HomeMy WebLinkAbout98.022515 Steering Committee Agenda.pdf Orange County Sanitation District Wednesday, February 25, 2015
Regular Meeting of the 5:00 P.M.
Steering Committee Administration Building
Conference Rooms A& B
10844 Ellis Avenue
Fountain Valley, CA 92708
t (714) 593-7433
AGENDA
DECLARATION OF QUORUM:
PUBLIC COMMENTS: If you wish to speak, please complete a Speaker's Form and give it to the
Clerk of the Board. Speakers are requested to limit comments to three minutes.
REPORTS: The Committee Chair and the General Manager may present verbal reports on
miscellaneous matters of general interest to the Directors. These reports are for information only and
require no action by the Directors.
CONSENT CALENDAR:
1. Approve Minutes of the January 28, 2015 Steering Committee Meeting.
NON-CONSENT ITEMS:
2. RECOMMEND TO THE BOARD OF DIRECTORS:
Approve and authorize the execution of the compensation agreement with the
City of Garden Grove and other taxing entities within the meaning of Health and
Safety Code Section 34180(f), as required by the California Department of
Finance.
3. RECOMMEND TO THE BOARD OF DIRECTORS:
A. Adopt Resolution No. OCSD 15-04 entitled, "A Resolution of the Board of
Directors of the Orange County Sanitation District approving the
Memoranda of Understanding between the Orange County Sanitation
District and the Orange County Employees Association (OCEA), for Fiscal
Years 2014/2015 & 2015/2016."
02/25/15 Steering Committee Agenda Page 1 of 4
B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs)
between Orange County Sanitation District and the three (3) OCEA
bargaining units.
4. RECOMMEND TO THE BOARD OF DIRECTORS:
Adopt Resolution No. OCSD 15-05, entitled, "A Resolution of the Board of
Directors of the Orange County Sanitation District approving Salary and Benefit
Adjustments for Unrepresented Non-exempt Confidential Employees for Fiscal
Years 2014/2015 & 2015/2016."
5. RECOMMEND TO THE BOARD OF DIRECTORS:
Adopt Resolution No. OCSD 15-06, entitled, A Resolution of the Board of
Directors of the Orange County Sanitation District Adopting a Revised Policy
Regarding Board of Directors' Expense Reimbursement and Meeting Attendance
and Compensation and Repealing Resolution No. OCSD 14-04.
INFORMATION ITEMS:
None.
CLOSED SESSION:
During the course of conducting the business set forth on this agenda as a regular meeting of the
Board, the Chair may convene the Board in closed session to consider matters of pending real estate
negotiations, pending or potential litigation, or personnel matters, pursuant to Government Code
Sections 54956.8, 54956.9, 54957 or 54957.6, as noted.
Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation;
(c) employment actions or negotiations with employee representatives;or which are exempt from public
disclosure under the California Public Records Act, may be reviewed by the Board during a permitted
closed session and are not available for public inspection. At such time as the Board takes final action
on any of these subjects, the minutes will reflect all required disclosures of information.
Convene in closed session.
(1) CONFER WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency Designated Representatives: Steve Filarsky, James Herberg, Robert
Ghirelli, and Richard Spencer.
Employee Organizations: 1
• International Union of Operating Engineers, Local 501
02/25/15 Steering Committee Agenda Page 2 of 4
(2) CONFERENCE WITH LEGAL COUNSEL RE. EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of Case: City of Los Angeles, at al. v. County of Kern, Kern County
Superior Court, Case No. S-1 500-CV-2841 00-KCT.
(3) CONFERENCE WITH LEGAL COUNSEL RE ANTICPATED LITIGATION
(Government Code Section 54956.9(d)(4))
Initiation of Litigation pursuant to paragraph (4) of subdivision (d) of
Section 54956.9
Number of Potential Cases: 1
Recovery of sales tax paid to the State Board of Equalization on the purchase of
chemicals used to treat wastewater.
Reconvene in regular session.
Consideration of action, if any, on matters considered in closed session.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
ADJOURNMENT:
The next Steering Committee meeting is scheduled for Wednesday, March 25, 2015, at
5:00 P.M.
02/25/15 Steering Committee Agenda Page 3 of 4
Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability
related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at
(714)593-7433 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability
and the type of accommodation requested.
Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda
has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis
Avenue, Fountain Valley, California, not less than 72 hours prior to the meeting date and time above. All public
records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting
to all,or a majority of the Board of Directors,are available for public inspection in the office of the Clerk of the Board.
NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the
Clerk of the Board 14 days before the meeting.
Kelly A. Lore
Acting Clerk of the Board
(714)593-7433
kloretbocsd.com
For any questions on the agenda,Committee members may contact staff at:
General Manager Jim Herberg (714)593-7110 iherberg(d)ocsd.com
Assistant General Manager Bob Ghirelli (714)593-7400 mhirelli(docsd.com
Director of Engineering Rob Thompson (714)593-7310 rthomosonCg),ocsd.com
Director of Facility Support Services Nick Arhontes (714)593-7210 narhontesfglocsd.com
Director of Finance and Lorenzo Tyner (714)593-7550 ItvnerCcDocsd.com
Administrative Services
Director of Operations&Maintenance Ed Torres 714 593-7080 etorres ocsd.com
02/25/15 Steering Committee Agenda Page 4 of 4
ITEM NO. 1
MINUTES
STEERING COMMITTEE MEETING
Orange County Sanitation District
The Steering Committee meeting convened on Wednesday, January 28, 2015 at
5:00 p.m. in the Administration Building of the Orange County Sanitation District.
A quorum was declared present, as follows:
COMMITTEE MEMBERS PRESENT: STAFF PRESENT
Tom Beamish, Chair Jim Herberg, General Manager
John Nielsen, Vice-Chair Bob Ghirelli, Assistant General
Greg Sebourn, Operations Manager
Committee Chair Jeff Reed, Director of Human
John Withers, Administration Resources
Committee Chair Rob Thompson, Director of
Keith Curry, Member-At-Large Engineering
Steve Jones, Member-At-Large Lorenzo Tyner, Director of Finance &
David Shawver, Member-At-Large Administrative Services
Maria E. Ayala, Clerk of the Board
Jennifer Cabral
COMMITTEE MEMBERS ABSENT: Jim Colston
None. Ron Coss
Mark Esquer
Norbert Gaia
Al Garcia
Stephanie Good
Rebecca Long
Kelly Lore
Andrew Nau
Rich Spencer
OTHERS PRESENT:
Brad Hogin, General Counsel
Steve Filarsky, Consultant
Kathy Jensen
Matthew Kaplan
Jim Ruth, Consultant
Melissa Thorme
Minutes of the Steering Committee
January 28,2015
Page 2 of 7
PUBLIC COMMENTS:
None.
REPORTS:
Chair Beamish briefly reported on the recent LaPA Committee meeting. La PA is
being presented tonight to the Board on the Rules of Procedure resolution to be
acknowledged as a standing committee. He also announced that the GWRS Chair
position rotates by agency, and this year he will be the GWRS Chair.
General Manager Herberg did not provide a report.
CONSENT CALENDAR:
1. MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the
December 17, 2014 Steering Committee Meeting.
Beamish, Curry, Jones; Nielsen, Shawver, and
AYES: Withers
NOES: None
ABSTENTIONS: None
ABSENT: Sebourn
NON-CONSENT CALENDAR:
Assistant General Manager, Bob Ghirelli, introduced Item No. 2. He briefly
highlighted some of the items on the proposed plan.
2. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board
of Directors to:
Approve the Orange County Sanitation District 2015 Legislative Plan.
Beamish, Curry, Jones; Nielsen, Shawver, and
AYES: Withers
NOES: None
Minutes of the Steering Committee
January 28,2015
Page 3 of 7
ABSTENTIONS: None
ABSENT: Sebourn
Assistant General Manager, Bob Ghirelli, introduced Item No. 3. He briefly
highlighted the areas of change: La PA into a standing committee and change in
meeting start times.
3. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board
of Directors to:
Adopt Resolution No. OCSD 15-01, entitled, "A Resolution of the Board of
Directors of Orange County Sanitation District Fixing and Establishing Rules
of procedure for the Conduct of Business of the District, and Repealing
Resolution No. OCSD 10-06."
Beamish, Curry, Jones; Nielsen, Shawver, and
AYES: Withers
NOES: None
ABSTENTIONS: None
ABSENT: Sebourn
Jim Ruth, District Consultant on Labor Negotiations, introduced Item No. 4. Mr.
Ruth reported on the negotiations process and timeline, and coming to the
agreement with the labor unit on the proposed MOU tonight.
4. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board
of Directors to:
Adopt Resolution No. OCSD 15-02, entitled, "A Resolution of the Board of
Directors of the Orange County Sanitation District approving the Memoranda
of Understanding between the Orange County Sanitation District and the
Supervisory and Professional Management Group, for Fiscal Years
2013/2014, 2014/2015 & 2015/2016."
Beamish, Curry, Jones; Nielsen, Shawver, and
AYES: Withers
NOES: None
Minutes of the Steering Committee
January 28,2015
Page 4 of 7
ABSTENTIONS: None
ABSENT: Sebourn
General Manager, Jim Herberg, introduced Item No. 5. Mr. Herberg explained the
status of the following unrepresented employees, and the process for providing
these employees with the same proposal (terms) as to those employees in Agenda
Item No. 4.
5. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board
of Directors to:
Adopt Resolution No. OCSD 15-03, entitled, "A Resolution of the Board of
Directors of the Orange County Sanitation District approving Salary and
Benefit Adjustments for Unrepresented Exempt Confidential Employees for
Fiscal Years 2013/2014, 2014/2015 & 2015/2016."
Beamish, Curry, Jones; Nielsen, Shawver, and
AYES: Withers
NOES: None
ABSTENTIONS: None
ABSENT: Sebourn
General Counsel, Brad Hogin, announced that although he represented the District
in the legal proceedings with this matter, he is the primary legal advisor for the
Steering Committee, and as such will recuse himself from this matter. He
announced the District has hired two attorneys to handle this matter moving forward.
Dr. Ghirelli introduced Kathy Jenson who will now be the legal advisor to the
Steering Committee in this matter beginning with tonight's meeting and through the
hearing process. The District has also hired outside counsel, Melissa Thorme, to
prosecute the case before the Steering Committee. Dr. Ghirelli also introduced
Matthew Kaplan (attorney representing Klean Waters) who was in the audience.
Dr. Ghirelli explained the action that was being sought tonight are in three parts: (1)
granting the request for a hearing; (2) set a date and time for the hearing; and (3)
determine the procedures for the hearing.
Ms. Jenson made the following recommendations on the hearing procedures to the
Minutes of the Steering Committee
January 28,2015
Page 5 of 7
Steering Committee:
- A maximum of 2 hours per side (for a total of 4 hours); and
- Based on her analysis and to ensure due process to both sides of the appeal,
that this be considered a de novo review; and
- Limit the evidence to what has been submitted before the Hearing Officer with
one caveat, there are some additional documents that have been submitted
with the appeal. Ms. Jenson recommends that these documents be accepted
with a justification as to why they were not originally submitted to the Hearing
body, and then the Steering Committee can decide whether or not to hear this
evidence. That way they are given an opportunity to present their full case
before the Steering Committee; and
- There will be no calling of live witnesses during each party's two-hour time; it
will basically be argument of counsel based upon documents and briefings
that they have submitted; and
- There has been some additional briefings submitted by the appellants; and to
be fair she recommends allowing the submittal if anybody else wants to
submit additional briefings with the cutoff for receipt of submittals of at least 5
days before the hearing date. No more than 20 pages per party.
Ms. Jenson also explained that the Steering Committee is the final determination in
this matter, any action beyond this to challenge with the determination of the
Steering Committee is, would be going to court. She informed the Steering
Committee that they do have flexibility to modify all or any part of the findings as part
of the de novo hearing process.
A decision by the Steering Committee has to be made within 65 days of the hearing
date. The Steering Committee may either go straight into deliberations, request for
a written opinion, and/or reconvene to consider the written opinion, or reconvene at
a later date to render the decision of the Steering Committee. Ms. Jenson also
informed the Steering Committee that there must be a quorum of the Steering
Committee in order to proceed with the hearing, and that the same members that
are present in the beginning must be in attendance through the hearing process (or
at least a quorum consisting of those individuals).
Director Sebourn arrived at the meeting at 5:25 p.m.
6. MOVED, SECONDED, AND DULY CARRIED AS FOLLOWS in the matter of
Klean Waters, Inc., Tim Miller and Shaun Miller (Industrial Wastewater
Discharge Permit No. 52-1-841):
(A) The Steering Committee granted the request for a hearing; and
(B) Set the following date and time for the hearing in this matter as:
Wednesday, February 25, 2015 commencing at 10 a.m. to 12 p.m. (for
one side), 12-12:30 p.m. for lunch break, and 12:30 p.m. to 2:30 p.m.
Minutes of the Steering Committee
January 28,2015
Page 6 of 7
(for the other side); and
(C) Determine hearing procedures as follows:
1. A maximum of 2 hours per side (for a total of 4 hours); and
2. Based on her analysis and to ensure due process to both sides
of the appeal, that this be considered a de novo review; and
3. Limit the evidence to what has been submitted before the
Hearing Officer with one caveat, there are some additional
documents that have been submitted with the appeal. Ms.
Jenson recommends that these documents be accepted with a
justification as to why they were not originally submitted to the
Hearing Officer, and then the Steering Committee can decide
whether or not to hear this evidence. That way they are given
an opportunity to present their full case before the Steering
Committee; and
4. There will be no calling of live witnesses during each party's
two-hour time; it will basically be argument of counsel based
upon documents and briefings that they have submitted; and
5. There has been some additional briefings submitted by the
appellants; she recommends allowing the submittal of additional
briefings with the cutoff for receipt of submittals of at least 5
days before the hearing date (no more than 20 pages per side.)
AYES: Beamish, Curry, Jones; Nielsen, Sebourn, Shawver,
and Withers
NOES: None
ABSTENTIONS: None
ABSENT: None
CLOSED SESSION
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTIONS: 54956.9(d)(2); 54956.9(d)(4); 54957(b)(1) and 54957.6
The Committee convened in closed session at 5:27 p.m. to discuss four items.
Confidential minutes of the Closed Session have been prepared in accordance with
the above Government Code Sections and are maintained by the Clerk of the Board
in the Official Book of Confidential Minutes of Board and Committee Closed
Meetings.
Minutes of the Steering Committee
January 28,2015
Page 7 of 7
RECONVENED IN REGULAR SESSION: The Committee reconvened in regular
session at 5:55 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
Chair Beamish welcomed Director Shawver as the newest member of the Steering
Committee. He also announced that the District, as a new cost cutting measure,
has changed the meals that are provided for all committee meetings beginning with
tonight's Steering Committee meeting.
ADJOURNMENT:
The Chair declared the meeting adjourned at 5:55 to the next Steering Committee
meeting to be held on Wednesday, February 25, 2015 at 5:00 p.m.
Submitted by:
Maria E. Ayala
Clerk of the Board
STEERING COMMITTEE Neetlog Date TOBA.Of Dir.
OV25115 02Pt5/15
AGENDA REPORT Item Number Item Number
z
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Lorenzo Tyner, Director of Finance and Administrative Services
SUBJECT: LONG RANGE PROPERTY MANAGEMENT PLAN COMPENSATION
AGREEMENT WITH THE CITY OF GARDEN GROVE
GENERAL MANAGER'S RECOMMENDATION
Approve and authorize the execution of the compensation agreement with the City of
Garden Grove and other taxing entities within the meaning of Health and Safety Code
Section 34180(f), as required by the California Department of Finance
SUMMARY
The City of Garden Grove (City) is the successor agency to the Garden Grove Agency for
Community Development. Pursuant to the long range management plan approved by the
Califomia Department of Finance, the City as Successor Agency is required to enter into
compensation agreements with other taxing entities in order to transfer two properties to
the City. One property is for future development and the second is to market for sale.
Staff has worked directly with the City to complete the compensation agreement.
Approval of the recommended actions allows the City to move forward with the
development and sale of the two properties, respectively.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
BUDGET/PURCHASING ORDINANCE COMPLIANCE
N/A
ATTACHMENT
The following attachment(s) are attached in hard copy and may be viewed on-line at the OCSD website
(wwwocsd.corn with the complete agenda package:
• Compensation Agreement
Page 1 of 1
COMPENSATION AGREEMENT
This Compensation Agreement (this "Agreement"), dated for reference purposes as of
January 1, 2015, is entered into by and among the City of Garden Grove, a municipal corporation
(the "City"), and the following local agencies and school districts, each of which is a taxing
entity as defined by Health and Safety Code section 34171(k) (collectively, the "Other Taxing
Entities" or"OTEs"):
County of Orange;
Orange County Flood Control District;
Orange County Water District;
Orange County Sanitation District;
Orange County Vector Control District;
Orange County Transportation Authority;
Garden Grove Sanitary District;
Orange County Superintendent of Schools, on behalf of the Orange County Department
of Education;
Garden Grove Unified School District; and
Rancho Santiago Community College District.
In this Agreement,the City and the OTEs may each separately be referred to as a"Party"
or a "Taxing Entity" and collectively may be referred to as the 'Parties" or the "Taxing
Entities."
RECITALS
A. Prior to February 1, 2012, the Garden Grove Agency for Community
Development (herein referred to as the 'Former Agency") was a community redevelopment
agency duly organized and existing under the California Community Redevelopment Law
(Health and Safety Code Sections 33000 et seq.).
B. Assembly Bill xl 26, chaptered and effective June 27, 2011, added Parts 1.8 and
1.85 to Division 24 of the California Health and Safety Code, which caused the dissolution of all
redevelopment agencies and winding down of the affairs of former redevelopment agencies,
including as such laws were amended by Assembly Bill 1484, chaptered and effective on June
27,2012 (together,the"Dissolution Act").
C. As of February 1, 2012, the Former Agency was dissolved pursuant to the
Dissolution Act, and the City of Garden Grove as Successor Agency to the Garden Grove
Agency for Community Development(the "Successor Agency") implements the Dissolution Act
subject to the review and approval by a seven-member Oversight Board (the "Oversight
Board").
D. Health and Safety Code Section 34180(f) provides that if a city wishes to retain
any properties or other assets for future redevelopment activities, it must reach a compensation
agreement with the other taxing entities to provide payments to them in proportion to their shares
lN9357.1
of the base property tax, as determined by Health and Safety Code Section 34188, for the value
of property retained.
E. Pursuant to Health and Safety Code Section 34191.5(b), upon the Successor
Agency's receipt of a "Finding of Completion" from the California Department of Finance
pursuant to Health and Safety Code Section 34179.7, the Successor Agency is required to
prepare a long-range property management plan ("LRPMP") to address the use and disposition
of the Former Agency's real property assets. If approved by the Oversight Board and the
Department of Finance, the LRPMP may provide for, among other things, the retention of such
property for future development and/or transfer of such property to the City for such purposes.
Pursuant to Health and Safety Code section 34191.3, the approved LRPMP shall govern, and
supersede all other provisions relating to, the disposition and use of all the real property assets of
the Former Agency.
F. On May 15, 2013, pursuant to Health and Safety Code Section 34179.7, the
Successor Agency received a Finding of Completion from the Department of Finance.
G. On May 29, 2013, pursuant to Health and Safety Code Section 34191.5, the
Successor Agency submitted a LRPMP, approved by the Oversight Board, to the Department of
Finance. On December 11, 2013, the Successor Agency submitted a revised LRPMP, approved
by the Oversight Board, to the Department of Finance. The revised LRPMP provides for the
transfer of certain properties from the Successor Agency to the City for future development
pursuant to Health and Safety Code Sections 34191.5(c)(2)(A) and 34191.5(c)(2)(B). These
properties comprise two sites referred to respectively in the LRPMP and this Agreement as "Site
C" and the"Vacant Restaurant Property,"which we more completely described below.
H. In response to a written request by the Department of Finance made in connection
with its review of the revised LRPMP, on February 25, 2014, the Oversight Board adopted
Resolution No. 31-14 approving certain revisions to the LRPMP. Resolution No. 31-14 provides
that the Successor Agency will verify that compensation agreements between the City and the
other taxing entities are in place and executed prior to the transfer of Site C and the Vacant
Restaurant Property to the City.
I. On March 7, 2014, the Department of Finance approved the revised LRPMP, as
revised pursuant to Oversight Board Resolution No. 31-14.
J. Site C consists of several generally contiguous parcels on or near Harbor
Boulevard within the City's resort district, which are entitled for the development and operation
of a resort hotel, retail, and entertainment project. The property comprising Site C is subject to
that certain Grove District Resort Hotel Development Agreement between the City and Land &
Design, Inc., or any approved affiliate, assignee or successor thereto permitted by the Agreement
(the "Developer"), dated April 9, 2013 (the "Site C Agreement"), providing for the
development and operation of a project on Site C generally consisting of a combination of hotels,
retail, restaurant, and entertainment venues, and related parking facilities. Pursuant to the Site C
Agreement, the Developer is required to construct and operate the entitled resort hotel project in
consideration for the City providing specified economic assistance necessary to fund the
economic feasibility gap of the project, including conveyance of Site C to the Developer at no
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cost. In conjunction with its approval of the Site C Agreement, the City Council considered an
economic evaluation of the proposed project prepared by Horwath HTL, LLC, which concluded
that the project's development costs compared to the estimated income and development values
reasonably expected from the project generates a negative residual land value, or financial
feasibility gap, of approximately $31.5 million, inclusive of City assistance in the form of
conveyance of Site C at no cost to Developer. The Parties anticipate that the development and
operation of the project pursuant to the Site C Agreement will result in significant additional
future property tax revenue to the Taxing Entities, the net present value of which is no less than
what would otherwise be distributed to the Taxing Entities pursuant to Health and Safety Code
Section 34180(t) if not for the development and operation of the project pursuant to the Site C
Agreement.
K. The Vacant Restaurant Property, which is located at 12361 Chapman Avenue in
the City of Garden Grove, and currently identified as Assessor's Parcel No. 233-171-23, is
comprised of a 20,908 square foot parcel containing a 10,800 square foot building that formerly
housed a restaurant. Upon transfer to the City, the City intends to continue to market the Vacant
Restaurant Property for sale to a restaurant operator in accordance with Government Code
Section 52201.
L. The Parties intend by this Agreement to satisfy the provisions of the approved
LRPMP, Oversight Board Resolution No. 31-14, and Health and Safety Code Section 34180(f),
and to provide for payment to the Taxing Entities of their proportionate shares of the net
proceeds, if any, to be received by the City in connection with the future disposition of Site C
and the Vacant Restaurant Property by the City.
NOW THEREFORE, in consideration of the foregoing recitals and the mutual promises
contained in this Agreement, the Parties agree as follows:
AGREEMENT
1. Incorporation of Recitals. The foregoing recitals are true and correct and hereby
incorporated herein by reference.
2. Definitions. The following definitions shall apply in this Agreement:
(a) "Disposition Proceeds" means the net proceeds, if any, actually received by the
City in exchange for the conveyance of fee title or a leasehold interest in Site C and/or the
Vacant Restaurant Property. For purposes of this definition, the term "net proceeds" shall mean
sales proceeds paid by a buyer directly to City or into escrow, minus sums paid or withheld by
escrow for broker and/or agent sales commissions, closing costs, escrow fees, title insurance
premiums, applicable taxes, and any other similar fees and costs customarily allocated to the
seller of commercial property. The Disposition Proceeds represent the Parties' agreed-upon
value of Site C and the Vacant Restaurant Property pursuant to Health and Safety Code Section
34180(f).
lN935/.1
(b) "Each Taxing Entity's Proportionate Share of the Disposition Proceeds"
means each Taxing Entity's proportionate share of the Disposition Proceeds, as determined
pursuant to Health and Safety Code Section 34188.
3. Compensation Agreement. This Agreement constitutes a "compensation agreement"
between the City and the Other Taxing Entities within the meaning of Health and Safety Code
Section 34180(fj.
4. Disposition of Site C and Vacant Restaurant Property by City.
(a) Disposition of the Vacant Restaurant Property. The City shall use best efforts to
market and expeditiously dispose of the Vacant Restaurant Property and shall comply with all
applicable law, including, to the extent applicable, Government Code Section 52201. Unless
otherwise mutually agreed by all of the Taxing Entities through an amendment to this
Agreement, if the City's disposition of the Vacant Restaurant Property occurs after January 1,
2018, or such other date mutually agreed upon amongst the Parties, such disposition shall be at
no less than fair market value, as presently zoned, as determined by an appraisal performed by an
appraiser mutually acceptable to all of the Parties. In the event that the City disposes of the
Vacant Restaurant Parcel for nominal or no consideration, Parties shall have an appraisal
performed by a mutually agreed upon appraiser, at the City's cost, to determine the appraised
value of the Vacant Restaurant Parcel and the City shall remit an amount equal to the appraised
value to the Orange County Auditor-Controller for determination and distribution of the Each
Taxing Entity's Proportionate Share of the Disposition Proceeds. In the event a rezoning of the
Vacant Restaurant Property, or its surrounding area, results in a higher market value of the
Property, the Parties acknowledge and agree that the higher market value shall apply for
purposes of appraising the value of same and remitting an amount equal such appraised value to
the Orange County Auditor-Controller for determination and distribution of the Each Taxing
Entity's Proportionate Share of the Disposition Proceeds.
(b) Disposition of Site C.
(i) The City's disposition of Site C shall comply with all applicable law,
including,to the extent applicable, Government Code Section 52201.
(ii) City may convey Site C to the Developer pursuant to the Site C
Agreement.
(iii) City represents that it intends to convey Site C to the Developer pursuant
to the Site C Agreement. The Parties acknowledge and understand,
however,that City's conveyance of Site C to the Developer pursuant to the
Site C Agreement is subject to certain conditions precedent. If, due to a
failure of a condition precedent or for any other reason, the City does not
convey Site C to the Developer pursuant to the Site C Agreement and the
Site C Agreement is terminated, then City shall use best efforts to market
and expeditiously dispose of Site C to another developer for development
and operation of a similar resort hotel, retail, and entertainment project on
n14935/.1
Site C by January 1, 2018. In the event the Site C Agreement is terminated
and the City has failed to successfully market and dispose of Site C as
aforementioned, the City shall, upon mutual agreement amongst the
Parties, be granted an additional year to dispose of Site C. If the Site C,
however, is not disposed by either January 1, 2018 or the aforementioned
extension of time, if applicable, the Parties shall have an appraisal of Site
C performed by a mutually agreed upon appraiser, at the City's cost, to
determine the value of Site C and expeditiously market and sell the
property using the appraised value of the Site C. Upon sale of Site C, the
City shall remit the Disposition Proceeds to the Orange County Auditor-
Controller for determination and distribution of Each Taxing Entity's
Proportionate Share of the Disposition Proceeds. In the event that the City
disposes of Site C, after January 1, 2018, or the aforementioned extension
of time, if applicable, for nominal or no consideration, Parties shall have
an appraisal performed by a mutually agreed upon appraiser, at the City's
cost, to determine the appraised value of Site C and the City shall remit an
amount equal to the appraised value to the Orange County Auditor-
Controller for determination and distribution of the Each Taxing Entity's
Proportionate Share of the Disposition.
(iv) If, for any reason, fee title to all or a portion of Site C reverts to or is re-
vested in the City following conveyance of Site C to the Developer
pursuant to the Site C Agreement, but prior to completion of Grove
District Resort Hotel Development more particularly described in the Site
C Agreement, then, subject to the then existing rights, if any, of third
parties, City shall use best efforts to market and expeditiously dispose of
such portion of Site C to another developer for development and operation
of a similar resort hotel, retail, and entertainment project on Site C by
January 1, 2018. In the event of such reversion or re-vesting of fee title to
Site C to the City, and the City has not disposed of Site C to another
developer as provided in the foregoing sentence within three (3) years
after the date of such reversion or re-vesting, then the City shall, upon
agreement amongst the Parties, be granted an additional year to dispose of
the property. If the Site C, however, is not disposed at the end of the
aforementioned three (3) year period, or the aforementioned extension of
time, if applicable, the Parties shall have an appraisal of Site C performed
by a mutually agreed upon appraiser, at the City's cost, to determine the
value of Site C and expeditiously market and sell the property using the
appraised value of the Site C. Upon sale of Site C, the City shall remit the
Disposition Proceeds to the Orange County Auditor-Controller for
determination and distribution of Each Taxing Entity's Proportionate
Share of the Disposition Proceeds. Unless otherwise mutually agreed by
all of the Taxing Entities through an amendment to this Agreement, if City
conveys any re-vested portion of Site C for any purpose other than for
development and operation of a similar resort hotel, retail, and
entertainment project on Site C, then such conveyance shall be at no less
lN935/.1
than fair market value, as determined by an appraisal performed by an
appraiser mutually acceptable to all of the Parties.
(v) The Parties acknowledge that, upon mutual agreement, this Subsection (b)
may be amended to allot the City additional time to dispose of Site C.
5. Payment of Proportionate Share of Disposition Proceeds to Taxing Entities. Within
fifteen business (15) days after the City receives Disposition Proceeds, if any, in conjunction
with the disposition of either Site C or the Vacant Restaurant Parcel, the City shall remit such
Disposition Proceeds to the Orange County Auditor-Controller for determination and distribution
to the Taxing Entities of Each Taxing Entity's Proportionate Share of the Disposition Proceeds.
6. Time. Time is of the essence in the performance of this Agreement.
7. Limitation of Liability of Other Taxing Entities to City. The OTEs shall not be liable to
the City, and the City hereby waives and discharges all claims against the OTEs, for any and all
liability, demands, claims, costs, losses, injuries, damages, recoveries, settlements, and expenses
(collectively, "Claims") resulting from, or in any way connected with or incidental to, the
transfer of title of Site C and/or the Vacant Restaurant Property to the City or the City's
management of the Site C and the Vacant Restaurant Property during the term of this Agreement,
no matter how caused. This provision shall survive any termination of this Agreement.
8. Indemnification of OTEs by City for Third Party Claims. The City shall indemnify,
defend, and hold harmless each OTE and its officers, agents, and employees, from and against
any Claims arising out of or related to this Agreement made by the California Department of
Finance,the State Controller, and/or any third party not a party to this Agreement.
9. Attorneys Fees. In any action between the Parties to enforce or interpret any of the terms
of this Agreement, each Party shall bear its own attorneys' fees and costs.
10. Governing Law. This Agreement shall be governed by, and construed and enforced in
accordance with, the internal laws of the State of California, without regard to conflict of law
principles.
11. Entire Agreement. This Agreement contains the entire agreement between the Parties
respecting the matters set forth herein, and supersedes all prior agreements between the Parties
respecting such matters.
12. Non-liability of Officials and Employees of Parties. No member, official, or employee of
any Party shall be personally liable to any other Party, or any successor in interest, in the event of
any default or breach of this Agreement or for any amount which may become due hereunder, or
on any obligation under the terms of this Agreement.
lN935/.1
13. Successors and Assigns. All the terms, provisions and conditions of the Agreement shall
be binding upon and inure to the benefit of the Parties and their respective successors, assigns
and legal representatives.
14. No Third Party Beneficiaries. No person or entity other than the Taxing Entities, and the
permitted successors and assigns of each of them, shall be authorized to enforce the provisions of
this Agreement.
15. Sevembility. In case any one or more of the provisions contained in this Agreement shall
for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provisions of this Agreement, but this
Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had not been
contained herein.
16. No Waiver. No waiver of any term or condition of this Agreement will be a continuing
waiver.
17. Counterparts. This Agreement may be executed in counterparts, each of which so
executed shall, irrespective of the date of its execution and delivery, be deemed an original, and
all such counterparts together shall constitute one and the same instrument. The signature page
of any counterpart may be detached therefrom without impairing the legal effect of the
signature(s) thereon provided such signature page is attached to any other counterpart identical
thereto having additional signature pages executed by the other Parties. Any executed
counterpart of this Agreement may be delivered to the other Parties facsimile or electronic mail
and shall be deemed as binding as if an originally signed counterpart was delivered.
SIGNATURES ONFOLLOWING PAGES
n149357.1
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their
duly authorized representatives indicated below.
CITY OF GARDEN GROVE, a municipal corporation
By:
City Manager
ATTEST:
By:
Kathleen Bailor
City Clerk
SIGNATURES CONTINUE ON FOLLOWING PAGES
lN935/.1
The undersigned signatory hereby executes this Agreement on behalf of the County of Orange
and each of the following entities and/or funds:
ORANGE COUNTY GENERAL FUND
ORANGE COUNTY PUBLIC LIBRARY
O.C.HARBORS BEACHES AND PARKS CSA 26
EDUCATIONAL REVENUE AUGMENTATION FUND (ERAF)
APPROVED AS TO FORM
COUNTY COUNSEL
By: Date:
SIGNED AND CERTIFIED THAT A COPY COUNTY OF ORANGE, a political
OF THIS DOCUMENT HAS BEEN subdivision of the State of California
DELIVERED TO THE CHAIR OF THE
BOARD PER GC § 25103,RESO. 79-1535
By: Chair of the Board of Supervisors
Susan Novak
Clerk of the Board of Supervisors
Orange County California
SIGNATURES CONTINUE ONFOLLO97NG PAGES
H4935/.1
APPROVED AS TO FORM
COUNTY COUNSEL
By: Date:
SIGNED AND CERTIFIED THAT A COPY ORANGE COUNTY FLOOD
OF THIS DOCUMENT HAS BEEN CONTROL DISTRICT, a body
DELIVERED TO THE CHAIR OF THE corporate and politic
BOARD PER GC § 25103, RESO. 79-1535
By: Chair of the Board of Supervisors
Susan Novak
Clerk of the Board of Supervisors
Orange County California
SIGNATURES CONTINUE ONFOLLOWING PAGES
1314935/.1
ORANGE COUNTY WATER DISTRICT, a political subdivision of the State of California
organized under Chapter 924 of the Statutes of 1933, as amended
By:
Name:
Its:
ATTEST:
By:
Name:
Its:
APPROVED AS TO FORM:
By:
Name:
Its:
SIGNATURES CONTINUE ONFOLLOWING PAGES
lN935/.1
ORANGE COUNTY SANITATION DISTRICT
By:
Name:
Its:
ATTEST:
By:
Name:
Its:
APPROVED AS TO FORM:
LEWIS BRISBOIS BISGAARD& SMITH,LLP
By:
Special Counsel
SIGNATURES CONTINUE ONFOLLOWING PAGES
lN935/.1
ORANGE COUNTY VECTOR CONTROL DISTRICT
By:
Michael Hearst
District Manager
ATTEST:
By:
Name:
Its: Secretary
APPROVED AS TO FORM:
By:
Alan R. Bums
District Counsel
SIGNATURES CONTINUE ONFOLLOWING PAGES
H4935/.1
ORANGE COUNTY TRANSPORTATION AUTHORITY,a public entity
By:
Darrell Johnson
Chief Executive Officer
ATTEST:
By:
Name:
Its:
APPROVED AS TO FORM:
By:
Name:
Its:
SIGNATURES CONTINUE ONFOLLOWING PAGES
lN935/.1
GARDEN GROVE SANITARY DISTRICT,a subsidiary special district of the City of
Garden Grove
By:
Matthew J. Feral
General Manager
ATTEST:
By:
Kathleen Bailor
Secretary
SIGNATURES CONTINUE OAT FOLLOWING PAGES
lN935/.1
ORANGE COUNTY SUPERINTENDENT OF SCHOOLS
On behalf of the Orange County Department of Education
By:
Wendy Benkert, Ed. D.
Associate Superintendent for Business Services
ATTEST:
By:
Name:
Its:
APPROVED AS TO FORM:
By:
Ronald D. Wenkart
General Counsel
SIGNATURES CONTINUE ON FOLLOWING PAGES
M4935/.1
GARDEN GROVE UNIFIED SCHOOL DISTRICT
By:
Rick Nakano
Assistant Superintendent Business Services
ATTEST:
By:
Name:
Its:
APPROVED AS TO FORM:
By:
Name:
Its:
SIGNATURES CONTINUE ONFOLLOWING PAGE
lN935/.1
RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT
By:
Peter J. Hardash
Vice Chancellor Business Operations/Fiscal Services
ATTEST:
By:
Name:
Its:
APPROVED AS TO FORM:
By:
Name:
Its:
lN935/.1
1049357.1
STEERING COMMITTEE Neetlog Dare TOBA.Of Dir.
OV25115 02Pt5/15
AGENDA REPORT Item Number Item Number
3
Orange County Sanitation District
FROM: Steve Filarsky, Chief Negotiator
CHIEF NEGOTIATOR'S RECOMMENDATION
1. Adopt Resolution No. OCSD 15-04, entitled, "A Resolution of the Board of
Directors of the Orange County Sanitation District approving the Memoranda of
Understanding between the Orange County Sanitation District and the Orange
County Employees Association (OCEA), for Fiscal Years 2014/2015 &
2015/2016." and
2. Direct staff to finalize and sign the Memoranda of Understanding (MOUs)
between Orange County Sanitation District and the three (3) OCEA bargaining
units.
SUMMARY
The Memoranda of Understanding (MOUs) between the Orange County Sanitation
District (OCSD) and the Orange County Employees Association (OCEA) expired on
June 30, 2014. OCEA and OCSD opened negotiations on May 21, 2014. OCSD and
OCEA have met a total of eight (8) times to date. Four (4) proposals have been
exchanged, and OCSD has provided three (3) presentations in response to OCEA
information requests.
OCEA delivered its last counter proposal on November 19, 2014.
On January 28, 2015, the Board of Directors directed the Chief Negotiator to make a
counter proposal to OCEA including a two-year contract with a 2% salary increase in
the first year and 2% salary increase in the second year. Pursuant to the understanding
with OCEA at the beginning of negotiations, the salary changes would take effect
retroactively to July 11, 2014, the first pay period in the current fiscal year. OCSD
delivered this counter proposal to OCEA on February 3, 2015. OCEA's membership
ratified the proposal by majority vote on February 9, 2015.
The key points include the following:
• Salary Increases (2-Year Cost: $674K, all-inclusive of benefits) - 2% in Year
1; and 2% in Year 2.
Page 1 of 6
1071010.1
• Medical Reopener - Parties agree to reopen negotiations, at the beginning of
the month following ratification, regarding health insurance carrier and/or plan
design changes in order to achieve cost containment.
• Classification & Compensation Study - OCSD agrees to include a
representative from OCEA to participate as a partner in the agency-wide
Classification & Compensation study.
PRIOR COMMITTEE/BOARD ACTIONS
In preparation for and during the meet and confer process, the Chief Negotiator
received direction for labor negotiations with OCEA from the Steering Committee and
the Board of Directors.
The OCEA meet and confer process was agendized for discussion, and discussed, at
the following Committee/Board meetings in closed session:
• February 19, 2014 —Administration Committee
• May 28, 2014 — Steering Committee
• June 25, 2014 — Steering Committee
• July 9, 2014—Special Steering Committee Meeting
• July 23, 2014— Steering Committee and Board Meeting
• August 27, 2014—Steering Committee and Board Meeting
• November 19, 2014 — Steering Committee and Board Meeting
• January 28, 2015— Steering Committee and Board Meeting
ADDITIONAL INFORMATION
The Orange County Employees Association is the recognized employee organization
certified to provide exclusive representation over wages, hours of work, and other terms
and conditions of employment for 100 non-exempt District employees spread across
three (3) bargaining units: the Administrative and Clerical Unit, the Technical Services
Unit, and the Engineering Unit. These employees perform administrative, clerical,
and/or para-professional tasks in support of their assigned function or program.
The MOUs between OCSD and OCEA expired on June 30, 2014.
Based on Board direction, OCSD issued a counter proposal to OCEA on February 3,
2015, including two-year contracts with a 2% salary increase in the first year, and a 2%
salary increase in the second year. This proposal mirrored the proposal that the Board
approved for years two (2) and three (3) of the SPMG MOUs on December 17, 2014.
OCEA distributed the proposals to their membership for voting, and OCEA's
membership ratified the proposals by majority vote on February 9, 2015.
The agreements include the following key items:
Page 2 of 6
1071010.1
• Salary
o Year 1 — 2.0% Salary Increase, retroactive to the first pay period of July
2014.
o Year 2 — 2.0% Salary Increase, effective the first pay period of July 2015.
• Medical Reopener
o Medical reopener, at the beginning of the month following ratification, to
discuss the transition from Anthem to Blue Shield through California State
Association of Counties — Excess Insurance Authority (CSAC-EIA), or to
another carrier directly, and varied plan design changes in order to
mitigate excise taxation in 2018 and achieve cost containment.
• Potential strategies for consideration include, but are not limited to,
the following: plan design changes to office and specialist copays,
emergency room copays, plan deductibles and contribution rates;
and alternative plan offerings such as a high deductible health plan
with health savings account funding.
• Classification & Compensation (C&C) Studv
o OCSD agrees to include a representative from OCEA to participate as a
partner in the agency-wide C&C study.
The total cost is $674K over the term of the agreement, which is all-inclusive of benefits.
Listed below is a summary of all of the proposed changes in the tentative agreements
by article number:
FINAL MOU AGREEMENTS
Article 1.0— Recognition: Effective date is July 1, 2014.
Article 2.0— Duration: Terminates June 30, 2016.
Article 3.0 — Successor Agreement: Minor language changes to reflect that the Group
will submit an initial proposal for a successor agreement prior to the expiration date of
the MOU.
Article 4.0— OCEA Access: No change.
Article 5.0— OCEA Rights: No change.
Article 6.0— District Rights: No change.
Article 7.0— Nondiscrimination in Employment: No change.
Article 8.0— Smoke-free Work Environment: No change.
Article 9.0— Safety: No change.
Article 10.0— Discipline and Dismissal: Minor housekeeping changes.
Article 11.0— Grievance Procedure: No change.
Article 12.0— Problem Solving Procedure: No change.
Article 13.0 — Salary Adjustments and Compensation: Year 1: 2% Salary Increases, and
Year 2: 2% Salary Increases; removal of outdated language regarding
salary reopener.
Article 14.0—Severance Pay: No change.
Page 3 of 6
1071010.1
Article 15.0 - Deferred Compensation: Minor administrative changes/updated language
to clarify that participation is subject to IRS requirements.
Article 16.0- Holidays: No change.
Article 17.0- Hours of Work: No change.
Article 18.0- Call-Back Pay- No change.
Article 19.0-Standby Pay- No change.
Article 20.0 - Insurance: Medical Reopener at the beginning of the month following
contract ratification to discuss the transition from Anthem to Blue Shield
through California State Association of Counties - Excess Insurance
Authority (CSAC-EIA), or to another carrier directly, and varied plan
design changes in order to achieve additional cost savings; minor
housekeeping changes, removal of retiree medical reopener language.
Article 21.0- Reimbursement Accounts: No change.
Article 22.0- Overtime- No change.
Article 23.0- Probationary Period: No change.
Article 24.0- Promotions: Minor housekeeping changes.
Article 25.0 - Retirement: Addition of Plan U/PEPRA language: Employees hired on or
after January 1, 2013: The District will contract with OCERS to provide the
2.5% @ 67 benefit formula (Plan U - PEPRA) based on the highest
consecutive thirty-six (36) months average earnings, past and future
service. The District will pay 0% of an eligible employee's base salary
towards the employee's contribution to OCERS. Minor housekeeping
changes.
Article 26.0- Shift Differential: No change.
Article 27.0 - Leave of Absence with Pay: Addition of language regarding straight
proration of leave; addition of language regarding proration of leave for
part-time employees; minor housekeeping changes.
Article 28.0- Leave of Absence without Pay: Minor housekeeping changes.
Article 29.0 - Classification Studies: OCSD agreed to include a representative from
OCEA to participate as a partner in the upcoming agency-wide
Classification & Compensation study.
Article 30.0- Driver's License: No change.
Article 31.0- Layoff Procedure: Minor housekeeping change.
Article 32.0- Light Duty: No change.
Article 33.0- Medical Examination: No change.
Article 34.0- Mileage Allowance: No change.
Article 35.0-Acting Pay: No change.
Article 36.0 (intentionally left blank)- No change.
Article 37.0- Personnel Files: No change.
Article 38.0- Bulletin Boards: No change.
Article 39.0- Release Time for Meet and Confer Sessions: No change.
Article 40.0- Use of District Facilities: No change.
Article 41.0- Scope of Bargaining: No change.
Article 42.0- Impasse Procedures: No change.
Article 43.0-Severability: No change.
Article 44.0- Uniforms: No change.
Article 45.0- Substance Abuse Policy: Minor housekeeping changes.
Article 46.0- Dues Deductions: No change.
Page 4 of 6
1071010.1
Article 47.0— (intentionally left blank)— No change.
Article 48.0— Peaceful Resolution of Disputes: No change.
Article 49.0 (intentionally left blank)— No change.
Article 50.0-Workplace Violence &Weapons Policy: No change.
Article 51.0— Resignation: No change.
Article 52.0 (intentionally left blank)— No change.
Article 53.0 — Labor Management Committee — Orange County Employees Association
(OCEA) and the Orange County Sanitation District (OCSD) hereby agree
to meet within two (2) months, from the OCSD Board approval of this
MOU, to discuss the structure and process of a Labor Management
Committee at OCSD. Absent mutual agreement regarding the structure
and process of a Labor Management Committee, the parties will defer
discussions to the time when a successor MOU is raised.
ATTACHMENTS
The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD
website(www.ocsd.coml with the complete agenda package:
• Resolution OCSD 15-04
• OCEA MOU —Administrative and Clerical Unit—July 1, 2014 thru June 30, 2016
• OCEA MOU —Technical Services Unit—July 1, 2014 thru June 30, 2016
• OCEA MOU — Engineering Unit— July 1, 2014 thru June 30, 2016
Page 5 d 6
1071010.1
RESOLUTION NO. OCSD 15-04
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT APPROVING THE
MEMORANDA OF UNDERSTANDING BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION, FOR FISCAL
YEARS 2014/2015 & 2015/2016.
WHEREAS, on July 27, 2011, the Board of Directors ("Directors") of the Orange
County Sanitation District (the "District") authorized the General Manager to sign the
Memoranda of Understanding with the Orange County Employees Association (referred
hereinafter as "OCEA"), regarding salaries, benefits and terms and conditions of
employment for the period July 1, 2011 through June 30, 2014 ("2011 MOUs").
WHEREAS, pursuant to Government Code Section 3500, at seq., representatives of
OCEA have met and conferred with the representatives of the District and have reached an
understanding with regard to certain terms and conditions relative to employment;
WHEREAS, at the beginning of negotiations the parties agreed that any salary
changes would take effect retroactively to July 11, 2014, the first pay period in the current
fiscal year; and
WHEREAS, the parties have modified the 2011 MOUs between the District and
OCEA to reflect the parties' understanding regarding certain terms and conditions, which
include:
• Duration of the MOUs have been modified and will be for a 2-year term commencing
July 1, 2014 and terminating June 30, 2016, as reflected in the Cover Page and
Article 1 and 2 of the MOUs:
• Salary Adjustments and Compensation has been modified as set forth below and as
reflected in Article 13 of the MOUs:
o Year 1 —2.0% Salary Increase, retroactive to the first pay period of July 2014.
o Year 2—2.0% Salary Increase, effective the first pay period of July 2015.
• Deferred Compensation has been modified as set forth below and as reflected in
Article 15 of the MOUs:
o Minor administrative changes/updated language to clarify that participation is
subject to IRS requirements.
• Insurance has been modified as set forth below and as reflected in Article 20 of the
MOUS:
o Medical reopener in February 2015 to discuss health insurance carrier and/or
plan design changes in order to achieve additional cost savings; minor
updates to language.
OCSD 15-04-1
• Retirement has been modified as set forth below and as reflected in Article 25 of the
MOUS:
o Employees hired on or after January 1, 2013: The District will contract with
OCERS to provide the 2.5% @ 67 benefit formula (Plan U - PEPRA) based
on the highest consecutive thirty-six (36) months average earnings, past and
future service. The District will pay 0% of an eligible employee's base salary
towards the employee's contribution to OCERS.
• Leave of Absence with Pay has been modified as set forth below and as reflected in
Article 27 of the MOUs:
o Part-time employees accrue vacation leave and sick leave on a pro-rata basis
as set forth in District Policy.
o When unpaid absences occur, vacation leave and sick leave accruals will be
applied by straight proration of leave accruals based on the number of hours
actually worked, and is applicable to all types of leave, whether legally
protected or not.
• Classification Studies has been modified as set forth below and as reflected in
Article 29 of the MOUs:
o OCSD will include a representative from OCEA to participate as a partner in
the agency-wide Classification & Compensation study; minor administrative
changes.
• Labor Management Committee has been added as set forth below and as reflected
in Article 53 of the MOUs:
o Orange County Employees Association (OCEA) and the Orange County
Sanitation District (OCSD) hereby agree to meet within two (2) months, from
the OCSD Board approval of this MOU, to discuss the structure and process
of a Labor Management Committee at OCSD. Absent mutual agreement
regarding the structure and process of a Labor Management Committee, the
parties will defer discussions to the time when a successor MOU is raised.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District, DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1. The aforementioned MOUs between the District and OCEA for the
contract period of July 1, 2014 through June 30, 2016 as outlined herein are hereby
approved.
Section 2. The General Manager is authorized to sign the Memoranda of
Understanding with OCEA for the period of July 1, 2014 through June 30, 2016, in a form
approved by General Counsel.
OCSD 15-04-2
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
February 25, 2015.
Tom Beamish,
Board Chair
ATTEST:
Kelly A. Lore
Acting Clerk of the Board
OCSD 15-04-3
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
ADMINISTRATIVE AND CLERICAL UNIT
July 1 , 2014 through June 30, 2016
TABLE OF CONTENTS
ARTICLE1. -RECOGNITION................................................................................................................................1
ARTICLE2.-DURATION.......................................................................................................................................1
ARTICLE 3.-SUCCESSOR AGREEMENT.....................................................................................I.....................1
ARTICLE 4.-OCEA ACCESS...............................................................................................................................1
ARTICLE 5.-OCEA RIGHTS.................................................................................................................................2
ARTICLE 6.- DISTRICT RIGHTS.........................................................................................................................2
ARTICLE 7. -NONDISCRIMINATION IN EMPLOYMENT....................................................................................2
ARTICLE 8. -SMOKE-FREE WORK ENVIRONMENT.........................................................................................2
ARTICLE9.-SAFETY...........................................................................................................................................2
ARTICLE 10.-DISCIPLINE AND DISMISSAL......................................................................................................3
ARTICLE 11.-GRIEVANCE PROCEDURE..........................................................................................................4
ARTICLE 12.-PROBLEM SOLVING PROCEDURE............................................................................................5
ARTICLE 13.-SALARY ADJUSTMENTS AND COMPENSATION.....................................................................6
ARTICLE 14.-SEVERANCE PAY.........................................................................................................................6
ARTICLE 16.-DEFERRED COMPENSATION.....................................................................................................7
ARTICLE 16.-HOLIDAYS.....................................................................................................................................7
ARTICLE17.-HOURS OF WORK.......................................................................................................................a
ARTICLE18.-CALL-BACK PAY..........................................................................................................................a
ARTICLE 19.-STANDBY PAY..............................................................................................................................a
ARTICLE 20.-INSURANCE.................................................................................................................................a
20.3 MEDICAL INSURANCE................................................................................................................................8
20.4 LIFE INSURANCE.......................................................................................................................................9
20.5 SHORT TERM DISABILITY..........................................................................................................................9
20.6 LONG TERM DISABILITY......................................................................................................................-....9
20.7 DENTAL INSURANCE.................................................................................................................................9
20.8 VISION INSURANCE...................................................................................................................................9
20.9 RETIRING EMPLOYEES..............................................................................................................................9
ARTICLE 21. -REIMBURSEMENT ACCOUNT..................................................................................................10
21.2 GROUP INSURANCE PREMIUMS...............................................................................................................10
21.3 MEDICAL CARE REIMBURSEMENT ACCOUNT............................................................................................10
21.4 DEPENDENT CARE ASSISTANCE ACCOUNT..............................................................................................10
ARTICLE 22.-OVERTIME...................................................................................................................................10
ARTICLE 23.- PROBATIONARY PERIOD.........................................................................................................10
ARTICLE24.- PROMOTIONS.............................................................................................................................11
ARTICLE 26. -RETIREMENT..............................................................................................................................11
ARTICLE 26. -SHIFT DIFFERENTIAL................................................................._.............................................12
ARTICLE 27. -LEAVE-OF-ABSENCE WITH PAY..............................................................................................12
27.1 VACATION LEAVE...................................................................................................................................12
27.2 SICK LEAVE...........................................................................................................................................12
27.3 JURY DUTY LEAVE..................................................................................................................................14
27.4 WITNESS LEAVE.....................................................................................................................................14
27.5 MILITARY LEAVE.....................................................................................................................................14
27.6 BEREAVEMENT LEAVE............................................................................................................................14
27.7 SUPPLEMENTAL LEAVE...........................................................................................................................15
ARTICLE 28.-LEAVE-OF-ABSENCE WITHOUT PAY......................................................................................16
28.3 SUBSTITUTION OF PAID LEAVE........... ....................................................................................................i6
28.4 PERMISSIBLE USES................................................................................................................................16
28.5 GENERAL LEAVE....................................................................................................................................17
28.6 RETURN TO WORK POLICY.....................................................................................................................17
28.7 COMPLIANCE WITH LAW..........................................................................................................................16
ARTICLE 29. -CLASSIFICATION STUDIES.......................................................................................................1a
ARTICLE 30. -DRIVER'S LICENSE....................................................................................................................19
ARTICLE31. -LAYOFF PROCEDURE...............................................................................................................19
ARTICLE32. -LIGHT DUTY................................................................................................................................20
ARTICLE 33. -MEDICAL EXAMINATION...........................................................................................................20
ARTICLE 34. -MILEAGE ALLOWANCE.............................................................................................................20
ARTICLE 35. -ACTING PAY...............................................................................................................................20
ARTICLE36..........................................................................................................................................................20
OCEA-Administrative/Clerical MOU July 1, 2014 to June 30. 2016
Pagel
ARTICLE 37. - PERSONNEL FILES....................................................................................................................20
ARTICLE 38.—BULLETIN BOARDS..................................................................................................................21
ARTICLE 39. -RELEASE TIME FOR MEET AND CONFER SESSIONS ..........................................................21
ARTICLE 40. -USE OF DISTRICT FACILITIES..................................................................................................21
ARTICLE 41. -SCOPE OF BARGAINING...........................................................................................................21
ARTICLE 42.-IMPASSE PROCEDURES...........................................................................................................21
ARTICLE 43.-SEVERABILITY...........................................................................................................................22
ARTICLE44. -UNIFORMS..................................................................................................................................22
ARTICLE 45. -SUBSTANCE ABUSE POLICY...................................................................................................22
ARTICLE46.-DUES DEDUCTIONS...................................................................................................................22
ARTICLE47..............................................................................................................................................I...........22
ARTICLE 48. -PEACEFUL RESOLUTION OF DISPUTES................................................................................23
ARTICLE49..........................................................................................................................................................23
ARTICLE 50. -WORKPLACE VIOLENCE AND WEAPONS POLICY...............................................................23
ARTICLE51. -RESIGNATION ............................................................................................................................23
ARTICLE52..........................................................................................................................................................23
ARTICLE 53.-LABOR MANAGEMENT COMMITTEE.......................................................................................24
SIGNATUREPAGE..............................................................................................................................................24
EXHIBITA.............................................................................................................................................................25
OCEA—Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page ii
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
ADMINISTRATIVE AND CLERICAL UNIT
In accordance with the provisions of California Government Code Sections 3500, et seq., and Resolution No. 75-127
of the Joint Board of Directors, the District's authorized representative has met and conferred in good faith with
representatives of the Orange County Employees Association (OCEA)for the Administrative and Clerical Unit. These
meetings have resulted in an agreement and understanding to recommend that the employees represented by
OCEA accept these terms and conditions, and that the Board of Directors adopt by Resolution the changes and
additions to the wages, hours, and conditions of employment for the employees represented by OCEA as set forth in
this Agreement.
ARTICLE 1. - RECOGNITION
1.1 This Agreement, effective July 1, 2014, is entered into between the Orange County Sanitation District,
referred to hereinafter as the"District,"and the Orange County Employees Association, referred to
hereinafter as"OCEA."
1.2 The District recognizes the Orange County Employees Association as the exclusive recognized employee
organization for matters within the scope of representation for the following classifications, as set forth in
Exhibit"A" (attached hereto and incorporated by reference), as well as additional classes as may be
added hereafter by the District.
ARTICLE 2. - DURATION
2A This Agreement shall be binding on the District and OCEA when approved and adopted by the District's
Board of Directors. This Agreement shall terminate on June 30, 2016. This Agreement shall act as a bar
to the raising of the question of representation during its term,except that the question of representation
may be raised during the period between sixty (60)and ninety(90)days prior to its expiration.
ARTICLE 3. - SUCCESSOR AGREEMENT
3.1 The Group shall submit in writing its initial proposal for a successor agreement prior to the expiration date
of this Agreement.
ARTICLE 4. -OCEA ACCESS
4.1 An OCEA Representative shall have access to the District's facilities during working hours for the purpose
of assisting Unit employees in processing grievances or investigating matters arising out of the application
of provisions of this Agreement. The OCEA Representative must obtain authorization for each visit in
advance from the Director of Human Resources, or designee.
4.2 The OCEA shall provide the Director of Human Resources, or designee, with a list of Representatives who
are authorized to request access under this article, and shall notify the Director of any changes in that list.
4.3 OCEA access shall not interfere with the District's operations, or with the work of employees in any
manner. The District reserves the right to restrict access in certain areas designated as confidential or
secure.
OCEA—Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 1
ARTICLE 5. - OCEA RIGHTS
5.1 The OCEA may designate employees to act as representatives for employees covered by this Agreement.
The OCEA shall furnish the Director of Human Resources, or designee with the names of employees
selected as representatives and shall update the list as necessary. An alternate representative may be
designated to act in the absence of the regular representative. Employees not listed on the roster of
representatives provided to the District by the OCEA may not act as representatives.
5.2 Representatives shall not perform non work-related duties on work time without the prior approval of their
immediate supervisor. Neither the District nor the OCEA shall interfere with, intimidate, restrain, coerce or
discriminate against employees because of the exercise or non-exercise of their rights to engage in OCEA
activity.
ARTICLE 6. - DISTRICT RIGHTS
6.1 District inherent rights, powers, functions, duties, responsibilities and authority related to a managerial or
administrative character are reserved to the District in its exercise of management decision-making,
except as specifically modified by the express provisions of this Memorandum. District rights include, but
are not limited to,the exclusive right to consider the merits, necessity or organization of any service or
activity provided by law, or administrative order; determine the mission of its constituent departments,
commissions and boards; set standards of service, determine the procedures and standards of selection
for employment and promotion; establish and implement performance standards; direct its employees;
take disciplinary action for proper cause; layoff employees from duty because of lack of work or lack of
funds; maintain the efficiency of District operations; determine the methods, means and personnel by
which District operations are to be conducted; determine the content of job classifications; classify and
reclassify positions; take all necessary actions to carry out its mission in emergencies; and exercise
complete control and discretion over its organization and the technology of performing its work.
5.2 District retains all authority and rights conferred on it by law, or other legal sources, except to the extent
that such authority is explicitly waived by the express terms of this agreement. District exercise of its
management rights hereunder shall not be subject to appeal or meeting and conferring, however, that the
exercise of such rights does not preclude OCEA from appealing or meeting and conferring the practical
consequences or impacts that District decisions have on wages, hours, and other terms and conditions of
employment.
ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT
7.1 There shall be no unlawful discrimination in the application of the provisions of this Agreement with regard
to race, color, religion, national origin, ancestry, sex, sexual orientation, or veteran status. To the extent
required by law or by the District's rules or regulations, this provision of the Agreement shall be applied to
all members of the unit without regard to marital status, handicap, medical condition, status as a disabled
veteran, age or citizenship.
ARTICLE B. - SMOKE-FREE WORK ENVIRONMENT
8.1 The District endorses and supports the right of all employees to work in a healthy and safe environment
free of recognized hazards. In view of the hazards associated with smoking and the potentially harmful
effect it has on the health and well being of District employees and their families, smoking is not
acceptable within District facilities, and may occur only in areas posted for smoking.
ARTICLE 9. - SAFETY
9.1 It is the duty of the District to provide and maintain a safe place of employment. OCEA shall cooperate by
encouraging all employees covered by this Agreement to perform their work in a safe manner. It is the
duty of all employees covered by this Agreement, in the course of performing their assigned duties, to be
alert to unsafe practices, equipment, and conditions, and to follow the safety regulations and requirements
of the District, and to report any unsafe practices or conditions to their immediate supervisors. An
employee shall not be required to perform work that is unsafe.
OCEA—Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 2
ARTICLE 10. - DISCIPLINE AND DISMISSAL
10.1 Discipline may occur when any of the following actions are taken far just cause with respect to any
employee in the unit'. verbal reprimand, written reprimand, suspension without pay; reduction in pay,
demotion to a classification with a lower maximum rate of pay or dismissal.
10.2 Dismissal, for purposes of this Article, is the separation of a non-probationary employee initiated by the
District for just cause,
10.3 A Notice of Intent Is not required when the disciplinary action involves a verbal reprimand or written
reprimand.
10,4 A Notice of Intent is required and will be given to an employee whenever the disciplinary action involves a
suspension without pay, a reduction in pay, a demotion to a classification with a lower pay grade, or
dismissal. The notice will be given to the affected employee either by delivery in person or by Certified Mail
sent to the employee's last known address. Such personal delivery or mailing shall be presumed to
provide actual notice to the affected employee. The Notice of Intent shall indicate the date on which it was
personally delivered or deposited in the mail, which shall be the date of issuance.
10.5 The Notice of Intent shall contain the following: (1)a description of the disciplinary action intended and the
effective date of the action; (2)the reasons for the proposed action;(3)a copy of the charges and materials
upon which the action is based; and, (4) a statement of the employee's right to respond, either verbally or
in writing to the person initially imposing the discipline or to a District management representative with
authority to make an effective recommendation on the proposed action, the person to whom any response
must be directed, and the fact that such response must be received within ten (10) business days of the
date of issuance of the notice. The Notice shall also advise the employee of his or her right to
representation.
10.6 Prior to the effective date of the proposed disciplinary action,the employee shall be given an opportunity
to respond either verbally or in writing to a management representative with authority to make an effective
recommendation on the proposed action. After review of an employee's response, the District shall notify
the employee in writing of the action that shall be taken. Such action may not involve discipline more
severe than that described in the Notice of Intent, however, the District may reduce discipline without
further notice. Further clarification of the disciplinary policies and procedures are covered in the District's
Personnel Policies& Procedures Manual.
10.7 Dismissal shall be preceded by at least one(1)written reprimand, except in those situations in which the
employee knows or reasonably should have known that the performance or conduct was unsatisfactory.
Such performance or conduct may involve, but is not limited to, dishonesty, possession, use, sale or being
under the influence of drugs or alcohol, theft or misappropriation of District property or funds, fighting on
the job, insubordination, acts endangering people or property,or other serious misconduct. The District
may substitute documented suspensions without pay for written reprimands.
10.8 If a Notice of Intent is upheld and the disciplinary action is imposed, the employee may request a post-
disciplinary hearing. The request must be submitted to the Director of Human Resources, or designee,
within ten (10) business days following the effective date of the disciplinary action (for suspensions, the
effective date shall be the first business day following the final day of the suspension). The Director of
Human Resources, or designee, shall schedule a post disciplinary hearing with the General Manager or a
hearing officer selected by the General Manager. The hearing officer may not be an employee of the
District. The hearing officer will provide a written, advisory decision to the General Manager. The General
Manager may uphold the disciplinary action that has been taken or may reduce such discipline without the
issuance of a further Notice of Intent. The decision of the General Manager shall be final.
10.9 Disciplinary action documentation shall be placed in an employee's personnel file in the Human Resources
Department. Documentation regarding verbal and written reprimands may be removed from an
employee's personnel file twenty-four(24) months subsequent to the date of issuance, provided that there
has been no recurrence of a similar incident during the period. If the Director of Human Resources, or
designee, agrees to remove disciplinary action documentation from an employee's personnel file, such
documentation shall be retained in a separate file by the Human Resources Department for the purpose of
showing that progressive discipline has been followed or in support of the District's proposed discipline.
OCEA—Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 3
10.10 Verbal reprimands and written reprimands may only be reviewed under this Agreement through the
Problem Solving Procedure. Nothing in this article shall be construed as a waiver of any statutory or
constitutional rights.
10.11 A reduction in pay or demotion to a classification with a lower pay grade that is not a result of performance
deficiencies (for example, reclassifications, "bumping"associated with layoffs, reasonable
accommodation)shall not be considered discipline.
ARTICLE 11. - GRIEVANCE PROCEDURE
11.1 A grievance is any complaint that management has violated a specific provision of this Agreement, except
that, in accordance with Article 10 above, discipline which requires a Notice of Intent may not be reviewed
under this Grievance Procedure.
11.2 A grievance may be brought to the attention of the District by an individual employee within the Unit or by
the OCEA. The District may not bring a grievance through this procedure. Grievances brought by two(2)
or more employees, and concerning the same incident, issue, or course of conduct, or multiple grievances
brought by the same employee may, upon mutual agreement of the District and the OCEA, be
consolidated for the purposes of this procedure.
11.3 An employee may be self-represented or be represented by the OCEA at all steps of the Grievance
Procedure, unless specifically agreed otherwise by the OCEA and the employee. The District shall
provide a copy of all written grievance settlements to the OCEA. Any reference to days in this article
implies business days.
11.3.1 Step 1. An employee will submit his/her complaint in writing to his/her immediate supervisor or
designee within five(5)days of the occurrence of the event giving rise to the complaint, or within
five(5)days from the time that the employee became aware of such event. The supervisor, or
designee, shall attempt to resolve the issues surrounding the complaint, and respond in writing to
the employee within five(5)days.
11.3.2 Step 2. If the grievance is not settled at Step 1, it may be submitted in writing to the employee's
Division Manager, or designee. This request for formal review must be presented on a form
provided by the District within five(5)days of the conclusion of Step 1. A copy of each written
communication on a grievance will be fled with the Director of Human Resources, or designee.
The written grievance must:
a) Identify the specific management act to be reviewed;
b) Specify how the employee was adversely affected;
c) List the specific provisions of the MOU that were allegedly violated and state how they were
violated;
d) Specify the remedy requested; and
e) Provide the date of attempts at informal resolution and the name of the supervisor or individual
involved.
11.3.2.1 The Division Manager, or designee, shall respond in writing to the employee within ten
(10) days after the date the grievance is received,
11.3.3 Step 3. If a grievance is not settled under Step 1 or 2, it may be presented to the employee's
Department Director, or designee, for review and written response. The request for formal review
must be presented on a form provided by the District within five(5) days of the conclusion of Step
1 or 2, and must contain the information specified in Step 2 above. A copy of each written
communication on a grievance will be fled with the Director of Human Resources or designee.
The employee's Department Director, or designee, shall respond in writing to the employee within
ten (10)days after the date the grievance is received.
OCPA,—Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 4
11.3.4 Step 4. If the grievance cannot be resolved under Step 3, it may be presented to an Assistant
General Manager, or designee, within five (5)days from the date the Step 3 finding was issued.
The Assistant General Manager, or designee, shall respond in writing to the employee within ten
(10) days after the date the grievance is received,
11.3.5 Step 5. Appeal to the General Manager, or designee, is the final step in the Grievance Procedure.
If the grievance cannot be resolved under Step 4, it may be presented to the General Manager, or
designee, within five (5) days from the date the Step 4 finding was issued. The General Manager,
or designee, shall respond in writing to the employee within ten(10) days after the date of the
grievance is received.
11.4 General Provisions, An employee shall be given reasonable time off without loss of pay to present and
process a grievance. If an employee is represented by the OCEA, the OCEA may designate one
employee to present and process the grievance. The employee representative shall be given reasonable
time off without loss of pay to perform this responsibility, Absence from work shall be approved only if it
does not cause disruption to District operations. However, if the time requested cannot be provided, an
alternate time shall be arranged.
11.4.1 Failure of a management representative to respond within the appropriate time limit shall provide a
basis for the employee appealing to the next step. If a grievance is not presented or appealed
within the time limits, it shall be considered resolved on the basis of the preceding response. The
Director of Human Resources, or designee, may be petitioned in writing to waive the step or time
requirements provided sufficient cause exists.
11.4.2 Resolution maybe agreed upon at any stage of the grievance process. However, the OCEA shall
be notified prior to the resolution of any formal grievance matter.
ARTICLE 12. - PROBLEM SOLVING PROCEDURE
12.1 Employees may bring problems to the attention of District managers through the Problem Solving
Procedure. This Procedure was developed to encourage and facilitate the resolution of employee
concerns in a responsive and fair manner, and may be used to attempt to resolve issues that may not be
subjected to the Grievance Procedure. Any reference to days in this article implies business days.
12.2 Employees should discuss concerns regarding issues that are not grievable with their supervisor as soon
as possible. The supervisor shall review the situation or decision, and provide a written response within
five days from the date they were notified of the problem.
12.3 If the problem is not resolved to the employee's satisfaction, the employee may file a written statement
concerning the problem with the Director of Human Resources, or designee, within ten (10)days of receipt
of the supervisor's decision. Upon request of either party, a meeting shall be held to define issues and
establish the remedies sought. The employee shall be provided a written response within ten (10) days
after his or her statement is received. Time limits may be extended for cause upon mutual consent of the
parties, and the decision of the Director of Human Resources, or designee, is final.
ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION
13.1 Each pay grade is divided into five(5)steps, with an approximate 5.0% difference between each step.
13.2 Pay increases will only apply to eligible employees in an active payroll status on the effective date of
implementation. Eligible employees will not receive retroactivity if active payroll status becomes effective
after the date of implementation.
13.3 Merit Pay
13.3.1 Step Increase Pa v— Bargaining unit employees will be eligible for Step Increase Pay based upon
receipt of year-end performance appraisal ratings issued by the assigned supervisor. Step
Increase Pay will be paid according to the following:
OCEA—Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 5
13.3.1.1 Eligible-Employees must have a proficient year-end performance appraisal to receive a
one(1) step base-building salary increase until earning placement at step five (5).
13.3.1.2 Ineligible- Employees who are placed on a Performance Improvement Plan (PIP)due to
a needs improvement performance review on the year-end appraisal or who are on a PIP
at the time of the year-end appraisal period will remain at their current step until the PIP
is satisfactorily completed.
13.3.1.3 Performance Management Program: The performance management program includes
three(3)rating categories(exceeds, proficient, needs improvement)for performance
appraisals.
13.3.2 Development Pay—Employees under this Agreement will be eligible for Development
Pay. Development Pay is a non-base building pay type that will be distributed in a lump-sum
amount each pay period. Employees must have a proficient year-end performance appraisal to be
eligible for the following Development Pay types:
• Education—Eligible employees who obtain or who have obtained a degree of approved
subjects at an accredited college or university will receive$20.76 per pay period for an
associate degree and $41.53 per pay period for an undergraduate degree. The maximum
amount of Education pay is fixed at$41.53 per pay period.
• Certification/License—Eligible employees who obtain or who have obtained a District
approved certification or license will receive$7.62 per pay period per certificate or license with
a maximum of three(3) certificates and/or licenses. The maximum amount of
certification/license pay for any combination of certificates and/or licenses is fixed at$22.86
per pay period.
13.3.2.1 The overall maximum Development Pay for education, certification and/or licenses is
fixed at$64.39 per pay period.
13.3.2.2 Employees who are placed on a PIP due to a needs improvement performance review
on the year-end performance appraisal are not eligible for Development Pay until the
PIP is satisfactorily completed.
13.3.2.3 Employees who are placed on a PIP due to needs improvement performance outside
the year-end appraisal will have all Development Pay suspended until the PIP is
satisfactorily completed. The return of Development Pay will not be retroactive.
13.4 Salary Range Adjustments
13.4.1 Effective the first pay period in July 2014, employees under this Agreement will receive salary
range adjustments at a flat rate of 2.0%,
13.4.2 Effective the first pay period in July 2015, employees under this Agreement will receive salary
range adjustments at a gat rate of 2.0%.
ARTICLE 14. - SEVERANCE PAY
14.1 Employees are expected to give a minimum of two (2)weeks written notification when terminating
employment with the District, Except for disciplinary cause, when a full-time employee is terminated by
action of the District, the employee shall be notified in writing two (2)weeks prior to the effective
separation date. In the event the District does not give such notification, the employee shall be entitled to
severance pay in accordance with the formula set forth below:
14.1.1 Full-time, regular employees shall be entitled to eight(8) hours pay for each full calendar month of
continuous employment not to exceed one hundred sixty (160) hours pay.
14.1.2 Employees in limited term or part-time positions, probationary employees, and employees who are
separated for cause, are not eligible for severance pay under any circumstances.
OCEA—Administrative/Clerical MOU July 1,2014 to June 30,2016
Page 6
ARTICLE 15. - DEFERRED COMPENSATION
15.1 Employees may participate in the District's approved deferred compensation plan subject to IRS
requirements, and in accordance with all guidelines for voluntary participation established by District
management.
ARTICLE 16. - HOLIDAYS
16.1 The days listed below are observed by the District as holidays. Employees will receive holiday pay if their
entire scheduled work shift immediately preceding and following the holiday are in a paid payroll status,
meaning the employee worked those shifts or utilized paid time off in lieu of working those shifts.When an
employee's work schedule requires that they work on an observed holiday, the employee will be paid at
the employee's regular rate of pay for the holiday, and will also receive overtime pay at the rate of one and
one half(1.5)limes their regular hourly rate for all hours actually worked. Employees may also elect to
receive Holiday Compensatory Time Off on an hour for hour basis rather than receive holiday pay. When a
holiday occurs on an employee's regular scheduled day off, the employee will accrue compensatory time
off for the amount of hours normally scheduled for that day Employees with a compensatory time off
balance in excess of fifty(50)hours as of the last pay period ending in October will receive a mandatory
payout for the hours that exceed fifty(50),
HOLIDAY
New Years Day
Lincoln's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Day before Christmas
Christmas Day
Floating Holiday"
16.2 Employees may elect one (1)day during each year as a"Floating Holiday". New employees shall be
granted a "Floating Holiday"on a pro rate basis in the first calendar year of service per the following table.
Hire Date Percent
Im Quarter(January-March) 100%
2 Quarter(April-June) 75%
3 Quarter(July-September) 50%
4 Quarter(October-December) 0%
16.3 Employees must use the"Floating Holiday"within the year it is granted. Every effort will be made to
approve an employee's request for a"Floating Holiday"off providing sufficient notice is given.
OCEA—Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 7
ARTICLE 17. - HOURS OF WORK
17.1 For record keeping and accounting purposes, the"workweek"for full-lime employees is 40 hours per 168-
hour period, to be paid on a biweekly payroll basis of 80 hours worked. Employee work periods may be
scheduled in shifts of four 9-hour days and one 4-hour day each workweek (9/80 schedule), five 8-hour
days each workweek(10/80), four 10-hour days each workweek (8180), or three 12-hour days and one 4-
hour day each workweek(7180). The starting and ending times of individual employees'workweeks may
vary.
17.2 Employees shall receive ten-minute rest periods twice in a nine-hour shift, and three times for a shift of
more than ten hours. Meal and rest periods may not be avoided or accrued for the purpose of obtaining
time off or shortening the regular shift. If an employee reports to work as scheduled and was not notified
that their hours had been changed, he or she shall receive two hours pay at the overtime rate.
17.3 The District may, at its sole discretion, change an employee's work schedule with thirty(30) days written
notice to the affected employee.
ARTICLE 18. - CALL-BACK PAY
18A When an employee is called back to work by District management without prior notice, and the employee
has completed his or her normal work shift and left the work station, or when prior notice is given but the
work begins on the same day at least three hours after completion of the regular shift, the employee shall
receive a minimum of three hours of call back pay. The three hours minimum,whether or not actually
worked, shall be paid at the rate of one and one half times the regular hourly rate. Employees who are
called back a second time within a normal shift period are considered to be working for the duration of that
shift.
ARTICLE 19. -STANDBY PAY
19.1 Standby is time during which an employee is not required to be at the work location or at the employee's
residence but is required to be available for immediate return to work. Standby assignments shall first be
made on a voluntary basis. A volunteer standby list shall be established by classification and job location.
Standby assignments shall be made from the list of employees who are competent and experienced, in
alphabetical order, on a rotating basis. In the event that no one volunteers, the District shall assign
standby by job classification and work location from employees who are competent and experienced on a
rotational basis. An employee placed on standby shall be compensated at the rate of three hundred forty-
five(345)dollars per week, and shall receive Call Back pay when they are actually called to work.
ARTICLE 20.- INSURANCE
20.1 The District will provide healthcare and welfare insurance benefits.
20.2 All insurance coverage shall become effective on the first day of the month following date of hire,
regardless of hire date. An open enrollment period shall be held annually.
20.3 Medical Reooener The District and OCEA agree to reopen this Agreement at the beginning of the month
following ratification to discuss the transition from Anthem to Blue Shield through California State
Association of Counties—Excess Insurance Authority (CSAC-EIA), or to another carrier directly, and
varied plan design changes in order to mitigate excise taxation in 2018. Potential strategies for
consideration include, but are not limited to,the following: plan design changes to office and specialist
copays, emergency room copays, plan deductibles and contribution rates; and alternative plan offerings
such as a high deductible health plan with health savings account funding.
20.3.2 The parties agree that any reopener shall be subject to Government Code Section 3505.4 and
case law, including PERE, decisions which interpret that provision.
20.4 Medical Insurance
20.4.1 The District will provide medical health insurance coverage through a Health Maintenance
OCEA—Administrative/Clerical MOU July 1, 2014 to June 30,2016
Page 8
Organization(HMO) medical insurance plan and a Preferred Provider Organization (FPO) medical
insurance plan, until such time that the parties agree to changes through the medical reopener in
Section 20.3.
20.4.2 Rei full-time employees.
20.4.2.1 The District shall contribute 90%of employee only premiums for the HMO medical
health plan and 80% of employee only premiums for the PPO medical health plan.
The District will contribute 80%of the employee+1 dependent and full family
premiums for the HMO and PPO medical plans. Any change in insurance rates shall
be shared equally in same ratio as the District and employees currently pay
premiums. Before the renewal of any District's sponsored health insurance plan,
the parties agree to meet and confer as to changes in the plan.
20.5 Life Insurance
The District shall pay the full premium for$50,000 term life insurance on each employee.
20.6 Short Term Disability
The District shall provide a non-work related, short-term disability indemnity plan that provides benefits for
employees equal to California's State Disability Insurance(SDI) program for up to twenty-six (26)weeks
following a fourteen (14) calendar day wailing period.
20.7 Long Tenn Disability
20.7.1 The District shall provide a non-work related, long-term disability indemnity plan that pays two-
thirds of the employee's rate of pay in effect at the time of such disability, not to exceed
$5,000 per month, up to age 65, following a 90-day waiting period of continuous disability, at
such time that an employee completes five(5) years of service.
20.7.2 For participants age 64 and younger, the maximum period of payment is based on the Social
Security Act retirement age of 65. For participants age 65 and older, the maximum period of
payment is specified. The specified periods and additional information about coverage is
included in the District's long-term disability plan contract accession on the intranet,
20.7.3 No combination of disability or sick leave pay shall result in more than an employee's regular
rate of pay. Employees may not receive short-term and long-term disability benefits at the
same time. An employee who is otherwise not eligible for District paid Long Term Disability
may purchase such coverage at his or her own expense.
20.8 Dental Insurance
The District will contribute 80% of employee only and 80%of full family premiums for dental insurance.
20.9 Vision Insurance
The District shall provide a vision insurance plan for regular, full-time employees and eligible dependents.
20.10 Retiring Employees
20.10.1 The District shall pay, for employees hired prior to July 1, 1988, two and one-half(2.5) months'
premium for each year of continuous service of a retiring employee towards the premium
costs of coverage for the employee and eligible dependents under the District's medical plan.
20.10.2 In the event the District adds additional optional insurance plans, the District's share of the
premium shall be the same as for existing plans as set forth above. In the event the District
changes underwriters for existing insurance plans, the District's share of the premium shall be
the same as for existing insurance plans as set forth above.
OCEA—AdministrativelClencal MOU July 1,2014 to June 30, 2016
Page 9
20,10.3 The District will continue to implement the retiree medical health premium offset program
wherein the cost of health premiums are offset by$10 per month for every year of continuous
service up to a maximum of 25 years or$250 per month. Employees hired on or after August
1, 2011 shall not be eligible for the retiree medical health premium offset.
ARTICLE 21. - REIMBURSEMENT ACCOUNT
21.1 Section 125 of the Internal Revenue Code permits employees to use pre-tax dollars to pay for their portion
of the cost of benefits under the Plan through salary redirection arrangements. The options available
under the flexible benefits program are listed below. This is a brief overview of the different options. For
complete information regarding Flexible Spending Accounts, employees must refer to the plan booklet
available in the Human Resources Department.
21.2 Group Insurance Premiums
Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis.
21.3 Medical Care Reimbursement Account
The purpose of this account is to provide a method through which the employee can accumulate pre-tax
funds in a Medical Care Reimbursement Account for purposes of reimbursing himself or herself for
payment of health care costs not otherwise covered by his or her medical insurance.
21 A Dependent Care Assistance Account
The purpose of this account is to provide a method through which the employee can accumulate pre-tax
funds in a Dependent Care Assistance Account for purposes of reimbursing himself or herself for childcare
expenses or day care for a disabled dependent.
ARTICLE 22. - OVERTIME
22.1 Employees shall be notified as soon as practicable after the District decides upon the need for overtime or
additional work. The District may require the performance of overtime. In the event no qualified employee
wishes to work overtime, District's management may select employees with the ability to perform the work
by inverse seniority. District managers shall attempt to evenly distribute overtime among employees based
upon an employee's ability to perform the overtime work.
22.2 For the purposes of overtime calculation, all time charged to unscheduled sick leave shall not be counted
as time worked. Pay for overtime time shall not occur until after actual work time of forty(40) hours in a
seven (7)day workweek is reached.
ARTICLE 23. - PROBATIONARY PERIOD
23.1 All new employees serve an initial probationary period beginning with the date of hire and extending to at
least the first day of the pay period following twenty-six(26)weeks of employment without a break in
service. Extended absence without pay, short-term and long-term disability and Workers'Compensation
leave does not provide an opportunity to judge an employees'capability to meet performance expectations
for a position, and thus the time spent on such leaves shall not be included towards completion of the
probationary period and may result in an extension.
23.2 Employees who are rehired following a break in service must complete a new probationary period whether
or not one was previously completed. An employee may be released during his or her Probationary
Period at the discretion of the District without recourse to the Grievance Procedure.
23.3 Employees who are reassigned or laterally transferred will serve a probationary period of twenty-six(26)
weeks. The"probationary period"shall not divest an employee of his/her property rights in his/her former
position. Rejection of probation during this period shall result in the employee reverting to his/her former
assignment and/or position.
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ARTICLE 24. - PROMOTIONS
24.1 A promotion is the appointment of an employee to another classification with a higher maximum rate of
pay. The District will determine whether a vacant position shall be filled as an open or promotional
opportunity or recruitment. Whenever the District intends to fill a position by promotion,the District shall
post the opportunity for a minimum often (10)business days. Employees must apply during the period of
posting. Notices shall be posted on the District's intranet.
24.2 A promoted employee shall serve a promotional probationary period lasting at least until the first day of the
pay period twenty-six(26)weeks after the effective date of the promotion.At any time during the
promotional probationary period, an employee may be returned to his or her previous position. The
promotional probation period may be extended by mutual agreement between the employee and District's
management for up to ninety (90)days. If an employee is promoted during his or her initial probationary
period, the period shall be extended until at least the first day of the pay period twenty-six(26)weeks after
the effective date of the promotion.
24.3 Promoted employees will receive the equivalent of a step increase in pay, not to exceed the top of the
range for the new classification or the minimum rate of the new classification whichever is greater.
ARTICLE 25. - RETIREMENT
25.1 The District shall continue participation in the Orange County Employees Retirement System (OCERS),
wherein all full-time employees are considered members. The following retirement program is in effect
pursuant to the contract between OCERS and the District.
25.1.1 Employees hired before September 21, 1979: The District will continue to contract with OCERS to
provide the 2.5% @ 55 benefit formula(Plan G)based on the highest consecutive twelve (12)
months average earnings, past and future service.
25.1,1.1 The District will continue to pay 4.5% toward the employee's contribution to OCERS
for those employees who elected to make a one-time decision to remain in the Plan G
program.
25.1.2 Employees hired on or after September 21, 1979 and before August 1, 2011: The District will
continue to contract with OCERS to provide the 2.5%@ 55 benefit formula (Plan H) based on the
highest consecutive thirty-six(36) months average earnings, past and future service.
25.1.2.1 The District will continue to pay 3.5%of an eligible employee's base salary toward the
employee's contributions to OCERS.
25.1.3 Employees hired on or after August 1, 2011 and before January 1,2013: The District will contract
with OCERS to provide the 1.667% @ 57.5 benefit formula (Plan B) based on the highest
consecutive thirty-six(36) months average earnings, past and future service.
25.1.3.1 The District will pay 0% of an eligible employee's base salary towards the employee's
contribution to OCERS.
25.1.4 Employees hired on or after January 1, 2013: The District will contract with OCERS to provide the
2.5% @ 67 benefit formula (Plan U-PEPRA) based on the highest consecutive thirty-six (36)
months average earnings, past and future service,
25.1.4.1 The District will pay 0%of an eligible employee's base salary towards the employee's
contribution to OCERS.
25.2 All monies actually contributed into the retirement system by an employee shall be deducted from gross
salary for taxation purposes in accordance with Internal Revenue Code provisions.
OCEA—Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 11
ARTICLE 26. - SHIFT DIFFERENTIAL
26A Employees who are regularly assigned to work a night shift that consists of 50%or more of their hours
between 6:00 p.m. and 6:00 a.m, and who actually work that shift shall receive a shift differential of$2.50
per hour.
ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY
27,1 Vacation Leave
27.1.1 Except as otherwise provided, regular full-time employees accrue vacation leave, beginning with
the first day of employment, in accordance with the following schedule:
Years of Service Hours-Biweekly Hours-Annual
In years 0 through 1 3.08 80
In years 2 through 4 3.08 80
In years 5 through 10 4.62 120
In year 11 4.93 128
In year 12 5.24 136
In year 13 5.54 144
In year 14 1 5.85 152
In year 15 6.16 160
In year 16 8.46 188
In year 17 6.77 176
In year 18 7.08 184
In year 19 7.39 192
In year 20 and over 7.69 200
27.1.2 Part-time employees accrue vacation leave on a pro-rate basis as set forth in District Policy.
27.1.3 Vacation leave begins after an employee has completed twenty-six(26)weeks of continuous
service. After the individual's first twenty-six (26)weeks of service, his or her account will be
credited with 40 hours.After that time, he or she will accrue vacation hours consistent with the
above chart. Vacation leave may only be utilized in increments of one-half hour or more. Vacation
leave is accrued for all paid hours, including hours actually worked and hours in a paid-leave
payroll status.
27.1.4 When unpaid absences occur, vacation leave accruals will be applied by straight proration of
leave accruals based on the number of hours actually worked, and is applicable to all types of
leave, whether legally protected or not.
27.1.5 Employees may have a maximum accumulation of 200 hours as of the last day of the final pay
period in December of each year. In the event an employee accrues vacation leave in excess of
200 hours, it must be used prior to said December date, all other remaining hours in excess of 200
will be paid to the employee in the first pay period in January at the employee's then current hourly
rate of compensation.
27.2 Sick Leave
27.2.1 Definition,-Sick leave is an insurance or protection provided by the District to be granted to
employees in circumstances of adversity to promote the health and welfare of the Individual
employee. It is not an earned right to take time off from work. Sick leave is defined as the
absence from duty of an employee because of a bona fide illness, injury, or pregnancy, or to
OCEA—Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 12
attend to the illness or injury of a family member as hereinafter defined. Temporary employees
are not entitled to sick leave benefits.
27.2.2 Method-Sick Leave Accrual. Full-time employees hired prior to November 27, 1981, accrue paid
sick leave at the rate of three point five(3.5) hours for each biweekly pay period of continuous
service(ninety-one(91) hours per year). Full-time employees hired on or after November 27,
1981, accrue paid sick leave at the rate of three(3.0) hours for each biweekly pay period of
continuous service(seventy-eight(78) hours per year), beginning with the first day of employment.
27.2.3 Part-time employees accrue sick leave on a pro-rata basis as set forth in applicable District Policy.
27.2.4 When unpaid absences occur, sick leave accruals will be applied by straight proration for leave
accruals based on the number of hours actually worked, and is applicable to all types of leave,
whether legally protected or not.
27.2.5 Annual Pavoff-Employees may elect annually to be paid for any unused sick leave hours accrued
through the end of October at their current hourly rate according to the following payoff schedule
or as specified in a Memoranda of Understanding.
Accrued Sick Leave Hours Rate of Payoff
0-100 0%
101-240 25%
241-560 35%
Over 560(mandatory) 50%
27.2.6 Employees who terminate for any reason other than retirement or death shall be compensated for
any accrued and unused sick leave according to the above schedule. Employees who retire or
decease with twenty (20) years or more of service shall be paid at the one hundred percent
(100%) rate for all accrued and unused sick leave. Employees who retire or decease with less
than twenty(20)years of service will be paid at the seventy-five percent(75%) rate for all accrued
and unused sick leave.
27.2.7 Permissible Uses-Sick leave may be applied only to:
A. Absence due to illness, injury or pregnancy of an employee.
B. Absence due to medical and dental office appointments of an employee when approved by
the employee's supervisor.
C. Absence for the care of the employee's father, father-in-law, mother, mother-in-law, brother,
sister, husband, wife, child, grandparent, legal guardian, or any family member with whom the
employee resides.
D. Absence due to a job-related injury.
27.2.8 General Provisions-To quality for sick leave pay, the employee must notify the District at or in
advance of the time the employee is scheduled to report for duty. Minimum charge to the
employee's sick leave account shall be one-half hour and thereafter in one-half hour increments.
Human Resources and department management shall be responsible for control of abuse of the
sick leave privilege. If notified in advance, the employee may be required, at any time, to furnish a
certificate issued by a licensed physician or nurse, or other satisfactory evidence of illness;
however, for absences of ten consecutive working days or more, a request for leave and a
medical statement, on prescribed forms, stating expected date of return must be submitted to
Human Resources. Upon return to work, a written doctor's release must be submitted to Human
OCEA—Administrative/Clerical MOU July 1, 2014 to June 30,2016
Page 13
Resources- For absences of one or more working days in an unpaid status, a request for leave
and a medical statement, on prescribed forms, stating expected date of return must be submitted
to Human Resources.
If the need for leave is due to the employee's serious health condition, as defined in the Family
and Medical Leave Act("FMLA")or the California Family Rights Act("CFRA"), the certification
requirement shall comply with the provisions of these Acts.
27.3 Jury Duty Leave
27.3.1 Any full-time, including probationary, employee who is called forjury duty shall, upon request on
prescribed forms, be entitled to his or her regular pay for those hours of absence due to
performance of the jury duty for a period up to twenty-two(22)working days.
27.3.2 Prior to jury duty service, each employee must complete a time off request through the District's
timesheet system and provide a copy of the summons to his or her supervisor. To be entitled to
receive regular pay for such jury leave, the employee must report for work at the District for time
not actually retained on jury unless there is less than%of their regular shift remaining.
Employees are not compensated for jury duty occurring on scheduled days off.
27.4 Witness Leave
27.4.1 Any full-time, including probationary, employee, who is required to be absent from work by a
subpoena properly issued by a court, agency or commission legally empowered to subpoena
witnesses,which subpoena compels his or her presence as a witness, except in a matter wherein
he or she is named as a defendant or plaintiff or as an expert witness, shall, upon approval of an
online time off request, be entitled the time necessary to comply with such subpoena, provided
any fees received for such service, exclusive of mileage, are submitted to the District for deposit in
the General Fund of the District.
27.4.2 An employee so subpoenaed must submit a copy of the subpoena to his or her supervisor and
complete an online time off request form in order to be eligible for pay for such absence. To be
entitled to receive regular pay for such witness leave, the employee must report for work at the
District for time not actually retained on witness service of one hour or more prior to and/or upon
completion of each day's service, exclusive of travel time.
27.5 Military Leave
27.5.1 A request for military leave shall be made upon leave-of-absence forms approved by the Human
Resources Department and shall state the date when it is desired to begin the leave-of-absence
and the date of anticipated return. A copy of the orders requiring such military service shall be
submitted with the request.
27.5.2 Provisions of the Military and Veterans Code of the State of California, Sections 395-395.5 shall
govern military leave. In general, current law provides that an employee having one(1)year or
more service with a public entity is entitled to military leave with pay not exceeding thirty(30) days
per year if the employee is engaged in military duty ordered for purposes of active military training
or encampment. An employee who is required to attend scheduled service drill periods or perform
other inactive duty reserve obligations is entitled to military leave without pay, not exceeding
seventeen (17)calendar days per year, although the employee may, at his or her Option, elect to
use accrued leave time to attend the scheduled reserve drill periods or to perform other inactive
drill period obligations. Employees who participate in weekend military drill duty are not eligible for
leave with pay for such activity, but may have their regular work schedule changed to
accommodate the required time off.
27.6 Bereavement Leave
27.6.1 Using the online time off request system, any full-time employee, whether probationary or regular,
shall receive a maximum of thirty-six(36) hours of paid time for the death or funeral of an
immediate family member. Immediate family member is defined as the employee's father, step-
OCFA—Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 14
father, father-in-law, mother, step-mother, mother-in-law, brother, step-brother, sister, step-sister,
husband, wife, domestic partner, biological child,adopted child, step-child, child of a domestic
partner, grandchild, grandparent,foster parent,foster child, legal guardian, or any family member
with whom the employee resides.
27.7 Supplemental Leave
27.7.1 Regular full-time employees in the bargaining unit shall be granted Supplemental Leave in
accordance with the following schedule in the first pay period in July:
Years of service 5-9 10-14 15- 19 20-24 25+
Supplemental Leave Hours 5 10 15 20 25
27.7.2 Supplemental Leave will be administered in accordance with the following guidelines:
27.7.2.1 Supplemental Leave may be used in one-quarter(0,25) hour increments.
27.7.2.2 Any unused Supplemental Leave, within the fiscal year granted,will not be carried
over to the next fiscal year.
27.7.2.3 Any unused Supplemental Leave, within the fiscal year granted, is not subject to cash
out or eligible for any mandatory payout.
27.7.2.4 Employees who cease to be part of the bargaining unit for any reason will forfeit any
unused Supplemental Leave.
27.7.2.5 Employees who are hired or transferred into the bargaining unit shall be granted
Supplemental Leave on a pro-rata basis per the following schedule:
Hiref ransfer Date Percent
July—September 100%
October—December 75%
January—March 50%
April—June 25%
ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY
28.1 It is the policy of the District to grant employees leave-of-absences without pay under certain
circumstances and in accordance with state and federal benefit entitlement laws. Except as stated below,
employees shall not receive compensation during an unpaid leave-of-absence. Employees will not be
granted an unpaid leave of absence prior to exhausting all paid leave accrual balances, excluding
employees protected by PDL(Pregnancy Disability Leave)/FMLA(Family and Medical Leave Act)/CFRA
(California Family Rights Act)for their own serious health condition.
28.2 Using the prescribed forms, approved by District management, any full-time, including probationary, or
part-time employees with at least fdty-two(52)weeks of service and at least twelve hundred fifty (1,250)
hours of service, may be granted an FMLA or CFRA leave-of-absence without pay, not to exceed twelve
(12) weeks in a rolling twelve(12) month calendar period.A"rolling"twelve(12) month period is measured
backward from the date the employee uses the leave. A request for leave of absence without pay must be
made upon prescribed forms in all instances where an employee is absent without pay for more than five
(5)consecutive working days, or for absences of ten(10)working days or more when using paid sick
leave accruals.
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Page 15
28.3 Substitution of Paid Leave
28.3.1 Employees who request FMLA or CFRA Leave for qualifying purposes other than the employee's
own serious health condition shall be required to use all accruals, before unpaid leave is granted.
Paid time off will not accrue during any pay period that an employee is absent without pay for
more than one(1)day.
28.3.2 Paid time off accruals may be used for the care of the employee's father, step-father, father-in-law,
mother, step-mother, mother-in-law, brother, step-brother, sister, step-sister, husband, wife,
domestic partner, biological child, adopted child, step-child, foster child, legal ward, child of a
domestic partner, grandchild,grandparent, foster parent, legal guardian, or any family member
with whom the employee resides.
28.4 Permissible Uses
28.4.1 FMLA Leave. FMLA leave may be used for:
28.4.1.1 The birth of a child or to care for a newborn of an employee;
28.4.1.2 The placement of a child with an employee in connection with the adoption or foster
care of a child;
28.4.1.3 The rare for the employee's father, step-father,father-in-law, mother, step-mother,
mother-in-law, brother, step-brother, sister, step-sister, husband,wife, biological
child, adopted child, step-child, foster child, legal ward, child of a domestic partner,
grandchild, grandparent, legal guardian, or any family member with whom the
employee resides, who has a serious health condition, as defined in the Act;
28A.1.4 The employee's own serious health condition that renders the employee unable to
perform the essential functions of his or her positron, including incapacity due to
pregnancy;
28.4.1.5 A qualifying exigency arising out of the fact that an employee's family member is on
covered active duty or called to covered active duty status in the Armed Forces. A
qualifying exigency may include activities such as making arrangements for
childcare, attending counseling relating to the active duty of the service member, or
attending to farewell or arrival arrangements for the service member.
28.4.1.6 The care for the employee's family member or"next of kin'service member of the
United States Armed Forces who has a serious injury or illness incurred in the line
of duty while on active military duty. This leave may consist of up to twenty-six (26)
weeks of unpaid leave during a single twelve(12) month period.
28 4.2 CFRA Leave. CFRA Leave may be used for:
28.4.2.1 The same purposes as FM LA Leave, including the care of a domestic partner or
child of a domestic partner, and shall run concurrently with FMLA leave.
28.4.2.2 CFRA may not be used for 1)an employee's incapacity due to pregnancy, 2) leave
due to a qualifying exigency, or 3)to care for a family member or next of kin with a
serious injury or illness incurred in the line of duty. However, incapacity due to
pregnancy may entitle an employee to up to four(4)months of pregnancy disability
leave under California's Pregnancy Disability Leave(PDL) law.
28.4.3 General Provisions: Requests for FMLA and CFRA Leave
Where the need for Leave is foreseeable, the District requests thirty(30) days advance notice.
28.4.4 Medical Certification
As a condition of FMLA or CFRA Leave because of a serious health condition, the District may
require certification by the employee's attending physician in accordance with Department of
OCEA-Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 16
Labor(DOL) regulations.
28.4.5 Medical and Dental Premiums
During FMLA and CFRA Leave, the District shall pay for medical and dental benefits at the
same level as coverage would have been provided if the employee was not on leave. The
employee shall be required to pay his or her share of medical and dental premiums. Failure to
submit a monthly co-payment, in full, within sixty(60)days of the invoice date will result in loss
of group coverage. Coverage will be reinstated upon return to active employment.
28.4.6 Reinstatement
Upon expiration of FMLA or CFRA Leave, the employee shall be reinstated to the same or a
comparable position, unless the employee would not otherwise have been entitled to that
position for reasons unrelated to such leave(e.g., layoff), in which case the District's obligation
to continue health and dental or other benefits shall cease.
28.4.7 District Employment of Spouses/Domestic Partners
28.4.7.1 FMLA Leave. Married employees shall be limited to a combined total of twelve(12)
weeks FMLA or CFRA Leave in a rolling twelve (12) month calendar period for the
care of a parent or newly born or placed child.
28472 CFRA Leave. Married employees and employees in domestic partnerships will be
limited to a combined total of twelve(12)weeks CFRA leave in a rolling twelve(12)
month calendar period for the care of a parent or newly born or placed child.
28.5 General Leave
28.5.1 Employees who have exhausted all paid time off accruals may request to be granted a general
leave-of-absence by District management to attend to personal matters or for FMLA or CFRA
qualifying events after the expirations of previously authorized leave.
28.5.2 During a general leave-of-absence, the employee will be required to pay both the District's and the
employee's share of medical and dental premiums.
28.5.3 Failure to submit a monthly co-payment, in full, within sixty(60)days of the invoice date will result
in loss of group coverage. Coverage will be reinstated upon return to active employment,
28.6 Return to Work Policy
28.6.1 An employee who has been absent from work due to a medical reason may be subject to a
Return-to-Work medical evaluation.
28.6.2 If it is determined that the job demands of the position last held by the employee are not
compatible with the employee's restrictions(with reasonable accommodation if the employee is
disabled within the meaning of the ADA/FEHA)and the employee is willing to return to work,
placement in an alternative position, if available, shall be considered. The employee shall be re-
classified as medically disqualified while alternative positions are being considered. Such time off
shall be without pay; however, the employee may elect to use accrued leave hours, such as
vacation,sick or personal, to receive compensation. Placement of an employee in an alternative
position requires a pre-placement medical evaluation for the alternative job.
28.6.3 If it is determined that the job demands of the position last held by the employee are not
compatible with the employee's restrictions(and cannot be reasonably accommodated if the
employee is disabled within the meaning of ADA/FEHA)and there is not an alternative position, or
the employee's restrictions are not compatible with an alternative position, or the employee is not
willing to return to work,the employee shall be re-classified as medically disqualified and not
permitted to work. Thereafter, the employee shall be retired for disability, if eligible,or dismissed.
Such dismissal will not imply disciplinary action for cause. If requested, the employee's file will
indicate the employee left for personal reasons.
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Page 17
28,6.4 Bridge of Service
If an employee is dismissed per Section 28.6.3, and then is rehired to a position within the District
within one(1)year, the District shall bridge the employee's service date. Bridging of service
procedures involve adding the total number of days away from work to the employee's original
date of hire.
28.6.5 Failure to Return to Work
If, upon the expiration of FMLA or CFRA Leave, or any District approved extension thereof
including General Leave, an employee fails to return to work and no additional leave has been
authorized, the employee shall be considered to have automatically resigned from his or her
position. In such cases, the employee will receive advance notification of the District's intent to
implement an automatic resignation.
28.7 Compliance with Law
These Leave-of-Absence provisions shall be interpreted and applied in a manner that is consistent with
the provisions of FMLA, CFRA, ADA and all other laws. In the event there is a direct conflict between
these provisions, as written or applied, the provisions of law shall govern.
ARTICLE 29. - CLASSIFICATION STUDIES
29.1 OCSD will include a representative from OCFA to participate as a partner in the agency-wide classification
and compensation study.
29.2 An employee who believes his/her position is not properly classified may submit a written request to the
Department Director asking that a classification study be conducted. The Department Director will
acknowledge the request in writing and review the request for accuracy, and forward it to the Director of
Human Resources, or designee, for consideration and response. Classification studies will only be
conducted twice a year in November and during the budget process, therefore, classifcation study
requests shall be submitted October 1"for the November review and according to the Finance budget
schedule. District's management may also conduct classification studies at their discretion to ensure that
the duties and responsibilities of all employees are appropriately allocated within the classification
structure.
29.3 Y-Rating
29.3.1 All classification study findings regarding existing classifications are subject to approval by the
General Manager: findings recommending a new job classification range are subject to approval
by the District's Board of Directors.The recommendations of the classification study shall be
implemented in the first pay period immediately following the completion of the study, unless the
recommendations require action be taken by the Board of Directors prior to implementation. In
such event, the recommendations shall be implemented in the first pay period immediately
fallowing authorization by the Board.
29.3.2 In the event the duties and responsibilities of a position are allocated to a lower paid classification,
the salary of the incumbent of that position shall remain unchanged (Y-rated)in accordance with
the following table:
Years of Service Term of Y-Rate
0-3 1 year
4-5 2 years
6-10 3 years
11-20 4 years
20 or more 5 years
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Page 18
29.3.3 Y-rating based on the above schedule shall be granted for all reclassifications where employees
are working in a job classification with a lower maximum rate of resulting from changes to the
District's staffing requirements, organizational structure or"bumping"associated with layoffs. Y-
rating shall not apply in cases involving disciplinary actions or voluntary changes to a job
classification with a lower maximum rate of pay.
29.3.4 The Y-rate shall remain in effect until the salary range for the new classification equals or exceeds
the employee's Y-rated salary, or until the tern of the Y-rate expires in accordance with the table
above. If the Y-rate expires before the employee's salary falls within the range of the new
classification, the employee shall be placed at the top of the range. Employees become eligible
for merit increases and range adjustments when the Y-rate is no longer in effect.
29.4 Z-Ralino
29.4.1 Employees allocated to classifications with a lower range maximum than their current salary as a
result of the District's comprehensive Classification Study results implemented effective July 12,
2002 will have their salary remain unchanged (z-rated) until such time that the range maximum of
their salary range exceeds or equals their current salary.
294.2 If a position is allocated to a higher paid classification, and the incumbent is promoted to that level,
his or her salary will be placed at the step of the new range that is nearest a one-step increase,
not to exceed the maximum rate of pay.
ARTICLE 30. - DRIVER'S LICENSE
30A Employees who are required by the District to drive must notify their supervisor and the Human Resources
Risk Management Division immediately upon receipt of any suspension or revocation of their California
Driver's License privileges. Failure to do so could result in disciplinary action up to and including
separation.
30.2 If an employee whose license is suspended or revoked and is unable to perform his or her regular duties
and responsibilities notifies the District in a timely fashion, an attempt shall be made to place the employee
in an equal or lower level position for which he or she is qualified. Placement in the range of the new
classification is subject to District management's discretion.
30.3 The District will continue to pay the license renewals and physical examination costs of Class A& B
licenses that are specifically required by the District.
ARTICLE 31. - LAYOFF PROCEDURE
31.1 Nothing herein shall be construed to require the District to fill vacant, budgeted positions nor to prohibit the
District from eliminating vacant positions from the budget. The District reserves the right to reassign staff
to other positions in instances involving job restructuring, reorganization or due to lack of work.
31.2 The layoff procedure outlined below shall be followed if the District finds it necessary to layoff personnel
who were hired after January 1, 2000 and for any layoffs which occur after November 1, 2002.
31.3 If, in the sole discretion of District management, personnel reductions are necessary, layoff order and
recall lists shall be developed based upon job classification, priority of function,job performance, individual
qualifications and seniority. The OCEA and employees subject to layoff shall be provided with at least two
weeks notification in writing, whenever possible.
31.4 Employees in classifications subject to layoff may request a voluntary demotion to any previously held
position for which they remain qualified. Such requests must be made in writing to the Human Resources
Department within five (5)days of receipt of the Layoff Notice. The salary of an employee who voluntarily
demotes shall be unchanged, except that it may not exceed the maximum rate of the range for the lower
level classification.
OCEA—Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 19
31.5 Recall lists shall be developed for all classifications experiencing personnel reductions, and shall be
maintained for a period of two years from the date of layoff. Individuals shall be placed on the list in the
inverse order of layoff, so that the last person laid off is the first recalled. When a vacancy occurs in a
classification for which a Recall list exists, an offer of reemployment shall be made to the individual on the
top of the list. That individual must respond to the offer within five days, or the offer shall be made to the
next person on the list. An individual who either does not respond or refuses three consecutive offers shall
have their name removed from the list.
31.6 All notification and responses must be in writing and delivered either in person or by Certified Mail. It is
the responsibility of all employees to keep the Human Resources Department informed of their current
address, or where they may be contacted.
ARTICLE 32. - LIGHT DUTY
32.1 An employee who is released by a physician to perform limited duties because of a temporary disability
may be assigned to light duty at the discretion of the District. Light duty may consist of duties other than
those normally performed by the employee and that are within the employee's medical restrictions. An
employee assigned to light duty will be paid the regular wage rate for the job classification to which he or
she was assigned prior to being temporarily disabled.
ARTICLE 33. - MEDICAL EXAMINATION
33.1 When there is reasonable evidence to suggest that an employee is impaired in a manner that endangers
their own health or safety, or that of others, the District may require that employee to be examined or
evaluated by a health care provider. The purpose of such examination must be job related. Any
examination under this provision shall be conducted on District time and at District expense. An employee
may submit an independent medical opinion regarding the individual's condition and addressing his or her
ability to competently perform the duties of the position. This information shall be reviewed and
considered by a competent medical authority in arriving at a decision regarding the individual's continued
employment in the position.
ARTICLE 34. - MILEAGE ALLOWANCE
34.1 Approved use of a personal vehicle for District business shall be reimbursed at the current IRS rate.
ARTICLE 35. -ACTING PAY
35A Employees who are assigned by District management to perform the duties of a position at a higher level
for a period of at least eighty (80) consecutive hours shall be eligible for a one step salary increase, or the
first step of the range for the higher level classification, whichever is greater. The higher rate of pay begins
with the hour eighty-one(81), and continues until the assignment ends or the six(6)month limitation has
been reached at which time a determination will be made as to whether the position should or should not
be posted. Requests for acting pay require the approval of the Department Director and the Director of
Human Resources, or designee. The eighty(80) hour eligibility period may be waived at the discretion of
the General Manager.
ARTICLE 36.
(This Article intentionally left blank,)
ARTICLE 37. - PERSONNEL FILES
37.1 Employees have the right to inspect their personnel file in the Human Resources Department during the
normal office hours of the Human Resources Department, by appointment. Employees who wish to correct
allegedly erroneous information in their file, or request that items related to disciplinary matters be
removed after the indicated time period has elapsed, should submit a request in writing to the Director of
Human Resources, or designee. It is the responsibility of each employee to keep the personal information
in his or her file current, including home address, telephone number and person to contact in an
emergency.
OCEA—Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 20
ARTICLE 38. - BULLETIN BOARDS
38.1 The OCEA may use the bulletin boards located at Plant 1 and Plant 2,which are designated for use by
employee groups to post notices to District employees, provided that: (a)no controversial matter which is
critical of or derogatory to the District, its employees, officers or Directors may be posted; (b) nothing
posted by the District may be removed; (c)the OCEA shall remove its notices after a reasonable length of
time; and(d)only a reasonable number of notices shall be posted.
ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS
39.1 A maximum of three(3)employees covered by this Agreement and appointed by the OCEA shall be
granted reasonable release time for attending meet and confer sessions at the bargaining table. Release
time shall not be compensated for any hours that exceed the employee's regularly scheduled hours of
work.
39.2 The OCEA shall provide the Director of Human Resources, or designee, with the names of employees
requiring meet and confer release time in advance of the meet and confer session. The release time shall
be granted provided that the needs of the District permits the time away from assigned work.
ARTICLE 40. - USE OF DISTRICT FACILITIES
40.1 District facilities may be used by the OCEA with prior notice to the Director of Human Resources, or
designee, for the purpose of holding meetings, to the extent that such use does not interfere with normal
District operations. The OCEA agrees to pay for the cost of any additional custodial or security services.
ARTICLE 41. - SCOPE OF BARGAINING
41,1 The District and the OCEA acknowledge that during the negotiations, which resulted in this Agreement,
each parry had the unlimited right and opportunity to make demands and proposals with respect to all
proper subjects within the scope of representation. Therefore, the District and the OCEA, for the term of
this Agreement, except as otherwise provided herein, each voluntarily and unqualifiedly waive the right,
and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or
matter contained in this Agreement.
ARTICLE 42. - IMPASSE PROCEDURES
42.1 If either the District or OCEA declares that an impasse exists in the meet and confer process, the party so
declaring may initiate the impasse procedure by providing the other party with a written request for an
impasse meeting, together with a statement of its position on all issues. An impasse meeting shall be
scheduled and held between the parties within fourteen (14)calendar days or as soon as practicable to:
42.2 Review the position of the parties in a final effort to reach agreement on a memorandum of understanding,
and if the impasse is not resolved, to discuss the immediate utilization of impasse procedures outlined
herein.
43.3 Impasse procedures are:
43.3.1 Mediation: If the parties mutually agree to submit the dispute to the Slate Mediator and
Conciliation Service, all mediation proceedings shall be private and occur as soon as practicable.
The mediator shall make no public recommendation, nor take any public position at any time
concerning the issues.
43.3.2 Fact-Finding: If the parties fail to resolve the dispute through mediation, the parties may agree to
submit the impasse to fact finding as soon as practicable. The cost of a fact finder and other
mutually incurred casts shall be mutually shared by the District and OCEA.
43.3.3 Board Actions: If the parties fail to resolve the impasse, the dispute shall be sent to the District's
Board of Directors for resolution. Each party shall submit its written proposal on all issues to the
OCEA—Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 21
Board. The Board may take such action to resolve the impasse as it deems appropriate to the
public interest. Any action taken by the Board to resolve the impasse shall be final and binding.
ARTICLE 43. -SEVERABILITY
43.1 Notwithstanding any other provisions in this Agreement, in the event that any article, section or subsection
of this Agreement shall be declared invalid by any court or by any stale or federal law or regulation, or
should a decision by any court or any state or federal law or regulation diminish the benefits provided by
this Agreement,or impose additional obligations on the District, the District and OCFA shall meet and
confer on the affected article, section or subsection. In such event, all other articles, sections or
subsections of this Agreement not affected shall continue in full force and effect.
ARTICLE 44. - UNIFORMS
44.1 The District shall provide and maintain ten(10)uniform pants and shirts, which may include the name of
the employee and District's seal, at no cost to employees whose duties require that they wear uniforms.
The District will also provide lab coats as required by the lab manager.
44.2 All employees who are Issued uniforms must wear them during the performance of their regular duties.
Other clothing appropriate to the occasion, as determined by District management, may be worn when
attending business meetings. Failure to wear required clothing, shoes and safety equipment may be
cause for disciplinary action.
ARTICLE 45. - SUBSTANCE ABUSE POLICY
45.1 The District's Substance Abuse Policy will apply to all unit members. The District may adopt or implement
rules, regulations and policies to be in compliance with federal and state laws. In such cases, notification
will be provided to the bargaining unit prior to implementation.
45.2 Department of Transportation(DOT) Regulations
45.2.1 Every driver who operates a commercial motor vehicle in interstate or intrastate commerce,and Is
subject to the commercial driver's license requirements of the Department of Transportation,
Federal Highway Administration CFR Part 382 is subject to the District's Anti-Drug and Alcohol
Program. The District will ensure that all alcohol or controlled substances testing conducted under
the Substance Abuse and Alcohol Misuse Plan complies with the procedures set forth in CFR Part
40.
45.3 District's Substance Abuse Policy
45.3.1. Any employee may be subject to discipline, up to and including termination,for any alcohol screen
test that indicates an alcohol concentration level of 0.02%or greater.
ARTICLE 46. - DUES DEDUCTIONS
46.1 The District shall deduct from each regular paycheck and remit to OCEA the dues, initiation fees and
assessments for each employee who voluntarily authorizes such deduction in writing. Such authorizations
must be fled by the end of the pay period prior to the period for which the deduction is requested.
46.2 The District shall provide the OCFA a quarterly list of the names of those employees for whom it has made
deductions. In addition, the District shall provide the names and addresses of new employees and the
names of employees who have terminated within the previous quarter.
ARTICLE 47.
(This Article intentionally left blank)
OCFA—Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 22
ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES
48.1 During the term of this Memorandum, or any subsequent period when impasse resolution procedures are
in progress or recommendations resulting from such procedures are being considered by the parties, the
District agrees it shall not lockout employees in this bargaining unit, and OCEA agrees that it shall neither
advocate, encourage or participate in any strike, including sympathy strike, or work stoppages, nor
encourage employees to refrain in whale or in part from the full, faithful and proper performance of their
duties of employment.
ARTICLE 49.
(This Article intentionally left blank)
ARTICLE 50. - WORKPLACE VIOLENCE AND WEAPONS POLICY
50.1 The District's Workplace Violence and Weapons Policy will apply to all unit members.
ARTICLE 51. - RESIGNATION
51.1 Voluntary written termination of employment with the District is irrevocable after seventy-two (72) hours
from the receipt of the resignation, except by approval of the Director of Human Resources, or designee.
ARTICLE 52.
(This Article intentionally left blank)
ARTICLE 53. - LABOR MANAGEMENT COMMITTEE
53A Orange County Employees Association(OCEA) and the Orange County Sanitation District(OCSD) hereby
agree to meet within two(2)months from the OCSD Board approval of this MOD to discuss the structure
and process of a Labor Management Committee at OCSD. Absent mutual agreement regarding the
structure and process of a Labor Management Committee, the parties will defer discussions to the time
when a successor MOU is raised.
OCEA—Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 23
SIGNATURE PAGE
2014—2016
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
ADMINISTRATIVE AND CLERICAL UNIT
Executed:
OCEA ADMINIST ATIVE &CLERICAL UNIT ORANGE COUNTY SANITATION DISTRICT
Bo rGutierrez, Labor eato s Representative Steve Filarsky, Chief Negotiator
Joshua Boudreaux, James Herberg, General Manager
Representative
r
'It's 12, �&'
Bea Ice tchell, Asssis aaFant Robert P. Ghirelli,Assistant General Manager
anal Roberts, Administrative Assistant Richard Spencer, Human Resources Manager
Andrew Nau, Principal Human Resources
Analyst
Stephanie Good, Human Resources Analyst
OCEA—Administrative/Clerical MOU July 1, 2014 to June 30, 2016
Page 24
Exhibit A
ADMINISTRATIVE AND CLERICAL
UNIT
Effective Effective
Pay 11Jul-14 10.Iul-16
Classification Grade MIN MAX MIN MAX
Executive Assistant 69 $34,89 $42.41 $35.59 $43.26
Administrative Assistant 67 $33.20 S40.35 $33.86 $41.16
ContractslPunhasing Assistant 67 $33.20 $40.35 $33.86 S41.16
Payroll Technician 67 $33.20 S40.35 $33.86 $41.16
Graphics Coordinator 66 $32.40 S39.38 $33,05 $40,17
Lead Storekeeper 62 $29.34 $35.67 $29,93 $36.38
Accounting Assistant ll 58 $26.58 $32.31 $27.11 $32.96
Senior Storekeeper 58 $26.58 $32.31 $27.11 $32.96
Program Assistant 56 525.31 $30.75 $25.82 $31.37
Accounting Assistant 1 54 $24.08 $29.26 $24.56 $29.85
Storekeeper 52 $22.93 $27.So $2339 $28.44
Office Assistant 50 $2182 $26.52 $22.26 $27,05
OCEA-Administrative/Clerical MOU July 1, 2014 to June 30,2016
Page 25
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
TECHNICAL SERVICES UNIT
July 1, 2014 through June 30, 2016
TABLE OF CONTENTS
ARTICLE1.-RECOGNITION................................................................................................................................1
ARTICLE2. -DURATION.......................................................................................................................................1
ARTICLE 3. -SUCCESSOR AGREEMENT...............................................................................I...........................1
ARTICLE4. -OCEA ACCESS...............................................................................................................................1
ARTICLE 5. -OCEA RIGHTS.................................................................................................................................2
ARTICLE 6.-DISTRICT RIGHTS.........................................................................................................................2
ARTICLE 7.-NONDISCRIMINATION IN EMPLOYMENT....................................................................................2
ARTICLE 8. -SMOKE-FREE WORK ENVIRONMENT.........................................................................................2
ARTICLE9. -SAFETY...........................................................................................................................................2
ARTICLE 10. -DISCIPLINE AND DISMISSAL......................................................................................................3
ARTICLE 11. -GRIEVANCE PROCEDURE..........................................................................................................4
ARTICLE 12.-PROBLEM SOLVING PROCEDURE............................................................................................5
ARTICLE 13.-SALARY ADJUSTMENTS AND COMPENSATION.....................................................................5
ARTICLE14.-SEVERANCE PAY.........................................................................................................................6
ARTICLE 15. -DEFERRED COMPENSATION.....................................................................................................7
ARTICLE16. -HOLIDAYS.....................................................................................................................................7
ARTICLE17.-HOURS OF WORK.......................................................................................................................8
ARTICLE 18. -CALL-BACK PAY..........................................................................................................................8
ARTICLE 19. -STANDBY PAY..............................................................................................................................a
ARTICLE20.-INSURANCE.................................................................................................................................8
20.3 MEDICAL INSURANCE_..............................................................................................................................8
20.4 LIFE INSURANCE............_. .......................................................................................................................9
20.5 SHORT TERM DISABILITY..........................................................................................................................9
20.6 LONG TERM DISABILITY............................................................................................................................9
20.7 DENTAL INSURANCE.................................................................................................................................9
20.8 VISION INSURANCE...................................................................................................................................9
20.9 RETIRING EMPLOYEES..............................................................................................................................9
ARTICLE 21.-REIMBURSEMENT ACCOUNT..................................................................................................10
21.2 GROUP INSURANCE PREMIUMS........................................ ..................... ...._.................... ........ ............10
21.3 MEDICAL CARE REIMBURSEMENT ACCOUNT._..............._....._........_.._...........,......................._..............10
21.4 DEPENDENT CARE ASSISTANCE ACCOUNT............................................................................-................10
ARTICLE 22.-OVERTIME...................................................................................................................................10
ARTICLE 23.-PROBATIONARY PERIOD.........................................................................................................10
ARTICLE 24.-PROMOTIONS.............................................................................................................................11
ARTICLE 25.-RETIREMENT..............................................................................................................................11
ARTICLE 26.-SHIFT DIFFERENTIAL................................................................................................................12
ARTICLE 27. -LEAVE-OF-ABSENCE WITH PAY..............................................................................................12
27.1 VACATION LEAVE................................................................................................................................ 12
27.2 SICK LEAVE.....I.,.,,................................................. ..... ... .I.... ...................... .................................12
27.3 JURY DUTY LEAVE..................................................................................................................................14
27.4 WITNESS LEAVE.....................................................................................................................................14
27.5 MILITARY LEAVE....-...............................................................................................................-..............14
27.6 BEREAVEMENT LEAVE............................................................................................................................14
27.7 SUPPLEMENTAL LEAVE...........................................................................................................................15
ARTICLE 28.-LEAVE-OF-ABSENCE WITHOUT PAY......................................................................................15
28.3 SUBSTITUTION OF PAID LEAVE................................................................................................................16
28.4 PERMISSIBLE USES................................................................................................................................16
28.5 GENERALLEAVE....................................................................................................................................17
28.6 RETURN TO WORK POLICY.....................................................................................................................17
28.7 COMPLIANCE WITH LAW..........................................................................................................................18
ARTICLE 29.-CLASSIFICATION STUDIES........................................................................I.................I............18
ARTICLE 30. -DRIVER'S LICENSE.....................................................................................I..............................19
ARTICLE 31. -LAYOFF PROCEDURE...............................................................................................................19
ARTICLE 32. -LIGHT DUTY................................................................................................................................20
ARTICLE 33. -MEDICAL EXAMINATION...........................................................................................................20
ARTICLE 34. -MILEAGE ALLOWANCE.............................................................................................................20
ARTICLE35.-ACTING PAY...............................................................................................................................20
ARTICLE36..........................................................................................................................................................20
OCEA-Technical Services MOU July 1, 2014 to June 30, 2016
Pagel
ARTICLE 37. -PERSONNEL FILES....................................................................................................................20
ARTICLE 38.— BULLETIN BOARDS..................................................................................................................21
ARTICLE 39.-RELEASE TIME FOR MEET AND CONFER SESSIONS..........................................................21
ARTICLE 40.-USE OF DISTRICT FACILITIES..................................................................................................21
ARTICLE 41. -SCOPE OF BARGAINING...........................................................................................................21
ARTICLE 42. -IMPASSE PROCEDURES...........................................................................................................21
ARTICLE 43. -SEVERABILITY...........................................................................................................................22
ARTICLE44. -UNIFORMS..................................................................................................................................22
ARTICLE 45.-SUBSTANCE ABUSE POLICY...................................................................................................22
ARTICLE 46.-DUES DEDUCTIONS...................................................................................................................22
ARTICLE47..........................................................................................................................................................22
ARTICLE 48.-PEACEFUL RESOLUTION OF DISPUTES................................................................................23
ARTICLE49..........................................................................................................................................................23
ARTICLE 50. -WORKPLACE VIOLENCE AND WEAPONS POLICY...............................................................23
ARTICLE51,-RESIGNATION ............................................................................................................................23
ARTICLE52..........................................................................................................................................................23
ARTICLE 53.-LABOR MANAGEMENT COMMITTEE..........................................................................24
SIGNATUREPAGE..............................................................................................................................................24
EXHIBITA............................................................................................................................................................25
OCEA—Technical Services MOU July 1, 2014 to June 30, 2016
Page ii
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
TECHNICAL SERVICES UNIT
In accordance with the provisions of California Government Code Sections 3500, at seq., and Resolution No. 75-127
of the Joint Board of Directors, the District's authorized representative has met and conferred in good faith with
representatives of the Orange County Employees Association (OCEA)for the Technical Services Unit. These
meetings have resulted in an agreement and understanding to recommend that the employees represented by
OCEA accept these terms and conditions, and that the Board of Directors adopt by Resolution the changes and
additions to the wages, hours, and conditions of employment for the employees represented by OCEA as set forth in
this Agreement.
ARTICLE 1. - RECOGNITION
1.1 This Agreement, effective July 1, 2014, is entered into between the Orange County Sanitation District,
referred to hereinafter as the"District,"and the Orange County Employees Association, referred to
hereinafter as"OCEA."
1.2 The District recognizes the Orange County Employees Association as the exclusive recognized employee
organization for matters within the scope of representation for the following classifications, as set forth in
Exhibit"A" (attached hereto and incorporated by reference), as well as additional classes as may be
added hereafter by the District.
ARTICLE 2. - DURATION
2.1 This Agreement shall be binding on the District and OCEA when approved and adopted by the District's
Board of Directors. This Agreement shall terminate on June 30, 2016,This Agreement shall act as a bar
to the raising of the question of representation during its term,except that the question of representation
may be raised during the period between sixty(60) and ninety(90)days prior to its expiration.
ARTICLE 3. - SUCCESSOR AGREEMENT
3.1 The Group shall submit in writing its initial proposal for a successor agreement prior to the expiration dale
of this Agreement.
ARTICLE 4. - OCEA ACCESS
4.1 An OCEA Representative shall have access to the District's facilities during working hours for the purpose
of assisting Unit employees in processing grievances or investigating matters arising out of the application
of provisions of this Agreement. The OCEA Representative must obtain authorization for each visit in
advance from the Director of Human Resources, or designee.
4.2 The OCEA shall provide the Director of Human Resources, or designee, with a list of Representatives who
are authorized to request access under this article, and shall notify the Director of any changes in that list.
4.3 OCEA access shall not interfere with the District's operations,or with the work of employees in any
manner. The District reserves the right to restrict access in certain areas designated as confidential or
secure.
OCEA—Technical Services MOU July 1, 2014 to June 30, 2014
Page 1
ARTICLE 5. - OCEA RIGHTS
5.1 The OCEA may designate employees to act as representatives for employees covered by this Agreement.
The OCEA shall furnish the Director of Human Resources, or designee with the names of employees
selected as representatives and shall update the list as necessary. An alternate representative may be
designated to act in the absence of the regular representative. Employees not listed on the roster of
representatives provided to the District by the OCEA may not act as representatives.
5.2 Representatives shall not perform non work-related duties on work time without the prior approval of their
immediate supervisor. Neither the District nor the OCEA shall interfere with, intimidate, restrain, coerce or
discriminate against employees because of the exercise or non-exercise of their rights to engage in OCEA
activity.
ARTICLE 6. - DISTRICT RIGHTS
6,1 District inherent rights, powers, functions, duties, responsibilities and authority related to a managerial or
administrative character are reserved to the District in its exercise of management decision-making,
except as specifically modified by the express provisions of this Memorandum. District rights include, but
are not limited to, the exclusive right to consider the merits, necessity or organization of any service or
activity provided by law, or administrative order, determine the mission of its constituent departments,
commissions and boards; set standards of service, determine the procedures and standards of selection
for employment and promotion; establish and implement performance standards; direct its employees;
take disciplinary action for proper cause; layoff employees from duty because of lack of work of lack of
funds; maintain the efficiency of District operations; determine the methods, means and personnel by
which District operations are to be conducted; determine the content of job classifications; classify and
reclassify positions; take all necessary actions to carry out its mission in emergencies; and exercise
complete control and discretion over its organization and the technology of performing its work.
6.2 District retains all authority and rights conferred on it by law, or other legal sources, except to the extent
that such authority is explicitly waived by the express terms of this agreement. District exercise of its
management rights hereunder shall not be subject to appeal or meeting and conferring, however, that the
exercise of such rights does not preclude OCEA from appealing or meeting and conferring the practical
consequences or impacts that District decisions have on wages, hours, and other terms and conditions of
employment.
ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT
7.1 There shall be no unlawful discrimination in the application of the provisions of this Agreement with regard
to race, color, religion, national origin, ancestry, sex, sexual orientation, or veteran status. To the extent
required by law or by the District's rules or regulations, this provision of the Agreement shall be applied to
all members of the unit without regard to marital status, handicap, medical condition, status as a disabled
veteran, age or citizenship.
ARTICLE B. - SMOKE-FREE WORK ENVIRONMENT
8A The District endorses and supports the right of all employees to work in a healthy and safe environment
free of recognized hazards. In view of the hazards associated with smoking and the potentially harmful
effect it has on the health and well being of District employees and their families, smoking is not
acceptable within District facilities, and may occur only in areas posted for smoking.
ARTICLE 9. - SAFETY
9.1 It is the duty of the District to provide and maintain a safe place of employment. OCEA shall cooperate by
encouraging all employees covered by this Agreement to perform their work in a safe manner. It is the
duty of all employees covered by this Agreement, in the course of performing their assigned duties, to be
alert to unsafe practices, equipment, and conditions, and to follow the safety regulations and requirements
of the District, and to report any unsafe practices or conditions to their immediate supervisors. An
employee shall not be required to perform work that is unsafe.
OCEA—Technical Services MOU July 1, 2014 to June 30, 2016
Page 2
ARTICLE 10. - DISCIPLINE AND DISMISSAL
10.1 Discipline may occur when any of the following actions are taken for just cause with respect to any
employee in the unit: verbal reprimand, written reprimand, suspension without pay', reduction in pay,
demotion to a classification with a lower maximum rate of pay or dismissal.
10.2 Dismissal, for purposes of this Article, is the separation of a non-probationary employee initiated by the
District for just cause.
10.3 A Notice of Intent is not required when the disciplinary action involves a verbal reprimand or written
reprimand.
10.4 A Notice of Intent is required and will be given to an employee whenever the disciplinary action involves a
suspension without pay, a reduction in pay, a demotion to a classification with a lower pay grade, or
dismissal. The notice will be given to the affected employee either by delivery in person or by Certified Mail
sent to the employee's last known address. Such personal delivery or mailing shall be presumed to
provide actual notice to the affected employee. The Notice of Intent shall indicate the date on which it was
personally delivered or deposited in the mail, which shall be the date of issuance,
10.5 The Notice of Intent shall contain the following: (1)a description of the disciplinary action intended and the
effective date of the action, (2)the reasons for the proposed action;(3) a copy of the charges and materials
upon which the action is based; and, (4)a statement of the employee's right to respond, either verbally or
in writing to the person initially imposing the discipline or to a District management representative with
authority to make an effective recommendation on the proposed action, the person to whom any response
must be directed, and the fact that such response must be received within ten (10)business days of the
date of issuance of the notice. The Notice shall also advise the employee of his or her right to
representation.
10.6 Prior to the effective date of the proposed disciplinary action, the employee shall be given an opportunity
to respond either verbally or in writing to a management representative with authority to make an effective
recommendation on the proposed action. After review of an employee's response, the District shall notify
the employee in writing of the action that shall betaken. Such action may not involve discipline more
severe than that described in the Notice of Intent; however, the District may reduce discipline without
further notice. Further clarification of the disciplinary policies and procedures are covered in the District's
Personnel Policies& Procedures Manual.
10.7 Dismissal shall be preceded by at least one (1)written reprimand, except in those situations in which the
employee knows or reasonably should have known that the performance or conduct was unsatisfactory.
Such performance or conduct may involve, but is not limited to, dishonesty, possession, use, sale or being
under the influence of drugs or alcohol, theft or misappropriation of District property or funds,fighting on
the job, insubordination, acts endangering people or property, or other serious misconduct. The District
may substitute documented suspensions without pay for written reprimands.
10.8 If a Notice of Intent is upheld and the disciplinary action is imposed, the employee may request a post-
disciplinary hearing. The request must be submitted to the Director of Human Resources, or designee,
within ten (10)business days following the effective date of the disciplinary action (for suspensions, the
effective date shall be the first business day following the final day of the suspension). The Director of
Human Resources, or designee, shall schedule a post disciplinary hearing with the General Manager or a
hearing officer selected by the General Manager. The hearing officer may not be an employee of the
District. The hearing officer will provide a written, advisory decision to the General Manager. The General
Manager may uphold the disciplinary action that has been taken or may reduce such discipline without the
issuance of a further Notice of Intent, The decision of the General Manager shall be final.
10.9 Disciplinary action documentation shall be placed in an employee's personnel file in the Human Resources
Department. Documentation regarding verbal and written reprimands may be removed from an
employee's personnel file twenty-four(24) months subsequent to the date of issuance, provided that there
has been no recurrence of a similar incident during the period. If the Director of Human Resources, or
designee, agrees to remove disciplinary action documentation from an employee's personnel file, such
documentation shall be retained in a separate file by the Human Resources Department for the purpose
of showing that progressive discipline has been followed or in support of the District's proposed discipline.
OCEA—Technical Services MOU July 1, 2014 to June 30, 2016
Page 3
10.10 Verbal reprimands and written reprimands may only be reviewed under this Agreement through the
Problem Solving Procedure. Nothing in this article shall be construed as a waiver of any statutory or
constitutional rights.
10.11 A reduction in pay or demotion to a classification with a lower pay grade that is not a result of performance
deficiencies(for example, reclassifications, "bumping"associated with layoffs, reasonable
accommodation)shall not be considered discipline.
ARTICLE 11. - GRIEVANCE PROCEDURE
11.1 A grievance is any complaint that management has violated a specific provision of this Agreement, except
that, in accordance with Article 10 above, discipline which requires a Notice of Intent may not be reviewed
under this Grievance Procedure.
11.2 A grievance may be brought to the attention of the District by an individual employee within the Unit or by
the OCEA. The District may not bring a grievance through this procedure. Grievances brought by two (2)
or more employees, and concerning the same incident, issue, or course of conduct,or multiple grievances
brought by the same employee may, upon mutual agreement of the District and the OCEA, be
consolidated for the purposes of this procedure.
11.3 An employee may be self-represented or be represented by the OCEA at all steps of the Grievance
Procedure, unless specifically agreed otherwise by the OCEA and the employee. The District shall
provide a copy of all written grievance settlements to the OCEA. Any reference to days in this article
implies business days.
11.3.1 Step 1. An employee will submit his/her complaint in writing to his/her immediate supervisor or
designee within five (5)days of the occurrence of the event giving rise to the complaint, or within
five(5)days from the time that the employee became aware of such event. The supervisor, or
designee, shall attempt to resolve the issues surrounding the complaint, and respond in writing to
the employee within five (5)days.
11.3.2 Step 2. If the grievance is not settled at Step 1, it may be submitted in writing to the employee's
Division Manager, or designee. This request for formal review must be presented on a form
provided by the District within five(5)days of the conclusion of Step 1. A copy of each written
communication on a grievance will be filed with the Director of Human Resources, or designee.
The written grievance must.
a) Identify the specific management act to be reviewed;
b) Specify how the employee was adversely affected;
c) List the specific provisions of the MOU that were allegedly violated and state how they were
violated;
d) Specify the remedy requested; and
e) Provide the date of attempts at informal resolution and the name of the supervisor or individual
involved.
11.3.2.1 The Division Manager, or designee, shall respond in writing to the employee within ten
(10) days after the date the grievance is received.
11.3.3 Step 3, If a grievance is not settled under Step 1 or 2, it may be presented to the employee's
Department Director, or designee, for review and written response. The request for formal review
must be presented on a form provided by the District within five(5) days of the conclusion of Step
1 or 2, and must contain the information specified in Step 2 above. A copy of each written
communication on a grievance will be filed with the Director of Human Resources, or designee.
The employee's Department Director, or designee, shall respond in writing to the employee within
ten (10)days after the date the grievance is received.
OCEA—Technical Services MOU July 1, 2014 to June 30, 2016
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11.3.4 Step 4. If the grievance cannot be resolved under Step 3, it may be presented to an Assistant
General Manager, or designee, within five (5)days from the date the Step 3 finding was issued.
The Assistant General Manager, or designee, shall respond in writing to the employee within ten
(10)days after the date the grievance is received.
11.3.5 Step 5. Appeal to the General Manager, or designee, is the final step in the Grievance Procedure.
If the grievance cannot be resolved under Step 4, it may be presented to the General Manager, or
designee, within five(5)days from the date the Step 4 finding was issued. The General Manager,
or designee,shall respond in writing to the employee within ten(10) days after the date of the
grievance is received.
11.4 General Provisions: An employee shall be given reasonable time off without loss of pay to present and
process a grievance. If an employee is represented by the OCEA,the OCEA may designate one
employee to present and process the grievance. The employee representative shall be given reasonable
time off without lass of pay to perform this responsibility. Absence from work shall be approved only if it
does not cause disruption to District operations. However, if the time requested cannot be provided, an
alternate time shall be arranged.
11.4A Failure of a management representative to respond within the appropriate time limit shall provide a
basis for the employee appealing to the next step. If a grievance is not presented or appealed
within the time limits, it shall be considered resolved on the basis of the preceding response. The
Director of Human Resources, or designee, may be petitioned in writing to waive the step or time
requirements provided sufficient cause exists.
11.4.2 Resolution may be agreed upon at any stage of the grievance process. However, the OCEA shall
be notified prior to the resolution of any formal grievance matter.
ARTICLE 12. - PROBLEM SOLVING PROCEDURE
12.1 Employees may bring problems to the attention of District managers through the Problem Solving
Procedure, This Procedure was developed to encourage and facilitate the resolution of employee
concerns in a responsive and fair manner, and may be used to attempt to resolve issues that may not be
subjected to the Grievance Procedure. Any reference to days in this article implies business days.
12.2 Employees should discuss concerns regarding issues that are not grievable with their supervisor as soon
as possible, The supervisor shall review the situation or decision, and provide a written response within
five days from the date they were notified of the problem.
12.3 If the problem is not resolved to the employee's satisfaction, the employee may file a written statement
concerning the problem with the Director of Human Resources, or designee, within ten(10)days of receipt
of the supervisor's decision. Upon request of either party, a meeting shall be held to define issues and
establish the remedies sought. The employee shall be provided a written response within ten (10)days
after his or her statement is received. Time limits may be extended for cause upon mutual consent of the
parties, and the decision of the Director of Human Resources, or designee, is final.
ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION
13.1 Each pay grade is divided into five(5) steps, with an approximate 5.0%difference between each step.
13.2 Pay increases will only apply to eligible employees in an active payroll status on the effective date of
implementation. Eligible employees will not receive retroactivity if active payroll status becomes effective
after the date of implementation.
13.3 Merit Pay
13.3.1 Step Increase Pay— Bargaining unit employees will be eligible for Step Increase Pay based upon
receipt of year-end performance appraisal ratings issued by the assigned supervisor. Step
Increase Pay will be paid according to the following:
OCEA—Technical Services MOU July 1, 2014 to June 30, 2016
Page 5
13.3.1.1 Eligible-Employees must have a proficient year-end performance appraisal to receive a
one (1) step base-building salary increase until earning placement at step five (5).
13.3.1.2 Ineligible- Employees who are placed on a Performance Improvement Plan (PIP) due to
a needs improvement performance review on the year-end appraisal or who are on a PIP
at the time of the year-end appraisal period will remain at their current step until the PIP
is satisfactorily completed.
13.3.1.3 Performance Management Program. The performance management program includes
three(3) rating categories(exceeds, proficient, needs improvement)for performance
appraisals.
13.3.2 Development Pay- Employees under this Agreement will be eligible for Development
Pay. Development Pay is a non-base building pay type that will be distributed in a lump-sum
amount each pay period. Employees must have a proficient yearend performance appraisal to be
eligible for the following Development Pay types:
• Education-Eligible employees who obtain or who have obtained a degree of approved
subjects at an accredited college or university will receive $20.76 per pay period for an
associate degree and $41.53 per pay period for an undergraduate degree. The maximum
amount of Education pay is fixed at$41.53 per pay period.
• Certification/License-Eligible employees who obtain or who have obtained a District
approved certification or license will receive$7.62 per pay period per certificate or license with
a maximum of three(3)certificates and/or licenses. The maximum amount of
certification/license pay for any combination of certificates and/or licenses is fixed at $22.86
per pay period,
13.3.2.1 The overall maximum Development Pay for education, certification and/or licenses is
fixed at$64.39 per pay period.
13.3.2.2 Employees who are placed on a PIP due to a needs improvement performance review
on the year-end performance appraisal are not eligible for Development Pay until the
PIP is satisfactorily completed.
13.3.2.3 Employees who are placed on a PIP due to needs improvement performance outside
the year-end appraisal will have all Development Pay suspended until the PIP is
satisfactorily completed. The return of Development Pay will not be retroactive.
13A Salary Range Adiustments
13.4.1 Effective the first pay period in July 2014, employees under this Agreement will receive salary
range adjustments at a flat rate of 2.0%,
13.4.2 Effective the first pay period in July 2015, employees under this Agreement will receive salary
range adjustments at a flat rate of 2.0%.
ARTICLE 14. - SEVERANCE PAY
14.1 Employees are expected to give a minimum of two(2)weeks written notification when terminating
employment with the District. Except for disciplinary cause, when a full-time employee is terminated by
action of the District, the employee shall be notified in writing two(2)weeks prior to the effective
separation date. In the event the District does not give such notification, the employee shall be entitled to
severance pay in accordance with the formula set forth below.
14.1.1 Full-time, regular employees shall be entitled to eight(8) hours pay for each full Calentlar month of
continuous employment not to exceed one hundred sixty(160) hours pay.
14.1.2 Employees in limited term or part-time positions, probationary employees and employees who are
separated for cause, are not eligible for severance pay under any circumstances.
OCEA-Technical Services MOU July 1, 2014 to June 30, 2016
Page 6
ARTICLE 15. - DEFERRED COMPENSATION
15.1 Employees may participate in the District's approved deferred compensation plan subject to IRS
requirements,and in accordance with all guidelines for voluntary participation established by District
management.
ARTICLE 16. - HOLIDAYS
16.1 The days listed below are observed by the District as holidays. Employees will receive holiday pay if their
entire scheduled work shift immediately preceding and following the holiday are in a paid payroll status,
meaning the employee worked those shifts or utilized paid time off in lieu of working those shifts. When an
employee's work schedule requires that they work on an observed holiday, the employee will be paid at
the employee's regular rate of pay for the holiday, and will also receive overtime pay at the rate of one and
one half(1.5)times their regular hourly rate for all hours actually worked. Employees may also elect to
receive Holiday Compensatory Time Off on an hour for hour basis rather than receive holiday pay. When a
holiday occurs on an employee's regular scheduled day off,the employee will accrue compensatory time
off for the amount of hours normally scheduled for that day Employees with a compensatory time off
balance in excess of fifty(50) hours as of the last pay period ending in October will receive a mandatory
payout for the hours that exceed fifty (50).
HOLIDAY
New Year's Day
Lincoln's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Day before Christmas
Christmas Day
Floating Holiday"
16.2 Employees may elect one(1)day during each year as a"Floating Holiday". New employees shall be
granted a"Floating Holiday"on a pro rate basis in the first calendar year of service per the following table:
Hire Date Percent
Im Quarter(January-March) 100%
2m Quarter(AprikJune) 75%
V Quarter(July-September) 50%
Wn Quarter(October-December) 0%
16.3 Employees must use the"Floating Holiday"within the year it is granted. Every effort will be made to
approve an employee's request for a "Floating Holiday"off providing sufficient notice is given.
OCEA—Technical Services MOU July 1,2014 to June 30,2016
Page 7
ARTICLE 17. - HOURS OF WORK
17.1 For record keeping and accounting purposes, the"workweek"for full-time employees is 40 hours per 168.
hour period, to be paid on a biweekly payroll basis of 80 hours worked. Employee work periods may be
scheduled in shifts of four 9-hour days and one 4-hour day each workweek (9/80 schedule), five 8-hour
days each workweek(10/80), four 10-hour days each workweek (8/80), or three 12-hour days and one 4-
hour day each workweek(7180). The starting and ending times of individual employees'workweeks may
vary.
17.2 Employees shall receive ten-minute rest periods twice in a nine-hour shift, and three times for a shift of
more than ten hours. Meal and rest periods may not be avoided or accrued for the purpose of obtaining
time off or shortening the regular shift. If an employee reports to work as scheduled and was not notified
that their hours had been changed, he or she shall receive two hours pay at the overtime rate.
17.3 The District may, at its sole discretion, change an employee's work schedule with thirty (30) days written
notice to the affected employee.
ARTICLE 18. - CALL-BACK PAY
18A When an employee is called back to work by District management without prior notice, and the employee
has completed his or her normal work shift and left the work station, or when prior notice is given but the
work begins on the same day at least three hours after completion of the regular shift, the employee shall
receive a minimum of three hours of call back pay. The three hours minimum,whether or not actually
worked, shall be paid at the rate of one and one half times the regular hourly rate. Employees who are
called back a second time within a normal shift period are considered to be working for the duration of that
shift.
ARTICLE 19. - STANDBY PAY
19.1 Standby is time during which an employee is not required to be at the work location or at the employee's
residence but is required to be available for immediate return to work. Standby assignments shall first be
made on a voluntary basis. A volunteer standby list shall be established by classification and job location.
Standby assignments shall be made from the list of employees who are competent and experienced, in
alphabetical order, on a rotating basis. In the event that no one volunteers, the District shall assign
standby by job classification and work location from employees who are competent and experienced on a
rotational basis.An employee placed on standby shall be compensated at the rate of three hundred forty-
five (345)dollars per week, and shall receive Call Back pay when they are actually called to work.
ARTICLE 20. -INSURANCE
20.1 The District will provide healthcare and welfare insurance benefits.
20.2 All insurance coverage shall become effective on the first day of the month following date of hire,
regardless of hire date. An open enrollment period shall be held annually.
20.3 Medical Reooener The District and OCEA agree to reopen this Agreement at the beginning of the month
following ratification to discuss the transition from Anthem to Blue Shield through California State
Association of Counties—Excess Insurance Authority(CSAC-EIA), or to another carrier directly, and
varied plan design changes in order to mitigate excise taxation in 2018. Potential strategies for
consideration include, but are not limited to, the following: plan design changes to office and specialist
cepays, emergency room copays, plan deductibles and contribution rates, and alternative plan offerings
such as a high deductible health plan with health savings account funding.
20.3.2 The parties agree that any reopener shall be subject to Government Code Section 3505.4 and
case law, including PERB, decisions which interpret that provision.
20.4 Medical Insurance
20.4.1 The District will provide medical health insurance coverage through a Health Maintenance
OCEA—Technical Services MOU July 1, 2014 to June 30,2016
Page 8
Organization (HMO) medical insurance plan and a Preferred Provider Organization (PPO) medical
insurance plan, until such time that the parties agree to changes through the medical reopener in
Section 20.3.
20.4.2 Reoular, full-time employees:
20.4.2.1 The District shall contribute 90%of employee only premiums for the HMO medical
health plan and 80%of employee only premiums for the PPO medical health plan.
The District will contribute 80%of the employee+1 dependent and full family
premiums for the HMO and PPO medical plans, Any change in insurance rates shall
be shared equally in same ratio as the District and employees currently pay
premiums. Before the renewal of any District's sponsored health insurance plan,
the parties agree to meet and confer as to changes in the plan.
205 Life Insurance
The District shall pay the full premium for$50,000 term life insurance on each employee.
20.6 Short Term Disability
The District shall provide a non-work related, short-term disability indemnity plan that provides benefits for
employees equal to California's State Disability Insurance(SDI) program for up to twenty-six(26) weeks
following a fourteen (14)calendar day wailing period.
20.7 Long Term Disability
20.7.1 The District shall provide a non-work related, long-term disability indemnity plan that pays two-
thirds of the employee's rate of pay in effect at the time of such disability, not to exceed
$5,000 per month, up to age 05, following a 90-day waiting period of continuous disability, at
such time that an employee completes five(5) years of service.
20.7.2 For participants age 64 and younger, the maximum period of payment is based on the Social
Security Act retirement age of 65. For participants age 65 and older, the maximum period of
payment is specified. The specified periods and additional information about coverage is
included in the District's long-term disability plan contract accession on the intranet.
20.7.3 No combination of disability or sick leave pay shall result in more than an employee's regular
rate of pay. Employees may not receive short-term and long-term disability benefits at the
same time. An employee who is otherwise not eligible for District paid Long Term Disability
may purchase such coverage at his or her own expense.
20.8 Dental Insurance
The District will contribute 80% of employee only and 80%of full family premiums for dental insurance.
20.9 Vision Insurance
The District shall provide a vision insurance plan for regular, full-lime employees and eligible dependents.
20.10 Retiring Employees
20.10.1 The District shall pay, for employees hired prior to July 1, 1988, two and one-half(2.5) months'
premium for each year of continuous service of a retiring employee towards the premium
costs of coverage for the employee and eligible dependents under the District's medical plan.
20.10.2 In the event the District adds additional optional insurance plans, the District's share of the
premium shall be the same as for existing plans as set forth above. In the event the District
changes underwriters for existing insurance plans, the District's share of the premium shall be
the same as for existing insurance plans as set forth above.
OCEA—Technical Services MOU July 1, 2014 to June 30, 2016
Page 9
20.10.3 The District will continue to implement the retiree medical health premium offset program
wherein the cost of health premiums are offset by$10 per month for every year of continuous
service up to a maximum of 25 years or$250 per month. Employees hired on or after August
1, 2011 shall not be eligible for the retiree medical health premium offset.
ARTICLE 21. - REIMBURSEMENT ACCOUNT
21.1 Section 125 of the Internal Revenue Cade permits employees to use pre-lax dollars to pay for their portion
of the cost of benefits under the Plan through salary redirection arrangements. The options available
under the Flexible benefits program are listed below. This is a brief overview of the different options. For
complete information regarding Flexible Spending Accounts, employees must refer to the plan booklet
available in the Human Resources Department.
21.2 Group Insurance Premiums
Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis.
21.3 Medical Care Reimbursement Account
The purpose of this account is to provide a method through which the employee can accumulate pre-tax
funds in a Medical Care Reimbursement Account for purposes of reimbursing himself or herself for
payment of health care costs not otherwise covered by his or her medical insurance.
21.4 Dependent Care Assistance Account
The purpose of this account is to provide a method through which the employee can accumulate pre-tax
funds in a Dependent Care Assistance Account for purposes of reimbursing himself or herself for
childcare expenses or day care for a disabled dependent.
ARTICLE 22. - OVERTIME
22.1 Employees shall be notified as soon as practicable after the District decides upon the need for overtime or
additional work. The District may require the performance of overtime. In the event no qualified employee
wishes to work overtime, District's management may select employees with the ability to perform the work
by inverse seniority. District managers shall attempt to evenly distribute overtime among employees based
upon an employee's ability to perform the overtime work.
22.2 For the purposes of overtime calculation, all time charged to unscheduled sick leave shall not be counted
as time worked. Pay for overtime time shall not occur until after actual work time of forty(40) hours in a
seven (7) day workweek is reached.
ARTICLE 23. - PROBATIONARY PERIOD
23.1 All new employees serve an initial probationary period beginning with the date of hire and extending to at
least the first day of the pay period following twenty-six(26) weeks of employment without a break in
service. Extended absence without pay, short-term and long-term disability and Workers'Compensation
leave does not provide an opportunity to judge an employees'capability to meet performance expectations
for a position, and thus the time spent on such leaves shall not be included towards completion of the
probationary period and may result in an extension.
23.2 Employees who are rehired following a break in service must complete a new probationary period whether
or not one was previously completed. An employee may be released during his or her Probationary
Period at the discretion of the District without recourse to the Grievance Procedure.
23.3 Employees who are reassigned or laterally transferred will serve a probationary period of twenty-six(26)
weeks. The"probationary period" shall not divest an employee of his/her property rights in his/her former
position. Rejection of probation during this period shall result in the employee reverting to his/her former
assignment and/or position.
OCEA—Technical Services MOU July 1, 2014 to June 30, 2016
Page 10
ARTICLE 24. - PROMOTIONS
24.1 A promotion is the appointment of an employee to another classification with a higher maximum rate of
pay. The District will determine whether a vacant position shall be filled as an open or promotional
opportunity or recruitment. Whenever the District intends to fill a position by promotion, the District shall
post the opportunity for a minimum of ten (10) business days. Employees must apply during the period of
posting, Notices shall be posted on the District's intranet.
24.2 A promoted employee shall serve a promotional probationary period lasting at least until the first day of the
pay period twenty-six(26)weeks after the effective date of the promotion. At any time during the
promotional probationary period, an employee may be returned to his or her previous position. The
promotional probation period may be extended by mutual agreement between the employee and District's
management for up to ninety (90)days. If an employee is promoted during his or her initial probationary
period, the period shall be extended until at least the first day of the pay period twenty-six(26) weeks after
the effective date of the promotion.
24.3 Promoted employees will receive the equivalent of a step increase in pay, not to exceed the top of the
range for the new classification or the minimum rate of the new classification whichever Is greater.
ARTICLE 25. - RETIREMENT
25.1 The District shall continue participation in the Orange County Employees Retirement System (OCERS),
wherein all full-time employees are considered members. The following retirement program is in effect
pursuant to the contract between OCERS and the District.
25.1.1 Employees hired before September 21, 1979: The District will continue to contract with OCERS to
provide the 2.5% @ 55 benefit formula(Plan G) based on the highest consecutive twelve(12)
months average earnings, past and future service.
25.1.1.1 The District will continue to pay 4.5%toward the employee's contribution to OCERS
for those employees who elected to make a one-time decision to remain in the Plan G
program.
25.1.2 Employees hired on or after September 21, 1979 and before August 1, 2011: The District will
continue to contract with OCERS to provide the 2.5% @ 55 benefit formula(Plan H) based on the
highest consecutive thirty-six(36) months average earnings, past and future service.
25.1.2.1 The District will continue to pay 3.5%of an eligible employee's base salary toward the
employee's contributions to OCERS.
25.1.3 Employees hired on or after August 1, 2011 and before January 1, 2013: The District will contract
with OCERS to provide the 1.667% @ 57.5 benefit formula(Plan B)based on the highest
consecutive thirty-six(36) months average earnings, past and future service.
25.1.3.1 The District will pay 0%of an eligible employee's base salary towards the employee's
contribution to OCERS.
25.1.4 Employees hired on or after January 1, 2013: The District will contract with OCERS to provide the
2.5% @ 67 benefit formula (Plan U - PEPRA) based on the highest consecutive thirty-six(36)
months average earnings, past and future service.
25,1.4.1 The District will pay 0% of an eligible employee's base salary towards the employee's
contribution to OCERS.
25.2 All monies actually contributed into the retirement system by an employee shall be deducted from gross
salary for taxation purposes in accordance with Internal Revenue Code provisions.
OCEA—Technical Services MOU July 1, 2014 to June 30, 2016
Page 11
ARTICLE 26. - SHIFT DIFFERENTIAL
26.1 Employees who are regularly assigned to work a night shift that consists of 50%or more of their hours
between 6:00 p.m. and 6:00 a.m. and who actually work that shift shall receive a shift differential of$2.50
per hour.
ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY
27,1 Vacation Leave
27.1.1 Except as otherwise provided, regular full-time employees accrue vacation leave, beginning with
the first day of employment, in accordance with the following schedule:
Years of Service Hours-Biweekly Hours-Annual
In years 0 through 1 3.08 80
In years 2 through 4 3.08 80
In years 5 through 10 4.62 120
In year 11 4.93 128
In year 12 5.24 136
In year 13 5.54 144
In year 14 5.85 152
In year 15 6.16 160
In year 16 6.46 168
In year 17 6.77 176
In year 18 7.08 184
In year 19 7.39 192
In year 20 and over 7.89 200
27.1.2 Part-time employees accrue vacation leave on a pro-rata basis as set forth in District Policy.
27.1.3 Vacation leave begins after an employee has completed twenty-six(26)weeks of continuous
service. After the individual's first twenty-six(26)weeks of service, his or her account will be
credited with 40 hours. After that time, he or she will accrue vacation hours consistent with the
above chart. Vacation leave may only be utilized in increments of one-half hour or more. Vacation
leave Is accrued for all paid hours, including hours actually worked and hours in a paid-leave
payroll status.
27.1.4 When unpaid absences occur, vacation leave accruals will be applied by straight proration of
leave accruals based on the number of hours actually worked, and is applicable to all types of
leave, whether legally protected or not.
27.1.5 Employees may have a maximum accumulation of 200 hours as of the last day of the final pay
period in December of each year. In the event an employee accrues vacation leave in excess of
200 hours, it must be used prior to said December date, all other remaining hours in excess of 200
will be paid to the employee in the first pay period in January at the employee's then current hourly
rate of compensation.
27.2 Sick Leave
27.2.1 Definition,- Sick leave is an insurance or protection provided by the District to be granted to
employees in circumstances of adversity to promote the health and welfare of the individual
employee. It is not an earned right to take time off from work. Sick leave is defined as the
absence from duty of an employee because of a bona fide illness, injury, or pregnancy, or to
OCFA—Technical Services MOU July 1, 2014 to June 30, 2016
Page 12
attend to the illness or injury of a family member as hereinafter defined. Temporary employees
are not entitled to sick leave benefits.
27.2.2 Method-Sick Leave Accrual. Full-time employees hired prior to November 27, 1981, accrue paid
sick leave at the rate of three point five(3.5) hours for each biweekly pay period of continuous
service (ninety-one(91) hours per year). Full-time employees hired on or after November 27,
1981,accrue paid sick leave at the rate of three(3.0)hours for each biweekly pay period of
continuous service(seventy-eight(78)hours per year), beginning with the first day of
employment.27.2.3 Part-time employees accrue sick leave on a pro-rats basis as set forth in
applicable District Policy,
27.2.4 When unpaid absences occur, sick leave accruals will be applied by straight proration for leave
accruals based on the number of hours actually worked, and is applicable to all types of leave,
whether legally protected or not.
27.2.5 Annual Payoff-Employees may elect annually to be paid for any unused sick leave hours accrued
through the end of October at their current hourly rate according to the following payoff schedule
or as specified in a Memoranda of Understanding.
Accrued Sick Leave Hours Rate of Payoff
0-100 0%
101-240 25%
241-560 35%
Over 560(mandatory) 50%
27.2.E Employees who terminate for any reason other than retirement or death shall be compensated for
any accrued and unused sick leave according to the above schedule. Employees who retire or
decease with twenty(20) years or more of service shall be paid at the one hundred percent
(100%) rate for all accrued and unused sick leave. Employees who retire or decease with less
than twenty(20)years of service will be paid at the seventy-five percent(75%) rate for all accrued
and unused sick leave.
27.2.7 Permissible Uses-Sick leave may be applied only to:
A. Absence due to illness, injury or pregnancy of an employee.
B. Absence due to medical and dental office appointments of an employee when approved by
the employee's supervisor.
C. Absence for the care of the employee's father, father-in-law, mother, mother-in-law, brother,
sister, husband, wife, child, grandparent, legal guardian, or any family member with whom the
employee resides,
D. Absence due to a job-related injury.
27.2.8 General Provisions-To qualify for sick leave pay, the employee must notify the District at or in
advance of the time the employee is scheduled to report for duty. Minimum charge to the
employee's sick leave account shall be one-half hour and thereafter in one-half hour increments.
Human Resources and department management shall be responsible for control of abuse of the
sick leave privilege. If notified in advance, the employee may be required, at any time, to furnish a
certificate issued by a licensed physician or nurse, or other satisfactory evidence of illness;
however, for absences of ten consecutive working days or more, a request for leave and a
medical statement, on prescribed forms, stating expected date of return must be submitted to
Human Resources. Upon return to work, a written doctor's release must be submitted to Human
Resources. For absences of one or more working days in an unpaid status, a request for leave
OCEA—Technical Services MOU July 1, 2014 to June 30, 2016
Page 13
and a medical statement, on prescribed forms, stating expected date of return must be submitted
to Human Resources.
If the need for leave is due to the employee's serious health condition, as defined in the Family
and Medical Leave Act("FMLA")or the California Family Rights Act("CFRA"), the certification
requirement shall comply with the provisions of these Acts.
27.3 Jury Duty Leave
27.3.1 Any full-time, including probationary, employee who is called for jury duty shall, upon request on
prescribed forms, be entitled to his or her regular pay for those hours of absence due to
performance of the jury duty for a period up to twenty-two(22)working days.
27.3.2 Prior to jury duty service, each employee must complete a time off request through the District's
timesheet system and provide a copy of the summons to his or her supervisor. To be entitled to
receive regular pay for such jury leave, the employee must report For work at the District for time
not actually retained on jury unless there is less than %of their regular shift remaining.
Employees are not compensated for jury duty occurring on scheduled days off.
27.4 Witness Leave
27,4.1 Any full-time, including probationary, employee, who is required to be absent from work by a
subpoena properly issued by a court, agency or commission legally empowered to subpoena
witnesses,which subpoena compels his or her presence as a witness, except in a matter wherein
he or she is named as a defendant or plaintiff or as an expert witness, shall, upon approval of an
online time off request, be entitled the time necessary to comply with such subpoena, provided
any fees received for such service, exclusive of mileage, are submitted to the District for deposit in
the General Fund of the District.
27.4.2 An employee so subpoenaed must submit a copy of the subpoena to his or her supervisor and
complete an online time off request form in order to be eligible for pay for such absence. To be
entitled to receive regular pay for such witness leave, the employee must report for work at the
District for time not actually retained on witness service of one hour or more prior to and/or upon
completion of each day's service, exclusive of travel time.
27.5 Military Leave
27.5.1 A request for military leave shall be made upon leave-of-absence forms approved by the Human
Resources Department and shall state the date when it is desired to begin the leave-of-absence
and the date of anticipated return. A copy of the orders requiring such military service shall be
submitted with the request.
27.5.2 Provisions of the Military and Veterans Code of the State of California, Sections 395-395.5 shall
govern military leave. In general, current law provides that an employee having one(1) year or
more service with a public entity is entitled to military leave with pay not exceeding thirty (30)days
per year if the employee is engaged in military duty ordered for purposes of active military training
or encampment. An employee who is required to attend scheduled service drill periods or perform
other inactive duty reserve obligations is entitled to military leave without pay, not exceeding
seventeen (17)calendar days per year, although the employee may, at his or her option, elect to
use accrued leave time to attend the scheduled reserve drill periods or to perform other inactive
drill period obligations. Employees who participate in weekend military drill duty are not eligible for
leave with pay for such activity, but may have their regular work schedule changed to
accommodate the required time off.
27.6 Bereavement Leave
27.6.1 Using the online time off request system, any full-time employee, whether probationary or regular,
shall receive a maximum of thirty-six(36) hours of paid time for the death or funeral of an
immediate family member. Immediate family member is defined as the employee's father, step-
father, father-in-law, mother, step-mother, mother-in-law, brother, step-brother, sister, step-sister,
OCEA—Technical Services MOU July 1, 2014 to June 30,2016
Page 14
husband, wife, domestic partner, biological child, adopted child, step-child, child of a domestic
partner, grandchild, grandparent, foster parent, foster child, legal guardian, or any family member
with whom the employee resides.
27.7 Supplemental Leave
27.7.1 Regular full-time employees in the bargaining unit shall be granted Supplemental Leave in
accordance with the following schedule in the first pay period in July:
Years of Service 5-9 10- 14 15-19 20-24 25+
Supplemental Leave Hours 1 5 10 15 20 25
27.7.2 Supplemental Leave will be administered in accordance with the following guidelines:
27.7.2.1 Supplemental Leave may be used in one-quarter(0.25) hour increments.
27.7.2.2 Any unused Supplemental Leave,within the fiscal year granted,will not be carried
over to the next fiscal year.
27.7.2.3 Any unused Supplemental Leave,within the fiscal year granted, is not subject to cash
out or eligible for any mandatory payout.
27.7.2.4 Employees who cease to be part of the bargaining unit for any reason will forfeit any
unused Supplemental Leave.
27.7.2.5 Employees who are hired or transferred into the bargaining unit shall be granted
Supplemental Leave on a pro-rata basis per the following schedule:
Him/Transfer Dale Percent
July—September 100%
October—December 75%
January—March 50%
April—June 25%
ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY
28.1 It is the policy of the District to grant employees leave-of-absences without pay under certain
circumstances and in accordance with state and federal benefit entitlement laws. Except as staled below,
employees shall not receive compensation during an unpaid leave-of-absence, Employees will not be
granted an unpaid leave of absence prior to exhausting all paid leave accrual balances, excluding
employees protected by PDL(Pregnancy Disability Leave)/FMLA(Family and Medical Leave Act)/CFRA
(California Family Rights Act)for their own serious health condition.
28.2 Using the prescribed forms, approved by District management, any full-time, including probationary, or
part-time employees with at least fifty-two(52)weeks of service and at least twelve hundred fifty(1,250)
hours of service, may be granted an FM LA or CFRA leave-of-absence without pay, not to exceed twelve
(12)weeks in a rolling twelve (12) month calendar period. A"rolling"twelve (12)month period is measured
backward from the date the employee uses the leave. A request for leave of absence without pay most be
made upon prescribed forms in all instances where an employee is absent without pay for more than five
(5) consecutive working days, or for absences of ten (10) working days or more when using paid sick
leave accruals.
OCEA—Technical Services MOU July 1, 2014 to June 30, 2016
Page 15
28.3 Substitution of Paid Leave
28.3.1 Employees who request FMLA or CFRA Leave for qualifying purposes other than the employee's
own serious health condition shall be required to use all accruals, before unpaid leave is granted.
Paid time off will not accrue during any pay period that an employee is absent without pay for
more than one(1)day.
28.3.2 Paid time off accruals may be used for the care of the employee's father, step-father, father-in-law,
mother, step-mother, mother-in-law, brother, step-brother, sister, step-sister, husband, wife,
domestic partner, biological child, adopted child, step-child, foster child, legal ward, child of a
domestic partner, grandchild,grandparent, foster parent, legal guardian, or any family member
with whom the employee resides.
28A Permissible Uses
28.4.1 FMLA Leave. FMLA leave may be used for:
28.4.1 A The birth of a child or to care for a newborn of an employee;
28.4.1.2 The placement of a child with an employee in connection with the adoption or foster
care of child;
28.4.1.3 The care for the employee's father, step-father, father-in-law, mother, step-mother,
mother-in-law, brother, step-brother, sister, step-sister, husband, wife, biological
child, adopted child, stepchild, foster child, legal ward, child of a domestic partner,
grandchild, grandparent, legal guardian, or any family member with whom the
employee resides who has a serious health condition, as defined in the Act;
28.4.1.4 The employee's own serious health condition that renders the employee unable to
perform the essential functions of his or her position, including incapacity due to
pregnancy;
28.4.1.5 A qualifying exigency arising out of the fact that an employee's family member is on
covered active duty or called to covered active duty status in the Armed Forces. A
qualifying exigency may include activities such as making arrangements for
childcare, attending counseling relating to the active duty of the service member, or
attending to farewell or arrival arrangements for the service member.
28.4.1.6 The care for the employee's family member or"next of kin" service member of the
United States Armed Forces who has a serious injury or illness incurred in the line
of duty while on active military duty. This leave may consist of up to twenty-six(26)
weeks of unpaid leave during a single twelve (12)month period.
28.4.2 CFRA Leave. CFRA Leave may be used for:
28.4.2.1 The same purposes as FMLA Leave, including the care of a domestic partner or
child of a domestic partner, and shall run concurrently with FMLA leave.
28.4.2.2 CFRA may not be used for 1)an employee's incapacity due to pregnancy,. 2) leave
due to a qualifying exigency, or 3)to care for a family member or next of kin with a
serious injury or illness incurred in the line of duty. However, incapacity due to
pregnancy may entitle an employee to up to four(4)months of pregnancy disability
leave under California's Pregnancy Disability Leave(PDL) law.
28.4.3 General Provisions: Requests for FMLA and CFRA Leave
Where the need for Leave is foreseeable, the District requests thirty (30)days advance notice.
28.4.4 Medical Certification
As a condition of FMLA or CFRA Leave because of a serious health condition, the District may
require certification by the employee's attending physician in accordance with Department of
OCFA-Technical Services MOU July 1, 2014 to June 30, 2016
Page 16
Labor(DOL) regulations,
28.4.5 Medical and Dental Premiums
During FMLA and CFRA Leave, the District shall pay for medical and dental benefits at the
same level as coverage would have been provided if the employee was not or leave. The
employee shall be required to pay his or her share of medical and dental premiums. Failure to
submit a monthly co-payment, in full,within sixty(60) days of the invoice date will result in loss
of group coverage. Coverage will be reinstated upon return to active employment.
28.4.6 Reinstatement
Upon expiration of FMLA or CFRA Leave, the employee shall be reinstated to the same or a
comparable position, unless the employee would not otherwise have been entitled to that
position for reasons unrelated to such leave(e.g„ layoff), in which case the District's obligation
to continue health and dental or other benefits shall cease.
28.4.7 District Employment of Spouses/Domestic Partners
28.4.7.1 FMLA Leave. Married employees shall be limited to a combined total of twelve (12)
weeks FMLA or CFRA Leave in a rolling twelve (12) month calendar period for the
care of a parent or newly born or placed child.
28.4.7.2 CFRA Leave. Married employees and employees in domestic partnerships will be
limited to a combined total of twelve(12)weeks CFRA leave in a rolling twelve(12)
month calendar period for the care of a parent or newly born or placed child.
28.5 General Leave
28.5.1 Employees who have exhausted all paid time off accruals may request to be granted a general
leave-of-absence by District management to attend to personal matters or for FMLA or CFRA
qualifying events after the expirations of previously authorized leave.
28.5.2 During a general leave-of-absence, the employee will be required to pay both the District's and the
employee's share of medical and dental premiums.
28.5.3 Failure to submit a monthly co-payment, in full,within sixty(60) days of the invoice date will result
in loss of group coverage. Coverage will be reinstated upon return to active employment.
26.6 Return to Work Policy
28.6.1 An employee who has been absent from work due to a medical reason may be subject to a
Return-to-Work medical evaluation.
28.6.2 If it is determined that the job demands of the position last held by the employee are not
compatible with the employee's restrictions (with reasonable accommodation if the employee is
disabled within the meaning of the ADA/FEHA)and the employee is willing to return to work,
placement in an alternative position, if available, shall be considered. The employee shall be re-
classified as medically disqualified while alternative positions are being considered. Such time off
shall be without pay; however, the employee may elect to use accrued leave hours, such as
vacation, sick or personal, to receive compensation. Placement of an employee in an alternative
position requires a pre-placement medical evaluation for the alternative job.
28.6.3 If it is determined that the job demands of the position last held by the employee are not
compatible with the employee's restrictions(and cannot be reasonably accommodated if the
employee is disabled within the meaning of ADAIFEHA) and there is not an alternative position, or
the employee's restrictions are not compatible with an alternative position, or the employee is not
willing to return to work, the employee shall be re-classified as medically disqualified and not
permitted to work. Thereafter, the employee shall be retired for disability, if eligible, or dismissed.
Such dismissal will not imply disciplinary action for cause. If requested, the employee's file will
indicate the employee left for personal reasons.
28.6.4 Bridge of Service
OCEA—Technical Services MOU July 1, 2014 to June 30, 2016
Page 17
If an employee is dismissed per Section 28.6.3, and then is rehired to a position within the District
within one(1) year, the District shall bridge the employee's service date. Bridging of service
procedures involve adding the total number of days away from work to the employees original
date of hire.
28.6.5 Failure to Return to Work
If, upon the expiration of FMLA or CFRA Leave, or any District approved extension thereof
including General Leave, an employee fails to return to work and no additional leave has been
authorized, the employee shall be considered to have automatically resigned from his or her
position. In such cases, the employee will receive advance notification of the District's intent to
implement an automatic resignation.
28.7 Compliance with Law
These Leave-cf-Absence provisions shall be interpreted and applied in a manner that is consistent with
the provisions of FMLA, CFRA, ADA and all other laws. In the event there is a direct conflict between
these provisions, as written or applied, the provisions of law shall govern.
ARTICLE 29. -CLASSIFICATION STUDIES
29.1 OCSD will include a representative from OCEA to participate as a partner in the agency-wide classification
and compensation study.
29.2 An employee who believes his/her position is not properly classified may submit a written request to the
Department Director asking that a classification study be conducted. The Department Director will
acknowledge the request in writing and review the request for accuracy, and forward it to the Director of
Human Resources, or designee, for consideration and response. Classification studies will only be
conducted twice a year in November and during the budget process; therefore, classification study
requests shall be submitted October 1"for the November review and according to the Finance budget
schedule. District's management may also conduct classification studies at their discretion to ensure that
the duties and responsibilities of all employees are appropriately allocated within the classification
structure.
29.3 Y-Rating
29.3.1 All classification study findings regarding existing classifications are subject to approval by the
General Manager; findings recommending a new job classification range are subject to approval
by the District's Board of Directors. The recommendations of the classification study shall be
implemented in the first pay period immediately following the completion of the study, unless the
recommendations require action be taken by the Board of Directors prior to implementation. In
such event, the recommendations shall be implemented in the first pay period immediately
following authorization by the Board.
29.3.2 In the event the duties and responsibilities of a position are allocated to a lower paid classification,
the salary of the incumbent of that position shall remain unchanged (Y-rated) in accordance with
the following table.
Years of Service Term of Y-Rate
0-3 1 year
4-5 2 years
6-10 3 years
11-20 4 years
20 or more 5 years
OCEA—Technical Services MOU July 1, 2014 to June 30,2016
Page 18
29.3.3 Y-rating based on the above schedule shall be granted for all reclassifications where employees
are working in a job classification with a lower maximum rate of resulting from changes to the
District's staffing requirements, organizational structure or"bumping"associated with layoffs. Y-
rating shall not apply in cases involving disciplinary actions or voluntary changes to a job
classification with a lower maximum rate of pay.
29.3.4 The Y-rate shall remain in effect until the salary range for the new classification equals or exceeds
the employee's Y-rated salary, or until the term of the Y-rate expires in accordance with the table
above. If the Y-rate expires before the employee's salary falls within the range of the new
classification, the employee shall be placed at the top of the range. Employees become eligible
for merit increases and range adjustments when the Y-rate is no longer in effect.
29.4 Z-Rating
29.4.1 Employees allocated to classifications with a lower range maximum than their current salary as a
result of the District's comprehensive Classification Study results implemented effective July 12,
2002 will have their salary remain unchanged (z-rated) until such time that the range maximum of
their salary range exceeds or equals their current salary.
29A.2 If a position is allocated to a higher paid classification, and the incumbent is promoted to that level,
his or her salary will be placed at the step of the new range that is nearest a one-step increase,
not to exceed the maximum rate of pay.
ARTICLE 30. - DRIVER'S LICENSE
30.1 Employees who are required by the District to drive must notify their supervisor and the Human Resources
Risk Management Division immediately upon receipt of any suspension or revocation of their California
Driver's License privileges. Failure to do so could result in disciplinary action up to and including
separation.
30.2 If an employee whose license is suspended or revoked and is unable to perform his or her regular duties
and responsibilities notifies the District in a timely fashion, an attempt shall be made to place the employee
in an equal or lower level position for which he or she is qualified. Placement in the range of the new
classification is subject to District management's discretion.
30.3 The District will continue to pay the license renewals and physical examination costs of Class A& B
licenses that are specifically required by the District.
ARTICLE 31. - LAYOFF PROCEDURE
31.1 Nothing herein shall be construed to require the District to fill vacant, budgeted positions nor to prohibit the
District from eliminating vacant positions from the budget. The District reserves the right to reassign staff
to other positions in instances involving jab restructuring, reorganization or due to lack of work.
31.2 The layoff procedure outlined below shall be followed if the District finds it necessary to layoff personnel
who were hired after January 1, 2000 and for any layoffs which occur after November 1, 2001
31.3 If, in the sole discretion of District management, personnel reductions are necessary, layoff order and
recall lists shall be developed based upon job classification, priority of function,job performance, individual
qualifications and seniority. The OCEA and employees subject to layoff shall be provided with at least two
weeks notification in writing, whenever passible.
31.4 Employees in classifications subject to layoff may request a voluntary demotion to any previously held
position for which they remain qualified. Such requests must be made in writing to the Human Resources
Department within five(5)days of receipt of the Layoff Notice. The salary of an employee who voluntarily
demotes shall be unchanged, except that it may not exceed the maximum rate of the range for the lower
level classification.
31.5 Recall lists shall be developed for all classifications experiencing personnel reductions, and shall be
maintained for a period of two years from the date of layoff. Individuals shall be placed on the list in the
OCEA—Technical Services MOU July 1, 2014 to June 30, 2016
Page 19
inverse order of layoff, so that the last person laid off is the first recalled. When a vacancy occurs in a
classification for which a Recall list exists, an offer of reemployment shall be made to the individual on the
top of the list. That individual must respond to the offer within five days, or the offer shall be made to the
next person on the list. An individual who either does not respond or refuses three consecutive offers shall
have their name removed from the list.
31.6 All notification and responses must be in writing and delivered either in person or by Certified Mail. It is
the responsibility of all employees to keep the Human Resources Department informed of their current
address, or where they may be contacted.
ARTICLE 32. - LIGHT DUTY
32.1 An employee who is released by a physician to perform limited duties because of a temporary disability
may be assigned to light duty at the discretion of the District. Light duty may consist of duties other than
those normally performed by the employee and that are within the employee's medical restrictions. An
employee assigned to light duty will be paid the regular wage rate for the job classification to which he or
she was assigned prior to being temporarily disabled,
ARTICLE 33. - MEDICAL EXAMINATION
33.1 When there is reasonable evidence to suggest that an employee is impaired in a manner that endangers
their own health or safety, or that of others, the District may require that employee to be examined or
evaluated by a health care provider. The purpose of such examination must be job related. Any
examination under this provision shall be conducted on District time and at District expense. An employee
may submit an independent medical opinion regarding the individual's condition and addressing his or her
ability to competently perform the duties of the position. This information shall be reviewed and
considered by a competent medical authority in arriving at a decision regarding the individual's continued
employment in the position.
ARTICLE 34. - MILEAGE ALLOWANCE
34.1 Approved use of a personal vehicle for District business shall be reimbursed at the current IRS rate.
ARTICLE 35. - ACTING PAY
35.1 Employees who are assigned by District management to perform the duties of a position at a higher level
for a period of at least eighty (80)consecutive hours shall be eligible for a one step salary increase, or the
first step of the range for the higher level classification, whichever is greater. The higher rate of pay begins
with the hour eighty-one(81), and continues until the assignment ends or the six (6)month limitation has
been reached at which time a determination will be made as to whether the position should or should not
be posted. Requests for acting pay require the approval of the Department Director and the Director of
Human Resources,or designee. The eighty(80) hour eligibility period may be waived at the discretion of
the General Manager.
ARTICLE 36.
(This Article intentionally left blank.)
ARTICLE 37. - PERSONNEL FILES
37A Employees have the right to inspect their personnel file in the Human Resources Department during the
normal office hours of the Human Resources Department, by appointment. Employees who wish to correct
allegedly erroneous information in their file, or request that items related to disciplinary matters be
removed after the indicated time period has elapsed, should submit a request in writing to the Director of
Human Resources, or designee. It is the responsibility of each employee to keep the personal information
in his or her file current, including home address, telephone number and person to contact in an
emergency.
OCEA—Technical Services MOU July 1, 2014 to June 30, 2016
Page 20
ARTICLE 38. -BULLETIN BOARDS
38.1 The OCEA may use the bulletin boards located at Plant 1 and Plant 2, which are designated for use by
employee groups to post notices to District employees, provided that: (a) no controversial matter which is
critical of or derogatory to the District, its employees, officers or Directors may be posted; (b) nothing
posted by the District may be removed; (c)the OCEA shall remove its notices after a reasonable length of
time; and (d)only a reasonable number of notices shall be posted.
ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS
39.1 A maximum of three(3)employees covered by this Agreement and appointed by the OCEA shall be
granted reasonable release time for attending meet and confer sessions at the bargaining table. Release
time shall not be compensated for any hours that exceed the employee's regularly scheduled hours of
work.
39,2 The OCEA shall provide the Director of Human Resources, or designee,with the names of employees
requiring meet and confer release time in advance of the meet and confer session. The release time shall
be granted provided that the needs of the District permits the time away from assigned work.
ARTICLE 40. - USE OF DISTRICT FACILITIES
40.1 District facilities may be used by the OCEA with prior notice to the Director of Human Resources, or
designee, for the purpose of holding meetings, to the extent that such use does not interfere with normal
District operations. The OCEA agrees to pay for the cost of any additional custodial or security services.
ARTICLE 41. - SCOPE OF BARGAINING
41.1 The District and the OCEA acknowledge that during the negotiations, which resulted in this Agreement,
each party had the unlimited right and opportunity to make demands and proposals with respect to all
proper subjects within the scope of representation. Therefore,the District and the OCEA, for the term of
this Agreement, except as otherwise provided herein, each voluntarily and unqualifiedly waive the right,
and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or
matter contained in this Agreement.
ARTICLE 42. - IMPASSE PROCEDURES
42.1 If either the District or OCEA declares that an impasse exists in the meet and confer process, the parry so
declaring may initiate the impasse procedure by providing the other party with a written request for an
impasse meeting, together with a statement of its position on all issues. An impasse meeting shall be
scheduled and held between the parties within fourteen (14) calendar days or as soon as practicable to:
42.2 Review the position of the parties in a final effort to reach agreement on a memorandum of understanding,
and if the impasse is not resolved, to discuss the immediate utilization of impasse procedures outlined
herein.
43.3 Impasse Procedures are:
43.3.1 Mediation: If the parties mutually agree to submit the dispute to the State Mediator and
Conciliation Service, all mediation proceedings shall be private and occur as soon as practicable.
The mediator shall make no public recommendation, nor take any public position at any time
concerning the issues.
43.3.2 Fact-Finding: If the parties fail to resolve the dispute through mediation, the parties may agree to
submit the impasse to fact finding as soon as practicable, The cost of a fact finder and other
mutually incurred costs shall be mutually shared by the District and OCEA.
43.3.3 Board Actions: If the parties fail to resolve the impasse, the dispute shall be sent to the District's
Board of Directors for resolution. Each party shall submit its written proposal on all issues to the
OCEA—Technical Services MOU July 1, 2014 to June 30, 2016
Page 21
Board. The Board may take such action to resolve the impasse as it deems appropriate to the
public interest. Any action taken by the Board to resolve the impasse shall be final and binding.
ARTICLE 43. - SEVERABILITY
43.1 Notwithstanding any other provisions in this Agreement, in the event that any article, section or subsection
of this Agreement shall be declared invalid by any court or by any state or federal law or regulation, or
should a decision by any court or any state or federal law or regulation diminish the benefits provided by
this Agreement, or impose additional obligations on the District, the District and OCEA shall meet and
confer on the affected article, section or subsection. In such event, all other articles, sections or
subsections of this Agreement not affected shall continue in full force and effect.
ARTICLE 44. - UNIFORMS
44A The District shall provide and maintain ten(10) uniform pants and shirts,which may include the name of
the employee and District's seal, at no cost to employees whose duties require that they wear uniforms.
The District will also provide lab coats as required by the lab manager.
44.2 All employees who are issued uniforms must wear them during the performance of their regular duties.
Other clothing appropriate to the occasion, as determined by District management, may be worn when
attending business meetings. Failure to wear required clothing, shoes and safety equipment may be
cause for disciplinary action.
ARTICLE 45. - SUBSTANCE ABUSE POLICY
45.1 The District's Substance Abuse Policy will apply to all unit members. The District may adopt or implement
rules, regulations and policies to be in compliance with federal and state laws. In such cases, notification
will be provided to the bargaining unit prior to implementation.
45.2 Department of Transportation (DOT) Regulations
45.2.1 Every driver who operates a commercial motor vehicle in interstate or intrastate commerce,
and is subject to the commercial driver's license requirements of the Department of
Transportation, Federal Highway Administration CFR Part 382 is subject to the District's Anti-
Drug and Alcohol Program. The District will ensure that all alcohol or controlled substances
testing conducted under the Substance Abuse and Alcohol Misuse Plan complies with the
procedures set forth in CFR Part 40.
45.3 District's Substance Abuse Policv
45.3.1 Any employee may be subject to discipline, up to and including termination, for any alcohol
screen test that indicates an alcohol concentration level of 0.02%or greater.
ARTICLE 46. - DUES DEDUCTIONS
46.1 The District shall deduct from each regular paycheck and remit to OCEA the dues, initiation fees and
assessments for each employee who voluntarily authorizes such deduction in writing. Such authorizations
must be filed by the end of the pay period prior to the period for which the deduction is requested.
46.2 The District shall provide the OCEA a quarterly list of the names of those employees for whom it has made
deductions. In addition, the District shall provide the names and addresses of new employees and the
names of employees who have terminated within the previous quarter.
ARTICLE 47.
(This Article intentionally left blank)
OCEA—Technical Services MOU July 1, 2014 to June 30, 2016
Page 22
ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES
45.1 During the term of this Memorandum, or any subsequent period when impasse resolution procedures are
in progress or recommendations resulting from such procedures are being considered by the parties, the
District agrees it shall not lockout employees in this bargaining unit, and OCEA agrees that it shall neither
advocate, encourage or participate in any strike, including sympathy strike, or work stoppages, nor
encourage employees to refrain in whole or in part from the full, faithful and proper performance of their
duties of employment.
ARTICLE 49.
(This Article intentionally left blank)
ARTICLE 50. - WORKPLACE VIOLENCE AND WEAPONS POLICY
50A The District's Workplace Violence and Weapons Policy will apply to all unit members.
ARTICLE 51. - RESIGNATION
51.1 Voluntary written termination of employment with the District is irrevocable after seventy-two(72) hours
from the receipt of the resignation, except by approval of the Director of Human Resources, or designee.
ARTICLE 52.
(This Article intentionally left blank)
ARTICLE 53. - LABOR MANAGEMENT COMMITTEE
53.1 Orange County Employees Association (OCEA)and the Orange County Sanitation District(OCSD) hereby
agree to meet within two (2) months from the OCSD Board approval of this MOU to discuss the structure
and process of a Labor Management Committee at OCSD. Absent mutual agreement regarding the
structure and process of a Labor Management Committee, the parties will defer discussions to the time
when a successor MOU is raised.
OCEA—Technical Services MOU July 1, 2014 to June 30,2016
Page 23
SIGNATURE PAGE
2014-2016
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FORTHE
TECHNICAL SERVICES UNIT
Executed:
OCEA TECHNICA ERVICES UNIT ORANGE COUNTY SANITATION DISTRICT
-. i
ZI_ ;
So Gutierrez, Labor Relat ns Representative Steve Filarsky, Chief Negotiator
,,'-<0s1hua ffoudreiux, Labor Relations James Herberg, General Manager
Repress five
Deon apricb, SourffCcintrol In$r
r II Robert P. Ghirelll, Assistant General Manager
Richard Spencer, Human Resources Manager
Andrew Nau, Principal Human Resources
Analyst
Stephanie Good, Human Resources Analyst
OCEA-Technical Services MOU July 1, 2014 to June 30, 2016
Page 24
Exhibit A
TECHNICAL SERVICES UNIT
Effective Effective
Pay 11-Ju1-14 10Jul-15
Classification Grads MIN MA% MIN I MAX
Data Management Technician II 75 WAS $49,17 $41.26 $50.15
Source Control Inspector II 73 $38.48 $46 79 $39.25 547.73
Data Management Technician 1 71 $36,63 $44.52 $37,36 545.41
Source Control Inspector 1 69 $34.89 $42.41 $35.59 543.26
Information Technology Technician II 65 $31.60 $38.40 $32.23 $39.17
Environmental Technician 61 $28,62 $34.19 $29.19 $35.49
Information Tecnology Technician l 61 $28.62 $34,79 $29.19 $35.49
Laboratory Assistant 57 $2594 1 $31.54 $26.48 1 $32.1]
OCEA-Technical Services MOU July 1, 2014 to June 30, 2016
Page 25
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
ENGINEERING UNIT
July 1, 2014 through June 30, 2016
TABLE OF CONTENTS
ARTICLE1. - RECOGNITION................................................................................................................................1
ARTICLE2. -DURATION.......................................................................................................................................1
ARTICLE 3. -SUCCESSOR AGREEMENT................_.........................................................................................1
ARTICLE 4. -OCEA ACCESS...............................................................................................................................1
ARTICLE 5.-OCEA RIGHTS.................................................................................................................................1
ARTICLE 6.-DISTRICT RIGHTS........................................................................................................................12
ARTICLE 7.- NONDISCRIMINATION IN EMPLOYMENT....................................................................................2
ARTICLE B.-SMOKE-FREE WORK ENVIRONMENT.........................................................................................2
ARTICLE9.-SAFETY...........................................................................................................................................2
ARTICLE 10. -DISCIPLINE AND DISMISSAL......................................................................................................3
ARTICLE 11. -GRIEVANCE PROCEDURE..........................................................................................................4
ARTICLE 12. -PROBLEM SOLVING PROCEDURE............................................................................................5
ARTICLE 13. -SALARY ADJUSTMENTS AND COMPENSATION.....................................................................5
ARTICLE 14. -SEVERANCE PAY.........................................................................................................................6
ARTICLE 15. -DEFERRED COMPENSATION.....................................................................................................7
ARTICLE16. -HOLIDAYS.....................................................................................................................................7
ARTICLE17.-HOURS OF WORK.......................................................................................................................8
ARTICLE 18. -CALL-BACK PAY..........................................................................................................................B
ARTICLE 19.-STANDBY PAY..............................................................................................................................S
ARTICLE 20.-INSURANCE.................................................................................................................................S
20.3 MEDICAL INSURANCE................................................................................................................................9
20.4 LIFE INSURANCE.......................................................................................................................................9
20.5 SHORT TERM DISABILITY..........................................................................................................................9
20.6 LONG TERM DISABILrrY............................................................................................................................9
20.7 DENTAL INSURANCE...............................................................................................................................10
20.8 VISION INSURANCE.................................................................................................................................10
20.9 RETIRING EMPLOYEES............................................................................................................................10
ARTICLE 21.-REIMBURSEMENT ACCOUNT..................................................................................................10
21.2 GROUP INSURANCE PREMIUMS...............................................................................................................10
21.3 MEDICAL CARE REIMBURSEMENT ACCOUNT............................................................................................10
21.4 DEPENDENT CARE ASSISTANCE ACCOUNT..............................................................................................10
ARTICLE 22.-OVERTIME........................................................................................................................I..........11
ARTICLE 23.-PROBATIONARY PERIOD............................_..................................................I........................10
ARTICLE 24.-PROMOTIONS.............................................................................................................................11
ARTICLE 25.-RETIREMENT..............................................................................................................................11
ARTICLE 26.-SHIFT DIFFERENTIAL................................................................................................................12
ARTICLE 27.-LEAVE-OF-ABSENCE WITH PAY..............................................................................................12
27.1 VACATION LEAVE ...................................................................................................................................12
27.2 SICK LEAVE...........................................................................................................................................13
27.3 JURY DUTY LEAVE..................................................................................................................................14
27.4 WITNESS LEAVE.....................................................................................................................................14
27.5 MILITARY LEAVE.....................................................................................................................................15
27.6 BEREAVEMENT LEAVE............................................................................................................................15
27.7 SUPPLEMENTAL LEAVE...........................................................................................................................15
ARTICLE 28.-LEAVE-OF-ABSENCE WITHOUT PAY......................................................................................16
28.3 SUBSTITUTION OF PAID LEAVE................................................................................................................16
28.4 PERMISSIBLE USES................................................................................................................................16
28.5 GENERAL LEAVE....................................................................................................................................17
28.6 RETURN TO WORK POLICY.....................................................................................................................18
28.7 COMPLIANCE WITH LAW..........................................................................................................................18
ARTICLE 29.-CLASSIFICATION STUDIES.......................................................................................................16
ARTICLE 30.-DRIVER'S LICENSE....................................................................................................................19
ARTICLE 31.-LAYOFF PROCEDURE...............................................................................................................20
ARTICLE 32.-LIGHT DUTY................................................................................................................................20
ARTICLE 33.-MEDICAL EXAMINATION...........................................................................................................20
ARTICLE 34.-MILEAGE ALLOWANCE.............................................................................................................21
ARTICLE 35.-ACTING PAY...............................................................................................................................21
ARTICLE36..........................................................................................................................................................21
OCEA-Engineering MOU July 1, 2014 to June 30, 2016
Pagel
ARTICLE 37. -PERSONNEL FILES....................................................................................................................21
ARTICLE 38.- BULLETIN BOARDS..................................................................................................................21
ARTICLE 39. -RELEASE TIME FOR MEET AND CONFER SESSIONS..........................................................21
ARTICLE 40. -USE OF DISTRICT FACILITIES..................................................................................................21
ARTICLE 41. -SCOPE OF BARGAINING...........................................................................................................21
ARTICLE 42. -IMPASSE PROCEDURES...........................................................................................................22
ARTICLE 43. -SEVERABILITY...........................................................................................................................22
ARTICLE44. -UNIFORMS..................................................................................................................................22
ARTICLE 45. -SUBSTANCE ABUSE POLICY...................................................................................................22
ARTICLE 46. -DUES DEDUCTIONS...................................................................................................................23
ARTICLE47..........................................................................................................................................................23
ARTICLE 48.-PEACEFUL RESOLUTION OF DISPUTES................................................................................23
ARTICLE49..........................................................................................................................................................23
ARTICLE 60. -WORKPLACE VIOLENCE AND WEAPONS POLICY...............................................................23
ARTICLE 51.-RESIGNATION ............................................................................................................................23
ARTICLE52..........................................................................................................................................................23
ARTICLE 53.-LABOR MANAGEMENT COMMITTEE........................................................................23
SIGNATUREPAGE..............................................................................................................................................24
EXHIBITA.............................................................................................................................................................25
OCEA-Engineering MOU July 1, 2014 to June 30, 2016
Page ii
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
ENGINEERING UNIT
In accordance with the provisions of California Government Code Sections 3500, at seq., and Resolution No. 75-127
of the Joint Board of Directors, the District's authorized representative has met and conferred in good faith with
representatives of the Orange County Employees Association (OCEA) for the Engineering Unit. These meetings
have resulted in an agreement and understanding to recommend that the employees represented by OCEA accept
these terms and conditions, and that the Board of Directors adopt by Resolution the changes and additions to the
wages, hours, and conditions of employment for the employees represented by OCEA as set forth in this Agreement.
ARTICLE 1. - RECOGNITION
1.1 This Agreement, effective July 1, 2014, is entered into between the Orange County Sanitation District,
referred to hereinafter as the"District,"and the Orange County Employees Association, referred to
hereinafter as"OCEA"
1.2 The District recognizes the Orange County Employees Association as the exclusive recognized employee
organization for matters within the scope of representation for the following classifications, as set forth in
Exhibit"A" (attached hereto and incorporated by reference), as well as additional classes as may be
added hereafter by the District.
ARTICLE 2. - DURATION
2.1 This Agreement shall be binding on the District and OCEA,when approved and adopted by the District's
Board of Directors. This Agreement shall terminate on June 30, 2016, This Agreement shall act as a bar
to the raising of the question of representation during its term,except that the question of representation
may be raised during the period between sixty(60)and ninety(90) days prior to its expiration.
ARTICLE 3. - SUCCESSOR AGREEMENT
3.1 The Group shall submit in writing its initial proposal for a successor agreement prior to the expiration date
of this Agreement.
ARTICLE 4. - OCEA ACCESS
4A An OCEA Representative shall have access to the District's facilities during working hours for the purpose
of assisting Unit employees in processing grievances or investigating matters arising out of the application
of provisions of this Agreement. The OCEA Representative must obtain authorization for each visit in
advance from the Director of Human Resources, or designee.
4.2 The OCEA shall provide the Director of Human Resources, or designee, with a list of Representatives who
are authorized to request access under this article, and shall notify the Director of any changes in that list.
4.3 OCEA access shall not interfere with the District's operations, or with the work of employees in any
manner. The District reserves the right to restrict access in certain areas designated as confidential or
secure.
ARTICLE 5. - OCEA RIGHTS
5.1 The OCEA may designate employees to act as representatives for employees covered by this Agreement.
The OCEA shall furnish the Director of Human Resources, or designee with the names of employees
OCEA—Engineering MOU July 1, 2014 to June 30, 2016
Page 1
selected as representatives and shall update the list as necessary. An alternate representative may be
designated to act in the absence of the regular representative. Employees not listed on the roster of
representatives provided to the District by the OCEA may not act as representatives.
5.2 Representatives shall not perform non work-related duties on work time without the prior approval of their
immediate supervisor. Neither the District nor the OCEA shall interfere with, intimidate, restrain, coerce or
discriminate against employees because of the exercise or non-exercise of their rights to engage in OCEA
activity.
ARTICLE 6. - DISTRICT RIGHTS
6.1 District inherent rights, powers, functions, duties, responsibilities and authority related to a managerial or
administrative character are reserved to the District in its exercise of management decision-making,
except as specifically modified by the express provisions of this Memorandum. District rights include, but
are not limited to, the exclusive right to consider the merits, necessity or organization of any service or
activity provided by law, or administrative order; determine the mission of its constituent departments,
commissions and boards; set standards of service, determine the procedures and standards of selection
for employment and promotion; establish and implement performance standards; direct its employees;
take disciplinary action for proper cause; layoff employees from duty because of lack of work or lack of
funds; maintain the efficiency of District operations; determine the methods, means and personnel by
which District operations are to be conducted; determine the content of job classifications; classify and
reclassify positions; lake all necessary actions to carry out its mission in emergencies; and exercise
complete control and discretion over its organization and the technology of performing its work.
6.2 District retains all authority and rights conferred on it by law, or other legal sources,except to the extent
that such authority is explicitly waived by the express terms of this agreement. District exercise of its
management rights hereunder shall not be subject to appeal or meeting and conferring, however, that the
exercise of such rights does not preclude OCEA from appealing or meeting and conferring the practical
consequences or impacts that District decisions have on wages, hours, and other terms and conditions of
employment.
ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT
7.1 There shall be no unlawful discrimination in the application of the provisions of this Agreement with regard
to race, color, religion, national origin, ancestry, sex, sexual orientation, or veteran status. To the extent
required by law or by the District's rules or regulations, this provision of the Agreement shall be applied to
all members of the unit without regard to marital status, handicap, medical condition, status as a disabled
veteran, age or citizenship.
ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT
6.1 The District endorses and supports the right of all employees to work in a healthy and safe environment
free of recognized hazards. In view of the hazards associated with smoking and the potentially harmful
effect it has on the health and well being of District employees and their families, smoking is not
acceptable within District facilities, and may occur only in areas posted for smoking.
ARTICLE 9. - SAFETY
9.1 It is the duty of the District to provide and maintain a safe place of employment. OCEA shall cooperate by
encouraging all employees covered by this Agreement to perform their work in a safe manner. It is the
duty of all employees covered by this Agreement, in the course of performing their assigned duties, to be
alert to unsafe practices, equipment, and conditions, and to follow the safety regulations and requirements
of the District, and to report any unsafe practices or conditions to their immediate supervisors. An
employee shall not be required to perform work that is unsafe.
OCEA—Engineering MOU July 1, 2014 to June 30, 2016
Page 2
ARTICLE 10. - DISCIPLINE AND DISMISSAL
10.1 Discipline may occur when any of the following actions are taken for just cause with respect to any
employee in the unit: verbal reprimand, written reprimand, suspension without pay; reduction in pay,
demotion to a classification with a lower maximum rate of pay or dismissal.
10.2 Dismissal, for purposes of this Article, is the separation of a non-probationary employee initiated by the
District for just cause.
10.3 A Notice of Intent is not required when the disciplinary action involves a verbal reprimand or written
reprimand.
10A A Notice of Intent is required and will be given to an employee whenever the disciplinary action involves a
suspension without pay, a reduction in pay, a demotion to a classification with a lower pay grade, or
dismissal. The notice will be given to the affected employee either by delivery in person or by Certified Mail
sent to the employee's last known address. Such personal delivery or mailing shall be presumed to
provide actual notice to the affected employee. The Notice of Intent shall indicate the date on which it was
personally delivered or deposited in the mail,which shall be the date of issuance.
10.5 The Notice of Intent shall contain the following: (1) a description of the disciplinary action intended and the
effective date of the action; (2)the reasons for the proposed action;(3)a copy of the charges and materials
upon which the action is based; and, (4) a statement of the employee's right to respond, either verbally or
in writing to the person initially imposing the discipline or to a District management representative with
authority to make an effective recommendation on the proposed action, the person to whom any response
must be directed, and the fact that such response must be received within ten (10)business days of the
date of issuance of the notice. The Notice shall also advise the employee of his or her right to
representation.
10.6 Prior to the effective date of the proposed disciplinary action, the employee shall be given an opportunity
to respond either verbally or in writing to a management representative with authority to make an effective
recommendation on the proposed action. After review of an employee's response, the District shall notify
the employee in writing of the action that shall be taken. Such action may not involve discipline more
severe than that described In the Notice of Intent; however, the District may reduce discipline without
further notice. Further clarification of the disciplinary policies and procedures are covered in the District's
Personnel Policies 8 Procedures Manual.
10.7 Dismissal shall be preceded by at least one(1)written reprimand,except in those situations in which the
employee knows or reasonably should have known that the performance or conduct was unsatisfactory.
Such performance or conduct may involve, but is not limited to, dishonesty, possession, use, sale or being
under the influence of drugs or alcohol, theft or misappropriation of District property or funds, fighting on
the job, insubordination, acts endangering people or property,or other serious misconduct. The District
may substitute documented suspensions without pay for written reprimands.
10.8 If a Notice of Intent is upheld and the disciplinary action is imposed, the employee may request a post-
disciplinary hearing. The request must be submitted to the Director of Human Resources, or designee,
within ten If 0)business days following the effective date of the disciplinary action (for suspensions, the
effective date shall be the first business day following the final day of the suspension). The Director of
Human Resources,or designee, shall schedule a post disciplinary hearing with the General Manager or a
hearing officer selected by the General Manager. The hearing officer may not be an employee of the
District. The hearing officer will provide a written, advisory decision to the General Manager. The General
Manager may uphold the disciplinary action that has been taken or may reduce such discipline without the
issuance of a further Notice of Intent. The decision of the General Manager shall be final.
10.9 Disciplinary action Documentation shall be placed in an employee's personnel file in the Human Resources
Department. Documentation regarding verbal and written reprimands may be removed from an
employee's personnel file twenty-four(24) months subsequent to the date of issuance, provided that there
has been no recurrence of a similar incident during the period. If the Director of Human Resources, or
designee, agrees to remove disciplinary action documentation from an employee's personnel file, such
documentation shall be retained in a separate file by the Human Resources Department for the purpose
of showing that progressive discipline has been followed or in support of the District's proposed discipline.
OCEA—Engineering MOU July 1, 2014 to June 30,2016
Page 3
10.10 Verbal reprimands and written reprimands may only be reviewed under this Agreement through the
Problem Solving Procedure. Nothing in this article shall be construed as a waiver of any statutory or
constitutional rights.
10.11 A reduction in pay or demotion to a classification with a lower pay grade that is not a result of performance
deficiencies (for example, reclassifications, "bumping"associated with layoffs, reasonable
accommodation)shall not be considered discipline.
ARTICLE 11. - GRIEVANCE PROCEDURE
11.1 A grievance is any complaint that management has violated a specific provision of this Agreement, except
that, in accordance with Article 10 above, discipline which requires a Notice of Intent may not be reviewed
under this Grievance Procedure.
11.2 A grievance may be brought to the attention of the District by an individual employee within the Unit or by
the OCEA. The District may not bring a grievance through this procedure. Grievances brought by two(2)
or more employees, and concerning the same incident, issue,or course of conduct, or multiple grievances
brought by the same employee may, upon mutual agreement of the District and the OCEA, be
consolidated for the purposes of this procedure.
11.3 An employee may be self-represented or be represented by the OCEA at all steps of the Grievance
Procedure, unless specifically agreed otherwise by the OCEA and the employee. The District shall
provide a copy of all written grievance settlements to the OCEA. Any reference to days in this article
implies business days.
11.3.1 Step 1. An employee will submit his/her complaint in writing to his/her immediate supervisor or
designee within five (5) days of the occurrence of the event giving rise to the complaint, or within
five (5)days from the time that the employee became aware of such event. The supervisor, or
designee, shall attempt to resolve the issues surrounding the complaint, and respond in writing to
the employee within five (5) days.
11.3.2 Step 2. If the grievance is not settled at Step 1, it may be submitted in writing to the employee's
Division Manager, or designee. This request for formal review must be presented on a form
provided by the District within five(5)days of the conclusion of Step 1. A copy of each written
communication on a grievance will be fled with the Director of Human Resources, or designee.
The written grievance must:
a) Identify the specific management act to be reviewed;
b) Specify how the employee was adversely affected,
c) List the specific provisions of the MOU that were allegedly violated and state how they were
violated;
d) Specify the remedy requested; and
e) Provide the date of attempts at informal resolution and the name of the supervisor or individual
involved.
11.3.2.1 The Division Manager, or designee, shall respond in writing to the employee within ten
(10)days after the date the grievance is received.
11.3.3 Step 3. If a grievance is not settled under Step 1 or 2, it may be presented to the employee's
Department Director, or designee, for review and written response. The request for formal review
must be presented on a form provided by the District within five(5)days of the conclusion of Step
1 or 2, and must contain the information specified in Step 2 above. A copy of each written
communication on a grievance will be filed with the Director of Human Resources, or designee.
The employee's Department Director, or designee, shall respond in writing to the employee within
ten If 0) days after the sate the grievance is received.
OCEA-Engineering MOU July 1, 2014 to June 30, 2016
Page 4
11.3.4 Step 4. If the grievance cannot be resolved under Step 3, it may be presented to an Assistant
General Manager, or designee, within five(5)days from the date the Step 3 finding was issued.
The Assistant General Manager, or designee, shall respond in writing to the employee within ten
(10)days after the date the grievance is received.
11.3.5 Step 5. Appeal to the General Manager, or designee, is the final step in the Grievance Procedure.
If the grievance cannot be resolved under Step 4, it may be presented to the General Manager, or
designee, within five(5)days from the date the Step 4 finding was issued. The General Manager,
or designee, shall respond in writing to the employee within ten(10) days after the date of the
grievance is received.
11.4 General Provisions: An employee shall be given reasonable time off without loss of pay to present and
process a grievance. If an employee is represented by the OCEA, the OCEA may designate one
employee to present and process the grievance. The employee representative shall be given reasonable
time off without loss of pay to perform this responsibility, Absence from work shall be approved only if it
does not cause disruption to District operations. However, if the time requested cannot be provided, an
alternate time shall be arranged.
11.4.1 Failure of a management representative to respond within the appropriate time limit shall provide a
basis for the employee appealing to the next step. If a grievance is not presented or appealed
within the time limits, it shall be considered resolved on the basis of the preceding response. The
Director of Human Resources, or designee, may be petitioned in writing to waive the step or time
requirements provided sufficient cause exists.
11 4.2 Resolution may be agreed upon at any stage of the grievance process. However, the OCEA shall
be notified prior to the resolution of any formal grievance matter.
ARTICLE 12. - PROBLEM SOLVING PROCEDURE
12.1 Employees may bring problems to the attention of District managers through the Problem Solving
Procedure. This Procedure was developed to encourage and facilitate the resolution of employee
concerns in a responsive and fair manner, and may be used to attempt to resolve issues that may not be
subjected to the Grievance Procedure. Any reference to days in this article implies business days.
12.2 Employees should discuss concerns regarding issues that are not grievable with their supervisor as soon
as possible. The supervisor shall review the situation or decision, and provide a written response within
five days from the date they were notified of the problem.
12.3 If the problem is not resolved to the employee's satisfaction, the employee may file a written statement
concerning the problem with the Director of Human Resources, or designee, within ten (10)days of receipt
of the supervisor's decision. Upon request of either party, a meeting shall be held to define issues and
establish the remedies sought. The employee shall be provided a written response within ten It 0)days
after his or her statement is received. Time limits may be extended for cause upon mutual consent of the
parties, and the decision of the Director of Human Resources, or designee, is final.
ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION
13.1 Each pay grade is divided into five(5) steps, with an approximate 5.0%difference between each step.
13.2 Pay increases will only apply to eligible employees in an active payroll status on the effective date of
implementation. Eligible employees will not receive retroactivity if active payroll status becomes effective
after the date of implementation.
13.3 Merit Pay
13.3.1 Step Increase Pay—Bargaining unit employees will be eligible for Step Increase Pay based upon
receipt of year-end performance appraisal ratings issued by the assigned supervisor. Step
Increase Pay will be paid according to the following:
OCEA—Engineering MOU July 1, 2014 to June 30, 2016
Page 5
13.3.1.1 Eligible-Employees must have a proficient year-end performance appraisal to receive a
one(1)step base-building salary increase until earning placement at step five(5).
13.3.1.2 Ineligible- Employees who are placed on a Performance Improvement Plan (PIP)due to
a needs improvement performance review on the year-end appraisal or who are on a PIP
at the time of the year-end appraisal period will remain at their current step until the PIP
is satisfactorily completed.
13.3.1.3 Performance Management Program: The performance management program includes
three(3) rating categories(exceeds, proficient, needs improvement)for performance
appraisals.
13.3.2 Development Pav—Employees under this Agreement will be eligible for Development
Pay Development Pay Is a non-base building pay type that will be distributed in a lump-sum
amount each pay period. Employees must have a proficient year-end performance appraisal to be
eligible for the following Development Pay types:
• Education— Eligible employees who obtain or who have obtained a degree of approved
subjects at an accredited college or university will receive$20.76 per pay period for an
associate degree and $41.53 per pay period for an undergraduate degree. The maximum
amount of Education pay is fixed at$41.53 per pay period.
• Certification/License—Eligible employees who obtain or who have obtained a District
approved certification or license will receive$7.62 per pay period per certificate or license with
a maximum of three(3)certificates and/or licenses. The maximum amount of
certificationflicense pay for any combination of certificates andlor licenses is fixed at$22.86
per pay period.
13.3.2.1 The overall maximum Development Pay for education, certification and/or licenses is
fixed at$64.39 per pay period.
13.3.2.2 Employees who are placed on a PIP due to a needs improvement performance review
on the year-end performance appraisal are not eligible for Development Pay until the
PIP is satisfactorily completed.
13.3.2.3 Employees who are placed on a PIP due to needs improvement performance outside
the year-end appraisal will have all Development Pay suspended until the PIP is
satisfactorily completed. The return of Development Pay will not be retroactive.
13.4 Salary Range Adjustments
13.4.1 Effective the first pay period in July 2014, employees under this Agreement will receive salary
range adjustments at a flat rate of 2.0%.
13.4.2 Effective the first pay period in July 2015, employees under this Agreement will receive salary
range adjustments at a flat rate of 2.0%.
ARTICLE 14. - SEVERANCE PAY
14.1 Employees are expected to give a minimum of two(2)weeks written notification when terminating
employment with the District. Except for disciplinary cause, when a full-time employee is terminated by
action of the District, the employee shall be notified in writing two(2)weeks prior to the effective
separation date. In the event the District does not give such notification,the employee shall be entitled to
severance pay in accordance with the formula set forth below:
14.1.1 Full-time, regular employees shall be entitled to eight(8) hours pay for each full calendar month of
continuous employment not to exceed one hundred sixty (160) hours pay.
14.1.2 Employees in limited term or part-time positions, probationary employees and employees who are
separated for cause,are not eligible for severance pay under any circumstances.
OCEA—Engineering MOU July 1, 2014 to June 30, 2016
Page 6
ARTICLE 16. - DEFERRED COMPENSATION
15.1 Employees may participate in the District's approved deferred compensation plan subject to IRS
requirements, and in accordance with all guidelines for voluntary participation established by District
management
ARTICLE 16. - HOLIDAYS
16.1 The days listed below are observed by the District as holidays. Employees will receive holiday pay if their
entire scheduled work shift immediately preceding and following the holiday are in a paid payroll status,
meaning the employee worked those shifts or utilized paid time off in lieu of working those shifts.When an
employee's work schedule requires that they work on an observed holiday, the employee will be paid at
the employee's regular rate of pay for the holiday, and will also receive overtime pay at the rate of one and
one half(1.5)times their regular hourly rate for all hours actually worked. Employees may also elect to
receive Holiday Compensatory Time Off on an hour for hour basis rather than receive holiday pay.When a
holiday occurs on an employee's regular scheduled day off, the employee will accrue compensatory time
off for the amount of hours normally scheduled for that day Employees with a compensatory time off
balance in excess of fifty(50)hours as of the last pay period ending in October will receive a mandatory
payout for the hours that exceed fifty(50).
HOLIDAY
New Year's Day
Lincoln's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Day before Christmas
Christmas Day
Floating Holiday-
16.2 Employees may elect one(1)day during each year as a"Floating Holiday". New employees shall be
granted a"Floating Holiday"on a pro rate basis in the first calendar year of service per the following table:
Hire Date Percent
In Quarter(January-March) 100%
to Quarter(April-June) 75%
V Quarter(July-September) 50%
4 Quarter(October-December) 0%
16.3 Employees must use the"Floating Holiday"within the year it is granted. Every effort will be made to
approve an employee's request for a"Floating Holiday'off providing sufficient notice is given.
OCFA-Engineering MOU July 1, 2014 to June 30, 2016
Page 7
ARTICLE 17. - HOURS OF WORK
17.1 For record keeping and accounting purposes, the"workweek"for full-time employees is 40 hours per 168-
hour period, to be paid on a biweekly payroll basis of 80 hours worked. Employee work periods may be
scheduled in shifts of four 9-hour days and one 4-hour day each workweek(9180 schedule), five 8-hour
days each workweek(10/80), four 10-hour days each workweek (8/80), or three 12-hour days and one 4-
hour day each workweek(7/80). The starting and ending times of individual employees'workweeks may
vary.
17.2 Employees shall receive ten-minute rest periods twice in a nine-hour shift, and three times for a shift of
more than ten hours. Meal and rest periods may not be avoided or accrued for the purpose of obtaining
time off or shortening the regular shift. If an employee reports to work as scheduled and was not notified
that their hours had been changed, he or she shall receive two hours pay at the overtime rate.
17.3 The District may, at its sole discretion, change an employee's work schedule with thirty(30) days written
notice to the affected employee.
ARTICLE 18. - CALL-BACK PAY
18.1 When an employee is called back to work by District management without prior notice, and the employee
has completed his or her normal work shift and left the work station,or when prior notice is given but the
work begins on the same day at least three hours after completion of the regular shift, the employee shall
receive a minimum of three hours of call back pay. The three hours minimum, whether or not actually
worked, shall be paid at the rate of one and one half times the regular hourly rate. Employees who are
called back a second time within a normal shift period are considered to be working for the duration of that
shift.
ARTICLE 19. - STANDBY PAY
19.1 Standby is time during which an employee is not required to be at the work location or at the employee's
residence but is required to be available for immediate return to work. Standby assignments shall first be
made on a voluntary basis. A volunteer standby list shall be established by classification and job location.
Standby assignments shall be made from the list of employees who are competent and experienced, in
alphabetical order, on a rotating basis. In the event that no one volunteers, the District shall assign
standby by job classification and work location from employees who are competent and experienced on a
rotational basis. An employee placed on standby shall be compensated at the rate of three hundred forty-
five(345)dollars per week, and shall receive Call Back pay when they are actually called to work.
ARTICLE 20. - INSURANCE
20.1 The District will provide healthcare and welfare insurance benefits.
20.2 All insurance coverage shall become effective on the first day of the month following date of hire,
regardless of hire date.An open enrollment period shall be held annually.
20.3 Medical Reooener The District and OCEA agree to reopen this Agreement at the beginning of the month
following ratification to discuss the transition from Anthem to Blue Shield through California State
Association of Counties—Excess Insurance Authority (CSAC-EIA), or to another carrier directly, and
varied plan design changes in order to mitigate excise taxation in 2018. Potential strategies for
consideration include, but are not limited to, the following: plan design changes to office and specialist
copays, emergency room copays, plan deductibles and contribution rates; and alternative plan offerings
such as a high deductible health plan with health savings account funding.
20.3.2 The parties agree that any reopener shall be subject to Government Code Section 3505.4 and
case law, including PERK, decisions which interpret that provision.
20A Medical Insurance
20.4.1 The District will provide medical health insurance coverage through a Health Maintenance
OCEA—Engineering MOU July 1, 2014 to June 30,2016
Page 8
Organization (HMO) medical insurance plan and a Preferred Provider Organization (PPO) medical
insurance plan, until such time that the parties agree to changes through the medical reopener in
Section 20.3.
20.4.2 Regular, full-time employees:
20.4.2A The District shall contribute 90%of employee only premiums for the HMO medical
health plan and 80%of employee only premiums for the PPO medical health plan.
The District will contribute 80%of the employee +1 dependent and full family
premiums for the HMO and PPO medical plans. Any change in insurance rates shall
be shared equally in same ratio as the District and employees currently pay
premiums, Before the renewal of any District's sponsored health insurance plan,
the parties agree to meet and confer as to changes in the plan.
20.5 Life Insurance
The District shall pay the full premium for$50,000 term life insurance on each employee.
20.6 Short Term Disabilitv
The District shall provide a non-work related, short-term disability indemnity plan that provides benefits for
employees equal to California's State Disability Insurance(SDI) program for up to twenty-six (26)weeks
following a fourteen(14)calendar day waiting period.
20.7 Long Term Disability
20.7.1 The District shall provide a non-work related, long-term disability indemnity plan that pays two-
thirds of the employee's rate of pay in effect at the time of such disability, not to exceed
$5,000 per month, up to age 65, following a 90-day waiting period of continuous disability, at
such time that an employee completes five(5) years of service.
20.7.2 For participants age 64 and younger, the maximum period of payment is based on the Social
Security Act retirement age of 65. For participants age 65 and older, the maximum period of
payment is specified. The specified periods and additional information about coverage is
included in the District's long-term disability plan contract accession on the intranet.
20.7.3 No combination of disability or sick leave pay shall result in more than an employee's regular
rate of pay. Employees may not receive short-tens and long-term disability benefits at the
same time. An employee who is otherwise not eligible for District paid Long Term Disability
may purchase such coverage at his or her own expense.
20.8 Dental Insurance
The District will contribute 80% of employee only and 80% of full family premiums for dental insurance.
20.9 Vision Insurance
The District shall provide a vision insurance plan for regular, full-time employees and eligible dependents.
20.10 Retiring Employees
20.10.1 The District shall pay, far employees hired prior to July 1, 1988, two and one-half(2.5) months'
premium for each year of continuous service of a retiring employee towards the premium
costs of coverage for the employee and eligible dependents under the District's medical plan.
20.10.2 In the event the District adds additional optional insurance plans, the District's share of the
premium shall be the same as for existing plans as set forth above. In the event the District
changes underwriters for existing insurance plans, the District's share of the premium shall be
the same as for existing insurance plans as set forth above.
OCEA—Engineering MOU July 1, 2014 to June 30, 2016
Page 9
20,10.3 The District will continue to implement the retiree medical health premium offset program
wherein the cost of health premiums are offset by$10 per month for every year of continuous
service up to a maximum of 25 years or $250 per month. Employees hired on or after August
1, 2011 shall not be eligible for the retiree medical health premium offset.
ARTICLE 21. - REIMBURSEMENT ACCOUNT
21.1 Section 125 of the Internal Revenue Code permits employees to use pre-tax dollars to pay for their portion
of the cost of benefits under the Plan through salary redirection arrangements. The options available
under the flexible benefits program are listed below. This is a brief overview of the different options. For
complete information regarding Flexible Spending Accounts,employees must refer to the plan booklet
available in the Human Resources Department.
21.2 Group Insurance Premiums
Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis.
21.3 Medical Care Reimbursement Account
The purpose of this account is to provide a method through which the employee can accumulate pre-lax
funds in a Medical Care Reimbursement Account for purposes of reimbursing himself or herself for
payment of health care costs not othenvise covered by his or her medical insurance.
21 4 Dependent Care Assistance Account
The purpose of this account is to provide a method through which the employee can accumulate pre-tax
funds in a Dependent Care Assistance Account for purposes of reimbursing himself or herself for childcare
expenses or day care for a disabled dependent.
ARTICLE 22. -OVERTIME
22.1 Employees shall be notified as soon as practicable after the District decides upon the need for overtime or
additional work. The District may require the performance of overtime. In the event no qualified employee
wishes to work overtime, District's management may select employees with the ability to perform the work
by inverse seniority. District managers shall attempt to evenly distribute overtime among employees based
upon an employee's ability to perform the overtime work.
22.2 For the purposes of overtime calculation, all time charged to unscheduled sick leave shall not be counted
as time worked. Pay for overtime time shall not occur until after actual work time of forty(40) hours in a
seven (7)day workweek is reached.
ARTICLE 23. - PROBATIONARY PERIOD
23.1 All new employees serve an initial probationary period beginning with the date of hire and extending to at
least the first day of the pay period following twenty-six (26)weeks of employment without a break in
service. Extended absence without pay, short-term and long-term disability and Workers'Compensation
leave does not provide an opportunity to judge an employees'capability to meet performance expectations
for a position, and thus the time spent on such leaves shall not be included towards completion of the
probationary period and may result in an extension.
23.2 Employees who are rehired following a break in service must complete a new probationary period whether
or not one was previously completed. An employee may be released during his or her Probationary
Period at the discretion of the District without recourse to the Grievance Procedure.
23.3 Employees who are reassigned or laterally transferred will serve a probationary period of twenty-six(26)
weeks. The"probationary period"shall not divest an employee of his/her property rights in his/her former
position. Rejection of probation during this period shall result in the employee reverting to his/her former
assignment and/or position.
OCEA—Engineering MOU July 1, 2014 to June 30, 2016
Page 10
ARTICLE 24. - PROMOTIONS
24.1 A promotion is the appointment of an employee to another classification with a higher maximum rate of
pay. The District will determine whether a vacant position shall be filled as an open or promotional
opportunity or recruitment. Whenever the District intends to fill a position by promotion, the District shall
post the opportunity for a minimum of ten (10) business days. Employees must apply during the period of
posting. Notices shall be posted on the District's intranet.
24.2 A promoted employee shall serve a promotional probationary period lasting at least until the first day of the
pay period twenty-six(26) weeks after the effective date of the promotion. At any time during the
promotional probationary period, an employee may be returned to his or her previous position. The
promotional probation period may be extended by mutual agreement between the employee and District's
management for up to ninety(90) days. If an employee is promoted during his or her initial probationary
period, the period shall be extended until at least the first day of the pay period twenty-six(26) weeks after
the effective date of the promotion.
24.3 Promoted employees will receive the equivalent of a step increase in pay, not to exceed the top of the
range for the new classification or the minimum rate of the new classification whichever is greater.
ARTICLE 25. - RETIREMENT
25.1 The District shall continue participation in the Orange County Employees Retirement System (OCERS),
wherein all full-time employees are considered members. The following retirement program is in effect
pursuant to the contract between OCERS and the District.
25.1.1 Employees hired before September 21, 1979: The District will continue to contract with OCERS to
provide the 2.5% @ 55 benefit formula (Plan G) based on the highest consecutive twelve (12)
months average earnings, past and future service.
25.1.1.1 The District will continue to pay 4.5% toward the employee's contribution to OCERS
for those employees who elected to make a one-time decision to remain in the Plan G
program.
25.1.2 Employees hired on or after September 21, 1979 and before August 1, 2011: The District will
continue to contract with OCERS to provide the 2.5%@ 55 benefit formula(Plan H) based on the
highest consecutive thirty-six(36)months average earnings, past and future service.
26.1.2.1 The District will continue to pay 3.6%of an eligible employee's base salary toward the
employee's contributions to OCERS.
25.1.3 Employees hired on or after August 1, 2011 and before January 1, 2013: The District will contract
with OCERS to provide the 1.667% @ 57.5 benefit formula(Plan B)based on the highest
consecutive thirty-six(36) months average earnings, past and future service.
25.1.3.1 The District will pay 0%of an eligible employee's base salary towards the employee's
contribution to OCERS.
25.1.4 Employees hired on or after January 1,2013: The District will contract with OCERS to provide the
2.5% @ 67 benefit formula (Plan U-PEPRA)based on the highest consecutive thirty-six(36)
months average earnings, past and future service.
25.1.4.1 The District will pay 0%of an eligible employee's base salary towards the employee's
contribution to OCERS.
25.2 All monies actually contributed into the retirement system by an employee shall be deducted from gross
salary for taxation purposes in accordance with Internal Revenue Code provisions.
OCEA-Engineering MOU July 1, 2014 to June 30, 2016
Page 11
ARTICLE 26. - SHIFT DIFFERENTIAL
26.1 Employees who are regularly assigned to work a night shift that consists of 50%or more of their hours
between 6:00 p.m. and 6:00 a.m. and who actually work that shift shall receive a shift differential of$2.50
per hour.
ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY
27,1 Vacation Leave
27.1.1 Except as otherwise provided, regular full-time employees accrue vacation leave, beginning with
the first day of employment, in accordance with the following schedule:
Years of Service Hours-Biweekly Hours-Annual
In years 0 through 1 3.08 80
In years 2 through 4 3.08 80
In years 5 through 10 4.62 120
In year 11 4.93 128
In year 12 5.24 136
In year 13 5.54 144
In year 14 5.85 1 152
In year 15 6.16 160
In year 16 6.46 168
In year 17 6.77 176
In year 18 7.08 184
In year 19 7.39 192
In year 20 and over 7.69 200
27.1.2 Part-time employees accrue vacation leave on a pro-rata basis as set forth in District Policy.
27.1.3 Vacation leave begins after an employee has completed twenty-six (26)weeks of continuous
service. After the individual's first twenty-six(26)weeks of service, his or her account will be
credited with 40 hours.After that time, he or she will accrue vacation hours consistent with the
above chart.Vacation leave may only be utilized in increments of one-half hour or more. Vacation
leave is accrued for all paid hours, including hours actually worked and hours in a paid-leave
payroll status.
27.1.4 When unpaid absences occur, vacation leave accruals will be applied by straight proration of
leave accruals based on the number of hours actually worked, and is applicable to all types of
leave, whether legally protected or not.
27.1.5 Employees may have a maximum accumulation of 200 hours as of the last day of the final pay
period in December of each year. In the event an employee accrues vacation leave in excess of
200 hours, it must be used prior to said December dale, all other remaining hours in excess of 200
will be paid to the employee in the first pay period in January at the employee's then current hourly
rate of compensation.
27.2 Sick Leave
27.2.1 Definition.- Sick leave is an insurance or protection provided by the District to be granted to
employees in circumstances of adversity to promote the health and welfare of the individual
employee. It is not an earned right to take time off from work. Sick leave is defined as the
absence from duty of an employee because of a bona fide illness, injury, or pregnancy, or to
OCEA—Engineering MOU July 1, 2014 to June 30, 2016
Page 12
attend to the illness or injury of a family member as hereinafter defined. Temporary employees
are not entitled to sick leave benefits.
27.2.2 Method-Sick Leave Accrual. Full-time employees hired prior to November 27, 1981, accrue paid
sick leave at the rate of three point five (3.5) hours for each biweekly pay period of continuous
service(ninety-one(91) hours per year). Full-time employees hired on or after November 27,
1981, accrue paid sick leave at the rate of three(3.0)hours for each biweekly pay period of
continuous service(seventy-eight(78) hours per year), beginning with the first day of employment,
27.2.3 Part-time employees accrue sick leave on a pro-rata basis as set forth in applicable District Policy.
27.2.4 When unpaid absences occur, sick leave accruals will be applied by straight proration for leave
accruals based on the number of hours actually worked, and is applicable to all types of leave,
whether legally protected or not.
27.2.5 Annual Pavoff-Employees may elect annually to be paid for any unused sick leave hours accrued
through the end of October at their current hourly rate according to the following payoff schedule
or as specified in a Memoranda of Understanding.
Accrued Sick Leave Hours Rate of Payoff
0-100 0%
101-240 25%
241-560 35%
Over 560(mandatory) 50%
27.2.6 Employees who terminate for any reason other than retirement or death shall be compensated for
any accrued and unused sick leave according to the above schedule. Employees who retire or
decease with twenty(20)years or more of service shall be paid at the one hundred percent
(100%) rate for all accrued and unused sick leave. Employees who retire or decease with less
than twenty(20) years of service will be paid at the seventy-five percent(75%) rate for all accrued
and unused sick leave.
27.2.7 Permissible Uses-Sick leave may be applied only to:
A. Absence due to illness, injury or pregnancy of an employee.
B. Absence due to medical and dental office appointments of an employee when approved by
the employee's supervisor.
C. Absence for the care of the employee's father, father-in-law, mother, mother-in-law, brother,
sister, husband,wife, child, grandparent, legal guardian, or any family member with whom the
employee resides.
D. Absence due to a job-related injury.
27.2.8 General Provisions-To qualify for sick leave pay, the employee must notify the District at or in
advance of the time the employee is scheduled to report for duty. Minimum charge to the
employee's sick leave account shall be one-half hour and thereafter in one-half hour increments.
Human Resources and department management shall be responsible for control of abuse of the
sick leave privilege. If notified in advance, the employee may be required, at any time, to furnish a
certificate issued by a licensed physician or nurse, or other satisfactory evidence of illness;
however, for absences of ten consecutive working days or more, a request for leave and a
medical statement, on prescribed forms, stating expected date of return must be submitted to
Human Resources. Upon return to work, a written doctors release must be submitted to Human
Resources. For absences of one or more working days in an unpaid status, a request for leave
OCEA—Engineering MOU July 1, 2014 to June 30, 2016
Page 13
and a medical statement, on prescribed forms, stating expected date of return must be submitted
to Human Resources.
If the need for leave is due to the employee's serious health condition, as defined in the Family
and Medical Leave Act("FMIA")or the California Family Rights Act("CFRA"), the certification
requirement shall comply with the provisions of these Acts.
27.3 Jury Duty Leave
27.3.1 Any full-time, including probationary, employee who is called for jury duty shall, upon request on
prescribed forms, be entitled to his or her regular pay for those hours of absence due to
performance of the jury duty for a period up to twenty-two(22)working days.
27.3.2 Prior to jury duty service, each employee must complete a time off request through the District's
timesheet system and provide a copy of the summons to his or her supervisor. To be entitled to
receive regular pay for such jury leave, the employee must report for work at the District for time
not actually retained on jury unless there is less than %of their regular shift remaining.
Employees are not compensated forjury duty occurring on scheduled days off.
27,4 Witness Leave
27.4.1 Any full-time, including probationary, employee, who is required to be absent from work by a
subpoena properly issued by a court, agency or commission legally empowered to subpoena
witnesses, which subpoena compels his or her presence as a witness, except in a matter wherein
he or she is named as a defendant or plaintiff or as an expert witness, shall, upon approval of an
online time off request, be entitled the time necessary to comply with such subpoena, provided
any fees received for such service, exclusive of mileage, are submitted to the District for deposit in
the General Fund of the District.
27.4.2 An employee so subpoenaed must submit a copy of the subpoena to his or her supervisor and
complete an online time off request form in order to be eligible for pay for such absence. To be
entitled to receive regular pay for such witness leave, the employee must report for work at the
District for time not actually retained on witness service of one hour or more prior to and/or upon
completion of each day's service, exclusive of travel time.
27.5 Military Leave
27.5.1 A request for military leave shall be made upon leave-of-absence forms approved by the Human
Resources Department and shall state the date when it is desired to begin the leave-of-absence
and the date of anticipated return. A copy of the orders requiring such military service shall be
submitted with the request.
27.5.2 Provisions of the Military and Veterans Code of the State of California, Sections 395-395.5 shall
govern military leave. In general, current law provides that an employee having one(1) year or
more service with a public entity is entitled to military leave with pay not exceeding thirty(30)days
per year if the employee is engaged in military duty ordered for purposes of active military training
or encampment, An employee who is required to attend scheduled service drill periods or perform
other inactive duty reserve obligations is entitled to military leave without pay, not exceeding
seventeen(17)calendar days per year, although the employee may, at his or her option, elect to
use accrued leave time to attend the scheduled reserve drill periods or to perform other inactive
drill period obligations. Employees who participate in weekend military drill duty are not eligible for
leave with pay for such activity, but may have their regular work schedule changed to
accommodate the required time off.
27.6 Bereavement Leave
27.6.1 Using the online time off request system, any full-time employee,whether probationary or regular,
shall receive a maximum of thirty-six (36)hours of paid time for the death or funeral of an
immediate family member. Immediate family member is defined as the employee's father, step-
father, father-in-law, mother, step-mother, mother-in-law, brother, step-brother, sister, step-sister,
OCEA-Engineering MOU July 1, 2014 to June 30, 2016
Page 14
husband, wife,domestic partner, biological child,adopted child, step-child, child of a domestic
partner, grandchild, grandparent, foster parent, foster child, legal guardian, or any family member
with whom the employee resides.
27.7 Supplemental Leave
27.7.1 Regular full-time employees in the bargaining unit shall be granted Supplemental Leave in
accordance with the following schedule in the first pay period in July:
Years of Service 5-9 10- 14 15-19 20-24 25+
Supplemental Leave Hours 5 10 15 20 25
27.7.3 Supplemental Leave will be administered in accordance with the following guidelines:
27.7.3.1 Supplemental Leave may be used in one-quarter(0.25) hour increments.
27.7.3.2 Any unused Supplemental Leave, within the fiscal year granted, will not be carried
over to the next fiscal year.
27.7.3.4 Any unused Supplemental Leave, within the fiscal year granted, is not subject to cash
out or eligible for any mandatory payout.
27.7.3.5 Employees who cease to be part of the bargaining unit for any reason will forfeit any
unused Supplemental Leave.
27.7.3.6 Employees who are hired or transferred into the bargaining unit shall be granted
Supplemental Leave on a pro-rats basis per the following schedule:
HlrefTrenafer Date Percent
July—September 100%
October—December 76%
January—March 50%
April—June 25%
ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY
28.1 It is the policy of the District to grant employees leave-of-absences without pay under certain
circumstances and in accordance with state and federal benefit entitlement laws. Except as stated below,
employees shall not receive compensation during an unpaid leave-of-absence. Employees will not be
granted an unpaid leave of absence prior to exhausting all paid leave accrual balances, excluding
employees protected by PDL(Pregnancy Disability Leave)/FMLA(Family and Medical Leave Act)/CFRA
(California Family Rights Act)for their own serious health condition.
2B.2 Using the prescribed forms, approved by District management, any full-time, including probationary, or
part-time employees with at least fifty-two (52)weeks of service and at least twelve hundred fifty (1,250)
hours of service, may be granted an FMLA or CFRA leave-of-absence without pay, not to exceed twelve
(12)weeks in a rolling twelve(12) month calendar period. A"rolling"twelve If 2) month period is measured
backward from the date the employee uses the leave. A request for leave of absence without pay must be
made upon prescribed forms in all instances where an employee is absent without pay for more than five
(5)consecutive working days, or for absences of ten (10)working days or more when using paid sick
leave accruals.
OCEA—Engineering MOU July 1, 2014 to June 30, 2016
Page 15
28.3 Substitution of Paid Leave
28.3.1 Employees who request FMLA or CFRA Leave for qualifying purposes other than the employee's
own serious health condition shall be required to use all accruals, before unpaid leave is granted.
Paid time off will not accrue during any pay period that an employee is absent without pay for
more than one(1)day.
28.3.2 Paid time off accruals may be used for the care of the employee's father, step-father, father-in-law,
mother, step-mother, mother-in-law, brother, step-brother, sister, step-sister, husband, wife,
domestic partner, biological child, adopted child, step-child, foster child, legal ward, child of a
domestic partner, grandchild,grandparent, foster parent, legal guardian, or any family member
with whom the employee resides.
28.4 Permissible Uses
28.4.1 FMLA Leave. FMLA leave may be used for:
28.4.1.1 The birth of a child or to care for a newborn of an employee;
28A.1.2 The placement of a child with an employee in connection with the adoption or foster
care of a child,
28.4.1.3 The care for the employee's father, step-father, father-in-law, mother, step-mother,
mother-in-law, brother, step-brother, sister, step-sister, husband, wife, biological
child, adopted child, stepchild, foster child, legal ward, child of a domestic partner,
grandchild, grandparent, legal guardian, or any family member with whom the
employee resides who has a serious health condition, as defined in the Act;
28.4.1.4 The employee's own serious health condition that renders the employee unable to
perform the essential functions of his or her position, including incapacity due to
pregnancy;
28.4.1.5 A qualifying exigency arising out of the fact that an employee's family member is on
covered active duty or called to covered active duty status in the Armed Forces. A
qualifying exigency may include activities such as making arrangements for
childcare, attending counseling relating to the active duty of the service member, or
attending to farewell or arrival arrangements for the service member.
28.4.1.6 The care for the employee's family member or"next of kin" service member of the
United States Armed Forces who has a serious injury or illness incurred in the line
of duty while on active military duty. This leave may consist of up to twenty-six (26)
weeks of unpaid leave during a single twelve (12) month period.
28.4.2 CFRA Leave. CFRA Leave may be used for:
28.4.2.1 The same purposes as FMLA Leave, including the care of a domestic partner or
child of a domestic partner, and shall run concurrently with FMLA leave.
28.4.2.2 CFRA may not be used for 1)an employee's incapacity due to pregnancy,. 2) leave
due to a qualifying exigency, or 3)to care for a family member or next of kin with a
serious injury or illness incurred in the line of duty. However, incapacity due to
pregnancy may entitle an employee to up to four(4)months of pregnancy disability
leave under California's Pregnancy Disability Leave(PDL) law.
28.4.3 General Provisions. Requests for FMLA and CFRA Leave
Where the need for Leave is foreseeable, the District requests thirty(30)days advance notice.
28.4.4 Medical Certification
As a condition of FMLA or CFRA Leave because of a serious health condition, the District may
require certification by the employee's attending physician in accordance with Department of
OCEA—Engineering MOU July 1, 2014 to June 30,2016
Page 16
Labor(DOL)regulations.
28.4.5 Medical and Dental Premiums
During FMLA and CFRA Leave, the District shall pay for medical and dental benefits at the
same level as coverage would have been provided if the employee was not on leave. The
employee shall be required to pay his or her share of medical and dental premiums. Failure to
submit a monthly co-payment, in full,within sixty(60)days of the invoice date will result in loss
of group coverage. Coverage will be reinstated upon return to active employment.
28.4.6 Reinstatement
Upon expiration of FMLA or CFRA Leave, the employee shall be reinstated to the same or a
comparable position, unless the employee would not otherwise have been entitled to that
position for reasons unrelated to such leave(e.g., layoff), in which case the District's obligation
to continue health and dental or other benefits shall cease.
28.4.7 District Employment of Spouses/Domestic Partners
28.4.7.1 FMLA Leave. Married employees shall be limited to a combined total of twelve (12)
weeks FMLA or CFRA Leave in a rolling twelve(12)month calendar period for the
care of a parent or newly born or placed child.
28.4.7.2 CFRA Leave. Married employees and employees in domestic partnerships will be
limited to a combined total of twelve (12)weeks CFRA leave in a rolling twelve (12)
month calendar period for the care of a parent or newly born or placed child.
28.5 General Leave
28.5.1 Employees who have exhausted all paid time off accruals may request to be granted a general
leave-of-absence by District management to attend to personal matters or for FMLA or CFRA
qualifying events after the expirations of previously authorized leave.
28.5.2 During a general leave-of-absence, the employee will be required to pay both the District's and the
employee's share of medical and dental premiums.
28.5.3 Failure to submit a monthly co-payment, in full, within sixty (60) days of the invoice date will result
in loss of group coverage. Coverage will be reinstated upon return to active employment.
28.6 Return to Work Policy
28.6.1 An employee who has been absent from work due to a medical reason may be subject to a
Return-to-Work medical evaluation.
28.6.2 If it is determined that the job demands of the position last held by the employee are not
compatible with the employee's restrictions(with reasonable accommodation if the employee is
disabled within the meaning of the ADA/FEHA) and the employee is willing to return to work,
placement in an alternative position, if available, shall be considered. The employee shall be re-
classified as medically disqualified while alternative positions are being considered. Such time off
shall be without pay; however, the employee may elect to use accrued leave hours, such as
vacation, sick or personal, to receive compensation. Placement of an employee in an alternative
position requires a pre-placement medical evaluation for the alternative job.
28.6.3 If it is determined that the job demands of the position last held by the employee are not
compatible with the employee's restrictions(and cannot be reasonably accommodated if the
employee is disabled within the meaning of ADA/FEHA) and there is not an alternative position, or
the employee's restrictions are not compatible with an alternative position,or the employee is not
willing to return to work, the employee shall be re-classified as medically disqualified and not
permitted to work. Thereafter, the employee shall be retired for disability, if eligible, or dismissed.
Such dismissal will not imply disciplinary action for cause. If requested, the employee's file will
indicate the employee left for personal reasons.
28.6.4 Bridge of Service
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Page 17
If an employee is dismissed per Section 28.6.3, and then is rehired to a position within the District
within one(1)year, the District shall bridge the employee's service date. Bridging of service
procedures involve adding the total number of days away from work to the employee's original
date of hire.
28.6.5 Failure to Return to Work
If, upon the expiration of FMLA or CFRA Leave, or any District approved extension thereof
including General Leave, an employee fails to return to work and no additional leave has been
authorized, the employee shall be considered to have automatically resigned from his or her
position. In such cases, the employee will receive advance notification of the District's intent to
implement an automatic resignation.
28.7 Compliance with Law
These Leave-of-Absence provisions shall be interpreted and applied in a manner that is consistent with
the provisions of FMLA, CFRA, ADA and all other laws. In the event there is a direct conflict between
these provisions, as written or applied, the provisions of law shall govern.
ARTICLE 29. - CLASSIFICATION STUDIES
29.1 OCSD will include a representative from OCEA to participate as a partner in the agency-wide classification
and compensation study.
29.2 An employee who believes his/her position is not properly classified may submit a written request to the
Department Director asking that a classification study be conducted. The Department Director will
acknowledge the request in writing and review the request for accuracy, and forward it to the Director of
Human Resources, or designee, for consideration and response. Classification studies will only be
conducted twice a year in November and during the budget process, therefore, classification study
requests shall be submitted October 161 for the November review and according to the Finance budget
schedule. District's management may also conduct classification studies at their discretion to ensure that
the duties and responsibilities of all employees are appropriately allocated within the classification
structure.
29.3 Y-Rating
29.3.1 All classification study findings regarding existing classifications are subject to approval by the
General Manager; findings recommending a new job classification range are subject to approval
by the District's Board of Directors. The recommendations of the classification study shall be
implemented in the first pay period immediately following the completion of the study, unless the
recommendations require action be taken by the Board of Directors prior to implementation. In
such event, the recommendations shall be implemented in the first pay period immediately
following authorization by the Board.
29.3.2 In the event the duties and responsibilities of a position are allocated to a lower paid classification,
the salary of the incumbent of that position shall remain unchanged (Y-rated) in accordance with
the following table:
Years of Service Term of Y-Rate
0-3 1 year
4-5 2 years
6-10 3 years
11-20 4 years
20 or more 5 years
OCEA—Engineering MOU July 1, 2014 to June 30, 2016
Page 18
29.3.3 Y-rating based on the above schedule shall be granted for all reclassifications where employees
are working in a job classification with a lower maximum rate of resulting from changes to the
District's staffing requirements, organizational structure or"bumping" associated with layoffs. Y-
rating shall not apply in cases involving disciplinary actions or voluntary changes to a job
classification with a lower maximum rate of pay.
29.3.4 The Y-rate shall remain in effect until the salary range for the new classification equals or exceeds
the employee's Y-rated salary, or until the term of the Y-rate expires in accordance with the table
above. If the Y-rate expires before the employee's salary falls within the range of the new
classification, the employee shall be placed at the top of the range. Employees become eligible
for merit increases and range adjustments when the Y-rate is no longer in effect.
29.4 Z-Ratina
29.4.1 Employees allocated to classifications with a lower range maximum than their current salary as a
result of the District's comprehensive Classification Study results implemented effective July 12,
2002 will have their salary remain unchanged (z-rated) until such time that the range maximum of
their salary range exceeds or equals their current salary.
29.4.2 If a position is allocated to a higher paid classification, and the incumbent is promoted to that level,
his or her salary will be placed at the step of the new range that is nearest a one-step increase,
not to exceed the maximum rate of pay.
ARTICLE 30. - DRIVER'S LICENSE
30.1 Employees who are required by the District to drive must notify their supervisor and the Human Resources
Risk Management Division immediately upon receipt of any suspension or revocation of their California
Driver's License privileges. Failure to do so could result in disciplinary action up to and including
separation.
30.2 If an employee whose license is suspended or revoked and is unable to perform his or her. duties
and responsibilities notifies the District in a timely fashion, an attempt shall be made to place the employee
in an equal or lower level position for which he or she is qualified. Placement in the range of the new
classification is subject to District management's discretion.
30.3 The District will continue to pay the license renewals and physical examination costs of Class A 8 8
licenses that are specifically required by the District.
ARTICLE 31. - LAYOFF PROCEDURE
31.1 Nothing herein shall be construed to require the District to fill vacant, budgeted positions nor to prohibit the
District from eliminating vacant positions from the budget. The District reserves the right to reassign staff
to other positions in instances involving job restructuring, reorganization or due to lack of work.
31.2 The layoff procedure outlined below shall be followed if the District finds it necessary to layoff personnel
who were hired after January 1, 2000 and for any layoffs which occur after November 1, 2002.
31.3 If, in the sole discretion of District management, personnel reductions are necessary, layoff order and
recall lists shall be developed based upon job classification, priority of function,job performance, individual
qualifications and seniority. The OCEA and employees subject to layoff shall be provided with at least two
weeks notification in writing, whenever possible.
31 A Employees in classifications subject to layoff may request a voluntary demotion to any previously held
position for which they remain qualified. Such requests must be made in writing to the Human Resources
Department within five(5)days of receipt of the Layoff Notice. The salary of an employee who voluntarily
demotes shall be unchanged, except that it may not exceed the maximum rate of the range for the lower
level classification.
31.5 Recall lists shall be developed for all classifications experiencing personnel reductions, and shall be
maintained for a period of two years from the date of layoff. Individuals shall be placed on the list in the
OCEA—Engineering MOU July 1, 2014 to June 30,2016
Page 19
inverse order of layoff, so that the last person laid off is the first recalled. When a vacancy occurs in a
classification for which a Recall list exists, an offer of reemployment shall be made to the individual on the
top of the list. That individual must respond to the offer within five days, or the offer shall be made to the
next person on the list. An individual who either does not respond or refuses three consecutive offers shall
have their name removed from the list.
31.6 All notification and responses must be in writing and delivered either in person or by Certified Mail. It is
the responsibility of all employees to keep the Human Resources Department informed of their current
address, or where they may be contacted.
ARTICLE 32. - LIGHT DUTY
32.1 An employee who is released by a physician to perform limited duties because of a temporary disability
may be assigned to light duty at the discretion of the District. Light duty may consist of duties other than
those normally performed by the employee and that are within the employee's medical restrictions. An
employee assigned to light duty will be paid the regular wage rate for the job classification to which he or
she was assigned prior to being temporarily disabled.
ARTICLE 33. - MEDICAL EXAMINATION
33.1 When there is reasonable evidence to suggest that an employee is impaired in a manner that endangers
their own health or safety, or that of others, the District may require that employee to be examined or
evaluated by a health care provider. The purpose of such examination must be job related. Any
examination under this provision shall be conducted on District time and at District expense. An employee
may submit an independent medical opinion regarding the individual's condition and addressing his or her
ability to competently perform the duties of the position. This information shall be reviewed and
considered by a competent medical authority in arriving at a decision regarding the individual's continued
employment in the position.
ARTICLE 34. - MILEAGE ALLOWANCE
34.1 Approved use of a personal vehicle for District business shall be reimbursed at the current IRS rate.
ARTICLE 35. - ACTING PAY
35.1 Employees who are assigned by District management to perform the duties of a position at a higher level
for a period of at least eighty (80)consecutive hours shall be eligible for a one step salary increase, or the
first step of the range for the higher level classification, whichever is greater. The higher rate of pay begins
with the hour eighty-one(81), and continues until the assignment ends or the six(6)month limitation has
been reached at which time a determination will be made as to whether the position should or should not
be posted. Requests for acting pay require the approval of the Department Director and the Director of
Human Resources, or designee. The eighty(80)hour eligibility period may be waived at the discretion of
the General Manager.
ARTICLE 36.
(This Article intentionally left blank.)
ARTICLE 37. - PERSONNEL FILES
37.1 Employees have the right to inspect their personnel file in the Human Resources Department during the
normal office hours of the Human Resources Department, by appointment. Employees who wish to correct
allegedly erroneous information in their file, or request that items related to disciplinary matters be
removed after the indicated time period has elapsed, should submit a request in writing to the Director of
Human Resources, or designee. It is the responsibility of each employee to keep the personal information
in his or her file current, inGuding home address, telephone number and person to contact in an
emergency.
OCEA—Engineering MOU July 1, 2014 to June 30, 2016
Page 20
ARTICLE 38. -BULLETIN BOARDS
38.1 The OCEA may use the bulletin boards located at Plant 1 and Plant 2, which are designated for use by
employee groups to post notices to District employees, provided that: (a) no controversial matter which is
critical of or derogatory to the District, its employees, officers or Directors may be pasted; (b) nothing
posted by the District may be removed; (c)the OCEA shall remove its notices after a reasonable length of
time; and(d)only a reasonable number of notices shall be posted.
ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS
39A A maximum of three (3)employees covered by this Agreement and appointed by the OCEA shall be
granted reasonable release time for attending meet and confer sessions at the bargaining table. Release
time shall not be compensated for any hours that exceed the employee's regularly scheduled hours of
work.
39.2 The OCEA shall provide the Director of Human Resources, or designee, with the names of employees
requiring meet and confer release time in advance of the meet and confer session. The release time shall
be granted provided that the needs of the District permits the time away from assigned work.
ARTICLE 40. - USE OF DISTRICT FACILITIES
40,1 District facilities may be used by the OCEA with prior notice to the Director of Human Resources, or
designee, for the purpose of holding meetings,to the extent that such use does not interfere with normal
District operations. The OCEA agrees to pay for the cost of any additional custodial or security services.
ARTICLE 41. - SCOPE OF BARGAINING
41.1 The District and the OCEA acknowledge that during the negotiations, which resulted in this Agreement,
each party had the unlimited right and opportunity to make demands and proposals with respect to all
proper subjects within the scope of representation. Therefore,the District and the OCEA, for the term of
this Agreement, except as otherwise provided herein, each voluntarily and unqualifiedly waive the right,
and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or
matter contained in this Agreement.
ARTICLE 42. - IMPASSE PROCEDURES
42.1 If either the District or OCEA declares that an impasse exists in the meet and confer process, the party so
declaring may initiate the impasse procedure by providing the other party with a written request for an
impasse meeting, together with a statement of its position on all issues. An impasse meeting shall be
scheduled and held between the parties within fourteen(14)calendar days or as soon as practicable to:
42.2 Review the position of the parties in a final effort to reach agreement on a memorandum of understanding,
and if the impasse is not resolved, to discuss the immediate utilization of impasse procedures outlined
herein.
43.3 Impasse Procedures are:
43.3A Mediation. If the parties mutually agree to submit the dispute to the State Mediator and
Conciliation Service, all mediation proceedings shall be private and occur as soon as practicable.
The mediator shall make no public recommendation, nor take any public position at any time
concerning the issues.
43.3.2 Fact-Finding: If the parties fail to resolve the dispute through mediation, the parties may agree to
submit the impasse to fact finding as soon as practicable. The cost of a fact finder and other
mutually incurred costs shall be mutually shared by the District and OCEA.
43.3.3 Board Actions: If the parties fail to resolve the impasse, the dispute shall be sent to the District's
Board of Directors for resolution. Each party shall submit its written proposal on all issues to the
OCEA—Engineering MOU July 1, 2014 to June 30, 2016
Page 21
Board. The Board may take such action to resolve the impasse as it deems appropriate to the
public interest. Any action taken by the Board to resolve the impasse shall be final and binding.
ARTICLE 43. - SEVERABILITY
43.1 Notwithstanding any other provisions in this Agreement, in the event that any article, section or subsection
of this Agreement shall be declared invalid by any court or by any state or federal law or regulation, or
should a decision by any court or any state or federal law or regulation diminish the benefits provided by
this Agreement, or impose additional obligations on the District, the District and OCEA shall meet and
confer on the affected article, section or subsection. In such event, all other articles, sections or
subsections of this Agreement not affected shall continue in full force and effect.
ARTICLE 44. - UNIFORMS
44.1 The District shall provide and maintain ten (10) uniform pants and shirts, which may include the name of
the employee and District's seal, at no cost to employees whose duties require that they wear uniforms.
The District will also provide lab coats as required by the lab manager.
44.2 All employees who are issued uniforms must wear them during the performance of their regular duties.
Other clothing appropriate to the occasion, as determined by District management, may be worn when
attending business meetings. Failure to wear required clothing, shoes and safety equipment may be
cause for disciplinary action.
ARTICLE 45. - SUBSTANCE ABUSE POLICY
45.1 The District's Substance Abuse Policy will apply to all unit members. The District may adopt or implement
rules, regulations and policies to be in compliance with federal and state laws. In such cases, notification
will be provided to the bargaining unit prior to implementation.
45.2 Department of Transportation (DOT) Regulations
45.2.1 Every driver who operates a commercial motor vehicle in interstate or intrastate commerce, and is
subject to the commercial driver's license requirements of the Department of Transportation,
Federal Highway Administration CFR Part 382 is subject to the District's Anti-Drug and Alcohol
Program. The District will ensure that all alcohol or controlled substances testing conducted under
the Substance Abuse and Alcohol Misuse Plan complies with the procedures set forth in CFR Part
40.
45.3 District's Substance Abuse Policy
45.3.1 Any employee may be subject to discipline, up to and including termination, for any alcohol screen
test that indicates an alcohol concentration level of 0.02%or greater.
ARTICLE 46. - DUES DEDUCTIONS
46.1 The District shall deduct from each regular paycheck and remit to OCEA the dues, initiation fees and
assessments for each employee who voluntarily authorizes such deduction in writing. Such authorizations
must be fled by the end of the pay period prior to the period for which the deduction is requested.
46.2 The District shall provide the OCEA a quarterly list of the names of those employees for whom it has made
deductions. In addition, the District shall provide the names and addresses of new employees and the
names of employees who have terminated within the previous quarter.
ARTICLE 47.
(This Article intentionally left blank)
OCEA—Engineering MOU July 1, 2014 to June 30, 2016
Page 22
ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES
4B.1 During the term of this Memorandum, or any subsequent period when impasse resolution procedures are
in progress or recommendations resulting from such procedures are being considered by the parties, the
District agrees it shall not lockout employees in this bargaining unit, and OCEA agrees that it shall neither
advocate, encourage or participate in any strike, including sympathy strike, or work stoppages, nor
encourage employees to refrain in whole or in part from the full, faithful and proper performance of their
duties of employment.
ARTICLE 49.
(This Article intentionally left blank)
ARTICLE 50. -WORKPLACE VIOLENCE AND WEAPONS POLICY
50.1 The District's Workplace Violence and Weapons Policy will apply to all unit members.
ARTICLE 51. - RESIGNATION
51A Voluntary written termination of employment with the District is irrevocable after seventy-two (72) hours
from the receipt of the resignation,except by approval of the Director of Human Resources, or designee.
ARTICLE 52.
(This Article intentionally left blank)
ARTICLE 53. - LABOR MANAGEMENT COMMITTEE
53.1 Orange County Employees Association (OCEA) and the Orange County Sanitation District(OCSD) hereby
agree to meet within two(2) months from the OCSD Board approval of this MOU to discuss the structure
and process of a Labor Management Committee at OCSD. Absent mutual agreement regarding the
structure and process of a Labor Management Committee,the parties will defer discussions to the time
when a successor MOU is raised.
OCEA-Engineering MOU July 1, 2014 to June 30,2015
Page 23
SIGNATURE PAGE
2014—2016
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
ENGINEERING UNIT
Executed:
OCEA ENGINEERING UNIT ORANGE COUNTY SANITATION DISTRICT
BOG fierre Labor s Representative Steve Filarsky, Chief Negotiator
Jos auau Boudreaux, Labor Relations James Herberg, General Manager
Rep sentatye
7;r1 >
Richard Chappell, Senior Chappell, Senior Co��etion Robert P. Ghirelli, Assistant General Manager
Inspector
Richard Spencer,Human Resources Manager
Andrew Nau, Principal Human Resources
Analyst
Stephanie Good, Human Resources Analyst
OCEA-Engineering MOU July 1, 2014 to June 30, 2016
Page 24
Exhibit A
ENGINEERING UNIT
Effective Effective
Pay 11�.1ul-14 10Jul-15
Classification Gmoe MIN MAX MIN I MAX
Senior Constmdion lnspedor ]e $43.55 85294 $44.42 E54.00
Engineering Associale 76 54144 $50.39 $4227 $5140
Construction Inspector 74 3394] $4ZW $4026 $46.93
Engineering Assistant II 70 $39]6 $43.46 $36.46 $44.33
Engineering Assistant l 66 $3240 $39.36 $33.05 $40.1]
OCEA—Engineering MOU July 1, 2014 to June 30, 2016
Page 25
BOARD OF DIRECTORS Meeting Date TOBA.Of Dir.
02/25/15 02/25/15
AGENDA REPORT Item Number Item Number
a
Orange County Sanitation District
FROM: James D. Herberg, General Manager
SUBJECT: SALARY RANGE ADJUSTMENTS FOR NON-EXEMPT CONFIDENTIAL
EMPLOYEES
GENERAL MANAGER'S RECOMMENDATION
Adopt Resolution No. OCSD 15-05, entitled, "A Resolution of the Board of Directors of
the Orange County Sanitation District approving Salary and Benefit Adjustments for
Unrepresented Non-exempt Confidential Employees for Fiscal Years 2014/2015 &
2015/2016."
SUMMARY
Confidential employees perform duties and responsibilities that support OCSD
management with labor relations. Confidential employees are not represented by a
bargaining unit and meet directly with the General Manager regarding terms and
conditions of employment.
The work and duties performed by non-exempt confidential employees aligns with that
of employees in the Orange County Employees Association (OCEA) bargaining units;
however, due to their job duties in support of the labor relations program, confidential
employees are not represented by a bargaining unit. Therefore, though they are in
separate groups, unrepresented non-exempt confidential employees' wages and
benefits have historically aligned with represented employees' negotiated wages and
benefits in the OCEA groups.
The General Manager is proposing the following salary adjustments for non-exempt
confidential employees that align with represented employee wages and benefits.
• Salary Increases (2-Year Cost: $18,190) - 2% salary increase in Year 1; and
2% salary increase in Year 2.
Additionally, non-exempt confidential employees are committed to reconvening at a
later date with the General Manager to discuss health insurance carrier and/or plan
design changes in order to achieve cost containment.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
Page 1 of 2
ADDITIONAL INFORMATION
There are currently three (3) non-exempt confidential employees at OCSD in three (3)
classifications. Confidential employees are those employees who, with authorized
access, assist and act in a confidential capacity to and for persons who formulate,
determine, and effectuate management policies with respect to labor relations. Non-
exempt confidential employees hold the following classifications:
Administrative Assistant
Human Resources Assistant
Program Assistant
Confidential employees are not represented by a bargaining unit; instead confidential
employees represent themselves as a group in informal discussions with OCSD's
General Manager regarding wages, hours, and other terms and conditions of
employment. The General Manager recommends the following changes:
• Salary
o Year 1 — 2.0% Salary Increase, retroactive to the first pay period of July
2014.
o Year 2 — 2.0% Salary Increase, effective the first pay period of July 2015.
The cost of the salary increase for non-exempt confidential employee classifications is
approximately $18,190.
The proposal for non-exempt confidential employees also includes a commitment to
reconvene with the General Manager at a later date to discuss potential medical carrier
and/or plan design changes in order to achieve cost containment.
ATTACHMENT:
Resolution OCSD 15-05
Page 2 of 2
RESOLUTION NO. OCSD 15-05
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT APPROVING
SALARY AND BENEFIT ADJUSTMENTS FOR
UNREPRESENTED NON-EXEMPT CONFIDENTIAL EMPLOYEES
FOR FISCAL YEARS 2014/2015 & 2015/2016
WHEREAS, there are thirteen (13) employees in the confidential employees job
classifications at the Orange County Sanitation District ("OCSD") who, with authorized
access, assist and act in a confidential capacity to and for persons who formulate,
determine, and effectuate management policies with respect to labor relations; and
WHEREAS, there are three (3) confidential employees holding non-exempt
classifications; and
WHEREAS, non-exempt confidential employees are unrepresented and meet
directly with the General Manager about terms and conditions of employment; and
WHEREAS, the General Manager recently entered into discussions with the non-
exempt confidential employees and completed negotiations in February 2015, which
resulted in agreed upon proposed changes to wages and benefits that align with those
agreed upon for represented employees; and
WHEREAS, non-exempt confidential employees have agreed to reconvene at a
later date with the General Manager to discuss a medical reopener to discuss changes
in order to avoid excise taxation; and
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER:
1. That the Board of Directors hereby authorizes and approves the following
changes to wage and benefits for non-exempt confidential employees, which shall
become effective as noted:
a) Salaries
• To align with similarly situated represented employee classifications,
non-exempt confidential employees' salaries shall be adjusted per the
following:
• Year 1 — 2.0% Salary Increase, retroactive to the first pay
period of July 2014.
• Year 2 — 2.0% Salary Increase, effective the first pay period of
July 2015.
2. That the General Manager, or his designee, is authorized to implement the
OCSD 15-05-1
changes to wages and benefits approved herein, and reconvene at a later date with the
non-exempt confidential employees to discuss health insurance carriers and/or plan
design changes in order to achieve additional cost savings.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
February 25, 2015.
Tom Beamish,
Chairman of the Board
ATTEST:
Kelly A. Lore
Acting Clerk of the Board
OCSD 15-05-2
STEERING COMMITTEE Neetlog Dare TOBA.Of Dir.
OV25115
0225/ls
AGENDA REPORT Item Number Item Number
s
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Robert P. Ghirelli, Assistant General Manager
SUBJECT: REVISED POLICY REGARDING BOARD OF DIRECTORS' EXPENSE
REIMBURSEMENT, MEETING ATTENDANCE AND COMPENSATION
TO INCLUDE COMPENSABLE MILEAGE
GENERAL MANAGER'S RECOMMENDATION
Adopt Resolution No. OCSD 15-06, A Resolution of the Board of Directors of the
Orange County Sanitation District Adopting a Revised Policy Regarding Board of
Directors' Expense Reimbursement and Meeting Attendance and Compensation and
Repealing Resolution No. OCSD 14-04.
SUMMARY
The District does not have a written policy regarding compensation mileage for
Directors traveling to District meetings. Staff recommends formalizing a policy to
ensure consistent reimbursement and compliance with state law. It is recommended
that the District reimburse mileage according to the actual distance traveled.
PRIOR COMMITTEE/BOARD ACTIONS
March 2014 - Adopt Resolution No. OCSD 14-04 - Minor revisions were made to the
previous resolution including: Reimbursement rates needed to be adjusted slightly to
reflect the present cost of travel; conforming to the Ordinance setting the compensation
of Directors; clarifying events and expenses that are subject to reimbursement and
compensation and reorganizing the policy for easier reference.
May 2006 — Adopt Resolution No. OCSD 06-11, A Resolution of the Board of Directors
of Orange County Sanitation District Establishing a Policy Regarding Board of Directors'
Business and Travel Expense Reimbursement, and Meeting Attendance and
Compensation, and Repealing Resolution No. OCSD 06-09.
CEQA
N/A
Page 1 of 3
BUDGET/PURCHASING ORDINANCE COMPLIANCE
The revisions to the Policy are not expected to have major effects on the budget.
ATTACHMENT
The following attachment(s) are attached in hard copy and may be viewed on-line at the OCSD website
(www.ocsd.coml with the complete agenda package and attachments:
• Proposed Resolution No. OCSD 15-06
• Resolution No. OCSD 14-04
Page 2 of 3
RESOLUTION NO. OCSD 15-06
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT ADOPTING A
REVISED POLICY REGARDING BOARD OF DIRECTORS'
EXPENSE REIMBURSEMENT AND MEETING ATTENDANCE
AND COMPENSATION AND REPEALING RESOLUTION NO.
OCSD 14-04
WHEREAS, pursuant to Government Code section 53232.2, the Board of Directors
has adopted a written policy specifying the types of occurrences that qualify a member of
the Board of Directors to receive reimbursement of expenses related to travel, meals,
lodging, and other actual and necessary expenses; and
WHEREAS, the District currently has no uniform procedure for calculating and
reimbursing travel expenses for meetings; and
WHEREAS, the Board of Directors desires to revise its policies to standardize the
calculation and reimbursement of travel expenses for meetings;
NOW, THEREFORE, the Board of Directors of Orange County Sanitation District,
DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1: Adoption of Policy and Establishment of Procedures. The Board of
Directors hereby adopts the revised Policy Regarding Board of Directors' Expense
Reimbursement and Meeting Attendance and Compensation, set forth on Exhibit "A",
attached hereto and incorporated herein by reference.
Section 2: Rescission of Inconsistent Resolutions and Policies. Resolution No.
OCSD 14-04 is hereby rescinded. In addition, any prior resolutions and/or policies
established by the Board of Directors that are in conflict with the policy set forth in Exhibit
"A" shall be deemed rescinded to the extent of such conflict.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
February 25, 2015,
Tom Beamish
Chairman of the Board
ATTEST:
Kelly Lore
Acting Clerk of the Board
1069790.1 OCSD 15-06-1
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, Kelly Lore, Clerk of the Board of Directors of the Orange County Sanitation
District, do hereby certify that the foregoing Resolution No. OCSD 15-06 was passed and
adopted at a regular meeting of said Board on the 25th day of February, 2015, by the
following vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of Orange County Sanitation District this 25th day of February, 2015.
Kelly Lore
Acting Clerk of the Board of Directors
Orange County Sanitation District
1069790.1 OCSD 15-06-2
EXHIBIT "A"
ORANGE COUNTY SANITATION DISTRICT
POLICY REGARDING BOARD OF DIRECTORS' EXPENSE
REIMBURSEMENT AND MEETING ATTENDANCE AND COMPENSATION
This Policy applies to all regular District Board Members and Alternate Board
Members.
ARTICLE I: TERMS AND DEFINITIONS
As used in this Policy, the following terms shall have the identified meanings.
"Accountable Plan" shall mean the Internal Revenue Service Publication No.
463 for Travel, Entertainment, Gift and Car Expenses, or any successor publication.
"Alternate Board Member" shall mean a Member of the District's Board of
Directors designated by the Director's agency to serve in the absence of the Board
Member.
"Board Chair"shall mean the Member of the District's Board of Directors who
has been elected by the other Members to serve as Chair.
"Board Vice-Chair" shall mean the Member of the District's Board of Directors
who has been elected by the other Members to serve as Vice-Chair. Whenever this
Policy authorizes or requires the Board Chair to act, the Board Vice-Chair may act in the
event that the Board Chair is reasonably unavailable to act.
"Board Member" shall mean a Member of the District's Board of Directors,
appointed by a member agency pursuant to California Health and Safety Code Section
4730.65.
"Director" shall mean a Member of the District's Board of Directors, and is the
same as "Board Member" as described above.
"Incidentals" shall mean any minor, miscellaneous expense incurred during
travel, including but not limited to, telephone, facsimile or computer connection service,
local ground transportation, baggage handling and storage, and snacks.
"Travel Liaison" shall mean the Secretary to the General Manager, or such
other employee as designated in writing by the General Manager.
1069790.1 OCSD 15-06-3
ARTICLE II. BUSINESS AND TRAVEL EXPENSE REIMBURSEMENT
Section 1: General Provisions.
The District shall reimburse Board Members for actual and necessary expenses
incurred in the performance of their official duties, in accordance with this Article II.
Reimbursable expenses include, but are not necessarily limited to, expenses related to
travel, meals, and lodging.
This Policy serves as the District's "Accountable Plan" under the applicable
requirements of the Internal Revenue Code and Treasury Regulations.
Section 2: Activities Eligible for Reimbursement.
Board Members may receive reimbursement for actual and necessary expenses
incurred in the performance of official duties in connection with the following activities:
i. Communicating with representatives of regional, state, and national
government on issues or matters affecting the District;
ii. Attending conferences and/or educational seminars designed to
improve the Board Members' expertise and information levels, including, but not limited
to, ethics training required pursuant to Government Code Section 53234;
Ill. Participating in regional, state, and national organizations whose
activities support the District's interests;
iv. Attending District events at the invitation of the Board Chair,
General Manager, or his/her designee; and
V. Implementing a strategy approved by the District for District-related
matters.
vi. Meetings such as those listed above for which compensation is
expressly authorized under this Policy.
A Board Member and his or her Alternate Board Member cannot both be compensated
for attendance at the same event without prior approval by the Board Chair.
Section 3: Responsibilities.
A. Directors shall be familiar with and comply with this Policy; ensure that all
travel and other reimbursable expenses are reasonable; coordinate multiple Director
participation at conferences to avoid unnecessary duplication; and promote economic
means of travel. The Board Chair may approve or deny requests for travel or business
activities and reimbursements for Board Members.
1069790.1 OCSD 15-06-4
B. The General Manager shall be familiar with and comply with this Policy;
ensure all travel and other reimbursable expenses are reasonable; coordinate multiple
Director participation at conferences; and promote economic means of travel.
C. The Travel Liaison shall be familiar with and comply with this Policy;
promote economic and reasonable means of travel; and inform the General Manager of
all travel expenses that have not been reconciled. The Travel Liaison will also arrange
all travel, lodging, accommodations, and seminar/conference registrations for Directors.
The Travel Liaison shall use the District's designated travel agency for booking all air
and ground travel. The General Manager is authorized to grant exceptions on a case-
by-case basis. Any travel or registration not booked through the Travel Liaison, or not
granted an exception, may be subject to payment by the Director without
reimbursement from the District.
D. The District Controller shall be familiar with and comply with this Policy;
ensure all travel and other reimbursable expenses conform to this Policy.
Section 4: Designated Travel Agency.
The District will designate a single travel agency for the Travel Liaison to use to
arrange all travel and lodging accommodations for Directors.
Section 5: Seminars. Conferences. and Meetings.
A. Directors may from time to time receive requests or may elect to attend
meetings or conferences pertaining to the water and wastewater utility industry.
Attendance at seminars, conferences, and meetings, such as the aforementioned, must
be approved in advance by the Steering Committee, except when specifically pre-
authorized by this Policy. In the event there is not sufficient time to receive approval
from the Steering Committee, the Board Chair has the authority to approve such a
request in advance. Any such approval shall be ratified by the Steering Committee at
its next regularly scheduled meeting.
B. Directors may be asked to, or may desire to, give presentations or
otherwise represent the District at seminars, conferences, or meetings. Any Director
wishing to attend such events and represent the District by providing a presentation or
oral commentary shall request and receive advance authorization from the Steering
Committee. If such a request is granted, all expense reimbursements and travel and
meeting attendance requirements shall comply with this Policy. In the event there is not
sufficient time to receive authorization to act as District representative from the Steering
Committee, the Board Chair has the authority to approve such a request in advance.
Any such approval shall be ratified by the Steering Committee at its next regularly
scheduled meeting.
1069790.1 OCSD 15-06-5
C. The number of Directors attending a seminar, conference, or meeting
should be minimized, and there must be a District business reason for attendance.
Such reasons would include, but are not limited to: presentation of technical findings;
attendance at committee meetings, or technical sessions dealing with issues related to
District business; or participation as an officer of the association or trade group
organizing the event.
D. Seminars must be selected based on value to the District. Benefits would
include improved efficiency and effectiveness, as well as becoming familiar with new
regulatory standards. Preference will be given to seminars that are provided within the
Southern California region.
E. Attendance at seminars, conferences, or meetings in "destination resort"
areas outside California or areas outside the continental United States may only be
approved by the Steering Committee.
Section 6: Ground Transportation.
A. The most economical mode and class of transportation reasonably
consistent with travel and scheduling requirements will be used. Each Director shall be
reimbursed at the rate per mile established by the United States Internal Revenue
Service as allowable for mileage expense deduction for use of a personal vehicle on
business of the District. As said allowable rate established by the Internal Revenue
Service is periodically changed, said changes in the reimbursement rate shall become
effective on the first day of the month following the month in which the change is
announced by the Internal Revenue Service.
B. In no event shall the amount paid for mileage reimbursement for use of a
personally-owned vehicle used for travel in lieu of air travel, exceed the lowest available
cost of coach class airfare.
C. Personally-owned vehicles used in the conduct of District business must
be insured for property and liability damage in an amount not less than the minimum
limits required by the California Financial Responsibility Act.
D. Reasonable vehicle parking and storage costs will be allowed when rental
or personally-owned vehicles are used for District business.
E. Highway and bridge tolls are allowable expenses when incurred while
conducting District business.
F. Directors should only use rental cars for ground transportation when
necessary or when it is less expensive than other forms of transportation such as trains,
buses, taxis, or shuttles. Discretion must be used in selecting rental car size. The
rental car should be the smallest size that provides adequate safety and comfort for the
1069790.1 OCSD 15-06-6
period of time it is in use. To accommodate a group of travelers, a larger vehicle may
be rented in lieu of renting separate vehicles.
G. Directors will not be reimbursed for any surplus insurance purchased for
rental cars. The District and Director are sufficiently insured through existing District
policies. Only Directors are allowed to operate rental cars.
H. Use of chauffeur-driven limousines is not allowed while conducting District
business.
I. When using ground transportation other than personally-owned vehicles,
Directors shall use government and group rates offered by the provider of transportation
services when available.
Section7: Air Travel .
A. Air Travel must be at coach class level. First class travel will only be
allowed on an exception basis and must be approved in advance by the Board Chair,
based upon physical needs or ability to conduct meaningful work while on board.
B. Air Travel should be arranged as early as possible to take advantage of
reduced fares for early reservations. Consideration should be given to alternative
departure times, departure and arrival airports, dates, flight times, and stopovers to
minimize airfares; however, the total cost of the alternatives (e.g., ground transportation,
lodging) should also be considered in selecting an alternative. Internet booking services
can be consulted to help in finding the optimum alternative; however, flights must still be
reserved by the Travel Liaison.
C. Government and group rates for airline travel shall be used when
available.
Section 8: Lodging.
A. Government and group rates offered by a provider of lodging services
shall be used when available.
B. When travel is to a conference or organized educational activity, lodging
costs shall not exceed the maximum group published by the conference or activity
sponsor. Some conferences require early booking to take advantage of reduced rates.
If lodging cannot be arranged at the conference group rate, other lodging
accommodations may also be arranged if the cost is less than or equal to the
conference group rate.
C. Overnight stays may be allowed for meetings or training functions lasting
more than one day in OCSD's general geographical area (Orange, Los Angeles,
1069790.1 OCSD 15-06-7
Ventura, San Bernardino, Riverside, San Diego, Imperial and Kern Counties) when the
travel time involved is significant.
Section 9: Meals and Incidentals.
Meal expenses are allowed while Directors are traveling. Expenditures for meals
will be moderate and reasonable. Expenses for meals not associated with travel but
related to an appropriate business purpose meeting, are also allowed. Non-travel
business meals will only be reimbursed if taken in conjunction with a District business
meeting. All meals that are subject to reimbursement will not exceed the rates indicated
below.
A. Reimbursement Rates. Directors will be reimbursed for actual meal
expenses, including all taxes and gratuities, up to the amounts in Internal Revenue
Service Publication 463, or any successor publication, or as specifically indicated below,
whichever is less. If meal expenses exceed the allowance amount, the Director will only
be reimbursed the allowance amount, with the remainder being paid by the Director. If
meal expenses are less than the allowable amount, only the actual expense amount will
be reimbursed. All meal expenses must be documented in detail in accordance with
this Policy. When receipts are provided, the maximum per meal/expense
reimbursements are as follows:
Breakfast $15.00
Lunch $20.00
Dinner $30.00
Snacks $10.00
Multiple meal expenses cannot be combined to pay for a more expensive single
meal. The Policy is applied strictly as a per meal expense. In no event will a Director
be reimbursed more than $75 per travel day.
Receipts must provide a detailed account from the restaurant describing actual
costs. Restaurant bill stubs do not provide sufficient detail and are not acceptable for
reimbursement. Credit card receipts may be accepted, subject to Board Chair approval
if itemized, if detailed meal receipts are not provided by the restaurant.
B. Non-Reimbursable Meals and Incidentals. Directors will not be
reimbursed for the following:
i. Meals that are included in the cost of a conference or seminar, nor
for meals taken elsewhere in lieu of the meal provided.
ii. Meals provided by others. Conflict of interest policies and
applicable statutes should be considered when providing meals for or receiving meals
from persons or entities other than the District representatives.
1069790.1 OCSD 15-06-8
Ill. Meals provided to a spouse or guest.
iv. Alcoholic beverages.
Section 10: Extended Travel and/or Travel with Family Members.
A. When a Director elects to extend his/her stay at travel destinations, or
when traveling with family members, all expenses related to such extended or family
travel, including, but not limited to airfare, extra meals, extended car rental, lodging, or
incidentals shall be paid by the Director without reimbursement.
B. When travel time restrictions or transportation discounts make it desirable
for a Director to arrive at a conference, seminar, or meeting a day early, or to stay an
additional day, those travel days must be approved by the Board Chair in advance.
Section 11: Requests for Reimbursement.
A. Requests for reimbursement shall be submitted and coordinated through
the Travel Liaison, no later than three weeks after the travel has concluded. The Travel
Liaison shall ensure that all applicable forms and receipts are prepared and attached,
and follow District procedure on expense reimbursement. A delinquent expense report
will not be reimbursed unless justified in writing and approved by the Board Chair. All
requests for reimbursement must be accompanied by receipts or documentation
evidencing each expense. Improper expenditures, or those not adequately
documented, will not be reimbursed. Non-essential expenses, including but not limited
to, in-room movies, service bar, and similar extras will not be reimbursed.
B. All expense reports shall include detailed receipts and state the date, type
of expense, District business purpose, those in attendance and their affiliations, and
amounts expended. If a receipt is misplaced or lost, a lost/unavailable receipts
memorandum must be prepared detailing the information required for the expense
report, including the date, payee, description of the expense, business purpose, those in
attendance, and the amount. The memorandum must be signed by the General
Manager and attached to the reimbursement request.
Section 12: Brief Reports to Board.
At the next regular meeting of the Board of Directors following the event for which
reimbursable expenses are incurred, Directors shall briefly report, orally or in writing, on
any meetings attended at District expense. If multiple Directors attended the meeting at
District expense, a joint report may be made to the Board of Directors.
1069790.1 OCSD 15-06-9
Section 13: Misuse of Resources: Falsification of Reports.
Any Board member that misuses public resources, or falsifies expense reports,
may lose reimbursement privileges, be required to pay restitution, and/or be subject to
civil penalties and/or criminal prosecution.
ARTICLE III. COMPENSATION
Section 1: Stipends and Compensation.
A. Rate. Directors shall be paid compensation for each meeting attended
and for each day's service rendered as a member of the Board, at the rate established
by District Ordinance, in accordance with this Policy. Directors may receive
compensation up to a maximum number of days each month, as prescribed by District
Ordinance.
B. Authorized Meetings. Directors shall receive compensation, without
further action or authorization of the Steering Committee or Board of Directors, for
attendance at the following:
i. Board of Directors Meetings, Standing Committee Meetings, Special
Committee Meetings, and Ad Hoc Committee Meetings, at which the Director is a duly
appointed member;
ii. Meetings, conferences, and committee meetings of the California
Association of Sanitation Agencies, and the National Association of Clean Water
Agencies;
iii. Meetings of other governmental agencies to which the Director was
appointed by the Board Chair;
iv. Meetings or events approved by the Board Chair. Meetings or events
not approved by the Board Chair or listed above are not considered business of the
District.
C. Travel Reimbursement. For the purposes of calculating mileage to attend
the meetings described in Section 1B of this Article, Directors shall be reimbursed for
the lesser of: the mileage from their primary administrative local government office, or
the actual distance travelled.
1069790.1 OCSD 15-06-10
Section 2: Waiver of Compensation.
Directors may waive their compensation or so choose to be compensated at a
lower rate than the rate established under District Ordinance. Such requests must be
submitted in writing to the Clerk of the Board.
Section 3: Additional Service Subject to Compensation.
Each day's service rendered as a Member of the District's Board of Directors
shall be deemed to include, but not be limited to:
A. Attendance at any meeting of a Committee of which the Director is not a
member, when expressly invited or requested to attend by the Board Chair.
B. Attendance at conferences or meetings with State and/or Federal
Legislators regarding District business, when approved by the Steering Committee.
C. Attendance at a meeting, hearing, or conference relating to the business
of the District, when approved by the Steering Committee or Board Chair, or when
designated by the General Manager with the concurrence of the Board Vice-Chair in
advance, and when deemed to be in the best interests of the District, including but not
limited to the following:
i. Meetings of nonprofit organizations or service club meetings where
a Board Member is making a presentation on behalf of the District.
ii. Ceremonial events when attending as an official representative of
the Board of Directors of the District.
iii. Meetings with other elected officials or their employees, which may
or may not include District staff.
iv. Meetings of the governing body of another agency, of which the
District has an official delegate, where a matter directly affecting the interests of the
District is agendized for discussion and the Board Member is not compensated by the
other agency.
V. Meetings with District Staff.
vi. Industry related conferences other than California Association of
Sanitation Agencies' or National Association of Clean Water Agencies' work
conferences.
vii. Telephone conferences when physical attendance is impractical
and not mandatory.
1069790.1 OCSD 15-06-11
viii. Ethics training required by Government Code sections 53234 —
53235.5.
Section 4: Non Comoensable Attendance.
Board Members shall not be compensated for the following meetings where there
is no District-related business to be conducted:
A. Nonprofit organization meetings.
B. Nonprofit organization events.
C. District-sponsored employee events, including, but not limited to,
the annual holiday luncheon, employee picnic, or retirement events.
D. Social or ceremonial events not pre-authorized by the Steering
Committee.
E. Service club meetings other than those included in Sections 1 and
3 above.
F. Parades, festivals, holiday events, or retirement dinners.
G. Meetings with existing or potential contractors, vendors, or
consultants.
H. Meetings of partisan political organizations.
I. Meetings, tours, and similar events conducted at the request of the
Board Member.
Section 5: One meeting per day.
No Director shall receive compensation for attendance at more than one meeting
on any one calendar day.
Section 6: Alternates.
No Alternate Director shall receive compensation for attendance at any meeting
or event unless serving in the absence of the regular Director, unless the Board Chair
invites the Alternate Director to attend the meeting and approves payment of
compensation.
1069790.1 OCSD 15-06-12
ARTICLE IV. EFFECTIVE DATE
This Policy was duly adopted by action of the Board of Directors, on February 25,
2015 and shall be effective upon its adoption.
1069790.1 OCSD 15-06-13
RESOLUTION NO. OCSD 14-04
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT ADOPTING A
REVISED POLICY REGARDING BOARD OF DIRECTORS'
EXPENSE REIMBURSEMENT AND MEETING ATTENDANCE
AND COMPENSATION AND REPEALING RESOLUTION NO.
OCSD 06-11
WHEREAS, pursuant to Government Code section 53232.2, the Board of Directors
has adopted a written policy specifying the types of occurrences that qualify a member of
the Board of Directors to receive reimbursement of expenses related to travel, meals,
lodging, and other actual and necessary expenses; and
WHEREAS, pursuant to Health & Safety Code section 4733, the District has
adopted an Ordinance and a written policy authorizing the payment of compensation to
members of the Board of Directors for attendance at meetings and for each day's service
rendered as a member by request of the Board Chair; and
WHEREAS, the Board of Directors desires to revise its policies for expense
reimbursement and compensation;
NOW, THEREFORE, the Board of Directors of Orange County Sanitation District,
DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1: Adoption of Policy and Establishment of Procedures. The Board of
Directors hereby adopts the revised Policy Regarding Board of Directors' Expense
Reimbursement and Meeting Attendance and Compensation, set forth on Exhibit "A",
attached hereto and incorporated herein by reference.
Section 2: Rescission of Inconsistent Resolutions and Policies. Resolution No.
OCSD 06-11 is hereby rescinded. In addition, any prior resolutions and/or policies
established by the Board of Directors that are in conflict with the policy set forth in Exhibit
"A" shall be deemed rescinded to the extent of such conflict.
PASSED AND ADOPTED at a regular meeting held March 26, 2014.
Troy Edg r
Chairman of t Board
ATTEST:
Maria Ayala
Clerk of the Board
%2749.2 DD8D 14-04-1
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, Maria E. Ayala, Clerk of the Board of Directors of the Orange County Sanitation
District, do hereby certify that the foregoing Resolution No. OCSD 14-04 was passed and
adopted at a regular meeting of said Board on the 26th day of March 2014, by the
following vote, to wit:
AYES: Beamish, Benavides, Choi, Curry, Diep, Edgar, Ferryman,
Hernandez, Jones, Kim, Kring, Levitt, Murdock, Nagel, Nelson,
Nguyen, Nielsen, Reinhart (Alternate), Seabourn, Shawver,
Smith, F., Smith, T., and Sullivan (Alternate).
NOES: None.
ABSTENTIONS: None.
ABSENT: Narain and Reese.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of Orange County Sanitation District this 26th day of March, 2014.
Maria . Ayala
Clerk of the Board of Directors
Orange County Sanitation District
962749.2 OCSD 14-04-2
EXHIBIT "A"
ORANGE COUNTY SANITATION DISTRICT
POLICY REGARDING BOARD OF DIRECTORS' EXPENSE
REIMBURSEMENT AND MEETING ATTENDANCE AND COMPENSATION
This Policy applies to all regular District Board Members and Alternate Board
Members.
ARTICLE I: TERMS AND DEFINITIONS
As used in this Policy, the following terms shall have the identified meanings.
"Accountable Plan" shall mean the Internal Revenue Service Publication No.
463 for Travel, Entertainment, Gift and Car Expenses, or any successor publication.
"Alternate Board Member" shall mean a Member of the District's Board of
Directors designated by the Director's agency to serve in the absence of the Board
Member.
"Board Chair"shall mean the Member of the District's Board of Directors who
has been elected by the other Members to serve as Chair.
"Board Vice-Chair" shall mean the Member of the District's Board of Directors
who has been elected by the other Members to serve as Vice-Chair. Whenever this
Policy authorizes or requires the Board Chair to act, the Board Vice-Chair may act in the
event that the Board Chair is reasonably unavailable to act.
"Board Member" shall mean a Member of the District's Board of Directors,
appointed by a member agency pursuant to California Health and Safety Code Section
4730.65.
"Director" shall mean a Member of the District's Board of Directors, and is the
same as "Board Member" as described above.
"Incidentals" shall mean any minor, miscellaneous expense incurred during
travel, including but not limited to, telephone, facsimile or computer connection service,
local ground transportation, baggage handling and storage, and snacks.
"Travel Liaison" shall mean the Secretary to the General Manager, or such
other employee as designated in writing by the General Manager.
9627492 OCSD 14-04-3
ARTICLE II. BUSINESS AND TRAVEL EXPENSE REIMBURSEMENT
Section 1: General Provisions.
The District shall reimburse Board Members for actual and necessary expenses
incurred in the performance of their official duties, in accordance with this Article II.
Reimbursable expenses include, but are not necessarily limited to, expenses related to
travel, meals, and lodging.
This Policy serves as the District's "Accountable Plan" under the applicable
requirements of the Internal Revenue Code and Treasury Regulations.
Section 2: Activities Eligible for Reimbursement.
Board Members may receive reimbursement for actual and necessary expenses
incurred in the performance of official duties in connection with the following activities:
i. Communicating with representatives of regional, state, and national
government on issues or matters affecting the District;
ii. Attending conferences and/or educational seminars designed to
improve the Board Members' expertise and information levels, including, but not limited
to, ethics training required pursuant to Government Code Section 53234;
iii. Participating in regional, state, and national organizations whose
activities support the District's interests;
iv. Attending District events at the invitation of the Board Chair,
General Manager, or his/her designee; and
V. Implementing a strategy approved by the District for District-related
matters.
vi. Meetings such as those listed above for which compensation is
expressly authorized under this Policy.
A Board Member and his or her Alternate Board Member cannot both be compensated
for attendance at the same event without prior approval by the Board Chair.
Section 3: Responsibilities.
A. Directors shall be familiar with and comply with this Policy; ensure that all
travel and other reimbursable expenses are reasonable; coordinate multiple Director
participation at conferences to avoid unnecessary duplication; and promote economic
means of travel. The Board Chair may approve or deny requests for travel or business
activities and reimbursements for Board Members.
962749.2 OCSD 14-044
B. The General Manager shall be familiar with and comply with this Policy;
ensure all travel and other reimbursable expenses are reasonable; coordinate multiple
Director participation at conferences; and promote economic means of travel.
C. The Travel Liaison shall be familiar with and comply with this Policy;
promote economic and reasonable means of travel; and inform the General Manager of
all travel expenses that have not been reconciled. The Travel Liaison will also arrange
all travel, lodging, accommodations, and seminar/conference registrations for Directors.
The Travel Liaison shall use the District's designated travel agency for booking all air
and ground travel. The General Manager is authorized to grant exceptions on a case-
by-case basis. Any travel or registration not booked through the Travel Liaison, or not
granted an exception, may be subject to payment by the Director without
reimbursement from the District.
D. The District Controller shall be familiar with and comply with this Policy;
ensure all travel and other reimbursable expenses conform to this Policy.
Section 4: Designated Travel Agency.
The District will designate a single travel agency for the Travel Liaison to use to
arrange all travel and lodging accommodations for Directors.
Section 5: Seminars. Conferences. and Meetings.
A. Directors may from time to time receive requests or may elect to attend
meetings or conferences pertaining to the water and wastewater utility industry.
Attendance at seminars, conferences, and meetings, such as the aforementioned, must
be approved in advance by the Steering Committee, except when specifically pre-
authorized by this Policy. In the event there is not sufficient time to receive approval
from the Steering Committee, the Board Chair has the authority to approve such a
request in advance. Any such approval shall be ratified by the Steering Committee at
its next regularly scheduled meeting.
B. Directors may be asked to, or may desire to, give presentations or
otherwise represent the District at seminars, conferences, or meetings. Any Director
wishing to attend such events and represent the District by providing a presentation or
oral commentary shall request and receive advance authorization from the Steering
Committee. If such a request is granted, all expense reimbursements and travel and
meeting attendance requirements shall comply with this Policy. In the event there is not
sufficient time to receive authorization to act as District representative from the Steering
Committee, the Board Chair has the authority to approve such a request in advance.
Any such approval shall be ratified by the Steering Committee at its next regularly
scheduled meeting.
962749.2 OCSD 14-04-5
C. The number of Directors attending a seminar, conference, or meeting
should be minimized, and there must be a District business reason for attendance.
Such reasons would include, but are not limited to: presentation of technical findings;
attendance at committee meetings, or technical sessions dealing with issues related to
District business; or participation as an officer of the association or trade group
organizing the event.
D. Seminars must be selected based on value to the District. Benefits would
include improved efficiency and effectiveness, as well as becoming familiar with new
regulatory standards. Preference will be given to seminars that are provided within the
Southern California region.
E. Attendance at seminars, conferences, or meetings in "destination resort"
areas outside California or areas outside the continental United States may only be
approved by the Steering Committee.
Section 6: Ground Transportation.
A. The most economical mode and class of transportation reasonably
consistent with travel and scheduling requirements will be used. Each Director shall be
reimbursed at the rate per mile established by the United States Internal Revenue
Service as allowable for mileage expense deduction for use of a personal vehicle on
business of the District. As said allowable rate established by the Internal Revenue
Service is periodically changed, said changes in the reimbursement rate shall become
effective on the first day of the month following the month in which the change is
announced by the Internal Revenue Service.
B. In no event shall the amount paid for mileage reimbursement for use of a
personally-owned vehicle used for travel in lieu of air travel, exceed the lowest available
cost of coach class airfare.
C. Personally-owned vehicles used in the conduct of District business must
be insured for property and liability damage in an amount not less than the minimum
limits required by the California Financial Responsibility Act.
D. Reasonable vehicle parking and storage costs will be allowed when rental
or personally-owned vehicles are used for District business.
E. Highway and bridge tolls are allowable expenses when incurred while
conducting District business.
F. Directors should only use rental cars for ground transportation when
necessary or when it is less expensive than other forms of transportation such as trains,
buses, taxis, or shuttles. Discretion must be used in selecting rental car size. The
rental car should be the smallest size that provides adequate safety and comfort for the
962749.2 OCSD 14-04-6
period of time it is in use. To accommodate a group of travelers, a larger vehicle may
be rented in lieu of renting separate vehicles.
G. Directors will not be reimbursed for any surplus insurance purchased for
rental cars. The District and Director are sufficiently insured through existing District
policies. Only Directors are allowed to operate rental cars.
H. Use of chauffeur-driven limousines is not allowed while conducting District
business.
I. When using ground transportation other than personally-owned vehicles,
Directors shall use government and group rates offered by the provider of transportation
services when available.
Section 7: Air Travel .
A. Air Travel must be at coach class level. First class travel will only be
allowed on an exception basis and must be approved in advance by the Board Chair,
based upon physical needs or ability to conduct meaningful work while on board.
B. Air Travel should be arranged as early as possible to take advantage of
reduced fares for early reservations. Consideration should be given to alternative
departure times, departure and arrival airports, dates, flight times, and stopovers to
minimize airfares; however, the total cost of the alternatives (e.g., ground transportation,
lodging) should also be considered in selecting an alternative. Internet booking services
can be consulted to help in finding the optimum alternative; however, flights must still be
reserved by the Travel Liaison.
C. Government and group rates for airline travel shall be used when
available.
Section 8: Lodging.
A. Government and group rates offered by a provider of lodging services
shall be used when available.
B. When travel is to a conference or organized educational activity, lodging
costs shall not exceed the maximum group published by the conference or activity
sponsor. Some conferences require early booking to take advantage of reduced rates.
If lodging cannot be arranged at the conference group rate, other lodging
accommodations may also be arranged if the cost is less than or equal to the
conference group rate.
C. Overnight stays may be allowed for meetings or training functions lasting
more than one day in OCSD's general geographical area (Orange, Los Angeles,
962749.2 OCSD 14-04-7
Ventura, San Bernardino, Riverside, San Diego, Imperial and Kern Counties) when the
travel time involved is significant.
Section 9: Meals and Incidentals.
Meal expenses are allowed while Directors are traveling. Expenditures for meals
will be moderate and reasonable. Expenses for meals not associated with travel but
related to an appropriate business purpose meeting, are also allowed. Non-travel
business meals will only be reimbursed if taken in conjunction with a District business
meeting. All meals that are subject to reimbursement will not exceed the rates indicated
below.
A. Reimbursement Rates. Directors will be reimbursed for actual meal
expenses, including all taxes and gratuities, up to the amounts in Internal Revenue
Service Publication 463, or any successor publication, or as specifically indicated below,
whichever is less. If meal expenses exceed the allowance amount, the Director will only
be reimbursed the allowance amount, with the remainder being paid by the Director. If
meal expenses are less than the allowable amount, only the actual expense amount will
be reimbursed. All meal expenses must be documented in detail in accordance with
this Policy. When receipts are provided, the maximum per meal/expense
reimbursements are as follows:
Breakfast $15.00
Lunch $20.00
Dinner $30.00
Snacks $10.00
Multiple meal expenses cannot be combined to pay for a more expensive single
meal. The Policy is applied strictly as a per meal expense. In no event will a Director
be reimbursed more than $75 per travel day.
Receipts must provide a detailed account from the restaurant describing actual
costs. Restaurant bill stubs do not provide sufficient detail and are not acceptable for
reimbursement. Credit card receipts may be accepted, subject to Board Chair approval
if itemized, if detailed meal receipts are not provided by the restaurant.
B. Non-Reimbursable Meals and Incidentals. Directors will not be
reimbursed for the following:
i. Meals that are included in the cost of a conference or seminar, nor
for meals taken elsewhere in lieu of the meal provided.
ii. Meals provided by others. Conflict of interest policies and
applicable statutes should be considered when providing meals for or receiving meals
from persons or entities other than the District representatives.
962749.2 OCSD 14-04-8
Ill. Meals provided to a spouse or guest.
iv. Alcoholic beverages.
Section 10: Extended Travel and/or Travel with Family Members.
A. When a Director elects to extend his/her stay at travel destinations, or
when traveling with family members, all expenses related to such extended or family
travel, including, but not limited to airfare, extra meals, extended car rental, lodging, or
incidentals shall be paid by the Director without reimbursement.
B. When travel time restrictions or transportation discounts make it desirable
for a Director to arrive at a conference, seminar, or meeting a day early, or to stay an
additional day, those travel days must be approved by the Board Chair in advance.
Section 11: Requests for Reimbursement.
A. Requests for reimbursement shall be submitted and coordinated through
the Travel Liaison, no later than three weeks after the travel has concluded. The Travel
Liaison shall ensure that all applicable forms and receipts are prepared and attached,
and follow District procedure on expense reimbursement. A delinquent expense report
will not be reimbursed unless justified in writing and approved by the Board Chair. All
requests for reimbursement must be accompanied by receipts or documentation
evidencing each expense. Improper expenditures, or those not adequately
documented, will not be reimbursed. Non-essential expenses, including but not limited
to, in-room movies, service bar, and similar extras will not be reimbursed.
B. All expense reports shall include detailed receipts and state the date, type
of expense, District business purpose, those in attendance and their affiliations, and
amounts expended. If a receipt is misplaced or lost, a lostlunavailable receipts
memorandum must be prepared detailing the information required for the expense
report, including the date, payee, description of the expense, business purpose, those in
attendance, and the amount. The memorandum must be signed by the General
Manager and attached to the reimbursement request.
Section 12: Brief Reports to Board.
At the next regular meeting of the Board of Directors following the event for which
reimbursable expenses are incurred, Directors shall briefly report, orally or in writing, on
any meetings attended at District expense. If multiple Directors attended the meeting at
District expense, a joint report may be made to the Board of Directors.
962749.2 OCSD 14-D4-9
Section 13: Misuse of Resources: Falsification of Reports.
Any Board member that misuses public resources, or falsifies expense reports,
may lose reimbursement privileges, be required to pay restitution, and/or be subject to
civil penalties and/or criminal prosecution.
ARTICLE III. COMPENSATION
Section 1: Stipends and Compensation.
A. Rate. Directors shall be paid compensation for each meeting attended
and for each day's service rendered as a member of the Board, at the rate established
by District Ordinance, in accordance with this Policy. Directors may receive
compensation up to a maximum number of days each month, as prescribed by District
Ordinance.
B. Authorized Meetings. Directors shall receive compensation, without
further action or authorization of the Steering Committee or Board of Directors, for
attendance at the following:
i. Board of Directors Meetings, Standing Committee Meetings, Special
Committee Meetings, and Ad Hoc Committee Meetings, at which the Director is a duly
appointed member;
ii. Meetings, conferences, and committee meetings of the California
Association of Sanitation Agencies, and the National Association of Clean Water
Agencies;
iii. Meetings of other governmental agencies to which the Director was
appointed by the Board Chair;
iv. Meetings or events approved by the Board Chair. Meetings or events
not approved by the Board Chair or listed above are not considered business of the
District.
Section 2: Waiver of Compensation.
Directors may waive their compensation or so choose to be compensated at a
lower rate than the rate established under District Ordinance. Such requests must be
submitted in writing to the Clerk of the Board.
Section 3: Additional Service Subject to Compensation.
Each day's service rendered as a Member of the District's Board of Directors
shall be deemed to include, but not be limited to:
%2749 z OCSD 14-04-10
A. Attendance at any meeting of a Committee of which the Director is not a
member, when expressly invited or requested to attend by the Board Chair.
B. Attendance at conferences or meetings with State and/or Federal
Legislators regarding District business, when approved by the Steering Committee.
C. Attendance at a meeting, hearing, or conference relating to the business
of the District, when approved by the Steering Committee or Board Chair, or when
designated by the General Manager with the concurrence of the Board Vice-Chair in
advance, and when deemed to be in the best interests of the District, including but not
limited to the following:
i. Meetings of nonprofit organizations or service club meetings where
a Board Member is making a presentation on behalf of the District.
ii. Ceremonial events when attending as an official representative of
the Board of Directors of the District.
Ill. Meetings with other elected officials or their employees, which may
or may not include District staff.
iv. Meetings of the governing body of another agency, of which the
District has an official delegate, where a matter directly affecting the interests of the
District is agendized for discussion and the Board Member is not compensated by the
other agency.
V. Meetings with District Staff.
vi. Industry related conferences other than California Association of
Sanitation Agencies' or National Association of Clean Water Agencies' work
conferences.
vii. Telephone conferences when physical attendance is impractical
and not mandatory.
viii. Ethics training required by Government Code sections 53234 —
53235.5.
Section 4: Non Comoensable Attendance.
Board Members shall not be compensated for the following meetings where there
is no District-related business to be conducted:
A. Nonprofit organization meetings.
962749.2 OCSD 14-04-11
B. Nonprofit organization events.
C. District-sponsored employee events, including, but not limited to,
the annual holiday luncheon, employee picnic, or retirement events.
D. Social or ceremonial events not pre-authorized by the Steering
Committee.
E. Service club meetings other than those included in Sections 1 and
3 above.
F. Parades, festivals, holiday events, or retirement dinners.
G. Meetings with existing or potential contractors, vendors, or
consultants.
H. Meetings of partisan political organizations.
I. Meetings, tours, and similar events conducted at the request of the
Board Member.
Section 5: One meeting per day.
No Director shall receive compensation for attendance at more than one meeting
on any one calendar day.
Section 6: Alternates.
No Alternate Director shall receive compensation for attendance at any meeting
or event unless serving in the absence of the regular Director, unless the Board Chair
invites the Alternate Director to attend the meeting and approves payment of
compensation.
ARTICLE IV. EFFECTIVE DATE
This Policy was duly adopted by action of the Board of Directors, on March 26,
2014 and shall be effective upon its adoption.
9627492 OCSD 14-04-12
ORANGE COUNTY SANITATION DISTRICT
Agenda
Terminology Glossary
Glossary of Terms and Abbreviations
AQMD Air Quality Management District
ASCE American Society of Civil Engineers
BOD Biochemical Oxygen Demand
CARB California Air Resources Board
CASA California Association of Sanitation Agencies
CCTV Closed Circuit Television
CEQA California Environmental Quality Act
CRWQCB California Regional Water Quality Control Board
CWA Clean Water Act
CWEA California Water Environment Association
EIR Environmental Impact Report
EMT Executive Management Team
EPA U.S. Environmental Protection Agency
FOG Fats, Oils, and Grease
FSSD Facilities Support Services Department
gpd Gallons per day
GWR System Groundwater Replenishment System (also called GWRS)
ICS Incident Command System
IERP Integrated Emergency Control Plan
LOS Level of Service
MGD Million gallons per day
NACWA National Association of Clean Water Agencies
NPDES National Pollutant Discharge Elimination System
NWRI National Water Research Institute
O&M Operations and Maintenance
OCCOG Orange County Council of Governments
OCHCA Orange County Health Care Agency
OCSD Orange County Sanitation District
OCWD Orange County Water District
GOBS Ocean Outfall Booster Station
OSHA Occupational Safety and Health Administration
POTW Publicly Owned Treatment Works
ppm Parts per million
RFP Request For Proposal
RWQCB Regional Water Quality Control Board
SARFPA Santa Ana River Flood Protection Agency
Glossary of Terms and Abbreviations
SARI Santa Ana River Inceptor
SARWQCB Santa Ana Regional Water Quality Control Board
SAWPA Santa Ana Watershed Project Authority
SCADA Supervisory Control and Data Acquisition system
SCAP Southern California Alliance of Publicly Owned Treatment Works
SCAQMD South Coast Air Quality Management District
SOCWA South Orange County Wastewater Authority
SSMP Sanitary Sewer Management Plan
SSO Sanitary Sewer Overflow
SWRCB State Water Resources Control Board
TDS Total Dissolved Solids
TMDL Total Maximum Daily Load
TSS Total Suspended Solids
WDR Waste Discharge Requirements
WEF Water Environment Federation
WERF Water Environment Research Foundation
Activated-sludge process — A secondary biological wastewater treatment process where bacteria
reproduce at a high rate with the introduction of excess air or oxygen, and consume dissolved
nutrients in the wastewater.
Benthos— The community of organisms, such as sea stars, worms and shrimp, which live on, in, or
near the seabed, also know as the benthic zone.
Biochemical Oxygen Demand (BOD)—The amount of oxygen used when organic matter undergoes
decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in
water.
Biosolids — Biosolids are nutrient rich organic and highly treated solid materials produced by the
wastewater treatment process. This high-quality product can be recycled as a soil amendment on
farm land or further processed as an earth-like product for commercial and home gardens to improve
and maintain fertile soil and stimulate plant growth.
Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets.
Also includes treatment improvements, additional capacity, and projects for the support facilities.
Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but also
occasionally found elsewhere used as indicators of sewage pollution. E. coli are the most common
bacteria in wastewater.
Collections system — In wastewater, it is the system of typically underground pipes that receive and
convey sanitary wastewater or storm water.
Certificate of Participation (COP) —A type of financing where an investor purchases a share of the
lease revenues of a program rather than the bond being secured by those revenues.
Glossary of Terms and Abbreviations
Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic
wastewater contaminants.
Dilution to Threshold (D!f) — the dilution at which the majority of the people detect the odor
becomes the DrT for that air sample.
Greenhouse gases — In the order of relative abundance water vapor, carbon dioxide, methane,
nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse
effect").
Groundwater Replenishment (GWR) System — A joint water reclamation project that proactively
responds to Southern California's current and future water needs. This joint project between the
Orange County Water District and the Orange County Sanitation District provides 70 million gallons a
day of drinking quality water to replenish the local groundwater supply.
Levels of Service (LOS)—Goals to support environmental and public expectations for performance.
NDMA— N-Nitrosodimethylamine is an N-nitrosoamine suspected cancer-causing agent. It has been
found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide
with extra ultra-violet treatment.
National Biosolids Partnership (NBP) — An alliance of the National Association of Clean Water
Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S.
Environmental Protection Agency (EPA). NBP is committed to developing and advancing
environmentally sound and sustainable biosolids management practices that go beyond regulatory
compliance and promote public participation in order to enhance the credibility of local agency
biosolids programs and improved communications that lead to public acceptance.
Plume—A visible or measurable concentration of discharge from a stationary source or fixed facility.
Publicly-owned Treatment Works (POTW)— Municipal wastewater treatment plant.
Santa Ana River Interceptor (SARI) Line — A regional brine line designed to convey 30 million
gallons per day (MGD) of non-reclaimable wastewater from the upper Santa Ana River basin to the
ocean for disposal, after treatment.
Sanitary sewer — Separate sewer systems specifically for the carrying of domestic and industrial
wastewater. Combined sewers carry both wastewater and urban run-off.
South Coast Air Quality Management District (SCAQMD) — Regional regulatory agency that
develops plans and regulations designed to achieve public health standards by reducing emissions
from business and industry.
Secondary treatment — Biological wastewater treatment, particularly the activated-sludge process,
where bacteria and other microorganisms consume dissolved nutrients in wastewater.
Sludge—Untreated solid material created by the treatment of wastewater.
Total suspended solids (TSS)—The amount of solids floating and in suspension in wastewater.
Trickling filter — A biological secondary treatment process in which bacteria and other
microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in
wastewater as it trickles over them.
Glossary of Terms and Abbreviations
Urban runoff — Water from city streets and domestic properties that carry pollutants into the storm
drains, rivers, lakes, and oceans.
Wastewater—Any water that enters the sanitary sewer.
Watershed —A land area from which water drains to a particular water body. OCSD's service area is
in the Santa Ana River Watershed.