HomeMy WebLinkAboutPOLICE OFFICERS ASSOCIATION (POA) - 2013A- 2013.161
SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
THE SANTA ANA POLICE OFFICERS ASSOCIATION
The City of Santa Ana (City) and the Santa Ana Police Officers Association (SAPOA) have met
and conferred over the terms of a successor Memorandum of Understanding (MOU). This
document represents the agreement of the parties reflecting all of those changes to the parties'
current MOU. These changes once ratified by the SAPOA and then approved by the City
Council of the City will go into effect as set forth herein. It is then the intent of the parties to
incorporate these changes into their MOU (which will be a comprehensive MOU incorporating
all the parties agreements) which will include any and all side letters of agreement entered into
between the parties which are not currently contained in the MOU. This will include updating
language currently in the existing MOU which has been subsequently modified by side letters
entered into between the parties prior to the negotiations for the successor MOU but after the last
MOU was signed off by the parties. The parties anticipate there will also be updates to the MOU
language to sections other than those set forth below which are necessitated by the parties'
agreements below.
1. Term
26.1 The term of this Agreement shall be from July 1, 2013 through June 30, 2015
2. Retirement:
13.5 3% at 50 Service Retirement Benefit for Classic Safety Members. The City contracts
with CaIPERS to provide Classic Safety employees (classic members as that term is
defined by the Public Employees' Pension Reform Act of 2013) represented by this
bargaining unit with the 3% at 50 Service Retirement benefit.
Commencing July 1, 2013, all classic member safety employees covered by this Agreement
shall pay nine percent (9 %) of their salary to pay for the employer portion of the City's
CaIPERS contribution. This payment shall be paid in accordance with Government Code
Section 20516(f).
For "New Members" within the meaning of the California Public Employees' Pension
Reform Act ( PEPRA) of 2013.
The PEPRA went into effect on January 1, 2013. The parties agree that if there is any
other clean up or other retirement legislation which goes into effect during this MOU and
if there are provisions of that legislation which, by law, automatically goes into effect,
either party may request to negotiate over the legislation, including over the impact.
Retirement Formula: Per Government Code Section 7522.25(d), also known as 2.7% at
57 retirement formula for sworn.
Final compensation will be based on the highest annual average compensation earnable
during the 36 consecutive months immediately preceding the effective date of his or her
retirement, or some other 36 consecutive month period designated by the member.
Effective July 1, 2013, employees shall pay one half of the normal cost rate, as
established by CalPERS.
13.7 2.7% at 55 Service Retirement Benefit for Classic Miscellaneous Members. Effective
July 1, 2009, the City amended its retirement contract with CalPERS to provide Classic
Miscellaneous employees covered by this Agreement with the 2.7% at 55 Service
Retirement benefit. Pursuant to CalPERS regulations, this formula applied to employees
who were in active status on that date.
Commencing July 1, 2013, all classic non - safety employees covered by this agreement
(i.e., those subject to the Miscellaneous CalPERS formula) shall pay ten and one half
(10.5 %) percent of their salary to pay for the employer portion of the City's CalPERS
contribution. This payment shall be paid in accordance with Government Code section
20516(f). Pre - Taxable Benefit. To the extent permitted by CalPERS and Internal
Revenue Service regulations, the City shall make the above employee deductions pre -tax
contributions.
For "New Members" within the meaning of the California Public Employees' Pension
Reform Act ( PEPRA) of 2013
The PEPRA went into effect on January 1, 2013. The parties agree that if there is any
other clean up or other retirement legislation which goes into effect during this MOU and
if there are provisions of that legislation which, by law, automatically goes into effect,
either party may request to negotiate over the legislation, including over the impact.
Retirement Formula: Per Government Code Section 7522.20(a), the 2% at 62 retirement
formula for non - sworn.
Final compensation will be based on the highest annual average compensation earnable
during the 36 consecutive months immediately preceding the effective date of his or her
retirement, or some other 36 consecutive month period designated by the member.
Effective July 1, 2013, employees shall pay one half of the normal cost rate, as
established by CalPERS.
3. Health Insurance
12.1 During the term of this Agreement the City will contribute toward the payment of
premiums for health, dental and long -term disability insurance plans administered by the
Association for the benefit of the employees represented by the Association as follows:
A. Medical Insurance. Effective January 1, 2014, the City will contribute $1,335.00
per month for Health insurance.
B. Life Insurance. The City shall maintain in effect for the term of this Agreement
its existing life insurance plan for employees covered by this Agreement on the
same basis as said plan was offered to employees as of December 31, 1988 except
the term life insurance coverage for each affected employee will be in the amount
of twenty thousand dollars ($20,000), plus twenty thousand dollars ($20,000)
accidental death and dismemberment (AD + D) coverage, at no cost to the
employee.
4. Overtime
8.2 Definition.
A. Standard Work Period Overtime. Overtime for those employees assigned to the
Standard Work Period shall be authorized for required time worked in excess of
those hours assigned to their particular Standard Work Period Schedule workday
or hours in excess of 40 hours per Work Period. However, subject to Article 8.3
below, commencing on the first day of the pay period following City Council
approval of this MOU, if an employee uses sick leave or personal necessity leave
as provided for in this MOU in the same Standard Work Period in which he /she
works hours in addition to his /her regular hours, the sick leave and /or personal
necessity leave shall not count as work hours which shall mean that the additional
hours worked shall be paid at straight time if they are less than or equal to the
number of sick leave or personal necessity leave hours used in the Standard Work
Period. The use of such leave hours shall not affect overtime earned in
accordance with Article 8.16 of this MOU.
B. Alternative Work Period Overtime. Pursuant to this Agreement, employees
assigned to the Alternate Work Period shall earn overtime for authorized or
required time worked in excess of those hours assigned to their particular
Alternative Work Period Schedule workday or hours in excess of his or her
Alternative Work Period Schedule hours in a consecutive 28 day, 672 hour
period. However, subject to Article 8.3 below, if an employee uses sick leave or
personal necessity leave as provided for in this MOU in the same Alternative
Work Period in which he /she works hours in addition to his/her regular hours, the
sick leave and /or personal necessity leave shall not count as work hours which
shall mean that the additional hours worked shall be paid at straight time if they
are less than or equal to the number of sick leave or personal necessity leave
hours used in the Alternative Work Period. The use of such leave hours shall not
affect overtime earned in accordance with Article 8.16 of this MOU.
8.3 Computation of a Workday and Work Period. Paid leave for holidays, vacation, and
other time off with pay except for sick leave and personal necessity leave whose use
(effective on the first day of the pay period following City Council approval of this
MOU) does not count as hours worked shall be credited towards the total time worked in
3
computing a regular workday, and /or a work period, as defined herein. Work amounting
to less than six (6) minutes shall not be considered time worked. Overtime worked for
six (6) or more minutes shall be calculated in six (6) minute intervals. Leave without pay
shall not be credited towards the total time worked in computing a regular workday,
and/or a work period, as defined herein.
5. Compensatory Time Off Banks
8.4 Compensation for Overtime.
A. The preferable method by which overtime shall be compensated is by monetary
payment, at one and one -half (1 1/2) times the employee's regular rate of pay.
B. Should the Police Chief determine that the best interests of the City will be served
thereby, he or his designee may permit an employee to be compensated for
overtime work by earning compensatory time off at the rate of one and one -half (1
1/2) hours for each hour of overtime worked.
C. Effective on the first day of the pay period after City Council approval of this
MOU, all comp time banks in existence for employees represented by this
agreement shall be split into two separate banks.
1. The first bank, which will be called the "Non -FLSA Comp -Time Bank ",
shall have deposited into it all comp time earned as of that date in excess
of one - hundred (100) hours. All employees with comp time balances
below one - hundred (100) hours will not have a Non -FLSA Comp -Time
bank created for them. The Non -FLSA Comp Time Bank can never have
hours added to it. The hours in that bank can only be used as leave time
and when using such leave will not cause the City to have to pay another
employee overtime to fill behind the employee using the leave. The comp
time in this bank cannot be cashed out during employment, only at the
time the employee leaves City employment. If an employee uses the
comp time in this bank during employment and exhausts the entire accrual
in this bank, the employee's Non -FLSA Comp Time Bank will be closed
as no additional hours may accrue into this bank.
2. The second bank will be called the "FLSA -Comp time Bank". This bank
will have deposited into it comp -time employees have accrued up to one-
hundred (100) hours.
The FLSA Comp Time Bank has a maximum accrual of one - hundred
(100) hours. An employee who has 100 hours in this bank will earn
overtime paid at time and one half the employee's regular rate of pay for
overtime earned in accordance with this MOU. An employee who works
overtime and who has less than 100 hours in his /her FLSA Comp Time
Bank may be able to accrue hours (at the rate of 1.5 hours for each hour of
0
overtime worked) in accordance with subdivision (B) above. The Comp
time in this bank can be cashed in accordance with the provisions detailed
in Section 9.3.
D. Use of Comp Time from the FLSA Comp Time Bank.
1. When an employee submits a request for time off using accrued
compensatory time, and that employee has found a qualified replacement,
the time off request will be granted. A qualified replacement means that
the replacement officer or employee is able to fulfill the requirements of
the position to which the requesting officer is assigned.
a. Compensatory time off requests made for consideration during the
monthly scheduling meetings will be treated as any other time off
and granted only on the basis of seniority.
b. Pursuant to the 3 -12 Operating Rules, officers may trade work
days with other officers within the 28 -day deployment period.
Any trades must be approved by the affected Lieutenants and the
Field Operations Bureau Commander.
2. When an employee submits a request to take time off using accrued
compensatory time and the officer deployment is above minimum staffing
for the day requested, then the request will be granted without further
conditions. However, if the number of officers scheduled to work on the
day(s) of the request is at or below minimum staffing as defined by the
department, the compensatory time off request will be granted only if a
qualified replacement has volunteered and committed to work the
assignment left open by the request for time off. The volunteer may
exchange days off with the requesting employee within the 28 -day
deployment period, whichever applies, or may elect to receive overtime
compensation.
3. Requests for use of compensatory time off during holidays as defined by
this MOU must be submitted in time to be considered during the monthly
scheduling meeting held by bureau and division commanders for the
upcoming month. These requests will be considered by seniority and will
be granted only if officer deployment is above minimum staffing. The
policy of the department has been, and will continue to be, that
compensatory time off requested during a City- designated holiday will be
treated as any other time off request and will be granted in order of
seniority as long as minimum staffing levels are met. The replacement
policy in 8AD4 below will not apply to compensatory time off requests
submitted for consideration during monthly scheduling meetings.
5
4. Although it is always preferable for the officer to find a qualified
replacement when requesting the use of compensatory time off, if
provided sufficient notice of a request for time off, the department will
work with employees to find a qualified replacement. Sufficient notice
and reasonable period will be defined as follows:
a. Seventy -two (72) hours notice for one (1) day or less of time off
requested.
b. Five (5) calendar days notice for more than one (1) workday up to one
(1) workweek.
c. Fourteen (14) calendar days notice for more than one (1) week
compensatory time off request.
5. If an employee has provided sufficient notice of a compensatory time off
request, the department will work with the employee to find a qualified
replacement in the following manner:
a. The watch commander will maintain a calendar of time off that has
been requested in accordance with the guidelines listed above.
Qualified employees will be allowed to volunteer to work these shifts.
In the future, the department may develop, at its own discretion, an
automated schedule that will contain this information.
b. If an employee volunteers and signs up to work for another employee
who has requested compensatory time off, that volunteering employee
will be held responsible for working that full shift without further
reminder. Employees who do not show up to work, or retract their
offer to replace another officer, may be subject to disciplinary action
and may not be permitted to volunteer to work in this manner in the
future.
6. The watch commander shall send out an e -mail message to all officers
requesting a volunteer to cover the shift by switching days off or working
on overtime.
7. When a compensatory time off request is made in a manner that does not
comply with this policy, and granting that request would unduly disrupt
the operations of the department, the department may deny that request.
6. Assignment Seniority
11.12 Assignment Departmental Seniority
0
Effective July 1, 2013, employees covered by this agreement who are authorized to be on
an unpaid medical leave for twelve (12) weeks or less shall continue to accrue seniority
related to their particular assignment, as it relates to the badge number list or for any
other purpose concerning Police Department operations for which seniority is considered.
Once such leave of absence exceeds twelve (12) weeks, the employee will no longer
accrue seniority (for all purposes, including, but not limited to his/her classification,
assignment or rank). While such employee will not lose any of the seniority he /she has
previously earned, by not continuing to accrue seniority at that point, others who
previously were less senior may become more senior than such employee for seniority
purposes in the Department.
7. Limits on Vacation Carryover
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 400
hours in any one year by any combination of the vacations granted in this
Agreement. Further, no employee may carry over from one calendar year to the
next more than the equivalent of one longevity vacation period and the equivalent
of one regular vacation period from the previous two (2) years, and vacation not
taken beyond that amount is forfeited. Therefore, the maximum vacation that an
employee with less than six (6) years service could accumulate is 240 hours and
only an employee with more than 20 years of service could carry over and take
the authorized maximum of 400 hours in any one year.
B. For the calendar year period ending on December 31, 2013, an employee's
maximum year -to -year vacation carry over shall be increased by one (1)
additional longevity vacation period. Therefore, through December 31, 2015, an
employee may carry over from one calendar year to the next no more than the
equivalent of three (3) longevity vacation periods and the equivalent of one
regular vacation period from the previous two (2) years, and vacation not taken
beyond that amount is forfeited.
C. Effective January 1, 2016, the maximum yearly vacation carryover shall revert
back to that as set forth in subsection "A ", above, and any accumulated vacation
in excess of that maximum allowable carry over not used prior to January 1, 2017,
shall be forfeited.
D. Notwithstanding the foregoing, for any affected employee who is in jeopardy of
losing vacation because of department staffing needs, employee may, with
approval of the Police Chief, Executive Director of Personnel and City Manager,
receive a 30 -day extension beyond the normal cutoff date so that such employee
will not lose vacation time.
7
8. Catastrophic Leave
11.11 Catastrophic Leave Donation. In order to assist employees otherwise granted leave of
absence without pay by the City Manager because of a catastrophic, non - industrial
medical condition or injury, the City and Association agree to implement a Catastrophic
Leave Donation Program.
A. Guidelines. It shall be understood that all donations under this procedure are
voluntary and subject to taxation for the recipient.
1. Employees may donate vacation or compensatory time or holiday leave
time to the eligible employee. In no event shall sick leave be donated.
2. Employees shall be provided a two -week period to submit donations.
Donations received after this two -week period shall not be processed. The
two -week period for each case shall be designated by the Police Chief or
his designee as provided herein below.
3. All vacation, compensatory time or holiday leave time donations must be
made in two (2) hour increments. There is no limit on the amount of the
donation that can be made.
4. Any authorization of donations not made in accordance with the
procedures outlined in Section C, subparagraph 2 below, will not be
processed.
5. All donations shall be irrevocable.
6. In the event the recipient returns to work before leave donations have been
exhausted, any balance on the books shall be accrued by the recipient and
designated as sick leave and may be used pursuant to Article XI, Sections
11.1A through 11.1K above.
B. Eligibility. Full-time employees shall be eligible for catastrophic leave donations
if the following criteria are met:
I. When it is reasonably foreseeable that all accrued time on the books, such
as sick leave, compensatory time, vacation, and in lieu holidays, will be
exhausted and the employee's illness will continue past the time when the
employee will be on paid status.
2. The Police Chief or his designee has approved a written request for
donations accompanied by a medical statement from the employee's
attending physician. The attending physician's statement must verify the
employee's need for an extended medical leave and an estimate of the
time the employee will be unable to work.
I
C. Procedure.
1. Upon receipt of a valid request for donations from an eligible employee,
the Police Chief or his designee shall post a notice of the eligible
employee's need for donations on bulletin boards accessible to employees.
No confidential medical information shall be included in the posted notice.
2. Employees wishing to donate time to an eligible employee must sign his
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;
d. A statement indicating that the donor understands such donation of
time is irrevocable.
At the close of the two -week donation period, the department shall verify
that each donating employee has accrued vacation and/or comp 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.
The City shall add the donated time to the recipient's sick leave account.
D. Upon the death of any active employee receiving a benefit under this provision,
the City agrees to pay any unused Catastrophic Leave Donations remaining on the
books to the surviving beneficiary.
E. For those current employees with unused catastrophic leave on the books, the City
agrees to convert said unused catastrophic leave to sick leave for use in
accordance with the provisions of Article XI, Sections ll.1A through ILIK
above.
9. Release Time
8.14 Creation of Association Comp Time Bank.
A. Any member of the Association who works overtime, or has accrued but unused
holidays, can designate that he or she will contribute the value of such time to a
bank for use by members of the Association for the purposes and subject to the
restrictions provided herein.
B. Any member of the Association may receive time off for the welfare of officers,
community service and any lawful activity of the Association with pay drawn
from the bank described in Subsection A of this Section, provided that said
employee first gains approval for said use by the executive board of the
Association in the manner specified by its rules as adopted from time to time, and
subject to the approval or disapproval of the Police Chief consistent with the
operational needs of the Police Department.
C. No withdrawal or use of such bank may be made by or on behalf of an employee
ordered to take time off without pay for discipline imposed by the Police Chief or
his designee.
D. The City agrees that effective January 1, 2014, it will provide the SAPOA with a
quarterly accounting of all Association Comp Time accrued and used.
10. Joint Labor Management Study of Salary Schedule
4.14 Joint Labor Management Study — Salary Schedule.
The parties agree that at any time during- the term of this MOU either the City or the
Association may ask the other party to meet and negotiate over the implementation of a
new salary schedule.
11. Court Appearance Pay
8.13 Court Appearance. Compensation for court appearance by personnel 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, employees 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 court appearances are
made both in the morning and afternoon of a particular day, two (2) hours
overtime will be allowed for each session attended. If the employee is not
released 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.
10
B. A subpoenaed employee scheduled to appear in court on City business during off -
duty time may be placed on stand -by status by the Police Chief or his 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
stand -by status during any court session and is not required to appear in court,
such employees shall be compensated two (2) hours on a straight time basis, for
each court session. Such employee may elect, in lieu of paid time, two (2) hours
of comp time off for standby time and not appearing in court, with the approval of
the Police Chief. If such off -duty employee on stand -by actually appears in court,
he or she shall be compensated as provided in Subsection A, supra.
C. Employees assigned to the 3/12.5 or 7/12.5 Work Schedule who appear in court
during their regularly scheduled workweek, and as a result do not receive
adequate rest, will be allowed to flex their scheduled shift start time up to four
hours, with the approval of the employee's immediate supervisor and watch
commander, or immediate supervisor and section commander. Alternatively, the
employee may be allowed to use up to four hours from his/her "Comp Time
Banks" or at the beginning of their scheduled shift to ensure adequate rest.
I. An employee whose work shift ends or starts within thirty minutes of a
mandatory court appearance shall be compensated for those thirty minutes
at an overtime rate.
2. Effective on the first day of the pay period following approval of this
MOU by the City Council, employees assigned to a Watch 3 who are
required to appear in court following the end of his/her shift shall receive
an additional two hours of pay at time and one half for the inconvenience
of having to go to court after the end of his/her shift.
D. Employees who are on call for court during off -duty time, and who are called to
testify, will be paid at the overtime rate of time and a half of their regular hourly
rate, to include actual travel time from their home to court and back, or until their
regularly scheduled shift begins. Travel time will be limited to a maximum of
one (1) hour each way. Only that period of time devoted to work will be
compensated. Time spent on personal pursuits or other non -work related activity
will not be compensated.
E. Those employees who have advance notice of their required appearance in court,
have arranged an appearance time with the District Attorney's Office, or who
otherwise have advance notice of mandatory court appearances, will not be
compensated for travel time in any manner.
F. Employees who appear in court during off -duty hours may elect to start their
normal work shift early as specified herein.
11
G. A subpoenaed employee scheduled to appear in court on City business during off -
duty time and placed on standby status by the Police Chief or his authorized
representative will be compensated two (2) hours on a straight time basis if he or
she is not advised of the cancellation of his or her appearance within five (5)
Court business days of said appearance.
12. Personal Necessity Leave
11.1 Sick Leave.
J. Personal Necessity Leave. Each employee shall be afforded the opportunity to
use up to 66 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; and "parent" means a
biological, foster, adoptive parent, a stepparent, or a legal guardian.
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 home or other valuable
property; or (d) when the existence of external circumstances beyond the
employee's control make it impractical for him or her to report for duty. 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.
13. Holiday and Vacation Banks
10.3 Longevity Vacation.
A. Each permanent employee is granted additional hours of vacation leave with pay
for each computed year of full -time, continuous city service as set forth in the
following table. This additional vacation shall be designated longevity vacation.
Completed Hourlv Equivalent
Years of Additional Days
6 4
7 8
8 12
9 16
10 20
12
11 24
12 28
13 32
14 36
15 40
16 48
17 56
18 64
19 72
20 80
B. No employee becomes eligible for longevity vacation until completion of the
sixth year of continuous service, and each employee continues to earn the
maximum of 80 hours of longevity vacation for each completed year of service in
excess of 20 years.
C. A period of earlier service does not apply toward longevity vacation accumulation
when an employee has had a break in continuous service, unless the break in
service is concluded by reappointment, as provided in Section 9 -114 of the Santa
Ana Municipal Code or by reemployment from layoff within one (1) year.
D. Leave of absence without pay, as provided in Article XI, Section lE (Sick Leave -
Extended) and Section 10.8 (Authorized Absence Without Pay - Long Term)
herein, does not constitute a break in continuous service as used in this section;
however, the leave of absence period shall not be applied toward the
accumulation of longevity vacation. Absence on military leave followed by
reinstatement, as provided in Section 9 -143 of the Santa Ana Municipal Code
does not constitute a break in service, and the period of absence on such military
leave shall be applied toward the accumulation of longevity vacation.
Such option may be eliminated or modified at the discretion of the Department to
the extent it is construed as overtime under Department of Labor guidelines
implementing provisions of the Fair Labor Standards Act (FLSA).
E. Effective on the first day of the pay period after Council approval of this MOU,
employees covered by this Agreement shall be given an option once per calendar
year, to receive cash compensation computed on a straight time basis in lieu of up
to a total of forty (40) hours of their longevity vacation leave benefits set forth in
Subsection A above.
13
9.2 A. Holiday Leave Carryover - The parties agree to modify the maximum annual
holiday leave benefit carryover as follows: In 2014, 160 hours; 2015, 140 hours;
2016, 120 hours; in 2017, 100 hours; in 2018, 80 hours. By January 1, 2018, the
maximum annual holiday leave benefit carryover shall revert back to that as set
forth in subsection "9.2 ", above, and that any accumulated holiday leave benefits
in excess of that maximum allowable carryover limit not used or cashed out per
the provision below prior to December 31St each year, shall be forfeited. Said
hours shall be cashed out upon separation from employment, not to exceed a
maximum as follows: In 2014, 240 hours; 2015, 220 hours; 2016, 200 hours;
2017, 180 hours; 2018, 160 hours.
9.3 Cash O to ion. Employees covered by this Agreement shall be given an option twice per
calendar year to receive cash compensation ( "cash out ") computed on a straight time
basis in exchange for eighty (80) hours of their annual holiday leave benefits set forth in
Section 9.2 above. Specifically, employees may cash out up to 40 hours of holiday leave
benefits in April of each calendar year and an additional 40 hours of holiday leave
benefits in November of each calendar year. An employee that does not cash out holiday
leave benefits in April may cash out a maximum of 80 hours of holiday leave benefits in
November.
Such option may be eliminated or modified to the extent it is construed as overtime under
Department of Labor guidelines implementing provisions of the Fair Labor Standards Act
(FLSA).
14. Salary
4.3 Salary Adjustments.
A. The base salaries of Sworn employees covered by this Agreement shall be
adjusted as follows:
Effective July 1, 2013, the base salary of Sworn employees covered by this MOU
shall be increased by one percent (1 %).
15. Detective Assignments
3.5 DETECTIVE REDEPLOYMENT
For the period July 1, 2010 through June 30 2012, all employees assigned as detectives
(investigators) shall work one (1) day per month in the patrol function of the Field
Operations Bureau pursuant to a schedule as determined by the Chief of Police or his
designee.
5.1 Assignment Pay Differentials.
K. An incumbent, identified by the Police Department, who is continuously and
regularly assigned to and actually performing duties of a Detective /Investigator
14
assigned to the Investigations Division or Special Investigations Units as well as
Police Investigative Specialist, Background Investigator, Collision Investigator,
and Graffiti Task Force Investigator, 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. Notwithstanding the foregoing, the parties agree that effective on the pay
period following approval of this MOU by the City Council, employees assigned
to perform the duties of Detective /Investigator assigned to the Investigations
Bureau shall be subject to an annual review subject to organizational needs to
determine whether to continue the employee in the assignment. The annual
review shall occur prior to the annual patrol deployment sign -ups. An employee
who is informed that he /she will be removed from the assignment may appeal to
the Police Chief, but such appeal shall not be in accordance with the Public Safety
Officers' Procedural Bill of Rights as the parties agree that the Police Chief has
discretion to remove employees from the assignment as part of an annual rotation
in the assignment. The appeal will consist of a meeting with the Police Chief
whereby the employee has the right to try and convince the Chief why he /she
should not be removed from the assignment, but shall not be a formal hearing.
16. Career Development Pay
6.10 Career Development Pay.
Employees hired on or after January 1, 2014 shall be eligible to receive Career
Development Pay as follows:
A. Associate of Arts Degree. Upon attainment of an Associate in Arts Degree and five
(5) years of municipal police experience in the Police Officer or Police Sergeant
classification, of which thirty (30) months must be with the City of Santa Ana
Police Department, and attainment of "E" step, said employee will be paid at a rate
set ten (10) salary rate ranges (approximately 5 %) above his or her then current base
monthly salary step.
B. Bachelor's Degree. Upon attainment of a Bachelor of Arts or Science Degree and
seven (7) years of municipal police experience in the Police Officer or Police
Sergeant classification, of which thirty (30) months must be with the City of Santa
Ana Police Department, and attainment of `E" step, said employee will be paid at a
rate set an additional (10) salary rate ranges (approximately 5 %) for a total of 20
salary rate ranges (approximately 10 %) above his or her then current base monthly
salary step. If said employee obtains a Bachelor's Degree without attaining an
Associate in Arts Degree, he or she will be paid at a rate set twenty (20) salary rate
ranges (approximately 10 %) above his or her then current base monthly salary step.
C. Master's Degree. Upon attainment of a Masters of Arts or Science Degree and ten
(10) year of municipal police experience in the Police Officer or Police Sergeant
classification, of which thirty (30) months must be with the City of Santa Ana
Police Department and attainment of "E" step, said employee will be paid at a rate
set an additional (10) salary rate ranges (approximately 5 %) for a total of 30 salary
15
rate ranges (approximately 15 %) above his or her then current base monthly salary
step.
Agreed:
ward Raya, Executi e Director
of Personnel
1,!%6/13
Date
16
Agreed:
Joht F • nks, SAPOA President
Date