RES-10992 Memorandum For Orange Police AssociationRESOLUTION NO. 10992
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE REPEALING RESOLUTION
NO. 10779 AND APPROVING THE MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF
ORANGE AND THE CITY OF ORANGE POLICE
ASSOCIATION CONCERNING WAGES, SALARIES
AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT EFFECTIVE JULY 1, 2015
THROUGH JUNE 30, 2017.
WHEREAS, the City of Orange, hereinafter referred to as "City ", and the City of Orange
Police Association, hereinafter referred to as the "Association" have met and conferred in
accordance with requirements of the Meyers - Milias -Brown Act; and
WHEREAS, the City and the Association have reached agreement on wages, salaries and
other terms and conditions of employment effective July 1, 2015 through June 30, 2017 and have
repealed Resolution No. 10779 thereto for said employees, as more particularly set forth in the
Memorandum of Understanding; and
WHEREAS, on October 13, 2015 the City Council of the City of Orange adopted
Resolution No. 10888, A Resolution of the City Council of the City of Orange Establishing a Letter
of Understanding Between the City of Orange and the City of Orange Police 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 attached Memorandum of Understanding is approved and incorporated by reference as
Exhibit "A" as though fully set forth herein.
ADOPTED this 14th day of February 2017.
ItAt
Teresa t. Smith, Mayor, City of Orange
ATTEST:
Mary E. City Cie r , i f Orange
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 14th day of February 2017, by the following vote:
AYES:COUNCILMEMBERS:Whitaker, Smith, Murphy, Nichols
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:Alvarez
ABSTAIN:COUNCILMEMBERS:None
Mary E. y, City Clerk, City range
Resolution No. 10992 2
Exhibit "A"
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORANGE AND THE
CITY OF ORANGE POLICE ASSOCIATION
JULY 1 2015 THROUGH JUNE 30 2017
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORANGE AND THE
CITY OF ORANGE POLICE ASSOCIATION
TABLE OF CONTENTS
Article No.Article Title Page No_
IRecognition 1
II Non- Discrimination ........................... ..............................1
IIISalaries 2
IV Working out of Class ......................... ..............................5
VWork Week ....................................... ..............................5
ViOvertime 5
VII Call Back Compensation ................... ..............................7
VIIICourt Time ........................................ ..............................8
IX Special Assignments and Special Pay Practice ...............9
X Career Development Program and
Educational Reimbursement .............. .............................13
XI Uniform Allowance ............................ .............................14
XIIHolidays 15
XIIIVacation 17
XIV Probationary Period ............................ .............................18
XV Other Leaves of Absence ................... .............................18
XVI Part-Time Employee Benefits ............ .............................25
XVIIInsurance 25
XVIII Retirement .......................................... .............................27
XIX Safety and Health Fitness ................... .............................28
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Article No.Article Title Paze No.
XX Travel Expense Allowed .................... .............................29
XXI Employee Organizational Rights
and Responsibility .............................. .............................29
XXII Layoff Procedures .............................. .............................30
XXIII City Rights .......................................... .............................32
XXIV No Strike ............................................ .............................33
XXV Grievance Procedure .......................... .............................34
XXVI Miscellaneous Provisions ................... .............................36
XXVII Sole and Entire Memorandum of Understanding ............ 36
XXVIII Waiver of Bargaining During the
Term of this Agreement ..................... .............................36
XXIX Emergency Waiver Provision ............. .............................37
XXX Separability Provision ........................ .............................37
XXXI Term of Memorandum of Understanding .......................37
XXXII Ratification and Execution ................. .............................38
Appendix A Salary Ranges ..................................... .............................39
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Article I
RECOGNITION
SECTION 1 . Pursuant to the provisions of the Employer - Employee Relations Resolution No.
3611 of the City of Orange, the City of Orange (hereinafter called the "City "), has recognized
the City of Orange Police Association (hereinafter called the "Association ") as the majority
representative of the Non - Management employee classifications of the Police Department as set
forth in Appendix "A ".
SECTION 2 . The City shall recognize the Association as the majority representative of all
employees in these classifications for the purpose of meeting its obligations under this
Agreement, the Meyers - Milias -Brown Act, Government Code Section 3500 et seq., and the
Employer - Employee Relations Resolution No. 3611 when City rules, regulations, or laws
affecting wages, hours, and other terms and conditions of employment are appropriately
amended or changed.
Article II
NON - DISCRIMINATION
SECTION 1 . The parties mutually recognize and agree to protect the rights of all employees
herein to join and /or participate in protected Association activities or to refrain from joining or
participating in protected activities in accordance with the Employer - Employee Relations
Resolution and Government Code Section 3500 et. seq.
SECTION 2 . The City and the Association agree that they shall not discriminate against any
employee on the basis of actual or perceived race, color, sex, gender, gender identify, age,
national origin, religion, physical or mental disability, medical condition (cancer - related or
genetic characteristics), ancestry, marital status, sexual orientation, citizenship, pregnancy,
childbirth or related medical condition, status as a covered veteran, or service in the uniformed
services (as defined by the Uniformed Services Employment and Reemployment Rights Act of
1994) or any other lawfully protected class. The City and the Association shall reopen any
provision of this Agreement for the purpose of complying with any order of a federal or state
agency or court of competent jurisdiction requiring a modification or change in any provision
or provisions of this Agreement in compliance with state or federal anti- discrimination laws.
SECTION 3 . Whenever the masculine gender is used in this Memorandum of Understanding, it
shall be understood to include the feminine gender.
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Article III
SALARIES
SECTION 1. BASIC COMPENSATION PLAN There is hereby established a basic
compensation plan for all members of the Association who are now employed or will in the
future be employed in any of the designated classifications of employment listed in this
resolution and its attachments.
SECTION 2. SALARIES Base salaries for employees covered by this agreement, effective
October 4, 2015 (for non -sworn employees) and November 1, 2015 (for sworn employees), and
June 26, 2016 (for non -sworn employees) and August 7, 2016 (for sworn employees), are listed
in Appendix "A."
The salary and wage schedules attached hereto shall constitute the basic compensation plan
consisting of six (6) steps or rates of pay in each range.
The respective ranges shall be identified by number and the steps by the letters "A" to "F"
inclusive. The columnar heads at the top of each column shall establish the purpose of each step
and the minimum length of service required for advancement to the next higher step, as provided
in Section 6 hereof.
SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN The compensation
ranges and steps contained in the monthly salary schedule in the appendix hereof are monthly
compensation rates.
For all employees who have a regular weekly work schedule of forty (40) hours, the hourly rate
of pay shall be the monthly rate times twelve (12) divided by 2,080 annual hours.
In determining the hourly rate as herein provided, compensation shall be made to the nearest
one -half (1/2) cent.
SECTION 4. BEGINNING RATES A new employee of the City shall be paid the rate shown
in the Step "A" in the range allocated to the class of employment for which he has been hired,
except that on the request of the Police Chief under whom the employee will serve, and with the
authorization of the Human Resources Director, such employee may be placed at any Step in the
range depending upon the employee's qualifications.
SECTION 5. SERVICE The word service, as used in this Resolution, shall be defined to mean
continuous, full -time service in his present classification, service in a higher classification, or
service in a classification allocated to the same salary range and having generally similar duties
and requirements. A lapse of service by any employee for a period of time longer than thirty
30) days by reason of resignation or discharge shall serve to eliminate the accumulated length
of service time of such employee for the purpose of this Resolution.
6077929.4 OR020 -060
Such employee re- entering the service of the City shall be considered as a new employee, except
that he may and at the discretion of the City, be re- employed within one (1) year and placed in
the same salary step in the appropriate compensation range as he was at the time of the
termination of employment.
SECTION 6. ADVANCEMENT WITHIN 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. The effective date of
such merit increase, if granted, shall be the first day of the next pay period following
completion of the length of service required for such advancement. Advancement
through the salary range may be granted only for continuous, meritorious and efficient
service, and continued improvement by the employee in the effective performance of the
duties of his position. Such merit advancement shall require the following:
1) The Police Chief, or his designee, shall file with the Human Resources Director a
completed performance evaluation recommending the granting or denial of the
merit increase and supporting such recommendation with specific reasons
therefore. A disapproval, together with the reasons therefore, shall be returned to
the Police Chief.
2) The recommendation of the Police Chief 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, the Police Chief 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 Resolution. The
Human Resources Director may, on the basis of the Police Chief's recommendation,
approve and effect such an advancement.
C. Length Of Service Required When Advancement Is Denied When an employee has
not been approved for advancement to the next higher step, he shall be reconsidered for
such advancement within a one -year period or at any subsequent time. This
reconsideration shall follow the same steps and shall be subject to the same action as
provided in the above paragraph of this section.
SECTION 7. REDUCTION IN SALARY STEPS Any employee who is being paid on a salary
step higher than Step "A" may be reduced by one or more steps upon the recommendation of the
Police Chief with the approval of the Human Resources Director. Procedure for such reduction
shall follow the same procedure as outlined for merit advancements in Section 6, and such
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employee may be considered for re- advancement under the same provisions as contained in
subsection (C) of Section 6.
SECTION 8. PROMOTIONAL SALARY ADVANCEMENT When an employee is promoted
to a position in a higher classification, he may be assigned to Step "A" in the appropriate range
for the higher classification; provided that if such employee is already being paid at the 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 9. DEMOTION When an employee is demoted 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 (1) step.
B. The new salary rate must be within the salary range for the classification to which
demoted.
SECTION 10. REASSIGNMENT OF COMPENSATION RANGES
Any employee who is employed in a classification which is reassigned to a different pay range
from that previously assigned shall be retained in the same salary step in the new range as he has
previously held in the prior range, and shall retain credit for length of service in such step toward
advancement to the next higher step; provided, however:
A. That if such retention shall result in the advancement of more than one (1) step, the
Human Resources Director may, at his discretion, at the time of reassignment, place the
employee in a step which will result in an increase of only one (1) step.
B. That if the reassignment shall be to a lower compensation range, the "F" step of which
shall be lower than the 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 new classification
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 of the employee, the employee shall be placed on that step of
the lower compensation range which is equivalent to the employee's existing rate of pay.
If there is no equivalent rate of pay, the employee shall be placed on the next highest step.
The employee shall retain credit for length of service previously acquired in such step
toward advancement to the next higher step.
6077929.4 OR020 -060
4
Article IV
WORKING OUT OF CLASS
SECTION 1 . The City may work employees out of classification for up to two (2) working
days within a work week without additional compensation. On the third working day within the
work week that the employee works out of classification, he shall be paid additional
compensation at the Step A of the class to which he is assigned for the entire pay period in
which the employee worked out of classification. In no event shall the employee be paid at a
step of the class in which the employee receives less than a five percent (5 %) increase in pay.
To qualify for working out of class pay, the employee must be performing all the significant
duties of the higher level position and meet the minimum requirements of the higher level class.
Article V
WORK WEEK
SECTION 1 . The regular work week for all employees covered by this Agreement shall be forty
40) hours per week consisting of four (4) consecutive shifts of ten (10) hours and three (3)
consecutive days off, provided that, under special circumstances, an employee and the
department may mutually agree to a different schedule. However, the work schedule for the
employee serving in the position of "Court Liaison Officer" shall consist of five (5) consecutive
shifts of eight (8) hours and two (2) consecutive days off.
SECTION 2 . Except in the case of emergency as defined in Article VI, Section 9 an employee
shall not be scheduled to work more than twelve and one -half (12'/2) consecutive hours on any
occasion. Employees may voluntarily work in excess of the twelve and one -half (12'/2) hours
and will be compensated appropriately.
Article VI
OVERTIME
SECTION 1. PREMIUM COMPENSATION — SWORN AND RELATED PERSONNEL
Premium Compensation shall apply to all classifications covered herein, when duly authorized
by the Police Chief or his designee. Additionally, if an employee is scheduled to commence a
work shift within ten (10) or fewer hours after the scheduled conclusion of the previously
scheduled work shift, the later shift shall be compensated at the premium rate for all hours
worked.
SECTION 2. DEFINITION Overtime is defined as that authorized time worked in excess
of the regular work day and /or work week, except that work amounting to less than fifteen (15)
minutes in excess of an employee's regular work day shall not be considered overtime for any
purpose. Only time actually worked shall count in the computation of overtime, except that time
off due to excused absence for holidays, accumulated compensatory time off, vacation and sick
6077929.4 OR020 -060
5
leave shall be counted toward the computation of overtime. Overtime shall be earned to the
nearest one - quarter (1/4) hour increment.
SECTION 3. PREMIUM COMPENSATION Premium Compensation shall be earned at
the rate of one and one -half (1' /z) hours for each one (1) hour of overtime worked. Premium
Compensation shall be paid out either in the form of cash or compensatory time off at the rate
of one and one -half (1' /2) times the employee's regular rate of pay, subject to the limits noted
under Section 5 below.
SECTION 4. PARTIAL OVERTIME EXEMPTION The parties agree that the City has
adopted the 28 -day Section 7(k) partial overtime exemption in accordance with 29 U.S.C.
section 207(k) of the Fair Labor Standards Act (FLSA).
SECTION 5. ACCUMULATION AND PAYMENT OF COMPENSATORY TIME All earned
overtime compensation for employees described in this Article may be credited to Accumulated
Time Off (ATO) or converted into cash at the employee's option. Payment shall be made at the
pay period following the exercise of the option. Accumulated compensatory time not taken in
the calendar year in which it was earned may be carried over to the next calendar year up to a
maximum of eighty (80) hours.
All accumulated ATO accrued in excess of 80 hours at year -end shall be automatically paid on
the first pay period of the new calendar year.
Employees shall be entitled to receive payment for paid overtime and all accumulated
compensatory time upon their termination.
SECTION 6. APPLICATION OF COMPENSATORY TIME Premium Compensation work
shall not apply to the earning of employee benefits such as retirement, holidays, vacation
accrual, sick leave accrual, employee insurance benefits or towards the completion of
probationary period or to progression within a salary rate range.
SECTION 7. USAGE OF COMPENSATORY TIME An employee who submits a request
to use accumulated compensatory time off a minimum of seven (7) days in advance of the
requested time off must be granted the leave, provided that such request does not create an
undue disruption in the City's ability to provide proper coverage as defined by Federal Law.
Scheduled primary and scheduled secondary vacation requests may not be canceled due to the
application of this provision. However, management has the right to deny a seven (7) day
request if the voluntary overtime process does not provide appropriate coverage for requested
time off.
SECTION 8. PYRAMIDING OF OVERTIME RATES Whenever two (2) or more premium
compensation rates or overtime rates may appear to be applicable to the same hour or hours
worked by the employees described in this Article, there shall be no pyramiding or adding
together of such premium or overtime rates, and only the higher applicable rate shall apply.
6077929.4 OR020 -060
SECTION 9 . If in the event of circumstances beyond the City's control, such as Acts of Nature,
fire, flood, insurrection, riot, national emergency or other similar circumstances, employees
covered herein shall be entitled to only a straight time rate for non -FLSA overtime worked
under such circumstances, i.e., time for which premium overtime compensation is not mandated
by the FLSA.
SECTION 10. ASSIGNMENT OF AVAILABLE OVERTIME Whenever possible, when
assigning overtime in patrol, preference will be given to off -duty personnel who are interested
and available for overtime assignments. The Police Chief shall determine an acceptable process
by which an employee may indicate interest and availability for overtime assignments. The City
does not provide overtime compensation to employees who travel for training purposes, unless
said travel time occurs outside an employee's regular work hours. Compensation will be
provided based upon the most expedient mode of employee travel.
Article VII
CALL BACK COMPENSATION
SECTION 1. CALL BACK 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,
or when on a regular day off or any other day when they are not regularly scheduled to work,
they shall be compensated in cash or in compensatory time off for actual hours of work with a
minimum of two (2) hours call back compensation, regardless of whether the employee works
less than two (2) hours. Compensation shall be at the premium rate of time and one -half (1' /2)
the employee's regular rate of pay. Entitlement to callback compensation shall provide that an
employee who is called back shall be regarded as having commenced actual hours of work
thirty (30) minutes prior to arriving at the designated work location.
This provision shall not apply to employees who are continuing on duty after the call back,
provided that the regularly scheduled hours of work may not be adjusted within forty -eight (48)
hours prior to the time they are scheduled to commence without the consent of the employee.
SECTION 2. PYRAMIDING Whenever two (2) or more premium compensation rates or
overtime rates may appear to be applicable to the same hour or hours worked by any employee,
there shall be no pyramiding or adding together of such premium or overtime rates and only the
higher applicable rate shall apply. This section does not apply to Special Assignment pay rates
as set forth in Article IX.
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Article VIII
COURT TIME
SECTION 1 . Parties agree to incorporate by reference existing departmental policies and
written procedures covering the subject of court time except to the extent they conflict with this
agreement.
SECTION 2 . Employees required to appear or testify while off -duty and in response to a
subpoena relating to activities arising out of the course and scope of employment, shall receive
premium overtime compensation for a minimum of two (2) hours or the actual number of hours
spent in their testimony or appearance, whichever is greater. For the purposes of this section,
the computation of the actual number of hours shall include all meals and break periods.
SECTION 3 . Whenever an employee has been placed on "standby" or on an "on call" status
while otherwise off duty in response to a subpoena relating to activities arising out of the course
and scope of employment, the employee shall receive compensation therefore in cash or
compensatory time off at the straight time rate for two (2) hours irrespective of the duration of
such standby or on call status regardless of shift start time. If an employee is ordered to continue
on "standby" or on "on call" status beyond 1300 hours (1:00 p.m.) or the employee is placed in
that status after appearing in court earlier that day, the employee shall receive an additional two
2) hours in cash or compensatory time off at the straight time rate irrespective of the duration
of such "standby" or "on call" status. This provision shall be applicable to employees who have
been placed on "standby" or "on call' status for the purpose of providing telephonic testimony
or providing testimony in an official proceeding with regard to matters arising out of the course
and scope of employment. For the purposes of this section, an employee shall not be
compensated for "on call" and "regular wages" at the same time. In addition, an employee who
is on a pre- approved vacation and is placed on court standby shall receive court standby pay in
lieu of vacation hours previously authorized and shall have his vacation hours reduced by the
number of hours received in court standby pay.
SECTION 4 . A sworn peace officer who transfers from another law enforcement agency into
service with the City and is required to appear in court in connection with a criminal or civil
subpoena issued in relation to an incident arising out of that previous employment relationship
shall be allowed to appear in response to the criminal or civil subpoena without loss of pay if
the employee is normally scheduled to be on duty at the time of testimony. If the employee is
off duty at the time of his testimony or appearance, he shall be compensated as if the matter
arose out of the course and scope of his present employment, as set forth in Section 2 above. If
the employee is placed on call or standby and if off -duty, he shall be compensated as though
the matter arose out of the scope of employment as set forth in Section 3 above.
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Article IX
SPECIAL ASSIGNMENTS AND SPECIAL PAY PRACTICE
SECTION 1. SPECIAL ASSIGNMENT GUIDELINES Police Officers and civilian
employees may be assigned, from time -to -time, by the Chief of Police in a special assignment
and shall receive additional compensation, above the employee's regular compensation during
the period of such special assignment, provided the employee is performing all the significant
duties of the special assignment. The amount of additional compensation shall be determined
by the special assignment and special pay provisions as defined in Section 2 of this Article.
These special assignments to positions shall be made or revoked at the discretion of the Chief
of Police. The Police Chief will consult with the Association regarding the development of
selection guidelines for special assignments; however, the decision of the Police Chief is final
in determining the selection guidelines.
A. Police Officers and civilian personnel assigned to positions specified in Section 2 above
shall move on a step -to -step basis without changing anniversary dates.
B. There is no period of probation required in a special assignment and no permanency or
seniority may be obtained in a special assignment. An employee who has attained
permanency in a classification retains that status during special assignments.
C. Reductions in the number of special assignments which require the removal of one or
more employees from the special assignment shall be based on department seniority.
Whenever an employee is removed from a special assignment because of a reduction
in the number of available assignments, for a two (2) year period after the date on which
the reduction occurred, that employee shall be entitled to fill the first vacancy within
that particular special assignment.
SECTION 2. SPECIAL ASSIGNMENT AND SPECIAL PAY
A. Motor Officers Police Officers assigned by the Chief of Police in a special assignment
as a Motor Officer shall receive an additional six and one -half percent (6'/2 %)
compensation above the employee's regular compensation during the period of such
special assignment, provided the employee is performing all the significant duties of the
special assignment. This form of special compensation, also referred to as "Motorcycle
Patrol Premium," shall continue to be reported to CalPERS as special compensation, and
therefore compensation earnable pursuant to California Public Employees' Retirement
System (PERS) Regulations, Section 571(a)(4).
Motor Officers shall clean and maintain their City issued vehicles during their regular
work hours. If any cleaning or maintenance is required to be done outside the regular
work day and will trigger overtime pay, approval for such work must be obtained from
the immediate supervisor prior to performing such work.
6077929.4 OR020 -060
B. Investigators and Gang Unit Detectives Police Officers assigned by the Chief of Police
as Investigators shall receive an additional seven and one -half percent (7%2 %)
compensation above the employee's regular compensation during the period of such
special assignment provided the employee is performing all the significant duties of the
special assignment. Employees assigned by the Police Chief as a Gang Unit Detective
will be selected from a current Detective list using the rule of the band. Gang Unit
Detectives shall receive seven and one -half percent (7'/2 %) compensation above the
employee's regular compensation during the period of such assignment. This form of
special compensation, also referred to as "Police Investigator Premium" or "Gang Detail
Assignment 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).
C. Crime Scene Investigators Employees assigned as Crime Scene Investigators shall
receive $250.00 per month during the period of such assignment. Employees may be so
assigned at the discretion of the Police Chief or his designee. This form of special
compensation, also referred to as "Crime Scene Investigator Premium" shall continue to
be reported to Ca1PERS as special compensation and therefore compensation earnable
for sworn personnel only, pursuant to California Public Employees' Retirement System
PERS) Regulations, Section 571(a)(4).
D. Training Bonus Field Training Officers, Motor Officers, Dispatchers, and Police
Services Officers assigned to train employees shall receive $275.00 per month, during
the period of such assignment. This sum shall be paid only for those pay periods during
which the individual is specifically assigned to a trainee for any part of the pay period.
Corporals shall not qualify for training bonus. This form of special compensation, also
referred to as "Training 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).
E. Bilingual Bonus Employees covered under this agreement may be assigned by the
Police Chief to a Bilingual Assignment. Such employees on Bilingual Assignment shall
receive an additional two hundred twenty -five ($225.00) per month, per employee, in
addition to their regular salary for the duration of the assignment. This form of special
compensation, also referred to as "Bilingual 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).
Bilingual Assignments shall be made on the following basis:
1) The Police Chief, with the approval of the Human Resources Director, shall
determine the number of Bilingual Assignment positions that are necessary based
upon a demonstrable need and the frequency of use; and
6077929.4 OR020 -060
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2) The Police Chief shall determine the languages appropriate for Bilingual
Assignment; and
3) Employees receiving Bilingual Assignment compensation shall be required to
take and pass a proficiency test on an annual or as needed basis as determined by
the Human Resources Department.
F. Canine Officers Police Officers may be assigned from time to time by the Police Chief
as Canine Handlers and shall be responsible for maintaining, training, and utilizing a
police service dog during their regular duties. The parties recognize that not all care for
a police service dog can be accomplished during the regular work schedule. The parties
agree that in the past, Canine Officers were compensated for all off -duty canine activities
through the special assignment pay and other overtime policies of the City. The parties
further agree that eight (8) hours per month constitutes the number of hours that Canine
Officers reasonably spend outside the regular work schedule for all time spent in relation
to the care, maintenance, and training of a police service dog and related equipment.
Employees assigned as Canine Officers shall receive six and one -half percent (6'/2 %)
compensation above their regular compensation as special assignment pay. This 6%2%
special compensation, also referred to as "Canine Officer /Animal Premium," shall
continue to be reported to Ca1PERS as special compensation, and therefore
compensation eamable pursuant to California Public Employees' Retirement System
PERS) Regulations, Section 571(a)(4).
In addition, Canine Officers shall also be compensated for the off -duty care,
maintenance, and training of police service dogs in the amount of eight (8) hours per
month at an hourly rate of $13.00 per hour at time and one -half (8 x $19.50 = $156.00
per month). With appropriate documentation, the City agrees to separately and
additionally compensate a Canine Officer for visits to the veterinarian and /or other
unusual occurrences that are handled outside of the Canine Officer's regular work hours
at the rate of one and one -half times the Canine Officer's regular rate of pay for the actual
number of hours spent in such activities. This $156.00 per month compensation is not
pension reportable pursuant to California Public Employees' Retirement System (PERS)
Regulations.
The parties agree that payment by the City in accordance with this section shall satisfy
all City FLSA obligations with respect to the care, maintenance, and training of police
service dogs.
There is no period of probation required as a Canine Handler and no permanency or
seniority may be obtained as such a handler. Police Officers assigned as Canine Handlers
shall serve at the pleasure of the Police Chief and may be reassigned at the sole discretion
of the Chief.
M11MORM z .1 :10- 10104111
G. Corporals Police Officers may be assigned from time to time by the Police Chief as
Corporals within the Patrol, Motors, or Canine units. Police Officers appointed to these
special assignments shall receive as compensation an additional ten percent (10 %) per
month in addition to their regular salary. This form of special compensation, also
referred to as "Master Police Officer Incentive Pay," shall continue to be reported to
Ca1PERS as special compensation, and therefore compensation earnable pursuant to
California Public Employees' Retirement System (PERS) Regulations, Section
571(a)(1).
Corporals, while assigned as such, may not pyramid special assignment pay for the
following: Motor Officer, Investigator, Gang Unit Detective, Canine, Field Training
Officer, or Senior Officer. Corporals will, however, be permitted to pyramid their
Corporal special assignment pay with any or all of the following: Crime Scene
Investigator, Bilingual Bonus, Shift Bonus, and CNT /SWAT pay. There is no period
of probation required as a Corporal, and no permanency or seniority may be obtained
in such assignment. Police Officers assigned to this special assignment serve at the
pleasure of the Police Chief and may be reassigned at the sole discretion of the
Police Chief. For the purposes of this section, there shall be no carry -over of pay or
rank upon re- assignment or voluntary transfer to another unit. Corporals who accept
assignments to Motor, Investigator, Gang Unit Detective, or Canine shall lose their
status as Corporals.
H. Senior Officer Pay Sworn Police Officers not assigned to a special assignment as
defined in Sections 2 A, B, F, G, or K of this article shall receive five percent (5 %)
Senior Officer Pay upon completion of six (6) years of sworn service with the Orange
Police Department. This compensation is not pension reportable pursuant to California
Public Employees' Retirement System (PERS) Regulations.
I. Shift Bonus All employees who are assigned to shifts that start between 1200 hours
12:00 p.m.) and 0600 hours (6:00 a.m.) and in addition who are either subject to
shift rotation or permanently assigned to a shift commencing within the above time
frame shall receive a two percent (2 %) bonus based upon the employee's base salary.
Employees not subject to shift rotation and who are assigned shifts that start between
0600 hours (6:00 a.m.) and 1200 hours (12:00 p.m.) are not entitled to this
compensation. The 'Bicycle Detail" as well as "Motor Officer Detail" shall receive
the 2% shift bonus regardless of the time the shift begins. Shift assignments shall
be made or revoked at the discretion of the Chief of Police. This form of special
compensation, also referred to as "Shift Differential," 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).
J. CNT and SWAT All employees assigned to Crisis Negotiation Team (CNT) or
SWAT shall receive an additional $200.00 per month in addition to their regular
salary, for the duration of this assignment. An assignment to the SWAT or CNT
team is not considered permanent and said assignment to or removal from these units
6077929.4 OR020 -060 12
is solely based upon the discretion of the Police Chief or his designee. It is understood
that the department does not need cause or grounds for the removal of any employee
from either of these teams. Such removal is not considered to be a punitive action,
and is not subject to appeal.
K. Gang Unit Rotators Patrol Officers and Corporals may be specially assigned to the
Gang Unit by the Police Chief, who retains discretion to remove an employee from such
special assignment without cause. Patrol Officers assigned to the Gang Unit will receive
seven and one -half percent (7%2 %) compensation above their regular compensation, and
Corporals will continue to receive their ten percent (10 %) Corporal pay. This form of
special compensation, also referred to as "Gang Detail Assignment Premium" (7 %) or
Master Police Officer" ten percent (10 %) shall continue to be reported to Ca1PERS
as special compensation, and therefore compensation eatnable pursuant to California
Public Employees' Retirement System (PERS) Regulations, Section 571(a)(4).
Gang Unit Rotators will serve for a period of one year, which may, upon the mutual
agreement of the employee and the Chief of Police, be extended for a period up to an
additional two (2) years. An employee of the rank of Corporal who is specially assigned
to the Gang Unit will retain their Corporal status but may not pyramid the Gang Unit
special assignment pay on top of their Corporal pay. At the end of an employee's special
assignment to the Gang Unit, the employee will resume his regular patrol assignment.
L. Special Assignment Officers Returning to Patrol Sworn police officers who have
served for four (4) years or more in a special assignment as defined in Section 2A or 2B
of this article and who volunteer to return to Patrol shall receive eight percent (8 %)
special assignment pay upon return to Patrol. This will not apply to officers who are
returned to patrol as the result of discipline or performance issues. This compensation,
like the Senior Officer pay noted in Section H. above, is not pension reportable pursuant
to California Public Employees' Retirement System (PERS) Regulations. These officers
will not qualify for Senior Officer Pay as noted in Section H. above.
Article X
CAREER DEVELOPMENT PROGRAM AND EDUCATIONAL REIMBURSEMENT
SECTION 1 . Sworn Peace Officers shall be eligible to receive Career Development Program
pay according to the chart below. Employees who qualify for this pay shall be compensated the
following monthly amounts beginning on the first day of the next pay period following
qualification. It is the Police Officer's responsibility to make application with Police
Administration for this pay as soon as they qualify in order to be compensated accordingly.
Failure to make timely application may reduce or delay benefits.
6077929.4 OR020 -060
13
REQUIREMENTS ADDITIONAL COMPENSATION
A POST Intermediate Certificate and 30 -59 semester units
B POST Intermediate Certificate and 60 -89 semester units
C POST Advanced Certificate and 90 semester units or more
D POST Advanced Certificate and an AA Degree
E. POST Advanced Certificate and aBachelor's degree
F. POST Advanced Certificate and Master's degree in area related to
Law Enforcement or Public Management from an accredited
university, as approved by the City Manager.
100.00
200.00
270.00
300.00
400.00
500.00
The above forms of special compensation, also referred to as "Educational Incentive Pay" or
Peace Officer Standard Training (POST) Certificate Pay," shall continue to be reported to
CalPERS as special compensation, and therefore compensation earnable pursuant to California
Public Employees' Retirement System (PERS) Regulations, Section 571(a)(2).
SECTION 2. EDUCATIONAL REIMBURSEMENT The City will reimburse employees for
the costs 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 a course that fulfills the requirements
towards attainment of a degree in a job - related field, and must be approved by the Chief of
Police and the Human Resources Director prior to registration. Reimbursement will be based
upon the final grade received. A final grade of "C" or better qualifies the employee for 100%
reimbursement up to the amount specified in Section 4 of this Article.
SECTION 3 . Educational reimbursement payments to an employee shall not exceed one
thousand two hundred and fifty ($1,250.00) dollars in any one fiscal year and he must still be
employed by the City when the course is completed.
Article XI
UNIFORM ALLOWANCE
SECTION 1 . The City will purchase uniforms for all regular, full -time and part-time uniformed
members of the Police Department. Qualified part-time members are those employees
scheduled in the budget to work at least twenty (20) hours a week on a year -round basis. Except
as provided herein, a uniform allowance shall be reported to Ca1PERS in the amount of $230.00
per calendar year per employee for all safety employees, and $190.00 per calendar year for all
civilian employees. Police Officers assigned as a Detective or Investigator /Rotator (with the
exception of the Bike Team and the Training Manager), and Civilian Investigative Officers
CIO) as of July 1St each year, shall receive a clothing allowance while so assigned equal to
6077929.4 OR020 -060 14
500.00 per fiscal year. Individuals receiving this clothing allowance shall not be entitled to
receive the two (2) partial uniforms (two pants and two shirts) provided to other police officers
during any such fiscal year. This does not relieve any individual from strict compliance with
Department Policy #1046, Uniform Regulations. The clothing allowance shall be paid in a one-
time payment, in the first full pay period following July 1S Uniform allowance is not
considered pension reportable compensation for "new members" hired after January 1, 2013,
pursuant to the Public Employee Pension Reform Act of 2013 ( "PEPRA "). However, the City
shall continue to report as pensionable income to Ca1PERS pursuant to California Code of
Regulations Section 571(a)(5) the uniform allowance and/or the monetary value of required
clothing provided by the City to individuals who are not new members.
SECTION 2 . Safety equipment as designated by the Chief of Police and/or required by law
will be provided by the City.
SECTION 3 . All uniforms and /or safety equipment purchased by the City shall remain the
property of the City.
Article XII
HOLIDAYS
SECTION 1
A. Employees covered by this Agreement shall receive each January 1 st one hundred (100)
hours of holiday accrual to be taken as time off or converted to cash. Accruals not used
or converted to cash within the twelve (12) month period between January 1S and
December 31 st shall be automatically converted to cash in the first pay period of the
new calendar year.
B. As set forth in this Memorandum of Understanding, the terms'holiday pay' or'holiday
pay in lieu of time off shall continue to be defined as cash compensation in the same
amount the affected employee would have received had he taken the holiday off with
pay. This includes the individual's base salary and all additional amounts payable with
the base pay which are accepted by PERS as reportable compensation for purposes of
pension benefit calculation including all attendant forms of premium pay and other
additional cash.
C. Employees assigned to classifications covered by this Agreement after January 1S shall
receive prorated holiday accruals, one - twelfth (1/12) of their holiday accrual for each
month remaining in the twelve (12) month period between January 1S and December
31 sc
6077929.4 OR020 -060
15
D. To qualify for this benefit, on the applicable January 1S employees must be
considered active and not be considered off work due to any form of unpaid leave
of absence, and have worked a minimum of six (6) months and one (1) day of City
service. Employees who return to work following an unpaid leave of absence shall
receive prorated holiday accruals, as noted in Section I.B. above.
SECTION 2 . Employees working on holidays designated below shall receive double pay for
hours worked on the holiday, which shall consist of holiday pay plus the employee's regular
straight time hourly pay for all hours worked, or time off equivalent to the number of hours
worked on the holiday. For the purposes of this provision each holiday will be considered a ten
10) hour day. Employees shall receive no other compensation for working on a holiday, except
that an employee who works hours in excess of regular scheduled work shifts on a designated
holiday shall receive premium compensation.
1) January 1S (New Year's Day)
2) The third Monday in February (Presidents' Day)
3) Last Monday in May (Memorial Day)
4) July 4th (Independence Day)
5) First Monday in September (Labor Day)
6) November 11 (Veterans' Day)
7) Fourth Thursday in November (Thanksgiving Day)
8) Fourth Friday in November (Day after Thanksgiving)
9) December 25 (Christmas Day)
SECTION 3 . Holiday hours shall be taken at the convenience of the City with the approval of
the Police Chief or his duly authorized agent.
SECTION 4 . Employees who terminate their employment with the City prior to completing one
year of full -time employment shall receive the pro -rata portion of their holiday pay in cash
reimbursement. Pro -rated holiday shall be on the basis of one - twelfth (1/12) of the employee's
annual holiday hours for each full month of service of the employee during the employee's
anniversary year.
6077929.4 OR020 -060 16
Article XIII
VACATION
SECTION 1. VACATION ACCRUAL All full -time, regular employees who shall have one
1) year's continuous service shall thereafter be entitled to a vacation as follows:
After Years of Service Vacation Hours
1 through 4 80 hours
5 through 10 120 hours
11 128 hours
12 136 hours
13 144 hours
14 152 hours
15 160 hours
After completion of fifteen (15) years of continuous employment, all full -time regular
employees described herein shall accrue an additional four (4) hours of vacation per year up to
a maximum of two hundred and twenty (220) vacation hours after thirty (30) years continuous
employment with the City.
SECTION 2. VACATION USAGE AND ACCUMULATION Vacation shall be taken at the
convenience of the City with the approval of the Police Chief or his duly authorized agent.
Vacation hours not in excess of hours earned in the immediately preceding twenty -four (24)
month period may be accumulated with the permission of the Police Chief and the Human
Resources Director. All vacation hours in excess of the equivalent number of hours earned in
the immediately preceding twenty -four (24) month period shall not be accrued to the employee's
accumulated vacation, however, the City will provide a warning to the employee before
cessation of accrual occurs.
SECTION 3. VACATION CONVERSION An employee may convert up to twenty -five
25 %) percent of his current annual vacation accrual into pay in lieu of time off with pay on a
fiscal year basis. An employee requesting such a conversion must meet the eligibility
requirements as set forth in either Sections 1 or 2 above, and may so convert twice in a fiscal
year, however the total amount converted per fiscal year shall not exceed 25% of the employee's
annual accrual. Effective July 1, 2014, an employee may convert up to thirty -three (33 %)
percent of his current annual vacation accrual into pay in lieu of time off with pay on a fiscal
year basis. However the total amount converted per fiscal year shall not exceed 33% of the
employee's annual accrual.
SECTION 4. VACATION PAYOUT UPON TERMINATION Employees who terminate their
employment shall be paid for all accrued vacation, if any, and the prorated portion of their final
accrual. Pro -rated vacation shall be on the basis of one - twelfth (1/12) of the employee's annual
vacation pay for each full month of service of the employee during the employee's anniversary
year.
6077929.4 OR020 -060
17
Article XIV
PROBATIONARY PERIOD
SECTION 1 . An employee initially appointed to a classification shall serve a probationary
period during which he shall have an opportunity to demonstrate suitability for the job. The
probationary period for police officers shall commence when appointed to the classification or
when the police officer completes the basic recruit academy, whichever is later, and shall
conclude twelve (12) months later. Effective January 1, 2009, the probationary period for all
new police officers, except lateral police officers, shall be eighteen (18) months. Lateral police
officers will continue to be subject to a probationary period of twelve (12) months. The
probationary period for dispatchers shall commence when appointed to the classification and
shall conclude twelve (12) months following the completion of the initial dispatcher training.
The probation for all other employees shall conclude twelve (12) months after the date of
appointment to the classification. Under certain conditions, with the approval of the Human
Resources Director and the Police Chief, the probationary period may be shortened or extended.
SECTION 2 . The employee shall attain regular status in the classification upon successful
completion of the probationary period.
SECTION 3 . Any probationary employee shall be entitled to appeal termination or demotion
action, in accordance with the Grievance Procedure set forth in this Agreement but is restricted
to the informal part of the grievance process referenced in Article XXV, Section 4.
SECTION 4. PROBATION PERIOD RE- HIRES Any employee who leaves City employment
and is subsequently re -hired must serve a new probationary period as provided under Section
1.
Article XV
OTHER LEAVES OF ABSENCE
SECTION 1. LEAVE WITHOUT PAY
A. After all available leave benefits have been completely used, a regular employee not
under suspension may make application for leave without pay.
B. If the Police Chief and 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 leave benefits. No employment benefits
shall accrue to any employee on leave of absence without pay.
C. At the end of such leave, if the employee desires additional leave, written application
must be made to the Human Resources Director, stating the reasons why the additional
6077929.4 OR020 -060
18
leave is required and why it would be in the best interests of the City to grant same. If
in the Human Resources Director's opinion such additional leave is merited, and would
still serve the best interests of the City, he may approve same for a period not to exceed
an additional six (6) months. If the employee does not return to work before or at the
end of the leave of absence or any extension thereof, the employee shall be terminated.
D. An employee on leave of absence must give the City at least seven (7) days' written
notice of his intent to return to work. During a leave without pay in excess of five (5)
working days, no seniority shall be accumulated. Such leave shall be granted on the
same basis for pregnancy, childbirth and other medically related conditions, except that
such an employee shall retain her seniority rights.
E. Any employee who engages in outside employment during said leave of absence
without permission of the Human Resources Director and the Chief of Police or his
duly authorized agent may be subject to termination. Any employee who falsifies the
reason for request for said leave of absence may be terminated for falsifying a request
for leave of absence.
F. Notwithstanding Subsection (A), a regular employee not under suspension may make
application to the Police Chief or his designee for Leave Without Pay for injury or
illness not determined to be compensable under the Workers' Compensation Act. The
employee must use all available sick leave up to a maximum of sixty (60) calendar days
prior to Leave Without Pay being granted.
G. At the convenience of the City with the approval of the Police Chief or his duly
authorized agent, an employee will have the option to use all or part of his available
sick leave, vacation and /or ATO prior to taking Leave Without Pay for the purposes set
forth in Subsection (F).
SECTION 2. PERSONAL NECESSITY LEAVE Employees may be allowed up to one (1)
working day per month without pay for personal business with approval of the Police Chief.
Employees shall accrue no employment benefits for any personal necessity leave in excess of
one (1) day per month. Such personal necessity leave shall be without pay and shall not be
accumulated from month to month.
SECTION 3. JURY DUTY When required to serve on a jury, all employees shall have time
off for a period of actual service required on the jury. Employees shall receive their regular pay
while serving on jury duty, provided all jury fees paid to the individual employee, less
automobile expenses allowed, are turned over to the City. If an employee is called as a law
enforcement witness, he /she shall receive normal pay upon the payment of any witness fees that
accrue to the employee for his witness services.
SECTION 4. 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
6077929.4 OR020 -060
19
provisions of State law, found in applicable sections of the Military and Veterans' Code.
Employees must provide a copy of their military orders to the Human Resources Department to
qualify for a military leave of absence. Any exceptions to this provision shall be considered on
a case -by -case basis, with final approval of the Human Resources Director.
SECTION 5. SICK LEAVE Sick leave with pay shall be allowed, credited, and
accumulated in accordance with the following:
A. For employees working a regular forty (40) hour week, eight (8) hours of sick leave
will accrue for each month of continuous service.
B. All non - benefitted employees shall receive sick leave as required by State law.
C. For each day the employee is absent, the employee will be charged the number
of hours they are normally scheduled to work that day.
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 Police Chief 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; and /or
3) Forty -eight (48) hours per calendar year (non - cumulative) may be used for an
absence caused by illness or injury of any employee's immediate family.
Immediate 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.
4) 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).
5) Notwithstanding subsection (2) above, 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, except as set forth in Sections F(1)(b) and F(2)(c), below.
E. Any employee who engages in outside employment during sick leave without
permission of the Police Chief or his duly authorized agent may be subject to
termination. Any employee who falsifies the reason for request for said leave of
absence may be terminated for falsifying a request for leave of absence.
6077929.4 OR020 -060 20
F. Sick Leave Application Except as provided in Section C (3) above, 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. In any instance involving use of a fraction of a day's sick leave, the minimum
charged to the employee's sick leave account shall be one - quarter (1/4) hour, while
additional actual absence of over one - quarter (1/4) hour shall be charged to the
nearest one -half (1/2) hour. The Police Chief 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. Sick Leave Payout Program Sick Leave shall be paid at the current rate of pay and be
paid off according to the following programs:
1) All sick leave accrued prior to January 1, 1997 shall fall under the following
payout program:
a) Accumulated sick leave balances as of December 31, 1996 shall be set aside
in a designated sick leave account and no further accumulation will be placed
in this bank. This accumulated sick leave will be available for the employee's
use according to the provisions outlined in subsections C 1), 2), 3) and 4).
b) Subject to the provisions of Section 6(E), upon retiring from City service,
including but not limited to retirement based upon industrial disability, and
entering the Public Employees' Retirement System, an employee shall
receive no pay for the first two hundred twenty eight (228) hours of accrued
sick leave, but shall receive ten percent (10 %) pay for the next two hundred
and fifty -two (252) hours of accrued sick leave, and thirty five percent (35 %)
of all accrued sick leave thereafter.
c) Upon the death of an employee while employed by the City, one hundred
percent (100 %) of all accrued sick leave benefits accrued prior to January
1, 1997 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.
2) All sick leave accrued after December 31, 1996, shall be placed in anew accrual
bank, shall have no maximum accrual amount, and shall be paid at the current
rate of pay; however, any hours accumulated in excess of three hundred fifty -
two (352) hours shall not be eligible for any of the following payout programs:
a) Employees with accumulated sick leave balances of less than three hundred
fifty -two (352) hours, combining both sick leave accounts described in
subparagraphs 1) and 2) of Section E of this Article in the calculation to
determine eligibility, shall fall under the following payout provision:
6077929.4 OR020 -060
21
Employees who use less than thirty (30) hours of sick leave during the current
calendar year period shall be eligible to cash out, or credit to their
accumulated vacation, sixteen (16) hours of their accumulated sick leave.
Sixteen (16) hours will be deducted from their new accumulated sick leave
bank. The employee must file a sick leave payout designation form by the
last pay period of each calendar year in order to receive the sixteen (16) hours
in either cash or vacation accumulation beginning January 1998 and each
subsequent January. However, no hours will be converted to vacation if said
conversion places the employee's vacation bank over the maximum
allowable accrual. In this case, all sick leave hours eligible for conversion
will instead automatically be converted to cash. Conversion of sick leave to
vacation shall occur in the first pay period of January based upon sick leave
usage during the previous payroll calendar year. If no designation form is
filed, the hours will automatically remain in the employee's new sick leave
accumulation account.
b) Employees with accumulated sick leave balances of three hundred fifty -two
352) hours or more, combining both sick leave accounts in the calculation
to determine eligibility, shall fall under the following payout provisions:
A full -time employee may convert unused sick leave from the calendar year
maximum 96 hours) to cash or accumulated vacation at a rate of fifty percent
50 %) of their current pay rate. For example, an employee who uses no sick
leave during the calendar year may forfeit that ninety -six (96) hours of
accumulated sick leave in exchange for forty -eight (48) hours of pay or
accumulated vacation. The employee must file a sick leave payout
designation form by the last pay period of each calendar year in order to
receive the remaining unused sick leave in either cash or vacation
accumulation beginning January 1998 and each subsequent January.
However, no hours will be converted to vacation if said conversion places
the employee's vacation bank over the maximum allowable accrual. In this
case, all sick leave hours eligible for conversion will instead automatically
be converted to cash. Conversion of sick leave to vacation shall occur in the
first pay period of January based upon sick leave usage during the previous
payroll calendar year. If no designation form is filed, the hours will
automatically remain in the employee's new sick leave accumulation account.
c) Upon separation of employment from the City for any reason, including but
not limited to industrial disability retirement, for sick leave hours
accumulated after December 31, 1996, an employee shall receive no pay for
the first one hundred (100) hours (0 to 100 hours) of accrued sick leave, but
shall receive twenty -five percent (25 %) pay for up to the next one hundred
100) hours (101 to 200 hours) of accrued sick leave, and fifty percent (50 %)
pay of any remaining accrued sick leave up to one hundred fifty -two (152)
hours.
6077929.4 OR020 -060 22
d) Upon the death of an employee while employed by the City, one hundred
percent (100 %) of all accrued sick leave benefits up to three hundred fifty -
two (352) hours 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.
SECTION 6. WORKERS' COMPENSATION Workers' Compensation benefits will be
provided as follows:
A. Safety Personnel Salary continuance for safety personnel will be provided in
accordance with the current State of California's Department of Workers' Compensation
Laws and regulations.
B. Civilian Personnel Civilian employees shall be granted temporary disability leave of
up to 365 days in the event of a job related injury or illness. 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 thirty (30) days starting from the date of
injury. The employee will then receive 80% of salary for up to an additional 335
calendar days. Temporary disability leave in excess of 365 days will be provided subject
to current State regulations. Thereafter, the regular temporary disability Workers'
Compensation rate will apply.
C. Modified Light Duty Work Programs An employee may be eligible for a temporary
modified light duty assignment while recovering from an injury or illness. The
availability of the assignment depends on the restrictive nature of the injury or illness
and the availability of light duty. This assignment is subject to approval of the Human
Resources Director and Police Chief.
D. Course of Employment Should it be determined by the employee's doctor, or an
agreed doctor by both parties, or an Administrative Law Judge through the Workers'
Compensation Appeals Board that an employee's illness or injury did not arise in the
course of the employee's employment with the City 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 above.
E. Physician Pre-Designation Before a work related injury, an employee may elect to
pre- designate a qualified medical provider if done in accordance with the Department
of Workers' Compensation. 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
6077929.4 OR020 -060
23
3) The physician agrees to treat work - related injuries or illnesses in accordance with
the regulations.
F. 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.
G. Industrial Disability Retirement Effective October 4, 2015, an employee granted an
industrial disability retirement shall be entitled to participate in the Sick Leave Payment
Program set forth in Section 5(F) of this Article.
SECTION 7. BEREAVEMENT LEAVE Regular full -time employees shall be entitled to take
three (3) consecutive days bereavement leave per incident on the following terms and conditions:
A. Bereavement Leave may only be used upon the death or critical illness where a death
appears to be imminent in the employee's immediate family. "Immediate family" as
defined for the purposes of this Section shall be limited to: 1) any relation by blood,
marriage or adoption, who is a member of the employee's household (living at the same
address); or 2) any parent, substitute parent, parent -in -law, grand parent, aunt, uncle,
spouse, child, brother, sister, domestic partner, the employee's, spouse's or domestic
partner's child, grandchild, parent, substitute parent, grandparent, sibling, aunt, or
uncle of the employee, regardless of residence.
B. A maximum of three (3) consecutive days of paid bereavement leave shall be provided
per incident. Subject to the approval of the Police Chief or his designee, additional time
off with pay may be taken and charged to the employee's accumulated vacation or
accumulated compensatory time off account.
C. Bereavement leave shall not accrue and may not be carried forward into the next
calendar year if not used.
D. 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.
6077929.4 OR020 -060 24
Article XVI
PART -TIME EMPLOYEE BENEFITS
SECTION 1. PART -TIME EMPLOYEES Part-Time employees who are scheduled in the
budget to work on an average of at least twenty (20) hours per week on a year -round basis will
be entitled to pro -rated fringe benefits.
Article XVII
INSURANCE
SECTION 1. HEALTH INSURANCE The City shall contract with PERS (Public Employees'
Retirement System) to make available those health insurance benefits provided under the Public
Employees' Medical and Hospital Care Act (PEMHCA). The PERS Health Benefits Plan shall
replace any other health benefits program maintained by the City for eligible employees, eligible
retirees, and their eligible surviving annuitants.
A. Retiree Annuitant 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 $122.00 per month. Effective January 1, 2016, this
shall be increased to $125.00 per month. Effective January 1, 2017, this shall be
increased to $128.00 per month. This contribution is expected to be adjusted annually
by the Ca1PERS Board of Administration to reflect any change in the medical care
component of the Consumer Price Index.
B. Flexible Benefits Plan The City shall administer a Section 125 Flexible Benefits Plan
for active full -time and part -time eligible employees and pay the following amounts to
provide funds for optional dental plans, vision plans, health plans, or miscellaneous
pay:
Monthly Contributions
Effective Dates
If Covered by City
Insurance as Single
Party
Covered by City
Insurance as
Family*
If Waiving City
Insurance
J anuary 1, 2015 851.00 1,345.00 745.00
anuary 1, 2016 901.00 1,395.00 795.00
4 nuary 1, 2017 951.00 1,445.00 845.00
The term "Family" as used in this section shall apply to any employee who covers, or
would be eligible to cover, himself plus one or more family members under the City -
sponsored health insurance plan.
6077929.4 OR020 -060
25
C. Any amounts in excess of the amounts designated in Section 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.
Additionally, an employee may choose to not be enrolled in the Health Benefits Plan.
If an employee chooses not to be enrolled in a health plan, the employee must provide
proof of group medical insurance coverage (e.g., coverage under a spouse's employer's
plan) that is compliant with the Affordable Care Act (ACA), as determined by the
Human Resources Department. Based upon determination that group medical
insurance coverage is in full force and effect, eligible employees shall receive the
amount stipulated in Section 1(B) above noted as "If Waiving City Insurance." If the
employee and spouse are both covered by this agreement, the employee who chooses
not to enroll shall receive the amount above noted as "If Waiving City Insurance"
towards the Flexible Benefits Plan. In the event that the employee loses eligibility (with
documentation) then the employee may re- enroll in the PERS Health Benefits Plan
pursuant to the PERS Health Benefits Plan.
E. In the event an employee covered under this memorandum is killed in the line of duty,
the City shall make the premium contributions specified in Section 1 (B) Flexible
Benefits Plan listed above for up to five (5) years to any eligible dependent. Premium
amounts in excess of the City's contribution shall be borne by the eligible dependent.
Once a dependent becomes eligible for insurance coverage under another health plan,
eligibility for coverage under this section shall cease. The Police Chief and Human
Resources Director shall determine whether the employee's death qualifies as "killed in
the line of duty ".
F. In the event an employee covered under this memorandum dies for reasons other than
the result of being killed in the line of duty, the City shall make the premium
contributions specified in Section 1(B) Flexible Benefits Plan listed above for up to one
1) year to any eligible dependent. This benefit shall be prorated based upon the
employee's years of service:
Years of Service
0 -10 years of service
11 -15 years of service
15+ years of service
Percent of Premium Contribution Paid by City
50% of premium contribution
75% of premium contribution
100% of premium contribution
Premium amounts in excess of the City's contribution shall be borne by the eligible
dependent. Once a dependent becomes eligible for insurance coverage under another
health plan, eligibility for coverage under this section shall cease.
6077929.4 OR020 -060
26
G. The City may reopen negotiations at any time during the term of the MOU to address
the impact of the ACA, provided that no changes may be made by the City unless they
are either (1) mandated by the ACA or (2) mutually agreed upon by the parties.
SECTION 2 . A long -term disability insurance plan shall be selected by the Association and
shall be open to all employees set forth in Article I Section 1. If, during the term of this
Agreement, the Association desires to change the carrier or the method of funding, then the City
shall be given sixty (60) days prior written notice of such intent.
SECTION 3 . The City shall contribute the full premium towards a $40,000 life insurance
benefit. The City shall have the right to change life insurance carriers and administer the life
insurance benefits provided herein.
SECTION 4. RETIREE MEDICAL TRUST On July 1, 2000, the Association established
and created the "Premium Reimbursement Plan of the City of Orange Police Association
Employee Benefit Trust." The plan was voted on and approved by a majority of the members
of the Association. This Trust is governed by the Trust Agreement and Premium
Reimbursement Plan documents. The purpose of the Trust Fund is to provide an entity to
which contributions from participating employees can be paid and through which the elected
or appointed Trustees can create and administer one or more employee welfare benefit
plans for the participating employees on whose behalf the contributions have been paid and
their beneficiaries. These benefits will be paid to the employees by the Trust as set forth in
the Trust Agreement and Premium Reimbursement Plan.
Further, in accordance with Internal Revenue Code Section 501c and a majority vote of the
Association membership, all full -time employees shall contribute to the plan. As of the date of
this Memorandum of Understanding, the City does not contribute any funds to the plan, but has
agreed to withhold a pre -tax amount from each employee's paycheck, an amount which is set in
accordance with the by -laws of the Benefit Trust. The City then pays these deductions to the
Trust as soon as practical. This amount may change according to the rules and guidelines set
forth in the Trust Agreement and Reimbursement Plan. The responsibility for the maintenance
and investment of the Trust funds rests solely with the Trust's Board of Trustees and the
Association.
Article XVIII
RETIREMENT
SECTION 1 . Employees covered by this Agreement shall participate in the Public Employees'
Retirement System (PERS).
A. Safety PERS Formula The City shall grant the safety members of PERS effective May
20, 2001 the 3% at age 50 Retirement Formula as set forth in Section 21362.2 of the
California Government Code. The City shall pay all employer costs toward the
retirement program for safety members covered herein.
6077929.4 OR020 -060
27
B. Miscellaneous PERS Formula Effective June 29, 2003, the City shall provide the
PERS 2.7% at age 55 Retirement Program for miscellaneous employees covered by
this Resolution. The City shall pay all employer costs toward the retirement program
for miscellaneous employees covered herein.
C. PERS Second Tier Retirement Plans New members hired on or after January 1,
2013, shall receive the 2.0% at age 62 (civilian) or 2.7% at age 57 (sworn) Ca1PERS
retirement formula and a final compensation based on the average of the 36 highest
consecutive months pursuant to the Public Employee Pension Reform Act of 2013
PEPRA ").
D. PERS Member Contribution Both sworn and civilian employees shall pay the
employee retirement contribution rate through payroll deduction to the Public
Employees' Retirement System. Employees covered under Sections I and 1B of this
Article shall contribute 9.0% and 8.0 %, respectively, of compensation earnable as their
full PERS member contribution. Employees covered under Section 1 C of this Article
shall contribute 50% of the normal cost of retirement, pursuant to PEPRA.
E. Employee -paid PERS member contributions for all employees covered by this MOU
shall be made pursuant to Section 414(h)(2) of the Internal Revenue Code, to enable
the employee's taxable income to be reduced by the amount of the employee -paid
contribution.
F. The employee will be provided with a biweekly payroll statement showing the amount
of contribution as deferred.
G. The City will provide the 1959 PERS Survivors Benefit at the Third Level Option. The
City agrees to provide, at employee's cost, the 4th level of PERS survivor benefit,
pursuant to California Government Code Section 21574. Unit members shall pay their
2.00 monthly contribution through payroll deduction. This benefit shall be contingent
upon the election of other affected bargaining units to be subject to this provision.
Article XIX
SAFETY AND HEALTH FITNESS
SECTION 1 . The City and the employees of the City agree to comply with all applicable federal
and state laws which relate to health and safety.
SECTION 2. HEALTH FITNESS PROGRAM In an effort to improve and maintain the
physical and mental well being of all sworn Police personnel, and to reduce the frequency and
intensity of work - related injuries and illness, the Association and the City agree to the
following:
6077929.4 OR020 -060 28
A. Smoking
1) As a condition of employment, employees hired after September 1, 1984 shall
refrain from smoking while on duty and effective March 6, 1994 new employees
shall refrain from using any tobacco products while on duty.
2) Existing employees will be encouraged but not required to become non - smokers.
Employees will be provided with information, training, and/or other assistance
as necessary to assist in such effort.
3) Designated smoking /non - smoking areas will be established in Police
Department buildings and facilities.
B. Drug and Alcohol Program The Association agrees to support the City -wide drug and
alcohol policy for all personnel and will continue to enforce all Orange Police
department policies regarding drug and alcohol use for sworn personnel.
Article XX
TRAVEL EXPENSE ALLOWED
SECTION 1 . The parties agree to incorporate by reference Policy No. 209 and existing
departmental policies and written procedures covering the subject of travel expense allowance.
The City will provide reimbursement for employees who use a personal vehicle for City
business, at the maximum rate per mile provided under the current IRS guidelines. In addition,
when an employee is required to remain at an out -of -town location for an entire day, the City
will provide the employee with his or her own hotel room so that the employee will not be
required to share a hotel room with another individual.
Article XXI
EMPLOYEE ORGANIZATIONAL RIGHTS AND
RESPONSIBILITY
SECTION 1. DUES DEDUCTIONS The City shall deduct dues, on a regular basis, from
the pay of all employees recognized to be represented by the Association, who voluntarily
authorize such deduction, in writing, on a form to be provided for this purpose which is mutually
agreed to by the Association and the City. The City shall remit such funds to the Association
within ten days following their deduction
SECTION 2. INDEMNIFICATION The Association agrees to hold the City harmless and
indemnify the City against any claims, causes of actions, or lawsuits arising out of the
deductions or transmittal of such funds to the Association, except the intentional failure of the
City to transmit, to the Association, moneys deducted from the employees pursuant to this
Article.
6077929.4 OR020 -060
29
SECTION 3. ASSOCIATION RELEASE TIME Upon notice to the City, and approval of the
Police Chief, or his designee, the Association President or designated members of the
Association shall be granted leave from work to attend to Association related training, seminars,
or other lawful association related business. The Police Chief, or his designee, is authorized to
grant up to a total of 130 hours off with pay per calendar year for the Association President or
designated members (not 130 hours per member) for conducting Association related business.
Release time shall be approved by the Police Chief and shall not be unreasonably withheld. Any
unused hours provided by the City shall be rolled over from one fiscal year to the next, provided
that the total shall not exceed 260 hours.
SECTION 4. AGENCY SHOP With the parties unable to reach agreement on an agency shop
agreement, the parties agree that the time period for negotiations specified in California
Government Code Section 3502.5(b) has expired. COPA is thus permitted to move on its own
for an agency shop election per Government Code 3502.5.
Article XXII
LAY -OFF PROCEDURES
SECTION 1. PURPOSE The purpose of this article is to establish and communicate the City's
procedures when a lay -off or reduction in force is necessary. All Divisions or assignments
within the Department are subject to lay -offs or reductions in force at the direction of the City
Manager.
SECTION 2. POLICY The City retains the right to abolish any position, reduce the work force
and lay -off employees when it becomes necessary due to economic conditions, organizational
changes, lack of work, or because the necessity of a position no longer exists. The following
criteria shall be followed during a layoff or reduction in force.
SECTION 3. PROCEDURE
A. The order of layoff or reduction in force within the Department and by classification
shall be in the following order.
1) Temporary employees (19 hours or less)
2) Probationary employees
3) Regular part-time employees
4) Regular full -time employees
B. The order of lay -offs and reductions in force shall be based on Department seniority
within the classification as calculated by the Human Resources Director.
C. Whenever an employee is to be laid off, he may transfer or demote to a vacant position
in a lower classification that he previously held within the Police Department. The
employee may also transfer or demote to a vacant position in any other Department
provided that:
6077929.4 OR020 -060 30
1) The position is the same or lower classification;
2) The position is authorized, budgeted and the City intends to fill the vacancy;
3) The employee meets the qualification of the new position.
D. Whenever an employee is to be laid off, he may transfer or demote to a filled position in
a lower classification within the Police Department provided that he:
1) Previously held or supervised a position in the lower classification;
2) Meets or can reasonably meet the qualifications for the new position as
determined by the Human Resources Director;
3) Possesses greater seniority with the Police Department to displace an employee
in the lower classification;
4) Requests the demotion in writing within seven (7) days of receiving the layoff
notice;
5) Such demotions or transfers shall be from classification to classification
without regard for previously held special assignments. Employees have no
right to assume a previously held special assignment;
6) Management employees who demote or transfer to a lower classification may
not displace another employee in a special assignment unless that employee is
laid off due to the order of lay -off as established per Section 3(A).
E. Employees from other Departments may not fill vacancies in the Police Department
unless all qualified Police employees have refused to accept the vacant position.
Employees from other Departments may not displace Police Employees.
F. Employees to be laid off shall be provided written notice at least seven (7) days in
advance of the lay -off. Notice will be hand delivered to the employee whenever
possible. If personal delivery is not possible, the notice must be sent by certified mail
to the last known address of the employee.
G. Regular employees who are laid off shall be placed on a re- employment list for the last
classification held. Names shall be placed on the list in inverse order of seniority (last
released -first re- hired). Vacancies to be filled will be offered first to employees on the
re -hire list.
Other hiring departments must give priority consideration to those employees who
appear on a re -hire list for the same or similar classification. Ineligible employees are
not selected for re -hire, the reason for non - selection must be approved by the Human
Resources Director.
Employees re -hired by the Police Department must first meet all State and local requirements
for the position. Such requirements include, but are not limited to: POST certification,
background investigation, psychological evaluation and medical clearance.
6077929.4 OR020 -060
31
Names of qualified individuals shall remain on the re -hire list for two (2) years. Individuals
who refuse to accept a re -hire or who do not respond within seven (7) days to a written notice
that has been sent to their last known address shall be removed from the re -hire list. It is the
employee's responsibility to provide the Human Resources Department with a current
mailing address. Once re- hired, the employee will be removed from all re -hire lists.
Article XXIII
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
Memorandum of Understanding or by law to manage the City, as such rights existed prior to
the execution of this Memorandum of Understanding. The sole and exclusive rights of
Management, as they are not abridged by this Agreement or by law, shall include, but not be
limited to, the following rights:
A. To manage the City generally and to determine the issue 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. Methods of financing.
F. Types of equipment or technology to be used.
G. To determine and/or change the facilities, methods, technology, means, and size of the
work force by which the City operations are to be conducted.
H. To determine and change the 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 or similar non - disciplinary
reasons.
6077929.4 OR020 -060 32
K. To establish and modify productivity and performance programs and standards.
L. To discharge, suspend, demote, or otherwise discipline employees for proper cause
in accordance with the provisions of procedures set forth in Departmental
Disciplinary Procedure.
M. To determine job classifications and to reclassify employees.
N. To hire, transfer, promote, and demote employees for non - disciplinary reasons in
accordance with this Memorandum of Understanding.
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 Agreement.
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 the Association
regarding the impact of the contemplated exercise of such rights prior to exercising such rights,
unless the matter of the exercise of such rights is provided for in this Memorandum of
Understanding.
Article XXIV
NO STRIKE
PROHIBITED CONDUCT
SECTION 1 . The Association, its officers, agents, representatives, and /or members agree that
during the term of this Agreement, they will not cause or condone any unlawful strike, walkout,
slowdown, sick -out, or any other unlawful job action by withholding or refusing to perform
services.
SECTION 2 . Any employee who participates in any conduct prohibited in Section 1 above
shall be subject to termination by the City in accordance with the procedures set forth in
applicable State laws and Departmental Disciplinary Manual.
6077929.4 OR020 -060
33
SECTION 3 . In addition to any other lawful remedies or disciplinary actions available to the
City, if the Association fails, in good faith, to perform all responsibilities listed below in Section
1, Association Responsibility, the City may suspend any and all of the rights, privileges,
accorded to the Association under the Employer - Employee Relations Resolution in this
Memorandum of Understanding, including but not limited to suspension of the Grievance
Procedure and dues deduction.
ASSOCIATION RESPONSIBILITY
SECTION 1 . In the event that the Association, its officers, agents, representatives, or members
engage in any of the conduct prohibited in Section 1 above, Prohibited Conduct, the Association
shall immediately instruct any persons engaging in such conduct that their conduct is in
violation of this Memorandum of Understanding and unlawful, and they must immediately
cease engaging in conduct prohibited in Section 1 above, Prohibited Conduct, and return to
work.
SECTION 2 . The City agrees to hold the Association harmless and indemnify the Association
against any claims, causes of actions, or lawsuits arising out of damages related to prohibited
conduct in Section 1 above, Prohibited Conduct, when the Association, in good faith, performs
its responsibilities under Section 1 above, Association Responsibility.
Article XXV
GRIEVANCE PROCEDURE
SECTION 1. DEFINITION OF GRIEVANCE A grievance shall be defined as a timely
complaint by an employee or group of employees or the Association concerning the
interpretation or application of specific provisions of this Memorandum of Understanding, or
of the Rules and Regulations governing personnel practices or working conditions of the City.
No employee shall suffer any reprisal because of filing or processing of a grievance or
participating in the Grievance Procedure.
SECTION 2. TIME LIMIT FOR FILING WRITTEN FORMAL GRIEVANCES The time
limits for filing written formal grievances shall be strictly construed, but may be extended by
mutual agreement evidenced, in writing, and signed by a duly authorized representative of the
City and of the grieving party. Failure of the grieving party to knowingly fail to comply with any
of the time limits set forth herein shall bar further processing of the grievance. Failure of the City
to comply with the time limits set forth in this Article shall automatically move the grievance to
the next level in the Grievance Procedure. The grieving party may request the assistance of the
Association in presenting a grievance at any level of review or may represent himself.
Grievances shall be presented on City time.
6077929.4 OR020 -060
34
SECTION 3. INFORMAL PROCESS An employee must first attempt to resolve the
grievance on an informal basis by discussion with his immediate supervisor without undue
delay, or in no case, more than fifteen (15) calendar days of discovery of the act or omission
giving rise to the grievance.
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 Chief of Police. In order that this informal procedure may be responsive, all parties
involved shall expedite this process. When, within fifteen (15) calendar days, a mutually
acceptable solution has not been reached at the informal level, the employee shall submit the
grievance in writing, on a Grievance form, to be mutually agreed to by the City and the
Association, to the Chief of Police. The grievant is to state the remedy requested to resolve the
grievance. At this point, the grievance hearing process becomes formal. Should the grievant fail
to file a written grievance within fifteen (15) calendar days, as outlined under Section 4, the
grievance shall be barred and waived.
SECTION 4. FORMAL PROCESS, HUMAN RESOURCES DIRECTOR CHIEF OF POLICE
If the grievance is not resolved through the informal process, and a written grievance is filed
within the time limits set forth above, the grievant shall discuss the grievance with the Human
Resources Director and the Chief of Police. The Human Resources Director and the Chief of
Police shall render a decision and comments, in writing, regarding the merits of the grievance
and return them to the grievant within fifteen (15) calendar days after receiving the grievance.
SECTION 5. FORMAL PROCESS, CITY MANAGER If the grievance is not resolved in
Section 4 above, or if no answer has been received from the Human Resources Director and
Chief of Police within fifteen (15) calendar days from the presentation of the written grievance
to the Human Resources Director and the Chief of Police, the written grievance shall be
presented to the City Manager, or his duly authorized representative, for determination. Failure
of the grievant to take this action will constitute a waiver and bar to the grievance, and the
grievance will be considered settled on the basis of the last Management grievance response.
The City Manager, or his duly authorized representative, shall render a final decision on the
merits of the grievance and comments, in writing, and return them to the grievant within fifteen
15) calendar days after receiving the grievance. After this procedure is exhausted, the grievant,
the Association, and the City shall have all rights and remedies to pursue said grievance under
the law.
In grievances filed to challenge the imposition of all discipline, the final step in the formal
administrative process shall be a decision rendered by a Hearing Officer following a full and
fair evidentiary hearing conducted by a Hearing Officer. If the parties cannot agree on the
identity of the Hearing Officer, the parties shall procure from the State Conciliation Service a
list of seven (7) qualified Hearing Officers. Each party shall alternatively strike one name from
the list until only one person remains, who shall be the Hearing Officer. The determination as
to which party strikes first shall be made on a random basis.
6077929.4 OR020 -060
35
The Hearing Officer shall determine whether good cause exists for the imposition of discipline
and, if so, the appropriate degree of discipline, provided that the Hearing Officer may not
impose more severe discipline than that assessed by the Police Department. The decision of the
hearing officer is subject to the right of either party to seek judicial review pursuant to Section
1094.5 of the California Code of Civil Procedure. Effective October 4, 2015, the cost of the
Hearing Officer shall be paid by the City.
Article XXVI
MISCELLANEOUS PROVISIONS
SECTION 1. PURGING OF DISCIPLINE DOCUMENTATION An employee may request
to purge documentation of discipline older than five (5) years from the date of the discipline
from his department file, including the employee performance evaluations which refer to the
discipline being purged. Portions of a performance evaluation relating to disciplinary action
may be deleted solely at the discretion of the Police Chief. The Police Chief reserves the right
to retain or purge documents requested by an employee under this section. Copies of any
discipline forwarded and retained in the Human Resources Department will remain in the
employee's personnel file, however, if the discipline documentation meets the five (5) years
criteria, the employee may request to have the purged documents placed in a sealed envelope
within the personnel file. This action must be approved by the Human Resources Director.
SECTION 2. Direct Deposit City employees are required to participate in the City's direct
paycheck deposit program.
Article XXVII
SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING
SECTION 1 . It is the intent of the parties hereto that the provisions of this Memorandum of
Understanding shall supersede all prior agreements and memorandums of agreement, or
memorandums of understanding, or contrary salary and /or personnel resolutions or
Administrative Codes, provisions of the City, oral and written, expressed or implied, between
the parties, and shall govern the entire relationship and shall be the sole source of any and all
rights which may be asserted herein. This Memorandum of Understanding is not intended to
conflict with federal or state law.
Article XXVIII
WAIVER OF BARGAINING DURING THE TERM OF THIS
AGREEMENT
During the term of this Memorandum of Understanding, the parties mutually agree that they
will not seek to negotiate or bargain with regard to wages, hours, and terms and conditions of
employment, whether or not covered by the Memorandum or in the negotiations leading thereto,
6077929.4 OR020 -060 36
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 XXIX
EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as acts of God, fire, flood,
insurrection, civil disorder, national emergency, or similar circumstances, provisions of the
Memorandum of Understanding 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 Memorandum of Understanding
will be reinstated immediately. The Association shall have the right to meet and confer with the
City regarding the impact on employees of the suspension of the provisions in the Memorandum
of Understanding during the course of the emergency.
Article XXX
SEPARABILITY PROVISION
Should any provision of this Memorandum of Understanding be found to be inoperative, void,
or invalid by a court of competent jurisdiction, all other provisions of this Memorandum of
Understanding shall remain in full force and effect for the duration of this Memorandum of
Understanding.
Article XXXI
TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding shall commence on July 1, 2015 and shall
continue in full force and effect until June 30, 2017.
6077929.4 OR020 -060
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Article XXXII
RATIFICATION AND EXECUTION
The City and the Association have reached an understanding as to certain recommendations to
be made to the City Council for the City and have agreed that the parties hereto will jointly
urge said Council to adopt a new wage and salary resolution which will provide for the changes
contained in said joint recommendations. The City and the Association acknowledge that this
Memorandum of Understanding shall not be in full force and effect until adopted by the City
Council of the City of Orange. Subject to the foregoing, this Memorandum of Understanding
is hereby executed by the authorized representatives of the City and the Association and
entered into this 14th day of February 2017.
CITY OF ORANGE CITY OF ORANGE
POLICE ASSOCIATION
Dated: 4 1Y It?
By. Wa t., Y. A a ? C_
Ter sa E. Smith, Mayor
Attest:
Mary E. y, City
Approved as to form:
aura J. Kalty It
Special Counsel for the City
Dated: 2l
c
By•
Lee Valdez, President
r .
6077929.4 OR020 -060
38
i
Appendix "A"
CITY OF ORANGE POLICE ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE JUNE 29, 2014
Classification Title
Salary
Range
STEP A
STEP B
After 1
year
STEP C
After 1
year
STEP D
After 1
year
STEP E
After 1
year
STEP
After
yea
Civilian Investigative Officer 501 4339 4561 4793 5038 5295 5565
Court Liaison Officer 491 4128 4339 4560 4793 5037 5294
Crime Prevention Specialist 509 4516 4746 4988 5243 5510 5791
Forensic Services Specialist 501 4339 4561 4793 5038 5295 5565
Parking Control Officer 1I 468 3681 3868 4066 4273 4491 4720
Police Administrative Assistant 481 3927 4128 4338 4559 4792 5036
Police Armorer 481 3927 4128 4338 4559 4792 5036
Police Clerk 460 3537 3717 3907 4106 4315 4535
Police Code Enforcement Officer 534 5116 5376 5651 5939 6242 6560
Police Dispatch Shift Supervisor 538 5219 5485 5765 6059 6368 6692
Police Dispatcher 520 4771 5014 5270 5538 5821 6118
Police Officer 567 6031 6338 6662 7001 7358 7734
Police Records Clerk 460 3537 3717 3907 4106 4315 4535
Police Records Shift Supervisor 520 4771 5014 5270 5538 5821 6118
Police Services Officer 481 3927 4128 4338 4559 4792 5036
Police Subpoenas & Warrants Specialist 481 3927 4128 4338 4559 4792 5036
Police Training Coordinator 491 4128 4339 4560 4793 5037 5294
Police Volunteer Coordinator 509 4516 4746 4988 5243 5510 5791
Property Officer 495 4211 4426 4652 4889 5138 5400
Senior Police Clerk 480 3908 4107 4317 4537 4768 5011
39
6077929.4 OR020 -060
Appendix "A" (Continued)
CITY OF ORANGE POLICE ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE OCTOBER 4, 2015
2.0% Salary Increase for Non -Sworn Classifications
EFFECTIVE NOVEMBER 1, 2015
3.0% Salary Increase for Sworn Classifications
Civilian Investigative Officer
STEP B STEP C STEP D STEP E STEP F
Salary STEP After 1 After 1 After 1 After 1 After 1
Classification Title Range A year year year year year
Civilian Investigative Officer 505 4427 4652 4890 5139 5401 5677
Court Liaison Officer 495 4211 4426 4652 4889 5138 5400
Crime Prevention Specialist 513 4607 4842 5089 5348 5621 5908
Forensic Services Specialist 505 4427 4652 4890 5139 5401 5677
Parking Control Officer II 472 3755 3946 4148 4359 4582 4815
Police Administrative Assistant 485 4006 4211 4426 4651 4888 5138
Police Armorer 485 4006 4211 4426 4651 4888 5138
Police Clerk 464 3608 3792 3985 4189 4402 4627
Police Code Enforcement Officer 538 5219 5485 5765 6059 6368 6692
Police Dispatch Shift Supervisor 542 5324 5595 5881 6181 6496 6827
Police Dispatcher 524 4867 5115 5376 5650 5938 6241
Police Officer 573 6214 6531 6864 7214 7582 7969
Police Records Clerk 464 3608 3792 3985 4189 4402 4627
Police Records Shift Supervisor 524 4867 5115 5376 5650 5938 6241
Police Services Officer 485 4006 4211 4426 4651 4888 5138
Police Subpoenas & Warrants Specialist 485 4006 4211 4426 4651 4888 5138
Police Training Coordinator 495 4211 4426 4652 4889 5138 5400
Police Volunteer Coordinator 513 4607 4842 5089 5348 5621 5908
Property Officer 499 4296 4515 4746 4988 5242 5509
Senior Police Clerk 484 3987 4190 4404 4628 4864 5112
40
6077929.4 OR020 -060
Appendix "A" (Continued)
CITY OF ORANGE POLICE ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE JUNE 26, 2016
2.0% Salary Increase for Non -Sworn Classifications
EFFECTIVE AUGUST 7, 2016
3.0% Salary Increase for Sworn Classifications
STEP B STEP C STEP D STEP E STEP F
Salary STEP A After 1 After 1 After 1 After 1 After 1
Classification Title Range year year year year year
Civilian Investigative Officer 509 4516 4746 4988 5243 5510 5791
Court Liaison Officer 499 4296 4515 4746 4988 5242 5509
Crime Prevention Specialist 517 4700 4939 5191 5456 5734 6027
Forensic Services Specialist 509 4516 4746 4988 5243 5510 5791
Parking Control Officer Il 476 3831 4026 4231 4447 4674 4912
Police Administrative Assistant 489 4087 4296 4515 4745 4987 5241
Police Armorer 489 4087 4296 4515 4745 4987 5241
Police Clerk 468 3681 3868 4066 4273 4491 4720
Police Code Enforcement Officer 542 5324 5595 5881 6181 6496 6827
Police Dispatch Shift Supervisor 546 5431 5708 5999 6305 6627 6965
Police Dispatcher 528 4965 5218 5484 5764 6058 6367
Police Officer 579 6403 6729 7073 7433 7812 8211
Police Records Clerk 468 3681 3868 4066 4273 4491 4720
Police Records Shift Supervisor 528 4965 5218 5484 5764 6058 6367
Police Services Officer 489 4087 4296 4515 4745 4987 5241
Police Subpoenas & Warrants Specialist 489 4087 4296 4515 4745 4987 5241
Police Training Coordinator 499 4296 4515 4746 4988 5242 5509
Police Volunteer Coordinator 517 4700 4939 5191 5456 5734 6027
Property Officer 503 4383 4606 4841 5088 5348 5620
Senior Police Clerk 488 4067 4274 4492 4721 4962 5215
41
6077929.4 OR020 -060