RES-8690 MOU Orange Police Association effective 03-01-1996 to 11-30-1998RESOLUTION NO. 8690
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE
CITY OF ORANGE POLICE ASSOCIATION CONCERNING
WAGES, SALARIES AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT EFFECTIVE MARCH 1, 1996, THROUGH
NOVEMBER 30,1998, AND REPEALING RESOLUTION NO. 8322
AND AMENDMENTS THERETO FOR SAID EMPLOYEES.
WHEREAS, the City of Orange, hereinafter referred to as "City", and the City of
Orange Police Association, hereinafter referred to as "COPA" have met and conferred
in accordance with requirements of the Meyers-Milias-Brown
Act; and WHEREAS, City and COPA have reached agreement on wages,
salaries and other terms and conditions of employment effective March 1, 1996,
through November,30,1998, and repealed Resolution No. 8322 and amendments thereto
for said employees, as more particularly set forth in the Memorandum
of Understanding.NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Orange that the attached Memorandum of Understanding is approved
and incorporated by reference as Exhibit "A" as though fully set forth herein, and futhermore, that
staff is authorized to adjust the Fiscal Year 1996/97 budget to reflect the changes
approved in
this resolution.ADOPTEDthis...BI.h..- day of October
1996.City Clerk of the it of
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
8th day of October , 1996 by the following
vote:AYES: COUNCIL MEMBERS: MURPHY, BARRERA, COONTZ, SPURGEON,
SLATER NOES: COUNCIL MEMBERS:
NONE ENT: COUNCI MEMBERS:
NONE City Clerk of the . y of
EXHIBIT "A"
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ORANGE
AND
CITY OF ORANGE POLICE ASSOCIATION
Page i
Article No. Article Title Page No,
Recognition 1
II Non-Discrimination
1 III Salaries
2 IV Working out of Class
5 V WorkWeek
5 VI Overtime
6 VII Call Back Compensation
8 VIII Court Time
9 IX Special Assignments
and Special Pay Practice
9 X Career Development Program
and Educational Reimbursement
12 XI Uniform Allowance
13 XII Holidays
13 XIII Vacation
14 XIV Probationary Period
15 XV Other Leaves of Absence
16 XVI Part-Time Employee
Benefits 22 XVII
Insurance 22 XVIII
Retirement 24 XIX Safety and Health
Fitness 25 XX Travel Expense
Allowed 26 XXI Employee
Organizational Rights and
Article No. Article Title Page No.
XXII Layoff Procedure 27
XXIII City Rights 29
XXIV No Strike 30
XXV Grievance Procedure 31
XXVI Miscellaneous Provisions 33
XXVII Sole and Entire Memorandum
of Understanding 33
XXVIII Waiver of Bargaining During
the Term of this Agreement 34
XXIX Emergency Waiver Provision 34
XXX Separability Provision 34
XXXI Term of Memorandum of Understanding 35
XXXII Ratification and Execution 35
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ORANGE
AND
CITY OF ORANGE POLICE ASSOCIATION
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"), has recognized the City of Orange Police Association (hereinafter called
the Association" or "COPA") as the majority representative of the
Non-Management employee classifications of the Police Department as set forth in Exhibits "1"
and "2".SECTION 2. The City shall recognize the Association as the majority
representative of all employees in these classifications for the purpose of meeting its
obligations under this Agreement, the Meyers-Milias-Brown Act, Government Code
Section 3500 et seq.,and the Employer-Employee Relations Resolution
No. 3611 when City rules,regulations, or laws affecting wages, hours, and
other terms and conditions of employment
are appropriately
amended
or changed.Article II NON-DISCRIMINATION SECTION 1. The parties mutually recognize and agree
to protect the rights of all employees herein to join and/or participate
in protected Association activities or to refrain from joining or participating in
protected activities in accordance with the Employer-Employee Relations Resolution
and Government Code Section 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
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 Police Association who are now
employed or will in the future be employed in any of the designated classifications of
employment listed in this resolution and its attachments.
SECTION 2. SALARIES. Base salaries effective March 1, 1996, December 22, 1996,
December 21,1997, and August 30,1998, for employees covered by this agreement
are listed in Exhibit "1" and Exhibit "2". Base salaries effective August 30,1998, shall
be determined by the average of the CPI-W, Urban Wage Earners and Clerical
Workers Index, for Long Beach-Anaheim area, during the period from July I, 1997, to
June 30,1998, with a guaranteed minimum of a 2.5% increase up to a maximum of
a 3%increase to be applied to salaries in effect as of August
29, 1998.The salary and wage schedules attached hereto shall constitute
the basic compensation plan consisting of six (6) steps or rates of pay in
each range.The respective ranges shall be identified by number and the steps by the letters "
A" to F" inclusive. 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 the appendix hereof are monthly
compensation rates.For all employees who have a regular weekly work schedule of forty (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.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
whom the employee will serve, and with the authorization of the Personnel Director,
such employee may be placed at any Step in the range 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 thirty (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 (1) year
and placed in the same salary step in the appropriate compensation range as he was at
the time of the
termination of employment.SECTION 6. ADVANCEMENT WITHIN SCHEDULE. The
following regulations shall govern salary
advancement within ranges:A. MERIT ADVANCEMENT. An employee may be
considered for advancement through the salary range upon completion of the minimum
length of service.The effective date of such merit increase, if granted, shall be the
first day of the next pay period following the approval of
the Personnel Director.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. Such merit advancement shall
require the following:1) The Police Chief, or his designee, 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 Police Chief 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 Police Chief.3) Advancement through the pay range Step "A" through Step "
F" shall occur
in yearly increments.B. SPECIAL MERIT ADVANCEMENT. In such cases as may
occur wherein an employee shall demonstrate exceptional ability and
proficiency in the performance of his duties, the Police Chief 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
Personnel Director may, on the basis of the Police Chiefs recommendation,
approve and effect such an advancement.
C. LENGTH OF SERVICE REQUIRED WHEN ADVANCEMENT IS DENIED.
When an employee has not been approved for advancement to the next
higher step, he may be reconsidered for such advancement at any
subsequent time. This reconsideration shall follow the same steps and shall
be subject to the same action as provided in the above paragraph of this
section.
SECTION 7. REDUCTION IN SALARY STEPS. Any employee who is being paid on a
salary step higher than Step "A" may be reduced by one or more steps upon the
recommendation of the Police Chief with the approval of the Personnel Director.
Procedure for such reduction shall follow the same procedure as outlined for merit
advancements in Section 6, and such employee may be considered for re-
advancement under the same provisions as contained in subsection (C) of Section 6.
SECTION 8. PROMOTIONAL SALARY ADVANCEMENT. 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 that if such employee is already
being paid at the 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 (1), but no
more than three (3) salary steps.
SECTION 9. DEMOTION. When an employee is demoted 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 (1) step.
B. The new salary rate must be within the salary range for the classification to
which demoted.
SECTION 10. REASSIGNMENT OF COMPENSATION RANGES. Any employee who
is employed in a classification which is reassigned to a different pay range from that
previously assigned 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 (1)
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 (1) 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
4
pay until such time as the new classification 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 of the employee, the employee
shall be placed on that step of the lower compensation range which is
equivalent to the employee's existing rate of pay. If there is no equivalent
rate of pay, the employee shall be placed on the next highest step. The
employee shall retain credit for length of service previously acquired in such
step toward advancement to the next higher step.
Article IV
WORKING OUT OF CLASS
SECTION 1. The City may work employees out of classification for up to two (2)
working days within a work week without additional compensation. On the third (3rd)
working day within the work week that the employee works out of classification, he shall
be paid additional compensation at the Step A of the class to which he is assigned for
the entire pay period in which the employee worked out of classification. To qualify for
working out of class pay, the employee must be performing all the significant duties of
the higher level position and meet the minimum requirements of the higher level class.
An employee who has been required to work in a class with respect to which he does
not meet the minimum requirements may file a grievance to challenge that action and to
request equitable compensation for such work.
In no event shall the employee be paid at a step of the class in which the employee
receives less than a five percent (5%) increase in pay,
Article V
WORKWEEK
SECTION 1. The normal work week for all employees covered by this Agreement shall
be forty (40) hours per week consisting of four (4) consecutive shifts of ten (10) hours
and three (3) consecutive days off, provided that, under special circumstances, an
employee and the department may mutually agree to a different schedule.
SECTION 2. Notwithstanding the above, for all employees, the regular work schedule
shall be eighty (80) hours per two week pay period consisting of work shifts of ten (10)
hours.
5
SECTION 3. Except in the case of emergency as defined in Article VI, Section 9 an
employee shall not be scheduled to work more than twelve and one-half (
12~)consecutive hours on any occasion. Employees may voluntarily work in excess of
the twelve and one-half (12~) hours and will be
compensated appropriately.
Article
VI OVERTIME SECTION 1. PREMIUM/COMPENSATION - SWORN AND RELATED
PERSONNEL.Premium Compensation shall apply, to all classifications of sworn "safety"
police personnel covered herein, and Police Services Officers and Police Dispatchers,
when duly authorized by the Police Chief or his designee. Any other non-
sworn employee shall receive overtime compensation at the straight time rate except when
required to work beyond his regularly scheduled work shift because of an
emergency as determined by the Chief of Police or his designee, or when required by the
Fair Labor Standards Act, in which case the employee shall be entitled to
premium compensation.Additionally, if an employee is scheduled to commence a work shift within less
than ten 10) hours after the scheduled conclusion of the previously scheduled work
shift the later shift shall be compensated at the premium rate for all
hours worked.SECTION 2. DEFINITION. Overtime is defined as that authorized time
worked in excess of the regular work day and/or work week, except that work amounting
to less than thirty (30) minutes in excess of an employee's regular work day shall
not be considered overtime for any purpose. Only time actually worked shall count
in the computation of overtime, except that time off due to excused absence
for holidays,accumulated compensatory time off, vacation and sick leave shall be
counted toward the computation of overtime. Overtime shall be earned to the nearest
one-
half (~) hour increment.SECTION 3. PREMIUM COMPENSATION. Premium
Compensation shall be accumulated compensatory time off at one and one-half (1~) hours
for each one (1)
hour of overtime worked.SECTION 4. PREMIUM OVERTIME
EXEMPTIONS (STRAIGHT TIME OVERTIME)Except as provided in Section 1, no
premium compensation payor premium compensatory time off with pay shall be allowed an employee
for attendance as a trainee at any seminar, conference, convention, educational class
or such similar event;further, no premium compensation payor premium compensatory time
with pay shall be permitted for briefing, organized in-service training
or meetings,
missed meals, or weapon qualification.All duly authorized overtime compensation for attendance as
a trainee at any seminar,conference, convention, education class, organized
in-service training or meetings or such similar event shall be accumulated at the rate
of one (1) hour of compensatory time for each one (
1)
Employees required to participate in weapons qualification while off duty shall receive
one (1) hour of compensatory time for each one (1) hour of training time with a
minimum of two (2) hours overtime compensation at the straight time rate provided that
the employee must receive advance approval from an authorized representative of the
Police Department to engage in that activity.
If an employee attends one of the above listed events as a trainee within four (4) hours
before or after a regularly scheduled work shift, and such attendance, combined with
the regular hours actually worked, causes the employee to train and actually work more
than ten (10) hours, those combined hours in excess of ten (10) shall be accumulated
at the rate of one and one-half (1~) hours of compensatory time for each hour
of training overtime worked. This provision for premium training overtime
compensation shall not apply if the employee chooses a training session that qualifies for
premium training time when other training sessions are available. Premium training
overtime shall not apply to training sessions for SWAT, K-9 or the Crisis
Negotiation Team.Training hours which are performed on overtime shall entitle the employee to
time off.The employee shall not be paid for such compensatory time for
training hours performed
on overtime.SECTION 5. ACCUMULATION AND PAYMENT OF COMPENSATORY
TIME. All earned overtime compensation for employees described in this Article may
be credited to Accumulated Time Off (ATO) or converted into cash at the employee's
option, except overtime earned and accumulated for training shall only be credited to ATO
and may not be converted to cash. Payment shall be made at the pay period
following the exercise of the option. Accumulated compensatory time not taken in the
calendar year in which it was earned may be carried over to the next calendar year up to
a maximum of eighty (
80) hours.The City may elect to reduce all premium and straight Accumulated Time
Off (ATO)balances to eighty (80) hours by paying the employee cash for the excess
hours over eighty (80). Additionally the City may elect to reduce training
hours accumulated pursuant to Section 4 to eighty (80) hours by paying the employee cash for
the excess hours over
eighty (80).Employees shall be entitled to receive payment for paid overtime and
all accumulated compensatory time upon
their termination.SECTION 6. APPLICATION OF COMPENSATORY TIME.
Premium Compensation work shall not apply to the earning of employee benefits such as
retirement, holidays,vacation accrual, sick leave accrual, employee insurance benefits or
towards the completion of probationary period or to progression within a salary
rate range.SECTION 7. USAGE OF COMPENSATORY TIME. An employee who
submits a request to use accumulated compensatory time off a minimum of seven (7)
days in advance of the requested time off must be granted the leave, provided
that such request does not create an undue disruption in the City's ability to
provide
coverage as defined by Federal Law. Scheduled primary and scheduled secondary
vacation requests may not be canceled due to the application of this provision.
SECTION 8. PYRAMYDING OF OVERTIME RATES. Whenever two (2) or more
premium compensation rates or overtime rates may appear to be applicable to the
same hour or hours worked by the employees described in this Article, there shall be no
pyramiding or adding together of such premium or overtime rates, and only the higher
applicable rate shall apply.
SECTION 9. If in the event of circumstances beyond the City's control, such as Acts of
Nature, fire, flood, insurrection, riot, national emergency or other similar circumstances,
employees covered herein shall be entitled to only a straight time rate for overtime
worked under such circumstances.
SECTION 10. ASSIGNMENT OF AVAILABLE OVERTIME. Whenever possible, when
assigning overtime in patrol, preference will be given to off-duty personnel who
are interested and available for overtime assignments. The Police Chief shall determine
an acceptable process by which an employee may indicate interest and availability
for overtime
assignments,Article
VII CALL BACK
COMPENSATION SECTION 1. CALL BACK COMPENSATION. If employees are required to report
back to work after completing a normal work shift and have left the City premises and/or
work location, or when on a regular day off or any other day when they are not
regularly scheduled to work, they shall be compensated in cash or in compensatory time off
for actual hours of work with a minimum of two (2) hours call back
compensation,regardless of whether the employee works less than two (2) hours. Compensation
shall be at the premium rate of time and one-half (1-1/2) unless the
activities performed are those described in Sections 4 of Article VI, in which case compensation shall
be at the straight time rate. Entitlement to call-back compensation
shall provide that an employee who is called back shall be regarded as having
commenced actual hours of work thirty (30) minutes prior to arriving at
the designated work location.This provision shall not apply to employees who are continuing on
duty after the call back, provided that the regularly scheduled hours of work may
not be adjusted within forty-eight (48) hours prior to the time they are
scheduled to commence without
the consent of the employee.SECTION 2. PYRAMIDING. Whenever two (2)
or more premium compensation rates or overtime rates may appear to be applicable to the same hour
or hours worked by any employee, there shall be no pyramiding or adding together
of such premium or overtime rates and only the
higher
Article VIII
COURT TIME
SECTION 1. Parties agree to incorporate by reference Special Orders No. 61 and No.
88, and existing departmental policies and written procedures covering the subject of
court time except to the extent they conflict with this agreement.
SECTION 2. Employees required to appear in court while off-duty shall
receive overtime compensation for all meal and break
periods,SECTION 3. Whenever an employee has been placed on "standby" or on an "on
call"status while otherwise off duty in response to a subpoena relating to activities
arising out of the course and scope of employment, the employee shall receive
compensation therefor in cash or compensatory time off at the straight time rate for two (2)
hours irrespective of the duration of such standby or on call status. If an employee is
ordered to continue on "standby" or on "on call" status beyond 1300 hours (1 :00 p.m.) or
the employee is placed in that status after appearing in court earlier that day, the
employee shall receive an additional two (2) hours in cash or compensatory time off at the
straight time rate irrespective of the duration of such "standby" or "on call" status.
This provision shall be applicable to employees who have been placed on "stand-by"
or "on call' status for the purpose of providing telephonic testimony or providing
testimony in an official proceeding with regard to matters arising out of the course and
scope
of employment.SECTION 4. A Sworn peace officer who transfers from another
law enforcement agency into service with the City of Orange and is required to appear in
court in connection with a subpoena issued in relation to an incident arising out of
that previous employment relationship shall be allowed to appear in response to
the subpoena without loss of pay if the employee is normally scheduled to be on duty at the
time of testimony. If the employee is required to appear while off duty, the employee
shall not be entitled to any overtime compensation a result of that appearance, provided
that on a case by case basis the Police Department may adjust the work schedule
of that employee to cause that individual to be on duty at the time of the
required appearance.
Article IX SPECIAL ASSIGNMENTS AND SPECIAL
PAY PRACTICE SECTION 1. SPECIAL ASSIGNMENT GUIDELINES. Police Officers
and non-sworn employees may be assigned, from time-to-time, by the Chief
of Police in a special assignment and shall receive additional compensation,
above the employee's regular compensation during the period of such special
assignment, provided the employee is performing all the significant duties of the special
assignment. The amount of additional compensation shall be determined by the
special assignment and special pay provisions as defined in Section 2 of this
Article.
positions shall be made or revoked at the discretion of the Chief of Police. The Police
Chief will consult with the City of Orange Police Association regarding the development
of selection guidelines for special assignments, however, the decision of the Police
Chief is final in determining the selection guidelines.
A. Police Officers and non-sworn personnel assigned to positions specified
in Section 2 above shall move on a step-to-step basis
without
changing anniversary dates.B. There is no period of Probation required in a special
assignment and no permanency or seniority may be obtained in a special
assignment. An employee who has attained permanency in a classification retains that
status
during special assignments.C. Reductions in the number of special assignments which require
the removal of one or more employees from the special assignment shall
be based on department seniority, Whenever an employee is removed
from a special assignment because of a reduction in the number of available
assignments, for a two year period atter the date on which the reduction
occurred, that employee shall be entitled to fill the first vacancy within that
particular special assignment.SECTION 2. SPECIAL ASSIGNMENT
AND SPECIAL PAY A. Motor Officers and Investigators. Police Officers assigned by the Chief of
Police in a special assignment, including, but not limited to, Motor Officers
and Investigators, shall receive an additional five percent (5%) compensation above the
employee's regular compensation during the period of such special assignment, provided
the employee is performing all the significant duties of
the special assignment.B. Crime Scene Investigators. Employees assigned as
Crime Scene Investigators shall receive $100.00 per month during the period of such
assignment. Police Officers may be so assigned at the discretion of the Police Chief
or his designee.C. Training Bonus. Field Training Officers, Master Motor
Officers, Dispatchers, and Police Services Officers, including those Police Services Officers
commonly referred to as "call takers", assigned to train employees shall receive $100.00
per month, during the period of such assignment. This sum shall be paid only for
those pay periods during which the individual is specifically assigned to a trainee for any part
of
the pay period.D. Bilingual Bonus. Employees covered under this agreement may be
assigned by the Police Chief to a Bilingual Assignment. Such employees on
Bilingual Assignment shall receive an additional one hundred forty dollars ($140.00) per month,
per employee, in addition to their regular salary for the duration
of the assignment.Bilingual Assignments shall be made on
the
1) The Police Chief shall determine the number of Bilingual Assignment
positions which are necessary based upon a demonstrable need and the
frequency of use;
2) The Police Chief shall determine the languages appropriate for Bilingual
Assignment;
3) Personnel receiving Bilingual Assignment compensation must successfully
pass a proficiency test on an annual basis.
E. Canine Officers. Police Officers may be assigned from time to time by the Police
Chief as Canine Handlers who shall be responsible for maintaining, training and utilizing
a police service dog during their regular duties. Police Officers assigned as Canine
Handlers shall receive as compensation an additional five percent (5%) per month in
addition to their regular salary There is no period of probation required as a Canine
Handler and no permanency or seniority may be obtained as such a handler. Police
Officers assigned as Canine Handlers shall serve at the pleasure of the Police Chief
and may be reassigned at the sole discretion of the Chief. An employee who has
attained permanent status prior to his assignment as a canine handler shall retain that
status while assigned to the Police Service Dog Program.
F. Master Police. Master Motor. or Master Canine Officer. Police Officers may be
assigned from time to time by the Police Chief as Master Police Officers, Master Motor
Officers, or Master Canine Officers. Police Officers appointed to these special
assignments shall receive as compensation an additional seven and one-half (
71,;)percent per month in addition to their regular salary. There is no period of
probation required in the assignment and no permanency or seniority may be obtained in
such assignment. Police Officers assigned to this special assignment serve at the
pleasure of the Police Chief and may be reassigned at the sole discretion of the Police
Chief.G. Senior Officer Pay. Sworn Police Officers not assigned to a special assignment
as defined in previous Section 2 A, E, or F shall receive five (5) percent Senior Officer
pay upon completion of six (6) years of service with the Orange Police
Department.H. Shift Bonus, Effective June 26,1994 all employees who are assigned to shifts
that start between 1200 hours (12:00 p.m.) and 0600 hours (6:00 a.m.) and who are
subject to shift rotation or permanently assigned to a shift commencing within the above
time frame shall receive a two percent (2%) bonus based upon the employee's base
salary.Employees not subject to shift rotation and who are assigned shifts that start
between 0600 hours (6:00 a.m.) and 1200 hours (12:00 p.m.) are not entitled to
this compensation. The "Bicycle Detail" shall be considered a shift assignment
and employees assigned to this detail shall be eligible for the 2% shift bonus.
Shift assignments shall be made or revoked at the discretion of the Chief of
Police.
Article X
CAREER DEVELOPMENT PROGRAM AND EDUCATIONAL REIMBURSEMENT
SECTION 1, For sworn personnel hired prior to September 1, 1984, the Career
Development Program will provide additional pay according to the percentages listed
below. Said percentages are to be computed based upon the top step Police Officer
job classification, regardless of the classification of the employee eligible for such
additional pay. Sworn personnel in the Police Department shall be eligible for this
additional pay. Said pay differential and educational requirements, therefore, are as
follows:
A,
REQUIREMENTS
ADDITIONAL
COMPENSATION
POST Intermediate Certificate and
30-59 semester units
2~%B.POST Intermediate Certificate
and 60-89 semester
units 5%C.POST Advanced Certificate
and 90 semester units or
more 7~%D.POST Advanced Certificate
and a Bachelor's
degree 10%E.POST Advanced
Certificate and Master's degree in area
related to Law Enforcement or
Public Management from an accredited
university, as approved by the City
Manager.12~%SECTION 2. Sworn personnel hired on or after September 1, 1984, shall be
eligible for career development pay at the following flat dollar rates for the
following corresponding
educational
requirements:REQUIREMENTS
ADDITIONAL COMPENSATION EFFECTIVE 9/
1/84 A. POST
Intermediate Certificate and 30-59 semester
units.68.93 B.
POST Intermediate Certificate and 60-89
semester units,137.85 C.
POST Advanced Certificate and 90 semester units
or
D. POST Advanced Certificate and
a Bachelor's Degree,275.70
E. POST Advanced Certificate and a
Master's Degree in area related to Law
Enforcement or Public Management from
an accredited University as approved
by the City Manager.344.63
SECTION 3. EDUCATIONAL REIMBURSEMENT. 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 a course
that fulfills the requirements towards attainment of a degree in a job-related field,
and must be approved by the Chief of Police and the Personnel Director prior to
registration.Reimbursement will be based upon the final grade received. A final grade of "C"
or better qualifies the employee for 1 00% reimbursement up to the amount specified
in Section 4 of this
Article.SECTION 4. Educational reimbursement payments to an employee shall not
exceed six hundred dollars ($600.00) in anyone fiscal year and he must still be employed
by the City when the course is
completed.Article
XI UNIFORM
ALLOWANCE SECTION 1. The City will purchase uniforms for all regular, full-time
and part-time uniformed members of the Police Department. Qualified part-
time members are those employees scheduled in the budget to work at least twenty (20) hours
a week
on a year-round basis.SECTION 2. Safety equipment as designated by the Chief of
Police and/or required by law will
be provided by the City.SECTION 3. All uniforms and/or safety equipment purchased
by the City shall remain the property
of the
City
of Orange.
Article XII HOLIDAYS SECTION 1,A. Employees covered by this Agreement
shall receive each January 1 ninety (90) hours of holiday accrual to be taken as
time
cash, Accruals not used or converted to cash within the twelve (12)
month period between January 1 and December 31 shall be automatically
converted to cash.
B. Employees assigned to classifications covered by this Agreement after
January 1 shall receive prorated holiday accruals, one-twelfth (1/12)
of their holiday accrual for each month remaining in the twelve (12)
month period between January 1 and December
31.SECTION 2. Employees working on holidays shall receive double pay for
hours worked on the holiday, which shall consist of holiday pay plus the employee'
s regular straight time hourly pay for all hours worked, or time off equivalent to
the number of hours worked on the holiday. For the purposes of this provision
each holiday will be considered a nine (9) hour day. Employees shall receive no
other compensation for working on a
holiday.1) January
1 2) The third Monday in
February 3) Last Monday in
May 4) July
4 5) First Monday in
September 6) November
11 7) Thanksgiving
Day 8) Day after
Thanksgiving 9) Christmas
Day SECTION 3. Holiday hours shall be taken at the convenience of the City with
the approval of the Police Chief or his duly authorized
agent.SECTION 4, Employees who terminate their employment with the City prior
to completing one (1) year of full-time employment shall receive the pro-
rata portion of their holiday pay in cash reimbursement. Pro-rated holiday shall be
on the basis of one-twelfth (1/12) of the employee's annual holiday hours for
each full month of service of the employee during
the employee'
s
anniversary year.Article XIII VACATION SECTION 1. All full-time, regular employees who shall
have one (1) year's continuous service shall thereafter be
entitled
After Years of
Service
1 through 4
5 through 10
11
12
13
14
15
Vacation/Holiday
Hours
80 hours
120 hours
128 hours
136 hours
144 hours
152 hours
160 hours
After completion of fifteen (15) years of continuous employment, all full-time
regular employees described herein shall accrue an additional four (4) hours of vacation
per year up to a maximum of two hundred and twenty (220) vacation hours after thirty (
30)years continuous employment with the
City.SECTION 2. Vacation shall be taken at the convenience of the City with the
approval of the Police Chief or his duly authorized agent. Vacation hours not in excess of
hours earned in the immediately preceding twenty-four (24) month period
may be accumulated with the permission of the Police Chief and the Personnel
Director. All vacation hours in excess of the equivalent number of hours earned in
the immediately preceding twenty-four (24) month period shall not be accrued
to the employees accumulated vacation, however, the City will provide a warning to
the employee before cessation
of accrual occurs.SECTION 3. An employee may convert up to fifty (50%) percent 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 either Sections
1 or 2 above, and may so convert once in
a calendar year.SECTION 4, Employees who terminate their employment shall
receive the pro-rata portion of their vacation in cash reimbursement. Pro-rated
vacation shall be on the basis of one-twelfth (1/12) of the employee's annual vacation
pay for each full month of service of the employee
during the
employee's
anniversary year.Article XIV PROBATIONARY PERIOD SECTION 1. An employee initially appointed to
a class shall serve a probationary period during which he shall have an opportunity
to demonstrate suitability for the job.The probationary period for police officers
shall commence when appointed to the classification or when the police officer
completes the basic recruit academy, whichever is later, and shall conclude twenty-six (
26) pay periods later. The probationary period for dispatchers shall commence when appointed
to the class and shall conclude twenty-six (26) pay periods following the
completion
probation for all other employees shall conclude twenty-six (26) pay periods after
the date of appointment to the class. Under certain conditions, with the approval of
the Personnel Director and the Police Chief, the probationary period may be shortened
or
extended.SECTION 2. The employee shall attain permanent status in the class upon
successful completion of the probationary
period.SECTION 3. Any probationary employee shall be entitled to appeal termination
or demotion action in accordance with the Grievance Procedure set forth in
this Agreement but is restricted to the informal process, Article XXV, Section
4.SECTION 4. Probation Period Re-hires. Any employee who leaves
City employment and is subsequently re-hired must serve a new probationary period
as provided
under Section
1.Article XV OTHER
LEAVES OF ABSENCE SECTION 1.
LEAVE WITHOUT PAY.A. After all available leave benefits have been completely
used, a regular employee not under suspension may make application for
leave without pay.B. If, in their sole discretion, the Police Chief and 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 leave benefits. No employment benefits shall accrue
to any employee on leave of
absence without pay.C. 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 same. If in the Personnel Director's
sole discretion such additional leave is merited, and would still serve the best interests
of the City,he may approve same for a period not to exceed an additional
six (6) months.If the employee does not return to work before or at the end of
the leave of absence or any extension thereof, the employee
shall be terminated.D. An employee on leave of absence must give the City at least
seven (7) days'written notice of his intent to return to work. During a leave
without pay in excess of five (5) working days, no seniority 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
E. Any employee who engages in outside employment during said leave of
absence without permission of the Chief of Police or his duly authorized
agent may be subject to termination, Any employee who falsifies the reason
for request for said leave of absence may be terminated for falsifying a
request for leave of absence.
F. Notwithstanding Subsection (A), a regular employee not under suspension
may make application to the Police Chief or his designee for Leave Without
Pay for injury or illness not determined to be compensable under the
Workers' Compensation Act. The employee must use all available sick leave
up to a maximum of sixty (60) calendar days prior to Leave Without Pay
being granted.
G. At the convenience of the City with the approval of the Police Chief or his
duly authorized agent, an employee will have the option to use all or part of
his available sick leave, vacation and/or ATO prior to taking Leave Without
Pay for the purposes set forth in Subsection (F).
SECTION 2. PERSONAL NECESSITY LEAVE. Employees may be allowed up to one
1) working day per month without pay for personal business with approval of the Police
Chief. Employees shall accrue no employment benefits for any personal necessity
leave in excess of one (1) day per month. Such personal necessity leave shall be
without pay and shall not be accumulated from month to month. In any instance
involving use of a fraction of a day's personal necessity leave, the minimum charged to
the employee's personal necessity account shall be one full day.
SECTION 3. JURY DUTY. 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 automobile expenses allowed, are turned over to the City. If an
employee is called as a law enforcement witness, he shall receive normal pay upon the
payment of any witness fees that accrue to the employee for his witness services.
SECTION 4. MILITARY LEAVE OF ABSENCE. If an employee is required to take
military training two weeks or more each year, he shall be entitled to military leave of
absence under the provisions of State law, found in applicable sections of the Military
and Veterans' Code.
SECTION 5. SICK LEAVE. Sick leave with pay shall be allowed, credited, and
accumulated in accordance with the following:
A. For employees working a regular forty (40) hour week, eight (8) hours of sick
leave will accrue for each month of continuous service after January 1, 1953.
B. Sick leave will be charged at the rate of ten (10) hours for each day an
employee is absent.
17
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 Police Chief 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; and/or
3) Thirty (30) hours per calendar year (non-cumulative) may be used for
an absence caused by illness or injury of any employees 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,parent-in-law, spouse, child brother or sister of
the employee,
regardless of residence.4) Notwithstanding subsection (2) 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.D. Sick Leave Application. Except as provided in Section C (
3) above, 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 one-half (~) hour, while additional
actual absence of over one (1) hour shall be charged to the nearest
one-half (~) hour. The Police Chief 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. Sick Leave Payout Program. Sick Leave shall
be paid at the current rate of pay less 7% pay increase described
in Article XVIII, Section 1C for non-sworn employees or the
9% pay increase described in Article XVIII, Section 1 D for sworn employees
and be paid
off according to the following programs:1) All sick leave accrued prior to January
1, 1997 shall
fall under the following payout program:a) Accumulated sick leave
balances as of December 31, 1996 shall be set aside in a
designated sick leave account and no further accumulation will
be
accumulated sick leave will be available for the employee's use
according to the provisions outlined in subsections C 1), 2), 3)
and 4).
b) Subject to the provisions of Section 6(E), upon retiring from City
service and entering the Public Employee's Retirement System, an
employee shall receive no pay for the first four hundred and eighty
480) hours of accrued sick leave, but shall receive twenty-five
percent 25%) pay for the first two hundred and forty (240) hours of
accrued sick leave after the first four hundred and eighty (480) hours
of accrued sick leave, and fifty percent (50%) of all accrued sick
leave
thereafter.Effective March 1, 1996, payment will be based upon the employee'
s current rate of pay less the 7% pay increase described in Article
XVIII Section 1 C for non-sworn employees or the 9%
pay increase described in Article XVIII Section 1 D for
sworn employees.c) Upon the death of an employee while employed by the
City, one hundred percent (100%) of all accrued sick
leave benefits accrued prior to January 1, 1997 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.2) All sick leave accrued after December 31, 1996, shall be
placed in a new accrual bank, shall have no maximum accrual
amount, and shall be paid at the current rate of pay less the 7%
pay increase described in Article XVIII Section 1 C or the 9%
pay increase described in Article XVIII, Section 1 D; however,
any hours accumulated in excess of three hundred fifty-two (
352) hours shall not be eligible for any of the
following payout programs:a) Employees with accumulated sick leave balances
of less than three hundred fifty-two (352) hours,
combining both sick leave accounts in the calculation to
determine eligibility, shall fall under
the following payout provision:Employees who use less than thirty (30)
hours of sick leave during the current calendar year period shall
be eligible to cash out, or credit to their accumulated
vacation, sixteen (16) hours of their accumulated sick leave, Sixteen (
16) hours will be deducted from their new accumulated
sick leave bank. The employee must file a sick leave
payout designation form by September 30th of each calendar year in
order to receive the sixteen (16) hours in either
cash or vacation accumulation beginning January 1998 and
each
sick leave converted to vacation shall be subject to the
provisions described under Article XIII, Vacation, If no
designation form is filed, the hours will automatically remain in
the employee's new sick leave accumulation account.
b) Employees with accumulated sick leave balances of three
hundred fifty-two (352) hours or more, combining both
sick leave accounts in the calculation to determine eligibility,
shall fall under the following payout
provisions:A full-time employee may convert unused sick leave
from the calendar year (max. 96 hours) to cash or
accumulated vacation at a rate of fifty percent (50%) of their current
payrate. For example, an employee who uses no sick leave
during the calendar year may forfeit that ninety-six (
96) hours of accumulated sick leave in exchange for forty-
eight (48) hours of payor accumulated vacation. The employee
must file a sick leave payout designation form by
September 30th of each calendar year in order to receive
the remaining unused sick leave in either cash
or vacation accumulation beginning January, 1998 and each subsequent
January. Any sick leave converted to vacation shall be
subject to the provisions described under Article XIII, Vacation. If
no designation form is filed, the hours will automatically remain in
the employee's new
sick leave accumulation account.c) Upon separation of employment from the
City for any reason,for sick leave hours accumulated after
December 31, 1996, an employee shall receive no pay for the
first one hundred (100)hours (0 to 100 hours) of accrued sick
leave, but shall receive twenty- five percent (25%) pay for up to
the next one hundred 100) hours, (101 to 200 hours) of accrued
sick leave and fifty percent (50%) pay of any remaining accrued
sick leave up to three hundred and fifty two (352) hours, (201
to 352 hours). An employee shall receive no compensation
for any sick leave hours in excess of
the 352 hour maximum.d) Upon the death of an employee while employed
by the City, one hundred percent (100%) of all accrued sick
leave benefits up to three hundred fifty-two (352) hours
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.SECTION 6. Industrial Leave. A regular employee
who is temporarily or permanently incapacitated as a result of injury or illness determined
to
Worker's Compensation Act shall be granted industrial leave on the following terms and
conditions:
A. A sworn employee, granted industrial leave shall continue to be compensated
at his regular rate in lieu of temporary disability payments. Any temporary
disability payments made to the employee by the State Compensation
Insurance Fund shall be remitted to the City Treasurer.
B. A non-sworn employee granted industrial leave shall continue to
be compensated at his regular rate of pay during the first thirty (30)
calendar days of his injury. Following this period, the employee still on
approved industrial leave shall be compensated at eighty percent (80%) of his
regular rate of pay up to a maximum of 335 calendar days in lieu of
temporary disability
payments.C. Should it be determined that an employee's illness or injury did not arise
in the course of the employee's employment with the City or that the
employee is not temporarily or permanently incapacitated as a result of the injury
or illness, then the employee's sick leave shall be charged to reimburse the
City for any payments made to the employee pursuant to (A) and (B)
above.D. A regular employee who is temporarily or permanently incapacitated as
a result of injury or illness determined to be compensable under the Worker'
s Compensation Act shall be granted industrial leave in accordance with
Labor Code Section
4850.E. In accordance with Section 5(C)(4) above, an employee granted an
industrial disability retirement shall not be entitled to any compensation
for accumulated sick leave
hours.SECTION 7. Bereavement Leave. Regular full-time employees shall be entitled
to take three days of paid bereavement leave within one calendar year 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,I mmediate family" as defined for the purposes of this Section 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, substitute parent, parent-in-law, grand parent, aunt, uncle,
spouse, child, brother or sister of the
employee, regardless of residence.B. A maximum of three (3) days may be charged
to bereavement leave per calendar year. Subject to the approval of the Police
Chief or his designee,additional time off with pay may be taken and charged
to the employee's accumulated vacation or accumulated
compensatory
C. Bereavement leave shall not accrue and may not be carried forward into the
next calendar year if not used.
D. An employee on bereavement leave shall inform his immediate supervisor of
the fact and the reasons therefore as soon as possible. Failure to inform his
immediate supervisor within a reasonable period of time may be cause for
denial of bereavement leave with pay for the period of absence.
Article XVI
PART-TIME EMPLOYEE
BENEFITS SECTION 1. PART-TIME EMPLOYEES. Part-Time employees who
are scheduled in the budget to work on an average of at least twenty (20) hours per week
on a year-round basis will be entitled to
pro-rated
fringe
benefits.Article XVII INSURANCE SECTION 1, HEALTH INSURANCE. The City shall
contract with PERS (Public Employees Retirement System) to make available
those health insurance benefits provided under the Public Employees Medical and Hospital
Care Act (PEMHCA). The PERS Health 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 1 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 extent required
by law, each eligible retiree annuitant of PERS, an equal contribution of $
16.00 per month.B. Flexible Benefits Plan. For active full time eligible employees, the
City shall pay the following amounts per month to provide funds for optional
dental plans, vision plans,health plans, or miscellaneous pay established in the
Section
125 Flexible Benefits Plan:
1) Indemnity
Medical Plans
Employee
Only Two
Party Family
288.00
404.00 416.
00
Employee Only
Two Party
Family
268.00
341.00
351.00
This City's payment toward the Flexible Benefit Plan is in addition to the
16.00 payment in Section A.
C. Any amounts in excess of the amounts designated in Section A and B necessary to
maintain benefits under any benefits plans selected by the employee shall be borne
by the employee provided that, if premiums increase those amounts described in
section B shall increase accordingly up to a maximum of $18.00.
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 Department, 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 $121.00 per
month toward the Flexible Benefits Plan. If the employee and spouse are both
covered by this agreement, eligible employees shall receive $280.00 per month
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.E. In the event an employee covered under this memorandum is killed in the line
of duty, the City shall provide up to five (5) years of medical insurance to any
eligible dependent for the amount of the premium up to the amount specified under
the Section 1 B. Flexible Benefits Plan, listed above. Premium amounts in excess of
the City's contribution shall be borne by the eligible dependent. Once a
dependent becomes eligible for insurance coverage under another health plan, eligibility
for coverage under this section shall cease. The Police Chief and Personnel
Director shall determine whether the employee's death qualifies as "killed in the line of
duty".F. In the event an employee covered under this memorandum dies for reasons
other than the result of being killed in the line of duty, the City shall provide up to one (
1)year of medical insurance to any eligible dependent for the amount of the
premium up to the amount specified under the Section 1 B, Flexible Benefits Plan,
listed above. This benefit shall be prorated based upon the employee's years of
service:Years of Service Percent of Premium Paid by
City 0-10 years
of service 11-15
years of service 15+
years of service
50% of premium
75% of premium
100%
Premium amounts in excess of the City's contribution shall be borne by the eligible
dependent. Once a dependent becomes eligible for insurance coverage under
another health plan, eligibility for coverage under this section shall cease.
SECTION 2. A long term disability insurance plan shall be selected by the Association
and shall be open to all employees set forth in Article I Section 1. If, during the term of
this Agreement, the Association desires to change the carrier or the method of funding,
then the City shall be given sixty (60) days prior written notice of such intent.
SECTION 3. Effective November 1, 1996, the City shall contribute the full premium towards a
15,000 life insurance benefit. The City shall have the right to change life insurance carriers
and administer the life insurance benefits provided herein.
Article XVIII
RETIREMENT
SECTION 1. Employees covered by this Agreement shall participate in the Public
Employees' Retirement System (PERS). The City shall pay all required employer
contributions for (1) the 2% at age 50 retirement formula, as set forth in Section
21252.01 of the California Government Code, for all safety members of PERS (Le.,
sworn employees covered by this Agreement); and (2) the 2% at age 60 formula for all
non-sworn employees covered by this
Agreement.A. Employees shall pay the employee retirement contribution rate
through payroll deduction to the Public Employees' Retirement
System.B. The City shall implement the provisions of Section 414(h)(2) of the
Internal Revenue Code, which allow that the employee contribution to the
Public Employees' Retirement System will be treated as employer contributions
for federal and state tax purposes. The pickup shall be in accordance with
the provisions of Section 20022 (a)(6) of the California Government
Code.C. The base salary of non-sworn employees covered by
this agreement described in Exhibit "2" shall be increased by 7%, This
salary is compensation earnable" as defined in Sections 20022 (a)(6) and
20023 of the California Government Code. It shall be reported as such to
the Public Employees' Retirement System. For purposes of determining
other salary bonuses or assignment pay, payoffs of sick leave or vacation
accruals, but not overtime compensation, this 7% increase shall not be
considered, and those calculations shall be based upon the employee's base
salary reduced
by 7%.D. The base salary of sworn employees covered by this agreement
described in Exhibit "2" shall be increased by 9%. This salary is "
compensation
as defined in Sections 20022 (a)(6) and 20023 of the California Government
Code, It shall be reported as such to the Public Employees' Retirement
System. For purposes of determining other salary bonuses or assignment
pay, payoffs of sick leave or vacation accruals, but not overtime
compensation, this 9% increase shall not be considered, and those
calculations shall be based upon the employee's base salary reduced by 9%.
E. The employee will be provided with a biweekly payroll statement showing the
amount of contribution as deferred.
Article XIX
SAFETY AND HEALTH FITNESS
SECTION 1. The City and the employees of the City agree to comply with all applicable
federal and state laws which relate to health and safety.
SECTION 2. HEALTH FITNESS PROGRAM, In an effort to improve and maintain the
physical and mental well being of all sworn Police personnel, and to reduce the
frequency and intensity of work related injuries and illness, C.O.PA and the City agree
to the following:
A. Smoking
1) As a condition of employment, employees hired after September 1, 1984
shall refrain from smoking while on duty and effective March 6, 1994 new
employees shall refrain from using any tobacco products while on duty.
2) Existing employees will be encouraged but not required to become non-
smokers. Employees will be provided with information, training, and/or
other assistance as necessary to assist in such effort.
3) Designated smoking/non-smoking areas will be established in
Police Department buildings and
facilities.B. Drug and Alcohol Program C,O,P.A. agrees to support the City-
wide drug and alcohol policy for all personnel and will continue to enforce
all Orange Police department policies regarding drug and alcohol use
for
sworn personnel.C. Health Fitness The City and C.O.PA agree to develop
a mutually acceptable Health and Fitness Program for all sworn Police
personnel. The program will be designed to improve and maintain the physical
and mental well-being of all sworn police personnel and will be offered
on a voluntary basis for the first year. After the first year, the City and C.O.
PA will review and evaluate the future of the program. Upon completion of the
first
Wellness Committee will develop Health and Fitness Standards, Progressive
discipline, and incentive programs.
D. Administration The Health and Fitness Program will be administered by
Rancho Santiago College and a Wellness Committee comprised of two
representatives from the City, two representatives from C,O.P.A., two from
Police Management and one independent consultant. The purpose of the
committee will be to develop, coordinate and oversee this program.
E. Standards The City and C.O.PA agree to develop fitness and health
standards including but not limited to the following:
1) WeighUbody fat
2) Resting heart rate
3) Blood pressure
4) Exercise heart rate
5) Pulmonary function
6) Physical agility program
7) Other areas mutually agreed to
Article XX
TRAVEL EXPENSE ALLOWED
SECTION 1. The parties agree to incorporate by reference Department Order No. 85
and existing departmental policies and written procedures covering the subject of travel
expense allowance.
Article XXI
EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITY
SECTION 1. DUES DEDUCTIONS. The City shall deduct dues, on a regular 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 thirty (30) 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.
26
Article XXII
LAY-OFF
PROCEDURES SECTION 1. Purpose. The purpose of this article is to establish and communicate
the City's procedures when a lay-off or reduction in force is necessary. All
Divisions or assignments within the Department are subject to lay-offs or reductions in
force at the direction of the City Manager or the
Chief of Police,SECTION 2. Policy. The City retains the right to abolish any position,
reduce the work force and lay-off employees when it becomes necessary
due to economic conditions,organizational changes, lack of work, or because the necessity of
a position no longer exists. The following criteria shall be followed during a layoff
or reduction in
force.SECTION 3. Procedure.A. The order of layoff or reduction in force within
the Department and by classification shall be
in the following order.1) Temporary employees (
19 hours or
less)2) Probationary employees
3) Regular part-time
employees 4) Regular full-time employees B. The order of lay-offs and reductions
in force shall be based on Department seniority within the
classification as calculated by the Personnel Director.C. Whenever an employee is to be laid off,
he may transfer or demote to a vacant position in a lower
classification that he previously held within the Police Department. The employee may
also transfer or demote to a vacant
position in any other Department provided that:1) the
position is the same or lower classification;2) the position is authorized, budgeted
and
the City intends to fill the vacancy;3) the employee
meets the qualification of the new position.D. Whenever an employee is to be laid off, he
may transfer or demote to a filled position in a lower
classification
within the Police Department provided that he:1) previously held or
supervised a position in the lower classification;2) meets or can reasonably meet
the qualifications for the new
position
3) possesses greater seniority with the Police Department to displace an
employee in the lower classification;
4) requests the demotion in writing within seven days of receiving the layoff
notice;
5) Such demotions or transfers shall be from classification to classification
without regard for previously held special assignments. Employees have
no right to assume a previously held special assignment;
6) Management employees who demote or transfer to a lower classification
may not displace another employee in a special assignment unless that
employee is laid off due to the order of lay-off as established per Section
3
A.E. Employees from other Departments may not fill vacancies in the
Police Department unless all qualified Police employees have refused to accept
the vacant position. Employees from other Departments may not displace
Police
Employees.F. Employees to be laid off shall be provided written notice at least seven
days in advance of the lay-off, Notice will be hand delivered to
the employee whenever possible. If personal delivery is not possible, the notice
must be sent by certified mail to the last known address of
the employee.G. Regular employees who are laid off shall be placed on a
re-employment list for the last classification held, Names shall be placed on the
list in inverse order of seniority (last released-first re-hired). Vacancies
to be filled will be offered first to
employees on the re-hire list.Other hiring departments must
give priority consideration to those employees who appear on a re-hire list for
the same or similar classification. If eligible employees are not selected for
re-hire, the reason for
non-selection must be approved by the Personnel Director.Employees re-hired
by the Police Department must first meet all State and local
requirements for the position. Such requirements include,
but are not limited
to: POST certification, background investigation, psychological evaluation and medical clearance.Names of qualified
individuals shall remain on the re-hire list for two years.Individuals who refuse
to accept a re-hire or who do not respond within seven days to a
written notice that has been sent to their last known address shall be
removed from the re-hire list. It is the employees responsibility
to provide the Personnel Department with a current
mailing
Article XXIII
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 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 or similar
non-
disciplinary reasons.K. To establish and modify productivity and performance
programs
and
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.
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
XXIV NO
STRIKE PROHIBITED
CONDUCT SECTION 1. The Association, its officers, agents, representatives, and/or
members agree that during the term of this Agreement, they will not cause or condone
any unlawful strike, walkout, slowdown, sick-out, or any other unlawful job
action by withholding or refusing to
perform services.SECTION 2. Any employee who participates in any conduct prohibited in
Section 1 above shall be subject to termination by the City in accordance with the
procedures set forth in applicable State laws and Departmental
Disciplinary
SECTION 3. 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 1, Association Responsibility, the City may suspend any and all of the rights,
privileges, accorded to the Association under the Employer-Employee
Relations Resolution in this Memorandum of Understanding, including but not limited
to suspension of the Grievance Procedure and dues
deduction.ASSOCIATION
RESPONSIBILITY SECTION 1. 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 shall immediately instruct any persons engaging in
such conduct that their conduct is in violation of this Memorandum of Understanding
and unlawful, and they must immediately cease engaging in conduct prohibited in Section
1 above, Prohibited Conduct, and return to
work.SECTION 2. The City agrees to hold the Association harmless and indemnify
the Association against any claims, causes of actions, or lawsuits arising out of
damages related to prohibited conduct in Section 1 above, Prohibited Conduct, when
the Association, in good faith, performs its responsibilities under Section 1
above,Association
Responsibility.Article
XXV GRIEVANCE
PROCEDURE SECTION 1. DEFINITION OF GRIEVANCE. A grievance shall be defined as a
timely complaint by an employee or group of employees or the Association concerning
the interpretation or application of specific provisions of this Memorandum
of Understanding, or of the Rules and Regulations governing personnel practices
or working conditions of the
City.No employee shall suffer any reprisal because of filing or processing of a grievance
or participating in the Grievance
Procedure.SECTION 2. BUSINESS DAYS. Business days mean calendar days, exclusive
of Saturdays, Sundays, and legal holidays recognized by the
City.SECTION 3. TIME LIMIT 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 fail
to comply with any of the time limits set forth herein shall constitute a waiver and
bar further processing of the grievance. Failure of the City to comply with the time limits
set forth in this Article shall automatically move the grievance to the next level in
the Grievance Procedure. The grieving party may request the assistance of
the
Association in presenting a grievance at any level of review or may represent himself.
Grievances shall be presented on City time.
SECTION 4. INFORMAL PROCESS. An employee must first attempt to resolve the
grievance on an informal basis by discussion with his immediate supervisor without
undue delay, or in no case, more than five (5) business days from the date of the event
giving rise to the grievance.
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 Chief of Police, In order that this informal procedure may be
responsive, all parties involved shall expedite this process. When, within five (5) days of
knowledge by the immediate supervisor of the event (Le., within ten (10) business days
from the date of the event giving rise to the grievance), a mutually acceptable solution
has not been reached, the employee shall submit the grievance in writing, on a
Grievance form, to be mutually agreed to by the City and the Association, to the Chief
of Police. The grievant is to state the remedy requested to resolve the grievance. At
this point, the grievance hearing process becomes formal. Should the grievant fail to
file a written grievance within ten (10) business days (Le., 20 days from the date of the
event), as outlined under this Section (Section 4), the grievance shall be barred and
waived.
SECTION 5. FORMAL PROCESS, PERSONNEL DIRECTOR. CHIEF OF POLICE. If
the grievance is not resolved through the informal process, and a written grievance is
filed within the time limits set forth above, the grievant shall discuss the grievance with
the Personnel Director and the Chief of Police. The Personnel Director and the Chief of
Police shall render a decision and comments, in writing, regarding the merits of the
grievance and return them to the grievant within ten (10) business days after receiving
the grievance.
SECTION 6. FORMAL PROCESS. CITY MANAGER. If the grievance is not resolved
in Section 5 above, or if no answer has been received from the Personnel Director and
Chief of Police within ten (10) business days from the presentation of the written
grievance to the Personnel Director and the Chief of Police, the written grievance shall
be presented to the City Manager, or his duly authorized representative, for
determination. Failure of the grievant to take this action will constitute a waiver and bar
to the grievance, and the grievance will be considered settled on the basis of the last
Management grievance response. The City Manager, or his duly authorized
representative, shall render a final decision on the merits of the grievance and
comments, in writing, and return them to the grievant within ten (10) business days after
receiving the grievance. 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 formal process described above shall be modified to provide that in grievances filed
to challenge the imposition of discipline, the final step in the formal administrative
process shall be a decision rendered by a Hearing Officer following a full and fair
32
evidentiary hearing conducted by a Hearing Officer. 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 (7) qualified Hearing Officers. Each party shall alternatively
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.
The Hearing Officer shall determine whether good cause exists for the imposition of
discipline and, if so, the appropriate degree of discipline, provided that the Hearing
Officer may not impose more severe discipline than that assessed by the Police
Department. The decision of the hearing officer is subject to the right of either party to
seek judicial review pursuant to Section 1094.5 of the California Code of Civil
Procedure. The cost for the hearing process shall be borne equally by both parties,
Article XXVI
MISCELLANEOUS PROVISIONS
SECTION 1, PURGING OF DISCIPLINE DOCUMENTATION. An employee may
request to purge documentation of discipline older than five (5) years from the date of
the discipline from his department file. Purging will be done only upon request of the
employee. Copies of any discipline forwarded and retained in the Personnel
Department will remain in the employee's personnel file, however, if the discipline
documentation meets the five (5) years criteria, the employee may request to have the
documents placed in a sealed envelope within the personnel file.
SECTION 2. POLICE SERGEANT PROMOTIONAL PROCESS. The City will consult
with the Association on the development of guidelines for the Police Sergeant
promotional process, however, the decision of the Police Chief is final in determining
the components of the promotional process.
SECTION 3. EMPLOYEE PERFORMANCE REVIEW. The City shall modify the
employee performance appraisal form to reflect the following change. Reference to
employee's use of sick leave shall be represented in one of two ways: 1) "Employee
uses sick leave appropriately;" or 2) "See Narrative." "See Narrative" shall refer to
circumstances whereby the employee has demonstrated problems with sick leave
utilization. The narrative section will allow management representatives to remark on
problems with sick leave usage. Furthermore, the City continues to retain the right to
display on the employee's performance appraisal form the number of sick hours
utilized.
Article XXVII
SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING
SECTION 1. It is the intent of the parties hereto that the provisions of this
Memorandum of Understanding shall supersede all prior agreements and
33
memorandums of agreement, or memorandums of understanding, or contrary salary
and/or personnel resolutions or Administrative Codes, provisions of the City, oral and
written, expressed or implied, between the parties, and shall govern the entire
relationship and shall be the sole source of any and all rights which may be asserted
herein. This Memorandum of Understanding is not intended to conflict with federal or
state law.
Article XXVIII
WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT
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 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 the 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
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 XXX
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.
34
Article XXXI
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 November 30,1998.
Article XXXII
RATIFICATION AND EXECUTION
The City and the Association have reached an understanding as to certain
recommendations to be made to the City Council for the City of Orange and have
agreed that the parties hereto will jointly urge said Council to adopt a new wage and
salary resolution which will provide for the changes contained in said joint
recommendations. The City and the Association acknowledge that this Memorandum
of Understanding shall not be in full force and effect until 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 Association and
entered into this _ day of , 1996.
CITY OF ORANGE CITY OF ORANGE
POLICE ASSOCIATION:
by:by:
by:
by:
by:
by:
by:
by:
by:
by:
Approved as to form:
City Attorney
35
DESIGNATION OF CITY OF ORANGE
POLICE ASSOCIATION PERSONNEL
AND MONTHLY SALARY RANGES
Exhibit "1"
Effective March 1. 1996
After After After After After
1 Year 1 Year 1 Year 1 Year 1 Year
Class Title Range StepA StepB StepC Step 0 Step E Step F
Police Officer 442 3233 3398 3571 3753 3945 4146
Effective December 22.199613% Increase)
Police Officer 448 3331 3501 3680 3867 4065 4272
Effective December 21.1997 12.5% Increase)
Police Officer 453 3415 3590 3773 3965 4167 4380
Effective August 30.1998 (2.5% Increase")
Police Officer 458 3502 3680 3868 4065 4273 4490
This 2.5% increase is guaranteed; however, salaries may reflect an increase of up to 3.0%
based on the average of the CPI-W, Urban Wage Earners and Clerical Workers Index, for
the Long Beach-Anaheim area, during the period from July 1, 1997 to June
30,
DESIGNATION OF CITY OF ORANGE
POLICE ASSOCIATION PERSONNEL
AND MONTHLY SALARY RANGES
Exhibit "2"
Effective March 1.1996
After After After After After
1 Year 1 Year 1 Year 1 Year 1 Year
Class Title Range StepA Step B StepC Step D Step E StepF
Crime Prevention Specialist 370 2258 2373 2494 2621 2755 2895
Forensic Specialist 430 3045 3201 3364 3535 3716 3905
Parking Control Officer 351 2054 2158 2268 2384 2506 2633
Police Clerk 335 1896 1993 2094 2201 2313 2431
Police Computer Coord. 355 2095 2202 2314 2432 2556 2686
Police Dispatcher 389 2482 2609 2742 2882 3029 3183
Police Records Supervisor 448 3331 3501 3680 3867 4065 4272
Police Secretary 368 2235 2349 2469 2595 2727 2866
Police Services Officer 363 2180 2291 2408 2531 2660 2796
Property Officer 381 2385 2507 2634 2769 2910 3058
Records Shift Supervisor 375 2315 2433 2557 2687 2824 2968
Senior Police Clerk 355 2095 2202 2314 2432 2556 2686
Senior Police Dispatcher 409 2742 2882 3029 3184 3346 3517
Sr. Police Services Officer 383 2409 2532 2661 2797 2939 3089
37
Effective December 22.1996 (3% Increasel
After After After After After
1 Year 1 Year 1 Year 1 Year 1 Year
Class Title Range StepA Step B Step C StepD Step E Step F
Crime Prevention Specialist 376 2326 2445 2570 2701 2838 2983
Forensic Specialist 436 3138 3298 3466 3643 3829 4024
Parking Control Officer 357 2116 2224 2337 2456 2582 2713
Police Clerk 341 1954 2053 2158 2268 2384 2505
Police Computer Coord. 361 2159 2269 2384 2506 2634 2768
Police Dispatcher 395 2557 2688 2825 2969 3121 3280
Police Records Supervisor 454 3433 3608 3792 3985 4188 4402
Police Secretary 374 2303 2421 2544 2674 2810 2954
Police Services Officer 369 2246 2361 2481 2608 2741 2881
Property Officer 387 2457 2583 2715 2853 2998 3151
Records Shift Supervisor 381 2385 2507 2634 2769 2910 3058
Senior Police Clerk 361 2159 2269 2384 2506 2634 2768
Senior Police Dispatcher 415 2826 2970 3121 3281 3448 3624
Sr. Police Services Officer 389 2482 2609 2742 2882 3029 3183
38
Effective December 21 1997 (2.5% Increase)
After After After After After
1 Year 1 Year 1 Year 1 Year 1 Year
Class Title Range StepA Step B Step C Step 0 Step E Step F
Crime Prevention Specialist 381 2385 2507 2634 2769 2910 3058
Forensic Specialist 441 3217 3381 3554 3735 3925 4125
Parking Control Officer 362 2169 2280 2396 2519 2647 2782
Police Clerk 346 2003 2105 2212 2325 2444 2569
Police Computer Coord. 366 2213 2326 2445 2569 2700 2838
Police Dispatcher 400 2622 2756 2896 3044 3199 3362
Police Records Supervisor 459 3519 3699 3887 4086 4294 4513
Police Secretary 379 2361 2482 2608 2741 2881 3028
Police Services Officer 374 2303 2421 2544 2674 2810 2954
Property Officer 392 2520 2648 2783 2925 3074 3231
Records Shift Supervisor 386 2445 2570 2701 2839 2984 3136
Senior Police Clerk 366 2213 2326 2445 2569 2700 2838
Senior Police Dispatcher 420 2897 3045 3200 3363 3535 3715
Sr. Police Services Officer 394 2545 2675 2811 2954 3105 3263
39
Effective August 30.1998 (2.5% Increase")
After After After After After
1 Year 1 Year 1 Year 1 Year 1 Year
Class Title Range StepA Step B Step C Step D Step E Step F
Crime Prevention Specialist 386 2445 2570 2701 2839 2984 3136
Forensic Specialist 446 3298 3466 3643 3829 4024 4230
Parking Control Officer 367 2224 2338 2457 2582 2714 2852
Police Clerk 351 2054 2158 2268 2384 2506 2633
Police Computer Coord. 371 2269 2385 2506 2634 2768 2910
Police Dispatcher 405 2688 2825 2969 3121 3280 3447
Police Records Supervisor 464 3608 3792 3985 4189 4402 4627
Police Secretary 384 2421 2544 2674 2811 2954 3105
Police Services Officer 379 2361 2482 2608 2741 2881 3028
Property Officer 397 2583 2715 2853 2999 3152 3313
Records Shift Supervisor 391 2507 2635 2769 2910 3059 3215
Senior Police Clerk 371 2269 2385 2506 2634 2768 2910
Senior Police Dispatcher 425 2970 3122 3281 3448 3624 3809
Sr. Police Services Officer 399 2609 2742 2882 3029 3183 3346
This 2,5% increase is guaranteed; however, salaries may reflect an increase of up to 3.0%
based on the average of the CPI-W, Urban Wage Earners and Clerical Workers Index, for
the Long Beach-Anaheim area, during the period from July 1, 1997 to June
30,