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RES-2023-073RESOLUTION NO. 2023 - 0 7 3 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 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 47, PROFESSIONAL MANAGEMENT UNIT AND PART-TIME MANAGEMENT UNIT WHEREAS, Chapter 1.06 of the Anaheim Municipal Code establishes the employer -employee relations system for the City; and WHEREAS, Chapter 1.06, Section 1.06.100 requires 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 International Brotherhood of Electrical Workers, Local 47, Professional Management Unit and Part -Time Management Unit ("IBEW"), adopted by Resolution No. 2020-006, expired January 19, 2023; 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 IBEW, executed on August 23, 2023, 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 IBEW and the City of Anaheim executed by the City Management Representative and the IBEW on August 23, 2023, as set forth in the document attached hereto and incorporated by reference herein, be and the same is hereby adopted and that the effective date of such Memorandum of Understanding shall be January 20, 2023 through January 16, 2026. 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 BE IT FURTHER RESOLVED that Resolution No. 2020-006 is hereby superseded effective September 1, 2023. // THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this �— day of August 2023, by the following roll call vote: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Lean, Kurtz, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None CITY ANAHEIM OR OF T[ iT-1Y OF ANAHEIM ATTEST: CGAL—�'— CITY CLERK OF THE CITY OF ANAHEIM MEMORANDUM OF UNDERSTANDING between the INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 47 PROFESSIONAL MANAGEMENT UNIT & PART-TIME MANAGEMENT UNIT and the CITY OF ANAHEIM January 20, 2023 through January 16, 2026 TABLE OF CONTENTS ARTICLE 1- PREAMBLE.........................................................................................................1 ARTICLE 2-RECOGNITION...................................................................................................1 ARTICLE 3-EMPLOYEE RIGHTS............................................................................................1 ARTICLE 4-MANAGEMENT RIGHTS.....................................................................................2 ARTICLE5-NOTIFICATION...................................................................................................2 ARTICLE6-CONSULTATION.................................................................................................3 ARTICLE7-CHECK-OFF........................................................................................................3 ARTICLE 8-SALARY ADMINISTRATION................................................................................3 ARTICLE 9-HOURS OF WORK AND PAYDAY........................................................................7 ARTICLE10--PREMIUM PAY..................................................................................................8 ARTICLE 11-APPOINTMENTS AND PROMOTIONS............................................................10 ARTICLE 12-PROBATION...................................................................................................13 ARTICLE 13-SALARY REDUCTION, SUSPENSION, DEMOTION, AND DISMISSAL...............15 ARTICLE 14-LAYOFF, REASSIGNMENT, AND REEMPLOYMENT........................................17 ARTICLE 15-REINSTATEMENT...........................................................................................19 ARTICLE 16-VOLUNTARY DEMOTION...............................................................................20 ARTICLE17--TRANSFER.......................................................................................................20 ARTICLE18-HOLIDAYS......................................................................................................21 ARTICLE 19-VACATION.....................................................................................................22 ARTICLE 20-SICK LEAVE.................................................................................................... 25 ARTICLE 21-INDUSTRIAL ACCIDENT LEAVE......................................................................30 ARTICLE 22-BEREAVEMENT LEAVE...................................................................................31 ARTICLE 23-MILITARY LEAVE............................................................................................32 ARTICLE 24-JURY DUTY AND COURT APPEARANCES.......................................................32 ARTICLE 25-LEAVE WITHOUT PAY....................................................................................33 ARTICLE 26-INSURANCE AND PENSIONS..........................................................................34 ii ARTICLE 27-POST RETIREMENT MEDICAL BENEFITS........................................................38 ARTICLE 28-MISCELLANEOUS BENEFITS AND SERVICE AWARDS.....................................41 ARTICLE 29-PAYROLL DEDUCTIONS.................................................................................41 ARTICLE 30-EMPLOYMENT MEDICAL AND PHYSICAL EXAMINATIONS ............................42 ARTICLE 31-GRIEVANCE PROCEDURE..............................................................................43 ARTICLE 32-ADMINISTRATIVE LEAVE...............................................................................47 ARTICLE 33-PERSONAL PROTECTIVE EQUIPMENT...........................................................48 ARTICLE 34- PERSONNEL FILES..........................................................................................48 ARTICLE 35-PROFESSIONAL EDUCATION AND LICENSES.................................................49 ARTICLE 36-TRAVEL AND MILEAGE REIMBURSEMENT....................................................49 ARTICLE37-NO STRIKE.....................................................................................................49 ARTICLE 38-CONSTRUCTION............................................................................................ 50 ARTICLE 39-SAVINGS CLAUSE...........................................................................................50 ARTICLE40-DURATION.....................................................................................................51 APPENDIX "A" - BARGAINING UNIT CLASSIFICATIONS......................................................52 APPENDIX „B„ - SPECIAL PROVISIONS............................................................................... 53 APPENDIX„C„ - WAGES..................................................................................................... 54 ARTICLE 1— PREAMBLE 1.1 The wages, hours, and other terms and conditions of employment within the lawful scope of representation of the International Brotherhood of Electrical Workers, Local 47, Professional Management Unit and Part -Time Management Unit (hereinafter, collectively called "UNION" ) have been agreed upon by representatives of the UNION and staff officials of City of Anaheim (hereinafter called "ANAHEIM") and shall apply to all employees of ANAHEIM working in classifications set forth in Appendix "A" (IBEW, Local 47 Professional Management and IBEW, Local 47 Part - Time Management bargaining unit classifications). Notwithstanding the foregoing, references to part-time employees in this Memorandum of Understanding ("MOU") specifically refer to classifications within the IBEW, Local 47 Part -Time Management bargaining unit, as set forth in Appendix "A". References to full-time employees in this MOU specifically refer to classifications within the IBEW, Local 47 Professional Management bargaining unit, as set forth in Appendix "A". The UNION 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 terms and conditions of employment, as set forth herein, be approved pursuant to California Government Code §3505.L ARTICLE 2—RECOGNITION 2.1 ANAHEIM hereby recognizes the UNION 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 UNION shall be kept fully informed and have the right to be present at all such meetings between ANAHEIM and the individual. ARTICLE 3—EMPLOYEE RIGHTS 3.1 Employees shall have all rights granted to public employees under California law. Employees shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer -employee relations. Employees also have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with ANAHEIM. No employee shall be interfered with, intimidated, restrained, coerced, or discriminated against by ANAHEIM or by any employee organization because of his exercise of these rights. ARTICLE 4—MANAGEMENT RIGHTS 4.1 Management retains, exclusively, all its inherent rights, functions, duties, and responsibilities except where specifically limited in this document. The rights of management include, but are not limited to, the exclusive right to consider the merits, necessity, or organization of any service or activity provided by law or administrative order; determine the mission of its constituent departments, commissions, and boards; set standards of service and performance; determine the procedures and standards of selection for employment, training, and promotion; direct its employees; establish work schedules and work assignments; evaluate employee performance; take disciplinary action; relieve its employees from duty because of lack of work or other legitimate reasons; maintain the efficiency of ANAHEIM's operations; determine the methods, means, and personnel by which ANAHEIM's operations are to be conducted; classify and reclassify positions; determine the content of job classifications; contract out work and transfer work into or out of the unit; take all necessary action to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. 4.2 The exercise of the forgoing powers, rights, authority, duties and responsibilities by management; the adoption of policies, rules, regulations and practices in furtherance thereof; and the use of judgment and discretion in connection therewith, shall be limited only by the law and by the specific and express terms of this Memorandum of Understanding ("MOU"), and then only to the extent such specific and express terms are in conformance with the law. 4.3 ANAHEIM agrees to notify the UNION of possible contracting out of City work or services if such contracting out will have a significant long-term impact on work performed by employees in classifications represented by the UNION. Such notification will be given before a decision to contract out is made and the UNION will have an opportunity to comment prior to a determination by ANAHEIM to enter into contracting arrangements. ARTICLE 5—NOTIFICATION 5.1 Reasonable written notice shall be given by the City Management Representative to the UNION of any proposed ordinance, resolution, rule, or regulation directly relating to matters within the scope of representation to be presented to the Anaheim City Council for determination, and the UNION shall be given the opportunity to meet with the City Management Representative prior to submission to the City Council for determination. 2 5.2 In cases of emergency when the Anaheim City Council determines that an ordinance, resolution, rule or regulation must be adopted immediately without prior notice or meeting with the UNION, the City Management Representative shall provide such notice at the earliest practicable time following the adoption of such ordinance, resolution, rule, or regulation. ARTICLE 6—CONSULTATION 6.1 The City Management Representative, after consultation in good faith with representatives of the UNION, may recommend adoption of reasonable rules and regulations for the administration of employer -employee relations. The City Management Representative shall consult in good faith with representatives of the UNION on employer -employee relations matters which affect them, including those that are not subject to meeting and conferring. ARTICLE 7—CHECK-OFF 7.1 ANAHEIM agrees to check -off for the payment of the regular monthly UNION dues and to deduct such payments from the wages of all UNION members when authorized to do so by UNION, and remit such payments to the UNION in accordance with the terms of signed authorizations of such members. The deduction of such dues and the remittal of same by ANAHEIM to the UNION shall constitute payment of said dues and initiation fees by such members of the UNION. 7.2 UNION agrees to fully indemnify and defend ANAHEIM and its officers, employees, and agents against any and all claims, proceedings, and liability arising, directly or indirectly, out of any action taken or not taken by or on behalf of ANAHEIM under this ARTICLE. 7.3. Any dispute regarding ANAHEIM's performance of its obligations under this Article shall be subject to the grievance procedure in Article 31. ARTICLE 8—SALARY ADMINISTRATION 8.1 Purpose 8.1.1 The purpose of this ARTICLE is to maintain a compensation program that will attract and retain qualified employees at all levels of responsibility. Employee compensation shall be externally competitive and internally consistent and fair. In addition, the salary structure shall provide the flexibility required (based upon availability of funds) to reward employees on the basis of individual performance and contribution. Employees shall be paid a salary or wage within the classification range established by salary resolution(s) 3 recommended by the Human Resources Director and approved by the City Council. 8.2 General 8.2.1 Part-time employees are compensated based on an hourly rate and full-time employees are compensated based on an annual salary rate. Employees shall be assigned to a classification in which the pay rate is an amount within a specified salary range. 8.2.2 An employee's placement within a salary range is referred to as the employee's compa-ratio, which is determined by dividing the employee's rate of pay into the market point of the applicable salary range. The frequency and amount of increases is partially dependent upon the employee's compa-ratio. 8.3 New Hires 8.3.1 Salary offers shall be between the "Minimum" and "Market" of the applicable salary range and shall reflect the prospective employee's experience and qualifications. Employees hired at the Minimum are presumed to be qualified to perform the duties and responsibilities of the job classification into which they are hired. If external considerations require hiring an employee at a higher rate, the Human Resources Director may recommend a rate above the Market of the salary range to the City Manager. Under no circumstances may the salary offer exceed the "Control Point." 8.3.1.1 New employees shall be paid at no less than the Minimum of the salary range. New employees may be hired above the Minimum of the range only if they possess experience, education, and/or qualifications that exceed the minimum standards established for the position. 8.3.1.2 As set forth in ARTICLE 19 — VACATION, the Human Resources Director may approve a one-time crediting of a vacation time bank and/or may approve an increase in service credits for vacation accrual rates for new hires. 8.4 Merit Increases 8.4.1 Employees are eligible for individual merit increases in accordance with the current "Merit Matrix" within their pay range effective on the first (1 st) day of the pay period following their merit review date. Merit increases are not 4 automatically granted. Employees may be determined to be ineligible to receive a merit increase based upon their overall performance rating as stated in the employee's Performance Review Plan. 8.4.2 The City Manager shall determine the Merit Matrix each fiscal year based upon the City's financial condition, the City's ability to pay, market conditions, and any other factors the City Manager may deem appropriate. 8.4.3 Merit increases shall be based upon an employee's overall performance rating as demonstrated in the Performance Review Plan and in accordance with the Merit Matrix. The employee's Executive Manager shall certify an employee's overall rating to the Human Resources Director for implementation of a merit increase. 8.4.4 Employees are eligible for individual merit increases within their pay range effective on the first (1st) day of the pay period following their merit review date. Compa-ratio between 80.00%-99.99% Compa-ratio at or above 100.00% Once every six (6) months until attaining a compa-ratio of 100.00%. Once every twelve (12) months 8.4.5 An employee shall be eligible to receive a merit increase as follows: 8.4.5.1 An increase to a compa-ratio of up to 120.00% shall be paid to the employee's base salary. 8.4.5.2 Any portion of a merit increase that would result in a compa-ratio exceeding one -hundred -twenty percent (120%) shall be paid as a lump sum payment. Base salaries shall not exceed one -hundred twenty percent (120%) compa-ratio. 8.4.5.3 Lump sum payments are not added to the employee's base pay and are not used in determining highest year compensation for the California Public Employee's Retirement System (hereinafter, "Ca1PERS") or for any leave bank payoffs. 8.5 Special Adjustments 8.5.1 Employees may be eligible for a special salary adjustment, as approved by the City Manager, with the recommendation of the Human Resources Director. Requests for special salary and equity adjustments must be submitted in writing to the Human Resources Director; state the rationale for special salary adjustment; and be signed by the employee's Executive Manager. Salary and equity adjustments must be supported in writing and shall only be granted to address significant variances unrelated to tenure or performance among employees in the same or similar job classification. 8.6 Salary Structure Adjustments 8.6.1 Salary ranges are adjusted from time to time to ensure pay remains competitive and the City continues to attract and retain highly qualified employees. At the time of a salary structure adjustment, employees may be provided a pay adjustment in an amount equal to the structure adjustments. These adjustments shall require a performance rating of Valued Contributor or better during the employee's previous rating period. 8.6.1.1 For an employee with a performance rating of less than Valued Contributor, the Executive Manager may deny the structure adjustment, grant a portion of the adjustment or postpone the adjustment for up to six (6) months to allow for reassessment of the employee's performance. If a merit, review is due to an employee during the time of the delayed structure adjustment, the merit review date shall be extended for the same amount of time. At the conclusion of the reassessment period, the Executive Manager shall deny an increase or grant all/or a portion of the structure adjustment. 8.7 Reclassification 8.7.1 An incumbent who is reclassified to a job classification at a higher range shall be placed at the Minimum of the new range or at a rate in the range which provides a ten percent (10%) base pay increase, provided the rate does not exceed a compa-ratio of 105.00%. If a ten percent (10%) base increase places the employee's salary beyond the 105.00% compa-ratio, the employee shall receive a minimum of five percent (5%) increase or an increase between five percent (5%) and ten percent (10%) in order to bring the employee to 105.00% compa-ratio; however, in no case shall the employee's salary exceed the Control Point. The employee shall be given a new merit review date in accordance with ARTICLE 8.4. 8.7.2 An incumbent who is reclassified to a job classification with no change in range shall retain the same rate of pay and merit review date. 0 8.7.3 An incumbent who is reclassified to a job classification at a lower range shall retain the same rate of pay in the new range. If the current rate is higher than the new range Control Point, the employee's pay rate shall be frozen until such time as the Control Point of the range for the position exceeds the employee's rate of pay. 8.7.4 An incumbent who is reclassified does not begin a new probationary period. ARTICLE 9—HOURS OF WORK AND PAYDAY 9.1 Work Week, Determination of Rate of Pay and Exemption from Overtime 9.1.1 The average regular work week for full-time employees shall be forty (40) hours. Part-time employees do not have an average regular work week; their hours of work are not guaranteed. 9.1.1.1 For all full-time employees with an average regular work week of forty (40) hours, the monthly rate shall be the annual rate divided by twelve (12). 9.1.1.2 Part-time employees shall be paid at an hourly rate, which shall be calculated by dividing the annual rate of the same position by 2080 hours —The City agrees to comply with the Fair Labor Standards Act (FLSA) for part-time employees. 9.1.2 Full-time employees in this unit are exempt from overtime under the Fair Labor Standards Act ("FLSA") due to the nature of their duties. Employees are expected to work the hours necessary to complete the requirements of their positions. All pay, discipline, and leave provisions will be administered consistent with FLSA requirements for exempt positions. 9.2 Alternative Work Schedules 9.2.1 In certain instances alternatives to the traditional work schedule may be appropriate. Such schedules may be implemented under the following guidelines: 9.2.1.1 Such schedules may be implemented at the request of the employee subject to City approval or by management when it is determined that a non-traditional work schedule serves the public interest. 7 9.2.1.2 Alternate work schedules shall not reduce service to the public. 9.2.1.3 Alternate schedules approved at the request of the employee may be adjusted or revoked by either party upon adequate notice to the other party. For purposes of this provision "adequate notice' means at least one (1) full pay period. 9.2.1.4 Alternate work schedules implemented by management may be revoked by the City upon adequate notice to all affected employees. For purposes of this provision "adequate notice" means at least one (1) full pay period. 9.2.1.5 Employees may be assigned to or revoked from an alternate work schedule only effective at the beginning of a biweekly pay period. 9.3 Pay Days 9.3.1 Regular salaries and compensation of employees shall be paid on a biweekly basis. 9.3.2 All holiday, vacation, and sick leave payments shall be at the employee's regular rate of pay. ARTICLE 10--PREMIUM PAY 10.1 This ARTICLE establishes the conditions under which various premium payments are added to an employees' base salary. Premium payments authorized by this ARTICLE are intended to ensure the City's compliance with state and federal labor law, and to support the City in its efforts to attract and retain highly qualified employees. 10.2 Standby 10.2.1 Certain employees may be paid "Management Standby Pay" based upon the recommendation of the Human Resources Director and the appropriate Executive Manager with approval of the City Manager. 10.2.1.1 Standby Pay will be two hundred twenty-five dollars ($225) per a seven (7) consecutive day standby assignment as determined by the Human Resources Director. 10.2.1.2 Standby pay eligibility will be evaluated on an individual basis. 10.3 Temporary Upgrade 8 10.3.1 An employee temporarily upgraded to another job class at a higher salary range shall receive a seven and one-half percent (7.5%) base pay differential if they are assigned to work in the higher classification for a minimum of one (1) complete work shift, except as noted below. 10.3.2 An employee assigned to a single temporary upgrade assignment for more than twenty-nine (29) consecutive work shifts, shall receive a ten percent (10.0%) base pay differential each consecutive day after twenty-nine (29) in the temporary upgrade assignment. 10.3.2 Employees temporarily upgraded under this ARTICLE must be qualified for the higher classification and must also be responsible for the full range of duties assigned to the higher level classification in order to be paid for the upgrade. The determination of those persons qualified to work in higher rated classifications shall be made by the City. 10.3.3 Upgrade pay is not available for Executive positions. Temporary coverage for such positions shall be in accordance with ARTICLE 11.4 and shall require pre -approval of the City Manager. 10.4 Bilingual Pay 10.4.1 Full-time employees required to speak in Spanish or other languages, as well as English, as part of the regular duties of their position will be compensated at a rate of ninety ($90) per pay period, in addition to their regular pay. Full- time employees required to speak and read or write in Spanish or other languages, as well as English, as part of the regular duties of their position, will be compensated at a rate of one -hundred ten dollars ($110) per pay period, in addition to their regular pay. Employees on Short -Term Disability ("STD") or Leave Without Pay for over forty (40) hours in a pay period shall not receive bilingual pay. 10.4.1.1 The appropriate Executive Manager shall designate which positions shall be assigned bilingual duties and which language shall be eligible for bilingual pay. 10.4.1.2 The Human Resources Department shall conduct a competency test for employees whose positions have been assigned bilingual duties to certify these employees are eligible for bilingual pay. However, where operating departments have authorized bilingual certifiers, they may conduct their own bilingual competency testing and notify the Human Resources Director of such results. 0 10.4.1.3 The effective date of bilingual pay certification shall be the first (1st) day of the pay period following the passing of the bilingual test by the employee as provided in ARTICLE 10.4.1.2. Bilingual pay eligibility shall continue in accordance with the provisions in ARTICLE 10.4 during any period of leave with pay. 10.4.1.4 Bilingual pay eligibility shall continue only as long as the employee's Executive Manager affirms an ongoing need for the bilingual duties, and only so long as the employee demonstrates continuing competency through a proficiency examination at intervals deemed appropriate by the Human Resources Department. ARTICLE 11—APPOINTMENTS AND PROMOTIONS 11.1 Promotional Recruitment 11.1.1 Except as expressly provided in this ARTICLE, all promotions shall be on a competitive basis. 11.1.2 At such times as the "Appointing Authority," with concurrence of the Human Resources Director, determines that it is in the best interests of the City to promote from within, promotions shall be on a competitive basis except when the Human Resources Director finds that the number of employees qualified for promotion is insufficient to justify competition. 11.2 Promotion Without Competition 11.2.1 An employee may be promoted without qualifying through the competitive process when such an employee is in a classification with a recognized career progression (e.g., from SCADA Systems Analyst I to SCADA Systems Analyst 11), or when the Human Resources Director determines that the number of employees qualified for promotion is insufficient to justify competition. 11.2.2 When the position is one with a recognized career progression, the employee's Executive Manager need only notify the Human Resources Director, in writing, that the employee meets all of the minimum requirements for the higher level position. 11.2.3 When the Human Resources Director determines that that the number of employees qualified for promotion is insufficient to justify competition, the Executive Manager of the department with the vacancy shall informally solicit 10 interest among current employees; discuss the position and its requirements with all qualified employees who indicate interest; and consider an employee's record of performance. The Executive Manager shall provide the results of this informal process and recommendation for promotion to the Human Resources Director. 11.3 Promotions — General 11.3.1 An employee who is promoted shall be placed at any rate within the designated salary range (or equivalent hourly rate) which provides a minimum ten percent (10%) base increase. With the approval of the Human Resources Director, an employee who is promoted to a classification that is assigned field responsibilities shall be placed at a rate in the range which provides a minimum fifteen percent (15%) base pay increase. In no case may the increase cause the employee's salary to exceed the Control Point. A new merit review date shall be established in accordance with ARTICLE 8 — SALARY ADMINISTRATION. 11.3.1.2 Under special circumstances, a new pay rate may be calculated using other forms of pay recommended by the Human Resources Director and approved by the City Manager. 11.3.2 The City Manager may exercise discretion to provide additional vacation accrual or vacation balance in accordance with the provisions of ARTICLE 19 — VACATION. 11.3.3 The Human Resources Director may recommend pay adjustments or other remedies to correct pay inequities arising out of the application of these promotional policies where pay rates are not internally equitable. All recommendations shall require the approval of the City Manager. 11.4 Acting Appointments 11.4.1 An "Acting Appointment" is the appointment of an employee to a higher -level position on a temporary basis for an indefinite duration when a legitimate need exists due to a vacancy or an extended absence of another employee such as illness, vacation, prolonged jury duty service, military leave. Not all long term vacancies require an acting appointment; such appointments are reserved for positions that must be filled by law or Charter, or for those positions that are essential to maintain public services and/or efficiency of operations within the City. 11 11.4.2 Acting appointments shall only be made with the approval of the Human Resources Director under special circumstances pursuant to ARTICLE 11.4.1. Requests for Acting Appointments must be submitted in writing and must include justification for the appointment. 11.4.3 Acting Appointments are subject to the following: 11.4.3.1 An Acting Appointment must cover a period of at least thirty calendar (30) days. 11.4.3.2 A request for an Acting Appointment should be submitted to the Human Resources Department prior to instituting the acting period. An acting appointment is not posted. 11.4.3.3 The Acting Appointment must involve the assignment of duties and responsibilities corresponding to those included in the job description for the acting position and must be assumed on a full- time basis. However, in some departments, individuals may take on additional assignments and responsibilities at a higher level while maintaining their current job for a limited duration. 11.4.3.4 The appointee in all cases must meet the requirements as provided in the job description of the acting title. The appointee's background will be reviewed to ensure that the appointee meets the minimum requirements. 11.4.3.5 If an employee fails to meet the minimum requirements for an acting appointment but is performing duties associated with the position, an appropriate acting classification and level of pay, if warranted, will be determined. 11.4.3.6 The normal promotional salary progression will apply in accordance with ARTICLE 11.3. If the employee is placed in the position through a competitive process after serving in an acting capacity, the resulting action will be a status change from acting to probationary and the employee's merit review date will remain the same. 11.5 Grant -Funded and/or Limited Term Positions 11.5.1 Appointments to certain grant -funded and/or limited -term positions as designated by the City Manager may be made without competitive examinations and/or evaluations. Such appointments may be made by the appropriate Executive Manager with the approval of the Human Resources 12 Director. In the event that a grant -funded and/or limited -term appointee fails to complete competitive examinations and/or evaluations and is not appointed to a City -funded position during his/her period of employment under the grant or limited -term position, said appointee shall be terminated from City employment. ARTICLE 12—PROBATION 12.1 Purpose 12.1.1 This ARTICLE allows the Appointing Authority to subject newly hired promoted employees to heightened scrutiny, and to reject such an employee at any time during the employee's probationary period if the employee's work and conduct is determined to be below standards. 12.2 General 12.2.1 Newly appointed employees; employees promoted; employees reinstated after thirty (30) days in accordance with ARTICLE 15 — REINSTATEMENT; employees reassigned according to the Vocational Rehabilitation Administrative Regulation; and employees transferred in accordance with ARTICLE 17 — TRANSFER shall be subject to a period of probation. The regular period of probation shall be twelve (12) months. 12.2.1.1 In the event an employee is assigned to light duty status or is absent from work due to a lengthy illness or injury during his/her probationary period, said employee's probationary status may be extended beyond the regular period of probation in the amount of one (1) complete biweekly pay period for each complete biweekly pay period the employee was assigned to light duty status or loss of service time due to such illness or injury. 12.2.1.2 Upon successful completion of a probationary period, an employee shall be granted regular status in the classification in which the probationary period is served. 12.2.1.3 Regarding promotional probations, employees shall be eligible for merit increases as defined in Article 8 (promotional probation shall not impact an employee's eligibility for merit increase). 13 12.3 Evaluation 12.3.1 The work and conduct of probationary employees shall be subject to close scrutiny and evaluation and, if found to be below standards satisfactory to the Appointing Authority, the appropriate Executive Manager may reject the probationer at any time during the probationary period. Such rejections shall not be subject to review or appeal unless such a rejection is alleged to be contrary to the provisions of any state or federal law or this MOU. 12.3.2 An employee shall be retained beyond the end of the probationary period only if the appropriate Executive Manager affirms that the services of the employee have been found to be satisfactory. However, in the event the Executive Manager fails to either affirm or reject a probationary employee prior to the end of the employee's probationary period, the employee will be considered to have satisfactorily completed the probationary period and shall be granted regular status in the classification in which the probationary period is served. 12.4 Probationary Extension 12.4.1 Subject to the discretion of the appropriate Executive Manager, an employee's probationary status may be extended beyond the regular probationary period by providing the employee advanced written notice. 12.5 Probationary Rejection 12.5.1 An employee rejected or laid off during the probationary period from a position to which the employee has been appointed from outside the organization shall be separated from City service. 12.5.2 An employee rejected or laid off during the probationary period from a position to which the employee had been promoted or transferred shall be returned to the classification in which the employee had regular status unless the reasons for the employee's failure to complete the probationary period would be cause for dismissal from City service. 12.5.3 ANAHEIM will make every reasonable effort to return a Part -Time employee rejected or laid off from a position to which the employee had been promoted or transferred to during the probationary period to the classification in which the employee had regular status unless the reasons for the employee's failure to complete the probationary period would be cause for dismissal. If not returned to the former classification, the employee shall be separated from City service/employment. 14 12.5.4 The appropriate Executive Manager shall request the Human Resources Department to prepare a Personnel Action Form to separate or return to a former classification any employee to be rejected during a probationary period. ARTICLE 13—SALARY REDUCTION, SUSPENSION, DEMOTION, AND DISMISSAL 13.1 The tenure of every employee shall be conditioned on good behavior and satisfactory work performance. An employee may be subject to reduction in salary or be suspended without pay, demoted, or dismissed for good and sufficient cause. 13.2 When in the judgment of the appropriate Department Head or Administrative Manager, an employee's work performance or conduct justifies disciplinary action short of demotion or dismissal, the employee may be: 13.2.1 Suspended without pay. Upon taking such action, the appropriate Department Head or Administrative Manager shall file with the employee and the Human Resources Director a written notification containing a statement of the substantial reasons for the action. No employee shall be suspended without pay for more than thirty (30) calendar days at any one time, or; 13.2.2 Reduced in salary. Upon taking such action, the appropriate Department Head or Administrative Manager shall file with the employee and the Human Resources Director a written notification containing a statement of the substantial reasons for the action. The employee may be returned to the former salary at such time as deemed appropriate by the appropriate Department Head or Administrative Manager. 13.3 An employee may be demoted or dismissed upon recommendation of an appropriate manager whenever in the judgment of the appropriate Department Head or Administrative Manager, the employee's work or misconduct so warrants. Upon taking such action, the appropriate Department Head or Administrative Manager shall file with the employee and the Human Resources Director a written notification containing a statement of the substantial reasons for the action and the effective date of the action. 13.4 In the disciplinary process, ANAHEIM shall conform with the procedural due process requirements of Skelly v. State Personnel Board. At such time as the Skelly due process is required, prior to the determination that discipline will be imposed, the appropriate Department Head or Administrative Manager at a minimum shall: 15 13.4.1 Provide written notification to the employee of the proposed discipline at least ten (10) calendar days prior to the date the discipline is proposed to be implemented. The notification shall include: 13.4.1.1 The discipline that is proposed; 13.4.1.2 The grounds for imposed disciplinary action; 13.4.1.3 The actions, omissions, or conduct of the employee upon which the proposed discipline is based; and 13.4.1.4 An invitation to respond either orally or in writing prior to the proposed effective date of the discipline. 13.4.2 Provide copies of documents considered which support the proposed discipline. 13.4.3 Provide written notification of the final determination after consideration of the employee's response or after the opportunity to respond, if the employee chooses not to respond. The written notification will contain a statement of substantial reasons for the action and the effective date of the action. 13.4.4 Failure to comply with ARTICLE 13.4 shall not invalidate a disciplinary action, but may result in penalties, upon ANAHEIM, as reflected in decisions of the California appellate courts. 13.5 When an employee is dismissed as provided in this ARTICLE, the following accelerated procedure under the provisions of ARTICLE 31 — GRIEVANCE PROCEDURE shall apply: 13.5.1 Only one (1) post -Skelly hearing by a representative from the City Manager's Office shall be held. This hearing shall be held within fourteen (14) calendar days after the dismissal is grieved, unless mutually extended. 13.5.2 If the grievance is then timely appealed to Step III to be submitted to an impartial arbitrator for a final and binding decision, ANAHEIM and the UNION agree to: 13.5.2.1 Develop a standing list of mutually approved arbitrators. 13.5.2.1.1 This list shall include no more than five (5) mutually approved arbitrators. 13.5.2.1.2 ANAHEIM and the UNION agree to reestablish the list of arbitrators once each year in January. 13.5.2.1.3 ANAHEIM or the UNION may mutually remove arbitrators from this list at any time. 13.5.2.2 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. 13.5.2.3 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 be the remedy?" ARTICLE 14—LAYOFF REASSIGNMENT AND REEMPLOYMENT 14.1 Purpose 14.1.1 The purpose of this ARTICLE is to establish consistent procedures when implementing a reduction in the City's work force in response to changes in economic conditions or City Council priorities. Layoffs shall be implemented for a lack of work or lack of funds and shall be on the basis of an evaluation of employee qualifications and City seniority within the affected job class. 14.2 Procedure 14.2.1 An employee whose position has been abolished due to lack of work or lack of funds shall be reassigned by the Executive Manager to the position within the employee's division or department in an equivalent or lower job class closest to the employee's current classification for which the employee meets the minimum requirements and where the employee has City seniority over other employees in the job class. In the case of employees having equal City seniority, the tie -breaker will be resolved by a random lottery. If the employee whose position has been abolished does not have City seniority over other employees in equivalent or lower classes, the employee may be reassigned by the Executive Manager to any vacant position within the department in an equivalent or lower job class, for which the employee meets the minimum requirements. 14.2.1.1 Employees reassigned to another job class in this bargaining unit or to a classification with a management salary structure shall retain their current merit review date and their current rate of pay if it falls within the salary range of the classification reassigned. 17 Otherwise, their rate of pay will be adjusted to the Control Point of the salary range for the new classification. In no case shall the employee's rate of pay exceed the Control Point as a result of such reassignment in lieu of layoff. 14.2.1.2 Employees reassigned to a classification with a salary step schedule will be placed in the closest salary step of the new job class which does not provide an increase. The employee's base hourly rate will be used in calculating the appropriate rate of pay. 14.2.2 Whenever an employee, whose position has been abolished cannot be reassigned to a position within the employee's current department, the employee may be reassigned by the City Manager to any vacant position in any other department in the same job class or in an equivalent or lower job class for which the employee meets the minimum qualifications for employment. Employees reassigned to vacant positions in an equivalent or lower job class in any other department shall be reinstated to their former job class and salary step status if positions in their former job class (within their former department) become vacant within two (2) years of reassignment. Such reassignment shall be on the basis of City seniority. 14.2.3 An employee who is reassigned in lieu of layoff to a job classification at the same salary range shall retain the same rate of pay and merit review date. 14.2.4 Whenever an employee is reassigned to a vacant position in the same class, an equivalent class, or lower class as herein provided, the employee shall retain the same anniversary date for purposes of merit pay increases. 14.2.5 Whenever an employee is reinstated to a vacant position in the employee's former job class, 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 8 — SALARY ADMINISTRATION. 14.3 Reemployment 14.3.1 Whenever an employee whose position has been abolished is not reassigned to another position, the employee shall be separated from City service and placed on the reemployment list for the job class from which the employee was laid off. Persons on the reemployment list shall be reemployed with their former salary step status if positions in their job class (within the department from which they were laid off) become vacant within one (1) year. Reemployment shall be on the basis of City seniority. 18 14.3.2 Reemployment lists shall contain the names of regular, full-time employees laid off in good standing for lack of funds. 14.3.2.1 Reemployment lists shall remain in effect for a period of one (1) year. Reemployment lists shall not be extended. 14.3.3 An employee reinstated from a reemployment list shall be considered to have continuous service and shall 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 the City any payment received under the provisions of ARTICLE 20 — SICK LEAVE. 14.4 The provisions of this ARTICLE shall not apply to Part -Time employees and employees appointed to grant -funded and/or limited -term positions as designated by the City Manager under ARTICLE 11.5. ARTICLE 15—REINSTATEMENT 15.1 This ARTICLE establishes provisions that allow the reinstatement of employees who terminated employment in good standing without requiring such employees to requalify for employment through a competitive process. 15.2 Upon recommendation of the Executive Manager and with approval of the Human Resources Director, an employee who has passed probation may be reinstated to a vacant position in the employee's former job classification or job family within two (2) years of the employee's separation date without re -qualifying for employment by competitive process. 15.2.1 A full-time employee reinstated within thirty (30) days of the employee's termination date: shall be considered to have continuous service; shall not serve a new probationary period; and shall be credited with the amount of accumulated sick leave the employee had at the time of termination. The employee shall be placed in the former salary status range and shall retain the anniversary date for purposes of merit pay increases. If the anniversary date occurred during the period of the employee's absence, a new anniversary day shall be set as the first (1 st) day of the next biweekly pay period following reinstatement. 15.2.2 A part-time employee reinstated within thirty (30) days of the employee's termination date shall be considered to have continuous service and shall not serve a new probationary period. The employee shall be placed in the former salary range. 19 15.2.3 A full-time or part-time employee reinstated after thirty (30) days of the employee's termination date shall serve a new probationary period; may be considered to have broken service for purposes of salary status; and shall be considered to have broken service for all other employee benefits. 15.3 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. ARTICLE 16—VOLUNTARY DEMOTION 16.1 A voluntary demotion is the movement of an employee into a classification with a lower salary schedule or salary range at the request of the employee. 16.2 A voluntary demotion shall require the approval of the Executive Manager under whom the employee will serve and the Human Resources Director. An employee taking a voluntary demotion may be placed in any salary of the appropriate salary range that does not provide an increase in salary. A new anniversary date shall be given for purposes of merit pay increases in accordance with provisions of ARTICLE 8 — SALARY ADMINISTRATION. 16.2.1 Voluntary demotions authorized under the provisions of the Vocational Rehabilitation Administrative Regulation shall be in accordance with the provisions of this ARTICLE. 16.3 Upon recommendation of the Executive Manager and with approval of the Human Resources Director, an employee who has taken a voluntary demotion to a lower job class may be reinstated to a vacant position in the employee's former job class, which the employee had regular status, within two (2) years of the effective date of the voluntary demotion without re -qualifying by competitive processes. 16.3.1 An employee reinstated to a former job class from a voluntary demotion shall be placed in the salary range at the employee's current rate of pay or on the salary schedule of the employee's former job class closest to the employee's current rate of pay. The employee shall retain the same anniversary date for purposes of merit pay increases; however, if the employee is below market in a salary range, 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 17--TRANSFER 17.1 A change of an employee's place of employment from one division to another or 20 from one department to another shall be considered a "Transfer." Movement of an employee to a vacant position in a job classification on the same salary range as the employee's current job class shall also be considered a transfer. 17.2 A Transfer requires the approval of the Executive Manager to which the employee is transferring and the Human Resources Director. A Transfer may be initiated by the City Manager, Executive Manager, or by request of the employee to the Human Resources Director. 17.2.1 A transferred employee shall retain the same rate of pay and anniversary date for purposes of merit pay increases. 17.2.2 If a Transfer is initiated by request of an employee to a job class with minimum standards of employment substantially different from those of the employee's current job class, an employee shall be required to demonstrate eligibility for employment in accordance with the provisions of ARTICLE 11 — APPOINTMENTS AND PROMOTIONS and the employee shall serve a new probationary period in accordance with the provisions of ARTICLE 12 — PROBATION. 17.2.3 A scheduled merit increase may be deferred at the discretion of the Executive Manager for a period of up to six (6) months to allow management to properly evaluate the transferred employee's work performance and conduct. ARTICLE 18—HOLIDAYS 18.1 The following days shall be recognized as holidays. Full-time employees shall have the following holidays off with pay: 1. January I", New Year's Day 2. Third Monday in January, Martin Luther King's Birthday 3. Third Monday in February, Presidents' Day 4. Last Monday in May, Memorial Day 5. July 4t', Independence Day 6. First Monday in September, Labor Day 7. November I Ph, Veterans' Day 8. Fourth Thursday in November, Thanksgiving Day 9. Friday after Thanksgiving 10. December 25t", Christmas Day 11. Every day designated by the City Council for a public feast, thanksgiving, or holiday 21 18.2 In the event that any of the above holidays fall on an employee's scheduled day off, said employee shall observe the holiday on the preceding work -day or the following work day as scheduled by the Executive Manager to provide maximum regular service to the public. 18.3 With the exception of the floating holiday referenced in Article 18.4, in order to be eligible for holiday pay, an employee must be either at work or on paid leave of absence on the regularly scheduled work day immediately preceding the holiday or day observed in lieu of the holiday and the regularly scheduled work day immediately following the holiday or day observed in lieu of the holiday. No employee who is on suspension or unpaid leave of absence on either the regularly scheduled work -day immediately preceding or immediately following the holiday or day observed in lieu of the holiday shall receive compensation for said holiday or day observed in lieu of the holiday. 18.4 In addition to the holidays listed above (Article 18.1), each full-time employee will receive one (1) floating holiday per calendar year. The employee will be eligible to use the floating holiday at the beginning of each calendar year. This leave time has no monetary value, cannot be cashed out and must be used by the end of the calendar year. The floating holiday shall be scheduled and taken in accordance with the best interests of the City and the department or division in which the employee is employed. ARTICLE 19—VACATION 19.1 All vacations shall be scheduled and taken in accordance with the best interests of the City and the department or division in which the employee is employed. Only full- time employees are eligible to accrue vacation. 19.2 An employee shall be eligible to take any accrued vacation upon completion of six (6) months of service. 19.3 The maximum amount of vacation that may be taken at any given time shall be that amount that has accrued to the employee concerned. 19.4 In the event that any 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 any employee's accrued vacation shall be those hours that the employee is regularly scheduled to work. 19.5 Paid vacation shall continue to accrue in accordance with the provisions of this ARTICLE under any period of leave with pay. Employees shall not accrue vacation while on Short -Term Disability or Long -Term Disability. 22 19.6 Full-time employees with an average work -week of forty (40) hours shall receive annual vacation with pay in accordance with the following provisions: 19.6.1 For the first four (4) years of continuous, full-time service, such employees shall accrue paid vacation at the rate of four (4) hours for each complete biweekly pay period plus two (2) hours for paid vacation at the close of the final complete biweekly pay period of each fiscal year (one hundred six (106) hours per year). 19.6.2 Upon completion of four (4) years of continuous, full-time service, such employees shall accrue paid vacation at the rate of five (5) hours for each complete biweekly pay period (one hundred thirty (130) hours per year). 19.6.3 Upon completion of eight (8) years of continuous, full-time service, such employees shall accrue paid vacation at the rate of six (6) hours for each complete biweekly pay period (one hundred fifty-six (156) hours per year). 19.6.4 Upon completion of fourteen (14) years of continuous, full-time service, such employees shall accrue paid vacation at the rate of seven (7) hours for each complete biweekly pay period (one hundred eighty-two (182) hours per year). 19.6.5 Upon completion of nineteen (19) years of continuous, full-time service, such employees shall accrue paid vacation at the rate of eight (8) hours for each complete biweekly pay period (two hundred eight (208) hours per year). 19.6.6 Upon completion of twenty-four (24) years of continuous, full-time service, such employees shall accrue paid vacation at the rate of nine (9) hours for each complete biweekly pay period (two hundred thirty-four (234) hours per year). 19.7 Maximum vacation accumulations for full-time employees with an average regular work -week of forty (40) hours shall be as follows: 19.7.1 For employees accruing vacation at the rate of one hundred six (106) hours for every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be two hundred twelve (212) hours. 19.7.2 For employees accruing vacation at the rate of one hundred thirty (130) hours for every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be two hundred sixty (260) hours. 23 19.7.3 For employees accruing vacation at the rate of one hundred fifty-six (156) hours for every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be three hundred twelve (312) hours. 19.7.4 For employees accruing vacation at the rate of one hundred eighty-two (182) hours for every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be three hundred sixty-four (364) hours. 19.7.5 For employees accruing vacation at the rate of two hundred eight (208) hours for every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be four hundred sixteen (416) hours. 19.7.6 For employees accruing vacation at the rate of two hundred thirty-four (234) hours every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be four hundred sixty-eight (468) hours. 19.8 The minimum amount of vacation that may be taken at any given time shall be one (1) day. 19.9 Employees shall have the number of hours of the employee's regular work day deducted from the employee's accrued vacation time for each day of vacation taken. 19.10 Upon termination, an employee shall be compensated through payroll at the employee's current base rate of pay for any vacation accrued but not taken. Upon termination, the employee shall be compensated for the full accrual for the final pay period. 19.11 Upon retirement or layoff, in lieu of compensation, the employee may elect to defer the full accrual into the 457 deferred compensation plan, subject to the annual maximum amount limitation. If the full accrual exceeds the annual maximum amount, then any remaining balance shall be paid in cash. 19.12 Employees shall have the ability to be compensated for accrued vacation hours at any time throughout the year, subject to the following provisions: 19.12.1 The employee must have used forty (40) hours of vacation during the previous twelve (12) months. 19.12.2 The employee's vacation balance cannot drop below forty (40) hours as a result of the request. 24 19.12.3 The employee's Executive Manager must approve the employee's request for the vacation pay-off. 19.13 The Human Resources Director may recommend, and the City Manager may approve, a one-time crediting of the vacation time bank for new hires or employees promoted, for use upon completion of six (6) months in the position. 19.14 Part-time employees who worked one thousand, one hundred (1,100) or more hours in the previous calendar year will be given a lump sum payment of three percent (3%) of their gross earnings. Calculation of hours worked shall include all hours worked for which wages were reported for tax purposes for the calendar year. Payment of this lump sum shall be issued with the payment of wages for the second full pay period in the following calendar year. ARTICLE 20—SICK LEAVE 20.1 Full-time employees shall accrue annual sick leave with pay in accordance with the following provisions: 20.1.1 Full-time employees with an average regular work week of forty (40) hours shall accrue paid sick leave at the rate of three (3) hours for each complete biweekly pay period. 20.1.2 Paid sick leave shall continue to accrue in accordance with ARTICLE 20.1.1 during any period of leave with pay. 20.1.3 Employees shall not accrue sick leave while on Short -Term Disability or Long -Term Disability. 20.1.4 An employee requesting sick leave for an absence from work as a result of any injury or disease, which is compensable under the State of California Labor Code, after eligibility for Industrial Accident Leave has ended, shall receive maximum compensation from the City in an amount equal to the difference between temporary disability payments mandated by the State of California Labor Code and the employee's regular base rate of pay. 20.2 The number of hours of an employee's regular work day shall be deducted from the accrued sick leave time for each regularly scheduled working day that the employee is on paid sick leave. 20.3 Employees shall take sick leave in full day increments except only in cases where Family Medical Leave or Short -Term Disability situations exist. 25 20.3.1 An employee may elect to use vacation time to bridge the period after sick leave is exhausted and prior to Short -Term Disability commencing. 20.4 Sick leave that is accrued, but not taken, shall be accumulated. 20.4.1 Regular, full-time employees with an average regular work -week of forty (40) hours shall be paid at their regular hourly rate of pay for all sick leave hours accumulated beyond one hundred seventy-five (175) hours in each calendar year. 20.4.1.1 Payment shall be made in January of each year, or upon the employee's termination of employment for any reason. 20.4.1.2 A maximum of one hundred seventy-five (175) hours shall carry over from year to year. 20.4.2 The City shall pay to a regular, full-time employee, upon the employee's termination of employment due to retirement or layoff in accordance with ARTICLE 14 — LAYOFF, REASSIGNMENT, REEMPLOYMENT, all hours accumulated up to the maximum of one hundred seventy-five (175) hours that may be carried over from year to year. 20.4.3 Upon retirement or layoff, in lieu of compensation, the employee may elect to defer the entire accrual into the 457 deferred compensation plan, subject to the annual maximum amount limitation, or convert up to one hundred seventy- five (175) hours to Ca1PERS service credit. 20.4.3.1 If the entire accrual shall exceed the annual maximum amount, then any balance will be paid to the employee. 20.4.4 If an employee dies while employed, the City shall pay to the employee's beneficiary, as designated by the Ca1PERS records, the cash equivalent (paid at base salary rate) of all hours accumulated up to the maximum of one hundred seventy-five (175) hours. 20.5 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 any employee's accrued sick leave shall be those hours that the employee is regularly scheduled to work. 20.6 An employee eligible for paid sick leave shall be granted such leave for the following reasons: 20.6.1 Illness of the employee or physical incapacity of the employee due to illness or injury. 26 20.6.2 Enforced quarantine of the employee in accordance with community health regulations. 20.6.3 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 supervisor and will be granted in accordance with the best interests of the City and the employee's department or division. 20.6.4 Temporary disabilities caused by pregnancy and childbirth. 20.6.5 To attend to the illness of the employee's immediate family member. "Immediate family" means a child, parent, spouse, or registered domestic partner of the employee regardless of residence. As used in this ARTICLE, registered domestic partner means that a Declaration of Domestic Partnership has been filed with the California Secretary of State. 20.6.6 Any other purpose required by law. 20.7 An employee who cannot perform the employee's assigned duties due to illness or physical incapacity shall inform the immediate supervisor of the fact and the reason therefore as soon as possible. Failure to do so within a reasonable time may be cause for denial of sick leave with pay. 20.8 Unless prohibited by law, in the event that an employee is absent in excess of three (3) or more consecutive working days, the employee's Executive Manager or Administrative Manager may require that the employee submit 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 cause for disciplinary action. 20.9 Short -Term Disability 20.9.1 Total disability means an employee's complete inability to engage in the employee's regular occupation. An employee who has completed six (6) months as a regular, full-time employee and is then continuously and totally disabled for more than one (1) calendar month, shall receive a Short -Term Disability benefit of net sixty percent (60%) of the employee's base rate of pay, after withholding taxes, and less deductible benefits. 20.9.1.1 Such disability benefit shall continue during total disability up to a maximum of six (6) months, including the thirty (30) day elimination period, from date of disability. 27 20.9.1.2 Payment of Short -Term Disability benefits is contingent upon the continuation of on -going medical treatment. 20.9.1.3 Short -Term Disability benefits shall continue beyond sixty (60) and/or one hundred twenty (120) days of absence only upon submission of a "Report of Physical Examination" by the treating physician or medical practitioner, including certification of continuing disability and expected return date. 20.9.1.4 Deductible benefits include salary or other compensation paid by any employer; Workers' Compensation Act or similar law including benefits for partial or total disability, whether permanent or temporary, if benefits being received are for the current disabling condition; and a pension plan toward which the City contributed. 20.9.2 Payment of employee premiums shall be waived for any ANAHEIM- sponsored medical, dental, and life insurance benefit plans during any biweekly pay period during which Short -Term Disability benefits are paid. 20.9.2.1 Benefits are not payable unless the employee is regularly seen and treated by a licensed physician or medical practitioner who certifies the continuing disability. 20.10 Long -Term Disability 20.10.1 A full-time employee who is continuously and totally disabled for more than six (6) months shall receive Long -Term Disability benefits in accordance with the provisions of ARTICLE 20.10. 20.10.2 If two (2) or more periods of total disability occur during a specific six (6) month elimination period for the insured Long -Term Disability plan, all such periods shall be considered as one (1) period of continuous total disability under the following conditions: 20.10.2.1 All periods of total disability must be due to the same cause or causes; 20.10.2.2 All recurring periods of total disability that qualify as one period of continuous total disability for the insured Long -Term Disability plan, shall qualify as one (1) period of continuous total disability for the Anaheim Disability Plan and shall not require a new one (1) month waiting period before Anaheim disability benefits will be paid; and 28 20.10.2.3 Commencement of the benefit period for the insured Long -Term Disability plan shall automatically terminate benefits from the Anaheim Disability Plan. 20.11 ANAHEIM shall provide part-time employees in this bargaining unit with sick leave benefits in accordance with California Labor Code section 246. Employees shall earn one (1) hour of paid sick leave for every 30 hours worked, up to a total of 24 hours in a calendar year subject to the following provisions: 20.11.1 An employee qualifies for paid sick leave after a 90 calendar day employment period with eligibility beginning the 90t' calendar day per 20.11.3. 20.11.2 Hours will be accrued in full hour increments after completion of a full thirty (30) hours of work. For example: If an employee works 45 hours in one (1) pay period, the employee will accrue one (1) hour of paid sick leave for the first thirty (30) hours. The remaining fifteen (15) hours will be counted the following pay period. 20.11.3 An employee is entitled to use paid sick leave beginning the 90th calendar day of employment. Paid sick leave can only be used on days when the employee is scheduled to work. Paid sick leave cannot be used in the same pay period it is earned. 20.11.4 An employee may use 24 hours of accrued paid sick leave in the calendar year. Any use of paid sick leave must be for a minimum of two (2) hours per occurrence. Use of paid sick leave greater than two (2) hours must be taken in fifteen (15) minute increments. 20.11.5 Any balance of accrued paid sick leave will be restored to an employee who leaves employment with the City and returns within twelve (12) months from the employee's separation date. Such employee may not use paid sick leave prior to working a total of ninety (90) days, counting the work prior to the separation and upon return. 20.11.6 Accrued paid sick leave will not be restored to an employee who separates from the City for a period greater than twelve (12) months and then returns. 20.11.7 An employee may carry over unused accrued sick leave hours from one year to the next, up to a cap of 48 hours. However, an employee may only use 24 hours of paid sick leave in the calendar year. 20.11.8 Paid sick leave may be taken for an employee or a family member for preventive care or care of an existing health condition or for specified purposes if the employee is a victim of domestic violence, sexual assault, or stalking. Family members include the employee's parent, child, spouse, registered domestic partner, grandparent, grandchild, and sibling. Preventive care includes, but is not limited to, annual physicals or flu shots. 29 20.11.9 Paid sick leave will be calculated at the employee's base pay rate or the employee's average pay rate in the prior ninety (90) days of employment, whichever is the higher rate. 20.11.10 Accrued paid sick leave hours will not be paid out upon separation for any reason. 20.11.11 The use of paid sick leave will follow the existing Attendance Administrative Regulation (AR No. 286). ARTICLE 21—INDUSTRIAL ACCIDENT LEAVE 21.1 In the event that any full-time employee is absent from work as a result of any injury or disease which is found to be compensable under the State of California Labor Code, such absence shall be considered Industrial Accident Leave. 21.2 Industrial Accident Leave shall begin on the first (1st) day of such absence as defined in this ARTICLE. 21.2.1 Industrial Accident Leave shall continue during all absences due to a single injury, but not to exceed one (1) year of accumulated absence. 21.2.2 Industrial Accident Leave benefits provided by this ARTICLE shall apply to each injury or disease as defined in this ARTICLE. 21.2.3 The effective date of a permanent disability rating as awarded by the Workers' Compensation Appeals Board ends eligibility for Industrial Accident Leave for that particular injury or disease. 21.2.4 A written statement from the treating physician that the employee's condition is "Permanent and Stationary" or separation from City service ends eligibility for Industrial Accident Leave for that particular injury or disease. 21.2.5 Industrial Accident Leave for absence due to injury or disease as defined in this ARTICLE shall be granted to employees only upon presentation of a physician's certificate of treatment. 21.3 Any full-time employee on Industrial Accident Leave shall receive compensation from the City in an amount equal to the difference between temporary disability payments mandated by the State of California Labor Code and his/her regular base rate of pay. 30 21.4 In the event that an employee who has received or is receiving Industrial Accident Leave benefits files a civil action in state or federal court against a third party for allegedly causing or contributing to the cause of his/her injury which resulted in his/her absence from work, the employee is required to inform the Risk Management Division of such filing. 21.5 No employee shall have accrued sick leave deducted while on Industrial Accident Leave. Vacation and Sick Leave shall continue to accrue for any employee on Industrial Accident Leave in accordance with the provisions of ARTICLE 19 — VACATION and ARTICLE 20 — SICK LEAVE. ARTICLE 22—BEREAVEMENT LEAVE 22.1 In the event a death occurs in the immediate family of a full-time employee, the employee shall be granted bereavement leave with pay for up to a maximum of three (3) work days within three (3) months of the death of an immediate family member as defined in 22.1.1. 22.1.1 "Immediate family" shall be defined as: any relative by blood or marriage who is a member of the employee's household, under the same roof, and any parent, foster parent, step-parent, spouse or registered domestic partner, child (including stillborn), grandchild, grandparent, sibling, parent -in-law, daughter- in-law, or son-in-law of the employee or the employee's spouse or registered domestic partner. 22.1.2 For purposes of this ARTICLE, "Registered Domestic Partner" means that a Declaration of Domestic Partnership has been filed with the California Secretary of State. 22.2 In addition to paid bereavement leave as provided for in Article 22.1, employees may use unused sick or vacation hours up to five (5) additional working days for bereavement purposes. Such leave must be taken within three (3) months of the death of an immediate family member as defined in 22.1.1. If an employee has no sick or vacation on the books, the employee may utilize leave without pay for these additional five (5) days. 22.3 Part -Time employees shall be provided unpaid leave of up to five (5) work days in the event of a death in their immediate family. Such leave must be taken within three (3) months of the death of an immediate family member as defined in 22.1.1. An employee with available sick leave may use such accrued leave to cover all or a portion of the bereavement leave. 31 22.4 An employee may extend the time period for using the bereavement leave as provided in Article 22.1, 22.2 and 22.3 to six (6) months following the death of an immediate family member by notifying the employee's supervisor within the first three (3) months following the family member's death. ARTICLE 23—MILITARY LEAVE 23.1 This ARTICLE prescribes City policy relating to military leave and compensation in accordance with the provisions of the Military and Veterans Code of the State of California §389-999.5, the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. §4301-4335, and with all federal provisions (Public Law §93-508). 23.2 An employee requesting leave under this provision shall provide their Department Head and the Human Resources Department with a copy of the military orders specifying the date(s), site, and purpose of the activity or mission. 23.3 Within the limits of such orders, the Department Head may determine when the leave is to be taken and may modify the employee's work schedule to accommodate the request for leave. 23.4 An employee who is on active duty and has been employed for at least one (1) year will receive the employee's salary for the first thirty (30) days of military duty. 23.5 An employee who is a member of the California National Guard will receive the employee's salary for the first thirty (30) days of active service regardless of the employee's length of service with the City. 23.6 An employee who is on temporary military duty and has been employed for at least one (1) year or at least one (1) year of combined military/employment service will receive the employee's salary for the first thirty (30) days of duty. 23.7 Pay shall not exceed thirty (30) days in any fiscal year. 23.8 During any term of deployment, employees shall be considered to be on leave without pay status (LWOP) and shall accrue no paid leaves. ARTICLE 24-3-URY DUTY AND COURT APPEARANCES 24.1 In the event any full-time employee in the classified service is duly summoned to any court for the purpose of performing jury duty, the employee shall receive regular compensation for any regularly scheduled working hours spent in actual performance of such service. W 24.2 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 regular compensation for any regularly scheduled working hours spent in actual performance of such service. 24.2.1 Whenever an employee is summoned to appear as a witness for court matters within the scope of employment, the employee shall be compensated in accordance with provisions concerning compensation for normal performance of duties. 24.2.2 Employees receiving witness fees shall remit such fees to the Finance Department in order to be considered at work for payroll purposes during time spent as such witnesses. 24.3 In the event any Part -Time employee is summoned to any court for the purpose of performing jury duty, the employee is released from regularly scheduled working hours and shall not be compensated for such service. ARTICLE 25—LEAVE WITHOUT PAY 25.1 Any full-time employee who is absent from work and who is not on leave with pay shall be considered to be on leave without pay. An employee on leave without pay shall receive no compensation. 25.2 An employee on leave without pay for over forty (40) consecutive hours in a pay period shall not accumulate vacation or sick leave while on such leave. 25.3 An employee who has a need to be absent from work and who is not eligible for leave with pay may request to be placed on leave without pay. Under no circumstances shall such leave exceed six (6) months, except to the extent that the employee is entitled to additional protected leave without pay under USERRA. 25.4 Leave without pay for a period not to exceed forty (40) working hours may be granted by the employee's Administrative Manager or Department Head. 25.5 Leave without pay in excess of forty (40) hours shall require the approval of the employee's Department Head. 25.6 An employee on non -medical leave without pay in excess of two (2) complete bi- weekly pay periods shall be responsible for the full cost of all benefits which the employee is receiving or is enrolled. 33 25.7 In the event that leave without pay is granted to an employee for reasons of illness or physical incapacity due to illness or injury, the City shall continue to pay for any hospitalization and major medical insurance previously paid for by the City, for a maximum of six (6) complete months. 25.8 The City shall waive the payment of employee premiums for any City sponsored medical, dental, and life insurance benefit plans for a maximum of six (6) months. 25.9 An employee may be granted leave without pay not to exceed six (6) months. An extension of leave without pay beyond six (6) months is permitted only when leave without pay is granted to an employee for reasons of illness or physical incapacity and a determination has been made by the Human Resources Director that return to work is likely. 25.10 An employee returning to work from leave without pay shall be placed in the same range/hourly rate the employee was in prior to such leave. 25.10.1 If such leave was in excess of two (2) complete biweekly pay periods, the employee's anniversary date for purposes of merit pay increases shall be changed to conform with the provisions of ARTICLE 8 — SALARY ADMINISTRATION provided that the employee returns to a position in the same job class. 25.10.2 If the employee returns to a position in a lower job class, the employee's salary step/range status shall be determined in accordance with the provisions of ARTICLE 16 — VOLUNTARY DEMOTION. ARTICLE 26—INSURANCE AND PENSIONS 26.1 General Provisions 26.1.1 The City Council shall set plan rates and employee contributions for City health and wellness plans annually. 26.1.2 The master contract between the City and plan administrator shall govern in the event any disputes arise over any matter within a provision of the contract. 26.1.3 Proof of eligibility will be required of all employees enrolled in any City insurance plan to enroll a dependent. 26.2 Health Insurance 26.2.1 For full-time employees: 34 26.2.1.1 The City shall offer prepaid and/or insured health plans recommended by the Anaheim Health Council and approved by the City Council. 26.2.1.2 Employees become eligible for coverage on the first (1st) day of the month following one (1) complete calendar month after hire date. 26.2.1.3 The City 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 Index — Urban Wage Earners and Clerical Employees (CPI-W), for the areas identified as Los Angeles — Riverside — Orange County. The increase in the City'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 2021 shall equal the percent change in the CPI-W for the year ending May 2020, 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 2020). The employee shall contribute the difference between the City contribution and the total premium costs. 26.2.1.4 Employees who are covered by another health plan, including the dependent spouse of married City employee couples, may present proof of such coverage in order to opt -out of City coverage and receive one hundred twenty-five dollars ($125) per month in lieu of City provided health benefits. In the event an employee who has elected this option loses health coverage for any reason and notifies the City of such loss within 60 calendar days or as otherwise required in California Insurance Code Section 10965.3, the employee may enroll in any City plan when the alternate health coverage ceases. An employee may re-elect the opt -out option annually during open enrollment or may enroll in a City plan. 26.2.1.5 For all medical plans, married City employee couples shall be allowed only one (1) medical plan and only one (1) dental plan to cover all family members. Married City employee couples covered by a single two (2) party or family plan while both spouses are employed by the City may elect the opt -out option for the dependent employee. 26.2.2 Part-time employees who remain employed and are eligible for work shall be eligible for health insurance pursuant to the Federal Affordable Care Act (ACA). 35 26.2.3 Part-time employees become eligible for coverage on the first (1 st) day of the month following one (1) complete calendar month after meeting eligibility requirements in accordance with this ARTICLE. 26.3 Dental Insurance 26.3.1 The City shall sponsor prepaid and/or insured dental plans recommended by the Anaheim Health Council and approved by the City Council for all full- time employees. 26.3.2 The City's contribution towards the cost of Dental plans shall be set annually by the City Council. The City shall during the term of the MOU pay up to the maximum contribution rate in effect in 2019: Single, twenty-four dollars and ninety-nine cents per month ($24.99/mo.); 2-Party, thirty-eight dollars and ninety nine cents per month ($38.99.mo.) and Family, fifty-six dollars and three cents per month ($56.03/mo.) towards the premium cost of the plan selected by the employee. Employees shall be required to contribute one hundred percent (100%) of any excess amount over the contribution set by the City Council. 26.4 Life Insurance 26.4.1 Basic Life Group Term Life Insurance for Basic, Dependent, and Supplemental Life Insurance Coverage: 26.4.1.1 The City shall make available group term life insurance for basic life, dependent life, and supplemental life insurance coverage for full-time employees. 26.4.1.2 The City's dollar contribution to the program and benefits of such program are specified in the Life Insurance Plan agreed upon by the City and the City's insurance provider. 26.4.2 Voluntary Accidental Death and Dismemberment Insurance: 26.4.2.1 The City shall make available voluntary accidental death and dismemberment insurance coverage for full-time employees. 26.4.2.2 The City's dollar contribution to the program and benefits of such program are specified in the Life Insurance Plan agreed upon by the City and the City's insurance provider. 26.4.3 Paid -Up Life Insurance TO 26.4.3.1 Any full-time employee who retires shall receive a Paid -up Life Insurance Policy, paid for wholly by the City, with a face value of one hundred dollars ($100.00) for each complete continuous 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). 26.4.4 Permanent and Total Disability Life Insurance 26.4.4.1 Full-time employees who are permanently and totally disabled shall receive a waiver of premium for life insurance coverage elected prior to the disability. 26.4.4.2 Waiver of premiums and continuation of coverage will continue as specified in the Life Insurance Plan agreed upon by the City and the City's insurance provider. 26.5 Pension and Deferred Compensation 26.5.1 California Public Employee's Retirement System (Ca1PERS): For the purpose of this ARTICLE, employees who are not considered "new members" within the meaning of the Public Employees' Pension Reform Act (hereinafter, "PEPRA"), are referred to as "Classic" members; and those employees who are considered "New Members" within the meaning of PEPRA, are considered "PEPRA" members. 26.5.1.1 Full-time employees immediately become members of Ca1PERS in accordance with the contract between the City and CalPERS and subject to the California Public Employees' Retirement Law (hereinafter, "PERL"). 26.5.1.2 Part-time employees working an average of thirty (30) hours per week on an ongoing basis or who work more than one thousand (1,000) hours in any given fiscal year or those otherwise required to be enrolled in Ca1PERS shall be enrolled in Ca1PERS in accordance with the contract between the City and Ca1PERS and subject to PERL. 26.5.1.3 Employees who are "Classic" Ca1PERS members shall contribute the total eight percent (8%) required member contribution rate for retirement benefits and shall be enrolled in the Public Employee's Retirement Defined Benefit Plan of 2.7% at 55. 26.5.1.3.1 A portion of the employer rate shall be paid by the employee, as provided by the various resolutions 37 recommended by the Human Resource Director and approved by City Council. Effective July 3, 2015, the employee contribution to the employer contribution rate shall be capped at four percent (4%). 26.5.1.4 Employees who are PEPRA members shall contribute the required amount determined by Ca1PERS to be fifty percent (501/o) of the normal cost of the plan and shall be enrolled in the Public Employee's Retirement Defined Benefit Plan of 2% at 62. 26.5.2 Deferred Compensation Plan for employees not covered by Ca1PERS 26.5.2.1 Part-time employees not eligible to enroll in Ca1PERS are mandatorily enrolled in the City's deferred compensation plan in accordance with the Deferred Compensation Plan document. 26.5.2.2 Employees mandatorily enrolled in the plan shall contribute seven and one-half percent (7 %%) of their gross pay. 26.5.3 Employees hired on or after January 1, 2013 that are subject to the salary cap defined by PEPRA, shall participate in a supplemental savings plan. 26.6 Retirement Health Savings Plan 26.6.1 The City established the Retirement Health Savings plan to provide for reimbursement of eligible medical expenses as defined by the Retirement Health Savings plan document. 26.6.2 Full-time employees shall be enrolled in the City's Retirement Health Savings plan. 26.6.2.1 The City shall contribute two percent (2%) of each employee's base pay to the applicable employee's individual member account. 26.6.2.2 Effective the first pay period ending in January 2025, the City shall contribute three percent (3%) of the employee's base pay to the applicable employee's individual member account. 26.6.3 There are no vesting requirements for contributions made to an employee's individual member account. ARTICLE 27—POST RETIREMENT MEDICAL BENEFITS 38 27.1 Purpose 27.1.1 An employee (as defined in this ARTICLE) who serves in one (1) or more additional positions also eligible for benefits under this ARTICLE, shall be entitled to a single benefit hereunder. 27.1.2 Employees who are receiving a post -retirement medical benefit from the City shall continue to receive such benefits in accordance with the post -retirement medical benefits provisions that were in effect at the time of their retirement. 27.2 Benefit Requirements 27.2.1 Regular, full-time employees covered by this ARTICLE who are enrolled as a subscriber in a City -sponsored health plan at the time of separation from ANAHEIM service shall be eligible to participate in any City sponsored health plan (medical and dental) as a retiree subject to the following terms and conditions: 27.2.1.1 The employee must be credited with at least five (5) years of continuous, full-time City service on the date of retirement, and 27.2.1.2 The employee must have been awarded a retirement from Ca1PERS as the reason for separation from City service, and 27.2.1.3 Ca1PERS retirement benefits must commence no later than the first (1 st) day of the month following the date of separation from City service, or 27.2.1.4 The employee must have been awarded a disability retirement from Ca1PERS as the reason for separation from City service. 27.3 Contributions 27.3.1 For all regular, full-time employees hired prior to January 1, 1996 who meet the requirements for participation in any City sponsored health plan as a retiree, the City shall provide separate contributions towards the premium costs of the City sponsored medical and/or dental plans elected by the employee according to the following schedule: 39 27.3.1.1 For service retirements, the contributions shall be a percentage of the annual contributions made by the City on behalf of active employees, the percentage equal to one and one-half (1 ''/z) times the miscellaneous two percent at sixty (2% @ 60) Ca1PERS retirement schedule to a maximum contribution of ninety-five percent (95%) based on the employee's age at retirement and City service accrued through December 31, 2005. City service shall be calculated to the nearest complete one -quarter (1 /4) year. 27.3.1.2 For Disability Retirements, the contribution shall be a percentage of the annual contributions made by the City 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 City service accrued through December 31, 2005. City service shall be calculated to the nearest complete one quarter (1/4) year. 27.3.1.3 In the event an employee is eligible for both a Service and a Disability Retirement benefit under this ARTICLE, the employee shall receive the Service Retirement benefit. 27.3.1.4 The City contribution shall be based on the Two -Party or Family rate only for those employees who properly enroll a dependent spouse or registered domestic partner and/or other family members prior to retirement and shall continue only as long as the retiree maintains coverage for such dependents in City sponsored health plans. Nothing in this ARTICLE shall prevent a retiree from properly enrolling new dependents at the retiree's cost. 27.4 Health Plans 27.4.1 The following conditions shall apply to all retirees who are participating in City sponsored health plans: 27.4.1.1 Retirees shall be required to enroll in Medicare Parts A and B upon establishing eligibility. Failure to enroll when eligible will result in cancellation of coverage. 27.4.1.2 The full value of any Medicare credits provided to the City or Medicare surcharges imposed on the City by virtue of a retiree's participation or non -participation in Medicare shall be passed on to the retiree in the form of reduced or increased premium costs. 27.4.1.3 The surviving spouse or registered domestic partner of the retiree may continue coverage under the same terms and conditions provided that the surviving spouse or registered domestic partner 40 was properly enrolled at the time of the employee's retirement and that dependent coverage was continuously maintained during the employee's retirement. 27.4.1.4 Once cancelled for any reason, coverage shall not be reinstated. 27.4.1.5 Coverage shall be cancelled for non-payment of fees after three (3) months in arrears. 27.4.1.6 There shall be "Coordination of Benefits" where other insurance exists. 27.4.1.7 Retirees may change plans and add dependents only during an open enrollment period, except that the surviving spouse or registered domestic partner of a retiree may not enroll a new spouse or registered domestic partner. 27.4.1.8 ANAHEIM shall provide retirees access to ANAHEIM sponsored health plans at the same rates provided to all other retired employees of ANAHEIM. ARTICLE 28—MISCELLANEOUS BENEFITS AND SERVICE AWARDS 28.2 Service awards shall be presented to full-time employees for the following years of service: 1. Five (5) 2. Ten (10) 3. Fifteen (15) 4. Twenty (20) 5. Twenty-five (25) 6. Thirty (30) 7. Thirty-five (35) 8. Forty (40) 28.3 Such service awards shall also be presented to any full-time employee upon the employee's retirement. 28.4 For purposes of this ARTICLE, the term "years of service," shall be defined as continuous, full-time service. ARTICLE 29—PAYROLL DEDUCTIONS 41 29.1 Deductions of authorized amounts may be made from employee's pay for the following purposes: 29.1.1 Withholding Tax 29.1.2 Contribution to retirement benefits 29.1.3 Contribution to survivors' benefit 29.1.4 Payment of life insurance and accidental death and dismemberment insurance premium 29.1.5 Payment of non -industrial disability insurance premium 29.1.6 Payment of hospitalization and major medical insurance premium 29.1.7 Contributions to the City Employees Annual Charities Fund Drive 29.1.8 Payment of membership dues to recognized employee organizations. 29.1.9 Payment of Personal Computer Purchase Program Loan 29.1.10 Payment of Tuition Assistance 29.1.11 Payment of Deferred Compensation Loans 29.1.12 (Voluntary) Contributions to the UNION's Injured Worker's Charitable Fund 29.1.13 (Voluntary) Contributions to the UNION's Political Action Committee 29.1.14 Other Purposes as may be authorized by the City Council 29.2 Employees may only designate or revise a deduction to the UNION's Injured Worker's Charitable Fund once per year between January 10 and 20. 29.3 Employees must make and maintain arrangements for the direct deposit of paychecks into the financial institution of their choice via electronic fund transfer. Employees not participating in direct deposit as of July 1, 2023 shall not be required to participate unless and until such employees voluntarily begin participation. ARTICLE 30—EMPLOYMENT MEDICAL AND PHYSICAL EXAMINATIONS 30.1 In order to be eligible for employment with the City, candidates shall be required to pass a medical evaluation, the character of which is in accordance with the standards established by the Human Resources Director. 30.2 In order to be eligible for promotion or transfer to a job class in a category requiring different physical qualifications than the employee's present job class, an employee must pass the appropriate medical examination. 30.3 All physical and medical examinations required under the provisions of this ARTICLE shall be performed by a physician in active practice licensed by California State Law and within the scope of the physician's practice as defined by California State Law. 42 30.3.1 Exceptions to the provisions of ARTICLE 30.3 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. 30.4 The City shall pay for any physical and medical examination required under the provisions of this ARTICLE. 30.5 Employees as designated by the City Manager may undergo a medical examination in accordance with guidelines established by the City Manager. 30.6 Any employee who returns to work after an absence in excess of forty (40) consecutive working hours due to illness or physical incapacity or who has been removed from the workplace under provisions of Administrative Regulation 277, may be required by the employee's Executive Manager to undergo a medical examination prior to returning to work. 30.7 Any employee who fails to pass a medical examination required under the provisions of this ARTICLE may be transferred or demoted to a position requiring lesser physical qualifications, recommended for disability retirement, or terminated. ARTICLE 31—GRIEVANCE PROCEDURE 31.1 The dispute resolution procedures set forth in this ARTICLE are intended for use by ANAHEIM and the UNION as the parties to this MOU. No grievance may be brought under this ARTICLE unless specifically authorized in writing by the UNION. Nothing herein is intended to restrict or limit an employee from exercising any right he/she may otherwise possess under the law, independent of this MOU. 31.2 Any alleged violation of the terms and conditions of this MOU, any alleged improper treatment of an employee, or any alleged violation of commonly accepted safety practices and procedures brought forward by the UNION shall be considered to be a matter subject to review through the grievance procedure and settled in accordance with the provisions of this ARTICLE. ANAHEIM and the UNION may agree that any alleged violation of the MOU that requires interpretation of the MOU language or a past practice shall first be submitted to non -binding mediation, prior to any submission to arbitration. This language is not intended to impede or delay the arbitration process. 31.2.1 ARTICLE 13.5 provides for an accelerated procedure under the provisions of this ARTICLE when an employee is dismissed. 43 31.2.2 Disputes related to benefits and procedures provided for under the Workers' Compensation Laws of California or which fall within the jurisdiction of the Workers' Compensation Appeals Board are not subject to the grievance procedure. 31.2.3 Employees' rights to representation in grievance matters under the provisions of ARTICLE 31.2 shall be limited in the following manner: 31.2.3.1 No supervisor shall be represented in grievance matters by an employee whom he/she may supervise. 31.2.3.2 No employee shall be represented in grievance matters by a supervisor for whom he/she may work. 31.2.4 Performance evaluations of an overall rating of "Valued Contributor" or higher shall not be subject to review through the grievance process nor through the administrative review procedure set forth in ARTICLE 31.2.5. 31.2.5 In those instances where discipline is imposed other than salary reduction, suspension, demotion, or dismissal, the UNION may submit a written request for a review of the disciplinary action through an administrative review procedure. 31.2.5.1 Administrative Review Procedure: The written request must be submitted to the Human Resources Department within fourteen (14) calendar days after receipt of the notice by the employee of the disciplinary action. The Department Head under which the discipline was administered shall conduct an administrative review within fourteen (14) calendar days of submission of the written request. The Department Head shall review the disciplinary action and may affirm, reverse, or modify the disciplinary action, as the Department Head deems appropriate. The Department Head's determination shall be delivered in writing within fourteen (14) calendar days after the administrative review. The Department Head's determination shall be final and binding. 31.3 The staff officials of ANAHEIM will not recommend any revision or modification to 44 the grievance procedure without first discussing such recommendations with the UNION. 31.4 Any violation of this MOU as alleged by ANAHEIM shall be resolved between authorized representatives of ANAHEIM and the UNION. In the event that the parties cannot resolve the dispute, the dispute shall, upon the request of either ANAHEIM or the UNION, be referred to an impartial arbitrator for a final and binding decision. 31.5 All expenses of any arbitration shall be borne equally by ANAHEIM and the UNION. Each party, however, will be responsible for its own cost of representation and related costs of representation. 31.6 Employee grievances submitted by the UNION to ANAHEIM shall be handled in the following manner: 31.6.1 Step I. Step I grievances shall be submitted in writing to the Human Resources Director within fourteen (14) calendar days after the occurrence of the incident involved in the grievance. An attempt shall be made to adjust all grievances on an informal basis between the employee, his/her UNION representative, and the appropriate Assistant General Manager or Deputy Director, within fourteen (14) calendar days after the occurrence of the incident involved in the grievance. The Assistant General Manager or Deputy Director shall deliver a response within fourteen (14) calendar days after conducting the Step I meeting. 31.6.1.1 Grievances resulting from the actions of a department other than an employee's work unit shall be heard by the Assistant General Manager or Deputy Director of the department in which the grievable action is alleged to have occurred. 31.6.2 Step II. If the grievance is not adjusted to the satisfaction of the UNION in Step I, it shall be submitted in writing to the Department Head within fourteen (14) calendar days after the Step I answer is received by the UNION. The Department Head shall meet with the employee and the UNION representative within fourteen (14) calendar days after receipt of the Step II grievance. The Department Head shall review the grievance and may affirm, reverse, or modify the Step I decision. The Step II response shall be delivered to the UNION within fourteen (14) calendar days after said meeting. 31.6.2.1 Step II grievances falling under 31.6.1.1 shall be referred to the Department Head for the department in which the grievable action is alleged to have occurred with the same timeline as provided in 31.6.22. 45 31.6.3 Step III. If the UNION is not satisfied with the response provided at Step II, the grievance shall be submitted to an impartial arbitrator for a final and binding decision, provided the UNION submits its written request for arbitration to the City. Such submission must occur within thirty (30) calendar days after the Step II response is received. 31.6.3.1 ANAHEIM and the UNION may 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. 31.7 In order to proceed to arbitration, either ANAHEIM or the UNION shall serve written notice to the other party specifying the grievance to be submitted. 31.7.1 Such written notice must be submitted no later than thirty (30) calendar days after the Step II answer is received by the other party. 31.7.2 ANAHEIM and the UNION shall thereafter attempt to resolve the issue and select an impartial arbitrator. If an arbitrator cannot be agreed upon, ANAHEIM and the UNION shall request a panel from the California State Mediation and Conciliation Service or any other mutually agreed upon provider. If ANAHEIM and/or the UNION fail(s) to submit jointly, or separately, the issue to the agreed upon arbitrator, the California State Mediation and Conciliation Service, or any other mutually agreed upon provider within thirty (30) calendar days after the written notice to proceed to arbitration is received, then either ANAHEIM or the UNION may take action to compel arbitration. Failure to take action to compel arbitration within sixty (60) calendar days after written notice to the other party specifying the grievance to be submitted will conclusively be deemed abandonment of the right to compel arbitration. 31.8 The arbitrator's decision shall be final and binding on both ANAHEIM and the UNION, 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 ANAHEM and the UNION and that the arbitrator's award shall be consistent with and controlled by this MOU, Ordinances and Charter of the City of Anaheim, and the laws and Constitution of the State of California. 31.8 The parties will request the arbitrator to render a decision in writing as quickly as possible, but in no event later than thirty (30) calendar days after the conclusion of the hearing, unless the parties agree otherwise. 31.8.1 Any grievance not presented and/or carried forward by the UNION within the time limits specified in this ARTICLE shall be deemed null 46 and void, provided, however, the UNION and ANAHEIM may agree to continue said time limits. 31.8.2 If the City does not provide a response to Step 1 or Step 2 of the grievance process within the prescribed deadline and the parties have not otherwise agreed to extend the prescribed deadline, the grievance shall be deemed denied and will proceed to the next step. 31.9 Any adoption, deletion, or revision of ANAHEIM policy shall not be considered to be a matter subject to review through the grievance procedure. 31.10 An employee who has been suspended, demoted, or dismissed may be reinstated to the employee's position as a result of a successful appeal through the grievance procedure. In the event of such reinstatement, the employee shall be returned to the employee's former status of employment, including reinstatement of seniority and accrued fringe benefits. In such cases, the City Manager may order the payment of back pay to an employee reinstated by an impartial arbitrator in any amount up to payment for the full period of time involved. In implementing a Step III award, the City Manager shall order the payment of back pay to a reinstated employee in the amount provided in the Step III award. It shall be conclusively presumed that there is no award of back pay to a reinstated employee unless specifically set forth in the Step III award. Any earnings of the reinstated employee from other employment during the period of suspension shall be deducted from the amount of back pay awarded. 31.11 In the event anytime period specified in this section ends on a holiday, a day recognized in lieu of a holiday, a Saturday, or Sunday, the time period shall be extended to the first day occurring after such days that is not a holiday, a day recognized in lieu of a holiday, a Saturday or a Sunday. ARTICLE 32—ADMINISTRATIVE LEAVE 32.1 Effective January 1, 2023, each full-time employee shall receive two (2) days of administrative leave. Effective the first day of the pay period following City Council approval of this 2023-2026 MOU, full-time employees shall receive one (1) additional day of administrative leave. Effective each January 1 thereafter, each full- time employee shall receive three (3) days of administrative leave. 32.1.1 Full-time employees who begin employment after January 1 but on or before June 30 of each calendar year shall receive two (2) days of administrative leave for that calendar year and three (3) days of administrative leave each January 1 thereafter. Full-time employees who begin employment between July 1 and December 31 shall receive one (1) day of administrative leave for that calendar year and three (3) days of administrative leave each January 1 thereafter. 47 32.2 Administrative leave has no monetary value, cannot be cashed -out, cannot be carried over, and must be used by the end of the calendar year. 32.3 Administrative leave shall be scheduled and taken in accordance with the best interests of the City and the department or division in which the employee is employed. 32.4 Employees will be eligible to use administrative leave hours upon completion of six (6) months of service with the City. 32.5 Use of administrative leave does not count towards usage criteria for the cash out of vacation hours pursuant to Article 19 - Vacation. ARTICLE 33—PERSONAL PROTECTIVE EQUIPMENT 33.1 Subject to the approval of the applicable department Safety Program Manager and the City Safety Manager, the City shall provide a reimbursement of up to $300 to all employees who are required to wear safety boots with protective caps that meet or exceed standards established by ANAHEIM. The City shall reimburse employees for replacement safety boots as reasonably required. 33.2 The City shall provide prescription safety glasses in accordance with City Administrative Regulation (AR) 275. ARTICLE 34 — PERSONNEL FILES 34.1 Access 34.1.1 An employee, alone or accompanied by a UNION representative, shall have the right to review the employee's Personnel File maintained by Human Resources or the employee's Department. Alternatively, an employee may authorize a UNION representative in writing to conduct such a review. 34.1.2 An employee or designated UNION representative must provide reasonable notice and shall schedule an appointment with the employee's Department or the Human Resources Department to inspect and/or to obtain a copy of records from the Personnel File. All inspection shall be completed in accordance with applicable City policy and the law. 34.1.3 Upon request, ANAHEIM shall provide one copy of records from the Personnel File, limited to once per calendar year, without charge to an employee or 48 designated UNION representative within a reasonable timeframe, if properly authorized by the employee. An employee's written authorization must specify the records to be released and to whom they are to be released. ANAHEIM may verify any written authorizations. 34.2 Placement of Material in Personnel Files 34.2.1 No disciplinary material shall be inserted in an employee's Human Resources Personnel File without the employee's prior notice. 34.2. If an employee feels any records contained in the employee's Department or Human Resources Personnel File are detrimental to the record, the employee shall have the right to place into the Personnel File written comments or explanations concerning these documents. 34.2. Any employee may request that material pertinent to the employee's employment be placed into the employee's Department or Human Resources Personnel File. 34.3 For this purpose of this Article, "Personnel File" shall be defined in accordance with Administrative Regulation 206. ARTICLE 35—PROFESSIONAL EDUCATION AND LICENSES 35.1 ANAHEIM shall pay for the following as required for continuing employment: all professional licenses, including renewal costs or fees, certifications, and professional and technical education courses. Professional and occupational licenses, certifications, and education courses that are related to an employee's position but not required by the minimum training and requirements for the position may be paid by the City at the discretion of an employee's Department Head. ARTICLE 36—TRAVEL AND MILEAGE REIMBURSEMENT 36.1 The City shall provide travel and mileage reimbursement in accordance with City Administrative Regulation (AR) 335. ARTICLE 37—NO STRIKE 37.1 It is agreed and understood that there will be no strike, work stoppage, slow -down, 49 or refusal or failure to fully and faithfully perform job functions and responsibilities, or other interference with the operations of the City by the UNION or by its officers, agents, or unit members during the term of this MOU, including compliance with the request of other labor organizations to engage in such activity. ARTICLE 38—CONSTRUCTION 38.1 Nothing in this MOU shall be construed to deny any person or employee the rights granted by federal and state laws and City Charter provisions. The rights, powers and authority of the Anaheim City Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by this MOU. The provisions of this MOU are not intended to conflict with the provisions of Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500, et seq.) ARTICLE 39—SAVINGS CLAUSE 39.1 The resolution of ANAHEIM shall provide that if any provision of this MOU or the resolution is at any time, or in any way, held to be contrary to any law by any court of proper jurisdiction, the remainder of this MOU and the remainder of the resolution shall not be affected thereby, and shall remain in full force and effect. ARTICLE 40—DURATION 40.1 This MOU shall be in full force and effect as of the first day of the pay period following adoption of a resolution approving this MOU and the teens hereof by the City Council of the City of Anaheim. The terms of this Memorandum are to remain in full force and effect until the 151h day of January 2026. STAFF OFFICIALS CITY OF ANAHEIM, a Municipal Corporation Dated: A�0_ $I �3,'-Z S INTERNATIONAL BROTHERHOOD OF THE OF ELECTRICAL WORKERS, LOCAL 47, Professional Management Unit & Part -Time Management Unit By:�J By: By: g(23� z3 By: C2""U ���3i ZuZ3 IM APPENDIX "A" — BARGAINING UNIT CLASSIFICATIONS IBEW, LOCAL 47 PROFESSIONAL MANAGEMENT UNIT (FULL- TIME) CLASSIFICATIONS Assistant Power Engineer Associate Engineer Associate Power Engineer Associate Transportation Planner Construction Contracts Specialist Electric Systems Designer Power Systems Planning Specialist Principal Civil Engineer Principal Electric Systems Designer Principal Power Systems Planning Engineer Principal Traffic Engineer Principal Transportation Planner Real Pro ert3- Analyst SCADA Systems Analyst I SCADA Systems Analyst II SCADA Systems Analyst III Senior Civil Engineer Senior Electric Systems Designer Senior Power Systems Planning Engineer Senior Power Systems Planning Specialist Water Inspection Supervisor W, LOCAL 47 PART-TIME AGEMENT UNIT Assistant Power Engineer Electric Systems Designer F Principal Electric Systems esigner 52 APPENDIX "B" — SPECIAL PROVISIONS A.1 Only those employees who are active City employees serving in classifications represented by UNION at the time of approval of this 2023-2026 MOU by City Council shall be eligible to receive any compensation associated with changes to this Agreement. A.2 All modifications within this Agreement shall be effective September 1, 2023, unless otherwise expressly provided herein. A.3 Effective the first day of the pay period beginning January 20, 2023, ANAHEIM shall provide a base salary increase of five percent (5.0%). A.2 Effective the first day of the pay period that includes January 20, 2024, ANAHEIM shall provide a base salary increase of four percent (4.0%). A.3 Effective the first day of the pay period that includes January 20, 2025, ANAHEIM shall provide a base salary increase of four percent (4.0%). A.4 Non -substantive revisions to republish the information contained in Appendix "C" - Wages to comply with the requirements of California Code of Regulations section 570.5 may be made only after notification to IBEW, Local 47 Management. 53 APPENDIX "C" - WAGES EFFECTIVE JANUARY 20, 2023 INCORPORATING 5.0 % INCREASE FULL-TIME CLASSIFICATION ANNUAL SALARY RANGES TITLE CODE TITLE GRADE MINIMUM 80% MARKET 100% CONTROL 110% MAXIMUM 115% K19 Assistant Power Engineer XIR10 85,354 106,693 117,362 122,697 K20 Associate Engineer XIR12 94,103 117,629 129,392 135,273 K21 Associate Power Engineer XIR14 103,749 129,686 142,655 149,139 N56 Associate Transportation Planner XIR12 94,103 117,629 129,392 135,273 H34 Construction Contracts Specialist XIR12 94,103 117,629 129,392 135,273 203 Electric Systems Designer XIR12 94,103 117,629 129,392 135,273 K23 Power Systems Planning Specialist XIR11 89,622 112,028 123,231 128,832 G65 Principal Civil Engineer XIR16 114,383 142,979 157,277 164,426 M94 Principal Electric Systems Designer XIR16 114,383 142,979 157,277 164,426 K80 Principal Power Systems Planning Engineer XIR20 XIR16 139,034 173,792 191,171 199,861 G66 Principal Traffic Engineer 114,383 142,979 157,277 164,426 H79 Principal Transportation Planner XIR16 114,383 142,979 157,277 164,426 K06 Real Property Analyst XIR12 94,103 117,629 129,392 135,273 N99 SCADA Systems Analyst I XIR12 94,103 117,629 129,392 135,273 146 SCADA Systems Analyst II XIR14 103,749 129,686 142,655 149,139 147 SCADA Systems Analyst III XIR16 114,383 142,979 157,277 164,426 N37 Senior Civil Engineer XIR14 103,749 129,686 142,655 149,139 G51 Senior Electric Systems Designer XIR14 103,749 129,686 142,655 149,139 N96 Senior Power Systems Planning Engineer XIR18 126,107 157,634 173,397 181,279 002 Senior Power Systems Planning Specialist XIR15 108,936 136,170 149,787 156,596 M24 Water Inspection Supervisor XIR11 89,622 112,028 123,231 128,832 PART-TIME CLASSIFICATION HOURLY SALARY RANGES TITLE 1 MINIMUM MARKET CONTROL MAXIMUM TITLE GRADE CODE 80% 100% 110% 115% S02 PT Assistant Power Engineer XIR10 41.04 51.29 56.42 58.99 874 PT Electric Systems Designer XIR12 45.24 56.55 62.21 65.04 S55 PT Principal Electric Systems XIR16 54.99 68.74 75.61 79.05 Designer 54 IBEW MANAGEMENT - APPENDIX "C" WAGES EFFECTIVE SEPTEMBER 1, 2023 UPDATING MAXIMUM TO 120% FULL-TIME CLASSIFICATION ANNUAL SALARY RANGES TITLE CODE TITLE GRADE MINIMUM 80% MARKET 100% CONTROL 110% MAXIMUM 120% K19 Assistant Power Engineer XIR10 85,354 106,693 117,362 128,032 K20 Associate Engineer XIR12 94,103 117,629 129,392 141,155 K21 Associate Power Engineer XIR14 103,749 129,686 142,655 155,623 N56 Associate Transportation Planner XIR12 94,103 117,629 129,392 141,155 H34 Construction Contracts Specialist XIR12 94,103 117,629 129,392 141,155 203 Electric Systems Designer XIR12 94,103 117,629 129,392 141,155 K23 Power Systems Planning Specialist XIR11 89,622 112,028 123,231 134,434 G65 Principal Civil Engineer XIR16 114,383 142,979 157,277 171,575 M94 Principal Electric Systems Designer XIR16 114,383 142,979 157,277 171,575 K80 Principal Power Systems Planning Engineer XIR20 139,034 173,792 191,171 208,550 G66 Principal Traffic Engineer XIR16 114,383 142,979 157,277 171,575 H79 Principal Transportation Planner XIR16 114,383 142,979 157,277 171,575 K06 Real Property Analyst XIR12 94,103 117,629 129,392 141,155 N99 SCADA Systems Analyst I XIR12 94,103 117,629 129,392 141,155 146 SCADA Systems Analyst II XIR14 103,749 129,686 142,655 155,623 147 SCADA Systems Analyst III XIR16 114,383 142,979 157,277 171,575 N37 Senior Civil Engineer XIR14 103,749 129,686 142,655 155,623 G51 Senior Electric Systems Designer XIR14 103,749 129,686 142,655 155,623 N96 Senior Power Systems Planning Engineer XIR18 126,107 157,634 173,397 189,161 002 Senior Power Systems Planning Specialist XIR15 108,936 136,170 149,787 163,404 M24 Water Inspection Supervisor XIR11 89,622 112,028 123,231 134,434 PART-TIME CLASSIFICATION HOURLY SALARY RANGES TITLE MINIMUM MARKET CONTROL MAXIMUM TITLE GRADE CODE 80% 100% 110% 120% S02 PT Assistant Power Engineer XIR10 41.04 51.29 56.42 61.55 874 PT Electric Systems Designer XIR12 45.24 56.55 62.21 67.86 S55 IPT Principal Electric Systems XIR16 54.99 68.74 75.61 82.49 Designer 55 IBEW MANAGEMENT - APPENDIX "C" WAGES EFFECTIVE JANUARY 19, 2024 INCORPORATING 4.0 % INCREASE FULL-TIME CLASSIFICATION ANNUAL SALARY RANGES M GRADE � MINIMUM 80% MARKET 100% CONTROL 110% MAXIMUM 120% K19 Assistant Power Engineer XIR10 88,767 110,959 122,055 133,151 K20 Associate Engineer XIR12 97,866 122,332 134,565 146,798 K21 Associate Power Engineer XIR14 107,897 134,871 148,358 161,845 N56 Associate Transportation Planner XIR12 97,866 122,332 134,565 146,798 H34 Construction Contracts Specialist XIR12 97,866 122,332 134,565 146,798 203 Electric Systems Designer XIR12 97,866 122,332 134,565 146,798 K23 Power Systems Planning Specialist XIR11 93,206 116,507 128,158 139,808 G65 Principal Civil Engineer XIR16 118,957 148,696 163,566 178,435 M94 Principal Electric Systems Designer XIR16 118,957 148,696 1163,566 178,435 K80 Principal Power Systems Planning Engineer XIR20 144,594 180,742 198,816 216,890 G66 Principal Traffic Engineer XIR16 118,957 148,696 163,566 178,435 H79 Principal Transportation Planner XIR16 118,957 148,696 163,566 178,435 K06 Real Property Analyst XIR12 97,866 122,332 134,565 146,798 N99 SCADA Systems Analyst I XIR12 97,866 122,332 134,565 146,798 146 SCADA Systems Analyst II XIR14 107,897 134,871 148,358 161,845 147 SCADA Systems Analyst III XIR16 118,957 148,696 163,566 178,435 N37 Senior Civil Engineer XIR14 107,897 134,871 148,358 161,845 G51 Senior Electric Systems Designer XIR14 107,897 134,871 148,358 161,845 N96 Senior Power Systems Planning Engineer XIR18 131,150 163,938 180,332 196,726 002 Senior Power Systems Planning Specialist XIR15 113,292 141,615 155,777 169,938 M24 Water Inspection Supervisor XIR11 93,206 116,507 128,158 139,808 PART-TIME CLASSIFICATION HOURLY SALARY RANGES TITLE MINIMUM MARKET CONTROL MAXIMUM. TITLE GRADE CODE 80% 100% 110% 120% S02 PT Assistant Power Engineer XIR10 42.68 53.35 58.68 64.01 874 PT Electric Systems Designer XIR12 47.05 58.81 64.69 70.58 S55 PT Principal Electric Systems XIR16 57.19 71.49 78.64 85.79 Designer 56 IBEW MANAGEMENT - APPENDIX "C" WAGES EFFECTIVE JANUARY 17, 2025 INCORPORATING 4.0 % INCREASE FULL-TIME CLASSIFICATION ANNUAL SALARY RANGES TITLE CODE TITLE GRADE MINIMUM 80% MARKET 100% CONTROL 110% MAXIMUM 120% K19 Assistant Power Engineer XIR10 92,318 115,397 126,937 138,476 K20 Associate Engineer XIR12 101,780 127,225 139,948 152,670 K21 Associate Power Engineer XIR14 112,212 140,265 154,292 168,318 N56 Associate Transportation Planner XIR12 101,780 127,225 139,948 152,670 H34 Construction Contracts Specialist XIR12 101,780 127,225 139,948 152,670 203 Electric Systems Designer XIR12 101,780 127,225 139,948 152,670 K23 Power Systems Planning Specialist XIR11 96,934 121,167 133,284 145,400 G65 Principal Civil Engineer XIR16 123,714 154,642 170,106 185,570 M94 Principal Electric Systems Designer XIR16 123,714 154,642 170,106 185,570 K80 Principal Power Systems Planning Engineer XIR20 150,375 187,969 206,766 225,563 G66 Principal Traffic Engineer XIR16 123,714 154,642 170,106 185,570 H79 Principal Transportation Planner XIR16 123,714 154,642 170,106 185,570 K06 Real Property Analyst XIR12 101,780 127,225 139,948 152,670 N99 SCADA Systems Analyst I XIR12 101,780 127,225 139,948 152,670 146 SCADA Systems Analyst II XIR14 112,212 140,265 154,292 168,318 147 SCADA Systems Analyst III XIR16 123,714 154,642 170,106 185,570 N37 Senior Civil Engineer XIR14 112,212 140,265 154,292 168,318 G51 Senior Electric Systems Designer XIR14 112,212 140,265 154,292 168,318 N96 Senior Power Systems Planning Engineer XIR18 136,394 170,493 187,542 204,592 002 Senior Power Systems Planning Specialist XIR15 117,822 147,278 162,006 176,734 M24 Water Inspection Supervisor XIR11 96,934 1 121,167 133,284 145,400 PART-TIME CLASSIFICATION HOURLY SALARY RANGES TITLE MINIMUM MARKET CONTROL MAXIMUM TITLE GRADE CODE 80% 100% 110% 120% S02 PT Assistant Power Engineer XIR10 44.38 55.48 61.03 66.58 874 PT Electric Systems Designer XIR12 48.93 61.17 67.28 73.40 S55 IPT Principal Electric Systems XIR16 59.48 74.35 81.78 89.22 Designer 57 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. 2023-073 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 29'h day of August, 2023 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 301h day of August. 2023. C - - CITY CLERK OF THE CITY OF ANAHEIM (SEAL)