HomeMy WebLinkAbout08-28-2019 Steering Committee Agenda Packet.pdf Orange County Sanitation District Wednesday, August 28, 2019
Regular Meeting of the `� """�'�N 5:00 P.M.
STEERING COMMITTEE _ Administration Building
Conference Room A
• 10844 Ellis Avenue
Fountain Valley, CA 92708
Fit/Ne THE ENV\P�� (714) 593-7433
AGENDA
CALL TO ORDER
DECLARATION OF QUORUM: Clerk of the Board
PUBLIC COMMENTS: If you wish to address the Committee on any item, please complete a
Speaker's Form (located at the table at the back of the room) and submit it to the Clerk of the Board or
notify the Clerk of the Board the item number on which you want to speak. Speakers will be recognized by
the Chairperson and are requested to limit comments to three minutes.
REPORTS: The Committee Chairperson 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: The Consent Calendar Items are considered to be routine and will be
enacted, by the Committee, after one motion, without discussion. Any items withdrawn from the Consent
Calendar for separate discussion will be considered in the regular order of business.
1. APPROVAL OF MINUTES (Clerk of the Board)
RECOMMENDATION: Approve Minutes of the Regular Meeting of the Steering
Committee held July 24, 2019.
2. AMENDMENT TO BIG CANYON COUNTRY CLUB EASEMENT (Lorenzo Tyner)
RECOMMENDATION: Recommend to the Board of Directors to: Approve the
Amendment to Easement between Orange County Sanitation District and Big Canyon
Country Club to adjust the Orange County Sanitation District's easement to
correspond with the new sewer location within the Big Canyon Country Club in the
City of Newport Beach.
08/28/2019 Steering Committee Meeting Agenda Page 1 of 5
NON-CONSENT ITEMS:
3. SETTLEMENT AGREEMENT WITH ASEPTIC TECHNOLOGY, LLC
(Lan Wiborg)
RECOMMENDATION: Recommend to the Board of Directors to: Authorize the
General Manager to execute a Settlement Agreement to settle industrial wastewater
discharge enforcement matters with Aseptic Technology, LLC, a facility that
discharged without a valid Orange County Sanitation District permit, for $185,000
plus applicable fees and interest, in a form approved by General Counsel.
4. GENERAL MANAGER'S FISCAL YEAR 2019-20 DRAFT WORK PLAN
(Jim Herberg)
RECOMMENDATION: Recommend to the Board of Directors to: Receive and File
the General Manager's Fiscal Year 2019-2020 Draft Work Plan.
5. SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE SUPERVISOR
& PROFESSIONAL GROUPS (Laura Kalty)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Adopt Resolution No. OCSD 19-08, 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
2019/2020, 2020/2021 & 2021/2022"; and
B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs)
between Orange County Sanitation District and the two (2) Supervisory and
Professional Management Group bargaining units.
6. SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE ORANGE
COUNTY EMPLOYEES ASSOCIATION (Laura Kalty)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Adopt Resolution No. OCSD 19-09, 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, for Fiscal Years 2019/2020,
2020/2021 & 2021/2022"; and
B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs)
between Orange County Sanitation District and the three (3) Orange County
Employees Association bargaining units.
08/28/2019 Steering Committee Meeting Agenda Page 2 of 5
7. SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE
INTERNATIONAL UNION OF OPERATING ENGINEERS — LOCAL 501
(Laura Kalty)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Adopt Resolution No. OCSD 19-10, entitled, "A Resolution of the Board of
Directors of the Orange County Sanitation District approving the Memorandum
of Understanding between the Orange County Sanitation District and the
International Union of Operating Engineers, Local 501, for Fiscal Years
2019/2020, 2020/2021 & 2021/2022"; and
B. Direct staff to finalize and sign the Memoranda of Understanding (MOU)
between Orange County Sanitation District and the Local 501 bargaining
unit.
8. ELIMINATION OF UNFUNDED ACTUARIAL ACCRUED LIABILITY (UAAL) AND
NET PENSION LIABILITY (NPL) WITHIN THE ORANGE COUNTY EMPLOYEES'
RETIREMENT SYSTEM (Lorenzo Tyner)
RECOMMENDATION: Recommend to the Board of Directors to:
Direct staff to pay off the following amounts in the Orange County Sanitation District's
defined pension plan administered by the Orange County Employees' Retirement
System (OCERS) in an amount not to exceed $38 million:
• Unfunded Actuarial Accrued Liability (UAAL) in the amount of $9 million for
pension benefits
• Net Pension Liability (NPL) in the amount of $29 million for deferred investment
loss
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 Chairperson 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.
08/28/2019 Steering Committee Meeting Agenda Page 3 of 5
(1) CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION
(Government Code Section 54956.9(d)(2))
Number of Potential Cases: 1
Significant exposure to litigation: Claim of Jose Cruz
(2) CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency Designated Representatives: General Manager James Herberg, Assistant
General Manager Lorenzo Tyner, and Director of Human Resources Celia Chandler.
Unrepresented Employees: Confidential Group: Assistant Clerk of the Board; Clerk
of the Board; Human Resources Analyst; Human Resources Assistant; Human
Resources Supervisor; Principal HR Analyst; Secretary to the General Manager; and
Senior Human Resources Analyst.
(3) CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency Designated Representatives: General Manager James Herberg, Assistant
General Manager Lorenzo Tyner and Director of Human Resources Celia Chandler.
Unrepresented Employees: Managers Group: Administration Manager; Controller;
Engineering Manager; Environmental Laboratory & Ocean Monitoring Manager;
Human Resources & Risk Manager; IT Systems & Operations Manager; Maintenance
Manager; Operations Manager; and Purchasing and Contracts Manager.
(4) CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency Designated Representative: General Manager James Herberg, Assistant
General Manager Lorenzo Tyner and Director of Human Resources Celia Chandler.
Unrepresented Employees: Executive Managers Group: Assistant General
Manager; Director of Engineering; Director of Environmental Services; and Director
of Human Resources.
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:
08/28/2019 Steering Committee Meeting Agenda Page 4 of 5
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
At this time Board members may request staff to place an item on a future agenda.
ADJOURNMENT:
To the Steering Committee meeting scheduled for Wednesday, September 25, 2019 at
5:00 p.m.
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,and on the Sanitation District's website at www.ocsd.com 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.
Agenda Description: The agenda provides a brief general description of each item of business to be considered or
discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take any
action which is deemed appropriate.
NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, items must be submitted
to the Clerk of the Board 14 days before the meeting.
Kelly A. Lore, MMC
Clerk of the Board
(714)593-7433
kloreCcDocsd.com
For any questions on the agenda, Committee members may contact staff at:
General Manager Jim Herberg (714)593-7300 jherbergC@ocsd.com
Assistant General Manager Lorenzo Tyner (714)593-7550 Ityner(o-)ocsd.com
Assistant General Manager Rob Thompson (714)593-7310 rthompson(cDocsd.com
Director of Human Resources Celia Chandler (714)593-7202 cchandler(o-)ocsd.com
Director of Engineering Kathy Millea (714)593-7365 kmilleaCcDocsd.com
Director of Environmental Services Lan Wibor 714 593-7450 lwiborg@ocsd.com
08/28/2019 Steering Committee Meeting Agenda Page 5 of 5
ITEM NO. 1
MINUTES OF THE
STEERING COMMITTEE
Orange County Sanitation District
Wednesday, July 24, 2019 at 5:00 p.m.
A regular meeting of the Steering Committee of the Orange County Sanitation
District was called to order by Board Chairman David Shawver on Wednesday,
July 24, 2019 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:
David Shawver, Board Chair Jim Herberg, General Manager
John Withers, Board Vice-Chair Rob Thompson, Assistant General
Robert Collacott, Operations Committee Manager
Chair Lorenzo Tyner, Assistant General
Peter Kim, LaPA Committee Chair Manager
Chad Wanke, Administration Committee Celia Chandler, Director of Human
Chair Resources
Glenn Parker, Member-At-Large Kathy Millea, Director of Engineering
Tim Shaw, Member-At-Large Lan Wiborg, Director of Environmental
Services
COMMITTEE MEMBERS ABSENT: Kelly Lore, Clerk of the Board
None. Stephanie Barron
Megan Carlson
Thys DeVries
Mike Dorman
Dean Fisher
Tom Grant
Chris Johnson
Lori Klinger
Tina Knapp
Rebecca Long
Laura Maravilla
Joshua Martinez
Andrew Nau
Adam Nazaroff
Wally Ritchie
Ruth Zintzun
OTHERS PRESENT:
Brad Hogin, General Counsel
Laura Kalty, Liebert Cassidy Whitmore,
Special Counsel
07/24/2019 Steering Committee Minutes Page 1 of 5
PUBLIC COMMENTS:
Clerk of the Board Kelly Lore stated that correspondence had been received from the
General Manager which was distributed to the Board of Directors.
REPORTS:
Chair Shawver did not provide a report.
General Manager Jim Herberg did not provide a report.
CONSENT CALENDAR:
1. APPROVAL OF MINUTES (Clerk of the Board)
MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the
Special Meeting of the Steering Committee held June 26, 2019.
AYES: Collacott, Kim, Parker, Shaw, Shawver, and Wanke
NOES: None
ABSTENTIONS: None
ABSENT: Withers
Board Vice-Chair Withers arrived at the meeting at 5:02 p.m.
NON-CONSENT ITEMS:
General Counsel Brad Hogin stated a recusal on Item Nos. 2 and 3 due to a conflict
of interest with the County of Orange and left the room during the discussion.
2. RIGHT OF ENTRY AGREEMENT (Lorenzo Tyner)
Assistant General Manager Lorenzo Tyner provided a brief overview of the item.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board
of Directors to:
A. Approve a Right of Entry Agreement for Orange County Transportation
Authority, and its authorized agents, to enter upon Orange County
Sanitation District's property located on the north side of Westminster
Boulevard, East of Springdale Street, in Westminster, CA adjacent to
the Interstate 405 Freeway for temporary use in connection with its
project to widen the Interstate 405 Freeway for a term of four (4) years
from the 30-day notice prior to the beginning of construction, in a form
approved by Special Counsel; and
B. Direct the Clerk of the Board to record the Agreement with the Orange
County Clerk-Recorder.
09/28/2016 Steering Committee Minutes Page 2 of 5
AYES: Collacott, Kim, Parker, Shaw, Shawver, Wanke and
Withers
NOES: None
ABSTENTIONS: None
ABSENT: None
3. FIRST AMENDMENT TO 800 MHZ LEASE (Lorenzo Tyner)
Assistant General Manager Lorenzo Tyner provided a brief overview of the item.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board
of Directors to: Approve the First Amendment to the 800 MHz Lease
Agreement with the County of Orange with the following modifications, in a
form approved by Special Counsel:
• Term of Lease shall expire May 4, 2023; with an optional one (1) additional
five-year period
• Increase the annual lease rate from $0.42 per square foot to $0.52 per
square foot
• Decrease the site footprint from 10,000 square feet to 4,784 square feet
before December 31, 2019.
AYES: Collacott, Kim, Parker, Shaw, Shawver, Wanke and
Withers
NOES: None
ABSTENTIONS: None
ABSENT: None
4. COOPERATIVE AGREEMENT FOR INTEGRATED REGIONAL WATER
MANAGEMENT FUNDING IN THE SANTA ANA FUNDING AREA
(Lan Wiborg)
Director of Environmental Services Lan Wiborg provided a brief overview of the
history of the item and its purpose.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board
of Directors to: Approve a Cooperative Agreement among the County of
Orange, Orange County Sanitation District, Orange County Water District
(collectively referred to as Orange County Parties), and the Santa Ana
Watershed Project Authority (SAWPA), a joint powers authority, for the Orange
County Parties agreeing to remain a part of the Santa Ana Funding Area
covered by the One Water One Watershed Plan for a period of ten (10) years,
from date of execution.
AYES: Collacott, Kim, Parker, Shaw, Shawver, Wanke and
Withers
NOES: None
07/24/2019 Steering Committee Minutes Page 3 of 5
ABSTENTIONS: None
ABSENT: None
5. STRATEGIC PLAN SURVEY RESULTS (Rob Thompson)
Assistant General Manager Rob Thompson provided a brief overview of the
item noting that there were eight responses from the Board of Directors which
were provided to the Committee. He stated that staff will proceed with creating
position papers and will bring those to the Board of Directors meetings in August
and September, with a Special Strategic Plan Workshop in September as well.
MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the
strategic plan survey results from the Board of Directors in June 2019.
AYES: Collacott, Kim, Parker, Shaw, Shawver, Wanke and
Withers
NOES: None
ABSTENTIONS: None
ABSENT: None
INFORMATION ITEMS:
6. UPDATE ON THE HEADQUARTERS COMPLEX AND SITE SECURITY AT
PLANT NO. 1, PROJECT NO. P1-128 (Kathy Millea)
Ms. Millea presented a brief update on the recently submitted design package,
with renderings, project budget, and the project schedule. She stated that staff
is working closely to accelerate the proposed schedule. The committee
expressed concerns regarding maintenance of the building, security of the
Boardroom with the exposed glass window, and traffic control during
construction.
CLOSED SESSION
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTIONS 54957(b)(1), 54957.6 & 54956.9(d)(4):
The Board convened in closed session at 5:21 p.m. to discuss three items.
Confidential minutes of the Closed Sessions 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 Session
Meetings.
RECONVENED IN REGULAR SESSION:
The Board reconvened in regular session at 6:01 p.m.
07/24/2019 Steering Committee Minutes Page 4 of 5
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin did not provide a report.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Shawver declared the meeting adjourned at 6:02 p.m. to the next Steering
Committee meeting to be held on Wednesday, August 28, 2019 at 5:00 p.m.
Submitted by:
Kelly A. Lore, MMC
Clerk of the Board
07/24/2019 Steering Committee Minutes Page 5 of 5
STEERING COMMITTEE Meeting Date To Bd. of Dir.
08/28/19 08/28/19
AGENDA REPORT Item Number Item Number
2
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT: AMENDMENT TO BIG CANYON COUNTRY CLUB EASEMENT
GENERAL MANAGER'S RECOMMENDATION
Approve the Amendment to Easement between Orange County Sanitation District and
Big Canyon Country Club to adjust the Orange County Sanitation District's easement to
correspond with the new sewer location within the Big Canyon Country Club in the City
of Newport Beach.
BACKGROUND
Orange County Sanitation District (Sanitation District) owns, operates, and maintains a
trunk sewer that is rooted, in part, through the Big Canyon Country Club. Big Canyon
Country Club planned to expand its maintenance facility and construct a larger
maintenance building. The expansion placed the new building directly over the Sanitation
District's trunk sewer and easement, rendering the facilities inaccessible. Through a
sewer relocation agreement, Big Canyon Country Club designed and constructed a new
sewer to Sanitation District's standards, relocating the sewer away from the new
maintenance building. Big Canyon Country Club abandoned the existing sewer and
granted a new sewer easement to correspond with the new sewer location, at no cost to
the Sanitation District.
RELEVANT STANDARDS
• Maintain collaborative and cooperative relationships with regulators, stakeholders,
and neighboring communities
• Protect Orange County Sanitation District assets
• Operate and maintain facilities to minimize impacts on surrounding communities,
including odor, noise, and lighting
PROBLEM
The Sanitation District requires property rights in the form of an easement in order to
access, operate, and maintain its newly relocated facilities.
PROPOSED SOLUTION
Approve the Amendment to Easement which provides property rights that correspond to
the new sewer location.
Page 1 of 2
TIMING CONCERNS
The relocation of the sewer has been completed and the Sanitation District plans to initiate
its preventative maintenance program on the newly relocated sewer.
RAMIFICATIONS OF NOT TAKING ACTION
Without the Amendment to Easement, the Sanitation District would not have adequate
property rights to access, operate, and maintain its facilities in this location.
PRIOR COMMITTEE/BOARD ACTIONS
April 2017 - Approved Sewer Relocation Agreement with Big Canyon Country Club.
ATTACHMENT
The following attachment(s) is included in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
• Amendment to Easement Between Orange County Sanitation District and Big
Canyon Country Club
Page 2 of 2
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Orange County Sanitation District
Attn: Kelly Lore,Clerk of the Board
10844 Ellis Avenue
Fountain Valley,CA 92708
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
Documentary Transfer Tax Exempt Under Revenue and Taxation Code Section 11922
Recording Fee Exempt Under Government Code Section 27383
Building Homes&Jobs Trust Fund Fee Exempt Under Government Code Section 27338.1(a)(2)(D)
A.P.NO.442-032-70&442-032-58&442-030-00&442-032-60
OCSD Project#
AMENDMENT TO EASEMENT
BETWEEN ORANGE COUNTY SANITATION DISTRICT AND BIG CANYON
COUNTRY CLUB
This Amendment to Easement("Amendment")is made and entered into as of the day
of , 2019, by and between ORANGE COUNTY SANITATION DISTRICT, a
County Sanitation District ("District") and BIG CANYON COUNTRY CLUB, a California
Non-Profit Corporation ("BCCC"). District and BCCC are sometimes hereinafter individually
referred to as "Party" and collectively referred to as "Parties."
RECITALS
WHEREAS, District is a duly organized County Sanitation District existing pursuant to
the County Sanitation District Act, California Health and Safety Code Sections 4700 et seq.,
providing for the ownership, operation and maintenance of wastewater collection, treatment and
disposal facilities within Orange County, California; and
WHEREAS, BCCC is a non-profit corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is now being
conducted; and
WHEREAS,District owns,operates and maintains a 15-inch vitrified clay pipe trunk sewer
and related appurtenances (the "Sewer") beneath property owned by BCCC (the `BCCC
Property"); and
WHEREAS, District is the grantee of an easement for the Sewer that was recorded as
Instrument No. BK 9137 PG 952 in the Official Records of Orange County, CA ("Official
Records") on October 22, 1969 (the "Original Easement"); and
WHEREAS, on May 15, 2007, BCCC granted District an easement for relocation of
another nearby portion of the same Sewer, which easement was recorded as Instrument No.
2007000315429 in the Official Records (the"2007 Easement"); and
1
1392387.2
WHEREAS,on June 13,2007,District quitclaimed the Original Easement in part to BCCC
pursuant to a Quitclaim Deed recorded as Instrument No. 2007000376652 in the Official Records
(the "2007 Partial Quitclaim"); and
WHEREAS, the Sewer is presently located within the area described in the Original
Easement, after giving effect to the 2007 Partial Quitclaim and the 2007 Easement, which area is
referred to herein as the "Existing Easement Area;" and
WHEREAS, pursuant to a Sewer Relocation Agreement between the Parties dated April
26, 2017, the Parties have agreed that the Existing Easement Area is to be amended to facilitate
the partial relocation of an additional portion of the Sewer from one area of the BCCC Property to
another nearby area of the BCCC Property although a portion of the Sewer may be abandoned in
place; and
WHEREAS,the purpose of this Amendment is to memorialize the partial relocation of the
Sewer by deleting from the legal description of the Existing Easement Area the portion of the
BCCC Property that will no longer be encumbered due to the relocation of the Sewer (the "New
Quitclaim Area"), and to add to the legal description of the Existing Easement Area those portions
of the BCCC Property that will become encumbered due to the relocation of the Sewer(the"New
Easement Area").
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties
agree as follows:
SECTION 1. RECITALS
The Recitals above are deemed true and correct, are hereby incorporated in this Section as though
fully set forth herein, and each Party to this Amendment acknowledges and agrees that they are
bound by the same.
SECTION 2 AMENDMENT OF LEGAL DESCRIPTION OF EXISTING
EASEMENT
The Parties hereby agree that the legal description of the Existing Easement Area shall be
amended as set forth in Attachments 1 and 2, attached hereto and by this reference incorporated
herein. Attachment I provides a legal description of the New Easement Area, while Attachment
2 provides a legal description of the New Quitclaim Area.
SECTION 3 FULL FORCE AND EFFECT
Except as amended by this Amendment, the Existing Easement shall remain in full force and
effect.
2
1392387.2
SECTION 4. AGREEMENT EXECUTION AND AUTHORIZATION
Each of the undersigned represents and warrants that they are duly authorized to execute and
deliver this Amendment and that such execution is binding upon the entity on whose behalf they
are executing this Amendment.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed as
of the day and year first above written.
BCCC:
Big Canyon Country Club,
A California Non-Profit Corporation
By:
Charles H. Fedalen, Jr., President
By:
David Voorhees, Assistant Secretary
DISTRICT:
Orange County Sanitation District,
A County Sanitation District
By:
David Shawver, Board Chair
By:
Kelly Lore, Clerk of the Board
APPROVED TO FORM:
Bradley Hogin
General Counsel
Orange County Sanitation District
3
1392387.2
ATTACHMENT 1
LEGAL DESCRIPTION OF NEW EASEMENT AREA
SEE ATTACHED
4
1392387.2
BEING THOSE PORTIONS OF BLOCK 56 OF IRVINE'S SUBDIVISION, IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER THE MAP FILED IN BOOK 1,
PAGE 88 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL "A:':
A STRIP OF LAND 25.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHERLY TERMINUS OF THAT CERTAIN LINE DESCRIBED IN THE GRANT
OF EASEMENT RECORDED MAY 15, 2007 AS INSTRUMENT NO. 2007000315429, OFFICIAL
RECORDS, AS L23 BEING NORTH 38015'23" WEST 309.59 FEET; THENCE NORTH 28°02'23"
WEST 65.40 FEET; THENCE NORTH 83°32'58" WEST 155.16 FEET; THENCE SOUTH 69025'35"
WEST 84.50 FEET TO A POINT ON THE CENTERLINE OF THE EXISTING EASEMENT DESCRIBED
AS PARCEL 1 IN BOOK 9137, PAGE 952, OFFICIAL RECORDS, SAID POINT BEING THE
EASTERLY TERMINATION OF A LINE DESCRIBED AS NORTH 62040'44" WEST 85.27 FEET, SAID
POINT ALSO BEING THE POINT OF TERMINATION.
PARCEL "B":
A STRIP OF LAND 15.00 FEET IN WIDTH FOR INGRESS AND EGRESS TO AND FROM ABOVE
DESCRIBED PARCEL "A', THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF TRACT NO. 7788, FILED IN BOOK 301,
PAGES 10 THROUGH 14 INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY
RECORDER, SAID POINT ALSO BEING ON THE EASTERLY LINE OF JAMBOREE ROAD; THENCE
NORTHERLY ALONG SAID EASTERLY LINE, NORTH 27°19'05" EAST 44.88 FEET TO THE TRUE
POINT OF BEGINNING; THENCE SOUTH 85030'52" EAST 23.29 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE NORTHERLY HAVING RADIUS OF 20.00 FEET; THENCE NORTHERLY
ALONG SAID CURVE AN ARC DISTANCE OF 23.45 FEET THROUGH A CENTRAL ANGLE OF
67010'00"; THENCE NORTH 27019'08" EAST 105.20 FEET TO A POINT ON THE CENTERLINE OF
ABOVE DESCRIBED PARCEL "A', SAID POINT ALSO BEING THE POINT OF TERMINATION.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
NL LAND
WEN rG�G
PREPARED BY ME OR UNDER MY DIRECTION.
No. 7914
A. WALDEN, P.LS. 7914 DATE / OF CND
ALDEN & EXHIBIT "A"
SSOCIATES LEGAL DESCRIPTION
FOR ORANGE COUNTY SANITATION DISTRICT EASEMENT
BIG CANYON COUNTRY CLUB TRUNK SEWER REPLACEMENT
CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS OCSD PROJECT No. 5-62-1
2552 WHITE ROAD,SUITE B•1RVINE,CA 92614-6236 W.O. No. 1 140-458-6X2 Date 04-17-2019
(949)660-0110 FAX:660-0418 Engr.B.J.W. Chk'd.J.W. Sheet 1 of 1
rRgcr
No43
J
3�4 9444
�O Q��ti 80 40 0 80 NI
0
PARCEL "A"
0) 25' OCSD EASEMENT SCALE IN FEET
Q��`o 0 0 1 inch =80 ft.
4n o
N N PORTION OF PARCEL 1
BK 9137 PG 952, O.R.
LJ TO BE QUITCLAIMED BY
SEPARATE DOCUMENT
��52 66' �S- �/ - \ POINT OF
cb� �� /i/---PARCEL 2, BK 9137, N \I L1 �� PARCELING"A"
� 0 i PG 952, O.R. TO BE
QUITCLAIMED BY
�C�� `� L_
1S�p SEPARATE DOCUMENT
ova Q i� PARCEL"B" �O ��
b ' G 15' OCSD ACCESS �`L' ��
L7 EASEMENT
moo TRUE POINT PORT. BLK. 56 ��
OF BEGINNING IRVINE'S SUB \o,
PARCEL "B"
POINT OF M.M. 1 /88
COMMENCEMENT M c
EL B r No
88 25.00' EASEMENT IN FAVOR
LINE TABLE 130,717
/��14 OF OCSD PER GRANT OF
EASEMENT RECORDED 05/15/07
LINE BEARING DISTANCE AS INST. NO. 2007-315429, O.R.
L1 S 85052'23" W 21.80' Nt LAND
L2 N 28002'23" W 65A0' 0�c, 1 ALLENly9oG�,G��
Qz o
L3 N 83032'58" W 155.16' !I
io. 7914
L4 S 69025'35" W 84.50'
L5 N 62040'44" W 151.41' OF CAQ � O
L6 N 27-19'08" E 105.20' CURVE TABLE �
L7 S 85030'52" E 23.29' CURVE DELTA RADIUS LENGTH GP
L8 N 27019'08" E 44.88' Cl 67010'00" 20.00' 23.45' ��.
ws
DEN & EXHIBIT "B"
SOCIATES SKETCH TO ACCOMPANY A LEGAL DESCRIPTION
FOR ORANGE COUNTY SANITATION DISTRICT EASEMENT
BIG CANYON COUNTRY CLUB TRUNK SEWER REPLACEMENT
CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS OCSD PROJECT No. 5-62-1
2552 WHITE ROAD,SUITE B-IRVINE,CA 92614-6236 W•O. No. 1140-458-6X2 Date 04-17-2019
(949)660-0110 FAX:660-0418 Engr. B.J.W. Chk'd.J.W. Sheet 1 of 1
ATTACHMENT 2
LEGAL DESCRIPTION OF NEW QUITCLAIM AREA
SEE ATTACHED
5
1392387.2
BEING THOSE PORTIONS OF BLOCK 56 OF IRVINE'S SUBDIVISION, IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER THE MAP FILED IN BOOK 1 , PAGE
88 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
MORE PARTICULARLY DESCRIBED AS FOLLOWS,
THAT PORTION OF THE 15 FOOT STRIP OF LAND DESCRIBED AS PARCEL 1 IN THE GRANT OF
EASEMENT TO THE COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA,
RECORDED NOVEMBER 14, 1969 IN BOOK 9137, PAGE 952 OF OFFICIAL RECORDS OF SAID
COUNTY, LYING WESTERLY OF A LINE PARALLEL WITH AND 227.50 FEET EASTERLY OF THE
EASTERLY LINE OF JAMBOREE ROAD AND LYING EASTERLY OF A LINE PARALLEL WITH AND
19.41 FEET EASTERLY OF SAID EASTERLY LINE OF JAMBOREE ROAD, TOGETHER WITH ALL OF
PARCEL 2 OF SAID GRANT OF EASEMENT.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED BY ME OR UNDER MY DIRECTION. \��AL LAND s
ALLEN
A. WALDEN, P.L.S. 7914 DATE No. 7914
sfq�� O
F C A�
ks
DEN & EXHIBIT "A"
SOCIATES LEGAL DESCRIPTION FOR QUITCLAIM
OF ORANGE COUNTY SANITATION DISTRICT EASEMENT
BIG CANYON COUNTRY CLUB TRUNK SEWER REPLACEMENT
CIVILENGINEERS-LANDSURVEYORS-PLANNERS OCSD PROJECT No. 5-62-1
2552 WHITE ROAD,SUITE B-IRVINE,CA 92614-6236 W.O.No. 1 140-458-6X2 Date 04-17-2019
(949)660-0110 FAX:660-0418 Engr. B.J.W. Chl.d.J.W. Sheet 1 of 1
100 50 0 100
SCALE IN FEET
1 inch = 100 ft.
Qom- TRACT N0. 8444
M.M. 374/39-43
gym°
EXISTING 15' EASEMENT
o PORTION OF PARCEL 1,
vQv� 22� BK 9137 PG 952, O.R.
S0' TO BE QUITCLAIMED HEREIN.
ZO PORT, BLK. 56
�s \ IRVINE'S SUB
- \ M.M. 1/88
EXISTING 15' EASEMENT \
PARCEL 2, BK 9137, \ 1
PG 952, O.R. TO BE \� 1� 61
QUITCLAIMED HEREIN. ��
O \
PORTION OF PARCEL 1,
BK 9137 PG 952, O.R.
QUITCLAIMED PER DEED
RECORDED 06/13/07 \�
TRACT NO. 7788 INST. NO. 2007-376652, O.R.
M.M. 301/10- 14
i
NAB LA Off.
sG�, 0
yO
No. 7914 G
vws
DEN & EXHIBIT "B"
SOCIATES SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR QUITCLAIM
OF ORANGE COUNTY SANITATION DISTRICT EASEMENT
BIG CANYON COUNTRY CLUB TRUNK SEWER REPLACEMENT
CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS OCSD PROJECT No. 5-62-1
2552 Wli1TE ROAD,SUITE B•IRVINE,CA 92614-6236 W.O. No. 1 140-458-6X2 Date 04-17-2019
(949)660-01I0 FAX:660-0418 Engr.B.J.W. Chk'd.J.W. Sheet 1 of 1
STEERING COMMITTEE Meeting Date To Bd. of Dir.
08/28/19 08/28/19
AGENDA REPORT Item Number Item Number
3
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Lan Wiborg, Director of Environmental Services
SUBJECT: SETTLEMENT AGREEMENT WITH ASEPTIC TECHNOLOGY, LLC
GENERAL MANAGER'S RECOMMENDATION
Authorize the General Manager to execute a Settlement Agreement to settle industrial
wastewater discharge enforcement matters with Aseptic Technology, LLC, a facility that
discharged without a valid Orange County Sanitation District permit, for $185,000 plus
applicable fees and interest, in a form approved by General Counsel.
BACKGROUND
Orange County Sanitation District's (Sanitation District) pretreatment program is
responsible for controlling discharges to the sewer from industrial users in the Sanitation
District's service area. Certain facilities are required to be issued wastewater discharge
permits in accordance with the U.S. Clean Water Act and the Sanitation District's
Wastewater Discharge Regulations (Ordinance No. OCSD-53).
On June 18, 2019, the Sanitation District informed Aseptic Technology, LLC (Aseptic), an
industrial discharger located in Yorba Linda, that the Sanitation District intended to initiate
administrative proceedings against the company for non-compliance. This was based on
the Sanitation District's determinations that for at least 37 days, from April 1 , 2019 through
June 17, 2019, Aseptic had discharged industrial wastewater without a valid discharge
permit, in violation of the Ordinance.
Aseptic has operated a beverage and dietary supplements manufacturing operation
located at 24855 Corbit Place, Yorba Linda, CA, 92887, since 2013. In January 2016,
due to a delinquency in making timely payments for user charges, the Sanitation District
Board of Directors approved a 12-month payment agreement with Aseptic in the amount
of $199,228.03. Aseptic made timely payments in accordance with the agreement and
completed the 12-month schedule in January 2017. However, Aseptic Technology failed
to make payments against quarterly invoices after January 2016; thus, necessitating a
second payment agreement request in July 2017 for delinquent amounts totaling
$451 ,161.54, which was paid in full. The second payment agreement also required
Aseptic to remit timely payments against new obligations occurring during the term of the
agreement.
In January 2018, Aseptic requested a third payment agreement for delinquencies owed
in the amount of $252,315.72, which was paid in full. This payment agreement request
was authorized, and it required a letter of credit and a stipulation that current invoices
were to be paid in a timely manner. As a result of the payment agreement, a typical two-
Page 1 of 3
year Class 1 permit was not issued to Aseptic, and the permit was renewed for only three
months at a time. Due to Aseptic's repeated failure to make timely payments pursuant to
this payment agreement, the Sanitation District did not renew the permit which expired
on March 31, 2019. However, Aseptic continued to discharge industrial wastewater to
the sewer. An Order to Cease Discharge Without a Valid Permit was issued on
April 11, 2019.
The permit which expired March 31, 2019 was not renewed until May 6, 2019 when a
payment was received — the facility had discharged to the Sanitation District without a
permit throughout April and the first week of May — serious violations of the Sanitation
District's Wastewater Discharge Regulations Ordinance. When the May 2019 permit
expired on May 31, 2019, it was not renewed due to the facility's non-payment of user
charges. Another Order to Cease Discharge Without a Valid Permit was issued on
June 5, 2019. The Sanitation District met with Aseptic on June 18, 2019 and agreed to
settle the violations associated with discharging without a permit.
Pursuant to Government Code Sections 54739-54740.5 and Section 616 of the Sanitation
District's Ordinance, the Sanitation District is authorized to impose administrative civil
penalties up to $5,000 for each day of discharge in violation of any waste discharge limit
or permit requirement imposed by the Sanitation District.
Pursuant to Resolution No. OCSD 11-04, settlement negotiations then took place
between the Sanitation District staff and Aseptic. As a result of these negotiations,
Sanitation District staff recommended the settlement of all matters related to the
enforcement action in return for payment by Aseptic of $185,000. This amount is based
on the allowable penalties considering the magnitude, frequency, duration, intent, and
impact of the violations. The staff is willing to accept $185,000 with required provisions
for Aseptic to return to compliance. Aseptic is willing to settle on these terms.
In accordance with Resolution No. OCSD 11-04, a committee consisting of the General
Manager, or his designee, the Assistant General Manager/Director of Finance and
Administrative Services, and the Director of Engineering has the authority to approve
settlement of claims up to $100,000, and the Board of Directors have the authority to
approve settlement of claims above $100,000.
RELEVANT STANDARDS
• OCSD Ordinance No. 48 Wastewater Discharge Regulations
• CA Government Code Sections 54739-54740.5
• Resolution No. OCSD 11-04, Article IV
PROBLEM
Aseptic discharged without a valid Sanitation District permit and is therefore subject to
administrative penalties. Aseptic's CEO expressed interest in reaching a settlement,
however, any settlement agreement negotiated by the Sanitation District's staff committee
that is above $100,000 must be approved by the Sanitation District's Board of Directors.
Page 2 of 3
PROPOSED SOLUTION
The Sanitation District staff recommend that the Board of Directors approve the
Settlement Agreement.
TIMING CONCERNS
Aseptic has requested a 12-month payment schedule to pay the $185,000 in civil
penalties (approximately $193,000 including interest and fees). A delay in approving the
settlement agreement would delay the initiation of this payment schedule.
RAMIFICATIONS OF NOT TAKING ACTION
The Sanitation District would not be able to settle this particular enforcement matter as
per staff's recommendation and the Aseptic CEO's request and would instead move to a
costly and resource-intensive administrative hearing process.
PRIOR COMMITTEE/BOARD ACTIONS
December 2017/January 2018 - Approved the deferred payment agreement negotiated
by the General Manager for collection of all charges and fees owed for sanitary sewer
service charges. In lieu of denying the request for a 3rd deferred payment agreement,
negotiated a resolution whereby the permit was extended for 90 days to allow Aseptic to
become current with payments.
July 2017 - Approved the deferred payment agreement negotiated by the General
Manager for collection of all charges and fees owed for sanitary sewer service charges,
plus interest of 6.00% annum, with Aseptic Technology, in a form approved by General
Counsel.
January 2016 - Approved the deferred Payment Agreement negotiated by the General
Manager for collection of all charges and fees owed for sanitary sewer service charges,
plus interest of 5.25% annum, with Aseptic Technology, in a form approved by General
Counsel.
FINANCIAL CONSIDERATIONS
Aseptic is currently delinquent at this location for an approximate amount of $91,000.
ATTACHMENT
The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
• Memorandum regarding the Settlement Agreement between Aseptic Technology,
LLC and Orange County Sanitation District
• Draft Settlement Agreement between Aseptic Technology, LLC and Orange
County Sanitation District
Page 3 of 3
O�JNAl SANl Tq Troy
_23-
o -r
rFcl,N HE �N�Qo�dc
August 8, 2019
MEMORANDUM
TO: File
SUBJECT: Settlement Agreement between Aseptic Technology, LLC (Aseptic) and the Orange
County Sanitation District(OCSD)
On June 18, 2019, OCSD informed Aseptic Technology, LLC (Aseptic) that OCSD intended to
initiate administrative proceedings against Aseptic based on OCSD's determinations that for at least
37 days from April 1, 2019 through June 17, 2019, Aseptic had discharged industrial wastewater
without a valid discharge permit, in violation of OCSD's Wastewater Discharge Regulations
(Ordinance).
Aseptic has operated a beverage and dietary supplements manufacturing operation located at
24855 Corbit Place, Yorba Linda, CA, 92887, since 2013. Due to a delinquency in making timely
payments for user charges, in January 2016, the OCSD Board of Directors approved a 12-month
payment agreement with Aseptic in the amount of$199,228.03. Aseptic made timely payments in
accordance with the agreement, and completed the 12-month schedule as of January 2017.
However, Aseptic Technology failed to make payments against quarterly invoices after January
2016; thus necessitating a second payment agreement request in July 2017 for delinquent amounts
totaling $451,161.54. The second payment agreement also required Aseptic to remit timely
payments against new obligations occurring during the term of the agreement.
In January of 2018, Aseptic requested a third payment agreement for delinquencies owed in the
amount of$252,315.72. This payment agreement request was authorized, and it required a letter of
credit and a stipulation that current invoices were to be paid in a timely manner. As a result of the
payment agreement, a typical two-year Class 1 permit was not issued to Aseptic, and the permit
was renewed for only three month s-at-a-time. Due to Aseptic's repeated failure to make timely
payments pursuant to this payment agreement, OCSD did not renew the permit which expired on
March 31, 2019. However, Aseptic continued to discharge industrial wastewater to the sewer. An
Order to Cease Discharge Without a Valid Permit was issued on April 11, 2019.
The permit which expired March 31, 2019 was not renewed until May 6, 2019 when a payment was
received —the facility had discharged to OCSD without a permit throughout April and the first week
of May—serious violations of OCSD's Wastewater Discharge Regulations Ordinance. When the
May 2019 permit expired on May 31, 2019, it was not renewed due to the facility's non-payment of
user charges. Another Order to Cease Discharge Without a Valid Permit was issued on June 5,
2019. OCSD met with Aseptic on June 18, 2019, and agreed to settle the violations associated with
discharging without a permit.
Pursuant to Government Code Sections 54739 - 54740.5 and Section 616 of OCSD's Ordinance,
OCSD is authorized to impose administrative civil penalties up to Five Thousand Dollars ($5,000.00)
for each day of discharge in violation of any waste discharge limit or permit requirement imposed by
OCSD.
Pursuant to Resolution No. 11-04, settlement negotiations then took place between OCSD staff and
Aseptic. As a result of these negotiations, OCSD staff recommended the settlement of all matters
related to the enforcement action in return for payment by Aseptic of One-hundred-and-Eighty-
Five Thousand Dollars ($185,000.00). This amount is based on the allowable penalties
considering the magnitude, frequency, duration, intent, and impact of the violations. The staff is
willing to accept One-hundred-and-Eighty-Five Thousand Dollars ($185,000.00) with required
provisions for Aseptic to return to compliance. Aseptic is willing to settle on these terms.
In accordance with Resolution No. 11-04, a committee consisting of the General Manager, or his
designee, the Director of Finance and Administrative Services, and the Director of Engineering has
the authority to approve settlement of claims up to One-Hundred-Thousand Dollars ($100,000.00),
and the Board of Directors have the authority to approve settlement of claims above One-Hundred-
Thousand Dollars ($100,000.00).
By this memorandum, the committee recommends the Settlement Agreement with Aseptic to be
submitted for the Board of Directors' approval.
Dated: �/� By: Y,
Lan Wiborg, Director of Environment6l Services
Dated: V ' lS •-c1 0� By; ia A"I'" 0 TL—�
Lorenzo I yngwAssistant General Manager
& Di ctor of Financ and Administrative Services
Dated:A ,- 14` ki 1 By: 4 16 �l
Kat leen Millea3lfector of Engineering
Enforcement ID 2019-00030568
\\filer-
1\ocsd\dept\es\620\ISC\StaillBerber\Services\SCP SourceControlPermittin,\Permitlecs\Aseptic"I'echnolog�I.LC\Aseptic"I'echnolog�l.LC[I-
5010021_SclllemenlAgrecment-Memo_v20190808.docx
SETTLEMENT AGREEMENT
THIS AGREEMENT, to be effective October_, 2019, is entered into by and among
the Orange County Sanitation District (hereinafter "OCSD"), a county sanitation district
duly organized pursuant to Section 4700 et seq. of the Health & Safety Code of the State
of California, Aseptic Technology, LLC (hereinafter "Aseptic"), and Joshua Cua, an
individual and CEO of Aseptic. OCSD, Aseptic, and Joshua Cua are sometimes
hereinafter collectively referred to as the "Parties".
RECITALS
A. Aseptic has operated a beverage and dietary supplements manufacturing
facility located at 24855 Corbit Place, Yorba Linda, CA, 92887, since 2013. Permit No.
50-1-001 was issued to Aseptic in August 2013 for the discharge of wastewater
associated with the facility operation. Due to a change in ownership, the permit was re-
issued in January 2014 as Permit No. 50-1-002 (later re-listed as 1-501002 and
hereinafter referred to as "Permit No. 1-501002" or "Permit"). For at least 37 days from
April 1, 2019 to June 17, 2019, Aseptic discharged without a valid permit and was
therefore in violation with OCSD's Wastewater Discharge Regulations Ordinance OCSD-
48 (hereinafter "the Ordinance" or "OCSD's Ordinance").
B. Joshua Cua is, and at all material times referred to herein has been, the
Chief Executive Officer of Aseptic. In such capacity, Joshua Cua has been and is
responsible for the daily business operations at Aseptic, including the proper disposal of
wastewater generated from the manufacturing processes and all related reporting
requirements in accordance with OCSD's Ordinance. As such, the Parties hereto
acknowledge and agree that any acknowledgements, agreements, obligations and
Page 1 of 12
1431447.1
commitments attributable to Aseptic herein shall be deemed to be acknowledgements,
agreements, obligations and commitments attributable to Joshua Cua as well.
C. Between January 2016 and January 2018, Aseptic and OCSD entered into
three separate payment agreements concerning Aseptic's repeated failure to make
timely payment on various user charges and quarterly invoices as required under the
Ordinance and Permit conditions. The contents and nature of these three agreements
are summarized as follows:
1. In January 2016, the OCSD Board of Directors approved a payment
agreement relating to Aseptic's failure to make timely payments for sewer user
charges for fiscal year 2014-2015 (annual reconciliation) and the estimated sewer
user charges for the first and second quarters of fiscal year 2015-2016. As of
January 2016, Aseptic owed delinquent payments totaling $199.228.03. Following
execution of the payment agreement, OCSD renewed the Permit, which had
previously expired in December 2015, for an approximately two-year period
(expiration date of December 31, 2017).
2. In July 2017, the OCSD Board of Directors approved a second
payment agreement relating to Aseptic's failure to make timely payments for sewer
user charges for fiscal year 2015-2016 (annual reconciliation), the estimated sewer
user charges for the fourth quarter of fiscal year 2015-2016 and the first, second,
and third quarter of fiscal year 2016-2017, as well as penalties and interest. As of
July 2017, Aseptic owed delinquent payments totaling $451,161.54. This
agreement required Aseptic to (i) make timely payments over a 12-month period for
delinquent charges, and (ii) remit timely payments against new obligations,
including user charges, during the term of the agreement
Page 2 of 12
1431447.1
3. In January 2018, the OCSD Board of Directors approved a third
payment agreement relating to Aseptic's failure to make timely payments for sewer
user charges for fiscal year 2016-2017 (annual reconciliation) and the estimated
sewer user charges for the first quarter of fiscal year 2017-2018. As of January
2018, Aseptic owed delinquent payments totaling $252,315.72. This agreement
required Aseptic to (i) make timely payments for delinquent charges, (ii) issue a
letter of credit in favor of OCSD, and (iii) stipulate that Aseptic would make
payments on future invoices in a timely manner.
D. On December 31, 2017, the Permit expired. Due to Aseptic's repeated
failure to make timely payments pursuant to the Permit conditions, Ordinance, and the
payment agreements, OCSD did not renew the Permit for the typical two-year period.
Instead, the Permit was renewed in March 2018 for less than one month following the
execution of the third payment agreement. The Permit, which expired on March 31,
2018, was then periodically renewed for only three months at a time. Therefore, the
Permit was renewed for three-month periods in April 2018, July 2018, October 2018, and
January 2019.
E. Between April 2018 and January 2019, Aseptic failed to make timely
payment on two separate invoices: the fourth quarter invoice issued on June 30, 2018,
and the second quarter invoice issued on December 31, 2018.
F. When the January 2019 Permit expired on March 31, 2019, OCSD did not
renew the Permit due to Aseptic's repeated failure to promptly pay user charges as
required under the Permit conditions, the Ordinance, and prior payment agreements
Page 3 of 12
1431447.1
between OCSD and Aseptic.
G. Despite the expiration of the Permit on March 31, 2019, Aseptic continued
to discharge industrial wastewater to OCSD facilities in violation of the Ordinance and
federal and state laws. On April 11, 2019, OCSD issued Aseptic an Order to Cease
Discharge Without a Valid Permit.
H. On May 6, 2019, OCSD received Aseptic's delinquent payment on the
second quarter invoice issued on December 31, 2018. OCSD subsequently renewed
the Permit on May 6, 2019, for a twenty-six (26) day period. The renewed Permit expired
on May 31, 2019. When the May 2019 Permit expired on May 31, 2019, OCSD did not
renew the Permit due to Aseptic's repeated failure to promptly pay user charges.
I. Despite the expiration of the Permit on May 31, 2019, Aseptic continued to
discharge industrial wastewater to OCSD facilities in violation of the Ordinance and state
and federal laws. On June 5, 2019, OCSD issued Aseptic an Order to Cease Discharge
Without a Valid Permit. Between April 1, 2019 and June 17, 2019, Aseptic illegally
discharged industrial wastewater without a valid permit for at least thirty-seven (37) days.
J. On June 18, 2019, OCSD met with Aseptic and agreed to settle the
violations referenced herein associated with discharging without a permit.
K. All the actions or omissions described in Recitals G and I are significant
violations of Permit No. 1-501002, OCSD's Ordinance, and state and federal laws.
Pursuant to Government Code Sections 54739 and 54740.5 and Section 616 of OCSD's
Page 4 of 12
1431447.1
Ordinance, OCSD has the authority to institute administrative enforcement proceedings
and impose civil penalties on Aseptic for violations of the Ordinance and the terms of
Aseptic's Permit No. 1-501002. Pursuant to this authority, OCSD is authorized to impose
penalties up to Five-Thousand Dollars ($5,000.00) per violation for each day of discharge
in violation of any Ordinance or wastewater discharge limit imposed by OCSD, up to
Three-Thousand Dollars ($3,000.00) for each day for failing or refusing to timely comply
with any compliance schedules established by OCSD, and up to Two-Thousand Dollars
($2,000.00) for each day for failing or refusing to furnish technical, monitoring reports, or
any other required documents.
G. During a compliance meeting on June 18, 2019 at OCSD's offices, OCSD
met with Joshua Cua of Aseptic to discuss the aforementioned violations and the
resolution of the non-compliance issues. During this compliance meeting, OCSD
informed Aseptic of its intention to issue an administrative complaint. Aseptic expressed
interest in settling the matters with OCSD.
H. The Parties now intend to resolve and settle all matters arising from the
alleged violations occurring from April 1, 2019 through June 17, 2019, to avoid further
administrative proceedings and the issuance of an Administrative Complaint against
Joshua Cua and Aseptic, and the institution of any litigation that may follow based upon
such matters.
NOW, THEREFORE, in consideration of the facts recited above and the covenants,
conditions and promises set forth below, the Parties hereby agree as follows:
Page 5 of 12
1431447.1
AGREEMENT
1. Aseptic shall pay to OCSD the total sum of One Hundred and Eighty-Five
Thousand dollars ($185,000.00) in settlement of all claims, actions, or charges that
OCSD may have against Aseptic and Joshua Cua relating to any violations of the
Ordinance which may have occurred from April 1, 2019 through June 17, 2019. This
Settlement includes penalties for violating conditions set forth in the Ordinance. Aseptic
shall make payment(s) in accordance with the following schedule:
Due Date Installment Principal Interest Admin PaymenFee
11/1/2019 1 $14,893.87 $1,156.25 $25.00 $16,075.12
12/1/2019 2 $14,986.96 $1,063.16 $25.00 $16,075.12
1/1/2020 3 $15,080.63 $969.49 $25.00 $16,075.12
2/1/2020 4 $15,174.89 $875.24 $25.00 $16,075.13
3/1/2020 5 $15,269.72 $780.40 $25.00 $16,075.12
4/1/2020 6 $15,365.16 $684.96 $25.00 $16,075.12
5/1/2020 7 $15,461.19 $588.93 $25.00 $16,075.12
6/1/2020 8 $15,557.83 $492.30 $25.00 $16,075.13
7/1/2020 9 $15,655.06 $395.06 $25.00 $16,075.12
8/1/2020 10 $15,752.90 $297.22 $25.00 $16,075.12
9/1/2020 11 $15,851.36 $198.76 $25.00 $16,075.12
10/1/2020 12 $15,950.43 $99.69 $25.00 $16,075.12
The monthly amount includes a $25 administrative handling fee, plus a 7.5%
interest rate assessed each month to the principal balance. The first payment of
$16,075.12 is due on or before November 1, 2019.
(a) The payments pursuant to this Settlement Agreement shall be made
payable by cashier or bank-issued check to Orange County Sanitation District, and
delivered to the Administrative Offices of OCSD located at:
10844 Ellis Avenue
Fountain Valley, CA 92708
(b) Payments must be received by OCSD prior to 4:00 p.m. on the days listed
Page 6 of 12
1431447.1
in the above schedule.
2. As part of this Settlement Agreement, Aseptic is required to complete all
necessary actions to immediately cease discharging without a permit and attain
compliance with all permit conditions and OCSD Ordinances as explained by OCSD in
the Orders to Cease Discharge issued on April 11, 2019 and June 5, 2019.
3. Extraordinary Cost. Aseptic shall be responsible for payment of all reasonably
necessary costs incurred by OCSD for sampling, testing, administration, and
enforcement procedures, as deemed appropriate by OCSD, that exceed the ordinary
cost of routine sampling and inspection and/or any routine activities. Routine sampling
and inspection shall be defined as sampling, inspection, and monitoring activities
conducted by OCSD on a monthly and quarterly basis. Reasonable costs may include,
but are not limited to, engineering, inspection, sampling, and legal costs that may be
incurred in order to enforce the provisions of this Settlement Agreement, OCSD's
Ordinance, or Permit No. 1-501002.
4. In consideration of all of the foregoing, and except as otherwise set forth in
this Settlement Agreement, the Parties do hereby, and for each of themselves, their heirs,
executors, administrators, board members, successors, assigns, agents, subsidiaries,
affiliates, servants, directors, officers, shareholders, attorneys, employees and partners,
mutually release, acquit, and forever discharge each of the other parties hereto and his,
her, their, or its heirs, executors, administrators, board members, successors,
subsidiaries, affiliates, attorneys, agents, servants, directors, officers, shareholders,
employees, partners, or representatives, and assigns (collectively, "Releasees") from
any and all rights, claims, warranties, demands, debts, obligations, liabilities, actions,
damages, costs, expenses, and other claims whatsoever that may be asserted against
any other Releasee by reason of any matter occurring, performed, created, happening,
Page 7 of 12
1431447.1
arising out of, or connected with Aseptic's violations of the Permit No. 1-501002 and
OCSD's Ordinance from April 1, 2019 to June 17, 2019 and the OCSD's investigation of
all such allegations and discharges.
5. The undersigned agree that they will forever refrain and forbear from
commencing, instituting, or prosecuting any lawsuit, action or administrative proceeding
against each other based on, arising out of, or in any way connected with Aseptic's
violations of the Permit No. 1-501002 and OCSD's Ordinance from April 1, 2019 to June
17, 2019, and OCSD's investigation of all such allegations and discharges.
6. Notwithstanding the foregoing and any other provision of this Settlement
Agreement, if OCSD subsequently initiates either administrative or judicial enforcement
proceedings against Aseptic and Joshua Cua for any future violations of any OCSD
ordinance or permit condition, the alleged violations contained herein shall be deemed
to have occurred. In such circumstances, no civil penalties shall be subsequently
awarded to OCSD for the violations occurring on or before June 17, 2019, but such
violations may be considered in determining the appropriate sanction (including
administrative penalties), if any, to issue as a result of any future violation(s) of the terms
of OCSD ordinances, permit conditions, this Settlement Agreement, and/or any
administrative order or requirement issued by OCSD.
7. Nothing herein shall be construed to limit the authority or ability of the
Orange County Sanitation District to initiate legal or administrative proceedings against
Aseptic and Joshua Cua for any violation of local, state, or federal wastewater discharge
regulations occurring on or after June 18, 2019, or to enforce the terms of this Settlement
Agreement or Permit No. 1-501002.
8. The undersigned represent and warrant to Releasees that each of the
undersigned has not heretofore assigned or transferred, or purported to assign or
Page 8 of 12
1431447.1
transfer, to any person, firm, corporation, association, or entity any of the rights, claims,
warranties, demands, debts, obligations, liabilities, actions, damages, costs, expenses,
and other claims whatsoever referred to herein, and each of the undersigned agrees to
indemnify and hold harmless the other Releasee against, without limitation, any and all
rights, claims, warranties, demands, debts, obligations, liabilities, actions, damages,
costs, expenses, and other claims, including attorney fees, arising out or connected with
any such assignment, transfer, or purported assignment or transfer.
9. The undersigned acknowledge that each has read the Settlement
Agreement in full and understands and voluntarily consents and agrees to each and
every provision contained herein.
10. Each of the parties agrees to bear all of its own attorney fees and costs
arising out of, connected with, or relating to the subject matter of this Settlement
Agreement and hereby specifically and expressly waives all claims, rights, and interest
of every kind or nature whatsoever, whether provided for by contract, statute, or
otherwise, for attorney fees and/or costs connected with, arising out of, and/or incurred
in connection with the facts, claims and/or rights released in and by this Settlement
Agreement except as expressly provided in Paragraph 12 below.
10. The undersigned further declare and represent that no promise, inducement,
or agreement not herein expressed has been made to the undersigned; that this
Settlement Agreement contains the entire agreement between the parties hereto; that
terms of this Settlement Agreement are contractual and not a mere recital; and that these
terms are the result of negotiations between the undersigned.
11. Any formal notice, demand or request provided for in this Agreement, or
made in connection with this Agreement, shall be in writing and shall be deemed to be
properly given or made if(a) personally delivered, or (b) sent by registered mail (postage
Page 9 of 12
1431447.1
prepaid), to the persons specified:
To Aseptic Technology, LLC: Joshua Cua, CEO
Aseptic Technology, LLC
24855 Corbit Place
Yorba Linda, CA 92887
To Joshua Cua: Joshua Cua, CEO
c/o Aseptic Technology, LLC
24855 Corbit Place
Yorba Linda, CA 92887
To OCSD: James D. Herberg, General Manager
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708-8127
With Copy To: Bradley R. Hogin, Esq.
Woodruff, Spradlin & Smart
555 Anton Blvd., #1200
Costa Mesa, CA 92626-7670
12. Should litigation be initiated by either of the parties hereto to enforce the
terms of this Settlement Agreement or the rights and duties of the parties in relation
thereto, the prevailing party in such litigation shall be entitled, in addition to such other
relief as may be granted, to a reasonable sum as and for its attorney fees and costs in
the litigation, which sum shall be determined by the court in such litigation or in a separate
action brought for that purpose.
13. The persons executing this Settlement Agreement represent and warrant to
the Releasees that the execution and performance of the terms of this Settlement
Agreement have been duly authorized by all requisite corporation, partnership, individual,
municipal, or other entity requirements and that the undersigned have the right, power,
legal capacity, and authority to execute and enter into this Agreement.
14. This Settlement Agreement shall be construed under and interpreted in
Page 10 of 12
1431447.1
accordance with the laws of the State of California and as if drafted by both parties
hereto.
15. This Settlement Agreement may be modified only by execution of a
subsequent written agreement between the parties. No oral modification of the terms set
forth herein shall be valid.
16. The undersigned acknowledge that each has been represented by counsel
of their own choice in connection with the preparation and execution of this Settlement
Agreement. The undersigned acknowledge and represent that each has read the
Settlement Agreement in full and understands and voluntarily consents and agrees to
each and every provision contained herein.
17. The recitals above are hereby incorporated into this section as though fully
set forth herein and each party acknowledges and agrees that such party is bound, for
purposes of this Agreement, by the same.
Page 11 of 12
1431447.1
IN WITNESS WHEREOF, the Parties have entered into this Settlement Agreement as of the date
first set forth above.
Aseptic Technology, LLC
Dated: By:
Joshua Cua, CEO
Joshua Cua, an individual
Dated: By:
Joshua Cua, CEO
ORANGE COUNTY SANITATION DISTRICT
Dated: By:
James D. Herberg, General Manager
Approved as to form:
Dated: By:
Bradley R. Hogin, General Counsel
Page 12 of 12
Enforcement ID 2019-00030568
http://ecm/sites/board/PublishedCommitteeAgendaSP2010/03.Administrative Complaint-Aeseptic/03.03-Aseptic Technology Settlement
Agreement.docx
1431447.1
STEERING COMMITTEE Meeting Date To Bd. of Dir.
08/28/19 08/28/19
AGENDA REPORT Item Number Item Number
4
Orange County Sanitation District
FROM: James D. Herberg, General Manager
SUBJECT: GENERAL MANAGER'S FISCAL YEAR 2019-20 DRAFT WORK PLAN
GENERAL MANAGER'S RECOMMENDATION
Receive and File the General Manager's Fiscal Year 2019-2020 Draft Work Plan.
BACKGROUND
Each year, the General Manager prepares a work plan of activities supporting the Orange
County Sanitation District's strategic goals and initiatives to be accomplished during the
fiscal year. The draft work plan is being submitted to the Steering Committee for review
and input from the Directors. Afinal work plan will be submitted to the Steering Committee
and Board of Directors for approval in September.
RELEVANT STANDARDS
• Sustain 1, 5, 20-year planning horizons
• 24/7/365 treatment plant reliability
• Negotiate fair and equitable labor agreements
• Commitment to safety & reducing risk in all operations
• Meet volume and water quality needs for the GWRS
• Maintain a culture of improving efficiency to reduce the cost to provide the current
service level or standard
PRIOR COMMITTEE/BOARD ACTIONS
The General Manager provides his draft and final work plan annually and provides
updates accordingly.
ADDITIONAL INFORMATION
The General Manager's work plan includes goals for the 2019-2020 fiscal year. The work
plan has five areas of focus which include: Safety and Security, Succession Planning,
Resource Recovery, Reliability, and Operational Optimization.
FINANCIAL CONSIDERATIONS
All items included in the General Manager's work plan are budgeted in the FY 2019-2020
Budget.
Page 1 of 2
ATTACHMENT
The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
• General Manager's Fiscal Year 2019-2020 Proposed Work Plan
Page 2 of 2
JN`I SAN/r,J/O
ORANGE COUNTY SANITATION DISTRICT
Memorandum
9
OJ
FOl
N
H
August 21, 2019
TO: Chairman and Members of the Board of Directors
FROM: James D. Herberg
General Manager
SUBJECT: General Manager's Fiscal Year 2019-20 Proposed Work Plan
I am pleased to present my proposed Fiscal Year 2019-20 work plan. The work plan has
nineteen goals organized under five focus areas including safety and security, succession
planning, resource recovery, reliability, and operational optimization. This work plan will
be reviewed with the Steering Committee and Board of Directors in August 2019 and a
mid-year update will be provided in January 2020.
1. Safety and Security
• Emergency Preparedness — Develop and conduct an external emergency
response and recovery drill by June 30, 2020 that tests the Integrated
Emergency Response Plan (IERP).
• Safety Engineering Solutions — Complete the six of the remaining eight
Safety Improvement Construction Projects by June 30, 2020.
• Voluntary Protection Plan (VPP) Certification — Apply for the VPP
certification for Plant No. 1 by June 30, 2020.
• Physical Security Plan —Complete the development and implementation of
a Physical Security Plan by June 30, 2020.
• Cyber Security Plan — Complete the development and implementation of a
Cyber Security Plan by June 30, 2020.
2. Succession Planning
• Leadership Development — Provide at least two specialized trainings
tailored to the Supervisory Level and one for the EMT/ Managers by June
30, 2020.
3. Resource Recovery
• Groundwater Replenishment System (GWRS) Final Expansion — Meet the
following milestones to support the final expansion of GWRS:
o Advertise for Construction of Project P2-122, Headworks
Modifications at Plant No. 2 for GWRS Expansion by January 31,
2020.
o Issue Construction Contract Notice to Proceed for Project P2-122,
Headworks Modifications at Plant No. 2 for GWRS Expansion by June
30, 2020.
• Emerging Contaminants — Work with industry, academic, and agency
partners to develop science-based regulations and an adaptive plan by June
30, 2020, to address the potential impact of PFAS to OCSD.
• Food Waste Digestion Pricing Policy— Present a draft policy and pricing plan
to the Board of Directors by June 30, 2020.
4. Reliability
• Asset Management Plan — Develop an Asset Management Plan by
December 31, 2019 that includes an inventory of critical assets for each
process area and the collection system; an evaluation of their condition and
performance; and an implementation plan to maintain, rehabilitate, and
replace these assets to meet the required levels of service at the lowest life
cycle cost and at an acceptable level of risk.
Page 2
• Central Generation Engines — Implement an in-house heavy mechanical
maintenance team and award a contract by December 31, 2019,to overhaul
two Central Generation Engines.
• Pump Station Bypass Exercises— Bypass pump two Pump Stations to prove
emergency readiness and use the exercise to do critical valve and electrical
maintenance at those Pump Stations by June 30, 2020.
5. Operational Optimization
• OCSD Headquarters Building—Advertise for Construction for Headquarters
Complex Site Preparation, Contract No. P1-128C by February 29,
2020. Obtain City of Fountain Valley approvals for the Headquarters
Building by June 30, 2020.
• Document Management — Complete Records Management and Trusted
System Needs Assessment by October 31, 2019.
• Communications Audit — Complete the audit and provide a report to the
Legislative and Public Affairs Committee by March 30, 2020.
• Capital Project Delivery — Complete a formal design review framework by
June 30, 2020. Complete a framework for regular updates of engineering
policies and procedures, design guidelines and engineering standards by
June 30, 2020.
• Solids Handling Optimization — Complete commissioning and optimize
performance of new solids handling facilities at each plant by December 31,
2019.
• Strategic Plan — Complete new Strategic Plan for adoption by the Board of
Directors by November 30, 2019.
• Two Year Budget — Complete new two-year budget for adoption by the
Board of Directors on June 24, 2020.
Page 3
STEERING COMMITTEE Meeting Date To Bd. of Dir.
08/28/19 08/28/19
AGENDA REPORT Item Number Item Number
5
Orange County Sanitation District
FROM: Laura Kalty, Chief Negotiator
SUBJECT: SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE
SUPERVISOR & PROFESSIONAL GROUPS
CHIEF NEGOTIATOR'S RECOMMENDATION
A. Adopt Resolution No. OCSD 19-08, 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 2019/2020,
2020/2021 & 2021/2022"; and
B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs) between
Orange County Sanitation District and the two (2) Supervisory and Professional
Management Group bargaining units.
BACKGROUND
The MOUs between the Orange County Sanitation District (Sanitation District) and the
Supervisor Group and Professional Group bargaining units that became effective on
July 1, 2016 expired on June 30, 2019. The Supervisory and Professional Management
Group (SPMG) submitted its initial proposals for successor MOU(s) on January 28, 2019.
SPMG and the Sanitation District have met and conferred in good faith twelve (12) times
since receiving the initial proposal. As of the Board meeting on June 26, 2019, all items
proposed, except for salary and wages, had either reached tentative agreement or had
been withdrawn.
On June 26, 2019, the Board of Directors authorized the Chief Negotiator to make a
counter proposal to SPMG, including a three-year contract with a 3.0% salary increase
and corresponding range adjustments due in the first pay period in July for each year of
the contract, with the first increase to commence on July 5, 2019.
The Sanitation District delivered this counter proposal to SPMG on July 10, 2019.
SPMG's membership ratified the proposal by majority vote on July 23, 2019.
RELEVANT STANDARDS
• Ensure the public's money is wisely spent
• Offer competitive compensation and benefits
• Cultivate a highly qualified, well trained, and diverse workforce
• Negotiate fair and equitable labor agreements
Page 1 of 4
• Maintain positive employer-employee relations
• Provide professional growth and development
PROBLEM
The MOUs between the Sanitation District and the Supervisor Group and Professional
Group bargaining units that became effective on July 1, 2016 expired on June 30, 2019.
PROPOSED SOLUTION
Adopt Resolution No. OCSD 19-08, 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 2019/2020, 2020/2021 & 2021/2022".
Based on Board direction, the Sanitation District issued a counter proposal to SPMG on
July 10, 2019, including three-year contracts with a 3% salary increase for each year of
the contract. SPMG distributed the proposals to their membership for voting and SPMG's
membership ratified the proposals by majority vote on July 23, 2019.
RAMIFICATIONS OF NOT TAKING ACTION
• Labor instability
• Possible impacts to morale
• Impasse
PRIOR COMMITTEE/BOARD ACTIONS
In December 2018, an Ad Hoc Subcommittee of the Steering Committee selected Laura
Kalty from Liebert Cassidy Whitmore to serve as the Sanitation District's Chief Negotiator.
In preparation for and during the meet and confer process, the Chief Negotiator received
direction for labor negotiations with SPMG from the Steering Committee and the Board
of Directors.
The SPMG meet and confer process was agendized for discussion in Closed Session at
the following Committee/Board meetings:
• February 27, 2019 - Steering Committee and Board Meeting
• March 18, 2019 - Special Steering Committee Meeting
• March 27, 2019 - Steering Committee and Board Meeting
• April 24, 2019 - Steering Committee and Board Meeting
• May 22, 2019 - Steering Committee and Board Meeting
• June 26, 2019 - Steering Committee and Board Meeting
• July 24, 2019 - Steering Committee and Board Meeting
Page 2 of 4
ADDITIONAL INFORMATION
The SPMG is the recognized employee organization certified to provide exclusive
representation over wages, hours of work, and other terms and conditions of employment
for exempt employees in the Supervisor Group and Professional Group bargaining units.
There are 267 exempt employees represented by the SPMG. The Supervisor Group
consists of 60 employees and the Professional Group consists of 207 employees.
Employees in these groups are assigned to classifications that perform frontline
supervisory duties and program-related development, implementation, and analytical
duties associated with supporting the collection, treatment, and recycling of wastewater.
Some supervisory classifications are assigned to a 365-days per year, 7-days per week,
24-hours per day operation.
Based on Board direction, the Sanitation District issued a counter proposal to SPMG on
July 10, 2019, including three-year contracts with a 3% salary increase for each year of
the contract. SPMG distributed the proposals to their membership for voting and SPMG's
membership ratified the proposals by majority vote on July 23, 2019.
Full redlined versions of each SPMG MOU are attached for review. A summary of the
key changes to the MOUs are as follows:
1. Article 1, Recognition: Term of the agreement begins July 1, 2019.
2. Article 2, Duration: Agreement terminates on June 30, 2022.
3. Article 13, Salary Adjustments and Compensation: Salary: Year 1 — 3% Salary
Increase, retroactive to the first pay period of July 2019; Year 2 — 3% Salary
Increase, effective the first pay period of July 2020; Year 3 — 3% Salary Increase,
effective the first pay period of July 2021.
4. Article 16, Holidays: language cleanup to reflect that employee election to receive
Holiday Compensatory Time Off is due by December 31St of prior year.
5. Article 17, Hours of Work: updated language to reflect that Operations Supervisors
and Chief Plant Operators receive a 30-minute paid lunch and are to remain onsite
and perform work as necessary.
6. Article 20, Insurance: Reopener to discuss establishment of Health Retirement
Account (HRA) for all employees.
7. Article 26, Shift Differential: Shift Differential increased from $2.50 per hour to
$3.00 per hour.
8. Article 27, Leave-of-Absence With Pay: Bereavement leave shall be used within
six (6) months of death of immediate family member; requests for exceptions may
be submitted to Director of Human Resources for approval. Employee may be
required to furnish evidence of family member's death and/or of familial
relationship.
9. Article 46, Dues Deductions: New language to establish information provided by
OCSD to SPMG regarding members, remittance of dues; article title changed to
"New Employee Orientation and Dues Deductions".
Page 3 of 4
10.Article 51, Resignation: The District may accept any verbal or written resignation
at any time and deem such resignation irrevocable. Written resignations
automatically deemed irrevocable after 72 hours, except by approval of HR.
Listed below are articles with proposed housekeeping changes in the tentative agreement
by article number:
Article 25 — Retirement
Article 27 — Leave-of-Absence With Pay
Article 28 — Leave-of-Absence Without Pay
Appendix A — Medical Insurance Plan Design Components
CEQA
N/A
FINANCIAL CONSIDERATIONS
The total cost is $7,086,027 over the term of the agreement. Sufficient funds are
incorporated in the Sanitation District's Five-Year Cashflow to support the adjustments
required by this Memorandum of Understanding (MOU).
ATTACHMENT
The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
• Resolution No. OCSD 19-08
• Supervisor MOU (redlined version)
• Professional MOU (redlined version)
Page 4 of 4
RESOLUTION NO. OCSD 19-08
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
2019/2020, 2020/2021 & 2021/2022
WHEREAS, on October 26, 2016, 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 Supervisory and Professional Management Group
(referred hereinafter as "SPMG"), regarding salaries, benefits and terms and conditions of
employment for the period July 1, 2016 through June 30, 2019 ("2016 MOU").
WHEREAS, prior to the expiration of the 2016 MOUs on June 30, 2019, SPMG
requested to meet and confer regard successor MOUs.
WHEREAS, pursuant to Government Code Section 3500, et seq., representatives of
SPMG 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, through negotiations the parties agreed that any salary changes would
take effect retroactively to July 5, 2019, the first pay period in the current fiscal year; and
WHEREAS, the parties have modified the 2019 MOUs between the District and SPMG
to reflect the parties' understanding regarding certain terms and conditions, which include:
• Duration of the MOUs has been modified and will be for a 3-year term commencing
July 1, 2019, and terminating June 30, 2022, as reflected in the Cover Page and
Articles 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 — 3.0% Salary Increase, retroactive to the first pay period of July 2019.
o Year 2 — 3.0% Salary Increase, effective the first pay period of July 2020.
o Year 3 — 3.0% Salary Increase, effective the first pay period of July 2021.
• Holidays has been modified as set forth below and as reflected in Article 16 of the
MOUs:
o Language cleanup to reflect that employee election to receive Holiday
Compensatory Time Off is due by December 31st of prior year.
• Hours of Work has been modified as set forth below and as reflected in Article 17 of
the MOUs:
o Updated language to reflect that Operations Supervisors and Chief Plant
Operators receive a 30-minute paid lunch and are to remain onsite and perform
work as necessary. (Supervisor Group MOU only)
OCSD 19-08-1
• Insurance has been modified as set forth below and as reflected in Article 20 of the
MOUs:
o Reopener to discuss establishment of Health Retirement Account (HRA)for all
employees.
• Retirement has been modified as set forth below and as reflected in Article 25 of the
MOUs:
o Housekeeping changes to remove outdated language.
• Shift Differential has been modified as set forth below and as reflected in Article 26 of
the MOUs:
o Shift Differential increased from $2.50 per hour to $3.00 per hour.
• Leave-of-Absence With Pay has been modified as set forth below and as reflected in
Article 27 of the MOUs:
o Bereavement leave shall be used within six (6) months of death of immediate
family member; requests for exceptions may be submitted to Director of Human
Resources for approval. Employee may be required to furnish evidence of
family member's death and/or of familial relationship.
o Housekeeping changes.
• Leave-of-Absence Without Pay has been modified as set forth below and as reflected
in Article 28 of the MOUs:
o Housekeeping changes.
• Dues Deductions has been modified as set forth below and as reflected in Article 46
of the MOUs:
o New language to establish information provided by OCSD to SPMG regarding
members, remittance of dues; article title changed to "New Employee
Orientation and Dues Deductions".
• Resignation has been modified as set forth below and as reflected in Article 51 of the
MOUs:
o The District may accept any verbal or written resignation at any time and deem
such resignation irrevocable. Written resignations automatically deemed
irrevocable after 72 hours, except by approval of HR.
• Medical Insurance Plan Design Components have been modified as set forth below
and as reflected in Appendix A of the MOUs:
o Housekeeping changes.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District,
DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER:
Section 1. The aforementioned MOUs between the District and SPMG for the
contract period of July 1, 2019 through June 30, 2022 as outlined herein are hereby
approved.
OCSD 19-08-2
Section 2. The General Manager is authorized to sign the Memoranda of
Understanding with SPMG for the period of July 1, 2019 through June 30, 2022, in a form
approved by General Counsel.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held August
28, 2019.
David John Shawver
Board Chairman
ATTEST:
Kelly A. Lore, MMC
Clerk of the Board
OCSD 19-08-3
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation
District, do hereby certify that the foregoing Resolution No. OCSD 19-08 was passed and
adopted at a regular meeting of said Board on the 28t" day of August 2019, 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 28t" day of August 2019.
Kelly A. Lore, MMC
Clerk of the Board of Directors
Orange County Sanitation District
OCSD 19-08-4
i
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
EMPLOYEES IN THE SUPERVISOR GROUP
July 1, 20196 through June 30, 20224-9
8971452.1 OR040-031
TABLE OF CONTENTS
ARTICLE 1. RECOGNITION.............................................................................................................................1
ARTICLE 2. DURATION....................................................................................................................................1
ARTICLE 3. SUCCESSOR AGREEMENT........................................................................................................1
ARTICLE4. GROUP ACCESS.........................................................................................................................1
ARTICLE 5. GROUP RIGHTS...........................................................................................................................2
ARTICLE 6. DISTRICT RIGHTS.......................................................................................................................2
ARTICLE 7. NONDISCRIMINATION IN EMPLOYMENT.................................................................................2
ARTICLE 8. SMOKE-FREE WORK ENVIRONMENT......................................................................................2
ARTICLE9. -SAFETY........................................................................................................................................3
ARTICLE 10. -DISCIPLINE AND DISMISSAL.....................................................................................................3
ARTICLE 11. -GRIEVANCE PROCEDURE.........................................................................................................4
11.43.1. STEP 1.....................................................................................................................................................5
11.43.2. STEP 2.....................................................................................................................................................5
11.43.4. STEP 3.....................................................................................................................................................5
11.43.5. STEP 4.....................................................................................................................................................5
ARTICLE 12. -PROBLEM SOLVING PROCEDURE...........................................................................................6
ARTICLE 13. -SALARY ADJUSTMENTS AND COMPENSATION....................................................................6
13.3. MERIT PAY...............................................................................................................................................7
13.4. PERFORMANCE MANAGEMENT PROGRAM...................................................................................................7
13.5. DEVELOPMENT PAY...................................................................................................................................7
13.89. SALARY RANGE ADJUSTMENTS..................................................................................................................7
13.940. INVESTMENT INCENTIVE SALARY(IIS)........................................................................................................8
ARTICLE 14. -SEVERANCE PAY........................................................................................................................8
ARTICLE 15. -DEFERRED COMPENSATION....................................................................................................8
ARTICLE 16. -HOLIDAYS....................................................................................................................................8
16.2. FLOATING HOLIDAY...................................................................................................................................9
ARTICLE 17. -HOURS OF WORK....................................................................................................................10
ARTICLE18. ......................................................................................................................................................10
ARTICLE19. ................................................................................................................................................... 10
ARTICLE 20. -INSURANCE..............................................................................................................................10
20.3. MEDICAL INSURANCE............................................................................................................................... 10
20.86. GROUP INSURANCE PREMIUMS................................................................................................................11
20.97. LIFE INSURANCE......................................................................................................................................11
20.10 SHORT TERM DISABILITY.....................................................................................................1 1
20.119. LONG TERM DISABILITY...........................................................................................................................11
20.129. DENTAL INSURANCE................................................................................................................................11
20.134. VISION INSURANCE..................................................................................................................................11
20.14 RETIRNING EMPLOYEES
......................................................................................................12
20.152. HEALTH RETIREMENT ACCOUNT REOPENERRET o Emp ^"«s 12
Page ii
8971452.1 OR040-031
ARTICLE 21. -REIMBURSEMENT ACCOUNT.................................................................................................12
21.2. MEDICAL REIMBURSEMENT ACCOUNT......................................................................................................12
21.3. DEPENDENT CARE ASSISTANCE ACCOUNT...............................................................................................12
ARTICLE 22. -EXTRAORDINARY SERVICES COMPENSATION..................................................................12
ARTICLE 23. -PROBATIONARY PERIOD.......................................................................................................13
ARTICLE 24. -PROMOTIONS...........................................................................................................................14
ARTICLE 25. -RETIREMENT............................................................................................................................14
25.1.1. EMPLOYEES HIRED PRIOR TO SEPTEMBER 21,1979.................................................................................14
25.1.2. EMPLOYEES HIRED ON OR AFTER SEPTEMBER 21,1979 AND BEFORE OCTOBER 1.2010...........................14
25.1.3. EMPLOYEES HIRED ON OR AFTER OCTOBER 1,2010 AND BEFORE JANUARY 1,2013..................................14
25.1.43. EMPLOYEES HIRED ON OR AFTER 9&F9BEPrJANUARY 1,20138............................................................1515
ARTICLE 26. -SHIFT DIFFERENTIAL..............................................................................................................15
ARTICLE 27. -LEAVE-OF-ABSENCE WITH PAY............................................................................................15
27.1. VACATION LEAVE....................................................................................................................................15
27.2. SICK LEAVE............................................................................................................................................16
27.3. JURY DUTY LEAVE..................................................................................................................................18
27.4. WITNESS LEAVE......................................................................................................................................18
27.5. MILITARY LEAVE......................................................................................................................................19
27.6. BEREAVEMENT LEAVE.............................................................................................................................19
27.7. ADMINISTRATIVE LEAVE...........................................................................................................................19
ARTICLE 28. -LEAVE-OF-ABSENCE WITHOUT PAY....................................................................................20
28.3. SUBSTITUTION OF PAID LEAVE.................................................................................................................20
28.4. PERMISSIBLE USES.................................................................................................................................21
28.5. GENERAL PROVISIONS'EAIIF...............................................................................................................2221
286 REri iRN rani o�29-GY FOR ISION WORK RE,ArrD IA"r 23
2�7. GAIarNRhoE WITH' .............................................................................................................................24
ARTICLE 29. -CLASSIFICATION STUDIES.....................................................................................................24
29.34. Y-RATING...............................................................................................................................................24
ARTICLE 30. -DRIVER'S LICENSE..................................................................................................................25
ARTICLE 31. -LAYOFF PROCEDURE.............................................................................................................25
ARTICLE 32. -LIGHT DUTY..............................................................................................................................25
ARTICLE 33. -MEDICAL EXAMINATION.........................................................................................................26
ARTICLE 34. -MILEAGE ALLOWANCE...........................................................................................................26
ARTICLE 35. -ACTING PAY.............................................................................................................................26
ARTICLE36. ......................................................................................................................................................26
ARTICLE37. -PERSONNEL FILES..................................................................................................................26
ARTICLE 38. -BULLETIN BOARDS.................................................................................................................26
ARTICLE 39. -RELEASE TIME FOR MEET AND CONFER SESSIONS........................................................27
ARTICLE 40. -USE OF DISTRICT FACILITIES................................................................................................27
ARTICLE 41. -SCOPE OF BARGAINING.........................................................................................................27
ARTICLE 42. -IMPASSE PROCEDURES.........................................................................................................27
Page iii
8971452.1 OR040-031
42.2. IMPASSE PROCEDURES...........................................................................................................................27
ARTICLE 43. -SEVERABILITY.........................................................................................................................28
ARTICLE44. -UNIFORMS................................................................................................................................28
ARTICLE 45. -SUBSTANCE ABUSE POLICY.................................................................................................28
45.2. DEPARTMENT OF TRANSPORTATION(DOT)REGULATIONS........................................................................28
45.32. DISTRICTS SUBSTANCE ABUSE POLIC 28
ARTICLE 46. -NEW EMPLOYEE ORIENTATION AND DUES DEDUCTIONS...............................................29
ARTICLE 47. -MAINTENANCE OF MEMBERSHIP.........................................................................................30
ARTICLE 48. -PEACEFUL RESOLUTION OF DISPUTES..............................................................................30
ARTICLE49. ......................................................................................................................................................30
ARTICLE 50. -WORKPLACE VIOLENCE AND WEAPONS POLICY.............................................................30
ARTICLE 51. -RESIGNATION..........................................................................................................................30
ARTICLE52. ......................................................................................................................................................30
SIGNATUREPAGE..............................................................................................................................................31
APPENDIXA ...................................................................................................................................................324
Page iv
8971452.1 OR040-031
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
EMPLOYEES IN THE SUPERVISOR GROUP
In accordance with the provisions of California Government Code Sections 3500,et seq.,and
Resolution No.99-24 of the Joint Boards of Directors,the District's authorized representatives
have met and conferred in good faith with representatives of the Supervisor Group. These
meetings have resulted in an agreement and understanding to recommend that the employees
represented by the Supervisor Group 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 the Supervisor Group as set forth in this
Agreement.
ARTICLE 1. -RECOGNITION
1.1. This Agreement,effective July 1,20196,is entered into between the Orange County
Sanitation District,referred to hereinafter as the"District",and the Supervisor Group,
referred to hereinafter as"Group",as a mutual recommendation to the Board of
Directors of the District of those wages,hours of work,and terms and conditions of
employment.
ARTICLE 2. -DURATION
2.1. This Agreement will be binding on the District and the Group when approved and
adopted by the District's Board of Directors. This Agreement will terminate on June
30,20224-9. Any issue regarding the question of representation shall be brought
pursuant to the Employer-Employee Relations Resolutions(EERR),Resolution No.
OCSD 99-24.
ARTICLE 3. -SUCCESSOR AGREEMENT
3.1. The Group will submit in writing its initial proposal for a successor agreement prior to
the expiration date of this Agreement.
ARTICLE 4. -GROUP ACCESS
4.1. A Group representative will have access to the District facilities during normal
working hours for the purpose of assisting Group employees in processing
grievances or investigating matters arising out of the application of provisions of this
Agreement.
4.2. The Group will provide the Human Resources Department or designee,with a list of
Representatives who are authorized to request access under this article,and will
notify the Director of Human Resources,or designee,of any changes in that list.
4.3. Group access will not unreasonably interfere with District operations,or with the work
of employees in any manner.The District reserves the right to restrict access in
certain areas designated confidential or secure.
Page 1 of 332
ARTICLE 5. -GROUP RIGHTS
5.1. The Group may designate up to five(5)employees to act as representatives for
employees covered by this Agreement. The Group will furnish the Human Resources
Department with the names of employees selected as representatives and will
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 Group may not act as representatives.
5.2. Representatives will not perform non work-related duties on work time without the
prior approval of their immediate supervisor.Neither the District nor the Group will
interfere with,intimidate,restrain,coerce or discriminate against employees because
of the exercise or non-exercise of their rights to engage in Group 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.
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 the Group 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 will be no unlawful discrimination in the application of the provisions of this
Agreement with regard to actual or perceived race,color,religion,national origin,
ancestry,sex,gender,gender identity,gender expression,sexual orientation,age,
physical or mental disability,medical condition,genetic information,marital status,or
military or veteran status,or any other lawfully protected class.To the extent required
by law or by the District's rules or regulations,this provision of the Agreement will be
applied to all members of the Group without regard to any protected classification.
ARTICLE 8. -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
Page 2 of 332
District employees and their families,smoking and the use of tobacco(cigarettes,
cigars,e-cigarettes["vaping"]and related tobacco products and technologies)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.The
Group will 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 supervisor. An employee will not be required to perform work that is
unsafe.
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 Group:verbal reprimand;written reprimand;
suspension without pay;reduction in pay;demotion to a classification with a lower
pay grade,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 suspension without pay,reduction in pay,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 will be presumed
to provide actual notice to the affected employee. The Notice of Intent will indicate
the date on which it was personally delivered or deposited in the mail,which will be
the date of issuance.
10.5. The Notice of Intent will 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 will also advise the employee of the right to representation.
10.6. Prior to the effective date of the proposed disciplinary action,the employee will 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 will notify the employee
in writing of the action that will 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.
Page 3 of 332
10.7. Dismissal will 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
Assistant General Manager or designee,within ten(10)business days following the
effective date of the disciplinary action(for suspensions,the effective date will be the
first business day following the final day of the suspension).The Director of Human
Resources,or designee,will 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 will be
final.If the hearing officer upholds the disciplinary action,the employee will pay the
full cost and expenses of the hearing officer.
10.9. All disciplinary action documentation,except verbal reprimand documentation,will be
placed in an employee's Personnel File in the Human Resources Department.
Verbal reprimand documentation will be kept in the supervisor's employee files.
Supervisors shall inform management staff when a verbal reprimand is to be
implemented. If after twenty-four(24)months from implementation there have been
no recurrences of similar incidents,the supervisor shall destroy the verbal reprimand
documentation.
10.10. Written reprimands may be removed from an employee's personnel file twenty-four
(24)months subsequent to the date of the issuance,provided that there has been no
recurrence of a similar incident during the period.If the Human Resources
Department agrees to remove the written reprimand documentation from an
employee's personnel file such documentation will 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 proposed discipline.
10.11. Verbal reprimands and written reprimands may only be reviewed under this
Agreement through the Problem Solving Procedure.Nothing in this article will be
construed as a waiver of any statutory or constitutional rights.
10.12. 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 Group or by the Group.The District may not bring a grievance through this
Page 4 of 332
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 Group,be
consolidated for the purposes of this procedure.
11.3. Employees are encouraged prior to bringing forward a formal grievance,to discuss
the issue with the Director of Human Resources,or designee,in an effort to bring
about an informal resolution.
11.4. An employee may be self-represented or be represented by the Group at all steps of
the Grievance Procedure unless specifically agreed otherwise by the Group and the
employee. The District will provide a copy of all written grievance settlements to the
Group. Any reference to days in this article implies business days.
11.4.1. Step 1. An employee who has a complaint will attempt to resolve it with
his/her immediate supervisor within ten(10)days of the occurrence of the
event giving rise to the complaint,or within ten(10)days from the time that
the employee became aware of such event.The supervisor will attempt to
resolve the issues surrounding the complaint,and respond to the employee
within ten(10)days.
11.4.2. Step 2. If the grievance is not settled informally at Step 1,it may be
submitted in writing to the employee's Department Head,or designee.This
request for formal review must be presented on a form provided by the
District within ten(10)days of the conclusion of Step 1. A copy of each
written communication on a grievance shall be filed with the Assistant
General Manager,or designee. The written grievance must:
11.4.2.1. Identify the specific management act to be reviewed;
11.4.2.2. Specify how the employee was adversely affected;
11.4.2.3. List the specific provisions of this agreement-that were allegedly
violated and state how they were violated;
11.4.2.4. Specify the remedy requested;and
11.4.2.5. Provide the date of attempts at informal resolution and the name
of the supervisor or individual involved.
11.4.3. The Department Head will respond in writing to the employee within ten(10)
days after the date the grievance is received.
11.4.4. Step 3. If a grievance is not settled under Step 1 or 2,it may be presented to
the Assistant General Manager,or designee,for review and written
response.The request for formal review must be presented on a form
provided by the District within ten(10)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 shall be filed with the Assistant
General Manager,or designee.The Assistant General Manager,or
designee,will respond in writing to the employee within ten(10)days after
the date the grievance is received.
11.4.5. Step 4. If the grievance cannot be resolved under Step 3,it may be
presented to the General Manager within ten(10)days from the date the
Step 3 finding was issued.The General Manager,or designee,will respond
Page 5 of 332
in writing to the employee within fifteen(15)days after the date the grievance
is received.The decision of the General Manager is final.
11.5. General Provisions. An employee will be given reasonable time off without loss of
pay to present and process a grievance.If an employee is represented by the Group,
the Group may designate one(1)employee to present and process the grievance.
The employee representative will be given reasonable time off without loss of pay to
perform this responsibility.Absence from work will be approved only if it does not
cause disruption to District operations.However,if the time requested cannot be
provided,an alternate time will be arranged.
11.6. Failure of a supervisor,Department Head or other management representative to
respond within the appropriate time limit will provide a basis for the employee
appealing to the next step. If a grievance is not presented or appealed within the time
limits,it will be considered resolved on the basis of the preceding response.The
Human Resources Department may be petitioned in writing to waive the step or time
requirements provided sufficient cause exists.Time limits may also be extended at
any step upon mutual agreement of the parties.The District agrees to meet face-to-
face with the employee at each step of the grievance procedure at the request of the
employee.
11.7. Resolution may be agreed upon at any stage of the grievance process.However,the
Group will 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 will review the situation or decision,
and provide a written response within five(5)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 Human Resources Department
within ten(10)days of receipt of the supervisor's decision. Upon request of either
party,a meeting will be held to define issues and establish the remedies sought. The
employee will be provided a written response within ten(10)days after his/her
statement is received. Time limits may be extended for cause upon mutual consent
of the parties,and the decision of the Human Resources Department 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.
Page 6 of 332
13.3. Merit Pay
13.3.1. Step Increase Pay—Group employees are 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:
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.
13.4. Performance Management Program:The performance management program
includes two(2)rating categories(proficient and needs improvement)for
performance appraisals.
13.5. Development Pay—Employees under this Agreement are 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:
13.5.1. Education—Effective the f..st^ period in i'1"2n, ^Eligible
employees who obtain or who have obtained a graduate degree of
approved subjects at an accredited college or university will receive
$75.00 per pay period.
13.5.2. Certification/License—Effective the first pay period On July 2016,
eEligible employees who obtain or who have obtained a District
approved certification or license will receive$15.24 per pay period per
certificate or license with a maximum of three(3)certificates and/or
licenses.
13.5.3. Grade V Pay—Employees who receive Grade V pay in accordance with
the applicable District policy are ineligible to receive Development Pay
for their Grade V California Wastewater Treatment Plant Operator
Certificate. Employees who possess a Grade V Certificate and do not
meet the criteria for Grade V Pay are eligible for Development Pay in
accordance with the Development Pay Program Guidelines.
13.6. 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.
13.7. 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.
13.8. Salary Range Adjustments
13.8.1. Effective the first pay period in July 20196,employees under this
Agreement will receive salary range adjustments at a flat rate of
Page 7 of 332
3.02:5%.
13.8.2. Effective the first pay period in July 20204-7,employees under this
Agreement will receive salary range adjustments at a flat rate of
3.02:5%.
13.8.3. Effective the first pay period in July 202149,employees under this
Agreement will receive salary range adjustments at a flat rate of
3.02.5%.
13.9. Investment Incentive Salary(IIS)
13.9.1. An additional amount of 4%of base salary will be paid to employees
hired or promoted into the Group on or before October 16,2003 in a
lump-sum amount each pay period.This provision continues to make
employees whole as a result of the Ventura decision.The above
percentages will not be counted toward base salary for the purpose of
salary surveys.
13.9.2. In addition,employees hired or promoted into the Group on or before
October 16,2003 will be paid$1250 annually or$48.08 per pay period in
IIS to further encourage savings and investment for retirement.
13.9.3. IIS amounts are applied to annual,retirement,and termination leave
payouts for eligible employees.
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 will be notified
in writing two(2)weeks prior to the effective separation date.The employee will be
entitled to severance pay in accordance with the formula set forth below:
14.1.1. Full-time,regular employees will 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.
ARTICLE 15. -DEFERRED COMPENSATION
15.1. Employees may participate in the District 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 shifts 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
Page 8 of 332
employee will be paid at the employee's regular rate of pay for the holiday,and will
also receive pay at the rate of one and one half(1.5)times his/her 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,if
requested by December 31 of the prior year on the Holiday Comp Cashout Form.
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).
Holidays
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. Floating Holiday: Employees may elect one(1)day during each year as a"Floating
Holiday."New employees shall be granted a"Floating Holiday"on a pro rata basis in
the first calendar year of service per the following table:
Hire Date Percent
list Quarter(January-March) 100%
2nd Quarter(April-June) 75%
3'd Quarter(July-September) 50%
4th 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.
16.4. Part-time employees are eligible for holiday benefits on a pro-rata basis as set forth
in applicable District Policy.
Page 9 of 3
ARTICLE 17. -HOURS OF WORK
17.1. The work schedule for full-time employees will be eighty(80)hours per biweekly pay
period,normally scheduled in shifts of five(5)eight 8-hour days each week,four(4)
nine-9-hour days each week and one(1)additional 8-hour day on alternate weeks
(9/80),four(4)ten 10-hour days each week(8/80),or three(3)twelve 12-hour days
each week and one(1)additional 8-hour day on alternate weeks(7/80).However,
with the approval of the employee's supervisor,employees may be allowed to flex
their schedule within the pay period provided that the business needs,work flow,and
customer service needs of the District are met.
17.1.1. Operations Supervisors and Chief Plant Operators will receive paid thirty(30)
minute meal periods during which time Operations Supervisors and Chief Plant
Operators will remain on District premises and perform any work as necessary.
17.2. The District may,at its sole discretion,change an employee's work schedule with
thirty(30)days written notice to the affected employee,which may be waived by the
employee per written request.
17.2.1. The 30-day notice will not be applicable if the change is a result of a
reasonable accommodation.
ARTICLE 18.
(This article intentionally left blank)
ARTICLE 19.
(This article intentionally left blank)
ARTICLE 20. -INSURANCE
20.1. The District will provide healthcare and welfare insurance benefits.
20.2. All insurance coverage will become effective on the first day of the month following
date of hire,regardless of hire date.An open enrollment period will be held annually.
20.3. Medical Insurance
20.3.1. The District will provide medical health insurance coverage through a
Health Maintenance Organization(HMO)medical insurance plan,a
Preferred Provider Organization(PPO)medical insurance plan,and a
High Deductible Health Plan(HDHP).
20.4. Regular,full-time employees The District will contribute 90%of employee only
premiums for the HMO medical health plans and 80%of employee only premiums for
the PPO medical plan. The District will contribute 80%of the employee+1
dependent and full family premiums for the HMO or PPO medical plans. Any change
in insurance rates will be shared equally in same ratio as the District and employees
currently pay premiums. Before the renewal of any District sponsored health
insurance plan,the parties agree to meet and confer as to changes in the plan.
20.5. Regular,part-time employees Part-time employees are eligible for medical insurance
benefits on a pro-rata basis as set forth in the applicable District Policy.
Page 10 of 332
20.6. The HDHP will be accompanied by a Health Savings Account(HSA)to pay for
qualified medical expenses.OCSD will use a portion of the cost savings in premiums
to fund the HSA accounts during active employment only.The HSA will be funded
with the savings generated annually by calculating the difference between the
District's share of the PPO and HDHP premiums.Exact HSA account funding will be
calculated annually,prior to open enrollment,in an amount up to the difference in
deductibles,not to exceed the District's aforementioned annual premium cost
savings.
20.7. The District may reopen negotiations at any time during the term of this agreement to
address the impact of the Affordable Care Act(ACA).
20.8. Group Insurance Premiums
20.8.1. Group insurance premiums that are paid by salary redirection can be
made on a pre-tax basis.
20.9. Life Insurance
20.9.1. The District will pay the full premium for$50,000 term life insurance on
each employee.
20.10. Short Term Disability
20.10.1. The District will provide a non-work related,short-term disability
indemnity plan that provides benefits for employees equal to the
maximum weekly amount provided through California's State Disability
Insurance(SDI)program for up to twenty-six(26)weeks following a
fourteen(14)calendar day waiting period.
20.11. Long Term Disability
20.11.1. The District will 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,following a 90-
day waiting period of continuous disability,at such time that an employee
completes five(5)years of service.
20.11.2. 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 OCSD's long term disability plan contract accessible on the intranet.
20.11.3. No combination of disability or sick leave pay will 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 their own expense.
20.12. Dental Insurance
20.12.1. The District will contribute 80%of employee only and full family
premiums for dental insurance.
20.13. Vision Insurance
Page 11 of 3
20.13.1. The District will provide a vision insurance plan for regular,full-time
employees and eligible dependents.Part-time employees are eligible for
vision insurance benefits on a pro-rata basis as set forth in applicable
District Policy.
20.14. Retiring Employees
20.14.1. The District will 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 medical plan.
20.14.2. In the event the District adds additional optional insurance plans,the
District's share of the premium will 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 will be the same as
for existing insurance plans as set forth above.
20.14.3. 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 full ear of continuous service up to a _ — Commented[BS1]:Marc and SPMG team-We did not
maximum of 25 years or$250 per month. discuss this at the table,but we have updated this language
(house keeping)to align with OCSD's current practice.Are
20.15. Health Retirement Account(HRA)Reopener: The District and the Group agree you OK with this update?
to reopen this Agreement to discuss HRA plan design and funding mechanism options,
including District and/or employee funding,understanding the District is not making any
commitment to District funding.
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. Medical Reimbursement Account
21.2.1. 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/herself for
payment of health care costs not otherwise covered by his/her medical
insurance.
21.3. Dependent Care Assistance Account
21.3.1. 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/herself for child care
expenses or day care for a disabled dependent
ARTICLE 22. —EXTRAORDINARY SERVICES COMPENSATION
22.1. Employees in the Group are exempt from the overtime provisions of the Fair Labor
Page 12 of 332
Standards Act. However,when services are required beyond what is normally
expected of a position in this Group,employees will be eligible to receive additional
compensation,as defined herein,for performing extraordinary services.
Extraordinary services shall be defined as:
22.1.1. The General Manager declares an emergency.A declaration of an
emergency is at the sole discretion of the General Manager whose
decision is final and not subject to any other provision of this Agreement,
including Article 11—Grievance Procedure or Article 12—Problem
Solving Procedure.
22.1.2. The General Manager determines that there exists a critical event.A
critical event is defined as work of a prolonged nature;involving non-
emergency related services;major special projects;or when a
substantial effort must be expended to meet a compliance date or
scheduled deadline.The designation of a critical event is at the sole
discretion of the General Manager whose decision is final and not
subject to any other provision of this Agreement,including Article 11 —
Grievance Procedure or Article 12—Problem Solving Procedure.
22.1.3. Written approval of a critical event must be obtained in advance of the
work to be performed.The authorization shall set forth the work to be
accomplished,the anticipated start and end date and those employees
expected to participate in the work.The Department Head,or designee,
will be responsible for determining the actual start and end date as well
as those who actually work the event.
22.2. Upon the declaration of an emergency or upon the designation of a critical event,
employees will be compensated as follows:
22.2.1. Compensation will be restricted to those employees that are assigned to
the event,independent from which department they are assigned.
22.2.2. For emergencies,compensation will occur for all hours outside the
employee's regularly scheduled work shift.For critical events,
compensation will occur for all hours after an initial 10 hours of
uncompensated time has elapsed.
22.2.3. Employees in the Operations Supervisor classification will receive
additional compensation at one and one-half(1.5)times their regular rate
of pay.All other classifications shall receive straight time compensation.
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 six months 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 will 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
Page 13 of 332
be released during his/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 six months. The"probationary period"shall not divest an employee of
his/her property right 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.
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 will be
filled as an open or promotional recruitment.Whenever the District intends to fill a
position by promotion,the District will post the opportunity for a minimum of ten(10)
business days. Employees must apply during the period of posting. Notices will be
posted on the District's intranet.
24.2. A promoted employee will serve a promotional probationary period lasting at least
until the first day of the pay period six months after the effective date of the
promotion.
24.3. At any time during the promotional probationary period,an employee may be
returned to his/her previous position.The promotional probation period may be
extended by mutual agreement between the employee and District management for
up to ninety(90)days.
24.4. If an employee is promoted during his/her initial probationary period,the period will
be extended until at least the first day of the pay period six months after the effective
date of the promotion.
24.5. Promoted employees will receive the equivalent of a one(1)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 will continue participation in the Orange County Employees Retirement
System(OCERS),wherein all full-time employees and part-time employees
scheduled to work twenty(20)hours per week or more are considered members.
The following retirement program is in effect pursuant to the contract between
OCERS and the District.
25.1.1. Employees hired prior to 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.
Thep t,vilstrac�..,;e^+'nue to pay 4.5 +�Iowa,., rds the employee's
en+rdh--+k, +.,nrEoc fer these employees yihe elentPd+e make a
nm-
torne decision to rpmamnn+he Plan G program.
25.1.2. Employees hired on or after September 21, 1979 and before October 1,
2010:The District will continue to contract with OCERS to provide the
2.5%@ 55 benefit formula(Plan H)based on the highest consecutive
Page 14 of 332
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 towards the employee's contribution
to OCERS.
25.1.3. Employees hired on or after October 1,2010 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 contributions 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 will be
deducted from gross salary for taxation purposes in accordance with Internal
Revenue Code provisions.
ARTICLE 26. —SHIFT DIFFERENTIAL
26.1. Employees who are assigned to work a night shift that consists of 50%or more of the
hours between 6:00 p.m.and 6:00 a.m.and who actually work that shift will receive a
shift differential of$32.950 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 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
Page 15 of 332
Years of Service Hours-Biweekly Hours-Annual
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 applicable District Policy.
27.1.3. Vaeation leave beg nc after an employee hac n plated twenty sox(26)
yokq of enntin--e„c. ;PwdrA After his/her first twenty six(26)weeks of
seFV'Ge,hie./her arGeunt,..ill he eredited with fort.(40)hey F6 After that
Vacation leave may only be utilized in increments of one- ug arterW 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 paid
within the pay period,and is applicable to all types of leave,whether
legally protected or not.
27.1.5. Annual Payoff.Employees may have a maximum accumulation of two
hundred(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 two hundred(200)hours,it must be used prior to said
December date,all other remaining hours in excess of two hundred(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:to attend to the illness or injury of a family member as
hereinafter defined:or,for an employee who is a victim of domestic
violence,sexual assault,or stalking,for the purposes described in Labor
Code sections 230(c)and 230.1(a).Temporary employees shall receive
sick leave benefits as required by State law.
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 and one-
half(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 of leave accruals based on the number of hours paid
within the pay period,and is applicable to all types of leave,whether
Page 16 of 332
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 last pay period ending inof October
at their current hourly rate according to the following payoff schedule.
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
will 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 will 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:
27.2.7.1. Absence due to illness,injury or pregnancy of an employee.
27.2.7.2. Absence due to medical and dental office appointments of an
employee when approved by the employee's supervisor.
27.2.7.3. Absence for the care of the employee's father,father-in-law,
mother,mother-in-law,brother,sister,husband,wife,
domestic partner,child,child of domestic partner,
grandparent,grandchild,legal guardian,or family member
with whom the employee resides.
27.2.7.4. Absence due to a job-related injury.
27.2.7.5. Absence related to an employee who is a victim of domestic
violence,sexual assault,or stalking,for the purposes
described in Labor Code sections 230(c)and 230.1(a).
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
will be one ug arterAialf(0.25)hour increments.
27.2.9. The Human Resources Department and department management will be
responsible for controlling the abuse of the sick leave privilege.For
absences of ten(10)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 the Human Resources Department.
Upon return to work,a written doctor's release must be submitted to the
Human Resources Department.For absences of one(1)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
Page 17 of 332
submitted to the Human Resources Department.
27.2.10. 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 will comply with
the provisions of these Acts.
27.2.11. Sick Leave Incentive Plan. If the average sick leave usage of employees
in the Group is under forty(40)hours per year,calculated on annualized
actual time off from October to October,based on the last pay periods
ending in October,exclusive of catastrophic illness or injury requiring
absence in excess of two hundred(200)hours or industrial injury leave in
excess of eighty(80)hours,the annual payoff for unused sick leave will
be as follows:
Accrued Sick Leave Hours Rate of Payoff
0—100 15%
101 —240 45%
241 —560 60%
Over 560(mandatory) 75%
27.3. Jury Duty Leave
27.3.1. Any full-time,including probationary,employee who is called for jury duty
will be entitled to his/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,employees must complete an online time off
request form.To be entitled to receive regular pay for such jury leave,
employees must report for work during their regularly scheduled work
shift when they are relieved from jury duty service,unless there is less
than one-half('/z)of a regular shift remaining.Employees are not
compensated for jury duty occurring on scheduled days off.
27.3.3. An employee serving jury duty must obtain an attendance slip from the
court to be submitted to his/her supervisor with his/her timesheet in order
to be eligible for regular pay for those hours of absence due to jury duty.
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/her presence as a witness,except in a matter wherein
he/she is named as a defendant or plaintiff or as an expert witness,will,
upon approval of an online time off request,be entitled the time
necessary to comply with such subpoena. An employee's regular pay
will be reduced by the amount of witness leave pay received,exclusive
of mileage.
27.4.2. An employee so subpoenaed must submit a copy of the subpoena to
Page 18 of 3-2
his/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(1)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 will be made upon leave-of-absence forms
approved by the Human Resources Department and will 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 will
be submitted with the request.
27.5.2. Provisions of the Military and Veterans Code of the State of California,
Sections 395-395.5 will 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 vacation,administrative
leave,or personal 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. Any full-time employee,whether probationary or regular,shall receive a
maximum of thirty-six(36)hours off with pay for the death or funeral of
an immediate family member. Bereavement leave shall be used within
six(6)months of the death of the 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,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.Employees must submit an online time off
request form for approval by their supervisor. Employees may be
required to furnish evidence satisfactory to the District of the family
member's death and the employee's relationship to the deceased family
member. Employees may submit requests for bereavement leave after
the six(6)months to the Director of Human Resources or designee,who
has the discretion to grant or deny such requests. Any denial of a
request for the use of bereavement leave after the designated six(6)
months is not grievable or otherwise subject to appeal.
27.6.2. Part-time employees are eligible for bereavement leave on a pro-rata
basis as set forth in applicable District Policy.
27.7. Administrative Leave
Page 19 of 3 3
27.7.1. Effective the first pay period in July,regular full-time employees in the
Group shall be granted forty(40)hours of Administrative Leave.
Employees who are hired or promoted into the Group shall be granted
Administrative Leave on a pro-rata basis per the following schedule:
Hire Date Percent
July-September 100%
October-December 75%
January-March 50%
April-June 0%
27.7.2. Administrative Leave will be administered in accordance with the
following guidelines:
27.7.2.1. Administrative Leave may be used in one-quarter-(0.25)hour
increments.
27.7.2.2. Any unused Administrative Leave,within the fiscal year
granted,will not be carried over to the next fiscal year.
27.7.2.3. Any unused Administrative 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 Group for any reason
will forfeit any unused Administrative Leave.
ARTICLE 28. —LEAVE-OF-ABSENCE WITHOUT PAY
28.1. It is the policy of the District to grant employees leaves-of-absence without pay under
certain circumstances and in accordance with state and federal benefit entitlement
laws. Except as stated below,employees will 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
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.
28.3. Substitution of Paid Leave.
Page 20 of 3 3
28.3.1. Employees who request FMLA or CFRA Leave for qualifying purposes
other than the employee's own serious health condition will be required
to use all accruals before unpaid leave is granted.
28.3.2. Vacation,administrative leave or personal leave 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 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,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,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 26 weeks
of unpaid leave during a single 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 will run
concurrently with FMLA leave.
28.4.2.2. CFRA Leave 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
Page 21 of 332
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.
28.5. General Provisions
28.5.1. Requests for FMLA and CFRA Leave
28.5.1.1. Where the need for Leave is foreseeable,the District requests
thirty(30)days advance notice.
28.5.2. Medical Certification
28.5.2.1. 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 the
Department of Labor(DOL)regulations.
28.5.3. Medical and Dental Premiums
28.5.3.1. During FMLA and CFRA Leave,the District will 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 will be required to pay his or her share of medical
and dental premiums.Failure to submit a monthly co-payment,
in full,within forty-five(45)days of the invoice date will result in
loss of group coverage.Coverage will be reinstated upon
return to active employment.
28.5.4. Reinstatement
28.5.4.1. Upon expiration of FMLA or CFRA Leave,the employee will 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.,lay-off),in
which case the District's obligation to continue health and
dental or other benefits will cease.
28.5.5. District Employment of Spouses/Domestic Partners
28.5.5.1. FMLA Leave Married employees will 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.
28.5.5.2. 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.
28.5.6. General Leave
28.5.6.1. 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
Page 22 of 332
CFRA qualifying events after the expirations of previously
authorized leave.
28.5.6.2. 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.
28.5.6.3. Failure to submit a monthly co-payment,in full,within forty-five
(45)days of the invoice date will result in loss of group
coverage.Coverage will be reinstated upon return to active
employment.
28.5.7. Return to Work Policy
28.5.7.1. An employee who has been absent from work due to a
medical reason may be subject to a Return-to-Work medical
evaluation.
28.5.7.2. 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,will be considered. The
employee will be re-classified as medically disqualified while
alternative positions are being considered. Such time off will
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.
28.5.7.3. 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 will
be re-classified as medically disqualified and not permitted to
work. Thereafter,the employee will 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.
28.5.8. Bridge of Service
28.5.8.1. If an employee is dismissed per Section 28.5.7.3 and then is
rehired to a position within the District within one(1)year,the
District will 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.
28.5.9. Failure to Return to Work
28.5.9.1. If,upon the expiration of FMLA or CFRA Leave,or any District-
Page 23 of 3
approved extension thereof including General Leave,an
employee fails to return to work and no additional leave has
been authorized,the employee will be considered to have
automatically resigned from his/her position.In such cases,the
employee will receive advance notification of the District's
intent to implement an automatic resignation.
28.5.10. Compliance with Law
28.5.10.1.These Leave-of-Absence provisions will 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 will govern.
ARTICLE 29. --CLASSIFICATION STUDIES
29.1. The law requires meet and confer over changes to wages,hours,and terms and
conditions of employment;the District is committed to complying with the law.
29.2. An employee who believes his/her position is not properly classified may submit a
written request to the Department Head asking that a classification study be
conducted.The Department Head will acknowledge the request in writing and review
the request for accuracy,and forward it to the Human Resources Department 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 1st for the November review and according to
the Finance budget schedule which normally requests all information by the end of
February.District 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.
29.2.1. 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 will
be implemented in the first pay period immediately following the
completion of the study unless the recommendations require action to be
taken by the Board of Directors prior to implementation.In such event,
the recommendations will be implemented in the first pay period
immediately following authorization by the Board.
29.3. Y-Rating
29.3.1. 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 will
remain unchanged.
29.3.2. Y-rating will be granted for all reclassifications where employees are
working in a job classification with a lower maximum rate of pay 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(unless otherwise
authorized by the General Manager).
Page 24 of 332
29.3.3. The Y-rate will remain in effect until the salary range for the new
classification equals or exceeds the employee's Y-rated salary.
Employees become eligible for merit increases and range adjustments
when the Y-rate is no longer in effect.
ARTICLE 30. -DRIVER'S LICENSE
30.1. Employees who are required by the District to drive must notify their supervisor and
the 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/her regular duties and responsibilities notifies the District in a timely fashion,an
attempt will be made to place the employee in an equal or lower level position for
which he/she is qualified.Placement in the range of the new classification is subject
to District's management discretion.
30.3. The District will continue to pay the license renewals and physical examination costs
of Class A and B licenses that are specifically required by the District.
ARTICLE 31. -LAYOFF PROCEDURE
31.1. If,in the sole discretion of District's management,personnel reductions are
necessary,layoff order and recall lists will be developed based upon job
classification,priority of function,job performance,individual qualifications and
seniority.The Group and employees subject to lay off will be provided with at least
two(2)weeks notification in writing whenever possible.
31.2. Employees in classifications subject to layoff may request a voluntary demotion to
any previously held position for which they remain qualified.Such request 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 will be
unchanged,except that it may not exceed the top step of the range for the lower level
classification.
31.3. Recall lists will be developed for all classifications experiencing personnel reductions,
and will be maintained for a period of two(2)years from the date of layoff.Individuals
will 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 will be made to the individual on the top of the list.
That individual must respond to the offer within five(5)days,or the offer will be made
to the next person on the list.An individual who either does not respond or refuses
three(3)consecutive offers will have his/her name removed from the list.
31.4. 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
Page 25 of 332
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 his/her 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 will be conducted on District time and at District expense.An employee
may submit an independent medical opinion regarding his/her condition and
addressing his/her ability to competently perform the duties of the position.This
information will 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 will 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 an
open,budgeted position at a higher level for a period of at least one hundred(100)
consecutive hours will be eligible for a one(1)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 101st hour,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 Head and the Human Resources Department.
The one hundred(100)-hour eligibility period may be waived at the discretion of the
General Manager.Time served in higher level assignments shall be credited as
qualifying experience for promotional purposes.
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 Human
Resources Department. It is the responsibility of each employee to keep the personal
information in his/her files current,including home address,telephone number and
person to contact in an emergency.
ARTICLE 38. -BULLETIN BOARDS
38.1. The Group 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 or derogatory of the District,
Page 26 of 3-2
its employees,officers or Directors may be posted;(b)nothing posted by the District
may be removed;(c)the Group will remove its notices after a reasonable length of
time;and(d)only a reasonable number of notices will 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
Group will be granted reasonable release time for attending meet and confer
sessions at the bargaining table. Release time will not be compensated for any
hours that exceed the employee's regularly scheduled hours of work.
39.2. The Group will provide the Human Resources Department with the names of
employees requiring meet and confer release time in advance of the meet and confer
session.The release time will be granted provided that the needs of the District
permit the time away from assigned work.
ARTICLE 40. -USE OF DISTRICT FACILITIES
40.1. District facilities may be used by the Group with prior notice to the Human Resources
Department for the purpose of holding meetings,to the extent that such use does not
interfere with normal District operations.The Group agrees to pay for the cost of any
additional custodial or security services.
ARTICLE 41. -SCOPE OF BARGAINING
41.1. The District and the Group 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 Group,for the term of this Agreement,
except as otherwise provided herein,each voluntarily and unqualifiedly waive the
right,and each agrees that the other will 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 Group 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 will be scheduled and held between
the parties within fourteen(14)calendar days or as soon as practicable to:
42.1.1. 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.
42.2. Impasse Procedures are:
42.2.1. Mediation:If the parties mutually agree to submit the dispute to the State
Mediator and Conciliation Service all mediation proceedings will be
private and as soon as practicable. The mediator will make no public
recommendation,nor take any public position at any time concerning the
issues.
42.2.2. Fact-Finding: Whether the parties submit the dispute to mediation or not,
the Group may request that the parties'differences be submitted to a
Page 27 of 332
factfinding panel as soon as practicable.The cost of a fact finder and
other mutually incurred costs will be mutually shared by the District and
Group.
42.2.3. Board Actions:If the parties fail to resolve the impasse,the dispute will
be sent to the District Board of Directors for resolution.Each party will
submit its written proposal on all issues to the 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 will
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 will 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 the Group will meet and
confer on the affected article,section or subsection.In such event,all other articles,
sections or subsections of this Agreement not affected will continue in full force and
effect.
ARTICLE 44. -UNIFORMS
44.1. The District will provide and maintain ten(10)uniform pants and shirts,which may
include the name of the employee and District 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 Group members.The District
and the Group agree to meet and confer for any proposed revisions to the policy.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 Group
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:
Page 28 of 3 2
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. —NEW EMPLOYEE ORIENTATION AND DUES DEDUCTIONS
46.1. New Employee OrientationP'
Group informational paGket will be provided te these employees helding Greup
•nfnrm^tinn,^GFe p Payroll Ded u^tinn n--thnri7^tinn Form and^tr^nSmiURI
mating:
46.1.1. The Group will be allowed up to one(4)half-hour each orientation
session to communicate with Group-represented classifications to
explain the rights and benefits as set forth in this Agreement.Human
Resources staff will send to the Group representative,or designee,a
notice of each new employee orientation session.The notice will be
provided w4h-at least 10 days prior to the session,or as soon as
practicable,and will include pertinent session details.^A4anagement
paFtiGipatien;
46.1.2. The District will hold new employee orientation sessions on a regular
basis or at least on a quarterly basis,given there are new Group-
represented classifications.If there are no new hires in the Group-
represented classifications for a scheduled session,the District will notify
the Group as soon as possible in advance of the session.The epee
belongs to^^InnSifi^ntinn represented by the(rein)
46.1.3. Human Resources staff will provide the Group with an electronic copy of
the name,home address,personal email address,and personal cell
phone number of all new Group-represented employees within 30 days
of hire.
all^ nleyee.in the GFeup;and
46.1.4. Human Resources staff will provide the Group with an electronic copy of
the name,home address,personal email address,and personal cell
phone number of all Group-represented employees at least every 120
days Th^^ nl .i^^m mnl^t^the(_romp Payroll-Ded u^tir.n
A-Ahnri7-.;t',gn Fnrm and si-br.it it to the H,in.;;n Rt-se irn^c Departrn^nt if
hnlshp y i ld like to inn the n
46.2. Dues Deductions
46.2.1. Remittance of the aggregate amount of all dues and other proper deductions
made from the salaries of employees covered hereunder shall be made to
AFSCME along with an electronic report detailing the employee's name,employee
number,bargaining unit,classification title and pay rate(whinh may be title�
m^thin^else like level step) work location,work phone,work e-mail,hire date,
home address,home phone,home e-mail,cell phone,birthdat^ ^ender,^thni^iit.,
and deduction amount(s)and tvpe(s).
46.1 5-.46.2.2. The Group shall indemnify,defend and hold the District harmless against
any liability from any claims,demands,or other action related to the District's
deduction of Union Dues,including claims related to the Union's use of monies
collected under these provisions.Thn District will and„^t from eReh r ..I^r
Page 29 of 332
paycheck andr it t Gr
oup rn the dues,n e initiation fens and asspssmpnts fnr each
must be filed by the end of the pay period prier to the peried fOF WhiGh thi,deduption
requested.
2. The Di6tFiGt Will pFevide the Greup a quartedy list ef the Harnes ef these employees
• for...ham i4 has ma.dc.doll etmens in addition,
...the District ill c ..male the Ramp,,;of
new nleyees and then of employees whn have terminated...ithin the
reperting period.
ARTICLE 47. -MAINTENANCE OF MEMBERSHIP
47.1. All employees who are members of the Group,or who become members of the
Group,shall remain members of the Group,except that any employee may withdraw
his/her membership by written notice to the Group and the District during the ten day
period between ninety(90)and one hundred(100)days preceding the expiration of
this agreement.
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 will not lockout
employees in this Group,and Group agrees that it will 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 Group
members.The District and the Group agree to meet and confer for any proposed
revisions to the policy.
ARTICLE 51. -RESIGNATION
51.1. Voluntary written resignation of employment with the District is automatically deemed
irrevocable after seventy-two(72)hours from the District's receipt of the resignation
except by approval of the Human Resources Department. The District may accept in
writing any verbal or written resignation at any time and deem such resignation
irrevocable.
ARTICLE 52.
(This article intentionally left blank)
Page 30 of 332
SIGNATURE PAGE
201 —20
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
EMPLOYEES OF THE SUPERVISOR GROUP
Executed:
SUPERVISOR GROUP ORANGE COUNTY SANITATION DISTRICT
Steve Koffroth,Business Representative, Laura Drottz Kalty,G#ie�Lead Negotiator
AFSCME Council 36(Affiliate of SPMG)
I Srhrn'dt Business Representative.
URG
Luis Schmidt, Business Representative,
AFSCME Council 36(Affiliate of SPMG
Marc Brown,Principal Staff Analyst Celia Chandler,Director of Human Resources
Angela Brandt,Accounting Supervisor Laura Maravilla,Human Resources&Risk
Manager
Resources Analyst
Bob Bell,Maintenance Supervisor Andrew Nau.Human Resources Supervisor
I p a Marayallp H m n Re o- A R' k
SuperviserMana
Bran Bmnqman,Cnq n q Supervise.
Page 31 of 332
Brian Bingman,Engineering Supervisor janine Agu4afThys DeVries,PF+aeiyai
SenierPrincipal Human Resources Analyst
Laurie e Stephanie Barron,Senior
Human Resources Analyst
APPENDIX A
Medical Insurance Plan Design Components1,2
CURRENT STATE
PPO High Deductible Health Plan
Plan Design Component
In-Network Non-Network In-Network Non-Network
Deductible $150/$450 $1,3001 3 5 0/$2-, 0 2� 000
Annual Out-of- $2,000 $3,000 $2,500 $5,000
Pocket Max/Member
Annual Out-of- $4,000 $6,000 $5,000 $10,000
Pocket Max/Family
Major Medical
Physician Office Visit $15/Visit 30% 10% 30%
Specialist Office Visit $15/Visit 30% 10% 30%
Preventive Care No Charge 30% No Charge 414t-C.�•'^'^^'30%
30%(up to
Inpatient Hospitalization 10% 30%+$500 10% $1,000/day,non-
emergency)+ 500
Outpatient 10% 30% 10% 30%(up to
Hospitalization/Surgery $350/admit)
$100/Visit+10%
Emergency Room $100/Visit+10% (copav waived if admitted)
(copay waived if admitted) $ o it
(waived if adR4tted)
Infertility Benefits Not Covered Not Covered
Urgent Care $15/Visit 30% 10% 30%
Chiropractic $15/Visit 30% 10%/Visit 30%/Visit
(30 visits/year) (30 visits/year) (30 visits/year) (30 visits/year)
Opt-Out from Plan Yes Yes Yes
Prescription Drugs Generic/Brand/ Generic/Brand/ Generic/Brand
Non-Preferred Brand Non-Preferred Brand
Page 32 of 3
$5/$20/$35 $10/$25/$40 after
Retail deductible
(30-day supply) Not Covered Not Covered
(30-day supply)
$5/$40/$70 $20/$50/$80 after
Mail Order deductible
(90-day supply) Not Covered Not Covered
(90-day supply)
Plan Design Components will include any applicable mandated legislative changes.
2 This is not a complete description of all benefit provisions.The information contained in Summary Plan Descriptions(SPDs)and
Evidence of Coverage EOC booklets prevails.
Medical Insurance Plan Design Components1,2
CURRENT STATE
Plan Design Component Anthem HMO Kaiser HMO Kaiser Bronze
Deductible None None $5,000Individual
$10,000 Family
Annual Out-of- $1,500 $1,500 $6,250
Pocket Max/Member
Annual Out-of- $3,000 $3,000 $12,500
Pocket Max/Family
Major Medical
Physician Office Visit $15/Visit $15/Visit $60/Visit
Specialist Office Visit $15/Visit $15/Visit $70/Visit
Preventive Care No Charge No Charge No Charge
Inpatient Hospitalization $100 Admit $100 Admit 30%
Outpatient $15 Co-pay o
Hospitalization/Surgery $50 Admit (per procedure) 30/Emergency Room $100/Visit $100/Visit $300/Visit
(waived if admitted) (waived if admitted) (waived if admitted)
Infertility Benefits Status Quo Status Quo Not Covered
Urgent Care $15/Visit $15/Visit $60/Visit
Chiropractic $19-W Visit * $10/Visit Not Covered
(8&60 visits/year)_ (30 visits/year)
Opt-Out from Plan Yes Yes Yes
Prescription Drugs Generic/Brand/Non- Generic/Brand Generic/Brand
Preferred Brand
$5/$20/$35 $5/$20 $15/$50 medical
Retail 30-day supply) 30-day supply) deductible applies
( y Pp Y) ( y pp Y) (30-day supply)
Page 33 of 332
$5/$40/$70 $5/$20 $30/$100 medical
Mail Order deductible applies
(90-day supply) (100-day supply) deductible
supply)
Plan Design Components will include any applicable mandated legislative changes.
2 This is not a complete description of all benefit provisions.The information contained in Summary Plan Descriptions(SPDs)
and Evidence of Coverage(EOC)booklets prevails.
For chiropractic services through the American Specialty Health(ASH)Network,the copay is$10 with a maximum of 30 visits
in a calendar year for covered services.
Page 34 of 332
i
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
EMPLOYEES IN THE PROFESSIONAL GROUP
July 1, 20196 through June 30, 20224-9
8971409.1 OR040-031
TABLE OF CONTENTS
ARTICLE 1.-RECOGNITION.................................................................................................................................1
ARTICLE2.-DURATION........................................................................................................................................1
ARTICLE 3.-SUCCESSOR AGREEMENT............................................................................................................1
ARTICLE 4.-GROUP ACCESS.............................................................................................................................1
ARTICLE5.-GROUP RIGHTS...............................................................................................................................2
ARTICLE 6.-DISTRICT RIGHTS...........................................................................................................................2
ARTICLE 7.-NONDISCRIMINATION IN EMPLOYMENT......................................................................................2
ARTICLE 8.-SMOKE-FREE WORK ENVIRONMENT...........................................................................................2
ARTICLE9.-SAFETY.............................................................................................................................................3
ARTICLE 10. -DISCIPLINE AND DISMISSAL.....................................................................................................3
ARTICLE 11. -GRIEVANCE PROCEDURE........................................................................................................4
11.43.1. STEP 1.....................................................................................................................................................5
11.43.2. STEP 2.....................................................................................................................................................5
11.43.4. STEP 3.....................................................................................................................................................5
11.43.5. STEP 4.....................................................................................................................................................5
ARTICLE 12. -PROBLEM SOLVING PROCEDURE...........................................................................................6
ARTICLE 13. -SALARY ADJUSTMENTS AND COMPENSATION.....................................................................6
13.3. MERIT PAY...............................................................................................................................................7
13.4. PERFORMANCE MANAGEMENT PROGRAM...................................................................................................7
13.5. DEVELOPMENT PAY...................................................................................................................................7
13.89. SALARY RANGE ADJUSTMENTS..................................................................................................................7
13.94-0. INVESTMENT INCENTIVE SALARY(IIS)........................................................................................................8
ARTICLE 14. -SEVERANCE PAY.......................................................................................................................8
ARTICLE 15. DEFERRED COMPENSATION...................................................................................................8
ARTICLE16. -HOLIDAYS...................................................................................................................................8
16.2. FLOATING HOLIDAY...................................................................................................................................9
ARTICLE 17. -HOURS OF WORK....................................................................................................................10
ARTICLE18......................................................................................................................................................10
ARTICLE 19.................................................................................................................................
...................—.....
... 10
ARTICLE 20. -INSURANCE..............................................................................................................................10
20.3. MEDICAL INSURANCE...............................................................................................................................10
20.86. GROUP INSURANCE PREMIUMS................................................................................................................11
20.97. LIFE INSURANCE......................................................................................................................................11
20.10 SHORT TERM DISABILITY.................................................................................................... 11
20.119. LONG TERM DISABILITY...........................................................................................................................11
20.124-0. DENTAL INSURANCE................................................................................................................................11
20.1344. VISION INSURANCE..................................................................................................................................11
20.1443. RETIRING EMPLOYEES.............................................................................................................................12
Page
8971409.1 OR040-031
20.15 HEALTH RETIREMENT ACCOUNT REOPENER..............................................................................12
ARTICLE 21. -REIMBURSEMENT ACCOUNT.................................................................................................12
21.2. MEDICAL REIMBURSEMENT ACCOUNT......................................................................................................12
21.3. DEPENDENT CARE ASSISTANCE ACCOUNT...............................................................................................12
ARTICLE 22. -EXTRAORDINARY SERVICES COMPENSATION...................................................................12
ARTICLE 23. PROBATIONARY PERIOD........................................................................................................13
ARTICLE 24. PROMOTIONS...........................................................................................................................14
ARTICLE 25. RETIREMENT............................................................................................................................14
25.1.1. EMPLOYEES HIRED PRIOR TO SEPTEMBER 21,1979.................................................................................14
25.1.2. EMPLOYEES HIRED ON OR AFTER SEPTEMBER 21,1979 AND BEFORE OCTOBER 1,2010...........................14
25.1.3. EMPLOYEES HIRED ON OR AFTER OCTOBER 1.2010.................................................................................15
25.1.4. EMPLOYEES HIRED ON OR AFTER JANUARY 1,2013.....................................................................15
ARTICLE 26. -SHIFT DIFFERENTIAL..............................................................................................................15
ARTICLE 27. -LEAVE-OF-ABSENCE WITH PAY.............................................................................................15
27.1. VACATION LEAVE....................................................................................................................................15
27.2. SICK LEAVE............................................................................................................................................16
27.3. JURY DUTY LEAVE..................................................................................................................................18
27.4. WITNESS LEAVE......................................................................................................................................18
27.5. MILITARY LEAVE......................................................................................................................................19
27.6. BEREAVEMENT LEAVE.............................................................................................................................19
27.7. ADMINISTRATIVE LEAVE...........................................................................................................................19
ARTICLE 28. -LEAVE-OF-ABSENCE WITHOUT PAY.....................................................................................20
28.3. SUBSTITUTION OF PAID LEAVE.................................................................................................................20
28.4. PERMISSIBLE USES.................................................................................................................................21
28.5. GENERAL PROVISIONS'EAIIF...............................................................................................................2222
28 6 Rrri IRN r. ni ov PQ''PY FgR IS1C)N WQRK or'-ram.,�"r 23
28.7.Q_QP4PI T#E :. .............................................................24
ARTICLE 29. -CLASSIFICATION STUDIES.....................................................................................................24
29.34. Y-RATING...............................................................................................................................................24
ARTICLE 30. DRIVER'S LICENSE..................................................................................................................25
ARTICLE 31. -LAYOFF PROCEDURE.............................................................................................................25
ARTICLE 32. LIGHT DUTY..............................................................................................................................25
ARTICLE 33. MEDICAL EXAMINATION..........................................................................................................25
ARTICLE 34. MILEAGE ALLOWANCE............................................................................................................26
ARTICLE35. ACTING PAY..............................................................................................................................26
ARTICLE36. .............................................................................................................................26
ARTICLE 37. PERSONNEL FILES..................................................................................................................26
ARTICLE 38. -BULLETIN BOARDS..................................................................................................................26
ARTICLE 39. -RELEASE TIME FOR MEET AND CONFER SESSIONS.........................................................26
ARTICLE 40. -USE OF DISTRICT FACILITIES................................................................................................27
ARTICLE 41. -SCOPE OF BARGAINING.........................................................................................................27
Page ii
8971409.1 OR040-031
ARTICLE 42. -IMPASSE PROCEDURES.........................................................................................................27
42.2. IMPASSE PROCEDURES...........................................................................................................................27
ARTICLE 43. -SEVERABILITY..........................................................................................................................28
ARTICLE 44. -UNIFORMS................................................................................................................................28
ARTICLE 45. -SUBSTANCE ABUSE POLICY..................................................................................................28
45.2. DEPARTMENT OF TRANSPORTATION(DOT)
REGULAAETIONS.............................................................28
45.32. DISTRICTS SUBSTANCE ABUSE POLICYEPARTMENT of T-R-NSPQRTAT,Q",RrGU AT'^"'s 28
ARTICLE 46. -NEW EMPLOYEE ORIENTATION AND DUES DEDUCTIONS................................................28
46.1 NEW EMPLOYEE ORIENTATION..............................................................................................28
46.2 DUES DEDUCTIONS ...........................................................................................................29
ARTICLE 47. -MAINTENANCE OF MEMBERSHIP..........................................................................................30
ARTICLE 48. -PEACEFUL RESOLUTION OF DISPUTES...............................................................................30
ARTICLE49.. .............................................................................................................................30
ARTICLE 50. -WORKPLACE VIOLENCE AND WEAPONS POLICY...............................................................30
ARTICLE51. RESIGNATION...........................................................................................................................30
ARTICLE52.. .............................................................................................................................30
SIGNATUREPAGE..............................................................................................................................................31
APPENDIXA ...................................................................................................................................................342
Page iii
8971409.1 OR040-031
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
EMPLOYEES IN THE PROFESSIONAL GROUP
In accordance with the provisions of California Government Code Sections 3500,et seq.,and
Resolution No.99-24 of the Joint Boards of Directors,the District's authorized representatives
have met and conferred in good faith with representatives of the Professional Group. These
meetings have resulted in an agreement and understanding to recommend that the employees
represented by the Professional Group 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 the Professional Group as set forth in this
Agreement.
ARTICLE 1. -RECOGNITION
1.1. This Agreement,effective July 1,20196,is entered into between the Orange County
Sanitation District,referred to hereinafter as the"District",and the Professional
Group,referred to hereinafter as"Group",as a mutual recommendation to the Board
of Directors of the District of those wages,hours of work,and terms and conditions of
employment.
ARTICLE 2. -DURATION
2.1. This Agreement will be binding on the District and the Group when approved and
adopted by the District's Board of Directors. This Agreement will terminate on June
30,20224-9. Any issue regarding the question of representation shall be brought
pursuant to the Employer-Employee Relations Resolutions(EERR),Resolution No.
OCSD 99-24.
ARTICLE 3. -SUCCESSOR AGREEMENT
3.1. The Group will submit in writing its initial proposal for a successor agreement prior to
the expiration date of this Agreement.
ARTICLE 4. -GROUP ACCESS
4.1. A Group representative will have access to the District facilities during normal
working hours for the purpose of assisting Group employees in processing
grievances or investigating matters arising out of the application of provisions of this
Agreement.
4.2. The Group will provide the Human Resources Department or designee,with a list of
Representatives who are authorized to request access under this article,and will
notify the Director of Human Resources,or designee,of any changes in that list.
4.3. Group access will not unreasonably interfere with District operations,or with the work
of employees in any manner.The District reserves the right to restrict access in
certain areas designated confidential or secure.
Page 1 of 332
8971409.1 OR040-031
ARTICLE 5. -GROUP RIGHTS
5.1. The Group may designate up to five(5)employees to act as representatives for
employees covered by this Agreement. The Group will furnish the Human Resources
Department with the names of employees selected as representatives and will
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 Group may not act as representatives.
5.2. Representatives will not perform non work-related duties on work time without the
prior approval of their immediate supervisor.Neither the District nor the Group will
interfere with,intimidate,restrain,coerce or discriminate against employees because
of the exercise or non-exercise of their rights to engage in Group 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.
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 the Group 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 will be no unlawful discrimination in the application of the provisions of this
Agreement with regard to actual or perceived race,color,religion,national origin,
ancestry,sex,gender,gender identity,gender expression,sexual orientation,age,
physical or mental disability,medical condition,genetic information,marital status,or
military or veteran status,or any other lawfully protected class.To the extent required
by law or by the District's rules or regulations,this provision of the Agreement will be
applied to all members of the Group without regard to any protected classification.
ARTICLE 8. -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
Page 2 of 332
8971409.1 OR040-031
District employees and their families,smoking and the use of tobacco(cigarettes,
cigars,e-cigarettes["vaping"]and related tobacco products and technologies)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.The
Group will 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 supervisor. An employee will not be required to perform work that is
unsafe.
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 Group:verbal reprimand;written reprimand;
suspension without pay;reduction in pay;demotion to a classification with a lower
pay grade,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 suspension without pay,reduction in pay,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 will be presumed
to provide actual notice to the affected employee. The Notice of Intent will indicate
the date on which it was personally delivered or deposited in the mail,which will be
the date of issuance.
10.5. The Notice of Intent will 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 will also advise the employee of the right to representation.
10.6. Prior to the effective date of the proposed disciplinary action,the employee will 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 will notify the employee
in writing of the action that will 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.
Page 3 of 332
8971409.1 OR040-031
10.7. Dismissal will 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
Assistant General Manager or designee,within ten(10)business days following the
effective date of the disciplinary action(for suspensions,the effective date will be the
first business day following the final day of the suspension).The Director of Human
Resources,or designee,will 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 will be
final.If the hearing officer upholds the disciplinary action,the employee will pay the
full cost and expenses of the hearing officer.
10.9. All disciplinary action documentation,except verbal reprimand documentation,will be
placed in an employee's Personnel File in the Human Resources Department.
Verbal reprimand documentation will be kept in the supervisor's employee files.
Supervisors shall inform management staff when a verbal reprimand is to be
implemented. If after twenty-four(24)months from implementation there have been
no recurrences of similar incidents,the supervisor shall destroy the verbal reprimand
documentation.
10.10. Written reprimands may be removed from an employee's personnel file twenty-four
(24)months subsequent to the date of the issuance,provided that there has been no
recurrence of a similar incident during the period.If the Human Resources
Department agrees to remove the written reprimand documentation from an
employee's personnel file such documentation will 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 proposed discipline.
10.11. Verbal reprimands and written reprimands may only be reviewed under this
Agreement through the Problem Solving Procedure.Nothing in this article will be
construed as a waiver of any statutory or constitutional rights.
10.12. 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 Group or by the Group.The District may not bring a grievance through this
Page 4 of 332
8971409.1 OR040-031
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 Group,be
consolidated for the purposes of this procedure.
11.3. Employees are encouraged prior to bringing forward a formal grievance,to discuss
the issue with the Director of Human Resources,or designee,in an effort to bring
about an informal resolution.
11.4. An employee may be self-represented or be represented by the Group at all steps of
the Grievance Procedure unless specifically agreed otherwise by the Group and the
employee. The District will provide a copy of all written grievance settlements to the
Group. Any reference to days in this article implies business days.
11.4.1. Step 1. An employee who has a complaint will attempt to resolve it with
his/her immediate supervisor within ten(10)days of the occurrence of the
event giving rise to the complaint,or within ten(10)days from the time that
the employee became aware of such event.The supervisor will attempt to
resolve the issues surrounding the complaint,and respond to the employee
within ten(10)days.
11.4.2. Step 2. If the grievance is not settled informally at Step 1,it may be
submitted in writing to the employee's Department Head,or designee.This
request for formal review must be presented on a form provided by the
District within ten(10)days of the conclusion of Step 1. A copy of each
written communication on a grievance shall be filed with the Assistant
General Manager,or designee. The written grievance must:
11.4.2.1. Identify the specific management act to be reviewed;
11.4.2.2. Specify how the employee was adversely affected;
11.4.2.3. List the specific provisions of this agreement that were allegedly
violated and state how they were violated;
11.4.2.4. Specify the remedy requested;and
11.4.2.5. Provide the date of attempts at informal resolution and the name
of the supervisor or individual involved.
11.4.3. The Department Head will respond in writing to the employee within ten(10)
days after the date the grievance is received.
11.4.4. Step 3. If a grievance is not settled under Step 1 or 2,it may be presented to
the Assistant General Manager,or designee,for review and written
response.The request for formal review must be presented on a form
provided by the District within ten(10)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 shall be filed with the Assistant
General Manager,or designee.The Assistant General Manager,or
designee,will respond in writing to the employee within ten(10)days after
the date the grievance is received.
11.4.5. Step 4. If the grievance cannot be resolved under Step 3,it may be
presented to the General Manager within ten(10)days from the date the
Step 3 finding was issued.The General Manager,or designee,will respond
Page 5 of 332
8971409.1 OR040-031
in writing to the employee within fifteen(15)days after the date the grievance
is received.The decision of the General Manager is final.
11.5. General Provisions. An employee will be given reasonable time off without loss of
pay to present and process a grievance.If an employee is represented by the Group,
the Group may designate one(1)employee to present and process the grievance.
The employee representative will be given reasonable time off without loss of pay to
perform this responsibility.Absence from work will be approved only if it does not
cause disruption to District operations.However,if the time requested cannot be
provided,an alternate time will be arranged.
11.6. Failure of a supervisor,Department Head or other management representative to
respond within the appropriate time limit will provide a basis for the employee
appealing to the next step. If a grievance is not presented or appealed within the time
limits,it will be considered resolved on the basis of the preceding response.The
Human Resources Department may be petitioned in writing to waive the step or time
requirements provided sufficient cause exists.Time limits may also be extended at
any step upon mutual agreement of the parties.The District agrees to meet face-to-
face with the employee at each step of the grievance procedure at the request of the
employee.
11.7. Resolution may be agreed upon at any stage of the grievance process.However,the
Group will 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 will review the situation or decision,
and provide a written response within five(5)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 Human Resources Department
within ten(10)days of receipt of the supervisor's decision. Upon request of either
party,a meeting will be held to define issues and establish the remedies sought. The
employee will be provided a written response within ten(10)days after his/her
statement is received. Time limits may be extended for cause upon mutual consent
of the parties,and the decision of the Human Resources Department 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.
Page 6 of 332
8971409.1 OR040-031
13.3. Merit Pay
13.3.1. Step Increase Pay—Group employees are 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:
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.
13.4. Performance Management Program:The performance management program
includes two(2)rating categories(proficient and needs improvement)for
performance appraisals.
13.5. Development Pay—Employees under this Agreement are 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:
13.5.1. Education—Effective the fors ^ period On '�"ten,a ^Eligible
employees who obtain or who have obtained a graduate degree of
approved subjects at an accredited college or university will receive
$75.00 per pay period.
13.5.2. Certification/License—Effective the first^ period On July 2016,
eEligible employees who obtain or who have obtained a District
approved certification or license will receive$15.24 per pay period per
certificate or license with a maximum of three(3)certificates and/or
licenses.
13.5.3. Grade V Pay—Employees who receive Grade V pay in accordance with
the applicable District policy are ineligible to receive Development Pay
for their Grade V California Wastewater Treatment Plant Operator
Certificate. Employees who possess a Grade V Certificate and do not
meet the criteria for Grade V Pay are eligible for Development Pay in
accordance with the Development Pay Program Guidelines.
13.6. 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.
13.7. 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.
13.8. Salary Range Adjustments
13.8.1. Effective the first pay period in July 20196,employees under this
Agreement will receive salary range adjustments at a flat rate of
Page 7 of 332
8971409.1 OR040-031
13.8.2. Effective the first pay period in July 20204-7,employees under this
Agreement will receive salary range adjustments at a flat rate of
2-53.0%.
13.8.3. Effective the first pay period in July 20214-8,employees under this
Agreement will receive salary range adjustments at a flat rate of
2-.53.0%.
13.9. Investment Incentive Salary(IIS)
13.9.1. An additional amount of 4%of base salary will be paid to employees
hired or promoted into the Group on or before October 16,2003 in a
lump-sum amount each pay period.This provision continues to make
employees whole as a result of the Ventura decision.The above
percentages will not be counted toward base salary for the purpose of
salary surveys.
13.9.2. In addition,employees hired or promoted into the Group on or before
October 16,2003 will be paid$1250 annually or$48.08 per pay period in
IIS to further encourage savings and investment for retirement.
13.9.3. IIS amounts are applied to annual,retirement,and termination leave
payouts for eligible employees.
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 will be notified
in writing two(2)weeks prior to the effective separation date.The employee will be
entitled to severance pay in accordance with the formula set forth below:
14.1.1. Full-time,regular employees will 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.
ARTICLE 15. -DEFERRED COMPENSATION
15.1. Employees may participate in the District 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 shifts 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
Page 8 of 332
8971409.1 OR040-031
employee will be paid at the employee's regular rate of pay for the holiday,and will
also receive pay at the rate of one and one half(1.5)times his/her 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,if
requested by December 31 of the prior year on the Holiday Comp Cashout Form.
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).
Holidays
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. Floating Holiday: Employees may elect one(1)day during each year as a"Floating
Holiday."New employees shall be granted a"Floating Holiday"on a pro rata basis in
the first calendar year of service per the following table:
Hire Date Percent
list Quarter(January-March) 100%
2nd Quarter(April-June) 75%
3'd Quarter(July-September) 50%
4th 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.
16.4. Part-time employees are eligible for holiday benefits on a pro-rata basis as set forth
in applicable District Policy.
Page 9 of 332
8971409.1 OR040-031
ARTICLE 17. -HOURS OF WORK
17.1. The work schedule for full-time employees will be eighty(80)hours per biweekly pay
period,normally scheduled in shifts of five(5)eight 8-hour days each week,four(4)
nine-9-hour days each week and one(1)additional 8-hour day on alternate weeks
(9/80),four(4)ten 10-hour days each week(8/80),or three(3)twelve 12-hour days
each week and one(1)additional 8-hour day on alternate weeks(7/80).However,
with the approval of the employee's supervisor,employees may be allowed to flex
their schedule within the pay period provided that the business needs,work flow,and
customer service needs of the District are met.
17.2. The District may,at its sole discretion,change an employee's work schedule with
thirty(30)days written notice to the affected employee,which may be waived by the
employee per written request.
17.2.1. The 30-day notice will not be applicable if the change is a result of a
reasonable accommodation.
ARTICLE 18.
(This article intentionally left blank)
ARTICLE 19.
(This article intentionally left blank)
ARTICLE 20. -INSURANCE
20.1. The District will provide healthcare and welfare insurance benefits.
20.2. All insurance coverage will become effective on the first day of the month following
date of hire,regardless of hire date.An open enrollment period will be held annually.
20.3. Medical Insurance
20.3.1. The District will provide medical health insurance coverage through a
Health Maintenance Organization(HMO)medical insurance plan,a
Preferred Provider Organization(PPO)medical insurance plan,and a
High Deductible Health Plan(HDHP).
20.4. Regular,full-time employees The District will contribute 90%of employee only
premiums for the HMO medical health plans and 80%of employee only premiums for
the PPO medical plan. The District will contribute 80%of the employee+1
dependent and full family premiums for the HMO or PPO medical plans. Any change
in insurance rates will be shared equally in same ratio as the District and employees
currently pay premiums. Before the renewal of any District sponsored health
insurance plan,the parties agree to meet and confer as to changes in the plan.
20.5. Regular,part-time employees Part-time employees are eligible for medical insurance
benefits on a pro-rata basis as set forth in the applicable District Policy.
20.6. The HDHP will be accompanied by a Health Savings Account(HSA)to pay for
qualified medical expenses.OCSD will use a portion of the cost savings in premiums
to fund the HSA accounts during active employment only.The HSA will be funded
with the savings generated annually by calculating the difference between the
Page 10 of 332
8971409.1 OR040-031
District's share of the PPO and HDHP premiums.Exact HSA account funding will be
calculated annually,prior to open enrollment,in an amount up to the difference in
deductibles,not to exceed the District's aforementioned annual premium cost
savings.
20.7. The District may reopen negotiations at any time during the term of this agreement to
address the impact of the Affordable Care Act(ACA).
20.8. Group Insurance Premiums
20.8.1. Group insurance premiums that are paid by salary redirection can be
made on a pre-tax basis.
20.9. Life Insurance
20.9.1. The District will pay the full premium for$50,000 term life insurance on
each employee.
20.10. Short Term Disability
20.10.1. The District will provide a non-work related,short-term disability
indemnity plan that provides benefits for employees equal to the
maximum weekly amount provided through California's State Disability
Insurance(SDI)program for up to twenty-six(26)weeks following a
fourteen(14)calendar day waiting period.
20.11. Long Term Disability
20.11.1. The District will 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,following a 90-
day waiting period of continuous disability,at such time that an employee
completes five(5)years of service.
20.11.2. 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 OCSD's long term disability plan contract accessible on the intranet.
20.11.3. No combination of disability or sick leave pay will 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 their own expense.
20.12. Dental Insurance
20.12.1. The District will contribute 80%of employee only and full family
premiums for dental insurance.
20.13. Vision Insurance
20.13.1. The District will provide a vision insurance plan for regular,full-time
employees and eligible dependents.Part-time employees are eligible for
vision insurance benefits on a pro-rata basis as set forth in applicable
Page 11 of 332
8971409.1 OR040-031
District Policy.
20.14. Retiring Employees
20.14.1. The District will 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 medical plan.
20.14.2. In the event the District adds additional optional insurance plans,the
District's share of the premium will 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 will be the same as
for existing insurance plans as set forth above.
20.14.3. 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 Lull ear of continuous..service...up to a _..— Commented[BS3]:Marc and sPMG team-we did not
maximum of 25 years or$250 per month. discuss this at the table,but we have updated this language
(house keeping)to align with OCSD's current practice.Are
20.15. Health Retirement Account(HRA)Reopener: The District and the Group agree you OK with this update?
to reopen this Agreement to discuss HRA plan design and funding mechanism options,
including District and/or employee funding,understanding the District is not making any
commitment to District funding.
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. Medical Reimbursement Account
21.2.1. 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/herself for
payment of health care costs not otherwise covered by his/her medical
insurance.
21.3. Dependent Care Assistance Account
21.3.1. 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/herself for child care
expenses or day care for a disabled dependent
ARTICLE 22. —EXTRAORDINARY SERVICES COMPENSATION
22.1. Employees in the Group are exempt from the overtime provisions of the Fair Labor
Standards Act. However,when services are required beyond what is normally
expected of a position in this Group,employees will be eligible to receive additional
compensation,as defined herein,for performing extraordinary services.
Page 12 of 332
8971409.1 OR040-031
Extraordinary services shall be defined as:
22.1.1. The General Manager declares an emergency.A declaration of an
emergency is at the sole discretion of the General Manager whose
decision is final and not subject to any other provision of this Agreement,
including Article 11—Grievance Procedure or Article 12—Problem
Solving Procedure.
22.1.2. The General Manager determines that there exists a critical event.A
critical event is defined as work of a prolonged nature;involving non-
emergency related services;major special projects;or when a
substantial effort must be expended to meet a compliance date or
scheduled deadline.The designation of a critical event is at the sole
discretion of the General Manager whose decision is final and not
subject to any other provision of this Agreement,including Article 11 —
Grievance Procedure or Article 12—Problem Solving Procedure.
22.1.3. Written approval of a critical event must be obtained in advance of the
work to be performed.The authorization shall set forth the work to be
accomplished,the anticipated start and end date and those employees
expected to participate in the work.The Department Head,or designee,
will be responsible for determining the actual start and end date as well
as those who actually work the event.
22.2. Upon the declaration of an emergency or upon the designation of a critical event,
employees will be compensated as follows:
22.2.1. Compensation will be restricted to those employees that are assigned to
the event,independent from which department they are assigned.
22.2.2. For emergencies,compensation will occur for all hours outside the
employee's regularly scheduled work shift.For critical events,
compensation will occur for all hours after an initial 10 hours of
uncompensated time has elapsed.
22.2.3. Employees in the Operations Supervisor classification will receive
additional compensation at one and one-half(1.5)times their regular rate
of pay.All other classifications shall receive straight time compensation.
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 six months 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 will 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/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 six months. The"probationary period"shall not divest an employee of
Page 13 of 332
8971409.1 OR040-031
his/her property right 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.
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 will be
filled as an open or promotional recruitment.Whenever the District intends to fill a
position by promotion,the District will post the opportunity for a minimum of ten(10)
business days. Employees must apply during the period of posting. Notices will be
posted on the District's intranet.
24.2. A promoted employee will serve a promotional probationary period lasting at least
until the first day of the pay period six months after the effective date of the
promotion.
24.3. At any time during the promotional probationary period,an employee may be
returned to his/her previous position.The promotional probation period may be
extended by mutual agreement between the employee and District management for
up to ninety(90)days.
24.4. If an employee is promoted during his/her initial probationary period,the period will
be extended until at least the first day of the pay period six months after the effective
date of the promotion.
24.5. Promoted employees will receive the equivalent of a one(1)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 will continue participation in the Orange County Employees Retirement
System(OCERS),wherein all full-time employees and part-time employees
scheduled to work twenty(20)hours per week or more are considered members.
The following retirement program is in effect pursuant to the contract between
OCERS and the District.
25.1.1. Employees hired prior to 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 Dostriet i..ill r .time to pay A 5%tew ..1S+he 8 P1
nn+rih 4inn to GGERS far+here employees who elen+ed to make e ene
tome rlen'c' n to rpmamnn+he Plan G program.
25.1.2. Employees hired on or after September 21, 1979 and before October 1,
2010: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 towards the employee's contribution
to OCERS.
Page 14 of 332
8971409.1 OR040-031
25.1.3. Employees hired on or after October 1,2010 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 contributions 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 will be
deducted from gross salary for taxation purposes in accordance with Internal
Revenue Code provisions.
ARTICLE 26. —SHIFT DIFFERENTIAL
26.1. Employees who are assigned to work a night shift that consists of 50%or more of the
hours between 6:00 p.m.and 6:00 a.m.and who actually work that shift will receive a
shift differential of$32.950 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 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 7.69 200
27.1.2. Part-time employees accrue vacation leave on a pro-rata basis as set
forth in applicable District Policy.
Page 15 of 332
8971409.1 OR040-031
27.1.3. Vacation leave herein offer onemployee has completed twenty sox 261
eels of centini iei,s s Affer his/her first twenty sox(26)weeks of
* kl4e 4uedited with forty(40)hours. After that
time they.will aGGr1 le cetir.n hnurc isfenf.with fhe ohe..e chart
Vacation leave may only be utilized in increments of one-half- ug after
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 paid
within the pay period,and is applicable to all types of leave,whether
legally protected or not.
27.1.5. Annual Payoff.Employees may have a maximum accumulation of two
hundred(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 two hundred(200)hours,it must be used prior to said
December date,all other remaining hours in excess of two hundred(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:to attend to the illness or injury of a family member as
hereinafter defined:or,for an employee who is a victim of domestic
violence,sexual assault,or stalking,for the purposes described in Labor
Code sections 230(c)and 230.1(a).Temporary employees shall receive
sick leave benefits as required by State law.
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 and one-
half(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 of leave accruals based on the number of hours paid
within the pay period,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 last pay period ending inef October
at their current hourly rate according to the following payoff schedule.
Accrued Sick Leave Hours Rate of Payoff
Page 16 of 332
8971409.1 OR040-031
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
will 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 will 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:
27.2.7.1. Absence due to illness,injury or pregnancy of an employee.
27.2.7.2. Absence due to medical and dental office appointments of an
employee when approved by the employee's supervisor.
27.2.7.3. Absence for the care of the employee's father,father-in-law,
mother,mother-in-law,brother,sister,husband,wife,
domestic partner,child,child of domestic partner,
grandparent,grandchild,legal guardian,or family member
with whom the employee resides.
27.2.7.4. Absence due to a job-related injury.
27.2.7.5. Absence related to an employee who is a victim of domestic
violence,sexual assault,or stalking,for the purposes
described in Labor Code sections 230(c)and 230.1(a).
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
will be one-quarter-half-(0.25)hour increments.
27.2.9. The Human Resources Department and department management will be
responsible for controlling the abuse of the sick leave privilege.For
absences of ten(10)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 the Human Resources Department.
Upon return to work,a written doctor's release must be submitted to the
Human Resources Department.For absences of one(1)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 the Human Resources Department.
27.2.10. 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 will comply with
the provisions of these Acts.
Page 17 of 332
8971409.1 OR040-031
27.2.11. Sick Leave Incentive Plan. If the average sick leave usage of employees
in the Group is under forty(40)hours per year,calculated on annualized
actual time off from October to October,based on the last pay periods
ending in October,exclusive of catastrophic illness or injury requiring
absence in excess of two hundred(200)hours or industrial injury leave in
excess of eighty(80)hours,the annual payoff for unused sick leave will
be as follows:
Accrued Sick Leave Hours Rate of Payoff
0—100 15%
101 —240 45%
241 —560 60%
Over 560(mandatory) 75%
27.3. Jury Duty Leave
27.3.1. Any full-time,including probationary,employee who is called for jury duty
will be entitled to his/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,employees must complete an online time off
request form.To be entitled to receive regular pay for such jury leave,
employees must report for work during their regularly scheduled work
shift when they are relieved from jury duty service,unless there is less
than one-half('/z)of a regular shift remaining.Employees are not
compensated for jury duty occurring on scheduled days off.
27.3.3. An employee serving jury duty must obtain an attendance slip from the
court to be submitted to his/her supervisor with his/her timesheet in order
to be eligible for regular pay for those hours of absence due to jury duty.
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/her presence as a witness,except in a matter wherein
he/she is named as a defendant or plaintiff or as an expert witness,will,
upon approval of an online time off request,be entitled the time
necessary to comply with such subpoena. An employee's regular pay
will be reduced by the amount of witness leave pay received,exclusive
of mileage.
27.4.2. An employee so subpoenaed must submit a copy of the subpoena to
his/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(1)hour or
more prior to and/or upon completion of each day's service,exclusive of
travel time.
Page 18 of 332
8971409.1 OR040-031
27.5. Military Leave
27.5.1. A request for military leave will be made upon leave-of-absence forms
approved by the Human Resources Department and will 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 will
be submitted with the request.
27.5.2. Provisions of the Military and Veterans Code of the State of California,
Sections 395-395.5 will 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 vacation,administrative
leave,or personal 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. Any full-time employee,whether probationary or regular,shall receive a
maximum of thirty-six(36)hours off with pay for the death or funeral of
an immediate family member. Bereavement leave shall be used within
six(6)months of the death of the 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,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.Employees must submit an online time off
request form for approval by their supervisor. Employees may be
required to furnish evidence satisfactory to the District of the family
member's death and the employee's relationship to the deceased family
member. Employees may submit requests for bereavement leave after
the six(6)months to the Director of Human Resources or designee,who
has the discretion to grant or deny such requests. Any denial of a
request for the use of bereavement leave after the designated six(6)
months is not grievable or otherwise subject to appeal.
27.6.2. Part-time employees are eligible for bereavement leave on a pro-rata
basis as set forth in applicable District Policy.
27.7. Administrative Leave
27.7.1. Effective the first pay period in July,regular full-time employees in the
Group shall be granted forty(40)hours of Administrative Leave.
Employees who are hired or promoted into the Group shall be granted
Administrative Leave on a pro-rata basis per the following schedule:
Page 19 of 332
8971409.1 OR040-031
Hire Date Percent
July-September 100%
October-December 75%
January-March 50%
April-June 0%
27.7.2. Administrative Leave will be administered in accordance with the
following guidelines:
27.7.2.1. Administrative Leave may be used in one-quarter-(0.25)hour
increments.
27.7.2.2. Any unused Administrative Leave,within the fiscal year
granted,will not be carried over to the next fiscal year.
27.7.2.3. Any unused Administrative 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 Group for any reason
will forfeit any unused Administrative Leave.
ARTICLE 28. —LEAVE-OF-ABSENCE WITHOUT PAY
28.1. It is the policy of the District to grant employees leaves-of-absence without pay under
certain circumstances and in accordance with state and federal benefit entitlement
laws. Except as stated below,employees will 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
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.
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 will be required
to use all accruals before unpaid leave is granted.
Page 20 of 332
8971409.1 OR040-031
28.3.2. Vacation,administrative leave or personal leave 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 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,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,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 26 weeks
of unpaid leave during a single 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 will run
concurrently with FMLA leave.
28.4.2.2. CFRA Leave 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.
Page 21 of 332
8971409.1 OR040-031
28.5. General Provisions
28.5.1. Requests for FMLA and CFRA Leave
28.5.1.1. Where the need for Leave is foreseeable,the District requests
thirty(30)days advance notice.
28.5.2. Medical Certification
28.5.2.1. 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 the
Department of Labor(DOL)regulations.
28.5.3. Medical and Dental Premiums
28.5.3.1. During FMLA and CFRA Leave,the District will 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 will be required to pay his or her share of medical
and dental premiums.Failure to submit a monthly co-payment,
in full,within forty-five(45)days of the invoice date will result in
loss of group coverage.Coverage will be reinstated upon
return to active employment.
28.5.4. Reinstatement
28.5.4.1. Upon expiration of FMLA or CFRA Leave,the employee will 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.,lay-of),in
which case the District's obligation to continue health and
dental or other benefits will cease.
28.5.5. District Employment of Spouses/Domestic Partners
28.5.5.1. FMLA Leave Married employees will 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.
28.5.5.2. 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 er newly born or placed child.
28.5.6. General Leave
28.5.6.1. 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.
28.5.6.2. During a general leave-of-absence,the employee will be
required to pay both the District's and the employee's share of
Page 22 of 332
8971409.1 OR040-031
medical and dental premiums.
28.5.6.3. Failure to submit a monthly co-payment,in full,within forty-five
(45)days of the invoice date will result in loss of group
coverage.Coverage will be reinstated upon return to active
employment.
28.5.7. Return to Work Policy
28.5.7.1. An employee who has been absent from work due to a
medical reason may be subject to a Return-to-Work medical
evaluation.
28.5.7.2. 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,will be considered. The
employee will be re-classified as medically disqualified while
alternative positions are being considered. Such time off will
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.
28.5.7.3. 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 will
be re-classified as medically disqualified and not permitted to
work. Thereafter,the employee will 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.
28.5.8. Bridge of Service
28.5.8.1. If an employee is dismissed per Section 28.5.7.3 and then is
rehired to a position within the District within one(1)year,the
District will 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.
28.5.9. Failure to Return to Work
28.5.9.1. 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 will be considered to have
automatically resigned from his/her position.In such cases,the
employee will receive advance notification of the District's
Page 23 of 332
8971409.1 OR040-031
intent to implement an automatic resignation.
28.5.10. Compliance with Law
28.5.10.1.These Leave-of-Absence provisions will 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 will govern.
ARTICLE 29. —CLASSIFICATION STUDIES
29.1. The law requires meet and confer over changes to wages,hours,and terms and
conditions of employment;the District is committed to complying with the law.
29.2. An employee who believes his/her position is not properly classified may submit a
written request to the Department Head asking that a classification study be
conducted.The Department Head will acknowledge the request in writing and review
the request for accuracy,and forward it to the Human Resources Department 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 1st for the November review and according to
the Finance budget schedule which normally requests all information by the end of
February.District 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.
29.2.1. 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 will
be implemented in the first pay period immediately following the
completion of the study unless the recommendations require action to be
taken by the Board of Directors prior to implementation.In such event,
the recommendations will be implemented in the first pay period
immediately following authorization by the Board.
29.3. Y-Rating
29.3.1. 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 will
remain unchanged.
29.3.2. Y-rating will be granted for all reclassifications where employees are
working in a job classification with a lower maximum rate of pay 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(unless otherwise
authorized by the General Manager).
29.3.3. The Y-rate will remain in effect until the salary range for the new
classification equals or exceeds the employee's Y-rated salary.
Employees become eligible for merit increases and range adjustments
when the Y-rate is no longer in effect.
Page 24 of 332
8971409.1 OR040-031
ARTICLE 30. - DRIVER'S LICENSE
30.1. Employees who are required by the District to drive must notify their supervisor and
the 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/her regular duties and responsibilities notifies the District in a timely fashion,an
attempt will be made to place the employee in an equal or lower level position for
which he/she is qualified.Placement in the range of the new classification is subject
to District's management discretion.
30.3. The District will continue to pay the license renewals and physical examination costs
of Class A and B licenses that are specifically required by the District.
ARTICLE 31. -LAYOFF PROCEDURE
31.1. If,in the sole discretion of District's management,personnel reductions are
necessary,layoff order and recall lists will be developed based upon job
classification,priority of function,job performance,individual qualifications and
seniority.The Group and employees subject to lay off will be provided with at least
two(2)weeks notification in writing whenever possible.
31.2. Employees in classifications subject to layoff may request a voluntary demotion to
any previously held position for which they remain qualified.Such request 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 will be
unchanged,except that it may not exceed the top step of the range for the lower level
classification.
31.3. Recall lists will be developed for all classifications experiencing personnel reductions,
and will be maintained for a period of two(2)years from the date of layoff.Individuals
will 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 will be made to the individual on the top of the list.
That individual must respond to the offer within five(5)days,or the offer will be made
to the next person on the list.An individual who either does not respond or refuses
three(3)consecutive offers will have his/her name removed from the list.
31.4. 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
Page 25 of 332
8971409.1 OR040-031
33.1. When there is reasonable evidence to suggest that an employee is impaired in a
manner that endangers his/her 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 will be conducted on District time and at District expense.An employee
may submit an independent medical opinion regarding his/her condition and
addressing his/her ability to competently perform the duties of the position.This
information will 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 will 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 an
open,budgeted position at a higher level for a period of at least one hundred(100)
consecutive hours will be eligible for a one(1)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 101st hour,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 Head and the Human Resources Department.
The one hundred(100)-hour eligibility period may be waived at the discretion of the
General Manager.Time served in higher level assignments shall be credited as
qualifying experience for promotional purposes.
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 Human
Resources Department. It is the responsibility of each employee to keep the personal
information in his/her files current,including home address,telephone number and
person to contact in an emergency.
ARTICLE 38. -BULLETIN BOARDS
38.1. The Group 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 or derogatory of the District,
its employees,officers or Directors may be posted;(b)nothing posted by the District
may be removed;(c)the Group will remove its notices after a reasonable length of
time;and(d)only a reasonable number of notices will be posted.
ARTICLE 39. -RELEASE TIME FOR MEET AND CONFER SESSIONS
Page 26 of 332
8971409.1 OR040-031
39.1. A maximum of three(3)employees covered by this Agreement and appointed by the
Group will be granted reasonable release time for attending meet and confer
sessions at the bargaining table. Release time will not be compensated for any
hours that exceed the employee's regularly scheduled hours of work.
39.2. The Group will provide the Human Resources Department with the names of
employees requiring meet and confer release time in advance of the meet and confer
session.The release time will be granted provided that the needs of the District
permit the time away from assigned work.
ARTICLE 40. -USE OF DISTRICT FACILITIES
40.1. District facilities may be used by the Group with prior notice to the Human Resources
Department for the purpose of holding meetings,to the extent that such use does not
interfere with normal District operations.The Group agrees to pay for the cost of any
additional custodial or security services.
ARTICLE 41. -SCOPE OF BARGAINING
41.1. The District and the Group 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 Group,for the term of this Agreement,
except as otherwise provided herein,each voluntarily and unqualifiedly waive the
right,and each agrees that the other will 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 Group 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 will be scheduled and held between
the parties within fourteen(14)calendar days or as soon as practicable to:
42.1.1. 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.
42.2. Impasse Procedures are:
42.2.1. Mediation:If the parties mutually agree to submit the dispute to the State
Mediator and Conciliation Service all mediation proceedings will be
private and as soon as practicable. The mediator will make no public
recommendation,nor take any public position at any time concerning the
issues.
42.2.2. Fact-Finding: Whether the parties submit the dispute to mediation or not,
the Group may request that the parties'differences be submitted to a
factfinding panel as soon as practicable.The cost of a fact finder and
other mutually incurred costs will be mutually shared by the District and
Group.
42.2.3. Board Actions:If the parties fail to resolve the impasse,the dispute will
be sent to the District Board of Directors for resolution.Each party will
Page 27 of 332
8971409.1 OR040-031
submit its written proposal on all issues to the 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 will
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 will 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 the Group will meet and
confer on the affected article,section or subsection.In such event,all other articles,
sections or subsections of this Agreement not affected will continue in full force and
effect.
ARTICLE 44. -UNIFORMS
44.1. The District will provide and maintain ten(10)uniform pants and shirts,which may
include the name of the employee and District 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 Group members.The District
and the Group agree to meet and confer for any proposed revisions to the policy.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 Group
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. —NEW EMPLOYEE ORIENTATION AND DUES DEDUCTIONS
Page 28 of 332
8971409.1 OR040-031
46.1. At menthiv orientation meetonqs for new emplovees,a Group Informational na Gket will
be provided to those employees holding group represented n citionc The
mational r)a Gkpt%vill innli irlo(_roi in ontaot information,a Group
Dp dun inn n-Aha a transmittal in,di^atina:New Employee
Orientation
46.1.1. The Group will be allowed up to one 04half-hour each orientation
session to communicate with Group-represented classifications to
explain the rights and benefits as set forth in this Agreement.Human
Resources staff will send to the Group representative,or designee,a
notice of each new employee orientation session.The notice will be
provided with-at least 10 days prior to the session,or as soon as
practicable,and will include pertinent session details." 4#
representatives will not onooi iraoo or disooi iraoo Group membership
partiGipatiof}
46.1.2. The District will hold new employee orientation sessions on a regular
basis or at least on a quarterly basis,given there are new Group-
represented classifications.If there are no new hires in the Group-
represented classifications for a scheduled session,the District will notify
the Group as soon as possible in advance of the session.T„e employee
belengs to a dassifisation r nteal by the Groun,,
46.1.3. Human Resources staff will provide the Group with an electronic copy of
the name,home address,personal email address,and personal cell
phone number of all new Group-represented employees within 30 days
of hire.Tho!_roan is the ovotrsivo r zed employee organization for
all employees in the(_ro„o;and
46.1.4. Human Resources staff will provide the Group with an electronic copy of
the name,home address,personal email address,and personal cell
phone number of all Group-represented employees at least every 120
days.
n..thnr*7a+ion rnrm anid si-hrnot it+n the He-man Rp-;GUr^e^Departme if
hp/she•. i like to join the a
46.2. Dues Deductions
46.2.1. Remittance of the a. . gate amount of all dues and other proper deductions
made from the salaries of employees covered hereunder shall be made to
AFSCME along with an electronic report detailing the employee's name,employee
number,bargaining unit,classification title and pay rate(wh'Gh may be t'
something else like level step` work location,work phone,work e-mail,hire date,
home address,home phone,home e-mail,cell phone,h'Fthdate ^en,der a+hni^it.,
and deduction amount(s)and type(s).
46.1 5-.46.2.2. The Group shall indemnify,defend and hold the District harmless against
any liability from any claims,demands,or other action related to the District's
deduction of Union Dues,including claims related to the Union's use of monies
collected under these provisions.Thp nistrint will,dp d„^t from oaoh regula.
.sheGk aR d mi+to(_raU^the.dues' al initiation foes an a ..+s fora sh
employee who yol nta My authorizes s oh deduction'n writing.S uoh authorizations
must be filed by the end of the pay peried pFier to the peried fGF WhiGh the deduction
^ted
A46,7.The 'StF'^+Will n vide the GFe un a ahorly list of the n mn,ef+hoes employees
Page 29 of 332
8971409.1 OR040-031
for,.,ho..'t has morle r1priurtmons. In addition the District will provide fho namps of
new employees or.rl then of employe who have terminated within the
repeFting peFied.
ARTICLE 47. —MAINTENANCE OF MEMBERSHIP
47.1. All employees who are members of the Group,or who become members of the
Group,shall remain members of the Group,except that any employee may withdraw
his/her membership by written notice to the Group and the District during the ten day
period between ninety(90)and one hundred(100)days preceding the expiration of
this agreement.
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 will not lockout
employees in this Group,and Group agrees that it will 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 Group
members.The District and the Group agree to meet and confer for any proposed
revisions to the policy.
ARTICLE 51. -RESIGNATION
51.1. Voluntary written resignation of employment with the District is automatically deemed
irrevocable after seventy-two(72)hours from the District's receipt of the resignation
except by approval of the Human Resources Department. The District may accept in
writing any verbal or written resignation at any time and deem such resignation
irrevocable.
ARTICLE 52.
(This article intentionally left blank)
Page 30 of 332
8971409.1 OR040-031
SIGNATURE PAGE
20196—20224-9
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
EMPLOYEES OF THE PROFESSIONAL GROUP
Executed:
PROFESSIONAL GROUP ORANGE COUNTY SANITATION DISTRICT
Steve Koffroth,Business Representative, Laura Drottz Kalty,Leac!G ief Negotiator
AFSCME Council 36(Affiliate of SPMG)
I, 6 SGhrnodt Business Reores ..,e
A.FSQM.Fm(`o„noil 36(Affiliate of SPMG)
Luis Schmidt, Business Representative,
AFSCME Council 36(Affiliate of SPMG)
Marc Brown,Principal Staff Analyst Celia Chandler,Director of Human Resources
nlata,;ha n„hreysl.i orinGipal rants..+ Laura Maravilla,Human Resources&Risk
YYYArlministratorNlcholas Oswald, ManageLAndrew Nau,Principal Human
Maintenance Specialist r Analyst
Larry Roberson,Senior Andrew Nau,Human Resources Supervisor
AssedataatContracts Administrator
arsine-AguilaTThys DeVries,Prfasipal
SenierPrincipal Human Resources Analyst
Page 31 of 332
8971409.1 OR040-031
Stephanie Barron,Senior
Human Resources Analyst
Page 32 of 332-
8971409.1 OR040-031
APPENDIX A
Medical Insurance Plan Design Components1,2
CURRENT STATE
PPO High Deductible Health Plan
Plan Design Component
In-Network I Non-Network In-Network Non-Network
Deductible $150/$450 $1-A 1 350 $2 6002 700
Annual Out-of- $2,000 $3,000 $2,500 $5,000
Pocket Max/Member
Annual Out-of- $4,000 $6,000 $5,000 $10,000
Pocket Max/Family
Major Medical
Physician Office Visit $15/Visit 30% 10% 30%
Specialist Office Visit $15/Visit 30% 10% 30%
Preventive Care No Charge 30% No Charge Net Gevered30%
30%(up to
Inpatient Hospitalization 10% 30%+$500 10% $1,000/day,non-
emergency)+ 500
Outpatient 10% 30% 10% 30%(up to
Hospitalization/Surgery $350/admit)
$100/Visit+10%
Emergency Room $100/Visit+10% (copav waived if admitted)
g y (copay waived if admitted) $100/Visit
/.....:yed of...I....:atee4
Infertility Benefits Not Covered Not Covered
Urgent Care $15/Visit 30% 10% 30%
Chiropractic $15/Visit 30% 10%/Visit 30%/Visit
(30 visits/year) (30 visits/year) (30 visits/year) (30 visits/year)
Opt-Out from Plan Yes Yes Yes
Generic/Brand/ Generic/Brand/
Prescription Drugs Non-Preferred Brand Non-Preferred Brand Generic/Brand
$5/$20/$35 $10/$25/$40 after
Retail (30-day supply) Not Covered deductible Not Covered
(30-day supply)
$5/$40/$70 $20/$50/$80 after
Mail Order deductible
(90-day supply) Not Covered (90-day supply) Not Covered
Plan Design Components will include any applicable mandated legislative changes.
2 This is not a complete description of all benefit provisions.The information contained in Summary Plan Descriptions(SPDs)and
Evidence of Coverage EOC booklets prevails.
Page 33 of 332
8971409.1 OR040-031
Medical Insurance Plan Design Components1,2
CURRENT STATE
Plan Design Component Anthem HMO 0 Kaiser HMO Kaiser Bronze
Deductible None None $5,000Individual
$10,000 Family
Annual Out-of- $1,500 $1,500 $6,250
Pocket Max/Member
Annual Out-of- $3,000 $3,000 $12,500
Pocket Max/Family
Major Medical
Physician Office Visit $15/Visit $15/Visit $60/Visit
Specialist Office Visit $15/Visit $15/Visit $70/Visit
Preventive Care No Charge No Charge No Charge
Inpatient Hospitalization $100Admit $100Admit 30%
Outpatient $15 Co-pay o
Hospitalization/Surgery $50 Admit (per procedure) 30/Emergency Room $100/Visit $100/Visit $300/Visit
(waived if admitted) (waived if admitted) (waived if admitted)
Infertility Benefits Status Quo Status Quo Not Covered
Urgent Care $15/Visit $15/Visit $60/Visit
Chiropractic $449-W Visit * $10/Visit Not Covered
(W&60 visits/year)_ (30 visits/year)
Opt-Out from Plan Yes Yes Yes
Prescription Drugs Generic/Brand/Non- Generic/Brand Generic/Brand
Preferred Brand
$5/$20/$35 $5/$20 $15/$50 medical
Retail (30-day supply) (30-day supply) deductible applies
(30-day supply)
$5/$40/$70 $5/$20 $30/$100 medical
Mail Order deductible applies
(90 day supply) (100 day supply) (100-day supply)
Plan Design Components will include any applicable mandated legislative changes.
2 This is not a complete description of all benefit provisions.The information contained in Summary Plan Descriptions(SPDs)
and Evidence of Coverage(EOC)booklets prevails.
For chiropractic services through the American Specialty Health(ASH)Network,the copav is$10 with a maximum of 30 visits
in a calendar year for covered services.
Page 34 of 332
8971409.1 OR040-031
STEERING COMMITTEE Meeting Date To Bd. of Dir.
08/28/19 08/28/19
AGENDA REPORT Item Number Item Number
6
Orange County Sanitation District
FROM: Laura Kalty, Chief Negotiator
SUBJECT: SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
CHIEF NEGOTIATOR'S RECOMMENDATION
A. Adopt Resolution No. OCSD 19-09, 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, for Fiscal Years 2019/2020, 2020/2021 &
2021/2022"; and
B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs) between
Orange County Sanitation District and the three (3) Orange County Employees
Association bargaining units.
BACKGROUND
The MOUs between the Orange County Sanitation District (Sanitation District) and the
three Orange County Employees Association (OCEA) bargaining units that became
effective on July 1 , 2016 expired on June 30, 2019. OCEA submitted its initial proposal
for successor MOU(s) on February 25, 2019. OCEA and the Sanitation District have met
and conferred in good faith eleven (11) times since receiving the initial proposal. As of
the Board meeting on June 26, 2019, all items except for salary & wages had either
reached tentative agreement or had been withdrawn.
On June 26, 2019, the Board of Directors authorized the Chief Negotiator to make a
counter proposal to OCEA including a three-year contract with a 3.0% salary increase
and corresponding range adjustments due in the first pay period in July for each year of
the contract, with the first increase to commence on July 5, 2019.
The Sanitation District delivered this counter proposal to OCEA on July 9, 2019. OCEA's
membership ratified the proposal by majority vote on July 17, 2019.
RELEVANT STANDARDS
• Ensure the public's money is wisely spent
• Offer competitive compensation and benefits
• Cultivate a highly qualified, well trained, and diverse workforce
• Negotiate fair and equitable labor agreements
• Maintain positive employer-employee relations
Page 1 of 4
• Provide professional growth and development
PROBLEM
The MOUs between the Sanitation District and the OCEA bargaining units that became
effective on July 1 , 2016 expired on June 30, 2019.
PROPOSED SOLUTION
Adopt Resolution No. OCSD 19-09, 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, for Fiscal Years 2019/2020, 2020/2021 & 2021/2022".
Based on Board direction, the Sanitation District issued a counter proposal to OCEA on
July 9, 2019, including three-year contracts with a 3% salary increase for each year of the
contract. OCEA distributed the proposal to their membership for voting and OCEA's
membership ratified the proposal by majority vote July 17, 2019.
RAMIFICATIONS OF NOT TAKING ACTION
• Labor instability
• Possible impacts to morale
• Impasse
PRIOR COMMITTEE/BOARD ACTIONS
In December 2018, an Ad Hoc Subcommittee of the Steering Committee selected Laura
Kalty from Liebert Cassidy Whitmore to serve as the Sanitation District's Chief Negotiator.
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 in Closed Session at
the following Committee/Board meetings:
• February 27, 2019 - Steering Committee and Board Meeting
• March 18, 2019 - Special Steering Committee Meeting
• March 27, 2019 - Steering Committee and Board Meeting
• April 24, 2019 - Steering Committee and Board Meeting
• May 22, 2019 - Steering Committee and Board Meeting
• June 26, 2019 - Steering Committee and Board Meeting
• July 24, 2019 - Steering Committee and Board Meeting
Page 2 of 4
ADDITIONAL INFORMATION
The OCEA is the recognized employee organization certified to provide exclusive
representation over wages, hours of work, and other terms and conditions of employment
for 103 non-exempt Sanitation 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 the Sanitation District and OCEA expired on June 30, 2019.
Based on Board direction, the Sanitation District issued a counter proposal to OCEA on
July 9, 2019, including three-year contracts with a 3% salary increase for each year of the
contract. OCEA distributed the proposal to their membership for voting and OCEA's
membership ratified the proposal by majority vote on July 17, 2019.
Full redlined versions of each OCEA MOU are attached for review. A summary of the
key changes to the MOUs are as follows:
1. Article 1, Recognition: Term of the agreement begins July 1, 2019.
2. Article 2, Duration: Agreement terminates on June 30, 2022; language cleanup to
align with Employer-Employee Relations Resolution (EERR).
3. Article 13, Salary Adjustments and Compensation: Salary: Year 1 — 3% Salary
Increase, retroactive to the first pay period of July 2019; Year 2 — 3% Salary
Increase, effective the first pay period of July 2020; Year 3 — 3% Salary Increase,
effective the first pay period of July 2021. Development Pay: Certification/License-
$15.24 per pay period per certificate/license with a maximum of three (3).
4. Article 16, Holidays: language cleanup to reflect that employee election to receive
Holiday Compensatory Time Off is due by December 31Sf of prior year; floating
holiday to be used within calendar year granted.
5. Article 19, Standby Pay: Standby Pay increased to five hundred (500) dollars per
week.
6. Article 20, Insurance: Reopener to discuss establishment of Health Retirement
Account (HRA) for all employees; no commitment to District funding.
7. Article 27, Leave-of-Absence With Pay: Bereavement leave shall be used within
six (6) months of death of immediate family member; requests for exceptions may
be submitted to Director of Human Resources for approval. With reasonable
cause, employee may be required to furnish evidence of family member's death
and/or of familial relationship.
8. Article 51, Resignation: The District may accept any verbal or written resignation
at any time and deem such resignation irrevocable. Written resignations
automatically deemed irrevocable after 72 hours, except by approval of HR.
Listed below are articles with proposed housekeeping changes in the tentative agreement
by article number:
Article 25 — Retirement
Page 3 of 4
Article 27 — Leave-of-Absence With Pay
Article 28 — Leave-of-Absence Without Pay
FINANCIAL CONSIDERATIONS
The total cost is $1,890,944 over the term of the agreement. Sufficient funds are
incorporated in the Sanitation District's Five-Year Cashflow to support the adjustments
required by this Memorandum of Understanding (MOU).
ATTACHMENT
The following attachment(s) are included in hard copy may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
• Resolution No. OCSD 19-09
• OCEA Administrative and Clerical Unit (redlined version)
• OCEA Technical Services MOU (redlined version)
• OCEA Engineering MOU (redlined version)
Page 4 of 4
RESOLUTION NO. OCSD 19-09
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
2019/2020, 2020/2021 & 2021/2022
WHEREAS, on October 26, 2016, 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, 2016 through June 30, 2019 ("2016 MOUs").
WHEREAS, prior to the expiration of the 2016 MOUs on June 30, 2019, OCEA
requested to meet and confer regarding successor MOUs.
WHEREAS, pursuant to Government Code Section 3500, et 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, through negotiations the parties agreed that any salary changes would
take effect retroactively to July 5, 2019, the first pay period in the current fiscal year; and
WHEREAS, the parties have modified the 2019 MOUs between the District and OCEA
to reflect the parties' understanding regarding certain terms and conditions, which include:
• Duration of the MOUs has been modified and will be for a 3-year term commencing
July 1, 2019, and terminating June 30, 2022, as reflected in the Cover Page and
Articles 1 and 2 of the MOUs; language cleanup to align with Employer-Employee
Relations Resolution (EERR).
• Salary Adjustments and Compensation has been modified as set forth below and as
reflected in Article 13 of the MOUs:
o Year 1 — 3.0% Salary Increase, retroactive to the first pay period of July 2019.
o Year 2 — 3.0% Salary Increase, effective the first pay period of July 2020.
o Year 3 — 3.0% Salary Increase, effective the first pay period of July 2021.
o Development Pay:
■ Certification/License - $15.24 per pay period per certificate/license with
a maximum of three (3).
• Holidays has been modified as set forth below and as reflected in Article 16 of the
MOUs:
o Language cleanup to reflect that employee election to receive Holiday
Compensatory Time Off is due by December 31 st of prior year; floating
holiday to be used within calendar year granted.
OCSD 19-09-1
• Standby Pay has been modified as set forth below and as reflected in Article 19 of the
MOUs:
o Standby Pay increased to five hundred (500) dollars per week.
• Insurance has been modified as set forth below and as reflected in Article 20 of the
MOUs:
o Reopener to discuss establishment of Health Retirement Account (HRA) for
all employees; no commitment to District funding.
• Retirement has been modified as set forth below and as reflected in Article 25 of the
MOUs:
o Housekeeping changes to remove outdated language.
• Leave-of-Absence With Pay has been modified as set forth below and as reflected in
Article 27 of the MOUs:
o Bereavement leave shall be used within six (6) months of death of immediate
family member; requests for exceptions may be submitted to Director of Human
Resources for approval. With reasonable cause, employee may be required to
furnish evidence of family member's death and/or of familial relationship.
o Housekeeping changes.
• Leave-of-Absence Without Pay has been modified as set forth below and as reflected
in Article 28 of the MOUs:
o Housekeeping changes.
• Resignation has been modified as set forth below and as reflected in Article 51 of the
MOUs:
o The District may accept any verbal or written resignation at any time and deem
such resignation irrevocable. Written resignations automatically deemed
irrevocable after 72 hours, except by approval of HR.
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, 2019 through June 30, 2022 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, 2019 through June 30, 2022, in a form
approved by General Counsel.
OCSD 19-09-2
PASSED AND ADOPTED at a regular meeting of the Board of Directors held August 28,
2019.
David John Shawver
Board Chairman
ATTEST:
Kelly A. Lore, MMC
Clerk of the Board
OCSD 19-09-3
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District,
do hereby certify that the foregoing Resolution No. OCSD 19-09 was passed and adopted
at a regular meeting of said Board on the 28th day of August 2019, 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 28th day of August 2019.
Kelly A. Lore, MMC
Clerk of the Board of Directors
Orange County Sanitation District
OCSD 19-09-4
i
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
ADMINISTRATIVE AND CLERICAL UNIT
July 1, 201 through June 30, 20
8972166.1 OR040-030
TABLE OF CONTENTS
ARTICLE 1.-RECOGNITION.................................................................................................................................1
ARTICLE 2.-DURATION.......................................................................................................................................1
ARTICLE 3.-SUCCESSOR AGREEMENT...........................................................................................................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............................................................................................................................................3
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.........................................................................................................................7
ARTICLE 15.-DEFERRED COMPENSATION......................................................................................................7
ARTICLE16.-HOLIDAYS......................................................................................................................................7
ARTICLE 17.-=HOURS OF WORK......................................................................................................................8
ARTICLE 18.-CALL-BACK PAY..........................................................................................................................8
ARTICLE 19.-STANDBY PAY..............................................................................................................................9
ARTICLE20.--INSURANCE................................................................................................................................9
20.34 MEDICAL INSURANCE...............................................................................................................................9
20.45 LIFE INSURANCE......................................................................................................................................5
20.56 SHORT TERM DISABILITY..........................................................................................................................9
20.67- LONG TERM DISABILITY..........................................................................................................................10
20.79 DENTAL INSURANCE...............................................................................................................................10
20.89 VISION INSURANCE................................................................................................................................10
20.9 RETIRING EMPLOYEES...........................................................................................................................10
20.10 HEALTH RETIREMENT ACCOUNT REOPENER............................................................................................10
ARTICLE 21.-REIMBURSEMENT ACCOUNT...................................................................................................10
21.2 GROUP INSURANCE PREMIUMS...............................................................................................................10
21.3 MEDICAL CARE REIMBURSEMENT ACCOUNT............................................................................................11
21.4 DEPENDENT CARE ASSISTANCE ACCOUNT..............................................................................................11
ARTICLE 22.-OVERTIME...................................................................................................................................1 1
ARTICLE 23.-PROBATIONARY PERIOD..........................................................................................................11
ARTICLE 24.-PROMOTIONS..............................................................................................................................11
ARTICLE 25.-RETIREMENT...............................................................................................................................12
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.................................................................................................................................15
27.4 WITNESS LEAVE....................................................................................................................................15
27.5 MILITARY LEAVE....................................................................................................................................15
27.6 BEREAVEMENT LEAVE............................................................................................................................15
27.7 SUPPLEMENTAL LEAVE...........................................................................................................................16
ARTICLE 28.-LEAVE-OF-ABSENCE WITHOUT PAY.......................................................................................16
28.3 SUBSTITUTION OF PAID LEAVE................................................................................................................17
28.4 PERMISSIBLE USES................................................................................................................................17
28.5 GENERAL LEAVE....................................................................................................................................18
28.6 RETURN TO WORK POLICY.....................................................................................................................18
28.7 COMPLIANCE WITH LAW.........................................................................................................................19
ARTICLE 29.-CLASSIFICATION STUDIES.......................................................................................................19
ARTICLE 30.-DRIVER'S LICENSE.....................................................................................................................20
ARTICLE 31.-LAYOFF PROCEDURE................................................................................................................20
ARTICLE 32.-LIGHT DUTY.................................................................................................................................21
ARTICLE 33.-MEDICAL EXAMINATION...........................................................................................................21
ARTICLE 34.-MILEAGE ALLOWANCE.............................................................................................................21
OCEA-Administrative/Clerical MOU July 1,20194 to June 30,20224-6
Pagei
8972166.1 OR040-030
ARTICLE 35.-ACTING PAY................................................................................................................................21
ARTICLE36...........................................................................................................................................................21
ARTICLE 37.-PERSONNEL FILES....................................................................................................................21
ARTICLE 38.—BULLETIN BOARDS..................................................................................................................22
ARTICLE 39.-RELEASE TIME FOR MEET AND CONFER SESSIONS...........................................................22
ARTICLE 40.-USE OF DISTRICT FACILITIES..................................................................................................22
ARTICLE 41.-SCOPE OF BARGAINING...........................................................................................................22
ARTICLE 42.-IMPASSE PROCEDURES...........................................................................................................22
ARTICLE 43.-SEVERABILITY............................................................................................................................23
ARTICLE44.-UNIFORMS...................................................................................................................................23
ARTICLE 45.-SUBSTANCE ABUSE POLICY....................................................................................................23
ARTICLE 46.-DUES DEDUCTIONS...................................................................................................................23
ARTICLE47...........................................................................................................................................................23
ARTICLE 48.-PEACEFUL RESOLUTION OF DISPUTES.............................................................................2324
ARTICLE49...........................................................................................................................................................24
ARTICLE 50.-WORKPLACE VIOLENCE AND WEAPONS POLICY................................................................24
ARTICLE51.-RESIGNATION.............................................................................................................................24
ARTICLE52...........................................................................................................................................................24
ARTICLE 53.-LABOR MANAGEMENT COMMITTEE.........................................................................24
SIGNATUREPAGE...............................................................................................................................................25
EXHIBITA.............................................................................................................................................................26
OCEA—Administrative/Clerical MOU July 1,20196to June 30,202249
Page ii
8972166.1 OR040-030
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 1,20196,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 30,202249. Any issue regarding the
question of exclusive representation of a recognized employee organization shall be brought pursuant to
the Employer-Employee Relations Resolution(EERR),Resolution No.OCSD 99-24This AQF88 ,o..f 6h�"
.to the r of the Q 86to R of r Rtatm R.dU FiRQ ifo for... ..{that the.. es ie ..f
term,except that the question of representation may be raised during the period between sixty(60)and
ARTICLE 3. -SUCCESSOR AGREEMENT
3.1 The Group shall submit in writing its initial proposal for a successor agreement 60 days 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.
OCEA—Administrative/Clerical MOU July 1,20196 to June 30,202249
Page 1
8972166.1 OR040-030
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
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 ofjob 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 actual or perceived race,color,religion,national origin,ancestry,sex,gender,gender identity,gender
expression,sexual orientation,age,physical or mental disability,medical condition,genetic information,
marital status,or military or veteran status,or any other lawfully protected class. 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 any protected classification.
ARTICLE 8.-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 and the use of
tobacco(cigarettes,cigars,e-cigarettes["vaping"]and related tobacco products and technologies)is not
acceptable within District facilities,and may occur only in areas posted for smoking.
OCEA—Administrative/Clerical MOU July 1,20196 to June 30,20224-9
Page 2
8972166.1 OR040-030
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.
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 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
OCEA—Administrative/Clerical MOU July 1,20196 to June 30,20224-9
Page 3
8972166.1 OR040-030
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.
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 Employees are encouraged prior to bringing forward a formal grievance,to discuss the issue with the
Director of Human Resources,or designee,in an effort to bring about an informal resolution.
11.4 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.
11.4.1 Step 1. An employee will submit his/her complaint in writing to his/her immediate supervisor or
designee within ten(10)days of the occurrence of the event giving rise to the complaint,or within
ten(10)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 ten(10)days.
11.4.2 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 ten(10)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;
OCEA—Administrative/Clerical MOU July 1,20196 to June 30,20224-9
Page 4
8972166.1 OR040-030
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.
11.4.2.1 The Division Manager,or designee,shall respond in writing to the employee within ten
(10)days after the date the grievance is received.
11.4.3 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.
11.4.4 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.
11.4.5 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.
11.5 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.
11.5.1 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.
11.5.2 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.
OCEA—Administrative/Clerical MOU July 1,20196 to June 30,20224-9
Page 5
8972166.1 OR040-030
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:
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$15.247-.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
$45.7222-.%per pay period.
13.3.2.1 The overall maximum Development Pay for education,certification and/or licenses is
fixed at$87256439 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.
OCEA—Administrative/Clerical MOU July 1,20196 to June 30,20224-9
Page 6
8972166.1 OR040-030
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 20196,employees under this Agreement will receive salary
range adjustments at a flat rate of 3_02-.5%.
13.4.2 Effective the first pay period in July 202047,employees under this Agreement will receive salary
range adjustments at a flat rate of 3_0;5%.
13.4.3 Effective the first pay period in July 202148,employees under this Agreement will receive salary
range adjustments at a flat rate of 3_0;K�°/u.
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.
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.if
requested by December 31 of the prior year on the Holiday Comp Cashout Form. 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
OCEA—Administrative/Clerical MOU July 1,20196 to June 30,20224-9
Page 7
8972166.1 OR040-030
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 rata basis in the first calendar year of service per the following table:
Hire Date Percent
1st Quarter(January-March) 100%
2M Quarter(April-June) 75%
3rd Quarter(July-September) 50%
4tn Quarter(October-December) 0%
16.3 Employees must use the"Floating Holiday"within the calendar 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.
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(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
OCEA—Administrative/Clerical MOU July 1,20196 to June 30,20224-9
Page 8
8972166.1 OR040-030
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 five hundred
fe (34500)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 Insurance
20.3.1 The District will provide medical health insurance coverage through a Health Maintenance
Organization(HMO)medical insurance plan and a Preferred Provider Organization(PPO)medical
insurance plan.
20.3.2 Regular,full-time employees:
20.3.2.1 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.
20.3.3 The District may reopen negotiations at any time during the term of the MOU to address the
impact of the Affordable Care Act(ACA),provided that no change may be made by the District
unless such change is either(1)mandated by the ACA,or(2)mutually agreed upon by the
parties.
20.4 Life Insurance
The District shall pay the full premium for$50,000 term life insurance on each employee.
20.5 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.
OCEA—Administrative/Clerical MOU July 1,20196 to June 30,20224-9
Page 9
8972166.1 OR040-030
20.6 Long Term Disability
20.6.1 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.
20.6.2 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.
20.6.3 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.
20.7 Dental Insurance
The District will contribute 80%of employee only and 80%of full family premiums for dental insurance.
20.8 Vision Insurance
The District shall provide a vision insurance plan for regular,full-time employees and eligible dependents.
20.9 Retiring Employees
20.9.1 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.
20.9.2 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.
20.9.3 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 ull year of ,... Commented[BSI]:Saliem-We did not discuss this at the
continuous service up to a maximum of 25 years or$250 per month.Employees hired on or table,but we have updated this language(house keeping)to
after August 1,2011 shall not be eligible for the retiree medical health premium offset. align with Ocsp's current practice.Are you OK with this
update?
20.10 Health Retirement Account(HRA)Reopener: The District and the Group agree to reopen this Agreement
to discuss HRA plan design and funding mechanism options,including District and/or employee funding,
understanding the District is not making any commitment to District funding.
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.
OCEA—Administrative/Clerical MOU July 1,20196 to June 30,20224-9
Page 10
8972166.1 OR040-030
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 six months 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 six months. 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.
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 six months 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 six months after the
effective date of the promotion.
OCEA—Administrative/Clerical MOU July 1,20196 to June 30,20224-9
Page 11
8972166.1 OR040-030
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.' f f The rliRtFi Gt..411 A04R„8 tG pay A 5%fr...aF d the o ..1..,,00'o G0RtFib1_1tinR tO DGERC
olo..fo.d to make 0 Re-time.de Gioi....W FeMaiR OR the PlaR 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.
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
OCEA—Administrative/Clerical MOU July 1,20196 to June 30,20224-9
Page 12
8972166.1 OR040-030
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 7.69 200
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 sox(26)weeks Of continuous
GFRditPd I.With 4 0 hnurs.Aftpr that tome,he eF she will aG(-;F'-'R VAGAt'GR hoi-IFS GOR-;O-.;tp-Rt With th
above-chart—Vacation leave may only be utilized in increments of one- u4 arterhalf 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
attend to the illness or injury of a family member as hereinafter defined;or,for an employee who is
a victim of domestic violence,sexual assault,or stalking,for the purposes described in Labor
Code sections 230(c)and 230.1(a). Temporary employees shall receive sick leave benefits as
required by State law.
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 asset forth inapplicable District Policy.
OCEA—Administrative/Clerical MOU July 1,20196 to June 30,20224-9
Page 13
8972166.1 OR040-030
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 last pay period ending inef 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,domestic partner,child,child of domestic partner,grandparent,
grandchild,legal guardian,or any family member with whom the employee resides.
D. Absence due to a job-related injury.
E. Absence related to an employee who is a victim of domestic violence,sexual assault,or
stalking,for the purposes described in Labor Code sections 230(c)and 230.1(a).
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- ua arterhalf L25)hour and thereafter on RRe half hGW
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
and a medical statement,on prescribed forms,stating expected date of return must be submitted
to Human Resources.
OCEA—Administrative/Clerical MOU July 1,20196 to June 30,20224-9
Page 14
8972166.1 OR040-030
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'/z 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. Bereavement leave shall be used within six(6)months of the death of
the 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-
OCEA—Administrative/Clerical MOU July 1,20196 to June 30,20224-9
Page 15
8972166.1 OR040-030
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. With reasonable cause,€employees may be required
to furnish evidence satisfactory to the District of the family member's death and the employee's
relationship to the deceased family member. Employees may submit requests for bereavement
leave after the six(6)months to the Director of Human Resources or designee,who has the
discretion to grant or deny such requests.
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 1 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-rata basis per the following schedule:
Hire/Transfer 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 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(12)month period is measured
OCEA—Administrative/Clerical MOU July 1,20196 to June 30,20224-9
Page 16
8972166.1 OR040-030
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.
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 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,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;
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.
OCEA—Administrative/Clerical MOU July 1,20196 to June 30,20224-9
Page 17
8972166.1 OR040-030
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
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 rollingtwelve(12)
month calendar period for the care of a parent or newly born or placedChildl. Commented[LK2]:Saliem,we missed this clean-up
28.5 General Leave language in our discussions. This is a benefit to OCEA
members;they are only limited to a combined 12 weeks of
28.5.1 Employees who have exhausted all aid time off accruals may request to be ranted a general leave related to bonding,NOT the care of a parent. Please
P Y q 9 9 confirm the group is OK with this change.
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.
OCEA—Administrative/Clerical MOU July 1,20196 to June 30,20224-9
Page 18
8972166.1 OR040-030
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
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 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 1st 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.
29.2 Y-Rating
29.2.1 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.
29.2.2 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
OCEA—Administrative/Clerical MOU July 1,20196 to June 30,20224-9
Page 19
8972166.1 OR040-030
0-3 1 year
4-5 2 years
6-10 3 years
11-20 4 years
20 or more 5 years
29.2.3 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.
29.2.4 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.
29.3 Z-Rating
29.3.1 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.
29.3.2 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 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.
OCEA—Administrative/Clerical MOU July 1,20196 to June 30,20224-9
Page 20
8972166.1 OR040-030
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.
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
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.
OCEA—Administrative/Clerical MOU July 1,20196 to June 30,20224-9
Page 21
8972166.1 OR040-030
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.
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 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:
OCEA—Administrative/Clerical MOU July 1,20196 to June 30,20224-9
Page 22
8972166.1 OR040-030
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
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
OCEA—Administrative/Clerical MOU July 1,20196 to June 30,20224-9
Page 23
8972166.1 OR040-030
45.3.1 Any employee maybe 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)
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 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
51.1 Voluntary written termination of employment with the District is automatically deemed irrevocable after
seventy-two(72)hours from the receipt of the resignation,except by approval of the Director of Human
Resources,or designee. The District may accept in writing any employee's verbal or written resignation at
any time and deem such resignation irrevocable.
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—Administrative/Clerical MOU July 1,20196 to June 30,20224-9
Page 24
8972166.1 OR040-030
SIGNATURE PAGE
20196-2022a 9
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
ADMINISTRATIVE AND CLERICAL UNIT
Executed:
OCEA ADMINISTRATIVE&CLERICAL UNIT ORANGE COUNTY SANITATION DISTRICT
B r_ tmerre,Saliem Aregave,Labor Relations Laura Drottz Kalty,LeadChiet Negotiator
Representative
12^Qrp'XXXReed Calvo,AdrniR' * *^*�* - Celia Chandler,Director of Human Resources
Ass'stan Lead Storekeeper
Beatrice Mitchell,Administrative Assistant Laura Maravilla,Human Resources&Risk
Manager
ReSGU s ARaly64C ..o.
Andrew Nau,Human Resources Supervisor
daaiae AgWwjhys DeVries,grlasipal
SeaierPrincipal Human Resources Analyst
au'e Klh4e Stephanie Barron,Senior
Human Resources Analyst
OCEA-Administrative/Clerical MOU July 1,20196 to June 30,20224-9
Page 25
9972166.1 OR040-030
Exhibit A
ADMINISTRATIVE AND CLERICAL
UNIT
Effective Effective Effective
Pay 85JU1 619 73-Jul-3720 62-JUI.1821
Classification Grade MIN MAX MIN I MAX MIN MAX
Executive Assistant 69 $26 48 $44.244 $27-.29 $4545 $88-32 46:59$5
39.47 7.99 40.65 49.43 41.87 0.91
Graphics Designer 69 $39.47 $47.99 $40.65 $49.43 $41.87 $50.91
Administrative Assistant 67 $34.74 $42-� $3658 $43.24 $3647 $44324
37.56 5.65 38.69 47.02 39.85 8.43
Contracts/Purchasing Assistant 67 37.56 45.65$ $38.69 $47.02 $39.85 148.43$
$34.73 Q 19 $35.58 $43.24 $36.47 44.32
Payroll Technician 67 37.56 45.65$ $38.69 $47.02 $39.85 8.43$
$34.73 4219 $35.56 $43.24 $36.47 44.32
6raphiss-6eerdi Rate r 66 $33..89 $4447 $34.73 $42.29 $35.69 $43.26
Lead Storekeeper 62 $39-" $37:294 $34-45 $39-.22 $32.24 $39-4
33.21 0.36 34.21 41.57 35.24 2.82
Accounting Assistant II 58 $27.79 $33783 $28-48 $34.62 $29:1-9 $35-493
30.07 6.55 30.97 37.65 31.90 8.78
Senior Storekeeper 58 30.07 126.55$ $30.97 $37.65 $31.90 138.78$
$27.79 22 78 $29..48 $34.62 $29.1-9 35 Q
Program Assistant 56 $2R 47 $32453 $2733 $22 95 $27.81 $33773
28.64 4.78 29.50 35.82 30.39 6.89
Accounting Assistant 1 54 $ 5.17 $38:603 $25:80 $21-37 $26-45 $32.453
27.24 3.11 28.06 34.10 28.90 5.12
Storekeeper 52 $23.97 $29 2 $24-57 $29:88 $25,18 $39=833
25.94 1.55 26.72 32.50 27.52 3.48
Office Assistant 50 $�2 $27.733 $23b29 $2�42 $23.97 $29,133
24.69 0.00 25.43 30.90 26.19 1.83
OCEA-Administrative/Clerical MOU July 1,20196 to June 30,20224-9
Page 26
8972166.1 OR040-030
i
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR TH E
TECHNICAL SERVICES UNIT
July 1, 20196 through June 30, 20224-9
8972311.1 OR040-030
TABLE OF CONTENTS
ARTICLE 1.-RECOGNITION.................................................................................................................................1
ARTICLE 2.-DURATION.......................................................................................................................................1
ARTICLE 3.-SUCCESSOR AGREEMENT...........................................................................................................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......................................................................6
ARTICLE 14.-SEVERANCE PAY.........................................................................................................................7
ARTICLE 15.-DEFERRED COMPENSATION......................................................................................................7
ARTICLE16.-HOLIDAYS......................................................................................................................................7
ARTICLE 17.-=HOURS OF WORK......................................................................................................................8
ARTICLE 18.-CALL-BACK PAY..........................................................................................................................8
ARTICLE 19.-STANDBY PAY..............................................................................................................................8
ARTICLE20.--INSURANCE................................................................................................................................9
20.34 MEDICAL INSURANCE...............................................................................................................................9
20.45 LIFE INSURANCE......................................................................................................................................5
20.566, SHORT TERM DISABILITY..........................................................................................................................9
20.67- LONG TERM DISABILITY............................................................................................................................9
20.79 DENTAL INSURANCE...............................................................................................................................10
20.89 VISION INSURANCE................................................................................................................................10
20.9 RETIRING EMPLOYEES...........................................................................................................................10
20.10 HEALTH RETIREMENT ACCOUNT REOPENER............................................................................................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...................................................................................................................................11
ARTICLE 23.-PROBATIONARY PERIOD..........................................................................................................11
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....................................................................................................................................15
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................................................................................................................................17
28.5 GENERAL LEAVE....................................................................................................................................18
28.6 RETURN TO WORK POLICY.....................................................................................................................18
28.7 COMPLIANCE WITH LAW.........................................................................................................................19
ARTICLE 29.-CLASSIFICATION STUDIES.......................................................................................................19
ARTICLE 30.-DRIVER'S LICENSE.....................................................................................................................20
ARTICLE 31.-LAYOFF PROCEDURE................................................................................................................20
ARTICLE 32.-LIGHT DUTY.................................................................................................................................21
ARTICLE 33.-MEDICAL EXAMINATION...........................................................................................................21
ARTICLE 34.-MILEAGE ALLOWANCE.............................................................................................................21
OCEA-Technical Services MOU July 1,20194 to June 30,202246
Pagei
8972311.1 OR040-030
ARTICLE 35.-ACTING PAY................................................................................................................................21
ARTICLE36...........................................................................................................................................................21
ARTICLE 37.-PERSONNEL FILES....................................................................................................................21
ARTICLE 38.--BULLETIN BOARDS.................................................................................................................22
ARTICLE 39.-RELEASE TIME FOR MEET AND CONFER SESSIONS...........................................................22
ARTICLE 40.-USE OF DISTRICT FACILITIES..................................................................................................22
ARTICLE 41.-SCOPE OF BARGAINING...........................................................................................................22
ARTICLE 42.-IMPASSE PROCEDURES...........................................................................................................22
ARTICLE 43.-SEVERABILITY............................................................................................................................23
ARTICLE44.-UNIFORMS...................................................................................................................................23
ARTICLE 45.-SUBSTANCE ABUSE POLICY....................................................................................................23
ARTICLE 46.-DUES DEDUCTIONS...................................................................................................................23
ARTICLE47...........................................................................................................................................................23
ARTICLE 48.-PEACEFUL RESOLUTION OF DISPUTES.................................................................................24
ARTICLE49...........................................................................................................................................................24
ARTICLE 50.-WORKPLACE VIOLENCE AND WEAPONS POLICY................................................................24
ARTICLE51.-RESIGNATION.............................................................................................................................24
ARTICLE52...........................................................................................................................................................24
ARTICLE 53.-LABOR MANAGEMENT COMMITTEE.........................................................................24
SIGNATUREPAGE...............................................................................................................................................25
EXHIBITA.............................................................................................................................................................26
OCEA—Technical Services MOU July 1,20196to June 30,202249
Page ii
8972311.1 OR040-030
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,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 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 1,20196,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 30,20224-9. Any issue regarding the
question of exclusive representation of a recognized employee organization shall be brought pursuant to
the Employer-Employee Relations Resolution(EERR),Resolution No.OCSD 99-24.This Agreement Sh
expiration.
ARTICLE 3.-SUCCESSOR AGREEMENT
3.1 The Group shall submit in writing its initial proposal for a successor agreement 60 days 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—Technical Services MOU July 1,20196 to June 30,202249
Page 1
8972311.1 OR040-030
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.
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 actual or perceived race,color,religion,national origin,ancestry,sex,gender,gender identity,gender
expression,sexual orientation,age,physical or mental disability,medical condition,genetic information,
marital status,or military or veteran status,or any other lawfully protected class. 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 any protected classification.
ARTICLE 8.-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 and the use of
tobacco(cigarettes,cigars,e-cigarettes["vaping"]and related tobacco products and technologies)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
OCEA—Technical Services MOU July 1,20196 to June 30,20224-9
Page 2
8972311.1 OR040-030
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.
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 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.
OCEA—Technical Services MOU July 1,20196 to June 30,20224-9
Page 3
8972311.1 OR040-030
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.
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 Employees are encouraged prior to bringing forward a formal grievance,to discuss the issue with the
Director of Human Resources,or designee,in an effort to bring about an informal resolution.
11.4 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.
11.4.1 Step 1. An employee will submit his/her complaint in writing to his/her immediate supervisor or
designee within ten(10)days of the occurrence of the event giving rise to the complaint,or within
ten(10)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 ten(10)days.
11.4.2 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 ten(10)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
OCEA—Technical Services MOU July 1,20196 to June 30,20224-9
Page 4
8972311.1 OR040-030
e) Provide the date of attempts at informal resolution and the name of the supervisor or individual
involved.
11.4.2.1 The Division Manager,or designee,shall respond in writing to the employee within ten
(10)days after the date the grievance is received.
11.4.3 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.
11.4.4 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.
11.4.5 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.
11.5 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.
11.5.1 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.
11.5.2 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.
OCEA—Technical Services MOU July 1,20196 to June 30,20224-9
Page 5
8972311.1 OR040-030
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:
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$15 247.62 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
$45722286 per pay period.
13.3.2.1 The overall maximum Development Pay for education,certification and/or licenses is
fixed at$87.2564b9 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 20196,employees under this Agreement will receive salary
range adjustments at a flat rate of 3_02-.5%.
OCEA—Technical Services MOU July 1,20196 to June 30,20224-9
Page 6
8972311.1 OR040-030
13.4.2 Effective the first pay period in July 202047,employees under this Agreement will receive salary
range adjustments at a flat rate of 3_05%.
13.4.3 Effective the first pay period in July 202149,employees under this Agreement will receive salary
range adjustments at a flat rate of 3_02.5%.
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.
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 if
requested by December 31 of the prior year on the Holiday Comp Cashout Form.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
OCEA—Technical Services MOU July 1,20196 to June 30,20224-9
Page 7
8972311.1 OR040-030
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 rata basis in the first calendar year of service per the following table:
Hire Date Percent
1st Quarter(January-March) 100%
2"d Quarter(April-June) 75%
3rd Quarter(July-September) 50%
41h Quarter(October-December) 0%
16.3 Employees must use the"Floating Holiday"within the calendar 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.
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(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.
OCEA—Technical Services MOU July 1,20196 to June 30,20224-9
Page 8
8972311.1 OR040-030
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 thfee-five hundred
forty five(34500)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 Insurance
20.3.1 The District will provide medical health insurance coverage through a Health Maintenance
Organization(HMO)medical insurance plan and a Preferred Provider Organization(PPO)medical
insurance plan.
20.3.2 Regular,full-time employees:
20.3.2.1 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.
20.3.3 The District may reopen negotiations at any time during the term of the MOU to address the
impact of the Affordable Care Act(ACA),provided that no change may be made by the District
unless such change is either(1)mandated by the ACA,or(2)mutually agreed upon by the
parties.
20.4 Life Insurance
The District shall pay the full premium for$50,000 term life insurance on each employee.
20.5 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 waiting period.
20.6 Long Term Disability
20.6.1 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.
20.6.2 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.
OCEA—Technical Services MOU July 1,20196 to June 30,20224-9
Page 9
8972311.1 OR040-030
20.6.3 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.
20.7 Dental Insurance
The District will contribute 80%of employee only and 80%of full family premiums for dental insurance.
20.8 Vision Insurance
The District shall provide a vision insurance plan for regular,full-time employees and eligible dependents.
20.9 Retiring Employees
20.9.1 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.
20.9.2 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.
20.9.3 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 ull year of . — Commented[BS1]:Saliem-We did not discuss this at the
continuous service up to a maximum of 25 years or$250 per month.Employees hired on or table,but we have updated this language(house keeping)to
after August 1,2011 shall not be eligible for the retiree medical health premium offset. align with OCSID's current practice.Are you OK with this
update?
20.10 Health Retirement Account(HRA)Reopener: The District and the Group agree to reopen this Agreement
to discuss HRA plan design and funding mechanism options,including District and/or employee funding,
understanding the District is not making any commitment to District funding.
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.
21.4 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.
OCEA—Technical Services MOU July 1,20196 to June 30,20224-9
Page 10
8972311.1 OR040-030
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 six months 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 six months. 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.
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 six months 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 six months 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.
OCEA—Technical Services MOU July 1,20196 to June 30,20224-9
Page 11
8972311.1 OR040-030
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.
�Thp Di,;triAt% ill..ARtO..,,o tG y n 5 r,., aFd the o pleyep ntrabutm n fA QCF�C
01o.4o1 to wake 0 0♦ornp idonio:.R tG remaiR OR the DlaR G_
pFegFam.
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.
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
OCEA—Technical Services MOU July 1,20196 to June 30,20224-9
Page 12
8972311.1 OR040-030
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 6iX(26)weeks of continuous
.;P.PVAP,. Aftprthe ndh-xid,-ial's first twenty sox(26)weeks of sei:v*Ge,his er her aGGGunt will be
a ove-Gh '.Vacation leave may only be utilized in increments of one- ug arterhalf 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
attend to the illness or injury of a family member as hereinafter defined;or,for an employee who is
a victim of domestic violence,sexual assault,or stalking,for the purposes described in Labor
Code sections 230(c)and 230.1(a). Temporary employees shall receive sick leave benefits as
required by State law.
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 Payoff-Employees may elect annually to be paid for any unused sick leave hours accrued
through the last pay period ending inef 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%
OCEA—Technical Services MOU July 1,20196 to June 30,20224-9
Page 13
8972311.1 OR040-030
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,domestic partner,child,child of domestic partner,grandparent,
grandchild,legal guardian,or any family member with whom the employee resides.
D. Absence due to a job-related injury.
E. Absence related to an employee who is a victim of domestic violence,sexual assault,or
stalking,for the purposes described in Labor Code sections 230(c)and 230.1(a).
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- uarter hour and thereafter On ono ha"ho-
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
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
OCEA—Technical Services MOU July 1,20196 to June 30,20224-9
Page 14
8972311.1 OR040-030
not actually retained on jury unless there is less than'/z 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. Bereavement leave shall be used within six(6)months of the death of
the 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,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. With reasonable cause,employees may be required to
furnish evidence satisfactory to the District of the family member's death and the employee's
relationship to the deceased family member. Employees may submit requests for bereavement
leave after the six(6)months to the Director of Human Resources or designee,who has the
discretion to grant or deny such requests.
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:
OCEA—Technical Services MOU July 1,20196 to June 30,20224-9
Page 15
8972311.1 OR040-030
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-rata basis per the following schedule:
Hire/Transfer 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 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(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.
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.
OCEA—Technical Services MOU July 1,20196 to June 30,20224-9
Page 16
8972311.1 OR040-030
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 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,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;
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
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
OCEA—Technical Services MOU July 1,20196 to June 30,20224-9
Page 17
8972311.1 OR040-030
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�hild__ Commented[LK2]:Saliem,we missed this clean-up
28.5 General Leave language in our discussions. This is a benefit to OCEA
members;they are only limited to a combined 12 weeks of
28.5.1 Employees who have exhausted all aid time off accruals may request to be ranted a general leave related to bonding,NOT the care of a parent. Please
P Y q 9 9 confirm the group is OK with this change.
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
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
OCEA—Technical Services MOU July 1,20196 to June 30,202249
Page 18
8972311.1 OR040-030
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 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 1st 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.
29.2 Y-Rating
29.2.1 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.
29.2.2 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
29.2.3 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-
OCEA—Technical Services MOU July 1,20196 to June 30,20224-9
Page 19
8972311.1 OR040-030
rating shall not apply in cases involving disciplinary actions or voluntary changes to a job
classification with a lower maximum rate of pay.
29.2.4 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.
29.3 Z-Ratinq
29.3.1 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.
29.3.2 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 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.
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 1,20196 to June 30,20224-9
Page 20
8972311.1 OR040-030
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
OCEA—Technical Services MOU July 1,20196 to June 30,20224-9
Page 21
8972311.1 OR040-030
in his or her file current,including home address,telephone number and person to contact in an
emergency.
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 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 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.
OCEA—Technical Services MOU July 1,20196 to June 30,20224-9
Page 22
8972311.1 OR040-030
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
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 Policv
45.3.1 Any employee maybe 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.
OCEA—Technical Services MOU July 1,20196 to June 30,20224-9
Page 23
8972311.1 OR040-030
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)
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 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
51.1 Voluntary written termination of employment with the District is automatically deemed irrevocable after
seventy-two(72)hours from the receipt of the resignation,except by approval of the Director of Human
Resources,or designee. The District may accept in writing any employee's verbal or written resignation at
any time and deem such resignation irrevocable.
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 1,20196 to June 30,20224-9
Page 24
8972311.1 OR040-030
SIGNATURE PAGE
20196—2022a 9
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR THE
TECHNICAL SERVICES UNIT
Executed:
OCEA TECHNICAL SERVICES UNIT ORANGE COUNTY SANITATION DISTRICT
B r_ tmerre,Saliem Aregave,Labor Relations Laura Drottz Kalty,Chief Lead Negotiator
Representative
Joe Vallone,Information Technology Celia Chandler,Director of Human Resources
Technician II
Formatted Table
Laura Maravilla,Human Resources&Risk
Manager Ana.o,.,nl ,, o.; �I
R86e Y s ARalyo4Cnon
Ion 0%12l M Aa,,inistrativo Assistant Andrew Nau,Human Resources Supervisor
I a m MaFa dlla Human Ro n o K Risk
SupervisorManaq
'a^'^e AgWwThys DeVries,PFlnsipal
SenieFPrincipal Human Resources Analyst
Laurie e Stephanie Barron,Senior
Human Resources Analyst
OCEA—Technical Services MOU July 1,20196 to June 30,202249
Page 25
8972311.1 OR040-030
Exhibit A
TECHNICAL SERVICES UNIT
Effective Effective Effective
Pay 85JU1 619 73Jul-1720 62-JuI 821
Classification Grade MIN MAX MIN MAX MIN MAX
Lead Source Controllnsoector 77 $48.09 $58.46 $49.53 $60.21 $51.02 $62.02
Data Management Technician II 75 $4229 $54-405 $43.39 $52.9 $44.43
45.76 5.63 47.13 57.30 48.54 9.02
Source Control Inspector II 73 $40_3 $48.825 $4t:24 $59 4 $4227 $51-395
43.54 2.93 44.85 54.52 46.20 6.16
Data Management Technician 1 71 $38.29 $46-.555 $39.25 $47:74 $40.23 $48.905
41.44 0.37 42.68 51.88 43.96 3.44
Source Control Inspector 69 $3648 $44`,344 $37b°9 $45-45 $38.32 46-.545
39.47 7.99 40.65 49.43 41.87 0.91
Information Technology 65 $33-04 $49 154 $33.67 $41-:15 $34-2 $42�
Technician II 35.76 3.45 36.83 44.75 37.93 6.09
Environmental Technician 61 $29-92 $36=383 $30.67 $37-:2@ $31-.44 $38`224
32.38 9.37 33.35 40.55 34.35 1.77
Information Technology 61 32.38 139.37$ $33.35 $40.55 $34.35 1.77$
Technician $29.92 26,22 $30.67 $37..29 $34 44 38:22
Laboratory Ass ist 57 $27w12 $3-W $27-:88 $3 79 $28:SB $34-63
OCEA-Technical Services MOU July 1,20196 to June 30,20224-9
Page 26
8972311.1 OR040-030
i
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
FOR TH E
ENGINEERING UNIT
July 1, 20196 through June 30, 20224-9
8972312.1 OR040-030
TABLE OF CONTENTS
ARTICLE 1.-RECOGNITION.................................................................................................................................1
ARTICLE 2.-DURATION.......................................................................................................................................1
ARTICLE 3.-SUCCESSOR AGREEMENT...........................................................................................................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......................................................................6
ARTICLE 14.-SEVERANCE PAY.........................................................................................................................7
ARTICLE 15.-DEFERRED COMPENSATION......................................................................................................7
ARTICLE16.-HOLIDAYS......................................................................................................................................7
ARTICLE 17.-HOURS OF WORK.......................................................................................................................8
ARTICLE 18.-CALL-BACK PAY..........................................................................................................................8
ARTICLE 19.-STANDBY PAY..............................................................................................................................8
ARTICLE20.--INSURANCE................................................................................................................................9
20.34 MEDICAL INSURANCE...............................................................................................................................9
20.45 LIFE INSURANCE......................................................................................................................................5
20.566, SHORT TERM DISABILITY..........................................................................................................................9
20.67- LONG TERM DISABILITY............................................................................................................................9
20.79 DENTAL INSURANCE...............................................................................................................................10
20.89 VISION INSURANCE................................................................................................................................10
20.9 RETIRING EMPLOYEES...........................................................................................................................10
20.10 HEALTH RETIREMENT ACCOUNT REOPENERRFT'R'NG FmMP'AV 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...................................................................................................................................10
ARTICLE 23.-PROBATIONARY PERIOD..........................................................................................................11
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....................................................................................................................................18
28.6 RETURN TO WORK POLICY.....................................................................................................................18
28.7 COMPLIANCE WITH LAW.........................................................................................................................18
ARTICLE 29.-CLASSIFICATION STUDIES.......................................................................................................19
ARTICLE 30.-DRIVER'S LICENSE.....................................................................................................................20
ARTICLE 31.-LAYOFF PROCEDURE................................................................................................................20
ARTICLE 32.-LIGHT DUTY.................................................................................................................................20
ARTICLE 33.-MEDICAL EXAMINATION...........................................................................................................21
ARTICLE 34.-MILEAGE ALLOWANCE.............................................................................................................21
OCEA-Engineering MOU July 1,20194 to June 30,202246
Pagei
8972312.1 OR040-030
ARTICLE 35.-ACTING PAY................................................................................................................................21
ARTICLE36...........................................................................................................................................................21
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..................................................................................................22
ARTICLE 41.-SCOPE OF BARGAINING...........................................................................................................22
ARTICLE 42.-IMPASSE PROCEDURES...........................................................................................................22
ARTICLE 43.-SEVERABILITY............................................................................................................................22
ARTICLE44.-UNIFORMS...................................................................................................................................23
ARTICLE 45.-SUBSTANCE ABUSE POLICY....................................................................................................23
ARTICLE 46.-DUES DEDUCTIONS...................................................................................................................23
ARTICLE47...........................................................................................................................................................23
ARTICLE 48.-PEACEFUL RESOLUTION OF DISPUTES.................................................................................23
ARTICLE49...........................................................................................................................................................23
ARTICLE 50.-WORKPLACE VIOLENCE AND WEAPONS POLICY................................................................24
ARTICLE51.-RESIGNATION.............................................................................................................................24
ARTICLE52...........................................................................................................................................................24
ARTICLE 53.-LABOR MANAGEMENT COMMITTEE.........................................................................24
SIGNATUREPAGE...............................................................................................................................................25
EXHIBITA.............................................................................................................................................................26
OCEA—Engineering MOU July 1,20196 to June 30,20229
Page ii
8972312.1 OR040-030
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,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 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 1,20196,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 30,202249.Any issue regarding the question
of exclusive representation of a recognized employee organization shall be brought pursuant to the
Employer-Employee Relations Resolution(EERR).Resolution No.OCSD 99-24.This Agreement shall AGt
ARTICLE 3. -SUCCESSOR AGREEMENT
3.1 The Group shall submit in writing its initial proposal for a successor agreement 60 days 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—Engineering MOU July 1,20196 to June 30,202249
Page 1
8972312.1 OR040-030
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.
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 actual or perceived race,color,religion,national origin,ancestry,sex,gender,gender identity,gender
expression,sexual orientation,age,physical or mental disability,medical condition,genetic information,
marital status,or military or veteran status,or any other lawfully protected class. 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 any protected classification.
ARTICLE 8.-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 and the use of
tobacco(cigarettes,cigars,e-cigarettes["vaping"]and related tobacco products and technologies)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
OCEA—Engineering MOU July 1,20196 to June 30,20224-9
Page 2
8972312.1 OR040-030
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.
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 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
OCEA—Engineering MOU July 1,20196 to June 30,20224-9
Page 3
8972312.1 OR040-030
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.
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 Employees are encouraged prior to bringing forward a formal grievance,to discuss the issue with the
Director of Human Resources,or designee,in an effort to bring about an informal resolution.
11.4 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.
11.4.1 Step 1. An employee will submit his/her complaint in writing to his/her immediate supervisor or
designee within ten(10)days of the occurrence of the event giving rise to the complaint,or within
ten(10)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 ten(10)days.
11.4.2 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 ten(10)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.
OCEA—Engineering MOU July 1,20196 to June 30,20224-9
Page 4
8972312.1 OR040-030
11.4.2.1 The Division Manager,or designee,shall respond in writing to the employee within ten
(10)days after the date the grievance is received.
11.4.3 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.
11.4.4 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.
11.4.5 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.
11.5 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.
11.5.1 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.
11.5.2 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.
OCEA—Engineering MOU July 1,20196 to June 30,202219
Page 5
8972312.1 OR040-030
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:
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$15247.62 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
$45722286 per pay period.
13.3.2.1 The overall maximum Development Pay for education,certification and/or licenses is
fixed at$87.2564b9 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 20196,employees under this Agreement will receive salary
range adjustments at a flat rate of 3_02-.5%.
OCEA—Engineering MOU July 1,20196 to June 30,202219
Page 6
8972312.1 OR040-030
13.4.2 Effective the first pay period in July 202047,employees under this Agreement will receive salary
range adjustments at a flat rate of 3_05%.
13.4.3 Effective the first pay period in July 202149,employees under this Agreement will receive salary
range adjustments at a flat rate of 3_02.5%.
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.
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 pg5 if
requested by December 31 of the prior year on the Holiday Comp Cashout Form.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
OCEA—Engineering MOU July 1,20196 to June 30,20
Page 7
8972312.1 OR040-030
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 rata basis in the first calendar year of service per the following table:
Hire Date Percent
1st Quarter(January-March) 100%
2nd Quarter(April-June) 75%
31d Quarter(July-September) 50%
41h Quarter(October-December) 0%
16.3 Employees must use the"Floating Holiday"within the calendar 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.
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(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
OCEA—Engineering MOU July 1,20196 to June 30,20224-9
Page 8
8972312.1 OR040-030
rotational basis.An employee placed on standby shall be compensated at the rate of three-five hundred
forty five(34500)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 Insurance
20.3.1 The District will provide medical health insurance coverage through a Health Maintenance
Organization(HMO)medical insurance plan and a Preferred Provider Organization(PPO)medical
insurance plan.
20.3.2 Regular,full-time employees:
20.3.2.1 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.
20.3.3 The District may reopen negotiations at anytime during the term of the MOU to address the
impact of the Affordable Care Act(ACA),provided that no change may be made by the District
unless such change is either(1)mandated by the ACA,or(2)mutually agreed upon by the
parties.
20.4 Life Insurance
The District shall pay the full premium for$50,000 term life insurance on each employee.
20.5 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 waiting period.
20.6 Long Term Disability
20.6.1 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.
20.6.2 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.
20.6.3 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.
OCEA—Engineering MOU July 1,20196 to June 30,202219
Page 9
8972312.1 OR040-030
20.7 Dental Insurance
The District will contribute 80%of employee only and 80%of full family premiums for dental insurance.
20.8 Vision Insurance
The District shall provide a vision insurance plan for regular,full-time employees and eligible dependents.
20.9 Retiring Employees
20.9.1 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.
20.9.2 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.
20.9.3 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 ull ear of ..-- Commented[BSI]:Saliem-We did not discuss this at the
continuous service up to a maximum of 25 years or$250 per month.Employees hired on or table,but we have updated this language to align with
after August 1,2011 shall not be eligible for the retiree medical health premium offset. Ocsp's current practice(house keeping).Are you OK with
this update?
20.10 Health Retirement Account(HRA)Reopener: The District and the Group agree to reopen this
Agreement to discuss HRA plan design and funding mechanism options,including District and/or employee
funding,understanding the District is not making any commitment to District funding.
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.
21.4 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
OCEA—Engineering MOU July 1,20196 to June 30,202219
Page 10
8972312.1 OR040-030
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 six months 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 six months. 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.
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 six months 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 six months 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.
pFegFam.
OCEA—Engineering MOU July 1,20196 to June 30,20224-9
Page 11
8972312.1 OR040-030
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.
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 7.69 200
27.1.2 Part-time employees accrue vacation leave on a pro-rata basis as set forth in District Policy.
OCEA—Engineering MOU July 1,20196 to June 30,20224-9
Page 12
8972312.1 OR040-030
27.1.3 Vacation leave begins after an employee has GOrnpleted twenty sox(26)weeks Of continuous
GrAditPd I.With 40 hnurs.A.#Pr that tome,he eF she will aGGF1_1e vaGation hours Annsogtent w0th th
abeve-G#a#—Vacation leave may only be utilized in increments of one- ua arterhalf 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
attend to the illness or injury of a family member as hereinafter defined;or,for an employee who is
a victim of domestic violence,sexual assault,or stalking,for the purposes described in Labor
Code sections 230(c)and 230.1(a). Temporary employees shall receive sick leave benefits as
required by State law.
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 Payoff-Employees may elect annually to be paid for any unused sick leave hours accrued
through the last pay period ending inef 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
OCEA—Engineering MOU July 1,20196 to June 30,20224-9
Page 13
8972312.1 OR040-030
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,domestic partner,child,child of domestic partner,grandparent,
grandchild,legal guardian,or any family member with whom the employee resides.
D. Absence due to a job-related injury.
E. Absence related to an employee who is a victim of domestic violence,sexual assault,or
stalking,for the purposes described in Labor Code sections 230(c)and 230.1(a).
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- uarter hour and thorpaftpr an Anp half hn-
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
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("FMtA")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''/z 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.
OCEA—Engineering MOU July 1,20196 to June 30,20224-9
Page 14
8972312.1 OR040-030
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. Bereavement leave shall be used within six(6)months of the death of
the 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,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. With reasonable cause,employees may be required to
furnish evidence satisfactory to the District of the family member's death and the employee's
relationship to the deceased family member. Employees may submit requests for bereavement
leave after the six(6)months to the Director of Human Resources or designee,who has the
discretion to grant or deny such requests.
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
OCEA—Engineering MOU July 1,20196 to June 30,20224-9
Page 15
8972312.1 OR040-030
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-rata basis per the following schedule:
Hire/Transfer 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 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(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.
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;
OCEA—Engineering MOU July 1,20196 to June 30,202219
Page 16
8972312.1 OR040-030
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,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;
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
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.
OCEA—Engineering MOU July 1,20196 to June 30,202249
Page 17
8972312.1 OR040-030
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 rollin twelve(12)
month calendar period for the care of a parent eF newly born or placedUild. _._- Commented[LK2]:Saliem,we missed this clean-up
28.5 General Leave language in our discussions. This is a benefit to OCEA
members;they are only limited to a combined 12 weeks of
28.5.1 Employees who have exhausted all aid time off accruals may request to be ranted a general leave related to bonding,NOT the care of a parent. Please
P Y q 9 9 confirm the group is OK with this change.
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
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.
OCEA—Engineering MOU July 1,20196 to June 30,20224-9
Page 18
8972312.1 OR040-030
ARTICLE 29. -CLASSIFICATION STUDIES
29.1 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 1st 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.
29.2 Y-Rating
29.2.1 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.
29.2.2 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
29.2.3 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.
29.2.4 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.
29.3 Z-Ratina
29.3.1 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.
29.3.2 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.
OCEA—Engineering MOU July 1,20196 to June 30,20224-9
Page 19
8972312.1 OR040-030
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 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.
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.
OCEA—Engineering MOU July 1,20196 to June 30,202219
Page 20
8972312.1 OR040-030
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,including home address,telephone number and person to contact in an
emergency.
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.
OCEA—Engineering MOU July 1,20196 to June 30,202219
Page 21
8972312.1 OR040-030
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:
43.3.1 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
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.
OCEA—Engineering MOU July 1,20196 to June 30,20
Page 22
8972312.1 OR040-030
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 maybe 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)
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 whole or in part from the full,faithful and proper performance of their
duties of employment.
ARTICLE 49.
(This Article intentionally left blank)
OCEA—Engineering MOU July 1,20196 to June 30,20224-9
Page 23
8972312.1 OR040-030
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 automatically deemed irrevocable after
seventy-two(72)hours from the receipt of the resignation,except by approval of the Director of Human
Resources,or designee. The District may accept in writing any employee's verbal or written resignation at
any time and deem such resignation irrevocable.
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 1,20196 to June 30,20
Page 24
8972312.1 OR040-030
SIGNATURE PAGE
20196—2022T9
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
B r_ tmerre,Saliem Aregave,Labor Relations Laura Drottz Kalty,LeadOhief Negotiator
Representative
Robert(Mickey)Whitney,Senior Construction Celia Chandler,Director of Human Resources
Inspector
XXXDana Andrewsdan Orel,Admon' tFatove Laura Maravilla,Human Resources&Risk
ss*sta'�^'Construction Inspector Manager
R s u s ARaIyGlc
Andrew Nau,Human Resources Supervisor
Laura MaFayaiia Human Roso-mes 2 Risk
SupervisorManag
Janine AgWarThys DeVries,RFInsiPal
SenierRrinisipalPrincipal Human Resources
Analyst
Laupie a Stephanie Barron,Senior
Human Resources Analyst
OCEA—Engineering MOU July 1,20196 to June 30,202219
Page 25
8972312.1 OR040-030
Exhibit A
ENGINEERING UNIT
Effective Effective Effective
Pay 85-Jul-1619 73-Jul4720 62-Jul-1821
Classification Grade MIN MAX MIN MAX F-MIN I MAX
Senior Construction Inspector 78 $$4&-&349'2 $65.23 $46-6750.7 $ $4T4452.2 $534562.4
8 58.89 6 56:7360.66 8 8
Engineering Associate 76 $433346_89 $52- 57.0 $44-4148.3 $54- 58.7 $453249.7 $55- 60.4
2 0 3 5 9
Construction Inspector 74 $41,2744_66 $50,4554.2 $42.3046.0 $51-4055.9 $43,3647.3 $52-:W 7.5
7 0 0 8 8
Engineering Assistant II 70 $37:3840.46 $45.4449.1 $38.°b241.6 $46,5950.6 $39- 2.9 $47.7452.1
7 7 5 2 7
Engineering Assistant 1 66 $33-8836.67 $41-- 4.5 $34a337.7 $42.2045.9 $3&4938.9 $432547.2
6 7 0 0 a
OCEA—Engineering MOU July 1,20196 to June 30,20
Page 26
8972312.1 OR040-030
STEERING COMMITTEE Meeting Date To Bd. of Dir.
08/28/19 08/28/19
AGENDA REPORT Item Number Item Number
Orange County Sanitation District
FROM: Laura Kalty, Chief Negotiator
SUBJECT: SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE
INTERNATIONAL UNION OF OPERATING ENGINEERS — LOCAL 501
CHIEF NEGOTIATOR'S RECOMMENDATION
A. Adopt Resolution No. OCSD 19-10, entitled, "A Resolution of the Board of
Directors of the Orange County Sanitation District approving the Memorandum of
Understanding between the Orange County Sanitation District and the
International Union of Operating Engineers, Local 501, for Fiscal Years 2019/2020,
2020/2021 & 2021/2022"; and
B. Direct staff to finalize and sign the Memoranda of Understanding (MOU) between
Orange County Sanitation District and the Local 501 bargaining unit.
BACKGROUND
The MOU between the Orange County Sanitation District (Sanitation District) and the
International Union of Operating Engineers Local 501 (Local 501) bargaining unit that
became effective on July 1, 2016 expired on June 30, 2019. Local 501 submitted its initial
proposal for a successor MOU on February 27, 2019. Local 501 and the Sanitation
District have met and conferred in good faith twelve (12) times since receiving the initial
proposal. As of the Board meeting on June 26, 2019, all items proposed, except salary
and wages, had either reached tentative agreement or had been withdrawn.
On June 26, 2019, the Board of Directors authorized the Chief Negotiator to make a
counter proposal to Local 501 including a three-year contract with a 3.0% salary increase
and corresponding range adjustments due in the first pay period in July for each year of
the contract, with the first increase to commence on July 5, 2019.
The Sanitation District delivered this counter proposal to Local 501 on July 15, 2019.
Local 501's membership ratified the proposal by majority vote on July 24, 2019.
RELEVANT STANDARDS
• Ensure the public's money is wisely spent.
• Offer competitive compensation and benefits
• Cultivate a highly qualified, well trained, and diverse workforce
• Negotiate fair and equitable labor agreements
• Maintain positive employer-employee relations
• Provide professional growth and development
Page 1 of 4
PROBLEM
The MOU between the Sanitation District and the Local 501 bargaining unit that became
effective on July 1, 2016 expired on June 30, 2019.
PROPOSED SOLUTION
Adopt Resolution No. OCSD 19-10, 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 International Union of Operating
Engineers, Local 501, for Fiscal Years 2019/2020, 2020/2021 & 2021/2022".
Based on Board direction, the Sanitation District issued a counter proposal to Local 501
on July 15, 2019, including three-year contracts with a 3.0% salary increase for each year
of the contract. Local 501 distributed the proposal to its membership for voting and Local
501's membership ratified the proposals by majority vote July 24, 2019.
RAMIFICATIONS OF NOT TAKING ACTION
• Labor instability
• Possible impacts to morale
• Impasse
PRIOR COMMITTEE/BOARD ACTIONS
In December 2018, an Ad Hoc Subcommittee of the Steering Committee selected Laura
Kalty from Liebert Cassidy Whitmore to serve as the Sanitation District's Chief Negotiator.
In preparation for and during the meet and confer process, the Chief Negotiator received
direction for labor negotiations with Local 501 from the Steering Committee and the Board
of Directors.
The Local 501 meet and confer process was agendized for discussion in Closed Session
at the following Committee/Board meetings:
• February 27, 2019 - Steering Committee and Board Meeting
• March 18, 2019 — Special Steering Committee Meeting
• March 27, 2019 - Steering Committee and Board Meeting
• April 24, 2019 - Steering Committee and Board Meeting
• May 22, 2019 - Steering Committee and Board Meeting
• June 26, 2019 - Steering Committee and Board Meeting
• July 24, 2019 - Steering Committee and Board Meeting
Page 2 of 4
ADDITIONAL INFORMATION
Local 501 is the recognized employee organization certified to provide exclusive
representation over wages, hours of work, and other terms and conditions of employment
for the Sanitation District's 200 non-exempt Operations and Maintenance employees.
The MOU between the Sanitation District and Local 501 expired on June 30, 2019.
Based on Board direction, the Sanitation District issued a counter proposal to Local 501
on July 15, 2019, including three-year contracts with a 3.0% salary increase for each year
of the contract. Local 501 distributed the proposal to their membership for voting and
Local 501's membership ratified the proposals by majority vote on July 24, 2019.
A full redlined version of the Local 501 MOU is attached for review. A summary of the
key changes to the MOU are as follows:
1. Article 1, Recognition: Term of the agreement begins July 1, 2019.
2. Article 2, Duration: Agreement terminates on June 30, 2022.
3. Article 13, Salary Adjustments and Compensation: Salary: Year 1 — 3.0% Salary
Increase, retroactive to the first pay period of July 2019; Year 2 — 3.0% Salary
Increase, effective the first pay period of July 2020; Year 3 —3.0% Salary Increase,
effective the first pay period of July 2021. Development Pay: Associate degree -
$25.00 per pay period; Undergraduate degree - $50.00 per pay period;
Certification/License - $15.24 per pay period per certificate/license with a
maximum of three (3).
4. Article 16, Holidays: language cleanup to reflect that employee election to receive
Holiday Compensatory Time Off is due by December 31Sf of prior year.
5. Article 17, Hours of Work: Employees' cleanup period designated as last fifteen
(15) minutes of shift. Power Plant Operators grouped under Operations for Hours
of Work. Reopener to discuss Power Plant Operator job family and staffing of
Central Generation.
6. Article 19, Standby Pay: Standby Pay increased to five hundred (500) dollars per
week. Side Letter language incorporated regarding standby requirements for
Collections System staff.
7. Article 20, Insurance: Reopener to discuss establishment of Health Retirement
Account (HRA) for all employees.
8. Article 27, Leave-of-Absence With Pay: Bereavement leave shall be used within
six (6) months of death of immediate family member; requests for exceptions may
be submitted to Director of Human Resources for approval. Employee may be
required to furnish evidence of family member's death and/or of familial
relationship.
9. Article 29, Classification Studies: Reopener to discuss Mechanic series pay grade.
10.Article 44, Uniforms: Boot allowance increased from $170 to $200 annually.
11.Article 46, Dues Deductions: Language cleanup to align with current law.
12.Article 47, Agency Shop: Language cleanup to align with current law; article title
changed to "Union Dues".
Page 3 of 4
13.Article 49, Shift Changes: Shift bidding process updated to allow employees to bid
on any shift including their current shift. Employees will be verbally notified of shift
location before accepting shift bid; OCSD may inform employee that their work
location will not be changed.
14.Article 51, Resignation: The District may accept any verbal or written resignation
at any time and deem such resignation irrevocable. Written resignations
automatically deemed irrevocable after 72 hours, except by approval of HR.
15. Article 52, Operator Certification: The District will reimburse Operations and
Maintenance employees for required certifications upon receiving a passing score.
Listed below are articles with proposed housekeeping changes in the tentative agreement
by article number:
Article 16 — Holidays
Article 25 — Retirement
Article 27 — Leave-of-Absence With Pay
Article 28 — Leave-of-Absence Without Pay
FINANCIAL CONSIDERATIONS
The total cost is $4,309,281 over the term of the agreement. Sufficient funds are
incorporated in the Sanitation District's Five-Year Cashflow to support the adjustments
required by this Memorandum of Understanding (MOU).
ATTACHMENT
The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
• Resolution No. OCSD 19-10
• Local 501 MOU (redlined version)
Page 4 of 4
RESOLUTION NO. OCSD 19-10
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT AND THE
INTERNATIONAL UNION OF OPERATING ENGINEERS,
LOCAL 501, FOR FISCAL YEARS 2019/2020, 2020/2021 &
2021/2022
WHEREAS, on October 26, 2016, 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 International Union of Operating Engineers Local 501
(referred hereinafter as "Local 501"), regarding salaries, benefits and terms and conditions of
employment for the period July 1, 2016 through June 30, 2019 ("2016 MOU").
WHEREAS, prior to the expiration of the 2016 MOU on June 30, 2019, Local 501
requested to meet and confer regarding a successor MOU.
WHEREAS, pursuant to Government Code Section 3500, et seq., representatives of
LOCAL 501 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, through negotiations the parties agreed that any salary changes would
take effect retroactively to July 5, 2019, the first pay period in the current fiscal year; and
WHEREAS, the parties have modified the 2019 MOU between the District and Local
501 to reflect the parties' understanding regarding certain terms and conditions, which
include:
• Duration of the MOU has been modified and will be for a 3-year term commencing
July 1, 2019, and terminating June 30, 2022, as reflected in the Cover Page and
Articles 1 and 2 of the MOU.
• Salary Adjustments and Compensation has been modified as set forth below and as
reflected in Article 13 of the MOU:
o Year 1 — 3.0% Salary Increase, retroactive to the first pay period of July 2019.
o Year 2 — 3.0% Salary Increase, effective the first pay period of July 2020.
o Year 3 — 3.0% Salary Increase, effective the first pay period of July 2021.
o Development Pay:
■ Associate Degree: $25.00 per pay period
■ Undergraduate Degree: $50.00 per pay period
■ Certification/License: $15.24 per pay period per certification/license
with a maximum of three (3).
• Holidays has been modified as set forth below and as reflected in Article 16 of the
MOU:
OCSD 19-10-1
o Language cleanup to reflect that employee election to receive Holiday
Compensatory Time Off is due by December 31 st of prior year; housekeeping
changes.
• Hours of Work has been modified as set forth below and as reflected in Article 17 of
the MOU:
o Employees' cleanup period designated as last fifteen (15) minutes of shift.
Language cleanup to reflect that Power Plant Operators are grouped under
Operations for Hours of Work.
o Reopener to discuss Power Plant Operator job family and staffing of Central
Generation.
• Standby Pay has been modified as set forth below and as reflected in Article 19 of the
MOU:
o Standby Pay increased to five hundred (500) dollars per week.
o Side Letter language incorporated regarding standby requirements for
Collections System staff.
• Insurance has been modified as set forth below and as reflected in Article 20 of the
MOU:
o Reopener to discuss establishment of Health Retirement Account (HRA) for
all employees.
• Retirement has been modified as set forth below and as reflected in Article 25 of the
MOU:
o Housekeeping changes to remove outdated language.
• Leave-of-Absence With Pay has been modified as set forth below and as reflected in
Article 27 of the MOU:
o Bereavement leave shall be used within six (6) months of death of immediate
family member; requests for exceptions may be submitted to Director of Human
Resources for approval. Employee may be required to furnish evidence of
family member's death and/or of familial relationship.
o Housekeeping changes.
• Leave-of-Absence Without Pay has been modified as set forth below and as reflected
in Article 28 of the MOU:
o Housekeeping changes.
• Classification Studies has been modified as set forth below and as reflected in Article
29 of the MOU:
o Reopener to discuss Mechanic series pay grade.
• Uniforms has been modified as set forth below and as reflected in Article 44 of the
MOU:
o Boot allowance increased from $170 to $200 annually.
OCSD 19-10-2
• Dues Deductions has been modified as set forth below and as reflected in Article 46
of the MOU:
o Language cleanup to align with current law.
• Agency has been modified as set forth below and as reflected in Article 47 of
the MOU:
o Language cleanup to align with current law; article title changed to "Union
Dues".
• Shift Changes has been modified as set forth below and as reflected in Article 49 of
the MOU:
o Shift bidding process updated to allow employees to bid on any shift including
their current shift. Employees will be verbally notified of shift location before
accepting shift bid; District may inform employee that their work location will
not be changed.
• Resignation has been modified as set forth below and as reflected in Article 51 of the
MOU:
o The District may accept any verbal or written resignation at any time and
deem such resignation irrevocable. Written resignations automatically
deemed irrevocable after 72 hours, except by approval of HR.
• Operator Certification has been modified as set forth below and as reflected in
Article 52 of the MOU:
o The District will reimburse Operations and Maintenance employees for
required certifications upon receiving a passing score.
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 Local 501 for the
contract period of July 1, 2019 through June 30, 2022 as outlined herein are hereby
approved.
Section 2. The General Manager is authorized to sign the Memoranda of
Understanding with Local 501 for the period of July 1, 2019 through June 30, 2022, in a form
approved by General Counsel.
OCSD 19-10-3
PASSED AND ADOPTED at a regular meeting of the Board of Directors held August
28, 2019.
David John Shawver
Board Chairman
ATTEST:
Kelly A. Lore, MMC
Clerk of the Board
OCSD 19-10-4
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District,
do hereby certify that the foregoing Resolution No. OCSD 19-10 was passed and adopted
at a regular meeting of said Board on the 28th day of August 2019, 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 28th day of August 2019.
Kelly A. Lore, MMC
Clerk of the Board of Directors
Orange County Sanitation District
OCSD 19-10-5
i
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
INTERNATIONAL UNION OF OPERATING
ENGINEERS LOCAL 501
FOR THE
OPERATIONS AND MAINTENANCE UNIT
July 1, 20196 through June 30, 202249
8971551.1 OR040-032
TABLE OF CONTENTS
ARTICLE1. RECOGNITION.............................................................................................................................3
ARTICLE2. DURATION...................................................................................................................................3
ARTICLE 3. SUCCESSOR AGREEMENT.......................................................................................................3
ARTICLE 4. LOCAL 501 ACCESS...................................................................................................................3
ARTICLE S. LOCAL 501 RIGHTS....................................................................................................................4
ARTICLE 6. DISTRICT RIGHTS.......................................................................................................................4
ARTICLE 7. NONDISCRIMINATION IN EMPLOYMENT.................................................................................4
ARTICLE 8. SMOKE-FREE WORK ENVIRONMENT......................................................................................5
ARTICLE9. SAFETY........................................................................................................................................5
ARTICLE 10. DISCIPLINE AND DISMISSAL....................................................................................................5
ARTICLE 11. GRIEVANCE PROCEDURE.........................................................................................................6
ARTICLE 12. PROBLEM SOLVING PROCEDURE...........................................................................................8
ARTICLE 13. SALARY ADJUSTMENTS AND COMPENSATION....................................................................8
ARTICLE 14. SEVERENCE PAY..................................................................................................................1010
ARTICLE 15. DEFERRED COMPENSATION..................................................................................................10
ARTICLE 16. HOLIDAYS..................................................................................................................................10
ARTICLE 17. HOURS OF WORK.....................................................................................................................12
ARTICLE 18. CALL-BACK PAY.......................................................................................................................13
ARTICLE 19. STANDBY PAY..........................................................................................................................14
ARTICLE 20. INSURANCE...............................................................................................................................14
ARTICLE 21. REIMBURSEMENT ACCOUNT.................................................................................................16
ARTICLE 22. OVERTIME.................................................................................................................................16
ARTICLE 23. PROBATIONARY PERIOD........................................................................................................17
ARTICLE 24. PROMOTIONS............................................................................................................................17
ARTICLE 25. RETIREMENT.............................................................................................................................17
ARTICLE 26. SHIFT DIFFERENTIAL...............................................................................................................18
ARTICLE 27. LEAVE-OF-ABSENCE WITH PAY............................................................................................18
ARTICLE 28. LEAVE-OF-ABSENCE WITHOUT PAY.....................................................................................22
ARTICLE 29. CLASSIFICATION STUDIES.....................................................................................................25
ARTICLE 30. DRIVER'S LICENSE...................................................................................................................26
ARTICLE 31. LAYOFF PROCEDURE..............................................................................................................26
ARTICLE 32. LIGHT DUTY...............................................................................................................................27
ARTICLE 33. MEDICAL EXAMINATION.........................................................................................................27
ARTICLE 34. MILEAGE ALLOWANCE...........................................................................................................27
ARTICLE 35. ACTING PAY..............................................................................................................................27
ARTICLE 36. PERFORMANCE REVIEWS......................................................................................................28
ARTICLE 37. PERSONNEL FILES...................................................................................................................28
ARTICLE 38. BULLETIN BOARDS..................................................................................................................28
ARTICLE 39. RELEASE TIME FOR MEET AND CONFER SESSIONS.........................................................28
ARTICLE 40. USE OF DISTRICT FACILITIES................................................................................................28
ARTICLE 41. SCOPE OF BARGAINING.........................................................................................................28
ARTICLE 42. IMPASSE PROCEDURES.........................................................................................................29
ARTICLE 43. SEVERABILITY..........................................................................................................................29
ARTICLE 44. UNIFORMS.................................................................................................................................29
ARTICLE 45. SUBSTANCE ABUSE POLICY..................................................................................................30
Local 501 MOU July 1,20196 to June 30,
2022
Page 1
8971551.1 OR040-032
ARTICLE 46. DUES DEDUCTIONS.................................................................................................................30
ARTICLE 47. UNION DUESAGENC�o�,�Y SHOP...................................................................................................30
ARTICLE 48. PEACEFUL RESOLUTION OF DISPUTES...............................................................................32
ARTICLE 49. SHIFT CHANGES.......................................................................................................................32
ARTICLE 50. WORKPLACE VIOLENCE AND WEAPONS POLICY..............................................................34
ARTICLE 51. RESIGNATION...........................................................................................................................34
ARTICLE 52. OPERATOR CERTIFICATION...................................................................................................34
SIGNATUREPAGE..............................................................................................................................................35
EXHIBITA.............................................................................................................................................................34
Local 501 MOU July 1,201%to June 30,
202249
Page 2
8971551.1 OR040-032
i
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 501
FOR THE
OPERATIONS AND MAINTENANCE UNIT
In accordance with the provisions of California Government Code Sections 3500,et seq.,and Resolution No.99-
24 of the Joint Board of Directors,the District's authorized representatives have met and conferred in good faith
with representatives of the International Union of Operating Engineers,Local 501,for the District's Operations
and Maintenance Unit. These meetings have resulted in an agreement and understanding to recommend that
the employees represented by Local 501 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 Local 501 as set forth in this Agreement.
ARTICLE 1. RECOGNITION
1.1.This Agreement is entered into between the Orange County Sanitation District,referred to hereinafter as the
District,and the International Union of Operating Engineers,Local 501,AFL-CIO,referred to hereinafter as
Local 501,as a mutual recommendation to the Board of Directors of the District of those wages,hours of
work,and terms of conditions of employment which are to be in effect at 12:01 a.m.on July 1,20196.
1.2.The District recognizes the International Union of Operating Engineers,Local 501,AFL-CIO,which was
certified on October 10, 1985,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 will be binding on the District and Local 501 when approved and adopted by the District's
Board of Directors. This Agreement will terminate on June 30,20224-9. Any issue regarding the question of
representation shall be brought pursuant to the Employer-Employee Relations Resolution (EERR),
Resolution No.OCSD 99-24.
ARTICLE 3. SUCCESSOR AGREEMENT
3.1.Local 501 will submit in writing its initial proposal for a successor agreement 60 days prior to the expiration
date of this Agreement.
ARTICLE 4. LOCAL 501 ACCESS
4.1.The Local 501 representative will have access to the District's facilities during working hours forthe purpose
of assisting Unit employees in processing grievances or investigating matters arising out of the application
Local 501 MOU July 1,20196 to June 30,
20224-9
Page 3
8971551.1 OR040-032
of provisions of this Agreement. The Local 501 representative must obtain authorization for each visit in
advance from the Director of Human Resources,or designee.
4.2.Local 501 will provide the Director of Human Resources,or designee,with a list of Representatives who are
authorized to request access under this Article, and will notify the Director of Human Resources, or
designee,of any changes in that list.
4.3.Local 501 access will not interfere with District operations,or with the work of employees in any manner.
The District reserves the right to restrict access in certain areas designated confidential or secure.
ARTICLE 5. LOCAL 501 RIGHTS
5.1.Local 501 may designate fourteen (14)employees to act as stewards for employees covered by this
Agreement. Local 501 will furnish the Director of Human Resources, or designee, with the names of
employees selected as stewards and will update the list as necessary. An alternate steward may be
designated to act in the absence of the regular steward. Employees not listed on the roster of stewards
provided to the District by the Local 501 may not act as representatives.
5.2.For purposes of meeting and conferring,Local 501 will be allowed to designate two(2)stewards to attend
(additional stewards may be added by mutual agreement of the parties).An additional employee,who may
or may not be a designated steward,may be invited to attend to provide subject matter knowledge.
5.3.Stewards will not perform non work-related duties on work time without the prior approval of their immediate
supervisor. Neither the District nor the Local 501 will interfere with, intimidate, restrain, coerce or
discriminate against employees because of the exercise or non-exercise of their rights to engage in Local
501 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.
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 Local 501 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 will be no unlawful discrimination in the application of the provisions of this Agreement with regard to
actual or perceived race, color, religion, national origin,ancestry,sex, gender,gender identity, gender
expression,sexual orientation,age,physical or mental disability,medical condition,genetic information,
marital status,or military or veteran status,or any other lawfully protected class. To the extent required by
Local 501 MOU July 1,20196 to June 30,
202249
Page 4
8971551.1 OR040-032
law or by the District's rules or regulations,this provision of the Agreement will be applied to all members of
the Unit without regard to any protected classification.
ARTICLE 8. 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 and the use of tobacco
(cigarettes,cigars,e-cigarettes("vaping"]and related tobacco products and technologies)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. Local 501 will 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 supervisor.An employee will not
be required to perform work that is unsafe.
9.2.The District wiWestablislnhas a Safety Committee that w4includes up to six(6)members of Local 501.�he Commented[DT3]:This was updated since the safety
committee's recommendations are advisory. The committee will meet at least quarterly;however,additional Committee has already been created(housekeeping)
meetings may be scheduled by either Local 501 or the District.
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 pay grade,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
suspension without pay, reduction in pay, 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 will be presumed to
provide actual notice to the affected employee. The Notice of Intent will indicate the date on which it
was personally delivered or deposited in the mail,which will be the date of issuance.
10.5. The Notice of Intent will 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 will also advise the employee of
the right to representation.
10.6. Prior to the effective date of the proposed disciplinary action,the employee will 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
Local 501 MOU July 1,20196 to June 30,
202249
Page 5
8971551.1 OR040-032
will notify the employee in writing of the action that will 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 and Procedures Manual.
10.7. Dismissal will 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 will be the first business day following the final day of the suspension). The Director of
Human Resources,or designee,will 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 will be final.
10.9. Disciplinary actions will be recorded in employee performance reviews. All disciplinary action
documentation,except verbal reprimand documentation,will be maintained in an employee's Personnel
File in the Human Resources Department. Verbal reprimand documentation will be maintained in the
supervisor's employee files. Supervisors shall inform management staff when a verbal reprimand is to
be implemented. If after twenty-four(24)months from implementation,there have been no recurrences
of similar incidents;supervisors shall destroy the verbal reprimand documentation.
10.10. Written reprimands may be removed from an employee's personnel file twenty-four (24) months
subsequent to the date of the issuance if there has been no recurrence of a similar incident during the
period. If management agrees to remove the disciplinary action documentation from an employee's
personnel file, such documentation will 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
District proposed discipline.
10.11. Verbal reprimands and written reprimands may only be reviewed under this Agreement through the
Problem Solving Procedure. Nothing in this Article will be construed as a waiver of any statutory or
constitutional rights.
10.12. A reduction in pay or a 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)will 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 Local 501.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 Local
501,be consolidated for the purposes of this procedure.
11.3. Employees are encouraged prior to bringing forward a formal grievance,to discuss the issue with the
Director of Human Resources,or designee,in an effort to bring about an informal resolution.
Local 501 MOU July 1,20196 to June 30,
202249
Page 6
8971551.1 OR040-032
11.4. An employee may be self-represented or be represented by the Local 501 at all steps of the Grievance
Procedure unless specifically agreed otherwise by the Local 501 and the employee. The District will
provide a copy of all written grievance settlements to the Local 501. Any reference to days in this
Article means business days,Monday through Friday,excluding recognized holidays.
11.4.1. Step 1. An employee will submit his/her complaint in writing to his/her immediate
supervisor,or designee,within ten(10)days of the occurrence of the event giving rise to
the complaint,or within ten(10)days from the time that the employee became aware of
such event. The supervisor,or designee,will attempt to resolve the issues surrounding the
complaint,and respond in writing to the employee within ten(10)days.
11.4.2. 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 ten(10)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:
11.4.2.1. Identify the specific management act to be reviewed;
11.4.2.2. Specify how the employee was adversely affected;
11.4.2.3. List the specific provisions of the MOU that were allegedly violated and state
how they were violated;
11.4.2.4. Specify the remedy requested;and
11.4.2.5. Provide the date of attempts at informal resolution and the name of the
supervisor or individual involved.
11.4.3. The Division Manager,or designee,will respond in writing to the employee within ten(10)
days after the date the grievance is received.
11.4.4. Step 3• If a grievance is not settled under Step 1 or Step 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 Department Director,or designee,will
respond in writing to the employee within ten(10)days after the date the grievance is
received.
11.4.5. 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,will respond in writing to
the employee within ten(10)days after the date the grievance is received.
11.4.6. 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 the grievance is received. The decision of the General
Manager,or designee,is final.
11.5. General Provisions. An employee will be given reasonable time off without loss of pay to present and
process a grievance. If an employee is represented by a Local 501 steward, the employee
representative will be given reasonable time off without loss of pay to perform this responsibility.
Absence from work will be approved only if it does not cause disruption to District operations. However,
if the time requested cannot be provided,an alternate time will be arranged.
Local 501 MOU July 1,20196 to June 30,
202249
Page 7
8971551.1 OR040-032
11.6. Failure of a management representative to respond within the appropriate time limit will provide a basis
for the employee appealing to the next step. If a grievance is not presented or appealed within the time
limits,it will 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. Time limits may also be extended at any step upon mutual agreement of the
parties.
11.7. Resolution may be agreed upon at any stage of the grievance process. However,the Local 501 will 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 means business days.
12.2. Step 1:An employee will submit his/her issue that is not subject to the Grievance Procedure in writing
to his/her supervisor,or designee,within ten(10)days of the occurrence of the event giving rise to the
complaint or within ten(10)days from the time that the employee became aware of such event. The
supervisor,or designee,will review the situation or decision,and provide a written response within five
(5)days from the date they were notified of the problem.
12.3. Step 2:If the problem is not resolved to the employee's satisfaction,a written statement concerning the
problem may be filed with the employee's Division Manager or designee,within ten(10)days of receipt
of the supervisor's decision. The employee raising the issue will be provided a written response from
the Division Manager,or designee,within ten(10)days after their statement is received.
12.4. Step 3:If a problem is not settled under Step 1 or Step 2,it may be presented within ten(10)days to
the Director of Human Resources, or designee,who, at their discretion, may form a Work Issues
Committee, comprised of the employee's Department Director, or designee, another management
representative and two(2)Local 501 representatives. The Work Issues Committee may convene to
cooperatively review and develop recommendations for solution(s)to the problem.The Director of
Human Resources,or designee,may utilize the committee's recommendation(s)to respond in writing to
the employee within fifteen(15)days after the date the problem is received.
12.5. 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. Merit Pay Step System
13.1.1. Each pay grade is divided into five(5)steps,with an approximate 5.0%difference between
each step.
13.1.2. 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.
13.2. Merit Pay
13.2.1. 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:
Local 501 MOU July 1,20196 to June 30,
202249
Page 8
8971551.1 OR040-032
13.2.1.1. 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).
13.2.1.2. 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.
13.2.1.3. Performance Management Program:The performance management program
includes three (3) rating categories (exceeds, proficient, and needs
improvement)for performance appraisals.
13.2.2. 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:
13.2.2.1. Education—Eligible employees who have completed a degree of approved
subjects at an accredited college or university will receive$25.000-.7-6 per pay
period for an associate degree and $500044-13 per pay period for an
undergraduate degree. The maximum amount of Education pay is fixed at
$50.0044 53 per pay period.
13.2.2.2. Certification/License— Eligible employees who obtain a District approved
certification or license will receive$15247-.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$45.7222-.96 per pay period.
13.2.2.2.1. The overall maximum Development Pay for any combination of
education,certification and/or licenses is fixed at$95.726429 per
pay period.
13.2.2.2.2. Grade V Pay — Employees who receive Grade V pay in
accordance with the applicable District policy are ineligible to
receive Development Pay fortheir Grade V California Wastewater
Treatment Plant Operator Certificate. Employees who possess a
Grade V Certificate and do not meet the criteria for Grade V Pay
are eligible for Development Pay in accordance with the
Development Pay Program Guidelines.
13.2.2.2.3. 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.
13.2.2.2.4. 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.
13.3. Salary Range Adjustments
13.3.1. Effective the first pay period in July 20196,employees under this Agreement will receive
salary range adjustments at a flat rate of 3.0%.
Local 501 MOU July 1,20196 to June 30,
202249
Page 9
8971551.1 OR040-032
13.3.2. Effective the first pay period in July 20204-7,employees under this Agreement will receive
salary range adjustments at a flat rate of 3.0%.
13.3.3. Effective the first pay period in July 202148,employees under this Agreement will receive
salary range adjustments at a flat rate of 3.0%.
ARTICLE 14. SEVERENCE 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 will 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 will be entitled to
severance pay in accordance with the formula set forth below:
14.1.1. Full-time,regular employees will 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.
ARTICLE 15. DEFERRED COMPENSATION
15.1. Employees may participate in the District 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. For the purpose of the District's business calendar,the days listed below are observed by the District as
holidays. Employees who are assigned to eight(8),nine(9)or ten(10)hour shifts,Monday through
Friday,will observe the holidays listed in Schedule A. Employees who are assigned to twelve(12)hour
shifts will observe the holidays as listed in Schedule B. Employees shall receive holiday pay if their
entire scheduled work shifts 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
shall be paid at his/her regular rate of pay for the holiday,or receive an equivalent amount of Holiday
Compensatory Time Off if requested by December 31 of the prior year on the Holiday Comp Cashout
Form. Employees shall also receive premium pay at the rate of one and one half(1.5)times their
regular hourly rate for all hours actually worked.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).
SCHEDULE A
HOLIDAY 20202047 20212M 20222049
January January December
New Year's Day 1 1 31
February February February
Lincoln's Birthday 12 12 11
February February February
President's Day 17 15 21
Memorial Day May 2 May 31 May 30
Local 501 MOU July 1,20196 to June 30,
202249
Page 10
8971551.1 OR040-032
SCHEDULE A
HOLIDAY 20202W 20212049 20222849
Independence Day July 3 Jul Jul 4
September September September
Labor Day 7 6 5
November November November
Veteran's Day 11NevembeF40 11NGV6Mb&•" 11NevembeF44
November November November
Thanksgiving Day 26ni....o.,00�, r fibe_e 23 25n oyernbo.Q 24n oyem.e,28
November November November
Day after Thanksgiving 27NInve.o."„bPr� 24 26NInvernber 93 25^'o e�� 29
December December December
Day before Christmas I 24DesembeF-2-S I 23&9^ °AOA 23^---- er ^
December December December
Christmas 259esember26 24Desember- 5 269esembeF25
Floating Holiday See 16.2 See 16.2 See 16.2
SCHEDULE B
HOLIDAY 2020294Z 202124U 20222VW
January January January
New Year's Da 1 1 1
February February February
Lincoln's Birthda 12 12 12
February February February
President's Da 17 15 21
Memorial Day May 2 May 31 May 30
Inde endence Day July 4july 4 Jul July 4
September September September
Labor Day 7 6 5
November November November
Veteran's Day 11Nevember--U 11Nevembef--4 11Neveff eF
November November November
Thanksgiving Day 26NevembeF2-3 25NaY *^ °9^ " 24Nevember-28
November November November
Day after Thanksgiving 27Wavember�� 24 26^'^�,.o.�mw,-�^ 2 25^'o ef�� 29
December December December
Day before Christmas 24^^^ b^ '^^ '^ 24^^^ b^ '^ 24 •'^
December December December
Christmas 25DesembeF25 25DesembeF25 259esember-24
Floating Holiday See 16.2 See 16.2 See 16.2
16.2. Floating Holiday: Employees may elect one(1)day during each year as a"Floating Holiday". New
employees shall be granted a"Floating Holiday"on a pro-rata basis in the first calendar year of service
per the following table:
Hire Date Percent
1st Quarter(January-March) 100%
2nd Quarter(April-June) 75%
3rd Quarter(July-September) 50%
40'Quarter(October-December) 0%
Local 501 MOU July 1,20196 to June 30,
202249
Page 11
8971551.1 OR040-032
16.3. Employees must use the"Floating Holiday"within the calendar 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.
ARTICLE 17. HOURS OF WORK
17.1. For record keeping and accounting purposes,the"workweek"for full-time employees is forty(40)hours
per 168-hour period,to be paid on a biweekly payroll basis of eighty(80)hours worked. Employee work
periods maybe scheduled in shifts of four 9-hour days and one 4-hour day each workweek(9/80),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 employees'workweeks
may vary but will be subject to a bid agreement based on seniority.The regular hours of work for each
shift will be consecutive and will be posted. Current practices regarding hours of work for Maintenance
personnel and meals for Operations personnel will continue. The regular hours of work for each shift
will be consecutive,divided only by normal breaks or rest periods. Work schedule and shift start and
stop times will not be adjusted to avoid payment of overtime.
17.2. The District may,in accordance with Article 6—District Rights,change an employee's work schedule
and/or work location with a thirty(30)day written notice to the affected employee. The change will not
be made as a disciplinary action or to avoid payment of overtime. The thirty(30)day written notice will
not apply to shift changes pursuant to Article 49.
17.3. E^R^'^Y^86•^"b^allnW^C'^The last fifteen(15)minutes of an Employee's work shift will be designated
as their cleanup period. i^ 1 11 ^^.^f^;;Gh wArk shift If the employee's work shift is extended,the
fifteen(15)minute cleanup period shall occur at the end of the extended period. Employees may not
avoid the cleanup period and end their shift before its scheduled ending time.
17.4. Employees will receive paid rest periods not to exceed ten(10)minutes no more than twice in an eight
(8),nine(9)or ten(10)hour shift or three(3)times for a shift of more than ten(10)hours. Each shift
will contain a minimum thirty(30)minute meal period for every six(6)hours of work. 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 his/her hours had been
changed,he/she will receive two(2)hours pay at the overtime rate.
17.5. Operations
17.5.1. For purposes of this Article,the day shift is defined as an assigned work shift of at least
seven(7)consecutive hours,between 0600 hours and 1800 hours. The night shift is defined
as an assigned work shift of at least seven(7)consecutive hours,between 1800 and 0600
hours.
17.5.2. Any employee who declares that an individual hardship exists should submit a request,to be
excluded from the twelve(12)hour workweek,to the Human Resources Department. Human
Resources will determine if there is a valid employee hardship,on a case by case basis,and
notify the Local 501 representative of the decision.
17.5.3. For the purposes of this Article,Cen-Gen Operators are included in this unit.
75.2.17.5.4. Reopener: The District and the Group agree to reopen this Agreement to discuss
the pPower Palant Oeperator mob family and District proposals regarding Article 17.
17.6. Maintenance
17.6.1. Maintenance: Except where otherwise provided below,the official workweek for full-time
represented personnel in Maintenance will be forty(40)hours per week. The workweek will
consist of a four(4)consecutive day work schedule with ten(10)consecutive daily hours in a
workday with a one-half('/z)hour unpaid lunch.
Local 501 MOU July 1,20196 to June 30,
202249
Page 12
8971551.1 OR040-032
17.6.2. The workday will be 6:00 a.m.to 4:30 p.m. The workweek will begin on a Monday or a
Tuesday and end on the corresponding Thursday or Friday. All hours greater than 40-hours
in an individual's assigned workweek will be considered overtime and paid at one and one-
half(1.5)times the regular rate of pay.
17.6.3. Any employee who declares that an individual hardship exists should submit a request,to be
excluded from the 4/10 workweek,to the Human Resources Department. Human Resources
will determine if there is a valid employee hardship,on a case-by-case basis,and notify the
Local 501 representative of the decision.
....... ___ --neratin- For purposes of this Article,the day shift is defined as an assigned W rkshift
of at least seven(7)n n„+i..e hers he+...een 0600 and 1800 hors The n nh+shif+is
0600 heuFs.
6.5. ARY empleyee whe G18GIaFw;thatan individual hardship exists sheuld submit a Fequest te be
• ..nludt-+ Frew. the twelve (12) hour shift to Human Rese„rnes Human Rese„rnes ...ill
dt-tormonp 0fthF-rP is a valid empleyee hardship,GR a Gase by Gage basis,and RGtify the IeGal
7n-ro-o.6.17.6.4. Disputes over days off will be handled on the basis of seniority except when the
District can demonstrate a business necessity.
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/her normal work shift and left the work station;when prior notice is given
but the work begins on the same day at least three(3)hours after completion of the regular shift;or
when an employee assigned to standby is actually called to work,the employee will receive a minimum
of three(3)hours of call back pay. The three(3)hour minimum,whether or not actually worked,will be
paid at the rate of one and one half(1.5)times the regular hourly rate.
18.2. The call back period shall begin when the standby employee has been informed by the District to return
to work. The call back period shall end when either the employee arrives at his or her residence or the
original destination;in either case,the employee must inform the District upon arrival.
18.3. If the call back period has ended and the employee is called back to work(whether within or outside of
the 3-hour minimum timeframe),a new call back period will be started and the employee will be eligible
for at least the 3-hour minimum call back pay.
18.4. If the call back period has not ended and the employee is called back to work(whether within or outside
of the 3-hour minimum timeframe), the call back period and associated pay will continue but the
employee will not be eligible for another 3-hour minimum call back pay.
18.5. Call back pay is applied per call back and not per work assignment or work order.
18.6. Call back work performed by employees on standby assignments is intended for activities that are
imperative and not routine in nature,as determined by the applicable on-duty Operations Supervisor or
designee.
18.6.1. In some instances, if call back work can be postponed for several hours,the Operations
Supervisor or designee will do so as a courtesy to the employee and to allow for the work to
be performed during daylight or day shift. For instance,a breakdown occurs at 3:00 a.m.but
work can be postponed a few hours so the standby employee can be called in at 6:00 a.m.
Local 501 MOU July 1,20196 to June 30,
202249
Page 13
8971551.1 OR040-032
ARTICLE 19. STANDBY PAY
19.1. Treatment Plant: Standby is time during which an employee is not required to beat the work location or
at the employee's residence but is required to be available for immediate return to work. Each plant
maintenance craft may create a standby list of a minimum of three(3)employees. Standby lists shall
first be populated by volunteers. If,after allowing for volunteers,the standby list still does not meet the
three(3)employee minimum,OCSD shall populate the remaining vacant slots of the standby list by
means of reverse seniority within the division. Employees who volunteer or are mandated to be on the
standby list shall be competent,experienced,journey level employees. Employees who are on their
initial probation shall not be eligible for standby.
19.1.1. Each craft may create additional standby lists if anticipated work requires a specific skill set
that may not be readily available on the existing standby list. If additional standby lists are
required,affected employees will be notified.
19.2. Collections System: 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.The
standby list for the Collections division will contain a minimum of six(6)employees;three(3)employees
for primary standby and three(3)employees for secondary standby. The standby list shall first be
populated by volunteers. If,after allowing for volunteers,the standby list still does not meet the six(6)
employee minimum,OCSD shall populate the remaining vacant slots of the standby list by means of
reverse seniority within the division. Employees who volunteer or are mandated to be on the standby
list shall be competent and experienced,having one of the following:
a. at least 18 months of experience within the Collection Division,and be at a Mechanic iob
classification level:or
b. at least four years of experience
within the Collections Division.
19�2.19.2.1. Employees who are on their initial probation shall not be eligible for standby.
49�19.3. Employees shall not complete more than two(2)consecutive weeks of standby without a seven(7)
day break between standby assignments.
49�19.4. Employees on standby will be compensated at the rate of$5400 per week.
19-.3.1.19.4.1. Employees whose standby assignment include an OCSD recognized Holiday will
be compensated with two(2)hours of straight time pay._ Commented[NA2]:Added Side Letter language
ARTICLE 20. INSURANCE
20.1. The District will provide healthcare and welfare insurance benefits.
20.2. All insurance coverage will become effective on the first day of the month following date of hire,
regardless of hire date. An open enrollment period will be held annually.
20.3. Medical Insurance
20.3.1. The District will provide medical health insurance coverage through a Health Maintenance
Organization (HMO) medical insurance plan, a Preferred Provider Organization (PPO)
medical insurance plan,and a High Deductible Health Plan(HDHP).
20.4. Regular,full-time employees:
Local 501 MOU July 1,20196 to June 30,
202249
Page 14
8971551.1 OR040-032
20.4.1. The District will contribute 90%of employee only premiums for the HMO medical health plans
and 80% of employee only premiums for the PPO medical health plan. The District will
contribute 80%for employee+1 dependent and full family premiums for the HMO or PPO
medical plans. Any change in insurance rates will 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.
20.4.2. The HDHP will be accompanied by a Health Savings Account (HSA)to pay for qualified
medical expenses.OCSD will use a portion of the cost savings in premiums to fund the HSA
accounts during active employment only.The HSA will be funded with the savings generated
annually by calculating the difference between the District's share of the PPO and HDHP
premiums.Exact HSA account funding will be calculated annually,prior to open enrollment,in
an amount up to the difference in deductibles, not to exceed the District's aforementioned
annual premium cost savings.
20.4.3. The District may reopen negotiations at any time during the term of the MOU to address the
impact of the Affordable Care Act(ACA),provided that no change may be made by the District
unless such change is either(1)mandated by the ACA or,(2)mutually agreed upon by the
parties.
20.5. Group Insurance Premiums
20.5.1. Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis.
20.6. Life Insurance
20.6.1. The District will pay the full premium for$50,000 term life insurance on each employee.
20.7. Short Term Disability
20.7.1. The District will 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.
20.8. Long Term Disability
20.8.1. The District will 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.
20.8.2. 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.
20.8.3. No combination of disability or sick leave pay will 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.
20.9. Dental Insurance
20.9.1. The District will contribute 80%of employee only and 80%of full family premiums for dental
insurance.
Local 501 MOU July 1,20196 to June 30,
202249
Page 15
8971551.1 OR040-032
20.10. Vision Insurance
20.10.1. The District will provide a vision insurance plan for regular,full-time employees and eligible
dependents.
20.11. Retiring Employees
20.11.1. The District will 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.
20.11.2. In the event the District adds additional optional insurance plans,the District's share of the
premium will 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 will be
the same as for existing insurance plans as set forth above.
20.11.3. The District will continue to implement the retiree medical health premium offset program
wherein the cost of health premiums are offset by ten dollars($10)per month for every Lull ear _- Commented[ss3]:Deric-we did not discuss this at the
of continuous service up to a maximum of 25 years or two hundred fifty dollars($250)per table,but we have updated this language(house keeping)to
month. align with OCSD's current practice.Are you OK with this
update?
20.12. Health Retirement Account(HRA)Reopener: The District and the Group agree to reopen this
Agreementto discuss HRA plan design and funding mechanism options,including District and/or employee
funding,understanding the District is not making any commitment to District funding.
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. Medical Care Reimbursement Account
21.2.1. 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/herself for payment of health care costs not otherwise covered by his/her
medical insurance.
21.3. Dependent Care Assistance Account
21.3.1. 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/herself for childcare expenses or day care for a disabled dependent.
ARTICLE 22. OVERTIME
22.1. Employees will 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 will attempt to evenly distribute
overtime among employees based upon an employee's ability to perform the overtime work. For
the purposes of overtime calculation,all time charged to unscheduled leave will not be counted as
time worked. Pay for overtime will not occur until after work time(which includes scheduled leave)
of forty(40)hours in a seven(7)day workweek is reached.
Local 501 MOU July 1,20196 to June 30,
202249
Page 16
8971551.1 OR040-032
ARTICLE 23. PROBATIONARY PERIOD
23.1. All new employees and employees who are reassigned or laterally transferred serve an initial
probationary period beginning with the date of hire,reassignment or transfer and extending to at
least the first day of the pay period following six months 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 employee's capability to meet performance
expectations for a position,and thus the time spent on such leaves will not be included towards
completion of the probationary period and may result in an extension.
23.2. All new employees who are hired in apprenticeship and/or trainee positions shall serve an initial
probationary period beginning with the date of hire and extending to at least the first day of the pay
period following the complete period of training for the position,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 employee's capability to meet performance
expectations for a position,and thus the time spent on such leaves will not be included towards
completion of the probationary period and may result in an extension.
23.3. 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/her
Probationary Period at the discretion of the District without recourse to the Grievance Procedure.
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 will be filled as an open or promotional
opportunity or recruitment. Whenever the District intends to fill a position by promotion,the District
will post the opportunity for a minimum of ten(10)business days. Employees must apply during the
period of posting. Notices will be posted on the District's intranet.
24.2. A promoted employee will serve a promotional probationary period lasting at least until the first day
of the pay period six months after the effective date of the promotion. At any time during the
promotional probationary period,an employee may be returned to his/her previous position. If the
employee does not pass the probationary period,the District shall return the employee to his or her
previous position or an equivalent 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/her initial probationary period,the period will be extended until
at least the first day of the pay period six months after the effective date of the promotion.
24.3. Promoted employees will receive the equivalent of a one(1)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 will 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.
Local 501 MOU July 1,20196 to June 30,
202249
Page 17
8971551.1 OR040-032
4.514 toward the empleyee'GGORtFil
fn.+hncn nm nln..nnc...hn nlnnTnr+4n mnLn n e limn rinn'c' n 4n n+hn Dlon
m,
25.1.2. Employees hired on or after September 21, 1979 and before July 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 towards
the employee's contributions to OCERS.
25.1.3. Employees hired on or after July 1,2011 and before January 1,2013:The Districtwill 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 contributions 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.
25.1.5. All monies actually contributed into the retirement system by an employee will be deducted
from gross salary for taxation purposes in accordance with Internal Revenue Code provisions.
ARTICLE 26. SHIFT DIFFERENTIAL
26.1. Employees who are assigned to work a night shift that consists of fifty percent(50%)or more of the
hours between 6:00 p.m.and 6:00 a.m.and who actually work that shift will receive a shift
differential of$3.00 per hour.
ARTICLE 27. LEAVE-OF-ABSENCE WITH PAY
27.1. Personal Leave
27.1.1. Personal leave is provided to allow employees time off with pay for vacation,personal business
and illness or injury. Personal leave is accrued by full-time employees for all paid hours,
including hours actually worked and hours in a paid-leave payroll status,on a biweekly basis as
follows:
Years of Service Hours- Hours-
Biweekly Annual
In years 0 through 1 3.08 80-
In years 2 through 4 5.38 140
In years 5 through 10 6.92 180
In year 11 7.23 188
In year 12 7.54 196
In year 13 7.85 204
In year 14 8.15 212
In year 15 8.46 220
In year 16 8.69 226
In year 17 8.92 232
In year 18 9.15 238
Local 501 MOU July 1,20196 to June 30,
202249
Page 18
8971551.1 OR040-032
Years of Service Hours- Hours-
Biweekly Annual
In year 19 9.38 244
In year 20 and over 9.62 250
27.1.2. When unpaid absences occur,personal 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.
27.2. Scheduled Time Off
27.2.1. Management will make reasonable effort,considering the operational needs of the District,to
accommodate all employee requests for time off. Scheduled time off should normally be
requested at least two(2)weeks in advance to increase the likelihood of those dates being
approved.
27.2.2. Employees with at least one(1)year's service must request and take at least forty(40)hours
off each year.
27.2.3. Supervisor absences will not affect an employee's ability to schedule time off unless the time
off request is submitted within two(2)weeks of the date requested.
27.2.4. Requests for time off that are submitted beyond six(6)months shall not be approved unless
the request is for at least one(1)week induration. These requests shall be approved based on
seniority. Requests for time off that are less than one(1)week induration must be submitted
within six(6)months of the date requested. Time off requests that are submitted within six(6)
months shall be approved on a first-come,first-serve basis based on staffing requirements.
Excessive single or partial day requests for time off may be cause for denial ifthe absence(s)is
found to negatively impact the effectiveness of work teams,scheduling of work,training,and
the ability to take multiple days off by other staff.
27.2.5. Full-day time off requests with less than twenty-three(23)hours'notice shall be considered
unscheduled. All other time off requests, including partial day time off requests, must be
requested in accordance with the provisions of this Article and may be considered scheduled at
management's discretion based on business needs.
27.3. Unscheduled Time Off
27.3.1. Personal leave provides income protection to an employee unable to work due to illness,injury
or pregnancy,caring for an ill or injured member of his/her immediate family or other personal
emergency. Unscheduled time off must be accounted for by completion of an Unscheduled
Time Off Report upon the employee's return to work. It is the responsibility of District's
management to control the potential abuse of unscheduled time off privileges. Tardiness less
than fifteen (15) minutes will not be deducted from the employees pay, but numerous
occurrences will be addressed through the progressive discipline procedures.Employees who
are more than fifteen(15)minutes tardy to work must use accrued time off to offset the time
away from work. Tardiness of more than fifteen(15)minutes may be considered unscheduled
time off based on excessive occurrences.
27.3.2. Employees must notify their supervisor prior to the start time oftheir shift when they are unable
to report to work.Any absence that is requested within twenty-three(23)hours of the start of an
employee's work schedule,excluding protected leaves of absence and bereavement leave,
shall be considered unscheduled time off.
27.3.3. An employee's attendance record will be reviewed with an employee after five(5)separate
occurrences of unscheduled time off to provide an opportunity to assess problems that could
potentially lead to disciplinary action. The accumulation of the sixth and seventh occurrence
within a twelve(12)month period will result in a verbal warning. The eighth occurrence will
Local 501 MOU July 1,20196 to June 30,
202249
Page 19
8971551.1 OR040-032
result in a written warning. Employees who are charged with ten occurrences of unscheduled
time off within a calendar twelve(12)month period will be subject to termination.A rolling(12)
month calendar period will be utilized to measure absence occurrences.A"rolling"twelve(12)
month calendar period is measured backward from the date the employee uses the leave.
Absences of multiple consecutive days involving the same injury or illness will be considered a
single occurrence.The District also has the right to discipline employees on the basis of total
absences away from work.
27.3.4. Employees returning from an extended leave should notify their supervisor as soon as possible
to facilitate personnel scheduling.
27.3.5. 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 unscheduled
absences of ten(10)consecutive 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.
For absences of one(1)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.
27.4. Personal Leave and Workers'Compensation Leave
27.4.1. Employees who are injured in the course of their employment are placed on Workers'
Compensation Leave,and receive wage loss benefits to which they are entitled under the
Workers'Compensation Act. Employees may request to receive prorated Personal Leave pay
to supplement their Workers'Compensation payments in an amount such that the sum of both
is equal to the employee's regular base pay.
27.5. Personal Leave Payoff
27.5.1. Employees who terminate,retire or decease will be paid in full at their current rate of pay for all
Personal Leave hours accrued.
27.6. Maximum Accrual
27.6.1. Employees may have a maximum accumulation of four hundred forty(440)hours of personal
leave as of the last day of the final pay period in December of each year. In the event an
employee accrues personal leave in excess of four hundred forty(440)hours,it must be used
prior to said December date. All other remaining hours in excess of four hundred forty(440)
will be paid to the employee in the first pay period in January at the employee's then current
hourly rate of compensation.
27.7. Sick Leave Bank
27.7.1. Employees who elected to bank sick leave accrued prior to the implementation of Personal
Leave provisions may elect to use such time off for absence due to a bona fide illness,injury or
pregnancy;to attend to the illness or injury of an immediate family member;or,for an employee
who is a victim of domestic violence,sexual assault,or stalking,for the purposes described in
Labor Code sections 230(c)and 230.1(a). Employees who retire or decease will be paid at the
fifty percent(50%)rate for all banked sick leave hours;an employee who terminates will be
compensated for banked sick leave as follows:
Banked Sick Leave Rate of Payoff
Hours
0—100 0 percent
101—240 25 percent
241—560 35 percent
Over 560 50 percent
Local 501 MOU July 1,20196 to June 30,
202249
Page 20
8971551.1 OR040-032
27.7.2. If the need for leave is due to the employee's own serious health condition,as defined in the
Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA), the
certification requirement will comply with the provisions of these Acts.
27.8. Jury Duty Leave
27.8.1. Any full-time employee,including probationary,who is called forjury duty shall be entitled to his
or her regular pay for those hours of absence due to performance of jury duty for a period up to
twenty-two(22)working days.
27.8.2. Prior tojury 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.
27.8.3. Employees who work other than the day shift who are called forjury duty will be considered on
day shift for the duration of their jury service for purposes of this provision. If a portion of that
shift should fall on a weekend or other day the employee is not required to be present in court,
the employee will be expected to work.
27.8.4. A copy of the jury notice must be provided to the employee's supervisor. Employees must
report forwork during their regularly scheduled work shift when they are relieved from jury duty,
unless there is less than one-half('/z)of their regular shift remaining.
27.9. Witness Leave
27.9.1. 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/her presence as a witness,except in a matterwherein
he/she is named as a defendant or plaintiff or as an expert witness,will,upon approval of an
online time off request, be entitled to 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.
27.9.2. An employee so subpoenaed must submit a copy of the subpoena to his/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(1)hour or more prior to and/or
upon completion of each day's service,exclusive of travel time.
27.10. Military Leave
27.10.1. A request for military leave will be made upon leave-of-absence forms approved by the
Human Resources Department and will 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
will be submitted with the request.
27.10.2. Provisions of the Military and Veterans Code of the State of California,Sections 395-395.5
will 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.
27.11. Bereavement Leave
Local 501 MOU July 1,20196 to June 30,
202249
Page 21
8971551.1 OR040-032
27.11.1. Any full-time employee,whether probationary or regular,will receive a maximum of thirty-
six (36) hours of paid time for the death or funeral of an immediate family member.
Bereavement leave shall be used within six(6)months of the death of the 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,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 memberwith
whom the employee resides. Employees may be required to furnish evidence satisfactory to
the District of the family member's death and the employee's relationship to the deceased
family member. Employees may submit requests for bereavement leave after the six (6)
months to the Director of Human Resources or designee,who has the discretion to grant or
deny such requests. Any denial of a request for the use of bereavement leave after the
designated six(6)months is not grievable or otherwise subject to appeal.
ARTICLE 28. LEAVE-OF-ABSENCE WITHOUT PAY
28.1. It is the policy of the District to grant employees leaves-of-absence without pay under certain
circumstances and in accordance with state and federal benefit entitlement laws. Except as stated
below,employees will 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 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.
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 will 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. Personal leave 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 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, registered
domestic partner,biological child,adopted child,step-child,foster child,legal ward,
child of a domestic partner,grandchild,grandparent,foster parent,legal guardian,or
Local 501 MOU July 1,20196 to June 30,
202249
Page 22
8971551.1 OR040-032
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 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 will run concurrently with FMLA Leave.
28.4.2.2. CFRA Leave 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.
28.5. General Provisions
28.5.1. Requests for FMLA and CFRA Leave
28.5.1.1. Where the need for Leave is foreseeable, the District requests thirty (30) days
advance notice.
28.5.2. Medical Certification
28.5.2.1. 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 the Department of Labor(DOL)regulations.
28.5.3. Medical and Dental Premiums
28.5.3.1. During FMLA and CFRA Leave,the District will 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 will be required to pay his or her share of medical and dental
premiums.Failure to submit a monthly co-payment,in full,within forty-five(45)days
of the invoice date will result in loss of group coverage.Coverage will be reinstated
upon return to active employment.
28.5.4. Reinstatement
28.5.4.1. Upon expiration of FMLA or CFRA Leave,the employee will 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.,lay-off),in which
case the District's obligation to continue health and dental or other benefits will
cease.
Local 501 MOU July 1,20196 to June 30,
202249
Page 23
8971551.1 OR040-032
28.5.5. District Employment of Spouses/Domestic Partners
28.5.5.1. FMLA Leave.Married employees will 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.
28.5.5.2. 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.
28.5.6. General Leave
28.5.6.1. 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.
28.5.6.2. 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.
28.5.6.3. Failure to submit a monthly co-payment, in full,within forty-five(45)days of the
invoice date will result in loss of group coverage.Coverage will be reinstated upon
return to active employment.
28.5.7. Return to Work Policy
28.5.7.1. An employee who has been absent from work due to a medical reason may be
subject to a Return-to-Work medical evaluation.
28.5.7.2. 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,will be
considered. The employee will be re-classified as medically disqualified while
alternative positions are being considered. Such time off will 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.
28.5.7.3. 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 will be re-classified as medically disqualified and not permitted to work.
Thereafter,the employee will 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.
28.5.8. Bridge of Service
28.5.8.1. If an employee is dismissed per Section 28.5.7.3 and then is rehired to a position
within the District within one(1)year,the District will 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.
28.5.9. Failure to Return to Work
Local 501 MOU July 1,20196 to June 30,
202249
Page 24
8971551.1 OR040-032
28.5.9.1. 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 will be considered to have
automatically resigned from his/her position. In such cases, the employee will
receive advance notification of the District's intent to implement an automatic
resignation.
28.5.10. Compliance with Law
28.5.10.1.These leave-of-absence provisions will 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 will govern.
ARTICLE 29. CLASSIFICATION STUDIES
29.1. 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 1st 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.
29.1.1. 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
will be implemented in the first pay period immediately following the completion of the study
unless the recommendations require action by the Board of Directors prior to implementation.
In such event,the recommendations will be implemented in the first pay period immediately
following authorization by the Board.
29.2. Y-Rating
29.2.1. 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 will remain unchanged.
29.2.2. Y-rating will be granted for all reclassifications where employees are working in a job
classification with a lower maximum rate of pay.
29.2.3. The Y-rate will remain in effect until the salary range for the new classification equals or
exceeds the employee's Y-rated salary. Employees become eligible for merit increases and
range adjustments when the Y-rate is no longer in effect.
29.2.4. Career Change— Operator-in-Training: Y-rating will occur when an existing employee is
selected as a candidate for an Operator-in-Training classification when the employee's hourly
rate is higher than the applicable hourly rate for the Operator-in-Training classification. The Y-
rating shall begin with the effective date of the new classification and continue for eighteen(18)
months. The employee must obtain a Grade I Plant Operator certificate within this eighteen
(18)month period. The employee will serve a probationary period for the first" six U6
months bf this eighteen(18)month period. If the employee does not obtain a Grade I Plant Commented[ss4]:updated to align with current
Operator certificate or does not pass probation,the employee will be returned to his/her prior probationary period length of six months(housekeeping)
position or an equivalent position.
29.2.5. Career Change—Power Plant Operator I:Y-rating will occur when an existing employee is
selected as a candidate for a Power Plant Operator I classification when the employee's hourly
Local 501 MOU July 1,20196 to June 30,
202249
Page 25
8971551.1 OR040-032
rate is higher than the applicable hourly rate for the Power Plant Operator I classification. The
Y-rating shall begin with the effective date of the new classification and continue for twenty-four
(24) months. The employee will serve a probationary period for the first kwelve-six(426)L...- Commented[BS5]:Updated to align with current
months of this twenty-four(24)month period. If the employee does not pass probation,the probationary period length of six months(housekeeping)
employee will be returned to his/her prior position or an equivalent position.
29.3. Classification Adjustment Reovener: The District and the Group agree to reopen this Agreement to
discuss the salary range for the Mechanic series and if it should be adjusted consistent with the salary
range for Instrumentation/Electrical Technician I and ll.
ARTICLE 30. DRIVER'S LICENSE
30.1. Employees who are required by the District to drive must notify their supervisor and the 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 thus unable to perform his/her regular
duties and responsibilities notifies the District in a timely fashion,an attempt will be made to place
the employee in an equal or lower level position for which he/she is qualified. Placement in the
range of the new classification is subject to District's management 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 will 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. If,in the sole discretion of District's management,personnel reductions are necessary,layoff order
and recall lists will be developed based upon job classification,priority of function,job performance,
individual qualifications and seniority. The Local 501 and employees subject to lay off will be
provided with at least two(2)weeks notification in writing whenever possible.
31.3. Employees in classifications subject to layoff may request a voluntary demotion to any previously
held position for which they remain qualified. Such request 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 will be unchanged,except that it may not exceed the top of the
range for the lower level classification.
31.4. Recall lists will be developed for all classifications experiencing personnel reductions,and will be
maintained for a period of two(2)years from the date of layoff. Individuals will 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 will be made to the
individual on the top of the list. That individual must respond to the offer within five(5)days,or the
offer will be made to the next person on the list. An individual who either does not respond or
refuses three(3)consecutive offers will have his/her name removed from the list.
31.5. 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.
Local 501 MOU July 1,20196 to June 30,
202249
Page 26
8971551.1 OR040-032
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 his/her 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 will be conducted on District's time and at District's
expense. An employee may submit an independent medical opinion regarding his/her condition and
addressing his/her ability to competently perform the duties of the position. This information will 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 will be reimbursed at the current IRS rate.
ARTICLE 35. ACTING PAY
35.1. Employees who are assigned by District's management to perform the duties of a budgeted position
at a higher level for a period of at least forty(40)consecutive hours in a pay period will be eligible
for a one(1)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 hour forty-one(41)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 pre-approval of the employee's Department Director and the Director of Human Resources,or
designee(s). The forty(40)hour eligibility period may be waived at the discretion of the General
Manager.
35.2. Substitution Pay
35.2.1. Employees in the Operations and Maintenance Departments who are assigned by District's
management to perform the duties of an absent Supervisor shall be eligible for Substitution Pay
which shall begin with the first hour of assignment.
35.3. Operations
35.3.1. If a Lead Plant Operator or Senior Plant Operator is assigned to perform the work of an
Operations Supervisor because of the absence of the regularly assigned Operations Supervisor
and the unavailability of an alternate Operations Supervisor for an entire shift,the Lead Plant
Operator or Senior Plant Operator will be paid equal to a one(1)step salary increase or the
first step of the Operations Supervisor pay range,whichever is greater.
35.4. Maintenance
35.4.1. If an employee in any of the "Lead" classifications is assigned to perform the work of a
Maintenance Supervisor because of the absence of the regularly assigned Maintenance
Supervisor and the unavailability of an alternate Maintenance Supervisorfor a period of at least
Local 501 MOU July 1,20196 to June 30,
202249
Page 27
8971551.1 OR040-032
two(2)weeks,the"Lead"worker will be paid equal to a one step salary increase or the first
step of the Maintenance Supervisor pay range,whichever is greater.
ARTICLE 36. PERFORMANCE REVIEWS
(This Article intentionally left blank.Information related to performance reviews is included in Article 13.)
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/her file current,including home address,telephone
number and person to contact in an emergency.
ARTICLE 38. BULLETIN BOARDS
38.1. The Local 501 may use the bulletin boards located at Plant 1 (10844 Ellis Avenue,Fountain Valley,
CA 92708)and Plant 2(22212 Brookhurst Street,Huntington Beach,CA 92646)which are
designated for use by employee groups to post notices to the District employees provided that: (a)
no controversial matter which is critical or derogatory of the District,its employees,officers or
Directors may be posted;(b)nothing posted by the District may be removed;(c)the Local 501 will
remove its notices after a reasonable length of time;and(d)only a reasonable number of notices
will be posted.
ARTICLE 39. RELEASE TIME FOR MEET AND CONFER SESSIONS
39.1. A maximum of six(6)employees covered by this Agreement and appointed by the Local 501 will be
granted reasonable release time for attending meet and confer sessions at the bargaining table.
Release time will not be compensated for any hours that exceed the employee's regularly
scheduled hours of work.
39.2. The Local 501 will 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 process.
Release time will be limited exclusively to the six(6)employees. The release time will be granted
provided that the needs of the District permit the time away from assigned work.
ARTICLE 40. USE OF DISTRICT FACILITIES
40.1. District facilities may be used by the Local 501 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 Local 501 agrees to pay for the cost of any additional
custodial or security services.
ARTICLE 41. SCOPE OF BARGAINING
41.1. The District and Local 501 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 Local
Local 501 MOU July 1,20196 to June 30,
20224-9
Page 28
8971551.1 OR040-032
501,for the term of this Agreement,except as otherwise provided herein,each voluntarily and
unqualifiedly waive the right,and each agrees that the other will 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 Local 501 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 will 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 memoranda of
understanding,and
42.3. If the impasse is not resolved,to discuss the immediate utilization of impasse procedures outlined
herein.
42.4. Impasse procedures are:
42.4.1. Mediation: If the parties mutually agree to submit the dispute to the State Mediation and
Conciliation Service all mediation proceedings will be private and as soon as practicable. The
mediator will make no public recommendation, nor take any public position at any time
concerning the issues.
42.4.2. Fact-Finding: Whether the parties submit the dispute to mediation or not, Local 501 may
request that the parties'differences be submitted to a factfinding panel as soon as practicable.
The cost of a fact finder and other mutually incurred costs will be mutually shared by the District
and Local 501.
42.4.3. Board Actions: If the parties fail to resolve the impasse,the dispute will be sent to the District's
Board of Directors for resolution. Each party will submit its written proposal on all issues to the
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 will 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 will 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
Local 501 will meet and confer on the affected Article,Section or Subsection. In such event,all
other Articles,Sections or Subsections of this Agreement not affected will continue in full force and
effect.
ARTICLE 44. UNIFORMS
44.1. The District will provide and maintain twelve(12)uniform pants and shirts,which may include the
name of the employee and District's seal,at no cost to appropriate personnel.
44.2. The District will also provide each field employee with one(1)jacket. The District will provide for the
cleaning of the jacket,and will determine when the jacket needs to be replaced.
Local 501 MOU July 1,20196 to June 30,
202249
Page 29
8971551.1 OR040-032
44.3. District's management may establish specific appearance guidelines. All employees who are
issued uniforms must wear them during the performance of their regular duties. Failure to wear
required clothing,shoes and safety equipment may be cause for disciplinary action.
44.4. Employee's covered by this agreement shall receive a safety boot allowance in the amount of$225
anaaaNyat the beginning of each fiscal year.
ARTICLE 45. SUBSTANCE ABUSE POLICY
45.1. The District's Drug and Alcohol 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 driverwho 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 will deduct from each regular paycheck and remit to Local 501 the dues,initiation fees
and assessments
'RG!ud'.,^A,.,.^,..•ehep ^^i^tedl sere^^fees „ngieu—^.,^,,,_1:---,for each Commented[BS6]:Removed this language to align with
_..
employee who authorizes such deduction in writing. Such authorizations must be filed by the end of Article 47 below(housekeeping)
the pay period prior to the period for which the deduction is requested.
46.2. The District will provide the Local 501 a quarterly list of the names of employees for whom it has
made deductions,the names of new employees,and the names of employees who have
terminated.
ARTICLE 47. Ar_E.htry SHOP-UNION DUES
47.1. Legislative Authority
47.1.1. The parties mutually understand and agree that in accordance with California Government
Code Sections 3500, et.seq., all full-time Unit employees represented by the International
Union of Operating Engineers,Local 501(hereinafter"Union")have the right to join or not join
the Union. u,,..•^.•^. the^ arAm^^t of a.I^^^l„A,.^ •et ep"re ^s that as ^^a;t,^^^-;tgnd;;rd initiation fee,periodic dues and general assesq.m,-ntq nf tht-I In*A
47.2. Union Dues/&ePA, Pees
47.2.1. The Human Resources Department shall provide all current employees and any employees
hired thereafter with an ai ither+zation notice advising them that the District has entered into a
memorandum of understanding n n^^^^., &hG ^^.^^..,^^t with the Union, and that all
Local 501 MOU July 1,20196 to June 30,
202249
Page 30
8971551.1 OR040-032
employees within the bargaining unit are subject to the Agreement m st either join the I mien
pay a service fee to the Union,or execute a written declaration claiming a religious exemption
payroll deduction of I Inmon dm— or a service fee, or a charitable contribution equal to the
sc�R.r GLz fao. Said ernp!Gyees shall have fourteeR(14)GaleRdar days from the date they reGeive
the ferm to fully a n„te it anal Fet„Fn it to the Human Rese„Fnes nenaFrmant
47.2.2. The Union shall submit to the District a certified list of employees of whom to deduct monthly
union dues from. If an employee's membership status changes,the Union shall notify the
District via amendment to the certified list. If the form is not nemnlete.d n eFly and ret„Fnpd
Within fo„Fteen (14) nalen.daF .days the Dint.int shall AnrnFnPnAA And nentin„e a Fell
The effective
date of Union dues,service fee or nhar'tahle contribution shall begin no later than the first full
pay period after receipt of the authorization formcertified list from the Union. The monetary
amount of union dues shall be set by the Union. In the event of a change to union dues,the
Union shall notify the District of the adjusted amount.
47 2.- The employee's earnings must be sufficient after the other legal and required deductions are
made to cover the amount of the dues or fees When an employee is in a non-pay
status for an entire pay period,no withholding will be made to cover the pay period from future
earnings. In the case of an employee in a non-pay status only during part of the pay period,
whose salary is not sufficient to cover the full withholding,no deduction shall be made. In the
case of an employee who is receiving catastrophic leave benefits during a pay period, no
deductions shall be made. In this connection,all other legal and required deductions(including
health care and insurance deductions)have priority over Union dues and services fees.
Relinio,s Cvemnt•n
ARY employee whe is a member of a bGRa fide religion, body, or seGt that has histerigally held GGRGGieRtiGUS
support aRy publiG employee eFgaRizatien as R PmnrlM(3n Gf BMPIOYMeRt. The employee may be required,'R lie
periodic dues,initiation fees,or Agency Shop fees,to pay sums equal to the dues,initiation fees,or Agency Shop
the-LJR'OR.
thp Union within fourteen(14)calendar days of receipt by the District. The Union qh;;I1 have fourteen(14)calen
days after receipt of a request for religious exemption to challenge any exemption granted by the District.-4f
challenged,the deduction to the charity of the employee's choice shall commence but shall b,-. h,-.Id i-.-;rroW
pending resolution of the challenge
ReS61SSIGn
employees in the Unit covered by memorand.-Urnrl of understanding,provided that:
0
employees in the I Init.
The.rote is by s ret ballet
he rnere than ene(1)vote takeR duriRg that term. NE)twithstandiRg the above,the DiStFiGt and the Union may
negotiate,and by mutual agreement provide for,an alternative procedure or procedures regarding a vote on an
Agency Shop agreement.
Local 501 MOU July 1,20196 to June 30,
202249
Page 31
8971551.1 OR040-032
47 2 447.2.3. If a vote"i approved by Unit members during the term of a GurFeRt
MOU
the Union agrees not to petition for or seek Agency Shop status for the ri-.m;;0ndPr Afthe
$wmnt' --M01-.
47.3. Reserfty
within sixty(60)days after the end of its fiscal year,a detailed written financial report thereoffn
the form of a balance sheet and a operatio statement certified as to accuracy by its
president and treasurer or corresponding principal officer,or by a certified public aGG0untant-.
An employee organization required to file finanGial reports under the Labor Managemel#
DosdAs„re Ant of 1959 c Rg nlo..ees n e.d by this PF9Vi6iGR, eF pequiFed to file
47-4 47.3. Indemnification
47 4 1 47.3.1. The Union shall indemnify, defend and hold the District harmless against any
liability arising from any claims,demands,or other action relating to the District's deduction of
Union Dues ,including claims relating to the
Union's use of monies collected under these provisions. The District reserves the right to
select and direct legal counsel in the case of any challenge to the District's compliance with the
Shop fee eduction of Union Dues, and the Union agrees to pay any
attorney,arbitrator or court fees related thereto.
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 Unit,and Local
501 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. SHIFT CHANGES
49.1. The shift change provision is intended to provide an opportunity for employees to bid for open
positions based on their job knowledge,experience and seniority. An open position is considered
an unencumbered position,or vacancy,resulting from a transfer,promotion,separation,or
retirement. Shift changes will be handled on the basis of seniority except when the District can
demonstrate a business necessity.
49.2. Relief Operator
49.2.1. When Plant Operators,Senior Plant Operators or Power Plant Operator series are assigned to
Relief Operator positions,they will be entitled to$1.75 per hour premium.
49.2.2. Except in emergencies,an employee will be notified of a change in his/her work schedule at
least forty-eight(48)hours in advance of such change,preferably seven(7)calendar days in
advance of such change. In the event that notice is under forty-eight(48)hours,management
will first try to fill vacancy from the overtime list. Failure to fill from the overtime list will result in
payment equivalent to call back pay in addition to any pay received from the shift worked for
the Relief Operator.
Local 501 MOU July 1,20196 to June 30,
202249
Page 32
8971551.1 OR040-032
49.2.3. It will be the intent of Management that relief employees will receive two(2)consecutive days
off and will only be subject to split days off when schedule changes occur.
49.3. Shift change-bidding procedure
49.3.1. The District will mail(e-mail is acceptable)a Shift Change Request Form to employees in
appropriate classifications every six(6)months. Any employee who wishes to be assigned to
the same or a different shift,and who is qualified for that shift,may indicate his/her preference
for reassignment on the Shift Change Request Form.The Shift Change Request Form must be
returned within thirty(30)days for an employee to be placed on a shift bid list. The list of
requests will be used for a period of six(6)months to fill vacant positions. A new employee or
a promoted employee may request through the Human Resources Department to be added to
the current list within two(2)weeks of his/her start date(new employee)or of being notified of
the promotion.
49.3.2. When the District intends to fill an open position,the following steps will be followed:
49.3.2.1. The District will notify the most senior employee on the Shift Change Request list of
the availability of the open position however, the District may also notify the
employee that his/her work location may not be changed in accordance with Section
17.2. The District agrees that it will verbally notify the employee about the plant
connected with the shift.
49.3.2.2. Within two(2)business days of the shift change offer,the employee must notify the
District in writing(e-mail is acceptable)of his/her decision to accept or reject the
position.
49.3.2.3. If the most senior employee rejects the position,the position will be offered to the
next most senior employee on the list.
49.3.2.4. The process will be repeated until the position is filled or the list is exhausted.
49.3.3. If an employee declines a shift change offer, or does not notify the Human Resources
Department within the two(2)business days,his/her name will remain on the list unless they
request in writing to have it removed. An employee who accepts a shift change offer will be
notified of the effective date of the shift change within seven(7)business days.
49.3.4. When an employee is awarded a shift bid,the employee shall begin the new shift within 30
days of accepting the bid.
49.4. Requests for urgency transfer
49.4.1. On occasion,an employee may wish to initiate a transfer to a different shift or plant in response
to a personal situation beyond his/her immediate control. Management will make a reasonable
effort to accommodate such requests, considering the operational needs of the District, in
accordance with the following guidelines:
49.4.2. The requirement to work any shift is considered an essential job function. An employee who
requests a transfer due to health reasons that are supported by competent medical findings will
be considered disabled and an effort will be made to explore reasonable accommodations. If
such accommodations cannot be made,or if the accommodation would result in an undue
business hardship on the District,the employee will have the option of remaining in the position
unless his/her presence would pose a threat to the safety and welfare of others.
49.4.3. Transfer requests for non-medically related reasons will be considered only when the health or
well being of the employee or a member of his/her immediate family is involved. In such
events,the transfer would normally be of a temporary nature and limited to the duration of the
emergency.
Local 501 MOU July 1,20196 to June 30,
202249
Page 33
8971551.1 OR040-032
49.4.4. Employees who wish to submit a Request for Transfer must do so in writing to their supervisor.
The request should contain sufficient information to allow full consideration of the nature ofthe
emergency or medical condition,and include medical documentation.
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 automatically deemed irrevocable
after seventy-two(72)hours from the receipt of the resignation except by approval of the Director of
Human Resources,or designee. The District may accept in writing any verbal or written resignation
at any time and deem such resignation irrevocable.
ARTICLE 52. OPERATOR CERTIFICATION
52.1. All employees assigned to the Lead Plant Operator,Senior Plant Operator,Plant Operator or
Operator-in-Training classifications will comply with the certification requirements of Chapter 4,Title
23,Subchapter 14 of the California Administrative Code. Failure to maintain a valid certificate will be
grounds for dismissal. This provision will not be subject to the Grievance Procedure.
52.2. The District will notify the Office of Operator Certification in writing within thirty(30)days of a final
disciplinary action resulting in suspension,demotion or discharge of a certified operator if the
discipline is the result of commission of any of the acts defined as grounds for discipline within the
Operator Certification Regulations.
52.3. As a condition of employment,newly hired Operator-in-Training employees who do not possess a
Certificate of Competence will apply for an Operator-in-Training Certificate and pay any applicable fee
to the State Water Resources Control Board and submit proof of such application to the Human
Resources Department within ten(10)business days of employment. Operators-in-Training who do
not receive their Grade I Certificate within three(3)years from their date of hire will be released from
District's employment. The District agrees to continue its current policy of reimbursing Operations
and Maintenance employees for required certifications upon receiving a passing score.
Local 501 MOU July 1,20196 to June 30,
202249
Page 34
8971551.1 OR040-032
SIGNATURE PAGE
20196-20221-9
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ORANGE COUNTY SANITATION DISTRICT
AND THE
INTERNATIONAL UNION OF OPERATING ENGINEERS,LOCAL 501
FOR THE
OPERATIONS AND MAINTENANCE GROUP
Executed:
LOCAL 501 ORANGE COUNTY SANITATION
DISTRICT
Deric Barnes,Business Representative Laura Drottz Kalty,LeadGhief Negotiator
Thnrngs Thomas Celia Chandler,Director of Human
O'Mahar,President Resources
Sid DownellEd and GuFly,Business MaRage•� Laura Maravilla,Human Resources&Risk
Steward Manager ARdFe w Nay,PF*R 'pal u,,,,aR
Erik Stratmoen ,Steward Andrew Nau,Human Resources
Supervisor
Laura Mara•FIh Human Resources&Risk
Jason Biedermann,Steward jaRiRe Agu4wThys DeVries,Priasipai
SepierPrincipal Human Resources Analyst
Luis Gasca,Steward LayFie K!iRWStephanie Barron,Senior
Human Resources Analyst
Gilbert Barela ergo^M8RGGGai,Steward
Aaron Suarez,Steward
Aaron Suarez,Steward
Local 501 MOU July 1,20196 to June 30,20224-9
Page 35
8971551.1 OR040-032
i
i
Local 501 MOU July 1,20196 to June 30,2022a 9
Page 36
8971551.1 OR040-032
EXHIBIT A
LOCAL 501 -OPERATIONS AND MAINTENANCE UNIT
Effective Effective Effective
Pay 8-Jul-165-Jul-19 73JuI4720 62-Jul-1821
Classification Grade MIN I MAX MIN MAX MIN MAX
Automotive/Heavy Equipmt Assistant L0053 $24.6926 $39,9932 $25-227 $39-9933 $2&492 $31-8a34.
.97 .78 .78 .76 8.61 77
Automotive/HeavyE ui mtTechnician LOC67 $348738 $42-3946 $359239 $43-6 7 $37904 $44.98849.
q p .11 .33 .25 .72 0.43 15
Control Center TeshaisiaaOperator L BL $279432 $33-9438 $28.7533 $34.9640 $29- 3 $36:e141.
OC60 . 88 .99 .04 .16 4.03 36
Electrical Technician I LOC65 $33.2036 $40- 4 $34-2e3� $*4-- 5 $3&243 $42.saas.
.29 .09 .38 .41 8.50 77
Electrical Technician 11 LOC71 $39-4942 $46:7751 $39.G3a3 $494752 $40 924 $49-.6954.
.04 .12 .30 .65 4.60 23
Facilities Worker/Builder LOC62 $30- 33 $374740 $34-7734 $3"942 $32723 $39.76434
.70 .95 .71 .18 5.75 45
Facilities Worker/Painter LOC62 $3"433 $37a74o $31-.7731 $3&5942 $32 z23 $39- 3.
.70 .95 .71 .18 5.75 45
Instrumentation Technician I LOC65 36.29$3 44.09$4 JL7.38$3 45.41$4 38.50$ 46.77$4
3.-29 0-35 4.20 436 3522
. 2;44
4204$3 1.12$4 o$ 5$4 60$ 45 3 2Instrumentation Technician II LOC71
9.48 6.77 9:63 947 49.82 &63
Lead Electrical Technician LOC75 $42-5946 $54E456 $437947 $534958 $45wQ $54- 59.
.44 .43 .83 .12 9.26 86
Lead Facilities Worker LOC66 $340437 $41-.36a5 $35-0638 $42- 6 $36443 $43.89a7.
.19 .12 .31 .57 9.46 97
Lead Instrumentation Technician LOC75 45.44$4 56.43$5 47.83$4 58.12$5 49.26$ 59.86$5
239 4" 379 349 4509 479
Lead Mechanic LOC71 42.04$3 51.12$4 a3.30$3 52.65$4 4a.60$ 54.23$4
9-.48 6:77 9:63 94-7 40 R2 9.63
Lead Plant Operator LOC75 46.44$4 156.43$5 47.83$4 IM.12$6 49.26$ 59.86$5
2430 4-.64 3:79 349 46.09 479
Lead Power Plant Operator LOC75 as.aa$a ss.a3$5 a7.a3$a ss.12$5 a9.2s$ ss.ss$5
238 4.64 3a9 344 49 nQ 47-9
Lead Welder/Fabricator LOC71 42.04U s1.12$4 43.30$3 152.65$4 44.50$ 54.23$4
9.49 6:77 9.43 947 4092 9.63
Machinist LOC68 $35:7339 $43-4447 $36.9040 $447448 $27904 $4633950.
.04 .46 .21 .88 1.42 35
LQG75 $42.50 $51-.64 $43.79 $5349 $45.09 $54W79
Maintenance Worker LOC60 $29-3632 $356838 $302423 $W6 Q $at453 $37,8541.
.08 .99 .04 .16 4.03 36
Mechanic LOC61 $ 3z $365439 $30&733 $37�a41 $atQ 3 $39.774z.
.85 .93 .85 .13 4.87 36
Mobile Crane Operator LOC67 38.11$3 46.33$4 39.25$3 47.72$4 40.43$ 49.15$4
497 2. 9 5.92 3.66 2700 4."
Operator-In-Training L0058 $275430 $33-9437 $29-7531 $34-9638 $29,643 $36.A439.
.50 .09 .42 .20 2.36 35
Plant Operator LOC66 37.19$3 45.12$4 38.31$3 46.57$4 39.46$ 47.97$4
p 404 4.b6 5.06 260 2641 399
Power Plant Operator I LOC66 37.19" 45.12$4 38.31$3 46.57$4 39.46$ 47.97$4
404 4-.W 5-06 2- 9 2611 3R9
Power Plant Operator 11 LOC71 42.04$3 fit 12$4 43.30$3 52.65$4 44.50$ 54.23$4
9.49 &.77 9:63 947 49,92 9.63
Reliability Maintenance Technician LOC75 46.44$4 156.43$5 a7.83$4 IM135 49.26$ 59.86$5
2430 1-64 3:79 344 46.09 479
Senior Mechanic LOC67 38.11$3 46.33$4 39.25$3 47.72$4 40.43$ 49.15$4
487 2-39 5A2 3s6 37.00 4.99
Senior Plant Operator LOC71 42.04U 51.12$4 43.30$3 IM2.65$4 44.60$ a54.23$4
Local 501 MOU July 1,20196 to June 30,202249
Page 37
8971551.1 OR040-032
&.48 5.7Z 9433 8aZ 40,82 9.63
Welder/Fabricator L CC67 38.11$3 46.33$4 39.25$3 47.72$4 40.43$ 49.15$4
4$7 2-.n 5.92 3-.w 37,00 4,98
Local 501 MOU July 1,20196 to June 30,2022a 9
Page 38
8971551.1 OR040-032
STEERING COMMITTEE Meeting Date To Bd. of Dir.
08/28/19 08/28/19
AGENDA REPORT Item Number Item Number
8
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT: ELIMINATION OF UNFUNDED ACTUARIAL ACCRUED LIABILITY
(UAAL) AND NET PENSION LIABILITY (NPL) WITHIN THE ORANGE
COUNTY EMPLOYEES' RETIREMENT SYSTEM
GENERAL MANAGER'S RECOMMENDATION
Direct staff to pay off the following amounts in the Orange County Sanitation District's
defined pension plan administered by the Orange County Employees' Retirement System
(OCERS) in an amount not to exceed $38 million:
• Unfunded Actuarial Accrued Liability(UAAL) in the amount of$9 million for pension
benefits
• Net Pension Liability (NPL) in the amount of $29 million for deferred investment
loss
BACKGROUND
As of July 1 , 2014, the Orange County Sanitation District(Sanitation District) had an UAAL
in its defined pension plan administered by OCERS of $194 million. The Sanitation
District made advanced payments to eliminate the UAAL and maintain a fully funded plan.
In 2017, the Sanitation District had a credit with OCERS.
However, for the year ended December 31 , 2018, OCERS' actuarial assumed rate of
return was 7.00 percent, but actual investment returns were a loss of approximately two
percent. The Sanitation District's allocated share of this shortfall resulted in a UAAL and
NPL of $9 million and $29 million, respectively.
Over the last 20 years, OCERS' annual rate of return exceeded the Sanitation District's
70% of the time. Due to their ability to invest in the equity market, staff believes that, over
the long-term, OCERS will consistently outperform the Sanitation District's return on
investments. Therefore, staff recommends reducing its investment portfolio to fund its
current total UAAL and NPL of approximately $38 million.
RELEVANT STANDARDS
• Ensure the public's money is wisely spent
• Resolution No. OCSD 18-23 — Sanitation District's adopted Investment Policy -
prudent investor standard
Page 1 of 2
PROBLEM
The return on investments by OCERS was less than planned within its actuarial
assumptions, thereby creating a new Sanitation District UAAL ($9 million) and NPL ($29
million) for the OCERS year-ended December 31, 2018 of approximately $38 million.
The Sanitation District could amortize the payment of this $38 million UAAL and NPL over
a long period of time, such as 10 to 20 years; however, in doing so, the Sanitation District
would have to make up the anticipated returns these funds would be earning by OCERS
over this repayment period. By paying these funds off now, the Sanitation District will
forgo future anticipated interest expense of approximately 7.00% a year.
PROPOSED SOLUTION
Direct staff to pay off the Sanitation District's total UAAL and NPL estimated at$38 million.
TIMING CONCERNS
As soon as the UAAL and NPL payoff is made, the annual 7.00% interest rate applied
against these funds will cease.
RAMIFICATIONS OF NOT TAKING ACTION
The Sanitation District will have to pay off its UAAL and NPL through a 10-to-20-year
amortization scheduled at a rate of 7.00%, far below its ability to produce returns on its
investment portfolio.
PRIOR COMMITTEE/BOARD ACTIONS
October 2016 - Board approved a $40 million paydown of the UAAL with OCERS.
May 2015 - Board approved the FY 2015-16 Budget Update, which included a line item
for the pay down of $50 million in UAAL with OCERS.
July 2014 - Board action approved $125 million pay down of UAAL with OCERS.
FINANCIAL CONSIDERATIONS
Payment of the Unfunded Actuarial Accrued Liability (UAAL) and Net Pension Liability
(NPL) will result in the reduction of the Sanitation District reserves by $38 million. It is
anticipated that as OCERS' actual investment returns improve, most, if not all, of these
funds will be recouped as a credit against future pension expenditures.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
N/A
Page 2 of 2
RITA
WOODRUFF, SPRADLIN&SMART
555 ANTON BOULEVARD, SUITE 1200
COSTA MESA, CA 92626-7670
(714)558-7000
MEMORANDUM
TO: Hon. Chair and Members of the Orange County Sanitation District Steering
Committee
FROM: Bradley R. Hogin, Esq.
General Counsel
DATE: August 20, 2019
RE: Closed Session Items
The Steering Committee desires to hold a closed session on August 28, 2019 for the
purpose of conferring with its legal counsel regarding anticipated litigation. Existing facts and
circumstances reflect a significant exposure to litigation against the District. The closed session
will be held pursuant to the authority of California Government Code Section 54956.9(d)(2).
The facts and circumstances are as follows: on July 18, 2019 former District employee Jose Cruz
filed a claim against the District alleging wrongful termination, retaliation, and gender
discrimination.
Respectfully submitted,
By
_;4/4' A,,�
BradI4 R. Hogin, eneral Counsel
1434475.1
RITA
WOODRUFF, SPRADLIN&SMART
555 ANTON BOULEVARD, SUITE 1200
COSTA MESA, CA 92626-7670
(714)558-7000
MEMORANDUM
TO: Hon. Chair and Members of the Orange County Sanitation District Steering
Committee
FROM: Bradley R. Hogin, Esq.
General Counsel
DATE: August 20, 2019
RE: Closed Session Items
The Steering Committee will hold a closed session on August 28, 2019 for the purpose of
conferring with its labor negotiators to discuss negotiations with the Confidential Group:
Assistant Clerk of the Board, Clerk of the Board, Human Resources Analyst, Human Resources
Assistant, Human Resources Supervisor, Principal HR Analyst, Secretary to the General
Manager, and Senior Human Resources Analyst. The District's labor negotiators are James
Herberg, Lorenzo Tyner and Celia Chandler. The closed session will be held pursuant to
authority of California Government Code Section 54957.6.
Respect submitted,
By.
4-
Bradley It. Hogin, Go6eral Counsel
1434468.1
RITA
WOODRUFF, SPRADLIN&$MART
555 ANTON BOULEVARD, SUITE 1200
COSTA MESA, CA 92626-7670
(714)558-7000
MEMORANDUM
TO: Hon. Chair and Members of the Orange County Sanitation District Steering
Committee
FROM: Bradley R. Hogin, Esq.
General Counsel
DATE: August 20, 2019
RE: Closed Session Items
The Steering Committee will hold a closed session on August 28, 2019 for the purpose of
conferring with its labor negotiators to discuss negotiations with the Managers Group:
Administration Manager, Controller, Engineering Manager, Environmental Laboratory& Ocean
Monitoring Manager, Human Resources &Risk Manager, IT Systems & Operations Manager,
Maintenance Manager, Operations Manager, and Purchasing and Contracts Manager. The
District's labor negotiators are James Herberg, Lorenzo Tyner and Celia Chandler. The closed
session will be held pursuant to authority of California Government Code Section 54957.6.
Respect submitted,
By.
4-
Bradley It. Hogin, Go6eral Counsel
1434469.1
RITA
WOODRUFF, SPRADLIN&$MART
555 ANTON BOULEVARD, SUITE 1200
COSTA MESA, CA 92626-7670
(714)558-7000
MEMORANDUM
TO: Hon. Chair and Members of the Orange County Sanitation District Steering
Committee
FROM: Bradley R. Hogin, Esq.
General Counsel
DATE: August 20, 2019
RE: Closed Session Items
The Steering Committee will hold a closed session on August 28, 2019 for the purpose of
conferring with its labor negotiators to discuss negotiations with the Executive Managers Group:
Assistant General Manager, Director of Engineering, Director of Environmental Services, and
Director of Human Resources. The District's labor negotiators are James Herberg, Lorenzo
Tyner and Celia Chandler. The closed session will be held pursuant to authority of California
Government Code Section 54957.6.
Respect submitted,
By. 4-
Bradley It Hogin, Gcderal Counsel
1434471.1
ORANGE COUNTY SANITATION DISTRICT
COMMON ACRONYMS
Association of California Local Agency Formation Regional Water Quality
ACWA Water Agencies LAFCO Commission RWQCB Control Board
APWA American Public Works LOS Level Of Service SARFPA Santa Ana River Flood
Association Protection Agency
AQMD Air Quality Management MGD Million Gallons Per Day SARI Santa Ana River
District Interceptor
ASCE American Society of Civil MOU Memorandum of SARWQCB Santa Ana Regional Water
Engineers Understanding Quality Control Board
BOD Biochemical Oxygen Demand NACWA National Association of Clean SAWPA Santa Ana Watershed
Water Agencies Project Authority
CARB California Air Resources NEPA National Environmental SCADA Supervisory Control And
Board Policy Act Data Acquisition
California Association of Non-Governmental Southern California
CASA Sanitation Agencies NGOs Organizations SCAP Alliance of Publicly Owned
Treatment Works
CCTV Closed Circuit Television NPDES National Pollutant Discharge SCAQMD South Coast Air Quality
Elimination System Management District
CEQA California Environmental NWRI National Water Research SOCWA South Orange County
Quality Act Institute Wastewater Authority
CIP Capital Improvement O& M Operations&Maintenance SRF Clean Water State
Program Revolving Fund
CRWQCB California Regional Water OCCOG Orange County Council of SSMP Sewer System
Quality Control Board Governments Management Plan
CWA Clean Water Act OCHCA Orange County Health Care SSO Sanitary Sewer Overflow
Agency
CWEA California Water Environment OCSD Orange County Sanitation SWRCB State Water Resources
Association District Control Board
EIR Environmental Impact Report OCWD Orange County Water District TDS Total Dissolved Solids
EMT Executive Management Team OOBS Ocean Outfall Booster Station TMDL Total Maximum Daily Load
EPA US Environmental Protection OSHA Occupational Safety and TSS Total Suspended Solids
Agency Health Administration
Professional Waste Discharge
FOG Fats, Oils, and Grease PCSA Consultant/Construction WDR Requirements
Services Agreement
gpd gallons per day PDSA Professional Design Services WEF Water Environment
Agreement Federation
GWRS Groundwater Replenishment POTW Publicly Owned Treatment WERF Water Environment&
System Works Reuse Foundation
ICS Incident Command System ppm parts per million WIFIA Water Infrastructure
Finance and Innovation Act
Integrated Emergency Professional Services Water Infrastructure
IERP Response Plan PSA Agreement WIIN Improvements for the
Nation Act
JPA Joint Powers Authority RFP Request For Proposal WRDA Water Resources
Development Act
ORANGE COUNTY SANITATION DISTRICT
GLOSSARY OF TERMS
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
known 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.
BIOGAS—A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used
as a fuel.
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 farmland 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.
CONTAMINANTS OF POTENTIAL CONCERN (CPC) — Pharmaceuticals, hormones, and other organic wastewater
contaminants.
DILUTION TO THRESHOLD (D/T) —The dilution at which the majority of people detect the odor becomes the D/T for that air
sample.
GREENHOUSE GASES (GHG) — 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 SYSTEM(GWRS)—Ajoint 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 per day of drinking quality water to replenish the local groundwater supply.
LEVEL OF SERVICE (LOS)—Goals to support environmental and public expectations for performance.
N-NITROSODIMETHYLAMINE (NDMA) — A N-nitrosamine 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 and Water
Environment Federation, with advisory support from the US Environmental Protection Agency. NBP is committed to developing
and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance
and promote public participation 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)—A municipal wastewater treatment plant.
SANTA ANA RIVER INTERCEPTOR (SARI) LINE—A regional brine line designed to convey 30 million gallons per day 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 runoff.
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.
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. The Orange County Sanitation District's service
area is in the Santa Ana River Watershed.