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RES-2015-172RESOLUTiON NO 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION PART -TIME 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 Memorandum of Understanding to be presented to the City Council for determination; and WHEREAS, the City Council of the City of Anaheim finds that approval of a new Memorandum of Understanding executed on May 6, 2015, between the Anaheim Municipal Employees Association Part -Time Unit, and the City of Anaheim in the best interest of the City of Anaheim. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Anaheim that the Memorandum of Understanding between the Anaheim Municipal Employees Association Part -Time Unit and the City of Anaheim executed by the City Management Representative and the Anaheim Municipal Employees Association Part- Time Unit, on May 6, 2015, 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 4, 2014 through January 3, 2017. BE IT FURTHER RESOLVED that Resolution No. 2010 -024 is hereby repealed effective January 4, 2014. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 13 day of May, 2015 by the following roll call vote: AYES: Council Members: Murray, Brandman and Vanderbilt NOES: None ABSENT: Mayor Tait and Mayor Pro Tem Krin`g ABSTAIN: None f {; i PAXrF THE CITY OF ANAHEIM AT TEST =-= CITY CLERK OF tHE CITY OF —A MEMORANDUM OF UNDERSTANDING between the ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION PART -TIME UNIT and the CITY OF ANAHEIM January 4, 2014 through January 3, 2017 TABLE OF CONTENTS ARTICLE2 - PURPOSE ............................................................ ..............................4 ARTICLE3 - RECOGNITION .................................................... ..............................4 ARTICLE4 - EMPLOYEE RIGHTS ........................................... ..............................4 ARTICLE 5 - MANAGEMENT RIGHTS .................................... ............................... 5 ARTICLE6 - NOTIFICATION .................................................... ..............................5 ARTICLE7 - CONSULTATION ................................................. ..............................6 ARTICLE8 - DISCUSSION ....................................................... ..............................6 ARTICLE9 - MEET & CONFER ................................................ ..............................7 ARTICLE 10 - AMEA ORGANZATION ...................................... ..............................7 ARTICLE11 - CHECK -OFF ...................................................... ..............................9 ARTICLE12 - GENERAL .......................................................... ..............................9 ARTICLE 13 - PAYROLL DEDUCTIONS ................................. .............................10 ARTICLE 14 - SALARY RELATIONSHIPS .............................. .............................10 ARTICLE 15 - COMPENSATION ............................................. .............................11 ARTICLE 16 - MULTIPLE APPOINTMENTS ........................... .............................12 ARTICLE 17 - HOURS OF WORK AND PAY DAY .................. .............................13 ARTICLE18 - APPOINTMENTS AND PROMOTIONS ............. .............................14 ARTICLE19 - PROBATION ..................................................... .............................14 ARTICLE20 - TRAINING ......................................................... .............................15 ARTICLE 21 - REDUCTION IN FORCE ................................... .............................16 ARTICLE 22 - REINSTATEMENT ............................................ .............................16 ARTICLE 23 - OTHER EMPLOYMENT .................................... .............................16 ARTICLE 24 - SERVICE PINS ................................................. .............................17 ARTICLE 25 - BILINGUAL PAY ............................................... .............................17 ARTICLE26 - PREMIUM PAY ................................................. .............................18 ARTICLE27 - STANDBY ......................................................... .............................19 ARTICLE28 - DISCIPLINE ...................................................... .............................19 ARTICLE 29 - GRIEVANCE PROCEDURE ............................. .............................20 ARTICLE 30 - EMPLOYEE AVAILABILITY & LEAVES ........... .............................22 ARTICLE 31 - MILITARY LEAVE ............................................. .............................23 ARTICLE 32 - TRAVEL AND MILEAGE EXPENSE ................ .............................23 ARTICLE 33 - HEALTH INSURANCE ...................................... .............................23 ARTICLE 34 - PENSIONS ........................................................ .............................24 ARTICLE 35 - PHYSICAL EXAMINATIONS ............................ .............................25 ARTICLE 36 - VACATION BENEFIT ........................................ .............................25 ARTICLE 37 - NOTIFICATION OF CONTRACTING OUT ....... .............................26 ARTICLE 38 - CONSTRUCTION ............................................. .............................26 ARTICLE 39 - SAVINGS CLAUSE ........................................... .............................26 ARTICLE 40 - NO STRIKE ....................................................... .............................26 ARTICLE 41 - DURATION ....................................................... .............................28 APPENDIX "A" WAGES ........................................................... .............................30 January 4, 2014 to July 2, 2015 ............................................... .............................30 July 3, 2015 to January 3, 2017 ............................................... .............................31 APPENDIX"B ......................................................................... .............................32 LETTERS OF UNDERSTANDING ........................................... .............................33 ARTICLE 1 - PREAMBLE 1.1 The wages, hours, and conditions of employment that are set forth in this Memorandum of Understanding (hereinafter WOU ") have been discussed and jointly proposed by and between the staff officials of the City of Anaheim (hereinafter "ANAHEIM ") and the Anaheim Municipal Employees Association Part-Time Unit (hereinafter "AMEX) and shall apply to all the employees of ANAHEIM working in the classifications set forth in Appendix « 1.2 The terms and conditions of employment that are set forth in this MOU have been discussed in good faith between the staff officials of ANAHEIM and AMEA. AMEA agrees to recommend acceptance by its members of all of the terms and conditions of employment as set forth herein, and the staff officials of ANAHEIM agree to recommend to the Anaheim City Council that all of the terms and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council. Upon adoption of such a resolution, all the terms and conditions of this MOU, so incorporated, shall become effective without any further action by either party. ARTICLE 2 - PURPOSE 2.1 The objectives of the parties to this MOU are to promote full communication between ANAHEIM and its employees and to promote the improvement of employer - employee relations within the municipal government by providing a uniform basis for recognizing the right of employees to join organizations of their own choice and be represented by such organizations in their employment relationships with ANAHEIM. ARTICLE 3 - RECOGNITION 3.1 ANAHEIM hereby recognizes AMEA as the bargaining representative for all its members 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, AMEA shall be kept fully informed and have the right to be present at all such meetings between ANAHEIM and the individual. ARTICLE 4 - EMPLOYEE RIGHTS 4.1 Employees shall have all rights granted to public employees under California law. Employees shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer - employee relations. Employees also have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with ANAHEIM. No employee shall be interfered with, intimidated, restrained, coerced, or discriminated against by ANAHEIM or by any employee organization because of his /her exercise of these rights. 4.2 The wages, hours, and conditions of employment that are set forth in this MOU have been discussed and jointly proposed by and between ANAHEIM and AMEA and shall apply to employees of ANAHEIM working in the classifications set forth in Appendix "A." ARTICLE 5 - MANAGEMENT RIGHTS 5.1 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. 5.2 The exercise of the foregoing powers, rights, authority, duties, and responsibilities by management; the adoption of policies, rules, regulations, and practices in furtherance thereof; and the use of judgment and discretion in connection therewith, shall be limited only by the law and by the specific and express terms of this MOU, and then only to the extent such specific and express terms are in conformance with the law. ARTICLE 6 - NOTIFICATION 6.1 Reasonable written notice shall be given by the City Management Representative to AMEA of any proposed ordinance, resolution, rule, or regulation directly relating to matters within the scope of representation to be presented to the City Council for determination„ and AMEA shall be given the opportunity to meet with the City Management Representative prior to submission to the City Council for determination. 6.2 In cases of emergency when the City Council determines that an ordinance, resolution, rule, or regulation must be adopted immediately without prior notice or meeting with AMEA, the City Management Representative shall provide such notice at the earliest practicable time following adoption of such ordinance, resolution, rule, or regulation. ARTICLE 7 - CONSULTATION 7.1 The City Management Representative, after consultation in good faith with representatives of AMEA, 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 AMEA on employer - employee relations matters which affect them, including those that are not subject to meeting and conferring. ARTICLE 8 - DISCUSSION 8.1 It is the intent of both parties to maintain an open line of communication for the betterment of employer - employee relations. Any issue not pertaining to grievances or grievable issues may be discussed by AMEA or ANAHEIM at either party's request. 8.2 A party requesting a discussion may orally or in writing notify the other party of the subject to be discussed. Thereafter, a meeting shall be promptly arranged, at which meeting not more than two (2) AMEA members and the labor representative of AMEA may be present. 8.3 If the parties are not able to resolve the issues after three (3) meetings, the issues will be considered dropped, unless both parties agree to meet additional times. 8.4 If the discussion process results in an agreement between the City Management Representative and AMEA to amend this MOU, such agreement shall be incorporated in a written Letter of Understanding (hereinafter "LOU "), signed by the City Management Representative and AMEA representatives. The matters incorporated in the LOU shall be presented to the City Council, or its statutory representative, for determination. ARTICLE 9 - MEET & CONFER 9.1 The City Management Representative and representatives of AMEA shall have the mutual obligation personally to meet and confer in order to freely exchange information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation. Nothing herein precludes the use of any impasse procedure authorized by law whenever an agreement is not reached during the meet and confer process and the use of such impasse procedure is mutually agreed upon by the City Management Representative and AMEA. 9.1.1 When the meet and confer process results in agreement between the City Management Representative and AMEA, such agreement shall be incorporated in a written MOU and shall be signed by the City Management Representative and AMEA representatives. The matters incorporated in the MOU shall be presented to the City Council, or its statutory representative, for determination. 9.2 The City Management Representative shall not be required to meet and confer in good faith on any subject preempted by federal or state law or by the City Charter nor shall he /she be required to meet and confer on management or employee rights as herein defined. Proposed amendments to this ARTICLE are excluded from the scope of meet and confer. ARTICLE 10 - AMEA ORGANZATION 10.1 AMEA representatives are those elected or appointed in accordance with the constitution and bylaws of AMEA. ANAHEIM recognizes AMEA's right to appoint employee representatives. 10.1.1 AMEA shall notify the City Management Representative, in writing, of the names and job class titles of its officers, employee representatives, and other representatives each time an election is held or new appointments are made. 10.1.2 An employee elected or appointed as an officer or employee representative of AMEA shall be required to work as scheduled in their respective job class and shall not interrupt the work of other employees. 10.2 AMEA officers and representatives (subject to the provisions of ARTICLE 3 - RECOGNITION) shall be permitted to visit employee work locations for the purpose of observing working conditions, however, such visits shall not interrupt the work of such employees, nor interfere with the normal operations of the department or with established safety requirements. 10.2.1 AMEA officers and representatives shall not enter any work location without the knowledge of the Department Head, Division Head, or other appropriate manager or supervisor. 10.2.2 Solicitation of membership and all activities concerned with the internal management of AMEA, such as collecting dues, holding membership meetings, preparing petitions or grievance material, preparing proposals, campaigning for office, conducting elections, and distributing literature, etc., shall not be conducted during working hours. 10.3 In the event that AMEA is formally meeting and conferring with representatives of ANAHEIM on matters within the scope of representation during regular City business hours, a reasonable number of officers, employee representatives, or other officials of AMEA shall be paid their regular hourly rate of pay when they are attending the meet and confer sessions for any hours for which they were scheduled to work. 10.3.1 Such meetings are subject to scheduling in a manner consistent with operating needs and work schedules. Work schedules will not be modified to ensure nor to avoid payment to part-time employees attending meet and confer sessions. 10.3.2 Officers, employee representatives, and representatives of AMEA shall not leave their duties, work stations, or assignment without the knowledge of the Department Head, Division Head, or other appropriate manager or supervisor. 10.3.3 ANAHEIM will pay employees who are released from work for AMEA business at AMEA expense and will bill AMEA at the employee's regular rate of pay. ANAHEIM and AMEA will jointly and severally be responsible for Workers' Compensation and General Liability when such employees are off work for AMEA business at AMEA expense. 10.4 ANAHEIM shall furnish a bulletin board at mutually agreeable, specific locations for the purpose of posting notices pertaining to AMEA business, and shall determine what reasonable portion of bulletin boards are to be allocated to AMEA. 10.4.1 All posted materials must be dated and must identify AMEA. If AMEA does not abide by these provisions it will forfeit its right to have materials posted on ANAHEIM's bulletin boards. 10.5 ANAHEIM shall allow AMEA to conduct meetings in City facilities. Such meetings shall be scheduled in accordance with regulations governing use of public meetings rooms at City facilities. ARTICLE 11 - CHECK -OFF 11.1 ANAHEIM agrees to check -off for the payment of the regular monthly AMEA dues and to deduct such payments from the wages of all AMEA members and employees when authorized to do so by said members and employees, and remit such payments to AMEA in accordance with the terms of signed authorizations of such members and employees. The deduction of such dues and the remittal of same by ANAHEIM to AMEA shall constitute payment of said dues and initiation fees by such members and employees to AMEA. ARTICLE 12 - GENERAL 12.1 It is hereby the declared personnel policy of ANAHEIM that: 12.1.1 Tenure of employees shall be subject to good behavior, satisfactory work performance, necessity for the performance of work, and the availability of funds; 12.1.2 Employment shall be based on merit and fitness, free of personal and political considerations; 12.1.3 Appointments, promotions, and other actions requiring the application of the merit principle shall be based on systematic tests and /or evaluations; 12.1.4 Positions having similar duties and responsibilities shall be classified and compensated on a uniform basis. 12.2 ANAHEIM shall be the sole judge of the testing, qualification, and acceptance procedures of all applicants for employment and promotion and ANAHEIM retains the right to reject any applicant for employment; provided, however, that testing and /or rejection shall not be done to discriminate for or against an applicant because of AMEA or non -AMEA membership or for any other criteria as defined in California Government Code Section 12940 et seq, except where such criteria is a bona fide occupational qualification. ARTICLE 13 - PAYROLL DEDUCTIONS 13.1 Deductions of authorized amounts may be made from employees' pay for the following purposes: 13.1.1 Withholding Tax; 13.1.2 Contributions to retirement benefits; 13.1.3 Contribution to survivors' benefits; 13.1.4 Payment of hospitalization and major medical insurance premium; 13.1.5 Payment to or savings in Orange County's Credit Union; 13.1.6 Contributions to the City Employees Annual Charities Fund Drive; 13.1.7 Payment of membership dues to AMEA; and 13.1.8 Other purposes as may be authorized by the City Council. ARTICLE 14 - SALARY RELATIONSHIPS 14.1 ANAHEIM and AMEA agree that wages for all classifications represented by AMEA shall be based on the salary relationships shown below. The rates in "Appendix A" reflect an agreed upon implementation plan to these salary relationships. Part -Time Park Ranger (100 %) Part-Time Senior Park Ranger 1.368 x Park Ranger Part -Time Property & Evidence Technician (100 %) Part -Time Traffic Control Assistant (100 %) Part-Time Traffic Controller 1.269 x Traffic Control Assistant Part -Time Police Dispatcher II (100 %) Part-Time Police Dispatcher I .900 x Police Dispatcher II Part -Time Laborer (100 %) Part -Time Library Clerk (100 %) Part-Time Librarian Part-Time Library Page Part-Time Library Page Driver Part-Time Library Technician Part-Time Senior Library Clerk 1.750 x Part Time Library Clerk .600 x Part Time Library Clerk 1.250 x Part Time Library Page 1.400 x Part Time Library Clerk 1.235 x Part Time Library Clerk ARTICLE 15 - COMPENSATION 15.1 Wages for the various classifications shall be set forth in Appendix "A" attached to this MOU and by this reference made a part hereof. The City Management Representative will not recommend any revision or modifications to this MOU without first consulting on such recommendation with AM EA. 15.2 Newly hired employees shall normally be compensated at the lowest step of the salary schedule of the job class for which he /she was hired. ANAHEIM may hire at a higher step in the salary schedule through the "B" step without approval of the City Manager. 15.3 Part -Time employees in classifications listed in Appendix "A" shall be eligible for consideration for merit pay increases to the next higher salary step after one thousand and forty (1,040) hours in a salary step. 15.4 An incumbent employee reclassified with his /her position to a lower job class shall be placed in the step of the lower salary schedule closest to his /her rate of pay, and shall retain his /her record of step hours worked for the purpose of merit pay increases. If the ninth (9t") step of the salary schedule of the lower job class is lower than the incumbent's rate of pay, the rate of pay shall be identified as the "Y" step of the lower salary schedule. An employee compensated at the "Y" step because of a downward reclassification shall remain in the "Y" step until such time as his /her job class is assigned to a salary schedule in which the ninth (9 step is equivalent to or higher than the "Y" step, at which time the employee shall be placed in the ninth (9 step. 15.5 An employee who is promoted or reclassified with his /her position to a higher job class shall be placed in the step of the higher salary schedule that will provide a gay increase of not less than four percent (4 %) except when the ninth (9 ) step of the higher salary schedule provides a pay increase of less than four percent (4 %). Consideration for merit pay increases shall be in accordance with ARTICLE 15.3 above, and shall be based on step hours worked in the higher job class. 15.6 An employee who is demoted for cause shall be placed in the step of the lower job class that will provide a reduction in pay of not less than four percent (4 %). An employee who requests and is granted a voluntary demotion may be placed in any salary step in the new salary schedule that does not provide an increase in the hourly rate. Employees who are demoted, whether voluntary or for cause, shall be eligible for consideration for merit pay increases in accordance with ARTICLE 15.3 above based on step hours worked in the lower job class. 15.7 Any action concerning an employee's status of employment shall be processed on a Personnel Action Form. Such status shall become effective upon action by a management employee who has responsibility for authorizing such action. All empldyees shall receive a true copy of any personnel action taken concerning h1is /her status of employment. ARTICLE 16 - MULTIPLE APPOINTMENTS 16.1 ANAHEIM and AMEA agree that err ployees working in classifications listed in Appendix "A" may be appointed to more than one (1) job classification simultaneously. Employees so appo nted will be compensated for the actual hours worked in each job classification as the applicable salary schedule rate. Employees may be assigned t one (1) or more classifications that are not within the scope of representatio of AMEA. 16.2 No employee shall be allowed multiple appointments to more than one (1) department, nor shall an employee be allowed multiple appointments to classifications assigned to different PERS retirement plans. 16.3 Employees appointed to additional classifications, in accordance with this ARTICLE, shall normally be placedl in the closest salary step of the new classification that does not provide a decrease in pay. 16.4 The various terms and conditions of employment under this MOU shall apply only to hours worked in a cla sification listed in Appendix "A ", except that: 16.4.1 The provisions of section 17.3.1 and 17.3.2 imposing limits on hours worked in a fiscal year shall apply to the aggregate of hours worked in all appointments. 16.4.2 Discipline that may be imposed on an employee who has one (1) or more ap ointments to a job classification listed in Appendix "A" shall be considered a matter subject to review through the grievance procedure under this MOU without regard to the employee's actual assignment at the time of the incident giving rise to the disciplinary action. 16.5 Eligibility for consideration for merit pay increases shall be based on step hours worked in each separate classification, and merit pay increases shall be granted only for the classification in which the employee has established eligibility. 16.6 An employee in the classification of art-Time Park Ranger who is assigned responsibility for training and /or eva uating newly hired employees shall be assigned the additional classification of Part-Time Senior Park Ranger, and shall be paid as a Senior Park Ranger for all hours spent training and evaluating newly hired employees. 16.7 An employee in the classification of Part-Time Traffic Control Assistant who is assigned responsibility for training and /or evaluating newly hired employees shall be assigned the additional classification of Part-Time Traffic Controller, and shall be paid as a Part-Time Traffic Controller for all hours spent training and evaluating newly hired employees. ARTICLE 17 - HOURS OF WORK AND PAY DAY 17.1 Employees shall be scheduled to work as needed and to cover peak periods and absences of other employees. Hours are irregular and based on need and may be full days or partial days. Except as provided in section 17.5 below, there shall be no minimum number of hours guaranteed. 17.1.1 ANAHEIM and AMEA agree that availability is a condition of employment. An employee who does not maintain his /her availability, does not report as scheduled, or is otherwise absent without leave may be subject to discipline up to and including dismissal. 17.2 Regular salaries and compensation of all employees shall be paid on a biweekly basis. 17.3 ANAHEIM has determined a need to set forth criteria for defining groups of employees engaged in limited employment who are covered by this MOU. Accordingly, the following categories are hereby established. 17.3.1 Part -Time Employees This category is limited to employees hired to work an average of less than twenty (20) hours per week on an ongoing basis (maximum hours permitted by California Public Employees' Retirement Law for exclusion from Public Employees' Retirement System membership in any fiscal year). 17.3.2 Part -Time — 30 Hour Employees This category is limited to those employees who on a yearly average work more than the maximum hours permitted by California Public Employees' Retirement Law for exclusion from Public Employees' Retirement System membership but less than thirty (30) hours per week on an ongoing basis (maximum 1560 hours) in any fiscal year. 17.4 The number of positions in each category shall vary in accordance with ANAHEIM's requirements and shall be established by ANAHEIM. Assignment of personnel to these positions shall be made by ANAHEIM. 17.5 Authorized Hours Employees in classifications listed in Appendix "A" designated by a "3" before the schedule number shall be guaranteed a minimum of three (3) hours paid at their regular hourly rate upon reporting for work, except when scheduled for meetings or training the guarantee shall be two (2) hours. ARTICLE18 - APPOINTMENTS AND PROMOTIONS 18.1 Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examinations. Examinations shall be used and conducted to aid in the selection of qualified employees, and shall consist of recognized selection techniques, which will, in the opinion of the Human Resources Director, test fairly the qualifications of candidates. 18.2 Minimum standards of employment for each job class shall be recommended by the Human Resources Director and approved by the City Manager. 18.3 At such times as the appointing authority with concurrence of the Human Resources Director determines that it is 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. 18.4 Advancement to a higher paid job class shall constitute a promotion. 18.5 Examinations for appointments and promotions shall be in such form as will fairly test the abilities and aptitudes of candidates for the duties to be performed, so that such appointments and promotions will be solely based on qualifications without regard to race, color, creed, national origin, religious, or political affiliation or belief, membership in or attitude toward any employee organization, sex, age, or physical disability, except where sex, age, or lack of physical disability is a bona fide occupation qualification. ARTICLE 19 - PROBATION 19.1 Employees working in classifications listed in Appendix "A" shall serve a probationary period of twelve (12) months. Upon successful completion of a probationary period, an employee shall be considered to have part -time regular status in the classification in which the probationary period is served. 19.1.1 In the event an employee is assigned to light duty or is absent from work due to a lengthy illness or injury during the 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 assigned to light duty or lost to illness or injury. 19.2 The work and conduct of probationary employees shall be subject to close scrutiny. An employee shall be retained beyond the end of the probationary period only if the appropriate Executive Manager affirms that the work and conduct of the employee have been found to be satisfactory. If the work and conduct of a probationary employee is found to be below standards to the department, 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 rejection is alleged to be contrary to the provisions of any state or federal law, or the Personnel Ordinance and /or the Personnel Resolution, and then such review /appeal will be limited to that which is required by law, ordinance, or resolution. 19.3 ANAHEIM will make every reasonable effort to return an employee rejected or laid off during the probationary period to the classification in which he /she had regular status, unless the reasons for his /her failure to complete the probationary period would be cause for dismissal. If not returned to his /her former classification, the employee shall be separated from employment with ANAHEIM. ARTICLE 20 - TRAINING 20.1 The Human Resources Director shall encourage the improvement of service by providing employees with opportunities for training, including training for advancement and for general fitness for public service. 20.1.1 Reimbursement to employees for training costs incurred for formalized training shall be in accordance with regulations established by the City Manager. 20.1.2 There shall be no compensation for time spent in meetings for the purpose of education or training of any kind unless such attendance is required by the appropriate Executive Manager, or the Executive Manager's designated representative. 20.2 Employees in a classification listed in Appendix "A" shall be allowed the opportunity to enroll in an ANAHEIM sponsored training course once each calendar year. To be approved, courses must be in one (1) of the four (4) core competency areas identified in the City's training plan (Interpersonal Skills, Technical Proficiency, Achieves Results, or Responsive Customer Service). In the event an employee requests a course that is not included in the City's Training Catalog, the Human Resources Director shall determine whether the course curriculum satisfies one (1) or more of the required core competency areas. ARTICLE 21 - REDUCTION IN FORCE 21.1 ANAHEIM and AMEA agree that ANAHEIM will notify AMEA of a planned reduction in work hours or layoffs which may affect employees represented by the AMEA at the same time or prior to notification of individual employees. 21.2 When notice is provided in accordance with section 21.1 above, ANAHEIM and AMEA agree to meet and confer regarding the basis upon which work hours will be reduced or employees will be laid off. If the parties are unable to come to an agreement within twenty -one (21) calendar days of the date that ANAHEIM provided notice under this ARTICLE, employees shall be laid off from their position on the basis of City seniority, from the least senior to the most senior. "Seniority" shall be determined on the basis of the employee's hire date without regard to the number of actual hours worked. ARTICLE 22 - REINSTATEMENT 22.1 An employee who terminates employment in good standing may be reinstated to a vacant position in his /her former job class within three (3) years of his /her termination date without re- qualifying for employment by competitive process. 22.1.1 An employee reinstated within thirty (30) days of his /her termination date shall be considered to have continuous service and shall not serve a new probationary period. He /she shall be placed in his /her former salary step and shall retain his /her record of step hours worked for the purpose of merit pay increases. 22.1.2 An employee reinstated after thirty (30) days of his /her termination date shall serve a new probationary period and shall be considered to have broken service for the purpose of merit pay increases. ARTICLE 23 - OTHER EMPLOYMENT 23.1 AMEA agrees that employees may not engage in other employment that constitutes a conflict of interest as defined by section 1126 of the California Government Code. A Department Head, as a condition of continued employment, may require an employee to terminate their other employment when he /she determines that a conflict of interest exists. An employee may appeal such a determination to the Human Resources Director, whose decision shall be final and binding. ARTICLE 24 - SERVICE PINS 24.1 Service awards, in the form of service pins or the equivalent, shall be presented to employees in classifications listed in Appendix "A" for: Five (5) years of service; Ten (10) years of service; Fifteen (15) years of service; Twenty (20) years of service; Twenty -five (25) years of service; Thirty (30) years of service; Thirty -five (35) years of service; Forty (40) years of service. Such a service award shall also be presented to an employee upon his /her retirement. ARTICLE 25 - BILINGUAL PAY 25.1 Employees required to speak Spanish or other languages (including sign language), as well as English as part of the regular duties of their position will be compensated at the rate of seventy cents ($70) per hour in addition to their regular pay. 25.2 Employees required to speak, read, and /or write Spanish or other languages (including sign language), as well as English as part of the regular duties of their position will be compensated at the rate of ninety cents ($.90) per hour in addition to their regular pay. 25.3 The appropriate Executive Manager shall designate which employees shall be assigned bilingual duties and which language(s) shall be eligible for bilingual pay. 25.4 The Human Resources Director shall conduct a test of competency for employees who have been assigned bilingual duties to certify these employees eligible for bilingual pay, except that operating departments with authorized bilingual certifiers may conduct their own test of bilingual competency and notify the Human Resources Director of the outcome of the test. 25.5 The effective date of bilingual pay certification shall be the first day of the pay period following notification to the Human Resources Director of the passing of the bilingual test by the employee as provided in 25.3 above. Employees may be required to undergo a test of continued competency, upon request of the operating department. ARTICLE 26 - PREMIUM PAY 26.1 Employees working in classifications listed in Appendix "A" who perform authorized work in excess of forty (40) hours in a regular work week shall be compensated for such overtime work at the rate of one and one -half (1%) times the employee's regular hourly rate of pay. 26.1.1 Overtime shall be calculated to the nearest one - quarter ('/4) hour of overtime worked. 26.1.2 All overtime must be authorized in advance by the appropriate Administrative Manager. 26.2 Employees working in classifications listed in Appendix "A" who perform authorized work on December 25 (Christmas Day), January 1 St (New Year's Day), July 4 th (Independence Day), the first Monday in September (Labor Day), the fourth Thursday in November (Thanksgiving Day), or Martin Luther King Jr's birthday shall be compensated for such work at the rate of one and one -half (1'/2) times the employee's regular hourly rate of pay. 26.3 Shift Premium Employees who work the following assigned shifts shall be compensated at the rate of twenty -five cents ($.25) per hour in addition to their regular hourly rate of pay: 26.3.1 Part-Time Traffic Controllers and /or Part-Time Traffic Control Assistants working the "10 -8 in service" assignment shall receive shift premium for all hours worked between 2:30 p.m. and 12 :30 a.m. 26.3.2 Part-Time Park Rangers and /or Part-Time Senior Park Rangers shall receive shift premium for all hours worked between 5:00 p.m. and 3:00 a.m., Friday, Saturday, and Sunday. There shall be no shift premium for any hours worked between 3:01 a.m. Monday through 4:59 p.m. Friday. 26.3.3 Part-Time Police Dispatchers I and II shall receive shift premium for all hours worked between 6:00 p.m. and 6:00 a.m., Friday, Saturday, and Sunday. There shall be no shift premium for any hours worked between 6:01 a.m. Monday through 5:59 p.m. Friday. 26.4 Notwithstanding the above overtime provisions, there shall be no overtime pay for the time spent, outside scheduled work hours, in attending meetings of any kind which are for the purpose of education or training, unless required by ANAHEIM to attend such training. ARTICLE 27 - STANDBY 27.1 An employee assigned to court standby at times other than during his /her scheduled work hours for the purpose of being on call as a witness on matters within the scope of his /her employment shall be guaranteed two (2) hours of pay at his /her regular hourly rate of pay for each calendar day of such standby duty. 27.1.1 An employee assigned to standby duty for the purpose of being on call for two (2) separate court subpoenas for both a morning and an afternoon session on the same day, or when an employee is carried over from a single subpoena from a morning session to an afternoon session, shall be guaranteed two (2) additional hours of pay at the employee's regular hourly rate of pay for each calendar day of such standby duty. ARTICLE 28 - DISCIPLINE 28.1 The tenure of every employee shall be conditioned on good behavior and satisfactory work performance. An employee may be reduced in salary, suspended, demoted, or dismissed for good and sufficient cause. 28.2 When in the judgment of the appropriate Department Head, Division Head, or other appropriate manager, an employee's work performance or conduct justifies disciplinary action short of demotion or dismissal, the employee may be reduced in salary or suspended without pay. Upon taking such action, a written notification containing a statement of the substantial reasons for the action shall be filed with the employee and the Human Resources Director. No employee shall be suspended for more than thirty (30) calendar days at any one time. 28.3 An employee may be demoted or dismissed upon recommendation of a Division Head or other appropriate supervisor whenever in the judgment of the appropriate Department Head, the employee's work or misconduct so warrants. Upon taking such action, the Department Head 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. 28.4 ANAHEIM and AMEA agree to stipulate to the following submission language when discipline under this ARTICLE is submitted to an impartial arbitrator: "Was (name of employee) [reduced in salary, suspended, demoted, or dismissed] for good and sufficient cause? If not, what shall be the remedy ?" ARTICLE 29 - GRIEVANCE PROCEDURE 29.1 Any grievance or dispute which may arise out of the application or interpretation of the terms or conditions of this MOU, as alleged by AMEA, shall be considered to be a matter subject to review through the grievance procedure and shall be settled in accordance with the procedure set forth immediately herein below, except a dispute by an applicant regarding employment. 29.2 In those instances where discipline is imposed other than salary step reduction, suspension, demotion, or dismissal, AMEA may submit a written request for a review of the disciplinary action through an administrative review procedure. Administrative Review Procedure: ii. The written request must be submitted to the Human Resources Department within fourteen (14) calendar days after receipt of notice by the employee of the disciplinary action. The Department Head, or Administrative Manager, 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, or Administrative Manager, shall review the disciplinary action and may affirm, reverse, or modify the disciplinary action as deemed appropriate. The Department Head or Administrative Manager's determination shall be delivered in writing within fourteen (14) calendar days after the administrative review. The Department Head or Administrative Manager's determination shall be final and binding. 29.3 Employee grievances submitted by AMEA to ANAHEIM shall be handled in the following manner: 29.3.1 Step I . An attempt shall be made to adjust all grievances on an informal basis between the employee, his /her AMEA representative, and a supervisor in the employee's chain of command, up to and including his /her manager, within seven (7) working days after the occurrence of the incident involved in the grievance. The manager shall deliver his /her answer within seven (7) working days after conducting the Step I meeting. 29.3.2 Step II . If the grievance is not adjusted to the satisfaction of AMEA in Step I, it shall be submitted in writing to the employee's Department Head or Administrative Manager within seven (7) working days after the Step I answer is received by AMEA. The Department Head or Administrative Manager shall meet with the employee and his /her AMEA representative within ten (10) working days after submission of the grievance to him /her. The Department Head or Administrative Manager shall review the grievance and may affirm, reverse, or modify as deemed appropriate, the disposition made at Step I and the Step II answer shall be delivered to AMEA within seven (7) working days after said meeting. 29.3.3 Step III If AMEA is not satisfied with the answer to the Step II, it shall be submitted to an impartial arbitrator for a final and binding decision. Such submission must occur within thirty (30) calendar days after the Step II answer is received. 29.3.3.1 In the event the parties are unable to agree upon the selection of such impartial arbitrator within ten (10) calendar days, upon request by either party an arbitrator shall be selected from a list of prospective arbitrators submitted by the American Arbitration Association or any other mutually agreed upon provider. 29.3.4 An arbitrator's decision shall be final and binding on both parties, it being agreed that said arbitrator shall have no powers to add to or subtract from the provisions herein, and that the laws of the State of California shall be controlling at all times. 29.4 All expenses of any arbitration shall be borne equally by ANAHEIM and AMEA. 29.5 The parties may mutually agree to submit any grievance or dispute covered under the provisions of this ARTICLE to non - binding mediation, prior to submission to arbitration. This language is not intended to impede or delay the arbitration process. ARTICLE 30 - EMPLOYEE AVAILABILITY & LEAVES 30.1 ANAHEIM and AMEA agree that availability is a condition of employment. Employees in classifications listed in Appendix "A" shall be required to maintain an availability of twenty (20) hours per week, except that employees in classifications listed in Appendix "A" who are enrolled in PERS by virtue of their employment with ANAHEIM shall be required to maintain an availability of thirty (30) hours per week. An employee who does not maintain his /her availability, does not report to work as scheduled, or who is otherwise absent without leave shall be subject to discipline up to and including dismissal from their position with ANAHEIM. 30.1.1 Employees may request, and the appropriate Executive Manager may authorize, a modified availability less than the requirements outlined above. An employee who does not maintain his /her modified availability, does not report to work as scheduled, or who is otherwise absent without leave shall be subject to discipline up to and including dismissal from their position with ANAHEIM. 30.2 ANAHEIM and AMEA agree that employees in classifications listed in Appendix "A" of this MOU who have been continuously employed for a period of at least one (1) full year, may be eligible for an unpaid leave of absence of up to sixty (60) calendar days. Such leaves shall be scheduled and taken in the best interests of ANAHEIM, and shall require the prior written approval of the appropriate Executive Manager or his /her designated representative. ANAHEIM will make every reasonable effort to return an employee who has been on an authorized leave of absence to the employee's previous scheduled work days and hours. 30.3 ANAHEIM and AMEA agree that employees in classifications listed in Appendix "A" of this MOU shall be provided unpaid leave of up to three (3) consecutive work shifts in the event of a death in their immediate family for the purpose of making funeral arrangements and /or attending funeral services. "Immediate family" for the purposes of this paragraph shall be defined as any relative by blood or marriage who is a member of the employee's household, under the same roof, and any parent, foster parent, step - parent, spouse, or registered domestic partner, child, grandchild, brother, or sister of the employee, or any parent, foster parent, or step- parent of the employee's spouse, or registered domestic partner, regardless of residence. As used herein, "registered domestic partner" means that a Declaration of Domestic Partnership has been filed with the California Secretary of State. 30.4 Leaves taken under the provisions of the federal Family Medical Leave Act and /or the California Family Medical Leave Act shall be concurrent with any leave entitlement an employee may have under the provisions of section 30.2 above. ARTICLE 31 - MILITARY LEAVE 31.1 ANAHEIM's policy relating to military leave and compensation therefore,shall be in accordance with the provisions of the Military and Veterans Code of the State of California, and with all federal provisions (Public Law 93 -508). ARTICLE 32 - TRAVEL AND MILEAGE EXPENSE 32.1 Travel expense allowance for employees, —while on City business shall be provided in accordance with regulations established by the City Manager and /or the City Council. 32.2 ANAHEIM's Mileage Reimbursement rate will be the standard mileage rate established by the Internal Revenue Service. 32.3 An increase or decrease shall be effective the first day of the second month after the date of publication by the Internal Revenue Service. ARTICLE 33 - HEALTH INSURANCE 33.1 An employee working in a classification listed in Appendix "A" shall be provided health insurance as long as he /she remains employed and is available to work, and meet the conditions specified below. 33.2 ANAHEIM agrees to allow eligible part-time employees working in classifications represented by the AMEA to enroll in the ANAHEIM sponsored Kaiser Foundation Health Plan. 33.3 An employee working in the classification of Part -Time Senior Park Ranger, Part-Time Park Ranger, Part-Time Traffic Control Assistant, or Part-Time Traffic Controller shall be eligible for coverage on the first day of the month following completion of twenty -six (26) complete biweekly pay periods or one thousand and forty (1,040) hours worked, whichever is sooner, or upon becoming eligible pursuant to the Affordable Care Act (ACA). 33.3.1 An employee classified as a Part -Time Property and Evidence Technician hired prior to March 11, 2015, shall receive health insurance pursuant to ARTICLE 33.3. An employee classified as a Property and Evidence Technician hired on or after March 11, 2015, shall receive health insurance pursuant to ARTICLE 33.4. 33.4 An employee shall be eligible for coverage on the first day of the month following one (1) complete calendar month after appointment to Part-Time — 30 -Hour status in accordance with ARTICLE 17.3.2 or upon becoming eligible pursuant to the Affordable Care Act (ACA). 33.5 An employee eligible for health insurance shall be eligible for Kaiser HMO Plan 2 (full -time equivalent) after two (2) years of employment. 33.6 ANAHEIM's maximum contribution towards an employee's purchase of the Kaiser HMO Plans (employee only) is as follows: Kaiser HMO Plan 1 The flat - dollar amount equivalent to seventy -five percent (75 %) of the HMO Plan 2 premium Kaiser HMO Plan 2 (full -time equivalent) Seventy -five percent (75 %) An employee shall pay any difference between ANAHEIM's contribution and the total cost of the Kaiser Plan. 33.7 An eligible employee pursuant to ARTICLE 33.3 above shall be eligible for Kaiser HMO Plan 1 or Plan 2. 33.8 At any time during the term of this MOU, the PARTIES agree to reopen ARTICLE 33 — Health Insurance, for the sole purpose of conforming with any changes expressly mandated by the ACA. ARTICLE 34 - PENSIONS 34.1 Effective December 3, 2005, ANAHEIM shall provide Government Code section 21354.5 ("27% @ 55 ") retirement benefits for all eligible employees. ANAHEIM shall pay 3.5% of the statutorily required 8% employee contribution on behalf of eligible employees; those employees shall pay the remaining 4.5% of the statutorily required 8% employee contribution. 34.2 Effective the pay period beginning July 3, 2015, an employee working in a classification listed in Appendix "A" for whom the City is providing a retirement benefit under Government Code Section 21354.5 ( 2.7 %(@_55 shall pay twelve percent (12 %) employee contribution to the retirement system. 34.3 ANAHEIM and AMEA agree that ANAHEIM will amend PERS miscellaneous Plan for Anaheim City, Employer Number 0303, to institute a revised defined benefit plan for covered employees hired on or after January 1, 2013. The revised defined retirement plan shall consist of the 2.0% @ 62 defined formula (Government Code section 7522.20(a)), with a final compensation period of three (3) consecutive years (Government Code section 20037) and the employee paying the full required member contribution amount equal to eight percent (8 %) of compensation earnable, plus any additional amount necessary to cause those employees to the applicable retirement formula, as provided in Government Code sections 7522.30 and 20516. ARTICLE 35 - PHYSICAL EXAMINATIONS 35.1 In order to be eligible for employment with ANAHEIM, candidates shall be required to pass a physical examination, the character of which shall be in accordance with standards established by the Human Resources Director. 35.2 In order to be eligible for promotion or transfer to a job class in a category requiring greater physical qualification than his /her present job class, an employee must pass the appropriate physical examination. 35.3 An employee who returns to work after an absence in excess of five (5) consecutive scheduled work shifts due to illness or physical incapacity may be required by his /her Department Head to undergo a physical examination. An employee who fails to pass a physical examination required under the provisions of this ARTICLE may be transferred or demoted to a position requiring lesser physical qualifications, or terminated. 35.4 All physical examinations required under the provisions of this ARTICLE shall be performed by a physician in active practice licensed by California State Law and within the scope of his /her practice as defined by California State Law. 35.5 ANAHEIM shall pay for any physical examination required under the provisions of this ARTICLE. ARTICLE 36 - VACATION BENEFIT 36.1 Effective January 2010, an employee who works eleven hundred (1,100) or more hours in the prior calendar year will be given each January a lump sum "vacation payment" of one percent (1 %) of their annual gross earnings (calendar year defined as the period for which wages earned are reported for tax purposes). The PARTIES agree that this provision shall survive the term of this MOU absent mutual agreement to the contrary. 36.2 Effective the pay period beginning December 30, 2016, an employee who works eleven hundred (1,100) or more hours in the prior calendar year will be given each January a lump sum "vacation payment" of three percent (3 %) of their annual gross earnings (calendar year defined as the period for which wages earned are reported for tax purposes). ARTICLE 37 - NOTIFICATION OF CONTRACTING OUT 37.1 ANAHEIM agrees to notify AMEA 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 AMEA. 37.1.1 Such notification shall be given before the decision to contract out is made, and 37.1.2 AMEA will have the opportunity to comment prior to a determination by ANAHEIM to enter into contracting arrangements. 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 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 - NO STRIKE 40.1 It is agreed and understood that under the terms of this MOU, the AMEA and /or its members shall not conduct any strikes, including sympathy strikes, slow- downs, or work stoppages; nor shall there be any refusal or failure to fully and faithfully perform job functions and responsibilities, by the AMEA or by its officers, stewards, agents, or unit members during the term of this MOU. 40.2 AMEA recognizes the duties and obligations of its representatives to comply with the provisions of this MOU and to make every effort toward inducing employees to do so. In the event of a strike, work stoppage, or slowdown by employees who are represented by the AMEA, the AMEA agrees in good faith to take all necessary steps to cease such employee action. 40.3 An employee violating this ARTICLE may be subject to disciplinary action up to and including dismissal. It is understood that in the event this ARTICLE is violated, that ANAHEIM may pursue any and all legal remedies available to it against an employee, if the employee violates the terms of this Agreement, and /or AMEA, if AMEA violates this Agreement. ARTICLE 41 - DURATION 41.1 The terms of the MOU are to remain in full force and effect until the third day of January, 2017. Upon adoption of a resolution approving this MOU and the terms hereof by the City Council of the City of Anaheim, this MOU shall be in full force and effect as of the fourth day of January 2014. STAFF OFFICIALS OF THE CITY OF ANAHEIM MUNICI ANAHEI a Municipal Corporation ASSOCIATION? P) YEES JIT Date: ob -- /�� By: B <' By: By: C By: By: By: By: By: By: By: By: By:/ YEES JIT Date: ob -- /�� By: Q 1� O� LQ Lq O � O O M W COO . � . � . LO . + 07 <- O M � O_ co _ r! 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CL a E 7 ` 0 M M M M C U C L U N H N U6 C N � '0 Y O m N N 0 N c U N s U > LU U Q Y N U cu �' O O U (6 m a) O F- m y C) N 0 c6 a J N IL O U O U cu L ?-, Z o 0 0 O m (6 CO c4 (6 Y _U _U Q OL N fl f0 O O N f6 cz ' 6 J F— U O N U N O N O N N N N U N N w= E E E E E E E E E E E E E E F- � � � � L) (6 a. f6 a. (6 a_ f6 a_ N a_ (6 a_ m a- C6 a_ m a @ a_ @ a m 0- m a (6 APPENDIX "B" SPECIAL PROVISIONS B.1 Effective the pay period beginning July 3, 2015, ANAHEIM shall provide on a one -time, non - precedent basis, the same wages as the full -time equivalents to all classifications listed in Appendix A — Wages, excluding the Part -Time Park Ranger and Part -Time Senior Park Ranger. B.2 Effective the pay period beginning July 3, 2015, ANAHEIM shall provide the Part -Time Park Ranger and Part -Time Senior Park Ranger a wage increase of fourteen percent (14 %). B.3 ANAHEIM shall not charge employees to replace lost or damaged proximity cards. LETTERS OF UNDERSTANDING