95-079 RESOLUTION NO. 95R- 79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPT1NG A LETTER OF UNDERSTANDiNG
BETWEEN THE ANAHEIM POLICE ASSOCIATION, AND
THE CITY OF ANAHEIM, CREATiNG ARTICLE 60A-
FITNESS FOR DUTY.
WHEREAS, the Human Resources Director met and conferred with officials and employee
representatives of the Anaheim Police Association. to discuss specific concerns relative to creating
the Fitness for Duty Article of said Memorandum of Understanding; and
WHEREAS, a Letter of Understanding dated May 16, 1995 between the parties has been
prepared and signed, creating Article 60A - Unfit for Duty amending the current Memorandum of
Understanding, with said amendmeres to be effective May 16, 1995 through July 13.1995; and
WHEREAS, the City Council of the City of Anaheim does find that it is in the best interests
of the City of Anaheim to approve said letter of Understanding.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that
the Letter of Understanding dated May 16, 1995, between the Anaheim Police Association. a copy
of which is attached hereto and incorporated by reference herein, is hereby approved, and said
Memorandum of Understanding is hereby amended in accordance with the terms of said Letter of
Understanding.
THE FOREGOiNG RESOLUTION is approved and adopted by the City Council of the
City ofAnaheim this 23rct day of May. 1995.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
APPROVED AS TO FORM:
'' '~CI YO~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-79 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 23rd day of May, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, L~z, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
ABSTAIN: MAYOR/COUNCIL: LOPEZ (a~tated at the Council meeting of
AND I FURTHER CERTIFY that the Mayor of the City of Ana~i~H/~i~ed said Resolution No. 95R-79 on the
23rd day of May, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 23rd day of May, 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-79 was duly passed and adopted by the City Council of the City of Anaheim on
May 23rd, 1995.
CITY CLERK OF THE CITY OF ANAHEIM
LETTER of UNDERSTANDING
between the
CITY of ANAHEIM
and the
ANAHEIM POLICE ASSOCIATION
The City of Anaheim ("ANAHEIM") and the Anaheim Police Association ("APA") have met
and conferred on matters relating to a "Fitness for Duty" program, and have reached the
following agreement:
1. Article 60A is hereby incorporated into the Memorandum of Understanding between
ANAHEIM and APA.
"ARTICLE 60A
FITNESS FOR DUTY
60A.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,
60A.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.
60A.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 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.
60A.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.
60A.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."
2. Article 60B is hereby incorporated into the Memorandum of Understanding between
ANAHEIM and APA.
"ARTICLE 60B
FITNESS FOR DUTY ASSESSMENTS
60B.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.
60B.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 42.3. 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 the Section may subject an employee to denial of benefits and/or
discipline up to and including termination.
60B.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."
3. Article 56 Administrative Leave With Pay is amended by adding the following
Section:
"56.03 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 Section 60B.2 (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."
STAFF OFFICIALS of the ANAHEIM POLICE ASSOCIATION
CITY of ANAHEIM