FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA ANA
AND
THE SANTA ANA POLICE OFFICERS ASSOCIATION
FOR THE TERM JANUARY 1, 2024 THROUGH JUNE 30, 2027
This First Amendment to the Memorandum of Understanding ("MOU") is entered into on October 6, 2026, 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 Santa Ana Police Officers Association ("SAPOA") a recognized employee bargaining unit (collectively "Parties'").
RECITALS
WHEREAS, the Parties have entered into an MOU with a term of January 1, 2024 through June 30, 2027; and
WHEREAS, Section 16.2 of the MOU provides a disciplinary appeal procedure pursuant to the Government Code Section 3304.5 of the Public Safety Officers' Procedural bill of Rights Act;
WHEREAS, the Parties have met and conferred regarding modifying portions of this procedure and reached an agreement; and
WHEREAS, the Parties wish to modify Article 16.0, Section 16.2 of the MOU as set forth below.
THE PARTIES THEREFORE AGREE as follows (additions are underlined and deletions are stricken):
16.2 Disciplinary Appeals Procedure
The following appeals procedures are adopted by the parties pursuant to Government Code section 3304.5 of the Public Safety Officers' Procedural Bill of Rights Act.
A. Punitive Action - The term "punitive action" means any action defined by Government Code section 3303, i.e., "any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment."
B. Formal Appeals Procedures - For Punitive Action not Covered by the Informal Hearing Process
Filing an appeal: If an employee desires to appeal a disciplinary action not covered by the informal process, they (or their representative shall submit a written notice of appeal to the Executive Director of Human Resources or designee. A representative of the City shall contact either the employee or their identified representative within ten (10) calendar days of receipt of the notice of appeal to determine whether the parties can agree on an arbitrator to hear the appeal. If the parties cannot reach agreement on an arbitrator, the Executive Director of Human Resources or designee will send a letter to the State Mediation and Conciliation Service requesting :
list of seven (7) arbitrators. Once the list is received, the representative of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing.
Final Hearing process: During the hearing, the formal rules of evidence do not apply. The cost of the list of arbitrators, the arbitrator themselves, and the court reporter shall be split evenly (50% and 50%) between the City and the Association. The arbitrator's decision shall be final. except that either side may seek review of the arbitrator's determinations pursuant to the Code of Civil Procedure Section 1094.5. Once the arbitrator issues its final decision their advisory recommendation, the Executive Director of Human Resources or designee shall take all necessary steps to implement said decision. will submit the advisory recommendation to the City Manager. This appeal process shall apply to any hearing commencing on or after October 6, 2026, regardless of when the appeal was filed. a. The Arbitrator's Decision Recommendation: The arbitrator shall issue its decision their advisory recommendation within thirty (30) calendar days from the conclusion of the hearing.
Except as modified by this First Amendment, all terms and conditions of the MOU remain in full force and effect.
3. The City Manager's Role: Within thirty-five (35) calendar days of receipt of the advisory arbitrator's recommendation, the City Manager shall issue and send their final written decision to the parties. The City Manager may aceept, rejeet, or modify the arbitrator's advisory recommendation of any part thereof. In no ease, however, may the City Manager increase the penalty above that imposed by the Chief of Police. The City Manager's decision shall be final and binding. In reaching their decision, the City Manager shall review the arbitrator's advisory recommendation and the evidence, both documentary and testimonial, and arguments presented during the advisory arbitration.
4. Right to File in Court: The employee has the right to appeal the City Manager's decision in accordance with California Code of Civil Procedure section 1094.6 that provides a ninety (90) day statute of limitations.
IN WITNESS WHEREOF, the parties have executed this First Amendment to the MOU, on the date and year written below.
CITY OF SANTA ANA
Alvaro Nunez Date
City Manager
ATTEST:
Jennifer L. Hall
City Clerk
SANTA ANA POLICE OFFICERS ASSOCIATION
John Kachirisky Date
President