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RES-8705 MOU Municipal Employees' Association effective 3-01-1996 to 2-28-1999RESOLUTION NO. 8705 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION RELATING TO THE WAGES, HOURS, AND OTHER CONDITIONS OF EMPLOYMENT FOR EMPLOYEES OF THE PROFESSIONAL, TECHNICAL AND CLERICAL UNIT, EFFECTIVE MARCH 1, 1996, THROUGH AND INCLUDING FEBRUARY 28, 1999 AND REPEALING RESOLUTION NO. 8650 AND AMENDMENTS THERETO FOR SAID EMPLOYEES. WHEREAS, the City of Orange, hereinafter referred to as "CITY," and the Professional, Technical and Clerical Unit, represented by Orange Municipal Employees' Association, hereinafter referred to as "ASSOCIATION", have met and conferred in accordance with requirements of the Meyers-Milias-Brown Act; and WHEREAS, City and the Association have reached an agreement on wages, salaries,and other working conditions effective March 1, 1996, through and including February 28,1999., and repealed Resolution No. 8650 and amendments thereto for said employees, as set forth in the Memorandum of Understanding.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that the agreement between the Association and the City is approved and that a Memorandum of Understanding (MOU) will be finalized and incorporated by reference as Exhibit " An, and furthermore that staff is authorized to adjust the Fiscal Year 1996-1997 budge to reflect the changes approved in this memorandum.ADOPTED this 12th day of November, 19.92.M~~~City Clerk of the~ ~~ge 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 12th dayof November,19.92 by the following vote:AYES: COUNCILMEMBERS: MURPHY, BARRERA, COONTZ, SPURGEON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: SLATER City Clerk of th EXHIBIT "A" MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ORANGE AND ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION MARCH 1, 1996 THROUGH FEBRUARY 28,1999 TABLE OF CONTENTS Article No. Title of Article Page No. Recognition 1 Non-Discrimination 1 III Salaries 1 IV Working Out of Class 6 V Probation 6 VI Promotion 7 VII Demotion 7 VIII Reassignment of Compensation Ranges 7 IX Work Week 8 X Overtime Call Back Compensation 9 XI Holidays 9 XII Vacation 11 XIII Leaves of Absence 11 XIV Insurance 17 XV Safety Equipment 18 XVI Educational Reimbursement 19 XVII Travel Expense Allowed 20 XVIII Retirement 21 XIX Employee Organizational Rights and Responsibility 21 XX City Rights 21 XXI Fringe Benefit Administration 23 XXII Safety and Health XXIII Grievance Procedure 23 XXIV No Strike - No Lockout 25 XXV Layoff Procedure 26 XXVI Miscellaneous Provisions 28 XXVII Sole and Entire Memorandum of Understanding 29 XXVIII Waiver of Bargaining During the Term of this Agreement 29 XXIX Emergency Waiver Provision 29 XXX Separability Provision 30 XXXI Term of Memorandum of Understanding 30 XXXII Ratification and Execution 30 Article I RECOGNITION SECTION 1. Pursuant to the provisions of the Employer-Employee Relations Resolution No.3611 of the City of Orange, the City of Orange (hereinafter referred to as "City"), for the purpose of meeting its obligations under the Meyers-Milias-Browan Act (Government Code Section 3500 et seq.), Employee Relations Resolution No. 3611 and this Agreement, has recognized the Orange Municipal Employees' Association (hereinafter referred to as Association") as the majority representative of the Professional, Technical and Clerical bargaining unit. Article 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 bargaining unit 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 March 1, 1996, December 22, 1996, and June 21, 1998, for employees covered by this agreement are listed in Appendix "A". The salary and wage schedules listed in Appendix "A" of this Resolution constitute the basic monthly compensation plan based on a forty hour work week. For the term of the furlough program, employees represented by this Memorandum of Understanding shall receive a prorated portion of the basic monthly compensation plan based upon hours The salary and wage schedules attached hereto shall constitute the basic compensation plan consisting of six steps or rates of pay in each range. The respective ranges shall be identified by number and the steps by the letters "A" to "F" inclusive. The minimum length of service required for advancement to the next higher step, is described in Section 6 hereof. SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN. The compensation ranges and steps contained in the salary schedules in Appendix "A" attached hereto are monthly compensation rates. For all employees who have a regular weekly work schedule of 40 hours, the hourly rate of pay shall be the monthly rate times 12 divided by 2080 annual hours. In determining the hourly rate as herein provided, compensation shall be made to the nearest one-half (Yo) cent.All part-time employees may be considered for advancement to the next higher step upon completion of hours of employment equal to the minimum number of months of service required for full-time employees. One thousand-forty (1,040) hours of part-time employment shall equal six months service.SECTION 4. BEGINNING RATES. A new employee of the City of Orange shall be paid the rate shown as Step "A" in the range allocated to the class of employment for which he has been hired, except that on the request of the department head under whom the employee will serve, and with the authorization of the Personnel Director, such employee may be placed in Step "B", "C", "0", "E", or "F" depending upon the employee's qualifications.SECTION 5. SERVICE. The word service as used in this Memorandum 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 Memorandum.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. An employee may be considered for advancement through the salary range upon completion of the minimum length of service as specified in NO.3 below. Advancement through the salary range may be granted only for continuous,meritorious. and efficient service, and continued improvement by the employee in the effective performance of the duties of his position. A merit increase shall become effective the first day of the pay period following completion of the length of service required for 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 therefore. 2) The recommendation of the department head, after approval of the Personnel Director, shall be forwarded to Finance for change of payroll status. A disapproval, together with the reasons therefore, shall be returned to the department head. 3) Advancement through the pay range Step "A" through Step "F" shall occur in yearly increments. B. The City shall implement a system of flexible staffing for certain positions in this bargaining unit. Employees in the classifications of Code Enforcement Officer I, Building Inspector, Administrative Clerk I, Engineering Technician I, Assistant Civil Engineer, Assistant Planner, Water Quality Inspector I and Librarian I are eligible for the classification of Code Enforcement Officer II, Combination Building Inspector , Administrative Clerk II, Engineering Technician II, Associate Civil Engineer, Associate Planner, Water Quality Inspector II and Librarian II respectively. To qualify for the higher level position the employee must be performing at a competent level and have gained the experience and knowledge to perform the full range of journey level tasks and fulfilling any special requirements based on the judgment of the applicable Department Head. C. Special Merit Advancement. In such cases as may occur wherein an employee shall demonstrate exceptional ability and proficiency in the performance of his duties, his department head may recommend to the City Manager that said employee be advanced to a higher pay step without regard to the minimum length of service provisions contained in this Memorandum. The City Manager 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. SECTION 7. REDUCTION IN SALARY STEPS. Any employee who is being paid on a salary step higher than Step "A" may, for disciplinary reasons, be reduced by one or more steps upon the recommendation of the head of the department in which he is employed with the approval of the City Manager. Procedure for such reduction shall follow the same procedure as outlined for merit advancement and such employee may be considered for re- advancement under the same provisions as contained in Subsection A of Section 6.SECTION 8. SHIFT DIFFERENTIAL. All regular full-time library personnel and all part-time library personnel budgeted to work 20 hours or more per week on a fiscal year who are regularly assigned on a weekly basis to a shift working after 6:00 p.m. and Saturday, shall be eligible to receive shift differential pay on the following basis: A. All eligible employees who were assigned to a shift working after 6:00 p.m. and on Saturday prior to July 15, 1990, during the term of this agreement, shall receive shift differential above their base hourly rate for all hours worked. The amount of shift differential paid shall be determined by the number of hours worked and the employee's classification during the period of shift assignment The rates per classification are as follows: Classification Librarian II Librarian I Sr. Library Assistant Library Assistant Sr. Library Clerk Library Clerk Library Page Hourly Rate Shift Differential 65 per hour 65 per hour 53 per hour 53 per hour 53 per hour 37 per hour 37 per hour All eligible employees assigned to the aforementioned shift prior to July 15, 1990 and who are subsequently removed from the shift assignment and who are then reassigned on a weekly basis to a shift working after 6:00 p.m. and on Saturday shall be compensated based on the provisions set forth in Section 8(B). All eligible employees assigned to the aforementioned shift and who remain assigned to a shift working after 6:00 p.m. and Saturday throughout the term of this agreement shall, upon expiration of the furlough program, receive shift differential based on the provisions set forth in Section 8(B). B. All eligible employees assigned to a shift working after 6:00 p.m. and on Saturday after July 15, 1990, shall receive shift differential above their base hourly rate for only hours worked after 6:00 p.m. and on Saturday. The amount of shift differential shall be determined by the number of hours worked after 6:00 p.m. and on Saturday and the employee's classification during the period of shift assignment The rates per classification are as follows: Classification Librarian II Librarian I Sr. Library Assistant Library Assistant Sr. Library Clerk Library Clerk Library Page Hourly Rate Shift Differential 65 per hour 65 per hour 53 per hour 53 per hour 53 per hour 37 per hour 37 per hour 4 In no event shall the provisions described within this section apply to any personnel who are holding over, extending, or filling in on an overtime basis their regular work shift. Whenever two or more rates may appear applicable to the same hour or hours worked by any employee, there shall be no pyramiding or adding together of such rates and only the higher applicable rate shall apply. SECTION 9. SHORTHAND SKillS ASSIGNMENT. Effective July 15,1990, new employees who are employed in the classification of Secretary and who are assigned to a position requiring shorthand skills may receive $50.00 per month shorthand bonus based on criteria established by the Personnel Director. Employees assigned to secretary positions prior to July 15, 1990 shall receive $50.00 per month shorthand bonus pay. SECTION 10. BILINGUAL PAY. Employees covered under this Agreement may be assigned by the department director to a Bilingual Assignment. Such employees on Bilingual Assignment shall receive an additional $70.00 per month, per employee in addition to their regular salary for the duration of the assignment. Bilingual Assignments shall be made on the following basis: A. The department director shall determine the number of Bilingual Assignment positions which are necessary based upon a demonstrable and frequency of use; B. All Bilingual Assignments must be approved by the Personnel Director or his or her designee; C. Employees receiving Bilingual Assignment compensation must successfully pass a proficiency test on an annual basis. SECTION 11. Performance Evaluations. The City shall maintain an employee performance rating system designed to give a fair evaluation of the quantity and quality of work performed by an employee. A. Performance evaluation reports shall be prepared and recorded in the employee's personnel file for all permanent full-time and permanent part-time employees as follows:1) For probationary employees, upon completion of a probationary period.2) For non-probationary employees, upon completion of the next step and annually thereafter.B. Prior to the performance evaluation report becoming part of the employee's personnel file, the supervisor and the employee must review C. When a performance evaluation is recorded in the employee's personnel file a copy of the evaluation shall be given to the employee. D. The performance evaluation shall be considered a confidential City record and the information shall not be disclosed except on a need-to-know basis as determined by management.E. Any disputes as to the contents of the evaluation shall first be discussed with the employee's immediate supervisor and may be appealed through the appropriate chain of command up to the Department Head whose decision will be final and binding. ARTICLE IV 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. 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 within the scope and responsibilities of the higher classification on the 121 st consecutive hour of working 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. To qualify for working out of class pay, the employee must be performing the significant duties of the higher level position and meet the minimum requirements of the higher level class.SECTION 3. The employee shall have 30 consecutive days to accumulate the 120 hours of working out of class. Absence for any reasons, (sick leave, compensatory time, vacation),except absence due to regularly scheduled holiday or a regularly scheduled day off, shall break consecutiveness and cause an employee to be ineligible to receive acting time pay, if such absence affects an employee's ability to accumulate the 120 hours of working out of class within the 30 consecutive calendar days. Article V PROBATION SECTION 1. INITIAL HIRES. An employee initially appointed to a class shall serve a probationary period during which time he shall have an opportunity to demonstrate suitability for the job. For a professional or technical employee, the probationary period shall be 26 consecutive pay periods. For a clerical employee, the probationary period shall be 13 consecutive pay periods. Under certain conditions, with approval of the City Manager, department head may extend the probationary period up to and including a maximum of 13 consecutive pay periods. The employee shall attain regular status in the class upon successful completion of the probationary period. An initially appointed probationary employee shall not be entitled to appeal termination. SECTION 2. PROMOTIONS. An employee promoted to a class shall serve a probationary period during which time he shall have an opportunity to demonstrate suitability for the job. For a professional or technical employee, the probationary period shall be 26 consecutive pay periods. For a clerical employee, the probationary period shall be 13 consecutive pay periods. Under certain conditions, with the approval of the City Manager, the department head may extend the probationary period up to and including a maximum of 13 consecutive pay periods. An employee shall attain regular status in the higher class upon successful completion of the probationary period. An employee who does not satisfy the standards of the class during the probationary period shall be notified in writing and termination or demotion procedures shall be initiated. An employee rejected or laid off during the probationary period from a position to which he has been promoted shall be returned to the classification in which he had regular status unless the reasons for his failure to complete his probationary period would be cause for dismissal. Article VI PROMOTION SECTION 1. When an employee is promoted to a position in a higher classification, he may be assigned to Step "A" in the appropriate range for the higher classification; 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 eligible in higher bands will be notified of the reasons for their non- selection.Article VII DEMOTION SECTION 1. When an employee is demoted, for disciplinary reasons to a position in a lower classification, his salary rate shall be fixed in the appropriate salary range for the lower classification in accordance with the following provisions:A. The salary rate shall be reduced by at least one step.B. The new salary rate must be within the salary range for the classification to which demoted. Article VIII REASSIGNMENT OF COMPENSATION RANGES SECTION 1. Any employee who is employed in a classification which is allocated to a different pay range shall retain the same salary in the new range as he previously had in the prior range, and shall retain credit for length of service acquired in the previously held step toward advancement to the next higher step in the new salary range; provided, however: A That if such retention shall result in the advancement of more than one step, the City Manager may, at his discretion, at the time of reassignment, place the employee in a step which will result in an increase of only one step. B. That if the reassignment shall be to a lower compensation range, the "F" step of which shall be lower than the existing rate of pay at the time of reassignment, the employee shall continue to be paid at the existing rate of pay until such time as the position shall be reassigned to a compensation schedule which will allow for further salary 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. Article IX WORKWEEK SECTION 1. The regular work week for all employees covered by this agreement shall be 40 hours per week. Except that for the duration of the furlough program, the regular work week for all budgeted, full-time employees covered by this agreement and participating in the temporary furlough program shall be 36 hours per week. The temporary furlough program will end on a date certain, within the period from July 5,1997, to September 28,1997, based upon the decision of the City with prior notification to the Association.SECTION 2. REST BREAKS. Employees are entitled to two 15 minute rest breaks, unless an emergency requires continued work, as determined by the employee's supervisor. An employee shall be permitted to take one rest break during the first half of the work shift and one rest break during the second half of the work shift. Rest breaks shall be scheduled to ensure that public counters and telephones are covered at all times during the regular working day and are designed to provide a period of relaxation and/or nutrition during each half of the working day. If a rest break is not taken, it shall not be accumulated, but shall be lost and not charged in the future to the City. Article X OVERTIME/CALL BACK COMPENSATION SECTION 1. OVERTIME (COMPENSATORY TIME). A. An employee covered by this Memorandum having an average work week of thirty- six hours or forty hours shall be entitled to compensatory time for all hours worked in excess of 40 hours within the employee's work week. Compensatory time shall be accumulated at the rate ofY:z hour of compensatory time for eachY:z hour of overtime worked.Only time actually worked shall count in the computation of overtime, except the time off due to excused absence for holidays, accumulated compensatory time off, vacation,and sick leave shall be counted toward the computation of overtime. Compensatory time shall be accumulated to the nearestY:z hour increment Where an employee works less thanY:z hour per day of overtime, the employee shall not receive compensatory time, and such time shall not count toward the computation of overtime. In order to be entitled to compensatory time, such compensatory time must be authorized by the department head or his authorized agent An employee shall not be entitled to accumulate compensatory time in excess of 80 hours during any calendar year. Any accumulated compensatory time accrued in excess of said 80 hours shall be automatically paid.B. Payment of Compensatory Time. Overtime shall be paid at the regular rate of payor equal time off, when authorized by the department head and approved by the City Manager.C. Payment Upon Termination. Employees shall be entitled to receive payment for all accumulated compensatory time upon their termination.D. Effective November 12,1996, employees may convert accumulated compensatory time to cash.SECTION 2. CALLBACK 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,they shall be compensated in cash or as compensatory time off at the straight time rate for actual hours of work with a minimum of three (3) hours call back compensation, regardless of whether the employee works less than three (3) hours. This provision shall not apply to employees who are continuing on duty. Article XI HOLIDAYS For all employees as described herein, the holiday procedure shall be as follows: SECTION 1. The following shall be paid as nine hour holidays excluding letter "I" which provides for a paid 4l;; hour holiday: A. January 1 S. The third Monday in February C. Last Monday in May D. July 4 E. First Monday in September F. November 11 G. Thanksgiving Day H. Day after Thanksgiving L One-half day before Christmas for 40 hour personnel, if December 24 falls on a Monday through Thursday.J. Christmas Day SECTION 2. FLOATING HOLIDAY. Effective January 1 of each year, employees will have credited one nine hour floating holiday during the course of this agreement which shall be taken as time off from work during the calendar year in which the floating holiday was earned.The floating holiday shall be taken at the convenience of the city with approval of the department head or his duly authorized agent. The floating holiday is not cumulative and shall be forfeited should it not be taken during the calendar year it was earned. Employees under this section who terminate their employment with the city prior to using the floating holiday shall receive cash reimbursement for said holiday.SECTION 3. In the event any of the above holidays, except one-half day before Christmas,fall on a Sunday, the following day will be taken in lieu of the actual date on which the holiday falls. When any of the above holidays fall on a Saturday, except one- half day before Christmas, the preceding Friday will be taken in lieu of the actual date on which the holiday falls. Except that, for the term of this agreement, for those employees participating in the temporary furlough program, when any of the above holidays falls on a Friday or Saturday,except one-half day before Christmas, employees will be credited with nine hours of holiday compensatory time. Accumulated holiday compensatory time must be used by the employee by the end of the calendar year in which it was credited.SECTION 4. In order to be eligible to receive holiday pay, an employee must have worked, or be deemed to have worked because of a lawful absence, the employee's regularly scheduled day before and regularly scheduled day after the holiday. Should an employee fail to work the employee's regularly scheduled day before and after the holiday, the employee shall not be entitled SECTION 5. 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. SECTION 6. The Community Services Director shall re-arrange the work schedule for that week in which the holiday falls for the Library staff to ensure that those employees have worked not more than the number of hours worked by regular City employees within a period not to exceed one year following the holiday.Article XII VACATION SECTION 1. All full-time, regular employees who work an average 40 hour work week or a 36 hour work week due to the temporary furlough program and who have one year's continuous service shall thereafter be entitled to a vacation as follows:After Year's of service 1 through 4 5 through 10 11 12 13 14 15 through 24 25 or more Vacation Hours Per Year 80 120 128 136 144 152 160 200 SECTION 2. Vacation shall be taken at the convenience of the City with the approval of the department head. Where possible, such vacation should be taken annually and not accumulated from year to year. Vacation hours not in excess of the equivalent number of hours earned in the immediately preceding 24 month period may be accumulated with the permission of the department head and the City Manager. Accrual of vacation hours shall cease if the accumulated vacation hours exceed equivalent number of hours earned in the immediately preceding 24 month period. Vacation accruals will resume once the employee's accumulated vacation balance falls below the allowable limit.SECTION 3. Effective November 12, 1996, an employee may convert up to 50% of his current annual vacation accrual into pay in lieu of time off with pay. An employee requesting such a conversion must meet the eligibility requirements as set forth in Section 1 and may so convert once in a calendar year.SECTION 4. Eligible full-time and part-time employees who terminate their employment with the City 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 one-twelfth (1/12) of the employee's annual vacation pay for each full month of service of the employee during the employee' Article XIII LEAVES OF ABSENCE SECTION 1. LEAVE OF ABSENCE WITHOUT PAY. A. After all available leave benefits, including vacation, compensatory time, and other leave benefits have been completely used, a regular employee, not under suspension, may make application for leave without pay. If the department head 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 except under FCML, Section 8. During a leave without pay in excess of five 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 seniority rights. Any request for a medical leave of absence shall include a verifiable physician's note indicating the required period of medical leave. B. At the end of such leave, if the employee desires additional leave, written application must be made to the City Manager 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 City Manager'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. C. 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. D. An employee on leave of absence must give the City at least seven days written notice of the employee's intent to return to work. E. Any employee who engages in outside employment during said leave of absence without prior notifications and approval of the City Manager 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. SECTION 2. INDUSTRIAL LEAVE. A regular employee who is temporarily or permanently disabled as a result of injury or illness determined to be compensable under the Worker's Compensation Act shall be granted industrial leave on the following terms and conditions: 12 A. An employee granted industrial leave shall continue to be compensated at his regular rate of pay during the first 30 calendar days of his injury. For employees participating in the temporary furlough program, employees shall continue to be compensated at his rate of pay based on a 36 hour work week during the first thirty calendar days of his injury. Following this period, the employee still on approved industrial leave shall be compensated at 80% of his regular rate of pay up to a maximum of 335 calendar days in lieu of temporary disability payments. For employees participating in the temporary furlough program, employees still on approved industrial leave shall be compensated at 80% of his rate of pay based on a 36 hour work week, up to a maximum of 335 calendar days in lieu of temporary disability payments. B. Should it be determined that an employee's illness or injury did not arise in the course of the employee's employment with the City and that the employee is not temporarily or permanently incapacitated or disabled, as a result of the injury or illness, then the employee's accrued, or if not sufficient, future sick leave shall be charged to reimburse the City for any payments made to the employee pursuant to Section 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. I ndustrialleave shall expire when any of the following conditions occur: 1) Employee is able to return to work to his regular position. 2) The employee is able to return to work to another position designated by the City. 3) The day before the employee is retired or separated for disability. The employee's retirement date" shall be determined by the Public 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 by the City during the first 30 days after an occupational injury or illness is reported. After the first 30 day period, an employee may change to a physician specified by him provided the physician has the expertise to treat the injury or illness and agrees to provide the timely reports to the City. However, if an employee has notified the City in writing, prior to the date of injury that he has a personal physician, the employee shall have the right to be treated by such physician from the date of injury providing that: 1) The physician has previously directed the medical treatment of the employee. 2) The physician retains the medical records and history of the employee. 13 An employee may request one change of physician during the first 30 days after the injury or illness is reported. SECTION 3. JURY DUTY AND SERVICES AS A WITNESS FOR THE 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 for up to 30 calendar days while serving on jury duty, provided all jury fees paid to the individual employee, less allowed automobile expenses, are turned over to the City. If an employee is called as a witness, on behalf of the City, he shall receive his normal pay for the time spent by the employee serving as a witness for the City. Employees shall be required to pay any witness fees that accrue to the employee for his witness service to the City as a condition of receiving his normal pay while serving as a witness for the City. SECTION 4. PERSONAL NECESSITY LEAVE. Employees as described in Appendix "A" may be allowed up to one working day per month without pay, up to a maximum of six working days per calendar year, for personal business with approval of the department head. Employees shall accrue no employment benefits for any personal necessity leave in excess of six days per calendar year. Such personal necessity leave shall be without pay. In any instance involving use of a fraction of a day's personal necessity leave, time taken shall be to the nearest hour, with a minimum charge of one hour. SECTION 5. MILITARY LEAVE OF ABSENCE. If an employee is required to take military training two weeks or more each year, he shall be entitled to military leave of absence under the provisions of State law, found in applicable sections of the Military and Veterans' Code. SECTION 6. SICK LEAVE. Sick leave with pay shall be allowed, credited, and accumulated in accordance with the following: A. For employees working a regular 40 hour week, or a 36 hour work week under the temporary furlough program, eight (8) hours of sick leave will accrue for each month of continuous service. B. Sick leave will be charged at the rate of Y, hour for each Y, hour an employee is absent C. Any employee eligible for sick leave with pay may use such leave for the following reasons: 1) Medical and dental office appointments during work hours when authorized by the department head or his authorized agent; and/or 2) Personal illness or physical incapacity resulting from causes beyond the employee's control; including pregnancy, childbirth and other medically related conditions. 3) Notwithstanding subsection C above, no employee shall be eligible or entitled to sick leave with pay for any illness or injury arising out of and in the course of City employment 14 4) Family Leave. An employee is allowed up to 27 hours per calendar year for family related illness which shall be charged against the employee's accumulated sick leave. D. Sick Leave Application. Sick leave may be applied only to absence caused by illness or injury of an employee and may not extend to absence caused by illness or injury of a member of the employee's family except as provided in C(4). In any instance involving use of a fraction of a day's sick leave, the minimum charged to the employee's sick leave account shall be l-,; hour, while additional actual absence of over l-,; hour shall be charged to the nearest full hour. The department head shall be responsible for control of employee abuse of the sick leave privilege. Employees may, upon prior notice, be required to furnish a certificate issued by a licensed physician or nurse or other satisfactory written evidence of any subsequent illness. E. Upon retiring from City service and entering the Public Employees' Retirement System, an employee shall receive no pay for the first 60 days of accrued sick leave, 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. F. Upon the death of an employee while employed by the City, 100% of all accrued sick leave benefits shall be paid to the beneficiary of the deceased employee. Payment will be made when proper authorization for payment is received from the estate of the decedent employee. G. In determining the dollar amount of sick leave payoff for sick leave accrued subsequent to July 3,1977, the rate of pay for the month in which the sick leave was accrued will be used. For sick leave accrued prior to July 3, 1977, the payroll rate as of July 3, 1977 will be used. When employees actually use sick leave for absences in accordance with Section 6 (C) above, they will be paid at their then current salary rate, regardless of whether sick leave was accrued prior to or subsequent to July 3, 1977. H. When sick leave is used in accordance with Section 6(C) above, the City will first charge the earliest accrued sick leave, then the next earliest, and so on (first-in, first- out).I. Notwithstanding any other provision herein, a 40 hour per week employee who is initially hired after July 1, 1980 shall be allowed to accumulate and be credited with sick leave with pay only up to a maximum of 520 hours. Sick leave hours in excess of such maximum shall be forfeited.J. As set forth above, sick leave may not be utilized for service connected illness or injury.A state or federally funded grant employee who is not otherwise eligible or entitled to industrial leave benefits as set forth in Section 2 above may utilize accrued sick leave during the statutory waiting period in order to supplement his workers' compensation benefits to a sum equal to the difference between his wages and worker' s compensation benefits to the extent of such sick leave accruals. SECTION 7. BEREAVEMENT LEAVE. Regular full-time employees shall be entitled to take three days bereavement leave per incident on the following terms and conditions:A. Bereavement leave may only be used upon the death or critical illness where death appears to be imminent of the employee's immediate family. "Immediate family" as used in this subsection, shall be limited to any relation by blood, marriage or adoption,who is a member of the employee's household (living at the same address) and any parent, legal guardian, parent-in-law, brother-in-law, sister-in-law grandparent,grandchild, aunt, uncle, spouse, child, brother, or sister of the employee regardless of residence.B. Days of absence due to bereavement leave shall not exceed three working days per incident and shall not be deducted from the employee's accumulated sick leave. An employee on bereavement leave shall inform his immediate supervisor of the fact and the reasons therefor as soon as possible. Failure to inform his immediate supervisor,within a reasonable period of time, may be cause for denial of bereavement leave with pay for the period of absence.SECTION 8. Family Care and Medical Leave ( FCML). State and Federal laws require the city to provide family and medical care leave for eligible employees. The following provisions set forth employees' and employer's rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the city's Administrative Manual, Personnel Section, #2.34. Any provisions not set forth in the Administrative Manual are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 ( FMLA) and the regulations of the California Fair Employment and Housing Commission 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.A. Amount of Leave. Eligible employees are entitled to a total of 12 workweeks of leave during any 12-month period. An employee' s entitlement to leave for the birth or placement of a child for adoption or foster care expires 12 months after the birth or placement.The 12-month period for calculating leave entitlement will be a "rolling period"measured backward from the date leave is taken and continues with each additional leave day taken. Thus, whenever an employee requests leave, the city will look back over the previous 12-month period to determine how much leave has been used in determining how much leave a member is entitled to.B. Use of Other Accrued Leaves While on Leave. If an employee requests leave for any reason permitted under the law, he must exhaust all accrued leaves (except sick leave)in connection with accruals. If an employee requests leave for his own serious health condition, in addition to exhausting accrued leave, the employee must also exhaust sick leave. The exhaustion of accrued leave will run concurrently with the Family Care and Medical Leave. C. 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 XIV INSURANCE SECTION 1. LIFE INSURANCE. Effective November 1,1996, the City shall pay the cost of providing $15,000 of life insurance coverage for eligible employees covered under this unit.Any contribution necessary to maintain life insurance coverage in excess of the benefit amount set forth above shall be borne solely by the employee.SECTION 2. DISABILITY INSURANCE. The City shall contribute up to 1.16% of the employee's monthly salary to a maximum salary of $3333 per month toward disability insurance coverage. The long-term disability insurance benefit level provided will be 60% of salary up to a maximum of $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 month or months per year of work.B. Entitlement to Fringe Benefits Based Upon Proration of Hours. Regular part-time employees shall receive fringe benefits in proportion to the number of hours an employee is scheduled in the budget to work to the normal 40 hour week on an annual basis. For the term of this agreement, for full-time employees participating in the temporary furlough program, the normal work week shall be defined as a 36 hour work week.The annual schedule for all part-time employees shall be on the City's position control and approved in the holiday pay, vacation, sick leave, medical insurance contribution, disability insurance contribution, life insurance contribution, and retirement contribution. C. Temporary and seasonal employees shall be entitled to receive no fringe benefits provided for in the Resolution or in any resolution of the City unless otherwise provided by Federal Law. SECTION 4. HEALTH INSURANCE. The City shall contract with Public Employees Retirement System (PERS) 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 medical insurance 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 below, the City shall contribute toward the payment of premiums under the PERS Health Benefits Plan on behalf of each eligible active employee, and to the extent required by law, each eligible retiree annuitant of PERS, an equal contribution of $16.00 per month. B. Flexible Benefits Plan. The City shall establish a Section 125 Flexible Benefits Plan for active full-time eligible employees and pay the following amounts to provide funds for optional dental plans, vision plans, health plans, or miscellaneous pay:Employee Only Two Party Family 169. 00 276. 00 371. 00 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 designated in Section 4 A and B necessary to maintain benefits under any benefits plans selected by the employee shall be borne by the employee.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 the health plan, the employee must provide proof, as determined by the Personnel Officer, that comparable medical insurance is in full force and effect. Based on determination that insurance is in full force and effect,eligible employees shall receive $121.00 toward 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 Article XV SAFETY EQUIPMENT SECTION 1. All protective clothing or protective devices required of employees in the performance of their duties shall be furnished without cost to the employees by the Employer. SECTION 2. SAFETY SHOES. Designated employees covered by this agreement are required to wear safety shoes with steel toes while on duty. An employee will receive up to 165.00 per fiscal year for safety boots allowance. Inspection of the work site will be made on a regular basis to ascertain compliance to the safety shoe program. Article XVI EDUCATIONAL REIMBURSEMENT SECTION 1. The City will reimburse employees for the cost of tuition, text books, health fees and parking fees required for approved community college and college courses. An approved course is one designated to directly improve the knowledge of the employee relative to his specific job or courses leading to an accredited degree. The request will be reviewed by the department head who shall submit all requests, along with recommendations, to the Personnel Director for approval prior to registration. Reimbursement will be based upon the final grade received. A final grade of "C" or better qualifies an employee for 100% reimbursement up to the amount specified in Section 2 of this Article. SECTION 2. Educational reimbursement payments to an employee shall not exceed $600.00 in anyone fiscal year and the individual must still be employed by the City when the course is completed. SECTION 3. EDUCATION PROGRAM FOR BUILDING INSPECTOR/COMBINATION INSPECTOR. A. All persons classified as a Building Inspector or Combination Inspector shall be eligible for this program. B. To qualify for the incentive, eligible employees shall become and remain certified by the International Conference of Building Officials (I.C.B.O.) as a Combination Dwelling Inspector in one of the following disciplines: 1) Plumbing; 2) Electrical; 3) Mechanical; 4) Plans Examiner; 5) Any other discipline approved by the Building Official that may be offered by I.C.B.O. in the future. 19 Failure to maintain certification in the required disciplines (through re-examination) shall result in such inspector no longer qualifying for the incentive.C. Building Inspectors who qualify as set forth above shall be compensated by an additional $300.00, paid quarterly.D. City shall pay I.C.B.O. fees upon passing initial and recertification examinations.SECTION 4. CERTIFICATION REIMBURSEMENT PROGRAM FOR CODE ENFORCEMENT OFFICER AND ASSISTANT OR ASSOCIATE PLANNER.A. All persons classified as a Code Enforcement Officer or Assistant or Associate Planner shall be eligible for this program.B. To qualify for the reimbursement, eligible Code Enforcement Officers shall become certified by American Association of Code Enforcement (AACE); eligible Planners shall become certified by the American Institute of Certified Planners ( AICP).C. City shall reimburse AACE and AICP testing fees, up to a maximum of $300.00, upon successful completion of the examination.Article XVII TRAVEL EXPENSE ALLOWED SECTION 1. AUTOMOBILE ALLOWANCE. Expense claims for the use of private automobiles must be submitted through the Department Head to the City Manager via the Finance Director. Such use, where mileage is reimbursed, will be reimbursed at the rate of 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 amount of the cost of the commercial transportation. A flat rate of $.30 per mile shall be approved for use of personal cars when City cars SECTION 5. AIR. RAIL. OR PUBLIC TRANSPORTATION used and expenses for local transportation, such as taxicabs and bus fare, will be allowed whenever such transportation is necessary for conduct of City business. In addition, the following expenses and charges will be allowed, whenever necessary, for the conduct of City business. A Expense will be allowed for adequate lodging. Hotel accommodations shall be appropriate to the purpose of the trip. B. Telephone and telegraph charges will be allowed for official calls and telegrams. C. Expenses for meals will be reimbursed at actual cost. Article XVIII RETIREMENT SECTION 1. All employees described in this Resolution shall participate in the Public Employees' Retirement System. The City shall maintain its present 7% contribution to Public Employees' Retirement System for the term of this agreement. The employees covered by this agreement will be provided an annual report showing the amount of contribution so made. The present PERS Survivor benefit provided to employees covered by this Agreement is the third level of survivor's benefit. Article XIX 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 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. SECTION 3. NEW HIRES. The City will provide the Association with a list of any new hires into the bargaining unit within thirty days of receipt of a request for such list by the Association. 21 SECTION 4. USE OF CITY FACILITIES. Upon prior notice and subject to availability, the City shall allow the Association to use City facilities for membership, Board of Directors, and committee meetings. SECTION 5. POSTING OF NOTICES. The Association shall be afforded the opportunity to post OMEA bulletins, updates, and notices pertaining to Association business and meetings. Article XX CITY RIGHTS 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 issues of policy. B. To determine the existence or non-existence of facts which are the basis of the Management decision.C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services.D. To determine the nature, manner, means, and technology, and extent of services to be provided to the public.E. Methods of financing.F. Types of equipment or technology to be used.G. To determine and/or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted.H. To determine and change the number of locations, relocations, and types of operations,processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City.I. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments.J. To relieve employees from duties for lack of work 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. M. To determine job classifications and to reclassify employees and to determine any new classifications to be assigned to the bargaining unit. N. To hire, transfer, promote, and demote employees for non-disciplinary reasons in accordance with this 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 XXI FRINGE BENEFIT ADMINISTRATION SECTION 1. ADMINISTRATION. The City reserves the right to select the insurance carrier or administer any fringe benefit programs that now exist or may exist in the future during the term of this Memorandum of Understanding.SECTION 2. SELECTION AND FUNDING. In the administration of the fringe benefit programs, the City shall have the right to select any insurance carrier or other method of providing coverage to fund the benefits included under the terms of this Memorandum of Understanding, provided that the benefits of the employees shall be no less than those in existence as of implementation of this agreement. SECTION 3. CHANGES. If, during the term of this Memorandum of Understanding, any change of insurance carrier or method of funding for any benefit provided hereunder occurs, the City shall notify the Association prior to any change of insurance carrier or method of funding the coverage. Article XXII SAFETY AND HEALTH The City and the employees of the City agree to comply with all applicable Federal, State and City laws, codes and policies which relate to health and safety. In addition the City and Association agree to actively pursue the continuation of safe working procedures and environments. Article XXIII GRIEVANCE PROCEDURE SECTION 1. DEFINITION. A grievance shall be defined as a timely complaint by an employee or group of employees concerning the interpretation or application of specific provisions of this Memorandum or of the Rules and Regulations governing personnel practices or working conditions of the City. SECTION 2. BUSINESS DAYS. Business days mean calendar days, exclusive of Saturdays, Sundays, and legal holidays recognized by the City. SECTION 3. TIME LIMITS FOR FILING WRITTEN FORMAL GRIEVANCES. The time limits for filing written formal grievances shall be strictly construed, but may be extended by mutual agreement evidenced, in writing, and signed by a duly authorized representative of the City and the grieving party. Failure of the grieving party to comply with any of the time limits set forth hereunder shall constitute waiver and bar further processing of the grievance. Failure of the City to comply with time limits set forth in this Section shall automatically move the grievance to the next level in the Grievance Procedure. SECTION 4. INFORMAL PROCESS. An employee must first attempt to resolve a grievance on an informal basis by discussion with his immediate supervisor without undue delay. Every effort shall be made to find an acceptable solution to the grievance by these informal means at the most immediate level of supervision. At no time may the informal process go beyond the division head concerned. In order that this informal procedure may be responsive, all parties involved shall expedite this process. In no case may more than 10 business days elapse from the date of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance and the filing of a written formal grievance with the Personnel Director of the City, with a copy to the department head in which the employee works. Should the grievant fail to file a written grievance within 10 business days from the date of the incident giving rise to the grievance, or 24 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 DIRECTOR. DEPARTMENT HEAD. If the grievance is not resolved through the informal process, and the written grievance is filed within the time limits set forth above, the grievant shall discuss the grievance with the Personnel Director and the department head within 10 business days. The Personnel Director and the department head shall render a decision and comments, in writing, regarding the merits of the grievance and return them to the grievant within 5 business days following the grievance discussion. SECTION 6. FORMAL PROCESS. CITY MANAGER. If the grievance is not resolved in 5 above, or if no answer has been received from the Personnel Director and department head within 15 business days from the presentation of the written grievance to the Personnel Director and department head, the written grievance shall be presented to the City Manager or his duly authorized representative within 10 business days, for determination. Failure of the 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. SECTION 7. FORMAL PROCESS FOR TERMINATIONS. ADVISORY HEARING OFFICER. The final step in the formal process for grievances filed to challenge the imposition of termination of a full-time non-probationary employee shall be an advisory decision rendered by a Hearing Officer following a full evidentiary hearing conducted by the Hearing Officer. A Hearing Officer must be selected within thirty calendar days of the filing of a request for a hearing by the employee. If the parties cannot agree on the identity of the Hearing Officer, the parties shall procure from the State Conciliation Service a list of seven qualified Hearing Officers. Each party shall alternately strike one name from the list until only one person remains, who shall be the Hearing Officer. The determination as to which party strikes first shall be made on a random basis. Fees for retaining the Hearing Officer and other costs related to conducting the hearing, for example employing a court reporter, shall be shared equally by the City and OMEA.The Hearing Officer shall determine whether good cause exists for the imposition of the termination and, if not, the appropriate degree of discipline. The decision of the Hearing Officer is remitted to the City Manager for final disposition. The City Manager, or his duly authorized representative, shall render a final decision on the Hearing Officer's comments and recommendation, in writing, and return them to the grievant within 10 business days after receiving the Hearing Officer' s findings.After this procedure is exhausted, the grievant, the Union and the City shall have all rights and remedies to pursue said grievance under the law. The City shall instruct its supervisors on the proper use and implementation of this grievance procedure and every reasonable effort shall be made by employee and the supervisor to resolve the grievance at the informal Article XXIV NO STRIKE - NO LOCKOUT Prohibited Conduct SECTION 1. Orange Municipal Employees' 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, sickout, or any other job action by withholding or refusing to perform services.SECTION 2. The City agrees that it shall not lock out its employees during the term of this 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 Orange Municipal Employees' Association fails, in good faith, to perform all respon-sibilities listed below in Section 5, Association Responsibility, the City may suspend any and all of the rights, privileges, accorded to Orange Municipal Employees' Association under the Employee Relations Resolution in this Memorandum of Understanding including, but not limited to, suspension of recognition of Association, grievance procedure, right of access,check- off, the use of the City's bulletin boards, and facilities. SECTION 5. Association Responsibility A. In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 1 above, Prohibited Conduct, the Association or its duly authorized representatives shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Memorandum of Understanding and unlawful, and they should immediately cease engaging in conduct prohibited in Section 1 above, Prohibited Conduct, and return to work. B. If the Association performs all of the responsibilities set forth in subsection A above, its officers, agents, and representatives shall not be liable for damages for prohibited conduct performed by employees who are covered by this Agreement in violation of subsection A above. Article XXV LAYOFF PROCEDURES SECTION 1 Purpose. The purpose of this policy is to establish and communicate the city's procedures when a layoff or reduction in force is necessary. 26 SECTION 2 Scope. All employees covered under this Memorandum of Understanding. All departments are subject to reduction in force at the direction of the City Manager. SECTION 3 Policy. The City retains the right to abolish any position, reduce the work force and layoff employees when it becomes necessary due to economic conditions, organizational changes, lack of work, or because the necessity for a position no longer exists. The city's layoff policy provides the following criteria to be followed during a reduction in force. SECTION 4 Procedure. A. ORDER OF REDUCTIONS IN FORCE (Layoff and Demotion). Within a department and by classification, the order of layoff or demotion shall be as follows: 1) Temporary employees (19 hours or less); 2) Initial probationary employees; 3) Regular part-time and full-time employees (20 to 40 hours).For purposes of this procedure, the Water Division will be considered a department. B. LAYOFFS 1) Layoffs shall be based on city-wide seniority, except, negative performance during the past 3 years will be considered to determine the order of layoff. Negative performance and disciplinary actions will be defined as the following:a. Denial of merit increases;b. Suspension without pay;c. Extensions of probationary periods;d. Disciplinary demotions to lower level positions;e. Performance reviews containing significant, negative written comments indicating improvement needed and warning of further consequences to follow if improvement fails to occur.A single negative disciplinary action as described above will not reduce the employee's seniority. However, additional disciplinary actions will reduce the employee's seniority by two years for each additional occurrence, for a possible reduction of 6 years.2) The order of layoff shall be established by the Personnel Director, including seniority and results of review of performance evaluations and prior disciplinary actions.3) The order of layoff will be the least senior employee as determined by the procedure above.4) Prior to the establishment of the final order of layoff, the Personnel Director shall furnish affected employees a copy of the "Proposed Order of Layoff." Notice will be hand delivered to employees 5) If the employee wishes to contest the application of the criteria set forth in this policy to his position on the list, he may appeal with any supporting materials to the Personnel Director. This request should be directed to the Personnel Director within seven calendar days following the establishment and distribution of a "Proposed Order of Layoff' list. The employee will be allowed representation during the appeal process. 6) After meeting with all employees wishing to be heard with respect to their position on the layoff list, the Personnel Director or his designee shall establish the "Final Order of Layoff' list. The decision of the Personnel Director shall be final and not subject to the grievance process or further appeal. C. TRANSFER OR DEMOTION IN LIEU OF LAYOFF 1) Whenever employees are to be laid off, they may transfer or demote to another vacant position in their own department or other departments providing that a. the positions are at the same or lower level; b. positions are authorized, budgeted, and the city intends to fill the vacancies; c. 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, fiII.eQ positions within their department providing they: a. formerly held or supervised the lower level position within the City of Orange and within the classification; b. employee meets or can reasonably meet qualifications for the new position as determined by the Personnel Director; c. possesses greater seniority to displace a lower level worker; d. requests in writing a demotion to the previously held or supervised position within seven calendar days of receiving the notice of layoff or voluntary demotion. A voluntary demotion shall not reflect as a negative action in the employee's personnel file. D. WRITTEN NOTICE Employees to be laid off shall be provided written notice at least seven days in advance of the layoff date. Notice will be hand delivered to the employee whenever possible. If personal delivery is not possible, the notice will be sent by certified mail to the last known address. E. RE-EMPLOYMENT LISTS 1) Regular employees in good standing who are laid off or demoted shall have their name placed on a departmental re-employment list for the last classification previously held. Names shall be placed on the list in inverse order of seniority.Last released - first re-hired). Vacancies the department desires to fill will be offered first to eligibles on the departmental re- employment list.2) Other hiring departments who have vacancies the city desires to fill will give priority consideration to those employees whose names appear on the re-employment list.If these employees are not selected for re-hire, the reason for non-selection must be approved by the Personnel Director.3) Names of qualified individuals shall remain on re-employment lists for a period not to exceed 2 years from the date of layoff. Individuals who qualify for re-hire but do not respond to written notification to the last known address on file within fourteen calendar days or who refuse two job offers shall have their names removed from the re-employment list. It is the employee's responsibility to provide the Personnel Department with a current mailing address. Once re- hired, employee names are removed from all re-employment lists.SECTION 5 Non Discrimination In Reduction In Force. Layoffs and demotions which result from a reduction in force shall be made without regard to an employee's race, color, religion,national origin, sex, age, marital status, or functional limitations as defined in the ADA and other applicable state and federal law.Article XXVI MISCELLANEOUS PROVISION SECTION 1. RIDES HARE INCENTIVE PROGRAM. An employee may receive $30.00 per month and eight hours of compensatory time every six months for carpooling, using public transportation, biking, walking, or using other approved modes of transportation to commute to the work-site. To qualify for these incentives, an employee must use one of the above-mentioned forms of transportation a minimum of 70% of his commuting time.SECTION 2. RE-OPENER. The City commits to discuss the concept of a general leave bank.The general leave policy, if agreed to by both parties, will be presented to the City Council for approval.Article XXVII SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING 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 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 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 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. 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 February 28,1999. Article XXXII RATIFICATION AND EXECUTION The City and the Orange Municipal Employees' 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 30 hereby executed by the authorized representatives of the City and the Association and entered into this _ day of , 1996. By:"t;. By:' By: By: ~/r~ #-~I--By: ( taQ...-4hQ~CITY OF ORANGE By: By: By: v By: By: Approved as to form:City Attorney 31 APPENDIX "An ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION MONTHLY SALARY RANGES EFFECTIVE MARCH 1, 1996 NEW STEP STEP STEP STEP STEP STEP Classification Title RANGE A B C D E F Accountant I 406 2702 2840 2984 3137 3296 3465 Accountant II 436 3138 3298 3466 3643 3829 4024 Administrative Clerk I 308 1657 1742 1831 1924 2022 2125 Administrative Clerk II 328 1831 1924 2023 2126 2234 2348 Assistant Civil Engineer 473 3774 3966 4168 4381 4604 4839 Assistant Engineer 473 3774 3966 4168 4381 4604 4839 Assistant Planner 439 3185 3348 3518 3698 3886 4084 Associate Civil Engineer 493 4170 4382 4606 4841 5087 5347 Associate Engineer 493 4170 4382 4606 4841 5087 5347 Associate Planner 459 3519 3699 3887 4086 4294 4513 Automotive Parts Clerk 381 2385 2507 2634 2769 2910 3058 Building Inspector 434 3107 3265 3432 3607 3791 3984 Business Services Inspector 394 2545 2675 2811 2954 3105 3263 Code Enforcement Officer I 406 2702 2840 2984 3137 3296 3465 Code Enforcement Officer II 426 2985 3137 3297 3466 3642 3828 Combination Building Inspec. 444 3266 3432 3607 3791 3984 4188 Construction Inspector I 414 2812 2955 3106 3264 3431 3606 Construction Inspector II 434 3107 3265 3432 3607 3791 3984 Engineering Technician I 394 2545 2675 2811 2954 3105 3263 Engineering Technician II 414 2812 2955 3106 3264 3431 3606 Finance Clerk 346 2003 2105 2212 2325 2444 2569 Housing Services Specialist 382 2397 2519 2648 2783 2925 3074 Librarian I 394 2545 2675 2811 2954 3105 3263 Librarian II 414 2812 2955 3106 3264 3431 3606 Library Assistant 353 2074 2180 2291 2408 2531 2660 Library Clerk 304 1624 1707 1794 1886 1982 2083 Library Page 267 1351 1420 1492 1568 1648 1732 Library System Coordinator 392 2520 2648 2783 2925 3074 3231 Planning Aide 409 2742 2882 3029 3184 3346 3517 Plans Examiner Engineer 475 3812 4006 4210 4425 4651 4888 Public Services Clerk 368 2235 2349 2469 2595 2727 2866 Purchasing Clerk 366 2213 2326 2445 2569 2700 2838 Secretary 364 2191 2303 2420 2544 2673 2810 Senior Accountant 456 3467 3644 3830 4025 4230 4446 Senior Administrative Clerk 348 2023 2126 2235 2349 2468 2594 Senior Finance Clerk 366 2213 2326 2445 2569 2700 2838 Senior Housing Serv Spec 431 3060 3217 3381 3553 3734 3925 Senior Library Assistant 373 2292 2409 2531 2661 2796 2939 Senior Library Clerk 333 1877 1973 2074 2179 2290 2407 Senior Water Quality Insp 434 3107 3265 3432 3607 3791 3984 Storekeeper 381 2385 2507 2634 2769 2910 3058 Street Division Prog Coord 369 2246 2361 2481 2608 2741 2881 Water Quality Inspector I 394 2545 2675 2811 2954 3105 3263 Water Quality Inspector II 414 2812 2955 3106 3264 3431 3606 ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION MONTHLY SALARY RANGES EFFECTIVE DECEMBER 22, 1996 NEW STEP STEP STEP STEP STEP STEP Classification Title RANGE A B C D E F Accountant I 412 2784 2926 3075 3232 3397 3570 Accountant II 442 3233 3398 3571 3753 3945 4146 Administrative Clerk I 314 1708 1795 1886 1982 2083 2190 Administrative Clerk II 334 1887 1983 2084 2190 2302 2419 Assistant Civil Engineer 479 3888 4087 4295 4514 4744 4986 Assistant Engineer 479 3888 4087 4295 4514 4744 4986 Assistant Planner 445 3282 3449 3625 3810 4004 4209 Associate Civil Engineer 499 4296 4515 4746 4988 5242 5509 Associate Engineer 499 4296 4515 4746 4988 5242 5509 Associate Planner 465 3626 3811 4005 4210 4424 4650 Automotive Parts Clerk 387 2457 2583 2715 2853 2998 3151 Building Inspector 440 3201 3364 3536 3716 3906 4105 Business Services Inspector 400 2622 2756 2896 3044 3199 3362 Code Enforcement Officer I 412 2784 2926 3075 3232 3397 3570 Code Enforcement Officer II 432 3076 3233 3398 3571 3753 3944 Combination Building Inspec. 450 3365 3536 3717 3906 4105 4315 Construction Inspector I 420 2897 3045 3200 3363 3535 3715 Construction Inspector II 440 3201 3364 3536 3716 3906 4105 Engineering Technician I 400 2622 2756 2896 3044 3199 3362 Engineering Technician II 420 2897 3045 3200 3363 3535 3715 Finance Clerk 352 2064 2169 2280 2396 2518 2647 Housing Services Specialist 388 2470 2596 2728 2867 3013 3167 Librarian I 400 2622 2756 2896 3044 3199 3362 Librarian II 420 2897 3045 3200 3363 3535 3715 Library Assistant 359 2137 2246 2361 2481 2608 2741 Library Clerk 310 1674 1759 1849 1943 2042 2146 Library Page 273 1392 1463 1537 1616 1698 1785 Library System Coordinator 398 2596 2728 2868 3014 3168 3329 Planning Aide 415 2826 2970 3121 3281 3448 3624 Plans Examiner Engineer 481 3927 4128 4338 4559 4792 5036 Public Services Clerk 374 2303 2421 2544 2674 2810 2954 Purchasing Clerk 372 2280 2397 2519 2647 2782 2924 Secretary 372 2280 2397 2519 2647 2782 2924 Senior Accountant 462 3572 3754 3946 4147 4359 4581 Senior Administrative Clerk 354 2085 2191 2303 2420 2543 2673 Senior Finance Clerk 372 2280 2397 2519 2647 2782 2924 Senior Housing Serv Spec 437 3153 3314 3483 3661 3848 4044 Senior Library Assistant 379 2361 2482 2608 2741 2881 3028 Senior Library Clerk 339 1934 2033 2137 2246 2360 2480 Senior Water Quality Insp 440 3201 3364 3536 3716 3906 4105 Storekeeper 387 2457 2583 2715 2853 2998 3151 Street Division Prog Coord 375 2315 2433 2557 2687 2824 2968 Water Quality Inspector I 400 2622 2756 2896 3044 3199 3362 Water Quality Inspector II 420 2897 3045 3200 3363 3535 3715 2 ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION MONTHLY SALARY RANGES EFFECTIVE JUNE 21,1998 NEW STEP STEP STEP STEP STEP STEP Classification Title RANGE A B C D E F Accountant I 418 2868 3015 3168 3330 3500 3678 Accountant II 448 3331 3501 3680 3867 4065 4272 Administrative Clerk I 323 1786 1877 1973 2073 2179 2290 Administrative Clerk II 343 1973 2074 2180 2291 2408 2530 Assistant Civil Engineer 487 4047 4253 4470 4698 4937 5189 Assistant Engineer 487 4047 4253 4470 4698 4937 5189 Assistant Planner 445 3282 3449 3625 3810 4004 4209 Associate Civil Engineer 507 4471 4699 4939 5191 5455 5734 Associate Engineer 507 4471 4699 4939 5191 5455 5734 Associate Planner 465 3626 3811 4005 4210 4424 4650 Automotive Parts Clerk 387 2457 2583 2715 2853 2998 3151 Building Inspector 440 3201 3364 3536 3716 3906 4105 Business Services Inspector 400 2622 2756 2896 3044 3199 3362 Code Enforcement Officer I 412 2784 2926 3075 3232 3397 3570 Code Enforcement Officer II 432 3076 3233 3398 3571 3753 3944 Combination Building Inspec. 450 3365 3536 3717 3906 4105 4315 Construction Inspector I 420 2897 3045 3200 3363 3535 3715 Construction Inspector II 440 3201 3364 3536 3716 3906 4105 Engineering Technician I 400 2622 2756 2896 3044 3199 3362 Engineering Technician II 420 2897 3045 3200 3363 3535 3715 Finance Clerk 360 2148 2257 2373 2494 2621 2754 Housing Services Specialist 388 2470 2596 2728 2867 3013 3167 Librarian I 408 2729 2868 3014 3168 3330 3499 Librarian II 428 3015 3169 3330 3500 3679 3866 Library Assistant 367 2224 2338 2457 2582 2714 2852 Library Clerk 318 1742 1831 1924 2022 2125 2234 Library Page 273 1392 1463 1537 1616 1698 1785 Library System Coordinator 398 2596 2728 2868 3014 3168 3329 Planning Aide 415 2826 2970 3121 3281 3448 3624 Plans Examiner Engineer 487 4047 4253 4470 4698 4937 5189 Public Services Clerk 380 2373 2494 2621 2755 2896 3043 Purchasing Clerk 380 2373 2494 2621 2755 2896 3043 Secretary 381 2385 2507 2634 2769 2910 3058 Senior Accountant 468 3681 3868 4066 4273 4491 4720 Senior Administrative Clerk 363 2180 2291 2408 2531 2660 2796 Senior Finance Clerk 380 2373 2494 2621 2755 2896 3043 Senior Housing Serv Spec 437 3153 3314 3483 3661 3848 4044 Senior Library Assistant 379 2361 2482 2608 2741 2881 3028 Senior Library Clerk 347 2013 2116 2224 2337 2456 2581 Senior Water Quality Insp 448 3331 3501 3680 3867 4065 4272 Storekeeper 387 2457 2583 2715 2853 2998 3151 Street Division Prog Coord 375 2315 2433 2557 2687 2824 2968 Water Quality Inspector I 400 2622 2756 2896 3044 3199 3362 Water Quality Inspector II 428 3015 3169 3330 3500 3679 3866 3