RES-2014-052 RESOLUTION NO 2014 - 052
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 REPRESENTED BY THE
ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, CLERICAL UNIT
WHEREAS, Chapter 1.06 of the Anaheim Municipal Code establishes the
employer - employee relations system for the City; and
WHEREAS, Chapter 1.06, Section 1.06.100 requires Memorandum of
Understanding to be presented to the City Council for determination; and
WHEREAS, the City Council of the City of Anaheim finds that approval of a new
Memorandum of Understanding executed on March 14, 2014, between the Anaheim
Municipal Employees Association, Clerical Unit and the City of Anaheim is in the best
interest of the City of Anaheim.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Anaheim that the Memorandum of Understanding between the Anaheim Municipal
Employees Association, Clerical Unit, and the City of Anaheim, executed by the City
Management Representative and the Anaheim Employees Association, Clerical Unit on
March 14, 2014, as set forth in the document attached hereto and incorporated herein by
reference herein, be and the same is hereby adopted and that the effective date of such
Memorandum of Understanding shall be January 5, 2014 through January 4, 2016.
BE IT FURTHER RESOLVED that Resolution 2010 -023 is hereby repealed
effective January 5, 2014.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 25 day of March, 2014, by the following roll call vote:
AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: None
MAYOR OF THE ITY OF ANAHEIM
ATTEST:
v /I/_1 l� Imo!.
CITY CLERK OF THE CITY OF A AHEIM
MEMORANDUM OF UNDERSTANDING
between the
ANAHEIM MUNICIPAL EMPLOYEES
ASSOCIATION
CLERICAL EMPLOYEES
and the
CITY OF ANAHEIM
January 5, 2014 through January 4, 2016
TABLE OF CONTENTS
ARTICLE1 - PREAMBLE ...................................................... ............................... 1
ARTICLE2 - PURPOSE ........................................................ ............................... 1
ARTICLE 3 - AMEA RECOGNITION ..................................... ............................... 1
ARTICLE4 - SCOPE ............................................................. ............................... 1
ARTICLE 5 - MANAGEMENT RIGHTS ................................. ............................... 2
ARTICLE 6 - EMPLOYEE RIGHTS ....................................... ............................... 2
ARTICLE 7 - NOTIFICATION ................................................ ............................... 2
ARTICLE 8 - CONSULTATION ............................................. ............................... 3
ARTICLE 9 - MEET AND CONFER ....................................... ............................... 3
ARTICLE 10 - MEMORANDUM OF UNDERSTANDING ....... ............................... 3
ARTICLE 11 - DISCUSSION .................................................. ............................... 3
ARTICLE 12 - CHECK -OFF ................................................... ............................... 4
ARTICLE 13 -AMEA ORGANIZATION .................................. ............................... 4
ARTICLE 14 - COMPENSATION ........................................... ............................... 5
ARTICLE 15 - CLASSIFICATION ........................................... ............................... 6
ARTICLE 16 - APPROPRIATE SALARY STEP ..................... ............................... 6
ARTICLE 17 - SALARY RELATIONSHIPS ............................ ............................... 8
ARTICLE18 -HOURS OF WORK AND PAY ......................... ...............................
8
ARTICLE 19 - TEMPORARY UPGRADE ............................... ...............................
9
ARTICLE 20 - PAYROLL DEDUCTIONS ............................... ...............................
9
ARTICLE 21 - GENERAL ..................................................... ...............................
10
ARTICLE 22 - APPOINTMENTS AND PROMOTIONS ........ ...............................
10
ARTICLE 23 - EMPLOYMENT LISTS .................................. ...............................
12
ARTICLE 24 - PROBATION ................................................. ...............................
12
ARTICLE 25 - OUTSIDE EMPLOYMENT ............................ ...............................
14
ARTICLE 26 - SERVICE AWARDS ...................................... ...............................
14
ARTICLE27 - TRAINING ..................................................... ...............................
14
ARTICLE 28 - SALARY STEP REDUCTION, SUSPENSION, DEMOTION, AND
DISMISSAL................................................. ............................... 14
ARTICLE 29 - REASSIGNMENT, LAYOFF AND RE- EMPLOYMENT ................
16
ARTICLE 30 - TRANSFER ................................................... ...............................
17
ARTICLE 31 - REINSTATEMENT ........................................ ...............................
18
ARTICLE 32 - VOLUNTARY DEMOTION ............................ ...............................
18
ARTICLE 33 - BEREAVEMENT LEAVE ............................... ...............................
19
ARTICLE 34 - HOLIDAYS .................................................... ...............................
19
ARTICLE 35 - INDUSTRIAL ACCIDENT LEAVE ................. ...............................
22
ARTICLE 36 -JURY DUTY AND COURT APPEARANCES ...............................
22
ARTICLE 37 -LEAVE WITHOUT PAY ................................. ...............................
23
ARTICLE 38 - MILITARY LEAVE ......................................... ...............................
23
ARTICLE 39 -SICK LEAVE ................................................. ...............................
24
ARTICLE 40 - VACATION .................................................... ...............................
27
ARTICLE 41 - OVERTIME - GENERAL ............................... ...............................
28
ARTICLE 42 - BILINGUAL PAY ........................................... ...............................
29
ARTICLE 43 - CALL -OUT .................................................... ...............................
30
ARTICLE 44 -SHIFT DIFFERENTIALS ............................... ...............................
30
ARTICLE 45 -SHORT SHIFT CHANGE .............................. ...............................
31
ARTICLE 46 - STANDBY ..................................................... ...............................
31
ARTICLE 47 - TRAVEL AND MILEAGE EXPENSE ............. ...............................
32
ARTICLE 48 -MEAL ALLOWANCES ................................... ...............................
32
ARTICLE 49 - CERTIFICATION PAY ................................... ...............................
32
ARTICLE 50 - GRIEVANCE - GENERAL ............................. ...............................
33
ARTICLE 51 - INSURANCE -ACTIVE EMPLOYEES ......... ...............................
36
ARTICLE 52 -POST RETIREMENT MEDICAL BENEFITS ... .............................41
ARTICLE 53 - PHYSICAL EXAMINATIONS ........................ ...............................
44
ARTICLE 54 -JOINT COMMITTEE ON MEDICAL PROGRAMS .......................
44
ARTICLE 55 - AGENCY SHOP ............................................ ...............................
45
ARTICLE 56 - NOTIFICATION OF CONTRACTING OUT ... ...............................
45
ARTICLE 57 -NO STRIKE ................................................... ...............................
45
ARTICLE 58 - CONSTRUCTION ......................................... ............................... 45
ARTICLE 59 - SAVINGS CLAUSE ........................................ .............................45
ARTICLE 60 - DURATION ................................................... ............................... 46
APPENDIX "A" - SPECIAL PROVISIONS ........................... ............................... 47
APPENDIX "A" - SALARY RELATIONSHIPS ......................... .............................48
LETTERS OF UNDERSTANDING 50
ARTICLE 1 - PREAMBLE
1.1 The wages, hours, and conditions of employment that are set forth in this Memorandum of
Understanding (hereinafter WOU ") have been discussed and jointly proposed by and
between the staff officials of the City of Anaheim (hereinafter "ANAHEIM ") and Anaheim
Municipal Employees Association, Clerical Employees Unit (hereinafter "AMEA") and shall
apply to all the employees of ANAHEIM working in the classifications set forth in Appendix
A „
1.2 The terms and conditions of employment that are set forth in the MOU have been
discussed in good faith between the staff officials of ANAHEIM and AMEA. AMEA agrees
to recommend acceptance by its members of all terms and conditions of employment as
set forth herein, and staff officials of ANAHEIM agree to recommend to the Anaheim City
Council that all terms and conditions of employment as set forth herein be incorporated in
full by resolution of the City Council. Upon the adoption of such resolution, all terms and
conditions of this MOU, so incorporated, shall become effective without any further action
by either party.
ARTICLE 2 - PURPOSE
2.1 The objectives of the parties to this Agreement are to promote full communication between
ANAHEIM and its employees and to promote the improvement of employer - employee
relations within the municipal government by providing a uniform basis for recognizing the
right of employees to join organizations of their own choice and be represented by such
organizations in their employment relationships with ANAHEIM.
ARTICLE 3 - AMEA RECOGNITION
3.1 ANAHEIM hereby recognizes AMEA as the bargaining representative for all its members to
the fullest extent allowable under California law applying to public employees. As public
employees, such employees shall have the right to discuss individual problems of
employment with ANAHEIM, provided that upon request of the employee, AMEA shall be
kept fully informed and have the right to be present at all such meetings between
ANAHEIM and the individual.
ARTICLE 4 - SCOPE
4.1 All officers and positions of ANAHEIM are divided into the classified service and the exempt
service. The exempt service shall include the following:
4.1.1 All elected officials and members of boards and commissions.
4.1.2 The City Manager, City Attorney, City Treasurer, and City Clerk.
4.1.3 Volunteer personnel and personnel appointed to serve without pay.
4.1.4 Architects, consultants, counsel, and others rendering temporary professional
service.
4.1.5 Such positions involving seasonal or part-time employment as may be specifically
placed in the exempt service by the Human Resources Director.
4.2 The classified service shall include all other positions that are not specifically placed in the
exempt service by this ARTICLE.
4.3 The provisions of this ARTICLE and Agreement shall apply only to the classified service
unless otherwise specifically provided.
ARTICLE 5 - MANAGEMENT RIGHTS
5.1 Management retains, exclusively, all its inherent rights, functions, duties, and
responsibilities except where specifically limited in this document. The rights of
management include, but are not limited to, the exclusive right to consider the merits,
necessity, or organization of any service or activity provided by law or administrative order;
determine the mission of its constituent departments, commissions and boards; set
standards of service, and 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 other legitimate reasons; maintain the
efficiency of ANAHEIM's operations; determine the methods, means and personnel by
which ANAHEIM's operations are to be conducted; determine the content of job
classifications; take all necessary actions to carry out its mission in emergencies; and
exercise complete control and discretion over its organization and the technology of
performing its work.
ARTICLE 6 - EMPLOYEE RIGHTS
6.1 Employees shall have all rights granted to public employees under 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 his /her exercise of these rights.
ARTICLE 7 - NOTIFICATION
7.1 Reasonable written notice shall be given by the City Management Representative to
AMEA, of any proposed ordinance, resolution, rule, or regulation directly relating to matters
within the scope of representation to be presented to the City Council for determination,
and AMEA shall be given the opportunity to meet with the City Management
Representative prior to submission to the City Council for determination.
6
7.2 In cases of emergency when the City Council determines that an ordinance, resolution,
rule, or regulation must be adopted immediately without prior notice or meeting with AMEA,
the City Management Representative shall provide such notice at the earliest practicable
time following the adoption of such ordinance, resolution, rule, or regulation.
ARTICLE 8 - CONSULTATION
8.1 The City Management Representative, after consultation in good faith with representatives
of AMEA, may recommend adoption of reasonable rules and regulations for the
administration of employer - employee relations. The City Management Representative shall
consult in good faith with representatives of AMEA on employer - employee relations matters
which affect them, including those that are not subject to meeting and conferring.
ARTICLE 9 - MEET AND CONFER
9.1 The City Management Representative and representatives of AMEA shall have the mutual
obligation personally to meet and confer in order to freely exchange information, opinions,
and proposals and to endeavor to reach agreement on matters within the scope of
representation. Nothing herein precludes the use of any impasse procedure authorized by
law whenever an agreement is not reached during the meeting and conferring process and
the use of such impasse procedure is mutually agreed upon by the City Management
Representative and AMEA.
9.2 The City Management Representative shall not be required to meet and confer in good
faith on any subject preempted by federal or state law or by the City Charter nor shall
he /she be required to meet and confer in good faith on management or employee rights as
herein defined. Proposed amendments to this ARTICLE are excluded from the scope of
meeting and conferring.
ARTICLE 10 - MEMORANDUM OF UNDERSTANDING
10.1 When the meeting and conferring process results in agreement between the City
Management Representative and AMEA such agreement shall be incorporated in a written
MOU, signed by the City Management Representative and AMEA representatives. The
matters incorporated in the MOU shall be presented to the City Council, or its statutory
representative, for determination.
ARTICLE 11 - DISCUSSION
11.1 It is the intent of both parties to maintain an open line of communication for the betterment
of employer - employee relations. Any issue not pertaining to grievances or grievable issues
may be discussed by AMEA or ANAHEIM at either party's request.
11.2 A party requesting a discussion may orally or in writing notify the other party of the subject
to be discussed. Thereafter, a meeting shall be promptly arranged at which meeting not
more than two (2) AMEA members and the business manager or business representative
of AMEA may be present.
3
11.2.1 Upon request of AMEA, the parties will meet to discuss issues relating to the
assignment of employees to work shifts in the Fire Dispatch Center.
11.3 If the parties are not able to resolve the issues after three (3) meetings, the issues will be
considered dropped, unless both parties agree to meet additional times.
11.4 If the discussion process results in an agreement between the City Management
Representative and AMEA to amend this MOU, such agreement shall be incorporated in a
written Letter of Understanding (hereinafter "LOU "), signed by the City Management
Representative and AMEA representatives. The matters incorporated in the LOU shall be
presented to the City Council, or its statutory representative, for determination.
ARTICLE 12 - CHECK -OFF
12.1 ANAHEIM agrees to check -off for the payment of the regular monthly AMEA dues and to
deduct such payments from the wages of all AMEA members and employees when
authorized to do so by said members and employees, and remit such payments to AMEA in
accordance with the terms of signed authorizations of such members and employees. The
deduction of such dues and the remittal of same by ANAHEIM to AMEA shall constitute
payment of said dues and initiation fees by such members and employees to AMEA.
ARTICLE 13 -AMEA ORGANIZATION
13.1 AMEA representatives are those elected or appointed in accordance with the Constitution
and Bylaws of the AMEA.
13.1.1 AMEA shall notify the City Management Representative, in writing, of the names
and job class titles of its officers, employee representatives and other
representatives each time an election is held or new appointments are made.
13.1.2 An employee elected or appointed as an officer or employee representative of
AMEA shall be required to work full -time in his /her respective job class and shall
not interrupt the work of other employees.
13.2 Officers and representatives (subject to the provisions of ARTICLE 13.1.2) of AMEA shall
be permitted to visit employee work locations for the purpose of observing conditions under
which employees are working, provided such visit shall not interrupt the work of such
employees, interfere with the normal operations of the department or with established
safety requirements.
13.2.1 Such officers and representatives shall not enter any work location without the
knowledge of the Department Head, Division Head, or other appropriate
supervisor.
13.2.2 Solicitation of membership and all activities concerned with the internal
management of AMEA, such as collecting dues, holding membership meetings,
preparation of petitions or grievance material, preparation of proposals,
campaigning for office, conducting elections and distributing literature, shall not be
conducted during working hours.
4
13.3 In the event that AMEA is formally meeting and conferring with representatives of
ANAHEIM on matters within the scope of representation during regular City business
hours, a reasonable number of officers, employee representatives or other officials of
AMEA shall be allowed reasonable time off without loss of compensation or other benefits.
13.3.1 Such officers, employee representatives, and other representatives shall not leave
their duties, work stations, or assignments without the knowledge of their
appropriate manager or supervisor.
13.3.2 Such meetings are subject to scheduling in a manner consistent with operating
needs and work schedules.
13.3.3 ANAHEIM agrees to provide a combined total of up to one thousand forty (1,040)
hours per year of paid release time from normal work assignments to the President
and board members of AMEA for all activities concerned with the internal
management of the AMEA. For the purpose of this Section, "combined total" shall
be understood to mean the sum of paid release time hours taken by
representatives of AMEA full -time Clerical and General Units, in any combination.
AMEA agrees to reimburse ANAHEIM on an hour - for -hour basis at the employee's
regular rate of pay for all hours of released time taken by the AMEA President and
board members.
13.4 ANAHEIM shall furnish a bulletin board at mutually agreeable, specific locations for the
purpose of posting notices pertaining to AMEA business.
13.4.1 All materials must be dated and must identify AMEA.
13.4.2 ANAHEIM reserves the right to determine what reasonable portion of bulletin
boards is to be allocated to AMEA materials.
13.4.3 If AMEA does not abide by these provisions, it will forfeit its right to have materials
posted on ANAHEIM's bulletin boards.
13.5 ANAHEIM shall allow AMEA to conduct meetings in City facilities.
13.5.1 Such meetings shall be scheduled in accordance with regulations governing use of
public meeting rooms at City facilities.
13.6 ANAHEIM agrees to distribute at the Employee Orientation meeting, to employees hired
in classifications listed in Appendix "A" — Salary Relationships, an informational brochure
provided by AMEA.
ARTICLE 14 - COMPENSATION
14.1 The City Management Representative shall be responsible for recommending wages,
rates, and salary schedules for each job class in Appendix "A ".
14.2 Prior to any such recommendations, the City Management Representative and
representatives of AMEA shall meet and confer in good faith to endeavor to reach
agreement on matters concerning wages, hours, and other terms and conditions of
employment in such classifications represented by AMEA.
14.3 At such time as agreement is reached for such classifications, the City Management
Representative and AMEA shall jointly submit a written MOU, which shall not be binding, to
the City Council for determination.
14.4 Wages for the various classifications shall be set forth in Appendix "A" attached to this
MOU and, by this reference, made a part hereof. The City Management Representative of
ANAHEIM will not recommend any revision or modifications to this Agreement without first
consulting on such recommendations with AMEA.
ARTICLE 15 - CLASSIFICATION
15.1 The Human Resources Director shall be responsible for recommending classification of all
positions in the classified service on the basis of the kind and level of the duties and
responsibilities of the positions, to the end that all positions in the same class shall be
sufficiently alike to permit use of a single descriptive title, the same qualification
requirements, the same test of competence, and the same salary schedule.
15.1.1 A job class may contain one (1) or more positions.
15.1.2 Classification of all positions in the classified service shall require approval of the
City Manager.
15.2 A position may be reclassified on the basis of changes in or reevaluation of the duties,
responsibilities, and /or qualification requirements of the position.
15.2.1 The Human Resources Director shall be responsible for recommending such
reclassification as he /she finds necessary.
15.2.2 A reclassification shall become effective upon action by the City Manager on a
Personnel Action Form.
15.2.3 An incumbent employee may or may not be reclassified with his /her position,
based upon the recommendation of the Human Resources Director, the
appropriate Department Head, and the approval of the City Manager.
ARTICLE 16 - APPROPRIATE SALARY STEP
16.1 Regular, full -time employees shall be eligible for consideration for merit pay increases as
follows:
16.1.1 To the second step of the salary schedule after completion of six (6) months of
service in the first step.
16.1.2 To the third step after completion of six (6) months of service in the second step.
16.1.3 To the fourth step after completion of six (6) months of service in the third step.
16.1.4 To the fifth step after completion of six (6) months of service in the fourth step.
16.1.5 To the sixth step after completion of six (6) months of service in the fifth step.
N
16.1.6 To the seventh step after completion of six (6) months of service in the sixth step.
16.1.7 To the eighth step after completion of one (1) year of service in the seventh step,
except as provided in ARTICLE 16.1.10.
16.1.8 To the ninth step after completion of one (1) year of service in the eighth step,
except as provided in ARTICLE 16.1.10.
16.1.9 In such cases as may occur wherein an employee shall demonstrate exceptional
ability and proficiency in performance of his /her assigned duties, said employee
may be given a special merit advancement to the next higher step without regard to
the minimum length of service provisions contained in this ARTICLE upon the
approval of the employee's Department Head.
16.1.10 Certain job classes shall be designated by an "S" before schedule numbers.
Employees in these classes shall be eligible for consideration for merit pay
increases to the 8th step after completion of six months of service in the 7th step.
They shall be eligible for consideration for merit pay increases to the 9th step after
completion of six months of service in the 8th step.
16.2 Merit pay increases shall be granted upon approval of the employee's Department Head for
continued meritorious and efficient service and continued improvement by the employee in
the effective performance of the duties of his /her position.
16.2.1 The effective date of the merit pay increases shall be the first day of the pay period
following approval as provided in ARTICLE 16.2 and completion of the minimum
required service in the next lower step as provided in ARTICLE 16.1.
16.3 Newly hired employees shall normally be compensated at the lowest step of the salary
schedule of the job class for which he /she was hired. ANAHEIM may hire at a higher step
in the salary schedule.
16.3.1 The provisions of this ARTICLE shall also apply to re- employed and reinstated
employees.
16.4 An incumbent employee reclassified with his /her position to a lower job class shall retain
his /her rate of pay and his /her anniversary date for purposes of merit pay increases, or
shall be placed in the step of the lower salary schedule closest to his /her rate of pay. If the
ninth step of the salary schedule of the lower job class is lower than the incumbent's rate of
pay, the rate of pay shall be identified as the "Y" step of the lower salary schedule. An
employee compensated at the "Y" step because of a downward reclassification shall
remain in the "Y" step, until such time as his /her job class is assigned to a salary schedule
in which the ninth step is equivalent to or higher than the "Y" step, at which time the
employee shall be placed in the ninth step.
16.5 An incumbent employee reclassified with his /her position to an equivalent job class shall
retain his /her rate of pay and his /her anniversary date for purposes of merit pay increases.
16.6 An employee who is promoted or reclassified with his /her position to a higher job class shall
be placed in the step of the higher salary schedule that will provide a pay increase of not
less than four percent (4 %) except when the ninth step of the higher salary schedule
provides a pay increase of less than four percent (4 %), or when the fifth step of the higher
salary schedule is more than four percent (4 %) higher than the employee's current rate of
pay. The employee shall be given a new anniversary date for purposes of merit pay
increases in accordance with the provisions of ARTICLE 16.1.
7
16.6.1 An employee promoted to a formal apprenticeship classification may be appointed
above the entry level step and may remain in the step to which he /she is appointed
longer than the time provided in ARTICLE 16.1.
16.7 An employee who is demoted shall be placed in the step of the lower salary schedule that
will provide a reduction in pay of not less than four percent (4 %). The employee shall be
given a new anniversary date for purposes of merit pay increases in accordance with the
provisions of ARTICLE 16.1.
16.8 An employee in a job class which is assigned to a different salary schedule as a result of a
pay adjustment shall retain his /her same salary step status in the newly authorized salary
schedule and shall retain the same anniversary date for purposes of merit pay increases.
16.9 When more than one (1) personnel action involving changes in an employee's salary step
status becomes effective on the same day, all such changes shall be in accordance with
the provisions of the preceding paragraphs 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 17 - SALARY RELATIONSHIPS
17.1 ANAHEIM and AMEA agree that wages for all classifications represented by AMEA shall
be based on the salary relationships shown in Appendix "A" - Salary Relationships.
ARTICLE18 -HOURS OF WORK AND PAY
18.1 The average regular workweek for employees in classifications in Appendix "A" shall be
forty (40) hours.
18.1.1 For all employees with an average regular workweek of forty (40) hours, the
monthly rate shall be the hourly rate times two thousand and eighty (2,080) divided
by twelve (12).
18.2 Regular salaries and compensation of employees shall be paid on a biweekly basis.
18.3 ANAHEIM agrees to pay annual sick leave payoff, by separate checks.
18.4 All holiday, vacation, and sick leave shall be paid at the employee's regular rate of pay.
18.5 ANAHEIM and AMEA agree that in certain instances alternatives to the traditional work
schedule for the convenience of employees may be appropriate. Such schedules may be
installed under the following guidelines:
18.5.1 ANAHEIM or AMEA may request a study of the feasibility of providing alternate
work schedules in specific work groups.
18.5.2 ANAHEIM agrees to complete the study within seventy -five (75) days of the
request.
18.5.3 ANAHEIM and AMEA agree to initiate discussions regarding the findings of the
study within thirty (30) days after the study's completion.
18.5.4 Alternate work schedules shall not reduce service to the public.
18.5.5 Such schedules may be revoked by either party upon notice to the other party.
18.5.6 Such schedules may continue by mutual agreement of both parties.
18.5.7 Such alternate work schedules shall be created by Letter of Understanding.
ARTICLE 19 - TEMPORARY UPGRADE
19.1 Temporary upgrading shall be defined as the temporary assignment of an employee to
perform the work of a job class which is assigned to a salary schedule higher than his /her
regular job class. Employees who are temporarily upgraded for a period of two (2)
consecutive hours or more, and who are responsible for the full range of duties assigned to
the higher level classification, shall receive a seven and one -half percent (7' /z %) pay
differential for all time worked in the higher job classification.
19.2 An employee must be qualified for the higher position in order to be paid for upgrading. The
determination of those persons qualified to work in higher rated classifications shall be
established by ANAHEIM.
19.3 Bargaining unit employees temporarily upgraded to a management class shall receive a
fifteen percent (15 %) pay differential.
ARTICLE 20 - PAYROLL DEDUCTIONS
20.1 Deductions of authorized amounts may be made from employees' pay for the following
purposes:
20.1.1 Withholding Tax;
20.1.2 Contributions to retirement benefits;
20.1.3 Contribution to survivors' benefits;
20.1.4 Payment of life insurance and accidental death and dismemberment insurance
premium;
20.1.5 Payment of non - industrial disability insurance premium;
20.1.6 Payment of hospitalization and major medical insurance premium;
20.1.7 Payment to or savings in 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 Anaheim Municipal Employees Association;
20. 1.10 Purchase of United States Savings Bonds; and
20.1.11 Other purposes as may be authorized by the City Council.
ARTICLE 21 - GENERAL
21.1 It is hereby the declared personnel policy of ANAHEIM that:
21.1.1 Employment by ANAHEIM shall be based on merit and fitness, free of personal
and political considerations.
21.1.2 Appointments, promotions, and other actions requiring the application of the merit
principle shall be based on systematic tests and /or evaluations.
21.1.3 Positions having similar duties and responsibilities shall be classified and
compensated on a uniform basis.
21.1.4 Tenure of employees shall be subject to good behavior, satisfactory work
performance, necessity for the performance of work, and the availability of funds.
21.1.5 Any action concerning an employee's status of employment shall be processed on
a Personnel Action Form. Such status shall become effective upon action by a
management employee who has responsibility for authorizing such action. All full -
time employees shall receive a true copy of any personnel action taken concerning
their status of employment.
21.2 Job bulletins prepared by Human Resources, regarding regular, full -time classifications,
shall be sent to and posted on bulletin boards designated for that purpose.
21.3 Job bulletins regarding classifications represented by AMEA shall be sent to the AMEA
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 procedure utilized
by ANAHEIM or refusal to accept for employment shall be done to discriminate for or
against an applicant because of AMEA or non -AMEA membership or because of race,
color, creed, national origin, religion, sex, age or physical disability, except where age or
lack of physical disability is a bona fide occupational qualification.
ARTICLE 22 - APPOINTMENTS AND PROMOTIONS
22.1 Appointments and promotions shall be based on merit and fitness to be ascertained so far
as practicable by competitive examinations. Examinations shall be used and conducted to
aid in the selection of qualified employees, and shall consist of recognized selection
techniques which will, in the opinion of the Human Resources Director, test fairly the
qualifications of candidates.
22.1.1 Notwithstanding any other provision of this ARTICLE, vacant positions in the
classified service which would otherwise be filled by open recruitment may be filled
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by appointing part-time employees currently employed in a part-time classification
with full -time equivalent classifications.
22.2 Minimum standards of employment for each job class shall be recommended by the
Human Resources Director and approved by the City Manager.
22.3 At such times as the appointing authority with concurrence of the Human Resources
Director determines that it is in the best interests of the City to promote from within,
promotions shall be on a competitive basis except when the Human Resources Director
finds that the number of employees qualified for promotion is insufficient to justify
competition. Appropriate consideration shall be given to promotional candidates'
qualifications, record of performance, and seniority, in that order. When a qualified, work -
disabled employee is available, consideration will be provided according to the Vocational
Rehabilitation Administrative Regulation.
22.3.1 At such times as the appointing authority with concurrence of the Human
Resources Director determines that it is in the best interests of the City to recruit
from both inside and outside the organization, City employee candidates who
choose to compete shall be evaluated on the same basis as non - employee
candidates.
22.3.2 Advancement to a higher paid job class shall constitute a promotion.
22.3.3. Whenever a management evaluation is to be part of the promotional selection
process for classifications listed in Appendix "A ", employees will be notified on the
job bulletin at the time promotional examinations are announced the weights to be
assigned to qualifications, record of performance, and seniority.
22.4 Examinations for appointments and promotions shall be in such form as will fairly test the
abilities and aptitudes of candidates for the duties to be performed, so that such
appointments and promotions will be solely based on qualifications without regard to race,
color, creed, national origin, religious or political affiliation or belief, membership in or
attitude toward any employee organization, sex, age, or physical disability, except where
sex, age, or lack of physical disability is a bona fide occupational qualification.
22.5 Candidates who qualify for employment or promotion shall be placed on an eligibility list for
the appropriate job class. At such times as a department management evaluation is
included in the establishment of a promotional eligibility list, the list shall rank the eligible
candidates in the order of final evaluation, and appointments from that list shall normally
follow rank order.
22.5.1 Employees shall be given written notice of their rank order on promotional eligibility
lists.
22.6 When an appointment is to be made to a vacancy, the Human Resources Director shall
submit to the appropriate Department Head the names on the appropriate employment list.
Appointments to vacant positions shall be made by the appropriate Department Head, with
the concurrence of the Human Resources Director.
22.6.1 The appropriate Department Head, with the concurrence of the Human Resources
Director, may order names removed from an eligibility list for good and sufficient
reasons. Employees shall be given written notice of removal of their names from
eligibility lists.
22.7 In the absence of appropriate employment lists, a provisional appointment may be made by
the appropriate Department Head (with the approval of the Human Resources Director) of a
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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 his /her provisional appointment, said provisional
appointee shall have his /her employment terminated at the close of the first complete
biweekly pay period following the establishment of the eligibility list.
22.8 Appointments to certain grant- funded positions as designated by the City Manager may be
made without competitive examinations and /or evaluations. Such appointments may be
made by the appropriate Department Head (with the approval of the Human Resources
Director and the City Manager). In the event that a grant funded appointee fails to complete
competitive examinations and /or evaluations and is not appointed to a City funded position
during his /her period of employment under the grant, said grant- funded appointee shall be
terminated from City employment.
ARTICLE 23 - EMPLOYMENT LISTS
23.1 Employment lists, in order of their priority, shall be re- employment lists and eligibility lists.
23.2 Re- employment lists shall contain the names of regular, full -time employees laid off in good
standing for lack of funds or work.
23.2.1 Names on re- employment lists shall remain for a period not to exceed one (1) year.
23.3 Eligibility lists shall be created in accordance with the provisions of ARTICLE 22 —
APPOINTMENTS AND PROMOTIONS.
23.3.1 Eligibility lists may contain the names of one (1) or more persons eligible for
employment.
23.3.2 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.
23.3.3 Promotional eligibility lists shall remain in effect for a period of two (2) years or until
depleted.
ARTICLE 24 - PROBATION
24.1 Employees appointed from eligibility lists, reinstated employees, and employees
reassigned according to the Vocational Rehabilitation Administrative Regulation shall be
subject to a period of probation. The regular period of probation shall be twelve (12)
months unless otherwise specified for certain designated job classes.
24.1.1 The regular period of promotional probation shall be six (6) months unless otherwise
specified for certain designated job classes.
24.1.1.1 Certain designated job classes in the classified service shall have
a regular period of promotional probation, which begins on the
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date of appointment and ends twelve (12) months thereafter.
These job classes shall be:
Fire Communications Shift Supervisor
Fire Dispatcher II
Police Dispatcher II
24.1.2 Certain designated job classes in the classified service shall have a regular period
of probation, which begins on the date of appointment and ends eighteen (18)
months thereafter. These jobs classes shall be:
Fire Dispatcher I
Police Dispatcher I
24.1.3 In the event an employee is assigned to light duty status or is absent from work
due to a lengthy illness or injury during his /her probationary period, said
employee's probationary status may be extended beyond the regular period of
probation in the amount of one (1) complete biweekly pay period for each complete
biweekly pay period assigned to light duty status or lost due to such illness or
injury.
24.1.4 Upon successful completion of a probationary period, an employee shall be
granted regular status in the classification in which the probationary period is
served; except that employees in the Fire Dispatcher I and Police Dispatcher I
classification shall not be granted regular status but will be promoted in accordance
with ARTICLE 22 — APPOINTMENTS AND PROMOTIONS or rejected in
accordance with this ARTICLE.
24.1.5 The probationary period for the classifications of Fire Dispatcher II, Police
Dispatcher II, Police Records Specialist I and Police Records Specialist II may be
extended by an additional six (6) months at the discretion of the appropriate
Department Head. ANAHEIM shall notify AMEA when taking such action.
24.2 The work and conduct of probationary employees shall be subject to close scrutiny and
evaluation, and if found to be below standards satisfactory to the appointing authority, the
appropriate Department Head may reject the probationer at any time during the
probationary period. Such rejections shall not be subject to review or appeal unless such a
rejection is alleged to be contrary to the provisions of any state or federal laws.
24.2.1 An employee rejected or laid off during the probationary period from a position to
which he /she has been promoted or transferred shall be returned to the
classification in which he /she has regular status unless the reasons for his /her
failure to complete his /her probationary period would be cause for dismissal.
24.2.2 The appropriate Department Head shall request the Human Resources
Department to prepare a Personnel Action Form to separate or return to a former
classification any employee to be rejected during a probationary period.
24.3 An employee shall be retained beyond the end of the probationary period only if the
appropriate Department Head affirms that the services of the employee have been found to
be satisfactory.
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ARTICLE 25 - OUTSIDE EMPLOYMENT
25.1 An employee may engage in employment other than his /her job with ANAHEIM, if his /her
Department Head determines that such outside employment does not interfere with the
performance of assigned duties and does not constitute a conflict of interest.
ARTICLE 26 - SERVICE AWARDS
26.1 Service awards, in the form of service pins or the equivalent, shall be presented to
employees in classifications listed in Appendix "A" for:
Five (5) years of service
Ten (10) years of service
Fifteen (15) years of service
Twenty (20) years of service
Twenty -five (25) years of service
Thirty (30) years of service
Thirty -five (35) years of service
Forty (40) years of service
Such a service award shall also be presented to an employee upon his /her retirement.
26.1.1 For purposes of this ARTICLE, the term "years of service" shall be defined as
continuous, full -time service.
ARTICLE 27 - TRAINING
27.1 The Human Resources Director shall encourage the improvement of service by providing
employees with opportunities for training, including training for advancement, and for
general fitness for public service.
27.1.1 Reimbursement to employees for costs incurred for formalized training shall be in
accordance with regulations established by the City Manager.
27.2 Each employee in a classification listed in Appendix "A" shall be allowed the opportunity to
enroll in an ANAHEIM sponsored training course at least once each calendar year. To be
approved, courses must be in one (1) of the four (4) core competency areas identified in
the City's Training Plan (Interpersonal Skills, Technical Proficiency, Achieves Results, or
Responsive Customer Service). In the event an employee requests a course that is not
included in the City Training Catalog, the Human Resources Director shall determine
whether the course curriculum satisfies one (1) or more of the required core competency
areas.
ARTICLE 28 - SALARY STEP REDUCTION SUSPENSION DEMOTION AND DISMISSAL
28.1 The tenure of every employee shall be conditioned on good behavior and satisfactory work
performance. An employee may have his /her salary step reduced or be suspended,
demoted, or dismissed for good and sufficient cause.
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28.2 When in the judgment of the appropriate Department Head or Administrative Manager, an
employee's work performance, or conduct justifies disciplinary action short of demotion or
dismissal, the employee may be:
28.2.1 Suspended without pay. Upon taking such action, the appropriate Department
Head or Administrative Manager shall file with the employee and the Human
Resources Director a written notification containing a statement of the substantial
reasons for the action. No employee shall be suspended for more than thirty (30)
calendar days at any one time, or;
28.2.2 Salary reduced by one (1) or more steps. Upon taking such action, the appropriate
Department Head or Administrative Manager shall file with the employee and the
Human Resources Director a written notification containing a statement of the
substantial reasons for the action. The employee may be returned to his /her former
salary step at such time as deemed appropriate by the appropriate Department
Head or Administrative Manager.
28.3 An employee may be demoted or dismissed upon recommendation of an appropriate
manager or supervisor whenever in the judgment of the appropriate Department Head or
Administrative Manager, the employee's work or misconduct so warrants. Upon taking such
action, the appropriate Department Head or Administrative Manager shall file with the
employee and the Human Resources Director a written notification containing a statement
of the substantial reasons for the action and the effective date of the action.
28.4 In the disciplinary process, ANAHEIM shall conform with the procedural due process
requirements of Skelly v. State Personnel Board. At such time as Skelly due process is
required, prior to the determination that discipline will be imposed, the appropriate
Department Head or Administrative Manager, at a minimum shall:
28.4.1 Provide written notification to the employee of the proposed discipline at least six
(6) working days prior to the date the discipline is proposed to be implemented.
The notification shall include:
28.4.1.1 The discipline that is proposed;
28.4.1.2 The grounds for imposing disciplinary action;
28.4.1.3 The actions, omissions, or conduct of the employee upon which the
proposed discipline is based; and
28.4.1.4 An invitation to respond either orally or in writing prior to the proposed
effective date of the discipline.
28.4.2 Provide copies of documents considered which support the proposed discipline.
28.4.3 Provide written notification of the final determination after consideration of the
employee's response or after the opportunity to respond if the employee chooses
not to respond.
28.4.4 ANAHEIM and AMEA recognize and understand that failure to comply with
ARTICLE 28.4 shall not invalidate a disciplinary action, but may result in penalties
upon ANAHEIM, as reflected in decisions of the California appellate courts.
28.5 When an employee is dismissed as provided in this ARTICLE, ANAHEIM and AMEA agree
to the following accelerated procedure under the provisions of ARTICLE 50 — GRIEVANCE
GENERAL:
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28.5.1 ANAHEIM and AMEA agree that only one (1) post - Skelly hearing by the
appropriate Department Head or Administrative Manager shall be held. This
hearing shall be held within ten (10) working days after the dismissal is grieved
unless mutually extended.
28.5.2 If the grievance is then appealed to Step III to be submitted to an impartial
arbitrator for a final and binding decision, ANAHEIM and AMEA agree to:
28.5.2.1 Develop a standing list of mutually approved arbitrators.
28.5.2.1.1 This list shall include no more than five (5)
mutually approved arbitrators.
28.5.2.1.2 ANAHEIM and AMEA agree to reestablish the list
of arbitrators once each year in January.
28.5.2.1.3 ANAHEIM or AMEA may remove arbitrators from
this list at any time.
28.5.2.2 Select the arbitrator from the standing list that has the earliest,
reasonable available hearing date, unless the parties mutually
agree to select another arbitrator from the list.
28.5.2.3 Stipulate to the following submission language when a dismissal is
submitted to an impartial arbitrator: "Was (name of employee)
dismissed for good and sufficient cause? If not, what shall be the
remedy ?"
ARTICLE 29 - REASSIGNMENT. LAYOFF AND RE- EMPLOYMENT
29.1 Layoff for lack of work or lack of funds shall be on the basis of an evaluation of
qualifications, and seniority within the affected job class.
29.1.1 An employee whose position has been abolished due to lack of work or lack of
funds shall be reassigned by his /her Department Head to any position within
his /her division or department in an equivalent or lower job class for which he /she
meets the minimum requirements and has City seniority over other employees in
the job class. An apprentice job class is considered equivalent to the journey level
job class for purposes of this ARTICLE. If the employee whose position has been
abolished does not have City seniority over other employees in equivalent or lower
classes, he /she may be reassigned by his /her Department Head to any vacant
position within the department in an equivalent or lower job class, for which he /she
meets the minimum requirements. An employee so reassigned shall be placed in
the salary step of the appropriate salary schedule closest to his /her rate of pay. An
employee so reassigned shall be reinstated to his /her former job class and salary
step status when positions in his /her former job class (within his /her division or
department) become vacant. Such reinstatement shall be on the basis of City
seniority.
29.1.2 Whenever an employee whose position has been abolished cannot be reassigned
to a vacant position within his /her division or department, the employee shall be
reassigned by the City Manager to any vacant position in any other division or
department in his /her job class or in an equivalent or lower job class for which
16
he /she meets the minimum qualifications for employment. If an employee is
reassigned to a vacant position within his /her job class in any other division or
department, he /she shall retain his /her rate of pay. If an employee is reassigned to
a vacant position in an equivalent or lower job class in any other division or
department, he /she may be placed in any salary step of the appropriate salary
schedule that does not provide an increase in salary. An employee reassigned to a
vacant position in an equivalent or lower job class in any other division or
department shall be reinstated to his /her former job class and salary step status
when positions in his /her former job class (within his /her former division or
department) become vacant. Such reinstatement shall be on the basis of City
seniority.
29.2 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 /her job
class. Persons on the re- employment list shall be re- employed with his /her former salary
step status when positions in his /her job class (within the division or department from which
they were laid off) become vacant. Re- employment shall be on the basis of City seniority.
29.3 Whenever an employee is reassigned to a vacant position in the same class, an equivalent
class, or lower class as herein provided, the employee shall retain the same anniversary
date for purposes of merit pay increases.
29.4 Whenever an employee is reinstated to a vacant position in his /her former job class, or re-
employed as herein provided, the employee shall be given a new anniversary date for
purposes of merit pay increases in accordance with the provisions of ARTICLE 16 —
APPROPRIATE SALARY STEP.
29.5 An employee reinstated from the re- employment list shall be considered to have
continuous service and may be credited with the amount of accumulated sick leave 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 39 — SICK LEAVE.
29.6 ANAHEIM and AMEA agree that ANAHEIM will notify AMEA of layoffs, which affect
employees represented by AMEA at the same time or prior to notification of employees.
29.7 The provisions of this ARTICLE shall only apply to regular, full -time employees in the
classified service. Employees appointed to certain grant- funded positions, as designated by
the City Manager under ARTICLE 22.8, and newly hired probationary employees shall be
excluded from the provisions of this ARTICLE.
ARTICLE 30 - TRANSFER
30.1 A change of an employee's place of employment from one division to another or from one
department to another shall be considered a transfer. A change of an employee's place of
employment to a vacant position in a job class on the same salary schedule as his /her own
job class shall also be considered a transfer.
30.1.1 A transfer from one division to another or from one department to another shall
require the approval of the head of the division or department to which the
employee is transferring and the Human Resources Director. Such a transfer shall
be initiated by request of the employee to the Human Resources Director.
30.1.2 A transferred employee shall retain his /her rate of pay and his /her anniversary date
for purposes of merit pay increases.
ON
30.1.3 In order to be transferred to a job class with minimum standards of employment
substantially different from those of his /her own job class, an employee shall be
required to demonstrate his /her eligibility for employment in accordance with the
provisions of ARTICLE 22 -- APPOINTMENTS AND PROMOTIONS and shall
serve a new probationary period in accordance with the provisions of ARTICLE 24
PROBATION.
30.2 Transfers for the betterment of employees and the best interests of ANAHEIM shall be
encouraged by all echelons of management.
ARTICLE 31 - REINSTATEMENT
31.1 An employee who terminates his /her employment in good standing may be reinstated to a
vacant position in his /her former job class within three (3) years of his /her termination date
without re- qualifying for employment by competitive processes.
31.1.1 An employee reinstated within thirty (30) days of his /her termination date shall be
considered to have continuous service, shall not serve a new probationary period,
and shall be credited with the amount of accumulated sick leave he /she had at the
time of termination. He /she shall be placed in his /her former salary step and shall
retain his /her anniversary date for purposes of merit pay increases. If his /her
anniversary date has occurred during the period of his /her absence, his /her new
anniversary date shall be the first day of the next biweekly pay period following
reinstatement.
31.1.2 An employee reinstated after thirty (30) days of his /her termination date shall serve
a new probationary period and may be considered to have broken service for
purposes of salary step status, and shall be considered to have broken service for
all other employee benefits.
31.2 An employee may be reinstated under the provisions of the Vocational Rehabilitation
Administrative Regulation to any vacant position for which he /she meets the minimum
qualifications.
31.3 The provisions of this ARTICLE shall apply to regular, full -time employees.
ARTICLE 32 - VOLUNTARY DEMOTION
32.1 If an employee takes a voluntary demotion as a result of a downward reclassification of
his /her position, his /her salary step status shall be in accordance with the provisions of
ARTICLE16.4.
32.2 Voluntary demotions as a result of impending layoff shall be in accordance with the
provisions of ARTICLE 29 - REASSIGNMENT, LAYOFF, AND RE- EMPLOYMENT.
32.3 An employee may request a voluntary demotion for any reason. Such a voluntary
demotion shall require the approval of the Department Head under whom the employee will
serve and the Human Resources Director. An employee taking such a voluntary demotion
may be placed in any salary step of the appropriate salary schedule that does not provide
iN
an increase in salary. He /she shall be given a new anniversary date for purposes of merit
pay increases in accordance with provisions of ARTICLE 16.1.
32.3.1 Voluntary demotions in accordance with the Vocational Rehabilitation
Administration Regulation shall be in accordance with the provisions of ARTICLE
32 — VOLUNTARY DEMOTION.
32.4 An employee who has taken a voluntary demotion to a lower job class may be reinstated to
a vacant position in his /her former job class within three (3) years of the effective date of
the voluntary demotion without re- qualifying by competitive processes.
32.4.1 An employee reinstated to his /her former job class from a voluntary demotion shall
retain his /her rate of pay. If his /her rate of pay is not included in the salary schedule
of his /her former job class, he /she shall be placed in the salary step of that salary
schedule which is closest to his /her rate of pay. He /she shall retain his /her
anniversary date for purposes of merit pay increases; however, if he /she is placed
in the fifth or sixth step of the salary schedule, he /she shall be eligible for a merit
pay increase after six (6) months or his /her regular anniversary date, whichever is
sooner.
ARTICLE 33 - BEREAVEMENT LEAVE
33.1 In the event a death occurs in the immediate family of a full -time employee, the employee
shall be granted bereavement leave with pay for up to a maximum of three (3) consecutive
work shifts. "Immediate family" shall be defined as any relative by blood or marriage who is
a member of the employee's household, under the same roof, and any parent, foster
parent, step - parent, spouse or registered domestic partner, child (including still- born),
grandchild, brother or sister of the employee, or any parent, foster parent, or step - parent of
the employee's spouse or registered domestic partner, regardless of residence.
33.2 In the event a death occurs among other family members of an employee, the employee
shall be granted bereavement leave with pay for up to a maximum of one (1) work shift.
Other family members shall be defined as grandparent, daughter -in -law, son -in -law not
under the same roof of the employee; and any grandparent, grandchild, child, brother, or
sister of the employee's spouse or registered domestic partner, regardless of residence.
33.3 Bereavement leave may be used only at the time a death occurs, or to make burial
arrangements and /or attend funeral or memorial services.
33.4 ANAHEIM guarantees that in addition to the above, employees may use all available sick
leave or vacation on the books up to forty (40) hours. If no sick leave or vacation is on the
books, ANAHEIM guarantees the employee the ability to use leave without pay up to forty
(40) hours.
33.5 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 34 - HOLIDAYS
34.1 The following days shall be recognized as holidays, and regular full -time employees shall
have these holidays off with pay:
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January 1 st, New Year's Day
Third Monday in January, Martin Luther King Jr.'s Birthday
Third Monday in February, President's Day
Last Monday in May, Memorial Day
July 4th, Independence Day
First Monday in September, Labor Day
November 11, Veteran's Day
Fourth Thursday in November, Thanksgiving Day
Friday after Thanksgiving Day
December 25th, Christmas Day
Every day designated by the City Council for a public feast, thanksgiving or holiday.
34.2 In the event that any of the above holidays fall on an employee's scheduled day off, said
employee shall observe the preceding work day or the following work day as scheduled by
the Department Head to provide maximum regular service to the public.
34.3 Employees may be required to work on any of the above holidays or days observed in lieu
of those holidays. An employee required to work on any of the above holidays or days
observed in lieu of those holidays, shall receive additional compensation equivalent to one
and one -half (1 %) times his /her regular rate of pay.
34.4 In the event that any of the recognized City holidays fall on a weekend, all field employees
shall observe the same day.
34.5 When an employee working in the Police Department classifications listed in ARTICLE
34.5.3 below is required to work on any of the above listed holidays or days observed in
lieu of those holidays, the employee shall receive compensation in addition to eight (8)
hours regular holiday pay.
34.5.1 In the event the holiday falls on the employee's regularly scheduled twelve (12)
hour day, the first four (4) hours worked shall be compensated at the employee's
regular hourly rate of pay, including shift differential, if applicable. All hours worked
in excess of four (4) hours shall be compensated at one and one -half (1 times
the employee's regular rate of pay, including shift differential, if applicable.
34.5.2 In the event a holiday falls on the employee's regularly scheduled eight (8) hour
work day, all hours worked shall be compensated at one and one -half (1' /z) times
the employee's regular hourly rate of pay, including shift differential, if applicable.
34.5.3 These provisions apply to:
Police Communications Supervisor
Police Communications Operator
Police Dispatcher I
Police Dispatcher II
34.6 Employees working in the Police Department classifications listed in ARTICLE 34.5.3
above may elect to accrue credit for overtime hours worked on a holiday in lieu of payment
for those holiday work hours. ARTICLE 34.5 above describes circumstances under which
an employee working on a holiday may be entitled to accrue credit for hours of holiday
overtime at the rate of one and one -half (1' /z) hour per hour worked. In such circumstances,
the employee may elect to either be paid at the rate of one and one -half (1' /z) hour for each
overtime hour worked or accrue credit for holiday work time which is recorded at the rate of
one and one -half (1'/z) hour for each overtime hour worked. At the close of the pay period
that includes November 16 each year, an employee shall be compensated at his /her
current regular hourly rate of pay for each hour of holiday time accrued.
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34.7 An employee assigned to the Fire Communications Work Schedule shall receive an
additional twelve (12) hours pay at their regular rate of pay or shall accrue twelve (12)
hours holiday time for each holiday listed in ARTICLE 34.1 above.
34.8 Once each year an employee shall be compensated by separate check at his /her current
rate of pay, for any holiday time off accrued but not taken at the close of the biweekly pay
period that includes November 16.
34.9 Upon termination, an employee shall be compensated by check at his /her current rate of
pay for any holiday time off accrued but not taken.
34.10 In order to be eligible for holiday pay, an employee must be either at work or on paid leave
of absence on the regularly scheduled work day immediately preceding the holiday or day
observed in lieu of the holiday and the regularly scheduled work day immediately following
the holiday or day observed in lieu of the holiday. No employee who is on suspension or
unpaid leave of absence on either the regularly scheduled workday immediately preceding
or immediately following the holiday or day observed in lieu of the holiday shall receive
compensation for said holiday or day observed in lieu of the holiday.
34.11 For employees assigned by management to work the Nine Plan alternate schedule:
34.11.1 If the holiday falls on an employee's nine (9) hour workday, the employee will
receive only eight (8) hours of holiday pay. The employee shall be required to
submit a request for one (1) hour of vacation to be charged to that day, unless, at
management's discretion, the employee requests in advance and receives written
authorization to make up that hour by working one (1) hour in addition to their
regular work shift on some other day during that same work period. AMEA and
ANAHEIM agree that such additional hour worked shall not be considered overtime
and the employee shall be paid at their regular hourly rate of pay.
34.11.2 In the event an employee does not request to make up the hour or is not
authorized to make up the hour and does not have sufficient vacation time
to cover the hour, or in the event the employee is not eligible for vacation, the
employee shall be charged one (1) hour of authorized leave without pay.
34.12 For employees assigned by management to work the Ten Plan alternate schedule:
34.12.1 If the holiday falls on an employee's ten (10) hour workday, the employee will
receive only eight (8) hours of holiday pay. The employee shall be required to
submit a request for two (2) hours of vacation to be charged to that day, unless, at
management's discretion, the employee requests in advance and receives written
authorization to make up those hours by working one (1) or more hours in addition
to their regular work shift on some other day or days during that same work period.
AMEA and ANAHEIM agree that such additional hours worked shall not be
considered overtime and the employee shall be paid at their regular hourly rate of
pay.
34.12.2 In the event an employee does not request to make up the hours or is not
authorized to make up the hours and does not have sufficient vacation time to
cover the hours, or in the event the employee is not eligible for vacation, the
employee shall be charged two (2) hours of authorized leave without pay.
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ARTICLE 35 - INDUSTRIAL ACCIDENT LEAVE
35.1 In the event that any full -time employee is absent from work as a result of any injury or
disease which comes under the State of California Workers' Compensation Insurance and
Safety Act, such absence shall be considered to be Industrial Accident Leave.
35.2 An 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 Workers' Compensation Insurance and Safety Act and eighty percent
(80 %) of his /her regular basic rate of pay.
35.2.1 In the event that an employee who has received or is receiving Industrial Accident
Leave benefits files a civil legal action against a third party for allegedly causing or
contributing to the cause of the injury which resulted in the absence from work, the
employee is required to inform the Risk Management Center of the filing of such
legal action.
35.3 Industrial Accident Leave shall begin on the first day of such absence as defined in
ARTICLE 35.1.
35.3.1 Industrial Accident Leave shall continue during all absences due to a single injury,
but not to exceed one (1) year of accumulated absence.
35.3.2 Industrial Accident Leave benefits provided by this ARTICLE shall apply to each
injury or disease as defined in ARTICLE 35.1.
35.3.3 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.
35.3.4 A written statement from the treating physician that the employee's condition is
permanent and stationary or separation from ANAHEIM service ends eligibility for
Industrial Accident Leave for that particular injury or disease.
35.3.5 Industrial Accident Leave for absence due to injury or disease as defined in this
ARTICLE shall be granted to employees only upon presentation of a physician's
certificate of treatment.
35.4 No employee shall have accrued sick leave deducted while on Industrial Accident Leave.
Vacation and sick leave shall continue to accrue for an employee on Industrial Accident
Leave in accordance with the provisions of ARTICLE 39 - SICK LEAVE and ARTICLE 40-
VACATION.
ARTICLE 36 -JURY DUTY AND COURT APPEARANCES
36.1 In the event any full -time employee is duly summoned to any court for the purpose of
performing jury duty, he /she shall receive his /her regular compensation for any regularly
scheduled working hours spent in actual performance of such service.
36.1.1 Whenever an employee is duly summoned to appear as a witness, except where
the employee is a litigant or a defendant in a criminal case or any action brought
about as a result of his /her own misconduct, he /she shall receive his /her regular
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compensation for any regularly scheduled working hours spent in actual
performance of such service.
36.1.2 Employees receiving witness fees shall remit such fees to the City Treasurer in
order to be considered at work for payroll purposes during time spent as such
witnesses.
ARTICLE 37 -LEAVE WITHOUT PAY
37.1
An employee who is absent from work and who is not on leave with pay shall be
considered to be on leave without pay.
37.1.1 An employee on leave without pay shall not receive compensation and shall not
accumulate vacation or sick leave while on such leave.
37.1.2 An employee who has a 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 employee's Department Head.
37.1.3 In the event that leave without pay is granted an employee for reasons of illness or
physical incapacity due to illness or injury, ANAHEIM shall continue to pay for any
hospitalization and major medical insurance previously paid for by ANAHEIM for a
maximum of six (6) complete months. ANAHEIM shall waive the payment of
employee premiums for any ANAHEIM sponsored medical, dental, and life
insurance benefit plans for a maximum of six (6) months.
37.1.4 An employee may be granted leave without pay not to exceed six (6) months. An
extension of leave without pay beyond six (6) months is permitted only when leave
without pay is granted an employee for reasons of illness or physical incapacity
and a determination has been made by the Human Resources Department that
return to work is likely.
37.1.5 An employee returning to work from leave without pay shall be placed in the same
salary step he /she was in prior to such leave. If such leave was in excess of two (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 ARTICLE
16.1 provided that he /she returns to a position in his /her same job class. If the
employee returns to a position in a lower job class, his /her salary step status shall
be determined in accordance with the provisions of ARTICLE 32 — VOLUNTARY
DEMOTION.
ARTICLE 38 - MILITARY LEAVE
38.1 ANAHEIM's policy relating to military leave and compensation shall be in accordance with
the provisions of the Military and Veterans Code of the State of California and with all
federal provisions (Public Law 93 -508).
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ARTICLE 39 -SICK LEAVE
39.1 Employees shall accrue annual sick leave with pay in accordance with the following
provisions:
39.1.1 Regular, full -time employees with an average regular workweek of forty (40) hours
shall accrue paid sick leave at the rate of three (3) hours for each complete
biweekly pay period.
39.1.2 Paid sick leave shall continue to accrue in accordance with the above provisions
during any period of leave with pay.
39.1.3 An employee requesting sick leave for an absence from work as a result of any
injury or disease which comes under the State of California Workers'
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 Workers' Compensation Insurance and Safety Act and
his /her regular basic rate of pay.
39.2 Each employee shall have one -half (' /z) hour deducted from their accrued sick leave time
for each one -half ( %) hour of sick leave taken. The minimum amount of sick leave that may
be taken at any given time shall be one -half ( %) hour.
39.2.1 An employee may, at his /her option, elect to use vacation time to bridge the period
after sick leave is exhausted and prior to short term disability (hereinafter "STD ")
commencing.
39.3 Sick leave that is accrued, but not taken, shall be accumulated.
39.3.1 Regular, full -time employees with an average regular work week of forty (40) hours
shall be paid at their regular hourly rate of pay for all hours accumulated beyond
one hundred seventy -five (175) in each calendar year. Payment shall be made in
January of each year, or upon the employee's termination of employment for any
reason. A maximum of one hundred seventy -five (175) hours shall carry over from
year to year.
39.3.2 ANAHEIM shall pay to an employee upon the employee's termination of
employment due to retirement in accordance with ARTICLE 51 - INSURANCE -
ACTIVE EMPLOYEES or layoff in accordance with ARTICLE 29 -
REASSIGNMENT, 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, ANAHEIM shall pay to
his /her beneficiary, as designated by the California Public Employees' Retirement
System (hereinafter "PERS ") records, the cash equivalent of all hours accumulated
up to the maximum of one hundred seventy -five (175) hours that may be carried
over from year to year.
39.4 An employee who has completed six (6) months as a regular, full -time employee and is
continuously and totally disabled for more than one (1) calendar month shall receive a short
term disability leave benefit of net sixty percent (60 %) of his /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
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the nature and extent of the disabling illness or injuries and the prognosis and date of
expected return to work. Short term disability benefits shall continue beyond sixty (60)
and /or one hundred and twenty (120) days of absence only upon submission of the report
of physical examination by the treating physician or medical practitioner.
39.4.1 Deductible benefits include salary or other compensation paid by: 1) any employer;
2)
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; and 3) a pension plan toward which ANAHEIM contributed.
39.4.2 Total disability means an employee's complete inability to engage in his /her regular
occupation.
39.4.3 Benefits are not payable unless the employee is regularly seen and treated by a
licensed physician or medical practitioner who certifies to the continuing disability.
39.4.4 ANAHEIM shall waive the payment of employee premiums for any ANAHEIM
sponsored medical, dental, and life insurance benefit plans during any biweekly
pay period during which short term disability benefits are paid.
39.5 In the event that any paid holiday occurs during a period when an 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 an employee's accrued sick leave shall
be those hours that the employee is regularly scheduled to work.
39.6 An employee eligible for paid sick leave shall be granted such leave for the following
reasons:
39.6.1 Illness of the employee or physical incapacity of the employee due to illness or
injury.
39.6.2 Enforced quarantine of the employee in accordance with community health
regulations.
39.6.3 Medical and dental appointments during work hours. Use of sick leave for
scheduled medical and dental appointments shall require prior approval of the
employee's supervisor and will be granted in accordance with the best interest of
ANAHEIM and the employee's department or division.
39.6.4 Temporary disabilities caused by pregnancy and childbirth.
39.6.5 To attend to the illness of the employee's immediate family. "Immediate family"
means a child, parent, or spouse of the employee regardless of residence.
39.6.5.1 In addition, ANAHEIM shall allow employees who do not have
sufficient accrued vacation or other forms of paid leave available,
to use their accrued sick leave in the event of a medical
emergency or serious illness of any other member of the
employee's household, under the same roof, and any grandchild,
brother, or sister of the employee, regardless of residence.
39.7 An employee who cannot perform his /her assigned duties due to illness or physical
incapacity shall inform his /her immediate supervisor of the fact and the reason therefore as
soon as possible. Failure to do so within a reasonable time may be cause of denial of sick
leave with pay.
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39.8 In the event that an employee is absent on sick leave in excess of twenty-four (24)
consecutive working hours, the employee's Department Head or Division Head may require
that the employee submit a written statement by a physician licensed by the State of
California certifying that the employee's condition 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 disciplinary action.
39.9 In the event that an employee becomes ill during working hours and is placed on paid sick
leave prior to the close of the workday, such paid sick leave shall be calculated to the
nearest one -half (' /z) hour.
39.10 Effective December 19, 1980, accrued sick leave hours shall be entered in a new sick
leave plan and regular, full -time employees with an average regular work week of forty (40)
hours who were employees as of that date, shall have up to one hundred seventy -five
(175) hours transferred to the usable sick leave account. The remainder (over one hundred
seventy -five (175) hours) shall be credited as follows: seventy -five percent (75 %) to be
reported as service credit at retirement; and twenty -five percent (25 %) converted to cash
value at the employee's current (December 19, 1980) regular hourly rate of pay and paid
with interest at retirement, layoff or to his /her beneficiary, as designated by PERS records if
the employee dies while employed.
39.10.1 Employees who retire shall receive service credit for all hours up to one hundred
seventy -five (175).
39.10.2 An employee who has more than ten (10) years of continuous City service may
elect to receive all or a portion of his /her Employee Sick Leave Trust Fund amount.
Such payments shall be paid in cash by separate check subject to standardized
withholding taxes. When partial payment is requested, the amount shall not be less
than twenty -five percent (25 %) of the balance, and a maximum of four (4) such
partial payments shall be allowed with the fourth payment paying the entire
remaining balance in the account.
39.10.2.1 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.
39.11 If two (2) or more periods of total disability occur during a specific six (6) -month elimination
period for the insured long term disability (hereinafter "LTD ") plan, all such periods shall be
considered as one (1) period of continuous total disability under the following conditions:
39.11.1 All periods of total disability must be due to the same cause or causes; and
39.11.2 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
39.11.3 Commencement of the benefit period for the insured LTD plan shall automatically
terminate benefits from the ANAHEIM Disability Plan.
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ARTICLE 40 - VACATION
40.1 Regular, full -time employees with an average workweek of forty (40) hours shall receive
annual vacation with pay in accordance with the following provisions:
40.1.1 For the first four (4) years of continuous, full -time service, such employees shall
accrue paid vacation at the rate of four (4) hours for each complete biweekly pay
period plus two (2) hours of paid vacation at the close of the final complete
biweekly pay period of each fiscal year (106 hours or 13.25 working days per year).
40.1.2 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 or 16.25 working days per year).
40.1.3 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 or 19.5 working days per year).
40.1.4 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 or 22.75 working days per year).
40.1.5 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 or 26 working days per year).
40.1.6 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 or 29.25 working days per year).
40.2 Paid vacations shall continue to accrue in accordance with the above provisions during any
period of leave with pay. All vacations shall be scheduled and taken in accordance with the
best interests of ANAHEIM and the department or division in which the employee is
employed. The maximum amount of vacation that may be taken at any given time shall be
that amount that has accrued to the employee concerned. The minimum amount of
vacation that may be taken at any given time shall be one -half ('/) hour.
40.3 An employee shall be eligible to take any accrued vacation upon completion of six (6)
months of service.
40.4 Each employee shall have one -half (' /z) hour deducted from his /her accrued vacation time
for each one -half ( %) hour of vacation taken. Vacation which is accrued, but not taken,
shall be accumulated.
40.5 Maximum vacation accumulations for employees with an average regular workweek of forty
(40) hours shall be as follows:
40.5.1 For employees accruing vacation at the rate of eighty (80) hours for every twenty -
six (26) complete biweekly pay periods, the maximum amount of vacation that may
be accumulated shall be one hundred sixty (160) hours.
40.5.2 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.
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40.5.3 For employees accruing vacation at the rate of one hundred thirty (130) hours for
every twenty -six (26) complete biweekly pay periods, the maximum amount of
vacation that may be accumulated shall be two hundred sixty (260) hours.
40.5.4 For employees accruing vacation at the rate of one hundred fifty -six (156) hours for
every twenty -six (26) complete biweekly pay periods, the maximum amount of
vacation that may be accumulated shall be three hundred twelve (312) hours.
40.5.5 For employees accruing vacation at the rate of one hundred eighty -two (182) hours
for every twenty -six (26) complete biweekly pay periods, the maximum amount of
vacation that may be accumulated shall be three hundred sixty -four (364) hours.
40.5.6 For employees accruing vacation at the rate of two hundred eight (208) hours for
every twenty -six (26) complete biweekly pay periods, the maximum amount of
vacation that may be accumulated shall be four hundred sixteen (416) hours.
40.5.7 For employees accruing vacation at the rate of two hundred thirty -four (234) hours
for every twenty -six (26) complete biweekly pay periods, the maximum amount of
vacation that may be accumulated shall be four hundred sixty -eight (468) hours.
40.6 Upon termination, an employee shall be compensated by check at his /her current rate of
pay for any vacation accrued but not taken, provided he /she has successfully completed
his /her probationary period.
40.7 In the event that any recognized holiday occurs during an employee's vacation, the holiday
shall not be charged against the employee's accrued vacation. The only vacation hours
that shall be charged against an employee's accrued vacation shall be those hours that the
employee is regularly scheduled to work.
40.8 An employee shall have the ability to be compensated for accrued vacation in either two (2)
separate increments of up to sixty (60) hours each or one (1) increment of up to one
hundred twenty (120) hours, subject to the following provisions:
40.8.1 A minimum of forty (40) hours of vacation must have been used during the
previous twelve (12) months.
40.8.2 An employee's request for the annual vacation payoff is subject to the approval of
the employee's Department Head.
40.8.3 The employee's balance cannot drop below forty (40) hours as a result of the
request.
ARTICLE 41 - OVERTIME - GENERAL
41.1 A full -time employee who performs authorized work in excess of his /her 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 his /her regular hourly rate of pay.
41.1.1 Overtime shall be calculated to the nearest one - quarter ( %) hour of overtime
worked, except any overtime of less than one -half (' /Z) hour duration shall be
calculated to the nearest one -half (' /z) hour.
41.1.2 All overtime must be authorized by the appropriate Division Head.
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41.2 A full -time employee who performs authorized work in excess of sixteen (16) consecutive
hours shall be compensated at the rate of two (2) times their regular hourly rate of pay for
all additional consecutive hours worked in excess of sixteen (16) in any workday or shift.
41.3 All employees who earn overtime may elect to be paid by check for any overtime worked,
or to be paid at the rate of one -half ('/2) times their regular hourly rate and accrue one (1)
hour of compensatory time earned for each hour of overtime worked, subject to the
following conditions:
41.3.1 Compensatory time must be so designated at the time it is earned and once
designated, may not be converted to another form of overtime.
41.3.2 An employee shall have the option of accruing up to a maximum of eighty (80)
hours compensatory time per fiscal year. Such compensatory time shall be paid off
to a balance of forty (40) hours twice per fiscal year. Compensatory time shall be
paid off on the last payday in December and on the last payday in June each fiscal
year.
41.3.3 An employee who separates service for any reason or promotes out of the
bargaining unit shall be paid at his /her current regular hourly rate of pay for all
compensatory time accrued but not taken.
41.3.4 Requests for compensatory time off shall be reviewed and approved in accordance
with ARTICLE 40.2.
41.4 Notwithstanding the overtime provisions of ARTICLE 41 — OVERTIME — GENERAL, 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.
ARTICLE 42 - BILINGUAL PAY
42.1 Employees required to speak in Spanish or other languages (including sign language), as
well as English, as part of their regular duties of their position will be compensated at the
rate of sixty dollars ($60) per pay period in addition to their regular pay.
42.2 Effective the pay period beginning December 19, 2014, with the paycheck dated January 9,
2015, employees required to speak in Spanish or other languages (including sign
language), as well as English, as part of their regular duties of their position will be
compensated at the rate of seventy dollars ($70) per pay period in addition to their regular
pay.
42.3 Employees required to speak, read and /or write in Spanish or other languages (including
sign language), as well as English, as part of their regular duties of their position will be
compensated at the rate of eighty dollars ($80) per pay period in addition to their regular
rate of pay.
42.4 Effective the pay period beginning December 19, 2014, with the paycheck dated January 9,
2015, employees required to speak, read and /or write in Spanish or other languages
(including sign language), as well as English, as part of their regular duties of their position
will be compensated at the rate of ninety dollars ($90) per pay period in addition to their
regular rate of pay.
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42.5 The appropriate Department Head shall designate which positions shall be assigned
bilingual duties and which languages shall be eligible for bilingual pay.
42.6 The Human Resources Director shall conduct a test of competency for employees whose
positions have been assigned bilingual duties to certify these employees eligible for
bilingual pay, except that operating departments with authorized bilingual certifiers
may conduct their own test of bilingual competency and notify the Human
Resources Director of the outcome of the test.
42.7 Bilingual pay eligibility shall continue in accordance with the above provisions during any
period of leave with pay.
42.8 Bilingual pay eligibility shall continue only as long as the employee's Department Head
affirms an ongoing need for the assigned bilingual duties, and only so long as the
employee demonstrates continuing competency through a proficiency examination
once every three (3) years.
ARTICLE 43 - CALL -OUT
43.1 Call -out compensation shall be in accordance with the following provisions:
43.1.1 All emergency call -out time shall be calculated to the nearest one - quarter ( %<) hour
of time worked.
43.1.2 When an employee is called out for emergency work, he /she shall be paid at the
rate of one and one -half (1 '/) times their regular rate of pay for such emergency
work.
43.2 A minimum of three (3) hours (including travel time) of pay at the rate of one and one -half
(1 '/) times the employee's regular rate of pay shall be guaranteed for each emergency
call -out.
43.3 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.
43.4 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.
ARTICLE 44 -SHIFT DIFFERENTIALS
44.1 All eight (8) hour periods, regularly scheduled to begin at 3:00 p.m., or thereafter, but
before 3:00 a.m. shall be designated as night shift provided, however, that ANAHEIM
employees in classifications set forth in Appendix "A" who work the 2:30 p.m. to 11:00 p.m.
shift at the Anaheim Police Department will also be designated as being on the night shift.
44.1.1 A premium of five percent (5 %) of the employee's regular hourly rate of pay shall
be paid for work performed in the night shift.
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44.1.2 A premium of five percent (5 %) of the employee's regular hourly rate of pay shall
be paid for each hour worked in his /her regular rate of pay between 3:00 a.m. and
6:00 a.m.
44.1.3 When a shift premium is applicable to time worked at the overtime rate of pay, the
overtime rate shall be applied to the applicable shift premium.
44.1.3.1 When an employee is required to work continuously without a break
beyond the end of his /her night shift, the overtime rate shall be applied to
the applicable shift premium.
44.1.4 Shift premium shall be payable only for hours actually worked and shall not be paid
for non -work time, such as vacations, holidays, sick leave, etc.
ARTICLE 45 -SHORT SHIFT CHANGE
45.1 Short shift changes as defined herein shall be compensated at the rate of one and one -half
(1%) times the employee's regular rate of pay.
45.1.1 The first work day on a new schedule after transfer from one schedule of working
days to another without notification of such transfer at least twenty -four (24) hours
in advance of the starting time of the new schedule.
45.1.2 The first shift after transfer from one eight (8) hour working shift to another without
notification of such transfer at least twenty -four (24) hours in advance of the
starting time of the new shift.
45.1.3 Whenever required to transfer from one schedule of working days to another with
but eight (8) hours off between shifts more than once in a workweek.
45.1.4 No overtime compensation shall be paid for any hours worked on a second shift in
any twenty -four (24) hour period, which hours are worked as a result of the regular
shift rotation or which hours are worked as a result of shift changes or changes in
days off mutually agreed upon by employees for their convenience. Any changes in
days off must be in the same workweek.
ARTICLE 46 - STANDBY
46.1 An employee assigned to standby duty for the purpose 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 his /her regular hourly rate of pay for each calendar day
of such standby duty.
46.1.1 An employee assigned to standby duty for the purpose of being on call for two (2)
separate court subpoenas for both a morning and an afternoon session, or when
an employee is carried over from a single subpoena from a morning session to 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.
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ARTICLE 47 - TRAVEL AND MILEAGE EXPENSE
47.1 Travel expense allowance for employees while on City business shall be provided in
accordance with regulations established by the City Manager and /or the City Council.
47.2 ANAHEIM's mileage reimbursement rate will be the standard mileage rate established by
the Internal Revenue Service.
47.3 Any increase or decrease shall be effective the first day of the second month after the date
of publication by the Internal Revenue Service.
ARTICLE 48 -MEAL ALLOWANCES
48.1 The City shall provide an employee adequate meals under the following conditions:
48.1.1 An employee shall be provided two (2) adequate meals if he /she is called out on
emergency overtime work one (1) hour before a scheduled workday. If a meal has
been earned under another section of this ARTICLE within two (2) hours of the
scheduled workday, only one (1) meal shall be provided under this Section.
48.1.2 An employee will be provided one (1) meal if he /she is called back to emergency
overtime work within one and one -half (1' /z) hours after normal quitting time and
works beyond two and one -half (2' /z) hours after normal quitting time.
48.1.3 An employee shall be provided one (1) adequate meal if he /she works two (2)
hours overtime beyond the normal quitting time.
48.1.4 An employee shall receive one (1) meal if he /she is scheduled to work overtime
two (2) hours before a regular day.
48.1.5 An employee shall be provided one (1) adequate meal at four (4) hour intervals
during the performance of emergency overtime work.
48.1.6 Mealtime shall be compensated at the appropriate overtime rate and shall normally
be limited to one -half ( %) hour with a maximum of forty -five (45) minutes paid
mealtime.
48.1.7 An employee may at his /her request, be compensated for meals at the rate of one -
half ('/) hour of overtime pay per meal.
ARTICLE 49 - CERTIFICATION PAY
49.1 Employees in the following job classes shall receive emergency medical dispatcher
certification pay upon certification as an Emergency Medical Dispatcher by the National
Academy of Emergency Medical Dispatch of the United States of America:
Fire Communications Shift Supervisor
Fire Dispatcher I
Fire Dispatcher II
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49.1.1 The effective date of emergency medical dispatcher certification pay shall be the
first day of the pay period following verification of eligibility. Upon an employee's
initial; certification, he /she will be eligible for emergency medical dispatcher
certification pay until his /her certification expires. Eligibility for certification pay will
continue only if he /she is periodically re- certified as provided by the County of
Orange Emergency Medical Services /State of California.
49.1.2 Emergency medical dispatcher certification pay shall be seventy -five cents ($.75)
per hour, effective the first pay period following City Council approval. Employees
employed on July 1, 1994, shall be eligible to receive emergency medical
dispatcher certification pay immediately upon verification of eligibility.
49.2 Employees in the following job classes shall receive Auto Parts Specialist certification pay
upon certification as a Parts Specialist by the National Institute for Automotive Service
Excellence:
Automotive Parts Specialist
Parts Supervisor
49.2.1 Auto parts specialist certification pay will be paid once each fiscal year during the
pay period that includes November 16. Upon an employee's initial certification,
he /she will be eligible for auto parts specialist certification pay for that fiscal year
immediately upon submission of verification. Eligibility for annual certification pay
will continue only if he /she is re- certified as provided by The National Institute for
Automotive Service Excellence.
49.2.2 Auto parts specialist certification pay shall be five hundred dollars ($500).
49.2.3 Probationary employees are not eligible for Auto Parts Specialist certification pay.
49.2.4 Only full -time regular employees are eligible for Auto Parts Specialist certification
pay.
49.3 An employee whose position requires possession of a Class "A" driver license shall receive
Class "A" certification pay of two hundred fifty dollars ($250) once each fiscal year during
the pay period that includes November 16.
49.3.1 Probationary employees are not eligible for Class "A" certification pay.
49.3.2 Only regular, full -time employees whose position requires possession of a Class
"A" driver license and who possess a Class "A" license in good standing during the
pay period that includes November 16 are eligible for Class "A" certification pay.
ARTICLE 50 - GRIEVANCE - GENERAL
50.1 The dispute resolution procedures set forth in this ARTICLE are intended for use by
ANAHEIM and AMEA as the parties to this MOU. No grievance may be brought under this
ARTICLE unless specifically authorized in writing by AMEA. Nothing herein is intended to
restrict or limit an employee from exercising any right he /she may otherwise possess under
the law, independent of this MOU.
50.2 Any alleged violation of the terms and conditions of this Agreement or any alleged improper
treatment of an employee, or any alleged violation of commonly accepted safety practices
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and procedures brought forward by AMEA shall be considered to be a matter subject to
review through the grievance procedure and settled in accordance with the provisions of
this ARTICLE. ANAHEIM and AMEA may mutually agree that any alleged violation of the
MOU that requires interpretation of the MOU language or a past practice shall first be
submitted to non - binding mediation, prior to any submission to arbitration. This language is
not intended to impede or delay the arbitration process.
50.2.1 ARTICLE 28.5 provides for an accelerated procedure under the provisions of this
ARTICLE when an employee is dismissed.
50.2.2 Disputes related to benefits and procedures provided for under the Workers'
Compensation Laws of California, or which fall within the jurisdiction of the
Workers' Compensation Appeals Board are not subject to the grievance procedure.
50.2.3 Employees' rights to representation in grievance matters under the provisions of
ARTICLE 50.2 above shall be limited in the following manner:
50.2.3.1 No supervisor shall be represented in grievance matters by an
employee whom he or she may supervise.
50.2.3.2 No employee shall be represented in grievance matters by a
supervisor for whom he or she may work.
50.2.4 Performance evaluations of an overall rating of "Valued Contributor" shall not be
subject to review through the grievance process nor through the administrative
review procedure set forth in ARTICLE 50.2.5.
50.2.5 In those instances where discipline is imposed other than salary step reduction,
suspension, demotion, or dismissal, AMEA may submit a written request for a
review of the disciplinary action through an administrative review procedure.
50.2.5.1 Administrative Review Procedure:
The written request must be submitted to the Human Resources
Department within fourteen (14) calendar days after receipt of
notice by the employee of the disciplinary action. The Department
Head under which the discipline was administered shall conduct
an administrative review within fourteen (14) calendar days of
submission of the written request.
The Department Head shall review the disciplinary action and may
affirm, reverse, or modify, as deemed appropriate, the disciplinary
action. The Department Head's determination shall be delivered in
writing within fourteen (14) calendar days after the administrative
review. The Department Head's determination shall be final and
binding.
50.3 The staff officials of ANAHEIM will not recommend any revision or modification to the
grievance procedure without first discussing such recommendations with AMEA.
50.4 Any violation of this MOU as alleged by ANAHEIM shall be resolved between authorized
representatives of ANAHEIM and AMEA. In the event that the parties cannot resolve the
dispute, the dispute shall, upon the request of either ANAHEIM or AMEA, be referred to an
impartial arbitrator for a final and binding decision.
50.5 All expenses of any arbitration shall be borne equally by ANAHEIM and AMEA.
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50.6 Employee grievances submitted by AMEA to ANAHEIM shall be handled in the following
manner:
50.6.1 Step I. An attempt shall be made to adjust all grievances on an informal basis
between the employee, his /her AMEA representative, and a supervisor in the
employee's chain of command, up to and including his /her manager, within seven
(7) working days after the occurrence of the incident involved in the grievance. The
manager shall deliver his /her answer within seven (7) working days after
conducting the Step I meeting.
50.6.1.1 Grievances resulting from the actions of a department other than
an employee's work unit shall be heard by an appropriate
Administrative Manager from that department.
50.6.2 Step II. If the grievance is not adjusted to the satisfaction of AMEA in Step I, it shall
be submitted in writing to the employee's Department Head or Administrative
Manager within seven (7) working days after the Step I answer is received by
AMEA. The Department Head or Administrative Manager shall meet with the
employee and his /her AMEA representative within ten (10) working days after
submission of the grievance to him /her. The Department Head or Administrative
Manager shall review the grievance and may affirm, reverse, or modify, as deemed
appropriate, the disposition made at Step I and the Step II answer shall be
delivered to AMEA within seven (7) working days after said meeting.
50.6.2.1 Grievances resulting from the actions of a department other than
an employee's work unit shall be heard by an appropriate
Department Head or Administrative Manager from that
department.
50.6.3 Step III. If AMEA is not satisfied with the answer to the Step II, it shall be submitted
to an impartial arbitrator for a final and binding decision or, if the City Manager and
AMEA agree, it shall be submitted to the City Manager for a final and binding
decision. Such submission must occur within thirty (30) days after the Step II
answer is received.
50.6.3.1 The parties (ANAHEIM and AMEA) may mutually agree to submit
a grievance to non - binding mediation, prior to submission to
arbitration. This language is not intended to impede or delay the
arbitration process.
50.7 If submitted to the City Manager, the City Manager or his /her assistant shall meet with the
employee and his /her AMEA representative within ten (10) working days after submission
of the grievance to him /her. The City Manager or his /her assistant may affirm, reverse, or
modify as deemed appropriate, the disposition made at Step II.
50.8 The City Manager or his /her assistant shall deliver his /her decision to AMEA within five (5)
working days after said meeting, and such decision shall be final and binding on both
parties.
50.9 In order to proceed to arbitration, either ANAHEIM or AMEA shall serve written notice to the
other party specifying the grievance to be submitted.
50.9.1 Such written notice must be submitted no later than thirty (30) calendar days after
the Step II answer is received by the other party.
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50.9.2 ANAHEIM and AMEA shall thereafter attempt to resolve the issue and select an
impartial arbitrator. If an arbitrator cannot be agreed upon, ANAHEIM and AMEA
shall request a panel from the American Arbitration Association, or any other
mutually agreed upon provider. If ANAHEIM and /or AMEA fail(s) to submit jointly,
or separately, the issue to the agreed upon arbitrator, the American Arbitration
Association or any other mutually agreed upon provider within thirty (30) calendar
days after the written notice to proceed to arbitration is received, then either
ANAHEIM or AMEA may take action to compel arbitration. Failure to take action to
compel arbitration within sixty (60) calendar days after written notice to the other
party specifying the grievance to be submitted will conclusively be deemed
abandonment of the right to compel arbitration.
50.10 The arbitrator's decision shall be final and binding on both ANAHEIM and AMEA, it being
agreed that the arbitrator shall have no powers to add to or subtract from, nor to modify any
of the terms of any MOU between ANAHEIM and AMEA and that the arbitrator's award
shall be consistent with and controlled by this MOU, Ordinances and Charter of the City of
Anaheim, and the laws and Constitution of the State of California.
50.11 The parties will request the arbitrator to render his /her 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.
50.11.1 Any grievance not presented and /or carried forward by AMEA within the time limits
specified in this ARTICLE shall be deemed null and void, provided, however,
AMEA and ANAHEIM may agree to continue said time limits.
50.12 Any adoption, deletion, or revision of ANAHEIM policy as may be suggested or
recommended by any employee or employee organization shall not be considered to be a
matter subject to review through the grievance procedure.
50.13 An employee who has been suspended, demoted, or dismissed may be reinstated to
his /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 his /her former status of
employment, including reinstatement of seniority and accrued fringe benefits. In such
cases, the City Manager may order the payment of back pay to an employee reinstated, by
either the City Manager or an impartial arbitrator, in any amount up to payment for the full
period of time involved. In implementing a Step III award, the City Manager shall order the
payment of back pay to a reinstated employee in the amount provided in the Step III award.
It shall be conclusively presumed that there is no award of back pay to a reinstated
employee unless specifically set forth in the Step III award. Any earnings of the reinstated
employee from other employment during his /her period of suspension shall be deducted
from the amount of back pay awarded.
ARTICLE 51 - INSURANCE — ACTIVE EMPLOYEES
51.1 Health Insurance
ANAHEIM agrees to offer the Kaiser Foundation Health Plan and other prepaid and /or
insured health plans recommended by the Joint Committee on Medical Programs and
approved by the City Council. Health Maintenance Organization (HMO) benefit schedules
shall be standardized to the extent possible, and shall require a ten dollars ($10) co-
payment for outpatient and physician services until January 1, 2007, at which time the co-
payment shall be increased to fifteen dollars ($15).
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51.1.1 ANAHEIM and Employee Contributions
51.1.1.1 Effective 2005, 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
2005 shall equal the percent change in the CPI -W for the year
ending May 2004, plus seventy -five percent (75 %) of the amount
of the health premium increase that exceeds the percent change in
the CPI -W for the year ending May 2004).
51.1.1.2 Employees shall be required to pay any difference between the
total monthly cost of the health plan selected and the ANAHEIM
contribution set forth in ARTICLE 51.1.1.1.
51.1.1.3 Employees who are covered by other health plans may present
proof of such coverage in order to receive one hundred twenty -five
dollars ($125) per month in lieu of health benefits provided herein.
In the event an employee who has elected this option loses health
coverage for any reason, and notifies ANAHEIM of such loss
within five (5) working days, he /she may enroll immediately in any
plan offered by ANAHEIM. Employees may re -elect the "opt -out"
option annually during open enrollment, or may enroll in a City
sponsored health plan.
51.1.1.4 ANAHEIM shall during the term of this MOU pay up to the
contribution rate in effect in 2007: Single, twenty -four dollars and
ninety -nine cents ($24.99); 2 -Party, thirty -eight dollars and ninety -
nine cents ($38.99); and Family, fifty -six dollars and three cents
($56.03) ) towards the monthly premium cost of the plan selected
by the employee.
51.1.2 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 a single enrollment shall pay no
health insurance premium while both spouses are employed by ANAHEIM, or may
alternatively elect the "opt -out" payment provided in ARTICLE 51.1.1.3.
51.1.3 Proof of marriage will be required of all employees enrolled in any City Medical
plan to enroll a dependent spouse. Effective July 1, 2005, ANAHEIM shall provide
health coverage to couples who have filed a Declaration of Domestic Partnership
with the California Secretary of State. ( "Registered Domestic Partners ").
51.1.4 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.
51.1.5 The benefit schedules for the prepaid HMO health plans will not be modified
unilaterally by ANAHEIM, except that each company may, from time to time, make
revisions to master contract language or impose minor benefit modifications.
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51.2 Life Insurance
ANAHEIM agrees to provide fifty thousand dollars ($50,000) of Basic group term life
insurance during the term of this MOU.
Dependent coverage with an insurance volume of ten thousand dollars ($10,000) per
dependent may be added to the life insurance coverage at the option of the employee.
51.2.1 ANAHEIM agrees to provide supplemental term life insurance of up to four
hundred fifty thousand dollars ($450,000) in increments of fifty thousand dollars
($50,000). One hundred percent (100 %) of the cost of the supplemental term life
insurance shall be paid by the employee.
51.2.2 ANAHEIM shall contribute one -half ('/) the cost of the premium for group term life
insurance and dependent coverage. The employee shall contribute the difference
between the ANAHEIM contribution and the total premium cost.
51.2.3 An employee who retires shall receive a paid -up life insurance policy, paid for
wholly by ANAHEIM, with a face value of one hundred dollars ($100) for each
complete year of service and fifty dollars ($50) for more than six (6) months, but
less than a complete year of service up to a maximum of two thousand dollars
($2,000).
51.2.4 Permanent and Total Disability Life Insurance Benefit
51.2.4.1 Employees eligible to retire: Such employee who is permanently
and totally disabled shall receive the following life insurance
benefit:
(a) One hundred dollars ($100) paid up life insurance for each year
of service as provided under the Retired Life Insurance
Program.
(b) Decreasing term life insurance in the amount of the employee's
basic life insurance less the paid up life insurance described
above. Such term life insurance shall decrease by (1/60) of the
adjusted value each month until the face value of such
insurance reaches zero (5 years).
(c) The permanently and totally disabled employee will pay no
premium during the term of this benefit.
51.2.4.2 Employees not eligible to retire shall receive the following life
insurance benefit:
(a) Decreasing term life insurance in the amount of the employee's
basic life insurance. Such term insurance shall decrease by
(1/60) of the original amount each month until the face value
reaches zero (5 years).
(b) The permanently and totally disabled employee shall pay no
premium during the term of this benefit.
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51.3 Long Term Disability Benefits
51.3.1 ANAHEIM agrees to pay for long term disability insurance during the term of this
MOU.
51.3.2 An employee shall not be eligible to receive long term disability benefits until
he /she has completed one (1) year of service.
51.4 Dental Plans
51.4.1 ANAHEIM agrees to continue sponsorship of the fee for service dental plan.
51.4.2 ANAHEIM agrees to continue sponsorship of prepaid dental plans.
51.5 Short Term Disability
51.5.1 ANAHEIM agrees to continue sponsorship of the employee paid short term
disability insurance coverage for presently enrolled employees during the term of
this MOU.
51.5.2 ANAHEIM agrees to provide the existing short term disability plan in accordance
with ARTICLE 39.4. ANAHEIM agrees to pay ANAHEIM's portion of medical,
dental, life, and optical insurance while absent due to illness or injury and while
collecting short term disability benefits.
51.6 Pensions
51.6.1 ANAHEIM agrees to implement procedures to amend the PERS Miscellaneous
Plan for Anaheim City, Employer Number 303 to provide Government Code section
21354.5 ( "2.7 @ 55 ") retirement benefits to be effective on or before December 29,
2005 contingent upon agreement being reached with all bargaining units
representing miscellaneous employees.
51.6.1.1 ANAHEIM and AMEA agree that the incremental cost to implement
Government Code section 21354.5 ( "2.7 @ 55 ") retirement
benefits of 6.4% of employee compensation shall be paid by
employees through a reduction in the City's contribution to post -
retirement medical benefit reserving costs of approximately 3.9%
of employee compensation, and a reduction in general salary
adjustments of 2.5% over the term of this Agreement.
51.6.1.2 ANAHEIM and AMEA agree that the incremental cost to implement
Government Code section 21354.5 ("23 @ 55 ") retirement
benefits shall be the ongoing defined contribution by ANAHEIM.
51.6.1.3 ANAHEIM and AMEA agree that it is the intent of the parties that
any variances in the employer rate attributable to the
implementation of Government Code section 21354.5 ("27 @ 55 ")
retirement benefits shall accrue to the employee. All proportional
costs above the 2005/06 employer rate of 15.063% shall be paid
by the employee. All proportional reductions below the 2005/06
employer rate of 15.063% shall be paid to the employee.
"Proportional costs" and "proportional reductions" mean the ratio
between the unmodified 2005/06 PERS employer rate of 8.626%
and the modified PERS employer rate of 15.063 %; such that
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42.6% of any variance from the 2005/06 PERS employer rate of
15.063% shall accrue to the employee.
51.6.1.4 A rate variance shall be calculated for a fiscal year based upon the
PERS employer rate assessed for PERS Miscellaneous Plan for
Anaheim City, Employer Number 303. If the rate exceeds
15.063 %, employees shall pay the proportional difference in the
form of a biweekly payroll deduction. If the rate is less than
15.063% (to the floor of 8.626 %), employees shall receive the
proportional difference in the form of an addition to the employee's
biweekly pay check. Adjustments to pay under the provisions of
this Section shall be based upon biweekly PERS reportable
compensation.
51.6.1.4 ANAHEIM and AMEA agree to modify ARTICLES 51.6.1.3 and
51.1.6.1.4. Employee contributions to the employer contribution
rate shall be capped at four percent (4 %). Should PERS modify its
reporting for contribution rates, employees shall contribute a total
of twelve percent (12 %) — four percent (4 %) plus eight percent
(8 %).
51.6.2 ANAHEIM shall contribute seven percent (7 %) of the employee contribution for
retirement benefits for employees currently making a seven percent (7 %)
contribution in accordance with the provisions of the contract between ANAHEIM
and PERS.
51.6.2.1 Effective pay period beginning March 27, 2015, ANAHEIM shall
discontinue contributions specified in ARTICLE 51.6.2, and
employees shall contribute eight percent (8 %) of the employee
contribution rate for retirement benefits.
51.6.3 ANAHEIM shall contribute a portion of the cost of employee survivors' benefits in
accordance with the provisions of the above contract.
51.6.4 The contract between PERS and ANAHEIM and all the amendments thereto as it
applies to employees in classifications listed in Appendix "A" shall become a part of
this MOU by reference.
51.6.5 ANAHEIM and AMEA agree that ANAHEIM will amend PERS Miscellaneous Plan
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 2.0% al 62 defined formula (Government Code
section 7522.20(a)), with a final compensation period of three (3) consecutive
years (Government Code section 20037) and the employee paying the full required
member contribution amount equal to eight percent (8 %) of compensation
earnable, plus any additional amount necessary to cause those employees to the
applicable retirement formula, as provided in Government Code sections 7522.30
and 20516.
51.6.6 ANAHEIM and AMEA agree that any provision of ARTICLE 51.6.5, as amended
herein, that are contrary to or inconsistent with the lawful provisions of the
California Public Employees' Pension Reform Act of 2013 shall be modified so as
to cause them to be consistent with those lawful provisions through a LOU that
amends the MOU, as amended herein, and incorporated with the MOU.
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51.7 Deferred Compensation
51.7.1 ANAHEIM and AMEA agree that employees in classifications represented by
AMEA may participate in deferred compensation programs offered by ANAHEIM.
ARTICLE 52 -POST RETIREMENT MEDICAL BENEFITS
52.1 Retired employees who are receiving a post- retirement medical benefit from ANAHEIM on
the date the City Council approves this MOU shall continue to receive such benefit in
accordance with the provisions of the MOU between ANAHEIM and AMEA that was in
effect at the time of their retirement.
52.2 Regular, full -time employees in the classified service in classifications listed in Appendix
"A ", who are enrolled as subscriber in an ANAHEIM sponsored health plan at the time of
separation from ANAHEIM service shall be eligible to participate in any ANAHEIM
sponsored health plan (medical and dental) as a retiree subject to the following terms and
conditions:
52.2.1 The employee must be credited with at least ten (10) years of continuous, full -time
ANAHEIM service on the date of retirement, and
52.2.2 The employee must have been awarded a retirement from PERS as the reason for
separation from ANAHEIM service, and
52.2.3 PERS retirement benefits must commence no later than the first day of the month
following the date of separation from ANAHEIM service, or
52.2.4 The employee must have been awarded a disability retirement (Ordinary or
Industrial) from PERS as the reason for separation from ANAHEIM service.
52.2.5 ANAHEIM shall provide separate contributions toward the premium costs of the
ANAHEIM sponsored medical and /or dental plans elected by the employee
according to the following schedule:
52.2.5.1 For service retirements, the contributions shall be a percentage of
the annual contributions made by ANAHEIM on behalf of active
employees, the percentage equal to one and one -half (1 %) times
the miscellaneous "2% @ 60" PERS retirement schedule to a
maximum contribution of ninety -five percent (95 %) based on the
employee's age and consecutive years of Anaheim service at the
time of retirement. ANAHEIM service and the retiree's age shall be
calculated to the nearest complete one - quarter ( %) year.
52.2.5.2 For disability requirements, 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 (95 %)
based on the employee's consecutive years of Anaheim service
shall be calculated to the nearest complete one quarter (1/4) year.
52.2.5.3 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.
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52.2.5.4 The ANAHEIM contribution shall be based on the Two Party or
Family rate only for those employees who properly enroll a
dependent spouse and /or other family members prior to
retirement, and shall continue only as long as the retiree maintains
coverage for such dependents in ANAHEIM sponsored health
plans. Nothing in this ARTICLE shall prevent a retiree from
properly enrolling new dependents at the retiree's cost.
52.2.5.5 The full value of any Medicare credits provided to ANAHEIM or
Medicare surcharges imposed on ANAHEIM by virtue of a retiree's
participation or non - participation in Medicare shall be passed on to
the retiree in the form of reduced or increased premium costs.
52.2.5.6 The surviving spouse or registered domestic partner of the retiree
may continue coverage under the same terms and conditions
provided that the surviving spouse was properly enrolled at the
time of the employee's retirement and that dependent coverage
was continuously maintained during the employee's retirement.
52.2.6 Employees who retire on or after January 1, 2006 shall be credited with ANAHEIM
service accrued through December 31, 2005 for the purpose of determining
eligibility and benefit levels under the provisions of ARTICLE 52.2 above. No
employee who has less than ten (10) complete years of credited ANAHEIM service
as of December 31, 2005 shall be provided benefits under ARTICLE 52.2 above.
52.2.7 The following provisions shall apply to employees who retire on or after January 1,
2006 and who are receiving post- retirement medical benefits under the provisions
of ARTICLE 52.2:
52.2.7.1 Only ANAHEIM service accrued through December 31, 2005 shall
be credited to the employee in determining ANAHEIM's
percentage contribution towards the premium costs of the plan(s)
elected by the retiree.
52.2.7.2 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.
52.2.8 The following conditions shall apply to all retirees who have post- retirement
medical benefit coverage under this Section:
52.2.8.1 Once canceled for any reason, coverage shall not be reinstated.
52.2.8.2 Coverage shall be canceled for non - payment of fees after three (3)
months in arrears.
52.2.8.3 There shall be coordination of benefits where other insurance
exists.
52.2.8.4 Retirees may change plans and add dependents only during the
annual 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.
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52.3 EMPLOYEES HIRED ON OR AFTER JANUARY 1. 1996
Regular, full -time employees in the classified service in classifications listed in Appendix
"A ", hired on or after January 1, 1996 shall participate in an Integral Part Trust ( "RHS plan ")
designed to provide reimbursement of qualified medical expenses upon retirement or
separation from City service. "Qualified medical expenses" are those expenses authorized
under the provisions of Internal Revenue Code section 213, excepting only those expenses
the parties mutually agree to exclude.
52.3.1 When an employee is hired into a classification represented by AMEA, ANAHEIM
shall make an initial employer contribution of three thousand dollars ($3,000) into
the employee's Retirement Health Savings ( "RHS ") account.
52.3.2 Effective the first pay period of calendar year 2010, and each biweekly pay period
thereafter, the City shall make a contribution to the individual account of each
employee in a classification represented by AMEA who has an established RHS
account of one percent (1 %) of that employee's base biweekly compensation.
52.3.3 Employees shall be fully vested for all ANAHEIM contributions made on their behalf
after five (5) full years of continuous ANAHEIM service.
52.3.4 ANAHEIM and AMEA agree that each employee shall be required to contribute
three percent (3 %) of his /her gross biweekly pay to his /her individual RHS Account.
52.3.5 An employee who separates City service for any reason will be eligible to withdraw
funds for reimbursement of eligible medical expenses without regard to the
employee's age or years of service. Employee premium contributions for employer
provided group health insurance provided by other employers are not an eligible
medical expense.
52.3.6 Employees hired on or after January 1, 1996 who have completed ten (10) years of
consecutive ANAHEIM service, and who are awarded a retirement from PERS as
the reason for separation from ANAHEIM service shall be allowed access to
ANAHEIM sponsored group health plans as a retiree.
52.4 EMPLOYEES HIRED PRIOR TO JANUARY 1, 1996
Regular, full -time employees in the classified service in classifications listed in Appendix
"A ", hired prior to January 1, 1996 shall participate in an Integral Part Trust ( "RHS plan ")
designed to provide reimbursement of qualified medical expenses upon retirement or
separation from City service. "Qualified medical expenses" are those expenses authorized
under the provisions of Internal Revenue Code section 213, excepting only those expenses
the parties mutually agree to exclude.
52.4.1 ANAHEIM and AMEA agree that each eligible employee shall be required to
contribute one percent (1 %) of his /her gross biweekly pay to his /her individual RHS
Account.
52.4.2 An employee who separates City service for any reason will be eligible to withdraw
funds for reimbursement of eligible medical expenses without regard to the
employee's age or years of service. Employee premium contributions for employer
provided group health insurance provided by other employers are not an eligible
medical expense.
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ARTICLE 53 - PHYSICAL EXAMINATIONS
53.1 In order to be eligible for employment with ANAHEIM, candidates shall be required to pass
a physical examination, the character of which shall be in accordance with standards
established by the Human Resources Director.
53.2 In order to be eligible for promotion or transfer to a job class in a category requiring greater
physical qualification than his /her present job class, an employee must pass the
appropriate physical examination.
53.3 An employee who returns to work after an absence in excess of forty -eight (48) consecutive
working hours due to illness or physical incapacity may be required by his /her Department
Head to undergo a physical examination.
53.3.1 An employee who fails to pass a physical examination required under the
provisions of ARTICLE 53.3 may be transferred or demoted to a position requiring
lesser physical qualifications, recommended for disability retirement, or terminated.
53.4 All physical examinations required under the provisions of this ARTICLE shall be performed
by a physician in active practice licensed by California State Law and within the scope of
his /her practice as defined by California State Law.
53.4.1 Exceptions to the provisions of ARTICLE 53.4 may be made only in the case of
out -of -state candidates for employment. In such cases, the physician performing
the examination may be a physician licensed by the state in which the candidate
resides.
53.5 ANAHEIM shall pay for any physical examination required under the provisions of this
ARTICLE.
ARTICLE 54 -JOINT COMMITTEE ON MEDICAL PROGRAMS
54.1 The parties to this Agreement, in recognition of the need to provide an adequate level of
medical care coverage at a reasonable cost to ANAHEIM and its employees hereby agree
to the formation of a committee to analyze current ANAHEIM sponsored medical programs,
review alternative approaches to plan design and providing medical care programs, and
investigate cost containment systems, all for the purpose of achieving adequate low -cost
medical care for the employees of ANAHEIM.
54.2 Serving on the committee with Human Resources Department staff and operating
department management staff will be two (2) members from the Anaheim Municipal
Employees Association (Clerical Employees Unit).
54.3 This committee will meet as often as is necessary during the life of this Agreement and will
report to the Human Resources Director on a periodic basis its findings and
recommendations for changes to ANAHEIM's present medical programs. A report shall be
prepared setting forth specific recommendations as to alternatives, plan design, and cost
containment provisions. The report shall be forwarded to the City Manager for review.
54.4 Because of the complexity of the problem and the diverse interests of the respective
organizations, the parties recognize that it is incumbent upon all members of the committee
to work in a spirit of harmony and cooperation to achieve what should be beneficial to all
concerned.
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ARTICLE 55 - AGENCY SHOP
55.1 ANAHEIM agrees to implement an agency shop in accordance with Government Code
section 3502.5.
ARTICLE 56 - NOTIFICATION OF CONTRACTING OUT
56.1 ANAHEIM agrees to notify AMEA of possible contracting out of City work or services if such
contracting out will have a significant long term impact on work performed by employees in
classifications represented by AMEA.
56.1.1 Such notification will be given before a decision to contract out is made; and
56.1.2 AMEA will have an opportunity to comment prior to a determination by ANAHEIM
to enter into contracting arrangements.
ARTICLE 57 -NO STRIKE
57.1 AMEA agrees that under the terms of this MOU, AMEA and /or its members shall not
conduct any strikes, slowdowns or other work stoppages against ANAHEIM, or to withdraw
from assignments to standby duty during any grievance or dispute which may arise out of
the application or interpretation of the terms or conditions of this MOU or any matter subject
to review through the grievance procedure.
ARTICLE 58 - CONSTRUCTION
58.1 Nothing in this Agreement shall be construed to deny any person or employee the rights
granted by federal and state laws and City Charter provisions. The rights, powers and
authority of the City Council in all matters, including the right to maintain any legal action,
shall not be modified or restricted by this Agreement. The provisions of this Agreement are
not intended to conflict with the provisions of Chapter 10, Division 4, Title 1 of the
Government Code of the State of California (sections 3500, et seq.) as amended in 1982.
ARTICLE 59 - SAVINGS CLAUSE
59.1 The resolution of ANAHEIM shall provide that if any provision of this MOU 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 MOU and the remainder of the resolution shall not be
affected thereby, and shall remain in full force and effect.
45
ARTICLE 60 - DURATION
61.1 The terms of this MOU are to remain in full force and effect until the 4th day of January
2016. Upon adoption of a resolution approving this MOU and the terms hereof by the City
Council of the City of Anaheim, this MOU shall be in full force and effect as of the 5 th day of
January 2014.
STAFF OFFICIALS OF THE CITY OF ANAHEIM,
a Municipal Corporation
By:
:
By:
By:
By:
By:
ANAHEIM MUNICIPAL EMPLOYEES
ASSOCIATION, CLERICAL EMPLOYEES
By:
By:
Dated:
M
By:
APPENDIX "A" - SPECIAL PROVISIONS
A.1 ANAHEIM and AMEA agree that AMEA 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. AMEA may, upon notification, extend the Agreement:
• From January 4, 2016 to July 3, 2016 by so notifying ANAHEIM on or before
January 3, 2016.
A.2 ANAHEIM agrees to establish a payroll deduction for an optional disability benefits plan to
be administered by the AMEA. AMEA agrees that any optional disability plan it will offer
shall conform to applicable state and federal law and regulation, and shall not result in an
integrated income replacement benefit in excess of eighty -five percent (85 %) of an
employee's base pay.
A.3 ANAHEIM shall not charge employees to replace lost or damaged proximity cards.
AA Effective pay period beginning June 20, 2014, employees shall receive a two percent (2 %)
wage increase.
A.5 Effective pay period beginning March 27, 2015, employees shall receive a seven percent
(7 %) wage increase.
A.6 ANAHEIM and AMEA agree to reopen on or after May 1, 2015 to discuss wage increases.
Effective pay period beginning July 3, 2015, ANAHEIM and the AMEA agree that
ANAHEIM shall provide wage increases to all AMEA represented classifications in the
Clerical bargaining unit, based on the compensation study. Such wage increases provided
shall be as follows:
1) Benchmark classifications two percent (2 %) or less below market shall receive a two
percent (2 %) wage increase.
2) Benchmark classifications two and one -tenth percent (2.1 %) to four percent (4 %) below
market shall receive a four percent (4 %) wage increase.
3) Benchmark classifications four and one -tenth percent (4.1%) or more below market
shall receive a six percent (6 %) wage increase.
A.7 ANAHEIM and AMEA agree to reopen regarding ANAHEIM's FLSA audit. Any agreement
shall be written in a LOU that amends the MOU, and incorporated into the MOU.
A.8 ANAHEIM and AMEA agree to reopen regarding ARTICLE 13, specifically AMEA Board
Release Time. Any agreement shall be written in a LOU that amends the MOU, and
incorporated into the MOU.
A.9 At anytime during the term of this Agreement, ANAHEIM and AMEA agree to reopen
ARTICLE 50 — HEALTH INSURANCE, for the sole purpose of conforming with any
changes expressly mandated by the Federal Affordable Healthcare Act,
A.10 ANAHEIM and AMEA agree that the phrase "term of this Agreement" as used in this
Appendix "A" — SPECIAL PROVISIONS includes any extensions that the AMEA may elect
pursuant to paragraph A.1 above.
Cfl
APPENDIX "A" - SALARY RELATIONSHIPS
ACCOUNTING SPECIALIST
Accounting Technician
1.250 x Accounting Specialist
Box Office Specialist
1.100 x Accounting Specialist
Collections Specialist
1.050 x Accounting Specialist
Payroll Specialist
1.100 x Accounting Specialist
Payroll Technician
1.250 x Accounting Specialist
Senior Accounting Specialist
1.100 x Accounting Specialist
Senior Collections Specialist
1.150 x Accounting Specialist
Police Training and Records Coordinator
1.250 x Accounting Specialist
DATA PROCESSING CLERK
Data Entry Operator 1.050 x Data Processing Clerk
Senior Data Entry Manager 1.100 x Data Processing Clerk
OFFICE SPECIALIST II
Booking & Scheduling Specialist
1.250 x Office Specialist II
Clerk
.850 x Office Specialist II
Customer Services Specialist 1
.900 x Office Specialist II
Customer Services Specialist II
1.000 x Office Specialist II
Departmental Records Coordinator
1.200 x Office Specialist II
Guest Services Specialist 1
.900 x Office Specialist II
Guest Services Specialist II
1.000 x Office Specialist II
Housing Loan Processor
1.100 X Office Specialist II
Intermediate Clerk
.950 x Office Specialist II
Library Circulation Specialist
1.106 x Office Specialist II
Library Clerk
.855 x Office Specialist II
Library Customer Services Clerk
.900 x Office Specialist II
Licensing Specialist
1.100 x Office Specialist II
Licensing Supervisor
1.250 x Office Specialist II
Office Specialist 1
.900 x Office Specialist II
Office Supervisor
1.300 x Office Specialist II
Principal Library Clerk
1.150 x Office Specialist II
Principal Office Specialist
1.225 x Office Specialist II
Personnel Specialist
1.225 x Office Specialist II
Senior Clerk
1.100 x Office Specialist II
Senior Guest Services Specialist
1.050 x Office Specialist II
Senior Library Clerk
1.055 x Office Specialist II
Senior Office Specialist
1.175 x Office Specialist II
POLICE DISPATCHER II
Fire Dispatcher 1
.850 x Police Dispatcher II
Fire Dispatcher II
.950 x Police Dispatcher II
Fire Communications Shift Supervisor
1.125 x Police Dispatcher II
Police Communications Operator
.750 x Police Dispatcher II
Police Communications Supervisor
1.250 x Police Dispatcher II
Police Dispatcher 1
.900 x Police Dispatcher II
Senior Police Dispatcher
1.100 x Police Dispatcher II
POLICE RECORDS SPECIALIST II
CLETS /NCIC Specialist 1.250 x Police Records Specialist II
48
Detention Facility Assistant
Police Records Specialist/Matron
Police Records Specialist I
Police Records Supervisor
Senior Police Records Specialist
PROPERTY & EVIDENCE TECHNICIAN
Property & Evidence Supervisor
Senior Property & Evidence Technician
Police Facility Maintenance Coordinator
SENIOR STOREKEEPER
Automotive Parts Specialist
Bookmobile Operator
Parts Supervisor
Storekeeper
Supply Clerk/Driver
Wardrobe Specialist
1.125 x Police Records Specialist II
1.100 x Police Records Specialist II
.900 x Police Records Specialist II
1.350 x Police Records Specialist II
1.200 x Police Records Specialist II
1.150 x Property & Evidence Technician
1.075 x Property & evidence Technician
1.000 x Property & Evidence Technician
.850 x Senior Storekeeper
.850 x Senior Storekeeper
1.250 x Senior Storekeeper
.900 x Senior Storekeeper
.800 x Senior Storekeeper
.800 x Senior Storekeeper
49
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The Anaheim N=icipal Employees Association amd the City of
Anaheim., after zee T g anti conterriM, have reached an
understanding on the wages, hours, and other t erms and
conditions of employment for employers assigned by management•to
work the Stine Plan, as follows:
Awamm . and the Anaheim Munic Employees Association a g ree
that employees may be assigned to,* Nine ;Plan alternate .work
-schedule in order to reduce trips to and from work.. such am
alternate work schedule shall not reduce service to the public.
ANA$m and the Anaheim Municipal Employees Association agree
that the regular work schedule for ampioyees assigned to -=e
wine Flan by management shall be eight (9) cause ($) hour work
days and one ':(I) -eight hour work day in each bi y "Pay
period. such schedule tha.11 be designed and .implemented :by
management. A work period of seven - consecutive <calendar days
shall be assigned to each employee assigned to the mine Plan.
Am employee will be Scheduled -by management to wok a regular
work schedule of forty -hours in each work period.
Emprloyeas who perform atlthox -ized work in exmms of the regular
work day or work. week as defined in the letter of understanding
and who are othervise eligible for overtime pay shall: be
compensated for such work at the rate of one and one half
(3 -1/2) times their regular hourly rate of -pay.
Employees who do not work an the .holiday or _day observed in lien
of the holiday as set north in ik."tic2e 34 of 'the memaorandum of
ruderstanding shall he required to submit a vacation request for
one (1) hour for each baliday zat worked.
Employees eligible `tor bereavement leave as .set forth in AJ - ticle
33 of the Kemorand= of Dnders'r"anding shall . be required to
submit a. vacation request tor one (1) hour for sa h work day of
bereavement leave..
Employees shall have one (I.) hour deducted from 'their acr-rued .
sick leave, vacation, or industrial .A ident leave for each hour
of leave taken. Employees with a regular work day of seine (9)
hours shall have nine (9) hours deducted from their accrued sick
leave, vacation, or industrial accident leave for each regularly
scheduled working day that they are on paid leave. Employees
with :a regular work clay cf eight (8.0) hours Shall have eight
f' .off bo deducted tree their accrued sick .Leave., va=: on,, or
nsdustr'ial &=Id st leave for each regularly scheduled ed working
day that they are = paid leave.
Employees may be asr Igned. to or Ircm the Nine Flan work sschedul.e.
oxsiy ;effective at the begi=in g of a b - aekly M period
.%e Mitre Plan work scNKIule . say c=tinue by mutual agreement at
bath parties -. The Vim Plow < wazt scheme may be revoked. by
either party upoa zati ce to the &tbiar Ply.
BY
BY {r
Dated: .t'°'"'�
BY
A"
090
LET'F' R OF UNDERSTANDING
. :between the
AMAKElkt MUNICIPAL EMPLOYEES ASSOCK nDR. CLERICAL UNIT
*nd
CITY OF AKAtMliul
The Anaheim Municipal Empl yeas Associallan. Clerical: llnit:and the CEty of.Anahriru, after
rn"faraq seed =florrbr l;, have reached an aunderstsndhW :mss the wag4m boum and .other
terms and aondWons dr omplaynaW for Public tfilfiEies Dopartmerd Claricai urn in
the Conservation fit =signed by raaaargsmezxt to works TEN PLAX as foiiorrc
ITN PLAN
ANAHEW :xmd ft Anaheim, Municipal Errtplaayaaa .Assoo� bra, Cieriacal Unit agree that
such ompWyees:maay be assigned to a TEN PLAN . alternato -workschoduis. Such an -alternate
work schodu4s shall rag red=* service to #tee - publll --
ANAHMM calf the Anaheim Municipal Employees Association ate► =that the aequiar work
schedule for employees am*wd to the TEN PLAN .bY.awagammd " :be *19M ill tan (v)
hoover warm dap 'in each bivreaWy,M period.. Such schedule shall be diesWnead -:cad
Implemented by T aarjgemant. A work period of saum consecutive =Ie nda r dap :atali be
,assigned to each loyee assigned :to the TEN PLAX An evriployea :relit be so:iwduled by
amanacgemertf to wanks regular work sciaedaaie oaf :forty bows: in each work : period,
> mphsyeas who perform auathorbrad work In of the and -wok 4ay or work week
at defined in Oft !.after of; linderstandiatn, and -who .sea Z iWrwlst oligibie for an dime
pay steam be compensated for such ?work at .the aWaprlate anrszgM$ aft as sat in
Axtk ie 47 of r Ift ,M&Mayrsntissm of UndeftU %Q.
En4iayeas vhw .do eclat -v ork an ':the holiday or 90ay Observed in deco of the hai&dw ati
Od fatlh in r krfiois Sal ol'the Memorandum of Urdierstsnsling .shalt;be required to subeaii .a
Vacsdlon req>ast fair two.() hQoj3 JW each ho ;euat
Employees allpible far benavernent Mars .ors set fait 'hi .Article .33 of ft #iiemmndum
of Understanding ehafi_be required to submit a vacation reluw:fortwo M hours,for
each work Clay oaf" be"wament::leaw.
Emphoye w artzslt Ism arve ,(t) hour deducted lean their accrued flick `tom, vacxiton,
er industrial accident leave for each hour of iea"sbkAsL Employees vAh.0 MW work
clay al 'tan (Z) hom shag have::ben (tD) hems deducted from flair vocvued sick -leave,
xacarEion, or :industrial actident leave for aaeh ftgUbttly:sc#aedUled worirMy day th t'UWy
are era paid leave.
Empicyses may be assigned to or from the" N PL" work .schedule only efiaefive at the
beginning of a biweekly pay period..
AMEA- clafricid Tart art
PAGE 2.
Ttri TEN PLAN work sdwdW* MW rantir us by mab at spresawnt of both parfiqa. Tho
TEN -PLAN work schadub rtr be :r coked by , afliwr party upon r in*V (90) days ,cwt
#o liar ottw pwty.
STAFF CIFFX ALS OF THE CITY pt
ARAHAP a MunicIpst i arcp 96.on
By
- A MAHMM MUfwiCIPAL EMPL:CfMS
L CIATION, CLEJUCAL UUM
�
t?aied r�J J
&Z24bd1C
low Aff—O)SO so 1 1*11
t I
Q;I
The ..Anah R=jicipal Employe" 3 (MM ),, Clerical Unit,
amd the City -of knabsix, after =fteting and,aonf4M=iA9., have reached
an u an the vages, hours, and other terms and
r_=&itjans of employment for employees assigned by management to
work the Police Communications Twelve Plan, as follcw=
ANA E= -and ANTA agree that employees may be asssicmed to A Police
communications Twelve Plan alternate stork scbedu2e in order to
reduce trips to and from work. Such an alternate wcx--k schedule
shal 1 not reduce service to the public,
ANA33EIM and the Anaheim Munizipal Employees As;sociaticn •agree that
the regular work schedule . for employees assigned to ttie Pal ice
C=n=xxications Twelve plan by m=a 9ement shaZl be six (`fl twelve
(I,Z) hour work days and one (1)'eigbt (8) hour work day in each bi-
weekly pay period- A one-balf (I /Z) hour .rart-paid nema period
, shall be scheduled each work day.. , The schedule rhaU be designed
and implemented by - nmagement. A workparlad. of seven consecutive
calendar days shall be assigned to each employee assigned to the
Police Communications Twelve Plan. Each vmployee will be scheduled
by,zanagement to work a regular work schedule of forty h== in
each work pexicd. Mmployves. maybe ==igned to or from the police
Commu=izations Twelve Plan work schedule only effective at the
beginning of a bi-weekly pay periodL
Mmployeas who perform authorized work in ex=ecs of the. regular work
day or work week as defined in the iiette= of Understanding and who
are otherwise :eligible tar overtime pay shall be compensated for
such work at the rate of one and one-half (1-1/2) time their
reqular hourly rate of pay.
BmpIayees; do not work on the :holiday :or day observed in lieu of
the -holiday as set forth in Article 34 of the Memo=andum of
'Understanding shall be required to submit a - vacation- request for
.four (4) hours for each holiday not wa=ked. Any employ" required
to work an the holiday or day observed in lieu of the holiday shall
receive an additional - twelve (12) hours pay at,his; regular ra��-eorf
pay or .Shall accarue twelve (12) hours holiday 'time per holiday.
Employees eligible for O im:mediate family" bereavement leave in
accordance with Article .33.1 shall bo granted bereavement leave
with pay for up to maximum of thirty-six ('36) working hours..
Employees eligible f or "other family membars" tw—reavement leave in
accordance with A---title. 33-1-1. shall be granted bereavement leave
with pay for up to -a 'maximum of twelve (12) working' hours.
Employees shall have one ( 1) hour deducted from their -accrued -sick
leave, vacation, or industrial accident leave for each hour of
leave taken Employees with a regular work day of tweLlve (�12)
hours shall be tvelve (12') hours: deduc�ted from t eir accrued sick
leave:, vacation, or indurtrial accident leave for each zvxj-dla--Iy
scheduled working day that they a--* on ,paid leave.
The Police communications Twelve Plan work schedule will be stlbject
to a six month trial period beginning December 3, 1991. wing the
tzial period an intensive evaluation will be made of effactivezess,
efficiency, sick leave use., *%rer-"-ime use, exq:jloya safety and
f atigue ,
The Police Co=muniza: TweZve plan work schedule may be revoked
at arty time by either party upon wri--ten,.notice to the other par4q%
Re to a work schedule of ton (10) eight (8 hour shit each
bi-weekly pay period will occur at the beginning of the fi=t pay
period after the notice of revocation has been received_
STAFTIF OFFICIALS O€ .=
CITY OF ALAI -MIM, a - Municipal
Corporation
BY:
AWAREIN NWICIPAL MGWY=S
ASSOC Clerical nit
BY"
BY- By:
Datiedl.
13W—WP5
.LETTER CAF Lit E=AIMING
:EETtr7EII4 TEE
ANA HEIR MUNI CIPAL EMPIDYM ASSOCIATION
CLEMCAI, UnT
'AM TIE
C= OF XNAEM4
The .Anaheiz :Municipal Employees Association .(AEA;) , Clerical
Unit, and the City of Anaheiaa, after :meeting axed c=f:erring, have
reached an understanding on the wage~$„ hours;, and other terms and
conditions of employment for empityees assigned by .managment to
work at the Fire Communications .Center, as follows:
Z77Z,1774 M
AWAH= and AMA agree. 'Chat employees may be :assigned to a
Fire C:o 3;ca6ti:ons. alternate work schedule in order to reduce
trips to and from work. Such an:. alternate 'work: schedule: shall
not r edges - service to the public.
.ANAL F:'.IK ,and the Anaheim .Muni.cipal. Moploye:es Association agree
that the regula Vork schedule far employees assigned to the
Fire Commnnic&tix= 'schedule by management Shaul be five (s)
twelve '(12) hour Wow days and two (2) ten hoar work days in
each Vii- Weakly pay period. The sch+edul:e :sal be designed and
implemea s"l :by management,. A wct k period , of seven =msecat ve
ca: endar mays a hal l be :assigned to each employee assigned to
the Fire;:. Cozrmunicataons Twelve Tlan. Each .employee Wil.1 be
scheduled by management to work a regular work schedule of
f arty hours in each , work :period l zpl oyees may submit a
request to trade shafts wi'tkh:i:n the seven consemrtive
calendar day work: pe:+rlod- All shift - xades shall be scheduled
a nd taken In aceardasnce with the :beast interests of ANAM M and
shall.: not result in any o`rertime or Fair Labor Standards Act
.Premium payment to :either employee. Employees may be assigned
to or frame the Fire COMMurdCatians Twelve .Platt work schedule
or from one work schedule to another only effective at the
beginning of a bi- weekly say period.
Employees who perfarz authorized wozir. in excess of the regular
vowk day or work meek as defined in the Letter of
Understanding and who are otherwise eligible for overtime ,pay
shall be compen ated for such wonk at the rate of one :and one-
half (2 =1j } times their :regular hourly rate of . pay..
The :£:ire Communications Twelve plan work schedule may be
revoked at any time by either parry upon w notice to the
Other .party. Return to a work schedule :of tent (10) eight (9)
hour shifts each bi- weekly pay period will occur at the
beginning of the first pay period sextet the notice o
revocation has been received...
Fire Comm=icsticm Vork Schedule
Page 2.
2 -. 13°FC'!Zt!iTKMOS
The provisions of Article 12 Appairstmertts and Promotions are
waived for appointments made on July 2, 1.944.
For "a period of ten (10) Years from July 1, 1:994 to June 138,
2004, the employees an tk a rare Communications •center shall
retain their. City 'cif Orange Tire Department seniority slate, or
, their City of Anaheim whichever is - earlier for purposes of
layoff and . reass grsmertt. During the same ten year period
employees in the Fire Communications Centex shall he
considered a department for purposes . of applying the
Provisions of -Art cle 23, Reassignment,, Layoff and Re-
employment' Thereafter, the employees its the Fire
Coamtun cati ens Center .shall retain tits City -of Anaheim F] r e
Department seniority as their seniority date.
ANAHEIM and ;AXE& agree 'to continue the meet and confer process
=on =z ng the following issues:
Appe ndix "All images
Article 17 Salary Relationships
Article 'S9 certification Pay
Article 14 Compensation
Article 33 Bereavement Leave
Article 34 Holidays
Article to ilacat4ion
Ax , ti.cle .24 P=obat on
All remaining tees and conditions of e=playment shall be in
accordance with the provisi of the Memorandum of
Understanding between the Anaheim Municipal Employees
Association, Clerical Employees and t#o city of ;,r'aheim
(October S 2.993 through Oc.--rsberr 3, 1.995)
FiZe C=MUniaatiQD3 SJoxk SChedUle
Page 3.
STAFF OMCIAZS OF 'TH£
C=Y OP ABAHM(, a municipal
corporation
BY: 1 j j -
By
BY= By
Hy:. By:
Dated:
'Dated::
LETTER OF UNDERSTANDING
between the
ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, Clerical Unit
and the
CITY OF ANAHEIM
The Anaheim Municipal Employees Association, Clerical Unit (AMEA), and the City of
Anaheim (ANAHEIM) have met and conferred and have reached an agreement to amend Article 23 of
the Memorandum of Understanding between the parties dated January 8, 2010 through July 7, 2011.
23.1 Employment lists, in order of their priority, shall be re- employment lists and eligibility
lists.
23.2 Re- employment lists shall contain the names of regular, full -time employees laid off in
good standing for lack of funds or work.
23.2.1 Names on re- employment lists shall remain for a period not to exceed ene (I
year two (2) years
23.3 Eligibility lists shall be created in accordance with the provisions of ARTICLE 22 —
APPOINTMENTS AND PROMOTIONS.
23.3.1 Eligibility lists may contain the names of one or more persons eligible for
employment.
23.3.2 Open competitive eligibility lists shall remain in effect for a period of one year
or until depleted. Eligibility lists containing less than three (3) names may be
considered depleted. Eligibility lists may be extended by the Human Resources
Director for a period not to exceed one (1) additional year.
23.3.3 Promotional eligibility lists shall remain in effect for a period of Ave (2) years
six (6) months or until depleted.
The amendments to Article 23, Sections 23.2.1 and 23.3.3, shall remain in effect for the term
of the Memorandum of Understanding; including any extensions to the agreement that the Anaheim
Municipal Employees Association, Clerical Unit (AMEA) may elect as outlined in Appendix "A" Special
Provisions of the Memorandum of Understanding.
STAFF OFFICIALS of the CITY OF
ANAHEIM, a Municipal Corporation
By:
am
as
Dated:
ANAHEIM MUNICIPAL EMPLOYEES
LETTER OF UNDERSTANDING between the
ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION and the
CITY OF ANAHEIM
The Anaheim Municipal Employees Association (AMEA), Clerical Unit, and the City of Anaheim
(ANAHEIM) have met and conferred in good faith and reached an agreement as to the method for
determining employee seniority.
The PARTIES agree that in any employment circumstance, e.g. layoffs, shift selection, annual vacation
bidding, etc., where two (2) or more employees have the same seniority, the employee's last name on file
with the Human Resources Department, at the time AMEA representatives are notified of the change in
employment circumstance, shall be used as a tie - breaker using alphabetical order with the employee
whose last name appears in the alphabet first being the tie - breaker. The PARTIES agree to the following
term and conditions:
If an employee has a hyphenated name (e.g. "Doe — Smith "), the first name shall be used (e.g.
"Doe "), and then the second name if necessary.
2. If the employees have the same last name, the employee's first name and then middle name
shall be used.
STAFF OFFICIALS OF THE CITY OF
ANAHEIM, a Municipal Corporation
B �---.
Bv.
FMI
Dated: VA A 3 Dated: /
ANAHEIM MUNICIPAL
EMPLOYEES ASSOCIATION,
Clerical Unit