RES-8324 MOU Police Management Association effective 03-06-1994 to 09-30-1995Or ru ) ,-. cU 0 ".I';! ;':.'-''-..f/ 3:J.
if PI<x ~.o
RESOLUTIONNO. 8324
A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ORANGE
APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF
ORANGE AND THE POLICE MANAGEMENT ASSOCIATION CONCERNING
WAGES, HOURS AND
OTHER TERMS AND CONDITIONS OF EMPLOYMENT
EFFECTIVE MARCH 6, 1994
THROUGH SEPTEMBER 30, 1995 AND REPEALING RESOLUTION
NO. 7498 AND AMENDMENTS THERETO FOR
SAID EMPLOYEES.WHEREAS, the City
of Orange, hereinafter referred to as "City", and the Police Management
Association have met and conferred in accordance with requirements of
the Meyers-Milias-Brown Act; and WHEREAS,
City and the Police Management Association have reached
agreement on wages, hours and other terms and conditions of employment
effective March 6, 1994 through September 30, 1995, and repealed
Resolution No. 7498 and amendments thereto for said employees,as
set forth in the Memorandum of Understanding.NOW,
THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange that the attached Agreement between the City and The Police Management
Association is approved and incorporated by reference as Exhibit "
A" as though fully set forth herein.ADOPTED
this ..uJjJday of A9riJ 1994.ATTEST:
GENE
BEYER Mayor
of the City of Orange B~~
ayor
Pro em Pc (};;
4/d~City
Cler of th Ciwof Orange
I hereby certify that the foregoing Resolution was duly and regularly
adopted by the City Council of the City of Orange at a regular meeting
thereof held on the 1 ;:>th 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
M~City Cler of th City-of
Orange 2-Reso.
Exhibit "A"
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ORANGE
AND
CITY OF ORANGE
POLICE MANAGEMENT ASSOCIATION
Article No. Article Title Page No.
Recognition 4
II Non-Discrimination
4 III Salaries
4 IV Working out of Class
7 V WorkWeek
8 VI Overtime (Compensatory Time)
8 VII Pyramiding
9 VIII Premium Compensation
9 IX Court Time
12 X Special Assignments
and Special Pay Practice
13 XI Career Development Program
and Educational Reimbursement
14 XII Uniform Allowance
15 XIII Holidays
15 XIV Vacation
16 XV Probationary Period
17 XVI Other Leaves of Absence
17 XVII Layoff Procedure
23 XVIII Insurance
25 XIX Retirement
26 XX Safety and Health Fitness
28 XXI Travel Expense Allowed
29 XXII Employee Organizational
Rights
2
and Responsibility 29
XXIII City Rights 29
XXIV No Strike 31
XXV Grievance Procedure 32
XXVI Sole and Entire Memorandum
of Understanding 33
XXVII Waiver of Bargaining During
the Term of this Agreement 34
XXVIII Emergency Waiver Provision 34
XXIX Separability Provision 34
XXX Term of Memorandum of
Understanding 34
XXXI Ratification and Execution 35
3
r
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") as the majority representative of the
Management employee classifications of the Police Department as set forth in Exhibit
A.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-DISCRIM INATION SECTION 1. The parties mutually recognize and agree to
protect the rights of all employees hereby to join and/or participate
in protected Association activities or to refrain from joining or participating in
protected activities in accordance with the Employer-Employee
Relations Resolution and
Government Code Sections 3500 et. seq.SECTION 2. The City and the Association
agree that they shall not discriminate against any employee because of race,
color, sex, age, national origin, political,religious opinions or affiliations,
sexual orientation, or physical or mental disability. The City and the Association
shall reopen any provision of this Agreement for the purpose of complying with any
order of a federal or state agency or court of competent jurisdiction
requiring a modification or change in any provision or provisions of this Agreement
in compliance
with state or federal anti-discrimination laws.SECTION 3. Whenever the masculine
gender is used in this Memorandum of Understanding, it shall
be
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. Base salaries effective the payroll periods March 6, 1994 and
December 25, 1994 for employees covered by this agreement are listed in
Exhibit A.
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 7 hereof.
For purposes of conducting salary surveys, the City's contribution of the
employees' share of PERS will be added to the base salaries of sworn and non-
sworn classifications and will be considered as base salary.
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 in
Step B", "C", "0", "E", or "F" depending upon the employee's
qualifications.SECTION 5. SERVICE. The word service, as used in this Resolution, shall
be defined to mean continuous, full-time service in his present
classification, service in a higher classification, or service in a classification allocated to
the same salary range and having generally similar duties and requirements. A
lapse
of
service by any employee for a period of time longer than thirty (30) days by
reason of resignation or discharge shall serve to eliminate the accumulated
length of service time of such employee for the purpose of this Resolution. Such
employee re-entering the service of the City of Orange shall be considered as
a new employee, except that he may be re-employed within one (1)
year and placed in the same salary step in the appropriate compensation range as
he was at the time of the termination
of employment.SECTION 6. ADVANCEMENT WITHIN SCHEDULE. The
following regulations shall govern salary advancement
within ranges:A. MERIT ADVANCEMENT. An employee may be
considered for advancement through the salary range upon completion of
the minimum length of service. Advancement through the salary range shall
occur in yearly increments and may be granted only for
continuous, meritorious and efficient service, and continued improvement by the employee
in the effective performance of his duties. A merit increase
shall become effective on the first day of the pay period following completion
of the length of service required for
such advancement.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 therefore.2) The recommendation of the Police Chief and the approval
of the Personnel Director shall be forwarded to Personnel and
the Finance Director for change of payroll status. A disapproval, together
with the reasons therefore, shall be returned to the
Police Chief.B. SPECIAL MERIT ADVANCEMENTS. 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. Lenqth of Service Required when Advancement is Denied.
When an employee has not been approved for advancement to the
next higher step, he may be reconsidered for such advancement at
any subsequent time. This reconsideration shall follow the same steps and
shall be subject to the same action as provided in the above paragraph
of
this section.SECTION 7. Reduction in Salarv 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
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 Salarv 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. Reassianment of Compensation Ranaes. 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
r-
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 twenty
20) consecutive working days without additional compensation. On the twenty-
first (21 st) consecutive working day the employee works out of classification and
for each additional consecutive working day the employee works out of
classification, he shall be paid additional compensation at the Step A of the class
to which he is assigned. 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.
SECTION 2. Working out of class assignments shall only be made for positions
vacated due to illness or an approved leave of absence. Working out of the
class assignments shall not be made for positions vacated due to resignations,
terminations and/or demotions. To qualify for working out of class pay, the
employee must be performing all of the significant duties of the higher level
position.
SECTION 3. The Police Chief shall assign the employee to work out of
classification but shall notify the Personnel Director prior to the assignment.
Article V
WORKWEEK
The regular work week for all employees covered by this Agreement shall be
forty (40) hours per week consisting of four (4) ten (10) hour work days.
Article VI
OVERTIME (COMPENSATORY TIME)
SECTION 1. All employees except "safety" sworn officers, covered by this
agreement shall be entitled to compensatory time for all hours worked in excess
of forty (40) hours within the employee's work week. Compensatory time shall
be accumulated at the rate of one (1) hour of compensatory time for each one
1) hour of overtime worked. Only time actually worked shall count in the
computation of overtime, except the time off due to excused absence for
holidays, accumulated compensatory time off, vacation, and sick leave shall be
8
counted toward the computation of overtime. Compensatory time shall be
accumulated to the nearest one-half (1/2) hour increment. Where an
employee works less than one-half (1/2) hour per day of overtime, the employee
shall not receive compensatory time, and such time shall not count
toward the computation of overtime. In order to be entitled to compensatory
time, such compensatory time must be authorized in advance by the Chief of Police
or his authorized agent. Accumulated compensatory time not taken in
the calendar year in which it was earned may be carried over to the next year up
to a maximum of eighty (80) hours. Any accumulated compensatory
time carried over to a succeeding calendar year must be used or converted to pay
during the calendar year or it shall be
considered forfeited.SECTION 2. Pavment of Compensatory Time. All
earned, accumulated overtime for employees described herein, except overtime for
training hours,shall be converted into cash at the option of the employee. Payment
shall be made at the pay period following the exercise of the option.
However, the conversion privilege shall be waived during the period from March
6, 1994 through June 24, 1995. Training hours which are performed
on overtime compensatory time) shall entitle the employee to time off. The
employee shall not be paid for such compensatory time for training hours. Travel time
to and from activities and locations designated under this Article does not
qualify
for overtime.SECTION 3. Pavment upon Termination. Employees shall be entitled
to receive payment for all accumulated compensatory time upon
their termination.SECTION 4. Usaqe of Compensatory Time
Previouslv Earned.A. Accumulated compensatory time off may be taken by an
employee upon reasonable notice and prior approval of the Chief of Police or
his duly
authorized agent.B. Accumulated compensatory time off shall be taken off by
an employee when directed by the Chief of Police; provided, however, that the
Chief of Police shall give fourteen (14) days' prior notice to the
date accumulated compensatory time off is to be taken. Compensatory time
off upon direction of the Chief of Police shall be not less than ten (
10) hours.C. In directing an employee to take accumulated compensatory time
off, the Chief of Police will, as far as practicable, attempt
to accommodate employee convenience to degree possible in light of
the operational requirements of the
Police
Department.
9
u--
Article VII
PYRAMIDING
SECTION 1. Pvramidina. 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 on Iv the higher applicable rate shall applv.
Article VIII
PREMIUM COMPENSATION
SECTION 1. Premium/Compensation - Sworn and Related Personnel. Premium Compensation
shall apply, to all classifications of police personnel covered herein,
when duly authorized in advance by the Police Chief or his designee.SECTION
2. Definition. Premium Compensation work 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.SECTION
3. Premium Compensation. Premium Compensation work 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. 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. Travel time to
and from activities designated under this Article does not qualify for
overtime.SECTION 4. All earned premium compensation for employees described in
this Article may be credited to Accumulated Time Off (ATO) or paid in cash at
the employee's option, except overtime earned and accumulated for
training.Overtime earned and accumulated, except as provided above, shall
be compensated only by equivalent time off. Prior to such usage of the
equivalent time off, an employee shall receive authorization and approval by the
Police Chief or his designee. In no event shall an employee be paid in cash for
training.Payment shall be made at the pay period following the exercise of the option.
All premium and straight Accumulated Time Off (ATO) may be accumulated up to
a maximum of eighty (80) hours. Additional training hours, which may not
be converted to cash payment, may be accumulated up to a maximum of eighty (
80)
hours.
SECTION 5. Employees shall be entitled to receive payment for all accumulated
time off or paid overtime upon their termination.
SECTION 6.
A. Accumulated compensatory time off shall be taken off by an employee
upon reasonable notice and prior approval of the Chief of Police or his
duly authorized agent.
B. Accumulated compensatory time off shall be taken off by an employee
when directed by the Chief of Police; provided, however, that the Chief of
Police shall give fourteen (14) days prior notice to the date accumulated
compensatory time off is to be taken. Compensatory time off upon
direction of the Chief of Police shall be not less than ten (10) hours.
C. In directing an employee to take accumulated compensatory time off, the
Chief of Police will, as far as practicable, attempt to accommodate
employee convenience to degree possible in light of the operational
requirements of the Police Department.
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 toward the completion of probationary
period or to progression within a salary rate range.
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 organized in-service training or meetings, missed meals,
or weapon
qualification.SECTION 9. All duly authorized overtime compensation for attendance as
a trainee at any seminar, conference, convention, education class or such
similar event or organized in-service training or meetings, missed meals
or weapon qualification shall be accumulated at the rate of one (1) hour
of compensatory time for each one (1) hour of training overtime worked. Such
overtime, except overtime for training hours, may be converted into cash at the employee'
s option.However, this conversion privilege shall be waived during the period
from March 6, 1994 through June 24, 1995. 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.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 premium overtime compensation shall not apply if the employee
chooses a training session that qualifies for premium rate when other training
sessions are available. Premium training overtime shall not apply to training
sessions for SWAT, K-9 or
Crisis Negotiation Team.Notwithstanding the above, if an employee requests to attend
training during his regular working hours, provided that a training slot is available
during that time period, and management denies the request resulting in
the employee attending training during "off-duty" hours, the employee shall be
eligible for the premium rate of accumulation
for such
training time.SECTION 10.A. Notwithstanding Sections 4, 8 and 9 above,
effective October 1, 1986,Police Sergeants and Police Lieutenants covered
by this Agreement shall be entitled to receive premium
compensation for attendance duly authorized department and/or division staff meetings up
to a maximum of eight (8) hours per month. Payment of said overtime is
to be made in cash, and shall not be accumulated
as compensatory time off.B. In the event attendance at department and/
or division staff meetings exceeds eight (8) hours per month, attendance at
said meetings shall be accumulated at the straight time rate and may
be taken as compensatory time off or in cash at
the employee's option.C. The eight (8) hour maximum for premium
compensation may not be accumulated
from month to month.SECTION 11. 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 onlv
the hiqher
applicable rate shall applv.SECTION 12. If in the event of circumstances beyond the City'
s control, such as Acts of God, fire, flood, insurrection, riot, national
emergency or other similar circumstances, employees covered hereunder shall be entitled
to only a straight time rate for overtime
worked under such circumstances.SECTION 13. Notwithstanding Articles VI, VII, and the
above sections in Article VIII, employees classified as Police Captains shall
be provided no overtime compensation except as follows: (1) regular
full-time employees classified as Police Captains shall accrue four (4) hours
of administrative leave for each month of continuous service; (2) administrative leave
shall be charged at the rate of ten (10) hours for each day an employee
is
involving use of a fraction of a day's administrative leave, the minimum charge to
the employee's administrative leave account shall be one (1) hour, while
additional actual absence of over one (1) hours shall be charged to the nearest
full hour; (3) usage of administrative leave shall be at the convenience of the City
with the approval of the respective department head or City Manager, except in
no event shall more than two days of administrative leave be taken
consecutively; (4) administrative leave shall be used in the calendar year in
which it accrues; (5) administrative leave not used in the calendar year in which
it is accrued shall be forfeited.
Article IX
COURT TIME
SECTION 1. Parties agree to incorporate by reference Special Order No. 61 and
No. 88, and existing departmental policies and written procedures covering the
subject of court time.
SECTION 2. 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 call" status beyond 1300 hours (1 :00
p.m.) 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 call" status.
SECTION 3. Employees required to appear before the court during "off-
duty"hours shall receive premium overtime compensation for the duration of the
court
appearance.Article
X SPECIAL ASSIGNMENTS AND SPECIAL PAY
PRACTICE SECTION 1. Police Sergeants assigned, from time to time, by the Chief
of Police as Supervisors of Technical Affairs Bureau, Community Affairs
Bureau,Traffic Bureau, Investigative Services Division Administration (Chiefs
Office)shall receive an additional five percent (5%) compensation above the employee'
s regular compensation during the period of such special
assignment.SECTION 2. BILINGUAL BONUS. Bilingual bonuses will be designated
by Management based upon demonstrated need and frequency of use.
Effective March 6, 1994, the City shall contribute $140.00 per month to each
employee designated to perform bilingual assignments. The employee must pass
an annual proficiency test in order to receive and continue to receive the
bilingual
bonus.
13
SECTION 3. SENIORITY PAY. Effective June 26,1994 "sworn safety"
personnel covered herein not assigned to a special assignment as defined in
Section 1 above shall receive five percent (5%) per month compensation above
the employee's regular base salary after completion of five (5) years of service
with the Orange Police Department within his appointed classification.
SECTION 4. SHIFT BONUS. Effective March 6, 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 Chief of Police.
SECTION 5. Special Assianment Guidelines. Police Sergeants assigned to
positions specified in Section 1 above shall move on a step to step basis without
changing anniversary date.
SECTION 6. All special assignments to positions set forth in Section 1 above
shall be made or revoked at the discretion of the Chief of Police.
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. There shall be a base salary differential of at least 15% between
Police Officer and Sergeant, Sergeant and Lieutenant, Lieutenant and Captain.
Article XI
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 step "A" of the Police Sergeant 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:
14
REQUIREMENTS
A. POST Intermediate Certificate and
30-59 semester
units
ADDITIONAL
COMPENSATION 2-
1/2%B. POST Intermediate
Certificate and 69-89
semester units 5%C. POST Advanced
Certificate and 90 semester units
or more 7-112%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. 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 in
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
DorF
REIMBURSEMENT 100%75%50%0-SECTION 3. Educational reimbursement payments
to an employee shall not exceed five hundred dollars ($500.00) in anyone fiscal year
and he must still be employed by the City when the course is
completed. Effective July 1, 1994 education reimbursement payments to an
employee shall not exceed one thousand dollars ($1,000.
00) in
anyone fiscal
year.Article XII UNIFORM ALLOWANCE SECTION 1. The City will purchase uniforms for
all regular, full-time and part-time uniformed members of the
Police Department. Effective March 6, 1994 uniform allowance reported to
the
Public
sworn personnel shall be $377.00 annually and for non-sworn personnel shall
be 238.00 annually. Uniform allowance shall be adjusted on an annual basis
each October 1 st based upon the CPI growth percentage for the previous fiscal
year or actual uniform expenditures for the previous fiscal year, whichever is
greater.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
XIII
HOLIDAYS SECTION
1.A. Employees covered by this Agreement shall receive each March 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 March 1 and February 28 shall be
forfeited.B. Employees assigned to classifications covered by this Agreement
after March 1 shall receive prorated holiday accruals, one-twelfth (1/
12) of holiday accrual for each month remaining in the twelve (12)
month period between March 1 and
February 28.SECTION 2. Employees required to work on the below listed
holidays shall receive double payor the equivalent time off for hours worked on the
holiday in excess of the ten (10) hour shift. Employees shall receive
no other compensation for working on
a holiday.1)
January 1 2) The third Monday
in February 3) Last Monday
in May 4)
July 4 5) First Monday
in September 6)
November 11 7)
Thanksgiving Day 8) Day
after Thanksgiving 9)
Christmas Day
Article
VACATION
SECTION 1. All full-time regular employees covered by this Agreement
who shall have one (1) years continuous service, shall thereafter be entitled to
a vacation as
follows:After Year(
s)of
Service
1
2
3
4
5 Vacation
Hours Per
Year 92.
00 102.
00 112.
00 122.
00 132.
00 After completion of the fifth (5th) year of continuous service, 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 thirty-two (232)
hours of vacation after thirty (30) years of 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
and, where possible,such vacation should be taken annually. Vacation days not in
excess of days 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 days in excess of the equivalent number of
days 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 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.However, during the period from March 6, 1994
through June 24, 1995
this provision shall be suspended.SECTION 4. Employees who terminate their
employment with the City shall receive the pro-rata portion of their
vacation pay in cash reimbursement. Pro-rated vacation shall be on the basis of one-
twelfth (1/12) of the employee's annual vacation pay for each full month
of service of the
employee during
the employee'
s anniversary year.Article XV PROBATIONARY PERIOD SECTION 1. An employee initially
appointed to a class shall serve a probationary period during which
he/
demonstrate suitability for the job. For all employees herein, the initial
probationary period shall be twenty-six (26) pay periods. An employee who
has been promoted to a higher classification shall be on probation for twenty-
six (26)pay periods. 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 XVI
OTHER LEAVES OF ABSENCE SECTION
1. Leave Without Pav.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
preserve 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
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 the 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 purpose set forth in Subsection (F).
SECTION 2. Personal Necessitv 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. Jurv Dutv. 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. Militarv 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:
19
r-~- --
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) 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. Any employee who engages in outside employment during said leave of
absence without the perm ission of the Police Chief 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 the request for leave of absence.
E. Sick Leave Application. Sick leave may be applied only to absence
caused by illness or injury of an employee and may not extend to absence
caused by illness or injury of a member of the employee's family. 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 (Yo)
hour,while additional actual absence of over one (1) hour shall be charged
to the nearest one-half (Yo) 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.F. Sick Leave Payout Program. Sick Leave shall be paid at the
current rate of pay less 7% pay increase described in Article XIX, Section 1.C.
or the 9% pay increase described in Article XIX, Section 1.D. and be
paid off according to the
following programs:1) All sick leave accrued prior to January 1, 1992 shall fall
under the following
payout
a) Accumulated sick leave balances as of December 31, 1991 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), and 3).
b) 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 two hundred twenty-
eight (228) hours of accrued sick leave, but shall receive ten
percent (10%) pay for the next two hundred fifty-two (252) hours
of accrued leave after the first two hundred twenty-eight (
228) hours of accrued sick leave, and thirty-five percent (35%)
of all accrued
sick leave thereafter.Payment will be based upon the employee's current pay
rate at the
time of retirement.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, 1992 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, 1991, 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 XIX, Section 1. C or the 9% pay increase
described in Article XIX, Section 1.0.; however, any hours accumulated in
excess of three hundred fifty-two (352) hours shall not be eligible
for any of
the following payout programs:a) Employees with accumulated sick leave balances
of less than three hundred fifty-two (352) hours,
combining both sick leave accounts in the calculation to determine
eligibility, shall fall
under the following payout provision:Employees who use less than (3) days (
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 1993 and each subsequent January. Any sick leave
converted
subject to the provisions described under Article XIV, 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,
1993 and each subsequent January. Any sick leave converted to vacation
shall be subject to the provisions described under Article
XIV, 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, 1991, 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,100 to 200 hours) of accrued sick leave
and fifty 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. Bereavement Leave. The death
or critical illness where death appears to be imminent of the employee'
s immediate family. "Immediate family"as used in this subsection, is limited to any
relation by blood, marriage, or adoption, who is a member of the employee's
household (under the same roof)and any parent, substitute parent, parent-in-
law, spouse, child brother or sister of the employee, regardless of
residence.
leave shall not exceed three (3) working days per year. Bereavement leave shall
not be deducted from the employee's accumulated sick leave. An employee on
bereavement leave shall inform his immediate supervisor of the fact and the
reasons therefor as soon as possible. Failure to inform his immediate
supervisor, within a reasonable period of time, may be cause for denial of leave
with pay for the period of absence.
SECTION 7. 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)
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.F. Any employee who engages in outside employment during said leave
of absence without the permission of the Police Chief 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 the request for leave of
absence.
23
G. Employees who have not previously submitted notification of Election of
Personal Physician are required to use only physicians and medical
facilities approved by the City during the first thirty (30) days after an
occupational injury or illness is reported. After the first thirty (30) day
period, an employee may change to a physician specified by him provided
that the physician has the expertise to treat the injury or illness and
agrees to provide timely reports to the City. However, if an employee has
notified the City in writing, prior to the date of injury that he has a personal
physician, the employee shall have the right to be treated by such
physician from the date of injury providing that:
1) The physician has previously directed the medical treatment of the
employee.
2) The physician retains the medical records and history of the employee.
An employee may request one (1) change of physician during the first
thirty (30) days after the injury or illness is reported.
Article XVII
LAY-OFF
PROCEDURES SECTION 1. Purpose. The purpose of this article is to establish and communicate
the City's procedures when a lay-off or reduction in force is necessary. All
Divisions or assignments within the Department are subject to lay-offs or reductions in
force at the direction of the City Manager or the
Chief of Police.SECTION 2. Policy. The City retains the right to abolish any position,
reduce the work force and lay-off employees when it becomes necessary
due to economic conditions,organizational changes, lack of work, or because the necessity of
a position no longer exists. The following criteria shall be followed during a layoff
or reduction in
force.SECTION 3. Procedure.A. The order of layoff or reduction in force within
the Department and by classification shall be
in the following
order.1) Probationary employees
2) Regular full-time employees B. The order of lay-offs and reductions in force
shall be based on seniority within the classification, then Department
seniority,
as
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 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
3A.Management employees demoted or transferred to a lower
classification as a result of lay-off or reduction in force shall be
re-aooointed to vacancies in the previously held higher classification
based upon the employee's seniority as calculated in
Section 3 B.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
F. Employees to be laid off shall be provided written notice at least seven days
in advance of the lay-off. Notice will be hand delivered to the
employee whenever possible. If personal delivery is not possible, the notice must
be sent by certified mail to the last known address of the
employee.G. Regular employees who are laid off shall be placed on a re-
employment list for the last classification held. Names shall be placed on the list
in inverse order of seniority (last released-first re-hired). Vacancies to
be filled will be offered first to employees
on the re-hire list.Other hiring departments will 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 XVIII INSURANCE SECTION 1. HEALTH INSURANCE Effective March 1,
1994 the City shall contract with PERS (Public Employees Retirement
System) to make available those health insurance benefits provided under the Public
Employees Medical and Hospital Care Act (PEMHCA). The PERS Health Benefits Plan
shall replace any other health benefits program
maintained by the City for eligible employees,eligible retirees, and their eligible surviving annuitants.
A. Except as provided in Section 1 B Flexible Benefits
Plan, the City shall contribute toward the payment of premiums under the PERS
Health Benefits Plan on behalf of each eligible active employee, and
to the extent required by law,
each eligible retiree annuitant of PERS, an equal contribution of $16.00 per
month.B. Flexible Benefits Plan Effective March 1, 1994, for active full
time
for optional dental plans, vision plans, health plans, or miscellaneous pay
established in the Section 125 Flexible Benefits Plan.
This City's payment toward the Flexible Benefit Plan is exclusive of the
16.00 payment in Section 1 A.
C. Any amounts in excess of the amounts designated in Section 1 A and B
necessary to maintain benefits under any benefits plans selected by the
employee shall be borne by the employee.
D. An employee cannot be enrolled in the PERS Health Benefits Plan if a
spouse is enrolled in the same agency or enrolled in an agency with
PERS health, unless the employee (or the spouse) is enrolled without
being covered as a family member. Additionally, an employee may
choose to not be enrolled in the Health Benefits Plan. If an employee
chooses not to be enrolled in a health plan the employee must provide
proof, as determined by the Personnel Director, 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
318.00 per month toward the Flexible Benefits Plan. In the event that
the employee loses eligibility (with documentation) then the employee may
re-enroll in the PERS Health Benefits Plan pursuant to the PERS
Health Benefits
Plan.SECTION 2. The City shall continue to contribute to the Association an
amount equal to sixteen dollars and seventy-two cents ($16.72) per month
per regular full-time employee towards a long-term disability insurance
plan. Such 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. Should the total
monthly cost of the long-term disability insurance plan be in excess
of sixteen dollars and seventy-two cents ($16.72) per employee, the
Association or affected employees
shall bear the additional cost.SECTION 3. Effective July 1, 1990, the City shall
contribute ten dollars and two cents ($10.02) per month per employee towards a $
23,000 life insurance benefit.The City shall have the right to change life
insurance carriers and administer the
life
insurance
benefitsprovided
Article XIX
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 (i.e., 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 "A" 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 the purposes
of determining payoffs such as sick leave, floating holiday or vacation accruals,
this 7%increase shall not be considered, and those calculations shall
be based upon the employee's base salary reduced by 7%.
Overtime and compensatory time accruals shall be paid based on salary
including the 7% increase. For purposes of determining the amount of
assignment pay or bonuses, such as education incentive pay described in Article
XI and any special pay described in Article X, excluding Section
2 Bilinaual Bonus, the 7% increase shall
be included.D. The base salary of sworn employees covered by
this agreement described in Exhibit "A" 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 the Public Employees' Retirement System. For the purposes
of determining payoffs such as sick leave, floating holiday or vacation accruals,
this 9%increase shall not be considered, and those calculations shall
be based upon the employee's base salary reduced by 9%.
Overtime and compensatory time accruals shall be paid based on salary
including
the 28
9% increase. For purposes of determining the amount of assignment pay
or bonuses, such as education incentive pay described in Article XI and
any special pay described in Article X, excluding Section 2 Bilinaual
Bonus, the 9% increase shall be included.
E. The employee will be provided with a biweekly payroll statement showing
the amount of contribution as deferred.
Article XX
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, Police
Management and the City agree to the following:
A. Smoking
1) As condition of employment, effective September 1, 1984 new
employees shall refrain from smoking on duty. As a condition of
employment, effective March 6, 1994, all 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.B. Health Fitness - Police Management will develop a mutually acceptable
Health and Fitness Program for all sworn Police personnel. The City and
Police Management will mutually agree to contract a reputable agency
who will be responsible for the development and administration of said
health fitness program. The agency will hereby by referred to as the
provider. Upon completion of the first year the Wellness Committee will
recommend Health and Fitness standards and incentive programs.
C. Administration - The Health and Fitness Program will be comprised of two representatives
from the City, two from C.O.P.A., and two from Police Management.
The purpose of this committee will be to develop,coordinate
and oversee this program.29
r---.
D. Standards - The City and Police Management agree to develop fitness and
health standards including but not limited to the following items:1)
Weight/body fat 2)
Resting heart rate 3)
Blood pressure 4)
Exercise heart rate 5)
Physical agility program 6)
Blood analysis 7)
Stress EKG 8)
Flexibility E.
Druq and Alcohol Proqram - Police Management agrees to support the City-wide
drug and alcohol program and will continue to enforce all inter-department
policies regarding substance use.Article
XXI 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
XXII 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.30
Article XXIII
CITY RIGHTS
SECTION 1. The City reserves, retains, and is vested with, solely and
exclusively, all rights of Management which have not been expressly abridged by
specific provisions of this Memorandum of Understanding or by law to manage
the City, as such rights existed prior to the execution of this Memorandum of
Understanding. The sole and exclusive rights of Management, as they are not
abridged by this Agreement or by law, shall include, but not be limited to, the
following rights:
A. To manage the City generally and to determine the issue of policy.
B. To determine the existence or non-existence of facts which are the
basis of the Management
decision.C. To determine the necessity of organization of any service or
activity conducted by the City and expand or diminish
services.D. To determine the nature, manner, means, and technology, and extent
of services to be provided to the
public.E. Methods of
financing.F. Types of equipment or technology to be
used.G. To determine and/or change the facilities, methods, technology,
means,and size of the work force by which the City operations are to
be
conducted.H. To determine and change the number of locations, relocations, and
types of operations, processes, and materials to be used in carrying out all
City functions including, but not limited to, the right to contract for
or subcontract any work or operation of the
City.I. To assign work to and schedule employees in accordance
with requirements as determined by the City, and to establish and
change work schedules and
assignments.J. To relieve employees from duties for lack of work or similar
non-disciplinary
reasons.K. To establish and modify productivity and performance programs
and
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 and to
determine the assignment of new classifications to the bargaining unit.
N. To hire, transfer, promote, and demote employees for non-
disciplinary reasons in accordance with this Memorandum of
Understanding.O. To determine policies, procedures, and standards for selection,
training,and promotion of
employees.P. To establish employee performance standards including, but not
limited to, quality and quantity standards; and to require compliance
therewith.Q. To maintain order and efficiency in its facilities and
operations.R. To establish and promulgate and/or modify rules and regulations
to maintain order and safety in the City which are not in contravention
with this
Agreement.S. To take any and all necessary action to carry out the mission of the City
in
emergencies.SECTION 2. Except in emergencies, or where the City is required to
make changes in its operations because of the requirements of law, whenever
the contemplated exercise of Management's rights shall impact on a
significant number of employees of the bargaining unit, the City agrees to meet and
confer in good faith with representatives of the Association regarding the impact of
the contemplated exercise of such rights prior to exercising such rights, unless
the matter of the exercise of such rights is provided for in this Memorandum
of
Understanding.Article
XXIV NO
STRIKE PROHIBITED
CONDUCT SECTION 1. The Association, its officers, agents, representatives, and/
or members agree that during the term of this Agreement, they will not cause
or condone any unlawful strike, walkout, slowdown, sick-out, or any
other unlawful job action by withholding or refusing to
perform services.SECTION 2. Any employee who participates in any conduct
prohibited in Section 1 above shall be subject to termination by the City in
accordance
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 A, Association Responsibility, the City may
suspend any and all of the rights, privileges, accorded to the Association under
the Employer-Employee Relations Resolution in this Memorandum
of Understanding, including but not limited to suspension of the
Grievance Procedure and dues
deduction.ASSOCIATION
RESPONSIBILITY SECTION 1. In the event that the Association, its officers,
agents,representatives, or members engage in any of the conduct prohibited in
Section 1 above, Prohibited Conduct, the Association shall immediately instruct
any persons engaging in such conduct that their conduct is in violation of
this Memorandum of Understanding and unlawful, and they must immediately
cease engaging in conduct prohibited in Section 1 above, Prohibited Conduct,
and return to
work.SECTION 2. The City agrees to hold the Association harmless and
indemnify the Association against any claims, causes of actions, or lawsuits arising out
of damages related to prohibited conduct in Section 1 above, Prohibited
Conduct,when the Association, in good faith, performs its responsibilities under Section
A 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 Davs. Business days mean calendar days, exclusive
of Saturdays, Sundays, and legal holidays recognized by the
City.SECTION 3. Time Limit for Filina 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
33
representative of the City and the grieving party. Failure of the grieving party to
comply with any of the time limits set forth hereunder shall constitute a waiver
and bar further processing of the grievance. Failure of the City to comply with
the time limits set forth in this Article shall automatically move the grievance to
the next level in the Grievance Procedure. The grieving party may request the
assistance of the Association in presenting a grievance at any level of review or
may represent himself. Grievances shall be presented on City time.
SECTION 4. Informal Process. An employee must first attempt to resolve the
grievance on an informal basis by discussion with his immediate supervisor
without undue delay, or in no case, more than five (5) business days from the
date of the alleged incident giving rise to the grievance, or when the grievant
knew or should have reasonably become aware of the facts giving rise to the
grievance.
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. The grievant is to state the remedy requested the resolution of the
grievance.
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. 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. The written grievance shall include the remedy requested
for resolution of the grievance.
SECTION 5. Formal Process. Personnel Officer. 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. Citv Manaaer. 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.
34
u_~
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 XXVI
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 hereunder. This Memorandum of Understanding is not
intended to conflict with federal or state law.
Article XXVII
WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT
SECTION 1. 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 XXVIII
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
35
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 XXIX
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 XXX
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 September 30, 1995.
Article XXXI
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 rntday of
pri 1 , 1994.
CITY OF ORANGE
bYy?f!,~
by:
CITY OF ORANGE POLICE
MANAGEMENT ASSOCIATION:
by:
EXHIBIT "A"
EFFECTIVE March 6, 1994
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 STEP E STEP F
Police Captain 541 5297 5568 5851 6150 6464 6793
Police Lieutenant 513 4607 4842 5089 5348 5621 5908
Police Sergeant 474 3793 3986 4189 4403 4627 4863
Crisis Intervention Cslr 474 3793 3986 4189 4403 4627 4863
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 STEP C STEP D STEP E STEP F
Police Captain 551 5568 5852 6151 6464 6794 7141
Police Lieutenant 523 4843 5089 5349 5622 5909 6210
Police Sergeant 484 3987 4190 4404 4628 4864 5112
Crisis Intervention Cslr 484 3987 4190 4404 4628 4864 5112
37