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94-029RESOLUTION NO. 94R- 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE PEACE OFFICERS UNIT REPRESENTED BY THE ANAHEIM POLICE ASSOCIATION WHEREAS, Chapter 1.06 of the Anaheim Municipal Code establishes the employer-employee relations system for the City; and WHEREAS, Section 1.06.100 of Chapter 1.06 requires Memoranda of Understanding to be presented to the City Council or its statutory representative for determination; and WHEREAS, the City Council of the City of Anaheim finds that is approval of a new Memorandum of Understanding executed on February 28, 1994 between the City of Anaheim and the Anaheim Police Association is in the best interest of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the Memorandum of Understanding between the City of Anaheim and the Anaheim Police Association executed by the City Management Representative and the Anaheim Police Association on February 28, 1994, as set forth in the document attached hereto and incorporated by reference herein, be, and the same is hereby, approved and that the effective date of such Memorandum of Understanding shall be July 3, 1992. BE IT FURTHER RESOLVED that Resolution No. 89R-281 is hereby repealed effective July 3, 1992. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 8th day of March, 1994. MA OR OF THE OF A EIM ATTEST:' CITY CLERK OF THE CITY OF ANAHE APPROVED AS TO FORM: CITY ATTORNEY O HE CITY OF ANAHEIM ,A DH:br 93143.WP5/R.2 MEMORANDUM OF UNDERSTANDING between the ANAHEIM POLICE ASSOCIATION and the CITY OF ANAHEIM EFFECTIVE JULY 31 1992 - JULY 13, 1995 9 TABLE OF CONTENTS PlAg-3 ARTICLE 1 Preamble 1 ARTICLE 2 Purpose 1 ARTICLE 3 APA Recognition 2 ARTICLE 4 Scope 2 ARTICLE 5 Management Rights 2 ARTICLE 6 Employee Rights 3 ARTICLE 7 Adoption of Employes Relations Rules 3 ARTICLE 8 Notification 3 ARTICLE 9 Consultation 4 ARTICLE 10 Meet and Confer 4 ARTICLE 11 Memorandum of Understanding 5 ARTICLE 12 Personnel Ordinance -Employer -Employee Relations Ordinance 5 ARTICLE 13 CheckOff 5 ARTICLE 14 APA Organization 5 COMPENSATION AND PAY PROVISIONS ARTICLE 15 Compensation 7 ARTICLE 16 Classification 8 ARTICLE 17 Appropriate Salary Step � ARTICLE 18 Salary Relationships 11 ARTICLE 19 Educational Incentive i2 ARTICLE 20 Hours of Work and Pay Cay 15 ARTICLE 21 Temporary Upgrado 15 ARTICLE 22 Payroll Deductions 17 EMPLOYMENT PROVISIONS ARTICLE 23 General 18 ARTICLE 24 Appointments and Promotions 19 ARTICLE 25 Nepotism 21 ARTICLE 26 Employment Lists 21 WT ARTICLE 27 Probation 22 ARTICLE 28 Outside Employment 23 ARTICLE 29 Service Awards 23 ARTICLE 30 Training 24 ARTICLE 31 Salary Stop Reduction, Suspension, Demotion & Dismissal 24 ARTICLE 32 Layoff and Reemployment 26 ARTICLE 33 Transfer 27 ARTICLE 34 Reinstatement 28 ARTICLE 35 Voluntary Demotion 29 LEAVE PROVISIONSARTICLE 36 Bereavement Leave3O ARTICLE 37 Holidays 30 ARTICLE 38 Industrial Accident Leave 32 ARTICLE 39 Jury Duty and Court Appearances 33 ARTICLE 40 Leave Without Pay 33 ARTICLE 41 Military Leave 35 ARTICLE 42 Sick Leave 35 ARTICLE 43 Vacation 3S PREMIUM PAY PROVISIONS ARTICLE 44 General Overtime 42 ARTICLE 45 Bilingual Pay 43 ARTICLE 46 Call Out 44 ARTICLE 47 Uniform Patrol - Graveyard Shift Differential 45 ARTICLE 48 Special Assignments 45 ARTICLE 49 Short Shift Change 46 ARTICLE 50 Stand By 46 ARTICLE 51 Travel and Mileage Expense 47 ARTICLE 52 K-9 Unit 47 WORK RULES ARTICLE 53 Meal Allowance 49 ARTICLE 54 Miscellaneous 49 ARTICLE 55 Police Officer Trainee 50 Pago GRIEVANCES ARTICLE 56 Administrative Leave with Pay 50 ARTICLE 57 Grievance General 51 July 3, 1992 - December 30, 1993 73 December 31, 1993 - December 29, 1994 74 December 30, 1994 - July 13, 1995 75 ALTERNATE WORK SCHEDULES 76 APPENDIX "B" PERS Local Safety members Percentage of Fianl Compensation 82 APPENDIX "C' Post Retirement Medical Benefits Percentage of Premium Costs 83 INSURANCE ARTICLE 58 Insurance 54 ARTICLE 59 Post Retirement Medical Benefits 60 MISCELLANEOUS ARTICLE 60 Medical Examinations 65 ARTICLE 61 Mandatory Permanent Modified Duty Program 66 ARTICLE 62 Fitness/Wellness Program 69 ARTICLE 63 Joint Committee on Medical Programs 70 ARTICLE 64 No Strike 70 ARTICLE 65 Implementation of Memorandum of Understanding 71 ARTICLE 66 Construction 71 ARTICLE 67 Savings Clause 72 ARTICLE 68 Duration 72 Signatures 72 WAGES APPENDIX "A" Wages July 3, 1992 - December 30, 1993 73 December 31, 1993 - December 29, 1994 74 December 30, 1994 - July 13, 1995 75 ALTERNATE WORK SCHEDULES 76 APPENDIX "B" PERS Local Safety members Percentage of Fianl Compensation 82 APPENDIX "C' Post Retirement Medical Benefits Percentage of Premium Costs 83 ARTICLE 1 PREAMBLE 1.0 The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the staff officials of the City of Anaheim, (hereinafter called "ANAHEIM") and Anaheim Police Association (hereinafter called "APA") and shall apply to all the employees of ANAHEIM working in the classifications set forth in Appendix "A". 1.1 The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between the staff officials of ANAHEIM and the APA. The APA agrees to recommend acceptance by its members of all of the terms and conditions of employment as set forth herein, and the staff officials of ANAHEIM agree to recommend to the Anaheim City Council that all of the terms and conditions of employment as set forth herein be incorporated in full in a resolution of the Anaheim City Council, Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without any further action by either party. ARTICLE 2 PURPOSE 2.0 The objectives of the parties to this Memorandum are to promote full communication between ANAHEIM and its employees and to promote the improvement of employer-employee relations within the municipal government by providing a uniform basis for recognizing the right of employees to join organizations of their own choice and be represented by such organizations in their employment relationships with ANAHEIM. 2.01 The objectives of these Articles are to facilitate efficient and economical services to the public and provide for a fair and equitable system of personnel management in the municipal government. 2.02 These Articles set: forth in detail those procedures which ensure similar treatment for those who compete for employment and promotion, and define the obligations, rights, privileges, benefits, and prohibitions which are placed upon all the employees of ANAHEIM working in the classifications set forth in Appendix "A". 1 ARTICLE 3 APA RECOGNITION 3.0 ANAHEIM hereby recognizes the APA as the bargaining representative for all its members to the fullest extent allowable under CaUfornia law applying to public employees. As public employees, such employees shall have the right to discuss individual problems of employment with ANAHEIM, provided that upon request of the employee, the APA shall be kept fully informed and have the right to be present at all such meetings between ANAHEIM and the individual. ARTICLE 4 SCOPE 4.0 All officers and positions of ANAHEIM are divided into the classified service and the exempt service. The exempt service shall include the following; 4.01 All elected officials and members of boards and commissions. 4.02 The Anaheim City Manager and the Anaheim City Attorney, Anaheim City Treasurer and the Anaheim City Clerk. 4.03 Volunteer personnel and personnel appointed to serve without pay. 4.04 Architects, consultants, counsel, and others rendering temporary professional service. 4.05 Such positions involving seasonal or part-time employment as may be specifically placed in the exempt service by the Human Resources Director. 4.1 The classified service shall include all other positions that are not specifically placed in the exempt service by this Article. 4.2 The provisions of this Article and Memorandum shall apply only to the classified service unless otherwise specifically provided. ARTICLE 5 MANAGEMENT RIGHTS 5.0 Management retains, exclusively, all its inherent rights, functions, duties and responsibilities except where specifically limited in this document. The rights of Management include, but are not limited to, the exclusive right to consider the merits, necessity or organization of any service or activity provided by law, or administrative order; determine the mission of its constituent departments, commissions and boards; set standards of service, determine the 2 procedures and standards of selection for omployr ord and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of ANAHEICrt's operations; determine the methods, means and personnel by which ANAHEIM's operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. ARTICLE 6 EUPLOYEE RIGHTS 6.0 Employees shall have all rights granted to public employees under California law. Employees shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the Purpose of representation on all matters of employer-employee relations. Employees also have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with ANAHEIM. No employee shall be interfered with, intimidated, restrained, coerced, or discriminated against by ANAHEIM or by any employee organization because of his exercise of these rights. ARTICLE 7 ADOP"T"ION OF EMPLOYEE RELATIONS RULES 7.0 Employee relations rules, prepared by the Anaheim City Management Representative, under the direction of the Anaheim City Manager will be submitted to the Anaheirn City Councii • by the Anaheim City Management Representative after discussing them with the APA. The rules shall be submitted to the Anaheim City Council for determination. The rules shall establish specific procedures and regulations governing the operation of the employer-employee relations system. ARTICLE 8 NOTIFICATION 8.0 Reasonable written notice shall bye given by the Anaheim City Management Representative to the APA of any proposed ordinance, resolution, rule or regulation directly relating to matters within the scope of representation to be presented to the Anaheim City Council for determination, and the APA shall be given the opportunity to meet with the Anaheim City Management Representative prior to submission to the Anaheim City Council for determination. 3 8.1 In cases of emergency when the Artahelm City Council determines that an ordinance, resolution, rule or regulation must be adG plod irnt,3ediately without prior notice or meeting with the APA, the Anaheim City Management Representative shall provide such notice at the earliest practicable time following the adoption of synch ordinance, resolution, rule or regulation. ARTICLE 9 CONSULTATION 9.0 The Anaheim City Management Representative, after consultation in good faith with representatives of the APA, may recommend adoption of reasonable rules and regulations for the administration of employer-employee relations. The Anaheim City Management Representative shall consult in good faith with representatives of the APA on employer-employee relations matters which affect them, including those that are not subject to meeting and conferring. ARTICLE 10 MEET AND CONFER 10.0 The Anaheim City Management Representative and representatives of the APA, shall have the mutual obligation personally to mer+t and confer in order to exchange freely information, opinions and proposals and to endeavor to reach agreement on matters within the scope of representation. Nothing herein precludes the use of any impasse procedure authorized by law whenever an agreement is not reached during the meeting and conferring process and the use of such impasse procedure is mutually agreed upon by the Anaheim City Management Representative and the APA. 10.1 The Anaheim City Management Representative shall not be required to meet and confer in good faith on any subject preempted by Federal or State Law or by the Anaheim City Charter nor shall he be required to meet and confer in good faith on Management or Employee Rights as herein defined. Proposed amendments to this Article are excluded from the scope of meeting and conferring. 10.2 The Anaheim City management Representative will not recommend any revision or modifications to this Memorandum without first meeting and conferring in good faith on such recommendations with the APA. 4 ARTICLE '1 1 MEMORANn1 A OF UNDERSTANDING 11.0 When the meeting and conferring process results in agreement between the Anaheim City Management Representative and the AFIA such acerooment shall be incorporated in a written memorandum of understanding, signed by the Anaheim City Management Representative and the APA representatives. The matters incorporated in the memorandum shall be presented to the Anaheim City Council, or its statutory representative, for determination. ARTICLE 12 PERSONNEL ORDINANCE - EMPLOYER-EMPLOYEE RELATIONS ORDINANCE 12.0 The terms and conditions of employment sot forth in the ordinances referred to as the Personnel Ordinance and the Employer -Employee Relations Ordinance are incorporated in verbatim by reference in this Memorandum. ARTICLE 13 CHECKOFF 13.0 ANAHEIM agrees to checkoff for the payment of the regular monthly APA dues and to deduct such payments from the usages of all the APA members and employees when authorized to do so by said members and employees, and remit such payments to the APA in accordance with the terms of signed authorizations of such members and employees. The deduction of such dues and the remittal of same by ANAHEIM to the APA, shalt constitute payment of said dues by such members and employees of the APA. 0 ARTICLE 14 APA ORGANIZATION 14.0 The APA representatives are those elected or appointed in accordance with the constitution and bylaws of the APA. 14.01 ANAHEIM mcogn€zes the APR's right to appoint or elect Department Representatives. 14.02 The APA shall notify the Anaheim City Management Representative, in writing, of the mannes and job class titles of its officers, Department Representatives and other officials each time an election is held or new appointments are made. 5 14.03 An employee elocted or appointed as an officer or Department Representatives to the APA shall be required to work full time in his respective job class and shall not interrupt the work of other employees. 14.1 Officers and representatives (sub'ect to ilia provisions of ARTICLE 14.03) of the APA shall be permitted to visit employee work locations for the purpose of observing conditions under which employees are working, provided such visit shall not interrupt the work of such employees, interfere with the normal operations of the department or with established safety requirements. 14.11 Such officers and representatives shall not enter any work location without the knowledge of the Chief of Police, division head, or other appropriate 0 supervisor. 14.12 Solicitation of membership and all activities concerned with the internal management of the APA, such as collecting dues, holding membership meetings, preparation of petitions or grievance material, preparation of proposals, campaigning for office, conducting elections and distributing literature, shall not be conducted during working hours. 14.2 In the event that the APA is formally meeting and conferring with representatives of ANAHEIM on matters within the scope of representation during regular Anaheim City business hours, a reasonable number of officers, employee representatives or other officials of the APA shall be allowed reasonable time off without loss of pay or benefits. • 14.3 ANAHEIM agrees that due to the unique work schedules of employees assigned to law enforcement work, the members of the Board of Directors of the APA shall be allowed time off without loss of compensation or other benefits to attend a regularly scheduled monthly board meeting which occurs during their regular work shift. 14.31 ANAHEIM agrees to provide a combined total of up to one thousand (1000) hours per year of paid released time from normal work assignments to the President and Board Members of the APA. The APA agrees to reimburse ANAHEIM on an hour -for -hour basis at the employee's regular rate of pay for all hours of released time taken by the President and the APA Board Members. 6 14.311 Such o0lcers, er eployee representatives and officials shall not Leave their duty or work station or assignment without the `<nawladge of the appropriate manager or supervisor. 14.312 Such meetivgs are subject to scheduling in a manner con.sistont with operating needs and work schedules. 14.4 ANAHEIM shall furnish a bulletin board at mutually agreeable, specific locations for the purpose of posting notices pertaining to APA business. 14.41 All materials must be dated and must identify the APA. 14.42 ANAHEIM reserves the right to determine what reasonable portion of bulletin boards are to be allocated to APA materials. 14.43 If the APii does not abide by these provisions it will forfeit its right to have materials posted on ANAHEIM bulletin boards. 14.5 ANAHEIM shall allow the APA to conduct meetings in Anaheim City facilities. 14.51 Such meetings shall be scheduled in accordance with regulations governing use of public meeting rooms at Anaheim City facilities. ARTICLE 15 COMPENSATION 15.0 The Anaheim City Management Representative under the direction of the Anaheim City Manager shall be responsible for recommending wages, rates, and salary schedules for each job class in Appendix "A". 15.1 Prior to any such recommendations, the Anaheim City Management Representatives and representatives of the APA shall meet and confer in good faith to endeavor to reach agreement on matters concerning wages, hours, and other terms and conditions of employment in classifications represented by the APA. 7 15.2 At such time as agreement is roziunod to! such classifications, the Anaheim City Management Representative and the APA ,,hall jointly submit a written memorandum of such understanding, which shall not be binding, to the Anaheim City Council for determination. 15.3 Wages for the various classifications shall be set forth in Appendix "A" attached to this Memorandum and by this reference made a part hereof. 15.4 Employees in classifications listed in Appendix "A", employed during the first pay period after approval of this Memorandum (Jul, 3, 1992 through July 13, 1995) by the Anaheim City Council, shall be paid one thousand ($100,0) during that pay period in addition to their regular pay. ARTICLE 16 CLASSIFICATION 16.0 The Human Resources Director shall be responsible for recommending classification of all positions in the classified service on the basis of the kind and level of the duties and responsibilities of the positions, to the end that all positions in the same class shall be sufficiently alike to permit use of a single descriptive title, the same qualification requirements, the same test of competence, and the same salary schedule. 16.01 A job class may contain one or more positions. 16.02 Classification of all positions in the classified service shall require approval 0 of the Anaheim City Manager. 16.1 A position may be reclassified on the basis of changes in or reevaluation of the duties, responsibilities, and/or qualification requirements of the position. 16.11 The Human Resources Director shall be responsible for recommending such reclassification as he finds to be necessary. 16.12 A reclassification shall become effective upon action by the Anaheim Cit;, Manager on a Perswnnel Action Form. N 16.13 Incumbents may or may not bo reclassified with their positions, based upon the recornmendati-.)n of tho l iun-ian Resources Director, the Chief of Police and the approval of the Anaheim City Manager. ARTICLE 17 APPROPRIATE SALARY STEP 17.0 Regular, full-time employees shall too eligible for consideration for merit pay increases as follows: 17.01 To the "J" step aftor completion of six months of service in the "R" step. 17.02 To the "A" step after completion of six months of service in the "J" step. 17.03 To the "B" step after completion of six months of service in the "A" step. 17.04 To the "C" step after completion of six months of service in the "B" step. 17.05 To the "D" step aftor completion of one year of service in the "C" step. 17.06 To the "E" step after completion of one year of service in the "D" step. 17.07 In such cases as may occur wherein an employee shall demonstrate exceptional ability and proficiency in performance of his assigned duties, said employee may be given a special merit advancement to the next higher step without regard to the minimum length of service provisions contained in this Article upon the approval of the Chief of Police. 17.08 For purposes of this Article "six (6) months" shall be construed to mean thirteen (13) complete biweekly pay periods; and 'one (1) year" shall bo construed to mean twenty-six (26) complete biweekly pay periods. 17.1 Merit pay increases shall be granted upon approval of the Chief of Police for continued meritorious and efficient service and continued improvement by the employee in the effective performance of the duties of his positio.ro. 17.11 The effective date of the merit pay increases shall be the first day of the pay period following approval as provided in ARTICLE 17.1 and completion of the minimum required service in the next lower step as provided in ARTICLE 17.0. 9 17.2 Newly hired employees shall not'inally be compensated at the lowest step of the salary schedule of the job class for which they vrere hired. ANAHEIM may hire at a higher step in the salary schedule. 17.21 The provisions of this Article shall also apply to reemployed and reinstated employees, except as provided for in the Layoff and Reemployment ARTICLE 32.02, 17.3 An incumbent employee reclassified with his position to a lower job class shall retain his rate of pay and his anniversary date for purposes of merit pay increases, or shall be placed in the step of the lower salary schedule closes: to his rate of pay. If the "E" step of the salary schedule of the lower job class is lower than the in rumbents's rate of pay, the rate of pay shall be identified as the "Y" step of the lower salary schedule. An employee compensated at the "Y" step, until such time as his job class is assigned to a salary schedule in which the "E" step is equivalent to or higher than the "Y" step, at which time the employee shall be placed in the "E" step. 17.4 An incumbent employee reclassified with his position to an equivalent job class shall retain his rate of pay and his anniversary date for purposes of merit pay increases. 17.5 An employee who is promoted or reclassified with his position to a higher job class shall be placed in the step of the higher salary schedule that will provide a pay increase of not less than 4% except when the "E" step of the higher salary schedule provides a pay increase of less than 4%, or when the "A" step of the higher salary schedule is more than 4% higher than the employee's • current rate of pay. The employee shall be given a new anniversary date for purposes of merit pay increases in accordance with the provisions of ARTICLE 17.0. 17.51 An employee shall be placed at the entry level step in the salary rango when promoted to Police Officer Trainee. 17.6 An employee who is demoted for disciplinary reasons shall be placed in the step of tho lower salary schedule that will provide a reduction in pay of not less than 4%. The employee shail be given a new anniversary date for purposes of merit pay increases in accordance with tho provisions of ARTICLE 17.0. 10 • • 17.7 An employee in a job class whiclk is assigned to a different salary schedule as a result of a pay adjustment shall retain his same si0arj step status in the newly authorized salary schedule and shall retain the same anniversary date for purposes of merit pay increases. 17.8 When more than one personnel action involving changes in an employee's salary step status become effective on the same clay, all such changes shall be in accordance with the provisions of the preceding articles of this Article, and shall take place in the following order of precedence: (1) adjustment to same salary step in newly authorized salary schedule; (2) merit pay advancement or reduction in salary step; (3) promotion, demotion, or reclassification. ARTICLE 18 SALa.RY RELATIONSHIPS CLASSIFICATION Police Officer Trainee Police Officer Police Officer - Detective/Investigator Police Officer - Helicopter Pilot (Commercial) Police Officer - Helicopter Pilot (Private) Police Officer- Helicopter Pilot MA (Commercial) Police Officer - Helicopter Pilot MA (Private) Police Officer - Helicopter Pilot MI (Commercial) Police Officer - Helicopter Pilot MI (Private) Police Officer - Helicopter Pilot SMA (Commercial) Police Officer - Helicopter Pilot SMA (Private) Police Officer - Helicopter Pilot SMI (Commercial) Police Officer - Helicopter Pilot SMI (Private) Police Officer - Master Advanced Police Officer - Master Intermediate Police Officer- Motorcycle Police Officer - Polygraph Examiner Police Officer - Senior Master Advanced Police Officer - Senior Master Intermediate 11 COMPUTATION 1.00 1.00 1.05 x Police Officer 1.10 x Police Officer 1.05 x Police Officer 1.10 x Police Officer MA 1.05 x Police Officer MA 1.10 x Police Officer MI 1.05 x Police Officer MI 1.10 x Police Officer Senior MA 1.05 x Police Officer Senior MA 1.10 x Police Officer Senior MI 1.05 x Police Officer Senior MI 1.10 x Police Officer 1.075 x Police Officer 1.05 x Police Officer 1.20 x Police Officer 1.125 x Police Officer 1.10 x Police Officer • • Police Sergeant Police Sergeant - Detective/Investigator Police Sergeant - Helicopter Pilot (Commercial) Police Sergeant - Helicopter Pilot (Privata) Police Sergeant - Helicopter Pilot PA (Commercial) Police Sergeant - Helicopter Pilot PA (Private) Police Sergeant - Helicopter Pilot SM (Commercial) Police Sergeant - Helicopter Pilot SM (Private) Police Sergeant - Motorcycle Police Sergeant - Post Advanced Police Sergeant - Senior Master Police Sergeant - Special Events Police Sergeant - Special Events PA ARTICLE 19 1.20 x Police Officer 1.05 x Police Sergeant 1.10 x Police Sergeant 1.05 x Police Sergeant 1.10 x Police Sergeant PA 1.05 x Police Sergeant PA 1.10 x Police Sergeant Senior MA 1.05 x Police Sergeant Senior MA 1.05 x Police Sergeant 1.10 x Police Sergeant 1.125 x Police Sergeant 1.20 x Police Officer 1.10 x Police Sergeant EDUCATIONAL INCENTIVE 19.0 ANAHEIM agrees that Police Sergeants qualified as "Post Advanced" shall be paid ten percent (10%) above Police Sergeant. 19.01 ANAHEIM and the APA agree that Police Sergeants shall be designated "Post Advanced" when they moet the following criteria: Possession of an advanced "POST' certificate. 19.02 ANAHEIM and the APA agree that employees promoted to Police Sergeant may be designated "Post Advancod" immediately upon promotion if they meet the above: criteria at the time of their promotion. 19.1 Police Officers qualified as Mastor Intermediate shall be paid seven and one-half percent (7 'h%) above Police Officer. 19.11 Police Officers shall be designated Master Intermediate when they meet tho following criteria: Possession of an intermediate "POST' certificate. 12 19.2 Police Officers qualified as Master.• Advanced shall be paid ten percent (10%) above Police Officer. 19.21 Police Officers shall be do° ignated Masiar Advanced when they meet the following criteria: Possession of an Advanced "POST' certificate. 19.3 Police Officers receiving compensation as Master Intermediate or Advanced shall not have their compensation changed due to assignment. 19.4 Police Officers qualified as Senior Master Intermediate shall be paid ten percent (10%) above Police Officer. 19.41 Police Officers shall be designated Senior Master Intermediate when they meet the following criteria: Possession of an Intermediate "POST' certificate, have one year of experience in an assignment outside uniform patrol with the Anaheim Police Department, and be currently assigned to uniform patrol duty. 19.5 Police Officers qualified as Senior Master Advanced shall be paid twelve and one-half percent (12 1/2%) above Police Officer. 19.51 Police Officers shall be designated Senior Master Advanced when they meet the following criteria: Possession of an Advanced "POST' certificate, have one year of experience in an assignment outside uniform patrol with the Anaheim Police Department, and be currently assigned to uniform patrol duty. 19.511 The Chief of Police may defer granting Senior Master "POST' statue to employr�es otherwise eligible for premium pay under ARTICLE 19.51 whose reassignment to Patrol is other than voluntary. 19.6 Police Officers receiving compensation as Senior Master Intermediate or Advanced shall not have their compensation changed due to reassignment after completion of a one year minimum continuous assignment to unHorm patrol duty. 13 19.61 Upon completion of five P:ontinWorzs years of receiving compensation as Senior Master Intermediate or Adyar:crud while not assigned to uniformed patrol duty, Police Officers shall cease receiving cornponsation as Senior Master Intermediate or Advanced or shall complaie a now one year minimum continuous assignment to uniform patrol duty to continue receiving compensation as Senior Master Intermediate or Advanced. 19.7 ANAHEIM agrees that Police Sergeants qualified as Senior Master Advanced shall be paid twelve and one-half percent (12 1/2%) above Police Sergeant. 19.71 Police Sergeants shall be designated Senior Master when they meet the following criteria: Possession of an Advanced "POST' certificate, have one year of experience as a Police Sargeant in an assignment outside uniform patrol with the Anaheim Police Department, and be currently assigned to uniform patrol duty as a Police Sergeant. 19.711 The Chief of Police may defer granting Senior Master "POST' status to employees otherwise eligible for premium pay under ARTICLE 19.71 who.ae reassignment to Patrol is other than voluntary. 19.72 Upon completion of five continuous years of receiving compensation as Senior Master while not assigned to uniformed patrol duty, Police Sergeants shall cease receiving compensation as Senior Master or shall complete a new one year minimum continuous assignment to uniform patrol duty to continue receiving compensation as Senior Master. 19.721 To receive Senior Master Sergeant Pay assignment to uniform patroi duty must begin on or after July 7, 1989. 19.8 ANAHEIM and the APA agree that Police Officers and Police Sergeants must be physically at work and on full duty on the date of appointment to any type of Master Police Officer or Sergeant POST Advanced. 19.9 It is understood that Police Sergeant (POST Advanced) and Master Police Officer status is subject to review in accordance with Article 57. 14 19.10 ANAHEIM and the APA agree that a,n employee after thirty (30) days of his resignation shall be considered to have broken service and must complete a new one year of experience in a premium pay assignment with the Anaheim Police Department to be designated Senior Master Intermediate and Senior Master Advancers. ARTICLE 20 HOURS QF WORK AND PAY DAY 20.0 The average regular work week for employees in classifications in Appendix "A", shall be forty (40) hours. 20.01 For all employees with an average regular work week of forty (40) hours, the 0 monthly rate shall be the hourly rate times 2,080 divided by 12. 20.1 Regular salaries and compensation of employees shall be paid on a biweekly basis. 20.11 APA recognizes the cost savings of using the Direct Deposit System and will encourage their members to sign up for direct deposit of pay checks. 20.2 ANAHEIM agrees to pay annual sick leave payoff compensatory time payoff, and holiday payoff by separate checks. 20.3 All holidays, vacation and sick leave shall be paid at the employees' regular hourly rate of 0 pay. 20.4 ANAHEIM and the APA agree that: in certain instances alternatives to the traditional work schedule may be appropriate. Such alternate work schedules shall be created by Letter of Understanding attached to this Memorandum and by this reference made a part hereof. ARTICLE 21 TEMPORARY UPGRADE 21.0 Temporary upgrading shall be defined as the temporary assignment of an employee to work in a job classification which is as.>igned to a salary schedule higher than his regular job classification. 15 21.01 Upgrade to a vacant position shall be (Invited to six (6) months, except in cases of extended sick leave, indui�triial accident leave or leave without pay. 21.1 Employees temporarily upgraded to the following job classifications shall receive a five percent (5%) pay differential for all time worked in the higher job classification during normal working hours if they are assigned to work in the higher classification for a period of one (1) complete work shift (eight (8) working hours) or longer. Employees temporarily upgraded to any of these job classes shall receive a five percent (5%) pay differential for all time worked in the higher job classification during other than normal working hours: Police Lieutenant Police Officer - Polygraph Examiner Police Officer - Helicopter Pilot SMA Police Officer- Helicopter Pitot SMI Police Sergeant Police Sergeant - Detective/Investigator Police Sergeant - Helicopter Pilot Police Sergeant - Helicopter Pilot Post Advanced Police Sergeant - Helicopter Pilot SM Police Sergeant - Motorcycle Police Sergeant - Post Advanced Police Sergeant - Senior Master Advanced Police Sergeant - Special Events Police Sergeant - Special Events - Post Advanced 21.2 Employees in the following job classes who are temporarily assigned as Field Training Officers shall receive a five percent (5%) pay differential for all time worked while assigned as a Field Training Officer: Police Officer Police Officer - Helicopter Pilot Police Officer- Helicopter Pilot MA Police Officer- Helicopter Pilot MI Police Officer- Helicopter Pilot SMA Police Officer - Helicopter Pilot SMI Police Officer - Master Advanced 16 Police Officer- Master Intfsrmediate Police Officer - Motorcycir* Police Officer - Senior Ma star Advanced Police Officer - Senior I'siiastur Intermediate Police Sergeant Police Sergeant - Helicotaer Pilot Police Sergeant - Helicop'f:ar Pilot Post Advanced Police Sergeant - Helicopter Pilot SM Police Sergeant - Motorcycle Police Sergeant - Post Advanced Police Sergeant - Senior Master Advanced list above who are assigned to supervise the 21.21 Employees in the lob classifications ed g p Police Department Front Counter operations shall receive a two and one -halt percent (2 1/2%) pay differential for all time worked while assigned. 21.3 If an employee is temporarily assigned to perform work at a lower rated job classification, his rate of pay shall not be changed. Such temporary assignments of work shall be made at the discretion of ANAHEIM. 21.4 ANAHEIM and the APA agree that parallel moves may be made within classifications or positions left vacant in order to avoid the necessity of working an employee at a higher rated job • classification. 21.5 The determination of those persons qualified to work in higher rated classifications shall be established by ANAHEIM. Assignments to higher rated classifications shall be made at the sole discretion of ANAHEIM. ARTICLE 22 PAYROLL DEDUCTIONS 22.0 Deductions of authorized amounts may be made from employee's pay for the following purposes: 22.01 Withholding Tax; 22.02 Contributions to retirement benefits; 17 22.03 Contribution to survivors' benefits; 22.04 Payment of life insurance and accidental death and dismemberment insurance premium; 22.05 Payment of non -industrial disability Insurance premium; 22.06 Payment of hospitalization and major medical Insurance premium; 22.07 Payment to or savings in the Anaheim Area Credit Union; 22.08 Contributions to United Way; 22.09 Payment of membership dues to the APA; 22.10 Purchase of United States Savings Bonds; and 22.11 Other purposes as may be, authorized by the ANAHEIM City Council. is ARTICLE 23 GENERAL 23.0 It is hereby the declared personnel policy of ANAHEIM that: 23.01 Employment by ANAHEIM shall be based on merit and fitness, free of personal and political considerations. 23.02 Appointments, promotiorvi, and other actions requiring the application of the merit principle shall be based on systematic tests and/or evaluations. 23.03 Positions having similar duties and responsibilities shall be classified and • compensated on a uniforin basis. 23.04 Tenure of employees shall be subject to good behavior, satisfactory work performance, necessity for the performance of work, and the availability of funds. 23.05 Any action concerning an employee's status of employment shall be processed on a Personnel Action Form. Such status shall become effective upon action by the Anaheim City Manager or by a management employee who the Anaheim City Manager has delegated responsibility for authorizing such action. All full-time employees shall recoive a true copy of any personnel action taken concerning their status of employment. 18 23.1 For purposes of recruitment AP ;4HE IM will notify the APA, and the APA shall refer skilled and experienced personnel to ANAHEIN4 for nocas: ary testing. 23.2 Job Bulletins regarding classifications ropfasented by the APA shall be sent to the APA during recruitment periods. 23.3 ANAHEIM shall be the sole judge of the testing, qualification and acceptance procedures of all applicants for employment and promotion and ANAHEIM retains the right to reject any applicant for employment; PROVIDED, HOWEVER, that no test or qualification procedures utilizer; by ANAHEIM or refusal to accept for employment shall be done to discriminate for or against an applicant because of the APA or non -APA. membership or because of race, color, creed, national origin, religion, sex, age or physical disability, except where age or lack of physical disability is a bona fide occupational qualification. 23.4 ANAHEIM agrees to post at the time promotional opportunities bulletins are distributed the criteria and procedures used in performing management evaluations provided for in ARTICLE 24. ARTICLE 24 APPOINTMENTS AND PROMOTIONS 24.0 Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examinations. Examinations shall be used and conducted to aid in the selection of qualified employees, and shall consist of recognized selection techniques whicN will, in the opinion of the Human Resources Director, test fairly the qualifications of candidates. 01 24.1 Minimum standards of employment for each job classification shall be recommended by the Human Resources Director and approved by the Anaheim City Manager. 24.2 Vacancies in positions above the entry level shall be filled by promotion whenever one (1) or more qualified candidates are available, except when a qualified, work -disabled employee is placed in such position according to the Vocational Rehabilitation Administration Regulation. Promotions shall be on a competitive basis except when the Human Resources Director finds that the number of employees qualified for promotion is insufficient to justify competition. Appropriate consideration shall be given to promotional candidates' qualifications, record of performance, and seniority, in that order. 19 24.21 Advancement to a higher paid job classification shall constitute a promotion. 24.3 Examinations for appointments and promotions shall be in such form as will fairly test the abilities and aptitudes of candidates for the duties to be performed, so that such appointments and promotions will be solely based on qualifications without regard to race, color, creed, national origin, religious or political affiliation or belief, membership in or attitude toward any employee organization, sex, age, or physical disability, except where sex, age, or lack of physical disability is a bona fide occupation qualification. 24.4 Candidates who qualify for employment or promotion shall be placed on an eligibility list for the appropriate job classification. Ai such times as a department management evaluation is Included in the establishment of a promotional eligibility list, the list shall rank the eligible candidates in the order of final evaluation, and appointments from that list shall normally follow rank order. 24.5 When an appointment is to be neade to a vacancy, the Human Resources Director shall submit to the Chief of Police the name;. on the appropriate employment list. Appointments to vacant positions shall be made by tho Chief of Police, with the concurrence of the Human Resources Director. 24.51 The Chief of Police, with the concurrence of the Human Resources Director, may order names removed from an eligibility list for good and sufficient reasons. 24.6 In the absence of appropriate employment lists, a provisional appointment may be mado by ANAHEIM of a person meeting the minimum qualifications for the position. An eligibility list shall be established within six (6) months for any regular, full-time position filled by provisional appointment. In the event that any provisional appointee fails to qualify on the eligibility list as established within six (6) months of his provisional appointment, said provisional appointee shall have his employment terminated at the close of the first complete biweekly pay period following the establishing of the eligibility list. 24.7 Appointments to certain grant funded positions as designated by the Anaheim City Manager may be made without competitive examinations and/or evaluations. Such appointments may be made by the Chief of Police (with the approval of the Human Resources Director and the Anaheim City Manager). In the event that a grant funded appointee fails to complete competitive 20 examinations and/or evaluations anal is rknt rappolntod to an ANAHEIM funded position during his period of employment under the grant, sai i grant funded appointee shall be terminated from ANAHEIM employment. ARTICLE 25 NEPOTISM 25.0 The Anaheim City Council shall not appoint to a salaried position under the Anaheim City government any person who is a relative by blood or marriage within the third degree of any one (1) or more of the members of such Anaheim City Council, nor shall the Anaheim City Manager or the Chief of Police or other officer having appointive power appoint any relative of his or of any Council Member within such degree to any such position. is ARTICLE 26 EMPLOYMENT LI T 26.0 Employment lists, in order of theilr priority, shall be reemployment lists and eligibility lists. 26.1 Reemployment lists shall contain the names of regular, full-time employees laid off in good standing for lack of funds or work. 26.11 Names on reemployment lists shall remain for a period not to exceed three (3) years. Anyone reemployed from this list more than one (1) year after their layoff shall be required to pass a pre-employment medical examination as well as serve 40 a new probationary period. 26.2 Eligibility lists shall be created in accordance with the provisions of ARTICLE 24. 26.21 Eligibility lists may contain the names of one (1) or more persons eligible for employment. 26.22 Open competitive eligibility lists shall remain in effect for a period of one (1) year or until depleted. Eligibility lists containing less than three (3) names may be considered depleted. Eligibility lists may be extended by the Human Resources Director for a period not to exceed one (1) additional year. 21 26.23 Promotional eligibility lists shall remain in effect for a period of two (2) years or until depleted. ARTICLE 27 PROBATION 27.0 Employees appointed from eligibility lists, reinstated employees and employees reassigned according to the Vocational Rehabilitation Administrative Regulation shall be subject to a period of probation. The regular period of probation shall be thirteen (13) complete biweekly pay periods unless otherwise specified for certain designated job classes. 27.01 Certain designated job classes in the classified service shall have a regular period 40 of probation which begins on the date of appointment and ends twenty-six (26) complete biweekly pay periods after completion of recruit training. These job classes shall be: Police Officer Police Officer -Trainee 27.02 In the event an employee is absent from work or on temporary restricted modified light duty due to a lengthy illness or injury during his probationary period, said employee's probationary status may be extended beyond the regular period of probation in the amount of one (1) complete biweekly pay period for each complete biweekly pay period lost due to the illness or injury. 27.03 Upon successful completion of a probationary period, an employee shall be granted regular status io the classification in which the probationary period is served. 27.1 The work and conduct of probationary employees shall be subject to close scrutiny and evaluation, and, if found to be below standards satisfactory to the appointing authority, the Chief of Police 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 Memorandum. 22 27.11 An employee rejected during the pvobationary period from a position to which he has been promoted shall 13e returned to the classification in which he has regular status unless the reasons for his failure to complete his probationary period would be cause for dismissal. 27.2 An employee shall be retained beyond the and of the probationary period only if the Chief of Police affirms that the services of the employee have been found to be satisfactory. ARTICLE 28 OUTSIDE EMPLOYMENT 28.0 An employee may engage In employment other than his job with ANAHEIM, if the Chief of 10 Police determines that such outside eriployment does not interfere with the performance of assigned duties and does not constitute a conflict of interest. ARTICLE 29 SERVICE AWARDS 29.0 Service awards, in the form of service pins or the equivalent, shall be presented to employees in classifications listed in Appendix "A" for: Five (5) years of service; Ten (10) years of service,, Fifteen (15) years of service; Twenty (20) years of service; Twenty-five (25) years of service; Thirty (30) years of service; Thirty-five (35) years of service; Forty (40) years of service. Such a service award shall also be presented to any employee upon his retirement. 29.01 For purposes of this Article, the term "years of service", shall be defined as continuous, full-time service. 23 ARTICLE 30 'RAINING 30.0 The Human Resources Director tinall encourage the improvement of service by providing employees with opportunities for traini!ig, including training for advancement and for general fitness for public service. 30.01 Reimbursement to employees for costs incurred for formalized training shall be in accordance with regulations established by the Anaheim City Manager. ARTICLE 31 SALARY STEP REDUCTION, SUSPENSION, DEMOTION AND DISMISSAL • 31.0 The tenure of every employee shall be conditioned on good behavior and satisfactory work performance. Any employee may be surspended, demoted, or dismissed for good and sufficient cause. 31.1 When in the judgment of the Chiof of Police, an employee's work performance or conduct justifies disciplinary action short of demotion or dismissal, the employee may be: 31.11 Suspended without pay. Upon taking such action, the Chief of Police shall file with the employee and the Labor Relations Director a written notification containing a statement of the substantial reasons for the action. No employee shall ba suspended for more than thirty (30) calendar days at any one (1) time. 31.12 Reduced by one salary step at a time. Such action shall require the specific recommendation of the Chief of Police. Upon taking such action, the Chief of Police shall file with the employee and the Labor Relations Director a written notification containing a statement of the substantial reasons for the action. Tho employee may be returned to his former salary step at such time as deemed appropriate by the Chief of Police. 31.2 An employee may be demoted or dismissed upon recommendation of a division head or other appropriate supervisor whenever in the judgment of the Chief of Police, the employee's work or misconduct so warrants. Upon taking such action, the Chief of Police shall file with tha employee and the Labor Relations Director a written notification containing a statement of the substantial reasons for the action and the effective date of the action. 24 31.3 An employee may appeal disciplinary actions under provisions of Article 57, Grievances General. 31.4 When an employee is dismisseel as provided in the Article, ANAHEIM and the APA agree to the following accelerated procedure under the provisions of Article 57, Grievance Procedure: 31.41 ANAHEIM and the APA agree that only one Post Skelly hearing by the appropriate Executive or Administrative Manager shall be held. This hearing shall be held within ten working days after the dismissal Is grieved unless mutually extended. 31.42 If the grievance is then appealed to Third Step to be submitted to an impartial arbitrator for a final and binding decision, ANAHEIM and the APA agree to: 31.421 Develop a standing list of mutually approved arbitrators. 31.4211 This list shall include no more than five mutually approved arbitrators. 31.4212 ANAHEIM and the APA agree to re-establish the list of arbitrators once each year in January. 31.4213 ANAHEIM and the APA may remove arbitrators from • this list at anytime. 31.422 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. 31.423 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 the remedy be?" 25 ARTICLE 32 LAYOFF_ANo nEEMPLOYMENT 32.0 Layoffs shall be made on the basis, of seniority within the affected job classification in the Police Department and unique specialized qualifications. 32.01 Employees promoted from classifications listed in Appendix "A" to non -bargaining unit classifications may be reassigned to their former classification in the bargaining unit with no loss of seniority in the event they are laid off from their non -bargaining unit classification. 32.02 An employee who has been laid off shall be reassigned to any non -management position within the Anaheim Police Department in an equivalent or lower job classification for which Ile meets the minimum requirements and has Anaheim Police Department seniority over other employees in the job classification. If the employee whose position has been abolished does not have Anaheim Police Department seniority over other employees in equivalent or lower classes, he naav be reassigned by the Chief of Police to any vacant position within the Anaheim Police Department in an equivalent or lower job classification, for which he meets the minimum requirements. Employees so reassigned shall be placed in the salary step of the appropriate salary schedule closest to their rate of pay. Employees so reassigned shall be reinstated to their former job classification and salary step status when positions in their former job classification (within their department) become vacant. Such reinstatement shall be on the basis of Anaheim Police 4 Department seniority. 32.03 Whenever an employee whose position has been abolished cannot be reassigned to a vacant position within his department, he shall be reassigned by the Anaheim City Manager to any vacant position in any other division or department in his job classification or in an equivalent or lower job classification for which he meets the minimum qualifications for employment. If an employee is reassigned to a vacant position within his job classification in any other department, he shall retain his rate of pay. If an employee is reassigned to a vacant position in an equivalent or lower job classification in any other department, he may be placed in any salary step of the appropriate salary schedule that does not provide an increase in salary. Employees reassigned to vacant positions in an equivalent or 26 lower job classification in arty other department shall be reinstated to their former job classification and s;Aary step satus when positions in their former job classification (within their farmer dwpartment) become vacant. Such reinstatement shall be on the basis of Aliahuim Police Department seniority. 32.1 Whenever an employee whose position has been abolished is not reassigned to any vacant position, he shall be placed on the reemployment list for his job classification. Persons on the reemployment list shall be reemployed with their former salary step status when positions in their job classification (within the Anaheim Pcfice Department from which they were laid off) become vacant. Reemployment shall be on the basis of Anaheim Police Department seniority. 32.2 Whenever an employee is reassigned to a vacant position in the same classification, an equivalent classification, or lower classification as herein provided, he shall retain the same anniversary date for purposes of merit {gay increases. 32.3 Whenever an employee is reinstated to a vacant position in his former job classification, or reemployed as herein provided, his anniversary date for purposes of merit pay increases shall be the one (1) he had at the time he was laid off from the position. 32.31 An employee reinstated from the reemployment list shall be considered to have continuous service and may be credited with the amount of accumulated sick leave; he had accrued at the time of layoff if he elects to remit to ANAHEIM any payment received under the provNions of ARTICLE 42, SICK LEAVE. (a 32.4 The provisions of this Article shall apply only to regular, full-time employees in the classified service. Employees appointed to certain grant funded positions as designated by the Anaheim City Manager under ARTICLE 24.7 and newly hired probationary employees shall be excluded from the provisions of this Article. ARTICLE 33 TRANSFER 33.0 A voluntary change of an employee's place of employment from one (1) department to another shall be considered a transfer. A change of an employee's place of employment to a vacant position in a job classification on the same salary schedule as his own job classification shall also be considered a transfer. 27 33.01 A voluntary transfer from exie (1) department to another department shall require the approval of the head -af the department to which the employee is voluntarily transferring. Such a transfer shall be initiated by request of the employee to the Human Resources Director. 33.02 A transferred employee shall retain his rate of pay and his anniversary date for purposes of merit pay increases. 33.03 In order to be transferred to a job classification with minimum standards of employment substantially different from those of his own job classification, an employee shall be required to demonstrate his eligibility for employment in accordance with the provisions of ARTICLE 24. 33.1 Transfers for the betterment of employees and the best interests of ANAHEIM shall be encouraged by all echelons of management. ARTICLE 34 FUNSTATEMENT 34.0 An employee who terminates his employment in good standing may be reinstated to a vacant position in his former job classification within three (3) years of his termination date without re -qualifying for employment by competitive processes. 34.01 An employee reinstated within thirty (30) days of his termination date shall be considered to have continuous service and shall be credited with the amount of accumulated sick leave he had at the time of termination. He shall be placed in his former salary step and shall retain his anniversary date for purposes of merit pay increases. If his anniversary date has occurred during the period of his absence, his new anniversary date! shall be the first day of the next biweekly pay period following reinstatement. 34.02 An employee reinstated after thirty (30) days of his termination date may bo considered to have broken service for purposes of salary step status, and shall bo considered to have brokon service for all other employee benefits. 28 34.1 An employee may be reinstated under the provisions of the Vocational Rehabilitation Administrative Regulation to any vacant ficsition for which they meet the minimum qualifications. ARTICLE 35 'Va!)N -ARY DEMOTION 35.0 If an employee takes a voluntary demotion as a result of a downward reclassification of his position, his salary step status shall be iti accordance with the provisions of ARTICLE 17.4. 35.1 Voluntary demotions as a result of impending layoff shall be in accordance with the provisions of ARTICLE 32. 35.2 An employee may request a voluntary demotion for any reason. Such a voluntary demotion shall require the approval of the department head under whom the employee will serve and the Human Resources Director. An employee taking such a voluntary demotion may be placed in any salary step of the appropriate salary schedule that does not provide an increase in salary. He shall be given a new anniversary date for purposes of merit pay increases in accordance with provisions of ARTICLE 17.0. 35.21 Voluntary demotions in accordance with the Vocational Rehabilitation Administration Regulation shall be in accordance with the provisions of ARTICLE 35.2. 35.3 An employee who has taken a voluntary demotion to a lower job classification may be Isreinstated to a vacant position M his former job classification within three years of the effective date of the voluntary domotion without re -qualifying by competitive processes. 35.31 An employee reinstated tD his former job classification from a voluntary demotion shall retain his rate of pay. if his rate of pay is not included in the salary schedule of his former job classification, he shall be placed in the salary step of that salary schedule which is closest: to his rate of pay. He shall retain his anniversary date for purposes of merit pay inr;reases; however, if he is placed in the "A" or "B" step of the salary schedule, he shall be eligible for a merit pay increase after thirteen (13) complete biweekly pay periods or his regular anniversary date, whichever is sooner. 29 AKTICLE 36 BEREAVEMENT LEAVE 36.0 In the event a death or.curs iirl time 11nUi6diata family of a full-time employee, the employee shall be granted bereavement leave with pay for uta to a maximum of twenty-four (24) working hours. "Immediate family" shall be dafinod as any relative by blood or marriage who is a member of the employee's household, under th& same roof, and any parent, foster parent, stepparent, spouse, child, brother, or sister of the er,A.ployeu, or any parent, foster parent or stepparent of the employee's spouse, regardless of resident. 36.1 In the event of a death .-accurs arnonU other family members of an employee, the employee shall be granted bereavement leave with pay for up to a maximum of eight (8) eight hours. Other family members shall be defined as grandparent, grandchild, daughter-in-law, son-in-law not under the same roof of the employee; and any grandparent, grandchild, child, brother, or sister of the employee's spouse, regardless of residence. 36.2 Bereavement leave may be used only at the time a death occurs, or to make burial arrangements and/or attend funeral or memorial services. ARTICLE 37 HOLIDAY 37.0 The following days shall be recognized as holidays, and regular full-time employees shall have these holidays off with pay: January 1st, New Year's Day Third Monday in January, Martin Luther King's Birthday February 12, Lincoln's Birthday Third Monday in February, President's Day Last Monday in May, Memorial Day July 4th, Independence Clay First Monday in ;September, Labor Day September 9, Admission Day November 11, Veteran's Day Fourth Thursday in November, Thanksgiving Day Friday after Thanksgiving December 25th, Christmas Day 30 Every day designated by they Anaheirn City Council for a public feast, thanksgiving or holiday. 37.1 to the event that any of the above holldays fall on an employee's scheduled day off, said employee shall observe the preceding work day or the following work day as scheduled by the Chief of Police to provide maximum regular service to the public. 37.2 ANAHEIM and the APA agree that in the event that any recognized holidays falls on weekends, all field employees shall obsorve the same day. 37.3 An employee shall receive an additional eight (8) hours pay at his regular rate of compensation or shall accrue eight (8) hours holiday time for each holiday listed in this Article, providing said employee works on the holiday or day observed in lieu of the holiday. 37.4 An employee may request holiday time off. The granting of holiday time off shall require prior approval of the employee's supervisor and will be granted in accordance with the best interest of the ANAHEIM as determined by the Chief of Police. The maximum amount of holiday time off that may be taken at any given time shall be that amount that: has accrued to the employee concerned. The minimum amount of holiday time off that may be taken at any given time shall be one (1) hour. 37.5 Once each year an employee shall be compensated in cash by separate check at his current rate of pay for any holiday time off accrued but not taken at the close of the biweekly pay period that includes November 16. 37.6 Upon termination, an employee shall be compensated in cash at his current rate of pay for any holiday time off accrued but not taken. 37.7 In order to be eligible for holiday ;pay, an employee must be either at work or on paid leave of absence on the regularly scheduled work day immediately preceding the holiday or day, observed in lieu of the holiday and the regularly scheduled work day immediately following the holiday or day observed in lieu of the holiday. No employee who is on suspension or unpaid leave of absence on either the regularly scheduled work day immediately preceding or immediately following the holiday or day observed in lieu of the holiday shall receive compensation for said holiday or day observed in lieu of the holiday. 31 ARTICLE 38 INDUSTRIAL AgQ ENT LEAVE 38.0 In the event that any full-time employee is absent from work as a result of any injury or disease which comes under the State of'Caiifornia Worker's Compensation Insurance and Safety Act, such absence shall be considered to be Industrial Accident Leave. 38.1 Any employee on Industrial Accident Leave shall receive compensation from ANAHEIM in. _ an amount equal to the difference betwoon temporary disability payments mandated by the State of California Worker's Compensation Insurance and Safety Act and his regular basic rate of pay. 38.11 In the event that an employee who has received or is receiving Industrial Accident Leave benefits files a civil legal action against a third party for allegedly causing or contributing to the cause of the injury which resulted in the absence from work, the employee is required to inform the Risk Management Department of the filing of such Legal action. 38.2 Industrial Accident Leave shall `begin on the first day of such absence as defined in ARTICLE 38.0. 38.21 Industrial Accident Leave shall continue during all absences due to a single injury, but not to exceed one (1) year of accumulated absence. 38.22 Industrial Accident Leave benefits provided by this Article shall apply to each injury or disease as defined in ARTICLE 38.0. 38.23 The effective date of a permanent disability rating as awarded by the Worker's Compensation Appeals Board ends eligibility for Industrial Accident Leave for that particular injury or disease. 38.24 A written statement from the treating physician that the employee's condition is permanent and stationary or separation from ANAHEIM service ends eligibility for Industrial Accident Leave for that particular injury or disease. 38.25 Industrial Accident Leave for absence due to injury or disease as defined in this Article shall be granted to employees only upon presentation of a physician's certificate of treatment. 38.3 No employee shall have accrued 'sick leave deducted while on Industrial Accident Leave. Vacation and sick leave shall continue to accrue for any employee on Industrial Accident Leave in accordance with the provisions of ARTICLE 42 and ARTICLE 43. ARTICLE 39 JURY DUTY -AND COURT APPEARANCES 39.0 In the event any full-time employee is duly summoned to any court for the purpose of performing jury duty, he shall receive his regular compensation for any regularly scheduled working hours spent in actual performance of such service. 39.01 Whenever an employee is duly summoned to appear as a witness in an action arising out of his employment adverse to ANAHEIM, except where the employee is a litigant or a defendant in a criminal case brought about as a result of his own misconduct, he shall receive his regular compensation for any regularly scheduled working hours spent in actual performance of such service. 39.02 Whenever an employee Is summoned to appear as a witness for court matters within the scope of his er•,nployment, he shall be compensated in accordance with provisions concerning compensation for normal performance of duties. • 39.03 Employees receiving witness fees shall remit such fees to the Collection Officer in order to be considered at work for payroll purposes during time spent as such witnesses. ARTICLE 40 LEAVE WITHOUT PAY 40.0 Any employee who is absent from work and who is not on leave with pay shall be considered to be on leave without pay. 40.01 An employee on leave without pay shall receive no compensation and shall accumulate no vacation or sick leave while on such leave. 33 40.02 An employee who has no od to ace absent from work and who is not eligible for leave with pay may requwit to be placed on leave without pay. Leave without pay for a period not to excried forty (40) working hours may be granted by the employee's division heart. Leave without pay in excess of forty (40) hours shall require the approval of the Chief of Police. 40.03 In the event that leave without pay is granted an employee for reasons of non -job related illness or physical incapacity due to non -job related illness or injury, ANAHEIM shall continue to pay for any hospitalization and major medical insurance previously paid for by ANAHEIM for a maximum of twenty-four (24) complete months. ANAHEIM shalt waive the payment of employee premiums for any ANAHEIM sponsored medical, dental and life insurance benefit plans for a maximum of twenty-four (24) complete months. 40.04 In the event that leave without pay is granted an employee for an absence due to a disputed or accepted workers compensation illness or injury. ANAHEIM shall continue to pay for any ho!;pitalization and major medical insurance previously paid for by ANAHEIM for a maximum of one (1) year. ANAHEIM shall waive the payment of employee premiums for any ANAHEIM sponsored medical, dental and life insurance benefit plans for a maximum of one (1) year. 40.05 An employee who is absent from work for a period of (1) one year on leave without • pay shall be separated from service; provided however that an employee who is absent from work as a result of a disputed workers compensation illness or injury shall not be separated until he has been absent for two (2) years. An employee separated under the provisions of this Article shall be eligible for reinstatement pursuant to ARTICLE 34, REINSTATEMENT. No psychological evaluation will be required. An employee separated under the provisions of this Paragraph will not have his eligibility or benefits changed under the Long Term Disability Plan. 40.06 An employee returning to work from leave without pay shall be placed in the same salary step he was in prior to such leave. If such leave was in excess of two complete biweekly pay periods, the employee's anniversary date for purposes of merit pay increases shall be changed to conform with the provisions of ARTICLE 17.0 provided that he returns to a position in the same job class. If he returns to 34 a position in a lower Joh cias-s, his salary step status shall be determined in accordance with the provisions of ARTICLE 35. ARTICLE 41 MILITARY LEAVE 41.0 ANAHEIM'S policy relating to military leave and compensation therefore, shall be in accordance with the provisions of the Military and Veterans Code of the State of California, (Section 395) and with all Federal provisions (Public Law 93-508). ARTICLE 42 SICK LEAVE 42.0 Employees shall accrue annual sick leave with pay in accordance with the following provisions: 42.01 Regular, full-time employees with an average regular workweek of forty (40) hours shall accrue paid sick leave at the rate of three (3) hours for each complete biweekly pay period. 42.02 Paid sick leave shall continue to accrue in accordance with the above provisions during any period of leave with pay except that Public Safety employees who remain on Industrial Accident Leave in accordance with ARTICLE 38 Industrial Accident Leave after exhausting State mandated 4850 benefits shall accumulate no 0 Sick Leave. 42.03 An employee requesting sick leave for an absence from work as a result of any injury or disease which comes under the State of California Worker's Compensation Insurance and Safety Act after eligibility for Industrial Accident Leave has ended shall receive maximum compensation from ANAHEIM in an amount equal to the difference between temporary disability payments mandated by the State of California Worker's Compensation Insurance and Safety Act and his regular basic rate of pay. 42.1 Each employee shall have one (1) hour deducted from his accrued sick leave time for each hour of sick leave taken. The minimum :amount of Sick Leave that may be taken at any given time shall be one (1) hour. 35 42.2 Sick leave that is accrued, but im't taken, sh_ail be accumulated. 42.21 Regular, full-time employ ues with an average regular work week of forty (40) hours shall be paid at their regu'*;ar hourly rate of pay for all hours accumulated beyond one hundred seventy-five (175) in each calendar year. Payment shall be made in January of each year, or upon the employee's termination of employment for any reason. A maximum of on« hundred seventy-five (175) hours shall carry over from year to year. 42.22 ANAHEIM shall pay to an employee upon the .employee's termination of employment due to retirement in accordance with Article 58 or layoff in accordance with Article .32, all hours accumulated up to the maximum of one hundred seventy-five (175) hours that may be carried over from year to year. If an employee dies while employed, ANAHEIM shall pay to his/her beneficiary, as designated by the Public Employee's Retirement System records, the cash equivalent of all hours acr;umulated up to the maximum of one hundred seventy- five (175) hours that may .be carried over from year to year. 42.3 An employee who has completed six (6) months as a regular full-time employee and is continuously and totally disabled for more than one (1) calendar month, shall receive a short term disability benefit of net sixty percent (60%) of his base rate of pay, after withholding taxes, and less deductible benefits. Such disability benotit shall continue during total disability up to a maximum of six (6) months from date of disability. Upon completion of thirty (30) and/or ninety (90) days of absence while receiving short term disability benefits, an employee shall be required to undergo a physical examination by the treating physician or medical practitioner and shall submit a report of such examination explaining the nature and extent of the disabling illness or injury and the prognosis and date of expected return to work. Short term disability benefits shall continue beyond sixty (60) and/or one -hundred twenty (120) days of absence only upon submission of the report of physical examination by the troating physician or medical practitioner. 42.31 Deductible benefits include salary or other compensation paid by any employer; Worker's Compensation Act or similar law including benefits for partial or total disability, whether permanent or temporary if benefits being received are for the current disabling condition; a pension plan toward which ANAHEIM contributed. 36 42.32 Total disability means an, aniployou's complete inability to engage in his regular occupation. 42.33 Benefits are not payable unless the employee is regularly seen and treated by a licensed physician or medical practitioner who certifies to the continuing disability. 42.34 ANAHEIM shall waive tho payment of employee premiums for any ANAHEIM sponsored medical, dental and life insurance benefit plans during any biweekly pay period during which short; term disability benefits are paid. 42.4 In the event that any paid holiday occurs during a period when any employee is on paid sick leave, the holiday shall not be charged against the employee's accrued sick leave. The only sick leave hours that shall be charged against any employee's accrued sick leave shall be those hours that the employee is regularly scheduled to work. 42.5 An employee eligible for paid sick leave shall be granted such leave for the following reasons: 42.51 Illness of the employee or physical incapacity of the employee due to illness or injury. 42.52 Enforced quarantine of the employee in accordance with community health ® regulations. 42.53 Medical and dental appointments during work hours. Use of sick leave for scheduled medical and dental appointments shall require prior approval of the employee's supervisor and shall be granted in accordance with the best interest of ANAHEIM and the employee's department or division. 42.54 Temporary disabilities caused by pregnancy and childbirth. 42.55 Illness of the employee's immediate family. 37 42.6 An employee who cannot perform+ his assigned duties due to illness or physical incapacity shall inform his immediate supervisor of th a fact and the reason therefore as soon as possible. Failure to do so within a reasonable timer may be cause of denial of sick leave with pay. 42.7 In the event that an employee is absent on sick leave in excess of twenty-four (24) consecutive working hours, the Chiof of Police or division head may require that the employee submit to him a written statement by a physician licensed by the State of California certifying that the employee's condition prevented him from performing the duties of his position. Failure on the part of the employee to comply with such a requirement may be considered for disciplinary action. 42.8 In the event that an employee becomes ill during working hours and is placed on paid sick leave prior to the close of the work day, such paid sick leave shall be calculated to the nearest hour. 42.9 Effective December 19, 1980, acc-ued sick leave hours shall be entered in a new sick leave plan and regular full-time employees with an average regular work week of forty (40) hours who were employees as of that date shall have up to one hundred seventy-five (175) hours transferred to the usable sick leave account. The remainder (over 175 hours) shall be credited as follows: seventy-five percent (759'x) to be reported as service credit at retirement; twenty-five percent (25%) converted to cash value at the employee's current (December 19, 1980) regular hourly rate of pay and paid with interest at retirement, layoff or to his beneficiary, as designated by Public Employee's Retirement System records if the employee dies while employed. 42.91 Employees hired before November 1, 1985, who retire in calendar year 1984, or thereafter shall receive service credit for all hours up to one hundred and seventy-five (175). 42.92 An employee who has more than five (5) years of continuous City service and is age 50 or older may elect once each calendar year to receive all or a portion of his Employee Sick Leave Trost Fund amount. When requested, such payments may be diverted to the employee's Deferred Compensation account, within limits established by law or paid in cash by separate check subject to standardized withholding taxes. When partial payment is requested, the amount shall not be less than 25% of the balance, and a maximum of four (4) such partial payments shall be 38 allowed with the fourth paymerst paying the entire remaining balance In the account. 42.10 If two or more periods of total disabiHil occur during a specific six-month elimination period for the insured LTD plan, all such periods shall be considered as one period of continuous total disability under the following conditions: 42.101 All periods of total disability must be due to the same cause or causes; and 42.102 All recurring pedods of total disability that quality as one period of continuous total disability for the insured LTD plan, shall qualify as one (1) isperiod of continuous total disability for the Short Term Disability Plan and shall not require a new one-month waiting period before Short Term Disability Benefits shall be paid; and 42.103 Commencement of the benefit period for the insured LTD plan shall automatically terminate benefits from the Short Term Disability Plan. ARTICLE 43 VACATIONS 43.0 Regular, full-time employees with an average regular work week of forty (40) hours shall receive annual vacation with pay in accordance with the following provisions: • 43.01 For the first four (4) years of continuous, full-time service such employees shall accrue paid vacation at the rate of three (3) hours for each complete biweekly pay period plus two (2) hours of paid vacation at the close of the final complete biweekly pay period of each fiscal year (eighty (80) hours or ten (10) working days a year). 43.02 Upon completion of four' years of continuous, full-time service such employees shall accrue paid vacation at the rate of four (4) hours for each complete biweekly pay period (one hundred four (104) hours or thirteen (13) working days a year). 39 43.03 Upon completion of eight ;rears of continuous, full-time service, such employees shall accrue paid vacatio:t at the rate of five (5) hours for each complete biweekly pay period (one hundred thirty (130) hours or sixteen and one fourth (16.25) working days a year). 43.04 Upon completion of fourteen (14) years of continuous full-time service such employees shall accrue paid vacation at the rate of six (6) hours for each complete biweekly pay period (one hundred fifty six (156) hours or nineteen and one half (19.5) working days a year). 43.05 Upon completion of nineteen years of continuous, full-time service, such • employees shall accrue paid vacation at the rate of seven (7) hours for each complete biweekly pay p4oriod (one hundred eighty-two (182) hours or twenty-two and three fourths (22.75) working days a year). 43.1 Paid vacations shall continue to accrue in accordance with the above provisions during any period of leave with pay, except that employees who remain on Industrial Accident Leave in accordance with ARTICLE 38 - INDUSTRIAL ACCIDENT LEAVE after exhausting State mandated 4850 benefits shall accumulate no vacation. All vacations shall be scheduled and taken in accordance with the best interests of ANAHEIM and the Anaheim Police Department in which the employee is employed. The maximum amount of vacation that may be taken at any given time shall be that amount that has accrued to the employee concerned. The minimum amount of vacation that may be taken at any given time shall be one (1) hour. 43.2 An employee shall be eligible to take any accrued vacation upon completion of thirteen (13) continuous biweekly pay periods of service. 43.3 Each employee shall have one (1) hour deducted from his accrued vacation time for each hour of vacation taken. Vacation which is accrued, but not taken, shall be accumulated. 43.4 Maximum vacationaccumulationr;forempioyeeswithanaverageregularworkweekofforty (40) hours shall be as follows: 40 43.41 For employees accruing vacation at the rate of eighty (80) hours for every twenty-six (26) complete tivteekiy pay periods, the maximum amount of vacation that may be accumulated .slxali be one hundred sixty (160) hours. 43.42 For employees accruing vacation at the rate of one hundred four (104) hours for every twenty-six (26) complate biweekly pay periods, the maximum amount of vacation that may be accumulated shall be two hundred eight (208) hours. 43.43 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 acct.tmulated shall be two hundred sixty (260) hours. 43.44 For employees accruing vacation at the rate of one hundred fifty-six (156) hours for every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be three hundred twelve (312) hours. 43.45 For employees accruing vacation at the rate of one hundred eighty-two (182) hours for every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be three hundred sixty-four (364) hours. 43.5 Upon termination, an employee shall be compensated in cash at his current rate of pay for any vacation accrued but not taken, provided that he has successfully completed thirteen (13) • weekly pay periods of service. 43.6 In the event that any recognized holiday occurs during any employee's vacation, the holiday shall not be charged against the employee's accrued vacation. The only vacation hours that shall be charged against any employee's acct ued vacation shall be those hours that the employee is regularly scheduled to work. 43.7 An employee shall be eligible on an annual basis to be compensated at his regular rate of pay for up to one (1) week (40 hours) vacation accrued but not taken, subject to the following provisions: 43.71 A minimum of eighty (80) hours of vacation must have been used during the previous payroll year. 41 43.72 An employee's request for the avnuai vacation payoff is subject to the approval of the employee's department head. 43.73 Payment shall be made in January of each year. ARTICLE 44 GENERAL. OVER ME 44.0 A full-time employee who performs authorized work in excess of his normal work period, regular work week, work day or shift shall be compensated for such work at the rate of one and one-half ('h) times his regular hourly rate of pay. 44.01 Overtime shall be calculated to the nearest one- quarter hour of overtime worked, except any overtime of leas than one-half ('h) hour duration shall be calculated to the nearest one-half (1/2) hour. 44.02 All overtime must be authorized by the appropriate division head. 44.03 Compensatory time at the overtime rate for employees may be authorized by the appropriate supervisor in lieu of pay on the basis of the best interests of the Anaheim Police Departmerit and ANAHEIM, but, the employee shall have the option of being paid in cash for any overtime work performed, or accepting the half time portion in pay and accumulating the straight time. He shall also have the option of accruing up to a maximums of eighty (80) hours compensatory time per year. Such compensatory time shall be paid off to a balance of forty (40) hours on the last payday in June of each year. A terminating employee shall be compensated at his current rate of pay for accrued compensatory time. 44.04 Notwithstanding the abovo overtime provisions, there shall be no compensation for the time spent in attending meetings of any kind which are for the purpose of education or training. 44.1 The job classes of Police Sergeant - Special Events and Police Sergeant- Special Events PA shall be exempt from the above overtime provisions when performing any duties related to the Special Events assignment during the sixth or seventh days in a work week. These job classes 42 shall be designated in the resolution est.,iblis ging rates for job classes by an "X" before schedule numbers. Exempt compensatory time off (rat the rate of straight time) or overtime at the rate of time and one-half at the employees election for overtime worked by employees during the sixth or seventh days in a work week in these job classes may be authorized and administered by the Chief of Police. Exempt compensatory t;me off shall be authorized during a partial work day or shift absence when the employee is no lander eligible to receive any other authorized paid leave. 44.2 Employees assigned to work ovortirne for which ANAHEIM is reimbursed shall not be allowed compensatory time for such work but shall be compensated at the appropriate overtime rate of pay. • 44.3 ANAHEIM and the APA agree that overtime assignments to Police Sergeant positions for which Anaheim is reimbursed shall be made to the following groups in the following order: 1. Current Police Sergeants Employees currently employed as Police Sergeants who voluntarily request an assignment to work overtime at such events. 2. Police Lieutenants/Police Captains Management employees who voluntarily requested an assignment to work overtime at such events after the primary group has been depleted. At such times as management employees work events under the provisions of this Article, they shall be paid 1 'h times the hourly rate of Police Sergeant Post Advanced "E" step. 3. Police Sergeants Ordered to Work Employees currently employed as Police Sergeant who are ordered to work the event. ARTICLE 45 BILINGUAL PAY 45.0 Employees required to speak, road and/or write 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 sixty dollars ($60.00) per biweekly pay period in addition to their regular pay. 43 45.01 The Chief of Police shall resit;nate v:Ihich positions shall be assigned bilingual duties and shall determine which languages where there is a substantial non-English speaking population in the community shall be eligible for Bilingual Pay. 45.02 The Human Resources Director shall conduct a test of competency for employees whose positions have be+in assigned bilingual duties to certify these employees eligible for Bilingual Papp, except that operating departments with authorized bilingual certifiers may conduct their own test of bilingual competency and notify the Human Resources Director of the outcome of the test. 45.03 Bilingual Pay eligibility shall continue in accordance with the above provisions during any period of leav-a with pay. 45.1 ANAHEIM agrees that no employao shall be required to take the test of competency and receive Bilingual Pay. ARTICLE 46 CALL -OUT 46.0 Call out compensation shall be in accordance with the following provisions: 46.01 All emergency call -out time shall be calculated to the nearest one-quarter ('k) hour 19 of time worked. 46.02 When an employee is called out for emergency work, he shall be paid at the rate of one and one-half ('h) times his regular rate of pay for such emergency work. 46.03 A minimum of two (2) hours (including travel time) of pay at the rate of one and one-half times the employee's regular rate of pay shall be guaranteed for each emergency call out 46.04 Forty-five minutes time shall be added to the time worked to compensate the employee for travel time incurred for each emergency call out 44 46.05 Employees subpoenaed to appear during off-duty hours as a prosecution witness for court matters within 1:he scope of their employment and who receive such subpoenas after 5:00 PM of the calendar day prior to the date of court appearance shall receive overtime compensation according to emergency call out provisions. 46.06 Employees subpoenaed tx, appear during off-duty hours as a prosecution witness for court matters within the scope of their employment and who receive such subpoena before 5:00 PM the calendar day prior to the date of court appearance shall be compensated at the appropriate rate of pay. 46.1 A minimum of two (2) hours pair at the rate of one and one-half times the employee's regular rate of pay shall be guaranteed for planned overtime, except when such overtime occurs immediately before or after a regular work period. ARTICLE 47 UNIFORM PATROL - GRAVEYARD SHIFT DIFFERENTIAL 47.0 An employee assigned to uniform patrol who works a shift that includes any of the six hours between 2400 (12:00 midnight) and 0600 (6:00 a.m.) shall be eligible to receive uniform patrol graveyard shift differential pay for those regular hours worked. 47.01 A premium of 2.0% of the employee's regular hourly rate of pay shall be paid for work performed in the graveyard shift. is47.02 Graveyard shift premium shall be payable only for regular shift hours actually worked and shall not be paid for overtime or non -work time, such as vacations, holidays, sick leave, etc. 47.03 An employee eligible to receive uniform patrol graveyard shift differential who is temporarily upgraded to Police Lieutenant shall be eligible to receive graveyard shift differential pay while temporarily upgraded. ARTICLE 48 SPECIAL ASSIGNMENTS 48.0 A Police Officer assigned to Accident Investigation will be classified as a Police Officer - Detective/Investigator after one complete consecutive year in this assignment. 45 48.1 Effective June, 1993 a Police Officer or Poilce Sergeant assigned to special assignment duty outside the patrol division as of the ead of the pay period including June 15th, shall receive an annual special assignment payment of $500. ARTICLE= 49 5HHQE,T SHIFT CHANGE 49.0 Short shift change as defined herein shall be compensated at the rate of one and one-half ('h) times the employee's regular hourly rate of pay. 49.01 The first workday on a new schedule after transfer from one schedule of working days to another without riotification of such transfsr at the least twenty-four (24) 40 hours in advance of the starting time of the new schedule. 49.02 The first shift after transfer from one eight (8) hour working shift to another without notification of such transfer at least twenty-four (24) hours in advance of the starting time of the new shift. 49.03 Whenever required to trasisfer from one schedule of working days to another with but eight (8) hours off between shifts more than once in a work week. 49.04 No overtime compensaticn shall be paid for any hours worked on a second shift in any twenty-four (24) hour period, which hours are worked as a result of the regular shift rotation or which hours are worked as a result of shift changes or changes in days off mutually agreed upon by employees for their convenience. Any changes in days off must be in they same work week. ARTICLE 50 STAND BY 50.0 An employee assigned to standby duty for purposes of being on call to handle emergency situations arising at times other than during normal working hours shall be guaranteed two (2) hours of pay at his regular hourly rate of pay for each calendar day of such standby duty. 50.1 In the event, a Detective/investigator is assigned on call to handle emergency situations arising at times other than during normvi working hours he shall be guaranteed two (2) hours of pay at his regular hourly rate of pay for each complete calendar week of such on call duty. 46 ARTICLE 51 TRAVEL AND MILEAGE EXPENSES 51.0 Travel expense allowance for employees while on ANAHEIM business shall be provided in accordance with regulations establishc d by the Anaheim City Manager and/or the Anaheim City Council. 51.1 Anaheim's Mileage Reimbursement rate will be the maximum mileage allowance established by the Internal Revenue Sen -,ice for which an employee does not have to account to his employer for business transportation expenses. 51.2 Any Increase or decrease shall be effective the first day of the second month after the date of publication by the Internal Revenue Service. ARTICLE 52 K-9 - UNIT 52.0 Officer Selection 52.01 The Anaheim Police Department shall determine the standards and procedures for selection of officers assigned to the K-9 Unit. 52.1 Compensation 52.11 Premium and call out compensation shall be in accordance with the provisions of ARTICLES 44 and 46. 52.2 Conditions of Assignment 52.21 Officers selected for the K.-9 Unit shall agree to a two (2) year minimum assignment to the K-9 Unit. 52.22 K-9 officers shall reside within 30 minutes normal driving time from the Police Department. 52.23 K-9 officers shall have the approval of all family members living in the same household and all adjaceit neighbors to participate in the K-9 Unit. 52.24 ANAHEIM shall be responsible for constructing a dog house and run on the K-9 officer's property. 47 • 52.25 K-9 officers shall live in a single-family dwelling. If renting or leasing the officer shall have a long-term agniang.-LAM and written permission of the property owner to house the dog. 52.3 Program Operation 52.31 Equipment Assignment. 52.311 K-9 off icern shall be permanently assigned a squad car, hand-held radio and a� charger which will be kept at the officer's home when not on duty. 52.312 Such general training and handling equipment as required to maintain the dog in first-rate condition shall be provided by the Anaheim Police Department. 52.32 Care of the dog 52.321 The Anaheim Police Department shall provide necessary veterinariaTi visits on duty or officer shall be compensated at the appropriate overtime rate of pay for off-duty visits in accordance with Article► 44 General Overtime. 52.322 The Anaheim Police Department shall provide dog food and feeding utensils. 52.323 During K-9 officer vacations, the dog shall be housed with another K-9 Unit or at a kennel, at the discretion of the Anaheim Police Department. Kennel boarding expenses shall be borne by the Anaheim Police Department. 52.324 K-9 officers shall be responsible for providing general care for the dog, ensuring that the animal is in good health and fit for duty. 52.4 Training as directed by the Anaheim Police Department shall be conducted while the officer is on duty. Overtime training shell be compensated at the regular overtime rate of pay in accordance with ARTICLE 42, GENERAL, OVERTIME. 48 ARTICLE 53 ME'. AL ALLQAJgCE 53.0 ANAHEIM shall provide an employee adequate meals under the following conditions. 53.01 An employee shall be provided with two adequate meals if he is called out on emergency overtime work one (1) or more hour before a scheduled work day. If a meal has been earned under another section of this rule within two (2) hours of the scheduled work day, only one meal shall be provided under this section. 53.02 An employee will be provided one meal if he is called back to emergency overtime work within one and one-half (1 1) hours after normal quitting time and works 0 beyond two and one-half (2 'h) hours after normal quitting time. 53.03 An employee shall be provided an adequate meal if he works two (2) hours or more overtime beyond the normal quitting time. 53.04 An employee shall receive} one meal if he is scheduled to work overtime two (2) hours or more before a regular day. 53.05 An employee shall be provided an adequate meal at four (4) hour intervals during the performance of emergency overtime work. 53.06 Mealtime shall be comperisated at the appropriate overtime rate and shall normally be limited to one-half ('h) flour with a maximum limit of forty-five minutes paid meal time. 53.07 An employee may at his roquest, be compensated for meals at the rate of one-half ('h) hour of overtime pay per meal. ARTICLE 54 N41SCELLANEOUS 54.0 Motorcycle and Vice, Narcotics, Criminal Intelligence employees shall not be granted travel time when driving an ANAHEIM City vehicle to and from work. 49 54.1 Uniformed personnel of the Police Department and certain other designated personnel shall be furnished uniforms in accordant -e with regulations established by the Chief of Police. 54.2 ANAHEIM agrees that employees assigned to uniformed work units may elect to wear long sleeve or short sleeve uniform shirts at the employee's discretion. For special events such as parades, concerts, funerals, etc. the Chief of Police may designate the appropriate uniform to be worn. ARTICLE 55 POLICE OFFICER TRAINEE 55.0 ANAHEIM and the APA agree that employees hired into the Police Officer Trainee classification shall be members of the "miscellaneous" retirement plan rather that the "Safety" formula. Upon satisfactory completion of basic recruit training, Police Officer Trainees shall be promoted to Police Officer (Safety Plan). 55.1 ANAHEIM and the APA agree that when seniority is used in Uniform Patrol to determine shift assignment, or days off preference, the seniority date shall be determined by the following provisions. 55.11 Employees who were hirttd on or before July 2, 1992, shall use their hire date as the seniority date. 55.12 Employees who were hirod on or after July 3, 1992, shall use their sworn in date as the seniority date. Sworn in date is defined as the date an employee receives a badge, including badge number and receives a formal letter of appointment by the Chief of Police. 55.13 Should two or more employees share the same seniority date, preference shall then be established by the alphabetical listing of surnames. ARTICLE 56 ADMINISi RATIVE LEAVE WITH PAY 56.0 Employees in classifications listed in Appendix "A" may be placed on Administrative Leave with pay at the discretion of Police Department management with the concurrence of the Anaheim City Manager under the following circumstances: 50 56.01 Officers involved in shoot fig. 56.02 Officers suspected of wrongful acts at such times as the best interests of ANAHEIM are served by keeping such officers away from the workplace. ARTICLE 57 GRIEVANCES GENERAL 57.0 Any alleged violation of the terms and conditions of this Agreement or any alleged improper treatment of an employee, or any alleged violation of commonly accepted safety practices and procedures shall be con<ildered to be a matter subject to review through the grievance procedure and settled in accordance with the provisions of this Article. 0 57.01 Article 31.4 provides for an accelerated procedure under the provisions of this Article when an employee is dismissed. 57.1 Any violation of this Memorandum as alleged by ANAHEIM shall be resolved between authorized representatives of ANAHEIM and the APA. In the event that the parties cannot resolve the dispute, the dispute shall, upon the request of either party, be referred to the arbitrator for a final and binding decision. 57.2 All expenses of any arbitration shall be borne equally by ANAHEIM and the APA. 57.3 Employee grievances shall be handled in the following manner: 57.31 First Step. An attempt shall be made to adjust all grievances on an informal basis between the employee and/or his designated representative and a supervisor in the employee's chain of command, up to and including his division head, within ten (10) calendar days after ti ke occurrence of the incident involved in the grievance. The division head shall deliver his answer within five (5) working days after submission of the grievance to him. 57.311 Grievanceti resulting from the actions of a department other than an employees work unit shall be heard by an appropriate Administrative Manager from that department. 51 57.32 Second Step. If the grieva tce is not satisfactorily adjusted in the First Step, it shall be submitted in writing to I tie Chief of Police within ten (10) calendar days after the division head's answer is received by the employee and/or his designated representative. The Chiof of Police shall meet with the employee and/or his designated rep rose ntativc within ten (10) working days after submission of the grievance to him. The Chief of Police shall review the grievance and may affirm, reverse, or modify as he deems appropriate, the disposition made at the First Step and shall deliver his answer to the employee and/or his designated representative within five (5) working days after said meeting. 57.321 Grievances resulting from the actions of a department other than an employees work unit shall be heard by an appropriate Administrative or Executive Manager from that department. 57.33 Third Step. If the grievance is not satisfactorily adjusted in the Second Step, it shall be submitted to an impartial arbitrator for a final and binding decision (or, if the Anaheim City Manager and the employee and/or his designated representative agree, it shall be submittod to the Anaheim City Manager for a final and binding decision). Such submission must occur within thirty (30) calendar days after the Chief of Polices' answer is received. 57.331 The partiori. (ANAHEIM and APA) may mutually 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. 57.34 If submitted to the Anaheim City Manager, the Anaheim City Manager or his assistant shall meet with the employee and/or his designated representative within ten (10) working days after submission of the grievance to him. The Anaheim City Manager or his assistant may affirm, reverse, or modify as he deems appropriate, the disposition made at the Second Step. 57.35 The Anaheim City Manager or his assistant shall deliver his decision to the employee and/or his designated representative within five (5) working days after said meeting, and such decision shall be final and binding on both parties. 52 57.4 In order to request arbitration, either party shall serve written notice to the other party specifying the grievance to be submitted, The parties shall thereafter attempt to resolve the issue and select the arbitrator. If such written notification and selection of the arbitrator is not completed within thirty (30) calendar days after ilia Chief of Polices' answer is received by the employee and/or his designated representative, then either party may take action to compel arbitration. Failure to take action to compel arbitration within thirty (30) additional calendar days shall conclusively be deemed abandonment of the right to compel arbitration. 57.41 The arbitrator's decision shall be final and binding on both parties, it being agreed that the arbitrator shall have no powers to add to or subtract from nor to modify any of the terms of any Memorandum of Understanding between the parties and that the arbitrator's award shall be consistent with and controlled by this Memorandum, 40 Ordinances and Charter of Anaheim, and the laws and Constitution of the State of California. 57.42 The arbitrator shall be requested by the parties to render his decision in writing as quickly as possible but io. no event later than thirty (30) days after the conclusion of the hearings, unless the parties agree otherwise. 57.5 Any grievance not presented and/or carried forward by the employee and/or his designated representative within the time limits specified in this Article shall be deemed null and void, provided, however, the employee and/or his designated representative and the ANAHEIM 0 representative may agree to continue said time limits. 57.6 Any adoption, deletion, or revision of ANAHEIM policy as may be suggested or recommended by any employee or employee organization shall not be considered to be a matter subject to review through the grievance procedure. 57.7 An employee who has been suspended, dernoted, or dismissed may be reinstated to his position as a result of a successful appeal through the grievance procedure. In the event of such reinstatement, the employee shall be returned to his former status of employment, including reinstatement of seniority and accrued fringe benefits. In cases heard by the Anaheim City Manager, the Anaheim City Manager shad order the payment of back pay to a reinstated employee in any amount provided for in said award. In implementing an arbitrator's award, the Anaheim City Manager shall order the payment of back pay to a reinstated employee in the amount provided in 53 the arbitrator's award. It shall be conclunively presumed that there is no award of back pay to a reinstated employee unless specifically seat forth in the written order of the Anaheim City Manager. Any earnings of the reinstated employee Irom other employment during his period of suspension shall be deducted from the amount of back pay ordered by the Anaheim City Manager. 57.8 Employees shall have the right UP be represented in grievance matters in the following manner: 57.81 Employees shall have the right to represent themselves individually in grievance matters. 57.82 Employees may designate a representative to represent them in grievance matters. • 57.83 No supervisor shall be represented in grievance matters by an employee whom he may supervise. 57.84 No employee shall be represented in grievance matters by a supervisor for whom he may work. 57.9 ANAHEIM and the APA agree that a member of the Board of Directors of the APA may represent in grievance matters an employee whom he may supervise or an employee for whom he may work, except when the member of the Board of Directors is a party to the grievance. ARTICLE 58 INSURANCE 58.0 Active Employees 58.01 Health Plans 58.011 58.012 ANAHEIM agrees to sponsor prepaid and/or insured health plans recommended by the Joint Committee on Medical Programs and sponsored by the Anaheim City Council. ANAHEIM shall contribute towards the monthly cost of health coverage lo the various medical plans as follows: July 3, 1992 through June 30, 1994 Employee Medical Pian not to exceed 110% of Kaiser 54 monthly rate. AU ",)f eOr :Plans not to exceed 100% 0. Kaiser monthly rate. July 1, r b., th-rough rsmaln6ar of they tsrm of this Memorandum ANAriEIM acid the APA agree to re-opon the provisions of Articlu 58.01 nes Ntcr than April 1, 1994 with agreed upon char,gas to be effective July 1, 1994. 58.013 The City Vedicai Plan shall be described in a booklet which shall becoma a pa,t of this Memorandum by referenco. Changes recommended by the Joint Committee on Medical Programs and approved by the Anaheim City Council shall also become a part of this Memorandum by reference. 58.014 For all medical pians, married ANAHEIM employee couples shall be allowed only one medical plan and only one dental plan to cover all family members, and married ANAHEIM employee couples covered by one plan shall pay no health insurance premium while both spouses are employed by ANAHEIM. 58.015 Proof of marriage shall be required of all employees enrolled in any City Medical plan to enroll a dependent spouse after February 1, is 1984. 58.016 The Master contract between ANAHEIM and the plan administrator shall govern in the event of any disputes over any matter within the provisions of the contract. 58.017 The benefit schedules for the prepaid HMO health plans shall not be modified unilaterally by ANAHEIM, except that each company may, from time to time, make revisions to the master contract language or impose: minor benefit modifications. If an imposed benefit modification results in a monthly fee increase, the cost-sharing provisions of this Memorandum in effect on the date the fee increase is etfective shall be applied to the new fees. 55 • • 58.018 in the event that eligible survivors of an employee who died as the direct and proximate result of personal injury sustained in the line of duty elect to continue health benefit coverage under COBRA, ANAHEIM : hail continue to pay for any hospitalization and major medical in:-urance previously paid for by ANAHEIM for a maximum of thirty-six (36) complete months or until survivors are eligible for health benefit coverage by another employer, whichever occurs first. 58.02 Life Insurance 58.021 ANAHEIM agrees to contribute to the APA Life Insurance Trust Fund $8.00 per month per employee during the term of this memorandtim. 58.022 The APA Life insurance Trust Fund shall purchase and provide life insurance for its active employee members and their enrolled dependents in amounts according to the following schedule: ANNUAL. WAGE $10,000 brat less than 15,000 bi.it less than 20,000 ailid over Dependent: coverage for spouse and each dependent 5 years to 19 years of age Dependents less than 5 years old Birth to 6 months 6 months but less than 2 years 2 years but less than 3 years 3 years but less than 4 years 4 years but less than 5 years 56 AMOUNT OF LIFE INSUI: PNCE $15,000 $20,000 $25,000 $ 1,000 $ 100 $ 200 $ 400 $ 600 $ 800 58.023 An employee who retires shall receive a paid-up life insurance policy, paiel for wholly by ANAHEIM, with a face value of $100.00 for each complete year of service and $50.00 for more than six months, but less than a complete year of service up to a maximum of $2,000.00. 58.024 ANAHEIM shall pay a $10000 death benefit in addition to other life insurance and death benefits to the eligible survivors of an employee who died as the direct and proximate result of personal injury sustained in the line of duty. 58.03 Long Term Disability BenKafi s 58.031 ANAHEIM igrees to pay the cost of long term disability insurance premiums during the term of this Memorandum. 58.032 ANAHEIM shall pay the premium for employee group long term disability insurance coverage in accordance with the provisions of any contract between ANAHEIM and any company or companies providing ^such coverage. 58.033 ANAHEIM shall only provide long term disability for nonoccupationai disabling conditions, commencing February 1, 1884, provided however, #hat employees who apply for an industrial disability pension under PERS shall be advanced 50% of their regular monthly pay until such time as they receive their first PERS disability retirement check. Such employee shall be required to reimburse ANAHEIM for said advance and to insure compliance shall be required to post a surety bond upon initial payment of the advance guaranteeing payment to ANAHEIM. 58.034 ANAHEIM and the APA agree in the event an STD overpayment by an ANAHEIM self-funded STD program occurs as a result of a contested Workers' Compensation claim or as the result of the 57 failure to roport "deductible earnings", ANAHEIM may reduce any settlement award or pay check to recover the cost of the overpaymont. 58.035 ANAHEIM and the APA agree In the event an LTD overpayment by a carrier oacurs as a result of a contested Workers' Compensation claim or as a result of the failure to report "deductible earnings", the employee/recipient of such LTD benefits agrees to fully honor his own contractual obligations to the LTD carrier to repay any overpayment directly to the LTD carrier. 58.04 Dental Plans 58.041 ANAHEIM! agrees to continue sponsorship of the fee for service dental plan. 58.042 ANAHEIM agrees to continue sponsorship of prepaid dental pians. 58.043 For the various Dental Plans, ANAHEIM shall during the terra of this Memorandum pay an amount equal to 100% of the current monthly Safeguard rater. In the event the Safeguard Dental Plan is cancelled during the! term of this agreement, ANAHEIM shall during the remaining term of this agreement pay the rate in effect at the time of cancellation. 58.05 Short Term Disability 58.051 ANAHEIM agrees to continue sponsorship of the employee paid short -tel m disability insurance covorage for presently enrolled employees; during the terra of this Memorandum. 58.052 ANAHEIM agrees to provide the existing Short Term Disability plan. ANAHEIM agrees to pay ANAHEIM'S portion of medical, dental, life, and optic7l insurance during the receipt of short term disability benefit. 58 58.06 Pensions 58.061 ANAHEIM iihali pay the Employees' nine percent (9%) contribution for this plan. 58.062 ANAHEIM shall contribute a portion of the cost of employee retirement benefits In accordance with the provisions of the contract botween ANAHEIM and the Public Employees' Retirement System. 58.063 ANAHEIM shall contribute a portion of the cost of employee survivors' benefits in accordance with the provisions of the above 0 contract. 58.064 Employeen covered by this Article may elect to receive additional compensation in the form of taxable wages and contribute up to a maximum of two per cent (2%) of the cost of employee retirement benefits. 'Such election shall be irrevocable and the employee must be within f;hree (3) years of his anticipated retirement date. 58.0641 Thr) additional compensation available under ARTICLE 58.064 shall be such that the total cost to ANAHEIM for the employee's wage and pension benefits is equal to the cost ANAHEIM would have paid if the employee had not elected to ',receive additional compensation. 58.0642 During the pay period beginning June 17, 1994 and ending Julie 30, 1994 employees may elect to stop receiving additional compensation. Such election shall be one time onfy and irrevocable. 58.065 The contract between PERS and ANAHEIM as it applies to empioyeen in classifications listed in Appendix "A" shall become a part of this Memorandum by reference. 59 ANAHEIM � groes to amend its contract with PERS to provide the following hent4its: 58.0651 Post Retirement Survivor Allowance to continue after rewarriage (Government Code Section 21266). 58.0652 Military Buyback (Government Code Section 20930.3). 58.0653 Fourth Level 1959 Survivor Benefits (Government Code Section 21382.5. ARTICLE 59 POST RETIREMENT MEDICAL BENEFITS 59.0 Regular, full-time employees in the classified service in classifications listed in Appendix "A", who are enrolled as a subscriber in an ANAHEIM sponsored health plan at the time of separation from ANAHEIM service shall bre eligible to participate in any ANAHEIM sponsored health (medical benefits only) plan as a retiree. 59.01 Employees who retired prior to July 1, 1985, who were eligible for post retirement health benefits at the time of their separation from ANAHEIM service and who maintain continuous membership in good standing shall pay monthly premiums in accordance with the following schedule: Single coverage $15.00 monthly Two party coverage $15.00 monthly Family coverage $45.00 monthly 59.02 The surviving spouse of the retiree may continue coverage under the same terms and conditions. 59.03 Employees who were hived prior to February 1, 1984, and who retire on or after July 1, 1985, and prior to February 1, 1994, and who meet the requirements described below shall be eligible to participate in any ANAHEIM sponsored health plan. 60 59.031 The employee must have completed at least five (5) years of continuou=s„ full-time ANAHEIM service on the date of retirement, and 59.032 The employee must have been awarded a retirement from the Public Employees' Retirement System ("PERS") as the reason for separation from ANAHEIM service, and 59.033 PERS retirement benefits must commence no later than the first day of the mohth following the date of separation from ANAHEIM service. 59.034 ANAHEIM shall contribute towards the premium costs of any ANAHEIM 'sponsored health plan elected by the employee as follows: Employees hired prior to February 1, 1984 Service Retirements ANAHEIM Years of Service /tt Age 60 Under Age 60 10-14 40% 20% 15-19 60% 30% 20-24 80% 40% 25-+ 90% 45% Industrial Disability Retirements WCAB Rating greater than or equal to 70% - ANAHEIM contribution percent shall be equal to 100% of the WCAB rating to a maximum contribution of 90%. WCAB Rating less than 70% - ANAHEIM contribution percent shall be equal to 50% of the WCAB rating until age 60, then 100% of the WCAB rating. 61 If the retiree participates in a ANAHEIM sponsored Rehabilitation Plan, ANAHEIM contribution shall be 90% for one year or until rehabilitation plan ends, then ANAHEIM contribution reverts to the 50% or 100% standard. Employees hired February 1, 1984 or later Service Retirements ANAHEIM Years of Service At Age 60 Under Age 60 1014 20% 10% 15-19 30% 15% 20-24 40% 20% 25+ 45% 22 'fz90 Industrial Disability Retirements WCAB Rating greater than or equal to 70% - ANAHEIM contribution percent shall be equal to 50% of the WCAB rating. WCAB Rating less than 70% - ANAHEIM contribution percent shall, be equal to 25% of the WCAB rating until age 60, then 50% of the WCAB rating. If the retinae participates in a ANAHEIM sponsored Rehabilitation Plan, ANAHEIM contribution shall be 45% for one year or until rehabilitation plan ends, then ANAHEIM contribution reverts to the 25% or 50% standard. 59.035 The surviving spouse of the retiree may continue coverage under the same terms and conditions. 59.04 Employees who retire on or after July 1, 1985, and who meet the requirements described below shall be eligible to participate in any ANAHEIM sponsored health plan. 62 59.041 The emplw. ees must have completed at least ten (10) years of continuous,, full time ANAHEIM service on the date of retirement, and 59.042 The emplo}+ee must have been awarded a retirement from PERS as the reason for separation from ANAHEIM service, and 59.043 PERS retirement benefits must commence no later than the first day of the mo�ith following the date of separation from ANAHEIM service, O 59.044 The employee must have been awarded a disability retirement (Ordinary or Industrial) from PERS as the reason for separation from ANAHEIM service. 59.045 ANAHEIM shall contribute towards the premium costs of the ANAHEIM sponsored health plan elected by the employee according to the following schedule: 59.0451 For Service Retirements, the contribution shall be a percentage of the annual Single or Two Party contribution made by ANAHEIM on behalf of active employees, the percentage equal to 1.2 times the Safety PERS retirement schedule, to a maximum contribution of 95% based on the employee's age and consecutive years of Anaheim service at 'the time of retirement. ANAHEIM service shall be cair.ulated to the nearest complete one quarter year. 59.0452 For Disability Retirements, the contribution shall be a percentage of the annual Single or Two Party contribution made by ANAHEIM on behalf of active employees, the percentage equal to 2% for each year of service to a maXimum contribution of 95% based on the employee's consecutive years of Anaheim service at the time of 63 retirement. ANAHEIM service shall be calculated to the nearest complete one quarter year. 59.0453 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. 59.046 The ANAHEIM contribution shall be based on the Two Party rate only for those employees who properly enroll a dependent spouse or other family{ members prior to retirement, and shall continue only as long as thrr retiree maintains coverage for such dependents in ANAHEIM Sponsored health plans. Nothing in this article shall prevent a retiree from properly enrolling new dependents at the retiree's cost. 59.047 The full value of any MediCare credits provided to ANAHEIM or MediCare surcharges imposed on ANAHEIM 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. 59.048 The surviving spouse of the retiree may continue coverage under the same t9rms and conditions provided that the surviving spouse was properly enrolled at the time of the employee's retirement and that dependent coverage was continuously maintained during the employee's retirement. 59.05 Any employee who retires form ANAHEIM service and who is eligible to receive a benefit under this Article may elect either benefit at the time of retirement. Such election shall be irrevocable. 59.06 The following conditions shall apply to all retirees who have post retirement medical benefit coverage under this article: 59.061 Once cancelled for any reason, coverage shall not be reinstated. 64 59.062 Coverage shall be cancelled for non payment of fees after three months in irrears. 59.063 There shall bo Coordination of Benefits where other insurance exists. 59.064 Retirees may change plans and add dependents only during the annual open enrollment period, except that the surviving spouse of a retiree may not enroll a new spouse. 59.065 Vision Care benefits provided under the Employee Medical plan are 0 excluded from benefits for retired employees. ARTICLE 60 MEDICAL EXAMINATIONS 60.0 In order to be eligible for employment with ANAHEIM, candidates shall be required to pass a medical examination, the character of which shall be in accordance with standards established by the Human Resources Director. 60.1 In order to be eligible for promotion or transfer to a job class in a category requiring greater physical qualification than his prosent job class, any employee must pass the appropriate medical examination. 60.2 Any employee who returns of work after an absence in excess of forty-eight (48) consecutive working hours due to illness or physical incapacity may be required by his department head to undergo a medical examination. 60.21 Any employee who fails to pass a medical examination required under the provisions of ARTICLE 60 2 may be transferred or demoted to a position requiring lesser medical qualifications, recommended for disability retirement, or terminated. 60.3 All medical examinations required under the provisions of this Article shall be performed by a physician in active practice licensed by California State Law and within the scope of his practice as defined by California State Law. 65 60.4 ANAHEIM shall pay for any medical examination required under the provisions of this Article. 60.5 Employees shall be required to provide their department, on a yearly basis, evidence of good health. ARTICLE 61 MANDATORY PERMANENT MODIFIED DUTY PROGRAM 61.0 ANAHEIM and the APA agree the Mandatory Permanent Modified Duty Program for industrially injured safety employees., hereinafter referred to as the "Program" shall be administered in accordance with the following provisions: 61.01 Upon notification b a ANAHEIM approved physician (ANAHEIM may select, at its P Y PP discretion, the employee's treating physician as ANAHEIM approved physician) of permanent work restrictions, and/or the permanent and stationary status for an accepted industrial injury of an APA safety employee that precludes the employee from performing the full range of duties of his classification, ANAHEIM, may after conferring with the employee, select an appropriate available Program assignment. 61.011 ANAHEIM approved physician shall be provided with a detailed job analysis of the modified duties to which the employee shall be assigned. Medical approval shall be obtained before the employee begins these duties. If the physician does not approve the initial modified duties selected, ANAHEIM may redesign the Program assignment to accommodate the employee's medical restrictions, or select an alternate Program assignment. 61.012 The employee shall retain his current rank or classification regardless of the Program assignment. 61.013 Any employee participating in the Program may, at anytime, request to be considered for reassignment to another Program assignment. 61.014 Participation in the Program shall be considered return to usual and customary occupation for purposes of vocational rehabilitation. 66 61.02 Employees assigned to tim Program shall be compensated at their normal hourly rate of pay including educational incentive pay and special assignment pay. 61.021 Employees assigned to the Program may apply for and receive "POST' premiums conditioned on the continuing recommendation of the Chiefof Police. 61.022 Employees at different rates of pay may be placed in similar Program assignments. 61.03 Employees shall be assigned by the Chief of Police to Program assignments in accordance with the need's of the Police Department and individual medical work restriction. Such assignments may be modified to accommodate work restrictions. 61.031 Any employee assigned to the Program below the classification of Lieutenant shall not be upgraded to a higher classification unless paid upgrade pay for the period assigned to those duties. 61.032 The Chief of police may reassign an employee assigned to the Program to other assignments for which they are medically qualified in accordance with the needs of the Police Department. 61.033 The hours worked by employees assigned to the Program shall be iin accordance with the needs of ANAHEIM and in accordance with the Memorandum of Understanding. 61.04 Assignment to the Prograrn shall continue until any of the following occurs: 61.041 ANAHEIM can no longer accommodate the employee's medical work restrictions and the employee receives a disability retirement. 61.042 The employee is medically released to full range of duties on a full time basis. 67 61.043 The employee is promoted to a higher classification in a regular position ti,,:t tl-ae employee is medically qualified to perform. 61.044 ANAHEIM approves an employee generated disability retirement and retires the employee. 61.045 ANAHEIM may eliminate the Program with at least one year notice to the APA of such action. ANAHEIM and the APA agree to meet and confer on the conditions under which the Program shall be eliminated. 0 61.05 Promotional opportunities will occur via the normal promotional processes. 61.051 When an employee assigned to the Program is ranked next on an eligibility list, he shall be promoted to any vacant position for which he is medically qualified. The Chief of Poiice is not required to transfer any employee in order to promote the employee. 61.06 All Program assignments shall be to productive work, provided the duties of the assignment may be modified to accommodate the permanent work restriction medically placed on the omployee. 61.07 An employee assigned to the Program shall be held to the same rules and • regulations regarding job performance (after consideration of physical restrictions) as other employees in a safety classification represented by the APA. 61.08 This Memorandum shall apply only to those employees in a safety classification as designated by PERS and represented by the APA. 61.09 ANAHEIM shall, after discussion with the APA, revise AR 2.67 to accommodate the terms and conditions of this Memorandum. 61.10 Employees assigned to the Program shall be provided with Permanent Modified Duty Program Extended Disability, hereinafter referred to as "Extended Disability", benefits under the following conditions: 68 61.101 Any emplo baa who has been at work in a Program assignment for all scheduisd work hours for thirty (30) consecutive calendar days shall receive a one (1) time Extended Disability benefit balance credit of one thousand (1000) hours which shall be available for periods of temporary disability from work due to the medical conditions for which the employee was assigned to the Program for which Labc,r Code 4850 benefits have been previously paid. 61.102 Labor Coda 4850 benefits must be exhausted prior to the utilization of Extended Disability benefits. 61.103 Extended Disability benefits shall be paid at a net sixty percent (60%) of the employee's base rate of pay after with- holding taxes less deductible benefits as identified in ARTICLE 35, Sick Leave. 61.104 An employee shall have one (1) hour deducted from his Extended Disability balance for each hour of such leave taken. The minimum amount of Extended Disability leave that may be taken at any given time shall be one (1) hour. 61.105 Eligibility to use the Extended Disability benefit, shall be supported by a physic'ian's certification verifying the need for the employee to remain off work and indicating the medical condition which cause the necessity and are subject to review by a physician selected by ANAHEIM. Failure to promptly provide a physician's certification during any period of absence may result in denial of benefits. 61.11 Disputes arising out of this Memorandum are subject to the grievance procedure. ARTICLE 62 FITNESStWf LLNESS PROGRAM 62.0 ANAHEIM and the APA agree to meet and confer to design and implement policies and procedures for a physical fitness and testing program and a wellness program. AVITICLE 63 JOINT COMWT '�zE ON Puli" TICAL PROGRAMS 63.0 The parties to this memorandum, in recognition of the need to provide an adequate level of medical care coverage at a reasonable cost to ANAHEIM and its employees hereby agree to the formation of a committee to analyze current ANAHEIM sponsored medical programs, review alternative approaches to plan design and providing medical care programs, and investigate cost containment systems, all for the purpose of achieving adequate low-cost medical care for the employees of ANAHEIM. 63.1 Serving on the committee with Human Resources Department staff and operating Department management staff shall be two members from APA. 0 63.2 This committee shall meet as often as is necessary during the life of this memorandum and shall report to the Human Resourc-as Director on a periodic basis its findings and recommendations for changes to ANAHEIM'S present medical programs. A report shall be prepared setting forth specific recommendations as to alternatives and cost containment provisions. The report shall be forwarded to ANAHEIM City Manager for review. 63.3 Because of the complexity of the problem and the diverse interests of the respective organizations, the parties recognize that: it is incumbent upon all members of the committee to work in a spirit of harmony and cooperation to achieve what should be beneficial to all concerned. ARTICLE 64 is NO STRIKE 64.0 ANAHEIM and the APA recognize the obligation of the APR's employee members to continue to faithfully perform their services to ANAHEIM in accordance with the highest professional standards for peace officers. 64.1 No employee covered by this Memorandum of Understanding shall engage in, induce or encourage any concerted action against ANAHEIM inciuding, but not limited to, strikes, work stoppages, slowdowns, "sick -in", "sick-outs", or withholding of services to ANAHEIM. 64.2 The APA agrees that neither it, nor any of its officers or agents shall call, institute, authorize, participate in, sanction or ratify any concerted action against ANAHEIM as specified above. 70 AT-41'11CL E 65 IMPLEMENTATION OF tk" ET—yAORANDUM OF UNDERSTANDING 65.1 Notwithstanding any other provisions of this Memorandum, the following modifications to this Memorandum of Understanding sh:;1l be effective on the date Indicated. ARTICLE PROVISION EFFECTIVE DATE All Non-econo?-nic language First pay period changes after MOU approval. Insurance PERS Contract Amendments Upon approval of Contract amendment • by PERS. Change in rontribution to First month after the Life Insurance Trust Fund MOU approval. Bilingual Increase r,2te from $50 to First pay period $60 per pay period. after MOU approval. Appendix "A" Wages Special Labor Market Equity December 31, 1993. Wage Adjustment. ARTICLE 66 CONSTRUCTION 65.0 Nothing in this agreement shall be construed to deny any person or employee the rights granted by Federal and State laws and City Charter provisions. The rights, powers and authority of ANAHEIM City Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by this memorandum. The provisions of this memorandum are not intended to conflict with the provisions of Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500, the seq.) as amended in 1982. 71 0 0 67.0 The resolution of ANAHEIM shall-' provida that If any provision of this Memorandum or the resolution is, at any time, or in any wa.-, hald to, bp� contrary to any law by any court of proper S jurisdiction, the remainder of this M,)rnorandum shall not be affected theraby, and shall remain in full forcs and effect. ARTICLE 63 .01UP.A.T.-ION 68.0 The terms of this Memorandum 4s to rernLlin in lull force and effect until the 13th day of July, 1995. Upon adoption of a resoluVcni ,qnproving this Memorandum and the terata hereof by ANAHEIM City Council of ANAHEW, this &4ramorandum shall be in full force and affect as of the 3rd day of July, 1992. STATE OFFICIALS OF THE POLIC'E ASSOCIATION CITY OF ANAHEIM, a municipal corporation M By, Dated:-,- 930/9kiCjU.APA,/vv p5: br By By Dated:-. 177 CLASSIFICATION Police Officer Trainee Police Officer Police Officer - Detective/Investigator Police Officer - Motorcycle Patrol Police Officer - Master Advanced Police Officer - Master Intermediate Police Officer - Senior Master Advanced Police Officer - Senior Master Intermediate Police Officer - Helicopter Pilot SMA (Commerical) Police Officer - Helicopter Pilot SMI (Commerical) 4 ice Officer - Helicopter Pilot SMI (Private) ice Officer - Helicopter Pilot (Private) rice Officer - Helicopter Pilot MA (Private) Police Officer - Helicopter Pilot MI (Private) Police Officer - Helicopter Pilot SMA (Private) Police Officer - Helicopter Pilot (Commercial) Police Officer - Helicopter Pilot MA (Commerical) Police Officer - Helicopter Pilot MI (Commercial) Police Officer - Polygraph Examiner Police Sergeant Police Sergeant - Helicopter Pilot (Private) Police Sergeant - Helicopter Pilot PA (Private) Police Sergeant - Helicopter Pilot (Commercial) Police Sergeant - Helicopter Pilot PA (Commercial) Police Sergeant - Detective/Investigator Police Sergeant - Motorcycle Patrol Police Sergeant - Post Advanced Police Sergeant - Senior Master Police Sergeant - Helicopter Pilot SM (Private) (9 ace Sergeant - Helicopter Pilot SM (Commerical) ice Sergeant - Special Events Police Sergeant - Special Events PA ANAI4EIM POLICE ASSOCIATION APPENDIX •A" URGES July 3, 1992 through December 30, 1993 SCHEGULE NUMAER 2168 R -E 2168 R -E 2276 A-E 2276 A-E 2385 A-E 2331 A-E 2439 A-E 2385 A-E 2683 A-E 2385 A-E 2504 A-E 2276 A-E 2504 A-E 2448 A-E 2561 A-E 2385 A-E 2624 A-E 2564 A-E 2602 A-E 2602. D -E 2732 D -E 3005 D -E 2862 D -E 3148 D -E 2732 D -E 2732 D -E 2862 D -E 2927 D -E 3073 D -E 3220 D -E 2602 D -E 2862 D -E HOURLY RATE 16.18 21.68 16.18 - 21.68 18.72 - 22.76 18.72 - 22.76 19.62 23.85 19.18 - 23.31 20.07 24.39 19.62 - 23.85 22.07 - 26.83 21.59 - 26.24 20.60 - 25.04 18.72 - 22.76 20.60 - 25.04 20.14 - 24.48 21.07 - 25.61 19.62 - 23.85 21.59 - 26.24 21.09 - 25.64 21.41 - 26.02 24.78 - 26.02 26.02 - 27.32 28.62 - 30.05 27.26 - 28.62 29.98 - 31.48 26.02 - 27.32 26.02 - 27.32 27.26 - 28.62 27.88 - 29.27 29.27 - 30.73 30.67 - 32.20 24.78 - 26.02 27.26 - 28.62 ANAHEIM shall pay nine percent (9%) of the employee contrbution to PERS. 73 MONTHLY RATE 2,804.53 3,757.87 2,804.53 3,757.87 3,244.80 - 3,945.07 3,244.80 - 3,945.07 3,400.80 4,134.00 3,324.53 - 4,040.40 3,478.80 4,227.60 3,400.80 4,134.00 3,825.47 4,650.53 3,742.27 4,548.27 3,570.67 4,340.27 3,244.80 3,945.07 3,570.67 - 4,340.27 3,490.93 4,243.20 3,652.13 4,439.07 3,400.80 - 4,134.00 3,742.27 4,548.27 3,655.60 4,444.27 3,711.07 4,510.13 4,295.20 - 4,510.13 4,510.13 - 4,735.47 4,960.80 5,208.67 4,725.07 - 4,960.80 5,196.53 - 5,456.53 4,510.13 - 4,735.47 4,510.13 4,735.47 4,725.07 4,960.80 4,832.53 5,OT3.47 5,073.47 5,326.53 5,316.13 5,581.33 4,295.20 4,510.13 4,725.07 4,960.80 ANNUAL RATE 33,654.40 - 45,094.40 33,654.40 - 45,094.40 38,937.60 - 47,340.80 38,937.60 - 47,340.80 40,809.60 - 49,608.00 39,894.40 - 48,484.80 41,745.60 - 50,731.20 40,809.60 - 49,608.00 45,905.60 - 55,806.40 44,907.20 - 54,579.20 42,848.00 - 52,083.20 38,937.60 - 47,340.80 42,848.00 - 52,083.20 41,891.20 - 50,918.40 43,825.60 - 53,268.80 40,809.60 - 49,608.00 44,907.20 - 54,579.20 43,867.20 - 53,331.20 44,532.80 - 54,121.60 51,542.40 - 54,121.60 54,121.60 - 56,825.60 59,529.60 - 62,504.00 56,700.80 - 59,529.60 62,358.40 - 65,478.40 54,121.60 - 56,825.60 54,121.60 - 56,825.60 56,700.80 - 59,529.60 57,990.40 - 60,881.60 60,881.60 - 63,918.40 63,793.60 - 66,976.00 51,542.40 - 54,121.60 56,700.80 - 59,529.60 ,44ZAiEIM BICE ASSOCIATION ,WE401X "A" W.Gk S December 31, 1993 through December 29, 1994 SPECIAL 'A". KARKET EQUITY PAGE ADJUSTMENT ANAHEIM and the APA agree that after careful analysis and review of the appropriate Labor Market for the benchmark classification of Police Officer and after reviewing the current base pay position of Police Officer in that Labor Market, the parties agree that a special Labor Market equity wage adjustment of 3.25% be implemented effective December 31, 1993. Adjustments to other classifications shall be in accordance with the provisions of Article 18 Salary Relationships. WoLi-ce SSIFICATION Officer Trainee Police Officer Police Officer - Detective/Investigator Police officer - Motorcycle Patrol Police Officer - Master Advanced Police Officer - Master Intermediate Police Officer - Senior Master Advanced Police Officer - Senior Master Intermediate Police Officer - Helicopter Pilot SMA (Commerical) Police Officer - Helicopter Pilot SMI (Commerical) Police Officer - Helicopter Pilot SMI (Private) Police Officer - Helicopter Pilot (Private) Police Officer - Helicopter Pilot MA (Private) Police Officer - Helicopter Pilot MI (Private) Police Officer - Helicopter Pilot SMA (Private) Police Officer - Helicopter Pilot (Commercial) Police Officer - Helicopter Pilot MA (Commerical) ice Officer - Helicopter Pilot MI (Commercial) ice Officer - Polygraph Examiner Police Sergeant Police Sergeant - Helicopter Pilot (Private) Police Sergeant - Helicopter Pilot PA (Private) Police Sergeant - Helicopter Pilot (Commercial) Police Sergeant - Helicopter Pilot PA (Commercial) Police Sergeant - Detective/Investigator Police Sergeant - Motorcycle Patrol Police Sergeant - Post Advanced Police Sergeant - Senior Master Police Sergeant - Helicopter Pilot SM (Private) Police Sergeant - Helicopter Pilot SM (Commerical) Police Sergeant - Special Events Police Sergeant - Special Events PA SCHEDULE NUMBER 2238 R -E 2238 R -E 2350 A-E 2350 A-E 2462 A-E 2406 A-E 2518 A-E 2462 A-E 2770 A-E 2708 A-E 2585 A-E 2350 A-E 2585 A-E 2526 A-E 2644 A-E 2462 A-E 2708 A-E 2647 A-E 2686 A-E 2686 D -E 2820 D -E 3103 D -E 2955 D -E 3251 D -E 2820 D -E 2820 D -E 2955 D -E 3022 D -E 3173 D -E 3324 D -E 2686 D -E 2955 D -E HOURLY RATE 16.70 22.38 16.70 - 22.38 19.33 23.50 19.33 23.50 20.25 24.62 19.79 24.06 20.72 - 25.18 20.25 - 24.62 22.79 27.70 22.28 - 27.08 21.27 25.85 19.33 23.50 21.27 - 25.85 20.78 - 25.26 21.75 - 26.44 20.25 - 24.62 22.28 - 27.08 21.78 - 26.47 22.10 - 26.86 25.58 - 26.86 26.86 - 28.20 29.55 - 31.03 28.14 - 29.55 30.96 - 32.51 26.86 - 28.20 26.86 - 28.20 28.14 - 29.55 28.78 - 30.22 30.22 - 31.73 31.66 - 33.24 25.58 - 26.86 28.14 - 29.55 ANAHEIM shall pay nine percent (9%) of the employee contribution to PERS. 74 MONTHLY RATE 2,894.67 3,879.20 2,894.67 3,879.20 3,350.53 4,073.33 3,350.53 - 4,073.3.3 3,510.00 - 4,267.47 3,430,27 4,170.40 3,591.47 4,364.53 3,510.00 - 4,267.47 3,950.27 - 4,801.33 3,861.87 - 4,693.87 3,686.80 - 4,480.67 3,350.53 4,073.33 3,686.80 - 4,480.67 3,601.87 - 4,378.40 3,770.00 4,582.93 3,510.00 4,267.47 3,861.87 4,693.87 3,775.20 - 4,588.13 3,830.67 - 4,655.73 4,433.87 - 4,655.73 4,655.73 4,888.00 5,122.00 - 5,378.53 4,877.60 - 5,122.00 5,366.40 - 5,635.07 4,655.73 - 4,888.00 4,655.73 - 4,888.00 4,877.60 5,122.00 4,988.53 5,238.13 5,238.13 5,499.87 5,487.73 5,761.60 4,433.87 4,655.73 4,877.60 5,122.00 ANNUAL RATE, 34,736.00 - 46,550.40 34,736.00 - 46,550.40 40,206.40 - 48,880.00 40,206.40 - 48,880.00 42,120.00 - 51,209.60 41,163.20 - 50,044.80 43,097.60 - 52,374.40 42,120.00 - 51,209.60 47,403.20 - 57,616.00 46,342.40 - 56,326.40 44,241.60 - 53,761:.00 40,206.40 - 48,880.00 44,241.60 - 53,7681.00 43,222.40 - 52,540.80 45,240.00 - 54,995.20 42,120.00 - 51,209.60 46,342.40 - 56,326.40 45,302.40 - 55,057.60 45,968.00 - 55,868.80 53,206.40 - 55,868.80 55,868.80 - 58,656.00 61,464.00 - 64,542.40 58,531.20 - 61,464.00 64,396.80 - 67,620.80 55,868.80 - 58,656.00 55,868.80 - 58,656.00 58,531.20 - 61,464.00 59,862.40 - 62,857.60 62,857.60 - 65,998.40 65,852.80 - 69,139.20 53,206.40 - 55,868.80 58,531.20 - 61,464.00 CLASSIFICATION Police Officer Trainee Police Officer Police Officer - Detective/Investigator Police Officer - Motorcycle Patrol Police Officer - Master Advanced Police Officer - Master Intermediate P 1,cce e Officer Senior Master Advanced e Officer - Senior Master Intermediate Officer Helicopter Pilot SMA (Commerical) Police Officer Helicopter Pilot SMI (Commerical) Police Officer - Helicopter Pilot SMI (Private) Police Officer - Helicopter Pilot (Private) Police Officer Helicopter Pilot MA (Private) Police Officer -Helicopter Pilot MI (Private) Police Officer - Helicopter Pilot SMA (Private) Police Officer - Helicopter Pilot (Commercial) Police Officer - Helicopter Pilot MA (Commerical) Police Officer - Helicopter Pilot M1 (Commercial) Police Officer - Polygraph Examiner Police Sergeant Police Sergeant - Helicopter Pilot (Private) Police Sergeant - Helicopter Pilot PA (Private) Police Sergeant - Helicopter Pilot (Commercial) Police Sergeant - Helicopter Pilot PA (Commercial) Police Sergeant - Detective/Investigator 0ce Sergeant - Motorcycle Patrol ce Sergeant - Post Advanced o ice Sergeant - Senior Master Police Sergeant - Helicopter Pilot SM (Private) Police Sergeant - Helicopter Pilot SM (Commerical) Police Sergeant - Special Events Police Sergeant - Special Events PA ANAHEIA' POLICE ASSOCIATION APPEHOIX •A• IIAM'S DeceW3,,-r 30, 1994 through July 13, 1995 SCHEDULE NUMBER 2316 R -E 2316 R -E 2432 A-E 2432 A-E 2548 A-E 2490 A-E 2606 A-E 2548 A-E 2867 A-E 2303 A-E 2675 A-E 2432 A-E 2675 A-E 2615 A-E 2736 A-E 2548 A-E 2803 A-E 2739 A-E 2779 A-E 2779 D -E 2918 D -E 3210 D -E 3057 D -E 3363 D -E 2918 D -E 2918 D -E 3057 D -E 3126 D -E 3282 D -E 3439 D -E 2779 D -E 3057 D -E HOURLY RATE 17.28 23.16 17.28 - 23.16 20.01 - 24.32 20.01 24.32 20.96 - 25.48 20.49 - 24.90 21.44 - 26.06 20.96 - 25.48 23.59 - 28.67 23.06 28.03 22.01 - 26.75 20.01 24.32 22.01 - 26.75 21.51 26.15 22.51 27.36 20.96 25.48 23.06 - 28.03 22.53 - 27.39 22.86 - 27.79 26.47 27.79 27.79 29.18 30.57 - 32.10 29.11 30.57 32.03 - 33.63 27.79 - 29.18 27.79 - 29.18 29.11 - 30.57 29.77 - 31.26 31.26 - 32.82 32.75 - 34.39 26.47 - 27.79 29.11 - 30.57 ANAHEIM shall pay nine percent (9%) of the employee contribution to PERS. 75 MONTHLY RATE 2,995.20 - 4,014.40 2,995.20 - 4,014.40 3,468.40 - 4,215.47 3,468.40 - 4,215.47 3,633.07 - 4,416.53 3,551.60 - 4,316.00 3,716.27 - 4,517.07 3,633.07 - 4,416.53 4,088.93 - 4,969.47 3,997.07 - 4,858.53 3,815.07 - 4,636.67 3,468.40 - 4,215.47 3,815.07 - 4,636.67 3,728.40 - 4,532.67 3,901.73 - 4,742.40 3,633.07 - 4,416.53 3,997.07 - 4,858.53 3,905.20 - 4,747.60 3,962.40 - 4,816.93 4,588.13 - 4,816.93 4,816.93 - 5,057.87 5,298.80 - 5,564.00 5,045.73 - 5,298.80 5,551.87 - 5,829.20 4,816.93 - 5,057.87 4,816.93 - 5,057.87 5,045.73 - 5,298.80 5,160.13 - 5,418.40 5,418.40 - 5,688.80 5,676.67 - 5,960.93 4,588.13 - 4,816.93 5,045.73 - 5,298.80 ANNUAL RATE 35,942.40 - 48,172.80 35,942.40 - 48,172.80 41,620.80 - 50,585.60 41,620.80 - 50,585.60 43,596.80 - 52,998.40 42,619.20 - 51,792.00 44,595.20 - 54,204.80 43,596.80 - 52,998.40 49,067.20 - 59,633.60 47,964.80 - 58,302.40 45,780.80 - 55,640.00 41,620.80 - 50,585.60 45,780.80 - 55,640.00 44,740.80 - 54,392.00 46,820.80 - 56,908.80 43,596.80 - 52,998.40 47,964.80 - 58,302.40 46,862.40 - 56,971.20 47,548.80 - 57,803.20 55,057.60 - 57,803.20 57,803.20 - 60,694.40 63,585.60 - 66,768.00 60, 548.80 - 63,585.60 66,622.40 - 69,950.40 57,803.20 - 60,694.40 57;803.20 - 60,694.40 60,548.80 - 63,585.60 61,921.60 - 65,020.80 65,020.80 - 68,265.60 68,120.00 - 71,531.20 55,057.60 - 57,803.20 60,548.80 - 63,585.60 L:E`'"i°ER Q:F t;NDERSTANDING BETWEEN THE ANA.HELI K POLICE ASSOCIATION AN D THE CITY OF ANAHEIM The Anaheim Police Association and the City of Anaheim, after meeting and conferring, have reached an understanding on the wages, hours, and other terms and conditions of employment for employees assigned to the Nine flan, as follows: ANAHEIM and the regular work schedule the Chief of Police and four (4) eight eight (28) day work designated employees week. DINE PLAN Anaheim Police Association agree that the for employees assigned to the Nine Plan by shall be fourteen (14) nine (9) hour shifts and one-half (8.5) hour shifts in a twenty - period. The average work week of such shall be defined as a forty (40) hour word: The work day shall consist of nine (9) hours or eic;ht and one-half (8.5) hours of work. All breaks and meal. periods shall be paid time and shall be included in the work day. The work weeks shall consist of five (5) days in one week of the bi-weekly pay period and four (4) days in the other week of a bi-weekly pay period on an alternating basis. Such schedule shall be designed and implemented by Police Department management. Employees who perform authorized work in excess of the regular work day or work week as defined in the Letter of Understanding shall be compensated for such work at to the rate of one and one half (1 1/2) times their: regular hourly rate of pay. Such employees shall not be eligible for overtime pay for breaks and meal periods not taken due to the duties and respon- sibilities of the work assignment. Employees shall receive an additional eight (8) hours pay at their regular rate of compensation or shall accrue eight (8) hours holiday time for each holiday listed in Article 37 of the Memorandum of Understanding provided such employees work on the holiday or day observed in lieu of holiday. 76 • • Employees who do not work on the holiday or day observed in li�Wu of the holiday as set forth in Article 37 of the Memorandum of Understanding shall be paid nine (9) or eight and one-half (8.5) hours holiday pay. Employees eligible for bereavement leave as set forth in Article 30 of the Memorandum of Understanding shall be paid nine (9) or eight and one-half (8.5) hours for each work day of bereavement leave. Employees shall have one (1) hour deducted from their accrued sick leave, vacation, compensatory time, holiday time or industrial accident leave for each hour of leave taken. Employees with a regular work day of nine (9) hours shall have nine (9) hours deducted from their accrued sick leave, vacation, compensatory time, holiday time or industrial accident leave for each regularly sch+duled working day that they are on paid leave. Employees ;with a regular work day of eight and one-half (8.5) hours shall have eight and one-half (8.5) hours deducted from their accrued sick leave, vacation, compensatory time, holiday time or industrial accident leavO for each regularly scheduled working day that they are can paid leave. The Nine Plan work schedule will be implemented on a six month trial basis effective at the beginning of the work period that begins on July 21, 1989. The Nine Plan work schedule including paid meal periods may be revoked at any time by either party upon ninety (90) days written notice to the other party. Return to a work schedule of twenty (20) eight hour shifts in a twenty-eight (28) day work period with non -paid meal periods will occur at the beginning of the first work period after the notice of revocation period has been completed. STAFF OFFICIALS OF THE CITY O ANAHEIM, a Munic al Corporation By --- B�L - . .7 ✓'U� . By L By Dated: —4#U - 5255F # b 5255F 77 ANAHEIM POLICE ASSOCIATION By By 174 Dated: 1 7 LETTER OF UNDERSTANDING botwean tho ANAHEIM POLICE ASSOCIATION and Ih% CITY OF ANA]-IEiM The Anaheim Police Association (APA) and the City of Anaheim (ANAHEIM), after meeting and conferring, have reached an understanding on the wages, hours, and other terms and conditions of employment for employees, assigned to the Trip Reduction Nine Plan, as follows: TRIP REDUCTION NiNE PLAN ANAHEIM and the APA agree that employees may be assigned to a Trip Reduction Nine Plan alternate work schedule in order to. reduce trips to and from work. Such an alternate work schedule shall not reduce service to the public. ANAHEIM and the APA agree that the regular work schedule for employees assigned to the Nine Plan by management shall be :sixteen (16) nine (9) hour work days and two (2) eight (8) hour work days In each twenty-eight (28) day work period. Such schedule shall be designed and Implemented by management. An employee will be scheduled by management to work a regular work schedule of one hundred and sixty (160) hours In each work period. Employees who perform authorized work in excess of the regular work day or work week as defined In the Letter of Understanding and who are otherwise eligible for overtime pay shall be compensated for such work at the rate of one and one half (1 I) times their regular hourly rate of pay. Employees who do not work on thet holiday or day observed in lieu of the holiday as set forth in Article 37 of the Memorandum of Understanding shall be required to submit a vacation request for one (1) hour for each holiday not worked. Employees eligible for bereavement leave as set forth in Article 36 of the Memorandum of Understanding shall be required to submit a vacation request for one (1) hour for each work day of bereavement leave. Employees shall have one (1) hour deducted from their accrued sick leave, vacation, or industrial accident leave for each hour of leave taken. Employees with a regular work day of nine (9) hours shall have nine (9) hours deducted from their accrued sick leave, vacation, or industrial accident leave for each regularly scheduled working day that they are on paid leave. Employees with a regular work day of eight (8) hours shall have eight (8) hours deducted from their accrued sick leave, vacation, or industrial accident leave for each regularly scheduled working (Jay that they are on paid leave. Employees may be assigned to or from the Trip Reduction Nine Plan work schedule only effective at the beginning of a twenty-eight day work period. 78 Trip Reduction Nine Plan PAGE 2. The Trip Reduction Nine Plan work schedule may continue by mutual agreement of both parties. The Trip Reduction Nine Plan work schedule may be revoked by either party upon notice to the other party. STAFF OFFICIALS OF THE CITY OF ANAHEIM, a Municipal Corporation is By: Dated: .21,144 1Y, )993 8549br/C ANAHEIM POLICE ASSOCIATION D• E833 Dated: �� I C(Cqt _ 79 LETTER OF UNDERSTANDING between the ANAHEW POUCE ASSOCIATION and the CITY OF ANAHEIM The Anaheim Police Association (APA) ind the Cita of Anaheim (ANAHEIM), after meeting and conferring, have reached an understanding on the wages, hours, and other terms and conditions of employment for regular full-time employees assigned to the Uniform Patrol Twelve Plan, as follows: UNIFORM PATROL TWELVE PLAN ANAHEIM and the APA agree that the regular work schedule for regular full-time employees assigned to the Uniform Patrol Twelve Plan by the Chief of Police shall be twelve (12) twelve and one-half (12%) lrcur Wflisr and one (1) ten (10) hour shift in a twenty-eight (28) day work period. Su .h schedule shall be designed and Implemented by Police Department management. An ernployes will be scheduled by management to work a regular work schedule of one hundred and sixty (160) hours in each work period. The average work week for benefit plan puarposes only shall be defined as a forty (40) hour work week. The work day shall consist of twelve and one-half (12%) hours or ten (10) hours of work. Two breaks and one (1) one-half (%) hour meal period shall be paid time and shall be included in the work day. Employees who perform authorized work in excess of the regular work day as defined in this Letter of Understanding shall be compensated for such work at the rate of one and one- half (1 Y2) times their regular hourly rate of pay. Such employees shall not be eligible for overtime pay for breaks and meal periods not taken due to the duties and responsibilities of the work assignment. ANAHEIM and the APA recognize -the need for a system of adjusted hours for employees whose work schedule does not correspond to the established eighty hour bl-weekly pay period for payroll purposes. The system of adjusted hours permits employees to accrue positive adjusted hours (hours worked, but not paid) or negative adjusted hours (hours paid, but not worked). ANAHEIM and the APA agree that transfers to and from the uniform patrol twelve plan will be effective at the beginning of a twenty-eight day work period 49 whenever feasible. ANAHEIM and the APA agree that an employee who transfers to a job where adjusted hours are not used on a date other than the beginning of a twenty-eight day work period, or who leaves ANAHEIM employment will have any accrued adjusted hours balance adjusted to zero by paying the employee at his current rate for any positive balance or by deducting from his pay for any negative balance. Affected employees may review payroll documents. Employees shall receive additional compensation equivalent to 1/10th of their regular bl-weekly compensation for each holiday listed in Article 37. Employees shall have the option to accrue eight (8) hours holiday time per holiday. Selection of the holiday option shall be made upon implementation and on November 1st of each year thereafter. Employees eligible for "immediate family" bereavement leave in accordance with Article 36.0 shall be granted bereavernnnt leave with pay for up to a maximum of thirty- seven and one-half (37%) working hours, Employees eligible for `other family members" bereavement leave in accordance with Article 36.1 shall be granted bereavement leave with pay for up to a maximum of twelve and one-half (12%) working hours. M • Uniform Patrol Twelve Plan PAGE 2. An employee assigned to the Uniform includes any of the six hours between 2401 eligible to receive uniform patrol graveyard worked as provided in Article 47. Patrol Twelve Plan who works a shift that (12:00 midnight) and 0600 (6:00 a.m.). shall be shift differential for those regular hours Employees shall have one (1) hour deducted from their accrued sick leave, vacation, compensatory time, holiday time or industrial accident leave for each hour of leave taken. Employees with a regular work day of twelve and one-half (12$) hours shall have twelve and one-half (12%) hours deducted from their accrued sick leave, vacation, compensatory time, holiday time or industrial accident leave for each regularly scheduled working day that they are on paid leave. Employees with a regular work day of ten (10) hours shall have ten (10) hours deducted from their accrued sick leave, vacation, compensatory time, holiday time or industrial accident leave for each regularly scheduled working day that they are on paid leave. The Uniform Patrol Twelve Plan work schedule may be revoked at any time by either party upon ninety (90) days written notice to the other party. Return to a work schedule of fourteen (14) nine (9) hour shifts and four (4) eight and one-half (8%) hour shifts with paid meal periods per twenty-eight (28) day work period (Nine Plan) or a work schedule of twenty (20) eight (8) hour shifts with non -paid meal periods per twenty-eight (28) day work period (Eight Plan) as determined by the Chief of Police will occur at the beginning of the first work period after the notice of revocation period has been completed. The Uniform Patrol Twelve Plan work schedule will be subject to a twelve month Intensive evaluation beginning the work period that begins on March 27, 1992. STAFF OFFICIALS OF THE CITY OF/4NAHEIM, a Munic a Corporation By: 14 By;-. i By. Date:�- 1 8605br/C 81 ANAHEIM POLICE ASSOCIATION i By: By: Date: - 3 - '�F Z APPCHDIX "s" P.E.R_S. LOCAL SAFETY NENURS PERC[NTAGE OF FINAL COWENSATION • 82 YEARS OF SERVICE 50 51 52 53 54 55 56 57 58 59 60 10 20.00 21.40 22.80 24.20 25.60 27.00 27.00 27.00 27.00 27.00 27.00 11 22.00 23.54 25.08 26.62 28.16 29.70 29.70 29.70 29.70 29.70 29.70 12 24.00 25.68 27.36 29.04 30.72 32.40 32.40 32.40 32.40 32.40 32.40 13 26.00 27.82 29.64 31.46 33.28 35.10 35.10 35.10 35.10 35.10 35.10 14 28.00 29.96 31.92 33.88 '.5.84 37.80 37.80 37.80 37.80 37.80 37.80 15 30.00 32.10 34.20 36.30 38.40 40.50 40.50 40.50 40.50 40.50 40.50 16 32.00 34.24 36.48 38.72 40.96 43.20 43.20 43.20 43.20 43.20 43.20 17 34.00 36.38 38.76 41.14 43.52 45.90 45.90 45.90 45.90 45.90 45.90 18 36.00 38.52 41.04 43.56 46.08 48.60 48.60 48.60 48.60 48.60 48.60 19 20 38.00 40.00 40.66 42.80 43.32 45.60 45.98 48.40 48.64 51.20 51.30 54.00 51.30 54.00 51.30 54.00 51.30 54.00 51.30 54.00 51.30 54.00 21 42.00 44.94 47.88 50.82 53.76 56.70 56.70 56.70 56.70 56.70 56.70 22 44.00 47.08 50.16 53.24 56.32 59.40 59.40 59.40 59.40 59.40 59.40 23 46.00 49.22 52.44 55.66 58.88 62.10 62.10 62.10 62.10 62.10 62.10 24 48.00 51.36 54.72 58.08 61.44 64.80 64.80 64.80 64.80 64.80 64.80 25 50.00 53.50 57.00 60.50 1,4.00 67.50 67.50 67.50 67.50 67.50 67.50 26 52.00 55.64 59.28 62.92 e6.56 70.20 70.20 70.20 70.20 70.20 70.20 27 54.00 57.78 61.56 65.34 69.12 72.90 72.90 72.90 72.90 72.90 72.90 28 56.00 59.92 63.84 67.76 "?11.68 75 75 75 75 75 75 29 58.00 62.06 66.12 70.18 74.24 75 75 75 75 75 75 30 60.00 64.20 68.40 72.60 75 75 75 75 75 75 75 31 66.34 70.68 75 75 75 75 75 75 75 75 32 72.96 75 75 75 75 75 75 75 75 • 82 APPEWOIX "C" POST REUREWNT MEDICAL. BENEFITS PERC:ERIAGE OF PREMIUM COSTS 83 50 51 52 53 54 55 56 57 58 59 60 2.000% 2.140% 2.280% 2.420% 2.560% 2.700% 2.700% 2.700% 2.700% 2.700% 2.700% 10 24.000% 25.680% 27.360% 29.040% 30.720% 32.400% 32.400% 32.400% 32.400% 32.400% 32.400% 11 26.400% 28.248% 30.096% 31.944% 3:5.792% 35.640% 35.640% 35.640% 35.640% 35.640% 35.640% 12 28.800% 30.816% 32.832% 34.848% 36.864% 38.880% 38.880% 38.880% 38.880% 38.880% 38.880% 13 32.200% 33.384% 35.568% 37.752% 31".936% 42.120% 42.120% 42.120% 42.120% 42.120% 42.120% 14 33.600% 35.952% 38.304% 40.656% 45.008% 45.360% 45.360% 45.360% 45.360% 45.360% 45.360% 15 36.000% 38.520% 41.040% 43.560% 46.080% 48.600% 48.600% 48.600% 48.600% 48.600% 48.600% 16 38.400% 41.088% 43.776% 46.464% 49.152% 51.840% 51.840% 51.840% 51.840% 51.840% 51.840% 17 40.800% 43.656% 46.512% 49.368% 5.2'.2.24% 55.080% 55.080% 55.080% 55.080% 55.080% 55.080% 18 43.200% 46.224% 49.248% 52.272% 55.296% 58.320% 58.320% 58.320% 58.320% 58.320% 58.320% 19 45.600% 48.792% 51.984% 55.176% 58.368% 61.560% 61.560% 61.560% 61.560% 61.560% 61.560% 20 48.000% 51.360% 54.720% 58.080% 61.440% 64.800% 64.800% 64.800% 64.800% 64.800% 64.800% 21 50.400% 53.928% 57.456% 60.984% 64.512% 68.040% 68.040% 68.040% 68.040% 68.040% 68.040% 22 52.800% 56.496% 60.192% 63.888% 67.584% 71.280% 71.280% 71.280% 71.280% 71.280% 71.280% 23 55.200% 59.064% 62.928% 66.792% 70.656% 74.520% 74.520% 74.520% 74.520% 74.520% 74.520% 24 57.600% 61.632% 65.664% 69.696% 73.728% 77.760% 77.760% 77.760% 77.760% 77.760% 77.760% 25 60.000% 64.200% 68.400% 72.600% 76.800% 81.000% 81.000% 81.000% 81.000% 81.000% 81.000% 26 62.400% 66.768% 71.136% 75.504% 79.872% 84.240% 84.240% 84.240% 84.240% 84.240% 84.240% 27 64.800% 69.336% 73.872% 78.408% 82.944% 87.480% 87.480% 87.480% 87.480% 87.480% 87.480% 28 67.200% 71.904% 76.608% 81.312% 86.016% 90.720% 90.720% 90.720% 90.720% 90.720% 90.720% 29 69.600% 74.472% 79.344% 84.216% 85.088% 93.960% 93.960% 93.960% 93.960% 93.960% 93.960% 30 72.000% 77.040% 82.080% 87.120% 92.160% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 31 74.400% 79.608% 84.816% 90.024% 915.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 32 76.800% 82.176% 87.552% 92.928% VJ.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 33 79.200% 84.744% 90.288% 95.000% 9i.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 34 81.600% 87.312% 93.024% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 35 84.000% 89.880% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 36 86.400% 92.448% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.(%X2% 95.000% 37 88.800% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 38 91.200% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 39 93.600% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 40 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 95.000% 83