RES-10005 Memorandum of Understanding Orange Maintenance & Crafts Employees' AssociationI
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RESOLUTION NO. 10005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF ORANGE
AND THE ORANGE MAINTENANCE AND CRAFTS
EMPLOYEES' ASSOCIATION, CONCERNING WAGES,
HOURS, AND OTHER CONDITIONS OF EMPLOYMENT
FOR THE PERIOD OF JULY 1, 2005 THROUGH AND
INCLUDING JUNE 30, 2007 AND REPEALING
RESOLUTION NO. 9636 AND AMENDMENTS THERETO
FOR SAID EMPLOYEES.
WHEREAS, the City of Orange, hereinafter referred to as CITY through its
representatives, and the Orange Maintenance and Crafts Employees' Association, hereinafter
referred to as OMCBA through its representatives, have met and conferred in accordance with
the requirements ofthe Meyers-Milias-Brown Act; and
WHEREAS, the CITY and OMCEA, have reached agreement on wages, salaries, and
fringe benefits effective July 1, 2005, through June 30, 2007 and repealed Resolution No. 9636
and amendments thereto for said employees, as more particularly set forth in the Memorandum
of Understanding.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
that the attached Memorandum of Understanding is approved and incorporated by reference as
Exhibit A as though fully set forth herein and furthermore, that staff is authorized to adjust the
departmental salary and benefit accounts in the FY 2005/2006 budget to reflect the cost of the
contract provisions.
ADOPTED this 11th day of October, 2005.
of Orange
ATTEST:
Mary E.?, CityCl~ange
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, Dumitru
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
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Exhibit "A"
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORANGE AND THE
ORANGE MAINTENANCE & CRAFTS
EMPLOYEES' ASSOCIATION
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illL Y 1, 2005 - JUNE 30, 2007
OMCEA
TABLE OF CONTENTS
Article No. Article Title Paee No.
r Recognition 1
I II Non-Discrimination 1
ill 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, Night
Shift Differential, Certification Bonuses
N Work Week 5
V Probation 5
VI Promotion 6
VII Demotion 6
Vill Reassignment of Compensation Ranges 6
IX Working Out of Class 7
X Overtime/Compensatory Time/Callback 8
XI Holidays 9
XII Vacation 11
xm Part-Time and Temporary Employee 12
Eligibility for Fringe Benefits
XIV Leaves of Absence 13
Leave of Absence Without Pay, Personal Necessity Leave, Jury Duty
and Witness Services, Military Leave, Sick Leave, Family Leave,
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Bereavement Leave, Industrial Leave, Family Care and Medical
Leave
XV Fringe Benefit Administration 18
Article No. Article Title Pal!e No.
XVI Health Benefits 19
Health Insurance, Life Insurance, Long Term Disability,
State Disability Insurance
XVII Educational Assistance Program 20
xvrn Retirement 21
XIX Miscellaneous Provisions 21
Rideshare Incentive, Unifonns, Safety Shoes, Eyeglass
Replacement, Tool Allowance, Breaks
XX Travel Expense Allowed 23
XXI Safety and Health 23
XXII City Rights 24
xxrn Employee Organizational Rights and 26
Responsibilities
XXN Grievance & Disciplinary Appeals Procedure 26
XXV No Strike-No Lockout 29
XXVI OMCEA Representatives 30
XXVII Layoff Procedure 30
xxvrn Sole and Entire Memorandum of Understanding 33
XXIX Waiver of Bargaining During the Term of this MOU 33
XXX Emergency Waiver Provision 34
XXXI Separability 34
XXXII Term of Memorandum of Understanding 34
XXXIII Ratification and Execution 34
Appendix "AU Monthly Salary Ranges 3
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Article I
RECOGNITION
SECTION 1. Pursuant to the provisions of Employee Relations Resolution No. 3611 of the City
of Orange, the City of Orange (hereinafter called the "City") has recognized Orange Maintenance
Crafts Employees' Association, (hereinafter called "OMCEA") as the majority representation
in the units described in Exhibit "B" for the purpose of meeting its obligations under the Meyers-
Milias-Brown Act, Govermnent Code Section 3500, et seq., and the Employee Relations
Resolution when City rules, regulations, or law affecting wages, hours or other terms and
conditions of employment are amended or changed.
Article II
NON-DISCRIMINATION
SECTION 1. The parties mutually recognize and agree to protect the rights of all employees
herein to join and/or participate in protected OMCEA activities or to refrain from joining or
participating in protected activities in accordance with the Employee Relations Resolution 3611
and Govermnent Code Sections 3500 et seq.
SECTION 2. The City and OMCEA agree that they shall not discriminate against any employee
because of race, color, sex, age, national origin, political or religious opinions, affiliations,
mental or physical disability, marital status, veterans status, sexual orientation or any other
lawfully protected class. The City and OMCEA shall reopen any provision of this MOU for the
purpose of complying with any final 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 OMeEA Unit in any of the designated classifications of employment
listed in this MOU and its attachments.
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SECTION 2. Salary Schedule. Salaries effective June 26, 2005 and June 25, 2006 for
employees are listed in Appendix "A". The salary and wage schedules attached hereto shall
constitute the basic compensation plan consisting of six (6) steps or rates of pay in each range.
The respective ranges shall be identified by number and the steps by the letters "A" to "F"
inclusive.
SECTION 3. Hourlv Rate Part-time Employees.
A. For all employees who have a regular weekly work schedule of forty (40) hours, the
equivalent hourly rate of pay shall be the monthly rate times 12 divided by 2080
annual hours. The hourly rate for persons employed on a 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 Y, cent.
B. Part-time employees who are scheduled to work on an average of at least. twenty (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 part-time employment shall equal six months' service.
SECTION 4. Beginning Rates. A new employee of the City of Orange shall be paid the rate
shown in Step "A" in 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 maybe placed in Step "B", "C", "0",
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) thirty 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 employees for
the purpose of this MOD. An employee re-entering the service of the City of Orange 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 irnprovemerrtby the
employee in the effective performance of his duties. A merit increase shall become
effective on the first day of the pay period following completion of the length of
service required for such advancement.
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1) The department head in the department in which the employee is assigned shaH
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, shaH
be returned to the department head.
2) The recommendation of the department head and the approval of the Personnel
Director shaH be forwarded to the PayroH Division of the Finance Department for
change of payroll status.
3) Advancement through the pay range Step "N' through Step "F" shaH occur in
yearly increments.
B. Special Merit Advancement. 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 MOD. 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 step, he may be reconsidered
for such advancement at any subsequent time. This reconsideration shaH follow the
same steps and shall be subject to the same action as provided in the above paragraph
of this section.
SECTION 7. Reduction in Salarv Steps. Any employee who is being paid on a salary step
higher than Step "A" may be reduced by one or more steps for just cause 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 employee may be considered for re-advancement
under the same provisions as contained in Subsection C 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 foHowing basis:
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A. The department head shaH determine the number of Bilingual Assignment positions
which are necessary based upon a demonstrable need and frequency of use;
B. AH 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 Department;
D. No permanency or seniority may be obtained in a Bilingual Assignment and such
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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 an additional $140.00 per
month, in addition to their regular salary for the duration of the assignment.
SECTION 9. Night Shift Differential. A flat dollar rate shift differential in addition to the
employee's regular monthly rate shall be paid to all employees who are assigned to the Garage as
Equipment Mechanics on the night shift.
A. Night shift differential shall be paid for shifts starting between the hours of 3 :00
p.m. and 5:00 a.m.
B. Such differential shall be paid only to those employees regularly and/or
temporarily assigned to night shift, and not to employees who may work overtime.
C. Employees who are temporarily assigned to night shift shall receive prorated rates
of differential pay. The monthly flat dollar rate shift differential is as follows:
1) Equipment Mechanics 125.00
SECTION 10. Certification Bonuses.
A. Mechanic Bonus: Eligible Equipment Mechanics I, IT, and Equipment Mechanic
Leads will receive a $100 per month certification bonus. Eligibility requirements
include the following:
1) Employees must complete the required probationary period;
2) EmployeeS must receive an annual performance evaluation at or above
expectation;
3) Use 48 hours or less of sick leave per calendar year (major illness or
injury of three days or more excluded if doctor's verification is
provided);
4) The Equipment Superintendent shall recommend those qualified based
on the above guidelines to the Personnel Director;
5) Eligibility for this bonus shall be re-evaluated on an annual basis;
6) The Personnel Director will determine eligibility and grant final
approval of this bonus.
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B. California Water Environmental Association Bonus:
1) Grade I: Effective January 1, 2006, employees who possess a California
Water Environmental Association (CWEA) Grade I Certificate will
receive a bonus of $50 per month.
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2) Grade ll: Effective January 1, 2006, employees who possess a California
Water Environmental Association (CWEA) Grade II Certificate will
receive a bonus of $50 per month.
3) Grade ill: Effective January 1, 2006, employees who possess a California
Water Environmental Association (CWEA) Grade ill Certificate will
receive a bonus of $1 00 per month.
There shall be no pyramiding of CWEA bonus pay, therefore only the highest pay
eligible will be provided.
Article IV
WORK WEEK
SECTION 1. The regular workweek for all employees covered by this MOD shall be forty (40)
hours per week.
Article V
PROBATION
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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 the approval of the Personnel Director, the department head may, for just cause,
extend the probationary period for up to an additional 13 consecutive pay periods. The employee
shall attain regular status in the class upon successful completion of the probationary period or
any extension of the probationary period. An 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 probationary employee shall not be entitled to appeal a
termination or demotion, except as is provided for by law.
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 process.
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Article VI
PROMOTION
SECTION 1. Salary Step Assignment. When an employee is promoted to a position of 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" in the appropriate range for the higher classification, he may be placed in
the step in that appropriate salary range as will grant him an increase of at least one {I), but no
more than three (3) salary steps, at the discretion of the City Manager.
SECTION 2. Eligibility List. When eligibles remain in higher bands and the department head
selects an eligible in a lower band, upon request of an unsuccessful candidate for promotion, the
department head will ensure that the eligible candidates who remain in higher bands are notified
ofthe reasons for their non-placement.
Article VII
DEMOTION
SECTION 1. When an employee is demoted for disciplinary reasons, to a position in a lower
classification, the new salary rate shall be fixed in the appropriate salary range for the lower
classification, in accordance with the following provisions:
A. The salary rate shall be reduced by at least one (1) step, and
B. The new salary rate must be within the salary range for the classification to which the
employee is 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,
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or until such time as the employee is promoted to a position assigned to a higher
compensation range.
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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 I. The City may only 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.
SECTION 3. Acting Time Pav.
A. An employee shall receive acting time pay at the "A" Step of the higher class, or 5%
above the employee's regular sal~, whichever is greater, for work performed within
the higher classification on the IS 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.
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SECTION 4. Eligibility Period. The employee shall have a 30 consecutive calendar day
eligibility period to accumulate the 14 working days before an employee is entitled to receive
acting time pay. Absence for any reason (sick leave, compensatory time, vacation), except
absence due to regularly scheduled holidays or a regularly scheduled day off, shall break
consecutiveness and cause an employee to be ineligible to receive acting pay, if such absence
causes the accumulation of the 14 working days to exceed the 30 consecutive calendar days
eligibility period.
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Article X
OVERTIME/COMPENSATORY TIME/CALL BACK
SECTION I. Entitlement for Overtime.
A. Compensatory Time. All employees shall be entitled to overtime compensation for all
hours worked in excess of (40) forty hours within the employee's regular workweek.
Compensatory time shall be paid either in the form of pay at the employee's regular
hourly rate or equivalent time off. The method of payment of overtime, either in cash or
equivalent time off, must be authorized or approved by the department head or his
designee.
B. Premium (Time and One-Half) Overtime. Only time actually worked (i.e., not holiday,
vacation, compensatory time, or sick leave) over 40 hours in an FLSA work period shall
be paid at the premium (time and one-half) rate either in the form of payor compensatory
time off. If in the event of circumstances beyond the City's control (such as acts of God,
fire, flood, insurrection, civil disorder, national emergency, or other. similar
circumstances), an employee is required to hold over on his normal work shift, and to
jointly work with another employee who has been called back pursuant to Article X,
Sections 9 and II herein, then such employee shall be entitled to premium (time and one-
half) overtime compensation.
SECTION 2. Compensatory Time Accumulation. Compensatory time for overtime shall be
accumulated in no less than one-quarter (Y<) hour per day increments. When an employee works
less than one-quarter (Y<) hour per day of overtime, the employee shall not receive compensatory
time for overtime of less than one-quarter (Y<) hour per day worked.
SECTION 3. Eligibilitv. In order to be entitled to overtime, such compensatory time must be
authorized by the department head or his designated representative.
SECTION 4. Maximum Comllensatory Time Accrnal. Any accumulated compensatory time
accrued in excess of 80 hours per calendar year, shall be automatically paid in cash on the first
pay-period of the new calendar year.
SECTION 5. Use of Compensatory Time.
A. Accumulated compensatory time off may be taken by an employee upon reasonable
notice and prior approval of the department head or his designee.
B. Accumulated compensatory time off shall be taken by an employee when directed by
the department head; provided, however, that the department head gives an employee
at least ten (10) days' notice prior to the date compensatory time off is to be taken.
C. In approving and directing compensatory time off, the department head will, as far as
practical, attempt to accommodate employee convenience to the degree possible in
light of the operational requirements of the department. .
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SECTION 6. Nothing herein is intended to limit or restrict the authority of the City to require
any employee to perform overtime work.
SECTION 7. Whenever two (2) or more premium (time and one-half) compensation rates or
overtime rates may appear to be applicable to the same hour or hours worked by any employee,
there shall be no pyramiding or adding together of such premium (time and one-half) or overtime
rates and only the higher applicable rate shall apply.
SECTION 8. An employee promoted to a higher classification not covered by this MOD shall
have all accumulated compensatory time paid in cash at the time of promotion and at the
employee's current rate of pay prior to promotion.
SECTION 9. Callback Compensation. If an employee is required to be called back to work after
completing his normal work shift, after having left City premises and/or the employee's work
location, the employee shall be compensated at the rate of 1 Yz times the employee's equivalent
hourly base rate for each hour worked on callback with a minimum of two (2) hours callback
compensation or equivalent time off at I y, times the actual hours worked, regardless of whether
the employee actually works less than two (2) hours. This provision shall be applicable to
employees although the employee's regular workweek is not completed, but shall not apply to
employees who are continuing on duty for their normal work shift. Section 11 below denotes
compensation provided when an employee is eligible for callback pay and standby pay.
SECTION 10. Standby Pav. Employees, assigned by Management to standby status after their
regular work hours, will receive two (2) hours per day (Monday through Friday) of standby pay
at their straight time hourly rate or three (3) hours per day for Saturdays, Sundays, and Holidays.
Employees must be capable of performing all duties that would be required if called back to
work.
SECTION 11. Callback Pav Plus Standbv Pav. Employees who are required to be called back
to work pursuant to Section 9 above, and who are assigned by Management to standby status
after their regular work hours pursuant to Section 10 above, will receive two (2) hours per day
Monday through Friday) 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 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.
Article XI
HOLIDAYS
SECTION 1. Holidav Designation. Employees covered by this MOU shall receive the following
paid nine (9) hour holidays except letter "I" below:
A. January 1st (New Year's Day)
B. Third Monday in February (President's Day)
C. Last Monday in May (Memorial Day)
D. July 4th (Independence Day)
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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 (Thanksgiving Day)
1. 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. One nine (9) hour floating holiday (effective each January 1)I
SECTION 2. Floating Holiday. Effective January 1 of each year employees will have credited
one nine (9) hour floating holiday per calendar year. Floating holiday requirements are as
follows:
A. This floating holiday shall be taken as time off from work no later than the end of the
calendar year.
B. The floating holiday is not cumulative and shall be forfeited should it not be taken
during the calendar year in which it was earned.
C. The floating holiday shall be, taken at the convenience of the City with approval of the
department head.
D. Employees under this section who terminate their employment with the City prior to
using the floating holiday shall receive cash reimbursement for said holiday.
E. Probationary employees are provided with and are eligible to use floating holiday and
fixed holiday hours, according to the guidelines established in this section, and/or
with approval of the Personnel Director.
SECTION 3. Holidavs 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. When any of the above holidays falls the employee's regularly
scheduled day off during the week, except one-half day before Christmas, employees will be
credited with nine (9) hours of holiday compensatory time. Such time must be taken by the
second (2nd) pay period ending in January of the year following the year in which it is accrued.
SECTION 4. Eligibility to Receive Holiday Pay. In order to be eligible to receive holiday pay,
Ianemployeemusthaveworked, or be deemed to have worked because of a lawful absence, the
employee's 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.
SECTION 5. Holidav 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.
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SECTION 6. Nothing herein is intended to limit or restrict the authority of the City to require
any employee to perform overtime work.
SECTION 7. Whenever two (2) or more premium (time and one-half) compensation rates or
overtime rates may appear to be applicable to the same hour or hours worked by any employee,
there shall be no pyramiding or adding together of such premium (time and one-half) or overtime
rates and only the higher applicable rate shall apply.
SECTION 8. An employee promoted to a higher classification not covered by this MOD shall
have all accumulated compensatory time paid in cash at the time of promotion and at the
employee's current rate of pay prior to promotion.
SECTION 9. Callback Compensation. Ifan employee is required to be called back to work after
completing his normal work shift, after having left City premises and/or the employee's work
location, the employee shall be compensated at the rate of 1 y, times the employee's equivalent
hourly base rate for each hour worked on callback with a minimum of two (2) hours callback
compensation or equivalent time off at I y, times the actual hours worked, regardless of whether
the employee actually works less than two (2) hours. This provision shall be applicable to
employees although the employee's regular workweek is not completed, but shall not apply to
employees who are continuing on duty for their normal work shift. Section 11 below denotes
compensation provided when an employee is eligible for callback pay and standby pay.
SECTION 10. Standbv Pav. Employees, assigned by Management to standby status after their
regular work hours, will receive two (2) hours per day (Monday through Friday) of standby pay
at their straight time hourly rate or three (3) hours per day for Saturdays, Sundays, and Holidays.
Employees must be capable of performing all duties that would be required if called back to
work.
SECTION 11. Callback Pav Plus Standbv Pav. Employees who are required to be called back
to work pursuant to Section 9 above, and who are assigned by Management to standby status
after their regular work hours pursuant to Section 10 above, will receive two (2) hours per day
Monday through Friday) 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 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.
Article XI
HOLIDAYS
SECTION 1. Holiday Desil!Ilation. Employees covered by this MOD shall receive the following
paid nine (9) hour holidays except letter "f' below:
A. January 1" (New Year's Day)
B. Third Monday in February (president's Day)
C. Last Monday in May (Memorial Day)
D. July 4th (Independence Day)
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SECTION 6. Double Time Pav. All employees required to work on a holiday listed above, shall
receive, with the approval of their department head or his designee, 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. Further, an employee who works in excess of nine (9) hours on a holiday listed
above, shall receive double time pay for all such hours actually worked. All employees required
to work on the following City-observed holidays shall receive holiday pay plus time and one-half
for all hours worked on these holidays: Independence Day (July 4th), Thanksgiving Day, and
Christmas Day (December 25t\ Employees shall receive no other compensation whatsoever for
working on a holiday.
Article XII
VACATION
SECTION 1. All full-time, regular employees who have one (1) year's continuous service shall
thereafter be entitled to a vacation as follows:
After Y ear( s)
of Service
1 thru 4
5 thru 10
11
12
13
14
15 thru 24
25 or more
Vacation Hours
Per Year
80
120
128
136
144
152
160
200
SECTION 2. Vacation Usage & Accumulation. Vacation shall be taken at the convenience of
the City with the approval of the department head. 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. Employees
shall not accumulate vacation in excess of the equivalent number of hours earned in the
immediately preceding 24-1l10nth period. No vacation hours shall be accrued in excess of the
equivalent number of hours earned in the immediately preceding 24-month period. Probationary
Oemployees 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 annual
vacation accrual into pay in lieu of time off with pay. An employee requesting such a conversion
must meet the eligibility requirement as set forth in Section 1 and may so convert once in a
calendar year.
SECTION 4. Vacation Payout UDon 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
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the prorated portion of their final accrual. Prorated vacation shall be on the basis of 1/12 of the
employee's annual vacation pay for each full month of service.
Article XIII
P ART-TIME AND TEMPORARY EMPLOYEE ELIGIBILITY FOR FRINGE
BENEFITS
SECTION 1. Definitions. Nothing contained in this section 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 Emplovees 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. Temporarv Part-Time Emplovees 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 Emplovees shall be those employees who are scheduled in the City's budget to
work on less than a six (6) month basis regardless of hours worked.
SECTION 2. Entitlement to Fringe Benefits Based Upon Proration of Hours.
A. Regular part-time employees shall receive fringe benefits in proportion to the number of
hours 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 proration shall apply to holiday pay, vacation, sick leave, flexible benefit
plan contribution, life insurance contribution, retirement contribution, and disability
insurance.
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.
SECTION 3. Temporarv and Seasonal Emplovees. Temporary and seasonal employees shall
receive no fringe benefits provided for in this MOU or in any resolution of the City, except those
stated in Article xvm Retirement, Section 4 of this MOU, or unless otherwise provided by
Federal and/or State Law.
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Article XIV
LEAVES OF ABSENCE
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SECTION 1. Leave of Absence Without Pav. For allregular employees as described herein, the
following Leave Without Pay procedure shall apply:
A. After all available leave benefits, including vacation, compensatory time, and any
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
without pay in excess of five (5) working days, no seniority shall be accumulated.
D. Subject to and consistent with th~ 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 not to exceed an additional six (6) months.
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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 (7) 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.
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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 all seniority
rights.
K. Forms setting forth the benefits available or such other pertinent information shall be
maintained for distribution in the Personnel Services Department.
SECTION 2. Personal Necessitv Leave. An employee may be allowed up to one (1) working
day per month, without pay, for personal business with approval of the department head or his
designee. Employees shall accrue no employment benefits for any personal necessity leave in
excess of one day per month. Personal necessity leave shall be without pay and shall not be
accumulated from month to month.
SECTION 3. Jury Dutv and Services as Witness for City.
A. Jury Dutv. When required to serve on a jury, all employees shall have time off for a
period of 30 calendar days per calendar year. Employees shall receive their regular pay
while serving on jury duty, provided all jury fees paid to the individual employee, less
allowed automobile expenses, are turned over to the City.
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 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 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. Probationafy employees may use
accrued sick leave during their probation period.
B. Sick leave will be charged at the rate of one-quarter (\4) hour for each hour an
employee is absent.
C. Any employee eligible for sick leave with pay may use such leave for the following
reasons:
I) Medical and dental office app.ointments during work hours when authorized by the
department head; and/or
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2) Personal illness or physical incapacity resulting from causes beyond the
employee's control; including pregnancy, childbirth and other medically related
conditions.
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3) 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 Auulication. Except as provided in Section 7 and Section 9 below, sick
leave may be applied only to absence cause 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. .
E. Minimum 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 (1/4) hour, while additional actual absence of over one-quarter (Y-.) hour shall
be charged to the nearest full one-half (Y.) full hour. Sick leave shall only be used for
the purposes stated and each department head shall be responsible for control of
employee abuse of the sick leave privilege. Employees may be required to furnish a
certificate issued by a licensed physician or other satisfactory written evidence of
illness to establish the employee's entitlement to sick leave payment.
F. Maximum Accumulation of Sick Leave. Employees shall be allowed to accumulate
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 Emulovees' 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 Emulovee. 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.
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1) Eligible 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 in the first pay period of
the following year.
3) Employees must have a minimum balance of 180 hours of sick leave available
after conversion.
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SECTION 6. Familv 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.
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. "hmnediate family" as
used in this subsection, shall be limited to any relation by blood, marriage or
adoption, who is a member of the employee's household (living at the same address)
and any parent, legal guardian, parent-in-law, brother-in-law, sister-in-law
grandparent, grandchild, aunt, uncle, spouse, 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 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. Industrial Leave. A regular employee who is temporarily or permanently
incapacitated 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 during the first 30 calendar days of
his injury. Following this period, the employee still on approved industrial leave shall
be compensated at 80% of his regular rate of pay up to a maximum of 335 calendar
days.
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 or that the employee is not temporarily or
permanently incapacitated or disabled, as a result of the injury or illness, then the
employee's accrued, or if insufficient, future sick leave shall be charged to reimburse
the City for any payments made to the employee pursuant to (A) above.
C. An industrial leave of up to one (I) year shall be authorized for each injury or illness
determined to be compensable under the Workers' Compensation Act.
D. Except as provided in (B) above, 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. Industrial leave shall expire when the first one of the following conditions occurs:
I) The employee is able to returu to work to his regular position.
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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 the first of the month after all of the following occur and
are determined by the Public Employees' Retirement System:
I a) The employee's condition is determined to be permanent or of an extended
duration;
b) The degree of disability precludes continued employment by the employee in
his present position.
4) After 52 weeks of industrial leave.
F. Personal Physician Notification. Employees who have not previously submitted
notification of Election of Personal Physician 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 30-day period, an employee may change to
a physician specified by him 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 has notified the City in writing, prior to the date of injury that he has a
personal physician, the employee shall have the right to be treated by such physician
from the date of injury providing that:
I) 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 irUury/illness is job-related shall be paid
retroactively if the injury/illness is subsequently determined to be job-related. In such
instances the employee shall be reimbursed for any benefit or premium payments made
by the employee prior to the job-related determination being finalized.
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SECTION 9. Familv Care and Medical Leave lFCML). State and Federal laws require the City
to provide family care and medical leave for eligible employees. The following provisious 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) (Govemment Code Section
12945.2). Unless otherwise provided, "Leave" under this article shall mean leave pursuant to the
FMLA and CFRA.
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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 of leave
during any 12-month period. An employee's entitlement to leave for the birth or
placement of a child for adoption or foster care expires 12 months after the birth or
placement.
B. The l2-month period for calculating leave entitlement will be a "rolling period" measured
backward fr.om 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 l2-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/her 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 coverage (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 the term
of the MOU.
SECTION 2. Selection and Funding. In the administration of the fringe benefit programs, the
City shall have the right to select any insurance carrier or other method of providing coverage to
fund the benefits included under the tenns of this MOU, provided that the benefits of the
employees shall be no less than those in existence as of implementation of this MOU.
SECTION 3. Changes. If, during the term of this MOU, any change of insurance carrier or
method of funding for any benefit provided herein occurs, the City shall notify the OMCBA prior
to any change of insurance carrier or method of funding the coverage.
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Article XVI
HEALTH BENEFITS
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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. The City shall contribute toward the payment of premiums under the PERS Health
Benefits Plan to each eligible retiree annuitant ofPERS, to the extent required by law,
a contribution of $48.40 per month. Effective January I, 2006, this amount shall
increase to $64.60 per month. Effective January I, 2007, this amount shall increase
to $80.80 per month.
B. Flexible Benefits Plan. The City shall provide a Section 125 Flexible Benefits Plan
for active full-time eligible employees and pay the following amounts to provide
funds for optional dental plans, vision plans, health plans, or as miscellaneous pay:
Effective DlIte Single 2-P:uty Family
Janu 1,2005
Janu 1,2006
Janu 1,2007
345
390
410
605
670
705
765
875
919
C. Any amounts in excess of the amounts designated in Section 1 B necessary to
maintain benefits plans selected by the employee shall be borne by the employee.
D. An employee cannot be emolled in the PERS Health Benefits Plan if a spouse is
emolled in the same agency or emolled in an agency with PERS health, unless the
employee (or the spouse) is emolled without being covered as a family member.
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E. An employee may choose to not be emolled in the Health Benefits Plan. If an
employee chooses not to be emolled 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 $330.00 per month towards the flexible
benefit plan. This amount shall increase to $390.00, effective January 1, 2006, and to
410.00 effective January 1, 2007.
F. In the event that the employee loses eligibility (with documentation) then the
employee may re-emoll 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 covered under this MOD.
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SECTION 3. Long Term Disabilitv Benefit. The City shall provide a long-term disability plan
which pays 60% of salary after a sixty (60) day elimination period, to a maximum of $3,000 per
month. Effective January I, 2006, the maximum LTD benefit shall increase from $3,000 per
month to $4,000 per month.
SECTION 4. State Disabilitv Insurance. The City of Orange has entered into a contract with the
State of California for an integrated State Disability Plan concerning employees in OMCEA.
A. The Disability Insurance Program is designed to serve the employees by mail. The
employee need not leave home or the hospital to receive benefits. In order to apply, a
claim form must be obtained from the Personnel Services Department. The "Claim
Statement of Employee" form must be completed by the employee and the
employee's doctor must complete the "Doctor's Certificate" section before the claim
can be processed. The employee should be aware that if he receives State Disability
Insurance benefits for time paid as sick leave by the City, he will be responsible for
reimbursing the City by payroll deduction for the amounts paid by both the City and
State Disability insurance, and sick leave balances will be adjusted accordingly.
B. When a claim is received, the State Disability Insurance Office will request the
necessary information to determine the employee's eligibility. Benefits may begin
with the day after the 7th calendar day waiting period of disability or the first day of
hospitalization. An employee may be paid for the waiting period if their disability
exceeds 21 days.
C. Benefits are coordinated between the City of Orange and State Disability and the
employee is paid allowance benefits based on their present rate of pay and the State
Disability Insurance benefit schedule.
Article XVII
EDUCATIONAL ASSISTANCE PROGRAM
SECTION I. 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 either designated to directly improve the knowledge or skill
of the employee relative to his specific job, or courses leading to an accredited degree or
certificate program. The request will be reviewed by the department head who shall submit all
requests, along with recommendations, to the Personnel Director for final approval.
Reimbursement will be based upon the final grade received. A final grade of "C" or better
qualifies the employee for 100% reimbursement up to the amount specified in Section 2 of this
Article.
SECTION 2. Payments. Educational assistance payments to an employee shall not exceed
600.00 in anyone fiscal year and the individual must still be employed by the City when the
course is completed.
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I
Article XVIII
RETIREMENT
SECTION 1. All benefited employees participate in the Public Employees' Retirement System.
The City agrees to pay 8% of the employee's base salary to the Public Employees' Retirement
System including the full contribution for the Survivors Benefit.
SECTION 2. Effective June 29, 2003, the City shall provide the PERS 2.7% @ age 55
Retirement Program. Effective June 27, 2004, and for the term of this agreement, employees
shaH contribute 2.64% of PERS-reportable salary, on a pretax 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 towards 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 temporary employees not covered under the Public Employees'
Retirement System shall participate in a defined contribution retirement plan in lieu of Social
Security contributions. The City shall contribute 3.75% of the employee's eligible earnings
toward the retirement plan. Part-time employees shall contribute 3.75% of their eligible earnings
toward the retirement plan.
SECTION 5. Effective June 27, 2004, pursuant to Govermnent Code Section 20636(c), the City
agrees to pay and report the value of employer paid member contributions (EPMC) to CaIPERS
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 Govermnent Code Section 20636 (c)(4)
as additional compensation).
Article XIX
MISCELLANEOUS PROVISIONS
SECTION 1. Rideshare Incentive 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, or other approved modes of transportation to report to and from the work-site.
To qualify for these incentives, the employee must use one of the above forms of transportation
for 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 shall be $135.00 per
calendar year and shall be reported to PERS: Chemical Sprayer; Equipment Mechanic II;
Equipment Mechanic Lead; Equipment Operator I; Equipment Parts Technician; Field
Maintenance Leadworker; Field Maintenance Worker W; Skilled Maintenance Worker;
and Senior Park Equipment Mechanic.
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B. All uniforms and/or safety equipment purchased by the City shall remain the property of
the City.
SECTION 3. Safetv Shoes. Designated employees covered by this MOD are required to wear
safety shoes with steel toes while on duty. An employee will receive up to $300 per fiscal year
for safety boot allowance. Inspection of the work site will be made on a regular basis to
ascertain compliance to the safety shoe program.
SECTION 4. Evel!lass Reolacement. The City will pay for replacement of employee's
eyeglasses 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 (1) pair oflostor damaged eyeglasses per fiscal year.
SECTION 5. Tool Allowance. Employees classified as Equipment Mechanics shall provide
such tools as are ordinarily used in the trade, which shall be the personal tools of the Mechanic.
A. The City will establish with a vendor an account for said employees who have at least
one (1) year of service in such classification.
B. Such employees shall be allowed up to $620 per fiscal year. Effective July 1, 2006,
this shall increase to $700.00 per fiscal year, with such vendor in order to replace and
maintain the tools necessary for the performance of his job duties.
C. At the beginning of each fiscal year, garage mechanics are required to submit or
maintain a current list of tools with the Garage Supervisor. Each list must contain
information to adequately describe and identifY each tool, including type, brand and
cost that is owned by the employee.
D. The City will reimburse the mechanics for their personal tools that are:
1) Damaged due to fire, earthquake or flood; or
2) Stolen while the tools are on City's premises with evidence of forced entry into the
garage area.
E. An employee will not be reimbursed for tools that are. lost, misplaced or misused.
The City shall bear no liability or responsibility for such tools except as provided in
this section.
SECTION 6. Breaks. Employees are entitled to two 15-minute breaks, unless an emergency
requires continued work, as determined by the employee's supervisor. An employee shall be
permitted to take one break during the first half of the work shift and one break during the
second half of the work shift. Breaks shall be scheduled to ensure that public counters and
telephones are covered at all times during the regular working day and are designed to provide a
period of relaxation and/or nutrition during each half of the working day. ITa break is not taken,
it shall not be accumulated, but shall be lost and not charged in the future to the City.
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Article XX
TRAVEL EXPENSE ALLOWED
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SECTION 1. Mileage Reimbursement. Expense claims for the use of private automobiles must
be authorized by the department head and submitted to the Accounts Payable division of the
Finance Department for reimbursement. Such use, where mileage is reimbursed, will be
reimbursed at the rate per mile allowed under the current IRS regulations.
SECTION 2. Out of City Travel. If the estimated expense of contemplated travel out of the City
is too great to expect the employee to finance the trip and be reimbursed upon his return, the City
Manager may authorize advance payment of the estimated amount of the travel expense to the
employee.
A. Tourist class airplane passage will be considered standard for out-of-town travel.
B. Use of personal cars for out-of-town trips, within the State, may be approved by the
City Manager when use of commercial transportation is not available or practical. . If
an employee prefers to use his personal car, he may be reimbursed mileage expenses
as long as the expenses do not exceed the amount of the cost of the commercial
transportation.
I) The rate per mile allowed under the current IRS regulations shall be approved for
use of personal cars when City cars are not available.
SECTION 3. Transportation and Expense Charges. Air, rail, or public transportation used,
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 the trip.
B. Telephone and facsimile charges will be allowed for official calls and transmissions.
C. Expenses for meals will be reimbursed according to Administrative Policy Number 4.13.
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Article XXI
SAFETY AND HEALTH
SECTION I. Compliance. 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.
SECTION 2. In addition, the City and OMCEA agree to actively pursue the continuance of safe
working procedures and environments.
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A.rticle )(J{II
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 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.
I. To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and assignments.
J. To relieve employees from duties for lack of work, economic conditions, or similar
non-disciplinary reasons.
K. To establish and modify productivity and performance programs and standards.
L. To discharge, suspend, demote, or otherwise discipline employees for proper cause.
M. To determine job classifications and to reclassify employees and to determine the
classifications to be assigned to the bargaining unit.
N. To hire, transfer, promote, and demote employees for non-disciplinary reasons in
accordance with this MOD.
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I
I
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 andlor modify rules and regulations to maintain order
and safety in the City which are not in contravention with this MOD.
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 a significant number of employees of the bargaining unit, the
City agrees to meet and confer in good faith with representatives of OMCEA 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 or in Personnel Rules and
Salary Resolutions and Administrative Code, which are incorporated in this MOD. By agreeing
to meet and confer with OMCEA as to the impact and the exercise of any of the foregoing City
Rights, Management's discretion in the exercise of these rights shall not be diminished.
Article XXIII
EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES
SECTION 1. Dues Deductions/Agencv Shop: The City shall deduct for dues and OMCEA
benefits on a bi-weekly basis from the pay of all employees in the classifications and positions
recognized to be represented by OMCEA. These deductions shall be made utilizing a mutually
agreed upon form to be provided for this purpose. The City shall remit such funds to OMCEA
within 10 days following their deduction. OMCEA 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. OMCBA agrees to hold the City harmless and indemnify the
City against any claim, causes of actions, or lawsuits arising out of the deductions or transmittal
of such funds to OMCEA, except the intentional failure of the City to transmit to OMCEA
monies deducted from the employees pursuant to this Article.
SECTION 3. Newlv Hired Emolovees. OMCEA will be provided with a list of the names and
department of newly hired employees in the representation unit on a monthly basis.
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SECTION 4. Bulletin Boards. OMCEA shall have the right to use bulletin boards on City
premises for the purpose of posting announcements and OMCEA information. The City will
furnish bulletin board space on one existing bulletin board to be selected by OMCEA at each
location where there are five or more employees. The bulletin boards shall be used for the
following subjects only:
I) Union recreational, social, and related OMCEA news bulletins.
2) Scheduled OMCEA meetings.
3) Information concerning OMCEA elections and the results thereof.
4) Reports of official OMCEA business, including OMCEA newsletters, reports of
committees, or the Board of Directors.
5) Any other written material which first has been approved and initiated by the
designated City representative at each facility. The designated City representative
must either approve or disapprove a request for posting within 24 hours, excluding
Saturday, Sunday, and legal holidays, from the receipt of the material and the
request to post it. The designated City representative shall not unreasonably
withhold permission to post.
SECTION 5. Except as limited by specific and express terms of this MOU, OMCEA hereby
retains and reserves unto itself all rights, powers, and authority, confirmed on and vested in it' by
the laws and Constitution of the State of California and/or United States of America.
Article XXIV
GRIEVANCE AND
DISCIPLINARY APPEALS PROCEDURE
SECTION l. DEFINITION OF GRIEVANCE. A grievance shall be defined as a timely
complaint by an employee or group of employees or OMCEA 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 discretion of the Personnel Director.
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I
I
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 herein 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. The grieving party may request the assistance of
OMCEA in presenting a grievance at any level of review or may represent himself.
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 ten (10) business days
elapse from the date of the alleged incident giving rise to the grievance, or when the grievant
knew or should have reasonably become aware of the facts giving rise to the grievance and the
filing of a written formal grievance with the 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 ten (10) business days from the date of the incident giving rise to the grievance,
or when grievant knew or should have reasonably become aware of the facts giving rise to the .
grievance, the grievance shall be barred and waived.
SECTION 6. FORMAL GRIEVANCE PROCESS. PERSONNEL DIRECTOR.
DEPARTMENT HEAD. If the. grievance is not resolved through the informal process, a written
grievance must be 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 ten (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.
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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
XXIV.
SECTION 8. FORMAL GRIEVANCE PROCESS. CITY MANAGER. If the grievance is not
resolved in Section 6 above, or if no answer has been received from the Personnel Director and
department head within ten (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 Manager, or his duly
authorized representative, shall render a final decision on the merits of the grievance and
comments, in writing, and return them to the grievant within ten (10) bnsiness days after
receiving the grievance. After this procedure is exhausted, the grievant, the OMCEA 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 15 City business days of the date of any notice of termination. Failure to request
a hearing within the 15-day period constitutes a waiver of the hearing. In lieu of a hearing, a
terminated employee may submit a written response to the City Manager within the 15-day
period. Requests for extensions to file a written response must be made within the 15-day
period. If a hearing is requested to challenge the imposition' of termination, a full evidentiary
hearing shall be held by a Hearing Officer who shall render an advisory decision.
If the parties cannot agree on the identity of the Hearing Officer, the parties shall procure from
the State Conciliation Service a list of seven qualified Hearing Officers. Each party shall
alternately strike one name from the list until only one (I) 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, snail 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.
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C. The decision of the Hearing Officer IS remitted to the City Manager for final
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 ten (10) business days after receiving the Hearing Officer's
findings.
E. After this procedure is exhal.lsted, the grievant, OMCEA and the City shall have all
rights and remedies to pllsue said grievance under the law.
Article XXV
NO STRIKE-NO LOCKOUT
SECTION 1. OMCEA, its officers, agents, representatives and/or members agree that dllfing the
term of this MOD, 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
MOD. The term "lockout" is hereby defined so as not to include the discharge, suspension,
termination, layoff, faillle to recall, or faillle to return to work of employees of the City in the
exercise of its rights as set forth in any of the provisions of this MOD or applicable ordinance or
law.
SECTION 3. Any employee who participates in any conduct prohibited in Section 1 above may
be subject to termination by the City.
SECTION 4. In addition to any other lawful remedies or disciplinary actions available to the
City, if OMCEA fails, in good faith, to perform all responsibilities listed below in Section A,
OMCEA Responsibility, the City may suspend any and all of the rights, privileges, accorded to
OMCEA under the Employee Relations Resolution in this MOD, including, but not limited to,
suspension of recognition of the MOD, grievance procedure, right of access, check-off, the use
of the City's bulletin boards, and facilities.
SECTION 5. OMCBA Responsibilitv.
I
A. In the event that OMCEA, its officers, agents, representatives, or members engage in any
of the conduct prohibited in Section I above, Prohibited Conduct, OMCEA or its duly
authorized representatives shall immediately instruct any persons engaging in such
conduct that their conduct is in violation of this MOD and unlawful, and they should
immediately cease engaging in conduct prohibited in Section I above, Prohibited
Conduct, and return to work.
B. If OMCEA performs all of the responsibilities set forth in paragraph A above, its officers,
agents, and representatives shall not be liable for damages for prohibited conduct
performed by employees who are covered by this MOD in violation of Section 1 above.
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Article XXVI
OMCEA REPRESENTATIVES
SECTION 1. The City agrees to recognize up to six (6) OMCEA representatives.
SECTION 2. OMCEA shall have the responsibility to notify the City, in writing, of the names of
its duly authorized representatives. The City shall have no obligation to recognize or deal with
any employee as a representative unless he is on the designated representative list.
SECTION 3. Representatives shall not log compensatory time, overtime, or any other premium
time and one-half) pay for time spent performing any function as a representative.
SECTION 4. OMCEA representatives shall be allowed to use City available facilities to hold
meetings. In addition, each representative shall be allowed one (I) hour of paid release time per
month for the purpose of attending OMCEA Board meetings. OMCEA will make advanced
notification to a designated management representative as to the time and date of such meetings
and names and departments of persons attending on release time.
A. Release time for monthly Board meetings will normally be taken in conjunction with the
employees' lunch break or toward the end of the work shift.
B. Such hours are not cumulative from month to month, and/or fiscal year to fiscal year, and
are chargeable only at the rate of one (I) hour per month up to a limit of twelve hours per
fiscal year.
C. Employees who receive this compensation are listed in Section I above and shall.receive
no other compensation other than the one (I) hour pay up to a maximum of twelve hours
per fiscal year.
Article XXVII
LAYOFF PROCEDURE
SECTION I. Pumose. 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. This procedure applies to all OMCEA Employees. All departments are
subject to reduction in force at the direction of the City Manager.
SECTION 3. Policy. The City retains the right to abolish any position, reduce the work force
and layoff employees when it becomes necessary due to economic conditions, organizational
changes, lack of work, or because the necessity for a position no longer exists. Whenever
possible, the city will advise OMCEA of their intent at least ten (10) 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.
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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:
I 1) Temporary employees (19 hours or less);
2) Initial probationary employees;
3) Regular part-time employees (20 but less than 40 hours);
4) Regular full-time employees (40 hours).
Layoffs shall be based on citywide seniority.
B. LAYOFFS
1) Layoffs and demotions shall be based on citywide seniority, except, negative
performance during the past three (3) years will be considered to determine the
order of layoff. Negative performance and disciplinary actions will include the
following:
a) Denial of merit increases;
b) Suspension without pay;
c) Extensions of probationary periods;
d) Disciplinary demotions to lower level positions;
e) Disciplinary reductions in pay;
f) Annual performance evaluations containing significant, negative written
comments indicating improvement needed and warning of further consequences
to follow if improvement fails to occur.
2) A single negative disciplinary action as described above will not reduce the
employee's seniority. . However, each additional disciplinary action during the three
3) year period will reduce the employee's seniority by two (2) years for each
additional occurrence, for a possible reduction of six (6) years.
3) The order of layoff shall be established by the Personnel Director, including
seniority and results of review of performance evaluations and prior disciplinary
actions.
I
4) The order of layoff will be the least senior employee as determined by the
procedure above.
5) 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.
6) 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
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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.
7) 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 fmal 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 address.
D. TRANSFER OR DEMOTION IN LIEU OF LAYOFF
1) Whenever employees are to be laid off, they may transfer or demote to another
vacant position in their own department or other departments providing that:
a) The positions are at the same or lower level;
b) Positions are authorized, budgeted, and the city intends to fill the vacancies;
c) Employee meets 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 meet all of the following criteria:
a) Possess the minimum qualifications for the class within the classification series;
b) Employee meets or can reasonably meet qualifications for the new position as
determined by the Personnel Director or can reasonably meet the qualifications
within one month following appointment;
c) Possesses greater seniority to displace a lower level worker;
d) Requests in writing a reduction to the previously held or supervisory position
within ten calendar days of receiving the notice of layoff or voluntary
demotion. A voluntary demotion shall not reflect as a negative action in the
employee's personnel file.
E. RE-EMPLOYMENT LISTS
1) Regular employees in good standing who are laid off or demoted shall have their
name placed on a departmental re-employment list for the last classification
previously held. Names shall be placed on the list in inverse order of seniority.
Last released - first re-hired). Vacancies the department desires to fill will be
offered first to eligibles on the departmental re-employment list.
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2) Other hiring departments who have vacancies the city desires to fill will give
priority consideration to those employees whose names appear on the re-
employment list. If these employees are not selected for re-hire, the reason for
non-selection must be approved by the Personilel Director.
I
3) Names of qualified individuals shall remain on re-employment lists for a period
not to exceed two (2) years from the date of layoff. Individuals who qualifY for
re-hire but do not respond to written notification to the last known address on file
within ten (10) calendar days or who refuse two (2) job offers shall have their
names removed from the re-employment list. Once re-hired, employee names are
removed from all re-employment lists.
4) When an employee is rehired under the provisions of E. 1,2, or 3 above, the
employee will retain the seniority that he/she had upon leaving the city service for
the purposes of vacation benefits, sick leave benefits, and overall calculation of
citywide seniority. This provision would apply to employees reinstating to city
service within 18 months of layoff date.
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 defmed 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 MOD shall supersede
all prior agreements and memorandums of agreement, or memorandums of understanding, or
contrary salary and/or personnel resolutions or Administrative Codes, provisions of the City, oral
and written, expressed or implied, between the parties, and shall govern the entire relationship
and shall be the sole source of any and all rights which may be asserted herein. This MOD is not
intended to conflict with federal or state law.
Article XXIX
I
WAIVER OF BARGAINING DURING THE TERM OF THIS
MEMORANDUM OF UNDERSTANDING
SECTION l. During the term of this Memorandum of Dnderstanding, the parties mutually agree
that they will not seek to change, negotiate or bargain with regard to wages, hours, benefits, and
terms and conditions of employment, whether or not covered by the MOD or in the negotiations
leading thereto, and irrespective of whether or not such matters were discussed or were even
within the contemplation of the parties hereto during the negotiations leading to this
Memorandum. Regardless of the waiver contained in this Article, the parties may, however, by
mutual agreement, in writing, agree to meet and confer about any matter during the term of this
Memorandum.
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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 over, OMCEA shall have the right to meet and confer with the City regarding the
impact on employees of the suspension of these provisions in the MOU and any Personnel Rules
and policies.
Article XXXI
SEPARABILITY
SECTION 1. Should ally 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, 2005, and shall continue in full force and
effect until June 30, 2007.
Article XXXIII
RATIFICATION AND EXECUTION
The City and OMCEA 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 MOD is hereb~
executed by the authorized representatives of the City and OMCEA and entered into this 11
day of October, 2005.
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I
I
CITY OF ORANGE
ct.~~
1.1 ~/ /.
J.
Yij/ / ,"-,~., . . 1/'" /j--,/Z/i,;,-l(_~// 1/: t.
Patrici Roth, Senior Personnel Analyst
ORANGE MAINTENANCE &
CRAFTS EMPLOYEES'
ASSOCIATION
Field Main!. Superintendent
Approved as to form:
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APPENDIX "A"
ORANGE MAINTENANCE AND CRAFTS EMPLOYEES' ASSOCIATION
MONTHLY SALARY RANGES
I
EFFECTIVE JUNE 26. 2005
3.0% ACROSS THE BOARD SALARY INCREASE. PLUS 1.0% SALARY INEOUlTY
INCREASE FOR FIELD MAINTENANCE LEAD
NEW STEP STEP STEP STEP STEP STEP
Classification Title RANGE A B C D E F
Chemical Sprayer 431 3060 3217 3381 3553 3734 3925
Custodian 389 2482 2609 2742 2882 3029 3183
Equipment Mechanic I 437 3153 3314 3483 3661 3848 4044
Equipment Mechanic II 457 3484 3662 3849 4045 4251 4468
Equipment Mechanic Lead 467 3662 3849 4046 4252 4469 4697
Equipment Operator I 428 3015 3169 3330 3500 3679 3866
Equipment Operator II 458 3502 3680 3868 4065 4273 4490
Equipment Parts Technician 438 3169 3331 3501 3679 3867 4064
Field Maintenance Lead 466 3644 3830 4025 4231 4446 4673
Field Maintenance Worker I 402 2648 2783 2925 3075 3231 3396
Field Maintenance Worker II 422 2926 3075 3232 3397 3570 3752
Sf. Park Equipment Mechanic 453 3415 3590 3773 3965 4167 4380
Skilled Maintenance Worker 449 3348 3519 3698 3887 4085 4293
Street Sweeper Operator 437 3153 3314 3483 3661 3848 4044
EFFECTIVE JUNE 25. 2006
2.0% ACROSS THE BOARD SALARY INCREASE
NEW STEP STEP STEP STEP STEP STEP
Classification Title RANGE A B C D E F
Chemical Sprayer 435 3122 3281 3449 3625 3809 4004
Custodian 393 2532 2661 2797 2940 3090 3247
Equipment Mechanic I 441 3217 3381 3554 3735 3925 4125
Equipment Mechanic II 461 3554 3736 3926 4127 4337 4558
Equipment Mechanic Lead 471 3736 3927 4127 4338 4559 4791
Equipment Operator I 432 3076 3233 3398 3571 3753 3944
Equipment Operator II 462 3572 3754 3946 4147 4359 4581
I
Equipment Parts Technician 442 3233 3398 3571 3753 3945 4146
Field Maintenance Lead 470 3718 3907 4107 4316 4536 4767
Field Maintenance Worker I 406 2702 2840 2984 3137 3296 3465
Field Maintenance Worker II 426 2985 3137 3297 3466 3642 3828
Sr. Park Equipment Mechanic 457 3484 3662 3849 4045 4251 4468
Skilled Maintenance Worker 453 3415 3590 3773 3965 4167 4380
Street Sweeper Operator 441 3217 3381 3554 . 3735 3925 4125
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