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Home My WebLink About25M - AGMT - MOU SAMAAUGUST 5, 2014 lif fI111 I AGREEMENT WITH THE SANTA ANA MANAGEMENT ASSOCIATION (SAMA) Illliit.'iis ! _ Zmoll WAN CLERK OF COUNCIL USE ONLY: CONTINUED TO Y R Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with the Santa Ana Management Association (SAMA), subject to non - substantive changes approved by the City Manager and City Attorney, regarding wages and other terms and conditions of employment for a one -year period expiring June 30, 2015 in an amount not to exceed $65,000. 3) Retirement Subsidy: Upon the establishment of Retirement Health Savings Accounts (RHSA) the City will cease making the 1.75% contribution to the subsidy and increase employee base salary by 1.25% which individual employees will deposit into their RHSA's. 4) Electronic Device Stipend: SAMA employees whose supervisor determines are required use a cellphone or tablet for City related business will be given the option of using their awn equipment in lieu of using City equipment. Employees who choose to do so will receive a 25M -1 Agreement with Santa Ana Management Association August 5, 2014 Page 2 $75.00 monthly stipend to cover costs related to the use of personal electronic devices (phone and /or tablet) for City business. 5) Joint Labor Management Team: The City and SAMA agree to form a Joint Labor Management Team to discuss the development of a Pay for Performance program. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7 — Team Santa Ana, Objective #4 (establish employee compensation that attracts and retains a highly qualified workforce) and Objective #6 (provide a positive workplace environment that supports the health of its employees and celebrates its success). FISCAL IMPACT Funds are available in the affected departmental salary accounts (no. 61000). It is estimated that the agreement will result in a cost to the City of $65,000 during the term of the agreement. Edward S. aya Executive Director Personnel Services Department 25M -2 Francisco Gutierrez Executive Director Finance & Management Services Agency 2014-2015 MEMORANDUM Ki UNDERSTANDING City of Santa Ana and Santa Ana Management Association 25M -3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA MANAGEMENT ASSOCIATION FOR FISCAL YEARS 2014 -15 TABLE OF CONTENTS ARTICLE I RECOGNITION 3 ARTICLE II PURPOSE AND INTENT 4 ARTICLE III IMPLEMENTATION 5 ARTICLE IV ATTENDANCE, WORKDAY, WORKWEEK & WORK SCHEDULE 7 ARTICLE V SALARIES 10 ARTICLE VI ADDITIONAL COMPENSATION 19 ARTICLE VII OVERTIME PAY 20 ARTICLE VIII HOLIDAYS 21 ARTICLE IX VACATION 23 ARTICLE X OTHER LEAVES OF ABSENCE 27 ARTICLE XI EMPLOYEE INSURANCE 37 ARTICLE XII DEFERRED COMPENSATION 40 ARTICLE XIII RETIREMENT 41 ARTICLE XIV TUITION REIMBURSEMENT 44 ARTICLE XV ELECTRONIC DEVICE STIPEND 45 ARTICLE XVI STRIKES AND WORK STOPPAGES 46 ARTICLE XVII SOLE AND ENTIRE AGREEMENT 47 ARTICLE XVIII SEPARABILITY PROVISION 48 ARTICLE XIX GRIEVANCE REVIEW PROCEDURE 49 ARTICLE XX WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT 51 ARTICLE XXI EMERGENCY WAIVER PROVISION 52 ARTICLE XXII TERM 53 ARTICLE XXIII NON - DISCRIMINATION 54 ARTICLE XXIV RATIFICATION AND EXECUTION 55 EXHIBIT A SCHEDULE OF SALARY RATE RANGES - MM 57 EXHIBIT B SCHEDULE OF SALARY RATE RANGES - AM 58 EXHIBIT C JOB TITLES 59 2511 -4 ARTICLE I 1.0 RECOGNITION 1.1 Pursuant to the Employee Relations Resolution of the City of Santa Ana (Resolution Number 81 -075) and applicable State law, the City of Santa Ana (hereinafter called "the City') certified the Santa Ana Management Association (herein after called "SAMA ") on September 25, 2002, as the majority of the Middle Management and Administrative Management Representation Unit (hereinafter called the "Unit') previously found appropriate by the Employee Relations Officer. The City hereby recognizes SAMA as the certified majority representative of the full time employees in said Unit. The term "employee" or "employees" as used herein shall refer only to full -time employees employed by the City in said Unit in the employee classifications comprising said Unit as listed in the attachments shown as listed "Exhibit C," as well as such classifications as may be added hereafter by the Employee Relations Officer. 25M -5 ARTICLE II 2.0 PURPOSE AND INTENT 2.1 It is the purpose of this Memorandum of Understanding to promote and provide for harmonious relations, cooperation and understanding between the City and employees covered by this Memorandum. It sets forth the full and entire understanding reached in good faith negotiations regarding the wages, hours, terms and conditions of employment of employees covered by this Memorandum of Understanding which the parties intend to submit jointly and recommend for approval to the City Council of the City of Santa Ana. 2.2 Notwithstanding the following provisions of this Memorandum of Understanding, the parties agree that they have intended nothing herein to entitle, alter, or award Civil Service rights or privileges to any employee represented by SAMA who is in the Excepted Service of the City. 25M -6 ARTICLE III 3.0 IMPLEMENTATION 3.1 This Memorandum of Understanding constitutes a recommendation jointly submitted to the City Council of the City of Santa Ana. The parties agree that this Memorandum of Understanding shall not be binding upon the parties until said City Council: A. Acts, by majority vote, formally to approve said Memorandum of Understanding and, B. Acts to appropriate the necessary funds required to implement the provisions of this Memorandum of Understanding that require funding. 3.2 Notwithstanding the foregoing, in the event the City Council fails to take all actions necessary to implement this Memorandum of Understanding timely, the parties understand that they may mutually agree to implement appropriate provisions of this Memorandum that do not require specific approval by the City Council. 3.3 Implementation shall be effective as of the date approved by the City Council. If the parties fail to agree to implement provisions of this Memorandum not requiring City Council approval, then negotiations shall resume upon the request of either party. 3.4 The City of Santa Ana (City) and the Santa Ana Mangers Association (SAMA) have met and conferred, and agree that the City will close City Hall and the Ross Annex during the 2011 holiday season on certain days that are normally considered regular paid work days. The closure will take place beginning Tuesday, December 27, 2011 through and including Friday, December 30, 2011. SAMA employees impacted by this closure will not report to work. The City also agrees that SAMA employees assigned to departments outside of these locations may also participate based on the business needs of the department as determined by the Department Director. Employees in location outside City Hall and Ross Annex employees must confirm with their supervisor the holiday schedule. Employees shall be permitted to use paid leave time such as vacation time, comp time, "impact holiday" hours and Floating Holiday hours to cover the time they will not report to work during the 2011 holiday closure. Employees may use unpaid leave time if they so choose. 2511 -7 Those employees who do not have paid leave time available after exhausting all available leaves listed above, may be permitted to use Personal Necessity hours for this purpose. Any Personal Necessity leave used (in -lieu of the above mentioned accruals) will be returned to the employee's accrual PN bank and an equal amount of vacation time, comp time, "impact holiday" hours or Floating Holiday will be deducted in calendar year 2012. Such deduction will begin in January 2012 and will continue until an equal amount of time is deducted as was advanced. This non - precedent- setting, one -time work schedule modification shall not be considered a re- opener nor shall it be considered in any way a permanent change. 2511 -8 ARTICLE IV 4.0 ATTENDANCE, WORKDAY, WORKWEEK, & WORK SCHEDULE 4.1 Attendance. All full time SAMA employees covered by this Agreement shall be in attendance at their work during hours prescribed by the Executive Director of his designee(s) and shall not absent themselves during prescribed hours without authorization. SAMA employees shall not be required to submit Leave of Absent Requests for absences of two (2) hours of less. 4.2 Hours of Work. Eight (8) hours of work shall constitute a normal day and forty (40) hours of work shall constitute a minimum workweek, except for employees for whom special regulations have been approved by the City Manager. A. 4/10 Work Schedule. The Executive Director, with the approval of the City Manager, may assign SAMA employees to a workweek consisting of four (4) ten (10) hour day with an additional one -half (1/2) or one (1) hour for unpaid lunch periods. The regular workweek shall consist of forty (40) hours. A regular day off shall consist often (10) hours. B. 9/80 Work Schedule. All SAMA employees shall be permitted to work a 9/80 work schedule when authorized by the Executive Director and approved by the City Manager. A SAMA employee will not be permitted to work this schedule if in the discretion of the Executive Director and City Manager, the 9/80 work schedule may reduce service to the public. 1. 9/80 Work Schedule Defined. The 9/80 work schedule shall be defined as working eighty hours over nine days in two -week period. An employee shall work eight days for nine hours per day and one day for eight hours, excluding a one -hour lunch break during each work shift, totaling forty (40) working hours in each work week. a. The Work Week Period. The forty (40) hour work week period shall be defined as the work period starting from Friday at mid -shift to Friday at mid - shift. No employee working the 9/80 work schedule will be able to flex their Friday start time nor the time they take their lunch break, which will occur in the middle of the day on Fridays. b. The 9/80 Work Period. The 9/80 two -week work period for employees starts Friday mid -shift and continues for fourteen (14) days until Friday mid - shift. During this period, each week is made up of four nine -hour work days (thirty -six 2511 -9 hours) and one four -hour Friday and those hours equal forty work hours in each work week (e.g., the Friday is split into four hours for the first shift, which is charged to work week one and four hours for the second shift, which is charged to work week two). C. SAMA employees cannot change schedules without prior approval of their Executive Director. The purpose of this authorization is to review the impact on supervision, staffing and workload. Employees may change schedules at the beginning of any work period with approval of their Executive Director. d. Modification of the 9/80 work week period are not permitted unless authorized by the Executive Director of Personnel Services and the City Manager. e. Emergencies. All SAMA employees on the 9/80 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions that, in the opinion of the City Manager, Executive Director of designee, may require such service from any of said employees. 2. Leave Benefits. When a SAMA employee is off on a scheduled workday under the 9/80 work schedule, then nine (9) hours of eligible leave per workday shall be charged against the employee's leave balance or eight (8) hours shall be charged if the day off is a Friday. All leaves shall continue under the current accrual, eligibility, request and approval requirements. 3. Holidays. a. For a recognized City holiday, eight hours are earned for each holiday. For the charging of hours on a scheduled holiday, the employee must use eight (8) hours of holiday time off and one (1) hour the employee's vacation leave time bank for a nine (9) hour workday charge or eight (8) hours holiday time off for a Friday. b. If a holiday falls on an employee's Friday off, the employee must then take their holiday off before or after the regular holiday as their holiday off with supervisor and/ or Executive Director approval. If the SAMA employee cannot take their 2511 -10 holiday off before or after the regular scheduled holiday off the employee will bank eight hours of holiday leave to be used at a later date with the supervisor's approval. 4. Jury Duty Leave. The provisions of the Memorandum of Understanding shall continue to apply; however, if an employee is called to serve on jury duty during a normal Friday off, Saturday, or Sunday, or on a City holiday, then the jury duty shall be considered the same as having occurred during employee's day off work. 4.3 It is intent of the parties that no additional paid time off shall be gained or lost as a result of implementing any alternate work schedules. The City reserves the right to abandon any work schedule if, in the opinion of the concerned Executive Director and the City Manager, such alternate work schedules have not produced the desired results. If this right is exercised, however, the City and SAMA shall meet and confer in good faith prior to abandoning any alternate work schedule. 2511 -11 ARTICLE V 5.0 SALARIES 5.1 Basic Compensation Plan. There is hereby established a basic compensation plan for all full -time personnel who are now employed or will in the future be employed in any of the designated classifications of employment represented by SAMA as listed in this Agreement and its attachments. 5.2 Schedule of Salaries. A. Two separate schedules of salary rate ranges, one for classifications of employment designated as SAMA Middle Management (MM) assigned to 17 -step monthly salary rate ranges, and one for classifications of employment designated as SAMA Administrative Management (AM) assigned to 5 -step monthly salary rate ranges, are attached hereto in matrix format as though set forth herein. The schedules for SAMA Middle Management (MM) classifications and SAMA Administrative Management (AM) classifications and their effective dates are attached to this Agreement as Exhibit A and Exhibit B, respectively, and are listed as follows: Category of Employment Salary Effective Schedule No. Date SAMA Middle Management (MM) Refer to Exhibit (Classification assigned to 17 -step salary rate ranges) SAMA Administrative Management (AM) Refer to Exhibit (Classification assigned to 5 -step salary rate ranges) B. The basic salary schedule for SAMA Middle Management classifications contains numerous salary rate ranges, each range comprised of seventeen (17) separate rates of pay shown in monthly amounts. The respective rate ranges are identified by a two -digit number preceded by the capital letters "MM." The separate rates of pay or steps within each salary rate range are identified by the numbers "1" through "17" inclusive, with Step "1" being the lowest or minimum rate of the range, Step "9" the middle or midpoint rate of the range, and Step "17 being the highest or maximum rate. The purpose of each step and criteria for advancement 25M -12 are set forth in Subsection 5.8(A) below. C. The basic salary schedule for SAMA Administrative Management contains numerous salary rate ranges, designated by the letter "AM" and a three - digit rate range number. These rate ranges are comprised of five (5) steps or rates of pay shown in monthly amounts, identified by the letters "A" through "E" inclusive, with Step "A" being the lowest step in the range. The purpose of each step and criteria for advancement to the next higher step within a particular salary rate range are set forth in Exhibit B and in Subsection 5.8(B) below. D. The assignment of SAMA classifications to salary rate ranges is listed in Exhibit C, which is attached and made a part hereof as though set forth herein. 5.3 Salaries Effective the adoption of this MOU by the City Council the base salaries of classifications covered by this agreement shall be increased by one percent 1 %. 5.4 Application of Basic Compensation Plan. The salary rate ranges contained in Subsection 5.2 and Exhibit C are monthly salary rate ranges. All employees working in classifications of employment covered by this Agreement shall be compensated at a monthly rate. 5.5 Probation. Except for employees in the Expected Service and employees re- employed from re- employment eligible lists, the probationary period shall be one (1) year from the date of appointment from an open eligible list (new hire) or a reappointment eligible list (rehire) or appointment from a promotional eligible list. 5.6 Beginning Rates. A. SAMA Middle Management Classifications. An employee appointed to a Middle Management classification shall be compensated at any rate within the lower third of the 17 step salary rate range (Steps I" through "6 ") for their job classification as authorized by the Appointing Authority. When economic conditions, unusual employment conditions, or exceptional qualifications of a candidate for employment indicate a higher rate would be in the City's best interest, the City Manager may authorize hiring at a higher rate in the salary rate range but this higher rate generally shall not be above the midpoint. B. SAMA Administrative Management Classifications. An employee 2511 -13 appointed to an Administrative Management classification may be placed by the Appointing Authority at any step within the applicable five (5) step salary rate range (Steps "A" through "E ") in the schedule to which the classification has been assigned through adoption of this Agreement, provided that such employee shall be assigned such salary step upon the commencement of his or her service in said classification 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 as set forth below. 5.7 Service. The word "service" as used in this Agreement shall be deemed to mean continuous, full -time service in the classification in which the employee is being considered for salary advancement, service in the higher classification or service in a classification allocated to the same salary rate range and having generally similar duties and requirements. Notwithstanding the above, employees in classifications represented by SAMA who are hired after the first (V) working day of the month shall not be credited with time in service for that month when determining the length of service for salary advancement. A lapse of service by an employee for a period of time longer than ten (10) calendar days, by reason of resignation, quit, or discharge, shall serve to eliminate the accumulated length of service time of such employee for the purpose of this Agreement, and any such employee reentering the service of the City shall be considered as a new employee, except that he or she may be reappointed as provided in Santa Ana Municipal Code (SAMC) Chapter 9 -114 and may be placed in the same salary step in the appropriate salary rate range as he or she was at the time of termination of employment. 5.8 Advancement Within Ranges. A. SAMA Middle Management Classes: The following provisions shall govern salary advancement within rate ranges for employees employed in SAMA Middle Management classes: 1. Stems I" through "15" Advancement: For any employee in a SAMA Middle Management classification covered by this Agreement who has been initially appointed to a step lower than Step "15 ", advancement in the SAMA Middle Management schedule of salary rate ranges may be granted only for continued meritorious and efficient service by said employee in the effective performance of the duties of his or her position. Such advancement 2511 -14 shall be in two -step increments, each step being equivalent to approximately 2.5 %, for a total increase of approximately 5% per year, until Step "15" is achieved. For example, an employee covered by this Agreement shall advance from Step 1 to Step 3, Step 3 to Step 5, Step 5 to Step 7, Step 7 to Step 9, Step 9 to Step 11, Step 11 to Step 13, or Step 13 to Step 15. The effective date of such merit step increase, if granted, shall be the first (1St) day of the month following the completion of one (1) year of service at the step from which said employee is being advanced. 2. Advancement to Steps "16" and "17 ": Any employee in a SAMA Middle Management classification covered by this Agreement, who has reached Step "15" or Step "16" in the SAMA Middle Management schedule of salary rate ranges, may advance to the next higher step in the SAMA Middle Management schedule of salary rate ranges only for continued meritorious and efficient service by said employee in the effective performance of the duties of his or her position. Such advancement shall be in one -step increments, each step being equivalent to approximately 2.5% per year until Step "17" is achieved. For example, an employee covered by this Agreement shall advance from Step "15" to Step "16 ", and Step "16" to Step "17 ", respectively. 3. Any current SAMA Middle Management employee who previously advanced through the steps of each salary rate range using his or her initial date of hire into a middle management class shall retain that date as the anniversary date for purposes of advancing through the steps of each salary rate range while in his or her current class and for any subsequent promotions to a SAMA Middle Management class. The effective date of such merit step increase, if granted, shall be the first (1S) day of the month following the anniversary date. Such merit advancement shall require the following: a. There shall be on file in the office of the Executive Director of Personnel Services a copy of each periodic performance appraisal required to be made on the employee by the Civil Service Rules and Regulations and /or the City Manager during the period of service time of such employee subsequent to his or her last salary advancement. b. The Appointing Authority, at least twenty (20) calendar days 2511 -15 prior to the anticipated completion of such employee's required length of service, shall file with the City Manager a statement recommending the granting or denial of the merit increase and supporting such a recommendation with specific reasons therefore. The employee shall be notified by the Appointing Authority as to such recommendations and shall be informed of the reasons. C. No advancement in salary shall become effective until approved by the City Manager, except when placement on a salary step above Step I" results from promotion under the provisions of Section 5.9 (A) of this Agreement. d. Notwithstanding the foregoing provisions of this subsection to the contrary, a merit step advance shall be automatically granted ninety (90) days after the due date if no performance appraisal is completed. The effective date of such merit step advance shall be retroactive to the first (1s) day of the month following the completion of the required length of service. 4. When an employee in a SAMA Middle Management classification has not been approved for advancement to the next higher salary step, he or she may be reconsidered for such advancement after the completion of three (3) months of additional continued service in the classification and shall be reconsidered for advancement to the next higher step above his or her then current step after the completion of six (6) months of additional continued service in the classification. 5. An employee in a SAMA Middle Management classification who is being paid at any salary step above Step "1" may be reduced to the next lower step in the appropriate salary rate range upon the recommendation of the Appointing Authority and the approval of the City Manager. Procedure for such reduction shall follow the same procedure for merit advancement in Subsection 5.8 Paragraph (A) (6) above, and such officer or employee may be considered for readvancement under the same provisions as contained in Subsection 5.8 Paragraph (A) (6) above. B. SAMA Administrative Management Classifications: The following conditions shall govern salary advancement within 5 -step rate ranges for employees employed in SAMA Administrative Management classifications: 25M -16 1. For any employee in a Administrative Management classification covered by this Agreement who has been initially appointed to a step lower than Step "E," advancement to the next higher step (Step "B" from Step "A" or Step "C" from Step "B," etc.) may be granted only for continued meritorious and efficient service by said employee in the effective performance of the duties of his or her position. The effective date of such merit step increase, if granted, shall be the first day of the month following the completion of one year of service at the step from which said employee is being advanced. Such merit advancement shall require the following: a. There shall be on file in the Office of the Executive Director of Personnel Services a copy of each periodic performance appraisal required to be made on the employee by the Civil Service Rules and Regulations and /or the City Manager during the period of service time of such employee subsequent to his or her last salary advancement. b. The Appointing Authority, at least twenty (20) calendar days prior to the anticipated completion of such employee's required length of service, shall file with the City Manager a statement recommending the granting or denial of the merit increase and supporting such a recommendation with specific reasons therefore. The employee shall be notified by the Appointing Authority as to such recommendations and shall be informed of the reasons. C. No advancement in salary shall become effective until approved by the City Manager, except when placement on a salary step above Step "A" results from promotion under the provisions of Section 5.9(B) of this Agreement. d. Notwithstanding the foregoing provisions of this subsection to the contrary, a merit step increase shall be automatically granted ninety (90) days after the due date if no performance appraisal is completed. The effective date of such merit step increase shall be retroactive to the first (1st) day of the month following the completion of the required length of service. 2. When any such employee in a classification designated as 25M -17 Administrative Management (AM) has not been approved for advancement to the next higher salary step, he or she may be reconsidered for such advancement after the completion of three (3) months of additional service and shall be reconsidered for advancement to the next higher step above his or her then current step after the completion of six (6) months of additional service. This reconsideration shall follow the same steps and shall be subject to the same actions as provided in Subsection 5.8(8)(1) above. 3. Any employee in an Administrative Management classification who is being paid at any salary step above "A" may be reduced to the next lower step in the appropriate salary rate range upon the recommendation of the Executive Director and the approval of the City Manager. Procedure for such reduction shall follow the same procedure for merit advancement provided in Subsection 5.8(8)(1) above, and such employee may be considered for readvancement under the same provisions as contained in Subsection 5.8(8)(2) above. 5.9 Promotional Salary Advancement. A. SAMA Middle Management Classifications: When an employee in a non- management classification of the City service is promoted to a SAMA Middle Management classification, they shall be placed at a salary rate in the appropriate salary rate range that will provide at least a five percent (5 %) pay increase. B. SAMA Administrative Management Classifications: 1. Promotion from a Non - Management Classification. An employee who is promoted to a SAMA Administrative Management classification from a non - management classification of the City service shall be placed at a salary rate in the appropriate Administrative Management monthly salary rate range that provides a pay increase of at least one (1) step (approximately five percent (5 %))- 2. Promotional Salary Advancement. When an employee in a classification designated as Administrative Management (AM) is promoted to a higher classification from a position in a lower classification in the same occupational career ladder, he or she shall be reassigned to the beginning step in the appropriate 251 -18 monthly salary range for the higher classification; provided, however, that if the base salary currently being paid such employee is already equal to or higher than such beginning step, he or she shall be placed in the lowest step in the appropriate monthly salary rate range as will grant the employee a pay increase of at least (1) step (approximately five percent (5 %)) over his or her current base salary step exclusive of pay premiums such as bilingual pay, special skills or the like. 5.10 Demotion. A. SAMA Middle Management Classifications: When an employee in a Middle Management classification is demoted to a position in a lower classification, he or she shall be placed at a rate in the lower salary rate range which provides at least a five percent (5 %) reduction in pay. B. SAMA Administrative Management Classifications: When an employee in a SAMA Administrative Management Classification 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 accordance with the following provisions: 1. The salary rate shall be reduced by at least one (1) step (approximately five percent (5 %)). 2. The new salary rate must be within the appropriate salary rate range. 3. The new salary rate shall not be higher than the salary step to which the employee would have been entitled had his or her service time in the higher classification been spent in the lower classification. 5.11 Probationary Resection. A promotional employee who is rejected during the probationary period from a SAMA classification shall be returned to the classification in which he or she holds regular status and at his or her former salary step, unless the reasons for failure to complete probation would also be cause for dismissal from City service. 5.12 Reallocation of Salary Rate Ranges. An employee who is employed in a classification covered by this Agreement 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 25M -19 rate range and shall retain credit for length of service in such step towards advancement to the next higher step. 5.13 Acting Pay. An employee in a classification covered by this Agreement may be appointed by the Executive Director to serve in an acting capacity during an unplanned absence from work of thirty (30) calendar days or more of another employee represented by SAMA. Represented SAMA employees who are granted "acting pay" shall receive a five percent (5 %) increase or the minimum rate of the higher salary range while serving in an "acting" capacity. 2511 -20 ARTICLE VI 6.0 ADDITIONAL COMPENSATION 6.1 Bilingual Pay. An employee whom the Executive Director or his designee assigns to a position requiring bilingual capability in both English and either Spanish, Vietnamese or other languages designated by the City Manager, will be paid a monthly premium in accordance with the criteria and amounts set forth below: A. Certification by the Executive Director of Personnel Services as having satisfactorily demonstrated conversational fluency in both languages for any position requiring bilingual capability. B. Positions for which the Executive Director has determined that bilingual proficiency is essential to carry out duties and responsibilities of a critical and /or emergency nature without ready access to backup assistance, or positions where bilingual public contact is a major and essential element of the work being performed, will be designated as Primary Bilingual Assignments. A qualified incumbent of such position will be paid a monthly premium of one hundred seventy -five dollars ($175) above his or her then current base monthly salary step. C. Positions where it has been determined by the Executive Director that regular and frequent bilingual usage is necessary to the performance of duties, but not a major, essential or integral element of the work, will be designated as Secondary Bilingual Assignments. A qualified incumbent of such position will be paid a monthly differential of forty dollars ($40.00) above his or her monthly salary step for each of such assignment. D. The number of such Primary and /or Secondary Bilingual Assignment shall be no larger than the requirements of the department as determined by the Executive Director and the City Manager. E. There may be annual re- certification of such bilingual capability. 6.2 All assignments to positions set forth in this Article shall be made or revoked at the discretion of the Executive Director. 25M -21 ARTICLE VII 7.0 OVERTIME PAY 7.1 Compensation for Overtime. Employees in any of the designated classifications of employment listed in this Agreement are not eligible for monetary compensation for overtime work or for compensatory time off with pay for overtime work, unless so required by the Fair Labor Standards Act, or any other State or Federal laws. 25M -22 ARTICLE VIII 8.0 HOLIDAYS 8.1 Employees covered by this Agreement who work a regular forty (40) hour workweek schedule shall be entitled to receive the following days off during the calendar year as paid holidays: • January 1 st - New Year's Day • Third (3rd) Monday in January - In observance of Martin Luther King's Birthday • Third (3rd) Monday in February - In memory of George Washington's Birthday • Last Monday in May - In commemoration of Memorial Day • July 4th - In observance of Independence Day • First (Ist) 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 • Last working day before Christmas Day, unless Christmas Day falls on a Thursday, in which instance, the day following Christmas Day shall be observed in lieu thereof • December 25th - In observance of Christmas Day • One (I) Floating Holiday - Any workday selected by the employee with prior permission of the employee's supervisor • Every day 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. 8.2 Holidays — Employees on Alternate Work Schedules. A. Full -time employees whose regular scheduled days off are other than Saturday and Sunday shall be entitled to receive twelve (12) eight (8) hour working days off during the year in lieu of the holiday benefits specified in Section 8.1 above. However, employees with alternative work schedules and employees on a 9/80 work schedule shall be credited with 96 hours of Holiday Time at the beginning of every calendar year in lieu of twelve (12) holidays in the year. If any employee working in the above referenced categories separates from employment prior to December 31 of any year and has exhausted 96 hours of holiday time, the value of hours not yet accrued but used shall be deducted from the final paycheck. 25M -23 B. Said substitute holidays may be scheduled by the Executive Director or his or her designee, normal during the same month that the holiday is observed by other City employees. An employee entitled to time off in lieu of holidays shall receive that time off in proportions to his or her service at full pay in such capacity during the year. 8.3 A newly employee must actually work at least one (1) day preceding the day a holiday listed in Section 8.1, supra, actually occurs in order to receive credit for such holidays during the month in which it occurs. An employee separating from the service of the City must actually work at least one (1) day following the day a holiday listed in Section 8.1, supra, actually occurs in order to receive compensation for the holiday. A newly appointed employee must complete six (6) months of continuous full - time service in order to receive credit for the Floating Holiday listed in Section 8.1 above. 8.4 Holiday time off may only be taken in incumbents of eight (8) hours. Employees assigned to the 4/10 must use their holiday in ten (10) hour increments. Effective with the date of approval of this Memorandum of Understanding by the City Council, employees assigned to a 9/80 work schedule must use their holidays in nine (9) hour increments as described in Subsection 4.2 (13)(3)(a) supra. 8.5 Holiday benefits may not be carried over from one (1) calendar year to the next. 25 1 -24 ARTICLE IX 9.0 VACATION 9.1 Purpose. It is the policy of the City to grant employees vacation leave in order to provide them with a break in their regular work schedule and this purpose will be used as a guide in the administration of the provisions of this Article. 9.2 Regular Vacation Period, A. Regular vacation with pay is granted to each full -time permanent or probationary employee, at the rate of fifteen (15) working days for each completed year of service, accrued at the rate of ten (10) working hours for each completed month of service. 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 (1S) day of the month following completion of six (6) months of continuous full -time service, an employee may be allowed to take all or a proportionate fraction of his or her earned vacation, subject to scheduling approval of the employee's supervisor. D. Vacation time off may be taken in increments as small as one -half (1/2) hour, with fractional usage rounded upward to the next higher multiple of one -half (1/2). E. Upon completion of two (2) years of continuous service, each employee must take at least five (5) consecutive working days of vacation each year thereafter. F. Computation of Regular Vacation. 1. In computing regular vacation, each municipal holiday that occurs during the vacation, and that falls on a day which the employee would have worked had he or she not been on vacation, shall be deducted from the computation so that one (1) additional day of regular vacation shall be allowed to the employee unless departmental practice provides some other manner of 25M -25 MKI 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 Executive Director, may be deducted from the computation of vacation expended and charged against the employee's accumulated sick leave. 2. No employee may carry over from one (1) calendar year to the next, more than the equivalent of two (2) regular vacation periods from the previous two (2) years, and vacation not taken beyond that amount is forfeited. A regular vacation period is defined as the maximum amount of vacation earned in a calendar year as provided in Subsection A above. 3. No employee shall have a right to accumulate or split his or her vacations, but the same may be allowed or required by the Executive Director. The time at which an employee shall take his or her vacation shall be determined by the Executive Director, with due regard for the wishes of the employee and particular regard for the needs of the service. Longevity Vacation. A. Each permanent employee is granted additional work days of vacation leave with pay for each completed year of full -time, continuous city service as set forth in the following table. This additional vacation shall be designated longevity vacation. 25M -26 Hourly Equivalent Completed Years Additional Days of Additional Days 6 1/2 4 7 1 8 8 1 1/2 12 9 2 16 10 2 1/2 20 11 3 24 12 31/2 28 13 4 32 14 41/2 36 15 5 40 16 6 48 17 7 56 18 8 64 19 9 72 20 10 80 25M -26 B. No employee becomes eligible for longevity vacation until completion of the sixth (6th) year of continuous service, and each employee continues to earn the maximum of ten (10) working days (80 hours) of longevity vacation for each completed year of service in excess of twenty (20) years. C. A period of earlier services does not apply toward longevity vacation accumulation when an employee has had a break in continuous service, unless the break in service is concluded by reappointment, as provided in Section 9 -114 of the Civil Service Rules and Regulations, or by reemployment from layoff within one (1) year. Leave of absence without pay, as provided in Article X, Subsection 10.1 (E) (Sick Leave - Extended), Article X, Subsection 10.8 (Authorized Absence Without Pay - Long Term) and Article X, Subsection 10.12 (Catastrophic Leave) herein, does not constitute a break in continuous service as used in this section; however, the leave of absence period shall not be applied toward the accumulation of longevity vacation. Absence on military leave followed by reinstatement, as provided in Chapter 9 -143 of the Civil Service Rules and Regulations, does not constitute a break in service, and the period of absence on such military leave shall be applied toward the accumulation of longevity vacation. D. Effective July 1, 2017, the maximum permitted yearly cash out of longevity vacation time shall revert back to forty (40) hours per fiscal year. 9.4 Limitation on Vacation. A. With the exception of a retiring employee, no employee is granted, and no employee shall be allowed to take any vacation leave with pay in excess of fifty (50) working days (400 hours) in any one year by any combination of the vacations granted in these rules and regulations. Further, no employee may carry over from one (1) calendar year to the next more than the equivalent of one (1) longevity vacation period and the equivalent of one (1) regular vacation period from the previous two (2) years and vacation not taken beyond that amount is forfeited. Therefore, the maximum vacation that an employee with less than six (6) years service could accumulate is thirty (30) working days (240 hours) and only an employee with more than twenty (20) years service could carry over and take the authorized maximum of fifty (50) working days (400 hours) in any one year. 25M -27 B. No employee may carry over from one (1) calendar year to the next more than the equivalent of three (3) longevity vacation periods and the equivalent of one (1) regular vacation period from the current year and the previous two (2) years; vacation not taken beyond that amount is forfeited. Therefore, the maximum vacation that an employee with less than six (6) years service could accumulate is thirty (30) working days (240 hours) and only an employee with more than twenty (20) years service could carry over and take the authorized maximum of seventy -five (75) working days (600 hours) in any one year. 9.5 Effect of Extended Sick Leave on Vacation Accrual. Absence on sick leave for a period in excess of fifteen (15) consecutive calendar days shall not be considered as service time for regular and longevity vacation accrual purposes. 9.6 Management Vacation Benefit. A. All full time SAMA employees covered by this Agreement will be granted an additional five (5) working days [five (5), eight (8) -hour days for forty (40) hour employees] per calendar year over the regular and longevity vacation schedules applicable to represented non - management employees of the City subject to a maximum accrual of twenty -five (25) days of such additional five (5) days per year. B. Effective January 1, 2010, the maximum accrual of management vacation benefit hours shall increase to thirty (30) days (240 hours). 9.7 Management Vacation Pay Option. A. Affected employees shall be given once each calendar year the option to receive cash compensation, computed on a straight time basis, in lieu of up to five (5) eight (8) hour working days of earned, unused management vacation benefits set forth in Section 9.6 above. B. Effective July 1, 2014, the maximum permitted yearly cash out of management vacation time shall revert back to forty (40) hours per calendar year. 25M -28 ARTICLE X 10.0 OTHER LEAVES OF ABSENCE 10.1 Sick Leave. A. Definition. Except as otherwise provided below, sick leave shall be deemed to mean absence from duty of an employee because of illness, injury, medical, or dental appointment that prevents the employee from performing the duties of his or her position, and shall be deemed to include time in quarantine resulting from exposure to a contagious disease. B. Accrual. Each employee shall be entitled to, and shall earn, one (1), eight (8) hour working day of sick leave for each full calendar month of service in which he is employed by the City with full pay; provided, however, any absence on sick leave for a period of time greater than fifteen (15) consecutive calendar days in any one (1) calendar month shall not be considered to be service entitling an employee to earn sick leave as aforesaid. Subject to the other provisions in this Article, sick leave shall accrue to the credit of each employee to the extent that it is not used. C. Authorized Only When Necessary. Use of sick leave by City employees shall be authorized as follows: 1. Sick leave is not a right which an employee may use at his or her discretion, but shall be allowed only in cases of necessity and actual sickness or disability, or as authorized in Subsection J below. 2. When an accepted industrial illness or injury has caused an employee's absence, for which benefits are required under the State Workers' Compensation Insurance and Safety Act, paid sick leave will be allowed such employee during the first three (3) days of the statutory waiting period. If the workers' compensation related illness or injury continues past the initial three (3) consecutive days, the employee will have the three (3) used sick days recredited to his or her account, if the employee remains off work longer than 14 days. Paid sick leave will continue until the fourth (4th) day when the City pays the employee workers' compensation benefits for such illness or injury. If the employee does not have sufficient accumulated sick leave at the commencement of such industrial 25M -29 illness or injury, they will be advanced sick leave for this purpose. Subsequently, the City will deduct an equal amount previously advanced from any sick leave accrued by the employee until the total amount is recovered. If the employee terminates before recovery of all advanced sick leave, the City will deduct the unrecovered cost of sick leave from such terminated employee's final paycheck, to the extent possible. Commencing with Council approval of this Agreement, the City may authorize employees to use sick leave or vacation time for approved workers' compensation medical appointments as specified herein. The City may authorize use of such leave for City approved medical appointments whenever such appointments cannot be secured outside the employee's regular workday, and salary continuation or workers' compensation benefits are not available. D. Limit. 1. The maximum total accumulation of sick leave with pay shall be two hundred (200), eight (8) hour working days (1600 hours). Sick leave usage of less than a full day shall be charged in minimum increments of one -half (1/2) hour, with fractional usage rounded upward to the next higher multiple of one -half (1/2) hour. 2. Effective January 1, 2005, the maximum total accumulation of sick leave with pay will be increased by 400 hours to a maximum of 2,000 hours. These additional 400 hours of accumulated sick leave will not be permitted to be compensated or converted to health insurance premiums as specified herein under Subsection 10.1 (K) of this Article at the time of non - disciplinary termination. E. Extended. The City Manager may grant leave up to six (6) months without pay to an employee who has exhausted all of his or her accrued sick leave if the City physician or a licensed physician designated by the City Manager indicates that the employee will be sufficiently recovered to return to his or her employment within a six (6) month period. Prior to the expiration of the additional time, the employee may return to his or her position provided that the employee has a certificate from one of the above mentioned physicians stating that the employee is able to perform all the duties of his or her position without qualification. In addition to the above, the City Manager may grant a further extension not to exceed a total of one (1) year without pay. 25M -30 F. Extension by Use of Vacation. After an employee's sick leave has been exhausted, he or she may be granted permission to take any unused vacation leave benefits he or she may have accrued. G. Notice. The employee taking sick leave shall notify his or her immediate supervisor either prior to or within four (4) hours after the time he or she is scheduled to report for duty, or as otherwise established by departmental regulations. When the absence is more than three (3) consecutive working days, the employee must present to his or her Executive Director a physician's certificate stating the cause of illness and that, in the physician's opinion, the employee could not report to work because of such illness or injury and that the employee is sufficiently recovered to safely return to work. Such certificate shall be transmitted to the Executive Director of Personnel Services with the report of the employee's return to work. A physician's certificate or other satisfactory written evidence of actual illness or injury may be required after an absence of any duration less than three (3) days. H. Denial. No employee shall be entitled to sick leave with pay while absent from duty because of sickness or injury purposely self - inflicted or caused by willful misconduct; or, sickness or disability sustained while engaged in employment other than employment by the City, for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation. Excess Usage. If sick leave is used in excess of that due and available an employee, such excess sick leave will, first, be deducted from any available vacation leave benefit; second, from the next scheduled salary payment. J. Necessity Leave. Each employee shall be afforded the opportunity to use up to forty -eight (48) hours of sick leave per calendar year, on a non- cumulative basis, as personal necessity leave. All of this personal necessity leave may be used to attend to an illness of a child, parent, or spouse of the employee. As used in this section, "child" means a biological, foster, or adopted child, a stepchild, a legal ward, or a child of a person standing in loco parentis; "parent" means a biological, foster, adoptive parent, a stepparent, or a legal guardian; and "immediate family" means any member of the employee's household related by blood or marriage; a parent, parent -in -law, spouse, child, brother, sister, 25M -31 grandparent, or grandchild of the employee, regardless of residence; any other relative of the employee by blood or marriage, where it can be established by the employee that the employee's presence is required to handle emergency arrangements and /or other matters. Up to three (3) days of this personal necessity leave may be used: a) to attend to a serious accident to members of the employee's immediate family; b) childbirth; c) to cope with imminent danger to the employee's family, home, or other valuable property; d) when the existence of external circumstances beyond the employee's control make it impossible for him or her to report for duty; or e) attend to medical or dental appointments for members of the employee's household. For the purposes of this section only, a "day" shall be defined as the number of hours of work that an employee is required to work according to his or her specific workday schedule. K. Payment for Unused Sick Leave. 1. Except in cases of disability retirement, upon nondisciplinary termination of employment after ten (10) years of cumulative full - time service with the City, each qualified employee shall be entitled to payment for one -third (1/3) of the total sick leave benefit credited to his or her account upon the effective date of such termination, not to exceed a maximum limit of fifty -three and one -third (53.33) eight (8) hour working days, at the rate of pay effective on the date of such termination. Maximum sick leave cash -out after ten (10) years of service shall be equal to 427 hours (53.33 x 8). At the employee's election, payment of unused sick leave may be received in either a lump sum of money, or in equal monthly payments for a period of up to five (5) years. A lump sum payment shall be made to the beneficiaries of any eligible employee whose death occurs while such employee is an active employee of the City, such payment to be in the amount of one -third (1/3) of the total sick leave benefit credited to the employee's account at the time of his or her death, and at the rate of pay effective on the date of death. 2. At his or her option, an employee may convert any lump sum payment provided herein into health insurance premiums, to the 25M -32 extent necessary to provide the employee and his or her designated eligible dependents, if any, with benefits under the health insurance program maintained by the City. The City's obligation to pay such premium shall terminate upon the happening of any of the following events: a. Premiums have been paid on behalf of the former employee until all monies are exhausted; or b. The sum of premiums paid equals one hundred fifty percent (150°/x) of the amount of the lump sum payment that the employee would have received for unused sick leave benefits had this option not been elected. C. Except in cases of disability retirement, upon non - disciplinary termination of employment after fifteen (15) years of cumulative full -time service with the City, each qualified employee shall be entitled to payment for two- thirds (2/3) of the total sick leave benefit credited to his or her account upon the effective date of such termination to be applied toward health insurance premiums only as specified in Subsection K(2) above excluding Subsections a and b d. Any employee who retires after July 1, 2014 may apply any payments for unused Sick Leave that an employee is eligible for as described above may be applied to the Retirement Health Savings account as described in Article 11 Section 11.7 of this MOU. 3. Payment After Twenty -Five Years. Affected employees shall be granted payment for unpaid sick leave on the same basis above, with the exception that such affected employees who have completed twenty -five (25) years or more of cumulative service with the City shall be entitled to payment for two- thirds (2/3) of the total sick leave benefit credited to his or her account upon the effective date of his or her termination, not to exceed a maximum limit of 1066 hours, at the rate of base pay effective on the date of such termination. L. The City Manager is authorized to grant a newly appointed incumbent of a SAMA classification sick leave credits up to an amount equal to any earned but unused sick leave credits available to such appointee at the time of his or her separation from his or her most recent previous 25M -33 employer. 10.2 Bereavement Leave. A. 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. Such leave is designated as bereavement leave. "Immediate family" as used in this section is limited to: 1. Any member of the employee's household related by blood or marriage; 2. A parent, parent -in -law, spouse, child, brother, sister, grandparent or grandchild of the employee, regardless of residence; 3. Any other relative of the employee by blood or by marriage where it can be established by the employee that as a result of such relative's death, the employee's presence is required to handle funeral arrangements and /or matters of estate. B. Whenever an employee is required to travel one way more than 500 miles to attend to the death of a member of the employee's immediate family, an employee may use up to sixteen (16) hours of additional leave charged to their Personal Necessity Leave balance when authorized by the Executive Director. 10.3 Military Leave. A. Proof of Orders and Reinstatements. An employee shall be granted military leave if he or she furnishes the Executive Director of Personnel Services satisfactory proof of his or her order to report for duty. Upon return and upon showing of proof of actual service pursuant to such orders, he or she will be reinstated as provided in Chapter 9 -143 of the Civil Service Rules and Regulations of the City of Santa Ana. B. Temporary. Members of the reserve forces of the United States, or the National Guard, granted temporary leave when ordered to duty, in accordance with the Military and Veterans Code, will be granted leave with pay not to exceed thirty (30) calendar days in each calendar year after one (1) year's service with the City upon presenting satisfactory proof of orders to and from such temporary active duties. 10.4 Jury and Witness Leave. When an on -duty employee is called to serve as a juror 251 -34 or non -party witness in any court action, he or she shall be allowed to leave for the time actually required for such service without loss of pay. Each on -duty employee called for such service shall present to his or her Executive Director for examination the subpoena calling him or her to such service and shall pay into the City Treasury the fees collected for such service, with the exception of reimbursement for transportation expenses, if any. 10.5 Examination Leave. Employees participating in examinations conducted during their normal working hours for positions in the competitive service of the City of Santa Ana will be granted leave with pay for the time actually required without loss of any accrued vacation time off benefits. 10.6 Unauthorized Absence. Unauthorized absence from duty for any duration of time may be considered cause for dismissal. Absence from duty without leave for five (5) consecutive working days shall be deemed a resignation from the service; provided, however, if upon return to duty the person so absenting himself or herself makes an explanation satisfactory to the Executive Director regarding the cause of his or her absence, the Executive Director may restore him or her to his or her position, with the City Manager's approval. 10.7 Authorized Absence Without Pay - Short Term. Absence without pay not to exceed five (5) consecutive working days, may be authorized by the Executive Director. Absence without pay not to exceed fifteen (15) calendar days may be authorized by the Executive Director with the approval of the City Manager. Such an absence may be authorized only if in the judgment of the Executive Director it serves the best interest of the City. 10.8 Authorized Absence Without Pay - Long Term. Upon receipt of a written request from an employee having permanent status, plus action by the Executive Director recommending approval of the request, the City Manager may grant a leave of absence without pay for up to six (6) months. An employee returning to duty with the City shall inform the Executive Director and the Executive Director of Personnel Services of his or her intention at least thirty (30) calendar days prior to the expiration of the six (6) month period, or shorter period if the full six (6) months is not taken. Upon receipt of such notice, the Executive Director will take steps necessary to restore the employee to his or her former position. In addition to the above, the City Manager may grant a further extension not to exceed a total of one (1) year leave of absence without pay. 10.9 Industrial Leave. Any period of time during which an employee is required to be 25M -35 absent from his or her position by reason of an industrial injury or industrial illness for which he or she is entitled to receive compensation shall not be considered a break in continuous service for the purpose of his or her right to salary adjustments or to the accrual of vacation and seniority. 10.10 Pregnancy Disability Leave. A pregnant employee is entitled to a reasonable leave of absence without pay for any temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefrom. Such reasonable leave of absence shall not exceed four (4) months. However, an employee may be granted up to an additional two (2) months of leave, at the discretion of the City Manager, for a total of up to six (6) months in which to recover from the disability if substantiated by a physician's certificate. Employees may take an unpaid leave of absence during pregnancy disability consistent with the law. As with all other temporary disabilities, a physician's certificate is required to verify the extent and duration of the temporary disability. An employee who plans to take a pregnancy leave must give a reasonable notice (not less than four (4) weeks) before the date she will take the leave and the estimated duration of the leave. Health and welfare insurance coverage will be continued only if the employee pays a cash premium to continue coverage while on a leave of absence without pay or is covered under the Family Medical Leave Act (FMLA) or California Family Rights Act (CFRA) provisions. 10.11 Administrative Leave. The City Manager is authorized to grant, at his or her discretion, paid or unpaid leave for full time SAMA employees. 10.12 Catastrophic Leave. 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 SAMA agree to implement a Catastrophic Leave Donation Program. Nothing herein shall be construed to alter City policies and procedures as provided in the Charter or ordinance of the City of Santa Ana or other provisions of this Agreement with regard to granting unpaid leaves of absence. The Catastrophic Leave benefit will be provided for non - industrial injury or sickness only. The leave shall cover the uncompensated time prior to the employee's becoming eligible for the Long Term Disability benefits. A. Guidelines. It shall be understood that all donations under this procedure 251 -36 are voluntary and subject to taxation for the recipient. 1. Employees may donate vacation time or one in lieu holiday to the eligible employee. In no event shall sick leave be donated. 2. Employees shall be provided a two -week periods to submit donations. Donations received after this two -week period shall not be processed. The two -week period for each case shall be designed by the Executive Director or his or her designee as provided herein below. 3. All donations must be made in two (2) hour increments and a maximum of eight (8) hours per donor, except in lieu holidays must be for eight (8) hours. 4. Any authorization of donations not made in accordance with the procedures outlined in Subsection 10.12(C)(2) below, will not be processed. 5. All donations shall be irrevocable. 6. In 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 way be used pursuant to Subsection 10.1 (A) through 10.1(K). 7. Donations shall be limited to employees of this bargaining unit or any other unrepresented unit. B. Eligibility. Regular, full -time SAMA 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 and vacation, will be exhausted and the employee's illness will continue past the time when the employee will be on paid status. 2. The employee's Executive Director, or his or her designee, has approved a written request for donation 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. 251 -37 C. Procedure. 1. Upon receipt of a valid request for donations from an eligible employee, the Executive Director or his or her designee shall post a notice of the eligible employee's need for donation on bulletin boards accessible to employees. No confidential medical information shall be included in the posted notice. 2. Employee 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 vacation time of the donation within the limitation of Subsection 10.12(A)(3) above; C. The name, department and employee number of the recipient; d. A statement indicating that the donor understands such donation of time is irrevocable. 3. At the close of the donation period, the department shall verify that each donating employee has accrued vacation 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 Subsection 10.12(A) herein. 5. The City shall add the donated time to the recipient's sick leave account. 25M -38 ARTICLE XI 11.0 EMPLOYEE INSURANCE 11.1 Health Insurance. The City shall contribute the following amounts toward the payment of premiums for affected full time employees and their dependents under the existing health insurance programs or new program or programs providing substantially similar or improved coverage and benefits selected in accordance with procedures in effect on the effective date of this Agreement: A. Effective July 1, 2005, the City shall contribute toward medical premiums an amount consistent with the rates then in effect for each tier of the CalPERS Kaiser Permanente HMO Other Southern California plan. B. Effective January 1, 2006, January 1, 2007, January 1, 2008, January 1, 2009, and January 1, 2010, respectively, the City shall contribute toward medical premiums an amount consistent with the rates then in effect for each tier of the CalPERS Kaiser Permanente HMO Other Southern California plan. C. Any contribution necessary to maintain benefits under said medical plans in excess of the amount set forth above shall be borne entirely by the employee. 11.2 Dental Insurance. A. Effective January 1, 2004, through December 31, 2005, the City agrees to contribute a maximum of up to seventy dollars ($70) per month per employee toward the payment of premiums for dental insurance plans provided by the City for employees covered by this Agreement and their eligible dependents. Effective January 1, 2006, the City contribution amount will be increased to a maximum of up to eighty dollars ($80) per month per employee. Effective January 1, 2007, the City contribution amount will be increased to a maximum of up to ninety dollars ($90) per month per employee. B. Any contribution necessary to maintain benefits under said dental plans in excess of the amount set forth above shall be borne entirely by the employee. 11.3 Long -Term Disability (L.T.D.) Insurance. The City shall continue to pay one hundred percent (100 %) of the premium cost for a 60 -day elimination period long 25M -39 term disability insurance plan for employee covered by this Agreement. 11.4 Life Insurance, The City shall continue to pay one hundred percent (100 %) of the premium cost for term life insurance coverage under the policy it maintains on behalf of employees in order to provide employees covered by this Agreement with life insurance coverage in an amount equal to twice such employee's annual rate of salary to a maximum of three hundred thousand ($300,000) provided said affected employees can provide evidence of insurability of coverage if so required by the terms and conditions of said term life insurance policy. In the event any such employee is determined to be ineligible for said insurance coverage, the City will attempt to provide as much coverage as may be obtained at reasonable cost without having to provide evidence of insurability. 11.5 The City shall retain the right to change health, dental and life insurance carriers, administer the insurance benefits provided thereunder, and select and /or change any excess or supplemental insurance carriers as a part of any self- insurance plan during the term of this Agreement, provided that employees covered by this Agreement continue to receive equivalent benefits and provided that the parties have met and conferred before the benefits changes are made. 11.6 Affected employees shall have the option of waiving coverage under any City sponsored group insurance plan, such as medical, and dental, and receiving a cash payment each month in an amount equal to the City contribution for the "employee- only" coverage for medical and the City contribution for family dental. The above specified amounts of City contributions towards each such coverage waived will be applied to earned income. 11.7 Medical Retirement Subsidy Plan. A. The City shall make an annual deposit of 1.75% of payroll into the Medical Retirement Subsidy Plan. Said payment shall be made by January 1, 2015. B. The plan shall be administered by the City, at no cost to SAMA or its members pursuant to the written directives of SAMA. The funds contributed by the City will be maintained in such a manner as to insure that the funds are invested in a reasonably secure plan that bears a reasonable rate of interest/growth given current financial markets. For purposes of this Agreement, investments made pursuant to the then current Statement of Investment Policy for the City of Santa Ana, shall be deemed to meet the requirements of this section. This program is for medical insurance premium reduction only. 25-40 C. The City and SAMA agree to work towards the establishment of a Retirement Health Savings (RHS) account for individual SAMA members. D. Upon establishment of the RHS the City agrees to increase SAMA members base salary by 1.25% with said amount being deducted into employees individual RHS. E. If said RHS is established after annual payment of the 1.75% into the existing Medical Retirement Subsidy plan, the salary adjust of 1.25% described in paragraph "D" above will occur on July 1, 2015. 11.8 Vision Plan. As soon as practicable after the approval of this Memorandum of Understanding by the City Council, the City agrees to implement a non- contributory vision plan through payroll deduction for employees wishing to participate in such a plan. 25BA -41 ARTICLE XII 12.0 DEFERRED COMPENSATION 12.1 Deferred Compensation Benefit. A. Background. Prior to July 1, 1991, the City authorized an amount equal to one percent (1.0 %) of pay for a deferred compensation benefit for full time management employees. This benefit was treated as a separately from salary, and was not included in the City's salary and wage schedule. Effective July 1, 1991, to comply with CalPERS wage reporting requirements, this benefit was added to the pay rate assigned to each classification and reported as "salary" to CalPERS. Thereafter, pay levels for SAMA classifications included this additional one percent (1.0 %) deferred compensation benefit. B. Deferred Compensation Benefit. Each affected employee in a SAMA classification may at his /her option defer said compensation by directing the City to deposit this amount (one percent of base pay) in their individual deferred compensation account. Such contribution shall continue to be subject to the general terms and conditions of the City's qualified Deferred Compensation Plan. 25M -42 ARTICLE XIII 13.0 RETIREMENT 13.1 General. The terms of the existing contract between the City and California Public Employees' Retirement System (CaIPERS) governing the City retirement benefits for affected employees are incorporated by reference herein. The City shall continue to make contributions to CaIPERS in accordance with its contract with CaIPERS for affected employees covered by said contract as amended. 13.2 Deferred Retirement. The City will continue to make payment to CaIPERS on behalf of each affected employee, in an amount necessary to pay one hundred percent (100 %) of his or her individual retirement contribution which is currently equal to seven percent (7 %) of base salary, and will increase to eight percent (8 %) of base salary, effective January 1, 2009. 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, and not ordinary income. In the event that the City receives a ruling from the Internal Revenue Service that such payments are ordinary income of the employees instead of deferred compensation, the City's obligation to make such payments shall discontinue and in place thereof the base salary of each said employee shall forthwith be increased by fourteen (14) salary rate ranges (Administrative Management employees), or sixteen (16) salary rate ranges after January 1, 2009, or approximately seven percent (7 %) (Middle Management employees) or approximately eight percent (8 %) after January 1, 2009. 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 Credit for Unused Sick Leave. An employee covered by this Agreement, can have unused accumulated sick leave at the time of retirement converted to additional service credit at the rate of 0.004 years of service credit for each day of unused sick leave (i.e., 200 days of sick leave equals .80 additional years of service credit). The City must report only those days of unused sick leave that were accrued by the employee during the normal course of employment. This 251A -43 section applies to members whose effective date of retirement is within four (4) months of separation from employment. 13.4 Military Service Credit as Public. An employee covered by this Agreement may elect to purchase up to four (4) years of service credit for any continuous active military or merchant marine service prior to employment. The employee must contribute an amount equal to the contribution for current and prior service that the employee and the employer would have made with respect to that period of service. 13.5 2.7% at 55 Service Retirement Benefit for Classic Miscellaneous Members. The City agrees to provide Miscellaneous employees covered by this agreement with the 2.7% at 55 Service Retirement benefit. Pursuant to CalPERS regulations. This formula will apply to each year of eligible service credited with the City of Santa Ana. Employee Contribution for Retirement Benefit. The employee's contribution rate will be eight - percent (8 %). All employee contributions for retirement benefits are paid to the employer cost (i.e., employer contribution) in accordance with Government Code section 20516(f). The parties acknowledge that this provision has been mutually negotiated and incorporated as an essential element of the parties' MOU. In the event that either party wishes to modify this provision in a successor MOU, the parties intend for this provision to remain unchanged until a successor MOU is ratified or impasse procedures have been concluded. Pre - Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, the City shall make the above employee deductions pre -tax contributions. For "New Members" within the meaning of the California Public Employees' Pension Reform Act ( PEPRA) of 2013 The PEPRA went into effect on January 1, 2013. The parties agree that if there is any other clean up or other retirement legislation which goes into effect during this MOU and if there are provisions of that legislation which, by law, automatically goes into effect, either party may request to negotiate over the legislation, including over the impact. Retirement Formula: Per Government Code Section 7522.20(a), the 2 %@ 62 retirement formula for non - sworn. Final compensation will be based on the highest annual average compensation earnable during the thirty -six (36) consecutive months immediately preceding the 251 -44 effective date of his or her retirement, or some other thirty -six (36) consecutive month period designated by the member. Employees shall pay one half of the normal cost rate, as established by CalPERS. 25M -45 ARTICLE XIV 14.0 TUITION REIMBURSTMENT 14.1 Affected employees shall continued to be eligible to participate in the existing Training and Education Assistance Program provided for all regular, full -time employees of the City; except, however, reimbursement for eligible employees shall be one hundred percent (100 %) of tuition and registration cost up to a maximum of two thousand dollars ($2,000) per year in accordance with the provisions of that program. 25M -46 ARTICLE XV 15.0 ELECTRONIC DEVICE STIPEND 15.1 Electronic Device. Stipend. All full -time SAMA employees covered under this agreement, whose supervisor determines is required to have a cellphone or tablet will be given the option to choose one of the following: A. Be provided a City paid phone or tablet, or B. Be compensated a maximum of seventy -five dollars ($75) monthly to cover costs related to the use of personal electronic devices (phone and /or tablet) for City business. Employees who use their own devices will comply with the City's policy. 25DA -47 ARTICLE XVI 16.0 STRIKES AND WORK STOPPAGES 16.1 Prohibited Conduct. A. SAMA, its officers, agents, representatives, and members agree that during the term of this Agreement, they will not cause or condone any unlawful strike, walkout, slowdown, sickout, or any other unlawful job action by withholding or refusing to work. B. According to City Charter Section 1014, any employee who participates in any conduct prohibited in Subsection A above shall be subject to suspension, demotion or dismissal by the Appointing Authority. 16.2 SAMA Responsibility. Whenever SAMA, its officers, agents, representatives, or members engage in any of the conduct prohibited in Subsection 14.1(A) above of this Article, SAMA will immediately instruct any persons engaging in such conduct that their conduct is violating this Agreement and unlawful, and they must immediately cease engaging in the conduct prohibited in said Subsection 14.1(A) above, and return to work. 25M -48 ARTICLE XVII 17.0 SOLE & ENTIRE AGREEMENT 17.1 It is understood and agreed that the parties to this Memorandum of Understanding are subject to all current and future applicable Federal and California laws, The City of Santa Ana Charter, its Municipal Code, and its City's Employer - Employee Relations Resolution Number 81 -75. It is the intent of the parties hereto that the provisions of this Agreement will supersede all prior agreements, memoranda of agreement, memoranda of understanding, or contrary salary, and /or personnel rules and regulations, Municipal Code provisions of the City, oral or written agreements expressed or implied between the parties. This Agreement will govern the entire relationship and will be the sole source of any rights that they may assert hereunder. This Agreement is not intended to conflict with Federal or State law or the City Charter. 17.2 Notwithstanding the above, there exists within the City personnel rules and regulations and departmental rules and regulations. The City shall continue these rules and regulations to the extent that they do not contravene specific provisions of this Agreement. Such rules and regulations may, from time to time, be changed by the City. If these changes affect wages, hours, or other terms and conditions of employment, the City shall meet and confer with SAMA; provided further, the parties shall change no provision of the rules and regulations to contravene specific provisions of this Agreement. 25W -49 ARTICLE XVIII 18.0 SEPARABILITY PROVISION 18.1 Should any provisions of this Agreement be found to be inoperative, void, or invalid by a court competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement, provided that if any such affected provisions invalidate or void any benefits of employees covered hereunder, the parties shall forthwith commence negotiations to replace the invalidated benefits with benefits of comparable value. 25M -50 ARTICLE XIX 19.0 GRIEVANCE REVIEW PROCEDURE 19.1 Definition of a 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 those provisions 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 participation in the Grievance Review Procedure. 19.2 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. B. Every effort shall be made to find an acceptable solution to the grievance through this informal means at the most immediate level of supervision. C. In order that this informal procedure may be responsive, both parties involved shall expedite this process. If, within five (5) working days, a mutually acceptable solution has not been reached 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 immediate supervisor. At this point, the grievance review process becomes formal. Should the grievant fail to file a written grievance, and in the manner specified above, within ten (10) working days after first discussing the grievance with the employee's immediate supervisor, the grievance shall be barred and waived. 19.3 Formal Process. A. If a 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 shall add his or her comments and any justification 25M -51 he or she considers proper, sign it, and forward it to the Department Head without undue delay or, in no case, more than ten (10) calendar days. B. If the grievant files a written grievance with the Department Head in the manner and within the time limits specified, then a conference shall be held at the request of the employee or the Department Head. C. The Department Head shall inform the employee of his or her action within ten (10) calendar days after receipt of the request of the settlement. The original of the grievance form and the Department Head's decision shall be filed in the personnel records of the department. D. If no satisfactory settlement has been reached at the departmental level, the employee may, within ten (10) calendar days after being informed by the Department Head of his or her decision on the matter, and the reasons thereof, submit the grievance in writing to the City Manager, or his or her 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 Department Head's response. E. The City Manager or his duly authorized representative, after a careful review, shall render a final decision on the merits of the grievance, in writing, and return it to the grievant within fifteen (15) calendar days after receiving the grievance. A copy of the written grievance to the City Manager, or his or her duly authorized representative, and of the City Manager's or his or her representative's written decision shall be filed in the personnel records of the department and the grievant's personnel jacket maintained in the Personnel Services Department. F. After the procedures set forth in this Article have been exhausted, the grievant, the Association, and the City shall have all rights and remedies to pursue said grievance under the law. 25M -52 ARTICLE XX 20.0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT 20.1 During the term of this Agreement, the parties mutually agree that they will not seek to negotiate or bargain concerning wages, hours, or terms and conditions of employment, whether or not covered by the Agreement, or in the negotiations leading thereto, and whether or not such matters were discussed, or were even within the contemplation of the parties 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 not covered by this Agreement, or to carry out any provision of salary or benefit tied to another bargaining unit during the term of this Agreement. 20.2 Re- opener Regarding Possible Merger of Middle and Administrative Management Categories of Employment. During FY 2010 -11, the City and SAMA agree to re -open the MOU for the purpose of discussing the feasibility of merging Middle and Administrative Management categories of employment. 25M -53 ARTICLE XXI 21.0 EMERGENCY WAIVER PROVISION 21.1 In case of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this Agreement or the Santa Ana Municipal Code or Resolutions, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergencies. After the City declares the emergency over, this Agreement will be reinstated immediately. SAMA shall have the right to meet and confer with the City regarding the impact of the suspension of the provisions in the Agreement during the emergency. 25M -54 ARTICLE XXII 22.0 TERM 22.1 The term of this Memorandum of Understanding shall commence on the date when the terms and conditions for its effectiveness, as set forth in Article III, Implementation, are fully met, but in no event shall said Memorandum of Understanding become effective prior to 12:01 a.m. on July 1, 2014. This Memorandum of Understanding shall expire and otherwise be fully terminated at 12:00 midnight on June 30, 2015. 25M -55 ARTICLE XXIII 23.0 NON - DISCRIMINATION 23.1 The parties mutually recognize and agree fully to protect the rights of all employees covered hereby to join and participate in the activities of SAMA and all other rights in the Employee Relations Resolution (Resolution Number 81- 075) and Government Code, Sections 3500 through 3511. 23.2 The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby without favor or discrimination because of race, color, sex, sexual orientation, age, national origin, political or religious opinions or affiliations, or disability status or other factors not directly related to the successful performance of the job. 251 -56 ARTICLE XXIV 24.0 RATIFICATION & EXECUTION 24.1 The City and SAMA have reached an understanding as to certain recommendations to be made to the City Council of 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 SAMA acknowledge that this Agreement shall not be in full force and effect until ratified by the membership of SAMA 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 SAMA and entered into this day of 2014. CITY OF SANTA ANA, a Municipal Corporation of the State of California Dated: By: Dated: By: Dated: By: Mayor City Manager Executive Director, Personnel Services APPROVED AS TO FORM: Clerk of the Council City Attorney 25M -57 This Agreement has been ratified by the membership of the Santa Ana Management Association, Dated: Jamie Newton Orange County Employees Association Chief Negotiator SAMA President 25M -58 Exhibit A 251 -59 Schedule of Salary Rate Ranges for Represented Middle Management Classes of Employment Effective 7/01/13 (Note: Addition of Step 16 effective 7/01/12; Addition of Step 17 effective 7/01/13 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 MM -10 6038 6187 6341 6501 6666 6830 7000 7175 7355 7538 7725 7919 8119 8320 8527 8743 8961 MM -11 6187 6341 6501 6666 6830 7000 7175 7355 7538 7725 7919 8119 8320 8527 8743 8961 9185 MM -12 6341 6501 6666 6830 7000 7175 7355 7538 7725 7919 8119 8320 8527 8743 8961 9185 9414 MM -13 6501 6666 6830 7000 7175 7355 7538 7725 7919 8119 8320 8527 8743 8961 9185 9414 9651 MM -14 6666 6830 7000 7175 7355 7538 7725 7919 8119 8320 8527 8743 8961 9185 9414 9651 9891 MM -15 6830 7000 7175 7355 7538 7725 7919 8119 8320 8527 8743 8961 9185 9414 9651 9891 10138 MM -16 7000 7175 7355 7538 7725 7919 8119 8320 8527 8743 8961 9185 9414 9651 9891 10138 10392 MM -17 7175 7355 7538 7725 7919 8119 8320 8527 8743 8961 9185 9414 9651 9891 10138 10392 10652 MM -18 7355 7538 7725 7919 8119 8320 8527 8743 8961 9185 9414 9651 9891 10138 10392 10652 10917 MM -19 7538 7725 7919 8119 8320 8527 8743 8961 9185 9414 9651 9891 10138 10392 10652 10917 11190 MM -20 7725 7919 8119 8320 8527 8743 8961 9185 9414 9651 9891 10138 10392 10652 10917 11190 11470 MM -21 7919 8119 8320 8527 8743 8961 9185 9414 9651 9891 10138 10392 10652 10917 11190 11470 11756 MM -22 8119 8320 8527 8743 8961 9185 9414 9651 9891 10138 10392 10652 10917 11190 11470 11756 12051 MM -23 8320 8527 8743 8961 9185 9414 9651 9891 10138 10392 10652 10917 11190 11470 11756 12051 12353 MM -24 8527 8743 8961 9185 9414 9651 9891 10138 10392 10652 10917 11190 11470 11756 12051 12353 12660 MM -25 8743 8961 9185 9414 9651 9891 10138 10392 10652 10917 11190 11470 11756 12051 12353 12660 12978 MM -26 8961 9185 9414 9651 9891 10138 10392 10652 10917 11190 11470 11756 12051 12353 12660 12978 13300 MM -27 9185 9414 9651 9891 10138 10392 10652 10917 11190 11470 11756 12051 12353 12660 12978 13300 13635 MM -28 9414 9651 9891 10138 10392 10652 10917 11190 11470 11756 12051 12353 12660 12978 13300 13635 13976 MM -29 9651 9891 10138 10392 10652 10917 11190 11470 11756 12051 12353 12660 12978 13300 13635 13976 14324 MM -30 9891 10138 10392 10652 10917 11190 11470 11756 12051 12353 12660 12978 13300 13635 13976 14324 14683 MM -31 10138 10392 10652 10917 11190 11470 11756 12051 12353 12660 12978 13300 13635 13976 14324 14683 15048 MM -32 10392 10652 10917 11190 11470 11756 12051 12353 12660 12978 13300 13635 13976 14324 14683 15048 15426 MM -33 10652 10917 11190 11470 11756 12051 12353 12660 12978 13300 13635 13976 14324 14683 15048 15426 15810 MM -34 10917 11190 11470 11756 12051 12353 12660 12978 13300 13635 13976 14324 14683 15048 15426 15810 16205 MM -35 11190 11470 11756 12051 12353 12660 12978 13300 13635 13976 14324 14683 15048 15426 15810 16205 16610 MM -36 11470 11756 12051 12353 12660 12978 13300 13635 13976 14324 14683 15048 15426 15810 16205 16610 17025 MM -37 11756 12051 12353 12660 12978 13300 13635 13976 14324 14683 15048 15426 15810 16205 16610 17025 17450 MM -38 12051 12353 12660 12978 13300 13635 13976 14324 14683 15048 15426 15810 16205 16610 17025 17450 17887 MM -39 12353 12660 12978 13300 13635 13976 14324 14683 15048 15426 15810 16205 16610 17025 17450 17887 18334 MM -40 12660 12978 13300 13635 13976 14324 14683 15048 15426 15810 16205 16610 17025 17450 17887 18334 18792 251 -59 EXHIBIT B SCHEDULE OF SALARY RATE RANGES FOR ADMINISTRATIVE MANAGEMENT CLASSES OF EMPLOYMENT CURRRENT AS OF 7/01/13 25M -60 0 1 2 3 4 5 6 7 8 9 AM50 2391 2402 2414 2427 2439 2451 2463 2475 2488 2500 AM51 2511 2523 2536 2548 2561 2574 2587 2600 2613 2626 AM52 2637 2650 2663 2676 2690 2703 2717 2730 2744 2758 AM53 2769 2782 2796 2810 2824 2838 2853 2867 2881 2896 AM54 2907 2921 2936 2950 2965 2980 2995 3010 3025 3040 AM55 3052 3067 3082 3098 3113 3129 3144 3160 3176 3192 AM56 3205 3221 3237 3253 3269 3285 3302 3318 3335 3352 AM57 3365 3381 3398 3415 3432 3449 3467 3484 3501 3519 AM58 3533 3550 3568 3586 3604 3622 3640 3658 3676 3695 AM59 3710 3728 3747 3765 3784 3803 3822 3841 3861 3880 AM60 3896 3915 3935 3954 3974 3994 4014 4034 4054 4074 AM61 4091 4111 4132 4152 4173 4194 4215 4236 4257 4278 AM62 4296 4317 4339 4360 4382 4404 4426 4448 4470 4493 AM63 4511 4533 4556 4579 4601 4624 4648 4671 4694 4718 AM64 4741 4764 4787 4810 4834 4858 4882 4906 4930 4954 AM65 4978 5002 5026 5051 5076 5101 5126 5151 5176 5201 AM66 5226 5252 5278 5304 5330 5356 5382 5408 5434 5461 AM67 5488 5515 5542 5569 5596 5623 5650 5678 5706 5734 AM68 5762 5790 5818 5847 5876 5905 5934 5963 5992 6021 AM69 6050 6080 6110 6140 6170 6200 6230 6260 6291 6322 AM70 6353 6384 6415 6446 6478 6510 6542 6574 6606 6638 AM71 6670 6702 6735 6768 6801 6835 6869 6903 6937 6971 AM72 7005 7039 7073 7107 7141 7176 7211 7247 7283 7319 AM73 7355 7391 7427 7463 7499 7535 7571 7609 7647 7685 AM74 7723 7761 7799 7837 7875 7913 7951 7989 8029 8069 AM75 8109 8149 8189 8229 8269 8309 8349 8389 8431 8473 AM76 8515 8557 8599 8641 8683 8725 8767 8809 8853 8897 AM77 8941 8985 9029 9073 9117 9161 9205 9250 9296 9342 AM78 9388 9434 9482 9529 9577 9625 9673 9721 9770 9819 AM79 9857 9906 9955 10005 10055 10105 10156 10207 10258 10309 AM80 10350 10401 10453 10506 10558 10611 10664 10717 10771 10825 AM81 10868 10922 10976 11031 11086 11142 11198 11254 11310 11366 AM82 11411 11468 11525 11583 11640 11699 11757 11816 11875 11934 AM83 11982 12041 12102 12162 12223 12284 12345 12407 12469 12532 AM84 12581 12643 12707 12770 12834 12898 12963 13027 13093 13158 AM85 13210 13275 13342 13409 13476 13543 13611 13678 13748 13816 AM86 13871 13939 14009 14079 14150 14220 14292 14362 14435 14507 AM87 14565 14636 14709 14783 14858 14931 15007 15080 15157 15232 AM88 15293 15368 15444 15522 15601 15678 15757 15834 15915 15994 25M -60 EXHIBIT C 7/1/2014 JOB TITLES RANGE NO. ACCOUNTING MANAGER (MM) MM -25 ADMINISTRATIVE SERVICES MANAGER (MM) MM -22 ASSISTANT CITY ATTORNEY (MM) MM -22 ASSISTANT DIR OF COMMUNITY DEVELOPMENT (MM) MM -26 ASSISTANT DIR OF FINANCE AND MANAGEMENT SVCS (MM) MM -28 ASSISTANT DIR OF PARKS, REC, AND CMTY SVCS (MM) MM -26 ASSISTANT DIR OF PERSONNEL SERVICES (MM) MM -26 ASSISTANT DIR OF PLANNING AND BUILDING (MM) MM -28 ASSISTANT TO THE CITY MANAGER (MM) MM -22 BUILDING SAFETY MANAGER (MM) MM -26 CHIEF ASSISTANT CITY ATTORNEY (MM) MM -30 CITY ENGINEER (MM) MM -28 CITY TRAFFIC ENGINEER (MM) MM -25 COMMUNITY DEVELOPMENT MANAGER (MM) MM -26 COMMUNITY PRESERVATION MANAGER (MM) MM -26 COMMUNITY SERVICES MANAGER (MM) MM -22 CORPORATE YARD FACILITIES /FLEET SVCS MGR (MM) MM -22 COUNCIL SERVICES MANAGER (MM) MM -22 DEPUTY BUILDING OFFICIAL /NEW CONSTRUCTION (MM) MM -22 DEPUTY BUILDING OFFICIAL /PLAN CHECK (MM) MM -25 DEPUTY CITY ATTORNEY (MM) MM -12 DEPUTY CITY ENGINEER (MM) MM -25 ECONOMIC DEVELOPMENT MANAGER (MM) MM -26 FACILITIES MAINTENANCE SUPERINTENDENT (MM) MM -18 HOUSING DIVISION MANAGER (MM) MM -26 INFORMATION SERVICES MANAGER (MM) MM -25 LIBRARY OPERATIONS MANAGER (MM) MM -17 PLANNING MANAGER (MM) MM -26 PRINCIPAL CIVIL ENGINEER (MM) MM -25 PUBLIC WORKS MAINTENANCE MANAGER (MM) MM -24 RISK MANAGER (MM) MM -23 SENIOR ASSISTANT CITY ATTORNEY (MM) MM -28 STRATEGIC COMMUNICATIONS MANAGER (MM) MM -19 TRANSIT PROGRAM MANAGER (MM) MM -25 TRANSPORTATION MANAGER (MM) MM -25 TREASURY MANAGER (MM) MM -22 WATER RESOURCES MANAGER (MM) MM -26 ZOO MANAGER (MM) MM -22 251 -61 APPLICATIONS SYSTEMS MANAGER (AM) AM772 APPLICATIONS/TECH SUPPORT MANAGER (AM) AM782 BENEFITS AND COMPENSATION SUPERVISOR (AM) AM732 BENEFITS SUPERVISOR (AM) AM721 BUDGET AND RESEARCH MANAGER (AM) AM762 COMMUNITY PRESERVATION COORDINATOR (AM) AM723 CORRECTIONAL MANAGER (AM) AM735 POLICE SYSTEMS MANAGER (AM) AM772 PRINCIPAL MANAGEMENT ANALYST (AM) AM732 PRINCIPAL PLANNER (AM) AM758 SUPERVISOR OF INSPECTIONS (AM) AM743 WORKERS' COMPENSATION SUPERVISOR (AM) AM721 25M -62