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RES-10970 Memorandum For Municipal EmployeesRESOLUTION NO. 10970 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION OMEA) CONCERNING WAGES, HOURS, AND OTHER CONDITIONS OF EMPLOYMENT EFFECTIVE JULY 1, 2015 THROUGH AND INCLUDING JUNE 30, 2017 AND REPEALING RESOLUTION NO. 10763 AND AMENDMENTS THERETO FOR SAID EMPLOYEES. WHEREAS, the City of Orange, hereinafter referred to as "City," and the Professional, Technical and Clerical Unit, represented by Orange Municipal Employees' Association, hereinafter referred to as "OMEA," have met and conferred in accordance with requirements of the Meyers - Milias -Brown Act; and WHEREAS, the City and OMEA have reached agreement on wages, hours, and other conditions of employment effective July 1, 2015 through and including June 30, 2017 and the City Council desires to repeal Resolution No. 10763 and amendments thereto for said employees, as set forth in the Memorandum of Understanding; and WHEREAS, on February 9, 2016 and May 10, 2016, the City Council of the City of Orange adopted Resolution Numbers. 10924 and 10924A, Resolutions of the City Council of the City of Orange Establishing and Amending a Letter of Understanding Between the City of Orange and the Orange Municipal Employees' Association Effective July 1, 2015 through June 30, 2017; 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 Memorandum of Understanding attached hereto as Exhibit "A" (the "MOU ") is approved and incorporated herein by reference as if fully set forth herein and that Resolution No. 10763 be repealed in its entirety. Resolution No. 10970 ADOPTED this 13th day of September, 2016. C - / t- g G) - 4 Teresa . Smith, Mayor, City of Orange ATTEST: uG ' Mary City Clerk, Cit o OrangeE 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 13 day of September, 2016, by the following vote: AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy, Nichols NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Mary E. y, City Cler , of Orange Resolution No. 10970 2 Exhibit " A " MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION JULY 1 2015 THROUGH JUNE 30 2017 7888859.3 OR020 -059 ORANGE MUNICIPAL EMPLOYEES ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS Article No.Article Title Paze No. I Recognition I II Non - Discrimination I III Salaries I Basic Compensation Plan, Salary Schedule, Hourly Rate Part-time Employees, Beginning Rates, Service, Advancement within Salary Schedule, Reduction in Salary Steps, Bilingual Assignment, Shift Differential, Special Assignments, Certification Bonuses, Performance Evaluations IV Work Week 6 V Probation 6 VI Promotion 7 VII Demotion 7 VIII Reassignment of Compensation Ranges 8 IX Working Out of Class 8 X Overtime /Compensatory Time/9 Call Back Compensation XI Holidays 10 XII Vacation 12 XIII Part-Time and Temporary Employee 13 Eligibility for Fringe Benefits XIV Leaves of Absence 13 Leave of Absence without Pay, Jury Duty and Witness Services, Military Leave, Sick Leave, Family Leave, Bereavement Leave, Workers' Compensation, Family Care & Medical Leave XV Fringe Benefit Administration 19 7888859.3 OR020 -059 Article No.Article Title Page No. XVI Health Benefits 19 Health Insurance, Life Insurance, Disability Insurance, Retirement Health Savings Plan Trust XVII Educational Assistance Program 21 XVIII Retirement 22 XIX Miscellaneous Provisions 23 Rideshare Incentive, Uniforms, Safety Shoes, Rest Breaks, Direct Deposit XX Travel Expense Allowed 24 XXI Safety and Health 25 XXII City Rights 25 XXIII Employee Organizational Rights and 27 Responsibilities XXIV Grievance Procedure 27 XXV Disciplinary Appeals Procedure 28 XXVI No Strike -No Lockout 30 XXVII OMEA Representatives 30 XXVIII Layoff Procedure 31 XXIX Sole and Entire Memorandum of Understanding 33 XXX Waiver of Bargaining During the Term of this MOU 34 XXXI Emergency Waiver Provision 34 XXXII MOU Terms Severable 34 XXXIII Term of Memorandum of Understanding,35 No Layoff Clause, and Relationship with Other Bargaining Units XXXIV Ratification and Execution 35 Appendix "A"Monthly Salary Ranges 36 7888859.3 OR020 -059 ii Article I RECOGNITION SECTION 1. Pursuant to the provisions of the Employer- Employee Relations Resolution No. 3611 of the City of Orange (hereinafter, the "City "), for the purpose of meeting its obligations under the Meyers - Milias -Brown Act (Government Code Section 3500 et seq.), Employee Relations Resolution No. 3611 and this Memorandum of Understanding (hereinafter referred to as "MOU ") the City has recognized the Orange Municipal Employees' Association (hereinafter referred to as "OMEA ") as the majority representative of the Professional, Technical and Clerical bargaining unit. Article II NON - DISCRIMINATION SECTION 1. The parties mutually recognize and agree to protect the rights of all employees hereby to join and /or participate in protected OMEA activities or to refrain from joining or participating in protected activities in accordance with the Employer - Employee Relations Resolution and Government Code Sections 3500 et. sea. SECTION 2. The City and OMEA agree that they shall not discriminate against any employee on the basis of actual or perceived race, color, national origin, religion, sex, gender identity, physical or mental disability, medical condition (cancer- related or genetic characteristics), ancestry, marital status, age, sexual orientation, citzenship, 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 OMEA shall reopen any provision of this MOU 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 MOU in compliance with Federal or State anti - discrimination laws. SECTION 3. Whenever the masculine gender is used in this MOU, it shall be understood to include the feminine gender. SECTION 4. The term "employee(s)" shall refer only to those employees covered by this MOU. Article III SALARIES SECTION 1. Basic Compensation Plan. There is hereby established a basic compensation plan for all members of the OMEA unit who are now employed or will in the future be employed in any of the designated classifications of employment listed in this MOU and its attachments. 7888859.3 OR020 -059 SECTION 2. Salary Schedule. Salaries effective January 24, 2016 and July 24, 2016 for employees covered by this MOU are listed in Appendix "A ". The salary and wage schedules listed in Appendix A" of this MOU constitute the basic monthly compensation plan based on a forty -hour workweek. The salary and wage schedules attached hereto shall constitute the basic compensation plan consisting of six steps or rates of pay in each range. The respective ranges shall be identified by number and the steps by the letters "A" to "F" inclusive. The minimum length of service required for advancement to the next higher step, is described in Section 6 hereof. SECTION 3. Hourly Rate Part-Time Employees. A. For all employees who have a regular weekly work schedule of 40 hours, the equivalent hourly rate of pay shall be the monthly rate times 12 divided by 2,080 annual hours. The hourly rate for persons employed on a regular part-time or temporary basis in an equivalent classification shall be determined in the same manner. In determining the hourly rate as herein provided, compensation shall be made to the nearest 1 /2 cent. B. Regular part-time employees who are scheduled to work on an average of at least 20 hours per week on a year -round basis may be considered for advancement to the next higher step upon completion of hours of employment equal to the minimum number of months of service required by full -time employees. One thousand -forty hours (1,040 hours) of regular part-time employment shall equal six (6) months' service. SECTION 4. Be ig_nning Rates. A new employee of the City shall be paid the rate shown in Step "A" in the range allocated to the class of employment for which he has been hired, except that on the request of the Department Head under whom the employee will serve, and with the authorization of the Human Resources Director, such employee may be placed in Step "B ", "C ", "D ", "E ", or "F" depending upon the employee's qualifications. SECTION 5. Service. The word "service" as used in this MOU shall be defined to mean continuous, full -time service in an employee's present classification, service in a higher classification, or service in a classification allocated to the same salary range and having generally similar duties and requirements. A lapse of service by any employee for a period of time longer than 30 days by reason of resignation or for any length of time due to discharge shall serve to eliminate the accumulated length of service time of such employee for the purpose of this MOU. An employee re- entering the service of the City shall be considered as a new employee, except that he may be re- employed within one year and placed in the same salary step in the appropriate compensation range as he was at the time of the termination of employment. SECTION 6. Advancement Within Salary 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 as specified in Section 6(A)(3) below. Advancement through the salary range may be granted only for continuous, meritorious, and efficient service by the employee in the effective performance of the duties of his position. A 7888859.3 OR020 -059 2 merit increase shall become effective the first day of the pay period following completion of the length of service required for such advancement and shall require the following: 1) The head of the department in which the employee is employed shall file with the Human Resources Director a Personnel Action Form and a completed Performance Evaluation Form recommending the granting or denial of the merit increase and supporting such recommendation with specific reasons therefore. A disapproval from the Human Resources Director, together with the reasons therefore, shall be returned to the Department Head. 2) The recommendation of the Department Head, 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 "F" shall occur in yearly increments. B. Special Merit Advancement. When an employee demonstrates exceptional ability and proficiency in the performance of his duties, his Department Head may recommend to the Human Resources Director that said employee be advanced to a higher pay step without regard to the minimum length of service provisions contained in this MOU. The Human Resources Director may, on the basis of a Department Head's recommendation, approve and effect such advancement. C. Length of Service Required When Advancement is Denied. When an employee has not been approved for advancement to the next higher salary step, he may be reconsidered for such advancement at any subsequent time. This reconsideration shall follow the same steps and shall be subject to the same action as provided in the Section 6(A). D. Flexible Staffing. The City shall implement a system of flexible staffing for certain positions in this Association. Employees in the classifications of Building Inspector, Construction Inspector I, Engineering Technician I, Finance Clerk, Assistant Engineer, Assistant Planner, Librarian I, and Traffic Signal Technician I are eligible for the classification of Combination Building Inspector, Construction Inspector II, Engineering Technician II, Senior Finance Clerk, Associate Civil Engineer, Associate Planner, Librarian II, and Traffic Signal Technician II respectively. To qualify for the higher -level position the employee must be performing at a competent level and have gained the experience and knowledge to perform the full range of journey level tasks and fulfilling any special requirements based on the judgment of the applicable Department Head with final approval of the Human Resources Director. SECTION 7. Reduction in Salary Steps. Any employee who is being paid on a salary step higher than Step "A" may, for disciplinary reasons, be reduced by one or more steps upon the recommendation of the Department Head with the approval of the Human Resources Director. SECTION 8. Bilingual Assignment. Employees may be assigned by the Department Head to a Bilingual Assignment. Bilingual Assignments shall be made on the following basis: 7888859.3 OR020 -059 A. The Department Head shall determine the number of Bilingual Assignment positions which are necessary based upon a demonstrable need and frequency of use; and B. All Bilingual Assignments must be approved by the Human Resources Director or his designee; and C. Employees receiving Bilingual Assignment compensation may be required to take and pass a proficiency test on an annual or as- needed basis as determined by the Human Resources Department; and D. No permanency or seniority may be obtained in a Bilingual Assignment and such assignment may be revoked at any time by the Human Resources Director or his designee; and E. No employee shall be required to perform a Bilingual Assignment on a regular basis or employ bilingual skills on a regular basis who is not receiving bilingual pay pursuant to this section; and F. Such employees on Bilingual Assignment shall receive $140.00 per month in addition to their regular salary for the duration of the assignment. SECTION 9. Shift Differential. A. All Recreation Services Coordinators, regular full -time library personnel and all part-time library personnel budgeted to work 20 hours or more per week on a fiscal year basis herein who are regularly assigned on a weekly basis, to a shift working after 6:00 p.m. and /or who work on a Saturday, Sunday, or Holiday, shall be eligible to receive an additional $3.00 per hour for all shift hours worked (i.e., only those hours worked after 6:00 p.m., as well as all hours on Saturdays, Sundays, and Holidays). In no event shall the provisions described within this section apply to any personnel who are holding over, extending, or filling in on an overtime basis their regular work shift. Whenever two or more rates may appear applicable to the same hour or hours worked by any employee, there shall be no pyramiding or adding together of such rates and only the higher applicable rate shall apply. B. Split Shift Differential. Where management asks an employee to leave their regular shift early and return to work at a later time, the City will provide an additional $1.00 per hour, for benefited Library employees only, for each hour worked on their "second" shift. C. Code Compliance Officer and Environmental Compliance Specialist Shift Pay. Code Compliance Officers and Environmental Compliance Specialists who are regularly assigned on a weekly basis to work on Saturdays shall be eligible to receive an additional $3.00 per hour for all hours worked on Saturdays in addition to regular salary. 7888859.3 OR020 -059 4 SECTION 10. Special Assignments. A. Shorthand Skills Assignment. Employees who are employed in the classification of Administrative Assistant and who are assigned to a position requiring shorthand skills may receive $50.00 per month shorthand bonus based on criteria established by the Human Resources Director. Effective November 6, 2011, this bonus pay will be eliminated for any employees not receiving this compensation as of November 6, 2011. B. Library Site Supervisor Assignment. Employees classified as Librarian I or Librarian II may be assigned as the "Site Supervisor" by the Department Head or his designee. Such employees, for the period of such assignment, shall be paid an additional 10% on top of their current salary. This form of compensation, also referred to as "Lead Worker /Supervisor 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). SECTION 11. Certification Bonuses. A. State of California Department of Health Services Water Distribution Operator Certification: i. Employees classified as Construction Inspector or Engineering Technician who possess a Grade I Water Distribution Certificate (D -1) shall receive a flat 75.00 per month bonus. ii. Employees classified as Construction Inspector or Engineering Technician who possess a Grade II Water Distribution Certificate (D -2) shall receive a flat 100.00 per month bonus. iii. Employees classified as Assistant Engineer, Associate Civil Engineer, Construction Inspector, Engineering Technician, or Project Engineer assigned to the Water Division who possess a Grade III Water Distribution Certificate (D -3) shall receive a flat $150.00 per month bonus. B. California Water Environmental Association (CWEA) Sanitation Certification: i. Employees classified as Environmental Compliance Specialist who possess a CWEA Grade I Sanitation Certificate shall receive a flat $75.00 per month bonus. ii. Employees classified as Environmental Scientist who possess a CWEA Grade III Sanitation Certificate shall receive a flat $100.00 per month bonus. C. An employee who possesses two (2) or more of the above certifications is eligible to receive only the highest grade- certificate bonus. There shall be no pyramiding of certificate bonuses. D. The above forms of compensation, also referred to as "Educational Incentive Pay" 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)(2). 7888859.3 OR020 -059 5 SECTION 12. Performance Evaluations. The City shall maintain an employee performance rating system designed to give a fair evaluation of the quantity and quality of work performed by an employee. A. Performance evaluation reports shall be prepared and recorded in the employee's personnel file for all regular full -time and regular part-time employees as follows: 1) For probationary employees, at mid -point and upon completion of a probationary period. 2) For non - probationary employees, upon completion of the next step and annually thereafter. B. Prior to the performance evaluation report becoming part of the employee's personnel file, the supervisor and the employee must review the evaluation. C. When a performance evaluation is recorded in the employee's personnel file a copy of the evaluation shall be given to the employee. D. The performance evaluation shall be considered a confidential City record and the information shall not be disclosed except on a need -to -know basis as determined by management. E. Any disputes as to the contents of the evaluation shall first be discussed with the employee's immediate supervisor and may be appealed through the appropriate chain of command up to the Department Head whose decision will be final and binding. Article IV WORK WEEK SECTION 1. The regular workweek for all employees shall be 40 hours per week. Article V PROBATION SECTION 1. Initial Hires. An employee initially appointed to a class shall serve a probationary period of 26 pay periods during which time he shall have an opportunity to demonstrate suitability for the job. Under certain conditions, with approval of the Human Resources Director, the Department Head may, for just cause, extend the probationary period up to a maximum of an additional 13 consecutive pay periods. The employee shall attain regular status in the class upon successful completion of the probationary period or any extension of the probationary period. An initially appointed probationary employee shall not be entitled to appeal termination. SECTION 2. Promotions. An employee promoted to a class shall serve a probationary period of 26 consecutive pay periods during which time he shall have an opportunity to demonstrate suitability for the job. Under certain conditions, with the approval of the City Manager, the Department Head may extend 7888859.3 OR020 -059 6 the probationary period up to a maximum of an additional 13 consecutive pay periods. An employee who successfully completes the probationary period shall be considered to have obtained "regular status." An employee who does not satisfy the standards of the class during the probationary period shall be notified in writing and termination or demotion procedures shall be initiated. An employee rejected or laid off during the probationary period from a position to which he has been promoted shall be returned to the classification in which he had regular status unless the reasons for his failure to complete his probationary period would be cause for dismissal. SECTION 3. Promotional and Competitive Exams Probationary employees are not entitled to compete for a closed /promotional recruitment /selection process; they may, however, compete for any open/competitive recruitment /selection processes. Article VI PROMOTION SECTION 1. Salary Step Assignment. When an employee is promoted to a position in a higher classification, he may be assigned to Step "A" in the appropriate range for the higher classification. However, if such employee is already being paid at a rate equal to or higher than Step "A," he may be placed in the step in that appropriate salary range as will grant him an increase of at least one (1), but no more than three (3) salary steps. SECTION 2. Eliszibiliiy List. When an eligible employee remains in higher bands of a current Eligibility List, and a Department Head selects an eligible employee in a lower band, upon request, the eligible employee in the higher band will be notified of the reasons for his non - selection. Article VII DEMOTION SECTION 1. When an employee is demoted, for disciplinary reasons to a position in a lower classification, his salary rate shall be fixed in the appropriate salary range for the lower classification in accordance with the following provisions: A. The salary rate shall be reduced by at least one step; and B. The new salary rate must be within the salary range for the classification to which demoted. 7888859.3 OR020 -059 7 Article VIII REASSIGNMENT OF COMPENSATION RANGES SECTION 1. Any employee who is employed in a classification which is allocated to a different pay range shall retain the same salary in the new range as he previously held in the prior range, and shall retain credit for length of service acquired in the previously held step toward advancement to the next higher step in the new salary range; provided, however: A. That if such retention shall result in the advancement of more than one step in the old pay range, the Human Resources Director may, at the time of reassignment, place the employee in a step which will result in an increase of only one step. B. That if the reassignment is to a lower compensation range, the "F" step of which is lower than the employee's existing rate of pay at the time of reassignment, the employee shall continue to be paid at the existing rate of pay until such time as the position shall be reassigned to a compensation schedule which will allow for further salary advancement, or until such time as the employee is promoted to a position assigned to a higher compensation range. C. That if the reassignment is to a lower compensation range, the "F" step of which is higher than the existing rate of pay, the employee shall be placed in that step of the lower compensation range which is closest to, but no lower than the existing rate of pay. D. The City Manager may reduce the salary range of any classification, but shall not be able to increase the range when any position is vacant. Article IX WORKING OUT OF CLASS SECTION 1. The City may work employees out of classification for up to 10 consecutive working days without additional compensation. SECTION 2. Working out of class assignments shall only be made for positions vacated due to illness, an approved leave of absence, voluntary resignation, or terminations. SECTION 3. Acting Time Pay. A. An employee shall receive acting time pay at the "A" Step of the higher class, or 5% above the employee's regular salary, whichever is greater, for work performed within the higher classification on the l I consecutive day of working out of class, and for each consecutive day thereafter an employee works out of class. B. The Department Head or his designee shall assign the employee to work out of classification but shall notify the Human Resources Director prior to the assignment. 7888859.3 OR020 -059 8 C. To qualify for working out of class pay, the employee must be performing all the significant duties of the higher position. SECTION 4. Eligibility Period. During the 10 consecutive working day eligibility period before an employee is entitled to receive acting time pay, absence for compensatory time and /or vacation shall break consecutiveness and cause the 10 consecutive working day eligibility period to start over. Absences for regularly scheduled holidays, regular days off, jury duty, and /or verifiable sick leave shall not constitute a break in consecutiveness for acting pay eligibility. Article X OVERTIME /COMPENSATORY TIME /CALL BACK COMPENSATION SECTION 1. Entitlement to Overtime. A. Compensatory Time. An employee covered by this MOU having an average workweek of forty hours shall be entitled to compensatory time for all hours worked in excess of 40 hours within the employee's workweek. Compensatory time shall be accumulated at the rate of one - quarter ( hour of compensatory time for each one - quarter ( hour of overtime worked. B. Premium (Time And One -Half) Overtime. Only time actually worked (i.e., not holiday, vacation, sick leave, or compensatory time) over 40 hours in an FLSA work period shall be paid at the premium (time and one -half) rate either in the form of pay or compensatory time. C. Paid Leave Hours During Holiday Closure. In the event of a City Hall holiday closure during the Christmas/New Year's Holiday), any paid leave hours (i.e., vacation, compensatory time, or sick leave) used during the holiday closure shall count as hours worked for purposes of calculating whether an employee has worked in excess of 40 hours within the employee's regular workweek, and for purposes of determining whether the employee will be paid premium (time and one -half) overtime. This shall be an exception related to an employee's entitlement to Premium Overtime, as defined in Section 1.B., above. SECTION 2. Compensatory Time Accumulation. Compensatory time shall be accumulated to the nearest one - quarter ( hour increment. Where an employee works less than one - quarter ( hour per day of overtime, the employee shall not receive compensatory time, and such time shall not count toward the computation of overtime. SECTION 3. Eligibility. In order to be entitled to compensatory time, such compensatory time must be authorized by the Department Head or his authorized agent. SECTION 4. Maximum Compensatory Time Accrual. Any accumulated compensatory time accrued in excess of 80 hours per calendar year shall be automatically paid on the first pay period of the new calendar year. 7888859.3 OR020 -059 9 SECTION 5. Use Of Compensatory Time. A. Payment of Compensatory Time. Overtime shall be paid at the regular rate of pay or equal time off, when authorized by the Department Head and approved by the City Manager. B. Payment Upon Termination. Employees shall be entitled to receive payment for all accumulated compensatory time upon their termination. C. Employees may convert accumulated compensatory time to cash. SECTION 6. Callback Compensation. If employees are required to report back to work after completing a normal work shift and have left the City premises and /or work location, they shall be compensated in cash or as compensatory time off at the straight time rate for actual hours of work with a minimum of three (3) hours call back compensation, regardless of whether the employee works less than three (3) hours. This provision shall not apply to employees who are continuing on duty. All actual time worked during a callback shall count as time worked toward the 40 hours for qualifying for premium time and one -half) overtime under FLSA. Section 8 below denotes compensation provided when an employee is eligible for callback pay and standby pay SECTION 7. Standby Pqv. Employees, assigned by Management to standby status after their regular work hours, will receive two (2) hours per day (Mondays through Fridays) of standby pay at their straight time hourly rate or three (3) hours per day for Saturdays, Sundays, and Holidays. SECTION 8. Callback Pay plus Standby Pay. Employees who are called back to work pursuant to Section 6 above, and who are assigned by Management to standby status after their regular work hours pursuant to Section 7 above, will receive two (2) hours per day (Mondays through Fridays) of standby pay at their straight time hourly rate or three (3) hours per day for Saturdays, Sundays, and Holidays, plus straight time for each hour worked on call back. All actual callback hours worked by an employee on stand -by shall count as time worked toward the 40 hours for qualifying for premium (time and one- half) overtime under FLSA. SECTION 9. Training Time. Employees who attend City- required training on a regularly scheduled day off including a 9/80 Friday shall receive straight time compensatory time on an hour for hour basis on time spent actually attending said training, unless this training time along with other actual hours worked exceeds forty (40) hours in an FLSA workweek, in which case such time would qualify for premium time and one -half) overtime under FLSA. Travel time outside of an employee's regular work schedule in conjunction with training does not count toward FLSA overtime under this provision. Article XI HOLIDAYS SECTION 1. Holiday Designation. tion. Employees covered by this MOU shall receive the following paid nine- hour holidays, except letter "I" below: 7888859.3 OR020 -059 10 A. January 1 St (New Year's Day) B. The third Monday in February (President's Day) C. Last Monday in May (Memorial Day) D. July 4th (Independence Day) E. First Monday in September (Labor Day) F. November l Ith (Veteran's Day) G. Fourth Thursday in November (Thanksgiving Day) H. Fourth Friday in November (Day after Thanksgiving) I. One -half day before Christmas, if December 24 Christmas Eve; 4.5 hours) J. December 25 (Christmas Day) K. A total of 9 hours of floating holiday time falls on a Monday through Thursday SECTION 2. Floating Holiday. Effective January 1S of each year, employees will have credited one nine (9) hour floating holiday during the course of this MOU which shall be taken as time off from work during the calendar year in which the floating holiday was earned. Employees hired after January 1 of each year shall receive a prorated portion of the 9 hours. The floating holiday shall be taken at the convenience of the City with approval of the Department Head or his duly authorized agent. The floating holiday is not cumulative and shall be forfeited should it not be taken during the calendar year it was earned. Employees under this section who terminate their employment with the City prior to using the floating holiday shall receive cash reimbursement for said holiday. SECTION 3. Holidays on Certain Days of the Week In the event any of the above holidays, except one -half day before Christmas, fall on a Sunday, the following day will be taken in lieu of the actual date on which the holiday falls. When any of the above holidays fall on a Saturday, except one -half day before Christmas, the preceding Friday will be taken in lieu of the actual date on which the holiday falls. Except that, when any of the above holidays falls on an employee's regularly scheduled day off, except one -half day before Christmas, employees will be credited with nine (9) hours of holiday compensatory time. Accumulated holiday compensatory time must be used by the employee by June 30 of the same fiscal year in which it was accumulated or be forfeited. SECTION 4. Eli ig bility to Receive Holiday Pay In order to be eligible to receive holiday pay, an employee must have worked, or be deemed to have worked because of an approved absence (e.g., sick leave, vacation, or compensatory time), the employee's regularly scheduled day before and regularly scheduled day after the holiday. Should an employee fail to work the employee's regularly scheduled day before and after the holiday, or if the employee is on an approved leave of absence without pay, the employee shall not be entitled to holiday pay. Probationary employees are provided with and are eligible to use floating holiday hours, according to the guidelines established in this Article, and /or with approval of the Human Resources Director. SECTION 5. Holiday During Vacation. Should one of the holidays listed above fall during an employee's vacation period while an employee is lawfully absent with pay, the employee shall receive holiday pay and no charge shall be made against the employee's accumulated vacation. SECTION 6. Double Time Pay. All employees required to work on a holiday listed above shall receive, with the approval of their supervisor, double time pay for hours worked on the holiday, or time off equal 7888859.3 OR020 -059 to the number of hours the employee actually worked on the holiday. Employees who work in excess of their regular number of hours on a holiday listed above, shall receive double time pay for all such hours actually worked. Employees shall receive no other compensation whatsoever for working on a holiday. Article XII VACATION SECTION 1. Vacation Accrual. All full -time, regular employees who have one (1) year's continuous service shall thereafter be entitled to a vacation as follows: After Year(s)Vacation Hours of service Per Year 1 through 4 80 5 through 10 120 11 128 12 136 13 144 14 152 15 through 24 160 25 or more 200 SECTION 2. Vacation Usage and Accumulation. Vacation shall be taken at the convenience of the City with the approval of the Department Head or his designee. Where possible, such vacation should be taken annually and not accumulated from year to year. Vacation hours not in excess of the equivalent number of hours earned in the immediately preceding 24 -month period may be accumulated with the permission of the Department Head and the Human Resources Director. Accrual of vacation hours shall cease if the accumulated vacation hours exceed equivalent number of hours earned in the immediately preceding 24 -month period. Vacation accruals will resume once the employee's accumulated vacation balance falls below the allowable limit. Probationary employees accrue vacation, but may not use vacation until successful completion of an initial probation period, except in the event of a City Hall holiday closure, with approval of the Human Resources Director. SECTION 3. Vacation Conversion. An employee may convert up to 33% of his current annual vacation accrual into pay in lieu of time off with pay on an annual basis for the 2015 /16 and 2016/17 fiscal years. An employee requesting such a conversion must meet the eligibility requirements as set forth in Section 1 and may so convert once in each of the noted fiscal years. SECTION 4. Vacation Pay -Out upon Termination. Eligible full -time and part-time employees who terminate their employment with the City shall be paid for all accrued vacation, if any, and the prorated portion of their final accrual. Prorated vacation shall be on the basis of one - twelfth (1/12) of the employee's annual vacation pay for each full month of service. 7888859.3 OR020 -059 12 Article XIII PART -TIME AND TEMPORARY EMPLOYEE ELIGIBILITY FOR FRINGE BENEFITS SECTION 1. Definitions. Nothing contained herein shall guarantee to any employee a specified number of hours per day or days per week or weeks per month or months per year of work. A. Regular part-time employees shall be those employees scheduled in the City's budget to work 20 or more hours per week on a year -round basis (52 weeks minus approved leave). B. Temporaa part-time employ shall be those employees scheduled in the budget to work less than 20 hours per week on a year -round basis (52 weeks minus approved leave). C. Seasonal employ shall be those employees who are scheduled in the budget to work on less than a year -round basis regardless of hours worked. SECTION 2. Entitlement to Fringe Benefits Based Upon Pro - Ration of Hours Regular part-time employees shall receive fringe benefits in proportion to the number of hours an employee is scheduled in the budget to work to the normal 40 -hour week on an annual basis. The annual schedule for all part-time employees shall be on the City's position control and approved in the City's approved budget. This formula of pro- ration shall apply to holiday pay, vacation, sick leave, medical insurance contribution, disability insurance contribution, and retirement contribution. SECTION 3. Temporary and Seasonal Employees. Temporary and seasonal employees shall be entitled to receive no fringe benefits provided for in this MOU or in any resolution of the City, except those stated in Article XVIII, Section 4 of this MOU, or unless otherwise provided by Federal and /or State law. Article XIV LEAVES OF ABSENCE SECTION 1. Leave of Absence without Pay. For all regular employees as described herein, the following Leave without Pay procedure shall apply: A. After all available leave benefits, including vacation, compensatory time, and other leave benefits have been completely used, a regular employee, not under suspension, may make written application to the Department Head for leave without pay. No such leave will be considered absent a written application from the employee requesting leave. B. If the Department Head and the 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 allowable leave benefits. 7888859.3 OR020 -059 13 C. No employment or fringe benefits such as sick leave, vacation, health insurance, retirement, or any other benefits shall accrue to any employee on leave of absence without pay except as denoted under the FCML in Section 8, below. During such leave in excess of five (5) working days, no seniority shall be accumulated. D. Subject to and consistent with the conditions of the group health, life or disability plan, coverage may be continued during a leave, provided direct payment of the total premium by the employee is made through and as prescribed by the Payroll Division of the City. The City will pay up to six (6) months of the Flexible Benefit Plan contribution for employees who are on long term disability leave. E. At the end of such leave, if the employee desires additional leave, written application must be made through the Department Head to the Human Resources Director at least ten (10) days before the end of the six (6) month period, stating the reasons why the additional leave is required and why it would be in the best interests of the City to grant such leave of absence. If such additional leave is merited and would still preserve the best interests of the City, he may approve such extension of the leave of absence for a period not to exceed an additional six (6) months. F. If the employee does not return to work prior to or at the end of such leave of absence or extension of leave of absence, the City shall consider that the employee has terminated his employment with the City. G. An employee on leave of absence must give the City at least seven days' written notice of his intent to return to work prior to returning to work. H. Any employee who engages in outside employment during said leave of absence without prior notification and approval of the Human Resources Director and Department Head may be subject to termination. I. Any employee who falsifies the reason for the request for said leave of absence may be terminated for falsifying a request for leave of absence or extension thereof. J. Such leave shall be granted on the same basis for pregnancy, childbirth, and other medically related conditions, except that such an employee shall retain all seniority rights. K. Forms setting forth the benefits available or such other pertinent information shall be maintained for distribution in the Human Resources Department. L. Management will allow an employee to take a leave of absence without pay during a City Hall holiday closure without having to exhaust all accrued leave benefits on the books. SECTION 2. Jury Duty and Services as a Witness for the City. A. Jury Duty. When required to serve on a jury, all employees shall have time off for a period not to exceed 30 calendar days for each jury duty summons which an employee responds to per 7888859.3 OR020 -059 14 calendar year. Employees shall receive their regular pay while serving on jury duty, provided all jury fees paid to the individual employee, less allowed automobile expenses, are turned over to the City. If an employee is required to call in for jury service and the court does not need the employee's service, the employee is expected to report to work. Once an employee has completed his jury service, he must provide the Certificate of Jury Service to his immediate supervisor to qualify for jury duty compensation. B. Witness Service for the City. If an employee is called as a witness, on behalf of the City, he shall receive his normal pay for the time spent by the employee serving as a witness for the City. Employees shall be required to pay any witness fees that accrue to the employee for his witness service to the City as a condition of receiving his normal pay while serving as a witness for the City. SECTION 3. 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 Section 395- 395.02 of the Military and Veterans' Code. An employee must provide a copy of their military orders to the Human Resources Department to qualify for a military leave of absence. SECTION 4. Sick Leave. Sick leave with pay shall be allowed, credited, and accumulated in accordance with the following: A. For employees working a regular 40 -hour week, eight (8) hours of sick leave will accrue for each month of continuous service. Probationary employees may use accrued sick leave during their probation period. B. All non - benefitted employees shall receive sick leave as required by State law. C. Sick leave will be charged at the rate of one - quarter ( hour for each one - quarter ( hour an employee is absent. 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 Department Head 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. 3) 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). 4) No employee shall be eligible or entitled to sick leave with pay for any illness or injury arising out of and in the course of City employment. 7888859.3 OR020 -059 15 E. Sick Leave Application. Sick leave may be applied only to absence caused by illness or injury of an employee and may not extend to absence caused by illness or injury of a member of the employee's family except as provided in Section 5 or 6 below. F. Sick Leave Charged. 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 ( hour, while additional actual absence of over one - quarter ( hour shall be charged to the nearest one -half hour. Sick leave shall only be used for the purposes stated, and the Department Head 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. Maximum Accumulation of Sick Leave. An employee who is initially hired after July 1, 1980 shall be allowed to accumulate sick leave to a maximum of 960 hours. Sick leave hours in excess of such maximum shall be forfeited. H. Retirement from City Service and Entering the Public Employees' Retirement System. Upon retiring from City service and entering the Public Employees' Retirement System, an employee shall receive no pay for the first 60 days of accrued sick leave (0 -480 hours), but shall receive 25% pay for the first 30 days of accrued sick leave after the first 60 days of accrued sick leave 481 -720 hours), and 50% of all accrued sick leave thereafter (721 -960 hours). I. Death of an Employ Upon the death of an employee while employed by the City, 100% of all accrued sick leave benefits shall be paid to the beneficiary of the deceased employee. Payment will be made when proper authorization for payment is received from the estate of the decedent employee. J. Sick Leave Conversion. 1) Eligible employees with sick leave usage of 0.0 to 27.0 hours per payroll calendar year will have the option to convert 30 hours of their unused sick leave to vacation in the first pay period of the following year. 2) Employees with sick leave usage of 27.25 to 36.0 hours per payroll calendar year may convert 20 hours of unused sick leave to vacation in the first pay period of the following year. 3) Employees must have a minimum balance of 180 hours of sick leave available after conversion. 4) However, no hours will be converted to vacation if said vacation conversion places the employee's vacation bank over the maximum allowable accrual. In this case, all sick leave hours eligible for conversion will instead remain in the employee's sick leave account. SECTION 5. Family Leave. In accordance with the California Family Sick Leave and Paid Sick Leave Acts, an employee is allowed up to 48 hours of family leave per calendar year for family related illness 7888859.3 OR020 -059 16 or injury, which shall be charged against the employee's accumulated sick leave. 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. Benefitted part-time employees are allowed to use up to one -half of their annual accrual of sick leave for family leave purposes. SECTION 6. Bereavement Leave. Regular full -time employees shall be entitled to take up to three (3) days of paid bereavement leave per incident on the following terms and conditions: A. Bereavement leave may only be used upon the death or critical illness where death appears to be imminent of the employee's immediate family. "Immediate family" as used in this subsection, shall be limited to any relation by blood, marriage or adoption, who is a member of the employee's household (living at the same address) and any parent, legal guardian, parent -in -law, brother -in -law, sister -in -law, grandparent, grandchild, aunt, uncle, spouse, registered domestic partner, child, brother, sister, or registered domestic partner of the employee regardless of residence. B. Days of absence due to bereavement leave shall not exceed three (3) working days per incident and shall not be deducted from the employee's accumulated sick leave. An employee on bereavement leave shall inform his immediate supervisor of the fact and the reasons 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. SECTION 7. Workers' Compensation. Employees who incur a work - related injury or illness will be eligible to receive Workers' Compensation benefits according to the State of California's Department of Workers' Compensation regulations and benefits provided pursuant to this Memorandum of Understanding. A. Temporary Disability Leave. Unit employees shall be granted temporary disability leave of up to 365 days in the event of a job related injury or illness. Temporary disability leave in excess of 365 days will expire based on current State regulations. When 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 30 days starting from the first day of temporary disability. The employee will then receive 80% of salary for up to an additional 335 calendar days. Thereafter, the regular temporary disability Workers' Compensation rate will apply. B. Course of Employment. Should it be determined that an employee's illness or injury did not arise in the course of the employee's employment with the City or that the employee is not temporarily or permanently incapacitated 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 Section A above. 7888859.3 OR020 -059 17 C. Physician Pre-Designation- An employee may elect to pre- designate a qualified medical provider if done in accordance with the Division of Workers' Compensation (DWC). 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. D. Fringe Benefits. The City will continue to provide vacation, sick leave, insurance, and other fringe benefits for employees who qualify for workers' compensation. 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. SECTION 8. Family Care and Medical Leave (FCML). State and Federal laws require the City to provide family and medical care leave for eligible employees. The following provisions set forth employees' and employer's rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the City's Employee Handbook. Any provisions not set forth in the Employee Handbook are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 (FMLA) and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act CFRA) (Government Code Section 12945.2). Unless otherwise provided, "Leave" under this article shall mean leave pursuant to the FMLA and CFRA. An employee's request for leave is subject to review and final approval of the Human Resources Director. A. Amount of Leave. Eligible employees are entitled to a total of 12 workweeks of leave during any 12 -month period. An employee's entitlement to leave for the birth or placement of a child for adoption or foster care expires 12 months after the birth or placement. B. Calculating the 12 -Month Period. The 12 -month period for calculating leave entitlement will be a "rolling period" measured backward from the date leave is taken and continues with each additional leave day taken. Thus, whenever an employee requests leave, the City will look back over the previous 12 -month period to determine how much leave has been used in determining how much leave an employee is entitled to. C. Use of Other Accrued Leaves While on Leave. If an employee requests leave for any reason permitted under the law, he must exhaust all accrued leaves (except sick leave) in connection with the leave. This includes vacation, holiday, and other compensatory accruals. If an employee requests leave for his own serious health condition, in addition to exhausting accrued leave, the employee must also exhaust sick leave. The exhaustion of accrued leave will run concurrently with the Family Care and Medical Leave. 7888859.3 OR020 -059 18 D. Required Forms. Employees must fill out required forms, available in the Human Resources Department, including: Request for Family Medical Leave; Medical Certification; Authorization for Payroll Deductions for Benefit Coverage Continuation During Family /Medical Care Leave; and Fitness - for -Duty to return from leave (if applicable). Article XV FRINGE BENEFIT ADMINISTRATION SECTION 1. Administration. The City reserves the right to select the insurance carrier or administer any fringe benefit programs that now exist or may exist in the future during the term of this MOU. SECTION 2. Selection and Funding. In the administration of the fringe benefit programs, the City shall have the right to select any insurance carrier or other method of providing coverage to fund the benefits included under the terms of this MOU, provided that the benefits of the employees shall be no less than those in existence as of implementation of this MOU. SECTION 3. Changes. If, during the term of this MOU, any change of insurance carrier or method of funding for any benefit provided hereunder occurs, the City shall notify OMEA prior to any change of insurance carrier or method of funding the coverage. Article XVI HEALTH BENEFITS SECTION 1. Health Insurance. The City shall continue to contract with the Public Employees' Retirement System (PERS) to make available those health insurance benefits provided under the Public Employees' Medical and Hospital Care Act (PEMHCA). A. Retiree Premium Contribution. 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 $ $125.00 per month ($128 per month effective January 1, 2017). 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. 7888859.3 OR020 -059 19 B. Flexible Benefits Plan. The City shall provide a Section 125 Flexible Benefits Plan for active full -time and benefited part-time employees and pay the following amounts to provide funds for optional dental insurance coverage, vision plans, health plans, or miscellaneous pay: C. Any amounts in excess of the amounts designated in Section 1 (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. E. An employee may choose to not be enrolled in the Health Benefits Plan. If an employee chooses not to be enrolled in the health plan, the employee must provide proof 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 Director. Based on determination that group medical insurance coverage is in full force and effect, eligible employees shall receive $745.00 per month toward the Flexible Benefits Plan. Effective January 1, 2016, this amount shall increase to $795.00 per month. Effective January 1, 2017, this amount shall increase to $845.00 per month. F. In the event that the employee loses eligibility (with documentation) then the employee may re- enroll in the PERS Health Benefits Plan pursuant to their rules and regulations. SECTION 2. Life Insurance. The City shall contribute the full premium toward a $40,000 life insurance policy for each benefited employee. SECTION 3. Lonz Term Disability Insurance. The City shall provide a long -term disability plan that pays 60% of salary after a 60 -day elimination period, to a maximum of $4,000 per month. SECTION 4. Retirement Health Savings Plan Trust. The City allows the Association to establish a Retirement Health Savings Plan Trust for its' employees. The City will not contribute to this plan, as all costs and contributions of the Plan will be borne by the employees. OMEA will sponsor said plan, and indemnify and release the City from any and all plan liability. The City will provide logistical payroll support. The responsibility for the maintenance and investment of the plan funds rests solely with OMEA. 7888859.3 OR020 -059 20 Article XVII EDUCATIONAL ASSISTANCE PROGRAM SECTION 1. Program Requirements. The City will reimburse employees for the cost 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 courses leading to an accredited degree. In addition, the City will reimburse employees for job - related: lab fees and cost of materials, licensing and registration fees, professional and technical certifications, as well as licensing and registration renewal fees. The request will be reviewed by the Department Head who shall submit all requests, along with recommendations, to the Human Resources Director for approval prior to registration. Reimbursement will be based upon the final grade received. A final grade of "C" or better qualifies an employee for 100% reimbursement up to the amount specified in Section 2 of this Article. SECTION 2. Payments. Educational assistance payments to an employee shall not exceed $1,250.00 in any one fiscal year and the individual must still be employed by the City when the course is completed to qualify for reimbursement. SECTION 3. Professional Development. The City agrees to allow reimbursement to employees of up to 475.00 of the $1,250.00 allotted per fiscal year for activities that aid in their professional development. Reimbursable activities include the following: 1. Attendance at job - related professional conferences and seminars; 2. Payment of membership dues in community and professional organizations; 3. Purchase of job - related professional journals, books, and other written materials, which further their knowledge and improve their effectiveness in their duties. Participation and /or purchase must be approved in advance by the Department Head and the Human Resources Director. The above modifications are made to recognize and encourage staff to pursue educational and public relations oriented activities beyond those normally budgeted for them by their departments and in which they are directed to participate. Approved activities are those which may be expected to further their knowledge of their jobs and the Orange community and which contribute to their improved effectiveness. Individual departments may continue to budget funds for staff attendance at professional conferences and seminars, for payment of professional membership dues, and for the purchase of books, journals, and related written materials, which enhance the staff s knowledge. SECTION 4. Education Program for Building Inspector /Combination Inspector. 7888859.3 OR020 -059 21 A. All employees classified as a Building Inspector or Combination Inspector shall be eligible for this program. B. To qualify for the incentive, eligible employees shall become and remain certified by the International Conference of Building Officials (I.C.B.O.) as a Combination Dwelling Inspector in one of the following disciplines: 1) Plumbing; 2) Electrical; 3) Mechanical; 4) Plans Examiner; 5) Any other discipline approved by the Building Official that may be offered by I.C.B.O. in the future. Failure to maintain certification in the required disciplines (through re- examination) shall result in such inspector no longer qualifying for the incentive. C. Employees, who qualify, as set forth above shall be compensated by an additional $100.00 per month. This form of compensation, also referred to as "Educational Pay - International Conference of Building Officials (ICBO) Certificate," 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). D. City shall pay I.C.B.O. fees upon passing initial and re- certification examinations. SECTION 5. Certification Reimbursement Program for Code Compliance Officer, and Assistant or Associate Planner. A. All persons classified as a Code Compliance Officer, or Assistant or Associate Planner shall be eligible for this program. B. To qualify for the reimbursement, eligible Code Compliance Officers shall become certified by American Association of Code Enforcement (AACE); eligible Planners shall become certified by the American Institute of Certified Planners (AICP). C. City shall reimburse AACE and AICP testing fees, up to a maximum of $300.00, upon successful completion of the examination. Article XVIII RETIREMENT SECTION 1. PERS Retirement Formula — Tier 1. Effective June 29, 2003, the City provided the PERS 2.7% @ age 55 Retirement Program. This applies to all employees hired by the City prior to January 1, 2013. This also applies to new employees who are considered "classic" members of Ca1PERS or current 7888859.3 OR020 -059 22 members of another California public retirement system with Ca1PERS reciprocity who are hired on or after January 1, 2013. Employees do not contribute any portion of their salary to PERS towards cost - sharing of the City's employer contribution rate. The City shall pay all remaining employer costs towards the retirement program for employees covered herein. SECTION 2. PERS Retirement Formula — Tier 2. Employees hired on or after January 1, 2013, who thereupon become new members in PERS, shall be subject to the 2.0% @ age 62 retirement program pursuant to the California Public Employees' Pension Reform Act of 2013 (PEPRA) and related statutory changes. In all other respects, employees hired by the City on and after January 1, 2013 shall be subject to the terms and requirements of PEPRA. New PERS members shall pay 50% of the normal cost of retirement. SECTION 3. PERS Member Contribution. All benefited employees shall participate in the California Public Employees' Retirement System (CaIPERS). Employees shall pay 8.0% of reportable salary, on a pre -tax basis, to PERS as their full member contribution. Annual reports are available online from Ca1PERS showing the amount of contribution so made. SECTION 4. Part-Time Employ Part-time employees not covered under the Public Employees' Retirement System shall participate in a defined contribution retirement plan in lieu of Social Security contributions. The City shall contribute 3.75% of the employee's eligible earnings toward the retirement plan. Part-time employees shall contribute 3.75% of their eligible earnings toward the retirement plan. SECTION 5. 1959 PERS Survivor Benefit. The City shall pay fees and provide the 1959 PERS Survivor Benefit at the Third Level Option. Article XIX MISCELLANEOUS PROVISIONS SECTION 1. Rideshare Incentive Pro am. An employee may receive $30 per month and eight (8) hours of compensatory time (to a maximum accrual of 16 hours) every six (6) months for carpooling, using public transportation, biking, walking, or other approved modes of transportation to commute to and from the work -site. To qualify for these incentives, an employee must use one (1) of the above modes of transportation a minimum of 70% of his commuting time. SECTION 2. Uniforms. A. The City may purchase uniforms for certain designated classifications within the Association. B. All uniforms and /or safety equipment purchased by the City shall remain the property of the City. SECTION 3. Safety Shoes. Designated employees covered by this MOU may be required to wear safety shoes with steel toes while on duty. An employee classified as Assistant Engineer, Associate Civil Engineer, Building Inspector, Code Compliance Officer, Combination Building Inspector, Construction Inspector 1/II, Engineering Technician I /II, Environmental Compliance Specialist, Environmental 7888859.3 OR020 -059 23 Scientist, Senior Traffic Signal Technician, Warehouse /Inventory Specialist, or Traffic Signal Technician I /II will receive up to $300.00 per fiscal year for safety boots allowance. Inspection of the work site will be made on a regular basis to ascertain compliance to the safety shoe program. SECTION 4. Breaks. Employees are entitled to two 15- minute breaks, unless an emergency requires continued work, as determined by the employee's supervisor. An employee shall be permitted to take one break during the first half of the work shift and one break during the second half of the work shift. Breaks shall be scheduled to ensure that public counters and telephones are covered at all times during the regular working day and are designed to provide a period of relaxation and /or nutrition during each half of the working day. If a break is not taken, it shall not be accumulated, but shall be lost and not charged in the future to the City. SECTION 5. Direct Deposit. Effective July 1, 2007, all new City employees are required to participate in the City's direct paycheck deposit program. City employees hired prior to July 1, 2007 who do not participate in the direct deposit program will have their paychecks mailed to the mailing address on file for said employee from the City's Finance Department. Article XX TRAVEL EXPENSE ALLOWED SECTION 1. Mileage Reimbursement. Expense claims for the use of private automobiles must be authorized and submitted through the Department Head to the Accounts Payable division of the Finance Department for reimbursement. Such use, where mileage is reimbursed, will be reimbursed at the rate per mile allowed under the current IRS regulations. SECTION 2. Out of City Travel. If the estimated expense of contemplated travel out of the City is too great to expect the employee to finance the trip and be reimbursed upon his return, the City Manager may authorize advance payment of the estimated amount of the travel expense to the employee. A. Coach class airplane passage will be considered standard for out -of -town travel. B. Use of personal cars for out -of -City trips, within the State, may be approved by the City Manager when use of commercial transportation is not available or practical. If an employee prefers to use his personal car, he may be reimbursed mileage expenses as long as the expenses do not exceed the amount of the cost of the commercial transportation. 1) The rate per mile allowed under the current IRS regulations shall be approved for use of personal cars when City cars are not available. SECTION 3. Transportation and Expense Charges. Air, rail, or public transportation used and expenses for local transportation, such as taxicabs and bus fare, will be allowed whenever such transportation is necessary to conduct City business. In addition, the following expenses and charges will be allowed, whenever necessary, for conducting City business. 7888859.3 OR020 -059 24 A. Expense will be allowed for adequate lodging. Hotel accommodations shall be appropriate to the purpose of the trip. B. Telephone and fax charges will be allowed for official calls and transmissions. C. Expenses for meals will be reimbursed according to Administrative Policy Number 4.13. Article XXI SAFETY AND HEALTH SECTION 1. The City and the employees of the City agree to comply with all applicable Federal, State, and City laws, codes, and policies that relate to health and safety. In addition the City and OMEA agree to actively pursue the continuation of safe working procedures and environments. SECTION 2. Safety Equipment. All protective clothing or protective devices required of employees in the performance of their duties shall be furnished without cost to the employees by the City. Article XXII CITY RIGHTS SECTION 1. The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of Management, as they are not abridged by this MOU or by law, shall include, but not be limited to, the following rights: A. To manage the City generally and to determine the issues of policy. B. To determine the existence or non - existence of facts which are the basis of the Management decision. C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services. D. To determine the nature, manner, means, and technology, and extent of services to be provided to the public. E. To determine the methods of financing. F. To determine the types of equipment or technology to be used. 7888859.3 OR020 -059 25 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, economic conditions, 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. M. To determine job classifications and to reclassify employees and to determine the classifications to be assigned to the bargaining unit. N. To hire, transfer, promote, and demote employees for non - disciplinary reasons in accordance with this MOU. O. To determine policies, procedures, and standards for selection, training, and promotion of employees. P. To establish employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith. Q. To maintain order and efficiency in its facilities and operations. R. To establish and promulgate and /or modify rules and regulations to maintain order and safety in the City which are not in contravention with this MOU. S. To take any and all necessary action to carry out the mission of the City in emergencies. SECTION 2. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of OMEA 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 MOU. 7888859.3 OR020 -059 26 Article XXIII EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES SECTION 1. Dues Deductions / Agency Shop. The City shall deduct for dues and OMEA benefits on a bi- weekly basis from the pay of all employees in the classifications and positions recognized to be represented by OMEA. These deductions shall be made utilizing a mutually agreed upon form to be provided for this purpose. The City shall remit such funds to OMEA within ten (10) days following their deduction. OMEA is an Agency Shop association. This means each employee must either be a dues paying member of the association, or, in lieu of membership, pay a service fee to the association as the exclusive representative of his position, or, if he qualifies, may designate a certain non - profit agency to which he will pay an equivalent amount. Adherence to the Agency Shop provision is a condition of employment. SECTION 2. Indemnification. OMEA 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 OMEA except the intentional failure of the City to transmit, to OMEA, monies deducted from the employees pursuant to this Article. SECTION 3. Newly Hired Employees. The City will provide OMEA with a list of any new hires into the bargaining unit within 30 days of receipt of a request for such list by OMEA. SECTION 4. Posting of Notices. The Association shall be afforded the opportunity to post OMEA bulletins, updates, and notices pertaining to Association business and meetings. SECTION 5. Use of City Facilities. Upon prior notice and subject to availability, the City shall allow OMEA to use City facilities for membership, Board of Directors, and committee meetings. Article XXIV GRIEVANCE PROCEDURE SECTION 1. Definition of Grievance. A grievance shall be defined as a timely complaint by an employee or group of employees of OMEA concerning the interpretation or application of specific provisions of this MOU or of the Rules and Regulations governing personnel practices or working conditions of the City. An employee complaint concerning his own discipline shall be processed in accordance with Article XXV. SECTION 2. Business Da Business days means those days in which the City's administrative offices are open. SECTION 3. Time Limits for Filiniz Written Formal Grievances. The time limits for filing written formal grievances shall be strictly construed, but may be extended by mutual agreement evidenced, in writing, and signed by a duly authorized representative of the City and the grieving party. Failure of the grieving party to comply with any of the time limits set forth hereunder shall constitute waiver and bar 7888859.3 OR020 -059 27 further processing of the grievance. Failure of the City to comply with time limits set forth in this Section shall automatically move the grievance to the next level in the Grievance Procedure. SECTION 4. Informal Grievance Process. An employee must first attempt to resolve a grievance on an informal basis by discussion with his immediate supervisor without undue delay. Every effort shall be made to find an acceptable solution to the grievance by these informal means at the most immediate level of supervision. At no time may the informal process go beyond the division head concerned. In order that this informal procedure may be responsive, all parties involved shall expedite this process. In no case may more than ten (10) business days elapse from the date of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance and the filing of a written formal grievance with the Human Resources Director of the City, with a copy to the Department Head in which the employee works. Should the grievant fail to file a written grievance within ten (10) business days from the date of the incident giving rise to the grievance, or when grievant knew or should have reasonably become aware of the facts giving rise to the grievance, the grievance shall be barred and waived. SECTION 5. Formal Grievance Process, Human Resources Director, Department Head. If the grievance is not resolved through the informal process, and the written grievance is filed within the time limits set forth above, the grievant shall discuss the grievance with the Human Resources Director and the Department Head within ten (10) business days. The Human Resources Director and the Department Head shall render a decision and comments, in writing, regarding the merits of the grievance and return them to the grievant within five (5) business days following the grievance discussion. SECTION 6. Formal Grievance Process, City Manager. If the grievance is not resolved in Section 5 above, or if no answer has been received from the Human Resources Director and Department Head within 15 business days from the presentation of the written grievance to the Human Resources Director and Department Head, the written grievance shall be presented to the City Manager, or his duly authorized representative within ten (10) business days, for determination. Failure of the grievant to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the last Management grievance response. The City Manager, or his duly authorized representative, shall render a final decision on the merits of the grievance and comments, in writing, and return them to the grievant within ten (10) business days after receiving the grievance. After this procedure is exhausted, the grievant, OMEA, and the City shall have rights and remedies to pursue said grievance under the law. The City shall instruct its supervisors on the proper use and implementation of this grievance procedure and every reasonable effort shall be made by the employee and supervisor to resolve the grievance at the informal step. Article XXV DISCIPLINARY APPEALS PROCEDURE SECTION 1. Disciplinga Appeals. Any employee who has obtained regular status, and any promotional probationary employee shall have the right to appeal any termination, suspension, reduction in salary, or non - probationary demotion. The right to appeal shall not apply to probationary, non - benefited part-time, temporary, or seasonal employees covered by this MOU. Verbal or written 7888859.3 OR020 -059 28 reprimands, probationary demotions, performance evaluations, and denial of merit increases are not subject to appeal. However, an employee may submit a written rebuttal to any verbal or written reprimand. In addition, the employee may also request said reprimand be withdrawn from their official Personnel record after one (1) year. However, such removal shall be at the complete discretion of the Human Resources Director. SECTION 2. Formal DisciplinM Appeals Process. An employee desiring to appeal a supervisor /manager's decision to take disciplinary action shall have up to ten (10) business days after receipt of the notice of intent to discipline file either a verbal or written appeal to the Department Head. If, within the appeal period, the employee does not file an appeal, unless good cause for the failure is shown, the disciplinary action shall be considered final and shall take effect as prescribed. If the employee does file a notice of appeal within the appeal period, the Department Head shall consider the merits of said appeal prior to implementation of any disciplinary action. In the event the Department Head upholds the disciplinary action, said action shall be implemented immediately. An employee may appeal the Department Head's decision to the City Manager or, at the City Manager's discretion, to his designee, as long as such designee is not a manager from the department of the employee filing said appeal. An employee may appeal any termination, suspension, reduction in salary, or non - probationary demotion to the City Manager or his designee. Any request for an appeal to the City Manager shall be submitted in writing to the Human Resources Department within ten (10) business days of the Department Head's decision. Failure to do so shall render the discipline final and constitute a waiver of any further administrative or judicial appeals. The appeal to the City Manager may be either in the form of a written appeal or an oral presentation. Termination appeals may be further processed in accordance with the provisions of Section 3 below. SECTION 3. Formal Process for Terminations, Advisory Hearing Officer. A non - probationary terminated employee may request a full evidentiary hearing within 15 City business days of the date of any notice of termination. Failure to request a hearing within the 15 -day period constitutes a waiver of the hearing. In lieu of a hearing, a terminated employee may submit a written response to the City Manager within the 15 -day period. Requests for extensions to file a written response must be made within the 15 -day period. If a hearing is requested to challenge the imposition of termination, a full evidentiary hearing shall be held by a Hearing Officer who shall render an advisory decision. 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 alternately strike one (1) name from the list until only one (1) person remains, who shall be the Hearing Officer. The determination as to which party strikes first shall be made on a random basis. A. Fees for retaining the Hearing Officer and other costs related to conducting the hearing, for example employing a court reporter, shall be shared equally by the City and the employee. The City and the employee shall each be responsible for securing and paying for their respective representation at the hearing, if any. B. The Hearing Officer shall determine whether good cause exists for the imposition of the termination and, if not, the appropriate degree of discipline. The decision of the Hearing Officer is remitted to the City Manager for final disposition. 7888859.3 OR020 -059 29 C. The City Manager, or his duly authorized representative, shall render a final decision on the Hearing Officer's comments and recommendation, in writing, and return them to the employee within ten (10) business days after receiving the Hearing Officer's findings. D. After this procedure is exhausted, the employee and the City shall have all rights and remedies to pursue said appeal under the law. Article XXVI NO STRIKE -NO LOCKOUT SECTION 1. Prohibited Conduct. OMEA, its officers, agents, representatives and /or members agree that during the term of this MOU, they will not cause or condone any strike, walkout, slowdown, sick -out, or any other job action by withholding or refusing to perform services. SECTION 2. The City agrees that it shall not lock out its employees during the term of this MOU. SECTION 3. Any employee who participates in any conduct prohibited in Section 1 above may be subject to termination by the City. SECTION 4. In addition to any other lawful remedies or disciplinary actions available to the City, if OMEA fails, in good faith, to perform all responsibilities listed below in Section 5, OMEA Responsibility, the City may suspend any and all of the rights, privileges, accorded to OMEA under the Employee Relations Resolution in this MOU, including, but not limited to, suspension of recognition of OMEA, grievance procedure, right of access, check -off, the use of the City's bulletin boards, and facilities. SECTION 5. OMEA Responsibility. A. In the event that OMEA, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 1 above, Prohibited Conduct, OMEA or its duly authorized representatives shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and they should immediately cease engaging in conduct prohibited in Section 1 above, Prohibited Conduct, and return to work. B. If OMEA performs all of the responsibilities set forth in paragraph (A) above, its officers, agents, and representatives shall not be liable for damages for prohibited conduct performed by employees who are covered by this MOU in violation of Section 1 above. Article XXVII OMEA REPRESENTATIVES This article is intentionally left blank to standardize the sequence among other City of Orange MOU's. 7888859.3 OR020 -059 30 Article XXVIII LAYOFF PROCEDURE When a layoff or reduction in force is necessary, the layoff procedures set forth in Resolution No. 8177, as incorporated below, shall be used as the established layoff policy and procedure. SECTION 1. Purpose. The purpose of this policy is to establish and communicate the City's procedures when a layoff or reduction in force is necessary. SECTION 2. Scope. All OMEA employees are subject to reduction in force at the direction of the City Manager. SECTION 3. Policy. The City retains the right to abolish any position, reduce the work force and layoff employees when it becomes necessary due to economic conditions, organizational changes, lack of work, or because the necessity for a position no longer exists. The City's layoff policy provides the following criteria to be followed during a reduction in force. ECTION 4. Procedure. A. Order of Reductions in Force (Layoff and Demotion). Within a department and by classification, the order of layoff or demotion shall be as follows: 1) Temporary employees (19 hours or less); 2) Initial probationary employees; 3) Regular part -time employees (20 or more hours, but less than 40 hours); 4) Regular full -time employees (40 hours) For purposes of this procedure, the Water Division will be considered a department. B. Layoffs 1) Layoffs shall be based on City -wide seniority, except, negative performance during the past three (3) years will be considered to determine the order of layoff. Negative performance and disciplinary actions will include the following: a) Denial of merit increases; b) Suspension without pay; c) Extensions of probationary periods; d) Disciplinary demotions to lower level positions; e) Disciplinary reductions in pay; f) Performance evaluations containing significant, negative written comments indicating improvement needed and warning of further consequences to follow if improvement fails to occur. 7888859.3 OR020 -059 31 A single negative disciplinary action as described above will not reduce the employee's seniority. However, each additional disciplinary action during the three (3) year period will reduce the employee's seniority by two (2) years for each additional occurrence, for a possible reduction of six (6) years. 2) The order of layoff shall be established by the Human Resources Director, including seniority and results of review of performance evaluations and prior disciplinary actions. 3) The order of layoff will be the least senior employee as determined by the procedure above. 4) Prior to the establishment of the final order of layoff, the Human Resources Director shall furnish affected employees a copy of the "Proposed Order of Layoff." Notice will be hand delivered to employees whenever possible. 5) If the employee wishes to contest the application of the criteria set forth in this policy to his position on the list, he may appeal with any supporting materials to the Human Resources Director. This request should be directed to the Human Resources Director within seven (7) calendar days following the establishment and distribution of a "Proposed Order of Layoff' list. The employee will be allowed representation during the appeal process. 6) After meeting with all employees wishing to be heard with respect to their position on the layoff list, the Human Resources Director or his designee shall establish the "Final Order of Layoff' list. The decision of the Human Resources Director shall be final and not subject to the grievance process or further appeal. C. Written Notice. Employees to be laid off shall be provided written notice at least seven (7) calendar days in advance of the layoff date. Notice will be hand delivered to the employee whenever possible. If personal delivery is not possible, the notice will be sent by certified mail to the last known residential address. D. Transfer or Demotion in Lieu of Lam 1) Whenever employees are to be laid off, they may transfer or demote to another vacant position in their own department or other departments providing that: a) The positions are at the same or lower level; b) Positions are authorized, budgeted, and the City intends to fill the vacancies; c) The employee meets the qualifications of the new position as determined by the Human Resources Director. 2) Whenever employees are to be laid off, they may demote to lower level, filled positions within their department providing they: 7888859.3 OR020 -059 32 a) Formerly held or supervised the lower level position within the City of Orange and within the classification; b) Employee meets or can reasonably meet qualifications for the new position as determined by the Human Resources Director; c) Possesses greater seniority to displace a lower level worker; d) Requests in writing a demotion to the previously held or supervised position within seven (7) calendar days of receiving the notice of layoff or voluntary demotion. A voluntary demotion shall not reflect as a negative action in the employee's personnel file. E. Re- employment Lists. 1) Regular employees in good standing who are laid off or demoted shall have their name placed on a departmental re- employment list for the last classification previously held. Names shall be placed on the list in inverse order of seniority. (Last released - first re- hired). Vacancies the department desires to fill will be offered first to eligibles on the departmental re- employment list. 2) Other hiring departments who have vacancies the City desires to fill will give priority consideration to those employees whose names appear on the re- employment list. If these employees are not selected for re -hire, the reason for non - selection must be approved by the Human Resources Director. 3) Names of qualified individuals shall remain on re- employment lists for a period not to exceed two (2) years from the date of layoff. Individuals who qualify for re -hire but do not respond to written notification to the last known address on file within fourteen calendar days or who refuse two (2) job offers shall have their names removed from the re- employment list. It is the employee's responsibility to provide the Human Resources Department with a current mailing address. Once re- hired, employee names are removed from all re- employment lists. SECTION 5. Non - Discrimination in Reduction in Force. Layoffs and demotions, which result from a reduction in force, shall be made without regard to an employee's actual or perceived race, color, national origin, religion, sex, gender identity, physical or mental disability, medical condition (cancer - related or genetic characteristics), ancestry, marital status, age, sexual orientation, citizenship, pregnancy, childbirth or related medical condition, status as a covered veteran, or service in the uniformed services (as defined by the Uniformed Services Employment and Re- employment Rights Act of 1994) or any other lawfully protected class. Article XXIX SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING SECTION 1. It is the intent of the parties hereto that the provisions of this MOU shall supersede all prior agreements and memorandums of agreement, letters of understanding, 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 7888859.3 OR020 -059 33 and shall be the sole source of any and all rights which may be asserted hereunder. This MOU is not intended to conflict with Federal or State law. Article XXX WAIVER OF BARGAINING DURING THE TERM OF THIS MEMORANDUM OF UNDERSTANDING SECTION 1. During the term of this MOU, 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 this MOU or in the negotiations leading thereto, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this 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 XXXI EMERGENCY WAIVER PROVISION SECTION 1. In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, wind, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this MOU or the Personnel Rules or Resolutions of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this MOU will be reinstated immediately. OMEA shall have the right to meet and confer with the City regarding the impact on employees of the suspension of the provisions in the MOU during the course of the emergency. Article XXXII MOU TERMS SEVERABLE SECTION 1. Should any provision of this MOU be found to be inoperative, void, or invalid by a court of competent jurisdiction, or by enactment of Federal or State legislation, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU. 7888859.3 OR020 -059 34 Article XXXIII TERM OF MEMORANDUM OF UNDERSTANDING, NO LAYOFF CLAUSE, AND RELATIONSHIP WITH OTHER REPRESENTED NON - SAFETY BARGAINING UNITS The term of this MOU shall commence on July 1, 2015 and shall continue in full force and effect until June 30, 2017. Article XXXIV RATIFICATION AND EXECUTION The City and OMEA acknowledge that this MOU shall not be in full force and effect until ratified by OMEA and adopted by the City Council of the City of Orange. Subject to the foregoing, this MOU is hereby executed by the authorized representatives of the City and OMEA and entered into this 13 day of September, 2016. CITY OF ORANGE ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION, -- By: By: Teresa E. Smith, Mayor Shawn Horning, OXfEA Presi Approved as to form: OaKalty, SpecialaCounseylfortthe City By: Matthew Lorenzen, O E "ceresident By: Jackie Bateman, OM A Secretary 7888859.3 OR020 -059 35 APPENDIX "A" ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION MONTHLY SALARY RANGES EFFECTIVE JUNE 29, 2014 3.0% Across the Board Salary Increase RANGE STEP STEP STEP STEP STEP STEP Classification Title A B C D E F Accountant 532 5065 5323 5595 5880 6180 6495 Administrative Assistant 480 3908 4107 4317 4537 4768 5011 Administrative Specialist 478 3869 4066 4274 4492 4721 4961 Assistant Engineer 561 5853 6152 6465 6795 7142 7506 Assistant Planner 519 4747 4989 5243 5511 5792 6087 Associate Civil Engineer 584 6564 6899 7251 7621 8010 8418 Associate Engineer 584 6564 6899 7251 7621 8010 8418 Associate Planner 554 5652 5940 6243 6562 6896 7248 Building Inspector 520 4771 5014 5270 5538 5821 6118 Business License Inspector 508 4493 4723 4963 5217 5483 5762 Buyer 516 4676 4915 5166 5429 5706 5997 Code Compliance Officer 514 4630 4866 5114 5375 5649 5937 Combination Building Inspector 530 5015 5270 5539 5822 6118 6431 Construction Inspector 1 501 4339 4561 4793 5038 5295 5565 Construction Inspector II 521 4794 5039 5296 5566 5850 6148 Engineering Technician I 490 4108 4317 4537 4769 5012 5267 Engineering Technician 1I 510 4538 4770 5013 5269 5538 5820 Environmental Compliance Specialist 514 4630 4866 5114 5375 5649 5937 Environmental Scientist 584 6564 6899 7251 7621 8010 8418 Finance Assistant 493 4170 4382 4606 4841 5087 5347 Finance Clerk 458 3502 3680 3868 4065 4273 4490 GIS Analyst 584 6564 6899 7251 7621 8010 8418 Housing Specialist 514 4630 4866 5114 5375 5649 5937 Human Resources Technician 488 4067 4274 4492 4721 4962 5215 Lead Business License Inspector **518 4723 4964 5217 5483 5763 6057 Lead Finance Clerk*518 4723 4964 5217 5483 5763 6057 Librarian 1 496 4232 4448 4675 4914 5164 5427 Librarian II 516 4676 4915 5166 5429 5706 5997 Librarian III 536 5167 5430 5707 5998 6304 6626 Library Assistant 456 3467 3644 3830 4025 4230 4446 Library Clerk 410 2756 2897 3044 3200 3363 3534 Library Page 342 1963 2064 2169 2279 2396 2518 Library Support Services Assistant 456 3467 3644 3830 4025 4230 4446 Library Technology Assistant 456 3467 3644 3830 4025 4230 4446 Library Technology Coordinator 516 4676 4915 5166 5429 5706 5997 Library Volunteer Coordinator*466 3644 3830 4025 4231 4446 4673 Office Assistant 430 3045 3201 3364 3535 3716 3905 Payroll Technician*518 4723 4964 5217 5483 5763 6057 Permit Technician 480 3908 4107 4317 4537 4768 5011 7888859.3 OR020 -059 36 STEP STEP STEP STEP STEP STEP Classification Title RANGE A B C D E F Plan Check Engineer 561 5853 6152 6465 6795 7142 7506 Planning Aide 489 4087 4296 4515 4745 4987 5241 Project Engineer 571 6152 6466 6796 7142 7507 7890 Recreation Services Coordinator*497 4254 4470 4698 4938 5190 5455 Senior Code Compliance Officer 534 5116 5376 5651 5939 6242 6560 Senior Combo. Building Inspector 550 5541 5823 6120 6432 6760 7105 Senior Finance Clerk 478 3869 4066 4274 4492 4721 4961 Senior Library Clerk 440 3201 3364 3536 3716 3906 4105 Senior Office Assistant 450 3365 3536 3717 3906 4105 4315 Senior Permit Technician 500 4318 4538 4769 5013 5268 5537 Senior Traffic Signal Technician 550 5541 5823 6120 6432 6760 7105 Stock Clerk 439 3185 3348 3518 3698 3886 4084 Traffic Management Center Tech 550 5541 5823 6120 6432 6760 7105 Traffic Signal Technician 1 490 4108 4317 4537 4769 5012 5267 Traffic Signal Technician 11 510 4538 4770 5013 5269 5538 5820 Transportation Analyst 584 6564 6899 7251 7621 8010 8418 Warehouse /Inventory Specialist 497 4254 4470 4698 4938 5190 5455 Note: the salary ranges for these positions were increased effective June 29, 2014 pursuant to City Council adoption of the City's FY 2014115 budget on June 10, 2014 as follows: Lead Finance Clerk = 8.0 %; Library Volunteer Coordinator = 5.0 %; Payroll Technician = 8.0 %; and Recreation Services Coordinator = 13.5 %. Note: the classification of Lead Business License Inspector position was established effective February 22, 2015 pursuant to City Council adoption Resolution No. 10839 at mid -year of 2014115. 7888859.3 OR020 -059 37 APPENDIX "A" ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION MONTHLY SALARY RANGES (Continued) EFFECTIVE JANUARY 24, 2016 2.5% Across the Board Salary Increase RANGE STEP STEP STEP STEP STEP STEP Classification Title A B C D E F Accountant 537 5193 5458 5736 6028 6336 6659 Administrative Assistant 485 4006 4211 4426 4651 4888 5138 Administrative Specialist 483 3967 4169 4382 4605 4840 5087 Assistant Engineer 566 6001 6307 6629 6967 7322 7695 Assistant Planner 524 4867 5115 5376 5650 5938 6241 Associate Civil Engineer 589 6730 7074 7433 7813 8212 8630 Associate Engineer 589 6730 7074 7433 7813 8212 8630 Associate Planner 559 5795 6090 6401 6728 7071 7431 Building Inspector 525 4891 5140 5403 5678 5968 6272 Business License Inspector 513 4607 4842 5089 5348 5621 5908 Buyer 521 4794 5039 5296 5566 5850 6148 Code Compliance Officer 519 4747 4989 5243 5511 5792 6087 Combination Building Inspector 535 5141 5403 5679 5969 6273 6593 Construction Inspector I 506 4449 4676 4914 5165 5428 5705 Construction Inspector II 526 4916 5166 5430 5707 5998 6303 Engineering Technician I 495 4211 4426 4652 4889 5138 5400 Engineering Technician II 515 4653 4890 5140 5402 5677 5967 Environmental Compliance Specialist 519 4747 4989 5243 5511 5792 6087 Environmental Scientist 589 6730 7074 7433 7813 8212 8630 Finance Assistant 498 4275 4493 4722 4963 5216 5482 Finance Clerk 463 3590 3773 3966 4168 4380 4604 GIS Analyst 589 6730 7074 7433 7813 8212 8630 Housing Specialist 519 4747 4989 5243 5511 5792 6087 Human Resources Technician 493 4170 4382 4606 4841 5087 5347 Lead Business License Inspector 523 4843 5089 5349 5622 5909 6210 Lead Finance Clerk 523 4843 5089 5349 5622 5909 6210 Librarian I 501 4339 4561 4793 5038 5295 5565 Librarian II 521 4794 5039 5296 5566 5850 6148 Librarian III 541 5297 5568 5851 6150 6464 6793 Library Assistant 461 3554 3736 3926 4127 4337 4558 Library Clerk 415 2826 2970 3121 3281 3448 3624 Library Page 347 2013 2116 2224 2337 2456 2581 Library Support Services Assistant 461 3554 3736 3926 4127 4337 4558 Library Technology Assistant 461 3554 3736 3926 4127 4337 4558 Library Technology Coordinator 521 4794 5039 5296 5566 5850 6148 Library Volunteer Coordinator 471 3736 3927 4127 4338 4559 4791 Office Assistant 435 3122 3281 3449 3625 3809 4004 Payroll Technician 523 4843 5089 5349 5622 5909 6210 Permit Technician 485 4006 4211 4426 4651 4888 5138 Plan Check Engineer 566 6001 6307 6629 6967 7322 7695 Planning Aide 494 4190 4404 4629 4865 5113 5374 7888859.3 OR020 -059 38 STEP STEP STEP STEP STEP STEP Classification Title RANGE A B C D E F Project Engineer 576 6308 6629 6967 7323 7696 8089 Recreation Services Coordinator 502 4361 4583 4817 5063 5321 5592 Senior Code Compliance Officer 539 5245 5512 5793 6089 6399 6726 Senior Combo. Building Inspector 555 5680 5970 6275 6595 6931 7284 Senior Finance Clerk 483 3967 4169 4382 4605 4840 5087 Senior Library Clerk 445 3282 3449 3625 3810 4004 4209 Senior Office Assistant 455 3450 3626 3811 4005 4209 4424 Senior Permit Technician 505 4427 4652 4890 5139 5401 5677 Senior Traffic Signal Technician 555 5680 5970 6275 6595 6931 7284 Stock Clerk 444 3266 3432 3607 3791 3984 4188 Traffic Management Center Tech 555 5680 5970 6275 6595 6931 7284 Traffic Signal Technician I 495 4211 4426 4652 4889 5138 5400 Traffic Signal Technician II 515 4653 4890 5140 5402 5677 5967 Transportation Analyst 589 6730 7074 7433 7813 8212 8630 Warehouse /Inventory Specialist 502 4361 4583 4817 5063 5321 5592 7888859.3 OR020 -059 39 APPENDIX "A" ORANGE MUNICIPAL EMPLOYEES' ASSOCIATION MONTHLY SALARY RANGES (Continued) EFFECTIVE JULY 24, 2016 1.5% Across the Board Salary Increase RANGE STEP STEP STEP STEP STEP STEP Classification Title A B C D E F Accountant 540 5271 5540 5822 6119 6431 6759 Administrative Assistant 488 4067 4274 4492 4721 4962 5215 Administrative Specialist 486 4026 4232 4448 4674 4913 5163 Assistant Engineer 569 6091 6402 6728 7072 7432 7811 Assistant Planner 527 4940 5192 5457 5735 6028 6335 Associate Civil Engineer 592 6831 7181 7545 7931 8336 8760 Associate Engineer 592 6831 7181 7545 7931 8336 8760 Associate Planner 562 5882 6182 6498 6829 7177 7543 Building Inspector 528 4965 5218 5484 5764 6058 6367 Business License Inspector 516 4676 4915 5166 5429 5706 5997 Buyer 524 4867 5115 5376 5650 5938 6241 Code Compliance Officer 522 4818 5064 5322 5594 5879 6179 Combination Building Inspector 538 5219 5485 5765 6059 6368 6692 Construction Inspector I 509 4516 4746 4988 5243 5510 5791 Construction Inspector II 529 4990 5244 5512 5793 6088 6399 Engineering Technician I 498 4275 4493 4722 4963 5216 5482 Engineering Technician lI 518 4723 4964 5217 5483 5763 6057 Environmental Compliance Specialist 522 4818 5064 5322 5594 5879 6179 Environmental Scientist 592 6831 7181 7545 7931 8336 8760 Finance Assistant 501 4339 4561 4793 5038 5295 5565 Finance Clerk 466 3644 3830 4025 4231 4446 4673 GIS Analyst 592 6831 7181 7545 7931 8336 8760 Housing Specialist 522 4818 5064 5322 5594 5879 6179 Human Resources Technician 496 4232 4448 4675 4914 5164 5427 Lead Business License Inspector 526 4916 5166 5430 5707 5998 6303 Lead Finance Clerk 526 4916 5166 5430 5707 5998 6303 Librarian I 504 4405 4629 4865 5114 5374 5648 Librarian II 524 4867 5115 5376 5650 5938 6241 Librarian III 544 5377 5651 5940 6243 6561 6896 Library Assistant 464 3608 3792 3985 4189 4402 4627 Library Clerk 418 2868 3015 3168 3330 3500 3678 Library Page 350 2043 2148 2257 2372 2493 2620 Library Support Services Assistant 464 3608 3792 3985 4189 4402 4627 Library Technology Assistant 464 3608 3792 3985 4189 4402 4627 Library Technology Coordinator 524 4867 5115 5376 5650 5938 6241 Library Volunteer Coordinator 474 3793 3986 4189 4403 4627 4863 Office Assistant 438 3169 3331 3501 3679 3867 4064 Payroll Technician 526 4916 5166 5430 5707 5998 6303 Permit Technician 488 4067 4274 4492 4721 4962 5215 7888859.3 OR020 -059 40 STEP STEP STEP STEP STEP STEP Classification Title RANGE A B C D E F Plan Check Engineer 569 6091 6402 6728 7072 7432 7811 Planning Aide 497 4254 4470 4698 4938 5190 5455 Project Engineer 579 6403 6729 7073 7433 7812 8211 Recreation Services Coordinator 505 4427 4652 4890 5139 5401 5677 Senior Code Compliance Officer 542 5324 5595 5881 6181 6496 6827 Senior Combo. Building Inspector 558 5766 6060 6369 6694 7035 7394 Senior Finance Clerk 486 4026 4232 4448 4674 4913 5163 Senior Library Clerk 448 3331 3501 3680 3867 4065 4272 Senior Office Assistant 458 3502 3680 3868 4065 4273 4490 Senior Permit Technician 508 4493 4723 4963 5217 5483 5762 Senior Traffic Signal Technician 558 5766 6060 6369 6694 7035 7394 Stock Clerk 447 3315 3484 3661 3848 4044 4251 Traffic Management Center Tech 558 5766 6060 6369 6694 7035 7394 Traffic Signal Technician 1 498 4275 4493 4722 4963 5216 5482 Traffic Signal Technician 11 518 4723 4964 5217 5483 5763 6057 Transportation Analyst 592 6831 7181 7545 7931 8336 8760 Warehouse /Inventory Specialist 505 4427 4652 4890 5139 5401 5677 7888859.3 OR020 -059 41