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RES-2012-117 RESOLUTION NO. 2012 -117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A NEW MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE ANAHEIM POLICE MANAGEMENT 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 14, 2012, and effective July 1, 2012 through January 14, 2016, between the Anaheim Police Management 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 Management Association and the City of Anaheim executed by the City Management Representative and the Anaheim Police Management Association on August 14, 2012, 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 July 1, 2012 through January 14, 2016. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 2.5.th day of September 2012, by the following roll call vote: AYES: Council Members Galloway, Eastman and Murray NOES: Mayor Tait ABSENT: Mayor Pro Tem Sidhu ABSTAIN: None / 21/1 MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM F:1OT4306CS. DOC f,(* MEMORANDUM of UNDERSTANDING � between the ANAHEIM POLICE MANAGEMENT ASSOCIATION and the CITY OF ANAHEIM July 1, 2012 through January 14, 2016 �� TABLE OF CONTENTS Page ARTICLE 1 Preamble 1 ARTICLE 2 APMA Recognition 1 ARTICLE 3 Management Rights 1 ARTICLE 4 Employee Rights 2 ARTICLE 5 Discussion 2 ARTICLE 6 Check -Off 2 ARTICLE 7 APMA Organization 3 COMPENSATION AND PAY PROVISIONS ARTICLE 8 Compensation 3 ARTICLE 9 Appropriate Salary Step 3 ARTICLE 10 Salary Relationships 4 ARTICLE 11 Hours of Work and Pay Day 5 ARTICLE 12 Payroll Deductions 5 EMPLOYMENT PROVISIONS ARTICLE 13 General 5 ARTICLE 14 Appointments and Promotions 6 ARTICLE 15 Probation 7 ARTICLE 16 Outside Employment 8 ARTICLE 17 Suspension, Demotion & Dismissal 8 ARTICLE 18 Layoff and Re- employment 9 ARTICLE 19 Reinstatement 10 ARTICLE 20 Voluntary Demotion 11 LEAVE PROVISIONS ARTICLE 21 Bereavement Leave 12 ARTICLE 22 Holidays 12 ARTICLE 23 Industrial Accident Leave 13 ARTICLE 24 Jury Duty and Court Appearances 14 ARTICLE 25 Leave Without Pay 14 ARTICLE 26 Military Leave 15 i ARTICLE 27 Sick Leave 15 ARTICLE 28 Vacation 19 PREMIUM PAY PROVISIONS ARTICLE 29 Premium Pay 21 ARTICLE 30 Travel and Mileage Expenses 21 WORK RULES ARTICLE 31 Administrative Leave with Pay 22 ARTICLE 32 Grievance General 22 INSURANCE ARTICLE 33 Insurance, Pensions and Prerequisites 25 MISCELLANEOUS ARTICLE 34 Medical Examinations 26 ARTICLE 35 Fitness for Duty 26 ARTICLE 36 Fitness for Duty Assessments 27 ARTICLE 37 Post Retirement Medical Benefits 27 ARTICLE 38 No Strike 30 ARTICLE 39 Construction 30 ARTICLE 40 Savings Clause 30 ARTICLE 41 Duration 31 APPENDIX "A" WAGES 32 APPENDIX `B" SPECIAL PROVISIONS 33 APPENDIX "C" POST- RETIREMENT MEDICAL BENEFITS 35 i i 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 Management Association (hereinafter called "APMA "). The matters incorporated in the Memorandum shall be presented to the Anaheim City Council, or its statutory representative, for determination. Upon ratification of the terms of this Memorandum by the APMA 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 APMA RECOGNITION 2.1 The APMA is the recognized bargaining representative formally acknowledged as such by ANAHEIM for all employees in the job classifications listed in Appendix "A" to this memorandum. 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 APMA 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 all of its powers and authority to direct, manage and control to the full extent of the law. 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 and performance; determine the procedures and standards to selection for employment, training and promotion; direct its employees; establish work schedules and work assignments; evaluate employee performance; 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; classify and reclassify positions; determine the content of job classifications; contract out work and transfer work into or out of the unit; take all necessary action to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. 1 3.2 The exercise of foregoing powers, rights, authority, duties and responsibilities by management; the adoption of policies, rules, regulations and practices in furtherance thereof; and the use of judgment and discretion in connection therewith, shall be limited only by the law and by the specific and express terms of this agreement, and then only to the extent such specific and express terms are in conformance with the law. 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 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. ARTICLE 5 DISCUSSION 5.1 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 APMA or ANAHEIM at either party's request. 5.2 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. 5.3 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. 5.4 If the discussion process results in an agreement between the City Management Representative and the APMA to amend this Memorandum of Understanding, such agreement shall be incorporated in a written Letter of Understanding, signed by the City Management Representative and the APMA representatives. The matters incorporated in the Letter of Understanding shall be presented to the Anaheim City Council, or its statutory representative, for determination. ARTICLE 6 CHECK -OFF 6.1 ANAHEIM agrees to check off for the payment of the regular monthly APMA dues and to deduct such payments from the wages of all the APMA members and 2 employees when authorized to do so by said members and employees, and remit such payments to the APMA 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 APMA shall constitute payment of said dues by such members and employees of the APMA. ARTICLE 7 APMA ORGANIZATION 7.1 The APMA representatives are those elected or appointed in accordance with the constitution and bylaws of the APMA. 7.1.1 ANAHEIM recognizes the APMA's right to appoint or elect Department Representatives. 7.1.2 The APMA 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. 7.1.3 Employees elected or appointed as an officer or department representative of the APMA shall be required to work full time in their respective job class and shall not interrupt the work of other employees. ARTICLE 8 COMPENSATION 8.1 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. ARTICLE 9 APPROPRIATE SALARY STEP 9.1 Regular, full -time employees may be eligible for consideration for merit pay increases as follows: 9.1.1 To the 8th step after completion of one (1) year of service in the 7th step. 9.1.2 To the 9th step after completion of one (1) of service in the 8th step. 9.1.3 To the 10th step after completion of one (1) year of service in the 9th step. 9.1.4 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 3 without regard to the minimum length of service provisions contained in this ARTICLE upon the approval of the Chief of Police. 9.2 Merit pay increases may 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. 9.2.1 The effective date of the merit pay increases shall be the first day of the pay period following approval as provided in Section 9.2 and completion of the minimum required service in the next lower step as provided in Section 9.1. 9.3 Employees who are promoted or reclassified 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 four percent (4.0 %), except when the top step of the higher salary schedule provides a pay increase of less than four percent (4.0 %). When the lowest step of the higher salary schedule is more than four percent (4.0 %) higher than the employee's current rate of pay, the new rate of pay shall be the lowest step of the higher salary schedule. The employee shall be given a new anniversary date for purposes of merit pay increases in accordance with the provisions of Section 9.1. 9.4 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 10 SALARY RELATIONSHIPS 10.1 ANAHEIM and the APMA agree that the wages for all classifications represented by the APMA shall be based on the salary relationships listed below: POLICE LIEUTENANT Police Captain 1.15 x Police Lieutenant 10.2 Employees who possess a POST Management Certificate shall receive a five percent (5 %) certification pay in addition to the employee's base biweekly salary. 10.3 Employees who possess a Bachelors degree from an accredited college or university shall receive two and one -half percent (2 '/i %) in addition to the employees base biweekly salary. 10.4 Employees who possess a Masters degree from an accredited college or university shall receive five percent (5 %) in addition to the employee's base biweekly salary. 4 10.4.1 The educational incentive pay for a Masters degree is in lieu of, and not in addition to, the educational incentive pay for a Bachelors degree. ARTICLE 11 HOURS OF WORK AND PAY DAY 11.1 The average regular workweek for employees in classifications in Appendix "A," shall be forty (40) hours. 11.2 Regular salaries and compensation of employees shall be paid on a biweekly basis. ARTICLE 12 PAYROLL DEDUCTIONS 121 Deductions of authorized amounts may be made from employee's pay for the following purposes: 12.1.1 Withholding Tax; 12.1.2 Contributions to retirement benefits; 12.1.3 Contribution to survivors' benefits; 12.1.4 Payment of life insurance and accidental death and dismemberment insurance premium; 12.1.5 Payment of non - industrial disability insurance premium; 12.1.6 Payment of hospitalization and major medical insurance premium; 12.1.7 Payment to or savings in Orange County's Credit Union; 12.1.8 Contributions to the City Employees Annual Charities Fund Drive; 12.1.9 Payment of membership dues to the APMA; 12.1.10 Purchase of United States Savings Bonds; and 12.1.11 Other purposes as may be authorized by the ANAHEIM City Council. ARTICLE 13 GENERAL 13.1 It is hereby the declared personnel policy of ANAHEIM that: 13.1.1 Employment by ANAHEIM shall be based on merit and fitness, free of personal and political considerations. 13.1.2 Appointments, promotions, and other actions requiring the application of the merit principle shall be based on systematic tests and/or evaluations. 13.1.3 Positions having similar duties and responsibilities shall be classified and compensated on a uniform basis. 5 13.1.4 Tenure of employees shall be subject to good behavior, satisfactory work performance, necessity for the performance of work, and the availability of funds. 13.1.5 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. 13.2 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 APMA or non- APMA 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 occupation qualification. ARTICLE 14 APPOINTMENTS AND PROMOTIONS 14.1 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. 14.2 Minimum standards of employment for each job classification shall be recommended by the Human Resources Director and approved by the Anaheim City Manager. 14.3 At such time as the Chief of Police, with concurrence of the Human Resources Director, determines that it is in the best interests of the City to promote from within, promotions shall be on a competitive basis except when the Human Resources Director finds that the number of employees qualified for promotion is insufficient to justify competition. Appropriate consideration shall be given to promotional candidate's qualifications, record of performance, and seniority, in that order. When a qualified, work - disabled employee is available, consideration will be provided according to the Vocational Rehabilitation Administrative Regulation. 14.3.1 It shall be the sole discretion of the Chief of Police, with concurrence of the Human Resources Director, to determine whether to recruit for a vacancy from both the inside and outside the organization. City employee candidates who choose to compete shall be evaluated on the same basis as non - employee candidates. 6 14.3.2 Advancement to a higher paid job classification shall constitute a promotion. 14.4 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. 14.5 Employees shall be placed in the position of Deputy Chief of Police by "Special Assignment" only. The Deputy Chief of Police position will normally be filled from the classification of Police Captain. 14.5.1 It shall be the sole discretion of the Chief of Police, with concurrence of the Human Resources Director, to determine whether the Deputy Chief of Police will be filled as a Special Assignment from the classification of Police Captain or recruit for a vacancy from both the inside and outside the organization. 14.6 The Chief of Police shall assign employees to the special assignment of Deputy Chief of Police, and persons so assigned shall serve at the will and pleasure of the Chief of Police while in such special assignment. Incumbents assigned as Special Assignment from the classification of Police Captain and the APMA do not have vested rights to the Deputy Chief of Police position. The Chief of Police may end a Special Assignment at any time. 14.7 A Police Captain who is assigned to the position of Deputy Chief of Police shall be considered an "at -will" employee subject to the City of Anaheim Personnel Rules covering Management, Confidential, and Non - Represented Part -Time Employees. APMA shall have no rights to the representation, including, but not limited to, the classification, pay, or recruitment of such position. Any persons so assigned to the Deputy Chief of Police shall have return rights to the classification of Police Captain. ARTICLE 15 PROBATION 15.1 Employees appointed from eligibility lists, appointed through the "Promotion Without Competition" process, employees reinstated in accordance with Section 19.1.2 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 one (1) year unless otherwise specified for certain designated job classes. 15.1.1 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 7 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. 15.1.2 Upon successful completion of a probationary period, an employee shall be granted regular status in the classification in which the probationary period is served. 15.2 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. 15.2.1 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 from City service. 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. 15.3 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 16 OUTSIDE EMPLOYMENT 16.1 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 17 SUSPENSION, DEMOTION AND DISMISSAL 17.1 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. 17.2 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 8 demotion or dismissal, the employee may be 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. 17.3 An employee may be demoted or dismissed whenever in the judgment of the Chief of Police or the Chiefs 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. 17.4 An employee may appeal disciplinary actions taken under this ARTICLE under the provisions of ARTICLE 32 - GRIEVANCE GENERAL. 17.5 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. ARTICLE 18 LAYOFF AND RE- EMPLOYMENT 18.1 Layoff for lack of work or lack of funds shall be on the basis of an evaluation of qualifications and seniority within the affected job class. 18.1.1 An employee who has been laid off shall be reassigned within the Anaheim Police Department in an equivalent or lower job classification for which he or she meets the minimum requirements and has City seniority over other employees in that job classification. If the employee whose position has been abolished does not have 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 City seniority. 18.1.2 Whenever an employee whose position has been abolished cannot be reassigned to a vacant position within the Police Department, the employee 9 shall be reassigned by the Anaheim City Manager to any vacant position in any other division or department 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 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 City seniority. 18.2 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 reemployed 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 City seniority. 18.3 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. 18.4 Whenever an employee is reinstated to a vacant position in his or her former job classification, or reemployed as herein provided, his or her anniversary date for purposes of merit pay increases shall be the one the employee had at the time he or she was laid off from the position. 18.4.1 An employee reinstated from the re- employment list shall be considered to have continuous service and may be credited with the amount of accumulated vacation 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 28 - VACATION. ARTICLE 19 REINSTATEMENT 19.1 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 requalifying for employment by competitive processes. 19.1.1 Employees reinstated within thirty (30) days of their termination date shall be considered to have continuous service and shall not serve a new probationary period. They shall be credited with the amount of accumulated sick leave they forfeited at the time of termination. Employees shall be placed in their former salary step and shall retain their anniversary date for purposes of merit pay 10 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. 19.1.2 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. 19.2 An employee may be reinstated under the provisions of the Vocational Rehabilitation Administrative Regulation to any vacant position for which he or she meets the minimum qualifications. ARTICLE 20 VOLUNTARY DEMOTION 20.1 If an employee takes a voluntary demotion as a result of a downward reclassification of the employee's position, the employee shall be placed in the salary step of the lower salary schedule closest to his or her rate of pay. 20.2 Voluntary demotions as a result of impending layoff shall be in accordance with the provisions of ARTICLE 18 - LAYOFF AND RE- EMPLOYMENT. 20.3 An employee may request a voluntary demotion for any reason. Such a voluntary demotion shall require the approval of the Chief of Police 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 9.1. 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. 20.3.1 Voluntary demotions in accordance with the Vocational Rehabilitation Administrative Regulation shall be in accordance with the provisions of Section 20.3. 20.4 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 requalifying by competitive processes. 20.4.1 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 11 salary step of that salary schedule which is closest to their rate of pay. Employees shall retain their anniversary date for puroses of merit pay increases; however, if an employee is placed at the 7 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 21 BEREAVEMENT LEAVE 21.1 In the event a death occurs in the immediate family of a full -time employee, the employee shall be granted bereavement leave with pay for up to a maximum of three (3) consecutive work shifts. "Immediate family" shall be defined as any relative by blood or marriage who is a member of the employee's household, under the same roof, and any parent, foster parent, step - parent, spouse or registered domestic partner, child, grandchild, brother, or sister of the employee, or any child, parent, foster parent or step - parent of the employee's spouse or registered domestic partner, regardless of residence. 21.2 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, daughter -in- law or son -in -law not under the same roof of the employee, and any grandparent, child, grandchild, brother, or sister of the employee's spouse or registered domestic partner, regardless of residence. 21.3 Bereavement leave may be used only at the time a death occurs, or to make burial arrangements and/or attend funeral or memorial services. 21.3.1 Employees may use available vacation on the books up to five (5) days. 21.4 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 22 HOLIDAYS 22.1 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 12 • Friday after Thanksgiving • December 25, Christmas Day • Every day designated by the Anaheim City Council for a public feast, thanksgiving or holiday. 22.2 In the event that any of the above holidays fall on an employee's scheduled day off, said employee shall observe the preceding work day or the following work day as scheduled by the Chief of Police to provide maximum regular service to the public. 22.3 In order to be eligible for holiday pay, an employee must be either at work or on paid leave of absence on the regularly scheduled work day immediately preceding the holiday or day observed in lieu of the holiday and the regularly scheduled day immediately following the holiday or day observed in lieu of the holiday. No employee who is on suspension or unpaid leave of absence on either the regularly scheduled work day immediately preceding or immediately following the holiday or day observed in lieu of the holiday shall receive compensation for said holiday or day observed in lieu of holiday. ARTICLE 23 INDUSTRIAL ACCIDENT LEAVE 23.1 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 Workers' Compensation Insurance and Safety Act, such absence shall be considered to be Industrial Accident Leave and the employee shall be entitled to the full benefits provided under California Labor Code Section 4850 23.2 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. 23.3 Industrial Accident Leave shall begin on the first day of such absence as defined in Section 23.1. 23.3.1 Industrial Accident Leave shall continue during all absences due to a single injury, but not to exceed one (1) year of accumulated absence. 23.3.2 Industrial Accident Leave benefits provided by this ARTICLE shall apply to each injury or disease as defined in Section 23.1. 23.3.3 The effective date of a permanent disability rating as awarded by the Workers' Compensation Appeals Board ends eligibility for Industrial Accident Leave for that particular injury or disease. 13 23.3.4 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. 23.3.5 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. 23.4 No employee shall have accrued paid leave deducted while on Industrial Accident Leave. Vacation and sick leave shall continue to accrue for any employee on Industrial Accident Leave in accordance with the provisions of ARTICLE 27 — SICK LEAVE and ARTICLE 28 - VACATION. ARTICLE 24 JURY DUTY AND COURT APPEARANCES 24.1 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 or her regular compensation for any regularly scheduled working hours spent in actual performance of such service. 24.1.1 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 result of his or her own misconduct, employees shall receive their regular compensation for any regularly scheduled working hours spent in actual performance of such service. 24.1.2 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. 24.1.3 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 witnesses. ARTICLE 25 LEAVE WITHOUT PAY 25.1 Any employee who is absent from work and who is not on leave with pay shall be considered to be on leave without pay. 25.1.1 An employee on leave without pay shall receive no compensation and if on leave over forty (40) hours in a pay period shall accumulate no vacation and sick leave while on such leave. 14 25.1.2 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. 25.1.3 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 six (6) complete months. ANAHEIM shall waive the payment of employee premiums for any ANAHEIM sponsored medical, dental and life insurance benefit plans for a maximum of six (6) complete months. 25.1.4 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 six (6) complete months. ANAHEIM shall waive the payment of employee premiums for any ANAHEIM sponsored medical, dental and life insurance benefit plans for a maximum of six (6) complete months. 25.1.5 An employee who is absent from work for a period of one (1) 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 been absent for two (2) years. An employee separated under the provisions of this ARTICLE shall be eligible for reinstatement pursuant to ARTICLE 19 - 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. 25.1.6 Leave without pay as provided for in Sections 25.1.3 and/or 25.1.4 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. 25.1.7 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 9.1 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 20 - VOLUNTARY DEMOTION. 15 ARTICLE 26 MILITARY LEAVE 26.1 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 (including but not limited to Sections 395, 395.01, 395.02, 395.03 and 395.11) and with all Federal provisions (Public Law 93 -508). ARTICLE 27 SICK LEAVE 27.1 Employees shall accrue annual sick leave with pay in accordance with the following provisions: 27.1.1 Employees with an average work week of forty (40) hours shall accrue paid sick leave at the rate of three (3) hours for each complete biweekely period. 27.1.2 Paid sick leave 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 in accordance with ARTICLE 23 - INDUSTRIAL ACCIDENT LEAVE, after exhausting State mandated 4850 benefits shall accumulate no sick leave. 27.1.3 An employee requesting sick leave for an absence from work as a result of any injury or disease which comes under the State of California Workers' Compensation Insurance and Safety Act after eligibility for Industrial Accident Leave has ended shall receive maximum compensation from the City in an amount equal to the difference between temporary disability payments mandated by the State of California Workers' Compensation Insurance and Safety Act and his or her regular rate of pay. 27.2 Employees shall take sick leave in full day increments only except in cases where Family Leave or Short Term Disability (STD) situations exist. The number of hours of an employee's regular work day shall be deducted from his or her accrued sick leave time for each regularly scheduled working day that he or she is on paid sick leave. 27.2.1 An employee may, at his or her option, elect to use vacation time to bridge the period after sick leave is exhausted and prior to STD commencing. 27.3 Sick leave that is accrued, but not taken shall be accumulated. 27.3.1 Employees shall be paid at their regular rate of pay for all hours accumulated beyond one hundred seventy -five (175) hours in each calendar year. Payment shall be made in January of each year, or upon the employee's termination of 16 employment for any reason. A maximum of one hundred seventy -five (175) hours shall carry over from year to year. 27.3.2 The City shall pay an employee upon the employee's termination of employment due to retirement or layoff in accordance with ARTICLE 18 - LAYOFF AND RE- EMPLOYMENT, all hours accumulated up to the maximum of one hundred seventy -five (175) hours that may be carried over from year to year. If an employee dies while employed, the City shall pay his or her beneficiary, as designated by the Public Employees' Retirement System records, the cash equivalent (paid at base salary rate) of all hours accumulated up to the maximum of one hundred seventy -five (175) hours that may be carried over from year to year. 27.3.3 When an employee, represented by the Anaheim Police Association (APA), is promoted into a classification represented by the APMA, such employee's paid leave time accrued but not taken shall be converted as follows: 27.3.3.1 The employee's account balance for sick leave with pay shall be credited with all hours to a maximum of one hundred seventy five (175) and shall be available for immediate use. 27.3.3.2 The employee's account balance for vacation with pay shall be credited with any hours remaining and shall be immediately available for use. 27.4 An employee who has completed six (6) months as a regular full -time employee and is continuously and totally disabled for more than one (1) calendar month, shall receive a short term disability benefit of net sixty percent (60 %) of his or her base rate of pay, after withholding taxes, and less deductible benefits. Such disability benefit shall continue during total disability up to a maximum of six (6) months from date of disability. Upon completion of thirty (30) and/or ninety (90) days of absence while receiving short term disability benefits, an employee shall be required to undergo a physical examination by the treating physician or medical practitioner and shall submit a report of such examination explaining the nature and extent of the disabling illness or injury and the prognosis and date of expected return to work. Short term disability benefits shall continue beyond sixty (60) and/or one hundred and twenty (120) days of absence only upon submission of the report of physical examination by the treating physician or medical practitioner. 27.4.1 Deductible benefits include salary or other compensation paid by any employer; Workers' Compensation Act or similar law including benefits for partial or total disability, whether permanent or temporary if benefits being received are for the current disabling condition; a pension plan toward which the City contributed. 17 27.4.2 Total disability means an employee's complete inability to engage in his or her regular occupation. 27.4.3 Benefits are not payable unless the employee is regularly seen and treated by a licensed physician or medical practitioner who certifies to the continuing disability. 27.5 In the event that any paid holiday occurs during a period when any employee is on paid sick leave, the holiday shall not be charged against the employee's accrued sick leave. The only sick leave hours that shall be charged against any employee's accrued sick leave shall be those hours that the employee is regularly scheduled to work. 27.6 An employee eligible for paid sick leave shall be granted such leave for the following reasons: 27.6.1 Illness of the employee or physical incapacity of the employee due to illness or injury. 27.6.2 Enforced quarantine of the employee in accordance with community health regulations. 27.6.3 Temporary disabilities caused by pregnancy and childbirth. 27.6.4 Illness of the employee's immediate family member. 27.7 An employee who cannot perform his or her assigned duties due to illness or physical incapacity shall inform his or her immediate supervisor of the fact and the reason therefore as soon as possible. Failure to do so within a reasonable time may be cause of denial of sick leave with pay. 27.8 In the event that an employee is absent on sick leave in excess of twenty -four (24) consecutive working hours, the Chief of Police may require that the employee submit to him or her a written statement by a physician licensed by the State of California certifying that the employee's condition prevented him or her from performing the duties of his or her position. Failure on the part of the employee to comply with such a requirement may be considered cause for disciplinary action. 27.9 If two (2) or more periods of total disability occur during a specific six (6) month elimination period for the insured Long Term Disability (LTD) plan, all such periods shall be considered as one (1) period of continuous total disability under the following conditions: 27.9.1 All periods of total disability must be due to the same cause or causes; and 27.9.2 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) 18 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 27.9.3 Commencement of the benefit period for the insured LTD plan shall automatically terminate benefits from the ANAHEIM Disability Plan. ARTICLE 28 VACATION 28.1 Employees with an average work week of forty (40) hours shall receive annual vacation with pay in accordance with the following provisions: 28.1.1 For the first four (4) years of continuous, full -time service, such employee shall accrue paid vacation at the rate of four (4) hours for each complete biweekly pay period plus two (2) hours for paid vacation at the close of the final complete biweekly pay period of each fiscal year (106 hours or 13.25 working days per year.) 28.1.2 Upon completion of four (4) years of continuous, full -time service, such employees shall accrue paid vacation at the rate of five (5) hours for each complete biweekly pay period (130 hours per year). 28.1.3 Upon completion of eight (8) years of continuous, full -time service, such employees shall accrue paid vacation at the rate of six (6) hours for each complete biweekly pay period (156 hours per year). 28.1.4 Upon completion of fourteen (14) years of continuous, full -time service, such employees shall accrue paid vacation at the rate of seven (7) hours for each complete biweekly pay period (182 hours per year). 28.1.5 Upon completion of nineteen (19) years of continuous, full -time service, such employees shall accrue paid vacation at the rate of eight (8) hours for each complete biweekly pay period (208 hours per year). 28.1.6 Upon completion of twenty -four (24) years of continuous, full -time service, such employees shall accrue paid vacation at the rate of nine (9) hours for each complete biweekly pay period (234 hours per year). 28.2 Paid vacations 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 in accordance with ARTICLE 23 - INDUSTRIAL ACCIDENT LEAVE after exhausting State mandated 4850 benefits shall accumulate no vacation. All vacations shall be scheduled and taken in accordance with the best interests of the City of Anaheim and the department or division in which the employee is employed. 19 The maximum amount of vacation that may be taken at any given time shall be that amount that has accrued to the employee concerned. The minimum amount of vacation that may be taken at any given time shall be one -half (1/2) hour. 28.3 An employee shall be eligible to take any accrued vacation upon completion of six (6) months of service. 28.4 Maximum vacation accumulations for employees shall be as follows: 28.4.1 For employees accruing vacation at the rate of one hundred six (106) hours for every twenty -six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be two hundred twelve (212) hours. 28.4.2 For employees accruing vacation at the rate of one hundred thirty (130) hours for every twenty -six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be two hundred sixty (260) hours. 28.4.3 For employees accruing vacation at the rate of one hundred fifty -six (156) hours for every twenty -six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be three hundred twelve (312) hours. 28.4.4 For employees accruing vacation at the rate of one hundred eighty -two (182) hours for every twenty -six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be three hundred sixty -four (364) hours. 28.4.5 For employees accruing vacation at the rate of two hundred eight (208) hours for every twenty -six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be four hundred sixteen (416) hours. 28.4.6 For employees accruing vacation at the rate of two hundred thirty -four (234) hours every twenty -six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be four hundred sixty -eight (468) hours. 28.5 Upon termination, an employee shall be compensated in cash at his or her current base rate of pay for any vacation accrued but not taken. Upon termination the employee shall be compensated for the full accrual for the final pay period. 28.6 In the event that any recognized holiday occurs during any employee's vacation, the holiday shall not be charged against the employee's accrued vacation. The only 20 vacation hours that shall be charged against any employee's accrued vacation shall be those hours that the employee is regularly scheduled to work. 28.7 Any employee shall have the ability to be compensated for accrued vacation hours at any time throughout the year, subject to the following provisions: 28.7.1 The employee must have used eighty (80) hours of vacation during the previous twelve months. 28.7.2 The employee's balance cannot drop below eighty (80) hours as a result of the request. 28.7.3 The Chief of Police must approve the employee's request for the vacation pay -off. ARTICLE 29 PREMIUM PAY 29.1 All classes listed in Appendix "A" shall be designated as exempt and shall be considered exempt from overtime pursuant to the Fair Labor Standards Act (FLSA). 29.2 Police Lieutenants shall be compensated at their regular rate of pay for required court appearances during off -duty hours. 29.3 Police Lieutenants and Police Captains shall be compensated at their regular hourly rate of pay for those selected supervisory work functions performed while engaged in internal security for Anaheim Stadium Rock Concert events. 29.4 Police Lieutenants serving as Watch Commander shall be compensated at the rate of one and one -half (1 1 /2) times their regular rate of pay for all overtime hours worked while serving in that capacity. 29.5 All classes listed in Appendix "A" may be compensated for overtime work authorized by the Chief of Police at the rate of one and one -half (1 1) times their regular rate of pay provided that such employees have been assigned by the Chief of Police to perform work normally performed by employees in non - exempt job classes. ARTICLE 30 TRAVEL AND MILEAGE EXPENSES 30.1 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. 21 30.2 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. 30.3 Any increase or decrease shall be effective the first day of the second month after the date of publication by the Internal Revenue Service. ARTICLE 31 ADMINISTRATIVE LEAVE WITH PAY 31.1 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: 31.1.1 Officers involved in shooting. 31.1.2 Officers suspected of wrongful acts at such times as the best interests of ANAHEIM are served by keeping such officers away from the workplace. 31.1.3 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 35 - FITNESS FOR DUTY ASSESSMENTS, Administrative Leave With Pay shall be combined with vacation to satisfy the elimination period for entitlement to Short Term Disability Benefits. ARTICLE 32 GRIEVANCE GENERAL 32.1 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 APMA, shall be considered to be a matter subject to review through the grievance procedure and settled in accordance with the provisions of this ARTICLE. Any discipline imposed under the provisions of ARTICLE 17 - 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 APMA or the affected employee on his or her own behalf. 32.1.1 In those instances where the discipline imposed is other than a suspension, demotion, or dismissal, either the APMA or the affected employee on his or her own behalf, may submit a written request for a review of the disciplinary action through an administrative review procedure. 32.1.1.1 Administrative Review Procedure: 22 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 Chiefs determination shall be final and binding. 32.1.2 Supervisory log entries shall not be subject to review through the grievance procedure nor through the administrative review procedure set forth in Section 32.1.1.1 above. 32.2 Any violation of this Memorandum as alleged by ANAHEIM shall be resolved between authorized representatives of ANAHEIM and the APMA. In the event that the parties cannot resolve the dispute, the dispute shall, upon the request of either party, be referred to the impartial arbitrator for a final and binding decision. 32.3 All filing fees and arbitrator expenses shall be borne equally by ANAHEIM and the APMA. Any compensation payable to an employee who is required to be available to testify as a witness shall be borne by the calling party. 32.4 Employee grievances shall be handled in the following manner: 32.4.1 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 the Chief of Police, within fourteen (14) calendar days after the occurrence of the incident involved in the grievance. The answer shall be delivered within seven (7) calendar days after the Step I grievance hearing. 32.4.1.1 Grievances resulting from the actions of a department other than an employee's work unit shall be heard by an appropriate Administrative/Executive Manager from that department. 32.4.2 Second Step. If the grievance is not satisfactorily adjusted in the First Step, it shall be submitted, solely by the APMA, to an impartial arbitrator for a final and binding decision. Such submission must occur within thirty (30) calendar days after the Chief of Police's answer is received. 32.4.2.1 Grievances resulting from the actions of a department other than an employee's work unit shall be heard by an appropriate Administrative/Executive Manager from that department. 23 32.4.3 The parties (ANAHEIM and APMA) 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. 32.5 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 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. 32.5.1. 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, or 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. 32.5.2. 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. 32.6 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. 32.7 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. 32.8 Grievances relating to alleged violations of the terms and conditions of this Memorandum are reserved exclusively to the APMA. Employees shall have the right to be represented in all other grievance matters in the following manner: 32.8.1 Employees shall have the right to represent themselves individually in grievance matters through the Second Step of the grievance procedure. 32.8.2 Employees may designate a representative to represent them in grievance matters through the Second Step of the grievance procedure. 24 32.8.3 No supervisor shall be represented in grievance matters by an employee whom he or she may supervise. 32.8.4 No employee shall be represented in grievance matters by a supervisor for whom he or she may work. 32.9 ANAHEIM and the APMA agree that a member of the Board of Directors of the APMA 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. 32.10 ANAHEIM and the APMA 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 Memorandum shall be limited to the pay period prior to the date that ANAHEIM was noticed of the dispute. ARTICLE 33 INSURANCE, PENSIONS, AND PREREQUISITES 33.1 For the purposes of Health Insurance, Life Insurance, Short-Term Disability, and Long -Term Disability Benefits, Dental Plans, and Retirement Health Savings Plan, employees covered within this bargaining unit shall be treated similar to all other City management pursuant to the City of Anaheim Personnel Rules covering Management, Confidential, and Non - Represented Part -Time Employees. 33.2 If ANAHEIM modifies, deletes, or amends the City of Anaheim Personnel Rules covering Management, Confidential, and Non - Represented Part-Time Employees specifically in relation to items listed in Article 33.1 above, ANAHEIM shall meet and confer with APMA with respect to such changes. 33.3 Pensions 33.3.1 For Safety Plan Employees in the Public Employees' Retirement System assigned to the Police Safety Management Unit, the City of Anaheim shall provide Government Code §21362.2 benefits ( "3 % @50 ") with a final compensation measurement period of one (1) year pursuant to Government Code Section 20042. ANAHEIM shall report the 9% (of compensation earnable) PERS employee contribution paid by ANAHEIM pursuant to Government Code Section 20691 to Ca1PERS as compensation earnable in accordance with Government Code §20636(c)(4). 33.3.2 APMA and ANAHEIM agree that ANAHEIM will amend the PERS Safety Plan (Police Safety Management Unit) for Anaheim City, Employer Number 0303, upon agreement between ANAHEIM and Anaheim Police Association 25 (APA) to institute a revised defined benefit retirement plan for covered employees hired on or after the effective date of such amendment. In no case shall the revised defined benefit retirement plan be of less value than the "2 % @50" defined benefit formula (Government Code Section 21362) with a final compensation measurement period of the average of three (3) consecutive years (Government Code Section 20037) and the employee paying the full required member contribution amount equal to nine percent (9.0 %) of compensation earnable. ARTICLE 34 MEDICAL EXAMINATIONS 34.1 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. 34.1.1 Any employee who fails to pass a medical examination required under the provisions of Section 34.1 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. 34.2 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. 34.3 ANAHEIM shall pay for any medical examination required under the provisions of this ARTICLE. ARTICLE 35 FITNESS FOR DUTY 35.1 ANAHEIM and the APMA 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. 35.2 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. 35.3 ANAHEIM and the APMA 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 26 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. 35.4 ANAHEIM and the APMA 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. 35.5 ANAHEIM and the APMA 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 APMA agree that failure to comply with the provisions of this section may subject an employee to discipline up to and including termination. ARTICLE 36 FITNESS FOR DUTY ASSESSMENTS 36.1 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. 36.2 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 28 - VACATION. 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. 36.3 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 37 POST RETIREMENT MEDICAL BENEFITS 37.1 Retired employees who are receiving a post - retirement medical benefit from ANAHEIM on the date the City Council approved the applicable City of Anaheim Personnel Rule revision, shall continue to receive such benefits in accordance with the provisions of ARTICLE 37 that was in effect at the time of their retirement. 37.2 Employees covered by that applicable City of Anaheim Personnel Rule who are Enrolled as a subscriber in a city sponsored health plan at the time of separation from ANAHEIM service shall be eligible to participate in any ANAHEIM 27 sponsored health plan (medical and dental) as a retiree subject to the following terms and conditions: 37.2.1 The employee must be credited with at least five (5) years of continuous, full -time ANAHEIM service on the date of retirement, and 37.2.2 The employee must have been awarded a retirement from the Public Employees' Retirement System ( "PERS ") as the reason for separation from ANAHEIM service, and 37.2.3 PERS retirement benefits must commence no later than the first day of the month following the date of separation from ANAHEIM service, OR 37.2.4 The employee must have been awarded a disability retirement (Ordinary or Industrial) from PERS as the reason for separation from ANAHEIM service. 37.2.5 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 certified 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. 37.3 For all regular, full -time employees hired prior to January 1, 1996 who meet the requirements for participation in any Anaheim sponsored health plan as a retiree, the City 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: 37.3.1 The percentage shall be one and two - tenths (1.2) times the 2% @ 50 Local Public Agency Safety PERS retirement schedule for employees in classifications assigned to the Safety retirement group. Such percentage shall not exceed ninety -five percent (95 %) and shall be 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 (1/4) year. 37.3.2 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 two percent (2 %) for each year of service to a maximum contribution of ninety -five percent (95 %) based on the employee's consecutive years of City service for Safety and on City service accrued through December 31, 2005 for Miscellaneous. ANAHEIM service shall be calculated to the nearest complete one quarter (1/4) year. 28 37.3.3 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. 37.3.4 The ANAHEIM contribution shall be based on the Two Party or Family rate only for those employees who properly enroll a dependent spouse or registered domestic partner and/or other family members prior to retirement, and shall continue only as long as the retiree maintains coverage for such dependents in City sponsored health plans. Nothing in this ARTICLE shall prevent a retiree from properly enrolling new dependents at the retiree's cost. 37.4 For regular, full -time employees hired after January 1, 1996 that meet the requirements for participation in any Anaheim sponsored health plan as a retiree, there shall not be any City contribution towards the premium costs of the ANAHEIM sponsored medical and/or dental plans. 37.5 The following conditions shall apply to all retirees who are participating in the City sponsored health plans: 37.5.1 Retirees shall be required to enroll in Medicare Parts A and B upon establishing eligibility. Failure to enroll when eligible will result in cancellation of coverage. 37.5.2. 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. 37.5.3 The surviving spouse or registered domestic partner of the retiree may continue coverage under the same terms and conditions provided that the surviving spouse or registered domestic partner was properly enrolled at the time of the employee's retirement and that dependent coverage was continuously maintained during the employee's retirement. 37.5.4 Once cancelled for any reason, coverage shall not be reinstated. 37.5.5 Coverage shall be cancelled for non - payment of fees after three (3) months in arrears. 37.5.6 There shall be Coordination of Benefits where other insurance exists. 37.5.7 Retirees may change plans and add dependents only during open enrollment period, except that the surviving spouse or registered domestic partner of a retiree may not enroll a new spouse or registered domestic partner. 29 ARTICLE 38 NO STRIKE 38.1 ANAHEIM and the APMA recognize the obligation of the APMA's employee members to continue to faithfully perform their services to ANAHEIM in accordance with the highest professional standards for peace officers. 38.2 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. 38.3 The APMA 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 39 CONSTRUCTION 39.1 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.). ARTICLE 40 SAVINGS CLAUSE 40.1 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. 30 ARTICLE 41 DURATION 41.1 This Memorandum shall become effective upon approval of its terms by the City Council and shall remain in full force and effect through and including January 14, 2016. STAFF OFFICIALS OF THE CITY OF ANAHEIM POLICE MANAGEMENT ANAHEIM, a Municipal Corporation ASSOCIATION By: L B • I./� B(1.)11/71/ B By. j By: By: By: By: By: By: Dated: er- i y— l Z Dated: Cr ( 1 — ) 31 • N rn N S a Eft fA o 00 vi N v� 69 69 M 0 — y .N+ M.i 69 fA d � �+ 0 00 0 M M ▪ N ' O 69 fA O 0 4 ? N h M s U1 tr) O at p [LI bo N Z M 0 o N ON 0 CIO N M Q • M 00 , --4 W r ti O O +� • l� 00 • CNI ON 00 O Cl u NO 00 y 8 O • 1 • . 4 a a a ° APPENDIX "B" SPECIAL PROVISIONS B.1 ANAHEIM and APMA agree that, upon adoption of a Resolution approving this Memorandum of Understanding, Educational Incentive pay pursuant to ARTICLES 10.3 and 10.4 shall not be effective until the first pay period following January 1, 2013. B.2 ANAHEIM and APMA agree that all employees who, upon adoption of a Resolution approving this Memorandum of Understanding, have served at least one (1) year in the special assignment of Police Captain shall be granted regular status as a Police Captain. All employees who, upon adoption of a Resolution approving this Memorandum of Understanding, have served less than one (1) year in the special assignment of Police Captain shall be considered promoted and shall serve a probationary period of one (1) year from the employee's original date of appointment to the special assignment. B.3 ANAHEIM and APMA agree that employees in the classifications of Police Lieutenant and Police Captain, upon adoption of a Resolution approving this Memorandum of Understanding, shall be placed in the step of the newly created salary range that does not provide for a reduction in the biweekly salary. In the event an employee's biweekly salary exceeds the maximum of the newly created salary range, the employee shall retain his/her current rate of pay, referred to as "Y" rate, until such time as the classification is assigned to a salary grade equivalent to or higher than the "Y" rate. B.3.1 The determination of whether an employee shall be "Y" rated per Section B.3 shall be made solely on the employee's biweekly salary in relation to the newly created salary range. At no time shall any incentive pay obtained pursuant to ARTICLE 10 be included such determination. B.3.2 Any and all premium pay received pursuant to ARTICLES 10.2, 10.3, and 10.4 shall be offset by the differential between the employee's "Y" rate and the top step of the salary range. Assume, for example, that the base salary of an employee in the classification of Lieutenant at the time of the adoption of a Resolution approving this Memorandum of Understanding is $150,000.00. Assume further that he /she possesses a POST Management Certificate. At five percent (5.0 %) of his/her base salary, that certificate would normally add an additional $7,500 to his/her compensation. However, because his/her base salary ($150,000.00) exceeds the maximum top step annual salary for the position ($145,226.00) by $4,774.00, the amount of the bonus shall be reduced by that amount to equal $2,726.00. B.4 ANAHEIM and APMA agree that employees in the classifications of Police Lieutenant and Police Captain, upon adoption of a Resolution approving this Memorandum of Understanding, who receive bilingual compensation, shall continue to receive such compensation at their current level during the term of this Memorandum of Understanding. 33 B.5 ANAHEIM and APMA agree that the Chief of Police will assess and determine what, if any, duties and assignments that extend beyond premium payments pursuant to ARTICLES 29.3, 29.4, and 29.5 and should be compensated at the rate of one and one -half times of an employee's regular rate of pay for all overtime hours worked while serving in that capacity. 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APPENDIX "D" AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE ANAHEIM POLICE MANAGEMENT ASSOCIATION AND THE CITY OF ANAHEIM As a result of the enactment of the California Public Employees' Pension Reform Act of 2013 (the Act), as set forth in Section 7522 et seq. of the California Government Code, the Anaheim Police Management Association (APMA) and the City of Anaheim (ANAHEIM) have agreed to amend the Memorandum of Understanding (MOU) they executed on August 14, 2012 in the following respects: D.1 ARTICLE 33.3.2 shall be amended to read, "APMA and ANAHEIM agree that ANAHEIM will amend PERS Safety Plan (Police Safety Management Unit) for Anaheim City, Employer Number 0303, to institute a revised defined benefit plan for covered employees hired on or after January 1, 2013. The revised defined retirement plan shall consist of the "2.7 % @57 defined benefit formula (Government Code Section 7522.25(d) and (e)) or any other optional formula set forth in new Government Code 7522.25 subsequently agreed upon between ANAHEIM and the Anaheim Police Association (APA), with a final compensation measurement period of three (3) consecutive years (Government Code Section 20037) and the employee paying the full required member contribution amount equal to nine percent (9.0 %) of compensation earnable, plus any additional amount necessary to cause those employees to pay fifty percent (50 %) of the normal costs attributable to the applicable retirement formula, as provided in Government Code Sections 7522.30 and 20516, or any greater amount subsequently agreed upon between the City and APA that is consistent with those provisions." D.2 ANAHEIM and APMA agree that any provisions of Article 33.3.2 of the MOU, as amended herein, that are contrary to or inconsistent with the lawful provisions of the Act shall be modified so as to cause them to be consistent with those lawful provisions through a Letter of Understanding that amends the MOU, as amended herein, and incorporated with this Memorandum of Understanding. STAFF OFFICIALS OF THE CITY OF ANAHEIM POLICE MANAGEMENT ANAHEIM, a Municipal Corporation ASSOCIATION By: By. y r By: B Dated: 9-/.7-/i_ Dated: 9— —/2- 36