RES-2020-109 RESOLUTION NO. 2020 - 109
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ADOPTING A MEMORANDUM
OF UNDERSTANDING ESTABLISHING TERMS AND
CONDITIONS OF EMPLOYMENT FOR EMPLOYEES
REPRESENTED BY THE ANAHEIM MUNICIPAL
EMPLOYEES ASSOCIATION, POLICE CADET UNIT
WHEREAS, Chapter 1.06 of the Anaheim Municipal Code establishes the
employer-employee relations system for the City; and
WHEREAS, Chapter 1.06, Section 1.06.100 requires the Memorandum of
Understanding to be presented to the City Council for determination; and
WHEREAS,the Memorandum of Understanding between the City of Anaheim and
the Anaheim Municipal Employees Association, Police Cadet Unit, adopted by Resolution No.
2018-126, expired June 25, 2020; and
WHEREAS, the City Council of the City of Anaheim finds that approval of a
successor Memorandum of Understanding between the City of Anaheim and the Anaheim
Municipal Employees Association, Police Cadet Unit, executed on September 1, 2020, is in the
best interest of the City of Anaheim.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Anaheim that the Memorandum of Understanding between the Anaheim Municipal Employees
Association, Police Cadet Unit and the City of Anaheim executed by the City Management
Representative and the Anaheim Municipal Employees Association, Police Cadet Unit on
September 1, 2020, as set forth in the document attached hereto and incorporated by reference
herein, be and the same is hereby adopted and that the effective date of such Memorandum of
Understanding shall be June 26, 2020 through June 24, 2021.
BE IT FURTHER RESOLVED that the Human Resources Director shall be delegated
with the authority to publish the authorized salary schedule in said Memorandum of
Understanding in any format meeting the requirements of California Code of Regulations section
570.5.
BE IT FURTHER RESOLVED that Resolution No. 2018-126 is hereby repealed effective
June 25, 2020.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 15th day of September 2020, by the following roll call vote:
AYES: Mayor Sidhu and Council Members Faessel, Barnes,
Brandman, Moreno, Kring, and O' Neil
NOES: None
ABSENT: None
ABSTAIN: None
Ai 0 OF THE T OF ANAHEIM
CITY CLERK F THE CITY O'rANAHEIM
Attachment 2
MEMORANDUM OF UNDERSTANDING
between the
ANAHEIM MUNICIPAL EMPLOYEES
ASSOCIATION,
POLICE CADET UNIT
and the
CITY OF ANAHEIM
June 26, 2020 through June 24, 2021
TABLE OF CONTENTS
ARTICLE 1-PREAMBLE 3
ARTICLE 2-PURPOSE 3
ARTICLE 3-RECOGNITION 4
ARTICLE 4-EMPLOYEE RIGHTS 4
ARTICLE 5-MANAGEMENT RIGHTS 4
ARTICLE 6-CHECK-OFF 5
ARTICLE 7-HOURS OF WORK AND PAY DAY 5
ARTICLE 8-PROBATION 5
ARTICLE 9-WORKING CONDITIONS 6
ARTICLE 10-ROTATION AND ASSIGNMENT 6
ARTICLE 11-BILINGUAL PAY 7
ARTICLE 12-PREMIUM PAY 8
ARTICLE 13-STANDBY 8
ARTICLE 14-DISCIPLINE 8
ARTICLE 15-GRIEVANCE PROCEDURE 9
ARTICLE 16-PENSIONS 10
ARTICLE 17-CONSTRUCTION 11
ARTICLE 18-SAVINGS CLAUSE 11
ARTICLE 19-DURATION 12
APPENDIX "A"-WAGES 13
ii
ARTICLE 1
PREAMBLE
1.1 The wages, hours, and other terms and conditions of employment within the lawful
scope of representation of the Anaheim Municipal Employees Association, Police
Cadet Unit (hereinafter called "AMEA") have been agreed upon by representatives
of the AMEA and staff officials of City of Anaheim (hereinafter called
"ANAHEIM") and shall apply to all employees of ANAHEIM working in
classifications set forth in Appendix"A"(bargaining unit members). AMEA agrees
to recommend acceptance by bargaining unit members of all the terms and conditions
of employment as set forth herein, and the staff officials of ANAHEIM agree to
recommend to the City Council that all terms and conditions of employment, as set
forth herein,be approved pursuant to California Government Code §3505.1.
ARTICLE 2
PURPOSE
2.1 The purpose of the City of Anaheim Police Cadet apprenticeship program is to
introduce students to various aspects of police work in preparation for a career in law
enforcement. The intent of the program is to expose cadet employees to as many
areas of the Police Department, and detail assignments, as possible in order to
provide a broad range of knowledge and experience.
2.2 Participation in the Police Cadet apprenticeship program is conditioned,in part,upon
the following terms and conditions of employment:
2.2.1 Maintaining enrollment and completion of six(6)semester units or more per
semester or quarter of college coursework(summer break excluded).
2.2.2 Proof of enrollment and completion at the beginning and end of each semester
during course of employment.
2.2.3 Maintaining a grade point average of 2.0("C"grade)or better for all courses
taken.
2.2.4 Not being on academic probation or dismissed from academic studies.
2.2.5 In response to the current needs of the Police Department for the fiscal year
2020/2021, employees hired into the Police Cadet classification prior to July
1, 2020 but failing to maintain qualifications under Article 2.2.1 or 2.2.2 due
to their completion of a degree and graduation, may remain employed in the
Police Cadet classification through June 30, 2021 at the sole discretion of the
Chief of Police. This provision shall sunset on June 30, 2021.
23 Failure to meet the terms and conditions of employment specified in ARTICLE 2.2
et. seq. shall be deemed as immediate dismissal from employment from the Police
Cadet apprenticeship program. Any dismissal as a result of violating Article 2.2 et.
seq. shall be prohibited from the grievance process.
2.3.1 An employee dismissed from employment as a result of violating Article 2.2
et. seq. shall be eligible to reapply to the Police Cadet apprenticeship program
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after one(1)complete semester or quarter of college coursework following the
dismissal. Said individual must show proof of meeting the terms and
conditions specified in Article 2.2 et. seq. with his/her application.
ARTICLE 3
RECOGNITION
3.1 ANAHEIM hereby recognizes the AMEA as the exclusively, recognized
representative for all bargaining unit members(hereinafter referred to as"members"
and/or"employees")to the fullest extent allowable under California law applying to
public employees. As public employees, such employees shall have the right to
discuss individual problems of employment with ANAHEIM, provided that upon
request of the employee, the AMEA shall be kept fully informed and have the right
to be present at all such meetings between ANAHEIM and the individual.
ARTICLE 4
EMPLOYEE RIGHTS
4.1 Employees shall have all rights granted to public employees under California law.
Employees shall have the right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose of representation on
all matters of employer-employee relations. Employees also have the right to refuse
to join or participate in the activities of employee organizations and shall have the
right to represent themselves individually in their employment relations with
ANAHEIM. No employee shall be interfered with, intimidated, restrained, coerced,
or discriminated against by ANAHEIM or by any employee organization because of
his exercise of these rights.
ARTICLE 5
MANAGEMENT RIGHTS
5.1 Management retains, exclusively, all its inherent rights, functions, duties, and
responsibilities except where specifically limited in this document. The rights of
management include,but are not limited to,the exclusive right to consider the merits,
necessity,or organization of any service or activity provided by law or administrative
order; determine the mission of its constituent departments, commissions, and
boards; set standards of service and performance; determine the procedures and
standards of selection for employment,training,and promotion;direct its employees;
establish work schedules and work assignments; evaluate employee performance;
take disciplinary action; relieve its employees from duty because of lack of work or
other legitimate reasons; maintain the efficiency of ANAHEIM's operations;
determine the methods, means, and personnel by which ANAHEIM's operations are
to be conducted; classify and reclassify positions; determine the content of job
classifications; contract out work and transfer work into or out of the unit; take all
necessary action to carry out its mission in emergencies; and exercise complete
control and discretion over its organization and the technology of performing its
work.
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52 The exercise of the forgoing powers, rights, authority, duties and responsibilities by
management; the adoption of policies,rules,regulations and practices in furtherance
thereof; and the use of judgment and discretion in connection therewith, shall be
limited only by the law and by the specific and express terms of this MOU, and then
only to the extent such specific and express terms are in conformance with the law.
ARTICLE 6
CHECK-OFF
6.1 ANAHEIM agrees to check-off for the payment of the regular monthly AMEA dues
and to deduct such payments from the wages of all AMEA members and employees
when authorized to do so by said members and employees, and remit such payments
to the AMEA in accordance with the terms of signed authorizations of such members
and employees. The deduction of such dues and the remittal of same by ANAHEIM
to the AMEA shall constitute payment of said dues and initiation fees by such
members and employees of the AMEA.
ARTICLE 7
HOURS OF WORK AND PAY DAY
7.1 ANAHEIM shall make every reasonable effort to schedule employees, listed in
Appendix"A",in accordance with their school schedule. This is a part-time position
of approximately thirty (30) hours per week on various shifts. Hours are irregular
and based on need of ANAHEIM and may be used on a full-time(4o hour per week)
basis, if required. There shall be no minimum number of hours guaranteed.
7.1.1 ANAHEIM and AMEA agree that availability is a condition of
employment. Any employee who does not maintain his/her availability;
does not report as scheduled; or is otherwise absent without leave may be
subject to discipline up to and including dismissal.
72 Regular salaries and compensation of all employees shall be paid on a biweekly basis.
ARTICLE 8
PROBATION
8.1 Employees working in classifications listed in Appendix "A" shall serve a
probationary period of twelve (12) months. Upon successful completion of a
probationary period, an employee shall be considered to have part-time status in the
classification in which the probationary period is served.
8.1.1 In the event an employee is assigned to light duty or is absent from work
due to a lengthy illness or injury during the probationary period, said
employee's probationary status may be extended beyond the regular period
of probation in the amount of one(1)complete biweekly pay period for
each complete biweekly pay period assigned to light duty or lost to illness
or injury.
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82 The work and conduct of probationary employees shall be subject to close scrutiny.
An employee shall be retained beyond the end of the probationary period only if the
Chief of Police or designee affirms that the work and conduct of the employee have
been found to be satisfactory. If the work and conduct of a probationary employee
is found to be below standards to the Department, the Chief of Police or designee
may reject the probationer at any time during the probationary period. Such
rejections shall not be subject to review or appeal unless such rejection is alleged to
be contrary to the provisions of any State or Federal law,or the Personnel Ordinance
and/or the Personnel Resolution, and then such review/appeal will be limited to that
which is required by law,ordinance or resolution.
83 Anaheim will make every reasonable effort to return an employee rejected or laid off
during the probationary period to the classification in which he/she had regular
status,unless the reasons for his/her failure to complete the probationary period
would be cause for dismissal. If not returned to his/her former classification,the
employee shall be separated from employment with ANAHEIM.
ARTICLE 9
WORKING CONDITIONS
9.1 ANAHEIM agrees to furnish two(2)uniforms(2 short-sleeve shirts, 2 pair of pants,
1 long-sleeve shirt, and 1 belt) for employees in classifications listed in Appendix
«A„
9.2 ANAHEIM agrees to provide each employee in a classification listed in Appendix
"A" with a quarterly performance evaluation while on probation. Upon successful
completion of probation, a Cadet employee will be evaluated at least once annually
to assess current job performance and potential employment as a police officer.
9.3 ANAHEIM shall authorize a Cadet employee to participate in the Ride-Along-
Program on his/her own time and as approved by appropriate management.
Applicable waivers must be signed in advance of the Ride-Along. A Cadet employee
shall be paid for their Ride-Along shift(s)if the Ride-Along occurs during his/her
normally scheduled work hours.
ARTICLE 10
ROTATION AND ASSIGNMENT
10.1 Rotation determinations shall be made in the best interest of ANAHEIM to meet
Department needs and efficiencies. Rotation of detail assignments shall occur on a
regular basis to enhance the career development for Cadet employees listed in
Appendix "A;" typically twice a year — during the spring and fall school
semesters. Department needs will take precedence over individual considerations;
with final rotation decision resting with the Manager. Prior to rotation, Cadet
employees may fill out a rotation questionnaire to determine assignment
interest. Needs of the Department, prior performance, availability, prior
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assignments,time worked at the front counter,time remaining as a cadet,assignment
interest, and seniority shall determine rotation and assignment selection.
102 The duration of detail assignments is determined by, and made in the best interest of
ANAHEIM, and are generally for a period of six (6) months. If approved by
ANAHEIM,a Cadet employee may remain in an assignment for a period longer than
one (1) rotation by choice; number of employees rotating; for training purposes;
because the employee was assigned to a detail in the middle of a rotation and never
completed a full six (6) months in the assignment; or due to the operational needs
and best interest of the Department.
103 Generally, senior Cadet employees will be assigned to positions requiring more
technical skill or responsibility, as well as serving to train Cadet employees for new
assignments or those Cadet employees newly hired.
ARTICLE 11
BILINGUAL PAY
11.1 Employees required to speak in Spanish or other languages, and including sign
language, as well as English as part of the regular duties of their position will be
compensated at the rate of seventy cents (70¢) per hour in addition to their regular
pay.
112 Employees required to speak, read and/or write in Spanish or other languages, and
including sign language, as well as English as part of the regular duties of their
position will be compensated at the rate of ninety cents(90¢)per hour in addition to
their regular pay.
113 The Police Chief shall designate which employees shall be assigned bilingual duties
and which language(s) shall be eligible for bilingual pay.
114 The Human Resources Director shall conduct a test of competency for employees
who have been assigned bilingual duties to certify these employees eligible for
bilingual pay, except that operating departments with authorized bilingual certifiers
may conduct their own test of bilingual competency and notify the Human Resources
Director of the outcome of the test.
115 The effective date of bilingual pay certification shall be the first date of the pay period
following notification to the Human Resources Director of the passing of the
bilingual test by the employee as provided in 11.3 above.
11.6 Bilingual pay eligibility shall continue only as long as the Police Chief affirms an
ongoing need for the assigned bilingual duties, and only so long as the employee
demonstrates continuing competency through a proficiency exam once every three
(3)years,or sooner at the request of the operating department.
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ARTICLE 12
PREMIUM PAY
12.1 Cadet employees who perform authorized work in excess of forty (40) hours in a
regular work week shall be compensated for such overtime work at the rate of one
and one-half(1 1/2)times the employee's regular hourly rate of pay.
12.1.1 Overtime shall be calculated to the nearest one-quarter hour of overtime
worked.
12.12 All overtime must be authorized in advance by the appropriate
Administrative Manager.
12.2 Notwithstanding the above overtime provisions, there shall be no overtime pay for
the time spent outside scheduled work hours,in attending meetings of any kind which
are for the purpose of education or training,unless required by ANAHEIM to attend
such training.
ARTICLE 13
STANDBY
13.1 A cadet employee assigned to court standby at times other than during his/her
scheduled work hours for the purpose of being on call as a witness on matters
within the scope of his/her employment shall be guaranteed two(2)hours of pay
at his/her regular hourly rate of pay for each calendar day of such standby duty.
13.1.1 An employee assigned to standby duty for the purpose of being on call for
two(2)separate court subpoenas for both a morning and an afternoon session
on the same day or when an employee is carried over from a single subpoena
from a morning session to an afternoon session on the same day, shall be
guaranteed two (2) additional hours of pay at the employee's regular hourly
rate of pay for each calendar day of such standby duty.
ARTICLE 14
DISCIPLINE
141 The tenure of every employee shall be conditioned on good behavior and satisfactory
work performance. Any employee may be reduced in salary, suspended,demoted or
dismissed for good and sufficient cause.
142 When in the judgment of the Police Chief, division head or other appropriate
manager, an employee's work performance or conduct justifies disciplinary action
short of demotion or dismissal; the employee may be reduced in salary or suspended
without pay. Upon taking such action a written notification containing a statement
of the substantial reasons for the action shall be filed with the employee and the
Human Resources Director. No employee shall be suspended for more than thirty
(30)calendar days at any one time.
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143 An employee may be dismissed upon recommendation of a division head or other
appropriate supervisor whenever in the judgment of the Police Chief,the employee's
work or misconduct so warrants. Upon taking such action,the Police Chief shall file
with the employee and the Human Resources Director a written notification
containing a statement of the substantial reasons for the action and the effective date
of the action.
144 ANAHEIM and AMEA agree to stipulate to the following submission language
when discipline under this Article is submitted to an impartial arbitrator: "Was
(name of employee) [reduced in salary, suspended, or dismissed] for good and sufficient
cause?If not,what shall the remedy by?"
ARTICLE 15
GRIEVANCE PROCEDURE
15.1 Any grievance or dispute which may arise out of the application or interpretation of
the terms or conditions of this MOU, as alleged by AMEA, shall be considered to be
a matter subject to review through the grievance procedure and shall be settled in
accordance with the procedure set forth immediately herein below, except a dispute
by an applicant regarding employment.
152 In those instances where discipline is imposed other than a salary step reduction,
suspension, or dismissal, AMEA may submit a written request for a review of the
disciplinary action through an administrative review procedure.
15.2.1 Administrative Review Procedure:
i. The written request must be submitted to the Human Resources
Department within fourteen (14) calendar days after receipt of notice
by the employee of the disciplinary action. The Police Chief or Deputy
Police Chief shall conduct an administrative review within fourteen
(14)calendar days of submission of the written request.
The Police Chief or Deputy Chief of Police shall review the
disciplinary action and may affirm, reverse, or modify the disciplinary
action as deemed appropriate. The Police Chief or Deputy Police
Chiefs determination shall be delivered in writing within fourteen (14)
calendar days after the administrative review. The Police Chief or
Deputy Police Chiefs determination shall be final and binding.
15.3 Employee grievances submitted by AMEA to the Human Resources Department
shall be handled in the following manner:
15.3.1 If not resolved in the informal process,the grievance or dispute as defined in
Article 15.1 above shall be reduced to written form by AMEA and be
presented to the Human Resources Department within seven (7) working
days of the date of the alleged occurrence or dispute. Thereafter, a
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representative of ANAHEIM shall meet within ten(10) calendar days of the
receipt of the written grievance with an authorized agent of AMEA in an
attempt to resolve the dispute. ANAHEIM shall issue its decision within ten
(10)calendar days after said meeting.
15.4 In the event that the parties cannot resolve the dispute to the parties' satisfaction(i.e.,
ANAHEIM and/or AMEA), the dispute shall, upon the request of either party be
referred within thirty (30) calendar days to an impartial arbitrator for a final and
binding decision.
15.4.1 If the grievance is submitted to an impartial arbitrator by either party for a
fmal and binding decision, AMEA and ANAHEIM agree to:
15.4.1.1 Develop a standing list of mutually approved arbitrators.
15.4.1.1.1 This list shall include no more than five(5)mutually
approved arbitrators.
15.4.1.1.2 AMEA and ANAHEIM agree to reestablish the list of
arbitrators once year in January.
15.4.1.1.3 AMEA and ANAHEIM may agree to remove
arbitrators from the list at any time.
15.4.1.2 AMEA and ANAHEIM agree to select from the standing list
that has the earliest,reasonable available hearing date,unless
the parties agree to select another arbitrator from the list.
15.5 An arbitrator's decision shall be final and binding on both parties, it being agreed
that said arbitrator shall have no powers to add to or subtract from the provisions
herein, and that the laws of the State of California shall be controlling at all times.
15.6 All expenses of any arbitration shall be borne equally by ANAHEIM and AMEA.
15.7 The parties may mutually agree to submit any grievance or dispute covered under the
provisions of this Article to non-binding mediation,prior to submission to arbitration.
ARTICLE 16
PENSIONS
16.1 ANAHEIM will provide as a retirement benefit a Deferred Compensation Plan
(457P) not covered by the Public Employees Retirement System (PERS). The
classification of Police Cadet is excluded by contract agreement from PERS.
16.2 ANAHEIM and AMEA agree that mandatory participation is required by all
employees in a classification listed in Appendix "A".
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16.3 ANAHEIM and AMEA agree that the employee contribution to the 457P plan shall
be seven and one-half percent(7.50%)of the employee's biweekly gross pay.
ARTICLE 17
CONSTRUCTION
17.1 Nothing in this MOU shall be construed to deny any person or employee the rights
granted by federal and state laws and City Charter provisions. The rights, powers
and authority of the Anaheim City Council in all matters, including the right to
maintain any legal action, shall not be modified or restricted by this MOU. The
provisions of this MOU are not intended to conflict with the provisions of Chapter
10, Division 4, Title 1 of the Government Code of the State of California (Sections
3500, et seq.)
ARTICLE 18
SAVINGS CLAUSE
18.1 The resolution of ANAHEIM shall provide that if any provision of this MOU or the
resolution is at any time, or in any way, held to be contrary to any law by any court
of proper jurisdiction,the remainder of this MOU and the remainder of the resolution
shall not be affected thereby, and shall remain in full force and effect.
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ARTICLE 19
DURATION
19.1 This MOU shall be in full force and effect following ratification by the City Council
of the City of Anaheim through June 24, 2021. The effective date of all provisions
in the MOU is June 26, 2020 unless otherwise stated.
STAFF OFFICIALS ANAHEIM MUNICIPAL EMPLOYEES
OF THE CITY OF ANAHEIM, ASSOCIATION, POLICE CADET
a Municipal Corporation UNIT
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APPENDIX "A"
WAGES
June 26,2020 through June 24,2021
Classification Step Code Schedule Hourly Rate
Police Cadet 7 1260 $14.00
Police Cadet 8 1260 $14.50
Police Cadet 9 1260 $15.00
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CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2020-109 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 15th day of September, 20.20 by the following vote of the members
thereof:
AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno,
Kring, and O'Neil
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of September, 2020.
CITY CLERK F THE CITY OF ANAHEIM
(SEAL)