2003-083RESOLUTION NO 2003R-83
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING
BETWEEN THE ANAHEIM POLICE ASSOCIATION AND THE CITY OF ANAHEIM
WHEREAS, the City of Anaheim and the Anaheim Police Association
have met and conferred and reached an understanding regarding a Police Limited
Hours Position Pilot Program; and
WHEREAS, the Anaheim Police Association is in agreement with the
recommendation contained in said Letter of Understanding; and
WHEREAS, as a result thereof, the Letter of Understanding dated May 12,
2003 between the parties has been prepared and signed; and
WHEREAS, the City Council of the City of Anaheim does find that it is in
the best interest of the City of Anaheim to approve said Letter of Understanding.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that the Letter of Understanding dated May 12, 2003 between the Anaheim
Police Association and the City of Anaheim, a copy of which is attached hereto and
incorporated by reference herein, is hereby approved.
THE FOREGOING RESOLUTION is approved and adopted by the City
Council of the City of Anaheim this 2o+~]~//~ of _May .~~
MAYOR ~ THE-,~ITY OF ANAHEIM
ATTEST:
CI..I::2RK OF THE CITY OF ANAHEIM
APPROV.¢~S TO Fp.,RM: /'
LETTER OF UNDERSTANDZNG
between the
ANAHEZM POL:[CE ASSOCZATZON
and the
CZTY OF ANAHEZM
The Anaheim Police Association ("APA'~, and the City of Anaheim ("ANAHEIM")
after meeting and conferring have reached an understanding on wages, hours and other
terms and conditions of employment for employees working in classifications represented
by the APA. ANAHEIM and APA ("PARTIES'~ acknowledge that the unique demands
placed upon sworn Police Officers require consideration of non-traditional employment
practices in order to retain an experienced, qualified, and motivated work force. The
PARTIES agree that a thoughtfully designed and carefully managed program allowing
individual employees to voluntarily limit scheduled work hours may be one viable strategy
in support of Police Officer retention under certain special circumstances. The PARTIES
have reached an understanding as follows:
A Police Limited Hours Position Pilot Program shall be established for a period not to
exceed two (2) years, and shall be subject to the following terms and conditions:
a. The average regular workweek for employees assigned to a limited hours
position shall be twenty (20) hours. The monthly rate of pay shall be the houdy
rate times 1,040, divided by 12. Employees assigned to a limited hours position
shall be considered to have "full-time" status for the purpose of establishing
eligibility for all City-provided health and welfare benefits; and for representation
by the Anaheim Police Association under the provisions of State law and the City
of Anaheim Employer-Employee Relations Ordinance, including check off of APA
dues in accordance with Article 14 of the Memorandum of Understanding.
b. The Chief of Police shall have the sole discretion to determine the number of
limited hours positions allocated to the program, and to accept or reject
employee applicants for any reason.
c. Eligibility for participation shall be limited to full-time employees:
· who have worked for the Anaheim Police Department as sworn Police
Officers for a minimum of three (3) years, and
° whose performance has been rated at or above "Meets Expectations" on the
three (3) most recent performance evaluations.
d. An employee participating in the Police Limited Hours Position Pilot Program will
be scheduled to work 50% of a normal position's regular work hours, within the
normal Fair Labor Standards Act (FLSA) work period of twenty-eight (28)
consecutive days. Shift assignments include, but are not limited to, 8-hours,
9-hours, 10-hours or 12.5-hours.
C:%R_DATA~APA^PT.doc 1
e. The regular biweekly pay for the purpose of premium pay and benefit
entiUements shall be based on twenty hours per calendar week, or forty hours in
a biweekly pay period. Premium pay and benefits affected by this provision
include, but are not specifically limited to, Bilingual Pay provided in accordance
with Article ~6, Industrial Accident Leave provided in accordance with Article 39,
and Short-Term and Long-Term Disability benefits provided in accordance with
Artide 59.
f. A Limited Hours Position employee shall be compensated at one and one-half
(11/2) of his or her regular hourly rate of pay for all hours worked in excess of a
regularly scheduled work shift as described in (d) above, or in excess of one
hundred seventy one (171) hours in a Fair Labor Standards Act work period.
g. Paid Leave hours for Limited Hours Position employees will accrue at 50% of the
accrual levels specified in Article Zl~ (Paid Leave Program) of the Memorandum of
Understanding between the parties dated January 19, 2001 through
January 13, 2005. Employee use of such hours will be in accordance with the
appropriate provisions of Article 44.
h. Limited Hours Position employees shall be eligible to participate in the vadous
health and welfare benefit plans provided for through Article 59 (Insurance -
Active Employees) of the Memorandum of Understanding. The City shall
contribute one-half of the contribution specified in Article 59 towards the costs of
benefits elected by a Limited Hours Position employee. The Umited Hours
Position employee shall pay the difference between the City's contribution and
the full cost of any plan selected.
i. Service credit for the purpose of establishing seniority for qualification for special
assignments, shift assignments, merit pay advancement, POST certifications, and
benefit levels under Article 60 (Post-Retirement Medical Benefits) shall not be
reduced as the result of an employee's participation in the Police Limited Hours
Position Pilot Program.
A Police Umited Hours employee is not eligible for regular extra duty
assignments. The Chief of Police may waive this res~iction on an event-by-
event basis.
The PARTIES agree that at the conclusion of the two-year pilot period, the program
will be evaluated by the Chief of Police and will be continued only upon a
determination by the Chief of Police that the program meets the ongoing operating
needs of the Anaheim Police Department, and with concurrence of the APA.
3. The PARTIES intend that participants in the Police Umited Hours Position Pilot
Program shall receive compensation and benefits on a pro-rata basis such that there
is no increased cost to ANAHEIM, and that there shall be no reduction in service to the
public. The PARTIES agree that the Police Limited Hours Position Pilot Program may
be canceled by either the Chief of Police or the APA upon ninety (90) days advance
written notice to the other Party and participating employees.
4. The PARTIES agree to meet periodically during the course of the pilot period, and will
make changes to program structure and deparb'nental polities and procedures as
necessary to ensure the Program effectively and efficiently meets Police Department
C:~LR_DATA~APA"PT. doc 2
operating needs, and the needs of the individual program participants. In the event
modifications to the Memorandum of Understanding are necessary, the PARTIES shall,
after meeting and conferring, incorporate any agreements into a Letter of
Understanding that shall be presented to the Anaheim City Council for determination.
This Agreement constitutes the entire Agreement between the PART[ES. No
modification of this Agreement shall be valid unless in wdting and signed by the
PARTIES. Any representation, warranty, promise, or statement of information shall
not bind the PARTIES unless it is specifically set forth in this Agreement.
STAFF OFFICIALS of the CTI'Y
ANAHEIM, a Iqunicipal Corporation
OF ANAHEIM POLICE ASSOCIATION
By:
Dated: ~'- I.~,- 03
Dated:
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2003R-83 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 20th day of May, 2003, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Pringle, Hernandez, McCracken, Tait, Chavez
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
Ol"P,7 CLERK~OF TH'E-cITY OF ANAHEIM
(SEAL)