FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA ANA
AND
FULL-TIME EMPLOYEES UNIT
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721
FOR THE TERM JULY 1, 2022 THROUGH JUNE 30, 2025
This First Amendment to the Memorandum of Understanding ("MOU'") is entered into on October 15, 2024, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and the laws of the State of California ("City") and the Service Employees International Union Local 721 ("SEIU") a recognized employee bargaining unit (collectively "Parties").
RECITALS
WHEREAS, the Parties have entered into an MOU with a term of July 1, 2022 through June 30, 2025; and
WHEREAS, the Parties wish to modify Article 9.0 of their MOU as set forth below.
THE PARTIES THEREFORE AGREE as follows (additions are underlined and deletions are stricken):
Article 9.0; Section 9.6 (A) to amend the language as follows:
9.6 Vacation Cash-Out
A. Annual Buy Back
If an employee wants to cash-out unused vacation leave they accrued during the calendar year, they must make an irrevocable election by December 15t of the prior calendar year (i.e. by December 15, 2022 for a cash-out in calendar year 2023).
2. The irrevocable election must indicate the amount of vacation hours the employee intends to cash-out during that next calendar year. 1 The number of hours to be cashed-out cannot exceed the total number of hours the employee will accrue during that same calendar year, or a maximum of one hundred (100) hours, whichever is the lesser amount.
3. Once the election form is submitted to Human Resources, the amount of hours to be cashed-out cannot be changed for that calendar year.
Employees may submit a request for cash-out up to two times (2X) per year- for payment in the first paycheck periodof which includes July + and/or December 15.
In the event an employee's vacation leave balance (on either pay period when they can elect to cash-out) is less than the amount of hours the employee had previously elected to cash-out (in the prior calendar year), the employee will only receive payment for the amount of accumulated vacation leave remaining at the time of the cash-out in either July or December.
If an employee makes an irrevocable election to cash-out vacation in the following calendar year and uses vacation leave during that subsequent calendar year, the vacation leave used will first come from vacation leave the employee had earned (if any) prior to January 1 of the calendar year the employee had elected to cash-out. The use of such earned, but unused, vacation leave accumulated from previous calendar years shall not result in a reduction in the amount of vacation hours the employee is eligible to cash- out.
2. Except as modified by this First Amendment, the terms and conditions of the MOU shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment to the MOU, on the date and year written above.
CITY OF SANTA ANA
Alvaro Nuñez Date
City Manager
2 ATTEST:
Jennifer L. Hall Date
City Clerk
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: Laura A. Rossini 9/26/2024
Laura A. Rossini Date
Chief Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Faiscmaider 10/1/24
Lori Schnaider Date
Executive Director of Human Resources
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721
ryan Murillo 9/26/24
Ryan Murillo, Worksite Organizer Date
10/1/24
Ruben Hernandez, SEIU Chapter President
[Signature Page- First Amendment to MOU]
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