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RES-1989-281RESOLUTION NO. 89R-281 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE PEACE OFFICERS UNIT REPRESENTED BY THE ANAHEIM POLICE ASSOCIATION WHEREAS, Chapter 1.06 of the Anaheim Municipal Code establishes the employer-employee relations system for the City; and WHEREAS, Section 1.06.100 of Chapter 1.06 requires Memoranda of Understanding to be presented to the City Council or its statutory representative for determination; and WHEREAS, the City Council of the City of Anaheim finds that approval of a new Memorandum of Understanding executed on June 23, 1989 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 Memorandum of Understanding between the City of Anaheim and the Anaheim Police Association executed by the City Management Representative and the Anaheim Police Association officials on June 25, 1989, as set forth in the document attached hereto and incorporated by reference herein, be, and the same is hereby, approved and that the effective date of such Memorandum of Understanding shall be July 7, 1989. BE IT FURTHER RESOLVED that Resolution No. 86R-487 is hereby repealed effective July 7, 1989. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this day of June, 1989. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM ROF'!m 3186L CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 89R-281 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 27th day of June, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pickler AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 89R-281 on the 28th day of June, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 28th day of June, 1989. CITY CLERK OF THE CITY OF ANAHEIM ( SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R-281 duly passed and adopted by the Anaheim City Council on June 27, 1989. CITY CLERK OF THE CITY OF ANAHEIM MEMORANDUM OP UNDERSTANDIN~ BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM POLICE ASSOCIATION EFFECTIVE JULY, 1989 THRU JULY, 1992 TABLE OF CONTENTS PA~E ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE § ARTICLE 6 ARTICLE ? ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 1! ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE 22 ARTICLE 24 ARTICLE 25 ARTICLE 26 ARTICLE 2? PREAMBLE PURPOSE APA RECOGNITION SCOPE MANAGEMENT RIGHTS EMPLOYEE RIGHTS ADOPTION OF EMPLOYEE RELATIONS RULES NOTIFICATION CONSULTATION MEET AND CONFER MEMORANDUM OF UNDERSTANDING PERSONNEL ORDINANCE EMPLOYEE-EMPLOYER RELATIONS ORDINANCE CHECKOFF APA ORGANIZATION COMPENSATION CLASSIFICATION APPROPRIATE SALARY STEP SALARY RELATIONSHIPS EDUCATIONAL INCENTIVE HOURS OF WORK AND PAY DAY TEMPORARY UPGRADE PAYROLL DEDUCTIONS APPOINTMENTS AND PROMOTIONS NEPOTISM EMPLOYMENT LISTS PROBATION 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 18 19 23 25 29 30 33 36 39 4O 11 -:IL- ARTICLE 28 ARTICLE 29 ARTICLE $0 ARTICLE 31 ARTICLE 32 ARTICLE 33 ARTICLE 34 ARTICLE 35 ARTICLE 36 ARTICLE 37 ARTICLE 38 ARTICLE 39 ARTICLE 40 ARTICLE 41 ARTICLE 42 ARTICLE 43 ARTICLE 44 ARTICLE 45 ARTICLE 46 ARTICLE 47 ARTICLE 48 ARTICLE 49 ARTICLE 50 ARTICLE 51 ARTICLE 52 ARTICLE 53 ARTICLE 54 ARTICLE 55 ARTICLE 56 ARTICLE 57 ARTICLE 58 ARTICLE 59 ARTICLE 60 PAGE OUTSIDE EMPLOYMENT 43 SERVICE AWARDS 44 TRAINING 45 SUSPENSIION, DEMOTION, AND DISMISSAL 46 LAYOFF AND REEMPLOYMENT 47 TRANSFER 50 REINSTATEMENT VOLUNTARY DEMOTION 52 BEREAVEMENT LEAVE 54 HOLIDAYS 55 INDUSTRIAL ACCIDENT LEAVE JURY DUTY AND COURT APPEARANCES 59 LEAVE WITHOUT PAY 60 MILITARY LEAVE 62 SICK LEAVE 63 VACATIONS 69 GENERAL OVERTIME BILINGUAL PAY CALL OUT 76 UNIFORM PATROL GRAVEYARD SHIFT DIFFEREN- TIAL 78 SPECIAL ASSIGNMENTS 79 SHORT SHIFT CHANGE 80 STAND BY 81 TRAVEL AND MILEAGE EXPENSES 82 K-9 UNIT 83 MEAL ALLOWANCE 86 MISCELLANEOUS 88 POLICE OFFICER TRAINEE 89 ADMINISTRATIVE LEAVE WITH PAY 90 GRIEVANCES GENERAL 91 INSURANCE 96 MEDICAL EXAMINATIONS 113 MANDATORY PERMANENT MODIFIED DUTY PROGRAM 114 -ii- ARTICLE 51 ARTICLE 62 ARTICLE 63 ARTICLE 64 ARTICLE 65 ARTICLE 66 CONSTRUCTION JOINT COMMITTEE ON MEDICAL PROGRAMS NO STRIKE CONSTRUCTION SAVINGS CLAUSE DURATION PAGE 120 121 122 123 124 125 -111- ARTICLE 1 PREAMBLE 1.0 The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and Jointly proposed by and between the staff officials of the City of Anaheim, (hereinafter called "ANAHEIM") and Anaheim Police Association (hereinafter called "APA") and shall apply to all the employees of ANAHEIM working in the classifications set forth in Appendix "A". 1.1 The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between the staff officials of ANAHEIM and the APA. The APA 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 Anaheim City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without any further action by either party. -1- ARTICLE PURPOSE 2.0 The objectives of the parties to this Memorandum 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. .01 The objectives of these Articles are to facilitate efficient and economical services to the public and provide for a fair and equitable system of personnel management in the municipal government. 2.02 These Artlcles set forth in detail those procedures which ensure similar treatment for those who compete for employment and promotion, and define the obligations, rights, privileges, benefits, and prohibitions which are placed upon all the employees of ANAHEIM working in the classifications set forth in Appendix "A". -2- ARTICLE $ APA RECOGNITION 3.0 ANAHEIM hereby recognizes the APA 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, the APA shall be kept fully informed and have the right to be present at all such meetings between ANAHEIM and the individual. -3- ARTICLE 4 SCOPE 4.0 All officers and positions of ANAHEIM are divided Into the classified service and the exempt service. The exempt service shall include the following: 4.01 All elected officials and members of boards and commissions. 4.02 The Anahelm Clty Manager and the Anaheim City Attorney, Anaheim City Treasurer and the Anaheim City Clerk. 4.03 Volunteer personnel and personnel appointed to serve without pay. 4.04 Architects, consultants, counsel, and others rendering temporary professional service. 4.05 Such positions Involving seasonal or part-time employment as may be specifically placed in the exempt service by the Human Resources Director. 4.1 The classified service shall include all other positions that are not specifically placed in the exempt service by this Article. 4.2 The provisions of this Article and Memorandum shall apply only to the classified service unless otherwise specifically provided. -4- ARTICLE 5 MANAGEMENT RIGHTS 5.0 Management retains, exclusively, all its inherent rights, functions, duties and respons~b~lities except where specifically l~m~ted in this document. The rights of Management include, but are not limited to, the exclusive r~ght to consider the merits, necessity or organizat~on of any service or activity provided by /aw, or administrative order~ determine the m~ss~on of ~ts constituent departments, commissions and boards: set standards of service, determine the procedures and standards of select~on for employment and promotion: d~rect ~ts employees: take disciplinary action: relieve ~ts employees from duty because of lack of work or for other legit~mate reasons: maintain the efficiency of ANAHEIMts operations: determine the methods, means and personnel by which ANAHEIM's operations are to be conducted: determine the content of Job classificat~ons~ take all necessary actions to carry out ~ts m~ss~on ~n emergencies; and exercise complete control and d~scret~on over ~ts organizat~on and the technology of performing ~ts work. -5- ARTICLE 6 EMPLOYEE RIGHTS 6.0 Employees shall have all rights granted to public employees under California law. Employees shall have the right to form, ~oin and participate in the activities of employee organizations of their own choosing for the purpose of representation on al/ matters of employer-employee relations. Employees also have the right to refuse to loin 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. -6- ARTICLE ? ADOPTION OF EMPLOYEE RELATIONS RULES 7.0 Employee relations rules, prepared by the Anaheim City Management Representative, under the direction of the Anaheim City Manager will be submitted to the Anaheim City Council by the Anaheim City Management Representative after discussing them with the APA. The rules shall be submitted to the Anaheim City Council for determination. The rules shall establish specific procedures and regulations governing the operation of the employer-employee relations system. -7- ARTICLE 8 NOTIFICATION 8.0 Reasonable written notice shall be given by the Anaheim City Management Representative to the APA of any proposed ordinance, resolution, rule or regulation directly relating to matters wtththe Anaheim City Council for determination, and the APA shall be given the opportunity to meet with the Anaheim City Management Representative prior to submission to the Anaheim City Council for determination. 8.1 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 APA, the Anaheim City Management Representative shall provide such notice at the earliest practicable time following the adoption of such ordinance, resolution, rule or regulation. -8- ARTICLE 9 CONSULTATION 9.0 The Anaheim C~ty Management Representative, after consultation ~n good faith w~th representatives of the APA, may recommend adoption of reasonable rules and regulations for the administration of employer-employee relations. The Anaheim C~ty Management Representative shall consult ~n good faith with representatives of the APA on employer-employee relations matters which affect them, including those that are not subject to meeting and conferring. -9- ARTICLE l0 MEET AND CONFER 10.0 The Anaheim City Management Representative and representatives of the APA, shall have the mutual obligation personally to meet and confer in order to exchange freely 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 /aw whenever an agreement is not reached during the meeting and conferring process and the use of such impasse procedure is mutually agreed upon by the Anaheim City Management Representative and the APA. 10.1 The Anaheim 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 Anaheim City Charter nor shall he be required to meet and confer in good faith on Management or Employee Rights as herein defined. Proposed amendments to this Article are excluded from the scope of meeting and conferring. -10- ARTICLE 1 ! MEMORANDUM OF UNDERSTANDING 11.0 When the meeting and conferring process results In agreement between the Anaheim City Management Representative and the APA such agreement shall be incorporated in a written memorandum of understanding, signed by the Anaheim City Management Representative and the APA representatives. The matters incorporated in the memorandum shall be presented to the Anaheim City Council, or its statutory representative, for determination. -11- A~TICLE 12 PERSONNEL ORDINANCE - EMPLOYEE-EMPLOYEE RELATIONS ORDINANCE 12.0 The terms and conditions of employment set forth in the ordinances referred to as the Personnel Ordinance and the Employer-Employee Relations Ordinance are incorporated in verbatim by reference in this Memorandum. ARTICLE 13 CHECKOFF 13.0 ANAHEIM agrees to checkoff for the payment of the regular monthly APA dues and to deduct such payments from the wages of all the APA members and employees when authorized to do so by said members and employees, and remit such payments to the APA in accordance with the terms of signed authorizations of such members and employees. The deduction of such dues and the remittal of same by ANAHEIM to the APA, shall constitute payment of said dues by such members and employees of the APA. ARTICLE 14 APA ORGANIZATION 14.0 The APA representatives are those elected or appointed in accordance with the constitution and bylaws of the APA. 14.01 ANAHEIM recognizes the APA's right to appoint or elect Department Representatives. 14.02 The APA shall notify the Anaheim City Management Representative, in writing, of the names and Job class titles of its officers, Department Representatives and other officials each time an election is held or new appointments are made. 14.03 An employee elected or appointed as an officer or Department Representatives of the APA shall be required to work full time in his respective job class and shall not interrupt the work of other employees. 14.1 Officers and representatives (subject to the provisions of ARTICLE 14.03) of the APA shall be permitted to visit employee work locations for the purpose of observing conditions under which employees are working, provided such visit shall not interrupt the work of such employees, interfere with the normal operations of the department or with established safety requirements. 14.11 Such offlcers and representatives shall not enter any work location without the knowledge of the Chief of Police, dlvislon head, or other appropriate supervisor. -14- 14.12 Solicitation of membership and all activities concerned with the internal management of the APA, such as collecting dues, holding membership meetings, preparation of petitions or grievance material, preparation of proposals, campa~gning for office, conducting elect~ons and distributing literature, shall not be conducted during working hours. 14.2 In the event that the APA is formally meeting and conferring with representatives of ANAHEIM on matters within the scope of representation during regular Anaheim City bus~ness hours, a reasonable number of officers, employee representatives or other officials of the APA shall be allowed reasonable time off without loss of pay or benefits. 14.3 ANAHEIM agrees that due to the unique work schedules of employees assigned to law enforcement work, the members of the Board of Directors of the APA shall be allowed time off without loss of compensation or other benefits to attend a regularly scheduled monthly board meeting which occurs during their regular work shift. ANAHEIM agrees to provide a combined total of up to one thousand (1000) hours per year of paid released time from normal work assignments to the ?resident and Board Members of the APA. The APA agrees to reimburse ANAHEIM on an hour-for-hour basis at the employee,s regular rate of pay for all hours of rreleased t~me taken by the President and the APA Board Members. 14.311 Such officers, employee representatives and officials shall not leave their duty -15- or work station or assignment without the knowledge of the appropriate manager or supervisor. 14.312 Such meetings are subject to scheduling in a manner consistent with operating needs and work schedules. 14.4 ANAHEIM shall furnish a bulletin board at mutually agreeable, speclflc locations for the purpose of posting notices pertaining to APA business. 14.4! All materials must be dated and must identify the APA. 14.42 ANAHEIM reserves the right to determine what reasonable portion of bulletin boards are to be allocated to APA materials. 14.43 If the APA does not abide by these provisions it will forfeit its right to have materials posted on ANAHEIM bulletin boards. 14.5 ANAHEIM shall allow the APA to conduct meetings ~n Anaheim City facilities. 14.51 Such meetings shall be scheduled in accordance with regulations governing use of public meeting rooms at Anaheim City facilities. -16- ARTICLE 1§ COMPENSATION 15.0 The Anaheim City Management Representative under the direction of the Anaheim City Manager shall be responsible for recommending wages, rates, and salary schedules for each ~ob class in Appendix "A". 15.1 Prior to any such recommendations, the Anaheim City Management Representatives and representatives of the APA shall meet and confer in good faith to endeavor to reach agreement on matters concerning wages, hours, and other terms and conditions of employment in classifications represented by the APA. 1§.2 At such time as agreement is reached for such classifications, the Anaheim City Management Representative and the APA shall ~ointly submit a written memorandum of such understanding, which shall not be binding, to the Anaheim City Council for determination. 15.3 Wages for the various classifications shall be set forth in Appendix "A" attached to this Memorandum and by this reference made a part hereof. The Anaheim City Management Representative will not recommend any revlsion or modifications to this Memorandum without first meeting and conferring in good faith on such recommendations with the APA. -17- ARTICLE 16 CLASSIFICATION 16.0 The Human Resources Director shall be responsible for recommending classification of all positions in the classified service on the basis of the kind and level of the duties and responsibilities of the positions, to the end that all positions in the same class shall be sufficiently alike to permit use of a single descriptive title, the same qualification requirements, the same test of competence, and the same salary schedule. 16.01 A job class may contain one or more positions. 16.02 Classification of all positions in the classified service shall require approval of the Anaheim City Manager. 16.1 A position may be reclassified on the basis of changes in or reevaluation of the duties, responsibilities, and/or qualification requirements of the position. 16.11 The Human Resources Director shall be responsible for recommending such reclassifications as he finds to be necessary. 16.12 A reclassification shall become effective upon action by the Anaheim City Manager on a Personnel Action Form. 16.13 Incumbents may or may not be reclassified with their positions, based upon the recommendation of the Human Resources Director, the Chief of Police and the approval of the Anaheim City Manager. -18- ARTICLE 17 APPROPRIATE SALARY STEP 17.0 Regular, full-time employees shall be eligible for consideration for merit pay increases as follows: 17.01 To the "J" step after completion of six months of service in the "R" step. 17.02 To the "A" step after completion of six months of service in the "$" step. 17.03 To the "B" step after completion of six months of service in the "A" step. 17.04 To the "C" step after completion of six months of service in the "B" step. 17.05 To the "D" step after completion of one year of service in the "C" step. 17.06 To the "E" step after completion of one year of service in the "D" step. 17.07 In such cases as may occur wherein an employee shall demonstrate exceptional ability and proficiency in performance of his assigned duties, said employee may be given a special merit advancement to the next higher step without regard to the minimum length of service provisions contained in this Article upon the approval of the Chief of Police. 17.08 For purposes of this Article "slx (6) months" -19- shall be construed to mean thirteen (13) complete bi-weekly pay periods; and "one (1) year" shall be construed to mean twenty-six (26) complete bi-weekly pay periods. 17.1 Merit pay increases shall be granted upon approval of the Chief of Po/ice for continued meritorious and efficient service and continued improvement by the employee in the effective performance of the duties of his position. 17.1! The effective date of the merit pay increases shall be the first day of the pay per~od following approval as provided in ARTICLE 17.1 and completion of the minimum required service in the next lower step as provided in ARTICLE 17.0. 17.2 An employee may be reduced by one step at a time on the basis of unsatisfactory work performance or conduct. Such action shall require the specific recommendation of the Chlef of Police. 17.21 The employee shall be nottf/ed by Chief of Pollce not later than two (2) calendar weeks prlor to the effective date of the action. The notice shall contain a statement of the substantlal reasons for the action, and shall inform the employee that he may file a reply w~th the Chief of Po/ice and the Labor Relations Director no later than one (1) calendar week prior to the effective date of the action. Such reply shall be reviewed by the Anahelm City Manager for final action. 17.22 The employee may be returned to his former salary step at such time as deemed appropriate by the -20- Chief of Police. 17.3 Newly hired employees shall normally be compensated at the lowest step of the salary schedule of the Job class for which they were hired. ANAHEIM may hire at a higher step in the salary schedule. 17.31 The provisions of this Article shall also apply to reemployed and reinstated employees, except as provided for in the Layoff and Reemployment ARTICLE 32.02. 17.4 An incumbent employee reclassified with his position to a lower job class shall retain his rate of pay and his anniversary date for purposes of merit pay increases, or shall be placed In the step of the lower salary schedule closest to his rate of pay. If the "E" step of the salary schedule of the lower job class is lower than the incumbents'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, until such time as his Job class is assigned to a salary schedule in which the "E" step is equivalent to or higher than the "Y" step, at which time the employee shall be placed in the "E" step. 17.5 An incumbent employee reclassified with his position to an equivalent 3ob class shall retain his rate of pay and his anniversary date for purposes of merit pay increases. 17.6 An employee who ts promoted or reclassified with his position to a higher job class shall be placed In the step of the higher salary schedule that will provide a pay increase of not less than 4~ except when the "E" step of the higher salary schedule provides a pay increase of less than 4~, or when the "A" step of the higher salary schedule is more than 4~ higher -21- than the employee's current rate of pay. The employee shall be given a new anniversary date for purposes of merit pay increases in accordance with the provisions of ARTICLE 17.0. 17.61 An employee shall be placed at the entry level step in the salary range when promoted to Police Officer Trainee. 17.7 An employee who is demoted for disciplinary reasons shall be placed in the step of the lower salary schedule that will provide a reduction in pay of not less than 4~. The employee shall be given a new anniversary date for purposes of merit pay increases in accordance with the provisions of ARTICLE 17.0. 17.8 An employee in a Job class which is assigned to a different salary schedule as a result of a pay adjustment shall retain his same salary step status in the newly authorized salary schedule and shall retain the same anniversary date for purposes of merit pay increases. 17.9 When more than one personnel action involving changes in an employee's salary step status become effective on the same day, all such changes shall be in accordance with the provisions of the preceding articles of this Article, and shall take place in the following order of precedence: (1) adjustment to same salary step in newly authorized salary schedule; (2) merit pay advancement or reduction in salary step; (3) promotion, demotion, or reclassification. -22- ARTICLE 18 SALARY RELATIONSHIPS CLASSIFICATION COMPUTATION Police Officer Trainee 1.00 Police Officer Police Officer - Detective/Inveettgator Police Officer - Motorcycle Police Officer - Master Advanced Police Officer - Master Intermediate Police Officer - Senior Master Advanced Police Officer - Senior Master Intermediate 1.00 1.05 x Police Officer 1.05 x Police Officer 1.10 X Police Officer 1.075 x Police OffiCer 1.125 x Police Officer 1.10 x Police Officer Police Officer - Helicopter Pilot (Private) Police Officer - Helicopter Pilot MA (Private) Police Officer - Helicopter Pilot MI (Private) Police Officer - Helicopter Pilot (Commercial) 1.05 x Police Officer 1.05 x Police Officer MA 1.05 x Police Officer MI 1.10 x Police Officer Police Officer - Helicopter Pilot MA (Commercial) 1.10 x Police Officer MA Police Officer - Helicopter Pilot MI (Commercial) 1.10 x Police Officer MI Police Officer - Polygraph Examiner Police Sergeant -23- 1.20 X Police Officer 1.20 x Pollce Offlcer Police Sergeant - Helicopter Pilot (Private) Police Sergeant - Helicopter Pilot PA (Private) Police Sergeant - Helicopter Pilot (CommercAal) 1.05 x Police Sergeant 1.05 x Police Sergeant PA 1.10 x Police Sergeant Police Sergeant - Helicopter Pilot PA (Commercial) 1.10 x Police Sergeant PA Police Sergeant - Detective/Investigator Police Sergeant - Motorcycle Po/ice Sergeant - Post Advanced Police Sergeant - Senlor Master Police Sergeant - Special Events 1.05 x Police Sergeant 1.05 x Police Sergeant 1.10 x Police Sergeant 1.125 x Police Sergeant 1.20 x Police Officer Police Sergeant - Special Events PA 1.10 x Police Sergeant -24- ARTIOLE 19 EDUCATIONAL INCENTIVE 19.0 ANAHEIM agrees that Police Sergeants qualified as "Post Advanced" shall be paid ten percent (10~) above Police Sergeant. lg.01 ANAHEIM and the APA agree that Police Sergeants shall be designated "Post Advanced" when they meet the fo/lowing criteria: Possession of an advanced "POST" certificate and continuing recommendation of the Chief of Police. 19.02 ANAHEIM and the APA agree that employees promoted to Police Sergeant may be designated "Post Advanced" immediately upon promotion if they meet the above criteria at the time of their promotion. 19.1 Police Officers qualified as Master Intermediate shall be paid seven and one-half percent (? 1/2%) above Police Officer. 19.11 Police Officers shall be designated Master Intermediate when they meet the following criteria: Possession of an intermediate "POST" certificate and continuing recommendation of the Chief of Po/ice. 19.2 Police Officers qualified as Master Advanced shall be paid ten percent (10~) above Police Officer. 19.21 Police Officers shall be designated Master Advanced when they meet the following criteria: Possession of an Advanced "POST" certificate and continuing recommendation of the Chief of Police. -25- lg.3 Police Officers receiving compensation as Master Intermediate or Advanced shall not have their compensation changed due to assignment. lg.4 Police Officers qualified as Senior Master Intermediate shall be paid ten percent (10~) above Police Officer. 19.41 Police Officers shall be designated Senior Master Intermediate when they meet the fo/lowing criteria: Possession of an Intermediate "POST" certificate, have one year of experience in an assignment outside uniform patrol with the Anaheim Police Department, be currently assigned to uniform patrol duty and continuing recommendation of the Chief of Po/ice. 19.5 Police Officers qualified as Senior Master Advanced shall be paid twelve and one-half percent (12 1/2~) above Police Officer. 19.51 Police Officers shall be designated Senior Master Advanced when they meet the fo/lowing criteria: Possession of an Advanced "POST" certificate, have one year of experience in an assignment outside uniform patrol with the Anaheim Po/ice Department, be currently assigned to uniform patrol duty and continuing recommendation of the Chief of Police. 19.511 The Chief of Police may defer granting Senior Master "POST" status to employees otherwise eligible for premium pay under ARTICLE 19.51 whose reassignment to Patrol is other than voluntary. -26- 19.6 Police Officers receiving compensation as Senior Master Intermediate or Advanced shall not have their compensation changed due to reassignment after completion of a one year minimum continuous assignment to uniform patrol duty. 19.61 Upon completion of five continuous years of receiving compensation as Senior Master Intermediate or Advanced while not assigned to uniformed patrol duty, Police Officers shall cease receiving compensation as Senior Ma~ter Intermediate or Advanced or shall complete a new one year minimum continuous assignment to uniform patrol duty to continue receiving compensation as Senior Master Intermediate or Advanced. 19.7 ANAHEIM agrees Master Advanced shall (12 1/2%) above Police that Police Sergeants qualified as Senior be paid twelve and one-half percent Sergeant. 19.71 Police Sergeants shall be designated Senior Master when they meet the following criteria: Possession of an Advanced "POST" certificate, have one year of experience as a Police Sergeant in an assignment outside uniform patrol with the Anaheim Police Department, be currently assigned to uniform patrol duty as a Police SerGeant and continuing recommendation of the Chief of Police. 19.711 The Chief of Police may Senior Master "POST" status to otherwise eligible for premium ARTICLE 19.11 whose reassignment is other than voluntary. defer granting employees pay under to Patrol -9_7- 19.72 Upon completion of five continuous years of receiving compensat~ion as Senior Master while not assigned to uniformed patrol duty, Police Sergeants shall cease receiving compensation as Senior Master or shall complete a new one year minimum continuous assignment to uniform patrol duty to continue receiving compensation as Senior Master. 19.721 To receive Senior Master Sergeant Pay assignment to uniform patrol duty must begin on or after July 7, 1989. 19.8 ANAHEIM and the APA agree that Police Officers and Police Sergeants must be physically at work and on full duty on the date of appointment to any type of Master Police Officer or Sergeant POST Advanced. 19~9 It is understood that Police Sergeant (POST Advanced) and Master Police Officer status including but not limit as follows: 19.10 ANAHEIM and the APA agree that an employee after thirty (30) days of his resignation shall be considered to have broken service and must complete a new one year of experience in a premium pay assignment with the Anaheim Police Department to be designated Senior Master Intermediate and Senior Master Advanced. -28- ARTICLE 20 HOURS OP WORK AND PAY DAY 20.0 The average regular work week for employees in classifications in Appendix A, shall be forty (40) hours. 20.01 For al/ employees with an average regular work week of forty (40) hours, the monthly rate shall be the hourly rate times 2,080 divided by 12. 20.1 Regular salaries and compensation of employees shall be paid on a bi-weekly basis. 20.2 ANAHEIM agrees to pay annual sick leave payoff compensatory time payoff, and holiday payoff by separate checks. 20.3 All holidays, vacatlon and sick leave shall be pa~d at the employees regular hourly rate of pay. -29- ARTICLE 2 ! TEMPORARY UPGRADE 21.0 Temporary upgrading shall be defined as the temporary assignment of an employee to work in a Job classification which is assigned to a salary schedule higher than his regular Job classification. 21.01 Upgrade to a vacant position shall be limited to six (6) months, except in cases of extended sick leave, industrial accident leave or leave without pay. 21.1 Employees temporarily upgraded to the following Job classifications shall receive a five percent (5~) pay differential for all time worked in the higher Job classification during normal working hours if they are assigned to work in the higher classification for a period of one (1) complete work shift (eight (8) working hours) or longer. Employees temporarily upgraded to any of these job classes shall receive a five percent (5~) pay differential for all time worked in the higher job classification during other than normal workin~ hours: Police Lieutenant Police Sergeant Police Sergeant - Helicopter Pilot Police Sergeant - Helicopter Pilot Post Advanced Police Sergeant - Detective/Investigator Police Sergeant - Motorcycle Police Sergeant - Post Advanced Police Sergeant - Special Events Police Sergeant - Special Events - Post Advanced Police Officer - Polygraph Examiner -30- 21.2 Employees in the following Job classes who are temporarily assigned as Field Training Officers shall receive a five percent (5~) pay differentia/ for all time worked while assigned as a Field Training Officer: Police Officer Police Officer - Motorcycle Police Officer - Master Advanced Police Officer - Master Intermediate Po/ice Officer - Senior Master Advanced Police Officer - Senior Master Intermediate Police Officer - Helicopter Pilot Police Officer - Helicopter Pilot MA Police Officer - Helicopter Pilot MI Police Sergeant Police Sergeant - Helicopter Pilot Police Sergeant - Helicopter Pilot Post Advanced Police Sergeant - Motorcycle Police Sergeant - Post Advanced 21.21 Employees in the job classifications listed above who are assigned to supervise the Police Department Front Counter operations shall receive a two and one-half percent (2-1/2~) pay differential for all time worked while assigned. 21.3 If an employee ls temporarily assigned to perform work at a lower rated ~ob classification, his rate of pay shall not be changed. Such temporary assignments of work shall be made at the discretion of ANAHEIM. 21.4 ANAHEIM and the APA agree that parallel moves may be made within classifications or positions left vacant tn order to -31- avoid the necessity of working an employee at a higher rated Job classification. 21.§ The determination of those persons qual~fted to work in h~gher rated classifications shall be established by ANAHEIM. Assignments to higher rated classifications shall be made at the sole discretion of ANAHEIM. -32- ARTICLE 22 PAYROLL DEDUCTIONS 22.0 Deductions of authorized amounts may be made from employee's pay for the fo/lowing purposes: 22.01 Withholding Tax; 22.02 Contributions to retirement benefits; 22.03 Contribution to survivors' benefits; 22.04 Payment of life insurance and accidental death and dismemberment insurance premium; 22.05 Payment of non-industrial disability insurance premium; 22.06 Payment of hospitalization and major medical insurance premium; 22.07 Payment to or savings in the Anaheim Area Credit Union; 22.08 Contributions to United Way; 22.09 Payment of membership dues to the APA; 22.10 Purchase of United States Savings Bonds; and 22.11 Other purposes as may be authorized by the ANAHEIM City Council. -33- ARTICLE 23 GEN~-RA~. 23.0 that: It is hereby the declared personnel policy of ANAHEIM 23.0! Employment by ANAHEIM shall be based on merit and fitness, free of personal and pol~tical considerations. 23.02 Appointments, promotions, and other actions requiring the application of the merit principle shall be based on systematic tests and/or evaluations. 23.03 Positions having similar duties and responsibilities shall be classified and classified and compensated on a uniform basis. 23.04 Tenure of employees shall be subject to good behavior, satisfactory work performance, necessity for the performance of work, and the availability of funds. 23.05 Any action concerning an employee's status of employment shall be processed on a Personnel Action Form. Such status shall become effective upon action by the Anaheim City Manager or by a management employee who the Anaheim City Manager has delegated responsibility for authorizing such action. Al/ full-time employees shall receive a true copy of any personnel action taken concerning their status of employment. -34- 23.1 For purposes of recruitment ANAHEIM will notify the APA, and the APA shall refer skilled and experienced personnel to ANAHEIM for necessary testing. 23.2 Job Bulletins regarding classifications represented by the APA shall be sent to the APA during recruitment periods. 23.3 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 appllcant for employment; PROVIDED, HOWEVER, that no test or qualification procedures utilized by ANAHEIM or refusal to accept for employment shall be done to dlscrlmlnate for or against an appllcant because of the APA or non-APA membership or because of race, color, creed, national origin, religion, sex, age or physical disability, except where age or lack of physical disablllty is a bona fide occupational qualification. 23.4 ANAHEIM agrees to post at the time promotional opportunities bulletins are distributed the criteria and procedures used in performing management evaluations provided for tn ARTICLE 24. -35- ARTICLE 24 APPOINTMENTS AND PROMOTIONS 24.0 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. 24.1 Minimum standards of employment for each Job classification shall be recommended by the Human Resources Director and approved by the Anaheim City Manager. 24.2 Vacancies in positions above the entry level shall be filled by promotion whenever one (1) or more qualified candidates are available, except when a qualified, work-disabled employee is placed in such position according to the Vocational Rehabilitation Administration Regulation. Promotions shall be on a competitive basis except when the Human Resources Director finds that the number of employees qualified for promotion is insufficient to justify competition. Appropriate consideration shall be given to promotional candidatest qualifications, record of performance, and seniority, in that order. 24.21 Advancement to a higher paid ~ob classification shall constitute a promotion. 24.3 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 -36- origin, religious or political affiliation or belief, membership in or attitude toward any employee organizat~on, sex, age, or physical disability, except where sex, age, or lack of physical disability is a bona fide occupation qualification. 24.4 Candidates who qualify for promotion to Police Sergeant shall be placed on an eligibility list. The eligibility list may consist of one or more bands of eligible candidates with no rank order assigned to individual candidates. The highest band of the eligibility list shall normally be exhausted before candidates from successively lower bands are selected. 24.5 When an appointment is to be made to a vacancy, the Human Resources Director shall submit to the Chief of Police the names on the appropriate employment list. Appointments to vacant positions shall be made by the Chief of Po/ice, with the concurrence of the Human Resources Director. 24.51 The Chief of Police, with the concurrence of the Human Resources Director, may order names removed from an eligibility list for good and sufficient reasons. 24.6 In the absence of appropriate employment llsts, a provisional appointment may be made by ANAHEIM of a person meeting the minimum qualifications for the position. An eligibility list shall be established within six (6) months for any regular, full-time position fl/led by provisional appointment. In the event that any provisional appointee fails to qualify on the eligibility list as established within six (6) months of his provisional appointment, said provisional appointee shall have his employment terminated at the close of the first complete bi-weekly pay period following the establishing of the eligibility list. -37- 24.? Appointments to certain grant funded posit~ons as designated by the Anaheim C~ty Manager may be made without competitive exam~nattons and/or evaluations. Such appointments may be made by the Chlef of Police (w~th the approval of the Human Resources D~rector and the Anaheim C~t¥ Manager). In the event that a grant funded appointee falls to complete competitive examinations and/or evaluations and is not appointed to an ANAHEIM funded pos~t~on during h~$ period of employment under the grant, said grant funded appointee shall be terminated from ANAHEIM employment. -38- ARTICLE 25 NEPOTISM 25.0 The Anaheim City Council shall not appoint to a salaried position under the Anaheim City government any person who is a relative by blood or marriage within the third degree of any one (1) or more of the members of such Anaheim City Council, nor shall the Anaheim City Manager or the Chief of Police or other officer having appointive power appoint any relative of his or of any Council Member within such degree to any such position. -39- ARTICLE 26 EMPLOYMENT LISTS 26.0 Employment lists, in order of their priority, shall be reemployment lists and eligibility lists. 26.1 Reemployment lists shall contain the names of regular, full-time employees laid off in good standing for lack of funds or work. 26.11 Names on reemployment lists shall remain for a period not to exceed three (3) years. Anyone reemployed from this list more than one (1) year after their layoff shall be required to pass a preemployment medical examination as well as serve a new probationary period. 26.2 Eligibility lists shall be created in accordance with the provisions of ARTICLE 24. 26.21 Eligibility lists may contain the names of one (1) or more persons eligible for employment. 26.22 Open competitive eligibility lists shall remain in effect for a period of one (1) year or until depleted. Eligibility lists containing less than three (3) names may be considered depleted. Eligibility lists may be extended by the Human Resources Director for a period not to exceed one (1) additional year. 26.23 Promotional eligibility lists shall remain tn effect for a period of two (2) years or until depleted. -40- ARTICLE 27 PROBATION 27.0 Employees appointed from eligibility lists, reinstated employees and employees reassigned according to the Vocational Rehabilitation Administrative Regulation shall be subject to a period of probation. The regular period of probation shall be thirteen (13) complete bi-weekly pay periods un/ess otherwise specified for certain designated Job classes. 27.01 Certaln designated Job classes in the classified service shall have a regular period of probation which begins on the date of appointment and ends twenty-slx (26) complete bi-weekly pay periods after completion of recruit training. These Job classes shall be: Pollce Officer Police Officer-Trainee 27.02 In the event an employee is absent from work or on temporary restricted modified light duty due to a lengthy illness or injury during his probationary period, said employee's probationary status may be extended beyond the regular period of probation in the amount of one (1) complete bi-weekly pay period for each complete bi-weekly pay period lost due to the illness or injury. 27.03 Upon successful completion of a probationary perlod, an employee shall be granted regular status tn the classification In which the probationary period is served. -41- 27.1 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 Chief of Police may reject the probationer at any tlme durlng the probationary per~od. Such rejections shall not be subject to review or appeal unless such a rejection ~s alleged to be contrary to the provisions of this Memorandum. 27.11 An employee rejected during the probationary perlod from a posltton to which he has been promoted shall be returned to the classification in whlch he has regular status unless the reasons for his failure to complete his probatlonary period would be cause for dtsmlssal. 27.2 An employee shall be retained beyond the end of the probatlonary period only if the Chlef of Police affirms that the services of the employee have been found to be satlsfactory. -42- ARTICLE 28 OUTSIDE EMPLOYMENT 28.0 An employee may engage in employment other than his Job with ANAHEIM, if the Chief of Police determines that such outside employment does not interfere with the performance of assigned duties and does not constitute a conflict of interest. -43- ARTICLE 29 SERVICE AWARDS 29.0 Service awards, in the form of service pins or the equivalent, shall be presented to employees In classifications listed tn 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 (SO) years of service: Thirty-five ($5) years of service; Forty (40) years of service. Such a servlce award shall also be presented to any employee upon his retirement. 29.01 For purposes of this Article, the term "years of service", shall be defined as continuous, full-time service. -44- ARTICLe- 30 30.0 The Human Resources Director ,all encourage the improvement of service by providing employees with opportunities for training, including training for advancement and for general fitness for public service. 30.01 Reimbursement to employees for costs incurred for formalized training shall be in accordance with regulations established by the Anaheim City Manager. -45- ARTICLE 31 SUSPENSION, D~MOTION, AND DISMISSAL 31.0 The tenure of every employee shall be conditioned on good behavior and satisfactory work performance. Any employee may be suspended, demoted, or dismissed for good and sufficient cause. 31.1 When in the Judgment of the Chief of Police, an employee's work performance or conduct Justifies disciplinary action short of demotion or dismissal, the employee may be suspended without pay. Upon taking such action, the Chief of Police shall file with the employee and the Labor Relations Director a written notification containing a statement of the substantial reasons for the action. No employee shall be suspended for more than thirty (30) calendar days at any one (1) time, except as provided for in ARTICLE 31.21. 31.2 An employee may be demoted or dismissed upon recommendation of a division head or other appropriate supervisor whenever in the 3udgment of the Chief of Police, the employee's work or misconduct so warrants. Upon taking such action, the Chief of Police shall file with the employee and the Labor Relations Director a written notification containing a statement of the substantial reasons for the action and the effective date of the action. 31.21 Suspension without pay pending further action shall be the status of dismissed employees appealing dismissal under provisions of ARTICLE 57, Grievance Procedure. Such suspension shall not exceed ninety (90) calendar days. -46- ARTICLE 32 LA¥OI~I~ AND REEMPLOYMENT 32.0 Layoffs shall be made on the basis of seniority within the affected Job classification in the Po/ice Department and unique specialized qua/if/cations. 32.01 Employees promoted from classifications listed in Appendix "A" to non-bargaining unit classifications may be reassigned to their former classification in the bargaining unit with no loss of seniority in the event they are laid off from their non-bargaining unit classification. 32.02 An employee who has been /aid off shall be reassigned to any non-management position within the Anaheim Police Department in an equivalent or lower job classification for which he meets the minimum requirements and has Anaheim Police Department seniority over other employees in the job classification. If the employee whose position has been abolished does not have Anaheim Police Department seniority over other employees in equivalent or lower classes, he may be reassigned by the Chief of Police to any vacant position within the Anaheim Police Department in an equivalent or lower job classification, for which he meets the minimum requirements. Employees so reassigned shall be p/aced in the salary step of the appropriate salary schedule closest to their rate of pay. Employees so reassigned shall be reinstated to their former job classification and salary step status when positions in their former Job c/ass/f/cation -47- (within thelr department) become vacant. Such reinstatement shall be on the basis of Anaheim Police Department seniority. 32.03 Whenever an employee whose position has been abolished cannot be reassigned to a vacant position within his department, he shall be reassigned by the Anaheim City Manager to any vacant position in any other division or department In his 3ob classification or in an equivalent or lower ~ob classification for which he meets the minimum qualifications for employment. If an employee ts reassigned to a vacant position within his 3ob classification in any other department, he shall retain his rate of pay. If an employee is reassigned to a vacant position tn an equivalent or lower 3ob classification in any other department, he may be placed in any salary step of the appropriate salary schedule that does not provide an increase in salary. Employees reassigned to vacant positions in an equivalent or lower job classification tn any other department shall be reinstated to their former 3ob classification and salary step status when positions in their former job classification (within their former department) become vacant. Such reinstatement shall be on the basis of Anaheim Police Department seniority. 32.1 Whenever an employee whose position has been abolished ls not reassigned to any vacant position, he shall be placed on the reemployment list for his 3ob classification. Persons on the reemployment list shall be reemployed with their former salary -48- step status when positions in their 3ob classification (within the Anaheim Police Department from which they were /aid off) become vacant. Reemployment shall be on the basis of Anaheim Po/ice Department seniority. 32.2 Whenever an employee is reassigned to a vacant position in the same classification, an equivalent classificat~on, or lower classification as herein provided, he shall retain the same anniversary date for purposes of merit pay increases. 32.3 Whenever an employee is reinstated to a vacant position in his former 3ob classification, or reemployed as herein provided, his anniversary date for purposes of merit pay increases shall be the one (1) he had at the time he was la~d off from the position. 32.31 An employee reinstated from the reemployment list shall be considered to have continuous service and may be credited with the amount of accumulated sick leave he had accrued at the time of layoff if he elects to remit to ANAHEIM any Payment received under the provisions of ARTICLE 42, SICK LEAVE. 32.4 The provisions of this Article shall apply only to regular, full-t/me employees in the classified service. Employees appointed to certain grant funded positions as designated by the Anaheim City Manager under ARTICLE 24.7 and newly hired probationary employees shall be excluded from the provisions of this Article. -49- ARTICLE 3~ TRANSFER 33.0 A voluntary change of an employee's place of employment from one (1) department to another shall be considered a transfer. A change of an employee's place of employment to a vacant position in a Job classification on the same salary schedule as his own Job classification shall also be considered a transfer. SS.O! A voluntary transfer from one (1) department to another department shall require the approval of the head of the department to which the employee ls voluntarily transferring and the Human Resources Director. Such a transfer shall be initiated by request of the employee to the Human Resources Director. 33.02 A transferred employee shall retain his rate of pay and his anniversary date for purposes of merit pay increases. 33.03 In order to be transferred to a job classification with minimum standards of employment substantially different from those of his own job classification, an employee shall be required to demonstrate his eligibility for employment in accordance with the provisions of ARTICLE 24. 33.1 Transfers for the betterment of employees and the best interests of ANAHEIM shall be encouraged by all echelons of management. -50- ARTICLE 34 REINSTATEMENT 34.0 An employee who terminates his employment in good standing may be reinstated to a vacant position in his former job classification within three (3) years of his termination date without requalifying for employment by competitive processes. 34.01 An employee reinstated within thlrty (30) days of his termination date shall be considered to have continuous service and shall be credited with the amount of accumulated sick leave he had at the time of termination. He shall be placed in his former salary step and shall retain his anniversary date for purposes of merit pay increases. If his anniversary date has occurred during the period of his absence, his new anniversary date shall be the first day of the next bi-weekly pay period following reinstatement. 34.02 An employee reinstated after thirty (30) days of his termination date may be considered to have broken service for purposes of salary step status, and shall be considered to have broken service for all other employee benefits. 34.1 An employee may be reinstated under the provisions of the Vocational Rehabilitation Administrative Regulation to any vacant position for which they meet the minimum qual~fications. -51- ARTICLE 35 VOLUNTARY DEMOTION 35.0 If an employee takes a voluntary demotion as a result of a downward reclassification of his position, his salary step status shall be in accordance with the provisions of ARTICLE 17.4. 35.1 Voluntary demotions as a result of impending layoff shall be in accordance with the provisions of ARTICLE 32. 35.2 An employee may request a voluntary demotion for any reason. Such a voluntary demotion shall require the approval of the department head under whom the employee will serve and the Human Resources Director. An employee taking such a voluntary demotion may be placed in any salary step of the appropriate salary schedule that does not provide an increase in salary. He shall be given a new anniversary date for purposes of merit pay increases in accordance with provisions of ARTICLE 17.0. 35.21 Voluntary demotions in accordance with the Vocational Rehabilitation Administration Regulation shall be in accordance with the provisions of ARTICLE 35.2. 35.3 An employee who has taken a voluntary demotion to a lower 3ob classification may be reinstated to a vacant position in his former ~ob classification within three years of the effective date of the voluntary demotion without requallf¥1ng by competitive processes. 35.31 An employee reinstated to his former Job classification from a voluntary demotion shall retain his rate of pay. If his rate of pay ts not -52- included In the salary schedule of his former Job classification, he shall be placed In the salary step of that salary schedule which is closest to his rate of pay. He shall retain his anniversary date for purposes of merit pay increases; however, if he is placed in the "A" or "B" step of the salary schedule, he shall be eligible for a merit pay increase after thirteen (13) complete bi-weekly pay periods or his regular anniversary date, whichever is sooner. -55- ARTICLE 36 BEREAVEMENT LEAVE 36.0 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 twenty-four (24) working hours. "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, stepparent, spouse, child, brother, or sister of the employee, or any parent, foster parent or stepparent of the employee's spouse, regardless of resident. 36.! In the event of a death occurs among other family members of an employee, the employee shall be granted bereavement leave with pay for up to a maximum of eight (8) eight hours. Other family members shall be defined as grandparent, grandchild, daughter-in-law, son-in-law not under the same roof of the employee; and any grandparent, grandchild, child, brother, or sister of the employee's spouse, regardless of residence. 36.2 Bereavement leave may be used only at the time a death occurs, or to make burial arrangements and/or attend funeral or memorial services. -54- ARTICLE ~? HOLIDAYS 37.0 The following days shall be recognized as holidays, and regular full-time employees shall have these holidays off with pay: January 1st, New Year's Day February 12, Lincoln's Birthday Third Monday in February, President's Day Last Monday in May, Memorial Day July 4th, Independence Day First Monday in September, Labor Day September 9, Admission Day November 11, Veteran's Day Fourth Thursday in November, Thanksgiving Day Friday after Thanksgiving December 25th, Christmas Day Every day designated by the Anaheim City Council for a public feast, thanksgiving or holiday. 37.1 In the event that any of the above holidays fall on an employee's scheduled day off, said employee shall observe the preceding work day or the following work day as scheduled by the Chief of Police to provide maximum regular service to the public. 37.2 ANAHEIM and the APA agree that in the event that any recognized holidays falls on weekends, all field employees shall observe the same day. 37.3 An employee shall receive an additional eight (8) hours pay at his regular rate of compensation or shall accrue eight -55- (8) hours holiday time for each holiday listed in this Article, providing said employee works on the holiday or day observed In lieu of the holiday. 37.4 An employee may request holiday time off. The granting of holiday time off shall require prior approval of the employee's supervisor and will be granted in accordance with the best interest of the ANAHEIM as determined by the Chief of Police. The maximum amount of holiday time off that may be taken at any given time shall be that amount that has accrued to the employee concerned. The minimum amount of holiday time off that may be taken at any given time shall be one (1) hour. 37.5 Once each year an employee shall be compensated in cash by separate check at his current rate of pay for any holiday time off accrued but not taken at the close of the bi-weekly pay period that includes November 16. 37.6 Upon termination, an employee shall be compensated in cash at his current rate of pay for any holiday time off accrued but not taken. 37.7 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. -56- ARTICLE 38 INDUSTRIAL AGCIDENT LEAVE 38.0 In the event that any full-time employee is absent from work as a result of any in3ury or disease which comes under the State of California Worker's Compensation Insurance and Safety Act, such absence shall be considered to be Industrial Accident Leave. 38.1 Any employee on Industrial Accident Leave shall receive compensation from ANAHEIM in an amount equal to the difference between temporary disability payments mandated by the State of California Worker's Compensation Insurance and Safety Act and his regular basic rate of pay. 38.11 In the event that an employee who has received or is receiving Industrial Accident Leave benefits files a civil legal action against a third party for allegedly causing or contributing to the cause of the injury which resulted in the absence from work, the employee is required to inform the Risk Management Department of the filing of such legal action. $8.2 Industrial Accident Leave shall begin on the first day of such absence as defined in ARTIGLE 38.0. 38.21 Industrial Accident Leave shall continue during all absences due to a single in3ury, but not to exceed one (1) year of accumulated absence. 38.22 Industrial Accident Leave benefits provided by this Article shall apply to each injury or disease as defined in ARTICLE 38.0. -57- 38.23 The effective date of a permanent disability rating as awarded by the Worker's Compensation Appeals Board ends eligibility for Industrial Accident Leave for that particular injury or disease. 38.24 A written statement from the treating physician that the employee's condition is permanent and stationary or separation from ANAHEIM service ends eligibility for Industrial Accident Leave for that particular injury or disease. 38.25 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. 38.3 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 42 and ARTICLE 43. -58- ARTICLE 39 JURY DUTY AND COURT APPEARANCES 39.0 In the event any full-time employee is duly summoned to any court for the purpose of performing Jury duty, he shall receive his regular compensation for any regularly scheduled working hours spent in actual performance of such service. 39.01 Whenever an employee is duly summoned to appear as a witness in an action arising out of his employment adverse to ANAHEIM, except where the employee is a litigant or a defendant in a criminal case brought about as a result of his own misconduct, he shall receive his regular compensation for any regularly scheduled working hours spent in actual performance of such service. 39.02 Whenever an employee is summoned to appear as a witness for court matters within the scope of his employment, he shall be compensated in accordance wlth provisions concerning compensation for normal performance of duties. 39.03 Employees receiving witness fees shall remit such fees to the Collection Officer in order to be considered at work for payroll purposes during time spent as such witnesses. -59- ARTICLE 40 LEAVE WITHOUT PAY 40.0 Any employee who is absent from work and who is not on leave with pay shall be considered to be on leave without pay. 40.0! An employee on leave without pay shall receive no compensation and shall accumulate no vacation or sick leave while on such leave. 40.02 An employee who has need to be absent from work and who is not eligible for leave with pay may request to be placed on leave without pay. Leave without pay for a period not to exceed forty (40) working hours may be granted by the employee's division head. Leave without pay in excess of forty (40) hours shall require the approval of the Chief of Police. 40.05 In the event that leave without pay is granted an employee for reasons of non-job related illness or physical incapacity due to non-Job related illness or injury, ANAHEIM shall continue to pay for any hospitalization and major medical insurance previously paid for by ANAHEIM for a maximum of twenty-four (24) complete months. ANAHEIM shall waive the payment of employee premiums for any ANAHEIM sponsored medical, dental and life insurance benefit plans for a maximum of twenty-four (24) complete months. 40.04 In the event that leave without pay is granted an employee for an absence due to a disputed or accepted worker's compensation illness or injury. -60- ANAHEIM shall continue to pay for any hospitalization and major medical Insurance previously paid for by ANAHEIM for a maximum of one (1) year. ANAHEIM shall waive the payment of employee premiums for any ANAHEIM sponsored medical, dental and life insurance benefit plans for a maximum of one (1) year. 40.05 An employee who is absent from work for a period of (1) one year on leave without pay shall be separated from service; provided however that an employee who is absent from work as a result of a disputed worker's compensation illness or injury shall not be separated until he has been absent for two (2) years. An employee separated under the provisions of this Article shall be eligible for reinstatement pursuant to ARTICLE 34 - REINSTATEMENT. No psychological evaluation will be required. An employee separated under the provisions of thls Paragraph will not have his eligibility or benefits changed under the Long Term Disability Plan. 40.06 An employee returning to work from leave without pay shall be placed in the same salary step he was in prior to such leave. If such leave was in excess of two 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 17.0 provided that he returns to a position in the same Job class. If he returns to a position, in a lower Job class, his salary step status shall be determined in accordance with the provisions of ARTICLE 35. -61- ARTICLE 4! MILITARY LKAVE 41.0 ANAHEIM'S policy relating to military leave and compensation therefore, shall be in accordance with the provisions of the Mllltary and Veterans Code of the State of California, (Section 395) and with all Federal provisions (Public Law 93-508). -62- ARTICLE 42 SICK LEAVE 42.0 Employees shall accrue annual sick leave with pay in accordance with the fo/lowing provisions: 42.02 Regular, 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. 42.02 Paid sick leave shall continue to accrue in accordance with the above provisions during any period of leave with pay except that Public Safety employees who remain on Industrial Accident Leave in accordance with ARTICLE 38 Industrial Accident Leave after exhausting State mandated 4850 benefits shall accumulate no Sick Leave. 42.03 An employee requesting sick leave for an absence from work as a result of any injury or disease which comes under the State of California Worker's Compensation Insurance and Safety Act after eligibility for Industrial Accident Leave has ended shall receive maximum compensation from ANAHEIM in an amount equal to the difference between temporary disability payments mandated by the State of California Worker's Compensation Insurance and Safety Act and his regular basic rate of pay. 42.1 Each employee shall have one (1) hour deducted from his accrued sick leave time for each hour of slck leave taken. The minimum amount of Sick Leave that may be taken at any glven time -63- shall be one (1) hour. 42.2 Sick leave that is accrued, but not taken, shall be accumulated. 42.21 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 hours accumulated beyond one hundred seventy-five (175) in each calendar year. Payment shall be made in January of each year, or upon the employee's termination of employment for any reason. A maximum of one hundred seventy-five (175) hours shall carry over from year to year. 42.3 An employee who has completed six (6) months as a regular full-time employee and is continuously and totally disabled for more than one (1) calendar month, shall receive a short term disability benefit of net sixty percent (60%) of his base rate of pay, after withholding taxes, and less deductible benefits. Such disability benefit shall continue during total disability up to a maximum of six (6) months from date of disability. Upon completion of thirty (30) and/or ninety (90) days of absence while receiving short term disability benefits, an employee shall be required to undergo a physical examination by the treating physician or medical practitioner and shall submit a report of such examination explaining the nature and extent of the disabling illness or injury and the prognosis and date of expected return to work. Short term disability benefits shall continue beyond sixty (60) and/or one-hundred twenty (120) days of absence only upon submission of the report of physical examination by the treating physician or medical practitioner. 42.31 Deductible benefits include salary or other -64- compensation paid by any employer: Worker's Compensation Act or similar /aw including benefits for partial or total disability, whether permanent or temporary if benefits being received are for the current disabling condition; a pension plan toward which ANAHEIM contributed. 42.32 Total disability means an employee's complete Inability to engage in his regular occupation. 42.33 Benefits are not payable unless the employee is regularly seen and treated by a licensed physician or medical practitioner who certifies to the continuing disability. 42.34 ANAHEIM shall waive the payment of employee premiums for any ANAHEIM sponsored medical, dental and life insurance benefit plans during any bi-weekly pay period during which short term disability benefits are paid. 42.4 In the event that any paid holiday occurs during a period when any 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. 42.5 An employee eligible for paid sick leave shall be granted such leave for the following reasons: 42.51 Illness of the employee or physical incapacity of the employee due to illness or injury. -65- 42.52 Enforced quarantine of the employee in accordance with community health regulations. 42.53 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 shall be granted in accordance with the best interest of ANAHEIM and the employee's department or division. 42.54 Temporary disabilities caused by pregnancy and childbirth. 42.55 Up to twenty-four (24) hours of sick leave per calendar year shall be granted for illness of the employee's immediate family. 42.0 An employee who cannot perform his assigned duties due to illness or physical incapacity shall inform his immediate supervisor of the fact and the reason therefore as soon as possible. Failure to do so within a reasonable time may be cause of denial of sick leave with pay. 42.7 In the event that an employee is absent on sick leave in excess of twenty-four (24) consecutive working hours, the Chief of Police or division head may require that the employee submit to him a written statement by a physician licensed by the State of California certifying that the employee's condition prevented him from performing the duties of his position. Failure on the part of the employee to comply with such a requirement may be considered for disciplinary action. 42.8 In the event that an employee becomes ill during working hours and ts placed on paid sick leave prior to the close of the -66- work day, such paid sick leave shall be calculated to the nearest hour. 42.9 Effective December 19, 1980, accrued sick leave hours shall be entered in a new sick leave plan and regular full-time employees with an average regular work week of forty (40) hours who were employees as of that date shall have up to one hundred seventy-five (175) hours transferred to the usable sick leave account. The remainder (over 175 hours) shall be credited as follows: seventy-five percent (75~) to be reported as service credit at retirement; twenty-five percent (2~) converted to cash value at the employee's current (December 19, 1980) regular hourly rate of pay and paid with interest at retirement, layoff or to his beneficiary, as designated by Public Employee's Retirement System records if the employee dies while employed. 42.91 Employees hired before November 1, 1985, who retire in calendar year 1984, or thereafter shall recelve service credit for all hours up to one hundred and seventy-five (I?S). 42.92 An employee who has more than five (5) years of continuous City service and is age 50 or older may elect once each calendar year to receive all or a portion of his Employee Sick Leave Trust Fund amount. When requested, such payments may be diverted to the employee's Deferred Compensation account, within limits established by law or paid in cash by separate check subject to standardized withholding taxes. When partial payment is requested, the amount shall not be less than 25~ of the balance, and a maximum of four (4) such partial payments shall be allowed with the fourth payment paying the entire remaining balance In the -67- account. 42.10 If two or more periods of total disability occur during a specific six-month elimination period for the insured LTD plan, all such periods shall be considered as one period of continuous total disability under the following conditions: 42.101 All periods of total disability must be due to the same cause or causes; and 42.102 All recurring periods of total disability that qualify as one period of continuous total disability for the insured LTD plan, shall qualify as one (1) period of continuous total disability for the Short Term Disability Plan and shall not require a new one-month waiting period before Short Term Disability Benefits shall be paid; and 42.103 Commencement of the benefit period for the insured LTD plan shall automatically terminate benefits from the Short Term Disability Plan. -68- ARTICLE 43 VACATIONS 43.1 Regular, full-time employees with an average regular work week of forty (40) hours shall receive annual vacation with pay ~n accordance with the following provisions: 43.11 For the first four (4) years of continuous, full-t/me service such employees shall accrue paid vacation at the rate of three (3) hours for each complete bi-weekly pay period plus two (2) hours of paid vacation at the close of the final complete bi-weekly pay period of each fiscal year (eighty (80) hours or ten (10) working days a year). 43.12 Upon completion of four years of continuous, full-tlme service such employees shall accrue paid vacation at the rate of four (4) hours for each complete bi-weekly pay period (one hundred four (104) hours or thirteen (13) working days a year). 43.13 Upon completion of eight years of continuous, full-time service, such employees shall accrue paid vacation at the rate of five (5) hours for each complete bi-weekly pay period (one hundred thirty (130) hours or sixteen and one fourth (16.25) working days a year). 43.14 Upon completion of fourteen (14) 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 or nineteen and one half -69- (19.5) working days a year). 43.15 Upon completion of nineteen years of continuous, full-time service, such employees shall accrue paid vacation at the rate of seven (?) hours for each complete bi-weekly pay period (one hundred eighty-two (182) hours or twenty-two and three fourths (22.75) working days a year). 43.2 Paid vacations shall continue to accrue in accordance with the above provisions during any period of leave with pay, except that employees who remain on Industrial Accident Leave in accordance with ARTICLE 38 - INDUSTRIAL ACCIDENT LEAVE after exhausting State mandated 4850 benefits shall accumulate no vacation. Ali vacations shall be scheduled and taken in accordance with the best interests of ANAHEIM and the Anaheim Police Department in which the employee is employed. The maximum amount of vacation that may be taken at any given time shall be that amount that has accrued to the employee concerned. The minimum amount of vacation that may be taken at any given time shall be one (1) hour. 43.3 An employee shall be eligible to take any accrued vacation upon completion of thirteen (13) continuous bi-weekly pay periods of service. 43.4 Each employee shall have one (1) hour deducted from his accrued vacation time for each hour of vacation taken. Vacation which is accrued, but not taken, shall be accumulated. 43.5 Maximum vacation accumulations for employees with an average regular work week of forty (40) hours shall be as follows: -70- 43.51 For employees accruing vacation at the rate of eighty (80) hours for every twenty-six (26) complete bi-weekly pay periods, the maximum amount of vacation that may be accumulated shall be one hundred sixty (160) hours. 43.52 For employees accruing vacation at the rate of one hundred four (104) hours for every twenty-six (26) complete bi-weekly pay periods, the maximum amount of vacation that may be accumulated shall be two hundred eight (208) hours. 43.53 For employees accruing vacation at the rate of one hundred thirty (130) hours for every twenty-six (26) complete bi-weekly pay periods, the maximum amount of vacation that may be accumulated shall be two hundred sixty (260) hours. 43.54 For employees accruing vacation at the rate of one hundred fifty-six (156) hours for every twenty-six (26) complete bi-weekly pay periods, the maximum amount of vacation that may be accumulated shall be three hundred twelve (312) hours. 43.55 For employees accruing vacation at the rate of one hundred eighty-two (182) hours for every twenty-six (26) complete bi-weekly pay periods, the maximum amount of vacation that may be accumulated shall be three hundred sixty-four (364) hours. 43.6 Upon termination, an employee shall be compensated in cash at his current rate of pay for any vacation accrued but not taken, provided that he has successfully completed thirteen (13) -71- weekly pay periods of service. 43.7 In the event that any recognized holiday occurs during any 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. -72- ARTICLE 44 GENERAL OVERTIME 44.0 A full-time employee who performs authorized work in excess of his normal work period, regular work week, work day or shift shall be compensated for such work at the rate of one and one-half times his regular hourly rate of pay. 44.01 Overtime shall be calculated to the nearest one- quarter hour of overtime worked, except any overtime of less than one-half (1/2) hour duration shall be calculated to the nearest one-half (1/2) hour. 44.02 All overtime must be authorized by the appropriate division head. 44.03 Compensatory time at the overtime rate for employees may be authorized by the appropriate supervisor in lieu of pay on the basis of the best interests of the Anaheim Police Department and ANAHEIM, but, the employee shall have the option of being paid in cash for any overtime work performed, or accepting the half time portion in pay and accumulating the straight time. He shall also have the option of accruing up to a maximum of eighty (80) hours compensatory time per year. Such compensatory time shall be paid off to a balance of forty (40) hours on the last payday in June of each year. A terminating employee shall be compensated at his current rate of pay for accrued compensatory time. 44.04 Notwithstanding the above overtime provisions, -73- there shall be no compensation for the time spent in attending meetings of any kind which are for the purpose of education or training. 44.1 The Job classes of Police Sergeant - Special Events and Police Sergeant-Special Events PA shall be exempt from the above overtime provisions when performing any duties related to the Special Events assignment during the sixth or seventh days in a work week. These Job classes shall be designated in the resolution establishing rates for Job classes by an "X" before schedule numbers. Exempt compensatory time off (at the rate of straight time) or overtime at the rate of time and one-half at the employees election for overtime worked by employees during the sixth or seventh days in a work week in these Job classes may be authorized and administered by the Ghief of Police. Exempt compensatory time off shall be authorized during a partial work day or shift absence when the employee is no longer eligible to receive any other authorized paid leave. 44.2 Employees assigned to work overtime at events held in facilities operated by ANAHEIM for which ANAHEIM is reimbursed shall not be allowed compensatory time for such work but shall be compensated at the appropriate overtime rate of pay. -74- ARTICLE 45 BILINGUAL PAY 45.0 Employees required to speak, read and/or write in Spanlsh or other languages as well as English as part of the regular duties of their position will be compensated at the rate of fifty dollars ($50.00) per bi-weekly pay period in addition to their regular pay. 45.01 The Chief of Police shall designate which positions shall be assigned bilingual duties and shall determine which languages where there is a substantial non-English speaking population in the community shall be eligible for Bilingual Pay. 45.02 The Human Resources Director shall conduct a test of competency for employees whose positions 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. 45.03 Bilingual Pay eligibility shall continue in accordance with the above provisions during any period of leave with pay. 45.1 ANAHEIM agrees that no employee shall be required to take the test of competency and receive Bilingual Pay. -75- ARTICLE 46 CALL-OUT 46.0 Call out compensation shall be in accordance with the following provisions: 46.01 All emergency call-out t/me shall be calculated to the nearest one-quarter (1/4) hour of time worked. 46.02 When an employee is called out for emergency work, he shall be paid at the rate of one and one-half times his regular rate of pay for such emergency work. 46.03 A minimum of two (2) hours (including travel time) of pay at the rate of one and one-half times the employee's regular rate of pay shall be guaranteed for each emergency call out 46.04 Forty-five minutes time shall be added to the time worked to compensate the employee for travel t~me incurred for each emergency call out 46.05 Employees subpoenaed to appear during off-duty hours as a prosecution witness for court matters within the scope of their employment and who receive such subpoenas after 5:00 PM of the calendar day prior to the date of court appearance shall receive overtime compensation according to emergency call out provisions. 46.06 Employees subpoenaed to appear during off-duty hours as a prosecution witness for court matters within the scope of their employment and who -76- receive such subpoena before 5:00 PM the calendar day prior to the date of court appearance shall be compensated at the appropriate rate of pay. 46.1 A minimum of two (2) hours pay at the rate of one and one-half times the employee's regular rate of pay shall be guaranteed for planned overtime, except when such overtime occurs immediately before or after a regular work period. -77- ARTIGLE 47 UNIFORM PATROL GRAVEYARD SHIFT DIFFERENTIAL 47.0 An employee assigned to uniform patrol who works a shift regularly scheduled to begin at 10:30 PM, or thereafter, but before 3:00 A.M. shall be eligible to receive graveyard shift differential pay effective July 21, 1989. 47.01 A premium of 2.0~ of the employee's regular hourly rate of pay shall be paid for work performed in the graveyard shift. 47.02 Graveyard shift premium shall be payable only for regular shift hours actually worked and shall not be paid for overtime or non-work time, such as vacations, holidays, sick leave, etc. -78- ARTICLE 48 SPECIAL ASSIGNMENTS 48.0 A Police Officer assigned to Accident Inveetigation will be classified as a Police Officer - Detective/Investigator after one complete consecutive year in this assignment. 48.1 ANAHEIM agrees to pay five percent (5~) per hour in addition to an employee's regular rate of pay to licensed helicopter pilots assigned to helicopter duty. 48.2 ANAHEIM agrees to pay ten per cent (10~) per hour in addition to an employees regular rate of pay to licensed helicopter pilots with a commercial license assigned to helicopter duty. 48.3 A Police Officer assigned to Detective/Investigator or Motorcycle duty assignment shall be compensated as follows: 48.31 The assignment pay shall be paid once a year on the last payday in June beginning in 1990 to those employees assigned to a Detective/Investigator and/or Motorcycle duty assignment on the date the assignment payment is paid. 48.32 The annual assignment payment shall be $500. -79- ARTICLE 49 SHORT SHIFT CHANGE 49.0 Short shift change as defined herein shall be compensated at the rate of one and one-half (1.5) times the employee,s regular hourly rate of pay. 49.01 The first work day on a new schedule after transfer from one schedule of working days to another without notification of such transfer at the least twenty-four (24) hours in advance of the starting time of the new schedule. 49.02 The first shift after transfer from one eight (8) hour working shift to another without notification of such transfer at least twenty-four (24) hours in advance of the starting time of the new shift. 49.03 Whenever required to transfer from one schedule of working days to another with but eight (8) hours off between shifts more than once in a work week. 49.04 No overtime compensation shall be paid for any hours worked on a second shift in any twenty-four (24) hour period, which hours are worked as a result of the regular shift rotation or which hours are worked as a result of shift changes or changes in days off mutually agreed upon by employees for their convenience. Any changes tn days off must be in the same work week. -80- ARTICLE 50 STAND BY 50.0 An employee assigned to standby duty for purposes of being on call to handle emergency situations arising at times other than during normal working hours shall be guaranteed two (2) hours of pay at his regular hourly rate of pay for each calendar day of such standby duty. 50.1 In the event, a Detective/Investigator is assigned on call to handle emergency situations arising at times other than during normal working hours he shall be guaranteed two (2) hours of pay at his regular hourly rate of pay for each complete calendar week of such on call duty. -81- ARTICLE 5! TRAVEL AND MILEAGE EXPENSES 51.0 Travel expense allowance for employees while on ANAHEIM business shall be provided in accordance with regulations established by the Anaheim City Manager and/or the Anaheim City Council. 51.1 Anaheim's Mileage Reimbursement rate will be the maximum mileage allowance established by the Internal Revenue Service for which an employee does not have to account to his employer for business transportation expenses. 51.2 Any increase or decrease shall be effective the first day of the second month after the date of publication by the Internal Revenue Service. -82- ARTICLE 52 K-9 - UNIT 52.0 Officer Selection 52.0! The Anaheim Police Department shall determine the standards and procedures for selection of officers assigned to the K-9 Unit. 52.! Compensation 52.2 52.11 Premium and call out compensation shall be in accordance wlth the provisions of ARTICLES 44 and 46. Conditions of Assignment 52.21 Officers selected for the K-9 Unit shall agree to a two (2) year minimum assignment to the K-9 Unit. 52.22 K-9 officers shall reside within 30 minutes normal driving time from the Police Department. 52.23 K-9 officers shall have the approval of all family members living in the same household and all ad3acent neighbors to participate in the K-9 Unit. 52.24 ANAHEIM shall be responsible for constructing a dog house and run on the K-9 officer's property. 52.25 K-9 officers shall live in a single-family dwelling. If renting or leasing the officer shall have a long-term agreement and written permission of the property owner to house the dog. -83- 52.3 Program Operation 52.31 Equipment Assignment. 52.311 K-9 officers shall be permanently assigned a squad car, hand-held radio and a charger which will be kept at the officerts home when not on duty. 52.312 Such general training and handling equipment as required to maintain the dog in first-rate condition shall be provided by the Anaheim Police Department. 52.32 Care of the dog 52.321 The Anaheim Po/ice Department shall provide necessary veterinarian visits on duty or officer shall be compensated at the appropriate overtime rate of pay for off-duty visits in accordance with Article 44 General Overtime. 52.322 The Anaheim Police Department provide dog food and feeding utensils. shall 52.323 During K-9 officer vacations, the dog shall be housed with another K-9 Unit or at a kennel, at the discretion of the Anaheim Po/ice Department. Kennel boarding expenses shall be borne by the Anaheim Police Department. 52.324 K-9 officers shall be responsible for -84- providing general care for the dog, ensuring that the animal is in good health and fit for duty. 52.4 Training as directed by the Anaheim Po/Ice Department shall be conducted while the officer is on duty. Overtime training shall be compensated at the regular overtime rate of pay in accordance with ARTICLE 42, GENERAL OVERTIME. -85- ARTICLE 53 MEAL ALLOWANGE 53.0 ANAHEIM shall provide an employee adequate meals under the following conditions. 53.01 An employee shall be provided with two adequate meals if he is called out on emergency overtime work one (1) or more hour before a scheduled work day. If a meal has been earned under another section of this rule within two (2) hours of the scheduled work day, only one meal shall be provided under this section. 53.02 An employee will be provided one meal if he is called back to emergency overtime work within one and one-half (1-1/2) hours after normal quitting time and works beyond two and one-half (2-1/2) hours after normal quitting time. 53.03 An employee shall be provided an adequate meal if he works two (2) hours or more overtime beyond the normal quitting time. 53.04 An employee shall receive one meal if he is scheduled to work overtime two (2) hours or more before a regular day. 53.05 An employee shall be provided an adequate meal at four (4) hour intervals during the performance of emergency overtime work. 53.06 Meal tlme shall be compensated at the appropriate overtime rate and shall normally be limited to -86- one-half (1/2) hour w~th a maximum l~mit of forty-five minutes paid meal t~me. 53.07 An employee may at his request, be compensated for meals at the rate of one-half (1/2) hour of overtime pay per meal. -87- ARTICLE 54 MISCELLANEOUS 54.0 Motorcycle and Vice, Narcotics, Criminal Intelligence employees shall not be granted travel time when driving an ANAHEIM City vehicle to and from work. 54.1 Uniformed personnel of the Police Department and certain other designated personnel shall be furnished uniforms in accordance with regulations established by the Ghief of Police. 54.2 ANAHEIM agrees that employees assigned to uniformed work units may elect to wear long sleeve or short sleeve uniform shirts at the employee's discretion. For special events such as parades, concerts, funerals, etc. the Chief of Police may designate the appropriate uniform to be worn. -88- ARTICLE 55 POLICE OFFICER TRAINEE 55.0 ANAHEIM and the APA agree that employees hired into the Police Officer Trainee classification shall be members of the "miscellaneous" retirement plan rather that the "Safety" formula. Upon satisfactory completion of basic recruit traininG, Police Officer Trainees shall be promoted to Police Officer (Safety Plan). -89- ARTICLE §6 ADMINISTRATIVE LEAVE WITH PAY 56.0 EmpIoyees in ciassiflcations listed in Appendix "A" may be placed on Administrative Leave with pay at the discretion of Police Department management with the concurrence of the Anaheim City Manager under the fo/lowing circumstances: 56.01 Officers lnvolved in shooting. 56.02 Officers suspected of wrongful acts at such times as the best interests of ANAHEIM are served by keeping such officers away from the workplace. -90- ARTIGLE §7 GRIEVANCES GENERAL 57.0 Any alleged violation of the terms and conditions of this Agreement or any alleged improper treatment of an employee, or any alleged violation of commonly accepted safety practices and procedures shall be considered to be a matter sub3ect to review through the grievance procedure and settled in accordance with the provisions of this Article. 57.1 Any violation of this Memorandum as alleged by ANAHEIM shall be resolved between authorized representatives of ANAHEIM and the APA. In the event that the parties cannot resolve the dispute, the dispute shall, upon the request of either party, be referred to the arbitrator for a final and binding decision. 57.2 All expenses of any arbitration shall be borne equally by ANAHEIM and the APA. 5?.$ Employee grievances shall be handled in the following manner: 57.3! First Step. An attempt shall be made to ad3ust all grievances on an informal basis between the employee and/or his designated representative and a supervisor in the employee's chain of command, up to and including his division head, within five (5) working days after the occurrence of the incident involved in the grievance. The division head shall deliver his answer within five (5) working days after submission of the grievance to him. 57.32 Second Step. If the grievance is not -91- satisfactorily adjusted in the First Step, it shall be submitted in writing to the Chief of Police within five (5) working days after the division head's answer is received by the employee and/or his designated representative. The Chief of Police shall meet with the employee and/or his designated representative within ten (10) working days after submission of the grievance to him. The Chief of Police shall review the Grievance and may , affirm, reverse, or modify as he deems appropriate, the disposition made at the First Step and shall deliver his answer to the employee and/or his designated representative within five (5) working days after said meeting. 57.33 Third Step. If the grievance is not satisfactorily adjusted in the Second Step, it shall be submitted to an impartial arbitrator for a final and binding decision (or, if the Anaheim City Manager and the employee and/or his designated representative agree, it shall be submitted to the Anaheim City Manager for a final and binding decision). Such submission must occur within thirty (30) days after the Chief of Polices' answer is received. 57.34 If submitted to the Anaheim Glty Manager, the Anaheim City Manager or his assistant shall meet with the employee and/or his designated representative within ten (10) working days after submission of the grievance to him. The Anaheim City Manager or his assistant may affirm, reverse, or modify as he deems appropriate, the disposition made at the Second Step. -PZ- 57.35 The Anaheim City Manager or his assistant shall deliver his decision to the employee and/or his designated representative within five (5) working days after said meeting, and such decision shall be final and binding on both parties. 5?.4 In order to request arbitration, either party shall serve written notice to the other party specifying the grievance to be submitted. The parties shall thereafter attempt to resolve the issue and select the arbitrator. If such written notification and selection of the arbitrator is not completed within thirty (30) days after the Chief of Polices' answer is received by the employee and/or his designated representative, then either party may take action to compel arbitration. Failure to take action to compel arbitration within thirty (30) days shall conclusively be deemed abandonment of the right to compel arbitration. 57.41 The arbitrator's decision shall be final and binding on both parties, it being agreed that the arbitrator shall have no powers to add to or subtract from nor to modify any of the terms of any Memorandum of Understanding between the parties and that the arbitrator's award shall be consistent with and controlled by this Memorandum, Ordinances and Charter of Anaheim, and the laws and Constitution of the State of California. 57.42 The arbitrator shall be requested by the parties to render his decision in writing as quickly as possible but in no event later than thirty (30) days after the conclusion of the hearings, unless the parties agree otherwise. -93- 57.5 Any grievance not presented and/or carried forward by the employee and/or his designated representative within the time limits specified in this Article shall be deemed null and void, provided, however, the employee and/or his designated representative and the ANAHEIM representative may agree to continue said time limits. 57.6 Any adoption, deletion, or revision of ANAHEIM policy as may be suggested or recommended by any employee or employee organization shall not be considered to be a matter subject to review through the grievance procedure. 57.7 An employee who has been suspended, demoted, or dismissed may be reinstated to his position as a result of a successful appeal through the grievance procedure. In the event of such reinstatement, the employee shall be returned to his former status of employment, including reinstatement of seniority and accrued fringe benefits. In such cases, the Anaheim City Manager may order the payment of back pay to a reinstated employee in any amount up to payment for the full period of time involved. In implementing an arbitrator's award, the Anaheim City Manager shall order the payment of back pay to a reinstated employee in the amount provided in the arbitrator's award. It shall be conclusively presumed that there is no award of back pay to a reinstated employee unless specifically set forth in the written order of the Anaheim City Manager. Any earnings of the reinstated employee from other employment during his period of suspension shall be deducted from the amount of back pay ordered by the Anaheim City Manager. 57.8 Employees shall have the right to be represented in grievance matters in the following manner: 57.81 Employees shall have the right to represent -94- themselves individually in grievance matters. 57.82 Employeeg may designate a representative to represent them in grievance matters. 57.83 No supervisor shall be represented in grievance matters by an employee whom he may supervise. 57.84 No employee shall be represented tn grievance matters by a supervisor for whom he may work. 57.9 ANAHEIM and the APA agree that a member of the Board of Directors of the APA may represent in grievance matters an employee whom he may supervise or an employee for whom he may work, except when the member of the Board of Directors is a party to the grievance. -95- ARTICLE 58 INSURANOE 58.0 Active Employees 58.01 Health Insurance 58.011 ANAHEIM agrees to sponsor the City Medical Plan, Kaiser Foundation Health Plan and other prepaid and/or insured health plans recommended by the Joint Committee on Medical Programs and sponsored by the Anaheim City Council. 58.012 ANAHEIM shall limit its monthly contribution to the various medical plans as follows: 58.0121 For all medical plans sponsored by ANAHEIM, shall contribute a monthly amount equal to 100~ of Kaiser plan monthly rate during the term of this Agreement. 58.0123 During the term of this Agreement, employees who select a medical plan other than Kaiser, shall be required to contribute an amount equal to 100~ of the excess amount over the Kaiser monthly rate, except for the self-funded City Medical Plan, wherein ANAHEIM shall contribute to the following schedule: -96- ~989 ~990 ~99! 110~ of the Kaiser Plan 105~ of the Kaiser Plan and thereafter 100~ of the Kaiser Plan 58.013 The City Medical Plan shall be described in a booklet which shall become a part of this Memorandum by reference. Changes recommended by the Joint Committee on Medical Programs and approved by the Anaheim City Council shall also become a part of this Memorandum by reference. 58.014 For all medical plans, married ANAHEIM employee couples shall be allowed only one medical plan and only one dental plan to cover all family members, and married ANAHEIM employee couples covered by one plan shall pay no health insurance premium while both spouses are employed by ANAHEIM. 58.015 Proof of marriage shall be required of all employees enrolled in any City Medical plan to enroll a dependent spouse after February 1, 1984. 58.016 The Master contract between ANAHEIM and the plan administrator shall govern in the event of any disputes over any matter within the provisions of the contract. 58.017 The benefit schedules for the prepaid HMO -97- health plans shall not be modified unilaterally by ANAHEIM, except that each company may, from time to time, make revisions to the master contract language or impose minor benefit modifications. If an imposed benefit modification results in a monthly fee increase, the cost-sharing provisions of this Memorandum in effect on the date the fee increase is effective shall be applied to the new fees. 58.018 In the event that eligible survivors of an employee who died as the direct and proximate result of personal injury sustained in the line of duty elect to continue health benefit coverage under COBRA, ANAHEIM shall continue to pay for any hospitalization and ma3or medical insurance previously paid for by ANAHEIM for a maximum of thirty-six ($6) complete months or until survivors are eligible for health benefit coverage by another employer, whichever occurs first. 58.02 Life Insurance 58.021 ANAHEIM agrees to contribute to the APA Life Insurance Trust Fund $4.25 per month per employee during the term of this memorandum. 58.022 The APA Life Insurance Trust Fund shall purchase and provide life insurance for its active employee members and their -98- enrolled dependents in amounts according to the following schedule: ANNUAL WAGE AMOUNT OF LIFE INSURANGE $10,000 but less than 15,000 but less than 20,000 and over $15,000 $20,000 $25,000 Dependent coverage for spouse and each dependent 5 years to 19 years of age $ 1,000 Dependents less than 5 years old Birth to 6 months $ 100 6 months but less than 2 years $ 200 2 years but less than 3 years $ 400 3 years but less than 4 years $ 600 4 years but less than 5 years $ 800 58.023 An employee who retires shall receive a paid-up life insurance policy, paid for wholly by ANAHEIM, with a face value of $100.00 for each complete year of service and $50.00 for more than slx months, but less than a complete year of service up to a maximum of $2,000.00. 58.024 ANAHEIM shall pay a $10000 death benefit in addition to other life insurance and death benefits to the eligible survivors of an employee who died as the direct and proximate result of personal injury sustained in the line of duty. -99- 58.03 Long Term Disability Benefits 58.031 ANAHEIM agrees to pay the cost of long term disability insurance premiums during the term of this Memorandum. 58.032 ANAHEIM shall pay the premium for employee group long term disability insurance coverage in accordance with the provisions of any contract between ANAHEIM and any company or companies providing such coverage. 58.033 ANAHEIM shall only provide long term disability for nonoccupational disabling conditions, commencing February 1, 1984, provided however, that employees who apply for an industrial disability pension under PERS shall be advanced 50~ of their regular monthly pay until such time as they receive their first PERS disability retirement check. Such employee shall be required to reimburse ANAHEIM for said advance and to insure compliance shall be required to post a surety bond upon initial payment of the advance guaranteeing payment to ANAHEIM. 58.034 ANAHEIM and the APA agree in the event an LTD overpayment by an ANAHEIM self-funded LTD program occurs as a result of a contested Workers' Compensation claim or as the result of the failure to report -100- "deductible earnings", ANAHEIM may reduce any settlement award or pay check to recover the cost of the overpayment. 58.035 ANAHEIM and the APA agree tn the event an LTD overpayment by a carrler occurs as a result of a contested Workers' Compensation claim or as a result of the failure to report "deductible earnings", the employee/recipient of such LTD benefits agrees to fully honor his own contractual obligations to the LTD carrier to repay any overpayment directly to the LTD carrier. 58.04 Dental Plans 58.041 ANAHEIM agrees to continue sponsorship of the fee for service dental plan. 58.042 ANAHEIM agrees to continue sponsorship of prepaid dental plans. 58.043 For the various Dental Plans, ANAHEIM shall during the term of this Memorandum pay an amount equal to 100~ of the current monthly Safeguard rate or the 1984 rate whichever is greater. 58.05 Short Term Disability 58.05! ANAHEIM agrees to continue sponsorship of the employee pald short-term disability insurance coverage for presently enrolled -101- employees during Memorandum. the term of this 58.052 ANAHEIM agrees to provide the existing Short Term Disability plan. ANAHEIM agrees to pay ANAHEIM'S portion of medical, dental, life, and optical insurance during the receipt of short term disability benefit. 58.06 Pensions 58.061 ANAHEIM agrees to amend its contract with PERS to provide the following benefits effective June 19, 1992: (a) (b) (c) (d) 2% at age 50 (Government Code Section 21252.01) Highest year final averaging (Government Code Section 20024.2) Post Retirement Survivors Allowance (Government Code Sections 21263, 21263.1, 21263.3) Credit for unused sick leave (Government Code Section 20862.8) ANAHEIM shall pay the Employees' nine percent (9%) contribution for this plan effective June 19, 1992. 58.062 ANAHEIM shall contribute a portion of the cost of employee retirement benefits in accordance with the provisions of the contract between ANAHEIM and the Public -102- Employees' Retirement System. 58.063 ANAHEIM shall contribute a portion of the cost of employee survivors' benefits In accordance with the provisions of the above contract. ANAHEIM has adopted Section 21382.4 of the California Government Code which increases monthly 1959 Survivor Benefits for Full Formula members to $350 (1) $?00 (2) and $840 (3 or more). 58.064 Employees covered by this Article may elect to receive additional compensation in the form of taxable wages and contribute up to a maximum of two per cent (2~) of the cost of employee retirement benefits. Such election shall be irrevocable and the employee must be within three (3) years of his anticipated retirement date. 58.0641 The additional compensation available under ARTICLE 58.064 shall be such that the total cost to ANAHEIM for the employee's wage and pension benefits is equal to the cost ANAHEIM would have paid if the employee had not elected to receive additional compensation. 58.1 Retired Employees -103- 58.11 Current Retired Employees 58.111 Health Insurance plans to current retirees in ARTICLE 58.011. shall be provided accordance with 58.112 Retlree contributions medlcal plans shall be the following schedule: to the various in accordance with Slngle 2-Party Family $15.00 monthly $15.00 monthly $45.00 monthly 58.12 Employees who retire within eighteen (18) months from January 1, 1984. 58.121 Retirees in this group who meet the requirements set forth below shall be eligible to maintain membership in the group health plan he/she is enrolled in at the time of retirement. 58.1211 Must be eligible to retire, and 58.1212 Must have completed at least 5 years of continuous, Full-Time ANAHEIM service on date of retirement, and 58.1213 Must be currently enrolled as a subscriber at time of separation from City service. -104- 58.1214 Or must be awarded a disability retirement by PERS. 58.122 Retiree contributions to the various plans shall be in accordance with the following schedule: Single 2-?arty Family $15.00 monthly $15.00 monthly $45.00 monthly 58.13 Employees who retire on or after July 1, 1985. 58.131 For employees hired prior to February 1, 1984, ANAHEIM contribution shall be: Service Retirements ANAHEIM Years of Service At Age 60 Under Age 60 10-14 40~ 20~ 15-19 60~ 30~ 20-24 80~ 40~ 25+ 90~ 45~ Industrial Disability Retirements WCAB Rating greater than or equal to ?0~ - ANAHEIM contribution percent shall be equal to 100~ of the WGAB rating to a maximum contribution of 90%. WCAB Rating less than ?0~ - ANAHEIM -105- contribution percent shall be equal to 50% of the WCAB rating until age 60, then 100% of the WOAB rating. If the retiree participates in a ANAHEIM sponsored Rehabilitation Plan, ANAHEIM contribution shall be 90% for one year or until rehabilitation plan ends, then ANAHEIM contribution reverts to the §0% or 100% standard. 58.132 For employees hired February 1, 1984 or later, ANAHEIM contribution shall be: Service Retirements ANAHEIM Years of Service At Age 60 Under Age 60 10-14 20~ 10% 15-19 30~ 15~ 20-24 25+ 45~ 22 1/2% Industrial Disability Retirements WCAB Rating greater than or equal to 70% - ANAHEIM contribution percent shall be equal to 50% of the WCAB rating. -106- WCAB Rating less than ?0~ - ANAHEIM contribution percent Shall be equal to of the WCAB rating until age 60, then 50~ of the WOAB rating. If the retiree participates in a ANAHEIM sponsored Rehabilitation Plan, ANAHEIM contribution shall b~ 45~ for one year or until rehabilitation plan ends, then ANAHEIM contribution 'reverts to the 25~ or 50~ standard. 58.133 General Retirees Conditions Applying to Ail 58.1331 Eligibility for continued membership in a ANAHEIM-sponsored medical plani requires that the retiree musti have ten (10) years ANAHEIM full-time continuous service ORi be awarded an Industrial D~sabllity Retirement from PERS as a result of a ANAHEIM 3ob incurred injury. 58. 1332 Surviving enrolled continue coverage following conditions: spouse may under the 1. The surviving spouse may continue membership until death, remarriage, or the date of eligibility in an employer sponsored group medical plan as -107- either a subscriber or dependent. 2. The surviving spouse shall not be permitted to enroll dependents that were not enrolled at the time of the retired employee's death. 58.1333 Coverage shall be cancelled: 1. Upon written request of the subscriber; 2. When subscriber is more than 90 days in arrears in payment of monthly premiums or fees, and only after proper notice has been given to the delinquent subscriber; 3. If the retiring employee waives coverage at time of retirement. 58.1334 Reinstatement of coverage shall not be allowed if the coverage has been cancelled, for coverage that was waived by the potential subscriber or when the surviving spouse was not an enrolled dependent at time of the subscribers death. 58.1335 Retirees and dependents who reach -108- age 65 and are eligible for Part A Medicare coverage without payment of monthly premiums are required to enroll for the Part A Medicare coverage. 58.1336 There shall be Coordination of Benefits where other insurance coverage exists, and ANAHEIM retiree plan shall be secondary if retiree takes other employment which provides medical coverage. 58.1337 Vision care benefits of the Vision Service Plan are EXCLUDED from the benefits for the Retired Group. 58.1558 ANAHEIM percentage contributions shall be based upon the current year premium rates which may be adjusted annually. 58.14 All employees hired on or after November 1, 1985, receiving PERS pension benefits described in ARTICLE 58.15 are eligible to participate in the supplemental deferred compensation program under the following conditions: 58.141 Any employee may contribute up to five percent (5%) of ANAHEIM's existing deferred compensation program. Employees shall not carry over to succeeding years unused portions of the five percent (5~) annual contribution limit. -109- 58.142 All contributions pursuant to this program shall be accounted for separately from other contributions made by the employee to the deferred compensation program. However, all accounts shall be calculated as one for purposes of establishing tax deferral limits. 58.143 On the date any employee commences a PERS Service Retirement, ANAHEIM shall match the funds held in such separate account subject to the following preconditions: 58.143! All employees must apply for and receive a PERS Service Retirement. 58.1432 All employees must leave ANAHEIM service. 58.1433 Ail employees must have ten (10) years of service with ANAHEIM. 58.1434 Ail employees must be covered by the PERS plan described in ARTICLE 58.151. (Any employee receiving two (2~) percent age 50 benefits is not eligible for this plan.) 58.144 ANAHEIM finding of said "matching funds" shall be open to inspection review, and audit by participants upon reasonable advance notice, -110- 58.145 ANAHEIM "matching funds" shall be distributed upon retirement of the employee subject to prevailing laws, rules, or regulations. 58.146 This supplemental deferred compensation program shall be a component of the deferred compensation program is subject to all current and future laws, rules and regulations pertaining to such plan. 58.147 Upon adoption of the PERS contract amendments (ARTICLE 58.061) effective June 19, 1992, this supplemental deferred compensation program shall cease. 58.15 All employees hired on or after November 1, 1985, shall be provided with the following PERS pension benefits: 58.151 The basic PERS plan with two percent (2%) at age 55 benefits: 58.1511 The basic PERS plan with three (3) year final averaging; and 58.1512 The basic PERS plan with 1959 survivors benefits equivalent to the current plan. 58. 152 ANAHEIM shall pay the ANAHEIM contribution and the Employees ' seven percent (?~) contribution for this plan. The -111- employees' seven percent (?~) contribution shall be made on behalf of the participants covered under ARTICLE 58.15 of the Memorandum in whose name said contributions shall vest automatically. -112- ARTIGLE 59 MEDICAL EXAMINATIONS 59.0 In order to be eligible for employment with ANAHEIM, candidates shall be required to pass a medical examination, the character of which shall be in accordance with standards established by the Human Resources Director. 59.1 In order to be eligible for promotion or transfer to a 3ob class in a category requiring greater physical qualification than his present Job class, any employee must pass the appropriate medical examination. 59.2 Any employee who returns of work after an absence in excess of forty-eight (48) consecutive working hours due to illness or physical incapacity may be required by his department head to undergo a medical examination. 59.21 Any employee who fails to pass a medical examination required under the provisions of ARTICLE 59.2 may be transferred or demoted to a position requiring lesser medical qualifications, recommended for disability retirement, or terminated. 59.3 All medical examinations required under the provisions of this Article shall be performed by a physician in active practice licensed by California State Law and within the scope of his practice as defined by California State Law. 59.4 ANAHEIM shall pay for any medical examination required under the provisions of this Article. 59.5 Employees shall be required to provide their department, on a yearly basis, evidence of good health. -113- ARTICLE 60 MANDATORY PERMANENT MODIFIED DUTY PROGRAM 60.0 ANAHEIM and the APA agree the Mandatory Permanent Modified Duty Program for Industrially injured safety employees, hereinafter referred to as the "Program" shall be administered in accordance with the following provisions: 60.01 Upon notification by a ANAHEIM-approved physician (ANAHEIM may select, at its discretion, the employee's treating physician as ANAHEIM approved physician) of permanent work restrictions, and/or the permanent and stationary status for an accepted industrial injury of an APA safety employee that precludes the employee from performing the full range of duties of his classification, ANAHEIM, may after conferring with the employee, select an appropriate available Program assignment. 60.011 ANAHEIM approved physician shall be provided with a detailed Job analysis of the modified duties to which the employee shall be assigned. Medical approval shall be obtained before the employee begins these duties. If the physician does not approve the initial modified duties selected, ANAHEIM may redesign the Program assignment to accommodate the employee's medical restrictions, or select an alternate Program assignment. 60.012 The employee shall retain his current rank or classification regardless of the -114- Program assignment. 60.013 Any employee participating in the Program may, at any time, request to be considered for reassignment to another Program assignment. 60.O14 Participation in the Program shall be considered return to usual and customary occupation for purposes of vocational rehabilitation. 60.02 Employees assigned to the Program shall be compensated at their normal hourly rate of pay including educational incentive pay and special assignment pay. 60.021 Employees assigned to the Program may apply for and receive "POST" premiums conditioned on the continuing recommendation of the Chief of Police. 60.022 Employees at different rates of pay may be placed in similar Program assignments. 60.03 Employees shall be assigned by the Chief of Police to Program assignments in accordance with the needs of the Police Department and individual medical work restriction. Such assignments may be modified to accommodate work restrictions. 60.031 Any employee assigned to the Program below the classification of L~eutenant shall not be upgraded to a higher classification -115- unless paid upgrade pay for the period assigned to those duties. 60.032 The Chief of police may reassign an employee assigned to the Program to other assignments for which they are medically qualified in accordance with the needs of the Police Department. 60.033 The hours worked by employees assigned to the Program shall be in accordance with the needs of ANAHEIM and in accordance with the Memorandum of Understanding. 60.04 Assignment to the Program shall continue until any of the following occurs: 60.041 ANAHEIM can no longer accommodate the employee's medical work restrictions and the employee receives a disability retirement. 60.042 The employee is medically released to full range of duties on a full time basis. 60.043 The employee is promoted to a higher classification in a regular position that the employee is medically qualified to perform. 60.044 ANAHEIM approves an employee generated disability retirement and retires the employee. -116- 60.045 ANAHEIM may eliminate the Program with at least one year notice to the APA of such action. ANAHEIM and the APA agree to meet and confer on the conditions under which the Program shall be eliminated. 60.05 Promotional opportunities will occur via the normal promotional processes. 60.051 When an employee assigned to the Program is ranked next on an eligibility list, he shall be promoted to any vacant position for which he is medically qualified. The Chief of Police is not required to transfer any employee in order to promote the employee. 60.06 All Program assignments shall be to productive work, provided the duties of the assignment may be modl'fied to accommodate the permanent work restriction medically placed on the employee. 60.07 An employee assigned to the Program shall be held to the same rules and regulations regarding 3ob performance (after consideration of physical restrictions) as other employees in a safety classification represented by the APA. 60.08 This Memorandum shall apply only to those employees in a safety classification as designated by PERS and represented by the APA. 60.09 ANAHEIM shall, after discussion with the APA, revise AR 2.6? to accommodate the terms and -117- conditions of this Memorandum. 60.10 Employees assigned to the Program shall be provided with Permanent Modified Duty Program Extended Disability, hereinafter referred to as "Extended Disability", benefits under the following conditions: 60.101 Any employee who has been at work in a Program assignment for all scheduled work hours for thirty (30) consecutive calendar days shall receive a one (1) time Extended Disability benefit balance credit of one thousand (1000) hours which shall be available for periods of temporary disability from work due to the medical conditions for which the employee was assigned to the Program for which Labor Code 4850 benefits have been previously paid. 60.102 Labor Code 4850 benefits must be exhausted prior to the utilization of Extended Disability benefits. 60.103 Extended Disability benefits shall be paid at a net sixty percent (60~) of the employee's base rate of pay after with- holding taxes less deductible benefits as identified in ARTICLE 35, Sick Leave. 60.104 An employee shall have one (1) hour deducted from his Extended Disability balance for each hour of such leave taken. -118- The minimum amount of Extended Disability leave that may be taken at any given time shall be one (1) hour. 60.105 Eligibility to use the Extended Disability benefit, shall be supported by a physician's certification verifying the need for the employee to remain off work and indicating the medical condition which cause the necessity and are subject to review by a physician selected by ANAHEIM. Failure. to promptly provide a physician's certification during any period of absence may result in denial of benefits. 60.11 Disputes arising out of this Memorandum are subject to the grievance procedure. -119- ARTICLE 6! FITNESS/WELLNESS PROGRAM 61.0 ANAHEIM and the APA agree to meet and confer to design and implement policies and procedures for a physical fitness and testing program and a wellness program. -120- ARTICLE 62 JOINT COMMITTEE ON MEDICAL PROGRAMS 62.0 The parties to this memorandum, in recognition of the need to provide an adequate level of medical care coverage at a reasonable cost to ANAHEIM and its employees hereby agree to the formation of a committee to analyze current ANAHEIM-sponsored medical programs, review alternative approaches to plan design and providing medical care programs, and investigate cost containment systems, all for the purpose of achieving adequate /ow-cost medical care for the employees of ANAHEIM. 62.1 Serving on the committee with Human Resources Department staff and operating Department management staff shall be two members from APA. 62.2 This committee shall meet as often as is necessary during the life of this memorandum and shall report to the Human Resources Director on a periodic basis its findings and recommendations for changes to ANAHEIM'S present medical programs. A report shall be prepared setting forth specific recommendations as to alternatives and cost containment provisions. The report shall be forwarded to ANAHEIM City Manager for review. 62.3 Because of the complexity of the problem and the diverse interests of the respective organizations, the parties recognize that it is incumbent upon all members of the committee to work in a spirit of harmony and cooperation to achieve what should be beneficial to all concerned. -121- ARTICLE 63 NO STRIKE 63.0 ANAHEIM and the APA recognize the obligation of the APA's employee members to continue to faithfully perform their services to ANAHEIM in accordance with the highest professional standards for peace officers. 63.1 No employee covered by this Memorandum of Understanding shall engage in, induce or encourage any concerted action against ANAHEIM including, but not limited to, strikes, work stoppages, slowdowns, "sick-in", "sick-outs", or withholding of services to ANAHEIM. 63.2 The APA agrees that neither it, nor any of its officers or agents shall call, institute, authorize, participate in, sanction or ratify any concerted action against ANAHEIM as specified above. -122- ARTICLE 64 OONSTRUGTION 64.0 Nothing in this agreement shall be construed to deny any person or employee the rights granted by Federal and State laws and City Gharter provisions. The rights, powers and authority of ANAHEIM City Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by this memorandum. The provisions of this memorandum are not intended to conflict with the provisions of Chapter 10, Division 4, Title ! of the Government Code of the State of California (Sections 3500, the seq.) as amended ~n 1982. -:1.23- AR?ICLE 65 SAVINGS CLAUSE 65.0 The resolution of ANAHEIM shall provide that if any provision of this Memorandum 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 Memorandum shall not be affected thereby, and shall remain in full force and effect. -].24- IIIlllllllllllllllllllllll O 0000 O0 Z ! tl{lliillll{I ~ll l}lJl ARTICLE 66 DURATION 66.0 The terms of this Memorandum is to remain in full force and effect until the 2nd day of July, 1992. Upon adoption of a resolution approving this Memorandum and the terms hereof by ANAHEIM City Council of ANAHEIM, this Memorandum shall be in full force and effect as of the 7th day of July, 1989. STATE OFFICIALS OF THE CIT.~ OF ANAHEIM, a municipal c4~°rati°n A ANAHEIM POLICE ASSOCIATION DATED: -125-