RES-2015-172RESOLUTiON NO 2015-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING
A MEMORANDUM OF UNDERSTANDING ESTABLISHING
TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN
CLASSIFICATIONS REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES
ASSOCIATION PART -TIME UNIT
WHEREAS, Chapter 1.06 of the Anaheim Municipal Code establishes the
employer - employee relations system for the City; and
WHEREAS, Chapter 1.06, Section 1.06.100 requires Memorandum of
Understanding to be presented to the City Council for determination; and
WHEREAS, the City Council of the City of Anaheim finds that approval of a new
Memorandum of Understanding executed on May 6, 2015, between the Anaheim
Municipal Employees Association Part -Time Unit, and the City of Anaheim 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 Part -Time Unit and the City of Anaheim executed by the City
Management Representative and the Anaheim Municipal Employees Association Part-
Time Unit, on May 6, 2015, as set forth in the document attached hereto and
incorporated by reference herein, be and the same is hereby adopted and that the
effective date of such Memorandum of Understanding shall be January 4, 2014 through
January 3, 2017.
BE IT FURTHER RESOLVED that Resolution No. 2010 -024 is hereby repealed
effective January 4, 2014.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 13 day of May, 2015 by the following roll call vote:
AYES: Council Members: Murray, Brandman and Vanderbilt
NOES: None
ABSENT: Mayor Tait and Mayor Pro Tem Krin`g
ABSTAIN:
None
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PAXrF THE CITY OF ANAHEIM
AT TEST =-=
CITY CLERK OF tHE CITY OF —A
MEMORANDUM OF UNDERSTANDING
between the
ANAHEIM MUNICIPAL
EMPLOYEES ASSOCIATION
PART -TIME UNIT
and the
CITY OF ANAHEIM
January 4, 2014 through January 3, 2017
TABLE OF CONTENTS
ARTICLE2 -
PURPOSE ............................................................ ..............................4
ARTICLE3 -
RECOGNITION ....................................................
..............................4
ARTICLE4 -
EMPLOYEE RIGHTS ...........................................
..............................4
ARTICLE 5 -
MANAGEMENT RIGHTS ....................................
............................... 5
ARTICLE6 -
NOTIFICATION ....................................................
..............................5
ARTICLE7 -
CONSULTATION .................................................
..............................6
ARTICLE8 -
DISCUSSION .......................................................
..............................6
ARTICLE9 -
MEET & CONFER ................................................
..............................7
ARTICLE 10
- AMEA ORGANZATION ......................................
..............................7
ARTICLE11
- CHECK -OFF ......................................................
..............................9
ARTICLE12
- GENERAL ..........................................................
..............................9
ARTICLE 13
- PAYROLL DEDUCTIONS .................................
.............................10
ARTICLE 14
- SALARY RELATIONSHIPS ..............................
.............................10
ARTICLE 15
- COMPENSATION .............................................
.............................11
ARTICLE 16
- MULTIPLE APPOINTMENTS ...........................
.............................12
ARTICLE 17
- HOURS OF WORK AND PAY DAY ..................
.............................13
ARTICLE18
- APPOINTMENTS AND PROMOTIONS .............
.............................14
ARTICLE19
- PROBATION .....................................................
.............................14
ARTICLE20
- TRAINING .........................................................
.............................15
ARTICLE 21
- REDUCTION IN FORCE ...................................
.............................16
ARTICLE 22
- REINSTATEMENT ............................................
.............................16
ARTICLE 23
- OTHER EMPLOYMENT ....................................
.............................16
ARTICLE 24
- SERVICE PINS .................................................
.............................17
ARTICLE 25
- BILINGUAL PAY ...............................................
.............................17
ARTICLE26
- PREMIUM PAY .................................................
.............................18
ARTICLE27
- STANDBY .........................................................
.............................19
ARTICLE28
- DISCIPLINE ......................................................
.............................19
ARTICLE 29
- GRIEVANCE PROCEDURE .............................
.............................20
ARTICLE 30
- EMPLOYEE AVAILABILITY & LEAVES ...........
.............................22
ARTICLE 31
- MILITARY LEAVE .............................................
.............................23
ARTICLE 32
- TRAVEL AND MILEAGE EXPENSE ................
.............................23
ARTICLE 33 - HEALTH INSURANCE ......................................
.............................23
ARTICLE 34 - PENSIONS ........................................................
.............................24
ARTICLE 35 - PHYSICAL EXAMINATIONS ............................
.............................25
ARTICLE 36 - VACATION BENEFIT ........................................
.............................25
ARTICLE 37 - NOTIFICATION OF CONTRACTING OUT .......
.............................26
ARTICLE 38 - CONSTRUCTION .............................................
.............................26
ARTICLE 39 - SAVINGS CLAUSE ...........................................
.............................26
ARTICLE 40 - NO STRIKE .......................................................
.............................26
ARTICLE 41 - DURATION .......................................................
.............................28
APPENDIX "A" WAGES ...........................................................
.............................30
January 4, 2014 to July 2, 2015 ...............................................
.............................30
July 3, 2015 to January 3, 2017 ...............................................
.............................31
APPENDIX"B .........................................................................
.............................32
LETTERS OF UNDERSTANDING ...........................................
.............................33
ARTICLE 1 - PREAMBLE
1.1 The wages, hours, and conditions of employment that are set forth in this
Memorandum of Understanding (hereinafter WOU ") have been discussed
and jointly proposed by and between the staff officials of the City of
Anaheim (hereinafter "ANAHEIM ") and the Anaheim Municipal Employees
Association Part-Time Unit (hereinafter "AMEX) and shall apply to all the
employees of ANAHEIM working in the classifications set forth in Appendix
«
1.2 The terms and conditions of employment that are set forth in this MOU have
been discussed in good faith between the staff officials of ANAHEIM and
AMEA. AMEA agrees to recommend acceptance by its members of all 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 adoption of
such a resolution, all the terms and conditions of this MOU, so incorporated,
shall become effective without any further action by either party.
ARTICLE 2 - PURPOSE
2.1 The objectives of the parties to this MOU 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 - RECOGNITION
3.1 ANAHEIM hereby recognizes AMEA as the bargaining representative for all
its members to the fullest extent allowable under California law applying to
public employees. As public employees, such employees shall have the
right to discuss individual problems of employment with ANAHEIM, provided
that upon request of the employee, AMEA shall be kept fully informed and
have the right to be present at all such meetings between ANAHEIM and
the individual.
ARTICLE 4 - EMPLOYEE RIGHTS
4.1 Employees shall have all rights granted to public employees under
California law. Employees shall have the right to form, join, and participate
in the activities of employee organizations of their own choosing for the
purpose of representation on all matters of employer - employee relations.
Employees also have the right to refuse to join or participate in the activities
of employee organizations and shall have the right to represent themselves
individually in their employment relations with ANAHEIM. No employee
shall be interfered with, intimidated, restrained, coerced, or discriminated
against by ANAHEIM or by any employee organization because of his /her
exercise of these rights.
4.2 The wages, hours, and conditions of employment that are set forth in this
MOU have been discussed and jointly proposed by and between ANAHEIM
and AMEA and shall apply to employees of ANAHEIM working in the
classifications set forth in Appendix "A."
ARTICLE 5 - MANAGEMENT RIGHTS
5.1 Management retains, exclusively, all its inherent rights, functions, duties,
and responsibilities, except where specifically limited in this document. The
rights of management include, but are not limited to, the exclusive right to
consider the merits, necessity, or organization of any service or activity
provided by law or administrative order; determine the mission of its
constituent departments, commissions, and boards; set standards of service
and performance; determine the procedures and standards of selection for
employment, training, and promotion; direct its employees; establish work
schedules and work assignments; evaluate employee performance; take
disciplinary action; relieve its employees from duty because of lack of work
or other legitimate reasons; maintain the efficiency of ANAHEIM's
operations; determine the methods, means, and personnel by which
ANAHEIM's operations are to be conducted; classify and reclassify
positions; determine the content of job classifications; contract out work and
transfer work into or out of the unit; take all necessary action to carry out its
mission in emergencies; and exercise complete control and discretion over
its organization and the technology of performing its work.
5.2 The exercise of the foregoing powers, rights, authority, duties, and
responsibilities by management; the adoption of policies, rules, regulations,
and practices in furtherance thereof; and the use of judgment and discretion
in connection therewith, shall be limited only by the law and by the specific
and express terms of this MOU, and then only to the extent such specific
and express terms are in conformance with the law.
ARTICLE 6 - NOTIFICATION
6.1 Reasonable written notice shall be given by the City Management
Representative to AMEA of any proposed ordinance, resolution, rule, or
regulation directly relating to matters within the scope of representation to
be presented to the City Council for determination„ and AMEA shall be
given the opportunity to meet with the City Management Representative
prior to submission to the City Council for determination.
6.2 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 adoption of
such ordinance, resolution, rule, or regulation.
ARTICLE 7 - CONSULTATION
7.1 The City Management Representative, after consultation in good faith with
representatives of AMEA, may recommend adoption of reasonable rules
and regulations for the administration of employer - employee relations. The
City Management Representative shall consult in good faith with
representatives of AMEA on employer - employee relations matters which
affect them, including those that are not subject to meeting and conferring.
ARTICLE 8 - DISCUSSION
8.1 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.
8.2 A party requesting a discussion may orally or in writing notify the other party
of the subject to be discussed. Thereafter, a meeting shall be promptly
arranged, at which meeting not more than two (2) AMEA members and the
labor representative of AMEA may be present.
8.3 If the parties are not able to resolve the issues after three (3) meetings, the
issues will be considered dropped, unless both parties agree to meet
additional times.
8.4 If the discussion process results in an agreement between the City
Management Representative and AMEA to amend this MOU, such
agreement shall be incorporated in a written Letter of Understanding
(hereinafter "LOU "), signed by the City Management Representative and
AMEA representatives. The matters incorporated in the LOU shall be
presented to the City Council, or its statutory representative, for
determination.
ARTICLE 9 - MEET & CONFER
9.1 The City Management Representative and representatives of AMEA shall
have the mutual obligation personally to meet and confer in order to freely
exchange information, opinions, and proposals, and to endeavor to reach
agreement on matters within the scope of representation. Nothing herein
precludes the use of any impasse procedure authorized by law whenever an
agreement is not reached during the meet and confer process and the use
of such impasse procedure is mutually agreed upon by the City
Management Representative and AMEA.
9.1.1 When the meet and confer process results in agreement between
the City Management Representative and AMEA, such
agreement shall be incorporated in a written MOU and shall be
signed by the City Management Representative and AMEA
representatives. The matters incorporated in the MOU shall be
presented to the City Council, or its statutory representative, for
determination.
9.2 The City Management Representative shall not be required to meet and
confer in good faith on any subject preempted by federal or state law or by
the City Charter nor shall he /she be required to meet and confer on
management or employee rights as herein defined. Proposed amendments
to this ARTICLE are excluded from the scope of meet and confer.
ARTICLE 10 - AMEA ORGANZATION
10.1 AMEA representatives are those elected or appointed in accordance with
the constitution and bylaws of AMEA. ANAHEIM recognizes AMEA's right
to appoint employee representatives.
10.1.1 AMEA shall notify the City Management Representative, in
writing, of the names and job class titles of its officers, employee
representatives, and other representatives each time an election
is held or new appointments are made.
10.1.2 An employee elected or appointed as an officer or employee
representative of AMEA shall be required to work as scheduled in
their respective job class and shall not interrupt the work of other
employees.
10.2 AMEA officers and representatives (subject to the provisions of ARTICLE 3
- RECOGNITION) shall be permitted to visit employee work locations for the
purpose of observing working conditions, however, such visits shall not
interrupt the work of such employees, nor interfere with the normal
operations of the department or with established safety requirements.
10.2.1 AMEA officers and representatives shall not enter any work
location without the knowledge of the Department Head, Division
Head, or other appropriate manager or supervisor.
10.2.2 Solicitation of membership and all activities concerned with the
internal management of AMEA, such as collecting dues, holding
membership meetings, preparing petitions or grievance material,
preparing proposals, campaigning for office, conducting elections,
and distributing literature, etc., shall not be conducted during
working hours.
10.3 In the event that AMEA is formally meeting and conferring with
representatives of ANAHEIM on matters within the scope of representation
during regular City business hours, a reasonable number of officers,
employee representatives, or other officials of AMEA shall be paid their
regular hourly rate of pay when they are attending the meet and confer
sessions for any hours for which they were scheduled to work.
10.3.1 Such meetings are subject to scheduling in a manner consistent
with operating needs and work schedules. Work schedules will
not be modified to ensure nor to avoid payment to part-time
employees attending meet and confer sessions.
10.3.2 Officers, employee representatives, and representatives of AMEA
shall not leave their duties, work stations, or assignment without
the knowledge of the Department Head, Division Head, or other
appropriate manager or supervisor.
10.3.3 ANAHEIM will pay employees who are released from work for
AMEA business at AMEA expense and will bill AMEA at the
employee's regular rate of pay. ANAHEIM and AMEA will jointly
and severally be responsible for Workers' Compensation and
General Liability when such employees are off work for AMEA
business at AMEA expense.
10.4 ANAHEIM shall furnish a bulletin board at mutually agreeable, specific
locations for the purpose of posting notices pertaining to AMEA business,
and shall determine what reasonable portion of bulletin boards are to be
allocated to AMEA.
10.4.1 All posted materials must be dated and must identify AMEA. If
AMEA does not abide by these provisions it will forfeit its right to
have materials posted on ANAHEIM's bulletin boards.
10.5 ANAHEIM shall allow AMEA to conduct meetings in City facilities. Such
meetings shall be scheduled in accordance with regulations governing use
of public meetings rooms at City facilities.
ARTICLE 11 - CHECK -OFF
11.1 ANAHEIM agrees to check -off for the payment of the regular monthly AMEA
dues and to deduct such payments from the wages of all AMEA members
and employees when authorized to do so by said members and employees,
and remit such payments to AMEA in accordance with the terms of signed
authorizations of such members and employees. The deduction of such
dues and the remittal of same by ANAHEIM to AMEA shall constitute
payment of said dues and initiation fees by such members and employees
to AMEA.
ARTICLE 12 - GENERAL
12.1 It is hereby the declared personnel policy of ANAHEIM that:
12.1.1 Tenure of employees shall be subject to good behavior,
satisfactory work performance, necessity for the performance of
work, and the availability of funds;
12.1.2 Employment shall be based on merit and fitness, free of personal
and political considerations;
12.1.3 Appointments, promotions, and other actions requiring the
application of the merit principle shall be based on systematic
tests and /or evaluations;
12.1.4 Positions having similar duties and responsibilities shall be
classified and compensated on a uniform basis.
12.2 ANAHEIM shall be the sole judge of the testing, qualification, and
acceptance procedures of all applicants for employment and promotion and
ANAHEIM retains the right to reject any applicant for employment; provided,
however, that testing and /or rejection shall not be done to discriminate for or
against an applicant because of AMEA or non -AMEA membership or for any
other criteria as defined in California Government Code Section 12940 et
seq, except where such criteria is a bona fide occupational qualification.
ARTICLE 13 - PAYROLL DEDUCTIONS
13.1 Deductions of authorized amounts may be made from employees' pay for
the following purposes:
13.1.1 Withholding Tax;
13.1.2 Contributions to retirement benefits;
13.1.3 Contribution to survivors' benefits;
13.1.4 Payment of hospitalization and major medical insurance premium;
13.1.5 Payment to or savings in Orange County's Credit Union;
13.1.6 Contributions to the City Employees Annual Charities Fund Drive;
13.1.7 Payment of membership dues to AMEA; and
13.1.8 Other purposes as may be authorized by the City Council.
ARTICLE 14 - SALARY RELATIONSHIPS
14.1 ANAHEIM and AMEA agree that wages for all classifications represented by
AMEA shall be based on the salary relationships shown below. The rates in
"Appendix A" reflect an agreed upon implementation plan to these salary
relationships.
Part -Time Park Ranger (100 %)
Part-Time Senior Park Ranger 1.368 x Park Ranger
Part -Time Property & Evidence Technician (100 %)
Part -Time Traffic Control Assistant (100 %)
Part-Time Traffic Controller 1.269 x Traffic Control Assistant
Part -Time Police Dispatcher II (100 %)
Part-Time Police Dispatcher I .900 x Police Dispatcher II
Part -Time Laborer (100 %)
Part -Time Library Clerk (100 %)
Part-Time Librarian
Part-Time Library Page
Part-Time Library Page Driver
Part-Time Library Technician
Part-Time Senior Library Clerk
1.750 x Part Time Library Clerk
.600 x Part Time Library Clerk
1.250 x Part Time Library Page
1.400 x Part Time Library Clerk
1.235 x Part Time Library Clerk
ARTICLE 15 - COMPENSATION
15.1 Wages for the various classifications shall be set forth in Appendix "A"
attached to this MOU and by this reference made a part hereof. The City
Management Representative will not recommend any revision or
modifications to this MOU without first consulting on such recommendation
with AM EA.
15.2 Newly hired employees shall normally be compensated at the lowest step of
the salary schedule of the job class for which he /she was hired. ANAHEIM
may hire at a higher step in the salary schedule through the "B" step without
approval of the City Manager.
15.3 Part -Time employees in classifications listed in Appendix "A" shall be
eligible for consideration for merit pay increases to the next higher salary
step after one thousand and forty (1,040) hours in a salary step.
15.4 An incumbent employee reclassified with his /her position to a lower job
class shall be placed in the step of the lower salary schedule closest to
his /her rate of pay, and shall retain his /her record of step hours worked for
the purpose of merit pay increases. If the ninth (9t") step of the salary
schedule of the lower job class is lower than the incumbent's rate of pay, the
rate of pay shall be identified as the "Y" step of the lower salary schedule.
An employee compensated at the "Y" step because of a downward
reclassification shall remain in the "Y" step until such time as his /her job
class is assigned to a salary schedule in which the ninth (9 step is
equivalent to or higher than the "Y" step, at which time the employee shall
be placed in the ninth (9 step.
15.5 An employee who is promoted or reclassified with his /her position to a
higher job class shall be placed in the step of the higher salary schedule
that will provide a gay increase of not less than four percent (4 %) except
when the ninth (9 ) step of the higher salary schedule provides a pay
increase of less than four percent (4 %). Consideration for merit pay
increases shall be in accordance with ARTICLE 15.3 above, and shall be
based on step hours worked in the higher job class.
15.6 An employee who is demoted for cause shall be placed in the step of the
lower job class that will provide a reduction in pay of not less than four
percent (4 %). An employee who requests and is granted a voluntary
demotion may be placed in any salary step in the new salary schedule that
does not provide an increase in the hourly rate. Employees who are
demoted, whether voluntary or for cause, shall be eligible for consideration
for merit pay increases in accordance with ARTICLE 15.3 above based on
step hours worked in the lower job class.
15.7 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 empldyees shall receive a true copy of any
personnel action taken concerning h1is /her status of employment.
ARTICLE 16 - MULTIPLE APPOINTMENTS
16.1 ANAHEIM and AMEA agree that err ployees working in classifications listed
in Appendix "A" may be appointed to more than one (1) job classification
simultaneously. Employees so appo nted will be compensated for the actual
hours worked in each job classification as the applicable salary schedule
rate. Employees may be assigned t one (1) or more classifications that are
not within the scope of representatio of AMEA.
16.2 No employee shall be allowed multiple appointments to more than one (1)
department, nor shall an employee be allowed multiple appointments to
classifications assigned to different PERS retirement plans.
16.3 Employees appointed to additional classifications, in accordance with this
ARTICLE, shall normally be placedl in the closest salary step of the new
classification that does not provide a decrease in pay.
16.4 The various terms and conditions of employment under this MOU shall
apply only to hours worked in a cla sification listed in Appendix "A ", except
that:
16.4.1 The provisions of section 17.3.1 and 17.3.2 imposing limits on
hours worked in a fiscal year shall apply to the aggregate of hours
worked in all appointments.
16.4.2 Discipline that may be imposed on an employee who has
one (1) or more ap ointments to a job classification listed
in Appendix "A" shall be considered a matter subject to
review through the grievance procedure under this MOU
without regard to the employee's actual assignment at the
time of the incident giving rise to the disciplinary action.
16.5 Eligibility for consideration for merit pay increases shall be based on step
hours worked in each separate classification, and merit pay increases shall
be granted only for the classification in which the employee has established
eligibility.
16.6 An employee in the classification of art-Time Park Ranger who is assigned
responsibility for training and /or eva uating newly hired employees shall be
assigned the additional classification of Part-Time Senior Park Ranger, and
shall be paid as a Senior Park Ranger for all hours spent training and
evaluating newly hired employees.
16.7 An employee in the classification of Part-Time Traffic Control Assistant who
is assigned responsibility for training and /or evaluating newly hired
employees shall be assigned the additional classification of Part-Time
Traffic Controller, and shall be paid as a Part-Time Traffic Controller for all
hours spent training and evaluating newly hired employees.
ARTICLE 17 - HOURS OF WORK AND PAY DAY
17.1 Employees shall be scheduled to work as needed and to cover peak periods
and absences of other employees. Hours are irregular and based on need
and may be full days or partial days. Except as provided in section 17.5
below, there shall be no minimum number of hours guaranteed.
17.1.1 ANAHEIM and AMEA agree that availability is a condition of
employment. An employee who does not maintain his /her
availability, does not report as scheduled, or is otherwise absent
without leave may be subject to discipline up to and including
dismissal.
17.2 Regular salaries and compensation of all employees shall be paid on a
biweekly basis.
17.3 ANAHEIM has determined a need to set forth criteria for defining groups of
employees engaged in limited employment who are covered by this MOU.
Accordingly, the following categories are hereby established.
17.3.1 Part -Time Employees This category is limited to employees
hired to work an average of less than twenty (20) hours per week
on an ongoing basis (maximum hours permitted by California
Public Employees' Retirement Law for exclusion from Public
Employees' Retirement System membership in any fiscal year).
17.3.2 Part -Time — 30 Hour Employees This category is limited to
those employees who on a yearly average work more than the
maximum hours permitted by California Public Employees'
Retirement Law for exclusion from Public Employees' Retirement
System membership but less than thirty (30) hours per week on
an ongoing basis (maximum 1560 hours) in any fiscal year.
17.4 The number of positions in each category shall vary in accordance with
ANAHEIM's requirements and shall be established by ANAHEIM.
Assignment of personnel to these positions shall be made by ANAHEIM.
17.5 Authorized Hours Employees in classifications listed in Appendix "A"
designated by a "3" before the schedule number shall be guaranteed a
minimum of three (3) hours paid at their regular hourly rate upon reporting
for work, except when scheduled for meetings or training the guarantee
shall be two (2) hours.
ARTICLE18 - APPOINTMENTS AND PROMOTIONS
18.1 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.
18.2 Minimum standards of employment for each job class shall be
recommended by the Human Resources Director and approved by the City
Manager.
18.3 At such times as the appointing authority with concurrence of the Human
Resources Director determines that it is 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.
18.4 Advancement to a higher paid job class shall constitute a promotion.
18.5 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.
ARTICLE 19 - PROBATION
19.1 Employees working in classifications listed in Appendix "A" shall serve a
probationary period of twelve (12) months. Upon successful completion of a
probationary period, an employee shall be considered to have part -time
regular status in the classification in which the probationary period is served.
19.1.1 In the event an employee is assigned to light duty or is absent
from work due to a lengthy illness or injury during the probationary
period, said employee's probationary status may be extended
beyond the regular period of probation in the amount of one (1)
complete biweekly pay period for each complete biweekly pay
period assigned to light duty or lost to illness or injury.
19.2 The work and conduct of probationary employees shall be subject to close
scrutiny. An employee shall be retained beyond the end of the probationary
period only if the appropriate Executive Manager affirms that the work and
conduct of the employee have been found to be satisfactory. If the work
and conduct of a probationary employee is found to be below standards to
the department, the appropriate Executive Manager may reject the
probationer at any time during the probationary period. Such rejections
shall not be subject to review or appeal unless such rejection is alleged to
be contrary to the provisions of any state or federal law, or the Personnel
Ordinance and /or the Personnel Resolution, and then such review /appeal
will be limited to that which is required by law, ordinance, or resolution.
19.3 ANAHEIM will make every reasonable effort to return an employee rejected
or laid off during the probationary period to the classification in which he /she
had regular status, unless the reasons for his /her failure to complete the
probationary period would be cause for dismissal. If not returned to his /her
former classification, the employee shall be separated from employment
with ANAHEIM.
ARTICLE 20 - TRAINING
20.1 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.
20.1.1 Reimbursement to employees for training costs incurred for
formalized training shall be in accordance with regulations
established by the City Manager.
20.1.2 There shall be no compensation for time spent in meetings for the
purpose of education or training of any kind unless such
attendance is required by the appropriate Executive Manager, or
the Executive Manager's designated representative.
20.2 Employees in a classification listed in Appendix "A" shall be allowed the
opportunity to enroll in an ANAHEIM sponsored training course once each
calendar year. To be approved, courses must be in one (1) of the four (4)
core competency areas identified in the City's training plan (Interpersonal
Skills, Technical Proficiency, Achieves Results, or Responsive Customer
Service). In the event an employee requests a course that is not included in
the City's Training Catalog, the Human Resources Director shall determine
whether the course curriculum satisfies one (1) or more of the required core
competency areas.
ARTICLE 21 - REDUCTION IN FORCE
21.1 ANAHEIM and AMEA agree that ANAHEIM will notify AMEA of a planned
reduction in work hours or layoffs which may affect employees represented
by the AMEA at the same time or prior to notification of individual
employees.
21.2 When notice is provided in accordance with section 21.1 above, ANAHEIM
and AMEA agree to meet and confer regarding the basis upon which work
hours will be reduced or employees will be laid off. If the parties are unable
to come to an agreement within twenty -one (21) calendar days of the date
that ANAHEIM provided notice under this ARTICLE, employees shall be laid
off from their position on the basis of City seniority, from the least senior to
the most senior. "Seniority" shall be determined on the basis of the
employee's hire date without regard to the number of actual hours worked.
ARTICLE 22 - REINSTATEMENT
22.1 An employee who terminates employment in good standing may be
reinstated to a vacant position in his /her former job class within three (3)
years of his /her termination date without re- qualifying for employment by
competitive process.
22.1.1 An employee reinstated within thirty (30) days of his /her
termination date shall be considered to have continuous service
and shall not serve a new probationary period. He /she shall be
placed in his /her former salary step and shall retain his /her record
of step hours worked for the purpose of merit pay increases.
22.1.2 An employee reinstated after thirty (30) days of his /her
termination date shall serve a new probationary period and shall
be considered to have broken service for the purpose of merit pay
increases.
ARTICLE 23 - OTHER EMPLOYMENT
23.1 AMEA agrees that employees may not engage in other employment that
constitutes a conflict of interest as defined by section 1126 of the California
Government Code. A Department Head, as a condition of continued
employment, may require an employee to terminate their other employment
when he /she determines that a conflict of interest exists. An employee may
appeal such a determination to the Human Resources Director, whose
decision shall be final and binding.
ARTICLE 24 - SERVICE PINS
24.1 Service awards, in the form of service pins or the equivalent, shall be
presented to employees in classifications listed in Appendix "A" for:
Five (5) years of service;
Ten (10) years of service;
Fifteen (15) years of service;
Twenty (20) years of service;
Twenty -five (25) years of service;
Thirty (30) years of service;
Thirty -five (35) years of service;
Forty (40) years of service.
Such a service award shall also be presented to an employee upon his /her
retirement.
ARTICLE 25 - BILINGUAL PAY
25.1 Employees required to speak Spanish or other languages (including sign
language), as well as English as part of the regular duties of their position
will be compensated at the rate of seventy cents ($70) per hour in addition
to their regular pay.
25.2 Employees required to speak, read, and /or write Spanish or other
languages (including sign language), as well as English as part of the
regular duties of their position will be compensated at the rate of ninety
cents ($.90) per hour in addition to their regular pay.
25.3 The appropriate Executive Manager shall designate which employees shall
be assigned bilingual duties and which language(s) shall be eligible for
bilingual pay.
25.4 The Human Resources Director shall conduct a test of competency for
employees who 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.
25.5 The effective date of bilingual pay certification shall be the first day of the
pay period following notification to the Human Resources Director of the
passing of the bilingual test by the employee as provided in 25.3 above.
Employees may be required to undergo a test of continued competency,
upon request of the operating department.
ARTICLE 26 - PREMIUM PAY
26.1 Employees working in classifications listed in Appendix "A" who perform
authorized work in excess of forty (40) hours in a regular work week shall be
compensated for such overtime work at the rate of one and one -half (1%)
times the employee's regular hourly rate of pay.
26.1.1 Overtime shall be calculated to the nearest one - quarter ('/4) hour
of overtime worked.
26.1.2 All overtime must be authorized in advance by the appropriate
Administrative Manager.
26.2 Employees working in classifications listed in Appendix "A" who perform
authorized work on December 25 (Christmas Day), January 1 St (New
Year's Day), July 4 th (Independence Day), the first Monday in September
(Labor Day), the fourth Thursday in November (Thanksgiving Day), or
Martin Luther King Jr's birthday shall be compensated for such work at the
rate of one and one -half (1'/2) times the employee's regular hourly rate of
pay.
26.3 Shift Premium Employees who work the following assigned shifts shall be
compensated at the rate of twenty -five cents ($.25) per hour in addition to
their regular hourly rate of pay:
26.3.1 Part-Time Traffic Controllers and /or Part-Time Traffic Control
Assistants working the "10 -8 in service" assignment shall receive
shift premium for all hours worked between 2:30 p.m. and 12 :30
a.m.
26.3.2 Part-Time Park Rangers and /or Part-Time Senior Park Rangers
shall receive shift premium for all hours worked between 5:00
p.m. and 3:00 a.m., Friday, Saturday, and Sunday. There shall
be no shift premium for any hours worked between 3:01 a.m.
Monday through 4:59 p.m. Friday.
26.3.3 Part-Time Police Dispatchers I and II shall receive shift premium
for all hours worked between 6:00 p.m. and 6:00 a.m., Friday,
Saturday, and Sunday. There shall be no shift premium for any
hours worked between 6:01 a.m. Monday through 5:59 p.m.
Friday.
26.4 Notwithstanding the above overtime provisions, there shall be no overtime
pay for the time spent, outside scheduled work hours, in attending meetings
of any kind which are for the purpose of education or training, unless
required by ANAHEIM to attend such training.
ARTICLE 27 - STANDBY
27.1 An employee assigned to court standby at times other than during his /her
scheduled work hours for the purpose of being on call as a witness on
matters within the scope of his /her employment shall be guaranteed two (2)
hours of pay at his /her regular hourly rate of pay for each calendar day of
such standby duty.
27.1.1 An employee assigned to standby duty for the purpose of being
on call for two (2) separate court subpoenas for both a morning
and an afternoon session on the same day, or when an employee
is carried over from a single subpoena from a morning session to
an afternoon session, shall be guaranteed two (2) additional
hours of pay at the employee's regular hourly rate of pay for each
calendar day of such standby duty.
ARTICLE 28 - DISCIPLINE
28.1 The tenure of every employee shall be conditioned on good behavior and
satisfactory work performance. An employee may be reduced in salary,
suspended, demoted, or dismissed for good and sufficient cause.
28.2 When in the judgment of the appropriate Department Head, Division Head,
or other appropriate manager, an employee's work performance or conduct
justifies disciplinary action short of demotion or dismissal, the employee
may be reduced in salary or suspended without pay. Upon taking such
action, a written notification containing a statement of the substantial
reasons for the action shall be filed with the employee and the Human
Resources Director. No employee shall be suspended for more than thirty
(30) calendar days at any one time.
28.3 An employee may be demoted or dismissed upon recommendation of a
Division Head or other appropriate supervisor whenever in the judgment of
the appropriate Department Head, the employee's work or misconduct so
warrants. Upon taking such action, the Department Head shall file with the
employee and the Human Resources Director a written notification
containing a statement of the substantial reasons for the action and the
effective date of the action.
28.4 ANAHEIM and AMEA agree to stipulate to the following submission
language when discipline under this ARTICLE is submitted to an impartial
arbitrator: "Was (name of employee) [reduced in salary, suspended,
demoted, or dismissed] for good and sufficient cause? If not, what shall be
the remedy ?"
ARTICLE 29 - GRIEVANCE PROCEDURE
29.1 Any grievance or dispute which may arise out of the application or
interpretation of the terms or conditions of this MOU, as alleged by AMEA,
shall be considered to be a matter subject to review through the grievance
procedure and shall be settled in accordance with the procedure set forth
immediately herein below, except a dispute by an applicant regarding
employment.
29.2 In those instances where discipline is imposed other than salary step
reduction, suspension, demotion, or dismissal, AMEA may submit a written
request for a review of the disciplinary action through an administrative
review procedure.
Administrative Review Procedure:
ii. The written request must be submitted to the Human Resources
Department within fourteen (14) calendar days after receipt of notice
by the employee of the disciplinary action. The Department Head, or
Administrative Manager, under which the discipline was
administered, shall conduct an administrative review within fourteen
(14) calendar days of submission of the written request.
The Department Head, or Administrative Manager, shall review the
disciplinary action and may affirm, reverse, or modify the disciplinary
action as deemed appropriate. The Department Head or
Administrative Manager's determination shall be delivered in writing
within fourteen (14) calendar days after the administrative review.
The Department Head or Administrative Manager's determination
shall be final and binding.
29.3 Employee grievances submitted by AMEA to ANAHEIM shall be handled in
the following manner:
29.3.1 Step I . An attempt shall be made to adjust all grievances on an
informal basis between the employee, his /her AMEA representative, and a
supervisor in the employee's chain of command, up to and including his /her
manager, within seven (7) working days after the occurrence of the incident
involved in the grievance. The manager shall deliver his /her answer within
seven (7) working days after conducting the Step I meeting.
29.3.2 Step II . If the grievance is not adjusted to the satisfaction of
AMEA in Step I, it shall be submitted in writing to the employee's
Department Head or Administrative Manager within seven (7) working days
after the Step I answer is received by AMEA. The Department Head or
Administrative Manager shall meet with the employee and his /her AMEA
representative within ten (10) working days after submission of the
grievance to him /her. The Department Head or Administrative Manager
shall review the grievance and may affirm, reverse, or modify as deemed
appropriate, the disposition made at Step I and the Step II answer shall be
delivered to AMEA within seven (7) working days after said meeting.
29.3.3 Step III If AMEA is not satisfied with the answer to the Step II, it shall
be submitted to an impartial arbitrator for a final and binding decision. Such
submission must occur within thirty (30) calendar days after the Step II
answer is received.
29.3.3.1 In the event the parties are unable to agree upon
the selection of such impartial arbitrator within ten
(10) calendar days, upon request by either party an
arbitrator shall be selected from a list of prospective
arbitrators submitted by the American Arbitration
Association or any other mutually agreed upon
provider.
29.3.4 An arbitrator's decision shall be final and binding on both
parties, it being agreed that said arbitrator shall have no
powers to add to or subtract from the provisions herein, and
that the laws of the State of California shall be controlling at all
times.
29.4 All expenses of any arbitration shall be borne equally by ANAHEIM and
AMEA.
29.5 The parties may mutually agree to submit any grievance or dispute covered
under the provisions of this ARTICLE to non - binding mediation, prior to
submission to arbitration. This language is not intended to impede or delay
the arbitration process.
ARTICLE 30 - EMPLOYEE AVAILABILITY & LEAVES
30.1 ANAHEIM and AMEA agree that availability is a condition of employment.
Employees in classifications listed in Appendix "A" shall be required to
maintain an availability of twenty (20) hours per week, except that
employees in classifications listed in Appendix "A" who are enrolled in
PERS by virtue of their employment with ANAHEIM shall be required to
maintain an availability of thirty (30) hours per week. An employee who
does not maintain his /her availability, does not report to work as scheduled,
or who is otherwise absent without leave shall be subject to discipline up to
and including dismissal from their position with ANAHEIM.
30.1.1 Employees may request, and the appropriate Executive Manager
may authorize, a modified availability less than the requirements
outlined above. An employee who does not maintain his /her
modified availability, does not report to work as scheduled, or who
is otherwise absent without leave shall be subject to discipline up
to and including dismissal from their position with ANAHEIM.
30.2 ANAHEIM and AMEA agree that employees in classifications listed in
Appendix "A" of this MOU who have been continuously employed for a
period of at least one (1) full year, may be eligible for an unpaid leave of
absence of up to sixty (60) calendar days. Such leaves shall be scheduled
and taken in the best interests of ANAHEIM, and shall require the prior
written approval of the appropriate Executive Manager or his /her designated
representative. ANAHEIM will make every reasonable effort to return an
employee who has been on an authorized leave of absence to the
employee's previous scheduled work days and hours.
30.3 ANAHEIM and AMEA agree that employees in classifications listed in
Appendix "A" of this MOU shall be provided unpaid leave of up to three (3)
consecutive work shifts in the event of a death in their immediate family for
the purpose of making funeral arrangements and /or attending funeral
services. "Immediate family" for the purposes of this paragraph shall be
defined as any relative by blood or marriage who is a member of the
employee's household, under the same roof, and any parent, foster parent,
step - parent, spouse, or registered domestic partner, child, grandchild,
brother, or sister of the employee, or any parent, foster parent, or step-
parent of the employee's spouse, or registered domestic partner, regardless
of residence. As used herein, "registered domestic partner" means that a
Declaration of Domestic Partnership has been filed with the California
Secretary of State.
30.4 Leaves taken under the provisions of the federal Family Medical Leave Act
and /or the California Family Medical Leave Act shall be concurrent with any
leave entitlement an employee may have under the provisions of section
30.2 above.
ARTICLE 31 - MILITARY LEAVE
31.1 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 32 - TRAVEL AND MILEAGE EXPENSE
32.1 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.
32.2 ANAHEIM's Mileage Reimbursement rate will be the standard mileage rate
established by the Internal Revenue Service.
32.3 An increase or decrease shall be effective the first day of the second month
after the date of publication by the Internal Revenue Service.
ARTICLE 33 - HEALTH INSURANCE
33.1 An employee working in a classification listed in Appendix "A" shall be
provided health insurance as long as he /she remains employed and is
available to work, and meet the conditions specified below.
33.2 ANAHEIM agrees to allow eligible part-time employees working in
classifications represented by the AMEA to enroll in the ANAHEIM
sponsored Kaiser Foundation Health Plan.
33.3 An employee working in the classification of Part -Time Senior Park Ranger,
Part-Time Park Ranger, Part-Time Traffic Control Assistant, or Part-Time
Traffic Controller shall be eligible for coverage on the first day of the month
following completion of twenty -six (26) complete biweekly pay periods or
one thousand and forty (1,040) hours worked, whichever is sooner, or upon
becoming eligible pursuant to the Affordable Care Act (ACA).
33.3.1 An employee classified as a Part -Time Property and Evidence
Technician hired prior to March 11, 2015, shall receive health insurance
pursuant to ARTICLE 33.3. An employee classified as a Property and
Evidence Technician hired on or after March 11, 2015, shall receive health
insurance pursuant to ARTICLE 33.4.
33.4 An employee shall be eligible for coverage on the first day of the month
following one (1) complete calendar month after appointment to Part-Time —
30 -Hour status in accordance with ARTICLE 17.3.2 or upon becoming
eligible pursuant to the Affordable Care Act (ACA).
33.5 An employee eligible for health insurance shall be eligible for Kaiser HMO
Plan 2 (full -time equivalent) after two (2) years of employment.
33.6 ANAHEIM's maximum contribution towards an employee's purchase of the
Kaiser HMO Plans (employee only) is as follows:
Kaiser HMO Plan 1 The flat - dollar amount equivalent to
seventy -five percent (75 %) of the HMO
Plan 2 premium
Kaiser HMO Plan 2 (full -time equivalent) Seventy -five percent (75 %)
An employee shall pay any difference between ANAHEIM's contribution and
the total cost of the Kaiser Plan.
33.7 An eligible employee pursuant to ARTICLE 33.3 above shall be eligible for
Kaiser HMO Plan 1 or Plan 2.
33.8 At any time during the term of this MOU, the PARTIES agree to reopen
ARTICLE 33 — Health Insurance, for the sole purpose of conforming with
any changes expressly mandated by the ACA.
ARTICLE 34 - PENSIONS
34.1 Effective December 3, 2005, ANAHEIM shall provide Government Code
section 21354.5 ("27% @ 55 ") retirement benefits for all eligible employees.
ANAHEIM shall pay 3.5% of the statutorily required 8% employee
contribution on behalf of eligible employees; those employees shall pay the
remaining 4.5% of the statutorily required 8% employee contribution.
34.2 Effective the pay period beginning July 3, 2015, an employee working in a
classification listed in Appendix "A" for whom the City is providing a
retirement benefit under Government Code Section 21354.5 ( 2.7 %(@_55
shall pay twelve percent (12 %) employee contribution to the retirement
system.
34.3 ANAHEIM and AMEA agree that ANAHEIM will amend PERS
miscellaneous Plan for Anaheim City, Employer Number 0303, to institute a
revised defined benefit plan for covered employees hired on or after
January 1, 2013. The revised defined retirement plan shall consist of the
2.0% @ 62 defined formula (Government Code section 7522.20(a)), with a
final compensation period of three (3) consecutive years (Government Code
section 20037) and the employee paying the full required member
contribution amount equal to eight percent (8 %) of compensation earnable,
plus any additional amount necessary to cause those employees to the
applicable retirement formula, as provided in Government Code sections
7522.30 and 20516.
ARTICLE 35 - PHYSICAL EXAMINATIONS
35.1 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.
35.2 In order to be eligible for promotion or transfer to a job class in a category
requiring greater physical qualification than his /her present job class, an
employee must pass the appropriate physical examination.
35.3 An employee who returns to work after an absence in excess of five (5)
consecutive scheduled work shifts due to illness or physical incapacity may
be required by his /her Department Head to undergo a physical examination.
An employee who fails to pass a physical examination required under the
provisions of this ARTICLE may be transferred or demoted to a position
requiring lesser physical qualifications, or terminated.
35.4 All physical examinations required under the provisions of this ARTICLE
shall be performed by a physician in active practice licensed by California
State Law and within the scope of his /her practice as defined by California
State Law.
35.5 ANAHEIM shall pay for any physical examination required under the
provisions of this ARTICLE.
ARTICLE 36 - VACATION BENEFIT
36.1 Effective January 2010, an employee who works eleven hundred (1,100) or
more hours in the prior calendar year will be given each January a lump
sum "vacation payment" of one percent (1 %) of their annual gross earnings
(calendar year defined as the period for which wages earned are reported
for tax purposes). The PARTIES agree that this provision shall survive the
term of this MOU absent mutual agreement to the contrary.
36.2 Effective the pay period beginning December 30, 2016, an employee who
works eleven hundred (1,100) or more hours in the prior calendar year will
be given each January a lump sum "vacation payment" of three percent
(3 %) of their annual gross earnings (calendar year defined as the period for
which wages earned are reported for tax purposes).
ARTICLE 37 - NOTIFICATION OF CONTRACTING OUT
37.1 ANAHEIM agrees to notify AMEA of possible contracting out of City work or
services if such contracting out will have a significant long term impact on
work performed by employees in classifications represented by AMEA.
37.1.1 Such notification shall be given before the decision to contract out
is made, and
37.1.2 AMEA will have the opportunity to comment prior to a
determination by ANAHEIM to enter into contracting
arrangements.
ARTICLE 38 - CONSTRUCTION
38.1 Nothing in this MOU 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
MOU. The provisions of this MOU are not intended to conflict with the
provisions of Chapter 10, Division 4, Title 1 of the Government Code of the
State of California (sections 3500, et seq.).
ARTICLE 39 - SAVINGS CLAUSE
39.1 The resolution of ANAHEIM shall provide that if any provision of this MOU
or the resolution is at any time, or in any way, held to be contrary to any law
by any court of proper jurisdiction, the remainder of this MOU and the
remainder of the resolution shall not be affected thereby, and shall remain in
full force and effect.
ARTICLE 40 - NO STRIKE
40.1 It is agreed and understood that under the terms of this MOU, the AMEA
and /or its members shall not conduct any strikes, including sympathy
strikes, slow- downs, or work stoppages; nor shall there be any refusal or
failure to fully and faithfully perform job functions and responsibilities, by the
AMEA or by its officers, stewards, agents, or unit members during the term
of this MOU.
40.2 AMEA recognizes the duties and obligations of its representatives to comply
with the provisions of this MOU and to make every effort toward inducing
employees to do so. In the event of a strike, work stoppage, or slowdown
by employees who are represented by the AMEA, the AMEA agrees in good
faith to take all necessary steps to cease such employee action.
40.3 An employee violating this ARTICLE may be subject to disciplinary action
up to and including dismissal. It is understood that in the event this
ARTICLE is violated, that ANAHEIM may pursue any and all legal remedies
available to it against an employee, if the employee violates the terms of this
Agreement, and /or AMEA, if AMEA violates this Agreement.
ARTICLE 41 - DURATION
41.1 The terms of the MOU are to remain in full force and effect until the third day
of January, 2017. Upon adoption of a resolution approving this MOU and
the terms hereof by the City Council of the City of Anaheim, this MOU shall
be in full force and effect as of the fourth day of January 2014.
STAFF OFFICIALS OF THE CITY OF ANAHEIM MUNICI
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APPENDIX "B"
SPECIAL PROVISIONS
B.1 Effective the pay period beginning July 3, 2015, ANAHEIM shall provide on a one -time, non -
precedent basis, the same wages as the full -time equivalents to all classifications listed in
Appendix A — Wages, excluding the Part -Time Park Ranger and Part -Time Senior Park
Ranger.
B.2 Effective the pay period beginning July 3, 2015, ANAHEIM shall provide the Part -Time Park
Ranger and Part -Time Senior Park Ranger a wage increase of fourteen percent (14 %).
B.3 ANAHEIM shall not charge employees to replace lost or damaged proximity cards.
LETTERS OF UNDERSTANDING