RES-8508 Extending the Effective Date of Resolution No. 8322 to February 29, 1996RESOLUTION NO. 8508
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE EXTENDING THE EFFECTIVE DATE OF RESOLUTION
NO. 8322 BETWEEN THE CITY OF ORANGE AND THE CITY OF
ORANGE POLICE ASSOCIATION TO FEBRUARY 29, 1996 AND
FURTHER AMENDING AND MODIFYING SAID RESOLUTION AS
DESCRIBED HEREIN.
WHEREAS, the City Council of the City of Orange has directed staff to extend the
terms and conditions of employment defined in Resolution No. 8322 and amendments thereto;
and
WHEREAS, staff and representatives of the City of Orange Police Association have
met and conferred in accordance with the requirements of the Meyers-Milias-Brown
Act, and have reached an agreement to amend the "Memorandum of
Understanding"; and WHEREAS, the City Council is desirous of making modifications to
salaries and specific benefits during this extension period from June 24, 1995 through
and including February
29, 1996.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange that the attached amendment to the Memorandum of Understanding, Resolution No.
8322 be approved and incorporated by reference as Exhibit "1" as though fully set
forth herein.ADOPTED this 22nd day of
August
1995.Attest:MARILYN
J. JENSEN City Clerk of the City
of Orange BY:~~/t!. C~
f'~A2 Deputy
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 22nd day of
A\lOllRt , 1995 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
MURPHY,
NONE
NONE
NONE
Reso. 8508
BARRERA, MAYOR COONTZ, SPURGEON,
SLATER
MARILYN J. JENSEN
City Clerk of the City of Orange
By: ~~..u ([~Ad-
Deputy CitUlClerk
2-
DESIGNATION OF CITY OF ORANGE POLICE ASSOCIATION PERSONNEL
AND MONTHLY SALARY RANGES
Exhibit "2"
Effective December 241995
After After After After After
1 Year 1 Year 1 Year 1 Year 1 Year
Class TITle Ranoe Step A Step B Step C StepD 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 Computer Coordinator 355 2095 2202 2314 2432 2556 2686
Police Clerk 335 1896 1993 2094 2201 2313 2431
Police Dispatcher 389 2482 2609 2742 2882 3029 3183
Police Services Officer 363 2180 2291 2408 2531 2660 2796
Police Secretary 368 2235 2349 2469 2595 2727 2866
Property Officer 381 2385 2507 2634 2769 2910 3058
Police Records Supervisor 448 3331 3501 3680 3867 4065 4272
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
Senior Police Services Officer 383 2409 2532 2661 2797 2939 3089
Police Officer 442 3233 3398 3571 3753 3945 4146
Reso. 8508 3-
RESOLUTION NO. 8508
Exhibit "1"
AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF ORANGE AND CITY OF ORANGE POLICE ASSOCIATION
Pursuant to the provisions of Section 3505 of the California
Government Code, authorized representatives of the City of Orange
hereinafter called the "City") and the City of Orange Police
Association (hereinafter called the "Association" or "COPA") have
met and conferred in good faith and have reached an agreement to
amend the Memorandum of Understanding between the parties covering
the period March 6, 1994 and June 24, 1995, as follows:
1. Article XXIX shall be modified to cause the "Memorandum
of Understanding" to remain in full force and effect
until February 29, 1996.
2. Article III, Section 2, shall be modified to provide that
effective December 24, 1995 the base salary of each
employee covered by this agreement shall be increased by
2%, as set forth in Exhibit "1".
3. Article VI, Section 8, shall be modified to provide that
any employee who is required to participate in weapons
qualification while off duty shall receive a minimum of
2 hours overtime compensation at the straight time rate
provided that the individual must have received advance
approval by an authorized representative of the police
department to engage in that activity.
In addition, Article VI shall be modified to provide that
any employee who submits a request to use Accumulated
Time Off 7 days in advance must be granted the requested
leave, provided that such request does not create an
undue disruption in the ability to provide proper
coverage as defined by Federal Law. If, during the term
of this agreement, this provision creates significant
unanticipated overtime costs to the PoI ice Department,
both parties agree to make every effort to address that
problem and to produce a mutually acceptable resolution.
This provision shall terminate at the time the parties
enter into a successor "Memorandum of Understanding"
unless the parties agree otherwise.
4. Article VII shall be modified to clarify that entitlement
to call-back compensation shall apply when an
employee has been required to appear in court while off duty
and to provide that an employee who is called back shall
be regarded as having commenced actual hours of work
30 minutes prior to arriving at the designated work
location or
court.
5. Article VIII shall be modified as follows:
a. Each employee entitled to stand-by or
on-call compensation under this provision shall
have the option to receive that compensation either
in the form of a cash payment or Accumulated
Time Off.b. The provisions of section 3 shall
apply to employees who have been placed in a stand-
by or on-call status for the purpose of
being available to provide telephonic testimony. As
a result, each such employee shal1 receive
two hours overtime compensation therefor at the
straight time rate irrespective of the duration of
such stand-
by or on-call status.c. A sworn peace
officer who transfers from another law enforcement agency 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
scheduled to be on duty at the time. If the
employee is required to appear while off duty, the
employee shall not be entitled to any overtime compensation
as 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.6. Article IX
shall be modified as follows:a. The Training Bonus shal1
be provided to all Police service Officers and
Cal1 Takers during the period they are assigned
to train employees,
as specified in section 2.b. until such time as
the parties enter into a
successor "Memorandum of Understanding" current Special Assignments will
rema~n at the present level and
any vacant Special Assignment position,including newly
created ones, shall be filled through a
permanent Special Assignment. During the term of
this extended agreement representatives of COPA and the City shall
make every effort to agree on the establishment
of a formal selection process to be utilized
to fill future Special Assignments.7. Article XII shall be
modified to provide that each employee shall be entitled
to receive 90 paid holiday hours per annum in accordance
with
immediately preceding "Memorandum of Understanding"
between the parties. At the same time, each eligible
employee shall earn annual vacation hours equal to 90
hours less than those vacation/holiday hours described in
Section 1 of the current "Memorandum of Understanding".
Any employee who works hours in excess of the regular
scheduled work shift on a designated holiday shall
receive premium compensation as provided in Article IV.
8. Article XIV, section 5C(3), shall be modified to allow an
employee to use up to 30 hours per calendar year (non-
cumulative) of sick leave benefits for absences caused by
illness or injury of the employee's immediate family.
9. Article XVI, Section 3, shall be modified to increase the
face value of Life Insurance benefits provided by the
City to $15,000.00, effective october 1, 1995.
10. Article XXVII shall be modified to provide that in the
event legislation is adopted that would require the City
to take action prior to February 29, 1996 in order to
amend its contract with PERS to provide the 2% @ age 55
retirement formula for non-sworn employees covered
by this "Memorandum of Understanding", the parties
shall immediately reopen this "Memorandum of Understanding"
for the purpose of meeting and conferring in good
faith regarding that subject
matter.11. Article XXIV shall be modified to provide that
in grievances filed to challenge the imposition
of discipline the final step in the formal
administrative process shall be a decision rendered by a Hearing
Officer following a full and fair evidentiary hearing
conducted by the 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
7 qualified Hearing Officers. Each party
shall alternatively strike one name from the list until
only one person remains, who shall be the Hearing
Officer.The determination as to which party strikes first
shall be made on a random
basis.The Hearing Officer shall determine whether good
cause exists for the imposition of discipline and, if so,
the appropriate degree of discipline, provided that
the Hearing Officer may not impose more severe
discipline than that assessed by the Police
Department.This process shall replace the one contained in
section
6.
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.
12. The City agrees that at least until such time as the
parties enter into a successor agreement providing
otherwise Reserve Officers shall not be utilized to fill
any vacancy created by the absence of a regular sworn
officer who is scheduled to work. Those vacancies only
may be filled by another sworn officer in an overtime
capacity. Reserve Officers may only be used to
supplement the activities of regularly scheduled sworn
peace officers, not to replace them.
13. Except as modified by this Amendment, all of the terms
and provisions of the Memorandum of Understanding between
the parties shall continue in full force and effect.
14. This Amendment is subject to ratification by the
membership of COPA and approval by the city Council of
the City. Subject to the foregoing, this Amendment is
hereby executed by authorized representatives of the City
and COPA and entered into this day of
1995.
v,
COPACITOFORANGE
By: L~~
Wv~By:miLk
v-
c~~
i,_~v
By:
By: _By:
By:A//J--U~~_
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