RES-9634 MOU Orange Management AssociationRESOLUTION NO. 9634
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING THE
MEMORANDUM OF UNDERST ANI>ING BETWEEN
THE CITY OF ORANGE AND THE ORANGE
MANAGEMENT ASSOCIATION CONCERNING
WAGES, HOURS AND OTHER CONDITIONS OF
EMPLOYMENT EFFECTIVE JULY 1, 2002
THROUGH AND INCLUDING JUJ\CE 30, 2005 AND
REPEALING RESOLUTION NO. 9135 AND
AMENDMENTS THERETO FOR SAID
EMPLOYEES.
WHEREAS, the City of Orange, hereinafter referred to as City, and the Orange
Manager-lent Association, hereinafter referred to as Association, have met and conferred
in accordance with the requirements of the Meyers-Milias-
Brown Act; and WHEREIN, City and Association have reached agreement on wages,
salaries, and other working conditions effective July 1, 2002, through and including June 30,
2005, and repealed Resolution No. 9135 and amendments thereto for said employees, as set
forth in the
Memorandum of Understanding;NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Orange that the agreement between the City and the Association is approved and that
a Memorandum of Understanding (MOU) will be finalized and incorporated by reference as
Exhibit A, and furthermore that staff is authorized to adjust the departmental salary and benefit
accounts in the FY 2002/03 budget to reflect the cost of
the contract provisions.ADOPTED this 13th day
of
August,
2002.e-1Jlt ATTEST:
p1A~ C~ ~4f ./A-d Cassandra .J. Cathc , CIty Clerk
I hereby certify that the foregoing Resolution was duly and regularly adopted by the City
Council of the City of Orange at a regular meeting thereof held on the 13th day of August, 2002
by the following vote:
AYES: COUNCILMEMBERS: Slater, Murphy, Coontz, Cavecche
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Alvarez
ABSTAIN: COUNCILMEMBERS: None
Af.A.A -V'dt;/
C..,;
r::k ---r' ~-L.-_Cassandra
J. Cathcart, . Clerk of the City of Orange
Exhibit "A"
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY of ORANGE AND THE
ORANGE MANAGEMENT ASSOCIATION
JULY 1, 2002 THROUGH JUNE 30, 2005
Article No.
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
OMA
TABLE OF CONTENTS
Article Title Pal!e No.
Recognition 1
Non-Discrimination
1 Salaries
1 Basic Compensation Plan, Salary Schedule, HoW'ly
Rate Part-Time Employees, Begilming
Rates, Service,Advancement within Salary Schedule, Reduction
in Salary Steps, Bilingual Assignment, Incentive
Pay Plan Work
Week 4
Probation 4
Promotion 4
Demotion 5 Reassignment of Compensation
Ranges 5 Working Out of
Class 6 OvertimelCallback
Compensation 6
Holidays 7
Vacation 9 Part-Time and
Temporary Employee 10 Eligibility
for Fringe Benet1ts Leaves
of Absence 11 Leave of Absence Without
Pay, Personal Necessity Leave, Jury Duty and Services as
Witness for City,Military Leave, Sick Leave, Family
Leave, Bereavement Leave,Industrial Leave, Family Care
and Medical
Leave.Administrative Leave Fringe
Benefit Administration 16
Health Benefits 16 Health Insurance, Life
XVII Educational Assistance Program 17
Program Requirements, Payments,
Professional Development
XVIII Retirement 18
XIX Miscellaneous Provisions 19
Rideshare Incentive, Uniforms, Work Shoe Allowance,
Eyeglass Replacement, Tools
XX Travel Expense Allowed 20
XXI Safety and Health 21
XXII City Rights 21
XXIII Employee Organizational Rights and 22
Responsibilities
XXIV Grievance and Disciplinary Appeals Procedure 23
XXV No Strike-No Lockout
25 XXVI OMA Representatives
26 XXVII Layoff Procedure
26 XXVIII Sole and Entire Memorandum of Understanding
29 XXIX Waiver of Bargaining During the Term of this MOU
29 XXX Emergency Waiver Provision
30 XXXI Separability
30 XXXII Term of Memorandum of Understanding
30 XXXIII Ratification and Execution
31 Appendix A Monthly Salary Ranges
33
Article I
RECOGNITION
SECTION 1. Pursuant to the provisions of the Employer-Employee Relations Resolution
No.3611 of the City of Orange, the City of Orange (hereinalter called 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), has recognized the
Orange Management Association hereinafter called the Association) as the majority representative of the
classifications as set forth
in Appendix
A.
Article II NON-DISCRIMINATION SECTION 1. The parties mutually recognize and agree to protect the
rights of all employees hereby to join and/or participate in protected Association activities or to
refrain from joining or participating in protected activities in accordance
with the Employer-Employee Relations Resolution and Government
Code Sections 3500 et. seq.SECTION 2. The City and the Association agree that they
shall not discriminate against any employee because of race, color, sex, age, national origin,
political or religious opinions or affiliations, mental and/or physical disability, marital status,
veteran status, sexual orientation, or any other lawfully protected class. The City and the Association
shall reopen any provision of this MOU for the purpose of complying with any order of a federal or
state agency or court of competent jurisdiction requiring a moditication or change in any
provision or provisions of this MOU in compliance with
state or federal anti-discrimination laws.SECTION 3. Whenever the masculine gender is used in this
MOD, 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 Association 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.SECTION 2. SALARY SCHEDULE. Salm1es effective the
payroll periods of June 30, 2002,December 29, 2002, June 29, 2003, and June 27, 2004 for
employees covered by this MOU are listed in Appendix A. 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 listed salary and wage schedules constitute the basic monthly compensation plan
based
SECTION 3. HOURLY RATE PART-TIME
EMPLOYEES.A. For all employees who have a regular we:ekly 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
Yz 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 months'servIce.SECTION 4. BEGINNING RATES. A new employee of the
City shall bepaid the rate shown in the Stf:p A in the range allocated to the class of
employment for which he has been hired,except that on the request of the department head under
whom the employee will serve, and with the authorization of the Personnel Director, such employee may be placed
in Step B, C, D, E, or
F depending upon the employee's qualifications.SECTION S. 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 long'~r than 30 days by reason of resignation or for
any length oftime due to discharge shall serve to e:1iminate the accumulated length of service
time of such employee for the purpose of this MOll. 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 ofthc 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 from Step A to Step B, from Step B to Step
C, from Step C to Step D, from Step D to Step E, or Step E
to Step F based only on continuous, meritorious, and efficient service,
and continued improvement by the .~mployee in the effective performance of the duties of his
position. A merit increase shall become effective on the first day on the pay
period following completion of the length of service required
for such advancement. Such merit advancement shall require the following:1)
The department head in the department, which the employee is employed,
shall file with the Pl)rsonnel Director a Personnel
Action Form and a completed Performance Evaluation form recommending the
granting
recommendation with specific reasons therefor. A disapproval from the
Personnel Director, together with the reasons therefor, shall be returned
to the department head.
2) The recommendation of the department head and the approval of the
Personnel Director shall be forwarded to the Payroll Division of Finance
for change of payroll status.
3) Advancements through the pay ranges Step A through Step F shall occur
in yearly increments.
B. SPECIAL MERIT ADVANCEMENTS. In such cases as may occur wherein an
employee shall demonstrate exceptional ability and proficiency in the performance
of his duties, the department head may recommend to the Personnel Director that
said employee be advanced to a higher pay step without regard to the minimum
length of service provisions contained in this MOU. The Personnel Director may,
on the basis of a department head's recommendation, approve and effect such
advancement.
C. LENGTH OF SERVICE REOUlRED 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 Section 6(A).
SECTION 7. REDUCTION IN SALARY STEPS. Any employee who is being paid on a
salary step higher than Step A may, for disciplinary reasons, be reduced by one or more steps
upon the recommendation of the head of the department in which he is employed with the
approval of the Personnel Director. Procedure for such reduction shall follow the same
procedure as outlined for merit advancements in Section 6 and such contained in Subsection C of
Section 6,
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:
A. The department head shall deternline the number of Bilingual Assignment positions
which are necessary based upon a demonstrable need and frequency of use;
B. All Bilingual Assignments must be approved by the Personnel Director or his
designee;
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 Personnel
Department;D. No permanency or seniority may be obtained in a bilingual assignment and
such assignment may be revoked at any time by the Personnel Director or his
designee;
E. No employee shall be required to perform a Bilingual Assignment on a regular
basis or employ bilingual skills on a regular basis that is not receiving bilingual pay
pursuant to this section.
F. Employees assigned as set forth above shall receive $140.00 per month during the
period of the bilingual assignment.
SECTION 9. INCENTIVE PAY PLAN. The City Manager may, for the employees covered
by this MOD, put into effect an incentive pay plan; the telms and conditions of which shall be in
the full discretion of the City.
Article IV
WORKWEEK
SECTION 1. The regular workweek for all employees shall be 40 hours per week.
Article V
PROBATION
SECTION 1. An employee initially appointed or promoted to a class shall serve a probationary
period of 26 pay periods during which he shall have an opportunity to demonstrate suitability for
the job. With approval of the Personnel Director, the department head may, for just cause,
extend the probationary period. The employee shall attain regular status in the class upon
successful completion of the probationary period. An employee who does not satisfy the
standards of the class during the probationary period shall be notified in writing and termination
or demotion proceedings shall be initiated. A newly hired probationary employee shall not be
entitled to appeal a termination or demotion action.
SECTION 2. 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 Ain the appropriate range for the higher
classification; provided, however, that if such employee is already being paid at a rate equal to or
higher than Step "A", he shall be placed in the step in that appropriate salary range as will grant
him an increase of at least one, but no more than three salary steps.
4
SECTION 2. ELIGIBILITY LIST. When eligibles remain in higher bands of a current
Eligibility List, and a department head selects an eligible in a lower band, upon request from an
unsuccessful candidate for promotion, the eligibles in higher bands will be notified of reasons for
their non..selection.
Article VII
m;MOTION
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.
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 be retained in the same salary step in the new range as he has previously held in
the prior range, and shall retain credit for length of service in such step toward advancement to
the next higher step; provided however:
A. That if such retention shall result in the advancement of more than one step, the Personnel
Director, may at his discretion, at the time ofreassignment, place the employee in a step,
which will result in an increase of only one step.
B. That if the reassignment shall be to a lower compensation range, the F step of which shall
be lower than the existing rate of pay at the time of reassignment, the employee shall
continue to be paid at the existing rate of pay until such time as the position shall be
reassigned to a compensation schedulc which will allow for further salary advancement,
or until such time: as thc cmploycc is promoted to a position assigncd to a higher
compensation rangc.
C. That if the reassignment is to a lowcr compcnsation rangc, thc F stcp of which is higher
than the cxisting rate of pay, the employec shall be placed in that stcp of thc lowcr
compcnsation range which is cquivalcnt to the existing rate of pay, and shall rctain crcdit
for lcngth of scrvicc prcviously acquired in such step toward advanccmcnt to thc next
highcr stcp.
D. Thc City Managcr shall bc pClmittcd to reduce or increasc thc salary range of any
classification, with City Council approval, whcther or not a position is vacant. Nothing
containcd hcrcin shall bc construcd as a waiver or elimination ofthc City's obligation to
5
meet and confer over salary changes pursuant to the Meyers-Milias-Brown Act,
or to meet the requirements of this MOD under Articles XXVIII
and XXIX.
Article IX WORKING OUT
OF CLASS SECTION 1. The City may work employees out of classification for up to
120 consecutive working hours without
additional compensation.SECTION 2. Working out ofclass assi!,'11I11ents shall only be made for positions vacated
due to illness or an approved leave of absence. To qualify for working out of class pay,
the employee must be performing all the significant duties of the higher-level class. 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 inthe higher c:Iassification on
the 121st consecutive hour out of class, and for each consecutive hour thereafter an employee works out
of class. The department head or his designee shall assign the employee to work out of
classification but shall notify the Personnel Director prior
to the assignment.SECTION 3. During the 120 consecutive working hour eligibility period before
an employee is entitled to receive acting time pay, absence for any reasons (sick
leave, compensatory time,vacation), except absence due to a regular scheduled holiday or a regularly
scheduled day off,shall break consecutiveness and cause an employee to be ineligible to
receive acting
pay.Article X
OVERTIME/CALLBACK COMPENSATION SECTION 1. OVERTIME COMPENSATION. Employees required to
perform work beyond their nomlal shift, shall be paid at straight time on an hour for hour basis or may
work a flexible schedule adjusting their hours of work on an hour for hour basis within the pay
period if by mutual agreement to use a flexible schedule between the employee and his/
her supervisor, with the specific limitations to the
situations indicated below:A. Special events or work performed outside of normal work schedules (i.e.,
before 7:30 a.m. and after 6:00 p.m., Saturdays, Sundays, and holidays) for which
the
City is reimbursed.B. Special projects requiring significant shift extension work by unit
employees may be compensated upon request of the division manager and approval of
the department head.This would include special studies and attendance at commission
or City couneil mt:etings, which requires the employee to work after
his normal shift.C. The use of flexible schedules as provided for in this section shall
be employed when possible to offset the additional hours the employee is required to
work under the
situations
D. Effective July 1,2002 employees who are assigned to work the City of Orange Street Fair
Labor Day Weekend) will receive premium overtime (time and one-half) for
hours worked at this event for which the City is
reimbursed.SECTION 2. CALLBACK COMPENSATION. Employees shall be compensated in cash
at the straight time rate for the actual hours of work with a minimum of three (3) hours'
callback compensation, regardless of whether the employee works less than three (3) hours, under
the following
circumstances:A. When employees are required to report back to work after completing a normal work
shift and have left the City premises and/or work
location.B. For the purpose of conducting routine but required weekly street light and traffic
signal luminary malfunction inventory and repair
work.C. For performing all shift extensions required by emergency
situations.D. For conducting projects and completing tasks which require work on days not part of
an employee's regular
schedule.This provision shall be applicable to employees although the employees' regular workweek is
not completed, but shall not apply to employees who ar'~ continuing on duty. All
callback assignments are subject to approval of the department
head.Article
XI
HOLIDAYS SECTION 1. HOLIDAY DESIGNATION. Employees shall receive the following paid
nine-hour holidays, except letters I and K
below:A. January I (New Year's
Day)B. The third Monday in February (President's
Day)C. Last Monday in May (Memorial
Day)D. July 4 (Independence
Day)E. First Monday in September (Labor
Day)F. November II (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 falls on a
Monday through Thursday (Christmas Eve; 4.
5 hours)J. December 25 (
Christmas Day)K. A total of 18 hours of floating
holiday
SECTION 2. FLOATING HOLIDAY. The IS-hour floating holiday provision will aecrue
at the beginning of the pay period, which includes January I of each year, and is required to
be utilized by December 31 of the year for which it was provided. Employees hired after January
I of each year shall receive a prorated portion of the IS hours. Floating holiday hours shall
be taken at the convenienee of the City with approval of the department
head.Employe(:s who terminate employment with the City shall receive any remaining portion of
their floating holiday in eash
reimbursement.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 falls 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. When any of the above holidays
falls on an employee's regularly scheduled day off during the week, except one-
half day before Christmas,employees will be credited with 9 hours of holiday
compensatory time. Accumulated holiday compensatory time must be used by the employee by the end of the ealendar year
in
which it was aecumulated.SECTION 4. ELIGIBILITY 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 a lawful absence, excluding personal necessity leave, 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 belore and after the holiday, the
employee shall not be entitled to holiday pay. Probationary employees are provided with and are
eligible to use floating holiday and fixed holiday hours, according to the guidelines established in
this Article and/or with approval
of the Personnel 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 aecumulated vacation.SECTION 6. LIBRARY OPERATIONS. If Christmas Day or New Years
Day falls on a Sunday, the Library shall be open Monday through Friday inclusive during
the preeeding
week
Article XII
VACATION
SECTION 1. VACATION ACCRUAL. All full time regular employees who shall have one-
year serviee shall thereafter accrue paid vacation in accordance with the following:
Aft,er Y ear( s)
of Service
I
2
3
4
5
6
7
S
9
10
11
12
13
14
15
Vacation Hours
Per Year
92
102
112
122
132
136
140
144
14S
152
156
160
164
16S
172
After Year(s)
9fService
16
17
IS
19
20
21
22
23
24
25
26
27
2S
29
30
Vacation Hours
Per Year
176
180
184
18S
192
196
200
204
20S
212
216
220
224
22S
232
SECTION 2. VACATION USAGE AND ACCUMULATION. Vacation shall be taken at the
eonveniellce of the City with the approval of the department head or his design(:e. Where
possible, such vacation should be taken annually and not accumulated from year to year.
Vacation days not in excess of the equivalent number of hours earned in the immediately
preceding 24 month period may be aecumulated with the permission of the department head and
the Personnel Director. Employees shall not aceumulate vacation in excess of the equivalent
number of hours earned in the immediately preceding 24 month period. All vacation hours in
excess of the equivalent number of hours earned in the immediately preceding 24 month period
not taken by the employee shall be forfeited. Probationary employees aecrue vacation but may
not use vacation until suceessful completion of an initial probationary period, except in the event
of a City Hall holiday closure, with the approval of the Personnel Director.
SECTION 3. VACATION CONVERSION. An employee may convert up to 50% of his
current arlllual vacation aecrual into pay in lieu of time off with pay. An employee requesting
sueh a conversion must meet the eligibility requirements as set forth in Section 1 and may so
convert once in a calendar year.
SECTION 4. VACATION PAYOUT UPON TERMINATION. Employees who terminate
their employment with the City shall be paid for all aecrued vacation, if any, and the prorated
portion of their final accrual. Prorated vaeation shall be on the basis of IIl2th of the employee's
annual vacation pay for each full month of serviee.
9
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 year 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. Temporarv part-time employees shall be those employees scheduled
in the City's budget to work less than 20 hours per week on a year-
round basis (
52 weeks minus approved leave).C. Seasonal emplovees shall be those employees who are
scheduled in the City's budget to work on less than a year-
round basis regardless of hours
worked.SECTION 2. REGULAR PART-TIME EMPLOYEES~A. Regular part-time employees shall reeeive
fringe benefits in proportion to the number of hours an employee is scheduled in the City'
s budget to work to the normal40-hour week on an annual basis. The
annual sehedule for all part-time employees shall be the schedule, which is included in
the City's approved budget, or a schedule, which is designated by Management
at
the eommencement of the employee's employment with the City.B. This formula of
pro-ration shall apply to holiday pay, vacation,
sick leave, medieal insurance contribution, life insuranee contribution, and retirement contribution.C. R(:gular,
part-time employees may receive step increases provided they work the aetual number of hours a full-
time employee would have had to work in order
to be entitled to progress to the next step
of the salary range.SECTION 3. TEMPORARY AND SEASONAL EMPLOYEES. Temporary and seasonal employees shall be entitled
to receive no fringe benefits provided for in this MOD or in any resolution of the City,
except those stated in Article
XVIII,
Article XIV
LEA YES 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 vaeation, compensatory time, and other
leave benefits have been eompletely 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 applieation from the
employee requesting leave.
B. If the department head and the Personnel Direetor agree that such leave is merited
and in the interest of the City, leave may bt: granted for a period not to exeeed six
6) months following the date of expiration of all other allowable leave benefits.
C. No employment or fringe benefits sueh as sick leave, vacation, health insurance,
retirement, or any other benefits shall acerue to any employee on leave of absence
without pay except as denoted under the FCML seetion below. During sueh leave
in excess of five working days, no seniority shall be aecumulated.
D. Subjeet to and eonsistent 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 bv the emplovee 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 sueh leave, if the employee desires additional leave, written
application must be made through the department head to the Personnel 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 up to but not to exceed an additional six months.
F. If the employee does not return to work prior to or at the end of sueh leave of
absenee 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 Personnel Director and department
head may be subject to temlination.
11
I. Any employee who falsifies the reason for the request for said leave of absenee 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, ehildbirth, and other
medically related conditions, exeept that sueh an employee shall retain her seniority
rights.
K. Forms setting forth the benefits available or such other pertinent information shall
be maintained for distribution in the Personnel Services Department.
SECTION 2. PERSONAL NECESSITY LEAVE. Employees herein may be allowed up to
one working day per month without pay for personal business with approval of the department
head. Employees shall acerue no employment benefits for any personal necessity leave in excess
of one day per month. Such personal necessity leave shall be without pay and shall not be
accumulated from month-to-month
or year-to-year.SECTION 3. JURY DUTY AND SERVICES
AS WITNESS FOR CITY.A. Jurv Dutv. When required to serve on a jury, all employees
shall receive their regular pay for up to 30 ealendar days per calendar year while serving on
jury duty, provided all jury fees paid to the individual employee, less allowed
automobile expenses, are turned
over to the City.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. An employee shall be required to pay any
witness fees that acerue to the employee for his witness service to the: City as a
eondition of receiving his normal pay while serving as a
witness for the City.SECTION 4. MILITARY LEAVE OF ABSENCE. If an employee
is required to take military training two weeks or more eaeh year, he shall be entitled to
military leave of absenee under the provisions of State law, found in applicable sections of
the
Military and Veterans'Code.SECTION 5. SICK LEAVE. Siek leave with pay shall be
allowed, eredited, and aeeumulated in
accordance with the following:A. For employees working a regular 40-hour week, eight (S) hours
of siek leave will accrue for each month of serviee. Probationary employees may
use aecrued sick
leave during their probation period.B. Sick leave will be charged at the rate of one-half hour
for each
one-half hour an employee is absent.C. Any employee eligible for sick leave with pay
may
use
1) Medical and dental offiee appointments during work hours when authorized by the
department head or his designee; and/or
2) Personal illness or physieal incapacity resulting from causes beyond the employee's
eontrol, including pregnancy, childbirth and other medieally related conditions.
D. Sick Leave Application. Sick leave may be applied only to absence eaused 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, exeept as provided in Seetion 6 or S. Employees may,
upon prior notiee, be required to furnish a eertificate issued by a licensed physician or
nurse or other satisfactory written evidence of any .subsequent illness.
E.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 y, hour, while additional
actual absence of over Y:z hour shall be charged to the nearest full 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.
F. Maximum Accumulation of Sick Leav",,- Notwithstanding any other provision herein, an employee
who is initially hired after July I, 19S0 shall be allowed to accumulate and be eredited
with sick leave with pay only up to a maximum of 750 hours. Sick leave hours in
exeess of such maximum shall be forfeited.G.
Retirement from citv Service and Entering the Public Emplovees Retirement Svstem.Upon
retiring from City service and entering the Public Employees' Retirement System,art
employee shall reeeive no pay for the first 60 days of accrued sick leave (0-4S0 hours),
but shall reeeive 25% pay for the first 30 days of accrued sick leave after the first 60 days
of aecrued siek leave (4S1-720 hours), and 50% of all accrued sick leave thereafter (
721 hours and
up).H. Death of an Employee. Upon the death of an employee while employed by the
City,100% of all accrued siek leave benefits shall be paid to the benefieiary of the
deeeased employee. Payment will be made when proper authorization for payment is
received from the estate of the decedent
employee.I. Sick Leave
Conversion.1) Employees with sick leave usage of 0.0 to 27.0 hours per calendar
year will have the option to convert up to 30 hours of their unused
siek leave to vacation in the first pay period of the following
year.2) Employees with sick leave usage of 27.5 to 36.0 hours per
calendar year may convert up to 20 hours of unused sick leave to vaeation
the following
year.3) Employees must have a minimum balance of ISO hours of sick
leave available after
conversion.
SECTION 6. FAMILY LEAVE. An employee is allowed up to 4S hours of family leave per
ealendar year for family related illness or injury, which shall be charged against the employee's
aecumulal:ed sick leave.
SECTION 7. BEREAVEMENT LEAVE. The death or critical illness where death appears to
be immin'~nt of the employee's immediate family. "ln1mediate family" as used in this subsection,
is limited to any relation by blood, marriage, or adoption, who is a member of the employee's
household! (living at the same address) and any parent, legal guardian, parent-in-
law, brother-in-law, sister-in-law, grandparent, grandchild, aunt, uncle, spouse, ehild,
brother, or sister of the employee regardless of reside nee. Up to 3 days of paid bereavement
leave will be provided, per incident, and shall not be charged to the employee's sick
leave account. 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 eause for denial of bereavement leave with pay
for the period of absence.SECTION 8. INDUSTRIAL LEAVE. A regular employee
who is temporarily or permanently disabled as a result of injury or illness determined to
be eompensable under the Workers'Compensation Act shall be granted industrial leave on
the following terms and conditions:A. An employee granted industrial leave shall eontinue to be
compensated at his regular rate of pay in
lieu of temporary disability payments.1) Any temporary disability payments made to
an employee by the Workers'Compensation Administrator fund shall be
remitted to the Finance Department.B. Should it be determined that an employee's illness or injury did not
arise in the eourse of the: employee's employment with the City and that the
employee is not temporarily or permanently incapaeitated or disabled, as a result of the
injury or illness, then the employee's aecrued, or if insufficient, future sick leave shall
be charged to reimburse the City for any payments made to the employee
pursuant to A (I) above.C. An industrial leave of up to one (I) year shall be authorized
for eaeh injury or illness determined to be compensable under
the Worker's Compensation Act.D. No employee shall have accrued siek leave deducted
while on industrial leave. Vacation and siek leave shall acerue for
an employee on industrial leave.E. Industrial leave shall expire when any
of the following eonditions oeeur:1) Employee is able to return to
work to his regular position.2) The employee is able to return to work to
another
position designated by the City.3) The day before the employee is retired
or separated for disability. The employee's retirement date shall be
determined by
the
4) After 52 weeks of industrial leave.
F. Personal Phvsieian Notification. Employees who have not previously submitted
notification of Election of Personal Physieian are required to use only physieiaIlS and
ffii~dical facilities approved are required to use only physicians and medical facilities
approved by the City during the first 30 days after an occupational injury or illness is
reported. After the first 30-day period, an employee may ehange to a physician
specified by him or her provided that the physieian has the expertise to treat the injury or
illness and agrees to provide timely reports to the City. However, if an employee has
notified th~ City in writing, prior to the date of injury that he or she has a personal physician,
the employee shall have the right to be treated by such physician from the date of
injury providing
that:1) The physieian has previously directed the medical treatment of the
employee.2) The physieian retains the medical records and history of the
employee.An employee may request one change of physician during the first 30 days after the
injury or illness is
reported.G. The City will continue to provide fringe benefits for employees who qualify for
industrial leave pursuant to this provision. Any fringe benefits not paid by the City pending
the determination of whether an injury/illness is job-related shall be paid retroaetively
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 9. FAMILY CARE AND MEDICAL LEAVE (FCML).
State and Federal laws require the City to provide family and medical eare 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 specifieally set fi)rth below are set forth
in the City's Administrative Manual, Personnel Section, #2.61. Any provisions not
set forth in the Administrative Manual are: set forth in the Department of
Labor regulations implementing the Federal Family and Medical Leave Act of 1993 (FMLA) and the
regulations of the California Fair Employment and Housing Commission implementing the
California Family Rights Act cFRA) (Goverrunent 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 subjeet to review and final approval
of the Personnel 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 '~ntitlement to
leave for the birth or placement of a child for adoption or foster eare expires 12
months
after the birth or plaeement.B. The 12-month period for ealeulating leave entitlement
will be a "rolling period" measured baekward from the date leave is taken and eontinues
with eaeh additional leave day taken.Thus, whenever an employee requests leave, the City will
look
month period to determine how much leave has been used in determining how mueh
leave an employee is entitled to.
C. Use of Other Acerued Leaves While on Leave. If an employee requests leave for any
reason permitted under the law, he must exhaust all aecrued leaves (exeept sick leave) in
eonneetion with the leave. This includes vacation, holiday, and other compensatory
accruals. If an employee requests leave for his own serious health eondition, in addition
to exhausting aecrued leave, the employee must also exhaust siek leave. The exhaustion
of acerued leave will run concurrently with the Family Care and Medical Leave.
D. RI:Quired Forms. Employees must fill out required forms, available in the Personnel
Se:rviees Department, including: Request for Family or Medieal Leave; Medical
Ct:rtification; Authorization for Payroll Deductions for benefit plan coverages (if
applicable); and Fitness-for-Duty to return
from leave.SECTION 10. ADMINISTRATIVE LEAVE. Employees will receive 40
hours of administrative leave at the beginning of each pay period, whieh includes January
I
st. Employees hired after January I shall reeeive a prorated portion of the:
40 hours.
Article XV FRINGE
BENEFIT ADMINISTRATION SECTION 1. ADMINISTRATION. The City reserves the right to select the insurance
earrier or administer any fringe benefit programs that now exist or may exist in the future during the term
of the Memorandum
of Understanding.SECTION 2. SELECTION AND FUNDING. In the administration of the fringe
benefit programs,the City shall have the right to select any insuranee carrie:r or other method of providing
eoverage to fund the benefits included under the terms of this Memorandum of Understanding, provided
that the benefits of the employees shall be no less than those in existence as of implementation
of
this Agreement.SECTION 3. CHANGES. If, during the term of this Memorandum of Understanding,
any change of insurance carrier or method of funding for any benefit provided hereunder occurs, the
City shall notify OMA prior to any change of insurance carrier or method of funding
the coverage.
Article XVI
HEALTH BENEFITS SECTION 1. HEALTH INSURANCE. The City shall contract with PERS (Pub
lie Employees'Retirement System) to make available those health insuranee benefits provided under
the Public Employees' Medieal and Hospital Care Act (PEMHcA). The PERS Health Benefits
Plan shall replaee any other health benefits progranl maintained by the City for eligible
employees, eligible retirees, and their eligible
surviving
A. Premium Contribution. Exeept as provided in Section I(B) Flexible Benefits Plan, the
City shall contribute toward the payment of premiums under the PERS Health Benefits
Plan on behalf of eaeh eligible active employee, and to the extend required by law, eaeh
eliigible retiree annuitant ofPERS, an equal contribution of$16.00 per month.
B. Flexible Benefits Plan. The City shall contribute $520.00 per month for aetive full time
elllgible employees towards the Flexible Benefits Plan to provide funds for optional dental
plans, vision plans, health plans, or miscellaneous pay. The flexible benefit amount shall
increase as follows: effective January I, 2003 to $664.00; effective January 1, 2004 to
714.00; and effeetive January 1, 2005 to $754.00.
C. The City's payment toward the Flexible Benefit Plan does not inelude the $16.00 payment
in Section I(A).
D. Any amounts in excess of the amounts designed in Section I(A) and I(B) neeessary to
maintain benefits under any benefits plans selected by the employee shall be borne by the
employee.
E. An employee eannot 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
th~ spouse) is enrolled without being eovered as a family member.
F. An employee may choose to not be enrolled in tht: Health Benefits Plan. If an employee
chooses not to be enrolled in a health plan, the employee must provide proof, as
de:termined by the Personnel Director, that comparable medical insurance is in full force
and effect. Based upon determination that insurance is in full force and effeet, eligible
employees shall receive the contribution described in Seetion I (B) towards the Flexible
Benefits Plan. In the event that the employee lose:s eligibility (with doeumentation) 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 23,000 life insurance policy for each benefited
employee SECTION 3. DISABILITY INSURANCE. The City shall provide a long-term
disability plan which pays 60% of salary after a 60 day elimination period, to a maximum of $4,000
per month.
Alrticle )(\711 EDUCATIONAL
ASSISTANCE PROGRAM SECTION 1. PROGRAM REQUIREMENTS. The City will reimburse employees
for the cost of tuition, textbooks, parking fees, and health fees required for approved
community college and college courses, as well as job-required licensing, testing, renewal, and
registration fees. An approved course is one designated to directly improve the knowledge of the
employee relative to his specific job, and must be approved by the department head and the
Personnel
to registration. Full reimbursement up to the amount specified below will be provided based
upon eompletion of the approved eourse(s) with a final grade of C or better.
SECTION 2. PAYMENTS. Edueational assistance payments to an employee shall not exeeed
1,250.00 in anyone fiseal year. The employee must still be employed by the City when the
course is I;ompleted for reimbursement.
SECTION 3. PROFESSIONAL DEVELOPMENT. The City agrees to allow reimbursement
to employees of up to $500 of the $1,250 allotted per fiscal year for aetivities, which aid in their
professional development. Reimbursable activities include the following:
1. Attendanee at job-related professional eonferenees and
seminars;2. Payment of membership dues in community and professional
organizations;3. Purchase of job-related professional journals, books, and other
written materials,whieh further their knowledge and improve their effectiveness in
their duties.Partieipation and/or purchase must be approved in adv,mee by the department head
and the
Personnel Director.The abov'e modifieations 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 whieh they are directed to partieipate. Approv,~d activities are those which
may be expeeted to further their knowledge of their jobs and the Orange community
and which contribute to their
improved effeetiveness.Individuall departments may continue to budget funds for staff attendance
at professional eonferenees and seminars, for payment of professional membership dues, and for the
purchase of books, journals, and related written materials, which enhanee the
staffs knowledge.
lrticle )(
VIII RETIREMENT SECTION 1. All benefited employees shall participate in the Public
Employees' Retirement System. The City shall maintain its eontribution of 7% of the employee's share to
the Public Employees' Retirement System. Employees will be provided an annual report
showing the amount of eontribution so made. Effective June 29, 2003, the City agrees to pay S%
of the employee's base salary
to PERS.SECTION 2. The City provides the full cost toward the PERS 2% @ age
55 Retirement Program. Effeetive June 29, 2003, the City shall provide the PERS 2.7% @ age
55 Retirement Program. The City shall pay up to 4.0% of the City's PERS Employer Rate for the 2.7%
@ 55 benefit. Any future Employer rate over 4% to be split equally with
the
SECTION 3. The City will provide the 1959 PERS Survivor Benefit at the Third Level Option.
SECTION 4. Part-time employees not covered under the Public Employees' Retirement
System shall participate in a definen contribution retirement plan in lieu of Social Security
contributions.The City shall contribute 3.75% of the employee's eligible earnings towards the retirement
plan.Part-time employees shall contribute 3.75% of their eligible earnings toward the
retirement plan.SECTION 5. Effeetive June 29,2003, pursuant to Government Code Section 20636(e),
the City agrees to pay and report the value of employer paid member eontributions (EPMc)
to calPERS as additional eompensation for all employees eovered by this Memorandum
of Understanding.This bem,fit shall eonsist of paying S% of the normal contributions as EPMc for
employees, and reporting this S% as eompensation earnable (excluding Government Code Seetion 20636 (
c)(4)as
additional compensation).
Article XIX
MISCELLANEOUS PROVISIONS SECTION 1. RIDES HARE INCENTIVE PROGRAM. An employee may receive $
30 per month and eight (S) hours compensatory time every six (6) months for carpooling,
using public transportation, biking, walking, carpooling or other approved modes of transportation
to and from the work-site. To qualify for these incentives, an employee must use one
of the above forms of transportation 70% of
his commuting time.
SECTION 2. UNIFORMS.A. The City will purehase uniforms for certain designated
classifications within the Association. Uniform allowance for the following classifieations,
in the amounts specified per calendar year, shall be reported to the
Public Employees' Retirement System: Equipment Maintenance Supervisor ($S2.00);
and Field Maintenance Supervisor ($
135.00) annually.B. All uniforms and/or safety equipment purchased by the City shall
remain the property
of the City.SECTION 3. WORKSHOE ALLOWANCE. Employees classified as
noted below shall receive the work shoe allowance of $240 per liscal year. Effective July I,
2003 classifications as noted below will receive an inerease in this allowance to $300 per
fiscal year. Classifications include: Building Inspeetor Supervisor, Community
Services Supervisor, Equipment Maintenance Supervisor, Facilities Services Supervisor,
Field Maintenance Supervisor,Landscape/Assessment District Coordinator, Project
Development Coordinator, Senior Construction Inspector, Senior Civil Engineer, Senior Plan Cheek
Engineer, Senior Water Quality Inspector, Tree Services Coordinator, and Water Quality Inspector shall
receive a
work
SECTION 4. EYEGLASS REPLACEMENT. The City will pay for replacement of
employee's eyeglass that are lost or damaged in the course of his work. Damaged eyeglasses will
be turned into the City in order for the employee to be entitled to reimbursement. The City will
not reimburse an employee for more than one pair of lost or damaged eyeglasses per fiscal year.
SECTION 5. TOOLS. Employees classified as Equipment Maintenance Supervisor shall
provide such tools as are ordinarily used in the trade, which shall be the personal tools of the
Equipment Maintenance Supervisor. The City will establish with a vendor an account for said
employees who have at least one year of service in such classifieation. Sueh employees shall be
allowed up to a maximum of $750.00 per fiseal year with such vendor in order to replace and
maintain the tools necessary for the performance of his job duties. The City shall bear no
liability or responsibility for sueh tools exeept as provided in this Section.
Article XX
TRAVEL EXPENSE ALLOWED
SECTION 1. MILEAGE REIMBURSEMENT. Expense claims for the use of private
automobiles must be submitted through the department head to Accounts Payable for
reimbursement. Such use, where mileage is reimbursed, will be reimbursed at the rate per mile
allowed under the eurrent IRS regulations.
SECTION 2. OUT OF CITY TRAVEL. If the estimated expense of eontemplated travel out
of the City is too great to expeet the employee to finance the trip and be reimbursed upon his
return, the City Manager may authorize advanee payment of the estimated amount of the travel
expense to the employee.
A. Tourist 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 the amount of the cost of
th,~ commercial transportation.
1) A flat rate per mile allowed under the eurrent 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, expense for local transportation, such as taxicabs and bus fare, will be
allowed whenever such transportation is necessary for conduct of City business. In addition, the
following expenses and charges will be allowed, whenever necessary, for the conduet of City
business.
A. Expense will be allowed for adequate lodging. Hotel accommodations shall be
appropriate to the purpose of trip.
B. Telephone and telegraph charges will be allowed for official ealls and
telegrams.
20
C. Expenses for meals will be reimbursed aeeording to Finanee Administrative
Poliey No. 4.13, currently limited to $40 for meals per day.
Article XXI
SAFETY AND HEAI,TH
The City and the employees of the City agree to eomply with all applicable Federal, State and
City laws, eodes and policies that relate to health and safety. In addition, the City and
Association agree to aetively pursue the continuation of safe working procedures and
environments.
rticle XXII
CITY RIGHTS
SECTION 1. The City reserves, retains, and is vested with, solely and exclusively, all rights of
Management whieh 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 exeeution of this MOU. The sole and
exclusive rights of Management, as they are not abridged by this MOD or by law, shall include,
but not be limited to, the following rights:
A. To manage the City generally and to determine the issue of policy.
B. To determine the existence or nonexistenee of facts, which IS the basis of the
Management decision.
C. To determine the necessity of organization of any service or aetivity eonducted by the
City and expands or diminishes services.
D. To determine the nature, manner, means, and technology, and extent of serviees to be
provided to the public.
E.Methods of financing.
F. Types of equipment or technology to be used.
G. To determine and/or change the facilities, methods, technology, means, and size of the
work force by whieh the City operations are to be eonducted.
H. To determine and change the number of locations, relocations, and types of operations,
proeesses, and materials to be used in earrying out all City functions including, but not
limited to, the right to eontraet for or subeontract any work or operation of the City.
21
I. To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and ehange work schedules and assignments.
J. To relieve employees from duties for lack of work, economic eonditions, or similar non-
disciplinary reasons.
K. To establish and modify produetivity 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
111 aeGOrdance with this
MOU.O. To determine policies, proeedures, and standards li)r selection, training, and promotion
of
employees.P. To establish employee performanee standards including, but not limited to, quality
and quantity standards; and to require complianee
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 w:ith this
MOU.S. To take any and all necessary aetion to earry out the mission of the City in
emergencies.SECTION 2. Exeept in emergencies, or where the City is required to make ehanges in
its operations beeause of the requirements of law, whe:never 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 eonfer in good faith with repre:sentatives of the Assoeiation
regarding the impact of the contemplated exercise of sueh rights prior to exereising such rights, unless
the matter of the exercise of such rights is provided for in this
MOU.Article
XXIII jE:MPLOYEE ORGANIZATIONAL RIGHTS AND
RESPONSIBILITIES SECTION I. DUES DEDUCTIONS. The City shall deduct dues, on a bi-weekly basis,
from the pay of all employees recognized to be represented by the Association, who
voluntarily authorize such deduetion, in writing, on a form to be provided for this purpose, whieh is
mutually agreed to, by the Association and the City. The City shall remit sueh funds to the Assoeiation
within 10 days following their deduetion. Such deductions shall be on forms provided by and in
a manner preseribed by the Payroll Division of
the
SECTION 2. INDEMNIFICATION. The Assoeiation agrees to hold the City harmless and
indemnify the City against claims, causes of actions, or lawsuits arising out of the deductions or
transmittal of such funds to the Association except the intentional failure of the City to transmit,
to the Assoeiation, monies deducted from the employees pursuant to this Article.
Article XXIV
GRIEVANCE ANn
DISCIPLINARY APPEALS PROCEDURE
SECTION 1. DEFINITION OF GRIEVANCE. A grievance shall be defined as a timely
eomplaint by an employee or group of employees eoncerning the interpretation or applieation of
specific provisions of this MOU or of the Rules and Regulations governing personnel practices
or working conditions of the City. The grieving party must state in writing the remedy sought to
resolve the grievance.
SECTION 2. DISCIPLINARY APPEALS. Any full-time 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 reprimands, probationary
demotions, perfonnance evaluations, and denial of merit inereases 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 n~quest said reprimand be withdrawn from their official Personnel reeord after one (
1) year. However, such removal shall be at the eomplete discretion
of the Personnel Director.SECTIO::'oI 3. BUSINESS DAYS. Business days mean ealendar
days, exclusive of Saturdays,Sundays, and legal holidays
recognized by the City.SECTION 4. TIME LIMITS FOR FILING
WRITTEN FORMAL GRIEVANCES. The time limits for filing written formal grievances shall be strictly construed,
but may be extended by mutuall agreement evidenced, in writing, and signed by a
duly authorized representative ofthe City and the grieving party. Failure of the grieving party to comply with any
of the time limits set forth hereunder shall eonstitute waiver and bar further processing of
the grievance. Failure of the City to eomply with the time limits set forth in this Section
shall automatieally move the grievance to the next level in the Grievance Procedure. The grieving
party may request the assistance: of OMA in presenting a grievanee at any level of review
or may represent himself.SECTION 5. 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 aceeptable 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 eoneerned. In order that this infornlal proeedure
may be responsive, all parties involved shall expedite this proeess. In no ease may more than
10 business days elapse from the date of the alleged incident giving rise to the grievance, or when
the
should have reasonably become aware of the faets giving rise to the grievanee and the filing of a
written formal grievance with the Personnel Direetor of the City, with a copy to the department
head in which the employee works. Should the grievant fail to file a written grievanee within 10
business days from the date of the ineident 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 6. FORMAL GRIEVANCE PROCESS, PERSONNEL DIRECTOR,
DEPARTMENT HEAD. If the grievance is not resolved through the informal process, a
written gIievance is filed within the time limits set forth above, the grievant shall diseuss the
grievance with the Personnel Director and the department head. The Personnel Director and the
department head shall render a deeision and comments, in writing, regarding the merits of the
grievanee and return them to the grievant within 10 business days after reeeiving the grievance.
SECTION 7. FORMAL DISCIPLINARY 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 decision to 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 eonclusive and shall
take effeet as prescribed. If the employee does file a notice of appeal within the appeal period,
the Depmtment Head shall eonsider the merits of said appeal prior to implementation of any
diseiplinary action. In the event the Department Head upholds the disciplinary aetion, said aetion
shall be implemented immediately.
A full-time employee who has obtained regular status may appeal said action 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 Personnel Services Department within ten (10) days of the Department Head'
s decision.Failure to do so shall 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 shall be processed in accordance with the provisions of Section
9,
Article XXIV.SECTION 8. FORMAL GRIEVANCE PROCESS, CITY MANAGER. If the
grievance is not resolved in 5 above, or if no answer has been received from the Personnel
Direetor and department head within 10 business days from the presentation of the written grievance
to the Personnel Director and department head, the written gri,~vanee shall be presented to
the City Manager, or his duly authorized representative, for determination. Failure of the grievant
to take this aetion will eonstitute a waiver and bar to the grievanee, and the grievance will
be considered settled on the basis of the last Management grievanee response. The City Manager, or
his duly authorized representative, shall render a final decision on the merits of the
grievance and eomments, in writing, and return them to the grievant within 10 business days after
reeeiving
the gnevance.After this proeedure is exhausted, the grievant and the City shall have all rights and
remedies to pursue said grievance under the law. The City shall instruct its supervisors on the proper
use
implementation of this gJievanee proeedure and every reasonable effort shall be made by
employee and the supervisor to resolve the grievance at the informal step.
SECTION 9. FORMAL PROCESS FOR TERMINATIONS, ADVISORY HEARING
OFFICER. A full-time, non-probationary terminated employee may request a
full evidentiary hearing within 15 City business days of the date of any notiee of termination. Failure to
request a hearing within the 15-day period eonstitutes 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 eannot agree on the identity of the Hearing Officer,
the parties shall proeure from the State Conciliation Service a list of seven qualified
Hearing Officers. Each party shall alternately strike one name from the list until only one person remains,
who shall be the Hearing Officer. The determination as to whieh 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/appellant. 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 degJ'ee of discipline.C. The decision of the Hearing Officer is remitted to
the
City Manager for final disposition.D. The City Manager, or his duly authorized representative,
shall render a final deeision on the Hearing Officer's comments and recommendation,
in writing, and return them to the grievant within 10 business days after receiving
the Hearing Officer's findings.E. After this proeedure is exhausted, the grievant, OMA and the
City shall have all rights and remedies to pursue
said grievance
under the law.
Article XXV NO STRIKE-NO LOCKOUT SECTION 1. PROHIBITED
CONDUCT. The Association, 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, siek-out, or
any other job aetion
by withholding or refusing to perform services.SECTION 2. The City agrees that it shall not loek ow:
its
employees
SECTION 3. Any employee who participates in any conduct prohibited in Sections I and 2
above may be subject to termination by the City.
SECTION 4. In addition to any other lawful remedies or disciplinary actions available to the
City, if the Association fails, in good faith, to perform all responsibilities listed below in Section
A, Association Responsibility, the City may suspend any and all of the rights and privileges
aceorded to the Assoeiation under the Employee Relations Resolution in this MOU, including,
but not limited to, suspension of reeognition of the Assoeiation grievanee procedure right of
access, eheck-off, the use of the City's bulletin boards, and
faeilities.SECTION 5. ASSOCIATION
RESPONSIBILITY A. In the event that the Association, its officers, agents, representatives, or members
engage in any of the eonduet prohibited in Section I above, Prohibited Conduct, the
Assoeiation or its duly authorized representatives shall immediately instruet any persons engaging
in such conduet that their eonduet is in violation of this MOU and is unlawful, and
they should immediately cease engaging in conduct prohibited in Section I above,
Prohibited Conduct, and return to
work.B. If the Association performs all of the responsibilities set forth in Section 5(A) above,
its offieers, agents, and representatives shall not be liable for damages for prohibited
conduct performed by employees who are covered by this MOD in violation of Seetion
I.Article
XXVI OMA
REPRESENTATIVES This article intentionally left blank to standardize the sequence among all MOU'
s.Article
XXVII LAYOFF
PROCEDURES When a layoff or reduetion in force is necessary, the layoff procedures set forth in Resolution
No.SI76, as ineorporated 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
neeessary.SECTION 2. SCOPE. All Assoeiation Employees. All departments 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, reduee the work
force and layoflf employees when it becomes necessary due to economic eonditions,
organizational changes, Ilack of work, or because the necessity for a position no longer exists.
Whenever possible, the City will advise the union of their intent at least ten calendar days in advanee
ofthe
effeetive date. The City's layoff policy provides the following criteria to be followed during a
reduction in force.
SECTION 4. PROCEDURE
A. ORDER OF REDUCTIONS IN FORCE (Lavoff and Demotion) Within a
department and by elassification, 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 but less than 40
hours);4) Promotional probationary employees (40
hours);5) Regular full-time employees (
40 hours).For purposes of this procedure, the Water Division will be eonsidered
a department.
B. LAYOFFS 1) Layoffs shall be based on citywide seniority, except, negative
performance during the past 5 years will be considered to determine the order of
layoff. Negative performanee 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 reduetions
in pay;f). Performance evaluations eontaining Significant, negative
written eomments indicating improvement needed and warning of further eonsequences
to follow if improvement fails
to oecur.One negative disciplinary action decreases the employee's seniority by
one year per occurrence and by two years for additional occurrences, for
a possible reduetion
of9 years.2) The order of layoff shall be established by the Personnel
Direetor, including seniority and results of review of performance evaluations and
prior
disciplinary actions.3) The order of layoff will be the least se:mor employee as determined
by the
procedure above.4) Prior to the establishment of the final order of layoff, the Personnel
Direetor 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
the Personnel Director. This request should be direeted to the Personnel 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 proeess.
6) After meeting with all employees wishing to be heard with respect to their
position on the layoff list, the Personnel Direetor or his designee shall establish
the Final Order of Layoff list. The decision of the Personnel Director or his
designee shall be final and not subjeet to the grievanee process or further appeal.
C. WRITTEN NOTICE
Employees to be laid off shall be provided written notiee at least ten ealendar days in
advanee 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
tht: last known residential address.
D. TRANSFER OR DEMOTION IN LIEU OF LAYOFF
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 vacaneies;
c) The employee meets the qualifications of the new position as determined by
the Personnel Director.
2) Whenever employees are to be laid off, they may demote to lower level, filled
positions within their department providing they:
a) Formerly held or supervised the lower level position within the classification
senes;
b) Meet or can reasonably meet qualifications for the new position as
determined by the Personnel Direetor;
c) Possess greater seniority to displace a lower level worker;
d) Request in writing a demotion to the previously held or previously
supervised position within seven (7) calendar days of receiving the notiee of
layoff. A voluntary demotion shall not reflect as a negative action in the
employee's personnel file.
E. REEMPLOYMENT LISTS
1) Regular employees in good standing who are laid off or demoted shall have their
name plaeed on a departmental reemployment list for the last classifieation
previously held. Names shall be placed on the list in inverse order of seniority.
Last released - first rehired). Vacancies the department desires to fill will be offered
first to eligibles on the departmental reemployment list.28
2) Other hiring departments who have vacaneies the City desires to fill will give
priority consideration to those employees whose names appear on the
reemployment list. If these employees are not selected for rehire, the reason for
non-selection must be approved by the Personnel
Direetor.3) Names of qualified individuals shall remain on reemployment lists f{)r a
period not to exeeed 2 years from the date of layoff. Individuals who qualify for
rehire but do not respond to written notifieation to the last known address on file
within ten ealendar days or who refuse two job offers shall have their names
removed from the reemployment list. Once rehired, employee names are removed from
all reemployment
lists.SECTION 5. NON-DISCRIMINATION IN REDUCTION IN FORCE.
Layoffs and demotions which result from a reduction in foree shall be made without regard to an
employee's race, color, religion, national origin, sex, age, marital status, functional limitations, or
any other lawfully protected class as defined in the ADA and other applicable state and
federal laws.Article
XX\TIII 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, or
memorandums of understanding, or contrary salary and/or personnel resolutions or
Administrative Codes,provisions of the City, oral and written, expressed or implied, between the parties,
and shall govern the entire relationship and shall be the sole source of any and all rights which
may be asserted hereunder. This MOU is not intended to confliet with federal or
state law.
Article XXIX WAIVER OF BARGAINING
DURING THE TERM 01<' THIS MEMORANDUM
01<' UNDERSTANDING SECTION 1. During the term of this MOU, the parties mutually agree that they will not
seek to ehange, negotiate, or bargain with regard to wages, hours, benefits, and terms and
eonditions of employment, whether or not eovered by the MOD or in the negotiations leading
thereto, and irrespeetive 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
Article XXX
EMERGENCY WAIVER PROVISION
SECTION 1. In the event of cireumstanees beyond the eontrol of the City, sueh as acts of God,
fire, flood, insurreetion, civil disorder, national emergency, or similar cireumstanees, provisions
of this MOU or the Personnel Rules or Resolutions of the City, whieh restrict the City's ability to
respond to these emergencies, shall be suspended for the duration of such emergency. After the
emergeney is declared over, this MOU will be reinstated immediately. The Assoeiation shall
have the right to meet and confer with the City regarding the impaet on employees of the
suspension of the provisions in the MOU during the course: of the emergency.
Article XXXI
SEPARABILITY
SECTION 1. Should any provision of this MOU be found to be inoperative, void, or invalid by
a eourt of competent jurisdiction, all other provisions of this MOU shall remain in full force and
effect for the duration of this MOU.
Alrticle XXXII
TERM OF MEMORANDUM OF UNDERSTANDING
The term of this MOU shall commence on July I, 2002 and shall continue in full force and effect
until June 30, 2005.
30
Article XXXIII
RATIFICATION AND EXECUTION
The City and the Association acknowledge that this MOU shall not be in full force and
effect until ratified by the Association and adopted by the City Council of the City of
Orange. Subject to the foregoing, this MOU is hereby executed by the authorized
representatives of the City an the Association and entered into this 8th day of
g''~'' :2002.
CITY OF 0
Stev€,n
V. m, Personnel/Employee iJions 01
ctor byllf'?icU0Jf ~
r othL~
e~~~~ Analyst II by:obert
on
Schimmel mann,by: Vrl
Maintenance Division
Manager ORANGE MANAGEMENT
ASSOCIATION b
by:
by: _
31
ORANGE MANAGEMENT ASSOCIATION
MONTHLY SALARY RANGI<:S
EFFECTIVE JUNE 30, 2002
2.5% SALARY INCREASE
3.0% FOR CERTAIN CLASSES
I CLASSIFICATION TITLE
NEW STEP STEP STEP STEP STEP STEP
RANGE A B C D E F
Building Inspector Supervisor 504 4405 4629 4865 51 t4 5374 5648
Community Services Supervisor 4S3 3967 4169 4382 4605 4840 5087
Development Services Supervisor 545 5404 5680 5969 6274 6594 6930
Equipment Maint. Supervisor 499 4296 4515 4746 49S8 5242 5509
Facilities Services Supervisor 485 4006 4211 4426 4651 4888 5138
Field Maintenance Supervisor 4S7 4047 4253 4470 469S 4937 5189
Landscapel Assess Dist Coord. 505 4427 4652 4890 5139 5401 5677
Legal Secretary 424 2955 3106 3265 3431 3606 3790
Library Cilrculation Supervisor 421 2912 3060 32t6 33S0 3553 3734
Principal Planner 548 54S6 5765 6059 6368 6693 7035
Project Development Coordinator 505 4427 4652 4S90 5139 5401 5677
Real Prope:rty Representative 530 5015 5270 5539 5S22 61lS 643t
Senior Civil Engineer 555 5680 5970 6275 6595 6931 7284
Senior Construction Inspector 4S4 3987 4190 4404 4628 4864 51 t2
Senior Plan Check Engineer 530 50t5 5270 5539 5822 6118 6431
Senior Planner 518 4723 4964 5217 5483 5763 6057
Senior Water Quality Inspector 473 3774 3966 416S 438t 4604 4S39
Tree Services Coordinator 483 3967 4169 43S2 4605 4840 5087
Water Quality Inspector 454 3433 3608 3792 39S5 418S 4402
33
ORANGE MANAGEMENT ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE DECEMBER 29.2002
INEQUITY ADJUSTMENTS OF UP TO
2.0% FOR CERTAIN CLASSES
I CLASSIFICATION TITLE
NEW STEP STEP STEP STEP STEP ST:P IRANGEABCDE
Building Inspector Supervisor 504 4405 4629 4865 5114 5374 564S
Community Serviees Supervisor 487 4047 4253 4470 469S 4937 5189
Development Services Supervisor 547 545S 5737 6029 6337 6660 7000
Equipment Maint. Supervisor 499 4296 4515 4746 49SS 5242 5509
Faeilities Serviees Supervisor 4S9 4087 4296 45t5 4745 4987 5241
Field Maintenance Supervisor 489 4087 4296 45t5 4745 49S7 5241
LandseapeJ Assessment Dist Coord 50S 4493 4723 4963 52t7 54S3 5762
Legal Secretary 42S 30t5 3169 3330 3500 3679 3S66
Library Circulation Supervisor 42t 2912 3060 3216 33S0 3553 3734
Principal Planner 550 5541 5823 6120 6432 6760 7105
Project Development Coordinator 508 4493 4723 4963 5217 5483 5762
Real Propel1y Representative 532 5065 5323 5595 58S0 6180 6495
Senior Civil Engineer 557 5737 6030 6338 6661 7000 7357
Senior Construction Inspector 486 4026 4232 4448 4674 4913 5163
Senior Plan Check Engineer 532 5065 5323 5595 5S80 6180 6495
Senior Planner 520 4771 5014 5270 5538 5S21 6118
Senior Water Quality Inspector 477 3S50 4046 4252 4469 4697 4937
Tree Services Coordinator 483 3967 4t69 4382 4605 4S40 50S7
Water Quality Inspector 458 3502 3680 3S68 4065 4273 4490
34
ORANGE MANAGEMENT ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE JUNE 29. 2003
2.0% SALARY INCREASE
I CLASSIFICATION TITLE
NEW STEP STEP STEP STEP STEP STEP
RANGE A B C D E F
Building Inspector Supervisor 508 4493 4723 4963 5217 54S3 5762
Community Services Supervisor 49t 412S 4339 4560 4793 5037 5294
Development Services Supervisor 55t 556S 5S52 615t 6464 6794 7141
Equipment Maint. Supervisor 503 43S3 4606 4S41 50S8 5348 5620
Facilities Services Supervisor 493 4170 4382 4606 4841 5087 5347
Field Maintenance Supervisor 493 4170 43S2 4606 4S41 50S7 5347
Landscape! Assess. Dist Coord 512 4584 4S18 5063 5322 5593 5S78
Legal Secretary 432 3076 3233 3398 357t 3753 3944
Library Circulation Supervisor 425 2970 3122 3281 3448 3624 3809
Principal Planner 554 5652 5940 6243 6562 6896 724S
Project Development Coordinator 512 4584 4S18 5063 5322 5593 5878
Real Property Representative 536 5t67 5430 5707 5998 6304 6626
Senior Civil Engineer 56t 5853 6152 6465 6795 7142 7506
Senior Construction Inspector 490 4108 43t7 4537 4769 50t2 5267
Senior Plan Check Engineer 536 5167 5430 5707 5998 6304 6626
Senior Planner 524 4S67 5115 5376 5650 593S 6241
Senior Water Quality Inspeetor 4St 3927 4128 433S 4559 4792 5036
Tree Services Coordinator 487 4047 4253 4470 4698 4937 51S9
Water Quality Inspector 462 3572 3754 3946 4147 4359 45S1
35
36