RES-2024-101RESOLUTION NO. 2024 - 101
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM APPROVING A
LETTER OF UNDERSTANDING BETWEEN
THE ANAHEIM POLICE ASSOCIATION AND
THE CITY OF ANAHEIM TO EXTEND THE
JUNE 28, 2019 THROUGH JULY 3, 2025
MEMORANDUM OF UNDERSTANDING, AND
AMENDING RESOLUTION NO. 2020-023
WHEREAS, the Memorandum of Understanding ("MOU") between the City of
Anaheim and the Anaheim Police Association, adopted by Resolution No. 2020-023, sets forth the
compensation, benefits, and other terms and conditions of employment for employees represented
by the Anaheim Police Association; and
WHEREAS, a Letter of Understanding is required to amend the current MOU and
authorize a one year extension of the June 28, 2019 through July 3, 2025 MOU until June 30, 2026;
and
WHEREAS, a Letter of Understanding is required to revise the rates of
compensation, reduce the Mandatory Permanent Modified Duty Program to two positions and
eliminate the remaining two (2) positions and the Mandatory Permanent Modified Duty Program
on September 30, 2025, with all other terms and conditions of the MOU remaining in effect during
the contract extension; and
WHEREAS, the City and the Anaheim Police Association have met and conferred
in good faith, and as a result thereof, a Letter of Understanding dated September 16, 2024, between
the parties has been prepared and signed; and
WHEREAS, the City Council of the City of Anaheim fords that approval of the
Letter of Understanding between the City of Anaheim and the Anaheim Police Association 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 Letter of Understanding dated September 16, 2024, between the City of Anaheim
and the Anaheim Police Association, a copy of which is attached hereto and incorporated by
reference herein, is hereby approved.
BE IT FURTHER RESOLVED that the Human Resources Director shall be
delegated with the authority to publish the authorized salary schedule in said Letter of
Understanding and Memorandum of Understanding in any format meeting the requirements of
California Code of Regulations section 570.5.
BE IT FURTHER RESOLVED that Resolution No. 2020-023 is hereby amended
effective September 24, 2024.
The City Clerk shall certify the adoption of this Resolution.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 241h day of September 2024, by the following roll call vote:
AYES: Mayor Aitken and Council Members Kurtz, Diaz,
Leon, Rubalcava, Faessel and Meeks
NOES: None
ABSENT: None
ABSTAIN: None
/aLvta -
'IdAYOR OF CITY OF ANAHEIM
ATTEST:
Y LERV, OF THE CITY OP ANAHEIM
LETTER OF UNDERSTANDING
between the
ANAHEIM POLICE ASSOCIATION
and the
CITY OF ANAHEIM
The Anaheim Police Association ("APA") and the City of Anaheim ("ANAHEIM" or
"City"), herein referred to as the "PARTIES," have met and conferred and reached an
agreement to amend the June 28, 2019 through July 3, 2025 Memorandum of
Understanding ("MOU") between the APA and the City of Anaheim as provided below.
1. Article 70 — Duration
The term of the MOU shall be extended through June 30, 2026.
2. Article 59 — Mandatory Permanent Modified Duty Program ("PMD Program")
The PARTIES agree to eliminate the PMD Program as follows:
a. No further employees shall be admitted into the PMD Program effective
immediately.
b. The parties agree to maintain two positions in the PMD program until
September 30, 2025.
c. As soon as practicable, but no later than 60 days of City Council approval, the
City shall notify, one -by -one, the current nine (9) PMD participants the option of
either filing for an Industrial Disability Retirement ("IDR"), having the City file
for an IDR on their behalf, or filling one of the two remaining positions in the
PMD program. PMD participants shall have two (2) weeks from the date of offer
to accept or deny an IDR. Offers shall be made on the basis of seniority based on
time spent in the PMD program, until the two remaining positions have been
filled.
d. The City and employees shall follow the IDR process and requirements as
established by the California Public Employees' Retirement System (Ca1PERS)
per the current application form for a disability retirement.
e. The City will take all steps necessary to gather the documents and other evidence
to make a decision on and process IDR applications. Employees may be required
to provide medical documentation concerning their eligibility for an IDR. If the
City files the application, and the employee does not cooperate by filling out the
employee portion of the application within 14 -calendars from the date of notice,
the employee will move to end of the list and the City will move to the next
senior employee in the program. Upon obtaining the necessary medical
documentation, the City shall submit the required information to support the
findings of the accepted medical report(s) for the employee's substantial
incapacity to the Ca1PERS, and upon such submission, the employee is deemed
exited from the PMD program. If the employee is not certified for an IDR to
Ca1PERS, the City will engage in the interactive process with the employee, in
Pagel of 2
accordance with the Americans with Disabilities Act and the California Civil
Rights Department/Fair Employee and Housing Act.
f. Effective September 30, 2025, the two remaining PMD positions and the
PMD program shall eliminated. The process shall be the same as in paragraph
2(c) through 2(e), except that employees will not have the option of remaining in
the program based on seniority.
3. Any disputes that may arise between the parties concerning the provisions of
Section 2 herein or of the manner of winding down the PMD program, must be
resolved by agreement of the parties. If the parties are unable to reach an
agreement, they shall employ the services of a mediator from California State
Mediation and Conciliation Service to assist in resolving their dispute. If the
PARTIES are still unable to resolve their dispute following mediation, they shall
submit the matter to binding arbitration before an arbitrator mutually selected and
whose costs are jointly paid by the parties from a list of seven (7) candidates
provided by the California Public Employment Relations Board. Any appeals
concerning the Ca1PERS' decision to grant or deny an IDR shall be heard in
accordance with the Government Code section 21156.
4. Appendix "A" — Special Provisions
a. Effective June 21, 2024, ANAHEIM shall provide an additional base salary
increase of four percent (4%) as set forth in the revised MOU Appendix "A-1"
— Wages, attached, hereto. Retroactive pay for the four percent (4%) base
salary increase shall be completed within two (2) pay periods from the date of
City Council adoption of this Letter of Understanding.
b. Effective June 20, 2025, ANAHEIM shall provide a base salary increase of
five percent (5%).
5. Except as modified herein or by prior written agreement of the PARTIES, the
existing terms and provisions of the MOU shall remain unchanged, and in full
force and effect.
STAFF OFFICIALS OF THE
CITY OF ANAHEIM,
Date: 1111101god-Ll
Page 2 of 2
ANAHEM POLICE :ASSOCIATION
By:
By:
Date: q ! (r a
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. 2024-101 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 241 day of September. 2024 by the following vote of the members
thereof:
AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava,
Faessel and Meeks
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 251 day of September- 2024.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)