RES-2021-088RESOLUTION NO. 2021 - o g g
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ADOPTING A MEMORANDUM
OF UNDERSTANDING ESTABLISHING TERMS AND
CONDITIONS OF EMPLOYMENT FOR EMPLOYEES
REPRESENTED BY THE ANAHEIM POLICE
MANAGEMENT ASSOCIATION
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 the Memorandum of
Understanding to be presented to the City Council for determination; and
WHEREAS, the Memorandum of Understanding between the City of Anaheim and
the Anaheim Police Management Association ("APMA"), adopted by Resolution No. 2019-007,
expired December 26, 2019; and
WHEREAS, the City Council of the City of Anaheim finds that approval of a
successor Memorandum of Understanding between the City of Anaheim and the APMA, executed
on September 22, 2021 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 APMA and the City of Anaheim
executed by the City Management Representative and the APMA on September 22, 2021, 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
December 27, 2019 through June 30, 2025.
BE IT FURTHER RESOLVED that the Human Resources Director shall be delegated
with the authority to publish the authorized salary schedule in said Memorandum of
Understanding in any format meeting the requirements of California Code of Regulations section
570.5.
BE IT FURTHER RESOLVED that Resolutions No. 2019-007 and No. 2014-50 are
hereby repealed effective December 27, 2019.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 2 g day of September 2021, by the following roll call vote:
AYES: Mayor Sidhu and Council Members Faessel, Diaz,
Ma'ae, Valencia, and O'Neil
NOES: None
ABSENT: None
MEMORANDUM of UNDERSTANDING
between the
ANAHEIM POLICE MANAGEMENT ASSOCIATION
and the
CITY OF ANAHEIM
December 27, 2019 through June 30, 2025
Table of Contents
ARTICLE1-PREAMBLE ........................................................................................................1
ARTICLE2 - APMA RECOGNITION.......................................................................6..............1
ARTICLE3 - MANAGEMENT RIGHTS .................................................................................1
ARTICLE4 -
EMPLOYEE RIGHTS.........................................................................................2
ARTICLE5 -
DISCUSSION......................................................................................................2
ARTICLE6 -
CHECK-OFF.......................................................................................................2
ARTICLE7 -
APMA ORGANIZATION...................................................................................3
ARTICLE8 -
COMPENSATION..............................................................................................3
ARTICLE 9 -
APPROPRIATE SALARY STEP.......................................................................3
ARTICLE 10
- SALARY RELATIONSHIPS............................................................................4
ARTICLE 11-
HOURS OF WORK AND PAY DAY..............................................................4
ARTICLE 12
- PAYROLL DEDUCTIONS...............................................................................5
ARTICLE13
- TEMPORARY UPGRADE...............................................................................5
ARTICLE14
- GENERAL.........................................................................................................5
ARTICLE 15
- APPOINTMENTS AND PROMOTIONS.........................................................6
ARTICLE16
- PROBATION.....................................................................................................7
ARTICLE 17
- OUTSIDE EMPLOYMENT..............................................................................8
ARTICLE 18
- SUSPENSION, DEMOTION AND DISMISSAL............................................8
ARTICLE 19
- LAYOFF AND RE-EMPLOYMENT...............................................................9
ARTICLE20
- REINSTATEMENT...........................................................................................10
ARTICLE 21-
VOLUNTARY DEMOTION............................................................................11
ARTICLE 22
- BEREAVEMENT LEAVE................................................................................12
ARTICLE23
- HOLIDAYS.......................................................................................................12
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ARTICLE 24 - INDUSTRIAL ACCIDENT LEAVE................................................................14
ARTICLE 25 - JURY DUTY AND COURT APPEARANCES................................................14
ARTICLE26 - LEAVE WITHOUT PAY..................................................................................15
ARTICLE27 - MILITARY LEAVE..........................................................................................16
ARTICLE28 - SICK LEAVE....................................................................................................16
ARTICLE29 - VACATION.......................................................................................................19
ARTICLE30 - PREMIUM PAY................................................................................................22
ARTICLE 31- TRAVEL AND MILEAGE EXPENSES..........................................................23
ARTICLE 32 - ADMINISTRATIVE LEAVE WITH PAY.......................................................23
ARTICLE 33 - GRIEVANCE GENERAL.................................................................................24
ARTICLE 34 - INSURANCE, PENSIONS, AND PREREQUISITES......................................27
ARTICLE 35 - MEDICAL EXAMINATIONS..........................................................................28
ARTICLE 36 - FITNESS FOR DUTY.......................................................................................28
ARTICLE 37 - FITNESS FOR DUTY ASSESSMENTS..........................................................29
ARTICLE 38 - POST RETIREMENT MEDICAL BENEFITS.................................................29
ARTICLE39 -NO STRIKE.......................................................................................................32
ARTICLE40 - CONSTRUCTION.............................................................................................32
ARTICLE41- SAVINGS CLAUSE..........................................................................................32
ARTICLE42 - DURATION.......................................................................................................32
APPENDIX"A" WAGES...........................................................................................................34
APPENDIX `B" SPECIAL PROVISIONS.................................................................................36
APPENDIX "C" POST -RETIREMENT MEDICAL BENEFITS..............................................37
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ARTICLE 1— PREAMBLE
1.1 The wages, hours, and conditions of employment that are set forth in this
Memorandum of Understanding (hereinafter called "MOU") shall apply to all the
employees of City of Anaheim (hereinafter called "ANAHEIM") working in the
classifications set forth in Appendix "A".
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 the Anaheim
Police Management Association (hereinafter called "APMA"). The matters
incorporated in the MOU shall be presented to the Anaheim City Council (hereinafter
called "City Council"), or its statutory representative, for determination. Upon
ratification of the terms of this MOU by APMA membership and the incorporation in
full of all terms and conditions of employment as set forth herein in a resolution of
the City Council, all the terms and conditions of this MOU so incorporated shall
become effective without any further action by either party.
ARTICLE 2 — APMA RECOGNITION
2.1 APMA is the recognized bargaining representative formally acknowledged as such by
ANAHEIM for all employees in the job classifications listed in Appendix "A" to this
MOU. As public employees, such employees shall have the right to discuss
individual problems of employment with ANAHEIM, provided that upon request of
the employee, APMA shall be kept fully informed and have the right to be present at
all such meetings between ANAHEIM and the individual.
ARTICLE 3 — MANAGEMENT RIGHTS
3.1 Management retains all of its powers and authority to direct, manage, and control to
the full extent of the law. 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 to 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 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; 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.
3.2 The exercise of 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 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 an employee organization because of the
employee's exercise of these rights.
ARTICLE 5 — DISCUSSION
5.1 It is the intent of the 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 APMA or ANAHEIM at either party's request.
5.2 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.
5.3 If the parties are not able to resolve the issues after three (3) meetings, the issues will
be considered dropped, unless both agree to meet additional times.
5.4 If the discussion process results in an agreement between the City Management
Representative and APMA to amend this MOU, such agreement shall be incorporated
in a written Letter of Understanding (hereinafter called "LOU"), signed by the City
Management Representative and the APMA representatives. The matters
incorporated in the LOU shall be presented to the City Council, or its statutory
representative, for determination.
ARTICLE 6 — CHECK -OFF
6.1 ANAHEIM agrees to check off for the payment of the regular monthly APMA dues
and to deduct such payments from the wages of all APMA members and employees
when authorized to do so by said members and employees, and remit such payments
to APMA 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
APMA shall constitute payment of said dues by such members and employees of
APMA.
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ARTICLE 7 — APMA ORGANIZATION
7.1 APMA representatives are those elected or appointed in accordance with the
constitution and -bylaws of APMA.
7.1.1 ANAHEIM recognizes APMA's right to appoint or elect Department
Representatives.
7.1.2 APMA shall notify the City Management Representative, in writing, of the
names and job class titles of its officers, department representatives, and other
officials each time an election is held or new appointments are made.
7.1.3 Employees elected or appointed as officers or department representatives of
APMA shall be required to work full-time in their respective job classes and
shall not interrupt the work of other employees.
ARTICLE 8 — COMPENSATION
8.1 Wages for the various classifications shall be set forth in Appendix "A" attached to
this MOU and by this reference shall be made a part hereof.
ARTICLE 9 — APPROPRIATE SALARY STEP
9.1 Regular, full-time employees may be eligible for consideration for merit pay
increases as follows:
9.1.1 To the eigth (8 h) step after completion of one (1) year of service in the
seventh (7 h) step.
9.1.2 To the ninth (9) step after completion of one (1) of service in the eigth (8t')
step.
9.1.3 To the tenth (10t') step after completion of one (1) year of service in the ninth
(9th) step.
9.1.4 In such cases as may occur wherein an employee shall demonstrate
exceptional ability and proficiency in performance of 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 Chief of Police.
9.2 Merit pay increases may be granted upon approval of the Chief of Police for
continued meritorious and efficient service and continued improvement by the
employee in the effective performance of the duties of the employee's position.
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9.2.1 The effective date of the merit pay increases shall be the first day of the pay
period following approval as provided in ARTICLE 9.2 and completion of the
minimum required service in the next lower step as provided in ARTICLE
9.1.
9.3 Employees who are promoted or reclassified to a higher job class shall be placed in
the step of the higher salary schedule that will provide a pay increase of not less than
four percent (4%), except when the top step of the higher salary schedule provides a
pay increase of less than four percent (4%). When the lowest step of the higher salary
schedule is more than four percent (4%) higher than the employee's current rate of
pay, the new rate of pay shall be the lowest step of the higher salary schedule. The
employee shall be given a new anniversary date for purposes of merit pay increases in
accordance with the provisions of ARTICLE 9.1.
9.4 When more than one (1) 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 articles of this ARTICLE and shall take place in
the following order of precedence: (1) adjustment to same salary step in newly
authorized salary schedule; (2) merit pay advancement or reduction in salary step; (3)
promotion, demotion, or reclassification.
ARTICLE 10 — SALARY RELATIONSHIPS
10.1 ANAHEIM and APMA agree that the wages for all classifications represented by
APMA shall be based on the salary relationships listed below:
POLICE LIEUTENANT
Police Captain 1.15 x Police Lieutenant
10.2 Employees who possess a POST Management Certificate shall receive a five percent
(5%) certification pay in addition to the employee's base biweekly salary.
10.3 Employees who possess a Bachelor's degree from an accredited college or university
shall receive two and one-half percent (2Y2%) in addition to the employee's base
biweekly salary.
10.4 Employees who possess a Master's degree from an accredited college or university
shall receive five percent (5%) in addition to the employee's base biweekly salary.
10.4.1 The educational incentive pay for a Master's degree is in lieu of, and not in
addition to, the educational incentive pay for a Bachelor's degree.
ARTICLE 11— HOURS OF WORK AND PAY DAY
11.1 The average regular workweek for employees in classifications in Appendix "A" shall
be forty (40) hours.
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11.2 Regular salaries and compensation of employees shall be paid on a biweekly basis.
ARTICLE 12 — PAYROLL DEDUCTIONS
12.1 Deductions of authorized amounts may be made from an employee's pay for the
following purposes:
12.1.1 Withholding Tax;
12.1.2 Contributions to retirement benefits;
12.1.3 Contribution to survivors' benefits;
12.1.4 Payment of life insurance and accidental death and dismemberment
insurance premium;
12.1.5 Payment of non -industrial disability insurance premium;
12.1.6 Payment of hospitalization and major medical insurance premium;
12.1.7 Payment to or savings in Orange County's Credit Union;
12.1.8 Contributions to the City Employees Annual Charities Fund Drive;
12.1.9 Payment of membership dues to APMA;
12.1.10 Purchase of United States Savings Bonds; and
12.1.11 Other purposes as may be authorized by the City Council.
ARTICLE 13 — TEMPORARY UPGRADE
13.1 Temporary upgrade shall be defined as the temporary assignment of an employee to
work in a job classification which is assigned to a salary schedule higher than the
employee's regular job classification.
13.1.1 Employees temporarily upgraded must be qualified for the higher position and
must also be responsible for the full range of duties assigned to the higher
level classification in order to be paid for the upgrade. The determination of
those employees qualified to work in the higher level classification shall be
made by the City.
13.2 An employee temporarily upgraded shall receive a five percent (5%) pay differential
if they are assigned to work in the higher classification for a minimum of one (1)
complete work shift or longer.
ARTICLE 14 — GENERAL
14.1 It is hereby the declared personnel policy of ANAHEIM that:
14. 1.1 Employment by ANAHEIM shall be based on merit and fitness, free of
personal and political considerations.
14.1.2 Appointments, promotions, and other actions requiring the application of the
merit principle shall be based on systematic tests and/or evaluations.
14.1.3 Positions having similar duties and responsibilities shall be classified and
compensated on a uniform basis.
14.1.4 Tenure of employees shall be subject to good behavior, satisfactory work
performance, necessity for the performance of work, and the availability of
funds.
14.1.5 Any action concerning an employee's status of employment shall be processed
on a Personnel Action Form. Such status shall become effective upon action
by the City Manager or by a management employee to whom the City
Manager has delegated responsibility for authorizing such action. All
full-time employees shall receive a true copy of any personnel action taken
concerning their status of employment.
14.2 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 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 APMA or non-
APMA membership or because of race, color, creed, national origin, religion, gender,
age, or physical disability, except where age or lack of physical disability is a bona
fide occupation qualification.
ARTICLE 15 — APPOINTMENTS AND PROMOTIONS
15.1 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.
15.2 Minimum standards of employment for each job classification shall be recommended
by the Human Resources Director and approved by the City Manager.
15.3 At such time as the Chief of Police, with concurrence of the Human Resources
Director, determines that it is in the best interests of the City to promote from within,
promotions shall be on a competitive basis except when the Human Resources
Director finds that the number of employees qualified for promotion is insufficient to
justify competition. Appropriate consideration shall be given to promotional
candidates' qualifications, record of performance, and seniority, in that order. When
a qualified, work -disabled employee is available, consideration will be provided
according to the Vocational Rehabilitation Administrative Regulation.
15.3.1 It shall be the sole discretion of the Chief of Police, with concurrence of the
Human Resources Director, to determine whether to recruit for a vacancy
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from both the inside and outside the organization. City employee candidates
who choose to compete shall be evaluated on the same basis as non -employee
candidates.
15.3.2 Advancement to a higher paid job classification shall constitute a promotion.
15.4 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 an employee organization, gender, age, or physical
disability, except where gender, age, or lack of physical disability is a bona fide
occupation qualification.
ARTICLE 16 — PROBATION
16.1 Employees appointed from eligibility lists, appointed through the "Promotion Without
Competition" process, employees reinstated in accordance with ARTICLE 20.1.2, 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 one (1) year unless otherwise specified for certain designated job classes.
16.1.1 Subject to the discretion of the Chief of Police, an employee's probationary
status may be extended beyond the regular probationary period by providing the
employee advance written notice.
16.1.2 Upon successful completion of a probationary period, an employee shall be
granted regular status in the classification in which the probationary period is
served.
16.2 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 Chief of Police 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 this MOU.
16.2.1 An employee rejected during the probationary period from a position to which
the employee has been promoted shall be returned to the classification in which
the employee had regular status unless the reasons for failure to complete the
probationary period would be cause for dismissal from City service. An
employee who has successfully completed an initial probationary period as a
full-time employee of ANAHEIM prior to a promotion shall be afforded all
appropriate appeal rights if the employee's failure to complete the probationary
period in a position to which the employee has been promoted results in
dismissal. Such appeal rights shall be limited to the issue of whether the
proposed dismissal is for good and sufficient cause.
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16.3 An employee shall be retained beyond the end of the probationary period only if the
Chief of Police or the Chief s designated representative affirms that the services of the
employee have been found to be satisfactory.
ARTICLE 17 — OUTSIDE EMPLOYMENT
17.1 An employee may engage in employment other than the employee's job with
ANAHEIM if the Chief of Police determines that such outside employment does not
interfere with the performance of assigned duties and does not constitute a conflict of
interest.
ARTICLE 18 — SUSPENSION, DEMOTION AND DISMISSAL
18.1 The tenure of every employee shall be conditioned on good behavior and satisfactory
work performance. An employee may be suspended, demoted, or dismissed for good
and sufficient cause.
18.2 When in the judgment of the Chief of Police, or the Chiefs designated representative,
an employee's work performance or conduct justifies disciplinary action short of
demotion or dismissal, the employee may be suspended without pay. Upon taking
such action, the Chief of Police or the Chiefs designated representative 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 ninety (90) calendar days at any one (1) time. Suspensions imposed for
less than seven (7) calendar days shall be for a specified number of scheduled work
hours.
18.3 An employee may be demoted or dismissed whenever in the judgment of the Chief of
Police or the Chief s designated representative, the employee's work or misconduct so
warrants. Upon taking such action, the Chief of Police or the Chief s designated
representative 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.
18.4 An employee may appeal disciplinary actions taken under this ARTICLE under the
provisions of ARTICLE 33 - GRIEVANCE GENERAL.
18.5 An employee who has been suspended, demoted, or dismissed may be reinstated to
his/her position as a result of a successful appeal through the grievance procedure. In
the event of such reinstatement, the employee shall be returned to the employee's
former status of employment, including reinstatement of seniority and accrued fringe
benefits.
18.6 ANAHEIM and APMA agree to:
18.6.1 Develop a standing list of mutually approved arbitrators.
18.6.2 The list shall include no more than five (5) mutually approved arbitrators.
18.6.3 ANAHEIM and APMA may agree to re-establish the list of arbitrators once
each year in January.
18.6.4 ANAHEIM and APMA may agree to remove arbitrators from the list at any
time.
18.7 When an employee is dismissed as provided in this ARTICLE, ANAHEIM and
APMA agree to the following accelerated procedure under the provisions of
ARTICLE 33 — GRIEVANCE GENERAL.
18.7.1 ANAHEIM and APMA agree that only one (1) Post Skelly hearing by the
Chief of Police shall be held. This hearing shall be held within ten (10)
working days after the dismissal is grieved unless mutually extended.
18.7.2 If the grievance is then appealed to Step III to be submitted to an impartial
arbitrator for a final and binding decision, ANAHEIM and APMA agree to:
18.7.2.1 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.
18.7.2.2 Stipulate to the following submission of 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?"
ARTICLE 19 — LAYOFF AND RE-EMPLOYMENT
19.1 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.
19.1.1 An employee who has been laid off shall be reassigned within the Police
Department in an equivalent or lower job classification for which he/she
meets the minimum requirements and has City seniority over other employees
in that job classification. If the employee whose position has been abolished
does not have seniority over other employees in equivalent or lower classes,
the employee may be reassigned by the Chief of Police to any vacant position
within the Police Department in an equivalent or lower job classification for
which the employee meets the minimum requirements. Employees so
reassigned shall be placed in the salary step of the appropriate salary schedule
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closest to their rate of pay. Employees so reassigned shall be reinstated to
their former job classification and salary step status when positions in their
former job classification (within their department) become vacant. Such
reinstatement shall be on the basis of City seniority.
19.1.2 Whenever an employee whose position has been abolished cannot be
reassigned to a vacant position within the Police Department, the employee
shall be reassigned by the City Manager to any vacant position in any other
division or department in an equivalent or lower job classification for which
he/she meets the minimum qualifications for employment. If an employee is
reassigned to a vacant position in an equivalent or lower job classification in
any other department, the employee 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
classification in any other department shall be reinstated to their former job
classification and salary step status when positions in their former job
classification (within their former department) become vacant. Such
reinstatement shall be on the basis of City seniority.
19.2 Whenever an employee whose position has been abolished is not reassigned to any
vacant position, the employee shall be placed on the re-employment list for his/her
job classification. Persons on the re-employment list shall be re-employed with their
former salary step status when positions in their job classification (within the Police
Department from which they were laid off) become vacant. Re-employment shall be
on the basis of City seniority.
19.3 Whenever an employee is reassigned to a vacant position in the same classification,
an equivalent classification, or lower classification as herein provided, the employee
shall retain the same anniversary date for purposes of merit pay increases.
19.4 Whenever an employee is reinstated to a vacant position in his/her former job
classification or re-employed as herein provided, his/her anniversary date for
purposes of merit pay increases shall be the one the employee had at the time he/she
was laid off from the position.
19.4.1 An employee reinstated from the re-employment list shall be considered to
have continuous service and may be credited with the amount of accumulated
vacation leave the employee had accrued at the time of layoff if the employee
elects to remit to ANAHEIM any payment received under the provisions of
ARTICLE 29 - VACATION.
ARTICLE 20 — REINSTATEMENT
20.1 An employee who terminates employment in good standing may be reinstated to a
vacant position in his/her former job classification within three (3) years of his/her
termination date without requalifying for employment by competitive processes.
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20.1.1 Employees reinstated within thirty (30) days of their termination date shall be
considered to have continuous service and shall not serve a new probationary
period. They shall be credited with the amount of accumulated sick leave they
forfeited at the time of termination. Employees shall be placed in their former
salary step and shall retain their anniversary date for purposes of merit pay
increases. If an employee's anniversary date occurred during the period of
his/her absence, the new anniversary date shall be the first day of the next
biweekly pay period following reinstatement.
20.1.2 Employees reinstated after thirty (30) days of their termination date 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.
20.2 An employee may be reinstated under the provisions of the Vocational Rehabilitation
Administrative Regulation to any vacant position for which he or she meets the
minimum qualifications.
ARTICLE 21— VOLUNTARY DEMOTION
21.1 If an employee takes a voluntary demotion as a result of a downward reclassification
of the employee's position, the employee shall be placed in the salary step of the
lower salary schedule closest to his/her rate of pay.
21.2 Voluntary demotions as a result of impending layoff shall be in accordance with the
provisions of ARTICLE 19 - LAYOFF AND RE-EMPLOYMENT.
21.3 An employee may request a voluntary demotion for any reason. Such a voluntary
demotion shall require the approval of the Chief of Police and the Human Resources
Director. An employee taking such a voluntary demotion to a classification the
employee was not promoted from may be placed in any salary step of the appropriate
salary schedule that does not provide an increase in salary and shall be given a new
anniversary date for purposes of merit pay increases in accordance with provisions of
ARTICLE 9.1. An employee taking such a voluntary demotion to a classification the
employee was promoted from shall be returned to the salary step from which the
employee was promoted and shall receive credit for time previously served at that
salary step for the purposes of determining the anniversary date for merit pay
increases.
21.3.1 Voluntary demotions in accordance with the Vocational Rehabilitation
Administrative Regulation shall be in accordance with the provisions of
ARTICLE 21.3.
21.4 An employee who has taken a voluntary demotion to a lower job classification may
be reinstated to a vacant position in the employee's former job classification within
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three (3) years of the effective date of the voluntary demotion without requalifying by
competitive processes.
21.4.1 Employees reinstated to a former job classification from a voluntary demotion
shall retain their rate of pay. If their rate of pay is not included in the salary
schedule of the former job classification, employees shall be placed in the
salary step of that salary schedule which is closest to their rate of pay.
Employees shall retain their anniversary date for purposes of merit pay
increases; however, if an employee is placed at the seventh (7 h) step of the
salary schedule, the employee shall be eligible for a merit pay increase after
six (6) months or the employee's regular anniversary date, whichever is
sooner.
ARTICLE 22 — BEREAVEMENT LEAVE
22.1 In the event a death occurs in the immediate family of a full-time employee, the
employee shall be granted bereavement leave with pay for up to a maximum of three
(3) consecutive work shifts. "Immediate family" shall be defined as any relative by
blood or marriage who is a member of the employee's household, under the same
roof, and any parent, foster parent, step-parent, spouse or registered domestic partner,
child, grandchild, and brother or sister of the employee, or any child, parent, foster
parent or step-parent of the employee's spouse or registered domestic partner,
regardless of residence.
22.2 In the event a death occurs among other family members of an employee, the
employee shall be granted bereavement leave with pay for up to a maximum of one
(1) work shift. Other family members shall be defined as grandparent, daughter-in-
law or son-in-law not under the same roof of the employee, and any grandparent,
child, grandchild, brother, or sister of the employee's spouse or registered domestic
partner, regardless of residence.
22.3 Bereavement leave may be used only at the time a death occurs or to make burial
arrangements and/or attend funeral or memorial services.
21.3.1 Employees may use available vacation on the books up to five (5) days.
22.4 As used in this ARTICLE, "registered domestic partner" means that a Declaration of
Domestic Partnership has been filed with the California Secretary of State.
ARTICLE 23 — HOLIDAYS
23.1 The following days shall be recognized as holidays:
• January 1, New Year's Day
• Third Monday in January, Martin Luther Kings Birthday
• Third Monday in February, President's Day
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• Last Monday in May, Memorial Day
• July 4, Independence Day
• First Monday in September, Labor Day
• November 11, Veteran's Day
• Fourth Thursday in November, Thanksgiving Day
• Friday after Thanksgiving
• December 25, Christmas Day
• Every day designated by the City Council for a public feast, thanksgiving, or
holiday.
23.2 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 Chief of Police to provide maximum regular service to the public.
23.3 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 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 holiday.
23.4 Employees shall receive sixteen (16) hours (separate leave bank) per calendar year.
Employees shall be required to take time off in full -day increments (e.g. eight (8)
hours).
23.4.1 The sixteen (16) hours shall be deposited on the first pay date in January of
each calendar year.
23.4.2 Employees shall use or lose the sixteen (16) hours per calendar year, and the
sixteen (16) hours shall have no monetary value.
23.4.3 The sixteen (16) hours or any portion thereof shall have no monetary value at
the time of separation.
23.4.4 The provisions in ARTICLES 29.2 and 29.3 shall apply to ARTICLE 23.4.
23.4.5 Effective January 1, 2019, employees shall receive two (2) personal days per
calendar year. The personal days shall equate to a regular scheduled work
shift and shall be used in full -day increments, i.e. no partial shifts. The
provisions in ARTICLES 23.4, et. seq. shall apply.
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ARTICLE 24 — INDUSTRIAL ACCIDENT LEAVE
24.1 In the event that any full-time employee is absent from work as a result of any injury
or disease which comes under the State of California Workers' Compensation
Insurance and Safety Act, such absence shall be considered to be Industrial Accident
Leave, and the employee shall be entitled to the full benefits provided under
California Labor Code section 4850.
24.2 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 Department of the filing of
such legal action.
24.3 Industrial Accident Leave shall begin on the first day of such absence as defined in
ARTICLE 24.1.
24.3.1 Industrial Accident Leave shall continue during all absences due to a single
injury but not to exceed one (1) year of accumulated absence.
24.3.2 Industrial Accident Leave benefits provided by this ARTICLE shall apply to
each injury or disease as defined in ARTICLE 24.1.
24.3.3 The effective date of a permanent disability rating as awarded by the Workers'
Compensation Appeals Board ends eligibility for Industrial Accident Leave
for that particular injury or disease.
24.3.4 A written statement from the treating physician that the employee's condition
is permanent and stationary or separation from ANAHEIM service ends
eligibility for Industrial Accident Leave for that particular injury or disease.
24.3.5 Industrial Accident Leave for absence due to injury or disease as defined in
this ARTICLE shall be granted to employees only upon presentation of a
physician's certificate of treatment.
24.4 No employee shall have accrued paid leave deducted while on Industrial Accident
Leave. Vacation and sick leave shall continue to accrue for an employee on
Industrial Accident Leave in accordance with the provisions of ARTICLE 28 — SICK
LEAVE and ARTICLE 29 - VACATION.
ARTICLE 25 — JURY DUTY AND COURT APPEARANCES
25.1 In the event a full-time employee is duly summoned to court for the purpose of
performing jury duty, the employee shall receive his/her regular compensation for any
regularly scheduled working hours spent in actual performance of such service.
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25.1.1 Whenever employees are duly summoned to appear as witnesses in actions
arising out of their employment adverse to ANAHEIM, except where
employees are litigants or defendants in criminal cases brought about as a
result of their own misconduct, employees shall receive their regular
compensation for any regularly scheduled working hours spent in actual
performance of such service.
25.1.2 Whenever employees are summoned to appear as witnesses for court matters
within the scope of their employment, employees shall be compensated in
accordance with provisions concerning compensation for normal performance
of duties.
25.1.3 Employees receiving witness fees shall remit such fees to the Collection
Officer in order to be considered at work for payroll purposes during time
spent as witnesses.
ARTICLE 26 — LEAVE WITHOUT PAY
26.1 An employee who is absent from work and who is not on leave with pay shall be
considered to be on leave without pay.
26.1.1 An employee on leave without pay shall receive no compensation and if on
leave over forty (40) hours in a pay period shall accumulate no vacation and
sick leave while on such leave.
26.1.2 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 forty (40) working hours may be granted by the
employee's Division Head. Leave without pay in excess of forty (40) hours
shall require the approval of the Chief of Police.
26.1.3 In the event that leave without pay is granted an employee for reasons of
illness or physical incapacity, 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)
complete months.
26.1.4 In the event that leave without pay is granted an employee for an absence due
to a disputed worker's compensation 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) complete months.
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26.1.5 An employee who is absent from work for a period of one (1) year on leave
without pay shall be separated from service; provided however that an
employee who is absent from work as a result of a disputed worker's
compensation illness or injury shall not be separated until the employee has
been absent for two (2) years. An employee separated under the provisions of
this ARTICLE shall be eligible for reinstatement pursuant to ARTICLE 20 -
REINSTATEMENT. No psychological evaluation will be required.
Separation under the provisions of this paragraph shall not affect an
employee's eligibility for any Disability or Worker's Compensation benefits
to which the employee may be entitled.
26.1.6 Leave without pay as provided for in ARTICLES 26.1.3 and/or 26.1.4 may be
extended at the request of the Chief of Police, with the concurrence of the
Human Resources Director, when there is sound medical reason to believe
that the employee's return to work is likely.
26.1.7 An employee returning to work from leave without pay shall be placed in the
same salary step the employee was in prior to such leave. If such leave was in
excess of two (2) complete biweekly pay periods, the employee's anniversary
date for purposes of merit pay increases shall be changed to conform with the
provisions of ARTICLE 9.1 provided that the employee returns to a position
in the same job class. If the employee returns to a position in a lower job
class, the employee's salary step status shall be determined in accordance with
the provisions of ARTICLE 21 - VOLUNTARY DEMOTION.
ARTICLE 27 — MILITARY LEAVE
27.1 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 (including but not limited to Sections 395, 395.01, 395.02, 395.03 and
395.11) and with all Federal provisions (Public Law 93-508).
27.1.1 During any term of deployment, employees shall be considered to be on leave
without pay status (LWOP) and shall receive no leave accruals.
ARTICLE 28 — SICK LEAVE
28.1 Employees shall accrue annual sick leave with pay in accordance with the following
provisions:
28.1.1 Employees with an average work week of forty (40) hours shall accrue paid
sick leave at the rate of three (3) hours for each complete biweekely period.
28.1.2 Paid sick leave shall continue to accrue in accordance with the above
provisions during any period of leave with pay, except that employees who
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remain on Industrial Accident Leave in accordance with ARTICLE 24 -
INDUSTRIAL ACCIDENT LEAVE, after exhausting State mandated 4850
benefits shall accumulate no sick leave.
28.1.3 An employee requesting sick leave for an absence from work as a result of
any injury or disease which comes under the State of California Workers'
Compensation Insurance and Safety Act after eligibility for Industrial
Accident Leave has ended shall receive maximum compensation from the
City in an amount equal to the difference between temporary disability
payments mandated by the State of California Workers' Compensation
Insurance and Safety Act and his/her regular rate of pay.
28.2 Employees shall take sick leave in full day increments only except in cases where
family leave or short term disability situations exist. The number of hours of an
employee's regular work day shall be deducted from his/her accrued sick leave time
for each regularly scheduled working day that he/she is on paid sick leave.
28.2.1 An employee may, at his/her option, elect to use vacation time to bridge the
period after sick leave is exhausted and prior to short term disability
commencing.
28.3 Sick leave that is accrued, but not taken shall be accumulated.
28.3.1 Employees shall be paid at their regular base rate of pay, including
Educational Incentive Pay and POST Pay pursuant to ARTICLES 10.2, 10.3,
and 10.4, for all hours accumulated beyond one hundred seventy-five (175)
hours 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.
28.3.2 ANAHEIM shall pay an employee upon the employee's termination of
employment due to retirement or layoff in accordance with ARTICLE 19 -
LAYOFF AND RE-EMPLOYMENT, all hours accumulated up to the
maximum of one hundred seventy-five (175) hours that may be carried over
from year to year. If an employee dies while employed, the City shall pay
his/her beneficiary, as designated by the Public Employees' Retirement
System records, the cash equivalent (paid at base salary rate) of all hours
accumulated up to the maximum of one hundred seventy-five (175) hours that
may be carried over from year to year.
28.3.3 When an employee, represented by the Anaheim Police Association
(hereinafter called "APA"), is promoted into a classification represented by
APMA, such employee's paid leave time accrued but not taken shall be
converted as follows:
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28.3.3.1 The employee's account balance for sick leave with pay shall
be credited with all hours to a maximum of one hundred
seventy five (175) and shall be available for immediate use.
28.3.3.2 The employee's account balance for vacation with pay shall be
credited with any hours remaining and shall be immediately
available for use.
28.4 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 benefit of net sixty percent (60%) of his/her base rate
of pay, after withholding taxes, and less deductible benefits. Such disability benefit
shall continue during total disability up to a maximum of six (6) months from date of
disability. Upon completion of thirty (30) and/or ninety (90) days of absence while
receiving short term disability benefits, an employee shall be required to undergo a
physical examination by the treating physician or medical practitioner and shall
submit a report of such examination explaining the nature and extent of the disabling
illness or injury 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.
28.4.1 Deductible benefits include salary or other compensation paid by any
employer; Workers' Compensation Act or similar law including benefits for
partial or total disability, whether permanent or temporary if benefits being
received are for the current disabling condition; and a pension plan toward
which the City contributed.
28.4.2 Total disability means an employee's complete inability to engage in his/her
regular occupation.
28.4.3 Benefits are not payable unless the employee is regularly seen and treated by a
licensed physician or medical practitioner who certifies to the continuing
disability.
28.5 In the event that a paid holiday occurs during a period when an employee is on paid
sick leave, the holiday shall not be charged against the employee's accrued sick leave.
The only sick leave hours that shall be charged against an employee's accrued sick
leave shall be those hours that the employee is regularly scheduled to work.
28.6 An employee eligible for paid sick leave shall be granted such leave for the following
reasons:
28.6.1 Illness of the employee or physical incapacity of the employee due to illness or
injury.
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28.6.2 Enforced quarantine of the employee in accordance with community health
regulations.
28.6.3 Temporary disabilities caused by pregnancy and childbirth.
28.6.4 Illness of the employee's immediate family member.
28.7 An employee who cannot perform his/her assigned duties due to illness or physical
incapacity shall inform his/her immediate supervisor of the fact and the reason
therefore as soon as possible. Failure to do so within a reasonable time may be cause of
denial of sick leave with pay.
28.8 In the event that an employee is absent on sick leave in excess of twenty-four (24)
consecutive working hours, the Chief of Police may require that the employee submit to
him/her a written statement by a physician licensed by the State of California certifying
that the employee's condition prevented him/her from performing the duties of his/her
position. Failure on the part of the employee to comply with such a requirement may be
considered cause for disciplinary action.
28.9 If two (2) or more periods of total disability occur during a specific six (6) month
elimination period for the insured long term disability plan, all such periods shall be
considered as one (1) period of continuous total disability under the following
conditions:
28.9.1 All periods of total disability must be due to the same cause or causes; and
28.9.2 All recurring periods of total disability that qualify as one (1) period of
continuous total disability for the insured long term disability plan, shall
qualify as one (1) period of continuous total disability for the ANAHEIM
Disability Plan and shall not require a new one (1) month waiting period
before ANAHEIM Disability Benefits will be paid; and
28.9.3 Commencement of the benefit period for the insured long term disability plan
shall automatically terminate benefits from the ANAHEIM Disability Plan.
ARTICLE 29 — VACATION
29.1 Employees with an average work week of forty (40) hours shall receive annual vacation
with pay in accordance with the following provisions:
29.1.1 For the first four (4) years of continuous, full-time service, such employees
shall accrue paid vacation at the rate of four (4) hours for each complete
biweekly pay period plus two (2) hours for 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.)
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29.1.2 Upon completion of four (4) years of continuous, full-time service, such
employees shall accrue paid vacation at the rate of five (5) hours for each
complete biweekly pay period (130 hours per year).
29.1.3 Upon completion of eight (8) years of continuous, full-time service, such
employees shall accrue paid vacation at the rate of six (6) hours for each
complete biweekly pay period (156 hours per year).
29.1.4 Upon completion of fourteen (14) years of continuous, full-time service,
such employees shall accrue paid vacation at the rate of seven (7) hours for
each complete biweekly pay period (182 hours per year).
29.1.5 Upon completion of nineteen (19) years of continuous, full-time service,
such employees shall accrue paid vacation at the rate of eight (8) hours for
each complete biweekly pay period (208 hours per year).
29.1.6 Upon completion of twenty-four (24) years of continuous, full-time service,
such employees shall accrue paid vacation at the rate of nine (9) hours for
each complete biweekly pay period (234 hours per year).
29.2 Paid vacations shall continue to accrue in accordance with the above provisions
during any period of leave with pay, except that employees who remain on Industrial
Accident Leave in accordance with ARTICLE 24 - INDUSTRIAL ACCIDENT
LEAVE after exhausting State mandated 4850 benefits shall accumulate no vacation.
All vacations shall be scheduled and taken in accordance with the best interests of the
City 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 (1/2) hour.
29.3 An employee shall be eligible to take any accrued vacation upon completion of six (6)
months of service.
29.4 Maximum vacation accumulations for employees shall be as follows:
29.4.1 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.
29.4.2 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.
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29.4.3 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.
29.4.4 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.
29.4.5 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.
29.4.6 For employees accruing vacation at the rate of two hundred thirty-four
(234) hours every twenty-six (26) complete biweekly pay periods, the
maximum amount of vacation that may be accumulated shall be four
hundred sixty-eight (468) hours.
29.5 Upon termination, an employee shall be paid at his/her regular base rate of pay,
including Educational Incentive Pay and POST Pay pursuant to ARTICLES 10.2,
10.3, and 10.4, for any vacation accrued but not taken. Upon termination, the
employee shall be compensated for the full accrual for the final pay period.
29.6 In the event that a recognized holiday occurs during an employee's vacation, the
holiday shall not be charged against the employee's accrued vacation. The only
vacation hours that shall be charged against an employee's accrued vacation shall be
those hours that the employee is regularly scheduled to work.
29.7 An employee shall have the ability to be compensated for accrued vacation hours at
any time throughout the year, subject to the following provisions:
29.7.1 The employee must have used forty (40) hours of vacation during the
previous twelve (12) months. The use of personal day hours (separate
leave bank) in ARTICLE 23.4, et. seq. shall be counted as vacation hours
for the purpose of this ARTICLE.
29.7.2 The employee's balance cannot drop below eighty (80) hours as a result of
the request.
29.7.3 The Chief of Police must approve the employee's request for the vacation
pay-off.
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29.7.4 An employee shall be paid at his/her regular base rate of pay, including
Educational Incentive Pay and POST Pay pursuant to ARTICLES 10.2,
10.3, and 10.4.
ARTICLE 30 — PREMIUM PAY
30.1 All classes listed in Appendix "A" shall be designated as exempt and shall be
considered exempt from overtime pursuant to the Fair Labor Standards Act (FLSA).
30.2 Police Lieutenants shall be compensated at their regular rate of pay for required court
appearances during off -duty hours.
30.3 Police Lieutenants and Police Captains shall be compensated at their regular hourly
rate of pay for those selected supervisory work functions performed while engaged in
internal security for Anaheim Stadium Rock Concert events.
30.4 Police Lieutenants serving as Watch Commander shall be compensated at the rate of
one and one-half (1 V2) times their regular rate of pay for all overtime hours worked
while serving in that capacity.
30.5 All classes listed in Appendix "A" may be compensated for overtime work authorized
by the Chief of Police at the rate of one and one-half (1 '/2) times their regular rate of
pay provided that such employees have been assigned by the Chief of Police to
perform work normally performed by employees in non-exempt job classes.
30.6 All classes listed in Appendix "A" shall be compensated for overtime work at the rate
of one and one-half (1 '/2) times top step, Police Officer — Senior Master Advanced or
top step, Police Sergeant — Senior Master Advanced, provided that such employees
have been requested by a Police Sergeant assigning reimbursable or non -reimbursable
overtime, and the work normally would have been performed by employees in the
APA unit.
30.6.1 Assignments in ARTICLE 30.6 shall be permitted to be worked by
Lieutenants and Captains voluntarily and at their choosing, and the
assignment shall only be reimbursable and non -reimbursable extra duty
events, specifically at Honda Center, Angel Stadium, Anaheim Convention
Center, Disneyland Resort, The Garden Walk, or any other extra duty
assignment that is reimbursable or non -reimbursable to the City or paid for by
a grant.
30.6.2 An extra duty assigament(s) must be approved in advance by the Police Chief
or his/her designee prior to a Lieutenant or Captain working reimbursable or
non -reimbursable overtime.
30.6.3 A Lieutenant or Captain who is absent from work due to sick leave, vacation,
or any other reason shall be prohibited form working overtime on such day
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he/she is absent or the weekend immediately following such absence. For
example, an employee cannot be absent from work on a Friday due to sick
leave or vacation and then work overtime hours on Sunday.
30.6.4 Extra duty, reimbursable or non -reimbursable overtime shall not interfere with
the normal duties and responsibilies expected of a Lieutenant or Captain, or
overlap or be performed in lieu of regular scheduled hours.
30.6.5 The assignment shall determine the appropriate rate of pay, depending upon
the position to be filled as determined by the Police Sergeant assigning the
event.
ARTICLE 31 — TRAVEL AND MILEAGE EXPENSES
31.1 Travel expense allowance for employees while on ANAHEIM business shall be
provided in accordance with regulations established by the City Manager and/or the
City Council.
31.2 ANAHEIM's Mileage Reimbursement rate will be the maximum mileage allowance
established by the Internal Revenue Service for which an employee does not have to
account to his/her employer for business transportation expenses.
31.3 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 32 — ADMINISTRATIVE LEAVE WITH PAY
32.1 Employees in classifications listed in Appendix "A" may be placed on Administrative
Leave With Pay at the discretion of Police Department management with the
concurrence of the City Manager under the following circumstances:
32.1.1 Officers involved in shooting.
32.1.2 Officers suspected of wrongful acts at such times as the best interests of
ANAHEIM are served by keeping such officers away from the workplace.
32.1.3 Employees judged by a manager or supervisor to be "unfif 'to safely perform
assigned duties and required to undergo a fitness for duty assessment shall be
eligible to receive Administrative Leave With Pay from the day an employee
is judged to be unfit to the day a fitness for duty assessment is received by the
Police Department. For the purpose of ARTICLE 37 - FITNESS FOR
DUTYASSESSMENTS, Administrative Leave With Pay shall be combined
with vacation to satisfy the elimination period for entitlement to Short Term
Disability Benefits.
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ARTICLE 33 — GRIEVANCE GENERAL
33.1 Any violation of the terms and conditions of this MOU or the Police Department
Rules of Conduct, or any violation of commonly accepted safety practices and
procedures, as alleged by APMA, shall be considered to be a matter subject to review
through the grievance procedure and settled in accordance with the provisions of this
ARTICLE. Any discipline imposed under the provisions of ARTICLE 18 -
SUSPENSION, DEMOTION, AND DISMISSAL shall also be considered to be a
matter subject to review through the grievance procedure and may be brought forward
by either APMA or the affected employee on his/her own behalf.
33.1.1 In those instances where the discipline imposed is other than a suspension,
demotion, or dismissal, either the APMA or the affected employee on his/her
own behalf, may submit a written request for a review of the disciplinary
action through an administrative review procedure.
33.1.1.1 Administrative Review Procedure:
The written request must be submitted to the Police Chief s office
within fourteen (14) calendar days after receipt of notice by the
employee of the disciplinary action. The Chief of Police shall
conduct an administrative review within fourteen (14) calendar days
of submission of the written request.
The Chief of Police shall review the disciplinary action and may
affirm, reverse, or modify as deemed appropriate the disciplinary
action. The Chief s determination shall be delivered in writing
within fourteen (14) calendar days after the administrative review.
The Chief s determination shall be final and binding.
33.1.2 Supervisory log entries shall not be subject to review through the grievance
procedure nor through the administrative review procedure set forth in
ARTICLE 33. L 1.1.
33.2 Any violation of this MOU as alleged by ANAHEIM shall be resolved between
authorized representatives of ANAHEIM and APMA. In the event that the parties
cannot resolve the dispute, the dispute shall, upon the request of either party, be
referred to an impartial arbitrator for a final and binding decision.
33.3 All filing fees and arbitrator expenses shall be borne equally by ANAHEIM and
APMA. Any compensation payable to an employee who is required to be available to
testify as a witness shall be borne by the calling party.
33.4 Employee grievances shall be handled in the following manner:
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33.4.1 Step I. An attempt shall be made to adjust all grievances on an informal basis
between the employee and/or his/her designated representative and the Deputy
Police Chief, within fourteen (14) calendar days after the occurrence of the
incident involved in the grievance. The answer shall be issued within seven
(7) calendar days after the Step I grievance hearing.
33.4.1.1 Grievances resulting from the actions of a department other than an
employee's work unit shall be heard by an appropriate
Administrative/Executive Manager from that department.
33.4.2 Step II. If the grievance is not satisfactorily adjusted in Step I, it shall be
submitted in writing to the Chief of Police within fourteen (14) calendar days
after the Deputy Police Chief s answer is issued. The Chief of Police shall
meet with the employee and/or his/her designated representative within
fourteen (14) calendar days after submission of the grievance. The Chief of
Police shall review the grievance and may affirm, reverse, or modify as
deemed appropriate, the disposition made at Step I and shall issue the Step II
answer within seven (7) calendar days after said meeting.
33.4.2.1 Grievances resulting from the actions of a department other than an
employee's work unit shall be heard by an appropriate
Administrative/Executive Manager from that department.
33.4.3 Step III. If the grievance is not satisfactorily adjusted in Step II, it shall be
submitted, solely by APMA, to an impartial arbitrator for a final and binding
decision. Such submission must occur within thirty (30) calendar days after
the Chief of Police's answer is issued.
33.4.4. The parties (ANAHEIM and APMA) 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.
33.5 In order to request arbitration, either party shall serve written notice to the other party
specifying the grievance to be submitted. The parties shall thereafter attempt to
resolve the issue and select the arbitrator. If such written notification and selection of
the arbitrator is not completed within thirty (30) calendar days after the Chief of
Police's answer is received by the employee and/or his/her designated representative,
then either party may take action to compel arbitration. Failure to take action to
compel arbitration within thirty (30) additional calendar days shall conclusively be
deemed abandonment of the right to compel arbitration.
33.5.1. The arbitrator's decision shall be final and binding on both parties, it being
agreed that the arbitrator shall have no powers to add to or subtract from, or to
modify any of the terms of the MOU between the parties and that the
arbitrator's award shall be consistent with and controlled by this MOU,
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Ordinances and Charter of ANAHEIM, and the laws and Constitution of the
State of California.
33.5.2. The arbitrator shall be requested by the parties to render a 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.
33.6 Any grievance not presented and/or carried forward by the employee and/or his/her
designated representative within the time limits specified in this ARTICLE shall be
deemed null and void, provided, however, the employee and/or his/her designated
representative and the ANAHEIM representative may agree to continue said time
limits.
33.7 Any adoption, deletion, or revision of ANAHEIM policy as may be suggested or
recommended by an employee or employee organization shall not be considered to be
a matter subject to review through the grievance procedure.
33.8 Grievances relating to alleged violations of the terms and conditions of this MOU are
reserved exclusively to APMA. Employees shall have the right to be represented in
all other grievance matters in the following manner:
33.8.1 Employees shall have the right to represent themselves individually in
grievance matters through Step III of the grievance procedure.
33.8.2 Employees may designate a representative to represent them in grievance
matters through Step III of the grievance procedure.
33.8.3 No supervisor shall be represented in grievance matters by an employee
whom he/she may supervise.
33.8.4 No employee shall be represented in grievance matters by a supervisor for
whom he/she may work.
33.9 ANAHEIM and APMA agree that a member of the Board of Directors of APMA may
represent in grievance matters an employee whom he/she may supervise or an
employee for whom he/she may work, except when the member of the Board of
Directors is a party to the grievance.
33.10 ANAHEIM and APMA agree that any retroactive pay adjustment due an employee as
the result of error or inadvertence shall be limited to three (3) years or the date of the
occurrence, whichever is most recent. Any retroactive pay adjustment due an
employee as the result of the resolution of a dispute over the application of the terms
and conditions of this MOU shall be limited to the pay period prior to the date that
ANAHEIM was noticed of the dispute.
26
ARTICLE 34 — INSURANCE, PENSIONS, AND PREREQUISITES
34.1 For the purposes of Health Insurance, Life Insurance, Short -Term Disability, and
Long -Term Disability Benefits, Dental Plans, and Retirement Health Savings Plan,
employees covered within this bargaining unit shall be treated similarly to all other
City management pursuant to the City of Anaheim Personnel Rules covering
Management, Confidential, and Non -Represented Part -Time Employees.
34.2 If ANAHEIM modifies, deletes, or amends the City of Anaheim Personnel Rules
covering Management, Confidential, and Non -Represented Part -Time Employees
specifically in relation to items listed in ARTICLE 34.1, ANAHEIM shall meet and
confer with APMA with respect to such changes.
34.3 Pensions
34.3.1 For Safety Plan Employees in the Public Employees' Retirement System
(hereinafter called "PERS") assigned to the Police Safety Management Unit,
the ANAHEIM shall provide Government Code section 21362.2 benefits
("3%@50") with a final compensation measurement period of one (1) year
pursuant to Government Code section 20042. As agreed by the Parties in a
Letter of Understanding approved by Anaheim City Council on August 12,
2014, Safety Plan Employees enrolled in this benefit plan (3%@50), shall
contribute twelve percent (12%) of compensation earnable towards Ca1PERS
pensions benefits.
34.3.2 APMA and ANAHEIM agree that ANAHEIM will amend the PERS Safety
Plan (Police Safety Management Unit) 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 benefit plan shall consist of
the 2.7%@57 defined benefit formula (Government Code Section 7522.25(d)
and (e)) or any other optional formula set forth in new Government Code
Section 7522.25 subsequently agreed upon between ANAHEIM and APA,
with a final compensation measurement period of three (3) consecutive years
(Government Code Section 20037) and the employee paying the full required
member contribution amount equal to fifty percent (50%) of the normal costs
attributable to the applicable retirement formula, as provided in Government
Code Sections 7522.30 and 20516, or any greater amount subsequently agreed
upon between the City and APA that consistent with those provisions.
34.3.2.1 ANAHEIM and APMA agree that any provisions of ARTICLE
34.3.2, as amended herein, that are contrary to or inconsistent with
the lawful provisions of the California Public Employees' Pension
Reform Act of 2013 shall be modified so as to cause them to be
consistent with those lawful provisions through a Letter of
Understanding that amends the MOU, as amended herein, and
incorporated with this MOU.
27
ARTICLE 35 — MEDICAL EXAMINATIONS
35.1 An employee who returns to work after an absence in excess of four (4) consecutive
work shifts due to illness or physical incapacity may be required by the Chief of
Police to undergo a medical examination.
35.1.1 An employee who fails to pass a medical examination required under the
provisions of ARTICLE 35.1 may, after appropriate consultation and with the
concurrence of the employee, be transferred or demoted to a position requiring
lesser medical qualifications. If the employee cannot be transferred or
demoted, he/she shall be recommended for disability retirement or terminated.
35.2 All medical 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.
35.3 ANAHEIM shall pay for any medical examination required under the provisions of
this ARTICLE.
ARTICLE 36 — FITNESS FOR DUTY
36.1 ANAHEIM and APMA are committed to maintenance of a safe workplace.
Employees are individually responsible and accountable for their personal fitness for
duty and shall not report to duty while "unfit" for any reason to safely perform
assigned duties. Each manager or supervisor of ANAHEIM is responsible and
accountable for day-to-day assessment of each subordinate's fitness for duty.
36.2 When, in the judgment of a manager or supervisor, an employee is "unfit" to safely
perform assigned duties, the manager or supervisor shall remove the unfit employee
from the workplace in accordance with regulations established by ANAHEIM.
36.3 ANAHEIM and APMA agree that employees may be judged unfit for duty due to
(1) illness or injury (mental, emotional, or physical) or use of prescription drugs,
alcohol, or other substances, (2) employee assertion that he/she is "unfit" to safely
perform assigned duties, or (3) employee, or third party notification to ANAHEIM of
any current illness, injury, or condition which may pose a danger to the employee, co-
workers, or the public.
36.4 ANAHEIM and APMA agree that ANAHEIM may, at the discretion of the Chief of
Police, require an employee judged unfit for duty to undergo a fitness for duty
assessment.
36.5 ANAHEIM and APMA agree to require an employee judged unfit for duty to seek
treatment, comply with all recommended treatment and recovery plans, and keep
ANAHEIM informed of the prognosis and date of expected return to work.
28
ANAHEIM and the APMA agree that failure to comply with the provisions of this
ARTICLE may subject an employee to discipline up to and including termination.
ARTICLE 37 — FITNESS FOR DUTY ASSESSMENTS
37.1 An employee who is judged by a manager or supervisor to be "unfit" to safely
perform assigned duties may be required at the discretion of the Chief of Police to
undergo a fitness for duty assessment.
37.2 An employee found to be unfit for duty as a result of a fitness for duty assessment
shall be deemed eligible for Paid Leave and Short -Term Disability Benefits in
accordance with ARTICLE 29 - VACATION. An employee shall be required to seek
treatment, comply with all recommended treatment and recovery plans, and keep
ANAHEIM informed of the prognosis and date of expected return to work. Failure to
comply with the provisions of this section may subject an employee to denial of
benefits and/or discipline up to and including termination.
37.3 At the discretion of the Chief of Police, an employee may be required to undergo a
return to work fitness for duty assessment and/or agree to continuing treatment and
follow-up in order to be eligible to return to work.
37.4 Employees who are not on light duty shall be required as a condition of employment
to participate in, and attempt to complete, an annual physical ability test (PAT).
37.4.1 Employee who do not complete the PAT shall participate in the
Fitness/Wellness Program for the next twelve (12) month period immediately
following the date of the PAT. Upon completion of the Fitness/Wellness
Program, employees shall again be required to complete the PAT on an annual
basis.
37.4.2 The components of the PAT may differ from, but will not exceed, those of the
POST Work Sample Test Battery standards.
ARTICLE 38 — POST RETIREMENT MEDICAL BENEFITS
38.1 Retired employees who are receiving a post -retirement medical benefit from
ANAHEIM on the date the City Council approved the applicable City of Anaheim
Personnel Rule revision shall continue to receive such benefits in accordance with the
provisions of ARTICLE 3 8 that was in effect at the time of their retirement.
38.2 An employee covered by the applicable City of Anaheim Personnel Rule who is
enrolled as a subscriber in an ANAHEIM sponsored health plan at the time of
separation from ANAHEIM service shall be eligible to participate in an ANAHEIM
sponsored health plan (medical and dental) as a retiree subject to the following terms
and conditions:
29
38.2.1 The employee must be credited with at least five (5) years of continuous, full-
time ANAHEIM service on the date of retirement, and
38.2.2 The employee must have been awarded a retirement from PERS as the reason
for separation from ANAHEIM service, and
38.2.3 PERS retirement benefits must commence no later than the first day of the
month following the date of separation from ANAHEIM service, OR
38.2.4 The employee must have been awarded a disability retirement (Ordinary or
Industrial) from PERS as the reason for separation from ANAHEIM service.
38.2.5 An employee who has completed twenty (20) consecutive years of service
with ANAHEIM as a sworn Police Officer and who has prior service as a
certified sworn Police Officer with another California Law Enforcement
Agency shall receive up to three (3) years of additional service credit for the
purpose of calculating ANAHEIM's contribution towards post -retirement
medical benefits.
38.3 For all regular, full-time employees hired prior to January 1, 1996 who meet the
requirements for participation in any ANAHEIM sponsored health plan as a retiree,
the City 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:
38.3.1 The percentage shall be one and two -tenths (1.2) times the 2% @ 50 Local
Public Agency Safety PERS retirement schedule for employees in
classifications assigned to the Safety retirement group. Such percentage shall
not exceed ninety-five percent (95%) and shall be based on the employee's
age and consecutive years of ANAHEIM service at the time of retirement.
ANAHEIM service shall be calculated to the nearest complete one quarter
(1/4) year.
38.3.2 For Disability Retirements, the contribution shall be a percentage of the
annual contributions made by ANAHEIM on behalf of active employees, the
percentage equal to two percent (2%) for each year of service to a maximum
contribution of ninety-five percent (95%) based on the employee's
consecutive years of ANAHEIM service for Safety and on ANAHEIM service
accrued through December 31, 2005 for Miscellaneous. ANAHEIM service
shall be calculated to the nearest complete one quarter (1/4) year.
38.3.3 In the event an employee is eligible for both a Service and a Disability
Retirement benefit under this ARTICLE, the employee shall receive the
Service Retirement benefit.
30
38.3.4 The ANAHEIM contribution shall be based on the Two (2) Party or Family
rate only for those employees who properly enroll a dependent spouse or
registered domestic partner 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.
38.4 For regular, full-time employees hired after January 1, 1996 who meet the
requirements for participation in any ANAHEIM sponsored health plan as a retiree,
there shall not be any ANAHEIM contribution towards the premium costs of the
ANAHEIM sponsored medical and/or dental plans.
38.4.1 For regular, full-time employees hired between January 1, 1996 and July 6,
2001 into a classification represented by APA who are eligible to participate
in any ANAHEIM sponsored health plan as a retiree pursuant to ARTICLE
57.6 of the MOU between APA and ANAHEIM and who promote into a
classification represented by APMA, shall not lose the benefit of ANAHEIM
making contributions toward the premium cost of the ANAHEIM sponsored
medical and/or dental plans. Such benefits shall be that offered to APMA and
ANAHEIM's contributions shall be subject to ARTICLES 38.3.1 through
38.3.4.
38.5 The following conditions shall apply to all retirees who are participating in the City
sponsored health plans:
38.5.1 Retirees shall be required to enroll in Medicare Parts A and B upon
establishing eligibility. Failure to enroll when eligible will result in
cancellation of coverage.
38.5.2. The full value of any Medicare credits provided to ANAHEIM or Medicare
surcharges imposed on ANAHEIM by virtue of a retiree's participation or
non -participation in Medicare shall be passed on to the retiree in the form of
reduced or increased premium costs.
38.5.3 The surviving spouse or registered domestic partner of the retiree may
continue coverage under the same terms and conditions provided that the
surviving spouse or registered domestic partner was properly enrolled at the
time of the employee's retirement and that dependent coverage was
continuously maintained during the employee's retirement.
38.5.4 Once cancelled for any reason, coverage shall not be reinstated.
38.5.5 Coverage shall be cancelled for non-payment of fees after three (3) months in
arrears.
31
38.5.6 There shall be Coordination of Benefits where other insurance exists.
38.5.7 Retirees may change plans and add dependents only during open enrollment
period, except that the surviving spouse or registered domestic partner of a
retiree may not enroll a new spouse or registered domestic partner.
ARTICLE 39 — NO STRIKE
39.1 ANAHEIM and APMA recognize the obligation of APMA's employee members to
continue to faithfully perform their services to ANAHEIM in accordance with the
highest professional standards for peace officers.
39.2 No employee covered by this MOU shall engage in, induce, or encourage any
concerted action against ANAHEIM including, but not limited to, strikes, work
stoppages, slowdowns, "sick -ins", "sick-outs", or withholding of services to
ANAHEIM.
39.3 APMA agrees that neither it, nor any of its officers or agents shall call, institute,
authorize, participate in, sanction, or ratify any concerted action against ANAHEIM
as specified above.
ARTICLE 40 — CONSTRUCTION
40.1 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 41— SAVINGS CLAUSE
41.1 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 shall not be affected thereby, and shall
remain in full force and effect.
ARTICLE 42 — DURATION
42.1 This MOU shall become effective upon approval of its terms by the City Council and
shall remain in full force and effect through and including June 30, 2025.
32
STAFF OFFICIALS OF THE CITY OF
ANAHEIM, a Municipal Corporation
I'n
ANAHEIM POLICE MANAGEMENT
ASSOCIATION
By: -�----
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By: By:
Dated: September 22, 2021 Dated: September 22, 2021
33
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I
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2021-088 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 28th day of September, 2021 by the following vote of the members
thereof:
AYES: Mayor Sidhu and Council Members Faessel, Diaz, Ma'ae, Valencia and O'Neil
NOES: None
ABSTAIN: None
ABSENT: Council Member Moreno
IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of September, 2021.
i
CITY 4RK OF THE CITY OF ANAHEIM
(SEAL)