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HomeMy WebLinkAbout25B - AGMT - POA MOUREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 18, 2014 TITLE: AGREEMENT WITH THE POLICE OFFICERS ASSOCIATION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGOR Approve a consolidated Memorandum of Understanding with the Police Officers Association regarding wages and other terms and conditions of employment subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City and the Police Officers Association (POA) completed contract negotiations in October 2013 resulting in a side letter agreement to the Memorandum of Understanding (MOU). The MOU covers the period July 1, 2013 through June 30, 2015. This is to approve a comprehensive agreement that incorporates all the deal points that were already approved by Council via a side - letter agreement on October 21, 2013. The consolidated MOU has been approved and reviewed by the POA and City Attorney's office. FISCAL IMPACT There is no fiscal impact associated with this action. N,WQ&a__ EdWa`YJ S. Raya Executive Director Personnel Services Agency 2513-1 25B -2 JULY 1, 2013 - JUNE 30, 2015 MEMORANDUM OF UNDERSTANDING CITY OF SANTA ANA AND SANTA ANA POLICE OFFICERS ASSOCIATION 1 25B -3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA POLICE OFFICERS ASSOCIATION FOR FISCAL YEARS 2013 -14 THROUGH 2014 -15 TABLE OF CONTENTS ARTICLE I RECOGNITION 3 ARTICLE II NON - DISCRIMINATION CLAUSE 4 ARTICLE III ATTENDANCE, WORK PERIOD, WORK SCHEDULE & WORKDAY 5 ARTICLE IV SALARIES 9 ARTICLE V ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES 13 ARTICLE VI CAREER DEVELOPMENT PROGRAM 19 ARTICLE VII TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM 24 ARTICLE VIII OVERTIME 27 ARTICLE IX HOLIDAYS 35 ARTICLE X VACATION 38 ARTICLE XI OTHER LEAVES OF ABSENCE 43 ARTICLE XII EMPLOYEE INSURANCE 50 ARTICLE XIII RETIREMENT 51 ARTICLE XIV RELEASE TIME FOR ASSOCIATION REPRESENTATIVE 55 ARTICLE XV SAFETY 57 ARTICLE XVI RESIDENCY 59 ARTICLE XVII DISCIPLINE 60 ARTICLE XVIII GRIEVANCE REVIEW PROCEDURE 61 ARTICLE XIX DUES DEDUCTION AND INDEMNIFICATION 63 ARTICLE XX CITY RIGHTS 65 ARTICLE XXI STRIKES AND WORK STOPPAGES 67 ARTICLE XXII LAYOFFS 68 ARTICLE XXIII SOLE AND ENTIRE AGREEMENT 69 ARTICLE XXIV WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT 70 ARTICLE XXV SEPARABILITY PROVISION 71 ARTICLE XXVI TERM OF AGREEMENT 72 ARTICLE XXVII RATIFICATION AND EXECUTION 73 EXHIBIT A BASIC SALARY AND WAGE SCHEDULE 75 EXHIBIT B ASSIGNMENT OF CLASSES TO SALARY RATE RANGES 77 v 25B -4 ARTICLE I 1.0 RECOGNITION 1.1 Pursuant to the provision of the Meyers - Milias -Brown Act, Government Code Section 3500, et seq., the City of Santa Ana (hereinafter called the "City ") has recognized the Santa Ana Police Officers Association (herein called the "Association ") as the recognized representative of the bargaining unit which includes police department employees in the sworn, "safety- member" classifications and assignments of Police Officer, Senior Police Officer, Police Sergeant, Senior Police Sergeant and in the non - sworn, "miscellaneous- member" classifications and assignments of Animal Service Officer I and 11, Background Investigator, Communications Services Officer, Crime Research Analyst, DARE Officer, Darkroom Technician, Correctional Officer, Firearms Examiner, Forensic Specialist I and II, Forensic Services Supervisor, Parking Control Officer, Police Communications Supervisor, Police Community Services Specialist, Police Evidence and Supply Specialist, Police Investigative Specialist, Police Property and Evidence Specialist, Police Property and Evidence Supervisor, Police Recruit, Police Service Assistant, Police Service Officer, Police Services Dispatcher, Range master, Correctional Supervisor, Senior Parking Control Officer, and Traffic Services Specialist and excludes all other employees of the Police Department. 3 25B -5 ARTICLE II 2.0 NON - DISCRIMINATION CLAUSE 2.1 The City and Association agree that they shall not discriminate against any employee in violation of State or Federal law. The City and the Association shall reopen any provision of this Agreement for the purpose of complying with any order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provisions of this Agreement in compliance with State or Federal anti - discrimination laws. 2.2 Whenever reference is made to the masculine gender it shall be understood to include the feminine gender, unless expressly stated otherwise. 0 r ARTICLE III 3.0 ATTENDANCE, WORK PERIOD, WORK SCHEDULE & WORKDAY 3.1 Attendance. Employees covered by this Agreement shall be in attendance at their work location during hours prescribed by the Police Chief or his designee(s) and shall not absent themselves during prescribed hours without approval of the Police Chief or his designee(s). 3.2 Definitions, A. Standard Work Period. The Standard Work Period shall consist of a consecutive seven (7) day, 168 hour period. B. Alternative Work Period-207Q_ Exempt Emplo ees. The Alternative Work Period shall apply to all members of the Association who are peace officers, correctional officers or correctional supervisors who are exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) pursuant to Section 207(k), The 207(k) employees' Work Period shall consist of a consecutive 28 day, 672 hour time period. In conformance with the FLSA, members who are peace officers, correctional officers, or correctional supervisors shall not be eligible for FLSA overtime, as defined under the FLSA for employees assigned to the Alternate Work Period until they have worked in excess of 171 hours in the Alternate Work Period. Nothing in this section shall prevent a peace officer, correctional officer or correctional supervisor from earning overtime and being compensated for overtime based on the overtime provisions of ibis Agreement as stated in Article VIII of this Agreement. All overtime shall be paid at one and one -half (1 1/2) times the regular rate of pay. C. Work Hours. Work hours are the regularly scheduled hours of work as determined by the Police Chief or his designee. A "day" is defined as any consecutive 24 hour period. D, Work Schedules. At this time, the Police Chief has established the following work schedules. These schedules may be changed by the Police Chief subject to the provisions of the Meyers - Milias -Brown Act. Unless exigent circumstances exist, the Police Chief, or his designee, shall inform the Association prior to the changing of the below designated Work Schedules. I. Standard Work Period Schedules. a. 5/40 Work Schedule. Employees shall work five (5) eight hour workdays per seven (7) consecutive days, 168 hour Standard Work Period. Each workday shall consist of eight (8) hours of work and a 30 minute unpaid meal period. S 25B -7 b. 4/10 Work Schedule. Employees shall work four (4) 10 hour days per seven (7) consecutive days, 168 hour Standard Work Period. Each workday shall consist of 10 hours of work, and either a 30 minute or one (1) hour unpaid meal period. The determination as to a 30 minute or one (1) hour unpaid meal period shall be made by the Police Chief or his designee. C. 9/80 Work Schedule. Employees shall work four (4) nine hour days and one (1) four hour day in each seven (7) consecutive days, 168 hour Standard Work Period. Each nine (9) hour workday shall consist of nine (9) hours of work and either a 30 minute or one (1) hour unpaid meal period. The eight hour workday shall consist of four (4) hours applied to the first seven (7) day period and four (4) hours applied to the second seven (7) day period divided by either a 30 minute or one (1) hour unpaid meal period. The determination as to a 30 minute or one (1) hour unpaid meal period shall be made by the Police Chief or his designee. d, 12/40 Work Schedule. Employees shall work three (3) 12 hour and 30 minute workdays and one (1) four hour workday in each seven (7) consecutive day, 168 hour Standard Work Period. Effective November 1, 2004, each workday shall consist of 11 hours and 30 minutes of work, and a one (1) hour meal period, 30 minutes of which shall be paid and 30 minutes of which shall be unpaid, for a total of 12 hours and 30 minutes. The four (4) hour workday shall consist of four (4) hours of work. Alternate Work Period Schedules- 207(k) Exempt Employees a. 207(k) 3/12.5 Work Schedule — Patrol /Canine. Employees shall work thirteen 12 hour and 30 minute workdays in each 28 day FLSA Work Period. Of the 13 workdays, an employee assigned to this schedule shall be required to work one (1) 12 hour and 30 minute "payback" day each 28 day FLSA Work Period, scheduled or assigned pursuant to the Department's work schedule policy. Each workday shall consist of 12 hours of work and a 30 minute paid meal period. During each 28 day FLSA Work Period, employees shall work 162.5 hours. Upon completion of this work schedule, employees will earn an additional two (2) hours and 30 minutes of vacation time, provided they do not take leave without pay during that Work Period. Employees assigned to this schedule are compensated for their meal periods. Consequently, if an employee is unable to take his or her meal period, or is interrupted during his or her meal period, he or she shall not receive further r compensation. b. 207(k) 7/12.5 Work Schedule - Detention. Employees shall work three (3) 12 hour and 30 minute workdays in one (1) seven day period and four (4) 12 hour and 30 minute workdays in the next seven (7) day period, or alternatively, four (4) 12 hour and 30 minute workdays in the first seven (7) day period and three (3) 12 hour and 30 minute workdays in the following seven (7) day period. This cycle shall be repeated twice each 28 day FLSA Work Period. Effective November 1, 2004, each workday shall consist of 11 hours and 30 minutes of work and a one (1) hour meal period, 30 minutes of which shall be paid and 30 minutes of which shall be unpaid, for a total of 12 hours and 30 minutes. During each 28 day FLSA Work Period, employees assigned to the 207(k) 7/12.5 Work Schedule shall earn one (1) hour of vacation time if they do not take leave without pay during that Work Period. Correctional Officers will be compensated at the time and a half overtime rate for all time worked in excess of their regular work shift of 12.5 hours per workday. The overtime compensation will apply only to actual time worked beyond the regular shift and calculated in increments of six (6) minutes. C, 207(1) 4/10.5 Work Schedule- Detention Administration. Employees shall work seven (7) ten hour and 30 minute workdays and one (1) ten hour workday during each two (2) week period. This pattern will recur twice during the 28 day FLSA Work Period. Each 10 hour and 30 minute workday shall consist of 10 hours and 30 minutes of work and either a 30 minute or one (1) hour unpaid meal period. The 10 hour workday shall consist of 10 hours of work and either a 30 minute or one (1) hour unpaid meal period. The determination as to a thirty (30) minute or one (1) hour unpaid meal period shall be made by the Police Chief or his designee. d. 207(k) 4/10 Work Schedule. Employees shall work 16 ten hour workdays in each 28 day FLSA Work Period. Each workday shall consist of 10 hours of work and either a 30 minute or one (1) hour unpaid meal period. The determination as to a 30 minute or one (1) hour unpaid meal period shall be made by the Police Chief or his designee. e. 207 (k) 9/80 Work Schedule. Employees shall work five (5) nine hour workdays in one (1) seven (7) day span and three (3) nine hour workdays and one (1) eight hour workday in the second seven (7) day span, or alternatively three (3) nine hour workdays and one (1) eight hour workday in the first seven (7) day span and five (5) 25B -9 nine hour workdays in the second span. This cycle shall be repeated twice each 28 day FLSA Work Period. Each nine (9) hour workday shall consist of nine (9) hours of work and either a 30 minute or one (1) hour unpaid meal period. The eight (8) hour workday shall consist of eight (8) hours of work and either a 30 minute or one (1) hour unpaid meal period. The determination as to a 30 minute or one (1) hour unpaid meal period shall be made by the Police Chief or his designee. £ 207(k1 9/81 Work Schedule. Employees shall work 81 hours in a consecutive 14 day, 336 hour period. This cycle shall be repeated twice each 28 day FLSA Work Period. Employees shall work five (5) nine hour workdays in one (t) seven (7) day span and four (4) nine hour workdays in the second seven (7) day span. Each nine hour workday shall consist of nine (9) hours of work and either a 30 minute or one (1) hour unpaid meal period. While assigned to the 9/81 schedule, an officer shall earn two (2) hours of overtime during each 28 day FLSA Work Period, unless he or she takes leave without pay during the 28 day, 672 hour period. 3.3 Part Time Employment. During the term of this Agreement, no presently existing full - time positions will be eliminated as the result of the use of part -time employee(s) and, to the extent possible, when the workload of any one or more part-time employee(s) would justify the addition of a full -time position or positions, the parties will meet and confer regarding the addition of a full -time position or positions, subject to City Council approval. 3.4 Code Seven. Except for those employees assigned to Patrol, other employees whose meal periods are interrupted by the performance of job related duties, will receive another full, uninterrupted lunch period or will be compensated for their lunch period at their overtime rate of pay at time and one -half their regular rate of pay. For purposes of this section, "interrupted" shall mean a significant interruption of more than a few minutes (deminimus). For employees who receive a one -hour lunch period (half of which is paid) overtime compensation shall apply only to the unpaid half -hour. Unless exigent circumstances exist beyond the Department's control, employees assigned to Patrol shall be provided a 30 minute paid meal period. Should an employee's meal period be interrupted, every effort shall be made to allow the affected employee to resume his /her meal period for the remaining unused time, not to exceed the 30 minute total meal period. 3.5 DETECTIVE REDEPLOYMENT 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. 25B -10 Once each calendar year the Chief of Police shall conduct a review of the organization of the Police Department to determine whether positions and assignments currently in the Investigations Bureau represent a deployment of resources that best enables the department to provide police services to the city. The Chief of Police may, as a result of this review, remove positions and assignments from the Investigations Bureau and assign them, and the individuals who occupy them, to other bureaus or eliminate them and assign the individuals who occupy them to other positions and assignments in the department. The annual review and any re- assignment made as a result of the review shall be completed, including the appeal thereof outlined below, sufficiently in advance of the annual patrol deployment sign -up to enable those who will be assigned to Patrol to make use of their seniority when choosing patrol shifts and days off. Any employee who is informed that he or she will be removed from the Investigations Bureau and lose the Investigations assignment pay differential may appeal to the Chief of Police. Said appeal constitutes the sole administrative appeal of the Chief s decision, shall be conducted in an informal manner and the decision of the Chief shall be final. 25B -11 ARTICLE IV 4.0 SALARIES 4.1 Basic Compensation Plan. There is hereby established a basic compensation plan for all members of the Santa Ana Police Officers Association who are now employed or will in the future be employed in any of the designated classifications of employment listed in this Agreement and its attachments. 4.2 Salary Schedule. The basic salary schedule, attached hereto in a matrix format as Exhibit A, and made a part hereof as though set forth in full herein, provides numerous salary rate ranges, each comprised of five (5) steps or rates of pay, The respective rate ranges are identified by a three (3) digit number. The steps within each range are identified by the letters "A" through "E" inclusive, with the "A" step being the lowest step in the range. The purpose of each step and the length of service required for advancement to the next higher step within a particular salary rate range are set forth in Section 4.7 below. The assignment of classes to salary rate ranges is listed in Exhibit B, which is attached and made apart hereof as though set forth herein. 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 %). B. Effective July 1, 2013, all employees will contribute one percent (1 %) of their base salary plus pay additives through payroll deduction to a fund maintained by the Santa Ana Police Officers Association for the purpose of providing retiree health insurance premium reduction assistance. This payroll deduction for retiree health insurance premium reduction assistance will continue until such time as the parties may mutually agree to end said deduction. Additionally, effective October 1, 2013, and each October 15` thereafter, the City shall contribute an amount equal to three - quarters' percent (.75 %) of the bargaining unit's annual base salary, including pay additives (excluding overtime), for the purpose of providing retiree health insurance premium reduction assistance. 10 25B -12 4,4 Application of Basic Compensation Plan. The salary rate ranges and steps contained in Exhibit A are monthly salary rates. All officers and employees working in classifications of employment covered by this Agreement shall be compensated at a monthly rate, except that an employee hired for temporary work in a position which has an anticipated duration of less than six (6) months shall be paid at a rate per hour for actual time spent in the performance of the duties of his or her employment. Any hourly rate of pay, defined as the regular hourly rate of pay, shall be computed by dividing the monthly salary rate plus pay additives by 173.33. In determining the hourly rate as herein provided, computation shall be made to the nearest whole cent and a computation resulting in exactly one -half cent or higher shall fix the rate at the next higher whole cent. 4.5 Beginning Rates. A new employee of the City of Santa Ana shall be paid the rate shown as Step "A" in the salary rate range allocated to the class of employment for which he or she has been hired. In special instances where such new employee possesses unique and exceptional education, training and /or experience qualifications, the department head under whom the employee will serve, may submit a written request and justification to the City Manager for authorization to place such new employee on Step "B" or Step "C" within the allocated salary rate range, provided that such employee shall be assigned such salary step upon the commencement of his or her service in the classification of employment to which the salary rate range applies and such assignment having once been made shall remain in effect until the said employee shall be entitled to advance to the next salary step in accordance with the further provisions of this Article. 4.6 Service. The word "service" as used in this Agreement shall be deemed to mean continuous, full -time service in the classification in which the officer or employee is being considered for salary advancement, service in the higher classification or service in a classification allocated to the same salary rate range and having generally similar duties and requirements. Employees hired after the first (I 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 officer or employee for a period of time longer than thirty (30) calendar days by reason of resignation, quit, or discharge, shall serve to eliminate the accumulated length of service time of such officer or employee for the purpose of this Agreement and any such officer or employee reentering the service of the City shall be considered as a new officer or employee, except that he or she may be reappointed within one (t) year and may be placed in the same salary step in the appropriate salary range as he or she was at the time of termination of employment. 4.7 Advancement Within Ranges. The following regulations shall govern salary advancement within rate ranges: A. Length of Service Advancements. After the salary of an officer or employee has been first established and fixed under this plan, such officer or employee shall be advanced from Step "A" to Step "B" or from Step "B" to Step "C" or from Step "C" to Step "D," whichever is the next higher step to that on which the officer or 11 25B -13 employee has been previously paid, effective the first day of the month following the date of completion of the length of service for such advancement as provided in Exhibit B of this Agreement. B. Merit Advance. An officer or employee shall be considered for advancement from Step "D" to Step "E" upon the completion of the required length of service as provided in Section 4.2 and Exhibit A of this Agreement. The effective date of such merit increase, if granted, shall be on the first day of the month following the completion of such required length of service. Advancement to Step "E" may be granted only for continued meritorious and efficient service and continued improvement by the officer or employee in the effective performance of the duties of his or her position. Such merit advancement shall require the following: There shall be on file in the office of the chief personnel officer a copy of each periodic efficiency or performance report required to be made on the officer or employee by the Santa Ana Municipal Code and/or the City Manager during the period of service time of such officer or employee subsequent to this last salary advancement. 2. The Police Chief, at least twenty (20) calendar days prior to the anticipated completion of such officer's or employee's required length of service, shall file with the City Manager a statement recommending the granting or denial for the merit increase and supporting such recommendations with specific reasons therefore. 3. No advancement in salary above Step "D" shall become effective until approved by the City Manager, except when placement on a salary step above Step "D" results from promotion under the provisions of Section 4.9 of this Article. C. Length of Service Required When Advancement Denied, When an officer or employee has not been approved for advancement to the merit step E, he or she may be reconsidered for such advancement after the completion of three (3) months of additional service and shall be reconsidered for such advancement after the completion of six (6) months of additional service. This reconsideration shall follow the same steps and shall be subject to the same actions as provided in Subparagraphs B (2) and B (3) of this Section. 4.8 Reduction in Salary Steps. Any officer or employee who is being paid on merit step E may be reduced to Step "D" of the appropriate salary range, upon the recommendation of the Police Chief, and the approval of the City Manager. Procedure for such reduction shall follow the same procedure as outlined for merit advancements in Section 4.7 above, and such officer or employee may be considered for re- advancement under the same provisions as contained in Subsection C of Section 4.7. 12 25B -14 4.9 Promotional Salary Advancement. When an officer or employee is promoted to a position in a higher classification from a position in a lower classification in the same occupational career ladder, he or she shall be reassigned to Step "A" in the appropriate salary rate range for the higher classification; provided however, that if the base salary step currently being paid such officer or employee is already equal to or higher than said Step "A," he or she will be placed in the lowest step in the appropriate salary rate range as will grant that officer or employee an increase of at least one (1) salary step over his or her current base salary step including any additive or additives such as career development or educational incentive pay, but excluding shift differential, assignment pay and bilingual pay. 4.10 Demotion. When an officer or employee is demoted to a position in a lower classification, his or her salary rate shall be fixed in the appropriate salary rate range for the lower classification in accordance with the following provisions: A. The salary rate shall be reduced by at least one (1) step. B. The new salary rate must be within the appropriate salary rate range. C. The new salary rate shall not be higher than the salary step to which the officer or employee would have been entitled had his or her service time in the higher classification been spent in the lower classification. D; If the salary rate recommended by the Police Chief is lower than the maximum step permissible under Subsection C above, such recommendation shall be considered a reduction in pay in addition to the demotion and shall be handled in accordance with the provisions for salary reductions (Section 4.8, above). 4.11 Reallocation of Salary Rate Ranges. Any officer or employee who is employed in a classification which is reallocated to a different salary rate range from that previously assigned shall be retained in the same salary step in the new salary rate range as he or she had previously held in the prior rate range and shall retain credit for length of service in such step towards advancement to the next higher step. 4.12 Deferred Compensation. If, during the term of this Agreement, the City agrees to match employee Deferred Compensation contributions for members of any other bargaining unit, then employees covered by this Agreement shall receive the same benefit. 4.13 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. 13 25B -15 ARTICLE V 5.0 ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES 5.1 Assignment PU Differentials. Effective the first day of the first full month following Council approval of this Agreement, assignment pay differentials, as listed herein and throughout the contract, 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. An incumbent in the class of Police Services Dispatcher who is continuously and regularly assigned to and actually performing in a lead supervisory and trainer capacity over an assigned shift of Police Services Dispatchers will be paid at a rate set ten (10) salary rate ranges (approximately 5.0 %) above his or her then current base monthly salary step. B. Personnel in the class of Forensic Specialist I, who are regularly and continuously assigned to and actually performing duties in a "lead" supervisory capacity over a primary functional unit of Forensic Specialist I employees, will be paid at a rate set ten (10) salary rate ranges (approximately 5.0 %) above their then current base monthly salary step. C. An incumbent in the class of Police Officer who is continuously and regularly assigned to and actually performing duties of a Corporal 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. If a Corporal is assigned to lead a work unit without a Sergeant, he or she will be paid an additional five (5) salary rate ranges (approximately 2.5 %) above his or her base monthly salary step for such assignment. At the present time, Directed Patrols and Civic Center Patrol units are examples of such assignments. D, An incumbent in the class of Correctional Officer who is continuously and regularly assigned to and actually performing duties of a Senior Correctional Officer 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. E. The Police Chief at his discretion and based on the department's need may assign sworn officers to standby status for non -work days or other days as deterniined by the Police Chief. Officers thus assigned will be compensated at the rate of two (2) hours of straight time per day of standby duty. Officers assigned to standby status on non -work days will not lose their standby pay when called to duty, if they have been on call for at least six (6) hours when called. If officers on standby status are 14 25B -16 called to duty after having been on call for less than six (6) hours, they will be paid for their response to work, but not for their standby status. F. An employee who is continuously and regularly assigned as a Training Officer working in Field Operations, the Detention facility, or as a Forensic Specialist II 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. G. An employee who is continuously and regularly assigned to and actually performing duties of an Internal Affairs Officer 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. II. An employee who is continuously and regularly assigned to perform training functions as a Parking Control Officer 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. I. An incumbent in the class of Police Officer who is continuously and regularly assigned as a Canine Officer will be paid at a rate set ten (10) salary rate ranges (approximately 5 %) above his or her then current base monthly salary step. This pay shall be considered compensation for the care and feeding of the dog and will be in lieu of the thirty (30) minutes of time each day currently provided for such purpose. J. An incumbent in the class of Police Officer who is continuously and regularly assigned to and actually performing duties of a Motor Officer assigned to the Traffic Division 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. K. An incumbent, identified by the Police Department, who is continuously and regularly assigned to and actually performing duties of a Detective /Investigator 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. L. Employees in the class of Correctional Officer or Correctional Supervisor, who is continuously and regularly assigned to either the 207(k) 7/12.5 Detention Work Schedule, or the 4/10.5 Detention Administration Work Schedule, shall be paid at a rate set six (6) salary rate ranges (approximately 3 %) above his or her then current base monthly salary step. This assignment pay is compensation for the additional 30 minutes work or briefing time each day. 1s 25B -17 M. Personnel in the class of Firearms Examiner who are regularly and continuously assigned to and actually performing duties in a "lead" supervisory capacity over a primary functional unit, will be paid at a rate set ten (10) salary rate ranges (approximately 5.0 %) above their then current base monthly salary step. N. Notwithstanding the specific provisions of Article V, Section 5. 1, A — M, supra, an incumbent who is regularly and continuously assigned to lead a functional unit which includes positions in the same or lower classifications as the incumbent, may be compensated for said duties upon mutual agreement of the City and POA and approval of the Police Chief and the Executive Director of Personnel Services. This compensation shall be referred to as "lead pay." 0. An incumbent in the class of Forensic Specialist I or Forensic Specialist II who is continuously and regularly assigned as a Tenprint — AFIS Technician 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. P. An incumbent in the class of Forensic Specialist I or Forensic Specialist It who is continuously and regularly assigned as a Fingerprint Analyst 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. In no event shall an incumbent receive more than ten (10) salary rate ranges (approximately 5 %) more than his or her then current base monthly salary step for performing the duties of both the Tenprint — AFIS Technician and Fingerprint Analyst. 5.2 Shift Differential Non -Sworn Personnel. Each employee in the classes of Animal Service Officer I, Animal Service Officer II, Forensic Specialist 1, Crime Research Analyst, Forensic Specialist II, Police Communications Supervisor, Police Investigative Specialist, Police Property & Evidence Specialist, Police Service Officer, Police Evidence and Supply Specialist, Police Services Dispatcher, Communications Services Officer, Correctional Officer, Correctional Supervisor and Parking Control Officer who is continuously and regularly assigned to a schedule of work which requires that he or she actually work a minimum of four and one -half (4 1/2) hours between the hours of 5:00 P.M. and 7:00 A.M. will be paid a shift differential at a rate set ten (10) salary rate ranges (approximately 5.0 %) above his or her then current base monthly salary step. 5.3 Bilingual PaY. Qualified employees who meet the following criteria shall be paid a monthly pay differential, above his or her base monthly salary step, as follows: A. Assignment by the Police Chief or his designee to a position requiring bilingual capability in both English and one of the following languages: Spanish, Samoan, Vietnamese, Cambodian, Korean, Hmong or other language designated by the City Manager; and 16 25B -18 B. Certification by the chief personnel officer as having satisfactorily demonstrated the required level of fluency in both languages. C. Sworn; Street Level Proficiency in Spanish: A Police Officer or Sergeant who successfully demonstrates the required level of bilingual fluency as determined by the chief personnel officer shall be paid a bilingual pay differential in an amount equal to the product obtained by multiplying the Step "E" base salary rate of Police Officer by five (5) salary rate ranges (approximately 2.5 %), Employees receiving "Street Level Proficiency" incentive pay may be required, as a condition of continued eligibility to receive such incentive pay, to successfully complete an eight (8) hour refresher course once every twelve months from the date of initial certification. D. Sworn: Complex Level Proflcfency is Dasinaled Languages. A Police Officer or Police Sergeant who successfully demonstrates the required level of bilingual . fluency as determined by the chief personnel officer shall be paid a bilingual pay differential in an amoLmt equal to the product obtained by multiplying the Step "E" base salary rate of Police Officer by ten (10) salary rate ranges (approximately 5 %). E. Non Sworn Secondary Level Proficiene in Designated Languages. A non- sworn employee who successfully demonstrates the required level of bilingual fluency as determined by the chief personnel officer shall be paid a monthly differential of forty dollars ($40) above his or her then current base monthly salary step. F. Non - sworn: Primary Level Proficienev in Designated_ Languages. A non -sworn employee who successfully demonstrates the required level of bilingual fluency as determined by the chief personnel officer shall be paid a monthly differential of one hundred seventy -five dollars ($175) above his or her then current base monthly salary step. 5.4 All assignments to positions set forth in Sections 5.1, 5.2, 5.3 above of sworn and non- sworn personnel shall be made or revoked in a fair manner at the discretion of the Police Chief. 5.5 Temporary Upgrade Assignment Pay. The parties acknowledge that from time to time it may be necessary for the department to fill a temporarily vacant, full -time budgeted, higher -level position due to the temporary absence of the incumbent. The parties agree that such a position may be filled by an eligible unit member for an initial period of up to six (6) months, and at the discretion of the Chief of Police, for an additional six (6) months; and that the employee assigned to fill such a position shall receive Temporary Upgrade Assignment Pay as set forth below: 17 25B -19 A. Eligibility. Full -time employees shall be assigned to fill a vacant, full -time budgeted, higher - level position, and shall receive Temporary Upgrade Assignment Pay for filling that position, when the occupier of that position is not performing the duties of that position for a period of two (2) consecutive calendar weeks or more. An employee filling a position under this section who is absent for two (2) days or less during the two (2) consecutive calendar week period will not lose his or her eligibility for Temporary Upgrade Assignment Pay; however, the days of absence shall not be counted in the computation of the two week period. In computing qualifying service or temporary upgrade assignment pay only full days of actual duty shall be included. Partial days shall not be combined to make full days unless they are holiday hours. Holiday time off will be included in computing actual duty days. Employees holding the position immediately subordinate to the vacant, full -time, budgeted, higher -level position to be filled shall be given first consideration to said position consistent with the operational needs of the department. When there is more than one (1) employee holding the position immediately subordinate to the vacant, full -time, budgeted, higher -level position to be filled, the most senior employee holding one of the immediately subordinate positions shall be assigned to said position consistent with the operational needs of the department. Non - permanent employees (probationary, part-time, seasonal, etc.) and employees performing work above their regular class in a training capacity shall not be assigned to a vacant, full -time, budgeted, higher -level position in accordance with this section unless specifically authorized by the City Manager. B. Compensation. After an employee has served two (2) consecutive calendar weeks in a vacant, full -time, budgeted, higher -level position, he shall be compensated at the Temporary Upgrade Assignment Pay rate for each full day that he is assigned to the higher -level position, retroactive to the first (1s) day of said assignment. 2. An employee serving in a Temporary Upgrade Assignment will be paid a temporary assignment pay premium at a rate set ten (10) salary rate ranges (approximately 5 %) above their then current base monthly salary step. 3. An employee assigned to a vacant, full -time budgeted, higher -level position not represented by this bargaining unit will retain all fringe benefits afforded to members of this bargaining unit, if the employee remains eligible for such pay while in the temporary assignment, in 18 25B -20 accordance with this MQU, but will not be eligible for any benefits afforded to members of the bargaining unit for the position to which he or she is temporarily assigned. 4. An employee assigned to a vacant, full -time, budgeted, higher -level position will continue to accrue, and have recorded, general, special, or normal salary step increases in the employee's permanent position; however, such salary increase will be paid only to maintain the minimum ten (10) salary rate range (approximately 5 %) differential required by this section. 19 25B -21 ARTICLE VI 6.0 CAREER DEVELOPMENT PROGRAM 6.1 Definitions. For the purpose of clarifying the criteria for the Police Career Development Program designations set forth in Sections 6.2 through 6.8 of this Article, the following definitions apply. It is the responsibility of the employee regardless of rank or classification, to notify the police department human resources of the completion of any Career Development Pay requirements and to provide the required proof of completion or eligibility. Any Career Development pay additive shall not commence until the department is notified by the employee of obtaining eligibility and all required proof of eligibility is received by the department A. Educational Units. One (1) completed "semester" unit in an academic course of instruction approved by the Police Chief and in an accredited college or university shall equal one (1) educational unit, One (1) "quarter" unit achieved in an educational institution as above shall equal two - thirds (2/3) of an educational unit. "Trimester" units or other standards of measurement used as a basis in awarding scholastic credits will be accorded the same evaluation and weight as provided by the respective accredited college or university. Only completed coursework credited with a letter grade "C" or better or a grade of "Pass" when evaluated by the "Pass /Fail" method will be accepted. If such ratings are not rendered for a specific course, then a certificate of successful completion must be submitted. B. Training Units. 'twenty (20) classroom hours or its equivalent of approved police training shall equal one unit. Regular, periodic, on -the -job training programs shall not be considered as fulfilling this requirement. Neither shall the special training required for Crime Scene Investigators and Advanced Officers or other similar mandatory training (e.g., First Aid, C.P.R. Recertification, etc.) nor the basic introductory training or similar training given an employee during his or her probationary period be given credit for the awarding of training units. 1, When college credit is awarded for special training in police work, such units of credit may be counted for either training units or educational units as the officer may select. 2. Training units may be earned by the assignment to and performance of sworn police officer duties (other than uniformed field patrol work in Field Operations Division) with one (1) full and continuous month of such assignment equal to one (1) training unit. Credit for experience in assignments other than patrol work in Field Operations shall not be given, unless at least three (3) full and continuous months of such assignment have been completed. Not more than six (6) units of training through assignment to non - patrol duties may be earned in any one (1) year and not more than fifteen (15) such training units by assignment shall be used in meeting the criteria for the Police Career Development Program designations as set out in 20 25B -22 this Article. 6.2 Crime Scene Investi ator C.S.L . Any sworn, safety - member Police Officer who attains the following educational and experience requirements and the approval as set out below shall be paid an additional five (5) salary rate ranges (2.5 %) above his or her then current base monthly salary step. The criteria for such designation shall be as follows: A. Completion of two (2) years of experience as a sworn Police Officer, at least one of which shall be in the Santa Ana Police Department. B. Completion (acquisition) of at least thirty (30) educational and /or training units. C. Assignment to and actual performance of the duties and responsibilities of a C.S.I. D. Completion of a special training course for Crime Scene Investigators as developed and administered by the Santa Ana Police Department or such alternative course as designated for such purpose by the Police Chief. E. Approval of the Police Chief. The number of such designations as C.S.I. shall be no larger than the requirements of the department as determined by the Police Chief. 6.3 Senior Police Officer 1. Any sworn, safety- member Police Officer, regardless of duty assignment, who fulfills the requirements established in this section shall be designated as a Senior Police Officer I and shall be paid at a rate set fifteen (15) salary rate ranges (approximately 7.5 %) above his or her then current base monthly salary step. The criteria for such designation shall be as follows: A, Completion of five (5) years of municipal police experience in the Police Officer classification, of which thirty (30) months must be with the Santa Ana Police Department, B, Completion (acquisition) of at least sixty (60) educational and /or training units. C. Approval of the Police Chief. 6.4 Senior Police Officer II. Any sworn, safety - member Police Officer, regardless of duty assignment, who fulfills the requirements established in this section shall be designated as a Senior Police Officer II and shall be paid at a rate set twenty -five (25) salary rate ranges (approximately 12.5 %) above his or her then current base monthly salary step in the Police Officer classification. The criteria for such designation shall be as follows: A. Completion of seven (7) years of municipal police experience in the Police Officer classification, of which thirty (30) months must be with the Santa Ana Police Department. 21 25B -23 B. Completion (acquisition) of at least ninety (90) educational /training units; or possession of an Associate of Arts degree from an accredited college with an additional thirty (30) or more educational /training units. C. Approval of the Police Chief, 6.5 Senior Police Officer III. Any sworn, safety- member Police Officer, regardless of duty assignment, who fulfills the requirements established in this section shall be designated as a Senior Police Officer III and shall be paid at a rate set thirty (30) salary rate ranges (approximately 15 %) above his or her then current base monthly salary step in the Police Officer classification. The criteria for such designation shall be as follows: A. Completion of nine (9) years of municipal police experience in the Police Officer classification, of which thirty (30) months must be with the Santa Ana Police Department. B. Completion (acquisition) of at least one hundred twenty (120) educational /training units; or possession of an Associate of Arts degree from an accredited college with an additional sixty (60) or more educational /training units. C. Approval of the Police Chief. 6.6 Senior Police Sergeant I. Any officer holding the rank of Police Sergeant in the Santa Ana Police Department, regardless of duty assignment, who fulfills the requirements established in this section shall be designated as a Senior Police Sergeant I and shall be paid at a rate set fifteen (15) salary rate ranges (approximately 7.5 %) above his or her then current base monthly salary step. The criteria for such designation shall be as follows: A. Completion of five (5) years of municipal police experience and be eligible for "B" step of the base salary rate range of the Police Sergeant class. "Eligible" as defined only for Section 6.6(A) means that a Police Sergeant shall be considered for advancement from Step "D" or "E" to Senior Police Sergeant I upon the completion of the required length of service as provided in Section 4.2 and Exhibit A of this Agreement; the effective date of such increase shall be on the first day of the month following completion of such required length of service. B. Completion (acquisition) of at least sixty (60) educational and /or training units. C, Approval of the Police Chief. 6.7 Senior Police Sergeant II. Any officer holding the rank of Police Sergeant in the Santa Ana Police Department, regardless of duty assignment, who fulfills the requirements 22 25B -24 established in this section shall be designated as a Senior Police Sergeant I1 and shall be paid at a rate set twenty -five (25) salary rate ranges (approximately 12.5 %) above his or her then current base monthly salary step in the Police Sergeant class. The criteria for such designation shall be as follows: A. Completion of seven (7) years of municipal police experience and be eligible for "E" step of the base salary rate range of the Police Sergeant class. "Eligible" as defined only for Section 6.7(A) means that a Police Sergeant shall be considered for advancement from Step "D" or `E" to Senior Police Sergeant II upon the completion of the required length of service as provided in Section 4.2 and Exhibit A of this Agreement; the effective date of such increase shall be on the first day of the month following completion of such required length of service. B. Completion (acquisition) of at least ninety (90) educational and/or training units; or possession of an Associate of Arts academic degree from an accredited college with an additional thirty (30) or more education or training units. C. Approval of the Police Chief. 6.8 Senior Police Sergeant I11. Any officer holding the rank of Police Sergeant in the Santa Ana Police Department, regardless of duty assignment, who fulfills the requirements established in this section shall be designated as a Senior Police Sergeant III and shall be paid at a rate set thirty (30) salary rate ranges (approximately 15 %) above his or tier then current base monthly salary step in the Police Sergeant class. The criteria for such designation shall be as follows: A. Completion of nine (9) years of municipal police experience and be eligible for "E" step of the base salary rate range of the Police Sergeant class. "Eligible" as defined only for Section 6.8(A) means that a Police Sergeant shall be considered for advancement from Step "D" or "E" to Senior Police Sergeant III upon the completion of the required length of service as provided in Section 4.2 and Exhibit A of this Agreement; the effective date of such increase shall be on the first day of the month following completion of such required length of service. B. Completion (acquisition) of at least one hundred twenty (120) educational /training units; or possession of an Associate of Arts academic degree from an accredited college with an additional sixty (60) or more educational /training units. C. Approval of the Police Chief. 6.9 Career Development Program - Non - Sworn. Effective the first day of the first full month 23 25B -25 following Council approval of this Agreement, an incumbent in one of the classes designated as "non- sworn" covered by this Agreement shall earn an additional amount as follows: A. Upon attainment of an Associate in Arts Degree and five (5) years' experience with the City of Santa Ana, said employee 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. B. Upon attainment of a Bachelor of Arts or Science Degree and with five (5) years' experience with the City of Santa Ana, said employee will be paid at a rate set an additional (5) salary rate ranges (approximately 2.5 %) for a total of 10 salary rate ranges (approximately 5 %) 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 ten (10) salary rate ranges (approximately 5 %) above his or her then current base monthly salary step. 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 3 0 salary rate ranges (approximately 15 %) above his or her then current base monthly salary step. OX , 25B -26 ARTICLE VII 7.0 TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM 7.1 Pru lose. 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 Eli ibili . 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 the various Boards of Education. Workshops, seminars, conferences and similar activities not identifiable as a formal course of instruction within the curriculum of a recognized educational institution, do not fall within the purview of this program but may be authorized and funded by the interested department without coordination with the Personnel Services Department. G. When an employee is required by the Police Chief to attend a particular course or 25 25B -27 seminar, the expense shall be borne entirely by the City. H. For specifics regarding this Article, please refer to Santa Ana Police Department Training Bulletin 02 -07 - Scheduling of Training Days and Travel Time Compensation. 7.3 Reimbursement. A, Reimbursement will be based on the cost of tuition or registration fees and all required texts, eBooks and related material for each course. Additional expenses such as meals and parking fees are not reimbursable. B, Costs for required texts and eBooks are eligible for one hundred percent (100 %) reimbursement subject to the following conditions: 1, For textbooks: a duplicate of the required textbook(s) was unavailable for loan from the departmental libraries prior to the commencement of coursework; 2. For textbooks: any textbook(s) purchased by the City shall be submitted to the employee's respective departmental library in order that such text(s) may be made available to all employees. C, Tuition or registration costs of one hundred dollars ($100.00) or less are eligible for one hundred percent (100 %) reimbursement. Tuition costs in excess of one hundred dollars ($100.00) are eligible for seventy -five percent (75 %) reimbursement. Maximum tuition reimbursement per semester is five hundred dollars ($500.00) with a maximum of $1,500 a year. NOTE: Summer and winter sessions shall be counted as separate "semesters" for purposes of the program. D, Employees shall be limited, for purposes of tuition reimbursement, to a maximum of two (2) collegiate level courses of not more than a total number of units which is equivalent to six (6) "semester" units per semester. One (1) "quarter" unit shall equal two - thirds (2/3) of one (1) "semester" unit. 7.4 Procedures, A. An employee who desires to seek tuition reimbursement under the provisions of this Article must complete an Application for Training and Educational Assistance form and submit it to the Police Chief. B. The Police Chief will recommend approval or disapproval and forward the application to the Personnel Services Department. It is advisable that the applicant accomplish the procedures so far described prior to the inception of the course or disbursement of personal funds in order to ascertain the eligibility of the 26 25B -28 intended course of instruction for reimbursement under the provisions of this policy. C. Within three months after he /she has completed the course and received his /her final grade, the employee must include official verification of his /her final grade with appropriate receipts for tuition and textbook costs to the Personnel Services Department. These will be returned to the employee upon request. Applications not submitted to the Personnel Services Department within three months following completion of the course become void. D. Upon receipt of the required documentation, the Personnel Services Department will determine whether the completed course of instruction is compatible with the provisions of Sections 2 and 3 of this Article. If found to be compatible, the Personnel Services Department will compute the amount of reimbursement, authenticate the application, and forward it to the Police Chief. E, The Police Chief will then authorize the Finance and Management Services Department to reimburse the employee the approved amount out of the budget of the Police Department. 27 25B -29 ARTICLE VIII 8.0 OVERTIME 8.1 General Policy for Overtime Work. Whenever it shall be determined to be in the public interest for employees to perform overtime work, or in an emergency situation, the City Manager, the Police Chief, or an authorized representative of the City Manager or Police Chief, may require an employee to perform overtime work. 8.2 Definition. A. Standard Work Period Overtime. Overtime for those employees assigned to the Standard Work Period shall be authorized or 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. Effective on the first day of the pay period following City Council approval of this MOU, paid leave for holidays, vacation, and other time off with pay, except for sick leave and personal necessity, () shall be credited towards the total time worked in computing a regular workday, and /or a work period, as defined herein. Sick leave and personal necessity shall not count as hours worked towards the total time worked in computing a regular workday and /or a work period. Work i 25B -30 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. 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. This time, hereinafter identified as "comp time" shall be accrued as set forth below. 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. 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 horns 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 overtime worked) in accordance with subdivision (B) above. The Comp 29 25B -31 time in this bank can be cashed in accordance with the provisions detailed below . a. Beginning July 1, 2013, each affected employee who has accrued comp time credits in the FLSA Comp Time Bank, may elect to convert up to twenty (20) hours of such accrued time each calendar year quarter to the cash equivalent thereof, to a maximum of eighty (80) hours per calendar year. 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 30 25B -32 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 8.4 D.4 below will not apply to compensatory time off requests submitted for consideration during monthly scheduling meetings. 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 31 25B -33 comply with this policy, and granting that request would unduly disrupt the operations of the department, the department may deny that request. 8.5 Incremental Usage. Time off with pay to compensate for overtime worked may be taken in increments as small as one -half (1/2) hour. 8.6 Excess Usage. If compensatory time off is used in excess of that available, such excess compensatory time off will first be deducted from any available comp time bank, vacation benefits and finally, deducted from the next scheduled wage or salary payment. 8.7 No Effect on Other Benefits. Overtime work shall not apply to the earning of employee benefits (retirement, holidays, vacation accrual, sick leave accrual and employee insurance benefits), toward the completion of probationary period or to progression within a salary rate range. 8.8 Overtime Work to be Apportioned. To the extent that he is reasonably able to do so, the Police Chief shall arrange work programs to minimize overtime work; necessary overtime work shall be apportioned among employees of like classification and assignment. 8.9 Advance Compensation for Overtime. Time off with pay as compensation for overtime may not be granted or taken in advance of the overtime work for which the time off compensates. Before compensatory time off with pay may be taken, as herein provided, the overtime worked must have been recorded on official payroll records at or about the time the overtime work was performed. In the absence of such recording, no compensatory time off with pay will be permitted. 8.10 Compensation for Overtime: Exclusions, Overtime pay or comp time shall be allowed an employee for attendance at conventions, conferences, seminars or the like, as long as prior authorization is received. Overtime pay or comp time pay shall be permitted only for attendance which is ordered on such employee's normal days off or for time beyond a normal workday's duration. Please refer to Santa Ana Police Department Training Bulletin 02 -07 for details. 8.11 Call- Back -Duty. A. Employees who are on call during their off -duty time due to their assignment (i.e., Homicide Investigators, Internal Affairs Sergeants, Crimes Against Persons Sergeants, etc.) and are called back to work will be paid for their travel time at the overtime rate from the time they leave their home until the time they return home, or until their regularly scheduled shift begins. Only that period of time devoted to work will be compensated. B. Employees who are ordered back to work while off -duty because of an emergency or other unforeseen event will be paid for travel time at the overtime rate from the 32 25B -34 time they leave their home until they return home, or until their regularly scheduled shift begins. Only that period of time devoted to work will be compensated. C. Employees who are called at home and offered voluntary overtime work, and elect to accept the offer, will not be compensated for travel time in any manner. Similarly, employees who sign up for voluntary overtime, or who have advance notice that they will have to work during their off -duty time on an overtime basis, will not be compensated for travel time. 8.12 t\ucrtted Overtime Paid Upon Promotiorrs or Upon Separation. Upon an employee's appointment to a position in which overtime may not be earned or upon an employee's separation from employment with the City by resignation, retirement, layoff or otherwise, he or she shall forthwith be compensated for any overtime accumulated to the time immediately preceding such promotion or separation. 8.13 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. 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 33 25B -35 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" at the beginning of their scheduled shift to ensure adequate rest, 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 will have the option of remaining on duty or ending their shift. Employees that continue active duty will be compensated at time and one half while on duty. Employees that end their shift will be unpaid prior to their court appearance. 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. 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. 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 34 25B -36 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 (at the end of March, June, September and December) of all Association Comp Time accrued and used. . 8.15 Declaration of State of Emergency. Emergencies shall be governed by the provisions of Santa Ana Municipal Code Section 9 -194. 8.16 Compensation of Voluntary Contract Overtime. Exclusive of other provisions of this Article, except Section 8.7 (No Effect on Other Benefits) supra, Police Officers and Police Sergeants who voluntarily agree to perform contract security services at games, parades, dances and similar public events shall be compensated at the rate of one and one -half (1 1/2) times the employee's regular rate of pay. The Police Chief shall determine how many off -duty police officers should serve as security officers at each event. Police Officers and Sergeants represented by the Association shall be given first opportunity to volunteer for said off -duty assignments. If, after a reasonable period of time, an insufficient number of police officers have volunteered to work such assignments, the Police Chief may offer the remaining "openings" to any person(s) he deems capable of performing the work at whatever straight -time pay rate the City considers to be appropriate. 35 25B -37 ARTICLE IX 9.0 HOLIDAYS 9.1 Legal holidays observed by full -time permanent and probationary employees covered by this Agreement are as follows: • January 1 st - New Year's Day. • Third (3rd) Monday in January - In observance of Martin Luther King Jr.'s Birthday. • Third (3rd) Monday in February -In observance of Presidents' Day. • Last Monday in May - In commemoration of Memorial Day, • July 4th - In observance of Independence Day, • First (1st) Monday in September - In observance of Labor Day. • November 11th -In observance of Veteran's Day. • Fourth (4th) Thursday in November - In observance of Thanksgiving Day. • The Friday immediately following Thanksgiving Day. December 25th - In observance of Christmas Day, • Last working day before Christmas Day, unless Christmas falls on a Thursday, in which instance, the day following Christmas Day shall be observed in lieu thereof. • One (1) Floating Holiday - Any workday selected by the employee with prior permission of the employee's supervisor. • Everyday proclaimed by the Mayor of the City as a holiday for City employees. Any holiday which falls on a Sunday will be observed on the following Monday. Any holiday which falls on a Saturday will be observed on the Friday preceding the Holiday. 9.2 Full -time, permanent and probationary employees covered by this agreement shall be entitled to receive 96 hours off during the calendar year in lieu of the twelve (12) holidays specified in Section 9.1, supra. Said hours, up to a maximum of 80 hours, may be carried over from one calendar year to the next and shall be cashed out upon separation from employment, not to exceed a maximum of 160 hours. An employee 36 25B -38 required to work on a City observed "legal" holiday shall be paid at his or her straight time rate. However, if an employee who separated from the service of the City has taken time off for holidays in advance of the date or day the holiday actually occurred, he or she must pay the City the cash value for such used but unearned holiday time off benefits prior to or at the time of separation. 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 prior to December 31" each year, shall be forfeited. Said hours shall be cashed out upon separation from employment, not to exceed a maximum as follows: In 2014, 248 hours; 2015, 228 hours; 2016, 208 hours; 2017, 188 hours; 2018, 168 hours. 9.3 Cash Option. 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). 9.4 All employees must actually work at least one day preceding the day a holiday listed in Section 9.1, supra, actually occurs in order to receive credit for such holiday. The employee will then be credited with all remaining holidays in the year occurring after the appointment. An employee separating from the service of the City must actually work at least one day following the day a holiday listed in Section 9. 1, supra, actually occurs in order to receive credit for that holiday. A newly- appointed employee must complete six (6) months of continuous, full -time service in order to receive credit for the Floating Holiday listed in Section 9.1 above. 9.5 This "time off," as defined in Article X, Section 10.6, may be taken in increments as small as one half (112) hour, with fractional usage rounded upward to the next higher multiple of one half (1/2) hour. 37 25B -39 9.6 A maximum of one (1) year of Holiday benefits may be carried over from one calendar year to the next. An employee terminating employment with the City may cash out accumulated, unused Holiday leave benefits, not to exceed a maximum of 160 hours. 30 25B -40 ARTICLE X 10.0 VACATION 10.1 Purpose. It is the policy of the City to grant employees vacation leave in order to provide them with a break in their regular work schedule, and this purpose will be used as a guide in the administration of the provisions of this Article. 10.2 Regular Vacation Period, A, Full time employees shall be granted regular vacation at the rate of 80 hours for each of his or her first and second completed year of service, accrued on a monthly basis at the rate of 6 2/3 hours for each completed month of service. Thereafter, all such employees shall be granted regular vacation at the rate of 120 hours for each completed year of service, accrued at the rate of 10 hours for each completed month of service. B. An employee who has completed less than one year's service during the calendar year shall receive a proportionate fraction in accordance with the amount of service to his or her credit during the year; provided, however, no employee shall be entitled to, or receive payment for, any vacation until he or she has completed six (6) months of continuous service. C. On or after the first (1st) day of the month following completion of six (6) months of continuous full -time service, an employee may be allowed to take all or a proportionate fraction of his or her earned vacation, subject to scheduling approval of the employee's supervisor. D. Absence on sick leave for a period in excess of fifteen (15) consecutive calendar days shall not be considered as service for vacation accrual purposes. E. Computation of Regular Vacation, 1. In computing regular vacation, each municipal holiday that occurs during the vacation, and that falls on a day which the employee would have worked had he or she not been on vacation, shall be deducted from the computation so that ten (10) additional hours of regular vacation shall be allowed to the employee unless departmental practice provides some other manner of compensating for municipal holidays. Should an employee be confined to a hospital for sickness or injury while on authorized vacation, each full day of such confinement, when confirmed by a physician's statement and approval of the Police Chief, may be deducted from the computation of vacation expended and charged against the employee's accumulated sick leave. 39 25B -41 2, No employee shall have a right to accumulate or split his or her vacation, but the same may be allowed or required by the Police Chief. 10.3 Longevity Vacation. A. Each permanent employee is granted additional 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. complete d Hourly Equivalent Years of Additional Days 6 4 7 8 8 12 9 16 10 20 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 M 25B -42 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 1E (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. I An employee that is absent without pay for a full calendar year will have their longevity vacation accrual adjusted and not receive credit for one computed year of full -time, continuous city service 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 (FLEA). 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. 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. B. An employee may carry over from one calendar year to the next the combination of regular vacation accruals from the previous two (2) calendar years (up to 240 hours) and longevity vacation accruals from the previous calendar year (up to 80 hours).Vacation not taken beyond that amount shall be forfeited. Therefore, the 41 25B -43 maximum regular and longevity vacation that an employee with less than six (6) years' service could carry over is 240 hours and only an employee with more than 20 years of service could carry over 320 hours and take the authorized maximuun of 400 hours in any one year. Notwithstanding the foregoing, an employee may request approval to carry over vacation in excess of the maximum set forth herein. Such a waiver requires the approval of the Police Chief, the Executive Director of Personnel and the City Manager, C. For the period ending December 31, 2015, an employee's maximum longevity vacation accrual carry over shall be increased to a combination of accruals from the previous two calendar years (up to 160 hours). Therefore, through December 31, 2015, an employee may carry over both regular vacation accruals and longevity vacation accruals from the previous two (2) calendar years.Vacation not taken beyond that amount shall be forfeited. D. Effective January 1, 2016, the maximum yearly vacation carryover shall revert back to that as set forth in subsection `B ", above, and any accumulated vacation in excess of that maximum allowable carry over not used prior to January 1, 2017, shall be forfeited. E. Notwithstanding the foregoing, for any affected employee who is in jeopardy of losing vacation because of department staffing needs, 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 10.5 Excess Usage. If vacation time off is used in excess of that available, such excess vacation time off will be, first, deducted from any available compensatory time off accrual; finally, deducted from the next scheduled wage or salary payment. 10.6 Time Off Banks. Employee Time Off Banks exist for each employee in the unit. Time off will be computed on an annual basis. Separate banks will be maintained for vacation, holidays, and compensatory time, respectively, based on existing policies applicable to each. Time off from each bank may be taken in increments as small as one half (1/2) hour, with fractional usage rounded upward to the next higher multiple of one half (t /2) hour. Each affected employee shall be afforded the opportunity to submit time off selection(s) and the Police Chief or his designee shall make every reasonable effort to accommodate the employee's preference(s). The time at which an employee shall take his or her leave time shall be determined by the Police Chief, with due regard for the wishes of the employee and particular regard for the needs of the service. OF 25B -44 NOTE: All other policies and procedures described in Article VIII, "Overtime ", Article IX, "Holidays ", and Article X, "Vacation" will apply to the Time Off Banks. However, no employee will be allowed to carry a negative balance in any Time Off Bank. C -3 25B -45 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 non - industrial illness or injury that prevents the employee from performing the duties of his or her position and shall be deemed to include time in quarantine resulting from non- duty related exposure to a contagious disease, B. Accrual, Each employee shall be entitled to, and shall earn, eight (8) hours of sick leave for each full calendar month of service in which he or she is employed by the City with full pay; provided, however, any absence on sick leave for a period of time greater than fifteen (15) consecutive calendar days in any one (1) calendar month shall not be considered to be service entitling an employee to earn sick leave as aforesaid. Subject to the other provisions in this Article, sick leave shall accrue to the credit of each employee to the extent that it is not used. Notwithstanding the foregoing, employees on leave of absence for service - connected illness or injury who are covered by the provisions of Labor Code Section 4850, shall continue to accumulate eight (8) hours of sick leave for each full calendar month of service for which he or she is employed by the City with full pay during said absence for service- connected illness or injury. C. Authorized Only When Necessary. Use of sick leave by City employees shall be authorized as follows: 1. Sick leave is not a right which an employee may use at his or her discretion, but shall be allowed only in cases of necessity and actual sickness or disability, or as authorized in Subsection J below. 2. With respect to "miscellaneous- member" employees covered by this Agreement, when such an employee's absence is caused by an industrial illness or injury, for which benefits are required to be provided under the State Workers' Compensation Insurance and Safety Act, the City shall pay 100% of salary for the first three (3) days of such absence and sick leave shall not be debited. D. Limit. The maximum total accumulation of sick leave with pay shall be 1600 hours. Sick leave usage of less than a full day shall be charged in minimum increments of one -half (l /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 months without pay to an W 25B -46 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 retain to his or her employment within a six (6) months period. Prior to the expiration of the additional time, the employee may return to his or her position provided that he or she has a certificate from one of the above mentioned physicians stating that the employee is able to perform all the duties of his or her position without qualification. In addition to the above, the City Manager may grant a further extension not to exceed a total of one (1) year without pay. P. Extension by Use of Vacation. After an employee's sick leave has been exhausted, he or she may be granted permission to take any earned vacation he or she may have accrued. G. Notice. The employee taking sick leave shall notify his or her immediate supervisor not less than one (1) hour prior to the time he or she is scheduled to report for duty. When the absence is more than three (3) consecutive working days, the employee must present to the Police Chief a physician's certificate stating that, in the physician's opinion, the employee could not report to work because of illness or injury and that the employee is sufficiently recovered to safely return to work. Such certificate shall be transmitted to the chief personnel officer with the report of the return of the employee to work. A physician's certificate or other satisfactory written evidence of actual illness or injury may be required after an absence of any duration of less than three (3) days. H. Denial. No employee shall be entitled to sick leave with pay while absent from duty because of sickness or injury purposely self - inflicted or caused by willful misconduct; or sickness or disability sustained while engaged in employment other than employment by the City, for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation. I. Excess Usage. If sick leave is used in excess of that due and available to an employee, such excess sick leave, will first be deducted from any available compensatory time off benefit; second, from any available vacation leave benefit; third, from any available holiday leave benefits; and finally, deducted from the next scheduled wage or salary payment. 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, spouse or registered domestic partner 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; 45 25B -47 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. K. Payment for Unused Sick Leave. Definition, All employees, except for those involved in disciplinary termination, shall be entitled to payment under the following provisions: 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 427 hours, at the rate of pay in effect on the date of such termination. a. At his or her option, an employee may convert the above lump sum payment option into health insurance or long term care insurance premiums to the extent necessary to provide the employee and his or her designated eligible dependents, if any, with benefits under the health insurance program maintained by the Association. The City's obligation to pay such premiums shall be terminated when the sum of premiums paid equals one - hundred fifty percent (150 %) of the amount of the lump sum payment that the employee would have received for unused sick leave benefits had this option not been elected, not to exceed a maximum of 640 hours. 2, After 15 years of cumulative full -time service with the City, each qualified employee shall be entitled to credit for two - thirds (2/3) 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 1,066 hours, calculated at the rate of pay in effect on the date of such termination. This credit shall be applied toward monthly health insurance premiums or toward long- term care insurance premiums, beginning on the effective date of termination. The City's obligation to pay such premiums to the Association on behalf of the employee shall be terminated when the total credit as described above has been exhausted. 46 r 3. After 20 years of cumulative full -time service with the City, each qualified employee shall be entitled to one of two options: (a) payment for 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 533 hours, at the rate of pay in effect on the date of such termination, or (b) credit for 2/3 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 1,066 hours, as defined in "2" above. 4. After 25 years of cumulative full -time service with the City, each qualified employee shall be entitled to one of two options: (a) payment for 2/3 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 1,066 hours, at the rate of pay in effect on the date of such termination, or (b) credit for 2/3 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 1,066 hours, as defined in "2" above. 5, A lump sum payment shall be made to the beneficiaries of any eligible employee whose death occurs while such employee is an active employee of the City, such payment to be in the amount of 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. 6. Upon the death of any retired employee receiving a benefit under this provision said benefit will continue to be provided on behalf of said retired employee to his or her beneficiary. 11.2 Bereavement Leave. An employee shall be granted up to three (3) days leave without loss of pay in case of death of a member of the employee's immediate family. For purposes of this Section only, a "day" shall be defined as the number of hours of work that an employee is required to work according to his/her specific workday schedule. Such leave is designated as bereavement leave. "Immediate family" as used in this section is limited to: A. Any relative by blood or marriage who is a member of the employee's household; B. A parent, parent -in -law, stepparent, spouse, registered domestic partner, child, brother, stepbrother, sister, stepsister, grandparent or grandchild of the employee, regardless of residence; C. Any other relative of the employee by blood or marriage where it can be established by the employee that as a result of such relative's death, the employee's presence is required. 47 25B -49 11.3 Military Leave. A. Proof of Orders and Reinstatements. An employee shall be granted military leave if he or she furnishes the Chief Personnel Officer satisfactory proof of his or her orders to report for duty. Upon return and upon showing proof of actual service pursuant to such orders, he or she will be reinstated as provided in Section 9 -143 of the Santa Ana Municipal Code. B. Temporary. Members of the reserve forces of the United States, or the National Guard, granted temporary leave when ordered to duty, in accordance with the Military and Veterans Code and Section 9 -144 of the Santa Ana Municipal Code, will be granted leave with pay not to exceed thirty (30) working days in each calendar year after one 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 a non -party witness in any court action he or she shall be allowed leave for the time actually required for such service, without loss of pay. Each on -duty employee called for such service shall present to the Police Chief for examination the subpoena calling him or her to such service and shall pay into the City Treasury the fees collected for such service, with the exception of reimbursement for transportation expenses, if any. Refer to Departmental Order 396 - Jury Duty for specifics. 11.5 Examination Leave. Employees participating in examinations conducted during their normal working hours for positions in the competitive service of the City of Santa Ana will be granted leave with pay for the time actually required, without loss of any accrued vacation or compensatory time off benefits. 11.6 Unauthorized Absence. Unauthorized absence from duty for any duration of time may be considered cause for dismissal. Absence from duty without leave for five (5) consecutive working days shall be deemed a resignation from the service; provided, however, if upon return to duty the person so absenting himself makes an explanation satisfactory to the Police Chief of the cause of his absence, the Police Chief may restore him to his position, with the City Manager's approval. 11.7 Authorized Absence Without Pay. Absence without pay not to exceed five (5) consecutive working days, may be authorized by the Police Chief. Absence without pay not to exceed fifteen (15) calendar days may be authorized by the department with the approval of the City Manager. Such absences may be authorized only if in the judgment of the Police Chief they serve the best interest of the City. 11.8 Authorized Absence Without Pay - Lony Term. Upon receipt of a written request from an employee having permanent status plus action by the Police Chief recommending approval of the request, the City Manager may grant a leave of absence for up to six (6) months. 48 25B -50 An employee returning to duty with the City shall inform the Police Chief and chief personnel officer of his or her intention at least thirty (30) calendar days prior to the expiration of the six (6) months period or shorter period if the full six (6) months is not taken. Upon receipt of such notice, the Police Chief will take steps necessary to restore the employee to his or her former position. 11.9 Administrative Leave, The City Manager is authorized to grant, at his discretion, administrative leave with or without pay for permanent employees if, in his opinion, such a leave is in the interests of the City. 11,10 Industrial Leave, A. Each "safety member" employee covered by the provisions of Labor Code Section 4850 who is compelled to be absent from duty because of an illness or injury covered by the State of California Workers' Compensation Insurance and Safety Act shall, in lieu of temporary disability compensation payable under the aforementioned Act, continue to be paid his or her normal salary and accrue other benefits in accordance with the provisions of Labor Code Section 4850. B, Any period of time during which an employee is required to be absent from his or her position by reason of an industrial injury or industrial illness for which he or she is entitled to receive compensation shall not be considered a break in continuous service for the purpose of his or her right to salary adjustment or to the accrual of vacation and seniority. 11.11 Catastrophic Leave Donation. In order to assist employees otherwise granted leave of absence without pay by the City Manager because of a catastrophic, non - industrial medical condition or injury, the City and 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. 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. a. If all previous time donated has been exhausted, the recipient may request a new donation period be designated by the Police Chief or his designee as provided herein below. 49 25B -51 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. S. 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 11.1 A through 11.1 K above. B: Eligibility. Full -time employees shall be eligible for catastrophic leave donations if the following criteria are met: 1. When it is reasonably foreseeable that all accrued time on the books, such as sick leave, compensatory time, vacation, and in lieu holidays, will be exhausted and the employee's illness will continue past the time when the employee will be on paid status. 2. The Police Chief or his designee has approved a written request for donations accompanied by a medical statement from the employee's attending physician. The attending physician's statement must verify the employee's need for an extended medical leave and an estimate of the time the employee will be unable to work. C. Procedure. 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, holiday or vacation time of the donation within the limitations of Section A, subparagraph 3 above; so 25B -52 c. The name, department, and employee number of the recipient; d. A statement indicating that the donor understands such donation of time is irrevocable. 3. At the close of the two -week donation period, the department shall verify that each donating employee has accrued vacation, holiday 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. 5. 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 11.IA through ll.1K above. 11.12 Assignment Departmental Seniority 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. 51 25B -53 ARTICLE XII 12.0 EMPLOYEE INSURANCE 12.1 During the term of this Agreement the City will contribute toward the payment of premiums for health, dental and long -term disability insurance plans administered by the Association for the benefit of the employees represented by the Association as follows: A. Medical Insurance. Effective January 1, 2014, the City will contribute $1,335.00 per month to the Santa Ana Police Officers Association Medical Insurance Trust Fund for each affected employee enrolled in medical insurance plans provided by the Association for its bargaining unit members and their eligible dependents. Any contributions necessary to maintain benefits under the plans in excess of the aforementioned amount per month shall be borne entirely by the Association and /or the enrollee. 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. 12.2 Retiree Health Insurance Plan. Members retiring on or after July 1, 1997, will be provided health insurance premium reduction assistance, All bargaining unit employees and the Association shall hold the City harmless, defend and indemnify the City for any claims regarding the administration of, or the payment of, claims under any Association designed retiree health insurance benefit plan. 12.3 Employees on unpaid leave of more than fifteen (15) calendar days shall not receive the City's contribution toward any insurance coverage. The Police Department will notify the Association of all employees on unpaid leave or who separate from City employment within three (3) working days. The City will continue the payment of contribution for insurance coverage until the end of the month in which the Association had received notice from the City of the employee's separation from employment. 52 25B -54 ARTICLE XIII 13.0 RETIREMENT 13.1 General. The City shall continue to make contributions to the California Public Employees' Retirement System (CaIPERS) in accordance with its contract with CaIPERS for employees covered by said contract as amended. 13.2 Deferred Retirement. The City shall continue to malce payment to CaIPERS on behalf of each employee covered by this Agreement in accordance with the following schedule: A. With respect to "safety- member" employees, the City shall pay an amount equal to nine - ninths (9 /9ths) of his or her individual employee retirement contribution. B. With respect to "miscellaneous- member" employees covered by this Agreement, the City shall pay an amount equal to eight- eightlis (8 /8ths) of his or her individual employee retirement contribution. 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 will not treat these payments as ordinary income and thus, will not withhold federal or state income tax from said payments. The City has received an opinion or ruling from the Internal Revenue Service confirming that these payments are deferred compensation, not ordinary income. In the event that the City receives a subsequent ruling from the Internal Revenue Service that such payments are ordinary income of the employees instead of deferred compensation, the City's obligation to make such payments shall discontinue and in place thereof the base salary of each affected employee shall forthwith be increased by eighteen (18) salary rate ranges (9.0 %) for "safety - member" and sixteen (16) salary rate ranges (8.0 %) for all "miscellaneous- member" employees covered by this Agreement. 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 CaIPERS Fourth Level of 1959 Survivors Benefits, Effective November 7, 2002, the City will provide CaIPERS fourth level of 1959 Survivors Benefit to all eligible employees in the unit, 13.4 CalPERS Pre- Retirement Optional Settlement 2 Death Benefit. Effective July 5, 2000, the City shall provide the CaIPERS Pre- Retirement Optional Settlement 2 Death Benefit 53 25B -55 to all employees covered by this Agreement. 1.3.5 3% at 50 Service Retirement Benefit for Classic Safety Members. The City contracts with CalPERS to provide Classic Safety employees (classic members as that term is defined by the Public Employees' Pension Reforni 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 CalPERS 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% @ 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 CaIPERS. 13.6 Military Service Credit as Public Service. Effective January 2, 2001, Safety employees, and April 5, 2002, Miscellaneous employees, respectively, 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. The City agrees that, as soon as practicable following Council approval of this Agreement, and amendment to the CalPERS contract, employees who elect to purchase service credit may do so on a "pre -tax" basis. 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 23% at 55 Service Retirement benefit. Pursuant to CalPERS regulations, this formula applied to employees who were in active status on that date. 54 25B -56 Commencing July 1, 2013, all classic non- safety employees covered by this agreement (i.e., those subject to the Miscellaneous Ca1PERS formula) shall pay ten and one half (10.5 %) percent of their salary to pay for the employer portion of the City's Ca1PERS contribution. This payment shall be paid in accordance with Government Code section 20516(f). Pre - Taxable Benefit. To the extent permitted by Ca1PERS and Internal Revenue Service regulations, the City shall make the above employee deductions pre -tax contributions. 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 %@ 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. Pre- Taxable Benefit. To the extent permitted by Ca1PERS and Internal Revenue Service regulations, the City shall make the above employee deductions pre -tax contributions. 13.8 Credit for Unused Sick Leave. Effective January 1, 2002, a non -sworn employee covered by this Agreement can have unused accumulated sick leave at the time of retirement converted to additional service credit, pursuant to regulations prescribed by PERS. The City must report only those hours 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. Effective July 1, 2007, the provisions of this section will also apply to sworn employees covered by this Agreement. 55 25B -57 ARTICLE XIV 14.0 RELEASE TIME FOR ASSOCIATION REPRESENTATIVE During the term of this Agreement, the City agrees to grant full -time release from duty for one (1) Association representative for the conduct of Association affairs subject to the following: 14.1 The Association shall reimburse the City for one hundred percent (100 %) of salary (including any salary additives, such as career incentive pay) and benefit costs. Such reimbursement may be from the bank established pursuant to Section 8.15 of Article VIII of this Agreement. Effective July 1, 2012, the parties agree as follows: A. The POA President will be compensated at a rate consistent with his or her departmental rank including all assignment pay, pay additives, and premiums in place at the time he or she assumes the position of POA President. B. The value of the President's pay will include base salary, pension, premiums, and medical only. C. The value of the Floating Holiday donations will include base salary, pension, premiums, and Medicare. D, Effective July 1, 2012, the City shall pay the POA President a "Confidential Premium" in lieu of 20 hours per pay period at time and one -half. This premium is contained in the California Public Employees' Retirement Law (PERL) and is described as "compensation to rank and file employees who are routinely and consistently assigned to sensitive positions requiring trust and discretion." The parties agree that the value of this premium shall be equivalent to 28 hours of pay at straight time per pay period. The rate paid shall be tied to the incumbent's rank. The POA agrees that the acceptance of said compensation as described in section E as "PERSable" is subject to PERS approval and if it is determined that said compensation is not "PERSable" the City is not obligated to provide additional benefits. E. The Police Chief shall allow on -duty time, (up to three days) for five board members, once per year, to attend the Peace Officers' Memorial. The Police Chief shall allow on -duty time (up to four days) for five board members, once per year, to attend the FOP.. POA will pay for all costs for the board members attendance at said events, including per diem, travel, hotel, etc. If the Memorial or FOP falls on a board members normal day off, they will not receive on -duty pay for attendance. 14.2 The Association shall provide an insurance policy or policies, or certificate of such insurance, naming the City of Santa Ana, its officers, employees and agents as insured or additional insured, which provides coverage against liability for any and all claims and /or M 25B -58 suits for damages or injuries to persons or property resulting from or arising out of any act or omission of said Association representative. Said policy or policies of insurance shall provide coverage for both bodily injury and property damage in not less than the following minimum amounts: One million dollars ($1,000,000.00) combined single limit or its equivalent. Said policy or policies shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until thirty (30) days' notice thereof has been given in writing to the City of Santa Ana. 14.3 The Association shall provide the City of Santa Ana with an insurance certificate from a workers' compensation insurance carrier certifying that it carries primary workers' compensation insurance on behalf of said Association representative and the policy shall not be cancelled nor the coverage reduced except upon ten (10) days' prior notice to the City of Santa Ana. 14.4 The Association shall indemnify and save harmless the City of Santa Ana, its officers and employees, from and against any and all damage to property or injuries to or death of any person or persons, including property and employees or agents of the City of Santa Ana, and shall defend, indemnify and save harmless the City of Santa Ana, its officers and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors, or omissions, or arising out of the intentional or malicious acts of Association's representative. 14.5 The Association and the City of Santa Ana agree that the Association's representative will not be required to carry out any peace officer's duties during such time that the Association's representative is on such full -time release from duty. The Association's representative will be required to comply with the Rules and Regulations of the Santa Ana Police Department as they apply to off -duty employees, except such representative will not be required to report for duty for any purpose. 14.6 Upon return to duty from such full -time release, the Association's representative shall be restored to the same position without loss of any benefits as he or she would have occupied or accrued if there had been no disruption in duty status. The Association agrees that since the Association representative does not report for duty or account to the City for his or her sick leave or vacation time, that vacation and sick leave accruals shall be treated as follows: A. The Association representative shall accrue eight (8) hours of sick leave each month until the accrued sick leave total reaches a maximum of 1600 hours. B. Vacation shall be accrued consistent with existing POA MOU provisions. The Association representative may not carry over from one (1) calendar year to the next more than the equivalent of one (1) longevity vacation period and the equivalent of one (1) regular vacation period from the previous two (2) years. 57 25B -59 Regular vacation in excess of that accrued during the previous two (2) year period will be forfeited. C. The Association representative may not donate his /her accrued vacation or holiday time. M 25B -60 ARTICLE XV 15.0 SAFETY 15.1 The City and the employees of the City agree to comply with all applicable federal, state and local laws, and City of Santa Ana regulations, which relate to health and safety. 59 25B -61 ARTICLE XVI 16,0 RESIDENCY 16.1 To the extent possible, the City shall perform any and all acts necessary to remove limitations upon where employees reside who are covered by this Agreement. At the discretion of the Police Chief, selected special duty assignments may be designated as rapid response assignments. In those instances, the Police Chief may apply specific residency requirements upon members assigned to those positions. M 25B -62 ARTICLE XVII 17.0 DISCIPLINE 17.1 Any permanent employee covered by this Agreement may only be disciplined in accordance with the standards and procedures and subject to all rights of appeal set forth in Santa Ana Municipal Code Sections 9 -9, 9 -10, 9- 118.1, et seq. Any probationary employee covered by this Agreement may be disciplined in accordance with the standards and procedures set forth in Santa Ana Municipal Code Sections 9 -90, 9 -91, 9- 118, and subject to review in accordance with the grievance review procedure contained in this Agreement. 17.2 In addition, a new section shall be added to the Municipal Code to provide as follows: A. In the event an employee is ordered to absent himself from the job based on probable cause and it is subsequently determined by the Police Chief, the City Manager, Personnel Board or a court of competent jurisdiction, that cause did not exist for the ordered absence, the employee shall have restored to him any paid leaves of absence against which such absence may have been charged, and he shall be granted a retroactive leave of absence with pay for the time during which he was prohibited from performing the duties of his position, less any compensation paid to him by the City during such ordered absence unless such employee waives his/her rights to retroactive pay. B. In the event an employee is reduced, suspended and /or discharged, and upon appeal the City Manager, Personnel Board or a court of competent jurisdiction does not sustain such reduction, suspension, and /or discharge, the employee shall be entitled to his base rate or salary including all additives, vacation, and sick leave as if such unsustained reduction, suspension, or discharge had not been invoked. However, in no event shall an employee be entitled to any salary or credit for vacation and sick leave for any period of time covered by a suspension sustained on appeal or for any period of time waived by the employee as a condition to the granting of a continuance of any hearing on appeal. C. If, during an absence for which an employee is paid pursuant to this Section, he earned any money which he would not have earned had he continued to perform the duties of his position, such sum shall be deducted from the salary otherwise payable to him pursuant to this Section. 61 25B -63 ARTICLE XVIII 18.0 GRIEVANCE REVIEW PROCEDURE 18.1 Definition of Grievance. A grievance shall be defined as a timely complaint by an employee or group of employees or the Association concerning the interpretation or application of specific provisions of this Agreement, or of the rules and regulations governing personnel practices or working conditions of the City; except, however, those matters specifically assigned to the jurisdiction of the City Personnel Board by provision of the City Charter and the Civil Service Rules and Regulations. No employee shall suffer any reprisal because of filing or processing of a grievance or participating in the Grievance Review Procedure, 18.2 Informal Process. A. An employee must first attempt to resolve the grievance on an informal basis through discussion with his or her immediate supervisor without undue delay, but in no case, beyond a period of ten (10) calendar days after the occurrence of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance. If the employee's grievance is directed against the actions of his or her immediate supervisor, the employee may initiate his or her grievance with his or her Division Commander. in such cases, the employee shall file his or her grievance directly with the Division Commander within ten (10) calendar days of the event. Response time lines will continue as designated for Division Commander and above. If the grievance is directed toward the Division Commander, the employee may file directly with the Bureau Commander. B, The Supervisor will respond to the grievance within seven (7) calendar days of receiving the grievance. C. If the grievance is not resolved at the immediate supervisor level, the employee, within ten (10) calendar days of the supervisor's response, will attempt to resolve the grievance on an informal basis through discussion with his or her Division Commander, The Division Commander will respond to the grievance within seven (7) calendar days of receiving the employee grievance. D, Every effort shall be made to find an acceptable solution to the grievance through this informal process. Es If the grievance is not resolved at the informal level, the employee shall then set forth the grievance in writing, indicate the nature of the action desired, sign it, and submit it in duplicate to his or her Bureau Commander. At this point, the 62 25B -64 grievance review process becomes formal. Should the grievant fail to file a written grievance, and in the manner specified above, within ten (10) calendar days after receiving the response from his or her Bureau Commander, the grievance shall be barred and waived. 18.3 Formal Process. A. If the grievance is not resolved through the informal process, and a written grievance is filed within the time limits set forth above, the grievant's immediate supervisor and Division Commander will add their comments and any justification they consider proper, sign it, and forward it to their Bureau Commander without undue delay, or in no case, more than seven (7) calendar days after receiving the formal grievance. A copy shall be provided to the employee. B. The Bureau Commander, after study of the case, shall attach his or her decision and reasons therefore, and return them to the employee within seven (7) calendar days after receipt of the written grievance. C. If no satisfactory settlement has been reached at the division level, the employee may, within seven (7) calendar days after receipt of the Bureau Commander's decision may, in writing, request a meeting with the Police Chief to pursue the employee's grievance. Failure of the grievant to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the Bureau Commander's response. D. If the grievant files a written grievance to the Police Chief in the matter and within the time limits specified in "C" above, then a conference shall be held at the request of the employee or the Police Chief. F. The Police Chief shall inform the employee of his action within fourteen (14) calendar days of the filing of the written grievance with the Police Chief or the date the conference is held between the employee and the Police Chief. F. If no satisfactory settlement has been reached at the departmental level, the employee may, within seven (7) calendar clays after being informed by the Police Chief of his decision on the matter, and the reasons thereof, submit the grievance in writing to the City Manager, or his duly authorized representative, for determination. Failure of the grievant to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the Police Chief s response. The City Manager, or his representative, after careful review, shall render a final decision on the merits of the grievance, in writing, and return it to the grievant within twenty -one (21) calendar days after receiving the grievance. A copy of the RK 25B -65 written grievance to the City Manager, and of the City Manager's decision, shall be filed in the Personnel Records of the department and the grievant's personnel jacket maintained in the Personnel Services Department. G, After the procedure set forth in this Article has been exhausted, the grievant, the Association, and the City shall have all rights and remedies to pursue said grievance under the law. 90 25B -66 ARTICLE XIX 19.0 DUES DEDUCTION AND 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 Association, who voluntarily authorize such deduction, in writing, on a form to be provided for this purpose by the City. The City shall remit such fimds to the Association within thirty (30) days following their deduction. 19.2 Indemnification. The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits instituted by a member or members of the Association arising out of the deductions or transmittal or such funds to the Association, except the intentional failure of the City to transmit, to the Association, monies deducted from the employees pursuant to this Article. 65 25B -67 ARTICLE XX 20.0 CITY RIGHTS 20.1 The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this Agreement or by law to manage the City, as such rights existed prior to the execution of this Agreement. The sole and exclusive rights of Management, as they are not abridged by this Agreement or by law, shall include but not be limited to the following rights: A. To manage the City generally and to determine the issues of policy. B. To determine the existence or non - existence of facts which are the basis of the Management decision. C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services. D. To determine the nature, manner, means, and technology, and extent of services to be provided to the public. E. To determine methods of financing. F. To determine types of equipment or technology to be used, G. To determine and /or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted. H. To determine and change the munber 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. .L 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. L, To discharge, suspend, demote, or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in the City W1 r 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. O. To determine policies, procedures, and standards for selection, training, and promotion of employees. R To establish employee performance standards including, but not limited to, quality and quantity standards and to require compliance therewith. Q. To maintain order and efficiency in its facilities and operations. R. To establish and promulgate and /or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. S. To take any and all necessary action to carry out the mission of the City in emergencies. 20.2 Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in the Agreement. The City and Association agree that upon the expiration of this contract and during the good faith negotiations for a subsequent contract, salary and benefits shall continue at the then current rate. 67 25B -69 ARTICLE XXI 21.0 STRIKES AND WORK STOPPAGES 21.1 Prohibited Conduct, A. The Association, its officers, agents, representatives, and /or members agree that during the term of this Agreement, they will not cause or condone any unlawful strike, walkout, slowdown, sick -out or any other unlawful job action by withholding or refusing to perform services. B. Any employee who participates in any conduct prohibited in Subsection A above shall be subject to suspension, demotion or dismissal by the appointing authority. C. In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities listed below in Section 21.2, Association Responsibility, the City may suspend any and all rights and privileges, accorded to the Association in this Agreement, including but not limited to suspension of the Grievance Review Procedure and dues deduction. 21.2 Association Responsibility. In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 21.1A of this Article, Prohibited Conduct, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Agreement and unlawful, and they must immediately cease engaging in conduct prohibited in said Section 21.1A, and return to work. 68 25B -70 ARTICLE XXII 22.0 LAYOFFS 22.1 All layoffs within the competitive service occasioned by abolishment of a position, the combination of duties of two (2) or more positions, or the reduction in numbers of employees in a given class, shall be governed by seniority in the class. Reemployment shall be in reverse order of layoff. 22.2 Any promotional probationary employee laid off under these procedures who held permanent status in a lower class shall retain seniority rights in the previously held classification provided that it is still listed in the City's current basic classification and compensation plan. 22.3 Any permanent, full -time employee laid off under the above provisions may request a demotion to a position in a lower class provided he /she meets reasonably related qualifications required for placement in the class and the position is vacant. 22.4 In lieu of layoff, an employee may elect to work in a lower level classification, in which be 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. 22.5 For positions that were advertised in the Police Department as `open and promotional" or "promotional only" which are open to Police Department employees only, there will be created a "job ladder" such that those employees in positions to be eliminated through layoff shall be entitled to return to the POA job classification in the Police Department from which they promoted, "bumping" any employee in that job class with less cumulative years of service in that job class than the bumping employee had in that job class prior to promotion. 22.6 Notice of Service. On request, a laid off employee shall receive a statement certifying that his /her services have been satisfactory. Layoff shall not be used in lieu of a disciplinary dismissal. 69 25B -71 ARTICLE XXIII 23.0 SOLE AND ENTIRE AGREEMENT 23.1 It is the intent of the parties hereto that the provisions of this Agreement shall supersede all prior agreements and memoranda of agreement, or memoranda of understanding, or contrary salary and /or personnel rules and regulations or administrative codes, provisions of the City, oral and written, expressed or implied, between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This Agreement is not intended to conflict with federal or state law or the City Charter. 23.2 The City will continue to administer its employee relations and its personnel policies and procedures in accordance with duly- adopted ordinances and resolutions, and the affected employees will continue to be governed thereby during the term of this Agreement. fit 25B -72 ARTICLE XXIV 24.0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT 24.1 During the term of this Agreement, the parties mutually agree that they will not seek to negotiate or bargain with regard to wages, hours, and terms and conditions of employment, whether or not covered by the Agreement or in the negotiations leading thereto, unless required by specific provisions of this Agreement, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this Agreement. Regardless of the waiver contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this Agreement. 71 25B -73 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 frill 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. 72 25B -74 ARTICLE XXVI 26.0 TERM OF AGREEMENT 26.1 The term of this Agreement shall he from July 1, 2013 through June 30, 2015. 73 25B -75 ARTICLE XXVII 27.0 RATIFICATION AND EXECUTION 27.1 The City and the Association have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa Ana and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and the Association acknowledge that this Agreement shall not be in full force and effect until ratified by the membership of the Association and adopted by the City Council of the City of Santa Ana, Subject to the foregoing, this Agreement is hereby executed by the authorized representatives of the City and the Association and entered into this 19TH day of November, 2012. 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: CLERK OF THE COUNCIL APPROVED AS TO FORM: 74 25B -76 This Agreement has been ratified by the membership of the Santa Ana Police Officers Association. Dated. SANTA ANA POLICE OFFICERS ASSOCIATION By: PRESIDENT 75 25B -77 EXHIBIT A BASIC SALARY AND WAGE SCHEDULE 0 1 2 3 4 5 6 7 8 9 41 1542 1549 1557 42 1619 1627 1635 43 1700 1708 1717 44 1785 1793 1802 45 1874 1883 1892 46 1968 1977 1987 47 2066 2076 2086 48 2169 2179 2190 49 2277 2288 2299 50 2391 2402 2414 51 2511 2523 2536 52 2637 2650 2663 53 2769 2782 2796 54 2907 2921 2936 55 3052 3067 3082 56 3205 3221 3237 57 3365 3381 3398 58 3533 3550 3568 59 3710 3728 3747 60 3896 3915 3935 61 4091 4111 4132 62 4296 4317 4339 63 4511 4533 4556 64 4741 4764 4787 65 4978 5002 5026 66 5226 5252 5278 67 5488 5515 5542 68 5762 5790 5818 1565 1643 1725 1811 1902 1997 2097 2201 2311 2427 2548 2676 2810 2950 3098 3253 3415 3586 3765 3954 4152 4360 4579 4810 5051 5304 5569 5847 1573 1651 1734 1820 1911 2007 2107 2212 2322 2439 2561 2690 2824 2965 3113 3269 3432 3604 3784 3974 4173 4382 4601 4834 5076 5330 5596 5876 76 1580 1588 1659 1668 1742 1751 1830 1839 1921 1930 2017 2027 2118 2128 2223 2234 2334 2346 2451 2463 2574 2587 2703 2717 2838 2853 2980 2995 31.29 3144 3285 3302 3449 3467 3622 3640 3803 3822 3994 4014 4194 4215 4404 4426 4624 4648 4858 4882 5101 5126 5356 5382 5623 5650 5905 5934 25B -78 1596 1676 1760 1848 1940 2037 2139 2246 2357 2475 2600 2730 2867 301.0 3160 3318 3484 3658 3841 4034 4236 4448 4671 4906 5151 5408 5678 5963 1604 1612 1684 1693 1769 1778 1857 1866 1950 1960 2048 2058 2150 2160 2257 2268 2369 2381 2488 2500 2613 2626 2744 2758 2881 2896 3025 3040 3176 3192 3335 3352 3501 3519 3676 3695 3861 3880 4054 4074 4257 4278 4470 4493 4694 4718 4930 4954 5176 5201 5434 5461 5706 5734 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 11.583 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 77 25B -79 EXHIBIT B ASSIGNMENT Or CLASSES TO SALARY RATE RANGES 7/1/2013 RANGE JOB TITLE NO. Min Max POLICE OFFICER 690 6050 7355 POLICE SERGEANT 733 7463 9073 ANIMAL SERVICE OFFICER 1 626 4426 5382 ANIMAL SERVICE OFFICER II 656 5126 6230 BACKGROUND INVESTIGATOR 641 4764 5790 COMMUNICATIONS SERVICES OFFICER 621 4317 5252 CORRECTIONAL OFFICER 641 4764 5790 CORRECTIONAL SUPERVISOR I 690 6050 7355 CRIME RESEARCH AIDE 652 5026 6110 CRIME RESEARCH ANALYST 678 5706 6937 EMERGENCY OPERATIONS COORDINATOR 710 6670 8109 FIREARMS EXAMINER 697 6260 7609 FORENSIC SERVICES SUPERVISOR 728 7283 8853 FORENSIC SPECIALIST I 652 5026 6110 FORENSIC SPECIALIST II 671 5515 6702 PARKING CONTROL OFFICER 591 3728 4533 POLICE ATHLETIC /ACTIVITIES LEAGUE ASSISTANT DIR 620 4296 5226 POLICE COMMUNICATIONS SUPERVISOR 686 5934 7211 POLICE COMMUNITY SERVICES SPECIALIST 641 4764 5790 POLICE EVIDENCE AND SUPPLY SPECIALIST 624 4382 5330 POLICE EVIDENCE AND SUPPLY SUPERVISOR 644 4834 5876 POLICE INVESTIGATIVE SPECIALIST 641 4764 5790 POLICE PHOTO /VIDEO SPECIALIST 621 4317 5252 POLICE PROPERTY AND EVIDENCE SUPERVISOR 644 4834 5876 POLICE RECRUIT 650 4978 6050 POLICE SERVICE OFFICER 621 4317 5252 POLICE SERVICES DISPATCHER 646 4882 5934 RANGEMASTER 621 4317 5252 SENIOR PARKING CONTROL OFFICER 611 4111 5002 TRAFFIC SERVICES SPECIALIST 641 4764 5790 W r _ .I