Loading...
RES-9141 MOU Orange Municipal Employees Association effective 3-1-99 to 6-30-02RESOLUTION NO. 9141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION RELATING TO THE WAGES, HOURS, AND OTHER CONDITIONS OF EMPLOYMENT EFFECTIVE MARCH 1, 1999 THROUGH AND INCLUDING JUNE 30, 2002 AND REPEALING RESOLUTION NO. 8705 AND AMENDMENTS THERETO FOR SAID EMPLOYEES. WHEREAS, the City of Orange, hereinafter referred to as "CITY," and the Professional, Technical and Clerical Unit, represented by Orange Municipal Employees' Association, hereinafter referred to as "ASSOCIATION", have met and conferred in accordance with requirements of the Meyers-Milias-Brown Act; and WHEREAS, City and the Association have reached an agreement on wages, salaries,and other working conditions effective March 1, 1999, through and including June 30, 2002,and repealed Resolution No. 8705 and amendments thereto for said employees, as set forth in the Memorandum of Understanding.NOW, THEREFORE, BE IT RESOLVED by the City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 Association and the City 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 memorandum.ADOPTED this 27th day of July , 1999 rl~; t;Q ~r::dJ.4.,MGAU- A/'A.,p~'City Clerk of the CI of range range I 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 27th day of Julv 1999 by the following vote:AYES: COUNCILMEMBERS:NOES: COUNCILMEMBERS:ABSENT: COUNCILMEMBERS:MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ NONE NONEd44-12~A ~ti0k~City Clerk of Exhibit II A" MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY of ORANGE AND THE ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION MARCH 1, 1999 THROUGH JUNE 30, 2002 Article No. II III IV V VI VII VIII IX X XI XII XIII XIV XV XVI XVII XVIII TABLE OF CONTENTS Title of Article Recognition Non- Discrimination Salaries Basic Compensation Plan, Administration of Basic Compensation Plan.Advancement Within Schedule, Flexible Staffing, Reduction in Salary Steps,Shift Differential, Shorthand Assignment, Bilingual Assignment,Performance Evaluations, Library Site Supervisor Assignment)Working Out of Class Probation Promotion Demotion Reassignment of Compensation Ranges Work Week Overtime/Call Back Compensation Holidays Vacation Leaves of Absence Leave of Absence Without Pay. Industrial Leave. Jury Duty,Personal Necessity Leave, Military Leave. Sick Leave, Family Leave,Bereavement Leave, Family Care) Insurance Life Insurance, Long Term Disability, Part-Time Benefits. Health Insurance) Safety Equipment Safety Shoes)Educational Assistance Program Travel Expense Allowed Retirement Page No. 1 1 1 5 6 7 7 7 8 8 9 11 12 17 19 20 Article No. Title of Article Page No. XIX Employee Organizational Rights and Responsibility 22 XX City Rights 23 XXI Fringe Benefit Administration 24 XXII Safety and Health 25 XXIII Grievance Procedure 25 XXIV No Strike - No Lockout 27 XXV Layoff Procedure 27 XXVI Miscellaneous Provisions 30 Rideshare Incentive Program, Uniform Allowance)XXVII Sole and Entire Memorandum of Understanding 31 XXVIII Waiver of Bargaining During the Term of this MOU 31 XXIX Emergency Waiver Provision 31 XXX Separability Provision 31 XXXI Term of Memorandum of Understanding 32 XXXII Ratification and Execution 32 Appendix " A" Monthly Salary Ranges 33 ii Article I RECOGNITION SECTION 1. Pursuant to the provisions of the Employer-Employee Relations Resolution No.3611 of the City of Orange, the City of Orange (hereinafter referred to as "City"), for the purpose of meeting its obligations under the Meyers-Milias-Brown Act (Government Code Section 35,00 et seq.), Employee Relations Resolution No. 3611 and this Memorandum of Understanding (hereinafter referred to as "MOU") has recognized the Orange Municipal Employees' Association (hereinafter referred to as "Association") as the majority representative of the Professional, Technical and Clerical bargaining unit. Article \I NON-DISCRIMINATION SECTION 1. The parties mutually recognize and agree to protect the rights of all employees hereby to join and/or participate in protected Association activities or to refrain from joining or participating in protected activities in accordance with the Employer-Employee Relations Resolution and Government Code Sections 3500 et. seq.SECTION 2. The City and the Association agree that they shall not discriminate against any employee because of race, color, sex, age, national origin, political or religious opinions or affiliations, or any other lawfully protected class. The City and the Association shall reopen any provision of this MOU for the purpose of complying with any order of a federal or state agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU in compliance with state or federal anti-discrimination laws.SECTION 3. Whenever the masculine gender is used in this MOU, it shall be understood to include the feminine gender.SECTION 4. The term "employee(s)" shall refer only to those employees covered by this MOU.Article III SALARIES SECTION 1. BASIC COMPENSATION PLAN. There is hereby established a basic compensation plan for all members of the bargaining unit who are now employed or will in the future be employed in any of the designated classifications of employment listed in SECTION 2. Salaries effective 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 listed in Appendix "A" of this MOU constitute the basic monthly compensation plan based on a forty hour work week. The salary and wage schedules attached hereto shall constitute the basic compensation plan consisting of six steps or rates of pay in each range. The respective ranges shall be identified by number and the steps by the letters "A" to "F" inclusive. The minimum length of service required for advancement to the next higher step, is described in Section 6 hereof. SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN. The compensation ranges and steps contained in the salary schedules in Appendix "A" attached hereto are monthly compensation rates. For all employees who have a regular weekly work schedule of 40 hours, the hourly rate of pay shall be the monthly rate times 12 divided by 2080 annual hours. In determining the hourly rate as herein provided, compensation shall be made to the nearest one-half (%) cent.All part-time employees 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. 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 shall be paid the rate shown as Step "A" in the range allocated to the class of employment for which he has been hired,except that on the request of the department read 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 the employee's qualifications.SECTION 5. SERVICE. The word "service" as used in this MOU shall be defined to mean continuous, full-time service in an employee's present classification, service in a higher c1assifiGation, or service in a classification allocated to the same salary range and having generally similar duties and requirements. A lapse of service by any employee for a period of time longer than 30 days by reason of resignation or discharge shall serve to eliminate the accumulated length of service time of such employee for the purpose of this MOU. An employee re-entering the service of the City shall be considered as a new employee, except that he may be re-employed within one year and placed in the same salary step in the appropriate compensation range as he was at the time of the termination of employment.SECTION 6. ADVANCEMENT WITHIN SCHEDULE. The following 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 NO.3 below. Advancement through the salary range may be granted only for continuous, meritorious, and efficient service, and continued improvement by the employee in the effective performance of the duties of his position. A merit increase shall become effective the first day of the pay period following completion of the length of service required for such advancement and shall require the following: 1) The department head in the department in which the employee is employed shall file with the Personnel Director a Personnel Action Form and a completed Performance Evaluation form recommending the granting or denial of the merit increase and supporting such recommendation with specific reasons therefore. A disapproval from the Personnel Director, together with the reasons therefore, shall be returned to the department head. 2) The recommendation of the department head, after approval of the Personnel Director, shall be forwarded to the Payroll Division of the Finance Department for change of payroll status. 3) Advancement through the pay range Step "A" through Step "F" shall occur in yearly increments. B. &ixible Staffing. The City shall implement a system of flexible staffing for certain positions in this Association. Employees in the classifications of Building Inspector, Engineering Technician I, Assistant Civil Engineer, Assistant Planner, and Librarian I are eligible for the classification of Combination Building Inspector, Engineering Technician II, Associate Civil Engineer, Associate Planner, and Librarian II respectively. To qualify for the higher level position the employee must be performing at a competent level and have gained the experience and knowledge to perform the full range of journey level tasks and fulfilling any special requirements based on the judgment of the applicable department head. c. .special Merit Advancement. When an employee demonstrates exceptional ability and proficiency in the performance of his duties, his department head may recommend to the Personnel Director that said employee be advanced to a higher pay step without regard to the minimum length of service provisions contained in this MOU. The Personnel Director may, on the basis of a department head's recommendation, approve and effect such 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. 3 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 approvell of the Personnel Director. Procedure for such reduction shall follow the same procedure as outlined for merit advancement and such employee may be considered for re- advancement under the same provisions as contained in Subsection A of Section 6. SECTION 8. SHIFT DIFFERENTIAL. A. All regular full-time library personnel and all part-time library personnel budgeted to work 20 hours or more per week on a fiscal year basis herein who are regularly assigned on a weekly basis to a shift working after 6:00 p.m. and/or who work on a Saturday, Sunday, or Holiday, shall be eligible to receive an additional $1.00 per hour for all shift hours worked i.e., only those hours worked after 6:00 p.m., as well as all hours on Saturdays, Sundays, and Holidays).In no event shall the provisions described within this section apply to any personnel who are holding over, extending, or filling in on an overtime basis their regular work shift.Whenever two or more rates may appear applicable to the same hour or hours worked by any employee, there shall be no pyramiding or adding together of such rates and only the higher applicable rate shall apply.B. Split Shift Differential. Where management asks an employee to leave their regular shift early and return to work at a later time, the City will provide an additional $1.00 per hour,for benefited Library employees only, for each hour worked on their " second" shift.SECTION 9. SHORTHAND SKILLS ASSIGNMENT. Effective July 15,1990, new employees who are employed in the classification of Secretary and who are assigned to a position requirin9 shorthand skills may receive $50.00 per month shorthand bonus based on criteria established by the Personnel Director.Employees assigned to Secretary positions prior to July 15, 1990 shall receive $50. 00 per month s.horthand bonus pay.SECTION 10. BILINGUAL PAY. Employees may be assigned by the department head to a Bilingual Assignment. Bilingual Assignments shall be made on the following basis:A. The department head shall determine the number of Bilingual Assignment positions which are necessary based upon a demonstrable need and frequency of use;B. All Bilingual Assignments must be approved by the Personnel Director or his designee;C. Employees receiving Bilingual Assignment compensation 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 assinnment may be revoked at any time by the Personnel Director or his 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 $70.00 per month during the period of the assignment. SECTION 11. PERFORMANCE EVALUATIONS. The City shall maintain an employee performance rating system designed to give a fair evaluation of the quantity and quality of work performed by an employee. A. Performance evaluation reports shall be prepared and recorded in the employee's personnel file for all regular full-time and regular part-time employees as follows:1) For probationary employees, at mid-point and upon completion of a probationary period.2) For non-probationary employees, upon completion of the next step and annually thereafter.B. Prior to the performance evaluation report becoming part of the employee's personnel file, the supervisor and the employee must review the evaluation.C. When a performance evaluation is recorded in the employee's personnel file a copy of the evaluation shall be given to the employee.D. The performance evaluation shall be considered a confidential City record and the information shall not be disclosed except on a need- to- know basis as determined by management.E. Any disputes as to the contents of the evaluation shall first be discussed with the employee's immediate supervisor and may be appealed through the appropriate chain of command up to the department head whose decision will be final and binding.SECTION 12. LIBRARY SITE SUPERVISOR ASSIGNMENT. Employees classified as Librarian II may be assigned as the "Site Supervisor" by the department head or his designee.Such employees, for the period of such assignment, shall be paid an additional 5% on top of their cummt salary. Article IV WORKING OUT OF CLASS SECTION 1. The City may work employees out of classification for up to 120 consecutive SECTION 2. Working out of class assignments shall only be made for positions vacated due to illness or an approved leave of absence. An employee shall receive acting time pay at the A" Step of the higher class, or 5% above the employee's regular salary, whichever is greater, for work performed within the higher classification on the 121st consecutive hour of working 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 the assignment. To qualify for working out of class pay, the employee must be performing all the significant duties of the higher level position. SECTIO...J:::.L.3.... The employee shall have 30 consecutive days to accumulate the 120 hours of working out of class. Absence for any reasons, (sick leave, compensatory time, vacation), except absence due to regularly scheduled holiday or a regularly scheduled day off, shall break consecutiveness and cause an employee to be ineligible to receive acting time pay, if such absence affects an employee's ability to accumulate the 120 hours of working out of class within the 30 consecutive calendar days. Article V PROBATION SECTION 1. INITIAL HIRES. An employee initially appointed to a class shall serve a probationary period during which time he shall have an opportunity to demonstrate suitability for the job. For a professional or technical employee, the probationary period shall be 26 consecutive pay periods. For a clerical employee, the probationary period shall be 13 consecutive pay periods. Under certain conditions, with approval of the Personnel Director, the department head may extend the probationary period up to a maximum of an additional 13 consecutive pay periods. The employee shall attain regular status in the class upon successful completion of the probationary period. An initially appointed probationary employee shall not be entitled to appeal termination. SECTION 2. PROMOTIONS. An employee promoted to a class shall serve a probationary period during which time he shall have an opportunity to demonstrate suitability for the job. For a professional or technical employee, the probationary period shall be 26 consecutive pay periods. For a clerical employee, the probationary period shall be 13 consecutive pay periods. Under certain conditions, with the approval of the City Manager, the department head may extend the probationary period up to a maximum of an additional 13 consecutive pay periods. An employee shall attain regular status in the higher class upon successful completion of the probationary period. An employee who does not satisfy the standards of the class during the probationary period shall be notified in writing and termination or demotion procedures shall be initiated. An employee rejected or laid off during the probationary period from a position to which he has been promoted shall be returned to the classification in which he had regular status unless the reasons for his failure to complete his probationary period would be cause for dismissal. 6 SECTION...J. PROMOTIONAL AND COMPETITIVE EXAMS. Probationary employees are not entitled to compete for a closed/promotional recruitment/selection process; they may, however, compete for any open/competitive recruitment/selection processes. Article VI PROMOTION SECTION 1. When an employee is promoted to a position in a higher classification, he may be assigned to Step "A" in the appropriate range for the higher classification. However, if such employee is already being paid at a rate equal to or higher than Step "A", he may be placed in the step in that appropriate salary range as will grant him an increase of at least one, but no more than three salary steps. When eligibles remain in higher bands and a department head selects an eligible in a lower band, upon request, the eligible in higher bands will be notified of the reasons for their non- selection.Article VII DEMOTION SECTION 1. When an employee is demoted. for disciplinary reasons to a position in a lower classification, his salary rate shall be fixed in the appropriate salary range for the lower classification in accordance with the following provisions:A. The salary rate shall be reduced by at least one step.B. The new salary rate must be within the salary range for the classification to which demoted.Article VIII REASSIGNMENT OF COMPENSATION RANGES SECTION 1. Any employee who is employed in a classification which is allocated to a different pay range shall retain the same salary in the new range as he previously had in the prior range, and shall retain credit for length of service acquired in the previously held step toward advancement to the next higher step in the new salary range; provided, however:A. That if such retention shall result in the advancement of more than one step, the City Manager may, at his discretion, at the time of reassignment, place the employee in a step which will result in an increase of only one step. B. That if the reassignment shall be to a lower compensation range, the "F" step of which shall be lower than the existing rate of pay at the time of reassignment, the employee shall continue to be paid at the existing rate of pay until such time as the position shall be reassigned to a compensation schedule which will allow for further salary cldvancement, or until such time as the employee is promoted to a position assigned to CI higher compensation range. C. That if the reassignment is to a lower compensation range, the "F" step of which is higher than the existing rate of pay, the employee shall be placed in that step of the lower compensation range which is equivalent to the existing rate of pay, and shall retain credit for length of service previously acquired in such step toward advancement to the next higher step. D. The City Manager shall be permitted to reduce the salary range of any classification, but shall not be able to increase the range when any position is vacant. Article IX WORKWEEK SECTION 1. The regular work week for all employees shall be 40 hours per week. SECTION 2. REST BREAKS. Employees are entitled to two 15 minute rest breaks, unless an emergency requires continued work, as determined by the employee's supervisor. An employee shall be permitted to take one rest break during the first half of the work shift and one rest break during the second half of the work shift. Rest breaks shall be scheduled to ensure that public counters and telephones are covered at all times during the regular working day and are designed to provide a period of relaxation and/or nutrition during each half of the working day. If a rest break is not taken, it shall not be accumulated, but shall be lost and not charged in the future to the City. Article X OVERTIME/CALL BACK COMPENSATION SECTION 1. OVERTIME (COMPENSATORY TIME). A. An employee covered by this MOU having an average work week of forty hours shall be entitled to compensatory time for all hours worked in excess of 40 hours within the employee's work week. Compensatory time shall be accumulated at the rate of Y, hour of compensatory time for each Y, hour of overtime worked. 8 Only time actually worked shall count in the computation of overtime, except the time off due to excused absence for holidays. accumulated compensatory time off, vacation, and! sick leave shall be counted toward the computation of overtime. Compensatory time shall be accumulated to the nearest % hour increment. Where an employee works less than % hour per day of overtime. the employee shall not receive compensatory time, and such time shall not count toward the computation of overtime. In order to be entitled to compensatory time, such compensatory time must be authorized by the department head or his authorized agent. An employee shall not be entitled to accumulate compensatory time in excess of 80 hours during any calendar year. Any accumulated compensatory time accrued in excess of 80 hours shall be automatically paid on the first pay period of the new calendar year. B. Payment of Compensatory Time. Overtime shall be paid at the regular rate of payor equal time off, when authorized by the department head and approved by the City Manager. C. Egyment Upon Termination. Employees shall be entitled to receive payment for all accumulated compensatory time upon their termination. D. Employees may convert accumulated compensatory time to cash. SECTION 2. CALLBACK COMPENSATION. If employees are required to report back to work aftel" completing a normal work shift and have left the City premises and/or work location, they shall be compensated in cash or as compensatory time off at the straight time rate for actual hours of work with a minimum of three (3) hours call back compensation, regardless of whether the employee works less than three (3) hours. This provision shall not apply to employees who are continuing on duty. Article XI HOLIDAYS SECTION 1. Employees shall receive the following paid nine hour holidays, except letter "I" below: A. ,January 1 (New Year's Day) B. The third Monday in February (President's Day) C. Last Monday in May (Memorial Day) D. July 4 (Independence Day) E. First Monday in September (Labor Day) F. November 11 (Veteran's Day) G. I=ourth Thursday in November (Thanksgiving Day) H. I=ourth Friday in November (Day after Thanksgiving) I. One-half day before Christmas, if December 24 falls on a Monday through Thursday Christmas Eve; 4.5 hours)J. December 25 (Christmas Day)K. A total of 9 hours of floating holiday time SECTION 2. FLOATING HOLIDAY. Effective January 1 of each year, employees will have credited one nine hour floating holiday during the course of this MOU which shall be taken as time off from work during the calendar year in which the floating holiday was earned. The floating holiday shall be taken at the convenience of the City with approval of the department head or his duly authorized agent. The floating holiday is not cumulative and shall be forfeited should it not be taken during the calendar year it was earned. Employees under this section who terminate their employment with the City prior to using the floating holiday shall receive cash reimbursement for said holiday. SECTIC~DOUBLE TIME PAY. All employees required to work on a holiday listed above shall receive, with the approval of their supervisor, double time pay for hours worked on the holiday, or time off equal to the number of hours the employee actually worked on the holiday. EmploY'ges who work in excess of their regular number of hours on a holiday listed above, shall receive double time pay for all such hours actually worked. Employees shall receive no other compensation whatsoever for working on a holiday. SECTION 4. In the event any of the above holidays, except one-half day before Christmas,fall on 81 Sunday, the following day will be taken in lieu of the actual date on which the holiday falls. When any of the above holidays fall on a Saturday, except one-half day before Christmas, the preceding Friday will be taken in lieu of the actual date on which the holiday falls. Except that, when any of the above holidays falls on an employee's regularly scheduled day off, except one-half day before Christmas, employees will be credited with nine hours of holiday compensatory time. Accumulated holiday compensatory time must be used by the employee by the end of the calendar year in which itwascredited.SECTIC!1:-L5.... 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, the employee' s regularly scheduled day before and regularly scheduled day after the holiday. Should an employee fail to work the employee's regularly scheduled day before and after the holiday, the employee shall not be entitled to holiday pay. Probationary employees are provided with and are eligible to use floating holiday and fixed holiday hours, according to the guidelines established in this Article,and/or with approval of the Personnel Director.SECTIO~ 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 Article XII VACATION SECTION 1. All full-time, regular employees who have one year's continuous service shall thereafter be entitled to a vacation as follows:After Year' s of service 1 through 4 5 through 10 11 12 13 14 15 through 24 25 or more Vacation Hours Per Year 80 120 128 136 144 152 160 200 SECTION 2. 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. Accrual of vacation hours shall cease if the accumulated vacation hours exceed equivalent number of hours earned in the immediately preceding 24 month period. Vacation accruals will resume once the employee's accumulated vacation balance falls below the allowable limit.SECTION 3. An employee may convert up to 50% of his current annual vacation accrual into pay in lieu of time off with pay. An employee requesting such a conversion must meet the eligibility requirements as set forth in Section 1 and may so convert once in a calendar year.SECTION 4. Eligible full-time and part-time employees who terminate their employment with the City shall be paid for all accrued vacation, if any, and the prorated portion of their final accrual. Prorated vacation shall be on the basis of one-twelfth (1/12) of the employee's annual vacation pay for each full month of service.SECTION 5. Probationary employees accrue vacation, but may not use vacation until successful completion of an initial probation period, except in the event of a City Hall holiday closure, with approval of Article XIII LEAVES OF ABSENCE SECTION 1. LEAVE OF ABSENCE WITHOUT PAY. For all regular employees as described herein, the following Leave Without Pay procedure shall apply: A. After all available leave benefits, including vacation, compensatory time, and other leave benefits have been completely used, a regular employee, not under suspension, may make written application to the department head for leave without pay. No such leave will be considered absent a written application from the employee requesting leave. B. If the department head and the Personnel Director agree that such leave is merited and in the interest of the City, leave may be granted for a period not to exceed six 6) months following the date of expiration of all other allowable leave benefits. C. No employment or fringe benefits such as sick leave, vacation, health insurance, retirement, or any other benefits shall accrue to any employee on leave of absence without pay except as denoted under the FCML section below. During such leave in excess of five working days, no seniority shall be accumulated. D. Subject to and consistent with the conditions of the group health, life or disability plan, coverage may be continued during a leave, provided direct payment of the total premium 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. E. At the end of such leave, if the employee desires additional leave, written application must be made through the department head to the Personnel Director at least ten (10) days before the end of the six (6) month period, stating the reasons why the additional leave is required and why it would be in the best interests of the City to grant such leave of absence. If such additional leave is merited and would still preserve the best interests of the City, he may approve such extension of the leave of absence for a period up to but not to exceed an additional six months. F. If the employee does not return to work prior to or at the end of such leave of absence or extension of leave of absence, the City shall consider that the employee has terminated his employment with the City. G. An employee on leave of absence must give the City at least seven days' written notice of his intent to return to work prior to returning to work. H. Any employee who engages in outside employment during said leave of absence without prior notification and approval of the Personnel Director and department head may be subject to termination. 12 I. Any employee who falsifies the reason for the request for said leave of absence may be terminated for falsifying a request for leave of absence or extension thereof. J. Such leave shall be granted on the same basis for pregnancy, childbirth, and other medically related conditions, except that such an employee shall retain her seniority rights. K. Forms setting forth the benefits available or such other pertinent information shall be maintained for distribution in the Personnel Services Department. SECTION 2. 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: A. An employee granted industrial leave shall continue to be compensated at his regular rate of pay 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 in lieu of temporary disability payments. B. Should it be determined that an employee's illness or injury did not arise in the course of the employee's employment with the City and that the employee is not temporarily or permanently incapacitated or disabled, as a result of the injury or illness, then the employee's accrued, or if not sufficient, future sick leave shall be charged to reimburse the City for any payments made to the employee pursuant to Section 2 A above. C. An industrial leave of up to one year shall be authorized for each injury or illness determined to be compensable under the Workers' Compensation Act. D. No employee shall have accrued sick leave deducted while on industrial leave. Vacation and sick leave shall accrue for an employee on industrial leave. E. Industrial leave shall expire when any of the following conditions occur: 1) Employee is able to return to work to his regular position. 2) The employee is able to return to work to another position designated by the City. 3) The day before the employee is retired or separated for disability. The employee's retirement date" shall be determined by the Public Employees' Retirement System. 4) After 52 weeks of industrial leave. 13 F. 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 the physician has the expertise to treat the injury or illness and agrees to provide the 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: 1) The physician has previously directed the medical treatment of the employee. 2) The physician retains the medical records and history of the employee. An employee may request one change of physician during the first 30 days after the injury or illness is reported. SECTIC2tU. JURY DUTY AND SERVICES AS A WITNESS FOR THE 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. 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 norrnal pay while serving as a witness for the City. SECTION 4. PERSONAL NECESSITY LEAVE. Employees may be allowed up to one working day per month without pay, up to a maximum of six working days per calendar year, for personal business with approval of the department head. Employees shall accrue no employment benefits for any personal necessity leave in excess of six days per calendar year. In any instance involving use of a fraction of a day's personal necessity leave, time taken shall be to the nearest one-half hour, with a minimum charge of one- half hour.SECTION 5. 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.SECTIC~. SICK LEAVE. Sick leave with pay shall be allowed, credited, and accumulated in accordance with the following:A. For employees working a regular 40 hour week, eight (8) hours of sick leave will accrue for each month of continuous service. Probationary employees may use accrued sick leave during their probation period.B. Sick leave will be charged at the rate of Y, hour for each Y, hour an employee is C. Any employee eligible for sick leave with pay may use such leave for the following reasons: 1) Medical and dental office appointments during work hours when authorized by the department head or his authorized agent; and/or 2) Personal illness or physical incapacity resulting from causes beyond the employee's control; including pregnancy, childbirth and other medically related conditions. 3) Notwithstanding subsection C above, no employee shall be eligible or entitled to sick leave with pay for any illness or injury arising out of and in the course of City employment. 4) Family Leave. An employee is allowed up to 27 hours 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. D. Sll:k 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 C(4). 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 Y, hour, while additional actual absence of over Y, 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. E. 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).F. 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.G. Notwithstanding any other provision herein, a 40 hour per week employee who is initially hired after July 1, 1980 shall be allowed to accumulate and be credited with sick leave with pay only up to a maximum of 620 hours. Sick leave hours in excess of such maximum shall be forfeited.H. As set forth above, sick leave may not be utilized for service connected illness or injury.A state or federally funded grant employee who is not otherwise eligible or entitled industria' leave benefits as set forth in Section 2 above may utilize accrued sick leave during the statutory waiting period in order to supplement his workers' compensation benefits to a sum equal to the difference between his wages and workers' compensation benefits to the extent of such sick leave accruals. I. S.ick Leave Conversion. 1. 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. 2. Employees with sick leave usage of 27.5 to 36.0 hours per calendar year may convert up to 20 hours of unused sick leave to vacation the following year. 3. Employees must have a minimum balance of 180 hours of sick leave available after conversion. 4. The first conversion shall occur in the first pay period of January, 2001 based upon sick leave usage in calendar year 2000. SECTION 7. BEREAVEMENT LEAVE. Regular full-time employees shall be entitled to take up to three days of paid bereavement leave per incident on the following terms and conditions:A. Bereavement leave may only be used upon the death or critical illness where death appears to be imminent of the employee's immediate family. "Immediate family" as used in this subsection, shall be limited to any relation by blood, marriage or adoption,who is a member of the employee's household (living at the same address) and any parent, 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. [lays of absence due to bereavement leave shall not exceed three working days per incident and shall not be deducted from the employee's accumulated sick leave. An employee on bereavement leave shall inform his immediate supervisor of the fact and the reasons therefor as soon as possible. Failure to inform his immediate supervisor,within a reasonable period of time, may be cause for denial of bereavement leave with pay for the period of absence.SECTION 8. FAMILY CARE AND MEDICAL LEAVE (FCML). State and Federal laws require the City to provide family and medical care leave for eligible employees. The following provisions set forth employees' and employer's rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the City's Administrative Manual, Personnel Section, #2.34. Any provisions not set forth in the Administrative Manual are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 ( FMLA) and the regulations of the California Fair Employment and Housing Commission CFRA) (Government Code Section 12945.2). Unless otherwise provided, "Leave" under this article shall mean leave pursuant to the FMLA and CFRA. An employee's request for leave is subject to review and final approval of the Personnel Director. A. Amount of Leave. Eligible employees are entitled to a total of 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.The 12-month period for calculating leave entitlement will be a " rolling period"measured backward from the date leave is taken and continues with each additional leave day taken. Thus, whenever an employee requests leave, the City will look back over the previous 12-month period to determine how much leave has been used in determining how much leave an employee is entitled to.B. ~e 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 GQnnection 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 MedicalLeave.C. ful'Quired Forms. Employees must fill out required forms, available in the Personnel De,partment, including: Request for Family or Medical Leave; Medical Certification;Authorization for Payroll Deductions for benefit plan coverages ( if applicable); and Fitness-for- Duty to return from leave.Article XIV INSURANCE SECTION 1. LIFE INSURANCE. Effective July 1, 1999, the City shall contribute the full premium toward a $23,000 life insurance policy for each benefited employee.SECTION 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 $3,000 per month.SECTION 3. PART-TIME AND TEMPORARY 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 month 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 on the City's position control and approved in the City's approved budget. This formula of proration shall apply to holiday pay, vacation, sick leave, medical insurance contribution, disability insurance contribution, life insurance contribution, and retirement contribution.C. Temporary and seasonal employees shall be entitled to receive no fringe benefits provided for in this MOU or in any resolution of the City unless otherwise provided by Federal Law.SECTION 4. 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. Except as provided in Section 4 B Flexible Benefits Plan below, 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 extent required by law, each eligible retiree annuitant of PERS, an equal contribution of $16.00 per month.B. Flexible Benefits Plan. The City shall establish 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 miscellaneous pay: Effective Date March 1, 1999 January 1, 2000 January 1, 2001 January 1, 2002 Employee Only 169.00 199.00 209.00 219.00 Two Party 276. 00 334. 00 349. 00 364. 00 Family 371. C. The City's payment toward the Flexible Benefit Plan is exclusive of the $16.00 payment in Section 4 A. D. Any amounts in excess of the amounts designated in Section 4 A and B necessary to maintain benefits under any benefits plans selected by the employee shall be borne by the employee. E. 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. F. An employee may choose to not be enrolled in the Health Benefits Plan. If an employee chooses not to be enrolled in the health plan, the employee must provide proof, as determined by the Personnel Director, that comparable medical insurance is in full force and effect. Based on determination that insurance is in full force and effect, elillible employees shall receive $121.00 toward the Flexible Benefits Plan. Effective January 1, 2000, eligible employees shall receive $200.00 towards the Flexible Benefits Plan. In the event that the employee loses eligibility (with documentation) then the employee may re-enroll in the PERS Health Benefits Plan pursuant to the PERS Health Benefits Plan.Article XV SAFETY EQUIPMENT SECTION 1. All protective clothing or protective devices required of employees in the performance of their duties shall be furnished without cost to the employees by the City.SECTION 2. SAFETY SHOES. Designated employees covered by this MOU may be required to wear safety shoes with steel toes while on duty. An employee classified as Assistant Civil Engineer, Associate Civil Engineer, Building Inspector, Code Enforcement Officer, Combination Building Inspector, Construction Inspector, Engineering Technician,Plans Examiner, Storekeeper, Traffic Signal Technician, Senior Traffic Signal Technician, or Water Quality Inspector, will receive up to $250.00 per fiscal year for safety boots allowance.Inspection of the work site will be made on a regular basis to ascertain compliance to the safety shoe program. Article XVI EDUCATIONAL ASSISTANCE PROGRAM SECTION 1. The City will reimburse employees for the cost of tuition, text books, health fees and parking fees required for approved community college and college courses. An approved course is one designated to directly improve the knowledge of the employee relative to his specific job or courses leading to an accredited degree. In addition, the City will reimburse employees for job-related: lab fees and cost of materials, licensing and registration fees, as well as licensing and registration renewal fees. The request will be reviewed by the department head who shall submit all requests, along with recommendations, to the Personnel Director for approval prior to registration. Reimbursement will be based upon the final grade received. A final grade of "C" or better qualifies an employee for 1 00%reimbursement up to the amount specified in Section 2 of this Article.SECTION 2. Educational assistance payments to an employee shall not exceed $1,000.00 in anyone fiscal year and the individual must still be employed by the City when the course is completed.SECTION 3. EDUCATION PROGRAM FOR BUILDING INSPECTOR/ COMBINATION INSPECTOR.A. All employees classified as a Building Inspector, Combination Inspector, or Plans Examiner shall be eligible for this program.B. To qualify for the incentive, eligible employees shall become and remain certified by the International Conference of Building Officials (I.C.B.O.) as a Combination Dwelling Inspector in one of the following disciplines:1) Plumbing;2) Electrical;3) Mechanical;4) Plans Examiner;5) Any other discipline approved by the Building Official that may be offered by I.C.B. O.in the future.Failure to maintain certification in the required disciplines (through re- examination) shall result in such inspector no longer qualifying for the incentive.C. Employees who qualify as set forth above shall be compensated by an additional 1,200.00 per year, paid in increments of $300.00 per quarter.D. City shall pay I.C.B.O. fees upon passing initial and re- SECTION 4. CERTIFICATION REIMBURSEMENT PROGRAM FOR CODE ENFORCEMENT OFFICER. SENIOR CODE ENF. OFFICER. AND ASSISTANT OR ASSOCIATE PLANNER. A. All persons classified as a Code Enforcement Officer, Senior Code Enforcement Officer, or Assistant or Associate Planner shall be eligible for this program. B. To qualify for the reimbursement, eligible Code Enforcement Officers shall become certified by American Association of Code Enforcement (AACE); eligible Planners shall beGome certified by the American Institute of Certified Planners (AICP). C. City shall reimburse AACE and AICP testing fees, up to a maximum of $300.00, upon sUGcessful completion of the examination. Article XVII 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 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. SECTION 3. TOURIST-CLASS AIRPLANE PASSAGE will be considered standard forout-<Jf- town travel.SECTION 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 flat rate per mile allowed under the current IRS regulations shall be approved for use of personal cars when City cars are not available.SECTION 5. AIR. RAIL. OR PUBLIC TRANSPORTATION used and expenses for local transportation, such as taxicabs and bus fare, will be allowed whenever such transportation is necessary for conduct of City business. In addition, the following expenses and charges will be allowed, whenever necessary, for the conduct of City business.A. Expense will be allowed for adequate lodging. Hotel accommodations shall be appropriate to the purpose of the trip.B. Telephone and telegraph charges will be allowed for official calls and telegrams.C. Expenses for meals will be reimbursed according to Administrative Policy No. Article XVIII RETIREMENT SECTION 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. SECTIC'!'L2... Employees are required to pay 4% of their salary, pre-taxes through payroll deduction, 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 and conferring or concessions by the employees.SECTION 3. The City will provide the 1959 PERS Survivor Benefit at the Third Level Option.SECTION 4. Part-time employees not covered under the Public Employees' Retirement System shall participate in a defined contribution retirement plan in lieu of Social Security contributions. The City shall contribute 3.75% of the employee's eligible earnings towards the retirement plan. Part-time employees shall contribute 3.75% of their eligible earnings toward the retirement plan.Article XIX EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITY SECTION 1. DUES DEDUCTIONS. The City shall deduct dues, on a bi-weekly basis, from the pay of all employees recognized to be represented by the Association, who voluntarily authorize such deduction, in writing, on a form to be provided for this purpose which is mutually agreed to by the Association and the City. The City shall remit such funds to the Association within 10 days following their deduction.SECTION 2. INDEMNIFICATION. The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits arising out of the deductions or transmittal of such funds to the Association except the intentional failure of the City to transmit, to the Association, moneys deducted from the employees pursuant to this Article.SECTION 3. NEW HIRES. The City will provide the Association with a list of any new hires into the bargaining unit within thirty days of receipt of a request for such list by the Association.SECTION 4. USE OF CITY FACILITIES. Upon prior notice and subject to availability, the City shall allow the Association to use City facilities for membership, Board of Directors, SECTION 5. POSTING OF NOTICES. The Association shall be afforded the opportunity to post OMEA bulletins, updates, and notices pertaining to Association business and meetings. Article XX CITY RIGHTS SECTIOI\l1. 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 exclLlsive rights of Management, as they are not abridged by this MOU or by law, shall include, but not be limited to, the following rights: A. To manage the City generally and to determine the issues of policy. B. To determine the existence or non-existence of facts which are the basis of the Management decision.C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services.D. To determine the nature, manner, means, and technology, and extent of services to be provided to the public.E. Methods of financing.F. Types of equipment or technology to be used.G. To determine and/or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted.H. To determine and change the number of locations, relocations, and types of operations,processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City.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 any new classifications to be assigned to the bargaining unit. N. To hire, transfer, promote, and demote employees for non-disciplinary reasons in accordance with this MOU.O. To determine policies, procedures, and standards for selection, training, and promotion of employees.P. To establish employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith.Q. To maintain order and efficiency in its facilities and operations.R. To estllblish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this MOU.S. To take any and all necessary action to carry out the mission of the City in emergencies.SECTION 2. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact on a significant number of employees of the bargaining unit,the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU.Article XXI 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 this 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 terms 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 hereunder occurs, the City shall notify the Association prior to any change of insurance carrier or method of funding the coverage. Article XXII SAFETY AND HEALTH The City and the employees of the City agree to comply with all applicable Federal, State and City laws, codes and policies which relate to health and safety. In addition the City and Association agree to actively pursue the continuation of safe working procedures and environments. Article XXIII GRIEVANCE PROCEDURE SECTION 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. SECTION 2. BUSINESS DAYS. Business days mean calendar days, exclusive of Saturdays, Sundays, and legal holidays recognized by the City. SECTION 3. TIME LIMITS FOR FILING WRITTEN FORMAL GRIEVANCES. The time limits for filing written formal grievances shall be strictly construed, but may be extended by mutual agreement evidenced, in writing, and signed by a duly authorized representative of the City and the grieving party. Failure of the grieving party to comply with any of the time limits set forth hereunder shall constitute waiver and bar further processing of the grievance. Failure of the City to comply with time limits set forth in this Section shall automatically move the grievance to the next level in the Grievance Procedure. SECTION 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 go beyond the division head concerned. In order that this informal procedure may be responsive, all parties involved shall expedite this process. In no case may more than 10 business days elapse from the date of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance and the filing of a written formal grievance with the Personnel Director of the City, with a copy to the department head in which the employee works. Should the grievant fail to file a written grievance within 10 business days from the date of the incident giving rise to the grievance, or when grievant knew or should have reasonably become aware of the facts giving rise to the grievance, the grievance shall be barred and waived. 25 SECTION 5. FORMAL PROCESS. PERSONNEL DIRECTOR. DEPARTMENT HEAD. If the grievance is not resolved through the informal process, and the written grievance is filed within the time limits set forth above, the grievant shall discuss the grievance with the Personnel Director and the department head within 10 business days. The Personnel Director and the department head shall render a decision and comments, in writing, regarding the merits of the grievance and return them to the grievant within 5 business days following the grievance discussion. SECTION 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 15 business days from the presentation of the written grievance to the Personnel Director and department head, the written grievance shall be presented to the City Manager or his duly authorized representative within 10 business days, for determination. Failure of the grievanl 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. SECTION 7. FORMAL PROCESS FOR TERMINATIONS. ADVISORY HEARING OFFICER. The final step in the formal process for challenging the imposition of termination of a full- time non-probationary employee shall be an advisory decision rendered by a Hearing Officer followin!~ a full evidentiary hearing conducted by the Hearing Officer. A Hearing Officer must be selected within thirty calendar days of the filing of a request for a hearing by the employee.If the parties cannot agree on the identity of the Hearing Officer, the parties shall procure from the State Conciliation Service a list of seven qualified Hearing Officers. Each party shall alternately strike one name from the list until only one person remains, who shall be the Hearing Officer. The determination as to which party strikes first shall be made on a random basis. Fees for retaining the Hearing Officer and other costs related to conducting the hearing. for example employing a court reporter, shall be shared equally by the City and the Association.The Hearing Officer shall determine whether good cause exists for the imposition of the termination and, if not, the appropriate degree of discipline. The recommendation of the Hearing Officer is remitted to the City Manager for final disposition. The City Manager, or his duly aulhorized representative, shall render a final decision on the Hearing Officer' s comments and recommendation, in writing, and return them to the grievant within 10 business days after receiving the Hearing Officer' s findings.After this procedure is exhausted, the grievant, the Association and the City shall have all rights and remedies to pursue said grievance under the law. The City shall instruct its supervisors on the proper use and implementation of this grievance procedure and every reasonable effort shall be made by employee and the supervisor to resolve the grievance at the informal Article XXIV NO STRIKE - NO LOCKOUT Prohibited Conduct SECTION! 1. The Association, its officers, agents, representatives and/or members agree that during the term of this MOU, they will not cause or condone any strike, walkout, slowdown,sickout, or any other job action by withholding or refusing to perform services.SECTION! 2. The City agrees that it shall not lock out its employees during the term of this MOU. SECTION 3. Any employee who participates in any conduct prohibited in Sections 1 and 2 above may be subject to termination by the City.SECTION 4. In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities listed below in Section 5, Association Responsibility, the City may suspend any and all of the rights, privileges,accorded to the Association under the Employee Relations Resolution in this MOU including,but not liimited to, suspension of recognition of Association, grievance procedure, right of access, check-off, the use of the City's bulletin boards, and facilities. SECTION 5. Association Responsibility A. In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 1 above, Prohibited Conduct, the Association or its duly authorized representatives shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and they should immediately cease engaging in conduct prohibited in Section 1 above, Prohibited Conduct, and return to work. B. If the Association performs all of the responsibilities set forth in subsection A above, its officers, agents, and representatives shall not be liable for damages for prohibited conduct performed by employees who are covered by this MOU in violation of subsection A above. Article XXV LAYOFF PROCEDURES 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 employees are subject to reduction in force at the direction of the City Manager. 27 SECTION 3 Policy. The City retains the right to abolish any position, reduce the work force and layoff employees when it becomes necessary due to economic conditions, organizational changes, lack of work, or because the necessity for a position no longer exists. The City's layoff policy provides the following criteria to be followed during a reduction in force. SECTION 4 Procedure. A. ORDER OF REDUCTIONS IN FORCE (Layoff and Demotion). Within a department and by classification, the order of layoff or demotion shall be as follows: 1) Temporary employees (19 hours or less); 2) Initial probationary employees; 3) Regular part-time and full-time employees (20 to 40 hours).For purposes of this procedure, the Water Division will be considered a department. B. 1-AYOFFS 1) Layoffs shall be based on City-wide seniority, except, negative performance during the past 3 years will be considered to determine the order of layoff. Negative performance and disciplinary actions will be defined as the following:a. Denial of merit increases; b. Suspension without pay;c. Extensions of probationary periods;d. Disciplinary demotions to lower level positions;e. Disciplinary reductions in pay.f. Performance evaluations containing significant, negative written comments indicating improvement needed and warning of further consequences to follow if improvement fails to occur.A single negative disciplinary action as described above will not reduce the employee's seniority. However, each additional disciplinary action during the 3 year period will reduce the employee's seniority by two years for each additional occurrence, for a possible reduction of 6 years.2) The order of layoff shall be established by the Personnel Director, including seniority and results of review of performance evaluations and prior disciplinary actions.3) The order of layoff will be the least senior employee as determined by the procedure above.4) Prior to the establishment of the final order of layoff, the Personnel Director shall furnish affected employees a copy of the "Proposed Order of Layoff." Notice will be hand delivered to 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 calendar days following the establishment and distribution of a "Proposed Order of Layoff" list. The employee will be allowed representation during the appeal process. 6) After meeting with all employees wishing to be heard with respect to their position on the layoff list, the Personnel Director or his designee shall establish the "Final Order of Layoff" list. The decision of the Personnel Director 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, filled positions within their department providing they: a. formerly held or supervised the lower level position within the City of Orange and within the classification; b. employee meets or can reasonably meet qualifications for the new position as determined by the Personnel Director; c. possesses greater seniority to displace a lower level worker; d. requests in writing a demotion to the previously held or supervised position within seven calendar days of receiving the notice of layoff or voluntary demotion. A voluntary demotion shall not reflect as a negative action in the employee's personnel file. D. WRITTEN NOTICE Employees to be laid off shall be provided written notice at least seven days in advance of the layoff date. Notice will be hand delivered to the employee whenever possible. If personal delivery is not possible. the notice will be sent by certified mail to the last known residential address. E. RF-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 Last released - first re-hired). Vacancies the department desires to fill will be offered first to eligibles on the departmental re-employment list.2) Other hiring departments who have vacancies the City desires to fill will give priority consideration to those employees whose names appear on the re- employment list.If these employees are not selected for re-hire, the reason for non-selection must be approved by the Personnel Oirector.3) Names of qualified individuals shall remain on re-employment lists for a period not to exceed 2 years from the date of layoff. Individuals who qualify for re-hire but do not respond to written notification to the last known address on file within fourteen calendar days or who refuse two job offers shall have their names removed from the re-employment list. It is the employee's responsibility to provide the Personnel Department with a current mailing address. Once re-hired, employee names are removed from all re-employment lists.SECTION 5 Non Discrimination In Reduction In Force. Layoffs and demotions which result from a reduction in force shall be made without regard to an employee's race, color, religion,national origin, sex, age, marital status, or functional limitations as defined in the ADA and other applicable state and federal law.Article XXVI MISCELLANEOUS PROVISIONS SECTION 1. RIOESHARE INCENTIVE PROGRAM. An employee may receive $30.00 per month and eight hours of compensatory time every six months for carpooling, using public transportation, biking, walking, or using other approved modes of transportation to commute to the work-site. To qualify for these incentives, an employee must use one of the above-mentioned forms of transportation a minimum of 70% of his commuting time.SECTION 2. UNIFORM ALLOWANCE REPORTED TO PERS A. The City will purchase uniforms for certain designated classifications within the Association. Uniform allowance for the following classification, in the amount specified per calendar year, shall be reported to the Public Employees' Retirement System: Equipment Parts Technician ($82.00) annually.B. All uniforms and/or safety equipment purchased by Article XXVII SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING It is the intent of the parties hereto that the provisions of this MOU shall supersede all prior MOUs and memorandums of agreement, or memorandums of understanding, or contrary salary and/or personnel resolutions or Administrative Codes, provisions of the City, oral and written, expressed or implied, between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This MOU is not intended to conflict with federal or state law. Article XXVIII WAIVER OF BARGAINING DURING THE TERM OF THIS MEMORANDUM OF UNDERSTANDING During the term of this MOU, the parties mutually agree that they will not seek to negotiate or bargain with regard to wages, hours, and terms and conditions of employment, whether or not covered by the Memorandum or in the negotiations leading thereto, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this Memorandum. Regardless of the waiver contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this Memorandum. Article XXIX 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 emerl~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 XXX 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. 31 Article XXXI TERM OF MEMORANDUM OF UNDERSTANDING The terrn of this MOU shall commence on March 1, 1999 and shall continue in full force and effect until June 30, 2002. Article XXXII RATIFICATION AND EXECUTION The City and the Orange Municipal Employees' Association acknowledge that this MOU shall not be in full force and effect until adopted by the City Council of the City of Orange. Subject to the foregoing, this MOU is hereby executed by the authorized representatives of the City and the Association and entered into this _ day of , 1999. CIT By: -+Patricia Oberle, Employee Benefits Coordinator By: J:pv\ft'l'- ~s Karen Angers, Payroll upervlsor By:~l . Sus; m B , Senior Ap City Attorney ORANGE MUNICIPAL EMPLOYEES'ASSOCIATION BY:~ () ~~ BY: rP~~ BYWw~t?:~) By:By:32 APPENDIX "A" ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION MONTHLY SALARY RANGES EFFECTIVE JUNE 20,1999 NEW STEP STEP STEP STEP STEP STEP Classificaltion Title RANGE A B C D E F Accountant 458 3502 3680 3868 4065 4273 4490 Administrative Clerk 353 2074 2180 2291 2408 2531 2660 Assistant Civil Engineer 493 4170 4382 4606 4841 5087 5347 Assistant Engineer 493 4170 4382 4606 4841 5087 5347 Assistant Planner 451 3382 3554 3735 3926 4126 4336 Associate Civil Engineer 513 4607 4842 5089 5348 5621 5908 Associate Planner 471 3736 3927 4127 4338 4559 4791 Building Inspector 446 3298 3466 3643 3829 4024 4230 Business Services Inspector 420 2897 3045 3200 3363 3535 3715 Buyer 414 2812 2955 3106 3264 3431 3606 Code Enforcement Officer 438 3169 3331 3501 3679 3867 4064 Combination Building Inspec. 456 3467 3644 3830 4025 4230 4446 Construction Inspector I 427 3000 3153 3314 3483 3660 3847 Construction Inspector II 447 3315 3484 3661 3848 4044 4251 Engineering Technician I 411 2770 2911 3060 3216 3380 3552 Engineering Technician II 431 3060 3217 3381 3553 3734 3925 Equipment Parts Technician 397 2583 2715 2853 2999 3152 3313 Finance Clerk 370 2258 2373 2494 2621 2755 2895 Finance T<9chnician 428 3015 3169 3330 3500 3679 3866 GIS Coordinator 471 3736 3927 4127 4338 4559 4791 Housing Specialist 443 3249 3415 3589 3772 3965 4167 Librarian I 424 2955 3106 3265 3431 3606 3790 Librarian II 444 3266 3432 3607 3791 3984 4188 Library Assistant 384 2421 2544 2674 2811 2954 3105 Library Clerk 328 1831 1924 2023 2126 2234 2348 Library Info. System Coordinator 444 3266 3432 3607 3791 3984 4188 Library Page 276 1413 1485 1560 1640 1724 1812 Permit Technician 390 2495 2622 2755 2896 3044 3199 Planning Aide 421 2912 3060 3216 3380 3553 3734 Plans Examiner 456 3467 3644 3830 4025 4230 4446 Public Services Clerk 390 2495 2622 2755 2896 3044 3199 Secretary 392 2520 2648 2783 2925 3074 3231 Senior Accountant 478 3869 4066 4274 4492 4721 4961 Senior Administrative Clerk 373 2292 2409 2531 2661 2796 2939 Senior Code Enforcement Offcr 458 3502 3680 3868 4065 4273 4490 Senior Finance Clerk 390 2495 2622 2755 2896 3044 3199 Senior Library Clerk 358 2127 2235 2349 2469 2595 2727 Senior Traffic Signal Technician 471 3736 3927 4127 4338 4559 4791 Storekeeper 397 2583 2715 2853 2999 3152 3313 Traffic Si9nal Technician 411 2770 2911 3060 3216 3380 3552 Transportation Analyst 513 4607 4842 5089 5348 5621 5908 Water Quality Inspector 436 3138 3298 3466 3643 3829 4024 Water Services Secretary 402 2648 2783 2925 3075 3231 3396 33 ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION MONTHLY SALARY RANGES EFFECTIVE JUNE 18, 2000 I Classification Title NEW STEP STEP STEP STEP STEP STEP RANGE A B C D E F Accountant 464 3608 3792 3985 4189 4402 4627 Administrative Clerk 359 2137 2246 2361 2481 2608 2741 Assistant Civil Engineer 499 4296 4515 4746 4988 5242 5509 Assistant Engineer 499 4296 4515 4746 4988 5242 5509 Assistant Planner 457 3484 3662 3849 4045 4251 4468 Associate Civil Engineer 519 4747 4989 5243 5511 5792 6087 Associate Planner 477 3850 4046 4252 4469 4697 4937 Building Inspector 452 3398 3572 3754 3945 4147 4358 Business Services Inspector 426 2985 3137 3297 3466 3642 3828 Buyer 420 2897 3045 3200 3363 3535 3715 Code EnForcement Officer 444 3266 3432 3607 3791 3984 4188 Combination Building Inspec. 462 3572 3754 3946 4147 4359 4581 Construction I nspector I 433 3091 3249 3415 3589 3772 3964 Construction Inspector II 453 3415 3590 3773 3965 4167 4380 Engineering Technician I 417 2854 3000 3153 3313 3482 3660 Engineering Technician II 437 3153 3314 3483 3661 3848 4044 Equipment Parts Technician 403 2662 2797 2940 3090 3248 3413 Finance Clerk 376 2326 2445 2570 2701 2838 2983 Finance Technician 434 3107 3265 3432 3607 3791 3984 GIS Coordinator 477 3850 4046 4252 4469 4697 4937 Housing Specialist 449 3348 3519 3698 3887 4085 4293 Librarian I 430 3045 3201 3364 3535 3716 3905 Librarian II 450 3365 3536 3717 3906 4105 4315 Library Assistant 390 24S5 2622 2755 2896 3044 3199 Library Clerk 334 1887 1983 2084 2190 2302 2419 Library Info. System Coordinator 450 3365 3536 3717 3906 4105 4315 Library Page 282 1456 1530 1608 1690 1776 1867 Permit Technician 396 2570 2701 2839 2984 3136 3296 Planning Aide 427 3000 3153 3314 3483 3660 3847 Plans Examiner 462 3572 3754 3946 4147 4359 4581 Public Se,rvices Clerk 396 2570 2701 2839 2984 3136 3296 Secretary 398 2596 2728 2868 3014 3168 3329 Senior Accountant 484 3987 4190 4404 4628 4864 5112 Senior Administrative Clerk 379 2361 2482 2608 2741 2881 3028 Senior Code Enforcement Offcr 464 3608 3792 3985 4189 4402 4627 Senior Finance Clerk 396 2570 2701 2839 2984 3136 3296 Senior Library Clerk 364 2191 2303 2420 2544 2673 2810 Senior Traffic Signal Technician 477 3850 4046 4252 4469 4697 4937 Storekeeper 403 2662 2797 2940 3090 3248 3413 Traffic Si!Jnal Technician 417 2854 3000 3153 3313 3482 3660 Transportation Analyst 519 4747 4989 5243 5511 5792 6087 Water Quality Inspector 442 3233 3398 3571 3753 3945 4146 Water Services Secretary 408 2729 2868 3014 3168 3330 3499 34 ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION MONTHLY SALARY RANGES EFFECTIVIE JULY 1, 2001 NEW STEP STEP STEP STEP STEP STEP Classification Title RANGE A B C D E F Accountant 470 3718 3907 4107 4316 4536 4767 Administrative Clerk 365 2202 2314 2432 2556 2687 2824 Assistant Civil Engineer 505 4427 4652 4890 5139 5401 5677 Assistant Engineer 505 4427 4652 4890 5139 5401 5677 Assistant Planner 463 3590 3773 3966 4168 4380 4604 Associate Civil Engineer 525 4891 5140 5403 5678 5968 6272 Associate Planner 483 3967 4169 4382 4605 4840 5087 Building Inspector 458 3502 3680 3868 4065 4273 4490 Business Services Inspector 432 3076 3233 3398 3571 3753 3944 Buyer 426 2985 3137 3297 3466 3642 3828 Code Enforcement Officer 450 3365 3536 3717 3906 4105 4315 Combination Building Inspec. 468 3681 3868 4066 4273 4491 4720 Construction Inspector I 439 3185 3348 3518 3698 3886 4084 Construction Inspector II 459 3519 3699 3887 4086 4294 4513 Engineering Technician I 423 2941 3091 3248 3414 3588 3771 Engineering Technician II 443 3249 3415 3589 3772 3965 4167 Equipment Parts Technician 409 2742 2882 3029 3184 3346 3517 Finance Clerk 382 2397 2519 2648 2783 2925 3074 Finance Technician 440 3201 3364 3536 3716 3906 4105 GIS Coordinator 483 3967 4169 4382 4605 4840 5087 Housing Specialist 455 3450 3626 3811 4005 4209 4424 Librarian I 436 3138 3298 3466 3643 3829 4024 Librarian III 456 3467 3644 3830 4025 4230 4446 Library Assistant 396 2570 2701 2839 2984 3136 3296 Library Clerk 340 1944 2043 2147 2257 2372 2493 Library Info. System Coordinator 456 3467 3644 3830 4025 4230 4446 Library Page 288 1500 1576 1657 1741 1830 1923 Permit Technician 402 2648 2783 2925 3075 3231 3396 Planning Aide 433 3091 3249 3415 3589 3772 3964 Plans Examiner 468 3681 3868 4066 4273 4491 4720 Public Services Clerk 402 2648 2783 2925 3075 3231 3396 Secretary 404 2675 2811 2955 3105 3264 3430 Senior Accountant 490 4108 4317 4537 4769 5012 5267 Senior Administrative Clerk 385 2433 2557 2688 2825 2969 3120 Senior Code Enforcement Offcr 470 3718 3907 4107 4316 4536 4767 Senior Finance Clerk 402 2648 2783 2925 3075 3231 3396 Senior Library Clerk 370 2258 2373 2494 2621 2755 2895 Senior Traffic Signal Technician 483 3967 4169 4382 4605 4840 5087 Storekeeper 409 2742 2882 3029 3184 3346 3517 Traffic Signal Technician 423 2941 3091 3248 3414 3588 3771 Transportation Analyst 525 4891 5140 5403 5678 5968 6272 Water Quality Inspector 448 3331 3501 3680 3867 4065 4272 Water Services Secretary 414 2812 2955 3106 3264 3431 3606 35