RES-2022-135RESOLUTION NO. 2022 - 135
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 FIREFIGHTERS
ASSOCIATION, LOCAL NO. 2899; AND
SUPERSEDING RESOLUTION NOS. 2019-076, 2020-
107 AND 2020-108
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 Firefighters Association, Local No. 2899, adopted by Resolution No. 2019-076,
expired June 23, 2022; and
WHEREAS, a Letter of Understanding between the City of Anaheim and the
Anaheim Firefighters Association, Local No. 2899, amended the Memorandum of Understanding
regarding holiday pay was adopted by Resolution No. 2020-107; and
WHEREAS, a Letter of Understanding between the City of Anaheim and the
Anaheim Firefighters Association, Local No. 2899, amended the Memorandum of Understanding
regarding vacation accruals was adopted by Resolution No. 2020-108; 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 Anaheim
Firefighters Association, Local No. 2899, executed on November 2, 2022 is in the best interest of
the City of Anaheim.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Anaheim that the Memorandum of Understanding between the Anaheim Firefighters Association,
Local No. 2899, and the City of Anaheim executed by the City Management Representative and
the Anaheim Firefighters Association, Local No. 2899, on November 2, 2022, 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 June 24, 2022 through
June 19, 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 Resolution Nos. 2019-076, 2020-107 and 2020-108
are hereby superseded effective June 24, 2022.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this - 15 day of November 2022, by the following roll call vote:
AYES: Mayor Pro Tem O'Neil and Council Members Diaz,
Ma'ae, Moreno, Valencia and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
[Mayoral vacancy]
MAYOR PRO TEM
OF THE CITY OF ANAHEIM
AT
ITY CLE K OF THE CITY OF ANAHEIM
MEMORANDUM OF UNDERSTANDING
between the
ANAHEIM FIREFIGHTERS ASSOCIATION, LOCAL
NO.2899
and the
CITY OF ANAHEIM
June 24, 2022 through June 19, 2025
Table of Contents
ARTICLE1 — PREAMBLE..........................................................................................................1
ARTICLE 2 — AFA RECOGNITION...........................................................................................1
ARTICLE 3 — MANAGEMENT RIGHTS...................................................................................1
ARTICLE 4 — EMPLOYEE RIGHTS........................................................................................... 2
ARTICLE 5 — CHECK-OFF........................................................................................................... 2
ARTICLE 6 — AFA REPRESENTATIVES................................................................................. 3
ARTICLE7 — GENERAL...............................................................................................................
5
ARTICLE 8 — CLASSIFICATION................................................................................................ 5
ARTICLE 9 — APPROPRIATE SALARY STEP........................................................................ 6
ARTICLE 10 — INCENTIVE PAY................................................................................................... 8
ARTICLE11— PREMIUM PAYS.................................................................................................... 8
ARTICLE 12 — HOURS OF WORK AND PAY DAY....................................................................9
ARTICLE 13 — ADJUSTED HOURS..........................................................................................10
ARTICLE 14 — TEMPORARY UPGRADING OF EMPLOYEES.......................................10
ARTICLE15 — PAYROLL...........................................................................................................11
ARTICLE16 — GENERAL...........................................................................................................12
ARTICLE 17 — APPOINTMENTS AND PROMOTIONS......................................................13
ARTICLE 18 — EMPLOYMENT LISTS....................................................................................14
ARTICLE19 — PROBATION....................................................................................... ......15
ARTICLE 20 — OUTSIDE EMPLOYMENT.............................................................................15
ARTICLE21— SERVICE AWARDS.........................................................................................16
ARTICLE 22 — TRAINING..........................................................................................................16
ARTICLE 23 — SALARY STEP REDUCTION, SUSPENSION, DEMOTION, AND
DISMISSAL................................................................................................................ ............16
ARTICLE 24 — LAYOFF AND RE-EMPLOYMENT.............................................................18
ARTICLE25 — TRANSFER.........................................................................................................19
ARTICLE 26 — REINSTATEMENT.............................................................................................20
ARTICLE 27 — VOLUNTARY DEMOTION.............................................................................20
ARTICLE 28 — BEVREAVEMENT LEAVE............................................................................
21
ARTICLE29 — HOLIDAYS.........................................................................................................
21
ARTICLE 30 — INDUSTRIAL ACCIDENT LEAVE...............................................................
23
ARTICLE 31 — JURY DUTY AND COURT APPEARANCES .............................................
23
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ARTICLE 32 - LEAVE WITHOUT PAY..................................................................................
23
ARTICLE 33 - MILITARY LEAVE...........................................................................................
25
ARTICLE 34 - SICK LEAVE......................................................................................................
25
ARTICLE 35 - VACATION.........................................................................................................28
ARTICLE 36 - PAID LEAVE PROGRAM...............................................................................30
ARTICLE37 - OVERTIME.........................................................................................................34
ARTICLE 38 - FAIR LABOR STANDARDS ACT.................................................................
35
ARTICLE 39 - BILINGUAL AND EDUCATION INCENTIVE PAY ..............................
35
ARTICLE40 - CALL OUT..........................................................................................................
36
ARTICLE 41- SHIFT DIFFERENTIALS.............................................................................37
ARTICLE42 - STAFFING...........................................................................................................37
ARTICLE 43 - SITUATI ONAL STAFFING...........................................................................
39
ARTICLE 44 - HAZARDOUS MATERIALS PROGRAM....................................................39
ARTICLE45 - STANDBY............................................................................................................40
ARTICLE 46 - TRAVEL AND MILEAGE EXPENSE...............................................................
41
ARTICLE 47 - TOBACCO PRODUCTS....................................................................................42
ARTICLE 48 - COMMUNICABLE DISEASES.......................................................................42
ARTICLE 49 - UNIFORMS AND LAUNDRY.........................................................................42
ARTICLE 50 - CONSECUTIVE SHIFT RULE........................................................................43
ARTICLE 51 - GRIEVANCE PROCEDURE.............................................................................43
ARTICLE 52 - INSURANCE.......................................................................................................46
ARTICLE 53 - POST RETIREMENT MEDICAL BENEFITS ............................................
52
ARTICLE 54 - JOINT COMMITTEE ON MEDICAL PROGRAMS.................................56
ARTICLE 55 - PHYSICAL EXAMINATIONS........................................................................
57
ARTICLE 56 - EXPOSURE RECORD PROGRAM...................................................................57
ARTICLE 57 - FITNESS, ANNUAL MEDICAL, SUBSTANCE AWARENESS ..............
57
ARTICLE 58 - MANDATORY PERMANENT MODIFIED DUTY PROGRAM ..................
58
ARTICLE 59 - SAFETY COMMITTEE.....................................................................................
61
ARTICLE60 - FITNESS FOR DUTY.......................................................................................
62
ARTICLE 61 - FITNESS FOR DUTY ASSESSMENTS........................................................
62
ARTICLE 62 - DRUG AND ALCOHOL TESTING BASED ON REASONABLE
SUSPICION.....................................................................................................................................
63
ARTICLE63 - NO STRIKE.........................................................................................................
65
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ARTICLE64 - DISCUSSION....................................................................................................... 65
ARTICLE 65 - OPERATIONAL POLICIES............................................................................ 66
ARTICLE 66 - CONSTRUCTION............................................................................................... 66
ARTICLE 67 - SAVINGS CLAUSE........................................................................................... 66
ARTICLE68 - DURATION......................................................................................................... 67
APPENDIX "A„ - SPECIAL PROVISIONS................................................................................. 68
APPENDIX"B" - WAGES............................................................................................................. 70
APPENDIX "C" - POST -RETIREMENT MEDICAL BENEFITS............................................73
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ARTICLE 1 — PREAMBLE
1.1 The wages, hours, and other terms and conditions of employment within the lawful
scope of representation of the Anaheim Firefighters Association (hereinafter called
"AFA") have been agreed upon by representatives of the AFA and staff officials of
City of Anaheim (hereinafter called "ANAHEIM") and shall apply to all employees
of ANAHEIM working in the classifications set forth in Appendix "B" (bargaining
unit members). AFA agrees to recommend acceptance by bargaining unit members
of all the terms and conditions of employment as set forth herein, and the staff officials
of ANAHEIM agree to recommend to the City Council that all of terms and conditions
of employment, as set forth herein, be approved pursuant to California Government
Code §3505.1.
ARTICLE 2 — AFA RECOGNITION
2.1 ANAHEIM hereby recognizes the AFA as the exclusively, recognized representative
for all bargaining unit members (hereinafter referred to as "members and/or
employees") to the fullest extent allowable under California law applying to public
employees. As public employees, such employees shall have the right to discuss
individual problems of employment with ANAHEIM, provided that upon request of
the employee, the AFA 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, exclusively, all its inherent rights, functions, duties, and
responsibilities except where specifically limited to this ARTICLE. The rights of
Management include, but are not limited to, the exclusive right to consider the merits,
necessity, or organization of any service or activity provided by law, or administrative
order; determine the mission of its constituent departments, commissions, and boards;
set standards of service; determine the procedures and standards of selection for
employment and promotion; direct its employees; take disciplinary action; relieve its
employees from duty because of lack of work or for other legitimate reasons; maintain
the efficiency of ANAHEIM's operations; determine the methods, means, and
personnel by which ANAHEIM's operations are to be conducted; determine the
content of job classifications; take all necessary actions to carry out its mission in
emergencies; and exercise complete control and discretion over its organization and
the technology of performing its work.
3.2 ANAHEIM, in the exercise of its above enumerated rights, will not recommend any
revision or modifications to this Memorandum (hereinafter called "MOU") without
first meeting and conferring in good faith on such recommendations with the AFA.
3.3 In cases of emergency when the City Council determines that an ordinance, resolution,
rule or regulation must be adopted immediately, without prior notice or meeting with
the AFA, ANAHEIM will provide such notice at the earliest practicable time
following the adoption of such ordinance, resolution, rule, or regulation.
3.4 ANAHEIM shall not be required to meet and confer in good faith on any subject
preempted by Federal or State law or by the City Charter nor shall ANAHEIM be
required to meet and confer in good faith on Management or Employee Rights as
herein defined. Proposed amendments to this ARTICLE are excluded from the scope
of meeting and conferring.
ARTICLE 4 — EMPLOYEE RIGHTS
4.1 Employees shall have all rights granted to public employees under California law.
Employees shall have the right to form, join, and participate in the activities of
employee organizations of their own choosing for the purpose of representation on all
matters of employer -employee relations. Employees also have the right to refuse to
join or participate in the activities of employee organizations and shall have the right
to represent themselves individually in their employment relations with ANAHEIM.
No employee shall be interfered with, intimidated, restrained, coerced, or
discriminated against by ANAHEIM or by any employee organization because of their -
exercise of these rights.
ARTICLE 5 — CHECK -OFF
5.1 ANAHEIM agrees to check -off for the payment of the regular monthly AFA dues,
deduct such payment from the wages of all AFA members and employees when
authorized to do so by the AFA, and remit such payments to the AFA in accordance
with the terms of signed authorizations of such members and employees. The
deduction of such dues and the remittal of same by ANAHEIM to the AFA shall
constitute payment of said dues by such members and employees of the AFA.
0)
ARTICLE 6 — AFA REPRESENTATIVES
6.1 AFA representatives are those elected or appointed in accordance with the constitution
and bylaws of the AFA.
6.1.1 The AFA shall notify the City Management Representative, in writing, of the
names and job classification titles of its officers, unit representatives, or other
officials each time an election is held or new appointments are made.
6.1.2 An employee elected or appointed as an officer, director, or representative of
the AFA shall be required to work full-time in the employee's respective job
classification.
6.2 Officers, directors, and representatives (subject to the provision of Section 6.1.2) of
the AFA shall be permitted to visit employee work locations for the purpose of
observing conditions under which employees are working, provided such visit shall
not interfere with the normal operations of the department or with established safety
requirements.
6.2.1 Such officers, directors, and representatives shall not enter any work location
without the knowledge of the appropriate manager.
6.2.2 Solicitation of membership and all activities concerned with the internal
management of the AFA, such as: collecting dues, holding membership
meetings, preparation of petitions or grievance material, preparation of
proposals, campaigning for office, conducting elections, and distributing
literature, shall not be conducted at times during which involved employees
are expected to provide service to ANAHEIM.
6.3 In the event that the AFA formally meets and confers with representatives of
ANAHEIM on matters within the scope of representation during regular City business
hours, a reasonable number of officers, directors, and representatives, or other officials
of the AFA shall be allowed reasonable time off without loss of compensation or other
benefits.
6.3.1 Such officers, representatives, and officials shall not leave their duty or
workstation or assignment without the knowledge of the appropriate manager.
6.3.2 Such meetings are subject to scheduling in a manner consistent with operating
needs and work schedules.
6.4 ANAHEIM shall furnish bulletin boards at mutually agreeable, specific locations for
the purpose of posting notices pertaining to AFA business.
6.4.1 All materials must be dated and must identify the AFA.
6.4.2 If the AFA does not abide by these positions, it will forfeit its right to have
materials posted on ANAHEIM's bulletin boards.
6.5 ANAHEIM shall allow the AFA to conduct meetings in City facilities.
6.5.1 Such meetings shall be scheduled in accordance with regulations governing
use of public meeting rooms at City facilities.
6.6 ANAHEIM agrees that due to the unique work schedules of employees assigned to
firefighter work, the officers, employee representatives, and officials of the AFA shall
be allowed time off without loss of compensation or other benefits for activities
concerned with the internal management of the AFA.
6.6.1 ANAHEIM agrees to deposit in an Association Leave Bank two -hundred and
fifty-six (256) hours the last pay period of each calendar year. The last pay
period shall be defined as the pay period producing the last check for a calendar
year. The two -hundred and fifty-six (256) hours shall be utilized, in the
following calendar year, only for attendance by officers, employee
representatives, and officials at regularly scheduled AFA Board meetings and
General Membership meetings. Hours deposited to the Association Leave
Bank under the provisions of this Section 6.6.1 that were not used during the
calendar year shall not carry over to the next calendar year.
6.6.1.1 For every Association Leave hour(s) utilized, the equivalent
amount of hour(s) shall be deducted from the Association
Leave Bank. For the purpose of this Section "equivalent
amount" shall be understood to require that one hour of
Association Leave be deducted from the Association Leave
Bank for each hour of Association Leave taken.
6.6.1.2 The Association Leave Bank is separate and apart from and in
addition to time off without loss of compensation or other
benefits allowed pursuant to Section 6.3, and the Union Leave
described in Section 6.6.3.
6.6.1.3 Regular, full-time employees with an average, regular work
week of fifty-six (56) hours shall have four (4) hours of Paid
Leave deducted from their Paid Leave balance the first pay
period of each calendar year.
6.6.1.4 The four (4) hours deducted from each employee's Paid Leave
account shall be deposited in a Union Leave Bank to be used to
receive time off without loss of compensation or other benefits
by the officers, employee representatives and officials of the
AFA or their designee to engage in any activity consistent with
the lawful purposes of AFA.
4
6.6.1.5 For every Union Leave hour(s) utilized, the equivalent amount
of hour(s) shall be deducted from the Union Leave Bank. For
the purpose of this Section "equivalent amount" shall be
understood to require that one hour of Union Leave be deducted
from the Union Leave Bank for each hour of Union Leave
taken.
6.6.1.6 The Union Leave Bank is separate and apart from and in
addition to the time off without loss of compensation or other
benefits allowed pursuant to Section 6.3, and the Association
Leave described in Section 6.6.1.
6.6.1.7 All unused hours deposited to the Union Leave Bank under the
provisions of this Section 6.6.2 shall carry over to the next
calendar year.
6.6.2 ANAHEIM shall produce a monthly statement for the AFA of all Union Leave
and Association Leave utilized. The statement shall include the date Leave
was utilized, name of the employee using the Leave, the number of hours
utilized that month, and the total number of hours used year to date.
6.6.3 Officers, employee representatives, and officials shall not leave their duty or
workstation without the knowledge of the appropriate Battalion Chief.
6.6.4 Meetings are subject to scheduling in a manner consistent with operating needs
and work schedules.
ARTICLE 7 — GENERAL
7.1 Wages for the classifications shall be set forth in Appendix 'B" attached to this MOU
and by this reference made a part thereof.
ARTICLE 8 — CLASSIFICATION
8.1 The Human Resources Director shall be responsible for recommending classification
of all positions in the classified service on the basis of the kind and level of the duties
and responsibilities of the positions, to the end that all positions in the same
classification shall be sufficiently alike to permit use of a single descriptive title, the
same qualification requirements, the same test of competence, and the same salary
schedule.
8.1.1 A job classification may contain one or more positions.
8.1.2 Classification of all positions in the classified service shall require the approval
of the City Manager.
5
8.2 A position may be reclassified on the basis of changes in or reevaluation of the duties,
responsibilities, and/or qualification requirements of the position.
8.2.1 The Human Resources Director shall be responsible for recommending such
reclassification as necessary.
8.2.2 A reclassification shall become effective upon action by the City Manager on
a Personnel Action Form.
8.2.3 Incumbents may or may not be reclassified with their positions, based upon
the recommendation of the Human Resources Director, the Fire Chief, and the
approval of the City Manager.
ARTICLE 9 — APPROPRIATE SALARY STEP
9.1 Regular, full-time employees in the classified service shall be eligible for
consideration for merit pay increases as follows:
9.1.1. To the fifth (5th) step after completion of six (6) months of service in the fourth
(41h) step.
9.1.2 To the sixth (61h) step after completion of six (6) months of service in the fifth
(5th) step.
9.1.3 To the seventh (71h) step after completion of six (6) months of service in the
sixth (6th) step.
9.1.4 To the eighth (8th) step after completion of six (6) months of service in the
seventh (71h) step.
9.1.5 To the ninth (9th) step after completion of six (6) months of service in the eighth
(81h) step.
9.1.6 To the tenth (loth) step after completion of twelve (12) months of service in
the ninth (91h) step.
9.2 In such cases as may occur wherein an employee shall demonstrate exceptional ability
and proficiency in performance of the employee's 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 Fire Chief.
9.3 Certain job classifications in the classified service, upon recommendation of the
Human Resources Director and approval of the City Council, shall be designated by
the "S" before schedule numbers. Employees in these classifications shall be eligible
for consideration for merit pay increases to the tenth (1 Oth) step after six (6) months of
service in the ninth (9th) step.
6
9.4 Merit pay increases shall be granted upon approval of the Fire Chief for continued
meritorious and efficient service and continued improvement by the employee in the
effective performance of the duties of the employee's position.
9.4.1 The effective date of the merit pay increases shall be the first day of the pay
period following approval as provided in Section 9.4 and completion of the
minimum required service in the next lower step as provided in Section 9.1.
9.5 Newly hired employees shall normally be compensated at the lowest step of the salary
schedule of the job classification for which they were hired. ANAHEIM may hire at a
higher step in the salary schedule.
9.6 The provisions of this ARTICLE shall also apply to re-employed and reinstated
employees.
9.7 An incumbent employee reclassified to a lower job classification shall retain the same
regular hourly rate of pay and anniversary date for purposes of merit pay increases, or
shall be placed in the step of the lower salary schedule closest to the incumbent's
regular hourly rate of pay. If the top step of the salary schedule of the lower job
classification is lower than the incumbent's regular hourly rate of pay, the regular
hourly rate of pay shall be identified as the "Y" step of the lower salary schedule. An
employee compensated at the "Y" step because of a downward reclassification shall
remain in the "Y" step, until such time as the job classification is assigned to a salary
schedule in which the top step is equivalent to or higher than the "Y" step, at which
time the employee shall be placed in the top step.
9.8 An incumbent employee reclassified to an equivalent job classification shall retain the
same regular hourly rate of pay and anniversary date for purposes of merit pay
increases.
9.9 An employee who is promoted or reclassified to a higher job classification 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%), or when the bottom step. of the
higher salary schedule is more than four percent (4%) higher than the employee's
current regular hourly rate of pay. The employee shall be given a new anniversary
date for purposes of merit pay increases in accordance with the provisions of Section
9.1.
9.9.1 An employee shall be placed at the entry level step in the salary range when
promoted to Firefighter.
9.10 An employee who is demoted shall be placed in the step of the lower salary schedule
that will provide a reduction in pay of not less than four percent (4%). The employee
shall be given a new anniversary date for purposes of merit pay increases in
accordance with the provisions of Section 9.1.
7
9.11 An employee in a job classification which is assigned to a different salary schedule as
a result of a pay adjustment shall retain the same salary step status in the newly
authorized salary schedule and shall retain the same anniversary date for purposes of
merit pay increases.
9.12 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 MOU, 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 — INCENTIVE PAY
10.1 ANA14EIM and the AFA agree that incentive pay shall be in accordance with
Appendix "B". Qualifications for incentive pay shall be established by the Fire Chief
after meeting and conferring with the AFA.
ARTICLE 11— PREMIUM PAYS
11.1 ANA14EIM and the AFA agree that wages for all classifications represented by the
AFA shall be based on the salary relationships shown below.
CLASSIFICATION
COMPUTATION
Fire/Arson Investigator I (closest 40 hour 1.125 x Firefighter Irate
rate)
Fire Captain II 1.332 x Firefighter I rate
Fire Engineer I 1.125 x Firefighter I rate
Firefighter I 1.00
Sr. Fire/Arson Investigator I (closest 40 hour 1.30 x Firefighter I rate
rate)
Firefighter and Fire Engineer Level II's
Firefighter and Fire Engineer Level III's
Firefighter and Fire Engineer Level IV's
Fire Captain Level III's
Fire Captain Level IV's
Paramedics Assignment
8
1.025 x Level I rates
1.050 x Level I rates
1.075 x Level I rates
1.025 x Level II rates
1.050 x Level II rates
J 5 x Firefighter I 1 Oth Step
Hazardous Materials Assignment
Fire/Arson Investigation Assignment
Urban Search & Rescue Assignment
Training Company Assignment
SWAT Assignment
.13 x Firefighter I 1 Oth Step
.13 x Firefighter 11 Oth Step
.075 x Firefighter I l Oth Step
.075 x Firefighter 11 Oth Step
.075 x Firefighter 11 Oth Step
11.2 All applicants must possess at least the Level II incentive in order to compete for
promotion to Fire Captain.
11.3 Employees assigned to an administrative duty schedule of forty (40) hours per week
shall retain their educational incentive pay and special assignment pay, and shall
receive ten percent (10%) of base pay as salary differential. To the extent permitted
by law, the City agrees that it will report this pay as special compensation per Title 2
CCR Section 571(a)(2) and 571.1(b)(2) to Ca1PERS. However, it is Ca1PERS who
ultimately makes the determination on whether this pay qualifies as special
compensation.
ARTICLE 12 — HOURS OF WORK AND PAY DAY
12.1 The regular workweek for employees in the classified service in classifications listed
in Appendix "B", with the exception of certain designated personnel, shall be fifty-six
(56) hours.
12.1.1 The regular work schedule for certain designated personnel in Fire
Suppression, shall be eight (8) twenty-four (24) hour shifts in a twenty-four
(24) day cycle. The average work week of such designated personnel shall be
defined as a fifty-six (56) hour work week.
12.1.2 For all employees with a regular work week of fifty-six (56) hours, the monthly
rate shall be the hourly rate times two -thousand, nine -hundred and twelve
(2,912) hours divided by twelve (12) months.
12.2 For all employees with an average regular work week of forty (40) hours, the monthly
rate shall be the hourly rate times two thousand eighty (2,080) hours divided by twelve
(12) months.
12.3 Regular salaries and compensation of all ANAHEIM employees shall be paid on a bi-
weekly basis.
12.4 Appendix "B" Wages shall reflect the employee's bi-weekly rate.
ARTICLE 13 — ADJUSTED HOURS
13.1 A regular, full-time employee in the classified service with an average, regular work
week of fifty-six (56) hours shall be eligible for one hundred twelve (112) hours bi-
weekly pay when the employee is at work or on leave with pay for all regularly
scheduled work shifts during the pay period. Such employees on leave without pay
shall have twenty-four (24) hours deducted from the one hundred twelve (112) hours
bi-weekly pay for each work shift not worked during a pay period. Such employees
appointed other than at the beginning of a pay period, or separated other than at the
end of a pay period shall be paid for actual hours worked or a maximum of one hundred
twelve (112) hours, whichever is less
ARTICLE 14 — TEMPORARY UPGRADING OF EMPLOYEES
14.1 Temporary upgrading 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.
14.2 If any employee is temporarily assigned to perform work at a position with a lower
pay rate, the regular hourly rate of pay shall not be changed. Such temporary
assignment of work shall be made at the discretion of ANAHEIM.
14.3 All holiday, vacation, sick leave, and paid leave shall be paid at an employee's regular
hourly rate of pay.
14.4 ANAHEIM and the AFA agree that parallel moves maybe made within classifications
or positions left vacant in order to avoid the necessity of working an employee at a
higher rated job classification.
14.5 The determination of those persons qualified to work in higher rated classifications
shall be made at the sole discretion of ANAHEIM.
14.6 Under normal circumstances employees who are upgraded for a minimum of twelve
(12) hours on a twenty-four (24) hour shift shall normally be upgraded in the following
order:
14.6.1 On current eligibility list for the upgrade classification;
14.6.2 Currently certified by the Fire Department for the upgrade classification;
14.6.3 As designated by management.
14.7 Employees temporarily upgraded to the following job classifications shall receive
seven and one-half percent (7.5%) of base pay as, pay differential for all time worked
in the higher job classification during normal working hours if they are assigned to
work in the higher job classification for a period of four (4) working hours or longer.
Employees temporarily upgraded to any of these job classifications shall receive seven
10
and one-half percent (7.5%) of base pay as pay differential for all time worked in the
higher job classification during other than working hours.
Fire Captain I1 Fire Engineer I Fire/Arson Investigator I
14.8 Employees temporarily upgraded to a Paramedic, a Firefighter, Fire/Arson
Investigator, or a Hazardous Materials assignment shall receive the appropriate
assignment pay differential in accordance with Appendix "B" for all time worked in
the specialty assignment, if they are assigned to work the specialty assignment for a
period of four (4) working hours or longer and they meet the following conditions:
a) The employee has previously served a minimum of one (1) year full-time in
the specialty assignment, and
b) The employee has maintained the required certification(s).
14.8.1 Such specialty assignment pay shall be in lieu of and not in addition to upgrade
pay authorized under Section 14.7.
14.9 Employees temporarily upgraded to a management job classification shall receive
seven and one-half percent (7.5%) of base pay as pay differential or the minimum rate
of the management salary range whichever is higher. To the extent permitted by law,
the City agrees that it will report this pay as special compensation per Title 2 CCR
Section 571(a)(2) and 571.1(b)(2) to CalPERS. However, it is Ca1PERS who
ultimately makes the determination on whether this pay qualifies as special
compensation.
14.10 Upgrade to a vacant position shall be limited to six (6) months except in cases of
extended leave without pay, industrial accident leave or leave without pay.
ARTICLE 15 — PAYROLL
15.1 Deductions of authorized amounts may be made from employees' pay for the following
purposes:
15.1.1
Withholding Tax;
15.1.2
Contributions to retirement benefits;
15.1.3
Contribution to survivors' benefits;
15.1.4
Payment of life insurance and accidental death and dismemberment
insurance premium;
15.1.5
Payment of non -industrial disability insurance premium;
15.1.6
Payment of hospitalization and major medical insurance premium;
15.1.7
Contributions to the City Employees Annual Charities Fund Drive;
15A.8
Payment of membership dues to the AFA; and
15.1.9
Other purposes as may be authorized by the City Council.
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15.2 All employees must make and maintain arrangements for the direct deposit of
paychecks into the financial institution of their choice via electronic fund transfer.
ARTICLE 16 — GENERAL
16.1 It is hereby the declared personnel policy of ANAHEIM that:
16.1.1 Employment by ANAHEIM shall be based on merit and fitness, free of
personal and political consideration;
16.1.2 Appointments, promotions, and other actions requiring the application of the
merit principle shall be based on systematic tests and/or evaluations;
16.1.3 Positions having similar duties and responsibilities shall be classified and
compensated on a uniform basis;
16.1.4 Tenure of employees shall be subject to good behavior, satisfactory work
performance, necessity for the performance of work, and the availability of
funds.
16.2 Any action concerning an employee's status of employment shall be processed on a
Personnel Action Form. Such status shall become effective upon action by a
management employee who has responsibility for authorizing such action. All full-
time employees shall receive a true copy of any personnel action taken concerning
their status of employment.
16.3 Job bulletins regarding classifications represented by the AFA shall be sent to the AFA
during recruitment periods.
16.4 ANAHEIM shall be the sole judge of the testing, qualification, and acceptance
procedures of all applicants for employment and promotion and ANAHEIM retains
the right to reject any applicant for employment; PROVIDED, HOWEVER, that no
test or qualification procedures utilized by ANAHEIM or refusal to accept for
employment shall be done to discriminate for or against an applicant because of union
or nonunion membership or because of race, color, creed, national origin, religion,
sex, age, or physical disability, except where age or lack of physical disability is a
bona fide occupational qualification.
16.5 ANAHEIM agrees to announce the procedure and weighted value of each test that will
be utilized of each formal promotional examination ninety (90) or more days in
advance of the last day to apply for any promotional recruitment.
16.6 ANAHEIM and the AFA agree that minimum qualifications for promotional
examinations will be as designated by the Human Resources Director after
consultation with the Fire Chief and that minimum qualifications of candidates
applying for promotional examinations will be met by the last day to apply.
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16.7 Employees selected for a Specialty Assignment as defined by the Fire Chief shall agree
to a three (3) year minimum assignment to the Specialty Assignment.
16.7.1 The three (3) year minimum assignment may be waived if the employee is
selected for a Specialty Assignment providing a higher incentive pay.
ARTICLE 17 — APPOINTMENTS AND PROMOTIONS
17.1 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 ANAHEIM, test fairly
the qualifications of candidates.
17.2 Minimum standards of employment for each job classification shall be established by
ANAHEIM.
17.3 Vacancies in positions above the entry level shall be filled by promotion whenever one
or more qualified candidates are available, except when a qualified, work disabled
employee is placed in such position according to the Vocational Rehabilitation
Administrative Regulation. 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' qualification, record of performance, and seniority,
in that order.
17.3.1 Advancement to a higher paid job classification shall constitute a promotion.
17.3.2 Employees promoted to Fire Engineer or Fire Captain shall be placed in the
ninth (9th) step of the salary schedule.
17.3.3 Employees promoted to Fire Engineer or Fire Captain shall after six (6) months
of service in the ninth (91") step be placed in the tenth (1 Oth) step of the salary
schedule.
17.4 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, national origin, religious or political affiliation or belief, membership in
or attitude toward any employee organization, sex, age, or physical disability, except
where sex, age, or lack of physical disability is a bona fide occupation qualification.
17.5 Candidates who qualify for employment or promotion shall be placed on an eligibility
list for the appropriate job classification. At such times as a Fire Department
management evaluation is included in the establishment of a promotional eligibility
list, the list shall rank the eligible candidates in the order of final evaluation, and
appointment from that list shall normally follow rank order.
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17.5.1 Records Retention Period — At the minimum, ANAHEIM shall provide for
the preservation of the rater's sheets and notes for the duration of the
eligibility list, or for the duration of litigation if any.
17.6 The Fire Chief, with the concurrence of the Human Resources Director, may order
names removed from an eligibility list for good and sufficient reasons.
17.7 In the absence of appropriate employment lists, a provisional appointment may be
made by ANAHEIM of a person meeting the minimum qualifications for the position.
An eligibility list shall be established within six (6) months for any regular, full-time
position filled by provisional appointment. In the event that any provisional appointee
fails to qualify on the eligibility list as established within six (6) months of the
provisional appointment, said provisional appointee shall be terminated at the close of
the first complete bi-weekly pay period following the establishment of the eligibility
list.
17.8 Appointments to certain grant funded positions as designated by the City Manager
may be made without competitive examinations and/or evaluations. In the event that
a grant funded appointee fails to complete competitive examinations and/or
evaluations and is not appointed to a City funded position during the period of
employment under the grant, said grant funded appointee shall be terminated from
ANAHEIM employment.
ARTICLE 18 — EMPLOYMENT LISTS
18.1 Employment lists, in order of their priority, shall be re-employment lists and eligibility
lists.
18.2 Eligibility lists shall be created in accordance with the provisions of ARTICLE 17
— APPOINTMENTS AND PROMOTIONS.
18.2.1 Eligibility lists may contain the names of one (1) or more persons eligible for
employment.
18.2.2 Open competitive eligibility lists shall remain in effect for a period of one (1)
year or until depleted. Eligibility lists containing less than three (3) names may
be considered depleted. Eligibility lists may be extended by the Human
Resources Director for a period not to exceed one (1) additional year.
18.2.3 Promotional eligibility lists shall remain in effect for a period of two (2)
years or until depleted.
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ARTICLE 19 — PROBATION
19.1 Employees appointed from eligibility lists, reinstated employees, and employees
reassigned, according to the Vocational Rehabilitation Administrative Regulation,
shall be subject to a period of probation. The regular period of probation shall be
twelve (12) months with the exception of the Firefighter I classification, which shall
have a regular period of probation which begins on the date of appointment and ends
twelve (12) months after completion of recruit training.
19.1.1 In the event an employee is assigned to light duty status or is absent from work
due to a lengthy illness or injury or other reason resulting in protected leave
time during the probationary period, said employee's probationary status may
be extended beyond the regular period of probation in the amount of one
complete bi-weekly pay period for each complete bi-weekly pay period
assigned to light duty status or is absent due to such illness or injury or
protected leave time.
19.1.2 Upon successful completion of a probationary period, an employee shall be
granted regular status in the classification in which the probationary period is
served.
19.2 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 Fire Chief may reject the probationer at any time during the probationary
period. Such rejections shall not be subject to review or appeal unless such a rejection
is alleged to be contrary to the provisions of any state or federal laws.
19.2.1 An employee rejected during the probationary period from a position, to which
the employee has been promoted or transferred, shall be returned to the
classification in which the employee has regular status unless the reasons for
the failure to complete the probationary period would be cause for dismissal,
in which case the formal disciplinary process required by ARTICLE 23 —
SALARY STEP REDUCTION, SUSPENSION, DEMOTION, AND
DISMISSAL shall be followed.
19.3 An employee shall be retained beyond the end of the probationary period only if the
Fire Chief affirms that the services of the employee have been found to be satisfactory.
ARTICLE 20 — OUTSIDE EMPLOYMENT
20.1 An employee may engage in employment other than the employee's job with
ANAHEIM, if the Fire Chief determines that such outside employment does not
interfere with the performance of assigned duties and does not constitute a conflict of
interest.
IR
ARTICLE 21— SERVICE AWARDS
21.1 Service awards shall be presented to employees in classifications listed in Appendix
"B" for:
Five (5) years of service;
Ten (10) years of service;
Fifteen (15) years of service;
Twenty (20) years of service;
Twenty-five (25) years of service;
Thirty (30) years of service;
Thirty-five (35) years of service;
Forty (40) years of service.
Such a service award shall also be presented to any employee upon retirement.
21.1.1 For purposes of this ARTICLE, the term "years of service" shall be defined as
continuous, full-time service.
ARTICLE 22 — TRAINING
22.1 The Human Resources Director shall encourage the improvement of service by
providing employees with opportunities for training, including training for
advancement and for general fitness for public service.
22.1.1 Reimbursement to employees for costs incurred for formalized training shall
be in accordance with regulations established by the City Manager.
22.1.2 ANAHEIM agrees to pay the difference between a Class "B" and "C" Driver's
License in the event a Class "B" license is state or department mandated and
the employee receives such license after January 1, 1990.
22.1.3 ANAHEIM agrees to pay two hundred dollars ($200) for each Paramedic Re-
certification completed on or after July 6, 1990.
ARTICLE 23 — SALARY STEP REDUCTION, SUSPENSION, DEMOTION, AND
DISMISSAL
23.1 The tenure of every employee shall be conditioned on good behavior and satisfactory
work performance. Any employee may be suspended, demoted, or dismissed for good
and sufficient cause.
23.2 When in the judgment of the Fire Chief, an employee's work performance or conduct
justifies disciplinary action short of demotion or dismissal, the employee may be:
23.2.1 Suspended without pay. Upon taking such action, the Fire Chief shall file with
the employee and the Human Resources Director a written notification
1G
containing a statement of the substantial reasons for the action. No employee
shall be suspended for more than six (6) months at any one (1) time.
23.2.2 Reduced by one (1) or more salary steps on the basis of unsatisfactory work
performance or conduct. The employee may be returned to former salary step
at such time as deemed appropriate.
23.3 An employee may be demoted or dismissed upon recommendation of a Battalion
Chief, whenever, in the judgment of the Battalion Chief, the employee's work or
misconduct so warrants. Upon taking such action, the Fire Chief 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.
23.3.1 Employees in classifications listed in Appendix "B" may be placed on
administrative leave with pay at the discretion of the Fire Chief; with the
concurrence of the City Manager or Human Resources Director when the best
interest of ANAHEIM is served by keeping employees suspected to have
engaged in misconduct away from the work place.
23.4 An employee may appeal disciplinary actions under the provisions of ARTICLE
51 - GRIEVANCE PROCEDURE.
23.5 When an employee is dismissed as provided in this ARTICLE, ANAHEIM and
the AFA agree to the following accelerated procedure under the provisions of
ARTICLE 51 — GRIEVANCE PROCEDURE.
23.5.1 ANAHEIM and the AFA agree that only one (1) post -Skelly hearing by the
Fire Chief or Deputy Chief shall be held. This hearing shall be held within ten
(10) working days after the dismissal is grieved unless mutually extended.
23.5.2 If the grievance is then appealed to the Third Step to be submitted to an
impartial arbitrator for a final and binding decision, ANAHEIM and the AFA
agree to:
23.5.2.1 Develop a standing list of mutually approved arbitrators.
23.5.2.1.1 This list shall include no more than five (5) mutually
approved arbitrators.
23.5.2.1.2 ANAHEIM and the AFA agree to re-establish the list of
arbitrators once each year in January.
23.5.2.1.3 ANAHEIM and the AFA may remove arbitrators from
this list at any time with mutual agreement.
23.5.2.2 Select the arbitrator from the standing list that has the earliest,
reasonable available hearing date, unless the parties mutually
agree to select another arbitrator from the list.
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23.5.2.3 Stipulate to the following submission language when a
dismissal is submitted to an impartial arbitrator. "Was (name of
employee) dismissed for good and sufficient cause? If not,
what shall the remedy be?"
ARTICLE 24 — LAYOFF AND RE-EMPLOYMENT
24.1 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 classification and the Fire
Department.
24.1.1 An employee whose position has been abolished due to lack of work or lack
of funds shall be reassigned by the Fire Chief to any position within the Fire
Department in an equivalent or lower job classification for which the employee
meets the minimum requirements and has department seniority over other
employees in the job classification. If the employee whose position has been
abolished does not have department seniority over other employees in
equivalent or lower classifications, the employee may be reassigned by the Fire
Chief to any vacant position within the Fire 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 closest to their base 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 the Fire
Department become vacant. Such reinstatement shall be on the basis of
department seniority.
24.1.2 Whenever an employee whose position has been abolished cannot be
reassigned to a vacant position within the Fire 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 the
employee meets the minimum qualifications for employment. If an employee
is reassigned to a vacant position within the employee's job classification in
any other division or department, the employee shall retain the same rate of
pay. If an employee is reassigned to a vacant position in an equivalent or lower
job classification in any other division or department, the employee may be
placed in the closest 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 division or department shall
be reinstated to their former job classification and salary step status when
positions in their former job classification within the Fire Department become
vacant. Such reinstatement shall be on the basis of department seniority.
24.2 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 the job
classification. Persons on the re- employment list shall be re-employed with their
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former salary step status when positions in their job classifications within the Fire
Department from which they were laid off become vacant. Re-employment shall be
on the basis of department seniority. Names on re-employment lists shall remain for
a period not to exceed two (2) years.
24.3 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.
24.4 Whenever an employee is reinstated to a vacant position in the former job
classification, or re-employed as herein provided, the employee shall be given a new
anniversary date for purposes of merit pay increases in accordance with the provisions
of ARTICLE 9 — APPROPRIATE SALARY STEP.
24.4.1 An employee reinstated from the re-employment list shall be considered to
have continuous service and may be credited with the amount of accumulated
sick leave the employee had accrued at the time of layoff if the employee
elects to remit to ANAHEIM any payment received under the provisions
of ARTICLE 34 — SICK LEAVE or ARTICLE 36 — PAID LEAVE
PROGRAM.
24.5 The provisions of this ARTICLE shall apply only to regular, full-time employees in
the classified service. Employees appointed to certain grant funded positions as
designated by the City Manager under Section 17.8 and probationary employees shall
be excluded from the provisions of this ARTICLE.
ARTICLE 25 — TRANSFER
25.1 A change of an employee's place of employment, from one department to another,
shall be considered a transfer. A transfer shall be initiated by request of the employee.
25.1.1 A transferred employee shall retain the regular hourly rate of pay and
anniversary date for purposes of merit pay increases.
25.1.2 In order to be transferred to a job classification, with minimum standards
of employment substantially different from those of the employee's own
job classification, an employee shall be required to demonstrate eligibility
for employment in accordance with the provisions of ARTICLE 17 —
APPOINTMENTS AND PROMOTIONS and shall serve a new
probationary period in accordance with the provisions of ARTICLE 19 —
PROBATION.
25.2 Transfers for the betterment of employees and the best interests of ANAHEIM shall
be encouraged by all echelons of management.
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ARTICLE 26 - REINSTATEMENT
26.1 An employee who terminates employment in good standing may be reinstated to a
vacant position in the former job classification within one (1) year of the termination
date without going through the competitive processes.
26.1.1 An employee reinstated within thirty (30) days of the termination date shall be
considered to have continuous service and shall be credited with the amount of
accumulated sick leave the employee had at the time of termination. The
employee shall be placed in the former salary step and shall retain the
anniversary date for purposes of merit pay increases. If the anniversary date
has occurred during the period of separation, the new anniversary date shall be
the first day of the next bi-weekly pay period following reinstatement.
26.1.2 An employee reinstated after thirty (30) days of the 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.
26.2 An employee may be reinstated under the provisions of the Vocational Rehabilitation
Administrative Regulation to any vacant position for which the employee meets the
minimum qualifications.
26.3 The provisions of this ARTICLE shall apply to regular, full-time employees.
ARTICLE 27 - VOLUNTARY DEMOTION
27.1 If an employee takes a voluntary demotion as a result of a downward
reclassification, the salary step status shall be in accordance with the provisions of
ARTICLE 9 - APPROPRIATE SALARY STEP.
27.2 Voluntary demotions as a result of impending layoff shall be in accordance with
the provisions of ARTICLE 24 - LAYOFF AND RE-EMPLOYMENT.
27.3 An employee may request a voluntary demotion for any reason. Such voluntary
demotion shall require the approval of ANAHEIM. An employee taking such
voluntary demotion may be placed in any salary step of the appropriate salary
schedule that does not provide an increase in salary. The employee shall be given
a new anniversary date for purposes of merit pay increases in accordance with
provisions of ARTICLE 9 - APPROPRIATE SALARY STEP. An employee
taking such 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 purposes
of determining anniversary date for merit pay increases.
27.3.1 Voluntary demotions in accordance with the Vocational Rehabilitation
Administrative Regulation shall be in accordance with the provisions of
Section 27.3.
20
27.4 An employee who has taken a voluntary demotion to a lower job classification maybe
reinstated to a vacant position in the former job classification within one (1) year of
the effective date of the voluntary demotion without re -qualifying by competitive
processes.
27.4.1 An employee reinstated to the former job classification from a voluntary
demotion shall retain the regular hourly rate of pay. If the employee's regular
hourly rate of pay is not included in the salary schedule of the former job
classification, the employee shall be placed in the salary step of that salary
schedule which is closest to the regular hourly rate of pay. The employee shall
retain the anniversary date for purposes of merit pay increases. However, if the
employee is placed in the fourth (4th), fifth (5th), or sixth (6th) 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 28 — BEVREAVEMENT LEAVE
28.1 In the event a death occurs in the family of a full-time employee, the employee shall
be granted bereavement leave with pay for up to a maximum of twenty-four (24)
working hours. Employees assigned to Fire Suppression (56 hour) shall be granted
Bereavement Leave with pay for up to one (1) regularly scheduled shift for each
occurrence.
28.2 Family member is defined as: spouse, registered domestic partner, child, parent, foster
parent, step parent, sibling, grandparent, grandchild, parent -in-law, daughter-in-law or
son-in-law of the employee or the employee's spouse or domestic partner.
28.3 Bereavement leave may be used only at the time a death occurs, or to make burial
arrangements, and/or to attend funeral or memorial services.
28.4 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 29 — HOLIDAYS
29.1 The following days shall be recognized as holidays, and regular full-time employees
in the classified service with an average, regular work week of forty (40) hours shall
have these holidays off with pay:
January 1 st, New Year's Day
Third Monday in January, Martin Luther King's Birthday
Third Monday in February, President's Day
Last Monday in May, Memorial Day
July 4th, Independence Day
First Monday in September, Labor Day
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November 11, Veteran's Day
Fourth Thursday in November, Thanksgiving Day
Friday after Thanksgiving
December 25th, Christmas Day
Every day designated by the City Council for a public feast, thanksgiving or
holiday.
29.2 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 Fire Chief to provide maximum regular service to the public.
29.3 Employees may be required to work on any of the above holidays or days observed in
lieu of those holidays. Any forty (40) hour employee required to work on any of the
above holidays or days observed in lieu of those holidays shall receive additional
compensation equivalent to one and one-half (1 1/2) times the employee's regular
hourly rate of pay. Employees in the following job classifications shall be exempt
from the provisions of this ARTICLE.
Fire Captain II Firefighter I
Fire Engineer I
Fire Captain III Firefighter II
Fire Engineer II
Fire Captain IV Firefighter III
Fire Engineer III
Firefighter IV
Fire Engineer IV
29.4 A fifty-six (56) hour employee, in any of the Fire Department job classifications listed
in Section 29.3 above shall receive additional compensation equivalent to thirteen and
four -tenths (13.4) hours of their regular bi-weekly compensation for each holiday
listed in Section 29.1. Employees in these classifications shall have the option to
accumulate thirteen and four -tenths (13.4) hours per holiday (for a maximum of one -
hundred and thirty-four (134) hours per year). Under this option, any hours accrued
cannot be used for time off. Any hours accrued will be paid off at the employee's
regular hourly rate of pay as of the end of the pay period that includes October 1st.
The regular hourly rate of pay shall be defined as the base hourly rate of pay plus the
hourly assignment pay, including but not limited to, paramedic, 40-hour staff
assignment, SWAT, hazardous materials, USAR, fire/arson investigator, and training
assignment.
Selection of the holiday option shall be made by September 1 st of each year. No
employee who is on suspension or unpaid leave of absence during a holiday pay period
shall receive additional compensation or accumulate hours during that pay period.
29.4.1 An employee who is on an approved Industrial Accident Leave of Absence
shall receive additional compensation in accordance with the provisions of
Section 29.4.
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29.4.2 To the extent permitted by law, the City agrees that it will report this pay as
special compensation per Title 2 CCR Section 571(a)(5) to Ca1PERS.
However, it is Ca1PERS who ultimately makes the determination on whether
this pay qualifies as special compensation.
29.5 In order to be eligible for holiday pay, a forty (40) hour employee must be either at
work or on a paid leave of absence on the regularly scheduled work day immediately
preceding the holiday, or day observed in lieu of the holiday, and the regularly
scheduled work day immediately following the holiday or day observed in lieu of the
holiday.
29.5.1 No forty (40) hour employee who is on suspension or unpaid leave of absence
on either the regularly scheduled work day immediately preceding or
immediately following the holiday or day observed in lieu of the holiday shall
receive compensation for said holiday or day observed in lieu of the holiday.
ARTICLE 30 — INDUSTRIAL ACCIDENT LEAVE
30.1 ANAHEIM will provide employees with Industrial Accident Leave as required by
law.
ARTICLE 31 — JURY DUTY AND COURT APPEARANCES
31.1 In the event a regular, full-time employee in the classified service is duly summoned
to any court for the purpose of performing jury duty, the employee shall receive the
regular hourly rate of pay for any regularly scheduled working hours spent in actual
performance of such service.
31.1.1 Whenever an employee is duly summoned to appear as a witness, except where
the employee is a litigant or a defendant in a criminal case or any action
brought about as a result of the employee's own misconduct, the employee
shall receive the regular hourly rate of pay for any regularly scheduled working
hours spent in actual performance of such service.
31.1.2 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 such witnesses.
ARTICLE 32 — LEAVE WITHOUT PAY
32.1 Any employee who is absent from work and who is not on paid leave time shall be
considered to be on leave without pay.
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32.1.1 Regular, full-time employees in the classified service with an average, regular
work week of forty (40) hours shall receive no compensation and shall
accumulate no vacation or sick leave while on leave without pay.
32.1.2 Regular, full-time employees in the classified service with an average, regular
work week of fifty-six (56) hours shall receive no compensation and shall
accrue no paid leave while on leave without pay.
32.1.3 An employee who has need to be absent from work and who is not eligible for
paid leave time may request to be placed on leave without pay. Leave without
pay for a period not to exceed forty- eight (48) working hours may be granted
by the employee's Battalion Chief. Leave without pay in excess of forty-eight
(48) hours up to a maximum of six (6) months shall require the approval of the
Fire Chief.
32.1.4 In the event that leave without pay is granted to an employee for reasons of
illness or physical incapacity due to illness or injury, ANAHEIM shall
continue to pay for any hospitalization and major medical insurance previously
paid for by ANAHEIM for a maximum of six (6) complete months.
ANAHEIM shall waive the payment of employee premiums for any
ANAHEIM sponsored medical, dental, and life insurance benefit plans for a
maximum of six (6) complete months.
32.1.5 An employee who is absent from work in excess of six (6) months on leave
without pay shall be separated from ANAHEIM service. However, leave
without pay may be extended at the request of the Fire Chief, and with the
concurrence of the Human Resources Director, when there is reasonable sound
medical reason to believe that the employee's return to work is likely.
32.1.6 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 bi-weekly pay periods, the employee's anniversary
date for purposes of merit pay increases shall be changed to conform with the
provisions of ARTICLE 9 — APPROPRIATE SALARY STEP provided that
the employee returns to a position in the same job class. If the employee
returns to a position in a lower job classification, the employee's salary step
status shall be determined in accordance with the provisions of ARTICLE 27
— VOLUNTARY DEMOTION.
32.1.7 An employee considered exempt under ARTICLE 38 — FAIR LABOR
STANDARDS ACT, shall be granted paid time off to provide full pay for
any work day when insufficient accrued leave time is available to cover the
remainder of the day.
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ARTICLE 33 — MILITARY LEAVE
33.1 ANAHEM's policy relating to military leave and compensation, therefore, shall be in
accordance with the provisions of the Military and Veterans Code of the State of
California and with all Federal provisions (Public Law 93-508).
33.2 During any term of deployment, an employee shall be considered on leave without pay
(LWOP), and shall receive no leave accruals.
ARTICLE 34 — SICK LEAVE
34.1 Regular, full-time employees in the classified service with an average, regular work
week of forty (40) hours shall receive annual sick leave with pay in accordance with
the following provisions:
34.1.1 An employee shall accrue paid sick leave at the rate of three (3) hours for each
complete bi-weekly pay period.
34.1.2 Paid sick leave shall continue to accrue in accordance with the above
provisions during any period of leave with pay except that employees who
remain on Industrial Accident Leave after exhausting State mandated 4850
benefits shall accumulate no sick leave.
34.1.3 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 Worker's
Compensation Insurance and Safety Act after eligibility for Industrial Accident
Leave has ended, shall receive maximum compensation from ANAHEIM in
an amount equal to the difference between temporary disability payments
mandated by the State of California Worker's Compensation Insurance and
Safety Act and the regular hourly rate of pay.
34.1.4 An employee shall have one-half (1/2) hour deducted from the accrued
sick leave time for each one-half (1/2) hour of sick leave taken. An
employee with a regular work day of eight (8) hours shall have eight (8)
hours deducted from the accrued sick leave time for each regularly
scheduled working day that the employee is on paid sick leave.
34.1.5 The minimum amount of sick leave that may be taken at any given time shall
be one-half (1/2) hour.
34.2 Sick leave that is accrued, but not taken, shall be accumulated.
34.2.1 An employee shall be paid at the regular hourly rate of pay for all hours
accumulated beyond one hundred seventy five (175) in each calendar year.
Payment shall be made in January of each year, or upon the employee's
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termination of employment for any reason. A maximum of one hundred
seventy five (175) hours shall carry over from year to year.
34.2.2 ANAHEIM shall pay to an employee, upon the employee's termination of
employment due to retirement in accordance with ARTICLE 52 —
INSURANCE or layoff in accordance with ARTICLE 24 — LAYOFF AND
RE-EMPLOYMENT, all hours accumulated up to the maximum of one
hundred seventy five (175) hours that may be carried over from year to year.
If an employee dies while employed, ANAHEIM shall pay to the employee's
beneficiary, as designated by the Public Employee's Retirement System
records, the cash equivalent of all hours accumulated up to the maximum of
one hundred seventy five (175) hours that may be carried over from year to
year.
34.3 An employee who has completed six (6) months as a regular, full-time employee and
is continuously and totally disabled for more than ten (10) regularly scheduled work
shifts, shall receive a disability benefit of net sixty percent (60%) of the employee's
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.
34.3.1 Deductible benefits include salary or other compensation paid by any
employer; Worker's Compensation Act or similar law including benefits for
partial or total disability, whether permanent or temporary if benefits for partial
or total disability, whether permanent or temporary if benefits being received
are for the current disabling condition; a pension plan toward which
ANAHEIM contributed.
34.3.2 Total disability means an employee's complete inability to engage in the
employee's regular occupation.
34.3.3 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.
34.3.4 ANAHEIM shall waive the payment of employee premiums for any
ANAHEIM sponsored medical, dental and life insurance benefit plans during
any bi-weekly pay period during which short term disability benefits are paid.
34.4 In the event that any paid holiday occurs during a period when an employee is on paid
sick leave, the holiday shall not be charged against the employee's accrued sick leave.
The only sick leave hours that shall be charged against an employee's accrued sick
leave shall be those hours that the employee is regularly scheduled to work.
34.5 An employee eligible for paid sick leave shall be granted such leave for the following
reasons, in addition to any other reasons as required by law:
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34.5.1 Illness of the employee or physical incapacity of the employee due to illness
or injury.
34.5.2 Enforced quarantine of the employee in accordance with community health
regulations.
34.5.3 Medical and dental appointments during work hours. Use of sick leave for
scheduled medical and dental appointments shall require prior approval of the
employee's Battalion Chief or the Fire Chief will be granted in accordance with
the best interest of the Fire Department.
34.5.4 Temporary disabilities caused by pregnancy and childbirth.
34.5.5 Illness of the employee's immediate family.
34.6 An employee who cannot perform the employee's assigned duties due to illness or
physical incapacity shall inform the Battalion Chief as soon as possible.
34.7 In the event that an employee is absent on sick leave in excess of twenty-four (24)
consecutive working hours, the Fire Chief may require that the employee submit to
him a written statement by a physician licensed by the State of California certifying
that the employee's condition prevented the employee from performing the duties of
the employee's position. Failure on the part of the employee to comply with such a
requirement may be considered grounds for disciplinary action.
34.8 In the event that an employee becomes ill during working hours and is placed on paid
sick leave prior to the close of the workday, such paid sick leave shall be calculated to
the nearest hour.
34.9 If two (2) or more periods of total disability occur during the elimination period for
the insured LTD plan, all such periods shall be considered as one period of continuous
total disability under the following conditions:
34.9.1 All periods of total disability must be due to the same cause or causes; and
34.9.2 All recurring periods of total disability that qualify as one period of continuous
total disability for the insured LTD plan, shall qualify as one (1) period of
continuous total disability for the ANAHEIM Disability Plan and shall not
require a new waiting period before ANAHEIM Disability Benefits will be
paid; and
34.9.3 Commencement of the benefit period for the insured LTD plan shall
automatically terminate benefits from the ANAHEIM Disability Plan.
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ARTICLE 35 — VACATION
35.1 Regular, full-time employees in the classified service with an average, regular
workweek of forty (40) hours shall receive annual vacation with pay in accordance
with the following provisions:
35.1.1 For the first four (4) years of continuous, full-time service, such employees
shall accrue paid vacation at the rate of five and a quarter (5.25) hours for each
complete bi-weekly pay period plus two (2) hours of paid vacation at the close
of the final complete bi-weekly pay period of each fiscal year (138.5 hours or
17.3 working days per year). The maximum amount of vacation that may be
accumulated shall be two hundred and seventy-seven (277) hours.
35.1.2 Upon completion of four (4) years of continuous, full-time service, such
employees shall accrue paid vacation at the rate of six and a quarter (6.25)
hours for each complete bi-weekly pay period (162.5 hours or 20.3 working
days per year). The maximum amount of vacation that may be accumulated
shall be three hundred and twenty-five (325) hours.
35.1.3 Upon completion of eight (8) years of continuous, full-time service, such
employees shall accrue paid vacation at the rate of seven and a quarter (7.25)
hours for each complete bi-weekly pay period (188.5 hours or 23.6 working
days per year). The maximum amount of vacation that may be accumulated
shall be three hundred and seventy-seven (377) hours.
35.1.4 Upon completion of fourteen (14) years of continuous, full-time service, such
employees shall accrue paid vacation at the rate of eight and a quarter (8.25)
hours for each complete bi-weekly pay period (214.5 hours or 26.8 working
days per year). The maximum amount of vacation that may be accumulated
shall be four hundred and twenty-nine (429) hours.
35.1.5 Upon completion of nineteen (19) years of continuous, full-time service, such
employees shall accrue paid vacation at the rate of ten (10) hours for each
complete bi-weekly pay period (260 hours or 32.5 working days per year). The
maximum amount of vacation that may be accumulated shall be five hundred
and twenty (520) hours.
35.1.6 Upon completion of twenty-four (24) years of continuous, full-time service,
employees shall accrue paid vacation at the rate of eleven (11) hours for each
complete bi-weekly pay period (286 hours or 35.75 working days per year).
The maximum amount of vacation that may be accumulated shall be five
hundred and seventy-two (572) hours.
35.2 Paid vacations shall continue to accrue in accordance with the provisions of Section
35.1, during any period of.leave with pay, except after exhausting State mandated 4850
benefits, an employee shall accumulate no vacation. All vacations shall be scheduled
and taken in accordance with the best interests of ANAHEIM and the Fire Department.
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35.3 An employee on an approved 4850 leave shall accrue and/or schedule vacation in
accordance with the following:
35.3.1 When disability and accrued vacation occur concurrently, payment in lieu of
vacation will be made bi-weekly for any vacation accrued during an approved
4850 leave.
35.3.2 When disability and scheduled vacation occur concurrently, the previously
scheduled vacation will be canceled.
35.4 The minimum amount of vacation that may be taken at any given time shall be one-
half (1/2) hour.
35.4.1 The maximum amount of vacation that may be taken at any given time shall
be that amount that has accrued to the employee concerned.
35.4.2 An employee shall be eligible to take any accrued vacation upon completion
of six (6) months of full-time service.
35.4.3 Each employee shall have one-half (1/2) hour deducted from the accrued
vacation time for each one-half (1/2) hour of vacation taken. Vacation which
is accrued, but not taken, shall be accumulated.
35.5 Upon termination, an employee shall be compensated at the employee's regular hourly
rate of pay for any vacation accrued but not taken, provided that the employee has
successfully completed six (6) months of full-time service.
35.6 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.
35.7 An employee may request to be compensated for accrued vacation hours at any time
throughout the year subject to the following provisions:
35.7.1 The employee must have used a minimum of forty (40) hours of vacation
during the preceding twelve (12) months.
35.7.2 The employee's vacation balance cannot drop below eighty (80) hours as the
result of the request.
35.7.3 The Fire Chief or the Chief s designee must approve the respective employee's
request for vacation pay-off.
35.8 In the event an employee's work schedule changes from a forty (40) hour assignment
to a fifty-six (56) hour assignment after June 29, 2007, the employee's Paid Leave
account shall be credited with one (1) hour of Paid Leave for each complete pay period
during which the employee was assigned to the forty (40) hour assignment, except that
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there shall be no credit for time in a forty (40) hour assignment prior to June 29, 2007.
Paid Leave credited to an employee's account pursuant to this Section shall be in
addition to any other Paid Leave entitlement an employee may have under the
provisions of Section 36.11 of this Agreement.
35.8.1 It is the intent of the parties that employees promoted out of the unit (e.g. to
Battalion Chief) from a forty (40) hour assignment in a classification listed in
Appendix "B" shall receive credit for time worked between June 29, 2007 and
their date of promotion as described in Section 35.8 above upon returning to a
fifty-six (56) hour assignment or as described in Section 35.9 below upon their
separation from City service.
35.9 In the event an employee in a classification listed in Appendix "B" who is in a forty
(40) hour assignment separates City service for any reason, the employee shall be
credited with additional accrued vacation equal to the ratio of 40/56 (.7143) hours for
each complete pay period during which the employee was assigned to the forty (40)
hour assignment; except that there shall be no credit for time in the forty (40) hour
assignment prior to June 29, 2007.
ARTICLE 36 — PAID LEAVE PROGRAM
36.1 Regular, full-time employees with an average, regular work week of fifty-six (56)
hours will be entitled to paid leave benefits in accordance with to the following
provisions:
36.1.1 For the first four (4) years of continuous, full-time service, such employees
shall accrue paid leave at the rate of twelve and one-half (12.5) hours (which
appears on the payroll stub as 12:30 hours) for each complete bi-weekly
pay period (325 hours per year).
36.1.2 Upon completion of four (4) years of continuous, full-time service, such
employees shall accrue paid leave at the rate of thirteen and one quarter (13.25)
hours (which appears on the payroll stub as 13:15 hours) for each complete bi-
weekly pay period (344.50 hours per year).
36.1.3 Upon completion of eight (8) years of continuous, full-time service, such
employees shall accrue paid leave at the rate of fourteen and three quarters
(14.75) hours (which appears on the payroll stub as 14:45 hours) for each
complete bi-weekly pay period (383.50 hours per year).
36.1.4 Upon completion of fourteen (14) years of continuous, full-time service, such
employees shall accrue paid leave at the rate of sixteen (16.00) hours
(which appears on the payroll stub at 16:00 hours) for each complete bi-weekly
pay period (416 hours per year).
36.1.5 Upon completion of nineteen (19) years of continuous, full-time service, such
employees shall accrue paid leave at the rate of eighteen and one-half
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(18.50) hours (which appears on the payroll stub as 18:30 hours) for each
complete bi-weekly pay period (481hours per year).
36.1.6 Upon completion of twenty-four (24) years of continuous, full-time service,
such employees shall accrue paid leave at the rate of nineteen and one-half
(19.50) hours (which appears on the payroll stub as 19:30 hours) for each
complete bi-weekly pay period (507 hours per year).
36.2 An employee requesting paid leave time for an absence from work as a result of any
injury or illness which comes under the State of California Worker's Compensation
Insurance and Safety Act after eligibility for Industrial Accident Leave has ended shall
receive maximum compensation from ANAHEIM in an amount equal to the difference
between temporary disability payments mandated by the State of California Worker's
Compensation Insurance and Safety Act and the regular hourly rate of pay.
36.3 Paid leave time 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 after exhausting State mandated 4850 benefits shall accumulate no
paid leave time.
36.4 Paid leave time in excess of three (3) consecutive work shifts shall require the prior
authorization of the Fire Chief or a certification from a licensed medical practitioner
that the employee is disabled and unable to work. Paid leave time for reasons other
than illness or injury shall be scheduled and taken in the best interests of ANAHEIM
and the Fire Department. Failure on the part of the employee to comply with these
requirements may be considered grounds for disciplinary action.
36.5 An employee shall have one-half (1/2) hour deducted from the accrued paid leave time
for each one-half (1/2) hour of paid leave time taken.
36.6 The minimum amount of paid leave time that may be taken at any time is one-half
(1 /2) hour.
36.7 The maximum amount of paid leave time that may be taken at any time shall be that
amount that has accrued to the employee.
36.8 An employee who utilizes paid leave time under the provisions of this ARTICLE shall
inform their immediate supervisor of the fact and the reason as soon as possible and
shall ensure that their position is manned in accordance with Fire Department
operating policies.
36.9 In the event that an employee leaves work during working hours and is placed on paid
leave time prior to the close of the work day, such paid leave time shall be calculated
to the nearest hour.
36.10 Paid leave time which is accrued but not taken shall be paid under the following
conditions:
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36.10.1 Upon termination, the employee shall be paid for all hours accrued but not
used in excess of two hundred forty five (245) hours. In the event the
employee retires from ANAHEIM service, all hours accrued but not used
shall be paid out at the employee's regular hourly rate of pay.
36.10.2 An employee shall be paid at the employee's regular hourly rate of pay for
all paid leave time hours accrued but not used in excess of three hundred fifty
(350) hours (or at the employees option in excess of seven hundred fifty (750)
hours in each calendar year. Payment shall be made in January of each year.
36.10.3 An employee may be paid at the employee's regular hourly rate of pay for
all or a portion of paid leave time hours accrued but not used in excess of
two hundred forty-five (245) hours upon submission of a written and signed
request to the Finance Department, Payroll Office. Requests submitted
during any bi-weekly pay period shall be paid on the payday for that pay
period. A maximum of four such payments shall be allowed each calendar
year. When requested, such payments may be diverted to the employee's
Deferred Compensation account, within limits established by law.
36.11 In the event an employee's work schedule changes from a forty (40) hour assignment
to a fifty-six (56) hour assignment, the paid leave account shall be established as
follows:
36.11.1 accumulated shall be added together, multiplied by the ratio of 56/40 (1.4),
and rounded to the next highest whole hour.
36.11.2
Sick leave and The employee's paid leave account shall be credited with the hours resulting
vacation hours from this calculation and shall be immediately available for use.
36.12 In the event an employee's work schedule changes from a fifty-six (56) hour
assignment to a forty (40) hour assignment, paid leave accrued but not taken shall be
converted as follows:
36.12.1 Hours in the employee's paid leave time account shall be reduced by
multiplying the balance by the ratio of 40/56 (.7143) rounded to the next
highest whole hour.
36.12.2 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.
36.12.3 The employee's account balance for vacation with pay shall be credited with
any hours remaining and shall be immediately available for use.
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36.13 Paid leave time shall be used under the provisions of this ARTICLE for absences as
the result of a non -occupational illness or injury for up to ten (10) regularly scheduled
work shifts per occurrence. In the event such an absence exceeds ten (10) regularly
scheduled work shifts, an employee may, at the employee's option, use accrued paid
leave time in lieu of the disability benefit described in Section 36.14 below. When
exercising such an option, the employee shall exhaust all accrued paid leave time prior
to receiving any disability benefit for the remainder of the Short Term Disability
benefit period.
36.14 An employee who has completed six (6) months as a regular, full-time employee and
is continuously and totally disabled for more than ten (10) regularly scheduled work
shifts shall be eligible to receive a disability benefit of net sixty percent (60%) of the
employee's 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.
36.14.1 Deductible benefits include salary or other compensation paid by any
employer, Worker's Compensation Act, or similar law including benefits for
partial or total disability, whether permanent or temporary if benefits being
received are for the current disabling condition; a pension plan toward which
ANAHEIM contributed.
36.14.2 Total disability means an employee's complete inability to engage in the
employee's regular occupation.
36.14.3 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.
36.15 If two (2) or more periods of total disability occur during the elimination period for
the insured Long Term Disability plan (hereinafter called "LTD"), all such periods
shall be considered as one period of continuous total disability under the following
conditions:
36.15.1 All periods of total disability must be due to the same cause or causes; and
36.15.2 All recurring periods of total disability that qualify as one period of
continuous total disability for the insured LTD plan, shall qualify as one
period of continuous total disability for the ANAHEIM Disability Plan and
shall not require a new waiting period before ANAHEIM Disability Benefits
will be paid; and
36.15.3 Commencement of the benefit period for the insured LTD plan shall
automatically terminate benefits from the ANAHEIM Disability Plan.
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36.16 An employee who is continuously and totally disabled shall receive LTD benefits in
accordance with the provisions of Section 52.3.
ARTICLE 37 — OVERTIME
37.1 Regular, full-time employees in the classified service who work an average, regular
work week of forty (40) hours who perform authorized work in excess of their normal
work period, regular work week, work day or shift shall be compensated for such work
at the rate of one and one-half (1 %2) times regular hourly rate of pay.
37.1.1 Overtime shall be calculated to the nearest one -quarter (1/4) hour of overtime
worked, except any overtime of less than one-half (1/2) hour duration shall be
calculated to the nearest one-half (1/2) hour.
37.1.2 All overtime must be authorized by the Battalion Chief.
37.1.3 Notwithstanding the above overtime provisions, there shall be no
compensation for the time spent in attending meetings of any kind which are
for the purpose of education or training unless such attendance is required by
the Fire Chief or the Fire Chief s designated representative.
37.1.4 Paramedic training required for maintenance of certification or re- certification
shall be compensated at one and one-half (1 1/2) times the employee's regular
hourly rate of pay (forty (40) hour rate).
37.2 Regular, full-time employees in the classified service with an average, regular work
week of fifty-six (56) hours who perform authorized work in excess of their normal
work period, regular work week, work day or shift, shall be compensated at the rate
of one and one-half (1 1/2) times the employee's regular hourly rate of pay (fifty-six
(56) hour rate). For the purpose of this ARTICLE, special assignment pay shall be
included in the regular hourly rate.
37.2.1 Overtime shall be calculated to the nearest one -quarter (1/4) hour of overtime
worked, except any overtime of less than one-half (1/2) hour duration shall be
calculated to the nearest one-half (1/2) hour.
37.2.2 All overtime must be authorized by the Battalion Chief.
37.2.3 Notwithstanding the above overtime provisions, there shall be no
compensation for the time spent in attending meetings of any kind which are
for the purpose of education or training unless such attendance is required by
the Fire Chief or the Fire Chiefs designated representative.
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ARTICLE 38 — FAIR LABOR STANDARDS ACT
38.1 ANAHEIM and the AFA agree on implementation of the Fair Labor Standards Act
(FLSA) as follows:
38.1.1 Fire Captains, Fire Engineers and Firefighters are non-exempt under FLSA.
38.1.2 All voluntary committee work by Fire Captains will be considered non-
compensable.
38.2 ANAHEIM agrees not to increase staffing to eliminate overtime for situational
staffing, except when a vacancy occurs due to a long-term injury where the treating
physician certifies that the employee will be disabled for six (6) months or more or
within ninety (90) days of an employee's written confirmation of a date of retirement.
38.3 ANAHEIM and the AFA agree that this ARTICLE shall be reopened for the purpose
of negotiating all wages, hours, and terms and conditions of employment if, the Fair
Labor Standards Act is amended to change the overtime standards.
ARTICLE 39 — BILINGUAL AND EDUCATION INCENTIVE PAY
39.1 An employee required to speak, read, and/or write in Spanish or other languages
designated by the Fire Chief, as well as English as part of the regular duties of the
employee's position, will be compensated at the following rates:
Firefighter I -IV - $235.46 per bi-weekly pay period;
Fire Engineer I -IV - $261.31 per bi-weekly pay period;
Fire Captain I -IV - $297.69 per bi-weekly pay period;
Fire/Arson Investigator - $261.31 per bi-weekly pay period;
Senior Fire/Arson Investigator - $297.69 per bi-weekly pay period.
39.1.1 An employee receiving bilingual pay maybe assigned and/or reassigned by the
Fire Chief to positions to maximize the delivery of bilingual service based on
Fire Department needs.
39.1.2 Employees currently receiving bilingual pay may be required to take a test of
competency to re -certify eligibility for Bilingual Pay every three (3) years.
39.2 Educational Incentive Pay
The City agrees to pay employees educational incentive pay as follows:
39.2.1 EDUCATIONAL INCENTIVE, LEVEL II
Firefighter II, Fire Engineer II, Fire Captain II (2 %z% Incentive Pay).
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• Thirty semester (30) units of college level courses selected from the
California Uniform Fire Science curriculum or thirty (30) semester
units credit from M.I.C.U. Program.
39.2.2 EDUCATIONAL INCENTIVE, LEVEL III
Firefighter IIl, Fire Engineer III, Fire Captain III (5% Educational
Incentive Pay).
• Associate of Arts or Science (A.A. or A.S. Degree) in fire science, or
M.I.C.U. Degree.
39.2.3 EDUCATIONAL INCENTIVE, LEVEL IV
Firefighter IV, Fire Engineer IV, Fire Captain IV (7 '/2% Educational
Incentive Pay).
• Associate of Arts or Science (A.A. or A.S. Degree) in Fire Science or
equivalent.
• Thirty (30) semester units or forty (40) quarter units of upper division
classes from any of the following programs: Public Administration;
Business Administration; Fire Science; Any approved equivalent
program.
ARTICLE 40 — CALL OUT
40.1 Call out compensation shall be in accordance with the following provisions:
40.1.1 All emergency call out time shall be calculated to the nearest one- quarter (1/4)
hour of time worked.
40.1.2 Off duty forty (40) hour employees, a minimum of two (2) hours (including
travel time) of pay at the rate of one and one-half (1 1/2) times the
employee's regular hourly rate of pay shall be guaranteed for each
emergency call out.
40.1.3 Forty-five (45) minutes time shall be added to the time worked to
compensate the employee for travel time incurred for each emergency call
out.
40.1.4 Off duty fifty-six (56) hour employees who are called out for emergency
work shall be guaranteed a minimum of four (4) hours work, calculated
from the time of personal notification until the end of said work period,
unless the work continues into the regular scheduled shift. Pay for such
emergency work will be at the rate of one and one-half (1 1 /2) times their
regular hourly rate of pay.
36
40.2 An employee subpoenaed to appear during off -duty hours for court matters, within
the scope of employment and who receive such subpoena after 5:00 P.M. of the
calendar day prior to the date of court appearance, shall receive overtime
compensation according to emergency call out provisions.
40.3 An employee subpoenaed to appear during off duty hours for court matters within
the scope of employment and who receives such subpoena before 5:00 P.M. the
calendar day prior to the date of court appearance shall receive overtime
compensation according to the planned overtime provisions.
40.4 A minimum of two (2) hours pay at the rate of one and one-half (1 1 /2) times the
employee's regular hourly rate of pay shall be guaranteed for prearranged
overtime, except when such overtime occurs immediately before or after a regular
work period.
ARTICLE 41 — SHIFT DIFFERENTIALS
41.1 All eight (8) hour shifts, regularly scheduled to begin at 3:00 P.M., or thereafter,
but before 3:00 A.M., shall be designated as night shift.
41.1.1 A premium of five percent (5%) of the employee's regular hourly rate of
pay shall be paid for work performed in the night shift.
41.1.2 A premium of five percent (5%) of the employee's regular hourly rate of
pay shall be paid for each hour worked between 3:00 A.M. and 6:00 A.M
41.1.3 When a shift premium is applicable to time worked at the overtime rate of pay,
the overtime rate shall be applied to the applicable shift premium.
41.1.4 When an employee is required to work continuously without a break beyond
the end of the night shift, the overtime rate shall be applied to the applicable
shift premium.
41.2 Shift premium shall be payable only for hours actually worked and shall not be paid
for non -work time, such as vacations, holidays, sick leave, etc.
ARTICLE 42 — STAFFING
42.1 ANAHEIM and the AFA agree that each Fire Company shall be assigned regular full-
time personnel consisting of. three (3) Captains, three (3) Engineers, and six (6)
Firefighters (i.e. fifteen (15) units would include forty-five (45) Captains, forty-five
(45) Engineers, and ninety (90) Firefighters).
42.2 ANAHEIM and AFA agree to reduce the staffing level on three (3)apparatuses from
four (4) person staffing as set forth in Section 42.1 to three (3) person staffing (i.e. one
37
(1) Captain, one (1) Engineer, and one (1) Firefighter per shift). Staffing shall consist
of regular, full-time personnel.
42.3 ANAHEIM and AFA agree that AFA will be able to provide input in regards to the
four (4) apparatuses specified above; however, ANAHEIM retains, exclusively, all its
inherent rights, functions, duties, and responsibilities to determine which apparatuses
shall be staffed with three (3) persons.
42.4 Excluding the provisions specified in Sections 42.2 and 42.3, for all remaining "in-
service" apparatuses, at the time of this agreement, staffing shall be pursuant to Section
42.1.
42.4.1 With respect to any additional apparatuses placed into service by ANAHEIM,
ANAHEIM shall retain, exclusively, all its inherent rights, functions, duties
and responsibilities to determine the staffing level for each separate apparatus.
42.5 ANAHEIM and AFA agree to establish a minimum daily staffing of sixty-nine (69)
suppression employees (FC, FE, FF).
42.5.1 The minimum daily staffing of sixty-nine (69)suppression employees shall be
contingent upon the existing contract for Fire services between ANAHEIM
and Disney. Should the contract for Fire services between ANAHEIM and
Disney change or terminate, the minimum daily staffing shall be sixty-five
(65) suppression employees (FC, FE, FF).
42.5.2 ANAHEIM and AFA agree to reopen on the subject of minimum daily staffing
in the event ANAHEIM encounters a catastrophic fiscal emergency.
42.6 Regarding Sections 42.1 and 42.2 of the MOU, the PARTIES agree that if no
Firefighters have made themselves voluntarily available on the Telestaff "pick -list,"
a Fire Engineer will be allowed to voluntarily downgrade and work in the Firefighter
position. At no time shall a Fire Engineer be allowed to backfill in a Firefighter
position if Firefighters are on the voluntary Telestaff "pick -list" and available to work;
unless such Fire Engineer is mandated to perform work in a Firefighter position
pursuant to Section 14.2 of the MOU.
42.6.1 If a Fire Engineer voluntarily downgrades and works in a Firefighter position,
such employee shall be compensated at the regular hourly rate of pay,
including specialty pay, as a Fire Engineer.
42.6.2 If there are no employees classified as a Fire Engineer or Firefighter who
voluntarily signup on the Telestaff "pick -list" and are available to work, then
the rank in which the vacancy occurs shall be mandatory filled as identified in
Lexipol Policy 214.
42.6.3 This provision shall only apply if there are nine (9) or more vacancies in the
Firefighter rank (including vacancies created by Industrial Accident, modified
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work, long- and short-term disability, and emergency staffing and emergency
holdover).
ARTICLE 43 — SITUATI ONAL STAFFING
43.1 Employees in the following job classifications who are assigned to perform overtime
work in accordance with the situational staffing concept shall be compensated for such
overtime work at the rate of one and one-half (1 1/2) times their regular hourly rate of
pay (fifty-six (56) hour rate). For the purpose of this ARTICLE only, special
assignment pay shall be included in the regular hourly rate.
Fire Captain II Fire Engineer I
Firefighter I
Fire Captain III Fire Engineer II
Firefighter 11
Fire Captain IV Fire Engineer III
Firefighter III
Fire Engineer IV
Firefighter IV
43.2 ANAHEIM and the AFA agree that if there are insufficient volunteers to meet
appropriate staffing levels, as determined by ANAHEIM, ANAHEIM may require
employees to work situational staffing shifts. In the event that additional fire
companies are put in service during the term of this MOU, and ANAHEIM elects to
staff these new companies by situational staffing; or if total suppression strength drops
below one hundred seventy-one (171) employees; the AFA shall have the right to
reopen the mandatory situational staffing issue.
ARTICLE 44 — HAZARDOUS MATERIALS PROGRAM
44.1 Regular, full-time employees in the classified service shall be eligible to participate
in the Hazardous Materials Program in accordance with the following provisions:
44.1.1 The Fire Department shall determine the standards and procedures for
selection of employees assigned to the Hazardous Materials Program.
44.1.2 Upon successful completion of the Hazardous Materials Academy, each
employee assigned to Hazardous Materials duties shall be eligible for
Hazardous Materials Assignment Pay as outlined in ARTICLE 11 —
PREMIUM PAYS.
44.1.3 The effective date of Hazardous Materials Assignment Pay shall be the first
day of the pay period following beginning of the assignment.
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44.1.4 Employees selected for the Hazardous Materials Program shall agree to a three
(3) year minimum assignment to the Program.
44.1.5 Employees assigned must successfully complete training to the level of
Hazardous Materials Technician I.
44.1.6 Employees assigned must agree to successfully complete any additional
training as directed by the Fire Department.
44.1.7 The number of employees assigned to the Program shall be determined by the
Fire Chief.
44.1.8 The assignment of duties of all employees in the Hazardous Materials Program
shall be directed by the Fire Chief..
44.1.9 Each employee assigned to the Hazardous Materials Program shall be eligible
for a Haz-Mat baseline and medical surveillance examination upon entry into
the program, annually while assigned to the program and upon exit from the
program.
44.1.10 Said examinations shall be by a physician recognized as a toxicologist
knowledgeable in fire service illness and injury.
44.1.11 Employees shall sign a disclosure form permitting the examining physician to
notify the Fire Chief, or designee, that the employee is "Fit" or "Unfit" for
duty.
44.1.12Employees exposed directly or indirectly to hazardous material may be tested
with the needed toxicological examinations and shall receive medical
treatment as required.
44.2 ANAHEIM agrees to continue this program unless it no longer is practical to do so.
ANAHEIM agrees to notify the AFA of its intent to modify or to rescind this
ARTICLE. If rescinded, all pay, benefits, and working conditions will automatically
cease.
ARTICLE 45 — STANDBY
45.1 An employee assigned to standby duty for purposes of being on call to handle
emergency situations, arising at times other than during normal working hours shall
be guaranteed two (2) hours of pay at the regular hourly rate of pay for each calendar
day of such standby duty.
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ARTICLE 46 — TRAVEL AND MILEAGE EXPENSE
46.1 ANAHEIM's mileage reimbursement rate will be the standard mileage rate
established by the Internal Revenue Service.
46.2 Any increase or decrease shall be effective the first day of the second month after the
date of the publication by the Internal Revenue Service.
46.3 All requests for mileage reimbursement shall include the date, point of departure,
point of destination, and the actual miles traveled. Actual miles traveled shall be
measured from the work site to the destination to the work site. If travel originates
from home, then a base mileage rate of home to work site and/or work site to home
will be subtracted from total miles traveled and the net mileage reported for
reimbursement.
46.4 Hotels and Meal Reimbursement
46.4.1 ANAHEIM will reimburse rates for lodging and meals within the primary
destination and county as identified per the GSA.gov website.
46.4.2 When feasible, and at the discretion of the Strike Team Leader, personnel will
be provided a hotel room during the incident rest period when assigned as part
of a strike team or overhead assignment. Each room will house two (2)
personnel unless rooms with two beds are unavailable at the hotel. The room
cost including taxes shall not exceed the current General Services
Administration ("GSA") lodging rate.
46.4.3 In the event that meals are not provided by the incident and/or while traveling
to and from the incident, a City purchasing card can be used for meals
purchased in an amount not to exceed the current GSA meal rate. Personnel
shall not seek reimbursement or utilize City purchasing cards when meals are
provided by the incident.
During the incident rest period and when assigned a hotel room, a City
purchasing card can be used for meals purchased in an amount not to exceed
the current GSA meal rate.
46.4.4 Whenever possible, a City purchasing card will be used prior to using personal
credit cards or cash to purchase hotel rooms and meals with the understanding
that the GSA lodging and meal rate limits shall apply. If a City purchasing
card is unavailable, a personal credit card or cash may be used and the user
will be reimbursed up to the current GSA lodging and meal rates listed on the
GSA.gov website.
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ARTICLE 47 — TOBACCO PRODUCTS
47.1 ANAHEIM and the AFA agree that all employees hired after February 1, 1988 (02-
01-88), in classifications listed in Appendix 'B", as a condition of employment with
ANAHEIM agree to not use tobacco products at any time during their tenure.
ARTICLE 48 — COMMUNICABLE DISEASES
48.1 ANAHEIM and the AFA recognize that firefighting personnel are exposed to a higher
than average risk from Communicable Disease; therefore, those personnel exposed to
such risks should submit Industrial Accident claims with as much information as
available, within twenty-four (24) hours of occurrence or as soon as known.
ANAHEIM agrees to process such claims within seven (7) days of submission.
48.2 ANAHEIM agrees to make available to all employees in Appendix "B", any
preventative vaccines approved by the Fire Chief.
ARTICLE 49 — UNIFORMS AND LAUNDRY
49.1 ANAHEIM shall provide new employees two (2) new NOMEX II uniform sets, one
(1) regulation uniform jacket with cloth badge and one (1) regulation uniform belt,
leather boots, and other required articles.
49.2 ANAHEIM shall provide annually (each September), to every employee working in
a classification listed in Appendix "B", two (2) items from the list below, or two (2)
of the same items below (excluding leather turnout boots), at the employees option:
(1) One (1) Nomex II Uniform set
(2) One (1) Dual Compliant Wildland Pant
(3) One (1) Class B Uniform set
(4) One (1) Pair of Wildland Boots
(5) One (1) Uniform Jacket (511 or Workrite)
(6) One (1) Pair of Leather Structure Boots
(7) One (1) Job Shirt
49.2.1 All items shall be according to Anaheim Fire & Rescue Specifications.
49.3 ANAHEIM agrees to pay every employee, working in a classification listed in
Appendix "B," five hundred dollars ($500) per year as compensation for the purchase,
maintenance, and laundry of approved work shirts, pants, tee-shirts, sport shoes,
sheets, and pillow cases. Such payment shall occur in the first pay period of each
calendar year. To the extent permitted by law, the City shall report this pay to
Ca1PERS as special compensation per Title 2, CCR Section 571(a)(5).
Notwithstanding the previous sentence, for "new members" as defined by the Public
Employees' Pension Reform Act of 2013, the uniform allowance will not be reported
as compensation earnable to Ca1PERS.
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49.4 ANAHEIM shall provide one (1) class "B" uniform to every employee working in a
classification listed in Appendix "B". ANAHEIM shall provide two (2) new NOMEX
11 uniform sets with uniform patch and embroidered name tag to every employee
working in a classification listed in Appendix "B", and, if needed, one (1) regulation
uniform jacket with cloth badge, uniform patch, and embroidered name tag.
ARTICLE 50 — CONSECUTIVE SHIFT RULE
50.1 ANAHEIM and the AFA agree that no employee shall work in excess of five (5)
consecutive work shifts (one -hundred twenty (120) hours). Both parties agree that
employees may be required to continue work or return to work in excess of five (5)
consecutive work shifts (one -hundred twenty (120) hours) during any emergency
situation.
50.2 An employee shall be off work for twenty-four (24) consecutive hours in order for the
Consecutive Shift rule to reset. During any one -hundred and forty-four (144)
consecutive hours employees must be off from work for at least twenty-four (24)
consecutive hours.
ARTICLE 51— GRIEVANCE PROCEDURE
51.1 Any alleged violation of the terms and conditions of this Memorandum or any alleged
improper treatment of an employee, or any alleged violation of commonly accepted
safety practices and procedures shall be considered to be a matter subject to review
through the grievance procedure and settled in accordance with the provisions of this
ARTICLE.
51.1.1 In those instances where the discipline imposed is other than salary step
reduction, suspension, demotion, or dismissal, either the AFA or the affected
employee, may submit a written request for a review of the disciplinary actions
through an administrative review procedure.
51.1.1.1 Administrative Review Procedure:
The written request must be submitted to the Fire Chief within
fourteen (14) calendar days after receipt of notice by the
employee of the disciplinary action. The Fire Chief shall
conduct an administrative review within fourteen (14)
calendar days of submission of the written request.
The Fire Chief 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
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the administrative review. The Chief s determination shall be
final and binding.
51.1.2 Supervisory log entries shall not be subject to review through the grievance
procedure nor through the administrative review procedure set forth in
Section 51.1.1.1.
51.1.3 Section 23.5 provides for an accelerated procedure under the provisions of
this ARTICLE when an employee is dismissed.
51.2 Any violation of this MOU as alleged by ANAHEIM shall be resolved between
authorized representatives of ANAHEIM and the AFA. In the event that the parties
cannot resolve the dispute, the dispute shall, upon the request of either party, be
referred to the arbitrator for a final and binding decision.
51.3 Employees shall have the right to be represented in grievance matters in the following
manner:
51.3.1 Employees shall have the right to represent themselves individually in
grievance matters.
51.3.2 Employees may designate a representative to represent them in grievance
matters.
51.3.3 No supervisor shall be represented in grievance matters by a subordinate
employee.
51.3.4 No employee shall be represented in grievance matters by the employee's
supervisor.
51.4 All expenses of any arbitration shall be borne equally by ANAHEIM and the AFA.
51.5 Employee grievances shall be handled in the following manner:
51.5.1 First Step. An attempt shall be made to adjust all grievances on an informal
basis between the employee and/or the employee's designated representative
and a supervisor in the employee's chain of command, up to and including the
Battalion Chief, within thirty (30) calendar days after the occurrence of the
incident causing the grievance. The Battalion Chief shall deliver an answer
within fifteen (15) calendar days after submission of the grievance.
51.5.1.1 Grievances resulting from the actions of a department other
than an employees work unit shall be heard by an appropriate
administrative manager from that department.
51.5.2 Second Step. If the grievance is not satisfactorily adjusted in the First Step, it
shall be submitted in writing to the Fire Chief within fifteen (15) calendar days
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after the Battalion Chiefs answer is received by the employee and/or the
employee's designated representative. The Fire Chief shall meet with the
employee and/or the employee's designated representative within fifteen (15)
calendar days after submission of the grievance to the Fire Chief. The Fire
Chief shall review the grievance and may affirm, reverse, or modify as deemed
appropriate, the disposition made at the First Step and shall deliver the Second
Step answer to the employee and/or the employee's designated representative
within fifteen (15) calendar days after said meeting.
51.5.2.1 Grievances resulting from the actions of a department other
than an employee's work unit shall be heard by an appropriate
Administrative or Executive Manager from that department.
51.5.3 Third Step. If the grievance is not satisfactorily adjusted in the Second Step it
may be submitted in writing to Arbitration.
51.5.3.1 The parties 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.
51.5.4In order to request arbitration, the grievant and/or the employee's
representative shall serve written notice to the other party within thirty (30)
calendar days after the Second Step answer specifying the grievance to be
submitted. The parties shall thereafter attempt to resolve the issue and select
the arbitrator. If an arbitrator cannot be agreed upon the parties shall request a
panel from the American Arbitration Association.
51.6 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 nor to modify any of the
terms of any MOU between the parties and that the arbitrator's award shall be
consistent with and controlled by this MOU, Ordinances and Charter of ANAHEIM,
and the laws and Constitution of the State of California.
51.7 The arbitrator will be requested by the parties to render a decision in writing as quickly
as possible but in no event later than thirty (30) days after the conclusion of the
hearings, unless the parties agree otherwise.
51.8 Any grievance not presented and/or carried forward by the employee and/or the
employee's designated representative within the time limits specified in Sections
51.5.1, 51.5.2, and 51.5.4 shall be deemed null and void, provided, however, the
employee and/or the employee's designated representative and the ANAHEIM
representative may agree to continue said time limits. In the absence of an agreement
to continue time limits, a grievance not responded to by ANAHEIM within time limits
specified in Sections 51.5.1 or 51.5.2 may, at the discretion of the AFA, be advanced
to the next Step.
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51.9 Any adoption, deletion, or revision of ANAHEIM policy as may be suggested or
recommended by any employee or employee organization shall not be considered to
be a matter subject to review through the grievance procedure.
5 1. 10 In the case of salary step reduction, suspension, demotion, or dismissal, the arbitrator
is empowered to make an award up to and including making the employee whole for
any economic loss suffered.
ARTICLE 52 - INSURANCE
52.1 Health Plans
52.1.1 ANAHEIM agrees to offer the prepaid and/or insurance health plans
recommended by the Joint Committee on Medical Programs and approved by
the City Council. Health Maintenance Organization (hereinafter called
"HMO") benefit schedules shall be standardized to the extent possible.
52.1.1.1 All eligible employee must enroll in a medical and dental plan
offered by the City or show acceptable proof of alternate coverage.
Any employee who fails to elect medical and dental plan coverage
by the end of the enrollment period will be automatically enrolled
by ANAHEIM in a single party coverage for medical and dental
plan with the lowest monthly ANAHEIM contribution.
52.1.2 ANAHEIM shall increase its contribution to the premiums for the various
health plans each January. This contribution shall be based on the Consumer
Price Index, All Items - Urban Wage Earners and Clerical Employees
(CPI-W), for the area identified as Los Angeles - Riverside - Orange
County. The increase in ANAHEIM's contribution shall be equal to the
percent change for the year ending May of the prior calendar year plus
seventy-five percent (75%) of any amount above the CPI-W. (For example,
the City's increase in contribution for calendar year 2003 shall equal the
percent change in the CPI-W for the year ending May 2002, plus seventy-
five percent (75%) of the amount of the health premium increase that
exceeds the percent change in the CPI-W for the year ending May 2002).
52.1.2.1 Employees who are covered by other health plans may present
proof of such coverage in order to receive one hundred twenty
five dollars ($125) per month in lieu of health benefits provided
herein. This shall apply to the dependent spouse of married
Anaheim employee couples. In the event an employee who has
elected this option loses health coverage for any reason, and
notifies ANAHEIM of such loss within thirty (30) calendar
days, the employee may enroll immediately in any plan offered
by ANAHEIM. Employees may re-elect the "opt -out" option
annually during open enrollment, or may enroll in a City
sponsored health plan.
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52.1.3 Married City employee couples shall have the option to elect the "opt -out" for
the dependent spouse as described in Section 52.1.3.1 or to direct the City to
increase its normal contribution towards health coverage by an amount up to
the City's contribution towards single -party coverage.
52.1.4 Proof of marriage will be required of all employees enrolled in any City health
plan to enroll a dependent spouse. ANAHEIM shall provide health coverage
to couples who have filed a Declaration of Domestic Partnership with the
California Secretary of State ("Registered Domestic Partners").
52.1.5 The Master contract between ANAHEIM and the plan administrator shall
govern in the event of any disputes over any matter within the provisions of
the contract.
52.1.6 The benefit schedules for the prepaid HMO health plans will not be modified
unilaterally by ANAHEIM, except that each company may, from time to time,
make revisions to master contract language or impose minor benefit
modifications.
52.1.7 At the sole discretion of the City, the PARTIES agree to reopen during the
term of this Agreement on Health Insurance as a result of any changes to the
Federal Affordable Healthcare Act.
52.2 Life Insurance
52.2.1 In the event that eligible survivors of an employee who died as the direct and
proximate result of personal injury sustained in the line of duty elects to
continue health benefit coverage under COBRA, ANAHEIM shall continue to
pay for any hospitalization and major medical insurance previously paid for
by ANAHEIM for a maximum of thirty-six (36) complete months or until
survivors are eligible for health benefit coverage by another employer,
whichever occurs first. The survivors will pay $1.00 per month for the
coverage. In addition, if as a result of Government Code Section 22820,
benefits to the survivors are paid for by another party (e.g., the State of
California) the City will not be responsible for paying for the coverage
even for the initial thirty-six (36) months.
52.2.2 ANAHEIM agrees to provide fifty thousand dollars ($50,000) of Basic group
term life insurance during the term of this MOU.
52.2.2.1 ANAHEIM agrees to provide supplemental term life insurance
of up to four hundred fifty thousand dollars ($450,000) in
increments of fifty thousand dollars ($50,000). One hundred
percent (100%) of the cost of the supplemental term life
insurance shall be paid by the employee.
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52.2.3 Dependent coverage with an insurance volume of ten thousand dollars
($10,000) per dependent may be added to the life insurance coverage at the
option of the employee.
52.2.4 ANAHEIM shall contribute one-half (1/2) of the cost of the premium for the
group term life insurance and dependent coverage. The employee shall
contribute the difference between the ANAHEIM contribution and the total
premium cost.
52.2.4.1 AFA and ANAHEIM agree that effective July 1, 2002, the
employee's contribution for the premium for the group term life
insurance for the employee shall be paid from the Life
Insurance Rebate account. ANAHEIM shall continue to
contribute one-half the cost of the premium for the dependent
coverage and the employee shall continue to contribute the
difference between the ANA14EIM contribution and the total
premium cost for dependent coverage.
52.2.4.2 AFA and ANAHEIM agree that payment of employee's
contribution for the premium for group term life insurance
from the Life Insurance Rebate account shall continue through
June 30, 2006, or until the account is depleted, whichever
occurs first.
52.2.5 An employee who retires shall receive a paid -up life insurance policy, paid
wholly by ANAHEIM, with a face value of one hundred dollars ($100.00) for
each complete year of service and fifty dollars ($50.00) for more than six (6)
months, but less than a complete year of service up to a maximum of two
thousand dollars ($2,000.00).
52.2.6 ANAHEIM shall pay a ten thousand dollars ($10,000) death benefit in
addition to other life insurance and death benefits to the eligible survivors of
an employee who died as a result of the direct and proximate personal injury
sustained in the line of duty.
52.2.7 Permanent and Total Disability Life Insurance Benefit
52.2.7.1 Employees eligible to retire: Such employee who is
permanently and totally disabled shall receive the following
Life Insurance benefit:
52.2.7.1.1 One hundred dollars ($100.00) paid up life insurance
for each year of service as provided under the Retired
Life Insurance Program.
52.2.7.1.2 Decreasing term life insurance in the amount of the
employee's Basic Life Insurance less the paid up life
insurance described above. Such term life insurance
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shall decrease by 1/60 of the original value each month
until the face value of such insurance reaches zero (5
years).
52.2.7.1.3 The permanently and totally disabled employee will
pay no premium during the term of this benefit.
52.2.7.1.4 Employees not eligible to retire: Such employee shall
receive the following Life Insurance benefit:
52.2.7.1.5 Decreasing term life in the amount of the employee's
Basic Life Insurance. Such term insurance shall
decrease by 1 /60 of the original amount each month
until the face value reaches zero (5 years).
52.2.7.1.6 The permanently and totally disabled employee shall
pay no premium during the term of this benefit.
52.2.8 This language expresses the intent of the parties. The precise language will
be prepared by insurance attorneys.
52.3 Long Term Disability Benefits
52.3.1 ANAHEIM agrees to pay the cost of the long term disability insurance
premiums during the term of this MOU.
52.3.2 ANAHEIM shall pay the premium for employee group long term disability
insurance coverage in accordance with the provisions of any contract between
ANAHEIM and any company or companies providing such coverage.
52.3.3 ANAHEIM shall only provide long term disability for non -occupational
disabling conditions.
52.3.4 The parties agree that the Association shall purchase and provide long-term
disability insurance to the members of the Association. The City will pay the
Association for the premiums for the long-term disability insurance for its
members. However, any increases in the cost of the insurance shall not exceed
any increase the City pays to its insurance carrier for long-term disability
insurance.
52.4 Dental Plans
52.4.1 ANAHEIM agrees to continue sponsorship of a fee for service dental plan.
52.4.2 ANAHEIM agrees to continue sponsorship of a prepaid dental plan.
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52.4.3 ANAHEIM shall, during the term of this MOU, pay up to the contribution rate
in effect in 2007 ($24.99 Single; $38.99 2-Party; $56.03 Family) towards the
premium cost of the plan selected by the employee.
52.5 Short Term Disability
52.5.1 ANAHEIM agrees to continue sponsorship of the employee paid short term
disability insurance coverage for presently enrolled employees during the term
of this MOU.
52.5.2 ANAHEIM agrees to provide the existing Short Term Disability plan.
ANAHEIM agrees to pay ANAHEIM's portion of medical, dental, life, and
optical insurance during absence due to illness or injury up to six (6) months.
52.6 CalPERS Retirement Benefits
52.6.1 The City contracts with CalPERS for retirement benefits. The definitions of
"new member" and "classic member" are set forth below:
52.6.1.1 For "Classic Member" Emnlovees
Retirement Formula: The City contracts with CalPERS to
provide the 3% at 50 retirement formula for all employees
hired before January 1, 2013 as set forth in California
Government Code Section 21362.2. For employees hired on
or after January 1, 2013 who are classic members as defined,
the City contracts with CalPERS to provide the 2% at 50
retirement formula as set forth in California Government
Code Section 21362.
Retirement Benefit Calculation Period: The City's contract
with CalPERS provides for the "Single Highest Year"
retirement benefit for which "classic member" employees
hired prior to January 1, 2013 in the unit are included per
Government Code Section 20042. The retirement benefit is
based on the highest annual compensation for the one year
during the employee's membership in CalPERS. For
employees hired on or after January 1, 2013 who are classic
members as defined, final compensation will be based on the
highest annual average compensation earnable during the
three consecutive years of employment immediately
preceding the effective date of his or her retirement or any
other three consecutive year period chosen by the employee
as set forth in Government Code Section 20037.
Pavment of Emvlovee/Member Contribution: Classic
members pay their 9% Member Contribution. The City pays
and reports zero percent (0%) as an Employer Paid Member
Contribution (EPMC) under Government Code Section
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20636(c)(4) pursuant to Section 20691. The City has adopted
the CalPERS resolution in accordance with IRS Code Section
414(h)(2) to ensure that the employee contribution is made on
a pre-tax basis.
Cost Sharing: All unit members enrolled in CalPERS who are
not new members under PEPRA shall contribute an amount
through payroll deductions equal to an additional three
percent (3.0%) of compensation earnable as cost sharing of
the City's required contribution to CalPERS under
Government code Section 20516(f). These cost sharing
deductions shall be made on a pre-tax basis to the extent
allowed under applicable law. These employees are
responsible for paying an additional pension contribution of
three percent (3%) as cost sharing in accordance with
Government Code Section 20516(f), for a total employee
pension contribution of twelve percent (12%).
52.6.1.2 For "New Members" As Defined By the Public Employees'
Pension Reform Act of 2013 PEPRA
Retirement Formula: Unit members who are defined as "new
members" under the PEPRA, are covered by the 2.7%@ 57
formula provided for by the Public Employees' Retirement
Law at Government Code Section 7522.25(d).
Retirement Benefit Calculation Period: For unit members
defined as "new members" under the PEPRA such employees'
final compensation will be based on the highest annual
average compensation earnable during the three consecutive
years of employment immediately preceding the effective date
of his or her retirement or any other three consecutive year
period chosen by the employee as set forth in Government
Code Section 7522.32(a).
Payment of Employ ee/Member Contribution: New member
employees are responsible for paying the employee
contribution of one-half of the total normal cost of the plan, as
defined by CalPERS, through a payroll deduction. This
amount will be determined by CalPERS in the future. The
City has adopted the CalPERS resolution in accordance with
IRS Code Section 414(h)(2) to ensure that the employee
contribution is made on a pre-tax basis.
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52.7 Deferred Compensation
52.7.1 ANAHEIM and AFA agree that employees in classifications represented by
the AFA may participate in deferred compensation programs offered by
ANAHEIM.
ARTICLE 53 — POST RETIREMENT MEDICAL BENEFITS
53.1 ANAHEIM and AFA agree that employees hired on or after November 9, 2001, shall
not be eligible for any post -retirement medical benefits under this ARTICLE.
ANAHEIM and AFA agree that employees hired on or after November 9, 2001, shall
be provided a defined contribution POST Retirement Medical benefit with the
following provisions:
53.1.1 Use of an Integral Part Trust for reimbursement of qualified medical expenses.
Qualified medical expenses are those authorized under the provisions of
Internal Revenue Code Section 213, excepting only those expenses
ANAHEIM and the AFA may mutually agree to exclude.
53.1.2 ANAHEIM will contribute a one-time lump sum of three thousand dollars
($3,000) to the individual employee's Retirement Health Savings Account
(RHSA) at the time the employee is hired into a classification represented by
the AFA. This contribution shall vest to the employee upon completion of
five (5) years of continuous City service, except that this contribution shall
immediately vest to the benefit of any employee who separates City service as
the result of being granted an industrial disability retirement from the Public
Employees Retirement System.
53.1.3 A mandatory employee pre-tax contribution equivalent to three percent (3%)
of the top step Firefighter 1-V base earnings will be deposited to the individual
employee's Retirement Savings Account on a bi-weekly basis.
53.1.4 AFA and ANAHEIM agree that any employee who separates City service for
any reason will be eligible to withdraw funds for reimbursement of eligible
medical expenses without regard to the employee's age or years of service.
AFA and ANAHEIM acknowledge that employee contributions for employer -
provided group health insurance provided by other employers are not an
eligible medical expense for the purpose of this plan.
53.1.5 AFA and ANAHEIM agree that employees hired on or after November 9,
2001, who have completed at least ten (10) years of consecutive ANAHEIM
service, and who are awarded a retirement from PERS as their reason for
separation from ANAHEIM service shall be allowed access to ANAHEIM
sponsored group health plans as one of their coverage options-
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53.1.6 AFA and ANAHEIM agree that upon the death of an employee, the surviving
spouse and/or eligible dependents are immediately eligible to maintain the
individual member account and to utilize it to fund eligible medical benefits.
53.1.7 AFA and ANAHEIM agree that the Plan Document shall establish the medical
benefits that are reimbursable to participating employees and shall establish
benefit eligibility, consistent with this Letter of Understanding and with
applicable Internal Revenue Service regulations.
53.1.8 If any provision of Section 53.1.1 through 53.1.8 is at any time or in any way
expressly prohibited by Private Letter Ruling or held to be contrary to any law
by any court of proper jurisdiction, the remainder shall not be affected thereby,
and shall remain in full force and effect.
The following provisions (&53.2 through and including &53.7) anoly only to
those employees hired prior to November 9 2001.
53.2 Regular, full-time employees in the classified service in classifications listed in
Appendix "B", who are enrolled as a subscriber in an ANAHEIM sponsored health
plan at the time of separation from ANAHEIM service shall be eligible to participate
in any ANAHEIM sponsored health (medical benefits only) plan as a retiree. As of
January 1, 1995, regular full-time employees in the classified service in classifications
listed in Appendix 'B", who are enrolled as a subscriber in an ANAHEIM-sponsored
dental plan, at the time of separation from ANAHEIM service and all retirees who
were actively employed on or after January 1, 1988, who are enrolled as a subscriber
in any ANAHEIM sponsored health plans, shall also be eligible to participate in any
ANAHEIM-sponsored dental plan as a retiree.
53.2.1 Employees who retired prior to January 1, 1988, who were eligible for post -
retirement health benefits at the time of their separation from ANAHEIM
service and who maintain continuous membership in good standing shall pay
monthly premiums in accordance with the following schedule:
Single coverage $15.00 monthly
Two-party coverage $15.00 monthly
Family coverage $45.00 monthly
53.2.2 The surviving spouse of the retiree may continue coverage under the same
terms and conditions.
53.3 Employees who were hired prior to January 1, 1984, and who retire on or after January
1, 1988, and prior to January 1, 1994, and who meet the requirements described below
shall be eligible to participate in any ANAHEIM sponsored medical and/or dental
plan.
53.3.1 The employee must have completed at least five (5) years of continuous, full-
time ANAHEIM service on the date of retirement, and
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53.3.2 The employee must have awarded a retirement from the Public Employees'
Retirement System (hereinafter called "PERS") as the reason for separation
from ANAHEIM service, and
53.3.3 PERS retirement benefits must commence no later than the first day of the
month following the date of separation from ANAHEIM service.
53.3.4 ANAHEIM shall contribute towards the premium costs of any ANAHEIM
sponsored medical plan elected by the employee up to the amount contributed
by ANAHEIM towards the cost of the Employee Medical Plan Option I in the
year prior to the employee's retirement.
53.3.5 ANAHEIM shall contribute towards the premium costs of any ANAHEIM
sponsored dental plan elected by the employee up to the amount contributed
by ANAHEIM towards the cost of the Safeguard Dental Plan in the year prior
to the employee's retirement.
53.3.6 The surviving spouse of the retiree may continue coverage under the same
terms and conditions.
53.4 Employees who retire on or after January 1, 1988, and who meet the requirements
described below shall be eligible to participate in any ANAHEIM sponsored health
plan.
53.4.1 The employees must have completed at least ten (10) years of continuous, full-
time ANAHEIM service on the date of retirement, and
53.4.2 The employee must have been awarded a retirement from PERS as the reason
for separation from ANAHEIM service, and
53.4.3 PERS retirement benefits must commence no later than the first day of the
month following the date of separation from ANAHEIM service, OR
53.4.4 The employee must have been awarded a disability retirement (Ordinary or
Industrial) from PERS as the reason for separation from ANAHEIM service.
53.4.5 ANAHEIM shall provide separate contributions towards the premium costs of
the ANAHEIM sponsored medical and/or dental plans elected by the
employee according to the following schedule:
53.4.5.1 For Service Requirements, the contributions shall be a
percentage of the annual contributions made by ANAHEIM on
behalf of active employees, the percentage equal to 1.2 times
the "2% at age 50" Safety PERS retirement schedule, to a
maximum contribution of ninety-five percent (95%) based on
the employee's age and consecutive years of ANAHEIM
service at the time of retirement. ANAHEIM service shall be
calculated to the nearest complete one quarter year.
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53.4.5.2 For Disability Retirements, the contribution shall be a
percentage of the annual contributions made by ANAHEIM on
behalf of active employees, the percentage equal to two percent
(2%) for each year of service to a maximum contribution of
ninety-five percent (95%) based on the employee's consecutive
years of ANAHEIM service at the time of retirement.
ANAHEIM service shall be calculated to the nearest complete
one -quarter year.
53.4.5.3 In the event an employee is eligible for both a Service and
Disability Retirement benefit under this ARTICLE, the
employee shall receive the Service Retirement benefit.
53.4.6 The ANAHEIM contribution shall be based on the Two Party or Family rate
only for those employees who properly enroll a dependent spouse and/or other
family members prior to retirement, and shall continue only as long as the
retiree maintains coverage for such dependents in ANAHEIM sponsored
health plans. Nothing in this ARTICLE shall prevent a retiree from properly
enrolling new dependents at the retiree's post.
53.4.7 Employees who retire on or after June 1, 2006 shall be required to enroll in
Medicare Parts A and B upon establishing eligibility as a condition of
continued health plan coverage.
53.4.8 The full value of any Medicare credits provided to ANAHEIM or Medicare
surcharges imposed on ANAHEIM by virtue of a retiree's participation or
nonparticipation in Medicare shall be passed on to the retiree in the form of
reduced or increased premium costs.
53.4.9 The surviving spouse of the retiree may continue coverage under the same
terms and conditions provided that the surviving spouse was properly enrolled
at the time of the employee's retirement and that dependent coverage was
continuously maintained during the employee's retirement.
53.5 The following conditions shall apply to all retirees who have post -retirement medical
benefit coverage under Sections 53.2 et seq. of this ARTICLE:
53.5.1 Once canceled for any reason, coverage shall not be reinstated.
53.5.2 ANAHEIM agrees to notify the AFA when coverage may be canceled for
nonpayment of fees. Coverage shall be canceled for nonpayment of fees after
three (3) months in arrears.
53.5.3 There shall be Coordination of Benefits where other insurance exists.
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53.5.4 Retirees may change plans and add dependents only during the annual open
enrollment period, except that the surviving spouse of a retiree may not enroll
a new spouse.
53.5.5 Vision care benefits shall be provided to all retired firefighters.
53.6 As used in this ARTICLE, "spouse" is understood to include a registered domestic
partner when a Declaration of Domestic Partnership has been fled with California
Secretary of State.
53.7 An employee who has completed twenty (20) consecutive years of service with
ANAHEIM as a certified Firefighter and who has prior service as a certified
Firefighter, with another California Fire 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. Employees who have completed five (5) or
more years of continuous full-time ANAHEIM service and who terminate
employment with ANAHEIM and are subsequently reinstated within three (3) years
of their date of separation shall be credited with prior service for the purpose of
calculating continuous full- time ANAHEIM service upon completion of all of the
vesting requirements in Section 53.4.
53.8 Effective June 24, 2022, notwithstanding date of employment, ANAHEIM shall
contribute one percent (1%) of an employee's base pay to the employee's retirement
health savings account on a bi-weekly basis.
53.9 Effective June 23, 2023, notwithstanding date of employment, ANAHEIM shall
contribute three percent (3%) of an employee's base pay to the employee's retirement
health savings account on a bi-weekly basis.
ARTICLE 54 — JOINT COMMITTEE ON MEDICAL PROGRAMS
54.1 ANAHEIM and the AFA agree, in recognition of the need to provide an adequate
level of medical care coverage at a reasonable cost to ANAHEIM and its' employees,
hereby agree to the formation of a committee to analyze current ANAHEIM
sponsored medical programs, review alternative approaches to providing medical care
programs, plan design, and investigative cost containment systems, all for the purpose
of achieving adequate low cost medical care for the employees of ANAHEIM.
54.2 Two (2) members from the AFA will serve on the committee with Human Resources
Department staff and operating department management staff.
54.3 This committee will meet as often as necessary during the term of this MOU and will
report to the Human Resources Director on a periodic basis its' findings and
recommendations for change to ANA.HEIM's present medical plans. A report shall
be prepared setting forth specific recommendations consisting of. alternatives, plan
design, and cost containment provisions. The report shall be forwarded to the City
Manager for review.
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54.4 Because of the complexity of the problem and the diverse interests of the respective
organizations, the parties recognize that it is incumbent upon all members of the
committee to work in a spirit of harmony and cooperation to achieve what should be
beneficial to all concerned.
ARTICLE 55 — PHYSICAL EXAMINATIONS
55.1 In order to be eligible for employment with ANAHEIM, candidates shall be required
to pass a physical examination, the character of which shall be in accordance with
standards established by the Human Resources Director.
55.2 In order to be eligible for promotion or transfer to a job classification, in a category
requiring greater physical qualification than the employee's present job classification,
an employee shall pass the appropriate physical examination.
55.3 An employee who returns to work, after an absence in excess of forty-eight
(48) consecutive working hours due to illness or physical incapacity may be required
by the Fire Chief to undergo a physical examination.
55.3.1 An employee who fails to pass a physical examination, required under the
provisions of Section 55.3 may be transferred or demoted to a position
requiring lesser physical qualifications, recommended for disability
retirement, or terminated.
55.4 All physical examinations, required under the provisions of this ARTICLE, shall be
performed by a physician in active practice licensed by California State Law and
within the scope of the physician's practice as defined by California State Law.
55.4.1 Exceptions to the provisions of Section 55.4 may be made only in the case of
out-of-state candidates for employment. In such cases, the physician
performing the examination may be a physician licensed by the state in which
the candidate resides.
55.5 ANAHEIM shall pay for any physical examination required under the provisions of
this ARTICLE.
ARTICLE 56 — EXPOSURE RECORD PROGRAM
56.1 ANAHEIM agrees to maintain an in-house Exposure Record Program.
ARTICLE 57 — FITNESS, ANNUAL MEDICAL, SUBSTANCE AWARENESS
57.1 ANAHEIM and the AFA agree that a mandatory health and wellness program shall
be maintained for the term of this MOU. Each person represented by the AFA shall
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be given an annual fitness and medical evaluation. ANAHEIM shall pay for the
evaluation.
57.1.1 Employees shall sign a disclosure form permitting the examining physician to
notify the Fire Chief, or designee, that the employee is "Fit" or "Unfit" for
duty.
57.2 A Health and Wellness Committee shall be established in the Fire Department. Three
(3) members of this committee shall be appointed by the AFA. The Fire Chief shall
appoint representatives. The purpose of this Committee shall be to research, evaluate,
and recommend health and wellness training programs, rehabilitation programs, and
equipment purchases to the Fire Chief.
57.3 After consultation with this Committee, the Fire Chief shall determine the evaluation
process and the minimum performance standards. Employee participation in health
and wellness training and rehabilitation programs is a condition of satisfactory work
performance. Employees who fail to meet the minimum standards shall be required
to participate in a rehabilitation program and correct deficiencies. The Fire Chief may
reassign employees during rehabilitation.
57.4 ANAHEIM and AFA agree that, at the option of the employee and no more often than
every other year, an employee may elect a full body scan in lieu of the annual fitness
and medical evaluation provided for in Section 57.1 subject to the following
conditions:
57.4.1 All positive outcomes must be evaluated by the employee's personal physician
to eliminate a "false positive" before an industrial claim can be submitted to
ANAHEIM.
ARTICLE 58 — MANDATORY PERMANENT MODIFIED DUTY PROGRAM
58.1 ANAHEIM and the AFA agree that the Mandatory Permanent Modified Duty
Program (as used in this ARTICLE, "PMD Program") shall be administered in
accordance with the following conditions:
58.1.1 Upon notification by an ANAHEIM approved physician (ANAHEIM may
select, at its' discretion, the employee's treating physician as an ANAHEIM
approved physician) of permanent work restrictions, and/or the permanent and
stationary status for an accepted industrial injury of an AFA safety employee
that precludes the employee from performing the full range of duties of the
employee's classification. ANAHEIM may, after conferring with the
employee, select an appropriate available PMD Program assignment.
58.1.1.1 An ANAHEIM approved physician will be provided with a
detailed job analysis of the modified duties to which the
employee will be assigned. Medical approval shall be
obtained before the employee begins these duties. If the
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physician does not approve the initial modified duties
selected, ANAHEIM may redesign the PMD Program
assignment to accommodate the employee's medical
restrictions, or select an alternate PMD Program assignment.
58.1.1.2 The employee will retain the current rank or classification
regardless of PMD Program assignment.
58.1.1.3 Any employee participating in the PMD Program may, at any
time, request to be considered for reassignment to another
PMD Program assignment.
58.1.1.4 Participation in the PMD Program will be considered return to
usual and customary occupation for purposes of vocational
rehabilitation.
58.2 Employees assigned to the PMD Program shall be compensated at their regular hourly
rate of pay including educational incentive pay and special assignment pay. Forty
(40) hour Permanent Modified Duty employees shall receive ten percent (10%) of
base pay as salary differential.
58.2.1 Employees at different rates of pay may be placed in similar PMD Program
assignments.
58.2.2 The hours worked by employees assigned to the PMD Program will be in
accordance with the provisions of ARTICLE 12 — HOURS OF WORK
AND PAY DAY.
58.3 Employees shall be assigned by the Fire Chief to PMD Program assignments in
accordance with the needs of the Fire Department and individual medical work
restrictions.
58.3.1 Any employee participating in the PMD Program shall not be upgraded to a
higher classification unless paid upgrade pay for the period assigned to those
duties.
58.4 Assignment to the PMD Program will continue unless the following occurs:
58.4.1 ANAHEIM can no longer accommodate the employee's medical work
restrictions and the employee receives a disability retirement.
58.4.2 The employee is medically released to full range of duties on a full- time basis.
58.4.3 The employee is promoted to a higher classification, in a regular position, that
the employee is medically qualified to perform.
58.4.4 ANAHEIM approves an employee generated disability retirement and retires
the employee.
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58.4.5 ANAHEIM and the AFA agree to meet and confer at such time that all the
PMD Program assignments are filled, or at least one (1) year prior to
ANAHEIM terminating the PMD Program.
58.5 Promotional opportunities will occur via the normal promotional process.
58.5.1 When an employee assigned to the PMD Program is ranked next on the
eligibility list, the employee shall be promoted to any vacant position for which
the employee is medically qualified. The Fire Chief is not required to transfer
an employee in order to promote the employee.
58.6 ANAHEIM agrees to fill up to two (2) PMD Program assignments.
58.6.1 All PMD Program assignments shall be filed in the order of importance as
identified by the Fire Chief.
58.6.2 Reassignment of safety personnel may be made as necessary to create
openings for PMD Program assignments and/or promotions when deemed
necessary by the Fire Chief.
58.7 New Participants
Any time there is a newly qualified employee eligible to participate in the PMD
Program, and there is less than the maximum number of participants in the PMD
Program, the newly qualified employee shall be admitted to the PMD Program. In
the event the program is already at the maximum number of two (2) participants, the
City will offer the option of accepting an IDR to the employee with the greatest City
of Anaheim seniority (of the three employees, the two participants in the program
and the new third newly qualified employee). The threshold limit of two (2) positions
will be maintained. In the event that the employee with the greatest city of Anaheim
seniority (of the three employees) wishes to enter the program, the City will offer the
option of accepting an IDR in the order of seniority to the two current members in
the program.
58.8 If an employee's permanent work restrictions are such that there would be better suited
to a position not identified in this ARTICLE, ANAHEIM and the AFA agree to meet
and confer.
58.9 All PMD Program assignments will be to productive work, and shall only occur when
the duties of the assignment can be modified to accommodate the permanent work
restrictions medically placed on the employee.
58.10 ANAHEIM and the AFA agree that employees working in PMD Program
assignments will be held to the same rules and regulations regarding job performance
after consideration of physical restrictions as all those employees in a safety
classification represented by the AFA.
M-e
58.11 This ARTICLE applies only to those employees in a safety classification as
designated by PERS and represented by the AFA.
58.12 ANAHEIM will, after discussion with the AFA, revise AR 2.65 to accommodate the
terms and conditions of this ARTICLE.
58.13 Employees assigned to the PMD Program, under the provisions of this ARTICLE
shall be provided with Permanent Modified Duty Program Extended Disability
benefits under the following condition:
58.13.1 Any employee who had been at work in a PMD Program assignment for all
scheduled work hours for thirty (30) consecutive calendar days shall receive
a one (1) time Permanent Modified Duty Program extended Disability
Benefit balance credit of one -thousand (1,000) hours for employees on a
forty (40) hour schedule and one thousand four hundred (1,400) hours for
employees on a fifty-six (56) hour schedule, which will be available for
medical appointment or periods of temporary disability from work due to the
medical condition for which the employee was assigned to the PMD Program
for which Labor Code 4850 benefits have been previously paid.
58.13.2 Labor Code 4850 Benefits must be exhausted prior to the utilization of
Permanent Modified Duty Program Extended Benefits.
58.13.3 Permanent Modified Duty Program Extended Disability Benefits shall be
paid at a net sixty percent (60%) of the employee's base rate of pay, after
withholding taxes less deductible benefits as identified in Section 34.3.1.
58.13.4 An employee shall have one (1) hour deducted from the employee's
Permanent Modified Duty Program Extended Disability Benefit balance for
each hour of such leave taken. The minimum amount of Permanent Modified
Duty Program Extended Disability Benefit leave that may be taken at any
given time shall be one (1) hour.
58.13.5 Eligibility to use the Permanent Modified Duty Program Extended Disability
Benefit must be supported by a physician's certification certifying the need
for the employee to remain off work and indicating the medical condition(s)
which caused the necessity. All eligibility for utilization of Permanent
Modified Duty Program Extended Disability Benefit is subject to review by
a physician selected by ANAHEIM. Failure to promptly provide a
physician's certification during any period of absence may result in denial of
benefits.
58.14 Disputes arising out of this ARTICLE are subject to the Grievance Procedure.
ARTICLE 59 — SAFETY COMMITTEE
59.1 ANAHEIM and the AFA agree that a Safety Committee shall be established in the
Fire Department. ANAHEIM and the AFA agree that one-half (1/2) of the
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membership of the Safety Committee shall be employees elected by non -supervisory
employees. The Safety Committee shall be composed of employees in classifications
established by the Fire Chief.
ARTICLE 60 — FITNESS FOR DUTY
60.1 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.
60.2 When, in the judgment of a manager or supervisor, an employee is "unfit" to safely
perform assigned duties as evidenced by a serious and significant deviation from the
employee's normal fitness, the manager or supervisor shall remove the unfit employee
from the workplace in accordance with regulations established by ANAHEIM.
60.3 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 they are "unfit" to safely perform assigned duties due to a
serious and significant deviation from their normal fitness for duty, 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.
60.4 ANAHEIM may, at the discretion of the Fire Chief, require any employee judged unfit
for duty in accordance with Section 60.2 above to undergo a fitness for duty
assessment performed by a licensed physician, or licensed psychiatrist or
psychologist.
60.5 Any employee judged unfit for duty in accordance with Section 60.2 above will 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 discipline, up to and including termination.
ARTICLE 61 — FITNESS FOR DUTY ASSESSMENTS
61.1 An employee who is judged by a manager or supervisor to be "unfit" to safely perform
assigned duties in accordance with ARTICLE 60 — FITNESS FOR DUTY may be
required, at the discretion of the Fire Chief, to undergo a fitness for duty assessment.
61.2 Employee in classifications listed in Appendix "B" may be placed on Administrative
Leave With Pay at the discretion of Fire Department management with the
concurrence of the Anaheim City Manager under the following circumstances:
61.2.1 Employees judged by a manager or supervisor to be "unfit" in accordance with
Section 60.3 and required to undergo a fitness for duty assessment shall be
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eligible to receive Administrative Leave with Pay for all hours regularly
scheduled to work from the day an employee is judged unfit to the day a fitness
for duty assessment is received by the Fire Department.
61.2.2 Employees judged "unfit" for duty as the result of a physical examination or
annual fitness and medical evaluation conducted in accordance with Section
57.1 shall not be eligible for Administrative Leave with Pay and shall be
subject to the provisions of Section 57.3.
61.3 An employee found to be unfit for duty as a result of a fitness for duty assessment
shall be deemed eligible for Paid Leave or Sick Leave, and Short Term Disability
Benefits in accordance with Section 34.3 for forty (40) hour employees and in
accordance with Section 36.14, for fifty-six (56) hour employees. 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.
61.4 At the discretion of the Fire Chief, 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.
ARTICLE 62 — DRUG AND ALCOHOL TESTING BASED ON REASONABLE
SUSPICION
62.1 It is critical to the public health and welfare and to employee safety to ensure a drug
and alcohol free work environment. No employee shall report to work while under
the influence of drugs or alcohol, nor shall any employee possess, use, or consume
alcohol or illegal drugs while on City time or on City property, or when there is a
reasonable expectation of being called to duty. No employee shall report to work or
remain on duty while the employee's ability to perform job duties is impaired due to
alcohol, controlled substances, or non-prescription medications, whether such use was
on duty or off duty.
62.2 Employees taking drugs prescribed by an attending physician must advise their direct
supervisor, before beginning work, of possible side effects of such drugs which could
interfere with the safe and effective performance of duties or operation of equipment.
Clearance from a qualified physician designated by the City may be required if there
is a question regarding an employee's ability to safely and effectively perform
assigned duties while using such drugs.
62.3 Employees reasonably believed to be under the influence of alcohol or drugs shall be
prevented from engaging in further work and shall, for safety purposes, be provided
transportation from the work site as appropriate.
62.3.1 The term "drugs" as used in Section 62.1 shall mean those substances which
are included in Schedules I through V of the Controlled Substances Act, 21
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U.S.C. Sec. 812 and/or in Schedules in I through V of Chapter 2 of the
California Health and Safety Code, commencing with Section 11050, as the
same may now exist or hereinafter be amended.
62.3.2 The term "illegal drugs" as used in Section 62.1 shall mean all drugs other than
medications lawfully prescribed by a licensed attending physician for the
person in possession of the medication or medications that can be lawfully
purchased without a prescription.
62.3.3 The term "reasonable suspicion" as used in Section 62.1 is a belief based on
objective facts and reasonable inferences drawn from those facts in light of
experience, sufficient to lead a reasonably prudent person to suspect that an
employee is under the influence of drugs or alcohol.
62.3.4 The term "under the influence" as used in Section 62.1 means the employee's
ability to perform the functions of the job is impaired or that the employee's
ability to perform the job safely is reduced due to the consumption or use of
drugs or alcohol.
62.4 Managers and supervisors may request and, if necessary, subsequently order upon
concurrence of a second level of supervisor, that an employee submit to a drug and/or
alcohol screening when a manager or supervisor has reasonable suspicion that an
employee is under the influence of illegal drugs or alcohol while at a work location,
while on the job or when reporting for duty. Employees shall authorize the City's
medical provider and laboratory to take samples for screening and to release the
results of the screening to the City.
62.4.1 An employee who refuses an order to submit to a drug and/or alcohol
screening, or to authorize the taking of a sample, or to authorize the release of
the results of the screening to the City, or engages in conduct that clearly
obstructs the testing process shall be subject to disciplinary action, up to and
including dismissal.
62.5 All alcohol or controlled substances testing shall comply with the procedures set
forth in the Federal Motor Carrier Safety Regulations Title 49 — Transportation,
Chapter Ill — Federal Highway Administration Department of Transportation,
Subtitle A — Office of the Secretary of Transportation, Part 40 (Procedures for
Transportation Workplace Drug and Alcohol Testing Programs.)
62.5.1 A positive result from a drug and/or alcohol screening may result in
disciplinary action, up to and including dismissal.
62.5.2 If the drug screen is positive, the employee must provide, within 24 hours of
request, bona fide verification of a valid current prescription in the employee's
name for the drug identified in the drug screen. If the employee does not
provide acceptable verification of a valid prescription, or if the prescription is
not in the employee's name, or if the employee has not
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previously notified the employee's supervisor pursuant to Section 62.2, the
employee may be subject to disciplinary action, up to and including dismissal.
62.6 An employee who has had a positive result from a drug and/or alcohol screening shall
undergo a return -to -duty drug and/or alcohol screening and will not be returned to
duty unless there is a verified negative result for controlled substances or an alcohol
concentration of less than 0.02.
62.7 Information obtained under the provisions of this ARTICLE and the attendant
regulations, policies, and procedures shall be held strictly confidential.
62.7.1 The drug and/or alcohol screening results will be retained with medical
examination results in a separate location in compliance with the
confidentiality of Medical Information Act, California Civil Code Section 56,
et seq.
62.7.2 The reports or test results may be disclosed to City Management on a strictly
need -to -know basis and to the tested employee upon request.
62.7.3 Disclosures, without patient consent, may also occur when: (1) the information
is compelled by law or by judicial or administrative process; (2) the
information has been placed at issue in a formal dispute between the employer
and employee; (3) the information is to be used in administering an employee
benefit plan; (4) the information is needed by medical personnel for the
diagnosis or treatment of a patient who is unable to authorize disclosure.
ARTICLE 63 — NO STRIKE
63.1 The AFA agrees that under the terms of this MOU, the AFA and/or its members shall
not conduct any strikes, slowdowns, or other work stoppages against ANAHEIM, or
to withdraw from assignments to standby duty during any grievance or dispute which
may arise out of the application or interpretation of the terns and conditions of the
MOU or any matter subject to review through the grievance procedure.
ARTICLE 64 — DISCUSSION
64.1 It is the intent of both parties to maintain an open line of communication for the
betterment of employer -employee relations. Any issue not pertaining to grievances
or grievable issues may be discussed by the AFA or ANAHEIM at either party's
request.
64.2 If the discussion process results in an agreement between the City Management
Representative and AFA to amend this MOU, such agreement shall be incorporated
in a written Letter of Understanding, signed by the City Management Representative
and AFA representatives. The matters incorporated in the Letter of Understanding
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shall be presented to the City Council, or its statutory representative, for
determination.
ARTICLE 65 — OPERATIONAL POLICIES
65.1 ANAHEIM shall provide a minimum of thirty (30) calendar days' written notice to
the AFA of its intent to enact or modify a departmental policy or work rule affecting
employees in classifications listed in Appendix "B" of this MOU. The AFA shall
have the right to review and respond to ANAHEIM's intentions during this thirty (30)
day period.
ARTICLE 66 — CONSTRUCTION
66.1 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.) as
amended in 1982.
ARTICLE 67 — SAVINGS CLAUSE
67.1 The resolution of ANAHEIM shall provide that if any provision of this MOU or the
resolution is at any time, or in any way, held to be contrary to any law by any court of
proper jurisdiction, the remainder of this MOU and the remainder of the resolution
shall not be affected thereby, and shall remain in full force and effect.
ARTICLE 68 — DURATION
68.1 The terms of this Memorandum are to remain in full force and effect through June 19,
2025. Upon adoption of a resolution approving this Memorandum and the terms hereof
by the City Council of ANAHEIM, this Memorandum shall be in full force and effect as
of the 24t" day of June 2022.
STAFF OFFICIALS OF THE CITY OF ANAHEIM ANAHEIM FIREFIGHTERS ASSOCIATION
a Municipal Corporation LOc �T Bonn
By: By:
By:
0
IN
By. ' f
F3 t
0
m
Dated: C� ad-d—
67
APPENDIX "A" — SPECIAL PROVISIONS
A.1 ANAHEIM shall not, during the term of this Agreement, remove Specialty
Assignment Pay (Training Company, Paramedic, Hazardous Materials, Fire/Arson
Investigation, and Urban Search & Rescue) from any employee who receives such
pay as of July 1, 2009, unless such removal is for cause.
A.2 ANAHEIM shall make no unilateral changes to operational policies Lexipol Policy
214 Suppression Staffing or to Lexipol Policy 1002 Method of Assignment and
Transfer during the term of this Agreement.
A.3 ANAHEIM agrees to provide up to two -hundred thousand dollars ($200,000) per
fiscal year to provide and pay for specialty, certifications and credentialing, and/or
educational training, including reimbursement of up to one thousand dollars
($1,000) per employee per fiscal year for tuition, books, or materials for specialty,
certifications and credentialing, and/or degree courses pre -approved by the Fire
Chief.
If there is a remaining balance by June lst of each fiscal year, the Fire Chief has the
discretion to approved additional reimbursements on a pro -rats basis for eligible
reimbursement requests not to exceed four thousand dollars ($4,000) per employee
until the allocation is exhausted or the end of the fiscal year, whichever occurs first.
A.4 The parties agree to establish a working group to discuss the process of reconciling
adjusted hours (ARTICLE 13). The AFA and ANAHEIM may have up to three (3)
representatives on each side participate in the working group. Upon reaching
mutual agreement, the working group shall present its recommendation to the AFA
and ANAHEIM in the form of a Letter of Understanding that shall be implemented
upon final approval.
A.5 Effective June 24, 2022, ANAHEIM shall provide a base salary increase of three
and one-half percent (3.5%).
A.6 Effective June 23, 2023, ANAHEIM shall provide a base salary increase of three
and one-half percent (3.5%).
A.7 Effective June 21, 2024, ANAHEIM shall provide a base salary increase of three
and one-half percent (3.5%).
A.8 Effective the first pay period following City Council adoption of this MOU,
ANAHEIM shall provide each member of the Association employed on the first
day of the pay period a one-time, lump sum of five -thousand dollars ($5,000). The
parties agree that this lump sum payment is not compensation earnable and will not
be reported to Ca1PERS as it is provided in the same year as a salary increase.
68
A.9 Non -substantive revisions to republish the information contained in Appendix `B"
-Wages to comply with the requirements of California Code of Regulations Section
570.5 may be made only after notification to AFA.
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APPENDIX "C" - POST -RETIREMENT MEDICAL BENEFITS
PERCENTAGE OF PREMIUM COSTS
50 51 52 53 54 55 56 57 58 59
2.00% 2.14% 2.28% 2.42% 2.56% 2.70% 2.70% 2.70% 2.70% 2.70%
24.000% 25.680% 27.360% 29.040% 30.720% 32.400% 32.400% 32.400% 32.400% 32.400%
26.400% 28.248% 30.096% 31.944% 33.792% 35.640% 35.640% 35.640% 35.640% 35.640%
28.800% 30.816% 32.832% 34.848% 36.864% 38.880% 38.880% 38.880% 38.880% 38.880%
31.200% 33.384% 35.568% 37.752% 39.936% 42.120% 42.120% 42.120% 42.120% 42.120%
33.600% 35.952% 38.304% 40.656% 43.008% 45.360% 45.360% 45.360% 45.360% 45.360%
36.000% 38.520% 41.040% 43.560% 46.080% 48.600% 48.600% 48.600% 48.600% 48.600%
38.400% 41.088% 43.776% 46.464% 49.152% 51.840% 51.840% 51.840% 51.840% 51.840%
40.800% 43.656% 46.512% 49.368% 52.224% 55.080% 55.080% 55.080% 55.080% 55.080%
43.200% 46.224% 49.248% 52.272% 55.296% 58.320% 58.320% 58.320% 58.320% 58.320%
45.600% 48.792% 51.984% 55.176% 58.368% 61.560% 61.560% 61.560% 61.560% 61.560%
48.000% 51.360% 54.720% 58.080% 61.440% 64.800% 64.800% 64.800% 64.800% 64.800%
50.400% 53.928% 57.456% 60.984% 64.512% 68.040% 68.040% 68.040% 68.040% 68.040%
52.800% 56.496% 60.192% 63.888% 67.584% 71.280% 71.280% 71.280% 71.280% 71.280%
55.200% 59.064% 62.928% 66.792% 70.656% 74.520% 74.520% 74.520% 74.520% 74.520%
57.600% 61.632% 65.664% 69.696% 73.728% 77.760% 77.760% 77.760% 77.760% 77.760%
60.000% 64.200% 68.400% 72.600% 76.800% 81.000% 81.000% 81.000% 81.000% 81.000%
62.400% 66.768% 71.136% 75.504% 79.872% 84.240% 84.240% 84.240% 84.240% 84.240%
64.800% 69.336% 73.872% 78.408% 82.944% 87.480% 87.480% 87.480% 87.480% 87.480%
67.200% 71.904% 76.608% 81.312% 86.016% 90.720% 90.720% 90.720% 90.720% 90.720%
69.600% 74.472% 79.344% 84.216% 89.088% 93.960% 93.960% 93.960% 93.960% 93.960%
72.000% 77.040% 82.080% 87.120% 92.160% J5.000% §5.000%/0' J5.000% §5.000%/05.000%/0
74.400% 79.608% 84.816% 90.024% V5.000%/0 i 95.000% i 95.000%, 95.000%11 95.000%, 95.000%/
76.800% 82.176% 87.552% 92.928% 05.000%/0; 05.000%/0 95.000%/oi 95.000%/0; 05.000%/0', 95.000%/0
79.200% 84.744% 90.288% §5.000%/0; 95.000%/01 95.000% 95.000%/01, 95.000%/0; 95.000%41 95.000%ii
81.600% 87.312% 93.024% 95.000%/0. 95.000%/0; 95.000%/0! 95.000%11 95.000%/0; 95.000% i 5.000%/0.
84.000% 89.880% §5.000%/oi 95.000%/0, 05.000%i 95.000%; 95.000% 95.000%/0; 95.000W 95.000%/0.
86.400% 92.448% 95.000%/0 95.000%/0, 95.000%; 95.000%95.000% 95.000%/0, 95.000%/0; 95.000%!
88.800% �5.000%/0; 05.000%, 95.000W 95.000%/oi 95.000%/0l 95.000%/oi 95.000%/0: 95.000%/ 95.000% 1
91.200% 95.000%/0; 95.000%/oi 95.000%% 95.000%/0, 95.000%/0', 95.000%/oi 95.000%/0 95.000%/0 95.000%/0
93.600% 95.000% 95.000% 95.000%; 95.000%/0! 05.000%, 95.000%i 95.000%/0, 95.000W 95.000%/0
95.000%_ 95.000%/0, %5.000%] 95.000% �5.000%/0 95.000%/o- �5.000% 95.000%/0 L95.000%/0! P5.000%/0
73
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. 2022-135 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 15th day of November, 2022 by the following vote of the members thereof:
AYES: Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia
and Faessel
NOES: None
ABSTAIN: None
ABSENT: None
[Mayoral vacancy]
IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of November. 2022.
r
CITY C ERK OF THE CITY OF NAHEIM
(SEAL)