HomeMy WebLinkAboutAGMT - MOU Orange County Employees Association (OCEA) (Memorandum of Understanding)Adopted by Resolution No.
EXHIBIT B
ORANGE COUNTY EMPLOYEES
ASSOCIATION (OCEA)
MEMORANDUM OF UNDERSTANDING
ADOPTED: March 13, 2023
EXPIRES: JUNE 3012025
Resolution Number OCEA
TABLE OF CONTENTS
SECTION1: RECOGNITION.................................................................................. 6
SECTION 2: DUES AND BENEFIT DEDUCTIONS
A. Payroll Deductions....................................................................................7
B. Employee Association Dues..................................................................... 7
C. Indemnification......................................................................................... 7
SECTION 3: CITY RIGHTS
Rig hts/Responsibilities................................................................................ 8-9
SECTION 4: NON-DISCRIMINATION..................................................................10
SECTION 5: COMPENSATION PLAN
A. Basic Compensation Plan......................................................................10
B. Advancement within Salary Ranges........................................................10
C. Salary Increases.....................................................................................11
D. Salary Decreases...................................................................................11
E. Adjustment of Salary Ranges.................................................................11
F. Salary and Benefits on Suspension........................................................11
G. Salary Adjustments During Term of MOU.........................................11-12
H. Parity Agreement.....................................................................................12
S
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SECTION 6: SPECIAL PAY PROVISIONS
A. Automobiles and Mileage ...................................... ........ :......................... 12
B. Seniority Bonus....................................................................................... 13
C. Maintenance Worker Merit Program.............................................13
D. Standby Compensation.....................................................................13-14
E. Shift Differential — Public Works ............................ ,.................................. 14
F. Shift Differential — Traffic Services...........................n..............................14
G. Traffic Signal Technician Pay................................................................. 14
H. Class A/B License Pay........................................................................... 14
I. Training Program.................................................................................14-15
J. Uniforms & Equipment/Uniform Allowance ............................................. 16
K. Water Treatment/Water Distribution Pay.....................:..........................16
L. Recertification Reimbursement...............................................................17
M. Deferred Compensation Program..........................................................17
N. Bilingual Compensation...........................:.................................................17
SECTION 7: FRINGE BENEFIT ADMINISTRATION
A. Administration...........................................................................:.................17
B. Selection and Funding............................................................................ 17
C. Changes...................................................................................:...............17
D. Compensatory Time Off (CTO)...............................................................17
SECTION 8: HEALTH, DENTAL, LIFE, AND DISABILITY INSURANCE
A. Health Insurance...............................................................................18-19
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B. Retirement Health Insurance.......................................................................... 19
C. Life Insurance................................................................................... 19-20
D. Disability Insurance Plan....................................................................... 20
SECTION9: RETIREMENT.................................................................................. 20
SECTION 10: HOURS OF WORK..................................................:................ 20-21
HolidayClosures.......................................................................................... 21
SECTION 11: OVERTIME
A. Overtime & Call -Out Pay........................................................................ 22
B. Court Time.........................................................................................22-23
SECTION12: HOLIDAYS................................................................................ 23-24
SECTION13: SICK LEAVE.................................................................................. 24
SECTION 14: VACATION TIME....................................................................... 24-26
SECTION 15: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay ....................................... 26-27
B. Bereavement Leave............................................................................... 27
C. Military Leave of Absence...................................................................... 27
D. Pregnancy Disability Leave of Absence ................................................. 27
E. Family Leave..................................................................................... 28-29
F. Catastrophic Leave.............................................................................28-29
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OCEA
SECTION16: JURY DUTY ........................... ............... :.......................................... 29
SECTION 17: PROBATIONARY PERIODS
A. Appointment Following Probation Period..........................................29-30
B. Objective of Probationary Period............................................................ 30
C. Employee Performance Appraisal........................................................... 30
D. Rejection of Probationary Employee.......................................:................ 30
SECTION 18: LAYOFF PROCEDURES..........................................................30-31
SECTION 19: SAFETY COMMITTEE PROGRAM ......................:........................ 31
SECTION 20: DRUG & SUBSTANCE ABUSE POLICY FOR COMMERCIAL
DRIVER LICENSE HOLDERS
Anti -Drug & Alcohol Policy............................................................................ 31
SECTION 21: ENTIRE MEMORANDUM OF UNDERSTANDING
A. - C. Merger of Negotiations................................................................ 31-32
D. Separability.............................................................................................32
E. Reopener Clause..................................................................................... 32
SECTION 22: TERM OF MEMORANDUM OF UNDERSTANDING .................... 32
SECTION 23: EMERGENCY WAIVER PROVISION ............................................ 32
SECTION 24: RATIFICATION................................................................................ 32
SECTION 25: WORKING GROUPS................................................................. 32-33
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Resolution Number OCEA
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
AND
ORANGE COUNTY EMPLOYEES ASSOCIATION
SECTION 1: RECOGNITION
A. Pursuant to the provisions of Employee -Employer Relations Resolution
5242, as amended, the City of Seal Beach (hereinafter called the "City" and/or
"Employer" and/or "Management" interchangeably) has recognized for the purpose
of this Memorandum of Understanding (MOU), the Seal Beach Chapter of the
Orange County Employees Association (OCEA), an association of employees of
the City of Seal Beach, hereinafter referred to as "Association" representing all full-
time non -safety employees of the City except those employees determined to be
professional, confidential, administrative, management and certain specified
supervisory employees.
B. The City recognizes the Association as the representative of the employees
in the classification and assignments set forth in Section 1 above for the purpose of
meeting its obligations under this MOU, the Meyer-Milias-Brown Act, Government
Code Section 3500 et seq., when City rules, regulations or laws affecting wages,
hours and/or other terms and conditions of employment are amended or changed.
C. The City agrees that the recognized representatives of Association not to
exceed 4 in number shall be entitled to meet and confer with City during said
recognized representatives' normal working hours without suffering any loss in pay
while absent from the duties for such purpose, providing that such time shall not
exceed 2 hours in any 1 week unless agreed to by City. City also agrees that such
representatives may utilize not more than 1 hour per month or 12 hours per year
without suffering any loss in pay for such absence for the purpose of meeting with
employees who are members of Association and/or other officers of Association.
D. The City shall provide a bulletin board in each of the following locations:
Public Works Yard, Administration Building, and Police Department. Such bulletin
boards to be available for the purpose of posting notices pertaining to Association
business only. Association shall not use any other bulletin board within City
facilities.
E. The City recognizes Association's right to appoint or elect representatives to
meet and confer with City's management representatives on salaries, wages, and
terms and conditions of employment. Association agrees to notify City in writing as
to the identity of the representatives and of subsequent appointments, if any.
Association and City agree that employees appointed or elected as Association
representatives shall be required to work full time.
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F. It is recognized and agreed that no Association business and/or meetings
will be conducted and/or attended by employees of City during their respective
hours of duty and work unless specified ,herein.
G. Representatives and/or officers of Association shall not interrupt the work of
any employee of City at any time to conduct business or other matters connected
with Association without prior consent of Management.
H. During the term of this MOU, the City shall provide to the Association, upon
receipt of a written request, a listing of all current employees in this unit, consistent
with the requirements of applicable law. Such listing shall include employee name
and job classification.
I. This MOU shall be effective by and between Management and Association
upon execution by Management and the required number of the duly authorized
recognized representatives of Association.
SECTION 2: DUES AND BENEFIT DEDUCTIONS
A. Payroll Deductions The City shall not be required to make payroll
deductions for any other items or reasons except as specified in this MOU.
Management shall determine in the interest of cost and efficiency as to whether
said deductions shall be on a monthly basis or on each bi-weekly payroll.
Management may require notice from employee of any change or modification in
any payroll deduction authorized in this section of this MOU. Said notice may be
required at least 10 days prior to the effective date of said requested modification or
change. Management agrees that payroll deductions are authorized for purposes
of any employee depositing funds or making payments directly to a credit union
providing that any deduction shall not be less than $5..00 on a monthly basis, or
$2.50 if bi-weekly deductions for such purpose as authorized by Management.
B. Employee Association Dues - City agrees to deduct regular monthly
Association dues from salary or wages of any Association member when
authorized to do so by said City employee in writing in a form satisfactory to City
and to remit such deductions to Association within 15 days after making such
deduction from an employee's salary or wages, and within the terms of the signed
deduction authorization of such City employee. The deduction of such Association
dues and the remittance of same by City to Association shall constitute payment of
said dues of such employee and member of Association.
C. Indemnification - The Association agrees to hold the City harmless and
indemnify the City against any claims, causes of actions, or lawsuits arising out of
the deductions or transmittal of such funds to the Association, except the intentional
failure of the City to transmit to the Association monies deducted from the
employees pursuant to this Section.
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Resolution Number
SECTION 3: CITY RIGHTS
OCEA
A. Rights/Responsibilities -- This City reserves, retains and is vested with
solely and exclusively, all rights of management which have not been expressly
abridged by specific provisions of this MOU or by law to manage the City, as such
rights existed prior to the execution of this MOU. The sole and exclusive rights of
management, as they are not abridged by this Agreement or by law, shall include
but not be limited to, the following rights:
1. To manage the City generally and to determine the issues of policy.
2. To determine the existence or nonexistence of facts which are the
basis of the management decisions.
3. To determine the necessity and organization of any service -or activity
conducted by the City and expand or diminish services.
4. To determine the nature, manner, means and technology and extent
of services to be provided to the public.
5. To determine methods of financing.
6. To determine types of equipment or technology to be used.
7. To determine and/or change the facilities, methods, technology,
means, organizational structure and size and composition of the work force and
allocate and assign work by which the City operations are to be conducted.
8. To determine and change the number of locations, relocations, and
types of operations, processes and materials to be used in carrying out all City
functions including, but not limited to, the right' to contract for or subcontract any
work or operation of the City.
9. To assign work to and schedule employees in accordance with any
requirements set forth in this MOU, and to establish and change work schedules
and assignments, upon reasonable notice.
10. To layoff employees from duties because of lack of work or funds, or
under conditions where continued work would be ineffective or non-productive.
11. To establish and modify productivity and performance programs and
standards.
12. To discharge, suspend, demote, reprimand, withhold salary increases
and benefits, or otherwise discipline employees for cause.
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13. To determine minimum qualifications, skills, abilities, knowledge,
selection procedures and standards, job classifications and to reclassify employees
in accordance with this MOU and applicable resolution and codes of the City.
14. To hire, transfer, promote and demote employees for non -disciplinary
reasons in accordance with the MOU and applicable resolutions and codes of the
City.
15. To determine policies, procedures and standards for selection,
training and promotion of employees in accordance with this MOU and applicable
resolutions and codes of the City.
16. To establish reasonable employee performance standards including
but not limited to, quality and quantity standards and to require compliance
therewith.
17. To maintain order and efficiency in its facilities and operation.
18. To establish and promulgate and/or modify rules and regulations to
maintain order and safety and which are not in contravention with the Agreement.
1.9. To restrict the activity of an employee organization on municipal
property and on municipal time except as set forth in this MOU.
20. To take any and all necessary action to carry out the mission of the
City in emergencies.
B. Where the City is required to make changes in its operations because of the
requirements of law, whenever the contemplated exercise of City Rights shall
impact the wages, hours and other terms and conditions of employment of the
bargaining unit, the City agrees to meet and confer in good faith with
representatives of the Association regarding the impact of the contemplated
exercise of such rights prior to exercising such rights, unless the matter of the
exercise of such rights is provided for in this MOU.
SECTION 4: NON-DISCRIMINATION
A. The City and the Association agree that they shall not discriminate against
any employee because of race, color, sex, age, national origin, physical handicap,
marital status, political or religious opinions or affiliations or sexual orientation. The
City and the Association shall reopen any provision of this MOU for the purpose of
complying with any final order of the Federal or State agency, or Court of competent
jurisdiction requiring a modification or change in any provision or provisions of this
MOU in compliance with State or Federal anti -discrimination laws.
SECTION 5: COMPENSATION PLAN
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A. Basic Compensation Plan
OCEA
1. All employees covered by this MOU shall be included under the Basic
Compensation Plan. Every classification under this Plan shall be assigned a salary
range adopted by the City Council. The salary schedule shall consist of 5 steps
within each range.
2. The 1st step is a minimum rate and is normally the hiring rate for the
classification. An employee may be assigned, upon appointment, to other than the
normal entering salary step within the assigned range upon the recommendation of
the Department Head and with the approval of the City Manager when it is decided
that such action is in the best interests of the City.
3. The 2nd step, B step, is a merit adjustment which may be given at the
end of the probationary period subject to the recommendation of the Department
Head and with the approval of the City Manager.
4. The 3rd, 4th and 5th steps are merit adjustments to encourage an
employee to improve his work and to recognize increased skill on the job.
Employees are normally eligible for these adjustments at any time after the
completion of 1 year of service at the preceding }step. Each adjustment shall be
made subject to the recommendation of the Department Head and with the
approval of the City Manager.
B. Advancement within Salary Ranges
1. In order to properly compensate an employee, advancement in salary
shall be based on merit.
2. Advancement in salary shall not be automatic, but shall depend upon
increased service value of the employee to the. City.
3. The Department Head and/or the employee's immediate supervisor
shall be responsible to evaluate an employee fairly in an unbiased fashion for the
determination of job performance. Advancement shall be made only upon
recommendation of the Department Head and with the approval of the City
Manager.
4. An employee should be reviewed at least once every 12 months from
the effective date of his last performance evaluation, special performance
advancement or promotion. Nothing contained herein shall restrict the Department
Head from denying the increase after evaluation, nor shall it prevent him from
recommending special performance advancement in salary at any time when
unusual or outstanding achievement has been demonstrated.
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C. Salary Increases
OCEA
1. Promotional Appointment - When an employee is promoted to a
position with a higher salary range, the employee shall be compensated at a step of
the salary range assigned to the new position that is closest to providing a 5%
salary increase over the base salary received immediately prior to promotion.
2. Temporary Appointment - City agrees that employees assigned, in an
acting capacity, to a higher classification than the employees' present classification
for a period of not less than 80 consecutive working hours shall be entitled to
temporary appointment pay. In addition, employees who are assigned by the
department director in writing to regularly scheduled acting assignments of less
than 80 hours shall also be entitled to temporary appointment pay. Temporary
appointment pay will be retroactive to the 1 st hour served in the higher classification
and shall be paid at a rate equal to the first step of the higher classification but in no
event shall temporary appointment pay be less than 5% more of the employee's
current rate.
D. Salary Decreases - In the case of a demotion of an employee to a
classification with a lower maximum salary, such employee shall be assigned to the
appropriate salary step in the new classification as recommended by the
Department Head with the approval of the City Manager. The employee shall
retain his previous anniversary date.
E. Ad"ustments of Salary Ranges - When a salary range for a given
classification is revised upward or downward, the incumbents of positions and
classifications affected shall have their existing salary adjusted to the same step in
the new salary range and their anniversary date shall not be changed.
F. Salary and Benefits on Suspension - During suspension from the City
service for disciplinary cause, an employee shall forfeit all rights, privileges and
salary, except he shall not forfeit his medical health plans, including dental,
retirement plan, disability insurance or life insurance. Should such suspension be
later modified or revoked, the employee shall be entitled to receive payment for loss
of income and benefits during the period of suspension.
G. Salary Adjustments During Term of Memorandum Of Understanding
1. The salary schedule for each position classification affected is hereby
determined and established upon adoption by City Council. Salary increases are
as follows:
Upon adoption by City Council - Employees shall receive a
2.5% cost of living adjustment retroactive to the first full pay
period in July 2022.
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First pay period on or following July 1, 2023 — Employees shall
receive a 2% cost of living adjustment.
First pay period on or following July 1 2024 — Employees shall
receive a 2% cost of living adjustment.
OCEA Classifications
Grade
Job Classifications
8
Community Services Officer
8
Maintenance Worker
8
Recreation Specialist
12
Senior Community Services Officer
12
Senior Maintenance Worker
12
Water Operator
15
Police Recruit
16
Senior Water Operator
18
Police Civilian Investigator
19
j Electrician
OCEA
Y
2. If the Management representative is of the sole opinion that
recruitment, retention or other reasons necessitate other upward salary
adjustments, Management representative will meet and confer with Association on
position classifications specified by the Management representative or Association.
Management representative may make additional recommendations to the City
Council.
3. For any and all position classifications not listed in this section, said
classifications not having personnel employed by City, salary adjustment, if any,
may be recommended by Management without further consultation or approval of
Association.
H. Parity Agreement — During the term of this agreement, if one or more
bargaining units receives salary adjustments greater than those afforded to OCEA,
the City agrees to provide additional salary adjustments to OCEA represented
classifications as applicable.
SECTION 6: SPECIAL PAY PROVISIONS
A. Automobiles and Mileage - Employees covered by this MOU, utilizing their
privately -owned automobiles for City business on a non -regular basis, shall be
entitled to reimbursement for costs incurred at the rate established by the Internal
Revenue Service (IRS).
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Resolution Number OCEA
B. Seniority . Bonus - Employees who have achieved ten years of
uninterrupted employment with the City shall receive a 5% increase in base salary
effective on the payroll period following the 10th anniversary of their employment.
C. Maintenance Worker Merit Program — Under the provisions of this
program, all Maintenance Worker employees will become eligible to "promote" to
the classification of Senior Maintenance Worker providing the following conditions
have been met:
1. The employee must have reached "E" step in the classification of
Maintenance Worker.
2. The employee must have served in the capacity of Maintenance
Worker "E" step for a minimum period of twelve months. i
3.. Employee must have been rated satisfactory on most recent
performance evaluation.
Any vacancies in the Maintenance Worker or Senior Maintenance Worker work
force will be recruited at the Maintenance Worker level.
D. Standby Compensation
1. Public Works MaintenanceMater Division- Each employee - who is
assigned to standby duty will be compensated for 2 hours at a rate of time and
one-half for each weekday of duty and 5 hours at a rate of time and one-half for
standby duty on Saturday or Sunday or holidays. The assignment to standby
duty will be rotated among all department personnel.
2. No compensation will be provided to additional personnel serving as
"backup" to the regularly scheduled Maintenance or Water person assigned to
standby duty.
3. Employees .on standby duty who are called out will be compensated
in accordance with Section 11.
4. Employees assigned to standby duty are required to respond to all
emergencies on a 24 hour basis.
5. An employee assigned to standby duty and regularly assigned to Public
Works — Maintenance shall respond to calls for emergencies within City limits not
related to the water system. The employee on standby for Water shall act as
back up personnel only for such Maintenance emergencies.
6. An employee assigned to standby and regularly assigned to the Water
department shall respond to calls for emergencies related to the City's water
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system. The employee on standby for Public Works — Maintenance shall act as
backup personnel only for such Water emergencies.
7. Personnel assigned to standby duty are required to carry with them or
have nearby, a portable communication device during all non -regular working hours
and also must confine their activities to the extent that they remain within 20
minutes driving time of the City of Seal Beach at all times. In addition, standby
personnel will be required to have in their possession a current roster listing each
employee in the Public Works Department with their telephone number.
E. Shift Differential — Public Works - City agrees that employees in the Public
Works Department who are assigned duties between the hours of 4:00 a.m. and
6`30 a.m. shall be paid at a rate of time and one-half for time worked during that
period.
F. Shift Differential — Traffic Services — City agrees that employees assigned
to Traffic Services in the Police Department who perform parking enforcement
duties for 4 or more hours between the hours of 6 p.m. and 6 a.m. shall receive a
shift differential of $100 per pay period.
G. Traffic Signal Technician Pay - Each employee in the Public Works
Department in the classification of Electrician who has a Level 2 Traffic Signal
Technician Certificate from the International Municipal Signal Association will be
entitled to receive $30 per payroll period.
H. Class AIB License Pay - Each full-time employee in the Public Works
Department required by the City to maintain a Class A or B license for the
performance of their work, will be entitled to receive $30 per payroll period. The
Public Works Director or his designee will notify Personnel Office of eligible
employees.
Training Programs
1. Required Training An employee who is required by his or her
Department Head to attend a specified off-duty training course, shall, upon
submission of receipts, receive reimbursement for the following: transportation cost
where appropriate, cost of books, course registration and related expenses directly
necessary for the successful completion of the course. If required training is
necessary beyond the normal workday, workweek or work period, the employee
shall be entitled to pay computed at the regular base hourly rate or overtime hourly
rate, as applicable under the MOU, or compensatory time off subject to budget
limitations, departmental rules and regulations, and Section 7-D of this MOU.
2. Desirable Training - Desirable training is defined as an off-duty
instruction that will be mutually and immediately beneficial to the employee and the
City. Prior to enrolling in a class for desirable training, an employee wishing
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reimbursement for his or her expenses shall obtain the approval of the City
Manager as to course content and its relationship to the employee's employment
with the City as well as the recommendation of the Department Head. This
approval is at the sole discretion of the City Manager. In the event the City
Manager approves such request and the employee has received a grade of "C" or
better or its equivalent grade point upon completion of the course, the employee
shall submit a copy of the official transcript and a receipt for the tuition fee to the
Personnel Office. Upon approval by the City Manager, the employee shall then be
reimbursed for the cost of tuition and books in accordance with the tuition
reimbursement policy adopted by the City. Employee shall not be entitled to either
compensated overtime or compensatory time off for participating in desirable
training or off-duty instruction.
3. Employees attending accredited community colleges, universities,
and trade schools for the purpose of obtaining a higher education degree may
apply for reimbursement of tuition, books, student fees and parking.
Reimbursement is capped each calendar year at the tuition rate of the Cal State
University system for up to 2 semesters of full-time, undergraduate enrollment
each calendar year.
4. Reimbursement is contingent upon the -successful completion of the
course. Successful completion means a grade of "C" or better for undergraduate
courses and a grade of "B" or better for graduate courses. All claims for tuition
reimbursement require prior approval and are subject to verification and approval
by the City Manager.
Example: Employee A attends California State University, Long Beach,
for the Spring 2023 semester and completes 2 (3 -unit)
undergraduate courses with a grade of "C" or better. The
tuition reimbursement would be calculated as follows:
2022/2023 State University Tuition $1,665.00 (0-6 units)
Required University Fees $ 546.00 (approx.)
Parking $ 250.00
Books $ 300.00 (approx.)
TOTAL $2,767.00
5. Traininq Conferences and Seminars - Approval for employees
attending conferences and seminars is at the sole discretion of the Department
Head and the City Manager. Prior to enrolling in a seminar or conference, an
employee wishing reimbursement for his or her expenses shall obtain the approval
of the Department Head and the City Manager. Once approvals are given, those
employees will be reimbursed for allowable expenses per City Policy #300-10.
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J. Uniforms & Equipment/Uniform Allowance
1. Public Works Department Employees - Each employee of the
Department of Public Works, except clerical, engineering and related classifications
as determined by the City Manager, shall be entitled to uniform service. The City
shall pay the total cost of renting and laundering uniforms (designated by the
Department Head) for each eligible employee. For Classic Members, up to $10.00
per pay period will be reportable to CalPERS.
2. Police Department Employees (Non -Sworn Members) - Each non -
sworn employee of the Police Department assigned to wear a uniform as a
condition of employment shall be entitled to a sum of $40 per payroll period. *In
addition, new employees of non -sworn status in the Police Department shall
receive initial uniforms as determined by the Chief of Police. Each non -sworn
employee of the Police Department NOT required to wear a uniform as a condition
of employment shall not receive a uniform allowance. Should conditions of
employment change and those classifications are required to wear a uniform, the
$40 per payroll period uniform allowance shall be reinstated.
3. Safety Shoes- City agrees to provide acceptable safety shoes at a
maximum of $250 per calendar year for authorized employees as designated by
their Department Head. Any remaining funds from the allotted safety shoe
allowance may be used to purchase shoe related items (shoe inserts, socks,
shoelaces). City recommends employees purchase OSHA certified footwear.
4. Safety Shoes Public Works — Public Works employees may
purchase an additional pair of safety shoes and/or shoe related items of
up to $250 each calendar year with prior written approval from the Public
Works Director.
K. Water TreatmentlWater Distribution/Backflow Prevention Pay —
Each Public Works Employee in the classification of Senior Water Operator or
Water Operator who has received a Grade II Water Treatment Operator Certificate
from the California Department of Health Services or Grade II Water Distribution
Operator Certificate from the American Water Works Association will be entitled to
receive a one-time $100.00.
Each Public Works Employee in the classification of Senior Water Operator or
Water Operator who has received a Grade III Water Treatment Operator Certificate
from the California Department of Health Services or Grade III Water Distribution
Operator Certificate from the American Water Works Association will be entitled to
receive $30 per payroll period.
Each Public Works employee required to hold a backflow prevention device tester
certificate will be entitled to a one-time $100.00.
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L. Recertification Reimbursement - City to reimburse employees for required
water re -certification.
M. Deferred Compensation Program - The City shall contribute 1% of base
salary per pay period into a tax -qualified deferred compensation program for
eligible employees.
N. Bilingual Compensation
1. Upon the recommendation of a department director, the City
Manager may award a bilingual compensation bonus of $52.50 per payroll period to
those employees in positions determined to require bilingual skills.
2. The City Manager shall require the taking of competency tests to
certify the employee as eligible for bilingual compensation based on employee's
proficiency in speaking the language determined to be required. Such certification
shall be a condition precedent to qualifying for bilingual pay.
SECTION 7: FRINGE BENEFIT ADMINISTRATION
A. Administration - The City reserves the right to select, change, administer or
fund any fringe benefit programs involving insurance that now exists or may exist in
the future during the term of this MOU.
B. Selection and Funding - In the administration of fringe benefit programs
involving insurance, the City shall have the right to select any insurance carrier or
other method providing coverage to fund the benefits provided hereinafter during
the term of this MOU.
C. Changes - The City shall notify the Association prior to any change of
insurance carrier or method of funding coverage for any fringe benefits provided
hereinafter during the term of this MOU. No changes in insurance carrier or
methods of funding coverage shall result in the reduction of any benefits to any
employee covered by this agreement, irrespective of the carrier or plan in effect
from time to time. Within the term of this agreement, the City may provide
alternative health plans.
D. Compensatory Time Off (CTO) - The maximum (cap) for banked CTO is
160 hours. CTO earned in excess of 160 hours will be paid as overtime during the
pay period accrued.
SECTION 8: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY
INSURANCE
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A. Health Insurance Coverage
OCEA
1. The City shall contribute to the cost of medical coverage for each
eligible employee and his/her dependents, an amount not to exceed the California
Public Employees' Medical and Hospital Care Act (PEMHCA) minimum
contribution. For calendar year 2023, CalPERS has established the minimum
PEMHCA contribution at $ 151 per month per employee.
2. The City shall contribute an equal amount towards the cost of medical
coverage under PEMHCA for both active eligible employees and eligible retirees.
3. The City shall implement a full flex cafeteria plan for eligible
employees in accordance with the criteria provided to the Association during
negotiations. For employees participating in the City's cafeteria plan, each
employee shall receive a monthly flex dollar allowance to be used for the purchase
of benefits under the cafeteria plan. Beginning on or after January 1, 2023, the
monthly flex dollar amount shall be:
For Employees only
$ 1,053.52/month
For Employee and 1 dependent
$ 1;628.04/month
For Employee and 2 or more dependents
$ 2,105.37/month
4. A portion of the monthly flex dollar allowance is identified as the City's
contribution towards PEMHCA. Thus, for example, in calendar 2023, an
employee's monthly flex dollar allowance is $ 1,053.82. Of that amount, $151 has
been designated by the City as its required PEMHCA contribution to CalPERS.
The monthly flex dollar allowance may only be used in accordance with the terms of
the full flex cafeteria plan.
5. Every January 1St during the term of this agreement, the City shall
increase the contribution amounts above by the percentage of increase for basic
plans published by CalPERS which sets health insurance premiums for the
coverage year.
6. Employees meeting the waiver criteria and electing to waive
enrollment in the City's cafeteria plan are eligible to receive $350 per month
beginning January 1, 2017 (upon showing proof of medical insurance coverage
under an alternative plan). Election forms are available in Human Resources.
7. Full-time employees covered by this MOU who have completed 30
days of uninterrupted service shall be enrolled in the full flex cafeteria plan on the
first day of the next succeeding month.
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Resolution Number OCEA
8. Employees who change classification from full-time to part-time
provisional, hourly or seasonal shall not be eligible for participation in the full flex
cafeteria plan.
9. City shall not contribute a dollar amount for any employee during any
month the employee is on leave of absence without pay or who is absent from
regular duties without authorization, for a full calendar month. City shall contribute
to the cafeteria plan for eligible employees receiving temporary payments from
Workers' Compensation Insurance.
B. Retirement Health Insurance
1. Employees covered by this Agreement shall have the option, upon
retirement, to continue participation in the City's health insurance program at the
employee's expense.
2. Employees covered by this Agreement who were hired before April
13, 2009 by the City, have 20 or more combined years of employment with the
City, have reached 55 years of age, and retire after December 31, 2010, shall be
provided with individual medical insurance coverage capped at the rate of Kaiser
HMO. If said employee has 30 or more combined years of employment with the
City upon retirement, eligible dependent medical insurance coverage shall also
be provided capped at the rate of Kaiser HMO which is in effect at the time of
retirement. A portion of the payment for retiree or retiree and dependents
medical insurance is identified as the City's contribution towards PEMHCA3.
Employees hired by the City on or after April 13, 2009 and retire after December
31, 2010, the City shall contribute to the cost of medical coverage for each
eligible retiree and dependents, an amount not to exceed the California Public
Employees' Medical and Hospital Care Act (PEMHCA) minimum contribution.
4. In all cases, the City's contribution for eligible dependent coverage
for retirees shall terminate with the death of the retiree.
5. In the event an eligible retired employee resides in an area where
the health plans provided by the City are not in effect, that retired employee shall
be entitled to receive in cash each month an amount equal to the City flex
contribution at time of retirement.
C. Life Insurance
1. Management agrees to provide a group term life insurance plan
providing life insurance coverage of $50,000 for each full-time classified non -safety
employee represented by the Association, a double indemnity accidental death
benefit, and a dependent death benefit in the amount of $1,000 per dependent.
2. Said insurance shall become effective after the employee has
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Resolution Number OCEA
completed 30 days of uninterrupted service with said employee to be enrolled in the
program on the first day of the next succeeding month. I
D. Disability Insurance Plan
1. The City shall provide a group insurance plan for income continuation
for eligible employees. Said insurance to provide an income continuation of
66.67% of the employee's monthly salary, up to a maximum of $5,000 per month,
for a period of time not to exceed the length of injury or illness, up to the age of
retirement as designated by the Social Security Administration.
2. Said insurance shall become effective after the employee has
completed 30 days of uninterrupted service with said employee to be enrolled in the
program on the first day of the next succeeding month.
SECTION 9: RETIREMENT
A. The retirement program provided by the City shall consist of a pooled Public
Employee's Retirement System (PERS) plan, which includes the following
Government Code provisions:
Section 20042 - One Year final compensation (Single Highest Year)
Section 20965 - Credit for unused sick leave
Section 21024 - Military'Service Credit
Section 21573 — 3rd Level of 1959 Survivor Benefits
Section 21251.32 — 2% @ 55
B. The employees shall pay the full 7% of their CalPERS required contribution
of their compensation earnable.
C. New employees/members hired on or after January 1, 2013 as defined by
The Public Employees' Pension Reform Act (PEPRA) will be hired at the retirement
formula in accordance with PEPRA and other legislation.
SECTION 10: HOURS OF WORK
A. Prior to implementing a change in work schedule for the Public Works
Department from the 4 day schedule, Orange County Employees Association will
be notified. Upon request, the City will meet and confer with the Association on the
impact of any scheduled change.
B. At the discretion of the Department Head: Community Services Officer and
Senior Community Services Officer positions may be scheduled in shifts of 9 -hour 4
days each week and one additional 8 hour day on alternate weeks, referred to as
the 9/80 plan, or may be scheduled in shifts of 10 -hour 4 days each week, referred
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Resolution Number OCEA
to as the 4/10 plan. Additionally, other non -sworn positions may be scheduled on
the 5/8 plan to accommodate training sessions. At the discretion of the Department
Head., Public Works Beach Division employees may be scheduled on a 5/8 work
shift from May through September.
C. Holiday Closures
1. The City Manager may designate up to 5 specific holiday closure
work days in each calendar year between Christmas Day and New Year's Day
during which employees may be required to take time off, charged to leave without
pay, the employee's accumulated compensatory time, vacation, floating holidays, or
a combination thereof, as determined by the affected employee. The days must be
consecutive for the employee, but may differ between employees. Employees who
do not have sufficient accumulated time off in their account to cover the required
time off may request, and will be granted, sufficient advance on their vacation
accrual to cover the uncovered balance. This advance will be recovered with the
next vacation accruals earned by the employee. Time off of work under this
provision shall .not be deemed a .layoff.
V 2. If an employee is required to work on a City Manager designated
holiday closure work day, the employee will receive pay computed -at time and one-
half employees' basic hourly rate for the number of hours actually worked.
Example: Employee A normally works a 10 -hour day, 4 days per week, and
is required to work 4 hours on a City Manager designated holiday
closure work day on December 28, 2016. Employee A would
earn pay computed as follows:
Hours Pay Rate
4 hours work pay Regular base hourly rate or overtime
hourly rate, as applicable under MOU
6 hours leave time Compensatory time, vacation, floating
holiday, or combination thereof
4
3.. All General Unit Orange County Employees Association members
shall be granted 1/2 hour paid release time to attend quarterly Association meetings
and 2 additional 1/2 hour for meetings to be called at the discretion of the
Association. Such release time shall be taken in conjunction with the employees
regularly scheduled lunch and shall be approved only after a minimum of 10 days'
notice has been given to the City.
5. - Police Department Employees are excluded from Section 10C.
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Resolution Number OCEA
SECTION 11: OVERTIME
A. Overtime and Call -Out Pay
1. If work beyond normal workday, workweek or work period is required,
the employee who may be asked to perform such overtime shall be notified of the
apparent need for such overtime as soon as practicable prior to when the overtime
is expected to begin.
2. If the responsible supervisor determines that overtime is necessary
on work started on an assigned shift, the assigned employee(s) may continue with
that work as an extension of their assigned shift.
3. Call out and overtime pay shall be paid at the rate of time and one-
half the hourly rate. Minimum "call out" time (when returning to work) shall be 2
hours.
4. Overtime will be computed by dividing the employee's regular
monthly salary by 173.3 to arrive at an hourly wage, and the hourly wage is then
multiplied by 1.5 times the actual overtime worked to determine the overtime pay.
Paid overtime for the payroll period is to be submitted and computed with the
regular payroll.
5. Notwithstanding any provision of this Section, employee shall be
entitled to select either compensated overtime or compensatory time off subject to
budget limitations, departmental rules and regulations, and Section 7 - D of this
MOu.
B. Court Time
1. All eligible employees called for a subpoenaed court appearance
which arises out of the course of employment and not contiguous with the
employee's work shift shall be compensated for a minimum of 2% hours at the rate
of 1'/ times the employee's regular hourly rate of pay. Should the appearance
exceed 2% hours, the employee shall receive pay for the actual appearance time,
excluded court designated lunch period, at the rate of 1'/ times the employee's
regular hourly rate of pay. Court appearance time shall begin when the employee
departs from the Police- Station to go directly to court.
2. Any appearance that is contiguous with a regular work shift is not
subject to the 2% minimum.
3. All employees agree to comply with "on-call" policies administered by
their department. Should an eligible employee be placed "on-call" during off duty
hours for court appearance(s), he shall be granted 2 hours pay at the employee's
straight time hourly rate for any on call time prior to 12:00 noon and 2 hours for all
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Resolution Number
on call time after the hour of 12:00 noon.
SECTION 12: HOLIDAYS
OCEA
A. The City agrees to grant all full time employees a full shift pay for each
holiday recognized by City. Every full-time employee of the City shall be granted
the following holidays with pay:
Holiday
Date
New Year's Day
January 1St
Martin Luther King Day
3rd Monday in January
President's Day
3rd Monday in February
Memorial Day
Last Monday in May
Independence Day
July 4th
Labor Day
First Monday in September
Veteran's Day
November 11th
Thanksgiving Day
Fourth Thursday in November
Calendar day following Thanksgiving Day
Christmas Eve
December 24th
Christmas Day
December 25th
Floating Holidays (2)
(discretion of employee)
Total of 12 holidays annually
*Floating Holidays must be taken during each fiscal year (July 9st through June
30th). Floating holidays must be approved in advance by the Department Head.
B. When a holiday falls on a Sunday, the next day shall be observed as a
holiday. When a holiday falls on a Saturday, the preceding day shall be observed
as a holiday.
C. When a holiday falls on a full-time employee's regularly scheduled day off,
the employee shall receive compensatory time off for a full shift in lieu of holiday
pay, in keeping with other provisions of this MOU.
Example #1: Employee A normally works a 9/80 schedule, and a
holiday falls on the employee's Friday off, Employee A
would receive 8 hours of compensatory time off.
Example #2: Employee B normally works a 9/80 schedule, and a
holiday falls on a Monday, Tuesday, Wednesday, or
Thursday, Employee B would receive 9 hours of
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Resolution Number
compensatory time off.
Example #3: Employee C normally works a 4/10 schedule, and a
holiday falls on a Monday, Tuesday, Wednesday,
Thursday, or Friday, Employee C would receive 10
hours of compensatory time off.
OCEA
D. An employee who is required to work on a holiday shall receive pay
computed at 1 Y2 times the employees' basic hourly rate for the number of hours
actually worked.
Example: Employee A works 6 hours .on Christmas Day. Employee A
would earn pay computed as follows:
Hours Pay Rate
Full -shift holiday pay base hourly rate
6 hours work pay regular hourly rate or overtime
hourly rate, as applicable under MOU
E. Holidays which fall during an employee's leave time shall not be charged
against the employee's leave time balance.
SECTION 13: SICK LEAVE
A. All full-time employees covered by this MOU shall accrue sick leave at the
rate of 1 day (8 hour) per month of service. Sick leave may be accumulated up
to and including 520 hours. Except as otherwise provided in this MOU, no
employee shall receive further accruals once the 520 hour maximum is reached.
B. The Department Head may require employees to present proof of illness
for sick leaves in excess of 3 working days.
C. Except as otherwise provided, employees shall not be eligible for any
payment for sick leave balances upon termination.
D. Employees who are on leaves of absence, without pay,, shall not accrue
sick leave hours during said leaves of absence.
E. Sick leave balances may not be used to defer a disability retirement.
SECTION 14: VACATION TIME
A. All full-time employees covered by this MOU, who have passed the
employee probationary period (as defined in the Personnel Rules and
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Resolution Number OCEA
Regulations, Section 6.01) shall be granted a vacation with pay of approximately
80 hours per year up to a maximum of approximately 160 hours per year.
B. All full-time employees, who shall have at least 5 years of continuous
service, shall be entitled to 8 additional hours of vacation per year of full-time
continuous service for each year of service in excess of 5 years up to a
maximum of approximately 160 hours per year.
C. , The vacation accrual schedule is as follows:
Years'
Service
Vacation
Hours
Earned
Maximum Hourly
Accrual Rate / Pay
Period Bi -Weekly
Annual
Vacation
Hours
Maximum
Vacation
Accrual
1
80
3.0769
80
160
2
80
3.0769
80
160
3
80
3.0769
80
160
4
80
3.0769
80
160
5
80
3.0769
80
160
6
88
3.3846
88
200
7
96
3.6923
96
200
8
104
4.0000
104
200
9
112
4.3076
112
200
10
120
4.6153
120
200
11
128
4.9230
128
240
12
136
5.2307
136
240
13
144
5.5384
144
240
14
152
5.8461
152
240
15
160
6.1538
160
240
D. Employees of the City considered as hourly, part-time and/or seasonal
employees shall not be eligible for paid vacation.
E. Employees who are on leaves of absence, without pay, shall not accrue
vacation leave hours during said leaves of absence.
F. All full-time employees shall only be allowed to accrue a maximum of 240
hours of vacation as set forth above. Once this maximum is reached, all further
accruals will cease. Vacation accruals will recommence after the employee has
taken vacation and the employee's accrued hours drop below the maximum. The
maximum can only be exceeded with the approval of the City Manager in writing.
G. An employee who makes a reasonable request (2 weeks prior) for time off and
is denied, causing the employee to meet or exceed the accrual limit in the pay
period for which time off is requested shall be provided the ability to cash out up to
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Resolution Number
40 hours of accrued vacation time.
OCEA
H. Employees are encouraged to use at least the amount of vacation hours
earned each fiscal year. Those employees who have been credited with pre-
existing leave hours are expected to use a portion of the excess as leave time, in
addition to the new vacation hours each year, until the maximum accrual is met.
The City recognizes that a number of long-term employees have accrued
substantially more leave time than shorter -term employees, and that it will likely
take them significantly longer to achieve this goal. It is the intent of this section to
balance the personal interests of the employee with the financial concerns of the
City; as such, significant progress toward reaching the maximum accrual amounts
may be deemed a success.
I. Vacation leave time shall not be approved until such time as it has been
earned, unless prior, special arrangements have been made with the City Manager.
The time at which an employee shall take vacation leave shall be requested by the
employee prior to the start of the vacation leave period. Such vacation leave to be
taken shall be subject to the prior approval of the Department Head, or designee,
subsequent to consideration of the departmental workload and other staffing
considerations, such as but not limited to, the previously approved vacation
schedule of other employees, sick leave and position vacancies.
J. An employee who has completed at least 1 year of continuous service shall,
upon request, receive compensation for up to 80 hours of accrued vacation time
provided that at least 80 hours remain in the employee's vacation bank. Employees
may elect two 40 hour cash outs or a single 80 hour cash out.
SECTION 15: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay
1. Upon the Department Head's recommendation and approval of the
City Manager, an employee may be granted a leave of absence without pay in
cases of an emergency or where such absence would not be contrary to the best
interest of the City, for a period not to exceed 180 working days.
2. Upon written request of the employee, the City Council may grant a
leave of absence, with or without pay, for a period not to exceed 1 year.
3. At the expiration of the approved leave, after notice to return to duty,
the employee shall be reinstated to the position held at the time leave was granted.
Failure on the part of the employee to report promptly at such leave's expiration
and receipt of notice to return to duty shall be cause for discharge.
4. During any authorized leave of absence without pay, an employee
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Resolution Number OCEA
shall not be eligible to accumulate or receive fringe benefits, except an employee
shall receive their monthly flex dollar allowance and the City, as specifically
provided for in this MOU, shall contribute to the employee's disability insurance
plan, and life insurance plan for the first 30 days of leave of absence.
B. Bereavement Leave - The City agrees to provide 40 hours bereavement
leave with pay for death in the immediate family. The bereavement leave shall not
be chargeable to or accumulated as sick time. "Immediate family" is defined as
spouse, registered domestic partner, father, mother, son, daughter, brother, sister,
grandparent, grandchild, step -mother, step -father, mother-in-law, father-in-law,
registered domestic partner -in-law or dependent relative living with the employee.
C. Military Leave of Absence
1. Military leave shall be granted in accordance with the provisions of
Federal and State law. All employees entitled to military leave shall give the
Department Head an opportunity within the limits of military regulations to
determine when such leave shall be taken. Whenever possible, the employee
involved shall notify the Department Head of such leave request 10 working days in
advance of the beginning of the leave.
2. In addition to the provisions of State law, the City shall continue to
provide eligible employees on military leave, the monthly flex dollar allowance
under the cafeteria plan and disability and life insurance and retirement (if
applicable) for the first 3 months of military leave. During said period, the employee
shall be required to pay to the City the amount that exceeds the monthly flex dollar
allowance (if applicable).
3. After the first 3 months of military leave, the employee may continue
said benefits at his cost.
D. Preanancv Disabilitv Leave of Absence
1.. An employee who is disabled due to pregnancy shall be granted a
pregnancy disability leave as provided by the State of California and the Federal
Family Medical Leave Act. The employee may elect to take a lesser period of leave.
2. Disabilities arising out of pregnancy shall be treated the same as
other temporary disabilities in terms of eligibility for, or entitlement to, leave with or
without pay.
E. Family Leave - Upon a demonstration of need and subject to the following
conditions, an employee may take leave or unpaid leave to care for his newborn
infant, whether through parentage or adoption, or to care for a seriously ill or injured
member of the employees "immediate family" as defined in Section 15 B.
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Resolution Number OCEA
1. Proof of the birth or adoption of a newborn infant or the serious
illness/injury of the family member must be submitted to the City.
2. Requests for family leave must be submitted in writing to the
employee's supervisor at the earliest possible date proceeding the time when the
leave is to begin.
3. Operational needs of the City shall be relevant in determinations
regarding the granting of family leave in accordance with the provisions of State
and Federal Family Leave laws.
4. In the event of an extended family leave, the employee may be
required to periodically report on the status of the situation giving rise to the leave.
5. Family leave may be granted only upon the recommendation of the
Department Head and approval of the City Manager consistent with the provisions
of State and Federal Family Leave laws.
F. Catastrophic Leave - The purpose of the Catastrophic Leave Pool is to
enable full time employees to receive and donate vacation, administrative leave,
and CTO leave credits on an hour for hour basis to assist employees who have
no leave and who will suffer a financial hardship due to prolonged illness or injury
to themselves or a member of their immediate family. Sick Leave is excluded
from this program. The following conditions shall apply to Catastrophic Leave:
1. Catastrophic Leave will be available only to employees who have
exhausted their own paid leave through bona fide serious illness or accident.
2. The leave pool shall be administered by the Finance Department.
3. Employees must be in regular full-time appointed positions to be
eligible to receive catastrophic leave.
4. Employees receiving Long -Term Disability payments are excluded
from receiving catastrophic leave under this program.
5. All donations are to be confidential, between the donating employee
and the Finance Department.
6. Employees donating to the pool must have 40 hours of paid leave
available after making a donation.
7. Donating employees must sign an authorization, including specifying
the specific employee to be the recipient of the donation.
8. Donations will be subject to applicable tax laws.
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Resolution Number OCEA
9. The availability of Catastrophic Leave shall not delay or prevent the
City from taking action to medically separate or disability retire an employee.
10. Catastrophic Leave due to illness or injury of an immediate family
member may require medical justification as evidenced by a Physician's Statement
that the presence of the employee is necessary.
11. Catastrophic Leave due to the illness or injury of the employee will
require medical justification as evidenced by a Physician's Statement as to the
employee's condition.
SECTION 16: JURY DUTY COMPENSATION
A. Employees required to report for jury duty shall be granted leaves of
absence for such purpose, upon presentation of jury notice to the Department
Head. Said employees shall receive full payment for the time served on jury
service, provided the employee remits any fees received for such jury service,
excluding payment for mileage, to the City's Finance Department. Compensation
for mileage, subsistence or similar auxiliary allowance shall not be considered as a
fee and shall be returned to the employee by the Finance Department.
B. If the sum of the employee's jury duty responsibilities is less than a full work
day, the employee shall contact his supervisor as to the feasibility of returning to
work that day.
C. Any hours worked beyond the regularly scheduled work day shall be subject
to the workweek and overtime provisions. An employee may request a change in
regularly scheduled working hours to a Monday through Friday day shift for the
duration of such jury duty. Such requests shall be granted if practicable.
SECTION 17: PROBATIONARY PERIODS
A. Aupointment Followinq Probation Period
1. The original appointment and promotional appointment of employees
shall be tentative and subject to a probationary period of 6 months of service.
2. When unusual circumstances merit the extension of the probationary
period, the Department Head shall request, in writing, approval of the City Manager.
Said extension shall not exceed 180 days. The Personnel Office shall notify the
Department Head and the probationer concerned no -less -than 2 weeks prior to the
termination of any probationary period.
3. If the service of a probationary employee has been satisfactory, the
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Resolution Number OCEA
Department Head shall file with the Personnel Office a statement, in writing, that the
retention of the employee is desired. No actions changing an employee's status
from probationary to regular full-time shall be made or become effective until
approved by the City Manager.
B. Objective of Probationary Period - The probationary period shall be
regarded as a part of the testing process and shall be utilized for closely observing
the employee's work, for securing the most effective adjustment of a new employee
to his position, and for rejecting any probationary employee whose performance
does not meet the required standards of work.
C. Employee Performance Appraisal
1. Each probationary employee shall have his performance evaluated at
the end of each 3 months of service or at a more frequent interval when deemed
necessary by the Department Head. Such evaluation shall be reported in writing
and in the form approved by the Personnel Office.
2. The written appraisal report of an employee's performance evaluation
shall be filed in the Personnel Office and made a part of the employee's personnel
records, with one copy to be given to the employee.
D. Reiection of Probationary Employee
1. During the probationary period an employee may be suspended,
demoted, or rejected anytime by the Department Head, with approval of the City
Manager, without cause and without right of appeal, except the right of appeal of
punitive action as may be provided by law. Notification of rejection, in writing, shall
be served on the probationary employee and a copy filed with the Personnel Office.
A termination interview may be conducted with each rejected probationer.
2. An exception will be applied where the probationary employee's job
termination or dismissal is based on charges of misconduct, which stigmatizes his
reputation or seriously impairs his opportunity to earn a living, or which might
seriously damage his standing and association in the community. Where there is
such a deprivation of a "liberty interest", the employee shall be given pre -
disciplinary procedural due process as defined in the City of Seal Beach Personnel
Rules and Regulations and this MOU. Prior to the disciplinary action becoming
final, the employee must be notified of his right to the appeal procedure as outlined
in the Rules and Regulations.
SECTION 18: LAYOFF PROCEDURES
A. The appointing authority may lay off employees or demote employees in lieu
of layoff subject to Section II - TERMINATION of the City's Personnel Rules and
Regulations.
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Resolution Number OCEA
B. Notwithstanding Section II of the City of Seal Beach Personnel Rules and
Regulations, the City agrees to apply the following as part of the definition of
seniority in layoffs.
C. Whenever seniority is equal, the seniority of the employee shall be
determined first by examining continuous service within the affected
classification and if not determinative, then by position on the employment list.
SECTION 19: SAFETY COMMITTEE PROGRAM
A Citywide Safety Committee Program will be implemented; an employee
representing each department will participate and will meet on a quarterly basis.
SECTION 20: DRUG & SUBSTANCE ABUSE POLICY FOR COMMERCIAL
DRIVER'S LICENSE HOLDERS
Anti-Drua & Alcohol Polic
A. Employees of the City of Seal Beach who are required to possess a
commercial driver's license - Class A or B - to operate a City vehicle in the scope
of their employment, or employees who perform safety sensitive functions will be
subject to controlled substance and alcohol testing rules in accordance with
Federal Regulations 49CFR, Parts 382, 391, 392 and 395.
B. This policy reflects the City's compliance with the applicable Federal laws
in conjunction with a commitment to provide a safe environment for its
employees and the public alike. Only covered employee positions and covered
employees performing safety sensitive functions are expected to comply with this
policy. By implementing this policy, the goal is to ensure a drug and alcohol -free
transportation environment and to reduce accidents, injuries and fatalities.
SECTION 21: ENTIRE MEMORANDUM OF UNDERSTANDING
A. Merger of Negotiations - This MOU represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto and
all preliminary negotiations and previous Memorandums of Understanding of
whatsoever kind of nature are merged herein.
B. Notwithstanding the provision of Sub -section A, there exists within the City
certain personnel rules and regulations and department rules and regulations. To
the extent that this MOU does not specifically contradict these personnel rules and
regulations or department rules and regulations or City ordinances, they shall
continue subject to being changed by the City in accordance with the exercise of
City rights under this MOU and applicable state law.
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Resolution Number OCEA
C. Except as provided herein, other terms and conditions of employment, oral
or written, express or implied that are presently enjoyed by employees represented
by the Association shall remain in full force and effect during the entire term of this
MOU unless mutually agreed to the contrary by both parties hereto.
D. Separability - If any, provision of the MOU or the application of such
provision to any person or circumstance shall be held invalid, the remainder of the
MOU or the application of such provision to persons or circumstances other than
those as to which it is held invalid, shall not be affected thereby.
E. Reopener Clause - City and Association agree to reconvene during the
terms of this MOU to discuss retiree benefits, including but not limited to, the
implementation of Health Savings Account (HAS), Health Reimbursement
Arrangement (HRA), or Voluntary Employee Beneficiary Association (VEBA)
programs for employee and retiree medical premiums. .
SECTION 22: TERM OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding shall remain in full force and effect from July
1, 2022 until midnight, June 30, 2025.
SECTION 23: EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as acts of God,
fire, flood, civil disorder, national emergency, or similar circumstances, provisions of
this MOU or the Personnel Rules and Regulations of the City, which prevent the
City's ability to respond to these emergencies, shall be suspended for the duration
of such emergency. After the emergency is over, the Association shall have the
right to meet and confer with the City regarding the impact on employees of the
suspension of these provisions in the MOU and any Personnel Rules and
Regulations.
SECTION 24: RATIFICATION
This MOU is subject to approval and adoption by the City Council and ratification by
the required number of the duly authorized representatives of the Association.
Following such approval and adoption, the MOU shall be implemented by the
appropriate resolutions(s), ordinance(s), or other written action of the City Council.
IN WITNESS HEREOF, the parties have hereto caused this Memorandum of
Understanding to be executed this 13t" day of March 2023.
SECTION 25: WORKING GROUPS
The parties agree to form three working groups to discuss the following items:
short term disability insurance, jail operations, and process for advancement to
senior classification for Water Operators and Community Services Officers. These
32 of 33
Resolution Number
OCEA
working groups shall commence meeting within sixty (60) days following Council
approval of this MOU, unless otherwise agreed to by both parties. In the event the
parties reach an agreement in one or more working groups, such agreement will be
incorporated into the MOU via a side -letter agreement subject to City Council
approval.
CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES:
qzlt�- ��
Patrick Gallegos, Assistant City Manager
ZJiIn&agrarn0,City Manager
Date: .3 / 2-3 1 Za z.3
Date: 03 17--7 12-02-3
ORANGE COUNTY EMPLOYEE ASSOCIATION REPRESENTATIVES:
Aine Eisenhauer
Matthew Prin
33 of 33
Date:
3/2-1/23
Date: 3123/7,
Date:
Date: rS —20 Z3