HomeMy WebLinkAbout FULL PACKET_2010-09-20
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
SEPTEMBER 20, 2010
TITLE: APPROVED
? As Recommended
SANTA ANA EMPOWERMENT ? As Amended
CORPORATION FINANCIAL AUDIT El Ordinance on 1ST Reading
? Ordinance on 2"d Reading
FOR FY 2009-2010 AND DISSOLUTION OF ? Implementing Resolution
THE SANTA ANA EMPOWERMENT ? Set Public Hearing For
CORPORATION
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
1. Approve the closing Financial Audit of the Santa Ana Empowerment Corporation for fiscal year
2009-2010 as prepared by Macias Gini & O'Connell LLP.
2. Authorize the City Attorney and City Manager to proceed with the dissolution of the Santa Ana
Empowerment Corporation.
DISCUSSION
The City of Santa Ana received a Federal Empowerment Zone designation in 1999 from the
Department of Housing and Urban Development (HUD). This designation expired on December 31,
2009. As part of the Empowerment Zone requirements, an A-133 audit is necessary. The Santa Ana
Empowerment Corporation (SAEC) contracted with Macias Gini & O'Connell LLP to conduct a final
financial audit of the Corporation that was established to oversee and implement the grant on behalf
of the City.
The financial audit took place the week of August 9, 2010. The auditors found no material issues and
determined that the SAEC was in compliance with the Nonprofit Integrity Act of 2004. A copy of the
audit will be submitted to HUD for its records and the City Attorney will proceed with dissolving the
Santa Ana Empowerment Corporation with the Secretary of State.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Cynthia J. Nelson
Deputy City Manager for Development Services
Community Development Agency
CJN/LAS/DS/mlr
Exhibit: 1. Financial Audit
19C-1
19C-2
Certified Pubt c Accountants.
:5. ?f S;,: F~F. 4eF .~.:t mgocpa,corn
To the Mayor and City Council
of the City of Santa Ana
We have audited the financial statements of the Santa Ana Empowerment Corporation (Organization) for the
year ended June 30, 2010, and have issued our report thereon dated September 10, 2010. Professional
standards require that we provide you with the following information related to our audit.
Our Responsibilities under U.S. Generally Accepted Auditing Standards and OMB Circular A-133
As stated in our engagement letter dated May 8, 2009, our responsibility, as described by professional
standards, is to express an opinion about whether the financial statements prepared by management with
your oversight are fairly presented, in all material respects, in conformity with U.S. generally accepted
accounting principles. Our audit of the financial statements does not relieve you or management of your
responsibilities.
In planning and performing our audit, we considered the Organization's internal control over financial
reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the
financial statements and not to provide assurance on the internal control over financial reporting. We also
considered internal control over compliance with requirements that could have a direct and material effect
on a major federal program in order to determine our auditing procedures for the purpose of expressing
our opinion on compliance and to test and report on internal control over compliance in accordance with
OMB Circular A-133.
As part of obtaining reasonable assurance about whether the Organization's financial statements are free
of material misstatement, we performed tests of its compliance with certain provisions of laws,
regulations, contracts, and grants, noncompliance with which could have a direct and material effect on
the determination of financial statement amounts. However, providing an opinion on compliance with
those provisions is not an objective of our audit. Also in accordance with OMB Circular A-133, we
examined, on a test basis, evidence about the Organization's compliance with the types of compliance
requirements described in the "U.S. Office of Management and Budget (OMB) Circular A-133
Compliance Supplement" applicable to its major federal program for the purpose of expressing an opinion
on the Organization's compliance with those requirements. While our audit provides a reasonable basis
for our opinion, it does not provide a legal determination on the Organization's compliance with those
requirements.
Planned Scope and Timing of the Audit
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the
financial statements; therefore, our audit involved judgment about the number of transactions to be
examined and the areas to be tested.
EXHIBIT 1
b~
I /I 9C-3
Our audit included obtaining an understanding of the Organization and its environment, including internal
control, sufficient to assess the risks of material misstatement of the financial statements and to design the
nature, timing, and extent of further audit procedures. Material misstatements may result from (1) errors,
(2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or
governmental regulations that are attributable to the entity or to acts by management or employees acting
on behalf of the Organization.
Significant Audit Findings
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies. The significant
accounting policies used by Organization are described in Note (1) to the financial statements. No new
accounting policies were adopted and the application of existing policies was not changed during year.
We noted no transactions entered into by the Organization during the year for which there is a lack of
authoritative guidance or consensus. All significant transactions have been recognized in the financial
statements in the proper period.
Accounting estimates are an integral part of the financial statements prepared by management and are
based on management's knowledge and experience about past and current events and assumptions about
future events. Certain accounting estimates are particularly sensitive because of their significance to the
financial statements and because of the possibility that future events affecting them may differ
significantly from those expected We noted that the Organization's significant account balances are not
dependent upon management's estimates.
Certain financial statement disclosures are particularly sensitive because of their significance to financial
statement users. The most sensitive disclosure affecting the financial statements was regarding the
Organization's ability to continue as a going concern. This disclosure is included as Note (8) to the
financial statements.
Diculties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our
audit.
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the
audit, other than those that are trivial, and communicate them to the appropriate level of management.
Management has corrected all such misstatements. In addition, none of the misstatements detected as a
result of audit procedures and corrected by management were material, either individually or in the
aggregate, to the financial statements taken as a whole.
Disagreements with Management
For purposes of this letter, professional standards define a disagreement with management as a financial
accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be
significant to the financial statements or the auditor's report. We are pleased to report that no such
disagreements arose during the course of our audit.
19C-4
Management Representations
We have requested certain representations from management that are included in the management
representation letter dated September 10, 2010.
Management Consultation with Other Independent Accountants
In some cases, management may decide to consult with other accountants about auditing and accounting
matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of
an accounting principle to the Organization's financial statements or a determination of the type of auditor's
opinion that may be expressed on those statements, our professional standards require the consulting
accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge,
there were no such consultations with other accountants.
Other Audit Findings or Issues
We generally discuss a variety of matters, including the application of accounting principles and auditing
standards, with management each year prior to retention as the Organization's auditors. These discussions
occurred in the normal course of our professional relationship, and our responses were not a condition to our
retention.
This information is intended solely for the information and use of the Mayor, City Council and management
of the Organization and is not intended to be and should not be used by anyone other than these specified
parties.
a.." I D
Certified Public Accountants
Newport Beach, California
September 10, 2010
19C-5
19C-6
SANTA ANA EMPOWERMENT CORPORATION
Financial Statements and Single Audit Report
Years Ended June 30, 2010 and 2009
(With Independent Auditor's Report Thereon)
19C-7
SANTA ANA EMPOWERMENT REPORT
Financial Statements and Single Audit Report
June 30, 2010 and 2009
Table of Contents
Page
Independent Auditor's Report 1
Financial Statements:
Statements of Financial Position 3
Statements of Activities 4
Statements of Functional Expenses 6
Statements of Cash Flows 8
Notes to the Financial Statements 9
Single Audit Report:
Schedule of Expenditures of Federal Awards 16
Note to the Schedule of Expenditures of Federal Awards ..................................................................17
Independent Auditor's Report on Internal Control Over Financial Reporting and
on Compliance and Other Matters Based on an Audit of Financial Statements
Performed in Accordance with GovernmentAuditing Standards ..........................................................19
Independent Auditor's Report on Compliance with Requirements That Could Have
a Direct and Material Effect on Each Major Program and On Internal Control
Over Compliance in Accordance with OMB Circular A-133 ................................................................21
Schedule of Findings and Questioned Costs .................................................................................................23
Summary Schedule of Prior Audit Findings .................................................................................................26
19C-8
M
Certified PubUc Accountants.
tugocpa.corn
To the Mayor and City Council
of the City of Santa Ana
Independent Auditor's Report
We have audited the accompanying statement of financial position of the Santa Ana Empowerment
Corporation (Organization), a California nonprofit organization, as of June 30, 2010 and 2009, and the
related statements of activities, functional expenses, and cash flows for the years then ended. These
financial statements are the responsibility of the Organization's management. Our responsibility is to
express an opinion on these financial statements based on our audits.
We conducted our audits in accordance with auditing standards generally accepted in the United States of
America and the standards applicable to financial audits contained in Government Auditing Standards,
issued by the Comptroller General of the United States. Those standards require that we plan and perform
the audit to obtain reasonable assurance about whether the financial statements are free of material
misstatement. An audit includes consideration of internal control over financial reporting as a basis for
designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing
an opinion on the effectiveness of the Organization's internal control over financial reporting.
Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence
supporting the amounts and disclosures in the financial statements, assessing the accounting principles
used and significant estimates made by management, as well as evaluating the overall financial statement
presentation. We believe that our audits provide a reasonable basis for our opinion.
In our opinion, the financial statements referred to above present fairly, in all material respects, the
financial position of the Organization as of June 30, 2010 and 2009, and the changes in its net assets and
its cash flows for the year then ended in conformity with accounting principles generally accepted in the
United States of America.
The accompanying financial statements have been prepared assuming that the Organization will continue
as a going concern. As discussed in Note (8) to the financial statements, the Department of Housing and
Urban Development has determined that the grant period for all Empowerment Zone grants ended on
August 30, 2010. The Organization will have until September 15, 2010 to request reimbursement for
eligible Empowerment Zone expenses. At the conclusion of the grant period the Organization will
discontinue operations.
In accordance with Government Auditing Standards, we have also issued our report dated September 10,
2010, on our consideration of Organization's internal control over financial reporting and on our tests of
its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other
matters. The purpose of that report is to describe the scope of our testing of internal control over financial
reporting and compliance and the results of that testing, and not to provide an opinion on internal control
over financial reporting or on compliance. That report is an integral part of an audit performed in
accordance with Government Auditing Standards and should be considered in assessing the results of our
audit.
t, 1VC-9 .
Our audit was conducted for the purpose of forming an opinion on the basic financial statements of the
Organization taken as a whole. The accompanying schedule of expenditures of federal awards is
presented for purposes of additional analysis as required by U.S. Office of Management and Budget
Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and is not a required
part of the basic financial statements. Such information has been subjected to the auditing procedures
applied in the audit of the basic financial statements and, in our opinion, is fairly stated, in all material
respects, in relation to the basic financial statements taken as a whole.
%ia'c ae;~ ~ D
Certified Public Accountants
Newport Beach, California
September 10, 2010
19G-10
SANTA ANA EMPOWERMENT CORPORATION
Statements of Financial Position
June 30, 2010 and 2009
2010 2009
Assets:
Current assets:
Grant receivable $ 109,608 $ 436,029
Total current assets 109,608 436,029
Loans receivable 1,799,033 133,304
Total assets $ 1,908,641 $ 569,333
Liabilities and net assets:
Current liabilities:
Accounts payable $ 15,138 $ 1,187
Accrued program reimbursements to subrecipients 41,714 41,438
Total current liabilities 56,852 42,625
Payable to HUD 1,799,033 133,304
Advances from the City of Santa Ana 52,756 393,404
Total liabilities 1,908,641 569,333
Net assets:
Unrestricted - -
Total liabilities and net assets $ 1,908,641 $ 569,333
See Accompanying Notes to the Financial Statements.
3
19C-11
SANTA ANA EMPOWERMENT CORPORATION
Statements of Activities
Years Ended June 30, 2010 and 2009
2010 2009
Unrestricted net assets:
Revenue and support:
Empowerment Zone grant $ 2,780,246 $ 1,385,243
Program income - 1,571
Total revenue and support 2,780,246 1,386,814
Expenses:
Program services 2,151,741 716,534
Management and general 628,505 687,566
Total expenses 2,780,246 1,404,100
Change in net assets - (17,286)
Net assets, beginning of year - 17,286
Net assets, end of yeas $ - $ -
See Accompanying Notes to the Financial Statements.
4
19C-12
This page intentionally left blank.
19C-13
SANTA ANA EMPOWERMENT CORPORATION
Statements of Functional Expenses
Years Ended June 30, 2010 and 2009
2010
Program Management Total
Services and General Expenses
Salaries $ - $ 398,133 $ 398,133
Fringe benefits - 96,265 96,265
Total salaries and benefits - 494,398 494,398
Occupancy - 26,679 26,680
Communications - 3,609 3,609
Training and transportation - 2,605 2,605
Advertising and promotion - 89 89
Office expense - 9,769 9,769
Equipment and software - - -
Indirect costs - 10,241 10,241
Payments to subrecipients 420,802 - 420,802
Other contracted services - 81,115 81,115
Loan to subrecipient 1,730,939 - 1,730,939
Totals $ 2,151,741 $ 628,505 $ 2,780,246
See Accompanying Notes to the Financial Statements.
6
19C-14
2009
Program Management Total
Services and General Expenses
$ - $ 444,727 $ 444,727
- 102,753 102,753
- 547,480 547,480
15,210 15,210
5,290 5,290
2,665 2,665
3,928 3,928
- 13,675 13,675
- 257 257
- 20,605 20,605
716,534 - 716,534
- 78,456 78,456
$ 716,534 $ 687,566 $ 1,404,100
7
19C-15
SANTA ANA EMPOWERMENT CORPORATION
Statements of Cash Flows
Years Ended June 30, 2010 and 2009
2010 2009
Cash flows from operating activities:
Change in net assets $ - $ (17,286)
Adjustments to reconcile change in net assets
to net cash provided (used) by operating activities:
(Increase) decrease in grants receivable 326,421 (22,319)
(Increase) decrease in interest receivable - 17,286
(Increase) decrease in loans receivable (1,665,729) 405,373
Increase (decrease) in accounts payable 13,951 (68,091)
Increase (decrease) in accrued program
reimbursements to subrecipients 276 15,630
Increase (decrease) payable to HUD 1,665,729 (405,373)
Net cash provided (used) by operating activities 340,648 (74,780)
Cash flows from noncapital financing activities:
Advances from (reimbursements to) the City of Santa Ana (340,648) 74,780
Net increase in cash and cash equivalents - -
Cash and cash equivalents, beginning of year - -
Cash and cash equivalents, end of year $ - $ -
See Accompanying Notes to the Financial Statements.
8
19C-16
SANTA ANA EMPOWERMENT CORPORATION
Notes to the Financial Statements
June 30, 2010 and 2009
(1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
(a) Organization and Nature of Activities
Santa Ana Empowerment Corporation (Organization) is a California nonprofit corporation, which was
incorporated on August 16, 1999. The City of Santa Ana (City), the State of California, and the United
States Department of Housing and Urban Development (HUD) entered into an agreement in which
HUD designated the City as an Urban Empowerment Zone effective January 1, 1999, which will
remain in effect until July 2, 2010 or the effective date of HUD's revocation of this designation. In
conjunction with this designation, the Organization was created under an approved strategic plan to
undertake the responsibilities of the Empowerment Zone program which includes the administration of
funds received consistent with community vision, goals, and objectives of the approved strategic plan.
The Empowerment Zone program is funded by HUD.
(b) Basis of Accounting
The preparation of these financial statements requires management to make estimates and assumptions.
Those estimates and assumptions affect the reported amount of assets, liabilities, revenues, and
expenses, as well as contingent assets and liabilities. Actual results could differ from those estimates.
Management also determines the accounting principles to be used in the preparation of these financial
statements. A description of significant accounting policies employed in the preparation of these
financial statements follows.
The financial statements of the Organization have been prepared on the accrual basis of accounting and
accordingly reflect all significant receivables, payables, and other liabilities.
(c) Financial Statement Presentation
The Organization follows the financial statement presentation recommended by the Financial
Accounting Standards Board (FASB) Accounting Standards Codification (ASC) 958-205-45
(Statement of Financial Accounting Standards (SFAS) No. 117, Financial Statements ofNot for-Profit
Organizations). Under this guidance, the Organization is required to report information regarding its
financial position and activities according to three classes of net assets: unrestricted net assets,
temporarily restricted net assets, and permanently restricted net assets.
(d) Cash and Cash Equivalents
For purposes of the Statements of Cash Flows, the Organization considers all unrestricted, highly liquid
investments with a maturity of three months or less to be cash equivalents. Cash equivalents consist of
various demand deposits. As of June 30, 2010 and 2009, the Organization did not have any cash or
cash equivalents Refer to Note (3) for an explanation of the advances from the City of Santa Ana.
19C-17
SANTA ANA EMPOWERMENT CORPORATION
Notes to the Financial Statements (Continued)
June 30, 2010 and 2009
(e) Property and Equipment
Property and equipment is capitalized at cost. It is the Organization's policy to capitalize expenditures
for property and equipment in excess of $5,000. Property and equipment are being depreciated over
their estimated useful lives of three to five years using the straight-line method. All property and
equipment has been fully depreciated.
(f) Restricted and Unrestricted Revenue and Support
The Organization follows FASB ASC 958-605-25 (SFAS No. 116, Accounting for Contributions
Received and Contributions Made). In accordance with this guidance, contributions received are
recorded as unrestricted, temporarily restricted or permanently restricted support, depending on the
existence and/or nature of any donor restrictions. Support that is restricted by the donor is reported as
an increase in unrestricted net assets if the restriction expires in the reporting period in which the
support is recognized. All other donor-restricted support is reported as an increase in temporarily or
permanently restricted net assets, depending on the nature of the restriction. When a restriction expires
(that is, when stipulated time restriction ends or purpose restriction is accomplished), temporarily
restricted net assets are reclassified to unrestricted net assets and reported in the Statements of
Activities as net assets released from restrictions.
As described in Note (1)(b), the Organization accounts for its revenues using the accrual basis of
accounting. The Organization's most significant source of revenues is the Empowerment Zone Grant
from HUD. Grant revenue is recognized when expenditures are incurred.
(g) Concentration of Risk
The Organization receives all of its funding from HUD. The Organization has a written memorandum
of understanding with HUD, which will remain in effect until July 2, 2010 or the effective date of
HUD's revocation of this agreement.
(h) Income Taxes
The Organization is exempt from federal and state income taxes under Internal Revenue Code (IRC)
Section 501(c)(3) and Section 23701d of the California Revenue and Taxation Code (CR & TC) and
therefore has made no provision for income taxes in the accompanying financial statements. In
addition, the Organization has been determined by the Internal Revenue Service not to be a "private
foundation" within the meaning of the IRC Section 509(a).
The Organization adopted the authoritative guidance for uncertainty in income taxes included in FASB
ASC 740-10 Income Taxes (FASB Interpretation (FIN) No. 48, Accountingfor Uncertainty in Income
Taxes - an interpretation of FASB Statement No. 109), as amended by Accounting Standards Update
(ASU) 2009-06, Implementation Guidance on Accounting for Uncertainty in Taxes and Disclosures
Amendments for Nonpublic Entities. The adoption of ASC 740 (FIN 48) did not have an impact on the
Organization's financial statements.
19C_18
SANTA ANA EMPOWERMENT CORPORATION
Notes to the Financial Statements (Continued)
June 30, 2010 and 2009
(i) Functional Allocation of Expenses
The costs of providing various programs and activities have been summarized on a functional basis in
the Statements of Activities.
6) Recent Accounting Pronouncements
The Financial Accounting Standards Board ("FASB") implemented the FASB Accounting Standards
Codification (the "Codification") effective July 1, 2009. The Codification has become the source of
authoritative Generally Accepted Accounting Principles ("GAAP") recognized by FASB to be applied
to nongovernmental entities. On the effective date of the Codification, the Codification superseded all
then existing accounting and reporting standards. All accounting literature not included in the
Codification has become non-authoritative. References to GAAP included in the FASB Codification
are noted as Accounting Standards Codification ("ASC").
Following the effective date of the Codification, FASB will not release new standards in the form of
Statements, FASB Staff Positions, or Emerging Issues Task Force abstracts, but instead will issue
Accounting Standards Updates ("ASU"). ASUs will not be considered authoritative in their own right,
but will serve only to update the Codification, provide background information about the guidance in
the Codification, and provide the basis for the conclusions on the changes in the Codification.
19C-19
SANTA ANA EMPOWERMENT CORPORATION
Notes to the Financial Statements (Continued)
June 30, 2010 and 2009
(2) EMPOWERMENT ZONE GRANT
The total amounts granted and allocated are as follows:
Approved Grants:
Second round grant - Year One $ 3,000,000
Second round grant - Year Two 3,666,000
Second round grant - Year Three 12,306,200
Second round grant - Year Four 3,000,000
Second round grant - Year Five 1,987,000
Second round grant - Year Six 994,100
Second round grant - Year Seven 661,333
Second round grant - Year Eleven 667
Total Approved Grants 25,615,300
Allocated Grant Amounts:
Expensed during the period ended June 30, 2000 (1,199,953)
Expensed during the period ended June 30, 2001 (2,856,500)
Expensed during the period ended June 30, 2002 (3,847,624)
Expensed during the period ended June 30, 2003 (2,337,630)
Expensed during the period ended June 30, 2004 (3,190,000)
Expensed during the period ended June 30, 2005 (2,471,670)
Expensed during the period ended June 30, 2006 (2,243,119)
Expensed during the period ended June 30, 2007 (1,687,564)
Expensed during the period ended June 30, 2008 (1,566,386)
Expensed during the period ended June 30, 2009 (1,404,100)
Expensed during the period ended June 30, 2010 (2,780,246)
Total Allocated Grant Amounts (25,584,792)
Total Unexpended as of June 30, 2010 $ 30,508
(3) OPERATING AGREEMENT WITH THE CITY OF SANTA ANA
On December 6, 1999, the Organization entered into an operating agreement with the City to administer
the goals and objectives of the approved strategic plan of the Empowerment Zone. These duties
include the monitoring of programs, staffing, administration, and payment of program funds. Through
the Memorandum of Understanding with HUD, the City requests payment from HUD for program costs
incurred by subrecipients which are administered through the Organization in accordance with the
operating agreement. The City advances the funds for these program costs and is reimbursed by HUD.
19G-20
SANTA ANA EMPOWERMENT CORPORATION
Notes to the Financial Statements (Continued)
June 30, 2010 and 2009
All funds for the Empowerment Zone program are received directly by the City then passed through to
the Organization who in turn reimburses subrecipients. The subrecipients' programs have been selected
by the Organization to fulfill the goals stipulated in the approved strategic plan. The City is reimbursed
for its administration costs associated with this agreement. The initial term of the agreement was
through December 31, 2000; thereafter unless cancelled by the Organization through an action of its
Board of Directors, which action shall take place no later than November 30 or any calendar year, the
agreement shall be extended for the succeeding calendar year or until the termination date of the
program. The outstanding advances from the City of Santa Ana were $52,756 and $393,404 at June 30,
2010 and 2009, respectively.
(4) PROPERTY AND EQUIPMENT
The Organization's property and equipment consist of the following at June 30:
2010 2009
Equipment $ 22,884 $ 22,884
Furniture 30,816 30,816
Subtotal 53,700 53,700
Less: accumulated depreciation (53,700) (53,700)
Property and equipment, net of accumulated depreciation $ - $ -
(5) GRANT RECEIVABLE
The Organization receives all of its grant revenue from HUD through the City. Grant revenue is
recognized when expenditures are incurred since all monies received are on a reimbursement basis.
The amount due from HUD was $109,608 at June 20, 2010 and $436,029 at June 30, 2009.
(6) LOANS RECEIVABLE
On May 3, 2002, the Organization entered into an agreement with Taller San Jose, a subrecipient
organization, whereby the Organization lent Taller San Jose $200,000 for the purchase of property that
will be used for a vocational training program for young at-risk adults. The interest free loan is payable
on July 1, 2009. The principal amount is deemed repaid by $2,353 on the first day of each calendar
month. Taller San Jose is not obligated to make any payments to the Organization as long as the
property is used for the Empowerment Zone program. In the event that the property is put to any other
use than the designated Empowerment Zone program, the remaining principal balance would be
payable in full to the Organization who would then return the funds to HUD. The outstanding balance
was $0 and $2,353 at June 30, 2010 and 2009, respectively.
19C.-21
SANTA ANA EMPOWERMENT CORPORATION
Notes to the Financial Statements (Continued)
June 30, 2010 and 2009
On June 14, 2005, the Organization entered into an agreement with Kidworks, whereby the
Organization awarded Kidworks a conditional grant of $314,282. The funds were used to fund the
renovation costs for a community center site located in the Zone 1 area of the Santa Ana Empowerment
Zone. As long as Kidworks complies with the terms of the agreement and uses the property for the
Empowerment Zone program, an amount equal to $62,856 will be forgiven annually. In the event the
property is put to any other use than for the designated Empowerment Zone program before July 31,
2010, the remaining balance would be payable in full to the Organization who would then return the
funds to HUD. The outstanding balance was $68,094 and $130,951 at June 30, 2010 and 2009,
respectively.
On August 20, 2009, the Organization entered into an agreement with The Cambodian Family, a
subrecipient, whereby the Organization loaned the Cambodian Family $1,730,939 for the purchase of
property that will be used for its headquarters where it will undertake programs for education, job
placement and health. The interest free loan is payable on August 20, 2014. The Cambodian Family is
not obligated to make payments to the Organization as long as the property is used for the
Empowerment Zone program. In the event that the property is put to any other use than the designated
Empowerment Zone program, the balance would be payable in full to the Organization who would then
return the funds to HUD. The outstanding balance is $1,730,939 as June 30, 2010.
(7) ACCRUED PROGRAM REIMBURSEMENTS TO SUBRECIPIENTS
Accrued program reimbursements to subrecipients, including retentions payable, consisted of the
following at June 30:
2010 2009
The Cambodian Family $ 40,081 $ 13,262
Mexican American Oppurtunity Foundation - 10,630
Templo Calvario CDC 1,633 17,546
Total $ 41,714 $ 41,438
(8) GOING CONCERN
The Department of Housing and Urban Development (HUD) has determined that the grant period for
all Empowerment Zone grants will end on July 2, 2010. HUD has granted the Organization an
extension until August 30, 2010 to incur expenses. The total unexpended grant funds of $30,509 at June
30, 2010 must be expended by that date. The Organization will have until September 15, 2010 to
request reimbursement for eligible Empowerment Zone expenses. At the conclusion of the grant period
the Santa Ana Empowerment Corporation will discontinue operations. All assets will be reverted to the
City of Santa Ana. The salaries and benefits of the staff under the Santa Ana Empowerment
Corporation will be transferred to other projects within the Santa Ana Redevelopment Agency.
19C-22
SANTA ANA EMPOWERMENT CORPORATION
Notes to the Financial Statements (Continued)
June 30, 2010 and 2009
(9) SUBSEQUENT EVENTS
The Organization has evaluated subsequent events through September 10, 2010 the date the financial
statements were available to be issued.
19C-23
SANTA ANA EMPOWERMENT CORPORATION
Schedule of Expenditures of Federal Awards
Year Ended June 30, 2010
Federal Amount
CFDA Federal Provided to
Federal Grantor/Pass-through Grantor Number Grant Term Expenditures Subrecipients
U.S. Department of Housing
and Urban Development:
Passed through the City of Santa Ana:
Empowerment Zones Program 14.244 5/4/00-07/02/10 $ 2,780,246 $ 420,802
Total $ 2,780,246 $ 420,802
See Accompanying Note to the Schedule of Expenditures of Federal Awards.
19C,6--24
SANTA ANA EMPOWERMENT CORPORATION
Note to the Schedule of Expenditures of Federal Awards
Year Ended June 30, 2010
(1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
(a) Scope of Presentation
The accompanying schedule presents only the expenditures incurred by the Santa Ana Empowerment
Corporation (Organization) that are reimbursable under federal programs for federal financial
assistance. For purposes of this schedule, federal awards include federal financial assistance received
from the Department of Housing and Urban Development (HUD) through the City of Santa Ana. Only
the portion of program expenditures reimbursable with such federal funds is reported in the
accompanying schedule.
(b) Basis of Accounting
The expenses included in the accompanying schedule were reported on the accrual basis of accounting,
which is described in Note (1) to the Organization's financial statements. Expenses reported include
any property or equipment acquisitions incurred under the federal program.
(c) Subrecipients
During the fiscal year ended June 30, 2010, the Organization made the following payments to
subrecipients:
The Cambodian Family $ 304,146
El Puente CDC (Kidwojks) 116,136
Santa Ana WORK Center - Daisy Wheel 520
Total $ 420,802
19G-25
This page intentionally left blank.
190-26
Certified Public Accountants.
rngocpa.cc?m
To the Mayor and City Council
of the City of Santa Ana
Independent Auditor's Report on Internal Control over Financial Reporting and on
Compliance and Other Matters Based on an Audit of Financial Statements
Performed in Accordance With Governmental Auditing Standards
We have audited the financial statements of the Santa Ana Empowerment Corporation (Organization),
California, as of and for the year ended June 30, 2010, and have issued our report thereon dated
September 10, 2010. Our report included an explanatory paragraph highlighting that the Organization will
discontinue operations after June 30, 2010. We conducted our audit in accordance with auditing standards
generally accepted in the United States of America and the standards applicable to financial audits
contained in Government Auditing Standards, issued by the Comptroller General of the United States.
Internal Control Over Financial Reporting
In planning and performing our audit, we considered the Organization's internal control over financial
reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the
financial statements, but not for the purpose of expressing an opinion on the effectiveness of
Organization's internal control over financial reporting. Accordingly, we do not express an opinion on the
effectiveness of the Organization's internal control over financial reporting.
A deficiency in internal control exists when the design or operation of a control does not allow
management or employees, in the normal course of performing their assigned functions, to prevent, or
detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination
of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement
of the entity's financial statements will not be prevented, or detected and corrected on a timely basis.
Our consideration of the internal control over financial reporting was for the limited purpose described in
the first paragraph of this section and was not designed to identify all deficiencies in internal control over
financial reporting that might be deficiencies, significant deficiencies, or material weaknesses. We did not
identify any deficiencies in internal control over financial reporting that we consider to be material
weaknesses, as defined above.
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the Organization's financial statements are free
of material misstatement, we performed tests of its compliance with certain provisions of laws,
regulations, contracts, and grant agreements, noncompliance with which could have a direct and material
effect on the determination of financial statement amounts. However, providing an opinion on compliance
with those provisions was not an objective of our audit, and accordingly, we do not express such an
opinion. The results of our tests disclosed no instances of noncompliance or other matters that are
required to be reported under Government Auditing Standards.
24 S N W d SAr> 10? "t,. +t '
V. 1 9C727
We noted certain matters that we reported to management of the Organization in a separate letter dated
September 10, 2010.This report is intended solely for the information and use of the Mayor, City Council,
management and others within the Santa Ana Empowerment Corporation and federal awarding agencies
and pass-through entities and is not intended to be and should not be used by anyone other than these
specified parties.
)ha,.,c a~~ ~ o
Certified Public Accountants
Newport Beach, California
September 10, 2010
19C-28
Certified Pudic Accountants.
mgQCj)a.COm
To the Mayor and City Council
of the City of Santa Ana
Independent Auditor's Report on Compliance with Requirements
That Could Have a Direct and Material Effect on Each Major
Program and on Internal Control over Compliance
in Accordance with OMB Circular A-133
Compliance
We have audited the Santa Ana Empowerment Corporation's (Organization) compliance with the types of
compliance requirements described in the OMB Circular A-133 Compliance Supplement that could have a
direct and material effect on the Organization's major federal program for the year ended June 30, 2010.
The Organization's major federal program is identified in the summary of auditor's results section of the
accompanying schedule of findings and questioned costs. Compliance with the requirements of laws,
regulations, contracts, and grants applicable to its major federal program is the responsibility of the
Organization's management. Our responsibility is to express an opinion on the Organization's compliance
based on our audit.
We conducted our audit of compliance in accordance with auditing standards generally accepted in the
United States of America; the standards applicable to financial audits contained in Government Auditing
Standards, issued by the Comptroller General of the United States; and OMB Circular A-133, Audits of
States, Local Governments, and Non-Profit Organizations. Those standards and OMB Circular A-133
require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance
with the types of compliance requirements referred to above that could have a direct and material effect
on a major federal program occurred. An audit includes examining, on a test basis, evidence about the
Organization's compliance with those requirements and performing such other procedures as we
considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our
opinion. Our audit does not provide a legal determination of the Organization's compliance with those
requirements.
In our opinion, the Santa Ana Empowerment Corporation complied, in all material respects, with the
compliance requirements referred to above that could have a direct and material effect on its major federal
program for the year ended June 30, 2010. However, the results of our auditing procedures disclosed an
instance of noncompliance with those requirements, which is required to be reported in accordance with
OMB Circular A-133 and which is described in the accompanying schedule of findings and questioned
costs as item 2010-01.
Internal Control Over Compliance
Management of the Organization is responsible for establishing and maintaining effective internal control
over compliance with the requirements of laws, regulations, contracts, and grants applicable to federal
programs. In planning and performing our audit, we considered the Organization's internal control over
compliance with the requirements that could have a direct and material effect on a major federal program
to determine the auditing procedures for the purpose of expressing our opinion on compliance and to test
and report on internal control over compliance in accordance with OMB Circular A-133, but not for the
purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly,
we do not express an opinion on the effectiveness of the Organization's internal control over compliance.
A deficiency in internal control over compliance exists when the design or operation of a control over
compliance does not allow management or employees, in the normal course of performing their assigned
functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a
federal program on a timely basis. A material weakness in internal control over compliance is a
deficiency, or combination of deficiencies, in internal control over compliance, such that there is a
reasonable possibility that material noncompliance with a type of compliance requirement of a federal
program will not be prevented, or detected and corrected, on a timely basis.
Our consideration of internal control over compliance was for the limited purpose described in the first
paragraph of this section and was not designed to identify all deficiencies in internal control over
compliance that might be deficiencies, significant deficiencies, or material weaknesses. We did not
identify any deficiencies in internal control over compliance that we consider to be material weaknesses,
as defined above. However, we identified a certain deficiency in internal control over compliance that we
consider to be a significant deficiency as described in the accompanying schedule of findings and
questioned costs as item 2010-01. A significant deficiency in internal control over compliance is a
deficiency, or a combination of deficiencies, in internal control over compliance with a type of
compliance requirement of a federal program that is less severe than a material weakness in internal
control over compliance, yet important enough to merit attention by those charged with governance.
The Organization's response to the finding identified in our audit is described in the accompanying
schedule of findings and questioned costs. We did not audit the Organization's response and, accordingly,
we express no opinion on the response.
This report is intended solely for the information and use of the Mayor, City Council, management and
others within the Organization and federal awarding agencies, and passthrough entities and is not
intended to be and should not be used by anyone other than these specified parties.
a;,uz, ~ 0 16nned zcP
Certified Public Accountants
Newport Beach, California
September 10, 2010
19CA0
SANTA ANA EMPOWERMENT CORPORATION
Schedule of Findings and Questioned Costs
Year Ended June 30, 2010
Section I - Summary of Auditor's Results
Financial statements:
Type of auditor's report issued: Unqualified
Internal control over financial reporting:
• Material weakness(es) identified? No
• Significant deficiency(ies) identified not
considered to be material weaknesses? None noted
Noncompliance material to financial statements noted? No
Federal Awards:
Internal control over major programs:
• Material weakness(es) identified? No
• Significant deficiency(ies) identified not
considered to be material weaknesses? Yes
Type of auditor's report issued on compliance
for major programs: Unqualified
Any audit findings disclosed that are required
to be reported in accordance with
Section 510(a) of OMB Circular A-133? No
Identification of major programs:
CFDA No. 14.244 Empowerment Zones Program
Dollar threshold used to distinguish between
Type A and Type B programs: $300,000
Auditee qualified as a low-risk auditee? Yes
19G3 31
SANTA ANA EMPOWERMENT CORPORATION
Schedule of Findings and Questioned Costs
Year Ended June 30, 2010
Section II - Financial Statement Findings
None.
Section III - Federal Award Findings and Ouestioned Costs
Finding 2010-01
Federal Grantor: Department of Housing and Urban Development
Program: Empowerment Zones Program
CFDA No. 14.244
Criteria or Specific Requirement
When Empowerment Zone funds are expended the grantee must minimize the time elapsing between
the disbursement and drawdown.
Condition
During our testwork of cash management in accordance with OMB Circular A-133, we noted that the
Organization's administrative expenses that occurred and were disbursed during FY 08/09 were not
drawn down until January 15, 2010; which is not on a timely basis.
Cause
The deficiency appears to be due to inconsistent implementation of policies and procedures in place
by the Organization.
Effect
Noncompliance with the aforementioned requirement results in the Organization not submitting
drawdowns in a timely manner or the receipt of those funds.
Questioned Cost
Noncompliance with the aforementioned requirement results in untimely drawdown of $35,574.
Recommendation
We recommend the Organization adhere to policies and procedures that are in place by the
Organization to ensure drawdowns are made in a timely manner.
19C .32
SANTA ANA EMPOWERMENT CORPORATION
Schedule of Findings and Questioned Costs
Year Ended June 30, 2010
Management's Response
We concur with this one untimely draw-down of $35,574. We have reminded Finance staff of the
importance of drawing down funds in a timely manner. The Finance staff is aware of the
Organization's policy and procedures and will apply them consistently.
19G--33
SANTA ANA EMPOWERMENT CORPORATION
Summary Schedule of Prior Audit Findings
Year Ended June 30, 2010
There were no findings reported for fiscal year ended June 30, 2009.
1966 34
REQUEST FOR
1
COUNCIL ACTION `
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
SEPTEMBER 7, 2010
TITLE: APPROVED
? As Recommended
CONTRACT AWARD FOR WEED AND ? As Amended
DEBRIS REMOVAL ? Ordinance on 1s` Reading
? Ordinance on 2nd Reading
(SPEC. NO. 10-028) ? Implementing Resolution
? Set Public Hearing For
CONTINUED TO ?-620-10
FILE NUMBER
TY MANAGER
RECOMMENDED ACTION
Award a contract to Pestmaster Services for weed and debris removal for a one-year period, with
provision for three, one-year renewals in the annual amount not to exceed $252,000.
DISCUSSION
The Public Works Agency's Maintenance Services Division is responsible for maintaining over
200 vacant lots, easements, and storm drain channels. In order to do so, a contract for weed and
debris removal from both public and private properties is required. Removing the weeds and
debris will enhance the safety and visual appearance of the areas maintained by the Public
Works Agency.
The notice inviting bids was advertised on July 19, 2010 and bids were solicited. A summary of
the bid invitations and bids received is as follows:
10 Invitations For Bid mailed
2 Invitations For Bid mailed to Santa Ana vendors
3 Bids received
Bids were received, opened on August 13, 2010, and evaluated (Exhibit 1). To evaluate costs,
vendors provided quotations for representative projects that included various quantities and
specifications. The annual amount is based on staff's projection for the next year. The bid
received from Pestmaster Services is responsive to the specification.
22A-1
Contract Award for Weed and Debris Removal
September 7, 2010
Page 2
FISCAL IMPACT
Funds are available in the Sanitation Enterprise, the Federal Clean Water Protection Enterprise,
Community Development Agency - Downtown Development and the Merged Housing Capital
Projects Funds (account nos. 05717640-62300, 06817640-62300, 40718842-62300 and
50718830-66220).
APPROVED AS TO FUNDS AND ACCOUNT:
yr
Raul Godine II Francisco Gutierrez
Executive Director Executive Director
Public Works Agency Finance & Mgmt. Services Agency
Cynthia J. Nelson
Deputy City Manager for Development
Services
Community Development Agency
BP
22A-2
ABSTRACT OF BIDS
CONTRACT AWARD FOR WEED & DEBRIS REMOVAL (SPEC 10-028)
Vendor Pestmaster Phillips & Naranjo
Services Jordan Landscape
Location Bishop Redlands Orange
Total Cost $ 148,515.00 $ 165,727.00 $ 175,350.00
To evaluate costs, vendors provided quotations for representative projects
that included various quantities and specifications
Exhibit 1
22A-3
22A-4
REQUEST FOR i
COUNCIL ACTION M {
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
SEPTEMBER 20, 2010
TITLE: APPROVED
? As Recommended
AGREEMENT AMENDMENT FOR BILL PRINT El Or Amended
AND PAYMENT SERVICES El Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
i/ J• FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to amend the agreement with InfoSend, Inc.
for bill printing and mailing, and electronic bill presentment and payment services from $206,000 to
a total not to exceed $223,000 annually, during the term from March 1, 2010 through February 28,
2012.
DISCUSSION
The Treasury Division is responsible for the billing and payment processing of over 45,100
municipal utility services accounts. On February 20, 2007, the City Council approved an
agreement with InfoSend, Inc. for bill printing, mailing and electronic bill presentment services.
InfoSend was determined to be the most cost-effective method for printing of all Municipal Utility
Service (MUS) bills as well as processing e-payments. We are in the two year renewal period of a
three-year agreement with a two year renewal. InfoSend, Inc. agreed to maintain costs associated
with providing these services.
Additionally, InfoSend, Inc. and staff are ready to move forward in the transfer of dog license bill
printing and mailing, and electronic bill presentment and payment services. Outsourcing the bill
print and mailing of dog licenses will allow staff to concentrate on dog license process activities,
reducing the need for overtime. Dog owners will be able to view and pay their dog license bill on-
line, a convenience not currently available.
25A-1
Bill Print and Payment Services
September 20, 2010
Page 2
FISCAL IMPACT
Total contract cost of the agreement is estimated to be $223,000. Funds are available in the
Treasury and Customer Service Account (no. 01110130-63000).
A NNML 1, I\ Y" I ~LA
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25A-2
FOURTH AMENDMENT TO AGREEMENT
THIS FOURTH AMENDMENT TO AGREEMENT is entered into this 201h day of
September, 2010, by and between InfoSend, Inc., a California corporation ("Consultant") and the
City of Santa Ana, a charter city and municipal corporation of the State of California ("City").
RECITALS:
A. The parties entered into Agreement # A-2007-050, dated February 20, 2007, (hereinafter
"said Agreement") by which Consultant has provided municipal bill printing and mailing
services and electronic bill presentment and payment services.
B. Said Agreement has subsequently been amended by agreement of the parties in order to extend
the term, add compensation to pay for services annually and provide a method to adjust the per
unit printing and mailing prices.
C. In accordance with the terms and conditions of said Agreement, the parties wish to again
amend said Agreement to extend the term for an additional two-year period and provide
compensation to pay for services during the extended term.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
the terms and conditions of said Agreement, except those amended in this Fourth Amendment to
Consultant Agreement, the parties agree as follows:
1. Section 2.a., COMPENSATION, shall be amended to increase compensation, allowing for
two additional years of service in an annual amount of $223,000 ($206,000 for services +
$17,000 applicable Sales Tax) during the term from March 1, 2010 through February 28,
2012.
2. Section 3, TERM, shall be amended to extend the term for an additional two-year period
commencing March 1, 2010 and terminating February 28, 2012, unless terminated earlier in
accordance with Section 12 of said Agreement.
3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
25A-3
IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to
Consultant Agreement on the date and year first written above.
CITY OF SANTA ANA
ATTEST:
Maria D. Huizar DAVID N. REAM
Clerk of the Council City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
INFOSEND, INC.
By:
Laura Sheedy
Assistant City Attorney
MAHMOOD REZAI
President & CEO
25A-4
REQUEST FOR FY'
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
SEPTEMBER 20, 2010
TITLE: APPROVED
AGREEMENT AMENDMENT WITH VISTA ? As Recommended
DEL VERDE FOR LANDSCAPE El Amended
El Or dinance on 151 Reading
MAINTENANCE SERVICES FOR THE ? Ordinance on 2nd Reading
SANTA ANA ZOO AT PRENTICE PARK ? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute the attached agreement
amendment with Vista Del Verde Landscape, Inc. to provide landscape maintenance services at
the Santa Ana Zoo at Prentice Park in the amount of $135,316 for a one-year term, subject to
non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Parks, Recreation and Community Services Agency is responsible for the landscape
maintenance of all City parks and recreational facilities, including the Santa Ana Zoo at Prentice
Park. The Santa Ana Zoo landscape has been contract maintained since September 2003, and
for the past two-years, Vista Del Verde has provided this service. Vista Del Verde has performed
well during this time and staff is pleased with their rate of progress in improving the Zoo grounds.
The term of the agreement amendment is from October 1, 2010 through September 30, 2011
and the base agreement amount is $125,316. This amendment includes a $10,000 contingency
for unanticipated and emergency work, for a total agreement amount not to exceed $135,316.
FISCAL IMPACT
Funds are available in the Park Maintenance M&R Buildings and Grounds account (no.
01113250 62320).
APPROVED AS TO FUNDS AND ACCOUNTS:
Gerardo Mouet, Francisco Gutierrez,
Executive Director Executive Director
Parks, Recreation and Finance and Management Services Agency
Community Services Agency
25B-1
25B-2
AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT, is entered into this 20cn day
of September, 2010, by and between Vista Del Verde Landscape Inc. dba Bevill
Landscape Management ("Contractor") and the City of Santa Ana, a charter city and
municipal corporation of the State of California ("City").
RECITALS:
A. The parties entered into Agreement #A-2008-260, dated September 2, 2008, as
amended on September 21, 2009 by Agreement # A-2009-164 (hereinafter "said
Agreement") by which Contractor has provided high-level landscape maintenance for the
Santa Ana Zoo at Prentice Park, pursuant to specific terms and conditions.
B. The parties now wish to amend said Agreement to further extend the term for an
additional one-year period and provide the identical compensation to pay for the identical
services to be performed during the extended term.
WHEREFORE, in consideration of the covenants contained in said Agreement, and
subject to all the terms and conditions of said Agreement, except those amended in this
First Amendment to Agreement, the parties agree as follows:
1. Section 2.a., COMPENSATION shall be amended to read as follows:
a. City agrees to pay, and Contractor agrees to accept as total payment for its
services during the Extended Term, the rates and charges identified in Exhibit A.
The total charged for monthly routine maintenance during the Extended Term shall be
$125,316, payable monthly. An additional $10,000.00 contingency shall available for
unanticipated expenses during the Extended Term, which shall be authorized in writing
executed by the Executive Director of Parks, Recreation and Community Services or
designated representative. The scope of services shall include maintenance of the Tierra
Del Pampas exhibit. The total sum to be expended under this Second Amendment to
Agreement shall not exceed $135,316 during the Extended Term.
2. Section 3, TERM, shall be extended for an additional one-year period, terminating at
midnight on September 30, 2011, unless terminated earlier in accordance with Section 12
of the Agreement (herein referred to as the "Extended Term").
3. Except as hereinabove amended, all terms and conditions of said Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Agreement on the date and year first written above.
25B-3
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR DAVID N. REAM
Clerk of the Council City Manager
APPROVED AS TO FORM: VISTA DEL VERDE
JOSEPH W. FLETCHER Robert S. Johnson
City Attorney President
Tax ID No. 84-1672361
2
25B-4
Exhibit A
Vista Del Verde Landscape Zoo Maintenance Costs
$10,443 per month
$125,316 per year (base agreement amount)
$10,000 Contingency
$135,316 Total
25B-5
25B-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
SEPTEMBER 20, 2010
TITLE: APPROVED
? As Recommended
AGREEMENT WITH CORRECTIONAL ? As Amended
MANAGED CARE MEDICAL CORPORATION El Ordinance on Reading
El Ordinance on 2 2"d Reading
FOR INMATE MEDICAL SERVICES ? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager and the Clerk of the Council to execute the attached amendment to the
agreement with Correctional Managed Care Medical Corporation to provide inmate medical services in an
annual amount not to exceed $1,255,985, subject to non-substantive changes approved by the City
Manager and City Attorney.
DISCUSSION
On June 20, 2007, the City issued a Request for Proposals (RFP) for inmate medical services at the Santa
Ana Jail. These medical services are required and governed by State law, under the California Department
of Corrections Title 15 requirements.
The RFP specified on-site medical services 24 hours a day, in addition to a doctor on call, for the Santa Ana
inmates. Medical staff is required to conduct daily sick calls, dispense medication, as well as to assist in the
intake of incoming inmates to assess for entrance acceptability. Additional services such as dental care,
radiology, ophthalmology, OB/Gyn, psychiatric crisis intervention and emergency medical billing services
are also required.
Correctional Managed Care Medical Corporation (CMCMC) continues to be responsive to the specifications
and City's requirements. On August 20, 2007, Council approved entering into a three-year agreement with
two one-year renewal options with CMCMC. This would be the fourth year of the new contract.
FISCAL IMPACT
Funds in the amount of $1,046,655 are available in the Police Department, Detention Services fund
(account no. 01114475-62300).
APPROVED AS TO FUNDS AND A OUNTS:
#au . Walt ers Francisco Gutierrez
of Police Executive Director
Police Department Finance & Management Services Agency
25C-1
25C-2
THIRD AMENDMENT TO AGREEMENT FOR THE PROVISION OF
INMATE MEDICAL SERVICES
BETWEEN
CITY OF SANTA ANA
AND
CORRECTIONAL MANAGED CARE MEDICAL CORPORATION
THIS THIRD AMENDMENT TO AGREEMENT, is entered into this day of ,
2010, by and between the City of Santa Ana, a charter city and municipal corporation organized
and existing under the Constitution and laws of the State of California ("City") and Correctional
Managed Care Medical Corporation ("Contractor").
RECITALS:
A. City and Contractor entered into Agreement #A-2007-193, dated August 20, 2007, for
the Provision of Inmate Medical Services, hereinafter referred to as "said Agreement".
.B. City and Contractor entered into a First Amendment and Second Amendment, which
renewed the term of said Agreement for an additional one-year period each, and
approved the maximum obligation to be expended for services during that renewed term.
C. The Parties desire to renew the term of said Agreement for an additional one-year period,
approve the maximum obligation to be expended for services during that renewed term
and amend said Agreement to provide for an additional one-year extension.
NOW, THEREFORE, in consideration of the mutual and respective promises, and subject to all
the terms and conditions of said Agreement, except as herein modified, the parties agree as
follows:
1. Section 1, TERM, shall be amended to read:
"This Agreement shall commence on September 1, 2007 and terminate August 31, 2008,
unless terminated earlier in accordance with Section 15, below. At the exclusive option
of the City, the term may be renewed for two additional one-year periods. Thereafter the
parties may agree to extend the term for three additional one-year periods."
2. Section 1, TERM, shall be extended for an additional one-year period to August 31,
2011.
3. Section 3.a., COMPENSATION, shall be deleted in its entirety and replaced with the
following:
"a. The Total Annual sum to be expended under this Agreement for staffing,
pharmaceutical, supplies and other services shall not exceed $1,255,985.00, during the
25C-3
renewal term, from September 1, 2010 to August 31, 2011. During that renewal term, the
total payments for inmate medical services shall not exceed $1,155,985.00. An additional
amount up to $100,000.00 shall be available for Additional Services as listed in Section
13 of the RFP, during the renewal term."
4. Except as hereinabove modified, all terms and conditions of said Agreement shall remain
in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
Agreement the day and year first above written,
CITY OF SANTA ANA
ATTEST:
MARIA D. HUIZAR DAVID N. REAM
Clerk of the Council City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City
By:Att 7r),
Melissa rosthwaite
Deputy City Attorney CORRECTIONAL MANAGED CARE
MEDICAL CORPORATION
(Name)
(Title)
25C-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
SEPTEMBER 20, 2010
TITLE: APPROVED
0 As Recommended
AGREEMENT WITH THE FIREMEN'S E3 Amended
BENEVOLENT ASSOCIATION 0 O Or rdinance on Est Reading
El Ordinance on 2ntl Reading
Implementing Resolution
Set Public Hearing For
7 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 Firemen's Benevolent Association regarding wages and other
terms and conditions of employment.
DISCUSSION
The City and the Firemen's Benevolent Association (FBA) recently completed contract
negotiations resulting in a four-year contract extension to the FY 2004-10 Memorandum of
Understanding (MOU). The extension period covers July 1, 2010 through June 30, 2014.
The provisions of this extended agreement are as follows:
1) Salary: 7/01/10-6/30/11 = 0%
7/01/11 - 12/31/11 = 0%
1/01/12 - 12/31/12 = 2.5%
1/01/13-6/30/13 = 4.0%
7/01/13-6/30/14 = 0%
2) Payment toward 3% at 50 Service Retirement Benefit: Effective January 1, 201 1 , "safety"
employees contribute an additional .50%, for a total employee contribution of 1.43%.
3) Retirement Reopener: If the employer contribution rate for a fiscal year meets or exceeds
25%, then the provisions of Article 15.5 "Payment of 3% @ 50 Service Retirement Benefit"
shall be reopened at the request of the City-
25D-1
Agreement with the Firemen's Benevolent Association
September 20, 2010
Page 2
4) Overtime (Fire Suppression): Employees may choose monetary payment or take
compensatory time for overtime worked and employees must place one overtime shift
worked in a comp time bank during Fiscal Years 2010-11, 2011-12, 2012-13, and 2013-
14. Additionally, the City shall not backfill for employees taking compensatory time for the
aforementioned fiscal years.
5) Staffing: FY 2010-11 and 201 1-12 = Reduce daily staffing from 66 to 63 positions
FY 2012-13 and 2013-14 = Increase daily staffing from 63 to 64 positions
6) Paramedic School: During the term of the Agreement, when an employee attends medic
school, the City shall not be required to "backfill" with overtime.
7) Vacation Cash Out: Employees shall defer longevity vacation cash-out for Fiscal Years
2010-11 and 2011-12. The ability to cash-out longevity vacation leave time shall be
reinstated on July 1, 2012_ Allow carryover of up to three periods of regular and longevity
vacation; maximum cash-out value is 160 hours per year.
8) Should any other bargaining unit receive a salary or benefit increase during the term of
this Agreement that is of greater value than the combined value of the 4% and 2.5%, as
described above under "salary", FBA employees shall be granted that salary or benefit
equivalent.
FISCAL IMPACT
There are first-year savings to the City of $5,201,980, which includes deferral of salary increases
and vacation cash out, and reduction in staffing. There are additional ongoing savings of
$1,135,673 for staffing reductions and increased PERS contributions.
APPROVED AS TO FUNDS
AND ACCOUNTS:
Kathie S_ Gonzalez Francisco Gutierrez
Executive Director Executive Director
Personnel Services Agency Finance & Management Services Agency
25D-2
FOUR-YEAR CONTRACT EXTENSION TO
THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SANTA ANA
AND
THE SANTA ANA FIREMEN'S BENEVOLENT ASSOCIATION FOR FISCAL YEARS 2010-11
through 2013-14
The City of Santa Ana (City) and the Santa Ana Firemen's Benevolent Association (SAFBA)
have met and agreed to extend the 2004-10 Memorandum of Understanding (MOU)
between the CITY and SAFBA for four (4) additional years. The initial MOU provisions,
and the provisions outlined in the two-year Contract Extension for Fiscal Years 2008-09
and 2009-10, shall remain unchanged and in effect unless modified by this Contract
Extension. The new expiration date of the MOU shall be June 30, 2014, and the MOU
shall be amended as follows:
AMENDED ARTICLE IV (new language in bold italics)
4.3 Salary Adjustments
o
F. Effective July 1, 2009, there shall be no salary increase for employees covered by
this Agreement.
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 2.7% at 55
retirement benefit. To the extent permitted by CaIPERS and Internal Revenue Service
regulations, this additional 2.3% contribution shall be implemented through payroll
deduction on a pre-tax basis.
o
G. Effective January 1, 2010, there shall be no salary increase for employees covered
by this Agreement.
H. Effeetiye July i, 2010, the base salary ef empleyees eeyered by this Agreem
o
shall be ineressed by eight (8) salary rate ranges (appreximetely H. Effective July 1, 2010, there shall be no salary increase for employees covered by
this Agreement.
1€ffeetive January 12011, the
0
shall be ineressed by fiye (6) salary rate ranges (appreximetely FBA Contract Extension: 2010-2014 25D-3 Page 1
-3
I. Effective January 1, 2011, there shall be no salary increase for employees covered
by this Agreement.
J. Effective July 1, 2011, there shall be no salary increase for employees covered by
this Agreement.
K. E##eetive January 1, 2012, there
by this Agreement.
9. Effective January 1, 2012, the base salary of employees covered by this Agreement
shall be increased by five (5) salary rate ranges (approximately 2.5%).
L. Effective July 1, 2012, there shall be no salary increase for employees covered by
this Agreement.
A Effective January 1, 2013, the base salary of employees covered by this
Agreement shall be increased by eight (8) salary rate ranges (approximately 47o).
N. Effective FY2013-14, there shall be no salary increase for employees covered by
this Agreement.
0. Should any other bargaining unit receive a salary or benefit increase that is of
greater value than the combined value of that set forth in "Han"g= "K" and W
hereof during the term of this Agreement, the SAFBA shall be granted that- solar
er benefit equiYalent as well the value of that additional salary or benefit.
AMENDED ARTICLE IX (new language in bold italics)
9.5 Compensation for Overtime - Fire Suppression Personnel Assigned to the 24- Hour Duty
Work Schedule.
A. Overtime Duty: Emergency or Scheduled. A Fire Suppression pei-sennel employee who
etpe is required to remain on active duty or who volunteers to work overtime following
the scheduled termination of his or her tour of duty will be paid overtime at the rate
of one and one-half times his or her regular hourly rate of pay for all such time worked
in excess of his or her regularly scheduled workday or work schedule.
1. The regular hourly rate of pay will be computed by dividing the employee's regular
monthly base rate of pay, plus pay additives, by 243.
2.
FBA Contract Extension: 2010-2014 25D-4 Page 2
-4
A suppression employee shall have two options for compensation for overtime work:
a) Monetary Payment - The employee may receive cash overtime pay at one
and one-half times his or her regular hourly rate for all such time worked
in excess of his or her regularly scheduled workday or work schedule.
b) Compensatory Time - The employee may receive time off with pay at a
rate of one and one-half hours for every hour of overtime worked.
Compensatory time may be accumulated to a maximum of 144 hours.
Compensatory time may be used in any hourly increment. Compensatory
time off shall be taken at the discretion of the employee, provided it does
not unduly disrupt the operations of the Fire Department. The
requirement to backfill on overtime shall not unduly disrupt the operations
of the Fire Department. subject- te the eperatienal needs and steffw@
The SAFBA agrees that the first 24-hour overtime shift worked by every
suppression employee in Fiscal Years 2009-10, 2010-11, 2011-I2, 2012-13, and
2013-14 shall be taken as compensatory time and placed into their employees'
Compensatory Time Banks. Should any employee exceed the maximum 144 hours
allowed in the compensatory time bank, that time shall be paid in cash as overtime.
The parties hereto further agree that the City shall not be required to backfill for
employees taking compensatory time off, for a period of t we four (4) years, ending
July 1, 2-044 2011. During that period, the SAFBA agrees to allow the Department
to utilize step-up (move-up) for any staffing issues created by members' use of
compensatory time.
The parties agree that- these medifiestiens te Seetien 9.6 setisfy the entire
furleugh equiyeleney burden te the SAFBA fer the term ef this Agreement.
C. Staffing Levels.
1. , The minimum daily staffing level (without
Battalion Chiefs) for Suppression and EMS shall be as follows:
• July 1, 2010 through June 30, 2012: 63 personnel
(reduction of one Captain, one Engineer and one Firefighter per shift)
FBA Contract Extension: 2010-2014 25D Page 3
-5
• After July 1, 2012: 64 personnel
(Whether the additional position is of the Firefighter, Engineer, or Captain
rank shall be determined mutually by the parties).
The hiring practice will be to hire Firefighters as follows:
• juiy 1, 2004 thi-eugh june 30, 2006: When the steffing 'eye' i-eeehes 192
• juiy 1, 2006 thi-eugh june 30, 2007: When the steffing 'eye' i-eeehes 195
• juiy 1, 2007 thi-eugh june 30, 2008: When the steffing 'eye' i-eeehes 198
• July 1, 2010 through June 30, 2012: When If, during the
term of this Agreement, the number of permanent employees assigned to Fire
Suppression in ranks represented by the SAFBA drops to t-eeehes 189 or less
, the City wi= 4 may then hire
additional employees, provided, however, that the maximum number of te-e
steffing 'eye' ef 195 permanent employees assigned to Suppression in ranks
represented by the SAFBA shall, in no event, exceed 195.
• After July 1, 2012:
essigned te Suppi-essien, the City will then hii-e te e steffing 'eye' ef 198
If, during the term of this
Agreement, the number of permanent employees assigned to Fire Suppression
in ranks represented by the SAFBA drops to 192 or less, the City may then
hire additional employees, provided, however, that the maximum number of
permanent employees assigned to Suppression in ranks represented by the
SAFBA shall in no event exceed 198.
In the event there is a change in the deployment of apparatus, the City will increase
staffing levels to support this deployment.
For purposes of this Agreement, the City agrees to maintain the following deployment
levels on duty daily:
• July 1, 2010 through Tune 30, 2012: 14 Captains, 14 Engineers, 35
Firefighters or Firefighter/Paramedics, and 6 Staff Captains.
• After Tuly 1, 2012: 14 Captains, 14 Engineers, 35 Firefighters or
Firefighter/Paramedics, 6 Staff Captains, plus one additional position to be
determined mutually by the parties (see V" above).
2. If, due to budget overruns or revenue shortfalls budget appropriations are
insufficient to fund the minimum staffing level during the term of this Agreement,
FBA Contract Extension: 2010-2014 25D-6 Page 4
-6
then this provision of the Agreement is subject to being reopened for negotiation.
Between Ju/y 1, 2010 and June 30, 2014, any change shall be by mutual
agreement of the City and FBA.
3. Effective July 1, 2010 through June 30, 2014: The parties agree that the
City shall not be required to 'backfill" for up to one employee per platoon to
attend Paramedic School.
AMENDED ARTICLE X (new language in bold italics)
10.3 Cash Option - All m ems employees covered by this Agreement shall be given an
option, twice per calendar year, concurrent with the longevity vacation cash out option, to
receive cash compensation on a straight time basis in lieu of all or part of their holiday
leave benefits set forth in section 10.2 above.
Such option may be eliminated or modified at the discretion of the Fire Department or
to the extent it is construed as overtime under Department of Labor guidelines
implementing provisions of the Fair Labor Standards Act (FLSA).
Effective July 1, 2009, all employees covered by this Agreement shall defer for the
duration of Fiscal Year 2009-10 the employee's ability to cash out holiday leave
time. The ability to cash out holiday leave time shall be re-instated July 1, 2010.
During the term of this Agreement, such deferral shall not affect an employee's
ability to be compensated for the accumulated holiday leave time upon separation
from employment with the City, not to exceed a maximum of 216 hours.
10.5 A maximum of one (1) year of accrued Holiday leave time hours benefits may Abe
carried over from one calendar year to the next.
Effective July 1, 2010, employees choosing to cash out their holiday time may do
so to a maximum Yalue of 1.33 x 108 hears, er of 144 hours per year. During the
term of this Agreement, such limit on yearly cash-out shall not affect an employee's
ability to be compensated for the accumulated holiday leave time upon separation
from employment with the City, not to exceed a maximum of 216 hours.
AMENDED ARTICLE XI (new language in bold italics)
11.2 Regular Vacation Period
E. Computation of Regular Vacation
2. During the term of this Agreement, no employee may carry over from one calendar
year to the next more than the equivalent of twe three (3) regular vacation periods
and twe three (3) longevity vacation periods from the previous two years., end Yeeetie"
FBA Contract Extension: 2010-2014 25D-7 Page 5
-7
A regular vacation period is defined as the
maximum amount of vacation earned in a calendar year as provided in Subsection 11.2A
above.
3. The time at which an employee shall take his or her vacation shall be determined by
seniority within rank, with due regard for the needs of the Department.
4. The policy requiring minimum mandatory annual pre-selected vacations as set forth
in the Manual of Operations (M.O.O.) shall be suspended for the term of this
Agreement. Annual pre-selected vacation will be voluntary and a M.O.O. policy
shall be drafted to reflect this change. Additionally, all employees shall be given
the option to cancel and bank their unused Calendar Year 2009 pre-selected
vacations (subject to maximum vacation accrual limitations).
11.3 Longevity Vacation.
D. All m ems employees covered by this Agreement shall be given an option, twice per
calendar year, concurrent with the holiday cash out option, to receive cash
compensation on a straight time basis in lieu of all or part of their longevity vacation
leave benefits set forth in Subsection A above.
Such option may be eliminated or modified at the discretion of the Fire Department or
to the extent it is construed as overtime under Department of Labor guidelines
implementing provisions of the Fair Labor Standards Act (FLSA).
Effective July 1, 2009, all employees covered by this Agreement shall defer for
the duration of Fiscal Years 2009-10, 2010-11 and 2011-12 an employee's ability
to cash out longevity vacation leave time. The ability to cash out longevity vacation
leave time shall be re-instated July 1, 2012. This deferral shall not affect an
employee's ability to be compensated for the accumulated longevity vacation leave
time upon separation from employment with the City.
Effective July 1, 2010, employees choosing to cash out their longevity vacation
may do so to a maximum Yalue of 1.33 x 12 r of 160 hours per year. This
cap on annual cash-out of longevity vacation shall not affect an employee's ability
to be compensated for a// accumulated longevity vacation leave time upon
separation from employment with the City.
AMENDED ARTICLE XIV (new language in bold italics)
14.6 Retiree Health Insurance. Ci##e 9etebep 1, 2004;t-The City shall contribute each
October 1 an amount equal to °
FBA Contract Extension: 2010-2014 25D Page 6
-8
,
t-espeetiyely, the City she" eenti-ibute one and three quarter percent (1.75%) of the
bargaining unit's salary base, including assignment pays to the fund. a fund for the
purpose of providing premium reduction assistance. This program is for premium
reduction only and is provided for bargaining unit employees retiring after July 1, 1989.
The SAFBA shall be entitled to
inspect/audit the financial affairs and status of the fund.
The SAFBA agrees to defer the City's annual FBA Retiree Health Insurance Fund
(Fund 84) October 2009 deposit to a date no later than March 31, 2010. Interest
shall continue to accrue during this deferral period as stipulated by the Fund 84
Policy.
The Association agrees to a loan of $700,000 from Fund 84 (FBA Retiree Health
Insurance Fund) to Fund 11 (General Fund), effective November 1, 1996. The loan is to be
for an indefinite term at an annual interest rate of 5.65%, and will be repaid when
necessary, based on the fiscal condition of the FBA Retiree Health Insurance Fund. The
City shall provide the Association an annual report on the status of Fund 84 and the status
of the loan from Fund 84. As of July 1, 2010, the parties acknowledge that the entire
$700, 000 loan is outstanding.
The City and Association agree to form a joint labor-management committee for the
purpose of formulating a plan by which the Association will take over the administration of
this fund during the term of this Agreement. Once the Association accepts responsibility
for the administration of the plan, the FBA will provide an independent actuarial valuation
to the City on an annual basis.
AMENDED ARTICLE XV - (new language in bold italics)
15.5 Payment of 3% at 50 Service Retirement Benefit. The eetue' st fei. the benefit shell be
The City and Association agree that
eligible employees will pay ,
met to eeed .93% of sefety pery~eal the City's employer contribution. Effective
January 1, 2011, this employee contribution shall be increased to 1.43%.
15.6 Yearly Actuarial Valuation Fluctuations. CalPER5 provides the City with a yearly actuarial
valuation informing it of its new employer contribution rate to be in effect July 1St of each
year. The City and Association agree that the City's employer contribution rate will
fluctuate from year to year based on this investment returns earned by the retirement
system. The City agrees that current eligible safety employees paying to receive this
benefit should also benefit from this yearly fluctuation in the City's annual actuarial
valuation. °
FBA Contract Extension: 2010-2014 25D Page 7
-9
0
Should the City employer contribution rate meet or exceed 257. during the term of
this Agreement, the City and Association agree to a reopener of this section, but
there shall be no changes without the mutual written agreement of the parties.
AMENDED ARTICLE XXVI (new language in bold italics)
26.1 The term of this Agreement shall be from July 1, 2010 through June 30, 2014.
ARTICLE XXVII
27.0 RATIFICATION AND EXECUTION
27.1 The City and Association have reached an understanding as to certain recommendations
to be made to the City Council for the City of Santa Ana and have agreed that the
parties hereto will jointly urge said Council to adopt a new wage and salary resolution
which will provide for the changes contained in said joint recommendations. The City and
the Association acknowledge that this Agreement shall not be in full force and effect
until ratified by the membership of the Association and adopted by the City Council of
the City of Santa Ana. Subject to the foregoing, this Agreement is hereby executed by
the authorized representatives of the City and Association and entered into this 29*h
20th day of die September 2010.
CITY OF SANTA ANA, a
Municipal Corporation of the
State of California
Dated: By:
MAYOR
Dated: By:
CITY MANAGER
Dated: By:
EXECUTIVE DIRECTOR
PERSONNEL SERVICES
ATTEST: APPROVED AS TO FORM:
CLERK OF THE COUNCIL CITY ATTORNEY
FBA Contract Extension: 2010-2014 Page 8
25D-10
This Agreement has been ratified by the membership of the Santa Ana Firemen's Benevolent
Association.
Dated:
SANTA ANA FIREMEN'S BENEVOLENT ASSOCIATION
By:
MARK EIDE, PRESIDENT
FBA Contract Extension: 2010-2014 Page 9
25D-11
25D-12
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
SEPTEMBER 20, 2010
TITLE: APPROVED
? As Recommended
AGREEMENT WITH THE CONFIDENTIAL ? As Amended
? Ordinance on 1St Reading
ASSOCIATION OF SANTA ANA ? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
2
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 Confidential Association of Santa Ana regarding wages and other
terms and conditions of employment.
DISCUSSION
The City and the Confidential Association of Santa Ana (CASA) recently completed contract
negotiations resulting in a new two-year Memorandum of Understanding (MOU) covering July 1,
2010 through June 30, 2012.
The provisions of this agreement are as follows:
1) Salary: 7/01/10 - 6/30/11 = 0%
7/01/11 - 6/30/12 = 4.5% total (2.5% effective 7/1 /11 and 2% effective 1/1 /12).
2) Payment toward 2.7% at 55 Service Retirement Benefit: Employees shall contribute an
additional 1.0%, for a total of 7.3%, toward the City's "employer" rate.
3) Insurance Premiums: Employees shall contribute an additional $40/month toward medical
insurance premiums and $10/month toward dental insurance premiums. Employees
receiving "cash-back" in lieu of medical coverage will have their cash-back value
decreased by $40/month.
4) Retiree Health Subsidy: Reduce FY 2010-11 deposit to CASA fund from 1.75% to 1% of
base salary, plus premiums.
25E-1
Agreement with the Confidential Association of Santa Ana
September 20, 2010
Page 2
5) Vacation Cash Out: Employees shall defer longevity vacation cash out for FY 2010-11
and 2011-12. Allow an additional carryover of 80 hours of longevity vacation. The
maximum cash out value is 120 hours for FY 2012-13 and 2013-14.
6) Compensatory Time: Increase maximum comp time accrual to 160 hours from 80 hours.
7) Bilingual Pay Reopener: If the City modifies the amount of primary or secondary bilingual
pay, CASA agrees to form a Joint Labor Management Team to discuss bilingual pay
provisions.
8) Overtime Pay Reopener: Reopen the provision of the Agreement regarding overtime, if
the City modifies the manner in which it pays overtime (pursuant to the Fair Labor
Standards Act).
FISCAL IMPACT
There are first-year savings to the City of $489,120 for the reduction and deferral of salary
increases and leave cash outs, and the increase in contributions for CalPERS and medical and
dental insurance premiums. There are additional ongoing savings of $180,000 per year for the
reduction of salary increases and the increase in contributions for CalPERS and medical and
dental insurance premiums.
APPROVED AS TO FUNDS
AND ACCOUNTS:
r
Kathie S. Gonzalez Francisco Gutierrez
Executive Director Executive Director
Personnel Services Agency Finance & Management Services Agency
25E-2
MEMORANDUM
OF
UNDERSTANDING
CITY OF SANTA ANA
AND
CONFIDENTIAL ASSOCIATION OF THE CITY OF SANTA ANA
JULY 1, 2010 THROUGH JUNE 30, 2012
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) _MO1 2010 - 2012 Page 1
ABLE OF CONTENTS
ARTICLE SUBJECT PAGE
ARTICLE I RECOGNITION 4
ARTICLE II NON-DISCRIMINATION CLAUSE 5
ARTICLE III IMPLEMENTATION 6
ARTICLE IV ATTENDANCE, WORKDAY & WORKWEEK 7
ARTICLE V SALARIES 12
ARTICLE VI ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES 18
ARTICLE VII OVERTIME 24
ARTICLE VIII TRAINING & EDUCATIONAL ASSISTANCE PROGRAM 28
ARTICLE IX HOLIDAYS 31
ARTICLE X VACATION 34
ARTICLE XI OTHER LEAVES OF ABSENCE 38
ARTICLE XII EMPLOYEE INSURANCE 45
ARTICLE XIII RETIREMENT 48
ARTICLE XIV SAFETY 50
ARTICLE XV GRIEVANCE REVIEW PROCEDURE 51
ARTICLE XVI ASSOCIATION RIGHTS 53
ARTICLE XVII DUES DEDUCTION & INDEMNIFICATION 56
ARTICLE XVIII CITY RIGHTS 57
ARTICLE XIX STRIKES & WORK STOPPAGES 59
ARTICLE XX LAYOFFS 60
ARTICLE XXI MISCELLANEOUS PROVISIONS 62
ARTICLE XXII SOLE & ENTIRE AGREEMENT 65
ARTICLE XXIII WAIVER OF BARGAINING DURING THE TERM
OF THIS AGREEMENT 66
ARTICLE XXIV EMERGENCY WAIVER PROVISION 67
ARTICLE XXV SEPARABILITY PROVISION 68
ARTICLE XXVI TERM OF AGREEMENT 69
ARTICLE XXVII RATIFICATION & EXECUTION 70
EXHIBITS
EXHIBIT A BASIC SALARY & WAGE SCHEDULE 72
EXHIBIT B ASSIGNMENT OF CONFIDENTIAL ASSOCIATION OF
SANTA ANA FULL TIME CLASSIFICATIONS TO SALARY
RATE RANGES 74
EXHIBIT C RESOLUTION NO. 81-75 76
EXHIBIT D 9/80 HARDSHIP CLAIM 88
Page 2
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 25M'2010-2012 t
ABLE OF CONTENTS
(Alphabetical Order)
SUBJECT ARTICLE PAGE
ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES ARTICLE VI 18
ASSOCIATION RIGHTS ARTICLE XVI 53
ATTENDANCE, WORKDAY & WORKWEEK ARTICLE IV 7
CITY RIGHTS ARTICLE XVIII 57
DUES DEDUCTION & INDEMNIFICATION ARTICLE XVII 56
EMERGENCY WAIVER PROVISION ARTICLE XXIV 67
EMPLOYEE INSURANCE ARTICLE XII 45
GRIEVANCE REVIEW PROCEDURE ARTICLE XV 51
HOLIDAYS ARTICLE IX 31
IMPLEMENTATION ARTICLE III 6
LAYOFFS ARTICLE XX 60
MISCELLANEOUS PROVISIONS ARTICLE XXI 62
NON-DISCRIMINATION CLAUSE ARTICLE II 5
OTHER LEAVES OF ABSENCE ARTICLE XI 38
OVERTIME ARTICLE VII 24
RATIFICATION & EXECUTION ARTICLE XXVII 70
RECOGNITION ARTICLE 1 4
RETIREMENT ARTICLE XIII 48
SAFETY ARTICLE XIV 50
SALARIES ARTICLE V 12
SEPARABILITY PROVISION ARTICLE XXV 68
SOLE & ENTIRE AGREEMENT ARTICLE XXII 65
STRIKES & WORK STOPPAGES ARTICLE XIX 59
TERM OF AGREEMENT ARTICLE XXVI 69
TRAINING & EDUCATIONAL ASSISTANCE
PROGRAM ARTICLE VIII 28
VACATION ARTICLE X 34
WAIVER OF BARGAINING DURING THE TERM
OF THIS AGREEMENT ARTICLE XXIII 66
EXHIBITS:
ASSIGNMENT OF FULL TIME CLASSES REPRESENTED BY
CONFIDENTIAL ASSOCIATION OF SANTA ANA EXHIBIT B 74
BASIC SALARY & WAGE SCHEDULE EXHIBIT A 72
RESOLUTION NO. 81-75 EXHIBIT C 76
9/80 HARDSHIP CLAIM FORM EXHIBIT D 88
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010 - 2012 Page 3
25E-5
ARTICLE I
1.0 RECOGNITION
1.1 Pursuant to the provisions of the Meyers-Milias-Brown Act, Government Code
Section 3500, et sue., the City of Santa Ana (hereinafter called "the City") has
recognized the Confidential Association of Santa Ana (hereinafter called
"CASA") as the majority representative of the bargaining unit which includes
all full-time employees employed by the City of Santa Ana in classifications
heretofore designated as "confidential" and which are listed in Exhibit B of
this Agreement.
1.2 Notwithstanding the following provisions of this Memorandum of
Understanding, the parties agree that they have intended nothing herein to
entitle, alter or award Civil Service rights or privileges to any employee
represented by CASA who is in the Excepted (Exempt) Service of the City of
Santa Ana.
1.3 During the term of this 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
(refer to Exhibit C).
1.4 The term "employee" or "employees" as used herein shall refer only to full
time CASA employees of the City, in the employee classifications listed in the
attachment shown as Exhibit B of this Agreement, as well as such
classifications as may be added hereinafter via Council resolution.
1.5 It is the purpose of this Memorandum of Understanding to promote and
provide for harmonious relations, cooperation and understanding between
the City and employees covered by this Memorandum. It sets forth the full
and entire understanding reached in good faith negotiations regarding the
wages, hours, terms and conditions of employment of employees covered
by this Memorandum of Understanding which the parties intend to submit
jointly and recommend for approval to the City Council of the City of Santa
Ana.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010 - 2012 Page 4
25E-6
ARTICLE II
2.0 NON-DISCRIMINATION CLAUSE
2.1 The City and CASA agree that they shall not discriminate against any
employee because of race, color, gender, sexual orientation/association or
perception, age, national origin, ancestry, disability, medical condition,
marital status, pregnancy, childbirth or related medical conditions, genetic
information, political or religious opinions or affiliations, or CASA membership.
The City and CASA 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.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page S
25E-7
ARTICLE III
3.0 IMPLEMENTATION
3.1 The parties agree that this Memorandum of Understanding shall not be
binding upon the parties until said City Council:
A. Acts, by majority vote, to formally t-e approve said Memorandum of
Understanding; and
B. Acts to appropriate the necessary funds required to implement the
provisions of this Memorandum of Understanding that require funding.
3.2 Notwithstanding the foregoing, in the event the City Council fails to take all
actions necessary to implement this Memorandum of Understanding in a
timely manner, the parties understand that they may mutually agree to
implement appropriate provisions of this Memorandum that do not require
specific approval by the City Council.
3.3 Implementation shall be effective as of the date the memorandum of
understanding is formally approved by the City Council. If the parties fail to
agree to implement provisions of this Memorandum not requiring City Council
approval, then negotiations shall resume upon the request of either party.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010 - 2012 Page 6
25E-8
ARTICLE IV
4.0 ATTENDANCE, WORKDAY & WORKWEEK
4.1 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).
4.2 Hours of Work. Eight (8) hours of work shall constitute a normal workday and
forty (40) hours of work shall constitute a minimum workweek, except for
employees for whom special schedules have been approved by the City
Manager.
A. 4/10 Work Schedule. The Department Head, with the approval of the
City Manager, may assign employees to a workweek consisting of four
(4) ten-hour (10-hour) days with an additional one-half (1 /2) or one (1)
hour for unpaid lunch, as negotiated with CASA. The assigned
employee shall work four (4) ten (10) hour days and shall have three
(3) consecutive days off in a workweek. Upon mutual agreement
between the supervisor and employee, the employee may waive 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. 9/80 Work Schedule. The work schedule described below is known as
the "9/80" work schedule. The "9/80" work schedule is designed to be
in compliance with the requirements of the Fair Labor Standards Act
(FLSA). In the event that there is a conflict with the current rules,
practices and/or procedures regarding work schedules and leave
plans, then the rules listed below shall govern.
Employees shall be permitted to work a "9/80" work schedule when
authorized by the Department Head and approved by the City
Manager. A departmental work unit shall not be permitted to work this
schedule if in the discretion of the Department Head and City
Manager, the "9/80" work schedule may reduce service to the public.
1. "9/80" Work Schedule Defined. The "9/80" work schedule shall
be defined as working eighty hours (80) over nine (9) days in a
two-week period. An employee shall work eight (8) days for
nine (9) hours per day and one day for eight (8) hours, excluding
a one-hour lunch during each work shift, totaling forty (40)
working hours in each FLSA work week.
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25E-9
a. The Work Week Period. The forty (40) hour FLSA work
week period shall be defined as the work period starting
from Friday at mid-shift to Friday at mid-shift. No
employee working the "9/80" work schedule shall be
able to flex their Friday start time nor the time they take
their lunch break, which shall occur in the middle of the
day on Fridays.
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 (4) nine-hour work days
(thirty-six hours) and one (1) four-hour Friday for a total of
forty (40) work hours in each workweek (e.g., the Friday is
split into four (4) hours for the first shift, which is charged to
work week one and four hours (4) for the second shift,
which is charged to work week two).
C. Work Schedule Changes. Employees shall not be
permitted to change their work schedules without prior
approval of their supervisor and Department Head.
d. Modifications of the FLSA Work Week. 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.
4.3 9/80 Schedule Hardship Claims. Any employee having been authorized to
work the "9/80" work schedule who subsequently encounters a personal
hardship with his/her work hours may request an accommodation from
his/her Department Head. A "hardship request" shall be limited to an
employee's authorized hours of work. An accommodation shall be
considered only after the employee has exhausted all other personal options
to resolve the hardship.
If the employee is unable to resolve 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
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 8
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after reviewing said claim or assign a manager to investigate and
recommend a resolution of the hardship claim. The manager may
recommend the following:
A. Approve an appropriate flex schedule that does not disrupt the
department's ability to deliver its services or that does not create
disruption in the work unit.
B. Disapprove the employee's proposed solution to resolve the hardship.
C. 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.
D. Hardship Claims. The following process shall apply to CASA employees
on a 9/80 schedule with hardship concerns:
1. Employees shall be required to explore and exhaust all personal
options to resolve the hardship. The employee's efforts to resolve
his/her personal situation must be explained on the form.
2. An employee claiming an ongoing hardship due to the 9/80
work schedule should submit a hardship claim form (Exhibit D of
this MOU) to the Department Head through his/her manager.
The Department Head may authorize an accommodation after
reviewing said claim or may assign a manager to investigate
and recommend a resolution.
3. If, according to the employee, the hardship claim was not
resolved through the Department Head's recommendation, the
employee may submit the claim form to the Personnel Services
Department, M-24. A Hardship Committee shall be established
to assist in the resolution of hardship claims and meets on an as-
needed basis. The Hardship Committee will review the claim
and make a recommendation to the Department Head.
4. Hardship claims due to health reasons, either the employee's or
a dependant, must be supported by medical verification signed
by the employee's or dependants' private physician.
5. In cases where a hardship exists, as determined by the Hardship
Committee, efforts will be made to identify alternatives with due
regard to the employee's request but, with particular concern
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 9
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to the needs of the department. The Department Head has
final approval on any work schedule adjustment.
6. If transferred or reassigned to a different department and a
hardship continues, a new hardship claim must be filed with the
new Department Head.
7. It is the employee's responsibility to notify his/her supervisor if the
hardship terminates and return to the normal 9/80 work
schedule.
Inconvenience or preference does not constitute a hardship.
4.4 Overtime Defined. All FLSA nonexempt employees working under the "9/80"
work schedule shall earn overtime for all hours worked after the first forty (40)
hours in an FLSA work week as required under FLSA. Employees are required
to obtain supervisor authorization before working any overtime.
A. Overtime Compensation. Overtime work, and compensation for same,
shall follow the provisions stated in Article VII - Overtime.
B. Compensatory Time. Terms and compensation for Compensatory Time
shall follow the provisions stated in Article VII - Overtime.
4.5 Leave Benefits. When an employee is off on a scheduled workday under the
"9/80" work schedule, nine (9) hours of eligible leave per workday shall be
charged against the employee's leave balance; if the day off is a Friday,
then eight (8) hours shall be charged. When an employee is off on a
scheduled workday under the "4/10" work schedule, ten (10) hours of eligible
leave per workday shall be charged against the employee's leave balance.
All leaves shall continue under the current accrual, eligibility, request and
approval requirements.
A. Vacation Leave. Provisions for vacation leave are found in Article X of
this MOU.
B. Sick Leave. Provisions for sick leave are found in Article XI of this MOU.
C. Bereavement Leave. Provisions for bereavement leave are found in
Article XI of this MOU.
D. Holidays. Provisions for holiday leave are found in Article IX of this
MOU.
1. For a recognized City holiday, eight (8) hours, as stated in Article
IX (Holidays), are earned for each holiday. For the charging of
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 10
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hours on a scheduled holiday, the employee must use nine (9)
hours of holiday time off for a nine (9) hour workday or eight (8)
hours holiday time off for a Friday.
2. 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
shall bank eight (8) hours of holiday leave to be used at a later
date with the supervisor's approval.
E. Jury Duty Leave. If an employee is called to serve on jury duty during
a normal Friday off, or a Saturday, or Sunday, or on a City holiday, then
the jury duty shall be considered the same as having occurred during
the employee's day off work; therefore, the employee shall receive no
added compensation. See Article XI, Section 11.4, Jury and Witness
Leave.
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ARTICLE V
5.0 SALARIES
5.1 Basic Compensation Plan. There is hereby established a basic compensation
plan for all full-time personnel who are now employed or shall in the future
be employed in any of the designated classifications of employment
represented by CASA as listed in this Agreement and its attachments.
5.2 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 six (6) 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 "AA" through "E" inclusive,
with Step "AA" 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 for full time personnel is
listed in Exhibit B, which is attached and made a part hereof as though set
forth herein.
5.3 Salaries.
A. Effective July 1, 2010, CASA members are scheduled to receive a 4.0%
salary increase. CASA agrees to defer this scheduled increase until
July 1, 2011.
B. Effective January 1, 2011, CASA members are scheduled to receive a
2.5% salary increase. CASA agrees to defer this scheduled increase
until January 1, 2012.
C. Effective July 1, 2011, the base salary of classifications listed in Exhibit B
shall be increased by five (5) salary rate ranges (approximately 2.5%).
D. Effective January 1, 2012, the base salary of classifications listed in
Exhibit B shall be increased by four (4) salary rate ranges
(approximately 2.0%).
5.4 Application of Basic Compensation Plan. The salary rate ranges discussed in
Section 5.2 and attached hereto as Exhibit "B" are monthly salary rate
ranges. All full-time employees working in classifications of employment
covered by this Agreement shall be compensated at a monthly rate, except
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 12
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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.
5.5 Probation. Except for employees in the Excepted Service as defined by the
City Charter, and employees re-employed from re-employment lists, 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) and six
(6) months from the date of appointment from a promotional eligible list.
5.6 Be_ inning Rates. A new employee of the City of Santa Ana shall be paid the
rate shown as Step "AA" 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 "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.
5.7 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 (1 st) 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,
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 13
25E-15
except when he or she is being or will be reappointed as provided in the
Santa Ana Municipal Code (SAMC), Section 9-1 14 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" 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.
5.8 Advancement within Ranges.
A. Length of Service Advancements. After the salary of an employee has
been first established and fixed under this plan, such employee shall
be advanced from Step "AA" to Step "A," from Step "A" to Step "B,"
from Step "B" to Step "C," or from Step "C" to Step "D," whichever is
the next higher step to that on which the employee has been
previously paid, effective the first day of the month following the date
of completion of the length of service required for such advancement
as provided in Section 5.2 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 5.2 and Exhibit A hereof; the effective
date of such merit increase, if granted, shall be on the first (1 st) 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.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 14
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3. No advancement in salary above Step "D" shall become
effective until approved by the City Manager, except when
placement on a salary step above Step "D" results from
promotion under the provisions of Section 8 of this Article.
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
subparagraphs B.2 and B.3 of this section, supra.
5.9 Reduction in Salary Steps. Any employee who is being paid at merit Step "E"
may be reduced to Step "D" of the appropriate salary range, upon the
recommendation of the Department Head, and the approval of the City
Manager. Procedure for such reduction shall follow the same procedure as
outlined for merit advancements in Section 5.8 above, and such employee
may be considered for readvancement under the same provisions as
contained in Subsection C of Section 5.8 above.
5.10 Promotional Salary Advancement. When an employee is promoted to a
position in a higher classification from a position in a lower classification in the
same occupational career ladder, he or she shall be reassigned to Step
"AA" 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 "AA," he or she shall
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.
5.11 Demotion. When an employee is demoted to a position in a lower
classification, his or her salary rate shall be fixed in the appropriate salary rate
range for the lower classification in accordance with the following provisions:
A. The salary rate shall be reduced by at least one (1) salary step
(approximately 5%).
B. The new salary rate must be within the appropriate salary rate range.
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25E-17
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 5.9 above.
5.12 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.
5.13 Request for Classification Review. Any employee who, for a continuous
period exceeding six (6) months, 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 shall review the employee's submitted request
and within sixty (60) days shall 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 shall forward the
request to the Executive Director of Personnel Services
along with justification for support of the employee's
request.
b. The Department Head shall notify the employee that his
or her request has been submitted to the Executive
Director of Personnel Services.
2. Will not support the employee's request.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 16
25E-18
a. If the Department Head does not support the employee's
request for a classification review, he or she shall notify
the employee of this decision in writing and set forth the
basis for the decision.
b. If the Department Head does not support the employee's
request, but agrees that some of the duties and/or
responsibilities being performed by the employee are
those of a higher level City classification, he or she can
do the following:
1. Return the employee to performance of the duties
and/or responsibilities of their proper classification.
2. Eliminate the higher duties and/or responsibilities
being performed by the employee, for which the
City has agreed are those for which it shall provide
higher compensation.
B. Any employee request for classification review approved by the
Department Head shall be forwarded to the Executive Director of
Personnel Services. The Executive Director of Personnel Services shall
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 shall 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 shall so notify the
employee and the Department Head in writing and shall provide the
employee and Department Head with an approximate start date for
the study.
C. All determinations of the Department Head and the Executive Director
of Personnel Services are final.
D. All studies and study findings shall require City Manager approval
before proceeding.
E. All recommendations resulting from study findings require the approval
of the City Council and shall be implemented in accordance to the
City's Civil Service rules.
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ARTICLE VI
6.0 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES
6.1 Assignment Pay Differential.
Assignment pay differentials, as listed herein and throughout the Agreement,
shall, 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. Employees 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, shall
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. Full-time incumbents in any classification listed in this Agreement who
are 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 pay premium of forty dollars ($40) above his or her
then current base monthly salary step.
6.2 Lead Pay. Incumbents in any classification listed in this Agreement who are
regularly and continuously assigned to lead a functional unit which includes
two (2) or more positions in the same or lower classifications as the
incumbent may be compensated for said duties upon mutual agreement of
the City and CASA and approval of the Department Head and the Executive
Director of Personnel Services. This compensation shall be referred to as
"lead pay."
In addition, incumbents in any classification listed in this Agreement who are
regularly and continuously assigned to perform lead supervisory
responsibilities shall 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:
6.3 Bilingual Pay. An employee who is assigned by a Department Head or his or
her designee to a position requiring bilingual capability in both English and
either Spanish, Samoan, Vietnamese or other languages designated by the
City Manager, shall be paid a monthly assignment pay differential in
accordance with the criteria and amounts set forth below:
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 18
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A. The employee must be certified by the Executive Director of Personnel
Services, or his or her designee, as having satisfactorily demonstrated
conversational fluency in both English and the second language 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, shall
be designated as Primary Bilingual Assignments. A qualified incumbent
of such position shall be paid a monthly differential of one hundred
seventy-five dollars ($175) above his/her then-current base monthly
salary step.
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,
shall be designated as Secondary Bilingual Assignments. A qualified
incumbent of such position shall 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.
F. All assignments to positions set forth in this Article shall be made or
revoked at the discretion of the Department Head.
G. If the City modifies the amount of bilingual pay for any other
bargaining unit during the term of this agreement, CASA agrees to
form a Joint Labor Management (JLM) committee with the City to
review bilingual pay provisions and assignments (see also Article XXI,
Section 21.3.13).
6.4 Shift Differential.
A. Generally. An employee in a classification represented by CASA 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
(41/2) hours between the hours of 5:00 p.m. and 7:00 a.m., shall be paid
a shift differential for his or her entire work shift at a rate set ten (10)
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 19
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salary rate ranges (approximately 5%) higher than his or her then-
current base monthly salary step.
B. Standby Pax. Employees who are released from active duty but who
are required by their department to leave notice where they can be
reached and be available to return to active duty when required by
the department at any time other than their regularly scheduled
working hours, shall be said to be on standby duty. Effective no later
than the first (1 st) 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.
6.5 Temporary Upgrade Assignment Pax. 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/her designee must give written
approval of all Temporary Upgrade Assignments involving an
increase in pay for the appointee.
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B. Eligibility.
1. Regular, full-time employees shall be eligible to receive
Temporary Upgrade Assignment Pay if the work assumed
encompasses the majority of the typical duties and
responsibilities of the vacated higher-level position, and the
employee meets the qualifications outlined in B.2, below.
A. Employees in the following categories shall not be
assigned to Temporary Upgrade work unless specifically
authorized by the City Manager:
1) Non-permanent employees (Probationary, Part-
time, Seasonal, etc.).
2) Employees performing work above their regular
classification in a training capacity.
2. To qualify for temporary upgrade assignment pay, employees
must serve in an acting capacity in the higher-level
classification as follows:
o ten (10) consecutive working days of eight (8)
hours each; or
o eight (8) consecutive working days of ten (10)
hours each for employees working an alternative
work schedule; or
o 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
a. A permitted absence of two working (2) days or less
during such ten (10) day period shall not be deemed to
void such consecutive service; however, the days of
absence shall not be counted in the computation of
eligibility to qualify for the temporary upgrade assignment
pay.
b. 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.
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C. Employees must requalify for a Temporary Upgrade
Assignment if the employee has not worked in this
specific upgrade assignment for a period of eighteen (18)
consecutive months or longer. 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.
3. Whenever practicable, the appointing authority shall rotate
Temporary Upgrade Assignments among all qualified
employees.
C. Payment.
1. On the next consecutive working day following the qualification
period for temporary upgrade that 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 "AA") 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 shall not be sufficient to provide
the ten (10) salary rate range increase.
During the term of this Agreement, if an employee has worked
in a higher classification for the required minimum number of
consecutive work days to qualify for temporary upgrade
assignment pay, 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, shall
not be considered in computing the amount of higher pay to
which he or she is entitled in Subparagraph 6.5C 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 shall be added to the new salary
rate range.
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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 shall continue to accrue, and have recorded,
general, special or normal salary step increases in the
employee's permanent position; however, such salary increases
shall 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.
6.6 All assignments of personnel to positions set forth in Sections 6.1 through 6.5
above shall be made or revoked at the discretion of the Department Head.
6.7 Career Development Incentives. Employees hired in a classification which
requires a specialized certificate as a prerequisite to hiring, either upon
appointment or by the time of the employee's passage of probation
("regular appointment"), shall not be eligible for career incentive pay for that
prerequisite certificate. However, they shall be eligible for career incentive
pay for any other certificates approved for their classification. In no event
shall the application of this Career Development Incentive provision result in
an individual being eligible to earn more than twenty-five (25) salary rate
ranges (approximately 12.5%) above his or her current monthly base salary
step.
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ARTICLE VII
7.0 OVERTIME
7.1 General Policy for Overtime Work. When it shall be determined to be in the
public interest for employees to perform overtime work, or in an emergency
situation, the City Manager, the Department Head, or a duly authorized
representative of the City Manager or the Department Head, may require an
employee to perform overtime work.
7.2 Definition. Overtime work for those on a 5/40 work schedule is defined as:
A. That authorized or required time worked in excess of the normal
workday, tour of duty, or workweek schedule for the particular
classification and organizational unit of an employee. A workweek is a
fixed and regularly recurring period of 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 XVIII, infra.
B. Work on observed holidays or work on any regularly scheduled non-
work day of which there shall be two (2) per week, if work on any
regularly scheduled non-work day is worked at management's
direction.
7.3 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 work time, jury/witness leave, sick leave and
bereavement leave. Any combination of these work hours in excess of eight
(8) hours per day (except for employees on a 4/10 or the 9/80 work
schedule) or forty (40) hours per week shall entitle the employee to overtime
compensation.
Paid time off for vacation leave, all unpaid leave, Association release time
and compensatory time off shall not be credited towards the forty (40) hour
workweek. No employee shall work overtime hours unless authorized by the
department head or his/her designee.
7.4 All FLSA nonexempt employees working under the "9/80" work schedule shall
earn overtime for all hours worked after the first forty (40) hours in an FLSA
work week as required under FLSA.
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Should the City modify the manner by which it pays overtime (FLSA) to
members of other miscellaneous bargaining units, CASA agrees to reopen
this topic for discussion.
7.5 Compensation for Overtime.
A. The preferable method by which overtime shall be compensated is by
monetary payment, at one and one-half (1.5) times the employee's
regular rate of pay, subject to the provisions of Subsection "C" below.
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 in lieu of monetary compensation.
C. Employees shall have the option with Department Head approval to
convert a maximum of eighty (80) hours of time and one-half paid
overtime (in compensation for 53 1 /3 [fifty-three and one-third]
overtime hours worked) to time and one-half 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,
provided it does not unduly disrupt the operations of the agency. If
the Department Head or his or her designee subsequently denies the
requested compensatory time off the employee and department shall
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. The comp time bank for employees covered by this Agreement has a
maximum accrual limit of one hundred and sixty (160) hours.
E. Because each hour of overtime worked is programmatically accrued
on a time and one-half basis, compensatory time off shall be taken,
and monetary payment shall be paid, on a straight-time basis. Also,
upon termination, any earned, unused compensatory time off ("time-
on-the-books") shall be paid 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 shall first be deducted from any
available vacation benefits, after which it shall finally be deducted
from the next scheduled wage or salary payment.
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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.
1. 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.
7.6 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.
7.7 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.
7.8 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 '/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.
7.9 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.
7.10 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 orjudicial action, they shall meet and confer
regarding any proposed changes to this Agreement; however, no such
changes shall be made except on mutual agreement.
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7.11 Reopener. If, during the term of this Agreement, the City modifies the
manner in which it pays overtime (pursuant to the Fair Labor Standards Act),
the City and CASA agree to reopen this provision of the Agreement and
commence discussions regarding the City's modifications to overtime
payments.
7.12 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 during his/her off-duty hours. If
separate court appearances are made both in the morning and
afternoon of a particular day, a minimum of two (2) hours overtime
shall be allowed for each session attended. If the employee is not
released from a morning session and must remain available for
afternoon court, the employee shall be paid overtime for all hours the
court is in session that day.
The employee must provide a copy of the subpoena requiring his or
her attendance to initiate payroll procedures.
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 VIII
8.0 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM
8.1 Purpose.
A. To encourage the employees of the City of Santa Ana to take college
courses and special training courses which will better enable them to
perform their present duties and prepare them for increased
responsibilities.
B. To provide financial assistance to eligible employees for education
and training.
C. To establish eligibility requirements, conditions and procedures
whereby such assistance may be provided.
8.2 Eligibility.
A. Applications for tuition reimbursement shall be considered only from
full-time, permanent City employees who have completed the
probationary work test period.
B. Reimbursement is not authorized for courses for which the employee is
receiving financial assistance from other sources such as G.I. Bill,
scholarships, etc.
C. Applications shall be approved only for courses directly related to the
employee's job or directly related to a promotional position in the
employee's occupational specialty.
D. Courses not ostensibly related to the employee's job, but which are
required to qualify for a degree that is directly related to his or herjob,
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 shall 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
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010 - 2012 Page 28
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instruction within the curriculum of a recognized educational
institution, do not fall within the purview of this program but may be
authorized and funded by the interested department without
coordination with the Personnel Services Department.
G. When an employee is required by his or her Department Head to
attend a particular course or seminar, the expense shall be borne
entirely by the department.
8.3 Reimbursement.
A. Reimbursement shall 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 two thousand ($2,000) 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.
8.4 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.
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B. The Department Head shall recommend approval or disapproval
based on established criteria and budgetary constraints, and then
shall forward the application to the Executive Director of Personnel
Services.
C. The Executive Director of Personnel Services or his or her designee shall
approve or disapprove the application for the City Manager. One
copy shall be returned to the employee and the duplicate shall 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 course or disbursement of personal funds.
D. The employee shall 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
shall 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 shall determine whether the
completed course of instruction is compatible with the provisions of this
Article and shall compute the amount of reimbursement, authenticate
the application and forward it to the employee's Department Head.
F. The Department Head shall then authorize the Finance &
Management Services Department to reimburse the employee the
approved amount out of the budget of the department concerned.
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ARTICLE IX
9.0 HOLIDAYS
9.1 Legal holidays observed by full-time 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 commemoration of President's Day.
o Last Monday in May - In commemoration of Memorial Day.
o July 4th - In observance of Independence Day.
o First (1 St) Monday in September - In observance of Labor Day.
o November 1 1 th - In observance of Veterans' 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 shall be observed on the following
Monday.
o Any holiday which falls on a Saturday shall be observed on the Friday
preceding the holiday.
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9.2 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) eight-
hour working days off during the year in lieu of the holiday benefits
specified in Section 9.1 above. However, 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. Holiday time for employees on a 9/80 work schedule shall be
posted as follows:
¦ If a holiday falls on a regularly-scheduled nine (9) hour workday
(Monday, Tuesday, Wednesday or Thursday), nine (9) hours of
holiday time shall be posted.
¦ If a holiday falls on a regularly-scheduled eight (8) hour workday
(Friday), eight (8) hours of holiday time shall be posted.
¦ If a holiday falls on an employee's regularly-scheduled day off
work, the employee shall receive credit for eight (8) hours of
holiday time.
If any employee on a 9/80 or 4/10 work schedule separates from
employment prior to December 31 of any year and has already
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.
9.3 Modified Holiday Schedule - Employees Assigned to the Library. Employees
assigned to the Library shall, during the term of this Agreement, observe
holidays on the dates specified in Section 9.1 above.
9.4 A newly appointed employee must actually work at least one (1) day
preceding the day a holiday listed in Section 9.1, supra, actually occurs in
order to receive credit for such holiday during the month in which it occurs.
An employee separating from the service of the City must actually work at
least one (1) day following the day a holiday listed in Section 9.1, supra,
actually occurs in order to receive compensation for the holiday.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) Alf-OU 12 Page 32
A newly appointed employee must complete six (6) months of continuous
full-time service in order to receive credit for the Floating Holiday listed in
Section 1 above.
9.5 Holiday time off may only be taken in increments of eight (8) hours, unless the
employee is assigned to a 4/10 or 9/80 work schedule. Employees assigned
to the 4/10 work schedule must use their holidays in ten (10) hour increments.
Employees assigned to a 9/80 work schedule must use their holidays in nine
(9) hour increments as described in Article IV, Section 4.5.D, supra.
9.6 Holiday benefits may not be carried over from one (1) calendar year to the
next.
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ARTICLE X
10.0 VACATION
10.1 Purpose. It is the policy of the City to grant employees vacation leave in
order to provide them with a break in their regular work schedule and this
purpose shall be used as a guide in the administration of the provisions of this
Article.
10.2 Regular Vacation Period.
A. Full-time permanent and probationary employees covered by this
Agreement 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 (1 St) 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
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employee would have worked had he or she not been on
vacation, shall be deducted from the computation so that one
(1) additional day of regular vacation shall be allowed to the
employee unless departmental practice provides some other
manner of compensating for municipal holidays. Should an
employee be confined to a hospital for sickness or injury while
on authorized vacation, each full day of such confinement,
when confirmed by a physician's statement and approval of
the 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. 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.
10.3 Longevity Vacation.
A. 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 '/2 4
7 1 8
8 1 '/2 12
9 2 16
10 21/2 20
11 3 24
12 31/2 28
13 4 32
14 4 '/2 36
15 5 40
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Hourly Equivalent
Completed Years Additional Days of Additional Days
16 6 48
17 7 56
18 8 64
19 9 72
20 10 80
B. No employee becomes eligible for longevity vacation until completion
of the sixth (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.
C. A period of earlier service does not apply toward longevity vacation
accumulation when an employee has had a break in continuous
service, unless the break in service is concluded by reappointment, as
provided in Section 9-114 of the Civil Service Rules and Regulations, or
by reemployment from layoff within one (1) year. Leave of absence
without pay, as provided in Article XI, Section 11.1 E (Sick Leave -
Extended), Article Xl, Section 11.8 (Authorized Absence Without Pay-
Long Term) and Article XXI, Section 21.2 (Catastrophic Leave
Donation) herein, does not constitute a break in continuous service as
used in this section; however, the leave of absence period shall not be
applied toward the accumulation of 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.
D. Employees covered by this agreement are eligible to cash out up to
sixty (60) hours of their current year's allocation of longevity vacation.
E. Effective July 1, 2010, all employees covered by this Agreement shall
defer for the duration of Fiscal Year 2010-2011 and Fiscal Year 2011-
2012 the ability to cash out longevity vacation time. Such deferral shall
not affect an employee's ability to be compensated for all
accumulated leave upon termination of employment with the City.
F. Effective July 1, 2012 through June 30, 2014, all employees covered by
this Agreement shall be permitted to cash out a maximum of one
hundred twenty (120) hours of accrued longevity vacation per fiscal
year. Such cash-out of longevity vacation shall not be counted or
credited as time worked for the purpose of overtime calculation.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 36
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G. Effective July 1, 2014, the maximum permitted yearly cash-out of
longevity vacation shall revert back to sixty (60) hours per fiscal year.
10.4 Limitation on Vacation.
A. With the exception of a retiring employee, no employee is granted,
and no employee shall be allowed to take any vacation leave with
pay in excess of fifty (50) working days (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 two (2)
longevity vacation periods and the equivalent of one (1) regular
vacation period from the previous two (2) years. 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.
B. Effective as soon as practicable following approval of the
Memorandum of Understanding by the City Council, no employee
covered by this Agreement may carry over from one (1) calendar
year to the next more than the equivalent of three (3) longevity
vacation periods and the equivalent of one (1) regular vacation
period from the previous three (3) years, and vacation not taken
beyond that amount is forfeited. Effective July 1, 2014, limitation on
vacation carryover shall revert to that stated above in 10.4.A.
10.5 Excess Usage. If vacation time off is used in excess of that available, such
excess vacation time off will, first, be deducted from any available
compensatory time off accrual; finally, deducted from the next scheduled
salary payment.
10.6 Effect of Extended Sick Leave on Vacation Accrual. Absence on sick leave
for a period in excess of fifteen (15) consecutive calendar days shall not be
considered as service time for regular and longevity vacation accrual
purposes.
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ARTICLE XI
11.0 OTHER LEAVES OF ABSENCE
11.1 Sick Leave.
A. Definition. Except as otherwise provided below, sick leave shall be
deemed to mean absence from duty 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 shall be allowed such employee during the first three
(3) days of the statutory waiting period. If the workers'
compensation related illness or injury continues past the initial
three (3) consecutive days, the employee shall have the three
(3) used sick days recredited to his or her account if the
employee remains off work longer than fourteen (14) days. Paid
sick leave shall continue until the fourth (4th) day when the City
pays the employee workers' compensation benefits for such
illness or injury. If the employee does not have sufficient
accumulated sick leave at the commencement of such
industrial illness or injury, they shall be advanced sick leave for
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010 - 2012 Page 38
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this purpose. Subsequently, the City shall deduct an equal
amount previously advanced from any sick leave accrued by
the employee until the total amount is recovered. If the
employee terminates before recovery of all advanced sick
leave, the City shall deduct the unrecovered cost of sick leave
from such terminated employee's final paycheck, to the extent
possible.
The City may authorize employees to use sick leave, vacation,
or compensatory time for approved workers' compensation
medical 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 ('/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 shall 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
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 39
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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 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.
A physician's certificate or other satisfactory written evidence of
actual illness or injury may be required after an absence of any
duration less than three (3) days.
H. Denial. No employee shall be entitled to sick leave with pay while
absent from duty because of sickness or injury purposely self-inflicted
or caused by willful misconduct; or, sickness or disability sustained
while engaged in employment other than employment by the City, for
monetary gain or other compensation, or by reason of engaging in
business or activity for monetary gain or other compensation.
1. Excess Usaae. 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;
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 40
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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) To 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 nondisciplinary
termination of employment after ten (10) years of cumulative
full-time service with the City, each qualified employee shall be
entitled to payment for one-third (1/3) of the total sick leave
benefit credited to his or her account upon the effective date
of such termination, not to exceed a maximum limit of five
hundred and thirty-three (533) hours, at the rate of pay effective
on the date of such termination.
Maximum sick leave cash-out after ten (10) years of service shall
be equal to five hundred and thirty-three (533) hours.
Payment of all unused sick leave shall be included in the
employee's final paycheck, and is subject to payroll taxes.
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:
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) _MO : 0143 12 Page 41
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
nondisciplinary 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 11.1.K.2 above,
excluding Subsections a and b.
11.2 Bereavement Leave.
A. An employee covered under this Agreement shall be granted up to
three (3) working days leave without loss of pay in the case of a death
of a member of the employee's immediate family. Such leave is
designated as bereavement leave. "Immediate family" as used in this
section is limited to:
1. Any member of the employee's household related by blood or
marriage;
2. A parent, parent-in-law, stepparent, spouse, child, brother, sister,
stepbrother, stepsister, grandparent or grandchild of the
employee, regardless of residence;
3. Any other relative of the employee by blood or by marriage
where it can be established by the employee that as a result of
such relative's death, the employee's presence is required to
handle funeral arrangements and/or matters of estate.
B. Whenever an employee is required to travel one way more than 500
miles to attend to the death of a member of the employee's
immediate family, an employee may use up to sixteen (16) hours of
additional leave charged to their Personal Necessity Leave balance
when authorized by the Department Head.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 42
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1 1.3 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 shall 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, shall 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.
11.4 Jury and Witness Leave. When an on-duty employee is called to serve as a
juror or non-party witness in any court action, 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.
11.5 Examination Leave. Employees participating in examinations conducted
during their normal working hours for positions in the competitive service of
the City of Santa Ana shall be granted leave with pay for the time actually
required without loss of any accrued vacation time off benefits.
11.6 Unauthorized Absence. Unauthorized absence from duty for any duration of
time may be considered cause for dismissal. Unauthorized absence from
duty for a consecutive number of working hours equal to the number of
working hours in the employee's normal workweek (five (5) consecutive
working days) may be deemed a resignation from City service; provided,
however, if upon return to duty the person so absenting 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.
11.7 Authorized Absence Without Pay - Short Term. Absence without pay not to
exceed five (5) consecutive working days may be authorized by the
employee's Department Head. Absence without pay not to exceed fifteen
(15) calendar days may be authorized by the Department Head with the
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010 - 2012 Page 43
25E-45
approval of the City Manager. Such an absence may be authorized only if
in the judgment of the Department Head it serves the best interest of the City.
11.8 Authorized Absence Without 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 shall 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.
11.9 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.
11.10 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.
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 shall take the leave
and the estimated duration of the leave. Health and welfare insurance
coverage shall be continued only if the employee pays a cash premium to
continue coverage while on a leave of absence without pay or is covered
under the Family Medical Leave Act (FMLA) or California Family Rights Act
(CFRA) provisions.
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ARTICLE XII
12.1 EMPLOYEE INSURANCE
12.1 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 shall 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. The City shall contribute toward medical premiums an amount
consistent with the rates then in effect for each tier of the CaIPERS
Kaiser Permanente HMO Other Southern California plan.
C. Effective as soon as practicable following approval of the
Memorandum of Understanding by the City Council, CASA members
shall contribute $40.00 per month toward the cost of medical
insurance premiums. This contribution is in addition to the amount an
employee currently pays toward the cost of his/her medical insurance
premiums, if any.
D. Effective as soon as practicable following approval of the
Memorandum of Understanding by the City Council, the payment to
CASA members who currently receive a cash payment each month in
accordance with section 12.1(A) above shall be decreased by $40 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.
12.2 Dental Insurance. The City agrees to contribute a maximum of up to ninety
($90) dollars per month per employee toward the payment of premiums for
dental insurance plans provided by the City for employees covered by this
Agreement and their eligible dependents.
A. Effective as soon as practicable following approval of the
Memorandum of Understanding by the City Council, CASA members
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 45
25E-47
shall contribute $10.00 per month toward the cost of dental insurance
premiums. This contribution is in addition to the amount an employee
currently pays toward the cost of his/her dental insurance premiums, if
any.
B. 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.
12.3 Vision Plan. The City shall maintain in effect its existing vision plan, for
employees covered by this agreement. All costs of the premium shall be
paid by the employee.
12.4 Long-Term Disability (L.T.D.) Insurance. The City shall continue to pay one
hundred percent (100%) of the premium cost for a 60-day elimination period
long-term disability insurance plan for employees covered by this
Agreement.
12.5 Life Insurance. The City shall maintain in effect its existing life insurance plans
covering employees covered by this Agreement, 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.
12.6 The City shall retain the right to change health, dental and life insurance
carriers, administer the insurance benefits provided thereunder, and select
and/or change any excess or supplemental insurance carriers as a part of
any self-insurance plan during the term of this Agreement, provided that
employees covered by this Agreement continue to receive equivalent
benefits and provided that the parties have met and conferred before the
benefits changes are made.
12.7 When there is a need to discuss matters relating to employee insurance and
the City believes it would be beneficial to involve an Insurance Committee,
CASA shall have an equal number of representatives as the City on such a
committee, and the Committee shall meet as necessary.
12.8 Medical Retirement Subsidy Plan.
A. The City's current annual contribution towards the Medical Retirement
Subsidy Plan for employees covered under this Agreement isl.75% of the
bargaining unit's base salary, which is based on the first payroll period in
October and deposited no later than October 31st of each year. Effective
Fiscal Year 2010-2011, the City's annual contribution to the Medical
Retirement Subsidy Plan for CASA employees shall be decreased from 1.75%
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 46
25E-48
to 1%. Effective Fiscal Year 2011-2012, the City's annual contribution to the
Medical Retirement Subsidy Plan for CASA employees shall revert back to
1.75%.
1. If during the term of this Agreement, the City modifies the
contribution amount for any other bargaining unit's medical
retirement subsidy plan, the City and CASA agree to reopen this
provision of the Agreement and commence discussions
regarding the contribution amount.
B. The plan shall be administered by the City, at no cost to CASA or its members
pursuant to the written directives of CASA. The funds contributed by the City
shall be maintained in such a manner as to ensure 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.
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ARTICLE XIII
13.0 RETIREMENT
13.1 General. The terms of the existing contract between the City and the
California Public Employees' Retirement System (CaIPERS) governing the City
retirement benefits for affected employees are incorporated by reference
herein. The City shall continue to make contributions to CaIPERS in
accordance with its contract with CaIPERS for affected employees covered
by said contract as amended.
13.2 Deferred Retirement. The City shall continue to make payment to CaIPERS
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 eight percent (8%) of base salary. Such payments shall be
credited to the individual employee's CaIPERS account.
Such payments are not increases in base salary and no salary 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 shall not treat these payments as ordinary income and, thus shall 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 sixteen (16) salary rate ranges (8%).
For the purpose of reporting an employee's compensation to CaIPERS, the
City shall include these payments as if they were a part of the employee's
base salary.
13.3 2.7% at 55 Service Retirement Benefit for Miscellaneous Members.
The City agrees to continue to provide Miscellaneous employees covered by
this Agreement with the 2.7% at 55 Service Retirement benefit. Pursuant to
CaIPERS regulations, this formula shall apply to employees that are in an
active status. This formula shall apply to each year of eligible service
credited with the City of Santa Ana.
Payment toward the 2.7% at 55 Service Retirement Benefit. Employees
covered by this Agreement began paying a total of 6.3% on July 1, 2009
toward the cost of the 2.7% at 55 enhanced retirement formula. Effective as
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010- 2012 Page 48
25E-50
soon as practicable following approval of the Memorandum of
Understanding by the City Council, miscellaneous employees covered by
this Agreement agree to contribute an additional 11% toward the employer
cost of the 2.7% at 55 retirement benefit, for a new total contribution of 7.3%.
Pre-Taxable Benefit. To the extent permitted by CalPERS and Internal
Revenue Service regulations, the City shall make the above employee
deductions pre-tax contributions.
13.4 Credit for Unused Sick Leave. An employee covered by this Agreement shall
be permitted to 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 eight-hour 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 employment. This section applies to members
whose effective date of retirement is within four (4) months of separation from
employment.
13.5 Military Service Credit as Public Service. An employee covered by this
Agreement shall be permitted to purchase up to four (4) years of service
credit for any continuous active military or merchant marine service prior to
employment. The employee must contribute an amount equal to the
contribution for current and prior service that the employee and the
employer would have made with respect to that period of service.
13.6 Deferred Compensation.
A. Background. Prior to July 1, 1991, the City authorized an amount equal
to one percent (1.0%) of base pay for a deferred compensation
benefit for full time "confidential" employees. This benefit was treated
separately from salary, and was not included in the City's salary and
wage schedule. Effective July 1, 1991, to comply with CalPERS wage
reporting requirements, this benefit was added to the pay rate
assigned to each "confidential" classification and reported as "salary"
to CalPERS. Thereafter, pay levels for "confidential" classifications
included this additional one percent (1%) deferred compensation
benefit.
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ARTICLE XIV
14.0 SAFETY
14.1 General. The City and the employees of the City agree to comply with all
applicable Federal, State and local laws, and the City of Santa Ana
regulations, which relate to health and safety.
14.2 Central Safety Committee. CASA may designate two (2) representatives and
two (2) alternates to serve on the City's Central Safety Committee.
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ARTICLE XV
15.0 GRIEVANCE REVIEW PROCEDURE
15.1 Definition of a Grievance. A grievance shall be defined as a timely
complaint by an employee or group of employees or CASA 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.
15.2 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) business 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) business 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. If the Department Head is the immediate
supervisor, the employee may proceed directly to the City Manager or
his/her designee. 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) business 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.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 51
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15.3 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) business days after the
grievance has been submitted to the Department Head. The
Department Head, or his or her designated representative, 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)
business 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 shall constitute a
waiver and bar to the grievance, and the grievance shall 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) business 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) business 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 maintained in the City Personnel Services
Department.
15.4 Reservation of Rights. After the procedure set forth in this Article has been
exhausted, the grievant, CASA, and the City shall have all rights and
remedies to pursue said grievance under the law.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 52
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ARTICLE XVI
16.0 ASSOCIATION RIGHTS
16.1 Release Time for Association Representatives. CASA shall have the right to
appoint/elect a reasonable number of representatives who are recognized
by the City as officers or work site leaders/stewards.
A. Such reasonable number of work site leaders/stewards recognized by
the City shall be limited to six (6).
B. The City's Executive Director of Personnel Services shall be provided
with a list of names and classification titles of CASA's officers as set
forth in Exhibit B of the Confidential Association of Santa Ana City MOU,
as well as the names and classification titles of all work site
leaders/stewards and other Association representatives. The
Association agrees to inform the City in writing of any changes in said
list within ten (10) calendar days.
C. During the term of this Agreement, the City agrees to allow reasonable
time off without loss of compensation to enable the officers and
worksite leaders/stewards to assist other CASA unit employees in
processing grievances under the Grievance Review Procedure and
other CASA business activities; provided, however, that such officers
and worksite leaders/stewards shall make advance arrangement with
their supervisors prior to absenting themselves for such purpose. The
officers and worksite leaders/stewards shall be required by the City to
record and report to their supervisors the work time spent in assisting
other bargaining unit employees pursuant to this provision of the
Agreement.
Time spent by the Association President, officers or worksite
leaders/stewards on Association Release time, under this MOU, shall
not be considered time worked for computation of overtime
according to the Fair Labor Standards Act.
16.2 Worksite Access.
A. Officers, worksite leaders/stewards and/or Association representatives
shall be permitted to visit break and lunch areas designated by the
City, before or after work or during designated lunch periods for the
purpose of discussing Association business, provided that
arrangements are made in advance with the manager responsible for
the worksite.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 53
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B. Such visits shall not disrupt the work of City employees, interfere with
the normal operations of the department or with established safety
and security requirements. Where any such problems arise, CASA and
the City will agree on an alternate meeting/conference facility for the
purpose of providing a place for CASA to hold a meeting before or
after work or during lunch periods. If the City facility provided CASA as
an alternate meeting site during non-working hours is a public meeting
room, its scheduling and use shall be governed in accordance with
regulations pertaining to the use of public meeting rooms at City
facilities.
C. Solicitations of membership and all activities concerned with the
internal management of CASA, such as collecting dues, holding
membership meetings, preparation of petitions, campaigning for
office, conducting elections and distributing literature, shall not be
conducted during working hours.
D. Officers and employees may perform those duties assigned to them
by CASA, but in no event shall they have the right to interfere with the
performance of work of any other employee or interfere with City
operations or to call a strike, slowdown, work stoppage, sympathy
strike or take any economic action against the City.
16.3 Release Time for Employee Representatives.
A. In the event that CASA is formally meeting and conferring with
representatives of the City on matters within the scope of
representation during regular City business hours, a reasonable
number of officers, employee representatives or other officials of CASA
shall be allowed reasonable time off without loss of compensation or
other benefits.
B. Such officers and employee representatives shall not leave their duty
or work station or assignment without the prior knowledge of their
supervisor or such supervisor's supervisor.
C. Such meetings are subject to scheduling in a manner consistent with
City operating needs and work schedules.
16.4 Use of Bulletin Boards. Space shall be made available to CASA on the City's
existing employee bulletin boards for the purpose of posting notices
pertaining to Association business, subject to the following conditions:
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 54
25E-56
A. Material posted by CASA shall not include campaign material on
municipal election matters, including elections for City Council, other
City positions, or other municipal political matters.
B. Material posted is not derogatory to the City, City employees or other
employee organizations.
C. All materials are dated, identify CASA and bear the signature of the
authorized representative (s) of CASA responsible for their issuance.
D. The City reserves the right to determine what reasonable portion of
employee bulletin boards are to be allocated to Association materials.
E. If CASA does not abide by these provisions, it will forfeit its right to have
materials posted on the City's employee bulletin boards.
F. CASA shall not be permitted to post any material that is prohibited by
State law or the City Charter.
16.5 Use of City Facilities. The City shall allow CASA to conduct meetings in the
City's public meeting rooms during non-working hours provided such
meetings are scheduled in accordance with regulations governing the use
of public meeting rooms at City facilities; provided, however, CASA shall not
be permitted to use City facilities to discuss or present any matter that is
prohibited by State law or the City Charter.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010 - 2012 Page 55
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ARTICLE XVII
17.0 DUES DEDUCTION & INDEMNIFICATION
17.1 Dues Deduction. Upon ratification and approval of dues collection by
Association membership, the City shall deduct dues, on a regular basis, from
the pay of all employees recognized to be represented by CASA, who
voluntarily authorize such deduction, in writing, on a form to be provided for
this purpose by the City. The City shall remit such funds to CASA within thirty
(30) calendar days following their deduction. Provisions for such dues
deduction shall be included in future Memorandums of Understanding
should CASA members elect to authorize said deduction.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010 - 2012 Page 56
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ARTICLE XVIII
18.0 CITY RIGHTS
18.1 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.
1. 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.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 57
25E-59
K. To establish and modify productivity and performance programs and
standards.
L. To discharge, suspend, demote, or otherwise discipline employees for
proper cause in accordance with the provisions set forth in the City
Charter and Santa Ana Municipal Code.
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.
18.2 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 CASA regarding the impact of the
contemplated exercise of such rights prior to exercising such rights, unless the
matter of the exercise of such rights is provided for in this Agreement.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010- 2012 Page 58
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ARTICLE XIX
19.0 STRIKES & WORK STOPPAGES
19.1 Prohibited Conduct.
A. Any employee of the City who engages in any strike, sickout, or other
partial or total stoppage of work 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.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 59
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ARTICLE XX
20.0 LAYOFFS
20.1 It is the hope of the City not to separate any employee(s) from employment
because of a reduction in the work force or workweek during the term of this
Agreement. However, circumstances arising during this Agreement may
require such separation(s). In that event, the City shall provide reasonable
notice to CASA 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.
20.2 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 CASA
reasonable notice of the decision to contract out, shall meet with CASA
upon CASA's request over the impact of the decision to contract out and
shall consider reasonable alternatives provided by CASA.
20.3 If the City determines to contemporaneously replace employees covered by
this Agreement with contract workers to perform the same work under similar
circumstances, it shall expeditiously notify CASA of its intentions. Upon
request by CASA the City shall schedule meetings with CASA leadership to
discuss this objective and give CASA the opportunity to present information
before any final decision. The City and Association leadership agree to
commence meeting when practicable for a period not to exceed forty-five
days, unless mutually agreed to meet longer. At the end of the agreed upon
time and if the parties have not achieved satisfactory resolution, the issues
shall be resolved according to the City's Employer-Employee Relations
Resolution (Resolution No. 81-75 - Exhibit C of this MOU).
20.4 Notwithstanding Section 20.2 and/or Section 20.3 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 entitywith which the
City contracted for the applicable services.
20.5 The principles of seniority (length of service) shall govern layoffs as described
herein, except in the event that more than one 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
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010- 2012 Page 60
25E-62
nature. Any dispute over the application of the principles outlined in this
Article XX shall be subject to the grievance procedure.
A. Classification seniority is defined as length of service in the
classification, and shall begin on the first date worked by the
employee in that classification. Whenever a position within a
classification is to be eliminated, resulting in the layoff of an 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 a vacancy
exists and the classification is within the same job family/career ladder.
In that event, the employee's length of service in the next lower
classification shall be added to 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 as outlined in Article Number XXI
shall determine Job Family/Career Ladder for purposes of layoff. See
Article XXI, Section 21.3.A, Joint Labor Management Teams - Career
Ladder/Job Family.
20.6 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 shall be terminated upon the establishment of a new eligible
list for the classification or on the one hundred eightieth (180th) day following
the initial day of such temporary appointment, whichever occurs first.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page bl
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ARTICLE XXI
21.0 MISCELLANEOUS PROVISIONS
21.1 The City agrees to distribute Association membership pamphlets to
bargaining unit employees at the new employee orientation sessions
conducted by the City.
21.2 Catastrophic Leave Donation. In order to assist employees otherwise
granted leave of absence without pay by the City Manager because of a
catastrophic, non-industrial medical condition or injury, the City and
Association agree to implement a Catastrophic Leave Donation Program.
Nothing herein shall be construed to alter City policies and procedures as
provided in the Charter or ordinances of the City of Santa Ana or other
provisions of this 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.
5. All donations shall be irrevocable.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 62
25E-64
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:
a. His or her name, department name, and employee
number.
b. The number of hours of compensatory or vacation time of
the donation within the limitations of Section A,
subparagraph 3 above;
C. The name, department and employee number of the
recipient;
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010 - 2012 Page 63
25E-65
d. A statement indicating that the donor understands such
donation of time is irrevocable.
3. At the close of the donation period, the department shall verify
that each donating employee has accrued vacation and/or
compensatory time balances sufficient to cover the designated
donation.
4. The department shall submit all approved donation
authorizations for an eligible employee at one time for
processing. No donation authorizations for the eligible
employee will be processed after this period. However,
employees who receive donations under this procedure and
who exhaust all donated hours may request an additional
donation period subject to the provisions of Section A, herein.
5. The City shall add the donated time to the recipient's sick leave
account.
21.3 Joint Labor Management Teams. The City and CASA agree to form Joint
Labor Management teams for the purpose of exploring issues of mutual
concern. Each team shall be comprised of an equal number of labor and
management employees and shall be chaired by the Executive Director of
Personnel, or his or her designee. In no case shall the activity of a team
create a delay or hindrance to the ongoing operation of the City. The City
and CASA shall hold an initial meeting no sooner than one (1) month of
ratification of this Agreement and upon CASA's written request to meet to
determine team composition, frequency of meetings and meeting
schedules.
The teams to be formed are:
A. 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; and
B. Bilingual Pay: for the purpose of discussing primary and secondary
bilingual pay provisions.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 64
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ARTICLE XXII
22.0 SOLE & ENTIRE AGREEMENT
22.1 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 number 81-75 (Exhibit
C). 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 shall provide employees covered by this Agreement a copy of this
Agreement and its attachments, including a section containing the
Employer-Employee Relations Resolution of the City of Santa Ana.
22.2 Notwithstanding the foregoing, there exists within the City personnel rules and
regulations and departmental rules and regulations. These rules and
regulations shall be continued to the extent they do not contravene specific
provisions of this 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 CASA; provided, further, however, no provision of the rules and
regulations shall be changed to contravene specific provisions of this
Agreement.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010 - 2012 Page 65
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ARTICLE XXIII
23.0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT
23.1 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.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 66
25E-68
ARTICLE XXIV
24.0 EMERGENCY WAIVER PROVISION
24.1 In the event of circumstances beyond the control of the City, such as acts of
God, fire, flood, insurrection, civil disorder, national emergency, or similar
circumstances, provisions of this 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. CASA shall have the right to meet and confer with the City
regarding the impact on employees of the suspension of the provisions in the
Agreement during the course of the emergency.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MO U: 01 Q- 2012 Page 67
ARTICLE XXV
25.0 SEPARABILITY PROVISION
25.1 Should any provision of this Agreement be found to be inoperative, void, or
invalid by a court of competent jurisdiction, all other provisions of this
Agreement shall remain in full force and effect for the duration of this
Agreement, provided that if any such affected provisions invalidate or void
any benefits of employees covered hereunder, the parties shall forthwith
commence negotiations to replace the invalidated benefits with benefits of
comparable value.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) At 01~ 2012 Page 68
ARTICLE XXVI
26.0 TERM OF AGREEMENT
26.1 The term of this Agreement shall be from July 1, 2010 to June 30, 2012.
26.2 If this Agreement is not replaced by a new mutually-agreed upon
Agreement between the City of Santa Ana and CASA before June 30, 2012,
then it is agreed that all provisions of this MOU shall remain in effect until
mutual agreement is reached on a new Memorandum of Understanding.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 69
25E-71
ARTICLE XXVII
27.0 RATIFICATION & EXECUTION
27.1 The City and CASA have reached an understanding as to certain
recommendations to be made to the City Council for the City of Santa Ana
and have agreed that the parties hereto will jointly urge said Council to
adopt a new wage and salary resolution which will provide for the changes
contained in said joint recommendations. The City and CASA acknowledge
that this Agreement shall not be in full force and effect until ratified by the
membership of CASA and adopted by the City Council of the City of Santa
Ana. Subject to the foregoing, this Agreement is hereby executed by the
authorized representatives of the City and CASA and entered into this 20th
day of September, 2010.
CITY OF SANTA ANA, a Municipal
Corporation of the State of California
Dated: By:
Mayor
Dated: By:
City Manager
Dated: By:
Executive Director,
Personnel Services
ATTEST:
Maria D. Huizar,
Clerk of the Council
APPROVED AS TO FORM:
Joseph Straka,
Assistant City Attorney
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010- 2012 Page 70
25E-72
This Agreement has been ratified by the membership of the Confidential
Association of Santa Ana (CASA).
Dated:
CASA:
By:
Anita R. Queen, Kathleen Crook,
CASA President CASA Vice President
Waldo Barela, Debbie Lampman,
CASA Chief Negotiator CASA Negotiations Team
Jeannette Palma, William Navaja,
CASA Negotiations Team CASA Negotiations Team
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 71
25E-73
CASA 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 full-time employees in CASA classifications. The
salary rate ranges are identified by a three digit number, and salary steps are identified by letters
AA, A to E inclusive. For CASA employees covered by this Agreement, the purpose of each step and
the length of service required for advancement within the rate range are summarized as follows:
Purpose:
AA Step - Normal beginning pay 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:
AA to A - After six months' 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 rate 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 salary rate range
number locates the "AA" step of the range, which is the first of the 6 steps. Steps ' A," "B", "C", "D",
and "E" are found in the column directly below the "AA" step. For example, the "AA" step of Salary
Rate Range No. 401 is found to be $1476 by moving down the left column to the number 40 (the first
two digits of the Salary Rate Range No.), then horizontally to column 1 (the third digit of the Salary
Rate Range No.). The "AA" step of $1476 has the remaining steps shown directly beneath it; thus the
full, six-step range is 1476-1549-1627-1708-1793-1883. In the same manner, Salary Rate Range No. 455
is found to be 1921-2017-2118-2223-2334-2451.
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
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) _M8ifOll - 2012 Page 72
CASA BASIC SALARY & WAGE SCHEDULE EXHIBIT A
(Salary Schedule Matrix Continued) Page 2 of 2
49 2277 2288 2299 2311 2322 2334 2346 2357 2369 2381
50 2391 2402 2414 2427 2439 2451 2463 2475 2488 2500
51 2511 2523 2536 2548 2561 2574 2587 2600 2613 2626
52 2637 2650 2663 2676 2690 2703 2717 2730 2744 2758
53 2769 2782 2796 2810 2824 2838 2853 2867 2881 2896
54 2907 2921 2936 2950 2965 2980 2995 3010 3025 3040
55 3052 3067 3082 3098 3113 3129 3144 3160 3176 3192
56 3205 3221 3237 3253 3269 3285 3302 3318 3335 3352
57 3365 3381 3398 3415 3432 3449 3467 3484 3501 3519
58 3533 3550 3568 3586 3604 3622 3640 3658 3676 3695
59 3710 3728 3747 3765 3784 3803 3822 3841 3861 3880
60 3896 3915 3935 3954 3974 3994 4014 4034 4054 4074
61 4091 4111 4132 4152 4173 4194 4215 4236 4257 4278
62 4296 4317 4339 4360 4382 4404 4426 4448 4470 4493
63 4511 4533 4556 4579 4601 4624 4648 4671 4694 4718
64 4741 4764 4787 4810 4834 4858 4882 4906 4930 4954
65 4978 5002 5026 5051 5076 5101 5126 5151 5176 5201
66 5226 5252 5278 5304 5330 5356 5382 5408 5434 5461
67 5488 5515 5542 5569 5596 5623 5650 5678 5706 5734
68 5762 5790 5818 5847 5876 5905 5934 5963 5992 6021
69 6050 6080 6110 6140 6170 6200 6230 6260 6291 6322
70 6353 6384 6416 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
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 73
25E-75
EXHIBIT B
CONFIDENTIAL ASSOCIATION OF SANTA ANA
FOR FISCAL YEARS JULY 1, 2010 THROUGH JUNE 30, 2012
ASSIGNMENT OF CLASSIFICATIONS TO SALARY RATE RANGE
Assigned 6-Step
Salary Rate Range
Number as of:
7/1/2010
JOB TITLE RANGE NO.
BUDGET ANALYST 655
COUNCIL SERVICES SECRETARY 576
EXECUTIVE ASSISTANT 632
EXECUTIVE SECRETARY TO THE POLICE CHIEF 607
LEGAL OFFICE ASSISTANT 531
LEGAL SECRETARY 575
LIABILITY CLAIMS COORDINATOR 690
LIABILITY CLAIMS PROCESSOR 580
LOSS CONTROL ANALYST 650
LOSS CONTROL OFFICE SPECIALIST 580
LOSS CONTROL TECHNICIAN 629
MANAGEMENT AIDE 629
MANAGEMENT ANALYST 655
MANAGEMENT ASSISTANT (EXEMPT) 655
OUTREACH PROGRAM COORDINATOR 684
PARALEGAL (EXEMPT) 610
PAYROLL SYSTEMS ANALYST 695
PAYROLL TECHNICIAN 609
PERSONNEL ANALYST 650
PERSONNEL EXECUTIVE SECRETARY 597
PERSONNEL SECRETARY 576
PERSONNEL SERVICES RECEPTIONIST 558
PERSONNEL SERVICES SPECIALIST 568
PERSONNEL TECHNICIAN 609
POLICE PERSONNEL SERVICES SPECIALIST 589
SECRETARY TO THE CITY MANAGER 653
SENIOR BUDGET ANALYST 684
SENIOR LEGAL MANAGEMENT ASSISTANT (EXEMPT) 684
SENIOR LEGAL OFFICE ASSISTANT 558
SENIOR LEGAL SECRETARY 597
SENIOR MANAGEMENT ANALYST 684
SENIOR MANAGEMENT ASSISTANT (EXEMPT) 684
SENIOR PARALEGAL (EXEMPT) 650
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010 - 2012 Page 74
25E-76
EXHIBIT B (CONTINUED)
CONFIDENTIAL ASSOCIATION OF SANTA ANA
FOR FISCAL YEARS JULY 1, 2010 THROUGH JUNE 30, 2014
ASSIGNMENT OF CLASSIFICATIONS TO SALARY RATE RANGE
SENIOR PAYROLL TECHNICIAN 629
SENIOR PERSONNEL ANALYST 694
SENIOR PERSONNEL RECEPTIONIST 576
SENIOR PERSONNEL SERVICES SPECIALIST 589
SENIOR PERSONNEL TECHNICIAN 629
SENIOR WORKERS' COMPENSATION CLAIMS ASSISTANT 604
SENIOR WORKERS' COMPENSATION CLAIMS EXAMINER 669
TRAINING COORDINATOR 694
WORKERS' COMPENSATION CLAIMS ASSISTANT 580
WORKERS' COMPENSATION CLAIMS EXAMINER 639
(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 1 1 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.
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EXHIBIT C (Continued)
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 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
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EXHIBIT C (Continued)
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.
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 1 1 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
1 1 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.
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EXHIBIT C (Continued)
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 Recognition
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.
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EXHIBIT C (Continued)
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.
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.
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EXHIBIT C (Continued)
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.
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
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EXHIBIT C (Continued)
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 Recognized 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
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EXHIBIT C (Continued)
employees or employee organization may appeal such determination in accordance with Section
13 of this Resolution.
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: Policv 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.
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EXHIBIT C (Continued)
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
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 1 1 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
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EXHIBIT C (Continued)
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 Recognized 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.
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;
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EXHIBIT C (Continued)
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 some 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 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
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EXHIBIT C (Continued)
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 18th day of May, 1981, by the following
vote:
AYES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrat
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 87
25E-89
EXHIBIT "D"
9/80 HARDSHIP CLAIM
Name:
Division/Section:
Position:
Work Telephone Number:
Supervisor Name and Telephone:
Work Hours:
Proposed Work Hours:
Basis for Hardship Claim:
Options explored by employee to resolve the hardship:
Employee's proposed solution:
Supervisor's needs/concerns/comments:
Hardship Committee Recommendation to Department Head:
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2012 Page 88
25E-90
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
25F-2
2010 - 2013
MEMORANDUM
OF
UNDERSTANDING
CITY OF SANTA ANA
AND
SANTA ANA CITY EMPLOYEES, CHAPTER 1939/
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721
1
25F-3
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
2
25F-4
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
3
25F-5
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
4
25F-6
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.
5
25F-7
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.
6
25F-8
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.
7
25F-9
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.
8
25F-10
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.
9
25F-11
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
10
25F-12
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.
11
25F-13
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
12
25F-14
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"
13
25F-15
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
14
25F-16
(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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25F-106
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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25F-108
REQUEST FOR
COUNCIL ACTION
0
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
SEPTEMBER 20, 2010
TITLE: APPROVED
0 As Recommended
AGREEMENT WITH THE FIRE O OrAmended
MANAGEMENT ASSOCIATION O Ordinance on ~ Reading
0 Ordinance on 2"d Reading
0 Implementing Resolution
0 Set Public Hearing For
21 , 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 Fire Management Association regarding wages and other terms
and conditions of employment.
DISCUSSION
The City and the Fire Management Association (FMA) recently completed contract negotiations
resulting in a four-year contract extension to the FY 2004-10 Memorandum of Understanding
(MOU). The extension period covers July 1, 2010 through June 30, 2014_
The provisions of this extended agreement are as follows:
1) Salary: 7/01/10 - 6/30/11 = 0%
7/01/11 - 6/30/12 = 3%
7/01/12 - 6/30/13 = 3.5%
7/01/13 - 6/30/14 = 0%
2) Payment toward 3% at 50 Service Retirement Benefit: "Safety" employees shall begin
contributing an additional amount toward the City's "employer" rate as follows:
• January 1, 2012 = additional _50% for a total of 1.43%
• January 1, 2013 = additional 1.0% for a total of 2.43%
• January 1, 2014 = additional 1.0% for a total of 3.43%
3) Retirement Reopener: If the employer contribution rate for a fiscal year meets or exceeds
25%, then the provisions of Article 14.6."Payment of 3% @ 50 Service Retirement Benefit"
shall be reopened at the request of the City.
25G-1
Agreement with the Fire Management Association
September 20, 2010
Page 2
4) Pay for Performance: Eliminate 7.5% "pay-for-performance" for Deputy Chief and
Administrative Chief/Fire Marshal starting in FY 2010-11. Add 2.5% to the salary
schedule, respectively, for FY 2012-13 and FY 2013-14 for a total of 5%.
FISCAL IMPACT
There is a $102,400 savings to the City for deferral of salary increases and elimination of "pay-
for-performance"- There are additional ongoing savings of $26,834 per year for increased PERS
contributions and elimination of pay-for-performance.
APPROVED AS TO FUNDS
AND ACCOUNTS:
Kathie S. Gonzalez Francisco Gutierrez
Executive Director Executive Director
Personnel Services Agency Finance & Management Services Agency
25G-2
T-W9FOUR--YEAR CONTRACT EXTENSION TO
THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SANTA ANA
and
THE SANTA ANA FIRE MANAGEMENT ASSOCIATION
FOR FISCAL YEARS 2010-11 AND 201 4 2 through 2013-14
The City of Santa Ana (CITY) and the Santa Ana Fire Management Association
(SAFMA) have met and agreed to emend extend the 2004-10 Memorandum of
Understanding (MOU) between the CITY and SAFMA, for two-(,2)four (4) additional
years. The existing initial MOU provisions, and the provisions outlined in the two-
year Contract Extension for Fiscal Years 2008-09 and 2009-10 shall remain
unchanged and in effect unless addressed modified by this contract extension. The
new expiration date of the MOU shall be June 30, 2012 14, and the MOU shall be
amended as follows:
AMENDED ARTICLE IV (new language in bold italics; deleted provisions lined out)
4.1 Basic Compensation Plan. There is hereby established a basic compensation plan for
all members of the Santa Ana Fire Management Association who are now employed or
will in the future be employed in any of the designated classifications of employment
listed in this Agreement and its attachments.
This plan includes two groups of classification titles, Fire Management Group A (the
sworn CalPERS "Safety" class of Deputy Fire Chief and the non-sworn CalPERS
"Miscellaneous" class of Administrative Chief/Fire Marshal*), and Fire Management
Group B (the sworn CalPERS "Safety" class of Fire Battalion Chief and the non-sworn
CalPERS "Miscellaneous" class of Fire Communications Manager).
* The current incumbent is designated as "safety" for retirement purposes.
4.2 Schedules of Salaries.
A. Two separate schedules of salary rate ranges, one for classes of employment
designated as represented Fire Management Group A (Deputy Fire Chief and
Administrative Chief/Fire Marshal), and one for classes of employment
designated as represented Fire Management Group B (Fire Battalion Chief and
Fire Communications Manager) are attached hereto in matrix format and made a
part hereof as though set forth in full herein. The schedules for represented
FMA Contract Extension: 2010-2014 Page 1
25G-3
Fire Management Group A classes and represented Fire Management Group B
classes are listed as follows:
Category of Employment Salary Schedule No.
Fire Management Group A FMA Group A-1
(classes allocated to 4-5 17 step FMA Group A-2
salary rate ranges)
Fire Management Group B FMA Group B
(classes allocated to 5-step
salary rate ranges)
B. , The
basic salary schedules for "Fire Management Group A" (titled "FMA Group A-1
and A-2, respectively) ees contain numerous salary rate ranges, each range
comprised of fifteen (15) seventeen (17) separate rates of pay shown in monthly
amounts. The respective salary rate ranges are identified by a two-digit
number preceded by the capital letters "FM" or "FMFM", respectively. The
separate rates of pay or steps within each salary rate range are identified by the
numbers "1" through 45" "17" inclusive, with Step "1" being the lowest or
minimum of the range, Step "8" the middle or midpoint rate of the range, and
Step 45" "17" being the highest or maximum rate. The purpose of each step and
criteria for advancement are set forth in Subsection 4.7(A) below.
C. The basic salary schedule for "Fire Management Group B" (titled "FMA Group B")
contains numerous salary rate ranges, designated by the letter "M" and a three-
digit rate range number. These rate ranges are comprised of five (5) steps or
rates of pay shown in monthly amounts, identified by the letters "A" through "E"
inclusive, with Step "A" being the lowest step in the range. The purpose of each
step and criteria for advancement to the next higher step within a particular
salary rate range are set forth in Salary Schedule No. FMA Group B (attached)
and in Subsection 4.7(B) below.
4.3 Salary Adjustments.
EffeetiYe July 1, 2009, the base salary ef empleyees eeYered by this Agreement
o
she!! be ine, eased by eight (8) salary rate ranges (appreximetely Effective July 1, 2009, there shall be no salary increase for employees covered
by this Agreement.
FMA Contract Extension: 2010-2014 Page 2
25G-4
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 2.7%
at 55 retirement benefit. To the extent permitted by CalPERS and Internal
Revenue Service regulations, this additional 2.3% contribution shall be implemented
through payroll deduction on a pre-tax basis.
EffeetiYe January 1, 2010, the base salary ef empleyees eeYered by this Agreement
o
shall be ine, eased by f We (5) salary rate ranges (appreximetely Effective January 1, 2010, there shall be no salary increase for employees
covered by this Agreement.
Effeetive July 1, 2010, the base salary of employees eevered by this
Agreement shall be inereased by approximately 4%.
Effective Aly 1, 2010, there shall be no salary increase for employees covered
by this Agreement.
Effeetive January 1, 2011, the base salary of employees eevered by this
Agreement shall be inereased by approximately 2.6%.
Effective Tanuary 1, 2011, there shall be no salary increase for employees
covered by this Agreement.
Effective July 1, 2011, there shall be me so! se for employees eevered
by this Agreement. the base salary of employees covered by this Agreement
shall be increased by six (6) salary rate ranges (approximately 3%).
Effective January 1, 2012, there shall be no salary increase for employees
covered by this Agreement.
Effective Aly 1, 2012, the base salary of employees covered by this
Agreement shall be increased by seven (7) salary rate ranges (approximately
3.5%).
Effective Aly 1, 2013 through Tune 30, 2014, there shall be no salary
increase for employees covered by this Agreement.
Should any other bargaining unit receive a salary or benefit increase of greater
value than the combined value of that set forth above (4% 3% and 2-.4%3.5flo,
respeetivel during the term of this Agreement, the SAFMA shall be granted
the value of that additional salary or benefit. equivalent value as w
4.5 Beginning Rates.
FMA Contract Extension: 2010-2014 Page 3
25G-5
A. Fire Management Group A Classes. An employee appointed to a Fire Management
Group A class (Deputy Fire Chief or Administrative Chief/Fire Marshal) shall be
compensated at any rate within the lower third of the X17--step salary rate
range ("Steps "1" through 5" 16') for their job classification as authorized by the
Fire Chief. When economic conditions, unusual employment conditions, or
exceptional qualifications of a candidate for employment indicate a higher rate
would be in the City's best interest, the City Manager may authorize hiring at a
higher rate in the salary rate range,
Feint up to and including Step 15.
4.7 Advancement Within Ranges.
A.
hereby established a perfermenee based eyelustien system fer empleye'e-6
empleyed in Fire Management Greup A elesses eeyered by this Agreement
(Deputy Fire Chief and Fire Marshal), the preyisiens ef whieh are set ferth
herein bole
te help attreet, retain and metiyete highly eempetent managers an
a. Subjeet te the appreyel ef the City Manager, the Fire Chief is hereby
eutherized salary rate ranges, as geyerned by the P-1-1-116 ef
b. The City Manager shall establish perfermenee eriteris and appr
guidelines te be utilized by the Fire Chief in setting indiyi
e. After the salary ef an emp! ited te a Fire Management Greup-A
eless has been first este li- plan, salary
adyaneement threugh the remaining steps ef the fifteen (15) step selerNA
rate range shall be based en the results ef an annual perferme
eyeluet*
FMA Contract Extension: 2010-2014 Page 4
25G-6
3.
the fellew* ants:
/
Fire Management Greup A eless. A relatiye weight will be assigned te
ebjeetiye listed with a minimum weight ef ten pereent 0
0
preblem / judgment, deeisien making and planning and ergenize4e-n-,
management / leadership, management, teehnies! / stress, handling ef
ete.
her suberdinete Fire Management Greup A empleyees te determine their
/ any,
immediately fell i ~h indiyidual Fire Management Greup -A
peried preeeding that date. Additienally, at least ene (1) infermal mid-
year pr -0 . ew sheM be held between the Fire Chief and eseh ef*~s
and expeetatiens by a wide
FMA Contract Extension: 2010-2014 Page 5
25G-7
and e ""I" "",/"""I
Meets Expe-c-tatiens:
Meets ebjeetiyes and requirements.
Fails te meet seme ebjeetiyes and requirements.
5. Per~R Ese t Fire Management Greup A
payment based en a pereentage ef eurrent annual rate ef base salary, e
g
either step inereases er ene time menetery payment er a eembinatien-4
in 1 V 1 V
pereent (2.5%) ef eurrent annual rate ef base salary er adyaneement-4
ene step (2.5%) within the salary rate range,
FMA Contract Extension: 2010-2014 Page 6
25G-8
being paid at a step higher then th rate ef the salary
the Fire Chief and the appreyel ef the City Manage+-
range, then the entire perfe . iresse must be awarded the
ii. Any ene time menetery ineentiYe payment granted under this plan is
net an ineresse in base salary and ne salary rate range appliesbie te any
Fire Management Greup A empieyee eeyered by this Agreement she!!
Manager.
W. The City Manager she!! be respensible fer the deyelepment and
she!! define hew perf ermenee ebjeetiYes, measures and standards are
hew perfermenee eempenent ratings and eempesite ratings will be-
A. fire Management Group A Classes: The following provisions shall govern
salary advancement within rate ranges for employees employed in fire
Management Group A classes (Deputy fire Chief and Administrative
Chief/fire Marshal):
FMA Contract Extension: 2010-2014 Page 7
25G-9
1) for any employee in a fire Management Group A classification covered
by this Agreement who has been initially appointed to a step lower than
Step 717' advancement to the next higher step in the FMA Group A-1
and A-2 schedules of salary rate ranges may be granted only for
continued satisfactory and efficient service by said employee in the
effective performance of the duties of his or her position. Such
advancement shall be in two-step increments, each step being equivalent
to approximately 2.5% for a total annual increase of approximately 5%
per year. For example, an employee covered by this Agreement shall
advance from Step 1 to Step 3, Step 3 to Step 5, Step 5 to Step 7,
Step 7 to Step 9, Step 9 to Step 11, Step 11 to Step 13, Step 13 to
Step 15, or Step 15 to Step 17 (the top step in the salary rate range),
respectively. This two-step advancement shall be granted for continued
satisfactory and efficient service by said employee in the effective
performance of the duties of his or her position. The effective date of
such step increase, if granted, shall be the first (1St) day of the month
following the completion of one (1) year of service at the step from
which said employee is being advanced.
2) During the term of this Agreement, a Fire Management Group A
employee who has not yet reached Step 15 of the FMA Group A-1 or
A-2 schedules of salary rate ranges shall continue to progress through
the salary rate range at the rate of two (2) steps per year
(approximately 5%), until Step 17 is achieved.
3) for the period of fiscal Years 2010-11 and 2011-12, no fire
Management Group A employee shall advance further than Step 15 of
the salary rate range.
4) Effective in Aly 1, 2012, each fire Management Group A employee who
has already reached Step 15 shall receive a one (1) step salary increase
(approximately 2.5%). Said employee shall then be at Step 16 of his or
her salary rate range.
5) Effective Aly 1, 2013, each fire Management Group A employee who
has already reached Step 16 shall receive a one (1) step salary increase
(approximately 2.5%). Said employee shall then be at Step 17 of his
or her salary rate range.
FMA Contract Extension: 2010-2014 Page 8
25G-10
Such merit advancement shall require the following:
a) There shall be on file in the office of the Executive Director of
Personnel Services a copy of each periodic performance appraisal
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.
b) The Fire Chief, at least twenty (20) calendar days prior to the
anticipated completion of such employee's required length of service,
shall file with the City Manager a statement recommending the
granting or denial of the merit step increase and supporting such a
recommendation with specific reasons therefore. The employee shall
be notified by the fire Chief as to such recommendations and shall
be informed of the reasons.
c) No advancement in salary shall become effective until approved by
the City Manager, except when placement on a salary step above
Step "I" results from promotion under the provisions of Section 4.8
of this Article.
d) 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 (1St) day of the month following the
completion of the required length of service.
6) When an employee in a fire Management Group A classification has not
been approved for advancement to the next higher salary step, he or
she may be reconsidered for such advancement after the completion of
three (3) months of additional continued service in the classification
and, if necessary, shall be reconsidered for advancement to the next
higher step above his or her then current step after the completion of
six (6) months of additional continued service in the classification.
7) An employee in a fire Management Group A classification who is being
paid at any salary step above Step "I" may be reduced to the next
FMA Contract Extension: 2010-2014 Page 9
25G-11
lower step in the appropriate salary rate range upon the recommendation
of the fire Chief and the approval of the City Manager. Procedure for
such reduction shall follow the same procedure for merit advancement in
Subsection 4.7 Paragraph (A) (1) above, and such officer or employee
may be considered for readvancetnent under the same provisions as
contained in Subsection 4.7, Paragraph (A) (7) above.
B. Fire Management Group B Classes: The following requistien-s provisions shall
govern salary advancement within rate ranges for employees employed in Fire
Management Group B classes (Fire Battalion Chief and Fire Communications
Manager):
1. For any employee in a Fire Management Group B classification covered by this
Agreement who has been initially appointed to a step lower than Step "E,"
advancement to the next higher step (Step "B" from Step "A" or Step "C"
from Step "B," etc.) may be granted only for continued satisfactory and
efficient service by said employee in the effective performance of the duties
of his or her position. The effective date of such step increase, if granted,
shall be the first day of the month following the completion of one year of
service at the step from which said employee is being advanced.
Such merit advancement shall require the following:
a) There shall be on file in the Office of the Executive Director of
Personnel Services a copy of each periodic performance
repert appraisal 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.
b) The Fire Chief, at least twenty (20) calendar days prior to the
anticipated completion of such employee's required length of service,
shall file with the City Manager a statement recommending the granting
or denial of the merit increase and supporting such a recommendation
with specific reasons therefore. The employee shall be notified by the
Fire Chief as to such recommendations and shall be informed of the
reasons.
FMA Contract Extension: 2010-2014 Page 10
25G-12
c) No advancement in salary abeye Step " shall become effective until
approved by the City Manager, except when placement on a salary step
above Step "A" results from promotion under the provisions of Section
4.8 of this Agreement.
d) 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 (1St) day of the month following the
completion of the required length of service.
2. When any employee in a Fire Management Group B classification has
not been approved for advancement to the next higher salary step, he or she
may be reconsidered for such advancement after the completion of three (3)
months of additional continued service in the classification and, if
necessary, shall be reconsidered for advancement to the next higher step
above his or her then current step after the completion of six (6) months of
additional continued service in the classification.
3. AAy An employee in a Fire Management Group B classification who is being
paid at any salary step above Step "A" may be reduced to the next lower
step in the appropriate salary rate range upon the recommendation of the
Fire Chief and the approval of the City Manager. Procedure for such
reduction shall follow the same procedure for merit advancement in
Subsection 4.7 Paragraph (13)(1) above, and such officer or employee may be
considered for readvancement under the same provisions as contained in
Subsection 4.7, Paragraph (13)(2) above.
AMENDED ARTICLE VIII (new language in bold; deleted provisions lined out)
8.2 Shift Replacement Pay/Special Assignment Pay for Fire Battalion Chiefs.
D. Effective July 1, 2009, each Fire Battalion Chief assigned to Suppression
agrees to place one (1) extra twenty-four (24) hour shift worked into a
leave time bank. The employee shall not take off this twenty-four (24)
hour shift during Fiscal Year 2009-10. Effective July 1, 2010, the
twenty-four (24) hour shift may be taken off.
AMENDED ARTICLE IX (new language in bold; deleted provisions lined out)
FMA Contract Extension: 2010-2014 Page 11
25G-13
9.3 Cash Option. Employees covered by this Agreement will be given an option once per
calendar year to receive cash compensation computed on a straight time basis in lieu
of all or part of their holiday leave benefits set forth in Section 9.2 above.
Such cash option may be eliminated or modified at the discretion of the Fire
Department to the extent necessary to service the best interests of the
department, to the extent it represents additional costs to the City, or to the extent
it is construed as overtime under Department of Labor Guidelines implementing
provisions of the Fair Labor Standards Act.
Effective July 1, 2009, all employees covered by this Agreement shall defer for
the duration of Fiscal Year 2009-10 the employee's ability to cash out holiday
leave time. The ability to cash out holiday leave time shall be re-instated July
1, 2010. Such deferral shall not affect an employee's ability to be compensated
for the accumulated holiday leave time upon separation from employment with
the City, not to exceed a maximum of 288 hours for employees assigned to the
twenty-four (24) hour work shift schedule, or 192 hours for employees assigned
to a forty (40) hour work week schedule.
Effective July 1, 2010, employees choosing to cash out their holiday time may
do so to a maximum value of 1.33 x 96 hours, or 128 hours for employees
assigned to a forty (40) hour work week schedule, or 1.33 x 144 hours, or 192
hours for employees assigned to a twenty-four (24) hour work shift schedule.
AMENDED ARTICLE X (new language in bold; deleted provisions lined out)
10.2 Regular Vacation Period.
C. Computing Regular Vacation.
2. No employee may carry over from one calendar year to the next, more than
the equivalent of twe- (2) three (3) regular vacation periods from the
previous two (2) years.
feted- A regular vacation period is defined as the maximum amount of
vacation earned in a calendar year as provided in Subsection A above.
10.4 Limitation on Vacation. With the exception of a retiring employee, no employee is
granted, and no employee shall be allowed to take, any vacation leave with pay in
excess of fifty (50) working days in any one year by combination of the vacations
granted in this Agreement. Further, no employee may carry over from calendar
year to the next more than the equivalent of twe-(2) three (3) longevity vacation
periods and the equivalent of twe-(2) three (3) regular vacation periods from the
previous two (2) years. and yeestien net taken beyend that siffieunt is .
FMA Contract Extension: 2010-2014 Page 12
25G-14
Theref ere, the maximum yeestien that an eight (8) heur empleyee with less the
(6) ye-1 - Geuld seeumulate is thirty (3) werking days (240 heurs) and enly-en
eight (8) heur empleyee with mere then twenty (20) years --Uld Garry e
and take the eutherized maximum ef f if ty (5) werking days (400 heurs) in any ene
yeef"
10.6 Vacation Pay Options. Once each fiseel calendar year, all employees covered by this
Agreement shall be given the option to receive cash compensation, computed on a
straight-time basis, in lieu of up to five (5) working days of earned, unused vacation
leave benefits set forth in this Article. Effective January 1, 2009, employees
covered by this Agreement may cash out up to a total of 10 working days of earned,
unused vacation leave benefits (including management vacation leave) set forth in
this Article.
Effective July 1, 2009, all employees covered by this Agreement shall defer
for the duration of Fiscal Year 2009-10 an employee's ability to cash out
vacation leave time. The ability to cash out vacation leave time shall be re-
instated July 1, 2010. Such deferral shall not affect an employee's ability to
be compensated for the accumulated vacation leave time upon separation from
employment with the City.
Effective July 1, 2010, employees choosing to cash out their vacation leave
time may do so to a maximum value of 1.33 x 120 hours, or 160 hours per
year for employees assigned to the twenty-four (24) hour work shift schedule,
or 1.33 x 80 hours, or 106 hours for employees assigned to a forty (40) hour
work week schedule. This cap on annual cash out of regular vacation shall not
affect an employee's ability to be compensated for accumulated regular
vacation leave time upon separation from employment with the City.
10.7 Management Vacation Benefit. Employees covered by this Agreement will be
granted an additional five (5) working days [five (5), eight (8)-hour days for forty
(40) hour employees and five (5), twelve (12) hour days for shift employees] per
calendar year over the regular and longevity vacation schedule applicable to
represented non-management employees of the City subject to a maximum accrual
of twenty f We (25) thirty (30) days of such additional five (5) days per year.
AMENDED ARTICLE XIV (new language in bold italics; deleted provisions lined out)
14.6 Payment of 3% at 50 Service Retirement Benefit. The City has reeeiyed an
setuarial Yelustien dated Mereh 3, 2000 f rem CeIPERS inferming the parties that a
eest analysis te amend the City's eentreet te preyide this benefit te eurrent
o
FMA Contract Extension: 2010-2014 Page 13
25G-15
psyrell fer this unit. in erder te preyide this benefit te its eurrent "safety!!
T #The City and the Association agree that eligible employees w44 shall pay
.93%
of the Citys employer contribution to CaIPERS. Additionally, -Dduring the term
of this Agreement, the City and Association agree to the following:
Effective Tanuary 1, 2012, the employee contribution shall be increased by
.50% for a total contribution of 1.43%.
Effective Tanuary 1, 2013, the employee contribution shall be increased by
1.0% for a total contribution of 2.43%.
Effective Tanuary 1, 2014, the employee contribution shall be increased by
1.0% for a total contribution of 3.43%.
Effective Aly 1, 2014, employees covered by this Agreement shall not
contribute more toward the 3% at 50 retirement benefit than members of
the firemen's Benevolent Association (FBA).
14.7 Yearly Actuarial Valuation Fluctuations. CalPERS provides the City with a yearly
actuarial valuation informing it of its new employer contribution rate to be in effect
July 1St of each year. The City and Association agree that the City's employer
contribution rate will fluctuate from year to year based on the investment returns
earned by the retirement system. The City agrees that current eligible "safety"
employees paying to receive this benefit should also benefit from this yearly
fluctuation in the City's annual actuarial valuation. As sueh, eurrent eligible "
°
° Agreement. during the term ef this Should the Citys employer
contribution rate meet or exceed 25% during the term of this Agreement, the
City and Association agree to a reopener of this section, but there shall be no
changes without the mutual written agreement of the parties.
AMENDED ARTICLE XXVI (new language in bold italics; deleted provisions lined out)
26.1 The term of this Agreement shall be from July 1, 2004 through June 30, 24919 2012
2014.
ARTICLE XXVII
27.0 RATIFICATION AND EXECUTION
27.1 The City and Association have reached an understanding as to certain
recommendations to be made to the City Council for the City of Santa Ana and have
agreed that the parties hereto will jointly urge said Council to adopt a new wage and
salary resolution which will provide for the changes contained in said joint
FMA Contract Extension: 2010-2014 Page 14
25G-16
recommendations. The City and the Association acknowledge that this Agreement
shall not be in full force and effect until ratified by the membership of the
Association and adopted by the City Council of the City of Santa Ana. Subject to
the foregoing, this Agreement is hereby executed by the authorized
representatives of the City and Association and entered into this e 20th dory of
June 7009 September 2010.
CITY OF SANTA ANA, a
Municipal Corporation of the
State of California
Dated: By:
MAYOR
Dated: By:
CITY MANAGER
Dated: By:
EXECUTIVE DIRECTOR
PERSONNEL SERVICES
ATTEST: APPROVED AS TO FORM:
CLERK OF THE COUNCIL CITY ATTORNEY
This Agreement has been ratified by the membership of the Santa Ana Fire Management
Association.
Dated:
SANTA ANA FIRE MANAGEMENT ASSOCIATION
By:
RANDY BLACK, PRESIDENT
FMA Contract Extension: 2010-2014 Page 15
25G-17
25G-18
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
SEPTEMBER 20, 2010
TITLE: APPROVED
? As Recommended
ORDINANCE AMENDMENT 2010 TO AMEND ? As Amended
CHAPTER 11 OF THE DANCE ORDINANCE AND El Ordinance on 1s` Reading
? Ordinance on 2nd Reading
ESTABLISHING A FEE FOR COST OF ? Implementing Resolution
EXTRAORDINARY POLICE DEPARTMENT ? Set Public Hearing For
SERVICES
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Adopt an ordinance amending Chapter 11 of the Santa Ana Municipal Code related to dance
permits and implementing the cost recovery fee for extraordinary policy services.
DISCUSSION
The Police Department, in conjunction with Downtown property owners and businesses,
embarked on a review of the City's public dance regulations in an effort to attract new
businesses, visitors and residents to the Downtown. The result is the provision of a new dance
permit that addresses the unique nature of many of the older, historic properties in the Downtown
and which allows for public dancing as an ancillary use. The boundaries pertaining to this
modification are the same as those in the new Transit Zoning Code designated as Downtown
(DT) Zone and Urban Center (UC) Zone (Exhibit 1).
In addition to the Downtown modifications, the proposed Ordinance Amendment codifies existing
operational standards and deleted outdated requirements pertaining to all dance permits
citywide. Further, the Ordinance enacts a new fee for police services associated with dance
permits. The amount of the fee was established with the adoption of the 2010-11 budget, subject
to adoption of the proposed Ordinance Amendment. Dance permit data collected over time has
revealed that police calls for service for establishments with dance permits can be much higher
when compared to other establishments (see Exhibit 2). To assist the City in recapturing these
costs, a $500 bi-annual cost recovery fee is proposed. The fee is based on the average number
of hours required to police dance establishments. Further, the permit licensee will be billed for
additional costs if there is a 50% increase in police related calls to the establishment. A formal
review of the permit will also be triggered, and the Chief of Police may further condition the
permit, suspend or revoke the permit.
5OA-1
Dance Ordinance Amendment and Fee
September 20, 2010
Page 2
FISCAL IMPACT
The cost recovery base fee ($6,000 based on the current number of dance permits issued) and
any subsequent recapture fees will be deposited into the General Fund (01114002-50045).
Dance Ordinance Amendment 2010 proposes modifications to public dance permit requirements
that may encourage additional locations to obtain a permit, which may increase those amounts.
APPROVED AS TO FUNDS AND ACCOUNTS:
Paul M. Walter Francisco Gutierrez
of Police Executive Director
Police Department Finance & Management Services Agency
PMW/CJN//mlr
Exhibits: 1. DT Zone and UC Zone Map
2. Dance Establishment Cost Recovery Fee Memo
5OA-2
DRAFT
(RH/JF 08/31/10)
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING CHAPTER 11 OF
THE SANTA ANA MUNICIPAL CODE RELATED TO
DANCE PERMITS AND IMPLEMENTING THE
SANTA ANA POLICE DEPARTMENT PUBLIC
DANCING ESTABLISHMENT COST RECOVERY
FEE FOR EXTRAORDINARY POLICE SERVICES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares as follows:
A. The Police Department is currently updating the public dance
regulations. The Department recognizes the unique entertainment
venues within the City serve to provide a rich and diverse cultural
experience for individuals and visitors to the City.
B. The proposed revisions will add operational standards such as
minimum lighting and security guards while deleting outdated
requirements, such as patron registration. Also proposed is a pilot
program to allow establishments that cannot meet the current
location standards to obtain a permit. The municipal code currently
requires public dance places to have a minimum size kitchen facility
and dance floor area, a minimum number of seating locations and
must meet the State definition of a "bona fide eating establishment".
It appears a majority of older, historical buildings that comprise the
downtown area are unable to meet those minimum standards.
Therefore, in order to enhance the urban, pedestrian flavor of the
downtown and contribute to the economic well-being of the
community, the police department proposes easing the location
standards to accommodate those businesses that seek public
dancing as an ancillary use. Initially, this permit will be available to
establishments within a designated area of the downtown.
C. The emergence of the Artists Village, downtown and surrounding
area with a mix of residential, office and commercial uses, places
the city at a point necessitating a fresh look at the citywide policy
concerning public dancing. Within the Artists Village and
surrounding area, several commercial and residential
developments exist or are in the process of completion. Current
eateries that have been established include the Gypsy Den,
5OA-3
Crosby, Proof, Memphis, Lola Gaspar, the planned Yost Complex
and entertainment within the Empire Building and the Grand
Central Arts Theater.
D. Each of these developments, when approved, add a component
necessary to create a more dynamic living community operating
within an urban environment. The integration of living, working and
entertainment space provides a lifestyle that has proven successful
in other metropolitan areas and contributes to the vitality of the
Downtown by enhancing the activity, and thus viability of the Artists
Village.
E. With reduced revenues and the increased growth of nightlife in the
downtown area, the Police Department is seeking to support the
emerging vibrant uses by developing a strong ordinance to mitigate
any negative impacts associated with these venues and minimize
calls for service while ensuring a reduced fiscal impact on the City.
F. The City of Santa Ana has a long history with alcohol beverage
establishments that generate an extraordinary amount of police-
related calls for service. Numerous studies have shown the
correlation between alcohol and violence. The police department
has evaluated the relationship between alcohol-licensed
establishments and the impact that entertainment such as public
dancing has on police services. These studies found that police-
related incidents at dance establishments generate a higher
number of calls than non-dance establishments and those calls
require an increased level of manpower.
G. Police department data convincingly supports the premise that the
City's dance establishments generate an extraordinary amount of
police-related calls and require a greater number of police service
hours than establishments that do not provide that type of
entertainment.
H. To help the City recapture some of those extraordinary costs, the
Police Department proposes to assess a `cost recovery fee'.
Establishments that obtain a public dance permit will be assessed
this fee in addition to the application fee. Both fees will be collected
each time the establishment applies to renew their dance permit.
The goal of this fee is to maintain a strong sense of public safety
without creating a burden to the City.
1. It is within the power of the City to protect itself from extraordinary
emergency expenses by passing statutes and regulations that
permit recovery from responsible parties. The City of Santa Ana
may charge a fee to recover the reasonable costs incurred by the
Ordinance No. NS-XXX
50A-4 Page 2 of _
City for services that the Santa Ana Police Department provides
related to responding and attending to normal calls for service.
J. Implementing a Public Dancing Establishment Cost Recovery Fee
program will generate projected revenues that will help the City
offset some of the costs incurred in responding to extraordinary
calls for service at public dance establishments.
K. The staff reports and oral testimony before the Public Safety
Committee on May 25, 2010, and July 27, 2010, shall by this
reference be incorporated herein and together with this ordinance,
any amendments or supplements and the oral testimony before the
City Council, shall constitute necessary findings for this ordinance.
L. The Request for Council Action for this ordinance dated September
7, 2010, shall by this reference be incorporated herein, and
together with this ordinance, any amendments or supplements and
the oral testimony before the City Council at this meeting, shall
additionally constitute the necessary findings for this ordinance.
M. In an effort to monitor the results of this program, the City Council
shall review these new revisions six (6) months after adoption of
the ordinance in order to analyze the effectiveness and sufficiency
of the new policies.
N. All provisions of the Santa Ana Municipal Code which are repeated
herein are repeated solely in order to comply with the provisions of
Section 418 of the City Charter. Any such restatement of existing
provisions of the Code is not intended, nor shall it be interpreted, as
constituting a new action or decision of the City Council, but rather
such provisions are repeated for tracking purposes only in
conformance with the Charter.
Section 2. Section 11-1 of Chapter 11 of the Santa Ana Municipal Code
is amended to read in full as follows:
Sec. 11-1. Definitions.
For the purpose of this chapter the words and phrases herein defined shall
be construed as having the following meanings:
Public dance hall is a place open to the public upon the payment of an
admittance fee wherein music is provided and people are allowed to dance, which
place is so open at regular intervals or on regular days of the week. This use shall
also be defined as a regulated use under Chapter 41 of the zoning code
Ordinance No. NS-XXX
5OA-5 Page 3 of _
Public dance is a dance open to the publiG f9F an adFni#aAGe fee OF Ghafge
and whiGh is held on one day only in which either couples or singles engage in the
activity of dancing in a public place.
Public dancing place is a place operated for profit where music is provided
and the public is permitted to dance with or without payment of a fee.
Private dance is a dance which is limited to those persons individually
invited, to which no admission charge is made, or a dance conducted by a bona
fide club, society or association, or organization incorporated for benevolent,
charitable, dramatic, literary, recreational or dancing purposes having an
established membership, and which holds meetings other than such dances at
regular stated intervals, and when the proceeds, if any, of such dance are used
only for the purposes of such club, society, association or organization.
Nightclub shall mean
peFmitted and daRGinq is allowed a public place open to patrons over the age of
twenty-one (21) years for entertainment primarily during the evening hours
wherein liquor and food may be served providing music and an area for public
dancing. Such an establishment is defined as a public premise by the California
Business & Professions Code. Said establishment sells liquor or beer for
consumption on the premises as its primary business.
Special Event Dance shall mean a dance which is open to the public with or
without payment of an admittance fee or charge which is held on one day only, for
which a temporary "one-day dance permit" shall issue. Location of event must
have received prior approval from the City's Planning & Building Agency and Fire
Department to conduct these functions.
Section 3. Section 11-3 of Chapter 11 of the Santa Ana Municipal Code
is amended to read in full as follows:
Sec. 11-3. Permit--Required; application; investigation; exception.
(a) Every person desiring to conduct a public dance shall, ten (10)
days prior to such dance, file an application for a permit so to do with the chief of
police of the city. Every person desiring to operate a public dance hall or public
dancing place shall file an application for a permit to do so with the chief of police at
least thirty (30) days prior thereto.
OffiGeFs of the erganization pmpesing to c;endUGt the same, the date OF ,
pla5e, and and the when }he nrnn ed to end ,rrcrvvn -1~9k:FFS~rrc-~urrc-ra~vp9$c---(•3e-6vted-t, and the
admission fee to be Gharged.
Ordinance No. NS-XXX
50A-6 Page 4 of _
(b) Written application for permits under this chapter shall be filed
with the Chief of Police upon forms provided by him and shall set for the following
facts:
(1) The name and residence of the applicant or applicants,
and if the applicant is a corporation or partnership, the names and residences of the
officers, partners or directors thereof, and if the applicant is an association, the
names and residences of the officers thereof;
(2) The particular place for which the permit is desired;
(3) The days, or if a one-day permit the date, and time of
dances to be held under the permit;
(4) A statement that the applicant is the licensee of record,
sole party, or applicants are the sole party, either directly or indirectly interested in
the dance for which a permit is sought, and that no other person is, or will be, in any
manner interested, directly or indirectly, during the continuance of the permit;
(5) A statement of the ownership of the realty of the
premises for which the permit is sought;
(6) The name of at least one responsible party on the
premises, as well as a telephone number on the premises where such a person
can be reached;
(7) A statement of such additional information as the Chief
of Police may require.
(b)Lcl The chief of police shall investigate the persons applying for
such permit, shall consider the items and standards for granting set out in section
11-5 and, in conformance therewith, shall either grant or deny the permit applied
for, and shall forthwith notify the applicant of his action.
(s)ue No person, firm, partnership, corporation, company, or non-
profit or charitable organization shall conduct any public dance hall, public dance, or
public dancing place, without first making application for and obtaining a permit so
to do, nor shall any person conduct the same during the time while a permit so to
do is revoked.
(dUe No permit shall be required for a private dance.
(f) Unless earlier revoked by the Chief of Police dance permits
shall be valid for a period not to exceed two (2) years All dance permits are not
automatically renewed and it shall be the responsibility of the permit holder to file a
Ordinance No. NS-XXX
50A-7 Page 5 of _
new application for a dance permit at least 45 days prior to the previous permit's
expiration.
(g) Special Event Dance Permits or one-day dance permits shall
be valid only for the requested date and are not renewable
WLhj Any permit applicant aggrieved by the decision of the chief of
police to deny said permit may appeal e-sityseeflsil as provided in Chapter 3 of
the Santa Ana Municipal Code, except that the written notice of appeal must be
filed with the clerk of the council and the chief of police within seventy-two (72)
hours of service of the written notice of the chief of police's decision.
Section 4. Section 11-4 of Chapter 11 of the Santa Ana Municipal Code
is amended to read in full as follows:
Sec. 11-4. Same--Revocation of or placing condition on.
In the event any person holding a permit under this chapter shall
violate any provision of this chapter or shall permit or allow any illegal, improper or
disorderly conduct in said dancing place, the chief of police may revoke or condition
such permit by giving written notice of the revocation or condition to the holder of
such permit seventy-two (72) hours before the effective hour of the revocation or
condition.
The chief of police may, when violations of law in the neighborhood
exceed the average for like areas in the city, give notice of revocation or placing a
condition thereon in the original granting of the permit or to avoid revocation of an
existing permit. The condition may require the management to employ one or more
special officer , to be appFoyed by the Ghief of , to keep the peace and
enforce all statutes and ordinances during all times dancing is allowed.
Any permit holder aggrieved by the decision of the chief of police to
revoke or condition said permit may appeal to the -city GeuRsiI as provided in
Chapter 3 of the Santa Ana Municipal Code, except that the written notice of appeal
must be filed with the clerk of the council and the chief of police within seventy-two
(72) hours of service of the written notice of the chief of police's decision.
Section 5. Section 11-5 of Chapter 11 of the Santa Ana Municipal Code
is amended to read in full as follows:
Sec. 11-5. Same--Location standards.
(a) No permit shall be issued for a public dancing place where any
alcoholic beverages are sold unless the place is a "bona fide eating place" as
defined in Section 23038 of the Business and Professions Code of the State of
California, and the place of business has seats at tables to seat at least fifty (50)
Ordinance No. NS-XXX
5OA-8 Page 6 of _
people, not counting any stools at the bar or counter where alcoholic beverages are
prepared for service and are served, utilizes not less than twenty (20) per cent of
the floor space as a kitchen facility for food preparation, and has not less than three
hundred (300) square feet of floor space maintained in a smooth and safe condition
for dancing.
(b) No permit shall be issued for a public dance hall where any
alcoholic beverages are sold, unless the place has not less than five hundred (500)
square feet of floor space maintained in a smooth and safe condition for dancing.
(c) Notwithstanding the foregoing in that area of the City of Santa
Ana known as the Downtown (DT) Zone and the Urban Center (UC) Zone as
described in the Transit Zoning Code the requirements of subsections (a) and (b)
shall not apply. In addition if the proposed floor space to be maintained in a
smooth and safe condition for dancing is ten percent (10%) or more of the total
square footage of the public area a formal plan check review by the Building
Department and Fire Department shall be required
Section 6. Section 11-7 of Chapter 11 of the Santa Ana Municipal Code
is amended to read in full as follows:
Sec. 11-7. Operational standards.
danGing e-shall All establishments at which public dancing is being conducted
shall comply with the following operational standards:
(1) No establishment shall Rpermit or allow any
intoxicated, boisterous or disorderly person to enter, be, or remain therein.
who has left the building te FetUFn without the payment of the regulaF admi i
admission.
(3)fQ No establishment shall Sshut or turn off or reduce the
intensity of the lighting in the area used for dancing to such an extent as to provide
less lighting or illumination than is customary for rooms or areas of like dimensions
or to a degree to make it difficult or impossible to clearly see or identify individuals
dancing on the floor provided for dancing. Interior lighting must be in accordance
with Article 220 of the National Electric Code and in addition a minimum of one-
quarter foot-candle shall be provided in all areas of the establishment
F4Q No establishment shall Rpermit or allow any minor
under the age of 6*)d°°^ (16) eighteen (18) years to enter, remain in or dance in
such place conducted unless accompanied by a parent or adult guardian or person
in charge of said minor.
Ordinance No. NS-XXX
Page 7 of _
5OA-9
(4) You are not allowed to charge any type of admission
fee, cover charge or "donation" to a person for the purpose of allowing that person
to enter the premises where dancing and/or entertainment is being conducted
Any type of an entertainment use such as charging an admission to enter the
premises to dance will require an approved Conditional Use Permit ("CUP") from
the City's Planning and Building Agency.
(5) No music shall be played outside of the premises nor
be audible beyond the area under your control as the permittee unless the
permittee has previously obtained any and all required permits for such activity.
(6) The premises shall provide exterior lighting in
compliance with Police Department requirements
(7) At all times that dancing and/or entertainment is being
conducted, the applicant shall employ a minimum of one (1) uniformed licensed
security guard for every 100 persons in attendance per event for keeping the
peace.
(8) If there is a marked or noticeable increase in the
number of police-related incidents on or near the premises as such increase may
be determined by the Chief of Police the permittee shall increase the number of
uniformed licensed security guards to a total number of guards as determined b
the Chief of Police.
(9) As the permittee, only you and no other person
persons or business entity is authorized to conduct public dancing on the premises
(10) You must post this permit at a conspicuous location on
the premises so that the public can view it.
(11) There shall be no one under twenty-one (21) years of
age on the premises after the sales and service of food has been discontinued or
at any time after 10:00 p.m. on a day when public dancing is authorized under this
permit.
(12) Outside queuing space shall be located so as not to
obstruct public right-of-way, interfere with any outside eating areas or impede
access to adjacent business establishments. Patrons in the outside queuing area
shall not be permitted to obtain or consume food or beverages from the business
(13) All owners, managers and employees serving and/or
sellinq alcoholic beverages in an establishment shall undergo and successfully
complete a certified training program in responsible methods and skills for serving
and selling alcoholic beverages. To qualify to meet the requirements of this
Ordinance No. NS-XXX
5OA-1 0 Page 8 of _
section a certified program must meet the standards of the California Coordinating
Council on Responsible Beverage Service (CCC/RBS) or other certifying/licensing
body, which the State may designate Records of each owner's manager's and
employee's successful completion of the certified training program required by this
section shall be maintained on the premises of the alcoholic beverage outlet and
shall be presented upon request by a representative of the City of Santa Ana
(14) The owner/operator shall submit a security plan for
approval by the Chief of Police The establishment owner shall be responsible for
ensuring that the business' security personnel or officers implement and enforce at
all times an secun Ian approved or re uired for the business.
(15) The owner/operator shall provide a Closed Circuit
Television System approved by the Police Department and capable of viewing and
recording events on the property and inside the premises with a resolution that will
clearly identify individuals for later identification Camera system components shall
include:
(i) A minimum of one color camera at each
specified location.
(ii) A color camera recorder or digital system
capable of recording events on all cameras
simultaneously.
(iii) A tape or disc storage librarv of recorded
cameras kept for a minimum of 60 days
(16) The owner/operator shall scan the identification card CID") of
each patron into an ID scanner system prior to the patron being granted entry into the
premises. The ID scanner system must be reviewed and approved by the Police Chief.
Section 7. Section 11-8 of the Santa Ana Municipal Code is hereby deleted in its
entirety:
business.
Section 8. Section 11-9 of the Santa Ana Municipal Code is hereby deleted in its
entirety:
Ordinance No. NS-XXX
5OA-1 1 Page 9 of_
Cher n.
Section 9. Section 11-10 of the Santa Ana Municipal Code is hereby deleted in
its entirety:
SeG. 11 10. NightGlUb; .
Section 10. Section 11-12 of Chapter 11 of the Santa Ana Municipal Code
is hereby added to read as follows:
Sec. 11-12. Extraordinary Calls for Service Cost Recovery Fee Schedule
Adoption
The City shall adopt and amend, from time to time, a schedule of fees as
described in this Article by Resolution.
Section 11. Section 11-13 of Chapter 11 of the Santa Ana Municipal Code
is hereby added to read as follows:
Sec. 11-13. Extraordinary Calls for Service Cost Recovery Fee
(a) Any establishment obtaining a dance permit shall be charged a cost
recovery fee in addition to the dance permit fee for recovery of costs generated by
extraordinary calls for service by these establishments. The amount of the cost
recovery fee shall be determined by the Chief of Police and adopted by resolution
into the City fee schedule. Additionally, establishments with a dance permit will be
charged for any police related calls for service that are 25% above the average
number of calls for service for such establishments, as determined by the Chief of
Police. Any establishment with a dance permit that generates a 50% increase in
police related calls for service above the average number of calls for service for
such establishments, as determined by the Chief of Police, will require
reimbursement for the additional responses and initiate a formal review of the
operation by the Chief of Police, at which time the Chief of Police may decide to
condition, suspend, or revoke the subject dance permit.
Ordinance No. NS-XXX
50A-12 Page 10 of_
(b) The Extraordinary Calls for Service Cost Recovery Fee shall be
assessed to any establishment obtaining a dance permit at the time of obtaining
said dance permit and each time said dance permit is renewed.
Section 12. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City Council of the City of
Santa Ana hereby declares that it would have adopted this ordinance and each
section, subsection, sentence, clause, phrase or portion thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
ADOPTED this day of , 2010
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Ryan O. Hodge, Deputy City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Ordinance No. NS-XXX
5OA-1 3 Page 11 of _
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on , and that said ordinance
was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-XXX
5OA-14 Page 12 of_
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.:T: 1`441%V ` EXHIBIT 1
Special Investigations
Meffiiw
To: Chief of Police June 15, 2010
From:Yolanda Pena
CC: H.J. Couisine, Executive Inspector
Re: DANCE ESTABLISHMENT COST RECOVERY FEE
Summary
The City of Santa Ana has a long history with alcohol beverage establishments that
generate an extraordinary amount of police-related calls for service. Numerous
studies have shown the correlation between alcohol and violence. The police
department has evaluated the relationship between alcohol-licensed establishments
and the impact that entertainment such as public dancing has on police services. I
found that police-related incidents at dance establishments generate a higher
number of calls than non-dance establishments and those calls require an increased
level of manpower.
Currently, Chapter 11 of the Santa Ana Municipal Code requires that a location at
which public dancing is conducted be bona fide eating establishment. The number
of ABC licensed locations, which are bona fide eating establishments, and the
number of current public dance permits in Santa Ana are as follows.
Type 47* ABC license 58
Type 41 * ABC license 120
Public Dance Permits 12
In order to evaluate calls for service (CFS) I compared data for existing dance
establishments to similar locations that do not have a dance permit. Since the
majority of dance establishments have a type 47 ABC license, those locations were
chosen for the first comparison.
"Type 41 - On-sale beer & wine, public eating-place
"Type 47 - On-sale general, public eating place (includes beer wine and distilled spirits)
EXHIBIT 2
1
Comparison #1
After reviewing all ABC type 47 establishments, I eliminated uses such as hotels
and golf courses due to alcohol sales comprising a very small portion of their
business. Also eliminated were alcohol establishments located at Main Place Mall
and other large shopping centers with a common address due to the difficulty of
attributing the activity to one specific location. A remainder of thirty-seven (37)
locations was found to have a unique address and similar type of license.
An evaluation of 2009 CFS data for those locations found that CFS at dance
establishments exceeded those of similar establishments that did not conduct
dancing. The average number of CFS at a dance establishment is 17 while the
average number of CFS at an establishment without public dancing is six (6).
The number of hours spent on CFS is just as disparate. Police Department
personnel spend an average of 17 hours on CFS at dance establishments. The
average number of hours spent at locations without dancing is seven (7).
18
16
14 j
12
i
10
8 ?CFS
6 ' ? Hours
4
2
0 -r
Restaurants Restaurants w/
Dancing
Comparison #2
A comparison was made of establishments that are located within the same
shopping center. The locations with dance permits have a type 47 ABC license,
those that do not have dance permits have a type 41 ABC license. In the first two
examples, the locations have the same physical address but are at the opposite end
of the shopping center. In the third example, the locations are exactly the same
size, have the same type of ABC license, and are at the opposite end of the center.
The difference in both the number of calls and hours spent on calls is consistent with
Comparison #1.
0 Page 2
1701 E. McFadden Avenue
25 i
~ i
20 I
I
15
10 ~ ?CFS
10
5 ®Hours
0 r:~~ I -
Suite F (No DanceSuite K (Dance Permit)
Permit
230 W. Warner Avenue
30
25
20
15 ! ?CFS
10--,,
~ ®Hours
0 AMA= 1-7 1
Suite 107 (No Suite 101 Dance
Dance Permit) Permit)
18-
16
12-
10-
8- ?CFS
6 - 91 Hours
4 ~
2 _ I
0 l
3608 S. Bristol (No 3672 S. Bristol (Dance
Dance Permit) Permit)
0 Page 3
Comparison #3
The majority of dance establishments are less than 5000 sq. feet. However, there
are a few establishments over 10,000 sq. feet. A comparison was made of those
larger establishments and the data reflected the same differences in CFS and hours
as the other examples. All establishments used in this comparison have a type 47
ABC license.
Establishments Over 10k Sq. Ft.
25-
20-',15- 10 ?CFS
5 ? Hours
Q ,
Black Angus (No Claim Jumper Festival Hall El Cortez (Dance
Dance Permit) (No Dance (Dance Permit) Permit)
Permit)
Comparison #4
An evaluation of seven locations within the Artist Village area that do not conduct
dancing, found that the number of CFS generated was similar to dance
establishments, contrary to the three prior comparisons. This may be attributed to
the high level of activity in the area, the adjacent residential uses and concentration
of alcohol-licensed establishments. It should be noted that although the number of
CFS was similar, the number of hours spent is comparable to those establishments
that do not conduct dancing. These locations are a mixture of bar and restaurant
uses.
Artist Village Comparison
20
15
5 ?CFS
D Hours
Citywide Artist Village Restaurants
Restaurants w/o w/Dancing
Dancing
The City can expect a further increase in CFS and police service time devoted to the
downtown area, should those establishments add public dancing.
0 Page 4
Results
The data convincingly supports the premise that the City's dance establishments
generate an extraordinary amount of police-related calls and require a greater
number of police service hours than establishments that do not provide that type of
entertainment.
An unexpected result of the comparisons made was the significance of man-hours
as opposed to number of calls for service. While there were a few locations that
generated a similar number of CFS, it is important to note that the hours and
personnel devoted to calls at dance establishments was much greater.
For example, a gang-related disturbance at a dance establishment required 8
officers and a total of 10 man-hours to clear. An assault or drunk arrest at a location
with a dance permit may demand 4 to 12 hours of police services. The time
devoted to calls and number of personnel appears to be dictated by the events
surrounding each incident.
Recommendation
To help the City recapture some of those extraordinary costs, the Police Department
proposes to assess a 'cost recovery fee'. Establishments that obtain a public dance
permit will be assessed this fee in addition to the application fee. Both fees will be
collected each time the establishment applies to renew their dance permit. The goal
of this fee is to maintain a strong sense of public safety without creating a burden to
the City.
• Page 5
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
SEPTEMBER 20, 2010
TITLE: APPROVED
BIENNIAL REVIEW OF CITY O As Recommended
CLASSIFICATIONS REQUIRED TO FILE A O As Amended
0 Ordinance on I" Reading
STATEMENT OF ECONOMIC INTERESTS 0 Ordinance on 2^' Reading
FORM 0 Implementing Resolution
0 Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Adopt a resolution amending the Conflict of Interest Codes of Certain City Agencies and
Departments.
DISCUSSION
The California State Government Code specifies that local agencies must review their Conflict of
Interest Codes each even-numbered year. Changes to the codes must be adopted by the City
Council as the code reviewing body for City agencies and departments.
Pursuant to State requirements, we have reviewed the Code for each City agency. The City's
Code has been revised to include new positions added since the last code review, delete
positions that have been eliminated or whose duties do not include making or participating in
governmental decisions, and modify the Disclosure Category for some positions as indicated in
the attached resolution. City staff recommends the following changes to the list of designated
filers as follow:
Additions:
Community Services Manager (Parks Recreation and Community Services)
Housing Program Analyst (Community Development Agency)
Senior Management Analyst (Finance Management Services Agency)
Redevelopment Project Manager I (Community Development Agency)
Residential Construction Specialist (Community Development Agency)
Treasury Services Supervisor (Finance Management Services Agency)
Deletions:
Administrative Assistant II (Planning and Building Agency)
Assistant Director of Parks Recreation Community Services Agency
Chief Assistant Clerk of the Council
City Traffic Engineer (Public Works Agency)
Community Affairs Manager (Parks Recreation and Community Services)
55A-1
BIENNIAL REVIEW OF CITY CLASSIFICATIONS
REQUIRED TO FILE A STATEMENT OF ECONOMIC
INTERESTS FORM
September 20, 2010
Page 2
Deletions:
Downtown Development Manager (Community Development Agency)
Library Director
Park Maintenance Superintendent (Parks Recreation and Community Services)
Recreation Superintendent (Parks Recreation and Community Services)
Senior Land Surveyor (Public Works Agency)
Transportation Manager (Public Works Agency)
WORK Center Coordinator (Community Development Agency)
FISCAL IMPACT
There is no fiscal impact associated with this action.
Maria D. Huizar,
Clerk of the Council
55A-2
RESOLUTION NO. 2010-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING THE CONFLICT OF INTEREST
CODES OF CERTAIN CITY AGENCIES AND
DEPARTMENTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS
Section 1. The City Council of the City of Santa Ana hereby finds determines
and declares as follows:
A The various offices agencies and departments of the City of Santa Ana
have maintained Conflict of Interest Codes pursuant to the Political
Reform Act of 1974 (California Government Code sections 81000 et seq.)
since the enactment of that law.
B The last comprehensive revision of the Conflict of Interest Code of the
various offices, agencies, and departments of the City is set forth in City
Council Resolution No. 2008-064 adopted September 2, 2008.
C Certain agencies and departments of the City now desire to amend the
Conflict of Interest Code set forth in Resolution No. 2008-064.
Section 2. The persons holding designated positions defined in Exhibit A
attached to and made part of this resolution shall file statements of economic interest
pursuant to the requirements of the City's Conflict of Interest Code.
Section 3. The disclosure categories as defined in Exhibit B are attached to
and made a part of this resolution.
Section 4. This resolution shall supersede and replace Resolution No. 2008-
064.
Section 5. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote
adopting this Resolution.
55A-3
ADOPTED this day of 12010.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Laura Sheedy
Assistant City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Resolution No. 2010-XXX to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Maria D. Huizar,
Clerk of the Council
55A-4
CITY OF SANTA ANA
CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS
Exhibit A
This Conflict of Interest Code is adopted for the City of Santa Ana California pursuant to
the Political Reform Act of 1974 (California Government Code, Sections 81000 g.). It
consists of the model code set forth in Regulation 18730 of the Fair Political Practices
Commission, incorporated herein by reference, together with the following Appendix:
DESIGNATED EMPLOYEES DISCLOSURE
CATEGORY
Office of the City Manager
City Manager
Assistant City Manager 1
Executive Director of External Affairs 1
Assistant to the City Manager 1
Consultant " 1
Office of the Clerk of the Council
Clerk of the Council 1
Office of the City Attorney
City Attorney "
Chief Assistant City Attorney 1
Senior Legal Management Assistant 4
Senior Assistant City Attorney 1
Assistant City Attorney 1
Deputy City Attorney 1
Community Development Agency
Deputy City Manager for Development Services 1
Assistant Director of Community Development 1
Community Development District Manager 1
Economic Development Manager 1
Economic Development Specialist II 2,4
Economic Development Specialist III 2,4
Employment Services Fiscal Specialist 4
55A-5
Housing Authority Coordinator 2,4
Housing Authority Operations Supervisor 4
Housing Division Manager 1
Housing Programs Analyst 2,4
Housing Programs Coordinator 2,4
Housing Specialist 1 2,6
Housing Specialist II 2,6
Loan Specialist 2
Management Aide 2
Management Analyst 2,4
Redevelopment Program Manager 1-,-2
Redevelopment Project Assistant 4,2
Redevelopment Project Manager 1 2, 4, 5
Redevelopment Project Manager II 2, 4, 5
Redevelopment Project Manager III 1
Residential Construction Specialist 2,5
Senior Community Development Analyst 2,4
Senior Housing Specialist 2
Senior Management Analyst 2,4
Senior Management Assistant 2,4
Senior Residential Construction Specialist 2,5
Workforce Specialist III 2,4
Workforce Specialist IV 2,4
Finance Management Services Agency
Executive Director
Administrative Services Manager 1
Assistant Director of Finance Management Services 1
Budget and Research Manager 1
Business Tax Collector / Inspector 1
Buyer 3, 5, 7
Central Services Supervisor 3
Corporate Yard Facilities / Fleet Services Mgr 3
Facilities Maintenance Superintendent 3, 5
Fleet Equipment Supervisor 3
Information Services Manager 3
Purchasing Supervisor 3, 5,7
Revenue Supervisor 1
Senior Management Analyst 4
Storekeeper 3
Supervising Accountant 1
Supervising Buyer 3, 5, 7
Treasury Manager 1
Treasury Services Supervisor 1
55A-6
Fire Department
Fire Chief 1
Deputy Fire Chief 1
Fire Battalion Chief 1
Fire Marshal 1
Fire Safety Analyst 6
Fire Safety Specialist 1, 11,& III 6
Firefighters (Underground Tanks) 2,6
L .bran , Dire^+er 4-
Parks Recreation and Community Services
Executive Director 1
Administrative Services Manager 1
Assistant E-Nrester of Parks Recreation GqF it Serv;oes 4-
AsenGr
Rity Affairs Manager 4
Park nnaiRte..aRGe Sue 4, n+en"~ en+ ^ ~
I'
rye SU RteRdent 4 cd :7
Community Services Manager 4, 5,7
Senior Management Analyst 1
Zoo Manager 4, 5, 7
Personnel Services Department
Executive Director 1
Assistant Director of Personnel Services 1
Benefits & Compensation Manager 1
Liability Claims Coordinator 1
Personnel Operations Manager 1
Risk Manager 1
Worker s Compensation Administrator 4
Planning and Building Agency
Executive Director 1
Adr-niRistrative Assistant
Assistant Director of Planning and Building 1
Assistant Plan Check Engineer 1 2,7
Assistant Plan Check Engineer II 2,7
Assistant Planner 1 6
Assistant Planner 11 6
Associate Plan Check Engineer 2,7
Associate Planner 6
Building Inspector 6
Building Safety Manager 1
Combination Building Inspector 6
55A-7
Community Preservation Coordinator 1
Community Preservation Inspector 6
Community Preservation Manager 1
Deputy Building Official (New Construction) 1
Deputy Building Official (Plan Check) 1
Electrical Inspector 6
Electrical Plan Checker 6
Landscape Development Associate 6
Management Analyst 4,7
Permit Supervisor 2, 7
Permit Technician 6
Planning Manager 1
Plumbing Inspector 6
Plumbing Mechanical Inspector 6
Principal Plan Check Engineer 2,7
Principal Planner 2,7
Senior Building Inspector 6
Senior Combination Building Inspector 6
Senior Community Preservation Inspector 6
Senior Electrical Inspector 6
Senior Electrical Systems Specialist 6
Senior Plan Check Engineer 2,7
Senior Planner 2
Senior Plumbing / Mechanical Systems Specialist 6
Senior Plumbing Inspector 6
Supervisor of Inspections 2, 6, 7
Police Department
Police Chief 1
Jail Administrator 1
Police Captain 1
Police Communications Manager 4
Police Fiscal Officer 1
Police Lieutenant 1
Police Property & Facilities Manager 1
Police Records Manager 4
Police Technology & Support Administrator 1
Public Works Aciency
Executive Director 1
Administrative and Enterprise Services Manager 1
City Engineer 1
-r
Deputy City Engineer 2, 4, 5, 7
Principal Civil Engineer 2, 5, 7
Projects Manager 2,7
55A-8
Public Works Maintenance Manager 1
Senior Civil Engineer 2, 5, 7
Senior Engineer 2, 5,7
Se^•e' Land Su e
Senior Transportation Analyst 2, 5,7
Tr-anspertation IN'4anager- 4
Transit Program Manager 1
Water Resources Manager 1
Board Commissions
Community Redevelopment & Housing Commission Members 1
Environmental / Transportation Advisory Committee Members 1
Historic Resources Commission Members 1
Personnel Board Members 1
Planning Commission Members
Workforce Investment Board Members 1
'The City Manager, City Attorney, Executive Director of Finance Management Services
Agency, and Planning Commissioners file Economic Disclosure Form 700 with the Fair
Political Practices Commission per Government Code Section 87200.
"City Consultants shall be included when the City Manager determines in writing that a
particular consultant is hired to perform duties that would constitute a "designated
position". Such written determination shall include a description of the consultant's
duties and, based upon the description, a statement of the extent of disclosure
requirements. The determination by the City Manager is a public record and shall be
retained for public inspection in the same manner and location as this conflict of interest
code.
55A-9
55A-10
CITY OF SANTA ANA
CONFLICT OF INTEREST CODE
DISCLOSURE CATEGORIES
Exhibit B
Required filers must review all Form 700 Schedules and complete
forms as mandated by the specific Disclosure Category designated.
Disclosure Category 1: Full Disclosure
Persons in this category shall disclose all applicable investments, business positions,
income, any interests in real property located in the City or within a two mile radius of
the City, and, any interests in property owned or used by the City.
Disclosure Category 2: Decision Making Authority Affecting Real Property
Persons in this category shall disclose all applicable investments, business positions,
and income, including loans and gifts, from sources which engage in land development,
construction, or the acquisition or sale of real property; also reportable are all interests
in real property located in the City and within a two mile radius of the City or of any
property owned or used by the City.
Disclosure Category 3: City-wide Purchasing Responsibilities
Persons in this category shall disclose applicable investments, business positions, and
income, including loans and gifts, from sources which provide services, supplies,
materials, machinery, or equipment of the type utilized by the City
Disclosure Category 4: Department/Division Purchasing Responsibilities
Persons in this category shall disclose all applicable investments, business positions,
and income, including loans and gifts, from sources which provide services, supplies
materials, machinery, or equipment of the type utilized by the designated employees
agency, department, or division.
55A-11
Disclosure Category 5: Public Works/Construction Projects Responsibilities
Persons in this category shall disclose all interests in and income from businesses
engaged in construction, landscaping, street repair, traffic signal installation or
modification or the supply of materials for any of the above.
Disclosure Category 6: Regulatory Power
Persons in this category shall disclose all applicable investments, business positions,
and income, including loans and gifts, from any source which is subject to the
regulatory, permit, or licensing authority of the designated employee's agency,
department, or division.
Disclosure Category 7: Planning and Engineering
Persons in this category shall disclose all applicable investment, business positions,
and income, including loans and gifts, from any source engaged in engineering,
planning, and design services.
55A-12
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
SEPTEMBER 20, 2010
TITLE: APPROVED
? As Recommended
SCAG'S BUSINESS FRIENDLY ? As Amended
PRINCIPLES ? Ordinance on 1" Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Adopt a resolution in support of the Southern California Association of Governments' (SCAG)
Business Friendly Principles.
DISCUSSION
As part of the development of a Southern California Economic Growth Strategy (Strategy) and in
preparation for the December 2nd Southern California Road to Economic Recovery Summit that
SCAG is coordinating with the Governor-Elect, SCAG is recommending that member cities
approve a resolution promoting Business Friendly Principles.
As the metropolitan planning organization with a focus on transportation planning, SCAG's
understanding of the economic drivers and trends of Southern California are important and
intrinsically linked to developing a successful Regional Transportation Plan. Historically, SCAG has
studied and tracked the economic conditions of the region and used such information in its
planning efforts.
The project is divided into two phases. The first phase focuses on collecting economic data and
existing economic development plans from counties and cities, and then preparing a proposed
regional action plan. The goal is to identify areas where SCAG can partner with member cities,
counties, business leaders and other key stakeholders to address economic challenges to
Southern California's economic recovery. The second phase is to develop ways to increase
investments from outside the region into Southern California and to promote new business
opportunities.
SCAG has budgeted $450,000 to develop this economic analysis and regional growth strategy.
FISCAL IMPACT
There's no fiscal impact associated with this request.
55B-1
55B-2
RESOLUTION NO. 2010-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA IN SUPPORT OF "BUSINESS FRIENDLY
PRINCIPLES" AS PART OF SCAG'S DEVELOPMENT OF A
SOUTHERN CALIFORNIA ECONOMIC GROWTH
STRATEGY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Whereas, City of Santa Ana is a member of the Southern California Association of
Governments (SCAG) who is engaged in the development of a Southern California
Economic Growth Strategy;
Whereas, since economists agree that the financial recovery for our region will be slow
and challenging, the City supports working with SCAG and other key economic
stakeholders to analyze the current trends, identify obstacles to economic growth and
promote incentives and public policies that will improve the Southern California
economy;
Whereas, as a municipality, Santa Ana has a business friendly environment and has
numerous programs in place to encourage economic growth within its community;
NOW, therefore be it resolved that, as part of the development of a Southern California
Economic Growth Strategy, the City supports SCAG's efforts to create a region-wide
work plan that will be communicated to state and local officials to assist in our area's
economic recovery.
1. Principle One - Make economic development a priority
2. Principle Two - Expand business partnerships in the community.
3. Principle Three - Promote business friendly processes and procedures.
4. Principle Four - Attractive business investment to the region.
ADOPTED this day of , 2010.
Miguel A. Pulido
Mayor
55B-3
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2010-XXX to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Maria D. Huizar
Clerk of the Council
City of Santa Ana
55B-4