RES-9135 MOU Orange Management Association effective 3-1-99 to 6-30-02RESOLUTION NO. 9135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE
APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF ORANGE AND THE ORANGE MANAGEMENT
ASSOCIATION CONCERNING WAGES, HOURS AND OTHER
CONDITIONS OF EMPLOYMENT EFFECTIVE MARCH 1, 1999
THROUGH AND INCLUDING JUNE 30, 2002, AND REPEALING
RESOLUTION NO. 8649 AND AMENDMENTS THERETO FOR SAID
EMPLOYEES.
WHEREAS, the City of Orange, hereinafter referred to as "City," and the Orange
Management Association, hereinafter referred to as "Association," have met and conferred in
accordance with the requirements of the Meyer-Milias-Brown
Act; and WHEREIN, City and Association have reached agreement on wages,
salaries, and other working conditions effective March 1, 1999 through and including June 30,
2002, and repealed Resolution No. 8649 and amendments thereto for said employees, as set forth
in the Memorandum
of Understanding;NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange that the agreement between the City and the Association is approved and that a
Memorandum of Understanding (MOU) will be finalized and incorporated by reference as Exhibit "
A", and furthermore that staff is authorized to adjust the Fiscal Year 1999/2000, 2000/
2001, and 2001/2002 budgets to reflect the changes approved in
this resolution.ADOPTED this
13Udayof
JulyATTEST:C4<J#'~1d (
3t~fi4'~~City Clerk of th .
of Orange I h<ereby certify that the foregoing Resolution was duly and regularly adopted by
the City Council of the City of Orange at a regular meeting thereof held on the 13th day
of Jul y , 1999 by the following
vote:
AYES:
NOES:
ABSENT:COUNCILMEMBERS Murphy I Slater I Coontz I Spurgeon I Al
varez COUNCILMEMBERS
None COUNCILMEMBERS
None City Clerk of the . y of
Exhibit /lA"
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY of ORANGE AND THE
ORANGE MANAGEMENT ASSOCIATION
MARCH 1, 1999 THROUGH JUNE 30, 2002
Article NQ.. Article Title PaQe No.
Recognition 1
II Non-Discrimination
1 III Salaries
1 Basic Compensation Plan, Administration
of Basic Compensation Plan, Beginning Rates,
Service,Advancement within Schedule, Reduction in Salary
Steps,Incentive Pay Plan, Bilingual
Pay IV Probation
4 V Promotion
5 VI Demotion
5 VII Reassignment of Compensation Ranges
5 VIII Working Out Of Class
6 IX Call-
Back 7 X
Holidays 8 XI
Vacation 9 XII Leaves of
Absence 10 Leave of Absence Without Pay, Industrial Leave,
Jury Duty,Personal Necessity Leave, Military Leave,
Sick Leave,Bereavement Leave, Family Leave,
Administrative Leave XIII Health
Benefits 16 XIV Educational Assistance
Program 18 XV Travel Expense
Allowed 19 XVI
Retirement 20 XVII Employee Organizational
Rights and
Responsibilities 20 XVIII City
Rights 21 XIX Grievance
Article No, Article Title Page No.
XX No Strike/No Lockout 24
XXI Sole and Entire Memorandum of Understanding 24
XXII Waiver of Bargaining During the Term of this MOU 25
XXIII Emergency Waiver Provision 25
XXIV Miscellaneous Provisions 25
Tools, Workshoe Allowance, Rideshare Incentive,
Uniform Allowance
XXV Layoff Procedures 26
XXVI Separability Provision 29
XXVII Term of Memorandum Of Understanding 29
XXVIII Ratification & Execution 30
Appendix "A" Monthly Salary Ranges 31
Article I
RECOGNITION
s.E..CTION 1. Pursuant to the provisions of the Employer-Employee Relations
Resolution No. 3611 of the City of Orange, the City of Orange (hereinafter called the "City"), for
the purpose of meeting its obligations under the Meyers-Milias-Brown
Act (Government Code Section ~1500 et seq.), Employee Relations Resolution No. 3611 and
this Memorandum of Understanding (hereinafter referred to as MOU), has recognized
the Orange Management Association (hereinafter called the Association) as the majority
representative of the classifications as set forth
in Appendix "
A."
Article
IINON-DISCRIMINATION S..E.C:TION 1. The parties mutually recognize and agree to protect
the rights of all employees hereby to join and/or participate in protected Association activities
or to refrain from joining or participating in protected activities in
accordance with the Employer-Employee Relations Resolution and Government
Code Sections 3500 et. seq.s.E.!::TION 2. The City and the Association agree that
they shall not discriminate against any employee because of race, color, sex, age, national origin,
political or religious opinions or affiliations, or any other lawfully protected class. The City
and the Association shall reopen any provision of this MOU for the purpose of complying with any order
of a federal or state agency or court of competent jurisdiction requiring a modification or
change in any provision or provisions of this MOU in compliance with
state
orfederal anti-discrimination laws.S..E.CTION 3. Whenever the masculine gender is used
in this MOU, it shall be
understood toinclude the feminine gender.s.E.C:TION 4. The term "employee(s)" shall refer only
to
those employees
covered
by thisMOU.Article III SALARIES s.E.C:TION 1. BASIC COMPENSATION PLAN.
There is hereby established a basic compensation plan for all members of the Association who are
now employed or will in the future be employed in any of the designated classifications
of employment listed
CTION 2. Salaries effective the payroll periods of June 20, 1999, June 18,2000, and
July 1, 2001 for employees covered by this MOU are listed in Appendix "A." The salary and
wage schedules attached hereto shall constitute the basic compensation plan consisting of six
steps or rates of pay in each range. The listed salary and wage schedules constitute the basic
monthly c:ompensation plan based on a 40 hour work week.
TION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN. The
compensation ranges and steps contained in the monthly salary schedule in Appendix "A"
hereof an3 monthly compensation rates.
For all employees who have a regular weekly work schedule of 40 hours, the hourly rate
of pay sh,all be the monthly rate times 12 divided by 2,080 annual hours.
In determining the hourly rate as herein provided, compensation shall be made to the
nearest one-half (Yo)
cent.Part-time employees who are scheduled to work on an average of at least 20
hours per week on a year-round basis may be considered for advancement to the next
higher step upon completion of hours of employment equal to the minimum number of
months of service required for full-time employees. Two thousand eighty (2,080)
hours of part-time employment
shall equal one years' service.lli:TION 4. BEGINNING RATES. A new employee of the City
shall be paid the rate shown in the Step "A" in the range allocated to the class of employment
for which he has been hired, exc:ept that on the request of the department head under
whom the employee will serve,and with the authorization of the Personnel Director, such employee
may be placed in Step B", "C", "0", "E", or "F" depending
upon theemployee's qualifications.S.E.CTION 5 SERVICE. The word "service," as used in this
MOU, shall be defined to mean continuous, full-time service in an employee's
present classification, service in a higher classification, or service in a classification allocated to
the same salary range and having generally similar duties and requirements. A lapse of service by
any employee for a period of time longler than 30 days by reason of resignation or for any
length of time due to discharge shall serve to eliminate the accumulated length of service
time of such employee for the purpose of this MOU. An employee re-entering the service
of the City shall be considered as a new employee, except that he may be re-employed
within one year and placed in the same salary step in the appropriate compensation range as he
was
atthe time of the termination of employment.SE.C:TION
6. ADVANCEMENT WITHIN SCHEDULE. The
following regulations shall govern sallary advancement within ranges:A. MERIT ADVANCEMENT. After
the salary of an employee has been first established and fixed under this
MOU, such employee shall be advanced between steps,effective the first day of the next pay period
following the date of completion of
the
S. MERIT ADVANCEMENT. An employee may be considered for advancement
from Step "A" to Step "S", from Step "S" to Step "C", from Step "c" to Step "0", from Step
0" to Step "E," or Step "E" to Step "F" based only on continuous, meritorious, and
efficient service, and continued improvement by the employee in the effective
performance of the duties of his position. Such merit advancement shall require the
following:
1) The department head in the department which the employee is
employed shall file with the Personnel Director a Personnel Action Form
and a completed Performance Evaluation form recommending the
granting or denial of the merit increase and supporting such
recommendation with specific reasons therefor. A disapproval from the
Personnel Director, together with the reasons therefor, shall be returned
to the department head,
2) The recommendation of the department head and the approval of the
Personnel Director shall be forwarded to the Payroll Division of Finance
for change of payroll status.
3) Advancements through the pay ranges Step "A" through Step "F" shall
occur in yearly increments.
C. SPECIAL MERIT ADVANCEMENTS. In such cases as may occur wherein an
employee shall demonstrate exceptional ability and proficiency in the performance of his
dutiEls, the department head may recommend to the Personnel Director that said
employee be advanced to a higher pay step without regard to the minimum length of
service provisions contained in this MOU. The Personnel Director may, on the basis of a
department head's recommendation, approve and effect such an advancement.
D. LENGTH OF SERVICE REQUIRED WHEN ADVANCEMENT is DENIED.
When an employee has not been approved for advancement to the next higher salary
step, he may be reconsidered for such advancement at any subsequent time. This
reconsideration shall follow the same steps and shall be subject to the same action as
provided in the above paragraph of this section.
E. ADDITiONAL COMPENSATION, The salaries of those staff persons
appointed directly by the City Manager are established as standard salaries. However,
them is hereby created the Supervisory and Management Salary Adjustment Fund from
which additional compensation may be paid from time to time by the Finance Director,
upon written authorization of the City Manager, to those employees covered herein who
haVE! displayed extraordinary and superior ability in the management of their assignment,
or who have performed duties above and beyond those normally expected of a person of
similar experience, responsibility, training, and ability holding comparable positions in
other organizations. Nothing cuntained herein shall be construed to authorize an
increase in salary as payment for past services rendered.
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SECTION 7. REDUCTION IN SALARY STEPS. Any employee who is being paid
on a salary step higher than Step "A" may, for disciplinary reasons, be reduced by one or more
steps upon the recommendation of the head of the department in which he is employed with
the approval of the Personnel Director. Procedure for such reduction shall follow the same
procedure as outlined for merit advancements in Section 6 and such contained in Subsection
C of Section 6.
SECTION 8. INCENTIVE PAY PLAN. The City Manager may, for the employeescoveredbythisMOU, put into effect an incentive pay plan; the terms and conditions of which
shall be in the full discretion of the City.
SECTION 9. BILINGUAL ASSIGNMENT. Employees may be assigned by the
departmE!nt head to a Bilingual Assignment. Bilingual Assignments shall be made on the
following basis:
A. The department head shall determine the number of Bilingual Assignment
positions which are necessary based upon a demonstrable need and frequency of
use;
13. All Bilingual Assignments must be approved by the Personnel Director or his
designee;
c. Employees receiving Bilingual Assignment compensation must successfully pass
a proficiency test on an annual basis as determined by the Personnel Department;
D. No permanency or seniority may be obtained in a bilingual assignment and such
assignment may be revoked at any time by the Personnel Director or his
designee;
EO. 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.
F, Employees assigned as set forth above shall receive $70.00 per month during the
period of the bilingual assignment.
Article IV
PROBATION
s.E.CTION 1. An employee initially appointed or promoted to a class shall serve a
probationary period of 26 pay periods during which he shall have an opportunity to
demonstrate suitability for the job. With approval of the Personnel Director, the department
head may, for just cause, extend the probationary period. The employee shall attain regular
status in the class upon successful completion of the probationary period. An employee who
does not satisfy the standards of the class during the probationary period shall be notified in
4
writing and termination or demotion proceedings shall be initiated. A newly hired probationary
employel~ shall not be entitled to appeal a termination or demotion action.
s.E.CTION 2. Probationary employees are
closed/promotional recruitment/selection process;
open/competitive recruitment/selection processes.
not entitled to compete for a
they may, however, compete for any
Article V
PROMOTION
SE.CTION 1. When an employee is promoted to a position in a higher classification, he
may be assigned to Step "A" in the appropriate range for the higher classification; provided,
however, that if such employee is already being paid at a rate equal to or higher than Step "A",
he shall be placed in the step in that appropriate salary range as will grant him an increase of
at least one, but no more than three salary steps.
When eligibles remain in higher bands, and a department head selects an eligible in a
lower band, upon request, the eligibles in higher bands will be notified of reasons for their non-
selection.
Article VI
DEMOTION
S..
E.GTION 1. When an employee is demoted, for disciplinary reasons, to a position in a
lower classification, his salary rate shall be fixed in the appropriate salary range for the lower
classification in accordance with the following provisions:
A. The salary rate shall be reduced by at least one step.
B. The new salary rate must be within the salary range for the classification to
which demoted.
Article VII
REASSIGNMENT OF COMPENSATION RANGES
ru:TION 1. Any employee who is employed in a classification which is allocated to a
different pay range shall be retained in the same salary step in the new range as he has
previously held in the prior range, and shall retain credit for length of service in such step
toward aclvancement to the next higher step; provided however:
5
A. That if such retention shall result in the advancement of more than one step,
the Personnel Director, may at his discretion, at the time of reassignment, place the
employee in a step which will result in an increase of only one step.
B. That if the reassignment shall be to a lower compensation range, the "F" step
of which shall be lower than the existing rate of pay at the time of reassignment, the
employee shall continue to be paid at the existing rate of pay until such time as the
position shall be reassigned to a compensation schedule which will allow for further
salary advancement, or until such time as the employee is promoted to a position
assigned to a higher compensation range.
C. That if the reassignment is to a lower compensation range, the "F" step of
whic:h is higher than the existing rate of pay, the employee shall be placed in that step of
the Ilower compensation range which is equivalent to the existing rate of pay, and shall
retain credit for length of service previously acquired in such step toward advancement to
the next higher step.
D. The City Manager shall be permitted to reduce or increase the salary range of
any classification, with City Council approval, whether or not a position is vacant.
Nothing contained herein shall be construed as a waiver or elimination of the City's
obli~Jation to meet and confer over salary changes pursuant to the Meyers-
Milias-Brown Act, or to meet the requirements of this MOU under Articles XXI
and XXII.
Article VIII WORKING OUT
OFCLASSs..E.CTION 1. The City may work employees out of classification for up
to 120 consecutive working hours without
additional compensation.s..E.CTION 2. Working out of class assignments shall only be made for
positions vacated due to illness or an approved leave of absence. To qualify for working out of class
pay, the employee must be performing all the significant duties of the higher level class.
An employee shall receive acting time pay at the "A" Step of the higher class, or 5% above the
employee's regular salary, whichever is greater, for work performed in the higher classification
on the 121st consecutive hour out of class, and for each consecutive hour thereafter
an employee works out of class. The department head or his designee shall assign the employee
to work out of classification but shall notify the Personnel Director prior to
theassignment.s..E.CTION 3. During the 120 consecutive working hour eligibility period
before an employee is entitled to receive acting time pay, absence for any reasons (
sick leave,compensatory time, vacation), except absence due to a regular scheduled holiday
or a regularly scheduled day off, shall br6ak consecutiveness and cause an employee
to be ineligible to receive
acting
Article IX
CALL-
BACKs.E.GTION 1. Employees shall be compensated in cash at the straight time rate for
the actual hours of work with a minimum of three (3) hours' call-back compensation,
regardless of whether the employee works less than three (3) hours, under the
following circumstances:A. When employees are required to report back to work after completing a
normal work shift and have left the City premises and/or
work location.B. For the purpose of conducting routine but required weekly street light and
traffic signal luminary malfunction inventory and
repair work.C. For performing all shift extensions required by
emergency situations.D. For conducting projects and completing tasks which require work on days not part
of an employee's
regular schedule.This provision shall be applicable to employees although the employees' regular work
week is not completed, but shall not apply to employees who are continuing on duty.
All call-back assignments are subject to approval of
thedepartmenthead.s.E.CTION 2. Employees required to perform work beyond their normal
shift, shall be paid at straight time on an hour for hour basis or may work a flexible
schedule adjusting their hours of work on an hour for hour basis within the pay period if by mutual agreement
to use a flexible sGhedule between the employee and his/her supervisor, with the
specific limitations to the
situations indicated below:A. Special events or work performed outside of normal work schedules (Le.,
before 7:30 a.m. and after 6:00 p.m., Saturdays, Sundays, and holidays) for which
the
City is reimbursed.B. Special projects requiring significant shift extension work by unit
employees may be compensated upon request of the division manager and approval
of the department head. This would include special studies and attendance at commission
or City Council meE~tings, which requires the employee to work after
his normal shift.C. The use of flexible schedules as provided for in this section shall
be employed when possible to offset the additional hours the employee is required to
work under the
situations
Article X
HOLIDAYS
SECTION 1
A. Employees shall receive the following paid nine hour holidays, except #9 and
11 below:
1) .January 1 (New Year's Day)
2) The third Monday in February (President's Day)
3) Last Monday in May (Memorial Day)
4) .Iuly 4 (Independence Day)
5) First Monday in September (Labor Day)
6) November 11 (Veteran's Day)
7) Fourth Thursday in November (Thanksgiving Day)
8) Fourth Friday in November (Day after Thanksgiving)
9) One-half day before Christmas, if December 24 falls on a Monday through
Thursday Christmas Eve; 4.5
hours)10) December 25 (Christmas
Day)11) A total of 18 hours of floating holiday
time The 18 hour floating holiday provision will accrue at the beginning of
the pay period which includes January 1 of each year, and is required to be utilized
by December 31 of the year for which it was provided. Employees hired after January 1
of each year shall receive a prorated portion of the 18 hours. Floating holiday hours
shall be taken at the convenience of the City with approval of the department
head.B. In the event any of the above holidays, except one-half day
before Christmas,fall on a Sunday, the following day will be taken in lieu of the actual date on
which the holiday falls. When any of the above holidays falls on a Saturday, except
one-half day before Christmas, the preceding Friday will be taken in lieu of the actual
date on which the holiday falls. When any of the above holidays falls on an
employee's regularly schElduled day off during the week, except one-half day
before Christmas, employees will be credited with 9 hours of holiday
compensatory time. Accumulated holiday compensatory time must be used by the employee by the end of
the calendar year in
which it was accumulated.C. In order to be eligible to receive holiday pay, an
employee must have worked,or be deemed to have worked because of a
lawful absence, excluding personal necElssity leave, the employee's regularly scheduled day
before and regularly scheduled day after the holiday. Should an employee fail to work
the employee's regularly scheduled day before and after the holiday, the employee shall not
be entitled to holiday pay, Probationary employees are provided with and are eligible
to use floating holiday and fixed holiday hours, according to the guidelines established in this
Article and/or with approval
of
D. 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.
E. If Christmas Day or New Years Day falls on a Sunday, the Library shall be
open Monday through Friday inclusive during the preceding week of such holiday.
F. Employees who terminate employment with the City shall receive the pro rata
portion of their floating holiday in cash reimbursement. The proration of the floating
holiday shall be on the basis of 1/12th of the floating holiday pay for each full month of
service of the employee during the period from January 1 through December 31.
Article XI
VACATION
sE::TION 1.
A. All full time regular employees who shall have one year service shall thereafter
accrue paid vacation in accordance with the following:
After Year(s)
Qfj:;ervice
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Vacation Hours
Per Year
92
102
112
122
132
136
140
144
148
152
156
160
164
168
172
After Year(s)
of Service
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Vacation Hours
Per Year
176
180
184
188
192
196
200
204
208
212
216
220
224
228
232
B. 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 days not in excess of the equivalent number of
hours earned in the immediately preceding 24 month period may be accumulated with
the permission of the department head and the Personnel Director. Employees shall not
accumulate vacation in excess of the equivalent number of hours earned in the
immediately preceding 24 month period. All vacation hours in excess of the equivalent
9
number of hours earned in the immediately preceding 24 month period not taken by the
employee shall be forfeited, Probationary employees accrue vacation but may not use
vacation until successful completion of an initial probationary period, except in the event
of at City Hall holiday closure, with the approval of the Personnel Director.
C. An employee may convert up to 50% of his current annual vacation accrual
into pay in lieu of time off with pay. An employee requesting such a conversion must
meet the eligibility requirements as set forth in Section 1 and may so convert once in a
calEmdar year.
D. Employees who terminate their employment with the City shall be paid for all
accrued vacation, if any, and the prorated portion of their final accrual. Prorated vacation
shall be on the basis of 1/12th of the employee's annual vacation pay for each full month
of service.
Article XII
LEAVES OF ABSENCE
SECTION A LEAVE OF ABSENCE WITHOUT PAY. For all regular employees as
described herein, the following Leave Without Pay procedure shall apply;
1. After all available leave benefits, including vacation, compensatory time, and other
leave benefits have been completely used, a regular employee, not under
suspension, may make written application to the department head for leave without
pay. No such leave will be considered absent a written application from the
employee requesting leave.
2. 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.
3. No employment or fringe benefits such as sick leave, vacation, health insurance,
retirement, or any other benefits shall accrue to any employee on leave of absence
without pay except as denoted under the FCML section below. During such leave in
excess of five working days, no seniority shall be accumulated.
4. Subject to and consistent with the conditions of the group health, life or disability
plan, coverage may be continued during a leave, provided direct payment of the
total premium by the employee is made through and as prescribed by the Payroll
Division of the City. The City will pay up to six months of the Flexible Benefit Plan
contribution for employees who are on long term disability leave.
10
5. At the end of such leave, if the employee desires additional leave, written
application must be made through the department head to the Personnel Director at
least ten (10) days before the end of the six (6) month period, stating the reasons
why the additional leave is required and why it would be in the best interests of the
City to grant such leave of absence. If such additional leave is merited and would
still preserve the best interests of the City, he may approve such extension of the
leave of absence for a period up to but not to exceed an additional six months.
6. 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.
7. An employee on leave of absence must give the City at least seven days' written
notice of his intent to return to work prior to returning to work.
8. 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.
9. 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.
10. Such leave shall be granted on the same basis for pregnancy, childbirth, and other
medically related conditions, except that such an employee shall retain her seniority
rights.
11. Forms setting forth the benefits available or such other pertinent information shall
be maintained for distribution in the Personnel Services Department.
B. INDUSTRIAL LEAVE, A regular employee who is temporarily or permanently
disabled as a result of injury or illness determined to be compensable under the Workers'
Compensation Act shall be granted industrial leave on the following terms and
conditions:
1) An employee granted industrial leave shall continue to be compensated at his
regular rate of pay in lieu of temporary disability payments.
a) Any temporary disability payments made to an employee by the
Workers' Compensation Administrator fund shall be remitted to the
Finance Department.
2) Should it be determined that an employee's illness or injury did not arise in the
course of the employee's employment with the City and that the employee is
not temporarily or permanently incapacitated or disabled, as a result of the
injury or illness, then the employee's accrued, or if insufficient, future sick leave
shall be charged to reimburse the City for any payments made to the employee
pursuant to (1 )(a) above.
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3) An industrial leave of up to one year shall be authorized for each injury or
illness determined to be compensable under the Worker's Compensation Act.
4) No employee shall have accrued sick leave deducted while on industrial leave.
Vacation and sick leave shall accrue for an employee on industrial leave.
5) Industrial leave shall expire when any of the following conditions occur:
a) Employee is able to return to work to his regular position.
b) The employee is able to return to work to another position designated
by the City.
c) The day before the employee is retired or separated for disability. The
employee's "retirement date" shall be determined by the Public
Employees' Retirement System.
d) After 52 weeks of industrial leave.
6) Employees who have not previously submitted notification of Election of
Personal Physician are required to use only physicians and medical facilities
approved are required to use only physicians and medical facilities approved
by the City during the first 30 days after an occupational injury or illness is
reported. After the first 30 day period, an employee may change to a physician
specified by him or her provided that the physician has the expertise to treat
the injury or illness and agrees to provide timely reports to the City. However,
if an employee has notified the City in writing, prior to the date of injury that he
or she has a personal physician, the employee shall have the right to be
treated by such physician from the date of injury providing that:
a) The physician has previously directed the medical treatment of the
employee.
b) 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.
C. JURY DUTY AND SERVICES AS WITNESS FOR CITY. When required to
serve on a jury, all employees shall receive their regular pay for up to 30 calendar days
per calendar year while serving on jury duty, provided all jury fees paid to the individual
employee, less allowed automobile expenses, are turned over to the City. If an
employee is called as a witness, on behalf of the City, he shall receive his normal pay for
the time spent by the employee serving as a witness for the City. An employee shall be
required to pay any witness fees that accrue to the employee for his witness service to
the City as a condition of receiving his normal pay while serving as a witness for the City.
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D. PERSONAL NECESSITY LEAVE. Employees herein may be allowed up to
one, working day per month, not to exceed six days per year, without pay for personal
business with approval of the department head. Employees shall accrue no employment
benefits for any personal necessity leave in excess of six days per year. Such personal
necessity leave shall be without pay and shall not be accumulated from month to month
or year to year.
E. MILITARY LEAVE OF ABSENCE. If an employee is required to take military
training two weeks or more each year, he shall be entitled to military leave of absence
under the provisions of State law, found in applicable sections of the Military and
Veterans' Code.
F. SICK LEAVE. Sick leave with pay shall be allowed, credited, and accumulated
in accordance with the following:
1) For employees working a regular 40 hour week, eight hours of sick
leave will accrue for each month of service. Probationary employees may use
accrued sick leave during their probation period.
2) Sick leave will be charged at the rate of one-half hour for each
one-half hour an employee
is absent.3) Any employee eligible for sick leave with pay may use such leave
for the
following reasons:a. Medical and dental office appointments during work
hours when authorized by the department head or his designee;
and/or b. Personal illness or physical incapacity resulting from causes
beyond the employee's control, including pregnancy, childbirth and
other medically related conditions;
and/or c. Bereavement Leave. The death or critical illness where
death appears to be imminent of the employee's immediate family, "
Immediate family"as used in this subsection, is limited to any relation by
blood, marriage,or adoption, who is a member of the employee's household (living
at the same address) and any parent, legal guardian,
parent-in-law, brother-in-law, sister-in-
law, grandparent, grandchild, aunt, uncle, spouse, child,brother, or sister of the
employee regardless of residence, Up to 3 days of paid bereavement leave
will be provided, per incident, and shall not be charged to the employee'
s sick leave account. An employee on bereavement leave shall inform
his immediate supervisor of the fact and the reasons therefor as
soon as possible. Failure to inform his immediate supervisor, within a
reasonable period of time, may be cause for denial of bereavement leave
with
d. Family Leave. An employee is allowed up to 27 hours of family leave
per calendar year for family related illness or injury which shall be
charged against the employee's accumulated sick leave. Effective
January 1, 2000, employees may use up to 36 hours per calendar year
of their sick leave for family leave purposes.
4) Sick Leave Application. Sick leave may be applied only to absence
caused by illness or injury of an employee and may not extend to absence caused
by illness or injury of a member of the employee's family, except as provided in
3(d) above. 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 Yo hour, while
additional actual absence of over Yo hour shall be charged to the nearest full hour.
Sick leave shall only be used for the purposes stated, and the department head
shall be responsible for control of employee abuse of the sick leave privilege.
Employees may, upon prior notice, be required to furnish a certificate
issued by a licensed physician or nurse or other satisfactory written evidence of
any subsequent illness.
5) Upon retiring from City service and entering the Public Employees'
Retirement System, an employee shall receive no pay for the first 60 days of
accrued sick leave (0-480 hours), but shall receive 25% pay for the first 30 days
of accrued sick leave after the first 60 days of accrued sick leave (481-
720 hours),and 50% of all accrued sick leave thereafter (721 hours
and up).6) 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.7) Notwithstanding any other provision herein, an employee who
is initially hired after July 1, 1980 shall be allowed to accumulate and be credited
with sick leave with pay only up to a maximum of 620 hours. Sick leave hours in
excess of such maximum shall
be forfeited.8) Sick
Leave Conversion.a. Effective January 1, 2000, 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.b. Employees with sick leave usage of 27.5 to 36.0 hours
per calendar year may convert up to 20 hours of unused sick leave to
vacation the
following
c. Employees must have a minimum balance of 180 hours of sick leave
available after conversion.
d. The first conversion shall occur in the first pay period of January, 2001
based upon sick leave usage in calendar year 2000.
G. ADMINISTRATIVE LEAVE. Employees will receive 40 hours of administrative
leave at the beginning of each pay period which includes January 1s'. Employees hired
after January 1 shall receive a prorated portion of the 40 hours.
H. FAMILY CARE AND MEDICAL LEAVE (FCML),
1, Family Care and Medical Leave (FCML). State and Federal laws require the City to
provide family and medical care leave for eligible employees, The following provisions set
forth employees' and employer's rights and obligations with respect to such leave. Rights and
obligations which are not specifically set forth below are set forth in the City's Administrative
Manual, Personnel Section, #2.61. Any provisions not set forth in the Administrative Manual
are set forth in the Department of Labor regulations implementing the Federal Family and
Medical L.eave Act of 1993 (FMLA) and the regulations of the California Fair Employment and
Housing Commission implementing the California Family Rights Act (CFRA) (Government
Code SeGtion 12945.2). Unless otherwise provided, "Leave" under this article shall mean
leave pursuant to the FMLA and CFRA.
An employee's request for leave is subject to review and final approval of the Personnel
Director.
a. Amount of Leave. Eligible employees are entitled to a total of 12 workweeks of
leave during any 12-month period. An employee's entitlement to leave for the birth
or platcement of a child for adoption or foster care expires 12 months after the birth
or
placement.The 12-month period for calculating leave entitlement will be a "
rolling period"mE!asured backward from the date leave is taken and continues with
each additional leave day taken. Thus, whenever an employee requests leave, the City will
look back OVl3r the previous 12-month period to determine how much leave has
been used in deltermining how much leave an employee
is entitled to.b. Use of Other Accrued Leaves While on Leave. If an
employee requests leave for any reason permitted under the law, he must exhaust all accrued
leaves (except sick leave) in connection with the leave. This includes vacation,
holiday, and other compensatory accruals. If an employee requests leave for his
own serious health condition, in addition to exhausting accrued leave, the employee must
also exhaust sick leave. The exhaustion of accrued leave will run concurrently with the
Family Care and
ME,
c. Required Forms. Employees must fill out required forms, available in the
Personnel Department, including: Request for Family or Medical Leave; Medical
Ce,rtification; Authorization for Payroll Deductions for benefit plan coverages (if
applicable); and Fitness-for-Duty to return
from leave.
Article XIII
HEALTHBENEFITSs..E.C:TION 1. LIFE INSURANCE The City shall contribute the full premium
toward a 23,000 life insurance policy for each
benefited employee.s..E.C:TION 2. DISABILITY INSURANCE. Effective July 1, 1999, the City shall
provide a long term disability plan which pays 60% of salary after a 60 day elimination period,
to a maximum of $4,000
per month.s..E.C:TION 3. PART-TIME AND TEMPORARY EMPLOYEE
ELIGIBILITY
FOR FRINGE
BENEFITs...A. Definitions.i. Regular part-time employees shall be those
employees scheduled in the budget to work 20 or more hours per week on a
year-round basis (
52 weeks minus approved leave).ii. Temporary part-time employees shall
be those employees scheduled in the budget to work less than 20 hours per week
on a year-
round basis (52 weeks minus approved leave).iii. Seasonal employees shall be
those employees who are scheduled in the budget to work on less than
a year-round basis regardless of hours worked.Nothing contained herein
shall guarantee to any employee a specified number of hours per day or days per week or
weeks
per year or months per year of work.B. Entitlement to Fringe
Benefits Based Upon Proration of Hours. Regular part-time employees shall receive fringe benefits
in proportion to the number of hours an employee is scheduled in the budget to work to
the normal 40 hour week on an annual basis. The annual schedule for all
part-time employees shall be 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. This formula of proration shall
apply to holiday pay, vacation, sick leave, medical insurance
contribution, life insurance contribution, and retirement contribution. 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
C. Temporary and seasonal employees shall be entitled to receive no fringebenefitsprovidedforinthisMOUorinanyresolutionoftheCityunlessotherwise
required by Federal law.
SECTION 4. HEALTH INSURANCE.
ThEl City shall contract with PERS (Public Employees' Retirement System) to make
available those health insurance benefits provided under the Public Employees' Medical and
Hospital Care Act (PEMHCA). The PERS Health Benefits Plan shall replace any other health
benefits program maintained by the City for eligible employees, eligible retirees, and their
eligible surviving annuitants.
a) Except as provided in Section 4tb) Flexible Benefits Plan, the City shall contribute
toward the payment of premiums under the PERS Health Benefits Plan on behalf of each
eligible active employee, and to the extend required by law, each eligible retiree annuitant
of PERS, an equal contribution of $16.00 per month.
b) Flexible Benefits Plan. The City shall contribute $407.00 for active full time
eligible employees towards the Flexible Benefits Plan to provide funds for optional dental
plans, vision plans, health plans, or miscellaneous pay. This amount shall increase to
470.00 per month effective January 1,2000; $495 per month effective January 1,2001;
and $520 per month effective January 1, 2002.
The City's payment toward the Flexible Benefit Plan is exclusive of the $16.00
payment in Section 4(a).
c) Any amounts in excess of the amounts designed in Section 4(a) and (b)
necElssary to maintain benefits under any benefits plans selected by the employee shall
be borne by the employee.
d) An employee cannot be enrolled in the PERS Health Benefits Plan if a spouse is
enrolled in the same agency or enrolled in an agency with PERS Health, unless the
employee (or the spouse) is enrolled without being covered as a family member.
Additionally, an employee may choose to not be enrolled in the Health Benefits Plan. If
an €,mployee chooses not to be enrolled in a health plan, the employee must provide
proof, as determined by the Personnel Director, that comparable medical insurance is in
full force and effect. Based upon determination that insurance is in full force and effect,
eligible employees shall receive $407.00 towards the Flexible Benefits Plan. This amount
shall increase to $470.00 per month effective January 1, 2000; $495 per month effective
January 1, 2001; and $520 per month effective January 1, 2002. In the event that the
employee loses eligibility (with documentation) then the employee may re-enroll in
the PERS Health Benefits Plan pursuant to their rules and
regulations.
SE::TION 5. EYEGLASS REPLACEMENT. The City will pay for replacement of
employeEI's eyeglass that are lost or damaged in the course of his work. Damaged
eyeglass.~s will be turned into the City in order for the employee to be entitled to
reimbursement. The City will not reimburse an employee for more than one pair of lost or
damaged eyeglasses per fiscal year.
Article XIV
EDUCATIONAL ASSISTANCE PROGRAM
SECTION 1. The City will reimburse employees for the cost of tuition, text books, parking
fees, and health fees required for approved community college and college courses, as well as
job-required licensing, testing, renewal, and registration fees. An approved course is
one designatE!d to directly improve the knowledge of the employee relative to his specific job,
and must be approved by the department head and the Personnel Director prior to
registration.Full reimbursement up to the amount specified below will be provided based upon
completion of the approved course(s) with a final grade of "C" or
better.Educcltional assistance payments to an employee shall not exceed $1,000.00 in
anyone fiscal year and he must still be employed by the City when the course is
completed.Effect!ive July 1, 1999, the City agrees to allow reimbursement to employees of up to $
400 of the $1.000 allotted per fiscal year for activities which aid in their professional
development.Reimbursable activities include the
following:1, Attendance at job-related professional conferences
and seminars;2. Payment of membership dues in community and
professional organizations;3. Purchase of job-related professional journals, books, and other
written materials which further their knowledge and improve their effectiveness
in their duties.Participation and/or purchase must be approved in advance by the
department head and
the Personnel Director.The above modifications are made to recognize and encourage staff
to pursue educational and public relations oriented activities beyond those normally budgeted for
them by their departme,nts and in which they are directed to participate. Approved activities
are those which may be expected to further their knowledge of their jobs and the Orange
community and which contribute to
their improved effectiveness.Individual departments may continue to budget funds for staff
attendance at professional conferences and seminars, for payment of professional membership dues,
and for the purchase of books, journals, and related written materials which enhance
the
staff'
Article XV
TRAVEL EXPENSE ALLOWED
SECTION 1. AUTOMOBILE ALLOWANCE. Expense claims for the use of private
automobiles must be submitted through the department head to Accounts Payable for
reimbursement. Such use, where mileage is reimbursed, will be reimbursed at the rate per
mile allowed under the current IRS regulations.
SECTION 2. OUT OF CITY TRAVEL. If the estimated expense of contemplated travel
out of thl~ City is too great to expect the employee to finance the trip and be reimbursed uponhisreturn, the City Manager may authorize advance payment of the estimated amount of the
travel expense to the employee.
s.E.CTION 3. TOURIST CLASS AIRPLANE PASSAGE. Will be considered standard for
out of town travel.
s.E.CTION 4. USE OF PERSONAL CARS FOR OUT OF CITY TRIPS. within the State,
may be approved by the City Manager when use of commercial transportation is not available
or practical. If an employee prefers to use his personal car, he may be reimbursed the amount
of the cost of the commercial transportation.
A. A flat rate per mile allowed under the current IRS regulations shall be
approved for use of personal cars when City cars are not available.
s.E.CTION 5. AIR. RAIL. OR PUBLIC TRANSPORTATION. used, expense for local
transportation, such as taxicabs and bus fare, will be allowed whenever such transportation is
necessary for conduct of City business. In addition, the following expenses and charges will
be allowed, whenever necessary, for the conduct of City business.
A. Expense will be allowed for adequate lodging. Hotel accommodations shall
be appropriate to the purpose of trip.
B. Telephone and telegraph charges will be allowed for official calls and
telegrams.
C. Expenses for meals will be reimbursed according to Finance Administrative
PoHcy No, 4.13, currently limited to $40 for meals per day.
19
Article XVI
RETIREMENT
SE.,CTION 1. All benefited employees shall participate in the Public Employees'
Retirement System. The City shall maintain its contribution of 7% of the employee's share to
the Public Employees' Retirement System. Employees will be provided an annual report
showing the amount of contribution so made.
SECTION 2. Employees are required to pay 4% of their salary, pre-taxes
through payroll dElduction, to fund the enhanced PERS 2% at age 55 retirement formula. If the
City agrees to pay for any or all of this 4% employee payment for any other bargaining
group,regardless of the effective date, the City agrees to pay the same amount for
employees without additional meeting or conferring or concessions by the
employees.sECTION 3. The City will provide the 1959 PERS Survivor Benefit at the Third
Level
Option.
h sECTION 4. Part-time employees not covered under the PUblic
Employees' Retirement System shall participate in a defined contribution retirement plan in lieu of
Social Security contributions. The City shall contribute 3.75% of the employee's eligible earnings
towards the retirement plan. Part-time employees shall contribute 3.75% of their
eligible earnings toward
the retirement
plan.Article XVII EMPLOYEE ORGANIZATIONAL
RIGHTS AND RESPONSIBILITIES SE.CTION 1. DUES DEDUCTIONS. The City shall deduct dues, on
a bi-weekly basis,from the pay of all employees recognized to be represented
by the Association, who voluntarily authorize such deduction, in writing, on a form to be provided
for this purpose which is mutually agreed to by the Association and the City. The City shall remit
such funds to the Association within 10 days following their deduction. Such deductions
shall be on forms provided by and in a manner prescribed by the Payroll
Division of the City.SE.CTION 2. INDEMNIFICATION. The Association agrees to
hold the City harmless and indemnify the City against claims, causes of actions, or lawsuits
arising out of the deductions or transmittal of such funds to the Association except the
intentional failure of the City to transmit, to the Association, monies deducted from the
employees
pursuant
Article XVIII
CITY RIGHTS
s..E.GTION 1. The City reserves, retains, and is vested with, solely and exclusively, all
rights of Management which have not been expressly abridged by specific provisions of this
MOU or by law to manage the City, as such rights existed prior to the execution of this MOU.
The sole and exclusive rights of Management, as they are not abridged by this MOU or by law,
shall include, but not be limited to, the following rights:
A. To manage the City generally and to determine the issue of policy.
B. To determine the existence or nonexistence 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
detElrmined 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
MOU,O. To determine policies, procedures, and standards for selection, training,
and promotion of
employees.P. To establish employee performance standards including, but not limited
to,quallity and quantity standards; and to require compliance
therewith.Q. To maintain order and efficiency in its facilities and
operations.R. To establish and promulgate and/or modify rules and regulations to
maintain ordelr and safety in the City which are not in contravention with this
MOU.S. To take any and all necessary action to carry out the mission of the City
in
emefgencies.
S..E.CTION 2. Except in emergencies, or where the City is required to make changes
in its operations because of the requirements of law, whenever the contemplated exercise
of Management's rights shall impact on a significant number of employees of the bargaining
unit,the City agrees to meet and confer in good faith with representatives of the
Association regarding the impact of the contemplated exercise of such rights prior to exercising
such rights, unless the matter of the exercise of such rights is provided for in this
MOU.Article
XIX GRIEVANCE
PROCEDURE s..E.CTION 1. DEFINITION. A grievance shall be defined as a timely complaint by
an employee or group of employees concerning the interpretation or application of
specific provisions; of this MOU or of the Rules and Regulations governing personnel practices
or working conditions of the City. The grieving party must state in writing the remedy sought
to resolve the
grievance.s..E.CTION 2. BUSINESS DAYS. Business days mean calendar days, exclusive
of Saturdays;, Sundays, and legal holidays recognized by the
City.s..E.CTION 3. TIME LIMITS FOR FILING WRITTEN FORMAL GRIEVANCES, The
time limits for liIing written formal grievances shall be strictly construed, but may be extended
by mutual agreement evidenced, in writing, and signed by a duly authorized representative of
the City and the grieving party. Failure of the grieving party to comply with any of the time
limits set forth hereunder shall constitute waiver and bar further processing of the grievance.
Failure of the City to comply with the time limits set forth in this Section shall automatically move
the grievance to the next level in the Grievance
Procedure.
s..E.CTION 4. INFORMAL 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 no beyond the division head concerned. In order that this informal procedure may be
responsive, all parties involved shall expedite this process. In no case may more than 10
business days elapse from the date of the alleged incident giving rise to the grievance, or
when the, grievant knew or should have reasonably become aware of the facts giving rise to
the griev.ance and the filing of a written formal grievance with the Personnel Director of the
City, with a copy to the department head in which the employee works. Should the grievant
fail to file a written grievance within 10 business days from the date of the incident giving rise
to the grit~vance, or when grievant knew or should have reasonably become aware of the facts
giving risl~ to the grievance, the grievance shall be barred and waived.
s..E..CTION 5. FORMAL PROCESS. PERSONNEL OFFICE. DEPARTMENT HEAD. If
the grievance is not resolved through the informal process, a written grievance is filed within
the time limits set forth above, the grievant shall discuss the grievance with the Personnel
Director and the department head. The Personnel Director and the department head shall
render a decision and comments, in writing, regarding the merits of the grievance and return
them to the grievant within 10 business days after receiving the grievance.
s.E..CTION 6. FORMAL PROCESS. CITY MANAGER. If the grievance is not resolved in
5 above, or if no answer has been received from the Personnel Director and department head
within 10 business days from the presentation of the written grievance to the Personnel
Director and department head, the written grievance shall be presented to the City Manager,
or his duly authorized representative, for determination. Failure of the grievant to take this
action will constitute a waiver and bar to the grievance, and the grievance will be considered
settled on the basis of the last Management grievance response. The City Manager, or his
duly authorized representative, shall render a final decision on the merits of the grievance and
comments, in writing, and return them to the grievant within 10 business days after receiving
the grievance.
After this procedure is exhausted, the grievant 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.
23
Article XX
NO STRIKE-NO
LOCKOUT s..E.C:TION 1. PROHIBITED CONDUCT. The Association, its officers,
agents,representatives and/or members agree that during the term of this MOU, they will not cause
or condone any strike, walkout, slowdown, sick-out, or any other job action by
withholding or refusing tlJ
performservices.s..E.C:TION 2. The City agrees that it shall not lock out its employees during the
term of
this MOU.s..E.C:TION 3. Any employee who participates in any conduct prohibited in Sections
1 and 2 above may be subject to termination by
the City.TION 4. In addition to any other lawful remedies or disciplinary actions
available to the City, if the Association fails, in good faith, to perform all responsibilities listed
below in Section fl., Association Responsibility, the City may suspend any and all of the
rights and privileges accorded to the Association under the Employee Relations Resolution in
this MOU,including, but not limited to, suspension of recognition of the Association
grievance procedure right of access, check-off, the use of the City's bulletin
boards, and
facilities.ASSOCIATION RESPONSIBILITY SETION A. In the event that the Association, its officers,
agents, representatives, or members engage in any of the conduct prohibited in Section 1 above,
Prohibited Conduct, the Association or its duly authorized representatives shall immediately
instruct any persons engaging in such conduct that their conduct is in violation of this MOU and
is unlawful, and they should immediately cease engaging in conduct prohibited in Section
1 above, Prohibited Conduct, and
return to work.SETION B. If the Association performs all of the responsibilities set forth
in Section A above, its officers, agents, and representatives shall not be liable for
damages for prohibited conduct performed by employees who are covered by this MOU in violation
of
Section 1
above.Article XXI SOLE AND ENTIRE
MEMORANDUMOFUNDERSTANDING s..E.CTION 1. It is the intent of the parties hereto that the provisions of
this MOU shall supersede all prior agreements and memorandums of agreement,
or memorandums of understanding, or contrary salary and/or personnel resolutions
or Administrative Codes,provisions of the City, oral and written, expressed or implied, between the
parties, and shall govern the entire relationship and shall be the sole source of any and all rights
which may be asserted hereunder. This MOU is not intended to conflict with federal
or
Article XXII
WAIVER OF BARGAINING DURING THE TERM OF THIS MOU
s.E..CTION 1. During the term of this MOU, 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 MOU or in the negotiations leading
thereto, .md 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 MOU.
Article XXIII
EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as acts of God, fire,
flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of
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 emeq~ency is declared over, this MOU will be reinstated immediately. The Association
shall have the right to meet and confer with the City regarding the impact on employees of the
suspension of the provisions in the MOU during the course of the emergency.
Article XXIV
MISCELLANEOUS PROVISIONS
s.E.C:TION 1. TOOLS. Employees classified as Equipment Maintenance Supervisor shall
provide slJch tools as are ordinarily used in the trade which shall be the personal tools of the
Equipment Maintenance Supervisor. The City will establish with a vendor an account for said
employees who have at least one year of service in such classification. Such employees shall
be allowed up to a maximum of $750.00 per fiscal year with such vendor in order to replace
and mainllain the tools necessary for the performance of his job duties. The City shall bear no
liability or responsibility for such tools except as provided in this Section.
s.E.C:TION 2. WORKS HOE ALLOWANCE. Effective July 1, 1999, employees classified
as Building Inspector Supervisor, Community Services Supervisor, Equipment Maintenance
Supervisor, Facilities Services Supervisor, Field Maintenance Supervisor,
Landscape/Assessment District Coordinator, Senior Construction Inspector, Senior Civil
Engineer, Senior Plan Check Engineer, Senior Water Quality Inspector, and Tree Services
Coordinator shall receive a works hoe allowance of $240 per fiscal year.
25
SE.!::TION 3. RIDESHARE INCENTIVE PROGRAM. An employee may receive $30 per
month and eight hours compensatory time every six months for carpooling, using public
transportation, biking, walking, carpooling or other approved modes of transportation to and
from the work-site. To qualify for these incentives, an employee must use one of the
above forms of transportation 70% of his commuting
time.SE.!::TION 4. UNIFORM ALLOWANCE REPORTED TO PE~
S.A. The City will purchase uniforms for certain designated classifications within
the Association. Uniform allowance for the following classifications, in the
amounts specified per calendar year, shall be reported to the Public Employees'
Retirement System: Equipment Maintenance Supervisor ($82.00); and Field
Maintenance Supervisor ($135.00)
annually.B, All uniforms and/or safety equipment purchased by the City shall remain the
property of the
City.Article
XXV LAYOFF
PROCEDURES Whein a layoff or reduction in force is necessary, the layoff procedures set forth
in Resolutiol1 No. 8176, as incorporated below, shall be used as the established layoff policy
and
procedure!.SECTION 1 Purpose. The purpose of this policy is to establish and communicate
the City's procedures when a layoff or reduction in force is
necessary.sECTION 2 Scope. All Association Employees. All departments are subject
to reduction in force at the direction of the City
Manager.sECTION 3 Policy. The City retains the right to abolish any position, reduce the
work force ane! layoff employees when it becomes necessary due to economic
conditions,organizational changes, lack of work, or because the necessity for a position no longer
exists.Whenever possible, the City will advise the union of their intent at least ten calendar days
in advance of the effective date. The City's layoff policy provides the following criteria to
be followed during a reduction in
force.SECTION 4
Procedure A. ORDER OF REDUCTIONS IN FORCE (Layoff and
Demotion)Within a department and by classification, the order of layoff or demotion shall be
as
follows:
1. Temporary employees (19 hours or less);
2. Initial probationary employees;
3. Regular part-time employees (20 but less than 40
hours);4. Promotional probationary employees (40
hours);5. Regular full-time employees (
40 hours).For purposes of this procedure, the Water Division will be considered
a department.
B. LAYOFFS 1. Layoffs shall be based on City-wide seniority,
except, negative performance during the past 5 years will be considered to determine the
order of layoff.Negative performance and disciplinary actions will
include the following:a. Denial
of merit increases;b.
Suspension without pay;c. Extensions
of probationary periods;d. Disciplinary demotions to
lower level positions;e. Disciplinary
reductions in pay;f. Performance evaluations containing significant,
negative written comments indicating improvement needed and warning of
further consequences to follow if improvement
fails to occur.One negative disciplinary action decreases the employee's seniority
by one year per occurrence and by two years for additional occurrences,
for a possible reduction
of 9 years.2. The order of layoff shall be established by the
Personnel Director, including seniority and results of review of performance
evaluations and
prior disciplinary actions.3. The order of layoff will be the least senior employee as
determined by
the procedure above.4. Prior to the establishment of the final order of layoff,
the Personnel Director shall furnish affected employees a copy of the "Proposed
Order of Layoff."Notice will be hand delivered to
employees whenever possible.5. If the employee wishes to contest the application of the criteria set
forth in this policy to his position on the list, he may appeal with
any supporting materials to the Personnel Director. This request should be directed
to the Personnel Director within seven (7) calendar days following
the establishment and distribution of a "Proposed Order of Layoff" list. The
employee will be allowed representation during
the
6. After meeting with all employees wishing to be heard with respect to their
position on the layoff list, the Personnel Director or his designee shall
establish the "Final Order of Layoff" list. The decision of the Personnel
Director or his designee shall be final and not subject to the grievance
process or further appeal.
C. 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. the employee meets the qualifications of the new position as determined by
the Personnel Director. .
2. Whenever employees are to be laid off, they may demote to lower level, filleQ
positions within their department providing they:
a. formerly held or supervised the lower level position within the classification
series;
b. meet or can reasonably meet qualifications for the new position as
determined by the Personnel Director;
c. possess greater seniority to displace a lower level worker;
d. request in writing a demotion to the previously held or previously supervised
position within seven (7) calendar days of receiving the notice of layoff. A
voluntary demotion shall not reflect as a negative action in the employee's
personnel file.
D. WRITTEN NOTICE
Employees to be laid off shall be provided written notice at least ten calendar days in
advance of the layoff date. Notice will be hand delivered to the employee whenever
possible. If personal delivery is not possible, the notice will be sent by certified mail to
the last known residential address.
E. REEMPLOYMENT LISTS
1. Regular employees in good standing who are laid off or demoted shall have their
name placed on a departmental reemployment list for the last classification
previously held. Names shall be placed on the list in inverse order of seniority.
Last released - first rehired). Vacancies the department desires to fill will be offered
first to eligibles on the departmental reemployment list.28
2. Other hiring departments who have vacancies the City desires to fill will give
priority consideration to those employees whose names appear on the
reemployment list. If these employees are not selected for rehire, the reason for
non-selection must be approved by the Personnel
Director.3. Names of qualified individuals shall remain on reemployment lists for a
period not to exceed 2 years from the date of layoff. Individuals who qualify for
rehire but do not respond to written notification to the last known address on file
within ten calendar days or who refuse two job offers shall have their names
removed from the reemployment list. Once rehired, employee names are removed
from all reemployment
lists.s..E.CTION 5 Non Discrimination In Reduction In Force. Layoffs and demotions
which result from a reduction in force shall be made without regard to an employee's race,
color,religion, national origin, sex, age, marital status, functional limitations, or any other
lawfully protected class as defined in the ADA and other applicable state and federal
laws.Article
XXVI SEPARABILITY
PROVISION Should any provision of this MOU be found to be inoperative, void, or invalid by a court
of competent jurisdiction, all other provisions of this MOU shall remain in full force and effect
for the duration of this
MOU.Article
XXVII TERM OF MEMORANDUM OF
UNDERSTANDING The term of this MOU shall commence on March 1, 1999 and shall continue in full
force and effect until June 30,
2002.
Article XXVIII
RATIFICATION AND EXECUTION
The City and the Association acknowledge that this MOU shall not be in full force and
effect until ratified by the Association and adopted by the City Council of the City of Orange.
Subject to the foregoing, this MOU is hereby executed by the authorized representatives of the
City and the Association and e t red into this day of , 1999.
by:
City Attorney:
Approved as to form
30
by:
ASSOCIATION
by.
b'
L-~,~
by:
by:
APPENDIX "A"
ORANGE MANAGEMENT ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE JUNE 20. 1999
NEW STEP STEP STEP STEP STEP STEP JCLASSIFICATIONTITLERANGEABCDEF
Building InspElctor Supervisor 487 4047 4253 4470 4698 4937 5189
Community Services Supervisor 463 3590 3773 3966 4168 4380 4604
Development Services Supervisor 526 4916 5166 5430 5707 5998 6303
Equipment Maint. Supervisor 482 3947 4148 4360 4582 4816 5061
Facilities Services Supervisor 462 3572 3754 3946 4147 4359 4581
Field Mainten,ance Supervisor 470 3718 3907 4107 4316 4536 4767
Finance Supeirvisor 478 3869 4066 4274 4492 4721 4961
Landscape! Assessment Dist Coord 488 4067 4274 4492 4721 4962 5215
Legal Secretary 407 2715 2854 2999 3152 3313 3482
Library Circulation Supervisor 404 2675 2811 2955 3105 3264 3430
Principal Planner 531 5040 5297 5567 5851 6149 6463
Real Property Representative 513 4607 4842 5089 5348 5621 5908
Senior Civil Engineer 538 5219 5485 5765 6059 6368 6692
Senior Construction Inspector 467 3662 3849 4046 4252 4469 4697
Senior Librari~ln 494 4190 4404 4629 4865 5113 5374
Senior Plan Check Engineer 513 4607 4842 5089 5348 5621 5908
Senior Planner 501 4339 4561 4793 5038 5295 5565
Senior Water .ouality Inspector 456 3467 3644 3830 4025 4230 4446
Tree Services Coordinator 466 3644 3830 4025 4231 4446 4673
31
ORANGE MANAGEMENT ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE JUNE 18. 2000
LLASSIFICATION TITLE
NEW STEP STEP STEP STEP STEP STEP
RANGE A B C D E F
Jilding Inspector Supervisor 493 4170 4382 4606 4841 5087 5347
ommunity S'~rvices Supervisor 471 3736 3927 4127 4338 4559 4791
Development Services Supervisor 532 5065 5323 5595 5880 6180 6495
Equipment M~,;nt. Supervisor 488 4067 4274 4492 4721 4962 5215
Facilities Services Supervisor 474 3793 3986 4189 4403 4627 4863
Field Maintenance Supervisor 476 3831 4026 4231 4447 4674 4912
Finance Supervisor 484 3987 4190 4404 4628 4864 5112
Landscape! Assessment Dist Coord 494 4190 4404 4629 4865 5113 5374
Legal Secretary 413 2798 2940 3090 3248 3414 3588
Library Circulation Supervisor 410 2756 2897 3044 3200 3363 3534
Principal Planner 537 5193 5458 5736 6028 6336 6659
Real Property Representative 519 4747 4989 5243 5511 5792 6087
Senior Civil Engineer 544 5377 5651 5940 6243 6561 6896
Senior Construction Inspector 473 3774 3966 4168 4381 4604 4839
Senior Librarian 500 4318 4538 4769 5013 5268 5537
Senior Plan Check Engineer 519 4747 4989 5243 5511 5792 6087
Senior Planner 507 4471 4699 4939 5191 5455 5734
Senior Water (luality Inspector 462 3572 3754 3946 4147 4359 4581
Tree Services Coordinator 472 3755 3946 4148 4359 4582 4815
32
ORANGE MANAGEMENT ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE JULY 1 2001
NEW STEP STEP STEP STEP STEP STEP 1CLASSIFICATIlONTITLERANGEABCDEF
Building Inspector Supervisor 499 4296 4515 4746 4988 5242 5509
Community SElrvices Supervisor 477 3850 4046 4252 4469 4697 4937
Development Services Supervisor 538 5219 5485 5765 6059 6368 6692
Equipment Maint. Supervisor 494 4190 4404 4629 4865 5113 5374
Facilities Services Supervisor 480 3908 4107 4317 4537 4768 5011
Field Mainten~lnce Supervisor 482 3947 4148 4360 4582 4816 5061
Finance Supervisor 490 4108 4317 4537 4769 5012 5267
Landscape/Assessment Dist Coord 500 4318 4538 4769 5013 5268 5537
Legal Secretary 419 2883 3030 3184 3347 3517 3697
Library Circulation Supervisor 416 2840 2985 3137 3297 3465 3642
Principal Planner 543 5350 5623 5910 6212 6528 6861
Real Property Representative 525 4891 5140 5403 5678 5968 6272
Senior Civil Engineer 550 5541 5823 6120 6432 6760 7105
Senior Construction Inspector 479 3888 4087 4295 4514 4744 4986
Senior Librarian 506 4449 4676 4914 5165 5428 5705
Senior Plan Check Engineer 525 4891 5140 5403 5678 5968 6272
Senior Planner 513 4607 4842 5089 5348 5621 5908
Senior Water Ouality Inspector 468 3681 3868 4066 4273 4491 4720
Tree Services Coordinator 478 3869 4066 4274 4492 4721 4961
33