RES-11056 Orange Management AssociationRESOLUTION N0. 11056
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING THE
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORANGE AND THE
ORANGE MANAGEMENT ASSOCIATION (OMA)
CONCERNING WAGES, HOURS, AND OTHER
CONDITIONS OF EMPLOYMENT EFFECTIVE
JULY 1, 2017 THROUGH AND INCLUDING
DECEMBER 31, 2019 AND REPEALING
RESOLUTION NO. 10971 AND AMENDMENTS
THERETO FOR SAID EMPLOYEES.
WHEREAS, the City of Orange, hereinafter referred to as "City," and the Orange
Management Association, hereinafter referred to as "OMA" have met and conferred in
accordance with the requirements of the Meyers-Milias-Brown Act; and
WHEREAS, the City and OMA have reached agreement on wages, hours, and other
conditions of employment effective July 1, 2017 through and including December 31, 2019 and
the City Council desires to repeal Resolution No. 10971 and amendments thereto for said
employees, as set forth in the Memorandum of Understanding; and
WHEREAS, on October 24, 2017, the City Council of the City of Orange adopted
Resolution Number 11029, Resolution of the City Council of the City of Orange Establishing a
Letter of Understanding Between the CiTy of Orange and the Orange Management Association
Effective July 1, 2017 through December 31, 2019; and
WHEREAS, the Ciiy and the Association agreed to incorporate the provisions contained
in the Letter of Understanding noted above into a new Memorandum of Understanding once both
parties had an opportunity to review and concur on any and all language changes included in the
new Memorandum of Understanding
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
that the Memorandum of Understanding attached hereto as Exhibit"A" (the"MOU") is approved
and incorporated herein by reference as if fully set forth herein and that Resolution No. 11029 be
repealed in its entireTy.
ADOPTED this 13'day of February 2018.
v u
Teresa . Smith, M yor, Ci of Orange
ATTEST:
C/L, `
Mary E. Murpl y;,C Clerk; City of Oran e
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I, MARY E. MLTRPHY, 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 13t" day of February 2018, by the following vote:
AYES: COiJNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy,Nichols
NOES: COiJNCILMEMBERS: None
ABSENT: COLTNCILMEMBERS: None
ABSTAIN: COiJNCILMEMBERS: None
Mary E.1'GIurp , City Clerk, City of range
Resolution No. 11056
8420178.1 OR020-069
City of
r.l
Exhibit "A"
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORANGE AND THE
ORANGE MANAGEMENT ASSOCIATION
JULY 1, 2017 THROUGH DECEMBER 31, 2019
Resolution No. 11056
8420178.1 OR020-069
ORANGE MANAGEMENT ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
Article No. Article Title PaEe No.
I Recognition 1
II Non-Discrimination 1
III Salaries 1
Basic Compensation Plan,Salary Schedule,Hourly Rate
Part-Time Employees,Beginning Rates,Service,
Advancement within Salary Schedule,Reduction in Salary
Steps,Bilingual Assignment, Shift Differential,
Certification Bonuses,Incentive Pay Plan
N Work Week 6
V Probation 6
VI Promotion 6
VII Demotion 7
VIII Reassignment of Compensation Ranges 7
IX Working Out of Class 8
X Overtime/Callback Compensation 8
XI Holidays 10
XII Vacation 11
XIII Part-Time and Temporary Employee 12
Eligibility for Fringe Benefits
XIV Leaves of Absence , 13
Leave of Absence without Pay,Jury Duty and Services as
Witness for City,Military Leave, Sick Leave,Family Leave,
Bereavement Leave,Workers' Compensation,Family Care
and Medical Leave,Administrative Leave
XV Fringe Benefit Administration 19
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Article No. Article Title Pa e No.
XVI Health Benefits 20
Health Insurance,Life Insurance,Disability Insurance,
Retirement Health Savings Plan Trust
XVII Educational Assistance/Wellness Program 21
XVIII Retirement 22
XIX Miscellaneous Provisions 23
Rideshare Incentive,Uniforms,Work Shoe Stipend,
Eyeglass Replacement,Tools,Direct Deposit
XX Travel Expense Allowed 25
XXI Safety and Health 26
XXII City Rights 26
XXIII Employee Organizational Rights and Responsibilities 28
XXIV Grievance Procedure 28
XXV Disciplinary Appeals Procedure 29
XXVI No Strike-No Lockout 31
XXVII OMA Representatives 32
XXVIII Layoff Procedure 32
X Sole and Entire Memorandum of Understanding 35
XXX Waiver of Bargaining During the Term of this MOU 35
XXXI Emergency Waiver Provision 36
XXXII MOU Terms Severable 36
XXXIII Term of Memorandum of Understanding 36
XXXIV Ratification and Execution 37
Appendix"A" Monthly Salary Ranges 38
Appendix "B" Schedule of Lump Sum Payments 39
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Article I
RECOGNITION
SECTION 1. Pursuant to the provisions of the Employer-Employee Relations Resolution No.
3611 of the City of Orange (hereinafter, the "City"), for the purpose of ineeting its obligations
under the Meyers-Milias-Brown Act (Government Code Section 3500 et seq.), Employee
Relations Resolution No. 3611 and this Memorandum of Understanding (hereinafter referred
to as "MOU"), the City has recognized the Orange Management Association (hereinafter
OMA") as the majority representative of the classifications as set forth in Appendix"A."
Article II
NON-DISCRIMINATION
SECTION 1. The parties mutually recognize and agree to protect the rights of all employees
hereby to join andlor participate in protected OMA 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. se c.
SECTION 2. The City and OMA agree that they sha11 not discriminate against any employee
on the basis of actual or perceived race, color, national origin, religion, sex, gender identity,
physical or mental disability, medical condition (cancer-related or genetic characteristics),
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 OMA shall reopen any provision of this MOU for the
purpose of complying with any order of a Federal or State agency or court of competent
jurisdiction requiring a modification or change in any provision or provisions of this MOU in
compliance with Federal or State anti-discrimination laws.
SECTION 3. Whenever the masculine gender is used in this MOU, it shall be understood to
include the feminine gender.
SECTION 4. The term "employee(s)" shall refer only to those employees covered by this
MOU.
Article III
SALARIES
SECTION 1. Basic Compensation Plan. There is hereby established a basic compensation
plan for all members of OMA who are now employed or will in the future be employed in any
of the designated classifications of employment listed in this MOU and its attachments.
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SECTION 2. Salary Schedule. Salaries effective July 24, 2016 for employees covered by this
MOU are listed in Appendix "A." The salary and wage schedules attached hereto shall
constitute the basic compensation plan consisting of six steps or rates of pay in each range.
The listed salary and wage schedules constitute the basic monthly compensation plan based on
a 40-hour workweek.
A. Lump Sum Payments. Effective the pay period ending October 14, 2017, the
first full pay period in July 2018, and the first full pay period in July 2019,
employees shall receive lump sum payments in accordance with the schedule
attached as Appendix"B".
Only employees that are active (employed by the City) during the pay period that
a lump-sum payment is to be made are eligible for such payments. Payments
will be according to the classification the member is in at the time the lump-sum
payment is made. Members in an acting position at the time of the lump-sum
payment will receive the amount for their acting classification, regardless of
whether their acting classification is within OMA. Part-time, benefitted
employees will receive a pro-rata share equivalent to their FTE classification in
payroll at the time of the payment (e.g., a 25-hour employee will receive 62.5%
of the lump sum amount—25-hour employees are a 0.625 FTE).
B. Me-Too Provision. If OMEA, OMCEA, and/or WDEA receive any increase in
salary, including base salary, lump sum payments, and/or step increases, and/or
medical insurance greater than this unit in the fiscal years covered by this
Agreement, then this unit shall receive the same.
SECTION 3. Hourlv Rate Part-Time Emplovees.
A. For all employees who have a regular weekly work schedule of 40 hours, the
equivalent hourly rate of pay shall be the monthly rate times 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 %2 cent.
B. Regular part-time employees who are scheduled to work on an average of at
least 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. One thousand-foriy (1,040) hours of regular part-time employment
shall equal six (6) months' service.
SECTION 4. Be innin R A new employee of the City shall be paid the rate shown in
Step "A" in the range allocated to the class of employment for which he has been hired, except
that on the request of the Department Head under whom the employee will serve, and with the
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authorization of the Human Resources Director, such employee may be placed in Step "B",
C", "D", "E", or "F" 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 30 days by reason of resignation or for any length of time due to discharge
shall serve to eliminate the accumulated length of service time of such employee for the
purpose of this MOU. An employee re-entering the service of the City shall be considered as
a new employee, except that he may be re-employed within one (1) year and placed in the
same salary step in the appropriate compensation range as he was at the time of the
termination of employment.
SECTION 6. Advancement within Salary Schedule. The following regulations shall govern
salary advancement within ranges:
A. Merit Advancement. An employee may be considered for advancement through
the salary range based only on continuous, meritorious, and efficient service, and
continued improvement by the employee in the effective performance of the
duties of his position. A merit increase shall become effective on the first day
on the pay period following completion of the length of service required for such
advancement. Such merit advancement shall require the following:
1) The head of the department which the employee is employed, 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. A disapproval from
the Human Resources Director, together with the reasons therefore,
shall be returned to the Department Head.
2) The recommendation of the Department Head and the approval of the
Human Resources Director shall be forwarded to the Payroll Division
of the Finance Department for change of payroll status.
3) Advancements through the pay range Step "A" through Step "F"
shall occur in yearly increments.
B. Special Merit Advancements. When an employee demonstrates exceptional
ability and proficiency in the performance of his 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 minimuxn 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.
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C. Length of Service Re uired When Advancement is Denied. When an employee
has not been approved for advancement to the next higher salary step, he may be
reconsidered for such advancement at any subsequent time. This reconsideration
sha11 follow the same steps and shall be subject to the same action as provided in
Section 6(A).
SECTION 7. Reduction in Salary Steps. Any employee who is being paid on a salary step
higher than Step "A" may, for disciplinary reasons, be reduced by one or more steps upon the
recommendation of the Department Head with the approval of the Human Resources Director.
SECTION 8. Bilingual Assignment• Employees may be assigned by the Department Head to
a Bilingual Assignment. Bilingual Assignments shall be made on the following basis:
A. The Department Head shall determine the number of Bilingual Assignment
positions which are necessary based upon a demonstrable need and frequency of
use; and
B. All Bilingual Assignments must be approved by the Human Resources Director
or his designee; and
C. 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; and
D. 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 his
designee; and
E. No employee sha11 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; and
F. Such employees on Bilingual Assignment shall receive an additional $140.00
per month, in addition to their regular salary, for the duration of the assignment.
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, 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 compensation shall
continue to be reported to Ca1PERS as special compensation and therefore compensation
earnable pursuant to California Public Employees' Retirement System (PERS) Regulations,
Section 571(a)(4).
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SECTION 10. Certification Bonuses.
A. State of California Department of Health Services Water Distribution Operator
Certification:
i. Employees who possess a Grade II Water Distribution Certificate (D-2) shall
receive a flat$100.00 per month bonus.
ii. Employees who possess a Grade III Water Distribution Certificate (D-3) shall
receive a flat $150.00 per month bonus.
B. State of California Department of Health Services Water Treatment Operator
Certification:
i. Employees who possess a Grade II Water Treatment Certificate (T-2) shall receive
a flat$75.00 per month bonus.
C. California Water Environmental 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 bonus.
ii. Employees who possess a CWEA Grade III Collection System Maintenance
Certificate shall receive a flat$100.00 per month bonus.
D. California Water Environmental Association Laboratory Analvst Certification:
i. Employees who possess a Grade I Laboratory Analyst Certificate shall receive a
flat$125.00 per month bonus.
E. An employee who possesses two (2) or more of the above certifications is eligible for
cumulative bonus compensation.
F. The above forms of compensation, also referred to "Educational Incentive Pay" shall
continue to be reported to Ca1PERS as special compensation and therefore compensation
earnable pursuant to California Public Employees' Retirement System (PERS)
Regulations, Section 571(a)(2).
SECTION 11. Incentive Pa, 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.
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Article IV
WORK WEEK
SECTION 1. The regular workweek for all employees shall be 40 hours per week.
Article V
PROBATION
SECTION 1. An employee initially appointed or promoted to a class sha11 serve a
probationary period of 26 pay periods during which he shall have an opportunity to
demonstrate suitability for the job. With approval of the Human Resources Director, the
Department Head may, for just cause, extend the probationary period. The employee who
successfully completes the probationary period shall be considered to have obtained "regular
status." An employee who does not satisfy the standards of the class 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
action.
SECTION 2. Probationary employees are not entitled to compete for a closed/promotional
recruitmenbselection process; they may, however, compete for any open/competitive
recruitment/selection processes.
Article VI
PROMOTION
SECTION 1. Salary Step Assignment• When an employee is promoted to a position in a
higher classification, he may be assigned to Step "A" in the appropriate range for the higher
classification; provided, however, that if such employee is already being paid at a rate equal to
or higher than Step "A", he shall be placed in the step in that appropriate salary range as will
grant him an increase of at least one (1),but no more than three (3), salary steps.
SECTION 2. Eli ibilitv 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 his non-
selection.
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Article VII
DEMOTION
SECTION 1. When an employee is demoted, for disciplinary reasons, to a position in a lower
classification, his salary rate shall be fixed in the appropriate salary range for the lower
classification in accordance with the following provisions:
A. The salary rate shall be reduced by at least one step,
B. The new salary rate must be within the salary range for the classification to
which demoted.
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 he 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.
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.
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Article IX
WORKING OUT OF CLASS
SECTION 1. The City may work employees out of classification for up to 10 consecutive
working days without additional compensation.
SECTION 2. Working out of class assignments shall only be made for positions vacated due
to illness, an approved leave of absence, voluntary resignation, promotion, demotion or
termination.
SECTION 3. Actin Time Pa
A. An employee shall receive acting time pay at "A" Step of the higher class, or 5%
above the employee's regular salary, whichever is greater, for work performed in the
higher classification on the 11`h consecutive day out of class, and for each
consecutive day thereafter an employee works out of class.
B. The Department Head or his designee shall assign the employee to work out of
classification but shall notify the Human Resources Director prior to the assignment.
C. To qualify for working out of class pay, the employee must be performing all the
significant duties of the higher class.
SECTION 4. Eli igbilitvPeriod. During the 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 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 or acting
pay eligibility.
Article X
OVERTIME/CALLBACK 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.
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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 his 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-hal for hours worked at this
event for which the City is reimbursed.
SECTION 2. Callback 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 callback
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 Ciiy 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 workweek is
not completed, but shall not apply to employees who are continuing on duty. All callback
assignments are subject to approval of the Department Head. Section 4 below denotes
compensation provided when an employee is eligible for callback pay and standby pay.
SECTION 3. Standbv Pa Employees assigned by Management to standby status after their
regular work hours will receive two (2) hours per day (Mondays through Fridays) of standby
pay at their straight time hourly rate or three (3) hours per day for Saturdays, Sundays, and
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. Callback Pav Plus Standb v. 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 two (2) hours per day
Mondays through Fridays) of standby pay at their straight time hourly rate or three (3) hours
per day for Saturdays, Sundays, and Holidays, plus straight time for each hour worked on
callback. All actual callback hours worked by an employee on standby shall count as time
worked toward the 40 hours for qualifying for straight time overtime.
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Article XI
HOLIDAYS
SECTION 1. Holida,si nation. Employees covered by this MOU shall receive the
following paid nine-hour holidays, except letters "I" and"K"below:
A. January lst(New Year's Day)
B. The third Monday in February(President's Day)
C. Last Monday in May(Memorial Day)
D. July 4' (Independence Day)
E. First Monday in September(Labor Day)
F. November 11' (Veteran's Day)
G. Fourth Thursday in November(Thanksgiving Day)
H. Fourth Friday in November(Day after Thanksgiving)
I. One-half day before Christmas, if December 24th falls on a Monday through
Thursday(Christmas Eve; 4.5 hours)
J. December 25' (Christmas Day)
K. A total of 18 hours of floating holiday time
SECTION 2. Floating Holida The 18-hour floating holiday provision will accrue at the
beginning of the pay period which includes January 1 S` of each year, and is required to be
utilized by December 315t of the year for which it was provided. Employees hired after
January ls` of each year shall receive a prorated portion of the 18 hours. Floating holiday
hours shall be taken at the convenience of the City with approval of the Department Head.
Employees who terminate employment with 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,
except one-half day before Christmas, fall on a Sunday, 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 one-half day before Christmas, 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 one-half day before
Christmas, 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 be forfeited.
SECTION 4. Eli igbilitytoReceiveHolidavPa 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 floating holiday and fixed holiday hours, according to
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the guidelines established in this Article and/or with approval of the Human Resources
Director.
SECTION 5. Holidav 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 sha11 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:
r
After Year(s)Vacation Hours After Year(s)Vacation Hours
of Service Per Year of Service 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 30 232
SECTION 2. Vacation Usage and Accumulation. Vacation shall be taken at the convenience
of the City with the approval of the Department Head or his 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 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 24-month period. All vacation hours in
excess of the equivalent number of hours earned in the immediately preceding 24-month
period not taken by the employee shall be forfeited. Probationary employees accrue vacation
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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.
SECTION 3. Vacation Conversion. Effective July 1, 2017, an employee may convert up to
50% of his current annual vacation accrual into cash in lieu of time off with pay during the
2017-2018 fiscal year. An employee requesting such a conversion may so convert twice
during the 2017-2018 fiscal year. Employees serving their initial probationary period shall not
be eligible for vacation conversion.
Effective July 1, 2018, an employee may convert up to 50% of his current annual vacation
accrual into cash in lieu of time off with pay during the 2018-2019 fiscal year. An employee
requesting such a conversion may so convert twice during the 2018-2019 fiscal year.
Employees serving their initial probationary period shall not be eligible for vacation
conversion.
Effective July 1, 2019, an employee may convert up to 50% of his current annual vacation
accrual into cash in lieu of time off with pay during the 2019-2020 fiscal year. An employee
requesting such a conversion may so convert twice during the 2019-2020 fiscal year.
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 1/12th 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 sha11 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. Re u ar art-time emplovees shall be those employees scheduled in the City's
budget to work 20 or more hours per week on a year-round basis (52 weeks
minus approved leave).
B. Temporar part-time employees shall be those employees scheduled in the City's
budget to work less than 20 hours per week on a year-round basis (52 weeks
minus approved leave).
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C. Seasonal employees shall be those employees who are scheduled in the City's
budget to work on less than a year-round basis regardless of hours worked.
SECTION 2. Regular Part-Time Emplovees.
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 norma140-hour
week on an annual basis. The annual schedule for a11 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 pro-ration 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, except those stated in Article XVIII, Section 4 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 a11 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 malce 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
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absence without pay except as denoted under the FCML 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
uayment of the total premium bv the emplovee 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, he 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 his employment with the City.
G. An employee on leave of absence must give the City at least seven (7) days'
written notice of his intent to return to work prior to returning to work.
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 a11
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
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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 Dutv and Services as Witness for the City.
A. Jury Dutv. When required to serve on a jury, all employees shall receive their
regular pay for up to 30 calendar days for each jury duty summons which an
employee responds to, provided all jury fees paid to the individual employee, less
allowed automobile expenses, are turned over to the City.
If an employee is required to ca11 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 his jury service, he must provide the Certificate of Jury Service to his
immediate supervisor to qualify for jury duty compensation.
B. Witness Service for the Citv. If an employee is called as a witness, on behalf of the
City, he shall receive his normal pay for the time spent by the employee serving as a
witness for the City. An employee shall be required to pay any witness fees that
accrue to the employee for his witness service to the City as a condition of receiving
his normal pay while serving as a witness for the City.
SECTION 3. Military Leave of Absence. If an employee is required to take military training
two weeks or more each year, he shall be entitled to military leave of absence under the
provisions of State law, found in applicable sections of the Military and Veterans' Code. An
employee must provide a copy of their military orders to the Human Resources Department to
qualify for a military leave of absence.
SECTION 4. Sick Leave. Sick leave with pay shall be allowed, credited, and accumulated in
accordance with the following:
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 their probation 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 ('/4) hour for each one-quarter ('/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 his designee; and/or
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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 ('/4)
hour, while additional actual absence of over one-quarter (1/4) hour shall be charged to
the nearest one-half('/z) 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. This maximum does not apply to employees hired before July 1,
1980.
H. Retirement from City Service and Entering the Public Employees' Retirement Svstem.
Upon retiring from CiTy service and entering the Public Employees' Retirement
System, an employee shall receive no pay for the first 60 days of accrued sick leave (0-
480 hours), but sha11 receive 25% pay for the first 30 days of accrued sick leave after
the first 60 days of accrued sick leave (481-720 hours), and 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 be contributed into the
employee's Retirement Health Savings Plan Trust account, in accordance with Article
XVI, Section 4,below.
I. Death of an Emplo, 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.
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J. Sick Leave Conversion.
1) Eligible employees with sick leave usage of 0.0 to 27.0 hours per payroll calendar
year will have the option to convert 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 27.25 to 36.0 hours per payroll calendar year
may convert 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 180 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. Familv Leave. In accordance with the California Family Sick Leave and Paid
Sick Leave Act, an employee is allowed up to 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 (under the same roo fl; and any
parent, substitute parent, parent-in-law, spouse, registered domestic partner, child, brother,
sister, grandchild or grandparent of the employee, 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
three (3) days of paid bereavement leave per incident under the following terms and
conditions:
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 (living at the same
address) and any parent, legal guardian, parent-in-law, brother-in-law, sister-in-
law, grandpazent, 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 three (3) working days
per incident and shall not be deducted from the employee's accumulated sick leave.
An employee on bereavement leave shall inform his immediate supervisor of the
fact and the reasons therefore as soon as possible. Failure to inform his immediate
supervisor, within a reasonable period of time, may be cause for denial of
bereavement leave with pay for the period of absence.
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SECTION 7. Workers' Comnensation. Employees who incur a work-related injury or illness
will be eligible to receive Workers' Compensation benefits according to the State of
California's Department of Workers' Compensation regulations and benefits provided
pursuant to this Memorandum of Understanding.
A. Temporary Disabilitv Leave. Unit employees shall be granted temporary disabiliTy leave
of up to 365 days in the event of a job related injury or illness. Temporary disability leave
in excess of 365 days will expire based on current State regulations. When a City
employee is entitled 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 30 days starting from the first day of
temporary disabiliTy. The employee will then receive 80% of salary for up to an additional
335 calendar days. Thereafter, the regular temporary disability Workers' Compensation
rate will apply.
B. Course of Employment• Should it be determined that an employee's illness or injury did
not arise in the course of the employee's employment with the City or that the employee is
not temporarily or permanently incapacitated or disabled as a result of the injury or illness,
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 pursuant to Section A above.
C. Phvsician Pre-Desi nagtion• An employee may elect to pre-designate a qualified medical
provider if done in accordance with the Division of Workers' Compensation(DWC). Pre-
designation regulations include but are not limited to the following criteria:
1) The physician has a previous history of directing the medical treatment of
the employee;
2) The physician retains the medical records and history of the employee; and
3) The physician agrees to treat work-related injuries or illnesses in
accordance with the regulations.
D. Fringe Benefits. The City will continue to provide vacation, sick leave, insurance, and
other fringe benefits for employees who qualify for workers' compensation. Any fringe
benefits not paid by the City pending the determination of whether an injury/illness is job-
related shall be paid retroactively if the injury/illness is subsequently determined to be job-
related. In such instances the employee shall be reimbursed for any benefit or premium
payments made by the employee prior to the job-related determination being finalized.
SECTION 8. Family Care and Medical Leave (FCML State and Federal 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
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8420178.1 OR020-069
Leave Act of 1993 (FMLA) and the regulations of the California Fair Employtnent and
Housing Commission implementing the California Family Rights Act (CFRA) (Government
Code Section 12945.2). Unless otherwise provided, "Leave" under this article sha11 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 12 workweeks of leave
during any 12-month period. An employee's entitlement to leave for the birth or
placement of a child for adoption or foster care expires 12 months after the birth or
placement.
B. Calculatin the 12-Month Period. The 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 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, he 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 his own serious health condition, in
addition to e austing accrued leave, the employee must also exhaust sick leave. The
exhaustion of accrued leave will run concurrently with the Family Care and Medical
Leave.
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 40 hours of administrative leave
each January lst. Employees hired after January lst shall receive a prorated portion of the 40
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.
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.
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SECTION 2. Selection and Fundine. 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. Chan 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 priar to
any change of insurance carrier or method of funding the coverage.
Article XVI
HEALTH BENEFITS
SECTION 1. Health Insurance. The City shall continue to contract with the Public
Employees' Retirement System (PERS) to make available those health insurance benefits
provided under the Public Employees'Medical and Hospital Care Act(PEMHCA).
A. Retiree Premium Contribution. The City shall contribute toward the payment of
premiums under the PERS Health Benefits Plan to each eligible retiree annuitant of
PERS, to the extent required by law, a contribution of$133.00 per month. Effective
January 1 each year, this contribution is expected to be adjusted annually by the
Ca1PERS Board of Administration to reflect any change in the medical care
component of the Consumer Price Index.
B. Flexible Benefits Plan. The City sha11 provide a Section 125 Flexible Benefits Plan for
active full-time and benefited part-time employees and pay the following amounts to
provide funds for optional dental insurance coverage, vision plans, health plans, or as
miscellaneous pay.
1 i i
Janu 1, 2017 1,460.00
Janu 1, 2018 1,535.00
Janu 1, 2019 1,610.00
C. Any amounts in excess of the amounts designed in Section 1(A) and 1(B) necessary to
maintain benefits under any benefits plans selected by the employee shall be borne by
the employee.
D. An employee cannot be enrolled in the PERS Health Benefits Plan if a spouse is
enrolled in the same agency or enrolled in an agency with PERS Health, unless the
employee(or the spouse) is enrolled without being covered as a family member.
E. 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
20
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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.
F. In the event that the employee loses eligibility(with documentation)then the employee
may re-enroll in the PERS Health Benefits Plan pursuant to their rules and regulations.
SECTION 2. Life Insurance. The City shall contribute the full premium toward a $50,000
life insurance policy for each benefited employee.
SECTION 3. Lon Term Disabilitv Insurance. The City shall provide a long-term disability
plan that pays 60% of salary after a 60-day elimination period, to a maximum of$5,000 per
month.
SECTION 4. Retirement Health Savin s Plan Trust. The City established and approved a
Retirement Health Savings Plan Trust 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:
1. 100% of eligible accrued Sick Leave cashout value upon retirement from City service
and entering the Public Employees' Retirement System in accordance with Article
XIV, Section 4(H).
Article XVII
EDUCATIONAL ASSISTANCE/WELLNESS PROGRAM
SECTION 1. Pro ram 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 his specific job, and must be approved by the Department Head and the Huxnan 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
1,250.00 in any one fiscal year and the individual must still be employed by the City when
the course is completed to qualify for reimbursement.
SECTION 3. Professional Development. The City agrees to allow reimbursement to
employees of up to $600.00 of the $1,250.00 allotted per fiscal year for activities that aid in
their professional development. Reimbursable activities include the following:
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8420178.1 OR020-069
1. Attendance at job-related professional conferences and seminars;
2. Payment of inembership dues in communiTy and professional organizations;
3. Purchase of job-related professional journals, books, and other written materials,
which further their knowledge and improve their effectiveness in 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 $1,250.00 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 gyxn 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. PERS Retirement Formula—Tier 1. Effective June 29, 2003, the City provided
the PERS 2.7% @ age 55 Retirement Program. This applies to all employees hired by the
City prior to January 1, 2013. This also applies to new employees who are considered
classic" members of Ca1PERS or current members of another California public retirement
system with Ca1PERS reciprocity who are hired on or after January 1, 2013. Employees do
not contribute any portion of their salary to PERS towards cost-sharing of the City's employer
22
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contribution rate. The City shall pay all remaining employer costs towards the Retirement
Program for employees covered herein.
SECTION 2. PERS Retirement Formula — Tier 2. Employees hired on or after January 1,
2013, who thereupon become new members in PERS, shall be subject to the 2.0% @ age 62
retirement program pursuant to the California Public Employees' Pension Reform Act of
2013 (PEPRA) and related statutory changes. In all respects, employees hired by the City on
and after January 1, 2013 sha11 be subject to the terms and requirements of PEPRA. New
PERS members shall pay 50% of the normal cost of retirement.
SECTION 3. PERS Member Contribution. All benefited employees shall participate in the
California Public Employees' Retirement System (Ca1PERS). Tier 1 employees shall pay
8.0% of reportable salary, on a pre-t basis, to PERS as their full member contribution.
Annual reports are available online from CalPERS showing the amount of contribution so
made.
SECTION 4. Part-Time Emplo, Part-time employees not covered under the Public
Employees' Retirement System sha11 participate in a defined contribution retirement plan in
lieu of Social Security contributions. The City shall contribute 3.75% of the employee's
eligible earnings towards the retirement plan. Part-time employees shall contribute 3.75% of
their eligible earnings toward the retirement plan.
SECTION 5. 1959 PERS Survivor Benefit. The City shall pay fees and provide the 1959
PERS Survivor Benefit at the Third Level Option.
Article XIX
MISCELLANEOUS PROVISIONS
SECTION 1. Rideshare Incentive Prog am. An employee may receive $30.00 per month and
eight (8) hours of compensatory time (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 70% of his 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, shall be reported to the Public Employees' Retirement
System: Equipment Maintenance Supervisor ($82.00); Parks Maintenance
Supervisor ($135.00), Public Works Maintenance Supervisor ($135.00), and Water
Maintenance Supervisor ($135.00) annually. However, this uniform allowance will
not be reported to Ca1PERS as pensionable compensation for "new members" hired
23
8420178.1 OR020-069
on or after January 1, 2013, as defined by the Public Employees' Pension Reform
Act of 2013 (PEPRA).
B. All uniforms and/or safety equipment purchased by the City shall remain the
property of the City.
C. Clothin Reimbursement Allowance.
1) Allowance. The City sha11 contribute up to $150.00 per employee toward a
clothing reimbursement allowance per fiscal year. This allowance applies
only toward Field Maintenance Supervisors assigned in the Water Division
of the Public Works Department. This $150.00 annual clothing
reimbursement is PERS-reportable. However, this clothing reimbursement
allowance will not be reported to Ca1PERS 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).
2) Reimbursement Request. Employees may submit a request for
reimbursement once per fiscal year.
3) Clothin. 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. Workshoe Stipend. Employees in the following classifications may be required
to wear safety shoes with steel toes while on duty and shall receive a workshoe 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 ar hired by the City following the first
pay period of the fiscal year will receive a pro-rated, 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 work site will be made on a regular basis
to ascertain compliance with the safety shoe program.
24
8420178.1 OR020-069
SECTION 4. E lass Replacement. The City will pay for replacement of employee's
eyeglass that are lost or damaged in the course of his 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 fiscal year with such vendor in order to replace
and maintain the tools necessary for the performance of his 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 his return,
the City Manager may authorize advance payment of the estimated amount of the travel
expense to the employee.
A. Coach class airplane passage 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 his personal car, he 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 Char Air, rail, or public transportation used
and expenses for local transportation, such as taxicabs and bus fare, will be allowed whenever
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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.
B. Telephone and fax charges will be allowed for official calls and transmissions.
C. Expenses for meals will be reimbursed according to Finance Administrative Policy
Number 4.13.
Article XXI
SAFETY AND HEALTH
The City and the employees of the City agree to comply with all applicable Federal, State and
City laws, codes, and policies that relate to health and safety. In addition, the City and OMA
agree to actively pursue the continuation of safe working procedures and environments.
Article XXII
CITY RIGHTS
SECTION 1. The City reserves, retains, and is vested with, solely and exclusively, all rights
of Management which have not been expressly abridged by specific provisions of this MOU
or by law to manage the City, as such rights existed prior to the execution of this MOU. The
sole and exclusive rights of Management, as they are not abridged by this MOU or by law,
shall include, but not be limited to,the following rights:
A. To manage the City generally and to determine the issues of policy.
B. To deterxnine 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
work force by which the City operations are to be conducted.
26
8420178.1 OR020-069
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.
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
classifications to be assigned to the bargaining unit.
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 and promulgate and/or modify rules and regulations to maintain order and
safety in the City which are not in contravention with this MOU.
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 on a significant number of employees of the bargaining unit,
the City agrees to meet and confer in good faith with representatives of 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.
27
8420178.1 OR020-069
Article XXIII
EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES
SECTION 1. Dues Deductions/A,genc,Sho The City shall deduct for dues and OMA
benefits on a bi-weekly basis from the pay of all employees in the classifications and positions
recognized to be represented by OMA. OMA is an Agency Shop association. This means
each employee must either be a dues paying member of the association, or, in lieu of
membership, pay a service fee to the association as the exclusive representative of his
position, or, if he qualifies, may designate a certain non-profit agency to which he will pay an
equivalent amount. Adherence to the Agency Shop provision is a condition of employment.
The City shall remit such funds to the Association within ten (10) days following their
deduction. Such deductions shall be on forms provided by and in a manner prescribed by the
Payroll Division of the Ciiy.
SECTION 2. Indemnification. OMA agrees to hold the CiTy harmless and indemnify the City
against claims, causes of actions, or lawsuits arising out of the deductions or transmittal of
such funds to OMA except the intentional failure of the City to transmit to OMA 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 his 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 OMA in presenting a grievance at any level of review or may represent himself.
SECTION 4. Informal Grievance Process. An employee must first attempt to resolve a
grievance on an informal basis by discussion with his immediate supervisor without undue
28
8420178.1 OR020-069
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
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, Ci_ 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 his duly authorized representative, for determination.
Failure of the grievant to take this action will constitute a waiver and bar to the grievance, and
the grievance will be considered settled on the basis of the last Management grievance
response. The City Manager, or his 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. Disciplinai;y 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
29
8420178.1 OR020-069
denial of inerit 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 Huxnan Resources Director.
SECTION 2. Formal Disciplinar ppeals 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 his designee, as long as such 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 his
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 the City Manager may be either in the
form of a written appeal or an oral presentation. Termination, suspensions without pay in
excess of 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 Pav In Excess of 80
Hours, or Non-Probationary Demotion - Advisory Hearing Officer. A non-probationary
employee may request a full evidentiary hearing within 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 15-day
period. Requests for extensions to file a written response must be made within the 15-day
period. If a hearing is requested to challenge the imposition of termination, suspension
without pay in excess of 80 hours, or non-probationary demotion, a full evidentiary hearing
shall be held by the City Manager or his 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.
30
8420178.1 OR020-069
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 Off'icer is remitted to the City Manager for final
disposition.
C. The City Manager, or his 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 Conduct. OMA, its officers, agents, representatives and/or members
agree that during the term of this MOU, they will not cause or condone any strike, walkout,
slowdown, sick-out, or any other job action by withholding or refusing to perform services.
SECTION 2. The City agrees that it shall not lock out its employees during the term of this
MOU.
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 below in Section SA,
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. OMA Responsibilitv.
A. In the event that OMA, its officers, agents, representatives, or members engage in any
of the conduct prohibited in Section 1 above, OMA or its duly authorized
representatives sha11 immediately instruct any persons engaging in such conduct that
31
8420178.1 OR020-069
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 OMA performs all of the responsibilities set forth in paragraph (A) above, its
o cers, 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
OMA REPRESENTATIVES
This article is intentionally left blank to standardize the sequence among other CiTy of Orange
MOU's.
Article XXVIII
LAYOFFPROCEDURE
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.
SECTION 2. Scope. All OMA employees are subject to reduction in force at the direction of
the City Manager.
SECTION 3. Policv. 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, 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);
32
8420178.1 OR020-069
5) Regular full-time employees (40 hours).
For purposes of this procedure,the Water Division will be considered a department.
B. La•
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 inerit increases;
b) Suspension without pay;
c) Extensions of probationary periods;
d) Disciplinary demotions to lower level positions;
e) Disciplinary reductions in pay; and
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)yeazs.
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.
4) Prior to the establishxnent 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 his position on the list, he 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 his designee shall
establish the "Final Order of Layoff' list. The decision of the Human
33
8420178.1 OR020-069
Resources Director or his designee shall be final and not subject to the
grievance process or further appeal.
C. Written Notice.
Employees to be laid off sha11 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 Lavoff.
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.
E. Re-emplovment Lists.
1) Regular employees in good standing who aze 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 ha e vacancies the City desires to fill will give
priority consideration to those employees whose names appear on the re-
34
8420178.1 OR020-069
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 characteristics), 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
SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING
SECTION 1. It is the intent of the parties hereto that the provisions of this MOU shall
supersede all prior agreements and memorandums of agreement, letters of understanding, or
memorandums of understanding, or contrary salary and/or personnel resolutions or
Administrative Codes, provisions of the City, oral and written, expressed or implied, between
the parties, and shall govern the entire relationship and shall be the sole source of any and all
rights which may be asserted hereunder. This MOU is not intended to conflict with Federal or
State law.
Article XXX
WAIVER OF BARGAINING DURING THE
TERM OF THIS MEMORANDUM OF UNDERSTANDING
SECTION 1. 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 to this Memorandum.
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
Memorandum.
35
8420178.1 OR020-069
Article XXXI
EMERGENCY WAIVER PROVISION
SECTION 1. 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. OMA 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
MOU TERMS SEVERABLE
SECTION 1. 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
The term of this MOU shall commence on July 1, 2017 and shall continue in full force and
effect until December 31, 2019.
36
8420178.1 OR020-069
Article XXXIV
RATIFICATION AND EXECUTION
The City and OMA 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 13th day of February, 2018.
CITY OF ORANGE ORANGE MANAGEMENT
ASSOCIATION
By: t?.- B X
Teresa E. Smith,Mayor Mark Winters, OMA President
By: if- l,u
Angela Scherer, OMA Board Member
By:
Lisa Cam Ili, OMA Board Member
B •
Ken Eckm ,OMA Board Member
By: / ,,,._ -
Tom Taulbee,OMA Board Member
APPROVED AS TO FORM:
aura J. Ka1ty
Special Counsel for the City
37
8420178.1 OR020-069
APPENDIX "A"
ORANGE MANAGEMENT ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE JULY 24,2016
1.5%Across the Board Salary Increase
STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANGE A B C D E F
Building Inspection Supervisor 568 6061 6370 6695 7036 7395 7772
Code Compliance Supervisor g68 6061 6370 6695 7036 7395 7772
Construction Inspection Supervisor gg 5737 6030 6338 6661 7000 7357
Development Project Manager 569 6091 6402 6728 7072 7432 7811
Environmental Program Manager 621 7895 8298 8720 9165 9633 10124
Equipment Maintenance Supervisor g67 6031 6338 6662 7001 7358 7734
Facilities Maintenance Supervisor Sg 5737 6030 6338 6661 7000 7357
Historic Preservation Planner 592 6831 7181 7545 7931 8336 8760
Landscape Coordinator 569 6091 6402 6728 7072 7432 7811
Legal Secretary g03 4383 4606 4841 5088 5348 5620
Library ManagerI g 2 6183 6498 6830 7178 7544 7929
Library Manager II 482 6499 6831 7179 7545 7930 8335
Library Tech& Support Services Mgr.g82 6499 6831 7179 7545 7930 8335
Parks Maintenance Supervisor gg 5737 6030 6338 6661 7000 7357
Payroll Specialist* 536 5167 5430 5707 5998 6304 6626
Project Development Coordinator 569 6091 6402 6728 7072 7432 7811
Public Works Maintenance Supervisor gg 5737 6030 6338 6661 7000 7357
RealProperty Agent g92 6831 7181 7545 7931 8336 8760
Recreation Services Supervisor 562 5882 6182 6498 6829 7177 7543
Senior Accountant 560 5824 6121 6433 6761 7106 7468
Senior Buyer 544 5377 5651 5940 6243 6561 6896
Senior Civil Engineer 621 7895 8298 8720 9165 9633 10124
Senior Fire Inspection Specialist g g 6371 6696 7037 7396 7773 8170
Senior Landscape Coordinator ggq 6730 7074 7433 7813 8212 8630
Senior Plan Check Engineer g92 6831 7181 7545 7931 8336 8760
Senior Planner 592 6831 7181 7545 7931 8336 8760
Senior Water Quality Inspector sg 5737 6030 6338 6661 7000 7357
Traffic Operations Superintendent 5 6339 6663 7002 7359 7735 8129
Tree Services Coordinator 447 5458 5737 6029 6337 6660 7000
Water Maintenance Supervisor Sg 5737 6030 6338 6661 7000 7357
Water Quality Inspector g37 5193 5458 5736 6028 6336 6659
Note: the classification of Payroll Specialist was established effective June 26, 2016 pursuant to City
Council 2016/17 budget adoption and Resolution No. 10947.
38
8420178.1 OR020-069
APPENDIX "B"
ORANGE MANAGEMENT ASSOCIATION
SCHEDULE OF LUMP SUM PAYMENTS
Lump Suffi Payment
bTpon Counci
Class catios'itle Ap,rav fi 3u y'?018 July?fl9
Building Inspectioai Supenisos 1;865 8 1,865.28 932.6 4
Code C ompliance Supen7sos 1,865:?$ 1;565?8 q32.64
Consmicti inspection Supe isor 1,765_68 1,765_6F 8$2.4
Devel pffient Froject l 4aYaager 1,57.6 1,74_64 93732
Environmental Pro,am I anager 429.76 2,429.36 1,214.88
Ec n ipme t 1'I aintenaaace Supenrisor 1t85b.16 1,856_16 928.08
Facilities 1'iainteaaaice Sup rwisor 1,765.68 1,%5_68 882.8
Histosic Preservation Plauner 2,102.40 2,b02_40 1,051_20
Landscape Coordinator 1,87.64 1,874_54 93732
Le al Secretary 1,34$.80 1,348_84 674_40
Librasy h'I ger I L902.96 1,9fl296 951_8
Y,ibraa}T lMan ager II 2,10.40 000_40 Il,00{D_2
Libraff_y Tech&Support Senices 11+Ygr. 000.40 2,000_40 fl,00m_20
Parks Tivgain enaa Supenrisor 1,76.68 1,65_68 8S2_4
Pa,yroll Specialast 1,544?4 1,90 24 795_1?
Project Developffient Coosdivator 1;74_64 1,874.b4 937.32
Public Works 11 aintenance SupenTisor 1,765.68 1,7b5.68 882.8
RealPropertyAgenS 102.40 2,1{D?_40 0 12
Recreation Servnces Supera 7sor 1,810.32 1,81038 905.1b
Senior Acc4untant 1,792.32 1,79?.32 896.16
Se,nior Biryer 1,65.Q4 1,655.04 827.52
S nior Civil Engineer 429.76 429_7 fl,?4.88
Seniar Fire I spectinn S ecnaflist 1,960_80 1;960_80 98.4fl
Senior Laudsza e Coordinator 71'4 2,1?0 fl,435_6U
Senior P1aIIa Chec En anees 8,102.40 2,1 2.40 fl,051.20
Senior Pl:aaner 102.40 10?.40 fl,051.20
Senior ilater Quali r I aspec4or 1,65_68 1,?65_b8 8 2_
Traffic Op rat ns Superintendent 1;95Q.96 1,950.96 475.48
Tree Seav ices Conrdinator SOAU 1,680.5 0 840.0
tiVaterMaint nanceSa pen7s r 1_765.68 1,T65_68 88.84
ater(haality Inspector 1,59$.16 1,598_16 799.08
39
8420178.1 OR020-069