POLICE ASSN, CITY OF ORANGERESOLUTION NO. 11516
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE REPEALING RESOLUTION NO. 11277 AND
ALL AMENDMENTS THERETO AND APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF ORANGE AND THE CITY OF ORANGE POLICE
ASSOCIATION CONCERNING WAGES, HOURS, AND
OTHER TERMS AND CONDITIONS OF EMPLOYMENT
EFFECTIVE JULY 1,2023,THROUGH JUNE 30,2026
WHEREAS,the City of Orange, hereinafter referred to as "City", and the City of Orange
Police Association, hereinafter referred to as the "Association", collectively the "Parties", have
met and conferred in accordance with requirements of the Meyers-Milias-Brown Act; and
WHEREAS, the Parties have reached agreement on wages, hours, and other terms and
conditions of employment effective July 1, 2023 through June 30, 2026 and the City Council
desires to repeal Resolution No. 11277 and all amendments thereto for said employees,as set forth
in the Memorandum of Understanding, hereinafter referred to as"MOU"; and
WHEREAS,on May 23, 2023 the City Council of the City of Orange adopted Resolution
No. 11460, a Resolution of the City Council of the City of Orange establishing a Letter of
Understanding between the Parties effective July 1, 2023; and
WHEREAS, the Parties have met and further refined language to clarify existing
provisions as agreed upon during the meet and confer process and now wish to incorporate any
and all agreed upon changes included in a successor MOU.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
that the attached MOU is approved and incorporated by reference as Exhibit A as though fully set
forth herein.
ADOPTED this 9th day of January 2024.
el R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Mike Vigliotta, City Attorney
Attachment: Exhibit A
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ORANGE
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do 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 9th day of January 2024, by the following vote:
AYES:COUNCILMEMBERS: Barrios, Dumitru, Tavoularis, Bilodeau, Gutierrez,
Gyllenhammer, and Slater
NOES:COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Pamela Coleman, City Clerk, City of Orange
Resolution No. 11516 2
C City of
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORANGE AND THE
CITY OF ORANGE POLICE ASSOCIATION
JULY 1, 2023 THROUGH DUNE 30, 2026
TABLE OF CONTENTS
Article No. Article Title Pane No.
I Recognition of Association 1
II Non-Discrimination 1
III Salaries 2
IV Working Out of Classification 4
V Work Week 4
VI Overtime 5
VII Compensatory Time Off 6
VIII Call Back Compensation 6
IX Court Time 7
X Special Assignments and Premium Pays 8
XI Educational Incentive and Reimbursement 13
XII Uniform Allowance 14
XIII Holidays 15
XIV Vacation 16
XV Probationary Period 17
XVI Leaves of Absence 18
XVII Part-Time Employee Benefits 23
XVIII Health Benefits 24
XIX Retirement 26
XX Safety and Health Fitness 27
XXI Travel Expense Allowed 28
XXII Employee Organizational Rights and Responsibility 28
XXIII Layoff Procedures 28
XXIV City Management Rights 30
XXV No Strike 32
XXVI Grievance Procedure 32
I/ XXVII Disciplinary Appeals Procedure 33
XXVIII Miscellaneous 34
XXIX Residency Requirement 34
XXX Effect of Memorandum of Understanding on Conflicting 35
Agreements
XXXI Waiver of Bargaining During Term of Memorandum of 35
Understanding
XXXII Emergency Waiver 35
XXXIII Limited Reopener 35
XXXIV Memorandum of Understanding Terms Severable 36
XXXV Term of Memorandum of Understanding 36
XXXVI Ratification and Execution 36
Appendix A Monthly Salary Ranges 38
ARTICLE I
RECOGNITION OF ASSOCIATION
SECTION 1. Pursuant to the provisions of the Employer-Employee Relations Resolution No. 3611 of
the City of Orange and subsequent amendments hereto, the City of Orange, hereinafter referred to as
City", for the purpose of meeting its obligations under the Meyers-Milias-Brown Act (Government
Code Section 3500 et. seq.), Employer-Employee Relations Resolution No. 3611, or as amended, and
this Memorandum of Understanding, hereinafter referred to as "MOU", has recognized the City of
Orange Police Association,hereinafter referred to as "Association",as the majority representative of the
employee classifications listed within Appendix A. As majority representative, the Association is
empowered to act on behalf of all employees who hold positions in classifications covered by this MOU
whether or not they are individually members of the Association.
The City and the Association have reached agreement on an updated Employer-Employee Labor
Relations Resolution, which shall be adopted by City Council at a future date once all City bargaining
groups have had an opportunity to review.
SECTION 2. Any modification or interpretation of the rights of the parties concerning recognition set
forth above shall only be established in accordance with Federal and/or State law.
ARTICLE II
NON-DISCRIMINATION
SECTION 1. The parties mutually recognize and agree to protect the rights of all employees herein to
join and/or participate in protected Association activities or to refrain from joining or participating in
protected activities in accordance with the Employer-Employee Relations Resolution and Government
Code Section 3500 et. seq.
SECTION 2. In accordance with Federal and State law, the City and the Association agree that they
shall not discriminate against any employee on the basis of actual or perceived race, color, national
origin, religion, sex, gender, gender identity, physical or mental disability, medical condition (cancer-
related or genetic information), ancestry, marital status, age, sexual orientation, citizenship,pregnancy,
childbirth or related medical condition, status as a covered veteran, or service in the uniformed services
as defined by the Uniformed Services Employment and Reemployment Rights Act of 1994) or any
other lawfully protected class. The City and the Association shall reopen any provision of this MOU
for the purpose of complying with any final order of a Federal or State agency or court of competent
jurisdiction requiring a modification or change in any provision or provisions of this MOU in compliance
with Federal or State anti-discrimination laws.
REST OF PAGE LEFT BLANK INTENTIONALLY.
ARTICLE III
SALARIES
SECTION 1. BASIC COMPENSATION PLAN. A basic compensation plan is established for all
employees covered by this MOU.
SECTION 2. SALARIES. Salaries and their effective dates for employees covered by this MOU are
listed in Appendix A. The salary and wage schedules shall constitute the basic compensation plan
consisting of seven (7) steps or rates of pay in each range. The respective ranges shall be identified by
number and the steps by the letters A to G. Each step shall be approximately five percent(5.0%)above
the preceding step, except Step G for which shall be four percent(4.0%) above current Step F.
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 covered by this resolution, the hourly rate of pay shall be the monthly rate times
twelve (12)divided by 2,080 annual hours.
In determining the hourly rate as herein provided, compensation shall be made to the nearest one-half
2) cent.
SECTION 4. BEGINNING RATES. A new employee of the City shall be paid the rate shown in Step
A in the range assigned to the classification for which the employee has been hired, except that on the
request of the Police Chief,and with the authorization of the Human Resources Director, such employee
may be placed at any step in the range depending upon the employee's qualifications.
SECTION 5. SERVICE. The word service, as used in this MOU, shall be defined to mean continuous,
full-time service in the employee's 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 eliminates the accumulated length of service time of such employee for the
purpose of this MOU. Employees re-entering the service of the City shall be considered as a new
employee, except that the employee may and at the discretion of the City, be re-employed within one
1) year and placed in the same salary step in the appropriate compensation range as the employee was
at the time of the separation of employment.
SECTION 6. ADVANCEMENT WITHIN SALARY RANGES. The following regulations shall
govern salary advancement:
A. Merit Advancement. An employee shall be considered for advancement through the salary
range yearly upon the employee's appointment date. To receive the merit increase, an
employee must demonstrate meritorious and efficient service, and continued improvement by
the employee in the effective performance of the employee's duties. A merit increase shall
become effective on the first day of the pay period following the employee's appointment date,
unless a later date is specifically determined by the Police Chief,or a duly authorized designee.
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1) The Police Chief, or a duly authorized designee, shall file with the Human Resources
Director a completed performance evaluation recommending the granting or denial of
the merit increase and supporting such recommendation with specific reasons therefore.
If denied,the reason for denial will be provided to the employee.
B. Special Merit Advancement. When an employee demonstrates exceptional ability and
proficiency in the performance of duties, the Police Chief may recommend to the Human
Resources Director that said employee be advanced to a higher pay step without regard to the
minimum length of service provisions contained in this MOU. The Human Resources Director
may, on the basis of the Police Chiefs recommendation, approve and effect such an
advancement.
C. Length Of Service Required When Advancement Is Denied. When an employee is not
approved for advancement to the next higher step,the employee shall be reconsidered for such
advancement at any subsequent time, but not later than twenty-six (26) pay periods. This
reconsideration shall follow the same steps and shall be subject to the same action as provided
in Section 6A.
SECTION 7. REDUCTION IN SALARY STEPS. Any employee who is being paid on a salary step
higher than Step A may be reduced by one or more steps for just cause upon the recommendation of the
Police Chief with the approval of the Human Resources Director. A proposed reduction in an
employee's salary step is subject to Skelly/due process.
SECTION 8. PROMOTIONAL SALARY ADVANCEMENT. When an employee is promoted to a
position in a higher classification, the employee 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,the employee may be placed in the step in that appropriate salary range as will grant
the employee an increase of at least five percent(5.0%),but no more than fifteen percent(15.0%), at the
discretion of the Police Chief and Human Resources Director, but not to exceed the top of the salary
range.
SECTION 9. DEMOTION. When an employee is demoted for disciplinary reasons to a position in a
lower classification,the new salary rate shall be assigned to a step in the new salary range for the lower
classification that produces at least a five percent(5.0%)base salary reduction.
SECTION 10. REASSIGNMENT OF COMPENSATION RANGES. Any employee 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 the employee 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 Human
Resources Director may, 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, Step G 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
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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, Step G 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
I/
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 CLASSIFICATION
The City may work employees out of classification for up to four (4) working days without additional
compensation. On the fifth consecutive working day that the employee works out of classification, the
employee shall be paid additional compensation at Step A of the class to which the employee is assigned,
or, if Step A does not produce at least a five percent (5.0%) increase in compensation, such step that
provides the employee a minimum of a five percent(5.0%)compensation increase,not to exceed the top
of the range. The City shall not take any action to concertedly avoid paying acting pay by periodically
removing an employee from an acting assignment to avoid triggering the consecutive day requirement.
ARTICLE V
WORK WEEK
SECTION 1 . WORK SCHEDULE. The regular work week for Police Officers, excluding those
working special assignments, shall be three (3) consecutive shifts of twelve and one-half (12.5)
consecutive hours each week, plus one additional ten consecutive hour shift each 28-day FLSA work
period that precedes or follows the employee's regularly assigned first or last work shift of the week.
This schedule is referred to as a 3/12.5 Schedule.
The work schedule for the employee serving as the Court Liaison Officer shall consist of five (5)
consecutive shifts of eight(8) consecutive hours followed by two (2) consecutive days off.
All other employees covered by this MOU shall work forty (40) hours per week, consisting of four(4)
consecutive shifts of ten (10) consecutive work hours each (4/10 Schedule) followed by three (3)
consecutive days off. Under special circumstances, an employee and the Department may mutually
agree to a different schedule.
SECTION 2. Except in the case of emergency as defined in Article VI, Section 9,employees working
a 4/10 schedule shall not be scheduled to work more than twelve and one-half(12.5)consecutive hours
on any occasion, and employees working a 3/12.5 schedule shall not be scheduled to work more than
fifteen(15)consecutive hours on any one occasion,without being provided a minimum eight(8)hours
of rest.
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ARTICLE VI
OVERTIME
SECTION 1. RATES OF PAY:
A. GROSS RATE: As used in this MOU, whenever the term"Gross rate"or"Gross rate of
pay"is used, it shall refer to employee's monthly base rate of pay,plus all premium pay,
special assignment pay and flexible benefits plan opt out or cash back to which the
employee is entitled, divided by the employee's regularly scheduled hours (i.e.,
173.33/month).
B. NET RATE: As used in this MOU,whenever the term"Net rate"or"Net rate of pay" is
used, it shall refer to employee's monthly base rate of pay, plus all premium pay and
special assignment pay,but NOT including flexible benefits plan opt out or cash back to
which the employee is entitled,divided by the employee's regularly scheduled hours(i.e.,
173.33/month).
SECTION 2. DEFINITION. Overtime is defined as that authorized time worked in excess of the
regular work day and/or work week, except that work amounting to less than fifteen (15) minutes in
excess of an employee's regular work day shall not be considered overtime for any purpose. Only time
actually worked shall count in the computation of overtime,except that time off due to excused absence
for holidays, accumulated compensatory time off, vacation and sick leave shall be counted toward the
computation of overtime. Overtime shall be earned to the nearest one-quarter(1/4)hour increment.
SECTION 3. OVERTIME COMPENSATION. Overtime compensation shall be paid at one and one-
half times the employee's Gross rate of pay or received as compensatory time off, at the employee's
option, subject to the Compensatory Time Off(CTO) accumulation cap. The overtime provisions
herein shall apply to all classifications covered herein, when duly authorized by the Police Chief or a
duly authorized designee. Overtime work shall not entitle employees to earn additional employee
benefits such as retirement,holidays,vacation accrual, sick leave accrual,employee insurance benefits
or towards the completion of probationary period or to progression within a salary rate range.
SECTION 4. WORKING WITH MINIMAL BREAK. If an employee is scheduled to commence a
work shift within ten (10) or fewer hours after the scheduled conclusion of the previously scheduled
work shift,the later shift shall be compensated at the premium rate for all hours worked.
SECTION 5. PARTIAL OVERTIME EXEMPTION. The parties agree that the City has adopted the
twenty-eight (28) day Section 7k partial overtime exemption in accordance with 29 U.S.C. Section
207(k) of the Fair Labor Standards Act(FLSA).
SECTION 6. PYRAMIDING OF OVERTIME RATES. Whenever two (2) or more overtime rates
may appear to be applicable to the same hour or hours worked by the employees described,there shall
be no pyramiding or adding together of such overtime rates, and only the higher applicable rate shall
apply.
SECTION 7. If in the event of circumstances beyond the City's control, such as Acts of Nature, fire,
flood, insurrection, riot,national emergency or other similar circumstances, employees covered herein
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shall be entitled to only a straight time rate for non-FLSA overtime worked under such circumstances,
i.e.,time for which premium overtime compensation is not mandated by the FLSA.
SECTION 8. ASSIGNMENT OF AVAILABLE OVERTIME. Whenever possible, when assigning
overtime in the Field Services Division, preference will be given to off-duty employees who are
interested and available for overtime assignments. Overtime opportunities in the Field Services
Division shall be posted and available to those who sign up on a first-come, first-served basis. The
City does not provide overtime compensation to employees who travel for training purposes, unless
said travel time occurs outside an employee's regular work hours.Compensation will be provided based
upon the most expedient mode of employee travel.
ARTICLE VII
COMPENSATORY TIME OFF
SECTION 1. ACCUMULATION AND PAYMENT OF COMPENSATORY TIME. All earned
overtime may be credited to employees' Compensatory Time Off(CTO) banks or be paid cash, at the
employee's option. Employees may cash out accrued,unused CTO at the employee's Gross rate of pay,
whenever the employee wishes, at their option. Payment shall be in the first pay period following the
employee's request therefore. CTO may be carried over from one year to the next,not to exceed eighty
80)hours. Employees shall be paid for all accumulated CTO upon separation at their Gross rate of pay.
SECTION 2. USAGE OF COMPENSATORY TIME. An employee who submits a request to use
accumulated CTO a minimum of seven(7)calendar days in advance of the requested time off must be
granted the leave,provided that such request does not create an undue disruption in the City's ability to
provide proper coverage as defined by Federal Law. Scheduled primary and scheduled secondary
vacation requests may not be canceled due to the application of this provision. However, management
has the right to deny a seven (7) day request if the voluntary overtime process does not provide
appropriate coverage for requested time off.
ARTICLE VIII
CALL BACK COMPENSATION
SECTION 1. CALL BACK COMPENSATION. If employees are required to report back to work after
completing a normal work shift and have left the City premises and/or work location, or when on a
regular day off or any other day when they are not regularly scheduled to work, they shall be
compensated in cash or in compensatory time off for actual hours of work (including 30 minutes of
travel),with a minimum of three (3)hours call back compensation, regardless of whether the employee
works less than three(3) hours. Compensation shall be at time and one-half(1'/2)the employee's Gross
of pay. Entitlement to call back compensation shall provide that an employee who is called back shall
be regarded as having commenced actual hours of work thirty (30) minutes prior to arriving at the
designated work location.
The three-hour minimum shall not apply when an employee is called back immediately prior to their
regular scheduled shift and works continuously to the start of their regular work shift. after the call back.
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ARTICLE IX
COURT TIME
SECTION 1. Parties agree to incorporate by reference existing departmental policies and written
procedures covering the subject of court time except to the extent they conflict with this MOU.
SECTION 2. COURT APPEARANCE PAY. Employees required to appear or testify while off-duty
and in response to a subpoena relating to activities arising out of the course and scope of employment,
shall receive time and one-half(1 Y2) the employee's Gross rate of pay for the actual number of hours
spent in their testimony or appearance (including 30 minutes of travel), or two (2) hours, whichever is
greater. For the purposes of this Section, the computation of the actual number of hours of work shall
include all meal and break periods.
SECTION 3. ON-CALL COURT COMPENSATION. Whenever an employee has been placed on-call
while off-duty,including for telephonic testimony,in response to a subpoena relating to activities arising
out of the course and scope of employment, the employee shall be paid at the employee's straight-time
Net rate of pay in cash payment or CTO, as follows:
A. On-call is for two (2) hours, regardless of the actual duration of being on-call and/or shift start
times for each morning session(0800-1230), and an additional two (2)hours for each afternoon
session(1230-1700).
B. If an employee is notified that the on-call status has been trailed, modified, or canceled by 1700
hours the day prior to the on-call day, no compensation is authorized.
C. Employees called to court while on-call during a morning of afternoon court session will receive
overtime pay or CTO for the actual hours worked plus thirty (30)minutes travel time, or two (2)
hours, whichever is greater, per the terms of Section 2, above. An employee shall not receive
on call"pay and"appearance pay" for the same court session.
D. Employees called to court in the afternoon, while on-call in the morning, will receive on-call
compensation for the morning and overtime for the actual time worked, plus thirty (30)minutes
travel time or two (2)hours, whichever is greater, in the afternoon.
E. In the event an employee has multiple on-call subpoenas, during the same court session, only
one (1) on-call subpoena OR one (1) overtime will be compensated. This will include an
employee already in court or assigned to an overtime assignment.
F. Once an employee appears or completes testifying in a case, they are deemed released from that
subpoena that resulted in their appearance or testimony,unless specifically otherwise advised by
the Court or subpoenaing party.
G. If an employee is required to return to the court after a court authorized break and/or the court
designated lunch period, the employee will be compensated at the employee's Gross rate for the
break and/or court designated lunch period. This Section will only apply to the same subpoena.
H. In the event an employee is excused from court and subject to recall,a new subpoena would need
to be issued in order to be eligible for any compensation.
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SECTION 4. A Police Officer who transfers from another law enforcement agency into service with
the City and is required to appear in court in connection with a criminal or civil subpoena issued in
relation to an incident arising out of that previous employment relationship shall be allowed to appear
in response to the criminal or civil subpoena without loss of pay if the employee is normally scheduled
to be on duty at the time of testimony. If the employee is off duty at the time of the testimony or
appearance, the employee shall be compensated as if the matter arose out of the course and scope of
present employment, as set forth above. If the employee is placed on call or standby and if off-duty,
the employee shall be compensated as though the matter arose out of the scope of employment as set
forth above.
ARTICLE X
SPECIAL ASSIGNMENTS AND PREMIUM PAYS
SECTION 1. SPECIAL ASSIGNMENT GUIDELINES. Employees may be assigned, from time-to-
time, by the Police Chief in a special assignment and shall receive additional compensation, above the
employee's regular compensation during the period of such special assignment,provided the employee
is performing all the significant duties of the special assignment. The amount of additional
compensation shall be determined by the special assignment and special pay provisions as defined in
Section 2 of this Article. These special assignments to positions shall be made or revoked at the
discretion of the Police Chief. The Police Chief will consult with the Association regarding the
development of selection guidelines for special assignments;however,the decision of the Police Chief
is final in determining the selection guidelines.
A. Employees assigned to positions specified in Section 2 below shall move on a step-to-step basis
without changing anniversary dates.
B. There is no period of probation required in a special assignment and no permanency or seniority
may be obtained in a special assignment. An employee who has attained permanency in a
classification retains that status during special assignments.
C. Reductions in the number of special assignments which require the removal of one (1) or more
employees from the special assignment shall be based on department seniority. Whenever an
employee is removed from a special assignment because of a reduction in the number of available
assignments, for a two (2) year period after the date on which the reduction occurred, that
employee shall be entitled to fill the first vacancy within that particular special assignment.
SECTION 2. SPECIAL ASSIGNMENTS.
A. Motor Officers. Police Officers assigned by the Police Chief as a Motor Officer shall receive an
additional six and one-half percent(6.5%) compensation above the employee's monthly base rate
of pay during the period of such assignment. This form of pay, also referred to as "Motorcycle
Patrol Premium", shall be reported to CalPERS as special compensation, and is therefore
compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4),
and pensionable compensation for New Members pursuant to CalPERS Regulations, Section
571.1(b)(3).
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Motor Officers shall clean and maintain their City issued vehicles during their regular work hours.
If any cleaning or maintenance is required to be done outside the regular workday and will trigger
overtime pay, approval for such work must be obtained from the immediate supervisor prior to
performing such work.
B. Investigators (Detectives). Police Officers assigned by the Police Chief as Investigators (also
referred to as Detectives) shall receive an additional seven and one-half percent (7.5%)
compensation above the employee's monthly base rate of pay during the period of such
assignment. This form of pay, also referred to as "Police Investigator Premium" shall be reported
to CalPERS as special compensation,and is therefore compensation earnable for Classic Members
pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New
Members pursuant to CalPERS Regulations, Section 571.1(b)(3).
C. Canine Officers. Police Officers may be assigned by the Police Chief as Canine Handlers and
shall be responsible for maintaining,training,and utilizing a police service dog during their regular
duties. Employees assigned as Canine Officers shall receive six and one-half percent (6.5%)
compensation above the employee's monthly base rate of pay during the period of such assignment.
This form of pay, also referred to as "Canine Officer/Animal Premium", shall be reported to
CalPERS as special compensation, and is therefore compensation earnable for Classic Members
pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New
Members pursuant to CalPERS Regulations, Section 571.1(b)(3).
In addition, Canine Officers shall also be compensated for the off-duty care, maintenance, and
training of police service dogs in the amount of eight (8) hours per month at an hourly rate of
17.00 per hour at time and one-half(8 x$25.50= $204.00 per month). The parties further agree
that eight (8) hours per month constitutes the number of hours that Canine Officers reasonably
spend outside the regular work schedule for all time spent in relation to the care,maintenance,and
training of a police service dog and related equipment. With appropriate documentation,the City
agrees to separately and additionally compensate a Canine Officer for visits to the veterinarian
and/or other unusual occurrences that are handled outside of the Canine Officer's regular work
hours at the rate of one and one-half(1.5) times the Canine Officer's regular rate of pay for the
actual number of hours spent in such activities. This $204.00 per month compensation is not
reportable to CalPERS as special compensation.
The parties agree that payment by the City in accordance with this Section shall satisfy all City
FLSA obligations with respect to the care,maintenance,and training of police service dogs. There
is no period of probation required as a Canine Handler and no permanency or seniority may be
obtained in such assignment. Police Officers assigned as Canine Handlers shall serve at the
pleasure of the Police Chief and may be reassigned at the sole discretion of the Chief.
D. Corporals. Police Officers may be assigned by the Police Chief as Corporals within the Patrol,
Motors, or Canine units and shall receive special ten percent (10.0%) compensation above the
employee's monthly base rate of pay during the period of such assignment. This form of special
pay, also referred to as "Lead Worker/Supervisor Premium" shall be reported to CalPERS as
special compensation, and is therefore compensation earnable for Classic Members pursuant to
CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members
pursuant to CalPERS Regulations, Section 571.1(b)(3).
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Corporals, while assigned as such, may not pyramid special assignment pay for the following:
Training Manager, Motor Officer, Investigator, Gang Unit Detective or Rotator, Canine, Field
Training Officer, Homeless Engagement and Resource Team, or Senior Officer. Corporals
will, however, be permitted to pyramid their Corporal special assignment pay with any or all
of the following: Crime Scene Investigator, Bilingual Premium, Shift Premium, and
CNU/SWAT pay. There is no period of probation required as a Corporal, and no permanency
or seniority may be obtained in such assignment. Police Officers assigned to this special
assignment serve at the pleasure of the Police Chief and may be reassigned at the sole
discretion of the Police Chief. For the purposes of this Section, there shall be no carry-over of
pay or rank upon re-assignment or voluntary transfer to another unit. Corporals who accept
assignments to Motor, Investigator, Gang Unit Detective, Training Manager, or Canine shall
lose their status as Corporals.
E. Gang Unit Investigators (Rotators). Patrol Officers and Corporals may be specially assigned to
the Gang Unit by the Police Chief,who retains discretion to remove an employee from such special
assignment without cause. Patrol Officers assigned to the Gang Unit will receive seven and one-
half percent(7.5%)compensation above the employee's monthly base rate of pay during the period
of such assignment. This form of pay, also referred to as "Gang Detail Assignment Premium"
shall be reported to CalPERS as special compensation,and is therefore compensation earnable for
Classic Members pursuant to CalPERS Regulations, Section 571(aX4), and pensionable
compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(3).
Gang Unit Investigators will serve for a period of one (1) year, which may, upon the mutual
agreement of the employee and the Police Chief, be extended for a period up to an additional two
2) years. An employee of the rank of Corporal who is specially assigned to the Gang Unit will
retain their Corporal status. At the end of an employee's special assignment to the Gang Unit,the
employee will resume regular Patrol assignment.
F. Training Manager. Police Officers assigned by the Police Chief as Training Manager shall
receive an additional seven and one-half percent (7.5%) compensation above the employee's
monthly base rate of pay during the period of such assignment. This form of pay, also referred to
as "Training Premium", shall be reported to CalPERS as special compensation, and is therefore
compensation earnable for Classic Members pursuant to CaIPERS Regulations, Section 571(a)(4),
and pensionable compensation for New Members pursuant to CalPERS Regulations, Section
571.1(b)(3).
G. Special Investigations Unit_ Police Officers assigned by the Police Chief to the Special
Investigations Unit (SIU) shall receive an additional seven and one-half percent (7.5%)
compensation above the employee's monthly base rate of pay during the period of such assignment.
SIU Investigators are not eligible for the Shift Differential Premium. This form of pay, also
referred to as "Police Investigator Premium", shall be reported to CalPERS as special
compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS
Regulations, Section 571(a)(4), and pensionable compensation for New Members pursuant to
CalPERS Regulations, Section 571.1(b)(3).
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H. Driving Under the Influence(DUI)Team.Police Officers assigned by the Police Chief in a special
assignment on the DUI Team shall receive an additional five percent(5.0%) compensation above
the employee's monthly base rate of pay during the period of such assignment. This form of pay,
also referred to as "DUI Traffic Officer Premium", shall be reported to CalPERS as special
compensation,and is therefore compensation earnable for Classic Members pursuant to CalPERS
Regulations, Section 571(a)(4), and pensionable compensation for New Members pursuant to
CalPERS Regulations, Section 571.1(b)(3).
I. Homeless Engagement and Resource Team (HEART). Police Officers assigned by the Police
Chief in a special assignment on the HEART Team shall receive an additional five percent(5.0%)
compensation above the employee's monthly base rate of pay during the period of such
assignment. This form of pay, also referred to as "Police Liaison Premium", shall be reported to
CalPERS as special compensation, and is therefore compensation earnable for Classic Members
pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New
Members pursuant to CalPERS Regulations, Section 571.1(b)(3).
J. Bike Team. Police Officers assigned by the Police Chief in a special assignment on the Bike Team
shall receive an additional five percent (5.0%) compensation above the employee's monthly base
rate of pay during the period of such assignment. This compensation is not compensation earnable
or pensionable compensation pursuant to CalPERS Regulations.
SECTION 3. PREMIUM PAYS.
A. Crime Scene Investigator. Employees assigned as Crime Scene Investigators within the Field
Services Division shall receive $250.00 per month during the period of such assignment.
Employees may be assigned at the discretion of the Police Chief or a duly authorized designee.
This form of pay, also referred to as "Crime Scene Investigator Premium", shall be reported to
CalPERS as special compensation for sworn members only, and is therefore compensation
earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and
pensionable compensation for New Members pursuant to CalPERS Regulations, Section
571.1(b)(3).
B. Field Training Officer. Police Officers assigned to Patrol and Police Officers assigned as Motor
Officers who are designated as Field Training Officers shall receive$219.23 per pay period,during
any pay period they are assigned a trainee. Classifications of Police Dispatcher, Parking Control
Officer II, and Police Services Officer assigned to train employees shall receive $126.92 per pay
period, during any pay period they are assigned a trainee. This sum shall be paid only for those
pay periods during which the individual is specifically assigned to a trainee for any part of the pay
period. Corporals shall not qualify for training premium. This form of pay, also referred to as
Training Premium", shall be reported to CalPERS as special compensation, and is therefore
compensation earnable for Classic Members pursuant to CalPERS Regulations,Section 571(a)(4),
and pensionable compensation for New Members pursuant to CalPERS Regulations, Section
571.1(b)(3).
C. Bilingual. Employees assigned to perform bilingual speaking duties shall receive Bilingual
premium pay of $300.00 per month. This form of pay, also referred to as `Bilingual Premium",
shall be reported to CalPERS as special compensation,and is therefore compensation earnable for
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Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable
compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(3).
Bilingual Assignments shall be made on the following basis:
1) The Police Chief, with the approval of the Human Resources Director, shall determine the
number of Bilingual Assignment positions that are necessary based upon a demonstrable need
and the frequency of use; and
2) The Police Chief shall determine the languages appropriate for Bilingual Assignment; and
Employees receiving Bilingual Assignment compensation shall be required to take and pass
a proficiency test on an annual or as needed basis, as determined by the Human Resources
Department.
D. Senior Officer. Police Officers not assigned to a special assignment as defined in Sections 2
of this Article shall receive five percent(5.0%) Senior Officer Pay above the employee's monthly
base rate of pay during the period of such assignment,upon completion of six (6) years of sworn
service with the Orange Police Department. This compensation is not compensation earnable
or pensionable compensation pursuant to CalPERS Regulations.
E. Shift Differential. All employees who are either (1) assigned to shifts that start between 1200
hours (12:00 p.m.) and 0600 hours (6:00 a.m.), or (2) any employee subject to periodic shift
rotation shall receive a two percent(2.0%) compensation above the employee's monthly base rate
of pay during the period of such assignment. Shift assignments shall be made or revoked at the
discretion of the Police Chief. This form of pay, also referred to as "Shift Differential", shall be
reported to CalPERS as special compensation, and is therefore compensation earnable for Classic
Members pursuant to CalPERS Regulations, Section 571(a)(4),and pensionable compensation for
New Members pursuant to CalPERS Regulations, Section 571.1(b)(3).
F. Crisis Negotiation Unit (CNU) or Special Weapons And Tactics (SWAT) Team. Employees
assigned to CNU or SWAT shall receive an additional $200.00 per month in addition to their
regular salary, for the duration of this assignment. An assignment to the CNU or SWAT team is
not considered permanent and said assignment to or removal from these units is solely based upon
the discretion of the Police Chief or a duly authorized designee.It is understood that the department
does not need cause or grounds for the removal of any employee from either of these teams. Such
removal is not considered to be a punitive action, and is not subject to appeal. This compensation
is not compensation earnable or pensionable compensation pursuant to CalPERS Regulations.
G. Returning to Patrol. Police Officers who have served for four(4)years or more in the special
assignments of Motors and/or Investigators who volunteer to return to Patrol shall receive eight
percent(8.0%)compensation above the employee's monthly base rate of pay upon return to Patrol.
This will not apply to officers who are returned to Patrol as the result of discipline or performance
issues. Employees who receive Return to Patrol Premium will not receive for Senior Officer Pay.
This compensation is not compensation earnable or pensionable compensation pursuant to
Ca1PERS Regulations.
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H. Drug Recognition Expert (DRE). Upon proof of certification as a Drug Recognition Expert,
employees shall receive $250.00 per month beginning on the first day of the next pay period
following certification.
I. Longevity Pay. Employees shall be eligible to receive the highest of the following monthly amounts
for which they qualify:
Completed Years of Service Monthly Premium
10 Years of Service 200.00
15 Years of Service 300.00
20 Years of Service 400.00
25 Years of Service 500.00
For purposes of this benefit,years of service is defined as follows: 1)for all non-sworn employees,
all years of full-time service with the City of Orange; and 2) for sworn employees, years of service
as a full-time paid sworn law enforcement officer or years of full-time service with the City of
Orange, whichever is greater. For years of sworn service other than the City of Orange, employee
shall provide City with proof of eligible service. The Police Chief and Human Resources Director
shall have final approval of service eligibility. Employees shall be responsible for notifying the
department of their eligibility for longevity pay at each tier. The effective date is then applied to
the following pay period.
This form of pay, also referred to as "Longevity Pay", shall be reported to CalPERS as special
compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS
Regulations, Section 571(a)(4), and pensionable compensation for New Members pursuant to
CalPERS Regulations, Section 571.1(b)(3).
ARTICLE XI
EDUCATIONAL INCENTIVE AND REIMBURSEMENT
SECTION 1. Police Officers shall be eligible to receive Educational Incentive pay according to the
chart below. Employees who qualify for this pay shall be compensated for the highest of the following
monthly amounts for which they qualify:
F.I)l 1CATIONAL LEVEL MONTHLY INCENTIVE
60-89 Units (for employees hired prior to 11/10/2020) 100.00
90 Units or more(for employees hired prior to 11/10/2020) 120.00
Associate's Degree (for employees hired prior to 11/10/2020) 150.00
Bachelor's Degree 450.00
Master's Degree in area related to Law Enforcement, Public
Administration, or Management from an accredited university,700.00
as approved by the City Manager or a duly authorized designee
This incentive pay shall become effective on the first day of the next pay period following the
employee's submission of official transcripts. This form of pay, also referred to as "Educational
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Incentive" shall be reported to CalPERS as special compensation, and is therefore compensation
earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(2), and pensionable
compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(2).
SECTION 2.POST CERTIFICATION PAY. Police Officers shall be eligible to receive Peace Officer
Standard Training (POST) Certification at the highest monthly amount for which they qualify:
CERTIFICATION LEVEL MONTHLY INCENTIVE
POST Intermediate Certificate 200.00
POST Advanced Certificate 250.00
This incentive pay shall become effective on the first day of the next pay period following the
employee's submission of certificate. This form of pay, also referred to as "Peace Officer Standard
Training (POST) Certificate Pay" shall be reported to CalPERS as special compensation, and is
therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section
571(a)(2),and pensionable compensation for New Members pursuant to CalPERS Regulations,Section
571.1(b)(2).
SECTION 3. EDUCATIONAL REIMBURSEMENT AND PROFESSIONAL DEVELOPMENT.
The City will reimburse employees for the cost of tuition, textbooks, registration, health fees, and
parking fees required for approved community college and college courses. Educational
reimbursement payments to an employee shall not exceed $1,500.00 in any one fiscal year and the
employee must still be employed by the City when the course is completed. Reimbursement will be
provided for courses that are taken to satisfy requirements for attaining a degree in a job-related field
or which is management-related.
In addition, approved professional development courses are defined as those that are POST approved
that directly improve the knowledge of the employee relative to their current position or to a position
to which the employee may seek promotion or assignment, and must be approved by the Police Chief
and the Human Resources Director prior to registration. Professional development reimbursement is
only for registration fees and excludes expenses related to travel, lodging, meals, and incidental
expenses related to per diem.
Reimbursement will be based upon a final grade of C or better or where a course is taken as credit/no
credit, a final grade of"credit"or a certificate of completion is received.
ARTICLE XII
UNIFORM ALLOWANCE
SECTION 1. The City will purchase uniforms for all regular, full-time and part-time uniformed
employees of the Police Department. Qualified part-time employees are those employees scheduled
in the budget to work at least twenty (20) hours a week on a year-round basis. Except as provided
herein, a uniform allowance shall be reported to CalPERS in the amount of$230.00 per calendar year
per employee for sworn employees, and $190.00 per calendar year for non-sworn employees. Police
Officers assigned as a Detective or Investigator/Rotator(with the exception of the Bike Team and the
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Training Manager), and Civilian Investigative Officers (CIO) as of July 1st each year, shall receive a
clothing allowance while so assigned equal to $500.00 per fiscal year. Individuals receiving this
clothing allowance shall not be entitled to receive the two (2) partial uniforms (two pants and two
shirts) provided to other Police Officers during any such fiscal year. This does not relieve any
individual from strict compliance with applicable Department Policy. The clothing allowance shall be
paid in a one-time payment,in the first full pay period following July 1st. All uniforms thus purchased
shall remain the property of the City of Orange. This form of pay, also referred to as "Uniform
Allowance", shall be reported to CalPERS as special compensation, and is therefore compensation
earnable for Classic Members pursuant to CalPERS Regulations,Section 571(a)(5);however,this form
of pay is not pensionable compensation for New Members.
SECTION 2. Safety equipment as designated by the Police Chief 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.
ARTICLE XIII
HOLIDAYS
SECTION 1.
A. All employees in this Association work without regard to holidays.
B. Effective each January 1st, employees covered by this MOU shall receive 105 hours of holiday
accrual to be taken as time off or converted to cash. Unused holiday leave may be cashed out at
any time,upon request of the employee. Accruals not used or converted to cash within the twelve
12)month period between January 1st and December 31 st shall automatically be paid in the final
pay period in December.
C. As set forth in this MOU,the terms'holiday pay'or'holiday pay in lieu of time off' shall be paid
at the employee's Net rate of pay. Holiday pay shall be reported to CalPERS as compensation
earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and
pensionable compensation for New Members and pursuant to CalPERS Regulations, Section
571.1(b)(3).
D. Employees assigned to classifications covered by this MOU after January 1st shall receive
prorated holiday accruals, one-twelfth(1/12)of their holiday accrual for each month remaining
in the twelve (12)month period between January 1st and December 31 st
E. To qualify for this benefit, on the applicable January 1st, employees must be considered
active and not be considered off work due to any form of unpaid leave of absence, and
have worked a minimum of six (6) months and one (1) day of City service. Employees
who return to work following an unpaid leave of absence shall receive prorated holiday
accruals, as noted above.
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SECTION 2. Employees working on holidays designated below shall receive double pay for hours
worked on the holiday, which shall consist of holiday pay plus the employee's regular straight time
hourly pay for all hours worked, or time off equivalent to the number of hours worked on the holiday.
For the purposes of this provision, each holiday will be considered a ten (10) hour day. Employees
shall receive no other compensation for working on a holiday, except that an employee who works
hours in excess of regular scheduled work shifts on a designated holiday shall receive premium
compensation.
1) January 1st(New Year's Day)
2) The third Monday in February (Presidents' Day)
3) Last Monday in May (Memorial Day)
4) July 4th (Independence Day)
5) First Monday in September(Labor Day)
6) November 11 th (Veterans Day)
7) Fourth Thursday in November(Thanksgiving Day)
8) Fourth Friday in November(Day after Thanksgiving)
9) December 25th (Christmas Day)
SECTION 3. Holiday hours shall be taken at the convenience of the City with the approval of the Police
Chief or a duly authorized designee.
SECTION 4. Employees who terminate their employment with the City prior to completing one year of
full-time employment shall receive the pro-rata portion of their holiday pay in cash reimbursement at
the employee's Net rate of pay. Pro-rated holiday shall be on the basis of one-twelfth (1/12) of the
employee's annual holiday hours for each full month of service of the employee during the employee's
anniversary year.
ARTICLE XIV
VACATION
SECTION 1. VACATION ACCRUAL. All full-time, regular employees accrue paid vacation bi-
weekly, as follows:
After Year(s)of Service Vacation Hours Per Year Bi-Weekly
0 through 4 80 3.08
5 through 10 120 4.62
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12
128 4.92
136 5.23
13 144 5.54
14 152 5.85
15 160 6.15
After completion of fifteen (15) years of continuous employment, all full-time regular employees
described herein shall accrue an additional four(4)hours of vacation per year up to a maximum of 220
vacation hours after thirty (30)years continuous employment with the City.
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SECTION 2. VACATION USAGE AND ACCUMULATION. Vacation shall be taken at the
convenience of the City with the approval of the Police Chief or a duly authorized designee. Vacation
hours not in excess of hours earned in the immediately preceding twenty-four(24) month period may
be accumulated with the permission of the Police Chief and the Human Resources Director. All
vacation hours in excess of the equivalent number of hours earned in the immediately preceding twenty-
four(24)month period shall not be accrued to the employee's accumulated vacation.
An employee serving an initial probationary period with the City shall accrue vacation as set forth
above but may not use vacation until the completion of the initial probationary period with the City.
These employees are permitted to use all other leaves, including bereavement leave, sick leave, CTO
and holiday leave, according to applicable procedures.
SECTION 3. VACATION CONVERSION. An employee may convert up to fifty percent (50%) of
current annual vacation accrual into cash in lieu of time off with pay at the employee's Net rate. An
employee requesting such a conversion may so convert twice in a fiscal year,however,the total amount
converted per fiscal year shall not exceed fifty percent (50%) of the employee's annual accrual.
Employees serving their initial hire probationary period shall not be eligible for vacation conversion.
SECTION 4. VACATION PAYOUT UPON TERMINATION. Employees who terminate their
employment shall be paid for all accrued vacation including a pro-rated portion of any final pay period
at the employee's Net rate of pay.
ARTICLE XV
PROBATIONARY PERIOD
SECTION 1. An employee initially appointed to a classification shall serve a probationary period
during which the employee shall have an opportunity to demonstrate suitability for the job. The
probationary period for all new police officers, except lateral police officers, shall be eighteen (18)
months. Lateral police officers will continue to be subject to a probationary period of twelve (12)
months. The probationary period for dispatchers shall commence when appointed to the classification
and shall conclude twelve(12)months following the completion of the initial dispatcher training. The
probation for all other employees shall conclude twelve (12) months after the date of appointment to
the classification. Under certain conditions, with the approval of the Human Resources Director and
the Police Chief, the probationary period may be shortened or extended. The employee shall attain
regular status in the classification upon successful completion of the probationary period.
SECTION 2. Any probationary employee shall be entitled to appeal termination or demotion action,
in accordance with the Grievance Procedure set forth in this MOU but is restricted to the informal part
of the grievance process referenced in Article XXVI, Section 4.
SECTION 3. 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 above.
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ARTICLE XVI
LEAVES OF ABSENCE
SECTION 1. LEAVE WITHOUT PAY.
A. After all available leave benefits have been completely used, a regular employee not under
suspension may make application for leave without pay.
B. If the Police Chief and Human Resources 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 Human Resources 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 Human
Resources Director's opinion such additional leave is merited, and would still serve the best
interests of the City,the employee 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
the intent to return to work. During a leave without pay in excess of five (5) working days,
no seniority shall be accumulated. Such leave shall be granted on the same basis for
pregnancy, childbirth and other medically related conditions, except that such an employee
shall retain her seniority rights.
E. Any employee who engages in outside employment during said leave of absence without
permission of the Human Resources Director and the Police Chief or a duly authorized
designee may be subject to termination. Any employee who falsifies the reason for request
for said leave of absence may be terminated for falsifying a request for leave of absence.
F. Notwithstanding Subsection A above, a regular employee not under suspension may make
application to the Police Chief or a designee for Leave Without Pay for injury or illness not
determined to be compensable under applicable workers compensation law. The employee need
not exhaust all their accrued leave accounts, but must use all available sick leave up to a
maximum of thirty (30)calendar days prior to Leave Without Pay being granted.
G. An employee will have the option to use all or part of the remaining available sick leave and,
with approval of the Police Chief or designee, vacation and/or CTO prior to taking Leave
Without Pay for the purpose set forth in Subsection F above.
SECTION 2. PERSONAL NECESSITY LEAVE. Employees may be allowed up to one (1) working
day per month without pay for personal business with approval of the Police Chief. Employees shall
accrue no employment benefits for any personal necessity leave in excess of one (1) day per month.
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Such personal necessity leave shall be without pay and shall not be accumulated from month to month.
SECTION 3. CIVIC DUTY.
A. Jury Duty. When required to serve on a jury, all employees shall have time off for a period
of actual service required on the jury. Employees shall receive their normal pay while serving
on jury duty,provided all jury fees paid to the individual employee are turned over to the City,
with the exception of automobile expenses allowed. Once an employee has completed jury
service,the employee must provide the Certificate of Jury Service to the immediate supervisor
to qualify for jury duty compensation.
B. Witness Service. If an employee is called as a law enforcement witness, the employee shall
receive normal pay upon the payment of any witness fees that accrue to the employee for
witness services.
SECTION 4. MILITARY LEAVE OF ABSENCE. If an employee is deployed or required to attend
military training, the employee shall be entitled to military leave of absence under the provisions of
Federal and State laws including the Uniform Services Employment and Re-employment Rights Act
USERRA) and the California Military and Veterans Code. Employees must provide a copy of their
military orders, and Leave and Earnings Statements (LES) if requested, to the Human Resources
Department to qualify for military leave of absence. Any exceptions to this provision shall be
considered on a case-by-case basis, with final approval of the Human Resources Director.
SECTION 5. SICK LEAVE. Sick leave with pay shall be allowed, credited, and accumulated in
accordance with the following:
A. For employees working a regular forty (40) hour week, eight (8) hours of sick leave will
accrue for each month of continuous service.
B. All non-benefited employees shall receive sick leave as required by State law.
C. For each day the employee is absent, the employee will be charged the number of hours
they are normally scheduled to work that day.
D. Any employee eligible for sick leave with pay may use such leave for the following reasons:
1) Medical, dental, and vision office appointments during work hours when authorized
by the Police Chief or a duly authorized designee; 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) Forty-eight(48)hours per calendar year(non-cumulative)may be used for an absence
caused by illness or injury of any 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(living at the same address), and any parent,
substitute parent, parent-in-law, spouse, registered domestic partner, child, brother,
sister, grandchild or grandparent of the employee, or "designated person" pursuant to
AB 1041, regardless of residence.
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4) For an employee who is a victim of domestic violence, sexual assault, or stalking, for
the purposes described in Labor Code sections 230(c)and 230.1(a).
E. Any employee who engages in outside employment during sick leave without permission
of the Police Chief or a duly authorized designee may be subject to termination. Any
employee who falsifies the reason for request for said leave of absence may be terminated
for falsifying a request for leave of absence.
F. Sick Leave Application. Except as provided in Section D3 above, sick leave may be
applied only to absence caused by illness or injury of an employee and may not extend
to absence caused by illness or injury of a member of the employee's family. In any
instance involving use of a fraction of a day's sick leave, the minimum charged to the
employee's sick leave account shall be one-quarter 1/4) hour, while additional actual
absence of over one-quarter ('/4) hour shall be charged to the nearest one-half('/2) hour.
The Police Chief shall be responsible for control of employee abuse of the sick leave
privilege. Employees may upon prior notice be required to furnish a certificate issued by
a licensed physician or nurse or other satisfactory written evidence of any subsequent
illness.
G. Sick Leave Payout Program. Sick Leave shall be paid at the current rate of pay and be paid
off according to the following programs:
1) All sick leave accrued prior to January 1, 1997 shall fall under the following payout
program:
a) Accumulated sick leave balances as of December 31, 1996 shall be set aside in a
designated sick leave account and no further accumulation will be placed in this
bank. This accumulated sick leave will be available for the employee's use
according to the provisions outlined in subsections D (1), (2), (3),and(4).
b) Upon retiring from City service,including but not limited to retirement based upon
industrial disability,and entering CalPERS as a retired annuitant,an employee shall
receive no pay for the first 228 hours of accrued sick leave, but shall receive ten
percent (10%) pay for the next 252 hours of accrued sick leave, and thirty five
percent(35%)of all accrued sick leave thereafter.
c) Upon the death of an employee while employed by the City, 100%of all accrued
sick leave benefits accrued prior to January 1, 1997 shall be paid to the beneficiary
of the deceased employee. Payment will be made when proper authorization for
payment is received from the estate of the decedent employee.
2) All sick leave accrued after December 31, 1996,shall be placed in a new accrual
bank, shall have no maximum accrual amount, and shall be paid at the current rate of
pay.
a) Employees with accumulated sick leave balances of less than 352 hours,combining
both sick leave accounts described in subparagraphs 1) and 2) herein in the
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calculation to determine eligibility,shall fall under the following payout provision:
Employees who use less than thirty (30) hours of sick leave during the current
calendar year period shall be eligible to cash out, or credit to their accumulated
vacation, sixteen (16) hours of their accumulated sick leave. Sixteen (16) hours
will be deducted from their new accumulated sick leave bank. The employee must
file a sick leave payout designation form by the last pay period of each calendar
year in order to receive the sixteen (16) hours in either cash or vacation
accumulation beginning January 1998 and each subsequent January. However, no
hours will be converted to vacation if said conversion places the employee's
vacation bank over the maximum allowable accrual. In this case, all sick leave
hours eligible for conversion will instead automatically be converted to cash.
Conversion of sick leave to vacation shall occur in the first pay period of January
based upon sick leave usage during the previous payroll calendar year. 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 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
maximum 96 hours) to cash or accumulated vacation at a rate of fifty percent
50%) of their current pay rate. 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 pay or accumulated vacation. The
employee must file a sick leave payout designation form by the last pay period of
each calendar year in order to receive the remaining unused sick leave in either cash
or vacation accumulation beginning January 1998 and each subsequent January.
However, no hours will be converted to vacation if said conversion places the
employee's vacation bank over the maximum allowable accrual. In this case, all
sick leave hours eligible for conversion will instead automatically be converted to
cash. Conversion of sick leave to vacation shall occur in the first pay period of
January based upon sick leave usage during the previous payroll calendar year. If
no designation form is filed,the hours will automatically remain in the employee's
new sick leave accumulation account.
c) Upon service retirement or industrial disability retirement from employment with
the City and entering CalPERS as a retired annuitant, for sick leave hours
accumulated after December 31, 1996, an employee shall receive payment at the
employee's Net rate into the employee's Retirement Health Savings Plan (RHSP)
as follows:
i. No pay for the first 100 hours(0 to 100 hours)of accrued sick leave;
ii. Twenty-five percent(25%) pay for up to the next 100 hours (101 to 200
hours) of accrued sick leave;
iii. Fifty percent(50%)pay for up to the next 250 hours(201 to 450 hours).
d) Upon separation of employment from the City for any reason other than retirement
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or death an employee shall be paid at their Net rate of pay for sick leave hours
accumulated after December 31, 1996 as follows:
i. No pay for the first 100 hours(0 to 100 hours)of accrued sick leave;
ii. Twenty-five percent (25%) pay for up to the next 100 hours (101 to 200
hours) of accrued sick leave;
iii. Fifty percent(50%)pay of up to the next 152 hours of accrued sick leave
hours 201 to 352).
e) Upon the death of an employee while employed by the City, 100% of all accrued
sick leave benefits up to 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 deceased employee. Payment shall be at the
employee's Net rate.
SECTION 6. WORKERS' COMPENSATION. Workers' Compensation benefits will be provided as
follows:
A. Sworn Employees. Salary continuance for sworn employees will be provided in accordance
with the current State of California's Division of Workers' Compensation laws and
regulations.
B. Non-Sworn Employees. Upon acceptance of a work-related injury or illness claim,non-sworn
employees shall be granted temporary disability leave in accordance with the current State of
California's Division of Workers' Compensation Laws and regulations. For up to 365 days,
if a City employee is entitled to receive temporary disability payments, the City will
contribute additional compensation to allow the employee to receive 100% of their regular
rate of pay, or provide full salary continuance, for the first thirty (30) days starting from the
date of injury. The employee will then receive eighty percent (80%) of salary for up to an
additional 335 calendar days. Temporary disability leave in excess of 365 days will be
provided subject to current State regulations. Thereafter, the regular temporary disability
Workers' Compensation rate will apply.
C. Modified Light Duty Work Programs. An employee may be eligible for a temporary
modified light duty assignment while recovering from an injury or illness. The availability of
the assignment depends on the restrictive nature of the injury or illness and the availability of
light duty. This assignment is subject to approval of the Human Resources Director and
Police Chief.
D. Course o f Employment. Should it be determined by the employee's doctor, or an agreed
doctor by both parties, or an Administrative Law Judge through the Workers'
Compensation Appeals Board 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 or disabled as a result of the injury or illness, then the
employee's accrued,or if insufficient,future sick leave shall be charged to reimburse the City
for any payments made to the employee pursuant to above.
E. Physician Pre-Designation. Before a work-related injury, an employee may elect to pre-
designate a qualified medical provider if done in accordance with the State of California's
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Division of Workers' Compensation. Pre-designation regulations include but are not limited
to the following criteria:
1) The physician has a previous history of directing the medical treatment of the employee;
2) The physician retains the medical records and history of the employee; and
3) The physician agrees to treat work-related injuries or illnesses in accordance with the
regulations.
F. Fringe Benefits. The City will continue to provide vacation, sick leave, insurance, and other
fringe benefits for employees who are receiving benefits pursuant to Labor Code Section 4850
or an accepted workers'compensation claim. Any fringe benefits not paid by the City pending
the determination of whether an injury/illness is job-related shall be paid retroactively if the
injury/illness is subsequently determined to be job-related. In such instances the employee
shall be reimbursed for any benefit or premium payments made by the employee prior to the
job-related determination being finalized.
G. Industrial Disability Retirement. An employee granted an industrial disability retirement
shall be entitled to participate in the Sick Leave Payment Program set forth in Section 4G of
this Article.
SECTION 7. BEREAVEMENT LEAVE. Bereavement Leave may only be used upon the death or
critical illness where a death appears to be imminent, of a member of the employee's immediate family.
Immediate family" as defined for the purposes of this Section shall be limited to: 1) Any relation by
blood,marriage or adoption,who is a member of the employee's household; or 2)Any parent, substitute
parent, parent-in-law, grand parent, aunt, uncle, spouse, child, brother, sister, registered domestic
partner, the employee's, spouse's or registered domestic partner's child, grandchild, parent, substitute
parent, grandparent, sibling, aunt, or uncle of the employee, regardless of residence.
Regular full-time employees shall be entitled to take up to three (3) working days of paid City
bereavement leave per incident. An additional two (2) days of leave may be taken from existing leave
accruals,for a maximum of five(5)days total per incident. Bereavement leave shall not accrue and may
not be carried forward into the next calendar year if not used. An employee on bereavement leave shall
inform the immediate supervisor of the fact and the reasons as soon as possible. Failure to inform the
immediate supervisor within a reasonable period of time, may be cause for denial of bereavement leave
with pay for the period of absence. The City may require proof of the relationship as a condition of
payment of bereavement leave. Employees wishing to take additional time off for bereavement may do
so, so long as time is charged to the employee's accumulated vacation or accumulated compensatory
time off account, with approval of the Police Chief, or a duly authorized designee.
ARTICLE XVII
PART-TIME EMPLOYEE BENEFITS
Part-time employees who are scheduled in the budget to work an average of at least twenty (20)hours
per week on a year-round basis will be entitled to pro-rated fringe benefits.
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ARTICLE XVIII
HEALTH BENEFITS
SECTION 1. HEALTH INSURANCE. The City contracts with CalPERS to make available those
health insurance benefits provided under the Public Employees' Medical and Hospital Care Act
PEMHCA).
A. Flexible Benefits Plan. The City shall provide a Section 125 Flexible Benefits Plan for
active full-time and part-time eligible employees and pay the following monthly amounts to
provide funds for optional health plans,dental plans,vision plans,health care reimbursement,
dependent care, or cash as established by the Internal Revenue Service. The following
amounts include the minimum amount required under PEMHCA,which is$151.00 per month
157.00 for 2024) and shall be adjusted annually each January 1st to the amount set by the
CalPERS Board of Administration.
Effective Date Nn_I, fartv I .iniiI
January 1, 2023 1,401.00 $1,895.00 $1,895.00
January 1, 2024 1,426.00 $1,620.00 $1,970.00
January 1, 2025 1,451.00 $1,670.00 $2,045.00
January 1, 2026 1,476.00 $1,720.00 $2,120.00
B. Any premium amount in excess of the amounts designated in Section A above necessary to
maintain benefits under any benefits plans selected by the employee shall be borne by the
employee.
C. No employee of the City or their covered dependents may be simultaneously enrolled under
two or more CalPERS health insurance plans at the same time.
D. Waiver. 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 of
group medical insurance coverage (e.g., coverage under a spouse's employer's plan) that is
compliant with the Affordable Care Act (ACA), as determined by the Human Resources
Department. Based upon determination that group medical insurance coverage is in full force
and effect, eligible employees hired prior to March 29, 2020 shall receive $1,295.00 per
month. Employees hired on or after March 29, 2020 who elect to waive medical insurance
shall receive $400.00 per month.
E. If the employee and spouse are both covered by this MOU,the employee who chooses not to
enroll shall receive the amount above noted as "If Waiving City Insurance" towards the
Flexible Benefits Plan. In the event that the employee loses eligibility (with documentation),
then the employee shall enroll in the PERS Health Benefits Plan pursuant to the PERS Health
Benefits Plan.
F. In the event an employee covered under this MOU is killed in the line of duty, the City shall
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make the premium contributions specified in Section 1A above, Flexible Benefits Plan for
up to five (5) years to any eligible dependent. Premium amounts in excess of the City's
contribution shall be borne by the eligible dependent. Once a dependent becomes eligible for
insurance coverage under another health plan, eligibility for coverage under this section shall
cease. The Police Chief and Human Resources Director shall determine whether the
employee's death qualifies as "killed in the line of duty".
G. In the event an employee covered under this MOU dies for reasons other than the result of
being killed in the line of duty, the City shall make the premium contributions specified in
Section 1 A Flexible Benefits Plan listed above for up to one(1)year to any eligible dependent.
This benefit shall be prorated based upon the employee's years of service:
Years of Service Percent of Premium Contribution Paid by City
0 - 10 years of service 50%of premium contribution
11 - 15 ears of service 75%of .remium contribution
15+years of service 100%of premium contribution
H. Premium amounts in excess of the City's contribution shall be borne by the eligible
dependent. Once a dependent becomes eligible for insurance coverage under another health
plan, eligibility for coverage under this Section shall cease.
I. Retired Annuitant Contribution. The City shall contribute toward the payment of premiums
under the CalPERS Health Benefits Plan to each eligible retired annuitant of CalPERS to the
extent required by law, a contribution of $151.00 per month ($157.00 for 2024). This
contribution shall be adjusted annually on January 1st to the amount set by the CalPERS Board
of Administration.
SECTION 2. A long-term disability insurance plan shall be selected by the Association and shall be
open to all employees set forth in Article I Section 1. If,during the term of this MOU,the Association
desires to change the carrier or the method of funding,then the City shall be given sixty(60)days prior
written notice of such intent.
SECTION 3. The City shall contribute the full premium towards a$50,000.00 life insurance benefit.
The City shall have the right to change life insurance carriers and administer the life insurance benefits
provided herein.
SECTION 4. RETIREE MEDICAL TRUST. On July 1,2000,the Association established and created
the "Premium Reimbursement Plan of the City of Orange Police Association Employee Benefit Trust."
The plan was voted on and approved by a majority of the members of the Association. This Trust is
governed by the Trust Agreement and Premium Reimbursement Plan documents. The purpose of the
Trust Fund is to provide an entity to which contributions from participating employees can be paid and
through which the elected or appointed Trustees can create and administer one or more employee
welfare benefit plans for the participating employees on whose behalf the contributions have been paid
and their beneficiaries. These benefits will be paid to the employees by the Trust as set forth in the
Trust Agreement and Premium Reimbursement Plan.
Further, in accordance with Internal Revenue Code Section 501c and a majority vote of the Association
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membership, all full-time employees shall contribute to the plan. As of the date of this MOU,the City
does not contribute any funds to the plan, but has agreed to withhold a pre-tax amount from each
employee's paycheck,an amount which is set in accordance with the by-laws of the Benefit Trust. The
City then pays these deductions to the Trust as soon as practical. This amount may change according
to the rules and guidelines set forth in the Trust Agreement and Reimbursement Plan. Responsibility
for the maintenance and investment of the Trust funds rests solely with the Trust's Board of Trustees
and the Association.
ARTICLE XIX
RETIREMENT
SECTION 1. The City participates in the California Public Employees' Retirement System(CalPERS).
This participation shall include,but is not limited to,the following retirement benefits:
A. Safety Retirement Formula — New Members. Safety employees who are New Members of
CalPERS as defined by California Government Code Section 7522.04(f)are subject to the 2.7% @
age 57 retirement formula as set forth in California Government Code Section 7522.25(d). These
New Members are subject to the three (3)year final compensation measurement period set forth in
California Government Code Section 7522.32. These New Members shall contribute fifty percent
of normal cost of retirement as determined by CaIPERS from their pensionable compensation, on a
pre-tax basis, as set forth in California Government Code Section 7522.30(c). In all other respects,
New Members shall be subject to the terms and requirements of Public Employees' Pension Reform
Act(PEPRA).
B. Safety Retirement Formula—Classic Members. Safety employees who are not defined as New
Members as outlined in Section A above are defined as Classic Members of Ca1PERS and are
subject to the 3% @ age 50 retirement formula as set forth in Section 21362.2 of the California
Government Code. These Classic Members are subject to the one (1) year final compensation
measurement period as set forth in California Government Code Section 20042. These Classic
Members shall contribute twelve percent (12.0%) of their compensation earnable as member
contributions, on a pre-tax basis.
C. Miscellaneous Retirement Formula—New Members. Miscellaneous employees who are New
Members of CalPERS as defined by California Government Code Section 7522.04(f)are subject to
the 2% @ age 62 retirement formula as set forth in California Government Code Section 7522.20.
These New Members are subject to the three (3) year final compensation measurement period as
set forth in California Government Code Section 7522.32. These New Members shall contribute
half of normal cost of retirement as determined by CalPERS from their pensionable compensation,
on a pre-tax basis,as set forth in California Government Code Section 7522.30. In all other respects,
New Members shall be subject to the terms and requirements of PEPRA.
D. Miscellaneous Retirement Formula — Classic Members. Miscellaneous employees who not
defined as New Members as outlined in Section C above are defined as Classic Members of
CalPERS and are subject to the 2.7% @ age 55 retirement formula as set forth in Section 21354.5
of the California Government Code. These Classic Members are subject to the one (1) year final
compensation measurement period set forth in California Government Code Section 20042. These
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Classic Members shall contribute eight percent (8.0%) of their compensation earnable as member
contributions, on a pre-tax basis.
SECTION 2. CALPERS 1959 SURVIVOR BENEFIT. The City provides the 1959 CalPERS Survivor
Benefit at the Fourth Level Option (California Government Code Section 21574) for all covered
employees. Employees shall pay their$2.00 monthly contribution through payroll deduction. The City
shall pay the employer portion subject to the following limit: $6.00 per month. Employees shall pay any
portion of the employer portion that exceeds $6.00 monthly.
SECTION 3. OTHER CALPERS OPTIONAL CONTRACT PROVISIONS.
BENEFIT BENEFIT APPLICABLE
LEVEL GOVERNMENT CODE
SECTION(S)
Post-Retirement Survivor Allowance Standard 21624 and 21626
Military Service Credit as Public Service Standard 21024
Military Service Credit for Retired Persons Standard 21027
Cost-of-Living Adjustment Standard(2.0%) 21329
ARTICLE XX
SAFETY AND HEALTH FITNESS
SECTION 1. The City and its employees agree to comply with all applicable Federal, State, and Local
laws as well as any City policies, which relate to health and safety. In addition, the City and the
Association agree to actively pursue the continuation of safe working procedures and environments.
SECTION 2. HEALTH FITNESS STANDARDS. In an effort to improve and maintain the
physical and mental wellbeing of all sworn employees, and to reduce the frequency and intensity of
work-related injuries and illness,the Association and the City agree to the following:
A. Smoking and Vaping.
1) As a condition of employment,employees shall refrain from smoking and vaping while
on duty.
2) Employees will be encouraged but not required to become non-smokers. Employees
will be provided with information, training, and/or other assistance as necessary to
assist in such effort.
3) Designated smoking/non-smoking areas will be established in Police Department
buildings and facilities.
B. Drug and Alcohol Program. The Association agrees to support the City-wide drug and alcohol
policy for all employees and will continue to enforce all Orange Police Department policies
regarding drug and alcohol use for sworn employees,subject to any legal restrictions imposed
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by Federal or State laws.
ARTICLE XXI
TRAVEL EXPENSE ALLOWED
The City will provide reimbursement for employees who use a personal vehicle for City business, at
the maximum rate per mile provided under the current IRS guidelines. In addition,when an employee
is required to remain at an out-of-town location for an entire day, the City will provide the employee
with their own hotel room so that the employee will not be required to share a hotel room with another
individual.
ARTICLE XXII
EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITY
SECTION 1. ASSOCIATION 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 ten (10)
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.
SECTION 3. ASSOCIATION RELEASE TIME. Upon notice to the City,and approval of the Police
Chief, or a duly authorized designee, the Association President or designated members of the
Association shall be granted leave from work to attend to Association related training, seminars, or
other lawful association related business. The Police Chief,or a duly authorized designee,is authorized
to grant up to a total of 180 hours off with pay per fiscal year for the Association President or designated
members(not 180 hours per member) for conducting Association related business. Release time shall
be approved by the Police Chief and shall not be unreasonably withheld. The Association President or
designated members shall be responsible for notifying a supervisor when release time is taken. Any
unused hours provided by the City shall be rolled over from one fiscal year to the next, provided that
the total shall not exceed 360 hours. The Association shall track the use of this benefit within the
employee's timesheet and departmental timekeeping system.
ARTICLE XXIII
LAYOFF PROCEDURES
SECTION 1. PURPOSE. The purpose of this Article is to establish and communicate the City's
procedures when a layoff or reduction in force is necessary. All Divisions or assignments within the
Department are subject to layoffs or reductions in force at the direction of the City Manager.
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SECTION 2. POLICY. The City retains the right to abolish any position, reduce the work force and
layoff employees when it becomes necessary due to economic conditions,organizational changes, lack
of work,or because the necessity of a position no longer exists. The following criteria shall be followed
during a layoff or reduction in force.
SECTION 3. PROCEDURE.
A. The order of layoff or reduction in force within the Department and by classification shall be
in the following order.
1) Temporary employees(19 hours or less);
2) Probationary employees;
3) Regular part-time employees;
4) Regular full-time employees.
B. The order of layoffs and reductions in force shall be based on Department seniority within
the classification as calculated by the Human Resources Director.
C. Whenever an employee is to be laid off, the employee may transfer or demote to a vacant
position in a lower classification that the employee 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, the employee 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 Human Resources 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(7)days of receiving the layoff notice;
5) Such demotions or transfers shall be from classification to classification without
regard for previously held special assignments. Employees have no right to assume a
previously held special assignment;
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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 layoff as established per Section 3A.
E. Employees from other Departments may not fill vacancies in the Police Department unless
all qualified Police employees have refused to accept the vacant position. Employees from
other Departments may not displace Police Employees.
F. Employees to be laid off shall be provided written notice at least seven (7) days in advance
of the layoff. Notice will be hand delivered to the employee whenever possible. If personal
delivery is not possible,the notice must be sent by certified mail to the last known address of
the employee.
G. Regular employees who are laid off shall be placed on a re-employment list for the last
classification held. Names shall be placed on the list in inverse order of seniority (last
released-first re-hired).Vacancies to be filled will be offered first to employees on the re-hire
list.
Other hiring departments must give priority consideration to those employees who appear on
a re-hire list for the same or similar classification. Ineligible employees are not selected for
re-hire, the reason for non-selection must be approved by the Human Resources 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 (2) years. Individuals
who refuse to accept a re-hire or who do not respond within seven(7)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
employee's responsibility to provide the Human Resources Department with a current mailing
address. Once re-hired,the employee will be removed from all re-hire lists.
ARTICLE XXIV
CITY MANAGEMENT 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 MOU or by law to
manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive
rights of Management,as they are not abridged by this MOU or by law,shall include,but not be limited
to,the following:
A. To manage the City generally and to determine issues of policy;
B. To determine the existence or non-existence of facts which are the basis of the Management
decision;
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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. To determine methods of financing;
F. To determine 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;
I. To assign work to employees in accordance with requirements as determined by the City;
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 just cause in
accordance with the provisions of procedures set forth in Departmental Disciplinary
Procedure;
M. To determine job classifications and to reclassify employees;
N. To hire,transfer, promote, and demote employees for non-disciplinary reasons in accordance
with this MOU;
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, modify, and promulgate reasonable rules and regulations, which are not in
contravention with this MOU to maintain order and safety in the City;
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
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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 XXV
NO STRIKE
PROHIBITED CONDUCT
SECTION 1. The Association, its officers, agents, representatives, and/or covered employees agree
that during the term of this MOU, they will not cause or condone any unlawful strike, walkout,
slowdown, sick-out, or any other unlawful job action by withholding or refusing to perform services.
SECTION 2. Any employee who participates in any conduct prohibited in Section 1 above shall be
subject to termination by the City in accordance with the procedures set forth in applicable State laws
and the Orange Police Department Policy Manual.
SECTION 3. In addition to any other lawful remedies or disciplinary actions available to the City, if
the Association fails,in good faith,to perform all responsibilities listed below in Section 1,Association
Responsibility,the City may suspend any and all of the rights,privileges, accorded to the Association
under the Employer-Employee Relations Resolution in this MOU, including but not limited to
suspension of the Grievance Procedure and dues deduction.
ASSOCIATION RESPONSIBILITY
SECTION 4. In the event that the Association, its officers, agents, representatives, or covered
employees 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 MOU and unlawful, and they must immediately cease engaging in conduct prohibited
in Section 1 above, Prohibited Conduct, and return to work.
SECTION 5. The City agrees to hold the Association harmless and indemnify the Association against
any claims, causes of actions, or lawsuits arising out of damages related to prohibited conduct in
Section 1 above,Prohibited Conduct,when the Association,in good faith,performs its responsibilities
under Section 1 above, Association Responsibility.
ARTICLE XXVI
GRIEVANCE PROCEDURE
SECTION 1.DEFINITION OF GRIEVANCE. A grievance shall be defined as a complaint by a current
employee or group of current employees or the Association concerning the interpretation or application
of specific provisions of this MOU, 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.
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SECTION 2. TIME LIMIT FOR FILING WRITTEN FORMAL GRIEVANCES. The time limits for
filing written formal grievances shall be strictly construed, but may be extended by mutual agreement
evidenced, in writing, and signed by a duly authorized designee of the City and of the grieving party.
Failure of the grieving party to knowingly fail to comply with any of the time limits set forth herein shall
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 them self. Grievances shall be presented on City time.
SECTION 3. INFORMAL PROCESS. An employee must first attempt to resolve the grievance on an
informal basis by discussion with an immediate supervisor without undue delay, or in no case, more
than fifteen(15) calendar days of discovery of the act or omission 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 Police
Chief. In order that this informal procedure may be responsive, all parties involved shall expedite this
process. When, within fifteen(15) calendar 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 Police Chief. The grievant is to state the
remedy requested to resolve the grievance. At this point, the grievance hearing process becomes
formal. Should the grievant fail to file a written grievance within fifteen(15)calendar days,as outlined
under Section 4,the grievance shall be barred and waived.
SECTION 4. FORMAL PROCESS, HUMAN RESOURCES DIRECTOR, POLICE CHIEF. 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 Human Resources Director and
the Police Chief. The Human Resources Director and the Police Chief shall render a decision and
comments,in writing,regarding the merits of the grievance and return them to the grievant within fifteen
15) calendar days after receiving the grievance.
SECTION 5. FORMAL PROCESS, CITY MANAGER. If the grievance is not resolved in Section 4
above, or if no answer has been received from the Human Resources Director and Police Chief within
fifteen (15) calendar days from the presentation of the written grievance to the Human Resources
Director and the Police Chief, the written grievance shall be presented to the City Manager, or a duly
authorized designee, 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 a duly authorized designee, shall render a final
decision on the merits of the grievance and comments,in writing,and return them to the grievant within
fifteen(15)calendar 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 XXVII
DISCIPLINARY APPEALS PROCEDURE
Upon the exhaustion of the administrative process in Department Policy #1012, an eligible individual
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may request a full and fair evidentiary appeal hearing conducted by a Hearing Officer. This request
must be in writing and addressed to the Police Chief and received within seven(7)days of the effective
date of discipline. Failure to timely file an appeal shall be deemed a waiver of any further hearing or
appeal, except as provided by law.
If the parties cannot mutually agree on the Hearing Officer, the parties shall procure a list of seven(7)
qualified Hearing Officers from the State Mediation and Conciliation Service. Each party shall
alternatively strike one (1) name from the list until only one (1) person remains, who shall be the
Hearing Officer. The determination as to which party strikes first shall be made on a random basis.
The Hearing Officer shall determine whether good cause exists for the imposition of discipline and, if
so,the appropriate degree of discipline,provided that the Hearing Officer may not impose more severe
discipline than that assessed by the Police Department. The decision of the hearing officer is subject
to the right of either party to seek judicial review pursuant to Section 1094.5 of the California Code of
Civil Procedure. The cost of the Hearing Officer shall be paid by the City.
ARTICLE XXVIII
MISCELLANEOUS
SECTION 1. PURGING OF DISCIPLINE DOCUMENTATION. An employee may request to purge
documentation of discipline older than five(5)years from the date of the discipline from the department
file, including the employee performance evaluations which refer to the discipline being purged.
Portions of a performance evaluation relating to disciplinary action may be deleted solely at the
discretion of the Police Chief. The Police Chief reserves the right to retain or purge documents
requested by an employee under this section. Copies of any discipline forwarded and retained in the
Human Resources Department will remain in the employee's personnel file, however, if the
discipline documentation meets the five(5)years criteria,the employee may request to have the purged
documents placed in a sealed envelope within the personnel file. This action must be approved by the
Human Resources Director To the extent this purging provision is inconsistent with mandates in
Federal or State laws,the provisions of such laws will take precedence.
SECTION 2. DIRECT DEPOSIT. City employees are required to participate in the City's direct
paycheck deposit program.
ARTICLE XXIX
RESIDENCY REQUIREMENT
All employees hired after June 25,2023 by the Orange Police Department shall be a permanent and full-
time resident of the State of California and reside no further than one hundred (100) road miles from
Police Headquarters. This presumes that a substantial portion of that distance will be traveled at freeway
speed and that employees can report to Police Headquarters within ninety (90) minutes of the request
for call back. Employees hired before June 25,2023,with continuous City of Orange employment(with
no break in service) are exempt.
34
ARTICLE XXX
EFFECT OF MEMORANDUM OF UNDERSTANDING ON CONFLICTING AGREEMENTS
It is the intent of the parties hereto that should any provision of this MOU conflict with any prior
agreement between the parties, oral or written, express or implied, relating to the subject matter hereof,
the provisions of this MOU shall control. This MOU is not intended to conflict with Federal or State
law.
ARTICLE XXXI
WAIVER OF BARGAINING DURING TERM OF MEMORANDUM OF UNDERSTANDING
During the term of this MOU, the parties mutually agree that they will not seek to change, negotiate,
or bargain with regard to wages, hours,benefits, and terms and conditions of employment,whether or
not covered by the MOU 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 MOU. 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 MOU.
ARTICLE XXXII
EMERGENCY WAIVER
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 MOU 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 MOU 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 MOU during
the course of the emergency.
ARTICLE XXXIII
LIMITED REOPENER
The City can reopen Article III (Salaries) and/or Article XII Section 3 (Vacation Conversion) of the
MOU for negotiations during the 2023/2024 or 2024/2025 fiscal years through a limited reopener subject
to the requirements set forth in this Article. In order for the City to invoke this limited reopener:
1) There must be a fiscal year-over-year (from 2021/2022 to 2022/2023, or, from 2022/2023 to
35
2023/2024)decrease in net sales tax revenue received by the City greater than 10.0%, and;
2) The City must provide written notice of its request and intent to reopen MOU negotiations for this
limited purpose to the Association during the following dates: December 15, 2023 through January
15, 2024, or, December 15, 2024 through January 15, 2025.
Upon receipt of such timely request,the parties agree to meet and confer in good faith on the Article(s)
requested for reopening.Any changes to the MOU arising out of this limited reopener shall be by mutual
written agreement. It is the expressed intent of the parties that the language pertaining to this limited
reopener is included in the current MOU only and expires June 30, 2026. Any inclusion of a like or
similar Article in future MOUs will be subject to the meet and confer process.
ARTICLE XXXIV
MEMORANDUM OF UNDERSTANDING TERMS SEVERABLE
Should any provision of this MOU be found to be inoperative,void, or invalid by a court of competent
jurisdiction, or by enactment of Federal or State legislation, all other provisions of this MOU shall
remain in full force and effect for the duration of this MOU.
ARTICLE XXXV
TERM OF MEMORANDUM OF UNDERSTANDING
SECTION 1. The term of this MOU shall commence on July 1, 2023 and shall continue in full force
and effect until June 30, 2026.
ARTICLE XXXVI
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 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 MOU shall not be in full force
and effect until adopted by the City Council of the City of Orange. Subject to the foregoing,this MOU
is hereby executed by the authorized representatives of the City and the Association and entered into
this 9th day of January, 2024.
REST OF PAGE LEFT BLANK INTENTIONALLY.
36
City of Orange City of Orange Police Association
t i /r/ 7i07
Dated: Dated:
6By By.
Monica Espinoza, Human Resources Director Augusto C. ocha, President
By: ../ By: —
Cod•' een, Res.urces Manager Thomas Lockwood, Vice President
By: 111411111 By
t •
Robert Moy. S. •or Ad.. .ative Analyst Colten Ivans, asurer
By: Ckii4i1 i--
Susan Patinoi Secretary
APPROVED AS TO FORM:
0 owscAtexBy:
Nathalie Adourian, enior Assistant City Attorney
37
APPENDIX A
CITY OF ORANGE POLICE ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE JUNE 19, 2022
4.0% Increase for Non-Sworn Classifications
4.0% Increase for Sworn Classifications
CLASSIFICATION TITLE RANGE
STEP STEP STEP STEP STEP STEP STEP
A BCDE F G
Civilian Investigative Officer 527P 4940 5192 5457 5735 6028 6335 6588
Court Liaison Officer 517P 4700 4939 5191 5456 5734 6027 6268
Crime Prevention Specialist 535P 5141 5403 5679 5969 6273 6593 6856
Forensic Services Specialist 527P 4940 5192 5457 5735 6028 6335 6588
Homeless Outreach Specialist 523P 4842 5089 5349 5622 5908 6210 6458
Parking Control Officer II 494P 4191 4404 4629 4865 5112 5374 5588
Police Administrative Assistant 507P 4471 4699 4939 5191 5455 5734 5963
Police Armorer 507P 4471 4699 4939 5191 5455 5734 5963
Police Clerk 486P 4026 4232 4448 4674 4913 5163 5370
Police Code Enforcement Officer 560P 5824 6121 6433 6761 7106 7468 7767
Police Dispatch Shift Supervisor 564P 5941 6244 6563 6897 7249 7619 7924
Police Dispatcher 546P 5431 5708 5999 6305 6627 6965 7243
Police Jailer 507P 4471 4699 4939 5191 5455 5734 5963
Police Officer 603P 7217 7586 7971 8378 8806 9254 9625
Police Records Clerk 486P 4026 4232 4448 4674 4913 5163 5370
Police Records Shift Supervisor 546P 5431 5708 5999 6305 6627 6965 7243
Police Services Officer 507P 4471 4699 4939 5191 5455 5734 5963
Police Subpoenas& Warrants Specialist 507P 4471 4699 4939 5191 5455 5734 5963
Police Training Coordinator 517P 4700 4939 5191 5456 5734 6027 6268
Police Volunteer Coordinator 535P 5141 5403 5679 5969 6273 6593 6856
Property Officer 521P 4794 5039 5296 5566 5850 6148 6394
Senior Police Clerk 506P 4449 4675 4914 5165 5428 5705 5933
38
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