Loading...
95-133RESOLUTION NO, 95R- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE PEACE OFFICERS UNIT REPRESENTED BY THE ANAHEIM POLICE ASSOCIATION. 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 for determination; and WHEREAS, the City Council of the City of Anaheim finds that approval of a new Memorandum of Understanding executed on June 30, 1995 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 June 30, 1995, 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 14, 1995. BE IT FURTHER RESOLVED that Resolution No. 94R -29 is hereby repealed effective July 14, 1995. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 1 1 th day of July 1995. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM APPROVED AS TO FORM: CITY ATTORNEY OF TW CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 95R -133 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 11th day of July, 1995, by the following vote of the members thereof: AYES: MAYOR /COUNCIL: NOES: MAYOR /COUNCIL: ABSENT: MAYOR /COUNCIL: ABSTAINED: MAYOR /COUNCIL: Taft, Zemel, Feldhaus, Daly None None Lopez AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R -133 on the 11th day of July, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 11th day of July, 1995. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Is the original of Resolution No. 95R -133 was duly passed and adopted by the City Council of the City of Anaheim on July 11th, 1995. CITY CLERK OF THE CITY OF ANAHEIM SUMMARY MEMORANDUM of UNDERSTANDING between the ANAHEIM POLICE ASSOCIATION and the CITY of ANAHEIM Term of Agreement 36 months - July 14, 1995 through July 9, 1998 Wages General Adjustment 4% October 4, 1996 V Special Equity Adjustment 0% or 3% October'), 1997 (Sales Tax formula) Alternate Work Schedules Authorize a 4/10 plan as an additional alternate work schedule option. Implement for all divisions except Uniformed Patrol and Special Operations. Traffic will continue to receive a paid meal period. Establish cooperative labor, /management review process to assess service levels and identify and address any operating problems associated with alternate work schedules. Require semi annual reviews. Ensure management discretion in developing schedules and providing appropriate coverage. 14mw 2.5% increase to Peace Officer Standards and Training Pay effective January 9, 1998 Police Officer Master Intermediate 7.5% to 10.0% Master Advanced 10.0% to 13.5% Senior Master Intermediate 10.0 to 12.5% Senior Master Advanced 12.5% to 15.0% Special Assignment Pay effective October 6, 1995 Change from $500 annually to 2.5% of hourly rate for all employees assigned to special assignment outside Uniformed Patrol. APA Settlement Summary Eliminate "pager" pay. Page 2 Officers and Sergeants reassigned outside Uniformed Patrol relinquish `Senior" status upon reassignment (Retain five year phase out for current employees who are on Special Assignment who have "Senior" status). Convert from employer paid to employee paid P.E.R.S. contributions Increase base pay by 2% and increase employee PERS deductions from 2% to 4% effective October 6, 1995. Increase base pay by 2% and increase employee PERS deductions from 4% to 6% effective October 4, 1996. rrr Increase base pay by J% and increase employee PERS deductions from 6% to 9% effective January 9, 1998. Bilingual Pay Change from $60 bi- weekly to 5% of base biweekly compensation effective October 4, 1996 Uniformed Patrol - Graveyard Shift Differential Revise the 2% shift differential eli from the six hours between midnight and 6:00 a.m. to the nine hours between 9:00 p.m. and 6:00 a.m. effective January 12, 1996. Revise the 2% shift differential eligibility from the nine hours between 9:00 p.m. and 1"„ 6:00 a.m. to the twelve hours between 6:00 p.m. and 6:00 a.m, effective January 10, 1997 Residence Incentive $10,000 loan towards a down payment for the purchase of a home within City limits. The home must be the principal residence of the employee, and will be secured. The loan will be forgiven at the rate of $1,000 per year for each year the recipient maintains it as his principal residence and remains an active Peace Officer employed by the City. Short -Term Disability Effective July 14, 1995 revise STD benefit from 60% net of taxes with standardized withholding (34 %) to 85% of gross, with normal withholding to benefit payments. APA Settlement Summary Long -Term Disability Page 3 Effective October 4, 1996, LTD premiums change from being employer paid to being paid by employee payroll deduction to provide a non - taxable benefit for LTD recipients. Increase the benefit level from 60% to 66.7% at the option of the APA. Holidays Effective July 14, 1995, reduce recognized holidays by 2 per year (Admission Day and Lincoln's Birthday). Vacation Effective July 14, 1995, revise Vacation by adding one (1) hour per pay period to each accrual level: %AW 0 to 4 years 4 hrs per pay period - 104 per year 4 to 8 years 5 hrs per pay period - 130 per year 8 to 14 years 6 hrs per pay period - 156 per year 14 to 19 years 7 hrs per pay period - 182 per year 19 and over 8 hrs per pay period - 208 per year Reinstate vacation buy back from July 14, 1995 through October 3, 1996 only. Discipline Suspensions of less than 7 days to be imposed for a specified number of scheduled work hours (due to the variation in work shifts). Change the maximum limit on suspensions from 30 days to 90 days. Grievance Procedure Limit the scope of the grievance procedure to alleged violations of the terms and conditions of the Agreement, Police Department Rules of Conduct, violation of commonly accepted safety practices, or discipline imposed under the provisions of Article 31, Salary Step Reduction. Suspension. Demotion. and Dismissal Add language limiting retroactive adjustments to a maximum of three (3) years for adjustments required as the result of error or inadvertence, and to the date a grievance is Filed for adjustments necessary because of the resolution of a dispute over the terms of the Agreement. APA Settlement Summary Discussion Page a Add an Article providing that any issue not subject to the grievance procedure may be discussed between the parties at the request of either parry. Voluntary Demotion Add language providing that an employee who voluntarily demotes to a classification he previously held shall be returned to his prior salary step. Leave Without Pay Add language allowing the City to extend authorized medical leave without pay beyond the agreed to time frames when there is sound medical reason to believe the employee's return to work is likely. Technical Corrections Various technical corrections to clarify the intent of the parties or to correct for inadvertent errors or omissions. APA Settlement Summary WAGES Peace Officer Standards and Training Pay Special Assignment Pay Conversion to Employee Paid PERS Bilingual Pay Uniformed Patrol- Graveyard Shift Differential Long Tetra Disability HolidaysNacation Total Changed Cost COSTS SUMMARY FY 95/96 FY 96/97 880,800 (20,000) 50,850 68,000 (137,000) (40,000) 69,000 152,800 23,400 10,000 (27,500) (142,000) (38,150) 926,500 Page 5 FY 97/98 1,170,000 205,000 71,600 223,800 31,200 30,000 (37,200) (145,000) 1,549,400 The current base payroll costs of employees represented by the Anaheim Police Association is $29,360,000. The total cumulative three year increased cost for this Memorandum of Understanding is $2,517,750. MEMORANDUM OF UNDERSTANDING between the ANAHEIM POLICE ASSOCIATION and the CITY OF ANAHEIM EFFECTIVE JULY 14, 1995 - JULY 9, 1998 TABLE OF CONTENTS Page WAW ARTICLE 1 Preamble 1 ARTICLE 2 Purpose 1 ARTICLE 3 APA Recognition 1 ARTICLE 4 Scope 2 ARTICLE 5 Management Rights 2 ARTICLE 6 Employee Rights 2 ARTICLE 7 Adoption of Employee Relations Rules 3 ARTICLE 8 Notification 3 ARTICLE 9 Consultation 3 ARTICLE 10 Meet and Confer 3 ARTICLE 11 Memorandum of Understanding 4 ARTICLE 12 Personnel Ordinance- Employer - Employee Relations Ordinance 4 ARTICLE 13 Discussion 4 ARTICLE 14 CheckOff 5 ARTICLE 15 APA Organization 5 COMPENSATION AND PAY PROVISIONS ARTICLE 16 Compensation 7 ARTICLE 17 Classification 7 ARTICLE 18 Appropriate Salary Step 8 ARTICLE 19 Salary Relationships 9 ARTICLE 20 Educational Incentive 11 ARTICLE 21 Hours of Work and Pay Day 12 ARTICLE 22 Temporary Upgrade 13 ARTICLE 23 Payroll Deductions 14 r-na %rr EMPLOYMENT PROVISIONS ARTICLE 24 General 15 ARTICLE 25 Appointments and Promotions 16 ARTICLE 26 Nepotism 17 ARTICLE 27 Employment Lists 18 ARTICLE 28 Probation 18 ARTICLE 29 Outside Employment 19 ARTICLE 30 Service Awards 19 ARTICLE 31 Training 20 ARTICLE 32 Salary Step Reduction, Suspension, Demotion & Dismissal 20 ARTICLE 33 Layoff and Reemployment 22 ARTICLE 34 Transfer 23 ARTICLE 35 Reinstatement 24 ARTICLE 36 Voluntary Demotion 24 LEAVE PROVISIONS ARTICLE 37 Bereavement Leave 25 ARTICLE 38 Holidays 26 ARTICLE 39 Industrial Accident Leave 27 ARTICLE 40 Jury Duty and Court Appearances 28 ARTICLE 41 Leave Without Pay 28 ARTICLE 42 Military Leave 29 ARTICLE 43 Sick Leave 30 ARTICLE 44 Vacation 33 PREMIUM PAY PROVISIONS ARTICLE 45 General Overtime 35 ARTICLE 46 Bilingual Pay 36 ARTICLE 47 Call Out 37 ARTICLE 48 Uniform Patrol - Graveyard Shift Differential 38 ARTICLE 49 Special Assignments 38 ARTICLE 50 Short Shift Change 38 ARTICLE 51 Stand By 39 ARTICLE 52 Travel and Mileage Expense 39 ARTICLE 53 K -9 Unit 40 ARTICLE 66 WORK RULES 60 ARTICLE 54 Meal Allowance 41 ARTICLE 55 Miscellaneous 42 ARTICLE 56 Police Officer Trainee 42 ARTICLE 70 GRIEVANCES 63 ARTICLE 57 Administrative Leave with Pay 42 ARTICLE 58 Grievance General 43 INSURANCE ARTICLE 59 Insurance 46 ARTICLE 60 Post Retirement Medical Benefits 51 MISCELLANEOUS ARTICLE 61 Medical Examinations 55 ARTICLE 62 Mandatory Permanent Modified Duty Program 55 \✓ ARTICLE 63 FitnessNVellness Program 58 ARTICLE 64 Fitness for Duty 59 ARTICLE 65 Fitness for Duty Assessments 59 ARTICLE 66 Joint Committee on Medical Programs 60 ARTICLE 67 Residency Incentive 60 ARTICLE 68 No Strike 61 ARTICLE 69 Implementation of Memorandum of Understanding 61 ARTICLE 70 Construction 63 ARTICLE 71 Savings Clause 63 ARTICLE 72 Duration iii 63 Page WAGES %IW APPENDIX "A" Wages December 30, 1994 - October 5, 1995 October 6, 1995 - October 3, 1996 October 4, 1996 - October 2, 1997 October 3, 1997 - Special Labor Market Equity Wage Adjustment October 3, 1997 - Sales Tax Trigger formula January 9, 1998 - July 9, 1998 - PERS Conversion APPENDIX "B" PIERS Local Safety members Percentage of Final Compensation APPENDIX "C Post Retirement Medical Benefits Percentage of Premium Costs APPENDIX "D" Nine Plan Trip Reduction Nine Plan Ten Plan Trip Reduction Ten Plan Uniform Patrol Twelve Plan 64 65 66 67 68 70 rra 73 74 76 78 79 80 iv ARTICLE 1 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 the 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. WAW 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 govemment. 2.02 These ARTICLES set forth in detail those procedures which ensure similar treatment for "aw 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 "X. ARTICLE 3 APA RECOGNITION 3.0 The APA is the recognized bargaining representative formally acknowledged as such by ANAHEIM for all employees in the job classifications listed in Appendix "A" to this agreement. 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. 11 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 procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of ANAHEIM's operations; determine the methods, means and personnel by which ANAHEIM's operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. ARTICLE 6 EMPLOYEE RIGHTS 6.0 Employees shall have all rights granted to public employees under California law. Employees shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer - employee relations. Employees also have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with ANAHEIM. No employee shall be interfered with, intimidated, restrained, coerced, or discriminated against by ANAHEIM or by any employee organization because of his exercise of these rights. 2 ARTICLE 7 P1�Z�7SICiL`[e71�Jd1�iYl��3 7.0 Employee relations rules, prepared by the Anaheim City Management Representative, under the direction of the Anaheim City Manager will be submitted to the Anaheim City Council by the Anaheim City Management Representative after discussing them with the APA. The rules shall be submitted to the Anaheim City Council for determination. The rules shall establish specific procedures and regulations governing the operation of the employer - employee relations system. ARTICLE 8 NOTIFICATION 8.0 Reasonable written notice shall be given by the Anaheim City Management Representative to the APA of any proposed ordinance, resolution, rule or regulation directly relating to matters 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. 8.1 In cases of emergency when the Anaheim City Council determines that an ordinance, resolution, rule or regulation must be adopted immediately without prior notice or meeting with the APA, the Anaheim City Management Representative shall provide such notice at the earliest practicable time following the adoption of such ordinance, resolution, rule or regulation. 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 meet and confer in order to exchange freely information, opinions and proposals and to endeavor to reach agreement on matters within the scope of representation. Nothing herein precludes the use of any impasse procedure authorized by law whenever an agreement is not reached during the meeting and conferring process and the use of such impasse procedure is mutually agreed upon by the Anaheim City Management Representative and the APA. I 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. ARTICLE 11 MEMORANDUM OF UNDERSTANDING 11.0 When the meeting and conferring process results in agreement between the Anaheim City Management r 11W Representative and the APA such agreement shall be incorporated in a written memorandum of understanding, signed by the Anaheim City Management Representative and the APA representatives. The matters incorporated in the memorandum shall be presented to the Anaheim City Council, or its statutory representative, for determination. ARTICLE 12 PERSONNEL ORDINANCE - EMPLOYER - EMPLOYEE RELATIONS ORDINANCE 12.0 The terms and conditions of employment set forth in the ordinances referred to as the Personnel Ordinance and the Employer - Employee Relations Ordinance are incorporated in verbatim by reference in this Memorandum. ARTICLE 13 G�Y�PF��iPI `W 131 It is the intent of the parties to maintain an open line of communication for the betterment of employer- employee relations. Any issue not pertaining to grievances or grievable issues may be discussed by APA or ANAHEIM at either party's request. 13.2 A party requesting a discussion may orally or in writing notify the other party of the subject to be discussed. Thereafter, a meeting shall be promptly arranged, at which meeting no more than three (3) APA officials may be present. 13.3 If the parties are not able to resolve the issues after three meetings, the issues will be considered dropped, unless both agree to meet additional times. M 13.4 If the discussion process results in an agreement between the City Management Representative and the APA to amend this Memorandum of Understanding, such agreement shall be incorporated in a written Letter of Understanding, signed by the City Management Representative and the APA representatives. The matters incorporated in the Letter of Understanding shall be presented to the City Council, or its statutory representative, for determination. ARTICLE 14 14.0 ANAHEIM agrees to checkoff for the payment of the regular monthly APA dues and to deduct such payments from the wages of all the APA members and employees when authorized to do so by said members and employees, and remit such payments to the APA in accordance with the terms of signed authorizations of such members and employees. The deduction of such dues and the remittal of same by ANAHEIM to the APA, shall constitute payment of said dues by such members and employees of the APA. ARTICLE 15 APA ORGANIZATION 15.0 The APA representatives are those elected or appointed in accordance with the constitution and bylaws of the APA. 15.01 ANAHEIM recognizes the APA's right to appoint or elect Department Representatives. 15.02 The APA shall notify the Anaheim City Management Representative, in writing, of the names and job Gass titles of its officers, department representatives and other officials each time an election is held or new appointments are made. 15.03 An employee elected or appointed as an officer or department representative of the APA shall be required to work full time in his respective job class and shall not interrupt the work of other employees. 15.1 Officers and representatives (subject to the provisions of ARTICLE 15.03) 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. 15.11 Such officers and representatives shall not enter any work location without the knowledge of the Chief of Police, division head, or other appropriate supervisor. 5 15.12 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. 15.2 In the event that the APA is formally meeting and conferring with representatives of ANAHEIM on matters within the scope of representation, a reasonable number of officers, employee representatives or other officials of the APA shall be allowed reasonable time off from their normal work schedule without loss of pay or benefits. 15.3 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. 15.4 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 r 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. 15.41 Such officers, employee representatives and officials shall not leave their duty or work station or assignment without the knowledge of the appropriate manager or supervisor. 15.42 Such meetings are subject to scheduling in a manner consistent with operating needs and work schedules. 15.5 ANAHEIM shall furnish a bulletin board at mutually agreeable, specific locations for the purpose of posting notices pertaining to APA business. 15.51 All materials must be dated and must identify the APA. 15.52 ANAHEIM reserves the right to determine what reasonable portion of bulletin boards are to be allocated to APA materials. 15.53 If the APA does not abide by these provisions it will forfeit its right to have materials posted on ANAHEIM bulletin boards. 15.6 ANAHEIM shall allow the APA to conduct meetings in Anaheim City facilities. 15.61 Such meetings shall be scheduled in accordance with regulations governing use of public meeting rooms at Anaheim City facilities. I ARTICLE 16 COMPENSATION 16.0 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 ". 154 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. 16.1 At such time as agreement is reached for such classifications, the Anaheim City Management Representative and the APA shall jointly submit a written memorandum of such understanding, which shall not be binding, to the Anaheim City Council for determination. r 16.2 Wages for the various classifications shall be set forth in Appendix "A" attached to this Memorandum and by this reference made a part hereof. ARTICLE 17 CLASSIFICATION 17.0 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. 17.01 A job class may contain one or more positions. 17.02 Classification of all positions in the classified service shall require approval of the Anaheim W City Manager. 17.1 A position may be reclassified on the basis of changes in or reevaluation of the duties, responsibilities, and /or qualification requirements of the position. 17.11 The Human Resources Director shall be responsible for recommending such reclassification as he finds to be necessary. 17.12 A reclassification shall become effective upon action by the Anaheim City Manager on a Personnel Action Form. 7 17.13 Incumbents may or may not be reclassified with their positions, based upon the recommendation of the Human Resources Director, the Chief of Police and the approval of the Anaheim City Manager. ARTICLE 18 APPROPRIATE SALARY STEP 18.0 Regular, full -time employees shall be eligible for consideration for merit pay increases as follows: 18.01 To the "J" step after completion of six months of service in the "R" step. 18.02 To the "A" step after completion of six months of service in the "J" step. 18.03 To the "B" step after completion of six months of service in the "A" step. 18.04 To the "C" step after completion of six months of service in the "B" step. 18.05 To the "D" step after completion of one year of service in the "C" step. 18.06 To the "E" step after completion of one year of service in the "D" step. . yam 18.07 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. 18.08 For purposes of this ARTICLE "six (6) months" shall be construed to mean thirteen (13) complete biweekly pay periods, and "one (1) year' shall be construed to mean twenty-six (26) complete biweekly pay periods. 18.1 Merit pay increases shall be granted upon approval of the Chief of Police for continued medtorious and efficient service and continued improvement by the employee in the effective performance of the duties of his position. 18.11 The effective date of the mart pay increases shall be the first day of the pay period following .11111. approval as provided in ARTICLE 18.1 and completion of the minimum required service in the next lower step as provided in ARTICLE 18.0. 18.2 Newly hired employees shall normally be compensated at the lowest step of the salary schedule of the job class for which they were hired. ANAHEIM may hire at a higher step in the salary schedule. 18.21 The provisions of this ARTICLE shall also apply to reemployed and reinstated employees, except as provided for in the Layoff and Reemployment ARTICLE 33.02. 18.3 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 closest to his rate of pay. If the "E" step of the salary schedule of the lower job class is lower than the incumbent's rate of pay, M the rate of pay shall be identified as the "Y" step of the lower salary schedule. An employee shall be 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. 18.4 An incumbent employee reclassified with his position to an equivalent job Gass shall retain his rate of pay and his anniversary date for purposes of merit pay increases. 18.5 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 18.0. 18.51 An employee shall be placed at the entry level step in the. salary range when promoted to WAW Police Officer Trainee. 18.6 An employee who is demoted for disciplinary reasons shall be placed in the step of the lower salary schedule that will provide a reduction in pay of not less than 4 %. The employee shall be given a new anniversary date for purposes of merit pay increases in accordance with the provisions of ARTICLE 18.0. 18.7 An employee in a job class which is assigned to a different salary schedule as a result of a pay adjustment shall retain his same salary step status in the newly authorized salary schedule and shall retain the same anniversary date for purposes of merit pay increases. 18.8 When more than one personnel action involving changes in an employee's salary step status become effective on the same day, all such changes shall be in accordance with the provisions of the preceding articles of this ARTICLE, and shall take place in the following order of precedence: (1) adjustment to same salary step in newly authorized salary MAW schedule; (2) merit pay advancement or reduction in salary step; (3) promotion, demotion, or reclassification. ARTICLE 19 SALARY RELATIONSHIPS 19.0 Effective October 4, 1996, ANAHEIM and the APA agree that the wages for all classifications represented by the APA shall be based on the salary relationships listed below: CLASSIFICATION COMPUTATION Police Officer Trainee 1.00 Police Officer 1.00 Police Officer - Special Assignment 1.05 x Police Officer 9 Police Officer - Helicopter Pilot (Commercial) 1.10 x Police Officer MA Police Officer - Helicopter Pilot (Private) 1.05 x Police Officer MA Police Officer - Master Advanced 1.10 x Police Officer Police Officer - Master Intermediate 1.075 x Police Officer Police Officer - Polygraph Examiner 1.20 x Police Officer Police Officer - Senior Master Advanced 1.125 x Police Officer Police Officer - Senior Master Intermediate 1.10 x Police Officer Police Sergeant 1.20 x Police Officer MA Police Sergeant - Helicopter Pilot (Commercial) 1.10 x Police Sergeant Police Sergeant - Helicopter Pilot (Private) 1.05 x Police Sergeant Police Sergeant - Senior Master 1.0225 x Police Sergeant Police Sergeant - Special Events 1.00 x Police Sergeant WAW 19.1 Effective January 9, 1998, ANAHEIM and the APA agree that the wages for all classifications represented by the APA shall be based on the salary relationships listed below: CLASSIFICATION COMPUTATION Police Officer Trainee 1.00 Police Officer 1.00 Police Officer - Special Assignment 1.05 x Police Officer Police Officer - Helicopter Pilot (Commercial) 1.10 x Police Officer MA Police Officer - Helicopter Pilot (Private) 1.05 x Police Officer MA Police Officer - Master Advanced 1.125 x Police Officer Police Officer - Master Intermediate 1.10 x Police Officer Police Officer - Polygraph Examiner 1.20 x Police Officer Police Officer - Senior Master Advanced 1.15 x Police Officer Police Officer - Senior Master Intermediate 1.125 x Police Officer Police Sergeant 1.20 x Police Officer MA Police Sergeant - Helicopter Pilot (Commercial) 1.10 x Police Sergeant Police Sergeant - Helicopter Pilot (Private) 1.05 x Police Sergeant Police Sergeant - Senior Master 1.0225 x Police Sergeant Police Sergeant - Special Events 1.00 x Police Sergeant 19.2 Effective October 6, 1995, an employee in any of the above classifications who is assigned to special assignment duty outside uniform patrol shall receive additional compensation of two and one -half percent (2 1/2 %) of their base hourly rate of pay. 10 ARTICLE 20 1*018IJIII161 wRK��YiIIl 20.0 Police Officers qualified as Master Intermediate shall be paid seven and one -half percent (7 % %) above Police Officer. Effective January 9, 1998, Police Officers qualified as Master Intermediate shall be paid ten percent (10 %) above Police Officer. 20.01 Police Officers shall be designated Master Intermediate when they meet the following criteria: Possession of an intermediate "POST' certificate. 20.1 Police Officers qualified as Master Advanced shall be paid ten percent (10 %) above Police Officer. Effective January 9, 1998, Police Officers qualified as Master Advanced shall be paid twelve and one -half percent (12 1/2 %) above Police Officer. 20.11 Police Officers shall be designated Master Advanced when they meet the following criteria: Possession of an Advanced "POST' certificate. 20.2 Police Officers receiving compensation as Master Intermediate or Advanced shall not have their compensation changed due to assignment. 20.3 Police Officers qualified as Senior Master Intermediate shall be paid ten percent (10 %) above Police Officer. Effective January 9, 1998, Police Officers qualified as Senior Master Intermediate shall be paid twelve and one -half percent (12 1/2 %) above Police Officer. 20.31 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. 20.4 Police Officers qualified as Senior Master Advanced shall be paid twelve and one -half percent (12 &'/2 %) above Police Officer. Effective January 9, 1998, Police Officers qualified as Senior Master Advanced shall be paid fifteen percent (15 %) above Police Officer. 20.41 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. 20.411 The Chief of Police may defer granting Senior Master "POST" status to employees otherwise eligible for premium pay under ARTICLE 20.41 whose reassignment to Patrol is other than voluntary. 11 20.5 Effective October 6, 1995, Police Officers receiving compensation as Senior Master Intermediate or Advanced shall relinquish their "Senior" status upon reassignment outside uniform patrol. 20.51 Upon completion of five continuous years of receiving compensation as Senior Master Intermediate or Advanced while not assigned to uniform patrol duty, Police Officers shall cease receiving compensation as Senior Master Intermediate or Advanced 20.6 ANAHEIM agrees that Police Sergeants qualified as Senior Master Advanced shall be paid two and one - quarter percent (2 1/4 %) above Police Sergeant. 20.61 Police Sergeants shall be designated Senior Master when they meet the following criteria: Possession of an Advanced "POST' certificate, have one year of experience as a Police Sergeant in an assignment outside uniform patrol with the Anaheim Police Department, and be currently assigned to uniform patrol duty as a Police Sergeant. 20.611 The Chief of Police may defer granting Senior Master "POST' status to employees otherwise eligible for premium pay under ARTICLE 20.61 whose reassignment to Patrol is other than voluntary. 20.62 Effective October 6, 1995, Police Sergeants receiving compensation as Senior Master Intermediate or Advanced -shall relinquish their "Senior" status upon reassignment outside uniform patrol. 20.63 Upon completion of five continuous years of receiving compensation as Senior Master while not assigned to uniform patrol duty, Police Sergeants shall cease receiving compensation as Senior Master. 20.631 To receive Senior Master Sergeant Pay assignment to uniform patrol duty must begin on or after July 7, 1989. 20.7 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. 20.8 It is understood that Police Sergeant (POST Advanced) and Master Police Officer status is subject to review in accordance with ARTICLE 58 - Grievances General. ARTICLE 21 HOURS OF WORK AND PAY DAY 21.0 The average regular work week for employees in classifications in Appendix "A ", shall be forty (40) hours. 12 21.01 For all employees with an average regular work week of forty (40) hours, the monthly rate shall be the hourly rate times 2,080 divided by 12. 21.1 Regular salaries and compensation of employees shall be paid on a biweekly basis. 21.11 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. 21.2 ANAHEIM agrees to pay annual sick leave payoff, compensatory time payoff, and holiday payoff by separate checks. 21.3 All holidays, vacation and sick leave shall be paid at the employees' regular hourly rate of pay. 21.4 ANAHEIM and the APA agree that in certain instances alternatives to the traditional work schedule may be appropriate. Such alternate work schedules shall be included as a part of this Memorandum in Appendix "D ". VaW 21.5 ANAHEIM and the APA agree to work together cooperatively to ensure that any alternate work schedule authorized by ANAHEIM is operationally effective and efficient. The parties agree to meet at least twice each year to assess service levels to the public, and to resolve any operating problems associated with the various authorized alternate work schedules. The APA acknowledges that alternate work schedules are authorized and continued at the sole discretion of ANAHEIM. Any decision to cancel an alternate work schedule included in Appendix "D" shall be discussed with the APA under the provisions of ARTICLE 13 - Discussion prior to taking final action. ARTICLE 22 22.0 Temporary upgrading shall be defined as the temporary assignment of an employee to work in a job classification which is assigned to a salary schedule higher than his regular job classification. err 22.01 Upgrade to a vacant position shall be limited to six (6) months, except in cases of extended sick leave, industrial accident leave or leave without pay. 22.1 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 13 Police Officer - Helicopter Police Sergeant Police Sergeant - Helicopter Police Sergeant - Senior Master Police Sergeant - Special Events 22.2 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 - Master Advanced Police Officer- Master Intermediate Police Officer - Senior Master Advanced .11a"' Police Officer - Senior Master Intermediate Police Sergeant Police Sergeant - Helicopter Pilot Police Sergeant - Senior Master 22.21 Employees in the job classifications listed above who are assigned to supervise the Police Department Front Counter operations shall receive a two and one -half percent (2 % %) pay differential for all time worked while assigned. 22.3 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. 22.4 ANAHEIM and the APA agree that parallel moves may be made within classifications or positions left vacant in r"' order to avoid the necessity of working an employee at a higher rated job classification. 22.5 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 23 PAYROLL DEDUCTIONS 23.0 Deductions of authorized amounts may be made from employee's pay for the following purposes: 23.01 Withholding Tax; 23.02 Contributions to retirement benefits, 23.03 Contribution to survivors' benefits; 14 23.04 Payment of life insurance and accidental death and dismemberment insurance premium, 23.05 Payment of non - industrial disability insurance premium, 23.06 Payment of hospitalization and major medical insurance premium; 23.07 Payment to or savings in the Anaheim Area Credit Union; 23.08 Contributions to United Way; 23.09 Payment of membership dues to the APA; 23.10 Purchase of United States Savings Bonds; and 23.11 Other purposes as may be authorized by the ANAHEIM City Council. WAW ARTICLE 24 GENERAL 24.0 It is hereby the declared personnel policy of ANAHEIM that: 24.01 Employment by ANAHEIM shall be based on merit and fitness, free of personal and political considerations. 24.02 Appointments, promotions, and other actions requiring the application of the merit principle shall be based on systematic tests and /or evaluations. 24.03 Positions having similar duties and responsibilities shall be classified and compensated on a uniform basis. 24.04 Tenure of employees shall be subject to good behavior, satisfactory work performance, necessity for the performance of work, and the availability of funds. 24.05 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 receive a true copy of any personnel action taken concerning their status of employment. 24.1 For purposes of recruitment ANAHEIM will notify the APA, and the APA shall refer skilled and experienced personnel to ANAHEIM for necessary testing. 24.2 Job Bulletins regarding classifications represented by the APA shall be sent to the APA during recruitment periods. 15 24.3 ANAHEIM shall be the sole judge of the testing, qualification and acceptance procedures of all applicants for employment and promotion and ANAHEIM retains the right to reject any applicant for employment; PROVIDED, HOWEVER, that no test or qualification procedures utilized by ANAHEIM or refusal to accept for employment shall be done to discriminate for or against an applicant because of 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. 24.4 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 25. ARTICLE 25 APPOINTMENTS AND PROMOTIONS `om+ 25.0 Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examinations. Examinations shall be used and conducted to aid in the selection of qualified employees, and shall consist of recognized selection techniques which will, in the opinion of the Human Resources Director, test fairly the qualifications of candidates. 25.1 Minimum standards of employment for each job classification shall be recommended by the Human Resources Director and approved by the Anaheim City Manager. 25.2 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. 25.21 Advancement to a higher paid job classification shall constitute a promotion. Promotions shall be limited to full time or part time employees of ANAHEIM. 25.3 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. 16 25.4 Candidates who qualify for employment or promotion shall be placed on an eligibility list for the appropriate job classification. At such times as a department management evaluation is included in the establishment of a promotional eligibility list, the list shall rank the eligible candidates in the order of final evaluation, and appointments from that list shall normally follow rank order. 25.5 When an appointment is to be made to a vacancy, the Human Resources Director shall submit to the Chief of Police the names on the appropriate employment list. Appointments to vacant positions shall be made by the Chief of Police, with the concurrence of the Human Resources Director. 25.51 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. -WA+ 25.6 In the absence of appropriate employment lists, a provisional appointment may be made by ANAHEIM of a person meeting the minimum qualifications for the position. An eligibility list shall be established within six (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. 25.7 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 examinations and /or evaluations and is not appointed to an ANAHEIM funded position during his period of employment under the grant, said grant funded appointee shall be terminated from ANAHEIM employment. ARTICLE 26 NEPOTISM 26.0 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. 17 ARTICLE 27 EMPLOYMENT LISTS 27.0 Employment lists, in order of their priority, shall be reemployment lists and eligibility lists. 27.1 Reemployment lists shall contain the names of regular, full -time employees laid off in good standing for lack of funds or work. 27.11 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 a new probationary period. 27.2 Eligibility lists shall be created in accordance with the provisions of ARTICLE 25. 27.21 Eligibility lists may contain the names of one (1) or more persons eligible for employment. 27.22 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. 27.23 Promotional eligibility lists shall remain in effect for a period of two (2) years or until depleted. ARTICLE 28 PROBATION 28.0 Employees appointed from eligibility lists, employees reinstated in accordance with ARTICLE 35.02 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. rry 28.01 Certain designated job classes in the classified service shall have a regular period of probation which begins on the date of appointment and ends twenty-six (26) complete biweekly pay periods after completion of recruit training. These job classes shall be: Police Officer Police Officer- Trainee 28.02 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. 18 28.03 Upon successful completion of a probationary period, an employee shall be granted regular status in the classification in which the probationary period is served. 28.1 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. 28.11 An employee rejected during the probationary period from a position to which he has been promoted shall be returned to the classification in which he has regular status unless the reasons for his failure to complete his probationary period would be cause for dismissal. An employee who has successfully completed an initial probationary period as a full time employee of ANAHEIM prior to a promotion shall be afforded all appropriate appeal rights if his failure to complete his probationary period in a position to which he has been promoted results in dismissal. Such appeal rights shall be limited to the issue of whether the proposed dismissal is for good and sufficient cause. 28.2 An employee shall be retained beyond the end of the probationary period only if the Chief of Police affirms that the services of the employee have been found to be satisfactory. ARTICLE 29 C01q[9L01:90r�iIIti��D 29.0 An employee may engage in employment other than his job with ANAHEIM, if the Chief of Police determines that such outside employment does not interfere with the performance of assigned duties and does not constitute a conflict of interest. ARTICLE 30 low SERVICE AWARDS 30.0 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. 19 Such a service award shall also be presented to any employee upon his retirement. 30.01 For purposes of this ARTICLE, the term "years of service ", shall be defined as continuous, full -time service. ARTICLE 31 TRAINING 31.0 The Human Resources Director shall encourage the improvement of service by providing employees with opportunities for training, including training for advancement and for general fitness for public service. 31.01 Reimbursement to employees for costs incurred for formalized training shall be in accordance with regulations established by the Anaheim City Manager. ARTICLE 32 SALARY STEP REDUCTION SUSPENSION DEMOTION AND DISMISSAL 32.0 The tenure of every employee shall be conditioned on good behavior and satisfactory work performance. Any employee may be suspended, demoted, or dismissed for good and sufficient cause. 321.1 When in the judgment of the Chief of Police, an employee's work performance or conduct justifies disciplinary action short of demotion or dismissal, the employee may be: 32.11 Suspended without pay. Upon taking such action, the Chief of Police shall file with the employee and the Human Resources Director a written notification containing a statement of the substantial reasons for the action. No employee shall be suspended for more than ninety (90) calendar days at any one (1) time. Suspensions imposed for less than seven (7) calendar days shall be for a specified number "A► of scheduled work hours. 32.12 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 Human Resources Director a written notification containing a statement of the substantial reasons for the action. The employee may be returned to his former salary step at such time as deemed appropriate by the Chief of Police. 32.2 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 the employee and the Human Resources Director a written notification containing a statement of the substantial reasons for the action and the effective date of the action. 20 32.3 An employee may appeal disciplinary actions under provisions of ARTICLE 58, Grievances General. 32.4 When an employee is dismissed as provided in this ARTICLE, ANAHEIM and the APA agree to the following accelerated procedure under the provisions of ARTICLE 58, Grievance Procedure: 32.41 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. 32.42 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: 32.421 Develop a standing list of mutually approved arbitrators. 32.4211 This list shall include no more than five mutually approved arbitrators. 32.4212 ANAHEIM and the APA agree to re- establish the list of arbitrators once each year in January. 32.4213 ANAHEIM and the APA may remove arbitrators from this list at anytime. 32.422 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. 32.423 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 ?" 32.5 An employee who has been suspended, demoted, or dismissed may be reinstated to his position as a result of a successful appeal through the grievance procedure. In the event of such reinstatement, the employee shall be returned to his former status of employment, including reinstatement of seniority and accrued fringe benefits. In cases heard by the Anaheim City Manager, the Anaheim City Manager shall order the payment of back pay to a reinstated 21 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 the arbitrators award. It shall be conclusively presumed that there is no award of back pay to a reinstated employee unless specifically set forth in the written order of the Anaheim City Manager. Any earnings of the reinstated employee from other employment during his period of suspension shall be deducted from the amount of back pay ordered by the Anaheim City Manager. ARTICLE 33 LAYOFF AND REEMPLOYMENT 33.0 Layoffs shall be made on the basis of seniority within the affected job classification in the Police Department and unique specialized qualifications. 33.01 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. 33.02 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 he meets the minimum requirements and has Anaheim Police Department seniority over other employees in the job classification. If the employee whose position has been abolished does not have Anaheim Police Department seniority over other employees in equivalent or lower classes, he may be reassigned by the Chief of Police to any vacant position within the Anaheim Police Department in an equivalent or lower job classification, for which he meets the minimum requirements. Employees so reassigned shall be 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 Department seniority. 33.03 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 lower job classification in any other department shall be reinstated to their former job classification and salary step status when positions in their former job classification (within their former department) become vacant. Such reinstatement shall be on the basis of Anaheim Police Department seniority. 22 33.1 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 Police Department from which they were laid off) become vacant. Reemployment shall be on the basis of Anaheim Police Department seniority. 33.2 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 pay 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. 33.31 An employee reinstated from the reemployment list shall be considered to have continuous service r.r and may be credited with the amount of accumulated sick leave he had accrued at the time of layoff if he elects to remit to ANAHEIM any payment received under the provisions of ARTICLE 43 - SICK LEAVE. 33.4 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 25.7 and newly hired probationary employees shall be excluded from the provisions of this ARTICLE. ARTICLE 34 TRANSFER 34.0 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 4OW same salary schedule as his own job classification shall also be considered a transfer. 34.01 A voluntary transfer from one (1) department to another department shall require the approval of the head of 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. 34.02 A transferred employee shall retain his rate of pay and his anniversary date for purposes of merit pay increases. 34.03 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 25. 23 34.1 Transfers for the betterment of employees and the best interests of ANAHEIM shall be encouraged by all echelons of management. ARTICLE 35 REINSTATEMENT 35.0 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. 35.01 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 �.r absence, his new anniversary date shall be the first day of the next biweekly pay period following reinstatement. 35.02 An employee reinstated after thirty (30) days of his termination date may be considered to have broken service for purposes of salary step status, and shall be considered to have broken service for all other employee benefits. 35.1 An employee may be reinstated under the provisions of the Vocational Rehabilitation Administrative Regulation to any vacant position for which they meet the minimum qualifications. ARTICLE 36 I Iu [ice [i P WA„ 36.0 If an employee takes a voluntary demotion as a result of a downward reclassification of his position, his salary step status shall be in accordance with the provisions of ARTICLE 18.3. 36.1 Voluntary demotions as a result of impending layoff shall be in accordance with the provisions of ARTICLE 33. 36.2 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 to a classification he was not promoted from may be placed in any salary step of the appropriate salary schedule that does not provide an increase in salary, and shall be given a new anniversary date for purposes of merit pay increases in accordance with provisions of ARTICLE 18.0. An employee taking such a voluntary demotion to a classification he was promoted from shall be returned to the salary step from which he was promoted and shall receive credit for timed previously served at that salary step for the purposes of determining the anniversary date for merit pay increases. 11 36.21 Voluntary demotions in accordance with the Vocational Rehabilitation Administration Regulation shall be in accordance with the provisions of ARTICLE 36.2. 36.3 An employee who has taken a voluntary demotion to a lower job classification may be reinstated to a vacant position in his former job classification within three years of the effective date of the voluntary demotion without re- qualifying by competitive processes. 36.31 An employee reinstated to 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 increases; however, if he is placed in the "A" or "B" step of the salary schedule, he shall be eligible for a merit pay increase after thirteen It 3) complete VOMW biweekly pay periods or his regular anniversary date, whichever is sooner. ARTICLE 37 BEREAVEMENT LEAVE 37.0 In the event a death occurs in the immediate family of a full -time employee, the employee shall be granted bereavement leave with pay for up to a maximum of twenty -four (24) working hours. "Immediate family" shall be defined as any relative by blood or marriage who is a member of the employee's household, under the same roof, and any parent, foster parent, stepparent, spouse, child, brother, or sister of the employee, or any child, parent, foster parent or stepparent of the employee's spouse, regardless of residence. 37.1 In the event a death occurs among other family members of an employee, the employee shall be granted bereavement leave with pay for up to a maximum of eight (8) hours. Other family members shall be defined as WAW grandparent, grandchild, daughter -in -law, son -in -law not under the same roof of the employee; and any grandparent, grandchild, brother, or sister of the employee's spouse, regardless of residence. 37.2 Employees assigned to the Uniform Patrol Twelve Plan who are eligible for bereavement leave because of the death of an "immediate family" member as defined above shall be granted bereavement leave with pay for a maximum of three consecutive (3) work shifts. Employees assigned to the Uniform Patrol Twelve Plan who are eligible for bereavement leave because of the death of "other family members" as defined above shall be granted bereavement leave with pay for a maximum of one (1) work shift. 37.3 Bereavement leave may be used only at the time a death occurs, or to make burial arrangements and /or attend funeral or memorial services. 25 ARTICLE 38 HOLIDAYS 38.0 The following days shall be recognized as holidays, and regular full -time employees shall have these holidays off with pay: January 1 st, New Year's Day Third Monday in January, Martin Luther King's Birthday Third Monday in February, President's Day Last Monday in May, Memorial Day July 4th, Independence Day First Monday in September, Labor Day November 11, Veteran's Day Fourth Thursday in November, Thanksgiving Day Friday after Thanksgiving r December 25th, Christmas Day Every day designated by the Anaheim City Council for a public feast, thanksgiving or holiday. 38.1 In the event that any of the above holidays fall on an employee's scheduled day off, said employee shall observe the preceding work day or the following work day as scheduled by the Chief of Police to provide maximum regular service to the public. 38.2 ANAHEIM and the APA agree that in the event that any recognized holiday falls on weekends, all field employees shall observe the same day. 38.3 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. 38.4 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 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 6e one (1) hour. 38.5 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. 38.6 Upon termination, an employee shall be compensated in cash at his current rate of pay for any holiday time off accrued but not taken. 26 38.7 In order to be eligible for holiday pay, an employee must be either at work or on paid leave of absence on the regularly scheduled work day immediately preceding the holiday or day observed in lieu of the holiday and the regularly scheduled work day immediately following the holiday or day observed in lieu of the holiday. No employee who is on suspension or unpaid leave of absence on either the regularly scheduled work day immediately preceding or immediately following the holiday or day observed in lieu of the holiday shall receive compensation for said holiday or day observed in lieu of the holiday. ARTICLE 39 39.0 In the event that any full -time employee is absent from work as a result of any injury or disease which comes under the State of California Workers Compensation Insurance and Safety Act, such absence shall be considered to be Industrial Accident Leave. 39.1 Any employee on Industrial Accident Leave shall receive compensation from ANAHEIM in an amount equal to the difference between temporary disability payments mandated by the State of California Workers Compensation Insurance and Safety Act and his regular rate of pay. 39.11 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. 39.2 Industrial Accident Leave shall begin on the first day of such absence as defined in ARTICLE 39.0. 39.21 Industrial Accident Leave shall continue during all absences due to a single injury, but not to exceed r one (1) year of accumulated absence. 39.22 Industrial Accident Leave benefits provided by this ARTICLE shall apply to each injury or disease as defined in ARTICLE 39.0. 39.23 The effective date of a permanent disability rating as awarded by the Workers Compensation Appeals Board ends eligibility for Industrial Accident Leave for that particular injury or disease. 39.24 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. 27 39.25 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. 39.3 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 43 and ARTICLE 44 ARTICLE 40 JURY DUTY AND COURT APPEARANCES 40.0 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. %W 40.01 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. 40.02 Whenever an employee is summoned to appear as a witness for court matters within the scope of his employment, he shall be compensated in accordance with provisions concerning compensation for normal performance of duties. 40.03 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. 4%r ARTICLE 41 LEAVE WITHOUT PAY 41.0 Any employee who is absent from work and who is not on leave with pay shall be considered to be on leave without pay. 41.01 An employee on leave without pay shall receive no compensation and shall accumulate no vacation or sick leave while on such leave. 41.02 An employee who has need to be absent from work and who is not eligible for leave with pay may request to be placed on leave without pay. Leave without pay for a period not to exceed forty (40) working hours may be granted by the employee's division head. Leave without pay in excess of forty (40) hours shall require the approval of the Chief of Police. NN 41.03 In the event that leave without pay is granted an employee for reasons of illness or physical incapacity, ANAHEIM shall continue to pay for any hospitalization and major medical insurance previously paid for by ANAHEIM for a maximum of twelve (12) complete months. ANAHEIM shall waive the payment of employee premiums for any ANAHEIM sponsored medical, dental and life insurance benefit plans for a maximum of twelve (12) complete months. 41.04 In the event that leave without pay is granted an employee for an absence due to a disputed workers compensation illness or injury, ANAHEIM shall continue to pay for any hospitalization and major medical insurance previously paid for by ANAHEIM for a maximum of twenty -four (24) complete months. ANAHEIM shall waive the payment of employee premiums for any ANAHEIM sponsored medical, dental and life insurance benefit plans for a maximum of twenty -four (24) complete months. 41.05 An employee who is absent from work for a period of (1) one year on.leave without pay shall be WAw 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 35- REINSTATEMENT. No psychological evaluation will be required. Separation under the provisions of this Paragraph shall not affect an employee's eligibility for any Disability or Worker's Compensation benefits to which he may be entitled. 41.06 Leave Without Pay as provided for in ARTICLES 41.03 and /or 41.04 may be extended at the request of the Chief of Police, and with the concurrence of the Human Resources Director, when there is sound medical reason to believe that the employee's return to work is likely. 41.07 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 `rw employee's anniversary date for purposes of merit pay increases shall be changed to conform with the provisions of ARTICLE 18.0 provided that he returns to a position in the same job Gass. If he returns to a position in a lower job class, his salary step status shall be determined in accordance with the provisions of ARTICLE 36. ARTICLE 42 MILITARY LEAVE 42.0 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 Slate of California, (Section 395) and with all Federal provisions (Public Law 93 -508). 29 ARTICLE 43 byL�li�yPl� 43.0 Employees shall accrue annual sick leave with pay in accordance with the following provisions: 43.01 Regular, full -time employees with an average regular work week of forty (40) hours shall accrue paid sick leave at the rate of three (3) hours for each complete biweekly pay period. 43.02 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 39 - Industrial Accident Leave after exhausting State mandated 4850 benefits shall accumulate no sick leave. 43.03 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 Workers 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 Workers Compensation Insurance and Safety Act and his regular base rate of pay 43.1 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. 43.2 Sick leave that is accrued, but not taken, shall be accumulated. 43.21 Regular, full -time employees with an average regular work week of forty (40) hours shall be paid at their regular hourly rate of pay for all hours accumulated beyond one hundred seventy-five (175) in �r each calendar year. Payment shall be made in January of each year, or upon the employee's termination of employment for any reason. A maximum of one hundred seventy-five (175) hours shall carry over from year to year. 43.22 ANAHEIM shall pay to an employee upon the employee's termination of employment due to retirement in accordance with ARTICLE 60 or layoff in accordance with ARTICLE 33, 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 rash equivalent of all hours accumulated up to the maximum of one hundred seventy-five (175) hours that may be carried over from year to year. 30 43.3 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 eighty -five percent (85 %) of his or her regular rate of pay before withholding taxes and less deductible benefits. Such disability benefit shall continue during total disability up to a maximum of six (6) months from date of disability. Upon completion of thirty (30) and /or ninety (90) days of absence while receiving short term disability benefits, an employee shall be required to undergo a physical examination by the treating physician or medical practitioner and shall submit a report of such examination explaining the nature and extent of the disabling illness or injury and the prognosis and date of expected return to work. Short term disability benefits shall continue beyond sixty (60) and /or one - hundred twenty (120) days of absence only upon submission of the report of physical examination by the treating physician or medical practitioner. 43.31 Deductible benefits include: salary or other compensation paid by any employer benefits under the; Workers Compensation Act or similar law including benefits for partial or total disability, whether permanent or temporary, if benefits being received are for the current disabling condition; and a pension plan toward which ANAHEIM contributed. 43.32 Total disability means an employee's complete inability to engage in his regular occupation. 43.33 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. 43.34 ANAHEIM shall waive the payment of employee premiums for any ANAHEIM sponsored medical, dental and life insurance benefit plans during any complete biweekly pay period during which short term disability benefits are paid. 43.4 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. 43.5 An employee eligible for paid sick leave shall be granted such leave for the following reasons: 43.51 Illness of the employee or physical incapacity of the employee due to illness or injury. 43.52 Enforced quarantine of the employee in accordance with community health regulations. 43.53 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. 31 43.54 Temporary disabilities caused by pregnancy and childbirth. 43.55 Illness of the employee's immediate family. 43.6 An employee who cannot perform his assigned duties due to illness or physical incapacity shall inform his immediate supervisor of the fact and the reason therefore as soon as possible. Failure to do so within a reasonable time may be cause of denial of sick leave with pay. 43.7 In the event that an employee is absent on sick leave in excess of twenty-four (24) consecutive working hours, the Chief of Police or division head may require that the employee submit to him a written statement by a physician licensed by the State of California certifying that the employee's condition prevented him from performing the duties of his position. Failure on the part of the employee to comply with such a requirement may be considered cause for disciplinary action. 43.8 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. 43.9 Effective December 19, 1980, accrued sick leave hours shall be entered in a new sick leave plan and regular full -time employees with an average regular work week of forty (40) hours who were employees as of that date shall have up to one hundred seventy-five (175) hours transferred to the usable sick leave account. The remainder (over 175 hours) shall be credited as follows: seventy-five percent (75 %) to be reported as service credit at retirement; twenty-five percent (25 %) converted to cash value at the employee's current (December 19, 1980) regular hourly rate of pay and paid with interest at retirement, layoff or to his beneficiary, as designated by Public Employee's Retirement System records if the employee dies while employed. 43.91 An employee who has more than five (5) years of continuous City service and is age 50 or older may �,. elect once each calendar year to receive all or a portion of his Employee Sick Leave Trust Fund amount. When requested, such payments may be diverted to the employee's Deferred Compensation account, within limits established by law or paid in cash by separate check subject to standardized withholding taxes. When partial payment is requested, the amount shall not be less than 25% of the balance, and a maximum of four (4) such partial payments shall be allowed with the fourth payment paying the entire remaining balance in the account. 43.10 If two or more periods of total disability occur during a specific six -month elimination period for the insured LTD plan, all such periods shall be considered as one period of continuous total disability under the following conditions: 43.101 All periods of total disability must be due to the same cause or causes; and 32 43.102 All recurring periods of total disability that qualify as one period of continuous total disability for the insured LTD plan, shall qualify as one (1) period of continuous total disability for the Short Term Disability Plan and shall not require a new one -month waiting period before Short Term Disability Benefits shall be paid; and 43.103 Commencement of the benefit period for the insured LTD plan shall automatically terminate benefits from the Short Tenn Disability Plan. ARTICLE 44 VACATIONS `„ ' 44.0 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: 44.01 For the first four (4) years of continuous, full -time service such employees shall accrue paid vacation at the rate of four (4) hours for each complete biweekly pay period plus two (2) hours of paid vacation at the close of the final complete biweekly pay period of each fiscal year (106 hours a year). 44.02 Upon completion of four years of continuous. full -time service such employees shall accrue paid vacation at the rate of five (5) hours for each complete biweekly pay period (130 hours a year). 43.03 Upon completion of eight years of continuous, full -time service, such employees shall accrue paid vacation at the rate of six (6) hours for each complete biweekly pay period (156 hours a year). A,n 44.04 Upon completion of fourteen (14) years of continuous full -time service such employees shall accrue paid vacation at the rate of seven (7) hours for each complete biweekly pay period (182 hours a year). 44.05 Upon completion of nineteen years of continuous, full -time service, such employees shall accrue paid vacation at the rate of eight (8) hours for each complete biweekly pay period (208 hours a year). 44.1 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 39 - 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 33 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. 44.2 An employee shall be eligible to take any accrued vacation upon completion of thirteen (13) continuous biweekly pay periods of service. 44.3 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. 44.4 Maximum vacation accumulations for employees with an average regular work week of forty (40) hours shall be as follows: 44.41 For employees accruing vacation at the rate of one hundred six (106) hours for every twenty -six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be two hundred twelve (212) hours. 44.42 For employees accruing vacation at the rate of one hundred thirty (130) hours for every twenty -six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be two hundred sixty (260) hours. 44.43 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. 44.44 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. 44.45 For employees accruing vacation at the rate of two hundred eight (208) hours for every twenty-six (26) complete biweekly pay periods, the maximum amount of vacation that may be accumulated shall be four hundred sixteen (416) hours. 44.5 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. 44.6 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 accrued vacation shall be those hours that the employee is regularly scheduled to work. 34 44.7 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: 44.71 A minimum of eighty (80) hours of vacation must have been used during the previous payroll year. 44.72 An employee's request for the annual vacation payoff is subject to the approval of the employee's department head. 44.73 Payment shall be made in January of each year. 44.8 Notwithstanding the provisions of ARTICLE 44.7 above, any employee in a classification listed in Appendix "A" may request at any time after the effective date of this Agreement and through October 3, 1996, to be paid for vacation time accrued but not used. Such request shall require the approval of the Chief of Police. ARTICLE 45 GENERAL OVERTIME 45.0 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 (' /z) times his regular hourly rate of pay. For the purpose of determining an employee's eligibility for overtime compensation under the provisions of this ARTICLE, an employee shall be regarded as having performed authorized work when he or she is on an authorized paid leave of absence. 45.01 Overtime shall be calculated to the nearest one- quarter hour of overtime worked, except any overtime of less than one -half ('/2) hour duration shall be calculated to the nearest one -half (Y:) hour. %%W 45.02 All overtime must be authorized by the appropriate division head. 45.03 Compensatory time at the overtime rate for employees may be authorized by the appropriate supervisor in lieu of pay on the basis of the best interests of the Anaheim Police Department and ANAHEIM, but, the employee shall have the option of being paid in cash for any overtime work performed, or accepting the half time portion in pay and accumulating the straight time. He shall also have the option of accruing up to a maximum of eighty (80) hours compensatory time per year. Such compensatory time shall be paid off to a balance of forty (40) hours on the last payday in June of each year. A terminating employee shall be compensated at his current rate of pay for accrued compensatory time. 45.04 Notwithstanding the above overtime provisions, there shall be no compensation for the time spent in attending meetings of any kind which are for the purpose of education or training. 35 45.1 The job class of Police Sergeant - Special Events 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. This job Gass shall be designated in the resolution establishing rates for job classes by an "X" before schedule numbers. Exempt compensatory time off (at the rate of straight time) or overtime at the rate of time and one -half at the employees election for overtime worked by employees during the sixth or seventh days in a work week in this job class may be authorized and administered by the Chief of Police. Exempt compensatory time off shall be authorized during a partial work day or shift absence when the employee is no longer eligible to receive any other authorized paid leave. 45.2 Employees assigned to work overtime 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. 45.3 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: 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 '/2 times the hourly rate of Police Sergeant "E" step. 3. Police Sergeants Ordered to Work Employees currently employed as Police Sergeant who are ordered to work the event. ARTICLE 46 BILINGUAL PAY 46.0 Employees required to speak, read 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 through October 3, 1996. Effective October 4, 1996, such employees shall be compensated at the rate of five percent (5 %) of their regular biweekly pay per pay period in addition to their regular pay. 46.01 The Chief of Police shall designate which positions shall be assigned bilingual duties and shall determine which languages where there is a substantial non - English speaking population in the community shall be eligible for Bilingual Pay. 36 46.02 The Human Resources Director shall conduct a test of competency for employees whose positions have been assigned bilingual duties to certify these employees eligible for Bilingual Pay, except that operating departments with authorized bilingual certifier may conduct their own test of bilingual competency and notify the Human Resources Director of the outcome of the test. 46.03 Bilingual Pay eligibility shall continue in accordance with the above provisions during any period of leave with pay. 46.1 ANAHEIM agrees that no employee shall be required to take the test of competency and receive Bilingual Pay. ARTICLE 47 47.0 Call out compensation shall be in accordance with the following provisions: 47.01 All emergency call -out time shall be calculated to the nearest one - quarter ('/4) hour of time worked. 47.02 When an employee is called out for emergency work, he shall be paid at the rate of one and one -half ('/3) times his regular rate of pay for such emergency work. 47.03 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. 47.04 Forty -five minutes time shall be added to the time worked to compensate the employee for travel time incurred for each emergency call out. ,ftw 47.05 Employees subpoenaed to appear during off -duty hours as a prosecution witness for court matters within the scope of their employment and who receive such subpoenas after 5:00 PM of the calendar day prior to the date of court appearance shall receive overtime compensation according to emergency call out provisions. 47.06 Employees subpoenaed to appear during off -duty hours as a prosecution witness for court matters within the scope of their employment and who receive such subpoena before 5:00 PM the calendar day prior to the date of court appearance shall be compensated at the appropriate rate of pay. 47.1 A minimum of two (2) hours pay at the rate of one and one -half times the employee's regular rate of pay shall be guaranteed for planned overtime, except when such overtime occurs immediately before or after a regular work period. 37 ARTICLE 48 UNIFORM PATROL - GRAVEYARD SHIFT DIFFERENTIAL 48.0 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. 48.1 Effective January 12, 1996, an employee assigned to uniform patrol who works a shift that includes any of the nine hours between 2100 (9:00 p.m.) and 0600 (6:00 a.m.) shall be eligible to receive uniform patrol graveyard shift differential pay for those regular hours worked. 48.2 Effective January 10, 1997, an employee assigned to uniform patrol who works a shift that includes any of the twelve hours between 1800 (6:00 p.m.) and 0600 (6:00 a.m.) shall be eligible to receive uniform patrol graveyard shift •r.r differential pay for those regular hours worked. 48.3 A premium of 2.0% of the employee's regular hourly rate of pay shall be paid for work performed in the graveyard shift. 48.31 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. 48.32 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 49 SPECIAL ASSIGNMENTS 49.0 Effective October 6, 1995, a Police Officer or Police Sergeant assigned to special assignment duty outside uniform patrol shall be compensated in accordance with ARTICLE 19.2. ANAHEIM and the APA agree that such employees may be required to carry pagers for the purpose of being on call to handle emergency situations arising at times other than during normal working hours as part of their Special Assignment duties. ARTICLE 50 �9 : N 7 : i X9.9 I i t�7 ➢ GQt : D 50.0 Short shift change as defined herein shall be compensated at the rate of one and one -half (%2) times the employee's regular hourly rate of pay. 38 50.01 The first work day on a new schedule after transfer from one schedule of working days to another without notification of such transfer at least twenty -four (24) hours in advance of the starting time of the new schedule. 50.02 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. 50.03 Whenever required to transfer from one schedule of working days to another with but eight (8) hours off between shifts more than once in a work week. 50.04 No overtime compensation shall be paid for any hours worked on a second shift in any twenty-four (24) hour period, which hours are worked as a result of the regular shift rotation or which hours are worked as a result of shift changes or changes in days off mutually agreed upon by employees for their convenience. Any changes in days off must be in the same work week. ARTICLE 51 STAND BY 51.0 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. 51.1 An employee assigned to standby duty for purposes of being on call for court appearances within the scope of his employment arising at times other than during normal working hours shall be guaranteed two (2) hours of pay at his regular hourly rate of pay for each calendar day of such standby duty. ARTICLE 52 M�:i•1�1��1�I� � 52.0 Travel expense allowance for employees while on ANAHEIM business shall be provided in accordance with regulations established by the Anaheim City Manager and /or the Anaheim City Council. 52.1 Anaheim's Mileage Reimbursement rate will be the maximum mileage allowance established by the Internal Revenue Service for which an employee does not have to account to his employer for business transportation expenses. 52.2 Any increase or decrease shall be effective the first day of the second month after the date of publication by the Internal Revenue Service. 39 ARTICLE 53 K- - UNI T 53.0 Officer Selection 53.01 The Anaheim Police Department shall determine the standards and procedures for selection of officers assigned to the K -9 Unit. 53.1 Compensation 53.11 Premium and call out compensation shall be in accordance with the provisions of ARTICLES 45 and 47. 53.2 Conditions of Assignment 53.21 Officers selected for the K -9 Unit shall agree to a two (2) year minimum assignment to the K -9 Unit. 53.22 K -9 officers shall reside within 30 minutes normal driving time from the Police Department. 53.23 K -9 officers shall have the approval of all family members living in the same household and all adjacent neighbors to participate in the K -9 Unit. 53.24 ANAHEIM shall be responsible for constructing a dog house and run on the K -9 officer's property. 53.25 K -9 officers shall live in a single - family dwelling. If renting or leasing the officer shall have a long -term agreement and written permission of the property owner to house the dog. 53.3 Program Operation 53.31 Equipment Assignment. r 53.311 K -9 officers shall be permanently assigned a squad car, hand -held radio and a charger which will be kept at the officers home when not on duty. 53.312 Such general training and handling equipment as required to maintain the dog in first -rate condition shall be provided by the Anaheim Police Department. 53.32 Care of the dog 53.321 The Anaheim Police Department shall provide necessary veterinarian visits on duty or officer shall be compensated at the appropriate overtime rate of pay for off -duty visits in accordance with ARTICLE 45 - General Overtime. 53.322 The Anaheim Police Department shall provide dog food and feeding utensils. HUI 53.323 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. 53.324 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. 53.4 Training as directed by the Anaheim Police Department shall be conducted while the officer is on duty. Overtime training shall be compensated at the regular overtime rate of pay in accordance with ARTICLE 45, GENERAL OVERTIME. ARTICLE 54 MEAL ALLOWANCE 54.0 ANAHEIM shall provide an employee adequate meals under the following conditions. 54.01 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. 54.02 An employee will be provided one meal if he is called back to emergency overtime work within one and one -half (1 '' /2) hours after normal quitting time and works beyond two and one -half (2 'h) hours after normal quitting time. 54.03 An employee shall be provided an adequate meal if he works two (2) hours or more overtime beyond the normal quitting time. `.r 54.04 An employee shall receive one meal if he is scheduled to work overtime two (2) hours or more before a regular day. 54.05 An employee shall be provided an adequate meal at four (4) hour intervals during the performance of emergency overtime work. 54.06 Meal time shall be compensated at the appropriate overtime rate and shall normally be limited to one -half ('/2) hour with a maximum limit of forty-five minutes paid meal time. 54.07 An employee may, at his request, be compensated for meals at the rate of one -half (' /z) hour of overtime pay per meal. 41 ARTICLE 55 MISCELLANEOUS 55.0 Motorcycle and Vice, Narcotics, Criminal Intelligence employees shall not be granted travel time when driving an ANAHEIM City vehicle to and from work. 55.1 Uniformed personnel of the Police Department and certain other designated personnel shall be furnished uniforms in accordance with regulations established by the Chief of Police. 55.2 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 wom. ARTICLE 56 POLICE OFFICER TRAINEE 56.0 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). 56.1 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. 56.11 Employees who were hired on or before July 2, 1992, shall use their hire date as the seniority date. 56.12 Employees who were hired on or after July 3, 1992, shall use their swom 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. 56.13 Should two or more employees share the same seniority date, preference shall then be established by the alphabetical listing of surnames. ARTICLE 57 ADMINISTRATIVE LEAVE WITH PAY 57.0 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: 57.01 Officers involved in shooting. 42 57.02 Officers suspected of wrongful acts at such times as the best interests of ANAHEIM are served by keeping such officers away from the workplace. 57.03 Employees judged by a manager or supervisor to be "unfit" to safely perform assigned duties and required to undergo a fitness for duty assessment shall be eligible to receive Administrative Leave With Pay from the day an employee is judged to be unfit to the day a fitness for duty assessment is received by the Police Department. For the purpose of ARTICLE 65 - Fitness for Duty Assessments, Administrative Leave With Pay shall be combined with Sick Leave Pay to satisfy the elimination period for entitlement to Short Term Disability Benefits. ARTICLE 58 GRIEVANCES GENERAL 58.0 Any violation of the terms and conditions of this Agreement or the Police Department Rules of Conduct, or any violation of commonly accepted safety practices and procedures as alleged by the APA shall be considered to be a r.r matter subject to review through the grievance procedure and settled in accordance with the provisions of this ARTICLE. Any discipline imposed under the provisions of ARTICLE 32 - Salary Step Reduction, Suspension, Demotion, and Dismissal shall also be considered to be a matter subject to review through the grievance procedure and may be brought forward by either the APA or the affected employee on his own behalf. 58.01 ARTICLE 32.4 provides for an accelerated procedure under the provisions of this ARTICLE when an employee is dismissed. 58.1 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. 58.2 All filing fees and arbitrator expenses shall be borne equally by ANAHEIM and the APA. Any compensation 140W payable to an employee who is required to be available to testify as a witness shall be borne by the calling party. 58.3 Employee grievances shall be handled in the following manner: 58.31 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 the occurrence of the incident involved in the grievance. The division head shall deliver his answer within five (5) working days after submission of the grievance to him. 58.311 Grievances resulting from the actions of a department other than an employee's work unit shall be heard by an appropriate Administrative Manager from that department. 43 58.32 Second Ste o . If the grievance is not satisfactorily adjusted in the First Step, it shall be submitted in writing to the 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 Chief of Police shall meet with the employee and /or his designated representative within ten (10) working days after submission of the grievance to him. The Chief of Police shall review the grievance and may affirm, reverse, or modify as he deems appropriate, the disposition made at the First Step and shall deliver his answer to the employee and /or his designated representative within five (5) working days after said meeting. 58.321 Grievances resulting from the actions of a department other than an employee's work unit shall be heard by an appropriate Administrative or Executive Manager from that department. 58.33 Third Step. If the grievance is not satisfactorily adjusted in the Second Step, it shall be submitted to +ter an impartial arbitrator for a final and binding decision (or, if the Anaheim City Manager and the employee and/or his designated representative agree, it shall be submitted to the Anaheim City Manager for a final and binding decision). Such submission must occur within thirty (30) calendar days after the Chief of Polices answer is received. 58.331 The parties (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. 58.34 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. 58.35 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. 58.4 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 the Chief of Policeis 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. 44 58.41 The arbitrator's decision shall be final and binding on both parties, it being agreed that the arbitrator shall have no powers to add to or subtract from nor to modify any of the terms of any Memorandum of Understanding between the parties and that the arbitrator's award shall be consistent with and controlled by this Memorandum, Ordinances and Charter of Anaheim, and the laws and Constitution of the State of California. 58.42 The arbitrator shall be requested by the parties to render his decision in writing as quickly as possible but in no event later than thirty (30) days after the conclusion of the hearings, unless the parties agree otherwise. 58.5 Any grievance not presented and /or carried forward by the employee and /or his designated representative within the time limits specified in this ARTICLE shall be deemed null and void, provided, however, the employee and /or his designated representative and the ANAHEIM representative may agree to continue said time limits. 4 40. 58.6 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. 58.8 Grievances relating to alleged violations of the terms and conditions of this Agreement are reserved exclusively to the APA. Employees shall have the right to be represented in all other grievance matters in the following manner: 58.81 Employees shall have the right to represent themselves individually in grievance matters. 58.82 Employees may designate a representative to represent them in grievance matters. 58.83 No supervisor shall be represented in grievance matters by an employee whom he may supervise. %W 58.84 No employee shall be represented in grievance matters by a supervisor for whom he may work. 58.9 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. 58.10 ANAHEIM and the APA agree that any retroactive pay adjustment due an employee as the result of error or inadvertence shall be limited to three (3) years or the date of the occurrence, whichever is most recent. Any retroactive pay adjustment due an employee as the result of the resolution of a dispute over the application of the terns and conditions of this Agreement shall be limited to the pay period prior to the date that ANAHEIM was noticed of the dispute. 45 ARTICLE 59 INSURANCE 59.0 Active Employees 59.01 Health Plans 59.011 ANAHEIM agrees to offer prepaid and/or insured health plans recommended by the Joint Committee on Medical Programs and approved by the Anaheim City Council. Health Maintenance Organization (HMO) benefit schedules shall be standardized to the extent possible, and shall require a $5 copayment for outpatient and physician services, and for prescription drugs. 59.012 ANAHEIM shall contribute towards the monthly cost of health coverage to the various medical plans as follows: Employee Medical Plan not to exceed 110% of the Kaiser monthly rate through December 31, 1996. All other Health Plans not to exceed 100% of the Kaiser monthly rate through July 9, 1998. Employees who are covered by other health plans may present proof of such coverage in order to receive $100 per month in lieu of health benefits provided herein. This shall apply to the dependent spouse of married Anaheim employee couples. In the event an employee who has elected this option loses health coverage for any reason, and notifies ANAHEIM of such loss within five (5) working days, he /she may enroll immediately in any plan offered by ANAHEIM. Employees may re -elect the "opt -out" option annually during open enrollment, or may enroll in a City sponsored health plan. low 59.013 The Employee Medical Plan shall be described in a booklet which shall become a part of this Memorandum by reference. ANAHEIM and the APA agree that the Employee Medical Plan shall be replaced by an acceptable alternative plan on or before January 1, 1997. 59.014 For all medical plans, married ANAHEIM employee couples shall be allowed only one medical plan and only one dental plan to cover all family members, and married ANAHEIM employee couples covered by one plan shall pay no health insurance premium while both spouses are employed by ANAHEIM. The premium waiver provided herein shall be discontinued December 31, 1996. Effective January 1, 1997, married City employee couples shall have the option to elect the "opt -out" program for the dependent spouse as described in ARTICLE 59.012 or to direct the City to increase its normal contribution towards health coverage by an amount up to the City's contribution towards single -party coverage. 46 59.015 Proof of marriage shall be required of all employees enrolled in any City Medical plan to enroll a dependent spouse after February 1, 1984. 59.016 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. 59.017 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. 59.018 In the event that eligible survivors of an employee who died as the direct and proximate result of personal injury sustained in the line of duty elect to continue health benefit coverage under COBRA, ANAHEIM shall continue to pay for any hospitalization and major medical insurance 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. 59.02 Life Insurance 59.021 ANAHEIM agrees to contribute to the APA Life Insurance Trust Fund $8.00 per month per employee during the term of this memorandum. 59.022 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 but less than WAW 15,000 but less than 20,000 and 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 AMOUNT OF LIFE INSURANCE $15,000 $20,000 $25,000 $ 1,000 $ 100 $ 200 $ 400 $ 600 $ 800 47 59.023 An employee who retires shall receive a paid -up life insurance policy, paid for wholly by ANAHEIM, with a face value of $100.00 for each complete year of service and $50.00 for more than six months, but less than a complete year of service up to a maximum of $2,000.00. 59.024 ANAHEIM shall pay a $10,000 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. 59.031 ANAHEIM agrees to pay the cost of longterm disability insurance through October 3, 1996. Effective October 4, 1996, employees shall pay the cost of long term disability insurance premiums. 59.032 ANAHEIM shall remit 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. 59.033 ANAHEIM shall only provide long term disability for nonoccupational disabling conditions, commencing February 1, 1984, provided however, that employees who apply for an industrial disability pension under PERS shall be advanced 50% of their regular monthly pay until such time as they receive their first PERS disability retirement check. f`J 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. 59.034 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 failure to report "deductible earnings ", ANAHEIM may reduce any settlement award or pay check to recover the cost of the overpayment. 59.035 ANAHEIM and the APA agree in the event an LTD overpayment by a carrier occurs as a result of a contested Workers' Compensation claim or as a result of the failure to report "deductible earnings ", the employee /recipient of such LTD benefits agrees to fully honor his own contractual obligations to the LTD carder to repay any overpayment directly to the LTD carrier. W 59.04 Dental Plans 59.041 ANAHEIM agrees to continue sponsorship of the fee for service dental plan. 59.042 ANAHEIM agrees to continue sponsorship of prepaid dental plans. 59.043 For the various Dental Plans, ANAHEIM shall during the term of this Memorandum pay an amount equal to 100% of the current monthly Safeguard rate. In the event the Safeguard Dental Plan is canceled 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. 59.05 Short Term Disability 59.051 ANAHEIM agrees to continue sponsorship of the employee paid short-term disability insurance coverage for presently enrolled employees during the term of this Memorandum. *am- 59.052 ANAHEIM agrees to provide the existing Short Term Disability plan. ANAHEIM agrees to pay ANAHEIM'S portion of medical, dental, life, and optical insurance during the receipt of short term disability benefit. 59.06 Pensions 59.061 ANAHEIM shall pay the Employees' nine percent (9 %) contribution for this plan in a manner authorized under Section 414(h)(2) of the Internal Revenue Code. 59.062 ANAHEIM shall contribute a portion of the cost of employee retirement benefits in accordance with the provisions of the contract between ANAHEIM and the Public Employees' Retirement System. 59.063 ANAHEIM shall contribute a portion of the cost of employee survivors' benefits in accordance with the provisions of the above contract. 59.064 Effective June 17, 1994, ANAHEIM implemented the provisions of Section 414(h)(2) of the Internal Revenue Code to establish an "employer pickup" program for the purpose of providing favorable tax treatment for statutorily required employee contributions to PERS. 59.0641 In accordance with that program, the base salary of each sworn employee shall be increased by an amount equal to the value of 2% of the statutorily required 9% employee retirement contribution to PERS (i.e. 2/9 of the entire required employee retirement contribution to PERS). 49 This remuneration paid out of funds controlled by ANAHEIM for services performed during normal working hours, including time during which the employee is excused because of a paid leave of absence, shall be regarded as part of the normal monthly rate of pay or base pay of the employee, and therefore, his or her "pay rate" within the meaning of Sections 20022 and 20023 of the California Government Code, as amended effective July 1, 1994. As such, this additional base salary shall be reported to PERS as "compensation eamable", and shall be treated as base salary, or wages, for all purposes, including, but not limited to, calculating overtime compensation, bonuses, and assignment pay, except that it shall not be included in the calculations for determining cashing out accumulated leave balances. In addition, the salary increase shall be regarded as deferred income, not ordinary income, for federal and state income tax purposes, both withholding and reporting. Coincidental with this salary increase, each employee shall pay a portion of the statutorily required 9% employee retirement contribution to PERS as reflected in Appendix "A ". However, pursuant to Section 414(h)(2) of the Internal Revenue Code, those employee payments shall be "picked up" by ANAHEIM and, thus, regarded as employer contributions. 59.0642 The remaining portion of the statutorily required employee retirement contribution to PERS shall continue to be paid by ANAHEIM as reflected in Appendix "A" as employer paid member contributions authorized by Section 20615 of the California Government Code. These contributions shall not be included in the wages of the employees for any purposes, ti including reporting the compensation eamable of employees to PERS, calculating overtime payments, bonuses, assignment pay or cash out of accumulated leave balances, or for any other purpose. 59.0643 The "employer pickup" program authorized under this ARTICLE shall apply uniformly to all employees covered by this agreement and no individual shall have any option to deviate from this arrangement. 59.0644 ANAHEIM and APA agree that ANAHEIM has exercised reasonable diligence in researching and implementing the employer pickup program. ANAHEIM shall not be held responsible for any changes in state or federal laws, any public or private rulings, or any interpretation of existing law or regulation that may affect the tax treatment of pension contributions under this Agreement. 50 59.065 The contract between PIERS and ANAHEIM as it applies to employees in classifications listed in Appendix "A" shall become a part of this Memorandum by reference. ARTICLE 60 POST RETIREMENT MEDICAL BENEFITS 60.0 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 be eligible to participate in any ANAHEIM sponsored health (medical benefits only) plan as a retiree. 60.01 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 parry coverage $15.00 monthly Family coverage $45.00 monthly 60.02 The surviving spouse of the retiree may continue coverage under the same terms and conditions. 60.03 Employees who were hired 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. 60.031 The employee must have completed at least five (5) years of continuous, full -time ANAHEIM service on the date of retirement, and 60.032 The employee must have been awarded a retirement from the Public Employees' Retirement System ( "PERS ") as the reason for separation from ANAHEIM service, and 60.033 PIERS retirement benefits must commence no later than the first day of the month following the date of separation from ANAHEIM service. 60.034 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 51 ANAHEIM Years of Service At Aqe 60 Service Retirements Under Age 60 10 -14 40% 20% 15 -19 60% 30% 20 -24 60% 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. If the retiree participates in an 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. WAW Employees hired February 1, 1984 or later Service Retirements ANAHEIM Years of Service At Age 60 Under Age 60 10 -14 20% 10% 15 -19 30% 15% 20 -24 40% 20% 25+ 45% 22'/2% 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 retiree participates in an 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. 60.035 The surviving spouse of the retiree may continue coverage under the same terms and conditions. 52 60.04 Employees who refire on or after July 1, 1985, and who meet the requirements described below shall be eligible to participate in any ANAHEIM sponsored health plan. 60.041 The employees must have completed at least ten (10) years of continuous, full time ANAHEIM service on the date of retirement, and 60.042 The employee must have been awarded a retirement from PIERS as the reason for separation from ANAHEIM service, and 60.043 PIERS retirement benefits must commence no later than the first day of the month following the date of separation from ANAHEIM service, OR rr 60.044 The employee must have been awarded a disability retirement (Ordinary or Industrial) from PERS as the reason for separation from ANAHEIM service. 60.045 ANAHEIM shall contribute towards the premium costs of the ANAHEIM sponsored health plan elected by the employee according to the following schedule: 60.0451 For Service Retirements, the contribution shall be a percentage of the annual Single or Two Parry contribution made by ANAHEIM on behalf of active employees, the percentage equal to 1.2 times the Safety PIERS 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 calculated to the nearest complete one quarter year. 60.0452 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 retirement. ANAHEIM service shall be calculated to the nearest complete one quarter year. 60.0453 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. 53 60.046 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 the 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. 60.047 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. 60.048 The surviving spouse of the retiree may continue coverage under the same terms WSAr 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. 60.05 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. 60.06 The following conditions shall apply to all retirees who have post retirement medical benefit coverage under this article: 60.061 Once canceled for any reason, coverage shall not be reinstated. 60.062 Coverage shall be canceled for non payment of fees after three months in arrears. 60.063 There shall be Coordination of Benefits where other insurance exists. 60.064 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. 60.065 Vision Care benefits provided under the Employee Medical plan are excluded from benefits for retired employees. 54 ARTICLE 61 MEDICAL EXAMINATIONS 61.0 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. 61.1 In order to be eligible for promotion or transfer to a job class in a category requiring greater physical qualification than his present job class, any employee must pass the appropriate medical examination. 61.2 Any employee who returns to 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. 61.21 Any employee who fails to pass a medical examination required under the provisions of ARTICLE ra► 61.2 may be transferred or demoted to a y position requiring lesser medical qualifications, or recommended for disability retirement, or terminated. 61.3 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. 61.4 ANAHEIM shall pay for any medical examination required under the provisions of this ARTICLE. 61.5 Employees shall be required to provide their department, on the same frequency that their health plan provides for routine physical examinations, evidence of good health. ARTICLE 62 ~ MANDATORY PER MANENT MODIFIED DUTY PROGRAM 62.0 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: 62.01 Upon notification by an ANAHEIM approved physician (ANAHEIM may select, at its discretion, the employee's treating physician as ANAHEIM approved physician) of permanent work restrictions, and /or the permanent and stationary status for an accepted industrial injury of an APA safety employee that precludes the employee from performing the full range of duties of his classification, ANAHEIM may, after conferring with the employee, select an appropriate available Program assignment. 55 62.011 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. 62.012 The employee shall retain his current rank or classification regardless of the Program assignment. 62.013 Any employee participating in the Program may, at any time, request to be considered for reassignment to another Program assignment. 62.014 Participation in the Program shall be considered return to usual and customary occupation for purposes of vocational rehabilitation. 62.02 Employees assigned to the Program shall be compensated at their normal hourly rate of pay including educational incentive pay and special assignment pay. 62.021 Employees assigned to the Program may apply for and receive "POST" premiums conditioned on the continuing recommendation of the Chief of Police. 62.022 Employees at different rates of pay may be placed in similar Program assignments. 62.03 Employees shall be assigned by the Chief of Police to Program assignments in accordance with the needs of the Police Department and individual medical work restriction. Such assignments may be modified to accommodate work restrictions. 62.031 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. 62.032 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. 62.033 The hours worked by employees assigned to the Program shall be in accordance with the needs of ANAHEIM and in accordance with the Memorandum of Understanding. 56 62.04 Assignment to the Program shall continue until any of the following occurs: 62.041 ANAHEIM can no longer accommodate the employee's medical work restrictions and the employee receives a disability retirement. 62.042 The employee is medically released to full range of duties on a full time basis. 62.043 The employee is promoted to a higher classification in a regular position that the employee is medically qualified to perform. 62.044 ANAHEIM approves an employee generated disability retirement and retires the employee. 62.045 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. 62.05 Promotional opportunities will occur via the normal promotional processes. 62.051 When an employee assigned to the Program is ranked next on an eligibility list, he shall be promoted to any vacant position for which he is medically qualified. The Chief of Police is not required to transfer any employee in order to promote the employee. 62.06 All Program assignments shall be to productive work, provided the duties of the assignment may be vow modified to accommodate the permanent work restriction medically placed on the employee. 62.07 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. 62.08 This Memorandum shall apply only to those employees in a safety classification as designated by PIERS and represented by the APA. 62.09 ANAHEIM shall, after discussion with the APA, revise A.R. 2.67 to accommodate the terms and conditions of this Memorandum. 57 62.10 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: 62.101 Any employee who has been at work in a Program assignment for all scheduled work hours for thirty (30) consecutive calendar days shall receive a one (1) time Extended Disability benefit balance credit of one thousand (1000) hours which shall be available for periods of temporary disability from work due to the medical conditions for which the employee was assigned to the Program for which Labor Code 4850 benefits have been previously paid. 62.102 Labor Code 4850 benefits must be exhausted prior to the utilization of Extended Disability benefits. 62.103 Extended Disability benefits shall be paid at a net sixty percent (60 %) of the employee's base rate of pay after withholding taxes less deductible benefits as identified in ARTICLE 43, Sick Leave. 62.104 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. 62.105 Eligibility to use the Extended Disability benefit, shall be supported by a physician's certification verifying the need for the employee to remain off work and indicating the medical condition which caused 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. 62.11 Disputes arising out of this Memorandum are subject to the grievance procedure. ARTICLE 63 FITNESSM/ELLNESS PROGRAM 63.0 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. 58 ARTICLE 64 FITNESS FOR DUTY 64.1 ANAHEIM and the APA are committed to maintenance of a safe workplace. Employees are individually responsible and accountable for their personal fitness for duty and shall not report to duty while "unfit" for any reason to safely perform assigned duties. Each manager or supervisor of ANAHEIM is responsible and accountable for day -to -day assessment of each subordinate's fitness for duty, 64.2 When, in the judgment of a manager or supervisor, an employee is "unfit" to safely perform assigned duties, the manager or supervisor shall remove the unfit employee from the workplace in accordance with regulations established by ANAHEIM. 64.3 ANAHEIM and the APA agree that employees may be judged unfit for duty due to (1) illness or injury (mental, emotional, or physical) or use of prescription drugs, alcohol, or other substances, (2) employee assertion 'o.► that they are "unfit" to safely perform assigned duties, or (3) employee, or third party notification to ANAHEIM of any current illness, injury, or condition which may pose a danger to the employee, co- workers, or the public. 64.4 ANAHEIM and the APA agree that ANAHEIM may, at the discretion of the Chief of Police, require any employee judged unfit for duty to undergo a fitness for duty assessment. 64.5 ANAHEIM and the APA agree to require any employee judged unfit for duty to seek treatment, comply with all recommended treatment and recovery plans, and keep ANAHEIM informed of the prognosis and date of expected return to work. ANAHEIM and the APA agree that failure to comply with the provisions of this section may subject an employee to discipline up to and including termination. ARTICLE 65 1%► FITNESS FOR DUTY ASSESSMENTS 65.1 An employee who is judged by a manager or supervisor to be "unfit" to safely perform assigned duties may be required at the discretion of the Chief of Police to undergo a fitness for duty assessment. 65.2 An employee found to be unfit for duty as a result of a fitness for duty assessment shall be deemed eligible for Sick Leave and Short Term Disability Benefits in accordance with ARTICLE 43.3. An employee shall be required to seek treatment, comply with all recommended treatment and recovery plans, and keep ANAHEIM informed of the prognosis and date of expected return to work. Failure to comply with the provisions of this section may subject an employee to denial of benefits and /or discipline up to and including termination. 65.3 At the discretion of the Chief of Police, an employee may be required to undergo a return to work fitness for duty assessment and /or agree to continuing treatment and follow -up in order to be eligible to return to work. 59 ARTICLE 66 JOINT COMMITTEE ON MEDICAL PROGRAMS 66.0 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. 66.1 Serving on the committee with Human Resources Department staff and operating department management staff shall be two members from APA. 66.2 This committee shall meet as often as is necessary during the life of this memorandum and shall report to the Human Resources Director on a periodic basis its findings and recommendations for changes to ANAHEIM'S present WAW 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. 66.3 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 67 19:10H *12 L01:1 a11Rq '"W 67.0 ANAHEIM and the APA agree that the public interest is served and that public safety is enhanced by encouraging Police Officers to live within the Anaheim City limits. 67.1 ANAHEIM agrees to provide a no interest loan of ten thousand dollars ($10,000) towards the purchase of the principal residence of any employee in a classification listed in Appendix "A" of this Memorandum of Understanding. Such principal residence must be within the City limits of the City of Anaheim at the time of purchase. 67.2 The loan authorized under the provisions of ARTICLE 67.1 above shall be secured by a Second Trust Deed held by ANAHEIM. 67.3 The loan authorized under the provisions of ARTICLE 67.1 above shall be forgiven at the rate of one thousand dollars ($1,000) per year for each full year the employee maintains the property as his principal residence and remains an active Police Officer in the employ of ANAHEIM. At the conclusion of the ten (10) years, ANAHEIM shall sign it's ownership interest in the property over to the employee. ., ARTICLE 68 NO STRIKE 68.0 ANAHEIM and the APA recognize the obligation of the APA's employee members to continue to faithfully perform their services to ANAHEIM in accordance with the highest professional standards for peace officers. L� 68.1 No employee covered by this Memorandum of Understanding shall engage in, induce or encourage any concerted action against ANAHEIM including, but not limited to, strikes, work stoppages, slowdowns, "sick -in ", "sick- outs ", or withholding of services to ANAHEIM. 68.2 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. ARTICLE 69 IMPLEMENTATION OF MEMORANDUM OF UNDERSTANDING 69.1 Notwithstanding any other provisions of this Memorandum, the following modifications to this Memorandum of Understanding shall be effective on the date indicated. EFFECTIVE DATE ARTI PROVISION July 14, 1995 Various Non - economic changes 21- Hours of Work Add 4110 plan to authorized alternate work schedules - Establish semi - annual review process. 38 - Holidays Eliminate two (2) paid holidays - Lincoln's Birthday and Admission Day. 43 - Sick Leave Revise STD benefit to 85% gross of taxes 44 - Vacations Increase vacation accrual schedule by one (1) hour per pay period. 67 - Residence Incentive Authorize loan program to encourage Police Officers to live in Anaheim. 61 October 6, 1995 49 - Special Assignments Revise Special Assignment pay from annual $500 to 2.5% of pay. Appendix "A" Increase base pay by 2% and increase employee PERS contribution from 2% to 4 %. January 12, 1996 48 - Uniform Patrol - Revise shift differential hours for uniform Graveyard Shift Differential patrol to 2100 through 0600 hours. October 4, 1996 46 - Bilingual Pay Revise bilingual compensation from $60 per pay period to 5% of biweekly pay. 59 - Insurance Convert LTD premiums to employee contributions. . Appendix "A" 4% COLA Adjustment Appendix "A" Increase base pay by 2% and increase employee PERS contribution from 4% to 6 %. January 1, 1997 59 - Insurance Install replacement for self- funded Employee Medical Plan. 59 - Insurance Married couples premium waiver changes to "op -out program. January 10, 1997 48 - !Uniform Patrol - Revise shift differential hours for uniform Graveyard Differential patrol to 1800 through 0600 hours. October 3, 1997 Appendix "A" Special equity wage adjustment of 0% to 2% (Sales Tax trigger) January 9, 1998 20 - Educational Incentive Increase all P.O.S.T. incentive differentials by 2.5 %. Appendix "A" Increase base pay by 3% and increase employee PERS contribution from 6% to 9 %. 62 ARTICLE 70 70.0 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. ARTICLE 71 SAVINGS CLAUSE 71.0 The resolution of ANAHEIM shall provide that if any provision of this Memorandum or the resolution is at any time, or in any way, held to be contrary to any law by any court of proper jurisdiction, the remainder of this Memorandum �+ shall not be affected thereby, and shall remain in full force and effect. ARTICLE 72 DURATION 72.0 The terms of this Memorandum are to remain in full force and effect until the 9th day of July, 1998. Upon adoption of a resolution approving this Memorandum and the terms hereof by ANAHEIM City Council of ANAHEIM, this Memorandum shall be in full force and effect as of the 14th day of July, 1995. STAFF OFFICIALS OF THE CITY OF ANAHEIM, a municipal corporation A v Dated: t - W — yS ANAHEIM POLICE ASSOCIATION i Dated: 6- 95798MOU.APA rNI'MR-Ah W M War - Dated: t - W — yS ANAHEIM POLICE ASSOCIATION i Dated: 6- 95798MOU.APA ANAHEIM POLICE ASSOCIATION f Sworn employees in classifications listed above shall pay 2% of the statutorily required 9% employee contribution to PERS. Police Officer Trainees shall pay 0% of the statutorily required 7% employee contribution to PERS. Such contributions shall be desiginated as "employer pick up" contributions under the provisions of Section 414(h)(2) of the Internal Revenue Code. 64 APPENDIX "A" WAGES December 30, 1994 through October 5, 1995 CLASSIFICATION SCHED & STEP HOURLY RATE MONTHLY RATE ANNUAL RATE Police Officer Trainee 2316 R - E $17.28 - $2316 $2,995.20 - $4,014.40 $35,942.40 - $48,172.80 Police Officer 2316 R - E $17.28 - $2116 $2,995.20 - $4,014.40 $35,942.40 - $48,172.80 Police Officer - Special Assignment 2432 A - E $20.01 - $24.32 $3,468.40 - $4,215.47 $41,620.80 - $50,585.60 Police Officer - Helicopter Pilot (Commercial) 2803 A - E $23.06 - $28.03 $3,997.07 - $4,858.53 $47,964.80 - $58,302.40 Police Officer - Helicopter Pilot (Private) 2675 A - E $22.01 - $26.75 $3,815.07 - $4,636.67 $45,780.80 - $55,640.00 Police Officer - Master Advanced 2548 A - E $20.96 - $25.48 $3,633.07 - $4,416.53 $43,596.80 - $52,998.40 Police Officer- Master Intermediate 2490 A - E $2049 - $24.90 $3,551.60 - $4,316.00 $42,619.20 - $51,792.00 Police Officer - Polygraph Examiner 2779 A - E $22.86 - $27.79 $3,962.40 - $4,816.93 $47,548.80 - $57,803.20 Police Officer - Senior Master Advanced 2606 A - E $21.44 - $26.06 $3,716.27 - $4,517.07 $44,595.20 - $54,204.80 Police Officer - Senior Master Intermediate 2548 A - E $20.96 - $25.48 $3,633.07 - $4,416.53 $43,596.80 - $52,998.40 Police Sergeant 3057 D - E $29.11 - $30.57 $5,045.73 - $5,298.80 $60,548.80 - $63,585.60 Police Sergeant - Helicopter Pilot (Commercial) 3363 D - E $32.03 - $33.63 $5,551.87 - $5,829.20 $66,622.40 - $69,950.40 Police Sergeant - Helicopter Pilot (Private) 3210 D - E $30.57 - $32.10 $5,298.80 - $5,564.00 $63,585.60 - $66,768.00 Police Sergeant - Senior Master 3126 D - E $29.77 - $31.26 $5,160.13 - $5,418.40 $61,921.60 - $65,020.80 Police Sergeant - Special Events 3057 D - E $29.11 - $30.57 $5,045.73 - $5,298.80 $60,548.80 - $63,585.60 Sworn employees in classifications listed above shall pay 2% of the statutorily required 9% employee contribution to PERS. Police Officer Trainees shall pay 0% of the statutorily required 7% employee contribution to PERS. Such contributions shall be desiginated as "employer pick up" contributions under the provisions of Section 414(h)(2) of the Internal Revenue Code. 64 ( ANAHEIM POLICE ASSOCIATION Sworn employees in classifications listed above shall pay 4% of the statutorily required 9% employee contribution to PERS. Police Officer Trainees shall pay 2% of the statutorily required 7% employee contribution to PERS. Such contributions shall be desiginated as "employer pick up" contributions under the provisions of Section 414(h)(2) of the Internal Revenue Code. 65 APPENDIX "A" WAGES October 6, 1995 through October 3, 1996 CLASSIFICATION SCHED & STEP HOURLY RATE MONTHLY RATE ANNUAL RATE Police Officer Trainee 2362 R - E $17.63 - $23.62 $3,055.87 - $4,094.13 $36,670.40 - $49,129.60 Police Officer 2362 R - E $17.63 - $23.62 $3,055.87 - $4,094.13 $36,670.40 - $49,129.60 Police Officer - Special Assignment 2480 A - E $20.40 - $24.80 $3,536.00 - $4,298.67 $42,432.00 - $51,584.00 Police Officer - Helicopter Pilot (Commercial) 2858 A - E $23.51 - $28.58 $4,075.07 - $4,953.87 $48,900.80 - $59,446.40 Police Officer - Helicopter Pilot (Private) 2728 A - E $22.44 - $27.28 $3,889.60 - $4,728.53 $46,675.20 - $56,742.40 Police Officer - Master Advanced 2598 A - E $21.37 - $25.98 $3,704.13 - $4,503.20 $44,449.60 - $54,038.40 Police Officer - Master Intermediate 2539 A - E $20.89 - $25.39 $3,620.93 - $4,400.93 $43,451.20 - $52,811.20 Police Officer - Polygraph Examiner 2834 A - E $23.32 - $28.34 $4,042.13 - $4,912.27 $48,505.60 - $58,947.20 Police Officer - Senior Master Advanced 2657 A - E $21.86 - $26.57 $3,789.07 - $4,605.47 $45,468.80 - $55,265.60 Police Officer - Senior Master Intermediate 2598 A - E $21.37 - $25.98 $3,704.13 - $4,503.20 $44,449.60 - $54,038.40 Police Sergeant 3118 D - E $29.70 - $31.18 $5,148.00 - $5,404.53 $61,776.00 - $64,854.40 Police Sergeant - Helicopter Pilot (Commercial) 3430 D - E $32.67 - $34.30 $5,662.80 - $5,945.33 $67,953.60 - $71,344.00 Police Sergeant - Helicopter Pilot (Private) 3274 D - E $31.18 - $32.74 $5,404.53 - $5,674.93 $64,854.40 - $68,099.20 Police Sergeant - Senior Master 3188 D - E $30.36 - $31.88 $5,262.40 - $5,525.87 $63,148.80 - $66,310.40 Police Sergeant - Special Events 3118 D - E $29.70 - $31.18 $5,148.00 - $5,404.53 $61,776.00 - $64,854.40 Sworn employees in classifications listed above shall pay 4% of the statutorily required 9% employee contribution to PERS. Police Officer Trainees shall pay 2% of the statutorily required 7% employee contribution to PERS. Such contributions shall be desiginated as "employer pick up" contributions under the provisions of Section 414(h)(2) of the Internal Revenue Code. 65 I ANAHEIM POLICE ASSOCIATION Sworn employees in classifications listed above shall pay 6% of the statutorily required 9% employee contribution to PERS. Police Officer Trainees shall pay 4% of the statutorily required 7% employee contribution to PERS. Such contributions shall be desiginated as "employer pick up" contributions under the provisions of Section 414(h)(2) of the Internal Revenue Code. 66 APPENDIX "A" WAGES October 4, 1996 through October 2, 1997 CLASSIFICATION SCHED & STEP HOURLY RATE MONTHLY RATE ANNUAL RATE Police Officer Trainee 2501 R - E $18.66 - $25.01 $3,234.40 - $4,335.07 $38,812.80 - $52,020.80 Police Officer 2501 R - E $18.66 - $25.01 $3,234.40 - $4,335.07 $38,812.80 - $52,020.80 Police Officer - Special Assignment 2626 A - E $21.60 - $26.26 $3,744.00 - $4,551.73 $44,928.00 - $54,620.80 Police Officer - Helicopter Pilot (Commercial) 3026 A - E $24.90 - $30.26 $4,316.00 - $5,245.07 $51,792.00 - $62,940.80 Police Officer - Helicopter Pilot (Private) 2889 A - E $2177 - $28.89 $4,120.13 - $5,007.60 $49,441.60 - $60,091.20 Police Officer - Master Advanced 2751 A - E $22.63 - $27.51 $3,922.53 - $4,768.40 $47,070.40 - $57,220.80 Police Officer - Master Intermediate 2689 A - E $22 12 - $26.89 $3,834.13 - $4,660.93 $46,009.60 - $55,931.20 Police Officer - Polygraph Examiner 3001 A - E $24.69 - $30.01 $4,279.60 - $5,201.73 $51,355.20 - $62,420.80 Police Officer - Senior Master Advanced 2814 A - E $23.15 - $28.14 $4,012.67 - $4,877.60 $48,152.00 - $58,531.20 Police Officer - Senior Master Intermediate 2751 A - E $22.63 - $27.51 $3,922.53 - $4,768.40 $47,070.40 - $57,220.80 Police Sergeant 3301 D - E $31.44 - $33.01 $5,449.60 - $5,721.73 $65,395.20 - $68,660.80 Police Sergeant - Helicopter Pilot (Commercial) 3631 D - E $34.58 - $36.31 $5,993.87 - $6,29173 $71,926.40 - $75,524.80 Police Sergeant - Helicopter Pilot (Private) 3466 D - E $33.01 - $34.66 $5,721.73 - $6,007.73 $68,660.80 - $72,092.80 Police Sergeant - Senior Master 3375 D - E $32.14 - $33.75 $5,570.93 - $5,850.00 $66,851.20 - $70,200.00 Police Sergeant - Special Events 3301 D - E $31.44 - $33.01 $5,449.60 - $5,721.73 $65,395.20 - $68,660.80 Sworn employees in classifications listed above shall pay 6% of the statutorily required 9% employee contribution to PERS. Police Officer Trainees shall pay 4% of the statutorily required 7% employee contribution to PERS. Such contributions shall be desiginated as "employer pick up" contributions under the provisions of Section 414(h)(2) of the Internal Revenue Code. 66 APPENDIX "A" SPECIAL LABOR MARKET EQUITY WAGE ADJUSTMENT October 3, 1997 It is the express intent of the parties to provide a Special Labor Market Equity Wage adjustment of 2% to employees in classifications represented by the Anaheim Police Association effective October 3, 1997 if Net Sales Tax Receipts exceed the projected Fiscal year 1996/97 Net Sales Tax base by 10.0% or greater. In recognition of the economic uncertainties facing ANAHEIM, the parties agree that the Special Labor Market Equity Wage adjustment shall be contingent upon ANAHEIM's 1996/97 Sales Tax Revenues, and shall be determined using the following definitions and methodology: "Sales Tax Receipts" are defined as the total of the twelve monthly remittances received from the State %Uw of California between July 1, 1996 and June 30, 1997. "Net Sales Tax Receipts" are defined as the amount remaining from monthly State of California remittances after payments to the City's outside Sales Tax Consultant (estimated at $60,000 for Fiscal Year 1996/97) and contractually obligated rebates to retailers pursuant to specific written agreements. Such obligated rebates are estimated at $92,000 related to the Auto Center, $206,000 related to the Fry's store, and $498,000 related to Anaheim Plaza for the 1996/97 Fiscal Year. In the event other economic incentives are approved by the City Council, those rebates shall also be excluded from Net Sales Tax Receipts. The projected Fiscal Year 1996/97 Net Sales Tax base is $34,137,185. "W10 The parties agree to meet for the purpose of reporting actual results no later than August 31, 1997. The parties agree to the following formula to trigger implementation of the Special Labor Market Equity wage adjustment of 2% on October 3, 1997: If Net Sales Tax Receipts for Fiscal Year 1996/97 exceed the 1996/97 projection of $34,137,185, by 10.0% or greater the benchmark classification of Police Officer shall be adjusted by two percent (2.0 %). Adjustments to other classifications shall be in accordance with the provisions of ARTICLE 19 - Salary Relationships. I:YI ANAHEIM POLICE ASSOCIATION Sworn employees in classifications listed above shall pay 6% of the statutorily required 9% employee contribution to PERS. Police Officer Trainees shall pay 4% of the statutorily required 7% employee contribution to PERS. Such contributions shall be desiginated as "employer pick up" contributions under the provisions of Section 414(h)(2) of the Internal Revenue Code. 68 APPENDIX 'W' WAGES - MAXIMUM ADJUSTMENT October 3, 1997 through January 8, 1998 Sales Tax trigger met or exceeded CLASSIFICATION SCHED & STEP HOURLY RATE MONTHLY RATE ANNUAL RATE Police Officer Trainee 2551 R - E $19.04 - $25.51 $3,300.27 - $4,421.73 $39,603.20 _ $53,060.80 Police Officer 2551 R - E $19.04 - $25.51 $3,300.27 - $4,421.73 $39,603.20 - $53,060.80 Police Officer - Special Assignment 2679 A - E $22.04 - $26.79 $3,820.27 - $4,643.60 $45,843.20 - $55,723.20 Police Officer - Helicopter Pilot (Commercial) 3087 A - E $25.40 - $30.87 $4,402.67 - $5,350.80 $52,832.00 - $64,209.60 Police Officer - Helicopter Pilot (Private) 2946 A - E $24.24 - $29.46 $4,201.60 - $5,106.40 $50,419.20 - $61,276.80 Police Officer - Master Advanced 2806 A - E $23.09 - $28.06 $4,002.27 - $4,863.73 $48,027.20 - $58,364.80 Police Officer - Master Intermediate 2742 A - E $22.56 - $27.42 $3,910.40 - $4,752.80 $46,924.80 - $57,033.60 Police Officer - Polygraph Examiner 3061 A - E $25.18 - $30.61 $4,364.53 - $5,305.73 $52,374.40 - $63,668.80 Police Officer - Senior Master Advanced 2870 A - E $23.61 - $28.70 $4,092.40 - $4,974.67 $49,108.80 - $59,696.00 Police Officer - Senior Master Intermediate 2806 A - E $23.09 - $28.06 $4,002.27 - $4,863.73 $48,027.20 - $58,364.80 Police Sergeant 3367 D - E $32.07 - $33.67 $5,558.80 - $5,836.13 $66,705.60 - $70,033.60 Police Sergeant - Helicopter Pilot (Commercial) 3704 D - E $35.28 - $37.04 $6,115.20 - $6,420.27 $73,382.40 - $77,043.20 Police Sergeant - Helicopter Pilot (Private) 3535 D - E $33.67 - $35.35 $5,836.13 - $6,127.33 $70,033.60 - $73,528.00 Police Sergeant - Senior Master 3443 D - E $32.79 - $34.43 $5,683.60 - $5,967.87 $68,203.20 - $71,614.40 Police Sergeant - Special Events 3367 D - E $32.07 - $33.67 $5,558.80 - $5,836.13 $66,705.60 - $70,033.60 Sworn employees in classifications listed above shall pay 6% of the statutorily required 9% employee contribution to PERS. Police Officer Trainees shall pay 4% of the statutorily required 7% employee contribution to PERS. Such contributions shall be desiginated as "employer pick up" contributions under the provisions of Section 414(h)(2) of the Internal Revenue Code. 68 ANAHEIM POLICE ASSOCIATION Sworn employees in classifications listed above shall pay 6% of the statutorily required 9% employee contribution to PERS. Police Officer Trainees shall pay 4% of the statutorily required 7% employee contribution to PERS. Such contributions shall be desiginated as "employer pick up" contributions under the provisions of Section 414(h)(2) of the Internal Revenue Code. M . APPENDIX "A" WAGES- MINIMUM ADJUSTMENT October 3, 1997 through January 8, 1998 Sales Tax trigger not met CLASSIFICATION SCHED & STEP HOURLY RATE MONTHLY RATE ANNUAL RATE Police Officer Trainee 2501 R - E $18.66 - $25.01 $3,234.40 - $4,335.07 $38,812.80 - $52,020.80 Police Officer 2501 R - E $18.66 - $25.01 $3,234.40 - $4,335.07 $38,812.80 - $52,020.80 Police Officer - Special Assignment 2626 A - E $21.60 - $26.26 $3,744.00 - $4,551.73 $44,928.00 - $54,620.80 Police Officer - Helicopter Pilot (Commercial) 3026 A - E $24.90 - $30.26 $4,316.00 - $5,245.07 $51,792.00 - $62,940.80 Police Officer - Helicopter Pilot (Private) 2889 A - E $23.77 - $28.89 $4,120.13 - $5,007.60 $49,441.60 - $60,091.20 Police Officer - Master Advanced 2751 A - E $22.63 - $27.51 $3,922.53 - $4,768.40 $47,070.40 - $57,220.80 Police Officer - Master Intermediate 2689 A - E $22.12 - $26.89 $3,834.13 - $4,660.93 $46,009.60 - $55,931.20 Police Officer - Polygraph Examiner 3001 A - E $24.69 - $30.01 $4,279.60 - $5,201.73 $51,355.20 - $62,420.80 Police Officer - Senior Master Advanced 2814 A - E $23.15 - $28.14 $4,012.67 - $4,877.60 $48,152.00 - $58,531.20 Police Officer - Senior Master Intermediate 2751 A - E $22.63 - $27.51 $3,922.53 - $4,768.40 $47,070.40 - $57,220.80 Police Sergeant 3301 D - E $31.44 - $33.01 $5,449.60 - $5,721.73 $65,395.20 - $68,660.80 Police Sergeant - Helicopter Pilot (Commercial) 3631 D - E $34.58 - $36.31 $5,99187 - $6,293.73 $71,926.40 - $75,524.80 Police Sergeant - Helicopter Pilot (Private) 3466 D - E $33.01 - $34.66 $5,721.73 - $6,007.73 $68,660.80 - $72,092.80 Police Sergeant - Senior Master 3375 D - E $32.14 - $33.75 $5,570.93 - $5,850.00 $66,851.20 - $70,200.00 Police Sergeant - Special Events 3301 D - E $31.44 - $33.01 $5,449.60 - $5,721.73 $65,395.20 - $68,660.80 Sworn employees in classifications listed above shall pay 6% of the statutorily required 9% employee contribution to PERS. Police Officer Trainees shall pay 4% of the statutorily required 7% employee contribution to PERS. Such contributions shall be desiginated as "employer pick up" contributions under the provisions of Section 414(h)(2) of the Internal Revenue Code. M . ANAHEIM POLICE ASSOCIATION Sworn employees in classifications listed above shall pay9% of the statutorily required 9% employee contribution to PERS. Police Officer Trainees shall pay 7% of the statutorily required 7% employee contribution to PERS. Such contributions shall be desiginated as "employer pick up" contributions under the provisions of Section 414(h)(2) of the Internal Revenue Code. 10 APPENDIX "A" WAGES January 9, 1998 through July 9, 1998 October 1997 Minimum Sales Tax trigger not met CLASSIFICATION SCHED & STEP HOURLY RATE MONTHLY RATE ANNUAL RATE Police Officer Trainee 2576 R - E $19.22 - $25.76 $3,331.47 - $4,465.07 $39,977.60 - $53,580.80 Police Officer 2576 R - E $19.22 - $25.76 $3,331.47 - $4,465.07 $39,977.60 - $53,580.80 Police Officer - Special Assignment 2705 A - E $22.25 - $27.05 $3,856.67 - $4,688.67 $46,280.00 - $56,264.00 Police Officer - Helicopter Pilot (Commercial) 3188 A - E $26.23 - $31.88 $4,546.53 - $5,525.87 $54,558.40 - $66,310.40 Police Officer - Helicopter Pilot (Private) 3043 A - E $25.04 - $30.43 $4,340.27 - $5,274.53 $52,083.20 - $63,294.40 Police Officer - Master Advanced 2898 A - E $23.84 - $28.98 $4,132.27 - $5,023.20 $49,587.20 - $60,278.40 Police Officer - Master Intermediate 2834 A - E $23.32 - $28.34 $4,042.13 - $4,912.27 $48,505.60 - $58,947.20 Police Officer - Polygraph Examiner 3091 A - E $25.43 - $30.91 $4,407.87 - $5,357.73 $52,894.40 - $64,292.80 Police Officer - Senior Master Advanced 2962 A - E $24.37 - $29.62 $4,224.13 - $5,134.13 $50,689.60 - $61,609.60 Police Officer - Senior Master Intermediate 2898 A - E $23.84 - $28.98 $4,132.27 - $5,023.20 $49,587.20 - $60,278.40 Police Sergeant 3478 D - E $33.12 - $34.78 $5,740.80 - $6,028.53 $68,889.60 - $72,342.40 Police Sergeant - Helicopter Pilot (Commercial) 3826 D - E $36.44 - $38.26 $6,316.27 - $6,631.73 $75,795.20 - $79,580.80 Police Sergeant - Helicopter Pilot (Private) 3652 D - E $34.78 - $36.52 $6,028.53 - $6,330.13 $72,342.40 - $75,961.60 Police Sergeant - Senior Master 3556 D - E $33.87 - $35.56 $5,870.80 - $6,163.73 $70,449.60 - $73,964.80 Police Sergeant - Special Events 3478 D - E $3312 - $34.78 $5,740.80 - $6,028.53 $68,889.60 - $72,342.40 Sworn employees in classifications listed above shall pay9% of the statutorily required 9% employee contribution to PERS. Police Officer Trainees shall pay 7% of the statutorily required 7% employee contribution to PERS. Such contributions shall be desiginated as "employer pick up" contributions under the provisions of Section 414(h)(2) of the Internal Revenue Code. 10 CI ANAHEIM POLICE ASSOCIATION Sworn employees in classifications listed above shall pay 9% of the statutorily required 9% employee contribution to PERS. Police Officer Trainees shall pay 7% of the statutorily required 7% employee contribution to PERS. Such contributions shall be desiginated as "employer pick up" contributions under the provisions of Section 414(h)(2) of the Internal Revenue Code. 71 APPENDIX "A" WAGES January 9, 1998 through July 9, 1998 Sales Tax trigger maximum met or exceeded CLASSIFICATION SCHED & STEP HOURLY RATE MONTHLY RATE ANNUAL RATE Police Officer Trainee 2628 R - E $19.61 - $26.28 $3,399.07 - $4,555.20 $40,788.80 - $54,662.40 Police Officer 2628 R - E $19.61 - $26.28 $3,399.07 - $4,555.20 $40,788.80 - $54,662.40 Police Officer - Special Assignment 2759 A - E $2270 - $27.59 $3,934.67 - $4,782.27 $47,216.00 - $57,387.20 Police Officer - Helicopter Pilot (Commercial) 3253 A - E $26.76 - $32.53 $4,638.40 - $5,638.53 $55,660.80 - $67,662.40 Police Officer - Helicopter Pilot (Private) 3105 A - E $25.54 - $31.05 $4,426.93 - $5,382.00 $53,123.20 - $64,584.00 Police Officer - Master Advanced 2957 A - E $24.33 - $29.57 $4,217.20 - $5,125.47 $50,606.40 - $61,505.60 Police Officer - Master Intermediate 2891 A - E $2178 - $28.91 $4,121.87 - $5,011.07 $49,462.40 - $60,132.80 Police Officer - Polygraph Examiner 3154 A - E $25.95 - $31.54 $4,498.00 - $5,466.93 $53,976.00 - $65,603.20 Police Officer - Senior Master Advanced 3022 A - E $24.86 - $30.22 $4,309.07 - $5,238.13 $51,708.80 - $62,857.60 Police Officer - Senior Master Intermediate 2957 A - E $24.33 - $29.57 $4,217.20 - $5,125.47 $50,606.40 - $61,505.60 Police Sergeant 3548 D - E $33.79 - $35.48 $5,856.93 - $6,149.87 $70,283.20 - $73,798.40 Police Sergeant - Helicopter Pilot (Commercial) 3903 D - E $37.17 - $39.03 $6,442.80 - $6,765.20 $77,313.60 - $81,182.40 Police Sergeant - Helicopter Pilot (Private) 3725 D - E $35.48 - $37.25 $6,149.87 - $6,456.67 $73,798.40 - $77,480.00 Police Sergeant - Senior Master 3628 D - E $34.55 - $36.28 $5,988.67 - $6,288.53 $71,864.00 - $75,462.40 Police Sergeant - Special Events 3548 D - E $33.79 - $35.48 $5,856.93 - $6,149.87 $70,283.20 - $73,798.40 Sworn employees in classifications listed above shall pay 9% of the statutorily required 9% employee contribution to PERS. Police Officer Trainees shall pay 7% of the statutorily required 7% employee contribution to PERS. Such contributions shall be desiginated as "employer pick up" contributions under the provisions of Section 414(h)(2) of the Internal Revenue Code. 71 APPENDIX 7• P.E.R.S. LOCAL SAFETY MEMBERS PERCENTAGE OF FINAL COMPENSATION TEARS 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 35.84 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.% 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 38.00 40.66 43.32 45.98 48.64 51.30 51.30 51.30 51,30 51.30 51.30 20 40.00 42.80 45.60 48.40 51.20 54.00 54.00 $4.00 54,00 54.00 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 $9.40 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 64.00 67.50 67.50 67.50 67,50 67.50 67.50 26 52.00 55.64 59.28 62.92 66.56 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 71.68 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 72 APPENDIX Y' POST RETIREMENT MEDICAL BENEFITS PERCENTAGE OF PREMNIIRR COSTS 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% 33.792% 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% 38380% 13 32.200% 33.384% 35.568% 37.752% 39.936% 42.120% 42.120% 42.120% 42.120% 42.120% 42.120% 14 33.600% 35.952% 38.304% 40.656% 43.008% 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% 52.224% 55.080% 55.060% 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% 89.088% 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% 95. 000% 95. 000% 95. 000% 95.000% 95.000% 95.000% 9 32 76.800% 82.176% 87.552% 92. 928% 95. 000% 95. 000% 95. 000% 95.000% 95.000% 95.000% 95.000% 33 79. 200% 84. 744% 90. 288% 95. 000% 95. 000% 95. 000% 95. 000% 95.000% 95.000% 95.0002 95.000% 34 81.600% 87.312% 93.024% 95.0002 95. 000% 95. 000% 95 -000% 95.0002 95.000% 95.000% 95.000% 35 84.000% 89.880% 95.000% 95.0002 95.000% 95.000% 95. 000% 95.000% 95.000% 95.0002 95.000% 36 86.400% 92.448% 95.0002 95.000% 95.000Z 95. 000% 95. 000% 95.0002 95.000% 95.000% 95.000% 37 88. 800% 95.0002 95.000% 95.000% 95.000% 95.000% 95. 000% 95.000% 95.0002 95.0002 95.Ol= 38 91.200% 95.000% 95.0002 95. 000% 95. 000% 95. 000% 95. 000% 95.000% 95.000% 95.000% 95.000% 39 93.600% 95.0002 95.000% 95.000% 95. 000% 95. 000% 95. 000% 95.000% 95.0002 95.000X 95.0002 40 95.0002 95.0002 95.0002 95.000% 95.0001 95. 000% 95.0002 95.000% 95.0002 95.0002 95.0002 73 APPENDIX "D" Ni ne In ANAHEIM and the Anaheim Police Association agree that the regular work schedule for employees assigned to the Nine Plan by the Chief of Police shall be fourteen (14) nine (9) hour shifts and four (4) eight and one -half (8.5) hour shifts in a twenty -eight (28) day work period. The average work week of such designated employees shall be defined as a forty (40) hour work week. The work day shall consist of nine (9) hours or eight 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 -w( Aly 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 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 responsibilities 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 y „ of the Memorandum of Understanding provided such employees work on the holiday or day observed in lieu of holiday. Employees who do not work on the holiday or day observed in lieu 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. 74 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 scheduled 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 leave for each regularly scheduled working day that they are on paid leave. The Nine Plan work schedule including paid meal periods may be revoked at anytime time by either party upon ninety (90) days written notice to the other parry. Return to a work scheduled or twenty (20) eight (8) 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 '%WW revocation period has been completed. 75 APPENDIX "D" 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 1/2) times their regular hourly rate of pay. Employees who do not work on the 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 day that they are on paid leave. 76 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. The Trip Reduction Nine Plan work scheduled 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 parry. ` `.W .% MA APPENDIX "D" Ten Plan ANAHEIM and the Anaheim Police Association agree that the regular work schedule for employees assigned to the Ten Plan by the Chief of Police shall be sixteen (16) ten (10) hour work shifts in a twenty eight (28) day work period. The average work week of such designated employees shall be defined as a forty (40) hour work week. The work day shall consist of ten (10) hours of work. All breaks and meal periods shall be paid time and shall be included in the work day. 4 Employees who perform authorized work in excess of the regular work day as defined in the Letter of Understanding shall be compensated for such work at the rate 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 responsibilities 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 38 of the Memorandum of Understanding provided such employees work on the holiday or day observed in lieu of the holiday. Employees who do not work on the holiday or day observed in lieu of the holiday shall be paid ten (10) hours holiday pay. Employees eligible for bereavement leave as set forth in ARTICLE 37 of the Memorandum of 144m' Understanding shall be paid ten (10) hours for each work day of such 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. The Ten Plan work schedule shall be reviewed periodically in accordance with ARTICLE 21 of the Memorandum of Understanding, and may be revoked by Police Department management in the event it is determined that the Ten Plan is not operationally effective and efficient. W APPENDIX "D" Trio Reduction Ten Plan ANAHEIM and the Anaheim Police Association agree that employees may be assigned to a Trip Reduction Ten 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 Trip Reduction Ten Plan by the Chief of Police shall be sixteen (16) ten (10) hour work shifts in a twenty eight (28) day work period. The average work week of such designated employees shall be defined as a forty (40) hour work week. Employees who perform authorized work in excess of the regular work day 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 1/2) times their regular hourly rate of pay. 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 38 of the Memorandum of Understanding provided such employees work on the holiday or day observed in lieu of the holiday. Employees who do not work on the holiday or day observed in lieu of the holiday shall be paid eight (8) hours holiday pay and shall be required to submit a vacation request for two (2) hours for each holiday not worked. Employees eligible for bereavement leave as set forth in ARTICLE 37 of the Memorandum of Understanding shall be required to submit a vacation request for two (2) hours for each work day of %Wp suchleave. 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. The Trip Reduction Ten Plan work schedule shall be reviewed periodically in accordance with ARTICLE 21 of the Memorandum of Understanding, and may be revoked by Police Department management in the event it is determined that the Trip Reduction Ten Plan is not operationally effective and efficient. 79 APPENDIX "D" 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 1/2) hour shifts and one (1) ten (10) hour shift or one (1) twelve and one -half (12 1/2) hour shift in a twenty -eight (28) day work period. Such schedule shall be designed and implemented by Police Department 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. The average work week for benefit plan purposes only shall be defined as a forty (40) hour work week. The workday shall consist of twelve and one -half (12 1/2) hours or ten (10) hours of work. Two �s breaks and one(1) one -half (1/2) 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 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 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 bi- 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 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 bi- weekly compensation for each holiday listed in Article 38. 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 1 st of each year thereafter. &I Employees eligible for "Immediate family" bereavement leave in accordance with Article 37.0 shall be granted bereavement leave with pay for up to a maximum of thirty -seven and one -half (37 1/2) working hours. Employees eligible for "other family members' bereavement leave in accordance with Article 37.1 shall be granted bereavement leave with pay for up to a maximum of twelve and one -half (12 1/2) working 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 1/2) hours shall have twelve and one -half (12 1/2) 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 NOW, 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 1/2) 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. 81