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RES-11093 Orange Police AssociationRESOLUTION NO. 11093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE REPEALING RESOLUTION NO. 10992 AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE CITY OF ORANGE POLICE ASSOCIATION CONCERNING WAGES, SALARIES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT EFFECTIVE JULY 1, 2017 THROUGH JUNE 30, 2019. WHEREAS, the City of Orange, hereinafter referred to as "City ", and the City of Orange Police Association, hereinafter referred to as the "Association ", have met and conferred in accordance with requirements of the Meyers - Milias -Brown Act; and WHEREAS, the City and the Association have reached agreement on wages, salaries and other terms and conditions of employment effective July 1, 2017 through June 30, 2019 and the City Council desires to repeal Resolution No. 10992 and amendments thereto for said employees, as more particularly set forth in the Memorandum of Understanding; and WHEREAS, on October 24, 2017 the City Council of the City of Orange adopted Resolution No. 11037, A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding Between the City of Orange and the City of Orange Police Association effective July 1, 2017 through June 30, 2019; and WHEREAS, the City and the Association agreed to incorporate the provisions contained in the Letter of Understanding noted above into a new Memorandum of Understanding once both parties had an opportunity to review and concur on any and all language changes included in the new Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that the attached Memorandum of Understanding is approved and incorporated by reference as Exhibit "A" as though fully set forth herein. ADOPTED this 12" day of June 2018. Teresa E. Smith, Mayor, City of Orange ATTEST: Mary E. $4 City Cle , ity o e STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ORANGE I, MARY E. MURPHY, 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 12 day of June 2018, by the following vote: AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy, Nichols NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None r Mary E. Murp , City Clerk, range Resolution No. 11093 8493619.3 OR020 -073 Exhibit "A" MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE CITY OF ORANGE POLICE ASSOCIATION JULY 1 2017 THROUGH JUNE 30 2019 TABLE OF CONTENTS Article No.Article Title Page No. IRecognition 1 II Non- Discrimination ........................... ..............................1 IIISalaries 1 IV Working out of Class ......................... ..............................5 VWork Week ....................................... ..............................5 ViOvertime 6 VII Call Back Compensation ................... ..............................7 VIIICourt Time ........................................ ..............................8 IX Special Assignments and Special Pay Practice ...............9 X Career Development Program and Educational Reimbursement .............. .............................14 XI Uniform Allowance ............................ .............................15 XIIHolidays 15 XIIIVacation 17 XIV Probationary Period ............................ .............................18 XV Other Leaves of Absence ................... .............................18 XVI Part-Time Employee Benefits ............ .............................25 XVII Insurance ............................................ .............................25 XVIIIRetirement 27 XIX Safety and Health Fitness ................... .............................28 XX Travel Expense Allowed ..................... .............................29 Resolution No. 11093 j 8493619.3 OR020 -073 Article No.Article Title Page No. XXI Employee Organizational Rights and Responsibility ............................ .............................29 XXII Layoff Procedures ............................ .............................30 XXIIICity Rights ....................................... .............................32 XXIVNo Strike .......................................... .............................34 XXV Grievance Procedure ........................ .............................35 XXVI Miscellaneous Provisions ................. .............................36 XXVII Sole and Entire Memorandum of Understanding 37 XXVIII Waiver of Bargaining During the Term of this Agreement ................... .............................37 XXIX Emergency Waiver Provision .......... .............................37 XXX Separability Provision ...................... .............................38 XXXI Term of Memorandum of Understanding .....................38 XXXII Ratification and Execution ............... .............................39 Appendix "A" Salary Ranges ................................... .............................40 Resolution No. 11093 ll 8493619.3 OR020 -073 Article I RECOGNITION SECTION 1. Pursuant to the provisions of the Employer- Employee Relations Resolution No. 3611 of the City of Orange, the City of Orange (hereinafter called the "City "), has recognized the City of Orange Police Association (hereinafter called the "Association ") as the majority representative of the Non - Management employee classifications of the Police Department as set forth in Appendix "A ". SECTION 2. The City shall recognize the Association as the majority representative of all employees in these classifications for the purpose of meeting its obligations under this Agreement, the Meyers - Milias -Brown Act, Government Code Section 3500 et seq., and the Employer- Employee Relations Resolution No. 3611 when City rules, regulations, or laws affecting wages, hours, and other terms and conditions of employment are appropriately amended or changed. Article II NON - DISCRIMINATION SECTION 1. The parties mutually recognize and agree to protect the rights of all employees herein to join and /or participate in protected Association activities or to refrain from joining or participating in protected activities in accordance with the Employer- Employee Relations Resolution and Government Code Section 3500 et. seq. SECTION 2. The City and the Association agree that they shall not discriminate against any employee on the basis of actual or perceived race, color, sex, gender, gender identify, age, national origin, religion, physical or mental disability, medical condition (cancer - related or genetic characteristics), ancestry, marital status, 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 Agreement for the purpose of complying with any order of a federal or state agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this Agreement in compliance with state or federal anti - discrimination laws. SECTION 3. Whenever the masculine gender is used in this Memorandum of Understanding, it shall be understood to include the feminine gender. Article III SALARIES SECTION 1. BASIC COMPENSATION PLAN. There is hereby established a basic Resolution No. 11093 8493619.3 OR020 -073 compensation plan for all members of the Association who are now employed or will in the future be employed in any of the designated classifications of employment listed in this resolution and its attachments. SECTION 2. SALARIES. Base salaries for employees covered by this agreement, effective June 26, 2016 (for non -sworn employees) and August 7, 2016 (for sworn employees), are listed in Appendix "A." The salary and wage schedules attached hereto shall constitute the basic compensation plan consisting of six (6) steps or rates of pay in each range. The respective ranges shall be identified by number and the steps by the letters "A" to "F" inclusive. The columnar heads at the top of each column shall establish the purpose of each step and the minimum length of service required for advancement to the next higher step, as provided in Section 6 hereof. Effective October 1, 2017, there shall be seven (7) steps or rates of pay in each range, adding new pay Step "G ", which shall be 2.0% above current Step "F ". Effective the first full pay period in July 2018, Step "G" shall be modified so that it is a total of 4% above step "F ". Any employee who, as of October 1, 2017, was at F Step for one year or more shall be immediately placed at Step "G ". All other employees shall be eligible to move to Step "G" on their regular anniversary date. SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN. The compensation ranges and steps contained in the monthly salary schedule in the appendix hereof are monthly compensation rates. For all employees who have a regular weekly work schedule of forty (40) hours, the hourly rate of pay shall be the monthly rate times 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 (1/2) cent. SECTION 4. BEGINNING RATES. A new employee of the City shall be paid the rate shown in the Step "A" in the range allocated to the class of employment for which he has been hired, except that on the request of the Police Chief under whom the employee will serve, 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 Resolution, shall be defined to mean continuous, full -time service in his present classification, service in a higher classification, or service in a classification allocated to the same salary range and having generally similar duties and requirements. A lapse of service by any employee for a period of time longer than thirty 30) days by reason of resignation or discharge shall serve to eliminate the accumulated length of service time of such employee for the purpose of this Resolution. Resolution No. 11093 8493619.3 OR020 -073 Such employee re- entering the service of the City shall be considered as a new employee, except that he 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 he was at the time of the termination of employment. SECTION 6. ADVANCEMENT WITHIN SCHEDULE. The following regulations shall govern salary advancement within ranges: A. Merit Advancement. An employee may be considered for advancement through the salary range upon completion of the minimum length of service. The effective date of such merit increase, if granted, shall be the first day of the next pay period following completion of the length of service required for such advancement. Advancement through the salary range may be granted only for continuous, meritorious and efficient service, and continued improvement by the employee in the effective performance of the duties of his position. Such merit advancement shall require the following: 1) The Police Chief, or his designee, shall file with the Human Resources Director a completed performance evaluation recommending the granting or denial of the merit increase and supporting such recommendation with specific reasons therefore. A disapproval, together with the reasons therefore, shall be returned to the Police Chief. 2) The recommendation of the Police Chief and the approval of the Human Resources Director shall be forwarded to the Payroll Division of the Finance Department for change of payroll status. 3) Advancement through the pay range Step "A" through Step "G" shall occur in yearly increments. B. Special Merit Advancement. When an employee demonstrates exceptional ability and proficiency in the performance of his 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 Resolution. The Human Resources Director may, on the basis of the Police Chief s recommendation, approve and effect such an advancement. C. Lenfzth Of Service Required When Advancement Is Denied. When an employee has not been approved for advancement to the next higher step, he shall be reconsidered for such advancement within a one -year period or at any subsequent time. This reconsideration shall follow the same steps and shall be subject to the same action as provided in the above paragraph of this section. SECTION 7. REDUCTION IN SALARY STEPS. Any employee who is being paid on a salary step higher than Step "A" may be reduced by one or more steps upon the recommendation of the Police Chief with the approval of the Human Resources Director. Procedure for such reduction shall follow the same procedure as outlined for merit advancements in Section 6, and such Resolution No. 11093 8493619.3 OR020 -073 employee may be considered for re- advancement under the same provisions as contained in subsection (C) of Section 6. SECTION 8. PROMOTIONAL SALARY ADVANCEMENT. When an employee is promoted to a position in a higher classification, he may be assigned to Step "A" in the appropriate range for the higher classification; provided that if such employee is already being paid at the rate equal to or higher than Step "A ", he may be placed in the step in that appropriate salary range as will grant him an increase of at least one (1), but no more than three (3) salary steps. SECTION 9. DEMOTION. When an employee is demoted to a position in a lower classification, his salary rate shall be fixed in the appropriate salary range for the lower classification in accordance with the following provisions: A. The salary rate shall be reduced by at least one (1) step. B. The new salary rate must be within the salary range for the classification to which demoted. SECTION 10. REASSIGNMENT OF COMPENSATION RANGES. Any employee who is employed in a classification which is reassigned to a different pay range from that previously assigned shall be retained in the same salary step in the new range as he has previously held in the prior range, and shall retain credit for length of service in such step toward advancement to the next higher step; provided, however: A. That if such retention shall result in the advancement of more than one (1) step, the Human Resources Director may, at his discretion, at the time of reassignment, place the employee in a step which will result in an increase of only one (1) step. B. That if the reassignment shall be to a lower compensation range, 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 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 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. Resolution No. 11093 4 8493619.3 OR020 -073 Article IV WORKING OUT OF CLASS SECTION 1. The City may work employees out of classification for up to two (2) working days within a work week without additional compensation. On the third working day within the work week that the employee works out of classification, he shall be paid additional compensation at the Step A of the class to which he is assigned for the entire pay period in which the employee worked out of classification. In no event shall the employee be paid at a step of the class in which the employee receives less than a five percent (5 %) increase in pay. To qualify for working out of class pay, the employee must be performing all the significant duties of the higher level position and meet the minimum requirements of the higher level class. Article V WORK WEEK SECTION 1. Work Schedule. A. The regular work week for sworn patrol officers, excluding those working special assignments, shall be three (3) consecutive shifts of twelve and one half (12 11 /2) consecutive hours plus one additional ten (10) consecutive hour shift that precedes or follows the employee's regularly assigned first or last work shift of the week, during each 28 -day FLSA work period ( "3/12.5 Schedule "). All other employees covered by this Agreement shall be forty (40) hours per week consisting of four (4) consecutive shifts of ten (10) consecutive hours ( "4/10 Schedule ") and three (3) consecutive days off, provided that, under special circumstances, an employee and the department may mutually agree to a different schedule. However, the work schedule for the employee serving in the position of "Court Liaison Officer" shall consist of five (5) consecutive shifts of eight (8) consecutive hours and two (2) consecutive days off. B. The parties agree that the 3/12.5 Schedule is being implemented for an 18 -month trial period, beginning July 2017. At any time during the course of the trial period, the Police Chief shall have the unilateral discretion to determine whether to continue with the 3/12.5 Schedule or return to the previously existing 4/10 Schedule, with reasonable notice to the Association to allow for shift change. At the conclusion of the trial period, the Police Chief may make a final determination whether to continue with the 3/12.5 schedule. If there is no affirmative decision made by the Police Chief to revert to the 4/10 schedule, the 3/12.5 schedule shall become the permanent work schedule for patrol. 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%2) 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. Resolution No. 11093 5 8493619.3 OR020 -073 Article VI OVERTIME SECTION 1. PREMIUM COMPENSATION — SWORN AND RELATED PERSONNEL. Premium Compensation shall apply to all classifications covered herein, when duly authorized by the Police Chief or his designee. Additionally, 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 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. PREMIUM COMPENSATION. Premium Compensation shall be earned at the rate of one and one -half (1'/2) hours for each one (1) hour of overtime worked. Premium Compensation shall be paid out either in the form of cash or compensatory time off at the rate of one and one -half (1'/2) times the employee's regular rate of pay, subject to the limits noted under Section 5 below. SECTION 4. PARTIAL OVERTIME EXEMPTION. The parties agree that the City has adopted the 28 -day Section 7(k) partial overtime exemption in accordance with 29 U.S.C. section 207(k) of the Fair Labor Standards Act (FLSA). SECTION 5. ACCUMULATION AND PAYMENT OF COMPENSATORY TIME. All earned overtime compensation for employees described in this Article may be credited to Accumulated Time Off (ATO) or converted into cash at the employee's option. Payment shall be made at the pay period following the exercise of the option. Accumulated compensatory time not taken in the calendar year in which it was earned may be carried over to the next calendar year up to a maximum of eighty (80) hours. All accumulated ATO accrued in excess of 80 hours at year -end shall be automatically paid on the first pay period of the new calendar year. Employees shall be entitled to receive payment for paid overtime and all accumulated compensatory time upon their termination. SECTION 6. APPLICATION OF COMPENSATORY TIME. Premium Compensation work shall not apply to the earning of employee benefits such as retirement, holidays, vacation accrual, sick leave accrual, employee insurance benefits or towards the completion of Resolution No. 11093 6 8493619.3 OR020 -073 probationary period or to progression within a salary rate range. SECTION 7. USAGE OF COMPENSATORY TIME. An employee who submits a request to use accumulated compensatory time off a minimum of seven (7) 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. SECTION 8. PYRAMIDING OF OVERTIME RATES. Whenever two (2) or more premium compensation rates or overtime rates may appear to be applicable to the same hour or hours worked by the employees described in this Article, there shall be no pyramiding or adding together of such premium or overtime rates, and only the higher applicable rate shall apply. SECTION 9. If in the event of circumstances beyond the City's control, such as Acts of Nature, fire, flood, insurrection, riot, national emergency or other similar circumstances, employees covered herein shall be entitled to only a straight time rate for non -FLSA overtime worked under such circumstances, i.e., time for which premium overtime compensation is not mandated by the FLSA. SECTION 10. ASSIGNMENT OF AVAILABLE OVERTIME. Whenever possible, when assigning overtime in patrol, preference will be given to off -duty personnel who are interested and available for overtime assignments. The Police Chief shall determine an acceptable process by which an employee may indicate interest and availability for overtime assignments. 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 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 with a minimum of two (2) hours call back compensation, regardless of whether the employee works less than two (2) hours. Compensation shall be at the premium rate of time and one -half (1 %2) the employee's regular rate of pay. Entitlement to callback 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. This provision shall not apply to employees who are continuing on duty after the call back, provided that the regularly scheduled hours of work may not be adjusted within forty -eight (48) Resolution No. 11093 7 8493619.3 OR020 -073 hours prior to the time they are scheduled to commence without the consent of the employee. SECTION 2. PYRAMIDING. Whenever two (2) or more premium compensation rates or overtime rates may appear to be applicable to the same hour or hours worked by any employee, there shall be no pyramiding or adding together of such premium or overtime rates and only the higher applicable rate shall apply. This section does not apply to Special Assignment pay rates as set forth in Article IX. Article VIII 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 agreement. SECTION 2. 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 premium overtime compensation for a minimum of two (2) hours or the actual number of hours spent in their testimony or appearance, whichever is greater. For the purposes of this section, the computation of the actual number of hours shall include all meals and break periods. SECTION 3. Whenever an employee has been placed on "standby" or on an "on call" status while otherwise off duty in response to a subpoena relating to activities arising out of the course and scope of employment, the employee shall receive compensation therefore in cash or compensatory time off at the straight time rate for two (2) hours irrespective of the duration of such standby or on call status regardless of shift start time. If an employee is ordered to continue on "standby" or on "on call" status beyond 1300 hours (1:00 p.m.) or the employee is placed in that status after appearing in court earlier that day, the employee shall receive an additional two 2) hours in cash or compensatory time off at the straight time rate irrespective of the duration of such "standby" or "on call" status. This provision shall be applicable to employees who have been placed on "standby" or "on call' status for the purpose of providing telephonic testimony or providing testimony in an official proceeding with regard to matters arising out of the course and scope of employment. For the purposes of this section, an employee shall not be compensated for "on call" and "regular wages" at the same time. In addition, an employee who is on a pre- approved vacation and is placed on court standby shall receive court standby pay in lieu of vacation hours previously authorized and shall have his vacation hours reduced by the number of hours received in court standby pay. SECTION 4. A sworn peace 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 his testimony or appearance, he shall be compensated as if the matter arose out of the course and scope of his present employment, as set forth in Section 2 above. If Resolution No. 11093 8 8493619.3 OR020 -073 the employee is placed on call or standby and if off -duty, he shall be compensated as though the matter arose out of the scope of employment as set forth in Section 3 above. Article IX SPECIAL ASSIGNMENTS AND SPECIAL PAY PRACTICE SECTION 1. SPECIAL ASSIGNMENT GUIDELINES. Police Officers and civilian 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. Police Officers and civilian personnel assigned to positions specified in Section 2 above 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 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 ASSIGNMENT AND SPECIAL PAY. A. Motor Officers. Police Officers assigned by the Police Chief in a special assignment as a Motor Officer shall receive an additional six and one -half percent (6' /z %) 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. This form of special compensation, also referred to as "Motorcycle Patrol Premium," shall continue to be reported to CalPERS as special compensation, and therefore compensation eamable pursuant to California Public Employees' Retirement System (PERS) Regulations, Section 571(a)(4). 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 Resolution No. 11093 9 8493619.3 OR020 -073 work day and will trigger overtime pay, approval for such work must be obtained from the immediate supervisor prior to performing such work. B. Investigators and Gang Unit Detectives. Police Officers assigned by the Police Chief as Investigators shall receive an additional seven and one -half percent (7'/2 %) 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. Employees assigned by the Police Chief as a Gang Unit Detective will be selected from a current Detective list using the rule of the band. Gang Unit Detectives shall receive seven and one -half percent (7 %) compensation above the employee's regular compensation during the period of such assignment. This form of special compensation, also referred to as "Police Investigator Premium" or "Gang Detail Assignment Premium" shall continue to be reported to Ca1PERS as special compensation, and therefore compensation earnable pursuant to California Public Employees' Retirement System (PERS) Regulations, Section 571(a)(4). C. Crime Scene Investigators. Employees assigned as Crime Scene Investigators shall receive $250.00 per month during the period of such assignment. Employees may be so assigned at the discretion of the Police Chief or his designee. This form of special compensation, also referred to as "Crime Scene Investigator Premium" shall continue to be reported to Ca1PERS as special compensation and therefore compensation earnable for sworn personnel only, pursuant to California Public Employees' Retirement System PERS) Regulations, Section 571(a)(4). D. Training Bonus. Field Training Officers, Motor Officers, Dispatchers, and Police Services Officers assigned to train employees shall receive $275.00 per month, during the period of such assignment. This sum shall be paid only for those pay periods during which the individual is specifically assigned to a trainee for any part of the pay period. Corporals shall not qualify for training bonus. This form of special compensation, also referred to as "Training Premium," shall continue to be reported to Ca1PERS as special compensation, and therefore compensation earnable pursuant to California Public Employees' Retirement System (PERS) Regulations, Section 571(a)(4). E. Bilingual Bonus. Employees covered under this agreement may be assigned by the Police Chief to a Bilingual Assignment. Such employees on Bilingual Assignment shall receive an additional two hundred twenty -five ($225.00) per month, per employee, in addition to their regular salary for the duration of the assignment. This form of special compensation, also referred to as "Bilingual Premium," shall continue to be reported to Ca1PERS as special compensation, and therefore compensation earnable pursuant to California Public Employees' Retirement System (PERS) Regulations, Section 571(a)(4). Bilingual Assignments shall be made on the following basis: 1) The Police Chief, with the approval of the Human Resources Director, shall Resolution No. 11093 10 8493619.3 OR020 -073 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 3) 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. F. Canine Officers. Police Officers may be assigned from time to time by the Police Chief as Canine Handlers and shall be responsible for maintaining, training, and utilizing a police service dog during their regular duties. The parties recognize that not all care for a police service dog can be accomplished during the regular work schedule. The parties agree that in the past, Canine Officers were compensated for all off -duty canine activities through the special assignment pay and other overtime policies of the City. 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. Employees assigned as Canine Officers shall receive six and one -half percent (6'/2 %) compensation above their regular compensation as special assignment pay. This 6 special compensation, also referred to as "Canine Officer /Animal Premium," shall continue to be reported to CalPERS as special compensation, and therefore compensation earnable pursuant to California Public Employees' Retirement System PERS) Regulations, Section 571(a)(4). 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 $13.00 per hour at time and one -half (8 x $19.50 = $156.00 per month). 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 times the Canine Officer's regular rate of pay for the actual number of hours spent in such activities. This $156.00 per month compensation is not pension reportable pursuant to California Public Employees' Retirement System (PERS) Regulations. 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 as such a handler. Police Officers assigned as Canine Handlers shall serve at the pleasure of the Police Chief and may be reassigned at the sole discretion of the Chief. Resolution No. 11093 8493619.3 OR020 -073 G. Corporals. Police Officers may be assigned from time to time by the Police Chief as Corporals within the Patrol, Motors, or Canine units. Police Officers appointed to these special assignments shall receive as compensation an additional ten percent (10 %) per month in addition to their regular salary. This form of special compensation, also referred to as "Master Police Officer Incentive Pay," shall continue to be reported to Ca1PERS as special compensation, and therefore compensation earnable pursuant to California Public Employees' Retirement System (PERS) Regulations, Section 571(a)(1). Corporals, while assigned as such, may not pyramid special assignment pay for the following: Training Manager, Motor Officer, Investigator, Gang Unit Detective, Canine, Field Training Officer, 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 Bonus, Shift Bonus, and CNT /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. H. Senior Officer Pay. Sworn Police Officers not assigned to a special assignment as defined in Sections 2 A, B, F, G, K, or M of this article shall receive five percent (5 %) Senior Officer Pay upon completion of six (6) years of sworn service with the Orange Police Department. This compensation is not pension reportable pursuant to California Public Employees' Retirement System (PERS) Regulations. Shift Bonus. All employees who are assigned to shifts that start between 1200 hours 12:00 p.m.) and 0600 hours (6:00 a.m.) and in addition who are either subject to shift rotation or permanently assigned to a shift commencing within the above time frame shall receive a two percent (2 %) bonus based upon the employee's base salary. Employees not subject to shift rotation and who are assigned shifts that start between 0600 hours (6:00 a.m.) and 1200 hours (12:00 p.m.) are not entitled to this compensation. The 'Bicycle Detail" as well as "Motor Officer Detail" shall receive the 2% shift bonus regardless of the time the shift begins. Shift assignments shall be made or revoked at the discretion of the Police Chief. This form of special compensation, also referred to as "Shift Differential," shall continue to be reported to Ca1PERS as special compensation, and therefore compensation earnable pursuant to California Public Employees' Retirement System (PERS) Regulations, Section 571(a)(4). J. CNT and SWAT. All employees assigned to Crisis Negotiation Team (CNT) 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 SWAT or CNT team is not considered permanent and said assignment to or removal from these units Resolution No. 11093 12 8493619.3 OR020 -073 is solely based upon the discretion of the Police Chief or his 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. K. Gang Unit 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'/2 %) compensation above their regular compensation, and Corporals will continue to receive their ten percent (10 %) Corporal pay. This form of special compensation, also referred to as "Gang Detail Assignment Premium" (7'/2 %) or Master Police Officer" ten percent (10 %) shall continue to be reported to Ca1PERS as special compensation, and therefore compensation eamable pursuant to California Public Employees' Retirement System (PERS) Regulations, Section 571(a)(4). Gang Unit Rotators will serve for a period of one 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 but may not pyramid the Gang Unit special assignment pay on top of their Corporal pay. At the end of an employee's special assignment to the Gang Unit, the employee will resume his regular patrol assignment. L. Special Assignment Officers Returning to Patrol. Sworn police officers who have served for four (4) years or more in a special assignment as defined in Section 2A or 2B of this article and who volunteer to return to Patrol shall receive eight percent (8 %) special assignment pay upon return to Patrol. This will not apply to officers who are returned to patrol as the result of discipline or performance issues. This compensation, like the Senior Officer pay noted in Section H. above, is not pension reportable pursuant to California Public Employees' Retirement System (PERS) Regulations. These officers will not qualify for Senior Officer Pay as noted in Section H. above. M. Training Manager. Police Officers assigned by the Police Chief as Training Manager shall receive an additional seven and one -half percent (7%2 %) 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. This form of special compensation, also referred to as "Training Premium" shall continue to be reported to CalPERS as special compensation, and therefore compensation earnable pursuant to California Public Employees' Retirement System (PERS) Regulations, Section 571(a)(4). Resolution No. 11093 13 8493619.3 OR020 -073 Article X CAREER DEVELOPMENT PROGRAM AND EDUCATIONAL REIMBURSEMENT SECTION 1. Sworn Peace Officers shall be eligible to receive Career Development Program pay according to the chart below. Employees who qualify for this pay shall be compensated the following monthly amounts beginning on the first day of the next pay period following qualification. It is the Police Officer's responsibility to make application with Police Administration for this pay as soon as they qualify in order to be compensated accordingly. Failure to make timely application may reduce or delay benefits. REQUIREMENTS ADDITIONAL COMPENSATION A. POST Intermediate Certificate and 30 -59 semester units 100.00 B. POST Intermediate Certificate and 60 -89 semester units 200.00 C. POST Advanced Certificate and 90 semester units or more 270.00 D. POST Advanced Certificate and an Associate's degree 300.00 E. POST Advanced Certificate and a Bachelor's degree 400.00 F. POST Advanced Certificate and Master's degree in area related 500.00 to Law Enforcement or Public Management from an accredited university, as approved by the City Manager The above forms of special compensation, also referred to as "Educational Incentive Pay" or Peace Officer Standard Training (POST) Certificate Pay," shall continue to be reported to Ca1PERS as special compensation, and therefore compensation earnable pursuant to California Public Employees' Retirement System (PERS) Regulations, Section 571(a)(2). SECTION 2. EDUCATIONAL REIMBURSEMENT. The City will reimburse employees for the costs of tuition, textbooks, health fees, and parking fees required for approved community college and college courses. An approved course is one designated to directly improve the knowledge of the employee relative to his specific job, or a course that fulfills the requirements towards attainment of a degree in a job - related field, and must be approved by the Police Chief and the Human Resources Director prior to registration. Reimbursement will be based upon the final grade received. A final grade of "C" or better qualifies the employee for 100% reimbursement up to the amount specified in Section 3 of this Article. SECTION 3. Educational reimbursement payments to an employee shall not exceed one thousand two hundred and fifty ($1,250.00) dollars in any one fiscal year and he must still be employed by the City when the course is completed. Resolution No. 11093 14 8493619.3 OR020 -073 Article XI UNIFORM ALLOWANCE SECTION 1. The City will purchase uniforms for all regular, full -time and part-time uniformed members of the Police Department. Qualified part-time members are those employees scheduled in the budget to work at least twenty (20) hours a week on a year -round basis. Except as provided herein, a uniform allowance shall be reported to CaIPERS in the amount of $230.00 per calendar year per employee for all safety employees, and $190.00 per calendar year for all civilian employees. Police Officers assigned as a Detective or Investigator /Rotator (with the exception of the Bike Team and the Training Manager), and Civilian Investigative Officers CIO) as of July 1S 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 Department Policy # 1046, Uniform Regulations. The clothing allowance shall be paid in a one- time payment, in the first full pay period following July 1 St. Uniform allowance is not considered pension reportable compensation for "new members" hired after January 1, 2013, pursuant to the Public Employee Pension Reform Act of 2013 ( "PEPRA "). However, the City shall continue to report as pensionable income to Ca1PERS pursuant to California Code of Regulations Section 571(a)(5) the uniform allowance and /or the monetary value of required clothing provided by the City to individuals who are not 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 XII HOLIDAYS SECTION 1. A. Employees covered by this Agreement shall receive each January 1 st one hundred (100) hours of holiday accrual to be taken as time off or converted to cash. Accruals not used or converted to cash within the twelve (12) month period between January 1S and December 31 St shall be automatically converted to cash in the first pay period of the new calendar year. B. As set forth in this Memorandum of Understanding, the terms'holiday pay' or'holiday pay in lieu of time off shall continue to be defined as cash compensation in the same amount the affected employee would have received had he taken the holiday off with pay. This includes the individual's base salary and all additional amounts payable with Resolution No. 11093 15 8493619.3 OR020 -073 the base pay which are accepted by PERS as reportable compensation for purposes of pension benefit calculation including all attendant forms of premium pay and other additional cash. C. Employees assigned to classifications covered by this Agreement after January 1S 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 1S and December 31 st D. To qualify for this benefit, on the applicable January 1S 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 in Section I.B. above. 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 1S (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 (Veterans' Day) 7) Fourth Thursday in November (Thanksgiving Day) 8) Fourth Friday in November (Day after Thanksgiving) 9) December 25t (Christmas Day) SECTION 3. Holiday hours shall be taken at the convenience of the City with the approval of the Police Chief or his duly authorized agent. 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. 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. Resolution No. 11093 16 8493619.3 OR020 -073 Article XIII VACATION SECTION 1. VACATION ACCRUAL. All full -time, regular employees accrue paid vacation as follows: After Years of Service Vacation Hours 1 through 4 80 hours 5 through 10 120 hours 11 128 hours 12 136 hours 13 144 hours 14 152 hours 15 160 hours After completion of fifteen (15) years of continuous employment, all full -time regular employees described herein shall accrue an additional four (4) hours of vacation per year up to a maximum of two hundred and twenty (220) vacation hours after thirty (30) years continuous employment with the City. SECTION 2. VACATION USAGE AND ACCUMULATION. Vacation shall be taken at the convenience of the City with the approval of the Police Chief or his duly authorized agent. 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. SECTION 3. VACATION CONVERSION. An employee may convert up to thirty -three (33 %) percent of his current annual vacation accrual into pay in lieu of time off with pay on a fiscal year basis. Effective July 1, 2017, an employee may convert up to 50% of his current annual vacation accrual into cash in lieu of time off with pay during the 2017 -2018 and 2018 -2019 fiscal years. An employee requesting such a conversion must meet the eligibility requirements as set forth in Section 2 above, and may so convert twice in a fiscal year, however the total amount converted per fiscal year shall not exceed 33% of the employee's annual accrual (50% in FY 17/18 and 18/19). Employees serving their initial 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, if any, and the prorated portion of their final accrual. Pro -rated vacation shall be on the basis of one - twelfth (1/12) of the employee's annual vacation pay for each full month of service of the employee during the employee's anniversary year. Resolution No. 11093 17 8493619.3 OR020 -073 Article XIV PROBATIONARY PERIOD SECTION 1. An employee initially appointed to a classification shall serve a probationary period during which he shall have an opportunity to demonstrate suitability for the job. The probationary period for police officers shall commence when appointed to the classification or when the police officer completes the basic recruit academy, whichever is later, and shall conclude twelve (12) months later. Effective January 1, 2009, 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. SECTION 2. The employee shall attain regular status in the classification upon successful completion of the probationary period. SECTION 3. Any probationary employee shall be entitled to appeal termination or demotion action, in accordance with the Grievance Procedure set forth in this Agreement but is restricted to the informal part of the grievance process referenced in Article XXV, Section 4. SECTION 4. PROBATION PERIOD RE- HIRES. Any employee who leaves City employment and is subsequently re -hired must serve a new probationary period as provided under Section 1. Article XV OTHER LEAVES OF ABSENCE SECTION 1. LEAVE WITHOUT PAY. A. After all available leave benefits have been completely used, a regular employee not under suspension may make application for leave without pay. B. If the Police Chief and 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 Resolution No. 11093 18 8493619.3 OR020 -073 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, he may approve same for a period not to exceed an additional six (6) months. If the employee does not return to work before or at the end of the leave of absence or any extension thereof, the employee shall be terminated. D. An employee on leave of absence must give the City at least seven (7) days' written notice of his intent to return to work. During a leave without pay in excess of five (5) working days, no seniority 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 his duly authorized agent may be subject to termination. Any employee who falsifies the reason for request for said leave of absence may be terminated for falsifying a request for leave of absence. F. Notwithstanding Subsection (A), a regular employee not under suspension may make application to the Police Chief or his designee for Leave Without Pay for injury or illness not determined to be compensable under the Workers' Compensation Act. The employee must use all available sick leave up to a maximum of thirty (30) calendar days prior to Leave Without Pay being granted. G. At the convenience of the City with the approval of the Police Chief or his duly authorized agent, an employee will have the option to use all or part of his available sick leave, vacation and /or ATO prior to taking Leave Without Pay for the purposes set forth in Subsection (F). SECTION 2. PERSONAL NECESSITY LEAVE. Employees may be allowed up to one (1) working day per month without pay for personal business with approval of the Police Chief. Employees shall accrue no employment benefits for any personal necessity leave in excess of one (1) day per month. Such personal necessity leave shall be without pay and shall not be accumulated from month to month. SECTION 3. JURY DUTY. When required to serve on a jury, all employees shall have time off for a period of actual service required on the jury. Employees shall receive their regular pay while serving on jury duty, provided all jury fees paid to the individual employee, less automobile expenses allowed, are turned over to the City. If an employee is called as a law enforcement witness, he shall receive normal pay upon the payment of any witness fees that accrue to the employee for his witness services. SECTION 4. MILITARY LEAVE OF ABSENCE. If an employee is required to take military training two weeks or more each year, he shall be entitled to military leave of absence under the provisions of State law, found in applicable sections of the Military and Veterans' Code. Resolution No. 11093 19 8493619.3 OR020 -073 Employees must provide a copy of their military orders to the Human Resources Department to qualify for a 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 - benefitted 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 and dental office appointments during work hours when authorized by the Police Chief or his authorized agent; and/or 2) Personal illness or physical incapacity resulting from causes beyond the employee's control, including pregnancy, childbirth and other medically related conditions; and /or 3) 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 (under the same roof), and any parent, substitute parent, parent -in -law, spouse, registered domestic partner, child, brother, sister, grandchild or grandparent of the employee, regardless of residence. 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 his duly authorized agent may be subject to termination. Any employee who falsifies the reason for request for said leave of absence may be terminated for falsifying a request for leave of absence. F. Sick Leave Application. Except as provided in Section C(3) above, sick leave may be applied only to absence caused by illness or injury of an employee and may not extend to absence caused by illness or injury of a member of the employee's Resolution No. 11093 20 8493619.3 OR020 -073 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 (1/4) hour shall be charged to the nearest one -half (1/2) hour. The Police Chief shall be responsible for control of employee abuse of the sick leave privilege. Employees may upon prior notice be required to furnish a certificate issued by a licensed physician or nurse or other satisfactory written evidence of any subsequent illness. 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 C 1), 2), 3) and 4). b) Upon retiring from City service, including but not limited to retirement based upon industrial disability, and entering the Public Employees' Retirement System, an employee shall receive no pay for the first two hundred twenty eight (228) hours of accrued sick leave, but shall receive ten percent (10 %) pay for the next two hundred and fifty -two (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, one hundred percent (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 anew accrual bank, shall have no maximum accrual amount, and shall be paid at the current rate of pay; however, any hours accumulated in excess of three hundred fifty - two (352) hours shall not be eligible for any of the following payout programs: a) Employees with accumulated sick leave balances of less than three hundred fifty -two (352) hours, combining both sick leave accounts described in subparagraphs 1) and 2) herein in the 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 Resolution No. 11093 21 8493619.3 OR020 -073 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 three hundred fifty -two 352) hours or more, combining both sick leave accounts in the calculation to determine eligibility, shall fall under the following payout provisions: A full -time employee may convert unused sick leave from the calendar year 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 separation of employment from the City for any reason, including but not limited to industrial disability retirement, for sick leave hours accumulated after December 31, 1996, an employee shall receive no pay for the first one hundred (100) hours (0 to 100 hours) of accrued sick leave, but shall receive twenty -five percent (25 %) pay for up to the next one hundred 100) hours (101 to 200 hours) of accrued sick leave, and fifty percent (50 %) pay of any remaining accrued sick leave up to one hundred fifty -two (15 2) hours. d) Upon the death of an employee while employed by the City, one hundred percent (100 %) of all accrued sick leave benefits up to three hundred fifty - two (352) hours shall be paid to the beneficiary of the deceased employee. Payment will be made when proper authorization for payment is received Resolution No. 11093 22 8493619.3 OR020 -073 from the estate of the decedent employee. SECTION 6. WORKERS' COMPENSATION. Workers' Compensation benefits will be provided as follows: A. Safety Personnel. Salary continuance for safety personnel will be provided in accordance with the current State of California's Division of Workers' Compensation laws and regulations. B. Civilian Personnel. Upon acceptance of a work - related injury or illness claim, civilian 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 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 y 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 of Employ 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 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. Resolution No. 11093 23 8493619.3 OR020 -073 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 5(G) of this Article. SECTION 7. BEREAVEMENT LEAVE. Regular full -time employees shall be entitled to take three (3) consecutive days bereavement leave per incident on the following terms and conditions: A. Bereavement Leave may only be used upon the death or critical illness where a death appears to be imminent in 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 (living at the same address); or 2) any parent, substitute parent, parent -in -law, grand parent, aunt, uncle, spouse, child, brother, sister, domestic partner, the employee's, spouse's or domestic partner's child, grandchild, parent, substitute parent, grandparent, sibling, aunt, or uncle of the employee, regardless of residence. B. A maximum of three (3) days of paid bereavement leave shall be provided per incident. Subject to the approval of the Police Chief or his designee, additional time off with pay may be taken and charged to the employee's accumulated vacation or accumulated compensatory time off account. C. Bereavement leave shall not accrue and may not be carried forward into the next calendar year if not used. D. An employee on bereavement leave shall inform his immediate supervisor of the fact and the reasons therefore as soon as possible. Failure to inform his immediate supervisor within a reasonable period of time may be cause for denial of bereavement leave with pay for the period of absence. Resolution No. 11093 24 8493619.3 OR020 -073 Article XVI PART -TIME EMPLOYEE BENEFITS SECTION 1. PART -TIME EMPLOYEES. Part-Time employees who are scheduled in the budget to work on an average of at least twenty (20) hours per week on a year -round basis will be entitled to pro -rated fringe benefits. Article XVII INSURANCE SECTION 1. HEALTH INSURANCE. The City shall contract with PERS (Public Employees' Retirement System) to make available those health insurance benefits provided under the Public Employees' Medical and Hospital Care Act (PEMHCA). The PERS Health Benefits Plan shall replace any other health benefits program maintained by the City for eligible employees, eligible retirees, and their eligible surviving annuitants. A. Retiree Annuitant. The City shall contribute toward the payment of premiums under the PERS Health Benefits Plan to each eligible retiree annuitant of PERS, to the extent required by law, a contribution of $ $133.00 per month. Effective January 1 each year, this contribution is expected to be adjusted annually by the Ca1PERS Board of Administration to reflect any change in the medical care component of the Consumer Price Index. B. Flexible Benefits Plan. The City shall administer a Section 125 Flexible Benefits Plan for active full -time and part-time eligible employees and pay the following amounts to provide funds for optional dental plans, vision plans, health plans, or miscellaneous pay: Monthly Contributions The term "Family" as used in this section shall apply to any employee who covers, or would be eligible to cover, himself plus one or more family members under the City - sponsored health insurance plan. Resolution No. 11093 25 8493619.3 OR020 -073 If Covered by City Covered by City If Waiving CityEffectiveDatesInsuranceasSingleInsuranceas Insurance Party Family* January 1, 2017 951.00 1,445.00 845.00 anuary 1, 2018 1,026.00 1,520.00 920.00 anuary 1, 2019 1,101.00 1,595.00 995.00 The term "Family" as used in this section shall apply to any employee who covers, or would be eligible to cover, himself plus one or more family members under the City - sponsored health insurance plan. Resolution No. 11093 25 8493619.3 OR020 -073 C. Any amounts in excess of the amounts designated in Section B necessary to maintain benefits under any benefits plans selected by the employee shall be borne by the employee. D. An employee cannot be enrolled in the PERS Health Benefits Plan if a spouse is enrolled in the same agency or enrolled in an agency with PERS health, unless the employee (or the spouse) is enrolled without being covered as a family member. Additionally, an employee may choose to not be enrolled in the Health Benefits Plan. If an employee chooses not to be enrolled in a health plan, the employee must provide proof 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 shall receive the amount stipulated in Section 1(B) above noted as "If Waiving City Insurance." If the employee and spouse are both covered by this agreement, 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 may re- enroll in the PERS Health Benefits Plan pursuant to the PERS Health Benefits Plan. E. In the event an employee covered under this memorandum is killed in the line of duty, the City shall make the premium contributions specified in Section 1(B) Flexible Benefits Plan listed above 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 ". F. In the event an employee covered under this memorandum 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(B) 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 years of service 75% of premium contribution 15+ years of service 100% of premium contribution 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. Resolution No. 11093 26 8493619.3 OR020 -073 G. The City may reopen negotiations at any time during the term of the MOU to address the impact of the ACA, provided that no changes may be made by the City unless they are either (1) mandated by the ACA or (2) mutually agreed upon by the parties. SECTION 2. A long -term disability insurance plan shall be selected by the Association and shall be open to all employees set forth in Article I Section 1. If, during the term of this Agreement, the Association desires to change the carrier or the method of funding, then the City shall be given sixty (60) days prior written notice of such intent. SECTION 3. The City shall contribute the full premium towards a $40,000.00 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 membership, all full -time employees shall contribute to the plan. As of the date of this Memorandum of Understanding, 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 XVIII RETIREMENT SECTION 1. Employees covered by this Agreement shall participate in the Public Employees' Retirement System (PERS). A. Safety PERS Formula — Tier 1. The City shall grant the safety members of PERS effective May 20, 2001 the 3% at age 50 Retirement Formula as set forth in Section 21362.2 of the California Government Code. The City shall pay all employer costs Resolution No. 11093 27 8493619.3 OR020 -073 toward the retirement program for safety members covered herein. B. Miscellaneous PERS Formula — Tier 1. Effective June 29, 2003, the City shall provide the PERS 2.7% at age 55 Retirement Program for miscellaneous employees covered by this Resolution. The City shall pay all employer costs toward the retirement program for miscellaneous employees covered herein. C. PERS Retirement Formula — Tier 2. New members hired on or after January 1, 2013, shall receive the 2.0% at age 62 (civilian) or 2.7% at age 57 (sworn) Ca1PERS retirement formula and a final compensation based on the average of the 36 highest consecutive months pursuant to the Public Employee Pension Reform Act of 2013 PEPRA "). D. PERS Member Contribution. Both sworn and civilian employees shall pay the employee retirement contribution rate through payroll deduction to the Public Employees' Retirement System. Tier 1 employees covered under Sections I and 1B of this Article shall contribute 9.0% and 8.0 %, respectively, of compensation eamable as their full PERS member contribution. Tier 2 employees covered under Section 1 C of this Article shall contribute 50% of the normal cost of retirement, pursuant to PEPRA. Annual reports are available online from CalPERS showing the amount of contribution so made. E. Employee -paid PERS member contributions for all employees covered by this MOU shall be made pursuant to Section 414(h)(2) of the Internal Revenue Code, to enable the employee's taxable income to be reduced by the amount of the employee -paid contribution. F. The employee will be provided with a biweekly paystub showing the amount of contribution as deferred. G. The City will provide the PERS 1959 Survivor Benefit at the Third Level Option. No later than July 1, 2018, there shall be an increase in the 1959 Survivor Benefit to the fourth level (Government Code Section 21382.4) for safety members; safety members shall pay their $2.00 monthly contribution through payroll deduction. The City shall pay the employer portion subject to the following limit: in the event the employer portion exceeds $6.00 monthly, safety members agree to pay any portion of the employer portion that exceeds $6.00 monthly. Article XIX SAFETY AND HEALTH FITNESS SECTION 1. The City and the employees of the City agree to comply with all applicable Federal and State laws which relate to health and safety. Resolution No. 11093 28 8493619.3 OR020 -073 SECTION 2. HEALTH FITNESS PROGRAM. In an effort to improve and maintain the physical and mental well being of all sworn Police personnel, and to reduce the frequency and intensity of work - related injuries and illness, the Association and the City agree to the following: A. Smoking. 1) As a condition of employment, employees hired after September 1, 1984 shall refrain from smoking while on duty and effective March 6, 1994 new employees shall refrain from using any tobacco products while on duty. 2) Existing employees will be encouraged but not required to become non - smokers. Employees will be provided with information, training, and /or other assistance as necessary to assist in such effort. 3) Designated smoking /non - smoking areas will be established in Police Department buildings and facilities. B. Drug and Alcohol Program. The Association agrees to support the City -wide drug and alcohol policy for all personnel and will continue to enforce all Orange Police department policies regarding drug and alcohol use for sworn personnel. Article XX TRAVEL EXPENSE ALLOWED SECTION 1. The parties agree to incorporate by reference Policy No. 209 and existing departmental policies and written procedures covering the subject of travel expense allowance. 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 his or her own hotel room so that the employee will not be required to share a hotel room with another individual. Article XXI EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITY SECTION 1. DUES DEDUCTIONS. The City shall deduct dues, on a regular basis, from the pay of all employees recognized to be represented by the Association, who voluntarily authorize such deduction, in writing, on a form to be provided for this purpose which is mutually agreed to by the Association and the City. The City shall remit such funds to the Association within ten days following their deduction Resolution No. 11093 29 8493619.3 OR020 -073 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 his 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 his designee, is authorized to grant up to a total of 130 hours off with pay per calendar year for the Association President or designated members (not 130 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 his 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 260 hours. SECTION 4. AGENCY SHOP. With the parties unable to reach agreement on an agency shop agreement, the parties agree that the time period for negotiations specified in California Government Code Section 3502.5(b) has expired. COPA is thus permitted to move on its own for an agency shop election per Government Code 3502.5. Article XXII LAY -OFF PROCEDURES SECTION 1. PURPOSE. The purpose of this article is to establish and communicate the City's procedures when a lay -off or reduction in force is necessary. All Divisions or assignments within the Department are subject to lay -offs or reductions in force at the direction of the City Manager. SECTION 2. POLICY. The City retains the right to abolish any position, reduce the work force and lay -off employees when it becomes necessary due to economic conditions, organizational changes, lack of work, or because the necessity of a position no longer exists. The following criteria shall be followed during a layoff or reduction in force. SECTION 3. PROCEDURE. A. The order of layoff or reduction in force within the Department and by classification shall be in the following order. 1) Temporary employees (19 hours or less) 2) Probationary employees Resolution No. 11093 30 8493619.3 OR020 -073 3) Regular part-time employees 4) Regular full -time employees B. The order of lay -offs and reductions in force shall be based on Department seniority within the classification as calculated by the Human Resources Director. C. Whenever an employee is to be laid off, he may transfer or demote to a vacant position in a lower classification that he previously held within the Police Department. The employee may also transfer or demote to a vacant position in any other Department provided that: 1) The position is the same or lower classification; 2) The position is authorized, budgeted and the City intends to fill the vacancy; 3) The employee meets the qualification of the new position. D. Whenever an employee is to be laid off, he may transfer or demote to a filled position in a lower classification within the Police Department provided that he: 1) Previously held or supervised a position in the lower classification; 2) Meets or can reasonably meet the qualifications for the new position as determined by the 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; 6) Management employees who demote or transfer to a lower classification may not displace another employee in a special assignment unless that employee is laid off due to the order of lay -off as established per Section 3(A). E. Employees from other Departments may not fill vacancies in the Police Department unless all qualified Police employees have refused to accept the vacant position. Employees from other Departments may not displace Police Employees. F. Employees to be laid off shall be provided written notice at least seven (7) days in advance of the lay -off. Notice will be hand delivered to the employee whenever Resolution No. 11093 31 8493619.3 OR020 -073 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 XXIII CITY RIGHTS SECTION 1. The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provisions of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of Management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights: A. To manage the City generally and to determine the issue of policy. B. To determine the existence or non - existence of facts which are the basis of the Management decision. C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services. D. To determine the nature, manner, means, and technology, and extent of services to be provided to the public. Resolution No. 11093 32 8493619.3 OR020 -073 E. Methods of financing. F. Types of equipment or technology to be used. G. To determine and /or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted. H. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City. I. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. J. To relieve employees from duties for lack of work or similar non - disciplinary reasons. K. To establish and modify productivity and performance programs and standards. L. To discharge, suspend, demote, or otherwise discipline employees for proper cause in accordance with the provisions of procedures set forth in Departmental Disciplinary Procedure. M. To determine job classifications and to reclassify employees. N. To hire, transfer, promote, and demote employees for non - disciplinary reasons in accordance with this Memorandum of Understanding. O. To determine policies, procedures, and standards for selection, training, and promotion of employees. P. To establish employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith. Q. To maintain order and efficiency in its facilities and operations. R. To establish and promulgate and /or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. S. To take any and all necessary action to carry out the mission of the City in emergencies. Resolution No. 11093 33 8493619.3 OR020 -073 SECTION 2. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding. Article XXIV NO STRIKE PROHIBITED CONDUCT SECTION 1. The Association, its officers, agents, representatives, and /or members agree that during the term of this Agreement, they will not cause or condone any unlawful strike, walkout, slowdown, sick -out, or any other unlawful job action by withholding or refusing to perform services. SECTION 2. Any employee who participates in any conduct prohibited in Section 1 above shall be subject to termination by the City in accordance 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 Memorandum of Understanding, including but not limited to suspension of the Grievance Procedure and dues deduction. ASSOCIATION RESPONSIBILITY SECTION 1. In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 1 above, Prohibited Conduct, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Memorandum of Understanding and unlawful, and they must immediately cease engaging in conduct prohibited in Section I above, Prohibited Conduct, and return to work. SECTION 2. The City agrees to hold the Association harmless and indemnify the Association against any claims, causes of actions, or lawsuits arising out of damages related to prohibited conduct in Section 1 above, Prohibited Conduct, when the Association, in good faith, performs its responsibilities under Section 1 above, Association Responsibility. Resolution No. 11093 34 8493619.3 OR020 -073 Article XXV GRIEVANCE PROCEDURE SECTION 1. DEFINITION OF GRIEVANCE. A grievance shall be defined as a timely complaint by an employee or group of employees or the Association concerning the interpretation or application of specific provisions of this Memorandum of Understanding, or of the Rules and Regulations governing personnel practices or working conditions of the City. No employee shall suffer any reprisal because of filing or processing of a grievance or participating in the Grievance Procedure. SECTION 2. TIME LIMIT FOR FILING WRITTEN FORMAL GRIEVANCES The time limits for filing written formal grievances shall be strictly construed, but may be extended by mutual agreement evidenced, in writing, and signed by a duly authorized representative of the City and 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 himself. 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 his 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. Resolution No. 11093 35 8493619.3 OR020 -073 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 his duly authorized representative, for determination. Failure of the grievant to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the last Management grievance response. The City Manager, or his duly authorized representative, shall render a final decision on the merits of the grievance and comments, in writing, and return them to the grievant within 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. In grievances filed to challenge the imposition of all discipline, the final step in the formal administrative process shall be a decision rendered by a Hearing Officer following a full and fair evidentiary hearing conducted by a Hearing Officer. If the parties cannot agree on the identity of the Hearing Officer, the parties shall procure from the State Mediation and Conciliation Service a list of seven (7) qualified Hearing Officers. Each party shall alternatively strike one name from the list until only one person remains, who shall be the Hearing Officer. The determination as to which party strikes first shall be made on a random basis. The Hearing Officer shall determine whether good cause exists for the imposition of discipline and, if so, the appropriate degree of discipline, provided that the Hearing Officer may not impose more severe discipline than that assessed by the Police Department. 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 XXVI MISCELLANEOUS PROVISIONS 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 his 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. SECTION 2. DIRECT DEPOSIT. City employees are required to participate in the City's direct paycheck deposit program. Resolution No. 11093 36 8493619.3 OR020 -073 Article XXVII SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING SECTION 1. It is the intent of the parties hereto that the provisions of this Memorandum of Understanding shall supersede all prior agreements and memorandums of agreement, or memorandums of understanding, or contrary salary and /or personnel resolutions or Administrative Codes, provisions of the City, oral and written, expressed or implied, between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted herein. This Memorandum of Understanding is not intended to conflict with Federal or State law. Article XXVIII WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT During the term of this Memorandum of Understanding, the parties mutually agree that they will not seek to negotiate or bargain with regard to wages, hours, and terms and conditions of employment, whether or not covered by the Memorandum or in the negotiations leading thereto, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this Memorandum. Regardless of the waiver contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this Memorandum. Article XXIX EMERGENCY WAIVER PROVISION In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of the Memorandum of Understanding or the Personnel Rules or Resolutions of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this Memorandum of Understanding will be reinstated immediately. The Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of the provisions in the Memorandum of Understanding during the course of the emergency. Resolution No. 11093 37 8493619.3 OR020 -073 Article XXX SEPARABILITY PROVISION Should any provision of this Memorandum of Understanding be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this Memorandum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding. Article XXXI TERM OF MEMORANDUM OF UNDERSTANDING The term of this Memorandum of Understanding shall commence on July 1, 2017 and shall continue in full force and effect until June 30, 2019. Resolution No. 11093 38 8493619.3 OR020 -073 Article XXXII 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 Memorandum of Understanding shall not be in full force and effect until adopted by the City Council of the City of Orange. Subject to the foregoing, this Memorandum of Understanding is hereby executed by the authorized representatives of the City and the Association and entered into this 12 day of June 2018. CITY OF ORANGE CITY OF ORANGE POLICE ASSOCIATION Dated: r ao I3 Tere4a E. Smith, Mayor Attest: -( Mary E. , City Clerk Approved as to form: C MAA%b- Laura J. Kalty Special Counsel for the City Dated: r7/aq ts D. • e Resolution No. 11093 39 8493619.3 OR020 -073 Appendix "A" CITY OF ORANGE POLICE ASSOCIATION MONTHLY SALARY RANGES EFFECTIVE JUNE 26, 2016 2.0% Salary Increase for Non -Sworn Classifications EFFECTIVE AUGUST 7, 2016 3.0% Salary Increase for Sworn Classifications STEP B STEP C STEP D STEP E STEP F Salary STEP A After 1 After 1 After 1 After 1 After 1 Classification Title Range year year year year year Civilian Investigative Officer 509 4516 4746 4988 5243 5510 5791 Court Liaison Officer 499 4296 4515 4746 4988 5242 5509 Crime Prevention Specialist 517 4700 4939 5191 5456 5734 6027 Forensic Services Specialist 509 4516 4746 4988 5243 5510 5791 Parking Control Officer II 476 3831 4026 4231 4447 4674 4912 Police Administrative Assistant 489 4087 4296 4515 4745 4987 5241 Police Armorer 489 4087 4296 4515 4745 4987 5241 Police Clerk 468 3681 3868 4066 4273 4491 4720 Police Code Enforcement Officer 542 5324 5595 5881 6181 6496 6827 Police Dispatch Shift Supervisor 546 5431 5708 5999 6305 6627 6965 Police Dispatcher 528 4965 5218 5484 5764 6058 6367 Police Officer 579 6403 6729 7073 7433 7812 8211 Police Records Clerk 468 3681 3868 4066 4273 4491 4720 Police Records Shift Supervisor 528 4965 5218 5484 5764 6058 6367 Police Services Officer 489 4087 4296 4515 4745 4987 5241 Police Subpoenas & Warrants Specialist 489 4087 4296 4515 4745 4987 5241 Police Training Coordinator 499 4296 4515 4746 4988 5242 5509 Police Volunteer Coordinator 517 4700 4939 5191 5456 5734 6027 Property Officer 503 4383 4606 4841 5088 5348 5620 Senior Police Clerk 488 4067 4274 4492 4721 4962 5215 Resolution No. 11093 40 8493619.3 OR020 -073 Appendix "A" (Continued) CITY OF ORANGE POLICE ASSOCIATION MONTHLY SALARY RANGES EFFECTIVE OCTOBER 1, 2017 Addition of Step G to the Salary Range (2.0% above Step F) Classification Title Salary Range STEP A STEP B After 1 year STEP C After 1 year STEP D After 1 year STEP E After 1 year STEP F After 1 year STEP C After 1 year Civilian Investigative Officer 509 4516 4746 4988 5243 5510 5791 5907 Court Liaison Officer 499 4296 4515 4746 4988 5242 5509 5619 Crime Prevention Specialist 517 4700 4939 5191 5456 5734 6027 6147 Forensic Services Specialist 509 4516 4746 4988 5243 5510 5791 5907 Parking Control Officer II 476 3831 4026 4231 4447 4674 4912 5010 Police Administrative Assistant 489 4087 4296 4515 4745 4987 5241 5346 Police Armorer 489 4087 4296 4515 4745 4987 5241 5346 Police Clerk 468 3681 3868 4066 4273 4491 4720 4814 Police Code Enforcement Officer 542 5324 5595 5881 6181 6496 6827 6964 Police Dispatch Shift Supervisor 546 5431 5708 5999 6305 6627 6965 7104 Police Dispatcher 528 4965 5218 5484 5764 6058 6367 6494 Police Officer 579 6403 6729 7073 7433 7812 8211 8375 Police Records Clerk 468 3681 3868 4066 4273 4491 4720 4814 Police Records Shift Supervisor 528 4965 5218 5484 5764 6058 6367 6494 Police Services Officer 489 4087 4296 4515 4745 4987 5241 5346 Police Subpoenas & Warrants Specialist 489 4087 4296 4515 4745 4987 5241 5346 Police Training Coordinator 499 4296 4515 4746 4988 5242 5509 5619 Police Volunteer Coordinator 517 4700 4939 5191 5456 5734 6027 6147 Property Officer 503 4383 4606 4841 5088 5348 5620 5733 Senior Police Clerk 488 4067 4274 4492 4721 4962 5215 5319 Resolution No. 11093 41 8493619.3 OR020 -073 Appendix "A" (Continued) CITY OF ORANGE POLICE ASSOCIATION MONTHLY SALARY RANGES EFFECTIVE JULY 8, 2018 Increase in Step G (From 2.0% to 4.0% above Step F) Classification Title Salary Range STEP A STEP B After 1 year STEP C After 1 year STEP D After 1 year STEP E After 1 year STEP F After 1 year STEP G After 1 year Civilian Investigative Officer 509 4516 4746 4988 5243 5510 5791 6023 Court Liaison Officer 499 4296 4515 4746 4988 5242 5509 5730 Crime Prevention Specialist 517 4700 4939 5191 5456 5734 6027 6268 Forensic Services Specialist 509 4516 4746 4988 5243 5510 5791 6023 Parking Control Officer II 476 3831 4026 4231 4447 4674 4912 5109 Police Administrative Assistant 489 4087 4296 4515 4745 4987 5241 5451 Police Armorer 489 4087 4296 4515 4745 4987 5241 5451 Police Clerk 468 3681 3868 4066 4273 4491 4720 4909 Police Code Enforcement Officer 542 5324 5595 5881 6181 6496 6827 7100 Police Dispatch Shift Supervisor 546 5431 5708 5999 6305 6627 6965 7243 Police Dispatcher 528 4965 5218 5484 5764 6058 6367 6621 Police Officer 579 6403 6729 7073 7433 7812 8211 8539 Police Records Clerk 468 3681 3868 4066 4273 4491 4720 4909 Police Records Shift Supervisor 528 4965 5218 5484 5764 6058 6367 6621 Police Services Officer 489 4087 4296 4515 4745 4987 5241 5451 Police Subpoenas & Warrants Specialist 489 4087 4296 4515 4745 4987 5241 5451 Police Training Coordinator 499 4296 4515 4746 4988 5242 5509 5730 Police Volunteer Coordinator 517 4700 4939 5191 5456 5734 6027 6268 Property Officer 503 4383 4606 4841 5088 5348 5620 5845 Senior Police Clerk 488 4067 4274 4492 4721 4962 5215 5424 Resolution No. 11093 42 8493619.3 OR020 -073