RES-8322 MOU Police Association effective 03-06-1994 to 06-24-1995RESOLUTION NO. 8322
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF ORANGE AND THE CITY OF
ORANGE POLICE ASSOCIATION CONCERNING
WAGES, SALARIES AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT EFFECTIVE
MARCH 6, 1994 THROUGH JUNE 24, 1995 AND
REPEALING RESOLUTION NO. 7497 AND
AMENDMENTS THERETO FOR SAID EMPLOYEES.
WHEREAS, the City of Orange, hereinafter referred to as "City", and
the City of Orange Police Association, hereinafter referred to as "COPA"
have met and conferred in accordance with requirements of the Meyers-
Milias-Brown Act;
and WHEREAS, City and COPA have reached agreement on
wages,salaries and other terms and conditions of employment effective March
6,1994 through June 24, 1995, and repealed Resolution No. 7497
and amendments thereto for said employees, as more particularly set forth in
the Memorandum of
Understanding.NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Orange that the attached Memorandum of Understanding is approved
and incorporated by reference as Exhibit "A" as though fully set forth
herein.ADOPTED this 12thday of April
1994.
ATTEST:1M/iAhtr/ ftX~j?/
fl/City Clerk f the i of
I hereby certify that the foregoing Resolution was duly and regularly
adopted by the City Council of the City of Orange at a regular meeting
thereof held on the 12th day of April, 19 94 by the following vote:
AYES: COUNCIL MEMBERS: SPURGEON,BARRERA,MAYOR BEYER,COONTZ,MURPHY
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
fie ?hA'pfl/
City CI k of t e a{y of Orange
2-Reso. 8322
U~------
rr
EXHIBIT "A"
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ORANGE
AND
CITY OF ORANGE POLICE ASSOCIATION
Article No. Article Title Paae No.
Recognition 3
II Non-Discrim ination
4 III Salaries
4 IV Working out of Class
7 V WorkWeek
7 VI Overtime
8 VII Call Back Compensation
10 VIII Court Time
10 IX Special Assignments
and Special Pay Practice
11 X Career Development Program
and Educational Reimbursement
12 XI Uniform Allowance
14 XII Vacation and Holidays
14 XIII Probationary Period
15 XIV Other Leaves of Absence
16 XV Part-Time Employee
Benefits 20 XVI
Insurance 20 XVII
Retirement 22 XVIII Safety and Health
Fitness 22 XIX Travel Expense
Allowed 24 XX Employee
Organizational Rights and
Responsibility 24 XXI Layoff
Procedure
Article No. Article Title Paqe No.
XXII City Rights 26
XXIII No Strike 28
XXIV Grievance Procedure 28
XXV Sole and Entire Memorandum
of Understanding 30
XXVI Waiver of Bargaining During
the Term of this Agreement 30
XXVII Emergency Waiver Provision 30
XXVIII Separability Provision 31
XXIX Term of Memorandum of
Understanding 31
XXX Ratification and Execution 31
3
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ORANGE
AND
CITY OF ORANGE POLICE ASSOCIATION
Article I
RECOGNITION
SECTION 1. Pursuant to the provisions of the Employer-Employee
Relations Resolution No. 3611 of the City of Orange, the City of Orange (hereinafter called
the City"), has recognized the City of Orange Police Association (hereinafter called
the Association" or "COPA") as the majority representative of the
Non-Management employee classifications of the Police Department as set forth in Exhibits "
1"
and 211,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
or state agency or court of competent jurisdiction requiring a modification or change
in any provision or provisions of this Agreement in compliance with state or federal
anti-discrimination
laws.SECTION 3. Whenever the masculine gender is used in this Memorandum
of Understanding, it shall be understood to include the feminine
gender.Article
III
SALARIES SECTION 1. BASIC COMPENSATION PLAN. There is hereby established a
basic compensation plan for all members of the Orange Police Association who are
now employed or will in the future be employed in any of the designated classifications
of employment listed in this resolution and its
attachments.SECTION 2. SALARIES. Base salaries effective March 6, 1994 and December
24,1994 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 (1/
2) 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 to mean continuous, full-time service in his present
classification, service in a higher classification, or service in a classification allocated to
the
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 shall be subject to the same action as provided in the above
paragraph of
this
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 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
7
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
perform ing 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 VIII, Section 11
an employee shall not be scheduled to work more than twelve and one-half (12-
1/2)consecutive hours on any occasion. Employees may voluntarily work in
excess of the twelve and one-half (12-1/2) hours and
will
j
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 Aides 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.
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.
SECTION 3. PREMIUM COMPENSATION. Premium Compensation shall be
accumulated at one and one-half (1-1/2) hours paid overtime or
compensatory time off for each one (1) hour of
overtime worked.SECTION 4. Except as provided in Section 8, 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 meeting, missed meals,
or weapon qualification.SECTION 5. 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. However,
during the period of this agreement only, the provisions for conversion shall
be suspended provided,however, that unless the parties agree to the contrary, it shall
again be available commencing
June 25, 1995.Prior to such usage of the time off, an employee shall
receive authorization and approval by the Police Chief
or his designee.Payment as applicable, shall be made at the pay period following the
exercise of the option. 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
hours over eighty (80). Additionally the City may elect to reduce training hours
accumulated pursuant to Section 8 to eighty (80) hours by paying the employee
cash for the excess hours over eighty (80).
SECTION 6. Employees shall be entitled to receive payment for paid overtime and
all accumulated compensatory time upon their termination.
SECTION 7. 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 8. All duly authorized overtime compensation for attendance as a trainee
at any seminar, conference, convention, education class, organized in-
service training or meetings, or weapon qualification or such similar event shall
be accumulated at the rate of one (1) hour of compensatory time for each one (1)
hour of training overtime
worked.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 (1-1/2)
hours of compensatory time for each hour of training overtime worked. This provision
for premiun training overtime compensation shall not apply if the employee chooses
a training session that qualifies for premium training time when other training
sessions are available.Premium training overtime shall not apply to training sessions for SWAT,
K-9 or
the Crisis Negotiation Team.Training hours which are performed on overtime shall entitle
the employee to time off. The employee shall not be paid for such compensatory
time for training
hours performed on overtime.SECTION 9. If an employee is scheduled to commence a work
shift within less than ten (10) hours after the scheduled conclusion of the
previously scheduled work shift the later shift shall be compensated at the premium rate
for all hours worked.SECTION 10. Whenever two (2) or more premium
compensation rates or overtime rates may appear to be applicable to the same hour or
hours worked by the employees described in this Article, there shall be no
pyramiding or adding together of such premium or overtime rates, and only the higher
applicable rate shall apply.SECTION 11. 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
Article VII
CALL BACK COMPENSATION
SECTION 1. CALLBACK COMPENSATION. If employees are required to report
back to work after completing a normal work shift and have left the City premises
and/or work location, 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 or 8 of Article
VI, in which case compensation shall be at the straight
time rate.This provision shall not apply to employees who are continuing on duty after
the call back, provided that the regularly scheduled hours of work may not
be adjusted within forty-eight (48) hours prior to the time they are
scheduled to commence without the consent
of the employee.SECTION 2. PYRAMIDING. Whenever two (2) or
more premium compensation rates or overtime rates may appear to be applicable to the same
hour or hours worked by any employee, there shall be no pyramiding or adding
together of such premium or overtime rates and only the higher applicable
rate shall
apply.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 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 at
the straight time rate irrespective of the duration of such "standby"
or "
on
Article IX
SPECIAL ASSIGNMENTS AND SPECIAL PAY PRACTICE
SECTION 1. Police Officers assigned, from time-to-time, 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,
providing the employee is performing all the significant duties of the special
assignment. These special assignments to positions shall be made or revoked at the discretion
of the Chief
of Police.SECTION 2. Crime Scene Investiaators Police Officers assigned as
Crime Scene Investigators shall receive $100.00 per month during the period of
such assignment.Police Officers may be so assigned at the discretion of the Police Chief
or
his designee.Trainina Bonus Field Training Officers, Master Motor Officers
and Dispatchers 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.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 seventy dollars ($70.00) per month, per
employee, in addition to their regular salary for the duration of
the assignment.Effective March 6, 1994, the compensation for Bilingual
Assignment shall increase from seventy dollars ($70.00) to one hundred and
forty dollars 140.00)
per month.Bilingual Assignments shall be made on the
following basis: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.SECTION 3. 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.
SECTION 4. 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 (7-1/2) 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 assignments serve at the pleasure of the Police
Chief and may be reassigned at the sole discretion of the
Police Chief.SECTION 5. Sworn Police Officers not assigned to a special assignment
as defined in previous Sections 1, 3, and 4 shall receive five (5) percent Senior
Officer pay upon completion of six (6) years of service with the Orange
Police Department.SECTION 6. SPECIAL ASSIGNMENT GUIDELINES. Police Officers
and non-sworn personnel assigned to positions specified in Section 1 above shall move
on a step-to-step basis
without changing anniversary dates.SECTION 7. 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.SECTION 8. 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 9. SHIFT BONUS. Effective June 26, 1994
all employees who are assigned to shifts that start between 1200 hours (12:00 p.m.) and
0600 hours (6:00 a.m.) and who are subject to shift rotation or permanently
assigned to a shift commencing within the above time frame shall receive a
two percent (2%) bonus based upon the employee's base salary. Employees not subject
to shift rotation and who are assigned shifts that start between 0600 hours (6:00 a.
m.) and 1200 hours 12:00 p.m.) are not entitled to this compensation. Shift
assignments shall be made or revoked at the discretion of
the
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-
1/2%B.POST Intermediate
Certificate and 60-89
semester units 5%C.POST Advanced
Certificate and 90 semester units or
more 7-1/2%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.12-1/2%SECTION 2. Sworn personnel hired on or after September
1, 1984, shall be eligible for career development pay at the following flat
dollar rates for
the
following corresponding educational requirements:
REQUIREMENTS A. POST Intermediate
Certificate
and
30-59 semester units.
ADDITIONAL COMPENSATION
Effective 9/1/84
68.93 B. POST Intermediate Certificate
and 60-89 semester units.
137.85 C. POST Advanced Certificate and
90
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 and text books required for approved community
college and college courses. An approved course is one designated to directly
improve the knowledge of the employee relative to his specific job, and must be
approved by the Chief of Police and the Personnel Director prior to registration.
Reimbursement will be based upon the final grade received according to the
following schedule:
GRADE
A
B
C
D or F
REIMBURSEMENT
100%
75%
50%
0-
SECTION 4. Educational reimbursement payments to an employee shall not
exceed four hundred dollars ($400.00) in anyone fiscal year and he must still be
employed by the City when the course is completed.
Article XI
UNIFORM ALLOWANCE
SECTION 1. The City will purchase uniforms for all regular, full-time and
part-time uniformed members of the Police Department. Qualified part-
time members are those employees scheduled in the budget to work at least twenty (20)
hours a week on
a year-round basis.SECTION 2. Safety equipment as designated by the Chief of
Police and/or required by law will be
provided by the City.SECTION 3. All uniforms and/or safety equipment purchased
by the City shall remain the property of
the City
of Orange.Article
XII VACATION AND HOLIDAY SECTION 1. All full-time, regular employees who shall
have one (1) year's continuous service shall thereafter be entitled
to
After Year's of
Service
1 through 4
5 through 10
11
12
13
14
15
Vacation/Holiday
Hours
170 hours
210 hours
218 hours
226 hours
234 hours
242 hours
250 hours
After completion of fifteen (15) years of continuous employment, all full-time
regular employees described herein shall accrue an additional four (4) hours
of vacation/holiday per year up to a maximum of three hundred and ten (
310)vacation/holiday hours after thirty (30) years continuous employment with the
City.During the first year of service an employee shall be eligible to use ninety (90)
hours of accrued holiday/
vacation.SECTION 2. Vacation/Holiday shall be taken at the convenience of the City with
the approval of the Police Chief or his duly authorized agent. Vacation/
Holiday 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/holiday hours in excess of the equivalent
number of hours earned in the immediately preceding twenty-four (24) month
period not taken by the employee
shall be forfeited.SECTION 3. An employee may convert up to fifty (50%) percent
of his current annual vacation/holiday 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. For the remaining term of this agreement only, this provision shall
be suspended provided,however, that unless the parties agree to the contrary it shall
again be available commencing
June 25, 1995.SECTION 4. Employees who terminate their employment with the City
after one (1)year of full-time employment shall receive the
pro-rata portion of their vacation/holiday pay in cash reimbursement. Pro-
rated vacation shall be on the basis of one-twelfth (1/12) of the employee'
s annual vacation/holiday pay for each full month of service of the
employee during
the employee'
s anniversary year.Article XIII PROBATIONARY PERIOD SECTION 1. An employee initially appointed
to a class shall serve a probationary period during which he shall have
an
opportunity
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.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
XIV 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, stating the reasons why the additional leave is required and why it
would be in the best interests of the City to grant same. If in
the Personnel Director's 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.
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 employee for his witness
services.
SECTION 4. MILITARY LEAVE OF ABSENCE. If an employee is required to take
military training two weeks or more each year, he shall be entitled to military leave of
absence under the provisions of State law, found in applicable sections of the
Military and Veterans' Code.
SECTION 5. SICK LEAVE. Sick leave with pay shall be allowed, credited, and
accumulated in accordance with the following:
18
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; and/or
3) Ten (10) 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 (1/2) hour,
while additional actual absence of over one (1) hour shall be charged to the nearest
one-half (1/2) hour.The Police Chief shall be responsible for control
of employee abuse of the sick leave privilege. Employees may upon
prior notice be required to furnish a certificate issued by a licensed
physician or nurse or other satisfactory written
evidence of any subsequent illness.E. Subject to the provisions of Section 6(0),
upon retiring from City service and entering the Public Employee'
s Retirement System, an employee shall receive no pay for the first four hundred
and eighty (480) hours of accrued sick leave, but shall receive twenty-
five percent (25%) pay for the first two hundred and forty (240) hours of
accrued sick leave after the first four hundred and eighty (480) hours
of accrued sick leave, and fifty percent (50%)
of
F. Upon the death of an employee while employed by the City, one hundred
percent (100%) of all accrued sick leave benefits shall be paid to the
beneficiary of the deceased employee. Payment will be made when
proper authorization for payment is received from the estate of the
decedent employee.
G. In determining the dollar amount of sick leave payoff for sick leave
accrued subsequent to July 3, 1977, the rate of pay for the month in which
the sick leave was accrued will be used. For sick leave accrued prior to
July 3, 1977, the payroll rate as of July 3, 1977 will be used. When
employees actually use sick leave for absences in accordance with
Section 5(C) above, they will be paid at their then current salary rate,
regardless of whether sick leave was accrued prior to or subsequent to
July 3, 1977.
H. When sick leave is used in accordance with Section 5(C) above, the City
will first charge the earliest accrued sick leave, then the next earliest, and
so on (first-in,
first-out).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
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
terms and
conditions:A. Bereavement Leave may only be used upon the death or critical
illness where death appears to be imminent of the employee's immediate
family.Immediate family" as 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 XV
PART-TIME EMPLOYEE BENEFITS SECTION 1. PART-TIME EMPLOYEES.
Part-Time employees who are scheduled in the budget to work on an average of at least twenty (
20) hours per week on a year-round basis
will be
entitled
to pro-rated fringe benefits.Article XVI 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,
A Except as provided in Section 1 B Flexible Benefits Plan, the City shall
contribute toward the payment of premiums under the PERS Health Benefits
Plan on behalf of each eligible active employee, and to the extent required by
law, each eligible retiree annuitant of PERS, an equal contribution of $16.00 per
month.
B. Flexible Benefits Plan. For active full time eligible employees, the City shall pay
the following amounts per month to provide funds for optional dental plans,
vision plans, health plans, or miscellaneous pay established in the Section 125
Flexible Benefits Plan:
1) Indemnitv 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 Officer, 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.
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. The City shall maintain in effect for the term of this agreement its
existing life insurance plans covering employees covered by this Agreement on the
same basis as its plans are offered to employees as of June 30, 1982. The City
shall have the right to change life insurance carriers and administer the life
insurance benefits provided herein.
Article XVII
RETIREMENT
SECTION 1. Employees covered by this Agreement shall participate in the Public
Employees' Retirement System (PERS). The City shall pay all required employer
contributions for (1) the 2% at age 50 retirement formula, as set forth in Section
21252.01 of the California Government Code, for all safety members of PERS (Le.,
sworn employees covered by this Agreement); and (2) the 2% at age 60 formula for
all non-sworn employees covered by this
Agreement.A. Employees shall pay the employee retirement contribution rate
through payroll deduction to the Public Employees' Retirement
System.B. The City shall implement the provisions of Section 414(h)(2) of
the Internal Revenue Code, which allow that the employee contribution to
the Public Employees' Retirement System will be treated as
employer contributions for federal and state tax purposes. The pickup shall be
in accordance with the provisions of Section 20022 (a)(6) of the
California Government
Code.C. The base salary of non-sworn employees covered by
this agreement described in Exhibit "2" shall be increased by 7%. This
salary is compensation earnable" as defined in Sections 20022 (a)(6)
and 20023 of the California Government Code. It shall be reported as such
to the Public Employees' Retirement System. For purposes of
determining other salary bonuses or assignment pay, payoffs of sick leave
or vacation accruals, but not overtime compensation, this 7% increase shall
not be considered, and those calculations shall be based upon the
employee's base salary reduced
by 7%.D. The base salary of sworn employees covered by
this agreement described in Exhibit "2" shall be increased by 9%. This
salary is compensation earnable" as defined in Sections 20022 (a)(6)
and 20023 of the California Government Code. It shall be reported as such
to
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 XVIII
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 sworn personnel.C. Health Fitness The City and C.O.P.A agree to
develop a mutually acceptable Health and Fitness Program for all
sworn Police personnel.The program will be designed to improve and maintain
the physical and mental well-being of all sworn police personnel and will
be offered on a voluntary basis for the first year. After the first year, the Cityand
C.O.P.A will review and evaluate the future of the
program. Upon completion of the first year the Wellness Committee will
develop Health and Fitness Standards, Progressive
discipline,
D. Administration The Health and Fitness Program will be administered by
Rancho Santiago College and a Wellness Committee comprised of two
representatives from the City, two representatives from C.O.PA, two
from Police Management and one independent consultant. The purpose
of the committee will be to develop, coordinate and oversee this program.
E. Standards The City and C.O.PA agree to develop fitness and health
standards including but not limited to the following:
1) Weight/body fat
2) Resting heart rate
3) Blood pressure
4) Exercise heart rate
5) Pulmonary function
6) Physical agility program
7) Other areas mutually agreed to
Article XIX
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 XX
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 XXI
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. Policv. The City retains the right to abolish any position, reduce
the work force and lay-off employees when it becomes necessary due
to economic conditions, organizational changes, lack of work, or because the necessity
of a position no longer exists. The following criteria shall be followed during a
layoff or reduction
in force.SECTION
3. Procedure.A. The order of layoff or reduction in force within the Department
and by classification shall be in the
following order.1) Temporary employees (19 hours
or less)2)
Probationary employees 3) Regular
part-time employees 4)
Regular full-time employees B. The order of lay-offs and reductions in
force shall be based on Department seniority within the
classification as
calculated by the Personnel Director.C. Whenever an employee is to be laid off, he may
transfer or demote to a vacant position in a lower classification that
he previously held within the Police Department. The employee may also
transfer or demote to a vacant position in
any other Department provided that:1) the position is
the same or lower classification.2) the position is authorized, budgeted and the
City
intends to fill the vacancy.3) the employee meets the
qualification of the new position.D. Whenever an employee is to be laid off, he may
transfer or demote to a filled position in a lower
classification within the
Police Department provided that he:1) previously held or supervised a
position in the lower classification.2) meets or can reasonably meet the
qualifications for the new position 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
5) Such demotions or transfers shall be from classification to
classification without regard for previously held special assignments.
Employees have no right to assume a previously held special
assignment.
6) Management employees who demote or transfer to a lower
classification may not displace another employee in a special
assignment unless that employee is laid off due to the order of lay-
off as established per Section 3
A.E. Employees from other Departments may not fill vacancies in the
Police Department unless all qualified Police employees have refused to
accept the vacant position. Employees from other Departments may not
displace Police
Employees.F. Employees to be laid off shall be provided written notice at least
seven days in advance of the lay-off. Notice will be hand delivered
to the employee whenever possible. If personal delivery is not
possible, the notice must be sent by certified mail to the last known address
of
the employee.G. Regular employees who are laid off shall be placed
on are-employment list for the last classification held. Names shall be placed on
the list in inverse order of seniority (last released-first
re-hired). Vacancies to be filled will be offered first to
employees on the re-hire list.Other hiring departments
must give priority consideration to those employees who appear on a re-
hire list for the same or similar classification. If eligible
employees are not selected for re-hire, the reason for
non-selection must be approved by the Personnel Director.Employees re-hired
by the Police Department must first meet all State and
local requirements for the position. Such requirements include,
but are not limited
to: POST certification, background investigation, psychological evaluation and medical clearance.Names of
qualified individuals shall remain on the re-hire list for two years. Individuals
who refuse to accept a re-hire or who do not respond within seven
days to a written notice that has been sent to their last known
address shall be removed from the re-hire list. It
is the employees responsibility to provide the Personnel Department with a
current
mailing
Article XXII
CITY RIGHTS
SECTION 1. The City reserves, retains, and is vested with, solely and exclusively,
all rights of Management which have not been expressly abridged by specific
provisions of this Memorandum of Understanding or by law to manage the City, as
such rights existed prior to the execution of this Memorandum of Understanding.
The sole and exclusive rights of Management, as they are not abridged by this
Agreement or by law, shall include, but not be limited to, the following rights:
A. To manage the City generally and to determine the issue of policy.
8. 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 compliance
therewith.Q. To maintain order and efficiency in its facilities and
operations.R. To establish and promulgate and/or modify rules and regulations
to maintain order and safety in the City which are not in contravention
with this
Agreement.S. To take any and all necessary action to carry out the mission of the City
in
emergencies.SECTION 2. Except in emergencies, or where the City is required to make
changes in its operations because of the requirements of law, whenever the
contemplated exercise of Management's rights shall impact on a significant number of
employees of the bargaining unit, the City agrees to meet and confer in good faith
with representatives of the Association regarding the impact of the
contemplated exercise of such rights prior to exercising such rights, unless the matter of
the exercise of such rights is provided for in this Memorandum of
Understanding.Article
XXIII NO
STRIKE PROHIBITED
CONDUCT SECTION 1. The Association, its officers, agents, representatives, and/or
members agree that during the term of this Agreement, they will not cause or condone
any unlawful strike, walkout, slowdown, sick-out, or any other unlawful job
action by withholding or refusing to
perform services.SECTION 2. Any employee who participates in any conduct prohibited in
Section 1 above shall be subject to termination by the City in accordance with
the procedures set forth in applicable State laws and Departmental
Disciplinary
Manual.t.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
ASSOCIATION RESPONSIBILITY
SECTION 1. In the event that the Association, its officers, agents, representatives,
or members engage in any of the conduct prohibited in Section 1 above, Prohibited
Conduct, the Association shall immediately instruct any persons engaging in such
conduct that their conduct is in violation of this Memorandum of Understanding and
unlawful, and they must immediately cease engaging in conduct prohibited in
Section 1 above, Prohibited Conduct, and return to work.
SECTION 2. The City agrees to hold the Association harmless and indemnify the
Association against any claims, causes of actions, or lawsuits arising out of
damages related to prohibited conduct in Section 1 above, Prohibited Conduct,
when the Association, in good faith, performs its responsibilities under Section 1
above, Association Responsibility.
Article XXIV
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.
30
r-
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 mutually agreed to by the City and the Association, to the
Chief of Police. The grievant is to state the remedy requested to resolve the
grievance. At this point, the grievance hearing process becomes formal. Should
the grievant fail to file a written grievance within ten (10) business days, as outlined
under this Section (Section 4), the grievance shall be barred and waived.
SECTION 5. FORMAL PROCESS. PERSONNEL DIRECTOR. CHIEF OF POLICE.
If the grievance is not resolved through the informal process, and a written
grievance is filed within the time limits set forth above, the grievant shall discuss the
grievance with the Personnel Director and the Chief of Police. The Personnel
Director and the Chief of Police shall render a decision and comments, in writing,
regarding the merits of the grievance and return them to the grievant within ten (10)
business days after receiving the grievance.
SECTION 6. FORMAL PROCESS. CITY MANAGER. If the grievance is not
resolved in Section 5 above, or if no answer has been received from the Personnel
Director and Chief of Police within ten (10) business days from the presentation of
the written grievance to the Personnel Director and the Chief of Police, the written
grievance shall be presented to the City Manager, or his duly authorized
representative, for determination. Failure of the grievant to take this action will
constitute a waiver and bar to the grievance, and the grievance will be considered
settled on the basis of the last Management grievance response. The City
Manager, or his duly authorized representative, shall render a final decision on the
merits of the grievance and comments, in writing, and return them to the grievant
within ten (10) business days after receiving the grievance. After this procedure is
exhausted, the grievant, the Association, and the City shall have all rights and
remedies to pursue said grievance under the law.
Article XXV
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.
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Article XXVI
WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT
During the term of this Memorandum of Understanding, the parties mutually agree
that they will not seek to negotiate or bargain with regard to wages, hours, and
terms and conditions of employment, whether or not covered by the Memorandum
or in the negotiations leading thereto, and irrespective of whether or not such
matters were discussed or were even within the contemplation of the parties hereto
during the negotiations leading to this Memorandum. Regardless of the waiver
contained in this Article, the parties may, however, by mutual agreement, in writing,
agree to meet and confer about any matter during the term of this Memorandum.
Article XXVII
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 XXVIII
SEPARABILITY PROVISION
Should any provision of this Memorandum of Understanding be found to be
inoperative, void, or invalid by a court of competent jurisdiction, all other provisions
of this Memorandum of Understanding shall remain in full force and effect for the
duration of this Memorandum of Understanding.
Article XXIX
TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding shall commence on March 6, 1994
and shall continue in full force and effect until June 24, 1995.
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Article XXX
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 .J.2tRay of Apci.l.' 1994.
CITY OF ORANGE
by: ~d! /7Udo-../
bY:~~
by:
bY:{
by:
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DESIGNATION OF CITY OF ORANGE
POLICE ASSOCIATION PERSONNEL
AND MONTHLY SALARY RANGES
Exhibil "1"
Effective March 6, 1994
After After After After After
1 Year 1 Year 1 Year 1 Year 1 Year
Class Title Range SlepA Slep B SlepC SlepD SlepE Slep F
Police Officer 428 3015 3169 3330 3500 3679 3866
Effective December 25, 1994
Police Officer 438 3169 3331 3501 3679 3867 4064
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II -
I
DESIGNATION OF CITY OF ORANGE
POLICE ASSOCIATION PERSONNEL
AND MONTHLY SALARY RANGES
Eyl1ibit "2"
Effective December 25, 1994
After After After After After
1 Year 1 Year 1 Year 1 Year 1 Year
Class Title Range Step A Step B StepC StepD Step E StepF
Crime Prevention specialist 366 2213 2326 2445 2569 2700 2838
Forensic specialist 426 2985 3137 3297 3466 3642 3828
Parking Control Officer 347 2013 2116 2224 2337 2456 2581
Police Computer Coord. 351 2054 2158 2268 2384 2506 2633
Police Clerk 331 1859 1953 2053 2158 2268 2383
Police Dispatcher 385 2433 2557 2688 2825 2969 3120
Police Services Officer 359 2137 2246 2361 2481 2608 2741
Police Secretary 364 2191 2303 2420 2544 2673 2810
Property Officer 371 2338 2457 2582 2714 2853 2998
Police Records Supervisor 444 3266 3432 3607 3791 3984 4188
Records Sl1ift supervisor 371 2269 2385 2506 2634 2768 2910
Senior Police Clerk 351 2054 2158 2268 2384 2506 2633
Senior Police Dispatcher 405 2688 2825 2969 3121 3280 3447
Sr. Police Services Officer 379 2361 2482 2608 2741 2881 3028
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