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Home My WebLink About07-27-2022 Steering Committee Meeting Complete Agenda Packet ORANGE COUNTY SANITATION DISTRICT SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19) AND ATTENDANCE AT PUBLIC MEETINGS Governor Newsom signed Assembly Bill (AB) 361 on September 16, 2021, which, in part, addresses the conduct of public meetings in light of the continued State of Emergency order. Effective October 1, 2021, AB 361 suspends the requirements located in California Government Code, Section 54953, Subdivision (b), Paragraph (3) specifically pertaining to the conduct of public meetings. As such, the Orange County Sanitation District (OC San) Board of Directors has determined that due to the size of OC San’s Board of Directors (25), and the health and safety of the members, the Board of Directors will be participating in meetings of the Board telephonically and via Internet accessibility. PUBLIC PARTICIPATION Your participation is always welcome. OC San offers several ways in which to interact during meetings. You will find information as to these opportunities below. ONLINE MEETING PARTICIPATION You may join the meeting live via Teams on your computer or similar device or web browser by using the link below: Click here to join the meeting We suggest testing joining a Teams meeting on your device prior to the commencement of the meeting. For recommendations, general guidance on using Teams, and instructions on joining a Teams meeting, please click here. Please mute yourself upon entry to the meeting. Please raise your hand if you wish to speak during the public comment section of the meeting. The Clerk of the Board will call upon you by using the name you joined with. Meeting attendees are not provided the ability to make a presentation during the meeting. Please contact the Clerk of the Board at least 48 hours prior to the meeting if you wish to present any items. Additionally, camera feeds may be controlled by the meeting moderator to avoid inappropriate content. OC ~SAN ORANGE COUNTY SANITATION DISTRICT HOW TO PARTICIPATE IN THE MEETING BY TELEPHONE To join the meeting from your phone: Dial (213) 279-1455 When prompted, enter the Phone Conference ID: 505 051 708# All meeting participants may be muted during the meeting to alleviate background noise. If you are muted, please use *6 to unmute. You may also mute yourself on your device. Please raise your hand to speak by use *5, during the public comment section of the meeting. The Clerk of the Board will call upon you by using the last 4 digits of your phone number as identification. NOTE: All attendees will be disconnected from the meeting at the beginning of Closed Session. If you would like to return to the Open Session portion of the meeting, please login or dial-in to the Teams meeting again and wait in the Lobby for admittance. VIEW THE MEETING ONLINE ONLY The meeting will be available for online viewing only at: https://ocsd.legistar.com/Calendar.aspx HOW TO SUBMIT A COMMENT You may provide verbal comment in real time during the meeting. In order to provide a verbal comment, please raise your hand as described above or alert the Clerk of the Board before or during the public comment period. You may also submit your comments and questions in writing for consideration in advance of the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or sending them to OCSanClerk@ocsan.gov with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”. You may also submit comments and questions for consideration during the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx. The eComment feature will be available for the duration of the meeting. All written public comments will be provided to the legislative body and may be read into the record or compiled as part of the record. TECHNICAL SUPPORT PRIOR TO AND DURING MEETINGS For technical assistance before and during the meeting, please call 714-593-7431. For any other questions and/or concerns, please contact the Clerk of the Board’s office at 714-593-7433. Thank you, in advance, for your patience in working with these technologies. We appreciate your interest in OC San! July 20, 2022 NOTICE OF SPECIAL MEETING STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT Wednesday, July 27, 2022 – 5:00 P.M. ACCESSIBILITY FOR THE GENERAL PUBLIC Your participation is always welcome. Specific information as to how to participate in this meeting is detailed in the Special Notice attached to this agenda. In general, OC San offers several ways in which to interact during meetings: you may join the meeting live via Teams on your computer or similar device or web browser, join the meeting live via telephone, view the meeting online, and/or submit comments for consideration before or during the meeting. The Regular Meeting of the Steering Committee of the Orange County Sanitation District will be held at the above location and in the manner indicated on Wednesday, July 27, 2022 at 5:00 p.m. 0 ~SAN 10844 Ellis Avenue Fountain Valley, CA 92708 714.962.2411 ORANGE COUNTY SANITATION DISTRICT www.ocsan.gov Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Serving: Anaheim Brea Buena Park Cypress Fountain Valley Fullerton Garden Grove Huntington Beach Irvine La Habra La Palma Los Alamitos Newport Beach Orange Placentia Santa Ana Seal Beach Stanton Tustin Villa Park County of Orange Costa Mesa Sanitary District Midway City Sanitary District Irvine Ranch Water District Yorba Linda Water District STEERING COMMITTEE AND BOARD MEETING DATES July 27, 2022 August 24, 2022 September 28, 2022 October 26, 2022 November 16, 2022 * December 21, 2022 * January 25, 2023 February 22, 2023 March 22, 2023 April 26, 2023 May 24, 2023 June 28, 2023 * Meeting will be held on the third Wednesday of the month STEERING COMMITTEE (1) Roll Call: Meeting Date: July 27, 2022 Meeting Time: 5:00 p.m. Committee Members Chad Wanke, Board Chair……………………………………………. ____ Ryan Gallagher, Board Vice-Chair……………………………………… ____ Brooke Jones, Operations Committee Chair…………………………. ____ Glenn Parker, Administration Committee Chair……………………… ____ Jesus J. Silva, LaPA Committee Chair………………………………… ____ Sandra Massa-Lavitt, Member-At-Large……………………………… ____ John Withers, Member-At-Large……………………………………… ____ Others Brad Hogin, General Counsel………………………………………... ____ Staff Jim Herberg, General Manager……………………………………… ____ Rob Thompson, Assistant General Manager………………………. ____ Lorenzo Tyner, Assistant General Manager………………………... ____ Celia Chandler, Director of Human Resources………..…………… ____ Kathy Millea, Director of Engineering………..……………………… ____ Riaz Moinuddin, Director of Operations & Maintenance………….. ____ Lan Wiborg, Director of Environmental Services………..…….…… ____ Kelly Lore, Clerk of the Board…………...…………………………… ____ Other Staff Present ORANGE COUNTY SANITATION DISTRICT Effective 03/07/2022 BOARD OF DIRECTORS Complete Roster AGENCY/CITIES ACTIVE DIRECTOR ALTERNATE DIRECTOR Anaheim Stephen Faessel Gloria Ma’ae Brea Glenn Parker Cecilia Hupp Buena Park Art Brown Connor Traut Cypress Paulo Morales Anne Hertz-Mallari Fountain Valley Patrick Harper Ted Bui Fullerton Jesus J. Silva Nick Dunlap Garden Grove Steve Jones John O’Neill Huntington Beach Kim Carr Dan Kalmick Irvine Anthony Kuo Farrah N. Khan La Habra Rose Espinoza Steve Simonian La Palma Marshall Goodman Nitesh Patel Los Alamitos Ron Bates NONE Newport Beach Brad Avery Joy Brenner Orange Kim Nichols Chip Monaco Placentia Chad Wanke Ward Smith Santa Ana Johnathan Ryan Hernandez Nelida Mendoza Seal Beach Sandra Massa-Lavitt Schelly Sustarsic Stanton David Shawver Carol Warren Tustin Ryan Gallagher Austin Lumbard Villa Park Chad Zimmerman Robert Collacott Sanitary/Water Districts Costa Mesa Sanitary District Bob Ooten Art Perry Midway City Sanitary District Andrew Nguyen Mark Nguyen Irvine Ranch Water District John Withers Douglas Reinhart Yorba Linda Water District Brooke Jones Ted Lindsey County Areas Board of Supervisors Donald P. Wagner Doug Chaffee STEERING COMMITTEE Regular Meeting Agenda Wednesday, July 27, 2022 - 5:00 PM Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 ACCOMMODATIONS FOR THE DISABLED: If you require any special disability related accommodations, please contact the Orange County Sanitation District (OC San) 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 OC San's Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, and on the OC San’s website at www.ocsan.gov 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. MEETING AUDIO: An audio recording of this meeting is available within 24 hours after adjournment of the meeting at https://ocsd.legistar.com/Calendar.aspx or by contacting the Clerk of the Board at (714) 593-7433. NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, the item must be submitted in writing to the Clerk of the Board: Kelly A. Lore, MMC, (714) 593-7433 / klore@ocsan.gov at least 14 days before the meeting. FOR ANY QUESTIONS ON THE AGENDA, BOARD MEMBERS MAY CONTACT STAFF AT: General Manager: Jim Herberg, jherberg@ocsan.gov / (714) 593-7300 Asst. General Manager: Lorenzo Tyner, ltyner@ocsan.gov / (714) 593-7550 Asst. General Manager: Rob Thompson, rthompson@ocsan.gov / (714) 593-7310 Director of Human Resources: Celia Chandler, cchandler@ocsan.gov / (714) 593-7202 Director of Engineering: Kathy Millea, kmillea@ocsan.gov / (714) 593-7365 Director of Environmental Services: Lan Wiborg, lwiborg@ocsan.gov / (714) 593-7450 Director of Operations & Maintenance: Riaz Moinuddin, rmoinuddin@ocsan.gov / (714) 593-7269 OC ~SAN ORANGE COUNTY SANITATION DISTRICT STEERING COMMITTEE Regular Meeting Agenda Wednesday, July 27, 2022 CALL TO ORDER Board Chairman Chad Wanke ROLL CALL AND DECLARATION OF QUORUM: Clerk of the Board PUBLIC COMMENTS: Your participation is always welcome. Specific information as to how to participate in a meeting is detailed in the Special Notice attached to this agenda. In general, OC San offers several ways in which to interact during meetings: you may join the meeting live via Teams on your computer or similar device or web browser, join the meeting live via telephone, view the meeting online, and/or submit comments for consideration before or during the meeting. You may provide verbal comment in real time during the meeting. In order to provide a verbal comment, please raise your hand (directions provided in the Special Notice attached to this agenda) or alert the Clerk of the Board before or during the public comment period. You may submit your comments and questions in writing for consideration in advance of the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or sending them to OCSanClerk@ocsan.gov with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”. You may also submit comments and questions for consideration during the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx. The eComment feature will be available for the duration of the meeting. All written public comments will be provided to the legislative body and may be read into the record or compiled as part of the record. REPORTS: The Board 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: 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. 1.2022-2413APPROVAL OF MINUTES RECOMMENDATION: Approve Minutes of the Regular Meeting of the Steering Committee held June 22, 2022. Originator:Kelly Lore Page 1 of 5 STEERING COMMITTEE Regular Meeting Agenda Wednesday, July 27, 2022 Agenda Report 06-22-2022 Steering Committee Minutes Attachments: NON-CONSENT: 2.2022-2419PLANT NO. 2 TRICKLING FILTER “B” ROTARY DISTRIBUTOR MAST REPLACEMENT RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Sole Source Purchase Order Contract to Ovivo USA, LLC (Ovivo) for a direct replacement Center Mast assembly for the Plant No. 2 Trickling Filter B solids contact, Secondary Treatment, in an amount not to exceed $507,272, plus applicable sales tax and shipping; and B. Approve a contingency of $50,727 (10%). Originator:Riaz Moinuddin Agenda Report Presentation - P2 TF-B Center Mast Replacement Attachments: 3.2022-2445SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE SUPERVISOR & PROFESSIONAL GROUPS RECOMMENDATION: Recommend to the Board of Directors to: A. Adopt Resolution No. OC SAN 22-22, entitled, “A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memoranda of Understanding (MOU) between the Orange County Sanitation District and the Supervisory and Professional Management Group, for Fiscal Years 2022/2023, 2023/2024 & 2024/2025”; 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. C. Approve upgrades of the following classifications: Chief Plant Operator (SUP88 to SUP90), Information Technology Supervisor (SUP88 to SUP90), and Maintenance Supervisor (SUP82 to SUP84). Originator:Celia Chandler Page 2 of 5 STEERING COMMITTEE Regular Meeting Agenda Wednesday, July 27, 2022 Agenda Report Resolution No. OC SAN 22-22 Supervisor Group MOU 2022 through 2025 Professional Group MOU 2022 through 2025 Salary Schedule - Supervisors (FY2021-2022) Salary Schedules - Supervisors (Proposed FY2022-2023 to FY2024-2025) Attachments: 4.2022-2446SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE ORANGE COUNTY EMPLOYEES ASSOCIATION RECOMMENDATION: Recommend to the Board of Directors to: A. Adopt Resolution No. OC SAN 22-23, entitled, A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memoranda of Understanding (MOU) between the Orange County Sanitation District and the Orange County Employees Association (OCEA), for Fiscal Years 2022/2023, 2023/2024 & 2024/2025”; and B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs) between Orange County Sanitation District and the three (3) OCEA bargaining units. Originator:Celia Chandler Agenda Report Resolution No. OC SAN 22-23 OCEA ADMIN-CLERICAL MOU 7-2022 through 6-2025 OCEA TECH SERVICES MOU 7-2022 through 6-2025 OCEA ENG MOU 7-2022 through 6-2025 Attachments: INFORMATION ITEMS: None. DEPARTMENT HEAD REPORTS: 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 the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. Page 3 of 5 STEERING COMMITTEE Regular Meeting Agenda Wednesday, July 27, 2022 CONVENE IN CLOSED SESSION. CS-1 2022-2439CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT CODE SECTION 54957.6 RECOMMENDATION: Convene in Closed Session: Designated Representatives: General Manager James Herberg, Assistant General Managers Lorenzo Tyner and Rob Thompson, Director of Human Resources Celia Chandler, and Chief Negotiator Laura Kalty. Employee Organizations: (1) International Union of Operating Engineers, Local 501. Agenda Report GC Memo - Steering Labor Attachments: CS-2 2022-2438PUBLIC EMPLOYEE PERFORMANCE EVALUATION 54957(b)(1) RECOMMENDATION: Convene in Closed Session: Public Employee Performance Evaluation Number of Employees: 1 ·General Manager Agenda Report GC Memo - Steering GM Evaluation Attachments: CS-3 2022-2351CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(1) RECOMMENDATION: Convene in Closed Session: Number of Cases: 1 Heidi M. Janz v. Orange County Sanitation District; Its Board of Directors, Officers, Officials, Agents and Celia Chandler, Director of Human Resources and Does 1 through 10, Superior Court of California, County of Orange, Case No. 30-2021-01208616-CU-OE-CJC. Agenda Report GC Memo - Steering Janz Litigation Attachments: RECONVENE IN REGULAR SESSION. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: Page 4 of 5 STEERING COMMITTEE Regular Meeting Agenda Wednesday, July 27, 2022 OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: At this time Directors may request staff to place an item on a future agenda. ADJOURNMENT: Adjourn the Committee meeting until the Regular Meeting of the Steering Committee on August 24, 2022 at 5:00 p.m. Page 5 of 5 STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2022-2413 Agenda Date:7/27/2022 Agenda Item No:1. FROM:James D. Herberg, General Manager Originator: Kelly A. Lore, Clerk of the Board SUBJECT: APPROVAL OF MINUTES GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Approve Minutes of the Regular Meeting of the Steering Committee held June 22, 2022. BACKGROUND In accordance with the Board of Directors Rules of Procedure, an accurate record of each meeting will be provided to the Directors for subsequent approval at the following meeting. RELEVANT STANDARDS ·Resolution No. OC SAN 21-04 ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: ·Minutes of the Steering Committee meeting held June 22, 2022 Orange County Sanitation District Printed on 7/18/2022Page 1 of 1 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT Orange County Sanitation District Minutes for the STEERING COMMITTEE Wednesday, June 22, 2022 4:30 PM Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 SPECIAL MEETING - EARLY START TIME CALL TO ORDER A special meeting of the Steering Committee of the Orange County Sanitation District was called to order by Board Chairman John Withers on Wednesday, June 22, 2022 at 4:58 p.m. (delayed due to technical difficulties) in the Administration Building of the Orange County Sanitation District. Chair Withers stated that the meeting was being held telephonically and via Internet accessibility in accordance with new provisions in California Government Code Section 54953 and Resolution No. OC SAN 22-14, due to the continued State of Emergency Order. Chair Withers announced the teleconference meeting guidelines. ROLL CALL AND DECLARATION OF QUORUM: Roll call was taken and a quorum was declared present, as follows: PRESENT:John Withers, Chad Wanke, Ryan Gallagher, Brooke Jones and Glenn Parker ABSENT:Sandra Massa-Lavitt and Jesus Silva STAFF PRESENT: Jim Herberg, General Manager; Kelly Lore, Clerk of the Board; and Joshua Martinez were present in the Board Room. Rob Thompson, Assistant General Manager; Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of Human Resources; Kathy Millea, Director of Engineering; Riaz Moinuddin, Director of Operations and Maintenance; Lan Wiborg, Director of Environmental Services; Mo Abiodun; Janine Aguilar; Anthony Aponte; Natalia Bassett; Benjamin Bewley; Andrew Brown; Marc Brown; Jennifer Cabral; Mortimer Caparas; Kim Cardenas; Wai Chan; Tanya Chong; Ron Cortez; Thys DeVries; Molly Donahue, Mike Dorman; Stephen Duarte, Brian Engeln; Charles Falzone; Katie Feld; Dickie Fernandez; Jennifer Ferrari; Brian Finkelstein; Luis Gasca; Lorenzo Gonzalez; Laurie Klinger; Tina Knapp; Jackie Lagade; Laura Maravilla; Diane Marzano; Jim McDonald; Rob Michaels; Tracey Murphy; Andrew Nau; Adam Nazaroff; Michael Oberly; Hyeyoung Oh; Arthur Angkingco; Jagadish Orunganti; Jonathon Powell; Alan Ralph; Valerie Ratto; Wally Ritchie; Kevin Schuler; Bryan Spidell; Cristina Stanford; Aaron Suarez; Cori Voss; Thomas Vu; Mazen Yamout; and Ruth Zintzun were in attendance telephonically. OTHERS PRESENT: Brad Hogin, General Counsel, was present in the Board Room. Alyssa Thompson and Katie Kaneko, Koff and Associates; Daniel Fears, Payne and Fears; Laura Kalty, Liebert Cassidy Whitmore; Chris Walker; Dan Schuler; Deric Barnes; Local 501; Deborah Diep; Kevin Peek, Peek Performance; Saliem Aregaye, OCEA; and John Snyder, Chapman University, were in attendance telephonically. Page 1 of 6 OC ~SAN ORANGE COUNTY SANITATION DISTRICT STEERING COMMITTEE Minutes June 22, 2022 PUBLIC COMMENTS: Marc Brown provided comment regarding Closed Session Item No. 1. Clerk of the Board Kelly Lore stated that a letter had been received from OCEA regarding labor negotiations which was delivered to the Steering Committee members and made available to the public. REPORTS: Chair Withers stated that an updated Resolution to continue teleconferencing of public meetings is on the Board of Directors agenda this evening and based on legal counsel ’s review, and the Orange County Health Officer’s orders, if the Resolution is adopted, virtual meetings may take place for the next 30 days. General Manager Jim Herberg did not provide a report. CONSENT CALENDAR: 1.APPROVAL OF MINUTES 2022-2365 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Regular Meeting of the Steering Committee held May 25, 2022. AYES:John Withers, Chad Wanke, Ryan Gallagher, Brooke Jones and Glenn Parker NOES:None ABSENT:Sandra Massa-Lavitt and Jesus Silva ABSTENTIONS:None NON-CONSENT: 2.GENERAL MANAGER’S FY 2021-2022 WORK PLAN YEAR-END REPORT 2022-2369 Originator: Jim Herberg Mr. Herberg provided a brief introduction to the item. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Receive and file the General Manager’s FY 2021-2022 Work Plan Year-End Report. Page 2 of 6 STEERING COMMITTEE Minutes June 22, 2022 AYES:John Withers, Chad Wanke, Ryan Gallagher, Brooke Jones and Glenn Parker NOES:None ABSENT:Sandra Massa-Lavitt and Jesus Silva ABSTENTIONS:None 3.GENERAL MANAGER’S FISCAL YEAR 2022-2023 WORK PLAN 2022-2367 Originator: Jim Herberg Mr. Herberg provided a brief introduction to the item. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Approve the General Manager’s Fiscal Year 2022-2023 Work Plan. AYES:John Withers, Chad Wanke, Ryan Gallagher, Brooke Jones and Glenn Parker NOES:None ABSENT:Sandra Massa-Lavitt and Jesus Silva ABSTENTIONS:None 4.CLASSIFICATION & COMPENSATION STUDIES FINAL RESULTS 2022-2371 Originator: Celia Chandler Director of Human Resources Celia Chandler introduced Katie Kaneko, Koff and Associates, who provided a brief explanation of the study and documents provided. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Receive and file the June 2022 Classification Study Final Report and Total Compensation Study Final Report. AYES:John Withers, Chad Wanke, Ryan Gallagher, Brooke Jones and Glenn Parker NOES:None ABSENT:Sandra Massa-Lavitt and Jesus Silva ABSTENTIONS:None 5.PROPERTY ACQUISITION FOR 1516 BALBOA BOULEVARD WEST, NEWPORT BEACH, CA 2022-2372 Originator: Lorenzo Tyner Assistant General Manager Lorenzo Tyner provided a brief explanation of the item . Page 3 of 6 STEERING COMMITTEE Minutes June 22, 2022 MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve the Agreement for Purchase and Sale of the Real Property and Escrow Instructions for the purchase of real estate from the City of Newport Beach for 1516 Balboa Boulevard West, Newport Beach, California, County Assessor Parcel Number 047-222-10 in a form approved by Special Counsel, for $467,629.56; and B. Authorize the General Manager and Special Counsel to execute the following: 1. Preliminary Title Report Consistent with the Standard Offer, Agreement, and Escrow Instructions; 2. Title Approval Letter; 3. Deeds and other evidence of title to the parcel of property that are the subject of the Purchase Agreement; 4. Preliminary Change of Ownership Report; 5. Acceptance of the Grant Deed to certain real property from City of Newport Beach; 6. Approved Estimated Closing costs; 7. Seller’s Mandatory Disclosure Statement acknowledging receipt of this document; 8. Property Information Sheet acknowledging receipt of this document; 9. Natural Hazard Disclosure Report acknowledging receipt of this document; and 10. Any and all other instruments related to the transaction. AYES:John Withers, Chad Wanke, Ryan Gallagher, Brooke Jones and Glenn Parker NOES:None ABSENT:Sandra Massa-Lavitt and Jesus Silva ABSTENTIONS:None INFORMATION ITEMS: None. DEPARTMENT HEAD REPORTS: None. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54957.6, 54957(b)(1) & 54956.9(d)(1). Page 4 of 6 STEERING COMMITTEE Minutes June 22, 2022 The Committee convened in closed session at 5:12 pm. 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. CS-1 CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT CODE SECTION 54957.6 2022-2352 CONVENED IN CLOSED SESSION: Designated Representatives: General Manager James Herberg, Assistant General Managers Lorenzo Tyner and Rob Thompson, Director of Human Resources Celia Chandler, and Chief Negotiator Laura Kalty. Employee Organizations: (3) International Union of Operating Engineers, Local 501; Orange County Employees Association; and the Supervisors and Professionals Group. CS-2 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(1) 2022-2368 CONVENED IN CLOSED SESSION: Number of Cases: 1 Arlin Blazevic v. Orange County Sanitation District; Natasha Dubrovski; Lorenzo Tyner; and Does 1-100, inclusive, Superior Court of California, County of Orange, Case No. 30-2020-01149812-CU-WT-CJC. CS-3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION 54957(b)(1)2022-2224 CONVENED IN CLOSED SESSION: Public Employee Performance Evaluation Number of Employees: 1 ·General Manager RECONVENED IN REGULAR SESSION. The Committee reconvened in regular session at 5:59 p.m CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel Brad Hogin stated there was no reportable action. Page 5 of 6 STEERING COMMITTEE Minutes June 22, 2022 OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: Chair Withers declared the meeting adjourned at 6:00 p.m. to the next Regular Steering Committee meeting to be held on Wednesday, July 27, 2022 at 5:00 p.m. Submitted by: __________________ Kelly A. Lore, MMC Clerk of the Board Page 6 of 6 STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2022-2419 Agenda Date:7/27/2022 Agenda Item No:2. FROM:James D. Herberg, General Manager Originator: Riaz Moinuddin, Director of Operations & Maintenance SUBJECT: PLANT NO. 2 TRICKLING FILTER “B” ROTARY DISTRIBUTOR MAST REPLACEMENT GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Sole Source Purchase Order Contract to Ovivo USA, LLC (Ovivo) for a direct replacement Center Mast assembly for the Plant No. 2 Trickling Filter B solids contact, Secondary Treatment, in an amount not to exceed $507,272, plus applicable sales tax and shipping; and B. Approve a contingency of $50,727 (10%). BACKGROUND The Orange County Sanitation District (OC San) Trickling Filters at Plant No. 2 consist of three 150- foot diameter rotating assemblies. This trickling filter process provides secondary treatment rated at 60 MGD average during dry weather and approximately 182 MGD during peak wet weather capacities. The trickling filters are engineered to remove the organic content in wastewater utilizing micro-organisms living on the filter media. Each trickling filter is equipped with a motor-operated rotary distributor assembly to uniformly distribute the primary treated flow over the media. RELEVANT STANDARDS ·Commitment to safety & reducing risk in all operations ·Maintain a proactive asset management program ·Maintain a culture of improving efficiency to reduce the cost to provide the current service level or standard PROBLEM During normal operation, Trickling Filter B’s 150-foot diameter spinning distributor arms tripped on over-torque. After further investigation, significant damage was found to the Trickling Filter B rotary distributor arm bearing and bearing surface. The failed bearing and upper bearing plate were replaced, and temporary repairs were made to the lower mast bearing surface. The lower mast bearing surface is part of the structure. A permanent solution is needed to maintain the required secondary treatment capacity and process reliability to support the Plant No. 2 GWRS expansionOrange County Sanitation District Printed on 7/20/2022Page 1 of 3 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT File #:2022-2419 Agenda Date:7/27/2022 Agenda Item No:2. secondary treatment capacity and process reliability to support the Plant No.2 GWRS expansion project. PROPOSED SOLUTION Staff recommends a sole source purchase order contract to replace the Trickling Filter B Center Mast Assembly by the original equipment manufacturer (OEM),Ovivo.This multi-ton,spinning,stainless steel unit rests on a support mast bearing surface that must be perfectly level to uniformly distribute water over a 150-foot diameter. TIMING CONCERNS The Trickling Filters at Plant No.2 are critical assets that support secondary treatment requirements. With the temporary repairs made to Trickling Filter B,there exists a higher risk of not being able to reliably provide required secondary treatment at Plant No. 2. RAMIFICATIONS OF NOT TAKING ACTION Failure to act increases the risk to provide required secondary treatment at the Plant No.2 trickling filter process and to provide water to the GWRS final expansion. PRIOR COMMITTEE/BOARD ACTIONS June 2022 -Board approved a Sole Source Purchase Order Contract to Ovivo USA,LLC (Ovivo)for a direct replacement Center Mast assembly for the Plant No.2 Trickling Filter A solids contact, Secondary Treatment,in an amount not to exceed $461,500,plus applicable sales tax and shipping; and approved a contingency of $46,150 (10%). ADDITIONAL INFORMATION Trickling Filter A is currently out of service awaiting installation of the same Center Mast parts.The structural failure of Trickling Filter A had different causes not involving bearing failure as in Trickling Filter B.Tricking Filter C’s bearings were inspected and replaced and the mast structure inspected to reduce its operational risk.In addition,it is important to consider that this trickling filter process will provide all the secondary treatment for the reclaimable water at Plant No.2 to feed the GWRS when the final expansion project comes on-line in early 2023. Ovivo is the Board of Directors approved OEM for Plant No. 2 Trickling Filter parts and repairs. A 10%contingency is requested due to potential delays due to additional unforeseen repairs that may become known.The center mast is covered by the hard filter media so that only the top portion is visible.Additional repairs may be needed once the mast assembly has been removed and further assessments made, which cannot be performed until the mast assembly and filter media is removed. CEQA N/A Orange County Sanitation District Printed on 7/20/2022Page 2 of 3 powered by Legistar™ File #:2022-2419 Agenda Date:7/27/2022 Agenda Item No:2. FINANCIAL CONSIDERATIONS This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been budgeted in the FY’s 2022-23 &23-24 Budget,Plant No.2 Maintenance 880,Section 6 -Page 92 and the budget is sufficient for the recommended action. Date of Approval Contract Amount Contingency 07/27/2022 $507,272 $50,727 (10%) ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Presentation RM:ks:ls Orange County Sanitation District Printed on 7/20/2022Page 3 of 3 powered by Legistar™ 7/20/2022 1 P2 Trickling Filter‐B Center Mast Replacement Presented by: Rob Thompson Assistant General Manager Steering Committee July 27, 2022 Trickling Filter in Operation 2 1 2 7/20/2022 2 TF‐B Rotary Mechanism Failure •Center Mast is Matched Pair, Rotating and Stationary Assemblies •Damage to Center Mast, Surface is Machined Precisely •Extensive Damage to Top Bearing TF-B Rotating Mechanism Failure 3 Recommend to the Board of Directors to: A. Approve a Sole Source Purchase Order Contract to Ovivo USA, LLC (Ovivo) for a direct replacement Center Mast assembly for the Plant No. 2 Trickling Filter B in an amount not to exceed $507,272; and B. Approve a contingency of $50,727 (10%). TF-B Center Mast Recommendation 4 3 4 7/20/2022 3 Questions ? 5 5 STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2022-2445 Agenda Date:7/27/2022 Agenda Item No:3. FROM:Laura Kalty, Chief Negotiator Originator: Celia Chandler, Director of Human Resources SUBJECT: SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE SUPERVISOR & PROFESSIONAL GROUPS GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: A. Adopt Resolution No. OC SAN 22-22, entitled, “A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memoranda of Understanding (MOU) between the Orange County Sanitation District and the Supervisory and Professional Management Group, for Fiscal Years 2022/2023, 2023/2024 & 2024/2025”; 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. C. Approve upgrades of the following classifications: Chief Plant Operator (SUP88 to SUP90), Information Technology Supervisor (SUP88 to SUP90), and Maintenance Supervisor (SUP82 to SUP84). BACKGROUND The MOUs between the Orange County Sanitation District (OC San) and the Supervisor Group and Professional Group bargaining units that became effective on July 1, 2019, expired on June 30, 2022. The Supervisory and Professional Management Group (SPMG) submitted its initial proposals for successor MOUs on April 12, 2022. SPMG and OC San have met and conferred in good faith seven (7) times since receiving the initial proposal. As of the Board meeting on June 22, 2022, most items proposed, except for salary and wages, had either reached tentative agreement or had been withdrawn. On June 22, 2022, the Board of Directors authorized the Chief Negotiator to proceed with a three- year contract and salary increases for SPMG as follows: 4.5% for the first year, 4% for the second year, and 3.5% for the final year of the contract. This includes corresponding salary range adjustments due in the first pay period in July for each year of the contract, with the first increase to commence on July 1, 2022. Orange County Sanitation District Printed on 7/19/2022Page 1 of 5 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT File #:2022-2445 Agenda Date:7/27/2022 Agenda Item No:3. 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 & development PROBLEM The MOUs between OC San and the Supervisor Group and Professional Group bargaining units that became effective on July 1,2019,expired on June 30,2022.OC San has a legal duty to bargain in good faith with represented labor groups and to sign any collective bargaining agreement that has been reached. PROPOSED SOLUTION Adopt Resolution No.OC SAN 22-22,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 2022/2023, 2023/2024 & 2024/2025”. TIMING CONCERNS OC San and SPMG have bargained in good faith and have reached tentative agreement on successor MOUs that shall go into effect July 2022, contingent on Board approval. RAMIFICATIONS OF NOT TAKING ACTION Some of the impacts of not approving success labor agreements include labor instability,employee morale, and impasse. PRIOR COMMITTEE/BOARD ACTIONS On October 27,2021,the Board of Directors selected Laura Droltz Kalty from Liebert Cassidy Whitmore to serve as OC San’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 23, 2022 - Steering Committee and Board Meeting ·March 23, 2022 - Steering Committee and Board Meeting ·April 27, 2022 - Steering Committee and Board Meeting Orange County Sanitation District Printed on 7/19/2022Page 2 of 5 powered by Legistar™ File #:2022-2445 Agenda Date:7/27/2022 Agenda Item No:3. ·May 25, 2022 - Steering Committee and Board Meeting ·June 22, 2022 - Steering Committee and Board Meeting 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 authorization,OC San reached a full tentative agreement with SPMG on June 23, 2022,including a three-year contract with a 4.5%salary increase in the first year,a 4%salary increase in the second year,and a 3.5%salary increase for the final 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 14, 2022. Additionally,through negotiations the parties agreed to upgrade the following classifications:Chief Plant Operator (SUP88 to SUP90),Information Technology Supervisor (SUP88 to SUP90),and Maintenance Supervisor (SUP82 to SUP84). 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, 2022. 2.Article 2, Duration: Agreement terminates on June 30, 2025. 3.Article 10,Discipline and Dismissal:Employees who fail to provide any notice to their supervisor and fail to report to work as scheduled shall be considered “no call/no show”and shall be subject to discipline,up to and including termination.Employees who fail to provide any notice to their supervisor and fail to report to work for three (3)or more consecutive days will be considered to have abandoned their job and shall be subject to discipline up to and including termination. 4.Article 11,Grievance Procedure:Language to specify that a copy of the grievance documentation must be submitted to the Director of Human Resources in addition to the Department Head. 5.Article 13,Salary Adjustments and Compensation:Salary:Year 1 -4.5%Salary Increase, effective the first pay period of July 2022;Year 2 -4%Salary Increase,effective the first pay period of July 2023;Year 3 -3.5%Salary Increase,effective the first pay period of July 2024. One-time lump sum payment of $1500 for each member of the group hired or promoted as of the last day of the first full pay period in July 2022. 6.Article 15,Deferred Compensation:Effective the first full pay period in July 2022,employees Orange County Sanitation District Printed on 7/19/2022Page 3 of 5 powered by Legistar™ File #:2022-2445 Agenda Date:7/27/2022 Agenda Item No:3. 6.Article 15,Deferred Compensation:Effective the first full pay period in July 2022,employees covered by OCERS Plans B and U and who participate in the deferred compensation plan,are eligible to receive up to a $235 per month matching OC San contribution. 7.Article 16,Holidays:Add Martin Luther King,Jr.holiday,and remove Lincoln’s birthday. Updated floating holiday language to say "hours equal to 1 workday",may be used in quarter hour increments rather than full day. 8.Article 17,Hours of Work:OC San may provide the option of telecommuting,as set forth in the Telecommuting Policy. 9.Article 20,Insurance:Inclusion of the previously negotiated Health Reimbursement Arrangement reopener language.Effective the last full pay period in October 2022,OC San will contribute $50 per month to each employee’s HRA account.Calculation of benefits for retiring employees is based on continuous service for benefitted employment only,time worked as an intern or in a non-benefitted status will not count. 10.Article 23,Probationary Period:Change from six months to one year.Add language clarifying at-will status of probationary employees. 11.Article 27,Leaves of Absence with Pay:Add language to support HRA contributions based on applicable accrued leave banks. 12.Article 29,Classification Studies:Add language to clarify that employee reclassification request decisions made by the Human Resources Department are final and not subject to appeal,problem-solving,or the grievance processes.Include language for a re-opener to meet and confer regarding the comparison agencies used for any classification and compensation studies. 13.Article 51,Resignation:Employees are expected to give a minimum of two (2)weeks written notification when terminating employment with OC San.OC San may accept in writing any verbal or written resignation at any time and deem such resignation irrevocable.Voluntary written resignation of employment with OC San is automatically deemed irrevocable after seventy-two (72)hours from OC San’s receipt of the resignation except by approval of the Human Resources Department. Listed below are articles with proposed housekeeping changes in the tentative agreement by article number. Additionally, references to “OCSD” were updated to “OC San” throughout the MOU. Article 14 - Severance Pay Article 25 - Retirement Article 28 - Leave-of-Absence Without Pay CEQA N/A FINANCIAL CONSIDERATIONS The total cost is $14,743,298 over the term of the agreement. This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been budgeted. Orange County Sanitation District Printed on 7/19/2022Page 4 of 5 powered by Legistar™ File #:2022-2445 Agenda Date:7/27/2022 Agenda Item No:3. ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Resolution No. OC SAN 22-22 ·Supervisor MOU (redlined version) ·Professional MOU (redlined version) ·Salary Schedules - Supervisor Current Rates ·Salary Schedules - Supervisor Proposed Rates Orange County Sanitation District Printed on 7/19/2022Page 5 of 5 powered by Legistar™ OC SAN 22-22-1 RESOLUTION NO. OC SAN 22-22 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 2022/2023, 2023/2024 & 2024/2025 WHEREAS, on August 28, 2019, the Board of Directors (“Directors”) of the Orange County Sanitation District (OC San) 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, 2019 through June 30, 2022 (“2019 MOUs”). WHEREAS, prior to the expiration of the 2019 MOUs on January 25, 2022, SPMG requested to meet and confer regarding successor MOUs. WHEREAS, pursuant to Government Code Section 3500, et seq., representatives of SPMG have met and conferred with the representatives of OC San 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 during the first pay period in the current fiscal year; WHEREAS, through negotiations the parties agreed to upgrades of the following classifications: Chief Plant Operator (SUP88 to SUP90), Information Technology Supervisor (SUP88 to SUP90), and Maintenance Supervisor (SUP82 to SUP84); and WHEREAS, the parties have modified the 2022 MOUs between OC San 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, 2022, and terminating June 30, 2025, as reflected in the Cover Page and Articles 1 and 2 of the MOUs.  Discipline and Dismissal has been modified as set forth below and as reflected in Article 10 of the MOUs: o Employees who fail to provide any notice to their supervisor and fail to report to work as scheduled shall be considered “no call/no show” and shall be subject to discipline, up to and including termination. Employees who fail to provide any notice to their supervisor and fail to report to work for three (3) or more consecutive days will be considered to have abandoned their job and shall be subject to discipline up to and including termination. OC SAN 22-22-2  Grievance Procedure has been modified as set forth below and as reflected in Article 11 of the MOUs: o Language added to specify that a copy of the grievance documentation must be submitted to the Director of Human Resources or designee in addition to the Department Head.  Salary Adjustments and Compensation has been modified as set forth below and as reflected in Article 13 of the MOUs: o Year 1 – 4.5% Salary Increase, effective the first pay period of July 2022. o Year 2 – 4.0% Salary Increase, effective the first pay period of July 2023. o Year 3 – 3.5% Salary Increase, effective the first pay period of July 2024. o One-Time Lump Sum Payment – Employees hired or promoted into the Group as of the last day of the first full pay period in July 2022 will receive a $1,500 one-time payment.  Severance Pay has been modified as set forth below and as reflected in Article 14 of the MOUs: o Deleted: Employees are expected to give a minimum of two (2) weeks written notification when terminating employment with the District.  Deferred Compensation has been modified as set forth below and as reflected in Article 15 of the MOUs: o Effective the first full pay period in July 2022, employees covered by OCERS Plans B and U and who participate in the deferred compensation plan, are eligible to receive up to a $235 per month matching OC San contribution.  Holidays has been modified as set forth below and as reflected in Article 16 of the MOUs: o Add Martin Luther King, Jr. holiday, and remove Lincoln’s birthday. o Updated floating holiday language to say, “Employees will be granted “Floating Holiday” hours equal to and no less than one (1) regular workday during each calendar year. Floating Holiday hours may be utilized in one quarter (.25) hour increments." o Employees must use the “Floating Holiday” within the calendar year it is granted, and it is not subject to cash out or eligible for any mandatory payout regardless of the reason.  Hours of Work has been modified as set forth below and as reflected in Article 17 of the MOUs: o OC San may provide the option of telecommuting, as set forth in the Telecommuting Policy.  Insurance has been modified as set forth below and as reflected in Article 20 of the MOUs: OC SAN 22-22-3 o Inclusion of the previously negotiated Health Reimbursement Arrangement reopener language. o Effective the last full pay period in October 2022, OC San will contribute $50 per month to each employee’s HRA account. o Add language to reflect that calculation of benefits for retiring employees is based on continuous service for benefitted employment only, time worked as an intern or in a non-benefitted status will not count.  Probationary Period has been modified as set forth below and as reflected in Article 23 of the MOUs: o Add language to reflect that the initial probationary period has been changed from six (6) months to one (1) year. o New employees serving their initial probationary period shall be eligible for Development Pay and/or certification/license reimbursement the first day of the pay period following six months of employment without a break in service. o An employee may be released during his/her initial probationary period at the discretion of OC San without recourse to the Grievance, Discipline or Appeal Procedure (i.e., an employee is “at-will” during his/her initial probationary period). Employees within the initial probationary period do not have any property rights in their job during probation and may be separated with or without cause.  Retirement has been modified as set forth below and as reflected in Article 25 of the MOUs: o Delete language regarding Plan G as there are no longer any Plan G members.  Leave of Absence with Pay has been modified as set forth below and as reflected in Article 27 of the MOUs: o Add language to support HRA contributions based on applicable accrued leave banks.  Classification Studies has been modified as set forth below and as reflected in the MOUs: o Add language to clarify that employee reclassification request decisions made by the Human Resources Department are final and not subject to appeal, problem-solving, or the grievance process. o Reopener: OC San and SPMG agree to reopen this Agreement to meet and confer regarding the comparison agencies used for any classification and compensation studies.  Resignation has been modified as set forth below and as reflected in Article 51 of the MOUs: o Employees resigning from OC San are expected to give a minimum of two (2) weeks advanced written notice prior to leaving. OC San may accept in OC SAN 22-22-4 writing any verbal or written resignation at any time and deem such resignation irrevocable. Voluntary written resignation of employment with OC San is automatically deemed irrevocable after seventy-two (72) hours from OC San’s receipt of the resignation except by approval of the Human Resources Department.  Housekeeping o Changes have been made throughout the MOUs to reflect the name change from OCSD to OC San. o Changes have been made to modify language in accordance with law (i.e. CFRA leave). 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, 2022 through June 30, 2025 and position upgrades as outlined herein are hereby approved. Section 2. The General Manager is authorized to sign the Memoranda of Understanding with SPMG for the period of July 1, 2022 through June 30, 2025, in a form approved by General Counsel. PASSED AND ADOPTED at a regular meeting held July 27, 2022. __________________________ Chad P. Wanke Board Chairman APPROVED AS TO FORM: ______________________________ Bradley R. Hogin General Counsel ATTEST: ______________________________ Kelly A. Lore Clerk of the Board OC SAN 22-22-5 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. OC SAN 22-22 was passed and adopted at a regular meeting of said Board on the 27th day of July 2022, 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 27th day of July 2022. Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District OR040\039\10130397.v1 MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE EMPLOYEES IN THE SUPERVISOR GROUP July 1, 202219 through June 30, 20252 Page ii OR040\039\10130397.v1 TABLE OF CONTENTS ARTICLE 1. - RECOGNITION .............................................................................................................................1 ARTICLE 2. - DURATION....................................................................................................................................1 ARTICLE 3. - SUCCESSOR AGREEMENT ........................................................................................................1 ARTICLE 4. - GROUP ACCESS .........................................................................................................................1 ARTICLE 5. - GROUP RIGHTS ...........................................................................................................................2 ARTICLE 6. - OC SAN DISTRICT RIGHTS ........................................................................................................2 ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT .................................................................................2 ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT ......................................................................................2 ARTICLE 9. - SAFETY ........................................................................................................................................3 ARTICLE 10. - DISCIPLINE AND DISMISSAL .....................................................................................................3 ARTICLE 11. - GRIEVANCE PROCEDURE .........................................................................................................5 11.4.1. STEP 1 ..................................................................................................................................................... 5 11.4.2. STEP 2 ..................................................................................................................................................... 5 11.4.4. STEP 3 ..................................................................................................................................................... 6 11.4.5. STEP 4 ..................................................................................................................................................... 6 ARTICLE 12. - PROBLEM SOLVING PROCEDURE ...........................................................................................6 ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION ....................................................................7 13.3. MERIT PAY ............................................................................................................................................... 7 13.4. PERFORMANCE MANAGEMENT PROGRAM ................................................................................................... 7 13.5. DEVELOPMENT PAY ................................................................................................................................... 7 13.8. SALARY RANGE ADJUSTMENTS .................................................................................................................. 8 13.9. INVESTMENT INCENTIVE SALARY (IIS) ........................................................................................................ 8 ARTICLE 14. - SEVERANCE PAY ........................................................................................................................8 ARTICLE 15. - DEFERRED COMPENSATION ....................................................................................................9 ARTICLE 16. - HOLIDAYS ....................................................................................................................................9 16.2. FLOATING HOLIDAY ................................................................................................................................. 10 ARTICLE 17. - HOURS OF WORK .................................................................................................................... 10 ARTICLE 18. ...................................................................................................................................................... 11 ARTICLE 19. ................................................................................................................................................... 11 ARTICLE 20. - INSURANCE .............................................................................................................................. 11 20.3. MEDICAL INSURANCE ............................................................................................................................... 11 20.8. GROUP INSURANCE PREMIUMS ................................................................................................................ 11 20.9. LIFE INSURANCE...................................................................................................................................... 11 20.10 SHORT TERM DISABILITY ………………………………………………………………………………………..11 20.11. LONG TERM DISABILITY ........................................................................................................................... 12 20.12. DENTAL INSURANCE ................................................................................................................................ 12 20.13. VISION INSURANCE .................................................................................................................................. 12 20.14 RETIRING EMPLOYEES …………………………………………………………………………………………12 20.15. HEALTH RETIREMENT ACCOUNT REOPENEREIMBURSEMENT ARRANGEMENT .............................................. 12 ARTICLE 21. - REIMBURSEMENT ACCOUNT................................................................................................. 14 Page iii OR040\039\10130397.v1 21.2. MEDICAL REIMBURSEMENT ACCOUNT ...................................................................................................... 14 21.3. DEPENDENT CARE ASSISTANCE ACCOUNT ............................................................................................... 14 ARTICLE 22. - EXTRAORDINARY SERVICES COMPENSATION .................................................................. 14 ARTICLE 23. - PROBATIONARY PERIOD ....................................................................................................... 15 ARTICLE 24. - PROMOTIONS ........................................................................................................................... 16 ARTICLE 25. - RETIREMENT ............................................................................................................................ 16 25.1.1. EMPLOYEES HIRED PRIOR TO SEPTEMBER 21, 1979 ................................................................................. 16 25.1.2. EMPLOYEES HIRED ON OR AFTER SEPTEMBER 21, 1979 AND BEFORE OCTOBER 1, 2010 ........................... 16 25.1.3. EMPLOYEES HIRED ON OR AFTER OCTOBER 1, 2010 AND BEFORE JANUARY 1, 2013 .............................. 1416 25.1.4. EMPLOYEES HIRED ON OR AFTER JANUARY 1, 2013 .............................................................................. 1516 ARTICLE 26. - SHIFT DIFFERENTIAL .............................................................................................................. 17 ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY ............................................................................................ 17 27.1. VACATION LEAVE .................................................................................................................................... 17 27.2. SICK LEAVE ............................................................................................................................................ 18 27.3. JURY DUTY LEAVE .................................................................................................................................. 20 27.4. WITNESS LEAVE ...................................................................................................................................... 20 27.5. MILITARY LEAVE ...................................................................................................................................... 21 27.6. BEREAVEMENT LEAVE ............................................................................................................................. 21 27.7. ADMINISTRATIVE LEAVE ........................................................................................................................... 21 ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY .................................................................................... 22 28.3. SUBSTITUTION OF PAID LEAVE. ............................................................................................................ 2222 28.4. PERMISSIBLE USES ................................................................................................................................. 23 28.5. GENERAL PROVISIONS ........................................................................................................................ 2123 ARTICLE 29. - CLASSIFICATION STUDIES ..................................................................................................... 26 29.3. Y-RATING ............................................................................................................................................... 26 ARTICLE 30. - DRIVER’S LICENSE .................................................................................................................. 27 ARTICLE 31. - LAYOFF PROCEDURE ............................................................................................................. 27 ARTICLE 32. - LIGHT DUTY .............................................................................................................................. 28 ARTICLE 33. - MEDICAL EXAMINATION ......................................................................................................... 28 ARTICLE 34. - MILEAGE ALLOWANCE ........................................................................................................... 28 ARTICLE 35. - ACTING PAY ............................................................................................................................. 28 ARTICLE 36. ...................................................................................................................................................... 28 ARTICLE 37. - PERSONNEL FILES .................................................................................................................. 28 ARTICLE 38. - BULLETIN BOARDS ................................................................................................................. 29 ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS ........................................................ 29 ARTICLE 40. - USE OF OC SANDISTRICT FACILITIES .................................................................................. 29 ARTICLE 41. - SCOPE OF BARGAINING ......................................................................................................... 29 ARTICLE 42. - IMPASSE PROCEDURES ......................................................................................................... 29 42.2. IMPASSE PROCEDURES ........................................................................................................................... 30 ARTICLE 43. - SEVERABILITY ......................................................................................................................... 30 ARTICLE 44. - UNIFORMS ................................................................................................................................ 30 Page iv OR040\039\10130397.v1 ARTICLE 45. - SUBSTANCE ABUSE POLICY ................................................................................................. 30 45.2. DEPARTMENT OF TRANSPORTATION (DOT) REGULATIONS .................................................................... 2829 45.3. OC SANDISTRICT'S SUBSTANCE ABUSE POLICY ................................................................................... 3030 ARTICLE 46. - NEW EMPLOYEE ORIENTATION AND DUES DEDUCTIONS ............................................... 31 ARTICLE 47. - MAINTENANCE OF MEMBERSHIP ......................................................................................... 32 ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES .............................................................................. 32 ARTICLE 49. ...................................................................................................................................................... 32 ARTICLE 50. - WORKPLACE VIOLENCE AND WEAPONS POLICY ............................................................. 32 ARTICLE 51. - RESIGNATION .......................................................................................................................... 32 ARTICLE 52. ...................................................................................................................................................... 32 SIGNATURE PAGE .............................................................................................................................................. 33 APPENDIX A ................................................................................................................................................. 3233 Page 1 of 3336 OR040\039\10130397.v1 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. 99-24OCSD 18-18 of the Joint Orange County Sanitation District’s (OC San) Boards of Directors, OC Santhe 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, 202219, is entered into between the Orange County Sanitation District, referred to hereinafter as the "OC SanDistrict", and the Supervisor Group, referred to hereinafter as "Group”, as a mutual recommendation to the Board of Directors of the DistrictOC San of those wages, hours of work, and terms and conditions of employment. ARTICLE 2. - DURATION 2.1. This Agreement will be binding on the DistrictOC San and the Group when approved and adopted by the DistrictOC San’s Board of Directors. This Agreement will terminate on June 30, 20252. Any issue regarding the question of representation shall be brought pursuant to the Employer-Employee Relations Resolutions (EERR), Resolution No. OCSD 99-2418-18. 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 DistrictOC San 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 DistrictOC San operations, or with the work of employees in any manner. The DistrictOC San reserves the right to restrict access in certain areas designated confidential or secure. Page 2 of 3336 OR040\039\10130397.v1 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 DistrictOC San 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 DistrictOC San 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. -– OC SANDISTRICT RIGHTS 6.1. District OC San inherent rights, powers, functions, duties, responsibilities and authority related to a managerial or administrative character are reserved to the DistrictOC San in its exercise of management decision-making, except as specifically modified by the express provisions of this Memorandum. DistrictOC San 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 DistrictOC San operations; determine the methods, means and personnel by which DistrictOC San 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. DistrictOC San 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. DistrictOC San 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 DistrictOC San 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 DistrictOC San'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 --- Page 3 of 3336 OR040\039\10130397.v1 8.1. The DistrictOC San 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 DistrictOC San 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 DistrictOC San facilities, and may occur only in areas posted for smoking. ARTICLE 9. - SAFETY 9.1. It is the duty of the DistrictOC San 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 DistrictOC San, 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 DistrictOC San 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 an OC San 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 DistrictOC San will notify the employee in writing of the action that will be taken. Such action may not involve Page 4 of 3336 OR040\039\10130397.v1 discipline more severe than that described in the Notice of Intent; however, the DistrictOC San may reduce discipline without further notice. Further clarification of the disciplinary policies and procedures are covered in the DistrictOC San’s Personnel Policies & 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 DistrictOC San property or funds, fighting on the job, insubordination, acts endangering people or property, “no- call/no-show” or other serious misconduct. The DistrictOC San may substitute documented suspensions without pay for written reprimands. 10.6.1.10.7.1. Employees who fail to provide any notice to their supervisor and fail to report to work as scheduled shall be considered “no call/no show” and shall be subject to discipline, up to and including termination. Employees who fail to provide any notice to their supervisor and fail to report to work for three (3) or more consecutive days will be considered to have abandoned their job and shall be subject to discipline up to and including termination. 10.7.10.8. 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 DistrictOC San. 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. 10.8.10.9. 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. 10.9.10.10. 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 DistrictOC San proposed discipline. 10.10.10.11. 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 Page 5 of 3336 OR040\039\10130397.v1 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 DistrictOC San by an individual employee within the Group or by the Group. The DistrictOC San 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 DistrictOC San 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 DistrictOC San 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, with a copy provided to the Director of Human Resources or designee. This request for formal review must be presented on a form provided by the DistrictOC San 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) Page 6 of 3336 OR040\039\10130397.v1 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 DistrictOC San 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 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 DistrictOC San 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 DistrictOC San 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 DistrictOC San 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 Page 7 of 3336 OR040\039\10130397.v1 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. 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 –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 –Eligible employees who obtain or who have obtained an District OC San 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 DistrictOC San 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. Page 8 of 3336 OR040\039\10130397.v1 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. 13.7.13.8. Salary Range Adjustments 13.7.1.13.8.1. Effective the first pay period in July 202219, employees under this Agreement will receive salary range adjustments at a flat rate of 4.53.0%. 13.7.2.13.8.2. Effective the first pay period in July 20230, employees under this Agreement will receive salary range adjustments at a flat rate of 43.0%. 13.7.3.13.8.3. Effective the first pay period in July 20241, employees under this Agreement will receive salary range adjustments at a flat rate of 3.50%. 13.8.13.9. Investment Incentive Salary (IIS) 13.8.1.13.9.1. 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. 13.8.2.13.9.2. 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. 13.9.13.10. One-Time Lump Sum Payment – Employees hired or promoted into the Group as of the last day of the first full pay period in July 2022 will receive a $1,500 one-time payment. 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 or release from probation, when a full-time employee is terminated by action of the DistrictOC San, 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 Page 9 of 3336 OR040\039\10130397.v1 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 DistrictOC San approved deferred compensation plan, subject to IRS requirements, and in accordance with all guidelines for voluntary participation established by DistrictOC San management. 15.1.15.2. Effective the first full pay period in July 2022, employees covered by OCERS Plans B and U and who participate in the deferred compensation plan, are eligible to receive up to a $235 per month matching District OC San contribution. ARTICLE 16. - HOLIDAYS 16.1. The days listed below are observed by the DistrictOC San 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 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). The mandatory payout shall be made in the form of a contribution into the employee’s HRA according to Article 20 – Insurance, Health Reimbursement Arrangement, Section 20.15.4. Holidays New Year’s Day Lincoln’s Birthday MLKMartin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day before Christmas Christmas Day Floating Holiday** (refer to Page 10 of 3336 OR040\039\10130397.v1 section 16.2) 16.2. Floating Holiday: Employees will be granted “Floating Holiday” hours equal to and no less than one (1) regular workday during each calendar year. may elect one (1) day during each year as a "Floating Holiday hours may be utilized in one quarter (.25) hour increments.." 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% 4th Quarter (October-December) 0% 16.3. Employees must use the “Floating Holiday” within the year it is granted, and it is not subject to cash out or eligible for any mandatory payout regardless of reason. 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 DistrictOC San Policy. 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 DistrictOC San 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 DistrictOC San premises and perform any work as necessary. 17.2. The DistrictOC San 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. 17.3. OC San may provide the option of telecommuting, as set forth in the Telecommuting Policy. Page 11 of 3336 OR040\039\10130397.v1 ARTICLE 18. (This article intentionally left blank) ARTICLE 19. (This article intentionally left blank) ARTICLE 20. - INSURANCE 20.1. The DistrictOC San 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 DistrictOC San 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 DistrictOC San 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 DistrictOC San 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 DistrictOC San and employees currently pay premiums. Before the renewal of any DistrictOC San 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 DistrictOC San Policy. 20.6. The HDHP will be accompanied by a Health Savings Account (HSA) to pay for qualified medical expenses. OCSDOC San 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 DistrictOC San’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 DistrictOC San's aforementioned annual premium cost savings. 20.7. The DistrictOC San 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 DistrictOC San will pay the full premium for $50,000 term life insurance on each employee. Page 12 of 3336 OR040\039\10130397.v1 20.10. Short Term Disability 20.10.1. The DistrictOC San 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 DistrictOC San 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 OCSDOC San’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 DistrictOC San paid Long Term Disability may purchase such coverage at their own expense. 20.12. Dental Insurance 20.12.1. The DistrictOC San will contribute 80% of employee only and full family premiums for dental insurance. 20.13. Vision Insurance 20.13.1. The DistrictOC San 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 DistrictOC San Policy. 20.14. Retiring Employees 20.13.2. 20.13.3.20.14.1. The DistrictOC San 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 DistrictOC San medical plan. 20.13.4.20.14.2. In the event the DistrictOC San adds additional optional insurance plans, the DistrictOC San's share of the premium will be the same as for existing plans as set forth above. In the event the DistrictOC San changes underwriters for existing insurance plans, the DistrictOC San's share of the premium will be the same as for existing insurance Page 13 of 3336 OR040\039\10130397.v1 plans as set forth above. 20.14.3. The DistrictOC San 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 year of continuous service up to a maximum of 25 years or $250 per month. 20.14.4. Continuous service is calculated based on benefitted employment. Time as an intern or in non-benefitted status shall not count toward continuous service. 20.15. Health Reimbursement Arrangement: OC San will establish a Health Reimbursement Arrangement (HRA) for all employees in the Group, per Internal Revenue Guidance Rev. Rul. 2002-41 and Rev. No. 2002-45. 20.15.1. All employees of the Group shall be required to contribute uniformly to the HRA according to the following plan design and may not opt out. 20.15.2. All mandatory sick leave payouts shall be contributed to the employee’s HRA according to the provisions in Article 27 – Leave of Absence with Pay, Sections 27.2.5 and 27.2.11. 20.15.3. All mandatory vacation payouts shall be contributed to the employee’s HRA in accordance with Article 27 – Leave of Absence with Pay, Section 27.1.5. 20.15.4. All mandatory compensatory payouts shall be contributed to the employee’s HRA in accordance with Article 16 - Holidays, Section 16.1. 20.15.5. In the event of death while employed at OC San, any compensation as a result of any accrued and unused sick leave, vacation leave, and compensatory leave payouts shall be paid to the employee’s designated beneficiaries. 20.15.6. In the event of death, the employee’s HRA account and all remaining monies within the account shall be transferred to the qualified dependent of record. The qualified dependent of record is a designation defined by IRS rules rather than an employee-chosen beneficiary. In the event there is no qualified dependent of record, all assets in the HRA shall be forfeited and distributed on a non-discriminatory basis to remaining plan participants. 20.15.7. In the event of termination by OC San, any compensation as a result of accrued and unused sick leave, vacation leave, and compensatory leave payouts shall be paid directly to the employee. 20.15.8. OC San shall pay the administrative costs of the HRA plan up to a maximum of $30 per year per employee. Employees shall be responsible for any asset management fees. 20.13.5.20.15.9. Effective the last full pay period following the establishment of HRA accounts for the Groupin October 2022, OC San will contribute $50 per month to each employee’s HRA account. ARTICLE 21. Health Retirement Account (HRA) Reopener: The Page 14 of 3336 OR040\039\10130397.v1 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.- 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 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 carechildcare expenses or day care for a disabled dependent. 21.3.1. 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. 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 Page 15 of 3336 OR040\039\10130397.v1 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 monthsone-year 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. New employees serving their initial probationary period shall be eligible for Development Pay and/or certification/license reimbursement the first day of the pay period following six months of employment without a break in service. 23.2.23.4. An employee may be released during his/her initial Pprobationary Pperiod at the discretion of the DistrictOC San without recourse to the Grievance, Discipline or Appeal Procedure .(i.e., an employee is “at-will” during his/her Pprobationary Pperiod). Probationary eEmployees within the initial probationary period do not have any property rights in their job during probation and may be separated with or without cause. 23.3.23.5. 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. ------------------- Page 16 of 3336 OR040\039\10130397.v1 ARTICLE 24. – PROMOTIONS 24.1. A promotion is the appointment of an employee to another classification with a higher maximum rate of pay. The DistrictOC San will determine whether a vacant position will be filled as an open or promotional recruitment. Whenever the DistrictOC San intends to fill a position by promotion, the DistrictOC San 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 DistrictOC San’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 DistrictOC San 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 DistrictOC San 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 weekweek, or more are considered members. The following retirement program is in effect pursuant to the contract between OCERS and the DistrictOC San. 25.1.1. Employees hired prior to September 21, 1979: The DistrictOC San 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. 25.1.2. Employees hired on or after September 21, 1979 and before October 1, 2010: The DistrictOC San 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 DistrictOC San 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 DistrictOC San 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. Page 17 of 3336 OR040\039\10130397.v1 25.1.3.1. The DistrictOC San 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 DistrictOC San 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 DistrictOC San 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 $3.00 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 DistrictOC San Policy. 27.1.3. Vacation leave may only be utilized in increments of one-quarter hour or more. Vacation leave is accrued for all paid hours, including hours actually worked and hours in a paid-leave payroll status. Page 18 of 3336 OR040\039\10130397.v1 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 tocontributed into the employee’s HRA according to Article 20 – Insurance, Health Reimbursement Arrangement, Section 20.15.3. This will occur in the 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 DistrictOC San 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 DistrictOC San 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 in October at their current hourly rate according to the following payoff schedule. The mandatory payout shall be made in the form of a contribution into the employee’s HRA according to Article 20 – Insurance, Health Reimbursement Arrangement, Section 20.15.2: Accrued Sick Leave Hours Rate of Payoff 0-100 0% 101-240 25% Page 19 of 3336 OR040\039\10130397.v1 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 DistrictOC San 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 (0.25) hour increments. 27.2.8.27.2.9. 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. 27.2.9.27.2.10. 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. 27.2.10.27.2.11. 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 Page 20 of 3336 OR040\039\10130397.v1 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 in the chart below. The mandatory payout shall be made in the form of a contribution into the employee’s HRA according to Article 20 – Insurance, Health Reimbursement Arrangement, Section 20.15.2:.: 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 (½) 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 DistrictOC San 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 21 of 3336 OR040\039\10130397.v1 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 DistrictOC San 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 DistrictOC San 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 22 of 3336 OR040\039\10130397.v1 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 DistrictOC San 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 DistrictOC San 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 and/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 and/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 23 of 3336 OR040\039\10130397.v1 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 23) 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 24 of 3336 OR040\039\10130397.v1 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 DistrictOC San requests thirty (30) days advance notice. 28.5.2. Medical Certification 28.5.2.1. As a condition of FMLA and/or CFRA Leave because of a serious health condition, the DistrictOC San 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/or CFRA Leave, the DistrictOC San 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 and/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 DistrictOC San's obligation to continue health and dental or other benefits will cease. 28.5.5. DistrictOC San 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 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 DistrictOC San management to attend to personal matters, or for FMLA and/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 DistrictOC San's and the employee’s Page 25 of 3336 OR040\039\10130397.v1 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 DistrictOC San within one (1) year, the DistrictOC San 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 and/or CFRA Leave, or any DistrictOC San-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 Page 26 of 3336 OR040\039\10130397.v1 cases, the employee will receive advance notification of the DistrictOC San’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 DistrictOC San 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. DistrictOC San 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. The findings of the Human Resources Department are final and not subject to the appeal, problem-solving or grievance processes. 29.2.2. 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 DistrictOC San'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. 29.2.1. 29.3. Y-Rating 29.3. 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 DistrictOC San’s staffing requirements, organizational structure or “bumping” associated with layoffs. Y-rating shall not apply in cases involving disciplinary actions or voluntary Page 27 of 3336 OR040\039\10130397.v1 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. 29.4. Reopener: OC San and SPMG agree to reopen this Agreement to meet and confer regarding the comparison agencies used for any classification and compensation studies. ARTICLE 30. - DRIVER’S LICENSE 30.1. Employees who are required by the DistrictOC San 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 DistrictOC San 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 DistrictOC San's management discretion. 30.3. The DistrictOC San will continue to pay the license renewals and physical examination costs of Class A and B licenses that are specifically required by the DistrictOC San. ARTICLE 31. - LAYOFF PROCEDURE 31.1. If, in the sole discretion of DistrictOC San'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 Page 28 of 3336 OR040\039\10130397.v1 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 DistrictOC San. 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 DistrictOC San 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 DistrictOC San time and at DistrictOC San 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 DistrictOC San business will be reimbursed at the current IRS rate. ARTICLE 35. - ACTING PAY 35.1. Employees who are assigned by DistrictOC San 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 Page 29 of 3336 OR040\039\10130397.v1 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 DistrictOC San employees provided that: (a) no controversial matter which is critical or derogatory of the DistrictOC San, its employees, officers or Directors may be posted; (b) nothing posted by the DistrictOC San 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 DistrictOC San permit the time away from assigned work. ARTICLE 40. - USE OF DISTRICT OC SAN FACILITIES 40.1. DistrictOC San 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 DistrictOC San operations. The Group agrees to pay for the cost of any additional custodial or security services. ARTICLE 41. - SCOPE OF BARGAINING 41.1. The DistrictOC San 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 DistrictOC San 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 DistrictOC San 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. Page 30 of 3336 OR040\039\10130397.v1 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 DistrictOC San and Group. 42.2.3. Board Actions: If the parties fail to resolve the impasse, the dispute will be sent to the DistrictOC San 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 DistrictOC San, the DistrictOC San 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 DistrictOC San will provide and maintain ten (10) uniform pants and shirts, which may include the name of the employee and DistrictOC San seal, at no cost to employees whose duties require that they wear uniforms. The DistrictOC San 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 DistrictOC San 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 DistrictOC San’s Substance Abuse Policy will apply to all Group members. The DistrictOC San and the Group agree to meet and confer for any proposed revisions to the policy. The DistrictOC San 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 Page 31 of 3336 OR040\039\10130397.v1 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 DistrictOC San's Anti-Drug and Alcohol Program. The DistrictOC San 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. DistrictOC San’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 46.1. New Employee Orientation 46.1.1. The Group will be allowed up to one 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 at least 10 days prior to the session, or as soon as practicable, and will include pertinent session details. 46.1.2. The DistrictOC San 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 DistrictOC San will notify the Group as soon as possible in advance of the session. 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. 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. 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, work location, work phone, work e-mail, hire date, home address, home phone, home e-mail, cell phone, , and deduction amount(s) and type(s). 46.2.2. The Group shall indemnify, defend and hold the DistrictOC San harmless against any liability from any claims, demands, or other action related to the DistrictOC San’s deduction of Union Dues, including claims related to the Union’s use of Page 32 of 3336 OR040\039\10130397.v1 monies collected under these provisions. 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 DistrictOC San 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 DistrictOC San 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 DistrictOC San’s Workplace Violence and Weapons Policy will apply to all Group members. The DistrictOC San and the Group agree to meet and confer for any proposed revisions to the policy. ARTICLE 51. - RESIGNATION 51.1. Employees resigning from OC San are expected to give a minimum of two (2) weeks written notification when terminating employment with the DistrictOC Sanadvanced written notice prior to leaving. OC San may accept in writing any verbal or written resignation at any time and deem such resignation irrevocable. Voluntary written resignation of employment with the DistrictOC San is automatically deemed irrevocable after seventy-two (72) hours from the DistrictOC San’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 33 of 3336 OR040\039\10130397.v1 SIGNATURE PAGE 202219 – 20252 MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE EMPLOYEES OF THE SUPERVISOR GROUP Executed: ________________________________ SUPERVISOR GROUP ORANGE COUNTY SANITATION DISTRICT Steve KoffrothRussell Maitland, Business Representative, AFSCME Council 36 (Affiliate of SPMG) Laura Drottz Kalty, Lead Negotiator Larry Roberson, Senior Contracts AdministratorLuis Schmidt, Business Representative, AFSCME Council 36 (Affiliate of SPMG Celia Chandler, Director of Human Resources Marc Brown, Principal Staff Analyst Laura Maravilla, Human Resources & Risk Manager Angela Brandt, Accounting Supervisor Andrew Nau, Human Resources Supervisor Nick Oswald, Maintenance SupervisorBob Bell, Maintenance Supervisor Thys DeVries, Principal Human Resources AnalystJanine Aguilar, Human Resources Supervisor Dickie Fernandez, EngineerBrian Bingman, Engineering Supervisor Janine Aguilar, Human Resources SupervisorThys DeVries, Principal Human Resources Analyst Stephanie Barron, Senior Human Resources Analyst Page 34 of 3336 OR040\039\10130397.v1 ____________________________________ Stephanie Barron, Senior Human Resources Analyst APPENDIX A Medical Insurance Plan Design Components1,2 CURRENT STATE Plan Design Component PPO High Deductible Health Plan In-Network Non-Network In-Network Non-Network Deductible $150 / $450 $1,350 400 / $2,700800 Annual Out-of- Pocket Max/Member $2,000 $3,000 $2,500 $5,000 Annual Out-of- Pocket Max/Family $4,000 $6,000 $5,000 $10,000 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 Not Covered Inpatient Hospitalization 10% 30% + $500 10% 30% (up to $1,000600/day, non- emergency) + $500 Outpatient Hospitalization/Surgery 10% 30% 10% 30% (up to $350/admit) Emergency Room $100 / Visit + 10% (copay waived if admitted) $100 / Visit + 10% (copay waived if admitted) Infertility Benefits Not Covered Not Covered Urgent Care $15/Visit 30% 10% 30% Chiropractic $15 / Visit (30 visits/year) 30% (30 visits/year) 10% / Visit (30 visits/year) 30% / Visit (30 visits/year) Opt-Out from Plan Yes Yes Yes Prescription Drugs Generic / Brand / Non-Preferred Brand Generic / Brand/ Non-Preferred Brand Generic / Brand / Non-Preferred Brand Retail $5 / $20 / $35 (30-day supply) Not Covered50% of the $10 / $25 / $40 after deductible (30-day supply) $10 plus 25% / $25 plus 25% / $40 plus 25% (30-day supply Not Covered Page 35 of 3336 OR040\039\10130397.v1 prescription drug maximum allowed amount & costs in excess up to $250 per prescription Mail Order $5 / $40 / $70 (90-day supply) Not Covered $20 / $50 / $80 after deductible (90-day supply) Not Covered 1 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 $5,000 Individual $10,000 Family Annual Out-of- Pocket Max/Member $1,500 $1,500 $6,250 Annual Out-of- Pocket Max/Family $3,000 $3,000 $12,500 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 Hospitalization/Surgery $50 Admit $15 Co-pay (per procedure) 30% Emergency Room $100 / Visit (waived if admitted) $100 / Visit (waived if admitted) $300 / Visit (waived if admitted) Infertility Benefits Status Quo Status Quo Not Covered Urgent Care $15 / Visit $15 / Visit $60 / Visit Chiropractic $15 / Visit (60 visits/year) * $10 / Visit (30 visits/year) Not Covered Opt-Out from Plan Yes Yes Yes Prescription Drugs Generic / Brand/ Non- Preferred Brand Generic / Brand Generic / Brand Page 36 of 3336 OR040\039\10130397.v1 Retail $5 / $20 / $35 (30-day supply) $5 / $20 (30-day supply) $15 / $50 medical deductible applies (30-day supply) Mail Order $5 / $40 / $70 (90-day supply) $5 / $20 (100-day supply) $30 / $100 medical deductible applies (100-day supply) 1 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. 8971409.1 OR040-031 MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE EMPLOYEES IN THE PROFESSIONAL GROUP July 1, 20222019 through June 30, 20252022 Page ii 8971409.1 OR040-031 TABLE OF CONTENTS ARTICLE 1. - RECOGNITION .............................................................................................................................1 ARTICLE 2. - DURATION....................................................................................................................................1 ARTICLE 3. - SUCCESSOR AGREEMENT ........................................................................................................1 ARTICLE 4. - GROUP ACCESS .........................................................................................................................1 ARTICLE 5. - GROUP RIGHTS ...........................................................................................................................2 ARTICLE 6. - OC SANDISTRICT RIGHTS .........................................................................................................2 ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT .................................................................................2 ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT ......................................................................................2 ARTICLE 9. - SAFETY ........................................................................................................................................3 ARTICLE 10. - DISCIPLINE AND DISMISSAL .....................................................................................................3 ARTICLE 11. - GRIEVANCE PROCEDURE .........................................................................................................5 11.4.1. STEP 1 ..................................................................................................................................................... 5 11.4.2. STEP 2 ..................................................................................................................................................... 5 11.4.4. STEP 3 ..................................................................................................................................................... 6 11.4.5. STEP 4 ..................................................................................................................................................... 6 ARTICLE 12. - PROBLEM SOLVING PROCEDURE ...........................................................................................6 ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION ....................................................................7 13.3. MERIT PAY ............................................................................................................................................... 7 13.4. PERFORMANCE MANAGEMENT PROGRAM ................................................................................................... 7 13.5. DEVELOPMENT PAY ................................................................................................................................... 7 13.8. SALARY RANGE ADJUSTMENTS .................................................................................................................. 8 13.9. INVESTMENT INCENTIVE SALARY (IIS) ........................................................................................................ 8 ARTICLE 14. - SEVERANCE PAY ........................................................................................................................8 ARTICLE 15. - DEFERRED COMPENSATION ....................................................................................................9 ARTICLE 16. - HOLIDAYS ....................................................................................................................................9 16.2. FLOATING HOLIDAY ................................................................................................................................. 10 ARTICLE 17. - HOURS OF WORK .................................................................................................................... 10 ARTICLE 18. ……….. ........................................................................................................................................... 10 ARTICLE 19. ……….. ........................................................................................................................................... 11 ARTICLE 20. - INSURANCE .............................................................................................................................. 11 20.3. MEDICAL INSURANCE ............................................................................................................................... 11 20.8. GROUP INSURANCE PREMIUMS ................................................................................................................ 11 20.9. LIFE INSURANCE...................................................................................................................................... 11 20.10 SHORT TERM DISABILITY………………………………………………………………………………………. 11 20.11. LONG TERM DISABILITY ........................................................................................................................... 12 20.12. DENTAL INSURANCE ................................................................................................................................ 12 20.13. VISION INSURANCE .................................................................................................................................. 12 20.14. RETIRING EMPLOYEES ............................................................................................................................. 12 20.15 HEALTH RETIREMENT ACCOUNT REOPENERREIMBURSEMENT ARRANGEMENT ..………………………………………………………………….12 Page iii 8971409.1 OR040-031 ARTICLE 21. - REIMBURSEMENT ACCOUNT................................................................................................. 13 21.2. MEDICAL REIMBURSEMENT ACCOUNT ...................................................................................................... 14 21.3. DEPENDENT CARE ASSISTANCE ACCOUNT ............................................................................................... 14 ARTICLE 22. - EXTRAORDINARY SERVICES COMPENSATION .................................................................. 14 ARTICLE 23. - PROBATIONARY PERIOD ....................................................................................................... 15 ARTICLE 24. - PROMOTIONS ........................................................................................................................... 15 ARTICLE 25. - RETIREMENT ............................................................................................................................ 16 25.1.1. EMPLOYEES HIRED PRIOR TO SEPTEMBER 21, 1979 ................................................................................. 16 25.1.2. EMPLOYEES HIRED ON OR AFTER SEPTEMBER 21, 1979 AND BEFORE OCTOBER 1, 2010 ........................... 16 25.1.3. EMPLOYEES HIRED ON OR AFTER OCTOBER 1, 2010 AND BEFORE JANUARY 1, 2013 .............................. 1416 16 25.1.4. EMPLOYEES HIRED ON OR AFTER JANUARY 1, 2013 ……………………………………………………………1516 ARTICLE 26. - SHIFT DIFFERENTIAL .............................................................................................................. 17 ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY ............................................................................................ 17 27.1. VACATION LEAVE .................................................................................................................................... 17 27.2. SICK LEAVE ............................................................................................................................................ 18 27.3. JURY DUTY LEAVE .................................................................................................................................. 20 27.4. WITNESS LEAVE ...................................................................................................................................... 20 27.5. MILITARY LEAVE ...................................................................................................................................... 20 27.6. BEREAVEMENT LEAVE ............................................................................................................................. 21 27.7. ADMINISTRATIVE LEAVE ........................................................................................................................... 21 ARTICLE 28. - LEAVE-OF-ABSENCE WITHOUT PAY .................................................................................... 22 28.3. SUBSTITUTION OF PAID LEAVE. ................................................................................................................ 22 28.4. PERMISSIBLE USES ................................................................................................................................. 22 28.5. GENERAL PROVISIONS ...................................................................................................................... 21324 ARTICLE 29. - CLASSIFICATION STUDIES ..................................................................................................... 25 29.3. Y-RATING ............................................................................................................................................... 26 ARTICLE 30. - DRIVER’S LICENSE .................................................................................................................. 26 ARTICLE 31. - LAYOFF PROCEDURE ............................................................................................................. 27 ARTICLE 32. - LIGHT DUTY .............................................................................................................................. 27 ARTICLE 33. - MEDICAL EXAMINATION ......................................................................................................... 27 ARTICLE 34. - MILEAGE ALLOWANCE ........................................................................................................... 28 ARTICLE 35. - ACTING PAY ............................................................................................................................. 28 ARTICLE 36. ……………………………………………………………………………………………………………..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 OC SANDISTRICT FACILITIES .................................................................................. 29 ARTICLE 41. - SCOPE OF BARGAINING ......................................................................................................... 29 ARTICLE 42. - IMPASSE PROCEDURES ......................................................................................................... 29 Page iv 8971409.1 OR040-031 42.2. IMPASSE PROCEDURES ........................................................................................................................... 29 ARTICLE 43. - SEVERABILITY ......................................................................................................................... 30 ARTICLE 44. - UNIFORMS ................................................................................................................................ 30 ARTICLE 45. - SUBSTANCE ABUSE POLICY ................................................................................................. 30 45.2. DEPARTMENT OF TRANSPORTATION (DOT) REGULATIONS…………………………………………………….28 45.3. OC SAN'SDISTRICT'S SUBSTANCE ABUSE POLICYPOLICY .......................................................................... 30 ARTICLE 46. - NEW EMPLOYEE ORIENTATION AND DUES DEDUCTIONS ............................................... 30 ARTICLE 47. - MAINTENANCE OF MEMBERSHIP ......................................................................................... 31 ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES .............................................................................. 31 ARTICLE 49. ……………………………………………………………………………………………………………..32 ARTICLE 50. - WORKPLACE VIOLENCE AND WEAPONS POLICY ............................................................. 32 ARTICLE 51. - RESIGNATION .......................................................................................................................... 32 ARTICLE 52. ……………………………………………………………………………………………………………..32 SIGNATURE PAGE .............................................................................................................................................. 33 APPENDIX A ................................................................................................................................................... 332 Page 1 of 363 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. 99-24OCSD 18-18 of the Joint Orange County Sanitation District’s (OC San) Boards of Directors, OC San'sthe 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, 20222019, is entered into between the Orange County Sanitation District, referred to hereinafter as the "OC SanDistrict", and the Professional Group, referred to hereinafter as "Group”, as a mutual recommendation to the Board of Directors of OC Santhe District of those wages, hours of work, and terms and conditions of employment. ARTICLE 2. - DURATION 2.1. This Agreement will be binding on OC Santhe District and the Group when approved and adopted by OC San’sthe District’s Board of Directors. This Agreement will terminate on June 30, 20252022. Any issue regarding the question of representation shall be brought pursuant to the Employer-Employee Relations Resolutions (EERR), Resolution No. OCSD 99-2418-18. 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 OC Santhe 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 OC SanDistrict operations, or with the work of employees in any manner. OC SanThe District reserves the right to restrict access in certain areas designated confidential or secure. Page 2 of 363 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 OC Santhe 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 OC Santhe 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. – OC SAN- DISTRICT RIGHTS 6.1. OC SanDistrict inherent rights, powers, functions, duties, responsibilities and authority related to a managerial or administrative character are reserved to OC Santhe District in its exercise of management decision-making, except as specifically modified by the express provisions of this Memorandum. OC SanDistrict 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 OC SanDistrict operations; determine the methods, means and personnel by which OC SanDistrict 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. OC SanDistrict 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. OC SanDistrict 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 OC SanDistrict 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 OC San'sthe 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 Page 3 of 363 8971409.1 OR040-031 8.1. OC SanThe 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 OC SanDistrict 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 OC SanDistrict facilities, and may occur only in areas posted for smoking. ARTICLE 9. - SAFETY 9.1. It is the duty of OC Santhe 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 OC Santhe 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 OC Santhe 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 an OC Sana 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, OC Santhe District will notify the employee in writing of the action that will be taken. Such action may not involve Page 4 of 363 8971409.1 OR040-031 discipline more severe than that described in the Notice of Intent; however, OC Santhe District may reduce discipline without further notice. Further clarification of the disciplinary policies and procedures are covered in OC San’sthe District’s Personnel Policies & 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 OC SanDistrict property or funds, fighting on the job, insubordination, acts endangering people or property, “no- call/no-show” or other serious misconduct. OC SanThe District may substitute documented suspensions without pay for written reprimands. 10.7.1. Employees who fail to provide any notice to their supervisor and fail to report to work as scheduled shall be considered “no call/no show” and shall be subject to discipline, up to and including termination. Employees who fail to provide any notice to their supervisor and fail to report to work for three (3) or more consecutive days will be considered to have abandoned their job and shall be subject to discipline up to and including termination. 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 OC Santhe 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 OC Santhe 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 Page 5 of 363 8971409.1 OR040-031 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 OC Santhe District by an individual employee within the Group or by the Group. OC SanThe 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 OC Santhe 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. OC SanThe 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, with a copy provided to the Director of Human Resources or designee. . This request for formal review must be presented on a form provided by OC Santhe 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) Page 6 of 363 8971409.1 OR040-031 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 OC Santhe 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 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 OC SanDistrict 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. OC SanThe 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 OC SanDistrict 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 Page 7 of 363 8971409.1 OR040-031 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. 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 –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 –Eligible employees who obtain or who have obtained an OC Sana 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 OC SanDistrict 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. Page 8 of 363 8971409.1 OR040-031 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 20222019, employees under this Agreement will receive salary range adjustments at a flat rate of 4.53.0%. 13.8.2. Effective the first pay period in July 20232020, employees under this Agreement will receive salary range adjustments at a flat rate of 43.0%. 13.8.3. Effective the first pay period in July 20242021, employees under this Agreement will receive salary range adjustments at a flat rate of 3.50%. 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. 13.10. One-Time Lump Sum Payment – Employees hired or promoted into the Group as of the last day of the first full pay period in July 2022 will receive a $1,500 one-time payment. 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 or release from probation, when a full-time employee is terminated by action of OC Santhe 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 Page 9 of 363 8971409.1 OR040-031 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 OC Santhe District approved deferred compensation plan, subject to IRS requirements, and in accordance with all guidelines for voluntary participation established by OC SanDistrict management. 15.2. Effective the first full pay period in July 2022, employees covered by OCERS Plans B and U and who participate in the deferred compensation plan, are eligible to receive up to a $235 per month matching OC San contribution. ARTICLE 16. - HOLIDAYS 16.1. The days listed below are observed by OC Santhe 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 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). The mandatory payout shall be made in the form of a contribution into the employee’s HRA according to Article 20 – Insurance, Health Reimbursement Arrangement, Section 20.15.4. Holidays New Year’s Day Martin Luther King, Jr. DayLincoln’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 (refer to Page 10 of 363 8971409.1 OR040-031 section 16.2)** 16.2. Floating Holiday: Employees will be granted “Floating Holiday” hours equal to and no less thanmay elect one (1) regular workdayday during each calendar year. as a "Floating Holiday hours may be utilized in one quarter (.25) hour increments. ." 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% 4th Quarter (October-December) 0% 16.3. Employees must use the “Floating Holiday” within the year it is granted, and it is not subject to cash out or eligible for any mandatory payout regardless of reason.. 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 OC SanDistrict Policy. 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 OC Santhe District are met. 17.2. The District OC San 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. 17.3. OC San may provide the option of telecommuting, as set forth in the Telecommuting Policy. ARTICLE 18. (This article intentionally left blank) Page 11 of 363 8971409.1 OR040-031 ARTICLE 19. (This article intentionally left blank) ARTICLE 20. - INSURANCE 20.1. OC SanThe 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. OC SanThe 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 OC SanThe 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. OC SanThe 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 OC Santhe District and employees currently pay premiums. Before the renewal of any OC SanDistrict 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 OC SanDistrict Policy. 20.6. The HDHP will be accompanied by a Health Savings Account (HSA) to pay for qualified medical expenses. OC SanOCSD 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 OC San’sthe 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 OC San'sthe District's aforementioned annual premium cost savings. 20.7. OC SanThe 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. OC SanThe District will pay the full premium for $50,000 term life insurance on each employee. 20.10. Short Term Disability 20.10.1. OC SanThe District will provide a non-work related, short-term disability Page 12 of 363 8971409.1 OR040-031 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. OC SanThe 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 OC San’sOCSD’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 OC SanDistrict paid Long Term Disability may purchase such coverage at their own expense. 20.12. Dental Insurance 20.12.1. OC SanThe District will contribute 80% of employee only and full family premiums for dental insurance. 20.13. Vision Insurance 20.13.1. OC SanThe 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 OC SanDistrict Policy. 20.14. Retiring Employees 20.14.1. OC SanThe 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 OC Santhe District medical plan. 20.14.2. In the event OC Santhe District adds additional optional insurance plans, OC San'sthe District's share of the premium will be the same as for existing plans as set forth above. In the event OC Santhe District changes underwriters for existing insurance plans, OC San'sthe District's share of the premium will be the same as for existing insurance plans as set forth above. 20.14.3. OC SanThe 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 year of continuous service up to a Page 13 of 363 8971409.1 OR040-031 maximum of 25 years or $250 per month. 20.14.4. Continuous service is calculated based on benefitted employment. Time as an intern or in non-benefitted status shall not count toward continuous service. 20.15. Health Reimbursement Arrangement: OC San will establish a Health Reimbursement Arrangement (HRA) for all employees in the Group, per Internal Revenue Guidance Rev. Rul. 2002-41 and Rev. No. 2002-45. 20.15.1. All employees of the Group shall be required to contribute uniformly to the HRA according to the following plan design and may not opt out. 20.15.2. All mandatory sick leave payouts shall be contributed to the employee’s HRA according to the provisions in Article 27 – Leave of Absence with Pay, Sections 27.2.5 and 27.2.11. 20.15.3. All mandatory vacation payouts shall be contributed to the employee’s HRA in accordance with Article 27 – Leave of Absence with Pay, Section 27.1.5. 20.15.4. All mandatory compensatory payouts shall be contributed to the employee’s HRA in accordance with Article 16 - Holidays, Section 16.1. 20.15.5. In the event of death while employed at OC San, any compensation as a result of any accrued and unused sick leave, vacation leave, and compensatory leave payouts shall be paid to the employee’s designated beneficiaries. 20.15.6. In the event of death, the employee’s HRA account and all remaining monies within the account shall be transferred to the qualified dependent of record. The qualified dependent of record is a designation defined by IRS rules rather than an employee-chosen beneficiary. In the event there is no qualified dependent of record, all assets in the HRA shall be forfeited and distributed on a non-discriminatory basis to remaining plan participants. 20.15.7. In the event of termination by OC San, any compensation as a result of accrued and unused sick leave, vacation leave, and compensatory leave payouts shall be paid directly to the employee. 20.15.8. OC San shall pay the administrative costs of the HRA plan up to a maximum of $30 per year per employee. Employees shall be responsible for any asset management fees. 20.15.9. Effective the last full pay period in October 2022, OC San will contribute $50 per month to each employee’s HRA account. 20.15. 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 Page 14 of 363 8971409.1 OR040-031 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. 21.3.1. 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. 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: Page 15 of 363 8971409.1 OR040-031 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 one-yearsix 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. New employees serving their initial probationary period shall be eligible for Development Pay and/or certification/license reimbursement the first day of the pay period following six months of employment without a break in service. 23.4. An employee may be released during his/her initial Pprobationary Pperiod at the discretion of OC San without recourse to the Grievance, Discipline or Appeal Procedure (i.e., an employee is “at-will” during his/her initial Pprobationary Pperiod). Probationary eEmployees within the initial probationary period do not have any property rights in their job during probation and may be separated with or without cause. 23.3.23.5. 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. OC SanThe District will determine whether a vacant position will be filled as an open or promotional recruitment. Whenever OC Santhe District intends to fill a position by promotion, OC Santhe 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 OC San’sthe 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 Page 16 of 363 8971409.1 OR040-031 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 OC SanDistrict 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. OC SanThe 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 OC Santhe District. 25.1.1. Employees hired prior to September 21, 1979: OC SanThe 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. 25.1.2. Employees hired on or after September 21, 1979 and before October 1, 2010: OC SanThe 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. OC SanThe 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: OC SanThe 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. OC SanThe 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: OC SanThe 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. OC SanThe District will pay 0% of an eligible employee’s base salary towards the employee’s contribution to OCERS. Page 17 of 363 8971409.1 OR040-031 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 $3.00 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 OC SanDistrict Policy. 27.1.3. Vacation leave may only be utilized in increments of one-quarter 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 contributed into the employee’s HRA according to Article 20 – Insurance, Health Reimbursement Arrangement, Section 20.15.3. This Page 18 of 363 8971409.1 OR040-031 will occur in thepaid 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 OC Santhe 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 OC SanDistrict 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 in October at their current hourly rate according to the following payoff schedule. The mandatory payout shall be made in the form of a contribution into the employee’s HRA according to Article 20 – Insurance, Health Reimbursement Arrangement, Section 20.15.2: 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. Page 19 of 363 8971409.1 OR040-031 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 OC Santhe 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 (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. 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 in the chart below. The mandatory payout shall be made in the form of a contribution into the employee’s HRA according to Article 20 – Insurance, Health Reimbursement Arrangement, Section 20.15.2:: Accrued Sick Leave Hours Rate of Payoff 0 – 100 15% 101 – 240 45% 241 – 560 60% Page 20 of 363 8971409.1 OR040-031 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 (½) 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 OC Santhe 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 Page 21 of 363 8971409.1 OR040-031 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 OC Santhe 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 OC SanDistrict 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: 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: Page 22 of 363 8971409.1 OR040-031 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 OC Santhe 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 OC SanDistrict 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 and/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 and/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; Page 23 of 363 8971409.1 OR040-031 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, or 22) 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, OC Santhe District requests thirty (30) days advance notice. 28.5.2. Medical Certification 28.5.2.1. As a condition of FMLA and/or CFRA Leave because of a serious health condition, OC Santhe 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 Page 24 of 363 8971409.1 OR040-031 28.5.3.1. During FMLA and/or CFRA Leave, OC Santhe 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 and/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 OC San'sthe District's obligation to continue health and dental or other benefits will cease. 28.5.5. OC SanDistrict 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 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 OC SanDistrict management to attend to personal matters, or for FMLA and/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 OC San'sthe 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 Page 25 of 363 8971409.1 OR040-031 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 OC Santhe District within one (1) year, OC Santhe 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 and/or CFRA Leave, or any OC SanDistrict-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 OC San’sthe 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; OC Santhe District is committed to complying with the law. Page 26 of 363 8971409.1 OR040-031 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. OC SanDistrict 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. The findings of the Human Resources Department are final and not subject to the appeal, problem-solving or grievance processes. 29.2.1.29.2.2. 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 OC San'sthe 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 OC San’sthe 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. 29.4. Reopener: OC San and SPMG agree to reopen this Agreement to meet and confer regarding the comparison agencies used for any classification and compensation studies. ARTICLE 30. - DRIVER’S LICENSE 30.1. Employees who are required by OC Santhe 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 Page 27 of 363 8971409.1 OR040-031 his/her regular duties and responsibilities notifies OC Santhe 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 OC San'sDistrict's management discretion. 30.3. OC SanThe District will continue to pay the license renewals and physical examination costs of Class A and B licenses that are specifically required by OC Santhe District. ARTICLE 31. - LAYOFF PROCEDURE 31.1. If, in the sole discretion of OC San'sDistrict'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 OC Santhe 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, OC Santhe 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 OC SanDistrict time and at OC SanDistrict 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 Page 28 of 363 8971409.1 OR040-031 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 OC SanDistrict business will be reimbursed at the current IRS rate. ARTICLE 35. - ACTING PAY 35.1. Employees who are assigned by OC SanDistrict 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 OC SanDistrict employees provided that: (a) no controversial matter which is critical or derogatory of OC Santhe District, its employees, officers or Directors may be posted; (b) nothing posted by OC Santhe 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. Page 29 of 363 8971409.1 OR040-031 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 OC Santhe District permit the time away from assigned work. ARTICLE 40. - USE OF OC SANDISTRICT FACILITIES 40.1. OC SanDistrict 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 OC SanDistrict operations. The Group agrees to pay for the cost of any additional custodial or security services. ARTICLE 41. - SCOPE OF BARGAINING 41.1. OC SanThe 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, OC Santhe 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 OC Santhe 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 OC Santhe District and Group. 42.2.3. Board Actions: If the parties fail to resolve the impasse, the dispute will be sent to OC Santhe 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. Page 30 of 363 8971409.1 OR040-031 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 OC San, OC Santhe 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. OC SanThe District will provide and maintain ten (10) uniform pants and shirts, which may include the name of the employee and OC SanDistrict seal, at no cost to employees whose duties require that they wear uniforms. OC SanThe 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 OC SanDistrict 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. OC San’sThe District’s Substance Abuse Policy will apply to all Group members. OC SanThe District and the Group agree to meet and confer for any proposed revisions to the policy. OC SanThe 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 OC San'sthe District's Anti- Drug and Alcohol Program. OC SanThe 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. OC San’sDistrict’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 46.1. New Employee Orientation 46.1.1. The Group will be allowed up to one half-hour each orientation session to Page 31 of 363 8971409.1 OR040-031 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 at least 10 days prior to the session, or as soon as practicable, and will include pertinent session details. 46.1.2. OC SanThe 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, OC Santhe District will notify the Group as soon as possible in advance of the session. 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. 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. 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, work location, work phone, work e-mail, hire date, home address, home phone, home e-mail, cell phone, , and deduction amount(s) and type(s). 46.2.2. The Group shall indemnify, defend and hold the OC SanDistrict harmless against any liability from any claims, demands, or other action related to OC San’sthe District’s deduction of Union Dues, including claims related to the Union’s use of monies collected under these provisions. 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 OC Santhe 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, OC Santhe 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. Page 32 of 363 8971409.1 OR040-031 ARTICLE 49. (This article intentionally left blank) ARTICLE 50. - WORKPLACE VIOLENCE AND WEAPONS POLICY 50.1. OC San’sThe District’s Workplace Violence and Weapons Policy will apply to all Group members. OC SanThe District and the Group agree to meet and confer for any proposed revisions to the policy. ARTICLE 51. - RESIGNATION 51.1 Employees resigning from OC San are expected to give a minimum of two (2) weeks advanced written notificationnotice prior to leaving when terminating employment with OC San. The DistrictOC San may accept in writing any verbal or written resignation at any time and deem such resignation irrevocable. Voluntary written resignation of employment with the DistrictOC San is automatically deemed irrevocable after seventy- two (72) hours from the DistrictOC San’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 33 of 363 8971409.1 OR040-031 SIGNATURE PAGE 2019 – 2022 – 2025 MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE EMPLOYEES OF THE PROFESSIONAL GROUP Executed: ________________________________ PROFESSIONAL GROUP ORANGE COUNTY SANITATION DISTRICT Russell MaitlandSteve Koffroth, Business Representative, AFSCME Council 36 (Affiliate of SPMG) Laura Drottz Kalty, Lead Negotiator Larry Roberson, Senior Contracts Administrator Luis Schmidt, Business Representative, AFSCME Council 36 (Affiliate of SPMG) Larry Roberson, Senior Contracts Administrator Celia Chandler, Director of Human Resources Marc Brown, Principal Staff Analyst Laura Maravilla, Human Resources & Risk Manager Angela Brandt, Accounting SupervisorNicholas Oswald, Maintenance Specialist Andrew Nau, Human Resources Supervisor Larry Roberson, Senior Contracts AdministratorNick Oswald, Maintenance Supervisor Janine Aguilar,Thys DeVries, Principal Human Resources SupervisorAnalyst Page 34 of 363 8971409.1 OR040-031 Dickie Fernandez, Engineer Thys DeVries, Principal Human Resources Analyst Stephanie Barron, Senior Human Resources Analyst Page 35 of 363 8971409.1 OR040-031 APPENDIX A Medical Insurance Plan Design Components1,2 CURRENT STATE Plan Design Component PPO High Deductible Health Plan In-Network Non-Network In-Network Non-Network Deductible $150 / $450 $1,,350400 / $2,700800 Annual Out-of- Pocket Max/Member $2,000 $3,000 $2,500 $5,000 Annual Out-of- Pocket Max/Family $4,000 $6,000 $5,000 $10,000 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 Not Covered Inpatient Hospitalization 10% 30% + $500 10% 30% (up to $1,000600/day, non- emergency) + $500 Outpatient Hospitalization/Surgery 10% 30% 10% 30% (up to $350/admit) Emergency Room $100 / Visit + 10% (copay waived if admitted) $100 / Visit + 10% (copay waived if admitted) Infertility Benefits Not Covered Not Covered Urgent Care $15/Visit 30% 10% 30% Chiropractic $15 / Visit (30 visits/year) 30% (30 visits/year) 10% / Visit (30 visits/year) 30% / Visit (30 visits/year) Opt-Out from Plan Yes Yes Yes Prescription Drugs Generic / Brand / Non-Preferred Brand Generic / Brand/ Non-Preferred Brand Generic / Brand / Non-Preferred Brand Retail $5 / $20 / $35 (30-day supply) 50% of the prescription drug maximum allowed amount & costs in excess up to $250 per prescriptionNot Covered $10 / $25 / $40 after deductible (30-day supply) Not Covered$10 plus 25% / $25 plus 25% / $40 plus 25% (30-day supply) Mail Order $5 / $40 / $70 (90-day supply) Not Covered $20 / $50 / $80 after deductible (90-day supply) Not Covered 1 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 36 of 363 8971409.1 OR040-031 Medical Insurance Plan Design Components1,2 CURRENT STATE Plan Design Component Anthem HMO Kaiser HMO Kaiser Bronze Deductible None None $5,000 Individual $10,000 Family Annual Out-of- Pocket Max/Member $1,500 $1,500 $6,250 Annual Out-of- Pocket Max/Family $3,000 $3,000 $12,500 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 Hospitalization/Surgery $50 Admit $15 Co-pay (per procedure) 30% Emergency Room $100 / Visit (waived if admitted) $100 / Visit (waived if admitted) $300 / Visit (waived if admitted) Infertility Benefits Status Quo Status Quo Not Covered Urgent Care $15 / Visit $15 / Visit $60 / Visit Chiropractic $15 / Visit (60 visits/year) * $10 / Visit (30 visits/year) Not Covered Opt-Out from Plan Yes Yes Yes Prescription Drugs Generic / Brand/ Non- Preferred Brand Generic / Brand Generic / Brand Retail $5 / $20 / $35 (30-day supply) $5 / $20 (30-day supply) $15 / $50 medical deductible applies (30-day supply) Mail Order $5 / $40 / $70 (90-day supply) $5 / $20 (100-day supply) $30 / $100 medical deductible applies (100-day supply) 1 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 $10 with a maximum of 30 visits in a calendar year for covered services. Page 37 of 363 8971409.1 OR040-031 - Orange County Sanitation District Classification and Compensation Plan Rates Effective July 2, 2021 Pay STEP STEP STEP STEP STEP Grade 1 2 3 4 5 Chief Plant Operator SUP88 Information Technology Supervisor SUP88 133,848.00$ 140,524.80$ 147,596.80$ 154,918.40$ 162,676.80$ Maintenance Supervisor SUP82 55.49$ 58.26$ 61.17$ 64.22$ 67.43$ 115,419.20$ 121,180.80$ 127,233.60$ 133,577.60$ 140,254.40$ 64.35$ 67.56$ 70.96$ 74.48$ 78.21$ SUPERVISOR GROUP Classification 7/2/21 Classification !Chief Plant Operator I information Technology Supervisor Maintenance Supervisor Classification !Chief Plant Operator I Information Technology Supervisor Maintenance Supervisor Classification !Chief Plant Operator l1nformation Technology Supervisor Maintenance Supervisor Orange County Sanitation District Classification and Compensation Plan PROPOSED Rates Effective July 1, 2022 SUPERVISOR GROUP Pay Grade STEP STEP STEP 2 3 I SUP90 $ 70.66 $ 74.22 $ 77.89 I SUP90 $ 146,972.80 $ 154,377.60 $ 162,01 1.20 $ $ 60.91 $ 63.95 $ 67.15 $ STEP STEP 4 5 81.78 $ 85.89 170,102.40 $ 178,651.20 70.52 $ 74.04 $ 126,692.80 $ 133,016.00 $ 139,672.00 $ 146,681.60 $ 154,003.20 Orange County Sanitation District Classification and Compensation Plan PROPOSED Rates Effective July 14, 2023 SUPERVISOR GROUP Pay Grade STEP STEP STEP 2 3 I SUP90 $ 73.49 $ 77.19 $ 81.01 I SUP90 $ 152,859.20 $ 160,555.20 $ 168,500.80 $ $ SUP84 $ 63.35 $ 66.51 $ 69.84 $ STEP STEP 4 5 85.05 $ 89.33 176,904.00 $ 185,806.40 73.34 $ 77.00 $ 131,768.00 $138,340.80 $ 145,267.20 $ 152,547.20 $ 160,160.00 Orange County Sanitation District Classification and Compensation Plan PROPOSED Rates Effective July 12, 2024 SUPERVISOR GROUP Pay Grade STEP STEP STEP 2 3 I SUP90 $ 76.06 $ 79.89 $ 83.85 I SUP90 $ 158,204.80 $ 166,171.20 $ 174,408.00 STEP STEP 4 5 $ 88.03 $ 92.46 $ 183,102.40 $ 192,316.80 SUP84 $ 65.57 $ 68.84 $ 72.28 $ 75.91 $ 79.70 $ 136,385.60 $ 143,187.20 $ 150,342.40 $ 157,892.80 $ 165,776.00 STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2022-2446 Agenda Date:7/27/2022 Agenda Item No:4. FROM:Laura Kalty, Chief Negotiator Originator: Celia Chandler, Director of Human Resources SUBJECT: SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE ORANGE COUNTY EMPLOYEES ASSOCIATION GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: A. Adopt Resolution No. OC SAN 22-23, entitled, A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memoranda of Understanding (MOU) between the Orange County Sanitation District and the Orange County Employees Association (OCEA), for Fiscal Years 2022/2023, 2023/2024 & 2024/2025”; and B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs) between Orange County Sanitation District and the three (3) OCEA bargaining units. BACKGROUND The MOUs between the Orange County Sanitation District (OC San) and the three OCEA bargaining units that became effective on July 1, 2019, expired on June 30, 2022. OCEA submitted its initial proposal for successor MOU(s) on January 26, 2022. OCEA and OC San have met and conferred in good faith five (5) times since receiving the initial proposal. As of the Board meeting on June 22, 2022, most items proposed, except for salary and wages, had either reached tentative agreement or had been withdrawn. On June 22, 2022, the Board of Directors authorized the Chief Negotiator to proceed with a three- year contract and salary increases for OCEA as follows: 4.5% for the first year, 4% for the second year, and 3.5% for the final year of the contract. This includes corresponding salary range adjustments due in the first pay period in July for each year of the contract, with the first increase to commence on July 1, 2022. 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 Orange County Sanitation District Printed on 7/19/2022Page 1 of 4 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT File #:2022-2446 Agenda Date:7/27/2022 Agenda Item No:4. ·Maintain positive employer-employee relations ·Provide professional growth & development PROBLEM The MOUs between OC San and the three (3)OCEA bargaining units that became effective on July 1,2019,expired on June 30,2022.OC San has a legal duty to bargain in good faith with represented labor groups and to sign any collective bargaining agreement that has been reached. PROPOSED SOLUTION Adopt Resolution No.OCSD 22-23,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 Employee Association (OCEA),for Fiscal Years 2022/2023, 2023/2024 & 2024/2025”. TIMING CONCERNS OC San and OCEA have bargained in good faith and have reached tentative agreement on successor MOUs that shall go into effect July 2022, contingent on Board approval. RAMIFICATIONS OF NOT TAKING ACTION Some of the impacts of not approving success labor agreements include labor instability,employee morale, and impasse. PRIOR COMMITTEE/BOARD ACTIONS On October 27,2021,the Board of Directors selected Laura Drottz Kalty from Liebert Cassidy Whitmore to serve as OC San’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 23, 2022 - Steering Committee and Board Meeting ·March 23, 2022 - Steering Committee and Board Meeting ·April 27, 2022 - Steering Committee and Board Meeting ·May 25, 2022 - Steering Committee and Board Meeting ·June 22, 2022 - Steering Committee and Board Meeting 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 94 non-exempt OC San employees spread across three (3)bargaining units:the Administrative and Clerical Unit,the Orange County Sanitation District Printed on 7/19/2022Page 2 of 4 powered by Legistar™ File #:2022-2446 Agenda Date:7/27/2022 Agenda Item No:4. 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. Based on Board authorization,OC San reached a full tentative agreement with OCEA on June 23, 2022,including a three-year contract with a 4.5%salary increase in the first year,a 4%salary increase in the second year,and a 3.5%salary increase for the final year of the contract.OCEA distributed the proposals to their membership for voting and OCEA’s membership ratified the proposals by majority vote on July 11, 2022. 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, 2022. 2.Article 2, Duration: Agreement terminates on June 30, 2025 3.Article 10,Discipline and Dismissal:Employees who fail to provide any notice to their supervisor and fail to report to work as scheduled shall be considered “no call/no show”and shall be subject to discipline,up to and including termination.Employees who fail to provide any notice to their supervisor and fail to report to work for three (3)or more consecutive days will be considered to have abandoned their job and shall be subject to discipline up to and including termination. 4.Article 11,Grievance Procedure:Language to specify that a copy of the grievance documentation must be submitted to the Director of Human Resources in addition to the Department Head. 5.Article 13,Salary Adjustments and Compensation:Salary:Year 1 -4.5%Salary Increase, effective the first pay period of July 2022;Year 2 -4%Salary Increase,effective the first pay period of July 2023;Year 3 -3.5%Salary Increase,effective the first pay period of July 2024. One-time lump sum payment of $1500 for each member of the group hired or promoted as of the last day of the first full pay period in July 2022. 6.Article 15,Deferred Compensation:Effective the first full pay period in July 2022,employees covered by OCERS Plans B and U and who participate in the deferred compensation plan,are eligible to receive up to a $160 per month matching OC San contribution. 7.Article 16,Holidays:Add Martin Luther King,Jr.holiday,and remove Lincoln’s birthday. Updated floating holiday language to say "hours equal to 1 workday",may be used in quarter hour increments rather than full day. 8.Article 17,Hours of Work:OC San may provide the option of telecommuting,as set forth in the Telecommuting Policy. 9.Article 20,Insurance:Language to specify calculation of benefits for retiring employees is based on continuous service for benefitted employment only,time worked as an intern or in a non-benefitted status will not count. 10.Article 23,Probationary Period:Change from six months to one year.Add language clarifying at-will status of probationary employees. 11.Article 29,Classification Studies:Add language to clarify that employee reclassification request decisions made by the Human Resources Department are final and not subject to appeal,problem-solving,or the grievance process.Include language for a re-opener to meet and confer regarding the comparison agencies used for any classification and compensation studies. 12.Article 51,Resignation:Employees are expected to give a minimum of two (2)weeks writtenOrange County Sanitation District Printed on 7/19/2022Page 3 of 4 powered by Legistar™ File #:2022-2446 Agenda Date:7/27/2022 Agenda Item No:4. 12.Article 51,Resignation:Employees are expected to give a minimum of two (2)weeks written notification when terminating employment with OC San.OC San may accept in writing any verbal or written resignation at any time and deem such resignation irrevocable.Voluntary written resignation of employment with OC San is automatically deemed irrevocable after seventy-two (72)hours from OC San’s receipt of the resignation except by approval of the Human Resources Department. Listed below are articles with proposed housekeeping changes in the tentative agreement by article number. Additionally, references to “OCSD” were updated to “OC San” throughout the MOU. Article 14 - Severance Pay Article 25 - Retirement Article 28 - Leave-of-Absence Without Pay CEQA N/A FINANCIAL CONSIDERATIONS The total cost is $3,316,536 over the term of the agreement. This request complies with authority levels of OC San’s Purchasing Ordinance. This item has been budgeted. ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Resolution No. OC SAN 22-23 ·OCEA Administrative and Clerical Unit (redlined version) ·OCEA Technical Services MOU (redlined version) ·OCEA Engineering MOU (redlined version) Orange County Sanitation District Printed on 7/19/2022Page 4 of 4 powered by Legistar™ OC SAN 22-23-1 RESOLUTION NO. OC SAN 22-23 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 2022/2023, 2023/2024 & 2024/2025 WHEREAS, on August 28, 2019, the Board of Directors (“Directors”) of the Orange County Sanitation District (OC San) 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, 2019 through June 30, 2022 (“2019 MOUs”). WHEREAS, prior to the expiration of the 2019 MOUs on January 26, 2022, 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 OC San 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 the first pay period in the current fiscal year; and WHEREAS, the parties have modified the 2022 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, 2022, and terminating June 30, 2025, as reflected in the Cover Page and Articles 1 and 2 of the MOUs.  Discipline and Dismissal has been modified as set forth below and as reflected in Article 10 of the MOUs: o Employees who fail to provide any notice to their supervisor and fail to report to work as scheduled shall be considered “no call/no show” and shall be subject to discipline, up to and including termination. Employees who fail to provide any notice to their supervisor and fail to report to work for three (3) or more consecutive days will be considered to have abandoned their job and shall be subject to discipline up to and including termination.  Grievance Procedure has been modified as set forth below and as reflected in Article 11 of the MOUs: OC SAN 22-23-2 o Language added to specify that a copy of the grievance documentation must be submitted to the Director of Human Resources or designee in addition to the Department Head.  Salary Adjustments and Compensation has been modified as set forth below and as reflected in Article 13 of the MOUs: o Year 1 – 4.5% Salary Increase, effective the first pay period of July 2022. o Year 2 – 4.0% Salary Increase, effective the first pay period of July 2023. o Year 3 – 3.5% Salary Increase, effective the first pay period of July 2024. o One-Time Lump Sum Payment – Employees hired or promoted into the Group as of the last day of the first full pay period in July 2022 will receive a $1,500 one-time payment.  Severance Pay has been modified as set forth below and as reflected in Article 14 of the MOUs: o Deleted: Employees are expected to give a minimum of two (2) weeks written notification when terminating employment with the District.  Deferred Compensation has been modified as set forth below and as reflected in Article 15 of the MOUs: o Effective the first full pay period in July 2022, employees covered by OCERS Plans B and U and who participate in the deferred compensation plan, are eligible to receive up to a $160 per month matching OC San contribution.  Holidays has been modified as set forth below and as reflected in Article 16 of the MOUs: o Add Martin Luther King, Jr. holiday, and remove Lincoln’s birthday. o Updated floating holiday language to say, “Employees will be granted “Floating Holiday” hours equal to and no less than one (1) regular workday during each calendar year. Floating Holiday hours may be utilized in one quarter (.25) hour increments." o Employees must use the “Floating Holiday” within the calendar year it is granted, and it is not subject to cash out or eligible for any mandatory payout regardless of the reason.  Hours of Work has been modified as set forth below and as reflected in Article 17 of the MOUs: o OC San may provide the option of telecommuting, as set forth in the Telecommuting Policy.  Insurance has been modified as set forth below and as reflected in Article 20 of the MOUs: o Add language to reflect that calculation of benefits for retiring employees is based on continuous service for benefitted employment only, time worked as an intern or in a non-benefitted status will not count. OC SAN 22-23-3  Probationary Period has been modified as set forth below and as reflected in Article 23 of the MOUs: o Add language to reflect that the initial probationary period has been changed from six (6) months to one (1) year. o New employees serving their initial probationary period shall be eligible for Development Pay and/or certification/license reimbursement the first day of the pay period following six months of employment without a break in service. o An employee may be released during his/her initial probationary period at the discretion of OC San without recourse to the Grievance, Discipline or Appeal Procedure (i.e., an employee is “at-will” during his/her initial probationary period). Employees within the initial probationary period do not have any property rights in their job during probation and may be separated with or without cause.  Retirement has been modified as set forth below and as reflected in Article 25 of the MOUs: o Delete language regarding Plan G, as there are no longer any Plan G members.  Classification Studies has been modified as set forth below and as reflected in the MOUs: o Add language to clarify that employee reclassification request decisions made by the Human Resources Department are final and not subject to appeal, problem-solving, or the grievance process. o Reopener: OC San and SPMG agree to reopen this Agreement to meet and confer regarding the comparison agencies used for any classification and compensation studies.  Uniforms has been modified as set forth below and as reflected in the MOUs: o Employees covered by this agreement shall receive a safety boot allowance in the amount of $225 at the beginning of each fiscal year.  Resignation has been modified as set forth below and as reflected in Article 51 of the MOUs: o Employees resigning from OC San are expected to give a minimum of two (2) weeks advanced written notice prior to leaving. OC San may accept in writing any verbal or written resignation at any time and deem such resignation irrevocable. Voluntary written resignation of employment with OC San is automatically deemed irrevocable after seventy-two (72) hours from OC San’s receipt of the resignation except by approval of the Human Resources Department.  Housekeeping o Changes have been made throughout the MOUs to reflect the name change from OCSD to OC San. OC SAN 22-23-4 o Changes have been made to modify language in accordance with law (i.e. CFRA leave). NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1. The aforementioned MOUs between OC San and OCEA for the contract period of July 1, 2022, through June 30, 2025, 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, 2022, through June 30, 2025, in a form approved by General Counsel. PASSED AND ADOPTED at a regular meeting held July 27, 2022. __________________________ Chad P. Wanke Board Chairman APPROVED AS TO FORM: ____________________________ Bradley R. Hogin General Counsel ATTEST: ____________________________ Kelly A. Lore, MMC Clerk of the Board OC SAN 22-23-5 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. OC SAN 22-23 was passed and adopted at a regular meeting of said Board on the 27th day of July 2022, 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 27th day of July 2022. Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District OR040\038\10068112.v4 MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE ORANGE COUNTY EMPLOYEES ASSOCIATION FOR THE ADMINISTRATIVE AND CLERICAL UNIT July 1, 202219 through June 30, 20252 - OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page i OR040\038\10068112.v4 TABLE OF CONTENTS ARTICLE 1. - RECOGNITION ................................................................................................................................. 1 ARTICLE 2. - DURATION ....................................................................................................................................... 1 ARTICLE 3. - SUCCESSOR AGREEMENT ........................................................................................................... 1 ARTICLE 4. - OCEA ACCESS ................................................................................................................................ 1 ARTICLE 5. - OCEA RIGHTS ................................................................................................................................. 2 ARTICLE 6. - DISTRICTOC SAN RIGHTS ............................................................................................................. 2 ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT ..................................................................................... 2 ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT .......................................................................................... 2 ARTICLE 9. - SAFETY ............................................................................................................................................ 3 ARTICLE 10. - DISCIPLINE AND DISMISSAL ...................................................................................................... 3 ARTICLE 11. - GRIEVANCE PROCEDURE ........................................................................................................... 4 ARTICLE 12. - PROBLEM SOLVING PROCEDURE ............................................................................................. 6 ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION ...................................................................... 6 ARTICLE 14. - SEVERANCE PAY ......................................................................................................................... 7 ARTICLE 15. - DEFERRED COMPENSATION ...................................................................................................... 7 ARTICLE 16. - HOLIDAYS ...................................................................................................................................... 7 ARTICLE 17. - HOURS OF WORK ......................................................................................................................... 9 ARTICLE 18. - CALL-BACK PAY .......................................................................................................................... 9 ARTICLE 19. - STANDBY PAY .............................................................................................................................. 9 ARTICLE 20. - INSURANCE ................................................................................................................................... 9 20.3 MEDICAL INSURANCE ............................................................................................................................... 9 20.4 LIFE INSURANCE .................................................................................................................................... 10 20.5 SHORT TERM DISABILITY ........................................................................................................................ 10 20.6 LONG TERM DISABILITY .......................................................................................................................... 10 20.7 DENTAL INSURANCE ............................................................................................................................... 10 20.8 VISION INSURANCE ................................................................................................................................ 10 20.9 RETIRING EMPLOYEES ........................................................................................................................... 10 20.10 HEALTH RETIREMENT ACCOUNT REOPENER............................................................................................ 10 ARTICLE 21. - REIMBURSEMENT ACCOUNT ................................................................................................... 11 21.2 GROUP INSURANCE PREMIUMS ............................................................................................................... 11 21.3 MEDICAL CARE REIMBURSEMENT ACCOUNT ............................................................................................ 11 21.4 DEPENDENT CARE ASSISTANCE ACCOUNT .............................................................................................. 11 ARTICLE 22. - OVERTIME ................................................................................................................................... 11 ARTICLE 23. - PROBATIONARY PERIOD .......................................................................................................... 12 ARTICLE 24. - PROMOTIONS.............................................................................................................................. 12 ARTICLE 25. - RETIREMENT ............................................................................................................................... 12 ARTICLE 26. - SHIFT DIFFERENTIAL ................................................................................................................. 13 ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY .............................................................................................. 13 27.1 VACATION LEAVE ................................................................................................................................... 13 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 .................................................................................................................................... 19 28.6 RETURN TO WORK POLICY ..................................................................................................................... 18 28.7 COMPLIANCE WITH LAW ......................................................................................................................... 20 ARTICLE 29. - CLASSIFICATION STUDIES ....................................................................................................... 20 ARTICLE 30. - DRIVER'S LICENSE ..................................................................................................................... 21 ARTICLE 31. - LAYOFF PROCEDURE ................................................................................................................ 20 ARTICLE 32. - LIGHT DUTY................................................................................................................................. 22 ARTICLE 33. - MEDICAL EXAMINATION ........................................................................................................... 22 ARTICLE 34. - MILEAGE ALLOWANCE ............................................................................................................. 21 OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page ii OR040\038\10068112.v4 ARTICLE 35. - ACTING PAY ................................................................................................................................ 21 ARTICLE 36........................................................................................................................................................... 21 ARTICLE 37. - PERSONNEL FILES .................................................................................................................... 21 ARTICLE 38. - BULLETIN BOARDS .................................................................................................................... 23 ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS ........................................................... 23 ARTICLE 40. - USE OF DISTRICTOC SAN FACILITIES .................................................................................... 23 ARTICLE 41. - SCOPE OF BARGAINING ........................................................................................................... 23 ARTICLE 42. - IMPASSE PROCEDURES ........................................................................................................... 22 ARTICLE 43. - SEVERABILITY ............................................................................................................................ 24 ARTICLE 44. - UNIFORMS ................................................................................................................................... 24 ARTICLE 45. - SUBSTANCE ABUSE POLICY .................................................................................................... 24 ARTICLE 46. - DUES DEDUCTIONS ................................................................................................................... 23 ARTICLE 47........................................................................................................................................................... 23 ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES ................................................................................. 24 ARTICLE 49........................................................................................................................................................... 25 ARTICLE 50. - WORKPLACE VIOLENCE AND WEAPONS POLICY ................................................................ 25 ARTICLE 51. - RESIGNATION ............................................................................................................................. 25 ARTICLE 52........................................................................................................................................................... 25 ARTICLE 53. - LABOR MANAGEMENT COMMITTEE………………………………………………….……………24 SIGNATURE PAGE ............................................................................................................................................... 27 EXHIBIT A ............................................................................................................................................................. 28 OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page 1 OR040\038\10068112.v4 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. 75-127OCSD 18-18 of the Joint Orange County Sanitation District’s (OC San) Board of Directors, the DistrictOC San'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, 202219, is entered into between the Orange County Sanitation District, referred to hereinafter as the “DistrictOC San,” and the Orange County Employees Association, referred to hereinafter as “OCEA.” 1.2 The DistrictOC San 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 DistrictOC San. ARTICLE 2. - DURATION 2.1 This Agreement shall be binding on the DistrictOC San and OCEA when approved and adopted by the DistrictOC San’s Board of Directors. This Agreement shall terminate on June 30, 20252. 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 99-24.18-18. 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 DistrictOC San’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 DistrictOC San’s operations, or with the work of employees in any manner. The DistrictOC San reserves the right to restrict access in certain areas designated as confidential or secure. I =-- OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page 2 OR040\038\10068112.v4 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 DistrictOC San 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 DistrictOC San 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. – DISTRICTOC SAN RIGHTS 6.1 DistrictOC San inherent rights, powers, functions, duties, responsibilities and authority related to a managerial or administrative character are reserved to the DistrictOC San in its exercise of management decision-making, except as specifically modified by the express provisions of this Memorandum. DistrictOC San 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 DistrictOC San operations; determine the methods, means and personnel by which DistrictOC San 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 DistrictOC San 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. DistrictOC San 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 DistrictOC San 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 DistrictOC San’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 DistrictOC San 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 DistrictOC San 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 DistrictOC San facilities, and may occur only in areas posted for smoking. OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page 3 OR040\038\10068112.v4 ARTICLE 9. - SAFETY 9.1 It is the duty of the DistrictOC San 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 DistrictOC San, 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 DistrictOC San 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 an DistrictOC San 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 DistrictOC San 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 DistrictOC San may reduce discipline without further notice. Further clarification of the disciplinary policies and procedures are covered in the DistrictOC San’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 DistrictOC San property or funds, fight- ing on the job, insubordination, acts endangering people or property, “no call/no show” or other serious misconduct. The DistrictOC San may substitute documented suspensions without pay for written reprimands. 10.7.1 Employees who fail to provide any notice to their supervisor and fail to report to work as scheduled shall be considered "no call/no show" and shall be subject to discipline, up to and including termination. Employees who fail to provide any notice to their supervisor and fail to report to work for three (3) or more consecutive days will be considered to have abandoned their job and shall be subject to discipline up to and including OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page 4 OR040\038\10068112.v4 termination. 10.710.8 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 DistrictOC San. 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. 10.810.9 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 DistrictOC San’s proposed discipline. 10.910.10 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. 10.1010.11 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 DistrictOC San by an individual employee within the Unit or by the OCEA. The DistrictOC San 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 DistrictOC San 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 DistrictOC San 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, with a copy provided to the Director of Human Resources or designee. This request for formal review must be presented on a form provided by the DistrictOC OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page 5 OR040\038\10068112.v4 San 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. 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 DistrictOC San 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 DistrictOC San 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. OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page 6 OR040\038\10068112.v4 ARTICLE 12. - PROBLEM SOLVING PROCEDURE 12.1 Employees may bring problems to the attention of DistrictOC San managers through the Problem Solving Procedure. This Procedure was developed to encourage and facilitate the resolution of employee concerns in a responsive and fair manner, and may be used to attempt to resolve issues that may not be subjected to the Grievance Procedure. Any reference to days in this article implies business days. 12.2 Employees should discuss concerns regarding issues that are not grievable with their supervisor as soon as possible. The supervisor shall review the situation or decision, and provide a written response within five days from the date they were notified of the problem. 12.3 If the problem is not resolved to the employee's satisfaction, the employee may file a written statement concerning the problem with the Director of Human Resources, or designee, within ten (10) days of receipt of the supervisor's decision. Upon request of either party, a meeting shall be held to define issues and establish the remedies sought. The employee shall be provided a written response within ten (10) days after his or her statement is received. Time limits may be extended for cause upon mutual consent of the parties, and the decision of the Director of Human Resources, or designee, is final. ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION 13.1 Each pay grade is divided into five (5) steps, with an approximate 5.0% difference between each step. 13.2 Pay increases will only apply to eligible employees in an active payroll status on the effective date of implementation. Eligible employees will not receive retroactivity if active payroll status becomes effective after the date of implementation. 13.3 Merit Pay 13.3.1 Step Increase Pay – Bargaining unit employees will be eligible for Step Increase Pay based upon receipt of year-end performance appraisal ratings issued by the assigned supervisor. Step Increase Pay will be paid according to the following: 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 an DistrictOC San 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. The maximum amount of OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page 7 OR040\038\10068112.v4 certification/license pay for any combination of certificates and/or licenses is fixed at $45.72 per pay period. 13.3.2.1 The overall maximum Development Pay for education, certification and/or licenses is fixed at $87.25 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 202219, employees under this Agreement will receive salary range adjustments at a flat rate of 4.53.0%. 13.4.2 Effective the first pay period in July 20230, employees under this Agreement will receive salary range adjustments at a flat rate of 43.0%. 13.4.3 Effective the first pay period in July 20241, employees under this Agreement will receive salary range adjustments at a flat rate of 3.50%. 13.5 One-Time Lump Sum Payment – Employees hired or promoted into the Group as of the last day of the first full pay period in July 2022 will receive a $1,500 one-time payment. 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 or release from probation, when a full-time employee is terminated by action of the DistrictOC San, the employee shall be notified in writing two (2) weeks prior to the effective separation date. In the event the DistrictOC San 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 DistrictOC San’s approved deferred compensation plan subject to IRS requirements, and in accordance with all guidelines for voluntary participation established by DistrictOC San management. 15.2 Effective the first full pay period in July 2022, employees covered by OCERS Plans B and U and who participate in the deferred compensation plan, are eligible to receive up to a $160 per month matching OC San contribution. ARTICLE 16. - HOLIDAYS 16.1 The days listed below are observed by the DistrictOC San as holidays. Employees will receive holiday pay if their entire scheduled work shift immediately preceding and following the holiday are in a paid payroll OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page 8 OR040\038\10068112.v4 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 BirthdayMartin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day before Christmas Christmas Day Floating Holiday (refer to Section 16.2)** 16.2 Employees will be granted may elect one (1) day during each year as a "Floating Holiday" hours equal to and no less than one (1) regular workday during each calendar year. Floating Holiday hours may be utilized in one quarter (.25) hour increments.. 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% 4th Quarter (October-December) 0% 16.3 Employees must use the “Floating Holiday” within the calendar year it is granted, and it is not subject to cash outr ort eligible for any mandatory payout regardless of reason. Every effort will be made to approve an employee's request for a "Floating Holiday" off providing sufficient notice is given. OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page 9 OR040\038\10068112.v4 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 DistrictOC San may, at its sole discretion, change an employee’s work schedule with thirty (30) days written notice to the affected employee. 17.4 OC San may provide the option of telecommuting, as set forth in the Telecommuting Policy. ARTICLE 18. - CALL-BACK PAY 18.1 When an employee is called back to work by DistrictOC San 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 DistrictOC San 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 five hundred (500) dollars per week, and shall receive Call Back pay when they are actually called to work. ARTICLE 20. – INSURANCE 20.1 The DistrictOC San 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 DistrictOC San 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 DistrictOC San shall contribute 90% of employee only premiums for the HMO medical health plan and 80% of employee only premiums for the PPO medical OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page 10 OR040\038\10068112.v4 health plan. The DistrictOC San 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 DistrictOC San and employees currently pay premiums. Before the renewal of any DistrictOC San’s sponsored health insurance plan, the parties agree to meet and confer as to changes in the plan. 20.3.3 The DistrictOC San 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 DistrictOC San unless such change is either (1) mandated by the ACA, or (2) mutually agreed upon by the parties. 20.4 Life Insurance The DistrictOC San shall pay the full premium for $50,000 term life insurance on each employee. 20.5 Short Term Disability The DistrictOC San 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 DistrictOC San 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 disa- bility, 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 DistrictOC San’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 DistrictOC San paid Long Term Disability may purchase such coverage at his or her own expense. 20.7 Dental Insurance The DistrictOC San will contribute 80% of employee only and 80% of full family premiums for dental insurance. 20.8 Vision Insurance The DistrictOC San shall provide a vision insurance plan for regular, full-time employees and eligible dependents. 20.9 Retiring Employees 20.9.1 The DistrictOC San 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 DistrictOC San’s medical plan. OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page 11 OR040\038\10068112.v4 20.9.2 In the event the DistrictOC San adds additional optional insurance plans, the DistrictOC San's share of the premium shall be the same as for existing plans as set forth above. In the event the DistrictOC San changes underwriters for existing insurance plans, the DistrictOC San’s share of the premium shall be the same as for existing insurance plans as set forth above. 20.9.3 The DistrictOC San 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 year of continuous service up to a maximum of 25 years or $250 per month. Employees hired on or after August 1, 2011 shall not be eligible for the retiree medical health premium offset. 20.9.4 Continuous service is calculated based on benefitted employment. Time as an intern or in non-benefitted status shall not count toward continuous service. 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 DistrictOC San decides upon the need for overtime or additional work. The DistrictOC San may require the performance of overtime. In the event no qualified employee wishes to work overtime, DistrictOC San’s management may select employees with the ability to perform the work by inverse seniority. DistrictOC San managers shall attempt to evenly dis- tribute 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. OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page 12 OR040\038\10068112.v4 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 monthsone -year 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. 23.3 New employees serving their initial probationary period shall be eligible for Development Pay and/or certification/license reimbursement the first day of the pay period following six months of employment without a break in service. 23.4 An employee may be released during his or her initial Pprobationary Pperiod at the discretion of the DistrictOC San without recourse to the Grievance, Discipline or Appeal Procedure .(i.e., an employee is “at-will” during his/her initial Pprobationary Pperiod). Probationary eEmployees within the initial probationary period do not have any property rights in their job during probation and may be separated with or without cause. 23.53 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 DistrictOC San will determine whether a vacant position shall be filled as an open or promotional opportunity or recruitment. Whenever the DistrictOC San intends to fill a position by promotion, the DistrictOC San shall post the opportunity for a minimum of ten (10) business days. Employees must apply during the period of posting. Notices shall be posted on the DistrictOC San’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 DistrictOC San’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 DistrictOC San 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 DistrictOC San. 25.1.1 Employees hired before September 21, 1979: The DistrictOC San 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. -------- • f----------------~-_-_-_-_-_-_-_-_-_-_-_-_-----:::::;r' I OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page 13 OR040\038\10068112.v4 25.1.12 Employees hired on or after September 21, 1979 and before August 1, 2011: The DistrictOC San 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 DistrictOC San will continue to pay 3.5% of an eligible employee’s base salary toward the employee’s contributions to OCERS. 25.1.23 Employees hired on or after August 1, 2011 and before January 1, 2013: The DistrictOC San 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 DistrictOC San will pay 0% of an eligible employee’s base salary towards the employee’s contribution to OCERS. 25.1.34 Employees hired on or after January 1, 2013: The DistrictOC San 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 DistrictOC San 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 OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page 14 OR040\038\10068112.v4 27.1.2 Part-time employees accrue vacation leave on a pro-rata basis as set forth in DistrictOC San Policy. 27.1.3 Vacation leave may only be utilized in increments of one-quarter 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 DistrictOC San 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 DistrictOC San 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 in 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 OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page 15 OR040\038\10068112.v4 (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 DistrictOC San 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-quarter (.25) hour increments. Human Resources and department management shall be responsible for control of abuse of the sick leave privilege. If notified in advance, the employee may be required, at any time, to furnish a certificate issued by a licensed physician or nurse, or other satisfactory evidence of illness; however, for absences of ten consecutive working days or more, a request for leave and a medical statement, on prescribed forms, stating expected date of return must be submitted to Human Resources. Upon return to work, a written doctor's release must be submitted to Human Resources. For absences of one or more working days in an unpaid status, a request for leave 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 DistrictOC San’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 DistrictOC San for time not actually retained on jury unless there is less than ½ 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 OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page 16 OR040\038\10068112.v4 any fees received for such service, exclusive of mileage, are submitted to the DistrictOC San for deposit in the General Fund of the DistrictOC San. 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 DistrictOC San 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 DistrictOC San 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. I I I I I OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page 17 OR040\038\10068112.v4 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 DistrictOC San 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 DistrictOC San 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 and/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 and/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: OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page 18 OR040\038\10068112.v4 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, or,. 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 DistrictOC San requests thirty (30) days advance notice. 28.4.4 Medical Certification As a condition of FMLA and/or CFRA Leave because of a serious health condition, the DistrictOC San 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/or CFRA Leave, the DistrictOC San 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 and/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 DistrictOC San’s OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page 19 OR040\038\10068112.v4 obligation to continue health and dental or other benefits shall cease. 28.4.7 DistrictOC San 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 and/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 newly born or placed child. 28.5 General Leave 28.5.1 Employees who have exhausted all paid time off accruals may request to be granted a general leave-of-absence by DistrictOC San management to attend to personal matters or for FMLA and/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 DistrictOC San’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 DistrictOC San within one (1) year, the DistrictOC San 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 and/or CFRA Leave, or any DistrictOC San 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 OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page 20 OR040\038\10068112.v4 position. In such cases, the employee will receive advance notification of the DistrictOC San’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. DistrictOC San’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 The findings of the Human Resources Department and the decision by the General Manager are final and not subject to the appeal, problem-solving or grievance processes. 29.1.2 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 OC San’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 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. 29.2.12 In the event the duties and responsibilities of a position are allocated to a lower paid classification, the salary of the incumbent of that position shall remain unchanged (Y-rated) in accordance with the following table: Years of Service Term of Y-Rate 0-3 1 year 4-5 2 years 6-10 3 years 11-20 4 years 20 or more 5 years OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page 21 OR040\038\10068112.v4 29.2.23 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 DistrictOC San’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. 29.2.34 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 DistrictOC San’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. 29.4 Reopener: OC San and OCEA agree to reopen this Agreement to meet and confer regarding the comparison agencies used for any classification and compensation studies. ARTICLE 30. - DRIVER'S LICENSE 30.1 Employees who are required by the DistrictOC San 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 DistrictOC San 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 DistrictOC San management’s discretion. 30.3 The DistrictOC San will continue to pay the license renewals and physical examination costs of Class A & B licenses that are specifically required by the DistrictOC San. ARTICLE 31. - LAYOFF PROCEDURE 31.1 Nothing herein shall be construed to require the DistrictOC San to fill vacant, budgeted positions nor to prohibit the DistrictOC San from eliminating vacant positions from the budget. The DistrictOC San 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 DistrictOC San 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 DistrictOC San management, personnel reductions are necessary, layoff order and recall lists shall be developed based upon job classification, priority of function, job performance, OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page 22 OR040\038\10068112.v4 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 DistrictOC San. 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 DistrictOC San 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 DistrictOC San time and at DistrictOC San 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 DistrictOC San business shall be reimbursed at the current IRS rate. ARTICLE 35. - ACTING PAY 35.1 Employees who are assigned by DistrictOC San 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, 202219 to June 30, 20252 Page 23 OR040\038\10068112.v4 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 DistrictOC San employees, provided that: (a) no controversial matter which is critical of or derogatory to the DistrictOC San, its employees, officers or Directors may be posted; (b) nothing posted by the DistrictOC San 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 DistrictOC San permits the time away from assigned work. ARTICLE 40. - USE OF DISTRICTOC SAN FACILITIES 40.1 DistrictOC San 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 DistrictOC San operations. The OCEA agrees to pay for the cost of any additional custodial or security services. ARTICLE 41. - SCOPE OF BARGAINING 41.1 The DistrictOC San 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 DistrictOC San 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 DistrictOC San 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, 202219 to June 30, 20252 Page 24 OR040\038\10068112.v4 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 DistrictOC San and OCEA. 43.3.3 Board Actions: If the parties fail to resolve the impasse, the dispute shall be sent to the DistrictOC San’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 DistrictOC San, the DistrictOC San 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 DistrictOC San shall provide and maintain ten (10) uniform pants and shirts, which may include the name of the employee and DistrictOC San’s seal, at no cost to employees whose duties require that they wear uniforms. The DistrictOC San will also provide lab coats as required by the lab manager. 44.2 Employees covered by this agreement shall receive a safety boot allowance in the amount of $225 at the beginning of each fiscal year. 44.32 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 DistrictOC San 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 DistrictOC San’s Substance Abuse Policy will apply to all unit members. The DistrictOC San 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 DistrictOC San’s Anti-Drug and Alcohol Program. The DistrictOC San will ensure that all alcohol or controlled substances testing OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page 25 OR040\038\10068112.v4 conducted under the Substance Abuse and Alcohol Misuse Plan complies with the procedures set forth in CFR Part 40. 45.3 DistrictOC San’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 DistrictOC San 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 DistrictOC San shall provide the OCEA a quarterly list of the names of those employees for whom it has made deductions. In addition, the DistrictOC San 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 DistrictOC San 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 DistrictOC San’s Workplace Violence and Weapons Policy will apply to all unit members. ARTICLE 51. - RESIGNATION 51.1 Employees resigning from OC San are expected to give a minimum of two (2) weeks advanced written notificationnotice prior to leaving when terminating employment with OC San . OC San may accept in writing any employee’s verbal or written resignation at any time and deem such resignation irrevocable. Voluntary written termination of employment with the DistrictOC San 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) OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page 26 OR040\038\10068112.v4 ARTICLE 53. - LABOR MANAGEMENT COMMITTEE 53.1 Orange County Employees Association (OCEA) and the Orange County Sanitation District (OCSDOC SAN) hereby agree to meet within two (2) months from the OCSD OC SAN Board approval of this MOU to discuss the structure and process of a Labor Management Committee at OCSDOC SAN. 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, 202219 to June 30, 20252 Page 27 OR040\038\10068112.v4 SIGNATURE PAGE 202219 – 20252 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 Saliem Aregaye, Lead Negotiator Laura Drottz Kalty, Lead Negotiator Aaron PeardonAlisha Greene, Labor Representative Celia Chandler, Director of Human Resources Danielle Chau, Labor Representative Laura Maravilla, Human Resources & Risk Manager Janine Aguilar, Human Resources Supervisor Bobby Martinez, Reed Calvo, Lead Storekeeper Janine Aguilar, Human Resources SupervisorLaura Maravilla, Human Resources & Risk Manager Beatrice Mitchell, Administrative Assistant Andrew Nau, Human Resources Supervisor Thys DeVries, Principal Human Resources Analyst Stephanie Barron, Senior Human Resources Analyst OCEA – Administrative/Clerical MOU July 1, 202219 to June 30, 20252 Page 28 OR040\038\10068112.v4 Exhibit A ADMINISTRATIVE AND CLERICAL UNIT Pay Effective Effective Effective 5-Jul-19 1-Jul-22 3-Jul-20 14-Jul-23 2-Jul-21 12-Jul-24 Classification Grade MIN MAX MIN MAX MIN MAX Executive Assistant 69 $39.47$43.75 $47.99 $53.20 $40.65 $45.50 $49.43 $55.33 $41.87 $47.09 $50.91 $57.27 Graphics Designer 69 $39.47 $43.75 $47.99 $53.20 $40.65 $45.50 $49.43 $55.33 $41.87 $47.09 $50.91 $57.27 Administrative Assistant 67 $37.56 $41.64 $45.65 $50.61 $38.69 $43.31 $47.02 $52.63 $39.85 $44.83 $48.43 $54.47 Contracts/Purchasing AssistantTechnician 67 $37.56 $41.64 $45.65 $50.61 $38.69 $43.31 $47.02 $52.63 $39.85 $44.83 $48.43 $54.47 Payroll Technician 67 $37.56 $41.64 $45.65 $50.61 $38.69 $43.31 $47.02 $52.63 $39.85 $44.83 $48.43 $54.47 Records CoordinatorManagement Technician 67 $41.64 $50.61 $43.31 $52.63 $44.83 $54.47 Lead StorekeeperMaterials Management Clerk 62 $33.21 $36.83 $40.36 $44.75 $34.21 $38.30 $41.57 $46.54 $35.24 $39.64 $42.82 $48.17 Accounting Assistant II Technician 58 $30.07 $33.34 $36.55 $40.53 $30.97 $34.67 $37.65 $42.15 $31.90 $35.88 $38.78 $43.63 Senior Storekeeper 58 $30.07 $36.55 $30.97 $37.65 $31.90 $38.78 Program Assistant 56 $28.64 $31.76 $34.78 $38.55 $29.50 $33.03 $35.82 $40.09 $30.39 $34.19 $36.89 $41.49 Accounting Assistant I 54 $27.24 $33.11 $28.06 $34.10 $28.90 $35.12 Storekeeper Materials Management Clerk 562 $25.94 $31.76 $31.55 $38.55 $26.72 $33.03 $32.50 $40.09 $27.52 $34.19 $33.48 $41.49 Office Assistant 50 $24.69 $27.37 $30.00 $33.26 $25.43 $28.46 $30.90 $34.59 $26.19 $29.46 $31.83 $35.80 I I ~ I 8972311.1 OR040-030 MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE ORANGE COUNTY EMPLOYEES ASSOCIATION FOR THE TECHNICAL SERVICES UNIT July 1, 202219 through June 30, 20252 OCEA – Technical Services MOU July 1, 2019 to June 30, 2022 Page i 8972311.1 OR040-030 TABLE OF CONTENTS ARTICLE 1. - RECOGNITION ................................................................................................................................. 1 ARTICLE 2. - DURATION ....................................................................................................................................... 1 ARTICLE 3. - SUCCESSOR AGREEMENT ........................................................................................................... 1 ARTICLE 4. - OCEA ACCESS ................................................................................................................................ 1 ARTICLE 5. - OCEA RIGHTS ................................................................................................................................. 2 ARTICLE 6. - DISTRICTOC SAN RIGHTS ............................................................................................................. 2 ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT ..................................................................................... 2 ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT .......................................................................................... 2 ARTICLE 9. - SAFETY ............................................................................................................................................ 3 ARTICLE 10. - DISCIPLINE AND DISMISSAL ...................................................................................................... 3 ARTICLE 11. - GRIEVANCE PROCEDURE ........................................................................................................... 4 ARTICLE 12. - PROBLEM SOLVING PROCEDURE ............................................................................................. 6 ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION ...................................................................... 6 ARTICLE 14. - SEVERANCE PAY ......................................................................................................................... 7 ARTICLE 15. - DEFERRED COMPENSATION ...................................................................................................... 7 ARTICLE 16. - HOLIDAYS ...................................................................................................................................... 7 ARTICLE 17. - HOURS OF WORK ......................................................................................................................... 9 ARTICLE 18. - CALL-BACK PAY .......................................................................................................................... 9 ARTICLE 19. - STANDBY PAY .............................................................................................................................. 9 ARTICLE 20. - INSURANCE ................................................................................................................................... 9 20.3 MEDICAL INSURANCE ............................................................................................................................... 9 20.4 LIFE INSURANCE .................................................................................................................................... 10 20.5 SHORT TERM DISABILITY ........................................................................................................................ 10 20.6 LONG TERM DISABILITY .......................................................................................................................... 10 20.7 DENTAL INSURANCE ............................................................................................................................... 10 20.8 VISION INSURANCE ................................................................................................................................ 10 20.9 RETIRING EMPLOYEES ........................................................................................................................... 10 20.10 HEALTH RETIREMENT ACCOUNT REOPENER............................................................................................ 10 ARTICLE 21. - REIMBURSEMENT ACCOUNT ................................................................................................... 11 21.2 GROUP INSURANCE PREMIUMS ............................................................................................................... 11 21.3 MEDICAL CARE REIMBURSEMENT ACCOUNT ............................................................................................ 11 21.4 DEPENDENT CARE ASSISTANCE ACCOUNT .............................................................................................. 11 ARTICLE 22. - OVERTIME ................................................................................................................................... 11 ARTICLE 23. - PROBATIONARY PERIOD .......................................................................................................... 11 ARTICLE 24. - PROMOTIONS.............................................................................................................................. 12 ARTICLE 25. - RETIREMENT ............................................................................................................................... 12 ARTICLE 26. - SHIFT DIFFERENTIAL ................................................................................................................. 13 ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY .............................................................................................. 13 27.1 VACATION LEAVE ................................................................................................................................... 13 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 .................................................................................................................................... 19 28.6 RETURN TO WORK POLICY ..................................................................................................................... 18 28.7 COMPLIANCE WITH LAW ......................................................................................................................... 20 ARTICLE 29. - CLASSIFICATION STUDIES ....................................................................................................... 20 ARTICLE 30. - DRIVER'S LICENSE ..................................................................................................................... 21 ARTICLE 31. - LAYOFF PROCEDURE ................................................................................................................ 20 ARTICLE 32. - LIGHT DUTY................................................................................................................................. 22 ARTICLE 33. - MEDICAL EXAMINATION ........................................................................................................... 22 ARTICLE 34. - MILEAGE ALLOWANCE ............................................................................................................. 21 OCEA – Technical Services MOU July 1, 202219 to June 30, 20252 Page ii 8972311.1 OR040-030 ARTICLE 35. - ACTING PAY ................................................................................................................................ 21 ARTICLE 36........................................................................................................................................................... 21 ARTICLE 37. - PERSONNEL FILES .................................................................................................................... 21 ARTICLE 38. - BULLETIN BOARDS .................................................................................................................... 23 ARTICLE 39. - RELEASE TIME FOR MEET AND CONFER SESSIONS ........................................................... 23 ARTICLE 40. - USE OF DISTRICTOC SAN FACILITIES .................................................................................... 23 ARTICLE 41. - SCOPE OF BARGAINING ........................................................................................................... 23 ARTICLE 42. - IMPASSE PROCEDURES ........................................................................................................... 22 ARTICLE 43. - SEVERABILITY ............................................................................................................................ 24 ARTICLE 44. - UNIFORMS ................................................................................................................................... 24 ARTICLE 45. - SUBSTANCE ABUSE POLICY .................................................................................................... 24 ARTICLE 46. - DUES DEDUCTIONS ................................................................................................................... 23 ARTICLE 47........................................................................................................................................................... 23 ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES ................................................................................. 24 ARTICLE 49........................................................................................................................................................... 25 ARTICLE 50. - WORKPLACE VIOLENCE AND WEAPONS POLICY ................................................................ 25 ARTICLE 51. - RESIGNATION ............................................................................................................................. 25 ARTICLE 52........................................................................................................................................................... 25 ARTICLE 53. - LABOR MANAGEMENT COMMITTEE………………………………………………….……………24 SIGNATURE PAGE ............................................................................................................................................... 26 EXHIBIT A ............................................................................................................................................................. 27 OCEA – Technical Services MOU July 1, 202219 to June 30, 20252 Page 1 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. 75-127OCSD 18-18 of the JointOrange County Sanitation BoardDistrict’s (OC San) Board of Directors, the DistrictOC San'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, 202219, is entered into between the Orange County Sanitation DistrictOC San, referred to hereinafter as the “DistrictOC San,” and the Orange County Employees Association, referred to hereinafter as “OCEA.” 1.2 The DistrictOC San 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 DistrictOC San. ARTICLE 2. - DURATION 2.1 This Agreement shall be binding on the DistrictOC San and OCEA when approved and adopted by the DistrictOC San’s Board of Directors. This Agreement shall terminate on June 30, 20252. 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 99-2418-18. 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 DistrictOC San’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 DistrictOC San’s operations, or with the work of employees in any manner. The DistrictOC San reserves the right to restrict access in certain areas designated as confidential or secure. I ==- OCEA – Technical Services MOU July 1, 202219 to June 30, 20252 Page 2 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 DistrictOC San 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 DistrictOC San 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. – DISTRICTOC SAN RIGHTS 6.1 DistrictOC San inherent rights, powers, functions, duties, responsibilities and authority related to a managerial or administrative character are reserved to the DistrictOC San in its exercise of management decision-making, except as specifically modified by the express provisions of this Memorandum. DistrictOC San 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 DistrictOC San operations; determine the methods, means and personnel by which DistrictOC San 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 DistrictOC San 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. DistrictOC San 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 DistrictOC San 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 DistrictOC San’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 DistrictOC San 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 DistrictOC San 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 DistrictOC San facilities, and may occur only in areas posted for smoking. OCEA – Technical Services MOU July 1, 202219 to June 30, 20252 Page 3 8972311.1 OR040-030 ARTICLE 9. - SAFETY 9.1 It is the duty of the DistrictOC San 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 DistrictOC San, 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 DistrictOC San 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 DistrictOC San 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 DistrictOC San 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 DistrictOC San may reduce discipline without further notice. Further clarification of the disciplinary policies and procedures are covered in the DistrictOC San’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 DistrictOC San property or funds, fight- ing on the job, insubordination, acts endangering people or property, “no call/no show” or other serious misconduct. The DistrictOC San may substitute documented suspensions without pay for written reprimands. 10.7.1 Employees who fail to provide any notice to their supervisor and fail to report to work as scheduled shall be considered "no call/no show" and shall be subject to discipline, up to and including termination. Employees who fail to provide any notice to their supervisor and fail to report to work for three (3) or more consecutive days will be considered to have abandoned their job and shall be subject to discipline up to and including OCEA – Technical Services MOU July 1, 202219 to June 30, 20252 Page 4 8972311.1 OR040-030 termination. 10.710.8 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 DistrictOC San. 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. 10.810.9 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 DistrictOC San’s proposed discipline. 10.910.10 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. 10.1010.11 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 DistrictOC San by an individual employee within the Unit or by the OCEA. The DistrictOC San 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 DistrictOC San 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 DistrictOC San 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, with a copy provided to the Director of Human Resources or OCEA – Technical Services MOU July 1, 202219 to June 30, 20252 Page 5 8972311.1 OR040-030 designee. This request for formal review must be presented on a form provided by the DistrictOC San 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. 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 DistrictOC San 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 DistrictOC San 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. OCEA – Technical Services MOU July 1, 202219 to June 30, 20252 Page 6 8972311.1 OR040-030 ARTICLE 12. - PROBLEM SOLVING PROCEDURE 12.1 Employees may bring problems to the attention of DistrictOC San managers through the Problem Solving Procedure. This Procedure was developed to encourage and facilitate the resolution of employee concerns in a responsive and fair manner, and may be used to attempt to resolve issues that may not be subjected to the Grievance Procedure. Any reference to days in this article implies business days. 12.2 Employees should discuss concerns regarding issues that are not grievable with their supervisor as soon as possible. The supervisor shall review the situation or decision, and provide a written response within five days from the date they were notified of the problem. 12.3 If the problem is not resolved to the employee's satisfaction, the employee may file a written statement concerning the problem with the Director of Human Resources, or designee, within ten (10) days of receipt of the supervisor's decision. Upon request of either party, a meeting shall be held to define issues and establish the remedies sought. The employee shall be provided a written response within ten (10) days after his or her statement is received. Time limits may be extended for cause upon mutual consent of the parties, and the decision of the Director of Human Resources, or designee, is final. ARTICLE 13. - SALARY ADJUSTMENTS AND COMPENSATION 13.1 Each pay grade is divided into five (5) steps, with an approximate 5.0% difference between each step. 13.2 Pay increases will only apply to eligible employees in an active payroll status on the effective date of implementation. Eligible employees will not receive retroactivity if active payroll status becomes effective after the date of implementation. 13.3 Merit Pay 13.3.1 Step Increase Pay – Bargaining unit employees will be eligible for Step Increase Pay based upon receipt of year-end performance appraisal ratings issued by the assigned supervisor. Step Increase Pay will be paid according to the following: 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 an DistrictOC San 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. The maximum amount of OCEA – Technical Services MOU July 1, 202219 to June 30, 20252 Page 7 8972311.1 OR040-030 certification/license pay for any combination of certificates and/or licenses is fixed at $45.72 per pay period. 13.3.2.1 The overall maximum Development Pay for education, certification and/or licenses is fixed at $87.25 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 202219, employees under this Agreement will receive salary range adjustments at a flat rate of 3.04.5%. 13.4.2 Effective the first pay period in July 20230, employees under this Agreement will receive salary range adjustments at a flat rate of 34.0%. 13.4.3 Effective the first pay period in July 20241, employees under this Agreement will receive salary range adjustments at a flat rate of 3.50%. 13.5 One-Time Lump Sum Payment – Employees hired or promoted into the Group as of the last day of the first full pay period in July 2022 will receive a $1,500 one-time payment. 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 or release from probation, when a full-time employee is terminated by action of the DistrictOC San, the employee shall be notified in writing two (2) weeks prior to the effective separation date. In the event the DistrictOC San 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 DistrictOC San’s approved deferred compensation plan subject to IRS requirements, and in accordance with all guidelines for voluntary participation established by DistrictOC San management. 15.2 Effective the first full pay period in July 2022, employees covered by OCERS Plans B and U and who participate in the deferred compensation plan, are eligible to receive up to a $160 per month matching OC San contribution. ARTICLE 16. - HOLIDAYS 16.1 The days listed below are observed by the DistrictOC San as holidays. Employees will receive holiday pay if their entire scheduled work shift immediately preceding and following the holiday are in a paid payroll OCEA – Technical Services MOU July 1, 202219 to June 30, 20252 Page 8 8972311.1 OR040-030 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 BirthdayMartin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day before Christmas Christmas Day Floating Holiday** (refer to Section 16.2) 16.2 Employees may elect one (1) day during each year aswill be granted a "Floating Holiday" hours equal to and no less than one (1) regular workday during each calendar year. Floating Holiday hours may be utilized in one quarter (.25) hour increments. 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% 4th Quarter (October-December) 0% 16.3 Employees must use the “Floating Holiday” within the calendar year it is granted, and it is not subject to cash out or eligible for any mandatory payout regardless of reason. Every effort will be made to approve an employee's request for a "Floating Holiday" off providing sufficient notice is given. OCEA – Technical Services MOU July 1, 202219 to June 30, 20252 Page 9 8972311.1 OR040-030 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 DistrictOC San may, at its sole discretion, change an employee’s work schedule with thirty (30) days written notice to the affected employee. 17.4 OC San may provide the option of telecommuting, as set forth in the Telecommuting Policy. ARTICLE 18. - CALL-BACK PAY 18.1 When an employee is called back to work by DistrictOC San 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 DistrictOC San 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 five hundred (500) dollars per week, and shall receive Call Back pay when they are actually called to work. ARTICLE 20. – INSURANCE 20.1 The DistrictOC San 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 DistrictOC San 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 DistrictOC San shall contribute 90% of employee only premiums for the HMO medical health plan and 80% of employee only premiums for the PPO medical OCEA – Technical Services MOU July 1, 202219 to June 30, 20252 Page 10 8972311.1 OR040-030 health plan. The DistrictOC San 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 DistrictOC San and employees currently pay premiums. Before the renewal of any DistrictOC San’s sponsored health insurance plan, the parties agree to meet and confer as to changes in the plan. 20.3.3 The DistrictOC San 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 DistrictOC San unless such change is either (1) mandated by the ACA, or (2) mutually agreed upon by the parties. 20.4 Life Insurance The DistrictOC San shall pay the full premium for $50,000 term life insurance on each employee. 20.5 Short Term Disability The DistrictOC San 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 DistrictOC San 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 disa- bility, 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 DistrictOC San’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 DistrictOC San paid Long Term Disability may purchase such coverage at his or her own expense. 20.7 Dental Insurance The DistrictOC San will contribute 80% of employee only and 80% of full family premiums for dental insurance. 20.8 Vision Insurance The DistrictOC San shall provide a vision insurance plan for regular, full-time employees and eligible dependents. 20.9 Retiring Employees 20.9.1 The DistrictOC San 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 DistrictOC San’s medical plan. OCEA – Technical Services MOU July 1, 202219 to June 30, 20252 Page 11 8972311.1 OR040-030 20.9.2 In the event the DistrictOC San adds additional optional insurance plans, the DistrictOC San's share of the premium shall be the same as for existing plans as set forth above. In the event the DistrictOC San changes underwriters for existing insurance plans, the DistrictOC San’s share of the premium shall be the same as for existing insurance plans as set forth above. 20.9.3 The DistrictOC San 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 year of continuous service up to a maximum of 25 years or $250 per month. Employees hired on or after August 1, 2011 shall not be eligible for the retiree medical health premium offset. 20.9.4 Continuous service is calculated based on benefitted employment. Time as an intern or in non-benefited status shall not count toward continuous service. 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 DistrictOC San decides upon the need for overtime or additional work. The DistrictOC San may require the performance of overtime. In the event no qualified employee wishes to work overtime, DistrictOC San’s management may select employees with the ability to perform the work by inverse seniority. DistrictOC San managers shall attempt to evenly dis- tribute 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 monthsone year of employment without a break in service. OCEA – Technical Services MOU July 1, 202219 to June 30, 20252 Page 12 8972311.1 OR040-030 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. 23.3 New employees serving their initial probationary period shall be eligible for Development Pay and/or certification/license reimbursement the first day of the pay period following six months of employment without a break in service. 23.4 An employee may be released during his or her initial Pprobationary Pperiod at the discretion of the DistrictOC San without recourse to the Grievance, Discipline or Appeal Procedure (i.e., an employee is “at- will during his/her initial Pprobationary Pperiod. Probationary eEmployees within the initial probationary period do not have any property rights in their job during probation and may be separated with or without cause. 23.53 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 DistrictOC San will determine whether a vacant position shall be filled as an open or promotional opportunity or recruitment. Whenever the DistrictOC San intends to fill a position by promotion, the DistrictOC San shall post the opportunity for a minimum of ten (10) business days. Employees must apply during the period of posting. Notices shall be posted on the DistrictOC San’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 DistrictOC San’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 DistrictOC San 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 DistrictOC San. 25.1.1 Employees hired before September 21, 1979: The District will continue to contract with OCERS to provide the 2.5% @ 55 benefit formula (Plan G) based on the highest consecutive twelve (12) months average earnings, past and future service. 25.1.12 Employees hired on or after September 21, 1979 and before August 1, 2011: The DistrictOC San 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. ---- OCEA – Technical Services MOU July 1, 202219 to June 30, 20252 Page 13 8972311.1 OR040-030 25.1.12.1 The DistrictOC San will continue to pay 3.5% of an eligible employee’s base salary toward the employee’s contributions to OCERS. 25.1.23 Employees hired on or after August 1, 2011 and before January 1, 2013: The DistrictOC San 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. 25.1.23.1 The DistrictOC San will pay 0% of an eligible employee’s base salary towards the employee’s contribution to OCERS. 25.1.34 Employees hired on or after January 1, 2013: The DistrictOC San 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. 25.1.34.1 The DistrictOC San 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 DistrictOC San Policy. OCEA – Technical Services MOU July 1, 202219 to June 30, 20252 Page 14 8972311.1 OR040-030 27.1.3 Vacation leave may only be utilized in increments of one-quarter 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 DistrictOC San 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 DistrictOC San 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 in 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. OCEA – Technical Services MOU July 1, 202219 to June 30, 20252 Page 15 8972311.1 OR040-030 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 DistrictOC San 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-quarter hour increments. Human Resources and department management shall be responsible for control of abuse of the sick leave privilege. If notified in advance, the employee may be required, at any time, to furnish a certificate issued by a licensed physician or nurse, or other satisfactory evidence of illness; however, for absences of ten consecutive working days or more, a request for leave and a medical statement, on prescribed forms, stating expected date of return must be submitted to Human Resources. Upon return to work, a written doctor's release must be submitted to Human Resources. For absences of one or more working days in an unpaid status, a request for leave 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 DistrictOC San’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 DistrictOC San for time not actually retained on jury unless there is less than ½ 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 DistrictOC San for deposit in the General Fund of the DistrictOC San. 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 OCEA – Technical Services MOU July 1, 202219 to June 30, 20252 Page 16 8972311.1 OR040-030 entitled to receive regular pay for such witness leave, the employee must report for work at the DistrictOC San 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 DistrictOC San 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 out or eligible for any mandatory payout. I I I I OCEA – Technical Services MOU July 1, 202219 to June 30, 20252 Page 17 8972311.1 OR040-030 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 DistrictOC San 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 DistrictOC San 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 and/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 and/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 – Technical Services MOU July 1, 202219 to June 30, 20252 Page 18 8972311.1 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 or,. 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 DistrictOC San requests thirty (30) days advance notice. 28.4.4 Medical Certification As a condition of FMLA and/or CFRA Leave because of a serious health condition, the DistrictOC San 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/or CFRA Leave, the DistrictOC San 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 and/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 DistrictOC San’s obligation to continue health and dental or other benefits shall cease. 28.4.7 DistrictOC San Employment of Spouses/Domestic Partners 28.4.7.1 FMLA Leave. Married employees shall be limited to a combined total of twelve (12) OCEA – Technical Services MOU July 1, 202219 to June 30, 20252 Page 19 8972311.1 OR040-030 weeks FMLA and/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 newly born or placed child. 28.5 General Leave 28.5.1 Employees who have exhausted all paid time off accruals may request to be granted a general leave-of-absence by DistrictOC San management to attend to personal matters or for FMLA and/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 DistrictOC San’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 DistrictOC San within one (1) year, the DistrictOC San 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 and/or CFRA Leave, or any DistrictOC San 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 DistrictOC San’s OCEA – Technical Services MOU July 1, 202219 to June 30, 20252 Page 20 8972311.1 OR040-030 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. DistrictOC San’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 The findings of the Human Resources Department and the decision by the General Manager are final and not subject to the appeal, problem-solving or grievance processes. 29.1.2 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 OC San’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 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. 29.2.12 In the event the duties and responsibilities of a position are allocated to a lower paid classification, the salary of the incumbent of that position shall remain unchanged (Y-rated) in accordance with the following table: Years of Service Term of Y-Rate 0-3 1 year 4-5 2 years 6-10 3 years 11-20 4 years 20 or more 5 years OCEA – Technical Services MOU July 1, 202219 to June 30, 20252 Page 21 8972311.1 OR040-030 29.2.23 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 DistrictOC San’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. 29.2.34 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 DistrictOC San’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. 29.4 Reopener: OC San and OCEA agree to reopen this Agreement to meet and confer regarding the comparison agencies used for any classification and compensation studies. ARTICLE 30. - DRIVER'S LICENSE 30.1 Employees who are required by the DistrictOC San 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 DistrictOC San 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 DistrictOC San management’s discretion. 30.3 The DistrictOC San will continue to pay the license renewals and physical examination costs of Class A & B licenses that are specifically required by the DistrictOC San. ARTICLE 31. - LAYOFF PROCEDURE 31.1 Nothing herein shall be construed to require the DistrictOC San to fill vacant, budgeted positions nor to prohibit the DistrictOC San from eliminating vacant positions from the budget. The DistrictOC San 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 DistrictOC San 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 DistrictOC San 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. OCEA – Technical Services MOU July 1, 202219 to June 30, 20252 Page 22 8972311.1 OR040-030 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 DistrictOC San. 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 DistrictOC San 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 DistrictOC San time and at DistrictOC San 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 DistrictOC San business shall be reimbursed at the current IRS rate. ARTICLE 35. - ACTING PAY 35.1 Employees who are assigned by DistrictOC San 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.) OCEA – Technical Services MOU July 1, 202219 to June 30, 20252 Page 23 8972311.1 OR040-030 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 DistrictOC San employees, provided that: (a) no controversial matter which is critical of or derogatory to the DistrictOC San, its employees, officers or Directors may be posted; (b) nothing posted by the DistrictOC San 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 DistrictOC San permits the time away from assigned work. ARTICLE 40. - USE OF DISTRICTOC SAN FACILITIES 40.1 DistrictOC San 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 DistrictOC San operations. The OCEA agrees to pay for the cost of any additional custodial or security services. ARTICLE 41. - SCOPE OF BARGAINING 41.1 The DistrictOC San 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 DistrictOC San 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 DistrictOC San 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. OCEA – Technical Services MOU July 1, 202219 to June 30, 20252 Page 24 8972311.1 OR040-030 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 DistrictOC San and OCEA. 43.3.3 Board Actions: If the parties fail to resolve the impasse, the dispute shall be sent to the DistrictOC San’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 DistrictOC San, the DistrictOC San 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 DistrictOC San shall provide and maintain ten (10) uniform pants and shirts, which may include the name of the employee and DistrictOC San’s seal, at no cost to employees whose duties require that they wear uniforms. The DistrictOC San will also provide lab coats as required by the lab manager. 44.2 Employees covered by this agreement shall receive a safety boot allowance in the amount of $225 at the beginning of each fiscal year. 44.32 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 DistrictOC San 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 DistrictOC San’s Substance Abuse Policy will apply to all unit members. The DistrictOC San 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 DistrictOC San’s Anti-Drug and Alcohol Program. The DistrictOC San 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 DistrictOC San’s Substance Abuse Policy OCEA – Technical Services MOU July 1, 202219 to June 30, 20252 Page 25 8972311.1 OR040-030 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 DistrictOC San 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 DistrictOC San shall provide the OCEA a quarterly list of the names of those employees for whom it has made deductions. In addition, the DistrictOC San 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 DistrictOC San 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 DistrictOC San’s Workplace Violence and Weapons Policy will apply to all unit members. ARTICLE 51. - RESIGNATION 51.1 Employees resigning from OC San are expected to give a minimum of two (2) weeks advanced written notificationnotice prior to leaving when terminating employment with OC San. OC San may accept in writing any employee’s verbal or written resignation at any time and deem such resignation irrevocable. Voluntary written termination of employment with the DistrictOC San 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 (OCSDOC San) hereby agree to meet within two (2) months from the OCSD OC San Board approval of this MOU to discuss the structure and process of a Labor Management Committee at OCSDOC San. 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, 202219 to June 30, 20252 Page 26 8972311.1 OR040-030 SIGNATURE PAGE 202219 – 20252 MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICTDISTRICT AND THE ORANGE COUNTY EMPLOYEES ASSOCIATION FOR THE TECHNICAL SERVICES UNIT Executed: ________________________________ OCEA TECHNICAL SERVICES UNIT ORANGE COUNTY SANITATION DISTRICTOC SAN Saliem Aregaye, Lead Negotiator Laura Drottz Kalty, Lead Negotiator Aaron PeardonAlisha Greene, Labor Representative Celia Chandler, Director of Human Resources Danielle Chau, Labor Representative Laura Maravilla, Human Resources & Risk Manager Janine Aguilar, Human Resources Supervisor Joe Vallone, Information Technology Technician II Janine Aguilar, Human Resources SupervisorLaura Maravilla, Human Resources & Risk Manager Jose Juan Ambriz, Environmental Technician Andrew Nau, Human Resources Supervisor Thys DeVries, Principal Human Resources Analyst Stephanie Barron, Senior Human Resources Analyst OC E A – Te c h n i c a l S e r v i c e s M O U Ju l y 1 , 2 0 22 1 9 to J u n e 3 0 , 2 0 2 52 Pa g e 2 7 89 7 2 3 1 1 . 1 O R 0 4 0 -03 0 Ex h i b i t A TE C H N I C A L S E R V I C E S UN I T Pa y Ef f e c t i v e Ef f e c t i v e Ef f e c t i v e 51 -Ju l -19 2 2 314 -Ju l -2 30 12- Ju l -2 41 Cl a s si f i c a t i o n Gr a d e MI N MA X MI N MA X MI N MA X Le a d S o u r c e C o n t r o l I n s p e c t o r 77 $48 . 0 9 53 . 3 2 $58 . 4 6 6 4. 8 1 $49 . 5 3 55 . 4 5 $60 . 2 1 67 . 4 0 $51 . 0 2 57 . 3 9 $62 . 0 2 6 9. 7 6 Da t a M a n a g e m e n t T e c h n i c i a n I I 75 $45 . 7 6 50 . 7 2 $55 . 6 3 6 1. 6 8 $47 . 1 3 52 . 7 5 $57 . 3 0 64 . 1 5 $48 . 5 4 54 . 6 0 $59 . 0 2 6 6. 4 0 So u r c e C o n t r o l I n s p e c t o r I I 73 $43 . 5 4 48 . 2 8 $52 . 9 3 5 8. 6 9 $44 . 8 5 50 . 2 1 $54 . 5 2 61 . 0 4 $46 . 2 0 51 . 9 7 $56 . 1 6 6 3. 1 8 Da t a M a n a g e m e n t T e c h n i c i a n I 71 $41 . 4 4 45 . 9 4 $50 . 3 7 5 5. 8 4 $42 . 6 8 47 . 7 8 $51 . 8 8 58 . 0 7 $43 . 9 6 49 . 4 5 $53 . 4 4 6 0. 1 0 So u r c e C o n t r o l I n s p e c t o r I 69 $39 . 4 7 43 . 7 5 $47 . 9 9 5 3. 2 0 $40 . 6 5 45 . 5 0 $49 . 4 3 55 . 3 3 $41 . 8 7 47 . 0 9 $50 . 9 1 5 7. 2 7 In f o r m a t i o n T e c h n o l o g y Te c h n i c i a n II 65 $35 . 7 6 39. 6 4 $43 . 4 5 4 8. 1 6 $36 . 8 3 41 . 2 3 $44 . 7 5 50 . 0 9 $37 . 9 3 42 . 6 7 $46 . 0 9 5 1. 8 4 En v i r o n m e n t a l T e c h n i c i a n 61 $32 . 3 8 35 . 9 0 $39 . 3 7 4 3. 6 5 $33 . 3 5 37 . 3 4 $40 . 5 5 45 . 4 0 $34 . 3 5 38 . 6 5 $41 . 77 4 6. 9 9 In f o r m a t i o n T e c h n o l o g y Te c h n i c i a n I 61 $3 2 . 3 8 $3 9 . 3 7 $3 3 . 3 5 $4 0 . 5 5 $3 4 . 3 5 $4 1 . 7 7 I I ,1 ,1 II '1 II '1 II 8972312.1 OR040-030 MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE ORANGE COUNTY EMPLOYEES ASSOCIATION FOR THE ENGINEERING UNIT July 1, 202219 through June 30, 20252 OCEA – Engineering MOU July 1, 202219 to June 30, 20252 Page i 8972312.1 OR040-030 TABLE OF CONTENTS ARTICLE 1. - RECOGNITION ................................................................................................................................. 1 ARTICLE 2. - DURATION ....................................................................................................................................... 1 ARTICLE 3. - SUCCESSOR AGREEMENT ........................................................................................................... 1 ARTICLE 4. - OCEA ACCESS ................................................................................................................................ 1 ARTICLE 5. - OCEA RIGHTS ................................................................................................................................. 2 ARTICLE 6. – DISTRICTOC SAN RIGHTS ............................................................................................................ 2 ARTICLE 7. - NONDISCRIMINATION IN EMPLOYMENT ..................................................................................... 2 ARTICLE 8. - SMOKE-FREE WORK ENVIRONMENT .......................................................................................... 2 ARTICLE 9. - 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 ARTICLE 16. - HOLIDAYS ...................................................................................................................................... 7 ARTICLE 17. - HOURS OF WORK ......................................................................................................................... 8 ARTICLE 18. - CALL-BACK PAY .......................................................................................................................... 9 ARTICLE 19. - STANDBY PAY .............................................................................................................................. 9 ARTICLE 20. - INSURANCE ................................................................................................................................... 9 20.3 MEDICAL INSURANCE ............................................................................................................................... 9 20.4 LIFE INSURANCE .................................................................................................................................... 10 20.5 SHORT TERM DISABILITY ........................................................................................................................ 10 20.6 LONG TERM DISABILITY .......................................................................................................................... 10 20.7 DENTAL INSURANCE ............................................................................................................................... 10 20.8 VISION INSURANCE ................................................................................................................................ 10 20.9 RETIRING EMPLOYEES ........................................................................................................................... 10 20.10 HEALTH RETIREMENT ACCOUNT REOPENER............................................................................................ 10 ARTICLE 21. - REIMBURSEMENT ACCOUNT ................................................................................................... 11 21.2 GROUP INSURANCE PREMIUMS ............................................................................................................... 11 21.3 MEDICAL CARE REIMBURSEMENT ACCOUNT ............................................................................................ 11 21.4 DEPENDENT CARE ASSISTANCE ACCOUNT .............................................................................................. 11 ARTICLE 22. - OVERTIME ................................................................................................................................... 10 ARTICLE 23. - PROBATIONARY PERIOD .......................................................................................................... 11 ARTICLE 24. - PROMOTIONS.............................................................................................................................. 12 ARTICLE 25. - RETIREMENT ............................................................................................................................... 12 ARTICLE 26. - SHIFT DIFFERENTIAL ................................................................................................................. 13 ARTICLE 27. - LEAVE-OF-ABSENCE WITH PAY .............................................................................................. 13 27.1 VACATION LEAVE ................................................................................................................................... 13 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 –Engineering MOU July 1, 202219 to June 30, 20252 Page ii 8972312.1 OR040-030 ARTICLE 35. - ACTING PAY ................................................................................................................................ 21 ARTICLE 36........................................................................................................................................................... 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 DISTRICTOC SAN FACILITIES .................................................................................... 23 ARTICLE 41. - SCOPE OF BARGAINING ........................................................................................................... 23 ARTICLE 42. - IMPASSE PROCEDURES ........................................................................................................... 22 ARTICLE 43. - SEVERABILITY ............................................................................................................................ 23 ARTICLE 44. - UNIFORMS ................................................................................................................................... 23 ARTICLE 45. - SUBSTANCE ABUSE POLICY .................................................................................................... 24 ARTICLE 46. - DUES DEDUCTIONS ................................................................................................................... 23 ARTICLE 47........................................................................................................................................................... 23 ARTICLE 48. - PEACEFUL RESOLUTION OF DISPUTES ................................................................................. 23 ARTICLE 49........................................................................................................................................................... 24 ARTICLE 50. - WORKPLACE VIOLENCE AND WEAPONS POLICY ................................................................ 25 ARTICLE 51. - RESIGNATION ............................................................................................................................. 25 ARTICLE 52........................................................................................................................................................... 25 ARTICLE 53. - LABOR MANAGEMENT COMMITTEE………………………………………………….……………24 SIGNATURE PAGE ............................................................................................................................................... 26 EXHIBIT A ............................................................................................................................................................. 28 OCEA – Engineering MOU July 1, 202219 to June 30, 20252 Page 1 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. 75-127OCSD 18-18 of the Joint Orange County Sanitation District’s (OC San) Board of Directors, the DistrictOC San'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, 201229, is entered into between the Orange County Sanitation DistrictOC San, referred to hereinafter as the “DistrictOC San,” and the Orange County Employees Association, referred to hereinafter as “OCEA.” 1.2 The DistrictOC San 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 DistrictOC San. ARTICLE 2. - DURATION 2.1 This Agreement shall be binding on the DistrictOC San and OCEA when approved and adopted by the DistrictOC San’s Board of Directors. This Agreement shall terminate on June 30, 20252. 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 99-2418-18. 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 DistrictOC San’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 DistrictOC San’s operations, or with the work of employees in any manner. The DistrictOC San reserves the right to restrict access in certain areas designated as confidential or secure. I =-- OCEA –Engineering MOU July 1, 202219 to June 30, 20252 Page 2 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 DistrictOC San 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 DistrictOC San 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. – DISTRICTOC SAN RIGHTS 6.1 DistrictOC San inherent rights, powers, functions, duties, responsibilities and authority related to a managerial or administrative character are reserved to the DistrictOC San in its exercise of management decision-making, except as specifically modified by the express provisions of this Memorandum. DistrictOC San 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 DistrictOC San operations; determine the methods, means and personnel by which DistrictOC San 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 DistrictOC San 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. DistrictOC San 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 DistrictOC San 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 DistrictOC San’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 DistrictOC San 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 DistrictOC San 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 DistrictOC San facilities, and may occur only in areas posted for smoking. ARTICLE 9. - SAFETY 9.1 It is the duty of the DistrictOC San 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 OCEA –Engineering MOU July 1, 202219 to June 30, 20252 Page 3 8972312.1 OR040-030 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 DistrictOC San, 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 DistrictOC San 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 DistrictOC San 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 DistrictOC San 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 DistrictOC San may reduce discipline without further notice. Further clarification of the disciplinary policies and procedures are covered in the DistrictOC San’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 DistrictOC San property or funds, fight- ing on the job, insubordination, acts endangering people or property, “no call/no show” or other serious misconduct. The DistrictOC San may substitute documented suspensions without pay for written reprimands. 10.7.1 Employees who fail to provide any notice to their supervisor and fail to report to work as scheduled shall be considered "no call/no show" and shall be subject to discipline, up to and including termination. Employees who fail to provide any notice to their supervisor and fail to report to work for three (3) or more consecutive days will be considered to have abandoned their job and shall be subject to discipline up to and including termination. 10.710.8 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 OCEA –Engineering MOU July 1, 202219 to June 30, 20252 Page 4 8972312.1 OR040-030 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 DistrictOC San. 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. 10.810.9 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 DistrictOC San’s proposed discipline. 10.910.10 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. 10.1010.11 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 DistrictOC San by an individual employee within the Unit or by the OCEA. The DistrictOC San 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 DistrictOC San 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 DistrictOC San 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, with a copy provided to the Director of Human Resources or designee. This request for formal review must be presented on a form provided by the DistrictOC San 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; OCEA –Engineering MOU July 1, 202219 to June 30, 20252 Page 5 8972312.1 OR040-030 b) Specify how the employee was adversely affected; c) List the specific provisions of the MOU that were allegedly violated and state how they were violated; d) Specify the remedy requested; and e) Provide the date of attempts at informal resolution and the name of the supervisor or individual involved. 11.4.2.1 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 DistrictOC San 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 DistrictOC San 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 DistrictOC San 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 –Engineering MOU July 1, 202219 to June 30, 20252 Page 6 8972312.1 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 an DistrictOC San 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. The maximum amount of certification/license pay for any combination of certificates and/or licenses is fixed at $45.72 per pay period. 13.3.2.1 The overall maximum Development Pay for education, certification and/or licenses is fixed at $87.25 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 –Engineering MOU July 1, 202219 to June 30, 20252 Page 7 8972312.1 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 202219, employees under this Agreement will receive salary range adjustments at a flat rate of 4.53.0%. 13.4.2 Effective the first pay period in July 20230, employees under this Agreement will receive salary range adjustments at a flat rate of 34.0%. 13.4.3 Effective the first pay period in July 20241, employees under this Agreement will receive salary range adjustments at a flat rate of 3.50%. 13.5 One-Time Lump Sum Payment – Employees hired or promoted into the Group as of the last day of the first full pay period in July 2022 will receive a $1,500 one-time payment. 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 or release from probation, when a full-time employee is terminated by action of the DistrictOC San, the employee shall be notified in writing two (2) weeks prior to the effective separation date. In the event the DistrictOC San 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 DistrictOC San’s approved deferred compensation plan subject to IRS requirements, and in accordance with all guidelines for voluntary participation established by DistrictOC San management. 15.2 Effective the first full pay period in July 2022, employees covered by OCERS Plans B and U and who participate in the deferred compensation plan, are eligible to receive up to a $160 per month matching OC San contribution. ARTICLE 16. - HOLIDAYS 16.1 The days listed below are observed by the DistrictOC San 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). OCEA –Engineering MOU July 1, 202219 to June 30, 20252 Page 8 8972312.1 OR040-030 HOLIDAY New Year's Day Lincoln's BirthdayMartin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day before Christmas Christmas Day Floating Holiday** (refer to Section 16.2) 16.2 Employees may elect one (1) day during each year as awill be granted "Floating Holiday" hours equal to and no less than one (1) regular workday during each calendar year. Floating Holiday hours may be utilized in one quarter (.25) hour increments. 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% 4th Quarter (October-December) 0% 16.3 Employees must use the “Floating Holiday” within the calendar year it is granted, and it is not subject to cash out or eligible for any mandatory payout regardless of reason. 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. OCEA –Engineering MOU July 1, 202219 to June 30, 20252 Page 9 8972312.1 OR040-030 17.3 The DistrictOC San may, at its sole discretion, change an employee’s work schedule with thirty (30) days written notice to the affected employee. 17.4 OC San may provide the option of telecommuting, as set forth in the Telecommuting Policy. ARTICLE 18. - CALL-BACK PAY 18.1 When an employee is called back to work by DistrictOC San 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 DistrictOC San 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 five hundred (500) dollars per week, and shall receive Call Back pay when they are actually called to work. ARTICLE 20. – INSURANCE 20.1 The DistrictOC San 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 DistrictOC San 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 DistrictOC San 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 DistrictOC San 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 DistrictOC San and employees currently pay premiums. Before the renewal of any DistrictOC San’s sponsored health insurance plan, the parties agree to meet and confer as to changes in the plan. 20.3.3 The DistrictOC San 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 DistrictOC San unless such change is either (1) mandated by the ACA, or (2) mutually agreed upon by the parties. OCEA –Engineering MOU July 1, 202219 to June 30, 20252 Page 10 8972312.1 OR040-030 20.4 Life Insurance The DistrictOC San shall pay the full premium for $50,000 term life insurance on each employee. 20.5 Short Term Disability The DistrictOC San 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 DistrictOC San 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 disa- bility, 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 DistrictOC San’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 DistrictOC San paid Long Term Disability may purchase such coverage at his or her own expense. 20.7 Dental Insurance The DistrictOC San will contribute 80% of employee only and 80% of full family premiums for dental insurance. 20.8 Vision Insurance The DistrictOC San shall provide a vision insurance plan for regular, full-time employees and eligible dependents. 20.9 Retiring Employees 20.9.1 The DistrictOC San 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 DistrictOC San’s medical plan. 20.9.2 In the event the DistrictOC San adds additional optional insurance plans, the DistrictOC San's share of the premium shall be the same as for existing plans as set forth above. In the event the DistrictOC San changes underwriters for existing insurance plans, the DistrictOC San’s share of the premium shall be the same as for existing insurance plans as set forth above. 20.9.3 The DistrictOC San 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 year of continuous service up to a maximum of 25 years or $250 per month. Employees hired on or after August 1, 2011 shall not be eligible for the retiree medical health premium offset. 20.9.4 Continuous service is calculated based on benefitted employment. Time as an intern or in non-benefited status shall not count toward continuous service. OCEA –Engineering MOU July 1, 202219 to June 30, 20252 Page 11 8972312.1 OR040-030 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 DistrictOC San decides upon the need for overtime or additional work. The DistrictOC San may require the performance of overtime. In the event no qualified employee wishes to work overtime, DistrictOC San’s management may select employees with the ability to perform the work by inverse seniority. DistrictOC San managers shall attempt to evenly dis- tribute 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 monthsone year 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. 23.3 New employees serving their initial probationary period shall be eligible for Development Pay and/or certification/license reimbursement the first day of the pay period following six months of employment without a break in service. 23.4 An employee may be released during his or her initial Pprobationary Pperiod at the discretion of the DistrictOC San without recourse to the Grievance, Discipline or Appeal Procedure (i.e., an employee is “at- OCEA –Engineering MOU July 1, 202219 to June 30, 20252 Page 12 8972312.1 OR040-030 will” during his/her initial Pprobationary Pperiod). Probationary eEmployees within the initial probationary period do not have any property rights in their job during probation and may be separated with or without cause. 23.53 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 DistrictOC San will determine whether a vacant position shall be filled as an open or promotional opportunity or recruitment. Whenever the DistrictOC San intends to fill a position by promotion, the DistrictOC San shall post the opportunity for a minimum of ten (10) business days. Employees must apply during the period of posting. Notices shall be posted on the DistrictOC San’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 DistrictOC San’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 DistrictOC San 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 DistrictOC San. 25.1.1 Employees hired before September 21, 1979: The District will continue to contract with OCERS to provide the 2.5% @ 55 benefit formula (Plan G) based on the highest consecutive twelve (12) months average earnings, past and future service. 25.1.12 Employees hired on or after September 21, 1979 and before August 1, 2011: The DistrictOC San 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. 25.1.12.1 The DistrictOC San will continue to pay 3.5% of an eligible employee’s base salary toward the employee’s contributions to OCERS. 25.1.23 Employees hired on or after August 1, 2011 and before January 1, 2013: The DistrictOC San 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. 25.1.23.1 The DistrictOC San will pay 0% of an eligible employee’s base salary towards the employee’s contribution to OCERS. 25.1.34 Employees hired on or after January 1, 2013: The DistrictOC San 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. 25.1.34.1 The DistrictOC San will pay 0% of an eligible employee’s base salary towards the employee’s contribution to OCERS. OCEA –Engineering MOU July 1, 202219 to June 30, 20252 Page 13 8972312.1 OR040-030 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 DistrictOC San Policy. 27.1.3 Vacation leave may only be utilized in increments of one-quarter 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 DistrictOC San 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 OCEA –Engineering MOU July 1, 202219 to June 30, 20252 Page 14 8972312.1 OR040-030 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 DistrictOC San 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 in 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 DistrictOC San 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-quarter hour increments. OCEA –Engineering MOU July 1, 202219 to June 30, 20252 Page 15 8972312.1 OR040-030 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 DistrictOC San’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 DistrictOC San for time not actually retained on jury unless there is less than ½ 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 DistrictOC San for deposit in the General Fund of the DistrictOC San. 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 DistrictOC San 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 OCEA –Engineering MOU July 1, 202219 to June 30, 20252 Page 16 8972312.1 OR040-030 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 DistrictOC San 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 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 DistrictOC San 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, I I I I OCEA –Engineering MOU July 1, 202219 to June 30, 20252 Page 17 8972312.1 OR040-030 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 DistrictOC San 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 and/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 and/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: OCEA –Engineering MOU July 1, 202219 to June 30, 20252 Page 18 8972312.1 OR040-030 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 or, 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 DistrictOC San requests thirty (30) days advance notice. 28.4.4 Medical Certification As a condition of FMLA and/or CFRA Leave because of a serious health condition, the DistrictOC San 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/or CFRA Leave, the DistrictOC San 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 and/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 DistrictOC San’s obligation to continue health and dental or other benefits shall cease. 28.4.7 DistrictOC San 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 and/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 newly born or placed child. 28.5 General Leave 28.5.1 Employees who have exhausted all paid time off accruals may request to be granted a general leave-of-absence by DistrictOC San management to attend to personal matters or for FMLA and/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 DistrictOC San’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. OCEA –Engineering MOU July 1, 202219 to June 30, 20252 Page 19 8972312.1 OR040-030 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 DistrictOC San within one (1) year, the DistrictOC San 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 and/or CFRA Leave, or any DistrictOC San 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 DistrictOC San’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. DistrictOC San’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 The findings of the Human Resources Department and the decision by the General Manager are final and not subject to the appeal, problem-solving or grievance processes. 29.1.2 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 OC San’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 OCEA –Engineering MOU July 1, 202219 to June 30, 20252 Page 20 8972312.1 OR040-030 such event, the recommendations shall be implemented in the first pay period immediately following authorization by the Board. 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. 29.2.12 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 29.2.23 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 DistrictOC San’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. 29.2.34 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 DistrictOC San’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. 29.4 Reopener: OC San and OCEA agree to reopen this Agreement to meet and confer regarding the comparison agencies used for any classification and compensation studies. ARTICLE 30. - DRIVER'S LICENSE 30.1 Employees who are required by the DistrictOC San to drive must notify their supervisor and the Human Resources Risk Management Division immediately upon receipt of any suspension or revocation of their OCEA –Engineering MOU July 1, 202219 to June 30, 20252 Page 21 8972312.1 OR040-030 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 DistrictOC San 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 DistrictOC San management’s discretion. 30.3 The DistrictOC San will continue to pay the license renewals and physical examination costs of Class A & B licenses that are specifically required by the DistrictOC San. ARTICLE 31. - LAYOFF PROCEDURE 31.1 Nothing herein shall be construed to require the DistrictOC San to fill vacant, budgeted positions nor to prohibit the DistrictOC San from eliminating vacant positions from the budget. The DistrictOC San 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 DistrictOC San 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 DistrictOC San 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 DistrictOC San. 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 DistrictOC San 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 DistrictOC San time and at DistrictOC San OCEA –Engineering MOU July 1, 202219 to June 30, 20252 Page 22 8972312.1 OR040-030 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 DistrictOC San business shall be reimbursed at the current IRS rate. ARTICLE 35. - ACTING PAY 35.1 Employees who are assigned by DistrictOC San 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 DistrictOC San employees, provided that: (a) no controversial matter which is critical of or derogatory to the DistrictOC San, its employees, officers or Directors may be posted; (b) nothing posted by the DistrictOC San 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 DistrictOC San permits the time away from assigned work. OCEA –Engineering MOU July 1, 202219 to June 30, 20252 Page 23 8972312.1 OR040-030 ARTICLE 40. - USE OF DISTRICTOC SAN FACILITIES 40.1 DistrictOC San 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 DistrictOC San operations. The OCEA agrees to pay for the cost of any additional custodial or security services. ARTICLE 41. - SCOPE OF BARGAINING 41.1 The DistrictOC San 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 DistrictOC San 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 DistrictOC San 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 DistrictOC San and OCEA. 43.3.3 Board Actions: If the parties fail to resolve the impasse, the dispute shall be sent to the DistrictOC San’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 DistrictOC San, the DistrictOC San 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 DistrictOC SanOC San shall provide and maintain ten (10) uniform pants and shirts, which may include the name of the employee and DistrictOC San’s seal, at no cost to employees whose duties OCEA –Engineering MOU July 1, 202219 to June 30, 20252 Page 24 8972312.1 OR040-030 require that they wear uniforms. The DistrictOC San will also provide lab coats as required by the lab manager. 44.2 Employees covered by this agreement shall receive a safety boot allowance in the amount of $225 at the beginning of each fiscal year. 44.32 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 DistrictOC San 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 DistrictOC San’s Substance Abuse Policy will apply to all unit members. The DistrictOC San 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 DistrictOC San’s Anti-Drug and Alcohol Program. The DistrictOC San 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 DistrictOC San’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 DistrictOC San 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 DistrictOC San shall provide the OCEA a quarterly list of the names of those employees for whom it has made deductions. In addition, the DistrictOC San 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 DistrictOC San 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, 202219 to June 30, 20252 Page 25 8972312.1 OR040-030 ARTICLE 50. - WORKPLACE VIOLENCE AND WEAPONS POLICY 50.1 The DistrictOC San’s Workplace Violence and Weapons Policy will apply to all unit members. ARTICLE 51. - RESIGNATION 51.1 Employees resigning from OC San are expected to give a minimum of two (2) weeks advanced written notificationnotice prior to leaving when terminating employment with OC San. OC San may accept in writing any employee’s verbal or written resignation at any time and deem such resignation irrevocable. Voluntary written termination of employment with the DistrictOC San 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 DistrictOC San (OCSDOC San) hereby agree to meet within two (2) months from the OCSD OC San Board approval of this MOU to discuss the structure and process of a Labor Management Committee at OCSDOC San. 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, 202219 to June 30, 20252 Page 26 8972312.1 OR040-030 SIGNATURE PAGE 202219 – 20252 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 Saliem Aregaye, Lead Negotiator Laura Drottz Kalty, Lead Negotiator Aaron PeardonAlisha Greene, Labor Representative Celia Chandler, Director of Human Resources Danielle Chau, Labor Representative Laura Maravilla, Human Resources & Risk Manager Janine Aguilar, Human Resources Supervisor Robert (Mickey) Whitney, Senior Construction Inspector Janine Aguilar, Human Resources Supervisor Laura Maravilla, Human Resources & Risk Manager Dana Andrews, Construction Inspector Andrew Nau, Human Resources Supervisor Thys DeVries, Principal Human Resources Analyst Stephanie Barron, Senior Human Resources Analyst OCEA –Engineering MOU July 1, 202219 to June 30, 20252 Page 27 8972312.1 OR040-030 -- OC E A –En g i n e e r i n g M O U Ju l y 1 , 2 0 22 1 9 to J u n e 3 0 , 2 0 2 52 Pa g e 2 8 89 7 2 3 1 2 . 1 O R 0 4 0 -03 0 Ex h i b i t A EN G I N E E R I N G U N I T Pa y Ef f e c t i v e Ef f e c t i v e Ef f e c t i v e 51 -Ju l -19 2 2 314 -Ju l -2 30 12- Ju l -2 41 Cl a s s i f i c a t i o n Gr a d e MI N MA X MI N MA X MI N MA X Sa f e t y I n s p e c t o r 78 $5 4 . 6 3 $6 6 . 4 0 $5 6 . 8 2 $69 . 0 6 $58 . 8 1 $71 . 4 8 Se n i o r C o n s t r u c t i o n I n s p e c t o r 78 $49 . 2 8 54 . 6 3 $58 . 8 9 66 . 4 0 $50 . 7 6 56 . 8 2 $60 . 6 6 69 . 0 6 $52 . 2 8 58 . 8 1 $62 . 4 8 71 . 4 8 En g i n e e r i n g A s s o c i a t e 76 $46 . 8 9 51 . 9 9 $57 . 0 2 63 . 2 1 $48 . 3 0 54 . 0 7 $58 . 7 3 65 . 7 4 $49 . 7 5 55 . 9 6 $60 . 4 9 68 . 0 4 Co n s t r u c t i o n I n s p e c t o r 74 $44 . 6 6 49 . 5 1 $54 . 2 7 60 . 1 7 $46 . 0 0 51 . 4 9 $55 . 9 0 62 . 5 8 $47 . 3 8 53 . 2 9 $57 . 5 8 64 . 7 7 En g i n e e r i n g As s i s t a n t II Te c h n i c i a n 70 $40 . 4 6 44 . 8 5 $49 . 1 7 54 . 5 2 $41 . 6 7 46 . 6 4 $50 . 6 5 56 . 7 0 $42 .9 2 48 . 2 7 $52 . 1 7 58 . 6 8 En g i n e e r i n g A s s i s t a n t I 66 $36 . 6 7 $44 . 5 6 $37 . 7 7 $45 . 9 0 $3 8 . 9 0 $4 7 . 2 8 I I T 1' T 1' ~~17 ' 17 ' 17 ' 17 ' 11-11 II 111' T =.I ~1r 1 1111 II II 111, I_ I_ I 7 1, II ~~ '1 ~ I _J ,,,I l n ll II I', 11 I_ I_ I I STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2022-2439 Agenda Date:7/27/2022 Agenda Item No:CS-1 FROM:James D. Herberg, General Manager SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT CODE SECTION 54957.6 RECOMMENDATION: Convene in Closed Session: Designated Representatives: General Manager James Herberg, Assistant General Managers Lorenzo Tyner and Rob Thompson, Director of Human Resources Celia Chandler, and Chief Negotiator Laura Kalty. Employee Organizations: (1) International Union of Operating Engineers, Local 501. BACKGROUND 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. 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 the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. RELEVANT STANDARDS ·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: ·Memorandum from General Counsel Orange County Sanitation District Printed on 7/20/2022Page 1 of 1 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT 555 A N T O N B O U L E V A R D, SU I T E 12 0 0 C O S T A ME S A , CA 9 2 6 26-7 6 70 (714) 558-7000 MEMORANDUM TO: FROM: DATE: RE: Hon. Chair and Members of the Orange County Sanitation District Steering Committee Bradley R. Hogin, Esq. General Counsel July 20, 2022 Closed Session Items The Steering Committee will hold a closed session on July 27, 2022 for the purpose of conferring with its labor negotiators to discuss negotiations with the International Union of Operating Engineers, Local 501. The Agency Designated Representatives are James Herberg, Lorenzo Tyner, Rob Thompson, Celia Chandler, and Chief Negotiator Laura Kalty. The closed session will be held pursuant to authority of California Government Code Section 54957.6. Respectfully submitted, By: __________________________ Bradley R. Hogin, General Counsel STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2022-2438 Agenda Date:7/27/2022 Agenda Item No:CS-2 FROM:Celia Chandler, Director of Human Resources SUBJECT: PUBLIC EMPLOYEE PERFORMANCE EVALUATION 54957(B)(1) RECOMMENDATION: Convene in Closed Session: Public Employee Performance Evaluation Number of Employees: 1 ·General Manager BACKGROUND 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. 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 the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. RELEVANT STANDARDS ·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: ·Memorandum from General Counsel Orange County Sanitation District Printed on 7/20/2022Page 1 of 1 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT 555 A N T O N B O U L E V A R D, SU I T E 12 0 0 C O S T A ME S A , CA 9 2 6 26-7 6 70 (714) 558-7000 MEMORANDUM TO: FROM: DATE: RE: Hon. Chair and Members of the Orange County Sanitation District Steering Committee Bradley R. Hogin, Esq. General Counsel July 20, 2022 Closed Session Items The Steering Committee desires to hold a closed session on July 27, 2022 for the purpose of conferring for the evaluation of the District’s General Manager. Said closed session will be held pursuant to authority of California Government Code Section 54957(b)(1). Respectfully submitted, By:_________________________ Bradley R. Hogin, General Counsel STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2022-2351 Agenda Date:7/27/2022 Agenda Item No:CS-3 FROM:James D. Herberg, General Manager SUBJECT: CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(D)(1) RECOMMENDATION: Convene in Closed Session: Number of Cases: 1 Heidi M. Janz v. Orange County Sanitation District; Its Board of Directors, Officers, Officials, Agents and Celia Chandler, Director of Human Resources and Does 1 through 10, Superior Court of California, County of Orange, Case No. 30-2021-01208616-CU-OE-CJC. BACKGROUND 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. 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 the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. RELEVANT STANDARDS ·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: ·Memorandum from General Counsel Orange County Sanitation District Printed on 7/20/2022Page 1 of 1 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT 555 A N T O N B O U L E V A R D, SU I T E 12 0 0 C O S T A ME S A , CA 9 2 6 26-7 6 70 (714) 558-7000 MEMORANDUM TO: FROM: DATE: RE: Hon. Chair and Members of the Orange County Sanitation District Steering Committee Bradley R. Hogin, Esq. General Counsel July 20, 2022 Closed Session Item The Steering Committee desires to hold a closed session July 27, 2022 for the purpose of conferring with its legal counsel regarding existing litigation to which the District is a party. The title of the case is Heidi M. Janz v. Orange County Sanitation District; its Board of Directors, Officers, Officials, Agents and Celia Chandler, Director of Human Resources; and Does 1-10, inclusive, Superior Court of California, County of Orange, Case No. 30-2021-01208616-CU-OE- CJC. The closed session will be held pursuant to the authority of California Government Code Section 54956.9(d)(1). Respectfully submitted, By_________________________________ Bradley R. Hogin, General Counsel ORANGE COUNTY SANITATION DISTRICT COMMON ACRONYMS ACWA Association of California Water Agencies LOS Level Of Service RFP Request For Proposal APWA American Public Works Association MGD Million Gallons Per Day RWQCB Regional Water Quality Control Board AQMD Air Quality Management District MOU Memorandum of Understanding SARFPA Santa Ana River Flood Protection Agency ASCE American Society of Civil Engineers NACWA National Association of Clean Water Agencies SARI Santa Ana River Interceptor BOD Biochemical Oxygen Demand NEPA National Environmental Policy Act SARWQCB Santa Ana Regional Water Quality Control Board CARB California Air Resources Board NGOs Non-Governmental Organizations SAWPA Santa Ana Watershed Project Authority CASA California Association of Sanitation Agencies NPDES National Pollutant Discharge Elimination System SCADA Supervisory Control And Data Acquisition CCTV Closed Circuit Television NWRI National Water Research Institute SCAP Southern California Alliance of Publicly Owned Treatment Works CEQA California Environmental Quality Act O & M Operations & Maintenance SCAQMD South Coast Air Quality Management District CIP Capital Improvement Program OCCOG Orange County Council of Governments SOCWA South Orange County Wastewater Authority CRWQCB California Regional Water Quality Control Board OCHCA Orange County Health Care Agency SRF Clean Water State Revolving Fund CWA Clean Water Act OCSD Orange County Sanitation District SSMP Sewer System Management Plan CWEA California Water Environment Association OCWD Orange County Water District SSO Sanitary Sewer Overflow EIR Environmental Impact Report OOBS Ocean Outfall Booster Station SWRCB State Water Resources Control Board EMT Executive Management Team OSHA Occupational Safety and Health Administration TDS Total Dissolved Solids EPA US Environmental Protection Agency PCSA Professional Consultant/Construction Services Agreement TMDL Total Maximum Daily Load FOG Fats, Oils, and Grease PDSA Professional Design Services Agreement TSS Total Suspended Solids gpd gallons per day PFAS Per- and Polyfluoroalkyl Substances WDR Waste Discharge Requirements GWRS Groundwater Replenishment System PFOA Perfluorooctanoic Acid WEF Water Environment Federation ICS Incident Command System PFOS Perfluorooctanesulfonic Acid WERF Water Environment & Reuse Foundation IERP Integrated Emergency Response Plan POTW Publicly Owned Treatment Works WIFIA Water Infrastructure Finance and Innovation Act JPA Joint Powers Authority ppm parts per million WIIN Water Infrastructure Improvements for the Nation Act LAFCO Local Agency Formation Commission PSA Professional Services Agreement 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) – A joint water reclamation project that proactively responds to Southern California’s current and future water needs. This joint project between the Orange County Water District and OCSD 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 GWRS process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. NATIONAL BIOSOLIDS PARTNERSHIP (NBP) – An alliance of the NACWA and WEF, with advisory support from the EPA. 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. PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS) – A large group (over 6,000) of human-made compounds that are resistant to heat, water, and oil and used for a variety of applications including firefighting foam, stain and water-resistant clothing, cosmetics, and food packaging. Two PFAS compounds, perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) have been the focus of increasing regulatory scrutiny in drinking water and may result in adverse health effects including developmental effects to fetuses during pregnancy, cancer, liver damage, immunosuppression, thyroid effects, and other effects. PERFLUOROOCTANOIC ACID (PFOA) – An ingredient for several industrial applications including carpeting, upholstery, apparel, floor wax, textiles, sealants, food packaging, and cookware (Teflon). PERFLUOROOCTANESULFONIC ACID (PFOS) – A key ingredient in Scotchgard, a fabric protector made by 3M, and used in numerous stain repellents. 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. 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. ORANGE COUNTY SANITATION DISTRICT GLOSSARY OF TERMS 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. OCSD’s service area is in the Santa Ana River Watershed.