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2001-020RESOLUTION NO. 2001R-20 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 January 23, 2001 between the Anaheim Police Association and the City of Anaheim 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 Anaheim Police Association and the City of Anaheim executed by the City Management Representative and the Anaheim Police Association on January 23, 2001, as set forth in the document attached hereto and incorporated by reference herein, be and the same is hereby, adopted and that the effective date of such Memorandum of Understanding shall be January 19, 2001 through January 13, 2005. BE IT FURTHER RESOLVED that Resolution No. 98R-146 is hereby repealed effective January 23, 2001. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23~:d day of January 2001. ATTEST: CI'~Y CLER~OF THE CITY OF ANAHEIM H:\STAFFREP\SF2039LN MEMORANDUM of UNDERSTANDZNG between the ANAHEZM POLTCE ASSOCI'ATI'ON and the City of Anaheim 3ANUARY 19, 2001--3ANUARY 13, 2005 ARTICLE ARTICLE ARTICLE ARTICLE AR-IqCLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 TABLE OF CONTENTS Preamble Purpose APA Recognition Scope Management Rights Employee Rights Adoption of Employee Relations Rules Notification Consultation Meet and Confer Memorandum of Understanding Personnel Ordinance, Employer-Employee Relations Ordinance Discussion Check Off APA Organization Page 5 5 6 6 7 7 8 8 9 9 10 10 10 11 11 ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE 16 17 18 19 20 21 22 23 COMPENSATTON AND PAY PROVISI'ONS Compensation Classification Appropriate Salary Step Salary Relationships Educational Incentive Hours of Work and Pay Day Temporary Upgrade Payroll Deductions Page 14 14 15 18 19 22 23 25 o APA 1/19/01 to 1/13/05 ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE 24 25 26 27 28 29 30 31 32 33 34 35 36 EM PLOYM ENT PROVI'SZONS General Appointments and Promotions Nepotism Employment Lists Probation Outside Employment Service Awards Training Salary Step Reduction, Suspension, Demotion & Dismissal Layoff and Re-employment Transfer Reinstatement Voluntary Demotion Page 25 27 29 29 30 31 32 32 32 35 37 38 39 ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE 37 38 39 40 41 42 43 44 LEAVE PROVISIONS Bereavement Leave Holidays Industrial Accident Leave 3ury Duty and Court Appearances Leave Without Pay Military Leave Sick Leave Paid Leave Program 40 41 42 43 44 46 46 47 ARTICLE ARTICLE ARTICLE 45 46 47 PREM1'UM PAY PROVISIONS General Overtime Bilingual Pay Call Out 52 55 56 2 APA 1/19/01 to 1/13/05 ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE 48 49 50 51 52 53 Shift Differential Special Assignments Short Shift Change Stand By Travel and Mileage Expense K-9 Unit Page 57 57 58 59 60 60 ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE 54 55 56 57 58 WORK RULES Meal Allowance Miscellaneous Police Officer Trainee Administrative Leave with Pay Grievance General 62 63 64 65 65 ARTICLE ARTICLE 59 60 INSURANCE Insurance -- Active Employees Post Retirement Medical Benefits 70 77 ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE 61 62 63 64 65 66 67 68 69 MISCELLANEOUS Medical Examinations Mandatory Permanent Modified Duty Program Fitness/Wellness Program Fitness for Duty Fitness for Duty Assessments Joint Committee on Medical Programs Residency Incentive No Strike Re-Opener 82 83 87 88 89 90 91 91 92 3 APA 1/19/01 to 1/13/05 ARTICLE 70 Construction ARTICLE 71 Savings Clause ARTICLE 72 Duration Page 93 93 94 APPENDI~CES APPENDIX "A" Wages 3anuary :19, 2001 to .lanuary :17, 2002 .lanuary :[8, 2002 to .lanuary :[6, 2003 .lanuary :[7, 2003 to .lanuary :[5, 2004 .lanuary :[6, 2004 to .lanuary :[3, 2005 95 96 97 98 APPENDIX "B" Post Retirement Medical Benefits Percentage of Premium Costs 99 APPENDIX "C" Nine Plan Trip Reduction Nine Plan Ten Plan Uniform Patrol Twelve Plan Detention Facility Alternate Work Schedule 101 103 105 107 109 APA 1/19/01 to 1/13/05 ARTTCLE 1 PREAMBLE 1.1 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 ANAHETM working in the classifications set forth in Appendix "A". 1.2 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. 2.1 AR'i'~CLE 2 PURPOSE 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 ANAHEIIVl. 2.1.1 The objectives of these ARTICLES are to facilitate efficient and economical services to the public and provide for a fair and equitable system of personnel management in the municipal government. 5 APA 1/19/01 to 1/13/05 2.1.2 These ARTICLES set forth in detail those procedures which ensure similar treatment for those who compete for employment and promotion, and define the obligations, rights, privileges, benefits, and prohibitions which are placed upon all the employees of ANAHEIM working in the classifications set forth in Appendix "A". 3.1 ARTICLE 3 APA RECOGNZ'I'ZON 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. 4.1 ARTICLE 4 SCOPE All officers and positions of ANAHEIM are divided into the classified service and the exempt service. The exempt service shall include the following: 4.1.1 4.1.2 4.1.3 4.1.4 All elected officials and members of boards and commissions. The Anaheim City Manager, the Anaheim City Attorney, the Anaheim City Treasurer and the Anaheim City Clerk. Volunteer personnel and personnel appointed to serve without pay. Architects, consultants, counsel, and others rendering temporary professional service. 6 APA 1/19/01 to 1/13/05 4.1.5 Such positions involving seasonal or part-time employment as may be specifically placed in the exempt service by the Human Resources Director. 4.2 4.3 The classified service shall include all other positions that are not specifically placed in the exempt service by this ARTICLE. The provisions of this ARTICLE and Memorandum shall apply only to the classified service unless otherwise specifically provided. 5.1 ARTI'CLE 5 MANAGEMENT RI'GHTS 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 ANAHETM'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. 6.1 ARTICLE 6 EMPLOYEE R?GHTS Employees shall have all rights granted to public employees under California law. Employees shall have the right to form, ioin and participate in the activities of employee organizations of their own choosing for the purpose of representation on 7 APA 1/19/01 to 1/13/05 6.2 all matters of employer-employee relations. Employees also have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with ANAHEIM. No employee shall be interfered with, intimidated, restrained, coerced, or discriminated against by ANAHEIM or by any employee organization because of the employee's exercise of these rights. Nothing contained in this Memorandum of Understanding shall be construed as conferring police officer status to employees working in the classifications of Bailiff, Detention Officer and Senior Detention Officer. Employees working in those classifications are specifically exempted from any State, Federal or local laws that apply exclusively to police officers, including but not limited to Worker's Compensation Benefits under 4850 of the State Labor Code, and the Public Safety Officers Procedural Bill of Rights Act, Government Code sections 3300, etseq. 7.1 ARTi'CLE 7 ADOPTI'ON OF EMPLOYEE RELATI'ONS RULES 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. 8.1 ARTZCLE 8 NOTZFICATZON 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 APA 1/19/01 to 1/13/05 to meet with the Anaheim City Management Representative prior to submission to the Anaheim City Council for determination. 8.2 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. ARI'ZCLE 9 CONSULTAI'ZON 9.1 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 10.1 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. 10.2 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 APA 1/19/01 to 1/13/05 Anaheim City Charter, nor shall the representative 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. 10.3 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. 11.1 AR'I'ZCLE 11 MEMORANDUM OF UNDERSTANDING When the meeting and conferring process results in agreement between the Anaheim City Management 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, EF4PLOYER-EMPLOYEE RELATIONS ORDINANCE 12.1 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. 13.1 ARTICLE 13 DISCUSSION 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. 10 APA 1/19/01 to 1/13/05 13.2 13.3 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. 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. 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. 14.1 ARTICLE 14 CHECK OFF ANAHEIM agrees to check off 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. 15.1 ARTICLE 15 APA ORGANIZATION The APA representatives are those elected or appointed in accordance with the constitution and bylaws of thee APA. 11 APA 1/19/01 to 1/13/05 15.1.1 15.1.2 ANAHEIM recognizes the APA's right to appoint or elect Department Representatives. The APA shall notify the Anaheim City Management Representative, in writing, of the names and job class titles of its officers, department representatives and other officials each time an election is held or new appointments are made. 15.2 15.1.3 Employees elected or appointed as an officer or department representative of the APA shall be required to work full time in their respective job class and shall not interrupt the work of other employees. Officers and representatives of the APA (subject to the provisions of AR-I1CLE 15.1.3) 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. 15.2.1 Such officers and representatives shall not enter any work location without the knowledge of the Chief of Police, division head, or other appropriate supervisor. 15.2.2 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. 15.3 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 b~nefits. 12 APA 1/19/01 to 1/13/05 15.4 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. 15.5 ANAHEIM agrees to provide a combined total of up to one thousand (1000) hours per year of paid released time from normal work assignments to the President and Board Members of the APA. The APA agrees to reimburse ANAHEIM on an hour-for-hour basis at the employee's regular rate of pay for all hours of released time taken by the President and the APA Board Members. 15.5.1 Such officers, employee representatives and officials shall not leave their duty or workstation or assignment without the knowledge of the appropriate manager or supervisor. 15.5.2 Such meetings are subject to scheduling in a manner consistent with operating needs and work schedules. 15,6 ANAHEIM shall furnish a bulletin board at mutually agreeable, specific locations for the purpose of posting notices pertaining to APA business. 15.6.1 All materials must be dated and must identify the APA. 15.6.2 ANAHEIM reserves the right to determine what reasonable portion of bulletin boards are to be allocated to APA materials. 15.6.3 If the APA does not abide by these provisions it will forfeit its right to have materials posted on ANAHEIM bulletin boards. 15.7 ANAHEIM shall allow the APA to conduct meetings in Anaheim City facilities. 15.7.1 Such meetings shall be scheduled in accordance with regulations governing use of public meeting rooms at Anaheim City facilities. 13 APA 1/19/01 to 1/13/05 AR'r/CLE 16 COMPENSAT/ON 16.1 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". Prior to any such recommendations, the Anaheim City Management Representative 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. 16,2 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. 16.3 Wages for the various classifications shall be set forth in Appendix "A" attached to this Memorandum and by this reference shall be made a part hereof. ARTICLE 17 CLASS?FICATI'ON 17.1 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. o17.1.1 A job class may contain one or more positions. 17.1.2 Classification of all positions in the classified service shall require approval of the Anaheim City Manager. 14 APA 1/19/01 to 1/13/05 17.2 A position may be reclassified on the basis of changes in or reevaluation of the duties, responsibilities, and/or qualification requirements of the position. 17.2.1 The Human Resources Director shall be responsible for recommending such reclassification as he/she finds to be necessary. 17.2.2 A reclassification shall become effective upon. action by the Anaheim City Manager on a Personnel Action Form. 17.2.3 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. 18.1 AR'I'~CLE 18 APPROPRIATE SALARY STEP Regular, full-time employees shall be eligible for consideration for merit pay increases as follows: 18.1.1 To the "R" step after successful completion of the Police Academy. 18.1.2 To the "]" step after completion of six months of service in the "R" step. 18.1.3 To the "A" step after completion of six months of service in the ".1" step. 18.1.4 To the "B" step after completion of six months of service in the "A" step. 18.1.5 To the "C" step after completion of six months of service in the "B" step. 18.1.6 To the "D" step after completion of one year of service in the "C" step. 18.1.7 To the "E" step after completion of one year of service in the "D" step. 18.1.8 In such cases as may occur wherein an employee shall demonstrate exceptional ability and proficiency in performance of assigned duties, said employee may be given a special merit ac~vancement to the next higher step without regard to the minimum length of service provisions contained in this AR-I~CLE upon the approval of the Chief of Police. 15 APA 1/19/01 to 1/13/05 18.1.9 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. 18.2 Merit pay increases shall be granted upon approval of the Chief of Police for continued meritorious and efficient service and continued improvement by the employee in the effective performance of the duties of the employee's position. 18.2.1 The effective date of the merit pay increases shall be the first day of the pay period following approval as provided in ARTICLE 18.2 and completion of the minimum required service in the next lower step as provided in ARTICLE 18.1. 18.3 Newly hired employees shall normally be compensated at the lowest step of the salary schedule of the job class for which they were hired. ANAHEIM may hire at a higher step in the salary schedule. 18.3.1 The provisions of this ARTICLE shall also apply to re-employed and reinstated employees, except as provided for in ARTICLE 33.1.2 -- LAYOFF AND RE-EMPLOYMENT. 18.4 Incumbent employees reclassified with their position to a lower job class shall retain their rate of pay and their anniversary date for purposes of merit pay increases, or shall be placed in the step of the lower salary schedule closest to their rate of pay. If the "E" step of the salary schedule of the lower job class is lower than the incumbent's rate of pay, the rate of pay shall be identified as the "Y" step of the lower salary schedule. An employee shall be compensated at the "Y" step until such time as the employee's 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. 16 APA 1/19/01 to 1/13/05 18.5 Incumbent employees reclassified with their position to an equivalent job class shall retain their rate of pay and their anniversary date for purposes of merit pay increases. 18.6 Employees who are promoted or reclassified with their 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 18.1. 18.6.1 An employee shall be placed at the entry-level step in the salary range when promoted to Police Officer Trainee. 18.7 An employee who is demoted for disciplinary reasons shall be placed in the step of the lower salary schedule that will provide a reduction in pay of not less than 4%. The employee shall be given a new anniversary date for purposes of merit pay increases in accordance with the provisions of ARllCLE 18.1. 18.8 Employees in a job class assigned to a different salary schedule as a result of a pay adjustment shall retain their same salary step status in the newly authorized salary schedule and shall retain the same anniversary date for purposes of merit pay increases. 18,9 When more than one personnel action involving changes in an employee's salary step status become effective on the same day, all such changes shall be in accordance with the provisions of the preceding articles of this ARTICLE, and shall take place in the following order of precedence: (1) adjustment to same salary step in newly authorized salary schedule; (2) merit pay advancement or reduction in salary step; (3) promotion, demotion, or reclassification. 17 APA 1/19/01 to 1/13/05 19.1 ARTICLE 19 SALARY RELATZONSHZPS Effective .lanuary 19, 2001, ANAHEIM and the APA agree that the wages for all classifications represented by the APA shall be based on the salary relationships listed below: DETENTION OFFICER Bailiff Senior Detention Officer 1.075 x Detention Officer 1.150 x Detention Officer POLICE OFFTCER Police Officer Trainee Police Police Police Police Police Police Police Police Police Police Police Police Police Officer Officer Officer Officer Officer Officer Officer - Special Assignment - Helicopter Pilot (Commercial) - Helicopter Pilot (Private) - Master Advanced - Master Intermediate - Polygraph Examiner - Senior Master Advanced Officer - Senior Master Intermediate Sergeant Sergeant - Helicopter Pilot (Commercial) Sergeant - Helicopter Pilot (Private) Sergeant - Senior Master Sergeant - Special Events 0.975 x Police Officer 1.05 x Police Officer 1.10 x Police Officer MA 1.05 x Police Officer MA 1.125 x Police Officer 1.10 x Police Officer 1.20 x Police Officer 1.15 x Police Officer 1.125 x Police Officer 1.20 x Police Officer MA 1.10 x Police Sergeant 1.05 x Police Sergeant 1.0225 x Police Sergeant 1.00 x Police Sergeant 19.2 An employee in any of the classifications in the Police Officer benchmark series who is assigned to special assignment duty outside uniform patrol shall receive additional compensation of two and one-half percent (2 1/2%) of his/her base hourly rate of pay. :Z 8 APA 1/19/01 to 1/13/05 19.3 19.4 19.5 An employee in any of the classifications in the Police Officer benchmark series who is assigned as a Field Training Officer shall receive a five percent (5%) pay differential. Such pay shall be in lieu of, and not in addition to, any other special assignment pay an employee may be entitled to under any other provisions of this AR]qCLE. Effective 3anuary 19, 2001, an employee in any of the classifications in the Police Officer benchmark series who is assigned to Motor Duty shall receive additional compensation of five percent (5%) of their base hourly rate of pay. Such pay shall be in lieu of, and not in addition to, any other special assignment pay an employee may be entitled to under any other provisions of this ARTICLE. Employees assigned pursuant to ARllCLE 19.3 may be removed from such assignments at the sole discretion of the Chief of Police. 20.1 ARTTCLE 20 EDUCAT1'ONAL 1'NCENTI'VE Effective 3anuary 9, 1998, Police Officers qualified as Master Intermediate shall be paid ten percent (10%) above Police Officer. 20.1.1 Police Officers shall be designated Master Intermediate when they meet the following criteria: Possession of an intermediate "POST" certificate. 20.2 Effective 3anuary 9, 1998, Police Officers qualified as Master Advanced shall be paid twelve and one-half percent (12 1/2%) above Police Officer. 20.2.1 Police Officers shall be designated Master Advanced when they meet the following criteria' Possession of an Advanced "POST" certificafe. 19 APA 1/19/01 to 1/13/05 20.3 20,4 Police Officers receiving compensation as Master Intermediate or Advanced shall not have their compensation changed due to assignment. Effective 3anuary 9, 1998, Police Officers qualified as Senior Master Intermediate shall be paid twelve and one-half percent (12 1/2%) above Police Officer. 20.4.1 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. 20.5 Effective 3anuary 9, 1998, Police Officers qualified as Senior Master Advanced shall be paid fifteen percent (15%) above Police Officer. 20.5.1 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. 20.5.1.1 The Chief of Police may defer granting Senior Master "POST" status to employees otherwise eligible for premium pay under ARTICLE 20.5.1 whose reassignment to Patrol is other than voluntary. 20.6 Effective October 6, 1995, Police Officers receiving compensation as Senior Master Tntermediate or Advanced-shall relinquish their "Senior" status upon reassignment outside uniform patrol. 20.6.1 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. 2 0 APA 1/19/01 to 1/13/05 20.7 ANAHEIM agrees that Police Sergeants qualified as Senior Master Advanced shall be paid two and one-quarter percent (2 1/4%) above Police Sergeant. 20.7.1 Police Sergeants shall be designated Senior Master when they meet the following criteria: Possession of an Advanced "Pos-r"' 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. 20.7.1.1 The Chief of Police may defer granting Senior Master "POS-I"' status to employees otherwise eligible for premium pay under AR~CLE 20.7.1 whose reassignment to Patrol is other than voluntary. 20.7.2 Effective October 6, 1995, Police Sergeants receiving compensation as Senior Master Intermediate or Advanced shall relinquish their "Senior" status upon reassignment outside uniform patrol. 20.7.3 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. 20.7.3.1 To receive Senior Master Sergeant Pay, assignment to uniform patrol duty must begin on or after July 7, 1989. 20.8 ANAHEIM and the APA agree that Police Officers and Police Sergeants must be physically at work and on full duty on the date of appointment to any type of Master Police Officer or Sergeant POST Advanced. ~20.9 It is understood that Police Sergeant (POST Advanced) and Master Police Officer status is subject to review in accordance with AR-I-~CLE 58 - GRIEVANCE GENERAL. 21 APA 1/19/01 to 1/13/05 AR'rZCLE 21 HOURS OF WORK AND PAY DAY 21.1 The average regular workweek for employees in classifications in Appendix "A", shall be forty (40) hours. 21.1.1 For all employees with an average regular workweek of forty (40) hours, the monthly rate shall be the hourly rate times 2,080 divided by 12. 21.2 Regular salaries and compensation of employees shall be paid on a biweekly basis. 21.2.1 APA recognizes the cost savings of using the Direct Deposit System and will encourage their members to sign up for direct deposit of paychecks. 21.3 ANAHEIM agrees to pay annual paid leave payoff, and compensatory time payoff by separate checks. 21.4 All paid leave shall be paid at the employees' regular hourly rate of pay. 21.5 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 "C". 21.5.1 ANAHEIM and the APA agree that, effective the first pay period following the approval of this Agreement, employees on the Helicopter detail shall be assigned to the "Ten Plan" work schedule in accordance with Appendix "C" of this Agreement. Such assignment shall continue beyond six (6) months at the discretion of the Chief of Police. 21.5.2 ANAHEIM and APA agree that effective upon the first pay period following approval of this Letter of Understanding, employees in the Detention Facility shall be assigned to the Detention Facility Alternate Work Schedule in accordance with Appendix "C." 22 APA 1/19/01 to 1/13/05 21.6 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 "C" shall be discussed with the APA under the provisions of ARTICLE 13 - DISCUSSION prior to taking final action. 22.1 ARTICLE 22 TEMPORARY UPGRADE 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 the employee's regular job classification. 22.1.1 Upgrade to a vacant position shall be limited to six (6) months, except in cases of extended paid leave, industrial accident leave or leave without pay. 22.2 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 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: Bailiff Detention Facility Manager Police Lieutenant 23 APA 1/19/01 to 1/13/05 Police Police Police Police Police Police Officer- Polygraph Examiner Officer- Helicopter Sergeant Sergeant- Helicopter Sergeant - Senior Master Sergeant - Special Events Senior Detention Officer 22.3 22.4 Employees in the following job classes who are assigned to supervise the Police Department Front Counter operations shall receive a two and one-half percent (21/2%) pay differential for all time worked while so assigned. Police Police Police Police Police Police Police Police Police Officer Officer - Helicopter Pilot Officer - Master Advanced Officer - Master Intermediate Officer - Senior Master Advanced Officer - Senior Master ]~ntermediate Sergeant Sergeant - Helicopter Pilot Sergeant - Senior Master If an employee is temporarily assigned to perform work at a classification, the employee's rate of pay shall not be changed. assignments of work shall be made at the discretion of ANAHEIM. lower rated job Such temporary 22.5 ANAHEIM and the APA agree that parallel moves may be made within classifications or positions left vacant in order to avoid the necessity of working an employee at a higher rated job classification. 22.6 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. 24 APA 1/19/01 to 1/13/05 23.1 ARTICLE 23 PAYROLL DEDUC'I'~ONS Deductions of authorized amounts may be made from employee's pay for the following purposes: 23.1.1 23.1.2 23.1.3 23.1.4 23.1.5 23.1.6 23.1.7 23.1.8 23.1.9 23.1.10 23.1.11 Withholding Tax; Contributions to retirement benefits; Contribution to survivors' benefits; Payment of life insurance and accidental death and dismemberment insurance premium; Payment of non-industrial disability insurance premium; Payment of hospitalization and major medical insurance premium; Payment to or savings in the Anaheim Area Credit Union; Contributions to United Way; Payment of membership dues to the APA; Purchase of United States Savings Bonds; and Other purposes as may be authorized by the ANAHEIM City Council. 24.1 ARTICLE 24 GENERAL It is hereby the declared personnel policy of ANAHEIM that: 24.1.1 Employment by ANAHEIM shall be based on merit and fitness, free of personal and political considerations. 24.1.2 Appointments, promotions, and other actions requiring the application of the merit principle shall be based on systematic tests and/or evaluations. 24.1.3 Positions having similar duties and responsibilities shall be classified and compensated on a uniform basis. 25 APA 1/19/01 to 1/13/05 24.1.4 Tenure of employees shall be subject to good behavior, satisfactory work performance, necessity for the performance of work, and the availability of funds. 24.1.5 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. 24.2 For purposes of recruitment ANAHEIM will notify the APA, and the APA shall refer skilled and experienced personnel to ANAHEIM for necessary testing. 24.3 .lob Bulletins regarding classifications represented by the APA shall be sent to the APA during recruitment periods. 24.4 ANAHEIM shall be the sole judge of the testing, qualification and acceptance procedures of all applicants for employment and promotion and ANAHETM retains the right to reject any applicant for employment; PROVTDED, 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. 24.5 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 - APPOINTMENTS AND PROMOTIONS. 26 APA 1/19/01 to 1/13/05 25.1 ARTZCLE 25 APPOINTt4ENT$ AND PR0PlO'rZONS 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. 25.2 Minimum standards of employment for each job classification shall be recommended by the Human Resources Director and approved by the Anaheim City Manager. 25.3 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 Administrative 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. 25.3.1 Advancement to a higher paid job classification shall constitute a promotion. Promotions shall be limited to full time or part time employees of ANAHEIM. 25.4 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. 27 APA 1/19/01 to 1/13/05 25.5 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. 25.6 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. 25.6.1 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. 25.7 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 the employee's provisional appointment, said provisional appointee shall have his or her employment terminated at the close of the first complete biweekly pay period following the establishing of the eligibility list. 25.8 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 the employee's period of employment under the grant, said grant funded appointee shall be terminated from ANAHEIM employment. 28 APA 1/19/01 to 1/13/05 26.1 ARTZCLE 26 NEPOI'ZSM 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 hers nor of any Council Member within such degree to any such position. ARTICLE 27 EMPLOYI~IENT LI'STS 27.1 Employment lists, in order of their priority, shall be re-employment lists and eligibility lists. 27.2 Re-employment lists shall contain the names of regular, full-time employees laid off in good standing for lack of funds or work. 27.2.1 Names on re-employment lists shall remain for a period not to exceed three (3) years. Anyone re-employed from this list more than one (1) year after his or her layoff shall be required to pass a pre-employment medical examination as well as serve a new probationary period. 27.3 Eligibility lists shall be created in accordance with the provisions of AR'I1CLE 25 - APPOINTMENTS AND PRONOT]ONS. 27.3.1 Eligibility lists may contain the names of one (1) or more persons eligible for employment. 27.3.2 Open competitive eligibility lists shall remain in effect for a period ot: one (1) year or until depleted. Eligibility lists containing less than three (3) names 2 9 APA 1/19/01 to 1/13/05 may be considered depleted. Eligibility lists may be extended by the Human Resources Director for a period not to exceed one (1) additional year. 27.3.3 Promotional eligibility lists shall remain in effect for a period of two (2) years or until depleted. AR'r]~CLE 28 PROBA'I-LON 28.1 Employees appointed from eligibility lists, employees reinstated in accordance with AR-~CLE 35.1.2 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. 28.1.1 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 and Police Sergeant. 28.1.2 Certain designated job classes in the classified service shall have a regular period of probation that begins on the date of appointment and ends twenty- six (26) complete bi-weekly pay periods after the date of appointment. These ,lob classes shall be Bailiff, Detention Officer and Senior Detention Officer. 28.1.3 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 or her probationary period, said employee's probationary status may be extended beyond the regular period of probation in the amount of one (1) complete O biweekly pay period for each complete biweekly pay period lost due to the illness or injury. 3o APA 1/19/01 to 1/13/05 28.1.4 Upon successful completion of a probationary period, an employee shall be granted regular status in the classification in which the probationary period is served. 28.2 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. 28.2.1 An employee rejected during the probationary period from a position to which the employee has been promoted shall be returned to the classification in which the employee has regular status unless the reasons for failure to complete the probationary period would be cause for dismissal. An employee who has successfully completed an initial probationary period as a full-time employee of ANAHETM prior to a promotion shall be afforded all appropriate appeal rights if the employee's failure to complete the probationary period in a position to which the employee 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. 28.3 An employee shall be retained beyond the end of the probationary period only if the Chief of Police or the Chief's designated representative affirms that the services of the employee have been found to be satisfactory. 29.1 AR'I'ZCLE 29 OUTS?DE EMPLOYMENT An employee may engage in employment other than the employee's 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. 31 APA 1/19/01 to 1/13/05 AR'I1CLE 30 SERVZCE AWARDS 30.1 Service awards, in the form of service pins or the equivalent, shall be presented to employees in classifications listed in Appendix A as listed below. Such service awards shall also be presented to any employee upon his or her retirement. 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. 30.1.1 For purposes of this ARTICLE the term "years of service" shall be defined as continuous, full-time service. ARTICLE 31 TRAINING 31.1 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. 31.1.1 Reimbursement to employees for costs incurred for formalized training shall be in accordance with regulations established by the Anaheim City Manager. AR'I'ZCLE 32 SALARY STEP REDUCTTONf SUSPENS1'ONf DEMOTI'ON AND D]:SM]~SSAL 32.1 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. 32 APA 1/19/01 to 1/13/05 32.2 When in the judgment of the Chief of Police, or the Chief's designated representative, an employee's work performance or conduct justifies disciplinary action short of demotion or dismissal, the employee may be: 32.2.1 Suspended without pay. Upon taking such action, the Chief of Police or the Chief's designated representative 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 of scheduled work hours. 32.2.2 Reduced by one salary step at a time. Such action shall require the specific recommendation of the Chief of Police, or the Chief's designated representative. Upon taking such action, the Chief of Police or the Chief's designated representative 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 the employee's former salary step at such time as deemed appropriate by the Chief of Police or the Chief's designated representative. 32.3 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 or the Chief's designated representative, the employee's work or misconduct so warrants. Upon taking such action, the Chief of Police or the Chief's designated representative 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. 32.4 An employee may appeal disciplinary actions~taken under this ARTICLE under the provisions of ARTICLE 58 - GRIEVANCE GENERAL. 33 APA 1/19/01 to 1/13/05 32.5 When an employee is dismissed as provided in this ARTICLE, ANAHEIM and the APA agree to the following accelerated procedure under the provisions of ART-[CLE 58 - GRIEVANCE GENERAL. 32.5.1 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. 32.5.2 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: 32.5.2.1 Develop a standing list of mutually approved arbitrators. 32.5.2.1.1 This list shall include no more than five mutually approved arbitrators. 32.5.2.:[.2 ANAHETM and the APA agree to re-establish the list of arbitrators once each year in .lanuary. 32.5.2.:[.3 ANAHETM and the APA may remove arbitrators from this list at anytime. 32.5.2.2 Select the arbitrator from the standing list that has the earliest, reasonable available hearing date, unless the parties mutually agree to select another arbitrator from the list. 32.5.2.3 Stipulate to the following submission language when a dismissal is submitted to an impartial arbitrator. "Was (name of employee) dismissed for good and sufficient cause? If not, what shall the remedy be?" 34 APA 1/19/01 to 1/13/05 32.6 An employee who has been suspended, demoted, or dismissed may be reinstated to his or her position as a result of a successful appeal through the grievance procedure. In the event of such reinstatement, the employee shall be returned to the employee's former status of employment, including reinstatement of seniority and accrued fringe benefits. In cases heard by the Anaheim City Manager, the Anaheim City Manager shall order the payment of back pay to a reinstated employee in any amount provided for in said award. In implementing an arbitrator's award, the Anaheim City Manager shall order the payment of back pay to a reinstated employee in the amount provided in the arbitrator's award. It shall be conclusively presumed that there is no award of back pay to a reinstated employee unless specifically set forth in the written order of the Anaheim City Manager. Any earnings of the reinstated employee from other employment during the employee's period of suspension shall be deducted from the amount of back pay ordered by the Anaheim City Manager. ARTTCLE 33 LAYOFF AND RE-EMPLOYMENT 33.1 Layoffs shall be made on the basis of seniority within the affected job classification in the Police Department and unique specialized qualifications. 33.1.1 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. 33.1.2 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 or she meets the minimum requirements and has Anaheim Police Department seniority over other employees in that job classification. If the employee whose position has been abolished does not have Anaheim Police Department seniority over 35 APA 1/19/01 to 1/13/05 other employees in equivalent or lower classes, the employee 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 the employee 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. 33.1.3 Whenever an employee whose position has been abolished cannot be reassigned to a vacant position within the employee's department, the employee shall be reassigned by the Anaheim City Manager to any vacant position in any other division or department in his or her job classification or in an equivalent or lower job classification for which he or she meets the minimum qualifications for employment. If an employee is reassigned to a vacant position within the employee's job classification in any other department, the employee shall retain their rate of pay. If an employee is reassigned to a vacant position in an equivalent or lower job classification in any other department, the employee 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. 33.2 Whenever an employee whose position has been abolished is not reassigned to any vacant position, the employee shall be placed on the re-employment list for his or her job classification. Persons on the re-employment list shall be re-employed with their former salary step status when positions in their job classification (within the 36 APA 1/19/01 to 1/13/05 Anaheim Police Department from which they were laid off) become vacant. Re- employment shall be on the basis of Anaheim Police Department seniorib/. 33.3 Whenever an employee is reassigned to a vacant position in the same classification, an equivalent classification, or lower classification as herein provided, the employee shall retain the same anniversary date for purposes of merit pay increases. 33.4 Whenever an employee is reinstated to a vacant position in his/her former job classification, or re-employed as herein provided, his/her anniversary date for purposes of merit pay increases shall be the one the employee had at the time he/she was laid off from the position. 33.4.1 An employee reinstated from the re-employment list shall be considered to have continuous service and may be credited with the amount of accumulated paid leave the employee had accrued at the time of layoff if the employee elects to remit to ANAHE]~M any payment received under the provisions of ARTICLE 44 - PA]:D LEAVE PROGRAM. 33.5 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 25.8 and newly hired probationary employees shall be excluded from the provisions of this AR-IACLE. ART]~CLE 34 TRANSFER 34.1 A voluntary change of an employee's place of employment from one department to another shall be considered a transfer. A change of an employee's place of employment to a vacant position in a job classification on the same salary schedule O as the employee's own job classification shall also be considered a transfer. 37 APA 1/19/01 to 1/13/05 34.1.1 A voluntary transfer from one 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. 34.1.2 A transferred employee shall retain his or her rate of pay and his/her anniversary date for purposes of merit pay increases. 34.1.3 In order to be transferred to a job classification with minimum standards of employment substantially different from those of the employee's own job classification, an employee shall be required to demonstrate eligibility for employment in accordance with the provisions of AR~CLE 25 APPOINTMENTS AND PROMOTIONS. 34.2 Transfers for the betterment of employees and the best interests of ANAHEIM shall be encouraged by all echelons of management. ART'~CLE 35 RE];NSTATEM ENT 35.1 An employee who terminates employment in good standing may be reinstated to a vacant position in his or her former job classification within three (3) years of his or her termination date without re-qualifying for employment by competitive processes. 35.1.1 Employees reinstated within thirty (30) days of their termination date shall be considered to have continuous service. Employees shall be placed in their former salary step and shall retain their anniversary date for purposes of merit pay increases. If the employee's anniversary date has occurred during the period of his or her absence, the new anniversary date shall be the first day of the next biweekly pay period following reinstatement. 38 APA 1/19/01 to 1/13/05 35.1.2 Employees reinstated after thirty (30) days of their 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. 35.2 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. 36.1 ARTICLE 36 VOLUNTARY DEMO'r/ON If an employee takes a voluntary demotion as a result of a downward reclassification of the employee's position, the employee's salary step status shall be in accordance with the provisions of AR-I-~CLE 18.4. 36.2 Voluntary demotions as a result of impending layoff shall be in accordance with the provisions of ARTICLE 33 - LAYOFF AND RE-EMPLOYMENT. 36.3 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 the employee 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 18.1. An employee taking such a voluntary demotion to a classification the employee was promoted from shall be returned to the salary step from which the employee was promoted and shall receive credit for time previously served at that salary step for the purposes of determining the anniversary date for merit pay increases. 36.3.1 Voluntary demotions in accordance with the Vocational Rehabilitation Administrative Regulation shall be in accordance with the provisions of ARTICLE 36.3. 39 APA 1/19/01 to 1/13/05 36.4 An employee who has taken a voluntary demotion to a lower job classification may be reinstated to a vacant position in the employee's former job classification within three years of the effective date of the voluntary demotion without re-qualifying by competitive processes. 36.4,1 Employees reinstated to a former job classification from a voluntary demotion shall retain their rate of pay. If their rate of pay is not included in the salary schedule of the former job classification, employees shall be placed in the salary step of that salary schedule which is closest to their rate of pay. Employees shall retain their anniversary date for purposes of merit pay increases; however, if an employee is placed in the "A" or "B" step of the salary schedule, the employee shall be eligible for a merit pay increase after thirteen (13) complete biweekly pay periods or the employee's regular anniversary date, whichever is sooner. 37.1 ARTI'CLE 37 BEREAVEMENT LEAVE In the event a death occurs in the immediate family of a full-time employee, the employee shall be granted bereavement leave with pay for up to a maximum of three (3) consecutive work shifts. "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. 37.2 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 one (1) work shift. Other family members,,shall be defined as grandparent, grandchild, daughter-in-law, son-in-law not under the same roof of the employee; and any grandparent, grandchild, brother, or sister of the employee's spouse, regardless of residence. 40 APA 1/19/01 to 1/13/05 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. 38.1 38.2 38.3 AR'I"~CLE 38 HOLI'DAYS The following days shall be recognized as holidays: · January 1st, 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 · December 25th, Christmas Day · Every day designated by the Anaheim City Council thanksgiving or holiday. for a public feast, Employees in uniformed assignments shall receive additional compensation equivalent to 1/10th of their regular bi-weekly compensation for each holiday listed in Article 38.1, and shall have their Paid Leave account reduced by eight (8) hours for each holiday listed in ARTICLE 38.1. 38.2.1 Effective the pay period beginning January 19, 2001, employees assigned to the Detention Facility shall receive additional compensation equivalent to 1/10th of their regular bi-weekly compensation for each holiday listed in AR-IqCLE 38.1, and shall have their accrued Paid Leave account reduced by eight (8) hours for each holiday listed in AR'IqCLE 38.1. Employees in non-uniformed assignments shall have the option of observing the holidays listed in AR-ilCLE 38 by drawing against their Paid Leave account or 41 APA 1/19/01 to 1/13/05 working the holiday. There shall be no additional compensation when an employee elects to work a holiday. 38.4 If not enough employees in non-uniformed assignments volunteer to work on a holiday, the Chief of Police or the Chief's designee may require employees to work the holiday. The determination as to which employees will be required to work shall generally be made on the basis of seniority. 39.1 AR'I'ZCLE 39 I'NDUSTRTAL ACCI'DENT LEAVE In the event that any full-time employee is absent from work as a result of any injury or disease which comes under the State of California Worker's Compensation Insurance and Safety Act, such absence shall be considered to be Industrial Accident Leave. 39.2 Any employee on Industrial Accident Leave shall receive compensation from ANAHEIM in an amount equal to the difference between temporary disability payments mandated by the State of California Worker's Compensation Insurance and Safety Act and the employee's regular rate of pay. 39.2.1 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. 39.3 Industrial Accident Leave shall begin on the first day of such absence as defined in AR-I-~CLE 39.1. 39.3.1 Industrial Accident Leave shall continue during all absences due to a single injury, but not to exceed one (1) year of accumulated absence. 42 APA 1/19/01 to 1/13/05 39.3.2 Industrial Accident Leave benefits provided by this ARTICLE shall apply to each injury or disease as defined in ARTICLE 39.1. 39.4 39.3.3 The effective date of a permanent disability rating as awarded by the Worker's Compensation Appeals Board ends eligibility for Industrial Accident Leave for that particular injury or disease. 39.3.4 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. 39.3.5 Industrial Accident Leave for absence due to injury or disease as defined in this ARTICLE shall be granted to employees only upon presentation of a physician's certificate of treatment. No employee shall have accrued paid leave deducted while on Industrial Accident Leave. Paid leave shall continue to accrue for any employee on Industrial Accident Leave in accordance with the provisions of ARTICLE 44 - PAID LEAVE PROGRAM. ARI'ZCLE 40 3URY DUTY AND COURT APPEARANCES 40.1 In the event any full-time employee is duly summoned to any court for the purpose of performing jury duty, the employee shall receive his/her regular compensation for any regularly scheduled working hours spent in actual performance of such service. 40.1.1 compensation for any regularly scheduled working performance of such service. Whenever employees are duly summoned to appear as a witness in an action arising out of their 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/her own misconduct, employees shall receive their regular hours spent in actual 43 APA 1/19/01 to 1/13/05 40.1.2 Whenever employees are summoned to appear as a witness for court matters within the scope of their employment, employees shall be compensated in accordance with provisions concerning compensation for normal performance of duties. 40.1.3 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. ARTLCLE 41 LEAVE WITHOUT PAY 41,1 Any employee who is absent from work and who is not on leave with pay shall be considered to be on leave without pay. 41.1.1 An employee on leave without pay shall receive no compensation and shall accumulate no paid leave while on such leave. 41.1.2 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. 41,1.3 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 maximuCh of twelve (12) complete months. 44 APA 1/19/01 to 1/13/05 41.1.4 In the event that leave without pay is granted an employee for an absence due to a disputed worker's compensation illness or injury, ANAHEIM shall continue to pay for any hospitalization and major medical insurance previously paid for by ANAHEIM for a maximum of 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. 41.1.5 An employee who is absent from work for a period of (1) one year on leave without pay shall be separated from service; provided however that an employee who is absent from work as a result of a disputed worker's compensation illness or injury shall not be separated until the employee 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 the employee may be entitled. 41.1.6 Leave Without Pay as provided for in ARTICLES 41.1.3 and/or 41.1.4 may be extended at the request of the Chief of Police, 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. 41.1.7 An employee returning to work from leave without pay shall be placed in the same salary step the employee was in prior to such leave. If such leave was in excess of two complete biweekly pay periods, the employee's anniversary date for purposes of merit pay increases shall be changed to conform with the provisions of ARTICLE 18.1 provided that the employee returns to a position in the same job class. If the employee returns to a position in a lower job class, the employee's salary step status shall be determined in accordance with the provisions of ARTICLE 36 - VOLUNTARY DEMOTION. APA 1/19/01 to 1/13/05 ARTZCLE 42 HI'LZ'I'ARY LEAVE 42.1 ANAHEIM'S policy relating to military leave and compensation therefore, shall be in accordance with the provisions of the Military and Veterans Code of the State of California (Section 395) and with all Federal provisions (Public Law 93-508). ARTZCLE 43 SI'CK LEAVE 43.1 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; bNenty-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 or her beneficiary, as designated by Public Employee's Retirement System records if the employee dies while employed. 43.1.1 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 or her Employee Sick Leave Trust Fund amount. 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. 46 APA 1/19/01 to 1/13/05 AR'rZCLE 44 PAZD LEAVE PROGRAM The Paid Leave program for regular, full-time employees in classifications listed in Appendix "A" shall be administered in accordance with the following provisions: 44.1.1 Effective ]uly 10, 1998,_employees shall accrue Paid Leave time as follows: 44.1.1.1 For employees hired prior to ]uly 10, 1998, for the first four (4) years of continuous, full-time service employees shall accrue Paid Leave at the rate of ten (10) hours for each complete biweekly pay period plus two (2) hours paid leave at the close of the final complete biweekly pay period of each fiscal year (262 hours per year). The maximum amount of Paid Leave that may be accrued shall be twice the annual accrual. For employees hired on or after ]uly 10, 1998, for the first four (4) years of continuous, full-time service employees shall accrue Paid Leave at the rate of nine (9) hours for each complete biweekly pay period plus two (2) hours paid leave at the close of the final complete biweekly pay period of each fiscal year (236 hours per year). The maximum amount of Paid Leave that may be accrued shall be twice the annual accrual. 44.1.1.2 Upon completion of four (4) years of continuous, full-time service, employees shall accrue Paid Leave at the rate of eleven (11) hours for each complete biweekly pay period plus two (2) hours paid leave at the close of the final complete biweekly pay period of each fiscal year (288 hours per year). The maximum amount of Paid Leave that may be accrued shall be twice the annual O accrual. 47 APA 1/19/01 to 1/13/05 44.1.1.3 Upon completion of eight (8) years of continuous, full-time service, employees shall accrue Paid Leave at the rate of twelve (12) hours for each complete biweekly pay period plus two (2) hours paid leave at the close of the final complete biweekly pay period of each fiscal year (314 hours per year). The maximum amount of Paid Leave that may be accrued shall be twice the annual accrual. 44.1.1.4 Upon completion of fourteen (14) years of continuous, full-time service, employees shall accrue Paid Leave at the rate of thirteen (13) hours for each complete biweekly pay period plus two (2) hours paid leave at the close of the final complete biweekly pay period of each fiscal year (340 hours per year). The maximum amount of Paid Leave that may be accrued shall be twice the annual accrual. 44.1.1.5 Upon completion of nineteen (19) years of continuous, full-time service, employees shall accrue Paid Leave at the rate of fourteen (14) hours for each complete biweekly pay period plus two (2) hours paid leave at the close of the final complete biweekly pay period of each fiscal year (366 hours per year), twice the annual accrual. 44.1.1.6 Effective .luly 21, 2000, upon completion of twenty-four (24) years of continuous, full-time service, such employees shall accrue Paid Leave at the rate of fifteen (15) hours for each complete biweekly pay period plus two (2) hours paid leave at the close of the final complete biweekly pay period of each fiscal year (392 hours per year). The maximum amount of Paid Leave that may be accrued shall be twice the annual accrual. 4 8 APA 1/19/01 to 1/13/05 Paid Leave time off shall be granted to employees for the purpose of scheduled vacation leave, holiday time off in accordance with AR'I-/CLE 38 -- HOI TDAYS of this Agreement, and medical and dental appointments during work hours. Leave authorized under this section shall require prior approval, and shall be granted in accordance with the best interests of ANAHETM and the Police Department. 44.3 Employees shall only be eligible for unscheduled Paid Leave time off for the following reasons: a) l~llness of the employee or physical incapacity of the employee due to illness or injury b) Enforced quarantine of the employee in accordance with community health regulations c)Temporary disabilities caused by pregnancy and childbirth and d) Illness of the employee's immediate family. 44.4 44.5 In the event that an employee is absent on unscheduled Paid Leave in excess of two consecutive work shifts, the Chief of Police or division head may require the employee to submit a written statement by a physician licensed by the State of California certifying that the employee's condition or that of an immediate family member prevented the employee from performing the duties of his/her position. Failure on the part of the employee to comply with such a requirement may be considered cause for denial of Paid Leave and may also be considered cause for disciplinary action. An employee requesting Paid Leave time for an absence from work as a result of any injury or illness which comes under the State of California Worker's Compensation Tnsurance and Safety Act after eligibilib/for tndustrial Accident Leave has ended shall receive maximum compensation from ANAHEIM in an amount equal to the difference between temporary disability payments mandated by the State of California Worker's Compensation ];nsurance and Safety Act and the employee's regular basic rate of pay. Paid Leave time shall continue to accrue in accordance with the above provisions during any period of leave with pay except that employees who remain on Tndustrial Accident Leave after exhausting State mandated 4850 benefits shall accumulate no Paid Leave time. 49 APA 1/19/01 to 1/13/05 44.6 An employee shall have one-half (1/2) hour deducted from the employee's accrued Paid Leave time for each one-half (1/2) hour of Paid Leave time taken. The minimum amount of Paid Leave time that may be taken at any time is one-half (1/2) hour. 44.7 The maximum amount of Paid Leave time that may be taken at any time shall be that amount that has accrued to the employee. 44.8 In the event that an employee leaves work during working hours and is placed on Paid Leave time prior to the close of the workday, such Paid Leave time shall be calculated to the nearest hour. 44.9 Paid leave time which is accrued but not taken shall be paid under the following conditions: 44.9.1 Upon termination, the employee shall be paid for all hours accrued but not used in excess of one hundred seventy five (175). In the event the employee retires from ANAHEIM service, all hours accrued but not used shall be reported as unused sick leave for additional service credit in accordance with the contract between ANAHEIM and the Public Employees Retirement System, or, at the option of the employee, paid in cash at the employee's regular hourly rate of pay. 44.9.2 Employees may request to be compensated for up to eighty (80) accrued Paid Leave hours once per calendar quarter (January I to March 31; April I to _lune 30; July I to September 30; October :1 to December 31) subject to the following provisions: 44.9.2.1 The employee must have used a minimum of forty (40) hours of Paid Leave during the preceding twelve (12) months. This provision shall be waived until October 29, 1998. 44.9.2.2 The employee's Paid Leave balance cannot drop below one hundred seventy-five (175) hours as a result of the request. 5 0 APA 1/19/01 to 1/13/05 44.9.2.3 The Chief of Police or the Chief's designee must approve the employee's request for Paid Leave pay-off. An employee who is continuously and totally disabled for more than thirty (30) calendar days shall be eligible to receive a disability benefit of eighty-five percent (85%) of the employee's base 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. Deductible benefits include salary or other compensation paid by any employer including self-employment, and disability and retirement benefits from the following sources: a) A Worker's Compensation Act or similar law (including benefits for partial or total disability; whether permanent or temporary) if benefits being received are for the current disabling condition b) A state, federal or other governmental disability or retirement plan (including but not limited to the Federal Social Security Act) if benefits being received are for the current disabling condition c) Any pension plan toward which ANAHEIM contributed. 44.10.2 Total disability means an employee's complete inability to engage in the employee's regular occupation. 44.10,3 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. 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: 51 APA 1/19/01 to 1/13/05 44.11.1 All periods of total disability must be due to the same cause or causes; and 44.11.2 All recurring periods of total disability that qualify as one period of continuous total disability for the insured LTD plan, shall qualify as one period of continuous total disability for the ANAHEIM Disability Plan and shall not require a new one month waiting period before ANAHEIM Disability Benefits will be paid; and 44.11.3 Commencement of the benefit period for the insured LTD plan shall automatically terminate benefits from the ANAHEIM Disability Plan. 44.12 An employee who is continuously and totally disabled for more than six (6) months shall receive long-term disability benefits in accordance with the provisions of ARTICLE 59 - iNSURANCE. ARTICLE 45 GENERAL OVERTIME 45.1 A full-time employee who performs authorized work in excess of the employee's normal work period, regular work week, work day or shift shall be compensated for such work at the rate of one and one-half (1/2) times the employee's 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. 45.1.1 Overtime shall be calculated to the nearest one- quarter hour of overtime worked, except any overtime of less than one-half (1/2) hour duration shall be calculated to the nearest one-half (1/2) hour. 45.1.2 All overtime must be authorized by the appropriate division head. 52 APA 1/19/01 to 1/13/05 45.1.3 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 interest 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. The employee 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 3une of each year. A terminating employee shall be compensated at his/her current rate of pay for accrued compensatory time. 45.1.3.1 The Chief of Police shall have authority to suspend the option of accepting the half time portion in pay and accumulating straight time by any work section, or any classification, or any individual employee in the event that temporary or short-term staffing levels or other work anomalies result in employees not having a reasonable expectation of taking compensatory time off. The Chief's decision shall be communicated to the APA in writing and shall not be subject to review or appeal. 45.2 45.1.4 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, unless required by law. 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 class 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 53 APA 1/19/01 to 1/13/05 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. 45.3 Employees assigned to work overtime for which ANAHE1'M is reimbursed shall not be allowed compensatory time for such work but shall be compensated at the appropriate overtime rate of pay. 45.4 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. Police Lieutenants/Police Captains Management employees who voluntarily request 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 ARTJ:CLE, they shall be paid ! 1/2 times the hourly rate of Police Sergeant "E" step. m Police Sergeants Ordered to Work Employees currently employed as Police Sergeant who are ordered to work the event. 54 APA 1/19/01 to 1/13/05 46,1 ARTZCLE 46 BZLTNGUAL PAY 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 five percent (5%) of their regular biweekly pay per pay period in addition to their regular pay. 46,1.1 46.1.2 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. 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 an authorized bilingual certifier may conduct their own test of bilingual competency and notify the Human Resources Director of the outcome of the test. 46.1.3 46.1.4 Bilingual Pay eligibility shall continue in accordance with the above provisions during any period of leave with pay. Bilingual pay eligibility shall continue only as long as the employee demonstrates continuin9 competency through an annual proficiency examination, and the Chief of Police affirms an ongoing need for the assigned bilingual duties. 46.2 ANAHEIM agrees that no employee shall be required to take theotest of competency and receive Bilingual Pay. 55 APA 1/19/01 to 1/13/05 AR'rZCLE 47 CALL-OUT 47.1 Call out compensation shall be in accordance with the following provisions: 47.1.1 All emergency call-out time shall be calculated to the nearest one-quarter (1/4) hour of time worked. 47.1.2 When an employee is called out for emergency work, the employee shall be paid at the rate of one and one-half (1/2) times the employee's regular hourly rate of pay for such emergency work. 47.1.3 A minimum of two (2) hours (including travel time) of pay at the rate of one and one-half times the employee's regular hourly rate of pay shall be guaranteed for each emergency call out. 47.1.4 Forty-five minutes time shall be added to the time worked to compensate the employee for travel time incurred for each emergency call out. 47.1.5 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 p.m. of the calendar day prior to the date of court appearance shall receive overtime compensation according to emergency call out provisions. 47.1.6 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. 47.2 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. 56 APA 1/19/01 to 1/13/05 48.1 AR'I'/CLE 48 SHIFT DI'FFEREN'r~AL Effective 3anuary 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 shift differential pay for those regular hours worked. 48.2 48.3 Effective 3uly 2, 2004, an employee 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 shift differential pay for those regular hours worked. A premium of 2.0% of the employee's regular hourly rate of pay shall be paid for all regular hours worked between 1800 (6:00 p.m.) and 0600 (6:00 a.m.) 48.3.1 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, paid leave, etc. 48.3.2 An employee eligible to receive shift differential who is temporarily upgraded to Police Lieutenant shall be eligible to receive shift differential pay while temporarily upgraded. 49.1 ARTICLE 49 SPECTAL ASSIGNMENTS 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. 57 APA 1/19/01 to 1/13/05 49.2 49.3 With the exception of employees assigned pursuant to ARTICLE 62 (Mandatory Permanent Modified Duty Program) employees shall be required to change assignments after five (5) years in a specialized assignment. 49.2.! The requirements of Article 49.2 shall apply only to those employees who are assigned to a special assignment on or after January 29, 2001. 49.2.2 Employees assigned to a specialized assignment in traffic shall be required to change assignments after six (6) years. 49.2.3 Employees assigned to a specialized assignment in helicopters shall be required to change assignments after ten (10) years. The Police Chief may waive the requirements of ARTICLE 49.2 above when such waiver would serve the best interests of the Department. 50.1 ARTICLE 50 SHORT SHI'FT CHANGE Short shift change as defined herein shall be compensated at the rate of one and one-half (1/2) times the employee's regular hourly rate of pay. 50.1.1 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. 50.2.2 The first shift after transfer from one 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. 50.1.3 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 workweek. 58 APA 1/19/01 to 1/13/05 50.1.4 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 workweek. ARTZCLE 51 STANDBY 51.1 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 the employee's regular hourly rate of pay for each calendar day of such standby duty. 51.2 An employee assigned to standby duty for purposes of being on call for court appearances within the scope of his/her employment arising at times other than during normal working hours shall be guaranteed two (2) hours of pay at the employee's regular hourly rate of pay for each calendar day of such standby duty. An employee assigned to standby duty for purposes of being on call for two separate court subpoenas for both a morning session and an afternoon session on the same day shall be guaranteed two (2) additional hours of pay at the employee's regular hourly rate of pay for each calendar day of such standby duty. This provision does not apply to carryovers from a single subpoena from a morning session to an afternoon session, 51.2.1 An employee who is called for a court appearance in accordance with this ARTICLE and who is required to report back after a lunch period shall be provided a one (1) hour unpaid meal period. 59 APA1/19/01 to 1/13/05 52.1 ARTTCLE 52 TRAVEL AND MZLEAGE EXPENSES Travel expense allowance for employees while on ANAHETM business shall be provided in accordance with regulations established by the Anaheim City Manager and/or the Anaheim City Council. 52.2 Anaheim's Mileage Reimbursement rate will be the maximum mileage allowance established by the ]:nternal Revenue Service for which an employee does not have to account to his or her employer for business transportation expenses. 52.3 Any increase or decrease shall be effective the first day of the second month after the date of publication by the l~nternal Revenue Service. AR'I'/CLE 53 K-9 UNTT 53.1 53.2 Officer Selection 53.1.1 The Anaheim Police Department shall determine the procedures for selection of officers assigned to the K-9 Unit. standards and Compensation 53.2.1 Premium and call out compensation shall be in accordance with the provisions of ARTICLE 45 - GENERAL OVER'I-~ME and ART]:CLE 47 - CALL OUT. 53.3 Conditions of Assignment 53.3.:[ Officers selected for the K-9 Unit shall agree to a two (2) year minimum assignment to the K-9 Unit. 53.3.2 K-9 officers shall reside within 30 minutes normal driving time from the Police Department. 60 APA 1/19/01 to 1/13/05 53.3.3 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. 53.3.4 ANAHEIM shall be responsible for constructing a dog house and run on the K-9 officer's property. 53.3.5 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. 53.4 Program Operation 53.4.1 Equipment Assignment. 53.4.1.1 K-9 officers shall be permanently assigned a squad car, and a hand-held radio and a charger, which will be kept at the officer's home when not on duty. 53.4.1.2 Such general training and handling equipment as required to maintain the dog in first-rate condition shall be provided by the Anaheim Police Department. 53.4.2 Care of the Dog 53.4.2.1 The Anaheim Police Department shall provide necessary veterinarian visits on-duty or the officer shall be compensated at the appropriate overtime rate of pay for off-duty visits in accordance with AR-I-~CLE 45 - GENERAL OVERTIME. 53.4.2.2 The Anaheim Police Department shall provide dog food and feeding utensils. 53.4.2.3 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. 61 APA 1/19/01 to 1/13/05 53.4.2.4 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. 53.5 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. AR'i'[CLE 54 MEAL ALLOWANCE 54.1 ANAHEIM shall provide an employee adequate meals under the following conditions. 54.1.1 An employee shall be provided with two adequate meals if the employee is called out on emergency overtime work one (1) or more hours before a scheduled workday. If a meal has been earned under another section of this rule within two (2) hours of the scheduled workday, only one meal shall be provided under this section. 54.1.2 An employee will be provided one meal if the employee is called back to emergency overtime work within one and one-half (1 1/2) hours after normal quitting time and works beyond two and one-half (2 1/2) hours after normal quitting time. 54.1.3 An employee shall be provided an adequate meal if the employee works two (2) hours or more overtime beyond the normal quitting time. 54.1.4 An employee shall receive one meal if the employee is scheduled to work overtime two (2) hours or more before a regular day. 54.1.5 An employee shall be provided an adec~uate meal at four (4) hour intervals during the performance of emergency overtime work. 62 APA 1/19/01 to 1/13/05 54.1.6 Mealtime shall be compensated at the appropriate overtime rate and shall normally be limited to one-half (1/2) hour with a maximum limit of forty-five minutes paid mealtime. 54.1.7 An employee may, at the employee's request, be compensated for meals at the rate of one-half (1/2) hour of overtime pay per meal. AR1/CLE 55 MI'SCELLANEOUS 55.1 Motorcycle and Vice, Narcotics, Criminal Tntelligence employees shall not be granted travel time when driving an Anaheim City vehicle to and from work. 55.2 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. 55.3 ANAHEIM agrees that employees assigned to uniformed work units may elect to wear long sleeve or short sleeve uniform shirts at the employee's discretion. For special events such as parades, concerts, funerals, etc., the Chief of Police may designate the appropriate uniform to be worn. 55.4 ANAHEIM and the APA agree that a Police Officer/Helicopter Pilot assigned to the Helicopter detail may choose his or her shift assignment based on Helicopter detail seniority for a period of not more than twelve (12) months in a sixteen month cycle. A Police Officer/Helicopter Pilot may be assigned to a different shift for one shift realignment period, not to exceed four (4) months, as determined by Police Department management. 55.4.1 Personnel assigned to the Helicopter detail will rotate days off during their normal work schedule as determined by Police Department management. 63 APA 1/19/01 to 1/13/05 Police Department management may make scheduling changes to facilitate training, or meet other specific Department needs. ARTZCLE 56 POLTCE OFFTCER TRAI'NEE 56.1 ANAHEIM and the APA agree that employees hired into the Police Officer Trainee classification shall be members of the "Miscellaneous" retirement plan rather than the "Safety" formula. Upon satisfactory completion of basic recruit training, Police Officer Trainees shall be promoted to Police Officer (Safety Plan). Employees promoted under the provisions of this ARTICLE shall retain their merit review date and salary step status. 56.2 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. 56.2.1 Employees who were hired on or before 3uly 2, 1992, shall use their hire date as the seniority date. 56.2.2 Employees who were hired on or after 3uly 3, 1992, shall use their sworn - in date as the seniority date. Sworn-in date is defined as the date an employee receives a badge, including badge number and receives a formal letter of appointment by the Chief of Police. 56.2.3 Should two or more employees share the same seniority date, preference shall then be established by the alphabetical listing of surnames. 64 APA 1/19/01 to 1/13/05 ARTICLE 57 ADt4INISTRATWE LEAVE WITH PAY 57.1 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: 57.1.1 Officers involved in shooting. 57.1.2 Officers suspected of wrongful acts at such times as the best interests of ANAHEIM are served by keeping such officers away from the workplace. 57.1.3 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 Paid Leave Pay to satisfy the elimination period for entitlement to Short Term Disability Benefits. ARTICLE 58 GRIEVANCE GENERAL 58.1 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 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 320 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/her own behalf. 65 APA 1/19/01 to 1/13/05 58.1.1 In those instances where the discipline imposed is other than a salary step reduction, suspension, demotion, or dismissal, either the APA or the affected employee on his/her own behalf, may submit a written request for a review of the disciplinary action through an administrative review procedure. 58.1.1.1 Administrative Review Procedure: The written request must be submitted to the Police Chief's office within fourteen (14) calendar days after receipt of notice by the employee of the disciplinary action. The Chief of Police shall conduct an administrative review within fourteen (14) calendar days of submission of the written request. The Chief of Police shall review the disciplinary action and may affirm, reverse, or modify as deemed appropriate the disciplinary action. The Chief's determination shall be delivered in writing within fourteen (14) calendar days after the administrative review. The Chief's determination shall be final and binding. 58.1.2 Supervisory log entries shall not be subject to review through the grievance procedure nor through the administrative review procedure set forth in section 58.1.1.1 above. 58.1.3 AR'I-[CLE 32.5 provides for an accelerated procedure under the provisions of this AR-I'~CLE when an employee is dismissed. 58.2 Any violation of this Memorandum as alleged by ANAHETM 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. 58.3 All filing fees and arbitrator expenses shall be borne equally by °ANAHEIM and the APA. Any compensation payable to an employee who is required to be available to testify as a witness shall be borne by the calling party. 66 APA 1/19/01 to 1/13/05 58.4 Employee grievances shall be handled in the following manner: 58.4.1 First Step. An attempt shall be made to adjust all grievances on an informal basis between the employee and/or his or her designated representative and a supervisor in the employee's chain of command, up to and including the division head, within fourteen (14) calendar days after the occurrence of the incident involved in the grievance. The division head's answer shall be delivered within seven (7) calendar days after the Step I grievance hearing. 58.4.1.1 Grievances resulting from the actions of a department other than an employee's work unit shall be heard by an appropriate Administrative IVlanager from that department. 58.4.2 Second Step. If the grievance is not satisfactorily adjusted in the First Step, it shall be submitted in writing to the Chief of Police within fourteen (14) calendar days after the division head's answer is received by the employee and/or his or her designated representative. The Chief of Police shall meet with the employee and/or his or her designated representative within fourteen (14) calendar days after submission of the grievance. The Chief of Police shall review the grievance and may affirm, reverse, or modify as deemed appropriate, the disposition made at the First Step and shall deliver the Second Step answer to the employee and/or his or her designated representative within seven (7) calendar days after said meeting. 58.4.2.1 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. 58.4.3 Third Step. If the grievance is not satisfactorily adjusted in the Second Step, it shall be submitted, solely by the APA, to an impartial arbitrator for a final and binding decision (or, if the Anaheim City Manager and the employee and/or his or her designated representative agree, it shall be submitted to the Anaheim City Manager for a final and binding decision). Such submission 67 APA 1/19/01 to 1/13/05 must occur within thirty (30) calendar days after the Chief of Police's answer is received. 58.4.3.1 The parties (ANAHETM 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. 58.4.4 58.4.5 If submitted to the Anaheim City Manager, the Anaheim City Manager or the City Manager's assistant shall meet with the employee and/or his or her designated representative within fourteen (14) calendar days after submission of the grievance. The Anaheim City Manager or the City Manager's assistant may affirm, reverse, or modify as deemed appropriate, the disposition made at the Second Step. The Anaheim City Manager or the City Manager's assistant shall deliver his/her decision to the employee and/or his or her designated representative within seven (7) calendar days after said meeting, and such decision shall be final and binding on both parties. 58.5 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 Police's answer is received by the employee and/or his or her 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. 58.5.1 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 68 APA 1/19/01 to 1/13/05 and controlled by this Memorandum, Ordinances and Charter of Anaheim, and the laws and Constitution of the State of California. 58.6 58.5.2 The arbitrator shall be requested by the parties to render a decision in writing as quickly as possible but in no event later than thirty (30) calendar days after the conclusion of the hearings, unless the parties agree otherwise. Any grievance not presented and/or carried forward by the employee and/or his or her designated representative within the time limits specified in this ARTICLE shall be deemed null and void, provided, however, the employee and/or his or her designated representative and the ANAHEIM representative may agree to continue said time limits. 58.7 Any adoption, deletion, or revision of ANAHE:[M 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: 58,8.! Employees shall have the right to represent themselves individually in grievance matters through the Second Step of the grievance procedure. 58.8.2 Employees may designate a representative to represent them in grievance matters through the Second Step of the grievance procedurei 58.8.3 No supervisor shall be represented in grievance matters by an employee whom he or she may supervise. 58.8.4 No employee shall be represented in grievance matters by a supervisor for whom he or she may work. 69 APA 1/:19/01 to 1/13/05 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 or she may supervise or an employee for whom he or she 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 terms and conditions of this Agreement shall be limited to the pay period prior to the date that ANAHEIM was noticed of the dispute. 59.1 ARTICLE 59 INSURANCE -- ACTIVE EMPLOYEES Health Plans 59.1.1 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 $10 co-payment for outpatient and physician services. 59.1.2 ANAHEIM shall contribute towards the monthly cost of health coverage to the various medical plans as follows: Approved HMO Plans not to exceed 100% of the monthly rate. 59.1.3 All other Health Plans not to exceed 130% of the Kaiser monthly rate. Effective 2003, ANAHEIM shall increase its contribution to the premiums for the various health plans each January. This contribution shall be based on the Consumer Price Index, All Items Index -- Urban Wage Earners and ?0 APA 1/19/01 to 1/13/05 Clerical Employees (CPI-W), for the area identified as Los Angeles -- Riverside -- Orange County. The increase in ANAHEIM's contribution shall be equal to the percent change for the year ending July of the prior calendar year plus seventy-five percent (75%) of any amount above the CPT--W. (For example, the City's increase in contribution for calendar year 2003 shall equal the percent change in the CPI-W for the year ending July 2002, plus 75% of the amount of the health premium increase that exceeds the percent change in the CPT-W for the year ending July 2002). 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 ANAHETM 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. Effective January 1, 2003, the payment shall be increased to $125 per month. 59.1.4 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 ANAHETM. 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 59.1.2 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. 59.1.5 Proof of marriage shall be required of all employees enrolled in any City Medical plan to enroll a dependent spouse after February 1, 1984. ? 1 APA 1/19/01 to 1/13/05 59.1.6 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. 59.1.7 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. 59.2 59.1.8 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. Life Insurance 59.2.1 ANAHEIM agrees to contribute to the APA Life Insurance Trust Fund $8.00 per month per employee during the term of this Memorandum. 59.2.2 The APA Life Insurance Trust Fund shall purchase and provide life insurance for its active employee members and their enrolled dependents in amounts accordincj to the followincj schedule; ANNUAL WAGE $10,000 but less than 15,000 but less than 20,000 and over AMOUNT OF LIFE INSURANCE $15,000 $20,000 $25,000 72 APA 1/19/01 to 1/13/05 Dependent coverage for spouse and each dependent 5 years to :1.9 years of age $1,000 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 $100 $200 $400 $600 $800 59.2.3 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. 59.2.4 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. 59.3 Long-Term Disability Benefits 59.3.1 Effective October 4, 1996, employees shall pay the cost of long-term disability insurance premiums. 59.3.2 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. '~ 73 APA 1/19/01 to 1/13/05 59.3.3 ANAHEIM shall only provide long term disability for non-occupational disabling conditions, commencing February 1, 1984, provided however, that employees who apply for an industrial disability pension under PERS shall be advanced 50% of their regular monthly pay until such time as they receive their first PERS disability retirement check. Such employees 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. 59.3.4 ANAHEIM and the APA agree that 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. 59.3.5 ANAHEIM and the APA agree that 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 or her own contractual obligations to the LTD carrier to repay any overpayment directly to the LTD carrier. 59.4 Dental Plans 59.4.1 ANAHEIM agrees to continue sponsorship of the fee for service dental plan. 59.4.2 ANAHEIM agrees to continue sponsorship of prepaid dental plans. 59.4.3 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 74 APA 1/19/01 to 1/13/05 59.5 the term of this agreement, ANAHEIM shall during the remaining term of this agreement pay the rate in effect at the time of cancellation. Short Term Disability 59.5.1 ANAHEIM agrees to continue sponsorship of the employee paid short-term disability insurance coverage for presently enrolled employees during the term of this Memorandum. 59.5.2 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. 59.6 Pensions 59.6.1 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. 59.6.2 59.6.3 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. ANAHEIM shall contribute a portion of the cost of employee survivors' benefits in accordance with the provisions of the above contract. 59.6.4 Effective .lune 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. 59.6.4.1 Each employee shall pay the statutorily required employee retirement contribution to PERS as reflected in Appendix "A". However, pursuant to Section 414(h)(2) of the Internal Revenue APA 1/19/01 to 1/13/05 Code, those employee payments shall be "picked up" by ANAHEIM and, thus, regarded as employer contributions. 59.6.4.2 59.6.4.3 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. 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. 59.6.5 The contract between PERS and ANAHEIM as it applies to employees in classifications listed in Appendix "A" shall become a part of this Memorandum by reference. 59,6.6 ANAHEIM agrees to amend the City's contract with the Public Employees Retirement System Police Safety Plan effective July 6, 2001 to provide Government Code §21326.2 benefits (''3% @ 50"). 59.6.6.1 ANAHEIM and APA agree that, during the term of this Agreement, the employee shall pay all employer PERS costs in excess of nine percent (9%). 59.6.6.2 ANAHEIM and APA agree that any costs in excess of the Normal Cost of the PERS benefit provided during fiscal year 2000/2001 (13.36~9%) shall be shared equally between ANAHEIM and the employee. 76 APA 1/19/01 to 1/13/05 59.6.7 ANAHEIM agrees to amend the City's contract with the Public Employees Retirement System Police Safety Plan effective July 4, 2003 to provide the Pre-Retirement Optional Settlement 2 Death Benefit (Government Code {}21548), and to replace the current five hundred dollar ($500) Retiree Death Benefit with a five thousand dollar ($5,000) Retiree Death Benefit (Government Code §21623.5). ART/CLE 60 POST RETTREMENT MEDZCAL BENEFrrS 60.1 ANAHEIM and APA agree that employees hired on or after July 6, 2001 shall not be eligible for any post-retirement medical benefits under this ARTICLE. ANAHEIM and APA agree that employees hired on or after July 6, 2001 shall be provided a defined contribution Post Retirement Medical benefit negotiated in accordance with ARTICLE 69.1. 60.2 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 plan (medical benefits only) as a retiree. 60.3 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 9ood standin9 shall pay monthly premiums in accordance with the following schedule: Single coverage Two party coverage Family coverage $15.00 monthly $15.00 monthly $45.00 monthly 60.3.1 The surviving spouse of the retiree may continue coverage under the same terms and conditions. 77 APA 1/19/01 to 1/13/05 60.4 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. 60.4.1 The employee must have completed at least five (5) years of continuous, full-time ANAHEIM service on the date of retirement, and 60.4.2 The employee must have been awarded a retirement from the Public Employees' Retirement System ("PERS") as the reason for separation from ANAHEIM service, and 60.4.3 PERS retirement benefits must commence no later than the first day of the month following the date of separation from ANAHEIM service. 60.4.4 ANAHEIM shall contribute towards the premium costs of any ANAHEIM sponsored health plan elected by the employee as follows: EMPLOYEES H'rRED PR/OR TO FEBRUARY 1, 1984 Service Retirements ANAHEIM Years of Service At Age 60 Under Age 60 10-14 40% 20% 15-19 60% 30% 20-24 80% 40% 25+ 90% 45% Industrial Disability Retirements WCAB Rating greater than or equal to 70% ANAHEIM contribution percent shall be equal to 100% of the WCAB rating to a maximum contribution of 90%. WCAB Rating less than 70% ANAHEIM contribution percent shall be 78 APA 1/19/01 to 1/13/05 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'_s contribution shall be 90% for one year or until the rehabilitation plan ends, then ANAHEIM'_s contribution reverts to the 50% or 100% standard. 60.4.5 EMPLOYEES H1'RED 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 ~% · 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's contribution shall be 45% for one year or until the rehabilitation plan ends, then ANAHEIM's contribution reverts to the 25% or 50% standard. The surviving spouse of the retiree may continue coverage under the same terms and conditions. APA 1/19/01 to 1/13/05 60.5 Employees who retire on or after .luly 1, 1985, and who meet the requirements described below shall be eligible to participate in any ANAHETM sponsored health plan. 60.5.1 The employee must have completed at least ten (10) years of continuous, full-time ANAHEIM service on the date of retirement, and 60.5.2 The employee must have been awarded a retirement from PERS as the reason for separation from ANAHEIM service, and 60.5.3 60.5.4 PERS retirement benefits must commence no later than the first day of the month following the date of separation from ANAHEIIVl service, OR The employee must have been awarded a disabilib/retirement (Ordinary or Industrial) from PERS as the reason for separation from ANAHEIM service. 60.5.5 ANAHETM shall contribute towards the premium costs of the ANAHEIM sponsored health plan elected by the employee according to the following schedule: 60.5.5.1 For Service Retirements, the contribution shall be a percentage of the annual Single or Two Party contribution made by ANAHEIIVl on behalf of active employees, the percentage equal to 1.2 times the Safety 2% at 50 PERS retirement schedule~ to a maximum contribution of 95% based on the employee's age and consecutive years of Anaheim service at the time of retirement. ANAHEIM service shall be calculated to the nearest complete one-quarter year. 60.5.5.2 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 8o APA 1/19/01 to 1/13/05 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. 60.5.5.3 In the event an employee is eligible for both a Service and a Disability Retirement benefit under this ARTICLE, the employee shall receive the Service Retirement benefit. 60.5.5.4 An employee who has completed twenty (20) consecutive years of service with ANAHEIM as a sworn Police Officer and who has prior service as a sworn Police Officer with another California law enforcement agency shall receive up to three (3) years of additional service credit for the purpose of calculating ANAHEIM's contribution towards post-retirement medical benefits. An employee who has completed twenty (20) consecutive years of service with ANAHEIM as a sworn Police Officer and who has prior service as a sworn Police Officer with ANAHEIM shall receive additional service credit equal to all prior ANAHEIM service for the purpose of calculating ANAHEIM's contribution towards post- retirement medical benefits. Such service credit shall be provided on the basis of one full quarter of service credit for each full quarter of prior service. ANAHEIM and the APA agree that this provision shall remain in effect through .lanuary 13, 2005. 60.5.6 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. 60.5.7 The full value of any MediCare credits provided to ANAHEIM or MediCare surcharges imposed on ANAHEIM by virtue of a retiree's participation or 81 APA 1/19/01 to 1/13/05 non-participation in MediCare shall be passed on to the retiree in the form of reduced or increased premium costs. 60.5.8 The surviving spouse of the retiree may continue coverage under the same terms 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. 60.6 Any employee who retires from ANAHEIM service and who is eligible to receive a multiple benefits under this ARTICLE may elect any single benefit for which he or she is eligible at the time of retirement. Such election shall be irrevocable. 60.7 The following conditions shall apply to all retirees who have post retirement medical benefit coverage under this ARTICLE: 60.7.1 Once canceled for any reason, coverage shall not be reinstated. 60.7.2 Coverage shall be canceled for non-payment of fees after three months in arrears. 60.7.3 There shall be Coordination of Benefits where other insurance exists. 60.7.4 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. ARTICLE 61 HEDICAL EXAMINATIONS 61.1 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. 82 APA 1/19/01 to 1/13/05 61.2 In order to be eligible for promotion or transfer to a job class in a category requiring greater physical qualification than an employee's present job class, the employee must pass the appropriate medical examination. 61.3 Any employee who returns to work after an absence in excess of four consecutive work shifts due to illness or physical incapacity may be required by the Chief of Police to undergo a medical examination. 61.3.1 Any employee who fails to pass a medical examination required under the provisions of ARTICLE 61.3 may be transferred or demoted to a position requiring lesser medical qualifications, or recommended for disability retirement, or terminated. 61.4 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 or her practice as defined by California State Law. 61.5 ANAHEIM shall pay for any medical examination required under the provisions of this ARTICLE. 61.6 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 PERMANENT MODIFIED DUTY PROGRAM 62.1 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: 83 APA 1/19/01 to 1/13/05 62.1.1 Upon notification by an ANAHEIM-approved physician (ANAHEIM may select, at its discretion, the employee's treating physician as an 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/her classification, ANAHEIM may, after conferring with the employee, select an appropriate available Program assignment. 62.1.1.1 An 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. 62.1.1.2 The employee shall retain his/her current rank or classification regardless of the Program assignment. 62.1.1.3 Any employee participating in the Program may, at any time, request to be considered for reassignment to another Program assignment. 62,1,1.~ Participation in the Program shall be considered return to usual and customary occupation for purposes of vocational rehabilitation. 62.2 Employees assigned to the Program shall be compensated at their normal hourly rate of pay including educational incentive pay and special assignment pay. 62.2.1 Employees assigned to the Program may apply for' and receive "POST" premiums conditioned on the continuing recommendation of the Chief of Police. 84 APA 1/19/01 to 1/13/05 62.2.2 Employees at different rates of pay may be placed in similar Program assignments. 62.3 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. 62.3.1 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. 62.3.2 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. 62.3.3 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. 62.4 Assignment to the Program shall continue until any of the following occurs: 62.4.1 ANAHEIM can no longer accommodate the employee's medical work restrictions and the employee receives a disability retirement. 62.4.2 The employee is medically released to the full range of duties on a full-time basis. 62.4.3 The employee is promoted to a higher classification in a regular position that the employee is medically qualified to perform. 62.4.4 ANAHEIM approves an employee-generated disability retirement and retires the employee. 85 APA 1/19/01 to 1/13/05 62.4.5 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. 62.5 Promotional opportunities will occur via the normal promotional processes. 62.5.1 When an employee assigned to the Program is ranked next on an eligibility list, the employee shall be promoted to any vacant position for which the employee is medically qualified. The Chief of Police is not required to transfer any employee in order to promote the employee. 62.6 All Program assignments shall be to productive work, provided the duties of the assignment may be modified to accommodate the permanent work restriction medically placed on the employee. 62.7 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. 62.8 This Memorandum shall apply only to those employees in a safety classification as designated by PERS and represented by the APA. 62.9 ANAHEIM shall, after discussion with the APA, revise A.R. 2.67 to accommodate the terms and conditions oi: this Memorandum. 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: 62.10.1 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-time Extended Disability benefit balance credit of one 86 APA 1/19/01 to 1/13/05 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. 62.10.2 Labor Code 4850 benefits must be exhausted prior to the utilization of Extended Disability benefits. 62.10.3 Extended Disability benefits shall be paid at eight-five percent (85%)_of the employee's base rate of pay before_withholding taxes and less deductible benefits as identified in ARTICLE 44 - PAID LEAVE PROGRAM. 62.10.4 An employee shall have one (1) hour deducted from his/her 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. 62.10.5 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 is 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 ARTICLE are subject to the grievance procedure. 63.1 ARTICLE 63 FITNESS/WELLNESS PROGRAN! APA and ANAHEIM agree to create a Police Wellness Incentive Advisory Committee. The Committee shall review, recommend, and evaluate programs and incentives designed to improve the health and fitness of employees at a reasonable 87 APA 1/19/01 to 1/13/05 cost/benefit Such programs and incentives shall increase productivity, reduced unplanned absences and reduce health and disability benefit costs. 63.2 63.3 63.4 Serving on the Committee shall be one Police Department management representative, one Human Resources Department staff representative, the Fitness Consultant, and two employees recommended by the APA. This Committee shall meet quarterly and shall report to the Human Resources Director, on a periodic basis, its findings and recommendations for changes to the Police Wellness Incentive Program (WIN). The report shall be forwarded to the Anaheim City Manager for review. APA and ANAHEIM agree that employees successfully completing the WIN shall receive a Healthy Day Off up to twelve (12) hours of paid leave and reimbursement up to $200 for an annual health club membership upon completion of the comprehensive Health/Fitness Screening and the one-on-one Fitness Consultation. 64.1 AR'I~CLE 64 F:ZTNESS FOR DUTY 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 64.3 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. 0 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, 88 APA 1/19/01 to 1/13/05 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. 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. ARTZCLE 65 F%TNESS FOR DUTY ASSESSI~IENTS 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 Paid Leave and Short-Term Disability Benefits in accordance with ARTICLE 44 -- PAID LEAVE PROGRAM. 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. 89 APA 1/19/01 to 1/13/05 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. 66.1 ARTZCLE 66 3OI'NT COMMI'TTEE ON MEDI'CAL PROGRAF,IS 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 Iow-cost medical care for the employees of ANAHEIM. 66.2 Serving on the committee with Human Resources Department staff and operating department management staff shall be two members from APA. 66.3 66.4 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 medical programs. A report shall be prepared setting forth specific recommendations as to alternatives and cost containment provisions. The report shall be forwarded to the Anaheim City Manager for review. 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. 9O APA 1/19/01 to 1/13/05 ARTLCLE 67 RESZDENCE ZNCENTZVE 67.1 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. 67.2 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 in the Police Officer benchmark series 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. 67.3 The loan authorized under the provisions of ARTICLE 67.1 above shall be secured by a Second Trust Deed held by ANAHEIM. 67.4 The loan authorized under the provisions of ARTICLE 67.2 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/her principal residence and remains an active Police Officer in the employ of ANAHEIM. At the conclusion of the ten (10) years, ANAHEIM shall sign its ownership interest in the property over to the employee. ARTZCLE 68 NO STRZKE 68.1 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. 68.2 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. 91 APA 1/19/01 to 1/13/05 68.3 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. ARTZCLE 69 RE-OPENER 69.1 Effective April 1, 2001,_ANAHEIM and the APA agree to meet and confer concerning a defined contribution Post-Retirement Medical Plan for new employees with emphasis on pre-tax savings and individual contributions, to be effective 3uly 6, 2001. 69.2 69.3 69.4 69.5 Effective 3uly 1, 2001, ANAHEIM and the APA agree to meet and confer concerning a cafeteria plan for employee benefits to be effective 3anuary 1, 2003. ANAHEIM agrees to meet and confer at any time during the term of this Agreement at the request of the APA to discuss APA sponsorship of employee health benefits for represented employees. ANAHEIM agrees to meet and confer at any time during the term of this Agreement concerning possible changes to the Post-Retirement Medical Plan schedule of benefits provided under ARTICLE 56.4 of this Agreement. Such discussions shall be initiated at the request of the APA. ANAHEIM and APA agree that any agreement to change the benefit schedule that increases ANAHEIM's actuarial costs above 6.3% shall be paid by the employee. ANAHEIM and the APA agree that any agreement reached shall be created by Letter of Understanding, signed by the City Management Representative and the APA representatives, and shall be presented to the Anaheim City Council for determination. 92 APA 1/19/01 to 1/13/05 AR'FZCLE 70 CONSTRUCT'ZON 70.1 Nothing in this Agreement shall be construed to deny any person or employee the rights granted by Federal and State laws and City Charter provisions. The rights, powers and authority of the 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 :[ of the Government Code of the State of California (Sections 3500, thc etseq.) as amended in 1982. AR'rZCLE 71 SAVINGS CLAUSE 71.1 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. 93 APA 1/19/01 to 1/13/05 ART~'CLE 72 DURATI'0N 72.1 The terms of this Memorandum are to remain in full force and effect until the 13th day of January 2005. 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 19th day of January 2001. STAFF OFFICIALS OF THE CEFY OF ANAHEIM, a municipal corporation ANAHEIM POLICE ASSOCIATION By: By: ~ By: By: By: Dated: Dated: /--~/~ 3 -- 0 / 9,t APA 1/19/01 to 1/13/05 0 z Z 000000000000000000 APPENDIX NZNE PLAN 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 -hour shifts and four (4) eight and one-half hour shifts in a twenty-eight (28) day work period. The average workweek of such designated employees shall be defined as a forty (40) hour workweek. The workday 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 workday. The workweek shall consist of five (5) days in one week of the bi-weekly pay period and four (4) days in the other week of a bi-weekly pay period on an alternating basis. Such schedule shall be designed and implemented by Police Department management. Employees who perform authorized work in excess of the regular workday or workweek 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 in uniformed assignments shall receive additional compensation equivalent to 1/10th of their regular bi-weekly compensation for each holiday listed in AR~CLE 38.1, and shall have their Paid Leave account reduced by eight (8) hours for each holiday listed in ARTICLE 38.1. Employees in non-uniformed assignments shall have the option of observing the holidays listed in ARTICLE 38 by drawing against their Paid Leave account or working the holiday. There shall be no additional compensation when an employee elects to work a holiday. Employees eligible for bereavement leave as set forth in AR'I-~CLE 37 -- BEREAVEMENT LEAVE of the Memorandum of Understanding with a regular workday of nine (9)_hours shall be paid nine (9) hours for each workday of Bereavement Leave. Employees with a regular 101 APA 1/19/01 to 1/13/05 workday of eight and one-half (8.5) hours shall be paid eight and one-half hours (8.5) for each workday of Bereavement Leave. Employees shall have one (1) hour deducted from their accrued Paid Leave, Compensatory 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 Paid Leave, Compensatory time, or Tndustrial Accident Leave for each regularly scheduled working day that they are on leave with pay. 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 Paid Leave, Compensatory time, or Industrial Accident Leave for each regularly scheduled working day that they are on leave with pay. The Nine Plan work schedule including paid meal periods may be revoked at any time by either party upon ninety (90) days written notice to the other party. Return to a work schedule of twenty, eight-hour (8) shifts in a twenty-eight (28) day work period with non- paid meal periods will occur at the beginning of the first work period after the notice of revocation period has been completed. 102 APA 1/19/01 to 1/13/05 APPENDIX "C" 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-hour workdays and two (2) eight hour workdays 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 workday or workweek 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 in uniformed assignments shall receive additional compensation equivalent to 1/10th of their regular bi-eekly compensation for each holiday listed in AR'I'~CLE 38.1, and shall have their Paid Leave account reduced by eight (8) hours for each holiday listed in AR-I'~CLE 38.1. Employees in non-uniformed assignments shall have the option of observing the holidays listed in AR-I~CLE 38 by drawing against their Paid Leave account or working the holiday. There shall be no additional compensation when an employee elects to work a holiday. Employees eligible for bereavement leave as set forth in AR-I-JCLE 37 -- BEREAVEMENT LEAVE of the Memorandum of Understanding with a regular workday of nine (9) hours shall be paid nine (9) hours for each workday of Bereavement Leave. Employees with a regular workday of eight (8) hours shall be paid eight (8) for each workday of Bereavement Leave. 103 APA 1/19/01 to 1/13/05 Employees shall have one (1) hour deducted from their accrued Paid Leave, Compensatory time or ]~ndustrial Accident Leave for each hour of leave taken. Employees with a regular workday of nine (9) hours shall have nine (9) hours deducted from their accrued Paid Leave, Compensatory time or Industrial Accident Leave for each regularly scheduled working day that they are on leave with pay. Employees with a regular work day of eight (8) hours shall have eight (8) hours deducted from their accrued Paid Leave, Compensatory time or l~ndustrial Accident Leave for each regularly scheduled working day that they are on leave with pay. 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 schedule may continue by mutual agreement of both parties. The Trip Reduction Nine Plan work schedule may be revoked by either party upon notice to the other party. 104 APA 1/19/01 to 1/13/05 APPENDIX "C' TEN PLAN ANAHETM 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-hour work shifts in a twenty-eight (28) day work period. The average workweek of such designated employees shall be defined as a forty (40) hour workweek. The workday shall consist of ten (10) hours of work. All breaks and meal periods shall be paid time and shall be included in the workday for all employees working Uniformed assignments. Breaks and meal periods shall be non-paid time and shall not be included in the workday for all other employees. Employees who perform authorized work in excess of the regular workday as defined herein shall be compensated for such work at the rate one and one-half (1 :[/2) times their regular hourly rate of pay. Only employees not working Uniformed assignments shall be eligible for overtime pay for breaks and meal periods not taken due to the duties and responsibilities of the work assignment. Employees in uniformed assignments shall receive additional compensation equivalent to 1/lOth of their regular bi-weekly compensation for each holiday listed in ARTICLE 38.1, and shall have their Paid Leave account reduced by eight (8) hours for each holiday listed in ARTICLE 38.:[. Employees in non-uniformed assignment~ shall have the option of observing the holidays listed in AR-I-~CLE 38 by drawing against their Paid Leave account or working the holiday. There shall be no additional compensation when an employee elects to work a holiday. Employees eligible for bereavement leave as set forth in ARTICLE 37 -- BEREAVEHENT LEAVE of the Memorandum of Understanding shall be paid ten (10) hours for each workday of Bereavement Leave. Employees shall have one (1) hour deducted from their accrued Paid Leave, Compensatory Time, or Tndustrial Accident Leave for each hour of leave taken. 105 APA 1/19/01 to 1/13/05 The Ten Plan work schedule shall be reviewed periodically in accordance with AR'IqCLE 21 -- HOURS OF WORK AND PAY DAY 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. 106 APA 1/19/01 to 1/13/05 APPEN DZX "C" UNI~FORH PATROL TWELVE PLAN ANAHEI:M 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-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 (:[60) hours in each work period. The average workweek for benefit plan purposes only shall be defined as a forty (40) hour workweek. The work day shall consist of twelve and one-half (:[2 :[/2) hours or ten (:[0) hours of work. Two breaks and one (1) one-half hour meal period shall be paid time and shall be included in the workday. Employees who perform authorized work in excess of the regular workday as defined in this Letter of Understanding shall be compensated for such work at the rate of one and one-half (! 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 or her current rate for any positive balance or by deducting from his or her pay for any negative balance. Affected employees may review payroll documents. 107 APA 1/19/01 to 1/13/05 Employees in uniformed assignments shall receive additional compensation equivalent to 1/10th of their regular bi-weekly compensation for each holiday listed in ARTICLE 38.1, and shall have their Paid Leave account reduced by eight (8) hours for each holiday listed in ARTICLE 38.1. Employees eligible for "Immediate family" bereavement leave in accordance with AR'I-~CLE 37.1 shall be granted bereavement leave with pay for up to a maximum of three (3) shifts. Employees eligible for "other family members" bereavement leave in accordance with AR'I~CLE 37.1 shall be granted bereavement leave with pay for up to a maximum of one (1) shift. Employees shall have one (1) hour deducted from their accrued Paid Leave, Compensatory time, or Industrial Accident Leave for each hour of leave taken. Employees with a regular workday of twelve and one-half (12 1/2) hours shall have twelve and one-half (12 1/2) hours deducted from their accrued Paid Leave, Compensatory time, or Industrial Accident Leave for each regularly scheduled working day that they are on leave with pay. Employees with a regular workday of ten (10) hours shall have ten (:LO) hours deducted from their accrued Paid Leave, Compensatory time, or Industrial Accident Leave for each regularly scheduled working day that they are on leave with pay. 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-hour shifts and four (4) eight-and-one-half hour shifts with paid meal periods per twenty-eight (28) day work period (Nine Plan) or a work schedule of twenty (20) eight-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. 108 APA 1/19/01 to 1/13/05 APPENDZX "C' DETENTION FACI'LTTY ALTERNATE WORK SCHEDULE Effective .lanuary 19, 2001 ANAHEIM and the APA agree that employees working in the Detention Facility may be assigned to the Detention Facility Alternate Work Schedule (DFAWS). This alternate work schedule shall not reduce service to the public. ANAHEIM and the APA agree that the regular work schedule for employees assigned by the Chief of Police to the Detention Facility shall be either a 3/12 plan consisting of twelve (12), twelve-and-one-half hour workdays and one (1) ten-hour workday in each work period or a 4/10 plan consisting of sixteen (16) ten-hour workdays in each work period. The DFAWS shall be designed and implemented by management. Each employee shall be assigned to a work period of 28 consecutive calendar days. 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 may be assigned to or from the DFAWS only effective at the beginning of a twenty-eight (28) day work period. Employees who perform authorized work in excess of the regular workday or work period as defined in paragraph 2 above and who are otherwise eligible for overtime pay shall be compensated for such work at the rate of one and one-half times their regular hourly rate of pay. LEAVE PROVISIONS: Employees shall have one (1) hour deducted from their accrued Paid Leave, Compensatory Time, or Industrial Accident Leave for each hour of leave taken. Employees eligible for "Immediate family" bereavement leave in accordance with ARTICLE 37.1 shall be granted bereavement leave with pay for up to a maximum of three (3) shifts. 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 one (1) o shift. The Detention Facility Alternate Work Schedule may continue by mutual agreement of both parties and may be revoked by either party upon written notice to the other party. 109 APA 1/19/01 to 1/13/05 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2001R-20 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 23rd day of January, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None C1'14Y' CLERt~OF THE CITY OF ANAHEIM (SEAL)