RES-2023-083RESOLUTION NO. 2023 - n,9
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ADOPTING A MEMORANDUM
OF UNDERSTANDING ESTABLISHING TERMS AND
CONDITIONS OF EMPLOYMENT FOR EMPLOYEES
REPRESENTED BY THE AMERICAN FEDERATION
OF STATE, COUNTY, AND MUNICIPAL
EMPLOYEES, LOCAL 2002, CONFIDENTIAL UNIT,
AND REPEALING RESOLUTION NO.2021-121
WHEREAS, Chapter 1.06 of the Anaheim Municipal Code establishes the employer -
employee relations system for the City; and
WHEREAS, Chapter 1.06, Section 1.06.100 requires the Memorandum of Understanding
to be presented to the City Council for determination; and
WHEREAS, the Memorandum of Understanding between the City of Anaheim and the
American Federation of State, County, and Municipal Employees, Local 2002, Confidential Unit
("AFSCME"), adopted by Resolution No. 2021-121, expired on June 30, 2023; and
WHEREAS, the City Council of the City of Anaheim finds that approval of a successor
Memorandum of Understanding between the City of Anaheim and the AFSCME, executed on
September 19, 2023, 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 AFSCME and the City of Anaheim executed
by the City Management Representative and the AFSCME on September 19, 2023, as set forth in
the document attached hereto and incorporated by reference herein, be and the same is hereby
adopted and that the effective date of such Memorandum of Understanding shall be July 1, 2023
through June 30, 2027.
BE IT FURTHER RESOLVED that the Human Resources Director shall be delegated
with the authority to publish the authorized salary schedule in said Memorandum of
Understanding in any format meeting the requirements of California Code of Regulations Section
570.5.
BE IT FURTHER RESOLVED that Resolution No. 2021-121 is hereby repealed effective
September 29, 2023.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this _6 day of September 2023, by the following roll call vote:
AYES: Mayor Aitken and Council Members Rubalcava, Diaz,
Leon, Kurtz, Faessel and Meeks
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
MAYOR OF/TKE CITY OF ANAHEIM
ATTEST:
r
PLERK CITY OF ANAHEIM
Memorandum of Understanding
between the
American Federation of State, County, and
Municipal
Employees, Local 2002,
Confidential Unit
and the City of Anaheim
July 1, 2023 through June 30, 2027
Table of Contents
PREAMBLE.....................................................................................................................................1
SECTION I: GENERAL ADMINISTRATION...............................................................................2
Article1 - Recognition................................................................................................................2
Article2 - Employee Rights........................................................................................................2
Article3 - Employer Rights........................................................................................................2
Article4 - Construction...............................................................................................................2
Article5 - Savings Clause...........................................................................................................3
Article6 - Duration......................................................................................................................3
Article7 - Notification.................................................................................................................3
Article8 - Consultation...............................................................................................................3
Article9 - Meet And Confer........................................................................................................4
Article 10 - Memorandum Of Understanding.........................................................................4
Article11 - Discussion................................................................................................................4
Article 12 - Union Administration.............................................................................................5
Article 13 - New Employee Orientation...................................................................................6
Article14 - Check Off..................................................................................................................7
Article 15 - Notification Of Contracting Out...........................................................................7
SECTIONII: COMPENSATION...................................................................................................7
Article 16 - Salary Administration...........................................................................................7
Article 17 - Hours of Work and Payday.................................................................................10
Article18 - Premium Pay..........................................................................................................12
SECTION III: EMPLOYMENT...................................................................................................15
Article 19 - Appointments and Promotions..........................................................................15
Article20 - Probation................................................................................................................20
Article 21 - Salary Reduction, Suspension, Demotion, And Dismissal ...........................21
Article 22 - Layoff, Reassignment, And Reemployment....................................................23
Article 23 - Reinstatement.......................................................................................................25
Article 24 - Voluntary Demotion.............................................................................................25
Article25 - Transfer...................................................................................................................26
Article 26 - Post -Offer Medical And Physical Exams..........................................................26
SECTIONIV: LEAVES................................................................................................................27
Article27 - Holidays..................................................................................................................27
Article28 - Vacation..................................................................................................................29
Article29 - Sick Leave...............................................................................................................32
Article 30 - Industrial Accident Leave...................................................................................35
Article 31 - Bereavement Leave..............................................................................................36
Article32 - Military Leave........................................................................................................37
Article 33 - Jury Duty And Court Appearances....................................................................38
Article 34 - Leave Without Pay...............................................................................................38
Article 35 - Administrative Leave...........................................................................................39
SECTION V: BENEFITS.............................................................................................................40
Article 36 - Insurance and Pensions......................................................................................40
Article 37 - Post Retirement Medical Benefits.....................................................................44
Article 38 - Miscellaneous Benefits and Services Awards.................................................46
Article39 - Payroll Deductions...............................................................................................46
Article 40 - Joint Committee On Medical Program.............................................................47
SECTION VI: MISCELLANEOUS PROVISIONS.....................................................................47
Article 41 - Part -Time Employees...........................................................................................47
Article 42 - Grievance Procedure............................................................................................52
Article43 - No Strike.................................................................................................................56
Article 44 - Outside Employment............................................................................................56
Article45 - Personnel Files......................................................................................................56
Article 46 - Professional Licenses...........................................................................................57
Article 47 - Required Equipment and Apparel.....................................................................57
Article48 - Duration..................................................................................................................59
Appendix "A" —Special Provisions.........................................................................................60
Appendix "B" — Represented Classifications and Rates of Pay........................................62
JULY 7, 2023 — SEPTEMBER 28, 2023.......................................................................62
SEPTEMBER 29, 2023 — JUNE 20, 2024.....................................................................64
JUNE 21, 2024 - JUNE 19, 2025.................................................................................66
JUNE20, 2025.................................................................................................................68
Appendix "C" — Salary Relationships.....................................................................................70
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM
AND THE AMERICAN FEDERATION OF STATE, COUNTY,
AND MUNICIPAL EMPLOYEES, LOCAL 2002,
CONFIDENTIAL UNIT
PREAMBLE
The wages, hours, and other terms and conditions of employment within the lawful scope of
representation of the American Federation of State, County, and Municipal Employees, Local
2002, Confidential Unit (hereinafter called "AFSCME" or "UNION' have been agreed upon by
representatives of the AFSCME and staff officials of City of Anaheim (hereinafter called
"ANAHEIM" or "City') and shall apply to all employees of ANAHEIM working in classifications set
forth in Appendix "B" (bargaining unit classifications). AFSCME agrees to recommend
acceptance by bargaining unit members of all the terms and conditions of employment as set
forth herein, and the staff officials of ANAHEIM agree to recommend to the City Council that all
terms and conditions of employment, as set forth herein, be approved pursuant to California
Government Code §3505.1.
SECTION I: GENERAL ADMINISTRATION
Article 1 - Recognition
1.1 ANAHEIM hereby recognizes AFSCME 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, AFSCME shall
be kept fully informed and have the right to be present at all such meetings between
ANAHEIM and the individual.
Article 2 - Employee Rights
2.1 Employees shall have all rights granted to public employees under California law.
Employees shall have the right to form, join, and participate in the activities of employee
organizations of their own choosing for the purpose of representation on all matters of
employer -employee relations. Employees also have the right to refuse to join or
participate in the activities of employee organizations and shall have the right to
represent themselves individually in their employment relations with ANAHEIM. No
employee shall be interfered with, intimidated, restrained, coerced, or discriminated
against by ANAHEIM or by any employee organization because of the employee's exercise
of these rights.
Article 3 - Employer Rights
3.1 The Employer retains, exclusively, all its inherent rights, functions, duties, and
responsibilities except where specifically limited in this document. The rights of the
employer include, but are not limited to, the exclusive right to consider the merits,
necessity, or organization of any service or activity provided by law or administrative
order; determine the mission of its constituent departments, commissions, and boards;
set standards of service and performance; determine the procedures and standards of
selection for employment, training, and promotion; direct its employees; establish work
schedules and work assignments; evaluate employee performance; take disciplinary
action; relieve its employees from duty because of lack of work or other legitimate
reasons; maintain the efficiency of ANAHEIM's operations; determine the methods,
means, and personnel by which ANAHEIM's operations are to be conducted; classify and
reclassify positions; determine the content of job classifications; contract out work and
transfer work into or out of the unit; take all necessary action to carry out its mission in
emergencies; and exercise complete control and discretion over its organization and the
technology of performing its work.
Article 4 - Construction
4.1 Nothing in this Memorandum of Understanding (hereinafter "MOU'� shall be construed
to deny any person or employee the rights granted by federal and state laws and City
Charter provisions. The rights, powers and authority of the Anaheim City Council in all
matters, including the right to maintain any legal action, shall not be modified or
restricted by this MOU. The provisions of this MOU are not intended to conflict with the
provisions of Chapter 10, Division 4, Title 1 of the Government Code of the State of
California (Sections 3500, et seq.).
Article 5 - Savings Clause
5.1 The resolution of ANAHEIM shall provide that if any provision of this MOU or the
resolution is at any time, or in any way, held to be contrary to any law by any court of
proper jurisdiction, the remainder of this MOU and the remainder of the resolution shall
not be affected thereby, and shall remain in full force and effect.
Article 6 - Duration
6.1 This MOU shall be in full force and effect as of the first day of the pay period following
adoption of a resolution approving this MOU and the terms hereof by the City Council of the
City of Anaheim. The terms of this Memorandum are to remain in full force and effect through
the thirtieth (30th) day of June, 2027.
Article 7 - Notification
7.1 Reasonable written notice shall be given by the City Management Representative to
AFSCME, 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 AFSCME shall be given the opportunity to meet with the City
Management Representative prior to submission to the City Council for determination.
7.2 In cases of emergency when the City Council determines that an ordinance, resolution,
rule or regulation must be adopted immediately without prior notice or meeting with
AFSCME, the City Management Representative shall provide such notice at the earliest
practicable time following the adoption of such ordinance, resolution, rule, or regulation.
Article 8 consultation
8.1 The City Management Representative, after consultation in good faith with
representatives of AFSCME, may recommend adoption of reasonable rules and
regulations for the administration of employer -employee relations. The City Management
Representative shall consult in good faith with representatives of AFSCME on employer -
employee relations matters which affect them, including those that are not subject to
meeting and conferring.
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Article 9 - Meet And Confer
9.1 The City Management Representative and representatives of AFSCME 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 ANAHEIM and the
UNION.
9.2 The City Management Representative shall not be required to meet and confer in good
faith on any subject pre-empted by federal or state law or by the Anaheim City Charter
nor shall they be required to meet and confer in good faith on Employer or Employee
Rights as herein defined in ARTICLES 2 and 3. Proposed amendments to this ARTICLE
are excluded from the scope of meeting and conferring.
Ar ic.ig 10 -Memorandum Of Understanding
10.1 When the meeting and conferring process results in agreement between ANAHEIM and
AFSCME, such agreement shall be incorporated in a written MOU, signed by ANAHEIM
Representative(s) and AFSCME representative(s). The matters incorporated in the MOU
shall be presented to the City Council for determination.
le 11 - Discussion
11.1 It is the intent of both parties to maintain an open line of communication for the
betterment of employer -employee relations. Any issue not pertaining to grievances or
grievable issues may be discussed by AFSCME or ANAHEIM at either party's request.
11.2 A party requesting a discussion may orally or in writing notify the other party of the
subject to be discussed. Thereafter, a meeting shall be promptly arranged at which
meeting not more than two (2) AFSCME members and the business manager or business
representative of AFSCME may be present. Upon notification and with mutual agreement,
either party may include additional representatives.
11.3 If the parties are not able to resolve the issues after three (3) meetings, the issues will
be considered dropped, unless both parties agree to meet additional times.
11.4 If the discussion process results in an agreement between the City Management
Representative and AFSCME to amend this MOU, such agreement shall be incorporated
in a written Letter of Understanding (hereinafter "LOU'% signed by the City Management
Representative(s) and AFSCME representative(s). The matters incorporated in the Letter
of Understanding shall be presented to the City Council for determination when
necessary.
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Arti I 2 - Unmon Administration
12.1 AFSCME representatives are those elected or appointed in accordance with the
constitution and bylaws of AFSCME.
12.2 ANAHEIM recognizes the UNION's right to appoint shop stewards.
12.3 AFSCME shall notify ANAHEIM, in writing, of the names and job classification titles of its
officers, unit representatives, stewards, or other officials each time an election is held or
new appointments are made.
12.4 An employee elected or appointed as an officer, director, or representative of the AFSCME
shall be required to work full-time in the employee's respective job classification.
12.5 Officers, directors, and representatives (subject to the provision of this Article) of the
UNION shall be permitted to visit employee work locations for the purpose of observing
conditions under which employees are working, provided such visit shall not interfere
with the normal operations of the department or with established safety requirements.
12.5.1 Such officers, directors, and representatives shall not enter any work location
without the knowledge of the Department Head, Division Head, or other
appropriate supervisor.
12.6 In the event that the AFSCME formally meets and confers with representatives of
ANAHEIM on matters within the scope of representation during regular City business
hours, a reasonable number of officers, directors, and representatives, or other officials
of the AFSCME shall be allowed reasonable time off without loss of compensation or
other benefits. Stewards and officers shall be granted reasonable time off without loss
of compensation for representing employees in disciplinary matters or otherwise
enforcing this MOU.
12.6.1 Such officers, directors, representatives, or other officials shall not leave their
duties, work stations, or assignments without the knowledge of their appropriate
manager or supervisor. Release time shall, whenever possible, be requested at
least forty-eight (48) hours in advance so as to allow the department to make
any necessary adjustments for work coverage. Union release time may be
granted if the request is submitted on the date of the union activity and will not
be granted if the request is submitted after the date of union activity.
12.6.2 Such meetings are subject to scheduling in a manner consistent with operating
needs and work schedules.
12.7 ANAHEIM agrees to provide the President and board members of AFSCME reasonable
time off without loss of compensation or benefits for all activities concerned with the
internal management of AFSCME.
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12.8 ANAHEIM shall furnish bulletin boards at mutually agreeable, specific locations for the
purpose of posting notices pertaining to AFSCME business.
12.9 ANAHEIM shall allow AFSCME to conduct meetings in City facilities.
12.9.1 Such meetings shall be scheduled in accordance with regulations governing use
of public meeting rooms at City facilities.
12.10 Within thirty (30) days of the date of hire or by the first pay period of the month following
hire, ANAHEIM shall provide the UNION with the following information of bargaining unit
employees:
• Name
• Hire date
• Job title
• Department
• Work location
• Work cellular number, if provided by the City
• Personal cellular and home phone numbers
• Personal email addresses
• Home address
12.11 The information identified in this section shall be provided to the UNION regardless of
whether the newly hired public employee was previously employed by the public
employer.
12.12 ANAHEIM shall provide the same information of all bargaining unit employees to the
UNION on a quarterly basis.
12.13 Employees' personal information shall not be deemed public record subject to disclosure
to any person or organization other than the UNION.
12.14 Employees may choose not to have their personal information (home address, home
telephone number, personal cellular number, or personal email address) released to the
Union. Employees making such a request must submit a written (including email) request
to the Human Resources Department.
Article 13 - New Em to ee Orientation
13.1 ANAHEIM shall provide notice of new employee orientations no less than ten (10) calendar
days in advance, to AFSCME. The notification shall include date, time, location, and
name(s) of new employees attending the orientation.
13.2 AFSCME shall be provided up to one-half (1/2) hour during the new employee orientation
sessions to speak with new employees about contractual rights, introduce new employees
to AFSCME, and discuss potential enrollment in membership.
13.3 If an in -person new employee orientation session is not held within thirty (30) calendar
days of an employee's date of hire, the City will allow AFSCME to make arrangements for
an in -person meeting with the new employee during working hours, for up to one-half
hour. During the meeting, the AFSCME representative may discuss enrollment in
membership.
Article 14 - Check Off
14.1 ANAHEIM agrees to check -off for the payment of the regular monthly AFSCME dues and
to deduct such payments from the wages of all AFSCME represented members when
authorized to do so by AFSCME, and remit such payments to AFSCME in accordance with
the terms of signed authorizations of such members. The deduction of such dues and the
remittal of same by ANAHEIM to AFSCME shall constitute payment of said dues and
initiation fees by such members to AFSCME.
Article 15 - Notification Of Contracting ❑ t
15.1 ANAHEIM agrees to notify AFSCME of possible contracting out of City work or services if
such contracting out will have a significant long term impact on work performed by
employees in classifications represented by AFSCME.
15.1.1 Such notification will be given before a decision to contract out is made; and
15.1.2 AFSCME will have an opportunity to comment prior to a determination by ANAHEIM
to enter into contracting arrangements.
SECTION II: COMPENSATION
Article 16 - Salary Administration
16.1 Purpose
16.1.1 The purpose of this ARTICLE is to maintain a compensation program that will
attract and retain qualified employees at all levels of responsibility. Employee
compensation shall be externally competitive and internally consistent and fair.
16.2 General
16.2.1 Employees shall be assigned to a classification in which the pay rate is determined
by placement on a step in the applicable salary schedule-
16.3 New Hires
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16.3.1 Newly hired Employees shall normally be compensated at the lowest step of the
salary schedule of the job class for which they are hired. When a prospective
employee's experience and qualifications require special consideration, a
Department Head may authorize the Human Resources Department to offer a
higher step in the salary schedule. Salary steps greater than the seventh (7th) step
require approval of the Human Resources Director.
16.3.2 The provisions of this Article may also apply to reemployed and reinstated
employees per ARTICLE 23 - REINSTATEMENT.
16.4 Merit Increases —Full -Time Employees
16.4.1 Regular, full-time employees are eligible for individual merit increases effective on
their merit review date. Employees may be determined to be ineligible to receive
a merit increase based upon their overall performance rating. Regular, full-time
hourly employees shall be eligible for consideration for merit pay increases as
follows:
(1) To the fifth (5th) step after completion of six (6) months of service in the fourth
(4th) step.
(2) To the sixth (6th) step after completion of six (6) months of service in the fifth
(5th) step.
(3) To the seventh (7th) step after completion of six (6) months of service in the
sixth (6th) step.
(4) To the eighth (8th) step after completion of twelve (12) months of service in
the seventh (7th) step.
(5) To the ninth (9th) step after completion of twelve (12) months of service in
the eighth (8th) step.
(6) Effective the first full pay period following City Council adoption of this MOU,
the City shall implement a tenth (loth) step. Employees shall be eligible to
move to the tenth (loth) step after completion of twelve (12) months of service
in the ninth (9th) step and effective on their first merit review date occurring
on or after the effective date of the addition of the tenth (loth) step. Except
that an employee who has been on the ninth (91h) step for one year or more
and is not currently on a performance improvement plan shall be advanced to
the tenth (loth) step upon its effective date.
16.4.2 For purposes of this ARTICLE, "six (6) months" shall be construed to mean thirteen
(13) complete biweekly pay periods; and "twelve (12) months" shall be construed
to mean twenty-six (26) complete biweekly pay periods.
16.4.3 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 their duties.
16.4.4 The effective date of the merit pay increase shall be the first (1st) day of the pay
period following approval as provided above and completion of the minimum
required service in the next lower step as provided in ARTICLE 16.4.1.
16.5 Merit Increases —Part -Time Employees
16.5.1 Pan` -Time hourly employees are eligible for individual merit increases effective on
their merit review date. Employees may be determined to be ineligible to receive
a merit increase based upon their overall performance rating. Part -Time hourly
employees shall be eligible for consideration for merit pay increases as follows:
16.5.1.1 Part-time employees hired to work an average of twenty (20) hours per
week on an ongoing basis shall be eligible for merit increases to the
next higher salary step after one thousand forty (1,040) hours in a
salary step.
16.5.1.2 Part-time employees hired to work an average of thirty (30) hours per
week on an ongoing basis shall be eligible for merit increases to the
next higher salary step after one thousand five hundred sixty (1,560)
hours in a salary step.
16.5.1.3 The effective date of the merit pay increase shall be the first (1st) day
of the pay period following approval as provided above and completion
of the minimum required service in the salary step.
16.6 Special Merit Adjustments — All Employees
16.6.1 When an employee demonstrates exceptional ability and proficiency in the
performance of their assigned duties, the employee may be given a special merit
advancement to the next higher step, without regard to length of service, upon
the recommendation of the employee's Department Head and the approval of the
Human Resources Director. Probationary employees shall not be considered for a
special merit.
16.7 Reclassification
16.7.1 An employee who is reclassified to a higher job classification shall be placed in the
lowest salary step of the salary schedule that provides an increase of at least four
percent (4%) except when the top step of the higher salary schedule provides a
pay increase of less than four percent (4%).
16.7.2 An employee who is reclassified to a lower job classification shall be placed in the
salary step of the lower salary schedule closest to the employee's rate of pay that
does not provide an increase.
16.7.3 An incumbent employee reclassified to an equivalent job classification shall retain
the employee's rate of pay and merit review date for purposes of merit pay
increases.
16.7.4 An incumbent employee reclassified to a higher job classification shall retain the
employee's step and merit review date for purposes of merit pay increases.
16.7.5 An incumbent employee reclassified to a lower job classification shall be placed in
the step of the lower salary schedule closest to the employee's rate of pay. If the
top step of the salary schedule of the lower job classification is lower than the
incumbent's rate of pay, the rate of pay shall be identified as the "Y" step of the
lower salary range. An employee compensated at the "Y" step because of a
downward reclassification shall remain in the "Y" step until such time as the
employee's job classification is assigned to a salary schedule in which the top step
is equivalent to or higher than the "Y" step, at which time the employee shall be
placed in the top step.
16.7.6 An incumbent who is reclassified does not begin a new probationary period.
16.8 Order of Precedence —Personnel Actions
16.8.1 When more than one (1) personnel action involving changes to an employee's
salary step status become effective on the same day, the actions shall take place
in the following order of precedence:
(1) Adjustment to same salary step in newly authorized salary schedule;
(2) Merit pay advancement or reduction in salary step; and
(3) Promotion, demotion, or reclassification.
Article 17 - Hours of Work and Payday_
17.1 Forty (40) Hour Work Week.
17.1.1 The average regular work week for full-time employees shall be forty (40) hours.
17.1.1.1 For all full-time employees with an average regular workweek of forty
(40) hours, the monthly shall be the hourly rate multiplied by two
thousand eighty (2080) divided by twelve (12).
17.1.1.2 Part -Time employees shall be paid at an hourly rate, which shall be
calculated by dividing the annual rate of the same position by two
thousand eighty (2080) hours.
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17.1.1.3 Part-time employees shall be assigned a work week of seven (7)
consecutive days for the purpose of overtime. Part-time employees shall
have no guarantee of hours of work in any given work week.
17.1.2 All pay, discipline, and leave provisions will be administered consistent with this
MOU and the Fair Labor Standards Act (FLSA) requirements for exempt positions.
17.2 Alternative Work Schedules. In certain instances, alternatives to the traditional work
schedule may be appropriate. Such schedules may be implemented under the following
guidelines:
17.2.1 Such schedules may be implemented at the request of the employee subject to
City approval or by management when it is determined that a non-traditional
work schedule serves the public interest.
17.2.2 Alternate work schedules shall not reduce service to the public.
17.2.3 Alternate schedules approved at the request of the employee may be adjusted or
revoked by either party upon adequate notice to the other party. Adequate notice
is understood to mean at least one (1) full pay period.
17.2.3.1 The parties agree that any disputes regarding the denials or rescission
of alternative schedules may be addressed as outlined in ARTICLE 11
- DISCUSSION.
17.2.4 Alternate work schedules implemented by management may be revoked by the
City upon adequate notice to all affected employees. Adequate notice is
understood to mean at least one (1) full pay period.
17.2.5 Employees who perform authorized work in excess of the defined alternate work
day or work week and who are otherwise eligible for overtime pay shall be
compensated for such work at the rate of one and one-half (11/2) times their
regular hourly rate of pay in accordance with the provisions of ARTICLE 18 —
PREMIUM PAY.
17.2.6 Non-exempt employees who do not work on the holiday or day observed in lieu
of the holiday, as set forth in ARTICLE 27 — HOLIDAYS, shall be required to submit
a vacation request for each hour beyond eight (8) hours of the defined alternate
work schedule. Alternatively, employees may, with pre -approval of management,
make up hours beyond eight (8) hours on a single work day within the pay period
in which the holiday falls. Such additional hours worked shall not be considered
overtime and the employee shall be paid at the employee's regular hourly rate of
pay. This make-up of hours shall only apply to holidays.
17.2.7 Employees may be assigned to or revoked from an alternate work schedule only
effective at the beginning of a biweekly pay period.
17.3 Pay Days. Regular salaries and compensation of employees shall be paid on a biweekly
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basis.
17.4 All holiday, vacation, and sick leave payments shall be at the employee's regular hourly
rate of pay.
Article 18 - Premium Pav
18.1 Exemptions from Overtime
18.1.1 Except as specifically provided in this ARTICLE, all full-time employees in job
classifications with an "X" before the salary schedule are exempt from Overtime.
For the purposes of this ARTICLE, such employees are considered "Exempt."
18.1.2 No employee shall receive overtime pay for the time spent, outside normal work
hours, in attending meetings of any kind which are for the purpose of education
or training unless the employee's Department Head specifically requires the
employee's attendance and the employee is otherwise eligible for overtime
compensation.
18.2 Overtime — General
18.2.1 A full-time employee who performs authorized work in excess of the employee's
normal work period, regular work week, work day, or shift and is otherwise eligible
for overtime shall be compensated for such work at the rate of one and one-half
(1 1/2) times the employee's regular hourly rate of pay.
18.2.1.1 All overtime must be authorized by the appropriate manager, or
designee.
18.2.1.2 Overtime of less than one-half (1/2) hour duration shall be calculated as
one-half (1/2) hour. Overtime of one-half (1/2) hour or more shall be
calculated to the nearest one -quarter (1/4) hour of time worked.
18.3 Standby
18.3.1 A full-time non-exempt 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 the employee's regular
hourly rate of pay for each calendar day of such standby duty.
18.4 Call Out
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18.4.1 A full-time non-exempt employee called out for emergency work shall be paid at
the rate of one and one-half (11/2) times regular hourly rate of pay for such
emergency work.
18.4.1.1 All emergency call out time shall be calculated to the nearest one -
quarter (1/4) hour of time worked.
18.4.1.2 In addition to hours worked, travel time of up to forty-five (45) minutes
shall be paid at the rate one and one-half (11/2) times the employee's
regular hourly rate of pay.
18.4.1.3 A minimum of three (3) hours, inclusive of travel time at the rate of
one and one-half (11/2) times the employee's regular hourly rate of pay,
shall be guaranteed for each emergency call out.
18.4.2 Non-exempt employees subpoenaed to appear during off duty hours as a witness
for court matters within the scope of their employment and who 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 call out
provisions.
18.5 Planned Overtime
18.5.1 A full-time non-exempt employee who is assigned planned overtime shall be paid
at the rate of one and one-half (11/2) times the employee's regular hourly rate of
pay for such work.
18.5.1.1 A minimum of two (2) hours pay at the rate of one and one-half (11/2)
times the employee's regular hourly rate of pay shall be guaranteed
for planned overtime, except when such overtime occurs immediately
before or after a regular work period.
18.5.1.2 A non-exempt employee subpoenaed to appear during off duty hours
as a prosecution witness for court matters within the scope of their
employment and who receives 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.
18.6 Temporary Upgrade
18.6.1 Temporary upgrading shall be defined as the temporary assignment of an
employee to perform the work of a job class which is assigned to a salary schedule
or salary range higher than the employee's regular job class.
18.6.1.1 Employees who are temporarily upgraded to a job classification
assigned to a salary step schedule for two (2) hours or more, and who
are responsible for the full range of duties assigned to the higher level
classification, shall receive a seven and one-half percent (71/2%) pay
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differential for all time worked in the temporary assignment.
18.6.1.2 Employees temporarily upgraded to a job classification assigned to a
salary range for a minimum of one (1) complete work shift, and who
are responsible for the full range of duties assigned to the higher level
classification, shall receive a fifteen percent (15%) pay differential for
all time worked in the temporary assignment.
18.6.1.3 An employee must be qualified for the higher position in order to
receive a pay differential. The determination of those persons qualified
to work in higher rated classifications shall be established by the City.
18.6.1.4 Upgrade to a vacant position shall be limited to six (6) consecutive
months, except in cases of extended sick leave, industrial accident
leave, or leave without pay.
18.7 Bilingual Pay
18.7.1 Employees required to speak in Spanish or other languages (including sign
language), as well as English, as part of their regular duties of their position will
be compensated at the rate of seventy dollars ($70) per pay period in addition to
their regular pay.
18.7.2 Employees required to speak in Spanish or other languages, as well as English, as
part of their regular duties of their position will be compensated at the rate of
ninety dollars ($90) per pay period in addition to their regular pay if the employee
can also read and/or write in Spanish or other languages, as well as English.
18.7.3 Any employee receiving compensation under this ARTICLE 18.7.2 shall not
concurrently receive compensation under ARTICLE 18.7.1.
18.7.4 Employees who are assigned to test other employees for bilingual certification, as
part of their regular duties of their position will be compensated at the rate of one
hundred twenty dollars ($120) per pay period in addition to their regular pay.
18.7.5 The appropriate Department Head shall designate which positions shall be
assigned bilingual duties and which language shall be eligible for bilingual pay.
18.7.6 The Human Resources Department shall conduct a competency test for employees
whose positions have been assigned bilingual duties to certify these employees
are eligible for bilingual pay. However, where operating departments have
authorized bilingual certifiers, they may conduct their own bilingual competency
testing and notify the Human Resources Director of such results.
18.7.7 The effective date of bilingual pay certification shall be the first (1st) day of the
pay period following the passing of the bilingual test by the employee as provided
in ARTICLE 18.7.5. Bilingual pay eligibility shall continue in accordance with the
provisions in ARTICLE 18.7 during any period of leave with pay.
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18.7.8 Bilingual pay eligibility shall continue only as long as the employee's Department
Head affirms an ongoing need for the bilingual duties, and only so long as the
employee demonstrates continuing competency through a proficiency examination
at intervals deemed appropriate by the Human Resources Department.
18.7.9 Employees on Short -Term Disability (" STD') or Leave Without Pay for over forty
(40) hours in a pay period shall not receive bilingual pay.
SECTION III: EMPLOYMENT
Article 1 - Appointments and Promotions
19.1 Appointments and promotions will be solely based on qualifications without regard to
political affiliation or belief, membership in or attitude toward any employee organization,
or any protected category under state or federal law, including, race, religion, color,
national origin, ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender expression, age, sexual
orientation, and military and veteran status, except where age or lack of physical disability
is a bona fide occupational qualification.
19.1.1 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 abilities and aptitudes of
candidates.
19.2 Recruitment — Open
19.2.1 Unless otherwise indicated at the time a recruitment is announced, recruitments
are open to the general public.
19.2.2 At the conclusion of the filing period (or periodically for a continuous
recruitment), an applicant who has failed to demonstrate possession of the
minimum requirements for the position shall be removed from further
consideration. For open recruitments for a classification, the remaining applicants
shall be placed on an eligibility list; however, only those remaining applicants
whose qualifications best fit the position shall be referred for consideration.
Eligibility lists for open recruitments for specific positions will include solely those
candidates that have been interviewed. Multiple eligibility lists may exist for a
recruitment.
19.2.2.1 City employees who submit an application in an open recruitment shall
be evaluated on the same basis as external applicants. Successful
candidates may be required to undergo a reference check, background
check and/or pass a post -offer pre -employment medical examination.
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19.2.2.2 Eligibility lists created from an open recruitment shall not be ranked.
Such lists may be restricted to the position for which the recruitment is
conducted, or may apply to any vacancies within the City in the specified
classification.
19.2.2.3 Eligibility lists shall remain in effect for a period of six (6) months or until
depleted, whichever occurs first. Lists containing two (2) or fewer names
may be considered depleted.
19.2.2.4 Eligibility lists may be extended by the Human Resources Director for a
period not to exceed an additional six (6) months.
19.3 Recruitment — Promotional
19.3.1 At such times as the "Appointing Authority," with concurrence of the Human
Resources Director, determines that it is in the best interests of the City to promote
from within, promotions shall be on a competitive basis except when the Human
Resources Director finds that the number of employees qualified for promotion is
insufficient to justify competition.
19.3.2 Promotional eligibility lists may be ranked. Such lists may also be restricted to the
position for which the promotional recruitment is conducted, or may apply to any
vacancies within the City in the specified classification.
19.3.2.1 When creating a ranked list, eligible candidates shall be listed in the
order of final evaluation and appointments from that list shall normally
follow rank order. When ranking a promotional eligibility list, appropriate
consideration shall be given to promotional candidates' qualifications,
record of performance, and seniority, in that order. Employees shall be
given written notice of their rank order on promotional eligibility lists.
19.3.2.2 Promotional eligibility lists shall remain in effect for a period of six (6)
months, or until depleted, whichever occurs first. Lists containing two
(2) or fewer names may be considered depleted.
19.3.2.3 Promotional eligibility lists may be extended by the Human Resources
Director for a period not to exceed an additional six (6) months.
19.3.2.4 The appropriate Department Head, with the concurrence of the Human
Resources Director, may order names removed from a promotional
eligibility list for good and sufficient reasons. Employees shall be given
written notice of removal of their names from eligibility lists.
19.4 Promotion Without Competition
19.4.1 An employee may be promoted without qualifying through the competitive
process when the employee is in a classification with a recognized career
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progression (e.g. from Utilities Analyst I to Utilities Analyst II), or when the Human
Resources Director determines that the number of employees qualified for
promotion is insufficient to justify competition.
19.4.2 When the position is one with a recognized career progression, the employee's
Department Head need only notify the Human Resources Director, in writing, that
the employee meets all of the minimum requirements for the higher -level position.
19.4.3 When the Human Resources Director determines that that the number of
employees qualified for promotion is insufficient to justify competition, the
Department Head of the department with the vacancy shall informally solicit
interest among department employees; discuss the position and its requirements
with all qualified employees who indicate interest; and consider an employee's
record of performance. The Department Head shall provide the results of the
informal process and recommendation for promotion to the Human Resources
Director.
19.5 Promotions — General
19.5.1 An employee promoted to a classification assigned to a salary step schedule shall
be placed in the step of the higher salary schedule that will provide a pay increase
of not less than four percent (4%) of base pay, except when the top step of the
higher salary schedule provides a pay increase of less than four percent (4%).
When the lowest step of the higher salary schedule is more than four percent
(4%) higher than the employee's base pay, the new rate of pay shall be the
lowest step of the higher salary schedule. The employee shall be given a new
merit review date for purposes of merit pay increases.
19.5.2 An employee promoted to a classification assigned to a salary range shall be
placed at any rate within the designated salary range which provides a ten
percent (10%) base rate of pay increase. An employee promoted to a
management classification to which the employee was being temporarily
upgraded immediately preceding the promotion in accordance with ARTICLE 18.6
- Temporary Upgrade shall be placed at any rate within the designated
management salary range which provides a fifteen percent (15%) increase based
on the employee's regular rate of pay excluding the temporary upgrade pay. In
no case may the increase cause the employee's salary to exceed the Maximum
Point. A new merit review date shall be established in accordance with ARTICLE
16 — SALARY ADMINISTRATION. Under special circumstances, a new pay rate
may be calculated using other forms of pay recommended by the Human
Resources Director and approved by the City Manager.
19.5.3 The City Manager may, at their discretion, provide additional vacation accrual or
vacation balance in accordance with the provisions of ARTICLE 28 — VACATION
to a promoted employee.
19.5.4 The Human Resources Director may recommend pay adjustments or other
remedies to correct pay inequities arising out of the application of these
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promotional policies where pay rates are not internally equitable. All
recommendations shall require the approval of the City Manager.
19.6 Acting Appointments
19.6.1 An Acting Appointment is the appointment of an employee to a higher -level
position on a temporary basis for an indefinite duration when a legitimate need
exists due to a vacancy or an extended absence of another employee such as
illness, vacation, prolonged jury duty service, military leave, etc. Not all long-term
vacancies require an acting appointment; such appointments are reserved for
positions that must be filled by law or Charter, or for those positions that are
essential to maintain public services and/or efficiency of operations within the
City.
19.6.2 An Acting Appointment of a person meeting the minimum qualifications for the
position may be made by the appropriate Department Head with the approval of
the City Manager for Administrative Management positions. Acting appointments
to all other management positions shall only be made with the approval of the
Human Resources Director under special circumstances pursuant to ARTICLE
19.6.1. Requests for Acting Appointments must be submitted in writing and must
include justification for the appointment.
19.6.3 Acting Appointments are subject to the following:
19.6.3.1 An Acting Appointment must cover a period of at least thirty (30)
calendar days.
19.6.3.2 A request for an Acting Appointment should be submitted to the Human
Resources Department prior to instituting the acting period. An acting
appointment is not posted.
19.6.3.3 The Acting Appointment must involve the assignment of duties and
responsibilities corresponding to those included in the job description
for the acting position and must be assumed on a full-time basis.
However, in some departments, individuals may take on additional
assignments and responsibilities at a higher level while maintaining
their current job for a limited duration.
19.6.3.4 The appointee in all cases must meet the requirements as provided in
the job description of the acting title. The appointee's background will
be reviewed to ensure that the appointee meets the minimum
requirements.
19.6.3.5 If an incumbent fails to meet the minimum requirements for an acting
appointment but is performing duties associated with the position, an
appropriate acting classification and level of pay shall be determined
by Human Resources.
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19.6.3.6 The normal promotional salary progression will apply in accordance
with ARTICLE 19.5. If the employee is placed in the position through a
competitive process after serving in an acting capacity, the resulting
action will be a status change from acting to probationary and the
employee's merit review date will remain the same.
19.7 Provisional Appointments
19.7.1 A Provisional Appointment is the appointment of a person from outside the
organization to a position on a temporary basis for a limited duration when a
legitimate need exists to fill a vacancy prior to the establishment of an eligibility
list. The Provisional Appointment requires the prior approval of the Human
Resources Director.
19.7.2 A Provisional Appointment shall only be allowed in the absence of an eligibility list.
All Provisional Appointments shall be temporary and shall be valid only until an
eligibility list is established for the position. No Provisional Appointment shall be
valid beyond six (6) months without the approval of the City Manager. In no case
shall a Provisional Appointment exceed twelve (12) months.
19.7.3 A Provisional Appointment may be permitted to occupy a vacant position provided
that the appointing authority certifies that the nominee is qualified for appointment
based on an evaluation of experience, training or education, and there are no
reemployment lists for the position.
19.7.4 For purposes of computing the appropriate pay rate, Provisional Appointments
shall be considered new appointments. If the provisional appointee is placed in
the position through a competitive process after serving in a provisional capacity,
the action will be a status change from provisional to probationary and the
appointee's merit review date will remain the same.
19.7.5 In the event that any provisional appointee fails to qualify on the eligibility list or
is not selected as established within the appropriate time of the provisional
appointment, said provisional appointment shall end and the provisional appointee
shall have their employment terminated.
19.7.6 If it is not possible to establish an eligibility list for any reason, the City Manager,
upon recommendation from the Human Resources Director, may approve a
provisional appointee to a probationary appointment provided that the department
has interviewed available candidates and determined that the candidates do not
possess the skills needed to fill the vacancy and the Human Resources Director
concurs with such determination.
19.8 Grant -Funded Positions and/or Limited Term Positions
19.8.1 Appointments to certain grant -funded and/or limited -term 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
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Head with the approval of the Human Resources Director. In the event that a
grant -funded and/or limited -term appointee fails to complete competitive
examinations and/or evaluations and is not appointed to a City -funded position
during their period of employment under the grant or limited -term position, said
appointee shall be terminated from City employment.
19.9 Notwithstanding any other provisions of this ARTICLE, vacant full-time positions which
would otherwise be filled by an open recruitment may be filled by appointing non -
probationary employees currently employed in the equivalent Part -Time classification
without qualifying the employee through the competitive process.
Article 20 - Probation
20.1 Purpose
20.1.1 This ARTICLE allows the Appointing Authority to subject newly hired or promoted
employees to heightened scrutiny, and to reject such an employee at any time
during their probationary period if the employee's work and conduct is determined
to be below standards.
20.2 General
20.2.1 Newly appointed employees, employees promoted, employees reinstated after
thirty (30) calendar days in accordance with ARTICLE 23 — REINSTATEMENT;
employees reassigned according to the Vocational Rehabilitation Administrative
Regulation; and employees transferred in accordance with ARTICLE 25 —
TRANSFER shall be subject to a period of probation. The regular period of
probation shall be twelve (12) months.
20.2.1.1 Subject to the discretion of the appropriate Department Head, an
employee's probationary status may be extended beyond the regular
probationary period by providing the employee advanced written notice.
20.2.1.2 Upon successful completion of a probationary period, an employee shall
be granted regular status in the classification in which the probationary
period is served.
20.3 Evaluation
20.3.1 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 MOU, any state or federal law or Chapter 1.05 of the City
of Anaheim Municipal Code (Personnel System).
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20.3.2 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. However, in the event the Department Head fails
to either affirm or reject a probationary employee prior to the end of the
employee's probationary period, the employee will be considered to have
satisfactorily completed their probationary period and shall be granted regular
status in the classification in which the probationary period is served.
20.4 Probationary Rejection
20.4.1 An employee rejected or laid off during the probationary period from a position to
which the employee was appointed from outside the organization shall be
separated from City service.
20.4.2 An employee rejected or laid off during the probationary period from a position to
which the employee was promoted or transferred shall be returned to the
classification in which the employee had regular status unless the reasons for their
failure to complete the probationary period would be cause for dismissal.
20.4.3 ANAHEIM will make every reasonable effort to return a part-time employee
rejected or laid off from a position to which the employee was promoted or
transferred to during the probationary period to the classification in which the
employee had regular status unless the reasons for their failure to complete the
probationary period would be cause for dismissal. If not returned to their former
classification, the employee shall be separated from City service/employment.
Article 21 - Salary Reduction, Suspension, emotion, And Dismissal
21.1 The tenure of every employee shall be conditioned on good behavior and satisfactory
work performance. An employee may have their salary reduced or be suspended without
pay, demoted, or dismissed for good and sufficient cause.
21.2 When in the judgment of the appropriate Department Head, or designee, an employee's
work performance or conduct justifies disciplinary action short of demotion or dismissal,
the employee may be:
21.2.1 Suspended without pay. Upon taking such action, the appropriate Department
Head, or designee, 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 without pay for more than thirty (30)
calendar days, or;
21.2.2 Reduced in salary. Upon taking such action, the appropriate Department Head,
or designee, shall file with the employee and the Human Resources Director a
written notification containing a statement of the substantial reasons for the
action. The employee may be returned to their former salary at such time as
21
deemed appropriate by the appropriate Department Head, or designee.
21.2.2.1 No employee's salary may be reduced below the minimum salary
required by applicable law or regulation.
21.3 An employee may be demoted or dismissed upon recommendation of the Department
Head, or designee, whenever in the judgment of the appropriate Department Head, or
designee, the employee's work or misconduct so warrants. Upon taking such action, the
appropriate Department Head, or designee, 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.
21.4 In the disciplinary process, ANAHEIM shall conform with the procedural due process
requirements of Skelly v. State Personnel Board. At such time as Skelly due process is
required, prior to the determination that discipline will be imposed, the appropriate
Department Head, or designee, at a minimum shall:
21.4.1 Provide written notification to the employee of the proposed discipline at least
ten (10) calendar days, excluding recognized holidays as defined in ARTICLE 27
— HOLIDAYS, prior to the date the discipline is proposed to be implemented. The
notification shall include:
21.4.1.1 The discipline that is proposed;
21.4.1.2 The grounds for imposed disciplinary action;
21.4.1.3 The actions, omissions, or conduct of the employee upon which the
proposed discipline is based; and
21.4.1.4 An invitation to respond either orally or in writing prior to the proposed
effective date of the discipline.
21.4.2 Provide copies of documents considered which support the proposed discipline.
21.4.3 Provide written notification of the final determination after consideration of the
employee's response or after the opportunity to respond, if the employee chooses
not to respond.
21.4.4 Failure to comply with ARTICLE 21.4 shall not invalidate a disciplinary action, but
may result in penalties, upon ANAHEIM, as reflected in decisions of the California
appellate courts.
21.5 When an employee is dismissed as provided in this ARTICLE, the following accelerated
procedure under the provisions of ARTICLE 42 — GRIEVANCE PROCEDURE shall apply:
21.5.1 Only one (1) post -Skelly hearing by a representative from the City Manager's
Office shall be held. This hearing shall be held within fourteen (14) calendar days,
excluding recognized holidays as defined in ARTICLE 27 — HOLIDAYS, after the
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dismissal is grieved, unless mutually extended.
21.5.2 If the grievance is then timely appealed to Step III to be submitted to an impartial
arbitrator for a final and binding decision, ANAHEIM and AFSCME agree to:
21.5.2.1 Develop a standing list of mutually approved arbitrators.
21.5.2.1.1 This list shall include no more than five (5) mutually
approved arbitrators.
21.5.2.1.2 ANAHEIM and AFSCME agree to reestablish the list of
arbitrators once each year in January.
21.5.2.1.3 ANAHEIM or AFSCME may mutually remove arbitrators
from this list at any time.
21.5.2.2 Select the arbitrator from the standing list that has the earliest,
reasonable available hearing date, unless the parties mutually agree to
select another arbitrator from the list.
21.5.2.3 Stipulate to the following submission language when a dismissal is
submitted to an impartial arbitrator: "Was (name of employee)
dismissed for good and sufficient cause? If not, what shall be the
remedy?"
Article 22 - Layoff Re ssi nment And Reem tom n
22.1 Purpose
22.1.1 Layoffs shall be implemented for a lack of work or a lack of funds and shall be the
basis of an evaluation of employee qualifications and seniority within the affected
job class.
22.1.2. ANAHEIM will notify AFSCME of layoffs, which affect employees represented by
AFSCME at the same time or prior to notification of employees.
22.2 Procedure
22.2.1 An employee whose position has been abolished due to lack of work or lack of
funds shall be reassigned by the Department Head to the position within the
division or department in an equivalent or lower job class closest to the employee's
current classification for which the employee meets the minimum requirements
and where the employee has City seniority over other employees in the job class.
In the case of employees having equal City seniority, the tie -breaker will be
resolved by a random lottery. If the employee whose position has been abolished
does not have City seniority over other employees in equivalent or lower classes,
the employee may be reassigned by the Department Head to any vacant position
23
within the department in an equivalent or lower job class, for which the employee
meets the minimum requirements.
22.2.1.1 Employees reassigned to a job class with a salary step schedule will be
placed in the closest salary step of the new job class which does not
provide an increase. The employee's base rate of pay will be used in
calculating the appropriate rate of pay.
22.2.2 Whenever an employee, whose position has been abolished cannot be reassigned
to a position within their department, the employee may be reassigned by the City
Manager to any vacant position in any other department in the employee's job
class or in an equivalent or lower job class for which the employee meets the
minimum qualifications for employment. 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 reassignment shall be
on the basis of City seniority.
22.2.3 An employee who is reassigned in lieu of layoff to a job classification at the same
salary range shall retain the employee's current base rate of pay and merit review
date.
22.2.4 Whenever an employee is reassigned to a vacant position in the same class, an
equivalent class, or lower class as herein provided, the employee shall retain the
same anniversary date for purposes of merit pay increases.
22.2.5 Whenever an employee is reinstated to a vacant position in their former job class,
or re-employed as herein provided, the employee shall be given a new anniversary
date for purposes of merit pay increases in accordance with the provisions of
ARTICLE 16 — SALARY ADMINISTRATION.
22.3 Reemployment
22.3.1 Whenever an employee whose position has been abolished is not reassigned to
another position, the employee shall be separated from City service and placed on
the reemployment list for their job class. Persons on the reemployment list shall
be reemployed with their former salary step status when positions in their job class
(within the department from which they were laid off) become vacant within two
(2) years of being placed on the reemployment list. Reemployment shall be on the
basis of City seniority.
22.3.2 Reemployment lists shall contain the names of regular, full-time employees laid off
in good standing for lack of work or lack of funds.
22.3.2.1 Reemployment lists shall remain in effect for a period of two (2) years.
Reemployment lists shall not be extended.
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22.3.3 An employee reemployed from a reemployment list shall be considered to have
continuous service and shall be credited with the amount of accumulated sick leave
the employee had accrued at the time of layoff if the employee elects to remit to
the City any payment received under the provisions of ARTICLE 29 — SICK LEAVE.
22.3.4 The provisions of this ARTICLE shall not apply to Part -Time employees and
employees appointed to certain grant -funded and/or limited -term positions as
designated by the City Manager under ARTICLE 19.8.
Article 23 - Reinstatement
23.1 Upon recommendation of the Department Head and with approval of the Human
Resources Director, an employee may be reinstated to a vacant position in their former
job classification or job family within two (2) years of their termination date without re -
qualifying for employment by competitive process.
23.1.1 A full-time employee reinstated within thirty (30) calendar days of their termination
date shall be considered to have continuous service; shall not serve a new
probationary period; and shall be credited with the amount of accumulated sick
leave the employee had at the time of termination. The employee shall be placed
in their former salary step and shall retain their anniversary date for purposes of
merit pay increases. If their anniversary date occurred during the period of
absence, the employee's new anniversary day shall be the first (1st) day of the
next biweekly pay period following reinstatement.
23.1.2 A part-time employee reinstated within thirty (30) calendar days of their
termination date shall be considered to have continuous service and shall not serve
a new probationary period. The employee shall be placed in their former salary
step.
23.1.3 A full-time or part-time employee reinstated after thirty (30) calendar days of their
termination date shall serve a new probationary period; may be considered to have
broken service for purposes of salary status; and shall be considered to have
broken service for all other employee benefits.
23.2 An employee may be reinstated under the provisions of the Vocational Rehabilitation
Administrative Regulation to any vacant position for which the employee meets the
minimum qualifications.
Article 24 - Voluntary Demotion
24.1 A voluntary demotion is the movement of an employee into a classification with a lower
salary schedule or salary range at the request of the employee.
24.2 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 a voluntary
25
demotion may be placed in any salary of the appropriate salary range that does not
provide an increase in salary. A new anniversary date shall be given for purposes of merit
pay increases in accordance with provisions of ARTICLE 16 — SALARY ADMINISTRATION.
24.2.1 Voluntary demotions authorized under the provisions of the Vocational
Rehabilitation Administrative Regulation shall be in accordance with the provisions
of this ARTICLE.
24.3 Upon recommendation of the Department Head and with approval of the Human
Resources Director, an employee who has taken a voluntary demotion to a lower job class
may be reinstated to a vacant position in their former job class, which the employee had
regular status, within two (2) years of the effective date of the voluntary demotion without
re -qualifying by competitive processes.
24.3.1 An employee reinstated to their former job class from a voluntary demotion shall
be placed in the salary range at their current base rate of pay. The employee shall
retain their anniversary date for purposes of merit pay increases in accordance
with provisions of ARTICLE 16 — SALARY ADMINISTRATION.
Article 25 - Transfer
25.1 A change of an employee's place of employment from one division to another or from
one department to another shall be considered a Transfer. Movement of an employee
to a vacant position in a job classification on the same salary range as their current job
class shall also be considered a transfer.
25.2 A Transfer requires the approval of the Department Head to which the employee is
transferring and the Human Resources Director, A Transfer may be initiated by the City
Manager, Department Head, or by request of the employee to the Human Resources
Director.
25.2.1 A transferred employee shall retain their base rate of pay and their anniversary
date for purposes of merit pay increases.
25.2.2 If a Transfer is initiated by request of an employee to a job class with minimum
standards of employment substantially different from those of their current job
class, an employee shall be required to demonstrate their eligibility for employment
in accordance with the provisions of ARTICLE 19 — APPOINTMENTS AND
PROMOTIONS and the employee shall serve a new probationary period in
accordance with the provisions of ARTICLE 20 — PROBATION.
25.2.3 A scheduled merit increase may be deferred at the discretion of the Department
Head for a period of up to six (6) months to allow management to properly
evaluate the transferred employee's work performance and conduct.
Article 26 - Post -Offer Medical An(] Physical Exams
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26.1 In order to be eligible for employment with the City, candidates shall be required to pass
a medical evaluation, the character of which is in accordance with the standards
established by the Human Resources Director.
26.2 In order to be eligible for promotion or transfer to a job class in a category requiring
substantially different physical qualifications than the employee's present job class, an
employee must pass the appropriate medical examination.
26.3 All physical and 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 their practice as defined by California State Law.
26.3.1 Exceptions to the provisions of ARTICLE 26.3 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.
26.4 The City shall pay for any physical and medical examination required under the provisions
of this ARTICLE.
26.5 Any employee who returns to work after an absence in excess of forty (40) consecutive
working hours due to illness or physical incapacity or who has been removed from the
workplace under provisions of Administrative Regulation 277, may be required by the
Department Head to undergo a medical examination prior to returning to work.
26.6 In the event the post -offer examination determines an employee is unable to perform
the essential functions of a position without accommodation, the City will engage in an
appropriate interactive process in compliance with Administrative Regulation 251.
SECTION IV: LEAVES
Article 27 - Holidays
27.1 Holidays — General
27.1.1 The following days shall be recognized as holidays. Full-time employees shall have
the following holidays off with pay:
■ January 1, New Year's Day
■ Third Monday in January, Martin Luther King, Jr.'s Birthday
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■ Third Monday in February, Presidents' Day
■ Last Monday in May, Memorial Day
■ July 4, Independence Day
■ First Monday in September, Labor Day
■ November 11, Veteran's Day
■ Fourth Thursday in November, Thanksgiving Day
■ Friday after Thanksgiving
■ December 25, Christmas Day
■ Every day designated by the City Council for a public feast, or holiday
27.1.2 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.
27.1.3 Any employee, otherwise eligible for overtime, required to work on any of the
above holidays or days observed in lieu of those holidays, shall receive additional
compensation equivalent to one and one-half (11/2) times the employee's regular
hourly rate of pay for each hour worked.
27.1.4 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.
27.2 Alternate Work Schedules
27.2.1 For employees assigned to an alternate work scheduled authorized under the
provisions of ARTICLE 17 - HOURS OF WORK AND PAY DAY:
27.2.1.1 If the holiday falls on the workday where the employee is regularly
scheduled to work more than eight (8) hours, the employee will receive
only eight (8) hours of holiday pay. The employee shall be required to
submit a request for vacation to be charged to that day for all regularly
scheduled work hours in excess of eight (8), unless, at management's
discretion, the employee requests in advance and receives written
authorization to make-up the hour(s) by working on some other day
during that same pay period. The additional hour(s) worked shall not be
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considered as overtime and the employee shall be paid at their regular
hourly rate of pay.
27.2.1.2 In the event an employee does not request to make-up the hour(s) or is
not authorized to make-up the hour and does not have sufficient vacation
time to cover the hour(s), or in the event the employee is not eligible for
vacation, the employee shall be charged authorized leave without pay for
all regularly scheduled hours in excess of eight (8).
27.3 In addition to the holidays listed above under ARTICLE 27.1.1, each full-time employee
who is employed as of January 1st of each calendar year will receive one (1) eight (8)-
hour floating holiday per calendar year. A new employee will be eligible to use the
floating holiday hours upon completion of six (6) months of service with the City. This
leave time has no monetary value, cannot be cashed out and must be used by the end
of the calendar year. The floating holiday shall be scheduled and taken in accordance
with the best interests of the City and the department or division in which the employee
is employed.
27.4 Part-time employees are subject to ARTICLE 41 - PART-TIME EMPLOYEES
Article 28 - Vacation
28.1 All vacations shall be scheduled and taken in accordance with the best interests of the
City and the department or division in which the employee is employed. Requests for
vacation and scheduling of vacations shall not be arbitrarily denied or changed.
28.2 An employee shall be eligible to take any accrued vacation upon completion of six (6)
months of service.
28.3 The maximum amount of vacation that may be taken at any given time shall be that
amount that has accrued to the employee concerned.
28.4 In the event that any recognized holiday occurs during an 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.
28.5 Paid vacation shall continue to accrue in accordance with the provisions of this ARTICLE
under any period of leave with pay. Employees shall not accrue vacation while on Short -
Term Disability or Long -Term Disability.
28.6 Full-time employees with an average of forty (40) hours shall receive annual vacation with
pay in accordance with the following provisions:
28.6.1 For the first four (4) years of continuous, full-time service, such employees shall
accrue paid vacation at the rate of four (4) hours for each complete biweekly pay
�s]
period plus two (2) hours for paid vacation at the close of the final complete
biweekly pay period of each fiscal year (one hundred six (106) hours per year).
28.6.2 Upon completion of four (4) 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 (one hundred thirty (130) hours per year).
28.6.3 Upon completion of eight (8) years of continuous, full-time service, such
employees shall accrue paid vacation at the rate of six (6) hours for each complete
biweekly pay period (one hundred fifty-six (156) hours per year).
28.6.4 Upon completion of fourteen (14) 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 (one hundred eighty-two (182) hours per year).
28.6.5 Upon completion of nineteen (19) years of continuous, full-time service, such
employees shall accrue paid vacation at the rate of eight (8) hours for each
complete biweekly pay period (two hundred eight (208) hours per year).
28.6.6 Upon completion of twenty-four (24) years of continuous, full-time service, such
employees shall accrue paid vacation at the rate of nine (9) hours for each
complete biweekly pay period (two hundred thirty-four (234) hours per year).
28.7 Maximum vacation accumulations for full-time employees with an average regular work
week of forty (40) hours shall be as follows:
28.7.1 For employees accruing vacation at the rate of one hundred six (106) hours for
every twenty-six (26) complete biweekly pay periods, the maximum amount of
vacation that may be accumulated shall be two hundred twelve (212) hours.
28.7.2 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.
28.7.3 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.
28.7.4 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.
28.7.5 For employees accruing vacation at the rate of two hundred eight (208) hours for
every twenty-six (26) complete biweekly pay periods, the maximum amount of
vacation that may be accumulated shall be four hundred sixteen (416) hours.
28.7.6 For employees accruing vacation at the rate of two hundred thirty-four (234) hours
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every twenty-six (26) complete biweekly pay periods, the maximum amount of
vacation that may be accumulated shall be four hundred sixty-eight (468) hours.
28.8 Exempt Employees:
28.8.1 The minimum amount of vacation that may be taken at any given time shall be
one (1) day.
28.8.2 Employees shall have the number of hours of their regular workday deducted
from their accrued vacation time for each day of vacation taken.
28.9 Non -Exempt Employees:
28.9.1 The minimum amount of vacation that may be taken at any given time shall be
one-half (1/2) hour. Each non-exempt employee shall have one-half (1/2) hour
deducted from the employee's accrued vacation time for each one-half (1/2) hour
of vacation taken.
28.9.2 Non-exempt employees shall have the number of hours or their regular workday
deducted from the employee's accrued vacation time for each one-half (1/2) hour
or workday of vacation taken.
28.10 Upon termination, an employee shall be compensated through payroll at their current
base rate of pay for any vacation accrued but not taken. Upon termination, the employee
shall be compensated for the full accrual for the final pay period.
28.11 Upon retirement or layoff, in lieu of compensation, the employee may elect to defer the
full accrual into the 457 deferred compensation plan, subject to the annual maximum
amount limitation. If the full accrual exceeds the annual maximum amount, then any
remaining balance shall be compensated through payroll.
28.12 Employees shall have the ability to be compensated for accrued vacation hours at any
time throughout the year, subject to the following provisions:
28.12.1 A minimum of forty (40) hours of vacation must have been used during the
previous twelve (12) months.
28.12.2 The employee's Department Head must approve the employee's request for the
vacation pay-off.
28.12.3 The employee's vacation balance cannot drop below forty (40) hours as a result
of the request.
28.13 The Human Resources Director may recommend, and the City Manager may approve, a
one-time crediting of the vacation time bank for new hires or newly promoted employees
for use upon completion of six (6) months in the position.
28.14 Part -Time employees shall accrue leave in accordance with ARTICLE 41 - PART-TIME
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EMPLOYEES.
Article 29 - Sick Leave
29.1 Full-time employees shall accrue annual sick leave with pay in accordance with the
following provisions:
29.1.1 Full-time employees with an average regular work week of forty (40) hours shall
accrue paid sick leave at the rate of three (3) hours for each complete biweekly
pay period.
29.1.2 Paid sick leave shall continue to accrue in accordance with ARTICLE 29 during
any period of leave with pay.
29.1.3 Employees shall not accrue sick leave while on Short -Term Disability or Long -
Term Disability.
29.1.4 An employee requesting sick leave for an absence from work as a result of any
injury or disease, which is compensable under the State of California Labor Code,
after eligibility for Industrial Accident Leave has ended, shall receive maximum
compensation from the City in an amount equal to the difference between
temporary disability payments mandated by the State of California Labor Code
and the employee's regular hourly rate of pay.
29.2 The number of hours of an employee's regular work day shall be deducted from their
accrued sick leave time for each regularly scheduled working day that the employee is
on paid sick leave.
29.3 Exempt employees shall take sick leave in full day increments except only in cases where
Family Medical Leave situations exist.
29.3.1 An employee may, at their option, elect to use vacation time to bridge the period
after sick leave is exhausted and prior to Short -Term Disability commencing.
29.4 Non-exempt employees shall have one-half (1/2) hour deducted from accrued sick leave
time for each one-half (1/2) hour of sick leave taken.
29.4.1 In the event that an employee becomes ill during working hours and is placed on
paid sick leave prior to the close of the work day, such paid sick leave shall be
calculated to the nearest one-half (1/2) hour
29.5 Sick leave that is accrued, but not taken, shall be accumulated.
29.5.1 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 sick leave hours
accumulated beyond one hundred seventy-five (175) hours in each calendar year.
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29.5.1.1 Payment shall be made in January of each year, or upon the employee's
termination of employment for any reason.
29.5.1.2 A maximum of one hundred seventy-five (175) hours shall carry over
from year to year.
29.5.2 The City shall pay to a regular, full-time employee, upon the employee's
termination of employment due to retirement or layoff in accordance with
ARTICLE 22 — LAYOFF, REASSIGNMENT, AND REEMPLOYMENT, all hours
accumulated up to the maximum of one hundred seventy-five (175) hours that
may be carried over from year to year.
29.5.3 Upon retirement or layoff, in lieu of compensation, the employee may elect to
defer the entire accrual into the 457 deferred compensation plan, subject to the
annual maximum amount limitation, or convert up to one hundred seventy-five
(175) hours to CalPERS service credit.
29.5.3.1 If the entire accrual shall exceed the annual maximum amount, then
any balance would be paid to the employee.
29.5.4 If an employee dies while employed, the City shall pay to their beneficiary, as
designated by the CalPERS records, the cash equivalent (paid at base salary rate)
of all hours accumulated up to the maximum of one hundred seventy-five (175)
hours.
29.6 In the event that any paid holiday occurs during a period when an 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.
29.7 An employee eligible for paid sick leave shall be granted such leave for the following
reasons:
29.7.1 Illness of the employee or physical incapacity of the employee due to illness or
injury.
29.7.2 Enforced quarantine of the employee in accordance with community health
regulations.
29.7.3 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 accordance with the best interests
of the City and the employee's department or division.
29.7.4 Temporary disabilities caused by pregnancy and childbirth.
29.7.5 To attend to the illness of the employee's family member. "Family member" means
a child (biological, adopted, foster, stepchild, a legal ward, child of a registered
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domestic partner, or a child to whom the employee stands in loco parentis), parent
(biological, adopted, foster, stepparent, or legal guardian of an employee or the
employee's spouse or registered domestic partner, or a person who stood in loco
parentis when the employee was a minor child), spouse, registered domestic
partner, grandparent, grandchild, or sibling of the employee regardless of
residence. As used in this ARTICLE, registered domestic partner means that a
Declaration of Domestic Partnership has been filed with the California Secretary of
State.
29.8 An employee who cannot perform their assigned duties due to illness or physical
incapacity shall inform their immediate supervisor of the fact as soon as possible. Failure
to do so within a reasonable time may be cause for denial of sick leave with pay.
29.9 Unless prohibited by law, in the event that an employee is absent in excess of three (3)
or more consecutive working days, the employee's Department Head, or designee, may
require that the employee submit a written statement by a physician licensed by the
State of California certifying that the employee's condition prevented the employee from
performing the duties of their position. Failure on the part of the employee to comply
with such a requirement may be considered cause for disciplinary action.
29.10 Short -Term Disability
29.10.1 Total disability means an employee's complete inability to engage in their
regular occupation. An employee who has completed six (6) months as a
regular, full-time employee and is continuously and totally disabled for more
than one (1) calendar month, shall receive a Short -Term Disability benefit of
net sixty percent (60%) of the employee's base rate of pay, after withholding
taxes, and less deductible benefits.
29.10.1.1 Such disability benefit shall continue during total disability up to a
maximum of six (6) months, including the thirty (30) day elimination
period, from date of disability.
29.10.1.2 Payment of Short -Term Disability benefits is contingent upon the
continuation of on -going medical treatment.
29.10.1.3 Short -Term Disability benefits shall continue beyond sixty (60) days
of absence only upon submission of a "Report of Physical
Examination" by the treating physician or medical practitioner,
including certification of continuing disability and expected return
date.
29.10.1.4 Deductible benefits include salary or other compensation paid by 1)
any employer; 2) Workers' 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; and 3) a pension plan toward which the City contributed.
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29.10.2 Payment of employee premiums shall be waived for any ANAHEIM sponsored
medical, dental, and life insurance benefit plans during any biweekly pay period
during which Short -Term Disability benefits are paid.
29.10.2.1 Benefits are not payable unless the employee is regularly seen and
treated by a licensed physician or medical practitioner who certifies
the continuing disability.
29.11 Long -Term Disability
29.11.1 An employee who is continuously
months shall receive Long -Term
provisions of this ARTICLE.
and totally disabled for more than six (6)
Disability benefits in accordance with the
29.11.2 If two (2) or more periods of total disability occur during a specific six (6) month
elimination period for the insured Long -Term Disability plan, all such periods
shall be considered as one (1) period of continuous total disability under the
following conditions:
29.11.2.1 All periods of total disability must be due to the same cause or
causes;
29.11.2.2 All recurring periods of total disability that qualify as one (1) period
of continuous total disability for the insured Long -Term Disability
plan, shall qualify as one (1) period of continuous total disability
for the ANAHEIM Disability Plan and shall not require a new one
(1) month waiting period before ANAHEIM disability benefits will
be paid; and
29.11.2.3 Commencement of the benefit period for the insured Long -Term
Disability plan shall automatically terminate benefits from the
ANAHEIM Disability Plan.
29.12 Part -Time Employees shall be provided sick leave in accordance with ARTICLE 41 -
PART-TIME EMPLOYEES.
Article 30 - Industrial Accident Leave
30.1 In the event that any full-time employee is absent from work as a result of any injury or
disease which is found to be compensable under the State of California Labor Code, such
absence shall be considered Industrial Accident Leave.
30.2 Industrial Accident Leave shall begin on the first (1st) day of such absence as defined in
this ARTICLE.
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30.2.1 Industrial Accident Leave shall continue during all absences due to a single injury,
but not to exceed one (1) year of accumulated absence.
30.2.2 Industrial Accident Leave benefits provided by this ARTICLE shall apply to each
injury or disease as defined in this ARTICLE.
30.2.3 The effective date of a permanent disability rating as awarded by the Workers'
Compensation Appeals Board ends eligibility for Industrial Accident Leave for that
particular injury or disease.
30.2.4 A written statement from the treating physician that the employee's condition is
"Permanent and Stationary" or separation from City service ends eligibility for
Industrial Accident Leave for that particular injury or disease.
30.2.5 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.
30.3 Any full-time employee on Industrial Accident Leave shall receive compensation from the
City in an amount equal to the difference between temporary disability payments
mandated by the State of California Labor Code and the employee's regular pay.
30.4 In the event that an employee who has received or is receiving Industrial Accident Leave
benefits files a civil action in state or federal court against a third parry for allegedly
causing or contributing to the cause of the employee's injury which resulted in the
employee's absence from work, the employee is required to inform the Risk Management
Division of such filing.
30.5 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 28 — VACATION and ARTICLE 29 —
SICK LEAVE.
Article 31 - Bereavement Leave
31.1 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 three (3) work days
within three (3) months of the death of an immediate family member as defined in
ARTICLE 31.1.1.
31.1.1 "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 or registered domestic partner, child, step child,
grandchild, grandparent, sibling, step sibling, parent -in-law, daughter-in-law, or
son-in-law of the employee or the employee's spouse or registered domestic
partner.
0
31.1.2 For purposes of this ARTICLE, "Registered Domestic Partner" means that a
Declaration of Domestic Partnership has been filed with the California Secretary of
State.
31.2 In addition to paid bereavement leave as provided for in ARTICLE 31.1, employees may
use unused sick or vacation hours up to five (5) additional working days for bereavement
purposes. Such leave must be taken within three (3) months of the death of an immediate
family member as defined in ARTICLE 31.1.1. If an employee has no sick or vacation on
the books, the employee may utilize leave without pay for these additional five (5) days.
31.3 An employee may extend the time period for using the bereavement leave as provided in
this ARTICLE to six (6) months following the death of an immediate family member by
notifying the employee's supervisor within the first three (3) months following the family
member's death.
Article 32 - Military Leave
32.1 This ARTICLE prescribes City policy relating to military leave and compensation in
accordance with the provisions of the Military and Veterans Code of the State of California
§389-999.5, the Uniformed Services Employment and Reemployment Rights Act of 1994
(USERRA), 38 U.S.C. §4301-4335, and with all federal provisions (Public Law §93-508).
32.2 An employee requesting leave under this provision shall provide their Department Head
and the Human Resources Department with a copy of the military orders specifying the
date(s), site, and purpose of the activity or mission.
32.3 Within the limits of such orders, the Department Head may determine when the leave is
to be taken and may modify the employee's work schedule to accommodate the request
for leave.
32.4 An employee who is on active duty and has been employed for at least one (1) year will
receive the employee's salary for the first thirty (30) calendar days of military duty.
32.5 An employee who is a member of the California National Guard will receive the employee's
salary for the first thirty (30) calendar days of active service regardless of length of service
with the City.
32.6 An employee who is on temporary military duty and has been employed for at least one
(1) year or at least one (1) year of combined military/employment service will receive the
employee's salary for the first thirty (30) calendar days of duty.
32.7 Pay shall not exceed thirty (30) calendar days in any fiscal year.
32.8 During any term of deployment, employees shall be considered to be on leave without
pay status (LWOP) and shall accrue no paid leaves.
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Article 33 -7ury Duty An urt AQpearances
33.1 In the event any full-time employee in the classified service is duly summoned to any
court for the purpose of performing jury duty, the employee shall receive their regular
compensation for any regularly scheduled working hours spent in actual performance of
such service.
33.2 Whenever an employee is duly summoned to appear as a witness for court or any other
legal or administrative proceeding (e.g., deposition, arbitration) on matters arising out of
the employee's course and scope of work, the employee shall receive regular
compensation for any regularly scheduled working hours spent in actual performance of
such service. An employee shall not receive regular compensation where the employee
is a litigant or a defendant in a criminal or civil case, or any other action, brought about
as a result of their own action.
33.2.1 Employees receiving witness fees shall remit such fees to the Finance Department
in order to be considered at work for payroll purposes during time spent as such
witnesses.
33.3 In the event any Part -Time employee is summoned to any court for the purpose of
performing jury duty, the employee is released from the employee's regularly scheduled
working hours and shall not be compensated for such service.
Article 34 - Leave Without Pay
34.1 Any full-time employee who is absent from work and who is not on leave with pay shall
be considered to be on leave without pay. An employee on leave without pay shall receive
no compensation.
34.2 An employee on leave without pay for over forty (40) consecutive hours in a pay period
shall not accumulate vacation or sick leave while on such leave.
34.3 Non -Medical Leave Without Pay
34.3.1 An employee who has a need to be absent from work and who is not eligible for
leave with pay may request to be placed on leave without pay. Under no
circumstances shall such leave exceed six (6) months.
34.3.2 Leave without pay for a period not to exceed forty (40) working hours may be
granted by the employee's Department Head, or designee.
34.3.3 Leave without pay in excess of forty (40) hours shall require the approval of the
employee's Department Head.
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34.3.4 An employee on non -medical leave without pay in excess of two (2) complete bi-
weekly pay periods shall be responsible for the employee's full cost of all benefits
the employee is receiving/enrolled.
34.4 Medical Leave Without Pay
34.4.1 In the event that leave without pay is granted to an employee for reasons of illness
or physical incapacity due to illness or injury, the City shall continue to pay for any
hospitalization and major medical insurance previously paid for by the City, for a
maximum of six (6) complete months.
34.4.2 The City shall waive the payment of employee premiums for any City sponsored
medical, dental, and life insurance benefit plans for a maximum of six (6) months.
34.4.3 An employee may be granted leave without pay not to exceed six (6) months. An
extension of leave without pay beyond six (6) months is permitted only when leave
without pay is granted to an employee for reasons of illness or physical incapacity
and a determination has been made by the Human Resources Director that return
to work is likely or that continuation of leave without pay is a reasonable
accommodation of an employee's disability.
34.5 An employee returning to work from leave without pay shall be placed in the same salary
range/hourly rate the employee was in prior to such leave.
34.5.1 If such leave was in excess of two (2) complete biweekly pay periods, the
employee's anniversary date for purposes of merit pay increases shall be changed
to conform with the provisions of ARTICLE 16 — SALARY ADMINISTRATION
provided that the employee returns to a position in the same job class.
34.5.2 If the employee returns to a position in a lower job class, the employee's salary
step/range status shall be determined in accordance with the provisions of
ARTICLE 24 — VOLUNTARY DEMOTION.
Article 35 - Administrative Leave
35.1 Effective each January 1st, full-time employees shall receive sixteen (16) hours of
administrative leave. Effective January 1, 2024, and each January 1st thereafter, full-time
employees shall receive twenty-four (24) hours of administrative leave.
35.1.1 Full-time employees who begin employment in an AFSCME represented
classification after January 1st but on or before June 30t" of each calendar year
shall receive sixteen (16) hours of administrative leave for that calendar year and
twenty-four (24) hours of administrative leave each January 11t thereafter. Full-
time employees who begin employment in an AFSCME represented classification
on July 11t through December 315t shall receive eight (8) hours of administrative
leave for that calendar year and twenty-four (24) hours of administrative leave
each January 1st thereafter.
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35.2 Administrative leave has no monetary value, cannot be cashed -out and must be used by
the end of the calendar year.
35.3 Administrative leave shall be scheduled and taken in accordance with the best interests
of the City and the department or division in which the employee is employed.
35.4 Employees will be eligible to use administrative leave hours upon completion of six (6)
months of service with the City.
35.5 Use of administrative leave does not count towards usage criteria for the cash out of
vacation hours pursuant to ARTICLE 28 — VACATION.
SE TI N V: BENEFITS
Article 36 - Insurance and Pensions
36.1 General Provisions
36.1.1 The City Council shall set plan rates and employee contributions for City health
and wellness plans annually.
36.1.2 The master contract between the City and plan administrator shall govern in the
event any disputes arise over any matter within a provision of the contract.
36.1.3 Proof of eligibility will be required of all employees enrolled in any City insurance
plan to enroll a dependent.
36.2 Health Insurance
36.2.1 For full-time employees:
36.2.1.1 The City shall offer prepaid and/or insured health plans recommended by
the Anaheim Health Council and approved by the City Council.
36.2.1.2 Employees become eligible for coverage on the first (1st) day of the
month following one (1) complete calendar month after hire date. Part-
time employees shall be eligible as defined in ARTICLE 41 - PART-TIME
EMPLOYEES.
36.2.1.3 All eligible employees must enroll in a medical and dental plan offered by
the City or show acceptable proof of alternate coverage. Any employee
who fails to elect medical and dental plan coverage by the end of the
enrollment period will be automatically enrolled by ANAHEIM in the
single party coverage plan for medical and dental with the lowest monthly
ANAHEIM contribution.
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36.2.1.4 The employee shall contribute the difference between the City
contribution and the total premium costs.
36.2.1.5 Proof of marriage or Declaration of Domestic Partnership shall be
required to enroll an employee spouse or domestic partner in the
employee's selected medical plan.
36.2.1.6 Employees who are covered by another health plan, including the
dependent spouse of married City employee couples, shall present proof
of such coverage in order to opt -out of City coverage and receive one
hundred twenty-five dollars ($125) per month in lieu of City provided
health benefits. In the event an employee who has elected this option
loses health coverage for any reason and notifies the City of such loss
within thirty (30) calendar days, the employee may enroll in any City plan
upon proof of loss of health coverage. Health coverage will be effective
the first (1st) day of the following month. An employee may re-elect the
opt -out option annually during open enrollment or may enroll in a City
plan.
36.2.1.7 For all medical plans, married City employee couples shall be allowed
only one (1) medical plan and only one (1) dental plan to cover all family
members. Married City employee couples covered under the same two
(2) party or family plan while both spouses are employed by the City may
elect the opt -out option for the dependent employee.
36.2.1.8 ANAHEIM shall increase its contribution to the premiums for the various
health plans each January. This contribution shall be based on the
Consumer Price Index, All Items Index — Urban Wage Earners and Clerical
Employees (CPI-W), for the areas identified as Los Angeles — Riverside —
Orange County. The increase in ANAHEIM's contribution shall be equal
to the percent change for the year ending May of the prior calendar year
plus seventy-five percent (75%) of any amount above the CPI-W. (For
example, the City's increase in contribution for calendar year 2021 shall
equal the percent change in the CPI-W for the year ending May 2020,
plus seventy-five percent (75%) of the amount of the health premium
increase that exceeds the percent change in the CPI-W for the year
ending May 2020).
36.3 Dental Insurance
36.3.1 The City shall sponsor prepaid and/or insured dental plans recommended by the
Anaheim Health Council and approved by the City Council for all full-time
employees.
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36.3.2 The City's contribution towards the cost of Dental plans shall be set annually by
the City Council. Employees shall be required to contribute one hundred percent
(100%) of any excess amount over the contribution set by the City Council.
36.3.3 Employees become eligible for dental coverage on the first (1st) day of the month
following one (1) complete calendar month after hire date.
36.4 Life Insurance
36.4.1 Basic Life Group Term Life Insurance for Basic, Dependent, and Supplemental Life
Insurance Coverage:
36.4.1.1 The City shall make available group term life insurance for basic life,
dependent life, and supplemental life insurance coverage for full-time
employees.
36.4.1.2 The City's dollar contribution to the program and benefits of such
program are specified in the Life Insurance Plan agreed upon by the City
and the City's insurance provider.
36.4.2 Voluntary Accidental Death and Dismemberment Insurance:
36.4.2.1 The City shall make available voluntary accidental death and
dismemberment insurance coverage for full-time employees.
36.4.2.2 The City's dollar contribution to the program and benefits of such
program are specified in the Life Insurance Plan agreed upon by the City
and the City's insurance provider.
36.4.3 Paid -Up Life Insurance
36.4.3.1 Any full-time employee who retires shall receive a Paid -up Life Insurance
Policy, paid for wholly by the City, with a face value of one hundred
dollars ($100.00) for each complete continuous year of service and fifty
dollars ($50.00) for more than six (6) months, but less than a complete
year of service up to a maximum of two thousand dollars ($2,000).
36.4.4 Permanent and Total Disability Life Insurance
36.4.4.1 Full-time employees who are permanently and totally disabled shall
receive a waiver of premium for life insurance coverage elected prior to
the disability.
36.4.4.2 Waiver of premiums and continuation of coverage will continue as
specified in the Life Insurance Plan agreed upon by the City and the City's
insurance provider.
36.5 Pension and Deferred Compensation
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36.5.1 California Public Employee's Retirement System (CalPERS): For the purpose of this
ARTICLE, employees who are not considered "New Members" within the meaning
of the Public Employees' Pension Reform Act (hereinafter, " PEPRA'� are referred
to as "Classic" members; and those employees who are considered "New
Members" within the meaning of PEPRA are considered "PEPRA" members.
36.5.1.1 Full-time employees immediately become members of CalPERS in
accordance with the contract between the City and CalPERS and subject
to the California Public Employees' Retirement Law (hereinafter, "PERL'D.
36.5.1.2 Part-time employees working an average of thirty (30) hours per week
on an ongoing basis or who work more than one thousand (1,000) hours
in any given fiscal year or those otherwise required to be enrolled in
CalPERS shall be enrolled in CalPERS in accordance with the contract
between the City and CalPERS and subject to PERL.
36.5.1.3 Employees who are "Classic" CalPERS members shall contribute the total
eight percent (8%) required member contribution rate for retirement
benefits and shall be enrolled in the Public Employees' Retirement defined
benefit plan of 2.7% at 55.
36.5.1.3.1 A portion of the employer rate shall be paid by the
employee, as provided by the various resolutions
recommended by the Human Resource Director and
approved by City Council. The employee contribution to
the employer contribution rate shall be four percent
(4%).
36.5.1.4 Employees who are PEPRA members shall contribute the required
amount determined by CalPERS to be fifty percent (50%) of the normal
cost of the plan and shall be enrolled in the Public Employees' Retirement
defined benefit plan of 2% at 62.
36.5 2 Employees in classifications represented by AFSCME may voluntarily participate in
deferred compensation programs offered by ANAHEIM.
36.6 Retirement Health Savings Plan
36.6.1 The City established the Retirement Health Savings plan to provide for
reimbursement of eligible medical expenses as defined by the Retirement Health
Savings plan document.
36.6.2 Full-time employees shall be enrolled in the City's Retirement Health Savings plan.
36.6.2.1 Effective July 7, 2023, the City shall contribute an additional one percent
(1%) for a total of three percent (3%) of the employee's base salary, to
the applicable individual member account. Except, however, employees
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who have separated from City employment before September 29, 2023
shall not be eligible for the increased one percent (1%) contribution.
36.6.2.2 The employee shall contribute one percent (1%) of their gross pay to the
employee's individual member account.
36.6.3 There are no vesting requirements for contributions made to an employee's
individual member account.
Article 37 - Post Retirement Medical Benefits
37.1 Benefit Requirements
37.1.1 Regular, full-time employees covered by this MOU who are enrolled as a subscriber
in a City -sponsored health plan at the time of separation from City service shall be
eligible to participate in any City sponsored health plan (medical and dental) as a
retiree subject to the following terms and conditions:
37.1.1.1 The employee must be credited with at least five (5) years of
continuous, full-time City service on the date of retirement, and
37.1.1.2 The employee must have been awarded a service retirement from
CalPERS as the reason for separation from City service, and
37.1.1.3 CalPERS retirement benefits must commence no later than the first
(1st) day of the month following the date of separation from City
service, or
37.1.1.4 The employee must have been awarded a disability retirement from
CalPERS as the reason for separation from City service.
37.2 Contributions
37.2.1 For all regular, full-time employees hired prior to January 1, 1996 who meet the
requirements for participation in any City sponsored health plan as a retiree, the
City shall provide separate contributions towards the premium costs of the City
sponsored medical and/or dental plans elected by the employee according to the
following schedule:
37.2.1.1 For service retirements, the contributions shall be a percentage of the
annual contributions made by the City on behalf of active employees,
the percentage equal to one and one-half (1 1/2) times the
miscellaneous two percent at sixty (2% @ 60) PIERS retirement
schedule to a maximum contribution of ninety-five percent (95%)
based on the employee's age at retirement and City service accrued
through December 31, 2005. City service shall be calculated to the
nearest complete one -quarter (1/4) year.
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37.2.1.2 For Disability Retirements, the contribution shall be a percentage of the
annual contributions made by the City on behalf of active employees,
the percentage equal to two percent (2%) for each year of service to
a maximum contribution of ninety-five percent (95%) based on the
employees consecutive years of City service accrued through December
31, 2005. City service shall be calculated to the nearest complete one
quarter (1/4) year.
37.2.1.3 In the event an employee is eligible for both a Service and a Disability
Retirement benefit under this ARTICLE, the employee shall receive the
Service Retirement benefit.
37.2.1.4 The City contribution shall be based on the Two -Party or Family rate
only for those employees who properly enroll a dependent spouse or
registered domestic partner and/or other family members prior to
retirement and shall continue only as long as the retiree maintains
coverage for such dependents in City sponsored health plans. Nothing
in this ARTICLE shall prevent a retiree from properly enrolling new
dependents at the retiree's cost.
37.3 Health Plans
37.3.1 The following conditions shall apply to all retirees who are participating in City
sponsored health plans:
37.3.1.1 Retirees shall be required to
establishing eligibility. Failure
cancellation of coverage.
enroll in Medicare Parts A and B upon
to enroll when eligible will result in
37.3.1.2 The full value of any Medicare credits provided to the City or Medicare
surcharges imposed on the City by virtue of a retiree's participation or
non -participation in Medicare shall be passed on to the retiree in the
form of reduced or increased premium costs.
37.3.1.3 The surviving spouse or registered domestic partner of the retiree may
continue coverage under the same terms and conditions provided that
the surviving spouse or registered domestic partner was properly
enrolled at the time of the employee's retirement and that dependent
coverage was continuously maintained during the employee's
retirement.
37.3.1.4 Once cancelled for any reason, coverage shall not be reinstated.
37.3.1.5 Coverage shall be cancelled for non-payment of fees after three (3)
months in arrears.
37.3.1.6 There shall be "Coordination of Benefits" where other insurance exists.
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37.3.1.7 Retirees may change plans and add dependents only during an open
enrollment period, except that the surviving spouse or registered
domestic partner of a retiree may not enroll a new spouse or registered
domestic partner.
Article 38 - Miscellaneous Benefits and Services Awards
38.1 Service awards shall be presented to full-time employees for the following years of service:
38.1.1 Five (5)
38.1.2 Ten (10)
38.1.3 Fifteen (15)
38.1.4 Twenty (20)
38.1.5 Twenty-five (25)
38.1.6 Thirty (30)
38.1.7 Thirty-five (35)
38.1.8 Forty (40)
38.2 Such service awards shall also be presented to any full-time employee upon retirement.
38.3 For purposes of this ARTICLE, the term "years of service," shall be defined as continuous,
full-time service.
Article 39 - Payroll Deductions
39.1 Deductions of authorized amounts may be made from employees' pay for the following
purposes:
39.1.1 Tax withholding;
39.1.2 Contributions to retirement benefits, including retiree health savings;
39.1.3 Contribution to survivors' benefits;
39.1.4 Payment of life insurance and accidental death and dismemberment insurance
premium;
39.1.5 Payment of non -industrial disability insurance premium;
39.1.6 Payment of hospitalization and major medical insurance premium;
39.1.7 Contributions to the City Employees Annual Charities Fund Drive;
39.1.8 Payment of membership dues to the American Federation of State, County,
and Municipal Employees, Local 2002;
39.1.9 Voluntary deduction for UNION Political Action Committee;
39.1.10 Payment of Personal Computer Purchase Program Loan;
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39.1.11 Payment of Tuition Assistance;
39.1.12 Payment of Deferred Compensation Loans; and
39.1.13 Other purposes as may be authorized by the City Council.
39.2 All employees must make and maintain arrangements for the direct deposit of paychecks
into the financial institution of their choice via electronic fund transfer.
Article_40 - Joint Committee On Medical Proura�
40.1 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 plan design and 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.
40.2 Serving on the committee with the Human Resources Department staff and operating
department management staff will be two (2) members from the AFSCME Confidential
Unit.
40.3 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, plan design, and cost
containment provisions. The report shall be forwarded to the City Manager for review.
40.4 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.
SECTION VI: MISCELLANEOUS PR VI IONS
Article 41 - Part -Time Employees
41.1 Categories:
41.1.1 Part -Time Non-CalPERS members — Employees hired to work an average of less
than twenty (20) hours per week on an ongoing basis (maximum of one thousand
(1,000) hours pursuant to the Public Employees' Retirement Law (PERL) for
exclusion from California Public Employees' Retirement System (CalPERS)
membership in a fiscal year) or working in a position excluded from CalPERS
membership by law or contract exclusion.
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41.1.2 Part -Time CalPERS members — Employees hired with prior CalPERS membership;
who have met CaIPERS membership eligibility (worked one thousand (1000) hours
in a fiscal year) per Government Code Section 20305(a)(3)(B) of the Public
Employee's Retirement Law (PERL); or otherwise are determined to be eligible per
the PERL.
41.2 Premium Pay:
41.2.1 Part -Time employees who perform authorized work in excess of forty (40) hours
during the employee's regular work week and is otherwise eligible for overtime
shall be compensated for such work at the rate of one and one-half (1 1/2) times
the employee's regular hourly rate of pay for that work week.
41.2.1.1 All overtime must be authorized by the appropriate manager, or
designee.
41.2.1.2 Overtime of less than one-half (1/2) hour duration shall be calculated as
one-half (1/2) hour. Overtime of one-half (1/2) hour or more shall be
calculated to the nearest one -quarter (1/4) hour of time worked.
41.2.1.3 Notwithstanding the above overtime provisions, there shall be no
overtime pay for the time spent outside scheduled work hours, in
attending meetings of any kind which are for the purposes of education
or training, unless required by ANAHEIM to attend such training or
meeting.
41.2.2 Temporary upgrading shall be paid in accordance with ARTICLE 18 — PREMIUM
PAY.
41.2.3 Bilingual pay:
41.2.3.1 Employees required to speak Spanish or other languages (including
sign language), as well as English as part of the regular duties of their
position will be compensated at the rate of seventy cents ($.70) per
hour to be included in the regular hourly rate of pay.
41.2.3.2 Employees required to speak in Spanish or other languages, as well as
English, as part of the regular duties of their position will be
compensated at the rate of ninety cents ($.90) per hour to be included
in the regular hourly rate of pay if the employee can also read and/or
write in Spanish or other languages, as well as English.
41.2.3.3 Any employee receiving compensation under this ARTICLE 41.2.3.2
shall not concurrently receive compensation under ARTICLE 41.2.3.1.
41.2.3.4 Employees who are assigned to test other employees for bilingual
certification, as part of the regular duties of their position, will be
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compensated at the rate of one dollar and twenty cents ($1.20) per
hour to be included in the regular hourly rate of pay.
41.3 Health and Welfare:
41.3.1 Deferred Compensation Plan for employees not covered by CalPERS
41.3.1.1 Part-time employees not eligible to enroll in CalPERS are mandatorily
enrolled in the City's deferred compensation plan in accordance with the
Deferred Compensation Plan document.
41.3.1.2 Employees mandatorily enrolled in the plan shall contribute seven and
one-half percent (7 1/2%) of their gross pay.
41.3.2 An employee who is hired to work an average of thirty (30) hours per week on an
ongoing basis shall be classified as "Thirty (30) Hour Employees." Thirty (30) Hour
Employees shall be provided medical insurance on the first day of the month
following one (1) complete calendar month after becoming eligible, for as long as
they maintain eligibility under the Affordable Care Act ("ACA') requirements so
long as they remain employed and available to work thirty (30) hours per week.
Thirty (30) Hour Employees may enroll in a Part-time plan or choose to enroll in
any of the medical plans offered to full-time employees. The City's maximum
contribution towards Thirty (30) Hour Employees' purchase of a medical plan shall
be as set forth in ARTICLE 41.3.4.
41.3.3 The parties agree that the City's compliance with affordability requirements shall
be measured by the City's offering of a plan designated as the HMO 1 medical
insurance plan. The HMO 1 Plan is designated for Part-time employees in this unit
who are eligible for medical insurance under the ACA.
41.3.4 ANAHEIM's maximum contribution towards an employee's purchase of medical
insurance HMO Plans (employee only) shall be the flat dollar amount equivalent
to seventy-five percent (75%) of the single -party premium of the plan designated
by the City as HMO 2 Plan, but in no event less than the amount required to meet
the affordability standard for coverage required under the ACA for the plan
designated as the HMO 1 Plan.
41.3.4.1 Nothing in ARTICLES 41.3.2 to 41.3.4 shall require the City to make
higher contributions to premiums for non -HMO 1 Plan medical plans
selected by Part-time employees.
41.3.5 At the sole discretion of the City, the PARTIES agree to reopen this ARTICLE 41.3
("Health and Welfare') as a result of any changes to the Patient Protection and
Affordable Care Act.
41.4 Vacation Benefit:
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41.4.1 Employees working in part-time classifications listed in Appendix B who work
eleven hundred (1,100) or more hours in any calendar year shall be paid three
(3%) of the employee's gross earnings, excluding vacation payout from the
preceding calendar year, as vacation benefits upon separation or during the third
(31d) pay period of the next calendar year. The calendar year shall be defined as
the period for which wages earned are reported for tax purposes.
41.5 Employee Availability and Leaves:
41.5.1 Employees hired to work an average of twenty (20) hours per week on an ongoing
basis shall be required to maintain an availability of twenty (20) hours per week.
Employees hired to work an average of thirty (30) hours per week on an ongoing
basis shall be required to maintain an availability of thirty (30) hours per week. An
employee who does not maintain their required availability, does not report to
work as scheduled, or who is otherwise absent without leave shall be subject to
discipline up to and including dismissal from their position with ANAHEIM.
41.5.2 Part-time employees shall be provided unpaid leave of up to five (5) work days in
the event of a death in their immediate family. Such leave must be taken within
three (3) months of the death of an immediate family member as defined in
ARTICLE 31.1.1. An employee with available sick leave may use such accrued
leave to cover all or a portion of the bereavement leave. A Part-time employee
may extend the time period for using the bereavement leave as provided in this
ARTICLE to six (6) months following the death of an immediate family member by
notifying the employee's supervisor within the first three (3) months following the
family member's death.
41.5.3 Part-time employees in classifications listed in Appendix B of this MOU who have
been continuously employed for a period of at least one (1) full year may be eligible
for an unpaid leave of absence of up to sixty (60) calendar days. Such leaves shall
be scheduled and taken in accordance with the best interests of ANAHEIM, and
shall require the prior written approval of the Department Head, or designee.
41.5.4 Leaves taken under the provisions of the federal Family Medical Leave Act and/or
the California Family Leave Act shall be concurrent with any leave entitlement an
employee may have under the provisions of this ARTICLE.
41.5.5 Thirty (30) Hour Part-time Employees shall be granted up to thirty (30) hours of
jury duty paid leave whenever duly summoned to any court for the purpose of
performing jury duty, provided the employee submits documentation from the
court for such duty performed. Any additional leave required for jury duty shall
be unpaid.
41.5.6 ANAHEIM shall provide part-time employees in classifications listed in Appendix B
of this MOU with sick leave benefits in accordance with applicable law, including
but not limited to California's Healthy Workplaces, Healthy Families Act of 2014
(Labor Code section 245, etseq.).
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41.5.6.1 Part-time employees shall earn one (1) hour of paid sick leave for every
thirty (30) hours worked, up to a total of twenty-four (24) hours in a
calendar year subject to the following provisions:
41.5.6.1.1 Part-time employees shall be allowed to use paid
sick leave on or after the ninetieth (901h) calendar
day of employment. Paid sick leave can only be used
on days when the employee is scheduled to work.
Paid sick leave cannot be used in the same pay
period it is earned. Any use of paid sick leave must
be for a minimum of two (2) hours.
41.5.6.1.2 Sick leave hours will be accrued in full hour
increments after completion of a full thirty (30)
hours of work. For example, if a part-time employee
works 45 hours in a pay period, the employee will
accrue one (1) hour of paid sick leave for the first
thirty (30) hours worked. The remaining fifteen (15)
hours will be counted the following pay period.
41.5.6.1.3 Part-time employees may carry over unused accrued
sick leave hours from one year to the next, up to a
cap of forty-eight (48) hours.
41.5.6.1.4 Part-time employees shall be allowed to use up to a
maximum of forty-eight (48) hours of accrued sick
leave in a calendar year. It is the responsibility of
such employees to adhere to all City and Department
policies and regulations regarding attendance and
sick leave.
41.5.6.1.5 Accrued paid sick leave hours will not be paid out
upon separation for any reason.
41.6 Part -Time Employees Service Credit:
41.6.1 Part-time employees covered by this MOU who promote to a full-time
classification covered by this MOU shall be credited with service time for
their hours worked as an AFSCME Part-time employee for purposes of
determining the following specific benefits and seniority. One year of
service credit will be calculated as 2,080 hours worked. For example, an
employee who has been employed by the City in an AFSCME Part-time
classification for eight (8) years and who worked 1,560 hours each year
for a total of 12,480 hours, upon promotion to a full-time AFSCME
classification, shall be credited with six (6) years of service credit for
purposes of benefits and seniority listed in the following sub -articles only:
41.6.1.1 Promotional eligibility lists under ARTICLE 19.3.2.1
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41.6.1.2 Layoffs, Reassignments, and Reemployment under
ARTICLE 22
41.6.1.3 Eligibility to take Vacation under ARTICLE 28.2
41.6.1.4 Vacation accrual under ARTICLE 28.6
41.6.1.5 Service awards and recognition under ARTICLE 38
41.6.1.6 Seniority associated with reinstatement following a
successful grievance procedure under ARTICLE 42.9
41.6.2 "Job classification represented by AFSCME" shall be defined as the
represented classifications at the time of the Part-time employee's
promotion to a full-time classification. The inaugural MOU between
AFSCME and ANAHEIM, adopted by City Council on December 21, 2021,
shall define job classifications represented by AFSCME for promotions that
occurred prior to AFSCME representation of Management and Confidential
employees.
41.6.3 Part-time employees in job classifications represented by AFSCME that
promoted to a full-time position in job classifications represented by
AFSCME on or before the first day of the pay period after City Council
adoption of this MOU shall receive service credit in accordance with
ARTICLE 41.6 if the employee submits a written request to the Employee
Relations Division of the Human Resources Department for such service
credit no later than December 31, 2023. The parties agree that any
requests received after December 31, 2023 shall not be considered and
any rights under this Section shall be waived except when an employee is
unavailable to submit the written request due to reasons caused by being
on state or federal protected leave. Under this specific exception, the
written request must be made within thirty (30) calendar days of the date
of the employee's return to work.
Article 42 - Grievance Pr c dur
42.1 The dispute resolution procedures set forth in this ARTICLE are intended for use by
ANAHEIM and AFSCME as the parties to this MOU. No grievance may be brought under
this ARTICLE unless specifically authorized in writing by AFSCME. Nothing herein is
intended to restrict or limit an employee from exercising any right under the law,
independent of this MOU.
42.2 Any alleged violation of the terms and conditions of this MOU, violation of the
Administrative Regulations, or any alleged violation of commonly accepted safety
practices and procedures brought forward by AFSCME shall be considered to be a matter
subject to review through the grievance procedure and settled in accordance with the
provisions of this ARTICLE. ANAHEIM and AFSCME may agree that any alleged violation
of the MOU that requires interpretation of the MOU language or a past practice shall
first be submitted to non -binding mediation, prior to any submission to arbitration. This
language is not intended to impede or delay the arbitration process.
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42.2.1 ARTICLE 21.5 — SALARY REDUCTION, SUSPENSION, DEMOTION, AND
DISMISSAL provides for an accelerated procedure under the provisions of this
ARTICLE when an employee is dismissed.
42.2.2 Disputes related to benefits and procedures provided for under the Workers'
Compensation Laws of California or which fall within the jurisdiction of the
Workers' Compensation Appeals Board are not subject to the grievance
procedure.
42.2.3 Employees' rights to representation in grievance matters under the provisions of
ARTICLE 12.6 — UNION ADMINISTRATION, shall be limited in the following
manner:
42.2.3.1 No supervisor shall be represented in grievance matters by an employee
whom the supervisor may supervise.
42.2.3.2 No employee shall be represented in grievance matters by a supervisor
for whom the employee is a subordinate.
42.2.4 Performance evaluations of an overall rating of "Valued Contributor" shall not be
subject to the grievance process nor through the administrative review procedure
set forth in ARTICLE 42.2.5.1.
42.2.5 In those instances where discipline is imposed other than suspension, demotion,
or dismissal, AFSCME may submit a written request for a review of the disciplinary
action through an administrative review procedure.
42.2.5.1 Administrative Review Procedure:
The written request must be submitted to the Human Resources
Department within fourteen (14) calendar days, excluding recognized
holidays as defined in ARTICLE 27 — HOLIDAYS, after receipt of notice by
the employee of the disciplinary action. The Department Head under
which the discipline was administered shall conduct an administrative
review within fourteen (14) calendar days, excluding recognized holidays
as defined in ARTICLE 27 — HOLIDAYS, of submission of the written
request.
The Department Head shall review the disciplinary action and may affirm,
reverse, or modify, as deemed appropriate, the disciplinary action. The
Department Head's determination shall be delivered in writing within
fourteen (14) calendar days, excluding recognized holidays as defined in
ARTICLE 27 — HOLIDAYS, after the administrative review. The Department
Head's determination shall be final and binding.
42.3 Any violation of this MOU as alleged by ANAHEIM or AFSCME shall be resolved between
authorized representatives of ANAHEIM and AFSCME. In the event that the parties cannot
53
resolve the dispute, the dispute shall, upon the request of either ANAHEIM or AFSCME,
be referred to an impartial arbitrator for a final and binding decision.
42.4 All expenses of any arbitration shall be borne equally by ANAHEIM and AFSCME. Each
party, however, will be responsible for its own cost of representation and related costs of
representation.
42.5 Employee grievances submitted by AFSCME to ANAHEIM shall be handled in the following
manner:
42.5.1 Step I. Step I grievances shall be submitted in writing to the Human Resources
Director within fourteen (14) calendar days, excluding recognized holidays as
defined in ARTICLE 27 — HOLIDAYS, after the occurrence of the incident involved
in the grievance, or within fourteen (14) calendar days, excluding recognized
holidays as defined in ARTICLE 27 — HOLIDAYS, of the date the employee should
have known of its occurrence through the exercise of reasonable care and
diligence. An attempt shall be made to adjust all grievances on an informal basis
between the employee, their AFSCME representative, and the Department Head,
within fourteen (14) calendar days, excluding recognized holidays as defined in
ARTICLE 27 — HOLIDAYS, after the occurrence of the incident involved in the
grievance. The Department Head shall deliver a written response within fourteen
(14) calendar days, excluding recognized holidays as defined in ARTICLE 27 —
HOLIDAYS, after conducting the Step I meeting.
42.5.1.1 Grievances resulting from the actions of a department other than an
employee's work unit shall be heard by the Department Head in which
the grievance is alleged to have occurred.
42.5.1.2 If the Department Head is the employee's next supervisor in the
employee's chain of command, the grievance shall initiate at Step II.
42.5.2 Step II. If the grievance is not adjusted to the satisfaction of AFSCME in Step I, it
shall be submitted in writing to the Human Resources Director within fourteen (14)
calendar days, excluding recognized holidays as defined in ARTICLE 27 —
HOLIDAYS, after the Step I answer is received by AFSCME. A representative from
the City Manager's Office shall meet with the employee and the employee's
AFSCME representative within fourteen (14) calendar days, excluding recognized
holidays as defined in ARTICLE 27 — HOLIDAYS, after submission of the grievance.
The representative from the City Manager's Office shall review the grievance and
may affirm, reverse, or modify the Step I decision, as the representative deems
appropriate. The Step II written response shall be delivered to AFSCME within
fourteen (14) calendar days, excluding recognized holidays as defined in ARTICLE
27 — HOLIDAYS, after said meeting.
42.5.3 Step III. If AFSCME is not satisfied with the response provided at Step II, the
grievance shall be submitted to an impartial arbitrator for a final and binding
decision, provided AFSCME submits its written request for arbitration to the City.
54
Such submission must occur within thirty (30) calendar days after the Step II
response is received.
42.5.3.1 ANAHEIM and AFSCME may agree to submit a grievance to non -binding
mediation, prior to submission to arbitration. This language is not
intended to impede or delay the arbitration process.
42.6 In order to proceed to arbitration, either ANAHEIM or AFSCME shall serve written notice
to the other party specifying the grievance to be submitted.
42.6.1 Such written notice must be submitted no later than thirty (30) calendar days after
the Step II answer is received by the other party.
42.6.2 ANAHEIM and AFSCME shall thereafter attempt to resolve the issue and select an
impartial arbitrator. If an arbitrator cannot be agreed upon, ANAHEIM and AFSCME
shall request a panel from the California State Mediation and Conciliation Service
or any other mutually agreed upon provider. If ANAHEIM and/or AFSCME fail(s) to
submit jointly, or separately, the issue to the agreed upon arbitrator, the California
State Mediation and Conciliation Service, or any other mutually agreed upon
provider within thirty (30) calendar days after the written notice to proceed to
arbitration is received, then either ANAHEIM or AFSCME may take action to compel
arbitration. Failure to take action to compel arbitration within sixty (60) calendar
days after written notice to the other party specifying the grievance to be
submitted will conclusively be deemed abandonment of the right to compel
arbitration.
42.7 The arbitrator's decision shall be final and binding on both ANAHEIM and AFSCME, 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 MOU between ANAHEM and AFSCME and that the
arbitrator's award shall be consistent with and controlled by this MOU, Ordinances and
Charter of the City of Anaheim, and the laws and Constitution of the State of California.
42.7.1 The parties will request the arbitrator to render a decision in writing as quickly as
possible, but in no event later than thirty (30) calendar days after the conclusion
of the hearing, unless the parties agree otherwise.
42.7.2 Any grievance not presented and/or carried forward by AFSCME within the time
limits specified in this ARTICLE shall be deemed null and void, provided, however,
AFSCME and ANAHEIM may agree to continue said time limits.
42.7.2.1 If the City does not provide a written response to Step I or Step II of
the grievance process within the prescribed deadline, the grievance
shall be deemed denied and will proceed to the next Step.
42.8 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.
55
42.9 An employee who has been suspended, demoted, or dismissed may be reinstated to their
position as a result of a successful appeal through the grievance procedure. In the event
of such reinstatement, the employee shall be returned to the employee's 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 an employee reinstated
by an impartial arbitrator in any amount up to payment for the full period of time involved.
In implementing a Step III award, the City Manager shall order the payment of back pay
to a reinstated employee in the amount provided in the Step III award. It shall be
conclusively presumed that there is no award of back pay to a reinstated employee unless
specifically set forth in the Step III award. Any earnings of the reinstated employee from
other employment during the period of suspension or separation shall be deducted from
the amount of back pay awarded.
Article 43 - No Strike
43.1 The UNION agrees that under the terms of this MOU, the UNION and/or its members shall
not conduct any strikes, slowdowns, or other work stoppages against ANAHEIM, or to
withdraw from assignments to standby duty during any grievance or dispute which may
arise out of the application or interpretation of the terms or conditions of this MOU or any
matter subject to review through the grievance procedure.
Article 44 - Quitside Employment
44.1 An employee may engage in employment other than the employee's position with
ANAHEIM, if the employee's Department Head determines that such outside employment
does not interfere with the performance of assigned duties and does not constitute a
conflict of interest, as provided in Administrative Regulation 233.
Article 45 - Personnel Files
45.1 Access
45.1.1 An employee, alone or accompanied by a union representative, shall have the right
to review the employee's personnel (HR and Departmental) file or authorize the
employee's union representative in writing to conduct such a review.
45.1.2 An employee or the employee's representative must provide reasonable notice
and shall schedule an appointment with the Department or the Human Resources
Department to inspect and/or to obtain a copy of the records.
45.1.3. Upon request, ANAHEIM shall provide one copy of the record without charge to
an employee or the employee's representative within a reasonable timeframe, if
56
properly authorized by the employee. An employee's written authorization must
specify the records to be released and to whom they are to be released. ANAHEIM
may verify any written authorization inspections.
45.2 Placement of Material in Personnel (H.R. and Departmental) Files
45.2.1 No disciplinary material shall be inserted in an employee's personnel file (HR)
without the employee's prior notice.
45.2.2 If an employee's review of their official personnel record reveals any documents
that the employee feels are detrimental to their record, the employee shall have
the right to place into their official record written comments or explanations
concerning these documents.
45.2.3 Any employee may request that material pertinent to their employment be placed
into their official personnel record.
Article 4 - Professional Licenses
46.1 ANAHEIM shall pay for all professional licenses required for employment, including
renewal costs or fees. Subject to Departmental approval, ANAHEIM agrees to pay for
professional and occupational licenses, certifications, and education courses that are
related to an employee's position but not required by the minimum training and
requirements for the position.
Article 47 - Required Equipment and Apparel
47.1 Personal Protective Equipment
47.1.1 ANAHEIM agrees to provide Personal Protective Equipment (PPE) to all employees
required to wear and/or utilize PPE, subject to approval of the Departmental Safety
Program Manager and/or the City Safety Manager.
47.1.2 ANAHEIM will replace or reimburse PPE as reasonably required.
47.2 Protective Footwear
47.2.1 Subject to the approval of the applicable department Safety Program Manager
and/or the City Safety Manager, the City shall provide a reimbursement of up to
$200 to all employees who are required to wear protective footwear that meet or
exceed standards established by Cal/OSHA.
47.2.2 The City shall reimburse employees for replacement protective footwear as
reasonably required.
47.2.3 ANAHEIM and AFSCME agree to establish a working group to discuss considering
a protective footwear allowance for specified classifications.
57
47.3 Uniforms
47.3.1 ANAHEIM agrees to provide uniforms to all employees required to wear specific
uniforms.
47.3.2 ANAHEIM will provide a reasonable number of replacement uniforms as needed.
58
Article 4 - Duration
48.1 The terms of this MOU are to remain in full force and effect until and including June 30,
2027. Upon adoption of a Resolution approving the terms and conditions of this MOU by
the City Council of the City of Anaheim, this MOU shall be in full force and effect.
STAFF OFFICIALS OF THE CITY OF ANAHEIM,
A Municipal Corporation
By:
By:
By:
c-09--3
Date
59
AMERICAN FEDERATION OF STATE,
COUNTY, AND MUNICIPAL EMPLOYEES,
LOCAL 2002, CONFIDENTIAL UNIT
am
By:
By:
By:
By:
gkIa-3
Date
Appendix "A" — S ecial Provisions
A.1 ANAHEIM shall provide a base salary increase of five percent (5%) retroactive to July 7,
2023. Only those employees serving in classifications represented by AFSCME who are
active City employees on or after September 29, 2023 shall be eligible to receive any
compensation associated with this wage increase.
A.2 Effective June 21, 2024, ANAHEIM shall provide a base salary increase of five percent
(5%).
A.3 Effective June 20, 2025, ANAHEIM shall provide a base salary increase of five percent
(5%).
A.4 ANAHEIM agrees that within sixty (60) calendar days of the City Council's adoption of this
MOU, it shall meet and confer with AFSCME to address salary compaction issues that may
result from the 2023-2026 memoranda of understandings between ANAHEIM and IBEW
General and IBEW Management units. ANAHEIM will not agree to a specific formula at
this time as it is awaiting the results of the classification and compensation study.
A.5 ANAHEIM and AFSCME agree to establish a working group to discuss the following:
1. Revisions to the MOU for the purpose of clarifying the meaning of which
classifications are included in the "Administrative Manager" or "Administrative
Management" group as used in this MOU.
The working group shall meet at such times and places as determined necessary by the
parties. Upon reaching mutual agreement, ANAHEIM and AFSCME agree to re -open the
applicable MOU for the sole purpose of implementing the agreed -upon terms.
A.6 ANAHEIM and AFSCME agree that during the term of the MOU, ANAHEIM will retain a
consultant to conduct a classification and compensation study ("Study' of the
classifications represented by AFSCME. The Parties share a joint interest that the Study
result in accurate information and analysis. Therefore, the Parties hereby agree to the
following regarding the Study process: (i) AFSCME and ANAHEIM will meet to discuss
comparable agencies; (ii) AFSCME and ANAHEIM will meet to discuss comparable
classifications for those classifications that are being studied. If the Parties are unable to
agree on comparable agencies and/or comparable classifications, ANAHEIM will make the
final determination. In addition, ANAHEIM will provide a final draft of the Study before it
is finalized. ANAHEIM agrees that AFSCME will have an opportunity to provide feedback
before the Study is finalized. Finally, the Parties agree to re -open the MOU on the topic
of wages only upon written request by either party and no later than ninety (90) calendar
days after the issuance of the final Study. The Parties contemplate that this re -opener
will also cover general wage increases, if any, that may be agreed to for the last year of
this MOU.
ANAHEIM and AFSCME also agree to meet and confer regarding any changes to job
.E
descriptions (including any changes to minimum qualifications, knowledge, skills, and
abilities and working conditions, essential functions, and FLSA designation).
A.7 The following terms referenced in this MOU are defined as follows:
Regular Hourly Rate of Pay — the rate of pay utilized for purposes of the calculation of
overtime under the Fair Labor Standards Act ("FLSA'D.
Base Rate of Pay — the rate of pay associated with an employee's placement on the salary
schedule for their classification.
Designee — shall be defined as an employee from a classification in the AFSCME General
Management Unit, or a non-AFSCME management unit classification.
61
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Appendix "C" — Salary Relationships
ACCOUNTING SPECIALIST — CONFIDENTIAL
Audit Technician
Claims Assistant
HRIS Technician
Human Resources Technician
Personnel Records Specialist
Personnel Records Technician
OFFICE SPECIALIST II — CONFIDENTIAL
Clerk - Confidential
Customer Services Spec I - Confidential
Customer Services Spec II - Confidential
Intermediate Clerk - Confidential
Office Specialist I - Confidential
Office Supervisor - Confidential
Principal Office Specialist - Confidential
Purchasing Assistant
Senior Clerk - Confidential
Senior Office Specialist - Confidential
SECRETARY
Administrative Assistant
Administrative Assistant - Non Exempt
Executive Assistant
Executive Secretary
Legal Secretary
Litigation Specialist
Senior Secretary
70
1.2500 x
Accounting Specialist - Confidential
1.2153 x
Accounting Specialist - Confidential
1.3000 x
Accounting Specialist - Confidential
1.2500 x
Accounting Specialist - Confidential
1.1250 x
Accounting Specialist - Confidential
1.2500 x
Accounting Specialist - Confidential
0.850
x Office Specialist II - Confidential
0.900
x Office Specialist II - Confidential
1.000
x Office Specialist II - Confidential
0.950
x Office Specialist II - Confidential
0.900
x Office Specialist II - Confidential
1.300
x Office Specialist II - Confidential
1.220
x Office Specialist II - Confidential
1.220
x Office Specialist II - Confidential
1.100
x Office Specialist II - Confidential
1.1750
x Office Specialist II - Confidential
1.2500
x
Secretary
1.2500
x
Secreta ry
1.4000
x
Secretary
1.1500
x
Secretary
1.1500
x
Secretary
1.2250
x
Secretary
1.0500
x
Secretary
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2023-083 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 26th day of September,, 2023 by the following vote of the members
thereof:
AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and
Meeks
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 271h day of September. 2023.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)