RES-9385 MOU Police AssociationRESOLUTION NO. 9385
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE REPEALING RESOLUTION NO.
9018 AND APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF
ORANGE AND THE CITY OF ORANGE POLICE
ASSOCIATION CONCERNING WAGES, SALARIES
AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT EFFECTIVE MARCH 1, 2001
THROUGH FEBRUARY 29, 2004.
WHEREAS, the City of Orange, hereinafter referred to as "City", and the City of Orange
Police Association, hereinafter referred to as "COP A" have met and conferred in accordance with
requirements of the Meyers-Milias-Brown
Act; and WHEREAS, City and COP A have reached agreement on wages, salaries and
other terms and conditions of employment effective March 1,2001 through February 29,2004
and have repealed Resolution No. 9018 thereto for said employees, as more particularly set forth
in the Memorandum of
Understanding; and WHEREAS, on November 28,2000, the City Council of the City of
Orange adopted Resolution No. 9356, a Resolution of the City Council of the City of Orange
Establishing a Letter of Understanding Between the City of Orange and the City of Orange
Police Association effective March 1, 2001 through February 29,
2004; and WHEREAS, the City and the Association agreed to incorporate the
provisions contained in the Lettl:r 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; and WHEREAS, the City and the Association had an existing agreement in
effect from December 1, 1998 through November 30,
2001;
and WHEREAS, both parties agreed to modify the terms and conditions of
employment contained in that Memorandum of Understanding by rescinding that agreement and replacing
it with this nlew Memorandum of Understanding effective March 1,2001 through February
29,
2004;NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange that the attached Memorandum of Understanding is approv(:d and incorporated by reference
as Exhibit "A" as though fully set forth
herein.ADOPTED this 13th day of March,
ATTEST:
1_uU~~{'~~4-<~ .
Cassandra J. Cathc ,City Clerk of the City of Orange
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 March,2001
by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
SLATER, ALVAREZ, MAYOR MURPHY, COONTZ
NONE
NONE
NONE
ii
Exhibit "
A"MEMORANDUM
OF UNDERSTANDING BETWEEN
THE CITY of ORANGE AND THE CITY
of ORANGE POLICE ASSOCIATION MARCH
1, 2001 THROUGH FEBRUARY 29, 2004
Article No.
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
XVII
XVIII
XIX
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORANGE AND THE
CITY OF ORANGE POLICE ASSOCIATION
TABLE OF CONTENTS
Article Title Page No.
Recognition .....................................................................1
Non-
Discrimination.........................................................
1 Salaries............................................................................
1 Working out of Class ......................................................
4 Work Week .....................................................................
5 Overtime..........................................................................
5 Call
Back
Compensation.................................................
7 Court Time ......................................................................
8 Special Assignments and Special Pay
Practice...............
9 Career Development Program
and Educational Reimbursement ...........................................
12
Uniform
Allowance.........................................................
14 Holidays ..........................................................................
14 Vacation ..........................................................................
15 Probationary
Period.........................................................
16 Other Leaves of Absence ................................................
17 Part-Time Employee
Benefits .........................................
22
Insurance.........................................................................
22
Retirement...................................................................... .24 Safety
and
Health
XX Travel Expense Allowed .................................................26
XXI Employee Organizational Rights
and Responsibility................................... ........... ..... ........ 26
Q\ll Q\
m XXIV
XXV
XXVI
XXVII
Q\
vm Q\]
X Q\
X Q\
XI XXXII
Exhibit
I Layoff
Procedures .... ............................................... ........
27 City Rights ......................................................................
29 No Strike .........................................................................
30 Grievance Procedure .......................................................
31 Miscellaneous Provisions.......................................... ......
33 Sole and
Entire Memorandum of Understanding............ 33 Waiver of
Bargaining During the Term of
this Agreement ..................................................33 Emergency Waiver
Provision .........................................34 Separability Provision .....................................................
34 Term of
Memorandum of Understanding .......................34 Ratification and
Execution..............................................34 Salary Ranges................................................... ...............
36 ii
Article I
RECOGNITION
SECTION 1. Pursuant to the provisions of the Employer.Employee Relations Resolution No.
3611 of the City of Orange, the City of Orange (hereinafter called the "City"), has recognized the
City of Orange Police Association (hereinafter called the "Association" or "COPA") as the
majority representative of the Non-Management employee classifications of the
Police Department as set forth in Exhibit"
I."SECTION 2. The City shall recognize the Association as the majority representative of
all employees in these classifications for the purpose of meeting its obligations under
this Agreement, the Meyers-Milias-Brown Act, Government Code Section 3500 et
seq., and the Employer-Employee Relations Resolution No. 3611 when City
rules, regulations, or laws affecting wages, hours, and other terms and conditions
of employment are
appropriately amended
or
changed.Article II NON-DISCRIMINATION SECTION 1. The parties mutually recognize and agree to protect
the rights of all employees herein to join and/or participate in protected Association activities or
to refrain from joining or participating in protected activities in
accordance with the Employer-Employee Relations Resolution and
Government Code Section 3500 et. seq.SECTION 2. The City and the Association agree that
they shall not discriminate against any employee because of race, color, sex, age, national
origin, political or religious opinions or affiliations. The City and the Association shall reopen any
provision of this Agreement for the purpose of complying with any order of a federal or
state agency or court of competent jurisdiction requiring a modification or change in any
provision or provisions of this Agreement in compliance
with state or federal anti-discrimination laws.SECTION 3. Whenever the masculine gender is
used in this Memorandum of Understanding, it shall
be understood
to
include the feminine gender.Article III SALARIES SECTION 1. BASIC COMPENSATION
PLAN. There is hereby established a basic compensation plan for all members of the Orange
Police Association who are now employed or will in the future be employed in any of
the designated classifications of employment
SECTION 2. SALARIES. Base salaries effective June 18,2000 (from prior Memorandum of
Understanding), July 1, 2001, June 30, 2002, and June 29, 2003 for employees covered by this
agreement are listed in Exhibit" 1."
The
salary and wage schedules attached hereto shall constitute the basic compensation plan consisting
of six (6) steps or rates of pay in each range.The
respective ranges shall be identified by number and the steps by the letters "A" to "F"inclusive.
The columnar heads at the top of each column shall establish the purpose of each step and
the minimum length of service required for advancement to the next higher step, as provided in
Section 6 hereof.SECTION
3. ADMINISTRATION OF BASIC COMPENSATION PLAN. The compensation
ranges and steps contained in the monthly salary schedule in the appendix hereof are
monthly compensation rates.For
all employees who have a regular weekly work schedule of forty (40) hours, the hourly rate of
pay shall be the monthly rate times 12 divided by 2080 annual hours.In
determining the hourly rate as herein provided, compensation shall be made to the nearest one-half (
Yz) cent.SECTION
4. BEGINNING RATES. A new employee of the City of Orange shall be paid the rate
shown in the Step "A" in the range allocated to the class of employment for which he has been
hired, except that on the request of the Police Chief under whom the employee will serve,and
with the authorization of the Personnel Director, such employee may be placed at any Step in the
range depending upon the employee's qualifications.SECTION
5. SERVICE. The word service, as used in this Resolution, shall be defined to mean
continuous, full-time service in his present classification, service in a higher classification,
or service in a classification allocated to the same salary range and having generally similar
duties and requirements. A lapse of service by any employee for a period of time longer than
thirty (30) days by reason of resignation or discharge shall serve to eliminate the accumulated
length of s,~rvice time of such employee for the purpose of this Resolution.
Such
employee re-entering the service of the City of Orange shall be considered as a new
employee, except that he may and at the discretion of the City, be re-employed within one (
1)year and placed in the same salary step in the appropriate compensation range as he was at
the time of the termination of
employment.SECTION 6. ADVANCEMENT WITHIN SCHEDULE. The following regulations
shall govern salary advancement within
ranges:A. Merit Advancement. An employee may be considered for advancement through
the salary range upon completion ofthe minimum hmgth of service. The effective date
of such merit increase, if granted, shall be the first day of the next pay period
following completion of the length of service required for such advancement.
Advancement
fhrough the salary range may be granted only for continuous, meritorious and
efficient service, and continued improvement by the employee in the effective
performance of the duties of his position. Such merit advancement shall require the
following:
I) The Police Chief, or his designee, shall file with the Personnel Director a
completed performance evaluation recommending the granting or denial of the
merit increase and supporting such recommendation with specific reasons
therefor. A disapproval, together with the reasons therefor, shall be returned to the
Police Chief.
2) The recommendation of the Police Chief and the approval of the Personnel
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, the Police Chief 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 Resolution. The
Personnel Director may, on the basis of the Police Chiefs recommendation, approve
md effect such an advancement.
C. length Of Service Required When Advancement Is Denied. When an employee has
not been approved for advancement to the next higher step, he shall be reconsidered
lor such advancement within a one-year period or at any subsequent time.
This reconsideration shall follow the same steps and shall be subject to the same action
as provided in the above paragraph ofthis
section.SECTION 7. REDUCTION IN SALARY STEPS. Any employee who is being paid on
a salary step higher than Step "A" may be reduced by one or more steps upon the
recommendation of the Police Chief with the approval of the Personnel Director. Procedure for such
reduction shall follow the same procedure as outlined for merit advancements in Section 6, and
such employee may be considered for re-advancement under the same provisions as
contained in subsection (C) of
Section 6.SECTION 8. PROMOTIONAL SALARY ADVANCEMENT. When an
employee is promoted to a position in a higher classification, he may be assigned to Step "A"
in the appropriate range for the higher classification; provided that if such employee is
already being paid at the rate equal to or higher than Step "A", he may be placed in the step in
that appropriate salary rangtl as will grant him an increase of at least one (1), but no more than three (
3)
salary
SECTION 9. DEMOTION. When an employee is demoted to a posItIon in a lower
classification, his salary rate shall be fixed in the appropriate salary range for the lower
classification in accordance with the following provisions:
A. The salary rate shall be reduced by at least one (1) step.
B.
The new salary rate must be within the salary range for the classification to which demoted.
SECTION
10. REASSIGNMENT OF COMPENSATION RANGES. Any employee who is employed
in a classification which is reassigned to a different pay range from that previously assigned
shall be retained in the same salary step in the new range as he has previously held in the
prior nmge, and shall retain credit for length of service in such step toward advancement to the
next higher step; provided, however:A.
That if such retention shall result in the advancement of more than one (1) step, the Personnel
Director may, at his discretion, at the time of reassignment, place the employee
in a step which will result in an increase of only one (1) step.B.
That if the reassignment shall be to a lower compensation range, the "P" 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 new classification
shall be reassigned to a compensation schedule which will allow for further
salary advancement, or until such time as the employee is promoted to a position
assigned to a higher compensation range.C.
That if the reassignment is to a lower compensation range, the "P" step of which is higher
than the existing rate of pay of the employee, the employee shall be placed on that
step of the lower compensation range which is equivalent to the employee's existing
rate of pay. Ifthere is no equivalent rate of pay, the employee shall be placed on
the next highest step. The employee shall retain credit for length of service previously
acquired in such step toward advancement to the next higher step.Article
IV WORKING
OUT OF CLASS SECTION
1.
The City may work employees out of classifi.cation for up to two (2) working days within a
work week without additional compensation. On the third (3rd) working day within the work week
that the employee works out of classification, he shall be paid additional compensation at
the Step A of the class to which he is assigned for the entire pay period in which the employee
worked out of classification. To qualify for working out of class pay, the employee must be
performing all the significant duties of the higher level position and meet the minimum requirements of
the higher level class.4
In no event shall the employee be paid at a step of the class in which the employee receives less
than a five percent (5%) increase in pay.
Article V
WORKWEEK
SECTION 1. The regular work week for all employees covered by this Agreement shall be
forty (40) hours per week consisting of four (4) consecutive shifts often (10) hours and three (3)
consecutive days off, provided that, under special circumstances, an employee and the
department may mutually agree to a different schedule.
SECTION 2. Notwithstanding the above, for all employees, the regular work schedule shall be
eighty (80) hours per two-week pay period consisting of work shifts often (10)
hours.SECTION 3. Except in the case of emergency as defined in Article VI, Section 9 an
employee shall not be scheduled to work more than twelve and one-half (l2~) consecutive hours
on any occasion. Employees may voluntarily work in excess of the twelve and one-
half (l2Y,) hours and will
be <compensated
appropriately.
Article VI OVERTIME SECTION 1. PREMIUM/COMPENSATION - SWORN AND
RELATED PERSONNEL.Premium Compensation shall apply to all classifications covered herein, when
duly authorized by the Police Chief or his designee. Additionally, if an employee is scheduled to
commence a work shift within ten (10) or fewer hours after the scheduled conclusion of
the previously scheduled work shift the later shift shall be compensated at the premium rate for
all
hours worked.SECTION 2. DEFINITION. Overtime is defined as that authorized time worked in
excess of the regular work day and/or work week, except that work amounting to less than
thirty (30)minutes in excess of an employee's regular work day shall not be considered overtime
for any purpose. Only time actually worked shall count in the computation of overtime, except
that time off due to excused absence for holidays, accumulated compensatory time off, vacation
and sick leave shall be counted toward the computation of overtime. Overtime shall be earned
to the nearest one-half (
Y,) hour increment.SECTION 3. PREMIUM COMPENSATION. Premium Compensation
shall be accumulated compensatory time off at one and one-half (I y,) hours for each one (I)
hour of overtime worked.SECTION 4. PREMIUM OVERTIME
EXEMPTIONS (STRAIGHT TIME OVERTIME)Except as provided in Section I, no premium compensation
payor premium compensatory time off with pay shall be allowed an employee for attendance as a trainee
at any seminar, conference,convention, educational class or such similar event; further,
no
premium wmpensatory time with pay shall be permitted for briefing, organized in-
service training or meetings, missed meals, or weapon
qualification.
All duly authorized overtime compensation for attendance as a trainee at any seminar,
conference, convention, education class, organized in-servi<:e training or meetings or such
similar event shall be accumulated at the rate of one-half (Yz) hOUT of compensatory time for
each one-half(Yz) hOUT of training
overtime worked.Employees required to participate in weapons qualification while off duty shall
receive overtime compensation at the straight time rate with a minimum of two (2) hours
overtime compensation provided that the employee must receive advance approval from an authorized
representative of the Police Department to engage in
that activity.If an employee attends one of the above listed events as a trainee within four (4) hours
before or after a regularly scheduled work shift, and such attendance, combined with the
regular hours actually worked, causes the employee to train and actually work more than ten (10)
hours, those combined hours in excess of ten (10) shall be accumulated at the rate of one and one-
half (1 Yz)hours of compensatory time for each hour of training overtime worked.
This provision for premium training overtime compensation shall not apply if the employee
chooses a training session that qualifies for premium training time when other training
sessions are available.Premium training overtime shall not apply to training sessions for SWAT, K-
9 or
the Crisis Negotiation Team.Training hours which are performed on overtime shall entitle the employee
to time off. The employee shall not be paid for such compensatory time for
training hours performed on overtime, except
upon separation of employment.SECTION~. ACCUMULATION AND PAYMENT
OF COMPENSATORY TIME. All earned overtime compensation for employees described in this Article
may be credited to Accumulated Time Off (ATO) or converted into cash at the employee'
s option, except overtime earned and accumulated for training shall only be credited to A TO and may
not be converted to cash. Payment shall be made at the pay period following the
exercise of the option.Accumulattld compensatory time not taken in the calendar year in which it
was earned may be carried over to the next calendar year up to a maximum
of eighty (80) hours.All accumulated ATO accrued in excess of 80 hours at year-end
shall be automatically paid on the first pay period
of
the new calendar year.Employees shall be entitled to receive payment for paid
overtime and all accumulated compensatory
time upon their termination.SECTION 6. APPLICATION OF
COMPENSATORY TIME. Premium Compensation work shall not apply to the earning of employee benefits such
as retirement, holidays, vacation accrual, sick leave accrual, employee insurance benefits or
towards the completion of probationary period or to progression within
a
SECTION.L. USAGE OF COMPENSATORY TIME. An employee who submits a request
to use accumulated compensatory time off a minimum of seven (7) days in advance of the
requested time off must be granted the leave, provided that such request does not create an undue
disruption in the City's ability to provide proper coverage as defined by Federal Law. Scheduled
primary and scheduled secondary vacation requests may not be canceled due to the application of
this provision. However, management has the right to deny a seven (7) day request if the
voluntary overtime process does not provide appropriate coverage for requested time off.
SECTION 8. PYRAMIDING OF OVERTIME RATES. Whenever two (2) or more premium
compensation rates or overtime rates may appear to be applicable to the same hour or hours
worked by the employees described in this Article, there shall be no pyramiding or adding
together of such premium or overtime rates, and only the higher applicable rate shall apply.
SECTION 9. If in the event of circumstances beyond the City's control, such as Acts of Nature,
fire, flood, insurrection, riot, national emergency or other similar circumstances, employees
covered herein shall be entitled to only a straight time rate for overtime worked under such
circumstances.
SECTION 10. ASSIGNMENT OF AVAILABLE OVERTIME. Whenever possible, when
assigning overtime in patrol, preference will be given to off-duty personnel who are
interested and available for overtime assignments. The Police Chief shall determine an acceptable
process by which ao. employee may indicate interest and availability for overtime
assignments.Article
VII CALL BACK
COMPENSATION SECTION 1. CALL BACK COMPENSATION. If employees are required to report back
to work after completing a normal work shift and have left the City premises and/or work
location,or when 011 a regular day off or any other day when they are not regularly scheduled to
work,they shall be compensated in cash or in compensatory time off for actual hours of work with
a minimum of two (2) hours call back compensation, regardless of whether the employee
works less than two (2) hours. Compensation shall be at the premium rate of time and one-
half (1-112)unless the activities performed are those described in Sections 4 of Article VI,
in which case compensation shall be at the straight time rate. Entitlement to
call-back compensation shall provide that an employee who is called back shall be regarded
as having commenced actual hours of work thirty (30) minutes prior to arriving at
the designated work location.This provision shall not apply to employees who are continuing on duty
after the call back,provided that the regularly scheduled hours of work may not be
adjusted within forty-eight (48)hours prior to the time they are scheduled to commence without
the consent of the employee.This Article shall apply when an employee has been required to appear
in court while off duty.SECTION 2. PYRAMIDING. Whenever two (2) or
more premium compensation rates or overtime rates may appear to be applicable to the same hour or
hours
there shall be no pyramiding or adding together of such premium or overtime rates and only the
higher applicable rate shall apply. This section does not apply to Special Assignment pay rates
as set forth in Article IX.
Article VIII COURT
TIME SECTIOI''
ll. Parties agree to incorporate by reference Special Orders No. 61 and No. 88, and existing
departmental policies and written procedures coveling the subject of court time except to the
extent they conflict with this agreement.SECTION
2. Employees required to appear or testify while off-duty and in response to a
subpoena relating to activities arising out of the course and scope of employment, shall receive
premium overtime compensation for a minimum of two (2) hours or the actual number of hours
spent in their testimony or appearance, whichever is greater. For the purposes of this section, the
computation of the actual number of hours shall include all meals and break periods.
SECTION 3. Whenever an employee has been placed on "standby" or on an "on call" status
while otherwise off duty in response to a subpoena relating to activities arising out of the course
and scope of employment, the employee shall receive compensation therefor in cash or
compensatory time off at the straight time rate for two (2) hours irrespective of the duration of
such standby or on call status. If an employee is ordered to continue on "standby" or on "on call"
status beyond 1300 hours (1 :00 p.m.) or the employee is placed in that status after appearing in
court earlier that day, the employee shall receive an additional two (2) hours in cash or
compensatory time off at the straight time rate irrespectivt: of the duration of such "standby" or
on call" status. This provision shall be applicable to (:mployees who have been placed on
stand-by" or "on call' status for the purpose of providing telephonic testimony or
providing testimony in an official proceeding with regard to matters arising out of the course and scope
of employment. For the purposes of this section, an employee shall not be compensated for "
on-call" and "regular wages" at the same
time.
SECTION 4. A Sworn peace officer who transfers from another law enforcement agency into
service with the City of Orange and is required to appear in court in connection with a criminal
subpoena issued in relation to an incident arising out of that previous employment relationship
shall be allowed to appear in response to the criminal subpoena without loss of pay if the
employee is normally scheduled to be on duty at the time of testimony. If the employee is off
duty at the: time of his testimony or appearance, he shall be compensated as if the matter arose
out of the course and scope of his present employment, as set forth in Section 2 above. If the
employee is placed on call or standby and if off-duty, he: shall be compensated as though
the matter arose out of the scope of employment as set forth in Section 3 above. Compensation for
a court appearance in connection with a civil subpoena will be determined at the discretion of
the Police
Chid.Article
IX SPECIAL ASSIGNMENTS AND SPECIAL PAY
PRACTICE
SECTION 1. SPECIAL ASSIGNMENT GUIDELINES. Police Officers and civilian
employees may be assigned, from time-to-time, by the Chief of Police in a
special assignment and shall mceive additional compensation, above the employee's regular compensation
during the period of such special assignment, provided the employee is performing all the
significant duties of the special assignment. The amount of additional compensation shall be determined
by the special assignment and special pay provisions as defined in Section 2 of this
Article. These special assignments to positions shall be made or revoked at the discretion of the Chief
of Police.The Police Chief will consult with the City of Orange Police Association
regarding the development of selection guidelines for special assignments, however, the decision of
the Police Chief is final in determining the
selection guidelines.A. Police Officers and civilian personnel assigned to positions specified in Section
2 above shall move on a step-to-step basis
without changing anniversary dates.B. There is no period of Probation required in a special assignment
and no permanency or seniority may be obtained in a special assignment. An
employee who has attained permanency in a classification retains that
status during special assignments.C. Reductions in the number of special assignments which require the
removal of one or more employees from the special assignment shall be
based on department seniority.Whenever an employee is removed from a special assignment because
of a reduction in the number of available assignments, for a two year period after the
date on which the reduction occurred, that employee shall be entitled to fill the
first vacancy within
that particular special assignment.SECTION 2. SPECIAL
ASSIGNMENT AND SPECIAL PAY A. Motor Officers. Police Officers assigned by the Chief of Police in a
special assignment as a Motor Officer shall receive an additional six percent (
6%) compensation above the employ'~e's regular compensation during the period of such
special assignment, provided the employ'~e is performing all the significant duties
of the special assignment.Effective July I, 2001, employees assigned as a Motor Officer shall
receive six and one-half percent (6\12%) compensation above their regular compensation in
lieu of the 6% listed above. Motor Officers shall clean and maintain their City
issued vehicles during their regular work hours. If any cleaning or maintenance is required to be
done outside the regular work day and will trigger overtime pay, approval for such work
must be obtained from the immediate supervisor
prior to performing such work.B. Investi~:ators and Gang Unit Detectives. Police Officers assigned by
the Chief of Police as Investigators shall receive an additionalseven and
one-half percent (7\12%) compensation above the employee's regular compensation during
the period of such special assignment provided the employee is performing all the
significant duties of the special assignment.Employees assigned by the Police Chief as a Gang Unit
Detective will be selected from a current Detective list using the rule of the band.
Gang
and on~-half percent (7\12%) compensation above the employee's regular compensation
during the period of such assignment.
C. Crime Scene Investigators. Employees assigned as Crime Scene Investigators shall receive
125 per month during the period of such assignment. Employees may be so assigned at the
discretion of the Police Chief or his designee.
D. Training Bonus. Field Training Officers, Corporals, Dispatchers, and Police Services Officers
assigned to train employees shall receive $100.00 per month, during the period of such
assignment. This sum shall be paid only for those pay periods during which the individual is
specifically assigned to a trainee for any part of the pay period.
E. Bilingual Bonus. Employees covered under this agreement may be assigned by the Police
Chief to a Bilingual Assignment. Such employees on Bilingual Assignment shall receive an
additional one hundred sixty dollars ($160) per month, per employee, in addition to their
regular salary for the duration of the assignment. Bilingual Assignments shall be made on
the following basis:
1) The Police Chief, with the approval of the Personnel Director, shall determine the
number of Bilingual Assignment positions that are necessary based upon a
demonstrable need and the frequency of use; and
2) The Police Chief shall determine the languages appropriate for Bilingual Assignment;
and
3) Personnel receiving Bilingual Assignment compensation must successfully pass a
proficiency test on an annual basis.
F. Canine Officers. Police Officers may be assigned from time to time by the Police Chief as
Canine Handlers and shall be responsible for maintaining, training and utilizing a police
service dog during their regular duties. The parties recognize that not all care for a police
service dog can be accomplished during the regular work schedule. The parties agree that in
the past, Canine Officers were compensated for all off-duty canine activities through
the special assignment pay and other overtime policies of the City. The parties further agree
that eight (8) hours per month constitutes the number of hours that Canine Officers
reasonably spend outside the regular work schedule for all time spent in relation to the
care,maintenance, and training of a police service dog and related
equipment.Employees assigned as Canine Officers shall receive six percent (6%) compensation
above their regular compensation as special assignment pay. In addition, effective March 1,
2001,Canine Officers shall also be compensated for the off-duty care, maintenance, and
training of police service dogs in the amount of eight (8) hours per month at an hourly rate of$13.
00 per hour at time and one-half (8 x $19.50 = $156.00 per
month). With appropriate documentation, the City agrees to separately and additionally compensate
a Canine Officer for visits to the veterinarian and/or other unusual occurrences that are handled
outside of the Canine Officers' regular work hours at the rate of one and one-
half times the Canine Officer's regular rate of pay for the actual number of hours
spent
The parties agree that payment by the City in accordance with this section shall satisfY all
City FLSA obligations with respect to the care, maintenance, and training of police service
dogs.
Effective July 1, 2001, employees assigned as Canine Officers shall receive six and one-
half percent (6Y:z%) compensation above their regular compensation in lieu of the 6%
listed above. There is no period of probation required as a Canine Handler and no permanency
or seniority may be obtained as such a handler. Police Officers assigned as Canine
Handlers shall serve at the pleasure of the Police Chief and may be reassigned at the sole discretion
of the
Chief. .G. Corporals. Police Officers may be assigned from time to time by the Police Chief
as Corporals within the Patrol, Motors, or Canine units. Police Officers appointed to
these special assignments shall receive as compensation an additional eight percent (8%) per
month in addition to their regular salary. Corporals, while assigned as such, may not pyramid
special assignment pay for the following: Motor Officer, Investigator, Gang Unit Detective,
Canine,or Senior Officer. Corporals will, however, be permitted to pyramid their Corporal
special assignment pay with any or all of the following: Crime Scene Investigator, Training
Bonus,Bilingual Bonus, Shift Bonus, and CNT/SWAT pay. There is no period of
probation required as a Corporal, and no permanency or seniority may be obtained in such
assignment.Police Officers assigned to this special assignment serve at the pleasure of the Police
Chief and may be reassigned at the sole discretion of the Police Chief. For the purposes of
this section, there shall be no carry-over of payor rank upon re-assignment
or voluntary transfer to another unit. Corporals who accept assignments to Motor, Investigator,
Gang Unit Detective,or Canine shall lose their
status as Corporals.H. Senior Officer Pay. Sworn Police Officers not assigned to a special assignment
as defined in Sections 2 A, B, F, G, or K of this article shall receive five (5) percent
Senior Officer pay upon completion of six (6) years of sworn service with the
Orange Police Department.I. Shift Bonus. All employees who are assigned to shifts that start between 1200
hours (12:00 p.m.) arId 0600 hours (6:00 a.m.) and in addition who are either subject to
shift rotation or permanently assigned to a shift commencing within the above time frame shall
receive a two percent (2%) bonus based upon the employee's base salary. Employees not
subject to shift rotation and who are assigned shifts that start between 0600 hours (6:00 a.m.)
and 1200 hours 12:00 p.m.) are not entitled to this compensation. The "Bicycle Detail" as
well as "Motor Officer Detail" shall receive the 2% shift bonus regardless of the time the
shift begins. Shift assignments shall be made or revoked at the discretion of the
Chief of Police.J. CNT and SWAT. All employees assigned to Crisis Negotiation Team (CNT)
or SWAT shall receive an additional $50 per month in addition to their regular salary, for the
duration of this assignment. An assignment to the Swat or CNT team is not considered
permanent, and said assignment to or removal from these units is solely based upon the discretion
of the Police Chief or his designee. It is understood that the department does not need
cause or grounds for the removal of any employee from either of these teams. Such removal
is not considered to be a punitive action, and is not
subject
K. Gang Unit Rotators. Patrol Officers and Corporals may be specially assigned to the Gang
Unit by the Police Chief, who retains discretion to remove an employee from such special
assignment without cause. Patrol Officers assigned to the Gang Unit will receive seven and
one-half percent (7'/,%) compensation above their regular compensation, and Corporals
will continue to receive their eight percent (8%) Corporal pay. Gang Unit Rotators will serve
for a period of one year, which may, upon the mutual agreement of the employee and the Chief
of Police, be extended for a period up to an additional two (2) years. An employee of the
rank of Corporal who is specially assigned to the Gang Unit will retain their Corporal status
but may not pyramid the Gang Unit special assignment pay on top of their Corporal pay. At
the end of an employee's special assignment to the Gang Unit, the employee will resume
hislher regular patrol assignment.
Article X
CAREER DEVELOPMENT PROGRAM AND EDUCATIONAL REIMBURSEMENT
SECTION 1. Sworn Peace Officers hired prior to September I, 1984, shall be eligible to receive
Career Development Program pay according to the chart below. Employees who qualify for this
pay shall be compensated beginning on the first day of the next pay period following
qualification.
ADDITIONAL COMPENSATION
EFFECTIVE EFFECTIVE
REQUIREMENTS 12/01/1998 07/01/2001
A. POST Intermediate Certificate and
30-59 semester units $113.00 $63.
00 B. POST Intermediate Certificate
and 60-89 semester units $226.00 $
176.00 C. POST Advanced Certificate
and 90 semester units or more $338.00 $
288.00 D. POST Advanced Certificate
and a Bachelor's degree $451.00 $
401.
00
REQUIREMENTS
ADDITIONAL COMPENSATION
EFFECTIVE EFFECTIVE
12/0111998 07/01/2001
E.POST Advanced Certificate and
Master's degree in area related to
Law Enforcement or Public Management
from an accredited university, as
approved by the City Manager.564.00 514.00
SECTION 2. Sworn Peace Officers hired on or after September I, 1984, shall be eligible to
receive Career Development Program pay according to the chart below. Employees who qualify
for this pay shall be compensated beginning on the first day of the next pay period following
qualification.
ADDITIONAL COMPENSATION
EFFECTIVE
12/19/1999 07/0112001
REQUIREMENTS EFFECTIVE
A. POST Intermediate Certificate
and 30-59 semester units.100.00 50.
00 B. POST Intermediate
Certificate and 60-89 semester units.200.00
150.00 C. POST Advanced
Certificate and 90 semester units or more.300.00
250.00 D. POST Advanced
Certificate and a Bachelor's Degree.400.00
350.00 E. POST Advanced Certificate
and a Master's Degree in area related
to Law Enforcement or Public
Management from an accredited University
as approved by the City Manager.500.00
450.00 SECTION 3. EDUCATIONAL REIMBURSEMENT. The City will
reimburse employees for the costs of tuition, textbooks, health fees, and parking fees required for
approved community college and college courses. An approved course is one designated to directly
improve the knowledg(: of the employee relative to his specific job, or a course that fulfills
the requirements towards attainment of a degree in a job-related field, and must be approved by the
Chief of Police and the Personnel Director prior to registration. Reimbursement will be based
upon the final grade received. A final grade of "C" or better qualifies the employee for
1 00% reimbursement up to the amount specified in Section
4
SECTION 4. Educational reimbursement payments to an employee shall not exceed one
thousand dollars ($1,000.00) in anyone fiscal year and he must still be employed by the City
when the course is completed.
r-Article XI
UNIFORM ALLOWANCE
SECTION 1. The City will purchase uniforms for all regular, full-time and part-
time uniformed members of the Police Department. Qualified part-time members are
those employees scheduled in the budget to work at least twenty (20) hours a week on
a year-round basis.SECTION 2. Safety equipment as designated by the Chief of Police and/or
required by law will be
provided by the City.SECTION 3. All uniforms and/or safety equipment purchased by the
City shall remain the property of
the City
of
Orange.Article
XII HOLIDAYS SECTION 1.A. Employees covered by this Agreement shall receive each
January lone hundred (100)hours of holiday accrual to be taken as time off or converted to cash.
Accruals not used or converted to cash within the twelve (12) month period between
January 1 and December 31 shall be automatically converted to cash in the first pay period
of
the new calendar year.B. Employees assigned to classifications covered by this Agreement
afterJanuary 1 shall rect:ive prorated holiday accruals, one-twelfth (1/12) of
their holiday accrual for each month remaining in the twelve (12) month period between
January
1 and December 31.SECTION-1. Employees working on holidays designated below
shall receive double pay for hours worked on the holiday, which shall consist of holiday pay
plus the employee's regular straight time hourly pay for all hours worked, or time off equivalent
to the number of hours worked on the holiday. For the purposes of this provision each holiday
will be considered a ten 10) hour day. .Employees shall receive no other compensation for
working on a holiday, except that an employee who works hours in excess of regular scheduled
work shifts on a designated
holiday shall receive premium compensation.1) January
1 (New Year's Day)2) The third Monday
in
3) Last Monday in May (Memorial Day)
4) July 4 (Independence Day)
5) !First Monday in September (Labor Day)
6) :~ovember 11 (Veteran's Day)
7) :Fourth Thursday in November (Thanksgiving Day)
8) :Fourth Friday in November (Day after Thanksgiving)
9) December 25 (Christmas Day)
SECTION 3. Holiday hours shall be taken at the convenience of the City with the approval of
the Police Chief or his duly authorized agent.
SECTION 4. Employees who terminate their employment with the City prior to completing one
I) year of full-time employment shall receive the pro-rata portion of their holiday pay
in cash reimbursement. Pro-rated holiday shall be on the basis of one-twelfth (1112)
of the employee's annual holiday hours for each full month of service of the employee
during the
employee's
anruversary
year.Article XIII VACATION SECTIOl"i~ All full-time, regular employees who shall have one (
I) year's continuous service shall thereafter be entitled
to a vacation
as
follows:After Years
of Service 1
through
4
5
through
10
11
12
13 14
15 Vacation
Hours 80
hours 120
hours 128
hours 136
hours 144
hours 152 hours 160 hours After completion of fifteen (15) years of continuous
employment, all full-time regular employees described herein shall accrue an additional four (4) hours of vacation
per year up to a maximum of two hundred and twenty (220) vacation hours
after thirty (30)
yearscontinuous employment with the City.SECTIO]'l!..1. Vacation shall be taken at the convenience of the
City with the approval of the Police Chief or his duly authorized agent. Vacation hours not in
excess of hours earned in the immediately preceding twenty-four (24) month
period may be accumulated with the permission of the Police Chief and the Personnel Director. All
vacation hours in excess of the equivalent number of hours earned in the immediately preceding
twenty-four (24) month period shall not be accrued to the employees accumulated vacation, however,
the City will provide a warning
to
SECTION 3. An employee may convert up to fifty (50%) percent of his current annual vacation
accrual into pay in lieu of time off with pay. An employee requesting such a conversion must
meet the eligibility requirements as set forth in either Sections I or 2 above, and may so convert
once in a calendar year.
SECTION 4. Employees who terminate their employment shall be paid for all accrued vacation,
if any, and the prorated portion of their final accrual. Pro-rated vacation shall be on the basis
of one-twelfth (1/12) of the employee's annual vacation pay for each full month of service
of the employee during the employee's
anniversary
year.Artic1eXIV
PROBATIONARY PERIOD SECTION 1. An employee initially appointed to a classification shall serve
a probationary period during which he shall have an opportunity to demonstrate suitability for the
job. The probatiomuy period for police officers shall commence when appointed to the
classification or when the police officer completes the basic recruit academy, whichever is later,
and shall conclude twenty-six (26) pay periods later. The probationary period
for dispatchers shall commence when appointed to the classification and shall conclude twenty-
six (26) pay periods following the completion of the initial dispatcher training. The probation
for all other employees shall conclude twenty-six (26) pay periods after the date
of appointment to the classification.Under certain conditions, with the approval of the Personnel Director
and the Police Chief, the probation3lY period
may be shortened or extended.SECTION 2. The employee shall attain regular status
in the classification upon successful
completion of the probationary period.SECTION 3. Any probationary employee shall be entitled
to appeal termination or demotion action in ac:cordance with the Grievance Procedure set forth in this
Agreement but is restricted to the informal
process, Article XXV, Section 4.SECTION 4. Probation Period Re-hires. Any employee
who leaves City employment and is subsequently re-hired must serve a new
probationary
period
Article XV
OTHER LEAVES OF ABSENCE
SECTION 1. LEAVE WITHOUT PAY.
A. After all available leave benefits have been completely used, a regular employee not
tmder suspension may make application for leave without pay.
B. If the Police Chief and Personnel Director agree that such leave is merited and in the
interest of the City, leave may be granted for a period not to exceed six (6) months
following the date of expiration of all other leave benefits. No employment benefits
shall accrue to any employee on leave of absence without pay.
C. At the end of such leave, if the employee desires additional leave, written application
must be made to the Personnel Director, stating the reasons why the additional leave
is required and why it would be in the best interests of the City to grant same. If in
the Personnel Director's opinion such additional leave is merited, and would still
serve the best interests of the City, he may approve same for a period not to exceed an
additional six (6) months. If the employee does not return to work before or at the
cmd of the leave of absence or any extension thereof, the employee shall be
terminated.
D. Pill employee on leave of absence must give the City at least seven (7) days' written
notice of his intent to return to work. During a leave without pay in excess of five (5)
working days, no seniority shall be accumulated. Such leave shall be granted on the
same basis for pregnancy, childbirth and other medically related conditions, except
that such an employee shall retain her seniority rights.
E. JillY employee who engages in outside employment during said leave of absence
without permission of the Personnel Director and the Chief of Police or his duly
authorized agent may be subject to termination. Any employee who falsifies the
reason for request for said leave of absence may be terminated for falsifying a request
for leave of absence.
F. Notwithstanding Subsection (A), a regular employee not under suspension may make
application to the Police Chief or his designee for Leave Without Pay for injury or
illness not determined to be compensable under the Workers' Compensation Act. The
c:mployee must use all available sick leave up to a maximum of sixty (60) calendar
days prior to Leave Without Pay being granted.
G. At the convenience of the City with the approval of the Police Chief or his duly
authorized agent, an employee will have the option to use all or part of his available
sick leave, vacation and/or ATO prior to taking Leave Without Pay for the purposes
set forth in Subsection (F).
17
SECTION 2. PERSONAL NECESSITY LEAVE. Employees may be allowed up to one (I)
working day per month without pay for personal business with approval of the Police Chief.
Employees shall accrue no employment benefits for any personal necessity leave in excess of one
1) day per month. Such personal necessity leave shall be without pay and shall not be
accumulated from month to month.
SECTION 3. JURY DUTY. When required to serve on a jury, all employees shall have time
off for a period of actual service required on the jury. Employees shall receive their regular pay
while serviing on jury duty, provided all jury fees paid to the individual employee, less
automobile expenses allowed, are turned over to the City. If an employee is called as a law
enforcement witness, he shall receive normal pay upon the payment of any witness fees that
accrue to the employee for his witness services.
SECTION 4. MILITARY LEAVE OF ABSENCE. If an employee is required to take
military training two weeks or more each year, he shall be entitled to military leave of absence
under the provisions of State law, found in applicable sections of the Military and Veterans'
Code. Any exceptions to this provision shall be considered on a case-by-case basis,
with final approval of the
Personnel Director.SECTION 5. SICK LEAVE. Sick leave with pay shall be allowed, credited,
and accumulated in accordance with
the following:A. For employees working a regular forty (40) hour week, eight (8) hours of
sick leave will accrue for each month of
continuous service.B. For each day the employee is absent, the employee will be charged the
number of hours they are normally scheduled to work
that day.C. JillY employee eligible for sick leave with pay may use such leave for
the
following reasons:Medical and dental office appointments during work hours when
authorized by the Police Chief or his authorized agent;
and/or Personal illness or physical incapacity resulting from causes
beyond the employee's control, including pregnancy, childbirth and other
medically related conditions;
and/or 3) Forty eight (48) hours per calendar year (non-cumulative) may be
used for an absence caused by illness or injury of any
employees immediate family.Immediate family" as used in this subsection is limited to any
relation by blood,marriage or adoption who is a member of the employee's
household (under the same roof), and any parent, substitute parent, parent-
in-law, spouse, child, brother,or sister of
the
Notwithstanding subsection (2) above, no employee shall be eligible or entitled to
sick leave with pay for any illness or injury arising out of and in the course of City
employment.
D. Sick Leave Application. Except as provided in Section C (3) above, sick leave may be
applied only to absence caused by illness or injury of an employee and may not
e:xtend to absence caused by illness or injury of a member of the employee's family.
In any instance involving use of a fraction of a day's sick leave, the minimum charged
to the employee's sick leave account shall be one-half (Yz) hour, while
additional actual absence of over one (I) hour shall be charged to the nearest one-half (
Yz) hour.The Police Chief shall be responsible for control of employee abuse of the
sick leave privilege. Employees may upon prior notice be required to furnish a
certificate issued by a licensed physician or nurse or other satisfactory written evidence
of any
subsequent illness.E. Sick Leave Payout Program. Sick Leave shall be paid at the current rate of
pay less 7% pay increase described in Article XVIII, Section IC for civilian employees
or the 9% pay increase described in Article XVIII, Section ID for sworn employees
and be paid off according to the
following programs:Il)All sick leave accrued prior to January I, 1997 shall fall under the
following
payout program:a) Accumulated sick leave balances as of December 31,1996 shall be set
aside in a designated sick leave account and no further accumulation will be
placed in this banle This accumulated sick leave will be available for the
employee's use according to the provisions outlined in subsections C I), 2), 3)
and 4).b) Subject to the provisions of Section 6(E), upon retiring from City
service and entering the Public Employees' Retirement System, an employee
shall receive no pay for the first two hundred twenty eight (228) hours of
accrued sick leave, but shall receive ten percent (10%) pay for the next two
hundred and fifty two (252) hours after the first 228 hours of accrued sick leave,
and thirty five percent (35%) of all accrued sick
leave thereafter.Effective March I, 1996, payment will be based upon the employee'
s current rate of pay less the 7% pay increase described in Article XVIII Section I
C for civilian employees or the 9% pay increase described in Article
XVIII Section ID for
sworn employees.c) Upon the death of an employee while employed by the City,
one hundred percent (100%) of all accrued sick leave benefits accrued prior to
January I,1997 shall be paid to the beneficiary of the deceased employee.
Payment will be made when proper authorization for payment is received from the
estate of the
decedent employee.2)All sick leave accrued after December 31, 1996, shall be placed in a
new accrual bank, shall have no maximum accrual amount, and shall be paid at the
current
of pay less the 7% pay increase described in Article XVIII Section I C or the 9%
pay increase described in Article XVIII, Section ID; however, any hours
accumulated in excess of three hundred fifty..two (352) hours shall not be eligible
for any ofthe following payout programs:
a) Employees with accumulated sick leave balances of less than three hundred
fifty-two (352) hours, combining both sick leave accounts described
in subparagraphs I) and 2) of Section "En of this Article in the calculation
to determine eligibility, shall fall under the following payout
provision:Employees who use less than thirty (30) hours of sick leave during the
current calendar year period shall be eligible to cash out, or credit to
their accumulated vacation, sixteen (16) hours of their accumulated sick
leave.Sixteen (16) hours will be deducted from their new accumulated sick
leave bank. The employee must file a sick leave payout designation form
by December I" of each calendar year in order to receive the sixteen (16) hours
in either cash or vacation accumulation beginning January 1998 and
each subsequent January. Any sick leave converted to vacation shall be subject
to the provisions described under Article XIII, Vacation. If no designation
form is filed, the hours will automatically remain in the employee's new sick
leave accumulation
account.b) Employees with accumulated sick leave balances of three hundred
fifty-two 352) hours or more, combining both sick leave accounts in the
calculation to determine eligibility, shall fall under the following
payout provisions:A full-time employee may convert unused sick leave from
the calendar year max. 96 hours) to cash or accumulated vacation at a rate
of fifty percent 50%) of their current payrate. For eX3lnple, an employee who
uses no sick leave during the calendar year may fi>rfeit that ninety-
six (96) hours of accumulated sick leave in exchange for forty-
eight (48) hours of payor accumulated vacation. The employee must
file a sick leave payout designation form by December I" of each calendar year
in order to receive the remaining unused sick leave in either
cash or vacation accumulation beginning January, 1998 and each subsequent January.
Any sick leave converted to vacation shall be subject to the
provisions described under Article XIII,Vacation. If no designation form is filed,
the hours will automatically remain in the employee's
new sick leave accumulation account.c) Upon separation of employment from the City for
any reason, for sick leave hours accumulated after December 31, 1996, an
employee shall receive no pay for the first one hundred (100) hours (0 to 100
hours) of accrued sick leave,but shall receive twenty- five percent (25%) pay for
up to the next one hundred (100) hours, (101 to 200 hours) of
accrued sick leave and fifty percent (50%) pay of any remaining accrued sick
leave up to
one
d) Upon the death of an employee while employed by the City, one hundred
percent (100%) of all accrued sick leave benefits up to three hundred fifty-
two 352) hours shall be paid to the beneficiary of the deceased
employee.Payment will be made when proper authorization for payment is
received from the estate of the decedent
employee.SECTION 6. INDUSTRIAL LEAVE. A regular employee who is temporarily or
permanently incapacitated as a result of injury or illness determined to be compensable under the
Workers'Compensation Act shall be granted industrial leave on the following terms and
conditions:A. A sworn employee granted industrial leave shall continue to be compensated at
his regular rate in lieu of temporary disability payments. Any temporary
disability payments made to the employee by the State Compensation Insurance Fund shall
be remitted to the Finance
Department.B. A civilian employee granted industrial leave shall continue to be compensated at
his regular rate of pay during the first thirty (30) calendar days of his injury.
Following this period, the employee still on approved industrial leave shall be compensated
at eighty percent (80%) of his regular rate of pay up to a maximum01'335 calendar
days in lieu oftemporary disability
payments.C. 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 as a result of the injury or illness, then the employee'
s sick leave shall be charged to reimburse the City for any payments made to
the employee pursuant to (A) and (B)
above.D. A regular employee who is temporarily or pennanently incapacitated as a result
of injury or illness determined to be compensable under the Workers' Compensation
Act shall be granted industrial leave in accordance with Labor Code Section
4850.E. In accordance with Section 5(C)(4) above, an employee granted an
industrial disability retirement shall not be entitled to any compensation for accumulated
sick leave
hours.SECTION 7. BEREAVEMENT LEAVE. Regular full-time employees shall be
entitled to take three days bereavement leave per incident on the following terms
and
conditions:A. Bereavement Leave may only be used upon the death or critical illness where a
death appears to be imminent in the employee's immediate family. "Immediate family"
as defined for the purposes of this Section shall be limited to: I) any relation by
blood,marriage or adoption, who is a member of the employee's household (living at
the same address); or 2) any parent, substitute parent, parent-in-law,
grand parent, aunt,uncle, spouse, child, brother, or sister of the employee,
regardless of residence.B. A maximum of three (3) days of paid bereavement leave shall
be provided per incident. Subject to the approval of the Police Chief or his
designee,
off with pay may be taken and charged to the employee's accumulated vacation or
accumulated compensatory time off account.
C. Bereavement leave shall not accrue and may not be carried forward into the next
calendar year if not used.
D. An employee on bereavement leave shall inform his immediate supervisor of the fact
and the reasons therefore as soon as possible. Failure to inform his immediate
supervisor within a reasonable period oftime may be cause for denial of bereavement
l'~ave with pay for the period of absence.
Article XVI
PART-TIME EMPLOYEE
BENEFITS SECTION 1. PART-TIME EMPLOYEES. Part-Time employees who are
scheduled in the budget to work on an average of at least twenty (20) hours per week on a year-
round basis will be entitled
to pro-
rated
fringe benefits.Article XVII INSURANCE SECTION 1. HEALTH INSURANCE. The City
shall contract with PERS (Public Employees' Retirement System) to make available
those health insurance benefits provided under the Public Employees Medical and Hospital Care
Act (PEMHCA). The PERS Health Benefits Pl2m shall replace any other health benefits program maintained
by the City for eligible employees, eligible retirees,
and their eligible surviving annuitants.A. Except 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 each eligible active employee, and to the extent required by law,
each eligible retiree annuitant ofPERS,an equal. contribution
of $16.00 per month.B. Flexible Benefits Plan. For active full time eligible employees,
effective March 1,2001, the City shall pay $530.00 per month to provide funds for
optional dental plans, vision plans,health plans, or miscellaneous pay established in the
Section 125 Flexible Benefits Plan.Effective March I, 2002 this provision shall increase to $570.
00 per month. Effective March 1,2003 this provision shall increase to $579.00 per month. The
City's payment toward the Flexible: Benefit Plan is in addition to the $16.
00 payment in Section A.C. Any amounts in excess of the amounts designated in Section A
and 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
spouse) is enrolled without being covered as a family member. Additionally, an employee
may choose to not be enrolled in the Health Benefits Plan. If an employee chooses not to be
enrolled in a health plan, the employee must provide proof, as determined by the Personnel
Department, that comparable medical insurance is in full force and effect. Based upon
determination that insurance is in full force and effect, eligible employees shall receive $200
per month toward the Flexible Benefits Plan. If the employee and spouse are both covered
by this agreement, the employee who chooses not to enroll shall receive $280.00 per month
towards the Flexible Benefits Plan. In the event that the employee loses eligibility (with
documentation) then the employee may re-enroll in the PERS Health Benefits Plan
pursuant to the PERS Health Benefits
Plan.E. In the ,~vent an employee covered under this memorandum is killed in the line of duty,
the City shall make the premium contributions specified in Section IB Flexible Benefits
Plan listed above for up to five (5) years to any eligible dependent. Premium amounts in excess
of the City's contribution shall be borne by the eligible dependent. Once a dependent
becomes eligible for insurance coverage under another health plan, eligibility for coverage under
this section shall cease. The Police Chief and Personnel Director shall determine whether
the employee's death qualifies as "killed in the line of
duty".F. In the ,~vent an employee covered under this memor3l1dum dies for reasons other than
the result of being killed in the line of duty, the City shall make the premium
contributions specific:d in Section IB Flexible Benefits Plan listed above for up to one (1) year to
any eligible dependent. This benefit shall be prorated based upon the employee's years
of
service:Percent of Premium
Contribution Paid byCityYearsof
Service 0-10 years
of service 11-15
years of service 15+
years of service 50%
of premium contribution 75%
of premium contribution 100%
of premium contribution Premium amounts in excess of the City's contribution shall be borne
by the eligible dependent. Once a dependent becomes eligible for insurance coverage
under another health plan, eligibility for coverage under this
section shall cease.SECTION 2. A long-term disability insurance plan shall be selected
by the Association and shall be open to all employees set forth in Article I Section I. If, during
the term of this Agreement, the Association desires to change the carrier or the method of
funding, then the City shall be given sixty (60) days prior written
notice of such intent.SECTION 3. The City shall contribute the full premium towards a $
23,000 life insurance benefit. The City shall have the right to change life insurance carriers
and administer the life
insurance benefits provided herein.SECTION 4. RETIREE MEDICAL TRUST. On July I, 2000,
COPA established and created the "Premium Reimbursement Plan of the City of Orange
Police
Trust.n The plan was voted on and approved by a majority of the members ofCOPA. This Trust
is governed by the Trust Agreement and Premium Reimbursement Plan documents. The purpose
of the Trust Fund is to provide an entity to which contributions from participating employees can
be paid and through which the elected or appointed Trustees can create and administer one or
more employee welfare benefit plans for the participating employees on whose behalf the
contributions have been paid and their beneficiaries. These benefits will be paid to the
employees by the Trust as set forth in the Trust Agreement and Premium Reimbursement Plan.
Further, in accordance with Internal Revenue Code Section 50lc and a majority vote of the
COPA membership, all employees shall contribute to the plan. As of the date of this
Memorandlun of Understanding, the City does not contribute any funds to the plan, but has
agreed to withhold a pre-tax amount from each employee's paycheck, an amount which is set
in accordance with the by-laws of the Benefit Trust. The City then pays these deductions
to the Trust as soon as practical. This amount may change according to the rules and
guidelines set forth in the Trust Agreement and Reimbursement Plan. The responsibility for
the maintenance and investment of the Trust funds rests solely with the Trust's Board of Trustees and
COP A.
Article
XVIII RETIREMENT SECTION 1. Employees covered by this Agreement shall participate in the
Public Employees'Retirement System (PERS). The City shall pay all required employer contributions for (
I) the 2% at age 50 retirement formula, as set forth in Section 21362 of the
California Government Code, for all safety members of PERS (i.e., sworn employees covered by this
Agreement); and 2) the 2% at age 55 formula for all civilian employees covered by
this Agreement.A. The City shall amend its contract with PERS to grant the safety members
of PERS effe,~tive May 20, 2001 the 3% at age 50 Retirement Formula as set forth
in Section 21362.2 of the California Government Code. If prior to February 29, 2004, the
City's employer contribution rate increases above 7.0%, because the cost of
implementing the 3% @ 50 formula was greater than anticipated in the Cal-Pers cost
analysis dated October 27, 2000, the parties shall share equally any amount above 7.0%
that is specifically attributable to the elevated cost of 3% @ 50. The parties shall meet and
confer on the method or manner through which the Association's share ofthe cost
shall be paid.B. Both sworn and civilian employees shall pay the employee
retirement contribution rate through payroll deduction to the Public Employees' Retirement
System. In addition,effe,~tive December 7, 1997, civilian employees covered by this
Resolution were required to pay 4% of their salary, pre-taxes, to fund the enhanced PERS 2%
at
age 55retirement fornlUla.C. Effe:ctive July 2, 2000, civilian employees will no longer be required to
pay 4% of their salary, pre-taxes, to fund the enhanced PERS 2% @
55 retirement formula. However, if at any time in the future, the City's "
employer contributionn rate for miscellaneous employees increases above zero percent (0%), the
City
evaluation to determine what portion of that employer contribution rate is due to the cost
of the 2% @ 55 benefit. If any portion of the future employer contribution rate for
miscellaneous employees is based on the cost of the 2% @ 55 benefit as compared to the
2% @ 60 benefit, all covered civilian employees agree to pay that portion of the
employer rate, through pre-tax payroll deductions, attributable to the cost of the 2% @
55 benefit, with a minimum of0.5% to a maximum of 4.0% of
salary.D.The: City shall implement the provisions of Section 414(h)(2) of the Internal
Revenue Code, which allow that the employee contribution to the Public Employees'
Retirement System will be treated as employer contributions for federal and state tax
purposes.E.The: base salary of civilian employees covered by this agreement shall be increased
by 7%. This salary is "compensation earnable" as defined in Section 20023 of the
California Government Code. It shall be reported as such to the Public Employees'
Retirement System. For purposes of determining other salary bonuses or assignment pay, payoffs
of sick leave or vacation accruals, but not overtime compensation, this 7% increase shall
not be ,considered, and those calculations shall be based upon the employee's base
salary reduced by
7%.F.The: base salary of sworn employees covered by this agreement shall be increased by
9%.This salary is "compensation earnable" as defined in Section 20023 of the
California Government Code. It shall be reported as such to the Public Employees'
Retirement System. For purposes of determining other salary bonuses or assignment pay, payoffs
of sick leave or vacation accruals, but not overtime compensation, this 9% increase shall
not be considered, and those calculations shall be based upon the employee's base
salary reduced by
9%.G.The employee will be provided with a biweekly payroll statement showing the amount
of contribution as
deferred.H.The: City will provide the 1959 PERS Survivors Benefit at the Third Level
Option.Article
XIX SAFETY AND HEALTH
FITNESS SECTION~ The City and the employees of the City agree to comply with all
applicable federal and state laws which relate to health and
safety.SECTION 2. HEALTH FITNESS PROGRAM. In 311 effort to improve and maintain
the physical and mental well being of all sworn Police personnel, and to reduce the frequency
and intensity of work-related injuries and illness, C.O.P.A. and the City agree to
the following:
A.
I) As a condition of employment, employees hired after September I, 1984 shall
refrain from smoking while on duty and effective March 6, 1994 new employees
shall refrain from using any tobacco products while on duty.
2:) Existing employees will be encouraged but not required to become non-
smokers.Employees will be provided with information, training, and/or other assistance
as necessary to assist in such
effort.3) Designated smoking/non-smoking areas will be established in
Police Department buildings
and facilities.B. Drug and Alcohol Program. C.O.P.A. agrees to support the City-
wide drug and alcohol policy for all personnel and will continue to enforce
all Orange Police department policies regarding drug and alcohol use
for sworn
personnel.Article XX
TRAVEL EXPENSE ALLOWED SECTION 1. The parties agree to incorporate by reference Department Order
No. 85 and existing departmental policies and written procedures covering the subject
of travel expense allowance. The City will provide reimbursement for employees who use a
personal vehicle for City business, at the maximum rate per mile provided under the
current IRS
guidelines.Article XXI EMPLOYEE ORGANIZATIONAL
RIGHTS AND RESPONSIBILITY SECTION 1. DUES DEDUCTIONS. The City shall deduct dues, on a regular
basis, from the pay of all employees recognized to be represented by the Association,
who voluntarily authorize such deduction, in writing, on a form to be provided for this purpose which is
mutually agreed to by the Association and the City. The City shall remit such funds to the
Association within ten 10) days
following their deduction.SECTION 2. INDEMNIFICATION. The Association agrees to hold the
City harmless and indemnify the City against any claims, causes of actions, or lawsuits arising out
of the deductions or transmittal of such funds to the Association, except the intentional failure of
the City to transmit, to the Association, moneys deducted from the employees pursuant
to this
Article.Article
XXII
SECTION 1. PURPOSE. The purpose of this article is to establish and communicate the City's
procedures when a lay-off or reduction in force is necessary. All Divisions or
assignments within the Department are subject to lay-offs or reductions in force at the direction of
the
City Manager.SECTION 2. POLICY. The City retains the right to abolish any position, reduce the work
force and lay-off employees when it becomes necessary due to economic
conditions, organizational changes, lack of work, or because the necessity of a position no longer exists.
The following criteria shall be followed during a layoff or reduction
in force.SECTION
3. PROCEDURE.A. The order of layoff or reduction in force within the Department and
by classification shall be in the
following order.I) Temporary employees (19 hours
or less)2)
Probationary employees 3) Regular
part-time employees 4)
Regular full-time employees B. The order of lay-offs and reductions in force shall
be based on Department seniority within the classification as
calculated by the Personnel Director.C. Whenever an employee is to be laid off, he may transfer
or demote to a vacant position in a lower classification that he
previously held within the Police Department. The employee may also transfer or demote to
a vacant position in
any other Department provided that:I )the position is
the same or lower classification;2)the position is authorized, budgeted and the City
intends to fill the vacancy;3)the employee meets the
qualification of the new position.D. Whenever an employee is to be laid off, he may transfer or
demote to a filled position in a lower classification within the
Police Department provided that he:I) previously held or supervised a
position
in the lower classification;2) meets or can reasonably meet the qualifications for
the new position as determined
by the Personnel Director;3) possesses greater seniority with the Police Department to
displace an employee
in the lower classification;4) requests the demotion in writing within seven days of
receiving
fi) Such demotions or transfers shall be from classification to classification without
regard for previously held special assignments. Employees have no right to
assume a previously held special assignment;
6)Management employees who demote or transfer to a lower classification may not
displace another employee in a special assignment unless that employee is laid off
due to the order oflay-off as established per Section
3A.E. Employees from other Departments may not fill vacancies in the Police
Department tmless all qualified Police employees have refused to accept the vacant
position.Employees from other Departments may not displace Police
Employees.F. Employees to be laid off shall be provided written notice at least seven days
in advance of the lay-off. Notice will be hand delivered to the
employee whenever possible. If personal delivery is not possible, the notice must be sent by
certified mail to the last known address of
the employee.G. Regular employees who are laid off shall be placed on a re-employment
list for the last classification held. Names shall be placed on the list in inverse
order of seniority last released-first re-hired). Vacancies to be filled will
be offered first to
employees on the re-hire list.Other hiring departments must give
priority consideration to those employees who appear on a re-hire list for the same
or similar classification. If eligible employees are not selected for re-hire, the
reason for
non-selection must be approved by the Personnel Director.Employees re-hired by
the Police Department must first meet all State and local requirements for
the position. Such requirements include, but are not
limitedto:
POST certification, background investigation, psychological evaluation and medical c:learance.Names of qualified
individuals shall remain on the re-hire list for two years.Individuals who refuse to accept
a re-hire or who do not respond within seven days to a written notice that
has been sent to their last known address shall be removed from the
re-hire list. It is the employee's responsibility to provide the
Personnel Department with a current
mailing address.
Once re-
hired, the employee will be removed from all re-hire lists.Article XXIII CITY RIGHTS SECTION
1. The City reserves, retains, and is vested with, solely and exclusively,
all rights of Management which have not been expressly abridged by specific provisions of this Memorandum of
Understanding
execution of this Memorandum of Understanding. The sole and exclusive rights of Management,
as they are not abridged by this Agreement or by law, shall include, but not be limited to, the
following rights:
A. To manage the City generally and to determine the issue of policy.
B.
To determine the existence or non-existence of facts which are the basis of the
Management decision.
C. To determine the necessity of organization of any service or activity conducted by the
City and expand or diminish services.
D. To determine the nature, manner, means, and technology, and extent of services to be
provided to the public.
E. Methods of financing.
F. Types of equipment or technology to be used.
G. To determine and/or change the facilities, methods, technology, means, and size of
the work force by which the City operations are to be conducted.
H. To determine and change the number of locations, relocations, and types of
operations, processes, and materials to be used in carrying out all City functions
including, but not limited to, the right to contract for or subcontract any work or
operation of the City.
I. To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and ch3l1ge work schedules and assignments.
J. To relieve employees from duties for lack of work or similar non-
disciplinary
reasons.K. To establish and modify productivity and perfonnance programs and
standards.
L. To discharge, suspend, demote, or otherwise discipline employees for proper cause in
accordance with the provisions of procedures set forth in Departmental Disciplinary
Procedure.
M. To determine job classifications and to reclassify employees.
N. To hire, transfer, promote, and demote employees for non-disciplinary reasons
in accordance with this Memorandum of
Understanding.O. To determine policies, procedures, and st3l1dards for selection, training,
and promotion of
employees.
P. To establish employee performance standards including, but not limited to, quality
and quantity standards; and to require compliance therewith.
Q. To maintain order and efficiency in its facilities and operations.
R. To establish and promulgate and/or modify rules and regulations to maintain order
and safety in the City which are not in contravention with this Agreement.
S. To take any and all necessary action to carry out the mission of the City III
emergencies.
SECTION 2. Except in emergencies, or where the City is required to make changes in its
operations because of the requirements of law, whenever the contemplated exercise of
Management's rights shall impact on a significant number of employees of the bargaining unit,
the City agrees to meet and confer in good faith with representatives of the Association regarding
the impact of the contemplated exercise of such rights prior to exercising such rights, unless the
matter of the exercise of such rights is provided for in this Memorandum of Understanding.
Article XXIV
NO STRIKE
PROHIBITED CONDUCT
SECTION 1. The Association, its officers, agents, representatives, and/or members agree that
during the term of this Agreement, they will not cause or condone any unlawful strike, walkout,
slowdown, sick-out, or any other unlawful job action by withholding or refusing to
perform
services.SECTION 2. Any employee who participates in any conduct prohibited in Section I above
shall be subject to termination by the City in accordance with the procedures set forth in
applicable State laws and Departmental Disciplinary
Manual.SECTION 3. In addition to any other lawful remedies or disciplinary actions available to
the City, if the Association fails, in good faith, to perform all responsibilities listed below in
Section I, Association Responsibility, the City may suspend any and all of the rights,
privileges,accorded to the Association under the Employer-Employee Relations Resolution
in this Memorandum of Understanding, including but not limited to suspension of
the Grievance Procedure 2md
dues deduction.
ASSOCIATION RESPONSIBILITY SECTION 1. In the event that the Association, its officers, agents, representatives,
or members engage in any of the conduct prohibited in Section I above, Prohibited Conduct,
the Association shall immediately instruct any persons engaging in such conduct that their conduct is
in
of this Memorandum of Understanding and unlawful, and they must immediately cease engaging
in conduct prohibited in Section I above, Prohibited Conduct, and return to work.
SECTION 2. The City agrees to hold the Association harmless and indenmify the Association
against any claims, causes of actions, or lawsuits arising out of damages related to prohibited
conduct in Section I above, Prohibited Conduct, when the Association, in good faith, performs
its responsibilities under Section I above, Association Responsibility.
Article XXV
GRIEVANCE PROCEDURE
SECTION 1. DEFINITION OF GRIEVANCE. A grievance shall be defined as a timely
complaint by an employee or group of employees or the Association concerning the
interpretation or application of specific provisions of this Memorandum of Understanding, or of
the Rules and Regulations governing personnel practices or working conditions of the City.
No employee shall suffer any reprisal because of filing or processing of a grievance or
participating in the Grievance Procedure.
SECTION 2. BUSINESS DAYS. Business days mean calendar days, exclusive of Saturdays,
Sundays, and legal holidays recognized by the City.
SECTION 3. TIME LIMIT FOR FILING WRITTEN FORMAL GRIEVANCES. The
time limits for filing written formal grievances shall be strictly construed, but may be extended
by mutual agreement evidenced, in writing, and signed by a duly authorized representative of the
City and of the grieving party. Failure of the grieving party to knowingly fail to comply with any
of the time: limits set forth herein shall bar further processing of the grievance. Failure of the
City to comply with the time limits set forth in this Article shall automatically move the
grievance to the next level in the Grievance Procedure. The grieving party may request the
assistance of the Association in presenting a grievance at any level of review or may represent
himself. Grievances shall be presented on City time.
SECTION 4. INFORMAL PROCESS. An employee must first attempt to resolve the
grievance elll an informal basis by discussion with his immediate supervisor without undue delay,
or in no case, more than five (5) business days.
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 Chief of Police. In order that this informal procedure may be responsive, all parties involved
shall expedite this process. When, within five (5) business days, a mutually acceptable solution
has not been reached at the informal level, the employee shall submit the grievance in writing,
on a Grievance form, to be mutually agreed to by the City and the Association, to the Chief
of Police. The grievant is to state the remedy requested to resolve the grievance. At this point,
the grievance hearing process becomes formal. Should the grievant fail to file a written 31
grievance within ten (10) business days, as outlined under this Section (Section 4), the grievance
shall be barred and waived.
SECTION 5. FORMAL PROCESS, PERSONNEL DIRECTOR, CHIEF OF POLICE. If
the grievance is not resolved through the informal process, and a written grievance is filed within
the time limits set forth above, the grievant shall discuss the grievance with the Personnel
Director and the Chief of Police. The Personnel Director and the Chief of Police shall render a
decision and comments, in writing, regarding the merits of the grievance and return them to the
grievant within ten (10) business days after receiving the grievance.
SECTION 6. FORMAL PROCESS, CITY MANAGE~. If the grievance is not resolved in
Section 5 above, or if no answer has been received from the Personnel Director and Chief of
Police within ten (10) business days from the presentation of the written grievance to the
Personnel Director and the Chief of Police, the written grievance shall be presented to the City
Manager, or his duly authorized representative, for determination. Failure of the grievant to take
this action will constitute a waiver and bar to the grievance, and the grievance will be considered
settled on the basis of the last Management grievance response. The City Manager, or his duly
authorized representative, shall render a final decision on the merits of the grievance and
comments, in writing, and return them to the grievant within ten (10) business days after
receiving the grievance. After this procedure is exhausted, the grievant, the Association, and the
City shall have all rights and remedies to pursue said grievance under the law.
In grievanc:es filed to challenge the imposition of all discipline, except terminations, the final
step in the formal administrative process shall be a decision rendered by a Hearing Officer
following a full and fair evidentiary hearing conducted by a Hearing Officer. If the parties
cannot agree on the identity of the Hearing Officer, the parties shall procure from the State
Conciliation Service a list of seven (7) qualified Hearing Officers. Each party shall alternatively
strike one name from the list until only one person remains, who shall be the Hearing Officer.
The determination as to which party strikes first shall be made on a random basis.
The Hearing Officer shall determine whether good cause exists for the imposition of discipline
and, if so, the appropriate degree of discipline, provided that the Hearing Officer may not impose
more sever,e discipline than that assessed by the Police Department. The decision of the hearing
officer is subject to the right of either party to seek judicial review pursuant to Section 1094.5 of
the Califomia Code of Civil Procedure. The cost of the Hearing Officer shall be split equally
between th,~ City and the Police Association.
Article XXVI
MISCELLANEOUS PROVISIONS
SECTION 1. PURGING OF DISCIPLINE DOCUMENTATION. An employee may request
to purge documentation of discipline older than five (5) years from the date of the discipline from
his department file, including the employee performance evaluations which refer to the discipline
being purged. Portions of a performance evaluation relating to disciplinary action may be
deleted solely at the discretion of the Police Chief. The Police Chiefreserves the right to retain
32
or purge documents requested by an employee under this section. Copies of any discipline
forwarded amd retained in the Personnel Department will remain in the employee's personnel
file, howeve~r, if the discipline documentation meets the five (5) years criteria, the employee may
request to have the purged documents placed in a sealed envelope within the personnel file.
This action must be approved by the Personnel Director.
Article XXVII
SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING
SECTION L It is the intent of the parties hereto that the provisions of this Memorandum of
Understanding shall supersede all prior agreements and memorandums of agreement, or
memorandums of understanding, or contrary salary and/or personnel resolutions or
Administrative Codes, provisions of the City, oral and written, expressed or implied, between the
parties, and shall govern the entire relationship and shall be the sole source of any and all rights
which may be asserted herein. This Memorandum of Understanding is not intended to conflict
with federal or state law.
Article XXVIII
WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT
During the term of this Memorandum of Understanding, the parties mutually agree that they will
not seek to negotiate or bargain with regard to wages, hours, and terms and conditions of
employment, whether or not covered by the Memorandum or in the negotiations leading thereto,
and irrespective of whether or not such matters were discussed or were even within the
contemplation of the parties hereto during the negotiations leading to this Memorandum.
Regardless of the waiver contained in this Article, the parties may, however, by mutual
agreement, in writing, agree to meet and confer about any matter during the term of this
Memorandum.
Article XXIX
EMERGENCY WAIVER PROVISION
In
the event of circumstances beyond the control of the City, such as acts of God, fue, flood,insurrection,
civil disorder, national emergency, or similar circumstances, provisions of the Memorandum
of Understanding or the Personnel Rules or Resolutions of the City, which restrict the
City's ability to respond to these emergencies, shall be~ suspended for the duration of such emergency.
After the emergency is declared over, this Memorandum of Understanding will be reinstated
immediately. The Association shall have the right to meet and confer with the City regarding
the impact on employees of the suspension of the provisions in the Memorandum of Understanding
during the course of the emergency.33
Article XXX
SEPARABILITY PROVISION
Should any provision ofthis Memorandum of Understanding be found to be inoperativ~oid, or
invalid by a court of competent jurisdiction, all other provisions of this Memorandum of
Understanding shall remain in full force and effect for the duration of this Memorandum of
Understanding.
Article XXXI
TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding shall commence on March I, 200 I and shall
continue in full force and effect until February 29,2004.
Article XXXII
RATIFICATION AND EXECUTION
The City and the Association have reached an understanding as to certain recommendations to be
made to the City Council for the City of Orange and have agreed that the parties hereto will
jointly urge said Council to adopt a new wage and salary resolution which will provide for the
changes contained in said joint recommendations. The City and the Association acknowledge
that this Memorandum of Understanding shall not be in full force and effect until adopted by the
City Council of the City of Orange. Subject to the foregoing, this Memorandum of
Understanding is hereby executed by the authorized representatives of the City and the
Association and entered into this UttPay of March _, 2001.
CITY OF'CITY OF ORANGE
POLICE ASSOCIATION
by: ,4~ /Ld~_
f IA .'. ()
by: . '--01.;( .\/ , C-l,(
Aj,~(
b':}
by:by:
by:
by:by:
by:by:
34
EXHIBIT "1"
CITY OF ORANGE POLICE ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE JUNE 18,2000
STEP STEP STEP STEP STEP
Salary STEP B C D E F
Classification Title Range A After 1 After 1 After 1 After 1 After 1
year year year year year
Crime Prev'~ntion Specialist 421 2912 3060 3216 3380 3553 3734
Forensic Specialist 459 3519 3699 3887 4086 4294 4513
Parking Control Officer 380 2373 2494 2621 2755 2896 3043
Police Armorer 393 2532 2661 2797 2940 3090 3247
Police Cleric 364 2191 2303 2420 2544 2673 2810
Police Computer Coordinator 396 2570 2701 2839 2984 3136 3296
Police Dispatcher I 396 2570 2701 2839 2984 3136 3296
Police Dispatcher II 422 2926 3075 3232 3397 3570 3752
Police Dispatch Shift Supervisor 442 3233 3398 3571 3753 3945 4146
Police Division Secretary 397 2583 2715 2853 2999 3152 3313
Police Offi<:er 473 3774 3966 4168 4381 4604 4839
Police Records Shift Supervisor 424 2955 3106 3265 3431 3606 3790
Police Services Officer 393 2532 2661 2797 2940 3090 3247
Police Volunteer Coordinator 421 2912 3060 3216 3380 3553 3734
Property Officer 411 2770 2911 3060 3216 3380 3552
Senior Police Clerk 384 2421 2544 2674 2811 2954 3105
Senior Police Services Officer 413 2798 2940 3090 3248 3414 3588
35
CITY OF ORANGE POLICE ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE JULY 1, 2001
STEP STEP STEP STEP STEP
Salary STEP B C D E F ~
Classificatiion Title Range A After 1 After I After 1 After I After 1
year year year year year
Crime Prevention Specialist 427 3000 3153 3314 3483 3660 3847
Forensic Specialist 465 3626 3811 4005 4210 4424 4650
Parking Control Officer 386 2445 2570 2701 2839 2984 3136
Police Armorer 399 2609 2742 2882 3029 3183 3346
Police Clerk 370 2258 2373 2494 2621 2755 2895
Police Computer Coordinator 402 2648 2783 2925 3075 3231 3396
Police Dispatcher I 404 2675 2811 2955 3105 3264 3430
Police Dispatcher II 430 3045 3201 3364 3535 3716 3905
Police Dispatch Shift Supervisor 448 3331 3501 3680 3867 4065 4272
Police Division Secretary 403 2662 2797 2940 3090 3248 3413
Police Offieer 480 3908 4107 4317 4537 4768 5011
Police Records Shift Supervisor 430 3045 3201 3364 3535 3716 3905
Police Services Officer 399 2609 2742 2882 3029 3183 3346
Police Voltmteer Coordinator 427 3000 3153 3314 3483 3660 3847
Property Officer 417 2854 3000 3153 3313 3482 3660
Senior Police Clerk 390 2495 2622 2755 2896 3044 3199
Senior Police Services Officer 419 2883 3030 3184 3347 3517 3697
36
CITY OF ORANGE POLICE ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE JUNE 30, 2002
STEP STEP STEP STEP STEP
Salary STEP B C D E F
Cla!Osification Title Range A After 1 After 1 After 1 After 1 After 1
year year year year year
Crime Prevention Specialist 433 3091 3249 3415 3589 3772 3964
Forensic Specialist 471 3736 3927 4127 4338 4559 4791
Parking Control Officer 392 2520 2648 2783 2925 3074 3231
Police Arrnorer 405 2688 2825 2969 3121 3280 3447
Police Clerk 376 2326 2445 2570 2701 2838 2983
Police Computer Coordinator 408 2729 2868 3014 3168 3330 3499
Police Dispatcher I 410 2756 2897 3044 3200 3363 3534
Police Dispatcher II 436 3138 3298 3466 3643 3829 4024
Police Dispatch Shift Supervisor 454 3433 3608 3792 3985 4188 4402
Police Division Secretary 409 2742 2882 3029 3184 3346 3517
Police Officer 487 4047 4253 4470 4698 4937 5189
Police Records Shift Supervisor 436 3138 3298 3466 3643 3829 4024
Police Services Officer 405 2688 2825 2969 3121 3280 3447
Police Vohlllteer Coordinator 433 3091 3249 3415 3589 3772 3964
Property Officer 423 2941 3091 3248 3414 3588 3771
Senior Police Clerk 396 2570 2701 2839 2984 3136 3296
Senior Police Services Officer 425 2970 3122 3281 3448 3624 3809
COPA and the City will conduct a salary survey by or before July 30, 2002 of the eleven (II) pre-
selected cities to determine the maximum (top step) salary for each classification covered by this
MOU. The contractual July 2002 salary data from the survey agencies as wen as the City of Orange
will be utilized for any necessary adjustments. In the event that any classification is below the
median of the eleven (11) surveyed cities, the City shall increase the entire salary range of that
classifieation to a maximum of 2.0%. The effective date for any applicable salary increases will be
June 30, 2002. The eleven (II) pre-selected cities are Anal1eim, Brea, Costa Mesa, Fountain
Valley,Fullerton, Garden Grove, Huntington Beach, Irvine, Newport Beach, Santa Ana, and
Westminster.The City will not increase the salary for any classification if said classification is less than 1.
0%behind
median.
CITY OF ORANGE POLICE ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE JUNE 29, 2003
STEP STEP STEP STEP STEP
Salary STEP B C D E F
Classification Title Range A After 1 After 1 After 1 After 1 After 1
year year year year year
Crime Prevention Specialist 439 3185 3348 3518 3698 3886 4084
Forensic Specialist 477 3850 4046 4252 4469 4697 4937
Parking Control Officer 398 2596 2728 2868 3014 3168 3329
Police Armorer 411 2770 2911 3060 3216 3380 3552
Police Clerk 382 2397 2519 2648 2783 2925 3074
Police Computer Coordinator 414 2812 2955 3106 3264 3431 3606
Police Dispatcher I 416 2840 2985 3137 3297 3465 3642
Police Dispatcher II 442 3233 3398 3571 3753 3945 4146
Police Dispatch Shift 460 3537 3717 3907 4106 4315 4535
Supervisor
Police Division Secretary 415 2826 2970 3121 3281 3448 3624
Police Offic,er 494 4190 4404 4629 4865 5113 5374
Police Records Shift 442 3233 3398 3571 3753 3945 4146
Supervisor
Police Servi,ces Officer 411 2770 2911 3060 3216 3380 3552
Police Volwlteer Coordinator 439 3185 3348 3518 3698 3886 4084
Property Omcer 429 3030 3185 3347 3518 3697 3886
Senior Police Clerk 402 2648 2783 2925 3075 3231 3396
Senior Police Services Officer 431 3060 3217 3381 3553 3734 3925
COPA and the City will again conduct a salary survey by or before July 30, 2003 of the eleven (II)
pre-selected cities to determine the maximum (top step) salary for each classification covered
by this MOD. The contractual July 2003 salary data from the survey agencies, as well as the City
of Orange, will be utilized for any necessary adjustments. In the event any classification is below
the median of the eleven (I I) surveyed cities, the City shall increase the entire salary range of
that classification to a level at the survey median. The effective date for any applicable salary
increases will be June 29, 2003. The City will not increase the salary for any classification if
said classification is less than 1.0% behind
median.
RESOLUTION NO. 9768 ADOPTED 09/09/2003
AMENDMENT TO
CITY OF ORANGE POLICE ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE JUNE 29, 2003
STEP C STEP F
Salary STEP After 1 After 1
Classification Title Ran e A ear
Civilian Investigative Officer 446 3298 3466 3643 3829 4024 4230
Court Liaison Officer 436 3138 3298 3466 3643 3829 4024
Police Subpoenas & Warrants 426 2985 3137 3297 3466 3642 3828
Clerk
Police Training Coordinator 436 3138 3298 3466 3643 3829 4024
39