RES-10225 Memorandum of Understanding Orange Municipal Employees' AssociationRESOLUTION NO. 10225
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF ORANGE
AND THE ORANGE MUNICIPAL EMPLOYEES'
ASSOCIATION RELATING TO THE WAGES, HOURS,
AND OTHER CONDITIONS OF EMPLOYMENT
EFFECTIVE JULY 1, 2007 THROUGH AND INCLUDING
JUNE 30, 2010 AND REPEALING RESOLUTION NO. 10004
AND AMENDMENTS THERETO FOR SAID EMPLOYEES.
WHEREAS, the City of Orange, hereinafter referred to as City, and the Professional, Technical
and Clerical Unit, represented by Orange Municipal Employees' Association, hereinafter referred to as
Association, have met and conferred in accordance with requirements of the Meyers-Milias-
Brown
Act;and WHEREAS, the City and the Association have reached an agreement on wages,
salaries, and other working conditions effective July 1, 2007 through and including June 30, 2010
and repealed Resolution No. 10004 and amendments thereto for said employees, as set forth in the
Memorandum of
Understanding; and WHEREAS, on August 14,2007, the City Council of the City of Orange adopted
Resolution No.10209, a Resolution of the City Council of the City of Orange Establishing a Letter
of Understanding Between the City of Orange and the Orange Municipal Employees' Association
Concerning Wages,Hours, and Other Conditions of Employment Effective July 1, 2007 through and including June
30, 2010 and Repealing Resolution No. 10004 and Amendments Thereto for Said
Employees; 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 agreement between the Association and the City is approved and that a Memorandum
of Understanding MOD) will be finalized and incorporated by reference as
Exhibit A.ADOPTED this 13th day of
ATTEST:
It
Mary E.
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 13th day of November, 2007 by the following vote:
AYES: COUNCILMEMBERS: SMITH, MURPHY, CA VECCHE, DUMITRU, BILODEAU
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
11
Exhibit "A"
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORANGE AND THE
ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION
JULY 1, 2007 THROUGH JUNE 30, 2010
Article No.
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
ORANGE MUNICIPAL EMPLOYEES ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
Article Title Pae:e No.
Recognition 1
Non-Discrimination
1 Salaries
1 Basic Compensation Plan, Salary
Schedule,Hourly Rate Part-time Employees, Beginning
Rates, Service,Advancement within Salary Schedule, Reduction in
Salary Steps,Bilingual Assignment, Shift Differential,
Special Assignments,Certification Bonuses,
Performance Evaluations Work
Week 6
Probation 6
Promotion 6
Demotion 7 Reassignment of Compensation
Ranges 7 Working Out of
Class 8 Overtime/Compensatory
Time/ 8 Call
Back Compensation
Holidays 10
Vacation 11 Part-Time and
Temporary Employee l2 Eligibility
for Fringe Benefits Leaves
of Absence 12 Leave of Absence Without Pay,
Personal Necessity Leave,Jury Duty and Witness Services, Military
Leave, Sick Leave,Family Leave, Bereavement
Leave, Workers' Compensation,Family
Article No. Article Title Pae:e No.
XV Fringe Benefit Administration l8
XVI Health Benefits l8
XVII Educational Assistance Program 19
XVIII Retirement 21
XIX Miscellaneous Provisions 22
Rideshare Incentive, Uniforms, Safety Shoes, Rest Breaks,
Direct Deposit
XX Travel Expense Allowed 22
XXI Safety and Health 23
XXII City Rights 23
XXIII Employee Organizational Rights and 25
Responsibilities
XXIV Grievance and Disciplinary Appeals Procedure 25
XXV No Strike-No Lockout
28 XXVI OMEA Representatives
29 XXVII Layoff Procedure
29 XXVIII Sole and Entire Memorandum of Understanding
31 XXIX Waiver of Bargaining During the Term of this MOU
32 XXX Emergency Waiver Provision
32 XXXI Separability Provision
32 XXXII Term of Memorandum of Understanding
32 XXXIII Ratification and Execution
33 Appendix A Monthly Salary Ranges
34
Article I
RECOGNITION
SECTION 1. Pursuant to the provisions of the Employer-Employee Relations Resolution No. 36ll
of the City of Orange, the City of Orange (hereinafter referred to as City), for the purpose of meeting
its obligations under the Meyers-Milias-Brown Act (Government Code Section 3500
et seq.), Employee Relations Resolution No. 3611 and this Memorandum of Understanding (hereinafter
referred to as MOU) has recognized the Orange Municipal Employees' Association (hereinafter
referred to as Association) as the majority representative of the Professional, Technical and
Clerical bargaining
unit.
Article II NON-DISCRIMINATION SECTION l. The parties mutually recognize and agree to protect the rights of
all employees hereby to join and/or participate in protected Association activities or to refrain from
joining or participating in protected activities in accordance with the Employer-
Employee Relations Resolution and Government
Code Sections 3500 et. seq.SECTION 2. The City and the Association agree that they shall
not discriminate against any employee because of race, color, sex, age, national origin, political or
religious opinions or affiliations, mental and/or physical disability, marital status, veteran status, sexual
orientation, or any other lawfully protected class. The City and the Association shall reopen any provision of this
MOU for the purpose of complying with any order of a federal or state agency or court
of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU in
compliance with
state or federal anti-discrimination laws.SECTION 3. Whenever the masculine gender is used in this MOU, it
shall be
understood to include the feminine gender.SECTION 4. The term "employee(s)" shall refer only to
those employees
covered
by this MOU.Article III SALARIES SECTION 1. BASIC COMPENSATION PLAN. There
is hereby established a basic compensation plan for all members of the bargaining unit who are now employed or will
in the future be employed in any of the designated classifications of employment listed
in this MOU and its attachments.SECTION 2. SALARY SCHEDULE. Salaries effective June 24, 2007,
June 22, 2008, and June 21,2009 for employees covered by this MOU are listed in Appendix
A. The salary and wage schedules listed in Appendix A of this MOU constitute the basic monthly
compensation
plan
The salary and wage schedules attached hereto shall constitute the basic compensation plan consisting of
six steps or rates of pay in each range. The respective ranges shall be identified by number and the steps
by the letters "A" to "F" inclusive. The minimum length of service required for advancement to the next
higher step, is described in Section 6 hereof.
SECTION 3. HOURLY RATE PART-TIME
EMPLOYEES.A. For all employees who have a regular weekly work schedule of 40 hours, the
equivalent hourly rate of pay shall be the monthly rate times 12 divided by 2,080 annual hours.
The hourly rate for persons employed on a regular part-time or temporary basis in
an equivalent classification shall be determined in the same manner. In determining the hourly
rate as herein provided, compensation shall be made to the nearest '
li cent.B. Regular part-time employees who are scheduled to work on an average of at
least 20 hours per week on a year-round basis may be considered for advancement to
the next higher step upon completion of hours of employment equal to the minimum
number of months of service required by full-time employees. One thousand-
forty hours (1,040 hours) of regular part-
time employment shall equal six months' service.SECTION 4. BEGINNING RATES. A new employee of the City shall
be paid the rate shown as Step A" in the range allocated to the class of employment for which he
has been hired, except that on the request of the department head under whom the employee will
serve, and with the authorization of the Personnel Director, such employee may be placed in Step "B", "C", "
D", "E", or "
F" depending upon the employee's qualifications.SECTION 5. SERVICE. The word "service" as used in this
MOU shall be defined to mean continuous,full-time service in an employee's present classification, service
in a higher classification, or service in a classification allocated to the same salary
range and having generally similar duties and requirements.A lapse of service by any employee for a period of time longer
than 30 days by reason of resignation or discharge shall serve to eliminate the accumulated length
of service time of such employee for the purpose of this MOU. An employee re-entering the service
of the City shall be considered as a new employee, except that he may be re-employed within one
year and placed in the same salary step in the appropriate compensation range as
he was at the time of the termination of employment.
SECTION 6. ADVANCEMENT WITHIN SALARY
SCHEDULE. The following regulations shall govern salary advancement within ranges:A. Merit Advancement. An
employee may be considered for advancement through the salary range upon completion of the minimum length
of service as specified in Section 6(A)(3) below.Advancement through the
salary range may be granted only for continuous, meritorious, and efficient service, and
continued improvement by the employee in the effective performance of the duties of his position. A merit increase
shall become effective the first day of the pay period following completion of the
length of
service required for such advancement and shall require the following:1) The department head in the
department in which the employee is employed shall file with the
Personnel Director a Personnel Action Form and a completed Performance Evaluation form
recommending
supporting such recommendation with specific reasons therefore. A disapproval from the
Personnel Director, together with the reasons therefore, shall be returned to the
department head.
2) The recommendation of the department head, after approval of the Personnel Director,
shall be forwarded to the Payroll Division of the Finance Department for change of
payroll status.
3) Advancement through the pay range Step "A" through Step "F" shall occur in yearly
increments.
B. Special Merit Advancement. When an employee demonstrates exceptional ability and
proficiency in the performance of his duties, his department head may recommend to the
Personnel Director that said employee be advanced to a higher pay step without regard to the
minimum length of service provisions contained in this MOU. The Personnel Director may, on
the basis of a department head's recommendation, approve and effect such advancement.
C. Length of Service Required When Advancement is Denied. When an employee has not been
approved for advancement to the next higher salary step, he may be reconsidered for such
advancement at any subsequent time. This reconsideration shall follow the same steps and shall
be subject to the same action as provided in the Section 6(A).
D. Flexible Staffing. The City shall implement a system of flexible staffing for certain positions in
this Association. Employees in the classifications of Building Inspector, Construction Inspector
I, Engineering Technician I, Assistant Civil Engineer, Assistant Planner, Librarian I, and Traffic
Signal Technician I are eligible for the classification of Combination Building Inspector,
Construction Inspector II, Engineering Technician II, Associate Civil Engineer, Associate
Planner, Librarian II, and Traffic Signal Technician II respectively. To qualify for the higher-
level position the employee must be performing at a competent level and have gained the
experience and knowledge to perform the full range of journey level tasks and fulfilling any
special requirements based on the judgment of the applicable department head with final
approval of the Personnel Director.
SECTION 7. REDUCTION IN SALARY STEPS. Any employee who is being paid on a salary step
higher than Step "A" may, for disciplinary reasons, be reduced by one or more steps upon the
recommendation of the head of the department in which he is employed with the approval of the
Personnel Director. Procedure for such reduction shall follow the same procedure as outlined for merit
advancement and such employee may be considered for re-advancement under the same provisions
as contained in Subsection B of Section
6.SECTION 8. BILINGUAL ASSIGNMENT. Employees may be assigned by the department head to
a Bilingual Assignment. Bilingual Assignments shall be made on the following
basis:A. The department head shall determine the number of Bilingual Assignment positions which
are necessary based upon a demonstrable need and frequency of
use;B. All Bilingual Assignments must be approved by the Personnel Director or his
designee;
C. Employees receiving Bilingual Assignment compensation may be required to take and pass a
proficiency test on an annual or as needed basis as determined by the Personnel Services
Department;
D. No permanency or seniority may be obtained in a Bilingual Assignment and such assignment
may be revoked at any time by the Personnel Director or his designee;
E. No employee shall be required to perform a Bilingual Assignment on a regular basis or employ
bilingual skills on a regular basis who is not receiving bilingual pay pursuant to this section; and
F. Such employees on Bilingual Assignment shall receive $140.00 per month during the period of
the assignment.
SECTION 9. SHIFT DIFFERENTIAL.
A. All regular full-time library personnel and all part-time library personnel budgeted to
work 20 hours or more per week on a fiscal year basis herein who are regularly assigned on
a weekly basis to a shift working after 6:00 p.m. and/or who work on a Saturday, Sunday,
or Holiday,shall be eligible to receive an additional $2.50 per hour for all shift hours worked (i.
e., only those hours worked after 6:00 p.m., as well as all hours on Saturdays, Sundays,
and Holidays).This $2.50 per hour shall increase to $3.00 per hour effective July
1,2008.In no event shall the provisions described within this section apply to any personnel
who are holding over, extending, or filling in on an overtime basis their regular work
shift. Whenever two or more rates may appear applicable to the same hour or hours worked by
any employee,there shall be no pyramiding or adding together of such rates and only the
higher applicable rate
shall apply.B. Split Shift Differential. Where management asks an employee to leave their regular
shift early and return to work at a later time, the City will provide an additional $1.00 per
hour, for benefited Library employees only, for each hour worked on their
second shift.C. Code Enforcement Officer and Environmental Compliance Specialist Shift
Pay. Code Enforcement Officers and Environmental Compliance Specialists who are
regularly assigned on a weekly basis to work on Saturdays shall be eligible to receive an additional $2.
78 per hour for all hours worked on Saturdays in addition to regular salary. This $2.78 per
hour shall increase to $3.00 per hour effective July
1,2008.SECTION lO.
SPECIAL ASSIGNMENTS.A. SHORTHAND SKILLS ASSIGNMENT. Effective July 15, 1990, new employees
who are employed in the classification of Secretary and who are assigned to a
position requiring shorthand skills may receive $50.00 per month shorthand bonus based on
criteria established by the Personnel Director. Employees assigned to Secretary positions prior to July
15, 1990 shall receive $50.00 per month shorthand
bonus pay.B. LIBRARY SITE SUPERVISOR ASSIGNMENT. Employees classified as Librarian
II may be assigned as the "Site Supervisor" by the department head or his
designee.
employees, for the period of such assignment, shall be paid an additional 10% on top of their
current salary.
SECTION l1. CERTIFICATION BONUSES.
A. State of California Department of Health Services Water Distribution Operator
Certification:
1. Employees classified as Construction Inspector or Engineering Technician who
possess a Grade I Water Distribution Certificate (D-l) shall receive a
flat 75.00 per month
bonus.11. Employees classified as Construction Inspector or Engineering Technician
who possess a Grade II Water Distribution Certificate (D-2) shall receive
a flat 100.00 per
month bonus.111. Employees classified as Assistant Civil Engineer, Associate
Civil Engineer,Construction Inspector, or Engineering Technician, assigned to
the Water Division who possess a Grade III Water Distribution Certificate (
D-3) shall receive a flat $150.00
per month bonus.B. California Water Environmental Association (
CWEA) Sanitation Certification:i. Employees classified as Environmental Compliance Specialist
who possess a CWEA Grade I Sanitation Certificate shall receive a flat $75.
00
per month bonus.11. Employees classified as Environmental Scientist who possess
a CWEA Grade III Sanitation Certificate shall receive a flat $l 00.00
per month bonus.C. An employee who possesses two (2) or more of the above certifications
is eligible to receive only the highest grade-certificate bonus. There shall
be no
pyramiding of certificate bonuses.SECTION 12. PERFORMANCE EV ALUA TIONS. The City shall
maintain an employee performance rating system designed to give a fair evaluation of the quantity and quality of
work
performed by an employee.A. Performance evaluation reports shall be prepared and recorded in the
employee's personnel file for all regular full-time and
regular part-time employees as follows:1) For probationary employees, at mid-point
and upon completion of a probationary period.2) For non-probationary employees, upon
completion of the next step and annually thereafter.B. Prior to the performance evaluation report becoming
part of the employee's personnel file, the
supervisor and the employee must review the evaluation.C. When a performance evaluation is recorded in the
employee's personnel file a copy of
the evaluation shall be given to the employee.D. The performance evaluation shall be
considered a confidential City record and the information shall not be disclosed except
on
E. Any disputes as to the contents of the evaluation shall first be discussed with the employee's
immediate supervisor and may be appealed through the appropriate chain of command up to the
department head whose decision will be final and binding.
Article IV
WORK WEEK
SECTION l. The regular workweek for all employees shall be 40 hours per week.
Article V
PROBATION
SECTION 1. INITIAL HIRES. An employee initially appointed to a class shall serve a probationary
period of 26 pay periods during which time he shall have an opportunity to demonstrate suitability for
the job. Under certain conditions, with approval of the Personnel Director, the department head may,
for just cause, extend the probationary period up to a maximum of an additional l3 consecutive pay
periods. The employee shall attain regular status in the class upon successful completion of the
probationary period or any extension of the probationary period. An initially appointed probationary
employee shall not be entitled to appeal termination.
SECTION 2. PROMOTIONS. An employee promoted to a class shall serve a probationary period of 26
consecutive pay periods during which time he shall have an opportunity to demonstrate suitability for
the job. Under certain conditions, with the approval of the City Manager, the department head may
extend the probationary period up to a maximum of an additional 13 consecutive pay periods. An
employee shall attain regular status in the higher class upon successful completion of the probationary
period. An employee who does not satisfy the standards of the class during the probationary period
shall be notified in writing and termination or demotion procedures shall be initiated. An employee
rejected or laid off during the probationary period from a position to which he has been promoted shall
be returned to the classification in which he had regular status unless the reasons for his failure to
complete his probationary period would be cause for dismissal.
SECTION 3. PROMOTIONAL AND COMPETITIVE EXAMS. Probationary employees are not
entitled to compete for a closed/promotional recruitment/selection process; they may, however, compete
for any open/competitive recruitment/selection processes.
Article VI
PROMOTION
SECTION 1. SALARY STEP ASSIGNMENT. When an employee is promoted to a position in a
higher classification, he may be assigned to Step "A" in the appropriate range for the higher
classification. However, if such employee is already being paid at a rate equal to or higher than Step
6
A," he may be placed in the step in that appropriate salary range as will grant him an increase of at
least one, but no more than three salary steps.
SECTION 2. ELIGIBILITY LIST. When eligibles remain in higher bands and a department head
selects an eligible in a lower band, upon request, the eligible in higher bands will be notified of the
reasons for their non-
selection.Article
VII
DEMOTION SECTION 1. When an employee is demoted, for disciplinary reasons to a position in a
lower classification, his salary rate shall be fixed in the appropriate salary range for the lower classification
in accordance with the following
provisions:A. The salary rate shall be reduced by at least one step;
and B. The new salary rate must be within the salary range for the classification to which
demoted.Article
VIII REASSIGNMENT OF COMPENSATION
RANGES SECTION 1. Any employee who is employed in a classification which is allocated to a different
pay range shall retain the same salary in the new range as he previously had in the prior range, and
shall retain credit for length of service acquired in the previously held step toward advancement to the
next higher step in the new salary range; provided,
however:A. That if such retention shall result in the advancement of more than one step, the City
Manager may, at his discretion, at the time of reassignment, place the employee in a step which will
result in an increase of only one
step.B. That if the reassignment 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 position shall be reassigned to
a compensation schedule which will allow for further salary advancement, or until such time as
the employee is promoted to a position assigned to a higher compensation
range.C. That if the reassignment is to a lower compensation range, the "F" step of which is higher
than the existing rate of pay, the employee shall be placed in that step of the lower
compensation range which is equivalent to the existing rate of pay, and shall retain credit for length of
service previously acquired in such step toward advancement to the next higher
step.D. The City Manager shall be permitted to reduce the salary range of any classification, but shall
not be able to increase the range when any position is
vacant.
Article IX
WORKING OUT OF CLASS
SECTION 1. The City may work employees out of classification for up to l4 consecutive working days
without additional compensation.
SECTION 2. Working out of class assignments shall only be made for positions vacated due to
illness, an approved leave of absence, or terminations.
SECTION 3. ACTING TIME PAY.
A. An employee shall receive acting time pay at the "A" Step of the higher class, or 5% above
the employee's regular salary, whichever is greater, for work performed within the higher
classification on the 15th consecutive day of working out of class, and for each consecutive
day thereafter an employee works out of class.
B. The department head or his designee shall assign the employee to work out of classification
but shall notify the Personnel Director prior to the assignment.
C. To qualify for working out of class pay, the employee must be performing all the
significant duties of the higher-level
position.SECTION 4. ELIGIBILITY PERIOD. During the l4 consecutive working day eligibility period
before an employee is entitled to receive acting time pay, absence for compensatory time and/or vacation
shall break consecutiveness and cause the 14 consecutive working day eligibility period to start
over.Absences for regularly scheduled holidays, regular days off, jury duty, and/or verifiable sick leave
shall not constitute a break in consecutiveness for acting pay
eligibility.Article
X OVERTIME/COMPENSATORY TIME/CALL BACK
COMPENSATION SECTION 1. ENTITLEMENT TO
OVERTIME.A. COMPENSATORY TIME. An employee covered by this MOU having an
average workweek of forty hours shall be entitled to compensatory time for all hours worked
in excess of 40 hours within the employee's workweek. Compensatory time shall
be accumulated at the rate of one-quarter (~) hour of compensatory time for
each one-quarter hour
of overtime worked.B. PREMIUM (TIME AND ONE-HALF) OVERTIME. Only time actually
worked (i.e., not holiday, vacation, sick leave, or compensatory time) over 40 hours in
an FLSA work period shall be paid at the premium (time and one-half) rate either in
the form
of
SECTION 2. COMPENSATORY TIME ACCUMULATION. Compensatory time shall be
accumulated to the nearest one-quarter (~) hour increment. Where an employee works less than
one-quarter (lit) hour per day of overtime, the employee shall not receive compensatory time, and such
time shall not count toward the computation of
overtime.SECTION 3. ELIGIBILITY. In order to be entitled to compensatory time, such compensatory
time must be authorized by the department head or his authorized
agent.SECTION 4. MAXIMUM COMPENSATORY TIME ACCRUAL. Any accumulated
compensatory time accrued in excess of 80 hours per calendar year shall be automatically paid on the first pay
period of the new calendar
year.SECTION 5. USE OF COMPENSATORY
TIME.A. Payment of Compensatory Time. Overtime shall be paid at the regular rate of payor equal
time off, when authorized by the department head and approved by the City
Manager.B. Payment Upon Termination. Employees shall be entitled to receive payment for all
accumulated compensatory time upon their
termination.C. Employees may convert accumulated compensatory time to
cash.SECTION 6. CALLBACK COMPENSATION. If employees are required to report back to work
after completing a normal work shift and have left the City premises and/or work location, they shall
be compensated in cash or as compensatory time off at the straight time rate for actual hours of work with
a minimum of three (3) hours call back compensation, regardless of whether the employee works less
than three (3) hours. This provision shall not apply to employees who are continuing on duty. All
actual time worked during a callback shall count as time worked toward the 40 hours for qualifying
for premium (time and one-half) overtime under FLSA. Section 8 below denotes
compensation provided when an employee is eligible for callback pay and
standby pay SECTION 7. STANDBY PAY. Employees, assigned by Management to standby status
after their regular work hours, will receive two (2) hours per day (Mondays through Fridays) of standby
pay at their straight time hourly rate or three (3) hours per day for Saturdays, Sundays,
and Holidays.SECTION 8. CALLBACK PAY PLUS STANDBY PAY. Employees who are required to
be called back to work pursuant to Section 6 above, and who are assigned by Management to standby
status after their regular work hours pursuant to Section 7 above, will receive two (2) hours per
day (Mondays through Fridays) of standby pay at their straight time hourly rate or three (3) hours per
day for Saturdays, Sundays, and Holidays, plus straight time for each hour worked on call back.
All actual callback hours worked by an employee on stand-by shall count as time worked toward the
40 hours for qualifying for premium (time and one-
half) overtime under FLSA.SECTION 9. TRAINING TIME. Employees who attend City-required
training on a regularly scheduled day off including a 9/80 Friday shall receive straight time compensatory time on
an hour for hour basis on time spent actually attending said training, unless this training time
along with other actual hours worked exceeds forty (40) hours in an FLSA workweek, in which case
such
premium (time and one-half) overtime under FLSA. Travel time outside of an employee's regular
work schedule in conjunction with training does not count toward FLSA overtime under this
provision.Article
XI
HOLIDAYS SECTION 1. HOLIDAY DESIGNATION. Employees shall receive the following paid nine-
hour holidays,except letter "
I" below:A. January 1 st (New Year'
s Day)B. The third Monday in February (President'
s Day)C. Last Monday in May (
Memorial Day)D. July 4th (
Independence Day)E. First Monday in September (
Labor Day)F. November
11 th (Veteran'
s Day)G. Fourth Thursday in November (
Thanksgiving Day)H. Fourth Friday in November (Day
after Thanksgiving)1. One-half day before Christmas, if December 24th falls on a
Monday through Thursday Christmas Eve;
4.5 hours)J. December
25th (Christmas Day)K. A total of 9 hours of
floating holiday time SECTION 2. FLOATING HOLIDA Y. Effective January 1 st of each year, employees
will have credited one nine (9) hour floating holiday during the course of this MOU which shall be taken as
time off from work during the calendar year in which the floating holiday was earned. The floating
holiday shall be taken at the convenience of the City with approval of the department head or his
duly authorized agent.The floating holiday is not cumulative and shall be forfeited should it not be taken
during the calendar year it was earned. Employees under this section who terminate their employment with the
City prior to using the floating holiday shall receive cash reimbursement
for said holiday.SECTION 3. HOLIDAYS ON CERTAIN DAYS OF THE WEEK. In the event any
of the above holidays, except one-half day before Christmas, fall on a Sunday, the following day will
be taken in lieu of the actual date on which the holiday falls. When any of the above holidays fall
on a Saturday, except one-half day before Christmas, the preceding Friday will be taken in lieu of the
actual date on which the holiday falls. Except that, when any of the above holidays falls on
an employee's regularly scheduled day off, except one-half day before Christmas, employees will be credited
with nine (9) hours of holiday compensatory time. Accumulated holiday compensatory time must be
used by the employee by the second (2nd) pay period ending in January of the year following the
year in which it was credited.SECTION 4. ELIGIBILITY TO RECEIVE HOLIDAY PAY. In order
to be eligible to receive holiday pay, an employee must have worked, or be deemed to have
worked because of an approved absence e.g., sick leave, vacation, or compensatory time), not including
personal necessity leave, the employee's regularly scheduled day before and regularly scheduled day after
the holiday. Should an employee fail to work the employee's regularly scheduled day before and after the holiday, or
if the employee is on an approved leave of absence without pay, the employee shall not
be entitled to holiday pay. Probationary employees are provided with and are eligible to use floating
holiday hours, according to the guidelines established in this Article, and/or
with
SECTION 5. HOLIDAY DURING VACATION. Should one of the holidays listed above fall during
an employee's vacation period while an employee is lawfully absent with pay, the employee shall
receive holiday pay and no charge shall be made against the employee's accumulated vacation.
SECTION 6. DOUBLE TIME PAY. All employees required to work on a holiday listed above shall
receive, with the approval of their supervisor, double time pay for hours worked on the holiday, or time
off equal to the number of hours the employee actually worked on the holiday. Employees who work in
excess of their regular number of hours on a holiday listed above, shall receive double time pay for all
such hours actually worked. Employees shall receive no other compensation whatsoever for working on
a holiday.
Article XII
VACATION
SECTION 1. V ACA TION ACCRUAL. All full-time, regular employees who have one year'
s continuous service shall thereafter be entitled to a vacation as
follows:After Y ear(
s)of
service 1 through
4 5 through
10
II
12
13
l4 l5 through
24 25 or
more Vacation
Hours Per
Year
80
l20
128
136
144
152
160
200 SECTION 2. VACATION USAGE AND ACCUMULATION. Vacation shall be taken at
the convenience of the City with the approval of the department head or his designee. Where possible,
such vacation should be taken annually and not accumulated from year to year. Vacation hours not in
excess of the equivalent number of hours earned in the immediately preceding 24-month period
may be accumulated with the permission of the Department Head and the Personnel Director.
Accrual of vacation hours shall cease if the accumulated vacation hours exceed equivalent number of
hours earned in the immediately preceding 24-month period. Vacation accruals will resume once
the employee's accumulated vacation balance falls below the allowable limit. Probationary
employees accrue vacation,but may not use vacation until successful completion of an initial probation period, except
in the event of a City Hall holiday closure, with approval of
the Personnel Director.SECTION 3. VACATION CONVERSION. An employee may convert up to 50% of
his current annual vacation accrual into pay in lieu of time off with pay. An employee requesting such
a conversion must meet the eligibility requirements as set forth in Section 1 and may so convert once in
a calendar year.SECTION 4. VACATION PAY-OUT UPON TERMINATION.
Eligible full-time and part-time employees who terminate their employment with the City shall be paid
for all accrued vacation, if any,and the prorated portion of their final accrual. Prorated vacation shall
beon the basis of one-twelfth 1/12) of the employee's annual vacation
pay
Article XIII
PART-TIME AND TEMPORARY EMPLOYEE ELIGIBILITY FOR FRINGE
BENEFITS SECTION 1. DEFINITIONS. Nothing contained herein shall guarantee to any employee
a specified number of hours per day or days per week or weeks per month or months per year of
work.A. Regular part-time employees shall be those employees scheduled in the budget to work
20 or more hours per week on a year-round basis (52 weeks
minus approved leave).B. Temporary part-time employees shall be those employees scheduled in the
budget to work less than 20 hours per week on a year-round basis (
52 weeks minus approved leave).C. Seasonal employees shall be those employees who are scheduled in the
budget to work on less than a year-
round basis regardless of hours worked.SECTION 2. ENTITLEMENT TO FRINGE
BENEFITS BASED UPON PRO-RATION OF HOURS.Regular part-time employees shall receive fringe benefits
in proportion to the number of hours an employee is scheduled in the budget to work to
the normal 40-hour week on an annual basis.The annual schedule for all part-time employees shall
be on the City's position control and approved in the City's approved budget. This formula
of pro-ration shall apply to holiday pay, vacation,
sick leave,medical insurance contribution, disability insurance contribution, and retirement
contribution.SECTION 3. TEMPORARY AND SEASONAL EMPLOYEES. Temporary and seasonal employees shall be entitled to receive no fringe benefits provided
for in this MOU or in any resolution of the City,except those stated in Article XVIII,
Section 4 of this MOU,
or unless
otherwise provided by
Federal Law and/or State law.Article XIV LEAVES OF ABSENCE SECTION l. LEAVE
OF ABSENCE WITHOUT PAY. For all regular employees
as described herein,the following Leave Without Pay procedure shall apply:A. After
all available leave benefits, including vacation, compensatory time, and other leave benefits have
been completely used, a regular employee, not under suspension, may make written application to the
department head for leave without pay. No such leave will
be considered absent a written application from the employee requesting leave.B. If the department head and the
Personnel Director agree that such leave is merited and in the interest of the City, leave may be
granted for a period not to exceed six (6) months
following the date of expiration of all other allowable leave benefits.C. No employment
or fringe benefits such as sick leave, vacation, health insurance, retirement,or any other benefits shall accrue
to
denoted under the FCML section below. During such leave in excess of five working days,
no seniority shall be accumulated.
D. Subject to and consistent with the conditions of the group health, life or disability plan,
coverage may be continued during a leave, provided direct payment of the total premium by
the employee is made through and as prescribed by the Payroll Division of the City. The
City will pay up to six (6) months of the Flexible Benefit Plan contribution for employees
who are on long term disability leave.
E. At the end of such leave, if the employee desires additional leave, written application must
be made through the department head to the Personnel Director at least ten (10) days before
the end of the six (6) month period, stating the reasons why the additional leave is required
and why it would be in the best interests of the City to grant such leave of absence. If such
additional leave is merited and would still preserve the best interests of the City, he may
approve such extension of the leave of absence for a period up to but not to exceed an
additional six months.
F. If the employee does not return to work prior to or at the end of such leave of absence or
extension of leave of absence, the City shall consider that the employee has terminated his
employment with the City.
G. An employee on leave of absence must give the City at least seven days' written notice of his
intent to return to work prior to returning to work.
H. Any employee who engages in outside employment during said leave of absence without
prior notification and approval of the Personnel Director and department head may be subject
to termination.
1. Any employee who falsifies the reason for the request for said leave of absence may be
terminated for falsifying a request for leave of absence or extension thereof.
J. Such leave shall be granted on the same basis for pregnancy, childbirth, and other medically
related conditions, except that such an employee shall retain her seniority rights.
K. Forms setting forth the benefits available or such other pertinent information shall be
maintained for distribution in the Personnel Services Department.
L. Management will allow an employee to take a leave of absence without pay during a City
Hall holiday closure without having to exhaust all accrued leave benefits on the books.
However, no employment or fringe benefits such as sick leave, vacation, health insurance,
retirement, or any other benefits shall accrue to any employee on leave of absence without
pay.
SECTION 2. PERSONAL NECESSITY LEAVE. Employees may be allowed up to one working day
per month without pay per calendar year, for personal business with approval of the department head.
Employees shall accrue no employment benefits for any personal necessity leave in excess of one day
per month. In any instance involving use of a fraction of a day's personal necessity leave, time taken
shall be to the nearest one-quarter (~) hour, with a minimum charge of one-quarter (~)
hour.
necessity leave shall be without pay and shall not be accumulated from month-to-month.
Upon request of the employee, and with approval of the department head, an employee may be allowed to use
one (1)day of personal necessity leave during a City Hall
holiday closure.SECTION 3. JURY DUTY AND SERVICES AS A WITNESS FOR
THE CITY.A. JURY DUTY. When required to serve on a jury, all employees shall receive their regular
pay for up to 30 calendar days per calendar year while serving on jury duty, provided all jury
fees paid to the individual employee, less allowed automobile expenses, are turned over to
the City.B. WITNESS SERVICE FOR THE CITY. If an employee is called as a witness, on behalf
of the City, he shall receive his normal pay for the time spent by the employee serving as a
witness for the City. Employees shall be required to pay any witness fees that accrue to the employee
for his witness service to the City as a condition of receiving his normal pay while serving as
a witness for
the City.SECTION 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
provisions of State law, found in Section 395-395.02 of the Military
and Veterans' Code.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 40-hour week, eight (8) hours of sick
leave will accrue for each month of continuous service. Probationary employees may use
accrued sick leave
during their probation period.B. Sick leave will be charged at the rate of one-quarter (~) hour
for each one-
quarter (~) hour an employee is absent.C. Any employee eligible for sick leave with pay may use
such leave for the following reasons:1) Medical and dental office appointments during
work hours when authorized by the department head
or his authorized agent; and/or 2) Personal illness or physical incapacity resulting from
causes beyond the employee's control;including pregnancy,
childbirth and other medically related conditions.3) Notwithstanding subsection (C) 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.D. Sick Leave Application. Sick leave may be applied only to
absence caused by illness or injury of an employee and may not extend to absence caused by illness or
injury of a member of the employee's family except as
provided in Section 6 or 8.E. Sick Leave Charged. In any instance involving use of a fraction of
a day's sick leave, the minimum charged to the employee's sick leave
account shall be one-quarter (~) hour, while additional actual absence of over one-quarter (~)
hour
Yz) hour. Sick leave shall only be used for the purposes stated and the department head shall be
responsible for control of employee abuse of the sick leave privilege. Employees may, upon
prior notice, be required to furnish a certificate issued by a licensed physician or nurse or other
satisfactory written evidence of any subsequent illness.
F. Maximum Accumulation Of Sick Leave. Notwithstanding any other provision herein, a 40-
hour per week employee who is initially hired after July 1, 1980 shall be allowed to accumulate
and be credited with sick leave with pay only up to a maximum of 750 hours. Sick leave hours
in excess of such maximum shall be forfeited. Effective January 1, 2008, the maximum sick
leave accumulation allowable will increase to 960
hours.G. Retirement from City service and Entering the Public Employees' Retirement System.
Upon retiring from City service and entering the Public Employees' Retirement System, an
employee shall receive no pay for the first 60 days of accrued sick leave (0-480 hours), but
shall receive 25% pay for the first 30 days of accrued sick leave after the first 60 days of accrued
sick leave 48l-720 hours), and 50% of all accrued sick leave thereafter (721
hours and up).H. Death of an Employee. Upon the death of an employee while employed by the City,
100% of all accrued sick leave benefits shall be paid to the beneficiary of the
deceased employee. Payment will be made when proper authorization for payment is received from the estate
of
the decedent employee.1.
Sick Leave Conversion.1) Eligible employees with sick leave usage of 0.0 to 27.0 hours per calendar year
will have the option to convert 30 hours of their unused sick leave to vacation in the first pay
period of
the following year.2) Employees with sick leaveusage of 27.25 to 36.0 hours per calendar year
may convert 20 hours of unused sick leave to vacation
the following year.3) Employees must have a minimum balance of l80 hours of sick
leave
available after converSIOn.4) 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 remain in the employee's
sick leave account.SECTION 6. F AMIL Y LEAVE. An employee is allowed up to 48 hours per calendar
year for family related illness or injury, which shall be charged against the employee's
accumulated sick leave.SECTION 7. BEREAVEMENT LEAVE. Regular full-time employees shall be entitled
to take up to three (3) days of paid bereavement leave per incident on the
following terms and conditions:A. Bereavement leave may only be used upon the death or critical illness where
death appears to be imminent of the employee's immediate family. "Immediate family" as
used in this subsection,shall be limited to any relation by blood, marriage or adoption, who is
a member of the employee's household (living at the same address) and any
parent,
brother-in-law, sister-in-law grandparent, grandchild, aunt, uncle, spouse,
child, brother, or sister of the
employee regardless of residence.B. Days of absence due to bereavement leave shall not exceed three (3)
working days per incident and shall not be deducted from the employee's accumulated sick
leave. An employee on bereavement leave shall inform his immediate supervisor of the fact and
the reasons therefor as soon as possible. Failure to inform his immediate supervisor, within a
reasonable period of time,may be cause for denial of bereavement leave with pay for
the period of absence.SECTION 8. WORKERS' COMPENSATION. Employees who incur a
work-related injury or illness will be eligible to receive Workers' Compensation benefits according to
the State of California's
Department of Workers' Compensation regulations.A. Temporary Disability Leave. Unit employees shall be granted
temporary disability leave of up to 365 days in the event of a job related injury or illness. Temporary
disability leave in excess of 365 days will expire based on current State regulations. When a
City employee is entitled to receive temporary disability payments, the City will
contribute additional compensation to allow the employee to receive 100% of their regular rate of pay, or
provide full salary continuance, for the first 30 days starting from the date of injury. The employee will
then receive 80% of salary for up to an additional 335 calendar days. Thereafter,
the regular temporary disability
Workers'Compensation rate will apply.B. Course of Employment. Should it be determined that an employee's
illness or injury did not arise in the course of the employee's employment with the City or
that the employee is not temporarily or permanently incapacitated or disabled, as a result of the
injury or illness, then the employee's accrued, or if not sufficient, future sick leave shall be
charged to reimburse the City for any payments made to the employee pursuant
to Section 8(A) above.C. Medical Provider Network. Medical professionals associated
with the City's State-approved Medical Provider Network (MPN) will provide
medical services for work-related injuries and illnesses. Medical treatment is based on
the medical utilization schedule developed by the Administrative Director
of the Division of Workers' Compensation (DWC).D. Physician Pre-Designation. An
employee may elect to pre-designate a qualified medical provider if done in accordance
with the DWC. Pre-designation
regulations include but are not limited to the following criteria:1) The physician has
a
previous history of directing the medical treatment of the employee;2) The physician
retains the medical records and history of the employee; and 3) The physician
agrees to
treat work-related injuries or illnesses in accordance with the regulations.E. 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 notpaid by the City pending
the
paid retroactively if the injury/illness is subsequently determined to be job-related. In
such instances the employee shall be reimbursed for any benefit or premium payments made by
the employee prior to the job-related determination
being finalized.SECTION 9. FAMILY CARE AND MEDICAL LEAVE (FCML). State and Federal laws
require the City to provide family and medical care leave for eligible employees. The following provisions
set forth employees' and employer's rights and obligations with respect to such leave. Rights
and obligations which are not specifically set forth below are set forth in the City's Administrative
Manual, Personnel Section, #2.34. Any provisions not set forth in the Administrative Manual are set forth
in the Department of Labor regulations implementing the Federal Family and Medical Leave Act
of 1993 FMLA) and the regulations of the California Fair Employment and Housing
Commission implementing the California Family Rights Act (CFRA) (Government Code Section 12945.2).
Unless otherwise provided, Leave under this article shall mean leave pursuant to the FMLA
and CFRA.An employee's request for leave is subject to review and final approval of the
Personnel Director.A. Amount of Leave. Eligible employees are entitled to a total of l2 workweeks of
leave during any l2-month period. An employee's entitlement to leave for the birth or placement
of a child for adoption or foster care expires 12 months after the
birth or placement.B. The 12-month period for calculating leave entitlement will be
a "rolling period" measured backward from the date leave is taken and continues with each additional
leave day taken. Thus,whenever an employee requests leave, the City will look back over
the previous 12-month period to determine how much leave has been used in determining how
much leave
an employee is entitled to.C. Use of Other Accrued Leaves While on Leave. If an employee
requests leave for any reason permitted under the law, he must exhaust all accrued leaves (
except sick leave) in connection with the leave. This includes vacation, holiday, and
other compensatory accruals. If an employee requests leave for his own serious health condition,
in addition to exhausting accrued leave, the employee must also exhaust sick leave. The exhaustion
of accrued leave will run concurrently with the
Family Care and Medical Leave.D. Required Forms. Employees must fill out required forms,
available in the Personnel Services Department, including: Request for Family
or Medical Leave, Medical Certification,Authorization for Payroll Deductions for benefit plan
coverages (if applicable) and Fitness-
for-Duty
to return from
leave.Article XV FRINGE BENEFIT ADMINISTRATION SECTION 1. ADMINISTRATION. The City reserves the right
to select the insurance carrier or administer any fringe benefit programs that now exist or may exist in the
future
during
SECTION 2. SELECTION AND FUNDING. In the administration of the fringe benefit programs, the
City shall have the right to select any insurance carrier or other method of providing coverage to fund the
benefits included under the terms of this MOU, provided that the benefits of the employees shall be no less than
those in existence as of implementation of this MOD.
SECTION 3. CHANGES. If, during the term of this MOU, any change of insurance carrier or method
of funding for any benefit provided hereunder occurs, the City shall notify the Association prior to any
change of insurance carrier or method of funding the coverage.
Article XVI
HEAL TH BENEFITS
SECTION 1. HEALTH INSURANCE. The City shall continue to contract with the Public Employees'
Retirement System (PERS) to make available those health insurance benefits provided under the Public
Employees' Medical and Hospital Care Act (PEMHCA).
A. Retiree Premium Contribution. The City shall contribute toward the payment of premiums under
the PERS Health Benefits Plan to each eligible retiree annuitant of PERS, to the extent required
by law, a contribution of $80.80 per month. Effective January 1, 2008 this shall be increased to
97.00 per month. Effective January 1, 2009, this contribution is expected to be adjusted
annually by the CalPERS 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:Effective Date Sill~lc
2-Party Family Janua 1,2007 $
410 $705 $919 Janua 1,2008 $450 $
785 $1,000 Janua l,2009 $475 $
830 $1,050 Janua 1, 2010 $500 $
875 $1,100 C. Any amounts in excess of the amounts designated in Section 1 (B) necessary
to maintain benefits under any benefits plans selected by the employee shall be borne
by the employee.D. An employee cannot be enrolled in the PERS Health Benefits Plan if a spouse is
enrolled in the same agency or enrolled in an agency with PERS Health, unless the employee (or
the spouse) is enrolled without being covered as
a family member.E. An employee may choose to not be enrolled in the Health Benefits Plan. If
an employee chooses not to be enrolled in the health plan, the employee must provide proof, as
determined by the Personnel Director, that comparable medical insurance is in full force and
effect. Based on determination that insurance is in full force and effect, eligible employees shall
receive $
per month toward the Flexible Benefits Plan. This amount shall increase to $450.00 effective
January 1,2008, to $475.00 effective January l, 2009, and again to $500.00 effective January l,
2010.
F. In the event that the employee loses eligibility (with documentation) then the employee may re-
enroll in the PERS Health Benefits Plan pursuant to the PERS Health Benefits Plan.
SECTION 2. LIFE INSURANCE. The City shall contribute the full premium toward a $30,000 life
insurance policy for each benefited employee. This life insurance policy shall increase to $40,000
effective January l, 2008.
SECTION 3. DISABILITY INSURANCE. The City shall provide a long-term disability plan that
pays 60% of salary after a 60-day elimination period, to a maximum of $4,000
per month.SECTION 4. RETIREMENT HEALTH SAVINGS PLAN TRUST. The City allows the
Association to establish a Retirement Health Savings Plan Trust for its' employees. The City will not contribute
to this plan, as all costs and contributions of the Plan will be borne by the employees. OMEA will
sponsor said plan, and indemnify and release the City from any and all plan liability. The City will
provide logistical payroll support. The responsibility for the maintenance and investment of the plan funds
rests solely
with OMEA.
Article XVII EDUCATIONAL
ASSISTANCE PROGRAM SECTION 1. PROGRAM REQUIREMENTS. The City will reimburse employees for the
cost of tuition, textbooks, health fees and parking fees required for approved community college
and college courses. An approved course is one designated to directly improve the knowledge of
the employee relative to his specific job or courses leading to an accredited degree. In addition, the
City will reimburse employees for job-related: lab fees and cost of materials, licensing
and registration fees,professional and technical certifications, as well as licensing and registration renewal
fees. The request will be reviewed by the department head who shall submit all requests, along
with recommendations, to the Personnel Director for approval prior to registration. Reimbursement will be based
upon the final grade received. A final grade of "c" or better qualifies an employee for 100% reimbursement
up to the amount specified in Section 2
of this Article.SECTION 2. PAYMENTS. Educational assistance payments to an employee
shall not exceed l,250.00 in anyone fiscal year and the individual must still be employed by the City
when the
course is completed.SECTION 3. PROFESSIONAL DEVELOPMENT. The City agrees to
allow reimbursement to employees of up to $200.00 of the $l,250.00 allotted per fiscal year for activities that
aid in their professional development. Reimbursable activities
include the following:1. Attendance at job-related
professional conferences and seminars;2. Payment of membership dues in
community
3. Purchase of job-related professional journals, books, and other written materials,
which further their knowledge and improve their effectiveness in their
duties.Participation and/or purchase must be approved in advance by the Department Head and the
Personnel
Director.The above modifications are made to recognize and encourage staff to pursue educational and
public relations oriented activities beyond those normally budgeted for them by their departments and in
which they are directed to participate. Approved activities are those which may be expected to further
their knowledge of their jobs and the Orange community and which contribute to their
improved
effectiveness.Individual departments may continue to budget funds for staff attendance at professional
conferences and seminars, for payment of professional membership dues, and for the purchase of books,
journals,and related written materials, which enhance the staffs
knowledge.SECTION 4. EDUCATION PROGRAM FOR BUILDING INSPECTOR/
COMBINATION
INSPECTOR.A. All employees classified as a Building Inspector or Combination Inspector shall be eligible
for this
program.B. To qualify for the incentive, eligible employees shall become and remain certified by
the International Conference of Building Officials (I.C.B.O.) as a Combination Dwelling
Inspector in one of the following
disciplines:1)
Plumbing;2)
Electrical;3)
Mechanical;4) Plans
Examiner;5) Any other discipline approved by the Building Official that may be offered by 1.C.B.O. in
the
future.Failure to maintain certification in the required disciplines (through re-examination) shall
result in such inspector no longer qualifying for
the incentive.C. Employees, who qualify, as set forth above shall be compensated by an additional $100.
00
per month.D. City shall pay 1.C.B.O. fees upon passing initial and
re-certification examinations.SECTION 5. CERTIFICATION REIMBURSEMENT PROGRAM
FOR CODE ENFORCEMENT OFFICER, AND ASSIST ANT
OR ASSOCIATE PLANNER.A. All persons classified as a Code Enforcement Officer, or Assistant or Associate
Planner shall be eligible
for
B. To qualify for the reimbursement, eligible Code Enforcement Officers shall become certified by
American Association of Code Enforcement (AACE); eligible Planners shall become certified by
the American Institute of Certified Planners (AICP).
C. City shall reimburse AACE and AICP testing fees, up to a maXImum of $300.00, upon
successful completion of the examination.
Article XVIII
RETIREMENT
SECTION 1. All benefited employees shall participate in the Public Employees' Retirement System.
The City shall maintain its contribution of 8% of the employee's share to the Public Employees'
Retirement System. Employees will be provided an annual report showing the amount of contribution
so made.
SECTION 2. Effective June 29, 2003, the City shall provide the PERS 2.7% at age 55 Retirement
Program. Effective June 27, 2004, and for the term of this Agreement, employees shall contribute
2.64% of PERS-reportable salary, on a pre-tax basis, toward the City's PERS
Employer Contribution Rate to offset some of the costs of the enhanced PERS 2.7% at age 55 Retirement Program.
The City shall pay all remaining employer costs toward the retirement program for employees
covered herein.SECTION 3. The City will provide the 1959 PERS Survivor Benefit at the Third
Level Option.SECTION 4. Part-time employees not covered under the Public Employees'
Retirement System shall participate in a defined contribution retirement plan in lieu of Social Security
contributions. The City shall contribute 3.75% of the employee's eligible earnings towards the
retirement plan. Part-time employees shall contribute 3.75% of their eligible earnings
toward the retirement plan.SECTION 5. Effective June 27, 2004, pursuant to Government Code Section 20636(
c), the City agrees to pay and report the value of employer paid member contributions (EPMC)
to CalPERS as additional compensation for all employees covered by this Memorandum of
Understanding. This benefit shall consist of paying 8% of the normal contributions as EPMC for employees, and
reporting this 8% as compensation earnable (excluding Government Code Section 20636 (c)(
4) as
additional compensation).
Article XIX MISCELLANEOUS PROVISIONS SECTION 1. RIDESHARE INCENTIVE PROGRAM. An employee may receive $
30.00 per month and eight (8) hours of compensatory time (to a maximum accrual of 16 hours) every
six (6) months for carpooling, using public transportation, biking, walking, or using
other approved modes of transportation to commute to and from the work-site. To qualify for
these incentives, an employee must use one of the above-mentioned forms of transportation a minimum
of 70% of
his commuting time.SECTION 2. UNIFORMS.A. The City may purchase uniforms for
certain
B. All uniforms and/or safety equipment purchased by the City shall remain the property of the
City.
SECTION 3. SAFETY SHOES. Designated employees covered by this MOU may be required to wear
safety shoes with steel toes while on duty. An employee classified as Assistant Civil Engineer,
Associate Civil Engineer, Building Inspector, Code Enforcement Officer, Combination Building
Inspector, Construction Inspector, Engineering Technician, Environmental Compliance Specialist,
Environmental Scientist, Senior Traffic Signal Technician, Storekeeper, or Traffic Signal Technician
will receive up to $300.00 per fiscal year for safety boots allowance. Inspection of the work site will be
made on a regular basis to ascertain compliance to the safety shoe program.
SECTION 4. REST BREAKS. Employees are entitled to two 15-minute rest breaks, unless
an emergency requires continued work, as determined by the employee's supervisor. An employee shall
be permitted to take one rest break during the first half of the work shift and one rest break during
the second half of the work shift. Rest breaks shall be scheduled to ensure that public counters
and telephones are covered at all times during the regular working day and are designed to provide a
period of relaxation and/or nutrition during each half of the working day. If a rest break is not taken, it
shall not be accumulated, but shall be lost and not charged in the future to the
City.SECTION 5. DIRECT DEPOSIT. Effective July 1, 2007, all new City employees are required
to participate in the City's direct paycheck deposit program. City employees hired prior to July 1,
2007 who do not participate in the direct deposit program will need to appear in person and sign for release
of their paychecks from the City's Finance
Department.Article
XX TRAVEL EXPENSE
ALLOWED SECTION 1. MILEAGE REIMBURSEMENT. Expense claims for the use of private automobiles
must be submitted through the department head to Accounts Payable for reimbursement. Such use,
where mileage is reimbursed, will be reimbursed at the rate per mile allowed under the current IRS
regulations.SECTION 2. OUT OF CITY TRAVEL. If the estimated expense of contemplated travel out of the
City is too great to expect the employee to finance the trip and be reimbursed upon his return, the
City Manager may authorize advance payment of the estimated amount of the travel expense to
the
employee.A. Tourist class airplane passage will be considered standard for out-
of-town travel.B. Use of personal cars for out of city trips, within the State, may be approved
by the City Manager when use of commercial transportation is not available or practical.
If an employee prefers to use his personal car, he may be reimbursed the amount of the cost
of
the commercial transportation.1) A flat rate per mile allowed under the current IRS regulations
shall be approved for use of personal cars when City cars
are
SECTION 3. TRANSPORTATION AND EXPENSE CHARGES. Air, rail or public transportation
used and expenses for local transportation, such as taxicabs and bus fare, will be allowed whenever such
transportation is necessary for conduct of City business. In addition, the following expenses and
charges will be allowed, whenever necessary, for the conduct of City business.
A. Expense will be allowed for adequate lodging. Hotel accommodations shall be appropriate to the
purpose of the trip.
B. Telephone and telegraph charges will be allowed for official calls and telegrams.
C. Expenses for meals will be reimbursed according to Administrative Policy No. 4.l3.
Article XXI
SAFETY AND HEALTH
SECTION 1. The City and the employees of the City agree to comply with all applicable Federal, State
and City laws, codes and policies that relate to health and safety. In addition the City and Association
agree to actively pursue the continuation of safe working procedures and environments.
SECTION 2. SAFETY EQUIPMENT All protective clothing or protective devices required of
employees in the performance of their duties shall be furnished without cost to the employees by the
City.
Article XXII
CITY RIGHTS
SECTION 1. The City reserves, retains, and is vested with, solely and exclusively, all rights of
Management which have not been expressly abridged by specific provisions of this MOU or by law to
manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive
rights of Management, as they are not abridged by this MOU or by law, shall include, but not be limited
to, the following rights:
A. To manage the City generally and to determine the issues of policy.
B. To determine the existence or non-existence of facts which are the basis of the
Management
decision.C. To determine the necessity of organization of any service or activity conducted by the City
and expand or diminish
services.D. To determine the nature, manner, means, and technology, and extent of services to be
provided to the
public.E. 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.
1. To assign work to and schedule employees in accordance with requirements as determined by
the City, and to establish and change work schedules and assignments.
J. To relieve employees from duties for lack of work, economic conditions, or similar non-
disciplinary reasons.
K. To establish and modify productivity and performance programs and standards.
L. To discharge, suspend, demote, or otherwise discipline employees for proper cause.
M. To determine job classifications and to reclassify employees and to determine any new
classifications to be assigned to the bargaining unit.
N. To hire, transfer, promote, and demote employees for non-disciplinary reasons in
accordance with this
MOU.O. To determine policies, procedures, and standards for selection, training, and promotion
of
employees.P. To establish employee performance standards including, but not limited to, quality and
quantity standards; and to require compliance
therewith.Q. To maintain order and efficiency in its facilities and
operations.R. To establish and promulgate and/or modify rules and regulations to maintain order and safety
in the City which are not in contravention with this
MOU.S. To take any and all necessary action to carry out the mission of the City in
emergencies.SECTION 2. Except in emergencies, or where the City is required to make changes in its
operations because of the requirements of law, whenever the contemplated exercise of Management's rights
shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and
confer in good faith with representatives of 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
MOD.
Article XXIII
EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITY
SECTION l. DUES DEDUCTIONS / AGENCY SHOP. The City shall deduct for dues and OMEA
benefits on a bi-weekly basis from the pay of all employees in the classifications and
positions recognized to be represented by the Association. These deductions shall be made utilizing a
mutually agreed upon form to be provided for this purpose. The City shall remit such funds to the
Association within 10 days following their deduction. OMEA is an Agency Shop association. This means
each employee must either be a dues paying member of the association, or, in lieu of membership, pay
a service fee to the association as the exclusive representative of his position, or, if he qualifies,
may designate a certain non-profit agency to which he will pay an equivalent amount. Adherence
to the Agency Shop provision is a condition
of employment.SECTION 2. INDEMNIFICATION. 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.SECTION 3. NEW HIRES. The City will provide the Association with a list of any new hires
into the bargaining unit within thirty (30) days of receipt of a request for such list by
the Association.SECTION 4. POSTING OF NOTICES. The Association shall be afforded the opportunity
to post OMEA bulletins, updates, and notices pertaining to Association business
and meetings.SECTION 5. USE OF CITY FACILITIES. Upon prior notice and subject to availability, the
City shall allow the Association to use City facilities for membership, Board of Directors,
and
committee meetings.
Article XXIV GRIEV
ANCE AND DISCIPLINARY
APPEALS PROCEDURE SECTION 1. DEFINITION OF GRIEVANCE. A grievance shall be defined as a timely
complaint by an employee or group of employees concerning the interpretation or application of specific
provisions of this MOU or of the Rules and Regulations governing personnel practices or working conditions
of
the City.SECTION 2. DISCIPLINARY APPEALS. Any full-time employee who has obtained regular status,
and any promotional probationary employee shall have the right to appeal any termination, suspension, reduction in
salary, or non-probationary demotion. The right to appeal shall not apply to probationary, non-benefited
part-time, temporary, or seasonal employees covered by this MOD. Verbal or written reprimands, probationary demotions,
performance evaluations, and denial of merit increases are not subject to appeal. However, an employee may submit a written rebuttal
to any verbal or written reprimand.In addition, the employee may also request said reprimand be withdrawn from their
official Personnel record after one (1)year. However, such removal shall be at the
complete
SECTION 3. BUSINESS DAYS. Business days mean calendar days, exclusive of Saturdays, Sundays,
and legal holidays recognized by the City.
SECTION 4. TIME LIMITS FOR FILING WRITTEN FORMAL GRIEVANCES. The time limits for
filing written formal grievances shall be strictly construed, but may be extended by mutual agreement
evidenced, in writing, and signed by a duly authorized representative of the City and the grieving party.
Failure of the grieving party to comply with any of the time limits set forth hereunder shall constitute
waiver and bar further processing of the grievance. Failure of the City to comply with time limits set
forth in this Section shall automatically move the grievance to the next level in the Grievance Procedure.
SECTION 5. INFORMAL GRIEVANCE PROCESS. An employee must first attempt to resolve a
grievance on an informal basis by discussion with his immediate supervisor without undue delay. Every
effort shall be made to find an acceptable solution to the grievance by these informal means at the most
immediate level of supervision. At no time may the informal process go beyond the division head
concerned. In order that this informal procedure may be responsive, all parties involved shall expedite
this process. In no case may more than 10 business days elapse from the date of the alleged incident
giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the
facts giving rise to the grievance and the filing of a written formal grievance with the Personnel Director
of the City, with a copy to the department head in which the employee works. Should the grievant fail
to file a written grievance within 10 business days from the date of the incident giving rise to the
grievance, or when grievant knew or should have reasonably become aware of the facts giving rise to
the grievance, the grievance shall be barred and waived.
SECTION 6. FORMAL GRIEVANCE PROCESS. PERSONNEL DIRECTOR. DEPARTMENT
HEAD. If the grievance is not resolved through the informal process, and the written grievance is filed
within the time limits set forth above, the grievant shall discuss the grievance with the Personnel
Director and the department head within 10 business days. The Personnel Director and the department
head shall render a decision and comments, in writing, regarding the merits of the grievance and return
them to the grievant within 5 business days following the grievance discussion.
SECTION 7. FORMAL DISCIPLINARY APPEALS PROCESS. An employee desiring to appeal a
supervisor/manager's decision to take disciplinary action shall have up to ten (10) business days after
receipt of the decision to file either a verbal or written appeal to the Department Head. If, within the
appeal period, the employee does not file an appeal, unless good cause for the failure is shown, the
disciplinary action shall be considered conclusive and shall take effect as prescribed. If the employee
does file a notice of appeal within the appeal period, the Department Head shall consider the merits of
said appeal prior to implementation of any disciplinary action. In the event the Department Head
upholds the disciplinary action, said action shall be implemented immediately.
A full-time employee who has obtained regular status may appeal said action to the City Manager or,
at the City Manager's discretion, to his designee, as long as such designee is not a manager from
the department of the employee filing said appeal. An employee may appeal any termination,
suspension,reduction in salary, or non-probationary demotion to the City Manager or his designee. Any
request for an appeal to the City Manager shall be submitted in writing to the Personnel Services
Department within ten (10) days of the Department Head's decision. Failure to do so shall constitute a waiver
of any further administrative or judicial appeals. The appeal to the City Manager may be either in the form
of a written appeal or an oral presentation. Termination appeals shall be processed in accordance
with the provisions of Section 9,
Article
SECTION 8. FORMAL GRIEVANCE PROCESS. CITY MANAGER. If the grievance is not resolved
in 6 above, or if no answer has been received from the Personnel Director and department head within
15 business days from the presentation of the written grievance to the Personnel Director and
department head, the written grievance shall be presented to the City Manager or his duly authorized
representative within 10 business days, for determination. Failure of the grievant to take this action will
constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of
the last Management grievance response. The City Manager, or his duly authorized representative, shall
render a final decision on the merits of the grievance and comments, in writing, and return them to the
grievant within 10 business days after receiving the grievance. After this procedure is exhausted, the
grievant, the Association, and the City shall have rights and remedies to pursue said grievance under the
law. The City shall instruct its supervisors on the proper use and implementation of this grievance
procedure and every reasonable effort shall be made by the employee and supervisor to resolve the
grievance at the informal step.
SECTION 9. FORMAL PROCESS FOR TERMINATIONS. ADVISORY HEARING OFFICER. A
full-time, non-probationary terminated employee may request a full evidentiary hearing within
l5 City business days of the date of any notice of termination. Failure to request a hearing within
the 15-day period constitutes a waiver of the hearing. In lieu of a hearing, a terminated employee
may submit a written response to the City Manager within the 15-day period. Requests for extensions
to file a written response must be made within the l5-day period. If a hearing is
requested to challenge the imposition of termination, a full evidentiary hearing shall be held by a Hearing Officer
who
shall render an advisory decision.If the parties cannot agree on the identity of the Hearing Officer, the parties
shall procure from the State Conciliation Service a list of seven qualified Hearing Officers. Each
party shall alternately 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.A. Fees for retaining the Hearing Officer and other costs related
to conducting the hearing, for example employing a court reporter, shall be shared equally
by the City and the employee/appellant. The City and the employee shall each
be responsible for securing and paying for their respective representation
at the hearing, if any.B. The Hearing Officer shall determine whether good cause exists
for the imposition of the termination and, if not,
the appropriate degree of discipline.C. The decision of the Hearing Officer is remitted to the
City Manager for final disposition.D. The City Manager, or his duly authorized representative, shall render
a final decision on the Hearing Officer's comments and recommendation, in writing, and
return them to the grievant within lO business days after receiving
the Hearing Officer's findings.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. The City shall instruct
its supervisors on the proper use and implementation of this grievance procedure and every reasonable
effort shall be made by employee and the supervisor to resolve the
grievance
Article XXV
NO STRIKE - NO LOCKOUT SECTION
1. PROHIBITED CONDUCT The Association, its officers, agents, representatives and/or members
agree that during the term of this MOU, they will not cause or condone any strike, walkout,slowdown,
sickout, or any other job action by withholding or refusing to perform services.SECTION
2. The City agrees that it shall not lock out its employees during the term of this MOU.SECTION
3. Any employee who participates in any conduct prohibited in Sections 1 and 2 above may be
subject to termination by the City.SECTION
4. In addition to any other lawful remedies or disciplinary actions available to the City, if the Association
fails, in good faith, to perform all responsibilities listed below in Section 5, Association Responsibility,
the City may suspend any and all of the rights, privileges, accorded to the Association under
the Employee Relations Resolution in this MOU including, but not limited to, suspension of recognition
of Association, grievance procedure, right of access, check-off, the use of the City's bulletin
boards, and facilities.
SECTION 5. ASSOCIATION RESPONSIBILITY.
A. In the event that the Association, its officers, agents, representatives, or members engage in any
of the conduct prohibited in Section 1 above, Prohibited Conduct, the Association or its duly
authorized representatives shall immediately instruct any persons engaging in such conduct that
their conduct is in violation of this MOU and they should immediately cease engaging in
conduct prohibited in Section 1 above, Prohibited Conduct, and return to work.
B. If the Association performs all of the responsibilities set forth in subsection (A) above, its
officers, agents, and representatives shall not be liable for damages for prohibited conduct
performed by employees who are covered by this MOU in violation of Section 1 above.
Article XXVI
OMEA REPRESENTATIVES
This article is intentionally left blank to standardize the sequence of all MOU's.
Article XXVII
LAYOFF PROCEDURE
SECTION l. PURPOSE. The purpose of this policy is to establish and communicate the City's
procedures when a layoff or reduction in force is necessary.
SECTION 2. SCOPE. All employees are subject to reduction in force at the direction of the City
Manager.
28
SECTION 3. POLICY. The City retains the right to abolish any position, reduce the work force and
layoff employees when it becomes necessary due to economic conditions, organizational changes, lack
of work, or because the necessity for a position no longer exists. The City's layoff policy provides the
following criteria to be followed during a reduction in force.
SECTION 4. PROCEDURE.
A. Order Of Reductions In Force (Layoff and Demotion). Within a department and by
classification, the order of layoff or demotion shall be as follows:
1) Temporary employees (19 hours or less);
2) Initial probationary employees;
3) Regular part-time and full-time employees (20 to
40 hours).For purposes of this procedure, the Water Division will be considered
a department.
B. Layoffs 1) Layoffs shall be based on citywide seniority, except, negative performance during the
past 3 years will be considered to determine the order of layoff. Negative
performance and disciplinary actions will be defined as
the following:a) Denial of
merit increases;b) Suspension
without pay;c) Extensions of
probationary periods;d) Disciplinary demotions to lower
level positions;e) Disciplinary reductions
in pay.f) Performance evaluations containing significant, negative written
comments indicating improvement needed and warning of further consequences to follow
if improvement fails
to occur.A single negative disciplinary action as described above will not reduce the
employee's seniority. However, each additional disciplinary action during the 3 year period
will reduce the employee's seniority by two years for each additional occurrence, for a
possible reduction of
6 years.2) The order of layoff shall be established by the Personnel Director, including
seniority and results of review of performance evaluations and prior
disciplinary actions.3) The order of layoff will be the least senior employee as determined by the
procedure above.4) Prior to the establishment of the final order of layoff, the Personnel Director
shall furnish affected employees a copy of the "Proposed Order of Layoff." Notice will be
hand delivered to employees
whenever
4) If the employee wishes to contest the application of the criteria set forth in this policy to his
position on the list, he may appeal with any supporting materials to the Personnel Director.
This request should be directed to the Personnel Director within seven calendar days
following the establishment and distribution of a "Proposed Order of Layoff' list. The
employee will be allowed representation during the appeal process.
5) After meeting with all employees wishing to be heard with respect to their position on the
layoff list, the Personnel Director or his designee shall establish the "Final Order of Layoff'
list. The decision of the Personnel Director shall be final and not subject to the grievance
process or further appeal.
C. Written Notice
Employees to be laid off shall be provided written notice at least seven days in advance of the
layoff date. Notice will be hand delivered to the employee whenever possible. If personal
delivery is not possible, the notice will be sent by certified mail to the last known residential
address.
D. Transfer Or Demotion In Lieu Of Layoff
l) Whenever employees are to be laid off, they may transfer or demote to another vacant
position in their own department or other departments providing that:
a) The positions are at the same or lower level;
b) Positions are authorized, budgeted, and the City intends to fill the vacancies;
c) The employee meets the qualifications of the new position as determined by the
Personnel Director.
2) Whenever employees are to be laid off, they may demote to lower level, filled positions
within their department providing they:
a) Formerly held or supervised the lower level position within the City of Orange and
within the classification;
b) Employee meets or can reasonably meet qualifications for the new position as
determined by the Personnel Director;
c) Possesses greater seniority to displace a lower level worker;
d) Requests in writing a demotion to the previously held or supervised position within
seven calendar days of receiving the notice of layoff or voluntary demotion. A
voluntary demotion shall not reflect as a negative action in the employee's personnel
file.
E. Re- Employment Lists
1) Regular employees in good standing who are laid off or demoted shall have their name
placed on a departmental re-employment list for the last classification previously
held.Names shall be placed on the list in inverse order of seniority. (Last released - first re-
hired).Vacancies the department desires to fill will be offered first to eligibles on the
departmental re-
employment
2) Other hiring departments who have vacancies the City desires to fill will give pnonty
consideration to those employees whose names appear on the re-employment list. If
these employees are not selected for re-hire, the reason for non-selection must be
approved by
the Personnel Director.3) Names of qualified individuals shall remain on re-employment lists for
a period not to exceed 2 years from the date of layoff. Individuals who qualify for
re-hire but do not respond to written notification to the last known address on
file within fourteen calendar days or who refuse two job offers shall have their names removed
from the re-employment list. It is the employee's responsibility to provide the
Personnel Department with a current mailing address. Once re-hired, employee
names are removed from all re-employment lists.SECTION 5. NON DISCRIMINATION
IN REDUCTION IN FORCE. Layoffs and demotions, which result from a reduction in force, shall be made without
regard to an employee's race, color, religion,national origin, sex, age, marital status, or functional
limitations as defined in the
ADA and
other applicable state and federal law.
Article XXVIII SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING SECTION 1. It is the intent of the parties hereto that
the provisions of this MOU shall supersede all prior MOU's 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 hereunder. This
MOU is not
intended to
conflict with federal or state law.
Article XXIX WAIVER OF BARGAINING
DURING THE TERM OF THIS MEMORANDUM OF UNDERSTANDING SECTION l. During the term of this MOU, the parties
mutually agree that they will not seek to negotiate or bargain with regard to wages, hours,
and terms and conditions of employment, whether or not covered by the Memorandum or in the
negotiations leading thereto, and irrespective of whether or not such matters were discussed or were even within
the contemplation of the parties hereto during the negotiations leading to this Memorandum. Regardless of
the waiver contained in this Article, the parties may, however, by mutual agreement, in writing, agree to
meet and confer about
any
Article XXX
EMERGENCY WAIVER PROVISION
SECTION 1. 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 this MOU
or the Personnel Rules or Resolutions of the City, which restrict the City's ability to respond to these
emergencies, shall be suspended for the duration of such emergency. After the emergency is declared
over, this MOU will be reinstated immediately. The Association shall have the right to meet and confer
with the City regarding the impact on employees of the suspension of the provisions in the MOU during
the course of the emergency.
Article XXXI
SEPARABILITY PROVISION
SECTION 1. Should any provision of this MOU be found to be inoperative, void, or invalid by a court
of competent jurisdiction, all other provisions of this MOU shall remain in full force and effect for the
duration of this MOU.
Article XXXII
TERM OF MEMORANDUM OF UNDERSTANDING
The term of this MOU shall commence on July 1, 2007 and shall continue in full force and effect until
June 30, 2010.
Article XXXIII
RATIFICATION AND EXECUTION
The City and the Orange Municipal Employees' Association acknowledge that this MOU shall not be in
full force and effect until adopted by the City Council of the City of Orange. Subject to the foregoing,
this MOU is hereby executed by the authorized representatives of the City and the Association and
entered into this 13th day of November, 2007.
32
CITY OF ORANGE
s Manager
By: ,-_. , .
Pat
Oberle, Employee Benefits Analyst BY~~~
Rebecca
Serna, Administrative Secretary By:
i-Michelle
Holgum,BY~~~
p2(JYola
a Moreno, LIb ry ServIces Manager Approved
as to orm:ORANGE
MUNICIPAL EMPLOYEES'ASSOCIATION
By:
jJ~D.~GaryElsey,
MEA Board ember BY:#
ti~~Mark
Matsuda, OMEA Board Member Steven
V. Pha P rsonnel/Employee Relations Director 33
APPENDIX "A"
ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE JUNE 24. 2007
5.0% ACROSS THE BOARD SALARY INCREASE. PLUS SALARY INEQUITY ADJUSTMENTS
AS FOLLOWS:
Administrative Aide = 3.0% )- Library Info Systems Coordinator = 3.0%Associate
Planner = 5.0% )- Permit Technician = 5.0%Building Inspector = 3.
0% )- Personnel Technician = 3.0%Business Services Inspector = 3.0% )-
Public Services Clerk = 3.0%Buyer = 5.0% )- Secretary = 3.0%Code
Enforcement Officer = 3.0% )- Senior Finance Clerk = 3.
0%Combination Building Inspector = 3.0% )- Senior Library Clerk = 3.0%Engineering
Technician I/II = 3.0% )- Senior Traffic Signal Technician = 3.0%Environmental
Compliance Specialist = 3.0% )- Stock Clerk = 3.0%Finance Clerk = 3.0% )- Storekeeper = 3.
0%Librarian I/II = 3.0% )- Traffic Management Center Tech = 3.
0%Library Assistant = 3.0% )- Traffic Signal Technician I/
II = 3.0%Library Clerk = 3.0% )- Water Services Secretary = 3.0%NEW
STEP STEP STEP STEP STEP STEP Classification Title RANGE A B C D
E F Accountant 511 4561 4794 5038 5295 5565 5849 Administrative
Aide 471 3736 3927 4127 4338 4559
4791 Administrative Clerk 408 2729 2868 3014 3168 3330
3499 Assistant Civil Engineer 544 5377 5651 5940
6243 6561 6896 Assistant Engineer 544 5377 5651 5940
6243 6561 6896 Assistant Planner 502 4361 4583 4817
5063 5321 5592 Associate Civil Engineer 564 5941 6244 6563
6897 7249 7619 Associate Planner 532 5065 5323 5595
5880 6180 6495 Building Inspector 501 4339 4561 4793
5038 5295 5565 Business Services Inspector 486 4026 4232 4448
4674 4913 5163 Buyer 494 4190 4404 4629 4865
5113 5374 Code Enforcement Officer 495 4211 4426 4652
4889 5138 5400 Combination Building Inspector 511 4561 4794 5038
5295 5565 5849 Community Services Coordinator 448 3331
3501 3680 3867 4065 4272 Construction Inspector I 482 3947
4148 4360 4582 4816 5061 Construction Inspector II 502 4361
4583 4817 5063 5321 5592 Engineering Technician I 468 3681
3868 4066 4273 4491 4720 Engineering Technician II 488 4067
4274 4492 4721 4962 5215 Environmental Compliance Specialist 495 4211
4426 4652 4889 5138 5400 Environmental Scientist 564 5941 6244
6563 6897 7249 7619 Finance Clerk 436 3138 3298 3466
3643 3829 4024 Finance Technician 485 4006 4211 4426 4651
4888 5138 GIS Analyst 564 5941 6244 6563 6897
7249 7619 Housing Specialist 495 4211 4426 4652 4889
5138 5400 Librarian I 479 3888 4087 4295 4514
4744 4986 Librarian II 499 4296 4515 4746 4988
5242 5509 Library Assistant 439 3185 3348 3518 3698
3886 4084 Library Clerk 389 2482 2609 2742 2882
3029 3183 Library Info. System Coordinator 499 4296 4515
4746 4988 5242 5509 34
NEW STEP STEP STEP STEP STEP STEP
Classification Title RANGE A B C D E F
Library Page 325 1804 1896 1992 2094 2201 2313
Permit Technician 460 3537 3717 3907 4106 4315 4535
Personnel Technician 466 3644 3830 4025 4231 4446 4673
Plan Check Engineer 544 5377 5651 5940 6243 6561 6896
Planning Aide 472 3755 3946 4148 4359 4582 4815
Public Services Clerk 456 3467 3644 3830 4025 4230 4446
Real Property Specialist 524 4867 5115 5376 5650 5938 6241
Secretary 458 3502 3680 3868 4065 4273 4490
Senior Accountant 531 5040 5297 5567 5851 6149 6463
Senior Administrative Clerk 428 3015 3169 3330 3500 3679 3866
Senior Finance Clerk 456 3467 3644 3830 4025 4230 4446
Senior Library Clerk 419 2883 3030 3184 3347 3517 3697
Senior Traffic Signal Technician 528 4965 5218 5484 5764 6058 6367
Stock Clerk 422 2926 3075 3232 3397 3570 3752
Storekeeper 463 3590 3773 3966 4168 4380 4604
Traffic Management Center Tech 528 4965 5218 5484 5764 6058 6367
Traffic Signal Technician I 468 3681 3868 4066 4273 4491 4720
Traffic Signal Technician II 488 4067 4274 4492 4721 4962 5215
Transportation Analyst 564 5941 6244 6563 6897 7249 7619
Water Services Secretary 468 3681 3868 4066 4273 4491 4720
35
APPENDIX "A" (Continued)
ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE JUNE 22. 2008
3.5% ACROSS THE BOARD SALARY INCREASE. Additional Salarv Increases Mav Be Granted Based
on Labor Market Salarv Survey - See Lanl.!ual.!eBelow*.NEW
STEP STEP STEP STEP STEP STEP Classification
Title RANGE A B C D E F Accountant
518 4723 4964 5217 5483 5763 6057 Administrative
Aide 478 3869 4066 4274 4492 4721 4961 Administrative
Clerk 415 2826 2970 3121 3281 3448 3624 Assistant
Civil Engineer 551 5568 5852 6151 6464 6794 7141 Assistant
Engineer 551 5568 5852 6151 6464 6794 7141 Assistant
Planner 509 4516 4746 4988 5243 5510 5791 Associate
Civil Engineer 571 6152 6466 6796 7142 7507 7890 Associate
Planner 539 5245 5512 5793 6089 6399 6726 Building
Inspector 508 4493 4723 4963 5217 5483 5762 Business
Services Inspector 493 4170 4382 4606 4841 5087 5347 Buyer
501 4339 4561 4793 5038 5295 5565 Code
Enforcement Officer 502 4361 4583 4817 5063 5321 5592 Combination
Building Inspector 518 4723 4964 5217 5483 5763 6057 Community
Services Coordinator 455 3450 3626 3811 4005 4209 4424 Construction
Inspector I 489 4087 4296 4515 4745 4987 5241 Construction
Inspector II 509 4516 4746 4988 5243 5510 5791 Engineering
Technician I 475 3812 4006 4210 4425 4651 4888 Engineering
Technician II 495 4211 4426 4652 4889 5138 5400 Environmental
Compliance Specialist 502 4361 4583 4817 5063 5321 5592 Environmental
Scientist 571 6152 6466 6796 7142 7507 7890 Finance
Clerk 443 3249 3415 3589 3772 3965 4167 Finance
Technician 492 4149 4360 4583 4816 5062 5320 GIS
Analyst 571 6152 6466 6796 7142 7507 7890 Housing
Specialist 502 4361 4583 4817 5063 5321 5592 Librarian
I 486 4026 4232 4448 4674 4913 5163 Librarian
II 506 4449 4676 4914 5165 5428 5705 Library
Assistant 446 3298 3466 3643 3829 4024 4230 Library
Clerk 396 2570 2701 2839 2984 3136 3296 Library
Info. System Coordinator 506 4449 4676 4914 5165 5428 5705 Library
Page 332 1868 1963 2063 2169 2279 2395 Permit
Technician 467 3662 3849 4046 4252 4469 4697 Personnel
Technician 473 3774 3966 4168 4381 4604 4839 Plan
Check Engineer 551 5568 5852 6151 6464 6794 7141 Planning
Aide 479 3888 4087 4295 4514 4744 4986 Public
Services Clerk 463 3590 3773 3966 4168 4380 4604 Real
Property Specialist 531 5040 5297 5567 5851 6149 6463 Secretary
465 3626 3811 4005 4210 4424 4650 Senior
Accountant 538 5219 5485 5765 6059 6368 6692 Senior
Administrative Clerk 435 3122 3281 3449 3625 3809 4004 Senior
Finance Clerk 463 3590 3773 3966 4168 4380 4604 Senior
Library Clerk 426 2985 3137 3297 3466 3642 3828 36
NEW STEP STEP STEP STEP STEP STEP
Classification Title RANGE A B C D E F
Senior Traffic Signal Technician 535 5141 5403 5679 5969 6273 6593
Stock Clerk 429 3030 3185 3347 3518 3697 3886
Storekeeper 470 3718 3907 4107 4316 4536 4767
Traffic Management Center Tech 535 5141 5403 5679 5969 6273 6593
Traffic Signal Technician I 475 3812 4006 4210 4425 4651 4888
Traffic Signal Technician II 495 4211 4426 4652 4889 5138 5400
Transportation Analyst 571 6152 6466 6796 7142 7507 7890
Water Services Secretary 475 3812 4006 4210 4425 4651 4888
The Association and the City will conduct a salary survey by or before July 31, 2008 of the eleven (11) pre-
selected cities to determine the maximum (top step) salary for each benchmark classification covered by this
MOU The benchmark classifications to be surveyed are as follows:
Accountant . Buyer . Finance Clerk
Administrative Clerk . Code Enforcement Officer . Finance Technician
Assistant Civil Engineer . Combination Building Inspector . Librarian II
Assistant Planner . Community Services Coordinator . Permit Technician
Associate Civil Engineer . Construction Inspector II . Personnel Technician
Associate Planner . Engineering Technician II . Storekeeper
The compensation level for all other classifications are considered "aligned" with one of the listed benchmark
survey classifications in this MOU and shall be compensated accordingly. The survey cities consist of Anaheim,
Brea, Costa Mesa, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Newport Beach, Santa
Ana, and Westminster. The contractual July 2008 salary data from the survey agencies, as well as the City of
Orange, will be utilized for any necessary adjustments, however the City of Orange salary will not be included as
part of the median calculation. In the event that any classification is below the median of the eleven (11) surveyed
cities, the City shall increase the entire salary range of that classification in 0.5% increments with a minimum of
3.5% to a maximum of 6. 0% to bring the salary to the survey median. The effective date for any applicable salary
increases will be June 22, 2008. The salary table above reflects a 3.5% minimum salary increase for each
classification. This salary table will be amended should the salary range increases exceed 3.5% for any
classification above. This provision shall not apply thereafter.
37
APPENDIX "A" (Continued)
ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION
MONTHL Y SALARY RANGES
EFFECTIVE JUNE 21. 2009
3.5% ACROSS THE BOARD SALARY INCREASE.
NEW STEP STEP STEP STEP STEP STEP
Classification Title RANGE A B C D E F
Accountant 525 4891 5140 5403 5678 5968 6272
Administrative Aide 485 4006 4211 4426 4651 4888 5138
Administrative Clerk 422 2926 3075 3232 3397 3570 3752
Assistant Civil Engineer 558 5766 6060 6369 6694 7035 7394
Assistant Engineer 558 5766 6060 6369 6694 7035 7394
Assistant Planner 516 4676 4915 5166 5429 5706 5997
Associate Civil Engineer 578 6371 6696 7037 7396 7773 8170
Associate Planner 546 5431 5708 5999 6305 6627 6965
Building Inspector 515 4653 4890 5140 5402 5677 5967
Business Services Inspector 500 4318 4538 4769 5013 5268 5537
Buyer 508 4493 4723 4963 5217 5483 5762
Code Enforcement Officer 509 4516 4746 4988 5243 5510 5791
Combination Building Inspector 525 4891 5140 5403 5678 5968 6272
Community Services Coordinator 462 3572 3754 3946 4147 4359 4581
Construction Inspector I 496 4232 4448 4675 4914 5164 5427
Construction Inspector II 516 4676 4915 5166 5429 5706 5997
Engineering Technician I 482 3947 4148 4360 4582 4816 5061
Engineering Technician II 502 4361 4583 4817 5063 5321 5592
Environmental Compliance Specialist 509 4516 4746 4988 5243 5510 5791
Environmental Scientist 578 6371 6696 7037 7396 7773 8170
Finance Clerk 450 3365 3536 3717 3906 4105 4315
Finance Technician 499 4296 4515 4746 4988 5242 5509
GIS Analyst 578 6371 6696 7037 7396 7773 8170
Housing Specialist 509 4516 4746 4988 5243 5510 5791
Librarian I 493 4170 4382 4606 4841 5087 5347
Librarian II 513 4607 4842 5089 5348 5621 5908
Library Assistant 453 3415 3590 3773 3965 4167 4380
Library Clerk 403 2662 2797 2940 3090 3248 3413
Library Info. System Coordinator 513 4607 4842 5089 5348 5621 5908
Library Page 339 1934 2033 2137 2246 2360 2480
Permit Technician 474 3793 3986 4189 4403 4627 4863
Personnel Technician 480 3908 4107 4317 4537 4768 5011
Plan Check Engineer 558 5766 6060 6369 6694 7035 7394
Planning Aide 486 4026 4232 4448 4674 4913 5163
Public Services Clerk 470 3718 3907 4107 4316 4536 4767
Real Property Specialist 538 5219 5485 5765 6059 6368 6692
Secretary 472 3755 3946 4148 4359 4582 4815
Senior Accountant 545 5404 5680 5969 6274 6594 6930
Senior Administrative Clerk 442 3233 3398 3571 3753 3945 4146
Senior Finance Clerk 470 3718 3907 4107 4316 4536 4767
Senior Library Clerk 433 3091 3249 3415 3589 3772 3964
38
NEW STEP STEP STEP STEP STEP STEP
Classification Title RANGE A B C D E F
Senior Traffic Signal Technician 542 5324 5595 5881 6181 6496 6827
Stock Clerk 436 3138 3298 3466 3643 3829 4024
Storekeeper 477 3850 4046 4252 4469 4697 4937
Traffic Management Center Tech 542 5324 5595 5881 6181 6496 6827
Traffic Signal Technician I 482 3947 4148 4360 4582 4816 5061
Traffic Signal Technician II 502 4361 4583 4817 5063 5321 5592
Transportation Analyst 578 6371 6696 7037 7396 7773 8170
Water Services Secretary 482 3947 4148 4360 4582 4816 5061
39