RES-2009-146AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
BY
RESOLUTION NO. 2009 -146
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 PEACE OFFICERS UNIT
REPRESENTED BY THE ANAHEIM POLICE 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 August 18, 2009, between the Anaheim Police
Association 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 Police Association and the City of
Anaheim executed by the City Management Representative and the Anaheim Police
Association on August 18, 2009, 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 January 8, 2010 through July 7, 2011.
BE IT FURTHER RESOLVED that Resolution No. 2006 -19 is hereby repealed effective
January 8. 2010.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 25thday of August 2009, by the following roll call vote:
Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NONE
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NONE
NONE
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CITY CLERK OF THE CITY OF A AHEIM
APPROVED AS TO FORM:
CRISTINA L. TALLEY, CITY ATTORNEY
P 1
MAYOR OF THE PPI<F ANAHEIM
F:1OT1013C .DOC
MEMORANDUM of UNDERSTANDING
between the
ANAHEIM POLICE ASSOCIATION
and the
City of Anaheim
JANUARY 8, 2010 JULY 7, 2011
TABLE OF CONTENTS
Page
ARTICLE 1 Preamble 1
ARTICLE 2 APA Recognition 1
ARTICLE 3 Management Rights 1
ARTICLE 4 Employee Rights 1
ARTICLE 5 Notification 2
ARTICLE 6 Consultation 2
ARTICLE 7 Meet and Confer 2
ARTICLE 8 Memorandum of Understanding 3
ARTICLE 9 Personnel Ordinance, Employer Employee Relations
Ordinance 3
ARTICLE 10 Discussion 3
ARTICLE 11 Check -Off 4
ARTICLE 12 APA Organization 4
COMPENSATION AND PAY PROVISIONS
ARTICLE 13 Compensation 5
ARTICLE 14 Classification 6
ARTICLE 15 Appropriate Salary Step 6
ARTICLE 16 Salary Relationships 8
ARTICLE 17 Educational Incentive 9
ARTICLE 18 Hours of Work and Pay Day 10
ARTICLE 19 Temporary Upgrade 10
ARTICLE 20 Payroll Deductions 11
EMPLOYMENT PROVISIONS
ARTICLE 21 General 11
ARTICLE 22 Appointments and Promotions 12
ARTICLE 23 Nepotism 13
ARTICLE 24 Employment Lists 14
ARTICLE 25 Probation 14
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ARTICLE 26 Outside Employment 17
ARTICLE 27 Service Awards 17
ARTICLE 28 Training 18
ARTICLE 29 Salary Step Reduction, Suspension,
Demotion Dismissal 18
ARTICLE 30 Layoff and Re- employment 20
ARTICLE 31 Transfer 21
ARTICLE 32 Reinstatement 22
ARTICLE 33 Voluntary Demotion 22
LEAVE PROVISIONS
ARTICLE 34 Bereavement Leave 23
ARTICLE 35 Holidays 24
ARTICLE 36 Industrial Accident Leave 24
ARTICLE 37 Jury Duty and Court Appearances 25
ARTICLE 38 Leave Without Pay 26
ARTICLE 39 Military Leave 27
ARTICLE 40 Sick Leave 27
ARTICLE 41 Paid Leave Program 28
PREMIUM PAY PROVISIONS
ARTICLE 42 General Overtime 31
ARTICLE 43 Bilingual Pay 33
ARTICLE 44 Call Out 34
ARTICLE 45 Shift Differential 35
ARTICLE 46 Special Assignments 35
ARTICLE 47 Short Shift Change 36
ARTICLE 48 Stand By 36
ARTICLE 49 Travel and Mileage Expense 37
ARTICLE 50 K -9 Unit 37
WORK RULES
ARTICLE 51 Meal Allowance 38
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ARTICLE 52 Miscellaneous 39
ARTICLE 53 Police Officer Trainee 39
ARTICLE 54 Administrative Leave with Pay 40
ARTICLE 55 Grievance General 40
INSURANCE
ARTICLE 56 Insurance Active Employees 44
ARTICLE 57 Post Retirement Medical Benefits 48
MISCELLANEOUS
ARTICLE 58 Medical Examinations 54
ARTICLE 59 Mandatory Permanent Modified Duty Program 55
ARTICLE 60 Fitness /Wellness Program 57
ARTICLE 61 Fitness for Duty 58
ARTICLE 62 Fitness for Duty Assessments 59
ARTICLE 63 Joint Committee on Medical Programs 59
ARTICLE 64 Residence Incentive 60
ARTICLE 65 Full Time Release 60
ARTICLE 66 No Strike 61
ARTICLE 67 Construction 61
ARTICLE 68 Savings Clause 61
ARTICLE 69 Duration 62
APPENDIX "A" SPECIAL PROVISIONS
APPENDIX "A" WAGES
January 8, 2010 through July 7, 2011
APPENDIX "B"
Nine Plan
Trip Reduction Nine Plan
Ten Plan
Uniform Patrol Twelve Plan
Detention Facility Alternate Work Schedule
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Appendix A -1
Appendix A -2
Appendix B
ARTICLE 1
PREAMBLE
1.1 The wages, hours and conditions of employment that are set forth in this
Memorandum shall apply to all the employees of City of Anaheim (hereinafter called
"ANAHEIM working in the classifications set forth in Appendix "A
1.2 The terms and conditions of employment that are set forth in this Memorandum
have been discussed in good faith between the staff officials of ANAHEIM and the
Anaheim Police Association (hereinafter called "APA Upon ratification of the terms
of this Memorandum by the APA membership and the incorporation in full of all
terms and conditions of employment as set forth herein in a resolution of the
Anaheim City Council, all the terms and conditions of this Memorandum so
incorporated shall become effective without any further action by either party.
ARTICLE 2
APA RECOGNITION
2.1 The APA is the recognized bargaining representative formally acknowledged as such
by ANAHEIM for all employees in the job classifications listed in Appendix "A" to this
agreement. 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 APA shall be kept fully informed and have the right to be present
at all such meetings between ANAHEIM and the individual.
ARTICLE 3
MANAGEMENT RIGHTS
3.1 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 4
EMPLOYEE RIGHTS
4.1 Employees shall have all rights granted to public employees under California law.
Employees shall have the right to form, join and participate in the activities of
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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 the
employee's exercise of these rights.
4.2 Nothing contained in this Memorandum of Understanding shall be construed as
conferring police officer status to employees working in the classifications of Bailiff,
Corrections Officer and Corrections Facility Supervisor. Employees working in those
classifications are specifically exempted from any State, Federal or local laws that
apply exclusively to police officers, including but not limited to Worker's
Compensation Benefits under 4850 of the State Labor Code, and the Public Safety
Officers Procedural Bill of Rights Act, Government Code sections 3300, et seq.
ARTICLE 5
NOTIFICATION
5.1 Reasonable written notice shall be given by the Anaheim City Management
Representative to the APA of any proposed ordinance, resolution, rule or regulation
directly relating to matters within the scope of representation to be presented to the
Anaheim City Council for determination, and the APA shall be given the opportunity
to meet and confer in good faith with the Anaheim City Management Representative
prior to submission to the Anaheim City Council for determination.
5.2 In cases of emergency when the Anaheim City Council determines that an ordinance,
resolution, rule or regulation must be adopted immediately without prior notice or
meeting with the APA, the Anaheim City Management Representative shall provide
such notice at the earliest practicable time following the adoption of such ordinance,
resolution, rule or regulation.
ARTICLE 6
CONSULTATION
6.1 The Anaheim City Management Representative, after consultation in good faith with
representatives of the APA, may recommend adoption of reasonable rules and
regulations for the administration of employer employee relations. The Anaheim
City Management Representative shall consult in good faith with representatives of
the APA on employer employee relations matters which affect them, including those
that are not subject to meeting and conferring.
ARTICLE 7
MEET AND CONFER
7.1 The Anaheim City Management Representative and representatives of the APA 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
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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
meeting and conferring process and the use of such impasse procedure is mutually
agreed upon by the Anaheim City Management Representative and the APA.
7.2 The Anaheim City Management Representative shall not be required to meet and
confer in good faith on any subject pre empted by Federal or State Law or by the
Anaheim City Charter, nor shall the representative 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.
7.3 The Anaheim City Management Representative will not recommend any revision or
modifications to this Memorandum without first meeting and conferring in good faith
on such recommendations with the APA.
ARTICLE 8
MEMORANDUM OF UNDERSTANDING
8.1 When the meeting and conferring process results in agreement between the
Anaheim City Management Representative and the APA, such agreement shall be
incorporated in a written Memorandum of Understanding signed by the Anaheim City
Management Representative and the APA representatives. The matters incorporated
in the memorandum shall be presented to the Anaheim City Council, or its statutory
representative, for determination.
ARTICLE 9
PERSONNEL ORDINANCE, EMPLOYER EMPLOYEE RELATIONS ORDINANCE
9.1 The terms and conditions of employment set forth in the ordinances referred to as
the Personnel Ordinance and the Employer Employee Relations Ordinance are
incorporated verbatim by reference in this Memorandum.
ARTICLE 10
DISCUSSION
10.1 It is the intent of the 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 APA or ANAHEIM at either party's request.
10.2 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.
10.3 If the parties are not able to resolve the issues after three (3) meetings, the issues
will be considered dropped, unless both agree to meet additional times.
10.4 If the discussion process results in an agreement between the City Management
Representative and the APA to amend this Memorandum of Understanding, such
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agreement shall be incorporated in a written Letter of Understanding, signed by the
City Management Representative and the APA representatives. The matters
incorporated in the Letter of Understanding shall be presented to the Anaheim City
Council, or its statutory representative, for determination.
ARTICLE 11
CHECK -OFF
11.1 ANAHEIM agrees to check off for the payment of the regular monthly APA dues and
to deduct such payments from the wages of all the APA members and employees
when authorized to do so by said members and employees, and remit such
payments to the APA 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 APA shall constitute payment of said dues by such members and
employees of the APA.
ARTICLE 12
APA ORGANIZATION
12.1 The APA representatives are those elected or appointed in accordance with the
constitution and bylaws of the APA.
12.1.1 ANAHEIM recognizes the APA's right to appoint or elect Department
Representatives.
12.1.2 The APA shall notify the Anaheim City Management Representative, in
writing, of the names and job class titles of its officers, department
representatives and other officials each time an election is held or new
appointments are made.
12.1.3 Employees elected or appointed as an officer or department representative of
the APA shall be required to work full time in their respective job class and
shall not interrupt the work of other employees.
12.2 Officers and representatives of the APA (subject to the provisions of Section 12.1.3)
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.
12.2.1 Such officers and representatives shall not enter any work location without
the knowledge of the Chief of Police, division head, or other appropriate
supervisor.
12.2.2 Solicitation of membership and all activities concerned with the internal
management of the APA, such as collecting dues, holding membership
meetings, preparation of petitions or grievance material, preparation of
proposals, campaigning for office, conducting elections and distributing
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literature, shall not be conducted during working hours, except with
permission of ANAHEIM.
12.3 In the event that the APA is formally meeting and conferring with representatives of
ANAHEIM on matters within the scope of representation, a reasonable number of
officers, employee representatives or other officials of the APA shall be allowed
reasonable time off from their normal work schedule without loss of pay or benefits.
12.4 ANAHEIM agrees that due to the unique work schedules of employees assigned to
law enforcement work, the members of the Board of Directors of the APA shall be
allowed time off without loss of compensation or other benefits to attend a regularly
scheduled monthly board meeting which occurs during their regular work shift.
12.5 ANAHEIM agrees to provide a combined total of up to one thousand (1000) hours
per year of paid released time from normal work assignments to the Board of
Directors of the APA. The APA 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 APA Board of Directors. The provisions of this Section are exclusive of any
released time taken by the APA President under ARTICLE 65 -FULL TIME RELEASE.
12.5.1 Such officers, employee representatives and officials shall not leave their duty
or workstation or assignment without the knowledge of the appropriate
manager or supervisor.
12.5.2 Such meetings are subject to scheduling in a manner consistent with
operating needs and work schedules.
12.6 ANAHEIM shall furnish a bulletin board at mutually agreeable, specific locations for
the purpose of posting notices pertaining to APA business.
12.6.1 All materials must be dated and must identify the APA.
12.6.2 ANAHEIM reserves the right to determine what reasonable portion of bulletin
boards are to be allocated to APA materials.
1.2.6.3 If the APA does not abide by these provisions it will forfeit its right to have
materials posted on ANAHEIM bulletin boards.
12.7 ANAHEIM shall allow the APA to conduct meetings in Anaheim City facilities.
12.7.1 Such meetings shall be scheduled in accordance with regulations governing
use of public meeting rooms at Anaheim City facilities.
ARTICLE 13
COMPENSATION
13.1 Wages for the various classifications shall be set forth in Appendix "A" attached to
this Memorandum and by this reference shall be made a part hereof.
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15.1.2 To the 4 step after completion
15.1.3 To the 5 step after completion
15.1.4 To the 6 step after completion
15.1.5 To the 7 step after completion
15.1.6 To the 8 step after completion
15.1.7 To the 9 step after completion
ARTICLE 14
CLASSIFICATION
14.1 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.
14.1.1 A job class may contain one (1) or more positions.
14.1.2 Classification of all positions in the classified service shall require approval of
the Anaheim City Manager.
14.2 A position may be reclassified on the basis of changes in or reevaluation of the
duties, responsibilities, and /or qualification requirements of the position.
14.2.1 The Human Resources Director shall be responsible for recommending such
reclassification as he /she finds to be necessary.
14.2.2 A reclassification shall become effective upon action by the Anaheim City
Manager on a Personnel Action Form.
14.2.3 Incumbents may or may not be reclassified with their positions, based upon
the recommendation of the Human Resources Director, the Chief of Police
and the approval of the Anaheim City Manager.
ARTICLE 15
APPROPRIATE SALARY STEP
15.1 Regular, full -time employees shall be eligible for consideration for merit pay
increases as follows:
15.1.1 To the 3rd step after successful completion of the Police Academy.
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of six (6) months of service in the 3rd step.
of six (6) months of service in the
of six (6) months of service in the
of six (6) months of service in the
4 step.
5 step.
6 step.
of one (1) year of service in the 7 step.
of one (1) year of service in the 8 step.
15.1.8 To the 10 step after completion of one (1) year of service in the 9 step.
15.1.9 In such cases as may occur wherein an employee shall demonstrate
exceptional ability and proficiency in performance of 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 Chief of Police.
15.2 Merit pay increases shall be granted upon approval of the Chief of Police for
continued meritorious and efficient service and continued improvement by the
employee in the effective performance of the duties of the employee's position.
15.2.1 The effective date of the merit pay increases shall be the first day of the pay
period following approval as provided in Section 15.2 and completion of the
minimum required service in the next lower step as provided in Section 15.1.
15.3 Newly hired employees shall normally be compensated at the lowest step of the
salary schedule of the job class for which they were hired. ANAHEIM may hire at a
higher step in the salary schedule.
15.3.1 The provisions of this ARTICLE shall also apply to re- employed and reinstated
employees, except as provided for in Section 30.1.2.
15.4 Incumbent employees reclassified with their position to a lower job class shall retain
their rate of pay and their anniversary date for purposes of merit pay increases, or
shall be placed in the step of the lower salary schedule closest to their rate of pay.
If the 10 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 shall be compensated at the "Y" step until such
time as the employee's job class is assigned to a salary schedule in which the 10
step is equivalent to or higher than the "Y" step, at which time the employee shall be
placed in the 10 step.
15.5 Incumbent employees reclassified with their position to an equivalent job class shall
retain their rate of pay and their anniversary date for purposes of merit pay
increases.
15.6 Employees who are promoted or reclassified with their 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 less than 4% except when the 10 step of the higher salary schedule
provides a pay increase of less than 4 The employee shall be given a new
anniversary date for purposes of merit pay increases in accordance with the
provisions of Section 15.1.
15.6.1 An employee shall be placed at the entry-level step in the salary range when
promoted to Police Officer Trainee.
15.7 An employee who is demoted for disciplinary reasons shall be placed in the highest
step of the lower salary schedule that will provide a reduction in pay of not less than
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4 The employee shall be given a new anniversary date for purposes of merit pay
increases in accordance with the provisions of Section 15.1.
15.8 Employees in a job class assigned to a different salary schedule as a result of a pay
adjustment shall retain their same salary step status in the newly authorized salary
schedule and shall retain the same anniversary date for purposes of merit pay
increases.
15.9 When more than one (1) 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 articles of this 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 16
SALARY RELATIONSHIPS
16.1 ANAHEIM and the APA agree that the wages for all classifications represented by the
APA shall be based on the salary relationships listed below:
CORRECTIONS OFFICER
Bailiff 1.075 x Corrections Officer
Corrections Facility Supervisor 1.150 x Corrections Officer
POLICE OFFICER
Police Officer Trainee
Police Officer Special Assignment
Police Officer Helicopter Pilot (Commercial)
Police Officer Helicopter Pilot (Private)
Police Officer Master Advanced
Police Officer Master Intermediate
Police Officer Polygraph Examiner
Police Officer Senior Master Advanced
Police Officer Senior Master Intermediate
Police Sergeant
Police Sergeant Helicopter Pilot (Commercial)
Police Sergeant Helicopter Pilot (Private)
Police Sergeant Senior Master
0.975 x Police Officer
1.05 x Police Officer
1.10 x Police Officer MA
1.05 x Police Officer MA
1.125 x Police Officer
1.10 x Police Officer
1.20 x Police Officer
1.15 x Police Officer
1.125 x Police Officer
1.20 x Police Officer MA
1.10 x Police Sergeant
1.05 x Police Sergeant
1.0225 x Police Sergeant
16.2 An employee in any of the classifications in the Police Officer benchmark series who
is assigned to special assignment duty outside uniform patrol shall receive additional
compensation of two and one -half percent (21/2%) of his /her base hourly rate of
pay.
16.3 An employee in any of the classifications in the Police Officer benchmark series who
is assigned as a Field Training Officer (FTO) shall receive a five percent (5 pay
differential. Such pay shall be in lieu of, and not in addition to, any other special
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assignment pay an employee may be entitled to under any other provisions of this
ARTICLE. An employee assigned as an FTO may be removed from such assignment
at the sole discretion of the Chief of Police.
16.4 An employee in any of the classifications in the Police Officer benchmark series who
is assigned as a Canine Officer shall receive a two and one -half percent (2 pay
differential. Such pay shall be in lieu of, and not in addition to, any other special
assignment pay an employee may be entitled to under any other provisions of this
ARTICLE
16.5 An employee in any of the classifications in the Police Officer benchmark series who
is assigned as a Flight Instructor shall receive a five percent (5 pay differential.
Such pay shall be additional to and not in lieu of, the two and one -half percent
(21/2%) special assignment pay provided to employees under the provisions of
Section 16.2. Flight Instructor special assignment pay shall be in lieu of, and not
additional to, all other forms of special assignment pay authorized in this ARTICLE.
16.6 An employee in any of the classifications in the Police Officer benchmark series who
is assigned to Motor Duty shall receive additional compensation of five percent (5
of their base hourly rate of pay. Such pay shall be in lieu of, and not in addition to,
any other special assignment pay an employee may be entitled to under any other
provisions of this ARTICLE.
ARTICLE 17
EDUCATIONAL INCENTIVE
17.1 Police Officers qualified as Master Intermediate shall be paid ten percent (10
above Police Officer.
17.1.1 Police Officers shall be designated Master Intermediate when they meet the
following criteria: Possession of an Intermediate "POST" certificate.
17.2 Police Officers qualified as Master Advanced shall be paid twelve and one -half
percent (12 above Police Officer.
17.2.1 Police Officers shall be designated Master Advanced when they meet the
following criteria: Possession of an Advanced "POST" certificate.
17.3 Police Officers receiving compensation as Master Intermediate or Advanced shall not
have their compensation changed due to assignment.
17.4 Police Officers qualified as Senior Master Intermediate shall be paid twelve and one
half percent (12 above Police Officer.
17.4.1 Police Officers shall be designated Senior Master Intermediate when they
meet the following criteria: Possession of an Intermediate "POST" certificate,
have one (1) year of experience in an assignment outside uniform patrol with
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the Anaheim Police Department, and be currently assigned to uniform patrol
duty.
17.5 Police Officers qualified as Senior Master Advanced shall be paid fifteen percent
(15 above Police Officer.
17.5.1 Police Officers shall be designated Senior Master Advanced when they meet
the following criteria: Possession of an Advanced "POST' certificate, have
one (1) year of experience in an assignment outside uniform patrol with the
Anaheim Police Department, and be currently assigned to uniform patrol
duty.
17.5.1.1 The Chief of Police may defer granting Senior Master "POST' status
to employees otherwise eligible for premium pay under Section
17.5.1 whose reassignment to Patrol is other than voluntary.
17.6 Police Officers receiving compensation as Senior Master Intermediate or Advanced
shall relinquish their "Senior" status upon reassignment outside uniform patrol.
17.6.1 Upon completion of five (5) continuous years of receiving compensation as
Senior Master Intermediate or Advanced while not assigned to uniform patrol
duty, Police Officers shall cease receiving compensation as Senior Master
Intermediate or Advanced.
17.7 ANAHEIM agrees that Police Sergeants qualified as Senior Master Advanced shall be
paid two and one quarter percent (2 above Police Sergeant.
17.7.1 Police Sergeants shall be designated Senior Master when they meet the
following criteria: Possession of an Advanced "POST" certificate, have one
(1) year of experience as a Police Sergeant in an assignment outside uniform
patrol with the Anaheim Police Department, and be currently assigned to
uniform patrol duty as a Police Sergeant.
17.7.1.1 The Chief of Police may defer granting Senior Master "POST' status
to employees otherwise eligible for premium pay under Section
17.7.1 whose reassignment to Patrol is other than voluntary.
17.8 ANAHEIM and the APA agree that Police Officers and Police Sergeants must be
physically at work and on full duty on the date of appointment to any type of Master
Police Officer or Sergeant "POST" Advanced.
17.9 It is understood that Police Sergeant ("POST" Advanced) and Master Police Officer
status is subject to review in accordance with ARTICLE 55- GRIEVANCE GENERAL.
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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 The monthly rate shall be the hourly rate times 2080 divided by 12.
18.2 Regular salaries and compensation of employees shall be paid on a biweekly basis.
18.2.1 APA recognizes the cost savings of using the Direct Deposit System and will
encourage their members to sign up for direct deposit of paychecks.
18.3 All paid leave shall be paid at the employees' regular hourly rate of pay.
18.4 ANAHEIM and the APA agree that in certain instances alternatives to the traditional
work schedule may be appropriate. Such alternate work schedules shall be included
as a part of this Memorandum in Appendix "B
18.4.1Employees in the Helicopter detail shall be assigned to the "Ten Plan" work
schedule in accordance with Appendix "B" of this Agreement. Such assignment shall
continue beyond six (6) months at the discretion of the Chief of Police.
18.4.2 Employees in the Detention Facility shall be assigned to the Detention Facility
Alternate Work Schedule in accordance with Appendix "B."
18.5 ANAHEIM and the APA agree to work together cooperatively to ensure that any
alternate work schedule authorized by ANAHEIM is operationally effective and
efficient. The parties agree to meet at least twice each year to assess service levels
to the public, and to resolve any operating problems associated with the various
authorized alternate work schedules. The APA acknowledges that alternate work
schedules are authorized and continued at the sole discretion of ANAHEIM. Any
decision to cancel an alternate work schedule included in Appendix "B" shall be
discussed with the APA under the provisions of ARTICLE 10- DISCUSSION prior to
taking final action.
ARTICLE 19
TEMPORARY UPGRADE
19.1 Temporary upgrading shall be defined as the temporary assignment of an employee
to work in a job classification which is assigned to a salary schedule higher than the
employee's regular job classification.
19.1.1 Upgrade to a vacant position shall be limited to six (6) months, except in
cases of extended paid leave, industrial accident leave or leave without pay.
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19.2 Employees temporarily upgraded to the following job classifications shall receive a
five percent (5 pay differential for all time worked in the higher job classification
during normal working hours if they are assigned to work in the higher classification
for a period of one (1) complete work shift or longer. Employees temporarily
upgraded to any of these job classes shall receive a five percent (5 pay
differential for all time worked in the higher job classification during other than
normal working hours:
Bailiff
Corrections Facility Manager
Police Lieutenant
Police Officer Polygraph Examiner
Police Officer Helicopter Pilot
Police Sergeant
Police Sergeant Helicopter Pilot
Police Sergeant Senior Master
Corrections Facility Supervisor
19.3 Employees in the following job classes who are assigned to supervise the Police
Department Front Counter operations shall receive a two and one -half percent
(2 pay differential for all time worked while so assigned.
Police Officer
Police Officer Helicopter Pilot
Police Officer Master Advanced
Police Officer Master Intermediate
Police Officer Senior Master Advanced
Police Officer Senior Master Intermediate
Police Sergeant
Police Sergeant Helicopter Pilot
Police Sergeant Senior Master
19.4 If an employee is temporarily assigned to perform work at a lower rated job
classification, the employee's rate of pay shall not be changed. Such temporary
assignments of work shall be made at the discretion of ANAHEIM.
19.5 ANAHEIM and the APA agree that parallel moves may be made within classifications
or positions left vacant in order to avoid the necessity of working an employee at a
higher rated job classification.
19.6 The determination of those persons qualified to work in higher rated classifications
shall be established by ANAHEIM. Assignments to higher rated classifications shall
be made at the sole discretion of ANAHEIM.
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ARTICLE 20
PAYROLL DEDUCTIONS
20.1 Deductions of authorized amounts may be made from employee's 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 Orange County's Credit Union;
20.1.8 Contributions to the City Employees Annual Charities Fund Drive;
20.1.9 Payment of membership dues to the APA;
20.1.10 Purchase of United States Savings Bonds; and
20.1.11 Other purposes as may be authorized by the ANAHEIM 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 the Anaheim City Manager or by a management employee
who the Anaheim City Manager has delegated 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 For purposes of recruitment ANAHEIM will notify the APA, and the APA shall refer
skilled and experienced personnel to ANAHEIM for necessary testing.
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21.3 Job Bulletins regarding classifications represented by the APA shall be sent to the
APA during recruitment periods.
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 the APA or non
APA membership or because of race, color, creed, national origin, religion, gender,
age or physical disability, except where age or lack of physical disability is a bona
fide occupational qualification.
21.5 ANAHEIM agrees to post at the time promotional opportunities bulletins are
distributed the criteria and procedures used in performing management evaluations
provided for in ARTICLE 22- APPOINTMENTS AND PROMOTIONS.
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.
22.2 Minimum standards of employment for each job classification shall be recommended
by the Human Resources Director and approved by the Anaheim City Manager.
22.3 Vacancies in positions above the entry level shall be filled by promotion whenever
one (1) or more qualified candidates are available, except when a qualified, work
disabled employee is placed in such position according to the Vocational
Rehabilitation Administrative Regulation. 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.
22.3.1 Advancement to a higher paid job classification shall constitute a promotion.
Promotions shall be limited to full -time or part-time employees of ANAHEIM.
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, gender, age, or
physical disability, except where gender, age, or lack of physical disability is a bona
fide occupation qualification.
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22.5 Candidates who qualify for employment or promotion shall be placed on an eligibility
list for the appropriate job classification. 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.
22.6 When an appointment is to be made to a vacancy, the Human Resources Director
shall submit to the Chief of Police the names on the appropriate employment list.
Appointments to vacant positions shall be made by the Chief of Police, with the
concurrence of the Human Resources Director.
22.6.1 The Chief of Police, with the concurrence of the Human Resources Director,
may order names removed from an eligibility list for good and sufficient
reasons.
22.7 In the absence of appropriate employment lists, a provisional appointment may be
made by ANAHEIM of a person meeting the minimum qualifications for the position.
An eligibility list shall be established within six (6) 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 (6) months of
the employee's provisional appointment, said provisional appointee shall have his or
her 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 Anaheim City
Manager may be made without competitive examinations and /or evaluations. Such
appointments may be made by the Chief of Police (with the approval of the Human
Resources Director and the Anaheim City Manager). In the event that a grant
funded appointee fails to complete competitive examinations and /or evaluations and
is not appointed to an ANAHEIM funded position during the employee's period of
employment under the grant, said grant funded appointee shall be terminated from
ANAHEIM employment.
ARTICLE 23
NEPOTISM
23.1 The Anaheim City Council shall not appoint to a salaried position under the Anaheim
City government any person who is a relative by blood or marriage within the third
degree of any one (1) or more of the members of such Anaheim City Council, nor
shall the Anaheim City Manager or the Chief of Police or other officer having
appointive power appoint any relative of his or hers nor of any Council Member
within such degree to any such position.
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ARTICLE 24
EMPLOYMENT LISTS
24.1 Employment lists, in order of their priority, shall be re- employment lists and eligibility
lists.
24.2 Re- employment lists shall contain the names of regular, full -time employees laid off
in good standing for lack of funds or work.
24.2.1 Names on re- employment lists shall remain for a period not to exceed three
(3) years. Anyone re- employed from this list more than one (1) year after
his or her layoff shall be required to pass a pre employment medical
examination as well as serve a new probationary period.
24.3 Eligibility lists shall be created in accordance with the provisions of ARTICLE
22- APPOINTMENTS AND PROMOTIONS.
24.3.1 Eligibility lists may contain the names of one (1) or more persons eligible for
employment.
24.3.2 Open competitive eligibility lists shall remain in effect for a period of one (1)
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.
24.3.3 Promotional eligibility lists shall remain in effect for a period of one (1) year
or until depleted. Promotional eligibility lists may be extended by the Human
Resources Director for a period not to exceed one (1) additional year.
ARTICLE 25
PROBATION
25.1 Employees appointed from eligibility lists, employees reinstated in accordance with
Section 32.1.2 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 six (6) months unless otherwise specified for certain designated
job classes.
25.1.1 Certain designated job classes in the classified service shall have a regular
period of probation which begins on the date of appointment and ends
twelve (12) months after completion of recruit training. These job classes
shall be Police Officer, Police Officer- Trainee and Police Sergeant.
25.1.2 Certain designated job classes in the classified service shall have a regular
period of probation that begins on the date of appointment and ends twelve
(12) months after the date of appointment. These job classes shall be Bailiff,
Corrections Officer and Corrections Facility Supervisor.
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25.1.3 In the event an employee is absent from work or on temporary restricted
modified light duty due to a lengthy illness or injury during his or her
probationary period, said employee's probationary status may be extended
beyond the regular period of probation in the amount of one (1) complete
biweekly pay period for each complete biweekly pay period lost due to the
illness or injury.
25.1.4 Upon successful completion of a probationary period, an employee shall be
granted regular status in the classification in which the probationary period is
served.
25.2 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 Chief of Police 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 this Memorandum.
25.2.1 An employee rejected during the probationary period from a position to which
the employee has been promoted shall be returned to the classification in
which the employee has regular status unless the reasons for failure to
complete the probationary period would be cause for dismissal. An employee
who has successfully completed an initial probationary period as a full -time
employee of ANAHEIM prior to a promotion shall be afforded all appropriate
appeal rights if the employee's failure to complete the probationary period in a
position to which the employee has been promoted results in dismissal. Such
appeal rights shall be limited to the issue of whether the proposed dismissal is
for good and sufficient cause.
25.3 An employee shall be retained beyond the end of the probationary period only if the
Chief of Police or the Chief's designated representative affirms that the services of the
employee have been found to be satisfactory.
ARTICLE 26
OUTSIDE EMPLOYMENT
26.1 An employee may engage in employment other than the employee's job with
ANAHEIM, if the Chief of Police determines that such outside employment does not
interfere with the performance of assigned duties and does not constitute a conflict
of interest.
ARTICLE 27
SERVICE AWARDS
27.1 Service awards, in the form of service pins or the equivalent, shall be presented to
employees in classifications listed in Appendix "A" as listed below. Such service
awards shall also be presented to any employee upon his or her retirement.
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Five (5) years of service;
Ten (10) years of service;
Fifteen (15) years of service;
Twenty (20) years of service;
Twenty -five (25) years of services;
Thirty (30) years of service
Thirty-five (35) years of service
Forty (40) years of service.
27.1.1 For purposes of this ARTICLE the term "years of service" shall be defined as
continuous, full -time service.
ARTICLE 28
TRAINING
28.1 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.
28.1.1 Reimbursement to employees for costs incurred for formalized training shall
be in accordance with regulations established by the Anaheim City Manager.
ARTICLE 29
SALARY STEP REDUCTION, SUSPENSION, DEMOTION AND DISMISSAL
29.1 The tenure of every employee shall be conditioned on good behavior and
satisfactory work performance. Any employee may be suspended, demoted, or
dismissed for good and sufficient cause.
29.2 When in the judgment of the Chief of Police, or the Chief's designated
representative, an employee's work performance or conduct justifies disciplinary
action short of demotion or dismissal, the employee may be:
29.2.1 Suspended without pay. Upon taking such action, the Chief of Police or the
Chief's designated representative 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 ninety (90) calendar days at any one (1) time. Suspensions imposed for
less than seven (7) calendar days shall be for a specified number of
scheduled work hours.
29.2.2 Reduced by one (1) salary step at a time. Such action shall require the
specific recommendation of the Chief of Police, or the Chief's designated
representative. Upon taking such action, the Chief of Police or the Chief's
designated representative 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 the
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employee's former salary step at such time as deemed appropriate by the
Chief of Police or the Chief's designated representative.
29.3 An employee may be demoted or dismissed upon recommendation of a division head
or other appropriate supervisor whenever in the judgment of the Chief of Police or
the Chief's designated representative, the employee's work or misconduct so
warrants. Upon taking such action, the Chief of Police or the Chief's designated
representative 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.
29.4 An employee may appeal disciplinary actions taken under this ARTICLE under the
provisions of ARTICLE 55- GRIEVANCE GENERAL.
29.5 When an employee is dismissed as provided in this ARTICLE, ANAHEIM and the APA
agree to the following accelerated procedure under the provisions of
ARTICLE 55- GRIEVANCE GENERAL.
29.5.1 ANAHEIM and the APA agree that only one (1) Post Skelly hearing by the
appropriate Executive or Administrative Manager shall be held. This hearing
shall be held within ten (10) working days after the dismissal is grieved
unless mutually extended.
29.5.2 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 APA
agree to:
29.5.2.1 Develop a standing list of mutually approved arbitrators.
29.5.2.1.1 This list shall include no more than five (5) mutually
approved arbitrators.
29.5.2.1.2 ANAHEIM and the APA agree to re- establish the list of
arbitrators once each year in January.
29.5.2.1.3 ANAHEIM and the APA may agree to remove arbitrators
from this list at anytime.
29.5.2.2 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.
29.5.2.3 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
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29.6 An employee who has been suspended, demoted, or dismissed may be reinstated to
his or her position as a result of a successful appeal through the grievance
procedure. In the event of such reinstatement, the employee shall be returned to
the employee's former status of employment, including reinstatement of seniority
and accrued fringe benefits. In cases heard by the Anaheim City Manager, the
decision shall explicitly detail what backpay, if any, is awarded to a reinstated
employee. Any earnings of the reinstated employee from other employment during
the employee's period of suspension shall be deducted from the amount of back pay
ordered by the Anaheim City Manager, if the employee would not have otherwise
earned such amount.
ARTICLE 30
LAYOFF AND RE- EMPLOYMENT
30.1 Layoffs shall be made on the basis of seniority within the affected job classification
in the Police Department. In rare circumstances where a Tess senior employee who
would otherwise be targeted for layoff possesses unique specialized skills that are
not otherwise available within the Police Department, that employee may be
exempted from such layoff.
30.1.1 Employees promoted from classifications listed in Appendix "A" to
non bargaining unit classifications may be reassigned to their former
classification in the bargaining unit with no loss of seniority in the event they
are laid off from their non bargaining unit classification.
30.1.2 An employee who has been laid off shall be reassigned to any non-
management position within the Anaheim Police Department in an equivalent
or lower job classification for which he or she meets the minimum
requirements and has Anaheim Police Department seniority over other
employees in that job classification. If the employee whose position has
been abolished does not have Anaheim Police Department seniority over
other employees in equivalent or lower classes, the employee may be
reassigned by the Chief of Police to any vacant position within the Anaheim
Police Department in an equivalent or lower job classification, for which the
employee meets the minimum requirements. Employees so reassigned shall
be placed in the salary step of the appropriate salary schedule closest to their
rate of pay. Employees so reassigned shall be reinstated to their former job
classification and salary step status when positions in their former job
classification (within their department) become vacant. Such reinstatement
shall be on the basis of Anaheim Police Department seniority.
30.1.3 Whenever an employee whose position has been abolished cannot be
reassigned to a vacant position within the employee's department, the
employee shall be reassigned by the Anaheim City Manager to any vacant
position in any other division or department in his or her job classification or
in an equivalent or lower job classification for which he or she meets the
minimum qualifications for employment. If an employee is reassigned to a
vacant position within the employee's job classification in any other
20
department, the employee shall retain their rate of pay. If an employee is
reassigned to a vacant position in an equivalent or lower job classification in
any other department, the employee 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
classification in any other department shall be reinstated to their former job
classification and salary step status when positions in their former job
classification (within their former department) become vacant. Such
reinstatement shall be on the basis of Anaheim Police Department seniority.
30.2 Whenever an employee whose position has been abolished is not reassigned to any
vacant position, the employee shall be placed on the re- employment list for his or
her job classification. Persons on the re- employment list shall be re- employed with
their former salary step status when positions in their job classification (within the
Anaheim Police Department from which they were laid off) become vacant. Re-
employment shall be on the basis of Anaheim Police Department seniority.
30.3 Whenever an employee is reassigned to a vacant position in the same classification,
an equivalent classification, or lower classification as herein provided, the employee
shall retain the same anniversary date for purposes of merit pay increases.
30.4 Whenever an employee is reinstated to a vacant position in his /her former job
classification, or re- employed as herein provided, his /her anniversary date for
purposes of merit pay increases shall be the one the employee had at the time
he /she was laid off from the position.
30.4.1 An employee reinstated from the re- employment list shall be considered to
have continuous service and may be credited with the amount of
accumulated paid leave the employee had accrued at the time of layoff if the
employee elects to remit to ANAHEIM any payment received under the
provisions of ARTICLE 41 -PAID LEAVE PROGRAM.
30.5 The provisions of this ARTICLE shall apply only to regular, full -time employees in the
classified service. Employees appointed to certain grant funded positions as
designated by the Anaheim City Manager under Section 22.8 and newly hired
probationary employees shall be excluded from the provisions of this ARTICLE.
ARTICLE 31
TRANSFER
31.1 A voluntary change of an employee's place of employment from one department to
another shall be considered a transfer. A change of an employee's place of
employment to a vacant position in a job classification on the same salary schedule
as the employee's own job classification shall also be considered a transfer.
31.1.1 A voluntary transfer from one department to another department shall
require the approval of the head of the department to which the employee
21
is voluntarily transferring. Such a transfer shall be initiated by request of
the employee to the Human Resources Director.
31.1.2 A transferred employee shall retain his or her rate of pay and anniversary
date for purposes of merit pay increases.
31.1.3 In order to be transferred to a job classification with minimum standards of
employment substantially different from those of the employee's own job
classification, an employee shall be required to demonstrate eligibility for
employment in accordance with the provisions of ARTICLE
22- APPOINTMENTS AND PROMOTIONS.
31.2 Transfers for the betterment of employees and the best interests of ANAHEIM shall
be encouraged by all echelons of management.
ARTICLE 32
REINSTATEMENT
32.1 An employee who terminates employment in good standing may be reinstated to a
vacant position in his or her former job classification within three (3) years of his or
her termination date without re- qualifying for employment by competitive processes.
32.1.1 Employees reinstated within thirty (30) days of their termination date shall be
considered to have continuous service. Employees shall be placed in their
former salary step and shall retain their anniversary date for purposes of
merit pay increases. If the employee's anniversary date has occurred during
the period of his or her absence, the new anniversary date shall be the first
day of the next biweekly pay period following reinstatement.
32.1.2 Employees reinstated after thirty (30) days of their termination date 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.
32.2 An employee may be reinstated under the provisions of the Vocational Rehabilitation
Administrative Regulation to any vacant position for which they meet the minimum
qualifications.
ARTICLE 33
VOLUNTARY DEMOTION
33.1 If an employee takes a voluntary demotion as a result of a downward reclassification
of the employee's position, the employee's salary step status shall be in accordance
with the provisions of Section 15.4.
33.2 Voluntary demotions as a result of impending layoff shall be in accordance with the
provisions of ARTICLE 30- LAYOFF AND RE- EMPLOYMENT.
22
33.3 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 to a classification the employee was not promoted from may be
placed in any salary step of the appropriate salary schedule that does not provide an
increase in salary, and shall be given a new anniversary date for purposes of merit
pay increases in accordance with provisions of Section 15.1. An employee taking
such a voluntary demotion to a classification the employee was promoted from shall
be returned to the salary step from which the employee was promoted and shall
receive credit for time previously served at that salary step for the purposes of
determining the anniversary date for merit pay increases.
33.3.1 Voluntary demotions in accordance with the Vocational Rehabilitation
Administrative Regulation shall be in accordance with the provisions of
Section 33.3.
33.4 An employee who has taken a voluntary demotion to a lower job classification may
be reinstated to a vacant position in the employee's former job classification within
three (3) years of the effective date of the voluntary demotion without re- qualifying
by competitive processes.
33.4.1 Employees reinstated to a former job classification from a voluntary demotion
shall retain their rate of pay. If their rate of pay is not included in the salary
schedule of the former job classification, employees shall be placed in the
salary step of that salary schedule which is closest to their rate of pay.
Employees shall retain their anniversary date for purposes of merit pay
increases; however, if an employee is placed at or below the 6 step of the
salary schedule, the employee shall be eligible for a merit pay increase after
six (6) months or the employee's regular anniversary date, whichever is
sooner.
ARTICLE 34
BEREAVEMENT LEAVE
34.1 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, stepparent, spouse or registered
domestic partner, child, brother, or sister of the employee, or any child, parent,
foster parent or stepparent of the employee's spouse, regardless of residence.
34.2 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 one
(1) work shift. Other family members shall be defined as grandparent, grandchild,
daughter -in -law, son -in -law not under the same roof of the employee; and any
grandparent, grandchild, brother, or sister of the employee's spouse or registered
domestic partner, regardless of residence.
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34.3 Bereavement leave may be used only at the time a death occurs, or to make burial
arrangements and /or attend funeral or memorial services.
34.4 As used in this ARTICLE, "registered domestic partner" means that a Declaration of
Domestic Partnership has been filed with the California Secretary of State.
ARTICLE 35
HOLIDAYS
35.1 The following days shall be recognized as holidays:
January 1, 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 4, Independence Day
First Monday in September, Labor Day
November 11, Veteran's Day
Fourth Thursday in November, Thanksgiving Day
Friday after Thanksgiving
December 25, Christmas Day
Every day designated by the Anaheim City Council for a public feast,
thanksgiving or holiday.
35.2 Employees in uniformed assignments shall have the option to either 1) receive
additional compensation equivalent to 1 /10th of their regular bi- weekly
compensation for each holiday listed in Section 35.1 with an eight (8) hour reduction
to their Paid Leave account balance in the payroll period in which the holiday falls, or
2) receive no additional compensation and no reduction to their Paid Leave account
balance in the payroll period in which the holiday falls.
35.3 Employees in non uniformed assignments shall have the option of observing the
holidays listed in Section 35.1 by drawing against their Paid Leave account or
working the holiday. There shall be no additional compensation when an employee
elects to work a holiday.
35.4 If not enough employees in non uniformed assignments volunteer to work on a
holiday, the Chief of Police or the Chief's designee may require employees to work
the holiday. The determination as to which employees will be required to work shall
generally be made on the basis of seniority.
ARTICLE 36
INDUSTRIAL ACCIDENT LEAVE
36.1 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 California Worker's Compensation
24
Insurance and Safety Act, such absence shall be considered to be Industrial Accident
Leave.
36.2 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 California Worker's Compensation Insurance
and Safety Act and the employee's regular rate of pay.
36.2.1 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 Department of the filing of such legal action.
36.3 Industrial Accident Leave shall begin on the first day of such absence as defined in
Section 36.1.
36.3.1 Industrial Accident Leave shall continue during all absences due to a single
injury, but not to exceed one (1) year of accumulated absence.
36.3.2 Industrial Accident Leave benefits provided by this ARTICLE shall apply to
each injury or disease as defined in Section 36.1.
36.3.3 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.
36.3.4 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.
36.3.5 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.
36.4 No employee shall have accrued paid leave deducted while on Industrial Accident
Leave. Paid leave shall continue to accrue for any employee on Industrial Accident
Leave in accordance with the provisions of ARTICLE 41 -PAID LEAVE PROGRAM.
ARTICLE 37
JURY DUTY AND COURT APPEARANCES
37.1 In the event any full -time employee is duly summoned to any court for the purpose
of performing jury duty, the employee shall receive his /her regular compensation for
any regularly scheduled working hours spent in actual performance of such service.
37.1.1 Whenever employees are duly summoned to appear as a witness in an action
arising out of their employment adverse to ANAHEIM, except where the
employee is a litigant or a defendant in a criminal case brought about as a
25
result of his /her own misconduct, employees shall receive their regular
compensation for any regularly scheduled working hours spent in actual
performance of such service.
37.1.2 Whenever employees are summoned to appear as a witness for court
matters within the scope of their employment, employees shall be
compensated in accordance with provisions concerning compensation for
normal performance of duties.
37.1.3 Employees receiving witness fees shall remit such fees to the Collection
Officer in order to be considered at work for payroll purposes during time
spent as such witnesses.
ARTICLE 38
LEAVE WITHOUT PAY
38.1 Any employee who is absent from work and who is not on leave with pay shall be
considered to be on leave without pay.
38.1.1 An employee on leave without pay shall receive no compensation and shall
accumulate no paid leave while on such leave.
38.1.2 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 employee's division head. Leave without pay in excess of
forty (40) hours shall require the approval of the Chief of Police.
38.1.3 In the event that leave without pay is granted an employee for reasons of
illness or physical incapacity, ANAHEIM shall continue to pay for any
hospitalization and major medical insurance previously paid for by ANAHEIM
for a maximum of twelve (12) 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 twelve (12) complete
months.
38.1.4 In the event that leave without pay is granted an employee for an absence
due to a disputed worker's compensation illness or injury, ANAHEIM shall
continue to pay for any hospitalization and major medical insurance
previously paid for by ANAHEIM for a maximum of twenty -four (24) 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 twenty -four (24) complete months.
38.1.5 An employee who is absent from work for a period of (1) one year on leave
without pay shall be separated from service; provided however that an
employee who is absent from work as a result of a disputed worker's
compensation illness or injury shall not be separated until the employee has
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been absent for two (2) years. An employee separated under the provisions
of this ARTICLE shall be eligible for reinstatement pursuant to ARTICLE 32-
REINSTATEMENT. No psychological evaluation will be required. Separation
under the provisions of this paragraph shall not affect an employee's
eligibility for any Disability or Worker's Compensation benefits to which the
employee may be entitled.
38.1.6 Leave Without Pay as provided for in Sections 38.1.3 and /or 38.1.4 may be
extended at the request of the Chief of Police, with the concurrence of the
Human Resources Director, when there is sound medical reason to believe
that the employee's return to work is likely.
38.1.7 An employee returning to work from leave without pay shall be placed in the
same salary step the employee was in prior to such leave. If such leave was
in excess of two (2) complete biweekly pay periods, the employee's
anniversary date for purposes of merit pay increases shall be changed to
conform with the provisions of Section 15.1 provided that the employee
returns to a position in the same job class. If the employee returns to a
position in a lower job class, the employee's salary step status shall be
determined in accordance with the provisions of ARTICLE 33- VOLUNTARY
DEMOTION.
ARTICLE 39
MILITARY LEAVE
39.1 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
California (Section 395) and with all Federal provisions (Public Law 93 -508).
ARTICLE 40
SICK LEAVE
40.1 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 or her beneficiary, as
designated by Public Employee's Retirement System records if the employee dies
while employed.
40.1.1 An employee who has more than five (5) years of continuous City service
and is age 50 or older may elect once each calendar year to receive all or a
portion of his or her Employee Sick Leave Trust Fund amount. When partial
payment is requested, the amount shall not be less than twenty -five (25
of the balance, and a maximum of four (4) such partial payments shall be
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allowed with the fourth payment paying the entire remaining balance in the
account.
40.1.2 Beginning with tax year 2004 and thereafter, employees may no longer elect
to receive a portion of the Sick Leave Trust Fund amount and shall be paid
any remaining balance only upon separation from City service.
ARTICLE 41
PAID LEAVE PROGRAM
41.1 The Paid Leave program for regular, full -time employees in classifications listed in
Appendix "A" shall be administered in accordance with the following provisions:
41.1.1 Employees shall accrue Paid Leave time as follows:
41.1.1.1 For the first four (4) years of continuous, full -time service
employees shall accrue Paid Leave at the rate of ten (10) hours
for each complete biweekly pay period plus two (2) hours paid
leave at the close of the final complete biweekly pay period of
each fiscal year (262 hours per year). The maximum amount of
Paid Leave that may be accrued shall be twice the annual accrual.
41.1.1.2 Upon completion of four (4) years of continuous, full -time service,
employees shall accrue Paid Leave at the rate of eleven (11) hours
for each complete biweekly pay period plus two (2) hours paid
leave at the close of the final complete biweekly pay period of
each fiscal year (288 hours per year). The maximum amount of
Paid Leave that may be accrued shall be twice the annual accrual.
41.1.1.3 Upon completion of eight (8) years of continuous, full -time
service, employees shall accrue Paid Leave at the rate of twelve
(12) hours for each complete biweekly pay period plus two (2)
hours paid leave at the close of the final complete biweekly pay
period of each fiscal year (314 hours per year). The maximum
amount of Paid Leave that may be accrued shall be twice the
annual accrual.
41.1.1.4 Upon completion of fourteen (14) years of continuous, full -time
service, employees shall accrue Paid Leave at the rate of thirteen
(13) hours for each complete biweekly pay period plus two (2)
hours paid leave at the close of the final complete biweekly pay
period of each fiscal year (340 hours per year). The maximum
amount of Paid Leave that may be accrued shall be twice the
annual accrual.
41.1.1.5 Upon completion of twenty (20) years of continuous, full -time
service, employees shall accrue Paid Leave at the rate of fourteen
(14) hours for each complete biweekly pay period plus two (2)
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hours paid leave at the close of the final complete biweekly pay
period of each fiscal year (366 hours per year). The maximum
amount of Paid Leave that may be accrued shall be twice the
annual accrual.
41.1.1.6 Upon completion of twenty five (25) years of continuous, full -time
service, employees shall accrue Paid Leave at the rate of fifteen
(15) hours for each complete biweekly pay period plus two (2)
hours paid leave at the close of the final complete biweekly pay
period of each fiscal year (392 hours per year). The maximum
amount of Paid Leave that may be accrued shall be twice the
annual accrual.
41.2 Paid Leave time off shall be granted to employees for the purpose of scheduled
vacation leave, holiday time off in accordance with ARTICLE 35- HOLIDAYS of this
Agreement, and medical and dental appointments during work hours. Leave
authorized under this section shall require prior approval, and shall be granted in
accordance with the best interests of ANAHEIM and the Police Department.
41.3 Employees shall only be eligible for unscheduled Paid Leave time off for the following
reasons: a) Illness of the employee or physical incapacity of the employee due to
illness or injury, b) Enforced quarantine of the employee in accordance with
community health regulations, c) Temporary disabilities caused by pregnancy and
childbirth, and d) Illness of the employee's immediate family.
In the event that an employee is absent on unscheduled Paid Leave in excess of two
(2) consecutive work shifts, the Chief of Police or division head may require the
employee to submit a written statement by a physician licensed by the State of
California certifying that the employee's condition or that of an immediate family
member prevented the employee from performing the duties of his /her position.
Failure on the part of the employee to comply with such a requirement may be
considered cause for denial of Paid Leave and may also be considered cause for
disciplinary action.
41.4 An employee requesting Paid Leave time for an absence from work as a result of any
injury or illness which comes under the State of California 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 California Worker's
Compensation Insurance and Safety Act and the employee's regular basic rate of pay.
41.5 Paid Leave time shall continue to accrue in accordance with the above provisions
during any period of leave with pay except that employees who remain on Industrial
Accident Leave after exhausting State mandated 4850 benefits shall accumulate no
Paid Leave time.
41.6 An employee shall have one -half hour deducted from the employee's accrued
Paid Leave time for each one -half hour of Paid Leave time taken. The minimum
amount of Paid Leave time that may be taken at any time is one -half hour.
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41.7 The maximum amount of Paid Leave time that may be taken at any time shall be that
amount that has accrued to the employee.
41.8 In the event that an employee leaves work during working hours and is placed on
Paid Leave time prior to the close of the workday, such Paid Leave time shall be
calculated to the nearest hour.
41.9 Paid leave time which is accrued but not taken shall be paid under the following
conditions:
41.9.1 Upon separation from employment, the employee shall be paid for all hours
accrued but not used in excess of one hundred seventy five (175) hours. In
the event the employee retires from ANAHEIM service or separates due to
layoff, all hours accrued but not used shall be reported as unused sick leave
for additional service credit in accordance with the contract between
ANAHEIM and the Public Employees Retirement System, or, at the option of
the employee, paid in cash at the employee's regular hourly rate of pay.
41.9.2 Employees may request to be compensated for up to eighty (80) accrued
Paid Leave hours once per calendar quarter (January 1 to March 31;
April 1 to June 30; July 1 to September 30; October 1 to December 31)
subject to the following provisions:
41.9.2.1 The employee must have used a minimum of forty (40) hours
of Paid Leave during the preceding twelve (12) months.
41.9.2.2 The employee's Paid Leave balance cannot drop below one
hundred seventy -five (175) hours as a result of the request.
41.9.2.3 The Chief of Police or the Chief's designee must approve the
employee's request for Paid Leave pay -off.
41.10 An employee who is continuously and totally disabled for more than thirty (30)
calendar days shall be eligible to receive a disability benefit of eighty -five percent
(85 of the employee's base rate of pay, before withholding taxes and less
deductible benefits. Such disability benefit shall continue during total disability up to
a maximum of six (6) months from date of disability.
41.10.1 Deductible benefits include salary or other compensation paid by any
employer including self employment, and disability and retirement
benefits from the following sources:
a) A 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.
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b) A state, federal or other governmental disability or retirement plan
(including but not limited to the Federal Social Security Act) if benefits
being received are for the current disabling condition.
c) Any pension plan toward which ANAHEIM contributed.
41.10.2 Total disability means an employee's complete inability to engage in the
employee's regular occupation.
41.10.3 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.
41.11 If two (2) 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
(1) period of continuous total disability under the following conditions:
41.11.1 All periods of total disability must be due to the same cause or causes; and
41.11.2 All recurring periods of total disability that qualify as one (1) period of
continuous total disability for the insured LTD plan, shall qualify as one (1)
period of continuous total disability for the ANAHEIM Disability Plan and
shall not require a new one (1) month waiting period before ANAHEIM
Disability Benefits will be paid; and
41.11.3 Commencement of the benefit period for the insured LTD plan shall
automatically terminate benefits from the ANAHEIM Disability Plan.
41.12 An employee who is continuously and totally disabled for more than six (6) months
shall receive long -term disability benefits in accordance with the provisions of ARTICLE
56- INSURANCE ACTIVE EMPLOYEES.
ARTICLE 42
GENERAL OVERTIME
42.1 A full -time employee who performs authorized work in excess of the employee's
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 the employee's regular hourly
rate of pay. For the purpose of determining an employee's eligibility for overtime
compensation under the provisions of this ARTICLE, an employee shall be regarded
as having performed authorized work when he or she is on an authorized paid leave
of absence.
42.1.1 Overtime shall be calculated to the nearest one quarter hour of overtime
worked, except any overtime of less than one -half (1/2) hour duration shall be
calculated to the nearest one -half hour.
42.1.2 All overtime must be authorized by the appropriate division head.
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42.1.3 Compensatory time at the overtime rate for employees may be authorized by
the appropriate supervisor in lieu of pay on the basis of the best interest of
the Anaheim Police Department and ANAHEIM, but, the employee shall have
the option of being paid in cash for any overtime work performed, or
accepting the half time portion in pay and accumulating the straight time.
The employee shall also have the option of accruing up to a maximum of
eighty (80) hours compensatory time per year. Such compensatory time
shall be paid off to a balance of forty (40) hours on the last payday in June of
each year. A terminating employee shall be compensated at his /her current
rate of pay for accrued compensatory time.
42.1.3.1 The Chief of Police shall have authority to suspend the option
of accepting the half time portion in pay and accumulating
straight time by any work section, or any classification, or any
individual employee in the event that temporary or short term
staffing levels or other work anomalies result in employees not
having a reasonable expectation of taking compensatory time
off. The Chief's decision shall be communicated to the A
42.1.3.2 Compensatory time in lieu of overtime shall not be authorized
for any planned overtime assignments (i.e. any overtime
scheduled 24 hours or more in advance of the assignment).
ANAHEIM and the APA agree that this paragraph shall remain
in effect through the 7 day of January, 2010, unless
extended by mutual agreement of the parties.
42.1.4 Notwithstanding the above overtime provisions, 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.
42.2 Employees assigned to work overtime for which ANAHEIM is reimbursed shall not be
allowed compensatory time for such work but shall be compensated at the
appropriate overtime rate of pay.
42.3 ANAHEIM and the APA agree that overtime assignments to Police Sergeant positions
for which Anaheim is reimbursed shall be made to the following groups in the
following order:
1. Current Police Sergeants
Employees currently employed as Police Sergeants who voluntarily request
an assignment to work overtime at such events.
2. Police Lieutenants /Police Captains
Management employees who voluntarily request an assignment to work
overtime at such events after the primary group has been depleted.
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At such times as management employees work events under the provisions
of this ARTICLE, they shall be paid one and one -half (1 times the hourly
rate of Police Sergeant 10th step.
3. Police Sergeants Ordered to Work
Employees currently employed as Police Sergeant who are ordered to work
the event.
ARTICLE 43
BILINGUAL PAY
43.1 Employees required to speak, read and /or write in Spanish or other languages as
well as English as part of the regular duties of their position will be compensated as
follows:
2 '/2% Street Level, where the Officer is able to get his or her point
across to a monolingual speaker of the second language, in situations where
lack of speed in communicating in the second language will not have an
adverse effect on handling a situation effectively.
5% Complex Level, where the Officer must be able to
communicate effectively and quickly with a monolingual speaker of a second
language, in a variety of situations requiring immediate comprehension of the
circumstances, to minimize danger to Police personnel and /or the general
public.
7 1 /2% Court Certified, where the Officer must be able to effectively
interpret or translate oral statements of victims, witnesses, or suspects who
are monolingual in a second language, in situations where attention to
accuracy and nuance is essential to the successful outcome of an
investigation or court proceeding. It is the intent of the parties that Officers
at this level successfully pass an oral interpretation examination equivalent to
that required by a Court of Law.
43.1.1 The Chief of Police shall designate which positions shall be assigned bilingual
duties and shall determine which languages, where there is a substantial
non English speaking population in the community, shall be eligible for
bilingual pay.
43.1.2 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 an authorized bilingual certifier may conduct their own test of bilingual
competency and notify the Human Resources Director of the outcome of the
test.
43.1.3 Bilingual pay eligibility shall continue in accordance with the above provisions
during any period of leave with pay.
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43.1.4 Bilingual pay eligibility shall continue only as long as the employee
demonstrates continuing competency through an annual proficiency
examination, and the Chief of Police affirms an ongoing need for the
assigned bilingual duties.
43.1.4.1 Employees who, as of June 1, 2009, receive bilingual pay five
percent (5 who do not successfully pass a required recertification
examination shall be allowed up to six (6) months to successfully
pass a subsequent recertification examination before their bilingual
pay is removed.
43.2 ANAHEIM agrees that no employee shall be required to take the test of competency
and receive bilingual pay.
ARTICLE 44
CALL -OUT
44.1 Call out compensation shall be in accordance with the following provisions:
44.1.1 All emergency call -out time shall be calculated to the nearest one quarter
(1/4) hour of time worked.
44.1.2 When an employee is called out for emergency work, the employee shall be
paid at the rate of one and one -half (1 times the employee's regular
hourly rate of pay for such emergency work.
44.1.3 A minimum of two (2) hours (including travel time) of pay at the rate of one
and one -half (1 times the employee's regular hourly rate of pay shall be
guaranteed for each emergency call out.
44.1.4 For employees not assigned take home vehicles, forty-five (45) minutes time
shall be added to the time worked to compensate the employee for travel
time incurred for each emergency call out.
44.1.5 Employees subpoenaed to appear during off -duty hours as a prosecution
witness for court matters within the scope of their employment and who
receive such subpoenas after 5:00 p.m. of the calendar day prior to the date
of court appearance shall receive overtime compensation according to
emergency call out provisions.
44.1.6 Employees subpoenaed to appear during off -duty hours as a prosecution
witness for court matters within the scope of their employment and who
receive such subpoena before 5:00 p.m. the calendar day prior to the date of
court appearance shall be compensated at the appropriate rate of pay.
44.2 A minimum of two (2) hours pay at the rate of one and one -half (1 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.
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ARTICLE 45
SHIFT DIFFERENTIAL
45.1 An employee who works a shift that includes any of the twelve (12) hours between
1800 (6:00 p.m.) and 0600 (6:00 a.m.) shall be eligible to receive shift differential
pay for those regular hours worked.
45.2 A premium of 2.0% of the employee's regular hourly rate of pay shall be paid for all
regular hours worked between 1800 (6:00 p.m.) and 0600 (6:00 a.m.).
45.2.1 Shift premium shall be payable only for regular shift hours actually worked
and shall not be paid for overtime or non -work time, such as vacations,
holidays, paid leave, etc.
45.2.2 An employee eligible to receive shift differential who is temporarily upgraded
to Police Lieutenant shall be eligible to receive shift differential pay while
temporarily upgraded.
ARTICLE 46
SPECIAL ASSIGNMENTS
46.1 A Police Officer or Police Sergeant assigned to special assignment duty outside
uniform patrol shall be compensated in accordance with Section 16.2. ANAHEIM and
the APA agree that such employees may be required to carry pagers for the purpose
of being on call to handle emergency situations arising at times other than during
normal working hours as part of their Special Assignment duties.
46.2 With the exception of employees assigned pursuant to ARTICLE 59- MANDATORY
PERMANENT MODIFIED DUTY PROGRAM employees shall be required to change
assignments after five (5) years in a specialized assignment.
46.2.1 The requirements of Section 46.2 shall apply only to those employees who
are newly assigned to a special assignment on or after January 19, 2001.
46.2.2 Employees assigned to a specialized assignment in traffic shall be required
to change assignments after six (6) years.
46.2.3 Employees assigned to a specialized assignment in helicopters shall be
required to change assignments after ten (10) years.
46.2.4 Employees in a specialized assignment who receive at least "Meets
Standards" for the last five (5) annual evaluations, and a minimum of
'Above Standards" for two (2) of the last three (3) annual evaluations shall,
upon request, be extended in that specialized assignment for a maximum
of two (2) additional years.
46.3 The Police Chief may waive the requirements of Section 46.2 above when such
waiver would serve the best interests of the Department.
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46.4 The provisions of Section 46.2 shall be suspended during the term of this
Agreement, including any extensions elected by the APA as provided for in Appendix
"A Special Provisions.
ARTICLE 47
SHORT SHIFT CHANGE
47.1 Short shift change as defined herein shall be compensated at the rate of one and
one -half (1 times the employee's regular hourly rate of pay.
47.1.1 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.
47.1.2 The first shift after transfer from one 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.
47.1.3 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.
47.1.4 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.
ARTICLE 48
STANDBY
48.1 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 the employee's regular hourly rate of pay for
each calendar day of such standby duty.
48.2 An employee assigned to standby duty for purposes of being on call for court
appearances within the scope of his /her employment arising at times other than
during normal working hours shall be guaranteed two (2) hours of pay at the
employee's regular hourly rate of pay for each calendar day of such standby duty.
An employee assigned to standby duty for purposes of being on call for two (2)
separate court subpoenas for both a morning session and an afternoon session on
the same day shall be guaranteed two (2) additional hours of pay at the employee's
regular hourly rate of pay for each calendar day of such standby duty. This
provision does not apply to carryovers from a single subpoena from a morning
session to an afternoon session.
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48.2.1 An employee who is called for a court appearance in accordance with this
ARTICLE and who is required to report back after a lunch period shall be
provided a one (1) hour unpaid meal period.
49.1 Travel expense allowance for employees while on ANAHEIM business shall be
provided in accordance with regulations established by the Anaheim City Manager
and /or the Anaheim City Council.
49.2 Anaheim's Mileage Reimbursement rate will be the maximum mileage allowance
established by the Internal Revenue Service for which an employee does not have to
account to his or her employer for business transportation expenses.
49.3 Any increase or decrease shall be effective the first day of the second month after
the date of publication by the Internal Revenue Service.
50.1 Officer Selection
ARTICLE 49
TRAVEL AND MILEAGE EXPENSES
ARTICLE 50
K -9 UNIT
50.1.1 The Anaheim Police Department shall determine the standards and
procedures for selection of officers assigned to the K -9 Unit.
50.2 Compensation
50.2.1 Premium and call out compensation shall be in accordance with the
provisions of ARTICLE 42- GENERAL OVERTIME and ARTICLE 44 -CALL OUT.
50.3 Conditions of Assignment
50.3.1 Officers selected for the K -9 Unit shall agree to a two (2) year minimum
assignment to the K -9 Unit.
50.3.2 K -9 officers shall reside within 30 minutes normal driving time from the Police
Department.
50.3.3 K -9 officers shall have the approval of all family members living in the same
household to participate in the K -9 Unit.
50.3.4 ANAHEIM shall be responsible for constructing a dog house and run on the K-
9 officer's property.
50.3.5 K -9 officers shall live in a single family dwelling. If renting or leasing, the
officer shall have a long -term agreement and written permission of the
property owner to house the dog.
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50.4 Program Operation
50.4.1 Equipment Assignment
50.4.1.1 K -9 officers shall be permanently assigned a squad car, and a
hand -held radio and a charger, which will be kept at the officer's
home when not on duty.
50.4.1.2 Such general training and handling equipment as required to
maintain the dog in first -rate condition shall be provided by the
Anaheim Police Department.
50.4.2 Care of the Dog
50.4.2.1 The Anaheim Police Department shall provide necessary
veterinarian visits on -duty or the officer shall be compensated at the
appropriate overtime rate of pay for off -duty visits in accordance
with ARTICLE 42- GENERAL OVERTIME.
50.4.2.2 The Anaheim Police Department shall provide dog food and feeding
utensils.
50.4.2.3 During K -9 officer vacations, the dog shall be housed with another
K -9 Unit or at a kennel, at the discretion of the Anaheim Police
Department. Kennel boarding expenses shall be borne by the
Anaheim Police Department.
50.4.2.4 K -9 officers shall be responsible for providing general care for the
dog, ensuring that the animal is in good health and fit for duty.
50.5 Training as directed by the Anaheim Police Department shall be conducted while the
officer is on -duty. Overtime training shall be compensated at the regular overtime
rate of pay in accordance with ARTICLE 42- GENERAL OVERTIME.
ARTICLE 51
MEAL ALLOWANCE
51.1 ANAHEIM shall provide an employee adequate meals under the following conditions:
51.1.1 An employee shall be provided with two (2) adequate meals if the employee
is called out on emergency overtime work one (1) or more hours before a
scheduled workday. If a meal has been earned under another section of this
rule within two (2) hours of the scheduled workday, only one (1) meal shall
be provided under this section.
51.1.2 An employee will be provided one (1) 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.
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51.1.3 An employee shall be provided an adequate meal if the employee works two
(2) hours or more overtime beyond the normal quitting time.
51.1.4 An employee shall receive one (1) meal if the employee is scheduled to work
overtime two (2) hours or more before a regular day.
51.1.5 An employee shall be provided an adequate meal at four (4) hour intervals
during the performance of emergency overtime work.
51.1.6 Mealtime shall be compensated at the appropriate overtime rate and shall
normally be limited to one -half (1/2) hour with a maximum limit of forty-five
(45) minutes paid mealtime.
51.1.7 An employee may, at the employee's request, be compensated for meals at
the rate of one -half hour of overtime pay per meal.
ARTICLE 52
MISCELLANEOUS
52.1 Motorcycle, Vice, Narcotics, and Criminal Intelligence employees shall not be granted
travel time when driving an Anaheim City vehicle to and from work.
52.2 Uniformed personnel of the Police Department and certain other designated personnel
shall be furnished uniforms in accordance with regulations established by the Chief of
Police.
52.3 ANAHEIM agrees that employees assigned to uniformed work units may elect to wear
long sleeve or short sleeve uniform shirts at the employee's discretion. For special
events such as parades, concerts, funerals, etc., the Chief of Police may designate the
appropriate uniform to be worn.
52.4 ANAHEIM and the APA agree that a Police Officer /Helicopter Pilot assigned to the
Helicopter detail may choose his or her shift assignment based on Helicopter detail
seniority for a period of not more than twelve (12) months in a sixteen (16) month
cycle. A Police Officer /Helicopter Pilot may be assigned to a different shift for one (1)
shift realignment period, not to exceed four (4) months, as determined by Police
Department management.
52.4.1 Personnel assigned to the Helicopter detail will rotate days off during their
normal work schedule as determined by Police Department management.
Police Department management may make scheduling changes to facilitate
training, or meet other specific Department needs.
ARTICLE 53
POLICE OFFICER TRAINEE
53.1 ANAHEIM and the APA agree that employees hired into the Police Officer Trainee
classification shall be members of the "Miscellaneous" retirement plan rather than
39
the "Safety" formula. Upon satisfactory completion of basic recruit training, Police
Officer Trainees shall be promoted to Police Officer (Safety Plan). Employees
promoted under the provisions of this ARTICLE shall retain their merit review date
and salary step status.
53.2 ANAHEIM and the APA agree that when seniority is used in Uniform Patrol to
determine shift assignment, or days off preference, the seniority date shall be
determined by the following provisions:
53.2.1 Employees who were hired on or before July 2, 1992, shall use their hire date
as the seniority date.
53.2.2 Employees who were hired on or after July 3, 1992, shall use their sworn -in
date as the seniority date. Sworn -in date is defined as the date an employee
receives a badge, including badge number and receives a formal letter of
appointment by the Chief of Police.
53.2.3 Should two (2) or more employees share the same seniority date, preference
shall then be established by the alphabetical listing of surnames.
54.1.1 Officers involved in shooting.
ARTICLE 54
ADMINISTRATIVE LEAVE WITH PAY
54.1 Employees in classifications listed in Appendix "A" may be placed on Administrative
Leave With Pay at the discretion of Police Department management with the
concurrence of the Anaheim City Manager under the following circumstances:
54.1.2 Officers suspected of wrongful acts at such times as the best interests of
ANAHEIM are served by keeping such officers away from the workplace.
54.1.3 Employees judged by a manager or supervisor to be "unfit" to safely perform
assigned duties and required to undergo a fitness for duty assessment shall
be eligible to receive Administrative Leave With Pay from the day an
employee is judged to be unfit to the day a fitness for duty assessment is
received by the Police Department. For the purpose of ARTICLE 62- FITNESS
FOR DUTY ASSESSMENTS, Administrative Leave With Pay shall be combined
with Paid Leave Pay to satisfy the elimination period for entitlement to Short
Term Disability Benefits.
ARTICLE 55
GRIEVANCE GENERAL
55.1 Any violation of the terms and conditions of this Agreement or the Police Department
Rules of Conduct, or any violation of commonly accepted safety practices and
procedures, as alleged by the APA, shall be considered to be a matter subject to
review through the grievance procedure and settled in accordance with the
40
provisions of this ARTICLE. Any discipline imposed under the provisions of ARTICLE
29- SALARY STEP REDUCTION, SUSPENSION, DEMOTION, AND DISMISSAL shall also
be considered to be a matter subject to review through the grievance procedure and
may be brought forward by either the APA or the affected employee on his /her own
behalf.
55.1.1 In those instances where the discipline imposed is other than a salary step
reduction, suspension, demotion, or dismissal, either the APA or the affected
employee on his /her own behalf, may submit a written request for a review
of the disciplinary action through an administrative review procedure.
55.1.1.1 Administrative Review Procedure:
The written request must be submitted to the Police Chief's office
within fourteen (14) calendar days after receipt of notice by the
employee of the disciplinary action. The Chief of Police shall
conduct an administrative review within fourteen (14) calendar days
of submission of the written request.
The Chief of Police shall review the disciplinary action and may
affirm, reverse, or modify as deemed appropriate the disciplinary
action. The Chief's determination shall be delivered in writing within
fourteen (14) calendar days after the administrative review. The
Chief's determination shall be final and binding.
55.1.2 Supervisory log entries shall not be subject to review through the grievance
procedure nor through the administrative review procedure set forth in
Section 55.1.1.1 above.
55.1.3 Section 29.5 provides for an accelerated procedure under the provisions of
this ARTICLE when an employee is dismissed.
55.2 Any violation of this Memorandum as alleged by ANAHEIM shall be resolved between
authorized representatives of ANAHEIM and the APA. In the event that the parties
cannot resolve the dispute, the dispute shall, upon the request of either party, be
referred to the arbitrator for a final and binding decision.
55.3 All filing fees and arbitrator expenses shall be borne equally by ANAHEIM and the
APA. Any compensation payable to an employee who is required to be available to
testify as a witness shall be borne by the calling party.
55.4 Employee grievances shall be handled in the following manner:
55.4.1 First Step. An attempt shall be made to adjust all grievances on an informal
basis between the employee and /or his or her designated representative and
a supervisor in the employee's chain of command, up to and including the
division head, within fourteen (14) calendar days after the occurrence of the
incident involved in the grievance. The division head's answer shall be
delivered within seven (7) calendar days after the Step I grievance hearing.
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55.4.1.1 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.
55.4.2 Second Step. If the grievance is not satisfactorily adjusted in the First Step,
it shall be submitted in writing to the Chief of Police within fourteen (14)
calendar days after the division head's answer is received by the employee
and /or his or her designated representative. The Chief of Police shall meet
with the employee and /or his or her designated representative within
fourteen (14) calendar days after submission of the grievance. The Chief of
Police shall review the grievance and may affirm, reverse, or modify as
deemed appropriate, the disposition made at the First Step and shall deliver
the Second Step answer to the employee and /or his or her designated
representative within seven (7) calendar days after said meeting.
55.4.2.1 Grievances resulting from the actions of a department other than an
employee's work unit shall be heard by an appropriate
Administrative or Executive Manager from that department.
55.4.3 Third Step. If the grievance is not satisfactorily adjusted in the Second Step,
it shall be submitted, solely by the APA, to an impartial arbitrator for a final
and binding decision (or, if the Anaheim City Manager and the employee
and /or his or her designated representative agree, it shall be submitted to
the Anaheim City Manager for a final and binding decision). Such submission
must occur within thirty (30) calendar days after the Chief of Police's answer
is received.
55.4.3.1 The parties (ANAHEIM and APA) 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.
55.4.4 If submitted to the Anaheim City Manager, the Anaheim City Manager or the
City Manager's assistant shall meet with the employee and /or his or her
designated representative within fourteen (14) calendar days after
submission of the grievance. The Anaheim City Manager or the City
Manager's assistant may affirm, reverse, or modify as deemed appropriate,
the disposition made at the Second Step.
55.4.5 The Anaheim City Manager or the City Manager's assistant shall deliver
his /her decision to the employee and /or his or her designated representative
within seven (7) calendar days after said meeting, and such decision shall be
final and binding on both parties.
55.5 In order to request arbitration, either party shall serve written notice to the other
party specifying the grievance to be submitted. The parties shall thereafter attempt
to resolve the issue and select the arbitrator. If such written notification and
selection of the arbitrator is not completed within thirty (30) calendar days after the
42
Chief of Police's answer is received by the employee and /or his or her designated
representative, then either party may take action to compel arbitration. Failure to
take action to compel arbitration within thirty (30) additional calendar days shall
conclusively be deemed abandonment of the right to compel arbitration.
55.5.1 The arbitrator's decision shall be final and binding on both parties, 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 the parties and that the arbitrator's award shall be consistent with
and controlled by this Memorandum, Ordinances and Charter of Anaheim,
and the laws and Constitution of the State of California.
55.5.2 The arbitrator shall be requested by the parties to render a 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.
55.6 Any grievance not presented and /or carried forward by the employee and /or his or
her designated representative within the time limits specified in this ARTICLE shall
be deemed null and void, provided, however, the employee and /or his or her
designated representative and the ANAHEIM representative may agree to continue
said time limits.
55.7 Any grievance not responded to by ANAHEIM within the time limits specified in this
ARTICLE shall extend the grievant's time limit for submitting the grievance to the
next step in the grievance process by thirty (30) calendar days, and, at the option of
the employee and /or his or her designated representative, shall allow the grievance
to be submitted directly to arbitration.
55.8 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.
55.9 Grievances relating to alleged violations of the terms and conditions of this
Agreement are reserved exclusively to the APA. Employees shall have the right to
be represented in all other grievance matters in the following manner:
55.9.1 Employees shall have the right to represent themselves individually in
grievance matters through the Second Step of the grievance procedure.
55.9.2 Employees may designate a representative to represent them in grievance
matters through the Second Step of the grievance procedure.
55.9.3 No supervisor shall be represented in grievance matters by an employee
whom he or she may supervise.
55.9.4 No employee shall be represented in grievance matters by a supervisor for
whom he or she may work.
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55.10 ANAHEIM and the APA agree that a member of the Board of Directors of the APA
may represent in grievance matters an employee whom he or she may supervise or
an employee for whom he or she may work, except when the member of the Board
of Directors is a party to the grievance.
55.11 ANAHEIM and the APA agree that any retroactive pay adjustment due an employee
as the result of error or inadvertence shall be limited to three (3) years or the date
of the occurrence, whichever is most recent. Any retroactive pay adjustment due an
employee as the result of the resolution of a dispute over the application of the
terms and conditions of this Agreement shall be limited to the pay period prior to the
date that ANAHEIM was noticed of the dispute.
56.1 Health Plans
ARTICLE 56
INSURANCE ACTIVE EMPLOYEES
56.1.1 ANAHEIM agrees to offer prepaid and /or insured health plans
recommended by the Joint Committee on Medical Programs and approved
by the Anaheim City Council. Health Maintenance Organization (HMO)
benefit schedules shall be standardized to the extent possible, and shall
require a $15.00 co- payment for outpatient and physician services.
56.1.2 ANAHEIM shall contribute towards the monthly cost of health coverage to
the various medical plans as follows:
Approved HMO Plans not to exceed 100% of the monthly rate.
All other Health Plans not to exceed 130% of the Kaiser monthly rate.
56.1.3 ANAHEIM shall increase its contribution to the premiums for the various
health plans each January. This contribution shall be based on the
Consumer Price Index, All Items Index Urban Wage Earners and Clerical
Employees (CPI -W), for the area identified as Los Angeles Riverside
Orange County. The increase in ANAHEIM's contribution shall be equal to
the percent change for the year ending May of the prior calendar year plus
seventy -five percent (75 of any amount above the CPI —W. (For
example, the City's increase in contribution for calendar year 2003 shall
equal the percent change in the CPI -W for the year ending May 2002, plus
75% of the amount of the health premium increase that exceeds the
percent change in the CPI -W for the year ending May 2002).
Employees who are covered by other health plans may present proof of
such coverage in order to receive $125.00 per month in lieu of health
benefits provided herein. This shall apply to the dependent spouse of
married Anaheim employee couples. In the event an employee who has
elected this option loses health coverage for any reason, and notifies
ANAHEIM of such loss within five (5) working days, he /she may enroll
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56.1.4 For all medical plans, married ANAHEIM employee couples shall be allowed
only one (1) medical plan and only one (1) dental plan to cover all family
members, and married ANAHEIM employee couples covered by one (1)
plan shall pay no health insurance premium while both spouses are
employed by ANAHEIM. Married City employee couples shall have the
option to elect the "opt -out" program for the dependent spouse as
described in Section 56.1.3 or to direct the City to increase its normal
contribution towards health coverage by an amount up to the City's
contribution towards single -party coverage.
56.1.5 Proof of marriage shall be required of all employees enrolled in any City
Medical plan to enroll a dependent spouse. ANAHEIM shall provide health
coverage to couples who have filed a Declaration of Domestic Partnership
with the California Secretary of State ("Registered Domestic Partners
56.1.6 The Master contract between ANAHEIM and the plan administrator shall
govern in the event of any disputes over any matter within the provisions
of the contract.
56.1.7 The benefit schedules for the prepaid HMO health plans shall not be
modified unilaterally by ANAHEIM, except that each company may, from
time to time, make revisions to the master contract language or impose
minor benefit modifications.
56.1.8 The PharmaCare prescription drug co- payment shall be changed to
$10/$25/$30 ($10.00 for generic formulary; $25.00 for non generic
formulary; and $30.00 for non formulary).
56.1.9 In the event that eligible survivors of an employee who died as the direct
and proximate result of personal injury sustained in the line of duty elect to
continue health benefit coverage under COBRA, ANAHEIM shall continue to
pay for any hospitalization and major medical insurance previously paid for
by ANAHEIM for a maximum of thirty-six (36) complete months or until
survivors are eligible for health benefit coverage by another employer,
whichever occurs first.
56.2 Life Insurance
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.
56.2.1 ANAHEIM agrees to contribute to the APA Life Insurance Trust Fund $12.00
per month per employee.
56.2.2 The APA Life Insurance Trust Fund shall purchase and provide life
insurance for its active employee members and their enrolled dependents
in amounts according to the following schedule:
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ANNUAL WAGE
$10,000 but less than
$15,000 but Tess than
$20,000 and over
Dependent coverage for spouse and
each dependent 5 years to 19 years of
age
Dependents Tess than 5 years old
Birth to 6 months
6 months but less than 2 years
2 years but less than 3 years
3 years but less than 4 years
4 years but less than 5 years
56.3 Long -Term Disability Benefits
AMOUNT OF LIFE
INSURANCE
$15,000
$20,000
$25,000
$1,000
$100
$200
$400
$600
$800
56.2.3 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 (6) months, but less than a
complete year of service up to a maximum of $2,000.00.
56.2.4 ANAHEIM shall pay a $10,000 death benefit in addition to other life
insurance and death benefits to the eligible survivors of an employee who
died as the direct and proximate result of personal injury sustained in the
line of duty.
56.3.1 Employees shall pay the cost of long -term disability (LTD) insurance
premiums.
56.3.2 ANAHEIM shall remit the premium for employee group Tong -term disability
insurance coverage in accordance with the provisions of any contract
between ANAHEIM and any company or companies providing such
coverage.
56.3.3 ANAHEIM shall only provide long term disability for non occupational
disabling conditions, provided however, that employees who apply for an
industrial disability pension under PERS shall be advanced fifty percent
(50 of their regular monthly pay until such time as they receive their
first PERS disability retirement check.
Such employees shall be required to reimburse ANAHEIM for said advance,
and to insure compliance, shall be required to post a surety bond upon
initial payment of the advance guaranteeing payment to ANAHEIM.
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56.4 Dental Plans
56.4.1 ANAHEIM agrees to continue sponsorship of the Delta Dental fee for
service dental plan.
56.4.2 ANAHEIM agrees to continue sponsorship of the Delta Dental prepaid
dental plan.
56.4.3 ANAHEIM shall during the term of this Memorandum pay up to the
contribution rate in effect in 2007 ($24.99 Single; $38.99 2 -Party; $56.03
Family) towards the premium cost of the plan selected by the employee.
56.5 Short Term Disability
56.5.1 ANAHEIM agrees to continue sponsorship of the employee paid short-term
disability insurance coverage for presently enrolled employees during the
term of this Memorandum.
56.5.2 ANAHEIM agrees to provide the existing Short-Term Disability plan.
ANAHEIM agrees to pay ANAHEIM'S portion of medical, dental, life, and
optical insurance during the receipt of short-term disability benefit.
56.6 Pensions
56.3.4 ANAHEIM and the APA agree that in the event a short term disability (STD)
overpayment by an ANAHEIM self- funded STD program occurs as a result
of a contested Workers' Compensation claim or as the result of the failure
to report "deductible earnings," ANAHEIM may reduce any settlement
award or pay check to recover the cost of the overpayment.
56.3.5 ANAHEIM and the APA agree that in the event an LTD overpayment by a
carrier occurs as a result of a contested Workers' Compensation claim or as
a result of the failure to report "deductible earnings," the
employee /recipient of such LTD benefits agrees to fully honor his or her
own contractual obligations to the LTD carrier to repay any overpayment
directly to the LTD carrier.
56.6.1 ANAHEIM shall pay the Employees' nine percent (9 contribution for this
plan in a manner authorized under Section 414(h)(2) of the Internal
Revenue Code.
56.6.2 ANAHEIM shall contribute a portion of the cost of employee retirement
benefits in accordance with the provisions of the contract between
ANAHEIM and the Public Employees' Retirement System.
56.6.3 ANAHEIM shall contribute a portion of the cost of employee survivors'
benefits in accordance with the provisions of the above contract.
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56.6.4 ANAHEIM implemented the provisions of Section 414(h)(2) of the Internal
Revenue Code to establish an "employer pickup" program for the purpose
of providing favorable tax treatment for statutorily required employee
contributions to PERS.
56.6.4.1 Each employee shall pay the statutorily required employee
retirement contribution to PERS as reflected in Appendix "A
However, pursuant to Section 414(h)(2) of the Internal Revenue
Code, those employee payments shall be "picked up" by
ANAHEIM and, thus, regarded as employer contributions.
56.6.4.2 The "employer pickup" program authorized under this ARTICLE
shall apply uniformly to all employees covered by this
Agreement and no individual shall have any option to deviate
from this arrangement.
56.6.4.3 ANAHEIM and APA agree that ANAHEIM has exercised
reasonable diligence in researching and implementing the
employer pickup program. ANAHEIM shall not be held
responsible for any changes in state or federal laws, any public
or private rulings, or any interpretation of existing law or
regulation that may affect the tax treatment of pension
contributions under this Agreement.
56.6.5 ANAHEIM shall pay the employee's biweekly statutorily required employee
retirement contribution of nine percent (9 of reportable compensation to
PERS, and report same as compensation earnable in accordance with
California Government Code §20636(c)(4).
56.6.6 ANAHEIM agrees to amend the City's contract with the Public Employees
Retirement System Police Safety Plan effective July 10, 2009, to reduce the
statutorily required employee retirement contribution to nine percent (9.0
of PERS reportable compensation.
56.6.7 The contract between PERS and ANAHEIM as it applies to employees in
classifications listed in Appendix "A" shall become a part of this Memorandum
by reference.
56.7 Deferred Compensation
ANAHEIM and APA agree that employees in classification represented by the APA
may participate in deferred compensation programs offered by ANAHEIM.
ARTICLE 57
POST RETIREMENT MEDICAL BENEFITS
57.1 ANAHEIM and APA agree that employees hired on or after July 6, 2001 shall not be
eligible for any post- retirement medical benefits under this ARTICLE. ANAHEIM and
48
APA agree that employees hired on or after July 6, 2001 shall instead be provided a
Retiree Health Saving Plan, the provisions of which shall be incorporated into a
Letter of Understanding and incorporated herein.
57.2 Regular, full -time employees in the classified service in classifications listed in
Appendix "A hired prior to July 6, 2001 who are enrolled as a 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 plan as a retiree.
57.3 Employees who retired prior to July 1, 1985, who were eligible for post retirement
medical benefits at the time of their separation from ANAHEIM service and who
maintain continuous membership in good standing shall be eligible to participate in
any ANAHEIM sponsored medical plan and shall pay monthly premiums in
accordance with the following schedule:
Single coverage
Two Party coverage
Family coverage
$15.00 monthly
$15.00 monthly
$45.00 monthly
57.3.1 The surviving spouse of the retiree may continue coverage under the same
terms and conditions.
57.4 Employees who were hired prior to February 1, 1984, and who retire on or after
July 1, 1985, and prior to February 1, 1994, and who meet the requirements
described below shall be eligible to participate in any ANAHEIM sponsored medical
and /or dental plan.
57.4.1 The employee must have completed at least five (5) years of continuous,
full -time ANAHEIM service on the date of retirement, and
57.4.2 The employee must have been awarded a retirement from the Public
Employees' Retirement System "PERS as the reason for separation from
ANAHEIM service, and
57.4.3 PERS retirement benefits must commence no later than the first day of the
month following the date of separation from ANAHEIM service.
57.4.4 ANAHEIM shall contribute towards the premium costs of any ANAHEIM
sponsored medical and /or dental plan elected by the employee as follows:
EMPLOYEES HIRED PRIOR TO FEBRUARY 1, 1984
Service Retirements
ANAHEIM Years of Service At Age 60 Under Age 60
10 -14 40% 20%
15 -19 60% 30%
20 -24 80% 40%
25+ 90% 45%
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Industrial Disability Retirements
WCAB Rating greater than ANAHEIM's contribution percent shall
or equal to 70% be equal to 100% of the WCAB rating
to a maximum contribution of 90
WCAB Rating less than 70% ANAHEIM's contribution percent shall
be equal to 50% of the WCAB rating
until age 60, then 100% of the WCAB
rating.
If the retiree participates in an ANAHEIM sponsored Rehabilitation Plan,
ANAHEIM's contribution shall be 90% for one year or until the
rehabilitation plan ends, then ANAHEIM's contribution reverts to the 50%
or 100% standard.
EMPLOYEES HIRED FEBRUARY 1, 1984 OR LATER
Service Retirements
ANAHEIM Years of Service At Age 60 Under Age 60
10 -14 20% 10%
15 -19 30% 15%
20 -24 40% 20%
25+ 45% 22 1/2%
Industrial Disability Retirements
WCAB Rating greater than or ANAHEIM's contribution percent shall
equal to 70% be equal to 50% of the WCAB rating.
WCAB Rating Tess than 70%
ANAHEIM's contribution percent shall
be equal to 25% of the WCAB rating
until age 60, then 50% of the WCAB
rating.
If the retiree participates in an ANAHEIM sponsored Rehabilitation Plan,
ANAHEIM's contribution shall be 45% for one year or until the rehabilitation
plan ends, then ANAHEIM's contribution reverts to the 25% or 50%
standard.
57.4.5 The surviving spouse of the retiree may continue coverage under the same
terms and conditions.
57.5 Employees who retire on or after July 1, 1985, and prior to July 6, 2001, and who
meet the requirements described below shall be eligible to participate in any
ANAHEIM sponsored medical and /or dental plan.
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57.5.1 The employee must have completed at least ten (10) years of continuous,
full -time ANAHEIM service on the date of retirement, and
57.5.2 The employee must have been awarded a retirement from PERS as the
reason for separation from ANAHEIM service, and
57.5.3 PERS retirement benefits must commence no later than the first day of the
month following the date of separation from ANAHEIM service, OR
57.5.4 The employee must have been awarded a disability retirement (Ordinary or
Industrial) from PERS as the reason for separation from ANAHEIM service.
57.5.5 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:
57.5.5.1 For Service Retirements, the contribution shall be a percentage
of the annual contributions made by ANAHEIM on behalf of
active employees, equal to 1.2 times the Safety 2% at 50 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 shall be
calculated to the nearest complete one quarter year.
57.5.5.2 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 95% based
on the employee's consecutive years of Anaheim service at the
time of retirement. ANAHEIM service shall be calculated to the
nearest complete one quarter year.
57.5.5.3 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.
57.5.5.4 An employee who has completed twenty (20) consecutive years
of service with ANAHEIM as a sworn Police Officer and who has
prior service as a sworn Police Officer with another California law
enforcement agency shall receive up to three (3) years of
additional service credit for the purpose of calculating ANAHEIM's
contribution towards post- retirement medical benefits.
57.5.6 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
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sponsored health plans. Nothing in this ARTICLE shall prevent a retiree
from properly enrolling new dependents at the retiree's cost.
57.5.7 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.
57.5.8Employees who retire on or after March 13, 2006 shall be required to enroll in
MediCare Parts A and B upon establishing eligibility as a condition of
continued health plan coverage.
57.5.9 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.
57.6 Employees who retire on or after July 6, 2001, and who meet the requirements
described below shall be eligible to participate in any ANAHEIM sponsored medical
and /or dental plan.
57.6.1 The employee must have completed at least ten (10) years of continuous,
full -time ANAHEIM service on the date of retirement, and
57.6.2 The employee must have been awarded a retirement from PERS as the
reason for separation from ANAHEIM service, and
57.6.3 PERS retirement benefits must commence no later than the first day of the
month following the date of separation from ANAHEIM service, OR
57.6.4 The employee must have been awarded a disability retirement (Ordinary or
Industrial) from PERS as the reason for separation from ANAHEIM service.
57.6.5 ANAHEIM shall provide separate contributions towards the premium costs
of any ANAHEIM sponsored medical and /or dental plan elected by the
employee according to the following schedule:
57.6.5.1 For Service Retirements, the contribution shall be a
percentage of the annual contribution made by ANAHEIM on behalf of
active employees, and shall be calculated in accordance with the following
table:
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Age of retirement Percentage Contribution
Per year of service
50 2.60%
51 2.70%
52 2.80%
53 2.90%
54 and older 3.00%
ANAHEIM's contribution under the provisions of this ARTICLE shall be limited
to no ANAHEIM's contribution under the provisions of this ARTICLE shall be
limited to no more than eighty -five percent (85 of the contribution made
by ANAHEIM on behalf of active employees, the percentage based upon the
employee's age and consecutive years of ANAHEIM service at the time of
retirement. ANAHEIM service shall be calculated to the nearest complete one
quarter year.
57.6.5.2 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 85% based on the employee's consecutive years
of ANAHEIM service at the time of retirement. ANAHEIM service shall be
calculated to the nearest complete one quarter year.
57.6.6 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.
57.6.7 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.
57.6.8 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.
57.7 Any employee who retires from ANAHEIM service and who is eligible to receive
multiple benefits under this ARTICLE may elect any single benefit for which he or
she is eligible at the time of retirement. Such election shall be irrevocable.
57.8 The following conditions shall apply to all retirees who have post retirement medical
benefit coverage under this ARTICLE:
57.8.1 Once canceled for any reason, coverage shall not be reinstated.
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57.8.2 Coverage shall be canceled for non payment of fees after three (3) months
in arrears.
57.8.3 There shall be Coordination of Benefits where other insurance exists.
57.8.4 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.
57.9 As used in this ARTICLE, "spouse" is understood to include a registered domestic
partner when a Declaration of Domestic Partnership has been filed with the
California Secretary of State.
ARTICLE 58
MEDICAL EXAMINATIONS
58.1 In order to be eligible for employment with ANAHEIM, candidates shall be required
to pass a medical examination, the character of which shall be in accordance with
standards established by the Human Resources Director.
58.2 In order to be eligible for promotion or transfer to a job class in a category requiring
greater physical qualification than an employee's present job class, the employee
must pass the appropriate medical examination.
58.3 Any employee who returns to work after an absence in excess of four (4)
consecutive work shifts due to illness or physical incapacity may be required by the
Chief of Police to undergo a medical examination.
58.3.1 Any employee who fails to pass a medical examination required under the
provisions of Section 58.3 may, after appropriate consultation and with the
concurrence of the employee, be transferred or demoted to a position
requiring lesser medical qualifications. If the employee cannot be transferred
or demoted, he or she shall be recommended for disability retirement, or
terminated.
58.4 All medical examinations required under the provisions of this ARTICLE shall be
performed by a physician in active practice licensed by California State Law and
within the scope of his or her practice as defined by California State Law.
58.5 ANAHEIM shall pay for any medical examination required under the provisions of this
ARTICLE.
54
ARTICLE 59
MANDATORY PERMANENT MODIFIED DUTY PROGRAM
59.1 ANAHEIM and the APA agree the Mandatory Permanent Modified Duty Program for
industrially injured safety employees, hereinafter referred to as the "Program" shall
be administered in accordance with the following provisions:
59.1.1 Upon notification by an ANAHEIM approved physician (ANAHEIM may select,
at its discretion, the employee's treating physician as an ANAHEIM approved
physician) of permanent work restrictions, and /or the permanent and
stationary status for an accepted industrial injury of an APA safety employee
that precludes the employee from performing the full range of duties of
his /her classification, ANAHEIM may, after conferring with the employee,
select an appropriate available Program assignment.
59.1.1.1 An ANAHEIM approved physician shall be provided with a detailed
job analysis of the modified duties to which the employee shall be
assigned. Medical approval shall be obtained before the employee
begins these duties. If the physician does not approve the initial
modified duties selected, ANAHEIM may redesign the Program
assignment to accommodate the employee's medical restrictions, or
select an alternate Program assignment.
59.1.1.2 The employee shall retain his /her current rank or classification
regardless of the Program assignment.
59.1.1.3 Any employee participating in the Program may, at any time,
request to be considered for reassignment to another Program
assignment.
59.1.1.4 Participation in the Program shall be considered return to usual and
customary occupation for purposes of vocational rehabilitation.
59.2 Employees assigned to the Program shall be compensated at their normal hourly
rate of pay including educational incentive pay and special assignment pay.
59.2.1 Employees assigned to the Program may apply for and receive "POST"
premiums conditioned on the continuing recommendation of the Chief of
Police.
59.2.2 Employees at different rates of pay may be placed in similar Program
assignments.
59.3 Employees shall be assigned by the Chief of Police to Program assignments in
accordance with the needs of the Police Department and individual medical work
restriction. Such assignments may be modified to accommodate work restrictions.
55
59.3.1 Any employee assigned to the Program below the classification of
Lieutenant shall not be upgraded to a higher classification unless paid
upgrade pay for the period assigned to those duties.
59.3.2 The Chief of Police may reassign an employee assigned to the Program to
other assignments for which they are medically qualified in accordance with
the needs of the Police Department.
59.3.3 The hours worked by employees assigned to the Program shall be in
accordance with the needs of ANAHEIM and in accordance with the
Memorandum of Understanding.
59.4 Assignment to the Program shall continue until any of the following occurs:
59.4.1 ANAHEIM can no longer accommodate the employee's medical work
restrictions and the employee receives a disability retirement.
59.4.2 The employee is medically released to the full range of duties on a full -time
basis.
59.4.3 The employee is promoted to a higher classification in a regular position that
the employee is medically qualified to perform.
59.4.4 ANAHEIM approves an employee generated disability retirement and retires
the employee.
59.4.5 ANAHEIM may eliminate the Program with at least one (1) year notice to the
APA of such action. ANAHEIM and the APA agree to meet and confer on the
conditions under which the Program shall be eliminated.
59.5 Promotional opportunities will occur via the normal promotional processes.
59.5.1 When an employee assigned to the Program is ranked next on an eligibility
list, the employee shall be promoted to any vacant position for which the
employee is medically qualified. The Chief of Police is not required to
transfer any employee in order to promote the employee.
59.6 All Program assignments shall be to productive work, provided the duties of the
assignment may be modified to accommodate the permanent work restriction
medically placed on the employee.
59.7 An employee assigned to the Program shall be held to the same rules and
regulations regarding job performance (after consideration of physical restrictions)
as other employees in a safety classification represented by the APA.
59.8 This Memorandum shall apply only to those employees in a safety classification as
designated by PERS and represented by the APA.
56
59.9 ANAHEIM shall, after discussion with the APA, revise Administrative Regulation. 265
to accommodate the terms and conditions of this Memorandum.
59.10 Employees assigned to the Program shall be provided with Permanent Modified Duty
Program Extended Disability, hereinafter referred to as "Extended Disability"
benefits, under the following conditions:
59.10.1 Any employee who has been at work in a Program assignment for all
scheduled work hours for thirty (30) consecutive calendar days shall
receive a one -time Extended Disability benefit balance credit of one
thousand (1000) hours which shall be available for periods of temporary
disability from work due to the medical conditions for which the employee
was assigned to the Program for which Labor Code 4850 benefits have
been previously paid.
59.10.2 Labor Code 4850 benefits must be exhausted prior to the utilization of
Extended Disability benefits.
59.10.3 Extended Disability benefits shall be paid at eight -five percent (85 of the
employee's base rate of pay before withholding taxes and Tess deductible
benefits as identified in ARTICLE 41 -PAID LEAVE PROGRAM.
59.10.4 An employee shall have one (1) hour deducted from his /her Extended
Disability balance for each hour of such leave taken. The minimum amount
of Extended Disability leave that may be taken at any given time shall be
one (1) hour.
59.10.5 Eligibility to use the Extended Disability benefit shall be supported by a
physician's certification verifying the need for the employee to remain off
work and indicating the medical condition which caused the necessity and
is subject to review by a physician selected by ANAHEIM. Failure to
promptly provide a physician's certification during any period of absence
may result in denial of benefits.
59.11 Disputes arising out of this ARTICLE are subject to the grievance procedure.
ARTICLE 60
FITNESS /WELLNESS PROGRAM
60.1 APA and ANAHEIM agree to create a Police Wellness Incentive Advisory Committee.
The Committee shall review, recommend, and evaluate programs and incentives
designed to improve the health and fitness of employees at a reasonable
cost /benefit. Such programs and incentives shall increase productivity, reduced
unplanned absences and reduce health and disability benefit costs.
60.2 Serving on the Committee shall be one (1) Police Department management
representative, one (1) Human Resources Department staff representative, the
Fitness Consultant, and two (2) employees recommended by the APA.
57
60.3 This Committee shall meet quarterly and shall report to the Human Resources
Director, on a periodic basis, its findings and recommendations for changes to the
Police Wellness Incentive Program (WIN). The report shall be forwarded to the
Anaheim City Manager for review.
60.4 APA and ANAHEIM agree that employees successfully completing the WIN shall
receive a Healthy Day Off up to twelve (12) hours of paid leave and reimbursement
up to $200.00 for an annual health club membership, fitness equipment, or fitness
competition entry fees, as approved by the WIN fitness consultant upon completion
of the comprehensive Health /Fitness Screening and the one -on -one Fitness
Consultation.
ARTICLE 61
FITNESS FOR DUTY
61.1 ANAHEIM and the APA are committed to maintenance of a safe workplace.
Employees are individually responsible and accountable for their personal fitness for
duty and shall not report to duty while "unfit" for any reason to safely perform
assigned duties. Each manager or supervisor of ANAHEIM is responsible and
accountable for day -to -day assessment of each subordinate's fitness for duty.
61.2 When, in the judgment of a manager or supervisor, an employee is "unfit" to safely
perform assigned duties, the manager or supervisor shall remove the unfit employee
from the workplace in accordance with regulations established by ANAHEIM.
61.3 ANAHEIM and the APA agree that employees may be judged unfit for duty due to
(1) illness or injury (mental, emotional, or physical) or use of prescription drugs,
alcohol, or other substances, (2) employee assertion that they are "unfit" to safely
perform assigned duties, or (3) employee, or third party notification to ANAHEIM of
any current illness, injury, or condition which may pose a danger to the employee,
co- workers, or the public.
61.4 ANAHEIM and the APA agree that ANAHEIM may, at the discretion of the Chief of
Police, require any employee judged unfit for duty to undergo a fitness for duty
assessment.
61.5 ANAHEIM and the APA agree to require any employee judged unfit for duty to seek
treatment, comply with all recommended treatment and recovery plans, and keep
ANAHEIM informed of the prognosis and date of expected return to work. ANAHEIM
and the APA agree that failure to comply with the provisions of this section may
subject an employee to discipline up to and including termination.
58
ARTICLE 62
FITNESS FOR DUTY ASSESSMENTS
62.1 An employee who is judged by a manager or supervisor to be "unfit" to safely
perform assigned duties may be required at the discretion of the Chief of Police to
undergo a fitness for duty assessment.
62.2 An employee found to be unfit for duty as a result of a fitness for duty assessment
shall be deemed eligible for Paid Leave and Short-Term Disability Benefits in
accordance with ARTICLE 41 -PAID LEAVE PROGRAM. An employee shall be required
to seek treatment, comply with all recommended treatment and recovery plans, and
keep ANAHEIM informed of the prognosis and date of expected return to work.
Failure to comply with the provisions of this section may subject an employee to
denial of benefits and /or discipline up to and including termination.
62.3 At the discretion of the Chief of Police, an employee may be required to undergo a
return to work fitness for duty assessment and /or agree to continuing treatment and
follow -up in order to be eligible to return to work.
ARTICLE 63
JOINT COMMITTEE ON MEDICAL PROGRAMS
63.1 The parties to this Memorandum, 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
63.2 Serving on the committee with Human Resources Department staff and operating
department management staff shall be two (2) members from APA.
63.3 This committee shall meet as often as is necessary during the life of this
Memorandum and shall 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
alternatives and cost containment provisions. The report shall be forwarded to the
Anaheim City Manager for review.
63.4 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.
59
ARTICLE 64
RESIDENCE INCENTIVE
64.1 ANAHEIM and the APA agree that the public interest is served and that public safety
is enhanced by encouraging Police Officers to live within the Anaheim City limits.
64.2 ANAHEIM agrees to provide a no interest loan of ten thousand dollars ($10,000)
towards the purchase of the principal residence of any employee in a classification
listed in Appendix "A" of this Memorandum of Understanding. Such principal
residence must be within the City limits of the City of Anaheim at the time of
purchase.
64.3 The loan authorized under the provisions of Section 64.1 above shall be secured by a
Second Trust Deed held by ANAHEIM.
64.4 The loan authorized under the provisions of Section 64.2 above shall be forgiven at
the rate of one thousand dollars ($1,000) per year for each full year the employee
maintains the property as his /her principal residence and remains an active Police
Officer in the employ of ANAHEIM. At the conclusion of the ten (10) years,
ANAHEIM shall sign its ownership interest in the property over to the employee.
ARTICLE 65
FULL TIME RELEASE
65.1 ANAHEIM agrees to release the President of the APA on full -time basis during the
term of this Agreement. The parties agree to the following conditions with respect
to the full time release program:
65.1.1 The APA President will be required to attend "POST" training and to maintain
his /her qualifications to work as a sworn Police Officer. All training and other
activities necessary to maintain such qualifications shall be undertaken as a
part of the President's regular forty (40) hour work week.
65.1.2 ANAHEIM shall not be responsible for any overtime compensation owed to
the APA President accruing from Association activities.
65.1.3 The APA President shall be eligible to work overtime assignments in
accordance with department practices. Such assignments shall require the
prior authorization of the Chief of Police or his authorized designee.
65.1.4 The APA President may be ordered to report for duty in the event of
emergency.
65.2 The parties acknowledge that the APA has elected to defer a scheduled wage
adjustment to offset ANAHEIM's costs with respect to the full -time release program.
65.3 The parties agree to meet on a regular basis to review and resolve any issues that
arise as the result of the implementation of this ARTICLE.
65.4 The provisions of this ARTICLE shall sunset upon expiration of this Memorandum of
Understanding unless extended by mutual agreement.
60
ARTICLE 66
NO STRIKE
66.1 ANAHEIM and the APA recognize the obligation of the APA's employee members to
continue to faithfully perform their services to ANAHEIM in accordance with the
highest professional standards for peace officers.
66.2 No employee covered by this Memorandum of Understanding shall engage in, induce
or encourage any concerted action against ANAHEIM including, but not limited to,
strikes, work stoppages, slowdowns, "sick- ins "sick- outs or withholding of
services to ANAHEIM.
66.3 The APA agrees that neither it, nor any of its officers or agents shall call, institute,
authorize, participate in, sanction or ratify any concerted action against ANAHEIM as
specified above.
ARTICLE 67
CONSTRUCTION
67.1 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 ANAHEIM City Council in all matters, including the right
to maintain any legal action, shall not be modified or restricted by this
Memorandum.
The provisions of this Memorandum are not intended to conflict with the provisions
of Chapter 10, Division 4, Title 1 of the Government Code of the State of California
(Sections 3500, et seq.) as amended in 1982.
ARTICLE 68
SAVINGS CLAUSE
68.1 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 shall not be affected
thereby, and shall remain in full force and effect.
61
69.1 The terms of this Memorandum are to remain in full force and effect until the 7 day
of July, 2011 unless extended by the APA as authorized by Section A.4 of APPENDIX
'A" SPECIAL PROVISIONS of this Memorandum. Upon adoption of a resolution
approving this Memorandum and the terms hereof by ANAHEIM City Council of
ANAHEIM, this Memorandum shall be in full force and effect.
STAFF OFFICIALS OF THE CITY OF
ANAHEIM, a Municipal Corporation
Bv:
By:
By:
ARTICLE 69
DURATION
62
ANAHEIM POLICE ASSOCIATION
By:
By:
By:
Dated: 2-e'6 Dated: /'S Z -i ,�y5
APPENDIX "A"
SPECIAL PROVISIONS
A.1 ANAHEIM shall not invoke its right to revoke the Uniform Patrol 12 Plan or the Detention
Facility Alternate Work Schedule during the term of this Agreement.
A.2 ANAHEIM and APA agree that the mandatory reassignments required under the provisions
of ARTICLE 46- SPECIAL ASSIGNMENTS shall be suspended during the term of this
Agreement; however the Chief of Police shall retain the discretion to reassign individuals
when necessary to maintain adequate staffing levels in the various divisions, and when
required to maintain good order and efficient operations. In the event it is necessary to
reassign employees to maintain adequate staffing levels, the order of reassignment shall be
1) volunteers; 2) employees otherwise subject to mandatory rotation on the basis of "first
up, first out and 3) employees not otherwise subject to mandatory rotation based on "last
in, first out
A.3 ANAHEIM and APA agree that the elective Paid Leave cash -out provisions of Section 41.9.2
of this Agreement shall be suspended from July 1, 2009 through December 31, 2010.
A.4 ANAHEIM and APA agree that APA may, at its sole discretion, extend the terms and
conditions of this MOU by notifying ANAHEIM of its intent prior to the expiration of the
effective date of the Agreement. APA may, upon notification, extend the Agreement:
From July 7, 2011 to January 5, 2012 by so notifying ANAHEIM on or before July
6, 2011
From January 5, 2012 to July 5, 2012 by so notifying ANAHEIM on or before
January 4, 2012
From July 5, 2012 to January 3, 2013 by so notifying ANAHEIM on or before July
4, 2012
ANAHEIM and APA further agree that the phrase "term of this Agreement" for the purpose
of A.1 and A.2 of Appendix "A" SPECIAL PROVISIONS includes any extensions that the APA
may elect as described above.
63
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APPENDIX "B -1"
NINE PLAN
ANAHEIM and the Anaheim Police Association agree that the regular work schedule for
employees assigned to the Nine Plan by the Chief of Police shall be fourteen (14) nine -hour
shifts and four (4) eight and one -half hour shifts in a twenty -eight (28) day work period.
The average workweek of such designated employees shall be defined as a forty (40) hour
workweek.
The workday shall consist of nine (9) hours or eight and one -half (8 Y2) hours of work. All
breaks and meal periods shall be paid time and shall be included in the workday.
The workweek shall consist of five (5) days in one week of the biweekly pay period and four
(4) days in the other week of a biweekly pay period on an alternating basis. Such schedule
shall be designed and implemented by Police Department management.
Employees who perform authorized work in excess of the regular workday or workweek as
defined in the Letter of Understanding shall be compensated for such work at the rate of
one and one half (1 times their regular hourly rate of pay. Such employees shall not be
eligible for overtime pay for breaks and meal periods not taken due to the duties and
responsibilities of the work assignment.
Employees in uniformed assignments shall receive additional compensation equivalent to
1 /10th of their regular biweekly compensation for each holiday listed in Section 35.1, and
shall have their Paid Leave account reduced by eight (8) hours for each holiday listed in
Section 35.1.
Employees in non uniformed assignments shall have the option of observing the holidays
listed in ARTICLE 35- HOLIDAYS by drawing against their Paid Leave account or working the
holiday There shall be no additional compensation when an employee elects to work a
holiday
Employees eligible for bereavement leave as set forth in ARTICLE 34- BEREAVEMENT LEAVE
of the Memorandum of Understanding with a regular workday of nine (9) hours shall be
65
paid nine (9) hours for each workday of Bereavement Leave. Employees with a regular
workday of eight and one -half (8 hours shall be paid eight and one -half hours (8 for
each workday of Bereavement Leave.
Employees shall have one (1) hour deducted from their accrued Paid Leave, Compensatory
time, or Industrial Accident Leave for each hour of leave taken. Employees with a regular
workday of nine (9) hours shall have nine (9) hours deducted from their accrued Paid
Leave, Compensatory time, or Industrial Accident Leave for each regularly scheduled
working day that they are on leave with pay. Employees with a regular workday of eight
and one -half (8 hours shall have eight and one -half (8 hours deducted from their
accrued Paid Leave, Compensatory time, or Industrial Accident Leave for each regularly
scheduled working day that they are on leave with pay.
The Nine Plan work schedule including paid meal periods may be revoked at any time by
either party upon ninety (90) days written notice to the other party. Return to a work
schedule of twenty (20), eight (8) hour shifts in a twenty -eight (28) day work period with
non -paid meal periods will occur at the beginning of the first work period after the notice of
revocation period has been completed.
66
APPENDIX "B -2"
TRIP REDUCTION NINE PLAN
ANAHEIM and the APA agree that employees may be assigned to a Trip Reduction Nine Plan
alternate work schedule in order to reduce trips to and from work. Such an alternate work
schedule shall not reduce service to the public.
ANAHEIM and the APA agree that the regular work schedule for employees assigned to the
Nine Plan by management shall be sixteen (16), nine (9) hour workdays and two (2) eight
(8) hour workdays in each twenty -eight (28) day work period. Such schedule shall be
designed and implemented by management. An employee will be scheduled by
management to work a regular work schedule of one hundred and sixty (160) hours in each
work period.
Employees who perform authorized work in excess of the regular workday or workweek as
defined in the Letter of Understanding and who are otherwise eligible for overtime pay shall
be compensated for such work at the rate of one and one half (1 times their regular
hourly rate of pay.
Employees in uniformed assignments shall receive additional compensation equivalent to
1 /10th of their regular biweekly compensation for each holiday listed in Section 35.1, and
shall have their Paid Leave account reduced by eight (8) hours for each holiday listed in
Section 35.1.
Employees in non uniformed assignments shall have the option of observing the holidays
listed in ARTICLE 35 by drawing against their Paid Leave account or working the holiday.
There shall be no additional compensation when an employee elects to work a holiday.
Employees eligible for bereavement leave as set forth in ARTICLE 34- BEREAVEMENT LEAVE
of the Memorandum of Understanding with a regular workday of nine (9) hours shall be
paid nine (9) hours for each workday of Bereavement Leave. Employees with a regular
workday of eight (8) hours shall be paid eight (8) for each workday of Bereavement Leave.
67
Employees shall have one (1) hour deducted from their accrued Paid Leave, Compensatory
time or Industrial Accident Leave for each hour of leave taken. Employees with a regular
workday of nine (9) hours shall have nine (9) hours deducted from their accrued Paid
Leave, Compensatory time or Industrial Accident Leave for each regularly scheduled
working day that they are on leave with pay. Employees with a regular work day of eight
(8) hours shall have eight (8) hours deducted from their accrued Paid Leave, Compensatory
time or Industrial Accident Leave for each regularly scheduled working day that they are on
leave with pay.
Employees may be assigned to or from the Trip Reduction Nine Plan work schedule only
effective at the beginning of a twenty -eight (28) day work period.
The Trip Reduction Nine Plan work schedule may continue by mutual agreement of both
parties. The Trip Reduction Nine Plan work schedule may be revoked by either party upon
notice to the other party.
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APPENDIX "B -3"
TEN PLAN
ANAHEIM and the Anaheim Police Association agree that the regular work schedule for
employees assigned to the Ten Plan by the Chief of Police shall be sixteen (16), ten -hour
work shifts in a twenty -eight (28) day work period. The average work week of such
designated employees shall be defined as a forty (40) hour workweek.
The workday shall consist of ten (10) hours of work. All breaks and meal periods shall be
paid time and shall be included in the workday for all employees working uniformed
assignments. Breaks and meal periods shall be non -paid time and shall not be included in
the workday for all other employees.
Employees who perform authorized work in excess of the regular work day as defined
herein shall be compensated for such work at the rate one and one -half (1 times their
regular hourly rate of pay. Only employees not working uniformed assignments shall be
eligible for overtime pay for breaks and meal periods not taken due to the duties and
responsibilities of the work assignment.
Employees in uniformed assignments shall receive additional compensation equivalent to
1 /10th of their regular biweekly compensation for each holiday listed in Section 35.1, and
shall have their Paid Leave account reduced by eight (8) hours for each holiday listed in
Section 35.1.
Employees in non uniformed assignments shall have the option of observing the holidays
listed in ARTICLE 35- HOLIDAYS by drawing against their Paid Leave account or working the
holiday. There shall be no additional compensation when an employee elects to work a
holiday
Employees eligible for bereavement leave as set forth in ARTICLE 34- BEREAVEMENT LEAVE
of the Memorandum of Understanding shall be paid ten (10) hours for each workday of
Bereavement Leave.
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Employees shall have one (1) hour deducted from their accrued Paid Leave, Compensatory
time, or Industrial Accident Leave for each hour of leave taken.
The Ten Plan work schedule shall be reviewed periodically in accordance with ARTICLE 18-
HOURS OF WORK AND PAY DAY of the Memorandum of Understanding, and may be
revoked by Police Department management in the event it is determined that the Ten Plan
is not operationally effective and efficient.
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APPENDIX "B -4"
UNIFORM PATROL TWELVE PLAN
ANAHEIM and the APA agree that the regular work schedule for regular full -time employees
assigned to the Uniform Patrol Twelve Plan by the Chief of Police shall be twelve (12) twelve
and one -half (12 hour shifts and one (1) ten (10) hour shift or one (1) twelve and one
half (12 hour shift in a twenty -eight (28) day work period. Such schedule shall be
designed and implemented by Police Department management. An employee will be
scheduled by management to work a regular work schedule of one hundred and sixty (160)
hours in each work period. The average workweek for benefit plan purposes only shall be
defined as a forty (40) hour workweek.
The work day shall consist of twelve and one -half (12 hours or ten (10) hours of work.
Two (2) breaks and one (1) one -half hour meal period shall be paid time and shall be
included in the workday. Employees who perform authorized work in excess of the regular
workday as defined in this Letter of Understanding shall be compensated for such work at
the rate of one and one -half (1 times their regular hourly rate of pay. Such employees
shall not be eligible for overtime pay for breaks and meal periods not taken due to the
duties and responsibilities of the work assignment.
ANAHEIM and the APA recognize the need for a system of adjusted hours for employees
whose work schedule does not correspond to the established eighty-hour biweekly pay
period for payroll purposes. The system of adjusted hours permits employees to accrue
positive adjusted hours (hours worked, but not paid) or negative adjusted hours (hours
paid, but not worked). ANAHEIM and the APA agree that transfers to and from the Uniform
Patrol Twelve Plan will be effective at the beginning of a twenty-eight day work period
whenever feasible. ANAHEIM and the APA agree that an employee who transfers to a job
where adjusted hours are not used on a date other than the beginning of a twenty-eight
(28) day work period, or who leaves ANAHEIM employment will have any accrued adjusted
hours balance adjusted to zero by paying the employee at his or her current rate for any
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positive balance or by deducting from his or her pay for any negative balance. Affected
employees may review payroll documents.
Employees in uniformed assignments shall receive additional compensation equivalent to
1 /10th of their regular biweekly compensation for each holiday listed in Section 35.1, and
shall have their Paid Leave account reduced by eight (8) hours for each holiday listed in
Section 35.1.
Employees eligible for "immediate family" bereavement leave in accordance with Section
34.1 shall be granted bereavement leave with pay for up to a maximum of three (3) shifts.
Employees eligible for "other family members" bereavement leave in accordance with
Section 34.2 shall be granted bereavement leave with pay for up to a maximum of one (1)
shift.
Employees shall have one (1) hour deducted from their accrued Paid Leave, Compensatory
time, or Industrial Accident Leave for each hour of leave taken. Employees with a regular
workday of twelve and one -half (12 hours shall have twelve and one -half (12 hours
deducted from their accrued Paid Leave, Compensatory time, or Industrial Accident Leave
for each regularly scheduled working day that they are on leave with pay. Employees with
a regular workday of ten (10) hours shall have ten (10) hours deducted from their accrued
Paid Leave, Compensatory time, or Industrial Accident Leave for each regularly scheduled
working day that they are on leave with pay.
The Uniform Patrol Twelve Plan work schedule may be revoked at any time by either party
upon ninety (90) days written notice to the other party. Return to a work schedule of
fourteen (14) nine -hour shifts and four (4) eight- and one -half hour shifts with paid meal
periods per twenty -eight (28) day work period (Nine Plan) or a work schedule of twenty
(20) eight -hour shifts with non -paid meal periods per twenty -eight (28) day work period
(Eight Plan) as determined by the Chief of Police will occur at the beginning of the first work
period after the notice of revocation period has been completed.
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APPENDIX "B -5"
DETENTION FACILITY ALTERNATE WORK SCHEDULE
ANAHEIM and the APA agree that employees working in the Detention Facility may be
assigned to the Detention Facility Alternate Work Schedule (DFAWS). This alternate work
schedule shall not reduce service to the public.
ANAHEIM and the APA agree that the regular work schedule for employees assigned by the
Chief of Police to the Detention Facility shall be either a 3/12 plan consisting of twelve (12),
twelve- and one -half hour workdays and one (1) ten -hour workday in each work period or a
4/10 plan consisting of sixteen (16) ten -hour workdays in each work period.
The DFAWS shall be designed and implemented by management. Each employee shall be
assigned to a work period of twenty -eight (28) consecutive calendar days. An employee will
be scheduled by management to work a regular work schedule of one hundred and sixty
(160) hours in each work period. Employees may be assigned to or from the DFAWS only
effective at the beginning of a twenty -eight (28) day work period.
Employees who perform authorized work in excess of the regular workday or work period as
defined in paragraph 2 above and who are otherwise eligible for overtime pay shall be
compensated for such work at the rate of one and one -half times their regular hourly rate of
pay.
LEAVE PROVISIONS:
Employees shall have one (1) hour deducted from their accrued Paid Leave, Compensatory
time, or Industrial Accident Leave for each hour of leave taken.
Employees eligible for "immediate family" bereavement leave in accordance with Section 34.1
shall be granted bereavement leave with pay for up to a maximum of three (3) shifts.
Employees eligible for "other family members" bereavement leave in accordance with
Section 34.2 shall be granted bereavement leave with pay for up to a maximum of one (1)
shift.
The Detention Facility Alternate Work Schedule may continue by mutual agreement of both
parties and may be revoked by either party upon written notice to the other party.
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