RES-10779 Memorandum For Orange Police AssociationRESOLUTION NO. 10779
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE REPEALING RESOLUTION NO.
10333 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, 2012
THROUGH JUNE 30, 2015.
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, 2012 through June 30, 2015
and have repealed Resolution No. 10333 thereto for said employees, as more particularly set
forth in the Memorandum of Understanding; and
WHEREAS, on September 24, 2013 the City Council of the City of Orange adopted
Resolution No. 10734, 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, 2012 through June 30, 2015; 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 9 day of September, 2014.
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Teresa . Smith, Mayor, City of Orange
ATTEST:
Mary E. City Clerk, Ci 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 9 day of September, 2014 by the
following vote:
AYES:COUNCIL MEMBERS:Alvarez, Whitaker, Smith, Murphy, Bilodeau
NOES:COUNCIL MEMBERS:None
ABSENT:COUNCIL MEMBERS:None
ABSTAIN:COUNCIL MEMBERS:None
Mary E. City Clerk, Cit Orange
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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
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 earnable 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.
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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.
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 CalPERS 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 (5) percent 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
CalPERS 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 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.
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