RES-10970 Memorandum For Municipal EmployeesRESOLUTION NO. 10970
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF ORANGE AND THE ORANGE
MUNICIPAL EMPLOYEES' ASSOCIATION
OMEA) CONCERNING WAGES, HOURS, AND
OTHER CONDITIONS OF EMPLOYMENT
EFFECTIVE JULY 1, 2015 THROUGH AND
INCLUDING JUNE 30, 2017 AND REPEALING
RESOLUTION NO. 10763 AND AMENDMENTS
THERETO FOR SAID EMPLOYEES.
WHEREAS, the City of Orange, hereinafter referred to as "City," and the Professional,
Technical and Clerical Unit, represented by Orange Municipal Employees' Association,
hereinafter referred to as "OMEA," have met and conferred in accordance with requirements
of the Meyers - Milias -Brown Act; and
WHEREAS, the City and OMEA have reached agreement on wages, hours, and other
conditions of employment effective July 1, 2015 through and including June 30, 2017 and the
City Council desires to repeal Resolution No. 10763 and amendments thereto for said
employees, as set forth in the Memorandum of Understanding; and
WHEREAS, on February 9, 2016 and May 10, 2016, the City Council of the City of
Orange adopted Resolution Numbers. 10924 and 10924A, Resolutions of the City Council of
the City of Orange Establishing and Amending a Letter of Understanding Between the City of
Orange and the Orange Municipal Employees' Association Effective July 1, 2015 through
June 30, 2017; and
WHEREAS, the City 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No. 10763 be repealed in its entirety.
Resolution No. 10970
ADOPTED this 13th day of September, 2016.
C - / t- g G) - 4
Teresa . Smith, Mayor, City of Orange
ATTEST:
uG '
Mary City Clerk, Cit o OrangeE
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
I, MARY E. MURPHY, 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 13 day of September, 2016, by
the following vote:
AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy, Nichols
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Mary E. y, City Cler , of Orange
Resolution No. 10970 2
Exhibit " A "
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORANGE AND THE
ORANGE MUNICIPAL EMPLOYEES'
ASSOCIATION
JULY 1 2015 THROUGH JUNE 30 2017
7888859.3 OR020 -059
ORANGE MUNICIPAL EMPLOYEES ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
Article No.Article Title Paze No.
I Recognition I
II Non - Discrimination I
III Salaries I
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, Special Assignments,
Certification Bonuses, Performance Evaluations
IV Work Week 6
V Probation 6
VI Promotion 7
VII Demotion 7
VIII Reassignment of Compensation Ranges 8
IX Working Out of Class 8
X Overtime /Compensatory Time/9
Call Back Compensation
XI Holidays 10
XII Vacation 12
XIII Part-Time and Temporary Employee 13
Eligibility for Fringe Benefits
XIV Leaves of Absence 13
Leave of Absence without Pay, Jury Duty and
Witness Services, Military Leave, Sick Leave,
Family Leave, Bereavement Leave, Workers' Compensation,
Family Care & Medical Leave
XV Fringe Benefit Administration 19
7888859.3 OR020 -059
Article No.Article Title Page No.
XVI Health Benefits 19
Health Insurance, Life Insurance, Disability Insurance,
Retirement Health Savings Plan Trust
XVII Educational Assistance Program 21
XVIII Retirement 22
XIX Miscellaneous Provisions 23
Rideshare Incentive, Uniforms, Safety Shoes, Rest Breaks,
Direct Deposit
XX Travel Expense Allowed 24
XXI Safety and Health 25
XXII City Rights 25
XXIII Employee Organizational Rights and 27
Responsibilities
XXIV Grievance Procedure 27
XXV Disciplinary Appeals Procedure 28
XXVI No Strike -No Lockout 30
XXVII OMEA Representatives 30
XXVIII Layoff Procedure 31
XXIX Sole and Entire Memorandum of Understanding 33
XXX Waiver of Bargaining During the Term of this MOU 34
XXXI Emergency Waiver Provision 34
XXXII MOU Terms Severable 34
XXXIII Term of Memorandum of Understanding,35
No Layoff Clause, and Relationship with Other Bargaining Units
XXXIV Ratification and Execution 35
Appendix "A"Monthly Salary Ranges 36
7888859.3 OR020 -059 ii
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 meeting 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 Municipal Employees' Association (hereinafter referred to as "OMEA ") as the majority
representative of the Professional, Technical and Clerical bargaining unit.
Article II
NON - DISCRIMINATION
SECTION 1. The parties mutually recognize and agree to protect the rights of all employees hereby to
join and /or participate in protected OMEA 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. sea.
SECTION 2. The City and OMEA agree that they shall 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, citzenship, 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 OMEA 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 the OMEA unit 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.
7888859.3 OR020 -059
SECTION 2. Salary Schedule. Salaries effective January 24, 2016 and July 24, 2016 for employees
covered by this MOU are listed in Appendix "A ". The salary and wage schedules listed in Appendix
A" of this MOU constitute the basic monthly compensation plan based on a forty -hour workweek.
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 respective ranges shall be identified by number and the steps
by the letters "A" to "F" inclusive. The minimum length of service required for advancement to the next
higher step, is described in Section 6 hereof.
SECTION 3. Hourly Rate Part-Time Employees.
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 1 /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 -forty hours (1,040 hours) of regular
part-time employment shall equal six (6) months' service.
SECTION 4. Be ig_nning Rates. 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 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 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
upon completion of the minimum length of service as specified in Section 6(A)(3) below.
Advancement through the salary range may be granted only for continuous, meritorious, and
efficient service by the employee in the effective performance of the duties of his position. A
7888859.3 OR020 -059
2
merit increase shall become effective the first day of the pay period following completion of the
length of service required for such advancement and shall require the following:
1) The head of the department in 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) Advancement through the pay range Step "A" through Step "F" shall occur in yearly
increments.
B. Special Merit Advancement. When an employee demonstrates exceptional ability and
proficiency in the performance of his duties, his Department Head may recommend to the Human
Resources Director that said employee be advanced to a higher pay step without regard to the
minimum length of service provisions contained in this MOU. The Human Resources Director
may, on the basis of a Department Head's recommendation, approve and effect such
advancement.
C. Length of Service Required When Advancement is Denied. When an employee 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 shall follow the same steps and shall
be subject to the same action as provided in the Section 6(A).
D. Flexible Staffing. The City shall implement a system of flexible staffing for certain positions in
this Association. Employees in the classifications of Building Inspector, Construction Inspector
I, Engineering Technician I, Finance Clerk, Assistant Engineer, Assistant Planner, Librarian I,
and Traffic Signal Technician I are eligible for the classification of Combination Building
Inspector, Construction Inspector II, Engineering Technician II, Senior Finance Clerk, Associate
Civil Engineer, Associate Planner, Librarian II, and Traffic Signal Technician II respectively. To
qualify for the higher -level position the employee must be performing at a competent level and
have gained the experience and knowledge to perform the full range of journey level tasks and
fulfilling any special requirements based on the judgment of the applicable Department Head
with final approval of the Human Resources Director.
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:
7888859.3 OR020 -059
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 shall be required to perform a Bilingual Assignment on a regular basis or employ
bilingual skills on a regular basis who is not receiving bilingual pay pursuant to this section; and
F. Such employees on Bilingual Assignment shall receive $140.00 per month in addition to their
regular salary for the duration of the assignment.
SECTION 9. Shift Differential.
A. All Recreation Services Coordinators, regular full -time library personnel and all part-time
library personnel budgeted to work 20 hours or more per week on a fiscal year basis herein
who are regularly assigned on a weekly basis, to a shift working after 6:00 p.m. and /or who
work on a Saturday, Sunday, or Holiday, shall be eligible to receive an additional $3.00 per
hour for all shift hours worked (i.e., only those hours worked after 6:00 p.m., as well as all
hours on Saturdays, Sundays, and Holidays).
In no event shall the provisions described within this section apply to any personnel who are
holding over, extending, or filling in on an overtime basis their regular work shift. Whenever
two or more rates may appear applicable to the same hour or hours worked by any employee,
there shall be no pyramiding or adding together of such rates and only the higher applicable
rate shall apply.
B. Split Shift Differential. Where management asks an employee to leave their regular shift early
and return to work at a later time, the City will provide an additional $1.00 per hour, for
benefited Library employees only, for each hour worked on their "second" shift.
C. Code Compliance Officer and Environmental Compliance Specialist Shift Pay. Code
Compliance Officers and Environmental Compliance Specialists who are regularly assigned on
a weekly basis to work on Saturdays shall be eligible to receive an additional $3.00 per hour
for all hours worked on Saturdays in addition to regular salary.
7888859.3 OR020 -059
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SECTION 10. Special Assignments.
A. Shorthand Skills Assignment. Employees who are employed in the classification of
Administrative Assistant and who are assigned to a position requiring shorthand skills may
receive $50.00 per month shorthand bonus based on criteria established by the Human
Resources Director. Effective November 6, 2011, this bonus pay will be eliminated for any
employees not receiving this compensation as of November 6, 2011.
B. Library Site Supervisor Assignment. Employees classified as Librarian I or Librarian II may
be assigned as the "Site Supervisor" by the Department Head or his designee. Such
employees, for the period of such assignment, shall be paid an additional 10% on top of their
current salary. This form of compensation, also referred to as "Lead Worker /Supervisor
Premium" 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).
SECTION 11. Certification Bonuses.
A. State of California Department of Health Services Water Distribution Operator
Certification:
i. Employees classified as Construction Inspector or Engineering Technician who
possess a Grade I Water Distribution Certificate (D -1) shall receive a flat
75.00 per month bonus.
ii. Employees classified as Construction Inspector or Engineering Technician who
possess a Grade II Water Distribution Certificate (D -2) shall receive a flat
100.00 per month bonus.
iii. Employees classified as Assistant Engineer, Associate Civil Engineer,
Construction Inspector, Engineering Technician, or Project Engineer assigned to
the Water Division who possess a Grade III Water Distribution Certificate (D -3)
shall receive a flat $150.00 per month bonus.
B. California Water Environmental Association (CWEA) Sanitation Certification:
i. Employees classified as Environmental Compliance Specialist who possess a
CWEA Grade I Sanitation Certificate shall receive a flat $75.00 per month
bonus.
ii. Employees classified as Environmental Scientist who possess a CWEA Grade
III Sanitation Certificate shall receive a flat $100.00 per month bonus.
C. An employee who possesses two (2) or more of the above certifications is eligible to
receive only the highest grade- certificate bonus. There shall be no pyramiding of
certificate bonuses.
D. The above forms of compensation, also referred to as "Educational Incentive Pay" shall
continue to be reported to CalPERS as special compensation and therefore compensation
eamable pursuant to California Public Employees' Retirement System (PERS)
Regulations, Section 571(a)(2).
7888859.3 OR020 -059
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SECTION 12. Performance Evaluations. The City shall maintain an employee performance rating
system designed to give a fair evaluation of the quantity and quality of work performed by an employee.
A. Performance evaluation reports shall be prepared and recorded in the employee's personnel file
for all regular full -time and regular part-time employees as follows:
1) For probationary employees, at mid -point and upon completion of a probationary period.
2) For non - probationary employees, upon completion of the next step and annually thereafter.
B. Prior to the performance evaluation report becoming part of the employee's personnel file, the
supervisor and the employee must review the evaluation.
C. When a performance evaluation is recorded in the employee's personnel file a copy of the
evaluation shall be given to the employee.
D. The performance evaluation shall be considered a confidential City record and the information
shall not be disclosed except on a need -to -know basis as determined by management.
E. Any disputes as to the contents of the evaluation shall first be discussed with the employee's
immediate supervisor and may be appealed through the appropriate chain of command up to the
Department Head whose decision will be final and binding.
Article IV
WORK WEEK
SECTION 1. The regular workweek for all employees shall be 40 hours per week.
Article V
PROBATION
SECTION 1. Initial Hires. An employee initially appointed to a class shall serve a probationary period
of 26 pay periods during which time he shall have an opportunity to demonstrate suitability for the job.
Under certain conditions, with approval of the Human Resources Director, the Department Head may,
for just cause, extend the probationary period up to a maximum of an additional 13 consecutive pay
periods. The employee shall attain regular status in the class upon successful completion of the
probationary period or any extension of the probationary period. An initially appointed probationary
employee shall not be entitled to appeal termination.
SECTION 2. Promotions. An employee promoted to a class shall serve a probationary period of 26
consecutive pay periods during which time he shall have an opportunity to demonstrate suitability for the
job. Under certain conditions, with the approval of the City Manager, the Department Head may extend
7888859.3 OR020 -059
6
the probationary period up to a maximum of an additional 13 consecutive pay periods. An 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 procedures shall be initiated. An employee
rejected or laid off during the probationary period from a position to which he has been promoted shall
be returned to the classification in which he had regular status unless the reasons for his failure to
complete his probationary period would be cause for dismissal.
SECTION 3. Promotional and Competitive Exams Probationary employees are not entitled to
compete for a closed /promotional recruitment /selection 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.
However, if such employee is already being paid at a rate equal to or higher than Step "A," he may 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. Eliszibiliiy 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 the reasons for his non - selection.
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; and
B. The new salary rate must be within the salary range for the classification to which demoted.
7888859.3 OR020 -059
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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 retain the same salary in the new range as he previously held in the prior range, and shall
retain credit for length of service acquired in the previously held step toward advancement to the next
higher step in the new salary range; 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 the salary range of any classification, but shall not be able to
increase the range when any position is vacant.
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, or terminations.
SECTION 3. Acting Time Pay.
A. An employee shall receive acting time pay at the "A" Step of the higher class, or 5% above
the employee's regular salary, whichever is greater, for work performed within the higher
classification on the l I consecutive day of working 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.
7888859.3 OR020 -059
8
C. To qualify for working out of class pay, the employee must be performing all the significant
duties of the higher position.
SECTION 4. Eligibility Period. 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 for acting pay eligibility.
Article X
OVERTIME /COMPENSATORY TIME /CALL BACK COMPENSATION
SECTION 1. Entitlement to Overtime.
A. Compensatory Time. An employee covered by this MOU having an average workweek of
forty hours shall be entitled to compensatory time for all hours worked in excess of 40 hours
within the employee's workweek. Compensatory time shall be accumulated at the rate of
one - quarter ( hour of compensatory time for each one - quarter ( hour of overtime
worked.
B. Premium (Time And One -Half) Overtime. Only time actually worked (i.e., not holiday,
vacation, sick leave, or compensatory time) over 40 hours in an FLSA work period shall be
paid at the premium (time and one -half) rate either in the form of pay or compensatory time.
C. Paid Leave Hours During Holiday Closure. In the event of a City Hall holiday closure
during the Christmas/New Year's Holiday), any paid leave hours (i.e., vacation,
compensatory time, or sick leave) used during the holiday closure shall count as hours
worked for purposes of calculating whether an employee has worked in excess of 40 hours
within the employee's regular workweek, and for purposes of determining whether the
employee will be paid premium (time and one -half) overtime. This shall be an exception
related to an employee's entitlement to Premium Overtime, as defined in Section 1.B., above.
SECTION 2. Compensatory Time Accumulation. Compensatory time shall be accumulated to the
nearest one - quarter ( hour increment. Where an employee works less than one - quarter ( hour per
day of overtime, the employee shall not receive compensatory time, and such time shall not count toward
the computation of overtime.
SECTION 3. Eligibility. In order to be entitled to compensatory time, such compensatory time must be
authorized by the Department Head or his authorized agent.
SECTION 4. Maximum Compensatory Time Accrual. Any accumulated compensatory time accrued in
excess of 80 hours per calendar year shall be automatically paid on the first pay period of the new
calendar year.
7888859.3 OR020 -059
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SECTION 5. Use Of Compensatory Time.
A. Payment of Compensatory Time. Overtime shall be paid at the regular rate of pay or equal time
off, when authorized by the Department Head and approved by the City Manager.
B. Payment Upon Termination. Employees shall be entitled to receive payment for all accumulated
compensatory time upon their termination.
C. Employees may convert accumulated compensatory time to cash.
SECTION 6. Callback Compensation. If employees are required to report back to work after
completing a normal work shift and have left the City premises and /or work location, they shall be
compensated in cash or as compensatory time off at the straight time rate for actual hours of work with a
minimum of three (3) hours call back compensation, regardless of whether the employee works less than
three (3) hours. This provision shall not apply to employees who are continuing on duty. All actual time
worked during a callback shall count as time worked toward the 40 hours for qualifying for premium
time and one -half) overtime under FLSA. Section 8 below denotes compensation provided when an
employee is eligible for callback pay and standby pay
SECTION 7. Standby Pqv. 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.
SECTION 8. Callback Pay plus Standby Pay. Employees who are called back to work pursuant to
Section 6 above, and who are assigned by Management to standby status after their regular work hours
pursuant to Section 7 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 call back. All actual callback hours worked by an employee
on stand -by shall count as time worked toward the 40 hours for qualifying for premium (time and one-
half) overtime under FLSA.
SECTION 9. Training Time. Employees who attend City- required training on a regularly scheduled day
off including a 9/80 Friday shall receive straight time compensatory time on an hour for hour basis on
time spent actually attending said training, unless this training time along with other actual hours worked
exceeds forty (40) hours in an FLSA workweek, in which case such time would qualify for premium
time and one -half) overtime under FLSA. Travel time outside of an employee's regular work schedule
in conjunction with training does not count toward FLSA overtime under this provision.
Article XI
HOLIDAYS
SECTION 1. Holiday Designation. tion. Employees covered by this MOU shall receive the following paid nine-
hour holidays, except letter "I" below:
7888859.3 OR020 -059
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A. January 1 St (New Year's Day)
B. The third Monday in February (President's Day)
C. Last Monday in May (Memorial Day)
D. July 4th (Independence Day)
E. First Monday in September (Labor Day)
F. November l Ith (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 24
Christmas Eve; 4.5 hours)
J. December 25 (Christmas Day)
K. A total of 9 hours of floating holiday time
falls on a Monday through Thursday
SECTION 2. Floating Holiday. Effective January 1S of each year, employees will have credited one
nine (9) hour floating holiday during the course of this MOU which shall be taken as time off from work
during the calendar year in which the floating holiday was earned. Employees hired after January 1 of
each year shall receive a prorated portion of the 9 hours. The floating holiday shall be taken at the
convenience of the City with approval of the Department Head or his duly authorized agent. The
floating holiday is not cumulative and shall be forfeited should it not be taken during the calendar year it
was earned. Employees under this section who terminate their employment with the City prior to using
the floating holiday shall receive cash reimbursement for said holiday.
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 fall 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.
Except that, when any of the above holidays falls on an employee's regularly scheduled day off, 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 30 of the same
fiscal year in which it was accumulated or be forfeited.
SECTION 4. Eli ig bility to Receive Holiday Pay In order to be eligible to receive holiday pay, an
employee must have worked, or be deemed to have worked because of an approved absence (e.g., sick
leave, vacation, or compensatory time), 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, or if the employee is on an approved leave of absence without pay, the
employee shall not be entitled to holiday pay. Probationary employees are provided with and are eligible
to use floating holiday hours, according to the guidelines established in this Article, and /or with approval
of the Human Resources Director.
SECTION 5. Holiday During Vacation. Should one of the holidays listed above fall during an
employee's vacation period while an employee is lawfully absent with pay, the employee shall receive
holiday pay and no charge shall be made against the employee's accumulated vacation.
SECTION 6. Double Time Pay. All employees required to work on a holiday listed above shall receive,
with the approval of their supervisor, double time pay for hours worked on the holiday, or time off equal
7888859.3 OR020 -059
to the number of hours the employee actually worked on the holiday. Employees who work in excess of
their regular number of hours on a holiday listed above, shall receive double time pay for all such hours
actually worked. Employees shall receive no other compensation whatsoever for working on a holiday.
Article XII
VACATION
SECTION 1. Vacation Accrual. All full -time, regular employees who have one (1) year's continuous
service shall thereafter be entitled to a vacation as follows:
After Year(s)Vacation Hours
of service Per Year
1 through 4 80
5 through 10 120
11 128
12 136
13 144
14 152
15 through 24 160
25 or more 200
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. Accrual of vacation hours shall
cease if the accumulated vacation hours exceed equivalent number of hours earned in the immediately
preceding 24 -month period. Vacation accruals will resume once the employee's accumulated vacation
balance falls below the allowable limit. Probationary employees accrue vacation, but may not use
vacation until successful completion of an initial probation period, except in the event of a City Hall
holiday closure, with approval of the Human Resources Director.
SECTION 3. Vacation Conversion. An employee may convert up to 33% of his current annual vacation
accrual into pay in lieu of time off with pay on an annual basis for the 2015 /16 and 2016/17 fiscal years.
An employee requesting such a conversion must meet the eligibility requirements as set forth in Section
1 and may so convert once in each of the noted fiscal years.
SECTION 4. Vacation Pay -Out upon Termination. Eligible full -time and part-time employees who
terminate their employment with the City shall be paid for all accrued vacation, if any, and the prorated
portion of their final accrual. Prorated vacation shall be on the basis of one - twelfth (1/12) of the
employee's annual vacation pay for each full month of service.
7888859.3 OR020 -059
12
Article XIII
PART -TIME AND TEMPORARY EMPLOYEE ELIGIBILITY FOR FRINGE BENEFITS
SECTION 1. Definitions. Nothing contained herein shall guarantee to any employee a specified number
of hours per day or days per week or weeks per month or months per year of work.
A. Regular part-time employees 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. Temporaa part-time employ shall be those employees scheduled in the budget to work less
than 20 hours per week on a year -round basis (52 weeks minus approved leave).
C. Seasonal employ shall be those employees who are scheduled in the budget to work on less
than a year -round basis regardless of hours worked.
SECTION 2. Entitlement to Fringe Benefits Based Upon Pro - Ration of Hours Regular part-time
employees shall receive fringe benefits in proportion to the number of hours an employee is scheduled in
the budget to work to the normal 40 -hour week on an annual basis.
The annual schedule for all part-time employees shall be on the City's position control and approved in
the City's approved budget. This formula of pro- ration shall apply to holiday pay, vacation, sick leave,
medical insurance contribution, disability insurance contribution, and retirement contribution.
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 provided by Federal and /or State
law.
Article XIV
LEAVES OF ABSENCE
SECTION 1. Leave of Absence without Pay. For all regular employees as described herein, the
following Leave without Pay procedure shall apply:
A. After all available leave benefits, including vacation, compensatory time, and other leave
benefits have been completely used, a regular employee, not under suspension, may make
written application to the Department Head for leave without pay. No such leave will be
considered absent a written application from the employee requesting leave.
B. If the Department Head and the Human Resources Director agree that such leave is merited
and in the interest of the City, leave may be granted for a period not to exceed six (6) months
following the date of expiration of all other allowable leave benefits.
7888859.3 OR020 -059
13
C. No employment or fringe benefits such as sick leave, vacation, health insurance, retirement,
or any other benefits shall accrue to any employee on leave of absence without pay except as
denoted under the FCML in Section 8, below. During such leave in excess of five (5)
working days, no seniority shall be accumulated.
D. Subject to and consistent with the conditions of the group health, life or disability plan,
coverage may be continued during a leave, provided direct payment of the total premium by
the employee is made through and as prescribed by the Payroll Division of the City. The City
will pay up to six (6) months of the Flexible Benefit Plan contribution for employees who are
on long term disability leave.
E. At the end of such leave, if the employee desires additional leave, written application must be
made through the Department Head to the Human Resources Director at least ten (10) days
before the end of the six (6) month period, stating the reasons why the additional leave is
required and why it would be in the best interests of the City to grant such leave of absence.
If such additional leave is merited and would still preserve the best interests of the City, 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 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 all seniority rights.
K. Forms setting forth the benefits available or such other pertinent information shall be
maintained for distribution in the Human Resources Department.
L. Management will allow an employee to take a leave of absence without pay during a City
Hall holiday closure without having to exhaust all accrued leave benefits on the books.
SECTION 2. Jury Duty and Services as a Witness for the City.
A. Jury Duty. When required to serve on a jury, all employees shall have time off for a period not to
exceed 30 calendar days for each jury duty summons which an employee responds to per
7888859.3 OR020 -059
14
calendar year. Employees shall receive their regular pay while serving on jury duty, 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 call in for jury service and the court does not need the employee's
service, the employee is expected to report to work. Once an employee has completed 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 City. 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.
Employees 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 Section 395- 395.02 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 ( hour for each one - quarter ( 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 authorized agent; and /or
2) Personal illness or physical incapacity resulting from causes beyond the employee's control;
including pregnancy, childbirth and other medically related conditions.
3) For an employee who is a victim of domestic violence, sexual assault, or stalking, for the
purposes described in Labor Code sections 230(c) and 230.1(a).
4) No employee shall be eligible or entitled to sick leave with pay for any illness or injury
arising out of and in the course of City employment.
7888859.3 OR020 -059
15
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 ( hour, while
additional actual absence of over one - quarter ( hour shall be charged to the nearest one -half
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. An employee who is initially hired after July 1, 1980
shall be allowed to accumulate sick leave to a maximum of 960 hours. Sick leave hours in
excess of such maximum shall be forfeited.
H. Retirement from City Service and Entering the Public Employees' Retirement System. 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 shall 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).
I. Death of an Employ Upon the death of an employee while employed by the City, 100% of
all accrued sick leave benefits shall be paid to the beneficiary of the deceased employee.
Payment will be made when proper authorization for payment is received from the estate of the
decedent employee.
J. Sick Leave Conversion.
1) Eligible employees with sick leave usage of 0.0 to 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) However, no hours will be converted to vacation if said vacation conversion places the
employee's vacation bank over the maximum allowable accrual. In this case, all sick leave
hours eligible for conversion will instead remain in the employee's sick leave account.
SECTION 5. Family Leave. In accordance with the California Family Sick Leave and Paid Sick Leave
Acts, an employee is allowed up to 48 hours of family leave per calendar year for family related illness
7888859.3 OR020 -059
16
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 roof); 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 on 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, grandparent, grandchild, aunt, uncle, spouse, registered domestic
partner, child, brother, sister, or registered domestic partner 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.
SECTION 7. Workers' Compensation. Employees who incur a work - related injury or illness will be
eligible to receive Workers' Compensation benefits according to the State of California's Department of
Workers' Compensation regulations and benefits provided pursuant to this Memorandum of
Understanding.
A. Temporary Disability 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.
7888859.3 OR020 -059
17
C. Physician Pre-Designation- 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 Leave Act of 1993 (FMLA) and the regulations of the
California Fair Employment and Housing Commission implementing the California Family Rights Act
CFRA) (Government Code Section 12945.2). Unless otherwise provided, "Leave" under this article
shall mean leave pursuant to the FMLA and CFRA. An employee's request for leave is subject to review
and final approval of the Human Resources Director.
A. Amount of Leave. Eligible employees are entitled to a total of 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. Calculating 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 exhausting accrued
leave, the employee must also exhaust sick leave. The exhaustion of accrued leave will run
concurrently with the Family Care and Medical Leave.
7888859.3 OR020 -059
18
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).
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 this MOU.
SECTION 2. Selection and Funding. In the administration of the fringe benefit programs, the City shall
have the right to select any insurance carrier or other method of providing coverage to fund the benefits
included under the terms of this MOU, provided that the benefits of the employees shall be no less than
those in existence as of implementation of this MOU.
SECTION 3. Changes. If, during the term of this MOU, any change of insurance carrier or method of
funding for any benefit provided hereunder occurs, the City shall notify OMEA prior 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 $ $125.00 per month ($128 per month effective January 1, 2017).
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.
7888859.3 OR020 -059
19
B. Flexible Benefits Plan. The City shall 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 miscellaneous pay:
C. Any amounts in excess of the amounts designated in Section 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 the health plan, the employee must provide proof of group medical
insurance coverage (e.g., coverage under a spouse's employer's plan) that is compliant with the
Affordable Care Act (ACA), as determined by the Human Resources Director. Based on
determination that group medical insurance coverage is in full force and effect, eligible
employees shall receive $745.00 per month toward the Flexible Benefits Plan. Effective January
1, 2016, this amount shall increase to $795.00 per month. Effective January 1, 2017, this amount
shall increase to $845.00 per month.
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 $40,000 life insurance
policy for each benefited employee.
SECTION 3. Lonz Term Disability 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 $4,000 per month.
SECTION 4. Retirement Health Savings Plan Trust. The City allows the Association to establish a
Retirement Health Savings Plan Trust for its' employees. The City will not contribute to this plan, as all
costs and contributions of the Plan will be borne by the employees. OMEA will sponsor said plan, and
indemnify and release the City from any and all plan liability. The City will provide logistical payroll
support. The responsibility for the maintenance and investment of the plan funds rests solely with
OMEA.
7888859.3 OR020 -059
20
Article XVII
EDUCATIONAL ASSISTANCE PROGRAM
SECTION 1. Program Requirements. The City will reimburse employees for the cost of tuition,
textbooks, health fees and parking fees required for approved community college and college courses.
An approved course is one designated to directly improve the knowledge of the employee relative to his
specific job or courses leading to an accredited degree. In addition, the City will reimburse employees
for job - related: lab fees and cost of materials, licensing and registration fees, professional and technical
certifications, as well as licensing and registration renewal fees. The request will be reviewed by the
Department Head who shall submit all requests, along with recommendations, to the Human Resources
Director for approval prior to registration. Reimbursement will be based upon the final grade received.
A final grade of "C" or better qualifies an employee for 100% reimbursement up to the amount
specified in Section 2 of this Article.
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
475.00 of the $1,250.00 allotted per fiscal year for activities that aid in their professional development.
Reimbursable activities include the following:
1. Attendance at job - related professional conferences and seminars;
2. Payment of membership 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 staff s knowledge.
SECTION 4. Education Program for Building Inspector /Combination Inspector.
7888859.3 OR020 -059
21
A. All employees classified as a Building Inspector or Combination Inspector shall be eligible for
this program.
B. To qualify for the incentive, eligible employees shall become and remain certified by the
International Conference of Building Officials (I.C.B.O.) as a Combination Dwelling Inspector in
one of the following disciplines:
1) Plumbing;
2) Electrical;
3) Mechanical;
4) Plans Examiner;
5) Any other discipline approved by the Building Official that may be offered by I.C.B.O. in the
future.
Failure to maintain certification in the required disciplines (through re- examination) shall result in
such inspector no longer qualifying for the incentive.
C. Employees, who qualify, as set forth above shall be compensated by an additional $100.00 per
month. This form of compensation, also referred to as "Educational Pay - International
Conference of Building Officials (ICBO) Certificate," 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).
D. City shall pay I.C.B.O. fees upon passing initial and re- certification examinations.
SECTION 5. Certification Reimbursement Program for Code Compliance Officer, and Assistant or
Associate Planner.
A. All persons classified as a Code Compliance Officer, or Assistant or Associate Planner shall be
eligible for this program.
B. To qualify for the reimbursement, eligible Code Compliance Officers shall become certified by
American Association of Code Enforcement (AACE); eligible Planners shall become certified by
the American Institute of Certified Planners (AICP).
C. City shall reimburse AACE and AICP testing fees, up to a maximum of $300.00, upon successful
completion of the examination.
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
7888859.3 OR020 -059
22
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 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 other respects, employees hired by the City on and after January 1, 2013 shall
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 (CaIPERS). Employees shall pay 8.0% of reportable salary, on a
pre -tax basis, to PERS as their full member contribution. Annual reports are available online from
Ca1PERS showing the amount of contribution so made.
SECTION 4. Part-Time Employ Part-time employees not covered under the Public Employees'
Retirement System shall 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 toward 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 Pro am. An employee may receive $30 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 commute to
and from the work -site. 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 may purchase uniforms for certain designated classifications within the Association.
B. All uniforms and /or safety equipment purchased by the City shall remain the property of the City.
SECTION 3. Safety Shoes. Designated employees covered by this MOU may be required to wear safety
shoes with steel toes while on duty. An employee classified as Assistant Engineer, Associate Civil
Engineer, Building Inspector, Code Compliance Officer, Combination Building Inspector, Construction
Inspector 1/II, Engineering Technician I /II, Environmental Compliance Specialist, Environmental
7888859.3 OR020 -059
23
Scientist, Senior Traffic Signal Technician, Warehouse /Inventory Specialist, or Traffic Signal
Technician I /II will receive up to $300.00 per fiscal year for safety boots allowance. Inspection of the
work site will be made on a regular basis to ascertain compliance to the safety shoe program.
SECTION 4. Breaks. Employees are entitled to two 15- minute breaks, unless an emergency requires
continued work, as determined by the employee's supervisor. An employee shall be permitted to take
one break during the first half of the work shift and one break during the second half of the work shift.
Breaks shall be scheduled to ensure that public counters and telephones are covered at all times during
the regular working day and are designed to provide a period of relaxation and /or nutrition during each
half of the working day. If a break is not taken, it shall not be accumulated, but shall be lost and not
charged in the future to the City.
SECTION 5. Direct Deposit. Effective July 1, 2007, all new City employees are required to participate
in the City's direct paycheck deposit program. City employees hired prior to July 1, 2007 who do not
participate in the direct deposit program will have their paychecks mailed to the mailing address on file
for said employee from the City's Finance Department.
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 Charges. Air, rail, or public transportation used and expenses
for local transportation, such as taxicabs and bus fare, will be allowed whenever such transportation is
necessary to conduct City business. In addition, the following expenses and charges will be allowed,
whenever necessary, for conducting City business.
7888859.3 OR020 -059
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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 Administrative Policy Number 4.13.
Article XXI
SAFETY AND HEALTH
SECTION 1. 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 OMEA agree
to actively pursue the continuation of safe working procedures and environments.
SECTION 2. Safety Equipment. All protective clothing or protective devices required of employees in
the performance of their duties shall be furnished without cost to the employees by the City.
Article XXII
CITY 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 determine the existence or non - existence of facts which are the basis of the Management
decision.
C. To determine the necessity of organization of any service or activity conducted by the City and
expand or diminish services.
D. To determine the nature, manner, means, and technology, and extent of services to be provided to
the public.
E. To determine the methods of financing.
F. To determine the types of equipment or technology to be used.
7888859.3 OR020 -059
25
G. To determine and /or change the facilities, methods, technology, means, and size of the work
force by which the City operations are to be conducted.
H. To determine and change the 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 OMEA 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.
7888859.3 OR020 -059
26
Article XXIII
EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES
SECTION 1. Dues Deductions / Agency Shop. The City shall deduct for dues and OMEA benefits on
a bi- weekly basis from the pay of all employees in the classifications and positions recognized to be
represented by OMEA. These deductions shall be made utilizing a mutually agreed upon form to be
provided for this purpose. The City shall remit such funds to OMEA within ten (10) days following their
deduction. OMEA 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.
SECTION 2. Indemnification. OMEA agrees to hold the City harmless and indemnify the City against
any claims, causes of actions, or lawsuits arising out of the deductions or transmittal of such funds to
OMEA except the intentional failure of the City to transmit, to OMEA, monies deducted from the
employees pursuant to this Article.
SECTION 3. Newly Hired Employees. The City will provide OMEA with a list of any new hires into
the bargaining unit within 30 days of receipt of a request for such list by OMEA.
SECTION 4. Posting of Notices. The Association shall be afforded the opportunity to post OMEA
bulletins, updates, and notices pertaining to Association business and meetings.
SECTION 5. Use of City Facilities. Upon prior notice and subject to availability, the City shall allow
OMEA to use City facilities for membership, Board of Directors, and committee meetings.
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 OMEA 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.
SECTION 2. Business Da Business days means those days in which the City's administrative offices
are open.
SECTION 3. Time Limits for Filiniz 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
7888859.3 OR020 -059
27
further processing of the grievance. Failure of the City to comply with time limits set forth in this
Section shall automatically move the grievance to the next level in the Grievance Procedure.
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 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 within ten (10) business days. 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 five (5) business days following the grievance discussion.
SECTION 6. Formal Grievance Process, City Manager. If the grievance is not resolved in Section 5
above, or if no answer has been received from the Human Resources Director and Department Head
within 15 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 within ten (10) business days, 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, OMEA, and the City shall have 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 supervisor to
resolve the grievance at the informal step.
Article XXV
DISCIPLINARY APPEALS PROCEDURE
SECTION 1. Disciplinga 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
7888859.3 OR020 -059
28
reprimands, probationary demotions, performance evaluations, and denial of merit increases are not
subject to appeal. However, an employee may submit a written rebuttal to any verbal or written
reprimand. In addition, the employee may also request said reprimand be withdrawn from their official
Personnel record after one (1) year. However, such removal shall be at the complete discretion of the
Human Resources Director.
SECTION 2. Formal DisciplinM Appeals Process. An employee desiring to appeal a
supervisor /manager's decision to take disciplinary action shall have up to ten (10) business days after
receipt of the notice of intent to discipline 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 appeals may be further processed in
accordance with the provisions of Section 3 below.
SECTION 3. Formal Process for Terminations, Advisory Hearing Officer. A non - probationary
terminated employee may request a full evidentiary hearing within 15 City business days of the date of
any notice of termination. Failure to request a hearing within the 15 -day period constitutes a waiver of
the hearing. In lieu of a hearing, a terminated employee 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, a full
evidentiary hearing shall be held by a Hearing Officer who shall render an advisory decision.
If the parties cannot agree on the identity of the Hearing Officer, the parties shall procure from the State
Mediation and Conciliation Service a list of seven (7) qualified Hearing Officers. Each party shall
alternately strike one (1) name from the list until only one (1) person remains, who shall be the Hearing
Officer. The determination as to which party strikes first shall be made on a random basis.
A. Fees for retaining the Hearing Officer and other costs related to conducting the hearing, for
example employing a court reporter, shall be shared equally by the City and the employee.
The City and the employee shall each be responsible for securing and paying for their
respective representation at the hearing, if any.
B. The Hearing Officer shall determine whether good cause exists for the imposition of the
termination and, if not, the appropriate degree of discipline. The decision of the Hearing
Officer is remitted to the City Manager for final disposition.
7888859.3 OR020 -059
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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. OMEA, 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
OMEA fails, in good faith, to perform all responsibilities listed below in Section 5, OMEA
Responsibility, the City may suspend any and all of the rights, privileges, accorded to OMEA under the
Employee Relations Resolution in this MOU, including, but not limited to, suspension of recognition of
OMEA, grievance procedure, right of access, check -off, the use of the City's bulletin boards, and
facilities.
SECTION 5. OMEA Responsibility.
A. In the event that OMEA, its officers, agents, representatives, or members engage in any of the
conduct prohibited in Section 1 above, Prohibited Conduct, OMEA or its duly authorized
representatives shall immediately instruct any persons engaging in such conduct that their
conduct is in violation of this MOU and they should immediately cease engaging in conduct
prohibited in Section 1 above, Prohibited Conduct, and return to work.
B. If OMEA performs all of the responsibilities set forth in paragraph (A) above, its officers, agents,
and representatives shall not be liable for damages for prohibited conduct performed by
employees who are covered by this MOU in violation of Section 1 above.
Article XXVII
OMEA REPRESENTATIVES
This article is intentionally left blank to standardize the sequence among other City of Orange MOU's.
7888859.3 OR020 -059
30
Article XXVIII
LAYOFF PROCEDURE
When a layoff or reduction in force is necessary, the layoff procedures set forth in Resolution No. 8177,
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 OMEA employees are subject to reduction in force at the direction of the City
Manager.
SECTION 3. Policy. The City retains the right to abolish any position, reduce the work force and layoff
employees when it becomes necessary due to economic conditions, organizational changes, lack of
work, or because the necessity for a position no longer exists. The City's layoff policy provides the
following criteria to be followed during a reduction in force.
ECTION 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) Regular full -time employees (40 hours)
For purposes of this procedure, the Water Division will be considered a department.
B. Layoffs
1) Layoffs shall be based on City -wide seniority, except, negative performance during the past
three (3) years will be considered to determine the order of layoff. Negative performance and
disciplinary actions will include the following:
a) Denial of merit increases;
b) Suspension without pay;
c) Extensions of probationary periods;
d) Disciplinary demotions to lower level positions;
e) Disciplinary reductions in pay;
f) Performance evaluations containing significant, negative written comments indicating
improvement needed and warning of further consequences to follow if improvement
fails to occur.
7888859.3 OR020 -059
31
A single negative disciplinary action as described above will not reduce the employee's
seniority. However, each additional disciplinary action during the three (3) year period will
reduce the employee's seniority by two (2) years for each additional occurrence, for a possible
reduction of six (6) years.
2) The order of layoff shall be established by the Human Resources Director, including seniority
and results of review of performance evaluations and prior disciplinary actions.
3) The order of layoff will be the least senior employee as determined by the procedure above.
4) Prior to the establishment of the final order of layoff, the Human Resources Director shall
furnish affected employees a copy of the "Proposed Order of Layoff." Notice will be hand
delivered to employees whenever possible.
5) If the employee wishes to contest the application of the criteria set forth in this policy to 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 Resources Director shall be final and not subject to
the grievance process or further appeal.
C. Written Notice.
Employees to be laid off shall be provided written notice at least seven (7) 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 Lam
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:
7888859.3 OR020 -059
32
a) Formerly held or supervised the lower level position within the City of Orange and
within the classification;
b) Employee meets or can reasonably meet qualifications for the new position as
determined by the Human Resources Director;
c) Possesses greater seniority to displace a lower level worker;
d) Requests in writing a demotion to the previously held or supervised position within
seven (7) calendar days of receiving the notice of layoff or voluntary demotion. A
voluntary demotion shall not reflect as a negative action in the employee's personnel
file.
E. Re- employment Lists.
1) Regular employees in good standing who are laid off or demoted shall have their name
placed on a departmental re- employment list for the last classification previously held.
Names shall be placed on the list in inverse order of seniority. (Last released - first re- hired).
Vacancies the department desires to fill will be offered first to eligibles on the departmental
re- employment list.
2) Other hiring departments who have vacancies the City desires to fill will give priority
consideration to those employees whose names appear on the re- employment list. If these
employees are not selected for re -hire, the reason for non - selection must be approved by the
Human Resources Director.
3) Names of qualified individuals shall remain on re- employment lists for a period not to exceed
two (2) years from the date of layoff. Individuals who qualify for re -hire but do not respond
to written notification to the last known address on file within fourteen calendar days or who
refuse two (2) job offers shall have their names removed from the re- employment list. It is
the employee's responsibility to provide the Human Resources Department with a current
mailing address. Once re- hired, 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
7888859.3 OR020 -059
33
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
negotiate or bargain with regard to wages, hours, 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.
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. OMEA 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.
7888859.3 OR020 -059
34
Article XXXIII
TERM OF MEMORANDUM OF UNDERSTANDING,
NO LAYOFF CLAUSE, AND RELATIONSHIP WITH OTHER REPRESENTED NON -
SAFETY BARGAINING UNITS
The term of this MOU shall commence on July 1, 2015 and shall continue in full force and effect until
June 30, 2017.
Article XXXIV
RATIFICATION AND EXECUTION
The City and OMEA acknowledge that this MOU shall not be in full force and effect until ratified by
OMEA 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 OMEA and entered into this 13 day
of September, 2016.
CITY OF ORANGE
ORANGE MUNICIPAL EMPLOYEES'
ASSOCIATION, --
By: By:
Teresa E. Smith, Mayor Shawn Horning, OXfEA Presi
Approved as to form:
OaKalty, SpecialaCounseylfortthe City
By:
Matthew Lorenzen, O E "ceresident
By:
Jackie Bateman, OM A Secretary
7888859.3 OR020 -059
35
APPENDIX "A"
ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE JUNE 29, 2014
3.0% Across the Board Salary Increase
RANGE STEP STEP STEP STEP STEP STEP
Classification Title A B C D E F
Accountant 532 5065 5323 5595 5880 6180 6495
Administrative Assistant 480 3908 4107 4317 4537 4768 5011
Administrative Specialist 478 3869 4066 4274 4492 4721 4961
Assistant Engineer 561 5853 6152 6465 6795 7142 7506
Assistant Planner 519 4747 4989 5243 5511 5792 6087
Associate Civil Engineer 584 6564 6899 7251 7621 8010 8418
Associate Engineer 584 6564 6899 7251 7621 8010 8418
Associate Planner 554 5652 5940 6243 6562 6896 7248
Building Inspector 520 4771 5014 5270 5538 5821 6118
Business License Inspector 508 4493 4723 4963 5217 5483 5762
Buyer 516 4676 4915 5166 5429 5706 5997
Code Compliance Officer 514 4630 4866 5114 5375 5649 5937
Combination Building Inspector 530 5015 5270 5539 5822 6118 6431
Construction Inspector 1 501 4339 4561 4793 5038 5295 5565
Construction Inspector II 521 4794 5039 5296 5566 5850 6148
Engineering Technician I 490 4108 4317 4537 4769 5012 5267
Engineering Technician 1I 510 4538 4770 5013 5269 5538 5820
Environmental Compliance Specialist 514 4630 4866 5114 5375 5649 5937
Environmental Scientist 584 6564 6899 7251 7621 8010 8418
Finance Assistant 493 4170 4382 4606 4841 5087 5347
Finance Clerk 458 3502 3680 3868 4065 4273 4490
GIS Analyst 584 6564 6899 7251 7621 8010 8418
Housing Specialist 514 4630 4866 5114 5375 5649 5937
Human Resources Technician 488 4067 4274 4492 4721 4962 5215
Lead Business License Inspector **518 4723 4964 5217 5483 5763 6057
Lead Finance Clerk*518 4723 4964 5217 5483 5763 6057
Librarian 1 496 4232 4448 4675 4914 5164 5427
Librarian II 516 4676 4915 5166 5429 5706 5997
Librarian III 536 5167 5430 5707 5998 6304 6626
Library Assistant 456 3467 3644 3830 4025 4230 4446
Library Clerk 410 2756 2897 3044 3200 3363 3534
Library Page 342 1963 2064 2169 2279 2396 2518
Library Support Services Assistant 456 3467 3644 3830 4025 4230 4446
Library Technology Assistant 456 3467 3644 3830 4025 4230 4446
Library Technology Coordinator 516 4676 4915 5166 5429 5706 5997
Library Volunteer Coordinator*466 3644 3830 4025 4231 4446 4673
Office Assistant 430 3045 3201 3364 3535 3716 3905
Payroll Technician*518 4723 4964 5217 5483 5763 6057
Permit Technician 480 3908 4107 4317 4537 4768 5011
7888859.3 OR020 -059
36
STEP STEP STEP STEP STEP STEP
Classification Title RANGE A B C D E F
Plan Check Engineer 561 5853 6152 6465 6795 7142 7506
Planning Aide 489 4087 4296 4515 4745 4987 5241
Project Engineer 571 6152 6466 6796 7142 7507 7890
Recreation Services Coordinator*497 4254 4470 4698 4938 5190 5455
Senior Code Compliance Officer 534 5116 5376 5651 5939 6242 6560
Senior Combo. Building Inspector 550 5541 5823 6120 6432 6760 7105
Senior Finance Clerk 478 3869 4066 4274 4492 4721 4961
Senior Library Clerk 440 3201 3364 3536 3716 3906 4105
Senior Office Assistant 450 3365 3536 3717 3906 4105 4315
Senior Permit Technician 500 4318 4538 4769 5013 5268 5537
Senior Traffic Signal Technician 550 5541 5823 6120 6432 6760 7105
Stock Clerk 439 3185 3348 3518 3698 3886 4084
Traffic Management Center Tech 550 5541 5823 6120 6432 6760 7105
Traffic Signal Technician 1 490 4108 4317 4537 4769 5012 5267
Traffic Signal Technician 11 510 4538 4770 5013 5269 5538 5820
Transportation Analyst 584 6564 6899 7251 7621 8010 8418
Warehouse /Inventory Specialist 497 4254 4470 4698 4938 5190 5455
Note: the salary ranges for these positions were increased effective June 29, 2014 pursuant to City Council
adoption of the City's FY 2014115 budget on June 10, 2014 as follows: Lead Finance Clerk = 8.0 %; Library
Volunteer Coordinator = 5.0 %; Payroll Technician = 8.0 %; and Recreation Services Coordinator = 13.5 %.
Note: the classification of Lead Business License Inspector position was established effective February 22,
2015 pursuant to City Council adoption Resolution No. 10839 at mid -year of 2014115.
7888859.3 OR020 -059
37
APPENDIX "A"
ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION
MONTHLY SALARY RANGES (Continued)
EFFECTIVE JANUARY 24, 2016
2.5% Across the Board Salary Increase
RANGE STEP STEP STEP STEP STEP STEP
Classification Title A B C D E F
Accountant 537 5193 5458 5736 6028 6336 6659
Administrative Assistant 485 4006 4211 4426 4651 4888 5138
Administrative Specialist 483 3967 4169 4382 4605 4840 5087
Assistant Engineer 566 6001 6307 6629 6967 7322 7695
Assistant Planner 524 4867 5115 5376 5650 5938 6241
Associate Civil Engineer 589 6730 7074 7433 7813 8212 8630
Associate Engineer 589 6730 7074 7433 7813 8212 8630
Associate Planner 559 5795 6090 6401 6728 7071 7431
Building Inspector 525 4891 5140 5403 5678 5968 6272
Business License Inspector 513 4607 4842 5089 5348 5621 5908
Buyer 521 4794 5039 5296 5566 5850 6148
Code Compliance Officer 519 4747 4989 5243 5511 5792 6087
Combination Building Inspector 535 5141 5403 5679 5969 6273 6593
Construction Inspector I 506 4449 4676 4914 5165 5428 5705
Construction Inspector II 526 4916 5166 5430 5707 5998 6303
Engineering Technician I 495 4211 4426 4652 4889 5138 5400
Engineering Technician II 515 4653 4890 5140 5402 5677 5967
Environmental Compliance Specialist 519 4747 4989 5243 5511 5792 6087
Environmental Scientist 589 6730 7074 7433 7813 8212 8630
Finance Assistant 498 4275 4493 4722 4963 5216 5482
Finance Clerk 463 3590 3773 3966 4168 4380 4604
GIS Analyst 589 6730 7074 7433 7813 8212 8630
Housing Specialist 519 4747 4989 5243 5511 5792 6087
Human Resources Technician 493 4170 4382 4606 4841 5087 5347
Lead Business License Inspector 523 4843 5089 5349 5622 5909 6210
Lead Finance Clerk 523 4843 5089 5349 5622 5909 6210
Librarian I 501 4339 4561 4793 5038 5295 5565
Librarian II 521 4794 5039 5296 5566 5850 6148
Librarian III 541 5297 5568 5851 6150 6464 6793
Library Assistant 461 3554 3736 3926 4127 4337 4558
Library Clerk 415 2826 2970 3121 3281 3448 3624
Library Page 347 2013 2116 2224 2337 2456 2581
Library Support Services Assistant 461 3554 3736 3926 4127 4337 4558
Library Technology Assistant 461 3554 3736 3926 4127 4337 4558
Library Technology Coordinator 521 4794 5039 5296 5566 5850 6148
Library Volunteer Coordinator 471 3736 3927 4127 4338 4559 4791
Office Assistant 435 3122 3281 3449 3625 3809 4004
Payroll Technician 523 4843 5089 5349 5622 5909 6210
Permit Technician 485 4006 4211 4426 4651 4888 5138
Plan Check Engineer 566 6001 6307 6629 6967 7322 7695
Planning Aide 494 4190 4404 4629 4865 5113 5374
7888859.3 OR020 -059
38
STEP STEP STEP STEP STEP STEP
Classification Title RANGE A B C D E F
Project Engineer 576 6308 6629 6967 7323 7696 8089
Recreation Services Coordinator 502 4361 4583 4817 5063 5321 5592
Senior Code Compliance Officer 539 5245 5512 5793 6089 6399 6726
Senior Combo. Building Inspector 555 5680 5970 6275 6595 6931 7284
Senior Finance Clerk 483 3967 4169 4382 4605 4840 5087
Senior Library Clerk 445 3282 3449 3625 3810 4004 4209
Senior Office Assistant 455 3450 3626 3811 4005 4209 4424
Senior Permit Technician 505 4427 4652 4890 5139 5401 5677
Senior Traffic Signal Technician 555 5680 5970 6275 6595 6931 7284
Stock Clerk 444 3266 3432 3607 3791 3984 4188
Traffic Management Center Tech 555 5680 5970 6275 6595 6931 7284
Traffic Signal Technician I 495 4211 4426 4652 4889 5138 5400
Traffic Signal Technician II 515 4653 4890 5140 5402 5677 5967
Transportation Analyst 589 6730 7074 7433 7813 8212 8630
Warehouse /Inventory Specialist 502 4361 4583 4817 5063 5321 5592
7888859.3 OR020 -059
39
APPENDIX "A"
ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION
MONTHLY SALARY RANGES (Continued)
EFFECTIVE JULY 24, 2016
1.5% Across the Board Salary Increase
RANGE STEP STEP STEP STEP STEP STEP
Classification Title A B C D E F
Accountant 540 5271 5540 5822 6119 6431 6759
Administrative Assistant 488 4067 4274 4492 4721 4962 5215
Administrative Specialist 486 4026 4232 4448 4674 4913 5163
Assistant Engineer 569 6091 6402 6728 7072 7432 7811
Assistant Planner 527 4940 5192 5457 5735 6028 6335
Associate Civil Engineer 592 6831 7181 7545 7931 8336 8760
Associate Engineer 592 6831 7181 7545 7931 8336 8760
Associate Planner 562 5882 6182 6498 6829 7177 7543
Building Inspector 528 4965 5218 5484 5764 6058 6367
Business License Inspector 516 4676 4915 5166 5429 5706 5997
Buyer 524 4867 5115 5376 5650 5938 6241
Code Compliance Officer 522 4818 5064 5322 5594 5879 6179
Combination Building Inspector 538 5219 5485 5765 6059 6368 6692
Construction Inspector I 509 4516 4746 4988 5243 5510 5791
Construction Inspector II 529 4990 5244 5512 5793 6088 6399
Engineering Technician I 498 4275 4493 4722 4963 5216 5482
Engineering Technician lI 518 4723 4964 5217 5483 5763 6057
Environmental Compliance Specialist 522 4818 5064 5322 5594 5879 6179
Environmental Scientist 592 6831 7181 7545 7931 8336 8760
Finance Assistant 501 4339 4561 4793 5038 5295 5565
Finance Clerk 466 3644 3830 4025 4231 4446 4673
GIS Analyst 592 6831 7181 7545 7931 8336 8760
Housing Specialist 522 4818 5064 5322 5594 5879 6179
Human Resources Technician 496 4232 4448 4675 4914 5164 5427
Lead Business License Inspector 526 4916 5166 5430 5707 5998 6303
Lead Finance Clerk 526 4916 5166 5430 5707 5998 6303
Librarian I 504 4405 4629 4865 5114 5374 5648
Librarian II 524 4867 5115 5376 5650 5938 6241
Librarian III 544 5377 5651 5940 6243 6561 6896
Library Assistant 464 3608 3792 3985 4189 4402 4627
Library Clerk 418 2868 3015 3168 3330 3500 3678
Library Page 350 2043 2148 2257 2372 2493 2620
Library Support Services Assistant 464 3608 3792 3985 4189 4402 4627
Library Technology Assistant 464 3608 3792 3985 4189 4402 4627
Library Technology Coordinator 524 4867 5115 5376 5650 5938 6241
Library Volunteer Coordinator 474 3793 3986 4189 4403 4627 4863
Office Assistant 438 3169 3331 3501 3679 3867 4064
Payroll Technician 526 4916 5166 5430 5707 5998 6303
Permit Technician 488 4067 4274 4492 4721 4962 5215
7888859.3 OR020 -059
40
STEP STEP STEP STEP STEP STEP
Classification Title RANGE A B C D E F
Plan Check Engineer 569 6091 6402 6728 7072 7432 7811
Planning Aide 497 4254 4470 4698 4938 5190 5455
Project Engineer 579 6403 6729 7073 7433 7812 8211
Recreation Services Coordinator 505 4427 4652 4890 5139 5401 5677
Senior Code Compliance Officer 542 5324 5595 5881 6181 6496 6827
Senior Combo. Building Inspector 558 5766 6060 6369 6694 7035 7394
Senior Finance Clerk 486 4026 4232 4448 4674 4913 5163
Senior Library Clerk 448 3331 3501 3680 3867 4065 4272
Senior Office Assistant 458 3502 3680 3868 4065 4273 4490
Senior Permit Technician 508 4493 4723 4963 5217 5483 5762
Senior Traffic Signal Technician 558 5766 6060 6369 6694 7035 7394
Stock Clerk 447 3315 3484 3661 3848 4044 4251
Traffic Management Center Tech 558 5766 6060 6369 6694 7035 7394
Traffic Signal Technician 1 498 4275 4493 4722 4963 5216 5482
Traffic Signal Technician 11 518 4723 4964 5217 5483 5763 6057
Transportation Analyst 592 6831 7181 7545 7931 8336 8760
Warehouse /Inventory Specialist 505 4427 4652 4890 5139 5401 5677
7888859.3 OR020 -059
41