RES-8720 MOU Orange Police Association effective 3-01-1996 to 11-30-1998RESOLUTION NO. 8720
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE REPEALING RESOLUTION NO. 8690, AND 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.
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through November,30, 1998, and have repealed Resolution No. 8690 thereto for said employees,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.ADOPTED this 10th day of
December ,
1996.C.' ,/Mayor of the
City
of
ATTEST:
iQ~~
i /J 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 10th day of December , 1996 by the
following vote:AYES: COUNCIL MEMBERS: MURPHY, SLATER, COONTZ,
SPURGEON, ALVAREZ NOES: COUNCIL
MEMBERS: NONE ABSENT: COUNCIL
MEMBERS: NONE City Clerk of the . y
EXHIBIT "A"
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ORANGE
AND
CITY OF ORANGE POLICE ASSOCIATION
Article No. Article Title Paoe 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
14 XIII Vacation
15 XIV Probationary Period
16 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 Pace No.
XXII Layoff Procedure 26
XXIII City Rights 28
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 34
XXXII Ratification and Execution 35
Exhibit 1 Police Officer Salary Ranges 36
Exhibit 2 Non-Sworn Personnel Salary Ranges
37
MEMORANDUM OF UNDERSTANDING
BETWEEN
r-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 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
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".
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 head
under 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 o to mean continuous, full-time service in his present classification, service in
a
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 Resolution.The 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
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
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
4
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 regular 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.
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
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 ten (10) or
fewer 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
payor 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-half (~) hour of compensatory time for each one-
half (~) hour of training overtime worked.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
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, except upon separation
of employment.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 proper 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
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.
o 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.This Article shall apply when an employee has been required
to appear
in court while off duty.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, howeyer, 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 after 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 Investiaators. 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 Investiaators. Employees assigned as
Crime Scene Investigators shall receive $100.00 per month during the period of
such assignment. Employees may be so assigned at the discretion of the Police Chief
or his designee.C. Trainina 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. Bilinaual 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.o 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 (
7~)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. 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 regardless of the time the shift begins.
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. 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:ADDITIONALCOMPENSATION EFFECTIVE 9/1/
84 REQUIREMENTS 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
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 off or converted to
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 designated below 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 ten (10) hour day.
Employees shall receive no other compensation for working on a holiday, except that
an employee who works hours in excess of the regular scheduled work shift on
a designated holiday shall receive premium
compensation.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
Article XIII
VACATION
SECTION 1. All full-time, regular employees who shall have one (1) year's
continuous service shall thereafter be entitled to a vacation as
follows: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
o 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
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 of the initial
dispatcher training.The 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 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,
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 opinion 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
seniority rights.
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 ernf'loyee for his witness services.
17
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.
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; andlor
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
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
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 1 C
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 placed in this bank. This
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 two hundred twenty eight
228) hours of accrued sick leave, but shall receive ten percent (10%)
pay for the next two hundred and fifty two (252) hours after the first
two hundred twenty eight (228) hours of accrued sick leave, and thirty
five percent (35%) 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
a) Employees with accumulated sick leave balances of less than
three hundred fifty-two (352) hours, combining both sick
leave accounts described in subparagraphs 1) and 2) of Section "
EO of this Article in the calculation to determine eligibility, shall
fall under the following payout
provision:Employees who use less 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 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.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
percent (50%) pay of any remaining accrued sick leave up to
one hundred fifty-two (152)
hours.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 be compensable
under the 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 bereavement leave within one calendar year on
the
following
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 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 time
off account.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 BENEFIT&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
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
2) HMO Plans
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 an additional $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 make the premium contributions specified in Section 1 B
Flexible Benefits Plan listed above for up to five (5) years to any eligible
dependent.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 make the premium
contributions specified in Section 1 B, Flexible Benefits Plan, listed above for up to
one (1) year to any eligible dependent. This benefit shall be prorated based upon
the employee's years of service:
Percent of Premium
Contribution Paid bv CityYearsofService
0-10 years of
service 11-15 years
of service 15+ years
of service 50%
of premium 75%
of premium 100%
of premium 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 21362 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
Employees' Retirement System will be treated as employer contributions for
federal and state tax purposes.
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 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 "1" shall be increased by 9%. This salary is "compensation
earnable"as defined in Sections 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.P.A. 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. Drua and Alcohol Proaram 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
swom personnel.
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.
Article XXII
LAY-OFF PROCEDURES SECTION 1. Puroose. 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
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 as determined by
the Personnel Director;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
employee is laid off due to the order of lay-off as established per
Section
3A.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 sevendaysinadvanceofthelay-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 address.
Once re-
hired, the employee will be removed from all re-hire lists.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
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 standards.L. To discharge, suspend, demote, or otherwise discipline employees
for proper cause in accordance with the provisions of procedures set
forth in Departmental
Disciplinary Procedure.M. To determine job classifications and to
reclassify employees.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
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
PROHIBITED CONDUCT
NO STRIKE
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
Manual.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
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
knowingly 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.
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)
business days, a mutually acceptable solution has not been reached at the informal
level, the employee shall submit the grievance in writing, on a Grievance form, to be
31
mutually agreed to by the City and the Association, to the Chief of Police. The grievantistostatetheremedyrequestedtoresolvethegrievance. At this point, the grievance
hearing process becomes formal. Should the grievant fail to file a written grievance
within ten (10) business days, 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 receivingthegrievance.
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.
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 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 HearingOfficermaynotimposemoreseveredisciplinethanthatassessedbythePolice
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.
32
Article XXVI
MISCELLANEOUS PROVISIONS
SECTION 1. PURGING OF DISCIPLINE DOCUMEI\ITATION. An employee may
request to purge documentation of discipline older than five (5) years from the date of
the discipline from his department file, including the employee performance evaluations
which refer to the discipline being purged. 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
purged 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 is asserted to have problems with sick leave
utilization. The narrative section will allow management representatives to remark on
asserted 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
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.
33
Article XXVIII
WAIVER OF BARGAINING DURING THE T~RM 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.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, 1998.34
r
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 1 Otmay of December. 1996.
CITY OF ORANGE
e
CITY
OF ORANGE POLICE
ASSOCIATION:by:
by: ~~,
L'A/~by:by:
by:Approved
as to form:City
Attorney 35
DESIGNATION OF CITY OF ORAN~
POLICE ASSOCIATION PER~ONNEI"
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 Step B Step C Step D Step E Step F
Police Officer 442 3233 3398 3571 3753 3945 4146
Effective December 22.1996 (3% Increasel
Police Officer 448 3331 3501 3680 3867 4065 4272
Effective December 21. 1997 (2.5% Increasel
Police Officer 453 3415 3590 3773 3965 4167 4380
Effective Auaust 30.1998 (3% Increasel
Police Officer 459 3519 3699 3887 4086 4294 4513
36
DESIGNATION OF CITY OF QRAN~E
POLICE ASSOCIATION PER$ONNEL
AND MONTHLY SALARY ~NGI;~
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 Step F 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 Step D Step E Step F
Crime Prevention Specialist376 2326 2445 2570 2701 2838 2983
Forensic Specialist 436 3138 3298 3486 3643 3829 4024
Parking Control Officer 357 2116 2224 2337 2456 2582 2713
Police Clerk 341 1954 2053 2158 2268 2364 2505
Police Computer Coord. 361 2159 2269 2364 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% Increasel
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 Step F
Crime Prevention Specialist381 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. 386 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 Auaust 30.1998 (3% Increasel
After After After After After
1 Year 1 Year 1 Year 1 Year 1 Year
Class Title Range Step A Step B Step C Step D StepE Step F
Crime Prevention Specialist387 2457 2583 2715 2853 2998 3151
Forensic Specialist 447 3315 3484 3861 3848 4044 4251
Parking Control Officer 368 2235 2349 2469 2595 2727 2866
Police Clerk 352 2064 2169 2280 2396 2518 2647
Police Computer Coord. 372 2280 2397 2519 2647 2782 2924
Police Dispatcher 406 2702 2840 2964 3137 3296 3465
Police Records Supervisor 465 3626 3811 4005 4210 4424 4650
Police Secretary 385 2433 2557 2688 2825 2969 3120
Police Services Officer 380 2373 2494 2621 2755 2896 3043
Property Officer 398 2596 2728 2868 3014 3168 3329
Records Shift Supervisor 392 2520 2648 2783 2925 3074 3231
Senior Police Clerk 372 2280 2397 2519 2647 2782 2924
Senior Police Dispatcher 426 2985 3137 3297 3466 3642 3828
Sr. Police Services Officer 400 2622 2756 2896 3044 3199 3362
40