RES-2014-053 RESOLUTION NO 2014
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, GENERAL 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, General 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, General Unit, and the City of Anaheim, executed by the City
Management Representative and the Anaheim Employees Association, General 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BE IT FURTHER RESOLVED that Resolution 2010 -022 is hereby repealed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
9Z,
MAYOR OF THE CITY OF ANAHEIM
ATTEST: �^ ^
CITY CLERK OF THE CITY OF AN HEIM
MEMORANDUM OF UNDERSTANDING
between the
ANAHEIM MUNICIPAL EMPLOYEES
ASSOCIATION
GENERAL EMPLOYEES
and the
CITY OF ANAHEIM
January 5, 2014 through January 4, 2016
TABLE OF CONTENTS
ARTICLE1 - PREAMBLE ............................................................. ..............................1
ARTICLE 2 - 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
ARTICLE 18 - HOURS OF WORK AND PAY .............................. ..............................8
ARTICLE 19 - TEMPORARY UPGRADE ..................................... ..............................9
ARTICLE 20 - PAYROLL DEDUCTIONS .................................... .............................10
ARTICLE 21 - GENERAL ............................................................ .............................10
ARTICLE 22 - APPOINTMENTS AND PROMOTIONS ............... .............................11
ARTICLE 23 - EMPLOYMENT LISTS ......................................... .............................13
ARTICLE 24 - PROBATION ........................................................ .............................13
ARTICLE 25 - OUTSIDE EMPLOYMENT ................................... .............................14
ARTICLE 26 - SERVICE AWARDS ............................................. .............................14
ARTICLE 27 - TRAINING ............................................................ .............................15
ARTICLE 28 - SALARY STEP REDUCTION, SUSPENSION, DEMOTION,
AND DISMISSAL ................................................... ............................'15
ARTICLE 29 - REASSIGNMENT, LAYOFF AND RE- EMPLOYMENT ..................... 17
ARTICLE 30 - TRANSFER .......................................................... .............................18
ARTICLE 31 - REINSTATEMENT ............................................... .............................18
ARTICLE 32 - VOLUNTARY DEMOTION ................................... .............................19
ARTICLE 33 - BEREAVEMENT LEAVE ...................................... .............................20
ARTICLE 34 - HOLIDAYS ........................................................... .............................20
ARTICLE 35 - INDUSTRIAL ACCIDENT LEAVE ........................ .............................22
ARTICLE 36 - JURY DUTY AND COURT APPEARANCES :...... .............................23
ARTICLE 37 - LEAVE WITHOUT PAY ........................................ .............................23
ARTICLE 38 - MILITARY LEAVE ................................................ .............................24
ARTICLE 39 - SICK LEAVE ........................................................ .............................24
ARTICLE40 - VACATION ........................................................... .............................27
ARTICLE 41 - OVERTIME - GENERAL ..................................... .............................29
ARTICLE 42 - BILINGUAL PAY .................................................. .............................30
ARTICLE 43 - CALL -OUT ........................................................... .............................31
ARTICLE 44 - SHIFT DIFFERENTIALS ...................................... .............................32
ARTICLE 45 - SHORT SHIFT CHANGE ..................................... .............................32
ARTICLE 46 - STANDBY ............................................................ .............................33
ARTICLE 47 - TRAVEL AND MILEAGE EXPENSE .................... .............................33
ARTICLE 48 - MEAL ALLOWANCES .......................................... .............................33
ARTICLE 49 - GRIEVANCE - GENERAL ................................... .............................34
ARTICLE 50 - INSURANCE - ACTIVE EMPLOYEES ................ .............................37
ARTICLE 51 - POST RETIREMENT MEDICAL BENEFITS ........ .............................41
ARTICLE 52 - PHYSICAL EXAMINATIONS ............................... .............................45
ARTICLE 53 - JOINT COMMITTEE ON MEDICAL PROGRAMS ............................45
ARTICLE 54 - AGENCY SHOP ................................................... .............................46
ARTICLE 55 - NOTIFICATION OF CONTRACTING OUT .......... .............................46
ARTICLE56 - NO STRIKE .......................................................... .............................46
ARTICLE 57 - UNIFORMS AND HAND TOOLS ......................... .............................46
ARTICLE 58 - CERTIFICATION PAY .......................................... .............................47
ARTICLE 59 - STATE LICENSING ............................................. .............................52
ARTICLE 60 - SAFETY COMMITTEE ......................................... .............................52
ARTICLE 61 - TRAINING COMMITTEE ...................................... .............................52
ARTICLE 62 - CONSTRUCTION ................................................ .............................53
ARTICLE 63 - SAVINGS CLAUSE .............................................. .............................53
ARTICLE 64 - DURATION .......................................................... .............................54
APPENDIX "A" - SPECIAL PROVISIONS ................................... .............................55
APPENDIX "A" SALARY RELATIONSHIPS ................................ .............................56
LETTERS OF UNDERSTANDING 60
ARTICLE 1 - PREAMBLE
1.1 The wages, hours and conditions of employment that are set forth in this
Memorandum of Understanding (hereinafter "MOU ") have been discussed and
jointly proposed by and between the staff officials of the City of Anaheim (hereinafter
"ANAHEIM ") and Anaheim Municipal Employees Association, General City
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 .56the 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.
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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
betterment of employer - employee relations.
or grievable issues may be discussed by
request.
an open line of communication for the
Any issue not pertaining to grievances
AMEA or ANAHEIM at either party's
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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.
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 Letter of Understanding shall be presented to the City Council, or
its statutory representative, for determination.
ARTICLE 12 - CHECK -OFF
12.1 ANAHEIM agrees to check -off for the payment of the regular monthly AMEA dues
and to deduct such payments from the wages of all AMEA members and employees
when authorized to do so by said members and employees, and remit such
payments to 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 AMEA.
13.1.1 The 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
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meetings, preparation of petitions or grievance material, preparation of
proposals, campaigning for office, conducting elections and distributing
literature, shall not be conducted during working hours.
13.3 In the event that 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 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 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 ", 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 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.
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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.
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 eighth step after completion of six (6) months of service in
the seventh step. They shall be eligible for consideration for merit pay
increases to the ninth step after completion of six (6) months of service in
the eighth 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
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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.
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.
ARTICLE 18 - 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 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'/2 %) 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.
19.4 Bargaining unit employees temporarily upgraded to the management classes of
Library Services Manager shall receive a fifteen percent (15 %) pay differential if
they are assigned to work in the management class a minimum of one (1) complete
work shift.
19.5 Employees in the classification of Police Services Representative II, who are
permanently assigned to the Communications Division of the Anaheim Police
Department, shall receive a one and one -half percent (1 % %) pay differential for all
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time worked while so assigned. Such pay differential shall be in lieu of, and not in
addition to, any upgrade premium payment an employee may be eligible for under
the provisions of ARTICLE 19.1 above.
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.
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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 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 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.
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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 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.
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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 date of appointment and ends twelve (12) months thereafter.
These job classes shall be:
Code Enforcement Officer I
Code Enforcement Officer II.
24.1.2 In the event an employee is assigned to light duty status or is absent from
work due to a lengthy illness or injury during his /her probationary period,
said employee's probationary status may be extended beyond the regular
period of 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 an illness or injury.
24.1.3 Upon successful completion of a probationary period, an employee shall be
granted regular status in the classification in which the probationary period
is served.
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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.
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.
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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.
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
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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 49 —
GRIEVANCE — GENERAL:
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.
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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 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 their former
salary step status when positions in their 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.
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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 Fist 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.
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 ARTICLE 16.4.
32.2 Voluntary demotions as a result of impending layoff shall be in accordance with the
provisions of ARTICLE 29 - REASSIGNMENT, LAYOFF AND RE- EMPLOYMENT.
32.3 An employee may request a voluntary demotion for any reason. Such a voluntary
demotion shall require the approval of the Department Head under whom the
employee will serve and the Human Resources Director. An employee taking such a
voluntary demotion may be placed in any salary step of the appropriate salary
schedule that does not provide an increase in salary. He /she shall be given a new
anniversary date for purposes of merit pay increases in accordance with provisions
of ARTICLE 16.1.
32.3.1 Voluntary demotions in accordance with the Vocational Rehabilitation
Administration Regulation shall be in accordance with the provisions of
ARTICLE 32 — VOLUNTARY DEMOTION.
32.4 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
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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 to attend funeral or memorial services.
33.4 ANAHEIM guarantees that in addition to the above, employees may use all
available sick leave or vacation on the books up to forty (40) hours. If no sick leave
or vacation is on the books, ANAHEIM guarantees the employee the ability to use
leave without pay up to forty (40) hours.
33.5 As used in this ARTICLE, registered domestic partner means that 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:
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.
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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 (1Y2) 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 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.
34.6 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.
34.7 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.
34.8 For employees assigned by management to work the Nine Plan alternate schedule:
34.8.1 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.
34.8.2 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.
34.9 For employees assigned by management to work the Ten Plan alternate schedule:
34.9.1 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
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agree that such additional hours worked shall not be considered overtime
and the employee shall be paid at their regular hourly rate of pay.
34.9.2 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 eligi4le for vacation,
the employee shall be charged two (2) hours of authorized leave without
pay.
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.
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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 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.
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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).
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 work week
of forty (40) hours shall accrue paid sick leave at the rate of three
(3) hours for each complete biweekly pay period.
39.1.2 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 ('/2) 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 — POST
RETIREMENT MEDICAL BENEFITS 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
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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 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.
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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 cause
denial of sick leave with pay.
39.8 In the event that an employee is absent on sick leave in excess of twenty -four (24)
consecutive working hours, the employee's Department Head or Division Head may
require that the employee submit to him /her a written statement by a physician
licensed by the State of California certifying that the employee's condition prevented
him /her from performing the duties of his /her position. Failure on the part of the
employee to comply with such a requirement may be considered 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 ( 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.
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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.
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, 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
27
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 ( % 2) 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 (%) 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.
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.
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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 %2) 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 ( % 2) hour duration shall be
calculated to the nearest one -half ( % 2) hour.
41.1.2 All overtime must be authorized by the appropriate Division Head.
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 (%) 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.
41.3.4 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.
41.3.5 Requests for compensatory time off shall be reviewed and approved in
accordance with ARTICLE 40.2.
tki
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.
41.6 Whenever a developer requests expedited plan checking and agrees to pay the cost
of any overtime entailed in the process, the Plan Check Engineer will be paid
overtime in accordance with ARTICLE 41.1.
41.7 When employees in the following job classes perform overtime work between the
hours of 12:00 midnight and 8:00 a.m., they shall be paid at the rate of two (2) times
their regular rate of pay for each hour worked between the hours of 12:00 midnight
and 8:00 a.m.:
Fleet Supervisor — Welder /Hydraulic
Heavy Equipment Operator - Streets
Laborer
Lead Facility Maintenance Worker
Lead Street Maintenance Worker
Motor Sweeper Operator
Park Maintenance Worker I
Park Maintenance Worker II
Parks Field Supervisor
Public Works Operations Crew Supervisor
Senior Skilled Crafts Worker
Senior Welder — Fabricator
Sewer Machine Operator
Skilled Crafts Worker I Skilled Crafts Worker II
Skilled Crafts Worker Trainee
Street Maintenance Worker II
Traffic Signal Technician I
Traffic Signals Technician II
Traffic Signals Technician III
Vehicle Technician IV
Vehicle Technician V
Welder
41.8 If, after working sixteen (16) consecutive hours or more, employees in the
classifications listed in 41.7 above are released from work by their supervisor, they
shall be paid at their regular rate of pay for up to six (6) regularly scheduled work
hours which fall in such rest period. If required to continue working during such
regularly scheduled work hours, they shall be paid their regular overtime rate (time
and one -half) rather than their regular rate of pay (straight time) for such hours
worked.
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
30
(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.
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 times (1%2) his /her regular rate of pay for
such emergency work, provided however, that all classifications specified
under ARTICLE 41.7 called out between 12:00 midnight and 8:00 a.m. to
support Utility Field Forces during emergencies shall be paid two (2) times
their regular rate of pay for all hours worked between 12:00 midnight and
8:00 a.m.
43.2 A minimum of three (3) hours (including travel time) of pay at the rate of one and
one -half (1'/2) 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.
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43.4 A minimum of two (2) hours pay at the rate of one and one -half (1' /Z) 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.
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 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 %2) 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
32
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, or when an employee is carried over
from a single subpoena from a morning session to an afternoon session for
both a morning and an afternoon session on the same day shall be
guaranteed two (2) additional hours of pay at the employee's regular hourly
rate of pay for each calendar day of such standby duty.
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 rule 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'/2) hours after normal
quitting time and works beyond two and one -half (2 hours after normal
quitting time.
48.1.3 An employee shall be provided 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.
W,
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 - GRIEVANCE — GENERAL
49.1 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.
49.2 Any alleged violation of the terms and conditions of this Agreement or any alleged
improper treatment of an employee, or any alleged violation of commonly accepted
safety practices and procedures brought forward by 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.
49.2.1 ARTICLE 28.5 provides for an accelerated procedure under the provisions
of this ARTICLE when an employee is dismissed.
49.2.2 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.
49.2.3 Employees' rights to representation in grievance matters under the
provisions of ARTICLE 49.2 above shall be limited in the following manner:
49.2.3.1 No supervisor shall be represented in grievance matters by an
employee whom he /she may supervise.
49.2.3.2 No employee shall be represented in grievance matters by a
supervisor for whom he /she may work.
49.2.4 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 49.2.5.
49.2.5 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.
41:11
49.2.5.1 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.
49.3 The staff officials of ANAHEIM will not recommend any revision or modification to
the grievance procedure without first discussing such recommendations with AMEA.
49.4 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.
49.5 All expenses of any arbitration shall be borne equally by ANAHEIM and AMEA.
49.6 Employee grievances submitted by AMEA to ANAHEIM shall be handled in the
following manner:
49.6.1 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.
49.6.1.1 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.
49.6.2 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.
49.6.2.1 Grievances resulting from the actions of a department other than
an employee's work unit shall be heard by an appropriate
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Department Head or Administrative Manager. from that
department.
49.6.3 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.
49.6.3.1 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.
49.7 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.
49.8 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.
49.9 In order to proceed to arbitration, either ANAHEIM or AMEA shall serve written
notice to the other party specifying the grievance to be submitted.
49.9.1 Such written notice must be submitted no later than thirty (30) calendar days
after the Step II answer is received by the other party.
49.9.2 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.
49.10 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 ANAHEM 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.
49.11 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.
49.11.1 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.
49.12 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.
49.13 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 50 - INSURANCE — ACTIVE EMPLOYEES
50.1 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).
50.1.1 ANAHEIM and Employee Contributions
50.1.1.1 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.
50.1.1.2 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 50.1.1.1.
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50.1.1.3 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.
50.1.1.4 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.
50.1.2 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 50.1.1.3.
50.1.3 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 ").
50.1.4 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.
50.1.5 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.
50.2 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.
50.2.1 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.
50.2.2 ANAHEIM shall contribute one -half ( % 2) the cost of the premium for group
term life insurance and dependent coverage. The employee shall contribute
the difference between the ANAHEIM contribution and the total premium
cost.
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50.2.3 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).
50.2.4 Permanent and Total Disability Life Insurance Benefit.
50.2.4.1 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.
50.2.4.2 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.
50.3 Lonq Term Disability Benefits
50.3.1 ANAHEIM agrees to pay for long term disability insurance during the term of
this MOU.
50.3.2 An employee shall not be eligible to receive long term disability benefits until
he /she has completed one (1) year of service.
50.4 Dental Plans
50.4.1 ANAHEIM agrees to continue sponsorship of the fee for service dental plan.
50.4.2 ANAHEIM agrees to continue sponsorship of prepaid dental plans.
50.5 Short Term Disability
50.5.1 ANAHEIM agrees to continue sponsorship of the employee paid short term
disability insurance coverage for presently enrolled employees during the
term of this MOU.
39
50.5.2 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.
50.6 Pensions
50.6.1 ANAHEIM agrees to implement procedures to amend 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.
50.6.1.1 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.
50.6.1.2 ANAHEIM and AMEA agree that the incremental cost to
implement Government Code section 21354.5 ( "2.7 @ 55 ")
retirement benefits shall be the ongoing defined contribution by
ANAHEIM.
50.6.1.3 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 ( "2.7 @
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 42.6% of any variance from the 2005/06
PERS employer rate of 15.063% shall accrue to the employee.
50.6.1.4 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.
50.6.1.5 ANAHEIM and AMEA agree to modify ARTICLES 50.6.1.3 and
50.1.6.1.4. 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
.e
total of twelve percent (12 %) — four percent (4 %) plus eight
percent (8 %).
50.6.2 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 the PERS.
50.6.2.1 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.
50.6.3 ANAHEIM shall contribute a portion of the cost of employee survivors'
benefits in accordance with the provisions of the above contract.
50.6.4 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.
50.6.5 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% A 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.
50.6.6 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.
50.7 Deferred Compensation
50.7.1 ANAHEIM and AMEA agree that employees in classifications represented
by AMEA may participate in deferred compensation programs offered by
ANAHEIM.
ARTICLE 51 - POST RETIREMENT MEDICAL BENEFITS
51.1 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.
41
51.2 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:
51.2.1 The employee must be credited with at least ten (10) years of continuous,
full -time ANAHEIM service on the date of retirement, and
51.2.2 The employee must have been awarded a retirement from PERS as the
reason for separation from ANAHEIM service, and
51.2.3 PERS retirement benefits must commence no later than the first day of the
month following the date of separation from ANAHEIM service, or
51.2.4 The employee must have been awarded a disability retirement (Ordinary or
Industrial) from PERS as the reason for separation from ANAHEIM service.
51.2.5 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:
51.2.5.1 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.
51.2.5.2 For disability retirements, the contribution shall be a percentage
of the annual contributions made by ANAHEIM on behalf of
active employees, the percentage equal to 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 year.
51.2.5.3 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.
51.2.5.4 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.
51.2.5.5 The full value of any Medicare credits provided to ANAHEIM or
WIA
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.
51.2.5.6 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.
51.2.6 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
51.2 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 51.2 above.
51.2.7 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 51.2:
51.2.7.1 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.
51.2.7.2 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.
51.2.8 The following conditions shall apply to all retirees who have post-retirement.
medical benefit coverage under this Section:
51.2.8.1 Once canceled for any reason, coverage shall not be reinstated.
51.2.8.2 Coverage shall be canceled for non - payment of fees after three
(3) months in arrears.
51.2.8.3 There shall be coordination of benefits where other insurance
exists.
51.2.8.4 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.
51.3 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
43
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.
51.3.1 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.
51.3.2 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.
51.3.3 Employees shall be fully vested for all ANAHEIM contributions made on
their behalf after five (5) full years of continuous ANAHEIM service.
51.3.4 ANAHEIM and AMEA agree that each employee shall be required to
contribute three percent (3 0 /6) of his /her gross biweekly pay to his /her
individual RHS Account.
51.3.5 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.
51.3.6 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.
51.4 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.
51.4.2 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.
51.4.3 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.
44
ARTICLE 52 - PHYSICAL EXAMINATIONS
52.1 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.
52.2 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.
52.3 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.
52.3.1 An employee who fails to pass a physical examination required under the
provisions of ARTICLE 52.3 may be transferred or demoted to a position
requiring lesser physical qualifications, recommended for disability
retirement, or terminated.
52.4 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.
52.4.1 Exceptions to the provisions of ARTICLE 52.4 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.
52.5 ANAHEIM shall pay for any physical examination required under the provisions of
this ARTICLE.
ARTICLE 53 - JOINT COMMITTEE ON MEDICAL PROGRAMS
53.1 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.
53.2 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 (General Employees Unit).
53.3 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.
45
53.4 Because of the complexity of the problem and the diverse interests of the respective
organizations, the parties recognize that it is incumbent upon all members of the
committee to work in a spirit of harmony and cooperation to achieve what should be
beneficial to all concerned.
ARTICLE 54 - AGENCY SHOP
54.1 ANAHEIM agrees to implement an agency shop in accordance with Government
Code section 3502.5.
ARTICLE 55 - NOTIFICATION OF CONTRACTING OUT
55.1 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.
55.1.1 Such notification will be given before a decision to contract out is made; and
55.1.2 AMEA will have an opportunity to comment prior to a determination by
ANAHEIM to enter into contracting arrangements.
ARTICLE 56 - NO STRIKE
56.1 The 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 57 - UNIFORMS AND HAND TOOLS
57.1 ANAHEIM agrees to replace hand tools used by the employees of the Fleet
Maintenance Division that are damaged, broken, or worn out in the course of their
employment.
57.2 ANAHEIM reserves the right to establish the minimum quality of tools to be replaced
and to require the broken, damaged, or worn out tool to be turned in for
replacement.
57.3 ANAHEIM agrees to provide coveralls for employees of the Fleet Maintenance
Division of the Maintenance Department.
57.4 Employees in the Street Division, Public Works Department, assigned to the asphalt
group shall be provided clothing allowances as follows:
.R
57.4.1 The clothing allowance will be paid once a year to those employees
assigned to the asphalt crew on the date the clothing allowances are paid.
57.4.2 The annual clothing allowance shall be three hundred fifty dollars ($350).
57.4.3 Probationary employees are not eligible for clothing allowances.
57.4.4 Only regular, full -time employees are eligible for clothing allowance.
57.5 ANAHEIM agrees to provide six (6) orange shirts initially and six (6) annually
thereafter for Streets and Sanitation employees of the Public Works Department,
such shirts to be laundered and maintained by employees. Asphalt crew employees
will be required to wear these shirts while at work.
57.6 ANAHEIM will provide uniform shirts to field personnel in the Building Division, and
to Field Engineering employees in the Public Works Department. Employees will be
required to wear the shirts at all times. Employees will be responsible for the care
and laundering of the shirts; ANAHEIM will provide a reasonable number of
replacement shirts as needed.
ARTICLE 58 - CERTIFICATION PAY
58.1 Employees in the following job classes shall receive mechanic certification pay for
each successfully completed exam necessary for, or for possession of, a Master
Certification(s), as a Master Automobile Technician or Master Heavy -Duty Truck
Technician by the National Institute for Automotive Service Excellence:
Fleet Supervisor
Motorcycle Technician
Vehicle Technician III
Vehicle Technician IV
58.1.1 Mechanic certification pay will be paid once each fiscal year during the pay
period that includes November 16. Upon an employee's initial certification,
the employee will be eligible for mechanic certification pay for that fiscal
year immediately upon submission of verification. Eligibility for annual
certification pay will continue only if the employee is re- certified as provided
by the National Institute for Automotive Service Excellence.
58.1.2 Mechanic certification pay shall be in the amount of two hundred dollars
($200) for each successfully completed exam, with an annual maximum of
two thousand dollars ($2,000) per Master Certification for Auto /Light Truck
Series or Medium Heavy -Duty Truck Series. Employees shall receive an
additional two hundred dollars ($200) for each successfully completed exam
for a second Master Certification in either Auto /Light Truck Series or
Medium Heavy -Duty Truck Series up to a maximum of four thousand dollars
($4,000) for a dual Master Certification in both the Auto /Light Truck and
Medium Heavy -Duty Truck Series. In no event shall any employee who is
entitled to certification pay under the provisions of this paragraph receive
more than four thousand dollars ($4,000) annually.
58.1.3 Probationary employees are not eligible for mechanic certification pay.
58.1.4 Only regular, full -time employees are eligible for mechanic certification pay.
47
58.2 Employees in the following job classes shall receive inspection certification pay
upon certification as a Combination Inspector (Electrical Inspector, Plumbing
Inspector, Building Inspector or Mechanical Inspector) by the International
Conference of Building Officials:
Building Inspector I
Building Inspector II
Building Inspector III
Building Inspection Supervisor
58.2.1 Inspection certification pay will be paid once each fiscal year during the pay
period that includes November 16. Upon an employee's initial certification,
the employee will be eligible for inspection certification pay for that fiscal
year immediately upon submission of verification. Eligibility for annual
certification pay will continue only if the employee is re- certified as provided
by the International Code Council (ICC), or equivalent recognized state or
national professional association.
58.2.2 Inspection certification pay shall be one thousand dollars ($1,000). There
shall be an additional five hundred dollars ($500) for each additional
specialty certificate to a maximum of four (4).
58.2.3 Inspection certification pay shall be one thousand five hundred dollars
($1,500) for a Combination Inspector Certificate. There shall be an
additional one thousand five hundred dollars ($1,500) for two (2) or more
Combination Inspector certificates. Certification pay under the provisions of
this Section shall be in lieu of any certification pay an employee may eligible
for under ARTICLE 58.2.2 above.
58.2.4 Probationary employees are not eligible for inspection certification pay.
58.2.5 Only regular, full -time employees are eligible for inspection certification pay.
58.2.6 Effective November 8, 2002, employees in classifications listed in ARTICLE
58.2 who maintain certification in good standing as provided by the ICC
shall receive thirty -eight dollars and forty -six cents ($38.46) per pay period
in lieu of the annual one thousand dollars ($1,000) certification pay.
Employees who possess two (2) specialty certifications, or a Combination
Inspector certificate, and who maintain certification in good standing as
provided by the ICC shall receive fifty -seven dollars and sixty -nine cents
($57.69) per pay period in lieu of the annual one thousand five hundred
dollars ($1,500) certification pay. Employees who possess three (3)
specialty certifications, and who maintain certification in good standing as
provided by the ICC shall receive seventy -six dollars and ninety -two cents
.($76.92) per pay period in lieu of the annual two thousand dollars ($2,000)
certification pay. Employees who possess four (4) or more specialty
certifications, and who maintain certification in good standing as provided by
the ICC shall receive ninety -six dollars and fifteen cents ($96.15) per pay
period in lieu of the annual two thousand five hundred dollars ($2,500)
certification pay. Employees who possess two (2) or more Combination
Inspector certifications, and who maintain certification in good standing as
provided by the ICC shall receive one hundred fifteen dollars and thirty -eight
cents ($115.38) per pay period in lieu of the annual three thousand dollars
($3,000) certification pay.
58.3 Employees in the following job classes shall receive plan checking or fire inspector
certification pay upon certification as Plans Examiner or Uniform Fire Code
Inspector by the International Conference of Building Officials:
Fire Inspector I
Fire Inspector II
Fire Safety Specialist I
Fire Safety Specialist II
Plan Checker II
Senior Fire Safety Specialist
58.3.1 Plan checking or fire inspector certification pay will be paid once each fiscal
year during the pay period that includes November 16. Upon an employee's
initial certification, the employee will be eligible for plan checking or fire
inspector certification pay for that fiscal year immediately upon submission
of verification. Eligibility for annual certification pay will continue only if the
employee is re- certified as provided by the International Code Council, or
equivalent recognized state or national professional association.
58.3.2 Plan checking or fire inspector certification pay shall be one thousand
dollars ($1,000). There shall be no additional compensation for multiple
certifications. A maximum of one thousand dollars ($1,000) certification pay
is paid each fiscal year if an employee is eligible for both inspection
certification pay and plan checking certification pay.
58.3.3 Probationary employees are not eligible for plan checking or fire inspector
certification pay.
58.3.4 Only regular, full -time employees are eligible for plan checking or fire
inspector certification pay.
58.4 Employees in the following job classes shall receive Tree Trimming certification pay
upon certification as a Certified Arborist by the International Society of Arboriculture:
Tree Services Coordinator
58.4.1 Tree trimming certification pay will be paid once each fiscal year during the
pay period that includes November 16. Upon an employee's initial
certification, the employee will be eligible for tree trimming certification pay
for that fiscal year immediately upon submission of verification. Eligibility for
annual certification pay will continue only if the employee is re- certified as
provided by the International Society of Arboriculture.
58.4.2 Tree trimming certification pay shall be five hundred dollars ($500).
58.4.3 Probationary employees are not eligible for tree trimming certification pay.
58.4.4 Only regular, full -time employees are eligible for tree trimming certification
pay.
58.6 Employees in the following job classes shall receive Tree Worker certification pay
upon certification as a Certified Tree Worker by the Western Chapter International
Society of Arboriculture:
Tree Services Coordinator
49
58.6.1 Tree worker certification pay will be paid once each fiscal year during the
pay period that includes November 16. Upon an employer's initial
certification, the employee will be eligible for tree worker certification pay for
that fiscal year immediately upon submission of verification. Eligibility for
annual certification pay will continue only if the employee is re- certified as
provided by the Western Chapter International Society of Arboriculture.
58.6.2 Tree worker certification pay shall be two hundred fifty dollars ($250).
58.6.3 Probationary employees are not eligible for tree worker certification pay.
58.6.4 Only regular, full -time employees are eligible for tree worker certification
pay.
58.7 Employees in the following job classes shall receive Fire Mechanic certification pay
upon Certification as a Fire Mechanic by the California State Fire Marshal:
Fleet Supervisor
Vehicle Technician IV
58.7.1 Fire mechanic certification pay will be paid once each fiscal year during the
pay period that includes November 16. Upon an employee's initial
certification, the employee will be eligible for Fire Mechanic certification pay
for that fiscal year immediately upon submission of verification. Eligibility for
annual certification pay will continue only if the employee is re- certified as
provided by the California State Fire Marshal.
58.7.2 Fire mechanic certification pay shall be two hundred fifty dollars ($250) for
Level I and five hundred dollars ($500) for Level II.
58.7.3 Probationary employees are not eligible for fire mechanic certification pay.
58.7.4 Only regular, full -time employees are eligible for fire mechanic certification
pay.
58.8 Employees in the following job classes shall receive Code Enforcement Officer
certification pay upon obtaining a Police Officer Standards and Training (P.O.S.T.)
certificate of completion in a Code Enforcement Officer training basic course:
Code Enforcement Officer I
Code Enforcement Officer II
Senior Code Enforcement Officer
58.8.1 Code Enforcement Officer certification pay will be paid once each fiscal year
during the pay period that includes November 16. Upon an employee's
initial certification, the employee will be eligible for Code Enforcement
Officer certification pay for that fiscal year immediately upon submission of
verification. Eligibility for annual certification pay will continue only if the
employee is re- certified as provided by P.O.S.T.
58.8.2 Code Enforcement Officer certification pay shall be five hundred dollars
($500) for Basic P.O.S.T. Certificate and shall be one thousand dollars
($1,000) for Advanced P.O.S.T. Certificate.
58.8.3 Probationary employees are not eligible for Code Enforcement Officer
certification pay.
50
58.8.4 Only regular, full -time employees are eligible for Code Enforcement Officer
certification pay.
58.9 Employees in the following job classes shall receive Permit Technician Certification
pay for possession of a Permit Technician Certification:
Permit Technician II
58.9.1 Permit Technician certification pay will be paid once each fiscal year during
the pay period that includes November 16. Upon an employee's initial
certification, the employee will be eligible for Permit Technician certification
pay for that fiscal year immediately upon submission of verification.
Eligibility for annual certification pay will continue only as long as the
employee maintains certification in good standing as provided by the
International Code Council, or equivalent recognized state or national
professional association.
58.9.2 Permit Technician certification pay shall be five hundred dollars ($500).
58.9.3 Probationary employees are not eligible for Permit Technician certification
pay.
58.9.4 Only regular, full -time employees are eligible for Permit Technician
certification pay.
58.10 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.
58.10.1 Probationary employees are not eligible for Class "A" certification pay.
58.10.2 Only regular, full -time employees whose positions require 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.
58.11 Employees in the following classifications shall receive Surveyor certification pay
upon certification as a Land Surveyor in Training (LSIT) or a National Society of
Professional Surveyors Level III (NSP III):
Survey Assistant Instruments
Survey Assistant Rod & Chain
Survey Party Chief
Employees in the following classifications shall receive Surveyor certification pay
upon certification as a Land Surveyor (LS):
Survey Assistant Instruments
Survey Party Chief
58.11.1 Surveyor certification .pay shall be five hundred dollars ($500) per year
($19.23 per pay period) for LSIT and NSPS III certification.
58.11.2 Surveyor certification pay shall be fifteen hundred dollars ($1,500) per
year ($57.69 per pay period) for LS certification.
51
58.11.3 Probationary employees are not eligible for the Surveyor certification
pay.
58.11.4 Only regular, full -time employees are eligible for the Surveyor
certification pay.
ARTICLE 59 - STATE LICENSING
59.1 When ANAHEIM determines that the duties of a position require a driver license
other than the class "C" California driver license, then ANAHEIM will provide
employees assigned to such positions (a) training in vehicle operation, (b) a vehicle
to be used in the testing process, (c) payment of any required medical examination,
and (d) payment for the difference in cost between such driver license and a class
"C" driver license.
59.2 In the event ANAHEIM assigns employees duties requiring application of pesticides
for which possession of a state license becomes required by the state or ANAHEIM,
then ANAHEIM shall upon request of AMEA reopen this Agreement and meet and
confer concerning compensation for such required license.
ARTICLE 60 - SAFETY COMMITTEE
60.1 ANAHEIM and AMEA agree that a Safety Committee -will be established in the
following divisions:
Building and Planning /Zoning
Fleet Maintenance
Maintenance Operations
Parks
Water — Field
60.2 ANAHEIM and AMEA agree that one -half ('/2) of the membership of the Safety
Committee in each division shall be employees elected by non - supervisory
employees in that division. The Safety Committee in each division shall be
composed of employees in classifications established by the Department Head.
ARTICLE 61 - TRAINING COMMITTEE
61.1 ANAHEIM and AMEA agree that a Training Committee will be established in the
following departments:
Community Services
Public Works
61.2 ANAHEIM and AMEA agree that one -half (%2) of the membership of the Training
52
Committee in each department shall be employees elected by non - supervisory
employees in that department. The Training Committee in each department shall be
composed of employees in classifications established by the Department Head.
ARTICLE 62 - CONSTRUCTION
62.1 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 63 - SAVINGS CLAUSE
63.1 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.
53
ARTICLE 64 - DURATION
64.1 The terms of this MOU are to remain in full force and effect until the 4 th day of
January 2016. Upon adoption of a resolution approving this MOU and the terms
hereof by the CitX Council of the City of Anaheim, this MOU shall be in fuA force and
effect as of the 5 day of January 2014.
STAFF OFFICIALS OF THE CITY OF ANAHEIM
a Municipal oration
By:
B:
By:
By:
By:
By:
By:
By:
By:
By:
By:
Dated:
54
ANAHEIM MUNICIPAL EMPLOYEES
ASSOCIATION,GENERAL EMPLOYEES
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 this 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 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 AMEA may
elect pursuant to paragraph A.1 above.
55
APPENDIX "A" SALARY RELATIONSHIPS
ASSISTANT ENGINEER - A
ASSISTANT PLANNER
Park Planning Assistant
Planning Aide
Tree Services Specialist
Tree Services Coordinator
1.000 x Assistant Planner
.850 x Assistant Planner
.765 x Assistant Planner
.910 x Assistant Planner
BUILDING INSPECTOR II
Building Inspection Supervisor
Building Inspector I
Building Inspector III
Housing Rehabilitation Counselor I
Housing Rehabilitation Counselor II
Senior Housing Rehabilitation Counselor
PERMIT TECHNICIAN II
Permit Technician I
Plan Check Coordinator I
Plan Check Coordinator II
CODE ENFORCEMENT OFFICER II
Code Enforcement Officer I
Senior Code Enforcement Officer
CONSTRUCTION INSPECTOR II
Construction Inspector I
Cross Connection Control Specialist I
Cross Connection Control Specialist II
Senior Construction Inspector
SERVICE LEAD WORKER
Housekeeping Supervisor
Service Shift Supervisor
FIRE INSPECTOR II
Fire Inspector I
Hazardous Materials Specialist I
Hazardous Materials Specialist II
HELICOPTER MECHANIC
Helicopter Mechanic Trainee
Senior Helicopter Mechanic
Helicopter Mechanic Supervisor
HOUSING SPECIALIST II
Family Self- Sufficiency Specialist
Housing Counselor I
Housing Counselor 11
Housing Loan Counselor I
Housing Loan Counselor II
Housing Specialist I
1.150 x Building Inspector II
.925 x Building Inspector II
1.050 x Building Inspector II
.850 x Building Inspector II
1.000 x Building Inspector II
1.100 x Building Inspector II
925 x Building Permit Technician II
1.075 x Building Permit Technician II
1.150 x Building Permit Technician II
,085 x Code Enforcement Officer II
1.100 x Code Enforcement Officer 11
.850 x Construction Inspector II
.850 x Construction Inspector II
1.050 x Construction Inspector II
1.100 x Construction Inspector II
1.155 x Service Lead Worker
1.155 x Service Lead Worker
.850 x Fire Inspector II
.950 x Fire Inspector II
1.100 x Fire Inspector II
.850 x Helicopter Mechanic
1.150 x Helicopter Mechanic
1.250 x Helicopter Mechanic
1.050 x Housing Specialist II
1.125 x Housing Specialist II
1.350 x Housing Specialist II
1.125 x Housing Specialist II
1.350 x Housing Specialist II
.900 x Housing Specialist II
56
Occupancy Specialist
.850 x Housing Specialist II
Program Integrity Specialist
1.150 x Housing Specialist II
Relocation Specialist
1.250 x Housing Specialist II
Senior Housing Specialist
1.100 x Housing Specialist II
Senior Program Integrity Specialist
1.250 x Housing Specialist II
Workforce Center Assistant
1.000 x Housing Specialist II
IDENTIFICATION TECHNICIAN II
Criminal Research Specialist
1.075 x Identification Technician II
Forensic Services Supervisor
1.500 x Identification Technician II
Forensic Specialist 1
1.100 x Identification Technician II
Forensic Specialist 11
1.200 x Identification Technician II
Identification Technician 1
.800 x Identification Technician II
Media Production Specialist
1.100 x Identification Technician II
Police Firearms Instructor 1
.875 x Identification Technician II
Police Firearms Instructor II
1.025 x Identification Technician II
Police Investigation Technician
1.250 x Identification Technician II
Senior Police Firearms Instructor
1.125 x Identification Technician 11
Senior Criminal Research Specialist
1.250 x Identification Technician 11
LABORER
LIBRARIAN
Circulation Services Supervisor
1.200 x Librarian
Library Assistant
.900 x Librarian
Library Graphic Artist
1.000 x Librarian
Library Public Access Coordinator
1.250 x Librarian
Library Technician
.800 x Librarian
Principal Librarian
1.200 x Librarian
Reference and Technology Librarian
1.200 x Librarian
Senior Librarian
1.100 x Librarian
MOTOR SWEEPER OPERATOR
PARK MAINTENANCE WORKER I
Landscape Inspector
1.200 x Park Maintenance Worker I
Park Maintenance Worker II
1.075 x Park Maintenance Worker I
Parks Field Coordinator
1.350 x Park Maintenance Worker I
Parks Field Supervisor
1.350 x Park Maintenance Worker I
PLANS EXAMINER II
Fire Safety Specialist 1
.750 x Plans Examiner II
Fire Safety Specialist II
.875 x Plans Examiner II
Plan Checker 1
.800 x Plans Examiner II
Plan Checker II
.875 x Plans Examiner 11
Plans Examiner 1
.950 x Plans Examiner II
Senior Fire Safety Specialist
.975 x Plans Examiner II
POLICE SERVICES REPRESENTATIVE II
Crime Prevention Specialist 1
.850 x Police Services Rep. II
Crime Prevention Specialist 11
1.000 x Police Services Rep. II
Police Services Representative 1
.850 x Police Services Rep. II
Public Education Program Specialist
1.000 x Police Services Rep. II
57
Senior Crime Prevention Specialist 1.125 x Police Services Rep. II
Senior Police Services Representative 1.125 x Police Services Rep. II
Traffic Control Supervisor 1.200 x Police Services Rep. II
Traffic Controller .800 x Police Services Rep. II
SYSTEMS SPECIALIST II
Housing System Specialist 1.111 x Systems Specialist II
Signal System Engineer 1.3335 x Systems Specialist II
Systems Analyst 1.2778 x Systems Specialist II
Systems Specialist 1 .8335 x Systems Specialist II
Voice Communications Network Technician 1 .9445 x Systems Specialist II
Voice Communications Network Technician II 1.111 x Systems Specialist II
REAL PROPERTY SPECIALIST II
Real Property Specialist 1 .850 x Real Property Specialist II
COMMUNITY SERVICES SPECIALIST
Community Services Outreach Worker .850 x Community Services Spec.
Event Services Specialist 1.100 x Community Services Spec.
SECURITY GUARD
Lead Security Guard 1.150 x Security Guard
SENIOR ENGINEERING AIDE
Engineering Aide
.850 x Senior Engineering Aide
GIS Operator 1
1.000 x Senior Engineering Aide
GIS Operator II
1.150 x Senior Engineering Aide
Planning Graphics Technician
.850 x Senior Engineering Aide
Principal Engineering Aide
1.150 x Senior Engineering Aide
Principal Planning Graphics Technician
1.050 x Senior Engineering Aide
Principal Traffic Engineering Aide
1.150 x Senior Engineering Aide
Senior Planning Graphic Technician
1.000 x Senior Engineering Aide
Senior Traffic Engineering Aide
1.000 x Senior Engineering Aide
Traffic Signal Technician 1
.850 x Senior Engineering Aide
Traffic Signal Technician II
1.150 x Senior Engineering Aide
Traffic Signal Technician III
1.275 x Senior Engineering Aide
SENIOR UTILITIES ENGINEERING AIDE
Principal Utilities Engineering Aide
1.150 x Senior Utilities Engineering Aide
Principal Water Engineering Aide
1.150 x Senior Utilities Engineering Aide
Senior Water Engineering Aide
1.000 x Senior Utilities Engineering Aide
Utilities Engineering Aide
.850 x Senior Utilities Engineering Aide
Water Engineering Representative
1.200 x Senior Utilities Engineering Aide
SKILLED CRAFTS WORKER 11
Lead Facilities Maintenance Worker
Maintenance Painter
Senior Skilled Crafts Worker
Senior Welder- Fabricator
Skilled Crafts Worker I
Skilled Crafts Worker Trainee
Welder
1.200 x Skilled Crafts Worker II
1.000 x Skilled Crafts Worker II
1.200 x Skilled Crafts Worker II
1.100 x Skilled Crafts Worker II
.950 x Skilled Crafts Worker II
.800 x Skilled Crafts Worker II
1.000 x Skilled Crafts Worker II
STREET MAINTENANCE WORKER II
Heavy Equipment Operator Streets
1.170 x Street Maintenance Worker II
58
Street Maintenance Worker III
Lead Street Maintenance Worker
Public Works Operations Crew Supervisor
Sewer Machine Operator
SURVEY —TECHNICIAN II
Survey Technician I
Survey Party Chief
VEHICLE TECHNICIAN III
Motorcycle Technician
Fleet Supervisor
Fleet Supervisor — Welder /Hydraulic
Vehicle Technician I
Vehicle Technician II
Vehicle Technician IV
Vehicle Technician V
1.150 x Street Maintenance Worker II
1.381 x Street Maintenance Worker II
1.450 x Street Maintenance Worker II
1.252 x Street Maintenance Worker II
.850 x Survey — Technician II
1.150 x Survey — Technician II
1.025 x Vehicle Technician III
1.200 x Vehicle Technician III
1.250 x Vehicle Technician III
.785 x Vehicle Technician III
.850 x Vehicle Technician III
1.050 x Vehicle Technician III
1.092 x Vehicle Technician III
59
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LETTER OF UNDERSTANDING
between the
ANAHEIM MUNICPAL EMPLOYEES ASSOCIATION, GENERAL EMPLOYEES
and the
CITY OF ANAHEIM
The Anaheim Municipal Employees Association (AMEA), General Employees, and the City of Anaheim (ANAHEIM)
have met and conferred in good faith and reached an understanding on wages and other terms and conditions
of employment for certain employees in classifications represented by the AMEA. The PARTIES agree that
employees in the classification of Skilled Crafts Worker II who are employed at the Anaheim Convention Center
shall be eligible for skill pay under the following terms and conditions:
Individuals employed by the Anaheim Convention Center in the Skilled Crafts Worker II classification shall
be eligible for consideration for skill pay in accordance with the following provisions:
a. The employee is certified by ANAHEIM as possessing two or more journey -level skills and is
demonstrating the requisite skills on regular and continuing basis in the following trades: carpentry,
plumbing, locksmith, sign making, and welding.
b. Level I: Employees who possess two (2) or more of the journey -level skills identified above and who
otherwise meet certification requirements as determined by ANAHEIM shall receive additional
compensation consisting of five percent (5 %) percent of base pay.
c. Level Ii Employees who possess three (3) or more of the journey -level skills identified above, who
otherwise meet certification requirements as determined by ANAHEIM and who have received Level I
pay for at least one (1) year shall receive additional compensation consisting of ten percent (10 %) of
base pay.
d. Probationary employees are not eligible for skill pay.
2. ANAHEIM shall determine qualifications and standards for certification for skill pay, which may include
minimum tenure requirements and basic building familiarity. ANAHEIM agrees to allow AMEA to review and
comment on the proposed qualifications and standards prior to a final determination.
3. The effective date of the skill pay shall be the first day of the pay period following certification by ANAHEIM.
STAFF OFFICIALS of the CITY of ANAHEIM, a
Municipal Corporation
By:
By:
By:
ANAHEIM MUNICPAL EMPLOYEES ASSOCIATION,
General Employees .
Dated: /0 -/0 - - 0 7
LETTER OF UNDERSTANDING
between the
ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, General Unit
and the
CITY OF ANAHEIM
The Anaheim Municipal Employees Association, General Unit (AMEA), and the City of
Anaheim he
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 one-((
yeah 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 A e- Q�
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, General 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: By
By: By
Dated: _�3 ( � \ ( 0
ANAHEIM MUNICIPAL EMPLOYEES
ASSOCIATION. General Unit
LETTER OF UNDERSTANDING
between 'the
ANAHEIM MUNICIPAL EMPLOYEES.AaSSOCIATION GENERAL EMPLOYEES
and'the
CITY OF ANAHEIM
The Anaheit Municipal Employees Association (AMEA),. General Employees, and the City of Anaheim
(ANAHEIM) have met and. conferred in good faith and reached an understanding on wages and other
terms and. conditions of employment for certain employees in classifications represented by the
AMEA. The PARTIES agree. that .emisloyees In classifications represented by the AMEA who are
employed by the Anaheim Fire Department and assigned to arson investigation duties, pertaining to
"cause and origin." determinations, shell be eligible for additional compensation under the following
terms and conditions:
Certification Pau.
a. Employees assigned by the Fire Chief to arson investigation duties shall receive certification
Pay in an amount per pay period egUixmlent to four percent (4 0 /6) of' his /.her base bi- weekly
pay until such time -as the Fire Chief determines the employee possesses the skill level to
fully and successfully conduct "cause and origin" determinations.
b. Employees--determined by the f9re Chief to be fully competent to perform "cause and origin"
determinatons shall receive certificabon pay in an amount. per pay period equivalent to
eight pemeot (.8% ). of his /her base bi -weeld pair. The Chiefs cetfic abon of employee skill
although separate and: apart from the requirements for State. Fire. Marshall Cettiftt on , is
intended to be equivalent:to the: professional experience and educational. requirements
necessary for such certification.
c: Employees shall begin receiving certification pay the first day of the pay period foilowing
assignment by,t he. Fire Chief to arson investigation duties.
.Z 1--
a. An employee who works eighteen (18) hours; in a twenty -four (24) hour period, shall be
eligible for six (6) hours of paid rest at the employee's regular hourly rate of pay, for any
and all hours of rest that fall within the employee's regular work schedule.
b. Employees required to return to work during such rest periods, shall be compensated at
the overtime rate of pay for all time worked. This overtime pay shall be in lieu of, and
not in addition to, the. regular rate of pay. Employees not required by management to
return to work, but who choose to take less than a sik. (6) hour rest period, shall be paid
their regular houiiy rate of pay'for all. regularly scheduled work hours.
c, If an employee requests a rest period because of their physical condition, the Anaheim Fire
Marshall or Anaheim Deputy Fife Chief shall make the determination whether to authorize .
such paid rest:
d, The rest period shall commence at the time the employee goes off -duty:
3. The parties agree that arson investigation is a specialty assignment and, therefore, employees
can be removed from this assignment at thee: discretion of the Fire Chief. Certification pay and
paid rest.periods are discontirrued upon an employee's removal from the arson investigation
assignment
STAFF OFFICIALS of the CITY of
ANAME04 a Municipal Corporation
By
By:
By:
Bq,
ANAHEIM MUNICIPAL EMPLOWES
ASSOCIATION, General Enooyees
L-2
LETTER OF UNDERSTANDING between the
ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION and the
CITY OF ANAHEIM
The Anaheim Municipal Employees Association (AMEA), General 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:
B.
WOU
Dated:
ANAHEIM MUNICIPAL
EMPLOYEES ASSOCIATION,
General Unit
Dated:
�
WA
y