4. Fourth Level of 1959 Survivor Benefit 21574
5. Pre-Retirement Optional Settlement 2 Death
Benefit
21548
E. CONTRIBUTIONS.
1. Employees hired before December 22, 2012, the full eight percent (8%) cost of the CalPERS member contributions shall be paid by each employee via payroll deduction on a pre-tax basis.
2. Employees hired on or after December 22, 2012, the full seven percent (7%) cost of the CalPERS member contributions shall be paid by each employee via payroll deduction on a pre-tax basis.
3. Employees hired on or after January 1, 2013, shall pay 50% of the normal cost rate for the benefit formula 2% at Age 62 via payroll deduction on a pre- tax basis (Government Code Section 7522.30).
4. 1959 Survivor Benefit. Each employee will pay the empl oyee share required by CalPERS (currently $2.00 per month) and the City will pay the employer costs.
ARTICLE 19 – SOCIAL SECURITY
In the event the City and its employees are required to participate in the Federal Social Security program, the contribution designated by law to be the responsibility of the employee shall be paid in full by the employee and the City shall not be obligated to pay or “pickup” any portion thereof.
T.O.P. M.O.U.
INSURANCE
ARTICLE 20 – MEDICARE
Employees hired by the City on or after April 1, 1986, shall pay the designated employee contribution to participate in the Medicare Program and the City shall be under no obligation to pay or “pickup” any such contributions.
ARTICLE 21 – MEDICAL INSURANCE
A. The City shall provide group medical under the California Public Employees' Medical and Hospital Care Act (PEMHCA).
B. City Contribution. The City shall contribute the following monthly amounts for group medical insurance. Any additional contribution necessary to maintain group medical insurance shall be borne solely by the employee.
1. Persons Hired On or Before June 30, 1999.
Employees
For coverage effective: July 1, 2025
• Employee Only $1,239
• Employee & One Dependent $1,732
• Employee & 2 + Dependents $2,100
For coverage effective: July 1, 2026
• Employee Only $1,314
• Employee & One Dependent $1,832
• Employee & 2 + Dependents $2,250
Retirees
• Retiree Only $126.00
• Retiree & One Dependent $172.00
• Retiree & 2 + Dependents $195.00
2. Persons Hired On or After July 1, 1999.
Employees
For coverage effective: July 1, 2025
• Employee Only $1,239
• Employee & One Dependent $1,732
• Employee & 2 + Dependents $2,100
T.O.P. M.O.U.
For coverage effective July 1, 2026
• Employee Only $1,314
• Employee & One Dependent $1,832
• Employee & 2 + Dependents $2,250
Retirees
The City’s contribution for retirees who were hired on or after July 1, 1999, is determined by the California Public Employees Retirement System (CalPERS) in accordance with Section 22892 of the Public Employees’ Medical and Hospital Care Act ( PEMHCA). The contribution amounts are subject to change each calendar year based on changes to the medical care component of the Consumer Price Index.
• For coverage effective January 1, 2025: $158.00/month per retiree. • For coverage effective January 1, 2026: $162.00/month per retiree. • For coverage effective January 1, 2027: To be determined by CalPERS
C. EXCESS MEDICAL. An employee who selects a health insurance plan which costs less than the City’s maximum monthly contribution may have the difference placed in his/her deferred compensation account, purchase products available through the City’s Cafeteria Plan, or receive a cash payout. For example, an employee with no dependents is entitled to a maximum monthly contribution of $1,239.00 per month. If he/she has a health insurance plan which costs $ 628.63 per month the employee is entitled to $610.37 per month in excess medical.
D. WAIVER OF MEDICAL INSURANCE.
1. An employee may elect to not be covered by a City group medical insurance plan if he/she provides proof of coverage from another group medical insurance source.
The City may require proof of coverage at any time.
2. An eligible employee may elect to have the City’s monthly contribution applied to his/her deferred compensation account, the purchase of products offered through the Cafeteria Plan, and/or receive a cash payout.
The City contributions shall be $753.00 per month.
E. SERVICE RETIREMENT ACCOUNT (SRA). In addition to the Contribution pursuant to the CalPERS contract, employees hired on or after July 1, 1999, will be allowed to bank accrued sick leave time for use upon Retirement from Service, into a Service Retirement Account to defer out -of-pocket expenses for purchasing group medical insurance under the City’s program. The City will participate in the SRA by matching the employee contribution on a two-for-one (2:1) basis.
T.O.P. M.O.U.
1. SRAs are not subject to fellow employee donations of sick leave or any other leave provisions. However, the SRA will be coordinated with the City’s Sick Leave Buyback program.
2. To be eligible, an employee must have a sick leave balance of at least 480 hours, and must maintain at least 480 hours of sick leave after making such deposit.
3. An eligible employee may place up to one- half of any unused portion of his/her annual sick leave accrual into the SRA, with the City matching contribution of two- to-one (2:1). This provision will be coordinated with the Sick Leave buyback provision, thereby limiting buyback and SRA deposits to one- half of any unused portion of their annual sick leave accrual.
4. The SRA is not subject to bearing interest. Eligible employee deposits and the City’s matching contributions are flat deposits.
5. Sick leave placed in the SRA will be converted into cash at the employee’s base pay rate and thus will no longer be available as sick leave once deposited in the SRA.
6. The donor employee shall have two options for withdrawal of funds:
a. At the option of the employee, upon retirement from service, the SRA will be paid at the then hourly rate for the depositor. This shall include the employee contribution as well as the City’s matching portion, which will be used to offset/defer costs associated with purchasing group medical insurance plans during retirement.
b. The employee may, at any time, withdraw hours from the SRA to convert to cash, and will be paid at the base pay rate in effect when the original deposit was made. An employee making an early withdrawal from the SRA, shall not be entitled to any of the City’s matching contribution, and shall lose that equal portion of the matching contribution as was withdrawn, i.e., two-to-one.
7. In the event that a participating employee separates from employment on other than a Retirement from Service (Service Retirement or Disability Retirement), the City shall payoff only the employee’s portion of the contributions made to the SRA, at the base pay rate for each deposit, and shall not be entitled to any of the City’s matching contribution.
8. In the event the SRA survives an active employee, or a retired employee, the City will pay off the balance of the employee’s contribution to the survivor of record.
Payment will be at the then- current base pay rate for the active employee and/or at the base pay rate of withdrawal for retired employee, including the City’s matching contribution.
T.O.P. M.O.U.
9. The City reserves and retains the right to hear and make determinations regarding any disputes caused by this provision of the MOU. Determinations shall be made in a manner that no employee shall lose his/her portion of the SRA and the City will not lose its portion of the matching contribution. Any determinations made in hearing a dispute to grant the City’s portion of the matching contribution will be made on a case by case basis, and will not be determined to be a past practice or official policy of the City.
Any person employed by the City prior to July 1, 1999, who is not currently a member of this unit of representation shall enjoy all benefits and rights of those employees hired prior to July 1, 1999, upon later occupying a position within this unit of representation.
10. Effective July 21, 2012, employees not currently enrolled in the SRA program are not eligible to enroll in this program. This program is closed to new enrollees.
ARTICLE 22 – DENTAL INSURANCE
The City shall continue to provide the current dental program for employees and their eligible dependents under the age of 26.
Each employee is responsible for choosing one of the three plans listed below. In the event that no choice is made, the employee will be deemed to have chosen no dental insurance coverage.
Employees may switch plans only during the open enrollment period designated by the City.
Payment of Premiums. Employees shall pay the amounts shown. Any additional amount necessary to maintain group dental insurance shall be paid by the City.
A. 50/50 PLAN. The insurance carrier pays 50% of major expenses (up to a maximum of $2,000 per calendar year) and the employee pays 50%.
Monthly
• Employee Only $3.00
• Employee & 1 Dependent $5.00
• Employee & 2 + Dependents $7.50
B. 80/20 PLAN. The insurance carrier pays 80% of major expenses (up to a maximum of $2,000 per calendar year) and the employee pays 20%.
Monthly
• Employee Only $10.00
• Employee & 1 Dependent $15.00
T.O.P. M.O.U.
• Employee & 2 + Dependents $20.00
C. HMO PLAN. The insurance carrier pays a portion of all services based on the fee schedule. Employees who enroll in this plan do not pay any monthly premium. Each employee is responsible for any co-payment associated with this plan.
ARTICLE 23 – VISION INSURANCE
A. The City shall provide a vision insurance program for employees and their eligible dependents under the age of 26.
B. Each employee is responsible for enrolling in the plan. In the event that no choice is made, the employee will be deemed to have chosen no vision insurance coverage.
C. Effective January 1, 2026, t he City shall contribute $6 monthly for group vision insurance. Any additional contribution necessary to maintain group vision insurance shall be borne solely by the employee.
ARTICLE 24 – LONG TERM DISABILITY INSURANCE
A. The City shall pay the entire premium for a City-owned long-term disability insurance policy affording coverage to each active employee.
B. The policy shall have a benefit waiting period of 60 calendar days of continuous disability. Any time after the expiration of the benefit waiting period, the employee may apply for this insurance and may use accrued leave pursuant to the City’s policy thereon.
C. The maximum benefit for total disability shall be 66 2/3 of the eligible employee’s basic monthly earnings as defined in the policy document, or $10,000 per month, whichever is less.
ARTICLE 25 – LIFE INSURANCE
A. The City shall provide group term life insurance (including accidental death and dismemberment) for each employee (either full-time or part-time) in the amount of one times (1x) the employee’s bas ic annual earnings to a maximum of $150, 000. Each employee, at his/her own expense, may purchase additional life insurance from the insurer through the City.
B. The City shall provide group term life insurance, (including acc idental death and dismemberment) in the amount of $1,500 for each employee’s:
1. legal spouse or registered domestic partner and/or
2. children under the age of 26.
T.O.P. M.O.U.
ARTICLE 26 – CAFETERIA PLAN
A. The City shall provide a full flexible Cafeteria Plan under IRS Code Section 125, to include Premium Only Conversion, Health Care Spending and Dependent Care Accounts.
B. The City and individual participants shall divide the cost of the third- party administration service fee. Service fees are to be paid only by employees enrolled in the Health Care Spending Account and/or Dependent Care Spending Account. There is no service fee for participants in the Premium Only Conversion plan. The service fee may be amended from time to time by the City and the third- party administrator.
The City will consult with employees prior to increasing any deduction from employees for any plan year.
C. The City will utilize any assets remaining in the plan at the end of each plan year to off-set service fees for employees enrolled in either the Health Care Spending Account and/or Dependent Care Spending Account. “Plan year” is as defined in the plan documents. This item is governed by the Cafeteria Plan documents as it relates to Plan Year. Asset utilization to off -set service fees shall be determined no later than June 30 of any subsequent year.
ARTICLE 27 – ADMINISTRATION
A. The City shall have the right to select any insurance carrier or other (including self - insurance) method of providing coverage to fund the benefits included under the terms of this MOU, provided that the benefits of the employees shall be substantially the same as those in existence prior to implementation of this MOU.
B. If, during the term of this MOU, any change of insurance carrier or method of funding for any benefit provided hereunder occurs, the City shall meet with the Association prior to any change of insurance carrier or method of funding the coverage.
C. All group insurance benefits shall be provided and calculated in accordance with the City’s contracts with insurance providers.
T.O.P. M.O.U.
LEAVES
ARTICLE 28 – HOLIDAYS
A. The following dates, and such other days or portions of days as may be designated by motion of the City Council, shall be observed as paid holidays.
Holiday Date
New Year’s Day January 1
Martin Luther King Jr. Day 3rd Monday in January
Washington’s Birthday 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Veteran’s Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Friday following 4th Thursday in November Day before Christmas December 24
Christmas Day December 25
In addition to the above, tw o floating holidays per fiscal year may be earned. These floating holiday s shall be designated by the employee and requires management approval, in advance, before they are taken. New hires must be employed for three months before becoming eligible for the floating holiday. Regular part-time employees shall receive four and one-half hours of pay for each floating holiday.
B. When a holiday occurs on a Saturday, the preceding Friday will be observed instead.
When a holiday occurs on a Sunday, the following Monday will be observed. When a holiday occurs on an off-Friday, the preceding Thursday shall be observed.
C. Holiday Closure. The City shall close the City Hall, City Yard, and Community Center facilities to the public during the holiday period between Christmas Eve and New Year’s Day. During the closure, employees will have the option to use accrued Vacation, Compensatory Time, Administrative Leave, or Floating Holiday. Employees without sufficient accrued leave time to cover the holiday closure may borrow from future vacation accrual.
The City maintains the right to determine the essential services which will still operate during this closure period.
T.O.P. M.O.U.
ARTICLE 29 – VACATION LEAVE
A. ACCRUAL. Vacation shall accrue to each full-time employee at the following rates:
Years of Service Vacation Hours Accrued
Less than 1 year 80 hrs. vacation per year
(6.667 hrs. per month)
Less than 2 years 90 hrs. vacation per year
(7.5 hrs. per month)
Less than 3 years 100 hrs. vacation per year
(8.333 hrs. per month)
Less than 4 years 110 hrs. vacation per year
(9.167 hrs. per month)
Less than 5 years 110 hrs. vacation per year
(9.167 hrs. per month)
5 years to 10 years 120 hrs. vacation per year
(10 hrs. per month)
10 years or more 160 hrs. vacation per year
(13-1/3 hrs. per month)
An employee having a probationary or regular appointment that is less than full -time, but is half -time or more, shall accrue vacation on a prorated basis, based on the employee’s regular (i.e., not overtime) paid hours in each pay period.
B. ACCUMULATION. Accumulation of vacation leave in excess of that earned in two years is prohibited. All vacation leave exceeding the authorized accumulation shall be forfeited.
C. USAGE. Vacation leave taken shall not be in excess of that actually earned at the time the vacation starts.
1. Each employee must take at least 40 hours of vacation each fiscal year.
2. The time during the calendar year at which an employee shall take vacation shall be determined with particular regard for the needs of the service and due regard for the wishes of the employee.
3. In the event one or more municipal holidays falls within a vacation leave, such days shall not be charged as vacation leave, and the vacation leave shall be extended accordingly for employees eligible for such holidays.
T.O.P. M.O.U.
4. Any leave of absence without pay shall not accrue vacation leave for each 30 day period of such leave.
5. No employee shall be entitled to any vacation until completion of six (6) months of continuous service.
6. All usage of vacation and compensation time should be requested and approved by the employee's department head or designee at least two days prior to the start of vacation time.
D. ANNUAL CONVERSION.
1. An employee may elect to convert up to 40 hours of vacation leave into a cash payment at the employee's then- current rate of base pay. To be eligible for this option, the employee must utilize 40 hours of vacation leave in the preceding fiscal year.
2. Notwithstanding the above paragraph, an employee may convert up to a maximum of 80 hours of annual vacation leave into a cash payment as long as the employee has 240 hours, or more, of annual vacation leave “on the books” after the conversion.
E. VACATION PAY AT SEPARATION. Upon separation, an employee will receive compensation at the current rate of base pay for all unused earned vacation, up to and including the date of separation.
1. An employee who separates while serving a probation period in a classification to which the employee has been promoted shall receive vacation pay at separation based on the hourly equivalent of the base pay received immediately prior to promotion, provided the employee has successfully completed a probation period in the classification from which the employee was promoted.
2. An employee who has not completed six (6) months of continuous service shall not receive vacation pay at separation.
F. CONTINUOUS SERVICE . For the purpose of computing years of service, an employee’s continuous service shall be based on the effective date on which the employee received initial probationary appointment in the City service.
ARTICLE 30 – SICK LEAVE
T.O.P. M.O.U.
A. ACCRUAL.
1. Each employee shall accrue sick leave with pay at the rate of eight hours for each full calendar month of continuous service in which the employee has worked or has been on authorized leave of absence with pay
2. Any leave of absence without pay exceeding 15 consecutive days shall result in no accrual of sick leave during the consecutive days of the employee’s leave of absence without pay that is in excess of 15 consecutive days.
B. ACCUMULATION. Sick leave may be accumulated without limit.
C. USAGE.
1. Eligibility for Use of Sick Leave. Sick leave may be taken only when the employee has sick leave credits. An employee shall be eligible to take sick leave after he/she has worked one full calendar month.
2. Sick leave may be granted only with the approval of the department head and only in case of a bona fide illness or medical/dental appointments of the employee. The department head may require a physician’s certificate or other evidence of the adequacy of the reason for the employee’s absence during any period for which sick leave was requested.
3. Sick leave may also be used for a bona fide illness or medical/dental appointments of a family member (spouse, child, brother, sister, mother, father, mother -in-law, father-in-law, grandmother, grandfather) or designated person when the presence of the employee is required up to a maximum of three days per individual situation.
The department head may require a physician’s certificate or other evidence of the adequacy of the reason for the employee’s absence during any period for which sick leave was requested.
A “designated person” is defined as any one person identified by the employee at the time the employee requests paid sick leave. This designation is limited to only one designated person per 12-month period.
4. Maternity leave. The employee shall submit a doctor’s statement approving her fitness to continue working for a specified term. A post -natal release from the doctor must be submitted prior to returning to work.
5. Sick leave shall not be used in lieu of, or added to, vacat ion. Accrued vacation leave shall be used for sickness when all sick leave has been taken.
6. Sick leave during vacation. An employee who becomes ill while on vacation may have such period of illness charged to accumulated sick leave instead of to vacation, provided that immediately upon return to duty, the employee submits to T.O.P. M.O.U.
the department head a written request for sick leave and a written statement signed by the employee’s physician describing the nature and dates of the illness.
7. Limitations. No employee shall be entitled to accrue or to take sick leave with pay while absent from duty for all of the following reasons:
a. Disability or illness arising from compensated employment other than with the City of Buena Park.
b. Leave of absence without pay.
c. Absence because of intoxication or for the purpose of recovering from intoxication.
D. MEDICAL LEAVE OF ABSENCE. Upon written request of the employee and recommendation of the department head, the City Manager may authorize in writing a leave of absence without pay for the purpose of recovering from an illness, provided:
1. The employee has used all accumulated sick leave.
2. The employee has been continuously employed in the City service for at least one year.
3. The employee presents to the department head for referral to and consideration by the City Manager a written explanation of the employee’s illness and an estimate of the time needed for recovery signed by the employee’s physician.
4. Prior to resuming duties, the employee may be required to take a medical examination at the employee’s expense and as prescribed by the City Manager.
The employment record and the results of such examination shall be considered by the City Manager in determining the employee’s fitness to return to work.
5. The maximum period of such leave shall be three calendar months. If the employee desires an extension, the employee shall follow the procedure described in subparagraph 3 above.
E. PENALTY FOR ABUSE. When, in the judgment of the department head, the employee’s reason for being absent because of alleged sickness is inadequate, the department head shall indicate on the payroll form that the absence was without pay.
The department head may recommend to the Ci ty Manager that appropriate disciplinary action be imposed against the employee.
F. ANNUAL BUYBACK PROGRAM.
1. To be eligible an employee must have:
T.O.P. M.O.U.
a. 480 hours of accumulated sick leave as of the first pay period of July of the preceding year, and
b. 480 hours of accumulated sick leave remaining after the cash out.
2. An employee who wishes to participate must file a written request with the Finance Department. This request will apply for the previous fiscal year sick leave accumulation.
3. Participants will be paid for 50% of the hours accrued during the fiscal year. These hours being paid will be deducted from the employee’s sick leave bank. The remaining hours accrued, but not used, will remain in the employee’s sick leave bank. Payment will be based at the employee’s base hourly rate in effect at the time of payment.
G. SICK LEAVE PAY ON SEPARATION. Except as herein provided, no payment shall be granted to an employee for accrued sick leave at the time of separation.
Termination of an employee’s continuous service, except by reason of layoff for lack of work or funds, shall abrogate all sick leave accrued at the time of such separation, regardless of whether the employee subsequently reenters the City service.
Employees appointed on or after September 20, 1982, shall not be eligible for sick leave pay on termination as provided for in this section.
Employees hired on or prior to September 19, 1982, shall be paid for 50% of the value of his/her unused sick leave based on the employee’s rate of base pay at the time of honorable separation or retirement.
Employees may only accrue 120 days (960 hours) of sick leave for the purposes of this section and for the purposes of compensation on separation.
ARTICLE 31 – BEREAVEMENT LEAVE
Whenever an employee who is eligible to receive sick leave is compelled to be absent from duty by reason of the death (or critical illness where death appears imminent) of a family member, the employee shall, upon approval of the department head, be entitled to up to three work days of bereavement leave with pay once per fiscal year. Employees in need of additional time off may charge such absence to the employee's accumulated sick leave to a maximum of five working days for each such incident. Use of such leave shall not count against the sick leave buy back or deposits made to the SRA.
“Family member” is defined as the employee’s or spouse’s:
• Father • Mother
• Grandfather • Grandmother
• Sibling(s) • Child
• Spouse • Grandchildren
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ARTICLE 32 – WORKERS COMPENSATION
A. An employee who is absent from duty because of an on-the-job injury sustained during City employment shall receive his/her normal pay during the first 27 calendar weeks of such accident, provided the employee returns to the City any compensation paid under the provisions of the California Workers’ Compensation Law for the corresponding period of time.
During this maximum 27- week period, an employee so entitled shall continue to receive all forms of compensation he/she would be receiving as if at work. The employee shall also be eligible for consideration for merit pay increases during this period.
B. After this maximum 27-week period, an employee who has not returned to work shall not receive any other form of compensation from the City, including, but not limited to, accrual of vacation and sick leave, holiday pay, special assignment pay, education pay or payment of group insurance premiums. An employee may not use accumulated sick leave or vacation to supplement temporary disability indemnity payments.
ARTICLE 33 – JURY DUTY
No deduction shall be made in the pay of an employee who serves on jury duty if the employee has waived or remitted the jury fee for such jury duty. An employee who serves on jury duty on a scheduled day off shall not be required to remit his/her jury fees for that day. If the employee has not so waived or remitted the jury fee, the employee shall be paid only for the time actually worked in the City position. An employee summoned to jury duty shall immediately notify his/her supervisor in writing. The employee shall remit to the City all fees and allowances payable for jury duty, less reimbursements from the court for meals, travel, or lodging.
ARTICLE 34 – OTHER LEAVES
A. LEAVE WITHOUT PAY. Upon written recommendation of the department head, the City Manager may authorize a leave of absence without pay for a period not to exceed 30 calendar days in a calendar year.
Authorized leaves of absence without pay of 30 calendar days or less, and leaves of absence with pay for any period shall not constitute an interruption of an employee’s continuous service and shall not be deducted in computing total City service.
Authorized leaves of absence without pay in excess of 30 calendar days, unless covered by the Family Medical Leave Act, shall be deducted in computing an employee’s total City service for advancement in salary range and for other purposes specified in this MOU, but shall not serve to interrupt continuous service.
T.O.P. M.O.U.
B. MILITARY LEAVE. An employee having a probationary or regular appointment shall be entitled to such benefits as are provided in the California Military and Veterans Code. An employee requesting military leave shall present a copy of military orders to the department head prior to the beginning of the leave.
Employees who present military orders for active duty status shall continue to receive all forms of compensation he/she would be receiving as if at work for the first 30 days of such absence in any one fiscal year (except weekend drills and/or training).
Weekend drills and/or training are not considered active duty under the Military and Veterans Code and not eligible for salary continuation benefits.
If an employee is called to inactive duty and must report to such duty on days the employee is scheduled to work, the employee must request the time off and use their leave banks for such absence if necessary.
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WORKING CONDITIONS
ARTICLE 35 – PAY PERIODS
A. The City shall utilize the biweekly payroll system. Pay periods shall begin at 12:01 a.m. every other Saturday and end at midnight the second Friday (i.e., 14 calendar days later) thereafter. Paydays shall occur on the Friday following the conclusion of each pay period. The one exception is when that Friday is a federal holiday, the payday shall fall on the preceding business day.
B. Direct Deposit. The City shall electronically deposit employee’s paychecks directly into a savings or checking account designated by the employee. All employees shall participate in the City’s direct deposit payroll program. Each employee shall be responsible for providing the Human Resources Department with the correct routing number and account number of his or her banking institution.
ARTICLE 36 – ATTENDANCE
A. Each employee shall be in attendance at his/her work station in accordance with the rules regarding hours of work, holidays, and leaves. All departments shall keep daily attendance records of employees which shall be reported to Payroll on a designated form and on the dates specified. Absence without leave, whether voluntary or involuntary, for a period longer than five consecutive assigned working days is an automatic resignation from City service.
B. An employee who is absent from duty shall report the reason for such absence to the department head or immediate supervisor prior to the normal work shift. Absences not reported in such manner may be considered absence without leave. A deduction of pay shall be made for the duration of any absence without leave. Upon return to work, such absence must be justified.
ARTICLE 37 – HOURS OF WORK AND SCHEDULES
Unless otherwise prescribed in writing by the City Manager, the work week, work shift, and work schedule for each position shall be as follows:
A. WORK WEEK. The work week for all full-time positions shall be 40 hours.
B. WORK SHIFT. The work shift for all full-time positions scheduled on the “9/80 Work Plan” shall be nine hours a day for eight days, and eight hours for one day for a total of 80 hours in a two-week period.
C. WORK SCHEDULE. The work schedule for each position shall be as established by the department head. All offices of the City, except those for which special regulations are required, shall be kept open for business on all days of the year except Saturdays, T.O.P. M.O.U.
Sundays, and holidays continuously on week days in accordance with the Alternative Work Schedule.
D. ALTERNATIVE WORK SCHEDULES. The decision to implement any alternative work schedule, including the 9/80 Plan and the trial 4/10 Plan for the City Yard facility, City Hall, Community Center, Ehler’s Event, and Stage Stop Hotel is at the sole discretion of the City. The alternative work schedule may be revoked at any time by the City as long as 30 days notice of revocation is given to the Association and employees. Any modified work schedule shall not be considered a vested right or benefit and the City has no obligation to meet-and-confer or meet and consult prior to revocation. Any revocation shall not be subject to any internal grievance or appeal process or court action.
Except in cases of emergency, the City shall provide two weeks notice to an employee of any changes in his/her work schedule.
ARTICLE 38 – 9/80 PLAN ALTERNATE WORK SCHEDULE
A. Federal legislation in Air Quality Management District (AQMD) Rule 15 requires employers, including cities, to use alternative methods to reduce vehicular pollution emissions. The 9/80 work schedule will reduce the average number of vehicle trips to the work site between 6:00 a.m. and 10:00 a.m., and comply with the Federal requirements. It also satisfies Council’s direction to provide extended service hours to the public and employees.
B. Plan Defined. The work period will be forty hours per week. It will consist of nine days instead of ten in a two-week pay period. Employees will work eight days for nine hours a day and one day for eight hours for a total of 80 hours in the pay period. The basic work day will increase from 8 eight to 9 nine hours a day. The standard for accounting is 80 hours in a pay period. During a pay period, the employee shall have one occasion of two consecutive days off and one occasion of three consecutive days off.
The 9/80 Plan allows employees to be off an additional day during the pay period.
Days off will be consecutive and scheduled at the discretion of the department heads.
Days off include every other Friday. Once days off are determined, they are fixed unless otherwise approved.
C. Work Period for all FLSA-Exempt Employees. The work period for employees on the 9/80 who are exempt from the FLSA requirements will be the same as the pay period (Saturday of the first calendar week through Friday of the second calendar week).
This schedule coincides with the current payroll reporting period.
D. Work Period for Non-Exempt Employees. The work period for all employees who are not exempt from FLSA requirements on the 9/80 will continue to be 40 hours and a pay period will still consist of two work periods. However, the first work period will end and the second work period will begin i n the middle of the fifth work day shift in the T.O.P. M.O.U.
pay period. Depending upon the employee's schedule, four or five hours will belong to the first work period and the remaining four or five hours of that day will belong to the second work period. Work periods can break on different days of the week depending upon which days the employee works. The work period break in a pay period can be as early as the middle of the first Wednesday or as late as the middle of the second Monday of the pay period. The pay period will still coincide with the current payroll reporting period.
E. Payroll Period Report Dates – All Employees. Payroll will still be reported in accordance with our payroll calendar for all employees, including those on the 9/80 Plan.
F. Work Hours. For employees who normally work daytime hours Monday through Friday, the following work schedules are available to serve the needs of the City.
7:00 a.m. - 5:00 p.m. 1 hour lunch
7:30 a.m. - 5:30 p.m. 1 hour lunch
8:00 a.m. - 6:00 p.m. 1 hour lunch
The day of the week the employee has off during one work period will be an eight - hour work day the next work period and vice versa. For example, if the employee is off the first Friday of a pay period, he/she will work eight hours on the second Friday of that pay period. All other days worked in that pay period will be nine-hour shifts.
The department head or his/her designee may adjust the designated start/stop schedules as seasonal and/or weather conditions indicate.
The following depicts the four different work schedule patterns within a pay period:
Days Worked Within Pay Period
Group 1 2 3 4 5 6 7 8 9 10
A 9 hrs 9 hrs 9 hrs 9 hrs 8 hrs 9 hrs 9 hrs 9 hrs 9 hrs Off B 9 hrs 9 hrs 9 hrs 9 hrs Off 9 hrs 9 hrs 9 hrs 9 hrs 8 hrs C 8 hrs 9 hrs 9 hrs 9 hrs 9 hrs Off 9 hrs 9 hrs 9 hrs 9 hrs D Off 9 hrs 9 hrs 9 hrs 9 hrs 8 hrs 9 hrs 9 hrs 9 hrs 9 hrs
G. Payroll Reporting.
1. If an employee uses sick time, vacation time, holiday time or compensation time earned during the pay period and this time had not been reported on the payroll report submitted Monday morning, the time taken must be submitted to the Finance Department in writing.
2. If an employee is in an Absence Without Pay (AWOP) Status at any time during the pay period, and this had not been indicated on the payroll report submitted on T.O.P. M.O.U.
Monday morning, the supervisor or payroll clerk shall call Finance immediately to make a payroll correction.
3. All employees should make every effort to notify their supervisor on Thursday, if they will be using sick leave or AWOP time on Friday.
4. When an employee separates from employment, the employee will be paid for all hours worked.
5. When an employee changes to a different work schedule, it must coincide with the start of a pay period.
H. Leave Time Accruals. Benefit leave time accruals will remain the same as designated in this Memorandum of Understanding. Depending on the work day, benefit leave time off under the 9/80 Plan will be at the rate of either eight or nine hours.
I. Holidays.
1. If a holiday falls on the Friday the City is closed, the holiday will be observed on the preceding workday.
2. If a holiday falls on the employee's day off, an eight -hour day off must be taken within the same pay period as the holiday. An employee's alternate day off for the holiday must be approved by the department head.
3. If a holiday (including floating holidays) falls on the employee’s nine-hour workday, an employee will be credited with nine hours. If a holiday falls on an employee’s eight-hour workday, an employee will be credited with eight hours.
4. On pay periods containing holidays where employees' regularly scheduled hours need to be altered, for those employees who are subject to FLSA requirements, additional work schedule adjustments may be required for the day that breaks their two 40 hour work periods within the pay period to ensure the 40 hour work periods are maintained.
5. Holidays occurring on an employee’s regular eight-hour work day are not affected by the above schedule.
J. Paid Sick Time/Vacation.
1. Employees using paid sick leave on an eight-hour day will be charged eight hours.
2. Employees using paid sick leave on a nine-hour day will be charged nine hours.
3. If the scheduled hours are greater than the sick leave balance, the difference will be covered by:
T.O.P. M.O.U.
a. Use vacation or compensatory time.
b. Other Leaves
c. Leave without pay.
4. Vacation is charged in the same manner. Vacations occurring on eight-hour days will be charged eight hours, and those falling on nine- hour days will be charged nine hours.
K. Workers Compensation. Employees will be paid for industrial accident leave hours in accordance with their current 9/80 work schedule. An employee will return on the same 9/80 work schedule.
L. Military Leave, Jury and Paid Extended Sick Leave. Employees ordered to military duty, summoned to jury duty, or on paid extended sick leave will be paid according to their current work schedule. After the completion of the military leave, jury duty, or paid extended sick leave, the employee will return to his/her regular 9/80 work schedule.
An employee shall not receive overtime (pay or comp time) when such leave falls on his/her day off.
M. 9/80 Plan Review. A decrease in productivity will represent a negative impact to the alternative work plans. Productivity may be measured by various criteria, which may include, but are not limited to:
• Sick leave usage • Employee turnover
• Inadequate staffing • Tardiness
• Measurable work output • Employee morale
Moreover, other impacts include: service delivery to the public, citizen input through compliments, commendations, or complaints, energy savings, and related costs or funding to the City.
ARTICLE 39 – 4/10 PLAN ALTERNATE WORK SCHEDULE
Effective July 4, 2015, for employees covered under this MOU currently assigned to the City Yard facility (Effective June 24, 2023, for City Hall, Community Center, Ehler’s Event, and Stage Stop Hotel) , the City shall implement and evaluate a “4/10 Alternative Work Schedule” for a trial period of one year.
A. The intent is to determine the effectiveness and efficiency of the City Employees Association work force in providing service to the community while working an alternative work schedule that includes a 4/10 component.
B. During this evaluation period, there will be no additional costs (direct or indirect) to the City as a result of a modified work schedule, specifically related to overtime except for T.O.P. M.O.U.
call-backs for service and emergency calls and time- off accruals such as sick leave, vacation, holidays, etc. All such accruals will remain unchanged.
C. At the conclusion of this evaluation period, a review will be conducted by the City to determine the effectiveness of this alternative work schedule. A decrease in productivity will represent a negative impact to this alternative work schedule.
Productivity may be measured by various criteria which may include but are not limited to:
• Sick leave usage • Employee turnover
• Inadequate staffing • Tardiness
• Measurable work output • Employee morale
• Employee accidents
Other impacts include service delivery to the public, including citizen input through compliments, commendations, or complaints, energy savings, and related costs or funding to the City.
D. PLAN DEFINED. Under this work schedule, employees work four consecutive, 10 hour days in a seven day workweek. The 4/10 schedule provides for a 40 hour workweek every seven days and three consecutive days off.
4/10 scheduling will be at the discretion of the department head.
E. WORK PERIOD. The work period for employees on the 4/10 who are exempt or non- exempt from FLSA requirements will remain the same Saturday through Friday. There are two 40 hour work periods per pay period. This schedule coincides with the current payroll reporting period.
F. PAYROLL PERIOD REPORT DATES – ALL EMPLOYEES. Payroll will still be reported in accordance with our payroll calendar for all employees, including those on the 4/10 Plan.
G. PAYROLL REPORTING.
1. If an employee uses sick time, vacation time, holiday time or compensation time earned during the pay period and this time had not been reported on the payroll report submitted Monday morning, the time taken must be submitted to the Finance Department in writing.
2. If an employee is in an Absence Without Pay (AWOP) Status at any time during the pay period, and this had not been indicated on the payroll report submitted on Monday morning, the supervisor or payroll clerk shall call Finance immediately to make a payroll correction.
T.O.P. M.O.U.
H. WORK HOURS.
The department head or his/her designee may adjust the designated start/stop schedules as seasonal and/or weather conditions indicate.
I. Enrolling in or Dropping off the 4/10 Plan
1. Prior to enrollment in the 4/10 plan, each employee is required to read the 4/10 plan guidelines and sign a statement that he/she has read all the conditions of the plan. A copy will be placed into the employee’s personnel file in the Human Resources office.
To expedite future shift changes that affect many employees’ work plans and/or changes many employees’ day off, a memo listing each employee’s new work schedule and days off should be signed by each employee affected and submitted to Finance (payroll) and to Human Resources where a copy of the memo will be filed in each affected person’s employee file. These changes must coincide with the beginning of a new pay period.
2. When an employee separates from employment, the employee will be paid for all hours worked.
3. When an employee changes to a different work schedule, it must coincide with the start of a pay period.
J. LEAVE TIME ACCRUALS. Benefit leave time accruals will remain the same as designated in this Memorandum of Understanding.
K. HOLIDAYS.
1. If a holiday falls on the Friday the City is closed, the holiday will be observed on the preceding workday.
2. If a holiday falls on the employee's day off, a 10-hour day off must be taken within the same pay period as the holiday. An employee's alternate day off for the holiday must be approved by the department head.
3. On pay periods containing holidays where employees' regularly scheduled hours need to be altered, for those employees who are subject to FLSA requirements, additional work schedule adjustments may be required for the day that breaks their two 40 hour work periods within the pay period to ensure the 40 hour work periods are maintained.
4. Holidays occurring on an employee’s regular 10-hour workday are not affected by the above schedule.
T.O.P. M.O.U.
5. When a floating holiday is taken, employees taking the holiday on a 10- hour day will be charged 10 hours.
L. PAID SICK TIME/VACATION.
1. Employees using paid sick leave on a 10-hour day will be charged 10 hours.
2. If the scheduled hours are greater than the sick leave balance, the difference will be covered by:
a. Use vacation or compensatory time.
b. Other leaves.
c. Absence without pay.
3. Vacation is charged in the same manner. Vacations occurring on 10 hour days will be charged 10 hours.
M. WORKERS COMPENSATION. Employees will be paid for industrial accident leave hours in accordance with their current 4/10 work schedule. An employee will return on the same 4/10 work schedule.
N. MILITARY LEAVE, JURY AND PAID EXTENDED SICK LEAVE. Employees ordered to military duty, summoned to jury duty, or on paid extended sick leave will be paid according to their current work schedule. After the completion of the military leave, jury duty, or paid extended sick leave, the employee will return to his/her regular 4/10 work schedule.
An employee shall not receive overtime (pay or comp time) when such leave falls on his/her day off.
O. DEPARTMENT HEAD RESPONSIBILITY. Changes to an employee’s 4/10 work schedule must be coordinated through the department head, Human Resources and Finance to ensure that changes to and from the 4/10 Plan coincide with the beginning of a pay period.
P. The decision to implement any alternative work schedule, including the 9/80 Plan and the trial 4/10 Plan for the City Yard facility, City Hall, Community Center, Ehler’s Event, and Stage Stop Hotel , is at the sole discretion of the City. The alternative work schedule may be revoked at any time by the City as long as 30 days notice of revocation is given to the Association and employees. Any modified work schedule shall not be considered a vested right or benefit and the City has no obligation to meet- and-confer or meet and consult prior to revocation. Any revocation shall not be subject to any internal grievance or appeal process or court action.
T.O.P. M.O.U.
ARTICLE 40 – SUBSTANCE ABUSE
A. It is the responsibility of all affected employees to cooperate to protect the lives, personal safety and property of co- workers and fellow citizens. The parties hereto and all affected employees shall take all reasonable steps to accomplish these goals and to minimize potential dangers.
B. It is in the best interest of the City, the Association, employees, and the public to ensure that employees do not appear for work under the influence of drugs or alcohol, or possess illegal substances or alcohol while at work, because such conduct is likely to result in reduced productivity, an unsafe wor k environment, poor morale, and increased potential liability to the City. “Under the influence” means the knowing use of any illegal substance, alcohol, or knowing misuse of a prescribed drug in a manner and to a degree that substantially impairs the employee's work performance or the ability to use City property or equipment safely.
C. An employee, not on paid standby, who is called at home to return to work may decline to return if he/she feels physically unable to perform his/her job even if the employee perceives that the inability to perform is the result of having consumed alcoholic beverages. No reason need be given by the employee and the employee shall not be subjected to discipline for his/her refusal to return to work.
D. The City provides an Employee Assistance program for employees who have problems with drugs and/or alcohol. Every effort shall be made by the City to refer employees who have such problems to this counseling service for assistance.
E. The City may, upon showing of reasonable suspicion that this policy is being violated, compel an employee who is unable to perform the duties of his/her position to submit to a medical examination on City time and at the City's expense. “Reasonable suspicion” is a belief based on objective and articulable facts sufficient to lead a reasonable and prudent supervisor to suspect that an employee is “under the influence” in that the employee’s ability to perform the functions of the job is impaired or the empl oyee’s ability to perform his/her job safely is reduced. Allegations of harassment pursuant to this paragraph shall be reported to the Human Resources Department. The Human Resources Department shall conduct an investigation into the alleged harassment and take appropriate corrective action as a result of its investigation. Nothing contained herein shall limit the City's right to discipline or discharge any employee.
ARTICLE 41 – EMERGENCY MEDICAL ATTENTION
In case of emergency, an employee may seek immediate medical attention without having to wait for a supervisor to accompany him/her.
T.O.P. M.O.U.
ARTICLE 42 – GRIEVANCE PROCEDURE
A. DEFINITION. A grievance shall be considered as any matter for which appeal is not provided for concerning a dispute about the interpretation or application of any ordinance, rule, or regulation governing personnel practices or working conditions.
B. PURPOSE.
1. To promote improved employer -employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.
2. To afford employees, individually or through qualified employee organizations, a systematic means of obtaining further consideration of problems after every other reasonable effort has failed to resolve them through discussions.
3. To provide that grievances shall be settled as near as possible to the point of origin.
4. To provide that grievances shall be heard and settled as informally as possible.
C. PROCEDURE. Whenever an employee feels that the policy of the City is not being appropriately applied to his/her circumstance, he or she can file a grievance to resolve the dispute. The limitation on filing a grievance must be within sixty (60) calendar days from the date the employee or the Association first became aware of, or should have become aware of, the issue(s) underlying the grievance. To file a grievance, he or she shall take the following action(s):
1. The dispute should be discussed fully with the employee's most immediate supervisor, who should make every effort to resolve the dispute in a fair and equitable manner and in accordance with established policy. After the employee and the supervisor have discussed the incident, the supervisor will give the employee a verbal or written response within two working days.
2. The process described above shall continue through the line of supervision, up to and including the department head, if the aggrieved party is not satisfied with the resolution at the initial or preceding step(s). However, the employee must notify the department head of the dispute in writing.
3. Should the dispute not be resolved by the department head to the satisfaction of both parties, the employee will notify the Director of Human Resources of the dispute in writing. The Director of Human Resources will interview both parties in the dispute and others affected and report those findings to the City Manager and recommend steps to be taken to resolve the problem within the Department.
Within 10 working shifts, the parties will be provided with a written response from the City Manager. The deci sion of the City Manager shall be the final step in the Administrative process.
T.O.P. M.O.U.
ARTICLE 43 – ADVISORY ARBITRATION
City Council Resolution 1883, Personnel Rules and Regulations, Rule XVI, Section 2 and Section 5 shall be amended and is incorporated herein and attached as Exhibit E.
ARTICLE 44 – PERFORMANCE EVALUATION
The parties agree that performance evaluations may not be appealed to advisory arbitration. The appeal process shall end at the City Manager level as provided in the grievance procedure contained herein.
ARTICLE 45 – MEDICAL EXAMINATION
Each employee is eligible for an ultrasound imaging screening (body scan) of internal organs and cardiovascular system by the City’s medical examiner each year, held typically during the health benefits open enrollment period. The individual employee’s results of the examination shall be disclosed only to the individual participant and neither the City nor the Association shall have any right to an individual’s examination results.
T.O.P. M.O.U.
SIGNATURES
Adopted July 8, 2025
FOR THE
CITY OF BUENA PARK
FOR THE BUENA PARK TECHNICAL,
OFFICE AND PROFESSIONALS
ASSOCIATION
Eddie Fenton
Assistant City Manager/
Director of Human Resources
Alex Lester
Representative
Rebecca Valdez
Human Resources Manager
Norm Wray
Representative
Ernestine Zapien
Representative
T.O.P. M.O.U.
*Monthly and Annual Salary are only approximate rates based on the Hourly conversion.
EXHIBIT A – PAY SCHEDULE – EFFECTIVE JULY 5, 2025
TECHNICAL, OFFICE AND PROFESSIONALS ASSOCIATION
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Position Grade Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Account Clerk 117 23.96 4,153 49,837 25.11 4,352 52,229 26.28 4,555 54,662 27.56 4,777 57,325 28.90 5,009 60,112 30.27 5,247 62,962 31.03 5,379 64,542 Accountant 136 37.58 6,514 78,166 39.44 6,836 82,035 41.35 7,167 86,008 43.39 7,521 90,251 45.50 7,887 94,640 47.71 8,270 99,237 48.90 8,476 101,712 Accounting Technician 125 28.97 5,022 60,258 30.35 5,261 63,128 31.77 5,507 66,082 33.35 5,781 69,368 34.97 6,062 72,738 36.63 6,349 76,190 37.55 6,509 78,104 Administrative Assistant 123 27.59 4,782 57,387 28.95 5,018 60,216 30.32 5,256 63,066 31.76 5,505 66,061 33.33 5,777 69,326 34.93 6,055 72,654 35.80 6,205 74,464 Assistant Engineer 141 42.43 7,355 88,254 44.49 7,712 92,539 46.66 8,088 97,053 48.92 8,480 101,754 51.30 8,892 106,704 53.79 9,324 111,883 55.13 9,556 114,670 Assistant Planner 134 35.89 6,221 74,651 37.58 6,514 78,166 39.43 6,835 82,014 41.35 7,167 86,008 43.38 7,519 90,230 45.48 7,883 94,598 46.62 8,081 96,970 Associate Planner 141 42.43 7,355 88,254 44.49 7,712 92,539 46.66 8,088 97,053 48.92 8,480 101,754 51.30 8,892 106,704 53.79 9,324 111,883 55.13 9,556 114,670 Building Inspector 136 37.58 6,514 78,166 39.44 6,836 82,035 41.35 7,167 86,008 43.39 7,521 90,251 45.50 7,887 94,640 47.71 8,270 99,237 48.90 8,476 101,712 Building Inspector
Technician 133 35.00 6,067 72,800 36.72 6,365 76,378 38.46 6,666 79,997 40.34 6,992 83,907 42.28 7,329 87,942 44.35 7,687 92,248 45.46 7,880 94,557 Buyer 126 29.67 5,143 61,714 31.07 5,386 64,626 32.58 5,647 67,766 34.13 5,916 70,990 35.81 6,207 74,485 37.53 6,505 78,062 38.47 6,668 80,018 Code Enforcement
Officer 134 35.89 6,221 74,651 37.58 6,514 78,166 39.43 6,835 82,014 41.35 7,167 86,008 43.38 7,519 90,230 45.48 7,883 94,598 46.62 8,081 96,970 Code Enforcement
Technician 121 26.31 4,560 54,725 27.59 4,782 57,387 28.91 5,011 60,133 30.30 5,252 63,024 31.74 5,502 66,019 33.31 5,774 69,285 34.14 5,918 71,011 Community Outreach
Coordinator 123 27.59 4,782 57,387 28.95 5,018 60,216 30.32 5,256 63,066 31.76 5,505 66,061 33.33 5,777 69,326 34.93 6,055 72,654 35.80 6,205 74,464 Community Services
Coordinator 131 33.38 5,786 69,430 35.01 6,068 72,821 36.73 6,367 76,398 38.46 6,666 79,997 40.34 6,992 83,907 42.28 7,329 87,942 43.34 7,512 90,147 Environmental
Inspector 132 34.19 5,926 71,115 35.88 6,219 74,630 37.56 6,510 78,125 39.42 6,833 81,994 41.35 7,167 86,008 43.37 7,518 90,210 44.45 7,705 92,456 Executive Assistant 131 33.38 5,786 69,430 35.01 6,068 72,821 36.73 6,367 76,398 38.46 6,666 79,997 40.34 6,992 83,907 42.28 7,329 87,942 43.34 7,512 90,147 Homeless Outreach
Coordinator 131 33.38 5,786 69,430 35.01 6,068 72,821 36.73 6,367 76,398 38.46 6,666 79,997 40.34 6,992 83,907 42.28 7,329 87,942 43.34 7,512 90,147 Housing and CDBG
Analyst 141 42.43 7,355 88,254 44.49 7,712 92,539 46.66 8,088 97,053 48.92 8,480 101,754 51.30 8,892 106,704 53.79 9,324 111,883 55.13 9,556 114,670 Housing Specialist 132 34.19 5,926 71,115 35.88 6,219 74,630 37.56 6,510 78,125 39.42 6,833 81,994 41.35 7,167 86,008 43.37 7,518 90,210 44.45 7,705 92,456 Human Resources
Analyst 141 42.43 7,355 88,254 44.49 7,712 92,539 46.66 8,088 97,053 48.92 8,480 101,754 51.30 8,892 106,704 53.79 9,324 111,883 55.13 9,556 114,670 Human Resources
Specialist 132 34.19 5,926 71,115 35.88 6,219 74,630 37.56 6,510 78,125 39.42 6,833 81,994 41.35 7,167 86,008 43.37 7,518 90,210 44.45 7,705 92,456 Mailroom Aide 113 21.83 3,784 45,406 22.85 3,961 47,528 23.95 4,151 49,816 25.10 4,351 52,208 26.24 4,548 54,579 27.56 4,777 57,325 28.25 4,897 58,760
T.O.P. M.O.U.
*Monthly and Annual Salary are only approximate rates based on the Hourly conversion.
EXHIBIT A – PAY SCHEDULE – EFFECTIVE JULY 5, 2025
TECHNICAL, OFFICE AND PROFESSIONALS ASSOCIATION
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Position Grade Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Management Analyst 141 42.43 7,355 88,254 44.49 7,712 92,539 46.66 8,088 97,053 48.92 8,480 101,754 51.30 8,892 106,704 53.79 9,324 111,883 55.13 9,556 114,670 Management Assistant 134 35.89 6,221 74,651 37.58 6,514 78,166 39.43 6,835 82,014 41.35 7,167 86,008 43.38 7,519 90,230 45.48 7,883 94,598 46.62 8,081 96,970 Marketing Assistant 114 22.32 3,869 46,426 23.38 4,053 48,630 24.50 4,247 50,960 25.67 4,450 53,394 26.87 4,658 55,890 28.19 4,886 58,635 28.89 5,008 60,091 Marketing Specialist 130 32.60 5,651 67,808 34.19 5,926 71,115 35.87 6,218 74,610 37.55 6,509 78,104 39.41 6,831 81,973 41.33 7,164 85,966 42.36 7,342 88,109 Office Assistant 114 22.32 3,869 46,426 23.38 4,053 48,630 24.50 4,247 50,960 25.67 4,450 53,394 26.87 4,658 55,890 28.19 4,886 58,635 28.89 5,008 60,091 Payroll Technician 129 31.85 5,521 66,248 33.37 5,784 69,410 34.99 6,065 72,779 36.68 6,358 76,294 38.44 6,663 79,955 40.29 6,984 83,803 41.30 7,159 85,904 Permit Technician 121 26.31 4,560 54,725 27.59 4,782 57,387 28.91 5,011 60,133 30.30 5,252 63,024 31.74 5,502 66,019 33.31 5,774 69,285 34.14 5,918 71,011 Planning Technician 121 26.31 4,560 54,725 27.59 4,782 57,387 28.91 5,011 60,133 30.30 5,252 63,024 31.74 5,502 66,019 33.31 5,774 69,285 34.14 5,918 71,011 Public Works Inspector 136 37.58 6,514 78,166 39.44 6,836 82,035 41.35 7,167 86,008 43.39 7,521 90,251 45.50 7,887 94,640 47.71 8,270 99,237 48.90 8,476 101,712 Secretary Clerk 118 24.51 4,248 50,981 25.74 4,462 53,539 26.92 4,666 55,994 28.26 4,898 58,781 29.58 5,127 61,526 31.02 5,377 64,522 31.80 5,512 66,144 Sr. Account Clerk 122 26.95 4,671 56,056 28.27 4,900 58,802 29.60 5,131 61,568 31.03 5,379 64,542 32.51 5,635 67,621 34.09 5,909 70,907 34.94 6,056 72,675 Sr. Accountant 139 40.43 7,008 84,094 42.38 7,346 88,150 44.46 7,706 92,477 46.62 8,081 96,970 48.89 8,474 101,691 51.27 8,887 106,642 52.55 9,109 109,304 Sr. Accounting Tech. 129 31.85 5,521 66,248 33.37 5,784 69,410 34.99 6,065 72,779 36.68 6,358 76,294 38.44 6,663 79,955 40.29 6,984 83,803 41.30 7,159 85,904 Sr. Admin. Assistant 126 29.67 5,143 61,714 31.07 5,386 64,626 32.58 5,647 67,766 34.13 5,916 70,990 35.81 6,207 74,485 37.53 6,505 78,062 38.47 6,668 80,018 Sr. Building
Inspector/Code Enf. 139 40.43 7,008 84,094 42.38 7,346 88,150 44.46 7,706 92,477 46.62 8,081 96,970 48.89 8,474 101,691 51.27 8,887 106,642 52.55 9,109 109,304 Sr. Building
Inspector/Plan Checker 146 47.84 8,292 99,507 50.19 8,700 104,395 52.63 9,123 109,470 55.18 9,565 114,774 57.89 10,034 120,411 60.75 10,530 126,360 62.27 10,794 129,522 Sr. Code Enforcement
Officer 138 39.45 6,838 82,056 41.37 7,171 86,050 43.40 7,523 90,272 45.50 7,887 94,640 47.71 8,270 99,237 50.03 8,672 104,062 51.28 8,889 106,662 Sr. Engineering Tech. 138 39.45 6,838 82,056 41.37 7,171 86,050 43.40 7,523 90,272 45.50 7,887 94,640 47.71 8,270 99,237 50.03 8,672 104,062 51.28 8,889 106,662 Sr. Engineering
Tech/GIS Specialist 144 45.58 7,901 94,806 47.80 8,285 99,424 50.13 8,689 104,270 52.57 9,112 109,346 55.17 9,563 114,754 57.86 10,029 120,349 59.31 10,280 123,365 Sr. Environmental Insp. 139 40.43 7,008 84,094 42.38 7,346 88,150 44.46 7,706 92,477 46.62 8,081 96,970 48.89 8,474 101,691 51.27 8,887 106,642 52.55 9,109 109,304 Sr. Office Assistant 116 23.40 4,056 48,672 24.50 4,247 50,960 25.69 4,453 53,435 26.88 4,659 55,910 28.20 4,888 58,656 29.53 5,119 61,422 30.27 5,247 62,962 Sr. Planner 146 47.84 8,292 99,507 50.19 8,700 104,395 52.63 9,123 109,470 55.18 9,565 114,774 57.89 10,034 120,411 60.75 10,530 126,360 62.27 10,794 129,522 Sr. Public Works Insp. 139 40.43 7,008 84,094 42.38 7,346 88,150 44.46 7,706 92,477 46.62 8,081 96,970 48.89 8,474 101,691 51.27 8,887 106,642 52.55 9,109 109,304 Storekeeper 125 28.97 5,022 60,258 30.35 5,261 63,128 31.77 5,507 66,082 33.35 5,781 69,368 34.97 6,062 72,738 36.63 6,349 76,190 37.55 6,509 78,104 Water Loss Specialist 139 40.43 7,008 84,094 42.38 7,346 88,150 44.46 7,706 92,477 46.62 8,081 96,970 48.89 8,474 101,691 51.27 8,887 106,642 52.55 9,109 109,304 Water Quality Specialist 139 40.43 7,008 84,094 42.38 7,346 88,150 44.46 7,706 92,477 46.62 8,081 96,970 48.89 8,474 101,691 51.27 8,887 106,642 52.55 9,109 109,304 T.O.P. M.O.U.
*Monthly and Annual Salary are only approximate rates based on the Hourly conversion.
EXHIBIT A – PAY SCHDULE – EFFECTIVE JULY 4, 2026
TECHNICAL, OFFICE AND PROFESSIONALS ASSOCIATION
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Position Grade Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Account Clerk 117 25.16 4,361 52,333 26.37 4,571 54,850 27.59 4,782 57,387 28.94 5,016 60,195 30.35 5,261 63,128 31.78 5,509 66,102 32.58 5,647 67,766 Accountant 136 39.46 6,840 82,077 41.41 7,178 86,133 43.42 7,526 90,314 45.56 7,897 94,765 47.78 8,282 99,382 50.10 8,684 104,208 51.35 8,901 106,808 Accounting Technician 125 30.42 5,273 63,274 31.87 5,524 66,290 33.36 5,782 69,389 35.02 6,070 72,842 36.72 6,365 76,378 38.46 6,666 79,997 39.43 6,835 82,014 Administrative Assistant 123 28.97 5,022 60,258 30.40 5,269 63,232 31.84 5,519 66,227 33.35 5,781 69,368 35.00 6,067 72,800 36.68 6,358 76,294 37.59 6,516 78,187 Assistant Engineer 141 44.55 7,722 92,664 46.71 8,096 97,157 48.99 8,492 101,899 51.37 8,904 106,850 53.87 9,338 112,050 56.48 9,790 117,478 57.89 10,034 120,411 Assistant Planner 134 37.68 6,531 78,374 39.46 6,840 82,077 41.40 7,176 86,112 43.42 7,526 90,314 45.55 7,895 94,744 47.75 8,277 99,320 48.95 8,485 101,816 Associate Planner 141 44.55 7,722 92,664 46.71 8,096 97,157 48.99 8,492 101,899 51.37 8,904 106,850 53.87 9,338 112,050 56.48 9,790 117,478 57.89 10,034 120,411 Building Inspector 136 39.46 6,840 82,077 41.41 7,178 86,133 43.42 7,526 90,314 45.56 7,897 94,765 47.78 8,282 99,382 50.10 8,684 104,208 51.35 8,901 106,808 Building Inspector
Technician 133 36.75 6,370 76,440 38.56 6,684 80,205 40.38 6,999 83,990 42.36 7,342 88,109 44.39 7,694 92,331 46.57 8,072 96,866 47.73 8,273 99,278 Buyer 126 31.15 5,399 64,792 32.62 5,654 67,850 34.21 5,930 71,157 35.84 6,212 74,547 37.60 6,517 78,208 39.41 6,831 81,973 40.39 7,001 84,011 Code Enforcement
Officer 134 37.68 6,531 78,374 39.46 6,840 82,077 41.40 7,176 86,112 43.42 7,526 90,314 45.55 7,895 94,744 47.75 8,277 99,320 48.95 8,485 101,816 Code Enforcement
Technician 121 27.63 4,789 57,470 28.97 5,022 60,258 30.36 5,262 63,149 31.82 5,516 66,186 33.33 5,777 69,326 34.98 6,063 72,758 35.85 6,214 74,568 Community Outreach
Coordinator 123 28.97 5,022 60,258 30.40 5,269 63,232 31.84 5,519 66,227 33.35 5,781 69,368 35.00 6,067 72,800 36.68 6,358 76,294 37.59 6,516 78,187 Community Services
Coordinator 131 35.05 6,075 72,904 36.76 6,372 76,461 38.57 6,686 80,226 40.38 6,999 83,990 42.36 7,342 88,109 44.39 7,694 92,331 45.51 7,888 94,661 Environmental
Inspector 132 35.90 6,223 74,672 37.67 6,530 78,354 39.44 6,836 82,035 41.39 7,174 86,091 43.42 7,526 90,314 45.54 7,894 94,723 46.67 8,090 97,074 Executive Assistant 131 35.05 6,075 72,904 36.76 6,372 76,461 38.57 6,686 80,226 40.38 6,999 83,990 42.36 7,342 88,109 44.39 7,694 92,331 45.51 7,888 94,661 Homeless Outreach
Coordinator 131 35.05 6,075 72,904 36.76 6,372 76,461 38.57 6,686 80,226 40.38 6,999 83,990 42.36 7,342 88,109 44.39 7,694 92,331 45.51 7,888 94,661 Housing and CDBG
Analyst 141 44.55 7,722 92,664 46.71 8,096 97,157 48.99 8,492 101,899 51.37 8,904 106,850 53.87 9,338 112,050 56.48 9,790 117,478 57.89 10,034 120,411 Housing Specialist 132 35.90 6,223 74,672 37.67 6,530 78,354 39.44 6,836 82,035 41.39 7,174 86,091 43.42 7,526 90,314 45.54 7,894 94,723 46.67 8,090 97,074 Human Resources
Analyst 141 44.55 7,722 92,664 46.71 8,096 97,157 48.99 8,492 101,899 51.37 8,904 106,850 53.87 9,338 112,050 56.48 9,790 117,478 57.89 10,034 120,411 Human Resources
Specialist 132 35.90 6,223 74,672 37.67 6,530 78,354 39.44 6,836 82,035 41.39 7,174 86,091 43.42 7,526 90,314 45.54 7,894 94,723 46.67 8,090 97,074 Mailroom Aide 113 22.92 3,973 47,674 23.99 4,158 49,899 25.15 4,359 52,312 26.36 4,569 54,829 27.55 4,775 57,304 28.94 5,016 60,195 29.66 5,141 61,693
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*Monthly and Annual Salary are only approximate rates based on the Hourly conversion.
EXHIBIT A – PAY SCHEDULE – EFFECTIVE JULY 4, 2026
TECHNICAL, OFFICE AND PROFESSIONALS ASSOCIATION
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Position Grade Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Management Analyst 141 44.55 7,722 92,664 46.71 8,096 97,157 48.99 8,492 101,899 51.37 8,904 106,850 53.87 9,338 112,050 56.48 9,790 117,478 57.89 10,034 120,411 Management Assistant 134 37.68 6,531 78,374 39.46 6,840 82,077 41.40 7,176 86,112 43.42 7,526 90,314 45.55 7,895 94,744 47.75 8,277 99,320 48.95 8,485 101,816 Marketing Assistant 114 23.44 4,063 48,755 24.55 4,255 51,064 25.73 4,460 53,518 26.95 4,671 56,056 28.21 4,890 58,677 29.60 5,131 61,568 30.33 5,257 63,086 Marketing Specialist 130 34.23 5,933 71,198 35.90 6,223 74,672 37.66 6,528 78,333 39.43 6,835 82,014 41.38 7,173 86,070 43.40 7,523 90,272 44.48 7,710 92,518 Office Assistant 114 23.44 4,063 48,755 24.55 4,255 51,064 25.73 4,460 53,518 26.95 4,671 56,056 28.21 4,890 58,677 29.60 5,131 61,568 30.33 5,257 63,086 Payroll Technician 129 33.44 5,796 69,555 35.04 6,074 72,883 36.74 6,368 76,419 38.51 6,675 80,101 40.36 6,996 83,949 42.30 7,332 87,984 43.37 7,518 90,210 Permit Technician 121 27.63 4,789 57,470 28.97 5,022 60,258 30.36 5,262 63,149 31.82 5,516 66,186 33.33 5,777 69,326 34.98 6,063 72,758 35.85 6,214 74,568 Planning Technician 121 27.63 4,789 57,470 28.97 5,022 60,258 30.36 5,262 63,149 31.82 5,516 66,186 33.33 5,777 69,326 34.98 6,063 72,758 35.85 6,214 74,568 Public Works Inspector 136 39.46 6,840 82,077 41.41 7,178 86,133 43.42 7,526 90,314 45.56 7,897 94,765 47.78 8,282 99,382 50.10 8,684 104,208 51.35 8,901 106,808 Secretary Clerk 118 25.74 4,462 53,539 27.03 4,685 56,222 28.27 4,900 58,802 29.67 5,143 61,714 31.06 5,384 64,605 32.57 5,646 67,746 33.39 5,788 69,451 Sr. Account Clerk 122 28.30 4,905 58,864 29.68 5,145 61,734 31.08 5,387 64,646 32.58 5,647 67,766 34.14 5,918 71,011 35.79 6,204 74,443 36.69 6,360 76,315 Sr. Accountant 139 42.45 7,358 88,296 44.50 7,713 92,560 46.68 8,091 97,094 48.95 8,485 101,816 51.33 8,897 106,766 53.83 9,331 111,966 55.18 9,565 114,774 Sr. Accounting Tech. 129 33.44 5,796 69,555 35.04 6,074 72,883 36.74 6,368 76,419 38.51 6,675 80,101 40.36 6,996 83,949 42.30 7,332 87,984 43.37 7,518 90,210 Sr. Admin. Assistant 126 31.15 5,399 64,792 32.62 5,654 67,850 34.21 5,930 71,157 35.84 6,212 74,547 37.60 6,517 78,208 39.41 6,831 81,973 40.39 7,001 84,011 Sr. Building
Inspector/Code Enf. 139 42.45 7,358 88,296 44.50 7,713 92,560 46.68 8,091 97,094 48.95 8,485 101,816 51.33 8,897 106,766 53.83 9,331 111,966 55.18 9,565 114,774 Sr. Building
Inspector/Plan Checker 146 50.23 8,707 104,478 52.70 9,135 109,616 55.26 9,578 114,941 57.94 10,043 120,515 60.78 10,535 126,422 63.79 11,057 132,683 65.38 11,333 135,990 Sr. Code Enforcement
Officer 138 41.42 7,180 86,154 43.44 7,530 90,355 45.57 7,899 94,786 47.78 8,282 99,382 50.10 8,684 104,208 52.53 9,105 109,262 53.84 9,332 111,987 Sr. Engineering Tech. 138 41.42 7,180 86,154 43.44 7,530 90,355 45.57 7,899 94,786 47.78 8,282 99,382 50.10 8,684 104,208 52.53 9,105 109,262 53.84 9,332 111,987 Sr. Engineering
Tech/GIS Specialist 144 47.86 8,296 99,549 50.19 8,700 104,395 52.64 9,124 109,491 55.20 9,568 114,816 57.93 10,041 120,494 60.75 10,530 126,360 62.28 10,795 129,542 Sr. Environmental Insp. 139 42.45 7,358 88,296 44.50 7,713 92,560 46.68 8,091 97,094 48.95 8,485 101,816 51.33 8,897 106,766 53.83 9,331 111,966 55.18 9,565 114,774 Sr. Office Assistant 116 24.57 4,259 51,106 25.73 4,460 53,518 26.97 4,675 56,098 28.22 4,892 58,698 29.61 5,132 61,589 31.01 5,375 64,501 31.78 5,509 66,102 Sr. Planner 146 50.23 8,707 104,478 52.70 9,135 109,616 55.26 9,578 114,941 57.94 10,043 120,515 60.78 10,535 126,422 63.79 11,057 132,683 65.38 11,333 135,990 Sr. Public Works Insp. 139 42.45 7,358 88,296 44.50 7,713 92,560 46.68 8,091 97,094 48.95 8,485 101,816 51.33 8,897 106,766 53.83 9,331 111,966 55.18 9,565 114,774 Storekeeper 125 30.42 5,273 63,274 31.87 5,524 66,290 33.36 5,782 69,389 35.02 6,070 72,842 36.72 6,365 76,378 38.46 6,666 79,997 39.43 6,835 82,014 Water Loss Specialist 139 42.45 7,358 88,296 44.50 7,713 92,560 46.68 8,091 97,094 48.95 8,485 101,816 51.33 8,897 106,766 53.83 9,331 111,966 55.18 9,565 114,774 Water Quality Specialist 139 42.45 7,358 88,296 44.50 7,713 92,560 46.68 8,091 97,094 48.95 8,485 101,816 51.33 8,897 106,766 53.83 9,331 111,966 55.18 9,565 114,774 T.O.P. M.O.U.
EXHIBIT B – COMPENSATION PLAN
A. PURPOSE. The purpose of this Plan is to establish a Merit system of compensation for all general employees represented by T.O.P. Association, based upon performance and productivity, with due consideration for all qualities of service and contribution to the City.
B. SALARY RANGES AND SALARY RATES . The establishment of salary ranges and salary rates and the allocation of classes thereto shall be by Resolution of the City Council. The type of appointment shall determine whether an employee's salary rate shall be on a biweekly or hourly basis.
1. Full-Time, Probationary, Provisional, Temporary, and Acting Appointments. An employee having a provisional, temporary, probationary, or acting appointment that is on a full-time basis, shall be compensated at a biweekly rate.
2. Other Appointments. An employee having any other type of appointment shall be compensated at an hourly rate.
C. RESPONSIBILITIES OF CITY MANAGER . Employees shall be paid at biweekly or hourly rates as determined by the City Manager, subject to the provisions of this Resolution.
At least annually the City Manager shall review the existing Compensation Plan and recommend to the City Council a salary range and salary rates for each class for which the City Manager is appointing authority. In determining salary range and salary rates, consideration shall be given to both base pay, fringe benefits, and working conditions.
D. COMPENSATION PROCEDURES – SALARY SCHEDULES.
1. Entry Level Salary Rates:
a. In General. Except as otherwise provided herein, all new employees shall be appointed at Step 1 of the salary range in effect for the class in which the appointment is made.
b. Exceptions. The City Manager may authorize such new appointments at a salary rate up to Step 7, when it is determined that equity among employees and the interests of the City will best be served.
c. Temporary Appointees. Persons employed or re- employed for part -time, temporary, or seasonal service may, upon written recommendation of the Department Head and approval of the City Manager, be compensated at any rate established for the class.
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d. Acting Appointments. Acting appointments may carry additional compensation if recommended by the Department Head and approved by the City Manager when the City Manager determines that equity among employees and the interests of the City will best be served.
2. Step Increases within the Range. All salary increases within the range shall be made in five percent (5%) increments whenever possible.
a. Step 1 is the minimum rate and is normally the hiring rate for the class.
b. Employees are eligible to progress to the second and to third steps, anytime after completion of six months of service at the preceding step. These salary increases are awarded in recognition of good performance and as an incentive for continued work improvement. These increases shall be made only if recommended by the Department Head and approved by the City Manager.
c. Employees are eligible for additional salary in creases to the fourth, fifth, sixth or seventh steps, anytime after completion of one year of service at the preceding step on their salary anniversary date. These increases shall be made only if recommended by the Department Head and approved by the City Manager and are awarded in recognition of good performance and as an incentive for continued work improvement.
E. COMPENSATION UPON PROMOTION.
1. Every promotion from one class to a higher class shall carry a minimum salary increase of five percent. In the event a promotion is made within six months of the employee's salary anniversary date, the placement on the new range shall be to the step of th e new range which shall be 7 -1/2 percent or 10 percent over the current rate.
2. The probation and salary procedures for the promotional position shall follow those prescribed in the various applicable paragraphs of Section D.
3. If the promotion is to a position (class) assigned to a Salary Schedule other than the General Employees (T.O.P.) Salary Schedule, the probation and salary procedures shall follow those prescribed in the various applicable paragraphs of the Resolution for the appropriate Salary Schedule.
F. COMPENSATION ON DEMOTION.
1. Involuntary Demotion. An employee who is involuntarily demoted shall be reduced in salary to the nearest lowest salary rate of the class of position to which demoted.
The employee shall not be required to serve a probationary period in the lower position unless specifically determined by the City Manager.
T.O.P. M.O.U.
2. Voluntary Demotion. An employee who is demoted at the employee’s own request shall retain the current salary rate if such rate is within the salary range of the lower classification. If the employee’s salary rate prior to the demotion is higher than the maximum salary of the lower position, the employee shall receive the latter. The employee shall not be required to serve a probationary period in the lower position unless specifically determined by the City Manager.
G. FAILURE TO COMPLETE PROBATION PERIOD. The compensation of an employee who is rejected during a probation period in a classification and who is assigned to a classification having a lower salary range shall be as follows:
1. If the employee had previously completed a probation period in a lower classification, the employee shall not be required to serve another one; the employee's last salary rate in the lower position shall be the new salary rate upon reassignment to that position, and eligibility shall be earned to receive subsequent merit salary advancements in accordance with appropriate paragraphs in Section D.
2. If the employee had not previously completed a probation period in a lower classification, the effective date of reassignment to that class shall be the employee’s new probationary anniversary date, and the employee shall be required to serve a probation period.
H. COMPENSATION ON POSITION RECLASSIFICATION. The salary of an employee in a position that is reclassified shall be determined as follows:
1. Class With Same Salary Range. If the position is reclassified to a class with the same salary range as the previous class, and if the incumbent is appointed to the reclassified position, the salary rate and the salary review date of the employee shall not be changed. This provision shall also apply to a change of class title provided there is no change in the basic duties of the position.
2. Class With Higher Salary Range. If the position is reclassified to a class with a higher salary range than the previous class, and if the incumbent is appointed to the reclassified position, the salary of the employee shall be governed by the Section on Compensation Upon Promotion.
3. Class With Lower Salary Range. If the position is reclassified to a class with a lower salary range than the previous class, and if the incumbent is appointed to the reclassified position, the employee's salary shall not change and the employee shall not be required to serve a new probation period.
I. COMPENSATION ON TRANSFER . The salary rate and salary review date of an employee who is transferred in class shall not change.
T.O.P. M.O.U.
J. COMPENSATION FOR PORTION OF PAY PERIOD . A regular or probationary appointee serving on a full-time basis who works less than a full biweekly pay period, except when on authorized leave of absence with pay, shall receive as compensation for such period an amount equal to the number of hours worked times the employee's hourly rate. The number of hours worked in such pay period shall include paid holidays.
K. CHANGES IN CLASS SALARY RANGE. If a class is allocated to a different salary range, an employee in a position in that class shall be compensated at the same numbered step in the new range as the employee was receiving in the previous range.
The employee's salary review date shall not change.
L. COMPENSATION FOR ACTING APPOINTMENT S. Subject to the following conditions, an employee who is required on the basis of an acting appointment to serve in a class with a higher salary range than that of the class in which the employee is normally assigned shall receive the entry level salary rate of the higher salary range or the rate five (5%) percent higher than the rate the employee normally receives, whichever is greater, for all such hours assigned.
1. The employee must perform all the duties and assume all the responsibilities of the higher class.
2. Compensation for acting appointments shall be limited to the temporary filling of a vacant regular position due to termination, promotion, or extended sick leave of the incumbent lasting longer than 30 days or the temporary filling of newly budgeted positions where the needs of the City require that the position be filled.
3. Acting appointments shall not receive merit increases and shall not be permitted for a period in excess of six continuous months, except in the manner provided in
2.20.080 of the Buena Park City Code.
4. The City Manager must approve all such appointments upon findings which meet the criteria set forth in this paragraph.
M. CHANGES IN SALARY ANNIVERSARY DATE. The granting of any leave of absence without pay exceeding 30 calendar days shall result in a new salary anniversary date.
For the purpose of computing the new salary anniversary date, it shall be the number of calendar days of the employee's leave in excess of 30 calendar days.
N. PROBATIONARY APPOINTMENT FOLLOWING PROVISIONAL APPOINTMENT.
Notwithstanding the other provisions of this Resolution, a provisional appointee in a class who, without a break in service, receives a probationary appointment to a position in the same class shall be eligible for consideration for a salary advance
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after si x months of satisfactory service, including provisional service. This appointment shall be as evidenced in writing by the Department Head and approved by the City Manager, and shall accrue leave benefits from the date of the provisional appointment.
The employee's probation period shall commence with the date of provisional appointment. Satisfactory completion of such probation period shall be on written recommendation of the department head and approval of the City Manager.
The salary advance provision of this section shall not apply when a provisional appointee in a class receives, without a break in continuous City service, a probationary appointment to a position in a different class having a higher salary range. The salary review date of such appointee shall be the date of the probationary appointment.
O. CONSIDERATION OF EMPLOYEE REQUESTS. Any employee shall have the right to consideration by the City Manager of any request with respect to a claimed inequity resulting from the strict application of any of the sections contained herein. The employee shall submit to the Department Head a writ ten statement of the claimed inequity and the employee's request. The Department Head shall promptly forward the statement and the employee’s along with a written recommendation to the City Manager.
P. CONTINUITY OF SERVICE REQUIREMENTS. Continuous service, as required for advancement within salary ranges and for other purposes specified in this Resolution, is defined as City Employment on a probationary, regular, or acting appointment basis without break or interruption.
Q. AVOIDANCE OF INEQUITIES. The City Manager may authorize special adjustments to avoid or eliminate inequities resulting from the strict application of any of the provisions of this Resolution.
R. ADMINISTRATIVE REGULATIONS. The City Manager is authorized to issue written administrative personnel regulations designed to augment or clarify the provisions of this Resolution. Prior to issuance, such regulations shall be referred to the City Attorney as to their conformance wit h this Resolution. At least annually such regulations shall be considered for possible incorporation in a revision of this Resolution.
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EXHIBIT C – HIRING OF EMPLOYEE RELATIVES
The hiring of relatives of City employees is based upon the following criteria:
A “relative” is defined as a spouse, child, step- child, parent, step- parent, parent-in-law, legal guardian, brother, sister, brother-in-law, sister-in-law, step-brother, step-sister, aunt, uncle, niece, nephew, grandchild, grandparent, regardless of their place of residence, or any other individual related by blood or marriage living within the same household as the City employee.
An “employee” is defined as any person who receives a City payroll check for services, full or part-time rendered to the City of Buena Park.
The employment of relatives of City employees within the City of Buena Park is limited to the following situations: Any relative of a Council Member, the City Manager , or employees of the Human Resources Department shall not be considered for employment within the City of Buena Park in any capacity, either full-time or part-time.
Any relative of a City -appointed commissioner, board or committe e member, or department manager may not be considered for employment within the department or area of responsibility of such City-appointed commissioner, board or committee member or department manager. The employment of relatives of all other City employees is prohibited within the department of the existing employee when such related employee may perform joint duties, share responsibility or authority, report to the same immediate supervisor; or be supervised by or would supervise a relative.
Relatives of City employees, except for relatives of Council Members, the City Manager, Human Resources staff, City-appointed commissioners, board or department managers may be hired for seasonal assignments. However, such employment shall not exceed 20% of the compliment of seasonal employees in that classification and shall be selected only by an open recruitment process.
City employees who are related as described above, shall not be affected in their current job status except when the City Manager determines that the circumstances of such employment raises an undue hardship upon the other employees within the particular work unit and that such employment is detrimental to the supervision, safety, security or morale of the particular work unit.
If two existing City employees become married and their employment conflicts with the policy stated above, they may continue employment provided that such employment does not directly or indirectly place an undue hardship upon other employees within the particular work unit of the married couple and such employment is not detrimental to the supervision, safety, security or morale of the particular work unit. The City Manager shall determine whether or not such detriment or undue hardship exists.
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The City Manager is authorized to issue written guidelines to implement and enforce this policy. All determinations made by the City Manager shall be final and conclusive and not subject to Section 2- 136 of the Administrative Section of the City Code. In all situations where the City Manager determines a conflict to exist between existing or future related employees, the City Manager shall attempt to resolve such conflict in the following manner:
A. Attempt to redefine the job responsibilities of the related employees within the department to minimize the conflict.
B. If such redefinition of job status is not feasible, attempt to transfer one of the employees to a similar position (without guarantee of identical salary) that would not be in violation of this policy.
C. If transfer is not feasible or acceptable, request the voluntary resignation of one of the employees.
D. If one of the employees does not voluntarily resign, the employee with the least employment experience in the City of Buena Park may be discharged by the City Manager.
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EXHIBIT D – HARASSMENT IN EMPLOYMENT POLICY
I. PURPOSE OF POLICY
A. To define and issue to all employees the City’s policy on the prohibition and prevention of harassment, discrimination, retaliation and bullying in the workplace.
B. To fully inform all employees of their right to have a safe work environment and be free of unlawful harassment, discrimination, retaliation, and bullying in the workplace.
C. To fully inform all employees that the City of Buena Park does not and will not tolerate any conduct that is believed to violate this Policy in the workplace.
D. To inform all employees of their rights if they believe that they are or have been the victim of harassment, discrimination, retaliation, and bullying.
E. To provide a means for the prompt reporting and full and effective investigation of harassment, discrimination, retaliation, and bullying complaints and to provide for effective remedial action against the harasser and for the victim.
II. STATEMENT OF POLICY
It is the p olicy of the City that it will not tolerate verbal or physical conduct by any employee which harasses, discriminates, retaliates, disrupts, or interferes with another’s work performance or which creates an intimidating, offensive, or hostile environment. I n addition to prohibiting all forms of harassment, discrimination and retaliation, the City also prohibits any form of “intimidation or bullying” in the workplace or elsewhere, such as at offsite events.
Harassment or discrimination against an applicant, unpaid intern, volunteer, or employee by a supervisor, management employee, elected or appointed official, co- worker, member of the public, or contractor on the basis of race, religion , color, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), national origin, ancestry, citizenship status, disability, medical condition, genetic characteristics or information, marital status, age, sexual orientation (incl uding homosexuality, bisexuality, or heterosexuality), military or veteran status, or any other protected classification as defined below is prohibited and will not be tolerated.
This Policy applies to all terms and conditions of employment, including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training.
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Harassment violates Title VII of the Civil Rights Act of 1974, the California Government Code, and regulatory guidelines of the Equal Employment Opportunity Commission and the California Fair Employment and Housing Commission.
All employees will be expected to comply with this Policy and take appropriate measures to ensure that such conduct does not occur. Appropriate disciplinary action will be taken against any employee who violates this Policy against harassment, discrimination, retaliation, and bullying in the workplace. Based on the seriousness of the offense, disciplinary action will be taken up to and including termination.
When a violation of this Policy is reported, an investigation shall be conducted to determine if there was knowledge, or should have been knowledge, on the part of any supervisor, and whether any supervisor had failed to take immediate and appropriate corrective action.
Negligent supervision, tacit approval by “turning a blind eye”, treating the situation as a joke, failure to take action, or concealing a situation will subject the supervisor involved to disciplinary action.
Disciplinary action or other appropriate sanction up to and including termination will be instituted for prohibited behavior as defined below.
Any retaliation against a person for filing a complaint or participating in the complaint resolution process is prohibited. Individuals found to be retaliating in violation of this Policy will be subject to appropriate sanction or disciplinary action up to and including termination.
III. DEFINITION OF HARASSMENT
A. Protected Classifications: This policy prohibits harassment or discrimination because of an individual’s protected classification. “Protected Classification” includes race, religion, color, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), national origin, ancestry, citizenship status, disability, medical condition, genetic characteristics or information, marital status, age, sexual orientation (including homosexuality, bisexuality, or heterosexuality), and military or veteran status.
B. Policy Coverage: This Policy prohibits the employer, elected or appointed officials, officers, employees, or contractors from harassing or discriminating against applicants, officers, officials, employees, unpaid interns, volunteers, or contractors because of: 1) an individual’s protected classification; 2) the perception that an individual has a protected classification; or 3) the individual associates with a person who has or is perceived to have a protected classification.
C. Discrimination: This policy prohibits treating individuals differently because of the individual’s protected classification as defined in this Policy.
D. Harassment may include, but is not limited to, the following types of behavior that is taken because of a person’s protected classification. Note that harassment is T.O.P. M.O.U.
not limited to conduct that city employees take. Under certain circumstances, harassment can also include conduct taken by those who are not employees, such as elected officials, appointed officials, persons providing services under contracts, or even members of the public:
1. Verbal Harassment – For example, epithets, derogatory comments or slurs, and propositioning on the basis of a protected classification. This might include inappropriate comments on appearance, including dress or physical features, or dress consistent with gender identification, or race- oriented stories and jokes.
2. Physical Harassment – For example, assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement. This includes pinching, grabbing, patting, proposition, leering, or making explicit or implied job threats or promises in return for submission to physical acts.
3. Visual Forms of Harassment – For example, derogatory posters, notices, bulletins, cartoons, emails, pictures or drawings related to a protected classification.
4. Sexual Harassment – Unwelcome sexual advances, requests for sexual favors and other acts of a sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual’s work performance or creates an intimidating, hostile or offensive work environment.
E. Guidelines for Identifying Harassment: To help clarify what constitutes harassment in violation of this Policy, use the following guidelines:
1. Harassment includes any conduct which would be “unwelcome” to an individual of the recipient’s same protected classification and which is taken because of the recipient’s protected classification.
2. It is no defense that the recipient appears to have voluntarily “consented” to the conduct at issue. A recipient may not protest for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized.
3. Simply because no one has complained about a joke, gesture, picture, physical contact, or comment does not mean that the conduct is welcome. Harassment can evolve over time. The fact that no one is complaining now does not preclude anyone from complaining if the conduct is repeated in the future.
4. Even visual, verbal, or physical conduct between two individuals who appear to welcome the conduct can constitute harassment of a third individual who observes the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not explicitly or specifically directed at an individual.
T.O.P. M.O.U.
5. Conduct can constitute harassment in violation of this Policy even if the individual engaging in the conduct has no intention to harass. Even well - intentioned conduct can violate this Policy if the conduct is directed at, or implicates a protected classification, and if an individual of the recipient’s same protected classification would find it offensive (e.g., gifts, over attention, endearing nicknames).
F. Retaliation: Any adverse conduct taken because an applicant, employee or contractor has reported harassment, discrimination, or bullying or has participated in the complaint and investigation process described herein, is prohibited. “Adverse conduct” includes but is not limited to: taking sides because an individual has reported harassment, discrimination, or bullying, spreading rumors about a complaint, shunning and avoiding an individual who reports harassment, discrimination, or bullying, or real or im plied threats of intimidation to prevent an individual from reporting harassment, discrimination, or bullying. The following individuals are protected from retaliation: those who make good faith reports of harassment, discrimination, or bullying, those who associate with an individual who is involved in reporting harassment, discrimination, or bullying, and those who participate in the complaint or investigation process.
IV. DEFINITION OF BULLYING
A. All employees, consultants, independent contractors, and visitors have the right to be treated with respect. Bullying is the use of aggression with the intention of harming another individual. It can include any intentional written, visual, verbal, or physical act when the act physically harms the individual or damages his or her property; has the effect of interfering with an employee’s ability to work; is severe or pervasive; and creates an intimidating or threatening environment.
Bullying comes in many shapes and sizes and can take many forms including, but not limited to, excluding, tormenting, taunting, abusive comments, using threatening gestures; pushing, shoving, punching, unwanted physical contact, or any use of violence; graffiti; name calling, sarcasm, spreading rumors, and teasing. Such conduct can also occur via use of electronic or telephonic communications such as the internet, email and chat room misuse, mobile threats by text messaging, or calls or misuse of cameras and video equipment.
Under certain circumstances, bullying can also include conduct taken by those who are not employees, such as elected officials, appointed officials, persons providing services under contracts, or even members of the public.
V. DEFINITION OF EMPLOYEE
For the purposes of this policy, an employee shall be defined as any individual, regardless of classification, employed by the City of Buena Park, or job applicants, unpaid interns, volunteers, or contractors working under the supervision of the City, vendors and contract employees.
T.O.P. M.O.U.
VI. COMPLAINT PROCEDURE
A. Any employee, job applicant, unpaid intern, volunteer, or contractor who believes he or she has been the subject of harassment or any form of bullying should report the alleged act immediately verbally or in writing with any of the following. There is no need to follow the chain of command:
1. Immediate supervisor;
2. Any supervisor or manager within or outside of the department;
3. Department Head; or
4. Director of Human Resources.
B. The limitation on reporting alleged acts of harassment, discrimination, retaliation, and bullying must be within twelve months of the incident or incidents.
C. If a complaint involves a supervisor or manager, the complaint shall be filed directly with the department head or Director of Human Resources.
D. Any supervisor or department head who receives a harassment, discrimination, retaliation, or bullying complaint is to immediately notify the Director of Human Resources.
E. Upon notification of a harassment, discrimination, retaliation or bullying complaint, the Director of Human Resources will:
1. Inform the complainant of his or her right to initiate the complaint.
2. Authorize the investigation of the complaint and supervise a fair and thorough investigation of the complaint by impartial and qualified personnel and/or investigate the complaint.
3. Investigation of a complaint will include interviewing the complainant, accused harasser and any named or apparent witness. Employees shall be protected from coercion, intimidation, retaliation, interference, or discrimination for filing a complaint or assisting in an investigation.
4. All complaints will be handled in a timely and confidential manner. In no event will information be released to anyone who is not involved with the investigation; nor will anyone involved be permitted to discuss the subject outside the investigation.
5. Review factual information gathered through the investigation to reach a reasonable conclusion to determine whether the alleged conduct constitutes harassment, discrimination, retaliation, or bullying giving consideration to all factual information, the totality of the circumstances, including the nature of the verbal, physical, visual or sexual favor aspect of the advance, and the context in which the alleged incidents occurred.
T.O.P. M.O.U.
6. Timely report a summary of the results of the investigation and the determination as to whether harassment, discrimination, retaliation or bullying occurred to the appropriate person including complainant, alleged harasser, supervisor, and the department head. If discipline is imposed, the level of discipline will not be communicated to the complainant.
7. If conduct in violation of this Policy occurred, take and/or recommend to the department head prompt and effective remedial action against the harasser.
The remedial action will be commensurate with the severity of the offense.
Notify the victim that necessary steps of corrective action have been taken to resolve the problem.
8. Reasonable steps will be taken to protect the victim and other potential victims from further harassment, discrimination, retaliation, or bullying.
9. Reasonable steps will be taken to protect the victim from any retaliation as a result of communicating the complaint.
F. The City takes a proactive approach to potential Policy violations and will conduct an investigation if its officers, supervisors, or managers become aware that harassment, discrimination, retaliation or bullying may be occurring, regardless of whether the recipient or third party reports a potential violation.
G. Option to report to outside administrative agencies: An individual has the option to report harassment, discrimination, or retaliation to the U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These administrative agencies offer legal and a complaint process. The nearest offices and telephone numbers are listed on the posters that are located on City bulletin boards at the following locations:
• Human Resources Office
• Community Center
• Police Department
• City Yard
• Ehlers Event Center
• Stage Stop Hotel
VII. CONFIDENTIALITY
Every possible effort will be made to assure the confidentiality of complaints made under this Policy. However, complete confidentiality cannot occur due to the need to fully investigate and the duty to take effective remedial action. As a result, confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Director of Human Resources. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction.
The employer will not disclose a completed investigation report except as it deems T.O.P. M.O.U.
necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.
VIII. RESPONSIBILITIES
Elected Officials, Appointed Officials, Managers, and Supervisors are responsible for:
1. Modeling appropriate and respectful behavior.
2. Informing employees, volunteers, and contractors of this Policy.
3. Taking all steps necessary to prevent harassment, discrimination, retaliation or bullying from occurring.
4. Receiving complaints in a fair and serious manner, and documenting steps taken to resolve complaints.
5. Monitoring the work environment and taking immediate appropriate action to stop potential violations, such as removing inappropriate pictures or correcting inappropriate language and behavior.
6. Following up with those who have complained to ensure that the behavior has stopped and that there are no reprisals.
7. Informing those who complain of harassment, discrimination, retaliation or bullying of his or her option to contact the EEOC or DFEH regarding alleged Policy violations.
8. Assisting, advising, or consulting with employees and the Director of Human Resources regarding this Policy and Complaint Procedure.
9. Assisting in the investigation of complaints involving employee(s) in their departments and, if the complaint is substantiated, recommending appropriate corrective or disciplinary action in accordance with the City’s Personnel Rules and Regulations, up to and including termination.
10. Implementing appropriate disciplinary and remedial actions.
11. Reporting potential violations of this Policy of which he or she becomes aware, regardless of whether a complaint has been submitted, to the Director of Human Resources or the department head.
12. Participating in periodic training and scheduling employees for training.
Each employee or contractor is responsible for:
1. Modeling appropriate and respectful behavior.
2. Treating all employees, volunteers, and contractors with respect and consideration.
3. Participating in periodic training.
4. Fully cooperating with the City’s investigations by responding fully and truthfully to all questions posed during the investigation.
T.O.P. M.O.U.
5. Maintaining the confidentiality of any investigation that the City conducts by not disclosing the substance of any investigatory interview, except as directed by the department head or Director of Human Resources.
6. Reporting any act he or she believes in good faith constitutes, harassment, discrimination, retaliation or bullying as defined in this Policy, to his or her immediate supervisor, or department head, or Director of Human Resources.
IX. MANDATORY TRAINING
As part of its commitment to ensuring a work environment free from bullying, harassment, and discrimination, the City requires that all of its supervisors and elected officials receive training on this Policy at least once every two years.
Human Resources will schedule multiple training sessions in the Spring biennially to ensure that employees and elected officials are able to attend the mandatory training. Attendance at the training will be documented.
X. DISSEMINATION OF POLICY
All Elected Officials and City employees, supervisors and managers shall receive a copy of this Policy. All management personnel will be informed of their responsibilities in enforcing this policy. The Policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this Policy.
This Policy shall be posted in appropriate places.
T.O.P. M.O.U.
EXHIBIT E – ADVISORY ARBITRATION
With respect to the bargaining members in this unit, City Council Resolution 1883, Rule XVI shall be amended as follows:
Section 2: Disciplinary Procedures
(h) Appeal to City Manager : The employee, upon receipt of notice of the imposition of disciplinary action against him, shall have the right to appeal the Department Head’s decision in writing to the City Manager, except that an oral or written reprimand may not be so appealed. Said appeal shall be delivered to the City Manager within ten (10) business days of the employee’s receipt of notice of the imposition of discipline.
Otherwise, the Department Head’s action shall be final and binding.
(i) Should the employee desire to appeal the Department Head’s decision directly to advisory arbitration rather than having the matter reviewed by the City manager, he may do so by filing with the Human Resources Director within ten (10) business days of his receipt of the notice of imposition of discipline by the Department Head, a written appeal to the City Council. Said written appeal shall be in form and content as required by these rules and, in addition, shall state that the employee knowingly and intentionally waives his opportunity to have the action of the Department Head first reviewed by the City manager. In such a situation, the provisions of subparagraphs (h) and (i) of this Section 2 shall be deemed inapplicable to the subject proceeding.
…
(j) Advisory Arbitration: The employee, upon receipt of notice of the affirmation of disciplinary action against him by the City Manager, whether by way of total affirmation or modification of the Department Head’s action, shall have the right to appeal the City Manager’s decision in an advisory arbitration; except that an oral or written reprimand as provided by these Rules may not be so appealed. Said appeal shall be delivered to the Human Resources Director within ten (10) business days of the employee’s receipt of notice of the City Manager’s action. Otherwise, the City Manager’s action shall be final and binding. The advisory arbitration shall be conducted in accordance with the provisions of Section 5 of this Rule XVI.
Section 5: Advisory Arbitration
(a) Any regular employee shall have the right to appeal a decision by the City Manager involving dismissal, demotion, reduction in pay or suspension, or of a Department Head, if City Manager review is waived by the employee, provided, however that only one (1) advisory arbitration hearing shall be allowed as to any one (1) disciplinary action.
(b) The employee’s appeal shall be heard in an advisory arbitration by an impartial hearing officer selected from a list of advisory arbitrators from the California State Mediation and Conciliation Service (SMCS). The City will pay SMCS’s fee for providing the list.
(c) The employee may be represented by his/her Association/Union representative, any other regular employee of the City, or his/her attorney.
T.O.P. M.O.U.
(d) The hearing officer shall issue subpoenas to compel the attendance of witnesses, if such be necessary at the request of either party.
(e) If both parties request that the hearing be recorded by a certified shorthand reporter, then the expenses for such recording services shall be borne equally by the City and the employee. If only one party requests that the hearing be recorded by a certified shorthand reporter, then that party alone will bear the expenses. Each party shall be responsible for any specialized or extraordinary services they might individually request.
(f) The expenses for the hearing officer shall be borne equally by the City and the employee, and each party shall be responsible for expenses they incur. The maximum expense for the hearing officer borne by the employee is $2,000. Effective July 2, 2015, the Association shall be responsible for the shared expenses for the hearing officer up to a maximum $2,000 as described by this subparagraph (f).
(g) After the close of the hearing, the hearing officer shall prepare a written advisory award and findings of fact and conclusions of law based on the evidence presented at the hearing, and shall present his/her findings to the City Council and the employ ee within thirty (30) calendar days, or a longer period of time as stipulated by the parties. In rendering an award, the hearing officer shall be limited to the express terms of this document and shall not have the power to modify, amend, or delete any terms or provisions of this document. Failure of either party to insist upon compliance with any provision of this document at any given time or times under any given set or sets of circumstances shall not operate to waive or modify such provision, or in any manner whatsoever to render it unenforceable, as to any other time or times or as to any other occurrence or occurrences, whether the circumstances are, or are not, the same.
(h) At the hearing, both the appealing employee and the City shall have the right to be heard and to present evidence.
(i) Oral evidence shall be taken only on oath or affirmation. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross -examine opposing witnesses on any matter relevant to the issue even though the matter was not covered in the direct examination, to impeach any witness regardless of which party called him/her to testify, and to rebut the evidence against him/her.
(j) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules that might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.
(k) The City Council shall review the hearing officer’s recommendation, but shall not be bound thereby. The City Council shall adopt, amend, modify or reject the recommended findings, conclusions and/or opinion of the hearing officer. Prior to making a decision T.O.P. M.O.U.
which adopts the hearing officer’s recommendation, the City Council may order and read the transcript, at the Council’s discretion. Prior to making a decision which modifies or rejects the hearing officer’s recommendation, the City Council shall order and read the transcript of the Board hearing.
(l) The City Council shall not conduct a de novo hearing. The City Council may, at its sole option, allow limited oral arguments from either party before making a decision.
(m) The decision of the City Council shall be final and binding, subject only to review by the courts under California Code of Civil Procedure section 1094.5.
(n) The City staff shall notify the appellant in writing, within five working days of the City Council’s decision. Such notice shall indicate the effective date of the action to be taken.
July 8, 2025
NEW BUSINESS
Item No. 5E.
City Council Agenda Report
RESOLUTION TO ADOPT A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BUENA PARKAND THE BUENA PARK POLICE ASSOCIATION (BPPA)
PREPARED BY PRESENTED BY
Rebecca Valdez, Human Resources Manager Eddie Fenton, Assistant City Manager/Director of Human Resources
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Eddie Fenton, Assistant City Manager/HR Director Aaron France, City Manager
RECOMMENDED ACTION
1) Adopt a resolution approving a successor Memorandum of Understanding (MOU) between the City of Buena Park and the Buena Park Police Association (BPPA); and 2) Approve a budget amendment in the amount of $4,595,200 from the undesignated General Fund balance for this purpose.
PREVIOUS CITY COUNCIL ACTION
None.
DISCUSSION
The City’s labor contract with the Buena Park Police Association (BPPA) expires July 4, 2025. The City and BPPA representatives have been meeting since March 2025 to develop a successor MOU. In accordance with the Meyers-Milias-Brown Act, the City and BPPA representatives exchanged ideas and proposals, met-and-conferred on matters of concern, and have reached a tentative agreement on the terms and conditions of employment.
Attached for review and approval is a new two-year MOU. In an effort to continue positive labor relations and recognizing the value of having labor stability with employment contracts for two years with the BPPA, the City and BPPA agreed upon a five percent (5%) cost of living adjustment each year, an additional six and one-half percent (6.5%) salary adjustment for sworn and dispatch personnel, and an additional five percent (5%) salary adjustment for professional staff for the next fiscal year. As a result of the positive negotiations, a tentative agreement has been reached on a successor Memorandum of Understanding (MOU) and it was ratified by the BPPA members.
This document is presented to the City Council for review and approval as the final step in the labor negotiation process. It reflects the same language as presented to the City Council in properly-noticed closed sessions on labor negotiations, as allowed under the Brown Act. Listed below is a summary of significant changes to the successor MOU.
1. TERM
Two-year Contract: July 5, 2025 – July 2, 2027
2. BASE PAY SCHEDULE
5% Cost of Living (COLA) increase effective July 5, 2025. 5% Cost of Living (COLA) increase effective July 4, 2026.
In an effort to address recruitment and retention of police sworn and police dispatcher classifications, each employee shall receive a 6.5% salary adjustment effective July 5, 2025.
In an effort to address recruitment and retention of hard-to-fill professional staff classifications, the following classifications in the unit shall receive a 5% salary adjustment effective July 5, 2025. a. Forensic Specialist
b. Lead Police Services Officer
c. Police Records Clerk
d. Police Records Supervisor
e. Police Recruit
f. Police Services Officer
g. Property Technician
h. Traffic Enforcement Specialist
i. Administrative Assistant
j. Senior Administrative Assistant
k. Senior Account Clerk
3. SPECIAL ASSIGNMENT PAY
A sworn employee assigned to perform the duties below shall receive the following additional amounts:
Detectives $500 per month
Motor Officer $500 per month
In lieu of a take-home motorcycle for Motor Officers, the City offers said Motor Officer a monthly car allowance of $400 per month.
4. CLOTHING ALLOWANCE
Sworn personnel assigned to the special weapons and tactical unit (SWAT) shall receive an additional $670 annual allowance for the replacement and maintenance of uniforms.
5. MEDICAL INSURANCE CONTRIBUTION
For coverage effective: July 1, 2025
Employee Only $1,248 ($50 increase) Employee & One Dependent $1,820 ($100 increase) Employee & 2 + Dependents $2,269 ($150 increase) For coverage effective: July 1, 2026
Employee Only $1,298 ($50 increase) Employee & One Dependent $1,920 ($100 increase) Employee & 2 + Dependents $2,419 ($150 increase)
6. DENTAL INSURANCE ENHANCEMENTS
Effective January 1, 2026 - Increase Ortho Lifetime Maximum to $2,000 and add Adult Ortho coverage for both Plan A & B.
Increase the number of teeth cleanings to three cleanings for both Plan A & B.
7. VISION INSURANCE ENHANCEMENTS
Effective January 1, 2026 - Increase Frames and Contact Lens Allowances to $200.
Add second Pair Benefit for $20 co-pay. Second Pair can be used for second pair of glasses or Contact Lenses.
8. INTRODUCE AN ALTERNATIVE WORK SCHEDULE (“4/11 – 3/11” shift schedule) 4/11 – 3/11 Compressed Work Schedule for Patrol, Dispatch, and Records Employees would alternate weekly, working four 11-hour shifts one week and three 11-hour shifts the following week, totaling 77 hours worked over two weeks. This leaves the employee three hours short of the standard 80 hours biweekly. Over a 28-day cycle, the employee would owe six hours (payback).
BUDGET IMPACT
The total budget impact for the implementation of the proposed Memorandum of Understanding over the two-year term of the agreement is estimated at $4,595,200. A budget amendment in the amount of $4,595,200 is required to fund the agreement. These changes comply with the authorization provided by the City Council.
Attachments
Reso MOU for BPPA 2025 Att1of2 Reso.pdf
Police MOU 2025.07.08 Final.pdf
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BUENA PARK, CALIFORNIA, APPROVING A NEW
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY AND THE BUENA PARK POLICE ASSOCIATION
EFFECTIVE JULY 5 , 2025, AND SUPERSEDING
RESOLUTION NO. 14696
WHEREAS, the City Council has designated the Assistant City Manager/ Director of Human Resources as the City of Buena Park’s lead negotiator to meet and confer in good faith with the representatives of the Buena Park Police Association (Association); and
WHEREAS, pursuant to the provisions of the Meyers -Milias-Brown Act (Government Code Section 3500, et seq.) the Assistant City Manager/Director of Human Resources has met and conferred in good faith with the representatives of the Association on matter s relating to wages, hours, and other terms and conditions of employment; and
WHEREAS, said representatives of the City and the Association have reached a tentative agreement and have jointly prepared a written Memorandum of Understanding and Compensation Plan which are attached to this resolution and incorporated herein; and
WHEREAS, such agreement is within the parameters established by the City Council for an agreement with the Association; and
WHEREAS, the City Council finds that the terms and conditions of this agreement are proper and in the best interest of the City;
NOW, THEREFORE, the City Council of the City of Buena Park does hereby resolve, determine and order as follows:
Section 1: The Memorandum of Understanding between the City and the Association dated June 6, 2023, is hereby repealed.
Section 2: Resolution No. 14696 is superseded. All conflicting Resolutions of the City are repealed.
Section 3: The Memorandum of Understanding between the City and the Association effective July 5, 2025, and attached hereto is approved.
PASSED AND ADOPTED this 8th day of July 2025, by the following called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
RESOLUTION NO. _______
______________________________________
Mayor
ATTEST:
_______________________________
City Clerk
I, Adria M. Jimenez, City Clerk of the City of Buena Park, California, hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park, held this 8th day of July 2025. ______________________________________
City Clerk
July 5, 2025 – July 2, 2027
BUENA PARK POLICE
ASSOCIATION
MEMORANDUM OF
UNDERSTANDING
NO. 25-27
ADOPTED ____, RESOLUTION NO. ____
MEMORANDUM OF UNDERSTANDING
BUENA PARK POLICE ASSOCIATION
TABLE OF CONTENTS
EMPLOYER – EMPLOYEE RELATIONS
PREAMBLE 1
ARTICLE 1 – TERM 1
ARTICLE 2 – REPRESENTATION AND RECOGNITION 1
ARTICLE 3 – MANAGEMENT RIGHTS 1
ARTICLE 4 – EXISTING CONDITIONS OF EMPLOYMENT 2
ARTICLE 5 – MEET AND CONFER PROCESS 2
ARTICLE 6 – SAVINGS AND REOPENER 2
PAY
ARTICLE 7 – ASSIGNMENT OF CLASSES TO PAY RANGES 3
ARTICLE 8 – BASE PAY SCHEDULE 3
ARTICLE 9 – BILINGUAL PAY 4
ARTICLE 10 – LONGEVITY PAY 4
ARTICLE 11 – SPECIAL ASSIGNMENT PAY 4
ARTICLE 12 – SHIFT DIFFERENTIAL PAY 5
ARTICLE 13 – MATRON PAY 5
ARTICLE 14 – OVERTIME PAY 5
ARTICLE 15 – EDUCATION PROGRAM 10
ARTICLE 16 – CLOTHING ALLOWANCE 12
ARTICLE 17 – VEHICLE USE 13
ARTICLE 18 – CHILD CARE REIMBURSEMENT PROGRAM 13
RETIREMENT
ARTICLE 19 – PUBLIC EMPLOYEES RETIREMENT SYSTEM 14
ARTICLE 20 – SOCIAL SECURITY 16
ARTICLE 21 – MEDICARE 17
INSURANCE
ARTICLE 22 – MEDICAL INSURANCE 17
ARTICLE 23 – DENTAL INSURANCE 22
ARTICLE 24 – VISION INSURANCE 23
ARTICLE 25 – LONG TERM DISABILITY INSURANCE 23
ARTICLE 26 – LIFE INSURANCE 23
ARTICLE 27 – CAFETERIA PLAN 23
ARTICLE 28 – ADMINISTRATION 24
LEAVES
ARTICLE 29 – HOLIDAYS 25
ARTICLE 30 – VACATION 25
ARTICLE 31 – SICK LEAVE 27
ARTICLE 32 – BEREAVEMENT LEAVE 30
ARTICLE 33 – WORKERS COMPENSATION 30
WORKING CONDITIONS
ARTICLE 34 – JURY DUTY 31
ARTICLE 35 – OTHER LEAVES 31
ARTICLE 36 – PAY PERIODS 33
ARTICLE 37 – ATTENDANCE 33
ARTICLE 38 – HOURS OF WORK AND SCHEDULES 33
ARTICLE 39 – 4/10 PLAN 34
ARTICLE 40 – 3/12 PLAN 36
ARTICLE 41 – 4/11-3/11 PLAN 38
ARTICLE 42 – SUBSTANCE ABUSE 39
ARTICLE 43 – NO SMOKING CLAUSE 39
ARTICLE 44 – BUMPING PROCEDURE 40
ARTICLE 45 – PUBLIC SAFETY OFFICER PROCEDURAL BILL OF RIGHTS 40 ARTICLE 46 – GRIEVANCE PROCEDURE/CIVIL SERVICE ORDINANCE AND RESOLUTION 40
ARTICLE 47 – ADVISORY ARBITRATION 42
ARTICLE 48 – PERFORMANCE EVALUATION 42
ARTICLE 49 – MEDICAL EXAMINATION 42
SIGNATURES 43
EXHIBITS
EXHIBIT A – SWORN GROUP – PAY SCHEDULE 44
EXHIBIT B – PROFESSIONAL STAFF – PAY SCHEDULE 45
EXHIBIT C – COMPENSATION PLAN 47
EXHIBIT D – HIRING OF EMPLOYEE RELATIVES 52
EXHIBIT E – HARASSMENT IN EMPLOYMENT POLICY 54
EXHIBIT F – ADVISORY ARBITRATION 63
B.P.P.A. M.O.U.
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF BUENA PARK, CALIFORNIA
(Hereinafter called CITY)
and
THE BUENA PARK POLICE ASSOCIATION
(Hereinafter called ASSOCIATION)
EMPLOYER – EMPLOYEE RELATIONS
PREAMBLE
Pursuant to California law, representatives of the City and the Association (a duly recognized employee organization) , have met and conferred in good faith and have reached an agreement and recommend that the Buena Park City Council adopt this Memorandum of Understanding (MOU).
ARTICLE 1 – TERM
The term of this Memorandum of Understanding shall be July 5, 2025, through midnight on July 2, 2027, unless otherwise specified in provisions hereinafter. Terms and conditions of employment already in effect on July 4, 2025, shall be considered minimums for the purpose of this agreement except as amended or repealed by specific provisions hereinafter.
ARTICLE 2 – REPRESENTATION AND RECOGNITION
The Association is the only employee organization entitled to meet-and-confer in good faith on matters within the scope of representation on behalf of employees in the Police Unit, which shall consist solely of the classifications listed in Exhibit A and B.
ARTICLE 3 – MANAGEMENT RIGHTS
Except as expressly abridged or modified herein, the City retains all rights, powers and authority with respect to the management and direction of the performance of City services and the work forces performing such services, provided that nothing herein shall change the City’s obligation to meet -and-confer on all matters relating to employment conditions and employer-employee relations including, but not limited to, wages, hours, and terms and conditions of employment or be construed as granting the City the right to make unilateral changes on matters within the scope of representation. However, the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law and executive order.
Neither the City nor the Association waives any rights under the law by agreeing to this clause and it is the intent of the parties that the scope of representation be defined by California statutory and case law.
B.P.P.A. M.O.U.
ARTICLE 4 – EXISTING CONDITIONS OF EMPLOYMENT
Except as expressly provided herein, during the term of this Memorandum of Understanding there shall be no changes in existing benefits, and terms and conditions of employment which have been expressly provided in prior Memoranda of Understanding, and/or expressly provided in the various Ordinances and Resolutions of the City of Buena Park.
ARTICLE 5 – MEET AND CONFER PROCESS
The Association and City have met and fully discussed terms and conditions of employment. Under the Meyers-Millias-Brown Act, no additional items will be placed under discussion for purposes of meet-and-confer unless mutually agreed.
The parties shall cooperate to improve the format, clarity, and consistency of the Memorandum of Understanding.
ARTICLE 6 – SAVINGS AND REOPENER
In the event that any portion of this Memorandum of Understanding is found to be unlawful or unenforceable by a court of competent jurisdiction, such defect shall not affect the lawfulness of enforceability of any other portion.
In the event that any state or federal legislative, executive or judicial act purports to negate any economic wage or other term or condition of employment under this agreement, the parties agree to discuss whether the state or federal act should be challenged in a court of competent jurisdiction while the agreement remains unchanged, or in the alternative, whether the agreement should be reopened for the sole purpose of agreement upon an equivalent economic wage or other term or condition of employment whi ch would be legally permissible under the terms of the state or federal act . A decision to leave the agreement unchanged and challenge the state or federal act must be made by the mutual agreement of the City and the Association.
B.P.P.A. M.O.U.
PAY
ARTICLE 7 – ASSIGNMENT OF CLASSES TO PAY RANGES
Each classification is assigned to a pay range as shown in Exhibit A and B.
ARTICLE 8 – BASE PAY SCHEDULE
A. The schedule of base pay rates is contained in Exhibit A and B.
B. All classifications in Exhibit A – Sworn Group Pay Schedule shall receive a 5% increase to each step within the pay schedule effective July 5, 2025.
C. All classifications in Exhibit B – Professional Staff Group Pay Schedule shall receive a 5% increase to each step within the pay schedule effective July 5, 2025.
D. All classifications in Exhibit A – Sworn Group Pay Schedule shall receive a 5% increase to each step within the pay schedule effective July 4, 2026.
E. All classifications in Exhibit B – Professional Staff Group Pay Schedule shall receive a 5% increase to each step within the pay schedule effective July 4, 2026.
In an effort to address recruitment and retention of sworn and dispatcher classifications:
F. All classifications in Exhibit A – Sworn Group Pay Schedule shall receive a 6.5% salary adjustment to each step within the pay schedule effective July 5, 2025.
G. Police Dispatcher series classifications in Exhibit B – Professional Staff Group Pay Schedule shall receive a 6.5% salary adjustment to each step within the pay schedule effective July 5, 2025.
In an effort to address recruitment and retention of hard- to-fill Police Department classifications:
H. The following classifications in Exhibit B – Professional Staff Group Pay Schedule shall receive a 5 % salary adjustment to each step within the pay schedule effective July 5, 2025.
a. Forensic Specialist
b. Lead Police Services Officer
c. Police Records Clerk
d. Police Records Supervisor
e. Police Recruit
f. Police Services Officer
g. Property Technician
h. Traffic Enforcement Specialist
B.P.P.A. M.O.U.
i. Administrative Assistant
j. Senior Administrative Assistant
k. Senior Account Clerk
ARTICLE 9 – BILINGUAL PAY
An employee hired before October 13 , 2012, shall receive an additional four percent of base pay if the following conditions are met:
A. The employee passes a qualifying examination administered by the Human Resources Office.
B. The employee must use bilingual skills as required by the City.
A Professional employee hired on or after October 13, 2012, shall receive an additional $70 per month. Police Dispatcher, Lead Police Dispatcher, and Police Dispatch er Supervisor Job Classifications shall receive an additional $300 per mont h. A safety employee hired on or after October 13, 2012, shall receive an additional $300 per month if the conditions listed above (A & B) are met.
ARTICLE 10 – LONGEVITY PAY
A. The City agrees to implement a longevity pay program to be administered in the following manner:
1. Employees with 20-24 years of City service shall receive a three (3%) base salary adjustment on an annual basis.
2. Employees with 25 years or more of City Service shall receive a five (5%) base salary adjustment on an annual basis.
ARTICLE 11 – SPECIAL ASSIGNMENT PAY
A. SPECIAL ASSIGNMENTS. A sworn employee assigned to the duties indicated shall receive the following additional amounts:
Monthly Rate
• Motor Officer $500
• Detectives $500
• Professional Standards Sergeant $150
• Commercial Enforcement Officer $150
• Mounted Patrol $500
In lieu of a take- home motorcycle for Motor Officers, the City offers said Motor Officer a monthly car allowance of $400 per month.
B.P.P.A. M.O.U.
B. EXTRA DUTY DETAIL. Businesses and community agencies contract with the Police Department to provide police services such as security at special public and private events. The work performed is solely at the employee’s option and the employer is separate and independent from the primary employer (the City). The extra duty detail rate is paid at Step 7 of the Police Officer classification at time and one-half.
ARTICLE 12 – SHIFT DIFFERENTIAL PAY
A. Professional Staff who work on Watch #1 (2130 – 0730) or Watch #3 (1630- 0230) shall receive additional monthly pay in accordance with this schedule:
Time Worked Pay
• Full-Time $175.00
• Less than full-time but more than one day per pay period $ 87.50
B. A sworn employee assigned to the patrol bureau and assigned full -time to the overnight shift Watch #1 (2130 – 0730) deployment shall receive an additional $150 per month.
C. A Police Sergeant assigned to the patrol bureau and assigned full -time to the overnight shift Watch #1 (2130 – 0730) deployment shall receive an additional $200 per month.
ARTICLE 13 – MATRON PAY
A full-time Police Records Clerk assigned by the Chief of Police (or designee) to search female prisoners and assist in the booking process shall receive an additional $150 per month.
ARTICLE 14 – OVERTIME PAY
A. OVERTIME. An employee required to work in excess of 40 hours in a seven day cycle shall receive pay at the rate of time and one- half his/her regular rate of pay . T he regular rate of pay shall include the following components in addition to base pay:
• Shift Differential
• Educational Incentive
• Bilingual Pay
• Acting Pay
• Special Assignment Pay
• Longevity Pay
• Excess Medical
• Waiver of Medical Insurance
B.P.P.A. M.O.U.
In determining an employee's eligibility for the overtime regular rate, paid and unpaid leaves of absences shall be excluded from the total hours worked. Paid leaves of absence include, but are not limited to, the following:
• Vacation
• Holiday Leave
• Sick Leave
• Administrative Leave
• Compensatory Leave
• Workers' Compensation Leave
• Jury Duty
• Bereavement Leave
• Military Leave
For overtime not otherwise paid at the regular rate, it shall be paid at time and one- half of the hour ly equivalent of the employee's base pay rate for all hours worked in excess of the employee's daily work schedule, or for all hours earned in excess of 40 hours per week. The term "earned" shall include hours for vacation, holiday, sick leave and jury duty.
Notwithstanding the above, an employee assigned to patrol who must work overtime beyond the end of his/her regularly scheduled shift ("shift extension duty" due to such activities as dispatched calls, processing arrests, report writing, and jail transportation), shall be entitled to time and one- half overtime irrespective of paid leave time exclusions.
Notwithstanding the above, an employee called to Court on his/her off-duty hours shall be entitled to time and one-half overtime irrespective of paid leave time exclusions.
There shall be no pyramiding of overtime. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked.
B. COMPENSATORY TIME.
1. Fair Labor Standards Act ( FLSA). In lieu of receiving overtime pay pursuant to Paragraph A above, an employee may elect to receive compensatory time off on a time and one-half basis. The employee shall be allowed to "bank" compensatory time at a time and one-half basis. No employee shall accrue more than 100 hours of such compensatory time without the approval of the Chief of Police (t his 100 hour maximum bank is in conjunction with Section 2 below). Should any employee exceed 100 hours of accrued compensatory time, he/she shall be paid at time and one-half his/her regular rate. One time annually (Fiscal Year) an employee may cash out up to 40 hours.
B.P.P.A. M.O.U.
An employee may use such compensatory time within a reasonable period after making the request if the use of compensatory time does not unduly disrupt the operations of the department.
2. Non Fair Labor Standards Act ( Non-FLSA). Overtime hours not otherwise subject to the FLSA regular rate of pay (after taking paid leave time exclusions into account) may be t aken as compensatory time off. Such hours shall be earned, banked, and taken off at the straight time rate. No employee shall accrue more than 100 hours of such compensatory time. (This 100 hour maximum bank is in conjunction with Section 1 above). Should any employee exceed 100 hours of accrued compensatory time, he/she shall be paid at time and one-half his/her base rate.
C. AUTHORIZATION.
1. All overtime requests must have the prior authorization of a supervisor prior to the commencement of such overtime work . Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Calls for service beyond the end of duty time are considered as authorized.
2. An employee's failure to obtain prior approval may result in the denial of the overtime request.
3. The City may prescribe reasonable periods of overtime work to meet its operational needs.
D. CLOTHES CHANGING. Employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on duty. Each employee is provided with a locker for his/her own personal convenience. A n employee may or may not utilize the locker for storage and changing purposes at his/her own discretion.
Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her residence to work.
Time spent in changing clothes before or after a shift, is not considered time worked and is not compensable in any manner whatsoever.
E. TRAINING TIME . Training time outside normally scheduled work hours shall be compensated pursuant to Code of Federal Regulations (CFR), Section 785.27, et seq.
Travel time outside normally scheduled work hours shall be compensated pursuant to CFR Section 785.33, et seq.
When feasible, the Department will adjust the employee's work schedule to minimize the impact of travel and training time.
B.P.P.A. M.O.U.
F. CITY VEHICLE USE. An employee who is provided with a City vehicle (including motorcycles) to travel to and from work shall not be compensated in any manner whatsoever for such travel time in the City vehicle.
This provision also applies in those situations where the radio must be left on and monitored.
This provision does not preclude compensation in those situations in which an employee is required to perform emergency law enforcement duties during his/her travel to or from work as required by law. In such cases, appropriate compensation shall be provided.
G. CALL-BACK PAY. Call-back duty occurs when an employee is ordered to return to duty on a non- regularly scheduled work shift. Call-back does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift. An employee called back to duty shall be credited with a minimum of two hours work commencing when he/she leaves his/her residence, except that if the call-back is to attend a City or Departmental meeting, travel time shall not be considered as time worked.
Any call-back lasting two hours or less shall result in a credit for two hours worked.
When added to the 10 hour day or 40 hour work week an employee shall end up with a net result of three (3) hours pay or compensatory time (2 hours at time and one - half). Any call-back lasting more than two hours shall result in a credit for actual hours worked. When this credit is added to the 10 hour day or 40 hour work week, the net result will be time and one-half the actual hours worked on the call-back.
Similar calculations as outlined above will be used when an employee is entitled to a four hour call out because the call-back occurs on Sunday, a holiday, or between 12:01 a.m. and 7:00 a.m.
The above provision shall not result in a double payment for call outs lasting less than two hours (or when applicable, four hours) . For instance, if an employee works one hour on a call out, he/she shall be credited with two hours, resulting in three hours of pay or comp time after application of time and one- half. He/she shall not be entitled to the one hour at time and one-half plus the two hour minimum.
This provision is to be distinguished from “Court Standby” pay in Section I, which is to be used when an employee is called back to court.
H. COURT PAY. When an employee is physically called to court, while off duty, he/she shall be credited time and a half for the time actually spent in court. An employee shall be credited with a minimum of three (3) hours for the court appearance. T ravel time shall be not considered time worked and shall not be compensated in any manner whatsoever.
B.P.P.A. M.O.U.
Notwithstanding the above, an employee who is required to travel outside the normal Orange County area may file a request for paid travel time with the Chief of Police or designee. Determination if the request is unusual travel outside the norm rests solely with the Chief or designee. Upon approval, the employee shall be paid travel time equivalent to the lesser of:
1. travel from the employee’s home to court or,
2. travel from the police department to court.
Determination of what is the lesser travel time shall be made by the Chief or designee.
I. COURT STANDBY. An employee may leave a telephone number where he/she may be reached while on court standby . Such time is not considered hours worked under the FLSA and will not be compensated except as set forth below.
The City shall compensate employees at the rate of two hours for any portion of the a.m. If the standby continues into the afternoon the City shall compensate employees at the rate of two hours for any portion of the p.m. standby duty.
An employee who receives a standby or appearance subpoena for an afternoon court session, which subpoena is cancelled on the date of the subpoena, shall be paid for one hour at his/her regular hourly rate in consideration of the late cancellation.
This payment is being made pursuant to the MOU, not pursuant to FLSA . T ime compensated in the above manner shall not constitute hours worked for purposes of FLSA.
J. CANINE ASSIGNMENT. Each canine handler shall be credited with 15 hours of compensatory time each month for the care, feeding, grooming, exercise, training and companionship of his/her assigned dog.
K. TRAINING DUTY. An employee in the classification of Police Officer or Police Dispatcher who is required by the City to train another Police Officer or Police Dispatcher, respectively, and to write a daily performance evaluation of such training shall be credited with one hour of overtime pay for each day such duties are performed.
L. FAIR LABOR STANDARDS ACT (FLSA) E xemptions. Although the following classifications are part of the Association, they are designated as exempt employees as defined by the Fair Labor Standards Act (FLSA):
Classification Title
CRIMES ANALYST
B.P.P.A. M.O.U.
As a result, FLSA exempt personnel are not eligible to accrue compensatory time or be paid overtime. Each employee shall receive 40 hours of administrative leave per fiscal year. Administrative leave must be taken by June 30 each year and no part of it may be carried over into the next fiscal year.
Additional time may be granted by the employee’s department head for time spent at required meetings and special events.
The definition of meetings and special events includes:
• City job-related emergencies.
• City Council meetings.
• City Commission or Committee meetings, or
• Any meeting or special event approved in advance by the department head or his/her designee.
ARTICLE 15 – EDUCATION PROGRAM
A. REIMBURSEMENT.
1. An employee who is pre-approved by the department head to attend a specified, off-duty education course shall receive reimbursement for certain expenses.
An approved education course is defined as off -duty instruction that will be mutually and immediately beneficial to the employee and the City.
2. Prior to enrolling in the class, an employee desiring reimbursement for expenses shall acquire the d epartment head's approval as to course content and its relationship to the employee’s City employment. On completion of the course, with a grade of "C" or better, the employee shall submit a Request for Educational Reimbursement form to the department head along with a copy of the official transcripts and receipts for total cost of the course.
3. Effective January 1, 2024, on approval by Human Resources and Finance, the employee shall then be reimbursed up to a maximum of $5,000 per calendar year for tuition, transportation costs where appropriate, registration fees and related expenses necessary for completion of the course. The cost of books required for the course shall be reimbursed at actual cost; this reimbursement is not part of the $5,000 maximum described above.
4. Reimbursement will be made only for coursework taken within the current calendar year ( January 1 – December 31) . The difference between the City’s maximum obligation during any calendar year and the total amount of actual reimbursement received by the employee during that calendar year shall not be carried over or be available for use by the employee in any subsequent year.
B.P.P.A. M.O.U.
5. A copy of the official transcript shall be forwarded to the Human Resources Office for retention in the employee's education file.
B. EDUCATIONAL INCENTIVE ALLOWANCE.
1. Sworn employees shall receive an additional allowance as follows:
• P.O.S.T. Intermediate Certificate
and/or A.S. or A.A. degree
4% of base pay
• P.O.S.T. Advanced Certificate,
and/or B.S. or B.A. degree
9% of base pay
• Completion of the Supervisory
Leadership Institute (SLI)
10% of base pay
Employees shall be offered the
opportunity to attend SLI after
completion of probation and prior to
completing 48 months as a
supervisor.
• M.A., M.S. or J.D. degree 12% of base pay
No employee may receive more than one educational incentive benefit at one time.
2. All Police Dispatcher series classifications shall receive an additional allowance as follows:
• P.O.S.T. Intermediate Certificate
and/or A.S. or A.A. degree
$300 per month
• P.O.S.T. Advanced Certificate,
and/or B.S. or B.A. degree
$625 per month
• Completion of the Civilian
Leadership Institute (CLI)
$700 per month
Employees shall be offered the
opportunity to attend CLI after
completion of probation and prior to
completing 48 months as a
supervisor.
• Master’s or Ph.D. degree $750 per month
B.P.P.A. M.O.U.
3. Professional Staff with a job-related (as determined by the City) degree or P.O.S.T. certificate from an accredited educational institution shall receive an additional allowance as follows:
• P.O.S.T. Intermediate Certificate
and/or A.S. or A.A. degree
$60 per month
• P.O.S.T. Advanced Certificate,
and/or B.S. or B.A. degree
$90 per month
• Master’s or Ph.D. degree $120 per month
No employee may receive more than one educational incentive benefit at one time.
ARTICLE 16 – CLOTHING ALLOWANCE
A. Sworn personnel shall receive an $800 annual allowance for the replacement and maintenance of uniforms.
B. Sworn personnel assigned to the Special Weapons and Tactical Unit (SWAT) shall receive an additional $670 annual allowance for the replacement and maintenance of uniforms.
C. Officers assigned to motorcycle enforcement shall receive two pairs of motorcycle britches each July.
D. Newly-hired sworn personnel shall receive all necessary safety equipment including the following:
• Department approved firearm • Duty jacket
• All leather or nylon gear • Rain suit
• Baton • Rain boots
• Two complete sets of uniforms • Uniform cap
• Chemical mace • Handcuffs
• Bullet-proof vest • Helmet
E. An employee in a classification listed below shall receive a $500 annual allowance for the replacement and maintenance of uniforms.
• Clerical employees • Forensic Specialist
• Police Dispatchers • Crimes Analyst
• Parking Enforcement Specialists • Property Technician • Police Service Officers
B.P.P.A. M.O.U.
F. Newly hired professional staff shall receive the necessary uniforms upon initial hire .
They then shall receive an annual allowance as described above for replacement and maintenance of uniforms.
G. Any part or portion of a uniform rendered unacceptable by any act of employment shall be replaced at City expense. Age of uniform and general wear and tear will be considered in the determination of the amount of reimbursement.
H. Upon separation, all employees shall return to the City any usable items that were obtained from City funds.
ARTICLE 17 – VEHICLE USE
A. An employee required to use a personal vehicle for City business shall be reimbursed at the rate allowed by the Internal Revenue Service or the amount reimbursed under fully reimbursed Police Officers Standards and Training (P.O.S.T.) activities, whichever is greater.
B. The Chief of Police may assign three Detectives to use a City vehicle to commute to and from work and may be used for personal reasons within a 10 mile radius of residence or work or for personal emergencies if no personal vehicle is available. The rules governing use of such vehicles shall be established by the City. The employees assigned to said vehicles shall report to work when required by the City.
C. The parties shall meet-and-confer on the rules governing the use of City Vehicles for personal use within a ten mile radius.
ARTICLE 18 – CHILD CARE REIMBURSEMENT PROGRAM
A. Employees who have qualified dependent(s) between the ages of 0 and 5 (under 6) years old shall receive an additional $100 per month, per child, for child care assistance.
B. Qualifying dependents are natural born child, adopted child, step child, and/or parent- child relationship.
C. Child care reimbursement payments will not be considered compensation reportable to CalPERS or included in the calculation of the regular rate of overtime, benefits, or any other purpose.
B.P.P.A. M.O.U.
RETIREMENT
ARTICLE 19 – PUBLIC EMPLOYEES RETIREMENT SYSTEM
A. RETIREMENT PLAN. The City shall maintain its contract for a pension plan with the California Public Employees Retirement System (CalPERS), as originally adopted on March 1, 1964, and amended thereafter.
B. CONTRACT OPTIONS. The City’s contract with CalPERS shall include the following options:
Government
Code Section Safety Miscellaneous
1. One Year Highest
Compensation
20042
2. Military Service Credit as
Public Service
21024
3a. 2.5% at 55 – Full Formula 21354.4 (1)
3b. 2.5% at 55 – Modified
Formula
21354.4 (2)
4. 3% at 50 – Full Formula 21362.2
5. Fourth Level of 1959
Survivor Benefit
21574
6. Post Retirement Survivor
Allowance
21624
and 21626
7. Pre-Retirement Optional
Settlement 2 Death Benefit
21548
(1) Employees hired after March 31, 1972
(2) Employees hired on or before March 31, 1972
C. SECOND TIER CONTRACT OPTIONS. The City’s contract with CalPERS for employees hired on or after December 22, 2012, shall include the following options:
Government
Code Section Safety Miscellaneous
1. Three Highest Years
Compensation
20037
B.P.P.A. M.O.U.
2. Military Service Credit as
Public Service
21024
3. 2% at 60 – Full Formula 21353
4. 2% at 50 – Full Formula 21362
5. Fourth Level of 1959
Survivor Benefit
21574
6. Post Retirement Survivor
Allowance
21624
and 21626
7. Pre-Retirement Optional
Settlement 2 Death Benefit
21548
D. THIRD TIER CONTRACT OPTIONS. The City’s contract with CalPERS for employees hired on or after January 1, 2013, shall include the following options:
Government
Code Section Safety Miscellaneous
3. Three Highest Years
Compensation
7522.32
4. Military Service Credit as
Public Service
21024
3. 2% at 62 – Full Formula 7522.20
4. 2.7% at 57 – Full Formula 7522.25
5. Fourth Level of 1959
Survivor Benefit
21574
6. Post Retirement Survivor
Allowance
21624
and 21626
7. Pre-Retirement Optional
Settlement 2 Death Benefit
21548
E. CONTRIBUTIONS – SAFETY EMPLOYEES.
1. Employees shall pay the full nine percent (9%) member contribution via payroll deduction on a pre-tax basis.
B.P.P.A. M.O.U.
2. Employees hired on or after January 1, 2013, shall pay 50% of the normal cost rate for the benefit formula 2.7% at Age 57 via payroll deduction on a pre-tax basis (Government Code Section 7522.30).
3. 1959 Survivor. Each employee shall pay the employee share required by CalPERS (currently $2.00 per month) and the City will pay the employer cost.
F. CONTRIBUTIONS – MISCELLANEOUS EMPLOYEES.
1. Employees hired before December 22, 2012, the full eight percent (8%) cost of the CalPERS member contributions shall be paid by each miscellaneous employee via payroll deduction on a pre-tax basis.
2. Employees hired on or after December 22, 2012, the full seven percent (7%) cost of the CalPERS member contributions shall be paid by each miscellaneous employee via payroll deduction on a pre-tax basis.
3. Employees hired on or after January 1, 2013, shall pay 50% of the normal cost rate for the benefit formula 2% at Age 62 via payroll deduction on a pre- tax basis (Government Code Section 7522.30).
4. 1959 Survivor Benefit. Each employee will pay the employee share required by CalPERS (currently $2.00 per month) and the City will pay the employer costs.
ARTICLE 20 – SOCIAL SECURITY
In the event the City and its employees are required to participate in the Federal Social Security program, the contribution designated by law to be the responsibility of the employee, and shall be paid in full by the employee. The City shall not be obligated to pay or "pick-up" any portion thereof.
B.P.P.A. M.O.U.
INSURANCE
ARTICLE 21 – MEDICARE
Employees hired by the City on or after April 1, 1986, shall pay the designated employee contribution to participate in the Medicare Program and the City shall be under no obligation to pay or “pick-up” any such contributions.
ARTICLE 22 – MEDICAL INSURANCE
A. The City shall provide group medical insurance under the California Public Employees' Medical and Hospital Care Act (PEMHCA).
B. City Contribution. The City shall contribute the following monthly amounts for group medical insurance. Any additional contribution necessary to maintain group medical insurance shall be borne solely by the employee.
1. Persons Hired On or Before June 30, 1999.
Employees
For coverage effective: July 1, 2025
• Employee Only $1,248
• Employee & One Dependent $1,820
• Employee & 2 + Dependents $2,269
For coverage effective: July 1, 2026
• Employee Only $1,298
• Employee & One Dependent $1,920
• Employee & 2 + Dependents $2,419
Retirees
• Retiree Only $200.00
• Retiree & 1 Dependent $310.00
• Retiree & 2 + Dependents $420.00
2. Persons Hired On or After July 1, 1999.
Employees
For coverage effective: July 1, 2025
• Employee Only $1,248
• Employee & One Dependent $1,820
• Employee & 2 + Dependents $2,269
B.P.P.A. M.O.U.
For coverage effective: July 1, 2026
• Employee Only $1,298
• Employee & One Dependent $1,920
• Employee & 2 + Dependents $2,419
Retirees
The City’s contribution for retirees who were hired on or after July 1, 1999, is determined by the California Public Employees Retirement System (CalPERS) in accordance with Section 22892 of the Public Employees’ Medical and Hospital Care Act ( PEMHCA). The contribution amounts are subject to change each calendar year based on changes to the medical care component of the Consumer Price Index.
• For coverage effective January 1, 2025: $158.00/month per retiree. • For coverage effective January 1, 2026: $162.00/month per retiree. • For coverage effective January 1, 2027: To be determined by CalPERS
C. EXCESS MEDICAL. An employee who selects a health insurance plan which cost s less than the City’s maximum monthly contribution may have the difference placed in his/her deferred compensation account, purchase products available through the City’s Cafeteria plan, or receive a cash payout. For example, an employee with two or more dependents is entitled to a maximum monthly contribution of $2,269 per month.
If he/she has a health insurance plan which costs $1,203.05 per month, the employee is entitled to $1,065.95 per month in excess medical.
D. WAIVER OF MEDICAL INSURANCE.
1. An employee may elect to not be covered by a City group medical insurance plan if he/she provides proof of coverage from another group medical insurance source.
The City may require proof of coverage at any time.
2. An eligible employee may elect to have the City’s monthly contribution applied to his/her deferred compensation account, the purchase of products offered through the Cafeteria Plan, and/or receive a cash payout.
The City Contributions shall be: $923.00 per month
E. SERVICE RETIREMENT ACCOUNT (SRA). In addition to the Contribution pursuant to the CalPERS contract, employees hired on or after July 1, 1999, will be allowed to bank accrued sick leave time for use upon Retirement from Service, into a Service Retirement Account to defer out -of-pocket expenses for purchasing group medical insurance under the City’s program. The City will participate in the SRA by matching the employee contribution on a two-for-one (2:1) basis.
B.P.P.A. M.O.U.
1. SRAs are not subject to fellow employee donations of sick leave or any other leave provisions. However, the SRA will be coordinated with the City’s Sick Leave Buyback program.
2. To be eligible, an employee must have a sick leave balance of at least of 480 hours, and must maintain at least 480 hours of sick leave after making such deposit.
3. An eligible employee may place up to one- half of any unused portion of his/her annual sick leave accrual into the SRA, with the City matching contribution of two- to-one (2:1). This provision will be coordinated with the sick leave buyback provision, thereby limiting buyback and SRA deposits to one- half of any unused portion of their annual sick leave accrual.
4. The SRA is not subject to bearing interest. Eligible employee deposits and the City’s matching contributions are flat deposits.
5. Sick leave placed in the SRA will be converted into cash at the employee’s base pay rate and thus will no longer be available as sick leave once deposited in the SRA.
6. The donor employee shall have two options for withdrawal of funds:
a. At the option of the employee, upon retirement from service, the SRA will be paid at the then hourly rate for the depositor. This shall include the employee contribution as well as the City’s matching portion, which will be used to offset/defer costs associated with purchasing group medical insurance plans during retirement.
b. The employee may, at any time, withdraw hours from the SRA to convert to cash, and will be paid at the base pay rate in effect when the original deposit was made. An employee making an early withdrawal from the SRA, shall not be entitled to any of the City’s matching contribution, and shall lose that equal portion of the matching contribution as was withdrawn, i.e., two-to-one.
7. In the event that a participating employee separates from employment on other than a Retirement from Service (Service Retirement or Disability Retirement), the City shall payoff only the employee’s portion of the contributions made to the SRA, at the base pay rate for each deposit and shall not be entitled to any of t he City’s matching contribution.
8. In the event the SRA survives an active employee, or a retired employee, the City will pay off the balance of the employee’s contribution to the survivor of record.
Payment will be at the then- current base pay rate for the active employee and/or at the base pay rate of withdrawal for retired employee, including the City’s matching contribution.
B.P.P.A. M.O.U.
9. The City reserves and retains the right to hear and make determinations regarding any disputes caused by this provision of the MOU. Determinations shall be made in a manner that no employee shall lose his/her portion of the SRA and the City will not lose its portion of the matching contribution. Any determinations made in hearing a dispute to grant the City’s portion of the matching contribution will be made on a case-by-case basis, and will not be determined to be a past practice or official policy of the City.
Any person employed by the City prior to July 1, 1999 who is not currently a member of this unit of representation shall enjoy all benefits and rights of those employees hired prior to July 1, 1999, upon later occupying a position within this unit of representation.
10. Effective July 21, 2012, all employees not currently enrolled in the SRA program are not eligible to enroll in this program. This program is closed to new enrollees.
F. RETIREE MEDICAL ACCOUNT (RMA). An employee may bank accrued sick leave upon Retirement (Service or Disability Retirement) from City service into a RMA to defer out of pocket expenses for medical premium payments under the City’s group insurance program.
An employee who wishes to participate in the RMA program must file in writing with the Human Resources Office a request to participate at least 60 days prior to his/her anticipated retirement date. Exceptions to the notice requirement will be made for industrial disability retirements.
1. RMAs may be established on an individual basis only; and are an irrevocable determination.
2. RMAs are not subject to fellow employee donations of sick leave or other leave provisions. However, the RMA will be coordinated with the City’s Sick Leave Pay on Separation provision. (See Article 31).
3. To qualify for conversion of unused sick leave into a RMA , an employee must separate from City service with a valid CalPERS retirement (Service Retirement or Disability Retirement).
4. An employee terminated for cause or who resigns from City service not associated with a CalPERS service or disability retirement does not qualify.
5. An employee must have a minimum of 480 hours of sick time on the books at the time of retirement.
6. For the purpose of determining eligibility for participation in the RMA program, the number of unused accrued sick leave hours will be calculated in the following manner:
B.P.P.A. M.O.U.
a. Employees hired prior to September 20, 1982:
1) Payment under the Sick Leave Pay at Separation provision will be calculated first. Under this provision, employees are eligible for payment of their unused sick leave up to a maximum of 480 hours, based on years of service, and must separate from the City on a service or disability retirement.
2) The hours being paid will be deducted from the employee’s unused sick leave up to the maximum of 480 hours.
3) After payment of sick leave under the Sick Leave Pay on Separation provision, the remaining balance of unused sick leave must be 480 hours or more to qualify for participation in the RMA program. Sick leave balances of 480 hours or more will then be converted based on paragraph #8, below.
b. Employees hired between September 20, 1982, and July 1, 1999:
Employees in this category must have a minimum of 480 hours of unused sick leave on the books at the time of retirement.
c. Employees hired after July 1, 1999:
Employees in this category must have accumulated a minimum of 480 hours of sick leave, and have participated in the SRA program for a minimum of five years.
7. The City will convert sick leave balances over 480 hours to a RMA at the employee’s base pay rate at retirement. These monies can be used for medical - only premium amounts not covered by the City’s existing contribution to the retirement medical program.
8. The balance of sick leave hours will be converted on the following basis:
480 - 1000 hours - 60% of the value of all unused sick leave based on the employee’s base pay rate* at the time of retirement.
1001 - 1500 hours - 80% of the value of all unused sick leave based on the employee’s base pay rate* at the time of retirement.
1501 and above - 100% of the value of all unused sick leave based on the employee’s base pay rate* at the time of retirement.
*Base pay rate is defined as the amount listed in Exhibits A and B.
B.P.P.A. M.O.U.
9. The RMA is not subject to bearing interest . No lump sum cash payouts will be offered on the remaining balance of unused sick leave.
10. The amount of unused sick leave placed into the RMA will be converted into cash at the employee’s base pay rate at the time of retirement, and used to offset/defer costs associated with medical premium rates.
11. In the event the RMA has funds remaining at the time a retired employee dies, the spouse will continue to receive the benefit, in accordance with and under the terms of this program, until his/her death or until no funds remain.
12. The City reserves and retains the right to hear and make determinations regarding any disputes caused by this provision of the MOU. Any determinations made in hearing a dispute will be made on a case by case basis, and will not be determined to be a past practice or official policy of the City.
ARTICLE 23 – DENTAL INSURANCE
The City shall continue to provide the current dental program for both employees and their eligible dependents under the age of 26.
Each employee is responsible for choosing one of the three plans listed below . In the event that no choice is made, the employee will be deemed to have chosen no dental insurance coverage.
Employees may switch plans only during the open enrollment period designated by the City.
Payment of Premiums. Employees shall pay the amounts shown below. Any additional amount necessary to maintain group dental insurance shall be paid by the City.
A. 50/50 PLAN. The insurance carrier pays 50% of major expenses (up to a maximum of $2,000 per calendar year) and the employee pays 50%.
Monthly
• Employee Only $3.00
• Employee & 1 Dependent $5.00
• Employee & 2 + Dependents $7.50
80/20 PLAN. The insurance carrier pays 80% of major expenses (up to a maximum of $2,000 per calendar year) and the employee pays 20%.
Monthly
• Employee Only $10.00
B.P.P.A. M.O.U.
• Employee & 1 Dependent $15.00
• Employee & 2 + Dependents $20.00
B. HMO PLAN. The insurance carrier pays a portion of all services based on the fee schedule. Employees who enroll in this plan do not pay any monthly premium. Each employee is responsible for any co-payment associated with this plan.
ARTICLE 24 – VISION INSURANCE
The City shall provide a vision insurance program for employees and their eligible dependents under the age of 26.
Each employee is responsible for enrolling in the plan. In the event that no choice is made, the employee will be deemed to have chosen no vision insurance coverage.
Effective January 1, 2026, the City shall contribute $6 monthly for group vision insurance.
Any additional contribution necessary to maintain group vision insurance shall be borne solely by the employee.
ARTICLE 25 – LONG TERM DISABILITY INSURANCE
The City shall provide the Association $30 per month for each represented employee and the Association shall purchase long term disability insurance for its represented members.
ARTICLE 26 – LIFE INSURANCE
The City will provide group term life insurance (including accidental death and dismemberment) for each employee (either full -time or part -time) in the amount of one times (1x) the employee’s bas ic annual earnings to a maximum of $150,000. Each employee, at his/her own expense, may purchase additional life insurance from the insurer though the City.
ARTICLE 27 – CAFETERIA PLAN
A. The City shall provide a full flexible C afeteria Plan under IRS Code Section 125, to include Premium Only Conversion, Health Care Spending and Dependent Care Accounts.
The City and individual participants shall divide the cost of the third party administration service fee. Service fees are to be paid only by employees enrolled in the Health Care Spending Account and/or Dependent Care Spending Account. There is no service fee for participants in the Premium Only Conversion plan. The service fee may be changed from time to time by the City and the third- party administrator.
The City will meet and inform the Association as to service fee increases prior to increasing any deduction from employees, for any plan year.
B.P.P.A. M.O.U.
B. The City will utilize any assets remaining in the plan at the end of each plan year to off-set monthly service fees for employees enrolled in either the Health Care Spending Account and/or Dependent Care Spending Account. “Plan Year” is as defined in the plan documents. This item is governed by the Cafeteria Plan documents as it relates to “Plan Year”. Asset utilization to off -set service fees shall be determined no later than June 30 of any subsequent year.
ARTICLE 28 – ADMINISTRATION
A. The City shall have the right to select any insurance carrier or other method of providing coverage to fund the benefits included under the terms of this MOU, provided that the benefits of the employees shall be substantially the same prior to implementation of this MOU.
B. If, during the term of this MOU, any change of insurance carrier or method of funding for any benefit provided hereunder occurs, the City shall meet with the Association prior to any change of insurance carrier or method of funding the coverage.
C. All group insurance benefits shall be provided and calculated in accordance with the City’s contracts with insurance providers.
B.P.P.A. M.O.U.
LEAVES
ARTICLE 29 – HOLIDAYS
A. The following dates, and such other day or portions of days as may be designated by motion of the City Council, shall be observed as paid holidays of 10 hours each by all employees in permanent positions, except sworn personnel shall receive an extra day of vacation or equivalent pay, whichever in the judgment of the department head best serves the interests of the Department. All unused holiday leave banked must be used by the end of the fiscal year or will be forfeited.
Holiday Date
New Year’s Day January 1
Martin Luther King Jr. Day 3rd Monday in January
Washington’s Birthday 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Veterans’ Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Friday following 4th Thursday in November Day before Christmas December 24
Christmas Day December 25
B. In addition, with the exception of Police Recruits, all professional staff shall earn one floating holiday per fiscal year. This floating holiday shall be designated by the employee and requires management approval, in advance, before it is taken. N ew hires must be employed for three months before gaining eligibility for the f loating holiday.
C. When a holiday occurs on a Saturday, the preceding Friday will be observed instead.
When a holiday occurs on a Sunday, the following Monday will be observed.
D. For personnel working on shift assignments, the holiday will be observed on the actual date listed as the designated holiday.
ARTICLE 30 – VACATION
A. ACCRUAL.
Vacation leave with pay shall accrue to each full- time regular and probationary employee at the following rate:
Years of Service Vacation Hours Per Year
Less than 5 years 100 hrs. per year (8-1/3 hrs. per month) B.P.P.A. M.O.U.
5 years to 10 years 120 hrs. per year (10 hrs. per month) 10 years to 15 years 160 hrs. per year (13-1/3 hrs. per month) 15 years or more 200 hrs. per year (16-2/3 hrs. per month)
B. ACCUMULATION. Accumulation of vacation leave in excess of twice the employee’s annual accrual rate is prohibited. All vacation leave exceeding the maximum authorized accumulation shall be forfeited, provided that if an employee has made reasonable efforts to utilize vacation leave prior to the end of the preceding year, but has been denied those opportunities the exces s vacation leave shall not be forfeited and the employee shall be afforded a reasonable opportunity to use that leave as soon as practicable. Those employees with 15 years or more shall not exceed a maximum of 400 hours.
C. USAGE. Vacation leave shall not be in excess of that actually earned at the time the vacation starts.
1. Each employee must take an annual vacation of at least one week (40 hours). The department head under appropriate circumstances may modify this requirement under appropriate circumstances.
2. The time during the calendar year at which an employee shall take vacation shall be determined with particular regard for the needs of the City and due regard for the wishes of the employee.
3. In the event one or more municipal holidays falls within a vacation leave, such days shall not be charged as vacation leave, and the vacation leave shall be extended accordingly for those employees eligible for such holidays.
4. Any leave of absence without pay shall not accrue vacation leave for each 30 day period of such leave.
5. No employee shall be entitled to any vacation until completion of 12 months of continuous service. However, under emergency conditions, the Chief of Police may permit an employee to use earned vacation prior to the end of the 12- month period.
6. All usage of vacation and compensation time should be requested and approved by the employee's department head or designee at least two days prior to the start of vacation time.
D. ANNUAL CONVERSION.
1. An employee may convert up to 40 hours of vacation leave into a cash payment at the employee’s then- current rate of base pay. To be eligible for this option, the employee must utilize 40 hours of vacation leave in the preceding fiscal year.
B.P.P.A. M.O.U.
E. VACATION PAY AT SEPARATION.
1. Upon separation, an employee who has completed his/her initial probation period with the City will receive compensation at the employee’s current rate of base pay for all unused earned vacation, up to and including the date of separation.
2. A probationary employee who has not completed 6 months of continuous service shall not receive vacation pay at separation.
3. An employee who separates while serving a probation period in a classification to which the employee has been promoted shall receive vacation pay at separation based on the hourly equivalent of the base pay received immediately prior to promotion, provided the employee has successfully completed the probation period in the classification from which the employee was promoted.
ARTICLE 31 – SICK LEAVE
A. ACCRUAL.
1. Full-Time probationary, regular, appointee, and extended provisional appointees.
A regular employee, or an employee having a full-time probationary appointments or extended provisional appointment, shall accrue sick leave with pay at the rate of eight hours for each full calendar month of continuous service in which the employee has worked or has been on authorized leave of absence with pay.
2. Any leave of absence without pay exceeding 15 consecutive days shall result in no accrual of sick leave during the consecutive days of the employee’s leave of absence without pay that is in excess of 15 consecutive days.
B. ACCUMULATION. Sick leave may be accumulated without limit.
C. USAGE.
1. Sick leave may be taken only when the employee has sick leave credits. An employee shall be eligible to take sick leave after he/she has worked one full calendar month.
2. Sick leave may be granted only with the approval of the department head and only in the case of a bona fide illness or medical/dental appointments of the employee.
The Department Head may require a physician's certificate or other evidence of the adequacy of the reason for the employee's absence during any period for which sick leave was requested.
3. Sick leave may also be used for bona fide illness or medical/dental appointments of a family member (spouse, child, brother, sister, mother, father, mother -in-law, father-in-law, grandmother, grandfather) or designated person when the presence B.P.P.A. M.O.U.
of the employee is required, up to a maximum of three days per individual situation.
The department head may require a physician’s certificate or other evidence of the adequacy of the reason for the employee’s absence during any period for which sick leave was requested.
A “designated person” is defined as any one person identified by the employee at the time the employee requests paid sick leave. This designation is limited to only one designated person per 12-month period.
4. Maternity leave of absence. The employee shall submit a doctor's statement approving her fitness to continue working for a specified term. A post-natal release from the doctor must be submitted prior to returning to work.
5. Sick leave shall not be used in lieu of, or added to, vacation. Accrued vacation leave may be used for sickness when all sick leave has been taken.
6. Sick Leave during vacation. An employee who becomes ill while on vacation may have such period of illness charged to accumulated sick leave instead of to vacation, provided that immediately upon return to duty, the employee submits to the department head a written request for sick leave and a written statement signed by the employee’s physician describing the nature and dates of the illness.
7. Limitations. No employee shall be entitled to accrue or to take sick leave with pay while absent from duty for any of the following reasons:
a. Disability or illness arising from compensated employment other than with the City of Buena Park.
b. Leave of absence without pay.
c. Absence because of intoxication or for the purpose of recovering from intoxication.
D. MEDICAL LEAVE OF ABSENCE. On written request of the employee and recommendation by the department head, the City Manager may authorize in writing a leave of absence without pay for the purpose of recovering from an illness, provided:
1. The employee has used all accumulated sick leave.
2. The employee has been continuously employed in the City service for at least one year.
3. The employee presents to the d epartment head for referral to and consideration by the City Manager a written explanation of the employee's illness and an estimate of the time needed for recovery signed by the employee's physician.
B.P.P.A. M.O.U.
4. Prior to resuming work, the employee may be required to take a medical examination at the employee's expense and as prescribed by the City Manager.
The employment record and the results of such examination shall be considered by the City Manager or designee in determining the employee's fitness to return to work.
5. The maximum period of such leave shall be three calendar months . If the employee desires an extension, the employee shall follow the procedure described in subparagraph 3 above. This must be done prior to the end of the initial leave.
E. PENALTY FOR ABUSE. When, in the judgment of the department head, the employee’s reason for being absent because of alleged sickness is inadequate, the department head shall indicate on the pa yroll form that the absence was without pay. The department head may recommend to the City Manager that disciplinary action be imposed against the employee.
F. ANNUAL BUYBACK.
1. To be eligible, an employee must have:
a. 480 hours of accumulated sick leave on the books as of the first pay period of July of the preceding year, and
b. 480 hours of accumulated sick leave on the books after the cash out.
2. An employee who wish es to participate must file in writing with the Finance Department. This request will apply for the previous fiscal year sick leave accumulation.
3. Participants will be paid for 50% of the hours accrued during the fiscal year. These hours being paid will be deducted from the employee’s sick leave bank. The other one-half of hours accrued, but not used, will remain in the employee’s sick leave bank. Payment will be at the employee’s base hourly rate in effect at the time of payment.
G. SICK LEAVE PAY ON SEPARATION. Except as herein provided, no payment shall be granted to an employee for accrued sick leave at the time of separation.
Termination of an employee’s continuous service, except by reason of layoff for lack of work or funds, shall abrogate all sick leave accrued at the time of such separation, regardless of whether the employee subsequently reenters the City service.
An employee hired on or prior to September 19, 1982, shall be paid for 50% of the value of his/her unused sick leave based on the employee’s rate of base pay at the time of honorable separation or retirement.
B.P.P.A. M.O.U.
An employee appointed on or after September 20, 1982, shall not be eligible for sick leave pay on separation as provided for in this section.
An employee may only accrue 120 days (960 hours) of sick leave for the purposes of this section and for the purposes of compensation on separation.
ARTICLE 32 – BEREAVEMENT LEAVE
Whenever an employee who is eligible to receive sick leave is compelled to be absent from duty by reason of the death ( or critical illness where death appears imminent ) of a family member, the employee shall, upon approval of the department head, be entitled to up to three work days of bereavement leave with pay once per fiscal year. Employees in need of additional time off may charge such absence to the employee's accumulated sick leave to a maximum of five working days for each such incident. Use of such leave shall not count against the sick leave buy back or deposits made to the SRA.
“Family member” is defined as the employee’s or spouse’s:
• Father • Mother
• Grandfather • Grandmother
• Sibling(s) • Child
• Spouse • Grandchildren
ARTICLE 33 – WORKERS COMPENSATION
A. Sworn employees shall receive industrial accident leave according to the provisions of Section 4850 of the California Labor Code.
B. Professional Staff Employees Pay Continuation.
1. An employee who is absent from duty because of an on- the-job injury sustained during City employment shall receive his/her normal pay during the first 27 calendar weeks of such accident, provided the employee returns to the City any compensation paid under the provisions of the California Workers’ Compensation Law for the corresponding period of time.
During this maximum 27 week period, an employee so entitled shall continue to receive all forms of compensation he/she would be receiving as if at work. The employee shall also be eligible for consideration for merit pay increases during this period.
2. After this maximum 27 week period, an employee who has not returned to work shall not receive any other form of compensation from the City, including but not limited to accrual of vacation and sick leave, holiday pay, special assignment pay, education pay or payment of group insurance premiums. An employee may not B.P.P.A. M.O.U.
use accumulated sick leave or vacation to supplement temporary disability indemnity payments.
ARTICLE 34 – JURY DUTY
No deduction shall be made in the pay of an employee who serves on jury duty if the employee has waived or remitted to the City the fee for such jury duty. An employee who serves on jury duty on a scheduled day off shall not be required to remit his/her jury fees for that day . If the employee has not so waived or remitted the jury fee, the employee shall be paid only for the time actually worked in the City position. An employee summoned to jury duty shall immediately notify his/her supervisor in writing. The employee shall remit to the City all fees and allowances payable for jury duty, less reimbursements from the court for meals, travel, or lodging.
An employee who is scheduled to work the swing or graveyard shift and is called to jury duty shall be given time off on his/her scheduled shift if he/she is required to serve on jury duty that day. An employee shall be given time off for the number of hours actually served on jury duty.
ARTICLE 35 – OTHER LEAVES
A. Leave without pay. Upon the written recommendation of the department head, the City Manager may authorize special leaves of absence without pay for a period not to exceed 30 calendar days in a calendar year . This provision is available only to employees who are eligible to receive vacation leave.
B. Authorized leaves of absence without pay of 30 calendar days or less, and leaves of absence with pay for any period shall not constitute an interruption of an employee’s continuous service and shall not constitute an interruption of an employee’s continuous service and shall not be deducted in computing total City service.
Authorized leaves of absence without pay in excess of 30 calendar days, unless covered by the Family Medical Leave Act, shall be deducted in computing an employee’s total City service for advancement in salary range and for other purposes specified in this MOU, but shall not serve to interrupt continuous service.
C. MILITARY LEAVE. An employee having a probationary or regular appointment shall be entitled to such benefits as are provided in the California Military and Veterans Code. An employee requesting such military leave shall present a copy of the military orders to the department head prior to the beginning of the leave.
Employees who present military orders for active duty status shall continue to receive all forms of compensation he/she would be receiving as if at work for the first 30 days of such absence in any one fiscal year (except weekend drills and/or training).
Weekend drills and/or training are not considered active duty under the Military and Veterans Code and not eligible for salary continuation benefits.
B.P.P.A. M.O.U.
If an employee is called to inactive duty and must report to such duty on days the employee is scheduled to work, the employee must request the time off and use their leave banks for such absence if necessary.
B.P.P.A. M.O.U.
WORKING CONDITIONS
ARTICLE 36 – PAY PERIODS
A. The City shall utilize the biweekly payroll system. Pay periods shall begin at 12:01 a.m. every other Saturday and end at midnight the second Friday (i.e., 14 calendar days later) thereafter. Paydays shall occur on the Friday following the conclusion of each pay period. The one exception is when that Friday is a Federal holiday, the payday shall fall on the preceding business day.
B. Direct Deposit. The City shall electronically deposit employees' paychecks into a savings or checking account designated by the employee. All employees shall participate in the City's direct deposit payroll program. Each employee shall be responsible for providing the Human Resources Department with the correct routing number and account number of his or her banking institution.
ARTICLE 37 – ATTENDANCE
A. Each employee shall be in attendance at his/her work station in accordance with the rules regarding hours of work, holidays, and leaves. All departments shall keep daily attendance records of employees, which shall be reported to Payroll on a designated form and on the dates specified. Absence without leave, whether voluntary or involuntary, for a period longer than five consecutive assigned working days, or four consecutive working shifts for personnel on the 4/ 10 or three consecutive working shifts personnel on the 3/12 plan is an automatic resignation from City service.
B. An employee who is absent from duty shall report the reason for such absence to the department head or immediate supervisor prior to the date of expected absence whenever possible, and in no case later than two hours after the beginning of the employee's normal work shift. Absences not reported in such manner may be considered absence without leave. A deduction of pay shall be made for the duration of any absence without leave. Upon return to work, such absence must be justified.
ARTICLE 38 – HOURS OF WORK AND SCHEDULES
A. WORK WEEK. The work week for all full-time positions shall be 40 hours.
B. WORK SCHEDULE. The work schedule for each position shall be as established by the department head. All offices of the City, except those for which special regulations are required, shall be kept open for business on all days of the year except Saturdays, Sundays and holidays continuously on weekdays in accordance with the Alternative Work Schedule.
C. The decision to implement any alternative work schedule is at the sole discretion of the City. An alternative work schedule may be revoked at any time by the City as long B.P.P.A. M.O.U.
as 30 days notice of revocation is given to the Association and employees . Any modified work schedule shall not be considered a vested right or benefit, and the City has no obligation to meet-and-confer. However, the City agrees to meet with the Association prior to such revocation. Any revocation shall not be subject to any internal grievance or appeal process or court action.
ARTICLE 39 – 4/10 PLAN
A. Federal legislation in Air Quality Management District (AQMD) Rule 15 requires employers, including cities, to use alternative methods to reduce vehicular pollution emissions. The alternative work schedule will reduce the average number of vehicle trips to the work site between 6:00 a.m. and 10:00 a.m., and comply with the Federal requirements. It also satisfies Council’s direction to provide extended service hours to the public and employees.
B. Plan Defined. Under this work schedule, employees work four consecutive, 10 hour days in a seven day workweek . The 4/10 schedule provides for a 40 hour workweek every seven days and three consecutive days off.
4/10 scheduling will be at the discretion of the Police Chief.
C. Work Period. The work period for employees on the 4/10 who are exempt or non- exempt from FLSA requirements will remain the same Saturday through Friday. There are two 40 hour work periods per pay period. This schedule coincides with the current payroll reporting period.
D. Payroll Period Report Dates – All Employees . Payroll will still be reported in accordance with our payroll calendar for all employees, including those on the 4/10 plan.
E. Payroll Reporting.
1. If an employee uses sick time, vacation time, holiday time or compensation time earned during the pay period and this time had not been reported on the payroll report submitted Monday morning, the time taken must be submitted to Finance by memo.
2. If an employee is in an Absence Without Pay (AWOP) status at any time during the pay period, and this had not been indicated on the payroll report submitted on Monday morning, the supervisor or payroll clerk shall contact Finance immediately to make a payroll correction.
3. All employees should make every effort to notify their supervisor on Thursday, if they will be using sick leave or AWOP time on Friday.
F. Enrolling in or Dropping off the 4/10 Plan.
B.P.P.A. M.O.U.
1. Prior to enrollment in the 4/10 plan, each employee is required to read the 4/10 plan guidelines and sign a statement that he/she has read all the conditions of the plan. A copy will be placed into the employee's personnel file in the Human Resources office.
To expedite future shift changes that affect many employees' work plans and/or changes many employees' days off, a memo listing each employee's new work schedule and days off should be signed by each employee affected and submitted to Finance for payroll changes and to Human Resources where a copy of the memo will be filed in each affected person's employee file. These changes must coincide with the beginning of a new pay period.
2. When an employee separates from employment, the employee will be paid for all hours worked.
3. When an employee changes to a different work schedule, it must coincide with the start of a pay period.
G. Leave Time Accruals. Benefit leave time accruals will remain the same as designated in this MOU.
H. Holidays. For personnel not assigned to a unit operating on a 24 hour basis and with the approval of the employee’s supervisor, when a holiday falls on a scheduled workday the employee may (but will not be required to) take the day off on holiday pay. When a holiday falls on a non-scheduled workday the employee may (but will not be required to) take off one day at a later date as agreed to by their supervisor.
When a floating holiday is taken, professional staff employees taking the holiday on a 10 hour day will be charged 10 hours.
Professional Staff employees who are assigned to a unit operating on a 24-hour basis will not be required to take an additional day off when a holiday falls on their regularly scheduled day off.
I. Paid Sick Time/Vacation.
1. Employees using paid sick leave on a 10 hour day will be charged 10 hours.
2. If the scheduled hours are greater than the sick leave balance, the difference will be covered, by:
a. Use of vacation or compensatory time.
b. Other Leaves
c. Leave without pay
B.P.P.A. M.O.U.
3. Vacation is charged in the same manner. Vacations occurring on 10- hour days will be charged 10 hours.
J. Workers Compensation. Employees will be paid industrial accident leave hours in accordance with their current 4/10 work schedule . A n employee will return on the same 4/10 work schedule.
K. Military Leave, Jury Duty and Paid Extended Sick Leave. Employees ordered to military duty, summoned to jury duty, or on paid extended sick leave will be paid according to their current work schedule. A fter the completion of the military leave, jury duty, or paid extended sick leave, the employee will return to his/her regular 4/10 work schedule. An employee shall not receive overtime (pay or comp time) when such leave falls on his/her day off.
L. Meal Period. At the discretion of the Chief of Police, employee meal periods may be paid time. Employees understand that during such meal periods they are subject to calls for service. The Chief of Police shall determine who is included in meal period as part of work day.
M. Department Head Responsibility. Changes in an employee’s 4/10 work schedule must be coordinated through the d epartment head, AQMD Transportation Coordinator/Administrative Analyst and Finance to ensure that the changes to and from the 4/10 Plan coincide with the beginning of a pay period.
N. 4/10 Plan Review. A decrease in productivity will represent a negative impact to the alternative work plans. Productivity may be measured by various criteria which may include, but not limited to:
• Sick leave usage • Employee turnover
• Inadequate staffing • Tardiness
• Measurable work output • Employee morale
Moreover, other impacts include service delivery to the public including citizen input through compliments, commendations, or complaints, energy savings, and related costs or funding to the City.
In the event the 4/10 Work Schedule is revoked in accordance with Article 36 , all personnel assigned to a 4/10 Work Schedule prior to March 1, 1992, shall not be subject to the revocation.
ARTICLE 40 – 3/12 PLAN
Effective June 12, 2007, the City shall implement and evaluate a “3/12½ Alternative Work Schedule” for a period of one year, commencing with the Patrol Schedule of Summer 2007, and concluding at the end of Spring 2008 Patrol Schedule.
B.P.P.A. M.O.U.
A. The intent is to determine the effectiveness and efficiency of the Operations Division work force in providing service to the community while working an alternative work schedule that includes a 3/12 component. For purposes of this evaluation period, only personnel assigned to Patrol and Dispatch will participate in this evaluation program.
B. During this evaluation period, there will be no additional costs (direct or indirect) to the City as a result of the modified work schedule, specifically related to overtime and time-off accruals such as sick leave, vacation, holidays, etc. All such accruals will remain unchanged.
C. Patrol personnel assigned to the 3/12 will work three days each week consisting of 12 ½ hour shifts, totaling 150 hours in a 28 day period. Each employee on such schedule will work one additional 10 hour shift in that same 28 day period. The total number of hours scheduled in such period of time will be 160 hours.
D. Dispatch personnel assigned to the 3/12 will work three days each week consisting of 12 hour shifts, totaling 72 hours in a two week pay period. Each employee on such schedule will work on additional eight hour shift in that same pay period. The total number of hours scheduled in such pay period will be 80 hours, or 160 hours in a 28 day period.
E. At the conclusion of this evaluation period, a review will be conducted by the City to determine the effectiveness of this alternative work schedule. A decrease in productivity will represent a negative impact to this alternative work schedule.
Productivity may be measured by various criteria which may include but are not limited to:
• Sick leave usage • Employee turnover
• Inadequate staffing • Tardiness
• Measurable work output
(Arrest / Citation statistics etc.)
• Employee morale
• Employee traffic collisions
Other impacts include service delivery to the public, including citizen input through compliments, commendations, or complaints, energy savings, and related costs or funding to the City.
F. The decision to implement any alternative work schedule is at the sole discretion of the City. An alternative work schedule may be revoked at any time by the City as long as 30 days notice of revocation is given to the Association an d employees. Any modified work schedule shall not be considered a vested right or benefit and the City has no obligation to meet -and-confer. However, the City agrees to meet with the Association prior to such revocation. Any revocation shall not be subject to any internal grievance or appeal process or court action.
B.P.P.A. M.O.U.
ARTICLE 41 – 4/11-3/11 PLAN
Effective July 5, 2025, the City shall implement and evaluate a “4/11 – 3/11 Compressed Work Schedule” for Patrol, Dispatch, and Records employees for a period of one year, commencing with the Patrol Schedule of Fall Deployment 2025.
A. The intent is to determine the effectiveness and efficiency of the Operations and Support Services Divisions personnel who work on a 24 hour, 7 days a week basis providing service to the community while working an alternative work schedule that includes a 4/11 – 3/11 compressed work schedule component. For purposes of this evaluation period, only personnel assigned to Patrol, Dispatch, and Records will participate in this evaluation program.
B. During this evaluation period, there will be no additional costs (direct or indirect) to the City as a result of the modified work schedule, specifically related to overtime and time-off accruals such as sick leave, vacation, holidays, etc. All such accruals will remain unchanged.
C. Patrol, Dispatch, and Records employees will alternate weekly, working one week four 11-hour shifts and the following week, work three 11- hour shift totaling 77 hours worked. This leaves the employee three hours short of 80 hours bi-weekly. During the 28-day cycle, the employee would owe six hours (payback).
D. At the conclusion of this evaluation period, a review will be conducted by the City to determine the effectiveness of this alternative work schedule. A decrease in productivity will represent a negative impact to this alternative work schedule.
Productivity may be measured by various criteria which may include but are not limited to:
• Sick leave usage • Employee turnover
• Inadequate staffing • Tardiness
• Measurable work output
(Arrest / Citation statistics etc.)
• Employee morale
• Employee traffic collisions
Other impacts include service delivery to the public, including citizen input through compliments, commendations, or complaints, energy savings, and related costs or funding to the City.
E. The decision to implement any alternative work schedule is at the sole discretion of the City. An alternative work schedule may be revoked at any time by the City as long as 30 days notice of revocation is given to the Association and employees. Any modified work schedule shall not be considered a vested right or benefit and the City has no obligation to meet -and-confer. However, the City agrees to meet with the Association prior to such revocation. Any revocation shall not be subject to any internal grievance or appeal process or court action.
B.P.P.A. M.O.U.
ARTICLE 42 – SUBSTANCE ABUSE
A. It is the responsibility of all affected employees to cooperate to protect the lives, personal safety and property of co-workers and fellow citizens. The parties hereto and all affected employees shall take all reasonable steps to accomplish these goals and to minimize potential dangers.
B. It is in the best interest of the City, the Association, employees and the public to ensure that employees do not appear for work under the influence of drugs or alcohol, or possess illegal substances or alcohol while at work, because such conduct is likely to result in reduced productivity, an unsafe working environment, poor morale and increased potential liability to the City. “Under the influence” means the knowing use of alcohol or illegal substance or knowing misuse of a prescribed drug in a manner and to a degree that substantially impairs the employee’ s work performance or the ability to use City property or equipment safely.
C. An employee not on paid standby who is called at home to return to work may decline to return if he/she feels physically unable to perform his/her job even if the employee perceives that the inability to perform is the result of having consumed alcoholic beverages. No reason need be given by the employee and the employee shall not be subjected to discipline for his/her refusal to return to work.
D. The City provides an Employee Assistance Program for employees who have problems with drugs and/or alcohol. Every effort shall be made by the City to refer employees who have such problems to this counseling service for assistance.
E. The City may, upon showing of reasonable suspicion that this policy is being violated, compel an employee who is unable to perform the duties of his/her position to submit to a medical examination on City time and at the City ’s expense . “Reasonable suspicion” is a belief based on objective and articulable facts sufficient to lead a reasonable and prudent supervisor to suspect that an employee is “under the influence” in that the employee’s ability to perform the functions of the job is impaired or the employee’s ability to perform his/her job safely is reduced. Allegations of harassment pursuant to this paragraph shall be reported to the Human Resources office. The Human Resources office shall conduct an investigation into the alleged harassment and take appropriate corrective action as a result of its investigation .
Nothing contained herein shall limit the City ’s right to discipline or discharge any employee.
ARTICLE 43 – NO SMOKING CLAUSE
Employees who become unit employees on or after January 1, 1987, shall, as a condition of their continued employment, refrain from smoking tobacco or any other non- tobacco substance at any time on or off duty . Violation of this condition of employment shall be deemed good cause for dismissal.
B.P.P.A. M.O.U.
ARTICLE 44 – BUMPING PROCEDURE
In the event of layoff, the following procedure shall be used:
A. All employees in each classification shall be rank ordered based on seniority in classification, irrespective of total City seniority . (In the event of a tie in seniority in classification, the person with the greatest Citywide seniority shall be deemed to have the highest seniority in classification.) The employee(s) with the least seniority in that classification shall be the first person(s) laid off.
B. In the event that the classification series (i.e. Police Lieutenant, Police Sergeant, Police Corporal, Police Officer) from which the employee is laid off has a lower classification with incumbents, the laid off employee (irrespective of the laid off employee’s seniority in the lower classification and/or total City seniority) may “bump” one of those incumbents out of the classification and assume his/her position. T he determination of which incumbent is bumped shall be made pursuant to paragraph A.
Bumping in each classification in the classification series shall continue until incumbents are bumped out of the lowest classification in the classification series.
C. The names of employees who have been laid off shall be placed on appropriate re- employment list in order of seniority, from highest to lowest. Such names shall remain on the re-employment list for a period of 18 months unless such persons are sooner re-employed. A re-employment list shall be used prior to establishing either an open or closed eligibility list.
D. When a re-employment list is used to fill vacancies, the personnel officer shall certify from the top of such list, the number of names equal to the number of vacancies. An employee who is re-employed shall receive credit for former services for purposes of seniority, benefit compensation and salary advancement.
ARTICLE 45 – PUBLIC SAFETY OFFICER PROCEDURAL BILL OF RIGHTS
The City agrees to abide by the requirements of the Public Safety Officer Procedural Bill of Rights Act, Government Code Section 3300 et seq.
ARTICLE 46 – GRIEVANCE PROCEDURE/CIVIL SERVICE ORDINANCE AND
RESOLUTION
The City of Buena Park Civil Service Ordinance No. 437 and Resolution No. 1883, both as amended to date, are incorporated herein. In addition to the rights set forth therein, the parties agree to the following grievance procedures:
A. DEFINITION. A grievance shall be considered as any matter for which appeal is not provided for concerning a dispute about the interpretation or application of this B.P.P.A. M.O.U.
Memorandum of Understanding, or any ordinance, rule or regulation governing personnel practices or working conditions.
B. PURPOSE.
1. To promote improved employer -employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.
2. To afford employees individually or through a qualified employee organization a systematic means of obtaining further consideration of problems after every other reasonable effort has failed to resolve them through discussions.
3. To provide that grievances shall be settled as near as possible to the point of origin.
4. To provide that grievances shall be heard and settled as informally as possible.
C. PROCEDURE. Whenever an employee feels that the policy of the City is not being appropriately applied to his/her circumstance, he or she can file a grievance to resolve the dispute. The limitation on filing a grievance must be within sixty (60) calendar days from the date the employee or the Association first became aware of, or should have become aware of, the issue(s) underlying the grievance. To file a grievance, he or she shall take the following action(s):
1. The dispute should be discussed fully with the employee's most immediate supervisor who should make every effort to resolve the dispute in a fair and equitable manner and in accordance with established policy . After the employee and the supervisor have discussed the incident, the supervisor will give the employee a written response within two working days.
2. The process described above shall continue through the line of supervision, up to and including the department head, if the aggrieved party is not satisfied with the response at the initial or preceding step(s). However, the employee must notify the Lieutenant and above of the dispute in writing. At the level of Lieutenant and above, the employee will receive a written response within five working days.
3. Should the dispute not be resolved by the d epartment head, the employee will notify the Director of Human Resources of the dispute in writing. The Director of Human Resources will interview both parties in the dispute and others affected and report those findings to the City Manager and recommend steps to be taken to resolve the problem within the Department. Within 10 working days, the parties will be provided with a written response from the City Manager . The City Manager ’s decision shall be the final step in the Administrative process.
B.P.P.A. M.O.U.
ARTICLE 47 – ADVISORY ARBITRATION
City Council Resolution 1883, Personnel Rules and Regulations, Rule XVI, Section 2 and Section 5 shall be amended and is incorporated herein and attached as Exhibit F.
ARTICLE 48 – PERFORMANCE EVALUATION
Performance evaluations may not be appealed to the Personnel Board. The appeal process shall end at the City Manager level as provided in the grievance procedure.
ARTICLE 49 – MEDICAL EXAMINATION
The City shall provide an annual medical exam to sworn employees on a voluntary basis.
A. The City shall pay the entire cost of such examination.
B. The results of the examination shall be disclosed only to the individual participant and neither the City nor the Association shall have any rights to an individual’s examination results, or general or specific medical information obtained from such examination.
C. Neither the City nor the Association shall take any steps to inquire about any general or specific medical information obtained by any party as a result of the employee’s participation in this Program.
D. All medical examinations shall be conducted while the employee is in a paid capacity.
E. The examination shall, at a minimum, entitle employee to a blood test, and for those age 40 or older a “Live- Scan” heart examination once every three years, and a treadmill test. The blood test shall not screen employees for drugs or alcohol.
B.P.P.A. M.O.U.
SIGNATURES
Adopted July 8, 2025
FOR THE
CITY OF BUENA PARK
FOR THE BUENA PARK
POLICE ASSOCIATION
Eddie Fenton
Assistant City Manager/
Director of Human Resources
Roger Plumlee
President
Rebecca Valdez
Human Resources Manager
Dirk O’Dette
Vice President
Maria Esquetini
Secretary
David Bernal
Board Member
B.P.P.A. M.O.U.
*Monthly and Annual Salary are only approximate rates based on the Hourly conversion.
EXHIBIT A – SWORN GROUP – PAY SCHEDULE – EFFECTIVE JULY 5, 2025
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Position Range Hr. Mo. Ann. Hr. Mo. Ann. Hr. Mo. Ann. Hr. Mo. Ann. Hr. Mo. Ann. Hr. Mo. Ann. Hr. Mo. Ann.
Police
Officer 345 50.28 8,715 104,582 52.81 9,154 109,845 55.44 9,610 115,315 58.20 10,088 121,056 61.11 10,592 127,109 64.17 11,123 133,474 66.09 11,456 137,467 Police
Corporal 348 54.20 9,395 112,736 56.88 9,859 118,310 59.77 10,360 124,322 62.76 10,878 130,541 65.84 11,412 136,947 69.16 11,988 143,853 71.25 12,350 148,200 Police
Sergeant 354 65.23 11,307 135,678 68.46 11,866 142,397 71.88 12,459 149,510 75.52 13,090 157,082 79.29 13,744 164,923 83.22 14,425 173,098 85.72 14,858 178,298
EXHIBIT A – SWORN GROUP – PAY SCHEDULE – EFFECTIVE JULY 4, 2026
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Position Range Hr. Mo. Ann. Hr. Mo. Ann. Hr. Mo. Ann. Hr. Mo. Ann. Hr. Mo. Ann. Hr. Mo. Ann. Hr. Mo. Ann.
Police
Officer 345 52.79 9,150 109,803 55.45 9,611 115,336 58.21 10,090 121,077 61.11 10,592 127,109 64.17 11,123 133,474 67.38 11,679 140,150 69.39 12,028 144,331 Police
Corporal 348 56.91 9,864 118,373 59.72 10,352 124,218 62.76 10,878 130,541 65.90 11,423 137,072 69.13 11,983 143,790 72.62 12,588 151,050 74.81 12,967 155,605 Police
Sergeant 354 68.49 11,872 142,459 71.88 12,459 149,510 75.47 13,082 156,978 79.30 13,745 164,944 83.25 14,430 173,160 87.38 15,146 181,750 90.01 15,602 187,221
B.P.P.A. M.O.U.
*Monthly and Annual Salary are only approximate rates based on the Hourly conversion.
EXHIBIT B – PROFESSIONAL STAFF – PAY SCHEDULE – EFFECTIVE JULY 5, 2025
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Position Range Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Administrative Assistant 225 29.42 5,100 61,194 30.91 5,358 64,293 32.47 5,628 67,538 34.08 5,907 70,886 35.77 6,200 74,402 37.56 6,510 78,125 Crimes Analyst 243 42.16 7,308 87,693 44.28 7,675 92,102 46.48 8,057 96,678 48.80 8,459 101,504 51.24 8,882 106,579 53.80 9,325 111,904 Crimes Analyst Assistant 227 28.40 4,923 59,072 29.82 5,169 62,026 31.30 5,425 65,104 32.89 5,701 68,411 34.52 5,984 71,802 36.24 6,282 75,379 Forensic Specialist 234 35.42 6,140 73,674 37.19 6,446 77,355 39.06 6,770 81,245 41.00 7,107 85,280 43.03 7,459 89,502 45.19 7,833 93,995 Information Technology Administrator 251 52.61 9,119 109,429 55.20 9,568 114,816 58.01 10,055 120,661 60.88 10,553 126,630 63.92 11,080 132,954 67.15 11,639 139,672 Information Technology Specialist 244 43.17 7,483 89,794 45.37 7,864 94,370 47.61 8,252 99,029 49.99 8,665 103,979 52.49 9,098 109,179 55.11 9,552 114,629 Information Technology Supervisor 252 60.78 10,535 126,422 63.81 11,060 132,725 67.00 11,613 139,360 70.35 12,194 146,328 73.87 12,804 153,650 77.56 13,444 161,325 Lead Police Services Officer 230 32.11 5,566 66,789 33.72 5,845 70,138 35.41 6,138 73,653 37.18 6,445 77,334 39.03 6,765 81,182 40.99 7,105 85,259 Police Dispatcher 431 36.32 6,296 75,546 38.15 6,613 79,352 40.04 6,940 83,283 42.02 7,284 87,402 44.14 7,651 91,811 46.35 8,034 96,408 47.73 8,273 99,278 Police Dispatcher Supervisor 245 49.08 8,507 102,086 51.56 8,937 107,245 54.07 9,372 112,466 56.81 9,847 118,165 59.65 10,339 124,072 62.65 10,859 130,312 64.54 11,187 134,243 Police Lead Dispatcher 235 41.11 7,126 85,509 43.16 7,481 89,773 45.33 7,857 94,286 47.57 8,246 98,946 49.97 8,662 103,938 52.45 9,091 109,096 54.03 9,365 112,382 Police Records Clerk 419 26.02 4,510 54,122 27.31 4,734 56,805 28.69 4,973 59,675 30.12 5,221 62,650 31.65 5,486 65,832 33.23 5,760 69,118 Police Records Supervisor 241 42.12 7,301 87,610 44.23 7,667 91,998 46.44 8,050 96,595 48.76 8,452 101,421 51.21 8,876 106,517 53.77 9,320 111,842 Police Recruit 231 32.92 5,706 68,474 34.57 5,992 71,906 36.30 6,292 75,504 38.14 6,611 79,331 40.03 6,939 83,262 42.01 7,282 87,381 Police Services Officer 424 28.21 4,890 58,677 29.63 5,136 61,630 31.11 5,392 64,709 32.64 5,658 67,891 34.30 5,945 71,344 36.03 6,245 74,942 Property Technician 230 32.11 5,566 66,789 33.72 5,845 70,138 35.41 6,138 73,653 37.18 6,445 77,334 39.03 6,765 81,182 40.99 7,105 85,259 Senior Account Clerk 223 28.05 4,862 58,344 29.45 5,105 61,256 30.93 5,361 64,334 32.49 5,632 67,579 34.11 5,912 70,949 35.79 6,204 74,443 Sr. Administrative Assistant 228 31.62 5,481 65,770 33.21 5,756 69,077 34.85 6,041 72,488 36.60 6,344 76,128 38.42 6,660 79,914 40.35 6,994 83,928 Traffic Enforcement Specialist 422 27.11 4,699 56,389 28.47 4,935 59,218 29.89 5,181 62,171 31.38 5,439 65,270 32.95 5,711 68,536 34.60 5,997 71,968
B.P.P.A. M.O.U.
*Monthly and Annual Salary are only approximate rates based on the Hourly conversion.
EXHIBIT B – PROFESSIONAL STAFF – PAY SCHEDULE – EFFECTIVE JULY 4, 2026
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Position Range Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Administrative Assistant 225 30.89 5,354 64,251 32.46 5,626 67,517 34.09 5,909 70,907 35.78 6,202 74,422 37.56 6,510 78,125 39.44 6,836 82,035 Crimes Analyst 243 44.27 7,674 92,082 46.49 8,058 96,699 48.80 8,459 101,504 51.24 8,882 106,579 53.80 9,325 111,904 56.49 9,792 117,499 Crimes Analyst Assistant 227 29.82 5,169 62,026 31.31 5,427 65,125 32.87 5,698 68,370 34.53 5,985 71,822 36.25 6,283 75,400 38.05 6,595 79,144 Forensic Specialist 234 37.19 6,446 77,355 39.05 6,769 81,224 41.01 7,108 85,301 43.05 7,462 89,544 45.18 7,831 93,974 47.45 8,225 98,696 Information Technology Administrator 251 55.24 9,575 114,899 57.96 10,046 120,557 60.91 10,558 126,693 63.92 11,080 132,954 67.12 11,634 139,610 70.51 12,222 146,661 Information Technology Specialist 244 45.33 7,857 94,286 47.64 8,258 99,091 49.99 8,665 103,979 52.49 9,098 109,179 55.11 9,552 114,629 57.87 10,031 120,370 Information Technology Supervisor 252 63.82 11,062 132,746 67.00 11,613 139,360 70.35 12,194 146,328 73.87 12,804 153,650 77.56 13,444 161,325 81.44 14,116 169,395 Lead Police Services Officer 230 33.72 5,845 70,138 35.41 6,138 73,653 37.18 6,445 77,334 39.04 6,767 81,203 40.98 7,103 85,238 43.04 7,460 89,523 Police Dispatcher 431 38.14 6,611 79,331 40.06 6,944 83,325 42.04 7,287 87,443 44.12 7,648 91,770 46.35 8,034 96,408 48.67 8,436 101,234 50.12 8,688 104,250 Police Dispatcher Supervisor 245 51.53 8,932 107,182 54.14 9,384 112,611 56.77 9,840 118,082 59.65 10,339 124,072 62.63 10,856 130,270 65.78 11,402 136,822 67.77 11,747 140,962 Police Lead Dispatcher 235 43.17 7,483 89,794 45.32 7,856 94,266 47.60 8,251 99,008 49.95 8,658 103,896 52.47 9,095 109,138 55.07 9,546 114,546 56.73 9,833 117,998 Police Records Clerk 419 27.32 4,736 56,826 28.68 4,971 59,654 30.12 5,221 62,650 31.63 5,483 65,790 33.23 5,760 69,118 34.89 6,048 72,571 Police Records Supervisor 241 44.23 7,667 91,998 46.44 8,050 96,595 48.76 8,452 101,421 51.20 8,875 106,496 53.77 9,320 111,842 56.46 9,786 117,437 Police Recruit 231 34.57 5,992 71,906 36.30 6,292 75,504 38.12 6,608 79,290 40.05 6,942 83,304 42.03 7,285 87,422 44.11 7,646 91,749 Police Services Officer 424 29.62 5,134 61,610 31.11 5,392 64,709 32.67 5,663 67,954 34.27 5,940 71,282 36.02 6,244 74,922 37.83 6,557 78,686 Property Technician 230 33.72 5,845 70,138 35.41 6,138 73,653 37.18 6,445 77,334 39.04 6,767 81,203 40.98 7,103 85,238 43.04 7,460 89,523 Senior Account Clerk 223 29.45 5,105 61,256 30.92 5,360 64,314 32.48 5,630 67,558 34.11 5,912 70,949 35.82 6,209 74,506 37.58 6,514 78,166 Sr. Administrative Assistant 228 33.20 5,755 69,056 34.87 6,044 72,530 36.59 6,342 76,107 38.43 6,661 79,934 40.34 6,992 83,907 42.37 7,344 88,130 Traffic Enforcement Specialist 422 28.47 4,935 59,218 29.89 5,181 62,171 31.38 5,439 65,270 32.95 5,711 68,536 34.60 5,997 71,968 36.33 6,297 75,566
B.P.P.A. M.O.U.
EXHIBIT C – COMPENSATION PLAN
A. PURPOSE. The purpose of this Plan is to establish a Merit system of compensation for all Police Department employees based upon performance and productivity, with due consideration for all qualities of service and contribution to the City.
B. SALARY RANGES AND SALARY RATES. The establishment of salary ranges and salary rates and the allocation of classes thereto shall be by Resolution of the City Council. The type of appointment shall determine whether an employee's salary rate shall be on a biweekly or hourly basis.
1. Full-time Probationary, Provisional, Temporary, and Acting Appointments. An employee having a provisional, probationary, or acting appointment that is on a full time basis, shall be compensated at a biweekly rate.
2. Other Appointments. An employee having any other type of appointment shall be compensated at an hourly rate.
C. RESPONSIBILITIES OF CITY MANAGER. Employees shall be paid at biweekly or hourly rates as determined by the City Manager, subject to the provisions of this Resolution.
At least annually the City Manager shall review the existing Compensation Plan and recommend to the City Council a salary range and salary rates for each class for which the City Manager is the appointing authority. In determining salary ranges and salary rates, consideration shall be given to both basic pay, fringe benefits, and working conditions.
D. COMPENSATION PROCEDURES - SALARY SCHEDULES.
1. Entry Level Salary Rates:
a. In General. Except as otherwise provided herein, all new employees shall be appointed at Step 1 of the salary range in effect for the class in which the appointment is made.
b. Exceptions. The City Manager may authorize such new appointments at a salary rate up to Step 6 or Step 7 of the appropriate salary range, when the City Manager determines that equity among employees and the interests of the City will best be served.
c. Temporary Appointees. Persons employed or re- employed for part -time, temporary, or seasonal service may, upon written recommendation of the Department Head and approval of the City Manager, be compensated at any rate established for the class.
B.P.P.A. M.O.U.
d. Acting Appointments. Acting appointments may carry additional compensation if recommended by the Department Head and approved by the City Manager, or when the City Manager determines that equity among employees and the interests of the City will best be served.
2. Step Increases Within the Range. All salary increases within the rang e shall be made in five percent increments whenever possible.
a. Step 1 is the minimum rate and is normally the hiring rate for the class.
b. Employees are eligible to progress through the second and third steps any time after completion of six months of service at the preceding step. These salary increases are awarded in recognition of good performance and as an incentive to continued work improvement. These increases shall be made only if recommended by the Department Head and approved by the City Manager.
c. Employees are eligible for additional salary increases to the fourth, fifth, sixth, or seventh steps any time after completion of one year of service at the preceding steps on their salary anniversary date. These increases shall be made only if recommended by the Department Head and approved by the City Manager and are awarded in recognition of good performance and as an incentive for continued work improvement.
E. COMPENSATION UPON PROMOTION.
1. Every promotion from one class to a higher class shall carry a minimum salary increase of five percent. In the event a promotion is made within six months of the employee's salary anniversary date, the placement on the new range shall be to the step of the new range which shall be seven and one-half percent or 10% over the current rate.
2. The probation and salary procedures for the position shall follow those prescribed in the various applicable paragraphs of Section D.
3. For promotion to a management position the probation and salary procedures shall follow those prescribed in the various applicable provisions of the Management Compensation Plan.
F. COMPENSATION ON DEMOTION.
1. Involuntary Demotion. An employee who is involuntarily demoted shall be reduced in salary to the nearest lowest salary rate of the class of position to which demoted.
The employee shall not be required to serve a probationary period in the lower position unless specifically determined by the City Manager.
B.P.P.A. M.O.U.
2. Voluntary Demotion. An employee who is demoted at the employee's own request shall retain the current salary rate if such rate is within the salary range of the lower classification. If the employee's salary rate prior to the demotion was higher than the maximum salary of the lower position, the employee shall receive the latter.
The employee shall not be required to serve a probationary period in the lower position unless specifically determined by the City Manager.
G. FAILURE TO COMPLETE PROBATION PERIOD. The compensation of an employee who is rejected during a probation period in a classification and who is assigned to a classification having a lower salary range shall be as follows:
1. If the employee had previously completed a probation period in a lower classification, the employee shall not be required to serve another one; the employee's last salary rate in the lower position shall be the new salary rate upon reassignment to that pos ition and the employee shall earn eligibility to receive subsequent merit salary advancements in accordance with appropriate paragraphs in Section D or E.
2. If the employee had not previously completed a probation period in a lower classification, the effective date of reassignment to that class shall be the employee's new probationary anniversary date, and the employee shall be required to serve a probation period.
H. COMPENSATION ON POSITION RECLASSIFICATION. The salary of an employee in a position that is reclassified shall be determined as follows:
1. Class With Same Salary Range. If the position is reclassified to a class with the same salary range as the previous class, and if the incumbent is appointed to the reclassified position, the salary rate and the salary review date of the employee shall not be changed. This provision shall also apply to a change of class title provided there is no change in the basic duties of the position.
2. Class With Higher Salary Range. If the position is reclassified to a class with a higher salary range than the previous class, and if the incumbent is appointed to the reclassified position, the salary of the employee shall be governed by the Section on Compensation Upon Promotion.
3. Class With Lower Salary Range. If the position is reclassified to a class with a lower salary range than the previous class, and if the incumbent is appointed to the reclassified position, the employee's salary shall not change, and the employee shall not be required to serve a new probation period.
I. COMPENSATION ON TRANSFER. The salary rate and salary review date of an employee who is transferred in class shall not change.
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J. COMPENSATION FOR PORTION OF PAY PERIOD. A regular or probationary appointee serving on a full-time basis who works less than a full biweekly pay period, except when on authorized leave of absence with pay, shall receive as compensation for such period an amount equal to the number of hours worked times the employee's hourly rate. The number of hours worked in such pay period shall include paid holidays.
K. CHANGE IN CLASS SALARY RANGE. If a class is allocated to a different salary range, an employee in a position in that class shall be compensated at the same lettered step in the new range as the employee was receiving in the previous range, and the salary review date shall not change.
L. COMPENSATION FOR ACTING APPOINTMENTS. Subject to the following conditions, an employee who is required on the basis of an acting appointment to serve in a class with higher salary range than that of the class in which the employee is normally assigned shall receive the entry level salary rate of the higher salary range or the rate five percent (5%) higher than the rate the employee normally receives, whichever is greater, for all such hours assigned.
1. The employee must perform all the duties and assume all the responsibilities of the higher class.
2. Compensation for acting appointments shall be limited to the temporary filling of a vacant regular position due to termination, promotion, or extended sick leave of the incumbent or the temporary filling of newly budgeted positions, where the needs of the City require that the position be filled.
3. Acting appointments shall not receive merit increases and shall not be permitted for a period in excess of six continuous months, except in the manner provided in Section 2.20.080 of the Buena Park City Code.
4. The City Manager must approve all such appointments upon findings meeting the criteria set forth in this paragraph.
M. CHANGES IN SALARY ANNIVERSARY DATE. The granting of any leave of absence without pay exceeding 30 calendar days shall result in a new salary anniversary date plus the number of calendar days of the employee's leave in excess of 30 calendar days.
N. PROBATIONARY APPOINTMENT FOLLOWING PROVISIONAL APPOINTMENT.
Notwithstanding the other provisions of this Resolution, a provisional appointee in a class who, without a break in service, receives a probationary appointment to a position in the same class shall be eligible for consideration for a salary advance after six months of satisfactory service, including the employee's provisional service, as
B.P.P.A. M.O.U.
evidenced in writing by the Department Head and approved by the City Manager, and shall accrue leave benefits from the date of the provisional appointment.
The employee's probation period shall commence with the date of the provisional appointment. Satisfactory completion of such probation period shall be on written recommendation of the Department Head and approval of the City Manager.
The salary advance provisions of this section shall not apply when a provisional appointee in a class receives, without a break in continuous City service, a probationary appointment to a position in a different class having a higher salary range. The salary review date of such appointee shall be the date of the probationary appointment.
O. CONSIDERATION OF EMPLOYEE REQUESTS. Any employee shall have the right to consideration by the City Manager of any request with respect to a claimed inequity resulting from the strict application of any of the sections contained herein. The employee shall s ubmit to the Department Head a written statement of the claimed inequity and employee request. The Department Head shall promptly forward the statement and the request along with the Department Head's written recommendation to the City Manager.
P. CONTINUITY OF SERVICE REQUIREMENTS. Continuous service, as required for advancement within salary ranges and for other purposes specified in this Resolution, is defined as City Employment on a probationary, regular, or acting appointment basis without break or interruption.
Q. AVOIDANCE OF INEQUITIES. The City Manager may authorize special adjustments to avoid or eliminate inequities resulting from the strict application of any of the provisions of this Resolution.
R. ADMINISTRATIVE REGULATIONS. The City Manager is authorized to issue written administrative personnel regulations designed to augment or clarify the provisions of this Resolution. Prior to issuance, such regulations shall be referred to the City Attorney as to their conformance with this Resolution. At least annually, such regulations shall be considered for possible incorporation in a revision of this Resolution.
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EXHIBIT D – HIRING OF EMPLOYEE RELATIVES
The hiring of relatives of City employees is based upon the following criteria:
A "relative" is defined as a spouse, child, step- child parent, step- parent, parent-in-law, legal guardian, brother, sister, brother-in-law, sister-in-law, step-brother, step-sister, aunt, uncle, niece, nephew, grandchild, grandparent, regardless of their place of residence, or any other individual related by blood or marriage living within the same household as the City employee.
An "employee" is defined as any person who receives a City payroll check for services, full or part-time rendered to the City of Buena Park.
The employment of relatives of City employees within the City of Buena Park is limited to the following situations: Any relative of a Council Member or the City Manager shall not be considered for employment within the City of Buena Park in any capacity, either full-time or part-time.
Any relative of a City -appointed commissioner, board or committee member, or department manager, may not be considered for employment within the departm ent or area of responsibility of such City-appointed commissioner, board or committee member of department manager. The employment of relatives of all other City employees is prohibited within the department of the existing employee when such related employee may: perform joint duties, share responsibility or authority; report to the same immediate supervisor; or be supervised by or would supervise a relative.
Relatives of City employees, except for relatives of Council Members, the City Manager, City-appointed commissioners, board or department managers may be hired for seasonal assignments. However, such employment shall not exceed twenty 20% of the complement of seasonal employees in that classification and shall be selected only by an open recruitment process.
City employees who are related as described above, shall not be affected in their current job status except when the City Manager determines that the circumstances of such employment raises an undue hardship upon the other employees within the particular work unit and that such employment is detrimental to the supervision, safety, security or morale of the particular work unit.
If two existing City employees become married and their employment conflicts with the policy stated above, they may continue employment provided that such employment does not directly or indirectly place an undue hardship upon other employees within the particular work unit of the married couple and such employment is not detrimental to the supervision, safety, security or morale of the particular work unit. The City Manager shall determine whether or not such detriment or undue hardship exists.
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The City Manager is authorized to issue written guidelines to implement and enforce this policy. All determinations made by the City Manager shall be final and conclusive and not subject to Section 2- 136 of the Administrative Section of the City Code. In all situations where the City Manager determines a conflict to exist between existing or future related employees, the City Manager shall attempt to resolve such conflict in the following manner:
A. Attempt to redefine the job responsibilities of the related employees within the department to minimize the conflict.
B. If such redefinition of job status is not feasible, attempt to transfer one of the employees to a similar position (without guarantee or identical salary) that would not be in violation of this policy.
C. If transfer is not feasible or acceptable, request the voluntary resignation of one of the employees.
D. If one of the employees does not voluntarily resign, the employee with the least employment experience in the City of Buena Park may be discharged by the City Manager.
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EXHIBIT E – HARASSMENT IN EMPLOYMENT POLICY
I. PURPOSE OF POLICY
A. To define and issue to all employees the City’s policy on the prohibition and prevention of harassment, discrimination, retaliation and bullying in the workplace.
B. To fully inform all employees of their right to have a safe work environment and be free of unlawful harassment, discrimination, retaliation, and bullying in the workplace.
C. To fully inform all employees that the City of Buena Park does not and will not tolerate any conduct that is believed to violate this Policy in the workplace.
D. To inform all employees of their rights if they believe that they are or have been the victim of harassment, discrimination, retaliation, and bullying.
E. To provide a means for the prompt reporting and full and effective investigation of harassment, discrimination, retaliation, and bullying complaints and to provide for effective remedial action against the harasser and for the victim.
II. STATEMENT OF POLICY
It is the p olicy of the City that it will not tolerate verbal or physical conduct by any employee which harasses, discriminates, retaliates, disrupts, or interferes with another’s work performance or which creates an intimidating, offensive, or hostile environment. I n addition to prohibiting all forms of harassment, discrimination and retaliation, the City also prohibits any form of “intimidation or bullying” in the workplace or elsewhere, such as at offsite events.
Harassment or discrimination against an applicant, unpaid intern, volunteer, or employee by a supervisor, management employee, elected or appointed official, co- worker, member of the public, or contractor on the basis of race, religion, color, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), national origin, ancestry, citizenship status, disability, medical condition, genetic characteristics or information, marital status, age, sexual orientation (including homosexuality, bisexuality, or heterosexuality), military or veteran status, or any other protected classification as defined below is prohibited and will not be tolerated.
This Policy applies to all terms and conditions of employment, including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training.
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Harassment violates Title VII of the Civil Rights Act of 1974, the California Government Code, and regulatory guidelines of the Equal Employment Opportunity Commission and the California Fair Employment and Housing Commission.
All employees will be expected to comply with this Policy and take appropriate measures to ensure that such conduct does not occur. Appropriate disciplinary action will be taken against any employee who violates this Policy against harassment, discrimination, retaliation, and bullying in the workplace. Based on the seriousness of the offense, disciplinary action will be taken up to and including termination.
When a violation of this Policy is reported, an investigation shall be conducted to determine if there was knowledge, or should have been knowledge, on the part of any supervisor, and whether any supervisor had failed to take immediate and appropriate corrective action.
Negligent supervision, tacit approval by “turning a blind eye”, treating the situation as a joke, failure to take action, or concealing a situation will subject the supervisor involved to disciplinary action.
Disciplinary action or other appropriate sanction up to and including termination will be instituted for prohibited behavior as defined below.
Any retaliation against a person for filing a complaint or participating in the complaint resolution process is prohibited. Individuals found to be retaliating in violation of this Policy will be subject to appropriate sanction or disciplinary action up to and including termination.
III. DEFINITION OF HARASSMENT
A. Protected Classifications: This policy prohibits harassment or discrimination because of an individual’s protected classification. “Protected Classification” includes race, religion, color, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), national origin, ancestry, citizenship status, disability, medical condition, genetic characteristics or information, marital status, age, sexual orientation (including homosexuality, bisexuality, or heterosexuality), and military or veteran status.
B. Policy Coverage: This Policy prohibits the employer, elected or appointed officials, officers, employees, or contractors from harassing or discriminating against applicants, officers, officials, employees, unpaid interns, volunteers, or contractors because of: 1) an individual’s protected classification; 2) the perception that a n individual has a protected classification; or 3) the individual associates with a person who has or is perceived to have a protected classification.
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C. Discrimination: This policy prohibits treating individuals differently because of the individual’s protected classification as defined in this Policy.
D. Harassment may include, but is not limited to, the following types of behavior that is taken because of a person’s protected classification. Note that harassment is not limited to conduct that city employees take. Under certain circumstances, harassment can also include conduct taken by those who are not employees, such as elected officials, appointed officials, persons providing services under contracts, or even members of the public:
1. Verbal Harassment – For example, epithets, derogatory comments or slurs, and propositioning on the basis of a protected classification. This might include inappropriate comments on appearance, including dress or physical features, or dress consistent with gender identification, or race- oriented stories and jokes.
2. Physical Harassment – For example, assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement. This includes pinching, grabbing, patting, proposition, leering, or making explicit or implied job threats or promises in return for submission to physical acts.
3. Visual Forms of Harassment – For example, derogatory posters, notices, bulletins, cartoons, emails, pictures or drawings related to a protected classification.
4. Sexual Harassment – Unwelcome sexual advances, requests for sexual favors and other acts of a sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual’s work performance or creates an intimidating, hostile or offensive work environment.
E. Guidelines for Identifying Harassment: To help clarify what constitutes harassment in violation of this Policy, use the following guidelines:
1. Harassment includes any conduct which would be “unwelcome” to an individual of the recipient’s same protected classification and which is taken because of the recipient’s protected classification.
2. It is no defense that the recipient appears to have voluntarily “consented” to the conduct at issue. A recipient may not protest for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized.
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3. Simply because no one has complained about a joke, gesture, picture, physical contact, or comment does not mean that the conduct is welcome. Harassment can evolve over time. The fact that no one is complaining now does not preclude anyone from complaining if the conduct is repeated in the future.
4. Even visual, verbal, or physical conduct between two individuals who appear to welcome the conduct can constitute harassment of a third individual who observes the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not explicitly or specifically directed at an individual.
5. Conduct can constitute harassment in violation of this Policy even if the individual engaging in the conduct has no intention to harass. Even well - intentioned conduct can violate this Policy if the conduct is directed at, or implicates a protected classification, and if an individual of the recipient’s same protected classification would find it offensive (e.g., gifts, over attention, endearing nicknames).
F. Retaliation: Any adverse conduct taken because an applicant, employee or contractor has reported harassment, discrimination, or bullying or has participated in the complaint and investigation process described herein, is prohibited. “Adverse conduct” includes but is not limited to: taking sides because an individual has reported harassment, discrimination, or bullying, spreading rumors about a complaint, shunning and avoiding an individual who reports harassment, discrimination, or bullying, or real or implied threats of intimidation to prevent an individual from reporting harassment, discrimination, or bullying. The following individuals are protected from retaliation: those who make good faith reports of harassment, discrimination, or bullying, those who associate with an individual who is involved in reporting harassment, discrimination, or bullying, and those w ho participate in the complaint or investigation process.
IV. DEFINITION OF BULLYING
A. All employees, consultants, independent contractors, and visitors have the right to be treated with respect. Bullying is the use of aggression with the intention of harming another individual . It can include any intentional written, visual, verbal, or physical act when the act physically harms the individual or damages his or her property; has the effect of interfering with an employee’s ability to work; is severe or pervasive; and creates an in timidating or threatening environment.
B. Bullying comes in many shapes and sizes and can take many forms including, but not limited to, excluding, tormenting, taunting, abusive comments, using threatening gestures; pushing, shoving, punching, unwanted physical contact, or any use of violence; graffiti; name calling, sarcasm, spreading rumors, and teasing. Such conduct can also occur via use of electronic or telephonic communications such as the internet, email and chat room misuse, mobile B.P.P.A. M.O.U.
threats by text messaging, or calls or misuse of cameras and video equipment.
Under certain circumstances, bullying can also include conduct taken by those who are not employees, such as elected officials, appointed officials, persons providing services under contracts, or even members of the public.
V. DEFINITION OF EMPLOYEE
For the purposes of this policy, an employee shall be defined as any individual, regardless of classification, employed by the City of Buena Park, or job applicants, unpaid interns, volunteers, or contractors working under the supervision of the City, vendors and contract employees.
VI. COMPLAINT PROCEDURE
A. Any employee, job applicant, unpaid intern, volunteer, or contractor who believes he or she has been the subject of harassment or any form of bullying should report the alleged act immediately verbally or in writing with any of the following. There is no need to follow the chain of command:
1. Immediate supervisor;
2. Any supervisor or manager within or outside of the department;
3. Department Head; or
4. Director of Human Resources.
B. The limitation on reporting alleged acts of harassment, discrimination, retaliation, and bullying must be within twelve months of the incident or incidents.
C. If a complaint involves a supervisor or manager, the complaint shall be filed directly with the department head or Director of Human Resources.
D. Any supervisor or department head who receives a harassment, discrimination, retaliation, or bullying complaint is to immediately notify the Director of Human Resources.
E. Upon notification of a harassment, discrimination, retaliation or bullying complaint, the Director of Human Resources will:
1. Inform the complainant of his or her right to initiate the complaint.
2. Authorize the investigation of the complaint and supervise a fair and thorough investigation of the complaint by impartial and qualified personnel and/or investigate the complaint.
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3. Investigation of a complaint will include interviewing the complainant, accused harasser and any named or apparent witness. Employees shall be protected from coercion, intimidation, retaliation, interference, or discrimination for filing a complaint or assisting in an investigation.
4. All complaints will be handled in a timely and confidential manner. In no event will information be released to anyone who is not involved with the investigation; nor will anyone involved be permitted to discuss the subject outside the investigation.
5. Review factual information gathered through the investigation to reach a reasonable conclusion to determine whether the alleged conduct constitutes harassment, discrimination, retaliation, or bullying giving consideration to all factual information, the totality of the circumstances, including the nature of the verbal, physical, visual or sexual favor aspect of the advance, and the context in which the alleged incidents occurred.
6. Timely report a summary of the results of the investigation and the determination as to whether harassment, discrimination, retaliation or bullying occurred to the appropriate person including complainant, alleged harasser, supervisor, and the department head. If discipline is imposed, the level of discipline will not be communicated to the complainant.
7. If conduct in violation of this Policy occurred, take and/or recommend to the department head prompt and effective remedial action against the harasser.
The remedial action will be commensurate with the severity of the offense.
Notify the victim that necessary steps of corrective action have been taken to resolve the problem.
8. Reasonable steps will be taken to protect the victim and other potential victims from further harassment, discrimination, retaliation, or bullying.
9. Reasonable steps will be taken to protect the victim from any retaliation as a result of communicating the complaint.
F. The city takes a proactive approach to potential Policy violations and will conduct an investigation if its officers, supervisors, or managers become aware that harassment, discrimination, retaliation or bullying may be occurring, regardless of whether the recipient or third party reports a potential violation.
G. Option to report to outside administrative agencies: An individual has the option to report harassment, discrimination, or retaliation to the U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These administrative agencies offer legal and a complaint
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process. The nearest offices and telephone numbers are listed on the posters that are located on City bulletin boards at the following locations:
• Human Resources Office
• Community Center
• Police Department
• City Yard
• Ehlers Event Center
• California Welcome Center
VII. CONFIDENTIALITY
Every possible effort will be made to assure the confidentiality of complaints made under this Policy. However, complete confidentiality cannot occur due to the need to fully investigate and the duty to take effective remedial action. As a result, confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Director of Human R esources. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction.
The employer will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.
VIII. RESPONSIBILITIES
Elected Officials, Appointed Officials, Managers, and Supervisors are responsible for:
1. Modeling appropriate and respectful behavior.
2. Informing employees, volunteers, and contractors of this Policy.
3. Taking all steps necessary to prevent harassment, discrimination, retaliation or bullying from occurring.
4. Receiving complaints in a fair and serious manner, and documenting steps taken to resolve complaints.
5. Monitoring the work environment and taking immediate appropriate action to stop potential violations, such as removing inappropriate pictures or correcting inappropriate language and behavior.
6. Following up with those who have complained to ensure that the behavior has stopped and that there are no reprisals.
7. Informing those who complain of harassment, discrimination, retaliation or bullying of his or her option to contact the EEOC or DFEH regarding alleged Policy violations.
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8. Assisting, advising, or consulting with employees and the Director of Human Resources regarding this Policy and Complaint Procedure.
9. Assisting in the investigation of complaints involving employee(s) in their departments and, if the complaint is substantiated, recommending appropriate corrective or disciplinary action in accordance with the City’s Personnel Rules and Regulations, up to and including termination.
10. Implementing appropriate disciplinary and remedial actions.
11. Reporting potential violations of this Policy of which he or she becomes aware, regardless of whether a complaint has been submitted, to the Director of Human Resources or the department head.
12. Participating in periodic training and scheduling employees for training.
Each employee or contractor is responsible for:
1. Modeling appropriate and respectful behavior.
2. Treating all employees, volunteers, and contractors with respect and consideration.
3. Participating in periodic training.
4. Fully cooperating with the City’s investigations by responding fully and truthfully to all questions posed during the investigation.
5. Maintaining the confidentiality of any investigation that the City conducts by not disclosing the substance of any investigatory interview, except as directed by the department head or Director of Human Resources.
6. Reporting any act he or she believes in good faith constitutes, harassment, discrimination, retaliation or bullying as defined in this Policy, to his or her immediate supervisor, or department head, or Director of Human Resources.
IX. MANDATORY TRAINING
As part of its commitment to ensuring a work environment free from bullying, harassment, and discrimination, the City requires that all of its supervisors and elected officials receive training on this Policy at least once every two years.
Human Resources will schedule multiple training sessions in the Spring biennially to ensure that employees and elected officials are able to attend the mandatory training. Attendance at the training will be documented.
X. DISSEMINATION OF POLICY
All Elected Officials and City employees, supervisors and managers shall receive a copy of this Policy. All management personnel will be informed of their responsibilities in enforcing this policy. The Policy may be updated from time to B.P.P.A. M.O.U.
time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this Policy.
This Policy shall be posted in appropriate places.
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EXHIBIT F – ADVISORY ARBITRATION
With respect to the bargaining members in this unit, City Council Resolution 1883, Rule XVI shall be amended as follows:
Section 2: Disciplinary Procedures
(h) Appeal to City Manager: The employee, upon receipt of notice of the imposition of disciplinary action against him, shall have the right to appeal the Department Head’s decision in writing to the City Manager, except that an oral or written reprimand may not be so appealed. Said appeal shall be delivered to the City Manager within ten (10) business days of the employee’s receipt of notice of the imposition of discipline.
Otherwise, the Department Head’s action shall be final and binding.
(i) Should the employee desire to appeal the Department Head’s decision directly to advisory arbitration rather than having the matter reviewed by the City manager, he may do so by filing with the Human Resources Director within ten (10) business days of his receipt of the notice of imposition of discipline by the Department Head, a written appeal to the City Council. Said written appeal shall be in form and content as required by these rules and, in addition, shall state that the employee knowingly and intentionally waives his opportunity to have the action of the Department Head first reviewed by the City manager. In such a situation, the provisions of subparagraphs (h) and (i) of this Section 2 shall be deemed inapplicable to the subject proceeding.
…
(j) Advisory Arbitration : The employee, upon receipt of notice of the affirmation of disciplinary action against him by the City Manager, whether by way of total affirmation or modification of the Department Head’s action, shall have the right to appeal the City Manager’s decision in an advisory arbitration; except that an oral or written reprimand as provided by these Rules may not be so appealed. Said appeal shall be delivered to the Human Resources Director within ten (10) business days of the employee’ s receipt of notice of the City Manager’s action. Otherwise, the City Manager’s action shall be final and binding. The advisory arbitration shall be conducted in accordance with the provisions of Section 5 of this Rule XVI.
Section 5: Advisory Arbitration
(a) Any regular employee shall have the right to appeal a decision by the City Manager involving dismissal, demotion, reduction in pay or suspension, or of a Department Head, if City Manager review is waived by the employee, provided, however that only one (1) advisory arbitration hearing shall be allowed as to any one (1) disciplinary action.
(b) The employee’s appeal shall be heard in an advisory arbitration by an impartial hearing officer selected in a manner mutually agreeable to the City Manager and the employee; if no agreement is reached the hearing officer shall be selected from a list of B.P.P.A. M.O.U.
advisory arbitrators from the California State Mediation and Conciliation Service (SMCS) or from a list agreed to between the City Manager and the employee. If the parties obtain a list of arbitrators from SMCS, the City will pay SMCS’s fee for providing the list.
(c) The employee may be represented by his/her Association/Union representative, any other regular employee of the City, or his/her attorney.
(d) The hearing officer shall issue subpoenas to compel the attendance of witnesses, if such be necessary at the request of either party.
(e) If both parties request that the hearing be recorded by a certified shorthand reporter, then the expenses for such recording services shall be borne equally by the City and the employee. If only one party requests that the hearing be recorded by a certified shorthand reporter, then that party alone will bear the expenses. Each party shall be responsible for any specialized or extraordinary services they might individually request.
(f) The expenses for the hearing officer shall be borne equally by the City and the Association, and each party shall be responsible for expenses they incur. The maximum expense for the hearing officer borne by the Association is $2,000.
(g) After the close of the hearing, the hearing officer shall prepare a written advisory award and findings of fact and conclusions of law based on the evidence presented at the hearing, and shall present his/her findings to the City Council and the employee within thirty (30) calendar days, or a longer period of time as stipulated by the parties. In rendering an award, the hearing officer shall be limited to the express terms of this document and shall not have the power to modify, amend, or delete any terms or provisions of this document. Failure of either par ty to insist upon compliance with any provision of this document at any given time or times under any given set or sets of circumstances shall not operate to waive or modify such provision, or in any manner whatsoever to render it unenforceable, as to any other time or times or as to any other occurrence or occurrences, whether the circumstances are, or are not, the same.
(h) At the hearing, both the appealing employee and the City shall have the right to be heard and to present evidence.
(i) Oral evidence shall be taken only on oath or affirmation. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross -examine opposing witnesses on any matter relevant to the issue even though the matter was not covered in the direct examination, to impeach any witness regardles s of which party called him/her to testify, and to rebut the evidence against him/her.
(j) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affai rs, regardless of the existence of any common law or statutory rules that might make B.P.P.A. M.O.U.
improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.
(k) The City Council shall review the hearing officer’s recommendation, but shall not be bound thereby. The City Council shall adopt, amend, modify or reject the recommended findings, conclusions and/or opinion of the hearing officer. Prior to making a decision which adopts the hearing officer’s recommendation, the City Council may order and read the transcript, at the Council’s discretion. Prior to making a decision which modifies or rejects the hearing officer’s recommendation, the City Council shall or der and read the transcript of the Board hearing.
(l) The City Council shall not conduct a de novo hearing. The City Council may, at its sole option, allow limited oral arguments from either party before making a decision.
(m) The decision of the City Council shall be final and binding, subject only to review by the courts under California Code of Civil Procedure section 1094.5.
(n) The City staff shall notify the appellant in writing, within five working days of the City Council’s decision. Such notice shall indicate the effective date of the action to be taken.
July 8, 2025
NEW BUSINESS
Item No. 5F.
City Council Agenda Report
AMENDED AND RESTATED EMPLOYMENT AGREEMENT BETWEEN THE CITY OF BUENA PARK AND CITYMANAGER AARON FRANCE
PREPARED BY PRESENTED BY
Eddie Fenton, Assistant City Manager/Director of
Human Resources
Eddie Fenton, Assistant City Manager/Director of
Human Resources
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Eddie Fenton, Assistant City Manager/HR Director Aaron France, City Manager
RECOMMENDED ACTION
1) Approve an amended and restated employment agreement between the City of Buena Park and City Manager Aaron France; and 2) Authorize the Mayor and City Clerk to execute the agreement.
PREVIOUS CITY COUNCIL ACTION
None.
DISCUSSION
The current agreement with the City Manager expires on July 5, 2025. On June 24, 2025, the City Council took action on a cost of living adjustment for general management and executive employees in the amount of 5% plus a 3% market adjustment effective July 5, 2025, and an additional five percent effective July 4, 2026. The City Council and the City Manager desire to extend the agreement, set the City Manager’s base compensation through July 2, 2027, and apply to the City Manager similar cost of living adjustments and fringe benefit adjustments provided to the executive management employees for the 2025-2027 fiscal years.
In an effort to maintain internal equity and improve pay compaction concerns with subordinate employees, the City Council and the City Manager have also agreed to add the same 3% market adjustment to the City Manager’s base pay for the 2025-2027 fiscal years.
BUDGET IMPACT
The salary increase is included within the adopted FY 2025-2027 Budget. No additional funding is requested.
These changes comply with the authorization previously provided by the City Council.
Attachments
City Manager Aaron France Employment Agreement 2025-2027 (Amended Restated 6.24.25).pdf
AMENDED AND RESTATED CITY MANAGER EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF BUENA PARK AND AARON FRANCE
This Amended and Restated Employment Agreement (“Agreement”) is made and entered into as of July 8, 2025, by and between the City of Buena Park, a California municipal corporation (“City” or “Employer”), and Aaron France, an individual (“Employee”).
R E C I T A L S
A. Employee has been employed by the City in various capacities since 2005, and has been employed in his current capacity as City Manager since March 9, 2021.
B. The current agreement between the City and City Manager expires on July 5, 2025.
C. Employee has demonstrated the requisite specialized experience, skills, training, certifications, licenses, and authorizations , and is otherwise qualified to serve as City Manager.
D. The City desires to retain Employee as City Manager and City Manager desires to continue to serve as City Manager beyond July 5, 2025.
E. City and Employee wish to enter into an amended and restated employment agreement that sets forth the rights and obligations of the parties and that will supersede all prior negotiations, discussions, or agreements.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Employee agree as follows:
1. TERM.
A. Initial Term. Unless sooner terminated as provided in Section 7, or extended as set forth in subsection (B) immediately below, this Agreement shall commence on July 5, 2025, (“Effective Date”) and shall remain effective through and including July 2, 2027, (“Expiration Date”).
B. Extensions. The term of this Agreement may be extended in writing on the same terms and conditions set forth herein and upon mutual consent of Employee and the City, with City’s consent requiring approval by the City Council. At least two (2) weeks prior to the Expiration Date (or no later than June 22, 2027), the City Council shall notify Employee whether it desires to extend the term of this Agreement on a month-to-month basis, or any such longer time agreed by the Parties. In the event the City Council declines or fails to give notice of its intent to extend this Agreement, such action or inaction shall constitute notice of intent not to extend. Employee shall remind the City Council of its obligation to give notice under this section not later than one (1) calendar month prior to the Expiration Date (or no later than June 2, 2027). Should Employee desire not to extend the term of this Agreement, Employee shall disclose this information in the notice provided to the City Council described in the preceding sentence.
2. DUTIES AND AUTHORITY . Employee shall be vested with the full powers and shall perform the full duties of the Office of City Manager as set forth in: the Buena Park City Code; any and all applicable rules, regulations and procedures; the official and most recent job description for City Manager; and applicable state or federal law, as each of the foregoing currently or may be amended in the future exist. At the option of City, Employee shall also serve as Executive Director of any authority or agency created by or staffed by the City. Employee shall exercise such other powers and perform such other duties as the City Council may assign from time to time.
3. EMPLOYEE'S OBLIGATIONS . Employee shall devote his full energies, interest, abilities and productive time to the performance of this Agreement, and utilize his best efforts to promote City's interests. Employee shall not engage in any activity, consulting service or enterprise, for compensation or otherwise, which is actually or potentially in conflict with or inimical to, or which materially interferes with his duties and responsibilities to City. Employee shall obtain prior authorization from the City Council for any outside employment, consulting, teaching, or enterprise.
4. SALARY AND BENEFITS.
A. Base Salary.
(1) Base Salary Schedule . During the term of this Agreement, City shall pay Employee the annual salary reflected in the table below at the beginning of the pay period that includes the Effective Date. Employee’s annual salary will be prorated and paid on City’s normal paydays, subject to legally permissible or required withholdings.
Employee’s salary is compensation for all hours worked and for all services under this Agreement, including but not limited to service as Executive Director for any commission, boards, or agencies affiliated with the City, or any other service provided or position served by the City Manager for the City. Employee shall be exempt from the overtime pay provisions of California law (if any) and federal law.
Effective Date Annual Salary Monthly Equivalent
7/5/2025 $313,456.00 $26,121
7/4/2026 $329,139.20 $27,428
(2) Management Salary Adjustments. Employee shall receive general cost of living adjustments and other salary and benefit enhancements granted for other management employees only as made expressly applicable to Employee by action of the City Council. Employee shall be subject to any wage or salary concession generally applicable to management employees of City only if expressly applicable to Employee by action of the City Council or as agreed to by Employee. Salary concessions include salary reductions, furloughs, or any other wage concession generally applic able to management employees.
B. Employment Benefits.
(1) Fringe Benefit Package. In addition to base salary and except as expressly provided in this Agreement, Employee shall receive the same fringe benefits currently provided to other full-time management employees of City, as provided in the City’s Compensation Plan for management and executive employees and as those benefits exist on the effective date of this Agreement. Such fringe benefits shall be subject to the terms and conditions of the applicable plan, policy, or other controlling documents. In the event a benefit has different terms for executive management and any other group of management employees, the executive management benefit shall apply to Employee. Except as otherwise required by law or by contract with any benefit provider, changes in benefits shall not apply to Employee, unless and until so determined by action of the City Council. (2) Incentive Pays. Employee shall be eligible for the following incentive pays:
a. Longevity Pay: Employee shall receive an additional four percent of base salary.
b. Educational Incentive: Master’s Degree - $200 per month (3) CalPERS Employee Contributions . Employee shall pay the entire employee contribution under the City’s Public Employees’ Retirement System plan for miscellaneous employees. In the event City implements wage or salary concessions that are in-lieu of a requirement for management employees to pay some or all of the employee contributions, Employee will not be subject to such wage or salary concessions and contrary terms of Section 4, Paragraph A(2), above, shall not apply. This paragraph has no effect on provisions of the Compensation Plan for management employees requir ing employees to pay a portion of the CalPERS employer contribution.
(4) Vacation and Management Leave Additional Terms . Employee may accrue vacation leave up to a maximum of 32 0 hours. Once Employee reaches the maximum accrual of 320 hours, Employee shall earn no additional vacation until his accrued balance falls below 32 0 hours. Upon termination of employment with the City (including retirement), as opposed to the mere termination or expiration of this Agreement, Employee shall receive cash payment for all accrued and unused vacation, not to exceed the maximum accrual limit of 32 0 hours. (The base hourly rate for purposes of the cash payment at termination shall be determined in the manner City normally uses at that time to convert base salary amounts to an hourly rate.) Any contrary terms of the Compensation Plan for management employees notwithstanding, Employee shall not be eligible for management or executive management leave beyond the basic grant of 60 hours per fiscal year given to all management employees.
(5) Vacation and Sick Leave Scheduling. Employee may schedule and use vacation time at his discretion, with due regard for the demands of the City Manager position and the needs of the City. Employee shall notify the City Council in writing before taking more than five (5) consecutive working days of vacation time, pre- scheduled sick leave, or otherwise being voluntarily absent from work for such period. Any requirement for department head or City Manager approval stated in the vacation or sick leave programs are not applicable to Employee.
(5) Service Retirement Account . Prior to the E ffective Date of this Agreement, City provided Management Employees hired between J uly 1, 1999, and July 21, 2012 , with a Service Retirement Account (SRA) to defer out -of-pocket expenses for purchasing group medical insurance during retirement. During the term of this Agreement and while serving as City Manager, Employee desires to maintain his current account balance and eligibility to participate in the program as expressly as described in the Management Compensation Plan. However, 1) Employee desires to cease future contributions into this SRA program, and 2) Employee desires any calculations made in the program at retirement be made at the same base hourly rate of pay ($85.52/hour) as his former Assistant City Manager position.
(6) Cellular Phone. Prior to the E ffective Date of this Agreement, City provided Employee with a cellular telephone and service plan for both personal and professional use. City will continue to provide Employee a cell phone and service plan during the term of this Agreement, subject to the same terms and conditions as existed immediately prior to this Agreement. In satisfaction of this requirement, Employee will retain his current cell phone and service plan. The cell phone and service plan may be changed in the future in the same manner as is applicable to other management employees receiving City provided cell phones and plans.
(7) Expenses. City recognizes that Employee may incur certain expenses of a non-personal and job-related nature. City agrees to reimburse or to pay such business expenses, which are incurred and submitted according to City’s normal expense reimbursement procedures. To be eligible for reimbursement, all expenses must be supported by documentation meeting City’s normal requirements and must be submitted within time limits established by City.
(8) City Vehicle . City shall provide Employee with the use of a City passenger vehicle. City will insure (or self -insure), maintain, and pay the cost of fuel to operate this vehicle. Employee may use the vehicle for personal and official business. (9) Bonding. City shall bear the full costs of any fidelity or other bonds required of Employee (if any) under any law or ordinance by virtue of his employment as City Manager.
C. Employment Status. This Agreement will continue Employee’s employment with the City without interruption. Consequently, Employee’s length of service with the City will continue to advance, without interruption, for benefits administration or other relevant purposes. Employee’s paid leave balances will carry -over to the new position of City Manager, and Employee will accrue additional leave time during the term of this Agreement based on overall length of service with the City.
5. EVALUATIONS. Employee shall report to and may be evaluated by the City Council at any such times as determined in the City Council’s discretion. During the term of this Agreement, Employee’s performance as City Manager may be reviewed by the City Council every twelve (12) months after the Effective Date . Employee will request and schedule such reviews, as appropriate pursuant to City agenda procedures or as otherwise directed by City Council. Nothing in this paragraph is intended to limit or preclude additional evaluations or reviews of Employee’s performance by the City Council, or to limit or restrict the normal communications process between the City Council and the position of City Manager.
6. INDEMNIFICATION. Except as otherwise permitted, provided, limited or required by law, including without limitation California Government Code Sections 825, 995, and 995.2 through 995.8, the City will defend and pay any costs and judgments assessed against Employee arising out of an act or omission by Employee occurring in the course and scope of Employee's performance of his duties under this Agreement. However, in the event City provides funds for legal criminal defense pursuant to this section and terms of the Government Code, Employee shall reimburse the City for such legal criminal defense funds if Employee is convicted of a crime involving an abuse of office or position, as provided by Government Code Sections 53243 – 53243.4.
7. AT-WILL EMPLOYMENT RELATIONSHIP.
A. Consistent with Buena Park City Code Section 2.16.010 and California Government Code Section 36506, by way of this Agreement Employee is appointed by and serves as City Manager at the pleasure of the City Council. Nothing in this Agreement shall prevent, limit , or otherwise interfere with the right of the City Council to terminate this Agreement. City shall pay Employee for all services rendered under this Agreement throughout the term , and Employee shall have no right to any additional compensation or payment of any kind or nature; with the exception for payment of benefits to Employee as provided under Section 4 that accrue to Employee prior to the effective date of termination or expiration of this Agreement, and any severance payments that may be due Employee as provided in Section 8 below.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to entirely resign from employment with City, provided that Employee shall provide the City at least thirty (30) calendar days prior written notice.
8. SEVERANCE.
A. In lieu of the procedures and time limits provided under Buena Park City Code Sections 2.16.070 – 2.16.090, if Employer terminates this Agreement (thereby terminating Employee’s Employment), without cause, Employer shall pay Employee a lump sum severance benefit calculated as provided in this paragraph. On the effective date of this Agreement, the lump sum severance shall be equal to twelve (12) months of Employee’s then applicable base salary. The applicable base salary shall be Employee’s base salary in effect on the effective date of termination.
B. In the event Employee’s employment is entirely terminated by the City with (or for) cause, Employee shall not be entitled to any severance. As used in this Agreement, “cause” shall mean any of the following:
(1) Conviction of a felony;
(2) Conviction of a misdemeanor arising out of Employee’s duties under this Agreement and involving a willful or intentional violation of law; (3) Willful abandonment of duties;
(4) A pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted policy decisions of the City Council made by the City Council as a body, or persistent and willful violation of properly established rules and procedures; and
(5) Any other action or inaction by Employee that materially and substantially impedes or disrupts the performance of City or its organizational units, or is detrimental to employee safety or public safety.
C. If Employee voluntarily terminates this Agreement , or Employee otherwise entirely terminates or resigns from employment with the City, Employee shall not be entitled to any severance.
D. Any other term of this Agreement notwithstanding, the maximum severance that Employee may receive under this Agreement shall not exceed the limitations provided in Government Code Sections 53260 – 53264, or other applicable law. Further, in the event Employee is convicted of a crime involving an abuse of office or position, Employee shall reimburse the City for any paid leave or cash settlement (including severance), as provided by Government Code Sections 53243 – 53243.4.
9. INTEGRATION OF AGREEMENT . This Agreement contains the entire agreement between the parties and supersedes all prior oral and written agreements, understandings, commitments, and practices between the parties concerning Employee’s employment with the City. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or written, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, st atement, or promise not contained in this Agreement shall be valid or binding on either party.
10. METHOD OF AMENDMENT . No amendments to this Agreement may be made except by a writing signed and dated by City and Employee.
11. NOTICES. Any notice to City under this Agreement shall be given in writing to City, either by personal service or by registered or certified mail, postage prepaid, addressed to the City Clerk at the City's then principal place of business. A courtesy copy shall be given to the City Attorney in a like manner. Any such notice to Employee shall be given in a like manner and, if mailed, shall be addressed to Employee at his home address then shown in City's files. For the purpose of determining compliance w ith any time limit in this Agreement, a notice shall be deemed to have been duly given (a) on the date of delivery, if served personally on the party to whom notice is to be given, or (b) on the third calendar day after mailing, if mailed to the party to w hom the notice is to be given in the manner provided in this Article.
12. GENERAL PROVISIONS.
A. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances.
B. This Agreement sets forth the final, complete, and exclusive agreement between City and Employee relating to the employment of Employee as City Manager by City. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The foregoing notwithstanding, Employee acknowledges that, except as expressly provided in this Agreement, his employment is subject to City’s generally applicable rules and policies pertaining to employment matters, such as those addressing equal employment opportunity, sexual harassment and violence in the workplace.
C. This Agreement shall be interpreted and construed pursuant to and in accordance with the local laws of the State of California and all applicable City Codes, Ordinances and Resolutions.
D. Employee acknowledges that he has had the opportunity and has conducted an independent review of the financial and legal effects of this Agreement. Employee acknowledges that he has made an independent judgment upon the financial and legal effects of this Agreement and has not relied upon any representation of City, its officers, agents or employees other than those expressly set forth in this Agreement.
IN WITNESS WHEREOF , the parties have caused this Agreement to be signed and executed personally or on its behalf by its duly authorized representative.
E
MPLOYEE
______________________________
AARON FRANCE
C
ITY
By: ___________________________
JOYCE AHN, MAYOR
CITY OF BUENA PARK
ATTEST:
__________________________ (Seal)
City Clerk
July 8, 2025
NEW BUSINESS
Item No. 5G.
City Council Agenda Report
SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BUENAPARK, CALIFORNIA, AMENDING SECTION 2.04.030 OF THE BUENA PARK MUNICIPAL CODE PERTAININGTO SALARIES FOR CITY COUNCIL MEMBERS
PREPARED BY PRESENTED BY
Eddie Fenton, Assistant City Manager/Director of
Human Resources
Eddie Fenton, Assistant City Manager/Director of
Human Resources
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Eddie Fenton, Assistant City Manager/HR Director Aaron France, City Manager
RECOMMENDED ACTION
1) Second reading and adoption of an ordinance amending Buena Park Municipal Code Section 2.04.030 to increase salaries for City Council Members.
PREVIOUS CITY COUNCIL ACTION
None.
DISCUSSION
On June 6, 2023, the City Council adopted Ordinance No. 1722 to fix the monthly salary for the Mayor and City Council Members at $1,473 per month effective December 10, 2024. On June 29, 2023, Governor Newsom signed Senate Bill 329 (SB 329), which allows cities to adjust City Council Member salaries based on population to take into account inflation, the work done by local government officials, and the need to ensure that people are not discouraged from seeking City office due to the low pay and high demands of holding office. Pursuant to SB 329, the new base pay amount for city council members in all cities of 75,000 to 150,000 population was limited to $1,900 per month.
On June 24, 2025, the City Council took action on a cost-of-living adjustment for general management employees in the amount of five percent (5%) effective July 5, 2025, and an additional five percent (5%) effective July 4, 2026, for a two-year agreement. In addition, at the City Council Meeting of June 24, 2025, an ordinance was introduced proposing to increase the salaries of City Council Members to $1,900 per month.
This new salary adjustment for City Council Members complies with Government Code 36516, which allows cities with populations between 75,000 and 150,000 to approve council member salaries of up to one thousand nine hundred dollars ($1,900) per month by ordinance. This increase is intended to promote greater diversity on City Councils by providing increased compensation, which can enable individuals from a wider range of income levels to serve in public office while still supporting their families. Government Code 36516 also requires the City Council to consider the adoption of an ordinance to increase City Council Member compensation in open session during at least two regular meetings of the City Council.
The law requires that any salary increases for City Council Members can only take effect when one or more members begin a new term of office. For the 2025 year, this is expected to happen on December 8, 2026. On that date, the monthly salary for City Council Members will increase to $1,900 per month.
BUDGET IMPACT
The proposed salary increase is included within the adopted FY 2025-2027 Budget. These changes comply with the authorization provided by the City Council.
Attachments
ORD City Council Salaries 2025 2026 Ordinance Second Reading.pdf ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF BUENA PARK,
CALIFORNIA, AMENDING SECTION 2.04.030 OF
THE BUENA PARK MUNICIPAL CODE
PERTAINING TO SALARIES FOR CITY COUNCIL
MEMBERS
WHEREAS, the City of Buena Park (“City”) is a California charter city vested with the police powers to enact and enforce local ordinances necessary to protect and advance the general health, safety, and welfare of the community;
WHEREAS, Government Code Section 36516 states that a city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city, with such salary being $1,900 per month for city council members of cities with a population between 75,000 and 150,000 residents;
WHEREAS, Section 2.04.030 of the Buena Park Municipal Code establishes the salaries for members of the Buena Park City Council (“City Council”), and said section was last amended prior to the effective date of Senate Bill 329 with the City Council’s adoption of Ordinance No. 1722 on June 6, 2023;
WHEREAS, the time, commitment and expense of serving on the City Council has increased significantly since the City Council’s salary was last adjusted, and increasing the monthly compensation for individuals serving on the City Council as permitted by the Government Code is necessary and appropriate to keep pace with inflation and enable individuals with varied income levels to receive a salary in an amount that compensates their public service and aids their ability to serve the community while and simultaneously supporting their families; and
WHEREAS, consistent with the dictates of Government Code Section 36516.5, the effective date of the adjustment to the salaries of the City Council made by this ordinance shall be delayed until one such council member commences a new term of office.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK DOES ORDAIN AS FOLLOWS:
Section 1: The facts and findings set forth in the above recitals are true and correct, and incorporated as a substantive part of this ordinance.
Section 2: Section 2.04.030 of the Buena Park Municipal Code is hereby amended in its entirety to read as follows:
"Each member of the City Council shall receive, as salary, the sum of one thousand nine hundred ($1,900) dollars per month, which shall be payable from and after the operative date of Ordinance No. ____. Such salary shall be payable in the same manner as salaries are paid to other officers and employees of the City. Salaries for City Council Members shall be prorated on the basis of a thirty-day month in the event any City Council M ember leaves or assumes office."
ORDINANCE NO. _______