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RES-10003 Memorandum of Understanding Orange Management AssociationI I RESOLUTION NO. 10003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE ORANGE MANAGEMENT ASSOCIATION CONCERNING WAGES, HOURS AND OTHER CONDITIONS OF EMPLOYMENT EFFECTIVE JULY 1, 2005 THROUGH AND INCLUDING JUNE 30, 2007 AND REPEALING RESOLUTION NO. 9634 AND AMENDMENTS THERETO FOR SAID EMPLOYEES. WHEREAS, the City of Orange, hereinafter referred to as City, and the Orange Management Association, hereinafter referred to as Association, have met and conferred in accordance with the requirements of the Meyers-Milias-Brown Act; and WHEREIN, City and Association have reached agreement on wages, salaries, and other working conditions effective July I, 2005, through and including June 30, 2007 and repealed Resolution No. 9634 and amendments thereto for said employees, as set forth in the Memorandum of Understanding; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that the agreement between the City and the Association is approved and that a Memorandum of Understanding (MOU) will be finalized and incorporated by reference as Exhibit A, and furthermore that staff is authorized to adjust the departmental salary and benefit accounts in the FY 2005/06 budget to reflect the cost of the contract provisions. ADOPTED this 11th day of October, 2005. ATTEST: Orange Mary E. Mu Orange I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 11th day of October, 2005 by the following vote: AYES: COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, DumJtru NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None MaryE Orange I Exhibit A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY of ORANGE AND THE ORANGE MANAGEMENT ASSOCIATION JULY 1, 2005 THROUGH JUNE 30, 2007 I ORANGE MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS I Article No. Article Title Pal!e No. I Recognition 1 IT Non-Discrimination 1 ill Salaries 1 Basic Compensation Plan, Salary Schedule, Hourly Rate Part-Time Employees, Beginoing Rates, Service, Advancement withio Salary Schedule, Reduction in Salary Steps, Bilingual Assigmnent, Shift Differential, Certification Bonuses, Incentive Pay Plan IV Work Week 4 V Probation 5 VI Promotion 5 VIT Demotion 5 Vill Reassignment of Compensation Ranges 6 IX Working Out of Class 6 X Overtime/Callback Compensation 7 Xl Holidays 8 X1I Vacation 10 XlII Part-Time and Temporary Employee 11 Eligibility for Fringe Benefits I XIV Leaves of Absence 11 Leave of Absence Without Pay, Personal Necessity Leave, Jury Duty and Services as Witness for City, Military Leave, Sick Leave, Family Leave, Bereavement Leave, Industrial Leave, Family Care and Medical Leave, Administrative Leave XV Fringe Benefit Administration 17 Article No. Article Title Pal!e No. XVI Health Benefits 17 Health Insurance, Life Insurance, Disability Insurance XVII Educational Assistance Program 19 Program Requirements, Payments, Professional Development XVIII Retirement 19 XIX Miscellaneous Provisions 20 Rideshare Incentive, Uniforms, Work Shoe Allowance, Eyeglass Replacement, Tools XX Travel Expense Allowed 21 XXI Safety and Health 22 XXII City Rights 22 XXIII Employee Organizational Rights and 24 Responsibilities XXIV Grievance and Disciplinary Appeals Procedure 24 XXV No Strike-No Lockout 27 XXVI OMA Representatives 27 XXVII Layoff Procedures 27 XXVIII Sole and Entire Memorand)lffi of Understanding 30 XXIX Waiver of Bargaining During the Term of this MOU 31 XXX Emergency Waiver Provision 31 XXXI Separability 31 XXXII Term of Memorandum of Understanding 32 XXXIII Ratification and Execution 32 Appendix "A" Monthly Salary Ranges 33 ii Article I RECOGNITION I SECTION 1. Pursuant to the provisions of the Employer-Employee Relations Resolution No. 3611 of the City of Orange, the City of Orange (hereinafter called the "City"), 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 MOD), has recognized the Orange Management Association (hereinafter called the Association) as the majority representative of the classifications as set forth in Appendix "A." Article II NON-DISCRIMINATION SECTION 1. The parties mutually recognize and agree to protect the rights of all employees hereby to join 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 MOD. Article III I SALARIES SECTION 1. BASIC COMPENSATION PLAN. There is hereby established a basic compensation plan for all members of the Association who are now employed or will in the future be employed in any of the designated classifications of employment listed in this MOU and its attachments. SECTION 2. SALARY SCHEDULE. Salaries effective the payroll periods of June 26, 2005 and June 25, 2006 for employees covered by this MOU are listed in Appendix "A." The I salary and wage schedules attached hereto shall constitute the basic compensation plan consisting of six steps or rates of pay in each range. The listed salary and wage schedules constitute the basic monthly compensation plan based on a 40-hour workweek. 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 armual 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 mamier. In determining the hourly rate as herein provided, compensation shall be made to the nearest Y, 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 (1,040) hours of regular part-time employment shall equal six (6) months' service. SECTION 4. BEGINNING RATES. A new employee of the City shall be paid the rate shown in the Step "A" in the range allocated to the class of employment for which he has been hired, except that on the request of the 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 MOD, shall be defined to mean continuous, full-time service in an employee's present classification, service in a higher classification, or service in a classification allocated to the same salary range and having generally similar duties and requirements. A lapse of service by any employee for a period of time longer than 30 days by reason of resignation or for any length of time due to discharge shall serve to eliminate the accumulated length of service time of such employee for the purpose of this MOD. An employee re-entering the service of the City shall be considered as a new employee, except that he may be re-employed within one (1) year and placed in the same salary step in the appropriate compensation range as he was at the time of the termination of employment. SECTION 6. ADVANCEMENT WITHIN SALARY SCHEDULE. The following regulations shall govern salary advancement within ranges: A. MERIT ADVANCEMENT. An employee may be considered for advancement from Step "A" to Step "B", from Step "B" to Step "C", from Step "C" to Step D", from Step "D" to Step "E," or Step "E" to Step "F" . based only on continuous, meritorious, and efficient service, and continued improvement by the employee in the effective performance of the duties of his position. A merit increase shall become effective on the first day on the pay period following completion of the length of service required for such advancement. Such merit advancement shall require the following: 2 I 1) The department head in the department, which the employee is employed, shall file with the Personnel Director a Personnel Action Form and a completed Performance Evaluation form recommending the granting or denial of the merit increase and supporting such recommendation with specific reasons therefore. A disapproval from the Personnel Director, together with the reasons therefore, shall be returned to the department head. 2) The recommendation of the department head and the approval of the Personnel Director shall be forwarded to the Payroll Division of Finance for change of payroll status. 3) Advancements through the pay ranges Step "A" through Step "F" shall occur in yearly increments. B. SPECIAL MERIT ADVANCEMENTS. In such cases as may occur wherein an employee shall demonstrate exceptional ability and proficiency in the performance of his duties, the 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 REOUIRED 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 advanceml:nt at any subsequent time. This reconsideration shaH follow the same steps and shall be subject to the same action as provided in Section 6(A). SECTION 7. REDUCTION IN SALARY STEPS. Any employee who is being paid on a salary step higher than Step "A" may, for disciplinary reasons, be reduced by one or more steps upon the recommendation of the 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 advancements in Section 6 and such contained in Subsection C of Section 6. I 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; 3 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 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 that is not receiving bilingual pay pursuant to this section. F. Employees assigned as set forth above shall receive $140.00 per month during the period of the bilingual assignment. SECTION 9. SHIFT DIFFERENTIAL. The Library Circulation Supervisor, if regularly assigned on a weekly basis to a shift working after 6:00 p.m. and/or on Saturdays, Sundays, or Holidays, shall be eligible to receive an additional $100 per month on top of base salary for shift differential compensation. SECTION 10. CERTIFICATION BONUSES. A. Employees who possess a State of California Grade III Water Distribution Certificate shall receive a flat $100.00 per month bonus. B. Employees who possess a State of California Grade II Water Treatment Certification shall receive a flat $50.00 per month bonus. C. Employees who possess a State-Required Sanitation Certificate shall receive a flat $50.00 per month bonus. D. Employees who possess a Grade I Lab Analyst Certificate shall receive a flat 100.00 per month bonus. E. An employee who possesses two (2) or more of the above certifications is eligible for accumulative bonus compensation. SECTION 11. INCENTNE PAY PLAN. The City Manager may, for the employees covered by this MOD, put into effect an incentive pay plan; the terms and conditions of which shall be in the full discretion of the City. Article IV WORK WEEK SECTION 1. The regular workweek for all employees shall be 40 hours per week. 4 Article V PROBATION I SECTION 1. An employee initially appointed or promoted to a class shall serve a probationary period of 26 pay periods during which he shall have an opportunity to demonstrate suitability for the job. With approval of the Personnel Director, the department head may, for just cause, extend the probationary period. The employee shall attain regular status in the 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 proceedings shall be initiated. A newly hired probationary employee shall not be entitled to appeal a termination or demotion action. SECTION 2. Probationary employees are not entitled to compete for a closed/promotional 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; provided, however, that if such employee is already being paid at a rate equal to or higher than Step "A", he shall be placed in the step in that appropriate salary range as will grant him an increase of at least one, but no more than three salary steps. SECTION 2. ELIGIBILITY LIST. When eligibles remain in higher bands of a current Eligibility List, and a department head selects an eligible in a lower band, upon request from an unsuccessful candidate for promotion, the eligibles in higher bands will be notified of reasons for their non-selection. Article VII DEMOTION I 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 clas.sification to which demoted. 5 Article VIII REASSIGNMENT OF COMPENSATION RANGES SECTION 1. Any employee who is employed in a classification which is allocated to a different pay range shall be retained in the same salary step in the new range as he has previously held in the prior range, and shall retain credit for length of service in such step toward advancement to the next higher step; provided however: A. That if such retention shall result in the advancement of more than one step, the Personnel Director, may at his discretion, at the time of reassignment, place the employee in a step, which will result in an increase of only one 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 or increase the salary range of any classification, with City Council approval, whether or not a position is vacant. Nothing contained herein shall be construed as a waiver or elimination of the City's obligation to meet and confer over salary changes pursuant to the Meyers-Milias- Brown Act, or to meet the requirements of this MOD under Articles XXVIII and XXIX. Article IX WORKING OUT OF CLASS SECTION 1. The City may work employees out of classification for up to 14 consecutive working days without additional compensation. SECTION 2. Working out of class assignments shall only be made for positions vacated due to illness or an approved leave of absence. To qualify for working out of class pay, the employee must be performing all the significant duties of the higher-level class. 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 in the higher classification on the 15th consecutive day out of class, and for each consecutive day thereafter an employee works out 6 of class. The department head or his designee shall assign the employee to work out of classification but shall notify the Persounel Director prior to the assignment. I SECTION 3. During the 14 consecutive working day eligibility period before an employee is entitled to receive acting time pay, absence for any reasons (sick leave, compensatory time, vacation), except absence due to a regular scheduled holiday or a regularly scheduled day off, shall break consecutiveness and cause an employee to be ineligible to receive acting pay. Article X OVERTIME/CALLBACK COMPENSATION SECTION 1. OVERTIME COMPENSATION. Employees required to perform work beyond their normal shift, shall be paid at straight time on an hour for hour basis or may work a flexible schedule adjusting their hours of work on an hour for hour basis within the pay period if by mutual agreement to use a flexible schedule between the employee and his/her supervisor, with the specific limitations to the situations indicated below: A. Special events or work performed outside of normal work schedules (i.e., before 7:30 a.m. and after 6:00 p.m., Saturdays, Sundays, and holidays) for which the City is reimbursed. B. Special projects requiring significant shift extension work by unit employees may be compensated upon request of the division manager and approval of the department head. This would include special studies and attendance at commission or City Council meetings, which requires the employee to work after his normal shift. C. The use of flexible schedules as provided for in this section shall be employed when possible to offset the additional hours the employee is required to work under the situations described herein. D. Employees who are assigned to work the City of Orange Street Fair (Labor Day Weekend) will receive premium overtime (time and one-half) for hours worked at this event for which the City is reimbursed. I SECTION 2. CALLBACK COMPENSATION. Employees shall be compensated in cash at the straight time rate for the actual hours of work with a minimum of three (3) hours' callback compensation, regardless of whether the employee works less than three (3) hours, under the following circumstances: A. When employees are required to report back to work after completing a normal work shift and have left the City premises and/or work location. B. For performing all shift extensions required by emergency situations. C. For conducting projects and completing tasks which require work on days not part of an employee's regular schedule. 7 This provision shall be applicable to employees although the employees' regular workweek is not completed, but shall not apply to employees who are continuing on duty. All callback assignments are subject to approval of the department head. Section 4 below denotes compensation provided when an employee is eligible for callback pay and standby pay. SECTION 3. 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 4. CALLBACK PAY PLUS STANDBY PAY. Employees who are required to be called back to work pursuant to Section 2 above, and who are assigned by Management to standby status after their regular work houis pursuant to Section 3 above, will receive two (2) hours per day (Mondays through Fridays) of standby pay at their straight time hourly rate or three (3) hours per day for Saturdays, Sundays, and Holidays, plus straight time for each hour worked on 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 straight time overtime. Article XI HOLIDAYS SECTION 1. HOLIDAY DESIGNATION. Employees shall receive the following paid nine- hour holidays, except letters "I" and "K" below: A. January 1st (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) ( I. One-half day before Christmas, if December 24 falls on a Monday through Thursday (Christmas Eve; 4.5 hours) J. December 25th (Christmas Day) K. A total of 18 hours of floating holiday time SECTION 2. FLOATING HOLIDAY. The 18-hour floating holiday provision will accrue at the beginning of the pay period which includes January 1 st of each year, and is required to be utilized by December 31 st of the year for which it was provided. Employees hired after January 1 st of each year shall receive a prorated portion of the 18 hours. Floating holiday hours shall be taken at the convenience of the City with approval of the department head. Employees who terminate employment with the City shall receive any remaining portion of their floating holiday in cash reimbursement. 8 I SECTION 3. HOLIDAYS ON CERTAIN DAYS OF THE WEEK. In the event any of the above holidays, except one-half day before Christmas, fall on a Sunday, the following day will be taken in lieu of the actual date on which the holiday falls. When any of the above holidays falls on a Saturday, except one-half day before Christmas, the preceding Friday will be taken in lieu of the actual date on which the holiday falls. When any of the above holidays falls on an employee's regularly scheduled day off during the week, except one-half day before Christmas, employees will be credited with 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 accumulated. SECTION 4. ELIGffiILITY 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 a lawful absence, excluding 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, the employee shall not be entitled to holiday pay. Probationary employees are provided with and are eligible to use floating holiday and fixed holiday hours, according to the guidelines established in this Article and/or with approval of the Personnel Director. SECTION 5. HOLIDAY DURING VACATION. Should one of the holidays listed above fall during an employee's vacation period while an employee is lawfully absent with pay, the employee shall receive holiday pay and no charge shall be made against the employee's accumulated vacation. SECTION 6. LffiRARY OPERATIONS. . If Christmas Day or New Years Day falls on a Sunday, the Library shall be open Monday through Friday inclusive during the preceding week of such holiday. This area left blank intentionally. I 9 Article XII VACATION SECTION 1. VACATION ACCRUAL. All full time regular employees who shall have one- year service shall thereafter accrue paid vacation in accordance with the following: After Y ear( s) of Service I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Vacation Hours Per Year 92 102 112 122 132 136 140 144 148 152 156 160 164 168 172 After Y ear( s) of Service 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Vacation Hours Per Year 176 180 184 188 192 196 200 204 208 212 216 220 224 228 232 SECTION 2. VACATION USAGE AND ACCUMULATION. Vacation shall be taken at the convenience of the City with the approval of the department head or his designee. Where possible, such vacation should be taken armually and not accumulated from year to year. Vacation days 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. Employees shall not accumulate vacation in excess of the equivalent number of hours earned in the immediately preceding 24-month period. All vacation hours in excess of the equivalent number of hours earned in the immediately preceding 24-month period not taken by the employee shall be forfeited. Probationary employees accrue vacation but may not use vacation until successful completion of an initial probationary period, except in the event of a City Hall holiday closure, with the approval of the Personnel Director. SECTION 3. VACATION CONVERSION. An employee may convert up to 50% of his current armual vacation accrual into pay in lieu of time offwith pay. An employee requesting such a conversion must meet the eligibility requirements as set forth in Section I and may so convert once in a calendar year. SECTION 4. VACATION PAYOUT UPON TERMINATION. Employees who terminate their employment with the City shall be paid for all accrued vacation, if any, and the prorated portion of their final accrual. Prorated vacation shall be on the basis of 1/12th of the employee's armual vacation pay for each full month of service. 10 Article XIII PART-TIME AND TEMPORARY EMPLOYEE ELIGIBILITY FOR FRINGE BENEFITS I SECTION 1. DEFlNITIONS. Nothing contained herein shall guarantee to any employee a specified number of hours per day or days per week or weeks per year or months per year of work. A. Regular part-time employees shall be those employees scheduled in the City's budget to work 20 or more hours per week on a year-round basis (52 weeks minus approved leave). B. Temporary part-time employees shall be those employees scheduled in the City's budget to work less than 20 hours per week on a year-round basis (52 weeks minus approved leave). C. Seasonal employees shall be those employees who are scheduled in the City's budget to work on less than a year-round basis regardless of hours worked. SECTION 2. REGULAR PART-TIME EMPLOYEES. A. Regular part-time employees shall receive fringe benefits in proportion to the number of hours an employee is scheduled in the City's budget to work to the normal40-hour week on an annual basis. The annual schedule for all part-time employees shall be the schedule, which is included in the City's approved budget, or a schedule, which is designated by Management at the commencement of the employee's employment with the City. B. This formula of pro-ration shall apply to holiday pay, vacation, sick leave, medical insurance contribution, life insurance contribution, and retirement contribution. C. Regular, part-time employees may receive step increases provided they work the actual number of hours a full-time employee would have had to work in order to be entitled to progress to the next step of the salary range. I 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 xvm, Section 4 of this MOU, or unless otherwise required by Federal law. Article XIV LEAVES OF ABSENCE SECTION 1. LEAVE OF ABSENCE WITHOUT PAY. For all regular employees as described herein, the following Leave Without Pay procedure shall apply: 11 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 any employee on leave of absence without pay except as 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 bv the emplovee is made through and as prescribed by the Payroll Division of the City. The City will pay up to six (6) months of the Flexible Benefit Plan contribution for employees who are on long term disability leave. E. At the end of such leave, if the employee desires additional leave, written application must be made through the department head to the 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. 12 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. I SECTION 2. PERSONAL NECESSITY LEAVE. Employees herein may be allowed up to one working day per month without pay 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. Such personal necessity leave shall be without pay and shall not be accumulated from month-to-month or year-to-year. SECTION 3. JURY DUTY AND SERVICES AS WITNESS FOR CITY. A. Jurv Dutv. 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. An employee shall be required to pay any witness fees that accrue to the employee for his witness service to the City as a condition of receiving his normal pay while serving as a witness for the City. SECTION 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 applicable sections 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) ho1Jrs of sick leave will accrue for each month of service. Probationary employees may use accrued sick leave during their probation period. . I B. Sick leave will be charged at the rate of one-quarter (Y.) hour for each one-quarter (Y.) 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 designee; and/or 13 2) Personal illness or physical incapacity resulting from causes beyond the employee's control, including pregnancy, childbirth and other medically related conditions. 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. 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. 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 (Y<) hour, while additional actual absence of over one-quarter (Y<) hour shall be .charged to the nearest one-half (y.) 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. F. Maximum Accumulation of Sick Leave. Notwithstanding any other provision herein, an 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. G. Retirement from City Service and Entering the Public Emplovees Retirement Svstem. Upon retiring from City service and entering the Public Employees' Retirement System, an employee shall receive no pay for the first 60 days of accrued sick leave (0- 480 hours), but shall receive 25% pay for the first 30 days of accrued sick leave after the first 60 days of accrued sick leave (481-720 hours), and 50% of all accrued sick leave thereafter (721 hours and up). H. Death of an Emplovee. 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. I. Sick Leave Conversion. 1) Employees with sick leave usage of 0.0 to 27.0 hours per calendar year will have the option to convert up to 30 hours of their unused sick leave to vacation in the first pay period of the following year. 2) Employees with sick leave usage of 27.5 to 36.0 hours per calendar year may convert up to 20 hours of unused sick leave to vacation the following year. 3) Employees must have a minimum balance of 180 hours of sick leave available after conversion. SECTION 6. FAMllX LEAVE. An employee is allowed up to 48 hours of family leave per calendar year for family related illness or injury, which shall be charged against the employee's accumulated sick leave. 14 I SECTION 7 . BEREAVEMENT LEAVE. The death or critical illness where death appears to be imminent of the employee's immediate family. "Immediate family" as used in this subsection, is limited to any relation by blood, marriage, or adoption, who is a member of the employee's household (living at the same address) and any parent, legal guardian, parent-in- law, brother-in-law, sister-in-law, grandparent, grandchild, aunt, uncle, spouse, child, brother, or sister of the employee regardless of residence. Up to 3 days of paid bereavement leave will be provided, per incident, and shall not be charged to the employee's sick leave account. An employee on bereavement leave shall inform his immediate supervisor of the fact and the reasons therefore as soon as possible. Failure to inform his immediate supervisor, within a reasonable period of time, may be cause for denial of bereavement leave with pay for the period of absence. SECTION 8. INDUSTRlAL LEAVE. A regular employee who is temporarily or permanently disabled as a result of injury or illness determined to be compensable under the Workers' Compensation Act shall be granted industrial leave on the following terms and conditions: A. An employee granted industrial leave shall continue to be compensated at his regular rate of pay in lieu of temporary disability payments. 1) Any temporary disability payments made to an employee by the Workers' Compensation Administrator fund. shall be remitted to the Finance Department. B. 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 and that the employee is not temporarily or permanently incapacitated or disabled, as a result of the injury or illness, then the employee's accrued, or if insufficient, future sick leave shall be charged to reimburse the City for any payments made to the employee pursuant to A (1) above. C. An industrial1eave of up to one (1) year shall be authorized for each injury or illness determined to be compensable under the Worker's Compensation Act. D. No employee shall have accrued sick leave deducted while on industrial leave. Vacation and sick leave shall accrue for an employee on industrial leave. E. Industrial1eave shall expire when any of the following conditions occur: I 1) Employee is able to return to work to his regular position. 2) The employee is able to return to work to another position designated by the City. . 3) The day before the employee is retired or separated for disability. The employee's "retirement date" shall be determined by the Public Employees' Retirement System. 4) After 52 weeks of industrial leave. 15 F. Personal Phvsician Notification. Employees who have not previously submitted notification of Election of Personal Physician are required to use only physicians and medical facilities approved are required to use only physicians and medical facilities approved by the City during the first 30 days after an occupational injury or illness is reported. After the first 3D-day period, an employee may change to a physician specified by him or her provided that the physician has the expertise to treat the injury or illness and agrees to provide timely reports to the City. However, if an employee IhasnotifiedtheCityinwriting, prior to the date of injury that he or she has a personal physician, the employee shall have the right to be treated by such physician from the date of injury providing that: 1) The physician has previously directed the medical treatment of the employee. 2) The physician retains the medical records and history of the employee. An employee may request one change of physician during the first 30 days after the injury or illness is reported. G. The City will continue to provide fringe benefits for employees who qualify for industrial leave pursuant to this provision. Any fringe benefits not paid by the City pending the determination of whether an injury/illness is job-related shaH be paid retroactively if the injury/illness is subsequently determined to be job-related. In such instances the employee shaH 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 (FCMU. State and Federal laws require the City to provide family and medical care leave for eligible employees. The foHowing 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, #2.61. 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 shaH 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 12 workweeks ofleave during any 12-month period. An employee's entitlement to leave for the birth or placement of a child for adoption or foster care expires 12 months after the birth or placement. . I B. The 12-month period for calculating leave entitlement will be a "roHing 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 wiHlook back 16 over the previous 12-month period to determine how much leave has been used in determining how much leave an employee is entitled to. I 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. Reauired 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. SECTION 10. ADMINISTRATIVE LEAVE. Employees will receive 40 hours of administrative leave at the beginning of the pay period that includes January 1 st. Employees hired after January 1st shall receive a prorated portion of the 40 hours. Article XV FRINGE BENEFIT ADMINISTRATION SECTION 1. ADMINISTRATION. The City reserves the right to select the insurance carrier or administer any fringe benefit programs that now exist or may exist in the future during the term of the Memorandum of Understanding. 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 Memorandum of Understanding, provided that the benefits of the employees shall be no less than those in existence as of implementation of this Agreement. SECTION 3. CHANGES. If, during the term of this Memorandum of Understanding, any change of insurance carrier or method of funding for any benefit provided hereunder occurs, the City shall notify OMA prior to any change of insurance carrier or method of funding the coverage. I Article XVI HEALTH BENEFITS SECTION 1. HEALTH INSURANCE. The City shall contract with PERS (public Employees' Retirement System) to make available those health insurance benefits provided under the Public Employees' Medical and Hospital Care Act (pEMHCA). The PERS Health 17 Benefits Plan shall replace any other health benefits program maintained by the City for eligible employees, eligible retirees, and their eligible surviving annuitants. A. 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 $48.40 per month. Effective January I, 2006 this shall be increased to $64.60 per month. Effective January I, 2007, this shall be increased to $80.80 per month. B. Flexible Benefits Plan. The City shall administer a Section 125 Flexible Benefits Plan for active full-time eligible employees to provide funds for optional dental plans, vision plans, health plans, or miscellaneous pay. The City shall provide $770.00 per month toward the Flexible Benefits Plan. Effective January 1, 2006, this amount shall increase to $875.00 per month. Effective January 1, 2007, this amount shall increase to $919.00 per month. C. Any amounts in excess of the amounts designed in Section I(A) and I(B) necessary to maintain benefits under any benefits plans selected by the employee shall be borne by the employee. D. An employee cannot be enrolled in the PERS Health Benefits Plan if a spouse is enrolled in the same agency or enrolled in an agency with PERS Health, unless the employee (or the spouse) is enrolled without being covered as a family member. E. An employee may choose to not be enrolled in the Health Benefits Plan. If an employee chooses not to be enrolled in a health plan, the employee must provide proof, as determined by the Personnel Director, that comparable medical insurance is in full force and effect. Based upon determination that insurance is in full force and effect, eligible employees shall receive the contribution described in Section 1(B) towards the Flexible Benefits Plan. In the event that the employee loses eligibility with documentation) then the employee may re-enroll in the PERS Health Benefits Plan pursuant to their rules and regulations. SECTION 2. LIFE INSURANCE. The City shall contribute the full premium toward a 23,000 life insurance policy for each benefited employee. This life insurance policy shall increase to $30,000 effective January I, 2007. 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. Effective January 1, 2006, the maximum LTD benefit shall increase from $4,000 per month to 5,000 per month. 18 Article XVII EDUCATIONAL ASSISTANCE PROGRAM I SECTION 1. PROGRAM REQUIREMENTS. The City will reimburse employees for the cost of tuition, textbooks, parking fees, and health fees required for approved community college and college courses, as well as job-required licensing, testing, renewal, and registration fees. An approved course is one designated to directly improve the knowledge of the employee relative to his specific job, and must be approved by the department head and the Personnel Director prior to registration. Full reimbursement up to the amount specified below will be provided based upon completion of the approved course(s) with a final grade of C" or better. SECTION 2. PAYMENTS. Educational assistance payments to an employee shall not exceed $1,250.00 in anyone fiscal year. The employee must still be employed by the City when the course is completed for reimbursement. SECTION 3. PROFESSIONAL DEVELOPMENT. The City agrees to allow reimbursement to employees of up to $600.00 of the $1,250.00 allotted per fiscal year for activities that aid in their professional development. Reimbursable activities include the following: 1. Attendance at job-related professional conferences and seminars; 2. Payment of membership dues in community and professional organizations; 3. Purchase of job-related professional journals, books, and other written materials, which further their knowledge and improve their effectiveness in their duties. Participation andlor purchase must be approved in advance by the department head and the Personnel Director. The above modifications are made to recognize and encourage staffto 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. I Individual departments may continue to budget funds for staff attendance at professional conferences and seminars, for payment of professional membership dues, and for the purchase of books, journals, and related written materials, which enhance the staff's knowledge. Article XVIII RETIREMENT SECTION I. 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 19 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 29, 2003, 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 INCENTNE PROGRAM. An employee may receive $30 per month and eight (8) hours compensatory time every six (6) months for carpooling, using public transportation, biking, walking, carpooling or other approved modes of transportation to and from the work-site. To qualify for these incentives, an employee must use one of the above forms of transportation 70% of his commuting time. SECTION 2. UNIFORMS. A. The City will purchase uniforms for certain designated classifications within the Association. Uniform allowance for the following classifications, in the amounts specified per calendar year, shall be reported to the Public Employees' Retirement System: Equipment Maintenance Supervisor ($82.00); and Field Maintenance Supervisor ($135.00) annually. B. All uniforms and/or safety equipment purchased by the City shall remain the property of the City. 20 I SECTION 3. WORKSHOE ALLOWANCE. Employees classified as noted below shall receive a work shoe allowance of $300 per fiscal year. Classifications include: Building Inspector Supervisor, Community Services Supervisor, Equipment Maintenance Supervisor, Facilities Services Supervisor, Field Maintenance Supervisor, Landscape! Assessment District Coordinator, Project Development Coordinator, Senior Construction Inspector, Senior Civil Engineer, Senior Plan Check Engineer, Senior Water Quality Inspector, Traffic Maintenance Supervisor, Tree Services Coordinator, and Water Quality Inspector shall receive a work shoe allowance. SECTION 4. EYEGLASS REPLACEMENT. The City will pay for replacement of employee's eyeglass that are lost or damaged in the course of his work. Damaged eyeglasses will be turned into the City in order for the employee to be entitled to reimbursement. The City will not reimburse an employee for more than one pair of lost or damaged eyeglasses per fiscal year. SECTION 5. TOOLS. Employees classified as Equipment Maintenance Supervisor shall provide such tools as are ordinarily used in the trade, which shall be the personal tools of the Equipment Maintenance Supervisor. The City will establish with a vendor an account for said employees who have at least one year of service in such classification. Such employees shall be allowed up to a maximum of $750.00 per fiscal year with such vendor in order to replace and maintain the tools necessary for the performance of his job duties. The City shall bear no liability or responsibility for such tools except as provided in this Section. 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. I 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 ofthe 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 not available. 21 SECTION 3. TRANSPORTATION AND EXPENSE CHARGES. Air, rail or public transportation, used, expense 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 trip. B. Telephone and telegraph charges will be allowed for official calls and telegrams. C. Expenses for meals will be reimbursed according to Finance Administrative Policy No. 4.13, currently limited to $40 for meals per day. Article XXI SAFETY AND HEALTH The City and the employees of the City agree to comply with all applicable Federal, State and City laws, codes and policies that relate to health and safety. In addition, the City and Association agree to actively pursue the continuation of safe working procedures and environments. Article XXII CITY RIGHTS SECTION 1. The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provisions of this MOD or by law to manage the City, as such rights existed prior to the execution of this MOD. The sole and exclusive rights of Management, as they are not abridged by this MOD or by law, shall include, but not be limited to, the following rights: A. To manage the City generally and to determine the issue of policy. B. To determine the existence or nonexistence of facts, which is the basis of the Management decision. C. To determine the necessity of organization of any service or activity conducted by the City and expands or diminishes services. D. To determine the nature, manner, means, and technology, and extent of services to be provided to the public. E. Methods of financing. 22 I I 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. I H. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City. I. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. 1. To relieve employees from duties for lack of work, economic conditions, or similar non-disciplinary reasons. K. To establish and modify productivity and performance programs and standards. L. To discharge, suspend, demote, or otherwise discipline employees for proper cause. M. To determine job classifications and to reclassifY employees; and to determine the classifications to be assigned to the bargaining unit. N. To hire, transfer, promote, and demote employees for non-disciplinary reasons III accordance with this MOD. 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 MOD. I S. To take any and all necessary action to carry out the mission. of the City III 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. 23 Article XXIII. EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES SECTION 1. DUES DEDUCTIONS. The City shall deduct dues, on a bi-weekly basis, from the pay of all employees recognized to be represented by the Association, who voluntarily authorize such deduction, in writing, on a form to be provided for this purpose, which is mutually agreed to, by the Association and the City. The City shall remit such funds to the Association within 10 days following their deduction. Such deductions shall be on forms provided by and in a manner prescribed by the Payroll Division of the City. SECTION 2. iNDEMNIFICATION. The Association agrees to hold the City harmless and indemnify the City against claims, causes of actions, or lawsuits arising out of the deductions or transmittal of such funds to the Association except the intentional failure of the City to transmit, to the Association, monies deducted from the employees pursuant to this Article. Article XXIV GRIEVANCE AND DISCIPLINARY APPEALS PROCEDURE SECTION 1. DEFINITION OF GRlEV ANCE. 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. The grieving party must state in writing the remedy sought to resolve the grievance. 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 MOU. 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 discretion of the Personnel Director. 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 GRlEV ANCES. The time limits for filing written formal grievances shall be strictly construed, but may be extended by mutual agreement evidenced, in writing, and signed by a duly authorized representative of the City and the grieving party. Failure of the grieving party to comply with any of the time limits set forth hereunder shall constitute waiver and bar further processing of the grievance. Failure of the City to comply with the time limits set forth in this Section shall automatically move 24 the grievance to the next level in the Grievance Procedure. The grieving party may request the assistance of OMA in presenting a grievance at any level of review or may represent himself. I 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, a 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. 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 10 business days after receiving the grievance. 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. I 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 ariy 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) business 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 XXIV. 25 SECTION 8. FORMAL GRIEVANCE PROCESS. CITY MANAGER. If the grievance is not resolved in 5 above, or if no answer has been received from the Personnel Director and department head within 10 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, 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 IManager, 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 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 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 IS City business days of the date of any notice of termination. Failure to request a hearing within the IS-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 IS-day period. Requests for extensions to file a written response must be made within the 15- day period. If a hearing is requested to challenge the imposition of termination, a full evidentiary hearing shall be held by a Hearing Officer who shall render an advisory decision. If the parties cannot agree on the identity ofthe 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 fmal disposition.I 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 10 business days after receiving the Hearing Officer's findings. 26 E. After this procedure is exhausted, the grievant, OMA and the City shall have all rights and remedies to pursue said grievance under the law. Article XXV I NO STRIKE-NO LOCKOUT SECTION 1. PROHillITED CONDUCT. The Association, its officers, agents, representatives andlor members agree that during the term of this MOU, they will not cause or condone any strike, walkout, slowdown, sick-out, or any other job action by withholding or refusing to perform services. SECTION 2. The City agrees that it shall not lock out its employees during the term of this MOU. SECTION 3. Any employee who participates in any conduct prohibited in 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 A, Association Responsibility, the City may suspend any and all of the rights and privileges accorded to the Association under the Employee Relations Resolution in this MOU, including, but not limited to, suspension of recognition of the Association grievance procedure right of access, check-off, the use ofthe City's bulletin boards, and facilities. SECTION 5. ASSOCIATION RESPONSillILITY 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 iurmediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and is unlawful, and they should immediately cease engaging in conduct prohibited in Section 1 above, Prohibited Conduct, and return to work. I B. If the Association performs all of the responsibilities set forth in Section 5(A) above, its officers, agents, and representatives shall not be liable for damages for prohibited conduct performed by employees who are covered by this MOD in violation of Section 1. Article XXVI OMA REPRESENTATIVES This article intentionally left blank to standardize the sequence among other City of Orange MOD's. 27 Article XXVII LAYOFF PROCEDURES When a layoff or reduction in force is necessary, the layoff procedures set forth in Resolution No. 8176, as incorporated below, shall be used as the established layoff policy and procedure. SECTION 1. PURPOSE. The purpose of this policy is to establish and conununicate the City's procedures when a layoff or reduction in force is necessary. SECTION 2. SCOPE. All Association Employees. All departments are subject to reduction in force at the direction ofthe City Manager. SECTION 3. POLICY. The City retains the right to abolish any position, reduce the work force and layoff employees when it becomes necessary due to economic conditions, organizational changes, lack of work, or because the necessity for a position no longer exists. Whenever possible, the City will advise the union of their intent at least ten calendar days in advance of the effective date. The City's layoff policy provides the following criteria to be followed during a reduction in force. SECTION 4. PROCEDURE A. ORDER OF REDUCTIONS IN FORCE (Lavoff and Demotion). Within a department and by classification, the order of layoff or demotion shall be as follows: 1) Temporary employees (19 hours or less); 2) Initial probationary employees; 3) Regular part-time employees (20 but less than 40 hours); 4) Promotional probationary employees (40 hours); 5) Regular full-time employees (40 hours). For purposes ofthis procedure, the Water Division will be considered a department. B. LAYOFFS I) Layoffs shall be based on citywide seniority, except, negative performance during the past 5 years will be considered to determine the order of layoff. Negative performance and disciplinary actions will include the following: a). Denial of merit increases; b). Suspension without pay; c). Extensions of probationary periods; d). Disciplinary demotions to lower level positions; e). Disciplinary reductions in pay; f). Performance evaluations containing significant, negative written conunents indicating improvement needed and warning of further consequences to follow if improvement fails to occur. 28 I I One negative disciplinary action decreases the employee's seniority by one year per occurrence and by two years for additional occurrences, for a possible reduction of 9 years. I 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 possible. 5) If the employee wishes to contest the application of the criteria set forth in this policy to his position on the list, he may appeal with any supporting materials to the Personnel Director. This request should be directed to the Personnel Director within seven (7) calendar days following the establishment and distribution of a "Proposed Order of Layoff" list. The employee will be allowed representation during the appeal process. 6) After meeting with all employees wishing to be heard with respect to their position on the layoff list, the Personnel Director or his designee shall establish the "Final Order of Layoff" list. The decision of the Personnel Director or his designee shall be final and not subject to the grievance process or further appeal. C. WRITTEN NOTICE Employees to be laid off shall be provided written notice at least ten calendar days in advance of the layoff date. Notice will be hand delivered to the employee whenever possible. If personal delivery is not possible, the notice will be sent by certified mail to the last known residential address. D.TRANSFER OR DEMOTION IN LIEU OF LAYOFF I 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. 29 2) Whenever employees are to be laid off, they may demote to lower level, filled positions within their department providing they: a) Formerly held or supervised the lower level position within the classification series; b) Meet or can reasonably meet qualifications for the new position as determined by the Personnel Director; Ic) Possess greater seniority to displace a lower level worker; d) Request in writing a demotion to the previously held or previously supervised position within seven (7) calendar days of receiving the notice of layoff. A voluntary demotion shall not reflect as a negative action in the employee's personnel file. E. REEMPLOYMENT LISTS 1) Regular employees in good standing who are laid off or demoted shall have their name placed on a departmental reemployment list for the last classification previously held. Names shall be placed on the list in inverse order of seniority. (Last released - first rehired). Vacancies the department desires to fill will be offered first to eligibles on the departmental reemployment list. 2) Other hiring departments who have vacancies the City desires to fill will give priority consideration to those employees whose names appear on the reemployment list. If these employees are not selected for rehire, the reason for non-selection must be approved by the Personnel Director. 3) Names of qualified individuals shall remain on reemployment lists for a period not to exceed 2 years from the date of layoff. Individuals who qualify for rehire but do not respond to written notification to the last known address on file within ten calendar days or who refuse two job offers shall have their names removed from the reemployment list. Once rehired, employee naIiles are removed from all reemployment 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, functional limitations, or any other lawfully protected class as defined in the ADA and other applicable state and federal laws. Article XXVIII I SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING SECTION 1. It is the intent of the parties hereto that the provisions of this MOU shall supersede all prior agreements and memorandums of agreement, or memorandums of understanding, or contrary salary and/or personnel resolutions or Administrative Codes, Article XXXII TERM OF MEMORANDUM OF UNDERSTANDING The term of this MOD shall commence on July I, 2005 and shall continue in full force and effect until June 30, 2007. Article XXXIII I RATIFICATION AND EXECUTION The City and the Association acknowledge that this MOD shall not be in full force and effect until ratified by the Association and adopted by the City Council of the City of Orange. Subject to the foregoing, this MOD is hereby executed by the authorized representatives ofthe City and the Association and entered into this 11th day of October, 2005. CITY OF 0 GE ORANGE MANAGEMENT ASSOCIATION by: .--'-- / 7 Kevin Kin;9MA President iJ' If-/! jJ ~.by: /; HLJ'\f1 to i ichael D. Harary, Perso by: Howard Morris, OMA Board Member bY:~~ ----- Bonnie Hagan, Recreation Superintendent r by: cC \-----O'-'_--~ Teresa Chavez, Personnel Technician I 32 APPENDIX "A" ORANGE MANAGEMENT ASSOCIATION MONTHLY SALARY RANGES I EFFECTIVE JUNE 26. 2005 2.0% Across the Board Increase Plus Inequity Adjustments up to 3.0% for certain classes NEW STEP STEP STEP STEP STEP STEP CLASSIFICATION TITLE RANGE A B C D E F Building Inspector Supervisor 520 4771 5014 5270 5538 5821 6118 Connnunity Services Supervisor 509 4516 4746 4988 5243 5510 5791 Development Services Supervisor 563 5912 6213 6530 6863 7213 7581 Equipment Maint. Supervisor 521 4794 5039 5296 5566 5850 6148 Facilities Services Supervisor 511 4561 4794 5038 5295 5565 5849 Field Maintenance Supervisor 511 4561 4794 5038 5295 5565 5849 Landscape/Assessment Dist Coord 528 4965 5218 5484 5764 6058 6367 Legal Secretary 450 3365 3536 3717 3906 4105 4315 Library Circulation Supervisor 437 3153 3314 3483 3661 3848 4044 Principal Planner 566 6001 6307 6629 6967 7322 7695 Proj ect Development Coordinator 528 4965 5218 5484 5764 6058 6367 Real Property Representative 548 5486 5765 6059 6368 6693 7035 Senior Civil Engineer 573 6214 6531 6864 7214 7582 7969 Senior Code Enforcement Officer 493 4170 4382 4606 4841 5087 5347 Senior Construction Inspector 506 4449 4676 4914 5165 5428 5705 Senior Plan Check Engineer 548 5486 5765 6059 6368 6693 7035 Senior Planner 536 5167 5430 5707 5998 6304 6626 Senior Water Quality Inspector 495 4211 4426 4652 4889 5138 5400 Traffic Maintenance Supervisor 521 4794 5039 5296 5566 5850 6148 Tree Services Coordinator 499 4296 4515 4746 4988 5242 5509 Water Quality Inspector 476. 3831 4026 4231 4447 4674 4912 I 33 APPENDIX "A" - CONTINUED ORANGE MANAGEMENT ASSOCIATION MONTHL Y SALARY RANGES EFFECTIVE JUNE 25. 2006 3.0% Across the Board Increase NEW STEP STEP STEP STEP STEP STEP CLASSIFICATION TITLE RANGE A B C D E F Bui]ding fuspector Supervisor 526 49]6 5]66 5430 5707 5998 6303 Community Services Supervisor 5]5 4653 4890 5]40 5402 5677 5967 Deve]opment Services Supervisor 569 6091 6402 6728 7072 7432 7811 Equipment Main!. Supervisor 527 4940 5]92 5457 5735 6028 6335 Facilities Services Supervisor 5]7 4700 4939 5]91 5456 5734 6027 Fie]d Maintenance Supervisor 517 4700 4939 5191 5456 5734 6027 Landscapel Assessment Dist Coord 534 5116 5376 56~1 5939 6242 6560 Lega] Secretary 456 3467 3644 3830 4025 4230 4446 Library Circulation Supervisor 443 3249 3415 3589 3772 3965 4]67 Principal Planner 572 6]83 6498 6830 7178 7544 7929 Project Development Coordinator 534 5]]6 5376 5651 5939 6242 6560 Rea] Property Representative 554 5652 5940 6243 6562 6896 7248 Senior Civil Engineer 579 6403 6729 7073 7433 7812 82]] Senior Code Enforcement Officer 499 4296 4515 4746 4988 5242 5509 Senior Construction fuspector 512 4584 4818 5063 5322 5593 5878 Senior Plan Check Engineer 554 5652 5940 6243 6562 6896 7248 Senior Planner 542 5324 5595 588] 6]8] 6496 6827 Senior Water Quality fuspector 50] 4339 456] 4793 5038 5295 5565 Traffic Maintenance Supervisor 527 4940 5192 5457 5735 6028 6335 Tree Services Coordinator 505 4427 4652 4890 5139 540] 5677 Water Quality fuspector 482 3947 4]48 4360 4582 48]6 506] 34