RES-8649 MOU Orange Management Association effective 03-01-1996 to 02-28-1999RESOLUTION NO. 8649
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 1,1996 THROUGH AND INCLUDING
FEBRUARY 28, 1999, AND REPEALING RESOLUTION NO. 8354
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, 1996 through and including February
28, 1999,and repealed Resolution No. 8354 and amendments thereto for said employees, as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 Appendix "
A", and furthermore that staff is authorized to adjust the Fiscal Year 1996/97 budget to
reflect the changes approved in
this resolution.ADOPTED this 25th day of
June, 1996.City Clerk of th C
yof Orange 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 25th day
of June,1996 by the
following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:COUNCILMEMBERS:MURPHY, BARRERA, COONTZ,
SPURGEON,
SLATER NONE City Clerk of the ty
CITY OF ORANGE
AND
ORANGE MANAGEMENT ASSOCIATION
MEMORANDUM OF UNDERSTANDING
MARCH 1, 1996 TO FEBRUARY 28,1999
CITY OF ORANGE
AND
ORANGE MANAGEMENT ASSOCIATION
MEMORANDUM OF UNDERSTANDING
MARCH 1, 1996 TO FEBRUARY 28,1999
Article No. Article Title Paae No.
Recognition 1
II Non-Discrimination
1 III Salaries
1 IV Probation
4 V Promotion
4 VI Demotion
5 VII Reassignment
5 VIII Working Out Of Class
6 IX Call-
Back 6 X
Holidays 7 XI
Vacation 9 XII Leaves of
Absence 10 XIII Health
Benefits 15 XIV Educational
Reimbursement 17 XV Travel
Expense 17 XVI
Retirement 18 XVII Deferred
Compensation 18 XVIII Employee Organizational
Rights and
Responsibilities 18 XIX City
Rights 19 XX Grievance
Procedure 20 XXI No Strike/No
Lockout 22 XXII Sole and Entire
Article No. Article Title Paae No.
XXIII Waiver of Bargaining 23
XXIV Emergency Waiver 23
XXV Miscellaneous Provisions 23
XXVI Layoff Procedures 24
XXVII Re-opener
26 XXVIII Separability Provision
27 XXIX I Term ofMOU
27 XXX Ratification & Execution
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 called the "City"), for
the purpose of meeting its obligations under the Meyers-Milias-Brown
Act (Government Code Section 3500 et seq.), Employee Relations Resolution No. 3611 and
this Agreement, has recognized the Orange Management Association (hereinafter called the
Association) as the majority representative of the classifications as set forth
in Exhibit
A.
Article II NON-DISCRIMINATION SECTION 1. The parties mutually recognize and agree to protect
the rights of all employees hereby to join and/or participate in protected Association
activities or to refrain from joining or participating in protected activities in
accordance with the Employer-Employee Relations Resolution and Government
Code Sections 3500 et. seq.SECTION 2. The City and the Association agree that
they shall not discriminate against any employee because of race, color, sex, age, national
origin, political or religious opinions or affiliations. The City and the Association shall reopen any
provision of this Agreement 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 Agreement in compliance with
state or federal anti-discrimination laws.SECTION 3. Whenever the masculine gender
is used in this Memorandum of Understanding, it shall be
understood to
include
the feminine gender.Article III SALARIES SECTION 1. BASIC COMPENSATION PLAN.
There is hereby established a basic compensation plan for all members of the
Orange Management Association who are now employed or will in the future be employed in
any of the designated classifications of employment listed in this
Memorandum of Understanding and its attachments.SECTION 2. Salaries effective the payroll period of
March 1, 1996, December 22, 1996,and August 30, 1998, for employees covered by this Agreement
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 compensation plan based on a
40 hour work week. However, for the period of March 1, 1996 through July 5, 1997, actual
prorated to reflect the furlough program, which provides for a 36 hour work week.
The respective ranges shall be identified by number and the steps by the letters "A" to
F" inclusive. The columnar heads at the top of each column shall establish the purpose of
each step and the minimum length of service required for advancement to the next higher
step, as provided in Section 6 hereof.
SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN. The
compensation ranges and steps contained in the monthly salary schedule in Appendix "A"
hereof 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 2,080 annual hours.
In determining the hourly rate as herein provided, compensation shall be made to the
nearest one-half (Y:z)
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. 1,040 hours of part-time
employment
shall equal six months'service.SECTION 4. BEGINNING RATES. A new employee of the City
of Orange shall be paid the rate shown in the Step "A" in the range allocated to the class
of employment for which he has been hired, except that on the request of the department
head under whom the employee will serve, and with the authorization of the Personnel Director,
such employee may be placed in Step "B", "C", "D", "E", or "F" depending
upon the employee's qualifications.SECTION 5. SERVICE. The word service, as used in
this Resolution, shall be defined to mean continuous, full-time service in his
present classification, service in a higher classification, or service in a classification allocated to
the same salary range and having generally similar duties and requirements. A lapse of service by
any employee for a period of time longer than 30 days by reason of resignation or
discharge shall serve to eliminate the accumulated length of service time of such employee for
the purpose of this Resolution. Such employee re-entering the service of the City of
Orange shall be considered as a new employee, except that he may be re-employed within
one year and placed in the same salary step in the appropriate compensation range as he
was
at the time of the termination of employment.SECTION
6. ADVANCEMENT WITHIN SCHEDULE. The
following regulations shall govern salary advancement within ranges:A. MERIT ADVANCEMENT. After
the salary of an employee has been first established and fixed under this
plan, such employee shall be advanced between steps,effective the first day of the next pay period
following the date of completion of
the
B. MERIT ADVANCEMENT. An employee may be considered for advancement
from Step "A" to Step "B", from Step "B" to Step "C", from Step "C" to Step "D", from Step
D" to Step "E," or Step "E" to Step "F" based only on continuous, meritorious, and
efficient service, and continued improvement by the employee in the effective
performance of the duties of his position. Such merit advancement shall require the
following:
1) The department head in which the employee is employed shall file with
the Personnel Director a statement recommending the granting or denial of the
merit increase and supporting such recommendation with specific reasons
therefor.
2) The recommendation of the department head and the approval of the
Personnel Director shall be forwarded to the Finance Director for change of
payroll status. A disapproval, together with the reasons therefor, shall be
returned to the department head.
C. SPECIAL MERIT ADVANCEMENTS. In such cases as may occur wherein an
employee shall demonstrate exceptional ability and proficiency inshall demonstrate exceptional
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 Resolution. 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,
there 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 contained herein shall be construed to authorize an
increase in salary as payment for past services rendered.
SECTION 7. REDUCTION IN SALARY STEPS. Any employee who is being paid
on a salary step higher than Step "An 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.
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0/>., SECTION 8. INCENTIVE PAY PLAN. The City Manager may, for the employees
covered by this agreement, 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 covered herein shall be eligible
for bilingual assignment on the following basis:
A. The Personnel Director or his designee shall determine in his sole discretion,
the department(s) eligible for bilingual assignment(s) and the appropriate language(s).
B. Such employees as set forth in (A) above shall be tested and certified as
determined by the Personnel Department or its agent.
C. 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.D.
Employees assigned as set forth above shall receive $70.00 per month per employee
during the period of the bilingual assignment.Article
IV PROBATION
SECTION
1. An employee initially appointed or promoted to a class shall serve a probationary
period of 26 pay periods during which he shall have an opportunity to demonstrate
suitability for the job. Under certain conditions, with approval of the Personnel Director,
the department head may, for just cause, extend the probationary period. The employee
shall attain permanent status in the class upon successful completion of the probationary
period. An employee who does not satisfy the standards of the class during the probationary
period shall be notified in writing and termination or demotion proceedings shall be
initiated. A newly hired probationary employee shall not be entitled to appeal termination or
demotion action.Article
V 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; provided,however,
that 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 eligibles in higher bands will be notified of reasons for their non-
selection.
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Article VI
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 VII
REASSIGNMENT OF COMPENSATION RANGES
SECTION 1. Any employee who is employed in a classification which is allocated to a
different pay range shall be retained in the same salary step in the new range as he has
previously held in the prior range, and shall retain credit for length of service in such step
toward advancement to the next higher step; provided however:
A. That if such retention shall result in the advancement of more than one step,
the Personnel Director, may at his discretion, at the time of reassignment, place the
employee in a step which will result in an increase of only one step.
B. That if the reassignment shall be to a lower compensation range, the "F" step
of which shall be lower than the existing rate of pay at the time of reassignment, the
employee shall continue to be paid at the existing rate of pay until such time as the
position shall be reassigned to a compensation schedule Which will allow for further
salary advancement, or until such time as the employee is promoted to a position
assigned to a higher compensation range.
C. That if the reassignment is to a lower compensation range, the "F" step of
which is higher than the existing rate of pay, the employee shall be placed in that step of
the lower compensation range which is equivalent to the existing rate of pay, and shall
retain credit for length of service previously acquired in such step toward advancement
to the next higher step.
D. The City Manager shall be permitted to reduce the salary range of any
classification, but shall not be able to increase the range when any position is vacant.
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Article VIII
WORKING OUT OF CLASS
SECTION 1. The City may work employees out of classification for up to 120
consecutive working hours without additional compensation.
SECTION 2. Working out of class assignments shall only be made for positions vacated
due to illness or an approved leave of absence. To qualify for working out of class pay, the
employee must be performing all the significant duties of the higher level class. An employee
shall receive acting time pay at the "A" Step of the higher class, but shall receive not less than
5% above the employee's regular salary 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 Assistant Department Head shall assign the
employee to work out of classification but shall notify the Personnel Director prior to the
assignment.
SECTION 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 break consecutiveness and cause an employee to be
ineligible to receive acting pay.
Article IX
CALL-
BACK SECTION 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:1. When employees are required to report back to work after completing a normal
work shift and have left the Citypremises and/or
work location.2. For the purpose of conducting routine weekly street light and traffic
signal luminary malfunction inventory and
repair work.3. For performing all shift extensions required by
emergency situations.4. For conducting special projects such as year-end projects and closings
in Finance 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.SECTION 2. Employees required to perform work in the following
situations, shall be paid at straight time on an hour for hour basis, with the specified
restrictions
as
1. Special events or work performed outside of normal work schedules (i.e., before 7:30
a.m. and after 6:00 p.m., Saturdays, Sundays, and holidays) for which the City is
reimbursed.
2. Special projects requiring significant shift extensions 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 commission meetings where an employee
is required to get his job completed after his normal shift.
SECTION 3, Employees with accumulated compensatory time on the books as of June
25, 1996, shall have until December 31, 1997 to either use up or cash out all unused
compensatory time at the current rate of compensation.
Article X
HOLIDAYS
SECTION 1. For all employees as described herein, the holiday procedure shall be as
follows:
A. The following shall be nine hour paid holidays excluding number 9 which
provides for a 4.5 hour paid holiday:
1) January 1
2) The third Monday in February
3) Last Monday in May
4) July4
5) First Monday in September
6) November 11 .
7) Thanksgiving Day
8) Day after Thanksgiving
9) One-half day before Christmas, if December
24 falls on a Monday through
Thursday 10) Christmas
Day 11 ) A total of 16 hours of floating
holidays Note: The 16 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 16
hours.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. However, for the term of this agreement, when any
of the above holidays falls on Friday or Saturday, except the one-
half
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
necessity leave, the employee's regularly scheduled day before and regularly scheduled
day after the holiday. Should an employee fail to work the employee's regularly
scheduled day before and after the holiday, the employee shall not be entitled to holiday
pay.
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.
The remainder of this page is left blank intentionally.
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Article XI
VACATION
SECTION 1.
A. All full time regular employees described herein, who shall have one year
continuous service shall thereafter accrue paid vacation in accordance with the
following:
1) For employees described herein in Appendix "A", the City Council shall
allow the following vacation accrual rate:
After Year( s) Vacation Hours After Year( s) Vacation Hours
of Service Per Year of Service Per Year
1 92 16 176
2 102 17 180
3 112 18 184
4 122 19 188
5 132 20 192
6 136 21 196
7 140 22 200
8 144 23 204
9 148 24 208
10 152 25 212
11 156 26 216
12 160 27 220
13 164 28 224
14 168 29 228
15 172 30 232
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
number of hours earned in the immediately preceding 24 month period not taken by the
employee shall be forfeited.
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
calendar year.
D. Employees who terminate their employment with the City prior to one year of
full-time employment shall not accrue any vacation benefits, either in
cash reimbursement or time off, and shall not be entitled to any compensation
upon
termination prior to the completion of their first year of employment with the City except
as otherwise provided by law.
E. Employees who terminate their employment with the City after one year of full-
time employment shall be paid for all accrued vacation, if any, and the prorated portion
of their unused vacation. Prorated vacation shall be on the basis of 1/12th of the
employee's annual vacation pay for each full month of service of the employee during
the employee's anniversary year of employment.
Article XII
LEAVES OF ABSENCE
SECTION 1.
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, and other leave
benefits have been completely used, a regular employee, not under suspension,
may make application for leave without pay. If the department and the City
Manager agree that such leave is merited and in the interest of the City, leave
may be granted for a period not to exceed six months, following the date of
expiration of all other leave benefits. 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.
2) At the end of such leave, if the employee desires additional leave,
written application must be made to the Personnel Director 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, in the Personnel Director's opinion,
such additional leave is merited and would still preserve the best interests of the
City, he may approve such extension of the leave of absence for a period not to
exceed an additional six months. 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.
3) An employee on leave of absence must give the City at least seven (7)
days' written notice of the employee's intent to return to work.
4) Any employee who engages in outside employment during said leave of
absence without prior notifications and approval of the Personnel Director and
department head shall be subject to termination. Any employee who falsified the
reason for the request for said leave of absence may be terminated for falsifying a
request for leave of absence or extension thereof.
5) During a leave without pay in excess of five working days, no seniority
10
shall be accumulated. 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.
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 is made through and as prescribed by the Payroll
Division of the City.
B. INDUSTRIAL LEAVE. For employees as described in Exhibit "A" herein,
industrial leave shall be granted as follows:
1) A regular employee who is temporarily or permanently disabled as a
result of injury or illness determined to be compensable under the Worker's
Compensation Act shall be granted industrial leave on the following terms and
conditions:
a) An employee granted industrial leave shall continue to be
compensated at his regular rate of pay in lieu of temporary disability
payments. For the period of March 1, 1996 through July 5, 1997, regular
rate of pay shall be based on a 36 hour work week to reflect the furlough
program.
1) Any temporary disability payments made to an employee
by the Workers' Compensation Administrator fund shall be remitted
to the City Treasurer.
b) Should it be determined that an employee's illness or injury did
not arise in the course of the employee's employment with the City and that
the employee is not temporarily or permanently incapacitated or disabled,
as a result of the injury or illness, then the employee's accrued, or if
insufficient, future sick leave shall be charged to reimburse the City for any
payments made to the employee pursuant to (1 )(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 Worker's
Compensation Act.
d) No employee shall have accrued sick leave deducted while on
industrial leave. Vacation and sick leave shall accrue for an employee on
industrial leave.
e) 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.
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3) The day before the employee is retired or separated for
disability. The employee's "retirement date" shall be determined by the
Public Employee's Retirement System.
4) After 52 weeks of industrial leave.
f) 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:
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.
C. JURY DUTY AND SERVICES AS WITNESS FOR CITY. When required to
serve on a jury, all employees shall have time off for a period of actual service required
on the jury. Employees shall receive their regular pay while serving on jury duty,
provided all jury fees paid to the individual employee, less allowed automobile expenses,
are turned over 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. 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.
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.
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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 continuous service. For the period from March
1, 1996 through July 5, 1997, for employees on the furlough program working a
36 hour work week, 8 hours of sick leave will accrue for each month of continuous
service.
2) Sick leave will be charged at the rate of one hour for each 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 authorized agent; 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
under the same roof) and any parent, substitute parent, grandparent,
parent-in-law, spouse, child brother or sister of the employee,
regardless of residence. Up to 3 days of 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 sick leave with pay for the period
of absence.d) Family Leave. An employee is allowed up to 27 hours
of family leave per calendar year for family illness which shall be
charged against the employee's accumulated
sick leave.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. 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 % hour, while additional actual
absence of over % hour shall be charged to the nearest full hour. The department
head shall be responsible for control of employee abuse of the sick
leave
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 Employee's
Retirement System, an employee shall receive no pay for the first 60 days of
accrued sick leave, but shall receive 25% pay for the first 30 days of accrued sick
leave after the first 60 days of accrued sick leave, and 50% of all accrued sick
leave thereafter.
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 credited with sick
leave with pay only up to a maximum of 520 hours. Sick leave hours in excess of
such maximum shall be forfeited.
G. ADMINISTRATIVE LEAVE. Effective December 22, 1996, all members
covered under this agreement will receive 40 hours of administrative leave for calendar
year 1997, and 40 additional hours of administrative leave at the beginning of each pay
period which includes January 1 st, for the remainder of this agreement. Employees
hired after January 1 shall receive a prorated portion of the 40 hours.
SECTION 2. FAMILY CARE AND MEDICAL LEAVE (FCML).
A. Familv 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 Leave Act of 1993 (FMLA) and the regulations of the California Fair Employment and
Housing Commission implementing the California Family Rights Act (CFRA) (Government
Code Section 12945.2). Unless otherwise provided, "Leave" under this article shall mean
leave pursuant to the FMLA and CFRA.
An employee's request for leave is subject to review and final approval of the Personnel
Director.
1. 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
k:'
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 a member is entitled
to.2. Use of Other Accrued Leaves While on Leave. If an employee requests
leave for any reason permitted under the law, he/she 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 hislher own serious
health condition, in addition to exhausting accrued leave, the employee must also
exhaust sick leave. The exhaustion of accrued leave will run concurrently with the Family
Care and Medical
Leave.3. Required Forms. Employees must fill out required forms, available in
the Personnel Department, including: Request for Family or Medical Leave;
Medical Certification; Authorization for Payroll Deductions for benefit plan coverages (
if applicable); and Fitness-for-Duty to
return from
leave.Article
XIII HEALTH BENEFITS SECTION 1. LIFE INSURANCE. The City shall contribute the full
premium toward a 23,000 life insurance policy for each employee covered
under this agreement.SECTION 2. DISABILITY INSURANCE. The City shall contribute up to 0.
96% of the employee's monthly salary to a maximum salary of $3,333 per
month toward disability insurance coverage. The maximum long term disability insurance benefit
level provided will be $2,
000 per month.SECTION 3. PART-TIME AND TEMPORARY
EMPLOYEE
ELIGIBILITY FOR FRINGE BENEFITS.A. Definitions. 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). 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).
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
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 to progress to
the next step of the
salary range.C. Temporary and seasonal employees shall be entitled to receive
no fringe benefits provided for in the Resolution or in any resolution of the City
unless otherwise provided by
Federal law.SECTION 4.
HEALTH INSURANCE.The City shall contract with PERS (Public Employees' Retirement System)
to make available those health insurance benefits provided under the Public Employees'
Medical and Hospital Care Act (PEMHCA). The PERS Health 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 4(b) 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.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)necessary to maintain benefits under any benefits plans selected by the
employee shall be bome 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 employee chooses not to be enrolled in a health plan, the employee
must provide proof, as determined by the Personnel Director, that comparable medical insurance
is in full force and effect. Based upon determination that insurance is in full force
and effect,eligible employees shall receive $407.00 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 their
rules and regulations.SECTION 5. EYEGLASS REPLACEMENT. The City will pay
for
employee's eyeglass that are lost or damaged in the course of his work. Damaged
eyeglasses will be turned into the City in order for the employee to be entitled to
reimbursement. The City will not reimburse an employee for more than one pair of lost or
damaged eyeglasses per fiscal year.
Article
XIV EDUCATIONAL
REIMBURSEMENT 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.An
approved course is one designated to directly improve the knowledge of the employee relative
to his specific job, and must be approved by the department head and the Personnel Director
prior to registration. Reimbursement will be based upon the final grade received according
to the following schedule:GRADE
REIMBURSEMENT A
B
C
DorF
100%
75%
50%
0-
Educational
reimbursement payments to an employee shall not exceed $1,000 in any one
fiscal year and he must still be employed by the City when the course in completed.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 the City Manager via the Finance
Director. Such use, where mileage is reimbursed, will be reimbursed at the rate of 0.
30 per mile.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 for out
of 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 17
amount of the cost of the commercial transportation.
A. A flat rate of $0.30 per mile shall be approved for use of personal cars when
City cars are not available.
SECTION 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 adeq!Jate 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 at actual cost.
Article XVI
RETIREMENT
SECTION 1. All employees described in this Memorandum shall participate in the Public
Employees' Retirement System. The City shall maintain its agreement to pay 100% of the
employees total contribution to the Public Employees Retirement System including survivors
benefit. The employees covered by this agreement will be provided an annual report showing
the amount of contribution so made.
SECTION 2. The present PERS benefits provides the Best of Three level of survivor's
benefit.
Article XVII
DEFERRED COMPENSATION
SECTION 1. The City agrees to continue its present deferred compensation plan. The
limit of income that can be deferred is 25% of the employees' base pay to a maximum of
7,500 per calendar year.
Article XVIII
EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES
SECTION 1. DUES DEDUCTIONS. The City shall deduct dues, on a regular basis,
18
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 30 days following their deduction. Such deductions shall be on forms
provided by and in a manner prescribed by the P~yroll Division of the City.
SECTION 2. INDEMNIFICATION. The Association agrees to hold the City harmless
and indemnify the City against claims, causes of actions, or lawsuits arising out of the
deductions or transmittal of such funds to the Association except the intentional failure of the
City to transmit, to the Association, monies deducted from the employees pursuant to this
Article.
Article XIX
CITY RIGHTS
SECTION 1. The City reserves, retains, and is vested with, solely and exclusively, all
rights of Management which have not been expressly abridged by specific provisions of this
Memorandum of Understanding or by law to manage the City, as such rights existed prior to
the execution of this Memorandum of Understanding. The sole and exclusive rights of
Management, as they are not abridged by this Agreement 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
19
determined by the City, and to establish and change work schedules and assignments.
J. To relieve employees from duties for lack of work 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 in accordance with the provisions of procedures set forth in
Departmental Disciplinary
Procedure.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 Memorandum
of Understanding.O. To determine policies, procedures, and standards for selection,
training, and promotion
of employees.P. To establish employee performance standards including, but not
limited to,quality and quantity standards; and to require
compliance therewith.Q. To maintain order and efficiency in its facilities
and operations.R. To establish and promulgate and/or modify rules and regulations
to maintain order and safety in the City which are not in contravention with
this Agreement.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
Memorandum
of Understanding.
Article XX
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
provisions of this Memorandum or of the Rules and Regulations governing personnel
practices or working conditions of the City. The grieving party must state in writing the remedy
sought to resolve the grievance.
SECTION 2. 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 the 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.
SECTION 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.
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 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 Manger, 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.
21
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.
Article XXI
NO STRIKE-NO
LOCKOUT SECTION 1. PROHIBITED CONDUCT. The Orange Management Association,
its officers, agents, representatives and/or members agree that during the term of
this Agreement, they will not cause or condone any strike, walkout, slowdown, sick-out,
or any other job action by withholding or refusing to
perform services.SECTION 2. The City agrees that it shall not lock out its employees during the
term of
this Agreement.SECTION 3. Any employee who participates in any conduct prohibited in Sections
1 and 2 above may be subject to termination by
the City.SECTION 4. In addition to any other lawful remedies or disciplinary actions
available to the City, if the Association fails, in good faith, to perform all responsibilities listed
below in Section A, Association Responsibility, the City may suspend any and all of the
rights and privileges accorded to the union under the Employee Relations Resolution
in this Memorandum of Understanding, 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
AND LEAGUE RESPONSIBILITY SECTION 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 Memorandum of Understanding and unlawful, and they should immediately cease
engaging in conduct prohibited in Section 1 above, Prohibited Conduct, and
return to work.SECTION 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 Agreement in violation
of
Section 1
above.Article XXII SOLE AND ENTIRE
MEMORANDUM
SECTION 1. It is the intent of the parties hereto that the provisions of this Memorandum
of Understanding 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 Memorandum of Understanding is not intended
to conflict with federal or state law.
Article XXIII
WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT
SECTION 1. During the term of this Memorandum of Understanding, 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 XXIV
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 Memorandum of Understanding or the Personnel Rules or Resolutions of the City, which
restrict the City's ability to respond to these emergencies, shall be suspended for the duration
of such emergency. After the emergency is declared over, this Memorandum of
Understanding will be reinstated immediately. The Association and/or League shall have the
right to meet and confer with the City regarding the impact on employees of the suspension of
the provisions in the Memorandum of Understanding during the course
of the emergency.
Article XXV
MISCELLANEOUS PROVISION~
SECTION 1. TOOLS. Employees classified as Equipment Maintenance Supervisor
shall provide such tools as are ordinarily used in the trade which shall be the personal tools of
the Equipment Maintenance Supervisor. The City will establish with a vendor an account for
said employees who have at least one year of service in such classification. Such employees
shall be allowed up to a maximum of $750.00 per year with such vendor in order to replace
and maintain the tools necessary for the performance of his job duties. The City shall bear no
liability or responsibility for such tools except as provided in this Section.
23
Article XXVI
LAYOFF PROCEDURES
When a layoff or reduction in force is necessary, the layoff procedures set forth in
Resolution No. 8176, as incorporated below, shall be used as the established layoff policy
and procedure.
SECTION 1 Puroose. 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 ScoDe. All Orange Management Association Employees. All
departments are subject to reduction in force at the direction of the City Manager.
SECTION 3 Policv. The City retains the right to abolish any position, reduce the
work force and layoff employees when it becomes necessary due to economic conditions,
organizational changes, lack of work, or because the necessity for a position no longer exists.
Whenever possible, the City will advise the union of their intent at least ten calendar days in
advance of the effective date. The City's layoff policy provides the following criteria to be
followed during a reduction in force.
SECTION 4 Procedure
A. ORDER OF REDUCTIONS IN FORCE (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
c. Extensions of probationary periods;
d. Disciplinary demotions to lower level positions;
e. Performance reviews containing significant, negative written comments
indicating improvement needed and warning of further consequences to
follow if improvement fails to occur.
One negative disciplinary action as described above decreases the employee's
seniority by one year per occurence 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 Layotr' 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 Layotr' 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. employee meets qualifications of the new position as determined by the
Personnel Director.
2. Whenever employees are to be laid off, they may demote to lower level, filled
positions within their department providing they:
25
a. formerly held or supervised the lower level position within the classification
series;
b. employee meets or can reasonably meet qualifications for the new position
as determined by the Personnel Director;
c. posses 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 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.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.
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 XXVII
RE-
OPENER
The City commits to discuss and develop a general leave bank concept upon reaching
agreement. The general leave policy, if agreed to by both parties, will be amended to this
Resolution accordingly.
Article XXVIII
SEPARABILITY PROVISION
Should any provision of this Memorandum of Understanding be found to be inoperative,
void, or invalid by a court of competent jurisdiction, all other provisions of this Memorandum of
Understanding shall remain in full force and effect for the duration of this Memorandum of
Understanding.
Article XXIX
TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding shall commence on March 1, 1996 and
shall continue in full force and effect until February 28, 1999.
Article XXX
RATIFICATION AND EXECUTION
The City and the Orange Management Association acknowledge that this Memorandum
of Understanding 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 Memorandum
of Understanding is hereby executed by the authorized representatives of the City and the
Associati and entered int this 25th day of June, 1996.
by:tV-
ORANGE MANA,GEMENT ASSOCIATION
by:
by:.
by:
by:
by:
27
EXHIBIT"AH
ORANGE MANAGEMENT ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE MARCH 1.1996 NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANGE A B C 0 E F
ASSESSMENT DIST. COORD. 456 3487 3644 3830 4025 4230 4446
SSESSMENT DIST, ENGINEER 503 4383 4606 4841 5088 5348 5620
3UILDING SERVICES SUPV. 442 3233 3398 3571 3753 3945 4146
USTODIAL SERVICES SUPV. 382 2397 2519 2648 2783 2925 3074
QUIPMENT MAINT. SUPV 464 3608 3792 3985 4189 4402 4627
FIELD MAINT. SUPERVISOR 444 3266 3432 3607 3791 3984 4188
FINANCE SUPERVISOR 446 3298 3466 3843 3829 4024 4230
LANDSCAPE COORDINATOR 440 3201 3384 3538 3716 3906 4105
LEADS PLAN EXAMINER 486 4026 4232 4448 4674 4913 5163
LEGAL SECRETARY 380 2373 2494 2621 2755 2896 3043
REAL PROPERTY REP. 491 4128 4339 4560 4793 5037 5294
RECREATION SUPERVISOR 443 3249 3415 3589 3772 3965 4167
RESOURCE CENTER SUPV. 443 3249 3415 3589 3772 3965 4167
SANITATION SUPERVISOR 456 3467 3644 3830 4025 4230 4446
SENIOR CIVIL ENGINEER 515 4653 4890 5140 5402 5677 5967
SENIOR LIBRARIAN 446 3298 3486 3843 3829 4024 4230
SENIOR PLANNER 481 3927 4128 4338 4559 4792 5038
SENIOR PROJECT PLANNER 511 4561 4794 5038 5295 5565 5849
SUPERVISOR BUILDING INSP 473 3774 3986 4168 4381 4604 4839
SURVEY PARTY CHIEF 456 3487 3644 3830 4025 4230 4446
EFFECTIVE DECEMBER 22.1996
ASSESSMENT DIST. COORD, 468 3681 3868 4086 4273 4491 4720
ASSESSMENT DIST. ENGINEER 509 4516 4746 4988 5243 5510 5791
BUILDING SERVICES SUPV. 446 3298 3486 3843 3829 4024 4230
CUSTODIAL SERVICES SUPV. 406 2702 2840 2984 3137 3296 3465
EQUIPMENT MAINT. SUPV 470 3718 3907 4107 4316 4538 4767
FIELD MAl NT. SUPERVISOR 456 3487 3644 3830 4025 4230 4446
FINANCE SUPERVISOR 456 3487 3644 3830 4025 4230 4446
LANDSCAPE COORDINATOR 444 3266 3432 3807 3791 3984 4188
LEADS PLAN EXAMINER 490 4108 4317 4537 4769 5012 5267
LEGAL SECRETARY 392 2520 2648 2783 2925 3074 3231
EAL PROPERTY REP. 501 4339 4561 4793 5038 5295 5565
ECREATION SUPERVISOR 447 3315 3484 3861 3848 4044 4251
ESOURCE CENTER SUPV. 447 3315 3484 3861 3848 4044 4251
lANITATION SUPERVISOR 486 3644 3830 4025 4231 4446 4673
SENIOR CIVIL ENGINEER 525 4691 5140 5403 5678 5968 6272
SENIOR LIBRARIAN 450 3365 3536 3717 3906 4105 4315
SENIOR PLANNER 485 4006 4211 4426 4651 4888 5138
SENIOR PROJECT PLANNER 515 4653 4890 5140 5402 5677 5967
SUPERVISOR BUILDING INSP 477 3850 4046 4252 4469 4697 4937
SURVEY PARTY CHIEF 460 3537 3717 3907 4106 4315 4535
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EFFECTIVE AUGUST 30.1998
NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANGE A B C D E F
ASSESSMENT DIST. COORD. 472 3755 3946 4148 4359 4582 4815
ASSESSMENT DIST. ENGINEER 513 4807 4842 5089 5348 5821 5908
BUILDING SERVICES SUPV. 450 3365 3536 3717 3906 4105 4315
CUSTODIAL SERVICES SUPV. 410 2758 2897 3044 3200 3363 3534
EQUIPMENT MAINT. SUPV 474 3793 3986 4189 4403 4827 4863
FIELD MAINT. SUPERVISOR 460 3537 3717 3907 4106 4315 4535
FINANCE SUPERVISOR 460 3537 3717 3907 4106 4315 4535
LANDSCAPE COORDINATOR 448 3331 3501 3680 3867 4065 4272
LEADS PLAN EXAMINER 494 4190' 4404 4629 4865 5113 5374
LEGAL SECRETARY 396 2570 2701 2839 2984 3136 3296
REAL PROPERTY REP, 505 4427 4652 4890 5139 5401 5877
RECREATION SUPERVISOR 451 3382 3554 3735 3926 4126 4336
RESOURCE CENTER SUPV. 451 3362 3554 3735 3926 4126 4336
SANITATION SUPERVISOR 470 3718 3907 4107 4316 4536 4767
SENIOR CIVIL ENGINEER 529 4990 5244 5512 5793 6088 6399
SENIOR LIBRARIAN 454 3433 3608 3792 3985 4188 4402
SENIOR PLANNER 489 4087 4296 4515 4745 4987 5241
SENIOR PROJECT PLANNER 519 4747 4989 5243 5511 5792 6087
SUPERVISOR BUILDING INSP 481 3927 4128 4338 4559 4792 5036
SURVEY PARTY CHIEF 484 3608 3792 3985 4189 4402 4627
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