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84R-049I RESOLUTION NO. 84R- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE PEACE OFFICERS UNIT REPRESENTED BY THE ANAHEIM POLICE ASSOCIATION, REPEALING RESOLUTION NOS. 8OR -555, 81R -427, 82R -263, 82R -499, 82R -557, 83R -36, 83R -37, 83R -118, 83R -119, 83R -138, 83R -370, 83R -413, AND SUPERSEDING THOSE PORTIONS OF RESOLUTION NOS. 63R -910, 64R -467, 65R -459, 69R -603, 69R -607, 72R -502, 72R -506, 72R -507, 76R -184, 76R -509, 77R -806, 77R -807, 79R -615, 81R -151, 81R -173, 81R -410, 81R -411, 81R -537, 81R -538 AS THEY APPLIED TO EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE PEACE OFFICERS UNIT. WHEREAS, Ordinance 3040 of the City of Anaheim establishes the employer - employee relations system for the City; and WHEREAS, Section 1.06.110 of Ordinance 3040 requires Memorandums 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 the adopting of a new Memorandum of Understanding executed on January 30, 1984 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 January 30, 1984 as defined in the document attached hereto and incorporated by reference herein, meets with the approval of this Council and accordingly is adopted with the effective date of October 7, 1983. BE IT FURTHER RESOLVED that Resolution Nos. 80R -555, 81R -427, 82R -263, 82R -499, 82R -557, 83R -36, 83R -37, 83R -118, 83R -119, 83R -138, 83R -370, 83R -413 are hereby repealed and that those portions of Resolution Nos. 63R -910, 64R -467, 65R -459, 69R -603, 69R -607, 72R -502, 72R -506, 72R -507, 76R -184, 76R -509, 77R -806, 77R -807, 79R -615, 81R -151, 81R -173, 81R -410, 81R -411, 81R -537 and 81R -538 as they applied to employees in classifications assigned to the Peace Officers Unit are hereby superseded; and BE IT FURTHER RESOLVED that the effective date of this resolution shall be the 7th day of October 1983. - 1 - THE FOREGOING RESOLUTION is approved and signed by me this 31st day of January , 1984. X 0 4- 34 � lw ooa_ MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY 07 APPROVED AS TO FORM: �-- ASS STANT CITY ATTORNEY OF THE CITY OF ANAHEIM - 2 - 1424E STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 84R -49 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 31st day of January, 1984, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 84R -49 on the 31st day of January, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 31st day of January, 1984. 06. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 84R -49 duly passed and adopted by the Anaheim City Council on January 31, 1984. LETTER OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND ANAHEIM POLICE ASSOCIATION It is understood that the Memorandum of Understanding represents the consolida- tion of wages, hours and conditions of employment formerly expressed in a variety of documents including Memorandum of Understanding, Letters of Under- standing, Personnel Rules and ordinance and Employee Relations Rules and ordinance. It is the intent of the parties that the comprehensive Memorandum of Under- standing accurately and fully encompasses applicable portions of those documents. In the event that either party claims that modification to any wages, hours or condition of employment has been effected through consolidation in the compre- hensive Memorandum of Understanding, without specific discussion in the meet and confer process, the parties agree to meet informally to resolve the issue. In order to assist the parties in the resolution of the issue, the parties shall refer to the language in the original documents. In the event informal resolution cannot be accomplished, the dispute shall then be subject to the grievance procedure. STAFF OFFICIALS OF THE CITY OF ANAHEIM, a munigipal corporation n E WWI BY BY DATED : J — 3 4 7' B5 B1 BY BY DATED: \ " I _% ( 1413E ANAHEIM POLICE ASSOCIATION MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM i ANAHEIM POLICE ASSOCIATION 0465s013084 INDEX PAGE GENERAL ARTICLE 1 Preamble 1 ARTICLE 2 Purpose 2 ARTICLE 3 Anaheim Police Association (APA) Recognition 3 ARTICLE 4 Scope 3 ARTICLE 5 Management Rights 4 ARTICLE 6 Employee Rights 5 ARTICLE 7 Adoption of Employee Relations Rules 5 ARTICLE 8 Notification 6 ARTICLE 9 Consultation 6 ARTICLE 10 Meet and Confer 7 ARTICLE 11 Memorandum of Understanding 7 ARTICLE 12 Personnel Ordinance - Employer - Employee Relations Ordinance 8 ARTICLE 13 Check -Off 8 ARTICLE 14 APA Organization 8 14.0 Union Officials 9 14.1 Access Rights 10 14.2 Meeting and Conferring 10 14.3 Pay Application 10 14.4 Bulletin Boards 11 14.5 Meeting Facilities 12 i 0465x013084 INDEX (Continued) PAGE COMPENSATION AND PAY PROVISIONS ARTICLE 15 Compensation 12 ARTICLE 16 Classification 13 ARTICLE 17 Appropriate Salary Step 14 17.0 Merit Pay Schedule 14 17.1 Merit Pay Approval 15 17.2 Merit Pay Reduction 16 17.3 New Hires 16 17.4 Downward Reclassification 17 17.5 Lateral Reclassification 17 17.6 Upward Reclassification 17 17.7 Demotion 18 17.8 Pay Adjustment 18 17.9 Pay Adjustment Timing 18 ARTICLE 18 Salary Relationships 19 ARTICLE 19 Educational Incentive 20 ARTICLE 20 Hours of Work and Pay Day 23 ARTICLE 21 Temporary Upgrade 24 ARTICLE 22 Payroll Deductions 26 EMPLOYMENT PROVISIONS ARTICLE 23 General 27 ii 0465013084 INDEX (Continued) PAGE ARTICLE 24 Appointments and Promotions 29 ARTICLE 25 Nepotism 32 ARTICLE 26 Employment Lists 32 ARTICLE 27 Probation 34 ARTICLE 28 Outside Employment 35 ARTICLE 29 Service Awards 36 ARTICLE 30 Training 36 ARTICLE 31 Suspension, Demotion, Dismissal 37 ARTICLE 32 Layoff and Reemployment 38 ARTICLE 33 Transfers 41 ARTICLE 34 Reinstatement 42 ARTICLE 35 Voluntary Demotion 43 LEAVE PROVISIONS ARTICLE 36 Bereavement 45 ARTICLE 37 Holidays 46 ARTICLE 38 Industrial Accident Leave 48 ARTICLE 39 Jury Duty and Court Appearances 50 ARTICLE 40 Leave Without Pay 51 ARTICLE 41 Military Leave 53 iii 0465s013084 INDEX (Continued) PAGE ARTICLE 42 Sick Leave 53 ARTICLE 43 Vacations 59 PREMIUM PAY PROVISIONS ARTICLE 44 General Overtime 63 ARTICLE 45 Bi- Lingual Pay 65 ARTICLE 46 Call -Out 66 ARTICLE 47 Special Assignments 67 ARTICLE 48 Short Shift Change 68 ARTICLE 49 Stand By 69 ARTICLE 50 Travel and Mileage Expense 69 WORK RULES ARTICLE 51 K -9 Unit 71 ARTICLE 52 Meal Allowance 74 ARTICLE 53 Miscellaneous 75 ARTICLE 54 Police Officer Trainee 76 ARTICLE 55 Security Staffing and Pay- Stadium 76 ARTICLE 56 Administrative Leave with Pay 79 iv 0465x013084 INDEX (Continued) GRIEVANCES PROCEDURE ARTICLE 57 Grievances General 57.3 Grievance Steps 57.4 Arbitration Procedure 57.8 Grievance Procedure Representation INSURANCES AND PENSIONS ARTICLE 58 Insurance ARTICLE 59 Medical Examinations ARTICLE 60 Joint Committee on Medical Programs ARTICLE 61 No Strike Clause ARTICLE 62 ARTICLE 63 ARTICLE 64 Construction Savings Clause Duration PAGE 79 80 82 84 85 106 107 109 109 110 110 APPENDIX A Wages 112 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND ANAHEIM POLICE ASSOCIATION 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 the 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 condition's of employment as set forth herein, and the staff officials of ANAHEIM agree to recommend to the Anaheim City Council that all of the terms and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council. Upon the adoption of such a resolution, all the -1- 0464s012784 terms and conditions of this Memorandum so incorporated shall become effective without any further action by either party. ARTICLE 2 PURPOSE 2.0 The objectives of the parties to this agreement 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. 2.01 The objectives of these articles are to facilitate efficient and economical services to the public and to provide for a fair and equitable system of personnel management in the municipal government. 2.02 These articles set forth in detail those procedures which insure 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- 0464s012784 ARTICLE 3 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. 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 City Manager and the City Attorney, City Treasurer and the City Clerk. 4.03 Volunteer personnel and personnel appointed to serve without pay. -3- 0464s012784 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 agreement shall apply only to the classified service unless otherwise specifically provided. ARTICLE 5 MANAGEMENT RIGHTS 5.0 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, determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for -4- 0464s012784 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; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. 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, 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 7 ADOPTION OF EMPLOYEE RELATIONS RULES 7.0 Employee relations rules, prepared by the City Management Representative, under the direction of the City Manager will be submitted to the City Council by the City Management -5- n4fiaGn127R4 Representative after discussing them with the APA. The rules shall be submitted to the City Council for determination. The rules shall establish specific procedures and regulations governing the operation of the employer - employee relations system. ARTICLE 8 NOTIFICATION 8.0 Reasonable written notice shall be given by the City Management Representative to the APA of any proposed ordinance, resolution, rule or regulation directly relating to matters within the scope of representation to be presented to the City Council for determination, and the APA shall be given the opportunity to meet with the City Management Representative prior to submission to the City Council for determination. 8.1 In cases of emergency when the City Council determines that an ordinance, resolution, rule or regulation must be adopted immediately without prior notice or meeting with the APA , the City Management Representative shall provide such notice at the earliest practicable time following the adoption of such ordinance, resolution, rule or regulation. ARTICLE 9 CONSULTATION 9.0 The City Management Representative, after consultation in good faith with representatives of the APA, may recommend adoption of reasonable rules and regulations for the -6- 0464s012784 administration of employer- employee relations. The City Management Representative shall consult in 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. ARTICLE 10 MEET AND CONFER 10.0 The 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 law 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 City Management Representative and the APA. 10.1 The City Management Represent to meet and confer in good faith on Federal or State Law or by the City required to meet and confer in good Employee Rights as herein defined. article are excluded from the scope ative shall not be required any subject preempted by Charter nor shall he be faith on Management or Proposed amendments to this of meeting and conferring. ARTICLE 11 MEMORANDUM OF UNDERSTANDING 11.0 When the meeting and conferring process results in agreement between the City Management Representative and the -7- 0464x012784 APA such agreement shall be incorporated in a written memorandum of understanding, signed by the City Management Representative and APA representatives. The matters incorporated in the memorandum shall be presented to the City Council, or its statutory representative, for determination. ARTICLE 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 agreement. ARTICLE 13 CHECK -OFF 13.0 ANAHEIM agrees to check -off for the payment of the regular monthly APA dues and to deduct such payments from the wages of all 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 APA representatives are those elected or appointed in accordance with the constitution and bylaws of the APA. -8- 0464s012784 14.01 ANAHEIM recognizes the APA'S right to appoint or elect Department Representatives. 14.02 The APA shall notify the 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 Paragraph 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 officers and representatives shall not enter any work location without the knowledge of the department head, division head, or other appropriate supervisor. -9- 0464s012784 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, campaigning for office, conducting elections 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 City business 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. 14.31 ANAHEIM agrees to provide a combined total of up to three - hundred (300) hours per year of paid released time from normal work assignments to the President and Board members of the Anaheim Police Association. APA agrees to reimburse ANAHEIM on an -10- 0464s012784 hour - for -hour basis at the employee's regular rate of pay for all hours of released time taken by the APA President and Board members. 14.311 Such officers, employee representatives and officials shall not leave their duty 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, specific locations for the purpose of posting notices pertaining to APA business. 14.41 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'S bulletin boards. -11- 0464s012784 14.5 ANAHEIM shall allow the APA to conduct meetings in City facilities. 14.51 Such meetings shall be scheduled in accordance with regulations governing use of public meeting rooms at City facilities. ARTICLE 15 COMPENSATION 15.0 The City Management Representative under the direction of the City Manager shall be responsible for recommending wages, rates, and salary schedules for each job class in Appendix A. 15.1 Prior to any such recommendations, the 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. 15.2 At such time as agreement is reached for such classifications, the City Management Representative and the APA shall jointly submit a written memorandum of such understanding, which shall not be binding, to the 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 City Management -12- 0464s012784 Representative of ANAHEIM will not recommend any revision or modifications to this agreement without first meeting and conferring in good faith on such recommendations with the APA. 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 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. -13- 0464s012784 16.12 A reclassification shall become effective upon action by the 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 appropriate department head, and the approval of the City Manager. 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 "J" 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. -14- 0464s012784 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 employee's department head. 17.08 For purposes of this ARTICLE "six months" shall be construed to mean thirteen complete biweekly pay periods; and "one year" shall be construed to mean twenty -six complete biweekly pay periods. 17.1 Merit pay increases shall be granted upon approval of the employee's department head for continued meritorious and efficient service and continued improvement by the employee in the effective performance of the duties of his position. 17.11 The effective date of the merit pay increases shall be the first day of the pay period following approval as provided in PARAGRAPH 17.1 and completion of the minimum required service in the next lower step as provided in PARAGRAPH 17.0. -15- 0464s012784 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 employee's department head. 17.21 The employee shall be notified by his department head not later than two calendar weeks prior to the effective date of the action. The notice shall contain a statement of the substantial reasons for the action, and shall inform the employee that he may file a reply with the department head and the Human Resources Director no later than one calendar week prior to the effective date of the action. Such reply shall be reviewed by the City Manager for final action. 17.22 The employee may be returned to his former salary step at such time as deemed appropriate by his department head. 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 lay off rule in Paragraph 32.02. -16- 0464s012784 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 incumbent's rate of pay, the rate of pay shall be identified as the "Y" step of the lower salary schedule. An employee compensated at the "Y" step because of a downward reclassification shall remain in the "Y" step, until such time as his 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 job class shall retain his rate of pay and his anniversary date for purposes of merit pay increases. 17.6 An employee who is 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 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 PARAGRAPH 17.0. -17- 0464s012784 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 PARAGRAPH 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 sections of the Rule, and shall take place in the following order of precedence: (1) merit pay advancement or reduction in salary step; (2) adjustment to same salary step in newly authorized salary schedule; (3) promotion, demotion, or reclassification. -18- 0464s012784 ARTICLE 18 SALARY RELATIONSHIPS CLASSIFICATION Extra Police Officer Extra Police Officer Supervisor Police Officer Trainee Police Officer Police Officer - Detective Police Officer - Hazard Police Officer - Master Advanced Police Officer - Master COMPUTATION Intermediate Police Officer - Senior Master Advanced Police Officer - Senior Master Intermediate Police Officer - Helicopter Pilot Police Officer - Helicopter Pilot MA Police Officer - Helicopter Pilot MI Police Officer - Helicopter Pilot SMA Police Officer - Polygraph Examiner Police Officer - Helicopter Pilot H Police Officer - Helicopter Pilot SMI Police Communications Clerk A Police Communications Clerk B Police Communications Clerk C Police Front Counter Operations A "C" Step - Police Officer 1.05 x Extra Police Officer 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 + $100.00 Police Officer MA + $100.00 Police Officer MI + $100.00 Police Officer SMA + $100.00 1.20 x Police Officer Police Officer H + $100.00 Police Officer SMI + $100.00 1.075 x Police Officer 1.32 x Police Officer 1.125 x Police Officer 1.10 x Police Officer -19- 0464s012784 CLASSIFICATION COMPUTATION Police Front Counter Operations B Police Front Counter Operations C Police Property Clerk A Police Training Assistant Police Sergeant Police Sergeant - Helicopter Pilot Police Sergeant - Helicopter Pilot H Police Sergeant - Helicopter Pilot PA Police Sergeant - Detective Police Sergeant - Hazard 1.125 x Police Officer 1.075 x Police Officer 1.075 x Police Officer 1.075 x Police Officer 1.20 x Police Officer Police Sergeant + $100.00 Police Sergeant H + $100.00 Police Sergeant PA + $100.00 1.05 x Police Sergeant 1.05 x Police Sergeant Police Sergeant - Post Advanced 1.10 x Police Sergeant ARTICLE 19 EDUCATIONAL INCENTIVE 19.0 ANAHEIM agrees that Police Sergeants qualified as "Post Advanced" shall be paid ten percent (10 %) above Police Sergeant. 19.01 ANAHEIM and Anaheim Police Association agree that Police Sergeants shall be designated "Post Advanced" when they meet the following criteria: Possession of an advanced "POST" certificate, pass annual medical examination for Police Sergeant, continuing recommendation of the Chief of Police. 19.02 ANAHEIM and APA agree that employees promoted to Police Sergeant may be designated "Post Advanced" -20- 0464s012784 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 (7 1 /2a) above Police Officer. 19.11 Police Officers shall be designated Master Intermediate when they meet the following criteria: Possession of an Intermediate "POST" certificate, pass an annual medical examination for Police Officer, continuing recommendation of the Chief of Police. 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, pass an annual medical examination for Police Officer, continuing recommendation of the Chief of Police. 19.3 Police Officers receiving compensation as Master Intermediate or Advanced shall not have their compensation changed due to assignment. 19.4 Police Officers qualified as Senior Master Intermediate shall be paid ten percent (10 %) above Police Officer. -21- 04641012784 19.41 Police Officers shall be designated Senior Master Intermediate when they meet the following criteria: Possession of an Intermediate "POST" certificate, have one year of experience in a premium pay assignment with the Anaheim Police Department, be currently assigned to uniform patrol duty, pass an annual medical examination for Police Officer, continuing recommendation of the Chief of Police 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 following criteria: Possession of an Advanced "POST" certificate, have one year of experience in a premium pay assignment with the Anaheim Police Department, be currently assigned to uniform patrol duty, pass an annual medical examination for Police Officer, continuing recommendation of the Chief of Police. 19.6 Police Officers receiving compensation as Senior Master Intermediate or Advanced must be willing to work any shift, but they shall be rotated upon request after completion of six (6) months on any shift. After a Senior Master Police Officer has completed six (6) months on any shift, the Chief of Police may -22- 0464s012784 reassign him to other shifts as department needs require. Such compensation shall be changed upon reassignment from uniform patrol duty. 19.7 ANAHEIM and Anaheim Police Association agree that Police Officers and Police Sergeants must be physically at work on the site of appointment to any type of Master Police Officer or Sergeant -POST Advanced. 19.8 It is understood that Police Sergeant (POST Advanced) and Master Police Officer status including but not limited to, the recommendation received from the Chief of Police is subject to review in accordance with ARTICLE 57. 19.9 ANAHEIM and APA agree that an employee reinstated after thirty 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. ARTICLE 20 HOURS OF WORK AND PAY DAY 20.0 The average regular work week for employees in classifications in Appendix A; shall be forty (40) hours. -23- 0464s012784 20.01 For all 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 biweekly basis. 20.2 ANAHEIM agrees to pay annual sick leave payoff, compensatory time payoff, and Holiday payoff by separate checks. 20.3 All holidays and vacation and sick leave shall be paid at the employees regular rate of pay. ARTICLE 21 TEMPORARY UPGRADE 21.0 Temporary upgrading shall be defined as the temporary assignment of an employee to work in a job class which is assigned to a salary schedule higher than his regular job class. 21.01 Upgrade to a vacant position shall be limited to six months, except in cases of extended sick leave, industrial accident leave or leave without pay. 21.1 Employees temporarily upgraded to the following job classes shall receive a five percent (5%) pay differential for all time worked in the higher job class during normal working hours if they are assigned to work in the higher classification for a period of one complete work shift (8 working hours) or -24- 0464s012784 21.3 If an employee is temporarily assigned to perform work at a lower rated job 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 APA agree that parallel moves may be made within classifications or positions left vacant in order to avoid the necessity of working an employee at a higher rated job classification. 21.5 The determination of those persons qualified to work in higher rated classifications shall be established by ANAHEIM. Assignments to higher rated classifications shall be made at the sole discretion of ANAHEIM. ARTICLE 22 PAYROLL DEDUCTIONS 22.0 Deductions of authorized amounts may be made from employees' pay for the following 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; -26- 0464s012784 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 class during other than normal working hours: Police Lieutenant Police Sergeant Police Sergeant - Helicopter Pilot Police Sergeant - Helicopter Pilot Hazard Police Sergeant - Helicopter Pilot Post Advanced Police Sergeant - Detective Police Police Sergeant - Hazard Police Police Sergeant - Post Advanced Police Examiner - Polygraph Examiner 21.2 Employees in the following job classes who are temporarily assigned as Field Training Officers shall receive a two and one -half percent (2 -1/2 %) pay differential for all time worked while assigned as a Field Training Officer. Police Officer Police Officer - Detective Police Officer - Master Advanced Police Officer - Master Intermediate Police Officer - Senior Master Advanced Police Officer - Senior Master Intermediate -25- 0464s012784 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 Anaheim Police Association; 22.10 Purchase of United States Savings Bonds; and 22.11 Other purposes as may be authorized by the City Council. ARTICLE 23 GENERAL 23.0 It is hereby the declared personnel policy of ANAHEIM that: 23.01 Employment by ANAHEIM shall be based on merit and fitness, free of personal and political considerations. -27- 0464s012784 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 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 City Manager or by a management employee who the City Manager has delegated responsibility for authorizing such action. All full -time employees shall receive a true copy of any personnel action taken concerning their status of employment. 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. -28- 0464s012784 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 applicant for employment; PROVIDED, HOWEVER, that no test or qualification procedures utilized by ANAHEIM or refusal to accept for employment shall be done to discriminate for or against an applicant because of 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 disability 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 in ARTICLE 24. 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. -29- 0464s012784 24.1 Minimum standards of employment for each job class shall be recommended by the Human Resources Director and approved by the City Manager. 24.2 Vacancies in positions above the entry level shall be filled by promotion whenever one 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 candidates' qualifications, record of performance, and seniority, in that order. 24.21 Advancement to a higher paid job class 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 origin, religious or political affiliation or belief, membership in or attitude toward any employee organization, sex, age, or physical disability, except where sex, age, or lack of physical disability is a bona fide occupation qualification. -30- 0464s012784 24.4 Candidates who qualify for employment or promotion shall be placed on an eligibility list for the appropriate job class. At such times as a department management evaluation is included in the establishment of a promotional eligibility list, the list shall rank the eligible candidates in the order of final evaluation, and appointments from that list shall normally follow rank order. 24.5 When an appointment is to be made to a vacancy, the Human Resources Director shall submit to the appropriate department head the names on the appropriate employment list. Appointments to vacant positions shall be made by the appropriate department head, with the concurrence of the Human Resources Director. 24.51 The appropriate department head, 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 lists, 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 months for any regular, full -time position filled by provisional appointment. In the event that any provisional appointee fails to qualify on the eligibility list as established within six months of his provisional appointment, said provisional appointee shall have -31- 0464s012784 his employment terminated at the close of the first complete biweekly pay period following the establishing of the eligibility list. 24.7 Appointments to certain grant funded positions as designated by the City Manager may be made without competitive examinations and /or evaluations. Such appointments may be made by the appropriate department head (with the approval of the Human Resources Director and the City Manager). In the event that a grant funded appointee fails to complete competitive examinations and /or evaluations and is not appointed to a city funded position during his period or employment under the grant, said grant funded appointee shall be terminated from City employment. ARTICLE 25 NEPOTISM 25.0 The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council, nor shall the City Manager or any department head or other officer having appointive power appoint any relative of his or of any Council Member within such degree to any such position. ARTICLE 26 EMPLOYMENT LISTS 26.0 Employment lists, in order of their priority, shall be re- employment lists and eligibility lists. -32- 04645012784 26.1 Re- employment 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 re- employment lists shall remain for a period not to exceed three years. Anyone re- employed from this list more than one year after their layoff shall be required to pass a pre - employment 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 or more persons eligible for employment. 26.22 Open competitive eligibility lists shall remain in effect for a period of one 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 in effect for a period of two years or until depleted. -33- 0464s012784 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 biweekly pay periods unless otherwise specified for certain designated job classes. 27.01 Certain designated job classes in the classified service shall have a regular period of probation which begins on the date of appointment and ends twenty -six complete biweekly pay periods after completion of recruit training. These job classes shall be: Police Officer Police Officer- Trainee 27.02 In the event an employee is absent from work 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 complete biweekly pay period for each complete biweekly pay period lost due to the illness. -34- 0464s012784 27.03 Upon successful completion of a probationary period, an employee shall be granted regular status in the classification in which the probationary period is served. 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 appropriate department head may reject the probationer at any time during the probationary period. Such rejections shall not be subject to review or appeal unless such a rejection is alleged to be contrary to the provisions of this agreement. 27.11 An employee rejected during the probationary period from a position to which he has been promoted shall be returned to the classification in which he has regular status unless the reasons for his failure to complete his probationary period would be cause for dismissal. 27.2 An employee shall be retained beyond the end of the probationary period only if the appropriate department head affirms that the services of the employee have been found to be satisfactory. ARTICLE 28 OUTSIDE EMPLOYMENT 28.0 An employee may engage in employment other than his job with ANAHEIM, if his department head determines that such -35- 0464s012784 outside employment does not interfere with the performance of assigned duties and does not constitute a conflict of interest. ARTICLE 29 29.0 Service awards, in the form of service pins or the equivalent, shall be presented to employees in classifications listed in Appendix A for: Five (5) years of service; Ten (10) years of service; Fifteen (15) years of service; Twenty (20) years of service; Twenty -five (25) years of service; Thirty (30) years of service; Thirty -five (35) years of service; Forty (40) years of service. Such a service award shall also be presented to 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. ARTICLE 30 TRAINING 30.0 The Human Resources Director shall encourage the improvement of service by providing employees with -36- 0464s012784 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 City Manager. ARTICLE 31 SUSPENSION, DEMOTION, 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 appropriate department head, 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 department head shall file with the employee and the Human Resources Director a written notification containing a statement of the substantial reasons for the action. No employee shall be suspended for more than 30 calendar days at any one time, except as provided for in PARAGRAPH 31.21. 31.2 An employee may be demoted or dismissed upon recommendation of a division head or other appropriate supervisor whenever in the judgment of the appropriate department head, the employee's work or misconduct so -37- 0464s012784 warrants. Upon taking such action, the department head shall file with the employee and the Human Resources Director a written notification containing a statement of the substantial reasons for the action and the effective date of the action. 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 90 calendar days. ARTICLE 32 LAYOFF AND RE- EMPLOYMENT 32.0 Layoffs shall be made on the basis of seniority within the affected job class in the department and unique specialized qualifications. 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 laid off shall be reassigned to any non - management position within the department in an equivalent or lower job class for which he meets the minimum requirements and has -38- 0464s012784 department seniority over other employees in the job class. If the employee whose position has been abolished does not have department seniority over other employees in equivalent or lower classes, he may be reassigned by his department head to any vacant position within the department in an equivalent or lower job class, for which he meets the minimum requirements. Employees so reassigned shall be placed 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 class and salary step status when positions in their former job class (within their department) become vacant. Such reinstatement shall be on the basis of 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 City Manager to any vacant position in any other division or department in his job class or in an equivalent or lower job class for which he meets the minimum qualifications for employment. If an employee is reassigned to a vacant position within his job class in any other department, he shall retain his rate of pay. If an employee is reassigned to a vacant position in an equivalent or -39- 0464s012784 lower job class 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 class in any other department shall be reinstated to their former job class and salary step status when positions in their former job class (within their former department) become vacant. Such reinstatement shall be on the basis of department seniority. 32.1 Whenever an employee whose position has been abolished is not reassigned to any vacant position, he shall be placed on the re- employment list for his job class. Persons on the re- employment list shall be re- employed with their former salary step status when positions in their job class (within the department from which they were laid off) become vacant. Re- employment shall be on the basis of department seniority. 32.2 Whenever an employee is reassigned to a vacant position in the same class, an equivalent class, or lower class 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 job class, or re- employed as herein provided, his anniversary date for purposes of merit pay increases shall be the one he had at the time he was laid off from the position. -40- 0464s012784 32.31 An employee reinstated from the re- employment 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 -time employees in the classified service. Employees appointed to certain grant funded positions as designated by the City Manager under PARAGRAPH 24.7 and newly hired probationary employees shall be excluded from the provisions of this ARTICLE. ARTICLE 33 TRANSFER 33.0 A voluntary change of an employee's place of employment from one department to another shall be considered a transfer. A change of an employee's place of employment to a vacant position in a job class on the same salary schedule as his own job class shall also be considered a transfer. 33.01 A transfer from one division to another or from one department to another shall require the approval of the head of the division or department to which the employee is transferring and the Human Resources Director. Such a transfer shall be initiated by -41- 0464s012784 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 class with minimum standards of employment substantially different from those of his own job class, 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. 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 class within three years of his termination date without requalifying for employment by competitive processes. 34.01 An employee reinstated within thirty days of his termination date shall be considered to have continuous service and shall be credited with the -42- 0464s012784 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 biweekly pay period following reinstatement. 34.02 An employee reinstated after thirty 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 he /she meets the minimum qualifications. 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 PARAGRAPH 17.4. -43- 0464s012784 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 PARAGRAPH 17.0. 35.21 Voluntary demotions in accordance with the Vocational Rehabilitation Administration Regulation shall be in accordance with the provisions of PARAGRAPH 35.2. 35.3 An employee who has taken a voluntary demotion to a lower job class may be reinstated to a vacant position in his former job class within three years of the effective date of the voluntary demotion without requalifying by competitive processes. 35.31 An employee reinstated to his former job class from a voluntary demotion shall retain his rate of pay. If his rate of pay is not included in the salary schedule of his former job class, he shall be -44- 0464s012784 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 complete biweekly pay periods or his regular anniversary date, whichever is sooner. 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, step - parent, spouse, child, brother, or sister of the employee, or any parent, foster parent or step - parent of the employee's spouse, regardless of residence. 36.1 In the event 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) working hours. Other family members shall be defined as grandparent, not under the same roof of the employee; and any grandparent, child, brother, or sister of the employee's spouse, regardless of residence. -45- 0464.012784 36.2 Bereavement leave may be used only at the time a death occurs, or to make burial arrangements and /or to attend funeral or memorial services. ARTICLE 37 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, Washington's Birthday 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 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 department head to provide maximum regular service to the public. -46- 0464s012784 37.2 ANAHEIM and APA agree that in the event that any of the recognized City 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 (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 City of Anaheim as determined by the Police Chief. 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 biweekly pay period that includes December 1. 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. -47- 0464s012784 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. ARTICLE 38 INDUSTRIAL ACCIDENT LEAVE 38.0 In the event that any full -time employee is absent from work as a result of any injury 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 /her regular basic rate of pay. 38.11 In the event that an employee who has received or is receiving Industrial Accident Leave benefits -48- 0464s012784 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 Center of the filing of such legal action. 38.2 Industrial Accident Leave shall begin on the first day of such absence as defined in PARAGRAPH 38.0. 38.21 Industrial Accident Leave shall continue during all absences due to a single injury, but not to exceed one year of accumulated absence. 38.22 Industrial Accident Leave benefits provided by this ARTICLE shall apply to each injury or disease as defined in PARAGRAPH 38.0. 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. -49- 0464s012784 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. 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 the City, 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. -50- 0464s012784 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 with 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. 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. 40.01 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 (40) working hours may be granted by the employee's division head. Leave without pay in excess of (40) hours shall require the approval of the employee's department head. -51- 0464s012784 40.03 In the event that leave without pay is granted an employee for reasons of illness or physical incapacity due to illness or injury, ANAHEIM shall continue to pay for any hospitalization and major medical insurance previously paid for by ANAHEIM for a maximum of six (6) complete months. 40.04 In the event that leave without pay is granted an employee for an absence due to a disputed worker's compensation illness or injury. ANAHEIM shall continue to pay for any hospitalization and major medical insurance previously paid for by ANAHEIM for a maximum of one (1) year. 40.05 An employee who is absent from work for a period of 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 years. An employee separated under the provisions of this paragraph shall be eligible for reinstatement pursuant to ARTICLE 34 Reinstatement. No psychological evaluation will be required. An employee separated under the provisions of this paragraph will not have his eligibility or benefits changed under the Long Term Disability Plan. -52- 0464s012784 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 PARAGRAPH 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. ARTICLE 41 MILITARY LEAVE 41.0 ANAHEIM'S policy relating to military leave and compensation therefore, shall be in accordance with the provisions of the Military and Veterans Code of the State of California, (Section 395) and with all Federal provisions (Public Law 93 -508). ARTICLE 42 SICK LEAVE 42.0 Employees shall accrue annual Sick Leave with pay in accordance with the following provisions: 42.01 Regular, full -time employees with an average regular work week of forty (40) hours shall accrue e -53- 0464s012784 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 sick leave taken. The minimum amount of Sick Leave that may be taken at any given time shall be one hour. -54- 0464s012784 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 disability benefit of net sixty percent (60 %) of his /her 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 months from date of disability. 42.31 Deductible benefits include salary or other compensation paid by any employer; Worker's Compensation Act or similar law including benefits for partial or total disability, whether permanent or temporary if benefits being received are for the current disabling condition; a pension plan toward which ANAHEIM contributed. -55- 0464s012784 42.32 Total disability means an employee's complete inability to engage in his /her 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. 42.4 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. 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 will be granted in -56- 0464s012784 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. 42.6 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 employee's department head 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 is placed on paid sick leave prior to the close of -57- 0464s012784 the 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 (25 %) 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 /her beneficiary, as designated by Public Employee's Retirement System records if the employee dies while employed. 42.91 Employees who retire in calendar year 1984 or thereafter shall receive service credit for all hours up to one hundred and seventy -five. 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 -58- 0464s012784 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 period of continuous total disability for the ANAHEIM Disability Plan and shall not require a new one -month waiting period before ANAHEIM Disability Benefits will be paid; and 42.103 Commencement of the benefit period for the insured LTD plan shall automatically terminate benefits from the ANAHEIM Disability Plan. 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 in accordance with the following provisions: 43.11 For the first four years of continuous, full -time service such employees shall accrue paid vacation at the rate of three (3) hours for each complete biweekly pay period plus two (2) hours of paid vacation at the close of the final complete biweekly pay period of each fiscal year (80 hours or 10 working days a year). -59- 04643012784 43.12 Upon completion of four years of continuous, full -time service such employees shall accrue paid vacation at the rate of four (4) hours for each complete biweekly pay period (104 hours or 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 biweekly pay period (130 hours or 16.25 working days a year). 43.14 Upon completion of fourteen 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 (156 hours or 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 (7) hours for each complete biweekly pay period (182 hours or 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 -60- 0464s012784 exhausting State mandated 4850 benefits shall accumulate no vacation. All vacations shall be scheduled and taken in accordance with the best interests of ANAHEIM and the department or division 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) complete biweekly 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: 43.51 For employees accruing vacation at the rate of eighty (80) hours for every twenty -six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be one hundred sixty (160) hours. -61- 0464s012784 43.52 For employees accruing vacation at the -rate of one hundred four (104) hours for every twenty -six (26) complete biweekly 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 biweekly 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 biweekly 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 biweekly 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 bi- weekly pay periods of service. -62- 0464s012784 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. ARTI 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 his department and the City of Anaheim; but, the employee shall have the option -63- 0464s012784 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 in cash at his current rate of pay for accrued compensatory time. 44.04 Notwithstanding the above overtime provisions, 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 Volunteer off -duty Police employees shall be compensated at their present regular hourly rate of pay for the first eight (8) hours of work performed when engaged in internal security for Anaheim Stadium Rock Concert events. At events where such assigned work exceeds eight (8) hours in duration, such employees shall receive compensation at the rate of time and one -half their regular hourly rate for all time over eight (8) hours. 44.2 Employees assigned to work overtime at overtime rates of pay at Rock Concerts and other events at Anaheim Stadium for which the City is reimbursed shall not be allowed compensatory -64- 0464s012784 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 in cash at his current rate of pay for accrued compensatory time. 44.04 Notwithstanding the above overtime provisions, 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 Volunteer off -duty Police employees shall be compensated at their present regular hourly rate of pay for the first eight (8) hours of work performed when engaged in internal security for Anaheim Stadium Rock Concert events. At events where such assigned work exceeds eight (8) hours in duration, such employees shall receive compensation at the rate of time and one -half their regular hourly rate for all time over eight (8) hours. 44.2 Employees assigned to work overtime at overtime rates of pay at Rock Concerts and other events at Anaheim Stadium for which the City is reimbursed shall not be allowed compensatory -64- 0464s012784 time for such work but shall be compensated at the appropriate overtime rate of pay. ARTICLE 45 BI- LINGUAL PAY 45.0 Employees required to speak, read and /or write in Spanish as well as English as part of the regular duties of their position will be compensated at the rate of eleven dollars and fifty -four cents ($11.54) per bi- weekly pay period in addition to their regular pay. 45.01 The appropriate department head shall designate which positions shall be assigned bilingual duties. 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. -65- 0464s012784 45.1 ANAHEIM agrees that no employee shall be required to take the test of competency and receive Bilingual Pay. ARTICLE 46 CALL -OUT 46.0 Call out compensation shall be in accordance with the following provisions: 46.01 All emergency call -out time 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 callout. 46.04 Forty -five minutes time shall be added to the time worked to compensate the employee for travel time incurred for each emergency callout. 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 -66- 0464s012784 receive such subpoenas after 5:00 p.m. of the calendar day prior to the date of court appearance shall receive overtime compensation according to emergency callout 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 receive such subpoena before 5:00 P.M. the calendar day prior to the date of court appearance shall receive overtime compensation according to the planned overtime provisions. 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. ARTICLE 47 SPECIAL ASSIGNMENTS 47.0 A Police Officer assigned to Accident Investigation will be classified as a Police Officer - Detective after one complete consecutive year in this assignment. 47.1 ANAHEIM agrees to pay fifty -eight cents (.58¢) per hour (forty -six dollars and forty cents [$46.40] per bi- weekly pay period) in addition to an employee's regular rate of pay to licensed helicopter pilots assigned to helicopter duty. Hazard -67- 0464s012784 assignment pay shall apply only to employees assigned to motorcycle patrol duty. ARTICLE 48 SHORT SHIFT CHANGE 48.0 Short shift changes as defined herein shall be compensated at the rate of one and one -half the employee's regular rate of pay. 48.01 The first work day on a new schedule after transfer from one schedule of working days to another without notification of such transfer at least twenty -four (24) hours in advance of the starting time of the new schedule. 48.02 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. 48.03 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. 48.04 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 -68- 04644012784 hours are worked as a result of shift changes or changes in days off mutually agreed upon by employees for their convenience. Any changes in days off must be in the same work week. ARTICLE 49 STAND BY 49.0 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. ARTICLE 50 TRAVEL AND MILEAGE EXPENSES 50.0 Travel expense allowance for employees while on City business shall be provided in accordance with regulations established by the City Manager and /or the City Council. 50.1 ANAHEIM'S Mileage Reimbursement rate will be adjusted quarterly upward or downward in accordance with changes in the Private Transportation Index* (All Urban Consumers) for the Los -69- 0464s012784 Angeles /Long Beach /Anaheim area as computed by the U. S. Department of Labor, Bureau of Labor Statistics as follows: Mileage Index Reimbursement Rate 278.1 21¢ up to 100 miles 18¢ over 100 miles 305.9 23¢ up to 100 miles 20V over 100 miles 336.5 250 up to 100 miles 2U over 100 miles 370.2 27¢ up to 100 miles 24¢ over 100 miles 407.2 29¢ up to 100 miles 26¢ over 100 miles * 1967 = 100 50.2 Any increase or decrease for a quarter shall be computed in the month following each respective quarter and shall be effective the first day of the second month following the end of each respective quarter. -70- 0464s012784 ARTICLE 51 K -9 -Unit 51.0 Officer Selection 51.01 The Anaheim Police Department shall determine the standards and procedures for selection of officers assigned to the K -9 detail. 51.1 Compensation 51.11 Premium and callout compensation shall be in accordance with the provisions of ARTICLES 44 and 46. 51.2 Conditions of Assignment 51.21 Officers selected for the K -9 detail shall agree to a two -year minimum assignment to the K -9 Unit. 51.22 K -9 officers shall reside within 30 minutes normal driving time from the station. 51.23 K -9 officers shall have the approval of all family members living in the same household and all adjacent neighbors to participate in the K -9 program. -71- 0464s012784 51.24 ANAHEIM shall be responsible for constructing a dog house and run on the K -9 officer's property. 51.25 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. 51.3 Program Operation 51.31 Equipment assignment. 51.311 K -9 officers shall be permanently assigned a squad car, hand -held radio and a charger which will be kept at the officer's home when not on duty. 51.312 Such general training and handling equipment as required to maintain the dog in first -rate condition shall be provided by the Anaheim Police Department. 51.32 Care of the dog 51.321 The Anaheim Police Department shall provide necessary veterinarian visits on duty or officer shall be compensated -72- 0464s012784 at the appropriate overtime rate of pay for off -duty visits in accordance with ARTICLE 44 General Overtime. 51.322 The Anaheim Police Department shall provide dog food and feeding utensils. 51.323 K -9 officers shall not be compensated for off -duty routine exercise of the dog. 51.324 During K -9 officer vacations, the dog shall be housed with another K -9 dog or at a kennel, at the discretion of the Anaheim Police Department. Kennel boarding expenses shall be borne by the Anaheim Police Department. 51.325 K -9 officers shall be responsible for providing general care for the dog, ensuring that the animal is in good health and fit for duty. 51.4 Training as directed by the Anaheim Police 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. -73- 0464s012784 ARTICLE 52 MEAL ALLOWANCE 52.0 The City shall provide an employee adequate meals under the following conditions. 52.01 An employee shall be provided with two adequate meals if he is called out on emergency overtime work one (1) 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. 52.02 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. 52.03 An employee shall be provided an adequate meal if he works two (2) hours overtime beyond the normal quitting time. 52.04 An employee shall receive one meal if he is scheduled to work overtime two (2) hours before a regular day. -74- 0464s012784 52.05 An employee shall be provided an adequate meal at four (4) hour intervals during the performance of emergency overtime work. 52.06 Meal time shall be compensated at the appropriate overtime rate and shall normally be limited to one -half (1/2) hour with a maximum limit of forty -five minutes paid meal time. 52.07 An employee may at his request, be compensated for meals at the rate of one -half (1/2) hour of overtime pay per meal. ARTICLE 53 MISCELLANEOUS 53.0 Motorcycle and VNO employees will not be granted travel time or vehicle maintenance time. 53.1 ANAHEIM will not impose a maximum number of hours that can be worked at the voluntary "Extra Police Officer" rate. 53.2 Uniformed personnel of the Police Department and certain other designated personnel shall be furnished uniforms in accordance with regulations established by the City Manager. 53.3 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 -75- 0464s012784 as parades, concerts, funerals, etc. the Police Chief may designate the appropriate uniform to be worn. ARTICLE 54 POLICE OFFICER TRAINEE 54.0 ANAHEIM and APA agree that employees hired into the Police Officer Trainee classification shall be members of the "miscellaneous" retirement plan rather that the "CHP" formula. Upon satisfactory completion of basic recruit training, Police Officer Trainees shall be promoted to Police Officer (CHP Plan). ARTICLE 55 SECURITY STAFFING AND PAY - STADIUM 55.0 ANAHEIM and the APA agree that the security staffing at Anaheim Stadium shall consist of at least forty percent (40 %) Anaheim Police Officers and /or Police Sergeants unless there is an insufficient number of volunteers to complete the forty percent (40 %) requirement. 55.1 Levels of Manning - Rock Concerts 55.11 For purposes of clarification, the particular manning referred to in this section deals with those A.P.D. and Peer Group personnel assigned internal security duties inside the Stadium. 55.12 It is agreed that said manning shall be composed of both Police Officers and approved Peer Group -76- 0464x012784 security personnel typically provided under contract by concert promoters. 55.13 The Chief of Police, working in concert with the Convention Center, Stadium, Golf General Manager shall determine appropriate mix and manning totals for each scheduled Stadium Concert well in advance of the event. 55.14 In addressing the matter of manning level, the Chief and his staff shall review each concert as scheduled, giving special consideration to security demands suggested by the principal attractions of the event and /or the nature of the audience attracted by said entertainment billing. 55.15 As a further aid in this process, the Chief or his designee shall meet with and receive input from involved Department staff members and appropriate Stadium personnel. 55.16 In the final analysis, it shall be the goal of the Chief to assign such personnel as, in his opinion, are required to meet normal security needs of each event. 55.2 Rock Concerts - Anaheim Stadium. -77- 0464s012784 55.21 It is agreed that on those occasions where the Stadium Operations Manager requests the services of the Anaheim Police Department to provide internal security for Stadium Rock Concert events, the rate of pay for volunteer off -duty personnel below the rank of Police Lieutenant shall be as follows: 55.22 A Police Officer shall be compensated at his present regular hourly rate of pay. At events where such assigned work exceeds eight (8) hours in duration, time and one -half shall be paid for all time over eight (8) hours. 55.23 A Police Sergeant shall be compensated at his present regular hourly rate of pay. At events where such assigned work exceeds eight (8) hours in duration, time and one -half shall be paid for all time over eight (8) hours. 55.24 It is the intent of this agreement to pay the present individual hourly rate for internal security at Stadium Rock Concert events. 55.3 All Other Extra Duty Events 55.31 It is agreed that all voluntary off -duty time worked other than at Stadium Rock Concerts shall -78- 0464s012784 continue to be paid at Extra Police Officer ( "C" Step Police Officer) rate of pay. 55.32 Note It is the specific intent of this provision that current greensheet rate be maintained for all off -duty security duties, excepting the performance of said service at Stadium Rock Concerts. ARTICLE 56 ADMINISTRATIVE LEAVE WITH PAY 56.0 Employees in classifications listed in Appendix A may be placed on Administrative Leave with pay at the discretion of Police Department management with the concurrence of the City Manager under the following circumstances: 56.01 Officers involved in shootings. 56.02 Officers suspected of wrongful acts at such times as the best interests of the City of Anaheim are served by keeping such officers away from the workplace. ARTICLE 57 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 -79- 0464s012784 procedures shall be considered to be a matter subject 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. 57.3 Employee grievances shall be handled in the following, manner: 57.31 First Step. An attempt shall be made to adjust all grievances on an informal basis between the employee and /o'r 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. -80- 0464s012784 57.32 Second Step. If the grievance is not satisfactorily adjusted in the First Step, it shall be submitted in writing to the employee's department head within five (5) working days after the division head's answer is received by the employee and /or his designated representative. The department head shall meet with the employee and /or his designated representative within ten (10) working days after submission of the grievance to him. The department head 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 City Manager and the employee and /or his designated representative agree, it shall be submitted to the City Manager for a final and binding decision). Such submission must occur within thirty (30) days after the department head's answer is received. -81- 0464s012784 57.34 If submitted to the City Manager, the 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 City Manager or his assistant may affirm, reverse, or modify as he deems appropriate, the disposition made at the Second Step. 57.35 The 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. 57.4 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 department head's 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 will conclusively be deemed abandonment of the right to compel arbitration. -82- 0464s012784 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 agreement, Ordinances and Charter of the City of Anaheim, and the laws and Constitution of the State of California. 57.42 The arbitrator will 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. 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. -83- 0464s012784 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 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 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 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 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 themselves individually in grievance matters. 57.82 Employees may designate a representative to represent them in grievance matters. -84- 0464s012784 57.83 No supervisor shall be represented in grievance matters by an employee whom he may supervise. 57.84 No employee shall be represented in grievance matters by a supervisor for whom he may work. 57.9 ANAHEIM and APA agree that a member of the Board of Directors of 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. ARTICLE 58 INSURANCE 58.0 Active Employees 58.01 Health Insurance 58.011 ANAHEIM agrees to sponsor the following Medical Plans. (a) City Medical Plan (b) Kaiser Foundation Health Plan (c) Family Health Plan (d) INA Plan (e) General Medical Centers Health Plan -85- 0464s012784 S8.012 ANAHEIM shall limit its monthly contribution to the various medical plans as follows: 58.0121 For the HMO prepaid medical plans for calendar years 1984, 1985 and 1986, the City shall contribute 100% of Kaiser plan rates up to a maximum contribution equal to the City contribution toward the self- funded fee - for - service City Comprehensive Medical Plan, whichever is the lesser amount. 58.0122 City Medical Premium Contribuiton 1984 Kaiser 1. 2. 3. City Medical Plan 1. 2. 3. City Contribution $ 75.33 $150.66 $215.00 $114.36 $191.96 $258.51 FHP 1. 2. 3. $ 75.33 $150.66 $215.00 Gen Med Ctr. 1. $ 75.33 2. $150.66 3. $215.00 -86- 0464s012784 TATA nl -- 1. 2. 3. $ 75.33 $150.66 $215.00 58.0123 For the self- funded City Comprehensive Medical Plan, for calendar year 1985, the employee monthly contribution shall not exceed $25.00 single, $35.00 two party and $40 family. 58.0124 For the self - funded City Comprehensive Medical Plan, for calendar year 1986, the employee monthly contribution shall not exceed $50.00 single, $60.00 two party and $65 family. 58.013 The City Medical Plan shall be described in a booklet which shall become a part of this memorandum by reference. The booklet in addition to administrative provisions will include the following benefits as agreed to by the parties. The provisions of the City Medical Plan shall become effective February 1, 1984. A Comprehensive Plan - will include charges for hospital, physicians, drugs, and all other medical care subject to one (1) deductible and one (1) coinsurance amount. -87- 0464s012784 Deductible - $200 per person per calendar year, maximum of two (2) deductibles per family, deductible applied to charges incurred in a calendar year. Coinsurance - 80% of first $5,000 of eligible charges, 100% of eligible charges over $5,000 for the remainder of the calendar year. Maximum Lifetime Benefits - $1,000,000 per person. Supplemental Accident Benefit - 1000 of first $1,000 (no deductible), charges over $1,000 assumed under general plan provisions subject to deductible. Medical care must be received within 72 hours of accident. Vision Care - Benefits of Vision Service Plan. Outpatient Mental Health - ANAHEIM agrees to continue the California Psychological Health Plan for all employees of this unit regardless of the medical plan selected. -88- 0464s012784 Alcohol /Drug Abuse Care - Lifetime maximum of two (2) treatment cycles per patient. Mandatory Second Opinion for Elective Surgery - 100% (no deductible) will require confirming second opinion for full plan benefits for all elective surgery. Non - compliance reduces benefits to 50% of the benefit otherwise payable. The plan administrator will provide the employee with a panel of doctors from which to select a doctor to obtain a second opinion. ANAHEIM assures that the panel of consulting physicians for employee selection shall include no less than three (3), and preferably five (5) physicians who have peer accepted expertise in the medical problem involved, and that ANAHEIM shall exert all its influence to assure expeditious scheduling of such consultation and that the consulting physician will utilize existing lab and test results to the greatest extent possible. "Elective Surgery" is defined as operations or surgical procedures which are not considered to be emergency or -89- 0464s012784 life- threatening and are subject to the choice or decision of the patient and physician. Specifically excluded are surgeries required as a result of trauma, normal vaginal deliveries and elective abortions. Both inpatient and outpatient surgery are included in the program. Procedures considered elective are: tonsilectomy, adnoidectomy, cholecystectomy, hysterectomy, prostatectomy, hemorrhoidectomy, herniotomy, cateract extraction, cornary bypass, laminectomy, ligation striping of vericous veins, myringotomy, submucus resection, thyroidectomy, typanoplasty, bunionectomy, hip surgery, reattachment of the retina, ocular muscle surgery for strabismus, gastroenterotomy, knee surgery, mammoplasty, excision of neuroma, oophorectomy, and vasectomy. In the event that one of these procedures must be performed as an emergency or in a life threatening situation it is not considered elective. Third Opinion - 1000 (no deductible) In the event the second opinion doesn't -90- 0464s012784 confirm the first evaluation, a third opinion may be required. In the event a third doctor's opinion is required the employee will select a doctor from a panel provided by the Orange County Medical Association. The Joint Committee on Medical Programs will work with the Orange County Medical Association to develop a Third Opinion List. Outpatient Surgery - 100% coverage with no deductible for surgical facility charges. Surgeons charges paid under regular schedule subject to deductible. Hospital Pre - admission testing - 100% coverage with no deductible. Generic Drugs - 100% coverage with no deductible. Licensed Surgical Center or Alternate Birthing Center - 100% coverage with no deductible. Hospice Charges - 100% coverage with no deductible. Hospice charges are covered -91- 0464s012784 if following hospitalization or in -lieu of hospitalization. Approved Home Health Care - 100% coverage with no deductible for home care provided by Licensed Registered Nurse and following a hospital stay. (Excluded are providers who are related to the patient.) Immunization Injections - 100% coverage with no deductible. Annual Physical Exam - $150 allowance, maximum one (1) per employee per calendar year with no deductible. No coverage for charges over $150. No coverage for dependents. Hospitalization Pre - Authorization and Concurrent Review - requires post- admission review of emergency admissions, pre- authorization of non - emergency admissions and concurrent reviews of all hospitalization extensions. Non - compliance reduces benefit to 50% of the benefits otherwise payable. ANAHEIM agrees that the patient /employee responsibility is limited -92- 0464s012784 to assuring proper notification has been made to the offices of Cost Care, Inc. according to the published literature /employee information kit supplied by ANAHEIM to each employee. Chiropractic Care Limits - Service of a licensed chiropractor shall be limited to the charges for the detection and correction by manual or mechanical means of nerve interference resulting from or related to distortion, mis- alignment or partial dislocation in the vertebral column. Payment is limited to the initial consultation, work -up and x -rays, and up to 40 visits per calendar year for all related and unrelated conditions. Charges will be paid at 800 of usual, customary and reasonable with a maximum payment of $1,000 per person per calendar year. Maternity Benefits - shall be limited to the employee, legal spouse or minor dependent child of the employee. -93- 0464s012784 Non - Surgical Treatment of Feet - specifically EXCLUDED are charges for care of: (1) Treatment of weak, strained, or flat feet or instability or imbalance of the feet, (2) Treatment for any Tarsalgia, Metatarsalgia or Bunion, other than operations involving the exposure of bones, tendons or ligaments, (3) Treatment (including cutting or removal by any method) of toe nails, or of superficial lesions of the feet including corns, callous and hyperkeratoses, other than removal of nail matrix or root. The exclusions listed above do not apply to eligible dependents under the age of 19 if the treatment is provided by an orthopedist or a pediatrician. Patient Audit of Hospital Billings - The City shall award the employee one -half (1/2) of the savings from a verified reduction in a hospital billing that resulted from the employee's audit or -94- 0464s012784 review of the hospital billing (minimum $25.00 reduction required). 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 will 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 the City 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 health plans will not be modified unilaterally by the City of 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 MOU in effect on -95- 0464s012784 the date the fee increase is effective shall be applied to the new fees. 58.02 Life Insurance 58.021 ANAHEIM agrees to contribute to the APA Life Insurance Trust Fund an amount which is the lesser of: 58.0211 1000 of the premium cost; or 58.0212 the amount of the City's contribution to the City sponsored group life insurance plan. 58.022 The APA Life Insurance Trust Fund will purchase and provide life insurance for its active employee members and their enrolled dependents in amounts according to the following schedule: ANNUAL WAGE AMOUNT OF LIFE INSURANCE $10,000 but less than $15,000 $15,000 15,000 but less than 20,000 20,000 20,000 and over 25,000 Dependent coverage 1,000 0464x012784 mum for spouse and each dependent 5 years to 19 years of age. ANNUAL WAGE AMOUNT OF LIFE INSURANCE 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 six months, but less than a complete year of service up to a maximum of $2,000.00. 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 the City of Anaheim and any company or companies providing such coverage. -97- 0464s012784 58.033 ANAHEIM shall only provide long term disability for non - occupational disabling conditions, commencing February 1, 1984, provided however, that employees who apply for an industrial disability pension under PERS will be advanced 500 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 will be required to post a surety bond upon initial payment of the advance guaranteeing payment to ANAHEIM. 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 ANAHEIM shall during the term of this agreement limit its monthly contribution to all dental plans to the following schedule: City cost Single 11.00 2 -Party 17.10 Family 24.66 -98- 0464s012784 58.05 Short Term Disability 58.051 ANAHEIM agrees to continue sponsorship of the employee paid short -term disability insurance coverage for presently enrolled employees during the term of this Memorandum. 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 shall contribute a portion of the cost of employee retirement benefits in accordance with the provisions of the contract between the City of Anaheim and the Public Employees' Retirement System. 58.062 ANAHEIM shall contribute a portion of the cost of employee survivors' benefits in accordance with the provisions of the above contract. 58.1 Retired Employees -99- 0464s012784 58.11 Current Retired Employees 58.111 Health Insurance plans will be provided to current retirees in accordance with PARAGRAPH 58.011. 58.112 Retiree contributions to the various medical plans will be in accordance with the following schedule: Single $15.00 monthly 2 -Party $15.00 monthly Family $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 will 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 City of ANAHEIM service on date of retirement, and -100 - 0464s012784 58.1213 Must be currently enrolled as a subscriber at time of separation from City service. 58.1214 Or must be awarded a disability retirement by PERS. 58.122 Retiree contributions to the various plans will be in accordance with the following schedule: Single $15.00 monthly 2 -Party $15.00 monthly Family $45.00 monthly 58.13 Employees who retire on or after July 1, 1985. 55.131 For employees hired prior to February 1, 1984, the city contribution shall be: Service Retirements City Years of Service At Age 60 Under Age 60 10 -14 400 200 15 -19 60% 30% 20 -24 80% 400 25+ 90% 45% -101 - 0464s012784 Industrial Disability Retirements WCAB Rating greater than or equal to 70% - City contribution percent will be equal to 100% of the WCAB rating to a maximum contribution of 90 %. WCAB Rating less than 70% - City contribution percent will be equal to 50% of the WCAB rating until age 60, then 100% of the WCAB rating. If the retiree participates in a city sponsored Rehabilitation Plan, City contribution will be 90% for one year or until rehabilitation plan ends, then the City contribution reverts to the 50% or 100% standard. 58.132 For employees hired February 1, 1984 or later, the City contribution shall be: Service Retirements City Years of Service At Age 60 Under Age 60 10 -14 20% 10% 15 -19 30% 15% 20 -24 40% 20% 25+ 45% 22 1/2% -102 - 0464s012784 Industrial Disability Retirements WCAB Rating greater than or equal to 70% - City contribution percent will be equal to 50a of the WCAB rating. WCAB Rating less than 700 - City contribution percent will be equal to 25% of the WCAB rating until age 60, then 500 of the WCAB rating. If the retiree participates in a City sponsored Rehabilitation Plan, City contribution will be 45% for one year or until rehabilitation plan ends, then the City contribution reverts to the 25% or 50% standard. 58.133 General Conditions Applying to All Retirees 58.1331 Eligibility for continued membership in a City- sponsored medical plan requires that the retiree must have ten (10) years City of ANAHEIM full -time continuous service OR be awarded an Industrial Disability Retirement from P.E.R.S. as a result of a City job incurred injury. -103- 0464-012784 58.1332 Surviving enrolled spouse may continue coverage under the following conditions: 1. The surviving spouse may continue membership until death, remarriage, or the date of eligibility in an employer sponsored group medical plan as 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 will 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; -104 - 0464s012784 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 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 will be Coordination of Benefits where other insurance coverage exists, and City 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. -105 - 0464s012784 58.1338 City percentage contributions shall be based upon the current year premium rates which may be adjusted annually. ARTICLE 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 job 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 PARAGRAPH 59.2 may be transferred or demoted to a position requiring lesser medical qualifications, recommended for disability retirement, or terminated. -106 - 0464s012784 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. 59.31 Exceptions to the provisions of PARAGRAPH 59.3 may be made only in the case of out -of -state candidates for employment. In such cases, the physician performing the examination may be a physician licensed by the state in which the candidate resides. 59.4 ANAHEIM shall pay for any medical examination required under the provisions of this ARTICLE. 59.5 Employees will be required to provide their department, on a yearly basis, evidence of good health. ARTICLE 60 JOINT COMMITTEE ON MEDICAL PROGRAMS 60.0 The parties to this agreement, 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 providing medical care programs, and investigate cost containment systems, all for the purpose of achieving adequate low -cost medical care for the employees of ANAHEIM. -107 - 0464s012784 60.1 Invited to serve on the committee with Human Resources Department staff and operating Department management staff will be two members from each of the following employee organizations: -- International Brotherhood of Electrical Workers -- ANAHEIM Municipal Employees Association -- ANAHEIM Police Association -- ANAHEIM Fire Fighters Association 60.2 This committee will meet as often as is necessary during the life of this agreement and will 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 the City Manager for review. 60.3 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. -108- 0464sO12784 ARTICLE 61 NO STRIKE 61.0 ANAHEIM and the APA recognize the obligation of APA's employee members to continue to faithfully perform their services to ANAHEIM in accordance with the highest professional standards for peace officers. 61.1 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. 61.2 The APA agrees that neither it, nor any of its officers or agents will call, institute, authorize, participate in, sanction or ratify any concerted action against ANAHEIM as specified above. ARTICLE 62 CONSTRUCTION 62.0 Nothing in this agreement shall be construed to deny any person or employee the rights granted by Federal and State laws and City Charter provisions. The rights, powers and authority of the City Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by this agreement. The provisions of this agreement are not intended to conflict with the provisions of Chapter 10, -109 - 0464s012784 Division 4, Title 1 of the Government Code of the State of California (Sections 3500, the seq.) as amended in 1982. ARTICLE 63 SAVINGS CLAUSE 63.0 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. ARTICLE 64 DURATION 64.0 The terms of this Memorandum are to remain in full force and effect until the 9th day of October, 1986. Upon adoption of a resolution approving this Memorandum and the terms hereof by the City Council of the City of Anaheim, this Memorandum shall be in full force and effect as of the 7th day of October, 1983. 64.1 This agreement may be re- opened by ANAHEIM anytime after October 5, 1984 for the sole purpose of meeting and conferring -110- 0464-012784 on a two tier pension plan. No other subject or changes will be considered during this re- opening. STATE OFFICIALS OF THE CITY OF ANAHEIM, a municipal corporation By 07 By By By'� RAI �� �� 0 By By By •rte . By By Dated: t , 30 ?(/ -111- 0464s012784 By ANAHEIM POLICE ASSOCIATION Dated : 9d' ANAHEIM POLICE ASSOCIATION APPENDIX "A" WAGES October 7, 1983 through October 4, 1984 SCHEDULE CLASS NUMBER HOURLY RATE MONTHLY RATE Extra Police Officer 1268 E 12.68 Extra Police Officer 1331 E 13.31 Supervisor Police Officer Trainee 1398 R -E 10.43 - 13.98 $1807.87- 2423.20 Police Officer 1398 R -E 10.43 - 13.98 $1807.87- 2423.20 Police Officer - 1468 A -E 12.08 - 14.68 $2093.87- 2544.53 Detective Police Officer - 1468 A -E 12.08 - 14.68 $2093.87- 2544.53 Hazard Police Officer - 1538 A -E 12.65 - 15.38 $2192.67- 2665.87 Master Advanced Police Officer - 1503 A -E 12.37 - 15.03 $2144.13- 2605.20 Master Intermediate Police Officer - 1573 A -E 12.94 - 15.73 $2242.93- 2726.53 Sr. Master Advanced Police Officer - 1538 A -E 12.65 - 15.38 $2192.67- 2665.87 Sr. Master Intermediate Police Officer - 1456 A -E 11.98 - 14.56 $2076.53- 2523.73 Helicopter Pilot Police Officer - 1596 A -E 13.13 - 15.96 $2275.87- 2766.40 Helicopter Pilot MA Police Officer - 1561 A -E 12.84 - 15.61 $2225.60- 2705.73 Helicopter Pilot MI Police Officer - 1631 A -E 13.42 - 16.31 $2326.13- 2827.07 Helicopter Pilot SMA Police Officer - 1678 A -E 13.81 - 16.78 $2393.73- 2908.53 Polygraph Examiner Police Officer - 1526 A -E 12.55 - 15.26 $2175.33- 2645.07 Helicopter Pilot H -112 - 0472s013084 1.20.5 Anaheim shall pay 6% towards the employee contribution to PERS -113 - 0472s013084 1.20.5 SCHEDULE CLASS NUMBER HOURLY RATE MONTHLY RATE Police Officer - 1596 A -E 13.13 - 15.96 $2275.87- 2766.40 Helicopter Pilot SMI Police Communications 1503 A -E 12.37 - 15.03 $2144.13- 2605.20 Clerk A Police Communications 1845 A -E 15.18 - 18.45 $2631.20 - 3198.00 Clerk B Police Communications 1573 A -E 12.94 - 15.73 $2242.93- 2725.53 Clerk C Police Front Counter 1538 A -E 12.65 - 15.38 $2192.67- 2665.87 Operations A Police Front Counter 1573 A -E 12.94 - 15.73 $2242.93- 2726.53 Operations B Police Front Counter 1503 A -E 12.37 - 15.03 2144.13- 2605.20 Operations C Police Property 1503 A -E 12.37 - 15.03 2144.13- 2605.20 Clerk A Police Training 1503 A -E 12.37 - 15.03 2144.13- 2605.20 Assistant A Police Sergeant 1678 D -E 15.98 - 16.78 $2769.87- 2908.53 Police Sergeant - 1736 D -E 16.53 - 17.36 $2865.20- 3009.07 Helicopter Pilot Police Sergeant - 1820 D -E 17.33 - 18.20 $3003.87- 3154.67 Helicopter Pilot H Police Sergeant - 1904 D -E 18.13 - 19.04 $3142.53- 3300.27 Helicopter Pilot PA Police Sergeant - 1762 D -E 16.78 - 17.62 $2908.53- 3054.13 Detective Police Sergeant - 1762 D -E 16.78 - 17.62 $2908.53 - 3054.13 Hazard Police Sergeant - 1846 D -E 17.58 - 18.46 $3047.20 - 3199.73 Post Advanced Anaheim shall pay 6% towards the employee contribution to PERS -113 - 0472s013084 1.20.5 CLASS Extra Police Officer Extra Police Officer Supervisor Police Officer Trainee Police Officer Police Officer - Detective Police Officer - Hazard Police Officer - Master Advanced Police Officer - Master Intermediate Police Officer - Sr. Master Advanced Police Officer - Sr. Master Intermediate Police Officer - Helicopter Pilot Police Officer - Helicopter Pilot MA Police Officer - Helicopter Pilot MI Police Officer - Helicopter Pilot SMA Police Officer - Polygraph Examiner Police Officer - Helicopter Pilot H ANAHEIM POLICE ASSOCIATION APPENDIX "A" WAGES October 5, 1984 through April 4, 1985 SCHEDULE NUMBER HOURLY RATE 1319 E 13.19 1385 E 13.85 1454 R -E 1454 R -E 1527 A -E 1527 A -E 1599 A -E 1563 A -E 1636 A -E 1599 A -E 1512 A -E 1657 A -E 1621 A -E 10.85 - 14.54 10.85 - 14.54 12.56 - 15.27 12.56 - 15.27 13.16 - 15.99 12.86 - 15.63 13.46 - 16.36 13.16 - 15.99 12.44 - 15.12 13.63 - 16.57 13.34 - 16.21 1694 A -E 13.94 - 16.94 1745 A -E 14.36 - 17.45 1585 A -E 13.04 - 15.85 MONTHLY RATE $1880.67- 2520.27 $1880.67- 2520.27 $2177.07- 2646.80 $2177.07- 2646.80 $2281.07 - 2771.60 $2229.07- 2709.20 $2333.07- 2835.73 $2281.07- 2771.60 $2156.27- 2620.80 $2362.53- 2872.13 $2312.27- 2809.73 $2416.27- 2936.27 $2489.07- 3024.67 $2260.27- 2747.33 -114 - 0472s013084 1.20.5 Anaheim shall pay 6% towards the employee contribution to PERS -115 - 0472s013084 1.20.5 SCHEDULE CLASS NUMBER HOURLY RATE MONTHLY RATE Police Officer - 1657 A -E 13.63 - 16.57 $2362.53- 2872.13 Helicopter Pilot SMI Police Communications 1563 A -E 12.86 - 15.63 $2229.07- 2709.20 Clerk A Police Communications 1919 A -E 15.79 - 19.19 $2736.93- 3326.27 Clerk B Police Communications 1636 A -E 13.46 - 16.36 $2333.07- 2835.73 Clerk C Police Front Counter 1599 A -E 13.16 - 15.99 $2281.07- 2771.60 Operations A Police Front Counter 1636 A -E 13.46 - 16.36 $2333.07- 2835.73 Operations B Police Front Counter 1563 A -E 12.86 - 15.63 $2229.07- 2709.20 Operations C Police Property Clerk A 1563 A -E 12.86 - 15.63 $2229.07- 2709.20 Police Training Assistant A 1563 A -E 12.86 - 15.63 $2229.07- 2709.20 Police Sergeant 1745 D -E 16.62 - 17.45 $2880.80- 3024.67 Police Sergeant - 1803 D -E 17.17 - 18.03 $2976.13 - 3125.20 Helicopter Pilot Police Sergeant - 1890 D -E 18.00 - 18.90 $3120.00- 3276.00 Helicopter Pilot H Police Sergeant - 1978 D -E 18.84 - 19.78 $3265.60- 3428.53 Helicopter Pilot PA Police Sergeant - 1832 D -E 17.45 - 18.32 $3024.67- 3175.47 Detective Police Sergeant - 1832 D -E 17.45 - 18.32 $3024.67- 3175.47 Hazard Police Sergeant - 1920 D -E 18.29 - 19.20 $3170.27- 3328.00 Post Advanced Anaheim shall pay 6% towards the employee contribution to PERS -115 - 0472s013084 1.20.5 ANAHEIM POLICE ASSOCIATION APPENDIX "A" WAGES April 5, 1985 through October 3, 1985 SCHEDULE CLASS NUMBER HOURLY RATE MONTHLY RATE Extra Police Officer 1359 E 13.59 Extra Police Officer 1427 E 14.27 Supervisor Police Officer Trainee 1498 R -E 11.18 - 14.98 $1937.87- 2596.53 Police Officer 1498 R -E 11.18 - 14.98 $1937.87- 2596.53 Police Officer - 1573 A -E 12.94 - 15.73 $2242.93- 2726.53 Detective Police Officer - 1573 A -E 12.94 - 15.73 $2242.93- 2726.53 Hazard Police Officer - 1648 A -E 13.56 - 16.48 $2350.40- 2856.53 Master Advanced Police Officer - 1610 A -E 13.25 - 16.10 $2296.67- 2790.67 Master Intermediate Police Officer - 1685 A -E 13.86 - 16.85 $2402.40- 2920.67 Sr. Master Advanced Police Officer - 1648 A -E 13.56 - 16.48 $2350.40 - 2856.53 Sr. Master Intermediate Police Officer - 1556 A -E 12.80 - 15.56 $2218.67- 2697.07 Helicopter Pilot Police Officer - 1706 A -E 14.04 - 17.06 $2433.60- 2957.07 Helicopter Pilot MA Police Officer - 1668 A -E 13.72 - 16.68 $2378.13- 2991.20 Helicopter Pilot MI Police Officer - 1743 A -E 14.34 - 17.43 $2485.60- 3021.20 Helicopter Pilot SMA Police Officer - 1798 A -E 14.79 - 17.98 $2563.60- 3116.53 Polygraph Examiner Police Officer - 1631 A -E 13.42 - 16.31 $2326.13- 2827.07 Helicopter Pilot H -116 - 0472s013084 1.20.5 Anaheim shall pay 6% towards the employee contribution to PERS -117- 0472x013084 1.20.5 SCHEDULE CLASS NUMBER HOURLY RATE MONTHLY RATE Police Officer - 1706 A -E 14.04 - 17.06 $2436.60- 2957.07 Helicopter Pilot SMI Police Communications 1610 A -E 13.25 - 16.10 $2296.67- 2790.67 Clerk A Police Communications 1977 A -E 16.26 - 19.77 $2818.40- 3426.80 Clerk B Police Communications 1685 A -E 13.86 - 16.85 $2402.40- 2920.67 Clerk C Police Front Counter 1648 A -E 13.56 - 16.48 $2350.40- 2856.53 Operations A Police Front Counter 1685 A -E 13.86 - 16.85 $2402.40- 2920.67 Operations B Police Front Counter 1610 A -E 13.25 - 16.10 $2296.67- 2790.67 Operations C Police Property Clerk A 1610 A -E 13.25 - 16.10 $2296.67- 2790.67 Police Training Assistant A 1610 A -E 13.25 - 16.10 $2296.67- 2790.67 Police Sergeant 1798 D -E 17.12 - 17.98 $2967.47- 3116.53 Police Sergeant - 1856 D -E 17.68 - 18.56 $3064.53- 3217.07 Helicopter Pilot Police Sergeant - 1946 D -E 18.53 - 19.46 $3211.87- 3373.07 Helicopter Pilot H Police Sergeant - 2036 D -E 19.39 - 20.36 $3360.93- 3529.07 Helicopter Pilot PA Police Sergeant - 1888 D -E 17.98 - 18.88 $3116.53- 3272.53 Detective Police Sergeant - 1888 D -E 17.98 - 18.88 $3116.53- 3272.53 Hazard Police Sergeant - 1978 D -E 18.84 - 19.78 $3265.60- 3428.53 Post Advanced Anaheim shall pay 6% towards the employee contribution to PERS -117- 0472x013084 1.20.5 ANAHEIM POLICE ASSOCIATION APPENDIX "A" WAGES October 4, 1985 through April 3, 1986 SCHEDULE CLASS NUMBER HOURLY RATE MONTHLY RATE Extra Police Officer 1400 E 14.00 Extra Police Officer 1470 E 14.70 Supervisor Police Officer Trainee 1543 R -E 11.51 - 15.43 $1995.07- 2674.53 Police Officer 1543 R -E 11.51 - 15.43 $1995.07- 2674.53 Police Officer - 1620 A -E 13.33 - 16.20 $2310.53- 2808.00 Detective Police Officer - 1620 A -E 13.33 - 16.20 $2310.53- 2808.00 Hazard Police Officer - 1697 A -E 13.96 - 16.97 $2419.73- 2941.47 Master Advanced Police Officer - 1659 A -E 13.65 - 16.59 $2366.00- 2875.60 Master Intermediate Police Officer - 1736 A -E 14.28 - 17.36 $2475.20- 3009.07 Sr. Master Advanced Police Officer - 1697 A -E 13.96 - 16.97 $2419.73- 2941.47 Sr. Master Intermediate Police Officer - 1601 A -E 13.17 - 16.01 $2282.80 - 2775.07 Helicopter Pilot Police Officer - 1755 A -E 14.44 - 17.55 $2502.93- 3042.00 Helicopter Pilot MA Police Officer - 1717 A -E 14.13 - 17.17 $2449.20 - 2976.13 Helicopter Pilot MI Police Officer - 1794 A -E 14.76 - 17.94 $2558.40- 3109.60 Helicopter Pilot SMA Police Officer - 1852 A -E 15.24 - 18.52 $2641.60- 3210.13 Polygraph Examiner Police Officer - 1678 A -E 13.81 - 16.78 $2393.73- 2908.53 Helicopter Pilot H -118 - 0472s013084 1.20.5 Anaheim shall pay 6% towards the employee contribution to PERS -119 - 0472s013084 1.20.5 SCHEDULE CLASS NUMBER HOURLY RATE MONTHLY RATE Police Officer - 1755 A -E 14.44 - 17.55 $2502.93- 3042.00 Helicopter Pilot SMI Police Communications 1659 A -E 13.65 - 16.59 $2366.00- 2875.60 Clerk A Police Communications 2037 A -E 16.76 - 20.37 $2905.07- 3530.80 Clerk B Police Communications 1736 A -E 14.28 - 17.36 $2475.20- 3009.07 Clerk C Police Front Counter 1697 A -E 13.96 - 16.97 $2419.73- 2941.47 Operations A Police Front Counter 1736 A -E 14.28 - 17.36 $2475.20- 3009.07 Operations B Police Front Counter 1659 A -E 13.65 - 16.59 $2366.00- 2875.60 Operations C Police Property Clerk A 1659 A -E 13.65 - 16.59 $2366.00- 2875.60 Police Training Assistant A 1659 A -E 13.65 - 16.59 $2366.00- 2875.60 Police Sergeant 1852 D -E 17.64 - 18.52 $3057.60- 3210.13 Police Sergeant - 1910 D -E 18.19 - 19.10 $3152.93 - 3310.67 Helicopter Pilot Police Sergeant - 2003 D -E 19.08 - 20.03 $3307.20- 3471.87 Helicopter Pilot H Police Sergeant - 2095 D -E 19.95 - 20.95 $3458.00- 3631.33 Helicopter Pilot PA Police Sergeant - 1945 D -E 18.52 - 19.45 $3210.13- 3371.33 Detective Police Sergeant - 1945 D -E 18.52 - 19.45 $3210.13- 3371.33 Hazard Police Sergeant - 2037 D -E 19.40 - 20.37 $3362.67- 3530.80 Post Advanced Anaheim shall pay 6% towards the employee contribution to PERS -119 - 0472s013084 1.20.5 CLASS Extra Police Officer Extra Police Officer Supervisor Police Officer Trainee Police Officer Police Officer - Detective Police Officer - Hazard Police Officer - Master Advanced Police Officer - Master Intermediate Police Officer - Sr. Master Advanced Police Officer - Sr. Master Intermediate Police Officer - Helicopter Pilot Police Officer - Helicopter Pilot MA Police Officer - Helicopter Pilot MI Police Officer - Helicopter Pilot SMA Police Officer - Polygraph Examiner Police Officer - Helicopter Pilot H 0472013084 ANAHEIM POLICE ASSOCIATION APPENDIX "A' WAGES April 4, 1986 through October 9, 1986 SCHEDULE NUMBER HOURLY RATE MONTHLY RATE 1441 E 14.41 1513 E 15.13 1589 R -E 11.86 - 15.89 $2055.73- 2754.27 1589 R -E 11.86 - 15.89 $2055.73- 2754.27 1668 A -E 13.72 - 16.68 $2378.13 - 2891.20 1668 A -E 13.72 - 16.68 $2378.13- 2891.20 1748 A -E 14.38 - 17.48 $2492.53- 3029.87 1708 A -E 14.05 - 17.08 $2435.33- 2960.53 1788 A -E 14.71 - 17.88 $2549.73- 3099.20 1748 A -E 14.38 - 17.48 $2492.53- 3029.87 1647 A -E 13.55 - 16.47 $2348.67- 2854.80 1806 A -E 14.86 - 18.06 $2575.73- 3130.40 1766 A -E 14.53 - 17.66 $2518.53 - 3061.07 1846 A -E 15.19 - 18.46 $2632.93- 3199.73 1907 A -E 15.69 - 19.07 $2719.60- 3305.47 1726 A -E 14.20 - 17.26 $2461.33- 2991.73 -120- 1.20.5 Anaheim shall pay 6% towards the employee contribution to PERS -121 - 0472s013084 1.20.5 SCHEDULE CLASS NUMBER HOURLY RATE MONTHLY RATE Police Officer - 1806 A -E 14.86 - 18.06 $2575.73- 3130.40 Helicopter Pilot SMI Police Communications 1708 A -E 14.05 - 17.08 $2435.33- 2960.53 Clerk A Police Communications 2097 A -E 17.25 - 20.97 $2990.00- 3634.80 Clerk B Police Communications 1788 A -E 14.71 - 17.88 $2549.73- 3099.20 Clerk C Police Front Counter 1748 A -E 14.38 - 17.48 $2492.53- 3029.87 Operations A Police Front Counter 1788 A -E 14.71 - 17.88 $2549.73- 3099.20 Operations B Police Front Counter 1708 A -E 14.05 - 17.08 $2435.33- 2960.53 Operations C Police Property Clerk A 1708 A -E 14.05 - 17.08 $2435.33- 2960.53 Police Training Assistant A 1708 A -E 14.05 - 17.08 $2435.33- 2960.53 Police Sergeant 1907 D -E 18.16 - 19.07 $3147.73- 3305.47 Police Sergeant - 1968 D -E 18.74 - 19.68 $3248.27- 3411.20 Helicopter Pilot Police Sergeant - 2060 D -E 19.62 - 20.60 $3400.80- 3570.67 Helicopter Pilot H Police Sergeant - 2156 D -E 20.53 - 21.56 $3558.53- 3737.07 Helicopter Pilot PA Police Sergeant - 2002 D -E 19.07 - 20.02 $3305.47- 3470.13 Detective Police Sergeant - 2002 D -E 19.07 - 20.02 $3305.47- 3470.13 Hazard Police Sergeant - 2098 D -E 19.98 - 20.98 $3463.20- 3636.53 Post Advanced Anaheim shall pay 6% towards the employee contribution to PERS -121 - 0472s013084 1.20.5