RES-8350 Amending Resolution No. 7614l.A~ ,!,' -'~Y / ,'- 4" '_'
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RESOLUTIONNO. 8350
A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING
RESOLUTION NO. 7614 RELATING TO THE
WAGES, HOURS, AND OTHER CONDITIONS OF EMPLOYMENT
FOR EMPLOYEES OF THE PROFESSIONAL, TECHNICAL
AND CLERICAL UNIT, EFFECTIVE JUNE
26,1994, THROUGH AND INCLUDING JUNE 24,
1995.WHEREAS, the City
of Orange, hereinafter referred to as "CITY," and the Professional,Technical and Clerical
Unit, represented by Orange County Employees Association, have met and conferred in
accordance with requirements of the Meyers-Milias-Brown Act; and WHEREAS,
CITY and the Professional, Technical and Clerical Unit, have reached an agreement
on wages, salaries, and other working conditions effective June 26, 1994, through June
24, 1995, and repealed Resolution No. 7614 and amendments thereto for said employees,
as set forth in the Memorandum of Understanding.NOW,
THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that the
agreement between the Unit and the City is approved and that a Memorandum of Understanding (
MOU) will be finalized and incorporated by reference as Exhibit "A".ADOPTED
this 28.t~ay of June 19.241?
1#~~ ~f}:r4PM1/CityClerk0heCi~ of range C:;'~
F BEYER Mayor
of the City of Orange By:~~~
q~_Ma
or P em Attest:
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 2.8.tliayof ,T,mp , 1994 by
the following vote:AYES:
COUNCILMEMBERS: SPURGEON, BARRERA, COONTZ, MURPHY NOES:
COUNCILMEMBERS: NONE ABSENT:
COUNCILMEMBERS: MAYOR BEYER c8~~~~
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ORANGE
AND
ORANGE COUNTY EMPLOYEES' ASSOCIATION
JUNE 26, 1994 THROUGH JUNE 24, 1995
TABLE OF CONTENTS
Article
No. Title of Article Paqe No,
Recognition 1
Non-Discrim ination
1 III Salaries
1 IV Probation
6 V Promotion
6 VI Demotion
7 VII Reassignment of Compensation Ranges
7 VIII WorkWeek
8 IX Overtime Call Back Compensation
8 X Holidays
9 XI Vacation
10 XII Leaves of Absence
11 XIII Insurance
17 XIV Safety Equipment
19 XV Educational Reimbursement
19 XVI Travel Expense Allowed
21 XVII Retirement
21 XVIII Employee Organizational Rights and Responsibility
22 XIX City Rights
22 XX Fringe Benefit Administration
24 XXI Safety and Health
XXII Grievance Procedure 24
XXIII No Strike - No Lockout 26 XXIV
Layoff 26 XXV
Sole and Entire Memorandum of Understanding 27 XXVI
Waiver of Bargaining During the Term of this Agreement
27 XXVII
Emergency Waiver Provision 27 XXVIII
Separability Provision 27 XXIX
Term of Memorandum of Understanding 28 XXX
Ratification and Execution 28
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 "City"), for the
purpose of meeting its obligations under the Meyers-Milias-Browan Act (
Government Code Section 3500 et seq.), Employee Relations Resolution No. 3611 and this
Agreement, has recognized the Orange County Employees' Association (hereinafter called "Association")
as the majority representative of the Professional, Technical and
Clerical bargaining
unit.
Article II NON-DISCRIMINATION SECTION 1. The parties mutually recognize and agree to protect
the rights of all employees hereby to join and/or participate in protected Association activities
or to refrain from joining or participating in protected activities in
accordance with the Employer-Employee Relations Resolution and Government
Code Sections 3500 et. seq.SECTION 2. The City and the Association agree that
they shall not discriminate against any employee because of race, color, sex, age, national origin,
political or religious opinions or affiliations. The City and the Association shall reopen any provision
of this Agreement for the purpose of complying with any order of a federal or state
agency or court of competent jurisdiction requiring a modification or change in any provision
or provisions of this Agreement in compliance with
state or federal anti-discrimination laws,SECTION 3. Whenever the masculine gender
is used in this Memorandum of Understanding, it shall be
understood to
include
the feminine gender.Article III SALARIES SECTION 1. BASIC COMPENSATION PLAN.
There is hereby established a basic compensation plan for all members of the bargaining unit who are
now employed or will in the future be employed in any of the designated
classifications of employment listed in this
Memorandum of Understanding and its attachments.SECTION 2. Salaries effective June 26,
1994 through June 24, 1995 employees covered by this agreement are listed in Appendix A. The
salary and wage schedules listed in Exhibit "A" of this Resolution constitute the basic monthly
compensation plan based on a forty hour work week. For the term of
this agreement, employees represented by this Memorandum of Understanding shall receive a
prorated portion of the basic monthly compensation plan based upon hours
actually worked in a work week.The salary and wage schedules attached hereto
shall
consisting of six steps or rates of pay in each range. The respective ranges shall be identified
by number and the steps by the letters "A" to "F" inclusive. The 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 Appendix "A"
attached hereto are monthly compensation rates.
For all employees who have a regular weekly work schedule of 40 hours, the hourly rate of
pay shall be the monthly rate times 12 divided by 2080 annual hours.
In determining the hourly rate as herein provided, compensation shall be made to the nearest
one-half (%)
cent.All part-time employees may be considered for advancement to the next higher
step upon completion of hours of employment equal to the minimum number of months
of service required for full-time employees. 1,040 hours of part-time employment
shall
equal six months service.SECTION 4. BEGINNING RATES. A new employee of the City of
Orange shall be paid the rate shown 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
Memorandum shall be defined to mean continuous, full-time service in his present
classification, service in a higher classification, or service in a classification allocated to the
same salary range and having generally similar duties and requirements. A lapse of service by any
employee for a period of time longer than 30 days by reason of resignation or discharge
shall serve to eliminate the accumulated length of service time of such employee for
the purpose of this Memorandum.Such employee re-entering the service of the City of Orange
shall be considered as a new employee, except that he may be re-employed within one
year and placed in the same salary step in the appropriate compensation range as he was
at
the time of the termination of employment.SECTION 6.
ADVANCEMENT WITHIN SCHEDULE. The following
regulations shall govern salary advancement within ranges:A. Merit Advancement.
An employee may be considered for advancement through salary range upon completion of the
minimum length of service as specified in NO.3 below. Advancement through the
salary range may be granted only for continuous, meritorious, and
efficient service, and continued improvement by the employee in the effective performance of the
duties of his position. A merit increase shall become effective the first day of the pay
period following completion of the length of service required for
such
1) The department head in which the employee is employed shall file with
the Personnel Director a statement recommending the grant or denial of the merit
increase and supporting such recommendation with specific reasons therefore.
2) The recommendation of the department head and the approval of the
Personnel Director shall be forwarded to Finance for change of payroll status. A
disapproval, together with the reasons therefore, shall be returned to the
department head.
3) Advancement through the pay range Step "A" through Step "F" shall
occur in yearly increments.
B. The City shall implement a system of flexible staffing for certain positions in
this bargaining unit. Employees in the classifications of Code Enforcement Officer I,
Building Inspector, Administrative Clerk I, Engineering Technician I, Assistant Civil
Engineer, Surveyor I, Assistant Planner, Water Quality Inspector I and Librarian I are
eligible for the classification of Code Enforcement Officer II, Combination Building
Inspector, Administrative Clerk II, Engineering Technician II, Associate Civil Engineer,
Surveyor II, Associate Planner, Water Quality Inspector II and Librarian II respectively.
To qualify for the higher level position the employee must be performing at a competent
level and have gained the experience and knowledge to perform the full range of
journey level tasks and fulfilling any special requirements based on the judgment of the
applicable Department Head,
C, Special Merit Advancement. In such cases as may occur wherein an
employee shall demonstrate exceptional ability and proficiency in the performance of his
duties, his department head may recommend to the City Manager that said employee be
advanced to a higher pay step without regard to the minimum length of service
provisions contained in this Memorandum. The City Manager may, on the basis of a
department head's recommendation, approve and effect such an advancement.
D, Length of Service Required When Advancement is Denied. When an
employee has not been approved for advancement to the next higher salary step, he
may be reconsidered for such advancement at any subsequent time, This
reconsideration shall follow the same steps and shall be subject to the same action
as provided in the above paragraph of this section.
E. Working Out of Class. The City may work employees out of classification for
up to 15 consecutive working days without additional compensation.
Working out of class assignments shall only be made for positions vacated due
to illness or an approved leave of absence, An employee shall receive acting time pay at
the "A" Step of the higher class, but shall receive not less than 5% above the employee's
regular salary, for work performed within the scope and responsibilities of the higher
classification on the 16th consecutive day out of class, and for each consecutive day
thereafter an employee works out of class. The department head or assistant
3
department head shall assign the employee to work out of classification but shall notify
the Personnel Director prior to the assignment. To qualify for working out of class pay,
the employee must be performing the significant duties of the higher level position and
meet the minimum requirements of the higher level class.
During the 15 consecutive working day eligibility period before an employee is
entitled to receive acting time pay, absence for any reasons, (sick leave, compensatory
time, vacation), except absence due to regularly scheduled holiday or a regularly
scheduled day off, shall break consecutiveness and cause an employee to be ineligible
to receive acting time pay.
SECTION 7. REDUCTION IN SALARY STEPS. Any employee who is being paid on a
salary step higher than Step "A" may, for disciplinary reasons, be reduced by one or more
steps upon the recommendation of the head of the department in which he is employed with
the approval of the City Manager. Procedure for such reduction shall follow the same
procedure as outlined for merit advancement and such employee may be considered for re-
advancement under the same provisions as contained in Subsection A of Section 6.
SECTION 8. SHIFT DIFFERENTIAL. All regular full-time library personnel and all
part-time library personnel (budgeted to work 20 hours or more per week on a fiscal year
basis)who are regularly assigned on a weekly basis to a shift after 6:00 p.m. and Saturday, shall
be eligible to receive shift differential pay as
follows:A) The rates per classification are as
follows:
Classification Librarian
II Librarian
I Sr. Library
Assistant Library
Assistant Sr. Library
Clerk Library
Clerk Library
Page Hourly
Rate Shift
Differential 65 per
hour 65 per
hour 53 per
hour 53 per
hour 53 per
hour 37 per
hour 37 per
hour 8) All eligible employees who were assigned to a shift after 6:00 p.m. and
on Saturday prior to July 15, 1990, shall receive shift differential above their base hourly rate
for all hours worked. The amount of shift differential paid shall be determined by the employee'
s classification during the period of shift
assignment.All eligible employees assigned to the aforementioned shift prior to July 15, 1990
and who are subsequently removed from the shift assignment and who are then reassigned on
a weekly basis to a shift after 6:00 p.m. and on Saturday shall be compensated based only
on hours actually worked after 6:00 p.m. and on
Saturday.
All eligible employees assigned to the aforementioned shift and who remain assigned to
a shift after 6:00 p.m. and Saturday throughout the term of this agreement shall, upon
expiration of the furlough program, receive shift differential based on hours actually worked
after 6:00 p.m. and on Saturday.
B. All eligible employees assigned to a shift after 6:00 p.m. and on Saturday after
July 15, 1990, shall receive shift differential above their base hourly rate for only hours worked
after 6:00 p.m. and on Saturday. The amount of shift differential shall be determined by the
number of hours worked after 6:00 p.m. and on Saturday and the employee's classification
during the period of shift assignment.
In no event shall the provisions described within this section apply to any personnel who
are holding over, extending, or filling in on an overtime basis their regular work shift.
Whenever two or more rates may appear applicable to the same hour or hours worked
by any employee, there shall be no pyramiding or adding together of such rates and only the
higher applicable rate shall apply.
SECTION 9. SHORTHAND SKILLS ASSIGNMENT. Effective July 15, 1990, new
employees who are employed in the classification of Secretary and who are assigned to a
position requiring shorthand skills may receive $50.00 per month shorthand bonus based on
criteria established by the Personnel Director.
Employees assigned to secretary positions prior to July 15, 1990 shall receive $50.00
per month shorthand bonus pay.
SECTION 10. RIDESHARE INCENTIVE PROGRAM. An employee may receive $30.00
per month and eight hours of compensatory time every six months for carpooling, using
public transportation, biking, walking, or using other approved modes of transportation to the
work-site. An employee must use one of the above-mentioned forms of
transportation a minimum of 70% of his commuting time to qualify for
these incentives.SECTION 11. PERFORMANCE EVALUATIONS. The City shall maintain
an employee performance rating system designed to give a fair evaluation of the quantity and
quality of work performed by
an employee,A. Performance evaluation reports shall be prepared and recorded
in the employee's personnel file for all permanent full-time and permanent
part-
time employees as follows:For probationary employees, upon completion
of a probationary period.For non-probationary employees, upon completion of
the
next
B. Prior to the performance evaluation report becoming part of the employee's
personnel file, the supervisor and the employee must review the evaluation.
C. When a performance evaluation is recorded in the employee's personnel file a
copy of the evaluation shall be given to the employee.
D. The performance evaluation shall be considered a confidential City record and
the information shall not be disclosed except on a need-to-know basis as
determined
by management.E. Any disputes as to the contents of the evaluation shall first be
discussed with the employee's immediate supervisor and may be appealed through
the appropriate chain of command up to the Department Head whose decision will be final
and binding.
Article
IV PROBATION SECTION 1. An employee initially appointed to a class shall serve a
probationary period during which time he shall have an opportunity to demonstrate suitability for the job.
For a professional or technical employee, the probationary period shall be 26 pay periods.
For a clerical employee, the probationary period shall be 13 pay periods. Under
certain conditions,with approval of the City Manager, the department head may extend the
probationary period up to and including a maximum of 13 pay periods, The employee shall
attain permanent status in the class upon successful completion of the probationary period.
An initially appointed probationary employee shall not be entitled to
appeal termination.SECTION 2. An employee promoted to a class shall serve a probationary
period during which time he shall have an opportunity to demonstrate suitability for the job.
For a professional or technical employee, the probationary period shall be 26 pay periods.
For a clerical employee, the probationary period shall be 13 pay periods. Under
certain conditions,with the approval of the City Manager, the department head may extend
the probationary period up to and including a maximum of 13 pay periods, An employee shall
attain permanent status in the higher class upon successful completion of the probationary
period. An employee who does not satisfy the standards of the class during the probationary
period shall be notified in writing and termination or demotion procedures shall be initiated.
An employee rejected or laid off during the probationary period from a position to which he
has been promoted shall be returned to the classification in which he has regular status
unless the reasons for his failure to complete his probationary period would be cause
for dismissal.
Article
V PROMOTION SECTION 1. When an employee is promoted to a position in a higher
classification, he may be assigned to Step "A" in the appropriate range for the higher
classification;
however, that if such employee is already being paid at a rate equal to or higher than Step "A",
he may be placed in the step in that appropriate salary range as will grant him an increase of
at least one, but no more than three salary steps. When eligibles remain in higher bands, and
a department head selects an eligible in a lower band, upon request, the eligible in higher
bands will be notified of the reasons for their non-
selection.Article
VI
DEMOTION SECTION 1. When an employee is demoted, for disciplinary reasons to a position in
a lower classification, his salary rate shall be fixed in the appropriate salary range for the
lower classification in accordance with the following
provisions:A. The salary rate shall be reduced by at least one
step.B. The new salary rate must be within the salary range for the classification
to which
demoted.Article
VII REASSIGNMENT OF COMPENSATION
RANGES SECTION 1. Any employee who is employed in a classification which is allocated to
a different pay range 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
step,the City Manager may, at his discretion, at the time of reassignment, place the
employee in a step which will result in an increase of only one
step.B. That if the reassignment shall be to a lower compensation range, the "F"
step of which shall be lower than the existing rate of pay at the time of reassignment,
the employee shall continue to be paid at the existing rate of pay until such time as
the position shall be reassigned to a compensation schedule which will allow for
further salary advancement, or until such time as the employee is promoted to a
position assigned to a higher compensation
range.C. That if the reassignment is to a lower compensation range, the "F" step
of which is higher than the existing rate of pay, the employee shall be placed in that step
of the lower compensation range which is equivalent to the existing rate of pay, and
shall retain credit for length of service previously acquired in such step toward
advancement to the next higher
step.
D. The City Manager shall be permitted to reduce the salary range of any
classification, but shall not be able to increase the range when any position is vacant.
Article VIII
WORKWEEK
SECTION 1, The regular work week for all employees covered by this agreement shall
be 40 hours per week. For the term of this agreement, the regular work week for all budgeted,
full-time employees covered by this agreement and participating in the temporary
furlough program shall be 36 hours per
week.SECTION 2. REST BREAKS. Employees are entitled to two 15 minute rest
breaks,unless an emergency requires continued work, as determined by the employee's
supervisor.An employee shall be permitted to take one rest break during the first half of the work shift
and one rest break during the second half of the work shift. Rest breaks shall be scheduled
to ensure that public counters and telephones are covered at all times during the regular
working day and are designed to provide a period of relaxation and/or nutrition during each half of
the working day. If a rest break is not taken, it shall not be accumulated, but shall be lost and
not charged in the future to the
City.Article
IX OVERTIME CALL BACK
COMPENSATION SECTION 1. OVERTIME (COMPENSATORY
TIME).A. An employee covered by this Memorandum having an average work week
of thirty-six hours or forty hours shall be entitled to compensatory time for all
hours worked in excess of 40 hours within the employee's work week. Compensatory time
shall be accumulated at the rate of one hour of compensatory time for each one hour
of
overtime worked.Only time actually worked shall count in the computation of overtime,
except the time off due to excused absence for holidays, accumulated compensatory
time off,vacation, and sick leave shall be counted toward the computation of
overtime. For employees participating in the temporary furlough program, only time
actually worked shall count in the computation of overtime, except the time off due to
excused absence for holidays falling on Monday through Thursday in any work
week, accumulated compensatory time off, vacation and sick leave, shall be counted toward
the computation of overtime. Compensatory time shall be accumulated to the nearest Yo
hour increment.Where an employee works less than Yo hour per day of overtime, the employee
shall not receive compensatory time, and such time shall not count toward the
computation of overtime. In order to be entitled to compensatory time, such compensatory time
must be authorized by the department head or his authorized agent. An employee shall
not be entitled to accumulate compensatory time in excess of 80 hours during
any
year. Any accumulated compensatory time accrued in excess of said 80 hours shall be
automatically paid. Except that, for the term of this agreement, for employees
participating in the temporary furlough program, any accumulated compensatory time
accrued in excess of said 80 hours must be taken as time off within one month of date
the employee exceeds the 80 hour limit or the excess hours shall be forfeited.
Furthermore, during the term of this agreement, employees shall waive the right to
convert accumulated compensatory time to cash.
B. Payment of Compensatory Time, Overtime shall be paid at the regular rate of
payor equal time off, when authorized by the department head and approved by the City
Manager.
C. Payment Upon Termination. Employees shall be entitled to receive payment
for all accumulated compensatory time upon their termination.
SECTION 2. CALLBACK COMPENSATION.
If employees having completed a normal work week of 40 hours, or those
employees participating in the furlough program having completed a work week of 36 hours,
are required to report back to work after completing a normal work shift and have left the city
premises and/or work location, they shall be compensated in cash or as compensatory time off
at the straight time rate for actual hours of work with a minimum of 3 hours call back
compensation, regardless of whether the employee works less than three hours. This
provision shall be applicable to employees although the employees' work week is not
completed, but shall not apply to employees who are continuing on duty.
Article X
HOLIDAYS
SECTION 1. For all employees as described herein, the holiday procedure shall be as
follows:
A. The following shall be eight hour paid holidays excluding number nine which
provides for a paid four hour 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) One-half day before Christmas for 40 hour personnel, if December
24 falls on a Monday through
Thursday.10) Christmas
Day
B. Floating Holiday. Effective each July 1 of each year, employees will have
credited one eight hour floating holiday during the course of this agreement which shall
be taken as time off from work during the fiscal year in which the floating holiday was
earned. The floating holiday shall be taken at the convenience of the city with approval
of the department head or his duly authorized agent. The floating holiday is not
accumulated and shall be forfeited should it not be taken during the fiscal year it was
earned. Employees under this section who terminate their employment with the city prior
to using the floating holiday shall receive cash reimbursement for said holiday. C. In
the event any of the above holidays, except one-half day before Christmas, fall on
a Sunday, the following day will be taken in lieu of the actual date on which the
holiday falls. When any of the above holidays fall on a Saturday, except one-half
day before Christmas, the preceding Friday will be taken in lieu of the actual date on
which the holiday falls. Except that, for the term of this agreement, for
those employees participating in the temporary furlough program, when any of the above holidays
falls on a Friday or Saturday, except one-half day before Christmas, employees
will be credited with eight hours of holiday compensatory time. Accumulated
holiday compensatory time must be used by the employee by the end of the calendar year in
which
it was accumulated.D. In order to be eligible to receive holiday pay, an employee
must have worked,or be deemed to have worked because of a lawful absence, the
employee's regularly scheduled day before and regularly scheduled day after the
holiday. Should an employee fail to work the employee's regularly scheduled day before
and after the holiday, the employee shall not be entitled
to holiday pay.E. Should one of the holidays listed above fall during an
employee's vacation period while an employee is lawfully absent with pay, the employee
shall receive holiday pay and no charge shall be made against the employee'
s accumulated vacation.F. The Library Director shall rearrange the work schedule for that
week for the Library staff to ensure that those employees have worked not more than
the number of hours worked by regular City employees within a period not to exceed
one year
following the
holiday.
Article XI
VACATION SECTION 1.A. All full-time, regular employees who work an average 40
hour work week and who have one year's continuous service shall thereafter be entitled
to a vacation as follows, except that, for the term of this agreement,
employees participating in the temporary furlough program who work a 36 hour work week and who
have one year's continuous service shall thereafter be entitled to
a
After Year's
of service
1 through 4
5 through 10
11
12
13
14
15 through 24
25 or more
Vacation Hours
Per Year
80
120
128
136
144
152
160
200
B. Vacation shall be taken at the convenience of the City with the approval of the
department head. Where possible, such vacation should be taken annually and not
accumulated from year to year. Vacation hours not in excess of the equivalent number
of hours earned in the immediately preceding 24 month period may be accumulated with
the permission of the department head and the City Manager. Employees shall not
accumulate vacation in excess of the equivalent number of hours earned in the
immediately preceding 24 month period. All vacation hours in excess of the equivalent
number of hours earned in the immediately preceding 24 month period not taken by the
employee shall be forfeited.
C. An employee may convert up to 50% of his current annual vacation accrual
into pay in lieu of time off with pay. An employee requesting such a conversion must
meet the eligibility requirements as set forth in Section 1 and may so convert once in a
calendar year. For the term of this agreement, this provision shall be waived.
D. Employees who terminate their employment with the City prior to one year of
full-time employment shall not accrue any vacation benefits, either in
cash reimbursement or time off, and shall not be entitled to any compensation
upon termination prior to the completion of their first year of employment with the City
except as otherwise provided by
law.E. Employees who terminate their employment with the City after one year of
full-time employment shall be paid for all accrued vacation, if any, and the prorated portion
of their unused vacation. Prorated vacation shall be on the basis of one-twelfth (1/
12) of the employee's annual vacation pay for each full month of service of the
employee during the employee's anniversary year
of employment.
Article XII LEAVES
OF ABSENCE
SECTION 1.A. Leave of Absence Without Pav. For all regular employees
as described herein, the following Leave Without Pay procedure
shall
1) After all available leave benefits, including vacation, compensatory time,
and other leave benefits have been completely used, a regular employee, not
under suspension, may make application for leave without pay. If the department
head and the City Manager agree that such leave is merited and in the interest of
the City, leave may be granted for a period not to exceed six months, following the
date of expiration of all other leave benefits. No employment or fringe benefits
such as sick leave, vacation, health insurance, retirement, or any other benefits
shall accrue to any employee on leave of absence without pay. During a leave
without pay in excess of five working days, no seniority shall be accumulated.
Such leave shall be granted on the same basis for pregnancy, childbirth and other
medically related conditions, except that such an employee shall retain her
seniority rights. Any request for a medical leave of absence shall include a
verifiable physician's note indicating the required period of medical leave.
2) At the end of such leave, if the employee desires additional leave,
written application must be made to the City Manager stating the reasons why the
additional leave is required and why it would be in the best interests of the City to
grant such leave of absence. If, in the City Manager's opinion, such additional
leave is merited and would still preserve the best interests of the City, he may
approve such extension of the leave of absence for a period not to exceed an
additional six months. If the employee does not return to work prior to or at the
end of such leave of absence or extension of leave of absence, the City shall
consider that the employee has terminated his employment with the City.
3) Subject to and consistent with the conditions of the group health, life or
disability plan, coverage may be continued during a leave, provided direct
payment of the total premium is made through and as prescribed by the Payroll
Division of the City.
4) An employee on leave of absence must give the City at least seven
days written notice of the employee's intent to return to work,
5) Any employee who engages in outside employment during said leave
of absence without prior notifications and approval of the City Manager and
department head shall be subject to termination. Any employee who falsified the
reason for the request for said leave of absence may be terminated for falsifying a
request for leave of absence or extension thereof.
B. Industrial Leave. For employees as described in Exhibit "A" herein, industrial
leave shall be granted as follows:
1) A regular employee who is temporarily or permanently disabled as a
result of injury or illness determined to be compensable under the Worker's
Compensation Act shall be granted industrial leave on the following terms and
conditions:
12
a) An employee granted industrial leave shall continue to be
compensated at his regular rate of pay during the first 30 calendar days of
his injury. Except that, for employees participating in the temporary
furlough program, employees shall continue to be compensated at his rate
of pay based on 36 hour work week during the first thirty calendar days of
his injury. Following this period, the employee still on approved industrial
leave shall be compensated at 80% of his regular rate of pay up to a
maximum of 335 calendar days in lieu of temporary disability payments.
Except that, for employees participating in the temporary furlough
program, employees still on approved industrial leave shall be
compensated at 80% of his rate of pay based on a 36 hour work week, up
to a maximum of 335 calendar days in lieu of temporary disability
payments.
1) Any temporary disability payments made to an employee by the
State Compensation Insurance fund shall be remitted to the City
Treasurer.
b) Should it be determined that an employee's illness or injury did not
arise in the course of the employee's employment with the City and that
the employee is not temporarily or permanently incapacitated or disabled,
as a result of the injury or illness, then the employee's accrued, or if
sufficient, future sick leave shall be charged to reimburse the City for any
payments made to the employee pursuant to (1) (a) above.
c) An industrial leave of up to one year shall be authorized for each
injury or illness determined to be compensable under the Worker's
Compensation Act.
d) No employee shall have accrued sick leave deducted while on
industrial leave. Vacation and sick leave shall accrue for an employee on
industrial leave.
e) Industrial leave shall expire when any of the following conditions
occur:
1) Em ployee is able to return to work to his regular position.
2) The employee is able to return to work to another position
designated by the City.
3) The day before the employee is retired or separated for
disability. The employee's "retirement date" shall be determined by
the Public Employee's Retirement System.
4) After 52 weeks of industrial leave.
13
f) Employees who have not previously submitted notification of
Election of Personal Physician are required to use only physicians and
medical facilities approved by the City during the first 30 days after an
occupational injury or illness is reported. After the first 30 day period, an
employee may change to a physician specified by him provided the
physician has the expertise to treat the injury or illness and agrees to
provide the timely reports to the City. However, if an employee has
notified the City in writing, prior to the date of injury that he has a personal
physician, the employee shall have the right to be treated by such
physician from the date of injury providing that:
1) The physician has previously directed the medical treatment of
the employee.
2) The physician retains the medical records and history of the
employee.
An employee may request one change of physician during the first 30 days
after the injury or illness is reported.
C. Jurv Duty and Services as Witness for Citv. When required to serve on a jury,
all employees shall have time off for a period of actual service required on the jury.
Employees shall receive their regular pay for up to 30 calendar days while serving on
jury duty, provided all jury fees paid to the individual employee, less allowed automobile
expenses, are turned over to the City. If an employee is called as a witness, on behalf of
the City, he shall receive his normal pay for the time spent by the employee serving as a
witness for the City. Employees shall be required to pay any witness fees that accrue to
the employee for his witness service to the City as a condition of receiving his normal
pay while serving as a witness for the City.
D. Personal Necessitv Leave. Employees as described in Exhibit "A" may be
allowed up to one working day per month without pay, up to a maximum of six working
days per fiscal year, for personal business with approval of the department head.
Employees shall accrue no employment benefits for any personal necessity leave in
excess of six days per fiscal year. 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, time taken shall be to the nearest hour, with
a minimum charge of one hour.
E. 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.
F. Sick Leave. Sick leave with pay shall be allowed, credited, and accumulated in
accordance with the following:
14
1) For employees working a regular 40 hour week, eight hours of sick
leave will accrue for each month of continuous service. For the term of
this agreement, for employees participating in the temporary furlough
program and working a 36 hour work week, eight hours of sick leave will
accrue for each month of continuous service.
2) Sick leave will be charged at the rate of one hour for each hour an
employee is absent.
3) Any employee eligible for sick leave with pay may use such leave
for the following reasons:
a) Medical and dental office appointments during work hours
when authorized by the department head or his authorized agent;
and/or
b) Personal illness or physical incapacity resulting from causes
beyond the employee's control; including pregnancy, childbirth and
other medically related conditions; and/or
c) 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 sub-section, shall include
husband,wife, parent, brother, sister, child, grandchild, grandparent,
mother-in-law, father-in-law, brother-
in-law and sister-in-law of employee,regardless of
residence. Days of absence due to bereavement leave shall not exceed 40 hours
and shall 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 sick
leave with pay for the period of absence.d)
Notwithstanding subsection (3) 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.e) Family Leave. An employee
is allowed up to 27 hours per fiscal year for family illness
which shall be
charged against the employee's accumulated sick leave.4) Sick Leave Application. Sick leave
may be applied only to absence caused by illness or injury of an employee and may
not extend to absence caused by illness or injury of a member of the employee's family except
as provided in 3(e). 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 hour,
while additional actual absence of over one hour shall be charged to the nearest full
hour.
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.
5) Upon retiring from City service and entering the Public Employees' Retirement
System, an employee shall receive no pay for the first 60 days of accrued sick leave, but
shall receive 25% pay for the first 30 days of accrued sick leave after the first 60 days of
accrued sick leave, and 50% of all accrued sick leave thereafter.
6) Upon the death of an employee while employed by the City, 100% of all
accrued sick leave benefits shall be paid to the beneficiary of the deceased employee.
Payment will be made when proper authorization for payment is received from the estate
of the decedent employee.
7) 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 F (3) 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.
8) When sick leave is used in accordance with Section F (3) above, the City will
first charge the earliest accrued sick leave, then the next earliest, and so on (first-in,
first-
out).9) Notwithstanding any other provision herein, a 40 hour per week employee
who is initially hired after July 1, 1980 shall be allowed to accumulate and be credited
with sick leave with pay only up to a maximum of 520 hours. Sick leave hours in excess
of such maximum shall be
forfeited.10) As set forth above, sick leave may not be utilized for service
connected illness or injury A state or federally funded grant employee who is not otherwise
eligible or entitled to industrial leave benefits as set forth in Section B above may utilize
accrued sick leave during the statutory waiting period and in order to supplement his
workers'compensation benefits to a sum equal to the difference between his wages
and compensation benefits to the extent of such sick leave
accruals.Section
2.A. Familv Care and Medical Leave (FCMLl. State and Federal laws require the city
to provide family and medical care leave for eligible employees. The following provisions
set forth employees' and employer's rights and obligations with respect to such leave. Rights
and obligations which are not specifically set forth below are set forth in the city's
Administrative Manual, Personnel Section, #2.61. Any provisions not set forth in the Administrative
Manual are set forth in the Department of Labor regulations implementing the Federal Family
and Medical Leave Act of 1993 (FMLA) and the regulations of the California Fair Employment
and Housing Commission implementing the California Family Rights Act (CFRA) (
Government
Code Section 12945.2). Unless otherwise provided, "Leave" under this article shall mean
leave pursuant to the FMLA and CFRA.
An employee's request for leave is subjec.t to review and final approval of the Personnel
Director.
1. Amount of Leave. Eligible employees are entitled to a total of 12 workweeks
of leave during any 12-month period. An employee's entitlement to leave for the
birth or placement of a child for adoption or foster care expires 12 months after the birth
or
placement.The 12-month period for calculating leave entitlement will be a "
rolling period"measured backward from the date leave is taken and continues with
each additional leave day taken. Thus, whenever an employee requests leave, the city will
look back over the previous 12-month period to determine how much leave has
been used in determining how much leave a member
is entitled to.2. Use of Other Accrued Leaves While on Leave. If
an employee requests leave for any reason permitted under the law, he/she must exhaust
all accrued leaves except sick leave) in connection with the leave. This includes
vacation, holiday, and other compensatory accruals. If an employee requests leave for his/
her own serious health condition, in addition to exhausting accrued leave, the
employee must also exhaust sick leave. The exhaustion of accrued leave will run
concurrently with the Family Care
and Medical Leave.3. Required Forms. Employees must fill out required forms,
available in the Personnel Department, including: Request for Family or
Medical Leave; Medical Certification; Authorization for Payroll Deductions for benefit
plan coverages (if applicable); and Fitness-for-
Duty to
return
from leave.Article XIII INSURANCE SECTION 1. LIFE INSURANCE. The City shall contribute up
to .74 for single coverage or $1.10 for family coverage per month per employee toward $
3,000 life insurance coverage.Effective December 30, 1990, the City shall contribute up to $5.
10 for single coverage or 5.46 for family coverage per month per employee toward $
15,000 life insurance coverage.Any contribution necessary to maintain said life insurance
coverage in excess of the amount set forth above shall be
borne solely by the employee.SECTION 2. DISABILITY INSURANCE. The City shall contribute up
to 1.16% of the employee's monthly salary to a maximum salary of $
3333 per
month
SECTION 3. PART-TIME AND TEMPORARY EMPLOYEE ELIGIBILITY
FOR FRINGE
BENEFITS.A. Definitions. Regular part-time employees shall be those
employees scheduled in the budget to work 20 or more hours per week on a year-round basis (
52 weeks minus approved leave). Temporary part-time employees shall
be those employees scheduled in the budget to work less than 20 hours per week on a
year-round basis (52 weeks minus approve leave). Seasonal employees shall
be those employees who are scheduled in the budget to work on less than a
year-round basis regardless of hours worked. Nothing contained herein shall guarantee
to any employee a specified number of hours per day or days per week or weeks per month
or months per year of work.B. Entitlement to Fringe Benefits Based
Upon Proration of Hours. Regular part-time employees shall receive fringe benefits in proportion
to the number of hours an employee is scheduled in the budget to work to the normal
40 hour week on an annual basis. For the term of this agreement,
for full-time employees participating in the temporary furlough program, the normal work week shall
be
defined as a 36 hour work week.The annual schedule for all part-time
employees shall be on the City's position control and approved in the City's
approved budget. This formula of proration shall apply to holiday pay,
vacation, sick leave, medical insurance contribution, disability
insurance contribution, life insurance contribution, and retirement contribution.C. Temporary and seasonal
employees shall be entitled to receive no fringe benefits provided for in the Resolution or
in any resolution of
the City unless otherwise
provided by Federal Law.SECTION 4. HEALTH INSURANCE.Effective March 1, 1994,
the City shall contract with Public Employees Retirement System (PERS) to make
available those health insurance benefits provided under the Public Employees Medical and
Hospital Care Act (PEMHCA). The PERS Health Benefits Plan shall replace any other
benefits program maintained by the City for eligible
employees, eligible retirees, and their eligible surviving annuitants.1) Except as provided in Section
4 (2) Flexible Benefits Plan below, the City shall contribute toward the
payment of premiums under the PERS Health Benefits Plan on behalf of each eligible active
employee, and to the extent required by law,each eligible retiree annuitant of PERS,
an equal contribution of $16.00 per month.2) Flexible Benefits Plan. Effective
March 1, 1994, the City shall establish a Section 125 Flexible Benefits Plan
for active full-time eligible employees and pay the following amounts to
provide funds for optional
dental
Employee Only
Two Party
Family
169.00
276.00
371.00
The City's payment toward the Flexible Benefit Plan is exclusive of the $16.00
payment in Section 4 (1).
3) Any amounts in excess of the amounts designated in Section 4 (1) and (2)
necessary to maintain benefits under any benefits plans selected by the employee
shall be borne by the employee.
4) An employee cannot be enrolled in the PERS Health Benefits Plan if a
spouse is enrolled in the same agency or enrolled in an agency with PERS health,
unless the employee (or the spouse) is enrolled without being covered as a family
member. Additionally, an employee may choose to not be enrolled in the Health
Benefits Plan. If an employee chooses not to be enrolled in the health plan, the
employee must provide proof, as determined by the Personnel Director, that
comparable medical insurance is in full force and effect. Based on determination
that insurance is in full force and effect, eligible employees shall receive $121.00
toward the Flexible Benefits Plan. In the event that the employee loses eligibility
with documentation) then the employee may re-enroll in the PERS Health
Benefits Plan pursuant to their rules and
regulations.Article
XIV SAFETY
EQUIPMENT SECTION 1. All protective clothing or protective devices required of employees in
the performance of their duties shall be furnished without cost to the employees by the
Employer.SECTION 2. SAFETY SHOES. Designated employees covered by this agreement
are required to wear safety shoes with steel toes while on duty. An employee will receive up
to 140.00 per year for safety boots allowance. Inspection of the work site will be made on
a regular basis to ascertain compliance to the safety shoe
program.Article
XV EDUCATIONAL
REIMBURSEMENT SECTION 1. 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 department head 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-
Educational reimbursement payments to an employee shall not exceed $600.00 in anyone
fiscal year and he must still be employed by the City when the course is completed.
SECTION 2. EDUCATION PROGRAM FOR BUILDING INSPECTOR/COMBINATION
INSPECTOR.
A. All persons classified as a Building Inspector or Combination Inspector shall be
eligible for this program.
B. To qualify for the incentive, eligible employees shall become and remain certified by
the International Conference of Building Officials (I.C.B.O.) as a Combination Dwelling
Inspector in one of the following disciplines:
1. Plumbing;
2. Electrical;
3. Mechanical;
4. Plans Examiner;
5. Any other discipline approved by the Building Official that may be offered by
I.C,B.O. in the future.
Failure to maintain certification in the required disciplines (through re-examination)
shall result in such inspector no longer qualifying for the
incentive.C. Building Inspectors who qualify as set forth above shall be compensated by
an additional $300.00, paid
quarterly.D. City shall pay I.C.B.O. fees upon passing initial and recertification
examinations.SECTION 3. CERTIFICATION REIMBURSEMENT PROGRAM FOR
CODE ENFORCEMENT OFFICER AND ASSISTANT OR ASSOCIATE
PLANNER.A. All persons classified as a Code Enforcement Officer or Assistant or
Associate Planner shall be eligible for this
program.B. To qualify for the reimbursement, eligible Code Enforcement Officers shall
become certified by American Association of Code Enforcement (AACE); eligible Planners
shall become certified by the American Institute of Certified Planners (
AICP).C, City shall reimburse AACE and AICP testing fees, up to a maximum of $300.
00,upon successful completion of the
examination.
Article XVI
TRAVEL EXPENSE ALLOWED
SECTION 1. AUTOMOBILE ALLOWANCE. Expense claims for the use of private
automobiles must be submitted through the Department Head to the City Manager via the
Finance Director. Such use, where mileage is reimbursed, will be reimbursed at the rate of
25 per mile.
SECTION 2. OUT OF CITY TRAVEL. If the estimated expense of contemplated travel
out of the city is too great to expect the employee to finance the trip and be reimbursed upon
his return, the City Manager may authorize advance payment of the estimated amount of the
travel expense to the employee.
SECTION 3. TOURIST-CLASS AIRPLANE PASSAGE will be considered standard
for out-
of-town travel.SECTION 4. USE OF PERSONAL CARS FOR OUT-OF CITY
TRIPS, within the State,may be approved by the City Manager when use of commercial
transportation is not available or practical. If an employee prefers to use his personal car, he may
be reimbursed the amount of the cost
of the commercial transportation.A. A flat rate of $.25 per mile shall be approved for use of personal
cars when City
cars are not available.SECTION 5. AIR. RAIL. OR PUBLIC TRANSPORTATION
used, expense for local transportation, such as taxicabs and bus fare, will be allowed
whenever such transportation is necessary for conduct of City business. In addition, the following
expenses and charges will be allowed, whenever necessary, for the
conduct of City business.A. Expense will be allowed for adequate lodging.
Hotel accommodations shall be appropriate to the
purpose of the trip.B. Telephone and telegraph charges will be allowed for
official calls and telegrams.C. Expenses for meals will be
reimbursed at
actual
cost.Article XVII RETIREMENT SECTION 1. All employees described in this Resolution shall
participate in the Public Employees' Retirement System. The City shall continue payment
of the 7% employee contribution to Public Employees' Retirement System for the term
of this agreement. The employees covered by this agreement will be provided an annual
report showing
the
The present PERS benefits provide the Best of Three level of survivor's benefit.
Article XVIII
EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITY
SECTION 1. DUES DEDUCTIONS. The City shall deduct dues, on a regular basis, from
the pay of all employees recognized to be represented by the Association, who voluntarily
authorize such deduction, in writing, on a form to be provided for this purpose which is
mutually agreed to by the Association and the City. The City shall remit such funds to the
Association within 30 days following their deduction.
SECTION 2. INDEMNIFICATION. The Association agrees to hold the City harmless and
indemnify the City against any claims, causes of actions, or lawsuits arising out of the
deductions or transmittal of such funds to the Association except the intentional failure of the
City to transmit, to the Association, monies deducted from the employees pursuant to this
Article.
Article XIX
CITY RIGHTS
SECTION 1. The City reserves, retains, and is vested with, solely and exclusively, all
rights of Management which have not been expressly abridged by specific provisions of this
Memorandum of Understanding or by law to manage the City, as such rights existed prior to
the execution of this Memorandum of Understanding. The sole and exclusive rights of
Management, as they are not abridged by this Agreement or by law, shall include, but not be
limited to, the following rights:
A. To manage the City generally and to determine the issues of policy.
B. To determine the existence or non-existence of facts which are the basis of
the Management
decision.C. To determine the necessity of organization of any service or activity conducted by
the City and expand or diminish
services.D. To determine the nature, manner, means, and technology, and extent of services
to be provided to the
public.E. Methods of
financing.F. Types of equipment or technology to be
used.
G. To determine and/or change the facilities, methods, technology, means, and size of
the work force by which the City operations are to be conducted.
H. To determine and change the number of locations, relocations, and types of
operations, processes, and materials to be used in carrying out all City functions including, but
not limited to, the right to contract for or subcontract any work or operation of the City.
I. To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and assignments.
J. To relieve employees from duties for lack of work or similar non-disciplinary
reasons.K. To establish and modify productivity and performance programs and
standards.L. To discharge, suspend, demote, or otherwise discipline employees for proper cause
in accordance with the provisions and procedures set forth in Departmental
Disciplinary
Procedure.M. To determine job classifications and to reclassify employees and to determine
any new classifications to be assigned to the bargaining
unit.N. To hire, transfer, promote, and demote employees for non-disciplinary
reasons in accordance with this Memorandum
of Understanding.O. To determine policies, procedures, and standards for selection,
training, and promotion
of employees.P. To establish employee performance standards including, but not limited to,
quality and quantity standards; and to require
compliance therewith.Q. To maintain order and efficiency in its facilities
and operations.R. To establish andpromulgate 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
Article XX
FRINGE BENEFIT ADMINISTRATION
SECTION 1. ADMINISTRATION. The City reserves the right to select the insurance
carrier or administer any fringe benefit programs that now exist or may exist in the future
during the term of this Memorandum of Understanding.
SECTION 2. SELECTION AND FUNDING. In the administration of the fringe benefit
programs, the City shall have the right to select any insurance carrier or other method of
providing coverage to fund the benefits included under the terms of this Memorandum of
Understanding, provided that the benefits of the employees shall be no less than those in
existence as of implementation of this agreement.
SECTION 3. CHANGES. If, during the term of this Memorandum of Understanding, any
change of insurance carrier or method of funding for any benefit provided hereunder occurs,
the City shall notify the Association prior to any change of insurance carrier or method of
funding the coverage.
Article XXI
SAFETY AND HEALTH
The City and the employees of the City agree to comply with all applicable Federal, State and
City laws, codes and policies which relate to health and safety. In addition the City and
Association agree to actively pursue the continuation of safe working procedures and
environments.
Article XXII
GRIEVANCE PROCEDURE
SECTION 1. DEFINITION. A grievance shall be defined as a timely complaint by an
employee or group of employees concerning the interpretation or application of specific
provisions of this Memorandum or of the Rules and Regulations governing personnel practices
or working conditions of the City.
SECTION 2. BUSINESS DAYS. Business days mean calendar days, exclusive of
Saturdays, Sundays, and legal holidays recognized by the City.
SECTION 3. TIME LIMITS FOR FILING WRITTEN FORMAL GRIEVANCES. The time
limits for filing written formal grievances shall be strictly construed, but may be extended by
mutual agreement evidenced, in writing, and signed by a duly authorized representative of the
City and the grieving party, Failure of the grieving party to comply with any of the time limits
24
set forth hereunder shall constitute waiver and bar further processing of the grievance. Failure
of the City to comply with time limits set forth in this Section shall automatically move the
grievance to the next level in the Grievance Procedure.
SECTION 4. INFORMAL PROCESS. An employee must first attempt to resolve a
grievance on an informal basis by discussion with his immediate supervisor without undue
delay.
Every effort shall be made to find an acceptable solution to the grievance by these
informal means at the most immediate level of supervision. At no time may the informal
process go beyond the division head concerned. In order that this informal procedure may be
responsive, all parties involved shall expedite this process. In no case may more than 10
business days elapse from the date of the alleged incident giving rise to the grievance, or
when the grievant knew or should have reasonably become aware of the facts giving rise to
the grievance and the filing of a written formal grievance with the Personnel Director of the
City, with a copy to the department head in which the employee works. Should the grievant
fail to file a written grievance within 10 business days from the date of the incident giving rise
to the grievance, or when grievant knew or should have reasonably become aware of the facts
giving rise to the grievance, the grievance shall be barred and waived.
SECTION 5. FORMAL PROCESS. PERSONNEL DIRECTOR. DEPARTMENT
HEAD. If the grievance is not resolved through the informal process, a written grievance is
filed within the time limits set forth above, the grievant shall discuss the grievance with the
Personnel Director and the department head within 10 business days. The Personnel Director
and the department head shall render a decision and comments, in writing, regarding the
merits of the grievance and return them to the grievant within 5 business days following the
grievance discussion.
SECTION 6. FORMAL PROCESS. CITY MANAGER. If the grievance is not resolved in
5 above, or if no answer has been received from the Personnel Director and department head
within 15 business days from the presentation of the written grievance to the Personnel
Director and department head, the written grievance shall be presented to the City Manager or
his duly authorized representative within 10 business days, for determination. Failure of the
grievant to take this action will constitute a waiver and bar to the grievance, and the grievance
will be considered settled on the basis of the last Management grievance response. The City
Manager, or his duly authorized representative, shall render a final decision on the merits of
the grievance and comments, in writing, and return them to the grievant within 10 business
days after receiving the grievance. After this procedure is exhausted, the grievant and the
City shall have all rights and remedies to pursue said grievance under the law. The City shall
instruct its supervisors on the proper use and implementation of this grievance procedure and
every reasonable effort shall be made by employee and the supervisor to resolve the
grievance at the informal step.
25
Article XXIII
NO STRIKE - NO LOCKOUT Prohibited
Conduct SECTION
1. Orange County Employees Association, its officers, agents,representatives
and/or members agree that during the term of this Agreement, they will not cause
or condone any strike, walkout, slowdown, sickout, or any other job action by withholding
or refusing to perform services.SECTION
2. The City agrees that it shall not lock out its employees during the term of this
Agreement.SECTION
3. Any employee who participates in any conduct prohibited in Sections 1 and 2
above may be subject to termination by the City.SECTION
4. In addition to any other lawful remedies or disciplinary actions available to the
City, if Orange County Employees Association fails, in good faith, to perform all respon-sibilities
listed below in Section A, Association Responsibility, the City may suspend any and all
of the rights, privileges, accorded to Orange County Employees Association under the Employee
Relations Resolution in this Memorandum of Understanding including, but not limited
to, suspension of recognition of Association, grievance procedure, right of access,check-
off, the use of the City's bulletin boards, and facilities.
Association Responsibilitv
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 or its duly authorized representatives shall immediately instruct any persons
engaging in such conduct that their conduct is in violation of this Memorandum of
Understanding and unlawful, and they should immediately cease engaging in conduct
prohibited in Section 1 above, Prohibited Conduct, and return to work.
SECTION 2 If the Association performs all of the responsibilities set forth in Section 1
above, its officers, agents, and representatives shall not be liable for damages for prohibited
conduct performed by employees who are covered by this Agreement in violation of Section 1
above.
XXIV
LAYOFF
In the event of a reduction in work force, the City agrees to meet with the Association
regarding the procedure to be followed.
26
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 hereunder. This Memorandum of Understanding is not intended
to conflict with federal or state law.
Article XXVI
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 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
this Memorandum of Understanding or the Personnel Rules or Resolutions of the City, which
restrict the City's ability to respond to these emergencies, shall be suspended for the duration
of such emergency. After the emergency is declared over, this Memorandum of
Understanding will be reinstated immediately. The Association shall have the right to meet
and confer with the City regarding the impact on employees of the suspension of the
provisions in the Memorandum of Understanding during the course of the emergency.
Article XXVII
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.
27
Article XXIX
TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding shall commence on June 26, 1994 and
shall continue in full force and effect until June 24, 1995.
Article XXX
RATIFICATION AND EXECUTION
The City and the Orange County Employees' Association acknowledge that this
Memorandum of Understanding shall not be in full force and effect until adopted by the City
Council of the City of Orange. Subject to the foregoing, this Memorandum of Understanding is
hereby executed by the authorized representatives of the City and the Association and
entered into this 28trday of June , 1994.
ORANGE COUNJY E}41PLOrEE'S
ASSOf~:~;V I
Br 'Iv
By:
By:
By:
SjLBy: , k'~
By:
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By:
28
APPENDIX "A"
PROFESSIONAL, TECHNICAL AND CLERICAL UNIT
MONTHLY SALARY RANGES
EFFECTIVE JUNE 26, 1994
NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANGE A B C D E F
ACCOUNTANT I 402 2648 2783 2925 3075 3231 3396
ACCOUNTANT II 432 3076 3233 3398 3571 3753 3944
ADMINISTRATIVE CLERK I 304 1624 1707 1794 1886 1982 2083
ADMINISTRATIVE CLERK II 324 1795 1886 1983 2084 2190 2302
ASSESSMENT DIST. ENGR. 499 4296 4515 4746 4988 5242 5509
ASST. CIVIL ENGINEER 469 3699 3888 4086 4294 4513 4744
ASSTANT PARK PLANNER 435 3122 3281 3449 3625 3809 4004
ASSISTANT PLANNER 435 3122 3281 3449 3625 3809 4004
ASSISTANT PROJECT MGR. 437 3153 3314 3483 3661 3848 4044
ASSOCIATE CIVIL ENGINEER 489 4087 4296 4515 4745 4987 5241
ASSOCIATE PLANNER 455 3450 3626 3811 4005 4209 4424
AUTOMOTIVE PARTS CLERK 377 2338 2457 2582 2714 2853 2998
BUILDING INSPECTOR 430 3045 3201 3364 3535 3716 3905
BUSINESS SERVICES INSP. 390 2495 2622 2755 2896 3044 3199
BUYER 384 2421 2544 2674 2811 2954 3105
CODE ENFORCEMENT OFCR. I 402 2648 2783 2925 3075 3231 3396
CODE ENFORCEMENT OFCR. II 422 2926 3075 3232 3397 3570 3752
COMBINATION BUILDING INSP. 440 3201 3364 3536 3716 3906 4105
CONSTRUCTION INSPECTOR I 410 2756 2897 3044 3200 3363 3534
CONSTRUCTION INSPECTOR II 430 3045 3201 3364 3535 3716 3905
DRAFTING TECHNICIAN 371 2269 2385 2506 2634 2768 2910
ECONOMIC DEV. ASST I 364 2191 2303 2420 2544 2673 2810
ECONOMIC DEV. SPECIALIST 447 3315 3484 3661 3848 4044 4251
ENGINEERING TECHNICIAN I 390 2495 2622 2755 2896 3044 3199
ENGINEERING TECHNICIAN II 410 2756 2897 3044 3200 3363 3534
FINANCE CLERK 342 1963 2064 2169 2279 2396 2518
Page 1
APPENDIX "A"
PROFESSIONAL, TECHNICAL AND CLERICAL UNIT
MONTHLY SALARY RANGES
EFFECTIVE JUNE 26,1994
NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANGE A B C D E F
GRADING SPECIALIST 450 3365 3536 3717 3906 4105 4315
HOUSING SVCS SPECIALIST 378 2350 2469 2595 2728 2867 3013
LIBRARIAN I 390 2495 2622 2755 2896 3044 3199
LIBRARIAN II 410 2756 2897 3044 3200 3363 3534
LIBRARY ASSISTANT 349 2033 2137 2246 2360 2481 2607
LIBRARY CLERK 300 1592 1674 1759 1849 1943 2042
LIBRARY PAGE 263 1324 1392 1463 1537 1615 1698
LIBRARY SYSTEM COORD. 388 2470 2596 2728 2867 3013 3167
LOAN OFFICER 440 3201 3364 3536 3716 3906 4105
MEDIA ASSISTANT 369 2246 2361 2481 2608 2741 2881
MICROFILM CLERK 279 1434 1507 1584 1665 1750 1839
PLANNING AIDE 405 2688 2825 2969 3121 3280 3447
PLANS EXAMINER ENGINEER 471 3736 3927 4127 4338 4559 4791
PUBLIC SERVICES CLERK 364 2191 2303 2420 2544 2673 2810
PURCHASING CLERK 362 2169 2280 2396 2519 2647 2782
SECRETARY 360 2148 2257 2373 2494 2621 2754
SENIOR ACCOUNTANT 452 3398 3572 3754 3945 4147 4358
SR. ADMINISTRATIVE CLERK 344 1983 2084 2191 2302 2420 2543
SENIOR BUYER 424 2955 3106 3265 3431 3606 3790
SENIOR FINANCE CLERK 362 2160 2280 2396 2519 2647 2782
SR. HOUSING SERVICES SPEC. 427 3000 3153 3314 3483 3660 3847
SENIOR LIBRARY ASSISTANT 369 2246 2361 2481 2608 2741 2881
SENIOR LIBRARY CLERK 329 1840 1934 2033 2136 2245 2360
SENIOR SURVEYOR 410 2756 2897 3044 3200 3363 3534
SR. WATER QUALITY INSP. 430 3015 32'11 3364 3535 3716 3905
STOREKEEPER 377 2338 2457 2582 2714 2853 2998
Page 2
APPENDIX "A"
PROFESSIONAL, TECHNICAL AND CLERICAL UNIT
MONTHLY SALARY RANGES
EFFECTIVE JUNE 26, 1994
NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANGE A B C D E F
STREET DIV. PROG. COORD. 365 2202 2314 2432 2556 2687 2824
SURVEYOR I 370 2258 2373 2494 2621 2755 2895
SURVEYOR II 390 2495 2622 2755 2896 3044 3199
WATER QUALITY INSPECTOR I 390 2495 2622 2755 2896 3044 3199
WATER QUALITY INSPECTOR II 410 2756 2897 3044 3200 3363 3534
Page 3
LETTER OF UNDERSTANDING
BETWEEN
THE CITY OF ORANGE
AND
THE ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION
This Letter of Understanding (the "LOU") is entered into by and between the City of Orange,
herein after referred to as the "City", and the Orange Municipal Employees' Association,
herein after referred to as the "Association", on July 23, 1995.
1. PREAMBLE/BASIS FOR AGREEMENT
On June 1, 1995 the City and the Association engaged in discussions concerning the
fiscal problems the City continues to encounter for the 1995-1996 Fiscal Year.
These discussions resulted in a Letter of Understanding wherein pursuant to the City's
request the Association agreed to terms relating to wages, hours, and working conditions in
the Memorandum of Understanding between the City and the
Association.2. TERM OF
AGREEMENT This Letter of Understanding shall remain in full force and effect to and
including February 29, 1996. Except as set forth herein, the terms of the Memorandum
of Understanding (the "MOU"), for the period from June 26, 1994 through and
including June 24, 1995, and any subsequent addendum and amendments to the MOU shall
be extended and remain in full force and effect through and including February 29,
1996.3.
SALARY Effective December 24, 1995, the base salaries shall be increased by 2%.
Salaries effective on December 24, 1995 are listed in the attached "Exhibit
A".4. HOLIDAY
COMPENSATION For the duration of this LOU the following holidays will be compensated as nine (9)
hour
holidays:a) July 4,
1995 b) First Monday in September,
1995 c) November 11,
1995 d) Thanksgiving Day,
1995 e) Day after Thanksgiving,
1995 f) Christmas Day,
Letter of Understanding
Between the City and Orange Municipal Employees' Association
g) January 1, 1996
h) The third Monday in February, 1996.
5. CONVERSION OF COMPENSATORY TIME
From July 23, 1995 through and including December 1, 1995, employees covered by
this LOU may convert up to forty (40) hours of their accumulated compensatory time to
cash. For the remaining term of this LOU, employees shall waive their privilege to
convert accumulated compensatory time to cash in lieu of time taken.
6. MISCELLANEOUS PROVISIONS
a) Actuarial Valuation for 2% @ 55 Formula
The City, as a contracting agency with the Public Employees' Retirement System, shall
request an actuarial valuation to determine the cost of providing the 2% @ 55 Formula
to Local Miscellaneous Members.
b) No layoff Provision
For the period from July 23, 1995 through and including December 31, 1995, the
employees covered by this LOU shall not be subject to layoffs.
c) Most Favored Nation Clause
For the term of this LOU, the City agrees that should any other bargaining unit
negotiate for increases in salary in excess of those specified in this LOU those
increases shall become part of this agreement.
7. RATIFICATION AND EXECUTION
The City and the Association acknowledge that this Letter of Understanding shall not be
in full force and effect until ratified by the Association and adopted by the City Council
of the City of Orange. Subject to the foregoing, this Letter of Understanding is hereby
executed by the authorized representatives of the City and the Association and entered
into this day of July 23, 1995.
CITY OF ORANGE
BY:
ORANGE MUNICIPAL EMPLOYEES'
ASSOCIATION
BY:: /11'fY.- IL6 : L riA. .\'\J...Jim
DeVore, Presi nt J
2
Letter of Understanding
Between the City and Orange M . ipal Employees' Association
L#_tZ BY:
BY:
L/a~BY:
i/
BY:
BY:
3
EXHIBIT "A"
ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE DECEMBER 24, 1995
NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANGE A B C D E F
ACCOUNTANT I 406 2702 2840 2984 3137 3296 3465
ACCOUNTANT II 436 3138 3298 3466 3643 3829 4024
ADMINISTRATIVE CLERK I 308 1657 1742 1831 1924 2022 2125
ADMINISTRATIVE CLERK II 328 1831 1924 2023 2126 2234 2348
ASSESSMENT DIST. ENGR. 503 4383 4606 4841 5088 5348 5620
ASST. CIVIL ENGINEER 473 3774 3966 4168 4381 4604 4839
ASSISTANT PLANNER 439 3185 3348 3518 3698 3886 4084
ASSOCIATE CIVIL ENGINEER 493 4170 4382 4606 4841 5087 5347
ASSOCIATE PLANNER 459 3519 3699 3887 4086 4294 4513
AUTOMOTIVE PARTS CLERK 381 2385 2507 2634 2769 2910 3058
BUILDING INSPECTOR 434 3107 3265 3432 3607 3791 3984
BUSINESS SERVICES INSP. 394 2545 2675 2811 2954 3105 3263
BUYER 388 2470 2596 2728 2867 3013 3167
CODE ENFORCEMENT OFCR. I 406 2702 2840 2984 3137 3296 3465
CODE ENFORCEMENT OFCR. II 426 2985 3137 3297 3466 3642 3828
COMBINATION BUILDING INSP. 444 3266 3432 3607 3791 3984 4188
CONSTRUCTION INSPECTOR I 414 2812 2955 3106 3264 3431 3606
CONSTRUCTION INSPECTOR II 434 3107 3265 3432 3607 3791 3984
DRAFTING TECHNICIAN 375 2315 2433 2557 2687 2824 2968
ENGINEERING TECHNICIAN I 394 2545 2675 2811 2954 3105 3263
ENGINEERING TECHNICIAN II 414 2812 2955 3106 3264 3431 3606
FINANCE CLERK 346 2003 2105 2212 2325 2444 2569
GRADING SPECIALIST 454 3433 3608 3792 3985 4188 4402
HOUSING SVCS SPECIALIST 382 2397 2519 2648 2783 2925 3074
LIBRARIAN I 394 2545 2675 2811 2954 3105 3263
LIBRARIAN II 414 2812 2955 3106 3264 3431 3606
Page 1
EXHIBIT "A"
ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE DECEMBER 24, 1995
NEW STEP STEP STEP STEP STEP STEP
CLASSIFICATION TITLE RANGE A B C 0 E F
LIBRARY ASSISTANT 353 2074 2180 2291 2408 2531 2660
LIBRARY CLERK 304 1624 1707 1794 1886 1982 2083
LIBRARY PAGE 267 1351 1420 1492 1568 1648 1732
LIBRARY SYSTEM COORD. 392 2520 2648 2783 2925 3074 3231
PLANNING AIDE 409 2742 2882 3029 3184 3346 3517
PLANS EXAMINER ENGINEER 475 3812 4006 4210 4425 4651 4888
PUBLIC SERVICES CLERK 368 2235 2349 2469 2595 2727 2866
PURCHASING CLERK 366 2213 2326 2445 2569 2700 2838
SECRETARY 364 2191 2303 2420 2544 2673 2810
SENIOR ACCOUNTANT 456 3467 3644 3830 4025 4230 4446
SR. ADMINISTRATIVE CLERK 348 2023 2126 2235 2349 2468 2594
SENIOR BUYER 428 3015 3169 3330 3500 3679 3866
SENIOR FINANCE CLERK 366 2213 2326 2445 2569 2700 2838
SR. HOUSING SERVICES SPEC. 431 3060 3217 3381 3553 3734 3925
SENIOR LIBRARY ASSISTANT 373 2292 2409 2531 2661 2796 2939
SENIOR LIBRARY CLERK 333 1877 1973 2074 2179 2290 2407
SENIOR SURVEYOR 414 2812 2955 3106 3264 3431 3606
SR. WATER QUALITY INSP. 434 3107 3265 3432 3607 3791 3984
STOREKEEPER 381 2385 2507 2634 2769 2910 3058
STREET DIV. PROG. COORD. 369 2246 2361 2481 2608 2741 2881
SURVEYOR I 374 2303 2421 2544 2674 2810 2954
SURVEYOR II 394 2545 2675 2811 2954 3105 3263
WATER QUALITY INSPECTOR I 394 2545 2675 2811 2954 3105 3263
WATER QUALITY INSPECTOR II 414 2812 2955 3106 3264 3431 3606
Page 2