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Home My WebLink About09-28-2022 Steering Committee Meeting Complete Agenda PacketC)C6SAN ORANGE COUNTY SANITATION DISTRICT 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. 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: 511 618 183# 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(o)_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! 10844 Avenue Fountainn Valley, CA 92708 OC6SAN714...2.241, ORANGE COUNTY SANITATION DISTRICT www.ocsan_gov September 21, 2022 NOTICE OF REGULAR MEETING STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT Wednesday, September 28, 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, September 28, 2022 at 5:00 p.m. Serving: Anaheim Brea Buena Park Cypress Fountain Valley Fullerton Garden Grove Huntington Beach Irvine La Habra La Palma Los Alam itos 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 Our Mission. To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. STEERING COMMITTEE AND BOARD MEETING DATES 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 August 23, 2023 September 27, 2023 * Meeting will be held on the third Wednesday of the month STEERING COMMITTEE (1) Roll Call: Meeting Date: September 28, 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 09/07/2022 BOARD OF DIRECTORS Complete Roster ALTERNATE AGENCY/CITIES ACTIVE DIRECTOR 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 VACANT 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 Tom Lindsey County Areas Board of Supervisors Donald P. Wagner Doug Chaffee OC6SAN ORANGE COUNTY SANITATION DISTRICT STEERING COMMITTEE Regular Meeting Agenda Wednesday, September 28, 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, Ityner@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, Iwiborg@ocsan.gov / (714) 593-7450 Director of Operations & Maintenance: Riaz Moinuddin, rmoinuddin@ocsan.gov / (714) 593-7269 STEERING COMMITTEE Regular Meeting Agenda Wednesday, September 28, 2022 CALL TO ORDER 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/Ca/endar.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. APPROVAL OF MINUTES 2022-2510 RECOMMENDATION: Approve Minutes of the Regular Meeting of the Steering Committee held August 24, 2022. Originator: Kelly Lore Attachments: Agenda Report 08-24-2022 Steering Committee Minutes Page 1 of 3 STEERING COMMITTEE Regular Meeting Agenda Wednesday, September 28, 2022 NON -CONSENT: 2. COMPENSATION AND BENEFITS FOR UNREPRESENTED 2022-2531 EMPLOYEE GROUPS - EXECUTIVE MANAGEMENT TEAM, MANAGER GROUP, AND CONFIDENTIAL GROUP RECOMMENDATION: Recommend to the Board of Directors to: A. Adopt Resolution No. OC SAN 22-27, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District Approving Salary and Benefit Adjustments for Unrepresented Executive Management Team Employees for Fiscal Years 2022/2023, 2023/2024, and 2024/2025"; B. Adopt Resolution No. OC SAN 22-28, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District Approving Salary and Benefit Adjustments for Unrepresented Manager Group Employees for Fiscal Years 2022/2023, 2023/2024, and 2024/2025"; C. Adopt Resolution No. OC SAN 22-29, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District Approving Salary and Benefit Adjustments for Unrepresented Exempt Confidential Employees for Fiscal Years 2022/2023, 2023/2024, and 2024/2025"; and D. Adopt Resolution No. OC SAN 22-30, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District Approving Salary and Benefit Adjustments for Unrepresented Non -Exempt Confidential Employees for Fiscal Years 2022/2023, 2023/2024, and 2024/2025". Originator: Celia Chandler Attachments: Aaenda Report Resolution No. OC SAN 22-27 (EMT) Resolution No. OC SAN 22-28 (Managers) Resolution No. OC SAN 22-29 (Conf Exempt) Resolution No. OC SAN 22-30 (Conf Non -Exempt) 3. SUCCESSOR MEMORANDUM OF UNDERSTANDING FOR THE 2022-2540 INTERNATIONAL UNION OF OPERATING ENGINEERS - LOCAL 501 RECOMMENDATION: Recommend to the Board of Directors to: A. Adopt Resolution No. OC SAN 22-31, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memorandum of Understanding (MOU) between the Orange County Sanitation District and the International Union of Operating Engineers Local 501, for Fiscal Years 2022/2023, 2023/2024 & 2024/2025"; Page 2 of 3 STEERING COMMITTEE Regular Meeting Agenda Wednesday, September 28, 2022 B. Direct Staff to finalize and sign the Memorandum of Understanding (MOU) between Orange County Sanitation District and the Local 501 bargaining unit; and C. Approve pay grade changes for the following classifications: Mechanic (LOC61 to LOC62), Senior Mechanic (LOC67 to LOC68), and Lead Mechanic (LOC71 to LOC72). Originator: Kelly Lore Attachments: Agenda Report Resolution No. OC SAN 22-31 (Local 501 ) Local 501 MOU Redline Salary Schedules - Mechanic Job Series INFORMATION ITEMS: None. DEPARTMENT HEAD REPORTS: CLOSED SESSION: 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 October 26, 2022 at 5:00 p.m. Page 3 of 3 "� SAN ORANGE COUNTY SANITATION DISTRICT File #: 2022-2510 STEERING COMMITTEE Agenda Report Agenda Date: 9/28/2022 FROM: James D. Herberg, General Manager Originator: Kelly A. Lore, Clerk of the Board SUBJECT: APPROVAL OF MINUTES GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714)593-7433 Agenda Item No: 1. Approve Minutes of the Regular Meeting of the Steering Committee held August 24, 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. 1:74AA%1'11&3IF_1z117_1:711� :Z .71t 7Me , R.1<iZOy_1,0i849iZ1 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 August 24, 2022 Orange County Sanitation District Page 1 of 1 Printed on 9/20/2022 powered by LegistarTM Orange County Sanitation District Minutes for the STEERING COMMITTEE OC6SAN ORANGE COUNTY SANITATION DISTRICT CALL TO ORDER Wednesday, August 24, 2022 5:00 PM Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 A regular meeting of the Steering Committee of the Orange County Sanitation District was called to order by Board Chairman Chad Wanke on Wednesday, August 24, 2022 at 5.01 p.m. in the Administration Building of the Orange County Sanitation District. 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, Sandra Massa-Lavitt, Jesus Silva and Glenn Parker ABSENT: None STAFF PRESENT: Kelly Lore, Clerk of the Board; Jim Herberg, General Manager; and Mo Abiodun 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; Stephanie Barron; Andrew Brown; Jennifer Cabral; Mortimer Caparas; Thys DeVries; Laurie Klinger; Tina Knapp; Andrew Nau; Valerie Ratto; Wally Ritchie; Thomas Vu; Eros Yong; and Ruth Zintzun were in attendance telephonically. OTHERS PRESENT: Brad Hogin, General Counsel; Gary Weisberg, Associate Counsel; Laura Kalty, Liebert Cassidy Whitmore, Chief Negotiator; and John Ajayi, Special Counsel were in attendance telephonically. PUBLIC COMMENTS: None. REPORTS: Chair Wanke and General Manager Jim Herberg did not provide reports. CONSENT CALENDAR: 1. APPROVAL OF MINUTES Originator: Kelly Lore 2022-2475 Page 1 of 5 STEERING COMMITTEE Minutes August 24, 2022 MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Regular Meeting of the Steering Committee held July 27, 2022. AYES: John Withers, Chad Wanke, Ryan Gallagher, Sandra Massa-Lavitt, Jesus Silva and Glenn Parker NOES: None ABSENT: Brooke Jones ABSTENTIONS: None Director Brooke Jones arrived at the meeting at approximately 5:05 p.m. NON -CONSENT: 2. CREATION OF AD HOC COMMITTEE RE: GENERAL MANAGER 2022-2494 RECRUITMENT Originator: Kelly Lore Chair Wanke stated that this item was to create and appoint an Ad Hoc Committee of the Board of Directors consisting of five members regarding General Manager Recruitment. Chair Wanke announced that the General Manager Recruitment Ad Hoc Committee will consist of the following members: Board Chairman Chad Wanke, Board Vice -Chairman Ryan Gallagher, Administration Committee Chairman Glenn Parker, Operations Committee Chairman Brooke Jones, and former Board Chairman John Withers. INFORMATION ITEMS: None. DEPARTMENT HEAD REPORTS: None. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54957.6, 54956.9(d)(1), & 54956.9(d)(4). The Committee convened in closed session at 5:05 p.m. 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. Page 2 of 5 STEERING COMMITTEE Minutes August 24, 2022 CS-1 CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT 2022-2477 CODE SECTION 54957.6 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: (1) International Union of Operating Engineers, Local 501. CS-2 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - 2022-2480 GOVERNMENT CODE SECTION 54956.9(d)(1) CONVENED IN CLOSED SESSION regarding Item CS-2A. Item CS-213 and CS-2C were not heard. Number of Cases: 3 A. Robert Morris v. Orange County Sanitation District Permissibly Self -Insured; Claim No. 554823; WCAB No. ADJ11104064. B. Bayside Village Marina, LLC v. Orange County Sanitation District; Orange County Sanitation District Board of Directors; and Does 1-25, Inclusive, Superior Court of the State of California for the County of Orange - Central Justice Center Case No. 30-2021-01194238-CU-WM-CXC. C. Orange County Sanitation District, a public entity v. Bayside Village Marina, LLC, a limited liability company; Laguna Beach County Water District, a public entity; and Does 1-100, inclusive; and all Persons Unknown Claiming an Interest in the Property, Superior Court of California, County of Orange, Case No. 30-2022-01251890. CS-3 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED 2022-2436 LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4) DID NOT CONVENE IN CLOSED SESSION: Number of Potential Cases: 1 Potential initiation of litigation regarding Cost Recovery for PFAs contamination. Page 3 of 5 STEERING COMMITTEE Minutes August 24, 2022 CS-4 CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT 2022-2487 CODE SECTION 54957.6 CONVENED IN CLOSED SESSION: Agency Designated Representatives: General Manager James Herberg, Assistant General Manager Lorenzo Tyner, and Director of Human Resources Celia Chandler. Unrepresented Employees: Confidential Group: Assistant Clerk of the Board; Clerk of the Board; Human Resources Analyst; Human Resources Assistant; Human Resources Supervisor; Secretary to the General Manager; Senior Human Resources Analyst; and Principal Human Resources Analyst. CS-5 CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT 2022-2488 CODE SECTION 54957.6 1*i]0D/a1►1a19710to] IUi1ygexyx&9[9]0A Agency Designated Representatives: General Manager James Herberg, Assistant General Manager Lorenzo Tyner and Director of Human Resources Celia Chandler. Unrepresented Employees: Managers Group: Administration Manager; Controller; Engineering Manager; Environmental Laboratory & Ocean Monitoring Manager; Environmental Protection Manager; Human Resources & Risk Manager; IT Systems & Operations Manager; Maintenance Manager; Operations Manager; and Purchasing and Contracts Manager. CS-6 CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT 2022-2489 CODE SECTION 54957.6 CONVENED IN CLOSED SESSION: Agency Designated Representatives: General Manager James Herberg, Assistant General Manager Lorenzo Tyner, and Director of Human Resources Celia Chandler. Unrepresented Employees: Executive Managers Group: Assistant General Manager; Director of Engineering; Director of Environmental Services; Director of Human Resources; and Director of Operations and Maintenance. RECONVENED IN REGULAR SESSION. The Committee reconvened in regular session at 6:09 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel Brad Hogin did not provide a report. Page 4 of 5 STEERING COMMITTEE Minutes August 24, 2022 OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: Chair Wanke declared the meeting adjourned at 6:10 p.m. to the next Regular Steering Committee meeting to be held on Wednesday, September 28, 2022 at 5:00 p.m. Submitted by: Kelly A. Lore, MMC Clerk of the Board Page 5 of 5 "� SAN ORANGE COUNTY SANITATION DISTRICT File #: 2022-2531 STEERING COMMITTEE Agenda Report Agenda Date: 9/28/2022 FROM: James D. Herberg, General Manager Originator: Celia Chandler, Director of Human Resources SUBJECT: Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714)593-7433 Agenda Item No: 2. COMPENSATION AND BENEFITS FOR UNREPRESENTED EMPLOYEE GROUPS - EXECUTIVE MANAGEMENT TEAM, MANAGER GROUP, AND CONFIDENTIAL GROUP GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: A. Adopt Resolution No. OC SAN 22-27, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District Approving Salary and Benefit Adjustments for Unrepresented Executive Management Team Employees for Fiscal Years 2022/2023, 2023/2024, and 2024/2025"; B. Adopt Resolution No. OC SAN 22-28, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District Approving Salary and Benefit Adjustments for Unrepresented Manager Group Employees for Fiscal Years 2022/2023, 2023/2024, and 2024/2025"; C. Adopt Resolution No. OC SAN 22-29, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District Approving Salary and Benefit Adjustments for Unrepresented Exempt Confidential Employees for Fiscal Years 2022/2023, 2023/2024, and 2024/2025"; and D. Adopt Resolution No. OC SAN 22-30, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District Approving Salary and Benefit Adjustments for Unrepresented Non -Exempt Confidential Employees for Fiscal Years 2022/2023, 2023/2024, and 2024/2025". BACKGROUND Executive Management Team There are six (6) Executive Management Team (EMT) employees who provide executive leadership, strategic direction, and department oversight for the Orange County Sanitation District (OC San). The General Manager is recommending salary range adjustments annually for the next three years that consist of a 4.5%, 4.0%, and 3.5% and corresponding salary increases. Orange County Sanitation District Page 1 of 4 Printed on 9/21/2022 powered by LegistarTIM File #: 2022-2531 Agenda Date: 9/28/2022 Agenda Item No: 2. The salary changes and salary range adjustments would take effect the first pay period in July 2022. Currently, the EMT's salary market position is at the 56t" percentile based on refreshed classification and compensation data as of July 2022. The projected market percentile after the three-year increases is 70t", which is in alignment with the Board target of 75t" percentile. The total three-year cost of the recommendations for the EMT is approximately $577,100. Manager Group There are fourteen (14) employees in nine (9) manager classifications at OC San who oversee staff within a particular division and align performance with the goals of the agency. The General Manager is recommending salary range adjustments annually for the next three years that consist of a 4.5%, 4.0%, and 3.5% and corresponding salary increases. Additionally, the General Manager is recommending a one-time payment of $1,500 in the first year for each member of the group hired or promoted as of the last day of the first full pay period in July 2022; and effective the last full pay period in October 2022, OC San will contribute $50 a month to a Health Reimbursement Arrangement (HRA) for all employees in the Manager Group, per Internal Revenue Guidance Rev. Rul. 2002-41 and Rev. No. 2002-45. The salary changes, salary range adjustments and benefit changes would take effect the first pay period of July 2022. Currently, the Manager Group's salary market position is at the 65t" percentile based on July 2022 data. The projected market percentile after the three-year increases is 77t", which is in alignment with the Board target of 75t" percentile. The total three-year cost of the recommendations for the Manager Group is approximately $846,016. Confidential Group There are currently fourteen (14) exempt professional confidential employees and two (2) non- exempt administrative confidential employees at OC San. Confidential employees are those employees who, with authorized access, assist and act in a confidential capacity to and for persons who formulate, determine, and effectuate management policies with respect to labor relations. The General Manager is recommending salary range adjustments annually for the next three years that consist of a 4.5%, 4.0%, and 3.5% and corresponding salary increases. Additionally, the General Manager is recommending a one-time payment of $1,500 in the first year for each member of the group hired or promoted as of the last day of the first full pay period in July 2022; and for employees covered by OCERS Plans B and U and who participate in the deferred compensation plan, a matching contribution to their 457(b) deferred compensation plan of up to $235 (professional - exempt employees) or $160 (administrative non-exempt employees). The salary changes, salary range adjustments, and benefit changes would take effect the first pay period of July 2022. Orange County Sanitation District Page 2 of 4 Printed on 9/21/2022 powered by LegistarTM File #: 2022-2531 Agenda Date: 9/28/2022 Agenda Item No: 2. Currently, the Confidential Group's salary market position is at the 75th percentile based on June 2022 data. The projected market percentile after the three-year increases is 78th, which is in alignment with the Board target of 75th percentile. The total three-year cost of the recommendations for the Confidential Group is approximately $697,370. For all three unrepresented groups, the General Manager recommends moving to the enhanced dental plan negotiated with the SPMG and OCEA groups, which includes an increase to the annual plan maximum and the lifetime orthodontic maximum for plan year 2023. The three-year cost to move all three represented groups to the enhanced plan is approximately $13,703 in total. The total cost of the recommendations for Executive Management Team, Manager, and confidential employee classifications is approximately $2,120,486 over the three-year term. RELEVANT STANDARDS • Ensure the public's money is wisely spent • Offer competitive compensation and benefits • Cultivate a highly qualified, well -trained, and diverse workforce • Maintain positive employer -employee relations • Provide professional growth and development PROBLEM With the adoption of the Memoranda of Understanding (MOUs) between OC San and employees in the Supervisory and Professional Management Group (SPMG) and Orange County Employees Association (OCEA), it is customary to align compensation and benefits for Executive Management Team employees, Manager Group employees, and similarly situated unrepresented Confidential Group employees, consistent with past Board action. PROPOSED SOLUTION Adopt Resolution Nos. OC SAN 22-27, OC SAN 22-28, OC SAN 22-29, and OC SAN 22-30. This would provide the Executive Management Team, Managers Group, and Confidential Group salary and benefit enhancements in alignment with represented bargaining units for Fiscal Years 2022/2023, 2023/2024, and 2024/2025 and ensure internal alignment across employee groups and prevent salary compaction with subordinate classifications. TIMING CONCERNS The Board of Directors ratified three-year MOUs for labor contracts with SPMG and OCEA at the meeting held on July 27, 2022. Historically, salary and benefit adjustments for unrepresented employees are approved the month following adoption of MOUs. Orange County Sanitation District Page 3 of 4 Printed on 9/21/2022 powered by LegistarTM File #: 2022-2531 Agenda Date: 9/28/2022 Agenda Item No: 2. RAMIFICATIONS OF NOT TAKING ACTION Not taking timely and similar action on salary and benefit adjustments for unrepresented employees in the Executive Management Team, Manager Group, and Confidential Group may impact employee morale, loss of personnel, and create salary compaction with subordinate classifications. PRIOR COMMITTEE/BOARD ACTIONS July 2022 - Approved Resolution Nos. OC SAN 22-22 and OC SAN 22-23, adopting the MOUs with the SPMG and OCEA bargaining units for Fiscal Years 2022/2023, 2023/2024, and 2024/2025. September 2019 - Approved Resolution Nos. OCSD 19-13, OCSD 19-14, OCSD 19-15 and OCSD 19-16, authorizing salary increases, salary range adjustments, and benefit changes for employees in the Executive Management Team, Managers Group and Confidential Group for Fiscal Years 2019/2020, 2020/2021 and 2021 /2022. ADDITIONAL INFORMATION The Board of Directors ratified three-year labor contracts with SPMG and OCEA at the meeting held on July 27, 2022. Historically, salary and benefit adjustments for unrepresented employees including the EMT, Managers Group, and Confidential Group have aligned with those approved for SPMG and OCEA, and have typically been approved the month following adoption of those MOUs. Alignment prevents compaction and maintains OC San's pay structure and market position. CEQA N/A 1;11►/_1►[a/_1Wde7►R11IQ4:?-A1101ki&? This item is budgeted in each Fiscal Year budget. 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 22-27 • Resolution No. OC SAN 22-28 • Resolution No. OC SAN 22-29 • Resolution No. OC SAN 22-30 Orange County Sanitation District Page 4 of 4 Printed on 9/21/2022 powered by LegistarTM RESOLUTION NO. OC SAN 22-27 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT APPROVING SALARY AND BENEFIT ADJUSTMENTS FOR UNREPRESENTED EXECUTIVE MANAGEMENT TEAM EMPLOYEES FOR FISCAL YEARS 2022/2023, 2023/2024, AND 2024/2025 WHEREAS, there are six (6) executive management team employees at the Orange County Sanitation District ("OC San") who provide executive leadership, strategic direction, and department oversight for OC San; and WHEREAS, executive management team employees serve in at -will employment status, which may be terminated at any time by either the General Manager or an executive management team employee with or without cause with no liability; and WHEREAS, in 2016 the Board authorized the General Manager to administer the Board approved executive management team pay plan through a pay for performance system with pay range steps; and WHEREAS, the General Manager entered into discussions with executive management employees, which resulted in agreed upon proposed salary range adjustments; and WHEREAS, through those discussions, the parties agreed that the salary changes would take effect retroactively to the first pay period in July 2022 and the start of the new fiscal year in alignment with the other employee unit increases. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER: That the Board of Directors hereby authorizes and approves the following changes to salaries and benefits for Executive Management Team members, which shall become effective the first pay period of July 2022: • Salary Adjustments and Compensation as set forth below: o Year 1 — 4.5% Salary Range Adjustment and Increase, effective the first pay period of July 2022. o Year 2 — 4.0% Salary Range Adjustment and Increase, effective the first pay period of July 2023. o Year 3 — 3.5% Salary Range Adjustment and Increase, effective the first pay period of July 2024. corresponding Salary corresponding Salary corresponding Salary OC SAN 22-27-1 • Dental Insurance o Move to the enhanced dental plan negotiated with the SPMG and OCEA groups in plan year 2023, which includes an increase to the annual plan maximum and the lifetime orthodontic maximum. That the General Manager, or his designee, is authorized to implement the changes to salary and benefits approved herein. PASSED AND ADOPTED at a regular meeting of the Board of Directors held September 28, 2022. Chad P. Wanke Board Chairman ATTEST: Kelly A. Lore, MMC Clerk of the Board OC SAN 22-27-2 STATE OF CALIFORNIA M1 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 22-27 was passed and adopted at a regular meeting of said Board on the 281" of September 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 28t" of September 2022. Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District OC SAN 22-27-3 Orange County Sanitation District Classification and Compensation Plan FY 2021/2022 (Current Year) Rates Effective July 2, 2021 EXECUTIVE MANAGEMENT GROUP Classification I Pay Gradel Step 1 1 Step 2 1 Step 3 1 Step 4 1Step 5 General Manager I EM37 1 $279,489.60 1 $293,779.20 1 $308,817.60 1 $324,604.80 1$341,203.20 Assistant General Manager I EM32 1 $247,041.60 1 $259,688.00 1 $272,937.60 1 $286,915.20 1$301.579.20 Director of Engineering I EM27 1 $218,358.40 1 $229,507.20 1 $241,238.40 1 $253,593.60 1$266,572.80 Director of Operations & Maintenance I EM26 1 $213,012.80 1 $223,932.80 1 $235,372.80 1 $247,395.20 1$260,062.40 Director of Environmental Services EM25 1 $207,833.60 1 $218,441.60 1 $229,632.00 1 $241,363.20 1 $253,718.40 Director of Finance & Administrative Services Director of Human Resources OC SAN 22-27-4 Orange County Sanitation District Classification and Compensation Plan FY 2024/2025 (Year One) PROPOSED Rates Effective July 1, 2022 EXECUTIVE MANAGEMENT GROUP Classification I Pay Gradel Step 1 1 Step 2 1 Step 3 1 Step 4 1Step 5 Assistant General Manager I EM32 1 $258.148.80 1 $271,377,60 1 $285,209.60 1 $299,832.00 1 $315,140.80 Director of Engineering I EM27 1 $228,176.00 1 $239,844.80 1 $252,096.00 1 $265.012.80 1 $278,574.40 Director of Operations & Maintenance I EM26 1 $222.601.60 1 $234,000,00 1 $245,960.00 1 $253 523.20 1 $271,772.80 Director of Environmental Services EM25 $217,193.60 $228,280.00 $239,969.60 $252,220.80 $265,137.6D Director of Finance & Administrative Services Director of Human Resources FY 202312024 (Year Two) PROPOSED Rates Effective July 14, 2023 EXECUTIVE MANAGEMENT GROUP Classification I Pay Grade Step 1 I Step 2 1 Step 3 1 Step 4 1Step 5 Assistant General Manager EM32 1 $268,465.60 1 $282,235.20 1 $296,608.00 1 $311,833.6D $327,745.60 Director of Engineering EM27 1 $237,307.20 1 $249,433.60 1 $262,184.00 1 $275,620.80 $289,723.20 Director of Operations & Maintenance EM26 1 $231,504.00 1 $243,360.00 1 $255,798.40 1 $268,860.80 $282,651.20 ❑irector of Environmental Services EM25 1 $225,888.00 1 S237,411.20 1 $249,558.40 1 $262,308.80 1 $275,745.60 Director of Finance & Administrative Services Director of Human Resources OC SAN 22-27-5 FY 2024/2025 (Year Three) PROPOSED Rates Effective July 12, 2024 EXECUTIVE MANAGEMENT GROUP Classification I Pay G radel Step 1 I Step 2 1 Step 3 1 Step 4 1Step 5 Assistant General Manager I EM32 1 $277,667.20 1 $292,115.20 1 $306,987 20 1 $322,753,60 1$339,206.40 Director of Engineering I EM27 1 $245,606.40 1 $258,169.60 1 $271,356.80 1 $285,272.00 1 $299,873.60 [Director of Operations & Maintenance EM26 1 $239,616.00 1 $251,888.0a 1 $264.742.40 1 $278,262AD 5292,552A0 Director of Environmental Services EM25 $233,792.00 1 $245,710.40 $258,294.40 1 $271,481.60 1 $285,396.80 Director of Finance & Administrative Services Director of Human Resources OC SAN 22-27-6 RESOLUTION NO. OC SAN 22-28 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT APPROVING SALARY AND BENEFIT ADJUSTMENTS FOR UNREPRESENTED MANAGER GROUP EMPLOYEES FOR FISCAL YEAR 2022/2023, FISCAL YEAR 2023/2024, AND FISCAL YEAR 2024/2025 WHEREAS, there are fourteen (14) employees in the Manager Group job classifications at the Orange County Sanitation District ("OC San") who serve as organizational leaders and oversee staff within particular divisions and/or workgroups to align performance outcomes with the strategic goals of the agency; and WHEREAS, Manager Group employees are unrepresented and meet directly with the General Manager about terms and conditions of employment; and WHEREAS, in 2016 the Board authorized the General Manager to administer the Board approved Manager Group pay plan through a pay for performance system with pay range steps; and WHEREAS, the General Manager entered into discussions with the Manager Group employees, which resulted in agreed upon proposed salary range adjustments, and minor benefit adjustments; and WHEREAS, through those discussions, the parties agreed that the salary changes would take effect the first pay period in July 2022 and the start of the new fiscal year in alignment with the other employee unit increases. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER: That the Board of Directors hereby authorizes and approves the following changes to salaries and benefits for Manager Group employees, which shall become effective the first pay period of July 2022: • Salary Adjustments and Compensation as set forth below: o Year 1 — 4.5% Salary Range Adjustment and corresponding Salary Increase, effective the first pay period of July 2022. o Year 2 — 4.0% Salary Range Adjustment and corresponding Salary Increase, effective the first pay period of July 2023. o Year 3 — 3.5% Salary Range Adjustment and corresponding 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. OC SAN 22-28-1 • Health Reimbursement Arrangement (HRA) o Effective the last full pay period in October 2022, OC San will contribute $50 a month to a Health Reimbursement Arrangement (HRA) for all employees in the Manager Group, per Internal Revenue Guidance Rev. Rul. 2002-41 and Rev. No. 2002-45. • Dental Insurance o Move to the enhanced dental plan negotiated with the SPMG and OCEA groups in plan year 2023, which includes an increase to the annual plan maximum and the lifetime orthodontic maximum. That the General Manager, or his designee, is authorized to implement the changes to salary and benefits approved herein. PASSED AND ADOPTED at a regular meeting of the Board of Directors held September 28, 2022. Chad P. Wanke Board Chairman ATTEST: Kelly A. Lore, MMC Clerk of the Board OC SAN 22-28-2 STATE OF CALIFORNIA M1 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 22-28 was passed and adopted at a regular meeting of said Board on the 281" of September 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 28t" of September 2022. Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District OC SAN 22-28-3 Orange County Sanitation District Classification and Compensation Plan FY 202112022 (Current Year) Rates Effective July 2, 2021 MANAGERS GROUP Classification IPay Gradel Step 1 1 Step 2 1 Step 3 1 Step 4 5tep 5 Engineering Manager I EM18 13 174,844.60 1 $163,788.80 1 $193,190.40 1 $203,049.60 $213,449.60 Administration Manager EM16 $ 166,420.80 $174,928.00 $183,872.00 $193,273.60 $203,132.80 Controller Environmental Lab & Ocean Monitoring Manager Environmental Protection Manager Human Resources & Risk Manager IT Systems & Operations Manager Maintenance Manager Operations Manager Purchasing & Contracts Manager Orange County Sanitation District Classification and Compensation Plan FY 202212023 (Year One) PROPOSED Rates Effective July 1, 2022 MANAGERS GROUP Classification IPay Gradel Step 1 1 Step 2 1 Step 3 1 Step 4 1Step 5 Engineering Manager I EM18 1 $ 182,707.20 1 $192,067.20 1 $201,884.80 1 $212,180.80 $223,059.20 Administration Manager EM16 $ 173,908.80 $ 182,790.40 $192,150.40 $ 201.968.00 $ 212,264.00 Controller Environmental Lab & Ocean Monitoring Manager Environmental Protection Manager Human Resources & Risk Manager IT Systems & Operations Manager Maintenance Manager Operations Manager Purchasing & Contracts Manager OC SAN 22-28-4 FY 202312024 (Year Two) PROPOSED Rates Effective July 14, 2023 MANAGERS GROUP Classification I Pay Gradel Step 1 1 Step 2 1 Step 3 1 Step 4 Step 5 Engineering Manager I EM18 I S 19MOS.00 1 $ 199,742.40 1 $209,955.20 1 $220,667.20 $231,982.40 Administration Manager EM16 $ 190,856.00 $ 190.112.00 $199,846.40 $ 210.038.40 $ 220,750.40 Controller Environmental Lab & Ocean Monitoring Manager Environmental Protection Manager Human Resources & Risk Manager IT Systems & Operations Manager Maintenance Manager Operations Manager Purchasing & Contracts Manager FY 2024/2025 (Year Three) PROPOSED Rates Effective July 12, 2024 MANAGERS GROUP Classification I Pay Gradel Step 1 1 Step 2 1 Step 3 1 Step 4 1 Step 5 Engineering Manager EM18 1 $ 196,664.00 1 $ 206,731.20 1 $ 217,297.60 1 $ 228,3S4.00 1 $ 240,094.40 Administration Manager EM 16 $ 187,179.20 $ 196,768.00 $ 206,835.20 $ 217,380.80 $ 228,467.20 Controller Environmental Lab & Ocean Monitoring Manager Environmental Protection Manager Human Resources & Risk Manager IT Systems & Operations Manager Maintenance Manager Operations Manager Purchasing & Contracts Manager OC SAN 22-28-5 RESOLUTION NO. OC SAN 22-29 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT APPROVING SALARY AND BENEFIT ADJUSTMENTS FOR UNREPRESENTED EXEMPT CONFIDENTIAL EMPLOYEES FOR FISCAL YEARS 2022/2023, 2023/2024 & 2024/2025 WHEREAS, there are sixteen (16) employees in the confidential job classifications at the Orange County Sanitation District ("OC San") who, with authorized access, assist and act in a confidential capacity to and for persons who formulate, determine, and effectuate management policies with respect to labor relations; and WHEREAS, there are fourteen (14) confidential employees holding exempt level classifications; and WHEREAS, exempt level confidential employees are unrepresented and meet directly with the General Manager about terms and conditions of employment; and WHEREAS, the General Manager recently entered into discussions with the exempt level confidential employees, which resulted in agreed upon proposed changes to wages and benefits that align with those agreed upon for represented employees. NOW, THEREFORE, in consideration thereof, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER: 1. That the Board of Directors hereby authorizes and approves the following changes to wages and benefits for exempt level confidential employees that align with similarly situated represented groups, which shall become effective as noted: • Salary and Compensation o Year 1 — 4.5% Salary Range Adjustment and corresponding Salary Increase, retroactive to the first pay period of July 2022. o Year 2 — 4.0% Salary Range Adjustment and corresponding Salary Increase, effective the first pay period of July 2023. o Year 3 — 3.5% Salary Range Adjustment and corresponding 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. • Deferred Compensation 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 OC SAN 22-29-1 plan are eligible to receive up to a $235 per month matching OC San contribution. • Dental Insurance o Move to the enhanced dental plan negotiated with the SPMG groups in plan year 2023, which includes an increase to the annual plan maximum and the lifetime orthodontic maximum. PASSED AND ADOPTED at a regular meeting of the Board of Directors held September 28, 2022. Chad P. Wanke Board Chairman ATTEST: Kelly A. Lore, MMC Clerk of the Board OC SAN 22-29-2 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 22-29 was passed and adopted at a regular meeting of said Board on the 28t" of September 22, by the following vote, to wit: AYES: NOES: ABSTENTIONS: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 28t" of September 2022. Kelly A. Lore Clerk of the Board of Directors Orange County Sanitation District OC SAN 22-29-3 Orange County Sanitation District Classification and Compensation Plan FY 2021/2022 (Current Year) Rates Effective July 2, 2021 CONFIDENTIAL GROUP Classification Pay Grade STEP STEP STEP STEP STEP 1 2 3 4 5 Human Resources Supervisor I CON90 $ 67.62 $ 71.02 $ 74.54 $ 78.26 $ 82.19 5 140,649.60 15 147,721.60 1 $ 155,043.20 15 162,780.80 15 170,955.20 Clerk of the Board I CON881 $ 64.35 $ 67.56 $ 70.96 $ 74.48 $ 78.21 $ 133,848.00 1 $ 140,524.80 1 $ 147,596.80 1 $ 154,918.40 1 $ 162,676.80 Principal Human Resources Analyst I CON841 $ 58.29 $ 61.20$ 64.26 $ 67.48 $ 70.85 5 121,243.20 1 $ 127,296.09 1 $ 133,660.80 1 $ 140,358.40 1 $ 147,368.00 (Senior Human Resources Analyst I CON76 1 $ 47.87 1 $ 50.22 1 $ 52.75 1 $ 55.39 1 $ 58.15 5 99,569.60 1 $ 104,457.60 1 $ 109,720.00 1 $ 115,211.20 1 $ 120,952.00 Assistant Cke of the Board I CON741 $ 45.521 $ 47.83 1 $ 50.20 1 $ 52.71 1 $ 55.35 1 $ 94,702.40 1 $ 99,465.64 1 $ 104,395.20 1 $ 109,636.80 1 $ 115,128.00 ISecretaryto the General Manager I CON73 1 $ 44.42 1 $ 46.65 1 $ 48.97 1 $ 51.42 1 $ 54.00 1 $ 92,393.60 1 $ 97,032.00 1 $ 101,857.60 1 $ 106,953.60 I $ 112,320.00 Human Resources Analyst I CON701 $ 41.26 1 $ 43.331 $ 45.51 $ 47.78 $ 85,820.80 1 $ 90,126.40 15 94,660.80 1 $ 99,382.40 $ 104,353.60 Human Resources Assistant I CON671 S 39.85 1 $ 41.84 $ 43.94 15 46.1215 48.43 $ 82,888.00 1 $ 87,027.20 1 $ 91,395.20 1 $ 95,929.60 1 $ 100,734.40 OC SAN 22-29-4 Orange County Sanitation District Classification and Compensation Plan FY 2022/2023 (Year One) PROPOSED Rates Effectirre July 1, 2022 CONFIDENTIAL GROUP Pay STEP STEP STEP STEP STEP Classification Grade 1 2 3 4 5 Human Resources Supervisor I CON90 I S 70.66 $ 74.22 $ 77.89 $ 81.78 $ 146,972.80 1 $ 154,377.64 1 $ 162,011.20 1 $ 170,102.40 $ 178,651.20 Clerk of the Board I CON88 $ 67.25 $ 70_64 $ 74.15 $ 77.83 $ 81.73 $ 139,880.00 1 $ 146,848.00 1 $ 154,232.00 15 161,886.40 1 $ 169,998.40 Principal Human Resources Analyst I CON841 $ 60.91 $ 63.95 $ 67.151 $ 70.52 $ 74.04 $ 126,692.80 1 $ 133,016A0 1 5 139,672.00 1 $ 146,681.60 1 $ 164,003.20 Senior Human Resources Analyst I CON761 $ 59.02 $ 52.48 1 $ 55.12 $ 57.881 $ 60.77 $ 104,041.69 1 $ 109,158.40 1 $ 114,649.60 1 $ 120,390.40 1 $ 126,401.60 Assistant Clerk of the Board I CON74 $ 47.57 $ 49.98 $ 52.46 $ 55.08 $ 57.84 $ 98,945.6,0 1 $103,958.49 1 5 109,116.80 1 $ 114,566.40 1 S 120,307.20 Seeretaryto the General Manager I CON731 S 46.42 $ 48.751 $ 51.17 $ 53.731 $ 56.43 5 96,553.69 1 $ 101,400A0 1 5 106,433.60 1 $ 111,758.40 1 $ 117,374.40 Human Resources Ana st I CON70 S 43.12 $ 45.28 $ 47.56 $ 49.931 $ 62.43 $ 89,689.69 1 $ 94,182.44 $ 98,924-801 $ 103,854.40 1 $ 109.054.40 Human Resources Technician II 1 CON67 S 41.64 $ 43.72 $ 45.92 $ 48.20 1 $ 50.61 5 86,611.29 1 5 90,937.60$ 95,513.601 $ 100,256.00 1 $ 105,268.80 Human Resources Technician I I -CON621 $ 36.83 $ 38.68 $ 49.60 1 $ 42.631 $ 44.75 $ 76,606.44 $ 80,454.40 $ 84,448.00 1 $ 88,670.40 1 $ 93.080.00 OC SAN 22-29-5 FY 2023/2024 (Year Two) PROPOSED Rates Effective July 14, 2023 CONFIDENTIAL GROUP Classification Pay Grade STEP STEP STEP STEP STEP 1 2 a ¢ Human Resources Supervisor I CON90 I $ 73.49 $ 77.19 $ 81-011 $ 85.05 La 1 $ 160,555.20 15 168,500.80 1 $ 176,904.00 1 $ 185,806.40 Clerk of the Board I CON88 I S 69.94 $ 73.42 $ 77.12 $ 80.94 1 $ 85.00 5 145,475.20 1 $ 152,713.60 1 $ 160,409.60 $ 168,355.20 $ 176,800.00 Principal Human Resources Analyst CON84 $ 63.35 $ 66.51 $ 69-841 $ 73.34 1 $ 77.00 $ 131,768.00 1 $ 138,340.80 1 5 145,267.20 $ 152,547.20 1 $ 160,160.00 Senior Human Resources Analyst I CON761 S 62.021 $ 54.68 $ 57-321 $ 60.20 1 $ 63.20 $ 108,201.60 1 $ 113,626.40 1 5 119,225.60 $ 125,216.00 1 $ 131,456.00 ?Assistant Clerk of the Board I CON74 $ 49.47 $ 51.98 1 $ 54.56 $ 57.28 $ 60.15 $ 102,897.60 1 $ 108,118.40 1 $ 113,484.80 $ 119,142.40 1 $ 125,112.00 Secretary to the General Manager I CON731 $ 48.231 $ 50.70 $ 53-221 $ 55.881 $ 58.69 5 100,422.40 1 $ 105,456.00 1 5 110,697.60 1 $ 116,230.40 1 $ 122,075.20 Human Resources Ana st I CON70 $ 44.84 $ 47.09 $ 49.46 1 $ 51.93 $ 54.53 5 93,267.20 $ 97,947-201 $ 102,876.80 1 $ 108,014.40 1 $ 113,422.40 Human Resources Technician II 1 CON67 $ 43.31 $ 45.47 $ 47.76 $ 50.13 $ 52.63 $ 90,084.801 $ 94,577.60 1 $ 99,340.80 1 $ 104,270.40 1 $ 109,470.40 Human Resources Technician I I CON621 $ 38.30 $ 40.23 $ 42.22 $ 44.3-41 $ 46.E4 5 79.664.001 $ 83,678.40 5 87,817.60 1 S 92.227.20 1 $ 96.803.20 OC SAN 22-29-6 FY 2024/2025 (Year Three) PROPOSED Rates Effective July 12, 2024 C014FIDENTIAL GROUP Classification Pay Grade STEP STEP STEP STEP STEP 1 2 3 4 15 Human Resources Supervisor I CON94 $ 76.06 $ 79.89 $ 83.85 $ 88.03 $ 92.46 $ 158,204.89 1 $ 1%,171.20 1 $ 174,408.00 1 $ 183,102.40 1 $ 192,316.80 Clerk of the Board I CON88 5 72.39 $ 75.99 $ 79.82 $ 83.77 $ 87.98 $ 150,571.29 1 $ 158,059.20 1 $ 166,025.60 1 $ 174,241.60 1 $ 102,998.40 Principal Human Resources Analyst I CON841 $ 65.57 $ 68.841 $ 72.28 $ 75.91 1 $ 79.70 $ 136,385.69 1 $ 143,187.20 1 $ 150,342.40 1 $ 157,892.80 1 5 165,776.00 Senior Human Resources Analyst I CON761 $ 53.84 $ 56.491 $ 59.33 $ 62.31 1 $ 65.41 $ 111,987.26 1 $ 117,499.20 1 $ 123,406.40 1 $ 129,604.80 1 5 136,052.80 sistant Clerk of the Board I CON741 $ 51.26 $ 53.801 $ 56.47 $ 59.28 1 $ 62.26 $ 106,496.06 1 $ 111,904.00 1 $ 117,457.60 1 $ 123,302.40 1 5 129,500.80 Secretary to the General Manager I CON731 $ 49.971 $ 52.471 $ 55.081 $ 57.84 1 $ 60.74 $ 103,937.60 1 $109,137.60 1 $ 114,566.40 1 $ 120,307.24 1 $ 126,339.20 Human Resources Ana st I CON701 $ 46.41 $ 48.741 $ 51.19 $ 53.75 $ 56.44 $ 96,532.801 $101,379.20 1 $ 106,475.20 1 $ 111,800.04 1 5 117,395.20 Human Resources Technician II 1 CON671 $ 44.83 $ 47.061 $ 49.43 $ 51.88 $ 54.47 $ 93,246.40 $ 97,884.80 1 $ 102,814.40 1 $ 107,910.40 1 5 113,297.60 Human Resources Technician I I CON621 $ 39.64 1$ 41.641 $ 43.74 $ 45.89 $ 48.17 $ 82,451.20 $ 86,611-201 $ 90,896.00 1 $ 95,451.20 1 $ 100,193.60 OC SAN 22-29-7 RESOLUTION NO. OC SAN 22-30 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT APPROVING SALARY AND BENEFIT ADJUSTMENTS FOR UNREPRESENTED NON-EXEMPT CONFIDENTIAL EMPLOYEES FOR FISCAL YEARS 2022/2023, 2023/2024 & 2024/2025 WHEREAS, there are sixteen (16) employees in the confidential job classifications at the Orange County Sanitation District ("OC San") who, with authorized access, assist and act in a confidential capacity to and for persons who formulate, determine, and effectuate management policies with respect to labor relations; and WHEREAS, there are two (2) confidential employees holding a non-exempt classification; and WHEREAS, non-exempt confidential employees are unrepresented and meet directly with the General Manager about terms and conditions of employment; and WHEREAS, the General Manager recently entered into discussions with the non- exempt confidential employees, which resulted in agreed upon proposed changes to wages and benefits that align with those agreed upon for similarly situated represented employees. NOW, THEREFORE, in consideration thereof, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER THE FOLLOWING- 1 . That the Board of Directors hereby authorizes and approves the following changes to wages and benefits for non-exempt confidential employees, which shall become effective as noted: • Salary and Compensation o Year 1 — 4.5% Salary Range Adjustment and corresponding Salary Increase, effective the first pay period of July 2022. o Year 2 — 4.0% Salary Range Adjustment and corresponding Salary Increase, effective the first pay period of July 2023. o Year 3 — 3.5% Salary Range Adjustment and corresponding 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. • Deferred Compensation 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 OC SAN 22-30-1 plan are eligible to receive up to a $160 per month matching OC San contribution. • Dental Insurance o Move to the enhanced dental plan negotiated with the OCEA groups in plan year 2023, which includes an increase to the annual plan maximum and the lifetime orthodontic maximum. PASSED AND ADOPTED at a regular meeting of the Board of Directors held September 28, 2022. Chad P. Wanke Board Chairman ATTEST: Kelly A. Lore, MMC Clerk of the Board OC SAN 22-30-2 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 22-30 was passed and adopted at a regular meeting of said Board on the 281" of September 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 281" of September 2022. Kelly A. Lore Clerk of the Board of Directors Orange County Sanitation District OC SAN 22-30-3 Orange County Sanitation District Classification and Compensation Plan FY 2021/2022 (Current Year) Rates Effect iveluly 2, 2021 CONFIDENTIAL GROUP Pay STEP STEP STEP STEP STEP Classification Grade 1 2 3 4 5 Human Resources Supervisor I CON90 5 67.62 $ 71.02 $ 74.54 $ 78.26 $ 140,649.60 13 147,721.60 1 $ 155,04320 1 $ 162,780.80 1 $ 170,955.20 Clerk of the Board I CON88 5 64.35 $ 67.56 $ 70.96 $ 74.48 1 $ 7821 $ 133,848.00 1 $ 140,524.80 1 $ 147,596.80 1 $ 154,918.40 1 $ 162,676.80 Principal Human Resources Analyst I CON84 $ 5829 $ 6120 $ 6426 $ 67.48 1 $ 70.85 $ 121,243.20 1 $ 127,296.00 1 $ 133,660.80 1 $ 140,358.40 1 $ 147,368.00 Senior Human Resources Analyst I CON76 5 47-87 $ 50-22 $ 52.75 $ 55.39 $ 58.15 5 99,569.60 1 $ 104,457.60 15 109,720.00 15 115,211.20 1 $ 120,952.00 Assistant Clark of the Board I CON74 5 45.52 $ 47.83 $ 5020 $ 52.71 $ 56.35 5 94,702.401 3 99,465.60 15 104,395.20 15 109,636.80 1 5 115,128.00 Secretary to the General Manager I CON73 $ 44.42 $ 46.65 $ 48.97 1 $ 51.42 $ 54.00 $ 92,393.601 3 97,032.00 1 $ 101,857.60 15 106,953.60 1 5 112,320.00 Human Resources Analyst I CON701 $ 41.26 $ 43.33 $ 45.5115 47.78 IS 50.17 85,820.801 $ 90,126.40 1 $ 94,660.80 1 $ 99,382.40 1 $ 104,353.60 Human Resources Assistant I CON671 $ 39.85 1 $ 41.84 $ 43.94 1,5 46.12 $ 48.43 $ 82,888.00 1 $ 87,02720 1 $ 91,39520 1 $ 95,929-601 5100,734.40 OC SAN 22-30-4 Orange County Sanitation District Classification and Compensation Plan FY 2422f 2023 (Year One) PROPOSED Rates Effective July 1, 2022 CONFIDENTIAL GROUP Classification Pay Grade STEP STEP STEP STEP STEP 1 2 3 4 5 Human Resources Supervisor I CON901 $ 70.66 $ 74.22 $ 77.89 $ 81.78 1 $ 85.89 $ 146,972.80 1 $ 154,377.60 1 $ 162,011.20 1 $ 170,102.40 1 $ 178,651.20 Clerk of the Board I CON88 $ 67.25 $ 70.60 $ 74.15 $ 77.83 1 $ 81.73 $ 139,880_00 1 $ 146,848_00 1 $ 154,232.00 $ 161,886.40 1 $ 169,990.40 Principal Human Resources Anaiyst I CO"841 $ 60.91 $ 63.95 1 $ 67.15 $ 70.52 $ 74.04 $ 126,692.80 1 $ 133,016.00 1 5 139,672.00 1 $ 146,681.60 1 $ 164,003.20 Senior Human Resources Analyst I CON761 $ 50.02 $ 52.48 $ 55.12 $ 57.881 $ 60.77 $ 104,041.60 1 $ 109,158.40 1 $ 114,649.60 1 $ 120,390.40 1 $ 126,401.60 Assistant Clerk of the Board I CON74 $ 47.57 $ 49.98 1 $ 52.46 $ 55.08 $ 57.84 $ 98,945.60 1 $ 103,958.40 1 $ 109,116.80 1 $ 114,566.40 1 $ 120,307.20 Secretary to the General Manager I CON73 5 45.42 $ 48.75 $ 51.17 $ 53.73 $ 56.43 $ 96,553.60 1 $ 101,400.00 1 5 106,433.60 1 $ 111,758.40 1 $ 117,374.40 Human Resources Ana st I CON70 5 43.12 $ 45.231 $ 47.56 $ 49.931 $ 62.43 $ 89,689.601 $ 94,182.401 $ W,924.801 $ 103,854.40 1 $ 109,MA.40 Human Resources Technician II 1 COM67 $ 41.64 $ 43.72 $ 45.92 $ 48.20 1 $ 50.61 $ 86,611.20 1 5 90,937.601 5 95,513.601 $ 100,256.00 1 $ 105,268.80 Human Resources Technician I I CON62 $ 36_83 $ 38.68 1 $ 40.60 1 $ 42.63 $ 44.75 $ 76,608.40 1 $ 80,454.40 $ 84,448_00 1 5 88,670.40 1 5 93,080_00 OC SAN 22-30-5 FY 2023/2024 (Year Two) PROPOSE[] Rates Effective July 14, 2023 CONFIDENTIAL GROUP Classification Pay Grade STEP STEP STEP STEP STEP 1 2 a 4 1 5 Human Resources Supervisor I CON90 15 73.49 $ 77.19 $ 81.01 $ 85.05 $ 152,859.20 1 $ 160,555.20 1 $ 168,500.80 1 $ 176,904.00 Clerk of the Board I CON881 $ 69.94 $ 73.42 $ 77.12 1 $ 80.94 1 $ 85.00 $ 145,475.20 1 $ 152,713.60 1 $ 160,409.60 5 168,355.20 1 $ 176,800.00 Principal Human Resources Analyst I CON84 $ 63.35 $ 66.51 $ 69.84 $ 73.34 $ 77.00 $ 131,768.00 1 $ 138,340.80 1 $ 145,267.20 $ 152,547.20 1 $ 160.160.00 Senior Human Resources Ana st I CON761 $ 52.02 $ 54.58 $ 57.32 $ 60.20 1 $ 63.20 $ 108,201.60 1 $ 113,526.40 1 $ 119,225.60 $ 125,216.00 1 $ 131,456.00 Assistant Clerk of the Board I CON74 $ 49.47 $ 51.98 $ 54.56 $ 57.28 $ 60.15 $ 102,897.60 1 $ 108,1IS_40 I 5 113,48480 $ 119,142.40 1 $ 125,112.00 Secretary to the General Manager I CON731 $ 43.281 $ 50.70 $ 53.22 $ 55.88 $ 58.69 $ 100,422.40 1 $ 105,456.00 1 $ 110,697.60 1 $ 116,230.40 1 $ 122,075.20 Human Resources Analyst I CON74 $ 44.84 $ 47.09 $ 49.46 1 $ 51.93 $ 54.53 $ 93,267.20 $ 97,947-201 $ 102,876.80 1 $ 108,014.40 1 $ 113,422.40 Human Resources Technician II 1 CON67 $ 43.31 $ 45.47 $ 47.76 $ 50.13 $ 52.63 90,064.80 1 $ 94,577.60 1 $ 99,340.60 1 S 104,270.40 $ 109,470.40 Human Resources Technician I I CON621 $ 38.30 1 $ 40.23 $ 42.221.5 44.34 $ 79,664.00 $ 83,678.40 $ 87,817-601 $ 92,227.20 $ 96,803.20 OC SAN 22-30-6 FY 20 24/202 5 (Year Three) PROPOSED Rates Effective July 12, 2024 CONFIDENTIAL GROUP Classification Pay Grade STEP STEP STEP STEP STEP 1 2 3 4 Human Resources Supervisor I CON90 15 76.06 $ 79.89 $ 83.85 $ 88.03 $ 92.46 $ 158,204.89 $ 166,171.20 $ 174,408.00 5 183,102.40 $ 192,316.80 Clerk of the Board I CON88 I S 72.39 $ 75_99 $ 79.82 $ 83.77 $ 87.98 $ 159,571.26 1 $ 158,059.20 1 $ 166,025.60 1 $ 174,241.60 1 $ 182,998.40 Principal Human Resources Analyst 1 CON84 $ 65.57 $ 68.84 1 $ 72.28 $ 75.91 $ 79.70 $ 136,385.69 $ 143,187.20 $ 150,342.40 5 157,892.80 $ 165,776.00 Senior Human Resources Analyst I CON76 $ 53.84 $ 56.49 $ 59.33 $ 62.31 $ 65.41 $ 111,987.26 15 117,499.20 1 $ 123,406.40 15 129,604.80 1 $ 136,052.80 jAssistant Cleric of the Board I CON741 $ 51.26 $ 53.80$ 56.47 $ 59.28 $ 62.26 $ 106.496.06 1 $ 111.904.00 1 $ 117.457.60 15 123.302.40 1 $ 129.500.80 Secretary to the General Manager I CON731 $ 49.97 $ 52.47 $ 55.08 1 $ 57.84 $ 60.74 $ 103,937.69 1 $ 109,137.60 1 $ 114,566.40 15 120,307.20 1 $ 126,339.20 11-luman Resources Analyst I CON701 $ 46.41 1 $ 48.741 $ 51.19 1 $ 53.75 1 $ 56.44 $ 96.532.86 1 $ 101.379.20 1 $ 106,475.20 15 111,800.00 1 $ 117.395.20 Human Resources Technician II 1 CON671 $ 44.83 $ 47.06 $ 49.43 $ 51.881 $ 54.47 $ 93,246.40 5 97,884.89 $ 102,814.40 5 107,910.40 $ 113,297.60 lHuman Resources Technician I I CON621 $ 39.64 1 $ 41.641 $ 43.70 15 45.891 $ 48.17 $ 82,451.29 15 86,611.29 1 $ 90,896.00 15 95,451.20 1 $ 100,193.60 OC SAN 22-30-7 "� SAN ORANGE COUNTY SANITATION DISTRICT File #: 2022-2540 STEERING COMMITTEE Agenda Report Agenda Date: 9/28/2022 FROM: Laura Kalty, Chief Negotiator Originator: Celia Chandler, Director of Human Resources SUBJECT: Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714)593-7433 Agenda Item No: 3. SUCCESSOR MEMORANDUM OF UNDERSTANDING FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS - LOCAL 501 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: A. Adopt Resolution No. OC SAN 22-31, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memorandum of Understanding (MOU) between the Orange County Sanitation District and the International Union of Operating Engineers Local 501, for Fiscal Years 2022/2023, 2023/2024 & 2024/2025"; B. Direct Staff to finalize and sign the Memorandum of Understanding (MOU) between Orange County Sanitation District and the Local 501 bargaining unit; and C. Approve pay grade changes for the following classifications: Mechanic (LOC61 to LOC62), Senior Mechanic (LOC67 to LOC68), and Lead Mechanic (LOC71 to LOC72). BACKGROUND The MOU between the Orange County Sanitation District (OC San) and the International Union of Operating Engineers Local 501 (Local 501) that became effective on July 1, 2019 expired on June 30, 2022. Local 501 submitted its initial proposal for a successor MOU on April 13, 2022. Local 501 and OC San have met and conferred in good faith nine (9) 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. Based on Board authorization, the Chief Negotiator presented a counter proposal to Local 501 following the June 2022 meeting, at which time OC San and Local 501 came to a full tentative agreement. On July 8, 2022, OC San was informed that the tentative agreement was not ratified by the Local 501 membership. OC San and Local 501 continued meeting and conferring in good faith, and Local 501 provided a counter proposal on August 15, 2022. On August 24, 2022, the Board of Directors authorized the Chief Negotiator to proceed with a three- year contract and salary increases for Local 501 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 Orange County Sanitation District Page 1 of 5 Printed on 9/20/2022 powered by LegistarTIM File #: 2022-2540 Agenda Date: 9/28/2022 Agenda Item No: 3. 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 • Maintain positive employer -employee relations • Provide professional growth and development PROBLEM The MOU between OC San and Local 501 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 22-31, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memorandum of Understanding between the Orange County Sanitation District and the International Union of Operating Engineers Local 501, for Fiscal Years 2022/2023, 2023/2024 & 2024/2025". TIMING CONCERNS OC San and Local 501 have bargained in good faith and have reached tentative agreement on a successor MOU 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 Local 501 from the Steering Committee and the Board of Directors. The Local 501 meet and confer process was agendized for discussion in Closed Session at the following Committee/Board meetings: • February 23, 2022 - Steering Committee and Board Meeting • March 23, 2022 - Steering Committee and Board Meeting Orange County Sanitation District Page 2 of 5 Printed on 9/20/2022 powered by LegistarTM File #: 2022-2540 Agenda Date: 9/28/2022 Agenda Item No: 3. • April 27, 2022 - Steering Committee and Board Meeting • May 25, 2022 - Steering Committee and Board Meeting • June 22, 2022 - Steering Committee and Board Meeting • July 27, 2022 - Steering Committee and Board Meeting • August 24, 2022 - Steering Committee and Board Meeting ADDITIONAL INFORMATION Local 501 is the recognized employee organization certified to provide exclusive representation over wages, hours of work, and other terms and conditions of employment for 189 non-exempt OC San employees in the trades. These employees perform skilled labor within the trades across the Operations & Maintenance Department. Based on Board authorization, OC San reached a full tentative agreement with Local 501 on September 6, 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. Local 501 distributed the proposal to their membership for voting and Local 501's membership ratified the proposal by majority vote on September 19, 2022. Additionally, through negotiations the parties agreed to pay grade changes for the following classifications: Mechanic (LOC61 to LOC62), Senior Mechanic (LOC67 to LOC68), and Lead Mechanic (LOC71 to LOC72). The full redlined version of the Local MOU is attached for review. A summary of the key changes to the MOU are as follows: 1. Article 1, Recognition: Term of the agreement begins July 1, 2022. 2. Article 2, Duration: Agreement terminates on June 30, 2025. 3. Article 10, Discipline and Dismissal: Add language specifying that "no call/now show" is considered serious misconduct. 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: Employees hired or promoted into the Group as of the last day of the first full pay period in July 2022 will receive a $2,000 one-time payment. 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 $98 per month matching OC San contribution for FY 2022/2023, and $168 per month for FY 2023/2024 and 2024/2025. 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. Updated Holiday Schedule A and Holiday Schedule B. 8. Article 17, Hours of Work: Add language that the supervisor may authorize a paid thirty (30) minute meal period for certain employees working in Collections, understanding employees Orange County Sanitation District Page 3 of 5 Printed on 9/20/2022 powered by LegistarTM File M 2022-2540 Agenda Date: 9/28/2022 Agenda Item No: 3. may be required to perform work and work through lunch as necessary. Add language indicating that the shift is inclusive of the Passdown period and in exigent circumstances where an employee is required to be present outside of the regular shift, overtime may be authorized by management. Remove Power Plant Operator reopener. 9. Article 19, Standby Pay: Increase standby pay from $500 to $550/week. Add language for Special Risk Standby based on Director of O&M determination. 10. Article 20, Insurance: Remove HRA Reopener language. Add language to reflect that calculation of benefits for retiring employees is based on continuous service for benefited employment only, time as an intern or in a non-benefitted status will not count. 11. Article 23, Probationary Period: Change initial probationary period from six months to one year. Add language clarifying at -will status of probationary employees. 12. Article 24, Promotions: Add language that if a promotion is for a classification that is subject to Department of Transportation requirements, the employee selected for the promotion must successfully complete alcohol and controlled substances testing in order to be promoted. 13. Article 25, Retirement: Remove language regarding employees on Plan G as it is no longer applicable. 14. Article 27, Leaves of Absence Without Pay: Add language that 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. 15. 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. Remove Classification Adjustment Reopener language. 16. Article 45, Substance Abuse Policy: Add language that any employee promoted, reassigned, or transferred into a classification subject to DOT requirements will be required to successfully complete alcohol and controlled substances testing prior to assuming the position. 17. Article 49, Shift Changes: Add language clarifying that 30 days may be extended if the shift change would interfere with the initial training of a newly hired Power Plant Operator. 18. Article 51, Resignation: Add language that employees resigning from OC San 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. 19. Article 53, Operator Rotations (New Article): Add language that all employees assigned to the Lead Plant Operator, Senior Plant Operator, Plant Operator or Operator -In -Training classifications will be subject to Plant Operator Process Area and Plant Rotation Programs as developed. The MOU was updated with housekeeping changes to reflect the organizational name change from "OCSD" to OC San. Additionally, the MOU was updated to reflect any changes to law. Orange County Sanitation District Page 4 of 5 Printed on 9/20/2022 powered by LegistarT" File #: 2022-2540 CEQA N/A Ia10/_1►I:N/_1wore] ►&11Q4:7_11Iff]01K Agenda Date: 9/28/2022 Agenda Item No: 3. The total cost is $7,674,197 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 22-31 • Local 501 MOU (redlined version) • Salary Schedules - Mechanic Job Series (FY2021-22 and Proposed FY 2022-25) Orange County Sanitation District Page 5 of 5 Printed on 9/20/2022 powered by LegistarTM RESOLUTION NO. OC SAN 22-31 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 501, FOR FISCAL YEARS 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 International Union of Operating Engineers (referred hereinafter as "Local 501"), 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 MOU on November 17, 2021 Local 501 requested to meet and confer regarding successor MOUs; WHEREAS, pursuant to Government Code Section 3500, et seq., representatives of Local 501 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; WHEREAS, through negotiations the parties agreed to pay grade changes of the following classifications: Mechanic (LOC61 to LOC62), Senior Mechanic (LOC67 to LOC68), and Lead Mechanic (LOC71 to LOC72); and WHEREAS, the parties have modified the 2022 MOU between the District and Local 501 to reflect the parties' understanding regarding certain terms and conditions, which include: • Duration of the MOU has been modified and will be for a 3-year term commencing July 1, 2022, and terminating June 30, 2025, as reflected in the Cover Page and Articles 1 and 2 of the MOU. • Discipline and Dismissal of the MOU has been modified as set forth below and as reflected in Article 10 of the MOU: o Language added to specify that "no call/no show" is considered serious misconduct. • Grievance Procedure has been modified as set forth below and as reflected in Article 11 of the MOU: 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. OC SAN 22-31 • Salary Adjustments and Compensation has been modified as set forth below and as reflected in Article 13 of the MOU: 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 $2000 one-time payment. • Severance Pay has been modified as set forth below and as reflected in Article 14 of the MOU: o Deleted: Employees are expected to give a minimum of two (2) weeks written notification when terminating employment with OC San. Deferred Compensation has been modified as set forth below and as reflected in Article 15 of the MOU: 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 $98 per month matching OC San contribution for FY 2022/2023, and $168 per month for FY 2023/2024 and 2024/2025. • Holidays has been modified as set forth below and as reflected in Article 16 of the MOU: 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. o Updated Holiday Schedule A and Holiday Schedule B charts. • Hours of Work has been modified as set forth below and as reflected in Article 17 of the MOU: o Add language that the supervisor may authorize a paid thirty (30) minute meal period for certain employees working in Collections, understanding employees may be required to perform work, and work through lunch as necessary. o Add language indicating that the shift is inclusive of the Passdown period and in exigent circumstances where an employee is required to be present outside of the regular shift, overtime may be authorized by management. o Remove Power Plant Operator reopener. Standby Pay has been modified as set forth below and as reflected in Article 19 of the MOU: o Increase standby pay from $500 to $550/week. o Add language for Special Risk Standby based on Director of Operations & Maintenance determination. OC SAN 22-31 • Insurance has been modified as set forth below and as reflected in Article 20 of the MOU: o Remove HRA Reopener language. 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 MOU: 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. • Promotions has been modified as set forth below and as reflected in Article 24 of the MOU: o Add language that if a promotion is for a classification that is subject to Department of Transportation requirements, the employee selected for the promotion must successfully complete alcohol and controlled substances testing in order to be promoted. • Retirement has been modified as set forth below and as reflected in Article 25 of the MOU: o Delete language regarding Plan G, as there are no longer any Plan G members. Leaves of Absence with Pay has been modified as set forth below and as reflected in Article 27 of the MOU: o Add language that 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. • Classification Studies has been modified as set forth below and as reflected in the MOU: 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. OC SAN 22-31 o Reopener: OC San and Local 501 agree to reopen this Agreement to meet and confer regarding the comparison agencies used for any classification and compensation studies. o Remove Classification Adjustment Reopener language. • Substance Abuse Policy has been modified as set forth below and as reflected in the MOU: o Add language that any employee promoted, reassigned, or transferred into a classification subject to DOT requirements will be required to successfully complete alcohol and controlled substances testing prior to assuming the position. • Shift Changes has been modified as set forth below and as reflected in Article 49 of the MOU: o Add language clarifying that the 30 days for employees to begin their new shift who are awarded a shift bid may be extended if the shift change would interfere with the initial training of a newly hired Power Plant Operator. • Resignation has been modified as set forth below and as reflected in Article 51 of the MOU: 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. Operator Rotations has been added as a new article, Article 53, as set forth below and as reflected in the same article of the MOU as follows: o Add language that all employees assigned to the Lead Plant Operator, Senior Plant Operator, Plant Operator or Operator -In -Training classifications will be subject to Plant Operator Process Area and Plant Rotation Programs as developed. Housekeeping o Changes have been made throughout the MOU 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, DETERMINE AND ORDER: Section 1. The aforementioned MOU between OC San and Local 501 for the contract period of July 1, 2022, through June 30, 2025, as outlined herein are hereby approved. OC SAN 22-31 Section 2. The General Manager is authorized to sign the Memoranda of Understanding with Local 501 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 of the Board of Directors of the Orange County Sanitation District held September 28, 2022. Chad P. Wanke Board Chairman ATTEST: Kelly A. Lore, MMC Clerk of the Board OC SAN 22-31 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 22-31 was passed and adopted at a regular meeting of said Board on the 28th day of September 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 28th day of September 2022. Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District OC SAN 22-31 MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 501 FOR THE OPERATIONS AND MAINTENANCE UNIT July 1, 20 through June 30, 202 TABLE OF CONTENTS ARTICLE 1. RECOGNITION............................................................................................................................. 4 ARTICLE 2. DURATION................................................................................................................................... 4 ARTICLE 3. SUCCESSOR AGREEMENT....................................................................................................... 4 ARTICLE 4. LOCAL 501 ACCESS................................................................................................................... 4 ARTICLE 5. LOCAL 501 RIGHTS.................................................................................................................... 5 ARTICLE 6. nie�TOC SAN RIGHTS......................................................................................................... 5 ARTICLE 7. NONDISCRIMINATION IN EMPLOYMENT................................................................................. 5 ARTICLE 8. SMOKE -FREE WORK ENVIRONMENT...................................................................................... 6 ARTICLE9. SAFETY........................................................................................................................................ 6 ARTICLE 10. DISCIPLINE AND DISMISSAL.................................................................................................... 6 ARTICLE 11. GRIEVANCE PROCEDURE......................................................................................................... 7 ARTICLE 12. PROBLEM SOLVING PROCEDURE........................................................................................... 9 ARTICLE 13. SALARY ADJUSTMENTS AND COMPENSATION.................................................................... 9 ARTICLE 14. SEVERANCE PAY..................................................................................................................... 11 ARTICLE 15. DEFERRED COMPENSATION.................................................................................................. 11 ARTICLE 16. HOLIDAYS.................................................................................................................................. 11 ARTICLE 17. HOURS OF WORK..................................................................................................................... 13 ARTICLE 18. CALL-BACK PAY....................................................................................................................... 14 ARTICLE 19. STANDBY PAY.......................................................................................................................... 15 ARTICLE 20. INSURANCE............................................................................................................................... 15 ARTICLE 21. REIMBURSEMENT ACCOUNT................................................................................................. 17 ARTICLE 22. OVERTIME................................................................................................................................. 18 ARTICLE 23. PROBATIONARY PERIOD........................................................................................................ 18 ARTICLE 24. PROMOTIONS............................................................................................................................ 19 ARTICLE 25. RETIREMENT............................................................................................................................. 19 ARTICLE 26. SHIFT DIFFERENTIAL............................................................................................................... 20 ARTICLE 27. LEAVE -OF -ABSENCE WITH PAY............................................................................................ 18 ARTICLE 28. LEAVE -OF -ABSENCE WITHOUT PAY..................................................................................... 24 ARTICLE 29. CLASSIFICATION STUDIES..................................................................................................... 27 ARTICLE 30. DRIVER'S LICENSE................................................................................................................... 28 ARTICLE 31. LAYOFF PROCEDURE.............................................................................................................. 28 ARTICLE 32. LIGHT DUTY............................................................................................................................... 28 ARTICLE 33. MEDICAL EXAMINATION......................................................................................................... 29 ARTICLE 34. MILEAGE ALLOWANCE........................................................................................................... 29 ARTICLE 35. ACTING PAY.............................................................................................................................. 29 ARTICLE 36. PERFORMANCE REVIEWS...................................................................................................... 30 ARTICLE 37. PERSONNEL FILES................................................................................................................... 30 ARTICLE 38. BULLETIN BOARDS.................................................................................................................. 30 ARTICLE 39. RELEASE TIME FOR MEET AND CONFER SESSIONS......................................................... 30 ARTICLE 40. USE OF nic�TOC SA FACILITIES.................................................................................. 28 ARTICLE 41. SCOPE OF BARGAINING......................................................................................................... 28 ARTICLE 42. IMPASSE PROCEDURES......................................................................................................... 31 ARTICLE 43. SEVERABILITY.......................................................................................................................... 31 ARTICLE44. UNIFORMS................................................................................................................................. 29 ARTICLE 45. SUBSTANCE ABUSE POLICY.................................................................................................. 32 ARTICLE 46. DUES DEDUCTIONS................................................................................................................. 32 Local 501 MOU July 1, 20 to June 30, 202 Page 2 ARTICLE 47. UNION DUES.............................................................................................................................. 30 ARTICLE 48. PEACEFUL RESOLUTION OF DISPUTES............................................................................... 31 ARTICLE 49. SHIFT CHANGES....................................................................................................................... 31 ARTICLE 50. WORKPLACE VIOLENCE AND WEAPONS POLICY.............................................................. 32 ARTICLE51. RESIGNATION........................................................................................................................... 33 ARTICLE 52. OPERATOR CERTIFICATION................................................................................................... 33 ARTICLE 53. OPERATOR ROTATIONS....................................................................................... 33 SIGNATUREPAGE.............................................................................................................................................. 34 EXHIBITA............................................................................................................................................................. 35 Local 501 MOU 20252 Page 3 July 1, 202249 to June 30, MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 501 FOR THE OPERATIONS AND MAINTENANCE UNIT In accordance with the provisions of California Government Code Sections 3500, et seq., and Resolution OC SAN 22-31 ^��4 of the Joint Board of Directors, the D;Str;GOC San's authorized representatives have met and conferred in good faith with representatives of the International Union of Operating Engineers, Local 501, for the DiStFieOC San's Operations and Maintenance Unit. These meetings have resulted in an agreement and understanding to recommend that the employees represented by Local 501 accept these terms and conditions, and that the Board of Directors adopt by Resolution the changes and additions to the wages, hours, and conditions of employment for the employees represented by Local 501 as set forth in this Agreement. ARTICLE 1. RECOGNITION 1.1. This Agreement is entered into between the Orange County Sanitation District, referred to hereinafter as the B+str+e40C San, and the International Union of Operating Engineers, Local 501, AFL-CIO, referred to hereinafter as Local 501, as a mutual recommendation to the Board of Directors of the n stroc OC San of those wages, hours of work, and terms of conditions of employment which are to be in effect at 12:01 a.m. on July 1, 20221-9. 1.2. The Dostric OC San recognizes the International Union of Operating Engineers, Local 501, AFL-CIO, which was certified on October 10, 1985, as the exclusive recognized employee organization for matters within the scope of representation for the following classifications, as set forth in Exhibit A (attached hereto and incorporated by reference), as well as additional classes as may be added hereafter by the DiStr otOC San. ARTICLE 2. DURATION 2.1. This Agreement will be binding on the metric OC San and Local 501 when approved and adopted by the D+strlctOC 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 Resolution (EERR), Resolution No. OCSD 99-24. ARTICLE 3. SUCCESSOR AGREEMENT 3.1. Local 501 will submit in writing its initial proposal for a successor agreement 60 days prior to the expiration date of this Agreement. ARTICLE 4. LOCAL 501 ACCESS 4.1. The Local 501 representative will have access to the metric OC 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 Local 501 representative must obtain authorization for each visit in advance from the Director of Human Resources, or designee. Local 501 MOU 20252 Page 4 July 1, 20221-9 to June 30, 4.2. Local 501 will provide the Director of Human Resources, or designee, with a list of Representatives who are authorized to request access under this Article, and will notify the Director of Human Resources, or designee, of any changes in that list. 4.3. Local 501 access will not interfere with DistrictOC San operations, or with the work of employees in any manner. The DiE;triGtOC San reserves the right to restrict access in certain areas designated confidential or secure. ARTICLE 5. LOCAL 501 RIGHTS 5.1. Local 501 may designate fourteen (14) employees to act as Shop Stewards for employees covered by this Agreement. Local 501 will furnish the Director of Human Resources, or designee, with the names of employees selected as Shop Stewards and will update the list as necessary. An alternate Shop Steward may be designated to act in the absence of the regular Shop Steward. Employees not listed on the roster of Shop Stewards provided to the D;ctFiGtOC San by Local 501 may not act as representatives. 5.2. For purposes of meeting and conferring, Local 501 will be allowed to designate two (2) Shop Stewards to attend (additional Shop Stewards may be added by mutual agreement of the parties). An additional employee, who may or may not be a designated Shop Steward, may be invited to attend to provide subject matter knowledge. 5.3. Shop Stewards will not perform non work -related duties on work time without the prior approval of their immediate supervisor. Neither the D;ctFiGOC San nor Local 501 will interfere with, intimidate, restrain, coerce or discriminate against employees because of the exercise or non -exercise of their rights to engage in Local 501 activity. ARTICLE 6. DISTRICTOC SAN RIGHTS 6.1. D+striG OC San inherent rights, powers, functions, duties, responsibilities and authority related to a managerial or administrative character are reserved to the DiStr;GOC 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 D+strictOC San operations; determine the methods, means and personnel by which D+strictOC 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. DistrieOC 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. DistriGtOC 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 Local 501 from appealing or meeting and conferring the practical consequences or impacts that D+strictOC 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, military or veteran status, or any other lawfully protected class. To the extent required by Local 501 MOU 20252 Page 5 July 1, 20221-9 to June 30, law or by the D;Str;GtOC San's rules or regulations, this provision of the Agreement will be applied to all members of the Unit without regard to any protected classification. ARTICLE 8. SMOKE -FREE WORK ENVIRONMENT 8.1. The D;Str;GOC 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 DistriG OC 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 D+StriG OC San facilities, and may occur only in areas posted for smoking. ARTICLE 9. SAFETY 9.1. It is the duty of the DiStr otOC San to provide and maintain a safe place of employment. Local 501 will cooperate by encouraging all employees covered by this Agreement to perform their work in a safe manner. It is the duty of all employees covered by this Agreement, in the course of performing their assigned duties, to be alert to unsafe practices, equipment, and conditions, and to follow the safety regulations and requirements of the D;StristOC 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. 9 2 Thi�,e DistrirtOC San has a Safety Committee that includes up to six (6) members of Local 501. The committee's recommendations are advisory. The committee will meet at least quarterly; however, additional meetings may be scheduled by either Local 501 or the D;str is OC San. ARTICLE 10. DISCIPLINE AND DISMISSAL 10.1. Discipline may occur when any of the following actions are taken for just cause with respect to any employee in the Unit: verbal reprimand; written reprimand; suspension without pay; reduction in pay, demotion to a classification with a lower pay grade, or dismissal. 10.2. Dismissal, for purposes of this Article, is the separation of a non -probationary employee initiated by the 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 Dtstr+cOC 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 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, Local 501 MOU 20252 Page 6 July 1, 20224-9 to June 30, the D;StFiotOC San will notify the employee in writing of the action that will be taken. Such action may not involve discipline more severe than that described in the Notice of Intent; however, the D;: tr;GOC San may reduce discipline without further notice. Further clarification of the disciplinary policies and procedures are covered in the metric OC San's Personnel Policies and Procedures Manual. 10.7. Dismissal will be preceded by at least one (1) written reprimand, except in those situations in which the employee knows or reasonably should have known that the performance or conduct was unsatisfactory. Such performance or conduct may involve, but is not limited to, dishonesty, possession, use, sale or being under the influence of drugs or alcohol, theft or misappropriation of DiStFiG OC San property or funds, fighting on the job, insubordination, acts endangering people or property, "no-call/no-show," or other serious misconduct. The D;Str;GOC San may substitute documented suspensions without pay for written reprimands. 10.8. If a Notice of Intent is upheld and the disciplinary action is imposed, the employee may request a post -disciplinary hearing. The request must be submitted to the Director of Human Resources, or designee, within ten (10) business days following the effective date of the disciplinary action (for suspensions, the effective date will be the first business day following the final day of the suspension). The Director of Human Resources, or designee, will schedule a post disciplinary hearing with the General Manager or a hearing officer selected by the General Manager. The hearing officer may not be an employee of the Distr iG OC 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. 10.9. Disciplinary actions will be recorded in employee performance reviews. All disciplinary action documentation, except verbal reprimand documentation, will be maintained in an employee's Personnel File in the Human Resources Department. Verbal reprimand documentation will be maintained in the supervisor's employee files. Supervisors shall inform management staff when a verbal reprimand is to be implemented. If after twenty-four (24) months from implementation, there have been no recurrences of similar incidents; supervisors shall destroy the verbal reprimand documentation. 10.10. Written reprimands may be removed from an employee's personnel file twenty-four (24) months subsequent to the date of the issuance if there has been no recurrence of a similar incident during the period. If management agrees to remove the disciplinary action documentation from an employee's personnel file, such documentation will be retained in a separate file by the Human Resources Department for the purpose of showing that progressive discipline has been followed or in support of DiStFieOC San proposed discipline. 10.11. Verbal reprimands and written reprimands may only be reviewed under this Agreement through the Problem Solving Procedure. Nothing in this Article will be construed as a waiver of any statutory or constitutional rights. 10.12. A reduction in pay or a demotion to a classification with a lower pay grade that is not a result of performance deficiencies (for example, reclassifications, "bumping" associated with layoffs, reasonable accommodation) will not be considered discipline. ARTICLE 11. GRIEVANCE PROCEDURE 11.1. A grievance is any complaint that management has violated a specific provision of this Agreement, except that, in accordance with Article 10 above, discipline, which requires a Notice of Intent, may not be reviewed under this Grievance Procedure. 11.2. A grievance may be brought to the attention of the n s+ric OC San by an individual employee within the Unit or by Local 501. The-D;GtFiGOC 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 Distric OC San and Local 501, be consolidated for the purposes of this procedure. Local 501 MOU 20252 Page 7 July 1, 20221-9 to June 30, 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 Local 501 at all steps of the Grievance Procedure unless specifically agreed otherwise by Local 501 and the employee. The istric OC San will provide a copy of all written grievance settlements to Local 501. Any reference to days in this Article means business days, Monday through Friday, excluding recognized holidays. 11.4.1. Step 1• An employee will submit his/her complaint in writing to his/her immediate supervisor, or designee, within ten (10) days of the occurrence of the event giving rise to the complaint, or within ten (10) days from the time that the employee became aware of such event. The supervisor, or designee, will attempt to resolve the issues surrounding the complaint, and respond in writing to the employee within ten (10) days. 11.4.2. Step 2. If the grievance is not settled at Step 1, it may be submitted in writing to the employee's Division Manager, or designee, 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 Distr iG OC San within ten (10) days of the conclusion of Step 1. A-sspy The written grievance must: 11.4.2.1. Identify the specific management act to be reviewed; 11.4.2.2. Specify how the employee was adversely affected; 11.4.2.3. List the specific provisions of the MOU that were allegedly violated and state how they were violated; 11.4.2.4. Specify the remedy requested; and 11.4.2.5. Provide the date of attempts at informal resolution and the name of the supervisor or individual involved. The Division Manager, or designee, will respond in writing to the employee within ten (10) days after the date the grievance is received. 11.4.3. Step 3• If a grievance is not settled under Step 1 or Step 2, it may be presented to the employee's Department Director, or designee, for review and written response. The request for formal review must be presented on a form provided by the 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 Department Director, or designee, will 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, will 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 the grievance is received. The decision of the General Manager, or designee, is final. 11.5. General Provisions. An employee will be given reasonable time off without loss of pay to present and process a grievance. If an employee is represented by a Local 501 Shop Steward, the employee representative will be given reasonable time off without loss of pay to perform this responsibility. Local 501 MOU 20252 Page 8 July 1, 20224-9 to June 30, Absence from work will be approved only if it does not cause disruption to DiStFIGt0C San operations. However, if the time requested cannot be provided, an alternate time will be arranged. 11.6. Failure of a management representative to respond within the appropriate time limit will provide a basis for the employee appealing to the next step. If a grievance is not presented or appealed within the time limits, it will be considered resolved on the basis of the preceding response. The Director of Human Resources, or designee, may be petitioned in writing to waive the step or time requirements provided sufficient cause exists. Time limits may also be extended at any step upon mutual agreement of the parties. 11.7. Resolution may be agreed upon at any stage of the grievance process. However, the Local 501 will be notified prior to the resolution of any formal grievance matter. ARTICLE 12. PROBLEM SOLVING PROCEDURE 12.1. Employees may bring problems to the attention of D strictOC 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 means business days. 12.2. Step 1: An employee will submit his/her issue that is not subject to the Grievance Procedure in writing to his/her supervisor, or designee, within ten (10) days of the occurrence of the event giving rise to the complaint or within ten (10) days from the time that the employee became aware of such event. The supervisor, or designee, will review the situation or decision, and provide a written response within five (5) days from the date they were notified of the problem. 12.3. Step 2: If the problem is not resolved to the employee's satisfaction, a written statement concerning the problem may be filed with the employee's Division Manager or designee, within ten (10) days of receipt of the supervisor's decision. The employee raising the issue will be provided a written response from the Division Manager, or designee, within ten (10) days after their statement is received. 12.4. Step 3: If a problem is not settled under Step 1 or Step 2, it may be presented within ten (10) days to the Director of Human Resources, or designee, who, at their discretion, may form a Work Issues Committee, comprised of the employee's Department Director, or designee, another management representative and two (2) Local 501 representatives. The Work Issues Committee may convene to cooperatively review and develop recommendations for solution(s) to the problem. The Director of Human Resources, or designee, may utilize the committee's recommendation(s) to respond in writing to the employee within fifteen (15) days after the date the problem is received. 12.5. Time limits may be extended for cause upon mutual consent of the parties, and the decision of the Director of Human Resources, or designee, is final. ARTICLE 13. SALARY ADJUSTMENTS AND COMPENSATION 13.1. Merit Pav Step System 13.1.1. Each pay grade is divided into five (5) steps, with an approximate 5.0% difference between each step. 13.1.2. Pay increases will only apply to eligible employees in an active payroll status on the effective date of implementation. Eligible employees will not receive retroactivity if active payroll status becomes effective after the date of implementation. 13.2. Merit Pay Local 501 MOU July 1, 20224-9 to June 30, 20252 Page 9 13.2.1. Step Increase Pav — 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: 13.2.1.1. Eligible - Employees must have a proficient year-end performance appraisal to receive a one (1) step base -building salary increase until earning placement at step five (5). 13.2.1.2. Ineligible - Employees who are placed on a Performance Improvement Plan (PIP) due to a needs improvement performance review on the year-end appraisal or who are on a PIP at the time of the year-end appraisal period will remain at their current step until the PIP is satisfactorily completed. 13.2.1.3. Performance Management Program: The performance management program includes three (3) rating categories (exceeds, proficient, and needs improvement) for performance appraisals. 13.2.2. Development Pav — Employees under this Agreement will be eligible for Development Pay. Development Pay is a non -base building pay type that will be distributed in a lump - sum amount each pay period. Employees must have a proficient year-end performance appraisal to be eligible for the following Development Pay types: 13.2.2.1. Education — Eligible employees who have completed a degree of approved subjects at an accredited college or university will receive $25.00 per pay period for an associate degree and $50.00 per pay period for an undergraduate degree. The maximum amount of Education pay is fixed at $50.00 per pay period. 13.2.2.2. Certification/License — Eligible employees who obtain an Distr+cOC 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. 13.2.2.2.1. The overall maximum Development Pay for any combination of education, certification and/or licenses is fixed at $95.72 per pay period. 13.2.2.2.2. Grade V Pay — Employees who receive Grade V pay in accordance with the applicable B+stFiGtOC 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. 13.2.2.2.3. Employees who are placed on a PIP due to a needs improvement performance review on the year-end performance appraisal are not eligible for Development Pay until the PIP is satisfactorily completed. 13.2.2.2.4. Employees who are placed on a PIP due to needs improvement performance outside the year-end appraisal will have all Development Pay suspended until the PIP is satisfactorily completed. The return of Development Pay will not be retroactive. 13.3. Salary Range Adjustments Local 501 MOU 20252 Page 10 July 1, 20224-9 to June 30, 13.3.1. Effective the first pay period in July 20224-9, employees under this Agreement will receive salary range adjustments at a flat rate of 4_53-9%. 13.3.2. Effective the first pay period in July 20230, employees under this Agreement will receive salary range adjustments at a flat rate of 43.0%. 13.3.3. Effective the first pay period in July 20244, employees under this Agreement will receive salary range adjustments at a flat rate of 3.50%. 13.3.4. 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 $2000 one-time payment. ARTICLE 14. SEVERANCE PAY 14.1. F=R;plgyeeE; are eXpeGted to give a minimum of two (2) weeks writte.n netifir-,atie-R when terminal[ag employment with the Distrir+ Except for disciplinary cause or release from probation, when a full-time employee is terminated by action of the D:StFiG OC San, the employee will be notified in writing two (2) weeks prior to the effective separation date. In the event the Distr;GOC San does not give such notification, the employee will be entitled to severance pay in accordance with the formula set forth below: 14.1.1. Full-time, regular employees will be entitled to eight (8) hours pay for each full calendar month of continuous employment not to exceed one hundred sixty (160) hours pay. 14.1.2. Employees in limited term or part-time positions, probationary employees and employees who are separated for cause are not eligible for severance pay under any circumstances. ARTICLE 15. DEFERRED COMPENSATION 15.1. Employees may participate in the DistT;GtOC San approved deferred compensation plan subject to IRS requirements, and in accordance with all guidelines for voluntary participation established by Distr+EOC San management. 45.1.15.2. Effective the first full aav period in July 2022. emplovees covered by OCERS Plans Band U who participate in the deferred compensation plan, are eligible to receive up to $98 per month matching OC San contribution. Effective the first full pay period in July 2023, employees covered by OCERS Plans B and U who participate in the deferred compensation plan, are eligible to receive up to $168 per month matching OC San contribution. ARTICLE 16. HOLIDAYS 16.1. For the purpose of the metric OC San's business calendar, the days listed below are observed by the D+strictOC San as holidays. Employees who are assigned to eight (8), nine (9) or ten (10) hour shifts, Monday through Friday, will observe the holidays listed in Schedule A. Employees who are assigned to twelve (12) hour shifts will observe the holidays as listed in Schedule B. Employees shall receive holiday pay if their entire scheduled work shifts immediately preceding and following the holiday are in a paid payroll status, meaning the employee worked those shifts or utilized paid time off in lieu of working those shifts. When an employee's work schedule requires that they work on an observed holiday, the employee shall be paid at his/her regular rate of pay for the holiday, or receive an equivalent amount of Holiday Compensatory Time Off if requested by December 31 of the prior year on the Holiday Comp Cashout Form. Employees shall also receive premium pay at the rate of one and one half (1.5) times their regular hourly rate for all hours actually worked. Employees with a compensatory time off balance in excess of fifty (50) hours as of the last pay period ending in October will receive a mandatory payout for the hours that exceed fifty (50). Local 501 MOU 20252 Page 11 July 1, 20224-9 to June 30, SCHEDULE A HOLIDAY 202203 202434 202542 New Year's Day January 24 January 1 Ja n uaryno,��e� � .,��,, her 91 I i nnln's RirthdayMartin Luther Kin Jr. Da February 42Janua 176 F e -h r _,.a r y Januar 1562 F ""' rJanuary 20454 President's Day February 2047 February 195 February 1724 Memorial Day May 295 May 2734 May 26W Independence Day July 43 July 45 July 4 Labor Day September 47 September 26 September 15 Veteran's Day November 104 November 1144 November 11 Thanksgiving Day November 236 November 285 November 274 Day after Thanksgiving November 247 November 296 November 285 Day before Christmas December 254 December 243 December 243 Christmas December 265 December 254 December 256 Floating Holiday See 16.2 See 16.2 See 16.2 SCHEDULE B HOLIDAY 20230 20244 20252 New Year's Day January 1 January 1 January 1 { nlr'c RirthdayMartin Luther Kin Jr. Da February 42Janua 16 February 42Janua 15 February 4-2January 20 President's Day February 2047 February 195 February 1724 Memorial Day May 295 May 2734 May 2630 Independence Day July 4 July 4 July 4 Labor Day September 47 September 26 September 15 Veteran's Day November 11 November 11 November 11 Thanksgiving Day November 236 November 285 November 274 Day after Thanksgiving November 227 November 296 November 285 Day before Christmas December 244 December 24 December 24 Christmas December 255 December 25 December 25 Floating Holiday See 16.2 See 16.2 See 16.2 16.2. Floating Holiday: Employees will be granted may ^lent ^ ^ "` day dUF* g eaGh yeap 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 (0.25) 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% Local 501 MOU 20252 Page 12 July 1, 202240 to June 30, Hire Date Percent 4tn 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 forty (40) hours per 168-hour period, to be paid on a biweekly payroll basis of eighty (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), five 8-hour days each workweek (10/80), four 10-hour days each workweek (8/80), or three 12-hour days and one 4-hour day each workweek (7/80). The starting and ending times of employees' workweeks may vary but will be subject to a bid agreement based on seniority. The regular hours of work for each shift will be consecutive and will be posted. Current practices regarding hours of work for Maintenance personnel and meals for Operations personnel will continue. The regular hours of work for each shift will be consecutive, divided only by normal breaks or rest periods. Work schedule and shift start and stop times will not be adjusted to avoid payment of overtime. 17.2. The D;StFiG OC San may, in accordance with Article 6 — B+strieOC San Rights, change an employee's work schedule and/or work location with a thirty (30) day written notice to the affected employee. The change will not be made as a disciplinary action or to avoid payment of overtime. The thirty (30) day written notice will not apply to shift changes pursuant to Article 49. 17.3. The last fifteen (15) minutes of an Employee's work shift will be designated as their cleanup period. If the employee's work shift is extended, the fifteen (15) minute cleanup period shall occur at the end of the extended period. Employees may not avoid the cleanup period and end their shift before its scheduled ending time. 17.4. Employees will receive paid rest periods not to exceed ten (10) minutes no more than twice in an eight (8), nine (9) or ten (10) hour shift or three (3) times for a shift of more than ten (10) hours. Each shift will contain a minimum thirty (30) minute meal period for every six (6) hours of work. Meal and rest periods may not be avoided or accrued for the purpose of obtaining time off or shortening the regular shift. If an employee reports to work as scheduled and was not notified that his/her hours had been changed, he/she will receive two (2) hours pay at the overtime rate. 17.3.1.17.4.1. When employees from the Collections Division are assigned to line cleaning (gravity crew) as part of a road crew and actively working an assignment, the supervisor maV authorize a Paid thirty (30) minute meal period, understanding employees may be required to perform work and work through lunch as necessary. 17.4.17.5. Operations 47..4:417.5.1. For purposes of this Article, the day shift is defined as an assigned work shift of at least seven (7) consecutive hours, between 0600 hours and 1800 hours. The night shift is defined as an assigned work shift of at least seven (7) consecutive hours, between 1800 and 0600 hours. 17�2.17.5.2. Any employee who declares that an individual hardship exists should submit a request, to be excluded from the twelve (12) hour workweek, to the Human Resources Department. Human Resources will determine if there is a valid employee hardship, on a case -by -case basis, and notify the Local 501 representative of the decision. Local 501 MOU 20252 Page 13 July 1, 202249 to June 30, 17.6. Maintenance 17.6.1. Maintenance: Except where otherwise provided below, the official workweek for full-time represented personnel in Maintenance will be forty (40) hours per week. The workweek will consist of a four (4) consecutive day work schedule with ten (10) consecutive daily hours in a workday with a one-half ('/2) hour unpaid lunch. 1'�.17.6.1.1. The workday will be 6:00 a.m. to 4:30 p.m. The workweek will begin on a Monday or a Tuesday and end on the corresponding Thursday or Friday. All hours greater than 40- hours in an individual's assigned workweek will be considered overtime and paid at one and one-half (1.5) times the regular rate of pay. 17.6.1.2. Disputes over days off will be handled on the basis of seniority except when the DistriGOC San can demonstrate a business necessity. 17.6.2. Co -Generation: For purposes of this Article, the day shift is defined as an assigned work shift of at least seven (7) consecutive hours, between 10:00 a.m. and 10:00 p.m., which is inclusive of the Passdown period. The night shift is defined as an assigned work shift of at least seven (7) consecutive hours, between 10:00 p.m. and 10:00 a.m., which is inclusive of the Passdown period. In exigent circumstances where an employee is required to be present outside of the regular shift, overtime may be authorized by management. 17.7. Any employee who declares that individual hardship exists based on their assigned schedule, should submit a request to the Human Resources Department. Human Resources will determine if there is a valid employee hardship, on a case -by -case basis, and notify the Local 501 representative of the decision. ARTICLE 18. CALL-BACK PAY 18.1. When an employee is called back to work by Oistrie40C San management without prior notice, and the employee has completed his/her normal work shift and left the work station; when prior notice is given but the work begins on the same day at least three (3) hours after completion of the regular shift; or when an employee assigned to standby is actually called to work, the employee will receive a minimum of three (3) hours of call back pay. The three (3) hour minimum, whether or not actually worked, will be paid at the rate of one and one half (1.5) times the regular hourly rate. 18.2. The call back period shall begin when the standby employee has been informed by the D;striGtOC San to return to work. The call back period shall end when either the employee arrives at his or her residence or the original destination; in either case, the employee must inform the Distr;GOC San upon arrival. 18.3. If the call back period has ended and the employee is called back to work (whether within or outside of the 3-hour minimum timeframe), a new call back period will be started and the employee will be eligible for at least the 3-hour minimum call back pay. Local 501 MOU 20252 Page 14 July 1, 20224-9 to June 30, 18.4. If the call back period has not ended and the employee is called back to work (whether within or outside of the 3-hour minimum timeframe), the call back period and associated pay will continue but the employee will not be eligible for another 3-hour minimum call back pay. 18.5. Call back pay is applied per call back and not per work assignment or work order. 18.6. Call back work performed by employees on standby assignments is intended for activities that are imperative and not routine in nature, as determined by the applicable on -duty Operations Supervisor or designee. 18.6.1. In some instances, if call back work can be postponed for several hours, the Operations Supervisor or designee will do so as a courtesy to the employee and to allow for the work to be performed during daylight or day shift. For instance, a breakdown occurs at 3:00 a.m. but work can be postponed a few hours so the standby employee can be called in at 6:00 a.m. ARTICLE 19. STANDBY PAY 19.1. Treatment Plant: 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. Each plant maintenance craft may create a standby list of a minimum of three (3) employees. Standby lists shall first be populated by volunteers. If, after allowing for volunteers, the standby list still does not meet the three (3) employee minimum, OC SanS&D shall populate the remaining vacant slots of the standby list by means of reverse seniority within the division. Employees who volunteer or are mandated to be on the standby list shall be competent, experienced, journey level employees. Employees who are on their initial probation shall not -be eligible for standby the first day of the pay period followinga4er six (6) months of employment without a break in service. 19.1.1. Each craft may create additional standby lists if anticipated work requires a specific skill set that may not be readily available on the existing standby list. If additional standby lists are required, affected employees will be notified. 19.2. Collections System: Standby is time during which an employee is not required to be at the work location or at the employee's residence but is required to be available for immediate return to work. The standby list for the Collections division will contain a minimum of six (6) employees; three (3) employees for primary standby and three (3) employees for secondary standby. The standby list shall first be populated by volunteers. If, after allowing for volunteers, the standby list still does not meet the six (6) employee minimum, OC SanO shall populate the remaining vacant slots of the standby list by means of reverse seniority within the division. Employees who volunteer or are mandated to be on the standby list shall be competent and experienced, having one (1) of the following: a. at least eighteen (18) months of experience within the Collection Division, and be at a Mechanic job classification level; or b. at least four (4) years of experience within the Collections Division. 19.2.1. Employees who are on their initial probation shall robe eligible for standby a#terthe first day of the pay period following six (6) months of employment without a break in service. 19.3. Employees shall not complete more than two (2) consecutive weeks of standby without a seven (7) day break between standby assignments. 19.4. Employees on standby will be compensated at the rate of $5590 per week. 19.4.1. Employees whose standbV assignment include an OC San recognized HolidaV will be compensated with two (2) hours of straight time pay. 4-9�..19.5. Special Risk Standbv: In the event of a "special risk." (e.a.. based on seismic. weather. hiah-flow and/or high impact events), the Director of Operations & Maintenance or his/her designee may Local 501 MOU July 1, 20224-9 to June 30, 20252 Page 15 designate specific additional classifications to be on "Special Risk" standby. Employees on Special Risk standby will be compensated on a pro -rated, daily basis, $78.57 for each day on Special Risk standby. ARTICLE 20. INSURANCE 20.1. The DiStFiG OC 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 D;StFiG OC 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: 20.4.1. The DiStT;otOC San will contribute 90% of employee only premiums for the HMO medical health plans and 80% of employee only premiums for the PPO medical health plan. T#e DiStFiG OC San will contribute 80% for employee +1 dependent and full family premiums for the HMO or PPO medical plans. Any change in insurance rates will be shared equally in same ratio as the D;StriotOC San and employees currently pay premiums. Before the renewal of any Dis#+istOC San's sponsored health insurance plan, the parties agree to meet and confer as to changes in the plan. 20.4.2. The HDHP will be accompanied by a Health Savings Account (HSA) to pay for qualified medical expenses. OC_SanD 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 DistriGtOC 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 Dtst+iGtOC San's aforementioned annual premium cost savings. 20.4.3. The D;StriGOC 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 D;etFiotOC San unless such change is either (1) mandated by the ACA or, (2) mutually agreed upon by the parties. 20.5. Group Insurance Premiums 20.5.1. Group insurance premiums that are paid by salary redirection can be made on a pre-tax basis. 20.6. Life Insurance 20.6.1. The D;etristOC San will pay the full premium for $50,000 term life insurance on each employee. 20.7. Short Term Disability 20.7.1. The D;etr;GOC San will provide a non -work related, short-term disability indemnity plan that provides benefits for employees equal to California's State Disability Insurance (SDI) program for up to twenty-six (26) weeks following a fourteen (14) calendar day waiting period. Local 501 MOU 20252 Page 16 July 1, 20221-9 to June 30, 20.8. Long Term Disability 20.8.1. The D;StFiG OC 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, up to age 65, following a 90-day waiting period of continuous disability, at such time that an employee completes five (5) years of service. 20.8.2. For participants age 64 and younger, the maximum period of payment is based on the Social Security Act retirement age of 65. For participants age 65 and older, the maximum period of payment is specified. The specified periods and additional information about coverage is included in the DistriG OC San's long-term disability plan contract accession on the intranet. 20.8.3. No combination of disability or sick leave pay will result in more than an employee's regular rate of pay. Employees may not receive short-term and long-term disability benefits at the same time. An employee who is otherwise not eligible for DiOC San paid Long Term Disability may purchase such coverage at his or her own expense. 20.9. Dental Insurance 20.9.1. The Dostrr�.costri^++sic OC San will contribute 80% of employee only and 80% of full family premiums for dental insurance. 20.10. Vision Insurance 20.10.1. The Districcistri^+tric OC San will provide a vision insurance plan for regular, full-time employees and eligible dependents. 20.11. Retiring Employees 20.11.1. The D;StriotOC 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 D;StriGOC San's medical plan. 20.11.2. In the event the DiStFiG OC San adds additional optional insurance plans, the DistriGtOC San's share of the premium will be the same as for existing plans as set forth above. In the event the n s+ric OC San changes underwriters for existing insurance plans, the DistrictOC San's share of the premium will be the same as for existing insurance plans as set forth above. 20.11.3. The Distrr�.cistri^+tric OC San will continue to implement the retiree medical health premium offset program wherein the cost of health premiums are offset by ten dollars ($10) per month for every full year of continuous service up to a maximum of 25 years or two hundred fifty dollars ($250) per month. 20.3.20.11.4. Continuous service is calculated based on benefitted employment. Time as an intern or in non-benefitted status shall not count toward continuous service. 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. Local 501 MOU 20252 Page 17 July 1, 20221-9 to June 30, 21.2. Medical Care Reimbursement Account 21.2.1. The purpose of this account is to provide a method through which the employee can accumulate pre-tax funds in a Medical Care Reimbursement Account for purposes of reimbursing himself/herself for payment of health care costs not otherwise covered by his/her medical insurance. 21.3. Dependent Care Assistance Account 21.3.1. The purpose of this account is to provide a method through which the employee can accumulate pre-tax funds in a Dependent Care Assistance Account for purposes of reimbursing himself/herself for childcare expenses or day care for a disabled dependent. ARTICLE 22. OVERTIME 22.1. Employees will be notified as soon as practicable after the-D;etFiGtOC San decides upon the need for overtime or additional work. The Dmstro^+OC San may require the performance of overtime. In the event no qualified employee wishes to work overtime, DistrintOC San's management may select employees with the ability to perform the work by inverse seniority. BMOC San managers will attempt to evenly distribute overtime among employees based upon an employee's ability to perform the overtime work. For the purposes of overtime calculation, all time charged to unscheduled leave will not be counted as time worked. Pay for overtime will not occur until after work time (which includes scheduled leave) of forty (40) hours in a seven (7) day workweek is reached. ARTICLE 23. PROBATIONARY PERIOD 23.1. All new employees and employees who are reassigned or laterally transferred serve an initial probationary period beginning with the date of hire, reassignment or transfer and extending to at least the first day of the pay period following sk-one-year () MGRths of employment without a break in service. Extended absence without pay, short-term and long-term disability and Workers' Compensation leave does not provide an opportunity to judge an employee's capability to meet performance expectations for a position, and thus the time spent on such leaves will not be included towards completion of the probationary period and may result in an extension. 23.2. All new employees who are hired in apprenticeship and/or trainee positions shall serve an initial probationary period beginning with the date of hire and extending to at least the first day of the pay period following the complete period of training for the position, without a break in service. Extended absence without pay, short-term and long-term disability and Workers' Compensation leave does not provide an opportunity to judge an employee's capability to meet performance expectations for a position, and thus the time spent on such leaves will not be included towards completion of the probationary period and may result in an extension. 23.3. Employees who are rehired following a break in service must complete a new probationary period whether or not one was previously completed. 23.4. 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. 23.3.23.5. An employee may be released during his/her initial pProbationary p-Period at the discretion of the nos+r,c+OC San without recourse to the Grievance, -or -Discipline or Appeal Procedure i.e. a-n employee is "at -will" during his/her initial Probationary Period). Frobatienar)LEemployees within the initial probationary period do not have any property rights in their job during probation and may be separated with or without cause. Local 501 MOU 20252 Page 18 July 1, 202249 to June 30, ARTICLE 24. PROMOTIONS 24.1. A promotion is the appointment of an employee to another classification with a higher maximum rate of pay. OC San will determine whether a vacant position will be filled as an open or promotional opportunity or recruitment. Whenever OC San intends to fill a position by promotion, OC San will post the opportunity for a minimum often (10) business days. Employees must apply during the period of posting. Notices will be posted on OC San's intranet. If the promotion is for a classification that is subject to Department of Transportation requirements, the employee selected for promotion must successfully complete alcohol and controlled substances testing in order to be promoted. 24.2. A promoted employee will serve a promotional probationary period lasting at least until the first day of the pay period six (6) months after the effective date of the promotion. At any time during the promotional probationary period, an employee may be returned to his/her previous position. If the employee does not pass the probationary period, the metric OC San shall return the employee to his or her previous position or an equivalent position. The promotional probation period may be extended by mutual agreement between the employee and DistrictOC San's management for up to ninety (90) days. If an employee is promoted during his/her initial probationary period, the period will be extended until at least the first day of the pay period six (6) months after the effective date of the promotion. 24.3. Promoted employees will receive the equivalent of a one (1) step increase in pay, not to exceed the top of the range for the new classification or the minimum rate of the new classification whichever is greater. ARTICLE 25. RETIREMENT 25.1. The D;etrictOC San will continue participation in the Orange County Employees Retirement System (OCERS), wherein all full-time employees are considered members. The following retirement program is in effect pursuant to the contract between OCERS and the D;etFictOC San. 25.1-2.25.1.1. Employees hired on or after September 21, 1979 and before July 1, 2011: The Di6tFiGtOC 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-._. .25.1.1.1. The Distric OC San will continue to pay 3.5% of an eligible employee's base salary towards the employee's contributions to OCERS. 25.1.3.25.1.2. Employees hired on or after July 1, 2011 and before January 1, 2013: The Di&triGtOC 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. 25.1.3.1.25.1.2.1. The D;etFiGOC San will pay 0% of an eligible employee's base salary towards the employee's contributions to OCERS. 25.1.4.25.1.3. Employees hired on or after January 1, 2013: The Dmstroc OC 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_� 1.4.1.25.1.3.1. The D;etFiGOC San will pay 0% of an eligible employee's base salary towards the employee's contribution to OCERS. Local 501 MOU 20252 Page 19 July 1, 20221-9 to June 30, 25.1.5.25.1.4. All monies actually contributed into the retirement system by an employee will be deducted from gross salary for taxation purposes in accordance with Internal Revenue Code provisions. ARTICLE 26. SHIFT DIFFERENTIAL 26.1. Employees who are assigned to work a night shift that consists of fifty percent (50%) or more of the hours between 6:00 p.m. and 6:00 a.m. and who actually work that shift will receive a shift differential of $3.00 per hour. ARTICLE 27. LEAVE -OF -ABSENCE WITH PAY 27.1. Personal Leave 27.1.1. Personal leave is provided to allow employees time off with pay for vacation, personal business and illness or injury. Personal leave is accrued by full-time employees for all paid hours, including hours actually worked and hours in a paid -leave payroll status, on a biweekly basis as follows: Years of Service Hours- Biweekly Hours - Annual In years 0 through 1 3.08 80 In years 2 through 4 5.38 140 In years 5 through 10 6.92 180 In year 11 7.23 188 In year 12 7.54 196 In year 13 7.85 204 In year 14 8.15 212 In year 15 8.46 220 In year 16 8.69 226 In year 17 8.92 232 In year 18 9.15 238 In year 19 9.38 244 In year 20 and over 9.62 250 27.1.2. When unpaid absences occur, personal leave accruals will be applied by straight proration of leave accruals based on the number of hours actually worked, and is applicable to all types of leave, whether legally protected or not. 27.2. Scheduled Time Off 27.2.1. Management will make reasonable effort, considering the operational needs of the o;St, iGOC San, to accommodate all employee requests for time off. Scheduled time off should normally be requested at least two (2) weeks in advance to increase the likelihood of those dates being approved. 27.2.2. Employees with at least one (1) year's service must request and take at least forty (40) hours off each year. 27.2.3. Supervisor absences will not affect an employee's ability to schedule time off unless the time off request is submitted within two (2) weeks of the date requested. 27.2.4. Requests for time off that are submitted beyond six (6) months shall not be approved unless the request is for at least one (1) week in duration. These requests shall be approved based on seniority. Requests for time off that are less than one (1) week in duration must be submitted within six (6) months of the date requested. Time off requests that are submitted Local 501 MOU July 1, 20224-9 to June 30, 20252 Page 20 within six (6) months shall be approved on a first -come, first -serve basis based on staffing requirements. Excessive single or partial day requests for time off may be cause for denial if the absence(s) is found to negatively impact the effectiveness of work teams, scheduling of work, training, and the ability to take multiple days off by other staff. 27.2.5. Full -day time off requests with less than twenty-three (23) hours' notice shall be considered unscheduled. All other time off requests, including partial day time off requests, must be requested in accordance with the provisions of this Article and may be considered scheduled at management's discretion based on business needs. 27.3. Unscheduled Time Off 27.3.1. Personal leave provides income protection to an employee unable to work due to illness, injury or pregnancy, caring for an ill or injured member of his/her immediate family or other personal emergency. Unscheduled time off must be accounted for by completion of an Unscheduled Time Off Report upon the employee's return to work. It is the responsibility of 9istrictOC San's management to control the potential abuse of unscheduled time off privileges. Tardiness less than fifteen (15) minutes will not be deducted from the employees pay, but numerous occurrences will be addressed through the progressive discipline procedures. Employees who are more than fifteen (15) minutes tardy to work must use accrued time off to offset the time away from work. Tardiness of more than fifteen (15) minutes may be considered unscheduled time off based on excessive occurrences. 27.3.2. Employees must notify their supervisor prior to the start time of their shift when they are unable to report to work. Any absence that is requested within twenty-three (23) hours of the start of an employee's work schedule, excluding protected leaves of absence and bereavement leave, shall be considered unscheduled time off. 27.3.2.1. Employees who fail to provide anv notice to their supervisor and fail to resort 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 fob and shall be subject to discipline up to and including termination. 27�227.3.3. An employee's attendance record will be reviewed with an employee after five (5) separate occurrences of unscheduled time off to provide an opportunity to assess problems that could potentially lead to disciplinary action. The accumulation of the sixth (6th) and seventh (7th) occurrence within a twelve (12) month period will result in a verbal warning. The eighth (8th) occurrence will result in a written warning. Employees who are charged with ten (10) occurrences of unscheduled time off within a calendar twelve (12) month period will be subject to termination. A rolling (12) month calendar period will be utilized to measure absence occurrences. A "rolling" twelve (12) month calendar period is measured backward from the date the employee uses the leave. Absences of multiple consecutive days involving the same injury or illness will be considered a single occurrence. The Distric OC San also has the right to discipline employees on the basis of total absences away from work. 27�3.27.3.4. Employees returning from an extended leave should notify their supervisor as soon as possible to facilitate personnel scheduling. 27..3.427.3.5. The employee may be required, at any time, to furnish a certificate issued by a licensed physician or nurse, or other satisfactory evidence of illness; however, for unscheduled absences of ten (10) consecutive days or more, a request for leave and a medical statement, on prescribed forms, stating expected date of return must be submitted to Human Resources. For absences of one (1) or more working days in an unpaid status, a request for leave and a medical statement on prescribed forms, stating expected date of return must be submitted to Human Resources. Local 501 MOU 20252 Page 21 July 1, 20221-9 to June 30, 27.4. Personal Leave and Workers' Compensation Leave 27.4.1. Employees who are injured in the course of their employment are placed on Workers' Compensation Leave, and receive wage loss benefits to which they are entitled under the Workers' Compensation Act. Employees may request to receive prorated Personal Leave pay to supplement their Workers' Compensation payments in an amount such that the sum of both is equal to the employee's regular base pay. 27.5. Personal Leave Payoff 27.5.1. Employees who terminate, retire or decease will be paid in full at their current rate of pay for all Personal Leave hours accrued. 27.6. Maximum Accrual 27.6.1. Employees may have a maximum accumulation of four hundred forty (440) hours of personal leave as of the last day of the final pay period in December of each year. In the event an employee accrues personal leave in excess of four hundred forty (440) hours, it must be used prior to said December date. All other remaining hours in excess of four hundred forty (440) will be paid to the employee in the first pay period in January at the employee's then current hourly rate of compensation. 27.7. Sick Leave Bank 27.7.1. Employees who elected to bank sick leave accrued prior to the implementation of Personal Leave provisions may elect to use such time off for absence due to a bona fide illness, injury or pregnancy; to attend to the illness or injury of an immediate family member; or, for an employee who is a victim of domestic violence, sexual assault, or stalking, for the purposes described in Labor Code sections 230(c) and 230.1(a). Employees who retire or decease will be paid at the fifty percent (50%) rate for all banked sick leave hours; an employee who terminates will be compensated for banked sick leave as follows: Banked Sick Leave Hours Rate of Payoff 0 — 100 0 percent 101 — 240 25 percent 241 — 560 35 percent Over 560 50 percent 27.7.2. If the need for leave is due to the employee's own serious health condition, as defined in the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA), the certification requirement will comply with the provisions of these Acts. 27.8. Jury Duty Leave 27.8.1. Any full-time employee, including probationary, who is called for jury duty shall be entitled to his or her regular pay for those hours of absence due to performance of jury duty for a period up to twenty-two (22) working days. 27.8.2. Prior to jury duty service, each employee must complete a time off request through the B+stFiG OC San's timesheet system and provide a copy of the summons to his or her supervisor. 27.8.3. Employees who work other than the day shift who are called for jury duty will be considered on day shift for the duration of their jury service for purposes of this provision. If a portion of that shift should fall on a weekend or other day the employee is not required to be present in court, the employee will be expected to work. Local 501 MOU 20252 Page 22 July 1, 20221-9 to June 30, 27.8.4. A copy of the jury notice must be provided to the employee's supervisor. Employees must report for work during their regularly scheduled work shift when they are relieved from jury duty, unless there is less than one-half ('/2) of their regular shift remaining. 27.9. Witness Leave 27.9.1. Any full-time, including probationary, employee, who is required to be absent from work by a subpoena properly issued by a court, agency or commission legally empowered to subpoena witnesses, which subpoena compels his/her presence as a witness, except in a 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 to the time necessary to comply with such subpoena, provided any fees received for such service, exclusive of mileage, are submitted to the o;etFiGOC San for deposit in the General Fund of the o;etriGOC San. 27.9.2. An employee so subpoenaed must submit a copy of the subpoena to his/her supervisor and complete an online time off request form in order to be eligible for pay for such absence. To be entitled to receive regular pay for such witness leave, the employee must report for work at4he Distric OC 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. 27.10. Military Leave 27.10.1. A request for military leave will be made upon leave -of -absence forms approved by the Human Resources Department and will state the date when it is desired to begin the leave - of -absence and the date of anticipated return. A copy of the orders requiring such military service will be submitted with the request. 27.10.2. Provisions of the Military and Veterans Code of the State of California, Sections 395- 395.5 will govern military leave. In general, current law provides that an employee having one (1) year or more service with a public entity is entitled to military leave with pay not exceeding thirty (30) days per year if the employee is engaged in military duty ordered for purposes of active military training or encampment. An employee who is required to attend scheduled service drill periods or perform other inactive duty reserve obligations is entitled to military leave without pay, not exceeding seventeen (17) calendar days per year, although the employee may, at his or her option, elect to use accrued leave time to attend the scheduled reserve drill periods or to perform other inactive drill period obligations. Employees who participate in weekend military drill duty are not eligible for leave with pay for such activity, but may have their regular work schedule changed to accommodate the required time off. 27.11. Bereavement Leave 27.11.1. Any full-time employee, whether probationary or regular, will receive a maximum of thirty- six (36) hours of paid time for the death or funeral of an immediate family member. Bereavement leave shall be used within six (6) months of the death of the immediate family member. Immediate family member is defined as the employee's father, step -father, father- in-law, mother, step -mother, mother-in-law, brother, step -brother, sister, step -sister, husband, wife, domestic partner, biological child, adopted child, step -child, child of a domestic partner, grandchild, grandparent, foster parent, foster child, legal guardian, or any family 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 DiStFiGtOC 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. Local 501 MOU 20252 Page 23 July 1, 20224-9 to June 30, ARTICLE 28. LEAVE -OF -ABSENCE WITHOUT PAY 28.1. It is the policy of the n s+rictOC 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 B+str+eOC 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�28.3. Substitution of Paid Leave 28.2.1.28.3.1. 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. Paid time off will not accrue during any pay period that an employee is absent without pay for more than one (1) day. 28.2.2.28.3.2. Personal leave accruals may be used for the care of the employee's father, step- father, father-in-law, mother, step -mother, mother-in-law, brother, step -brother, sister, step- sister, husband, wife, domestic partner, biological child, adopted child, step -child, foster child, legal ward, child of a domestic partner, grandchild, grandparent, foster parent, legal guardian, or any family member with whom the employee resides. 28�28.4. Permissible Uses 28.3.1.28.4.1. FMLA Leave. FMLA Leave may be used for: 'R�.28.4.1.1. The birth of a child or to care for a newborn of an employee; 'R�.�28.4.1.2. The placement of a child with an employee in connection with the adoption or foster care of a child; 28.3.1.3.28.4.1.3. The care for the employee's father, step -father, father-in-law, mother, step -mother, mother-in-law, brother, step -brother, sister, step -sister, husband, wife, registered domestic partner, biological child, adopted child, step -child, foster child, legal ward, child of a domestic partner, grandchild, grandparent, foster parent, legal guardian, or any family member with whom the employee resides who has a serious health condition, as defined in the Act; 'R�4.28.4.1.4. 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; 2RCS 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; Local 501 MOU 20252 Page 24 July 1, 20224-9 to June 30, 28.3. .6.28.4.1.6. The care for the employee's family member or "next of kin" service member of the United States Armed Forces who has a serious injury or illness incurred in the line of duty while on active military duty. This leave may consist of up to twenty-six (26) weeks of unpaid leave during a single 12-month period. 28.3.2.28.4.2. CFRA Leave. CFRA Leave may be used for: 28=0 3.2.1 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=0 3:=..28.4.2.2. CFRA Leave may not be used for 1) an employee's incapacity due to pregnancy, or 2) leave due to qualifying ex:genGY, E)r34-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. 28.4.28.5. General Provisions 28.4.1.28.5.1. Requests for FMLA and CFRA Leave 28=o ^�.28.5.1.1. Where the need for Leave is foreseeable, the-D;StFiGOC San requests thirty (30) days' advance notice. 28.4-2.28.5.2. Medical Certification 28=o 4.2. .28.5.2.1. Asa condition of FMLA and/or CFRA Leave because of a serious health condition, the DiGtFiGOC San may require certification by the employee's attending physician in accordance with the Department of Labor (DOL) regulations. 28:43.28.5.3. Medical and Dental Premiums 28.4.3.1.28.5.3.1. During FMLA and/or CFRA Leave, the GtOC 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. 28.4.4.28.5.4. Reinstatement 28.4.4.1.28.5.4.1. 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 D;StFiGtOC San's obligation to continue health and dental or other benefits will cease. 28.4.5.28.5.5. Ois:tric4OC San Employment of Spouses/Domestic Partners 28.4�.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. 28.4.6.28.5.6. General Leave Local 501 MOU 20252 Page 25 July 1, 202249 to June 30, 28.4�.28.5.6.1. Employees who have exhausted all paid time off accruals may request to be granted a general leave -of -absence by DiStFiG OC San management to attend to personal matters or for FMLA and/or CFRA qualifying events after the expirations of previously authorized leave. 28=o 4.6.=28.5.6.2. During a general leave -of -absence, the employee will be required to pay both o; r;r_,tOC San's and the employee's share of medical and dental premiums. 28=0 4.6.3.28.5.6.3. 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�7.28.5.7. Return to Work Policy 28.4.7.1.28.5.7.1. An employee who has been absent from work due to a medical reason may be subject to a Return -to -Work medical evaluation. 28.4T�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. 28.47.3.28.5.7.3. 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. 28:48.28.5.8. Bridge of Service 28.4�.28.5.8.1. If an employee is dismissed per Section 28.5.7.3 and then is rehired to a position within the DiStriGOC San within one (1) year, the DistriGOC 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�9.28.5.9. Failure to Return to Work 28.4.9.1.28.5.9.1. If, upon the expiration of FMLA and/or CFRA Leave, or any DiGtFiGtOC 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 cases, the employee will receive advance notification of the D;StFiG OC San's intent to implement an automatic resignation. 28.4.10.28.5.10. Comoliance with Law 28.4.10.1 .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 Local 501 MOU 20252 Page 26 July 1, 20221-9 to June 30, laws. In the event there is a direct conflict between these provisions, as written or applied, the provisions of law will govern. ARTICLE 29. CLASSIFICATION STUDIES 29.1. An employee who believes his/her position is not properly classified may submit a written request to the Department Director asking that a classification study be conducted. The Department Director will acknowledge the request in writing and review the request for accuracy, and forward it to the Director of Human Resources, or designee, for consideration and response. Classification studies will only be conducted twice a year in November and during the budget process; therefore, classification study requests shall be submitted October 1st for the November review and according to the Finance budget schedule. D strictOC 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 are final and not subject to the appeal, problem -solving or grievance process. 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 the GOC 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 by the Board of Directors prior to implementation. In such event, the recommendations will be implemented in the first pay period immediately following authorization by the Board. 29.2. Y-Rating 29.2.1. In the event the duties and responsibilities of a position are allocated to a lower paid classification, the salary of the incumbent of that position will remain unchanged. 29.2.2. Y-rating will be granted for all reclassifications where employees are working in a job classification with a lower maximum rate of pay. 29.2.3. The Y-rate will remain in effect until the salary range for the new classification equals or exceeds the employee's Y-rated salary. Employees become eligible for merit increases and range adjustments when the Y-rate is no longer in effect. 29.2.4. Career Change — Operator -in -Training: Y-rating will occur when an existing employee is selected as a candidate for an Operator -in -Training classification when the employee's hourly rate is higher than the applicable hourly rate for the Operator -in -Training classification. The Y-rating shall begin with the effective date of the new classification and continue for eighteen (18) months. The employee must obtain a Grade I Plant Operator certificate within this eighteen (18) month period. The employee will serve a probationary period for the first six (6) months of this eighteen (18) month period. If the employee does not obtain a Grade I Plant Operator certificate or does not pass probation, the employee will be returned to his/her prior position or an equivalent position. 29.2.5. Career Change — Power Plant Operator I: Y-rating will occur when an existing employee is selected as a candidate for a Power Plant Operator I classification when the employee's hourly rate is higher than the applicable hourly rate for the Power Plant Operator I classification. The Y-rating shall begin with the effective date of the new classification and continue for twenty-four (24) months. The employee will serve a probationary period for the first six (6) months of this twenty-four (24) month period. If the employee does not pass probation, the employee will be returned to his/her prior position or an equivalent position. Local 501 MOU 20252 Page 27 July 1, 20221-9 to June 30, 29.3. Reopener: OC San and Local 501 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 DiStriGOC 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 thus unable to perform his/her regular duties and responsibilities notifies the D;stFiG OC 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 Distr+stOC San's management discretion. 30.3. The D;StrietOC San will continue to pay the license renewals and physical examination costs of Class A & B licenses that are specifically required by the DiGtr;GOC San. ARTICLE 31. LAYOFF PROCEDURE 31.1. Nothing herein will be construed to require the n s+ric OC San to fill vacant, budgeted positions nor to prohibit +he D4StF'GtOC San from eliminating vacant positions from the budget. The D;etrietOC San reserves the right to reassign staff to other positions in instances involving job restructuring, reorganization or due to lack of work. 31.2. If, in the sole discretion of iOC 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. Local 501 and employees subject to layoff will be provided with at least two (2) weeks notification in writing whenever possible. 31.3. Employees in classifications subject to layoff may request a voluntary demotion to any previously held position for which they remain qualified. Such request must be made in writing to the Human Resources Department within five (5) days of receipt of the Layoff Notice. The salary of an employee who voluntarily demotes will be unchanged, except that it may not exceed the top of the range for the lower level classification. 31.4. Recall lists will be developed for all classifications experiencing personnel reductions, and will be maintained for a period of two (2) years from the date of layoff. Individuals will be placed on the list in the inverse order of layoff, so that the last person laid off is the first recalled. When a vacancy occurs in a classification for which a Recall list exists, an offer of reemployment will be made to the individual on the top of the list. That individual must respond to the offer within five (5) days, or the offer will be made to the next person on the list. An individual who either does not respond or refuses three (3) consecutive offers will have his/her name removed from the list. 31.5. All notification and responses must be in writing and delivered either in person or by Certified Mail. It is the responsibility of all employees to keep the Human Resources Department informed of their current address, or where they may be contacted. 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-D;etriGtOC San. Light duty may consist Local 501 MOU 20252 Page 28 July 1, 20221-9 to June 30, 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 GOC 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 DlStFiG OC San's time and at DistrictOC San's expense. An employee may submit an independent medical opinion regarding his/her condition and addressing his/her ability to competently perform the duties of the position. This information will be reviewed and considered by a competent medical authority in arriving at a decision regarding the individual's continued employment in the position. ARTICLE 34. MILEAGE ALLOWANCE 34.1. Approved use of a personal vehicle for Disfr+eOC San business will be reimbursed at the current IRS rate. ARTICLE 35. ACTING PAY 35.1. Employees who are assigned by DiStFiGtOC San's management to perform the duties of a budgeted position at a higher level for a period of at least forty (40) consecutive hours in a pay period will be eligible fora one (1) step salary increase, or the first step of the range for the higher level classification, whichever is greater. The higher rate of pay begins with hour forty-one (41) and continues until the assignment ends or the six (6) month limitation has been reached at which time a determination will be made as to whether the position should or should not be posted. Requests for acting pay require the pre -approval of the employee's Department Director and the Director of Human Resources, or designee(s). The forty (40) hour eligibility period may be waived at the discretion of the General Manager. 35.2. Substitution Pay 35.2.1. Employees in the Operations and Maintenance Departments who are assigned by DiStFietOC San's management to perform the duties of an absent Supervisor shall be eligible for Substitution Pay which shall begin with the first hour of assignment. 35.3. Operations 35.3.1. If a Lead Plant Operator or Senior Plant Operator is assigned to perform the work of an Operations Supervisor because of the absence of the regularly assigned Operations Supervisor and the unavailability of an alternate Operations Supervisor for an entire shift, the Lead Plant Operator or Senior Plant Operator will be paid equal to a one (1) step salary increase or the first step of the Operations Supervisor pay range, whichever is greater. 35.4. Maintenance 35.4.1. If an employee in any of the "Lead" classifications is assigned to perform the work of a Maintenance Supervisor because of the absence of the regularly assigned Maintenance Supervisor and the unavailability of an alternate Maintenance Supervisor for a period of at least two (2) weeks, the "Lead" worker will be paid equal to a one (1) step salary increase or the first step of the Maintenance Supervisor pay range, whichever is greater. Local 501 MOU 20252 Page 29 July 1, 20224-9 to June 30, ARTICLE 36. PERFORMANCE REVIEWS (This Article intentionally left blank. Information related to performance reviews is included in Article 13.) ARTICLE 37. PERSONNEL FILES 37.1. Employees have the right to inspect their Personnel File in the Human Resources Department during the normal office hours of the Human Resources Department by appointment. Employees who wish to correct allegedly erroneous information in their file, or request that items related to disciplinary matters be removed after the indicated time period has elapsed, should submit a request in writing to the Director of Human Resources, or designee. It is the responsibility of each employee to keep the personal information in his/her file current, including home address, telephone number and person to contact in an emergency. ARTICLE 38. BULLETIN BOARDS 38.1. Local 501 may use the bulletin boards located at Plant 1 (10844 Ellis Avenue, Fountain Valley, CA 92708) and Plant 2 (22212 Brookhurst Street, Huntington Beach, CA 92646) which are designated for use by employee groups to post notices to the D'StF'G OC San employees provided that: (a) no controversial matter which is critical or derogatory of the DiStFiG OC San, its employees, officers or Directors may be posted; (b) nothing posted by the D;StFiG OC San may be removed; (c) Local 501 will remove its notices after a reasonable length of time; and (d) only a reasonable number of notices will be posted. ARTICLE 39. RELEASE TIME FOR MEET AND CONFER SESSIONS 39.1. A maximum of six (6) employees covered by this Agreement and appointed by Local 501 will be granted reasonable release time for attending meet and confer sessions at the bargaining table. Release time will not be compensated for any hours that exceed the employee's regularly scheduled hours of work. 39.2. Local 501 will provide the Director of Human Resources, or designee, with the names of employees requiring meet and confer release time in advance of the meet and confer process. Release time will be limited exclusively to the six (6) employees. The release time will be granted provided that the needs of the ti-o;6tFiGtOC San permit the time away from assigned work. ARTICLE 40. USE OF DISTRICTOC SAN FACILITIES 40.1. Distr+EOC San facilities may be used by Local 501 with prior notice to the Director of Human Resources, or designee, for the purpose of holding meetings, to the extent that such use does not interfere with normal DistrictOC San operations. Local 501 agrees to pay for the cost of any additional custodial or security services. ARTICLE 41. SCOPE OF BARGAINING 41.1. The D;Str;GOC San and Local 501 acknowledge that during the negotiations which resulted in this Agreement, each party had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects within the scope of representation. Therefore, the DiStrieOC San and Local 501, for the term of this Agreement, except as otherwise provided herein, each voluntarily and unqualifiedly waive the right, and each agrees that the other will not be obligated to bargain collectively with respect to any subject or matter contained in this Agreement. Local 501 MOU 20252 Page 30 July 1, 20221-9 to June 30, ARTICLE 42. IMPASSE PROCEDURES 42.1. If either the Dostrrccostro^++moo^ OC San or Local 501 declares that an impasse exists in the meet and confer process, the party so declaring may initiate the impasse procedure by providing the other party with a written request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting will be scheduled and held between the parties within fourteen (14) calendar days or as soon as practicable to: 42.2. Review the position of the parties in a final effort to reach agreement on a memoranda of understanding, and 42.3. If the impasse is not resolved, to discuss the immediate utilization of impasse procedures outlined herein. 42.4. Impasse procedures are: 42.4.1. Mediation: If the parties mutually agree to submit the dispute to the State Mediation and Conciliation Service all mediation proceedings will be private and as soon as practicable. The mediator will make no public recommendation, nor take any public position at any time concerning the issues. 42.4.2. Fact -Finding: Whether the parties submit the dispute to mediation or not, Local 501 may request that the parties' differences be submitted to a factfinding panel as soon as practicable. The cost of a fact finder and other mutually incurred costs will be mutually shared by the BiStFiG OC San and Local 501. 42.4.3. Board Actions: If the parties fail to resolve the impasse, the dispute will be sent to the DistrictOC San's Board of Directors for resolution. Each party will submit its written proposal on all issues to the Board. The Board may take such action to resolve the impasse as it deems appropriate to the public interest. Any action taken by the Board to resolve the impasse will be final and binding. ARTICLE 43. SEVERABILITY 43.1. Notwithstanding any other provisions in this Agreement, in the event that any Article, Section or Subsection of this Agreement will be declared invalid by any court or by any State or Federal law or regulation, or should a decision by any court or any State or Federal law or regulation diminish the benefits provided by this Agreement, or impose additional obligations on the DistrictOC San, the Q+s#r0At0C San and Local 501 will meet and confer on the affected Article, Section or Subsection. In such event, all other Articles, Sections or Subsections of this Agreement not affected will continue in full force and effect. ARTICLE 44. UNIFORMS 44.1. The Dmstrr�.cc+r ^+OC San will provide and maintain twelve (12) uniform pants and shirts, which may include the name of the employee and DistrictOC San's seal, at no cost to appropriate personnel. 44.2. The Dostrr�.cc+r ^+OC San will also provide each field employee with one (1) jacket. The Distrr�.cc+r ^+OC San will provide for the cleaning of the jacket, and will determine when the jacket needs to be replaced. 44.3. DiStFiG OC San's management may establish specific appearance guidelines. All employees who are issued uniforms must wear them during the performance of their regular duties. Failure to wear required clothing, shoes and safety equipment may be cause for disciplinary action. 44.4. Employees covered by this Agreement shall receive a safety boot allowance in the amount of $225 at the beginning of each fiscal year. Local 501 MOU 20252 Page 31 July 1, 20221-9 to June 30, ARTICLE 45. SUBSTANCE ABUSE POLICY 45.1. The Dostrr�.cc+r ^+OC San's Drug and Alcohol Policy will apply to all Unit members. The Distrr�.cc+r ^+OC 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 D;StFOG OC San's Anti -Drug and Alcohol Program. The Distrr�.cistri^++sic OC 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. 45.2.1.45.2.2. Any employee promoted, reassigned or transferred into a classification subject to DOT requirements will be required to successfully complete alcohol and controlled substances testing prior to assuming the position. 45.3. 94t4GtOC 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 HOC San will deduct from each regular paycheck and remit to Local 501 the dues, initiation fees and assessments for each employee who 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 DiStFiG OC San will provide Local 501 a quarterly list of the names of employees for whom it has made deductions, the names of new employees, and the names of employees who have terminated. ARTICLE 47. UNION DUES 47.1. Legislative Authority 47.1.1. The parties mutually understand and agree that in accordance with California Government Code Sections 3500, et.seq., all full-time Unit employees represented by the International Union of Operating Engineers, Local 501 (hereinafter "Union") have the right to join or notjoin the Union. 47.2. Union Dues 47.2.1. The Human Resources Department shall provide all current employees and any employees hired thereafter with notice advising them that the Dist,ric OC San has entered into a memorandum of understanding with the Union, and that all employees within the Bargaining Unit are subject to the Agreement. 47.2.2. The Union shall submit to the n s+roG OC San a certified list of employees of whom to deduct monthly Union Dues from. If an employee's membership status changes, the Union shall notify the D;StFiGOC San via amendment to the certified list. The effective date of Union dues shall begin no later than the first full pay period after receipt of the certified list from the Union. The monetary amount of Union Dues shall be set by the Union. In the event of a change to Union Dues, the Union shall notify the D;StFiG OC San of the adjusted amount. Local 501 MOU 20252 Page 32 July 1, 20224-9 to June 30, 47.2.3. The employee's earnings must be sufficient after the other legal and required deductions are made to cover the amount of the dues authorized. When an employee is in a non -pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an employee in a non -pay status only during part of the pay period, whose salary is not sufficient to cover the full withholding, no deduction shall be made. In the case of an employee who is receiving catastrophic leave benefits during a pay period, no deductions shall be made. In this connection, all other legal and required deductions (including health care and insurance deductions) have priority over Union dues and services fees. 47.3. Indemnification 47.3.1. The Union shall indemnify, defend and hold the D;Str;GOC San harmless against any liability arising from any claims, demands, or other action relating to the D;stT;r_-4OC San's deduction of Union Dues, including claims relating to the Union's use of monies collected under these provisions. The D;StFiG OC San reserves the right to select and direct legal counsel in the case of any challenge to the metric OC San's deduction of Union Dues, and the Union agrees to pay any attorney, arbitrator or court fees related thereto. ARTICLE 48. PEACEFUL RESOLUTION OF DISPUTES 48.1. During the term of this Memorandum, or any subsequent period when impasse resolution procedures are in progress or recommendations resulting from such procedures are being considered by the parties, the Distric OC San agrees it shall not lockout employees in this Unit, and Local 501 agrees that it shall neither advocate, encourage or participate in any strike, including sympathy strike, or work stoppages, nor encourage employees to refrain in whole or in part from the full, faithful and proper performance of their duties of employment. ARTICLE 49. SHIFT CHANGES 49.1. The shift change provision is intended to provide an opportunity for employees to bid for open positions based on their job knowledge, experience and seniority. An open position is considered an unencumbered position, or vacancy, resulting from a transfer, promotion, separation, or retirement. Shift changes will be handled on the basis of seniority except when the Distric OC San can demonstrate a business necessity. 49.2. Relief Operator 49.2.1. When Plant Operators, Senior Plant Operators or Power Plant Operator series are assigned to Relief Operator positions, they will be entitled to $1.75 per hour premium. 49.2.2. Except in emergencies, an employee will be notified of a change in his/her work schedule at least forty-eight (48) hours in advance of such change, preferably seven (7) calendar days in advance of such change. In the event that notice is under forty-eight (48) hours, management will first try to fill vacancy from the overtime list. Failure to fill from the overtime list will result in payment equivalent to call back pay in addition to any pay received from the shift worked for the Relief Operator. 49.2.3. It will be the intent of Management that relief employees will receive two (2) consecutive days off and will only be subject to split days off when schedule changes occur. 49.3. Shift change -bidding procedure 49.3.1. The D*strr�.c*stri^+tric OC San will mail (email is acceptable) a Shift Change Request Form to employees in appropriate classifications every six (6) months. Any employee who wishes to be assigned to the same or a different shift, and who is qualified for that shift, may indicate his/her preference for reassignment on the Shift Change Request Form. The Shift Change Request Local 501 MOU 20252 Page 33 July 1, 20221-9 to June 30, Form must be returned within thirty (30) days for an employee to be placed on a shift bid list. The list of requests will be used for a period of six (6) months to fill vacant positions. A new employee or a promoted employee may request through the Human Resources Department to be added to the current list within two (2) weeks of his/her start date (new employee) or of being notified of the promotion. 49.3.2. When the DiGtFiGtOC San intends to fill an open position, the following steps will be followed: 49.3.2.1. The 4str*c OC San will notify the most senior employee on the Shift Change Request list of the availability of the open position; however, the gistriGOC San may also notify the employee that his/her work location may not be changed in accordance with Section 17.2. The D;etriGOC San agrees that it will verbally notify the employee about the plant connected with the shift. 49.3.2.2. Within two (2) business days of the shift change offer, the employee must notify the D;stric-tOC San in writing (email is acceptable) of his/her decision to accept or reject the position. 49.3.2.3. If the most senior employee rejects the position, the position will be offered to the next most senior employee on the list. 49.3.2.4. The process will be repeated until the position is filled or the list is exhausted. 49.3.3. If an employee declines a shift change offer, or does not notify the Human Resources Department within the two (2) business days, his/her name will remain on the list unless they request in writing to have it removed. An employee who accepts a shift change offer will be notified of the effective date of the shift change within seven (7) business days. 49.3.4. When an employee is awarded a shift bid, the employee shall begin the new shift within 30 days of accepting the bid. The 30 days may be extended if the shift change would interfere with the initial training of a newly hired Power Plant Operator. 49.4. Requests for urgency transfer 49.4.1. On occasion, an employee may wish to initiate a transfer to a different shift or plant in response to a personal situation beyond his/her immediate control. Management will make a reasonable effort to accommodate such requests, considering the operational needs of the DiGtFiGtOC San, in accordance with the following guidelines: 49.4.2. The requirement to work any shift is considered an essential job function. An employee who requests a transfer due to health reasons that are supported by competent medical findings will be considered disabled and an effort will be made to explore reasonable accommodations. If such accommodations cannot be made, or if the accommodation would result in an undue business hardship on the D;etFietOC San, the employee will have the option of remaining in the position unless his/her presence would pose a threat to the safety and welfare of others. 49.4.3. Transfer requests for non -medically related reasons will be considered only when the health or well being of the employee or a member of his/her immediate family is involved. In such events, the transfer would normally be of a temporary nature and limited to the duration of the emergency. 49.4.4. Employees who wish to submit a Request for Transfer must do so in writing to their supervisor. The request should contain sufficient information to allow full consideration of the nature of the emergency or medical condition, and include medical documentation. ARTICLE 50. WORKPLACE VIOLENCE AND WEAPONS POLICY 50.1. The D;GtFistOC San's Workplace Violence and Weapons Policy will apply to all Unit members. Local 501 MOU July 1, 20221-9 to June 30, 20252 Page 34 ARTICLE 51. RESIGNATION 51.1. Employees resigning from OC San are expected to -give a minimum of two (2) weeks w�+fter� netineation yvhen termo;etinc e nent .gith nr ca 9G-Sa-nadvanced 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 termination of employment with the DiStriGOC 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 DistriGt may a Gept ;n writing any verbal OF WitteR FeSigRatien at any tome and deem GUGh resignatien irreVeGable. ARTICLE 52. OPERATOR CERTIFICATION 52.1. All employees assigned to the Lead Plant Operator, Senior Plant Operator, Plant Operator or Operator - in -Training classifications will comply with the certification requirements of Chapter 4, Title 23, Subchapter 14 of the California Administrative Code. Failure to maintain a valid certificate will be grounds for dismissal. This provision will not be subject to the Grievance Procedure. 52.2. The D;StFiotOC San will notify the Office of Operator Certification in writing within thirty (30) days of a final disciplinary action resulting in suspension, demotion or discharge of a certified operator if the discipline is the result of commission of any of the acts defined as grounds for discipline within the Operator Certification Regulations. 52.3. As a condition of employment, newly hired Operator -in -Training employees who do not possess a Certificate of Competence will apply for an Operator -in -Training Certificate and pay any applicable fee to the State Water Resources Control Board and submit proof of such application to the Human Resources Department within ten (10) business days of employment. Operators -in -Training who do not receive their Grade I Certificate within three (3) years from their date of hire will be released from DistFiGtOC San's employment. The D;StFietOC San agrees to continue its current policy of reimbursing Operations and Maintenance employees for required certifications upon receiving a passing score. ARTICLE 53. OPERATOR ROTATIONS Local 501 MOU 20252 Page 35 July 1, 20224-9 to June 30, SIGNATURE PAGE 2022 -20252 MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 501 FOR THE OPERATIONS AND MAINTENANCE GROUP Executed: LOCAL 501 Edward J. Curly, Business Manager and General Vice President Thomas O'Mahar, President Deric Barnes, Business Representative Gilbert Barela, Shep Stew Richard Bartow, Business Representative JaSE)R BiedermaRR, Shop StewardDavid Collett, Shop Steward Sid DGWRerRick Mirolla, Shop Steward Luis GascaLia Togia, Shop Steward Erik Stra+., oenTim Hopkins, Shop Steward ORANGE COUNTY SANITATION DISTRICT Laura Drottz Kalty, Lead Negotiator Celia Chandler, Director of Human Resources Laura Maravilla, Human Resources & Risk Manager Andrew Nau, Human Resources Supervisor Janine Aguilar, Human Resources Supervisor Thys DeVries, Principal Human Resources Analyst Stephanie Barron, Senior Human Resources Analyst Aaren Suare=Tracey Murphy, Shop Local 501 MOU July 1, 20 to June 30, 202 Page 36 Steward Luis Gasca, Shop Steward Local 501 MOU July 1, 202249 to June 30, 20252 Page 37 EXHIBIT A LOCAL 501 - OPERATIONS AND MAINTENANCE UNIT Effective Effective Effective Pay 1-Jul-22 14-Jul-23 12-Jul-24 Classification Grade MIN MAX MIN MAX MIN MAX Automotive/Heavy Equipmt Technician LOC67 Electrical Technician I LOC65 Electrical Technician 11 LOC71 Facilities Worker LOC62 Instrumentation Technician I LOC65 Instrumentation Technician 11 LOC71 Lead Electrical Technician LOC75 Lead Facilities Worker LOC66 Lead Instrumentation Technician LOC75 Lead Mechanic LOC72 Lead Plant Operator LOC75 Lead Power Plant Operator LOC75 Machinist LOC68 Maintenance Worker LOC60 Mechanic LOC62 Mobile Crane Operator LOC67 Operator -In -Training L0058 Plant Operator LOC66 Power Plant Operator I LOC66 Power Plant Operator 11 LOC71 Reliability Maintenance Technician LOC75 Senior Mechanic LOC68 Senior Plant Operator LOC71 Welder/Fabricator LOC67 42.25 $51.36 40.23 $48.87 46.61 $56.67 37.36 $45.41 40.23 $48.87 46.61 $56.67 51.48 $62.55 41.24 $50.13 51.48 $62.55 47.78 $58.09 51.48 $62.55 51.48 $62.55 43.28 $52.62 35.56 $43.22 37.36 $45.41 42.25 51.36 33.82 $41.12 41.24 50.13 41.24 $50.13 46.61 $56.67 51.48 $62.55 43.28 $52.62 46.61 $56.67 42.25 $51.36 43.94 $53.41 41.84 $50.82 48.47 $58.94 38.85 $47.23 41.84 $50.82 48.47 $58.94 53.54 $65.05 42.89 $52.14 53.54 $65.05 49.69 $60.41 53.54 $65.05 53.54 $65.05 45.01 $54.72 36.98 $44.95 38.85 $47.23 43.94 $53.41 35.17 42.76 42.89 $52.14 42.89 $52.14 48.47 $58.94 53.54 $65.05 45.01 $54.72 48.47 $58.94 43.94 $53.41 45.48 $55.28 43.30 $52.60 50.17 $61.00 40.21 $48.88 43.30 $52.60 50.17 $61.00 55.41 $67.33 44.39 $53.96 55.41 $67.33 51.43 $62.52 55.41 $67.33 55.41 $67.33 46.59 $56.64 38.27 $46.52 40.21 $48.88 45.48 $55.28 36.40 $44.26 44.39 $53.96 44.39 $53.96 50.17 $61.00 55.41 $67.33 46.59 $56.64 50.17 $61.00 45.48 $55.28 Local 501 MOU July 1, 20 to June 30, 202 Page 38 Salary Schedules - Mechanic Job Series Orange County Sanitation District Classification and Compensation Plan Rates Effective July 2, 2021 LOCAL 501 GROUP - CURRENT (FY 202V2022.} Classification Pay Grade STEP STEP STEP STEP STEP 1 2 3 4 5 71 Lead Mechanic LOC71 $ 44.60 $ 46.83 $ 49.18 $ 51.6515 54.23 5 9Z768.00 $ 97.406.40 $102,294.40 $107,432-00 1 $112,790.40 Senior Mechanic LOC67 $ 40.43 1 $ 42.48 1 $ 44.58 1 $ 46.81 15 49.15 $ 84,094.40 15 88,316.80 I $ 92,726.40 15 97,364.80 1 $102,232.00 Mechanic LOC61 1 $ 34.87 15 36.62 $ 38.4215 40.3515 42.36 5 72529.60 15 76.169.60 5 79,913.60 1 $ 83,928.00 1 $ 88,108.80 Orange County Sanitation District Classification and Compensation Plan PROPOSED Rates Effective July 1,2022 LOCAL 501 GROUP - FY 242212023 (Year One) Classification Pay Grade STEP STEP STEP STEP STEP 1 2 3 4 5 Lead Mechanic LOC72 $ 47.78 $ 50.17 $ 5268 $ 55.31 $ 58.09 $ 99,382.40 5104,35.3.60 5109,574.40 $115,044.80 5120,827.20 Senior Mechanic I LOUR 15 43.28 15 45.4515 47.741 $ 50.121 $ 52.62 $ 90, 022.40 1 $ 94,536.00 15 99,299.20 1 $104.249.60 15109.449.60 Mechanic LOC62 15 37.36 15 39.21 15 41.16 $ 43.241 $ 45.41 $ TT708.80 15 81,556.80 15 85,61280rl$ 89.939.20 15 94.452.80 Orange County Sanitation District Classification and Compensation Plan PROPOSE D Rates Effective July 14, 2023 LOCAL 501 GROUP - FY 202312024 (Year Two) Pay STEP STEP STEP STEP STEP Classification Grade 1 2 3 4 5 Lead IyIechanic LOC72 1 $ 49.69 1 $ 52.18 15 54.79 1 $ 57.52 $ 60.41 5103, 355.20 1 $108.534.40 15113,963.20 1 $119, 641.60 1 $125, 652.80 Senior Mechanic I LOC68 I $ 45.01 1 $ 47.2715 49.65 $ 5212 $ 54.72 5 93,620.00 1 $ 90,321.&0 15103,27200 1 $108.409.60 1 $113,017.60 Mechanic LOC62 $ 38.85 $ 40.78 $ 4281 $ 44.97 $ 47.23 $ 80.808.00 $ 24.822.40 $ 89,044.80 1 $ 93.537.&0 1 $ 98,238.40 Orange County Sanitation district Classification and Compensation Plan PROPOSED Rates Effective July 12, 2024 LOCAL 501 GROUP - FY2024f2025 (Year Three) Classification Pay Grade STEP STEP STEP STEP STEP 1 2 3 4 5 Lead Mechanic I LOC72 1 $ 51.431 $ 54.01 15 56.71 1 $ 59.531 $ 62.52 $106, 974.40 1 $112,340.80 1 $117,956.80 1 $123, 82240 1 $130, 041.60 Se ni o r P ech a ni c LOC68 1 $ 46.59 1 $ 40.92 $ 51.39 $ 53.94 1 $ 56.64 5 96,907.20 1 $101,753.60 $106,891.20 $11Z195.20 1 $117,811.20 Mechanic LOC152 $ 40.21 $ 42.21 $ 44.31 1 $ 46.541 $ 48.88 $ 83,636.80 $ 87,796.80 5 92,164.80 1 $ 96,803.20 1 $101,670.40 ACWA APWA AQMD ASCE BOD CARB CASA ORANGE COUNTY SANITATION DISTRICT COMMON ACRONYMS Association of California LOS Water Agencies American Public Works MGD Association Air Quality Management District MOU American Society of Civil NACWA Engineers Biochemical Oxygen Demand NEPA California Air Resources Board NGOs California Association of Sanitation Agencies NPDES CCTV Closed Circuit Television I NWRI California Environmental CEQA Quality Act O & M Capital Improvement CIP Program OCCOG California Regional Water CRWQCB Quality Control Board OCHCA CWA Clean Water Act OCSD California Water Environment CWEA Association OCWD EIR Environmental Impact Report OOBS EMT Executive Management Team I OSHA EPA US Environmental Protection I PCSA Agency FOG Fats, Oils, and Grease I PDSA gpd gallons per day PFAS GWRS Groundwater Replenishment PFOA System ICS Incident Command System PFOS IERP Integrated Emergency POTW Response Plan JPA Joint Powers Authority Ippm LAFCO Local Agency Formation I PSA Commission Level Of Service RFP Request For Proposal Million Gallons Per Day RWQC Re Tonal Water Qualit Memorandum of SARFP Understanding National Association of Clean SARI Water Agencies National Environmental Policy SARW Act Non -Governmental SAWP Organizations National Pollutant Discharge SCADA Elimination System B g y Control Board A Santa Ana River Flood Protection Agency Santa Ana River Interceptor Santa Ana Regional Water QCB Quality Control Board A Santa Ana Watershed Project Authority Supervisory Control And Data Acquisition National Water Research Southern California Institute SCAP Alliance of Publicly Owned Treatment Works Operations & Maintenance SCA South Coast Air Qualit Orange County Council of SOC Governments Orange County Health Care SRF Agency Orange County Sanitation SSM District Orange County Water District ISSO QMD y Management District WA South Orange County Wastewater Authority Clean Water State Revolving Fund P Sewer System Management Plan Sanitary Sewer Overflow Ocean Outfall Booster Station 1SWRCState Water Resources B Occupational Safety and TDS Health Administration Professional Consultant/Construction TMDL Services Agreement Professional Design Services TSS Agreement Per- and Polyfluoroalkyl Substances WDR Perfluorooctanoic Acid IWEF Perfluorooctanesulfonic Acid WERF Publicly Owned Treatment WIFIA Works parts per million 1WIIN Professional Services I WRDA Agreement Control Board Total Dissolved Solids Total Maximum Daily Load Total Suspended Solids Waste Discharge Requirements Water Environment Federation Water Environment & Reuse Foundation Water Infrastructure Finance and Innovation Act Water Infrastructure Improvements for the Nation Act Water Resources Development Act ORANGE COUNTY SANITATION DISTRICT GLOSSARY OF TERMS ACTIVATED SLUDGE PROCESS — A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen and consume dissolved nutrients in the wastewater. BENTHOS — The community of organisms, such as sea stars, worms, and shrimp, which live on, in, or near the seabed, also known as the benthic zone. BIOCHEMICAL OXYGEN DEMAND (BOD) — The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water. BIOGAS — A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used as a fuel. BIOSOLIDS — Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high -quality product can be recycled as a soil amendment on farmland or further processed as an earth -like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. CAPITAL IMPROVEMENT PROGRAM (CIP) — Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities. COLIFORM BACTERIA — A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere, used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater. COLLECTIONS SYSTEM — In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. CERTIFICATE OF PARTICIPATION (COP) — A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. CONTAMINANTS OF POTENTIAL CONCERN (CPC) — Pharmaceuticals, hormones, and other organic wastewater contaminants. DILUTION TO THRESHOLD (D/T) — The dilution at which the majority of people detect the odor becomes the D/T for that air sample. GREENHOUSE GASES (GHG) — In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse effect"). GROUNDWATER REPLENISHMENT SYSTEM (GWRS) — Ajoint water reclamation project that proactively responds to Southern California's current and future water needs. This joint project between the Orange County Water District and 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.