Loading...
ORANGE MANAGEMENT ASSNRESOLUTION NO. 11531 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING RESOLUTION NO. 11512 BETWEEN THE CITY OF ORANGE AND THE ORANGE MANAGEMENT ASSOCIATION WHEREAS, the City of Orange, hereinafter referred to as "City", and the Orange Management Association, hereinafter referred to as "OMA", has an existing labor contract (i.e. Memorandum of Understanding"or"MOU") in effect through and including June 30,2025; and WHEREAS,the Records Coordinator classification is being proposed by City staff as part of mid-year FY 24 budget adoption changes with an effective date of March 10, 2024; and WHEREAS, the classification of Records Coordinator needs to be established with a commensurate salary range within the OMA MOU; and WHEREAS, the salary range for these classifications must be authorized by the City Council and published by the City in order for the salary range to be considered pension-reportable, pursuant to CalPERS law; and WHEREAS,City staff is proposing to eliminate the vacant classification of Real Property Agent; and WHEREAS, the City and OMA have met and conferred in accordance with the requirements of the Meyers-Milias-Brown Act. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that the attached OMA salary table effective December 31, 2023 is hereby amended effective March 10, 2024 by reference as Appendix A. ADOPTED this 12th day of March 2024. D ' 1 R. Slater, Mayor, City of Orange ATTEST: 1 Pamela Coleman, City Clerk, City of Orange APPROVED AS TO FORM: Mik¢Vigliotta, Ci Attorney Attachment: Appendix A STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ORANGE I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 12th day of March 2024, by the following vote: AYES: COUNCILMEMBERS: Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, and Slater NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bilodeau Pamela Coleman, City Clerk, City of Orange Resolution No. 11531 2 t.) C& 1 C " sl cntncncntnvncncnp: J7* ' tC ' b ' b ' bbt-' t' t4t4 " 5 5 x tllCIt) onnneo n an CD CD N 0 ( D CD ( D fD a a c O' I ( D A) A) Q; N pt ..,, ..,, n, 5 5 n a o W• ( D 0 0 0 C t• n o o o = o w c t ps. I ~ ~ may cm o 0 0 . e < a. a l O O O O O O O O 1 O y ` G $ ` G a 4 ° g g -- • 6• • •= i 0 v 0 ( D p, a 0 0. 1 t a 09 1v A, 0 0 0 p = p . 0 n n c Cn to CD CD — o n O 0 o *° C7 Z r" 4 4 " 0 . . . d v, n a , t o o O va 0, Et- tll w p to cu . C o co ° < ' ' 0 CD O O c ° cu R c1) o' ^ o . d a CD a " q = i ° D n. Fu ' n to o ?' o p. n lr y , g o o c 4 o = o aor.D o 2' N 5• .-- 5. b 6, = 7 n . Oa. = r. 0, 0 O co ' y 0, c O O .. O r+i. ", 0 00 . co c °• -- p., 1' y O O 0 CA 0 0 0 °, n ° v' CA ih o c o 0 0 o 0 ,; ° o o ' o Z P2- iC a . z ,' coo 0 0 u c cu a c` Di w a. CA CD c . o p, c VI ., ry" 164 0 a o co to N• 0 ES. o tn' t o' 4 n 7. Ott o ibr to ON O, O, O1 ON V, v, V1 O, VI VI VI v, V, IT a, u, LA v, v, to ON to U v, V, a, u LA O, v, V, 1 V1 V 00 — 0 — t OO, N A - O - ' OOI 00 O CD . . 00 NO O Ut . Off, Off, NO O w tUJ, - O O O ttilyy z 100 1 1000, 0, viON ONcmcAO, t., ONO, O, O, 00t„ a, a, a, 00 , v) cy 1 v, . P — y, 00 0 . 11. v, O, ? 1 .. - 4 . N N , O N_ -- 1 -- 1 , O O, O, 0 . - 0o tD - . P - 1 A - H OO, 0 w 0 0 0 - , NO . O - 0 00 w w t. J 0 , O 4 . . 0 0 0 00 0 - O A w mod 1 M/ o O, - 1 00 - 1 - 1 , 0 O1 O, O, 00 O, -- 1 O, O, O, -- 1 -- 1 - 1 v, -- I - 1 O, 00 O, O, O, - 1 , O O, J O, - 1 00 - 1 CA 0 ON 0 00 00 A 00 N t. 1 00 00 O 1 . J O -- 1 O, O, N ,--, .--, N O , O t.•/ -- 1 O N N J .-. 00 to l O LA 4) -. 4 4::. CA O w t0 ,--. N - 4. N.) O, N IN.) IQ Vs 00 . A. CD 1 O, CD N -- 1 O, - 1 A A.) O v, O O V, . 4. t.) to — v — t0 . '. O v, '. 0 0 Z. . w to Ut , O Ut . O v , O A .... V, V, NO NO • P , O V J 11 0 O, 00 , O -- 1 00 , O ON 1 - 00 1 - 1 - 1 O, -- 1 00 00 1 V, 1 1 O, 00 1 O, 1 -- 1 N0 O, - 1 - 4 -- IVD 1 CAz C...) IV w 00 IV -- 1 O, N A 0 V, O t. 1 CI CI CIO, -. 4 cn A LA - 4. L.) O, O ? 1 LAt!, 0) 4, w 4, , O, VD O V, , O w N 1 V, N 1 O 1 O, 1 .. I-' N O, O 1 '. O N N N -- 1 t..) t..) , O O l -- 1 O -- 1 0 O, • P t.-) ON .-' VD , O ,-' ,-- 1. J 00 t...) , O W ---. ---- tJ, 00 0 a, - , 0 W t+. 1 O, 00 W 0 . p O b CA O, 00 , O 00 00 ' O, - 1 1 00 1 1 -- A O, 1 00 00 00 O, -- 1 - O\ 00 -- I ON ---- I -- 1 ~ O, -- 1 - 1 1 , O -- 1 O, y 1 N l O , O ut O, oo 00 . P O, • P A 1 O_ O 00 00 NO 00 O, , O 00 O , O 00 A 00 v 00 d ti O NO . P N... - - W - w NO w O O O , OVI - N — -. OO, w to ONO - - w N ,til ' O N rb CA 1 , O 00 , O Z J J 00 , O -- 1 00 1 1 1 00 00 00 0, 00 00 1 , 0 00 - 1 1 00 C J 00 v 00 C 00 O ,-- O, .. r to t0 O w 00 N 00 0 00 00 00 A to N N N t.. 1 0 to 00 N N N 00 N N W O, N 1 O, J N to 0 O ,--. , O — to — ti) v, -. O, , 0 N 00 O , O N -. -. v 00 , 0 — to N to VI - v, - o N 0 , O N N A N v, N 0 0 , O 00 . A w to I.) 0 N N N 0 V, N t.., 000 t.. l , 0 NO , O CA J 00 00 , 0 00 00 00 -- 1 00 , O , O 00 O, 00 00 - 1 , O 00 - 1 00 00 ~-. J 00 00 00 C 00 O W C .-. W W A J . . .- , O . 0 0 ? ON I. J U J tnO ON I. W , Ut r J C Cr11 I-. N O, .--, v, Ut 00 O, v -' -' O O 00 N 1 to -- 1 O, to v, — 0 00 v v — t.., N w rD APPENDIX A (CONTINUED) ORANGE MANAGEMENT ASSOCIATION MONTHLY SALARY RANGES CLASSIFICATION TITLE RANGE STEP STEP STEP STEP STEP STEP A B C D E F Senior Payroll Specialist 568 6061 6370 6695 7036 7395 7772 Senior Plan Check Engineer 643 8810 9261 9731 10228 10750 11298 Senior Planner 614 7624 8014 8421 8851 9302 9776 Senior Water Quality Inspector 579 6403 6729 7073 7433 7812 8211 Traffic Operations Superintendent 599 7074 7436 7814 8213 8632 9071 Tree Services Coordinator' 591 6797 7145 7508 7891 8294 8717 Water Maintenance Supervisor 579 6403 6729 7073 7433 7812 8211 Water Quality Inspector 559 5795 6090 6401 6727 7070 7431 1. Classification of Code Compliance Manager was established effective June 18, 2023 as part of the FY 24 budget adoption pursuant to Resolution No. 11475. 2. Salary of Tree Services Coordinator reflects June 18, 2023 increase as part of the FY 24 budget adoption pursuant to Resolution No. 11475. APPENDIX A (CONTINUED) ORANGE MANAGEMENT ASSOCIATION MONTHLY SALARY RANGES EFFECTIVE DECEMBER 31, 2023 5.5% Across the Board Salary Increase CLASSIFICATION TITLE RANGE STEP STEP STEP STEP STEP STEP A B C D E F Building Inspection Supervisor 601 7145 7510 7892 8295 8718 9162 Code Compliance Manager 645 8898 9354 9829 10330 10858 11411 Code Compliance Supervisor 601 7145 7510 7892 8295 8718 9162 Construction Inspection Supervisor 590 6764 7109 7470 7852 8253 8673 Development Project Manager 602 7181 7548 7931 8336 8762 9208 Digital Marketing Coordinator 576 6308 6629 6968 7323 7696 8089 Environmental Program Manager 654 9307 9783 10280 10805 11357 11934 Equipment Maintenance Supervisor 600 7110 7473 7853 8254 8675 9116 Facilities Maintenance Supervisor 590 6764 7109 7470 7852 8253 8673 Finance Coordinator 577 6339 6663 7002 7359 7735 8129 Finance Supervisor 597 7004 7362 7736 8131 8546 8981 Historic Preservation Planner 625 8054 8465 8895 9350 9828 10328 Information Technology Specialist 576 6308 6629 6968 7323 7696 8089 Information Technology Supervisor 601 7145 7510 7892 8295 8718 9162 Landscape Coordinator 602 7181 7548 7931 8336 8762 9208 Legal Assistant 549 5513 5795 6089 6401 6727 7070 Library Manager I 605 7289 7662 8051 8462 8894 9347 Library Manager II 615 7662 8054 8463 8895 9349 9825 Library Tech& Support Services Mgr 615 7662 8054 8463 8895 9349 9825 Parks Maintenance Supervisor 590 6764 7109 7470 7852 8253 8673 Payroll Specialist 569 6091 6402 6728 7072 7432 7811 Permit Supervisor 590 6764 7109 7470 7852 8253 8673 Project Development Coordinator 602 7181 7548 7931 8336 8762 9208 Public Works Maintenance Supervisor 590 6764 7109 7470 7852 8253 8673 Records Coordinator' 562 5882 6182 6498 6829 7177 7543 Recreation Services Supervisor 595 6935 7289 7659 8050 8461 8892 Senior Accountant 593 6865 7217 7583 7971 8378 8804 Senior Buyer 577 6339 6663 7002 7359 7735 8129 Senior Civil Engineer 654 9307 9783 10280 10805 11357 11934 Senior Contract Administrator 622 7934 8340 8763 9211 9681 10174 Senior Fire Inspection Specialist 611 7510 7895 8296 8719 9164 9631 Senior GIS Analyst 645 8898 9354 9829 10330 10858 11411 APPENDIX A (CONTINUED) ORANGE MANAGEMENT ASSOCIATION MONTHLY SALARY RANGES CLASSIFICATION TITLE RANGE STEP STEP STEP STEP STEP STEP B C D E F Senior Landscape Coordinator 622 7934 8340 8763 9211 9681 10174 Senior Legal Assistant 569 6091 6402 6728 7072 7432 7811 Senior Payroll Specialist 579 6403 6729 7073 7433 7812 8211 Senior Plan Check Engineer 654 9307 9783 10280 10805 11357 11934 Senior Planner 625 8054 8465 8895 9350 9828 10328 Senior Water Quality Inspector 590 6764 7109 7470 7852 8253 8673 Traffic Operations Superintendent 610 7473 7855 8254 8676 9119 9583 Tree Services Coordinator 602 7181 7548 7931 8336 8762 9208 Water Maintenance Supervisor 590 6764 7109 7470 7852 8253 8673 Water Quality Inspector 570 6121 6434 6762 7107 7469 7850 1. Classification of Records Coordinator established effective March 10,2024 pursuant to City Council FY 24 mid-year budget adoption and Resolution No. 11531. 2. Classification of Real Property Agent eliminated effective March 10,2024 pursuant to Resolution No. 11531. RESOLUTION NO. 11512 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE REPEALING RESOLUTION NO. 11272 AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE ORANGE MANAGEMENT ASSOCIATION CONCERNING WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT EFFECTIVE JANUARY 1, 2024, THROUGH AND INCLUDING JUNE 30,2025 WHEREAS, the City of Orange, hereinafter referred to as "City", and the Orange Management Association, hereinafter referred to as "Association", collectively the "Parties", have met and conferred in accordance with the requirements of the Meyers-Milias-Brown Act; and WHEREAS, the Parties have reached agreement on wages, hours, and other terms and conditions of employment effective January 1,2024,through and including June 30,2025 and the City Council desires to repeal Resolution No. 11272 and amendments thereto for said employees, as set forth in the Memorandum of Understanding, hereinafter referred to as "MOU". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that the attached MOU is approved and incorporated by reference as Exhibit A as fully set forth herein and furthermore, that staff is authorized to adjust the departmental salary and benefit accounts in the FY24 and FY25 budgets to reflect the cost of the contract provisions. ADOPTED this 12th day of December 2023. D el R. Slater, Mayor, City of Orange ATTEST: Pamela Coleman, City Clerk, City of Orange APPROVED AS TO FORM: Mike Vigliotta, City Attorney Attachment: Exhibit A STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ORANGE I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 12th day of December 2023, by the following vote: AYES:COUNCILMEMBERS: Barrios, Dumitru, Tavoularis, Bilodeau, Gutierrez, Gyllenhammer, and Slater NOES:COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None 4?1-124'----- Pamela Coleman, City Clerk, City of Orange I Resolution No. 11512 2 C`+ City of range MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE ORANGE MANAGEMENT ASSOCIATION JANUARY 1, 2024 THROUGH JUNE 30, 2025 TABLE OF CONTENTS Article No. Article Title Page No. I Recognition 1 II Non-Discrimination 1 III Salaries 2 IV Work Week 5 V Probation 5 VI Promotion 5 VII Demotion 6 VIII Reassignment of Compensation Ranges 6 IX Working Out of Class 7 X Overtime/Call Back Compensation 7 XI Holidays 9 XII Vacation 10 XIII Part-Time and Temporary Employee Eligibility for Fringe Benefits 11 XIV Leaves of Absence 12 XV Fringe Benefit Administration 17 XVI Health Benefits 18 XVII Educational Assistance and Wellness Program 19 XVIII Retirement 20 XIX Miscellaneous 21 XX Travel Expense Allowed 23 XXI Safety and Health 24 XXII City Management Rights and Responsibilities 24 XXIII Employee Organizational Rights and Responsibilities 25 I/ XXIV Grievance Procedure 26 XXV Disciplinary Appeals Procedure 27 XXVI No Strike-No Lockout 28 XXVII Blank Article 29 XXVIII Layoff Procedure 29 XXIX Scope and Application of Memorandum of Understanding 32 XXX Waiver of Bargaining During Term of Memorandum of Understanding 32 XXXI Emergency Waiver 33 XXXII Memorandum of Understanding Terms Severable 33 XXXIII Term of Memorandum of Understanding 33 XXXIV Ratification and Execution 33 Appendix A Monthly Salary Ranges 35 ARTICLE I RECOGNITION SECTION 1. Pursuant to the provisions of the Employer-Employee Relations Resolution No. 3611 of the City of Orange, hereinafter referred to as the "City" for the purpose of meeting its obligations under the Meyers-Milias-Brown Act (Government Code Section 3500 et. Seq.), Employer-Employee Relations Resolution No. 3611, or as amended, and this Memorandum of Understanding, hereinafter referred to as the"MOU",has recognized the Orange Management Association hereinafter referred to as"Association" as the majority representative of the employee classifications listed within Appendix A. As a majority representative, the Association is empowered to act on behalf of all employees who hold positions in classifications covered by this MOU whether or not they are individually members of the Association. The City and the Association have reviewed an updated Employer-Employee Labor Relations Resolution, which shall be adopted by the City Council at a future date once all City bargaining groups have had an opportunity to review. SECTION 2. Any modification or interpretation of the rights of the parties concerning recognition set forth above shall only be established in accordance with Federal and/or State law. ARTICLE II NON-DISCRIMINATION SECTION 1. The parties mutually recognize and agree to protect the rights of all employees hereby to join and/or participate in protected Association activities or to refrain from joining or participating in protected activities in accordance with the Employer-Employee Relations Resolution and Government Code Sections 3500 et. seq. SECTION 2. In accordance with Federal and State law,the City and the Association agree that they shall not discriminate against any employee on the basis of actual or perceived race, color, national origin, religion, sex, gender, gender identity, physical or mental disability, medical condition (cancer-related or genetic information),ancestry,marital status,age, sexual orientation,citizenship,pregnancy,childbirth or related medical condition, status as a covered veteran, or service in the uniformed services (as defined by the Uniformed Services Employment and Reemployment Rights Act of 1994) or any other lawfully protected class. The City and the Association shall reopen any provision of this MOU for the purpose of complying with any final order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU in compliance with Federal or State anti-discrimination laws. REST OF PAGE LEFT INTENTIONALLY BLANK. ARTICLE III SALARIES SECTION 1. BASIC COMPENSATION PLAN. A basic compensation plan is established for all employees covered by this MOU who are now employed, or will in the future be employed, in any of the designated classification titles listed in this MOU and its attachments. SECTION 2. SALARIES. Salaries and their effective dates for employees covered by this MOU are listed in Appendix A. The salary and wage schedules shall constitute the basic compensation plan consisting of six (6) steps or rates of pay in each range. The respective ranges shall be identified by number and the steps by the letters A to F. The listed salary and wage schedules are based on a forty(40)hour work week. SECTION 3. HOURLY RATE PART-TIME EMPLOYEES. A. For all employees who have a regular weekly work schedule of forty (40) hours, the equivalent hourly rate of pay shall be the monthly rate times twelve (12) divided by 2,080 annual hours. The hourly rate for persons employed on a regular part-time or temporary basis in an equivalent classification shall be determined in the same manner. In determining the hourly rate as herein provided, compensation shall be made to the nearest half('/2) cent. B. Regular part-time employees who are scheduled to work on an average of at least twenty (20) hours per week on a year-round basis may be considered for advancement to the next higher step upon completion of hours of employment equal to the minimum number of months of service required by full-time employees. 1,040 hours of regular part-time employment shall equal six 6) months of service. SECTION 4. BEGINNING RATES. A new employee of the City shall be paid the rate shown in Step A in the range assigned to the classification for which the employee has been hired,except that on the request of the Department Head under whom the employee will serve, and with the authorization of the Human Resources Director, such employee may be placed at any step depending upon the employee's qualifications. SECTION 5. SERVICE. The word service as used in this MOU, shall be defined to mean continuous, full-time service in an employee's present classification, service in a higher classification, or service in a classification allocated to the same salary range and having generally similar duties and requirements. A lapse of service by any employee for a period of time longer than thirty(30)calendar days by reason of resignation or for any length of time due to discharge eliminates the accumulated length of service time of such employee for the purpose of this MOU. Employees re-entering the service of the City shall be considered as a new employee,except that the employee may be re-employed within one(1)calendar year and placed in the same salary step in the appropriate compensation range as the employee was at the time of the separation of employment. SECTION 6. ADVANCEMENT WITHIN SALARY RANGES. The following regulations shall govern salary advancement: 2 A. Merit Advancement. An employee shall be considered for advancement through the salary range based only on continuous, meritorious, and efficient performance, and continued improvement by the employee in the effective performance of duties. If merited, advancements through the salary range shall occur in yearly increments. A merit increase shall become effective on the first day of the pay period following completion of the length of service required for such advancement. Such merit advancement shall require the following: 1) The Department Head shall file with the Human Resources Director a Personnel Action Form and a completed Performance Evaluation form recommending the granting or denial of the merit increase and supporting such recommendation with specific reasons therefore. If denied by the Human Resources Director, the reason for the denial will be provided to the Department Head. B. Special Merit Advancements. When an employee demonstrates exceptional ability and proficiency in the performance of duties, the Department Head may recommend to the Human Resources Director that said employee be advanced to a higher pay step without regard to the minimum length of service provisions contained in this MOU. The Human Resources Director may, on the basis of a Department Head's recommendation,approve and effect such advancement. C. Length of Service Required When Advancement is Denied. When an employee is not approved for advancement to the next higher salary step,the employee may be reconsidered for such advancement at any subsequent time. This reconsideration shall follow the same steps and shall be subject to the same action as provided in Section 6A. SECTION 7. REDUCTION IN SALARY STEPS. Any employee who is being paid on a salary step higher than Step A may be reduced by one (1) or more steps for disciplinary reasons, upon the recommendation of the Department Head with the approval of the Human Resources Director. SECTION 8. BILINGUAL ASSIGNMENT. Employees covered by this Resolution may be assigned by the Department Head, with approval of the Human Resources Director, to a bilingual assignment. The Department Head shall determine the number of bilingual assignment positions which are necessary based upon a demonstrable need and frequency of use. Employees on bilingual assignment shall receive an additional $140.00 per month for the duration of the assignment. Employees receiving bilingual assignment compensation may be required to take and pass a proficiency test on an annual or as needed basis as determined by the Human Resources Department. No permanency or seniority may be obtained in a bilingual assignment and such assignment may be revoked at any time by the Human Resources Director or a duly authorized designee. No employee shall be required to perform a Bilingual Assignment on a regular basis or employ bilingual skills on a regular basis who is not receiving bilingual pay pursuant to this section. This form of pay, also referred to as "Bilingual Premium", shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CaIPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(3). SECTION 9. SHIFT DIFFERENTIAL. The Library Manager I and II and Recreation Services Supervisor, if regularly assigned on a weekly basis to a shift working after 6:00 p.m. and/or on Saturdays, Sundays, 3 or Holidays, shall be eligible to receive an additional $175.00 per month on top of base salary for shift differential compensation. This form of pay, also referred to as "Shift Differential," shall be reported to CalPERS as special compensation,and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(3). SECTION 10. CERTIFICATION PREMIUMS. A. California State Water Resources Control Board(SWRCB)Water Distribution Operator Certification: i. Employees who possess a Grade II Water Distribution Certificate (D-2) shall receive a flat 100.00 per month premium. ii. Employees who possess a Grade III Water Distribution Certificate (D-3) shall receive a flat 150.00 per month premium. B. California State Water Resources Control Board (SWRCB) Water Treatment Operator Certification: i. Employees who possess a Grade II Water Treatment Certificate (T-2) shall receive a flat 75.00 per month premium. C. California Water Environment Association(CWEA) Collection System Maintenance Certification: i. Employees who possess a CWEA Grade I Collection System Maintenance Certificate shall receive a flat$75.00 per month premium. ii. Employees who possess a CWEA Grade III Collection System Maintenance Certificate shall receive a flat$100.00 per month premium. D. An employee who possesses two (2) or more of the above certifications is eligible for cumulative premium compensation. This form of pay, also referred to as"Educational Incentive", shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(2), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(2). E. National Commission for the Crane Operator Certification: Public Works' Water Division employees may be assigned at the discretion of the Department Head or authorized designee to perform Crane Operator duties. An employee who possesses an active crane operator certificate issued by National Commission for the Certification of Crane Operators(NCCCO)shall receive$50.00 per month during the period of such special assignment. Employees not assigned will not receive this special assignment pay. This form of pay, also referred to as "Heavy/Special Equipment Operator Premium", shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(3). 4 SECTION 11. EDUCATIONAL INCENTIVE PROGRAM. Employees covered by this MOU with postgraduate degrees(i.e. Master's degree or higher) shall be eligible to receive$300.00 per month. This form of pay, also referred to as "Educational Incentive", shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(2), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(2). SECTION 12. INCENTIVE PAY PLAN. The City Manager may, for the employees covered by this MOU,put into effect an incentive pay plan;the terms and conditions of which shall be in the full discretion of the City. ARTICLE IV WORK WEEK SECTION 1. The regular work week for all employees covered by this MOU shall be forty (40) hours per week. SECTION 2. The department shall discuss proposed changes in the established work schedule with the affected employees prior to the implementation of the change. ARTICLE V PROBATION An employee initially appointed or promoted to a classification shall serve a probationary period of twenty-six (26) pay periods during which the employee shall have an opportunity to demonstrate suitability for the job. With the approval of the Human Resources Director, the Department Head may, for just cause,extend the probationary period for up to an additional thirteen(13)consecutive pay periods. The employee shall attain regular status in the classification upon successful completion of the probationary period. An employee who does not satisfy the standards of the classification during the probationary period shall be notified, in writing, and termination or demotion proceedings shall be initiated. A newly hired probationary employee shall not be entitled to appeal a termination or demotion, except as is provided for by law. Employees serving an initial probationary period are not eligible to compete for closed/promotional recruitment processes. ARTICLE VI PROMOTION SECTION 1. SALARY STEP ASSIGNMENT. When an employee is promoted to a position of a higher classification, the employee may be assigned to Step A in the appropriate range for the higher 5 classification; provided, however, that if such employee is already being paid at a rate equal to or higher than Step A in the appropriate range for the higher classification,the employee shall be placed in the step in that appropriate salary range as will grant an increase of at least one (1), but no more than three (3) salary steps, at the discretion of the Department Head and the Human Resources Director. SECTION 2. ELIGIBILITY LIST. When an eligible employee remains in higher bands of a current eligibility list, and a Department Head selects an eligible employee in a lower band, upon request, the eligible employee in the higher band will be notified of reasons for non-selection. ARTICLE VII DEMOTION When an employee is demoted for disciplinary reasons, to a position in a lower classification, the new salary rate shall be assigned to the appropriate salary range for the lower classification and the salary range shall be reduced by at least one (1) step. ARTICLE VIII REASSIGNMENT OF COMPENSATION RANGES SECTION 1. Any employee who is employed in a classification which is allocated to a different pay range shall be retained in the same salary step in the new range as the employee previously held in the prior range,and shall retain credit for length of service in such step toward advancement to the next higher step; provided however: A. That if such retention shall result in the advancement of more than one step in the old pay range, the Human Resources Director may, at the time of reassignment, place the employee in a step which will result in an increase of only one step. B. That if the reassignment is to a lower compensation range,the F step of which is lower than the employee's existing rate of pay at the time of reassignment, the employee shall continue to be paid at the existing rate of pay until such time as the position shall be reassigned to a compensation schedule which will allow for further salary advancement, or until such time as the employee is promoted to a position assigned to a higher compensation range. I/ C. That if the reassignment is to a lower compensation range, the F step of which is higher than the existing rate of pay, the employee shall be placed in that step of the lower compensation range which is closest to, but no lower than the existing rate of pay. D. The City Manager may reduce or increase the salary range of any classification, with City Council approval, whether or not a position is vacant. Nothing contained herein shall be construed as a waiver or elimination of the City's obligation to meet and confer over salary changes pursuant to the Meyers-Milias-Brown Act, or to meet the requirements of this MOU under Articles XXIX and XXX. 6 ARTICLE IX WORKING OUT OF CLASS SECTION 1. The City may work employees out of classification for up to ten (10) consecutive working days without additional compensation. SECTION 2.ACTING TIME PAY. An employee shall receive acting time pay,as further defined below, at A Step of the higher class, or five percent (5.0%) above the employee's regular salary, whichever is greater, for work performed in the higher classification on the eleventh (11th) consecutive working day out of class, and for each consecutive day thereafter an employee works out of class. The Department Head the authorized designee shall assign the employee to work out of classification but shall notify the Human Resources Director prior to the assignment. A. Temporary Upgrade Pay. When an employee is working out of classification due to an incumbent's approved leave of absence,said employee shall receive Temporary Upgrade Pay. Temporary Upgrade Pay, as defined by California Code of Regulations 571(a)(3), is compensation to employees who are required by their employer or governing board or body to work in an upgraded position/classification of limited duration." The above form of compensation shall be reported to CalPERS as special compensation and therefore compensation earnable. However, Temporary Upgrade Pay will not be reported to CalPERS as pensionable compensation for"New Members"hired on or after January 1,2013, as defined by the Public Employees' Pension Reform Act of 2013 (PEPRA). B. Out-of-Class Appointment. Out-of-class appointments shall only be made for positions vacated due to voluntary resignation,promotion,demotion or termination. Gov. Code section 20480 of the Public Employees' Retirement Law (PERL) defines an "out-of-class appointment"to mean an appointment to an upgraded position or higher classification by an employer or governing board or body in a vacant position for a limited duration.For purposes of this section, a"vacant position" refers to a position that is vacant during recruitment for a permanent appointment. A vacant position does not refer to a position that is temporarily available due to another employee's leave of absence (see"Temporary Upgrade Pay"above). SECTION 3. ELIGIBILITY PERIOD. During the ten (10) consecutive working day eligibility period before an employee is entitled to receive acting time pay, absence for compensatory time and/or vacation shall break consecutiveness and cause the ten(10)consecutive working day eligibility period to start over. Absences for regularly scheduled holidays, regular days off,jury duty, and/or verifiable sick leave shall not constitute a break in consecutiveness for acting pay eligibility. ARTICLE X OVERTIME/CALL BACK COMPENSATION SECTION 1.OVERTIME COMPENSATION. Employees required to perform work beyond their normal shift, shall be paid at straight time on an hour for hour basis or may work a flexible schedule adjusting their hours of work on an hour for hour basis within the pay period if by mutual agreement to use a flexible schedule between the employee and his/her supervisor, with the specific limitations to the situations indicated below: A. Special events or work performed outside of normal work schedules(i.e., Saturdays, Sundays, and holidays) for which the City is reimbursed. B. Special projects requiring significant shift extension work by unit employees may be compensated upon request of the division manager and approval of the Department Head. This would include special studies and attendance at commission or City Council meetings which requires the employee to work after the employee's normal shift. C. The use of flexible schedules as provided for in this section shall be employed when possible to offset the additional hours the employee is required to work under the situations described herein. D. Employees who are assigned to work the Orange International Street Fair (Labor Day Weekend) will receive premium overtime (time and one-half) for hours worked at this event for which the City is reimbursed. SECTION 2. CALL BACK COMPENSATION. Employees shall be compensated in cash at the straight time rate for the actual hours of work with a minimum of three (3) hours call back compensation, regardless of whether the employee works less than three(3)hours,under the following circumstances: A. When employees are required to report back to work after completing a normal work shift and have left the City premises and/or work location. B. For performing all shift extensions required by emergency situations. C. For conducting projects and completing tasks which require work on days not part of an employee's regular schedule. This provision shall be applicable to employees although the employees' regular work week is not completed, but shall not apply to employees who are continuing on duty. All call back assignments are subject to approval of the Department Head. Section 4 below denotes compensation provided when an employee is eligible for call back pay and standby pay. SECTION 3. STANDBY PAY. Employees assigned by Management to standby status after their regular work hours will receive three(3)hours per day(Mondays through Fridays)of standby pay at their straight time hourly rate or four (4) hours per day for Saturdays, Sundays, Holidays, days where the City closes services (i.e., Holiday Closure), and regular days off(i.e.,the employee's scheduled Friday off as part of the 9/80 schedule). Employees must be capable of performing all duties that would be required if called back to work. SECTION 4. CALL BACK PAY PLUS STANDBY PAY. Employees who are called back to work pursuant to Section 2 above, and who are assigned by Management to standby status after their regular work hours pursuant to Section 3 above, will receive three (3) hours per day (Mondays through Fridays) of standby pay at their straight time hourly rate or four (4) hours per day for Saturdays, Sundays, and 8 Holidays, plus straight time for each hour worked on call back. All actual call back hours worked by an employee on standby shall count as time worked toward the 40 hours for qualifying for straight time overtime. ARTICLE XI HOLIDAYS SECTION 1. HOLIDAY DESIGNATION. Employees covered by this MOU shall receive the following paid nine (9)hour holidays, except for eleven(11) below: 1) January 1 St(New Year's Day) 2) Third Monday in February (Presidents' Day) 3) Last Monday in May (Memorial Day) 4) July 4th (Independence Day) 5) First Monday in September(Labor Day) 6) November 11th (Veterans Day) 7) Fourth Thursday in November(Thanksgiving Day) 8) Fourth Friday in November(day after Thanksgiving) 9) December 24th(Christmas Eve), if it falls on a Monday through Thursday 10) December 25th (Christmas Day) 11) Eighteen(18)hours of floating holiday time SECTION 2. FLOATING HOLIDAY. The eighteen (18) hours of floating holiday will accrue at the beginning of the pay period which includes January 1st of each year, and is required to be utilized by December 31 st of the year for which it was provided. Employees hired after January 1st of each year shall receive a prorated portion of the eighteen (18) hours. Floating holiday hours shall be taken at the convenience of the City with approval of the Department Head. Employees who terminate employment for reasons other than retirement from the City shall receive any remaining portion of their floating holiday in cash reimbursement. SECTION 3. HOLIDAYS ON CERTAIN DAYS OF THE WEEK. In the event any of the above holidays fall on a Sunday,except Christmas Eve,the following day will be taken in lieu of the actual date on which the holiday falls. When any of the above holidays falls on a Saturday,except Christmas Eve,the preceding Friday will be taken in lieu of the actual date on which the holiday falls. When any of the above holidays, falls on an employee's regularly scheduled day off during the week, except Christmas Eve, employees will be credited with nine (9) hours of holiday compensatory time. Accumulated holiday compensatory time must be used by the employee by June 30th of the same fiscal year in which it was accumulated or shall be forfeited. SECTION 4. ELIGIBILITY TO RECEIVE HOLIDAY PAY. In order to be eligible to receive holiday pay, an employee must have worked, or be deemed to have worked because of a lawful absence, the employee's regularly scheduled day before and regularly scheduled day after the holiday. Should an employee fail to work the employee's regularly scheduled day before and after the holiday,the employee shall not be entitled to holiday pay. Probationary employees are provided with and are eligible to use 9 floating holiday and fixed holiday hours,according to the guidelines established in this Article and/or with approval of the Human Resources Director. SECTION 5. HOLIDAY DURING VACATION. Should one of the holidays listed above fall during an employee's vacation period while an employee is lawfully absent with pay, the employee shall receive holiday pay and no charge shall be made against the employee's accumulated vacation. SECTION 6. LIBRARY OPERATIONS. If Christmas Day or New Year's Day falls on a Sunday, the Library shall be open Monday through Friday during the preceding week of such holiday. ARTICLE XII VACATION SECTION 1. VACATION ACCRUAL. All full-time, regular employees accrue paid vacation in accordance with the following: Years of Service Vacation Hours Vacation Hours Years of Service Per Year Per Year 1 92 16 176 2 102 17 180 3 112 18 184 4 122 19 188 5 132 20 192 6 136 21 196 7 140 22 200 8 144 23 204 9 148 24 208 10 152 25 212 11 156 26 216 12 160 27 220 13 164 28 224 14 168 29 228 15 172 30 or more 232 SECTION 2. VACATION USAGE AND ACCUMULATION. Vacation shall be taken at the convenience of the City with the approval of the Department Head or authorized designee. Where possible, such vacation should be taken annually and not accumulated from year to year. Vacation hours not in excess of the equivalent number of hours earned in the immediately preceding twenty-four (24) month period may be accumulated with the permission of the Department Head and the Human Resources Director. Employees shall not accumulate vacation in excess of the equivalent number of hours earned in the immediately preceding twenty-four(24)month period. All vacation hours in excess of the equivalent number of hours earned in the immediately preceding twenty-four (24) month period not taken by the employee shall be forfeited. Probationary employees accrue vacation but may not use vacation until successful completion of an initial probationary period,except in the event of a City Hall Holiday Closure, with the approval of the Human Resources Director. 10 SECTION 3. VACATION CONVERSION. An employee may convert up to fifty percent (50%) of current annual vacation accrual into cash in lieu of time off with pay. An employee requesting such a conversion must meet the eligibility requirements as set forth in Section 2, above, and may so convert twice in a fiscal year, however, the total amount converted per fiscal year shall not exceed fifty (50%) of the employee's annual accrual. Employees serving their initial probationary period shall not be eligible for vacation conversion. SECTION 4. VACATION PAYOUT UPON TERMINATION. Employees who terminate their employment with the City shall be paid for all accrued vacation, if any, and the prorated portion of their final accrual. Prorated vacation shall be on the basis of one-twelfth (1/12) of the employee's annual vacation pay for each full month of service. ARTICLE XIII PART-TIME AND TEMPORARY EMPLOYEE ELIGIBILITY FOR FRINGE BENEFITS SECTION 1. DEFINITIONS. Nothing contained herein shall guarantee to any employee a specified number of hours per day or days per week or weeks per year or months per year of work. A. Regular part-time employees shall be those employees scheduled in the budget to work 20 or more hours per week on a year-round basis(52 weeks minus approved leave). B. Temporary part-time employees shall be those employees scheduled in the budget to work less than 20 hours per week on a year-round basis (52 weeks minus approved leave). C. Seasonal employees shall be those employees who are scheduled in the budget to work on less than a year-round basis regardless of hours worked. SECTION 2. REGULAR PART-TIME EMPLOYEES. A. Regular part-time employees shall receive fringe benefits in proportion to the number of hours an employee is scheduled in the City's budget to work to the normal 40-hour week on an annual basis. The annual schedule for all part-time employees shall be the schedule, which is included in the City's approved budget, or a schedule which is designated by Management at the commencement of the employee's employment with the City. B. This formula of proration shall apply to holiday pay, vacation, sick leave, medical insurance contribution, and retirement contribution. C. Regular,part-time employees may receive step increases provided they work the actual number of hours a full-time employee would have had to work in order to be entitled to progress to the next step of the salary range. SECTION 3. TEMPORARY AND SEASONAL EMPLOYEES. Temporary and seasonal employees shall be entitled to receive no fringe benefits provided for in this MOU or in any resolution of the City, 11 except those stated in Article XVIII, Section 2 of this MOU, or unless otherwise required by Federal and/or State law. ARTICLE XIV LEAVES OF ABSENCE SECTION 1. LEAVE OF ABSENCE WITHOUT PAY. For all regular employees as described herein, the following leave without pay procedure shall apply: A. After all available leave benefits, including vacation, compensatory time, and other leave benefits have been completely used, a regular employee, not under suspension, may make written application to the Department Head for leave without pay. No such leave will be considered absent a written application from the employee requesting leave. B. If the Department Head and the Human Resources Director agree that such leave is merited and in the interest of the City, leave may be granted for a period not to exceed six (6) months following the date of expiration of all other allowable leave benefits. C. No employment or fringe benefits such as sick leave,vacation,health insurance,retirement,or any other benefits shall accrue to any employee on leave of absence without pay except as denoted under the Family and Medical Leave Act(FMLA) section below. During such leave in excess of five (5)working days,no seniority shall be accumulated. D. Subject to and consistent with the conditions of the group health, life or disability plan, coverage may be continued during a leave, provided direct payment of the total premium by the employee is made through and as prescribed by the Payroll Division of the City. The City will pay up to six 6)months of the Flexible Benefit Plan contribution for employees who are on long-term disability leave. E. At the end of such leave, if the employee desires additional leave, written application must be made through the Department Head to the Human Resources Director at least ten(10)days before the end of the six (6) month period, stating the reasons why the additional leave is required and why it would be in the best interests of the City to grant such leave of absence. If such additional leave is merited and would still preserve the best interests of the City, the Human Resources Director may approve such extension of the leave of absence for a period not to exceed an additional six(6)months. F. If the employee does not return to work prior to or at the end of such leave of absence or extension of leave of absence,the City shall consider that the employee has terminated employment with the City. G. An employee on leave of absence must give the City at least seven(7)days' written notice of intent to return to work prior to returning to work. 12 H. Any employee who engages in outside employment during said leave of absence without prior notification and approval of the Human Resources Director and Department Head may be subject to termination. I. Any employee who falsifies the reason for the request for said leave of absence may be terminated for falsifying a request for leave of absence or extension thereof. J. Such leave shall be granted on the same basis for pregnancy,childbirth,and other medically related conditions, except that such an employee shall retain all seniority rights. K. Forms setting forth the benefits available or such other pertinent information shall be maintained for distribution in the Human Resources Department. L. Management will allow an employee to take a leave of absence without pay during a City Hall Holiday Closure without having to exhaust all accrued leave benefits on the books. During said closure, employees will not see a reduction in benefits, including no loss of eligibility for holiday pay, if leave without pay hours are used during the closure (i.e. the day after Christmas and/or working day before the New Year's day.) SECTION 2. JURY DUTY AND WITNESS SERVICE FOR THE CITY. A. Jury Duty. When required to serve on a jury, all employees shall have paid time off for a period not to exceed thirty (30) calendar days for each jury duty summons which an employee responds to per calendar year. Employees shall receive their regular pay for the period of actual service required on the jury, provided all jury stipends or payments paid to the individual employee, are turned over to the City, with the exception of automobile expenses. If an employee is required to call in for jury service and the court does not need the employee's service,the employee is expected to report to work. Once an employee has completed jury service, the Certificate of Jury Service must be provided to the immediate supervisor to qualify for jury duty compensation. B. Witness Service for the City. If an employee is called as a witness, on behalf of the City, the employee shall receive normal pay for time spent by the employee serving as a witness for the City. Employees shall be required to pay any witness fees that accrue to the employee for witness service to the City as a condition of receiving normal pay while serving as a witness for the City. SECTION 3. MILITARY LEAVE OF ABSENCE. If an employee is deployed or required to attend military training, the employee shall be entitled to military leave of absence under the provisions of Federal and State law, Including Uniformed Services Employment and Re-employment Rights Act USERRA) and the California Military and Veterans' Code. Employees must provide a copy of their military orders, and Leave and Earnings Statements (LES) if requested, to the Human Resources Department to qualify for a military leave of absence. Any exceptions to this provision shall be considered on a case-by-case basis, with final approval of the Human Resources Director. SECTION 4. SICK LEAVE. Sick leave with pay shall be allowed, credited, and accumulated in accordance with the following: 13 A. For employees working a regular 40-hour week, eight(8) hours of sick leave will accrue for each month of continuous service. Probationary employees may use accrued sick leave during the probationary period. B. All non-benefitted employees shall receive sick leave as required by State law. C. Sick leave will be charged at the rate of one-quarter (1/4) hour for each one-quarter (1/4) hour an employee is absent. D. Any employee eligible for sick leave with pay may use such leave for the following reasons: 1) Medical and dental office appointments during work hours when authorized by the Department Head or authorized designee; and/or 2) Personal illness or physical incapacity resulting from causes beyond the employee's control, including pregnancy, childbirth, and other medically related conditions. 3) For an employee who is a victim of domestic violence, sexual assault, or stalking, for the purposes described in Labor Code sections 230(c) and 230.1(a). 4) No employee shall be eligible or entitled to sick leave with pay, while receiving temporary disability benefits pursuant to Section 7A of this Article,for any illness or injury arising out of and in the course of City employment. E. Sick Leave Application. Sick leave may be applied only to absence caused by illness or injury of an employee and may not extend to absence caused by illness or injury of a member of the employee's family, except as provided in Section 5 or 6 below. F. Sick Leave Charged. In any instance involving use of a fraction of a day's sick leave,the minimum charged to the employee's sick leave account shall be one quarter(1/4)hour,while additional actual absence of over one-quarter(1/4)hour shall be charged to the nearest one-half(%2)hour. Sick leave shall only be used for the purposes stated,and the Department Head shall be responsible for control of employee abuse of the sick leave privilege. Employees may, upon prior notice, be required to furnish a certificate issued by a licensed physician or nurse or other satisfactory written evidence of any subsequent illness. G. Maximum Accumulation of Sick Leave, Employees shall be allowed to accumulate sick leave to a maximum of 960 hours. Sick leave hours in excess of such maximum shall be forfeited. H. Retirement from City Service and Entering CalPERS as a Retired Annuitant. Upon retiring from City service and entering CalPERS as a Retired Annuitant, an employee shall receive no pay for the first sixty (60) days of accrued sick leave (0-480 hours), but shall receive twenty-five percent 25%) pay for the first 30 days of accrued sick leave after the first 60 days of accrued sick leave 481-720 hours), and fifty percent (50%) of all accrued sick leave thereafter (721-960 hours). In lieu of receiving pay, 100%of the eligible accrued Sick Leave cashout value upon retirement shall 14 be contributed into the employee's Retirement Health Savings Plan account, in accordance with Article XVI, Section 4, below. I. Death of an Employee. Upon the death of an employee while employed by the City, 100% of all accrued sick leave benefits shall be paid to the beneficiary of the deceased employee. Payment will be made when proper authorization for payment is received from the estate of the decedent employee. J. Sick Leave Conversion. 1) Eligible employees with sick leave usage of 0.0 to 36.0 hours per payroll calendar year will have the option to convert up to thirty (30) hours of their unused sick leave to vacation in the first pay period of the following year. 2) Employees with sick leave usage of 36.25 to 45.0 hours per payroll calendar year may convert up to twenty(20)hours of unused sick leave to vacation in the first pay period of the following year. 3) Employees must have a minimum balance of 140 hours of sick leave available after conversion. 4) No hours will be converted to vacation if said vacation conversion places the employee's vacation bank over the maximum allowable accrual. In this case, all sick leave hours eligible for conversion will instead remain in the employee's sick leave account. SECTION 5. •FAMILY LEAVE. In accordance with the California Family Sick Leave and Paid Sick Leave Act,an employee is allowed up to forty-eight(48)hours of family leave per calendar year for family related illness or injury, which shall be charged against the employee's accumulated sick leave. Family as used in this subsection is limited to any relation by blood, marriage, or adoption, who is a member of the employee's household; and any parent, substitute parent, parent-in-law, spouse, registered domestic partner, child,brother, sister, grandchild or grandparent of the employee, or"designated person"pursuant to AB 1041,regardless of residence. Benefitted,part-time employees are allowed to use up to one-half of their annual accrual of sick leave for family leave purposes. SECTION 6. BEREAVEMENT LEAVE. Regular full-time employees shall be entitled to take up to five 5) days of paid bereavement leave per incident. The following terms and conditions apply: A. Bereavement leave may only be used upon the death or critical illness where death appears to be imminent of the employee's immediate family. "Immediate family" as used in this subsection, shall be limited to any relation by blood, marriage, or adoption, who is a member of the employee's household and any parent, legal guardian, parent-in-law, brother-in-law, sister-in-law, grandparent, grandchild, aunt, uncle, spouse, registered domestic partner, child, brother, or sister of the employee regardless of residence. B. Days of absence due to bereavement leave shall not exceed five(5)working days per incident. An employee on bereavement leave shall inform the immediate supervisor of the fact and the reasons therefore as soon as possible. Failure to inform the immediate supervisor, within a 15 reasonable period of time,may be cause for denial of bereavement leave with pay for the period of absence. SECTION 7. WORKERS' COMPENSATION. Employees who incur a work-related injury or illness will be eligible to receive Workers' Compensation benefits according to the State of California's Division of Workers' Compensation(DWC) laws and regulations and benefits provided pursuant to this MOU. A. Temporary Disability Leave. An Association employee shall be granted Temporary Disability in accordance with the current State Workers' Compensation laws and regulations. When an Association employee is eligible to receive Temporary Disability payments, the City will contribute additional compensation to allow the employee to receive 100%of their regular rate of pay, or provide full salary continuance, for the first thirty (30) days starting from the first day of Temporary Disability. The employee will then receive eighty percent (80%) of salary for up to an additional 335 calendar days. Temporary Disability in excess of 365 days will be provided subject to current State Workers' Compensation laws and regulations. B. Course of Employment. Should it be determined by the treating physician, or the employee's doctor, or an agreed doctor by both parties, or an Administrative Law Judge through the Workers' Compensation Appeals Board, that an employee's illness or injury did not arise in the course of the employee's employment with the City and/or that the employee is not temporarily incapacitated, then the employee's accrued, or if insufficient, future sick leave, shall be charged to reimburse the City for any payments made to the employee. C. Physician Pre-Designation. Before a work-related injury, an employee may elect to pre- designate a qualified medical provider if done in accordance with Workers' Compensation laws and regulations. D. Fringe Benefits. An employee receiving Temporary Disability benefits will continue to receive the City's contribution to the employee's medical, dental, vision and other applicable insurances. All authorized deductions will continue as though the employee is on regular work status. If the employee has exhausted Temporary Disability benefits, the employee shall be responsible for paying the full premium for the employee's medical, dental, vision, and other applicable insurances. SECTION 8. FAMILY AND MEDICAL LEAVE ACT(FMLA). Federal and State laws require the City to provide family and medical care leave for eligible employees. The following provisions set forth employees'and employer's rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the City's Employee Handbook. Any provisions not set forth in the Employee Handbook are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act (FMLA) of 1993 and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA) Government Code Section 12945.2). Unless otherwise provided, "Leave" under this article shall mean leave pursuant to the FMLA and CFRA. An employee's request for leave is subject to review and final approval of the Human Resources Director. A. Amount of Leave. Eligible employees are entitled to a total of twelve (12) work weeks of leave during any twelve (12) month period. An employee's entitlement to leave for the birth or 16 placement of a child for adoption or foster care expires twelve (12) months after the birth or placement. B. Calculating the 12-Month Period. The twelve (12)month period for calculating leave entitlement will be a"rolling period" measured backward from the date leave is taken and continues with each additional leave day taken. Thus, whenever an employee requests leave, the City will look back over the previous twelve (12) month period to determine how much leave has been used in determining how much leave an employee is entitled to. C. Use of Other Accrued Leaves While on Leave. If an employee requests leave for any reason permitted under the law, the employee must exhaust all accrued leaves (except sick leave) in connection with the leave. This includes vacation, holiday, and other compensatory accruals. If an employee requests leave for the employee's own serious health condition, in addition to exhausting accrued leave,the employee must also exhaust sick leave. The exhaustion of accrued leave will run concurrently with FMLA. D. Required Forms. Employees must fill out required forms, available in the Human Resources Department, including: Request for Family Medical Leave; Medical Certification; Authorization for Payroll Deductions for Benefit Coverage Continuation During Family/Medical Care Leave; and Fitness-for-Duty to Return from Leave(if applicable). SECTION 9. ADMINISTRATIVE LEAVE. Employees will receive forty-five (45) hours of administrative leave each January 1st. Employees hired after January 1st shall receive a prorated portion of the forty-five (45) hours. Administrative leave shall be used in the calendar year in which it accrues; and administrative leave not used in the calendar year in which it is accrued shall be forfeited, with the exception of retirement from City service in which case the remaining balance of Administrative Leave hours shall be deposited into the Retirement Health Savings Plan account,in accordance with Article XVI, Section 4. ARTICLE XV FRINGE BENEFIT ADMINISTRATION SECTION 1. ADMINISTRATION. The City reserves the right to select the insurance carrier or administer any fringe benefit programs that now exist or may exist in the future during the term of the MOU. SECTION 2. SELECTION AND FUNDING. In the administration of the fringe benefit programs, the City shall have the right to select any insurance carrier or other method of providing coverage to fund the benefits included under the terms of this MOU, provided that the benefits of the employees shall be no less than those in existence as of implementation of this MOU. SECTION 3. CHANGES. If,during the term of this MOU,any change of insurance carrier or method of funding for any benefit provided hereunder occurs, the City shall notify OMA prior to any change of insurance carrier or method of funding the coverage. 17 ARTICLE XVI HEALTH BENEFITS SECTION 1. HEALTH INSURANCE. The City contracts with CalPERS to make available those health insurance benefits provided under the Public Employees' Medical and Hospital Care Act(PEMHCA). A. Flexible Benefits Plan. The City shall provide a Section 125 Flexible Benefits Plan for active full- time and part-time eligible employees and pay the following monthly amounts to provide funds for optional health plans,dental plans,vision plans,health care reimbursement,dependent care,or cash as established by the Internal Revenue Service. The following amounts include the minimum amount required under PEMHCA,which is$157.00 per month. This contribution shall be adjusted annually on January 1 S`to the amount set by the CalPERS Board of Administration. Effective Date Single 2-Party Family January 1,2023 1,910.00 $1,910.00 $1,910.00 January 1,2024 1,910.00 $1,960.00 $2,010.00 January 1,2025 1,910.00 $2,010.00 $2,110.00 B. Any amounts in excess of the amounts designed in Section 1 A necessary to maintain benefits under any benefits plans selected by the employee shall be borne by the employee. C. An employee cannot be enrolled in the CalPERS Health Benefits Plan if a spouse is enrolled in the same agency or enrolled in an agency with CalPERS Health, unless the employee (or the spouse) is enrolled without being covered as a family member. D. An employee may choose to not be enrolled in the Health Benefits Plan. If an employee chooses not to be enrolled in a health plan, the employee must provide proof of group medical insurance coverage (e.g., coverage under a spouse's employer's plan) that is compliant with the Affordable Care Act(ACA),as determined by the Human Resources Director. Based upon determination that group medical insurance coverage is in full force and effect, eligible employees shall receive the contribution described in Section 1 B towards the Flexible Benefits Plan. Employees hired after January 1,2020 who elect to waive medical insurance shall receive$500.00 per month. Employees with a hire date prior to January 1, 2020 shall receive $1,610.00 per month. E. In the event that the employee loses eligibility (with documentation) then the employee may re- enroll in the CalPERS Health Benefits Plan pursuant to their rules and regulations. Failure to do so within sixty (60)days, shall result in the City seeking reimbursement of said contributions. F. Retired Annuitant Contribution. The City shall contribute toward the payment of premiums under the CalPERS Health Benefits Plan to each eligible retired annuitant of CalPERS to the extent required by law,a contribution of$157.00 per month effective January 1, 2024. This contribution 18 may be adjusted annually on January 1st to the amount set by the CalPERS Board of Administration. SECTION 2. LIFE INSURANCE. The City shall contribute the full premium toward a $75,000 life insurance policy for each benefited employee. SECTION 3. LONG-TERM DISABILITY INSURANCE. The City shall provide a long-term disability plan that pays sixty percent (60) of salary after a sixty (60) day elimination period, to a maximum of 7,000 per month. SECTION 4. RETIREMENT HEALTH SAVINGS PLAN (RHSP). The City established and approved a Retirement Health Savings Plan for employees covered by this MOU. The City will not contribute to this Plan,as all contributions of the plan will be borne by the employees. All OMA employees are required to participate in the plan by converting the value of the following forms of compensation,on a tax-deferred basis, into their savings account: A. 100%of eligible accrued Sick Leave cashout value upon retirement from City service and entering the CalPERS as a Retired Annuitant in accordance with Article XIV,Section 4H shall be deposited into the employee's Retirement Health Savings Plan account. B. 100%of remaining balance of Floating Holiday hours(up to 18 hours)upon retirement from City service and entering the CalPERS shall be deposited into the employee's Retirement Health Savings Plan account. C. 100% of the remaining balance of Administrative Leave hours (up to 45 hours) upon retirement from City service and entering the CalPERS shall be deposited into the employee's Retirement Health Savings Plan account. ARTICLE XVII EDUCATIONAL ASSISTANCE AND WELLNESS PROGRAM SECTION 1. PROGRAM REQUIREMENTS. The City will reimburse employees for the cost of tuition, textbooks,parking fees, and health fees required for approved community college and college courses,as well as job-required licensing, testing, renewal, and registration fees. An approved course is one designated to directly improve the knowledge of the employee relative to the employee's specific job,and must be approved by the Department Head and the Human Resources Director prior to registration. Full reimbursement up to the amount specified below will be provided based upon completion of the approved course(s)with a final grade of C or better. SECTION 2. PAYMENTS. Educational assistance payments to an employee shall not exceed$1,500.00 in any one (1) fiscal year and the individual must still be employed by the City when the course is completed to qualify for reimbursement. 19 SECTION 3. PROFESSIONAL DEVELOPMENT. The City agrees to allow reimbursement to employees of up to $600.00 of the $1,500.00 allotted per fiscal year for activities that aid in their professional development. Reimbursable activities include the following: 1. Attendance at job-related professional conferences,trainings, and seminars; and 2. Payment of membership dues in community and professional organizations; and 3. Purchase of job-related professional journals, books, and other written materials, which further their knowledge and improve their effectiveness in performing their duties. Participation and/or purchase must be approved in advance by the Department Head and the Human Resources Director. The above modifications are made to recognize and encourage staff to pursue educational and public relations oriented activities beyond those normally budgeted for them by their departments and in which they are directed to participate. Approved activities are those which may be expected to further their knowledge of their jobs and the Orange community and which contribute to their improved effectiveness. Individual departments may continue to budget funds for staff attendance at professional conferences and seminars, for payment of professional membership dues, and for the purchase of books, journals, and related written materials, which enhance the staffs knowledge. SECTION 4. WELLNESS REIMBURSEMENT. The City agrees to allow reimbursement to employees of up to $375.00 of the $1,500.00 allotted per fiscal year towards reimbursement for items 1, 2 and/or 3 below. Requests must be approved,prior to purchase or participation,by the Human Resources Director. 1. Membership in a health/fitness club. 2. Participation in a weight loss/stop smoking/wellness/fitness program. 3. Fitness equipment(home gym equipment). The City will not reimburse employees for any of the above listed activities for family/dependent health related expenses. ARTICLE XVIII RETIREMENT SECTION 1. The City participates in the California Public Employees' Retirement System (Ca1PERS). This participation shall include, but is not limited to,the following retirement benefits: A. New Members. Employees who are New Members of CalPERS as defined by California Government Code Section 7522.04(f)are subject to the 2% @ age 62 retirement formula as set forth in California Government Code Section 7522.20. These New Members are subject to the 20 three (3) year final compensation measurement period as set forth in California Government Code Section 7522.32. These New Members shall contribute half of normal cost of retirement as determined by CalPERS from their pensionable compensation,on a pre-tax basis,as set forth in California Government Code Section 7522.30. In all other respects,New Members shall be subject to the terms and requirements of PEPRA. B. Classic Members. Employees who are not defined as New Members as outlined in Section A above are defined as Classic Members of CalPERS and are subject to the 2.7% @ age 55 retirement formula as set forth in Section 21354.5 of the California Government Code. These Classic Members are subject to the one (1) year final compensation measurement period set forth in California Government Code Section 20042. These Classic Members shall contribute eight percent(8.0%) of their compensation earnable, on a pre-tax basis. SECTION 2. PART-TIME EMPLOYEES. Part-time employees not covered under CalPERS shall participate in a defined contribution retirement plan in lieu of Social Security contributions. The City shall contribute three and three-fourths percent (3.75%) of the employee's eligible earnings toward the retirement plan. Part-time employees shall contribute three and three-fourths percent (3.75%) of their eligible earnings toward the retirement plan. SECTION 3. 1959 CALPERS SURVIVOR BENEFIT. The City provides the 1959 CalPERS Survivor Benefit at the Fourth Level Option (California Government Code Section 21574) for all covered employees. Employees shall pay their $2.00 monthly contribution through payroll deduction. The City shall pay the employer portion subject to the following limit: $6.00 per month. Employees shall pay any portion of the employer portion that exceeds $6.00 monthly. ARTICLE XIX MISCELLANEOUS SECTION 1. RIDESHARE INCENTIVE PROGRAM. An employee may receive$30.00 per month and eight(8) hours of paid time off(to a maximum accrual of 16 hours) every six (6) months for carpooling, using public transportation, biking, walking, or other approved modes of transportation to and from the worksite. To qualify for these incentives, an employee must use one (1) of the above modes of transportation a minimum of seventy percent(70%) of the employee's commuting time. SECTION 2. UNIFORMS. A. The City will purchase uniforms for certain designated classifications within the Association. Uniform allowance for the following classifications,in the amounts specified per calendar year: Equipment Maintenance Supervisor($82.00); Parks Maintenance Supervisor($135.00), Public Works Maintenance Supervisor($135.00), and Water Maintenance Supervisor($135.00). This form of pay, also referred to as "Uniform Allowance", shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(5); however, this form of pay is not pensionable compensation for New Members. 21 B. All uniforms and/or safety equipment purchased by the City shall remain the property of the City. C. Clothing Reimbursement Allowance. 1) Allowance. The City shall contribute up to $150.00 per employee toward a clothing reimbursement allowance per fiscal year. This allowance applies only to Public Works Maintenance Supervisors and Water Maintenance Supervisors of the Public Works Department. This form of pay, also referred to as "Uniform Allowance", shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations,Section 571(a)(5);however,this form of pay is not pensionable compensation for New Members. 2) Reimbursement Request. Employees may submit a request for reimbursement once per fiscal year. 3) Clothing.. The City shall reimburse employees for the following articles of clothing which are to be worn on the job: blue jeans,white crew socks,white walking socks, and two (2) pairs of shorts per year. The following articles of clothing are not considered reimbursable clothing under this MOU:polo shirts,T-shirts,jackets,windbreakers,dress socks, dress slacks, and other types of clothing not specifically reimbursable under the above guidelines. SECTION 3. WORK SHOE STIPEND. Employees in the following classifications may be required to wear safety shoes with steel toes while on duty and shall receive a work shoe stipend of up to $450.00 per fiscal year: Building Inspection Supervisor, Construction Inspection Supervisor, Environmental Program Manager, Equipment Maintenance Supervisor, Facilities Maintenance Supervisor, Landscape Coordinator, Parks Maintenance Supervisor, Project Development Coordinator, Public Works Maintenance Supervisor, Recreation Services Supervisor, Senior Civil Engineer, Senior Landscape Coordinator, Senior Plan Check Engineer, Senior Water Quality Inspector, Traffic Operations Superintendent,Tree Services Coordinator, Water Maintenance Supervisor, and Water Quality Inspector. Designated employees will receive a $450.00 yearly stipend. The stipend will be paid in the first pay period of the fiscal year; designated employees who are hired by the City following the first pay period of the fiscal year will receive a prorated,by month, amount of the $450.00 stipend, or$150.00,whichever is greater. In no event shall any employee receive more than $450.00 per year related to safety shoes (e.g., if an employee promotes or moves to a different represented group of employees). Inspection of the worksite will be made on a regular basis to ascertain compliance with the safety shoe program. SECTION 4. EYEGLASS REPLACEMENT. The City will pay for replacement of employee's eyeglass that are lost or damaged in the course of work. Damaged eyeglasses will be turned into the City in order for the employee to be entitled to reimbursement. The City will not reimburse an employee for more than one (1)pair of lost or damaged eyeglasses per fiscal year. SECTION 5. TOOLS. Employees classified as Equipment Maintenance Supervisor shall provide such tools as are ordinarily used in the trade, which shall be the personal tools of the Equipment Maintenance Supervisor. The City will establish with a vendor an account for said employees who have at least one year of service in such classification. Such employees shall be allowed up to a maximum of$750.00 per 22 fiscal year. Effective July 1,2024,this amount shall increase to$1,000.00 per fiscal year with such vendor in order to replace and maintain the tools necessary for the performance of the employee's job duties. The City shall bear no liability or responsibility for such tools except as provided in this Section. SECTION 6. DIRECT DEPOSIT. City employees are required to participate in the City's direct paycheck deposit program. ARTICLE XX TRAVEL EXPENSE ALLOWED SECTION 1. MILEAGE REIMBURSEMENT. Expense claims for the use of private automobiles must be authorized and submitted through the Department Head to the Accounts Payable Division of the Finance Department for reimbursement. Such use, where mileage is reimbursed, will be reimbursed at the rate per mile allowed under the current IRS regulations. SECTION 2. OUT-OF-CITY TRAVEL. If the estimated expense of contemplated travel out of the City is too great to expect the employee to finance the trip and be reimbursed upon return, the City Manager may authorize advance payment of the estimated amount of the travel expense to the employee. A. Economy class airfare will be considered standard for out-of-town travel. B. Use of personal cars for out-of-City trips, within the State, may be approved by the City Manager when use of commercial transportation is not available or practical. If an employee prefers to use a personal vehicle,the employee may be reimbursed mileage expenses as long as the expenses do not exceed the amount of the cost of the commercial transportation. 1) The rate per mile allowed under the current IRS regulations shall be approved for use of personal cars when City cars are not available. SECTION 3. TRANSPORTATION AND EXPENSE CHARGES. Expenses for air, rail, or public transportation will be allowed whenever such transportation is necessary to conduct City business. In addition, the following expenses and charges will be allowed, whenever necessary, for conducting City business. A. Expense will be allowed for adequate lodging. Hotel accommodations shall be appropriate to the purpose of the trip, and must be approved by the Department Head. B. Telephone charges will be allowed for official calls. C. Expenses for meals will be reimbursed according to Administrative Policy Number 4.13. REST OF PAGE LEFT INTENTIONALLY BLANK. 23 ARTICLE XXI SAFETY AND HEALTH SECTION 1. The City and its employees agree to comply with all applicable Federal, State, and Local laws as well as any City policies which relate to health and safety. In addition,the City and the Association agree to actively pursue the continuation of safe working procedures and environments. SECTION 2. SAFETY EQUIPMENT. All protective clothing or protective devices required of employees in the performance of their duties shall be furnished without cost to the employees by the City. ARTICLE XXII CITY MANAGEMENT RIGHTS AND RESPONSIBILITIES SECTION 1. The City reserves, retains, and is vested with, solely and exclusively, all rights and responsibilities of Management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights and responsibilities existed prior to the execution of this MOU. The sole and exclusive rights and responsibilities of Management,as they are not abridged by this MOU or by law, shall include, but not be limited to,the following: A. To manage the City generally and to determine issues of policy. B. To determine the existence or non-existence of facts which are the basis of the Management decision. C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services. D. To determine the nature, manner, means, and technology, and extent of services to be provided to the public. E. To determine the methods of financing. F. To determine the types of equipment or technology to be used. G. To determine and/or change the facilities, methods,technology, means, and size of the workforce by which the City operations are to be conducted. H. To determine and change the number of locations, relocations, and types of operations,processes, and materials to be used in carrying out all City functions including,but not limited to,the right to contract for or subcontract any work or operation of the City. I. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. 24 J. To relieve employees from duties for lack of work, economic conditions, or similar non- disciplinary reasons. K. To establish and modify productivity and performance programs and standards. L. To discharge, suspend, demote, or otherwise discipline employees for proper cause. M. To determine job classifications and to reclassify employees and to determine the job classifications to be assigned to the Association. N. To hire,transfer,promote,and demote employees for non-disciplinary reasons in accordance with this MOU. O. To determine policies, procedures, and standards for selection, training, and promotion of employees. P. To establish employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith. Q. To maintain order and efficiency in its facilities and operations. R. To establish, modify, and promulgate reasonable rules and regulations which are not in contravention with this MOU to maintain order and safety in the City. S. To take any and all necessary action to carry out the mission of the City in emergencies. SECTION 2. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact a significant number of employees of the Association,the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights,unless the matter of the exercise of such rights is provided for in this MOU or in Personnel Rules and Salary Resolutions and Administrative Code, which are incorporated in this MOU. By agreeing to meet and confer with the Association as to the impact and the exercise of any of the foregoing City Rights, Management's discretion in the exercise of these rights shall not be diminished. ARTICLE XXIII EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES SECTION 1. ASSOCIATION DUES DEDUCTIONS. The City shall deduct Association dues from employee paychecks on a bi-weekly basis. The City shall process these deductions based on the information certified to be current by the Association. The total amount of deductions shall be remitted by the City to the Association within ten(10) calendar days of each applicable payday. 25 SECTION 2. INDEMNIFICATION. The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits arising out of the deductions or transmittal of such funds to the Association, except the intentional failure of the City to transmit to the Association monies deducted from the employees pursuant to this Article. ARTICLE XXIV GRIEVANCE PROCEDURE SECTION 1. DEFINITION OF GRIEVANCE. A grievance shall be defined as a timely complaint by an employee or group of employees of OMA concerning the interpretation or application of specific provisions of this MOU or of the Rules and Regulations governing personnel practices or working conditions of the City. An employee complaint concerning the employee's own discipline shall be processed in accordance with Article XXV. The grieving party must state in writing the remedy sought to resolve the grievance. SECTION 2. BUSINESS DAYS. Business days means those days in which the City's administrative offices are open. SECTION 3. TIME LIMITS FOR FILING WRITTEN FORMAL GRIEVANCES. The time limits for filing written formal grievances shall be strictly construed, but may be extended by mutual agreement evidenced, in writing, and signed by a duly authorized representative of the City and the grieving party. Failure of the grieving party to comply with any of the time limits set forth hereunder shall constitute waiver and bar further processing of the grievance. Failure of the City to comply with the time limits set forth in this Section shall automatically move the grievance to the next level in the Grievance Procedure. The grieving party may request the assistance of the Association in presenting a grievance at any level of review or may represent themselves. SECTION 4. INFORMAL GRIEVANCE PROCESS. An employee must first attempt to resolve a grievance on an informal basis by discussion with the immediate supervisor without undue delay. Every effort shall be made to find an acceptable solution to the grievance by these informal means at the most immediate level of supervision. At no time may the informal process go beyond the division head concerned. In order that this informal procedure may be responsive, all parties involved shall expedite this process. In no case may more than ten(10)business days elapse from the date 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 and the filing of a written formal grievance with the Human Resources Director of the City, with a copy to the Department Head in which the employee works. Should the grievant fail to file a written grievance within ten (10) business days from the date of the incident giving rise to the grievance, or when grievant knew or should have reasonably become aware of the facts giving rise to the grievance,the grievance shall be barred and waived. SECTION 5. FORMAL GRIEVANCE PROCESS, HUMAN RESOURCES DIRECTOR, DEPARTMENT HEAD. If the grievance is not resolved through the informal process, and the written grievance is filed within the time limits set forth above, the grievant shall discuss the grievance with the Human Resources Director and the Department Head. The Human Resources Director and the 26 Department Head shall render a decision and comments, in writing,regarding the merits of the grievance and return them to the grievant within ten(10) business days after receiving the grievance. SECTION 6. FORMAL GRIEVANCE PROCESS, CITY MANAGER. If the grievance is not resolved in Section 5 above,or if no answer has been received from the Human Resources Director and Department Head within ten(10)business days from the presentation of the written grievance to the Human Resources Director and Department Head, the written grievance shall be presented to the City Manager, or a 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 last Management grievance response. The City Manager, or a duly authorized representative, shall render a final decision on the merits of the grievance and comments, in writing, and return them to the grievant within ten(10)business days after receiving the grievance. After this procedure is exhausted,the grievant, OMA, and the City shall have all rights and remedies to pursue said grievance under the law. The City shall instruct its supervisors on the proper use and implementation of this grievance procedure and every reasonable effort shall be made by the employee and the supervisor to resolve the grievance at the informal step. ARTICLE XXV DISCIPLINARY APPEALS PROCEDURE SECTION 1. DISCIPLINARY APPEALS. Any employee who has obtained regular status, and any promotional probationary employee shall have the right to appeal any termination, suspension, reduction in salary,or non-probationary demotion. The right to appeal shall not apply to probationary,non-benefited part-time, temporary, or seasonal employees covered by this MOU. Verbal or written reprimands, probationary demotions,performance evaluations, and denial of merit increases are not subject to appeal. However,an employee may submit a written rebuttal to any verbal or written reprimand. In addition,the employee may also request said reprimand be withdrawn from their official Personnel record after one(1) year. However, such removal shall be at the complete discretion of the Human Resources Director. SECTION 2. MANAGER'S FORMAL DISCIPLINARY APPEALS PROCESS. An employee desiring to appeal a supervisor/manager's decision to take disciplinary action shall have up to ten (10) business days after receipt of the notice of intent to discipline to file either a verbal or written appeal to the Department Head. If, within the appeal period, the employee does not file an appeal, unless good cause for the failure is shown,the disciplinary action shall be considered final and shall take effect as prescribed. If the employee does file a notice of appeal within the appeal period,the Department Head shall consider the merits of said appeal prior to implementation of any disciplinary action. In the event the Department Head upholds the disciplinary action, said action shall be implemented immediately. An employee may appeal the Department Head's decision to the City Manager or, at the City Manager's discretion, to a duly authorized designee, as long as such authorized designee is not a manager from the department of the employee filing said appeal. An employee may appeal any termination, suspension, reduction in salary,or non-probationary demotion to the City Manager or a duly authorized designee. Any request for an appeal to the City Manager shall be submitted in writing to the Human Resources Department within ten(10)business days of the Department Head's decision. Failure to do so shall render the discipline final and constitute a waiver of any further administrative or judicial appeals. The appeal to 27 the City Manager may be either in the form of a written appeal or an oral presentation. Termination, suspensions without pay in excess of eighty (80) hours, or non-probationary demotion appeals may be further processed in accordance with the provisions of Section 3 below. SECTION 3. FORMAL PROCESS FOR TERMINATIONS, SUSPENSIONS WITHOUT PAY IN EXCESS OF 80 HOURS, OR NON-PROBATIONARY DEMOTION - ADVISORY HEARING OFFICER. A non-probationary employee may request a full evidentiary hearing within fifteen (15) business days of the date of any notice of termination, suspension without pay in excess of 80 hours, or non-probationary demotion. Failure to request a hearing within the 15-day period constitutes a waiver of the hearing. In lieu of a hearing, an employee who wishes to appeal one of these types of disciplinary action may submit a written response to the City Manager within the fifteen (15) day period. Requests for extensions to file a written response must be made within the fifteen (15) day period. If a hearing is requested to challenge the imposition of termination, suspension without pay in excess of eighty (80) hours, or non-probationary demotion, a full evidentiary hearing shall be held by the City Manager or an authorized designee, or at the employee's request, by a Hearing Officer who shall render an advisory decision. If the parties cannot agree on the identity of the Hearing Officer, the parties shall procure from the State Mediation and Conciliation Service a list of seven (7) qualified Hearing Officers. Each party shall alternately strike one (1) name from the list until only one (1) person remains, who shall be the Hearing Officer. The determination as to which party strikes first shall be made on a random basis. A. Fees for retaining the Hearing Officer and other costs related to conducting the hearing, for example employing a court reporter, shall be shared equally by the City and the employee. The City and the employee shall each be responsible for securing and paying for their respective representation at the hearing, if any. B. The Hearing Officer shall determine whether good cause exists for the imposition of the termination, suspension without pay in excess of 80 hours, or non-probationary demotion, and, if not, the appropriate degree of discipline. The decision of the Hearing Officer is remitted to the City Manager for final disposition. C. The City Manager,or a duly authorized representative,shall render a final decision on the Hearing Officer's comments and recommendation, in writing, and return them to the employee within ten 10)business days after receiving the Hearing Officer's findings. D. After this procedure is exhausted, the employee and the City shall have all rights and remedies to pursue said appeal under the law. ARTICLE XXVI NO STRIKE-NO LOCKOUT SECTION 1. PROHIBITED ASSOCIATION CONDUCT. The Association, its officers, agents, representatives and members agree that during the term of this MOU,they will not cause or condone any 28 strike, walkout, slowdown, sick-out, or any other job action by withholding or refusing to perform services. SECTION 2. PROHIBITED CITY CONDUCT. The City agrees that it shall not lock out its employees during the term of this MOU. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall, or failure to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this MOU or applicable ordinance or law. SECTION 3. Any employee who participates in any conduct prohibited in Section 1 above may be subject to termination by the City. SECTION 4. In addition to any other lawful remedies or disciplinary actions available to the City, if OMA fails, in good faith,to perform all responsibilities listed in Section 5A below,the City may suspend any and all of the rights and privileges accorded to OMA under the Employee Relations Resolution in this MOU, including, but not limited to, suspension of recognition of OMA grievance procedure, right of access,the use of the City's bulletin boards, and facilities. SECTION 5. ASSOCIATION RESPONSIBILITY. A. In the event that the Association,its officers,agents,representatives,or members engage in any of the conduct prohibited in Section 1 above, the Association or its duly authorized representatives shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and is unlawful, and they should immediately cease engaging in conduct prohibited in Section 1 above, and return to work. B. If the Association performs all of the responsibilities set forth in Section A above, its officers, agents, and representatives shall not be liable for damages for prohibited conduct performed by employees who are covered by this MOU in violation of Section 1 above. ARTICLE XXVII BLANK ARTICLE This article is intentionally left blank to standardize the sequence among other City of Orange MOU's. ARTICLE XXVIII LAYOFF PROCEDURE When a layoff or reduction in force is necessary, the layoff procedures set forth in Resolution No. 8176, as incorporated below, shall be used as the established layoff policy and procedure. SECTION 1.PURPOSE. The purpose of this policy is to establish and communicate the City's procedures when a layoff or reduction in force is necessary. 29 SECTION 2. SCOPE. All OMA employees are subject to reduction in force at the direction of the City Manager. SECTION 3.POLICY. The City retains the right to abolish any position,reduce the work force and layoff employees when it becomes necessary due to economic conditions, organizational changes, lack of work, II or because the necessity for a position no longer exists. Whenever possible,the City will advise OMA of their intent at least ten (10) calendar days in advance of the effective date. The City's layoff policy provides the following criteria to be followed during a reduction in force. SECTION 4. PROCEDURE. A. Order of Reductions in Force (Layoff and Demotion). Within a department and by classification,the order of layoff or demotion shall be as follows: 1) Temporary employees(19 hours or less); 2) Initial probationary employees; 3) Regular part-time employees (20 or more hours, but less than 40 hours); 4) Promotional probationary employees(40 hours); 5) Regular full-time employees(40 hours). For purposes of this procedure,the Water Division will be considered a department. B. Layoffs. 1) Layoffs shall be based on City-wide seniority, except, negative performance during the past five (5) years will be considered to determine the order of layoff. Negative performance and disciplinary actions will include the following: a) Denial of merit increases; b) Suspension without pay; c) Extensions of probationary periods; d) Disciplinary demotions to lower level positions; e) Disciplinary reductions in pay; and f) Performance evaluations containing significant, negative written comments indicating improvement needed and warning of further consequences to follow if improvement fails to occur. One(1)negative disciplinary action decreases the employee's seniority by one(1)year per occurrence and by two(2)years for additional occurrences,for a possible reduction of nine 9)years. 2) The order of layoff shall be established by the Human Resources Director, including seniority and results of review of performance evaluations and prior disciplinary actions. 3) The order of layoff will be the least senior employee as determined by the procedure above. 30 4) Prior to the establishment of the final order of layoff,the Human Resources Director shall furnish affected employees a copy of the "Proposed Order of Layoff." Notice will be hand delivered to employees whenever possible. 5) If the employee wishes to contest the application of the criteria set forth in this policy to the employee's position on the list,the employee may appeal with any supporting materials to the Human Resources Director. This request should be directed to the Human Resources Director within seven (7) calendar days following the establishment and distribution of a Proposed Order of Layoff' list. The employee will be allowed representation during the appeal process. 6) After meeting with all employees wishing to be heard with respect to their position on the layoff list,the Human Resources Director or a duly authorized designee shall establish the Final Order of Layoff' list. The decision of the Human Resources Director or an authorized designee shall be final and not subject to the grievance process or further appeal. C. Written Notice. Employees to be laid off shall be provided written notice at least ten(10)calendar days in advance of the layoff date. Notice will be hand delivered to the employee whenever possible. If personal delivery is not possible, the notice will be sent by certified mail to the last known residential address. D. Transfer or Demotion In Lieu of Layoff. 1) Whenever employees are to be laid off, they may transfer or demote to another vacant position in their own department or other departments providing that: a) The positions are at the same or lower level; b) Positions are authorized, budgeted, and the City intends to fill the vacancies; c) The employee meets the qualifications of the new position as determined by the Human Resources Director. 2) Whenever employees are to be laid off, they may demote to lower level, filled positions within their department providing they: a) Formerly held or supervised the lower level position within the classification series; b) Meet or can reasonably meet qualifications for the new position as determined by the Human Resources Director; c) Possess greater seniority to displace a lower level worker; d) Request in writing a demotion to the previously held or previously supervised position within seven(7)calendar days of receiving the notice of layoff. A voluntary demotion shall not reflect as a negative action in the employee's personnel file. REST OF PAGE LEFT INTENTIONALLY BLANK. 31 E. Re-employment Lists. 1) Regular employees in good standing who are laid off or demoted shall have their name placed on a departmental re-employment list for the last classification previously held. Names shall be placed on the list in inverse order of seniority(last released-first re-hired). Vacancies the department desires to fill will be offered first to eligibles on the departmental reemployment list. 2) Other hiring departments who have vacancies the City desires to fill will give priority consideration to those employees whose names appear on the re-employment list. If these employees are not selected for rehire,the reason for non-selection must be approved by the Human Resources Director. 3) Names of qualified individuals shall remain on reemployment lists for a period not to exceed two(2)years from the date of layoff. Individuals who qualify for rehire but do not respond to written notification to the last known address on file within lOcalendar days or who refuse two(2)job offers shall have their names removed from the re-employment list. Once rehired, employee names are removed from all re-employment lists. SECTION 5. NON-DISCRIMINATION IN REDUCTION IN FORCE. Layoffs and demotions, which result from a reduction in force, shall be made without regard to an employee's actual or perceived race, color, national origin, religion, sex, gender identity, physical or mental disability, medical condition cancer-related or genetic information), ancestry, marital status, age, sexual orientation, citizenship, pregnancy,childbirth or related medical condition, status as a covered veteran,or service in the uniformed services(as defined by the Uniformed Services Employment and Re-employment Rights Act of 1994) or any other lawfully protected class. ARTICLE XXIX SCOPE AND APPLICATION OF MEMORANDUM OF UNDERSTANDING It is the intent of the parties hereto that the provisions of this MOU shall supersede all prior agreements, oral and written, expressed or implied, between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This MOU is not intended to conflict with Federal or State law. ARTICLE XXX WAIVER OF BARGAINING DURING TERM OF MEMORANDUM OF UNDERSTANDING During the term of this MOU, the parties mutually agree that they will not seek to change, negotiate, or bargain with regard to wages, hours, benefits, and terms and conditions of employment, whether or not covered by this MOU or in the negotiations leading thereto,and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading 32 to this MOU. Regardless of the waiver contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this MOU. ARTICLE XXXI EMERGENCY WAIVER In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, wind, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this MOU or the Personnel Rules or Resolutions of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this MOU will be reinstated immediately. The Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of the provisions in the MOU during the course of the emergency. ARTICLE XXXII MEMORANDUM OF UNDERSTANDING TERMS SEVERABLE Should any provision of this MOU be found to be inoperative, void, or invalid by a court of competent jurisdiction,or by enactment of Federal or State legislation, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU. ARTICLE XXXIII TERM OF MEMORANDUM OF UNDERSTANDING SECTION 1. The term of this MOU shall commence on January 1, 2024 and shall continue in full force and effect until June 30, 2025. ARTICLE XXXIV RATIFICATION AND EXECUTION The City and the Association acknowledge that this MOU shall not be in full force and effect until ratified by OMA and adopted by the City Council of the City of Orange. Subject to the foregoing, this MOU is hereby executed by the authorized representatives of the City and OMA and entered into this 12th day of December, 2023. REST OF PAGE LEFT INTENTIONALLY BLANK. 33 CITY OF ORANGE. - ORANGE MANAGEMENT ASSOCIATION 044‘42 e‘--By: By: Monica Espinoza,Human Resources Director Mi e e Rubio,OCEA Sr. Labor Relations Rep. Tr g N t)- inance Director Stephen Mann,President By: By: Cody leen,Human Resources Manager Lisa ambu i ice President By: _ C By: 121------ ---\ ------ Erin Hodges, Sr. uman Resources Analyst Lisa A una,Treasurer By: B„Ze.pbr:ALI ht Gish, Director at Large APPROVED AS TO FORM: By: A&P Asv(t' Nathalie Adourian, enior Assistant City Attorney I 34 APPENDIX A ORANGE MANAGEMENT ASSOCIATION MONTHLY SALARY RANGES EFFECTIVE JANUARY 1,2023 3.0% Across the Board Salary Increase CLASSIFICATION TITLE RANGE STEP STEP STEP STEP STEP STEP A B C D E F Building Inspection Supervisor 590 6764 7109 7470 7852 8253 8673 Code Compliance Manager 645 8898 9354 9829 10330 10858 11411 Code Compliance Supervisor 590 6764 7109 7470 7852 8253 8673 Construction Inspection Supervisor 579 6403 6729 7073 7433 7812 8211 Development Project Manager 591 6797 7145 7508 7891 8294 8717 Digital Marketing Coordinator 565 5971 6275 6596 6931 7285 7657 Environmental Program Manager 643 8810 9261 9731 10228 10750 11298 Equipment Maintenance Supervisor 589 6730 7074 7433 7813 8212 8630 Facilities Maintenance Supervisor 579 6403 6729 7073 7433 7812 8211 Finance Coordinator 566 6001 6307 6629 6966 7322 7695 Historic Preservation Planner 614 7624 8014 8421 8851 9302 9776 Information Technology Specialist 565 5971 6275 6596 6931 7285 7657 Information Technology Supervisor 590 6764 7109 7470 7852 8253 8673 Landscape Coordinator 591 6797 7145 7508 7891 8294 8717 Legal Assistant 538 5219 5485 5765 6059 6368 6692 Library Manager I 594 6900 7253 7621 8010 8419 8848 Library Manager II 604 7253 7624 8011 8420 8850 9300 Library Tech& Support Services Mgr 604 7253 7624 8011 8420 8850 9300 Parks Maintenance Supervisor 579 6403 6729 7073 7433 7812 8211 Payroll Specialist 558 5766 6060 6369 6694 7035 7394 Permit Supervisor 579 6403 6729 7073 7433 7812 8211 Project Development Coordinator 591 6797 7145 7508 7891 8294 8717 Public Works Maintenance Supervisor 579 6403 6729 7073 7433 7812 8211 Real Property Agent 614 7624 8014 8421 8851 9302 9776 Recreation Services Supervisor 584 6564 6899 7251 7621 8009 8418 Senior Accountant 582 6499 6831 7179 7545 7930 8335 Senior Buyer 566 6001 6307 6629 6966 7322 7695 Senior Civil Engineer 643 8810 9261 9731 10228 10750 11298 Senior Contract Administrator 611 7510 7895 8296 8719 9164 9631 Senior Fire Inspection Specialist 600 7110 7473 7853 8254 8675 9116 Senior GIS Analyst 634 8423 8854 9304 9779 10278 10802 Senior Landscape Coordinator 611 7510 7895 8296 8719 9164 9631 Senior Legal Assistant 558 5766 6060 6369 6694 7035 7394 Senior Payroll Specialist 568 6061 6370 6695 7036 7395 7772 35 APPENDIX A (CONTINUED) ORANGE MANAGEMENT ASSOCIATION MONTHLY SALARY RANGES CLASSIFICATION TITLE RANGE STEP STEP STEP STEP STEP STEP A B C D E F Senior Plan Check Engineer 643 8810 9261 9731 10228 10750 11298 Senior Planner 614 7624 8014 8421 8851 9302 9776 Senior Water Quality Inspector 579 6403 6729 7073 7433 7812 8211 Traffic Operations Superintendent 599 7074 7436 7814 8213 8632 9071 Tree Services Coordinator 569 6091 6402 6728 7072 7432 7811 Water Maintenance Supervisor 579 6403 6729 7073 7433 7812 8211 Water Quality Inspector 559 5795 6090 6401 6727 7070 7431 EFFECTIVE DECEMBER 31,2023 5.5% Across the Board Salary Increase CLASSIFICATION TITLE RANGE STEP STEP STEP STEP STEP STEP A B C D E F Building Inspection Supervisor 601 7145 7510 7892 8295 8718 9162 Code Compliance Manager 645 8898 9354 9829 10330 10858 11411 Code Compliance Supervisor 601 7145 7510 7892 8295 8718 9162 Construction Inspection Supervisor 590 6764 7109 7470 7852 8253 8673 Development Project Manager 602 7181 7548 7931 8336 8762 9208 Digital Marketing Coordinator 576 6308 6629 6968 7323 7696 8089 Environmental Program Manager 654 9307 9783 10280 10805 11357 11934 Equipment Maintenance Supervisor 600 7110 7473 7853 8254 8675 9116 Facilities Maintenance Supervisor 590 6764 7109 7470 7852 8253 8673 Finance Coordinator 577 6339 6663 7002 7359 7735 8129 Finance Supervisor 597 7004 7362 7736 8131 8546 8981 Historic Preservation Planner 625 8054 8465 8895 9350 9828 10328 Information Technology Specialist 576 6308 6629 6968 7323 7696 8089 Information Technology Supervisor 601 7145 7510 7892 8295 8718 9162 Landscape Coordinator 602 7181 7548 7931 8336 8762 9208 Legal Assistant 549 5513 5795 6089 6401 6727 7070 Library Manager I 605 7289 7662 8051 8462 8894 9347 Library Manager II 615 7662 8054 8463 8895 9349 9825 Library Tech& Support Services Mgr 615 7662 8054 8463 8895 9349 9825 Parks Maintenance Supervisor 590 6764 7109 7470 7852 8253 8673 Payroll Specialist 569 6091 6402 6728 7072 7432 7811 36 APPENDIX A (CONTINUED) ORANGE MANAGEMENT ASSOCIATION MONTHLY SALARY RANGES CLASSIFICATION TITLE RANGE STEP STEP STEP STEP STEP STEP A B C D E F Permit Supervisor 590 6764 7109 7470 7852 8253 8673 Project Development Coordinator 602 7181 7548 7931 8336 8762 9208 Public Works Maintenance Supervisor 590 6764 7109 7470 7852 8253 8673 Real Property Agent 625 8054 8465 8895 9350 9828 10328 Recreation Services Supervisor 595 6935 7289 7659 8050 8461 8892 Senior Accountant 593 6865 7217 7583 7971 8378 8804 Senior Buyer 577 6339 6663 7002 7359 7735 8129 Senior Civil Engineer 654 9307 9783 10280 10805 11357 11934 Senior Contract Administrator 622 7934 8340 8763 9211 9681 10174 Senior Fire Inspection Specialist 611 7510 7895 8296 8719 9164 9631 Senior GIS Analyst 645 8898 9354 9829 10330 10858 11411 Senior Landscape Coordinator 622 7934 8340 8763 9211 9681 10174 Senior Legal Assistant 569 6091 6402 6728 7072 7432 7811 Senior Payroll Specialist 579 6403 6729 7073 7433 7812 8211 Senior Plan Check Engineer 654 9307 9783 10280 10805 11357 11934 Senior Planner 625 8054 8465 8895 9350 9828 10328 Senior Water Quality Inspector 590 6764 7109 7470 7852 8253 8673 Traffic Operations Superintendent 610 7473 7855 8254 8676 9119 9583 Tree Services Coordinator 602 7181 7548 7931 8336 8762 9208 Water Maintenance Supervisor 590 6764 7109 7470 7852 8253 8673 Water Quality Inspector 570 6121 6434 6762 7107 7469 7850 37