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98-011 RESOLUTION NO. 98R - --.!..L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE CLERICAL EMPLOYEES UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION. WHEREAS, Chapter 1.06 of the Anaheim Municipal Code establishes the employer- employee relations system for the City; and WHEREAS, Section 1.06.100 of Chapter 1.06 requires Memoranda 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 January 21, 1998 between the Anaheim Municipal Employees Association, Clerical Employees Unit and the City of Anaheim is in the best interest of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the Memorandum of Understanding between the Anaheim Municipal Employees Association, Clerical Employees Unit and the City of Anaheim executed by the City Management Representative and the Anaheim Municipal Employees Association on January 21, 1998, as set forth in the document attached hereto and incorporated by reference herein, be and the same is hereby adopted and that the effective date of such Memorandum of Understanding shall be October 4, 1996 through October 12,2000. BE IT FURTHER RESOLVED that Resolution No. 94R-49 is hereby repealed effective October 4, 1996. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th day of January 1998. ATT7.7).'.. ~~~~}/(~. CITY CLERK OF THE CITY OF ANAHEIM APPROVED AS TO FORM: If" - / ~ -r/;< ',. / --~-. ) L~jj {Lt( #-__ !\l!/I L ~~~' !fVCITY ATTORNEY OF THE CITYJOF ANAHEIM F :\DEPT\H R DlST AFFR EP\SF23248 R STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 98R-11 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 27th day of January, 1998, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 98R-11 on the 27th day of January, 1998. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 27th day of January, 1998. ~Jl~}l ~~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, lEONORA N. SOHl, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 98R-11 was duly passed and adopted by the City Council of the City of Anaheim on January 27th, 1998. ~,^-fi~ CITY CLERK OF THE CITY OF ANAHEIM December 3, 1997 CITY of ANAHEIM Last Best and Final Offer to the Anaheim Municipal Employees Association Clerical Employees The City of Anaheim submits the attached comprehensive, last, best and final offer to the, Anaheim Municipal Employees Association, Clerical Employees, (UNION) for its consideration. The City will submit the attached agreement to the Anaheim City Council for determination contingent upon the AMEA Negotiating Committee recommending ratification of said Agreement to its members and contingent upon receipt of notification from the UNION on or before 5:00 p.m., December 18,1997, of the fact that the UNION membership has ratified and accepted this last, best and final offer of the City, The last, best and final offer of the City is deemed withdrawn in its entirety if not ratified on or before 5:00 p.m" December 18, 1997. c: winword\AMEA \negotiations\o frel bf.doc 1/13/98 The City of Anaheim submits the following comprehensive offer: 1, Except as expressly provided for herein, all terms and conditions of the Memorandum of Understanding between UNION and CITY for the period October 8, 1993, through October 3, 1996, are extended through January 4, 2001. 2. CITY and UNION agree to add a new Article, to be numbered ARTICLE 49 (CERTIFICATION PAY), to read as follows: ARTICLE 49 CERTlFICA TlON PA Y 49.1 Employees in the following job classes shall receive emergency medical dispatcher certification pay upon certification as an Emergency Medical Dispatcher by the National Academy of Emergency Medical Dispatch of the United States of America: Fire Communications Shift Supervisor Fire Dispatcher I Fire Dispatcher II 49.11 The effective date of emergency medical dispatcher certification pay shall be the first day of the pay period following verification of eligibility. Upon an employee's initial; certification, the employee will be eligible for emergency medical dispatcher certification pay until his/her certification expires. Eligibility for certification pay will continue only if the employee is periodically recertified as provided by the County of Orange Emergency Medical Services/State of California. 49.12 Emergency medical dispatcher certification pay shall be$...2S1 $.58 per hour, effective the first pay period following City Council approval. Employees employed on July 1, 1994, shall be eligible to receive emergency medical dispatcher certification pay immediately upon verification of eligibility. 49.2 Employees in the following job classes shall receive Auto Parts Specialist certification pay upon certification as a Parts Specialist by the National Institute for Automotive Service Excellence: Automotive Parts Specialist 49.21 Auto parts specialist certification pay will be paid once each fiscal year during the pay period that includes November 16. Upon an employee's initial certification, the employee will be eligible for auto parts specialist certification pay for that fiscal year immediately upon submission of verification. Eligibility for annual certification pay will continue only if the employee is recertified as provided by The National Institute for Automotive Service Excellence. c: winword\AMEA \negoti ations \ofrcl bf.doc 1/13/98 49.22 Auto parts specialist certification pay shall be $500.00 49.23 Probationary employees are not eligible for Auto Parts Specialist certification pay. 49.24 Only full-time regular employees are efgible for Auto Parts Specialist certification pay. 3. CITY and UNION agree to amend Article 11 (DISCUSSION) in accordance with Attachment "A" to this Agreement, incorporated herein in its entirety, 4. CITY and UNION agree to amend Article 17 (SALARY RELATIONSHIPS) in accordance with Attachment "B" to this Agreement, incorporated herein in its entirety, and agree that salary relationship changes resulting from changes in benchmark shall be implemented at the same time as the general wage increase for the associated benchmark class. 5. CITY and UNION agree to amend Article 24 (PROBATION) in accordance with Attachment "C" to this Agreement, incorporated herein in its entirety. 6. CITY and UNION agree to amend Article 27 (TRAINING) in accordance with Attachment "D" to this Agreement, incorporated herein in its entirety. 7. CITY and UNION agree to amend Article 29 (REASSIGNMENT, LAYOFF AND RE- EMPLOYMENT) in accordance with Attachment "E" to this Agreement, incorporated herein in its entirety. 8, CITY and UNION agree to amend Article 42 (BILINGUAL PAY) in accordance with Attachment "F" to this Agreement, incorporated herein in its entirety. 9. CITY and UNION agree to amend Article 49 (GRIEVANCE - GENERAL) in accordance with Attachment "G" to this Agreement, incorporated herein in its entirety, and to renumber it to Article 50. 10. CITY and UNION agree to delete Article 50 (GRIEVANCE PROCEDURE REPRESENTATION) having incorporated it into the amended Article 49, 11. CITY and UNION agree to amend Article 51 (INSURANCE) in accordance with Attachment "H" to this Agreement, incorporated herein in its entirety. 12, CITY and UNION agree to amend Article 52 (POST RETIREMENT MEDICAL BENEFITS) in accordance with Attachment "I" to this Agreement, incorporated herein in its entirety. 13. CITY and UNION agree to delete Article 58 (IMPLEMENTATION OF MEMORANDUM OF UNDERSTANDING) as it is obsolete. 14. CITY and UNION agree to amend Article 61 (DURATION) in accordance with Attachment "J" to this Agreement, incorporated herein in its entirety, and to renumber it to Article 60. c: winword\AMEA \negoti ations\ofrclbfdoc ] /13/98 15. CITY and UNION agree to amend Article 19 (TEMPORARY UPGRADE) in accordance with Attachment "K" to this Agreement, incorporated herein in its entirety, 16. CITY and UNION agree to amend Appendix "A" Wages to reflect a 3% General Wage Adjustment to be March 20, 1998, and to reflect a 3% General Wage Adjustment to be effective December 10, 1999. CITY and UNION agree to further amend Appendix"A" Wages to add the following: LABOR MARKET WAGE EQUITY ISSUES Effective October 1, 1999, ANAHEIM and UNION agree to meet and confer concerning labor market wage equity issues. ANAHEIM and UNION agree that modifications to Appendix "A" Wages effective December 10, 1999, or thereafter shall be recommended only when there is mutual agreement. ANAHEIM and UNION agree that any agreement reached shall be created by Letter of Understanding and submitted to the City Council for determination. 16. CITY and UNION agree the following Articles will remain unchanged except for renumbering as follows: NUMBERED Article 59 Article 60 TITLE Construction Savings Clause RENUMBERED TO Article 58 Article 59 17. CITY and UNION agree that it is in the best interest of the parties to maintain open lines of communication and to work cooperatively and collaboratively to resolve problems and issues. CITY and UNION agree to meet and discuss work rules and practices under the terms of Article 11 (DISCUSSION), during the term of this Agreement with the goal of improving organizational efficiency, effectiveness, customer satisfaction, and cost competitiveness. 18. The provisions of this extension agreement shall be incorporated into a Memorandum of Understanding (October 3, 1996, through January 4, 2001) to be presented to the Anaheim City Council for determination. STAFF OFFICIALS OF THE CITY OF ANAHEIM, a Municipal Corporation ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION GENERAL EMPLOYEES By: By: By: By: By: By: By: By: c :winword\AMEA \negotiations\ofrc Ibf doc 1/13/98 By: By: By: By: Dated: By: By: By: By: Dated: c :winword\AMI:::A \negoti ations\otrcl bfdoc 1/13/98 ATTACHMENT A ARTICLE 11 DISCUSSION 11.1 It is the intent of both parties to maintain an open line of communication for the betterment of employer-employee relations, Any issue not pertaining to grievances or grievable issues may be discussed by AMEA or ANAHEIM at either party's request. 11,2 A party requesting a discussion may orally or in writing notify the other party of the subject to be discussed. Thereafter, a meeting shall be promptly arranged, at which meeting not more than two AMEA members and the business manager or business representative of the AMEA may be present. 11. J D6Irins th8 t8rm gf thii; ~sr8Q~8nt th8 fgllg':.<inS ii;i;618i; ih~1I 128 9ii;~61i;i89 in~I6I9ins, t2b1t ngt limit89 tg: In~8ntivQi; tg r8t~in{R=lgtiv~t8 D8t8ntign Of:fi~8r€ C998 Enf.gr~g~8nt Of:fic8r CQrtifi~~tign prgsr~m€ Pilgt Cgm~8ni;~tgry Ti~8 Pn~sr~R=I Pglic8 ~8rvi~Qi R8~r8i;8nt~tiv8 ;gt2 CI~iiifi~:itign 11.3 The Parties agree to meet and confer in March and Apri/1998 to discuss: Pi/ot Compensatory Time Program/Overtime - General 11.4 If the parties are not able to resolve the issues after three meetings, the issues will be considered dropped, unless both parties agree to meet additional times. 11.5 If the discussion process results in an agreement between the City Management Representative and AMEA to amend this Memorandum of Understanding, such agreement shall be incorporated in a written letter of understanding, signed by the City Management Representative and AMEA representatives. The matters incorporated in the Letter of Understanding shall be presented to the City Council, or its statutory representative, for determination. c :wi nword\AMEA\negotiations\ofrcl bf doc 1/13/98 ATTACHMENT B ARTICLE 17 SALARY RELATIONSHIPS 17.1 ANAHEIM and AMEA agree that wages for all classifications represented by AMEA shall be based on the salary relationships shown below, The wages in "Appendix A" reflect an agreed upon phased implementation plan to these salary relationships. ACCOUNTING SPECIALIST Accounting Technician Box Office Specialist Collections Specialist Collections Supervisor Payroll Specialist Payroll Technician Sr. Accounting Specialist JTP Specialist FIRE DISPA TCHER /I Fire Dispatcher I Fire Communications Shift Supervisor OFFICE SPECIALIST II Booking & Sched Specialist Building Permit Rep Clerk Council Agenda Cggrdinatgr Administrator Customer Services Specialist I Customer Services Specialist II Data Entry Operator Data Entry Supervisor Data Processing Clerk Department/Motor Vehicle Spec Departmental Records Coordinator Guest Services Specialist I Guest Services Specialist II Housing Intake Specialist Housing Loan Processor Intermediate Clerk Library Circulation Specialist Library Clerk Library Tech Serv Specialist Licensing Specialist Licensing Supervisor Office Specialist I Office Supervisor c :winword\AMEA \negotiations\ofrclbf. doc 1113/98 1.250 x Accounting Specialist 1.100 x Accounting Specialist 1.050 x Accounting Specialist 1.250 x Accounting Specialist 1.100 x Accounting Specialist 1.250 x Accounting Specialist 1.100 x Accounting Specialist 1.050 x Accounting Specialist .900 x Fire Dispatcher /I 1.150 x Fire Dispatcher /I 1.250 x Office Specialist II 1.100 x Office Specialist II .850 x Office Specialist II ~ 1.30 x Office Specialist II .900 x Office Specialist II 1.000 x Office Specialist II 1.050 x Office Specialist II 1.200 x Office Specialist II 1.000 x Office Specialist II 1.225 x Office Specialist II 1.200 x Office Specialist II .900 x Office Specialist II 1.000 x Office Specialist II 1,050 x Office Specialist II 1.100 x Office Specialist II .950 x Office Specialist II 1.100 x Office Specialist II .850 x Office Specialist II 1.200 x Office Specialist II 1.100 x Office Specialist II 1.250 x Office Specialist II 4.,.COO .90 x Office Specialist II 1.300 x Office Specialist II ATTACHMENT B page 2 Principal Office Specialist Rii~rii~tign Cliiri~al ~61~~grt ~~vr Recreation Personnel Specialist Senior Clerk Senior Customer Services Spec Senior Data Entry Operator Senior Guest Services Specialist Senior Library Clerk Senior Office Specialist Senior Word Processing Operator ~61~iirviiin€1 Tiilii~hgnii O~iir~tgr Telephone Operator/Recep Word Processing Operator Word Processing Supervisor 1.225 x Office Specialist II 1, ~gO X Of,:fi~ii ~~ii~i~liit II 1,225 x Office Specialist II 1,100 x Office Specialist II 1.050 x Office Specialist II 1 ,100 x Office Specialist II 1.050 x Office Specialist II 1.050 x Office Specialist II 1.175 x Office Specialist II 1.150 x Office Specialist II 1.0aO x Qf;fkii ~~ii~ialiit II .900 x Office Specialist II 1.075 x Office Specialist II 1.350 x Office Specialist II POLICE DISPATCHER II Police Communications Operator Police Communications Supervisor Police Dispatcher I Senior Police Dispatcher .750 x Police Dispatcher II 1.250 x Police Dispatcher II .900 x Police Dispatcher II 1 .100 x Police Dispatcher II POLICE RECORDS SPECIALIST II CLETS/NCIC Specialist Detention Facility Assistant Police Records Spec/Matron Police Records Specialist I Police Records Supervisor Senior Police Records Specialist 1.25 x Police Records Spec. II 1.125 x Police Records Spec. II 1.100 x Police Records Spec. II .900 x Police Records Spec. II 1.350 x Police Records Spec. II 1.200 x Police Records Spec. II PROPERTY & EVIDENCE CLERK Property & Evidence Supervisor Senior Property & Evidence Clerk 1.150 x Property & Evidence Clerk 1.075 x Property & Evidence Clerk SENIOR STOREKEEPER Automotive ~tg~k Cliirk Parts Specialist Bookmobile Operator Storekeeper Supply Clerk/Driver Wardrobe Specialist .850 x Senior Storekeeper .850 x Senior Storekeeper .900 x Senior Storekeeper .800 x Senior Storekeeper .800 x Senior Storekeeper c :winword\AM fA \negotiations\ofrclbf. doc ]113/98 ATTACHMENT C ARTICLE 24 PROBATION 24.1 Employees appointed from eligibility lists, reinstated employees and employees reassigned according to the Vocational Rehabilitation Administrative Regulation shall be subject to a period of probation. The regular period of Probation shall be thirteen (13) complete biweekly pay periods unless otherwise specified for certain designated job classes. 24.11 Certain designated job classes in the classified service shall have a regular period of probation which begins on the date of appointment and ends twenty-six (26) complete bi-weekly pay periods after the date of appointment. These job classes shall be: Police Dispatcher I Fire Communications Shift Supervisor Fire Dispatcher I Fire Dispatcher II 24.12 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 probationary period, said employee's probationary status may be extended beyond the regular period of probation in the amount of one complete biweekly pay period for each complete biweekly pay period assigned to light duty status or lost due to such illness or injury. 24.13 Upon successful completion of a probationary period, an employee shall be granted regular status in the classification in which the probationary period is served. 24.2 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. 24,21 An employee rejected or laid off during the probationary period from a position to which he has been promoted or transferred shall be returned to the classification in which he has regular status unless the reasons for his failure to complete his probationary period would be cause for dismissal. 24.22 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 . c :winword\A MEA \ncgotiations\ofrclbf.doc 1/13/98 ATTACHMENT D 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. 27.11 Reimbursement to employees for costs incurred for formalized training shall be h accordance with regulations established by the City Manager. 27.2 Each employee in a classification listed in Appendix "A " shall be allowed the opportunity to enroll in an ANAHEIM sponsored training course at least once each calendar year. To be approved, courses must be in one of the five (5) critical competency areas identified in the City's 5- Year Training Plan (Interpersonal Communication, Leadership, Computer and Technology, cross-Functional Work and Teams, or Critical Thinking). In the event an employee requests a course that is not included in the City Training Catalog, the Human Resources Director shall determine whether the course curriculum satisfies one or more of the required critical competency areas. c:w inwordlAMEA Inegotiationslofrclbf.doc 1113/98 ATTACHMENT E 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 and th8 :A~~t8d di'Jigion or d8jid:Artr;R8nt. 29.11 An employee whose position has been abolished due to lack of work or lack of funds shall be reassigned by his department head to any position within his division or department in an equivalent or lower job class for which he meets the minimum requirements and has d8jid:Artr;R8nt 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 d~~~rtI'l=l8nt City seniority over other employees in equivalent or lower classes, he may be reassigned by his department head to any vacant position within the department in an equivalent or lower job class, for which he meets the minimum requirements, Employees so reassigned shall be placed in the salary step of the appropriate salary schedule closest to his rate of pay. Employees so reassigned shall be reinstated to his former job class and salary step status when positions in his former job class (within his division or department) become vacant. Such reinstatement shall be on the basis of department seniority. 29.12 Whenever an employee whose position has been abolished cannot be reassigned to a vacant position within his division or department, he shall be reassigned by the City Manager to any vacant position in any other division or department in his job class or in an equivalent or lower job class for which he meets the minimum qualifications for employment. If an employee is reassigned to a vacant position within his job class in any other division or department, he shall retain his 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 may be placed in any ~ salary step of the appropriate salary schedule that does not provide an increase in salary. Employees reassigned to vacant positions in an equivalent or lower job class in any other division or department shall be reinstated to his former job class and salary step status when positions in his former job class (within his former division or department) become vacant. Such reinstatement shall be on the basis of department seniority. 29.2 Whenever an employee whose position has been abolished is not reassigned to any vacant position, he shall be placed on the re-employment list for his job class. Persons on the re-employment list shall be re-employed with his former salary step status when positions in his job class (within the division or department from which they were laid off) become vacant. Re-employment shall be on the basis of department seniority. c :wi nword\AMEA Inegoti alions lofrclbfdoc II 13/98 ATTACHMENT E page 2 29.3 Whenever an employee is reassigned to a vacant position in the same class, an equivalent class, or lower class as herein provided, he shall retain the same anniversary date for purposes of merit pay increases. 29.4 Whenever an employee is reinstated to a vacant position in his former job class, or re-employed as herein provided, he shall be given a new anniversary date for purposes of merit pay increases in accordance with the provisions of Article 16. 29.5 An employee reinstated from the re-employment list shall be considered to have continuous service and may be credited with the amount of accumulated sick leave he had accrued at the time of layoff if he elects to remit to ANAHEIM any payment received under the provisions of Article 39, SICK LEAVE. 29,6 ANAHEIM and the AMEA agree that ANAHEIM will notify the AMEA of layoffs which affect employees represented by the AMEA at the same time or prior to notification of employees. 29.7 The provisions of this Article shall only apply to regular fulHime employees in the classified service. Employees appointed to certain granHunded positions as designated by the City Manager under Article 22.7, and newly hired probationary employees shall be excluded from the provisions of this Article. 2Q.~ f>Je r8:o.€€ignr:n8nt€ er I~yetf€ €h~11 be r:r1:o.d8 "'lnder th8 ~revi€ieng ef thig Articl8 ~rier to Octeb8r 1, 1 gQ4. Er:R~leY8e€ 'I.'erking in th8 cl~g€ific~tisn ef l8:o.d Gelf Ceblrge M~int8n~nC8 \^Jsrk8r ~nd Gelf Ceblr€8 M~int8n~nr;:8 \^jerk8r gh:;lll net b8 cev8r89 by thiE prg\ligien. Thig ~~r:;lgr:;l~h €h~1I net b8 ~ ~:;lrt sf th8 M8r:nsr~n9b1~ ef Und8rgt:;lnding 8~ctiv8 r:Ridnight ~8~t8r:Rb8r ~Q, 1 QQ4. c :winword\AM EA \negotiations\ofrcl bf. doc 1113/98 ATTACHMENT F ARTICLE 42 BILINGUAL PAY 42.1 Employees required to speak, read and/or write in Spanish or other languages, as well as English, and including sign language as part of the regular duties of their position will be compensated at the rate of sixty dollars ($60.00) per pay period in addition to their regular pay. 42,11 The appropriate department head shall designate which positions shall be assigned bilingual duties and which languages shall be eligible for bilingual pay. 42,12 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. 42.13 Bilingual pay eligibility shall continue in accordance with the above provisions during any period of leave with pay. c: winword\AMEA \negotiations\ofrcl bf. doc 1/13/98 ATTACHMENT G ARTICLE SO GRIEVANCE - GENERAL 50.1 The dispute resolution procedures set forth in this Article are intended for use by ANAHEIM and the AMEA as the parties to this Memorandum of Understanding. No grievance may be brought under this Article unless specifically authorized in writing by the AMEA. Nothing herein is intended to restrict or limit any employee from exercising any right he or she may otherwise possess under the law, independent of this Memorandum of Understanding. SO.2 Any alleged violation of the terms and conditions of this agreement or any alleged improper treatment of an employee, or any alleged violation of commonly accepted safety practices and procedures brought forward by the AMEA shall be considered to be a matter subject to review through the grievance procedure and settled in accordance with the provisions of this Article. The p~rties ANAHEIM and the AMEA may mutually agree that any alleged violation of the memorandum of understanding that requires interpretation of the MOU language or a past practice shall first be submitted to non- binding mediation, prior to any submission to arbitration. This language is not intended to impede or delay the arbitration process, SO.21 ARTICLE 28,S provides for an accelerated procedure under the provisions of this Article when an employee is dismissed. SO.22 Disputes related to benefits and procedures provided for under the Workers' Compensation Laws of California, or which fall within the jurisdiction of the Workers' Compensation Appeals Board are not subject to the grievance procedure. 50.23 Employees rights to representation in grievance matters under the provisions of Article 50.2 above shall be limited in the following manner: No supervisor shall be represented in grievance matters by an employee whom he or she may supervise. No employee shall be represented in grievance matters by a supervisor for whom he or she may work. SO.3 The staff officials of ANAHEIM will not recommend any revision or modification to the grievance procedure without first discussing such recommendations with the AMEA. SO,4 Any violation of this Memorandum as alleged by ANAHEIM shall be resolved between authorized representatives of ANAHEIM and the AMEA. In the event that the parties cannot resolve the dispute, the dispute shall, upon the request of eitherANAHEIM or A MEA , be referred to ~ an impartial arbitrator for a final and binding decision. SO.5 All expenses of any arbitration shall be borne equally by ANAHEIM and the AMEA. c :winword\AMEA \negotiations\ofrcl bfdoc 1/13/98 ATTACHMENT G page 2 50.6 Employee grievances submitted by AMEA to ANAHEIM shall be handled in the following manner: 50.61 First Step. An attempt shall be made to adjust all grievances on an informal basis between the employee, ~nd!gr his dlisi9n~tlid his or her AMEA representative, and a supervisor in the employee's chain of command, up to and including hisor her manager, within seven (7) working days after the occurrence of the incident involved in the grievance, The manager shall deliver his or her answer within seven (7) working days after €61Qr:nis€ign gf thli 9riliv~m;1i tg him conducting the Step I meeting. 50.611 Grievances resulting from the actions of a department other than an employee's work unit shall be heard by an appropriate Administrative Manager from that department. 50.62 Second Step. If the grievance is not €~ti€f~ctgrily adjusted4R to the satisfaction of the AMEA in the First Step, it shall be submitted in writing to the employee's department head or Administrative Manager within seven (7) working days after the Step One Adr:Rini€tr~tivg M~n~9Iir'€ answer is received by thli lir:RplgYIiIi ~nd!gr his dlisi9n~tlid rliprli€lint~tivli AMEA. The Executive or Administrative Manager shall meet with the employee ~nd/gr hi€ dli€i!Jr::l~tlid and his or her AMEA representative within ten (10) working days after submission of the grievance to him. The Executive or Administrative Manager shall review the grievance and may affirm, reverse, or modify as~deem,",ed appropriate, the disposition made at the First Step and the Second Step €h~1I dlilivlir hi€ answer shall be delivered to the lir:nplgYIiIi :md!gr hi€ dlisiQn:atlid rliprli€lint:ativli AMEA within seven (7) working days after said meeting, 50.621 Grievances resulting from the actions of a department other than an employee's work unit shall be heard by an appropriate Executive or Administrative Manager from that department. 50.63 Third Step. If the Qrili":ancli is ngt €:ati€bctgrily :adj6l€tlid iF! AMEA is not satisfied with the answer tothe Second Step, it shall be submitted to an impartial arbitrator for a final and binding decision or, if the City Manager and the 1ir.n~lgYIiQ :ang!gr hi€ gQ€i9n~tQg rQ~rQ€QnbtivQ 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 EXQc6ltivIi gr Ad r::Rini€tr:ati'.'1i M~n~Qlir's Second Step answer is received. 50.631 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. c :winword\AMEA \negotiations\ofrcl bf. doc 1113/98 ATTACHMENT G page 3 50.7 If submitted to the City Manager, the City Manager or his assistant shall meet with the employee and his gQ€i!iiln~tQg AMEA representative within ten (10) working days after submission of the grievance to him. The City Manager or his assistant may affirm, reverse, or modify as hQ gQQr:t:l€ deemed appropriate, the disposition made at the Second Step. 50,8 The City Manager or his assistant shall deliver his or her decision to the Qml2lgYQQ ~ngfgr hi€ gQ~i!iiln~tQg rQl2rQ€Qnt~tivQ AMEA within five (5) working days after said meeting, and such decision shall be final and binding on both parties. 50.9 In order to rQ'l6lQ~t proceed to arbitration, either ~ ANAHEIM or AMEA shall serve written notice to the other party specifying the grievance to be submitted. 50.91 Such written notice must be submitted no later than thirty (30) calendar days after the Step Two answer is received by the other party. 50.92 ThQ l2~rtiQ€ 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 fai/(s) to submit jointly, or separately, the issue to the agreed upon arbitrator, the American Arbitration Association or any other mutually agreed upon provider If €61~h '."JrittQn ngtifi~~tign ~rlg €QIQ~tign gf thQ ~rbitr~tgr i€ ngt cgrnl2lQtQg within thirty (30) calendar days after the gQI2~rtmQnt hQ~g'€ :an€'.VQr written notice to proceed to arbitration is received by thQ Qrnl2lgYQQ :angtgr hi€ gQ€i!iiln~tQg ~l2rQ~Qnt~ti\,Q, then either ~ ANAHEIM or AMEA may take action to compel arbitration. Failure to take action to compel arbitration within thirty (]Q) sixty (60) calendar days after written notice to the other party specifying the grievance to be submittedwill conclusively be deemed abandonment of the right to compel arbitration. 50.10 The arbitrator's decision shall be final and binding on both ~:;lrtiQ" ANAHEIM and AMEA, it being agreed that the arbitrator shall have no powers to add to or subtract from, nor to modify any of the terms of any memorandum of understanding between~ ~~rtiQi ANAHEIM and the AMEA and that the arbitrator's award shall be consistent with and controlled by this Memorandum, Ordinances and Charter of the City of Anaheim, and the laws and Constitution of the State of California. 50.11 The arbitrator will be requested by the parties to render his decision in writing as quickly as possible but in no event later than thirty (30) calendar days after the conclusion of the hearings, unless the parties agree otherwise. e :winword\AMEA \negotiations\o trel bfdoe 1/13/98 ATTACHMENT G page 4 50.111 Any grievance not presented and/or carried forward by the8mpl9YQ8 ~ngf9r hi~ g8~iQn~t8g r8pr8~8nt~ti\'8 AMEA within the time limits specified in this Article shall be deemed null and void, provided, however, th8 8r:RpI9:f88 ~ngJgr hi~ g8~iQn~t8g r8pr8~8nt~ti'./8 ~ng th8 AMEA and ANAHEIM r8pr8~8nt~ti\'8 may agree to continue said time limits, 50.12 Any adoption, deletion, or revision of ANAHEIM policy as may be suggested or recommended by any employee or employee organization shall not be considered to be a matter subject to review through the grievance procedure. 50.13 An employee who has been suspended, demoted, or dismissed may be reinstated to his 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 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~n ~rgitr~t9r's a Step 11/ award, the City Manager shall order the payment of back pay to a reinstated employee in the amount provided in the ~rbitr~t9r'i Step 11/ award. It shall be conclusively presumed that there is no award of back pay to a reinstated employee unless specifically set forth in thewritt8n 9rggr 9f thQ City M~ndQ8r Step 11/ award. Any earnings of the reinstated employee from other employment during his period of suspension shall be deducted from the amount of back pay 9rg8r8g by th8 City MdndQ8r awarded. c :winword\AMEA \negotiations\ofrc I b f doc ] /]3/98 AMEA CLERICAL ATTACHMENT H Revised 12/18/97 ARTICLE 51 INSURANCE 51.1 Health Insurance 51,11 ANAHEIM agrees to €~gn€gr offer the City MQ9i~~1 PI~n, Kaiser Foundation Health Plan and other prepaid and/or insured health plans recommended by the Joint Committee on Medical Programs and approved by the City Council. Health Maintenance Organization (HMO) benefit schedules shall be standardized to the extent possible, and shall require a $5 copayment for outpatient and physician services, and for prescription drugs. 51.12 ANAHEIM and Employee Contributions 51.121 ANAHEIM Contributions 51.1211 For all prepaid and/or insured medical plans sponsored by ANAHEIM will pay a monthly amount equal to 100% of the Kaiser monthly rate. 51.1212 For the self funded City Medical Plan, ANAHEIM shall contribute 110% of the monthly Kaiser Rate through December 31, 1996. Employees who are covered by other health plans may present proof of such coverage in order to receive $100 per month in lieu of health benefits provided herein. In the event an employee who has elected this option loses health coverage for any reason, and notifies ANAHEIM of such 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. A~JAHEIM ar::l9 t~i AM~A ~Qrii tg ri gpir::l t~i pmvii:igr:la gf ArticlQ 52,11 Jng 52.12 ng I~h~r th~n A~ril 1, 1 QQ~ \A}ith agmQd 61~gn ~h:mg8€ if ~ny tg 98 8U8cliv8 ;611)' 1, 1 QQ4 thrg6lgh the r8r;:Rain98r gf th8 t8rRl gf thi€ M8r;:Rgran961m. c :winword\AMEA\ne gotiations\ofrcl bf. doc 1113/98 ATTACHMENT H page 2 51.1213 ANAHEIM shall during the term of this Memorandum pay an amount equal to 100% of the current monthly Safeguard rate. In the event the Safeguard Dental Plan is canceled during the term of this agreement, ANAHEIM shall during the remaining term of this agreement pay the rate in effect at the time of cancellation. F"gr the Varig6li dental pl~ng, Af>JAHEIM will d6lrins the term gf thi€ Men:lgr~nd6l1=rl p~y :in ~mg6lnt e'l6l~1 tg 100% gf the r::Jqgnthly 1 Qa4 ~:ifgS6l~rd r~tQ. ~insle F"~r:Rily 11.00 17.10 2<1.99 T'.Jl.lg P~rty 51.122 Employee Contributions 51.1221 Employees who select a prepaid or insured medical plan other than Kaiser shall be required to contribute an amount equal to 100% of the excess amount over the Kaiser monthly rate. Employees who select the self-funded City Medical Plan shall be required to pay the difference between the total cost of the plan and the City contribution schedule established in Article 51.1212. 51.1222 Employees who select a dental plan other than Safeguard will be required to contribute an amount equal to 100% of the excess amount over the 1984 Safeguard monthly rate. 51.13 The ~ Employee Medical Plan shall be described in a booklet which shall become a part of this Memorandum by reference. Ch~nsei: ~~gmr:Reng8d by the .Jgint C9llU11itte9 gn Megic~1 Prgsr~mg ~ng ~pprg\Jeg by the City Cg6ln~il i:h~1I ~lgQ becgme ~ p~rt gf thi€ Mer:Rgr~nd6lr:R by ref8rence. ANAHEIM and the AMEA agree that the Employee Medical Plan shall be replaced by an acceptable alternative plan on or before January 1, 1997. 51.14 For all medical plans, married Anaheim employee couples shall be allowed only one medical plan and only one dental plan to cover all family members, and 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 section 52.1212. 51.15 Proof of marriage will be required of all employees enrolled in any City Medical plan to enroll a dependent spouse. 51.16 The Master contract is between ANAHEIM and the plan administrator shall govern in the event of any disputes over any matter within the provisions of the contract. c. winword\AMEA \negoti ations\ofrclbf doc 1/13/98 ATTACHMENT H page 3 51.17 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. ~ im~9g89 QQn8fit r:Rg9i~k~ti9n r8gbdltg in ~ R19nthlj ~8 im:r8~g8, thQ ~9gtgh~rinQ ~r9\Jigi9ng 9f thig MQr:R9r~n9blm in Q~ct gn thQ 9~tQ thQ fQQ in~rQ~gQ ig Q~~ti\./e gh~1I bQ ~~~liQg t9 thQ nQW ~Qgg. 51,2 Life Insurance 51.21 For Life Insurance ANAHEIM agrees to provide group term life insurance during the term of this Memorandum according to the following schedule: Annual Salary $ 0 - $ 5000 5001 - 10000 10001 - 15000 15001 - 20000 20001 - orabove Volume $ 5000 10000 15000 20000 25000 Dependent coverage with an insurance volume up to $1000 per dependent may be added to the life insurance coverage at the option of the employee, 5' .211 ANAHEIM agrees to provide supplemental term life insurance equal to the amount provided in accordance with Article 51.21. One hundred percent (100%) of the cost of the supplemental term life insurance shall be paid by the employee. 51.22 ANAHEIM shall contribute one-half (1/2) the cost of the premium fO' group term life insurance and dependent coverage. The employee shall contribute the difference between the ANAHEIM contribution and the total premium cost. 51.23 An employee who retires shall receive a paid-up life insurance policy, paid for wholly by ANAHEIM, with a face value of $100.00 for each complete year of service and $50.00 for more than six months, but less than a complete year of service up to a maximum of $2,000.00 51.24 Permanent and Total Disability Life Insurance Benefit. c: winword\AMEA \negotiations\o trcl bf.doc 1/13/98 ATTACHMENT H page 4 51.241 Employees eligible to retire: Such employee who is permanently and totally disabled shall receive the following Life Insurance benefit: (a) $100 paid up life insurance for each year of service as provided under the Retired Life Insurance Program. (b) Decreasing term life insurance in the amount of the employee's Basic Life insurance less the paid up life insurance described above. Such term life insurance shall decrease by 1/60 of the adjusted value each month until the face value of such insurance reaches zero (5 years). (c) The permanently and totally disabled employee will pay no premium during the term of this benefit. 51.242 Employees not eligible to retire: Such employee 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. 51.3 Long Term Disability Benefits 51.31 ANAHEIM agrees to pay for long term disability insurance during the term of this Memorandum. 51.32 An employee shall not be eligible to receive long term disability benefits until he/she has completed one (1) year of service. 51.4 Dental Plans 51.41 ANAHEIM agrees to continue sponsorship of the fee for service dental plan. 51.42 ANAHEIM agrees to continue sponsorship of prepaid dental plans, 51.5 Short Term Disability 51.51 ANAHEIM agrees to continue sponsorship of the employee paid short-term disability insurance coverage for presently enrolled employees during the term of this Memorandum. c :winword\AMEA \negotiations\ofrclbf. doc 1/13/98 ATTACHMENT H page 5 51.52 ANAHEIM agrees to provide the existing Short Term Disability plan in accordance with 39.3. ANAHEIM agrees to pay ANAHEIM'S portion of medical, dental, life, and optical insurance while absent due to illness or injury and while collecting short term disability benefits, 51.6 Pensions 51,61 ANAHEIM agrees to amend its' contract with PERS to provide the following benefits: a) Military Buyback (Government Code Section 20930.3). b) Fourth Level 1959 Survivor Benefits (Government Code Section 21382,5). 51.611 ANAHEIM agrees to implement procedures to amend the PERS Miscellaneous Plan for Anaheim City, Employer Number 303, to reflect a retirement benefit level to be effective July 7, 2000, of 2% at 55 contingent upon agreement being reached /ilFrgr tg th~t "~t8 by March 20, 1998, with all bcrgaining units representing miscellaneous employees. If agreement is not reached by March 20, 1998, with all bargaining units representing miscellaneous employees, ANAHEIM willnot amend the PERS Miscellaneous Plan for Anaheim City, Employer Number 303, to reflect a retirement benefit level to be effective July 7, 2000, of 2% at 55. ANAHEIM will instead implement a 3% General Wage Adjustment to be effective July 7, 2000, for all classifications listed in Appendix "A. " 51.62 ANAHEIM shall contribute 7% (seven percent) of the employee contribution for retirement benefits for employees currently making a 7% (seven percent) contribution and ANAHEIM shall contribute 9% (nine percent) of the employee contribution for retirement benefits for employees currently making a 9% (nine percent) contribution in accordance with the provisions of the contract between ANAHEIM and the Public Employees' Retirement System. 51.63 ANAHEIM shall contribute a portion of the cost of employee survivors' benefits in accordance with the provisions of the above contract. 51.64 The contract between PERS and ANAHEIM and all the amendments there to as it applies to employees in classifications listed in Appendix "A" shall become a part of this Memorandum by reference. c :wi nword\AM EA \negotiations\ofrclbf doc 1113/98 ATTACHMENT I ARTICLE 52 POST RETIREMENT MEDICAL BENEFITS 52.1 Regular, full-time employees in the classified service in classifications listed in Appendix "A", who are enrolled as subscriber in an ANAHEIM sponsored health plan at the time of separation from ANAHEIM service shall be eligible to participate in any ANAHEIM sponsored health (medical benefits only) plan as a retiree. As of January 1, 1995, regular, full-time employees in the classified service in classifications listed in Appendix "A ", who are enrolled as subscriber in an ANAHEIM sponsored dental plan at the time of separation from ANAHEIM service and all retirees who were actively employed on or after January 1, 1988, who are enrolled as a subscriber in any ANAHEIM sponsored health plan shall also be eligible to participate in any ANAHEIM sponsored dental plan as a retiree. 52.11 Employees who retired prior to January 1, 1988, who were eligible for post retirement health benefits at the time of their separation from ANAHEIM service and who maintain continuous membership in good standing shall pay monthly premiums in accordance with the following schedule: Single coverage Two party coverage Family coverage 15.00 monthly 15.00 monthly 45.00 monthly 52.12 The surviving spouse of the retiree may continue coverage under the same terms and conditions, 52.13 Employees who were hired prior to January 1, 1984, and who retire on or after January 1, 1988, and prior to January 1, 1994, and who meet the requirements described below shall be eligible to participate in any ANAHEIM sponsored~ medical and/or dental plan. 52.131 The employees must have completed at least five (5) years of continuous, full time ANAHEIM service on the date of retirement, and 52.132 The employee must have been awarded a retirement from the Public Employees' Retirement System ("PERS") as the reason for separation from ANAHEIM service, and 52,133 PERS retirement benefits must commence no later than the first day of the month following the date of separation from ANAHEIM service. 52.134 ANAHEIM shall contribute towards the premium costs of any ANAHEIM sponsored health plan elected by the employee up to the amount contributed by ANAHEIM towards the cost of the Employee Medical Plan Option I in the year prior to the employee's retirement. c :winword\AM EA \negotiations\ofrclbf. doc 1113/98 ATTACHMENT I page 2 52.135 ANAHEIM shall contribute towards the premium costs of any ANAHEIM sponsored dental plan elected by the employee up to the amount contributed by ANAHEIM towards the cost of the Safeguard Dental Plan in the year prior to the employee's retirement. 52.1 ~6 The surviving spouse of the retiree may continue coverage under the same terms and conditions. 52.14 Employees who retire on or after January 1, 1988, and who meet the requirements described below shall be eligible to participate in any ANAHEIM sponsored health plan. 52,141 The employees must have completed at least ten (10) years of continuous, full time ANAHEIM service on the date of retirement, and 52.142 The employee must have been awarded a retirement from PERS as the reason for separation from ANAHEIM service, and 52.143 PERS retirement benefits must commence no later than the first day of the month following the date of separation from ANAHEIM service, OR 52.144 The employee must have been awarded a discDility retirement (Ordinary or Industrial) from PERS as the reason for separation from ANAHEIM service. 52.145 ANAHEIM shall c9ntrib6lts provide separate contributions towards the premium costs of the ANAHEIM sponsored~ medical and/or dental plans elected by the employee according to the following schedule: 52.1451 For Service Retirements, the contributions shall be a percentage of the annual SilinQIQ 9r T'''J9 P~rty contributions made by ANAHEIM on behalf of active employees, the percentage equal to one and one half (1.5) times the miscellaneous 2% at 60 PERS retirement schedule (Government Code Section 21353), to a maximum contribution of 95% based on the employee's age and consecutive years of Anaheim service at the time of retirement. ANAHEIM service and the retiree's age shall be calculated to the nearest complete one quarter year. 52.1452 For Disability Retirements, the contribution shall be a percentage of the annual ~in~18 sr T'ss P3rty contributions made by ANAHEIM on behalf of active employees, the percentage equal to 2% for each year of service to a maximum contribution of 95% based on the employee's consecutive years of Anaheim service shall be calculated to the nearest complete one quarter year. c :winword\AMEA \negotiations\ofrclbf.doc 1113/98 Attachment I page 3 52.1453 In the event an employee is eligible for both a Service and a Disability Retirement benefit under this Article, the employee shall receive the Service Retirement benefit. 52.1454 The ANAHEIM contribution shall be based on the Two partyor Family rate only for those employees who properly enroll a dependent spouse and/or other family members prior to retirement, and shall continue only as long as the retiree maintains coverage for such dependents in ANAHEIM sponsored health plans. Nothing in this Article shall prevent a retiree from properly enrolling new dependents at the retiree's cost. 52.1455 The full value of any MediCare credits provided to ANAHEIM or MediCare surcharges imposed on ANAHEIM by virtue of a retiree's participation or nonparticipation in MediCare shall be passed on to the retiree in the form of reduced or increased premium costs. 52.1456 The surviving spouse of the retiree may continue coverage under the same terms and conditions provided that the surviving spouse was properly enrolled at the time of the employee's retirement and that dependent coverage was continuously maintained during the employee's retirement. 52.15 Any employee who retires from ANAHEIM service and who is eligible to receive a benefit under this Article may elect any benefit for which they are eligible at the time of retirement. Such election shall be irrevocable. 52.16 The following conditions shall apply to all retirees who have post retirement medical benefit coverage under this Article: 52.161 Once canceled for any reason coverage shall not be reinstated. 52.162 Coverage shall be canceled for non payment of fees after three months in arrears, 52.163 There shall be Coordination of Benefits where other insurance exists, 52.164 Retirees may change plans and add dependents only during the annual open enrollment period, except that the surviving spouse of a retiree may not enroll a new spouse. 52.165 Vision Care benefits provided under the Employee Medical Plan are excluded from benefits for retired employees. c :wi nword\AMEA \negotiations\ofrc I bfdoc 1113/98 ATTACHMENT J ARTICLE 61 DURATION 61.1 The terms of this Memorandum are to remain in full force and effect until the 4th day of January 2001. Upon adoption of a resolution approving this Memorandum and the terms hereof by the City Council of the City of Anaheim, this Memorandum shall be in full force and effect as of the 4th day of October, 1996. c: winword\AMEA \negotiations\ofrclbf.doc ]/13/98 ATTACHMENT K ARTICLE 19 TEMPORARY UPGRADE 19,1 Temporary upgrading shall be defined as the temporary assignment of an employee to work in a job class which is assigned to a salary schedule higher than his regular job class, 19.2 Employees temporarily upgraded to certain job classes shall be compensated at the lowest step in the higher salary schedule that will provide a premium of not less than 4.0% of the employee's regular hourly rate of pay for each hour worked in the higher job class during normal working hours if they are assigned to work in the higher job class for a minimum of (2) hours of each day. Employees temporarily upgraded to job classes during other than normal working hours shall be compensated at the lowest step on the higher salary schedule that will provide an upgrade premium of not less than 4.0% of the employee's regular hourly rate of pay for all time worked in the higher job class. The "E" step in the higher salary schedule shall be the maximum upgrade premium when the "E" step of the higher salary schedule provides an upgrade premium of less than 4,0%. Such job classes shall be designated in Appendix "A" by a "U2" before schedule numbers. 19.21 Employees upgraded to the job classes listed below shall be paid in accordance with paragraph 19.1; provided however that a minimum of one (1) complete work shift must be worked before payment will be made from the first hour. Such job classes shall be designated in Appendix "A" by a "UFS" before schedule numbers. Confidential Positions: Administrative Assistant Claims Assistant Council Administrative Assistant Executive Secretary Office Supervisor - Confidential Planning Commission Aggigtdnt Support Supervisor Principal Office Specialist - Confidential Purchasing Assistant Secretary Senior Clerk - Confidential Senior Office Specialist - Confidential Senior Secretary Appendix "A" positions: Cdghier Collections Supervisor Data Entry Supervisor Department Motor Vehicle Specialist Fire Dispatcher II Office Supervisor Police Communications Supervisor Police Dispatcher II Police Records Supervisor c: winword\AMEA \ncgotiations\ofrclbf. doc 1/13/98 Property and ~61~~ly Evidence Supervisor Principal Office Specialist Senior Accounting Specialist Senior Clerk Senior Data Entry Operator Senior Office Specialist ~'migr T~I~~hgn~ O~~r~tg~iR~~~~tigniit T~I~~hgn~ O~~r~tgr.'R~~~~tigniit ~61~~r\'iigr Word Processing Supervisor 19.22 The following job classes shall be paid an additional Y:z% pay in lieu of upgrade pay. Library Circulation Specialist Library Clerk Library Technical Services Specialist Senior Library Clerk 19.3 Bargaining unit employees temporarily upgraded to a management class designated with a "U" shall receive a 5.0% increase or the minimum rate of the management salary range whichever is higher. 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(f) Q) Q) o.~Q)Q)uu Q)uC..oe2 Q) >-~ 00...0... ~Q.O'-o\:)\:) oa.~rooo U5~~ss~ MEMORANDUM of UNDERSTANDING between the ANAHEIM MUNICIPAL EMPLOYEES ASSOCIA TION CLERICAL EMPLOYEES and the CITY OF ANAHEIM October 4, 1996 through September 28, 2000 TABLE OF CONTENTS PaQe ARTICLE 1 Preamble 1 ARTICLE 2 Purpose 1 ARTICLE 3 AMEA Recognition 1 ARTICLE 4 Scope 2 ARTICLE 5 Management Rights 2 ARTICLE 6 Employee Rights 3 ARTICLE 7 Notification 3 ARTICLE 8 Consultation 3 ARTICLE 9 Meet and Confer 4 ARTICLE 10 Memorandum of Understanding 4 ARTICLE 11 Discussion 4 ARTICLE 12 Check-Off 5 ARTICLE 13 AMEA Organization 5 COMPENSATION AND PAY PROVISIONS ARTICLE 14 Compensation 7 ARTICLE 15 Classification 7 ARTICLE 16 Appropriate Salary Step 8 ARTICLE 17 Salary Relationships 10 ARTICLE 18 Hours of Work and Pay Day 11 ARTICLE 19 Temporary 12 ARTICLE 20 Payroll 14 EMPLOYMENT PROVISIONS ARTICLE 21 General 14 ARTICLE 22 Appointments and Promotions 15 ARTICLE 23 Employment Lists 17 ARTICLE 24 Probation 17 ARTICLE 25 Outside Employment 18 ARTICLE 26 Service Awards 19 ARTICLE 27 Training 19 ARTICLE 28 Salary Step Reduction, Suspension, Demotion & Dismissal 19 ARTICLE 29 Reassignment, Layoff and Re-employment 22 ARTICLE 30 Transfer 23 ARTICLE 31 Reinstatement 23 ARTICLE 32 Voluntary Demotion 24 i AMEA Clerical 1 0/4196 - 912810O LEAVE PROVISIONS Paae ARTICLE 33 Bereavement Leave 25 ARTICLE 34 Holidays 26 ARTICLE 35 Industrial Accident Leave 27 ARTICLE 36 Jury Duty and Court Appearances 28 ARTICLE 37 Leave Without Pay 29 ARTICLE 38 Military Leave 30 ARTICLE 39 Sick Leave 30 ARTICLE 40 Vacation 33 PREMIUM PAY PROVISIONS ARTICLE 41 Overtime - General 35 ARTICLE 42 Bilingual Pay 35 ARTICLE 43 Call-Out 36 ARTICLE 44 Shift Differentials 36 ARTICLE 45 Short Shift Change 37 ARTICLE 46 Stand By 37 ARTICLE 47 Travel and Mileage Expense 38 ARTICLE 48 Meal Allowances 38 ARTICLE 49 Certification Pay 39 GRIEVANCES ARTICLE 50 Grievance - General 40 INSURANCE ARTICLE 51 Insurance 43 ARTICLE 52 Post Retirement Medical Benefits 47 MISCELLANEOUS ARTICLE 53 Physical Examinations 50 ARTICLE 54 Joint Committee on Medical Programs 50 ARTICLE 55 Agency Shop 51 ARTICLE 56 Notification of Contracting Out 51 ARTICLE 57 No Strike 51 ARTICLE 58 Construction 52 ARTICLE 59 Savings Clause 52 ARTICLE 60 Duration 52 ii AMEA Clerical 1 0/4196 - 9/28100 WAGES APPENDIX "A" Wages Labor Market Wage Equity Issues October 4. 1996 through January 8, 1998 January 9, 1998 through December 9. 1999 December 10, 1999 through September 28. 2000 App. 1-1 App. 2-1 App.3-1 App.4-1 ALTERNATE WORK SCHEDULES Nine Plan Ten Plan Police Communications Twelve Plan iii AMEA Clerical 1 0/4196 - 9/28100 ARTICLE 1 PREAMBLE 1.1 The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the staff officials of the City of Anaheim, (hereinafter called "ANAHEIM") and Anaheim Municipal Employees Association, Clerical Employees Unit (hereinafter called "AMEA") and shall apply to all the employees of ANAHEIM working in the classifications set forth in Appendix "A". 1.2 The terms and conditions of employment that are set forth in the Memorandum have been discussed in good faith between the staff officials of ANAHEIM and AMEA. AMEA agrees to recommend acceptance by its members of all of the terms and conditions of employment as set forth herein, and the staff officials of ANAHEIM agree to recommend to the Anaheim City Council that all of the terms and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without any further action by either party. ARTICLE 2 PURPOSE 2.1 The objectives of the parties to this agreement are to promote full communication between ANAHEIM and its employees and to promote the improvement of employer-employee relations within the municipal 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 the AMEA as the bargaining representative for all its members to the fullest extent allowable under California law applying to public employees. As public employees, such employees shall have the right to discuss individual problems of employment with ANAHEIM, provided that upon request of the employee, the AMEA shall be kept fully informed and have the right to be present at all such meetings between ANAHEIM and the individual. 1 AMEA Clerical 10/4196 - 9/28/00 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: 4.11 All elected officials and members of boards and commissions. 4.12 The City Manager, City Attorney, City Treasurer and City Cleric 4.13 Volunteer personnel and personnel appointed to serve without pay. 4.14 Architects, consultants, counsel, and others rendering temporary professional service. 4.15 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, determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of ANAHEIM'S operations; determine the methods, means and personnel by which ANAHEIM'S operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. 2 AMEA Clerical 1 0/4196 - 9/28/00 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 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, 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. 3 AMEA Clerical 1 0/4196 - 9/28/00 ARTICLE 9 MEET AND CONFER 9.1 The City Management Representative and Representatives of AMEA, shall have the mutual obligation personally to meet and confer in order to exchange freely information, opinions and proposals and to endeavor to reach agreement on matters within the scope of representation. Nothing herein precludes the use of any impasse procedure authorized by law whenever an agreement is not reached during the meeting and conferring process and the use of such impasse procedure is mutually agreed upon by the City Management Representative and AMEA. 9.2 The City Management Representative shall not be required to meet and confer in good faith on any subject preempted by Federal or State Law or by the City Charter nor shall he be required to meet and confer in good faith on Management or Employee Rights as herein defined. Proposed amendments to this Article are excluded from the scope of meeting and conferring. ARTICLE 10 MEMORANDUM OF UNDERSTANDING 10.1 When the meeting and conferring process results in agreement between the City Management Representative and AMEA such agreement shall be incorporated in a written memorandum of understanding, signed by the City Management Representative and AMEA representatives. The matters incorporated in the memorandum shall be presented to the City Council, or its statutory representative, for determination. ARTICLE 11 DISCUSSION 11.1 It is the intent of both parties to maintain an open line of communication for the betterment of employer-employee relations. Any issue not pertaining to grievances or grievable issues may be discussed by AMEA or ANAHEIM at either party's request. 11.2 A party requesting a discussion may orally or in writing notify the other party of the subject to be discussed. Thereafter, a meeting shall be promptly arranged, at which meeting not more than two AMEA members and the business mar:'ager or business representative of the AMEA may be present. 11.3 The Parties agree to meet and confer in March and April 1998 to discuss: Pilot Compensatory Time Program/Overtime-General, 11.4 If the parties are not able to resolve the issues after three meetings, the issues will be considered dropped, unless both parties agree to meet additional times. 4 AMEA Clerical 1 0/4196 - 9/28100 11,5 If the discussion process results in an agreement between the City Management Representative and AMEA to amend this Memorandum of Understanding, such agreement shall be incorporated in a written letter of understanding, signed by the City Management Representative and AMEA representatives. The matters incorporated in the Letter of Understanding shall be presented to the City Council, or its statutory representative, for determination, ARTICLE 12 CHECK-OFF 12.1 ANAHEIM agrees to check-off for the payment of the regular monthly AMEA dues and to deduct such payments from the wages of all AMEA members and employees when authorized to do so by said members and employees, and remit such payments to the AMEA in accordance with the terms of signed authorizations of such members and employees. The deduction of such dues and the remittal of same by ANAHEIM to the AMEA, shall constitute payment of said dues and initiation fees by such members and employees of the AM EA. ARTICLE 13 AMEA ORGANIZATION 13.1 AMEA representatives are those elected or appointed in accordance with the constitution and bylaws of the AMEA, 13.11 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. 13.12 An employee elected or appointed as an officer or Employee Representatives of the AMEA shall be required to work full time in his respective job class and shall not interrupt the work of other employees. 13.2 Officers and representatives (subject to the provisions of ARTICLE 13.12) of the AMEA shall be permitted to visit employee work locations for the purpose of observing conditions under which employees are working, provided such visit shall not interrupt the work of such employees, interfere with the normal operations of the department or with established safety requirements. 13.21 Such officers and representatives shall not enter any work location without the knowledge of the department head. division head, or other appropriate supervisor, 5 AMEA Clerical10J4196 - 9/28100 13.22 Solicitation of membership and all activities concerned with the internal management of the AMEA, such as collecting dues, holding membership meetings, preparation of petitions or grievance material, preparation of proposals, campaigning for office, conducting elections and distributing literature, shall not be conducted during working hours. 13.3 In the event that the AMEA is formally meeting and conferring with representatives of ANAHEIM on matters within the scope of representation during regular City business hours, a reasonable number of officers, Employee Representatives or other officials of the AMEA shall be allowed reasonable time off without loss of compensation or other benefits. 13.31 Such officers, Employee Representatives and representatives shall not leave their duty or work station or assignment without the knowledge of the appropriate manager or supervisor. 13.32 Such meetings are subject to scheduling in a manner consistent with operating needs and work schedules. 13.33 ANAHEIM agrees to provide a combined total of up to five hundred (500) hours per year of paid release time from normal work assignments to the President and Board members of the AMEA for all activities concerned with the internal management of the AMEA. AMEA agrees to reimburse ANAHEIM on an hour-for-hour basis at the employee's regular rate of pay for all hours of released time taken by the AMEA President and Board members. 13.4 ANAHEIM shall furnish a bulletin board at mutually agreeable, specific locations for the purpose of posting notices pertaining to AMEA business, 13.41 All materials must be dated and must identify the AMEA. 13.42 ANAHEIM reserves the right to determine what reasonable portion of bulletin boards are to be allocated to AMEA materials. 13.43 If the AMEA does not abide by these provisions it will forfeit its right to have materials posted on ANAHEIM'S bulletin boards. 13.5 ANAHEIM shall allow the AMEA to conduct meetings in City facilities. 13.51 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 the AMEA. 6 AMEA Clerical 10/4196 - 9/28/00 ARTICLE 14 COMPENSATION 14.1 The City Management Representative shall be responsible for recommending wages, rates, and salary schedules for each job class in Appendix "A." 14,2 Prior to any such recommendations, the City Management Representatives and representatives of the AMEA shall meet and confer in good faith to endeavor to reach agreement on matters concerning wages, hours, and other terms and conditions of employment in such classifications represented by AMEA. 14.3 At such time as agreement is reached for such classifications, the City Management Representative and the AMEA shall jointly submit a written memorandum of such understanding, which shall not be binding, to the City Council for determination. 14.4 Wages for the various classifications shall be set forth in Appendix "A" attached to this Memorandum and by this reference made a part hereof. The City Management Representative of ANAHEIM will not recommend any revision or modifications to this agreement without first consulting on such recommendations with the AMEA. ARTICLE 15 CLASSIFICATION 15.1 The Human Resources Director shall be responsible for recommending classification of all positions in the classified service on the basis of the kind and level of the duties and responsibilities of the positions, to the end that all positions in the same class shall be sufficiently alike to permit use of a single descriptive title, the same qualification requirements, the same test of competence, and the same salary schedule. 15.11 A job class may contain one or more positions. 15.12 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. 15.21 The Human Resources Director shall be responsible for recommending such reclassification as he finds to be necessary, 15.22 A reclassification shall become effective upon action by the City Manager on a Personnel Action Form. 15.23 Incumbents mayor may not be reclassified with their positions, based upon the recommendation of the Human Resources Director, the appropriate - department head, and the approval of the City Manager, 7 AMEA Clerical 1 0/4196 - 9128/00 ARTICLE 16 APPROPRIATE SALARY STEP 16.1 Regular, full-time employees shall be eligible for consideration for merit pay increases as follows: 16.11 To the "Q" step of the salary schedule after completion of six months of service in the "P" step. 16.12 To the "R" step after completion of six months of service in the "a" step. 16.13 To the "J" step after completion of six months of service in the "R" step. 16.14 To the "A" step after completion of six months of service in the "J" step. 16.15 To the "B" step after completion of six months of service in the "A" step. 16.16 To the "C" step after completion of six months of service in the "B" step. 16,17 To the "0" step after completion of one year of service in the "C" step, except as. 16.18 To the "E" step after completion of one year of service in the "0" step, except as provided in ARTICLE 16.111. . 16.19 In such cases as may occur wherein an employee shall demonstrate exceptional ability and proficiency in performance of his 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. 16.110 For purposes of this Article "six months" shall be construed to mean thirteen complete biweekly pay periods; and "one year" shall be construed to mean twenty-six complete biweekly pay periods. 16.111 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 "0" step after completion of six months of service in the "C" step. They shall be eligible for consideration for merit pay increases to the "E" step after completion of six months of service in the "D" step. 16.2 Merit pay increases shall be granted upon approval of the employee's department head for continued meritorious and efficient service and continued improvement by the employee in the effective performance of the duties of his position. 16.21 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. 8 AMEA Clerical 1 0/4196 - 9/28/00 16.3 Newly hired employees shall normally be compensated at the lowest step of the salary schedule of the job class for which he was hired. ANAHEIM may hire at a higher step in the salary schedule, 16.31 The provisions of this Article shall also apply to re-employed and reinstated employees. 16.4 An incumbent employee reclassified with his position to a lower job class shall retain his rate of pay and his anniversary date for purposes of merit pay increases, or shall be placed in the step of the lower salary schedule closest to his rate of pay. If the "E" step of the salary schedule of the lower job class is lower than the incumbent's rate of pay, the rate of pay shall be identified as the "Y" step of the lower salary schedule. An employee compensated at the "Y" step because of a downward reclassification shall remain in the "Y" step, until such time as his job class is assigned to a salary schedule in which the "E" step is equivalent to or higher than the "Y" step, at which time the employee shall be placed in the "E" step. 16.5 An incumbent employee reclassified with his position to an equivalent job class shall retain his rate of pay and his anniversary date for purposes of merit pay increases. 16.6 An employee who is promoted or reclassified with his position to a higher job class shall be placed in the step of the higher salary schedule that will provide a pay increase of not less than 4% except when the "E" step of the higher salary schedule provides a pay increase of less than 4%, or when the "A" step of the higher salary schedule is more than 4% higher than the employee's current rate of pay. The employee shall be given a new anniversary date for purposes of merit pay increases in accordance with the provisions of ARTICLE 16.1. 16.61 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 is appointed longer than the time provided in ARTICLE 16,1. 16.7 An employee who is demoted shall be placed in the step of the lower salary schedule that will provide a reduction in pay of not less than 4%. The employee shall be given a new anniversary date for purposes of merit pay increases in accordance with the provisions of ARTICLE 16.1. 16.8 An employee in a job class which is assigned to a different salary schedule as a result of a pay adjustment shall retain his same salary step status in the newly authorized salary schedule and shall retain the same anniversary date for purposes of merit pay increases. 16.9 When more than one personnel action involving changes in an employee's salary step status become effective on the same day. all such changes shall be in _ accordance with the provisions of the preceding paragraphs of the Article, and shall take place in the following order of precedence: 9 AMEA Clerical 1 0/4196 - 9128100 (1) adjustment to same salary step in newly authorized salary schedule; (2) merit pay advancement or reduction in salary step; (3) promotion, demotion, or reclassification. ARTICLE 17 SALARY RELATIONSHIPS 17.1 ANAHEIM and AMEA agree that wages for all classifications represented by AMEA shall be based on the salary relationships shown below. The wages in "Appendix A" reflect an agreed upon phased implementation plan to these salary relationships. ACCOUNTING SPECIALIST Accounting Technician Box Office Specialist Collections Specialist Collections Supervisor Payroll Specialist Payroll Technician Sr. Accounting Specialist JTP Specialist 1.250 x Accounting Specialist 1.100 x Accounting Specialist 1,050 x Accounting Specialist 1.250 x Accounting Specialist 1,100 x Accounting Specialist 1.250 x Accounting Specialist 1.100 x Accounting Specialist 1.050 x Accounting Specialist FIRE DISPATCHER II Fire Dispatcher I Fire Communications Shift Supervisor .900 x Fire Dispatcher II 1.150 x Fire Dispatcher II OFFICE SPECIALIST II Booking & Sched Specialist Building Permit Rep Clerk Council Agenda Administrator Customer Services Specialist I Customer Services Specialist II Data Entry Operator Data Entry Supervisor Data Processing Clerk Department/Motor Vehicle Specialist Departmental Records Coordinator Guest Services Specialist I Guest Services Specialist II Housing Intake Specialist Housing Loan Processor Intermediate Clerk Library Circulation Specialist Library Clerk Library Tech Serv Specialist Licensing Specialist Licensing Supervisor Office Specialist I 1,250 x Office Specialist II 1.100 x Office Specialist II .850 x Office Specialist II 1.30 x Office Specialist II .900 x Office Specialist II 1.000 x Office Specialist II 1.050 x Office Specialist II 1.200 x Office Specialist II 1,000 x Office Specialist II 1.225 x Office Specialist II 1.200 x Office Specialist II .900 x Office Specialist II 1.000 x Office Specialist II 1.050 x Office Specialist II 1.100 x Office Specialist II .950 x Office Specialist II 1.100 x Office Specialist II ,850 x Office Specialist II 1.200 x Office Specialist II 1.100 x Office Specialist II 1.250 x Office Specialist \I .900 x Office Specialist II 10 AMEA Clerical 1 0/4196 - 9/28100 Office Supervisor Principal Office Specialist Recreation Personnel Specialist Senior Clerk Senior Customer Services Specialist Senior Data Entry Operator Senior Guest Services Specialist Senior Library Clerk Senior Office Specialist Senior Word Processing Operator Word Processing Operator Word Processing Supervisor 1.300 x Office Specialist 1.225 x Office Specialist 1.225 x Office Specialist 1.100 x Office Specialist 1.050 x Office Specialist 1.100 x Office Specialist 1.050 x Office Specialist 1.050 x Office Specialist 1.175 x Office Specialist II 1.150 x Office Specialist II 1,075 x Office Specialist II 1,350 x Office Specialist II POLICE DISPATCHER II Police Communications Operator Police Communications Supervisor Police Dispatcher I Senior Police Dispatcher .750 x Police Dispatcher II 1,250 x Police Dispatcher II .900 x Police Dispatcher II 1.100 x Police Dispatcher II POLICE RECORDS SPECIALIST II CLETS/NCIC Specialist Detention Facility Assistant Police Records Spec/Matron Police Records Specialist I Police Records Supervisor Senior Police Records Specialist 1.25 x Police Records Spec. II 1.125 x Police Records Spec. II 1.100 x Police Records Spec. II .900 x Police Records Spec. II 1.350 x Police Records Spec. II 1.200 x Police Records Spec. II PROPERTY & EVIDENCE CLERK Property & Evidence Supervisor Senior Property & Evidence Clerk 1.150 x Property & Evidence Clerk 1,075 x Property & Evidence Clerk SENIOR STOREKEEPER Automotive Parts Specialist Bookmobile Operator Storekeeper Supply Clerk/Driver Wardrobe Specialist .850 x Senior Storekeeper .850 x Senior Storekeeper .900 x Senior Storekeeper ,800 x Senior Storekeeper ,800 x Senior Storekeeper ARTICLE 18 HOURS OF WORK AND PAY DAY 18.1 The average regular work week for employees in classifications in Appendix "A" shall be forty (40) hours. 18.11 For all employees with an average regular work week of forty (40) hours, the monthly rate shall be the hourly rate times 2,080 divided by 12. 18.2 Regular salaries and compensation of employees shall be paid on a biweekly basis. 11 AMEA Clerical 1 0/4196 - 9128100 18.3 ANAHEIM agrees to pay annual sick leave payoff, by separate checks. 18.4 All holidays and vacation and sick leave shall be paid at the employees regular rate of pay. 18.5 ANAHEIM and the AMEA agree that in certain instances alternatives to the traditional work schedule for the convenience of employees may be appropriate. Such schedules may be installed under the following guidelines: 18.51 ANAHEIM or the AMEA may initiate discussions regarding such alternate work schedules. 18.52 Alternate work schedules shall not reduce service to the public. 18.53 Such schedules may be revoked by either party upon notice to the other party. 18.54 Such schedules may continue by mutual agreement of both parties. 18.55 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 work in a job class which is assigned to a salary schedule higher than his regular job class, 19.2 Employees temporarily upgraded to certain job classes shall be compensated at the lowest step in the higher salary schedule that will provide a premium of not less than 4,0% of the employee's regular hourly rate of pay for each hour worked in the higher job class during normal working hours if they are assigned to work in the higher job class for a minimum of (2) hours of each day. Employees temporarily upgraded to job classes during other than normal working hours shall be compensated at the lowest step on the higher salary schedule that will provide an upgrade premium of not less than 4.0% of the employee's regular hourly rate of pay for all time worked in the higher job class. The "E" step in the higher salary schedule shall be the maximum upgrade premium when the "E" step of the higher salary schedule provides an upgrade premium of less than 4.0%. Such job classes shall be designated in Appendix "A" by a "U2" before schedule numbers. 19.21 Employees upgraded to the job classes listed below shall be paid in accordance with paragraph 19.1; provided however that a minimum of one (1) complete work shift must be worked before payment will be made from the first hour. Such job classes shall be designated in Appendix "A" by a- "UFS" before schedule numbers. 12 AMEA Clerical 1 0/4196 - 9/28/00 Confidential Positions: Administrative Assistant Claims Assistant Council Administrative Assistant Executive Secretary Office Supervisor - Confidential Planning Commission Support Supervisor Principal Office Specialist - Confidential Purchasing Assistant Secretary Senior Clerk - Confidential Senior Office Specialist - Confidential Senior Secretary Appendix "A" positions: Collections Supervisor Data Entry Supervisor Department Motor Vehicle Specialist Fire Dispatcher II Office Supervisor Police Communications Supervisor Police Dispatcher II Police Records Supervisor Property and Evidence Supervisor Principal Office Specialist Senior Accounting Specialist Senior Clerk Senior Data Entry Operator Senior Office Specialist Word Processing Supervisor 19.22 The following job classes shall be paid an additional %% pay in lieu of upgrade pay. library Circulation Specialist library Clerk library Technical Services Specialist Senior Library Clerk 19.3 Bargaining unit employees temporarily upgraded to a management class designated with a "U" shall receive a 5.0% increase or the minimum rate of the management salary range whichever is higher. All other upgrading rules as contained in ARTICLE 19.2 will be applicable. 19.4 Upgrade to a vacant position shall be limited to six months, except in cases of extended sick leave, industrial accident leave or leave without pay, 13 AMEA Clerical 10/4196 - 9/28/00 ARTICLE 20 PAYROLL DEDUCTIONS 20.1 Deductions of authorized amounts may be made from employees' pay for the following purposes: 20.2 Withholding Tax; 20.3 Contributions to retirement benefits; 20.4 Contribution to survivors' benefits; 20.5 Payment of life insurance and accidental death and dismemberment insurance premium; 20.6 Payment of non-industrial disability insurance premium; 20.7 Payment of hospitalization and major medical insurance premium; 20.8 Payment to or savings in the Anaheim Area Credit Union; 20.9 Contributions to United Way; 20,10 Payment of membership dues to the Anaheim Municipal Employees' Association. 20.11 Purchase of United States Savings Bonds; and 20.12 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: 21.11 Employment by ANAHEIM shall be based on merit and fitness, free of personal and political considerations. 21.12 Appointments, promotions, and other actions requiring the application of the merit principle shall be based on systematic tests and/or evaluations. 21.13 Positions having similar duties and responsibilities shall be classified and compensated on a uniform basis. 21.14 Tenure of employees shall be subject to good behavior, satisfactory work performance, necessity for the performance of work, and the availability of funds. 14 AMEA Clerical 1 0/4196 - 9128100 21.15 Any action concerning an employee's status of employment shall be processed on a Personnel Action Form. Such status shall become effective upon action by a management employee who has responsibility for authorizing such action. All full-time employees shall receive a true copy of any personnel action taken concerning their status of employment. 21.2 Job Bulletins prepared by Human Resources regarding full-time regular classifications shall be sent to and posted on Bulletin Boards designated for that purpose. 21.3 Job Bulletins regarding classifications represented by the AMEA shall be sent to the AMEA during recruitment periods. 21.4 ANAHEIM shall be the sole judge of the testing, qualification and acceptance procedures of all applicants for employment and promotion and ANAHEIM retains the right to reject any applicant for employment; PROVIDED, HOWEVER, that no test or qualification procedures utilized by ANAHEIM or refusal to accept for employment shall be done to discriminate for or against an applicant because of AMEA or non-AMEA membership or because of race, color, creed, national origin, religion, sex, age or physical disability, except where age or lack of physical disability is a bona fide occupational qualification. ARTICLE 22 APPOINTMENTS AND PROMOTIONS 22.1 Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examinations, Examinations shall be used and conducted to aid in the selection of qualified employees, and shall consist of recognized selection techniques which will, in the opinion of the Human Resources Director, test fairly the qualifications of candidates, 22.11 Notwithstanding any other provision of this Article, vacant positions in the classified service which would otherwise be filled by open recruitment may be filled by appointing part-time employees currently employed in part-time classification with full-time equivalent classifications. 22.2 Minimum standards of employment for each job class shall be recommended by the Human Resources Director and approved by the City Manager. 22.3 At such times as the appointing authority with concurrence of the Human Resources Director determines that it is in the best interests of the City to promote from within, promotions shall be on a competitive basis except when the Human Resources Director finds that the number of employees qualified for promotion is insufficient to justify competition. Appropriate consideration shall be given to promotional candidates' qualifications, record of performance, and seniority, in that order. When a qualified, work-disabled employee is available, consideration wiH be provided according to the Vocational Rehabilitation Administrative Regulation. 15 AMEA Clerical 1 0/4196 - 9/28/00 22.31 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. 22.32 Advancement to a higher paid job class shall constitute a promotion, 22.33 Whenever a management evaluation is to be part of the promotional selection process for classifications listed in Appendix "A", employees will be notified on the job flyer at the time promotional examinations are announced the weights to be assigned to qualifications, record of performance and seniority, 22.4 Examinations for appointments and promotions shall be in such form as will fairly test the abilities and aptitudes of candidates for the duties to be performed, so that such appointments and promotions will be solely based on qualifications without regard to race, color, creed, national origin, religious or political affiliation or belief, membership in or attitude toward any employee organization, sex, age, or physical disability, except where sex, age, or lack of physical disability is a bona fide occupation qualification. 22.5 Candidates who qualify for employment or promotion shall be placed on an eligibility list for the appropriate job class. At such times as a department management evaluation is included in the establishment of a promotional eligibility list, the list shall rank the eligible candidates in the order of final evaluation, and appointments from that list shall normally follow rank order. 22.51 Employees shall be given written notice of his rank order on promotional eligibility lists. 22.6 When an appointment is to be made to a vacancy, the Human Resources Director shall submit to the appropriate department head the names on the appropriate employment list. Appointments to vacant positions shall be made by the appropriate department head, with the concurrence of the Human Resources Director. 22.61 The appropriate department head, with the concurrence of the Human Resources Director, may order names removed from an eligibility list for good and sufficient reasons. Employees shall be given written notice of removal of their names from eligibility lists. 22.7 In the absence of appropriate employment lists, a provisional appointment may be made by the appropriate department head (with the approval of the Human Resources Director) of a person meeting the minimum qualifications for the position. An eligibility list shall be established within six months for any regular, full-time position filled by provisional appointment. In the event that any provisional appointee fails to qualify on the eligibility list as established within six months of his provisional appointment, said provisional appointee shall have his employment 16 AMEA Clerical 1 0/4196 - 9/28/00 terminated at the close of the first complete biweekly pay period following the establishing of the eligibility list. 22.8 Appointments to certain grant funded positions as designated by the City Manager may be made without competitive examinations and/or evaluations, Such appointments may be made by the appropriate department head (with the approval of the Human Resources Director and the City Manager). In the event that a grant. funded appointee fails to complete competitive examinations and/or evaluations and is not appointed to a city funded position during his period of employment under the grant, said grant funded appointee shall be terminated from City employment. ARTICLE 23 EMPLOYMENT LISTS 23.1 Employment lists, in order of their priority, shall be re-employment lists and eligibility lists. 23.2 Re-employment lists shall contain the names of regular, full-time employees laid off in good standing for lack of funds or work. 23.21 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. 23.31 Eligibility lists may contain the names of one or more persons eligible for employment. 23,32 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. 23.33 Promotional eligibility lists shall remain in effect for a period of two years or until depleted. ARTICLE 24 PROBATION 24.1 Employees appointed from eligibility lists, reinstated employees and employees reassigned according to the Vocational Rehabilitation Administrative Regulation shall be subject to a period of probation. The regular period of Probation shall be thirteen (13) complete biweekly pay periods unless othelWise specified for certain designated job classes. 24.11 Certain designated job classes in the classified service shall have a regular period of probation which begins on the date of appointment and ends 17 AMEA Clerical 1 0/4196 - 9/28/00 twenty-six (26) complete bi-weekly pay periods after the date of appointment. These job classes shall be: Police Dispatcher I Fire Communications Shift Supervisor Fire Dispatcher I Fire Dispatcher II 24.12 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 probationary period, said employee's probationary status may be extended beyond the regular period of probation in the amount of one complete biweekly pay period for each complete biweekly pay period assigned to light duty status or lost due to such illness or injury. 24.13 Upon successful completion of a probationary period, an employee shall be granted regular status in the classification in which the probationary period is served. 24,2 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. 24.21 An employee rejected or laid off during the probationary period from a position to which he has been promoted or transferred shall be returned to the classification in which he has regular status unless the reasons for his failure to complete his probationary period would be cause for dismissal. 24.22 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 job with ANAHEIM, if his department head determines that such outside employment does not interfere with the performance of assigned duties and does not constitute a conflict of interest. 18 AMEA Clerical 1 0/4196 - 9/28/00 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 any employee upon his retirement. 26.11 For purposes of this Article, the term "years of service", shall be defined as continuous, full-time service. ARTICLE 27 TRAINING 27.1 The Human Resources Director shall encourage the improvement of service by providing employees with opportunities for training, including training for advancement and for general fitness for public service. 27.11 Reimbursement to employees for costs incurred for formalized training shall be in accordance with regulations established by the City Manager, 27.2 Each employee in a classification listed in Appendix "A" shall be allowed the opportunity to enroll in an ANAHEIM sponsored training course at least once each calendar year. To be approved, courses must be in one of the five (5) critical competency areas identified in the City's 5-Year Training Plan (Interpersonal Communication, Leadership, Computer and Technology, cross-Functional Work and Teams, or Critical Thinking). In the event an employee requests a course that is not included in the City Training Catalog, the Human Resources Director shall determine whether the course curriculum satisfies one or more of the required critical competency areas. ARTICLE 28 SALARY STEP REDUCTION, SUSPENSION, DEMOTION, AND DISMISSAL 28.1 The tenure of every employee shall be conditioned on good behavior and satisfactory work performance. Any employee may have their salary step reduced or be suspended, demoted, or dismissed for good and sufficient cause. 19 AMEA Clerical 10/4196 - 9128/00 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; 28.21 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 anyone time, except as provided for in ARTICLE 28.31. or; 28.22 Salary reduced by one or more steps. Upon taking such action. the appropriate Department Head or Administrative Manager shall file with the employee and the Human Resources Director a written notification containing a statement of the substantial reasons for the action. The employee may be returned to his 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. 28.31 Suspension without pay pending further action shall be the status of dismissed employees appealing dismissal under provisions of ARTICLE 50, Grievance General. Such suspension shall not exceed 90 calendar days. 28.4 In the disciplinary process, ANAHEIM shall confirm with the procedural due process requirements of Skelly v. State Personnel Board. At such time as Skelly due process is required. prior to the determination that discipline will be imposed, the appropriate Department Head or Administrative Manager. at a minimum shall: 28.41 Provide written notification to the employee of the proposed discipline at least six working days prior to the date the discipline is proposed to be implemented. The notification shall include: 28.411 The discipline that is proposed. 28.412The grounds for imposing disciplinary action. 28.413 The actions, omissions. or conduct of the employee upon which the proposed discipline is based. 28.414 An invitation to respond either orally or in writing prior to the proposed effective date of the discipline. 20 AMEA Clerical 1 0/4196 - 9128100 28.42 Provide copies of documents considered which support the proposed discipline. 28.43 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. 28.44 ANAHEIM and the AMEA recognize and understand that failure to comply with ARTICLE 28.4 shall not invalidate a disciplinary action, but may result in penalties upon ANAHEIM, as reflected in decisions of the California appellate courts. 28.5 When an employee is dismissed as provided in this Article, ANAHEIM and the AMEA agree to the following accelerated procedure under the provisions of ARTICLE 50 - Grievance General: 28.51 ANAHEIM and the AMEA agree that only one Post Skelly hearing by the appropriate Department Head or Administrative Manager shall be held. This hearing shall be held within ten working days after the dismissal is grieved unless mutually extended. 28,52 If the grievance is then appealed to Third Step to be submitted to an impartial arbitrator for a final and binding decision, ANAHEIM and the AMEA agree to: 28.521 Develop a standing list of mutually approved arbitrators. 28.5211 This list shall include no more than five mutually approved arbitrators. 28.5212 ANAHEIM and the AMEA agree to reestablish the list of arbitrators once each year in January. 28.5213 ANAHEIM or the AMEA may remove arbitrators from this list at anytime. 28.522 Select the arbitrator from the standing list that has the earliest, reasonable available hearing date, unless the parties mutually agree to select another arbitrator from the list. 28.523 Stipulate to the following submission language when a dismissal is submitted to an impartial arbitrator: "Was (name of employee) dismissed for good and sufficient cause? If not, what shall the remedy be?" 21 AMEA Clerical 10/4196 - 9/28100 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, 29.11 An employee whose position has been abolished due to la::k of work or lack of funds shall be reassigned by his department head to any position within his division or department in an equivalent or lower job class for which he 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 may be reassigned by his department head to any vacant position within the department in an equivalent or lower job class, for which he meets the minimum requirements. Employees so reassigned shall be placed in the salary step of the appropriate salary schedule closest to his rate of pay. Employees so reassigned shall be reinstated to his former job class and salary step status when positions in his former job class (within his division or department) become vacant. Such reinstatement shall be on the basis of City seniority. 29.12 Whenever an employee whose position has been abolished cannot be reassigned to a vacant position within his division or department, he shall be reassigned by the City Manager to any vacant position in any other division or department in his job class or in an equivalent or lower job class for which he meets the minimum qualifications for employment. If an employee is reassigned to a vacant position within his job class in any other division or department, he shall retain his 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 may be placed in any salary step of the appropriate salary schedule that does not provide an increase in salary. Employees reassigned to vacant positions in an equivalent or lower job class in any other division or department shall be reinstated to his former job class and salary step status when positions in his former job class (within his 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, he shall be placed on the re-employment list for his job class. Persons on the re-employment list shall be re-employed with his former salary step status when positions in his job class (within the division or department from which they were laid off) become vacant. Re-employment shall be on the basis of City seniority. 29.3 Whenever an employee is reassigned to a vacant position in the same class, an equivalent class, or lower class as herein provided, he shall retain the same anniversary date for purposes of merit pay increases, 29.4 Whenever an employee is reinstated to a vacant position in his former job class, or re-employed as herein provided, he shall be given a new anniversary date for purposes of merit pay increases in accordance with the provisions of ARTICLE 16. 22 AMEA Clerical 1 014196 - 9128/00 29.5 An employee reinstated from the re-employment list shall be considered to have continuous service and may be credited with the amount of accumulated sick leave he had accrued at the time of layoff if he elects to remit to ANAHEIM any payment received under the provisions of ARTICLE 39, SICK LEAVE. 29.6 ANAHEIM and the AMEA agree that ANAHEIM will notify the AMEA of layoffs which affect employees represented by the AMEA at the same time or prior to notification of employees. 29.7 The provisions of this Article shall only apply to regular full-time employees in the classified service. Employees appointed to certain grant-funded positions as designated by the City Manager under ARTICLE 22.7, and newly hired probationary employees shall be excluded from the provisions of this Article. ARTICLE 30 TRANSFER 30.1 A change of an employee's place of employment from one division to another or from one department to another shall be considered a transfer. A change of an employee's place of employment to a vacant position in a job class on the same salary schedule as his own job class shall also be considered a transfer, 30,11 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. 30.12 A transferred employee shall retain his rate of pay and his anniversary date for purposes of merit pay increases. 30.13 In order to be transferred to a job class with minimum standards of employment substantially different from those of his own job class, an employee shall be required to demonstrate his eligibility for employment in accordance with the provisions of ARTICLE 22 and shall serve a new probationary period in accordance with the provisions of ARTICLE 24. 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 employment in good standing may be reinstated to a vacant position in his former job class within three years of his termination date without re-qualifying for employment by competitive processes. 23 AMEA Clerical 1 0/4196 - 9/28/00 29.5 An employee reinstated from the re-employment list shall be considered to have continuous service and may be credited with the amount of accumulated sick leave he had accrued at the time of layoff if he elects to remit to ANAHEIM any payment received under the provisions of ARTICLE 39, SICK LEAVE. 29,6 ANAHEIM and the AMEA agree that ANAHEIM will notify the AMEA of layoffs which affect employees represented by the AMEA at the same time or prior to notification of employees. 29.7 The provisions of this Article shall only apply to regular full-time employees in the classified service, Employees appointed to certain grant-funded positions as designated by the City Manager under ARTICLE 22.7, and newly hired probationary employees shall be excluded from the provisions of this Article. ARTICLE 30 TRANSFER 30.1 A change of an employee's place of employment from one division to another or from one department to another shall be considered a transfer. A change of an employee's place of employment to a vacant position in a job class on the same salary schedule as his own job class shall also be considered a transfer, 30.11 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. 30.12 A transferred employee shall retain his rate of pay and his anniversary date for purposes of merit pay increases, 30.13 In order to be transferred to a job class with minimum standards of employment substantially different from those of his own job class, an employee shall be required to demonstrate his eligibility for employment in accordance with the provisions of ARTICLE 22 and shall serve a new probationary period in accordance with the provisions of ARTICLE 24. 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 employment in good standing may be reinstated to a vacant position in his former job class within three years of his termination date without re-qualifying for employment by competitive processes. 23 AMEA Clerical 1 0/4196 - 9/28/00 31.11 Employees reinstated within thirty days of their termination date shall be considered to have continuous service, shall not serve a new probationary period and shall be credited with the amount of accumulated sick leave they had at the time of termination. They shall be placed in their former salary step and shall retain their anniversary date for purposes of merit pay increases. If their anniversary date has occurred during the period of their absence, their new anniversary date shall be the first day of the next biweekly pay period following reinstatement. 31.12 Employees reinstated after thirty days of their termination date shall serve a new probationary period and may be considered to have broken service for purposes of salary step status, and shall be considered to have broken service for all other employee benefits. 31.2 An employee may be reinstated under the provisions of the Vocational Rehabilitation Administrative Regulation to any vacant position for which he/she meets the minimum 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 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. 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. 32.31 Voluntary demotions in accordance with the Vocational Rehabilitation Administration Regulation shall be in accordance with the provisions of ARTICLE 32. 32.4 An employee who has taken a voluntary demotion to a lower job class may be reinstated to a vacant position in his/her former job class within three years of the effective date of the voluntary demotion without re-qualifying by competitive processes. 24 AMEA Clerical 1 0/4196 - 9/28/00 32.41 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 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. She/he shall retain her/his anniversary date for purposes of merit pay increases; however, if she/he is placed in the "A" or "B" step of the salary schedule, she/he shall be eligible for a merit pay increase after thirteen complete biweekly pay periods or her/his 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 twenty-four (24) working hours. "Immediate family" shall be defined as any relative by blood or marriage who is a member of the employee's household, under the same roof, and any parent, foster parent, step-parent, spouse, child, grandchild, brother, or sister of the employee, or any parent, foster parent or step-parent or grandchild of the employee's spouse, regardless of residence. Police Communications Twelve Plan employees shall be granted bereavement leave with pay for up to a maximum of thirty-six (36) working hours. 33.11 In the event a death occurs among other family members of an employee, the employee shall be granted bereavement leave with pay for up to a maximum of eight (8) working hours. 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, child, brother, or sister of the employee's spouse, regardless of residence. Police Communications Twelve Plan employees shall be granted bereavement leave with pay up to a maximum of twelve (12) working hours. 33.12 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. 33.13 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. 33.2 Employees in the classifications of Fire Dispatcher I, Fire Dispatcher II and Fire Communications Shift Supervisor who are eligible for "immediate family" bereavement leave in accordance with ARTICLE 33,1 above shall be granted bereavement leave with pay for up to a maximum of thirty-six (36) working hours. Employees in the classifications of Fire Dispatcher I, Fire Dispatcher II and Fire Communications Shift Supervisor who are eligible for "other family members" . bereavement leave in accordance with ARTICLE 33.2 above shall be granted bereavement leave with pay for up to a maximum of twelve (12) working hours. 25 AMEA Clerica110J4196 - 9/28/00 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's Birthday Third Monday in February, President's Day Last Monday in May, Memorial Day July 4th, Independence Day First Monday in September, Labor Day November 11, Veteran's Day Fourth Thursday in November, Thanksgiving Day Friday after Thanksgiving December 25th, Christmas Day Every day designated by the City Council for a public feast, thanksgiving or holiday, 34.2 In the event that any of the above holidays fall on an employee's scheduled day off, said employee shall observe the preceding work day or the following work day as scheduled by the department head to provide maximum regular service to the public. 34.3 Employees may be required to work on any of the above holidays or days observed in lieu of those holidays. Any employee required to work on any of the above holidays or days observed in lieu of those holidays shall receive additional compensation equivalent to one and one half times his regular rate of pay. 34.4 In the event that any of the recognized City holidays falls on weekends all field employees shall observe the same day. 34.5 When an employee working in the Police Department classifications listed in ARTICLE 34,53 below is required to work on any of the above listed holidays or days observed in lieu of those holidays, the employee shall receive compensation in addition to eight (8) hours regular holiday pay. 34.51 In the event the holiday falls on the employee's regularly scheduled twelve (12) hour day, the first four (4) hours worked shall be compensated at the employee's regular hourly rate of pay, including shift differential, if applicable. All hours worked in excess of four (4) hours shall be compensated at one and one-half (1.5) times the employee's regular rate of pay, including shift differential, if applicable. 34.52 In the event a holiday falls on the employee's regularly scheduled eight (8) hour work day, all hours worked shall be compensated at one and one-half (1.5) times the employee's regular hourly rate of pay, including shift differential, if applicable, 26 AMEA Clerical 1 0/4196 - 9/28/00 34.53 These provisions apply to: Police Dispatcher I Police Dispatcher II Police Communications Supervisor Police Communications Operator 34.6 Employees working in the Police Department classifications listed in ARTICLE 34.53 above may elect to accrue credit for overtime hours worked on a holiday in lieu of payment for those holiday work hours. ARTICLE 34.5 above describes circumstances under which an employee working on a holiday may be entitled to accrue credit for hours of holiday overtime at the rate of one and one-half (1.5) hour per hour worked. In such circumstances. the employee may elect to either be paid at the rate of one and one-half (1.5) hour for each overtime hour worked or accrue credit for holiday work time which is recorded at the rate of one and one-half (1/2) hour for each overtime hour worked. At the close of the pay period that includes November 16 each year an employee shall be compensated at their current regular hourly rate of pay for each hour of holiday time accrued. 34.7 An employee assigned to the Fire Communications Work Schedule shall receive an additional twelve (12) hours pay at their regular rate of payor shall accrue twelve (12) hours holiday time for each holiday listed in ARTICLE 34.1 above. 34.8 Once each year an employee shall be compensated in cash by separate check at their current rate of pay for any holiday time off accrued by not taken at the close of the bi-weekly pay period that includes November 16, 34.9 Upon termination, an employee shall be compensated in cash at their current rate of pay for any holiday time off accrued but not taken. 34.10 In order to be eligible for holiday pay. an employee must be either at work or on paid leave of absence on the regularly scheduled work day immediately preceding the holiday or day observed in lieu of the holiday and the regularly scheduled work day immediately following the holiday or day observed in lieu of the holiday, No employee who is on suspension or unpaid leave of absence on either the regularly scheduled work day immediately preceding or immediately following the holiday or day observed in lieu of the holiday shall receive compensation for said holiday or day observed in lieu of the holiday. 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 Worker's Compensation _ Insurance and Safety Act, such absence shall be considered to be Industrial Accident Leave, 27 AMEA Clerical 1014196 - 9/28/00 35.2 Any employee on Industrial Accident Leave shall receive compensation from ANAHEIM in an amount equal to the difference between temporary disability payments mandated by the State of California Worker's Compensation Insurance and Safety Act and 80% of his/her regular basic rate of pay. 35.21 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. 35.31 Industrial Accident Leave shall continue during all absences due to a single injury, but not to exceed one year of accumulated absence, 35.32 Industrial Accident Leave benefits provided by this Article shall apply to each injury or disease as defined in ARTICLE 35, 35.33 The effective date of a permanent disability rating as awarded by the Worker's Compensation Appeals Board ends eligibility for industrial accident leave for that particular injury or disease. 35.34 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. 35.35 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 any employee on Industrial Accident Leave in accordance with the provisions of ARTICLE 39 and ARTICLE 40. ARTICLE 36 JURY DUTY AND COURT APPEARANCES 36.1 In the event any full-time employee is duly summoned to any court for the purpose of performing jury duty, he/she shall receive their regular compensation for any regularly scheduled working hours spent in actual performance of such service. 36.11 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 28 AMEA Clerical 10/4196 - 9128/00 action brought about as a result of his own misconduct, he/she shall receive their regular compensation for any regularly scheduled working hours spent in actual performance of such service. 36.12 Employees receiving witness fees shall remit such fees to the City Treasurer in order to be considered at work for payroll purposes during time spent as such witnesses. ARTICLE 37 LEAVE WITHOUT PAY 37.1 Any employee who is absent from work and who is not on leave with pay shall be considered to be on leave without pay. 37.11 An employee on leave without pay shall receive no compensation and shall accumulate no vacation or sick leave while on such leave. 37,12 An employee who has need to be absent from work and who is not eligible for leave with pay may request to be placed on leave without pay. Leave without pay for a period not to exceed (40) working hours may be granted by the employee's division head. Leave without pay in excess of (40) hours shall require the approval of the employee's department head. 37.13 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. 37.14 An employee may be granted leave without pay not to exceed six (6) months. An extension of leave without pay beyond six 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. 37.15 An employee returning to work from leave without pay shall be placed in the same salary step he/she was in prior to such leave. If such leave was in excess of two complete biweekly pay periods, the employee's anniversary date for purposes of merit pay increases shall be changed to conform with the provisions of ARTICLE 16.1 provided that he/she returns to a position in his/her same job class. If the employee returns to a position in a lower job class, his/her salary step status shall be determined in accordance with the provisions of ARTICLE 32. 29 AMEA Clerical 1 0/4196 - 9/28/00 ARTICLE 38 MILITARY LEAVE 38.1 ANAHEIM'S policy relating to military leave and compensation therefore, shall be in accordance with the provisions of the Military and Veterans Code of the State of 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: 39.11 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. 39.12 Paid sick leave shall continue to accrue in accordance with the above provisions during any period of leave with pay. 39.13 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 Worker's Compensation Insurance and Safety Act after eligibility for Industrial Accident Leave has ended shall receive maximum compensation from ANAHEIM in an amount equal to the difference between temporary disability payments mandated by the State of Califomia Worker's Compensation Insurance and Safety Act and their regular basic rate of pay. 39.2 Each employee shall have one half (~) hour deducted from their accrued sick leave time for each one half (~) hour of sick leave taken. The minimum amount of Sick Leave that may be taken at any given time shall be one half (~) hour. 39.21 An employee may, at his option, elect to use vacation time to bridge the period after Sick Leave is exhausted and prior to STO commencing. 39.3 Sick leave that is accrued. but not taken, shall be accumulated. 39.31 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. 39,32 ANAHEIM shall pay to an employee upon the employee's termination of- employment due to retirement in accordance with ARTICLE 51 or layoff in accordance with ARTICLE 29, all hours accumulated up to the maximum of 30 AMEA Clerical 1 0/4196 - 9/28/00 one hundred seventy-five (175) hours that may be carried over from year to year. If an employee dies while employed, ANAHEIM shall pay to his/her beneficiary, as designated by the Public Employee's Retirement System records, the cash equivalent of all hours accumulated up to the maximum of one hundred seventy-five (175) hours that may be carried over from year to year. 39.4 An employee who has completed six (6) months as a regular full-time employee and is continuously and totally disabled for more than one (1) calendar month, shall receive a short term disability leave benefit of net sixty percent (60%) of their base rate of pay, after withholding taxes, and less deductible benefits. Such disability benefit shall continue during total disability up to a maximum of six months from date of disability. Upon completion of thirty (30) and/or ninety (90) days of absence while receiving short term disability benefits, an employee shall be required to undergo a physical examination by the treating physician or medical practitioner and shall submit a report of such examination explaining the nature and extent of the disabling illness or injuries and the prognosis and date of expected return to work. Short term disability benefits shall continue beyond sixty (60) and/or one hundred and twenty (120) days of absence only upon submission of the report of physical examination by the treating physician or medical practitioner. 39.41 Deductible benefits include salary or other compensation paid by any employer; Worker's Compensation Act or similar law including benefits for partial or total disability, whether permanent or temporary if benefits being received are for the current disabling condition; a pension plan toward which ANAHEIM contributed. 39.42 Total disability means an employee's complete inability to engage in their regular occupation. 39.43 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. 39.44 ANAHEIM shall waive the payment of employee premiums for any ANAHEIM sponsored medical, dental and life insurance benefit plans during any biweekly pay period during which short term disability benefits are paid. 39.5 In the event that any paid holiday occurs during a period when any employee is on paid sick leave, the holiday shall not be charged against the employee's accrued sick leave. The only sick leave hours that shall be charged against any employee's accrued sick leave shall be those hours that the employee is regularly scheduled to work. 39.6 An employee eligible for paid sick leave shall be granted such leave for the following reasons: 39.61 Illness of the employee or physical incapacity of the employee due to illness or injury, 31 AMEA Clerical 1 0/4196 - 9/28/00 39.62 Enforced quarantine of the employee in accordance with community health regulations. 39.63 Medical and dental appointments during work hours. Use of sick leave for scheduled medical and dental appointments shall require prior approval of the employee's supervisor and will be granted in accordance with the best interest of the City of ANAHEIM and the employee's department or division. 39.64 Temporary disabilities caused by pregnancy and childbirth. 39.65 Illness of the employee's immediate family. 39.7 An employee who cannot perform his assigned duties due to illness or physical incapacity shall inform his immediate supervisor of the fact and the reason therefore as soon as possible. Failure to do so within a reasonable time may be cause of denial of sick leave with pay, 39.8 In the event that an employee is absent on sick leave in excess of twenty-four (24) consecutive working hours, the employee's department head or division head may require that the employee submit to him a written statement by a physician licensed by the State of California certifying that the employee's condition prevented him from performing the duties of his position. Failure on the part of the employee to comply with such a requirement may be considered cause for disciplinary action. 39.9 In the event that an employee becomes ill during working hours and is placed on paid sick leave prior to the close of the work day, 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 175 hours) shall be credited as follows: seventy-five percent (75%) to be reported as service credit at retirement; twenty-five percent (25%) converted to cash value at the employee's current (December 19, 1980) regular hourly rate of pay and paid with interest at retirement, layoff or to his/her beneficiary, as designated by Public Employee's Retirement System records if the employee dies while employed. 39,101 Employees who retire shall receive service credit for all hours up to one hundred seventy-five. 39.102An employee who has more than ten (10) years of continuous City service may elect once each calendar year to receive all or a portion of his/her Employee Sick Leave Trust Fund amount. When requested, such payments may be diverted to the employee's Deferred Compensation account, within limits established by law or paid in cash by separate check subject to standardized withholding taxes. When partial payment is requested, the amount shall not be less than 25% of the balance, and a maximum of four (4) such 32 AMEA Clerical 10/4196 - 9/28/00 partial payments shall be allowed with the fourth payment paying the entire remaining balance in the account. 39.11 If two or more periods of total disability occur during a specific six month elimination period for the insured L TD plan, all such periods shall be considered as one period of continuous total disability under the following conditions: 39.111 All periods of total disability must be due to the same cause or causes; and 39.112 All recurring periods of total disability that qualify as one period of continuous total disability for the insured L TO plan, shall qualify as one period of continuous total disability for the ANAHEIM Disability Plan and shall not require a new one-month waiting period before ANAHEIM Disability Benefits will be paid; and 39.113 Commencement of the benefit period for the insured L TO plan shall automatically terminate benefits from the ANAHEIM Disability Plan, ARTICLE 40 VACATION 40.1 Regular, full-time employees with an average work week of forty (40) hours shall receive annual vacation with pay in accordance with the following provisions which. 40.11 For the first four years of continuous, full-time service such employees shall accrue paid vacation at the rate of four (4) hours for each complete biweekly pay period plus two (2) hours of paid vacation at the close of the final complete biweekly pay period of each fiscal year (106 hours or 13.25 working days per year). 40.12 Upon completion of four years of continuous, full-time service, such employees shall accrue paid vacation at the rate of five (5) hours for each complete biweekly pay period (130 hours or 16.25 working days per year). 40.13 Upon completion of eight years of continuous, full-time service, such employees shall accrue paid vacation at the rate of six (6) hours for each complete biweekly pay period (156 hours or 19.5 working days per year). 40.14 Upon completion of fourteen years of continuous, full-time service such employees shall accrue paid vacation at the rate of seven (7) hours for each complete biweekly pay period (182 hours or 22.75 working days per year). 40.15 Upon completion of nineteen years of continuous, full-time service, such employees shall accrue paid vacation at the rate of eight (8) hours for each complete biweekly pay period (208 hours or 26 working days per year). 33 AMEA Clerical 10/4196 - 9/28/00 40.2 Paid vacations shall continue to accrue in accordance with the above provisions during any period of leave with pay. All vacations shall be scheduled and taken in accordance with the best interests of ANAHEIM and the department or division in which the employee is employed. The maximum amount of vacation that may be taken at any given time shall be that amount that has accrued to the employee concerned, The minimum amount of vacation that may be taken at any given time shall be one half (%) hour. 40.3 An employee shall be eligible to take any accrued vacation upon completion of thirteen (13) complete biweekly pay periods of service. 40.4 Each employee shall have one half (%) hour deducted from their 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 work week of forty (40) hours shall be as follows: 40.51 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. 40.52 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, 40.53 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. 40.54 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. 40.55 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. 40.6 Upon termination, an employee shall be compensated in cash at their current rate of pay for any vacation accrued but not taken, provided the employee has successfully completed their probationary period. 34 AMEA Clerical 1 0/4196 - 9/28/00 40.7 In the event that any recognized holiday occurs during any employee's vacation, the holiday shall not be charged against the employee's accrued vacation. The only vacation hours that shall be charged against any employee's accrued vacation shall be those hours that the employee is regularly scheduled to worle 40.8 An employee shall be eligible on an annual basis to be compensated at their regular rate of pay for up to two (2) weeks (80 hours) vacation accrued by not taken, subject to the following provisions: 40.81 A minimum of eighty (80) hours of vacation must have been used during the previous payroll year. 40.82 An employee's request for the annual vacation payoff is subject to the approval of the employees department head. 40.83 Payment shall be made in January of each year. ARTICLE 41 OVERTIME - GENERAL 41.1 A full-time employee who performs authorized work in excess of their normal work period, regular work week, work day or shift shall be compensated for such work at the rate of one and one half (1 Y:z) times their regular hourly rate of pay. 41.11 Overtime shall be calculated to the nearest one quarter (%) hour of overtime worked, except any overtime of less than one half (Y:z) hour duration shall be calculated to the nearest one half (Y:z) hour. 41.12 All overtime must be authorized by the appropriate division head. 41.2 Notwithstanding the overtime provisions of ARTICLE 41, there shall be no compensation for the time spent in attending meetings of any kind which are for the purpose of education or training, unless required by law, ARTICLE 42 BILINGUAL PAY 42.1 Employees required to speak, read and/or write in Spanish or other languages, as well as English, and including sign language as part of the regular duties of their position will be compensated at the rate of sixty dollars ($60.00) per pay period in addition to their regular pay. 42.11 The appropriate department head shall designate which positions shall be . assigned bilingual duties and which languages shall be eligible for bilingual pay. 35 AMEA Clerical 1 0/4196 - 9/28/00 42.12 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. 42.13 Bilingual pay eligibility shall continue in accordance with the above provisions during any period of leave with pay. ARTICLE 43 CALL-OUT 43.1 Call out compensation shall be in accordance with the following provisions: 43.11 All emergency call-out time shall be calculated to the nearest one quarter (%) hour of time worked. 43.12 When an employee is called out for emergency work, they shall be paid at the rate of one and one-half times their regular rate of pay for such emergency work. 43.2 A minimum of three (3) hours (including travel time) of pay at the rate of one and one-half times the employee's regular rate of pay shall be guaranteed for each emergency call-out. 43.3 Forty-five minutes time shall be added to the time worked to compensate the employee for travel time incurred for each emergency call-out. 43.4 A minimum of two (2) hours pay at the rate of one and one-half times the employee's regular rate of pay shall be guaranteed for planned overtime, except when such overtime occurs immediately before or after a regular work period. ARTICLE 44 SHIFT DIFFERENTIALS 44.1 All eight-hour periods, regularly scheduled to begin at 3:00 p.m., or thereafter, but before 3:00 a.m. shall be designated as night shift, provided however that ANAHEIM employees in classifications set forth in Appendix "A" who work the 2:30 p.m. to 11 :00 p.m. shift at the Anaheim Police Department will also be designated as being on the night shift. 44.11 A premium of 5.0% of the employee's regular hourly rate of pay shall be paid for work performed in the night shift. 44.12 A premium of 5,0% of the employee's regular hourly rate of pay shall be paid for each hour worked in his regular rate of pay between 3:00 a,m. and 6:00 a.m. 36 AMEA Clerical 1014196 - 9/28/00 44.13 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. 44.131 When an employee is required to work continuously without a break beyond the end of his night shift, the overtime rate shall be applied to the applicable shift premium, 44.14 Shift premium shall be payable only for hours actually worked and shall not be paid for non-work time, such as vacations, holidays, sick leave, etc. ARTICLE 45 SHORT SHIFT CHANGE 45.1 Short shift changes as defined herein shall be compensated at the rate of one and one half the employee's regular rate of pay. 45.11 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. 45.12 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. 45.13 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 work week. 45.14 No overtime compensation shall be paid for any hours worked on a second shift in any twenty-four (24) hour period, which hours are worked as a result of the regular shift rotation or which hours are worked as a result of shift changes or changes in days off mutually agreed upon by employees for their convenience. Any changes in days off must be in the same work week. ARTICLE 46 STAND BY 46.1 An employee assigned to standby duty for purposes of being on call to handle emergency situations arising at times other than during normal working hours shall be guaranteed two (2) hours of pay at their regular hourly rate of pay for each calendar day of such standby duty. 37 AMEA Clerical 1 0/4196 - 9/28/00 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. 48.11 An employee shall be provided with two adequate meals if he/she is called out on emergency overtime work one (1) hour before a scheduled work day. If a meal has been earned under another section of this Article within two (2) hours of the scheduled work day, only one meal shall be provided under this section. 48.12 An employee will be provided one meal if h/she is called back to emergency overtime work within one and one-half (1~) hours after normal quitting time and works beyond two and one-half (2~) hours after normal quitting time. 48.13 An employee shall be provided an adequate meal if he/she works two (2) hours overtime beyond the normal quitting time. 48.14 An employee shall receive one meal if he/she is scheduled to work overtime two (2) hours before a regular day. 48.15 An employee shall be provided an adequate meal at four (4) hour intervals during the performance of emergency overtime work. 48.16 Meal time shall be compensated at the appropriate overtime rate and shall normally be limited to one half (~) hour with a maximum of forty-five minutes paid meal time. 48.17 An employee may at their request, be compensated for meals at the rate of one-half (~) hour of overtime pay per meal. 38 AMEA Clerical 10/4196 - 9/28100 ARTICLE 49 CERTIFICATION PAY 49.1 Employees in the following job classes shall receive emergency medical dispatcher certification pay upon certification as an Emergency Medical Dispatcher by the National Academy of Emergency Medical Dispatch of the United States of America: Fire Communications Shift Supervisor Fire Dispatcher I Fire Dispatcher II 49.11 The effective date of emergency medical dispatcher certification pay shall be the first day of the pay period following verification of eligibility. Upon an employee'S initial; certification, the employee will be eligible for emergency medical dispatcher certification pay until hislher certification expires. Eligibility for certification pay will continue only if the employee is periodically recertified as provided by the County of Orange Emergency Medical Services/State of California. 49.12 Emergency medical dispatcher certification pay shall be $.58 per hour, effective the first pay period following City Council approval. Employees employed on July 1, 1994, shall be eligible to receive emergency medical dispatcher certification pay immediately upon verification of eligibility. 49.2 Employees in the following job classes shall receive Auto Parts Specialist certification pay upon certification as a Parts Specialist by the National Institute for Automotive Service Excellence: Automotive Parts Specialist 49.21 Auto parts specialist certification pay will be paid once each fiscal year during the pay period that includes November 16, Upon an employee's initial certification, the employee will be eligible for auto parts specialist certification pay for that fiscal year immediately upon submission of verification. Eligibility for annual certification pay will continue only if the employee is recertified as provided by The National Institute for Automotive Service Excellence. 49.22 Auto parts specialist certification pay shall be $500,00 49.23 Probationary employees are not eligible for Auto Parts Specialist certification pay. 49.24 Only full-time regular employees are eligible for Auto Parts Specialist certification pay. 39 AMEA Clerical 10/4196 - 9/28/00 ARTICLE 50 GRIEVANCE - GENERAL 50.1 The dispute resolution procedures set forth in this Article are intended for use by ANAHEIM and the AMEA as the parties to this Memorandum of Understanding. No grievance may be brought under this Article unless specifically authorized in writing by the AMEA, Nothing herein is intended to restrict or limit any employee from exercising any right he or she may otherwise possess under the law, independent of this Memorandum of Understanding. 50.2 Any alleged violation of the terms and conditions of this agreement or any alleged improper treatment of an employee, or any alleged violation of commonly accepted safety practices and procedures brought forward by the AMEA shall be considered to be a matter subject to review through the grievance procedure and settled in accordance with the provisions of this Article. ANAHEIM and the AMEA may mutually agree that any alleged violation of the memorandum of understanding that requires interpretation of the MOU language or a past practice shall first be submitted to non-binding mediation, prior to any submission to arbitration. This language is not intended to impede or delay the arbitration process. 50.21 ARTICLE 28.5 provides for an accelerated procedure under the provisions of this Article when an employee is dismissed, 50.22 Disputes related to benefits and procedures provided for under the Workers' Compensation Laws of California, or which fall within the jurisdiction of the Workers' Compensation Appeals Board are not subject to the grievance procedure. 50.23 Employees rights to representation in grievance matters under the provisions of ARTICLE 50.2 above shall be limited in the following manner: No supervisor shall be represented in grievance matters by an employee whom he or she may supervise. No employee shall be represented in grievance matters by a supervisor for whom he or she may work, 50.3 The staff officials of ANAHEIM will not recommend any revision or modification to the grievance procedure without first discussing such recommendations with the AMEA. 50.4 Any violation of this Memorandum as alleged by ANAHEIM shall be resolved between authorized representatives of ANAHEIM and the AMEA. In the event that the parties cannot resolve the dispute, the dispute shall, upon the request of either ANAHEIM or AMEA, be referred to an impartial arbitrator for a final and binding decision. 50,5 All expenses of any arbitration shall be borne equally by ANAHEIM and the AMEA. 40 AMEA Clerical 10/4196 - 9/28/00 50.6 Employee grievances submitted by AMEA to ANAHEIM shall be handled in the following manner. 50.61 First Step, An attempt shall be made to adjust all grievances on an informal basis between the employee, his or her AMEA representative, and a supervisor in the employee's chain of command, up to and including his or her manager, within seven (7) working days after the occurrence of the incident involved in the grievance. The manager shall deliver his or her answer within seven (7) working days after conducting the Step I meeting. 50,611 Grievances resulting from the actions of a department other than an employee's work unit shall be heard by an appropriate Administrative Manager from that department. 50.62 Second Step. If the grievance is not adjusted to the satisfaction of the AMEA in the First Step, it shall be submitted in writing to the employee's department head or Administrative Manager within seven (7) working days after the Step One answer is received by AMEA. The Department Head or Administrative Manager shall meet with the employee and his or her AMEA representative within ten (10) working days after submission of the grievance to him. The Department Head or Administrative Manager shall review the grievance and may affirm, reverse, or modify as deemed appropriate, the disposition made at the First Step and the Second Step answer shall be delivered to the AMEA within seven (7) working days after said meeting. 50.621 Grievances resulting from the actions of a department other than an employee's work unit shall be heard by an appropriate Department Head or Administrative Manager from that department. 50.63 Third Step. If the AMEA is not satisfied with the answer to the Second Step, it shall be submitted to an impartial arbitrator for a final and binding decision or, if the City Manager and the AMEA agree, it shall be submitted to the City Manager for a final and binding decision. Such submission must occur within thirty (30) days after the Second Step answer is received. 50.631 The parties (ANAHEIM and AMEA) may mutually agree to submit a grievance to non-binding mediation, prior to submission to arbitration. This language is not intended to impede or delay the arbitration process. 50,7 If submitted to the City Manager, the City Manager or his assistant shall meet with the employee and his AMEA representative within ten (10) working days after submission of the grievance to him. The City Manager or his assistant may affirm, reverse, or modify as deemed appropriate, the disposition made at the Second Step. 50.8 The City Manager or his assistant shall deliver his or her decision to the AMEA . within five (5) working days after said meeting, and such decision shall be final and binding on both parties. 41 AMEA Clerical 1 0/4196 - 9/28/00 50,9 In order to proceed to arbitration, either ANAHEIM or AMEA shall serve written notice to the other party specifying the grievance to be submitted. 50.91 Such written notice must be submitted no later than thirty (30) calendar days after the Step Two answer is received by the other party. 50.92 ANAHEIM and AMEA shall thereafter attempt to resolve the issue and select an impartial arbitrator. If an arbitrator cannot be agreed upon, ANAHEIM and AMEA shall request a panel from the American Arbitration Association or any other mutually agreed upon provider. If ANAHEIM and/or AMEA fail(s) to submit jointly, or separately, the issue to the agreed upon arbitrator, the American Arbitration Association or any other mutually agreed upon provider within thirty (30) calendar days after the written notice to proceed to arbitration is received, then either ANAHEIM or AMEA may take action to compel arbitration. Failure to take action to compel arbitration within sixty (60) calendar days after written notice to the other party specifying the grievance to be submitted will conclusively be deemed abandonment of the right to compel arbitration. 50.10 The arbitrator's decision shall be final and binding on both ANAHEIM and AMEA, it being agreed that the arbitrator shall have no powers to add to or subtract from, nor to modify any of the terms of any memorandum of understanding between ANAHEIM and the AMEA and that the arbitrator's award shall be consistent with and controlled by this Memorandum, Ordinances and Charter of the City of Anaheim, and the laws and Constitution of the State of California. 50.11 The arbitrator will be requested by the parties to render his decision in writing as quickly as possible but in no event later than thirty (30) calendar days after the conclusion of the hearings, unless the parties agree otherwise. 50.111 Any grievance not presented and/or carned forward by the AMEA within the time limits specified in this Article shall be deemed null and void, provided, however, AMEA and ANAHEIM may agree to continue said time limits, 50.12 Any adoption, deletion, or revision of ANAHEIM policy as may be suggested or recommended by any employee or employee organization shall not be considered to be a matter subject to review through the grievance procedure. 50.13 An employee who has been suspended, demoted, or dismissed may be reinstated to their position as a result of a successful appeal through the grievance procedure. In the event of such reinstatement, the employee shall be returned to their former status of employment, including reinstatement of seniority and accrued fringe benefits. In such cases, the City Manager may order the payment of back pay to an employee reinstated, by either the City Manager or an impartial arbitrator, in any amount up to payment for the full period of time involved. In implementing a Step III award, the City Manager shall order the payment of back pay to a reinstated employee in the amount provided in the Step III award. It shall be conclusively presumed that there is no award of back pay to a reinstated employee unless specifically set forth in the Step III award. Any earnings of the reinstated employee 42 AMEA Clerical 10/4196 - 9/28/00 from other employment during their period of suspension shall be deducted from the amount of back pay awarded. ARTICLE 51 INSURANCE 51.1 Health Insurance 51.11 ANAHEIM agrees to offer the Kaiser Foundation Health Plan and other prepaid and/or insured health plans recommended by the Joint Committee on Medical Programs and approved by the City Council. Health Maintenance Organization (HMO) benefit schedules shall be standardized to the extent possible, and shall require a $5 copayment for outpatient and physician services, and for prescription drugs. 51.12 ANAHEIM and Employee Contributions 51.121 ANAHEIM Contributions 51.1211 100% of the monthly rate of all approved HMO plans but not to exceed 100% of the Kaiser monthly rate. 51.1212 100% of the monthly rate of all other health plans but not to exceed 110% of the Kaiser monthly rate. Employees who are covered by other health plans may present proof of such coverage in order to receive $100 per month in lieu of health benefits provided herein. In the event an employee who has elected this option loses health coverage for any reason, and notifies ANAHEIM of such loss within five (5) working days, he/she may enroll immediately in any plan offered by ANAHEIM. Employees may re-elect the "opt-our option annually during open enrollment, or may enroll in a City sponsored health plan. 51.1213 ANAHEIM shall during the term of this Memorandum pay an amount equal to 100% of the current monthly Safeguard rate. In the event the Safeguard Dental Plan is canceled during the term of this agreement, ANAHEIM shall during the remaining term of this agreement pay the rate in effect at the time of cancellation. 43 AMEA Clerical10J4196 - 9/28/00 51,122 Employee Contributions 51.1221 Employees who select a prepaid or insured medical plan other than Kaiser shall be required to pay the difference between the total cost of the plan and the City contribution schedule established in ARTICLE 50.121. 51.1222 Employees who select a dental plan other than Safeguard will be required to contribute an amount equal to 100% of the excess amount over the 1984 Safeguard monthly rate. 51.13 The Employee Medical Plan shall be described in a booklet which shall become a part of this Memorandum by reference. ANAHEIM and the AMEA-agree that the Employee Medical Plan shall be replaced by an acceptable alternative plan on or before January 1,1997. 51.14 For all medical plans, married Anaheim employee couples shall be allowed only one medical plan and only one dental plan to cover all family members, and 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-our payment provided in section 50.1212. 51.15 Proof of marriage will be required of all employees enrolled in any City Medical plan to enroll a dependent spouse. 51.16 The Master contract between ANAHEIM and the plan administrator shall govern in the event of any disputes over any matter within the provisions of the contract. 51.17 The benefit schedules for the prepaid HMO health plans will not be modified unilaterally by ANAHEIM, except that each company may, from time to time, make revisions to master contract language or impose minor benefit modifications. 51.2 life Insurance 51.21 For life Insurance ANAHEIM agrees to provide group term life insurance during the term of this Memorandum according to the following schedule: Annual Salary $ 0 - $ 5000 5001- 10000 10001- 15000 15001 - 20000 20001 - orabove Volume $ 5000 10000 15000 20000 25000 Dependent coverage with an insurance volume up to $1000 per dependent may be added to the life insurance coverage at the option of the employee. 51,211 ANAHEIM agrees to provide supplemental term life insurance equal to the amount provided in accordance with ARTICLE 51.21, One hundred 44 AMEA Clerical 1 0/4196 - 9/28/00 percent (100%) of the cost of the supplemental term life insurance shall be paid by the employee. 51.22 ANAHEIM shall contribute one-half (1/2) the cost of the premium for group term life insurance and dependent coverage, The employee shall contribute the difference between the ANAHEIM contribution and the total premium cost. 51,23 An employee who retires shall receive a paid-up life insurance policy, paid for wholly by ANAHEIM, with a face value of $100.00 for each complete year of service and $50.00 for more than six months, but less than a complete year of service up to a maximum of $2,000.00 51.24 Permanent and Total Disability Ufe Insurance Benefit. 51.241 Employees eligible to retire: Such employee who is permanently and totally disabled shall receive the following Ufe Insurance benefit: (a) $100 paid up life insurance for each year of service as provided under the Retired Ufe Insurance Program, (b) Decreasing term life insurance in the amount of the employee's Basic Ufe insurance less the paid up life insurance described above. Such term life insurance shall decrease by 1/60 of the adjusted value each month until the face value of such insurance reaches zero (5 years). (c) The permanently and totally disabled employee will pay no premium during the term of this benefit. 51.242 Employees not eligible to retire: Such employee shall receive the following Ufe Insurance benefit: (a) Decreasing term life insurance in the amount of the employee's Basic Ufe Insurance. Such term insurance shall decrease by 1/60 of the original amount each month until the face value reaches zero (5 years). (b) The permanently and totally disabled employee shall pay no premium during the term of this benefit. 51.3 Lona Term Disability Benefits 51.31 ANAHEIM agrees to pay for long term disability insurance during the term of this Memorandum. 51.32 An employee shall not be eligible to receive long term disability benefits until he/she has completed one (1) year of service. 45 AMEA Clerical 1 0/4196 - 9128/00 51.4 Dental Plans 51.41 ANAHEIM agrees to continue sponsorship of the fee for service dental plan. 51.42 ANAHEIM agrees to continue sponsorship of prepaid dental plans. 51.5 Short Tenn Disabilitv 51.51 ANAHEIM agrees to continue sponsorship of the employee paid short-tenn disability insurance coverage for presently enrolled employees during the tenn of this Memorandum. 51.52 ANAHEIM agrees to provide the existing Short Tenn Disability plan in accordance with 39.3. ANAHEIM agrees to pay ANAHEIM'S portion of medical, dental, life, and optical insurance while absent due to illness or injury and while collecting short tenn disability benefits. 51.6 Pensions 51.61 ANAHEIM agrees to amend its' contract with PERS to provide the following benefits: a) Military Buyback (Government Code Section 20930.3). b) Fourth Level 1959 Survivor Benefits (Government Code Section 21382.5). 51.611 ANAHEIM agrees to implement procedures to amend the PERS Miscellaneous Plan for Anaheim City, Employer Number 303, to reflect a retirement benefit level to be effective July 7,2000, of 2% at 55 contingent upon agreement being reached by March 20, 1998, with all bargaining units representing miscellaneous employees. If agreement is not reached by March 20, 1998, with all bargaining units representing miscellaneous employees, ANAHEIM will not amend the PERS Miscellaneous Plan for Anaheim City, Employer Number 303, to reflect a retirement benefit level to be effective July 7,2000, of 2% at 55. ANAHEIM will instead implement a 3% General Wage Adjustment to be effective July 7, 2000, for all classifications listed in Appendix "A." 51.62 ANAHEIM shall contribute 7% (seven percent) of the employee contribution for retirement benefits for employees currently making a 7% (seven percent) contribution and ANAHEIM shall contribute 9% (nine percent) of the employee contribution for retirement benefits for employees currently making a 9% (nine percent) contribution in accordance with the provisions of the contract between ANAHEIM and the Public Employees' Retirement System. 51.63 ANAHEIM shall contribute a portion of the cost of employee survivors' benefits in accordance with the provisions of the above contract. 46 AMEA Clerical 10/4196 - 9/28100 51.64 The contract between PERS and ANAHEIM and all the amendments there to as it applies to employees in classifications listed in Appendix "A" shall become a part of this Memorandum by reference. ARTICLE 52 POST RETIREMENT MEDICAL BENEFITS 52.1 Regular, full-time employees in the classified service in classifications listed in Appendix "A", who are enrolled as subscriber in an ANAHEIM sponsored health plan at the time of separation from ANAHEIM service shall be eligible to participate in any ANAHEIM sponsored health (medical benefits only) plan as a retiree. As of January 1, 1995, regular, full-time employees in the classified service in classifications listed in Appendix "A", who are enrolled as subscriber in an ANAHEIM sponsored dental plan at the time of separation from ANAHEIM service and all retirees who were actively employed on or after January 1, 1988, who are enrolled as a subscriber in any ANAHEIM sponsored health plan shall also be eligible to participate in any ANAHEIM sponsored dental plan as a retiree. 52.11 Employees who retired prior to January 1, 1988, who were eligible for post retirement health benefits at the time of their separation from ANAHEIM service and who maintain continuous membership in good standing shall pay monthly premiums in accordance with the following schedule: Single coverage Two party coverage Family coverage 15.00 monthly 15.00 monthly 45.00 monthly 52.12 The surviving spouse of the retiree may continue coverage under the same tenns and conditions, 52.13 Employees who were hired prior to January 1, 1984, and who retire on or after January 1, 1988, and prior to January 1, 1994, and who meet the requirements described below shall be eligible to participate in any ANAHEIM sponsored medical and/or dental plan. 52.131 The employees must have completed at least five (5) years of continuous, full time ANAHEIM service on the date of retirement, and 52.132 The employee must have been awarded a retirement from the Public Employees' Retirement System ("PERS") as the reason for separation from ANAHEIM service, and 52.133 PERS retirement benefits must commence no later than the first day of the month following the date of separation from ANAHEIM service. 52.134 ANAHEIM shall contribute towards the premium costs of any ANAHEIM sponsored health plan elected by the employee up to the 47 AMEA Clerical 1 0/4196 - 9/28100 amount contributed by ANAHEIM towards the cost of the Employee Medical Plan Option I in the year prior to the employee's retirement. 52.135 ANAHEIM shall contribute towards the premium costs of any ANAHEIM sponsored dental plan elected by the employee up to the amount contributed by ANAHEIM towards the cost of the Safeguard Dental Plan in the year prior to the employee's retirement. 52,136 The surviving spouse of the retiree may continue coverage under the same terms and conditions. 52.14 Employees who retire on or after January 1, 1988, and who meet the requirements described below shall be eligible to participate in any ANAHEIM sponsored health plan. 52.141 The employees must have completed at least ten (10) years of continuous, full time ANAHEIM service on the date of retirement, and 52.142 The employee must have been awarded a retirement from PERS as the reason for separation from ANAHEIM service, and 52.143 PERS retirement benefits must commence no later than the first day of the month following the date of separation from ANAHEIM service, OR 52.144 The employee must have been awarded a disability retirement (Ordinary or Industrial) from PERS as the reason for separation from ANAHEIM service. 52.145 ANAHEIM shall provide separate contributions towards the premium costs of the ANAHEIM sponsored medical and/or dental plans elected by the employee according to the following schedule: 52.1451 For Service Retirements, the contributions shall be a percentage of the annual contributions made by ANAHEIM on behalf of active employees, the percentage equal to one and one half (1.5) times the miscellaneous 2% at 60 PERS retirement schedule to a maximum contribution of 95% based on the employee's age and consecutive years of Anaheim service at the time of retirement. ANAHEIM service and the retiree's age shall be calculated to the nearest complete one quarter year. 52.1452 For Disability Retirements, the contribution shall be a percentage of the annual contributions made by ANAHEIM on behalf of active employees, the percentage equal to 2% for each year of service to a maximum contribution of 95% based on the employee's consecutive years of Anaheim service $hall be calculated to the nearest complete one quarter year. 48 AMEA Clerical 10/4196 - 9/28/00 52.1453 In the event an employee is eligible for both a Service and a Disability Retirement benefit under this Article, the employee shall receive the Service Retirement benefit. 52.1454 The ANAHEIM contribution shall be based on the Two party or Family rate only for those employees who properly enroll a dependent spouse and/or other family members prior to retirement, and shall continue only as long as the retiree maintains coverage for such dependents in ANAHEIM sponsored health plans. Nothing in this Article shall prevent a retiree from properly enrolling new dependents at the retiree's cost. 52.1455 The full value of any MediCare credits provided to ANAHEIM or MediCare surcharges imposed on ANAHEIM by virtue of a retiree's participation or non-participation in MediCare shall be passed on to the retiree in the fonn of reduced or increased premium costs. 52.1456 The surviving spouse of the retiree may continue coverage under the same tenns and conditions provided that the surviving spouse was properly enrolled at the time of the employee's retirement and that dependent coverage was continuously maintained during the employee's retirement. 52.15 Any employee who retires from ANAHEIM service and who is eligible to receive a benefit under this Article may elect any benefit for which they are eligible at the time of retirement. Such election shall be irrevocable. 52.16 The following conditions shall apply to all retirees who have post retirement medical benefit coverage under this Article: 52.161 Once canceled for any reason coverage shall not be reinstated. 52.162 Coverage shall be canceled for non payment of fees after three months in arrears, 52.163 There shall be Coordination of Benefits where other insurance exists. 52.164 Retirees may change plans and add dependents only during the annual open enrollment period, except that the surviving spouse of a retiree may not enroll a new spouse. 52.165 Vision Care benefits provided under the Employee Medical Plan are excluded from benefits for retired employees. 49 AMEA Clerical 1 014196 - 9/28/00 ARTICLE 53 PHYSICAL EXAMINATIONS 53.1 In order to be eligible for employment with ANAHEIM, candidates shall be required to pass a physical examination, the character of which shall be in accordance with standards established by the Human Resources Director, 53.2 In order to be eligible for promotion or transfer to a job class in a category requiring greater physical qualification than his present job class, any employee must pass the appropriate physical examination. 53.3 Any employee who returns to work after an absence in excess of forty-eight (48) consecutive working hours due to illness or physical incapacity may be required by his department head to undergo a physical examination. 53.31 Any employee who fails to pass a physical examination required under the provisions of ARTICLE 53.3 may be transferred or demoted to a position requiring lesser physical qualifications, recommended for disability retirement. or terminated. 53.4 All physical examinations required under the provisions of this Article shall be performed by a physician in active practice licensed by California State Law and within the scope of his practice as defined by California State Law. 53.41 Exceptions to the provisions of ARTICLE 53.4 may be made only in the case of out-of-state candidates for employment. In such cases. the physician performing the examination may be a physician licensed by the state in which the candidate resides. 53.5 ANAHEIM shall pay for any physical examination required under the provisions of this Article. ARTICLE 54 JOINT COMMITTEE ON MEDICAL PROGRAMS 54.1 The parties to this agreement. in recognition of the need to provide an adequate level of medical care coverage at a reasonable cost to ANAHEIM and its employees hereby agree to the formation of a committee to analyze current ANAHEIM sponsored medical programs, review alternative approaches to plan design and providing medical care programs. and investigate cost containment systems. all for the purpose of aChieving adequate low-cost medical care for the employees of ANAHEIM. 54,2 Serving on the committee with Human Resources Department staff and operating Department management staff will be two members from the Anaheim Municipal Employees Association (Clerical Employees Unit), 50 AMEA Clerical 1 0/4196 - 9/28/00 54.3 This committee will meet as often as is necessary during the life of this agreement and will report to the Human Resources Director on a periodic basis its findings and recommendations for changes to ANAHEIM'S present medical programs. A report shall be prepared setting forth specific recommendations as to alternatives, plan design, and cost containment provisions. The report shall be forwarded to the City Manager for review. 54.4 Because of the complexity of the problem and the diverse interests of the respective organizations, the parties recognize that it is incumbent upon all members of the committee to work in a spirit of harmony and cooperation to achieve what should be beneficial to all concerned, ARTICLE 55 AGENCY SHOP 55.1 ANAHEIM agrees to implement an agency shop in accordance with Section 3502.5 of the Government Code. ARTICLE 56 NOTIFICATION OF CONTRACTING OUT 56.1 ANAHEIM agrees to notify the AMEA of possible contracting out of City work or services if such contracting out will have a significant long term impact on work performed by employees in classifications represented by the AMEA. 56.11 Such notification will be given before a decision to contract out is made; and 56.12 AMEA will have an opportunity to comment prior to a determination by ANAHEIM to enter into contracting arrangements, ARTICLE 57 NO STRIKE 57.1 The AMEA agrees that under the terms of this Memorandum, AMEA and/or its members shall not conduct any strikes, slow-downs or other work stoppages against ANAHEIM, or to withdraw from assignments to standby duty during any grievance or dispute which may arise out of the application or interpretation of the terms or conditions of this Memorandum or any matter subject to review through the grievance procedure. 51 AMEA Clerical 1 0/4196 - 9/28/00 ARTICLE 58 CONSTRUCTION 58,1 Nothing in this agreement shall be construed to deny any person or employee the rights granted by Federal and State laws and City Charter provisions, The rights, powers and authority of the City Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by this agreement. The provisions of this agreement are not intended to conflict with the provisions of Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500, et seq.) as amended in 1982. ARTICLE 59 SAVINGS CLAUSE 59.1 The resolution of ANAHEIM shall provide that if any provision of this Memorandum or the resolution is at any time, or in any way, held to be contrary to any law by any court of proper jurisdiction, the remainder of this Memorandum and the remainder of the resolution shall not be affected thereby, and shall remain in full force and effect. ARTICLE 60 DURATION 60.1 The terms of this Memorandum are to remain in full force and effect until the 28th day of September 2000. Upon adoption of a resolution approving this Memorandum and the terms hereof by the City Council of the City of Anaheim, this Memorandum shall be in full force and effect as of the 4th day of October, 1996. STAFF OFFICIALS OF THE CITY OF ANAHEIM, a Municipal Corporation ~~ By: ~ By: ~;4~ -' - By: fj,p~ tIJ+-r Dated: /- ~ 7 . 9~ ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION CLERICAL EMPLOYEES B B By: By: Dated: /-a-7-' P 52 AMEA Clerical 1 0/4196 - 9/28/00 APPENDIX "A" WAGES LABOR MARKET WAGE EQUITY ISSUES Effective October 1, 1999, ANAHEIM and UNION agree to meet and confer concerning labor market wage equity issues. ANAHEIM and UNION agree that modifications to Appendix "A" Wages effective December 10, 1999, or thereafter shall be recommended only when there is mutual agreement ANAHEIM and UNION agree that any agreement reached shall be created by Letter of Understanding and submitted to the City Council for determination. App. 1-1 APPENDIX "A" WAGES LABOR MARKET WAGE EQUITY ISSUES Effective October 1.1999. ANAHEIM and UNION agree to meet and confer concerning labor market wage equity issues. 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CJ) NCJ)NCJ) NCJ)CJ) CJ)NCJ)CJ) CJ) CJ) NCJ) I.L. :Ju.:Ju. :Ju.u. u.:Ju.u. u. u. :Ju. :J :J :J :J:J :J :J:J :J :J :J s:: o ;: C'll o !E (II (II C'll o ~ ]! ~g c: ~ ~]! ~~ ~ ~~ e ~i ~ ~ ~~ ~ ~8. ~ ~~Vj ~ TI - Q) ~ 0.- _~ ~O- ~_ OQ)Q) 0. 0 000 ~5~~Q)Q)- IIlB~ 0.c:0 0 ~1Il ~Vj.~wQ)o.o.~ Q)C'llCJ) ~CJ) .2~ ~1Il ===-=-::JCJ)U U~ VjC1l Q) 0 t'll~ gg ~~~~~~~~i ~8.~ ~~~~ i ~]!l~ ~~~~~~Q)~Q)!!!il~~g~ ~~:~~1Q)8~l80 ~~~: CII~~C:S:: ~ Q)-~5~- Q) ~~ -t'll~::J~.c"5I1l~~~lS~~~~ eC:CJ) CJ)CO::~Q)~ CuSS ~TI~eES-'E'E'E'E~~~l::J OWVj~lSlSlSl~ ~l~~ o.8.~EE~~88880~~s::@~~~~~~=~o~~lQ)CJ)lSlS ::JCJ)I-OO__Q)Q)Q)C1l 0 - ~-OO ~-:>Q)-UC1l00 CJ) UUCCo:::o:::o::o:::~~~;<(UUCv-l a.a..a..CJ):>Q) ~~~ == fr~~t'll~~~~~~~~~~~~~~ea.a.. lSeelSlSlSlS8888-8.8.e~~~~~~~~~~~~M~~~~ ~O-~~~~~~~~~~~ee~~~~~~~~~~~~~~~~!! a..a..a..a.a..a..a..a.a..a..a..a..a..0:::CJ)CJ)CJ)CJ)CJ)CJ)CJ)CJ)CJ)CJ)CJ)CJ)CJ)CJ):>:>:> LETTER OF UNDERST1\NDING BETWEEN THE ANAHEIM MUNICIPAL EMPLOYEBS ASSOCIATION CLERICAL UNIT AND THE CITY OF ANAHEIM The Anaheim Municipal Employees Association (AMEA), Clerical Unit, and the City of Anaheim, after meeting cmd conferring, have reached an understanding on the wages, hours, and other terms and conditions of employment for employees assigned by management to work the Police Communications Twelve Plan, as follows: POLICE COMMUNICATIONS TWELVE PLAN ANAHEIM and AMEA agree that employees may be assigned to a Police communications Twelve Plan alternate work schedule in order to reduce trips to and from work. Such an alternate work schedule shall not reduce service to the public. ANAHEIM and the Anaheim Municipal Employees Association agree that the regular work schedule. for employees assigned to the Police Communications Twelve plan by management shall be six (6) twelve (12) hour work days and one (1) eight (8) hour work day in each bi- weekly pay period. A one-half (1f2) hour non-paid meal period shall be scheduled each work day. The schedule shall be designed and implemented by management. A work period of seven consecutive calendar days shall be assigned to each employee assigned to the Police Communications Twelve Plan. Each employee will be scheduled by management to work a regular work schedule of forty hours in each work period. Employees may be assigned to or from the police Communications Twelve Plan work schedule only effective at the beginning of a bi-weekly pay period. Employees who perform authorized work in excess of the regular work day or work week as defined in the Letter of Understanding and who are otherwise eligible for overtime pay shall be compensated for such work at the rate of one and one-half (1-1f2) times their regular hourly rate of pay. Employees who do not work on the holiday or day observed in lieu of the holiday as set forth in Article 34 of the Memorandum of Understanding shall be required to st.1bmi t a vacation request for four (4) hours for each holiday not worked. Any employee required to work on the holiday or day observed in lieu of the holiday shall receive an additional twelve (12) hours pay at his regular rate of pay or.shall accrue twelve (12) hours holiday time per holiday. Employees eligible for "imr.lediate family" bereavement leave. in accordance with Article J 3.1 shall be granted bereavement leave with pay for up to maximum of thirty-six (36) working hours. 72 Employees eligible for "other family members" bereavement leave in accordance with Article 33.1.1. shall be granted bereavement leave with pay for up to a maximum of twelve (12) working- hours. Employees shall have one (1) hour deducted from their accrued sick leave, vacation, or industrial accident leave for each hour of leave taken. Employees with a regular work day of twelve (12) hours shall be twelve (12) hours deducted from their accrued sick leave, vacation, or industrial accident leave for each regularly scheduled working day that they are on paid leave. The Police Communications Twelve Plan work schedule will be subject to a six month trial period beginning Dece~er 3, 1993. During the trial period an intensive evaluation will be made of effectiveness, efficiency, sick leave use, overtime use, employee safety and fatigue. The Police communications Twelve plan work schedule may be revoked at any time by either party upon written notice to the other party. Return to a work schedule of ten (10) eight (8) hour shifts each bi-weekly pay period will occur at the beginning of the first pay period after the notice of revocation has been received. STAFF OFFICIALS OF THE CITY OF ANAHEIM, a Municipal Corporation By: ~~ Jt./J ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, Clerical Unit 8y~/J~ (1, ~ 8/0"'~' ~(! By:. By: By: Dated: ~,~eJ, /. /99.:3 . Dated: ~ ~ /77a 93093. wp5 73 LElTER OF UNDERSTANDING betwe.n the ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, CLJ:RICAL UNIT and the. CITY OF ANAHEIM The Anaheim MunIcipal Employees Association, Clerical Unit Ind the City of Anaheim, after meeting and conferring, have reached an understanding on the wages, hours, and other terms and conditions of employment for Public Utilities Department Clerical employee. In the Conservation Unit assIgned by management to work a TEN PLAN, as follows: TEN PLAN ANAHEIM and the Anaheim Municipal Employee. AssocIation, Clerical Unit agr.. that .uch employee. may be assIgned to a TEN PLAN alternate work schedule. Such an alternat. work schedule shall not reduce service to the public. ANAHEIM and the Anaheim Municipal Employees Association agree that the regular work schedule for employees assigned to the TEN PLAN by management shall be eight (8) ten (10) hour work days In each biweekly pay period. Such schedule shall be designed and Implemented by management. A work period of seven consecutive calendar days shall be assigned to each employee assigned to the TEN PLAN. An employee will be scheduled by management to work a regular work Schedul. of forty hours In each work period. Employees who perform authorized work In exce.. of the regular work day or work week as defined In this Letter of Understanding and who are otherwise ellgibl. for overtime pay shall be compensated for such work at the appropriate overtime rate as set forth In Article 41 of the Memorandum of Understanding. Employees who do not work on the holiday or day observed In lieu of the holiday as set forth In Articl. 34 of the Memorandum of Understanding shall be required to submit a vacation request for two (2) hours for each holiday not worked. Employees eligible for bereavement leave as ..t forth In Article 33 of the Memorandum of Understanding shall be required to submit a vacation request for two (2) hours for each work day of bereIVement leave. Employee. shall have one (1) hour deduct.d from their accrued sIck I.ave. vacation, or Industrial accident leav, for .ach hour of lelY. tak.n. Employe.. with . regular work day of ten (10) hours shall have ten (10) hours deducted from their accrued sick leav., vacation, or Industrial Iccldent leav. for each regularly scheduled workJng day that they are on paId leave. . Employees may be assIgned to or from the TEN PLAN work schedule only effective at the beginning of a biweekly pay period. . 74 AMEA-Clerlc.1 Ten Plan PAGE 2. The TEN PLAN work schedule may continue by mutual agreement of both partie.. The TEN PLAN work schedule may be revoked by .rther party upon ninety (90) day. written notice 10 the oth.r party. STAFF OFFICIALS OF THE CITY OF ANAH . Municipal Corporation ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, CLERICAL UNIT By By . B~c1.Ju/-u By Dated: 7 f ':2-/7 "7- t Dated:ff /-1 /772.- 8630Cbr/C 75 LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIA~ION . CLERICAL UNIT AND TIlE CITY OF ANAHEIM The Anaheim Municipal Employees Association and the City of Anaheim, after meeting and conferring, have reached an understanding on the wages, hours, and other terms and conditions of employment for employees assiqned by management to work the Nine Plan, as follows: NINE PLAN ANAHEIM and the Anaheim Municipal Employees Association agree that employees may be assigned to a Nine Plan alternate work schedule in order to reduce trips to and from work. Such an alternate work schedule shall not reduce service to the public. ANAHEIM and the Anaheim Municipal Employees Association agree that the regular work schedule for employees assigned to the Nine Plan by management shall be eight (8) nine (9) hour work days and one (1) eight hour work day in each bi-weekly pay period. Such schedule shall be designed and implemented by management. A work period of seven consecutive calendar days shall be assigned to each employee assigned to the Nine Plan. An employee will be scheduled by management to work a regular work schedule of forty hours in each work period. Employees who perform authorized work in excess of the regular work day or work week as defined in the Letter of Understanding and who are otherwise eligible for overtime pay shall be compensated for such work at the rate of one and one half (1-1/2) times their regular hourly rate of pay. Employees who do not work on the holiday or day observed in lieu of the holiday as set forth in Article 34 of the Memorandum of Understanding shall be required to submit a vacation request for one (1) hour for each holiday not worked. Employees eligible for bereavement leave as set forth in Article 33 of the Memorandum of Understanding shall be required to submit a vacation request for one (1) hour for each work day of bereavement leave. Employees shall have one (1) hour deducted from their accrued sick leave, vacation, or industrial accident leave for each hour of leave taken. Employees with a regular work day of nine (9) hours shall have nine (9) hours deducted from their accrued sick leave, vacation, or industrial accida~t leave for each regularly scheduled working day that they are on paid leave. Employees with a regular work day of eight (8.0) hours shall have eight 76 (8.0) hours deducted from their accrued sick leave, vacation, or industrial accident leave for each regularly ~cheduled working day that they are on paid leave. Employees may be assigned to or from the Nine Plan work schedule only effective at the beginning of a bi-weekly pay period. The Nine Plan work schedule may continue by mutual agreement of both parties. The Nine Plan work schedule may be revoked by either party upon notice to the other party. By By By By Dated: 7-,1~, 9'7 ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION CLERICAL UNIT · ~4-./t1. ~.~ ~ . r By By By Dated:H /0 /7/Y / 090 77