2001-059 RESOLUTION NO. 2001R - 59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING A MEMORANDUM OF UNDERSTANDING
ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE CLERICAL EMPLOYEES
UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION.
WHEREAS, Chapter 1.06 of the Anaheim Municipal Code establishes the employer-
employee relations system for the City; and
WHEREAS, Chapter 1.06, Section 1.06.100 requires Memorandum of Understanding to
be presented to the City Council for determination; and
WHEREAS, the City Council of the City of Anaheim finds that approval of a new
Memorandum of Understanding executed on March 6, 2001 between the Anaheim Municipal
." Employees Association, Clerical Employees Unit and the City of Anaheim is in the best interest
of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that
the Memorandum of Understanding between the Anaheim Municipal Employees Association,
Clerical Employees Unit and the City of Anaheim executed by the City Management
Representative and the Anaheim Municipal Employees Association on March 6, 2001, as set
forth in the document attached hereto and incorporated by reference herein, be and the same is
hereby adopted and that the effective date of such Memorandum of Understanding shall be
September 29, 2000 through January 1, 2004.
BE IT FURTHER RESOLVED that the Resolution No. 98R -11 is hereby repealed
effective September 29, 2000.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 6th day of March 2001.
MA OR OF THE CITY OF AN EIM
ATTEST.
ITY CL� OF THE CITY OF ANAHEIM
APPRO ED AS TO FO •
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September 29, 2000 through January 1, 2004 4
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TABLE OF CONTENTS
Page
ARTICLE 1 Preamble 1
ARTICLE 2 Purpose 1
ARTICLE 3 AMEA Recognition 2
ARTICLE 4 Scope 2
ARTICLE 5 Management Rights 3
ARTICLE 6 Employee Rights 3
ARTICLE 7 Notification 4
ARTICLE 8 Consultation 4
ARTICLE 9 Meet and Confer 4
ARTICLE10 Memorandum of Understanding 5
ARTICLE 11 Discussion 5
ARTICLE 12 Check -Off 6
ARTICLE 13 AMEA Organization 6
COMPENSATION AND PAY PROVISIONS
ARTICLE 14 Compensation 8
ARTICLE 15 Classification 9
ARTICLE 16 Appropriate Salary Step 9
ARTICLE 17 Salary Relationships 12
ARTICLE 18 Hours of Work and Pay Day 15
ARTICLE 19 Temporary Upgrade 15
ARTICLE 20 Payroll Deductions 17
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EMPLOYMENT PROVISIONS
ARTICLE 21 General 18
ARTICLE 22 Appointments and Promotions 19
ARTICLE 23 Employment Lists 22
ARTICLE 24 Probation 23
ARTICLE 25 Outside Employment 24
ARTICLE 26 Service Awards 24
ARTICLE 27 Training 25
ARTICLE 28 Salary Step Reduction, Suspension, Demotion, & Dismissal 25
ARTICLE 29 Reassignment, Layoff, and Re- employment 28
ARTICLE 30 Transfer 30
ARTICLE 31 Reinstatement 31
ARTICLE 32 Voluntary Demotion 31
LEAVE PROVISIONS
Page
ARTICLE 33 Bereavement Leave 32
ARTICLE 34 Holidays 34
ARTICLE 35 Industrial Accident Leave 36
ARTICLE 36 Jury Duty and Court
Appearances 37
ARTICLE 37 Leave Without Pay 38
ARTICLE 38 Military Leave 39
ARTICLE 39 Sick Leave 39
ARTICLE 40 Vacation 44
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PREMIUM PAY PROVISIONS
ARTICLE 41 Overtime - General 46
ARTICLE 42 Bilingual Pay 47
ARTICLE 43 Call-Out 47
ARTICLE 44 Shift Differentials 48
ARTICLE 45 Short Shift Change 48
ARTICLE 46 Stand By 49
ARTICLE 47 Travel and Mileage Expense 49
ARTICLE 48 Meal Allowances 50
ARTICLE 49 Certification Pay 51
GRIEVANCES
ARTICLE 50 Grievance - General 52
INSURANCE
ARTICLE 51 Insurance — ACTIVE EMPLOYEES 56
ARTICLE 52 Post Retirement Medical Benefits 61
MISCELLANEOUS
ARTICLE 53 Physical Examinations 65
ARTICLE 54 Joint Committee on Medical Programs 66
ARTICLE 55 Agency Shop 67
ARTICLE 56 Notification of Contracting Out 67
ARTICLE 57 No Strike 67
ARTICLE 58 Construction 68
ARTICLE 59 Savings Clause 68
ARTICLE 60 Duration 68
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WAGES
APPENDIX "A" Wages
Labor Market Wage Equity Issues App. 1 -1
October 4, 1996 through January 8, 1998 App. 2 -1
January 9, 1998 through December 9, 1999 App. 3 -1
December 10, 1999 through September 28, 2000 App. 4 -1
ALTERNATE WORK SCHEDULES
Nine Plan
Ten Plan
Fire Communications Twelve Plan
Police Communications Twelve Plan
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ARTICLE 1
PREAMBLE
1.1 The wages, hours and conditions of employment that are set forth in this
Memorandum have been discussed and jointly proposed by and between the staff
officials of the City of Anaheim, (hereinafter called "ANAHEIM ") and Anaheim Municipal
Employees Association, Clerical Employees Unit (hereinafter called "AMEA ") and shall
apply to all the employees of ANAHEIM working in the classifications set forth in
Appendix W.
1.2 The terms and conditions of employment that are set forth in the Memorandum have
been discussed in good faith between the staff officials of ANAHEIM and AMEA. AMEA
agrees to recommend acceptance by its members of all of the terms and conditions of
employment as set forth herein, and the staff officials of ANAHEIM agree to
recommend to the Anaheim City Council that all of the terms and conditions of
employment as set forth herein be incorporated in full in a resolution of the City
Council. Upon the adoption of such a resolution, all the terms and conditions of this
Memorandum so incorporated shall become effective without any further action by
either party.
ARTICLE 2
PURPOSE
2.1 The objectives of the parties to this agreement are to promote full communication
between ANAHEIM and its employees and to promote the improvement of
employer - employee relations within the municipal govemment by providing a uniform
basis for recognizing the right of employees to join organizations of their own choice
and be represented by such organizations in their employment relationships with
ANAHEIM.
1 AMEA Clerical 9/29/00 — 1/1/04
ARTICLE 3
AMEA RECOGNITION
3.1 ANAHEIM hereby recognizes the AMEA as the bargaining representative for all its
members to the fullest extent allowable under Califomia law applying to public
employees. As public employees, such employees shall have the right to discuss
individual problems of employment with ANAHEIM, provided that upon request of the
employee, the AMEA shall be kept fully informed and have the right to be present at
all such meetings between ANAHEIM and the individual.
ARTICLE 4
SCOPE
4.1 All officers and positions of ANAHEIM are divided into the classified service and the
exempt service. The exempt service shall include the following:
4.1.1 All elected officials and members of boards and commissions.
4.1.2 The City Manager, City Attorney, City Treasurer and City Clerk.
4.1.3 Volunteer personnel and personnel appointed to serve without pay.
4.1.4 Architects, consultants, counsel, and others rendering temporary professional
service.
4.1.5 Such positions involving seasonal or part-time employment as may be
specifically placed in the exempt service by the Human Resources Director.
4.2 The classified service shall include all other positions that are not specifically placed in
the exempt service by this Article.
4.3 The provisions of this Article and agreement shall apply only to the classified service
unless otherwise specifically provided.
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ARTICLE 5
MANAGEMENT RIGHTS
5.1 Management retains, exclusively, all its inherent rights, functions, duties, and
responsibilities except where specifically limited in this document. The rights of
Management include, but are not limited to, the exclusive right to consider the merits,
necessity or organization of any service or activity provided by law, or administrative
order; determine the mission of its constituent departments, commissions and boards;
set standards of service, determine the procedures and standards of selection for
employment and promotion; direct its employees; take disciplinary action; relieve its
employees from duty because of lack of work or for other legitimate reasons; maintain
the efficiency of ANAHEIM'S operations; determine the methods, means and personnel
by which ANAHEIM'S operations are to be conducted; determine the content of job
classifications; take all necessary actions to carry out its mission in emergencies; and
exercise complete control and discretion over its organization and the technology of
performing its work.
ARTICLE 6
EMPLOYEE RIGHTS
6.1 Employees shall have all rights granted to public employees under Califomia law.
Employees shall have the right to form, join, and participate in the activities of
employee organizations of their own choosing for the purpose of representation on all
matters of employer - employee relations. Employees also have the right to refuse to
join or participate in the activities of employee organizations and shall have the right
to represent themselves individually in their employment relations with ANAHEIM. No
employee shall be interfered with, intimidated, restrained, coerced, or discriminated
against by ANAHEIM or by any employee organization because of his /her exercise of
these rights.
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ARTICLE 7
NOTIFICATION
7.1 Reasonable written notice shall be given by the City Management Representative to
AMEA, of any proposed ordinance, resolution, rule or regulation directly relating to
matters within the scope of representation to be presented to the City Council for
determination, and AMEA shall be given the opportunity to meet with the City
Management Representative prior to submission to the City Council for determination.
7.2 In cases of emergency when the City Council determines that an ordinance, resolution,
rule or regulation must be adopted immediately without prior notice or meeting with
AMEA, the City Management Representative shall provide such notice at the earliest
practicable time following the adoption of such ordinance, resolution, rule or
regulation.
ARTICLE 8
CONSULTATION
8.1 The City Management Representative, after consultation in good faith with
representatives of AMEA, may recommend adoption of reasonable rules and
regulations for the administration of employer - employee relations. The City
Management Representative shall consult in good faith with representatives of AMEA
on employer - employee relations matters which affect them, including those that are
not subject to meeting and conferring.
ARTICLE 9
MEET AND CONFER
9.1 The City Management Representative and Representatives of AMEA, shall have the
mutual obligation personally to meet and confer in order to exchange freely
information, opinions and proposals and to endeavor to reach agreement on matters
within the scope of representation. Nothing herein precludes the use of any impasse
procedure authorized by law whenever an agreement is not reached during the
4 AMEA Clerical 9/29/00 — 1/1/04
meeting and conferring process and the use of such impasse procedure is mutually
agreed upon by the City Management Representative and AMEA.
9.2 The City Management Representative shall not be required to meet and confer in good
faith on any subject preempted by Federal or State Law or by the City Charter nor
shall he be required to meet and confer in good faith on Management or Employee
Rights as herein defined. Proposed amendments to this Article are excluded from the
scope of meeting and conferring.
ARTICLE 10
MEMORANDUM OF UNDERSTANDING
10.1 When the meeting and conferring process results in agreement between the City
Management Representative and AMEA such agreement shall be incorporated in a
written memorandum of understanding, signed by the City Management
Representative and AMEA representatives. The matters incorporated in the
memorandum shall be presented to the City Council, or its statutory representative, for
determination.
ARTICLE 11
DISCUSSION
11.1 It is the intent of both parties to maintain an open line of communication for the
betterment of employer - employee relations. Any issue not pertaining to grievances or
grievable issues may be discussed by AMEA or ANAHEIM at either party's request.
11.2 A party requesting a discussion may orally or in writing notify the other party of the
subject to be discussed. Thereafter, a meeting shall be promptly arranged at which
meeting not more than two AMEA members and the business manager or business
representative of the AMEA may be present.
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11.2 If the parties are not able to resolve the issues after three meetings, the issues will be
considered dropped, unless both parties agree to meet additional times.
11.4 If the discussion process results in an agreement between the City Management
Representative and AMEA to amend this Memorandum of Understanding, such
agreement shall be incorporated in a written letter of understanding, signed by the
City Management Representative and AMEA representatives. The matters
incorporated in the Letter of Understanding shall be presented to the City Council, or
its statutory representative, for determination.
ARTICLE 12
CHECK -OFF
12.1 ANAHEIM agrees to check -off for the payment of the regular monthly AMEA dues and
to deduct such payments from the wages of all AMEA members and employees when
authorized to do so by said members and employees, and remit such payments to the
AMEA in accordance with the terms of signed authorizations of such members and
employees. The deduction of such dues and the remittal of same by ANAHEIM to the
AMEA shall constitute payment of said dues and initiation fees by such members and
employees of the AMEA.
ARTICLE 13
AMEA ORGANIZATION
13.1 AMEA representatives are those elected or appointed in accordance with the
constitution and bylaws of the AMEA.
13.1.1 The AMEA shall notify the City Management Representative, in writing, of the
names and job class titres of its officers, Employee Representatives and other
representatives each time an election is held or new appointments are made.
13.1.2 An employee elected or appointed as an officer or Employee Representatives of
the AMEA shall be required to work full time in his /her respective job class and
shall not interrupt the work of other employees.
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13.2 Officers and representatives (subject to the provisions of Article 13.12 above) of the
AMEA shall be permitted to visit employee work locations for the purpose of observing
conditions under which employees are working, provided such visit shall not interrupt
the work of such employees, interfere with the normal operations of the department or
with established safety requirements.
13.2.1 Such officers and representatives shall not enter any work location without the
knowledge of the department head, division head, or other appropriate
supervisor.
13.2.2 Solicitation of membership and all activities concerned with the internal
management of the AMEA, such as collecting dues, holding membership
meetings, preparation of petitions or grievance material, preparation of
proposals, campaigning for office, conducting elections and distributing
literature, shall not be conducted during working hours.
13.3 In the event that the AMEA is formally meeting and conferring with representatives of
ANAHEIM on matters within the scope of representation during regular City business
hours, a reasonable number of officers, Employee Representatives or other officials of
the AMEA shall be allowed reasonable time off without loss of compensation or other
benefits.
13.3.1 Such officers, Employee Representatives and representatives shall not leave
their duty or workstation or assignment without the knowledge of the
appropriate manager or supervisor.
13.3.2 Such meetings are subject to scheduling in a manner consistent with operating
needs and work schedules.
13.3.3 ANAHEIM agrees to provide a combined total of up to five hundred (500) hours
per year of paid release time from normal work assignments to the President
and Board members of the AMEA for all activities concerned with the internal
management of the AMEA. AMEA agrees to reimburse ANAHEIM on an
hour - for -hour basis at the employee's regular rate of pay for all hours of
released time taken by the AMEA President and Board members.
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13.4 ANAHEIM shall furnish a bulletin board at mutually agreeable, specific locations for the
purpose of posting notices pertaining to AMEA business.
13.4.1 All materials must be dated and must identify the AMEA.
13.4.2 ANAHEIM reserves the right to determine what reasonable portion of bulletin
boards are to be allocated to AMEA materials.
13.4.3 If the AMEA does not abide by these provisions it will forfeit its right to have
materials posted on ANAHEIM'S bulletin boards.
13.5 ANAHEIM shall allow the AMEA to conduct meetings in City facilities.
13.5.1 Such meetings shall be scheduled in accordance with regulations goveming use
of public meeting rooms at City facilities.
13.6 ANAHEIM agrees to distribute at the Employee Orientation meeting to employees hired
in classifications listed in Appendix "A," an informational brochure provided by the
AMEA.
ARTICLE 14
COMPENSATION
14.1 The City Management Representative shall be responsible for recommending wages,
rates, and salary schedules for each job class in Appendix "A."
14.2 Prior to any such recommendations, the City Management Representatives and
representatives of the AMEA shall meet and confer in good faith to endeavor to reach
agreement on matters concerning wages, hours, and other terms and conditions of
employment in such classifications represented by AMEA.
14.3 At such time as agreement is reached for such classifications, the City Management
Representative and the AMEA shall jointly submit a written memorandum of such
understanding, which shall not be binding, to the City Council for determination.
14.4 Wages for the various classifications shall be set forth in Appendix "A" attached to this
Memorandum and by this reference made a part hereof. The City Management
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Representative of ANAHEIM will not recommend any revision or modifications to this
agreement without first consulting on such recommendations with the AMEA.
ARTICLE 15
CLASSIFICATION
15.1 The Human Resources Director shall be responsible for recommending classification of
all positions in the classified service on the basis of the kind and level of the duties and
responsibilities of the positions, to the end that all positions in the same class shall be
sufficiently alike to permit use of a single descriptive title, the same qualification
requirements, the same test of competence, and the same salary schedule.
15.1.1 A job class may contain one or more positions.
15.1.2 Classification of all positions in the classified service shall require approval of
the City Manager.
15.2 A position may be reclassified on the basis of changes in or reevaluation of the duties,
responsibilities, and /or qualification requirements of the position.
15.2.1 The Human Resources Director shall be responsible for recommending such
reclassification as he finds to be necessary.
15.2.2 A reclassification shall become effective upon action by the City Manager on a
Personnel Action Form.
15.2.3 Incumbents may or may not be reclassified with their positions, based upon
the recommendation of the Human Resources Director, the appropriate
department head, and the approval of the City Manager.
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ARTICLE 16
APPROPRIATE SALARY STEP
16.1 Regular, full -time employees shall be eligible for consideration for merit pay increases
as follows:
16.1.1 To the "Q" step of the salary schedule after completion of six months of
service in the "P" step.
16.1.2 To the "R" step after completion of six months of service in the "Q" step.
16.1.3 To the "3" step after completion of six months of service in the "R" step.
16.1.4 To the "A" step after completion of six months of service in the 1" step.
16.1.5 To the "B" step after completion of six months of service in the "A" step.
16.1.6 To the "C" step after completion of six months of service in the "B" step.
16.1.7 To the "D" step after completion of one year of service in the "C" step,
except as provided in ARTICLE 16.111.
16.1.8 To the "E" step after completion of one year of service in the "D" step,
except as provided in ARTICLE 16.111.
16.1.9 In such cases as may occur wherein an employee shall demonstrate
exceptional ability and proficiency in performance of his /her assigned duties,
said employee may be given a special merit advancement to the next higher
step without regard to the minimum length of service provisions contained in
this Article upon the approval of the employee's department head.
16.1.10 For purposes of this Article "six months" shall be construed to mean thirteen
(13) complete biweekly pay periods; and "one year" shall be construed to
mean twenty -six (26) complete biweekly pay periods.
16.1.11 Certain job classes shall be designated by an "S" before schedule numbers.
Employees in these classes shall be eligible for consideration for merit pay
increases to the "D" step after completion of six months of service in the "C"
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step. They shall be eligible for consideration for merit pay increases to the
"E" step after completion of six months of service in the "D" step.
16.2 Merit pay increases shall be granted upon approval of the employee's department
head for continued meritorious and efficient service and continued improvement by
the employee in the effective performance of the duties of his /her position.
16.2.1 The effective date of the merit pay increases shall be the first day of the pay
period following approval as provided in Article 16.2 and completion of the
minimum required service in the next lower step as provided in Article 16.1.
16.3 Newly hired employees shall normally be compensated at the lowest step of the salary
schedule of the job class for which he /she was hired. ANAHEIM may hire at a higher
step in the salary schedule.
16.3.1 The provisions of this Article shall also apply to re- employed and reinstated
employees.
16.4 An incumbent employee reclassified with his position to a lower job class shall retain
his /her rate of pay and his /her anniversary date for purposes of merit pay increases,
or shall be placed in the step of the lower salary schedule closest to his /her rate of
pay. If the "E" step of the salary schedule of the lower job class is lower than the
incumbent's rate of pay, the rate of pay shall be identified as the "Y" step of the lower
salary schedule. An employee compensated at the "Y" step because of a downward
reclassification shall remain in the "Y" step, until such time as his /her job class is
assigned to a salary schedule in which the "E" step is equivalent to or higher than the
"Y" step, at which time the employee shall be placed in the "E" step.
16.5 An incumbent employee reclassified with his /her position to an equivalent job class
shall retain his /her rate of pay and his /her anniversary date for purposes of merit pay
increases.
16.6 An employee who is promoted or reclassified with his /her position to a higher job class
shall be placed in the step of the higher salary schedule that will provide a pay
increase of not Tess than 4% except when the "E" step of the higher salary schedule
provides a pay increase of less than 4 %, or when the "A" step of the higher salary
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schedule is more than 4% higher than the employee's current rate of pay. The
employee shall be given a new anniversary date for purposes of merit pay increases in
accordance with the provisions of Article 16.1.
16.6.1 An employee promoted to a formal apprenticeship classification may be
appointed above the entry level step and may remain in the step to which
he /she is appointed longer than the time provided in Article 16.1.
16.7 An employee who is demoted shall be placed in the step of the lower salary schedule
that will provide a reduction in pay of not less than 4 %. The employee shall be given
a new anniversary date for purposes of merit pay increases in accordance with the
provisions of Article 16.1.
16.8 An employee in a job class which is assigned to a different salary schedule as a result
of a pay adjustment shall retain his /her same salary step status in the newly
authorized salary schedule and shall retain the same anniversary date for purposes of
merit pay increases.
16.9 When more than one personnel action involving changes in an employee's salary step
status become effective on the same day, all such changes shall be in accordance with
the provisions of the preceding paragraphs of the Article, and shall take place in the
following order of precedence:
(1) adjustment to same salary step in newly authorized salary schedule;
(2) merit pay advancement or reduction in salary step;
(3) promotion, demotion, or reclassification.
ARTICLE 17
SALARY RELATIONSHIPS
17.1 ANAHEIM and AMEA agree that wages for all classifications represented by AMEA shall
be based on the salary relationships shown below. The wages in "Appendix A" reflect
an agreed upon phased implementation plan to these salary relationships.
ACCOUNTING SPECIALIST
Accounting Technician 1.250 x Accounting Specialist
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Box Office Specialist 1.100 x Accounting Specialist
Collections Specialist 1.050 x Accounting Specialist
Collections Supervisor 1.250 x Accounting Specialist
Job Training Program Spccialist 1.050 x Accounting Spccialist
Payroll Specialist 1.100 x Accounting Specialist
Payroll Technician 1.250 x Accounting Specialist
Sr. Accounting Specialist 1.100 x Accounting Specialist
Senior Collections Specialist 1.150 x Accounting Specialist
DATA PROCESSING CLERK
Data Entry Operator 1.050 x Data Processing Clerk
r.' Senior Data Entry Operator 1.100 x Data Processing Clerk
EMEHEITELKEUI
Firc Dispatchcr I .900 x Firc Dispatchcr II
Firc Communications Shift Cupervisor 1.150 x Firc Dispatchcr II
OFFICE SPECIALIST I
Booking & Scheduling Specialist 1.250 x Office Specialist II
Building Pcrmit Rcp 1.100 x Officc Spccialist II
Clerk .850 x Office Specialist II
Code Enforcement Office Coordinator 1.400 x Office Specialist II
Council Agcnda Administrator 1.30 x Officc Cpccialist II
Customer Services Specialist I .900 x Office Specialist II
Customer Services Specialist II 1.000 x Office Specialist II
Data Entry Operator 1.050 x Officc Cpccialist II
Data Entry Supervisor 1.200 x Officc Cpccialist II
Data Processing Clerk 1.000 x Officc Spccialist II
Dcpartmcnt/Motor Vchicic Cpccialist 1.225 x Officc Spccialist II
Departmental Records Coordinator 1.200 x Office Specialist II
Guest Services Specialist I .900 x Office Specialist II
Guest Services Specialist II 1.000 x Office Specialist II
Housing Intakc Spccialist 1.050 x Officc Spccialist II
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Housing Loan Processor 1.100 x Office Specialist II
Intermediate Clerk .950 x Office Specialist II
Library Circulation Specialist 1.100 x Office Specialist II
Library Clerk .850 x Office Specialist II
Library Technical Services Specialist 1.200 x Officc Specialist II
Licensing Specialist 1.100 x Office Specialist II
Licensing Supervisor 1.250 x Office Specialist II
Office Specialist I .900 x Office Specialist II
Office Supervisor 1.300 x Office Specialist II
Principal Office Specialist 1.225 x Office Specialist II
Recreation Personnel Specialist 1.225 x Office Specialist II
Senior Clerk 1.100 x Office Specialist II
Senior Customer Ccrviccs Specialist 1.050 x Officc Spccialist II
Senior Data Entry Operator 1.100 x Officc Specialist II
Senior Guest Services Specialist 1.050 x Office Specialist II
Senior Library Clerk 1.050 x Office Specialist II
Senior Office Specialist 1.175 x Office Specialist II
Senior Word Processing Operator 1.150 x Office Specialist II
Word Processing Operator 1.075 x Office Specialist II
Word Processing Supervisor 1.350 x Office Specialist II
POLICE DISPATCHER II
Fire Dispatcher I .850 x Police Dispatcher II
Fire Dispatcher II .950 x Police Dispatcher II
Fire Communications Shift Supervisor 1.125 x Police Dispatcher II
Police Communications Operator .750 x Police Dispatcher II
Police Communications Supervisor 1.250 x Police Dispatcher II
Police Dispatcher I .900 x Police Dispatcher II
Senior Police Dispatcher 1.100 x Police Dispatcher II
POLICE RECORDS SPECIALIST II
CLETS /NCIC Specialist 1.25 x Police Records Specialist II
Detention Facility Assistant 1.125 x Police Records Specialist II
Police Records Spec /Matron 1.100 x Police Records Specialist II
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Police Records Specialist I .900 x Police Records Specialist II
Police Records Supervisor 1.350 x Police Records Specialist II
Senior Police Records Specialist 1.200 x Police Records Specialist II
PROPERTY & EVIDENCE CLERIC-TECHNICIAN
Property & Evidence Supervisor 1.150 x Property & Evidence Clcrk Technic
Sr. Property & Evidence Clcrk Technician 1.075 x Property & Evidence Clcrk Technic
SENIOR STOREKEEPER
Automotive Parts Specialist .850 x Senior Storekeeper
Bookmobile Operator .850 x Senior Storekeeper
'` Storekeeper .900 x Senior Storekeeper
Supply Clerk/Driver .800 x Senior Storekeeper
Wardrobe Specialist .800 x Senior Storekeeper
ARTICLE 18
HOURS OF WORK AND PAY DAY
18.1 The average regular workweek for employees in classifications in Appendix "A" shall be
forty (40) hours.
18.1.1 For all employees with an average regular workweek of forty (40) hours, the
monthly rate shall be the hourly rate times 2,080 divided by 12.
18.2 Regular salaries and compensation of employees shall be paid on a biweekly basis.
18.3 ANAHEIM agrees to pay annual sick leave payoff, by separate checks.
18.4 All holidays and vacation and sick leave shall be paid at the employees regular rate of
pay.
18.5 ANAHEIM and the AMEA agree that in certain instances alternatives to the traditional
work schedule for the convenience of employees may be appropriate. Such schedules
may be installed under the following guidelines:
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18.5.1 ANAHEIM or the AMEA . - :. - : - - :. _ : . - _ - -
sehedul'es reauest a study of the feasibility of providing alternate work
schedules in specific work groups.
18.5.2 ANAHEIM agrees to complete the study within 75 days of the
fligLICEL
18.5.3 ANAHEIM and the AMEA agree to initiate discussions regarding the
findings of the study within 30 days after the study's completion.
18.5.4 Altemate work schedules shall not reduce service to the public.
18.5.5 Such schedules may be revoked by either party upon notice to the other party.
18.5.¢ Such schedules may continue by mutual agreement of both parties.
18.5.7 Such altemate work schedules shall be created by Letter of Understanding.
ARTICLE 19
TEMPORARY UPGRADE
19.1 Temporary upgrading shall be defined as the temporary assignment of an employee to
work in a job class which is assigned to a salary schedule higher than his /her regular
't". job class.
19.2 Employees temporarily upgraded to certain job classes shall be compensated at the
lowest step in the higher salary schedule that will provide a premium of not less than
4.0% of the employee's regular hourly rate of pay for each hour worked in the higher
job class during normal working hours if they are assigned to work in the higher job
class for a minimum of (2) hours of each day. Employees temporarily upgraded to job
classes during other than normal working hours shall be compensated at the lowest
step on the higher salary schedule that will provide an upgrade premium of not less
than 4.0% of the employee's regular hourly rate of pay for all time worked in the
higher job class. The "E" step in the higher salary schedule shall be the maximum
upgrade premium when the "E" step of the higher salary schedule provides an
16 AMEA Clerical 9/29/00 — 1/1/04
upgrade premium of Tess than 4.0 %. Such job classes shall be designated in Appendix
"A" by a "U2" before schedule numbers.
19.2.1 Employees upgraded to the job classes listed below shall be paid in accordance
with paragraph 19.1; provided however that a minimum of one (1) complete
work shift must be worked before payment will be made from the first hour.
Such job classes shall be designated in Appendix "A" by a "UFS" before
schedule numbers.
Confidential Positions:
Administrative Assistant
Claims Assistant
Council Administrative Assistant
Executive Secretary
Office Supervisor - Confidential
Planning Commission Support Supervisor
Principal Office Specialist - Confidential
Purchasing Assistant
Secretary
Senior Clerk - Confidential
Senior Office Specialist - Confidential
Senior Secretary
Appendix "A" positions:
Collections Supervisor
Fire Dispatcher II
Office Supervisor
Police Communications Supervisor
Police Dispatcher II
Police Records Supervisor
Property and Evidence Supervisor
Principal Office Specialist
Senior Accounting Specialist
17 AMEA Clerical 9/29/00 — 1/1/04
Senior Clerk
Senior Data Entry Operator
Senior Office Specialist
Word Processing Supervisor
19.2.2 The following job classes shall be paid an additional 1 /z% pay in lieu of upgrade
pay.
Library Circulation Specialist
Library Clerk
Senior Library Clerk
19.3 Bargaining unit employees temporarily upgraded to a management class designated
with a "U" shall receive a 5.0% increase or the minimum rate of the management
salary range whichever is higher. All other upgrading rules as contained in Article 19.2
will be applicable.
19.4 Upgrade to a vacant position shall be limited to six months, except in cases of
extended sick leave, industrial accident leave or leave without pay.
ARTICLE 20
PAYROLL DEDUCTIONS
20.1 Deductions of authorized amounts may be made from employees' pay for the following
purposes:
20.1.1 Withholding Tax;
20.1.2 Contributions to retirement benefits;
20.1.3 Contribution to survivors' benefits;
20.1.4 Payment of life insurance and accidental death and dismemberment
insurance premium;
20.1.5 Payment of non - industrial disability insurance premium;
20.1.6 Payment of hospitalization and major medical insurance premium;
20.1.7 Payment to or savings in the Anaheim Area Credit Union;
18 AMEA Clerical 9/29/00 — 1/1/04
20.1.8 Contributions to United Way;
20.1.9 Payment of membership dues to the Anaheim Municipal Employees'
Association.
20.1.10 Purchase of United States Savings Bonds; and
20.1.11 Other purposes as may be authorized by the City Council.
ARTICLE 21
GENERAL
21.1 It is hereby the declared personnel policy of ANAHEIM that:
21.1.1 Employment by ANAHEIM shall be based on merit and fitness, free of personal
and political considerations.
21.1.2 Appointments, promotions, and other actions requiring the application of the
merit principle shall be based on systematic tests and /or evaluations.
21.1.3 Positions having similar duties and responsibilities shall be classified and
compensated on a uniform basis.
21.1.4 Tenure of employees shall be subject to good behavior, satisfactory work
performance, necessity for the performance of work, and the availability of
funds.
21.1.5 Any action concerning an employee's status of employment shall be processed
on a Personnel Action Form. Such status shall become effective upon action by
a management employee who has responsibility for authorizing such action.
All full -time employees shall receive a true copy of any personnel action taken
concerning their status of employment.
21.2 Job Bulletins prepared by Human Resources regarding full -time regular classifications
shall be sent to and posted on Bulletin Boards designated for that purpose.
21.3 Job Bulletins regarding classifications represented by the AMEA shall be sent to the
AMEA during recruitment periods.
19 AMEA Clerical 9/29/00 — 1/1/04
21.4 ANAHEIM shall be the sole judge of the testing, qualification and acceptance
procedures of all applicants for employment and promotion and ANAHEIM retains the
right to reject any applicant for employment; PROVIDED, HOWEVER, that no test or
qualification procedures utilized by ANAHEIM or refusal to accept for employment shall
be done to discriminate for or against an applicant because of AMEA or non -AMEA
membership or because of race, color, creed, national origin, religion, sex, age or
physical disability, except where age or lack of physical disability is a bona fide
occupational qualification.
ARTICLE 22
APPOINTMENTS AND PROMOTIONS
22.1 Appointments and promotions shall be based on merit and fitness to be ascertained so
far as practicable by competitive examinations. Examinations shall be used and
conducted to aid in the selection of qualified employees, and shall consist of
recognized selection techniques which will, in the opinion of the Human Resources
Director, test fairly the qualifications of candidates.
22.1.1 Notwithstanding any other provision of this Article, vacant positions in the
classified service which would otherwise be filled by open recruitment may be
filled by appointing part-time employees currently employed in part-time
classification with full -time equivalent classifications.
22.2 Minimum standards of employment for each job class shall be recommended by the
Human Resources Director and approved by the City Manager.
22.3 At such times as the appointing authority with concurrence of the Human Resources
Director determines that it is in the best interests of the City to promote from within,
promotions shall be on a competitive basis except when the Human Resources
Director finds that the number of employees qualified for promotion is insufficient to
justify competition. Appropriate consideration shall be given to promotional
candidates' qualifications, record of performance, and seniority, in that order. When a
qualified, work - disabled employee is available, consideration will be provided according
to the Vocational Rehabilitation Administrative Regulation.
20 AMEA Clerical 9/29/00 — 1/1/04
22.3.1 At such times as the appointing authority with concurrence of the Human
Resources Director determines that it is in the best interests of the City to
recruit from both inside and outside the organization, City employee candidates
who choose to compete shall be evaluated on the same basis as non - employee
candidates.
22.3.2 Advancement to a higher paid job class shall constitute a promotion.
22.3.3 Whenever a management evaluation is to be part of the promotional selection
process for classifications listed in Appendix "A ", employees will be notified on
the job flyer at the time promotional examinations are announced the weights
to be assigned to qualifications, record of performance and seniority.
22.4 Examinations for appointments and promotions shall be in such form as will fairly test
the abilities and aptitudes of candidates for the duties to be performed, so that such
appointments and promotions will be solely based on qualifications without regard to
race, color, creed, national origin, religious or political affiliation or belief, membership
in or attitude toward any employee organization, sex, age, or physical disability,
except where sex, age, or lack of physical disability is a bona fide occupation
qualification.
22.5 Candidates who qualify for employment or promotion shall be placed on an eligibility
list for the appropriate job class. At such times as a department management
evaluation is included in the establishment of a promotional eligibility list, the list shall
rank the eligible candidates in the order of final evaluation, and appointments from
that list shall normally follow rank order.
22.5.1 Employees shall be given written notice of his rank order on promotional
eligibility lists.
22.6 When an appointment is to be made to a vacancy, the Human Resources Director shall
submit to the appropriate department head the names on the appropriate employment
list. Appointments to vacant positions shall be made by the appropriate department
head, with the concurrence of the Human Resources Director.
21 AMEA Clerical 9/29/00 — 1/1/04
22.6.1 The appropriate department head, with the concurrence of the Human
Resources Director, may order names removed from an eligibility list for good
and sufficient reasons. Employees shall be given written notice of removal of
their names from eligibility lists.
22.7 In the absence of appropriate employment lists, a provisional appointment may be
made by the appropriate department head (with the approval of the Human Resources
Director) of a person meeting the minimum qualifications for the position. An eligibility
list shall be established within six months for any regular, full -time position filled by
provisional appointment. In the event that any provisional appointee fails to qualify on
the eligibility list as established within six months of his provisional appointment, said
provisional appointee shall have his employment terminated at the close of the first
complete biweekly pay period following the establishing of the eligibility list.
22.8 Appointments to certain grant funded positions as designated by the City Manager
may be made without competitive examinations and /or evaluations. Such
appointments may be made by the appropriate department head (with the approval of
the Human Resources Director and the City Manager). In the event that a grant
funded appointee fails to complete competitive examinations and /or evaluations and is
not appointed to a city funded position during his period of employment under the
grant, said grant funded appointee shall be terminated from City employment.
ARTICLE 23
EMPLOYMENT LISTS
23.1 Employment lists, in order of their priority, shall be re- employment lists and eligibility
lists.
23.2 Re- employment lists shall contain the names of regular, full -time employees laid off in
good standing for lack of funds or work.
23.2.1 Names on re- employment lists shall remain for a period not to exceed one (1)
year.
22 AMEA Clerical 9/29/00 — 1/1/04
23.3 Eligibility lists shall be created in accordance with the provisions of ARTICLE 22 -
APPOINTMENTS AND PROMOTIONS.
23.3.1 Eligibility lists may contain the names of one or more persons eligible for
employment.
233.2 Open competitive eligibility lists shall remain in effect for a period of one year
or until depleted. Eligibility lists containing less than three (3) names may be
considered depleted. Eligibility lists may be extended by the Human Resources
Director for a period not to exceed one (1) additional year.
23.3.3 Promotional eligibility lists shall remain in effect for a period of two years or
until depleted.
ARTICLE 24
PROBATION
24.1 Employees appointed from eligibility lists, reinstated employees and employees
reassigned according to the Vocational Rehabilitation Administrative Regulation shall
be subject to a period of probation. The regular period of Probation shall be thirteen
(13) complete biweekly pay periods unless otherwise specified for certain designated
.., job classes.
24.1.1 Certain designated job classes in the classified service shall have a regular
period of probation, which begins on the date of appointment and ends
twenty -six (26) complete biweekly pay periods after the date of appointment.
These job classes shall be:
Police Dispatcher I
Fire Communications Shift Supervisor
Fire Dispatcher I
Fire Dispatcher II
24.1.2 In the event an employee is assigned to light duty status or is absent from
work due to a lengthy illness or injury during his /her probationary period, said
employee's probationary status may be extended beyond the regular period of
23 AMEA Clerical 9/29/00 — 1/1/04
probation in the amount of one complete biweekly pay period for each
complete biweekly pay period assigned to Tight duty status or lost due to such
illness or injury.
24.1.3 Upon successful completion of a probationary period, an employee shall be
granted regular status in the classification in which the probationary period is
served.
24.1.4The probationary period for the classification of Police Dispatcher II
may be extended by an additional thirteen (13) complete biweekly
pay periods at the discretion of the Police Chief. ANAHEIM shall
notify the AMEA when taking such action.
24.2 The work and conduct of probationary employees shall be subject to close scrutiny
and evaluation, and if found to be below standards satisfactory to the appointing
authority, the appropriate department head may reject the probationer at any time
during the probationary period. Such rejections shall not be subject to review or
appeal unless such a rejection is alleged to be contrary to the provisions of any state
or federal laws.
24.2.1 An employee rejected or laid off during the probationary period from a position
to which he /she has been promoted or transferred shall be returned to the
classification in which he /she has regular status unless the reasons for his /her
failure to complete his probationary period would be cause for dismissal.
24.2.2 The appropriate department head shall request the Human Resources
Department to prepare a Personnel Action Form to separate or return to a
former classification any employee to be rejected during a probationary period.
24.3 An employee shall be retained beyond the end of the probationary period only if the
appropriate department head affirms that the services of the employee have been
found to be satisfactory.
24 AMEA Clerical 9/29/00 — 1/1/04
ARTICLE 25
OUTSIDE EMPLOYMENT
25.1 An employee may engage in employment other than his /her job with ANAHEIM, if
his /her department head determines that such outside employment does not interfere
with the performance of assigned duties and does not constitute a conflict of interest.
ARTICLE 26
SERVICE AWARDS
26.1 Service awards, in the form of service pins or the equivalent, shall be presented to
employees in classifications listed in Appendix "A" for:
Five (5) years of service; Twenty -five (25) years of service;
Ten (10) years of service; Thirty (30) years of service;
Fifteen (15) years of service; Thirty -five (35) years of service;
Twenty (20) years of service; Forty (40) years of service.
Such service awards shall also be presented to any employee upon their retirement.
26.1.1 For purposes of this Article, the term "years of service," shall be defined as
continuous, full -time service.
ARTICLE 27
TRAINING
27.1 The Human Resources Director shall encourage the improvement of service by
providing employees with opportunities for training, including training for advancement
and for general fitness for public service.
27.1.1 Reimbursement to employees for costs incurred for formalized training shall be
in accordance with regulations established by the City Manager.
27.2 Each employee in a classification listed in Appendix "A" shall be allowed the
opportunity to enroll in an ANAHEIM sponsored training course at least once each
calendar year. To be approved, courses must be in one of the five (5) critical
25 AMEA Clerical 9/29/00 — 1/1/04
competency areas identified in the City's 5 -Year Training Plan (Interpersonal
Communication, Leadership, Computer and Technology, cross - Functional Work and
Teams, or Critical Thinking). In the event an employee requests a course that is not
included in the City Training Catalog, the Human Resources Director shall determine
whether the course curriculum satisfies one or more of the required critical
competency areas.
ARTICLE 28
SALARY STEP REDUCTION, SUSPENSION, DEMOTION, AND DISMISSAL
28.1 The tenure of every employee shall be conditioned on good behavior and satisfactory
work performance. Any employee may have their salary step reduced or be
suspended, demoted, or dismissed for good and sufficient cause.
28.2 When in the judgment of the appropriate Department Head or Administrative
Manager, an employee's work performance, or conduct justifies disciplinary action
short of demotion or dismissal, the employee may be;
28.2.1 Suspended without pay. Upon taking such action, the appropriate Department
Head or Administrative Manager shall file with the employee and the Human
Resources Director a written notification containing a statement of the
substantial reasons for the action. No employee shall be suspended for more
than thirty (30) calendar days at any one time, except as provided for in Article
28.31, or;
28.2.2 Salary reduced by one or more steps. Upon taking such action, the
appropriate Department Head or Administrative Manager shall file with the
employee and the Human Resources Director a written notification containing a
statement of the substantial reasons for the action. The employee may be
returned to his /her former salary step at such time as deemed appropriate by
the appropriate Department Head or Administrative Manager.
28.3 An employee may be demoted or dismissed upon recommendation of an appropriate
manager or supervisor whenever in the judgment of the appropriate Department Head
or Administrative Manager, the employee's work or misconduct so warrants. Upon
26 AMEA Clerical 9/29/00 — 1/1/04
taking such action, the appropriate Department Head or Administrative Manager shall
file with the employee and the Human Resources Director a written notification
containing a statement of the substantial reasons for the action and the effective date
of the action.
- :: . -- . -- -- • _. . - . .: ; _ .,
28.4 In the disciplinary process, ANAHEIM shall confirm with the procedural due process
requirements of Skelly v. State Personnel Board. At such time as Skelly due process is
required, prior to the determination that discipline will be imposed, the appropriate
Department Head or Administrative Manager, at a minimum shall:
28.4.1 Provide written notification to the employee of the proposed discipline at least
six working days prior to the date the discipline is proposed to be
implemented. The notification shall include:
28.4.1.1 The discipline that is proposed.
28.4.1.2 The grounds for imposing disciplinary action.
28.4.1.3 The actions, omissions, or conduct of the employee upon which the
proposed discipline is based.
28.4.1.4 An invitation to respond either orally or in writing prior to the
proposed effective date of the discipline.
28.4.2 Provide copies of documents considered which support the proposed discipline.
28.4.3 Provide written notification of the final determination after consideration of the
employee's response or after the opportunity to respond if the employee
chooses not to respond.
28.4.4 ANAHEIM and the AMEA recognize and understand that failure to comply with
Article 28.4 shall not invalidate a disciplinary action, but may result in penalties
upon ANAHEIM, as reflected in decisions of the Califomia appellate courts.
27 AMEA Clerical 9/29/00 — 1/1/04
28.5 When an employee is dismissed as provided in this Article, ANAHEIM and the AMEA
agree to the following accelerated procedure under the provisions of ARTICLE 50 -
GRIEVANCE GENERAL:
28.5.1 ANAHEIM and the AMEA agree that only one post - skelly hearing by the
appropriate Department Head or Administrative Manager shall be held. This
hearing shall be held within ten working days after the dismissal is grieved
unless mutually extended.
28.. 52 If the grievance is then appealed to Third Step to be submitted to an
impartial arbitrator for a final and binding decision, ANAHEIM and the AMEA
agree to:
28.5.2.1 Develop a standing list of mutually approved arbitrators.
28.5.2.1.1 This list shall include no more than five mutually approved
arbitrators.
28.5.2.1.2 ANAHEIM and the AMEA agree to reestablish the list of
arbitrators once each year in January.
28.5.2.1.3 ANAHEIM or the AMEA may remove arbitrators from this
list at anytime.
28.5.2.2 Select the arbitrator from the standing list that has the earliest,
reasonable available hearing date, unless the parties mutually agree
to select another arbitrator from the list.
28.5.2.3 Stipulate to the following submission language when a dismissal is
submitted to an impartial arbitrator: "Was (name of employee)
dismissed for good and sufficient cause? If not, what shall the
remedy be ?"
ARTICLE 29
REASSIGNMENT, LAYOFF AND RE-EMPLOYMENT
28 AMEA Clerical 9 /29/00 — 1/1/04
29.1 Layoff for lack of work or lack of funds shall be on the basis of an evaluation of
qualifications, and seniority within the affected job class.
29.1.1 An employee whose position has been abolished due to lack of work or lack of
funds shall be reassigned by his /her department head to any position within
his /her division or department in an equivalent or lower job class for which
he /she meets the minimum requirements and has City seniority over other
employees in the job class. An apprentice job class is considered equivalent to
the journey level job class for purposes of this Article. If the employee whose
position has been abolished does not have City seniority over other employees
in equivalent or lower classes, he /she may be reassigned by his /her
department head to any vacant position within the department in an equivalent
or lower job class, for which he /she meets the minimum requirements.
Employees so reassigned shall be placed in the salary step of the appropriate
salary schedule closest to his /her rate of pay. Employees so reassigned shall
be reinstated to his /her former job class and salary step status when positions
in his /her former job class (within his /her division or department) become
vacant. Such reinstatement shall be on the basis of City seniority.
29.1.2 Whenever an employee whose position has been abolished cannot be
reassigned to a vacant position within his /her division or department, he /she
t'"'% shall be reassigned by the City Manager to any vacant position in any other
division or department in his /her job class or in an equivalent or lower job class
for which he /she meets the minimum qualifications for employment. If an
employee is reassigned to a vacant position within his /her job class in any
other division or department, he /she shall retain his /her rate of pay. If an
employee is reassigned to a vacant position in an equivalent or lower job class
in any other division or department, he /she may be placed in any salary step of
the appropriate salary schedule that does not provide an increase in salary.
Employees reassigned to vacant positions in an equivalent or lower job class in
any other division or department shall be reinstated to his /her former job class
and salary step status when positions in his /her former job class (within his /her
former division or department) become vacant. Such reinstatement shall be on
the basis of City seniority.
29 AMEA Clerical 9/29/00 — 1/1/04
29.2 Whenever an employee whose position has been abolished is not reassigned to any
vacant position, he /she shall be placed on the re- employment list for his /her job class.
Persons on the re- employment list shall be re- employed with his /her former salary
step status when positions in his /her job class (within the division or department from
which they were laid off) become vacant. Re- employment shall be on the basis of City
seniority.
29.3 Whenever an employee is reassigned to a vacant position in the same class, an
equivalent class, or lower class as herein provided, he /she shall retain the same
anniversary date for purposes of merit pay increases.
29.4 Whenever an employee is reinstated to a vacant position in his /her former job class, or
re- employed as herein provided, he /she shall be given a new anniversary date for
purposes of merit pay increases in accordance with the provisions of ARTICLE 16 -
APPROPRIATE SALARY STEP.
29.5 An employee reinstated from the re- employment list shall be considered to have
continuous service and may be credited with the amount of accumulated sick leave
he /she had accrued at the time of layoff if he /she elects to remit to ANAHEIM any
payment received under the provisions of ARTICLE 39 -- SICK LEAVE.
29.6 ANAHEIM and the AMEA agree that ANAHEIM will notify the AMEA of layoffs, which
affect employees represented by the AMEA at the same time or prior to notification of
employees.
29.7 The provisions of this Article shall only apply to regular full -time employees in the
classified service. Employees appointed to certain grant - funded positions as
designated by the City Manager under ARTICLE 22.7, and newly hired probationary
employees shall be excluded from the provisions of this Article.
ARTICLE 30
TRANSFER
30.1 A change of an employee's place of employment from one division to another or from
one department to another shall be considered a transfer. A change of an employee's
30 AMEA Clerical 9/29/00 — 1/1/04
place of employment to a vacant position in a job class on the same salary schedule as
his /her own job class shall also be considered a transfer.
30.1.1 A transfer from one division to another or from one department to another
shall require the approval of the head of the division or department to which
the employee is transferring and the Human Resources Director. Such a
transfer shall be initiated by request of the employee to the Human Resources
Director.
30.1.2 A transferred employee shall retain his /her rate of pay and his /her anniversary
date for purposes of merit pay increases.
30.1.3 In order to be transferred to a job class with minimum standards of
employment substantially different from those of his /her own job class, an
employee shall be required to demonstrate his /her eligibility for employment in
accordance with the provisions of ARTICLE 22 -- APPOINTMENTS AND
PROMOTIONS and shall serve a new probationary period in accordance with
the provisions of ARTICLE 24 -- PROBATION.
30.2 Transfers for the betterment of employees and the best interests of ANAHEIM shall be
encouraged by all echelons of management.
ARTICLE 31
REINSTATEMENT
31.1 An employee who terminates his /her employment in good standing may be reinstated
to a vacant position in his /her former job class within three (3) years of his /her
termination date without re- qualifying for employment by competitive processes.
31.1.1 Employees reinstated within thirty days of their termination date shall be
considered to have continuous service, shall not serve a new probationary
period, and shall be credited with the amount of accumulated sick leave they
had at the time of termination. They shall be placed in their former salary step
and shall retain their anniversary date for purposes of merit pay increases. If
their anniversary date has occurred during the period of their absence, their
31 AMEA Clerical 9/29/00 — 1/1/04
new anniversary date shall be the first day of the next biweekly pay period
following reinstatement.
31.1.2 Employees reinstated after thirty days of their termination date shall serve a
new probationary period and may be considered to have broken service for
purposes of salary step status, and shall be considered to have broken service
for all other employee benefits.
31.2 An employee may be reinstated under the provisions of the Vocational Rehabilitation
Administrative Regulation to any vacant position for which he /she meets the minimum
P ha-N\ 31.3 The provisions of this ARTICLE shall apply to regular, full -time employees.
ARTICLE 32
VOLUNTARY DEMOTION
32.1 If an employee takes a voluntary demotion as a result of a downward reclassification
of his position, his /her salary step status shall be in accordance with the provisions of
Article 16.4.
32.2 Voluntary demotions as a result of impending layoff shall be in accordance with the
provisions of ARTICLE 29 - REASSIGNMENT, LAYOFF, AND RE- EMPLOYMENT.
32.3 An employee may request a voluntary demotion for any reason. Such a voluntary
demotion shall require the approval of the department head under whom the
employee will serve and the Human Resources Director. An employee taking such a
voluntary demotion may be placed in any salary step of the appropriate salary
schedule that does not provide an increase in salary. He /she shall be given a new
anniversary date for purposes of merit pay increases in accordance with provisions of
ARTICLE 16.1.
32.3.1 Voluntary demotions in accordance with the Vocational Rehabilitation
Administration Regulation shall be in accordance with the provisions of
ARTICLE 32 - VOLUNTARY DEMOTION.
32 AMEA Clerical 9/29/00 — 1/1/04
32.4 An employee who has taken a voluntary demotion to a lower job class may be
reinstated to a vacant position in his /her former job class within three years of the
effective date of the voluntary demotion without re- qualifying by competitive
processes.
32.4.1 An employee reinstated to his /her former job class from a voluntary demotion
shall retain his /her rate of pay. If his /her rate of pay is not included in the
salary schedule of his /her former job class, he /she shall be placed in the salary
step of that salary schedule which is closest to his /her rate of pay. He /she
shall retain his /her anniversary date for purposes of merit pay increases;
however, if he /she is placed in the "A" or "B" step of the salary schedule,
he /she shall be eligible for a merit pay increase after thirteen complete
biweekly pay periods or his /her regular anniversary date, whichever is sooner.
ARTICLE 33
BEREAVEMENT LEAVE
33.1 In the event a death occurs in the immediate family of a full -time employee, the
employee shall be granted bereavement leave with pay for up to a maximum of
- - - : - : : - - -; - - three (3) consecutive work shifts. "Immediate
family" shall be defined as any relative by blood or marriage who is a member of the
employee's household, under the same roof, and any parent, foster parent, step-
parent, spouse, child, grandchild, brother, or sister of the employee, or any parent,
foster parent, Qr step parent or grandchild of the employee's spouse, regardless of
residence. Policc Communications Twelve flan cmployccs shall be grantcd
33.2 In the event a death occurs among other family members of an employee, the
employee shall be granted bereavement leave with pay for up to a maximum of eight
(8) -werking -hens one (1) work shift. Other family members shall be defined as
grandparent, daughter -in -law, son -in -law not under the same roof of the employee;
and any grandparent, grandchild, child, brother, or sister of the employee's spouse,
regardless of residence. • ; - . - . . •. - • . - - -- .: • - - - :
33 AMEA Clerical 9/29/00 — 1/1/04
33.E Bereavement leave may be used only at the time a death occurs, or to make burial
arrangements and /or to attend funeral or memorial services.
33.4 ANAHEIM guarantees, that in addition to the above, employees may use all available
sick leave or vacation on the books up to forty (40) hours. If no sick leave or vacation
is on the books, ANAHEIM guarantees the employee the ability to use leave without
pay up to forty (40) hours.
ARTICLE 34
HOLIDAYS
34.1 The following days shall be recognized as holidays, and regular full -time employees
shall have these holidays off with pay:
January 1st, New Year's Day
Third Monday in January, Martin Luther King's Birthday
Third Monday in February, President's Day
Last Monday in May, Memorial Day
July 4th, Independence Day
First Monday in September, Labor Day
November 11, Veteran's Day
Fourth Thursday in November, Thanksgiving Day
Friday after Thanksgiving
December 25th, Christmas Day
Every day designated by the City Council for a public feast, thanksgiving or holiday.
34 AMEA Clerical 9/29/00 — 1/1/04
34.2 In the event that any of the above holidays fall on an employee's scheduled day off,
said employee shall observe the preceding work day or the following work day as
scheduled by the department head to provide maximum regular service to the public.
34.3 Employees may be required to work on any of the above holidays or days observed in
lieu of those holidays. Any employee required to work on any of the above holidays or
days observed in lieu of those holidays shall receive additional compensation
equivalent to one and one -half times his /her regular rate of pay.
34.4 In the event that any of the recognized City holidays falls on weekends all field
employees shall observe the same day.
34.5 When an employee working in the Police Department classifications listed in Article
34.53 below is required to work on any of the above listed holidays or days observed
in lieu of those holidays, the employee shall receive compensation in addition to eight
(8) hours regular holiday pay.
34.5.1 In the event the holiday falls on the employee's regularly scheduled twelve
(12) hour day, the first four (4) hours worked shall be compensated at the
employee's regular hourly rate of pay, including shift differential, if applicable.
All hours worked in excess of four (4) hours shall be compensated at one and
one -half (1.5) times the employee's regular rate of pay, including shift
differential, if applicable.
34.5.2 In the event a holiday falls on the employee's regularly scheduled eight (8)
hour work day, all hours worked shall be compensated at one and one -half
(1.5) times the employee's regular hourly rate of pay, including shift
differential, if applicable.
34.5.3 These provisions apply to:
Police Dispatcher I
Police Dispatcher II
Police Communications Supervisor
Police Communications Operator
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34.6 Employees working in the Police Department classifications listed in ARTICLE 34.53
above may elect to accrue credit for overtime hours worked on a holiday in lieu of
payment for those holiday work hours. ARTICLE 34.5 above describes circumstances
under which an employee working on a holiday may be entitled to accrue credit for
hours of holiday overtime at the rate of one and one -half (1.5) hour per hour worked.
In such circumstances, the employee may elect to either be paid at the rate of one
and one -half (1.5) hour for each overtime hour worked or accrue credit for holiday
work time which is recorded at the rate of one and one -half (1/2) hour for each
overtime hour worked. At the close of the pay period that includes November 16 each
year an employee shall be compensated at their current regular hourly rate of pay for
each hour of holiday time accrued.
34.7 An employee assigned to the Fire Communications Work Schedule shall receive an
additional twelve (12) hours pay at their regular rate of pay or shall accrue twelve (12)
hours holiday time for each holiday listed in ARTICLE 34.1 above.
34.8 Once each year an employee shall be compensated in cash by separate check at their
current rate of pay for any holiday time off accrued by not taken at the close of the
biweekly pay period that includes November 16.
34.9 Upon termination, an employee shall be compensated in cash at their current rate of
pay for any holiday time off accrued but not taken.
34.10 In order to be eligible for holiday pay, an employee must be either at work or on paid
leave of absence on the regularly scheduled work day immediately preceding the
holiday or day observed in lieu of the holiday and the regularly scheduled work day
immediately following the holiday or day observed in lieu of the holiday. No employee
who is on suspension or unpaid leave of absence on either the regularly scheduled
workday immediately preceding or immediately following the holiday or day observed
in lieu of the holiday shall receive compensation for said holiday or day observed in
lieu of the holiday.
ARTICLE 35
INDUSTRIAL ACCIDENT LEAVE
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35.1 In the event that any full -time employee is absent from work as a result of any injury
or disease which comes under the State of Califomia Worker's Compensation
Insurance and Safety Act, such absence shall be considered to be Industrial Accident
Leave.
35.2 Any employee on Industrial Accident Leave shall receive compensation from ANAHEIM
in an amount equal to the difference between temporary disability payments
mandated by the State of Califomia Worker's Compensation Insurance and Safety Act
and 80% of his /her regular basic rate of pay.
35.2.1 In the event that an employee who has received or is receiving Industrial
Accident Leave benefits files a civil legal action against a third party for
allegedly causing or contributing to the cause of the injury which resulted in
the absence from work, the employee is required to inform the Risk
Management Center of the filing of such legal action.
35.3 Industrial Accident Leave shall begin on the first day of such absence as defined in
ARTICLE 35.1 above.
35.3.1 Industrial Accident Leave shall continue during all absences due to a single
injury, but not to exceed one year of accumulated absence.
35.3.2 Industrial Accident Leave benefits provided by this Article shall apply to each
injury or disease as defined in Article 35.1 above.
35.3.3 The effective date of a permanent disability rating as awarded by the Worker's
Compensation Appeals Board ends eligibility for industrial accident leave for
that particular injury or disease.
35.3.4 A written statement from the treating physician that the employee's condition
is permanent and stationary or separation from ANAHEIM service ends
eligibility for Industrial Accident Leave for that particular injury or disease.
35.3.5 Industrial Accident Leave for absence due to injury or disease as defined in this
Article shall be granted to employees only upon presentation of a physician's
certificate of treatment.
37 AMEA Clerical 9/29/00 — 1/1/04
35.4 No employee shall have accrued sick leave deducted while on Industrial Accident
Leave. Vacation and sick leave shall continue to accrue for any employee on Industrial
Accident Leave in accordance with the provisions of ARTICLE 39 -- SICK LEAVE and
ARTICLE 40 -- VACATION.
ARTICLE 36
JURY DUTY AND COURT APPEARANCES
36.1 In the event any full -time employee is duly summoned to any court for the purpose of
performing jury duty, he /she shall receive their regular compensation for any regularly
scheduled working hours spent in actual performance of such service.
36.1.1 Whenever an employee is duly summoned to appear as a witness, except
where the employee is a litigant or a defendant in a criminal case or any action
brought about as a result of his own misconduct, he /she shall receive their
regular compensation for any regularly scheduled working hours spent in
actual performance of such service.
36.1.2 Employees receiving witness fees shall remit such fees to the City Treasurer in
order to be considered at work for payroll purposes during time spent as such
witnesses.
ARTICLE 37
LEAVE WITHOUT PAY
37.1 Any employee who is absent from work and who is not on leave with pay shall be
considered to be on leave without pay.
37.1.1 An employee on leave without pay shall receive no compensation and shall
accumulate no vacation or sick leave while on such leave.
37.1.2 An employee who has need to be absent from work and who is not eligible for
leave with pay may request to be placed on leave without pay. Leave without
pay for a period not to exceed forty (40) working hours may be granted by the
38 AMEA Clerical 9/29/00 — 1/1/04
employee's division head. Leave without pay in excess of forty (40) hours shall
require the approval of the employee's department head.
37.1.3 In the event that leave without pay is granted an employee for reasons of
illness or physical incapacity due to illness or injury, ANAHEIM shall continue to
pay for any hospitalization and major medical insurance previously paid for by
ANAHEIM for a maximum of six (6) complete months. ANAHEIM shall waive
the payment of employee premiums for any ANAHEIM sponsored medical,
dental and life insurance benefit plans for a maximum of six (6) months.
37.1.4 An employee may be granted leave without pay not to exceed six (6) months.
An extension of leave without pay beyond six (6) months is permitted only
when leave without pay is granted an employee for reasons of illness or
physical incapacity and a determination has been made by the Human
Resources Department that return to work is likely.
37.1.5 An employee returning to work from leave without pay shall be placed in the
same salary step he /she was in prior to such leave. If such leave was in
excess of two complete biweekly pay periods, the employee's anniversary date
for purposes of merit pay increases shall be changed to conform with the
provisions of Article 16.1 provided that he /she returns to a position in his /her
same job class. If the employee returns to a position in a lower job class,
his /her salary step status shall be determined in accordance with the provisions
of ARTICLE 32 - VOLUNTARY DEMOTION.
ARTICLE 38
MILITARY LEAVE
38.1 ANAHEIM'S policy relating to military leave and compensation therefore, shall be in
accordance with the provisions of the Military and Veterans Code of the State of
Califomia, and with all Federal provisions (Public Law 93 -508).
ARTICLE 39
SICK LEAVE
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39.1 Employees shall accrue annual Sick Leave with pay in accordance with the following
provisions:
39.1.1 Regular, full -time employees with an average regular work week of forty (40)
hours shall accrue paid sick leave at the rate of three (3) hours for each
complete biweekly pay period.
39.. 2 Paid sick leave shall continue to accrue in accordance with the above provisions
during any period of leave with pay.
39.1.3 An employee requesting sick leave for an absence from work as a result of any
injury or disease which comes under the State of Califomia Worker's
Compensation Insurance and Safety Act after eligibility for Industrial Accident
Leave has ended shall receive maximum compensation from ANAHEIM in an
amount equal to the difference between temporary disability payments
mandated by the State of Califomia Worker's Compensation Insurance and
Safety Act and their regular basic rate of pay.
39.2 Each employee shall have one -half ( hour deducted from their accrued sick leave
time for each one -half (1/2) hour of sick leave taken. The minimum amount of sick
leave that may be taken at any given time shall be one -half ( hour.
39.2.1 An employee may, at his option, elect to use vacation time to bridge the period
after sick leave is exhausted and prior to STD commencing.
39.3 Sick leave that is accrued, but not taken, shall be accumulated.
39.3.1 Regular, full -time employees with an average regular work week of forty (40)
hours shall be paid at their regular hourly rate of pay for all hours accumulated
beyond one hundred seventy -five (175) in each calendar year. Payment shall
be made in January of each year, or upon the employee's termination of
employment for any reason. A maximum of one hundred seventy -five (175)
hours shall carry over from year to year.
39.3.2 ANAHEIM shall pay to an employee upon the employee's termination of
employment due to retirement in accordance with ARTICLE 51 -- INSURANCE
or layoff in accordance with ARTICLE 29 -- REASSIGNMENT, LAYOFF AND RE-
40 AMEA Clerical 9/29/00 — 1/1/04
EMPLOYMENT, all hours accumulated up to the maximum of one hundred
seventy -five (175) hours that may be carried over from year to year. If an
employee dies while employed, ANAHEIM shall pay to his /her beneficiary, as
designated by the Public Employee's Retirement System records, the cash
equivalent of all hours accumulated up to the maximum of one hundred
seventy -five (175) hours that may be carried over from year to year.
39.4 An employee who has completed six (6) months as a regular full -time employee and is
continuously and totally disabled for more than one (1) calendar month, shall receive a
short term disability leave benefit of net sixty percent (60 %) of their base rate of pay,
after withholding taxes, and less deductible benefits. Such disability benefit shall
continue during total disability up to a maximum of six months from date of disability.
Upon completion of thirty (30) and /or ninety (90) days of absence while receiving
short term disability benefits, an employee shall be required to undergo a physical
examination by the treating physician or medical practitioner and shall submit a report
of such examination explaining the nature and extent of the disabling illness or injuries
and the prognosis and date of expected return to work. Short-term disability benefits
shall continue beyond sixty (60) and /or one hundred and twenty (120) days of
absence only upon submission of the report of physical examination by the treating
physician or medical practitioner.
39.4.1 Deductible benefits include salary or other compensation paid by any
employer; Worker's Compensation Act or similar law including benefits for
partial or total disability, whether permanent or temporary if benefits being
received are for the current disabling condition; a pension plan toward which
ANAHEIM contributed.
39.4.2 Total disability means an employee's complete inability to engage in their
regular occupation.
39.4.3 Benefits are not payable unless the employee is regularly seen and treated by
a licensed physician or medical practitioner who certifies to the continuing
disability.
41 AMEA Clerical 9/29/00 — 1/1/04
39.4.4 ANAHEIM shall waive the payment of employee premiums for any ANAHEIM
sponsored medical, dental and life insurance benefit plans during any biweekly
pay period during which short term disability benefits are paid.
39.5 In the event that any paid holiday occurs during a period when any employee is on
paid sick leave, the holiday shall not be charged against the employee's accrued sick
leave. The only sick leave hours that shall be charged against any employee's accrued
sick leave shall be those hours that the employee is regularly scheduled to work.
39.6 An employee eligible for paid sick leave shall be granted such leave for the following
reasons:
39.6.1 Illness of the employee or physical incapacity of the employee due to illness or
injury.
39.6.2 Enforced quarantine of the employee in accordance with community health
regulations.
39.6.3 Medical and dental appointments during work hours. Use of sick leave for
scheduled medical and dental appointments shall require prior approval of the
employee's supervisor and will be granted in accordance with the best interest
of the City of ANAHEIM and the employee's department or division.
39.6.4 Temporary disabilities caused by pregnancy and childbirth.
39.6.5 Illness of the employee's immediate family.
39.7 An employee who cannot perform his /her assigned duties due to illness or physical
incapacity shall inform his /her immediate supervisor of the fact and the reason
therefore as soon as possible. Failure to do so within a reasonable time may be cause
of denial of sick leave with pay.
39.8 In the event that an employee is absent on sick leave in excess of twenty -four (24)
consecutive working hours, the employee's department head or division head may
require that the employee submit a written statement by a physician licensed by the
State of Califomia certifying that the employee's condition prevented the employee
42 AMEA Clerical 9/29/00 — 1/1/04
from performing the duties of their position. Failure on the part of the employee to
comply with such a requirement may be considered cause for disciplinary action.
39.9 In the event that an employee becomes ill during working hours and is placed on paid
sick leave prior to the close of the workday, such paid sick leave shall be calculated to
the nearest one- half( /2) hour.
39.10 Effective December 19, 1980, accrued Sick Leave hours shall be entered in a new sick
leave plan and regular full -time employees with an average regular work week of forty
(40) hours who were employees as of that date, shall have up to one hundred
seventy -five (175) hours transferred to the usable Sick Leave Account. The remainder
(over 175 hours) shall be credited as follows: seventy -five percent (75 %) to be
reported as service credit at retirement; twenty -five percent (25 %) converted to cash
value at the employee's current (December 19, 1980) regular hourly rate of pay and
paid with interest at retirement, layoff or to his /her beneficiary, as designated by
Public Employee's Retirement System records if the employee dies while employed.
39.10.1 Employees who retire shall receive service credit for all hours up to one
hundred seventy -five.
39.10.2 An employee who has more than ten (10) years of continuous City service
may elect once each calendar year to receive all or a portion of his /her
Employee Sick Leave Trust Fund amount. When requested, such payments
may be diverted to the employee's Deferred Compensation account, within
limits established by law, or paid in cash by separate check subject to
standardized withholding taxes. When partial payment is requested, the
amount shall not be Tess than 25% of the balance, and a maximum of four
(4) such partial payments shall be allowed with the fourth payment paying
the entire remaining balance in the account.
39.11 If two or more periods of total disability occur during a specific six -month elimination
period for the insured LTD plan, all such periods shall be considered as one period of
continuous total disability under the following conditions:
39.11.1 All periods of total disability must be due to the same cause or causes; and
43 AMEA Clerical 9/29/00 — 1/1/04
39.11.2 All recurring periods of total disability that qualify as one period of continuous
total disability for the insured LTD plan, shall qualify as one period of
continuous total disability for the ANAHEIM Disability Plan and shall not
require a new one -month waiting period before ANAHEIM Disability Benefits
will be paid; and
39.11.3 Commencement of the benefit period for the insured LTD plan shall
automatically terminate benefits from the ANAHEIM Disability Plan.
ARTICLE 40
VACATION
40.1 Regular, full -time employees with an average workweek of forty (40) hours shall
receive annual vacation with pay in accordance with the following provisions.
Effective the first day of the pay period following City Council adoption of
this Agreement employees shall accrue paid vacation as follows:
40.1.1 For employees hired prior to adoption of this Agreement, for the first
four years of continuous, full -time service such employees shall accrue paid
vacation at the rate of four (4) hours for each complete biweekly pay period
plus two (2) hours of paid vacation at the close of the final complete
biweekly pay period of each fiscal year (106 hours or 13.25 working days per
year).
40.1.2 For employees hired on or after City Council adoption of this
Agreement, for the first four (4) years of continuous , full -time
service, employees shall accrue paid vacation at the rate of three
(3) hours for each complete biweekly pay period plus two (2) hours
of paid vacation at the close of the final complete biweekly pay
period of each fiscal year (80 hours or 10 working days per year).
40.ja Upon completion of four years of continuous, full -time service, such
employees shall accrue paid vacation at the rate of five (5) hours for each
complete biweekly pay period (130 hours or 16.25 working days per year).
44 AMEA Clerical 9/29/00 — 1/1/04
40.1A Upon completion of eight years of continuous, full -time service, such
employees shall accrue paid vacation at the rate of six (6) hours for each
complete biweekly pay period (156 hours or 19.5 working days per year).
40.11 Upon completion of fourteen years of continuous, full -time service such
employees shall accrue paid vacation at the rate of seven (7) hours for each
complete biweekly pay period (182 hours or 22.75 working days per year).
40.1.6 Upon completion of nineteen years of continuous, full -time service, such
employees shall accrue paid vacation at the rate of eight (8) hours for each
complete biweekly pay period (208 hours or 26 working days per year).
40.1.7 Upon completion of twenty -four years of continuous, full -time
service. employees shall accrue uaid vacation at the rate of nine (9)
hours for each complete biweekly pay period (234 hours or 29.25
working days per year).
40.2 Paid vacations shall continue to accrue in accordance with the above provisions during
any period of leave with pay. All vacations shall be scheduled and taken in accordance
with the best interests of ANAHEIM and the department or division in which the
employee is employed. The maximum amount of vacation that may be taken at any
given time shall be that amount that has accrued to the employee concerned. The
minimum amount of vacation that may be taken at any given time shall be one -
half(lh) hour.
40.3 An employee shall be eligible to take any accrued vacation upon completion of thirteen
(13) complete biweekly pay periods of service.
40.4 Each employee shall have one- half(l /2) hour deducted from their accrued vacation time
for each one- half( /2) hour of vacation taken. Vacation which is accrued, but not
taken, shall be accumulated.
40.5 Maximum vacation accumulations for employees with an average regular workweek of
forty (40) hours shall be as follows:
40.5.1 For employees accruing vacation at the rate of eighty (80) hours
for every twenty -six (26) complete biweekly pay periods, the
45 AMEA Clerical 9/29/00 — 1/1/04
maximum amount of vacation that may be accumulated shall be
one hundred sixty (160) hours
40. For employees accruing vacation at the rate of one hundred six (106) hours
for every twenty -six (26) complete biweekly pay periods, the maximum
amount of vacation that may be accumulated shall be two hundred twelve
(212) hours.
40.51 For employees accruing vacation at the rate of one hundred thirty (130)
hours for every twenty -six (26) complete biweekly pay periods, the maximum
amount of vacation that may be accumulated shall be two hundred sixty
(260) hours.
40.5A For employees accruing vacation at the rate of one hundred fifty -six (156)
hours for every twenty -six (26) complete biweekly pay periods, the maximum
amount of vacation that may be accumulated shall be three hundred twelve
(312) hours.
40.E For employees accruing vacation at the rate of one hundred eighty -two (182)
hours for every twenty -six (26) complete biweekly pay periods, the maximum
amount of vacation that may be accumulated shall be three hundred sixty
four (364) hours.
40.5.6 For employees accruing vacation at the rate of two hundred eight (208)
hours for every twenty -six (26) complete biweekly pay periods, the maximum
amount of vacation that may be accumulated shall be four hundred sixteen
(416) hours.
40.5.7 For employees accruing vacation at the rate of two hundred thirty -
four (234) hours for every twenty -six (26) complete biweekly pay
periods, the maximum amount of vacation that may be
accumulated shall be four hundred sixty -eight (468) hours.
40.6 Upon termination, an employee shall be compensated in cash at their current rate of
pay for any vacation accrued but not taken, provided the employee has successfully
completed their probationary period.
46 AMEA Clerical 9/29/00 — 1/1/04
40.7 In the event that any recognized holiday occurs during any employee's vacation, the
holiday shall not be charged against the employee's accrued vacation. The only
vacation hours that shall be charged against any employee's accrued vacation shall be
those hours that the employee is regularly scheduled to work.
40.8 An employee shall . have the ability to be compensated
for accrued vacation in either two separate increments of up to forty (40)
hours each or one increment of up to eighty
twe- (2)weeks (80) hours , subject to the following
provisions:
40.8.1 A minimum of eighty -(80) forty (40) hours of vacation must have been used
during the previous twelve months.
40.8.2 An employee's request for the annual vacation payoff is subject to the approval
of the employees department head.
40.8.3 • - - - . - • . - . - .. - . - - .. The employee's balance
cannot drop below forty (40) hours as a result of the request.
ARTICLE 41
OVERTIME - GENERAL
41.1 A full -time employee who performs authorized work in excess of their normal work
period, regular work week, work day or shift shall be compensated for such work at
the rate of one and one -half (1 times their regular hourly rate of pay.
41.1.1 Overtime shall be calculated to the nearest one - quarter (1/4) hour of overtime
worked, except any overtime of Tess than one -half ( hour duration shall be
calculated to the nearest one -half ( hour.
41.1.2 All overtime must be authorized by the appropriate division head.
41.2 Notwithstanding the overtime provisions of ARTICLE 41, there shall be no
compensation for the time spent in attending meetings of any kind which are for the
purpose of education or training, unless required by law.
47 AMEA Clerical 9/29/00 — 1/1/04
ARTICLE 42
BILINGUAL PAY
42.1 Employees required to speak, read and /or write in Spanish or other languages, as well
as English, and including sign language, as part of the regular duties of their position
will be compensated at the rate of sixty dollars ($60.00) per pay period in addition to
their regular pay.
42.1.1 The appropriate department head shall designate which positions shall be
assigned bilingual duties and which languages shall be eligible for bilingual pay.
42.1.2 The Human Resources Director shall conduct a test of competency for
employees whose positions have been assigned bilingual duties to certify these
employees eligible for bilingual pay, except that operating departments with
authorized bilingual certifiers may conduct their own test of bilingual
competency and notify the Human Resources Director of the outcome of the
test.
42.1.3 Bilingual pay eligibility shall continue in accordance with the above provisions
during any period of leave with pay.
ARTICLE 43
CALL -OUT
43.1 Call out compensation shall be in accordance with the following provisions:
43.1.1 All emergency call -out time shall be calculated to the nearest one - quarter (
hour of time worked.
43.1.2 When an employee is called out for emergency work, they shall be paid at the
rate of one and one -half times their regular rate of pay for such emergency
work.
48 AMEA Clerical 9/29/00 — 1/1/04
43.2 A minimum of three (3) hours (including travel time) of pay at the rate of one and
one -half times the employee's regular rate of pay shall be guaranteed for each
emergency call -out.
43.3 Forty-five minutes time shall be added to the time worked to compensate the
employee for travel time incurred for each emergency call -out.
43.4 A minimum of two (2) hours pay at the rate of one and one -half times the employee's
regular rate of pay shall be guaranteed for planned overtime, except when such
overtime occurs immediately before or after a regular work period.
ARTICLE 44
SHIFT DIFFERENTIALS
44.1 All eight -hour periods, regularly scheduled to begin at 3:00 p.m., or thereafter, but
before 3:00 a.m. shall be designated as night shift, provided however that ANAHEIM
employees in classifications set forth in Appendix "A" who work the 2:30 p.m. to 11:00
p.m. shift at the Anaheim Police Department will also be designated as being on the
night shift.
44.1.1 A premium of five percent (5.0 %) of the employee's regular hourly rate of pay
shall be paid for work performed in the night shift.
44.1.2 A premium of five percent (5.0 %) of the employee's regular hourly rate of pay
shall be paid for each hour worked in his regular rate of pay between 3:00
a.m. and 6:00 a.m.
44.1.3 When a shift premium is applicable to time worked at the overtime rate of pay,
the overtime rate shall be applied to the applicable shift premium.
44.1.3.1 When an employee is required to work continuously without a break
beyond the end of his night shift, the overtime rate shall be applied
to the applicable shift premium.
44.1.4 Shift premium shall be payable only for hours actually worked and shall not
be paid for non -work time, such as vacations, holidays, sick leave, etc.
49 AMEA Clerical 9/29/00 — 1/1/04
50 AMEA Clerical 9/29/00 — 1/1/04
•
ARTICLE 45
SHORT SHIFT CHANGE
45.1 Short shift changes as defined herein shall be compensated at the rate of one and
one -half the employee's regular rate of pay.
45.1.1 The first work day on a new schedule after transfer from one schedule of
working days to another without notification of such transfer at least
twenty -four (24) hours in advance of the starting time of the new schedule.
45.1.2 The first shift after transfer from one eight (8) hour working shift to another
without notification of such transfer at least twenty -four (24) hours in advance
of the starting time of the new shift.
45.1.3 Whenever required to transfer from one schedule of working days to another
with but eight (8) hours off between shifts more than once in a workweek.
45.1.4 No overtime compensation shall be paid for any hours worked on a second
shift in any twenty -four (24) hour period, which hours are worked as a result of
the regular shift rotation or which hours are worked as a result of shift changes
or changes in days off mutually agreed upon by employees for their
convenience. Any changes in days off must be in the same workweek.
t
ARTICLE 46
STAND BY
46.1 An employee assigned to standby duty for purposes of being on call to handle
emergency situations arising at times other than during normal working hours shall be
guaranteed two (2) hours of pay at their regular hourly rate of pay for each calendar
day of such standby duty.
51 AMEA Clerical 9/29/00 — 1/1/04
ARTICLE 47
TRAVEL AND MILEAGE EXPENSE
47.1 Travel expense allowance for employees while on City business shall be provided in
accordance with regulations established by the City Manager and /or the City Council.
47.2 ANAHEIM'S mileage reimbursement rate will be the standard mileage rate established
by the Intemal Revenue Service.
47.3 Any increase or decrease shall be effective the first day of the second month after the
date of publication by the Intemal Revenue Service.
ARTICLE 48
MEAL ALLOWANCES
48.1 The City shall provide an employee adequate meals under the following conditions.
48.1.1 An employee shall be provided with two adequate meals if the employee is
called out on emergency overtime work one (1) hour before a scheduled
workday. If a meal has been earned under another section of this Article
within two (2) hours of the scheduled workday, only one meal shall be
provided under this section.
48.1.2 An employee will be provided one meal if the employee is called back to
emergency overtime work within one and one -half (1 hours after normal
quitting time and works beyond two and one -half (2 hours after normal
quitting time.
48.1.3 An employee shall be provided an adequate meal if the employee works two
(2) hours overtime beyond the normal quitting time.
48.1.4 An employee shall receive one meal if the employee is scheduled to work
overtime two (2) hours before a regular day.
48.1.5 An employee shall be provided an adequate meal at four (4) hour intervals
during the performance of emergency overtime work.
52 AMEA Clerical 9/29/00 — 1/1/04
48.1.6 Mealtime shall be compensated at the appropriate overtime rate and shall
normally be limited to one -half ( hour with a maximum of forty-five minutes
paid mealtime.
48.1.7 An employee may at their request, be compensated for meals at the rate of
one -half ( hour of overtime pay per meal.
ARTICLE 49
CERTIFICATION PAY
49.1 Employees in the following job classes shall receive emergency medical dispatcher
certification pay upon certification as an Emergency Medical Dispatcher by the National
Academy of Emergency Medical Dispatch of the United States of America:
Fire Communications Shift Supervisor
Fire Dispatcher I
Fire Dispatcher II
49.1.1 The effective date of emergency medical dispatcher certification pay shall be
the first day of the pay period following verification of eligibility. Upon an
employee's initial; certification, the employee will be eligible for emergency
medical dispatcher certification pay until his /her certification expires. Eligibility
for certification pay will continue only if the employee is periodically re- certified
as provided by the County of Orange Emergency Medical Services /State of
Califomia.
49.1.2 Emergency medical dispatcher certification pay shall be $758 75d per hour,
effective the first pay period following City Council approval. Employees
employed on July 1, 1994, shall be eligible to receive emergency medical
dispatcher certification pay immediately upon verification of eligibility.
49.2 Employees in the following job classes shall receive Auto Parts Specialist certification
pay upon certification as a Parts Specialist by the National Institute for Automotive
Service Excellence: Automotive Parts Specialist.
53 AMEA Clerical 9/29/00 — 1/1/04
49.2.1 Auto parts specialist certification pay will be paid once each fiscal year during
the pay period that includes November 16. Upon an employee's initial
certification, the employee will be eligible for auto parts specialist certification
pay for that fiscal year immediately upon submission of verification. Eligibility
for annual certification pay will continue only if the employee is re- certified as
provided by The National Institute for Automotive Service Excellence.
49.2.2 Auto parts specialist certification pay shall be $500.00
49.2.3 Probationary employees are not eligible for Auto Parts Specialist certification
pay.
49.2.4 Only full -time regular employees are eligible for Auto Parts Specialist
certification pay.
ARTICLE 50
GRIEVANCE - GENERAL
50.1 The dispute resolution procedures set forth in this Article are intended for use by
ANAHEIM and the AMEA as the parties to this Memorandum of Understanding. No
grievance may be brought under this Article unless specifically authorized in writing by
the AMEA. Nothing herein is intended to restrict or limit any employee from exercising
any right he or she may otherwise possess under the law, independent of this
Memorandum of Understanding.
50.2 Any alleged violation of the terms and conditions of this agreement or any alleged
improper treatment of an employee, or any alleged violation of commonly accepted
safety practices and procedures brought forward by the AMEA shall be considered to
be a matter subject to review through the grievance procedure and settled in
accordance with the provisions of this Article. ANAHEIM and the AMEA may mutually
agree that any alleged violation of the memorandum of understanding that requires
interpretation of the MOU language or a past practice shall first be submitted to non-
binding mediation, prior to any submission to arbitration. This language is not
intended to impede or delay the arbitration process.
54 AMEA Clerical 9/29/00 — 1/1/04
50.2.1 ARTICLE 28.5 provides for an accelerated procedure under the provisions of
this ARTICLE when an employee is dismissed.
50.2.2 Disputes related to benefits and procedures provided for under the Workers'
Compensation Laws of Califomia, or which fall within the jurisdiction of the
Workers' Compensation Appeals Board are not subject to the grievance
procedure.
50.2.3 Employees' rights to representation in grievance matters under the provisions
of ARTICLE 50.2 above shall be limited in the following manner:
No supervisor shall be represented in grievance matters by an employee whom
he or she may supervise.
No employee shall be represented in grievance matters by a supervisor for
whom he or she may work.
50.3 The staff officials of ANAHEIM will not recommend any revision or modification to the
grievance procedure without first discussing such recommendations with the AMEA.
50.4 Any violation of this Memorandum as alleged by ANAHEIM shall be resolved between
authorized representatives of ANAHEIM and the AMEA. In the event that the parties
cannot resolve the dispute, the dispute shall, upon the request of either ANAHEIM or
AMEA, be referred to an impartial arbitrator for a final and binding decision.
50.5 All expenses of any arbitration shall be borne equally by ANAHEIM and the AMEA.
50.6 Employee grievances submitted by AMEA to ANAHEIM shall be handled in the
following manner:
50.6.1 First Step. An attempt shall be made to adjust all grievances on an informal
basis between the employee, his or her AMEA representative, and a supervisor
in the employee's chain of command, up to and including his or her manager,
within seven (7) working days after the occurrence of the incident involved in
the grievance. The manager shall deliver his or her answer within seven (7)
working days after conducting the Step I meeting.
55 AMEA Clerical 9/29/00 — 1/1/04
50.6.1.1 Grievances resulting from the actions of a department other than an
employee's work unit shall be heard by an appropriate Administrative
Manager from that department.
50.62 Second Step. If the grievance is not adjusted to the satisfaction of the AMEA
in the First Step, it shall be submitted in writing to the employee's department
head or Administrative Manager within seven (7) working days after the Step
One answer is received by AMEA. The Department Head or Administrative
Manager shall meet with the employee and his or her AMEA representative
within ten (10) working days after submission of the grievance to him. The
Department Head or Administrative Manager shall review the grievance and
may affirm, reverse, or modify as deemed appropriate, the disposition made at
the First Step and the Second Step answer shall be delivered to the AMEA
within seven (7) working days after said meeting.
50.6.2.1 Grievances resulting from the actions of a department other than an
employee's work unit shall be heard by an appropriate Department
Head or Administrative Manager from that department.
50.6.3 Third Step. If the AMEA is not satisfied with the answer to the Second Step, it
shall be submitted to an impartial arbitrator for a final and binding decision or,
if the City Manager and the AMEA agree, it shall be submitted to the City
Manager for a final and binding decision. Such submission must occur within
thirty (30) days after the Second Step answer is received.
50.6.3.1 The parties (ANAHEIM and AMEA) may mutually agree to submit a
grievance to non - binding mediation, prior to submission to
arbitration. This language is not intended to impede or delay the
arbitration process.
50.7 If submitted to the City Manager, the City Manager or his /her assistant shall meet with
the employee and his /her AMEA representative within ten (10) working days after
submission of the grievance to him /her. The City Manager or his /her assistant may
affirm, reverse, or modify as deemed appropriate, the disposition made at the Second
Step.
56 AMEA Clerical 9/29/00 — 1/1/04
50.8 The City Manager or his /her assistant shall deliver his or her decision to the AMEA
within five (5) working days after said meeting, and such decision shall be final and
binding on both parties.
50.9 In order to proceed to arbitration, either ANAHEIM or AMEA shall serve written notice
to the other party specifying the grievance to be submitted.
50.9.1 Such written notice must be submitted no later than thirty (30) calendar days
after the Step Two answer is received by the other party.
50.9.2 ANAHEIM and AMEA shall thereafter attempt to resolve the issue and select an
impartial arbitrator. If an arbitrator cannot be agreed upon, ANAHEIM and
AMEA shall request a panel from the American Arbitration Association or any
other mutually agreed upon provider. If ANAHEIM and /or AMEA fail(s) to
submit jointly, or separately, the issue to the agreed upon arbitrator, the
American Arbitration Association or any other mutually agreed upon provider
within thirty (30) calendar days after the written notice to proceed to
arbitration is received, then either ANAHEIM or AMEA may take action to
compel arbitration. Failure to take action to compel arbitration within sixty
(60) calendar days after written notice to the other party specifying the
grievance to be submitted will conclusively be deemed abandonment of the
right to compel arbitration.
50.10 The arbitrator's decision shall be final and binding on both ANAHEIM and AMEA, it
being agreed that the arbitrator shall have no powers to add to or subtract from, nor
to modify any of the terms of any memorandum of understanding between ANAHEIM
and the AMEA and that the arbitrator's award shall be consistent with and controlled
by this Memorandum, Ordinances and Charter of the City of Anaheim, and the laws
and Constitution of the State of Califomia.
50.11 The arbitrator will be requested by the parties to render his decision in writing as
quickly as possible but in no event later than thirty (30) calendar days after the
conclusion of the hearings, unless the parties agree otherwise.
57 AMEA Clerical 9/29/00 — 1/1/04
50.11.1 Any grievance not presented and /or carried forward by the AMEA within the
time limits specified in this Article shall be deemed null and void, provided,
however, AMEA and ANAHEIM may agree to continue said time limits.
50.12 Any adoption, deletion, or revision of ANAHEIM policy as may be suggested or
recommended by any employee or employee organization shall not be considered to
be a matter subject to review through the grievance procedure.
50.13 An employee who has been suspended, demoted, or dismissed may be reinstated to
their position as a result of a successful appeal through the grievance procedure. In
the event of such reinstatement, the employee shall be returned to their former status
of employment, including reinstatement of seniority and accrued fringe benefits. In
such cases, the City Manager may order the payment of back pay to an employee
reinstated, by either the City Manager or an impartial arbitrator, in any amount up to
payment for the full period of time involved. In implementing a Step III award, the
City Manager shall order the payment of back pay to a reinstated employee in the
amount provided in the Step III award. It shall be conclusively presumed that there is
no award of back pay to a reinstated employee unless specifically set forth in the Step
III award. Any earnings of the reinstated employee from other employment during
their period of suspension shall be deducted from the amount of back pay awarded.
ARTICLE 51
INSURANCE — ACTIVE EMPLOYEES
51.1 Health Insurance
ANAHEIM agrees to offer the Kaiser Foundation Health Plan and other prepaid and /or
insured health plans recommended by the Joint Committee on Medical Programs and
approved by the City Council. Health Maintenance Organization (HMO) benefit
schedules shall be standardized to the extent possible, and shall require a $5 co-
payment for outpatient and physician services, . ANAHEIM
and AMEA agree that the co- pavment for outpatient and physician services
shall be increased to $10 effective January 1, 2001.
51.1.1 ANAHEIM and Employee Contributions
58 AMEA Clerical 9/29/00 — 1/1/04
51 A c
51.1.1.1 For calendar year 2001, ANAHEIM shall contribute towards
the monthly cost of health coverage to the various medical
plans as follows:
Single Two -Party Family
Kaiser HMO $167.48 $334.96 $473.97
Blue Shield HMO $171.18 $349.14 $496.74
Blue Shield PPO $217.72 $435.45 $616.16
High Deductible $217.72 $435.45 $616.16
Employees shall be required to pay the difference between
the total monthly cost of the plan and the City contribution
schedule outlined above.
- ... -
... -
51.1.1.2 For calendar year 2002. ANAHEIM shall contribute towards
the monthly cost of health coverage to the various medical
plans as follows:
Kaiser HMO 100% of the City's 2001 contributions
as outlined in 51.1.1 above, plus 100%
of the premium increases
Blue Shield HMO 100% of the City's 2001 contributions
as outlined in 51.1.1 above, plus 100%
of the calendar year 2002 premium
increases
59 AMEA Clerical 9/29/00 — 1/1/04
Blue Shield PPO 130% of the City's 2002 contribution
to Kaiser HMO
High Deductible 130% of the City's 2002 contribution
to Kaiser HMO
Employees shall Day any difference between the schedule
outlined above, and the total monthly cost of the plan
selected.
51.1.1.3 For calendar year 2003 ANAHEIM shall contribute towards
.., the monthly cost of health coverage to the various medical
plans as follows:
Lowest cost HMO 00% of the 2003 premium
All Other Health Plans 100% of the City's contribution
towards the plan in calendar year
2002, plus 75% of the premium
increase for calendar year 2003
Employees shall pay any difference between the schedule
outlined above, and the total monthly cost of the plan
Nothing herein shall obligate ANAHEIM to contribute more
towards the monthly cost of health insurance in future
years than the amount it contributes towards the monthly
cost of health insurance in 2003.
51.1.1.4 Effective July 1, 2001, ANAHEIM and AMEA agree to meet
and confer concerning a cafeteria plan for employee
benefits to be effective January 1, 2004. ANAHEIM and
AMEA agree that any agreement reached shall be reached
shall be created Letter of Understanding and submitted to
the City Council for determination.
60 AMEA Clerical 9/29/00 — 1/1/04
51.1.1.5 Employees who are covered by other health plans may present
proof of such coverage in order to receive $100 per month in lieu of
health benefits provided herein. In the event an employee who has
elected this option loses health coverage for any reason, and
notifies ANAHEIM of such Toss within five (5) working days, he /she
may enroll immediately in any plan offered by ANAHEIM.
Employees may re -elect the "opt-out" option annually during open
enrollment, or may enroll in a City sponsored health plan.
Effective January 1. 2003, the payment shall be increased
to $125 per month.
51.1.1.6 ANAHEIM shall during the term of this Memorandum pay an
amount equal to 100% of the current monthly Safeguard rate. In
the event the Safeguard Dental Plan is canceled during the term of
this agreement, ANAHEIM shall during the remaining term of this
agreement pay the rate in effect at the time of cancellation.
51.1.1.6.1 Employees who select a dental plan other than
Safeguard will be required to contribute an amount
equal to 100% of the excess amount over the 1984
Safeguard monthly rate.
51.122 E plo
. ■ •
. - - : . . , - . .. , ••
51.1.2 For all medical plans, married Anaheim employee couples shall be allowed only
one medical plan and only one dental plan to cover all family members, and
61 AMEA Clerical 9/29/00 — 1/1/04
married Anaheim employee couples covered by a single enrollment shall pay
no health insurance premium while both spouses are employed by ANAHEIM,
or may altematively elect the "opt -out" payment provided in section 50.1.1.5.
51.1.2 Proof of marriage will be required of all employees enrolled in any City Medical
plan to enroll a dependent spouse.
51.1.4 The Master contract between ANAHEIM and the plan administrator shall
govem in the event of any disputes over any matter within the provisions of
the contract.
51.11 The benefit schedules for the prepaid HMO health plans will not be modified
' unilaterally by ANAHEIM, except that each company may, from time to time,
make revisions to master contract language or impose minor benefit
modifications.
51.2 Life Insurance -- For Life Insurance ANAHEIM agrees to provide group term life
insurance during the term of this Memorandum according to the following schedule:
Annual Salary Volume
$ 0 - $ 5000 $ 5,000
5,001- 10,000 $10,000
10,001 - 15,000 $15,000
15,001 - 20,000 $20,000
20,001 or above $25,000
Dependent coverage with an insurance volume up to $1000 per dependent may be
added to the life insurance coverage at the option of the employee.
51.2.1 ANAHEIM agrees to provide supplemental term life insurance equal to the
amount provided in accordance with Article 51.2 above. One hundred
percent (100 %) of the cost of the supplemental term life insurance shall be
paid by the employee.
51.2.2 ANAHEIM shall contribute one -half (1/2) the cost of the premium for group
term life insurance and dependent coverage. The employee shall contribute
the difference between the ANAHEIM contribution and the total premium cost.
62 AMEA Clerical 9/29/00 — 1/1/04
51.2.3 An employee who retires shall receive a paid -up life insurance policy, paid for
wholly by ANAHEIM, with a face value of $100.00 for each complete year of
service and $50.00 for more than six months, but less than a complete year of
service up to a maximum of $2,000.00
51.2.4 Permanent and Total Disability Life Insurance Benefit.
51.2.4.1 Employees eligible to retire: Such employee who is permanently and
totally disabled shall receive the following Life Insurance benefit:
(a) $100 paid up life insurance for each year of service as provided
under the Retired Life Insurance Program.
(b) Decreasing term life insurance in the amount of the employee's
Basic Life insurance less the paid up life insurance described
above. Such term life insurance shall decrease by 1/60 of the
adjusted value each month until the face value of such
insurance reaches zero (5 years).
(c) The permanently and totally disabled employee will pay no
premium during the term of this benefit.
51.2.4.2 Employees not eligible to retire: Such employee shall receive the
following Ufe Insurance benefit:
(a) Decreasing term life insurance in the amount of the employee's
Basic Ufe Insurance. Such term insurance shall decrease by
1/60 of the original amount each month until the face value
reaches zero (5 years).
(b) The permanently and totally disabled employee shall pay no
premium during the term of this benefit.
51.3 Long Term Disability Benefits
51.3.1 ANAHEIM agrees to pay for long term disability insurance during the term of
this Memorandum.
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51.3.2 An employee shall not be eligible to receive Tong -term disability benefits until
he /she has completed one (1) year of service.
51.4 Dental Plans
51.4.1 ANAHEIM agrees to continue sponsorship of the fee for service dental plan.
51.4.2 ANAHEIM agrees to continue sponsorship of prepaid dental plans.
51.5 Short Term Disability
51.5.1 ANAHEIM agrees to continue sponsorship of the employee paid short-term
disability insurance coverage for presently enrolled employees during the term
of this Memorandum.
51.5.2 ANAHEIM agrees to provide the existing Short Term Disability plan in
accordance with ARTICLE 39.3. ANAHEIM agrees to pay ANAHEIM'S portion
of medical, dental, life, and optical insurance while absent due to illness or
injury and while collecting short-term disability benefits.
51.6 Pensions
51.6.1 ... ._ . - -: • _' - - - - - : - - -
. • • .
ANAHEIM agrees to implement procedures to amend the PERS Miscellaneous
Plan for Anaheim City, Employer Number 303, to rcfc _ ctircmc nt b
- = _ - - - - • - - - • . . 1)a Pre - Retirement Optional
Settlement 2 Death Benefit and 2) to replace the current $500
Retiree Death Benefit with a $5,000 retiree benefit, contingent upon
agreement being reached by March 20, 1998 March 30. 2001, with all
bargaining units representing miscellaneous employees.
If agreement is not reached by March 20, 1998 March 30. 2001, with all
bargaining units representing miscellaneous employees, ANAHEIM will not
64 AMEA Clerical 9/29/00 — 1/1/04
amend the PERS Miscellaneous Plan for Anaheim City, Employer Number 303,
- - - - 2
• Al, '
51.6.2 ANAHEIM shall contribute 7% (seven percent) of the employee contribution for
retirement benefits for employees currently making a 7% (seven percent)
contribution and ANAHEIM shall contribute 9% (nine percent) of the employee
contribution for retirement benefits for employees currently making a 9% (nine
percent) contribution in accordance with the provisions of the contract between
ANAHEIM and the Public Employees' Retirement System.
51.6.3 ANAHEIM shall contribute a portion of the cost of employee survivors' benefits
in accordance with the provisions of the above contract.
51.6.4 The contract between PERS and ANAHEIM and all the amendments there to as
it applies to employees in classifications listed in Appendix "A" shall become a
part of this Memorandum by reference.
ARTICLE 52
POST RETIREMENT MEDICAL BENEFITS
52.1 Regular, full -time employees in the classified service in classifications listed in Appendix
"A ", who are enrolled as subscriber in an ANAHEIM sponsored health plan at the time
of separation from ANAHEIM service shall be eligible to participate in any ANAHEIM
sponsored health (medical benefits only) plan as a retiree. As of January 1, 1995,
regular, full -time employees in the classified service in classifications listed in Appendix
"A ", who are enrolled as subscriber in an ANAHEIM sponsored dental plan at the time
of separation from ANAHEIM service and all retirees who were actively employed on or
after January 1, 1988, who are enrolled as a subscriber in any ANAHEIM sponsored
health plan shall also be eligible to participate in any ANAHEIM sponsored dental plan
as a retiree.
52.1.1 Employees who retired prior to January 1, 1988, who were eligible for post
retirement health benefits at the time of their separation from ANAHEIM
65 AMEA Clerical 9/29/00 — 1/1/04
service and who maintain continuous membership in good standing shall pay
monthly premiums in accordance with the following schedule:
Single coverage $15.00 monthly
Two-party coverage $15.00 monthly
Family coverage $45.00 monthly
52.1.2 The surviving spouse of the retiree may continue coverage under the same
terms and conditions.
52.1.3 Employees who were hired prior to January 1, 1984, and who retire on or after
January 1, 1988, and prior to January 1, 1994, and who meet the requirements
described below shall be eligible to participate in any ANAHEIM sponsored
medical and /or dental plan.
52.1.3.1 The employees must have completed at least five (5) years of
continuous, full time ANAHEIM service on the date of retirement, and
52.1.3.2 The employee must have been awarded a retirement from the Public
Employees' Retirement System ( "PERS ") as the reason for separation
from ANAHEIM service, and
52.1.3.3 PERS retirement benefits must commence no later than the first day
of the month following the date of separation from ANAHEIM service.
52.1.3.4 ANAHEIM shall contribute towards the premium costs of any
ANAHEIM sponsored health plan elected by the employee up to the
amount contributed by ANAHEIM towards the cost of the Employee
Medical Plan Option I in the year prior to the employee's retirement.
52.1.3.5 ANAHEIM shall contribute towards the premium costs of any
ANAHEIM sponsored dental plan elected by the employee up to the
amount contributed by ANAHEIM towards the cost of the Safeguard
Dental Plan in the year prior to the employee's retirement.
52.1.3.6 The surviving spouse of the retiree may continue coverage under the
same terms and conditions.
66 AMEA Clerical 9/29/00 — 1/1/04
52.1.4 Employees who retire on or after January 1, 1988, and who meet the
requirements described below shall be eligible to participate in any ANAHEIM
sponsored health plan.
52.1.4.1 The employees must have completed at least ten (10) years of
continuous, full time ANAHEIM service on the date of retirement, and
52.1.4.2 The employee must have been awarded a retirement from PERS as
the reason for separation from ANAHEIM service, and
52.1.4.3 PERS retirement benefits must commence no later than the first day
of the month following the date of separation from ANAHEIM service,
OR
52.1.4.4 The employee must have been awarded a disability retirement
(Ordinary or Industrial) from PERS as the reason for separation from
ANAHEIM service.
52.1.4.5 ANAHEIM shall provide separate contributions towards the premium
costs of the ANAHEIM sponsored medical and /or dental plans elected
by the employee according to the following schedule:
52.1.4.5.1 For Service Retirements, the contributions shall be a
percentage of the annual contributions made by ANAHEIM
on behalf of active employees, the percentage equal to
one and one- half(1.5) times the miscellaneous 2% at 60
PERS retirement schedule to a maximum contribution of
95% based on the employee's age and consecutive years
of Anaheim service at the time of retirement. ANAHEIM
service and the retiree's age shall be calculated to the
nearest complete one - quarter year.
52.1.4.5.2 For Disability Retirements, the contribution shall be a
percentage of the annual contributions made by ANAHEIM
on behalf of active employees, the percentage equal to
2% for each year of service to a maximum contribution of
67 AMEA Clerical 9/29/00 — 1/1/04
95% based on the employee's consecutive years of
Anaheim service shall be calculated to the nearest
complete one quarter year.
52.1.4.5.3 In the event an employee is eligible for both a Service and
a Disability Retirement benefit under this ARTICLE, the
employee shall receive the Service Retirement benefit.
52.1.4.5.4 The ANAHEIM contribution shall be based on the Two
party or Family rate only for those employees who
properly enroll a dependent spouse and /or other family
members prior to retirement, and shall continue only as
long as the retiree maintains coverage for such
dependents in ANAHEIM sponsored health plans. Nothing
in this ARTICLE shall prevent a retiree from properly
enrolling new dependents at the retiree's cost.
52.1.4.5.5 The full value of any MediCare credits provided to
ANAHEIM or MediCare surcharges imposed on ANAHEIM
by virtue of a retiree's participation or non - participation in
MediCare shall be passed on to the retiree in the form of
reduced or increased premium costs.
52.1.4.5.6 The surviving spouse of the retiree may continue coverage
under the same terms and conditions provided that the
surviving spouse was properly enrolled at the time of the
employee's retirement and that dependent coverage was
continuously maintained during the employee's
retirement.
52.1.5 Any employee who retires from ANAHEIM service and who is eligible to receive
a benefit under this Article may elect any benefit for which they are eligible at
the time of retirement. Such election shall be irrevocable.
52.1.6 The following conditions shall apply to all retirees who have post retirement
medical benefit coverage under this Article:
68 AMEA Clerical 9/29/00 — 1/1/04
52.1.6.1 Once canceled for any reason coverage shall not be reinstated.
52.1.6.2 Coverage shall be canceled for non - payment of fees after three
months in arrears.
52.1.6.3 There shall be Coordination of Benefits where other insurance exists.
52.1.6.4 Retirees may change plans and add dependents only during the
annual open enrollment period, except that the surviving spouse of a
retiree may not enroll a new spouse.
52.1.6.5 Vision Care benefits provided under the Employee Medical Plan are
�,...., excluded from benefits for retired employees.
52.2 Effective April 1, 2001, ANAHEIM and AMEA agree to meet and confer
concerning a defined contribution retired medical plan for new employees
to be effective January 1, 2002. ANAHEIM and AMEA agree to consider all
tax deferred options including but not limited to Voluntary Employee
Beneficiary Associations and 401 Money Purchase Plans, ANAHEIM and
AMEA agree that any agreement reached shall be created by Letter of
Understanding and submitted to the City Council for determination.
52.3 ANAHEIM and AMEA agree that employees hired on or after January 1,
2002, shall not be eligible for any ypost- retirement medical benefits under
this ARTICLE. ANAHEIM and AMEA agree that employees hired on or after
January 1, 2002, shall be provided a defined contribution post- retirement
medical established pursuant to ARTICLE 52.2 above.
ARTICLE 53
PHYSICAL EXAMINATIONS
53.1 In order to be eligible for employment with ANAHEIM, candidates shall be required to
pass a physical examination, the character of which shall be in accordance with
standards established by the Human Resources Director.
69 AMEA Clerical 9/29/00 — 1/1/04
53.2 In order to be eligible for promotion or transfer to a job class in a category requiring
greater physical qualification than his present job class, any employee must pass the
appropriate physical examination.
53.3 Any employee who returns to work after an absence in excess of forty -eight (48)
consecutive working hours due to illness or physical incapacity may be required by
his /her department head to undergo a physical examination.
53.3.1 Any employee who fails to pass a physical examination required under the
provisions of Article 53.3 may be transferred or demoted to a position requiring
lesser physical qualifications, recommended for disability retirement, or
terminated.
53.4 All physical examinations required under the provisions of this Article shall be
performed by a physician in active practice licensed by Califomia State Law and within
the scope of his practice as defined by Califomia State Law.
53.4.1 Exceptions to the provisions of Article 53.4 may be made only in the case of
out -of -state candidates for employment. In such cases, the physician
performing the examination may be a physician licensed by the state in which
the candidate resides.
53.5 ANAHEIM shall pay for any physical examination required under the provisions of this
Article.
ARTICLE 54
JOINT COMMITTEE ON MEDICAL PROGRAMS
54.1 The parties to this agreement, in recognition of the need to provide an adequate level
of medical care coverage at a reasonable cost to ANAHEIM and its employees hereby
agree to the formation of a committee to analyze current ANAHEIM sponsored medical
programs, review alternative approaches to plan design and providing medical care
programs, and investigate cost containment systems, all for the purpose of achieving
adequate low -cost medical care for the employees of ANAHEIM.
70 AMEA Clerical 9/29/00 — 1/1/04
54.2 Serving on the committee with Human Resources Department staff and operating
Department management staff will be two members from the Anaheim Municipal
Employees Association (Clerical Employees Unit).
54.3 This committee will meet as often as is necessary during the life of this agreement and
will report to the Human Resources Director on a periodic basis its findings and
recommendations for changes to ANAHEIM'S present medical programs. A report shall
be prepared setting forth specific recommendations as to altematives, plan design,
and cost containment provisions. The report shall be forwarded to the City Manager
for review.
54.4 Because of the complexity of the problem and the diverse interests of the respective
organizations, the parties recognize that it is incumbent upon all members of the
committee to work in a spirit of harmony and cooperation to achieve what should be
beneficial to all concerned.
ARTICLE 55
AGENCY SHOP
55.1 ANAHEIM agrees to implement an agency shop in accordance with Section 3502.5 of
the Govemment Code.
ARTICLE 56
NOTIFICATION OF CONTRACTING OUT
56.1 ANAHEIM agrees to notify the AMEA of possible contracting out of City work or
services if such contracting out will have a significant long -term impact on work
performed by employees in classifications represented by the AMEA.
56.1.1 Such notification will be given before a decision to contract out is made; and
56.1.2 AMEA will have an opportunity to comment prior to a determination by
ANAHEIM to enter into contracting arrangements.
71 AMEA Clerical 9/29/00 — 1/1/04
•
ARTICLE 57
NO STRIKE
57.1 The AMEA agrees that under the terms of this Memorandum, AMEA and /or its
members shall not conduct any strikes, slow -downs or other work stoppages against
ANAHEIM, or to withdraw from assignments to standby duty during any grievance or
dispute which may arise out of the application or interpretation of the terms or
conditions of this Memorandum or any matter subject to review through the grievance
procedure.
f'^ ARTICLE 58
CONSTRUCTION
58.1 Nothing in this agreement shall be construed to deny any person or employee the
rights granted by Federal and State laws and City Charter provisions. The rights,
powers and authority of the City Council in all matters, including the right to maintain
any legal action, shall not be modified or restricted by this agreement. The provisions
of this agreement are not intended to conflict with the provisions of Chapter 10,
Division 4, Title 1 of the Govemment Code of the State of Califomia (Sections 3500, et
seq.) as amended in 1982.
ARTICLE 59
SAVINGS CLAUSE
59.1 The resolution of ANAHEIM shall provide that if any provision of this Memorandum or
the resolution is at any time, or in any way, held to be contrary to any law by any
court of proper jurisdiction, the remainder of this Memorandum and the remainder of
the resolution shall not be affected thereby, and shall remain in full force and effect.
72 AMEA Clerical 9/29/00 — 1/1/04
ARTICLE 60
DURATION
60.1 The terms of this Memorandum are to remain in full force and effect until the 28th 1s
day of September 2000 ,anuary 2004. Upon adoption of a resolution approving
this Memorandum and the terms hereof by the City Council of the City of Anaheim,
this Memorandum shall be in full force and effect as of the 4th 29 day of October,
1996 September 2000.
STAFF OFFICIALS OF THE CITY OF ANAHEIM MUNICIPAL EMPLOYEES
ANAHEIM, a Municipal Corporation ASSOCIATION, CLERICAL EMPLOYEES
By: By:
By: By:
By: By:
Dated: By:
By:
By:
By:
By:
By:
By:
By:
By:
By:
By:
Dated:
73 AMEA Clerical 9/29/00 — 1/1/04
APPENDIX "A" WAGES
LABOR MARKET WAGE EQUITY ISSUES
• • • y e . __
The CITY agrees to establish a fund equal to 1.5% of the )anuary 2001
AMEA payroll to increase salaries of AMEA members whose salaries are below
market. THE CITY shall meet and confer regarding the distribution of these
adjustments, but the CITY and the AMEA agree that priority shall be given to
address inequities in the clerical bargaining unit. The City and the AMEA further
recognize and agree that the City shall utilize both private and public sector
comparisons to determine market wage equity.
In June 2002. the CITY shall assess whether additional market wage equity
adjustments are necessary for AMEA classifications. This assessment shall be
based on the City's ability to retrain. attract and recruit employees. The City shall
commit to making market wage equity adjustments up to 1.25 of the )anuary
2001 AMEA payroll. If the City does not expend the entire 1.25 %. the City and the
AMEA agree to re -open negotiations regarding market wage equity adjustments
only.
74
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2001 R -59 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 6th day of March, 2001, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
ITY CLERK OF THE CITY OF ANAHEIM
(SEAL)