Alameda City Council
July 15, 2025

MEMORANDUM OF UNDERSTANDING

Between

CITY OF ALAMEDA

And

ALAMEDA POLICE MANAGERS ASSOCIATION

July 1, 2025 – June 30, 2027

1 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027)

TABLE OF CONTENTS

ALAMEDA POLICE MANAGERS ASSOCIATION
July 1, 2025 – June 30, 2027
Table of Contents
SECTION 1. RECOGNITION ................................ ................................ ................................ ................... 4

1.1 Association Recognition ................................ ................................ ......................... 4

1.2 City Recognition ................................ ................................ ................................ ...... 4 SECTION 2. ASSOCIATION SECURITY ................................ ................................ ................................ . 4 Dues Deduction ................................ ................................ ................................ ................... 4 SECTION 3. ASSOCIATION REPRESENTATIVES ................................ ................................ ................ 5 SECTION 4. ACCESS TO WORK LOCATIONS................................ ................................ ...................... 5 SECTION 5. USE OF CITY FACILITIES ................................ ................................ ................................ .. 6 SECTION 6. BULLETIN BOARDS ................................ ................................ ................................ .......... 6 SECTION 7. ADVANCE NOTICE ................................ ................................ ................................ ............ 6 SECTION 8. CITY RIGHTS ................................ ................................ ................................ ...................... 6 SECTION 9. NO DISCRIMINATION ................................ ................................ ................................ ........ 7 SECTION 10. HOURS OF WORK ................................ ................................ ................................ ........... 7 SECTION 11. MANAGEMENT INCENTIVE PAY, ACTING PAY, RETENTION PAY .............................. 7

11.1 Management Incentive Pay ................................ ................................ ..................... 7

11.2 Acting Pay/Y-Rate ................................ ................................ ................................ .... 7

11.3 Retention Pay ................................ ................................ ................................ ........... 7 SECTION 12. SALARIES ................................ ................................ ................................ ........................ 8

12.1 Rates of Pay ................................ ................................ ................................ ............. 8

12.2 Starting Rate ................................ ................................ ................................ ............ 8

12.3 Step Increases ................................ ................................ ................................ ......... 8

12.4 Conversion Rate ................................ ................................ ................................ ...... 9

12.5 Equity Adjustments ................................ ................................ ................................ . 9

2 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027) SECTION 13. HEALTH AND WELFARE ................................ ................................ ............................... 10

13.1 Medical ................................ ................................ ................................ ................... 10

13.2 Dental Insurance ................................ ................................ ................................ .... 11

13.3 Vision Coverage ................................ ................................ ................................ ..... 11

13.4 Life Insurance ................................ ................................ ................................ ........ 11

13.5 IRC Section 125 ................................ ................................ ................................ ...... 11

13.6 Employee Assistance Program ................................ ................................ ............. 11

13.7 Physical Fitness Incentive Program ................................ ................................ ..... 11

13.8 Deferred Compensation ................................ ................................ ........................ 12 SECTION 14. RETIREMENT PLAN................................ ................................ ................................ ....... 12

14.2 Retirement Plan Final Compensation Calculation: ................................ .............. 14

14.3 New Hires ................................ ................................ ................................ ............... 14

14.4 Retiree Health Benefit ................................ ................................ ............................ 14

14.5 Other Postemployment Benefits Trust (OPEB Trust) ................................ .......... 15 SECTION 15. UNIFORM ALLOWANCE ................................ ................................ ................................ 17 SECTION 16. HOLIDAYS ................................ ................................ ................................ ...................... 17 SECTION 17. VACATION ................................ ................................ ................................ ....................... 17

17.1 Vacation Scheduling ................................ ................................ .............................. 17

17.2 Vacation Benefits ................................ ................................ ................................ ... 17

17.3 Vacation Accumulation ................................ ................................ ......................... 18

17.4 Vacation Sell Back ................................ ................................ ................................ . 18

17.5 Excess Accumulation ................................ ................................ ............................ 19 SECTION 18. SICK LEAVE ................................ ................................ ................................ ................... 19

18.1 Sick Leave Benefits ................................ ................................ ............................... 19

18.2 Notification Requirement ................................ ................................ ...................... 20

18.3 Doctor's Certificate or Other Proof ................................ ................................ ....... 20

18.4 Family Sick Leave ................................ ................................ ................................ .. 20 SECTION 19. LEAVES OF ABSENCE ................................ ................................ ................................ .. 20

19.1 Leave Without Pay ................................ ................................ ................................ . 20

19.2 Jury Duty ................................ ................................ ................................ ................ 20

19.3 Military Leave of Absence ................................ ................................ ..................... 20

19.4 Maternity Leave/Family Leave ................................ ................................ ............... 21

19.5 Industrial Disability Leave ................................ ................................ ..................... 21

19.6 Funeral Leave ................................ ................................ ................................ ......... 21

19.7 Catastrophic Leave Bank ................................ ................................ ...................... 21

19.8 Incentive Program for Employees Not Using Sick Time ................................ ..... 23

19.9 Administrative Leave Bank Benefit ................................ ................................ ....... 23 SECTION 20. PROBATIONARY PERIOD ................................ ................................ ............................. 23

3 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027) SECTION 21. LAYOFF AND REEMPLOYMENT -- FURLOUGHS ................................ ........................ 23 SECTION 22. DISCHARGE OR DISCIPLINE ................................ ................................ ........................ 24

22.1 Right of Discharge or Discipline ................................ ................................ ........... 24

22.2 Appeals ................................ ................................ ................................ ................... 24 SECTION 23. PERSONNEL FILES ................................ ................................ ................................ ....... 24 SECTION 24. GRIEVANCE PROCEDURE................................ ................................ ............................ 25

24.1 Initial Discussions ................................ ................................ ................................ . 25

24.2 Referral to City Manager ................................ ................................ ........................ 25

24.3 Adjustment Board ................................ ................................ ................................ .. 25

24.4 City Manager and Arbitration ................................ ................................ ................ 26

24.5 Matters excluded from the Grievance Procedure of the Memorandum of Understanding ................................ ................................ ................................ ................................ 26

24.6 Disciplinary Action ................................ ................................ ................................ 26

24.7 Pay Claims ................................ ................................ ................................ .............. 26 SECTION 25. OUTSIDE EMPLOYMENT ................................ ................................ .............................. 26 SECTION 26. MISCELLANEOUS ................................ ................................ ................................ ......... 27

26.1 Residence ................................ ................................ ................................ ............... 27

26.2 Compensation of Property Damaged in the Course of Employment ................. 27

26.3 Safety Glasses ................................ ................................ ................................ ....... 27

26.4 Safety Equipment ................................ ................................ ................................ ... 27

26.5 Drug Free Work Place ................................ ................................ ............................ 27

26.6 Seat Belts ................................ ................................ ................................ ............... 27

26.7 Desirable Qualifications for Promotion ................................ ................................ 27

26.8 Bilingual Pay ................................ ................................ ................................ .......... 28

26.9 “Exclusive Use” City Vehicles ................................ ................................ .............. 28 SECTION 27. SEPARABILITY OF PROVISIONS ................................ ................................ ................. 28 SECTION 28. PAST PRACTICES AN EXISTING MEMORANDA OF UNDERSTANDING ................... 28 SIGNATURE PAGE ................................ ................................ ................................ ................................ 29 APPENDIX “B” – TRANSFERRING 1082 PENSION MEMBERS TO PERS ................................ ......... 30

4 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027)

MEMORANDUM OF UNDERSTANDING
Between

CITY OF ALAMEDA
AND

ALAMEDA POLICE MANAGERS ASSOCIATION

This Memorandum of Understanding is entered into pursuant to the provisions of Section 3500 et. seq. of the Government Code of the State of California.

The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in said representation unit, and have freely exchanged information, opinions and proposals and have reached agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

This Memorandum of Understanding shall be presented to the City Council of the City of Alameda as the joint recommendation of the undersigned parties for salary and employee benefit adjustments for the period commencing December 19, 2021 and ending June 30, 2025.

Section 1. Recognition

1.1 Association Recognition
Alameda Police Managers Association hereinafter referred to as the "Association," is the recognized employee organization for the classifications listed in Appendix A.

1.2 City Recognition
The Municipal Employee Relations Officer of the City of Alameda or any person or organization duly authorized by the Municipal Employee Relations Officer, is the representative of the City of Alameda, hereinafter referred to as the "City" in the employer -employee relations, as provided in Resolution No. 15735 adopted by the City Council on January 19, 2021.

Section 2. Association Security

Dues Deduction
Payroll deductions for membership dues shall be granted by the City only to the Association.

The following procedures shall be observed in the withholding of employee earnings:

(1) Payroll deductions shall be for a specific amount and uniform as between employee members of the Association and shall not include fines, fees and/or assessments. Dues deduction shall be made only upon the employee's written authorization on a payroll deduction form provided by the City.

(2) Authorization, cancellation or modification of payroll deduction shall be made upon forms provided or approved by the City Manager. The voluntary payroll deduction authorization shall remain in effect until employment with the City is terminated or until canceled or

5 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027) modified by the employee by written notice to the City Manager. Employees may authorize dues deductions only for the Association certified as the recognized representative of the unit to which such employees are assigned.

(3) Amounts deducted and withheld by the City shall be transmitted to the officer designated in writing by the Association as the person authorized to receive such funds at the address specified.

(4) The employee's earnings must be sufficient after all other required deductions are made, to cover the amount of the deductions herein authorized. When an employee is in a non-pay status for an entire pay period, no withholdings will be made to cover that pay period from future earnings nor will the employee deposit the amount with the City which would have been withheld if the employee had been in a pay status during that period. In the case of an employee who is in a non -pay status during a part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other required deductions have priority over the Association dues deduction.

(5) The Association shall file with the City Manager an indemnity statement wherein the Association shall indemnify, defend and hold the City harmless against any claim made and against any suit initiated against the City on account of check -off of Association dues or premiums for benefits. In addition, the Association shall refund to the City any amounts paid to it in error upon presentation of supporting evidence.

Section 3. Association Representatives

City employees who are official representatives of the Association shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation or grievances are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City servi ces as determined by the City. Such employee representatives shall submit a written request for excused absence to their respective department heads with an information copy to the City Manager, at least two (2) working days prior to the scheduled meeting whenever possible.

Except by mutual agreement, the number of employees excused for such purposes shall not exceed three (3).

Section 4. Access to Work Locations

Reasonable access to employee work locations shall be granted officers of the Association and their officially designated representatives for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation. Such officers or representatives shall not enter any work location without the consent of the City Manager. Access shall be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements. Solicitation of membership and activities concerned with the internal management of the Association, such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature, shall not be conducted during the working hours.

6 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027) Section 5. Use of City Facilities

City employees or the Association or their representatives may, with the prior approval of the City Manager or designated representative, be granted the use of City facilities during non -work hours for meetings of City employees provided space is available. All such requests shall be in writing and shall state the purposes of the meeting.

The use of City equipment normally used in the conduct of business meetings, such as desks, chairs, and whiteboards is allowed, but the use of City owned electronic devices such as computers, printers, and copiers is strictly prohibited, notwithstanding the presence of such equipment in approved City facilities.

Section 6. Bulletin Boards

The Association may use portions of City bulletin boards under the following conditions:

(1) All materials must be dated and must identify the Association that published them.

(2) Unless special arrangements are made, materials posted will be removed thirty -one (31) days after the publications date.

(3) The City agrees to provide bulletin boards in reasonable locations and designate a reasonable portion thereof for Association use.

(4) If the Association does not abide by these rules, it will forfeit its right to have materials posted on City bulletin boards.

Section 7. Advance Notice

Except in cases of emergency, reasonable advance written notice shall be given the Association of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council and shall be given the opportunity to meet with the City Manager prior to adoption. In cases of emergency when the City Council determines that an ordinance, rule, resolution or regulations, must be adopted immediately without prior notice or meeting with the Association, the City shall provide such notice and opportunity to meet at the earliest practical time following the adoption of such ordinance, rule, resolution or regulation.

The City agrees to post City job announcements on all bulletin boards at the earliest practical time.

Section 8. City Rights

The rights of the City include, but are not limited to, the exclusive right to 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; direct its employees; take disciplinary action; relieve its employees from duty because of lack or work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job

7 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027) classifications; take all necessary actions to carry out its mission in emergencies; and to exercise complete control and discretion over its organization and the technology of performing its work.

Section 9. No Discrimination

Consistent with State and Federal law there shall be no discrimination or harassment of any kind based on any statutorily (federal, state, or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, medical condition (ex. Cancer), genetic information, marital status, pregnancy, sex, gender identity, gender expression, sexual orientation, age, political affiliation, military and veteran status or legitimate Union activities against any employee or applicant for employment by the Association, the City or by anyone employed by the City.

Section 10. Hours of Work

The standard work week consists of a schedule totaling forty (40) hours.

Section 11. Management Incentive Pay, Acting Pay, Retention Pay

11.1 Management Incentive Pay
In recognition of the unique nature of the Alameda Police Managers Association member’s job responsibilities and special skills, knowledge and abilities that are required, are granted Management Incentive Pay (MIP). Employees shall receive an additional 7.0% calculated on their base annual salary earned equally across all pay periods throughout the year. The compensation is paid as earned for normally required duties performed during normal work hours. It is not compensation in lieu of overtime or in lieu of other benefits that are excluded from consideration under the statutes and regulations of the Public Employees’ Retirement System. Management Incentive Pay shall be administered as per 2 C.C.R. Sec 571 (a) (1).

11.2 Acting Pay/Y-Rate
An employee who is assigned by the employee's supervisor and approved by the Department Head to perform a job in another classification during the temporary or permanent absence of an employee may be paid a rate not less than five percent (5%) nor above the 5th step of the higher classification. The City Manager may approve a "Y" rate outside an existing classification if additional duties warrant.

11.3 Retention Pay
All APMA members upon the satisfactory completion of ten (10) years of continuous service with the Alameda Police Department, shall be paid an additional three percent (3.0%) calculated on their base plus the hourly equivalent of the Holiday Pay (as defined in Section 16: Holidays). Upon the satisfactory completion of fifteen (15) years of continuous service with the Alameda Police Department, the employee receives an additional four percent (4.0%) calculated on their base plus the hourly equivalent of the
Holiday Pay plus the 10-year benefit. Upon the satisfactory completion of twenty (20) years of continuous service with the Alameda Police Department, the employee receiv es an additional five percent (5.0%) calculated on their base plus the hourly equivalent of the Holiday Pay plus the 10-year benefit plus the 15-year benefit. Percentages shall be compounded.

For Example:

8 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027)

10 Year Longevity/Retention = (Base Pay + Holiday Pay) x 3% = ((Base Pay + (Base Pay x .075020)) x 0.03)

15 Year Longevity/Retention = (Base Pay + Holiday Pay + 10-Year Longevity/Retention) x 4%

20 Year Longevity/Retention = (Base Pay + Holiday Pay + 10-Year Longevity/Retention + 15- Year Longevity/Retention) x 5%

Section 12. Salaries

12.1 Rates of Pay
The salary range for each classification shall be as set forth in Appendix A.

Wage increases for the term of this MOU will be based upon the Base Revenue Index (BRI). The BRI is defined as one-half (i.e., 50%) of the year-over-year rate of growth measured between the two most recent successive fiscal years of the combined dollar amount of the following four local Alameda taxes:

• Property Tax
• 1% Bradley-Burns Sales Tax
• Utility Users Tax
• Transient Occupancy Tax

Wage increases for 2025 will be based upon the BRI from fiscal year 2023-2024 and 2024-2025, with a minimum increase of 1.0% and a maximum of 5.0%. The minimum 1.0% increase to base wages will take effect the first full pay period following July 1, 2025. Following the finalization of BRI calculations in September 2025, but no later than September 30, 2025, any additional increase to base wages will be implemented retroactively to the first full pay period following July 1, 2025.

Wage increases for 2026 will be based upon the BRI from fiscal year 2024-2025 and 2025-2026, with a minimum increase of 1.0% and a maximum of 5.0%. The minimum 1.0% increase to base wages will take effect the first full pay period following July 1, 2026. Following the finalization of BRI calculations in September 2026, but no later than September 30, 2026, any additional increase to base wages will be implemented retroactively to the first full pay period following July 1, 2026.

12.2 Starting Rate
Except as herein otherwise provided, the entrance salary for a new employee entering City service shall be the minimum salary for the class to which appointed but at least 5% above the prior rate of pay. When circumstances warrant, the City Manager may approve an entrance salary which is more than the minimum salary. The City Manager's decision shall be final.

12.3 Step Increases
The step plan of each salary range shall be applied and interpreted as follows for permanent and probationary employees:

9 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027)

The first step shall be the minimum rate and shall normally be the hiring rate for the class. In a case where it is difficult to secure a qualified person or if a person of unusual qualifications is engaged, the City Manager, after receiving the recommendation of the appropriate Department Head, and the advice of the Human Resources Director, may approve appointment above the first step.

The second step shall be paid upon satisfactory completion of one (1) year of paid status at the first step.

The third step shall be paid upon satisfactory completion of one (1) year of paid status at the second step.

The fourth step shall be paid upon satisfactory completion of one (1) year of paid status at the third step.

The fifth step shall be paid upon satisfactory completion of one (1) year of paid status at the fourth step.

Raises to the second, third, fourth and fifth steps shall be automatic unless an unsatisfactory service rating report is made by the appointing authority. Following an unsatisfactory service rating report, a raise may be delayed by the Department Head for not more than six (6) months with the approval of the City Manager. A raise to any step may be made at any time by the City Manager on the recommendation of a Department Head whenever an employee exhibits unusual merit.

12.4 Conversion Rate
Any yearly, monthly, per diem, or hourly rate of pay may be converted into any equivalent rate of pay or to any other time basis when, in the judgment of the City Manager, such a conversion is advisable. In determining equivalent amounts on different time bases, the Finance Director, subject to the approval of the City Manager, shall provide tables or regulations for the calculation of payment for service of less than full time, and for use in converting monthly salaries to hourly rates.

12.5 Equity Adjustments
Effective July 13, 2025 with approval by the City Council on its regular agenda in accordance with the Brown Act and the City’s Sunshine Ordinance, but in no event earlier than the first full pay period following July 1, 2025, the APMA classification of, and all employees employed by the City in the classification of, Police Lieutenant (4020), shall receive an equity salary increase of 5% of base pay.

Effective July 13, 2025 with approval by the City Council on its regular agenda in accordance with the Brown Act and the City’s Sunshine Ordinance, but in no event earlier than the first full pay period following July 1, 2025, the APMA classification of, and all employees employed by the City in the classification of, Police Captain (4010), shall receive an equity salary increase of 7.25% of base pay.

10 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027) Section 13. Health and Welfare

13.1 Medical
The City has contracted with the California Public Employees’ Retirement System ( CalPERS) for the purpose of providing medical insurance benefits for employees covered by this Memorandum of Understanding, eligible retired employees and eligible survivors of retired employees. Eligibility of retired employees and survivors of retired employees to participate in this program shall be in accordance with regulations promulgated by CalPERS and subject to the provisions of Section 4 (a) and (b) of the Agreement of May 31, 1990 between the City and the “members of the 1082 Pension System”, transferring the 1082 pension s ystem to PERS. (See Section 14.2 and Appendix B)

Through the term of this agreement, the City shall contribute the maximums listed below.

Employees who elect not to enroll in one of the City’s health plans , and show evidence of coverage on an alternative plan, shall receive $230 per month.

2025 Maximum City Contribution

Waiver of Coverage $ 106.15 per pay period Cash-in-Lieu Single Party $ 1,430.53
Two-Party $ 2,352.55
Family $ 2,905.76

Should the employee elect a more expensive plan, the balance of the cost incurred to provide medical care benefits for the employee and eligible dependents shall be paid by the employee.

The City shall make a payroll deduction from the employee's pay to cover the difference in cost.

Effective January 1, 2023 and every January thereafter during the term of this agreement, the City will increase its contribution to the member’s medical premium to reflect 5 0% of the increase in cost from the previous year, of the CalPERS Kaiser plan in the area or region in which Alameda is assigned. The increase will be based on 50% of the increase to the employee plus two or more dependents level of coverage. The $230 cash-in-lieu shall not change.

Each employee shall be responsible for providing immediate written notification to the Human Resources Department of any change to the number of his/her dependents, which affects the amount of the City payment to the Flexible Benefits Account. An employee, who by reason of failing to report a change in dependents, receives a City payment greater than the amount to which he/she is entitled shall be liable for refunding the excess amounts received via a reduction in the amount paid to his/her Flexible Benefits Account. Changes to flexible benefit payments required because of a change in an employee's number of dependents shall take effect at the start of the first pay period in the month next following the month in which advice from the employee is received by the Human Resources Department. No retroactive increases to the City's payments shall be allowed.

11 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027)

13.2 Dental Insurance
The City shall provide dental insurance coverage for full -time employees and their eligible dependents. This coverage will be mandatory for all employees. Any increase in premium shall cause a like increase in the flexible benefit account. The City will switch to a plan that will cover 90% of the cost of services, with the employee picking up 10% of the cost of services when the current 80%-20% plan expires.

The current dental plan is a $2500.00/$2500.00 benefit plan per employee and eligible dependent for annual dental care and lifetime orthodontic care.

13.3 Vision Coverage
The City will make the current Vision Coverage available at the employee's cost. Effective January 1, 2016, the City will split the cost of the Vision Premiums 50 -50 with members of the Alameda Police Managers Association who opt for this coverage.

13.4 Life Insurance
The City shall provide each employee with a $100,000 life insurance program. This coverage will be mandatory for all employees.

The City shall provide each employee with the opportunity to purchase, at their own cost, additional optional life insurance up to the maximum amount provided by and subject to the conditions of the carrier.

13.5 IRC Section 125
At such time as the City institutes the Flexible Benefits Plan, the City agrees to implement an IRC Section 125 plan to redirect the employees' pre -selected amount of salary to pay employee paid insurance premiums and other approved expenses with "pre-tax" instead of "after tax" dollars.

13.6 Employee Assistance Program
The City shall continue to provide for all employees an employee assistance program. The cost of such program shall continue to be paid by the City only during the term of this Memorandum of Understanding.

13.7 Physical Fitness Incentive Program
Until December 31, 2025, the following provision will apply :

Both the City and the APMA will establish an agreed upon annual fitness test for its members.

Participation in this program is strictly voluntary. If a member agrees to voluntarily participate in the agreed upon fitness test and successfully passes the test, that employee will receive an additional 10 hours of leave time to be used by the end of the last full pay period of the calendar year or it will be forfeited. This leave time may not be cashed out.

Effective January 1, 2026, the following changes w
ill take effect:
• The additional hours of leave granted to members under the Physical Fitness Program will increase to 40 hours.
• In every calendar year beginning in 2026, members must take and pass the agreed -upon fitness test no later than October 1st to receive the 40 hours of additional leave, which must

12 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027) be used by the last pay date of the calendar year or it will be forfeited. This leave time may not be cashed out.

13.8 Deferred Compensation
Employees may participate in the City’s voluntary deferred compensation program (457 Plan). For employees who have completed one year of service with the City, the City will make a contribution into the employee’s account of one percent (1.0%) of the employee’s base salary if the employee contributes at least one-half of one percent (0.5%) towards their 457 Plan account. The maximum City contribution will be 1.0%. The City’s contribution will go into effect the first full pay period after the employee completes their first year of service with the City. For employee contributions, the City will make payroll deductions and transmit funds to the administrator. The City makes no representation on the merit of the plan or any investment products or instruments, which may be offered by the plan. The individual participant is responsible to evaluating the investment options with the plan. The City currently contracts with ICMA-RC, Nationwide and CalPERS (VOYA) to provide a 457 program.

Section 14. Retirement Plan

Except as modified below, the parties agree to be bound by the Agreement entered into on May 31, 1990, and executed by the City Manager and the President of the Union and attached to this Memorandum of Understanding as Appendix B.

(A) Effective July 1, 1994 the City ceased to "pick up" the employee's normal contribution of 9% to PERS previously made by the City under Cal. Govt. Code Sec. 20615 and as required by the 1082 Agreement and the first and second paragraph of the 1993-94 MOU. The parties hereby agree that the City's obligations to make any such payments to PERS on the employee's behalf, under the MOU and the 1082 Agreement, on or after July 1, 1994 is hereby waived by the Association, and the parties agree and confirm that the City's obligations therein ceased as of that date.

(B) Effective July 1, 1994 the individual employees did, and shall continue to, make their own normal employee contributions to PERS, in the amount of 9%, and they shall have the option, if legally possible, to have those payments tax deferred under IRS Policy and Rule 414(h) (2).

Therefore, to implement and execute these understandings and agreements, the parties hereby mutually agree d to delete Section 3 of the 1082 Agreement and Section 14 of the 1993-94 Memorandum of Understanding between the parties."

(C) MOU Section 14 Retirement Plan will have the following paragraphs deleted from 1993 -94 agreement:

Unnumbered Paragraph 1, the middle of Page 6
Unnumbered Paragraph 2, the middle of Page 6

The CalPERS 3% @ 50 retirement plan was implemented May 5, 2002, subject to CalPERS rules and conditions.

13 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027)

14.1 (a) Employees Hired Before January 1, 2013 The provisions described in this Section A apply only to CalPERS eligible employees hired before January 1, 2013, or to eligible employees hired after that date who qualify for pension reciprocity Pursuant to Government Code 7522.02 ©.

The City shall continue to provide retirement benefits in accordance with the existing contract with PERS to provide for the 3% @ 50 retirement formula as set forth in Section 21362.2 of the California Government Code effective July 1, 2011 for employees hired prior to January 1, 2013.

The City has implemented the provision of Section 414(h ) (2) Internal Revenue Code by making employee contributions pursuant to California Government Code Section 20691 to PERS on behalf of all its employees in this recognized group or class of employment. “Employee contributions” shall mean those contributions to PERS which are deducted from the salary of employees and are credited to individual employee’s accounts pursuant to California Government Code Section 20691.

The City has contracted with PERS for Employee Cost Sharing under Government Code Section 20516(a). The member’s contribution prior to this MOU was 2% over and above the normal 9% contributions made by the employee in previous MOUs. This 11% contribution was in accordance with Section 414(h) (2) of the Internal Revenue Code whereby employee contributions shall be tax deferred and not subject to taxation until the time of constructive receipt.

With the ratification of this agreement, employees covered by this MOU continue with paying 11% until June 30, 2013.

There will be a one percent increase in the employee contribution of PERS pension costs, effective the first day of the first full pay period following the dates listed:

• July 1, 2013 increase 1% resulting in a total employee contribution of 12%. • July 1, 2014 increase 1% resulting in a total employee contribution of 13%. • July 1, 2015 increase 1% resulting in a total employee contribution of 14%. • July 1, 2016 increase 1% resulting in a total employee contribution of 15%

If during the term of this MOU, actuarial valuation numbers improve and the employer’s normal cost for the retirement benefit reduces, the parties agree to the employees’ contribution rate being no more than 50% of the employer’s normal cost. Otherwise, the total employee contribution at levels set forth above will remain in effect until the expiration of this MOU with the understanding that after July 1, 2016 the level shall remain at 15%.

14.1 (b) Employees Hired On or After January 1, 2013 This section B shall apply to CalPERS eligible employees hired on or after January 1, 2013, who do not qualify for pension reciprocity pursuant to Government Code Section 7522.02(c). All of the following requirements apply to these employees:

a. As required by Government Code Section 7522.25, the safety Option Plan Two (2% @ 50 – 2.7% @ 57) pension formula shall apply.

b. As required by Government Code Section 7522.32, for the purposes of determining a retirement benefit for CalPERS eligible employees, final compensation shall mean the

14 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027) highest average annual pensionable compensation earned during 36 consecutive months of service.

c. As required by Government Code Section 7522.30, employees shall have an initial contribution rate of 50% of the total normal cost rate.

14.2 Retirement Plan Final Compensation Calculation:

Pursuant to the Public Employees’ Pension Reform Act, all employees who constitute “new members” of the City’s defined benefit plan will have their final compensation for pension purposes calculated based on a formula that defines final compensation as the highest average annual pensionable compensation earned during a period of at least 36 consecutive months.

Employees who constitute “classic members” of the City’s defined benefit plan will have their final compensation for pension purposes calculated based on a formula that defines final compensation on a 12 -consecutive month period in accordance with the Public Employees’ Retirement Law.

14.3 New Hires
All police officers hired on or after January 1, 2013 will automatically be subject to the provisions of the Public Employees’ Pension Reform Act (PEPRA). Exceptions would be lateral transfers enrolled in PERS prior to January 1, 2013 who have not had a six month or greater break in PERS service.

14.4 Retiree Health Benefit
(a) Employees Hired On or Before June 7, 2011:

To be eligible for the retiree health and dental benefits, employees hired on or before June 7, 2011 must have been employed with the City of Alameda for no less than five (5) years and must retire from the City of Alameda within 120 days of separation. Upon retirement with at least (5) five years of service, the City shall contribute up to the two -party rate for either the Kaiser or Blue Shield Bay Area health plans (whichever plan is chosen by the employee). Should an employee elect a plan other than Kaiser or Blue Shield, the maximum contribution by the City shall be an amount not to exceed the higher of the Kaiser or Blue Shield Bay Area rates and shall not exceed the cost of the elected plan. When the employee becomes eligible for Medicare, the Medicare supplement rates for Kaiser or Blue Shield will apply. For dental, the City shall provide dental benefits up to the two-party rate.

In any year in which Blue Shield is not offered, the limit to reimbursement will be the higher of either the Kaiser two-party premium or the average of all plans offered in the Reg ion or Area that Alameda County is assigned by CalPERS. The averaging of plans is limited to only the impacted categories (Non-Medicare Eligible, Retiree and Spouse one Medicare eligible, Medicare Eligible) that no longer offer Blue Shield (Basic, Combination, or Supplemental/Managed Medicare).

Two-party coverage for health and dental shall include the employee and the spouse to whom the employee is married at the time of retirement. If the employee dies during retirement, the City will provide to the surviving unmarried spouse health and dental insurance at the single-party rate. If a retired employee marries or remarries during retirement, the retiree may add the new spouse to the health or dental insurance at the retiree’s expense.

(b) Employees Hired After June 7, 2011:

To be eligible for the retiree health and dental benefits, employees hired after June 7, 2011 must have been employed by the City of Alameda for no less than ten years and must retire from the

15 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027) City of Alameda within 120 days of separation. Upon retirement with at least ten years of service, the City shall contribute up to the single -party rate for either the Kaiser or Blue Shield Bay Area health plans (whichever plan is chosen by the employee). Should an employee elect a plan other than Kaiser or Blue Shield, the maximum contribution by the City shall be an amount not to exceed the higher of the Kaiser or Blue Shield Bay Area rates and shall not exceed the cost of the elected plan. When the employee becomes eligible for Medicare, the Medicare supplement rates for Kaiser or Blue Shield will apply. At the time of retirement, the employee shall be allowed to contribute any unused vacation leave, unused compensatory leave and up to 50% of unused sick leave, into a 401(a) (h) plan subject to the IRS limitations. For dental, the City shall provide dental benefits up to the single-party rate.

Should either the Kaiser or Blue Shield plans no longer be offered, the parties shall meet and confer on a substitute provider.

Effective the first full pay period after January 1, 201 6, employees hired after June 7, 2011 shall contribute an amount equal to 2% of base salary to a supplemental retirement plan created under IRC 401(a) and 401(h) and to be invested in a way chosen by the employees. Contributions to the supplemental retirement plan shall be on a “pick up” basis as defined in IRC 414(h ) ( 2). This supplemental retirement plan allows the accrual of retiree health benefits. Contributions are divided 25% to the 401(h) or retiree health bucket, and 75% to the 401(a) or retiree income bucket. The plan will be administered by a third party administrator, Peery and Associates Inc. All plan expenses will be paid by the participants from the trust. Upon separation from service, the employee shall contribute any unused vacation leave, unused compensatory leave and any unused sick leave that has not been converted to PERS Service Credit, into the plan, subject to IRS limitations.

The City is not responsible in any way for any contribution or “pick up” to the above -described supplemental retirement plan.

(c) Eligible retirees will be placed in their own dental plan with the same structure and plan limits as that of the plan for active Association members. Changes to the active Association members’ dental plan will be implemented for the retiree dental plan in accordance with applicable law.

14.5 Other Postemployment Benefits Trust (OPEB Trust)

(a) City Contribution
The City will create an OPEB Trust for the purpose of setting aside and accumulating funds to be used to towards the payment of OPEB benefits for those sworn employees in the City’s Fire and Police Departments (“safety members”) who retire after January 1, 2019. In January 2016, the City shall make an initial deposit of $5 million dollars into the OPEB Trust. In January 2016 and in January of each of the nine years thereafter, the City shall make an annual contribution of $250,000 to the OPEB Trust. The contributions described in this paragraph represent the City’s total contribution to the OPEB Trust on behalf of all safety members and is not a specific contribution that is made exclusively for the benefit of those individuals employed in classifications represented by the APMA. If the creation of the OPEB Trust is still pending on any date on which the City’s contribution is due, the contribution shall be deposited in an interest bearing account that is separate from the City’s general fund until

16 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027) such time as the creation of the OPEB Trust is complete and the money, including any accumulated interest, can be transferred to the OPEB Trust. Contributions to the OPEB Trust, or to the interest bearing account holding funds to be transferred to the OPEB Trust upon its creation, are irrevocable and will not be used towards the payment of OPEB benefits before January 1, 2019.

At the end of the City contribution period, it is agreed that the City and Safety members will meet to evaluate the performance of the Trust and contributions of the City and safety members thereafter will be mutually agreed to, if any.

(b) Employees Hired On or Before June 7, 2011:

Effective the first full pay period after January 1, 2016, employees hired on or before June 7, 2011 shall contribute an amount equal to 2% of top step base salary of a police officer to an irrevocable trust (OPEB Trust) to fund the unfunded retiree medical obligations associated with the providing of retiree health benefits under this MOU. The contributions made by employees to the OPEB Trust shall be exclusively allocated for the expense of retiree health care benefits. There will be a one percent increase in the employee contribution towards unfunded retiree medical obligations, effective the first full pay period following the dates listed:

• Effective the first full pay period after January 1, 2017, an increase of 1%, resulting in a total employee contribution of 3% of top step base salary of a police officer. • Effective the first full pay period after January 1, 2018 and continuing thereafter until modified by subsequent agreement, an increase of 1% resulting in a total employee contribution of 4% of top step base salary of a police officer.

If the creation of the OPEB Trust is still pending on any date on which the employees’ contribution is due, the contribution will be deposited in an interest bearing account that is separate from the City’s general fund until such time as the creation of the OPEB Trust is complete and the money, including any accumulated interest, can be transferred to the OPEB Trust. Contributions to the OPEB Trust, or to the interest bearing account holding funds to be transferred to the OPEB Trust upon its creation, are irrevocable and will not be used towards the payment of OPEB benefits before January 1, 2019.

(c) Employees Hired After June 7, 2011
Effective the first full pay period after January 1, 2016, the contribution provided by employees hired after June 7, 2011 to the OPEB Trust will be equal to 1% of the top step base salary of a police officer.

Effective the first full pay period after January 1, 2017 and continuing thereafter until modified by subsequent agreement, the contribution provided by employees hired after June 7, 201 1 to the OPEB Trust will be equal to 2% of the top step base salary of a police officer.

If the creation of the OPEB Trust is still pending on any date on which the employees’ contribution is due, the contribution will be deposited in an interest bearing account that is separate from the City’s general fund until such time as the creation of the OPEB Trust is complete and the money, including any accumulated interest, can be transferred to the OPEB Trust. Contributions to the OPEB Trust, or to the interest bearing account holding funds to be

17 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027) transferred to the OPEB Trust upon its creation, are irrevocable and will not be used towards the payment of OPEB benefits before January 1, 2019.

Nothing in these provisions is intended to modify the City’s obligation to provide Retiree Health and Dental benefits outlined in Section 14.4.

Section 15. Uniform Allowance

This Section 15 shall be governed by Alameda Police Department Policy 1046 . Employees will receive uniform allowance paid on a pay period basis.

The annual uniform allowance rates will be equivalent to the terms agreed upon between the City of Alameda and Alameda Police Officers Association.

Section 16. Holidays

All employees covered by this Memorandum of Understanding shall be paid additional compensation for City recognized holidays, with no option for time off, at the rate of .075020 of their regular salaries, paid on a biweekly basis. Holiday Pay will be administered as per 2 C.C.R.

Sec 571 (a) (5).

Section 17. Vacation

17.1 Vacation Scheduling
The times during the calendar year at which an employee shall take vacation shall be determined by the City Manager or the designated representative with due regard to the wishes of the employee and particular regard to the need of the City. All employees shall, on a form provided by the City, indicate their preference for vacation periods. Preference of vacation date shall be given to employees according to their length of service in as reasonable a manner as possible.

The City will post a final vacation schedule by January 1 of each year.

17.2 Vacation Benefits
As of pay date January 7, 2022, the City converted from a per pay period based vacation accrual system to an hour for hour based accrual system with accruals earned for each hour paid. Paid hours include 4850 payments but exclude hours paid for overtime, temporary disability or paid by other sources. Every employee, on the most recent anniversary date of their employment shall be entitled on their next anniversary year to a vacation as follows:

APMA Vacation Accrual – 40 Hour Week
Years of
Service
Annual
Accrual (Days)
Annual Accrual
(Hours)
Per Pay Period
Accrual*
Hourly Accrual
Rate
0 - <2 10 80 3.0769 0.0385
2 - <3 11 88 3.3846 0.0423
3 - <4 12 96 3.6923 0.0462

18 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027) 4 - <5 13 104 4.0000 0.0500
5 - <6 18 144 5.5385 0.0692
6 - <7 19 152 5.8462 0.0731
7 - <8 20 160 6.1538 0.0769
8 - <9 21 168 6.4615 0.0808
9 - <10 22 176 6.7692 0.0846
10 - <12 23 184 7.0769 0.0885
12 - <14 24 192 7.3846 0.0923
14 - <15 25 200 7.6923 0.0962
15 - <16 26 208 8.0000 0.1000
16 - <17 27 216 8.3077 0.1038
17 - <18 29 232 8.9231 0.1115
18 - <20 31 248 9.5385 0.1192
20 - <23 33 264 10.1538 0.1269
23+ 35 280 10.7692 0.1346
*Accrual method discontinued upon implementation of Tyler Munis ERP system - Pay Date 1/7/2022

For the purposes of this section, a day is 8 hours.

17.3 Vacation Accumulation

Employees may accumulate no more than eighty (80) hours of vacation in addition to the employee's regular, annual vacation accrual entitlement, at any one time. In the event the employee reach their applicable maximum accumulation level, the employee will temporarily stop accruing vacation until they use vacation time and their accumulation level is again below the maximum level.

An employee may submit in writing a request to accumulate vacation in excess of the maximum set forth above. Such excess accumulation may be approved, at the sole discretion of the City Manager, on a case -by-case basis, based on considerations including but not limited to denial of requested vacation due to staffing concerns and inability to use vacation due to industrial injury leave.

Except as so limited, earned vacation not used may be accrued and carried over from year to year without limitation.

17.4 Vacation Sell Back

Employees may “sell back” one week of vacation once per calendar year, provided they have used two weeks of accruals in the previous 12 calendar months. Employees who have 15 years of service with the City may “sell back” an additional 40 hours once per the calendar year for a total of 80 hours.

During calendar year 2022 qualified employees will be able to sell back vacation by completing the vacation sell back form for 2022.

Effective December 2022, and during the month of December of each year thereafter, there will

19 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027) be an open enrollment period during which each bargaining unit member must make an irrevocable election to “sell back” vacation accrual the following year on the form prescribed by Human Resources. Failure to submit an irrevocable election form shall be the same as electing not to sell back vacation leave.

The employee must request the vacation sell back on the form prescribed by Human Resources.

A bargaining unit member who has elected to sell back vacation but has not done so by the first paycheck in December, will be automatically cashed out for the number of hours elected on the second paycheck in December.

If an employee elects to “sell back” vacation but has not used two weeks of vacation accruals in the previous 12 month their sell back request will not be fulfilled.

These payments do not meet the definition of compensation earnable and special compensation under Government Code section 20636 and are non-PERSable compensation.

Employees are responsible for any tax consequences of the vacation “sell-back”.

The City may suspend this program due to budget constraints during economic downturns that result in reductions in force and separation of existing employees due to insufficient funding.

17.5 Excess Accumulation
Vacation earned on a pay period basis will be credited toward the employees regular, active vacation balance.

Section 18. Sick Leave

18.1 Sick Leave Benefits
Effective pay date January 7, 2022 the City will convert its sick leave accumulation system from a per pay period based accrual to an hour for hour based accrual system with accruals earned for each hour paid. Paid hours include 4850 payments but exclude hours paid for overtime, temporary disability or paid by other outside sources.

Employees shall accrue at the following rate:

Standard
Work
Week
Annual Accrual
(Days)
Annual
Accrual
(Hours)
Per Pay Period
Accrual*
Hourly Accrual
Rate
40 Hours 12 96 3.6923 .04615
*Accrual method discontinued upon implementation of Tyler Munis ERP system Earned sick leave not used may be accrued and carried over from year -to-year without limitation.

Sick leave usage shall not be considered as a privilege which an employee may use at his or her discretion, but shall be allowed only in case of necessity of actual sickness or disability. Sick leave shall be charged for only those hours when the employee was absent from work. In no event shall sick leave be converted into a cash bonus. Sick leave may not be used before it is earned.

At retirement, the City provides for additional service credit for unused sick leave through Section 20862.8 of the California Government Code.

20 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027)

18.2 Notification Requirement
In order to receive compensation when absent on sick leave, the employee shall notify his or her immediate supervisor one-half (1/2) hour prior to the scheduled time for beginning his or her work duties of his or her impending absence.

18.3 Doctor's Certificate or Other Proof
To the extent permitted by law and at any time after an employee has used at least fifty percent (50%) of their annual sick leave accrual in a calendar year, they may be required to file a doctor's certificate or an advice nurse statement certifying that they are not able to perform the duties of employment;

18.4 Family Sick Leave
Except as provided below, an employee may use up to one -half of their annual sick leave accrual in any calendar year to attend to the illness of a child, parent, spouse or domestic partner.

Where an employee is on an approved protected leave ( FMLA/CFRA related to a family illness), they may use up to 12 work weeks of sick leave to care for the family member. For example an employee who works 40 hours per week will be entitled to use 480 hours of sick leave while on an approved family related protected leave to care for their family member. The employee will be required to provide leave related documentation as requested by the City.

Where an employee is on an approved protected leave for the purpose of Baby Bonding, the employee may use up to ten work weeks of sick leave. For example, a 40 hour employee may use up to 400 hours of sick leave while on an approved protected leave for the purpose of Baby Bonding.

Section 19. Leaves of Absence

19.1 Leave Without Pay
The City Manager may grant regular employees a leave of absence without pay. No leave shall be granted except upon written request of the employee. Such requests shall be submitted to the City Manager. Such leaves shall normally be granted to permit the employee to engage in activities that will increase his or her value to the City upon return, or because of sickness, injury or personal hardship. Employee may not be granted a leave of absence until all accrued vacation is taken. Failure on the part of an employee on leave to report promptly at its expiration shall result in dismissal of the employee. Vacation and sick leave credits shall not accrue to an employee on leave of absence. The decision of the City Manager on granting or refusing to grant a leave of absence or extension thereof shall be final and conclusive and shall not be subject to the grievance procedure of this Memorandum of Understanding.

19.2 Jury Duty
An employee summoned to jury duty shall inform his or her supervisor and, if required to serve, may be absent from duty with full pay only for those hours required to serve.

19.3 Military Leave of Absence
The provisions of the Military and Veterans Code of the State of California shall govern military leave of City employees.

21 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027)

19.4 Maternity Leave/Family Leave
Maternity Leave shall be subject to applicable federal and state laws.

Family Leave
Family Leave shall be subject to applicable federal and state laws.

19.5 Industrial Disability Leave
Employees who suffer any disability arising out of and in the course of their employment, as defined by the Workers' Compensation Laws of the State of California, shall be entitled to disability leave while so disabled for the period of such disability to a maximum of one (1) year or retirement, whichever occurs first. Compensation benefits shall be determined and paid in accordance with the Workers' Compensation Laws of the State of California. Integration of sick leave with Workers' Compensation is to be automatic; the City may not waive integration, and any employee entitled to Workers' Compensation must apply, therefore, before sick leave benefits are payable.

19.6 Funeral Leave
In the event of a death in the immediate family of an employee who has one (1) or more years of uninterrupted service with the City, the employee shall, upon request, be granted such time off with pay as is necessary to make arrangements for the funeral and attend same, not to exceed three (3) regularly scheduled working day. [Five (5) days for the purposes of spouse, parent or child.] This provision does not apply if the death occurs during the employee's paid vacation or while the employee is on leave of absence, layoff, or sick leave.

For the purpose of this provision, the immediate family shall be restricted to father, mother, any persons sharing the relationship of in loco parentis, brother, sister, niece, nephew, aunt, uncle, spouse, child, domestic partner, mother -in-law, father-in-law, grandparents, grandchildren, step- parent and stepchild where there is a child -rearing relationship, or step -sibling, or any living persons in the immediate household of the employee . At the request of the City, the employee will furnish a death certificate and proof of relationship.

For persons not listed as an immediate family member, employees may use other available accrued leave as is necessary to make arrangements for the funeral and attend same, not to exceed three (3) regularly scheduled working days.

Funeral leave applies only in instances in which the employee attends the funeral, or is required to make funeral arrangements, but is not applicable for other purposes such as settling the estate of the deceased.

19.7 Catastrophic Leave Bank
The City agrees to establish a Catastrophic Leave Bank to assist employees who have exhausted accrued leave time due to a serious or catastrophic illness or injury. The Catastrophic Leave Bank (CLB) will allow the bargaining unit employees to donate time to affected employees within and outside the unit, so that he/she can remain in a paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury or condition. This donated time will be placed in a CLB and drawn down from the CLB by the eligible employee.

Eligibility

22 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027) To be eligible for this benefit, the receiving employee must: 1) Be a regular full -time employee, 2) Have sustained or have an immediate family member who has sustained a life threatening or debilitating illness, injury or condition which may require confirmation by a physician, 3) Have exhausted all accumulated paid leave including vacation, holiday, sick leave, and/or compensatory time off, 4) Be unable to return to work for at least 30 days or in the case of the condition affecting the immediate family member, that member must be in need of prolonged and significant personal care; and 5) Conformed with the requirements of the Family Medical Leave Act and/or Worker's Compensation.

Benefits
Accrued vacation and compensatory time off hours donated by other employees will be converted to sick leave and credited to the receiving employee's sick leave time balance on an hour -for-hour basis and shall be paid at the rate of pay of the receiving employee. For as long as the receiving employee remains in a paid status, seniority, and all other benefits will continue, with the exception of sick leave and vacation accrual. The total leave credits received by an employee will not normally exceed three months. However, if approved by the Department Head and the Human Resources Director the total leave credits may be extended on a case by case basis, subject to review by the City Manager or designee.

Guidelines for Donating Leave Credits to the Time Bank
a. Accrued vacation leave and compensatory time off may be donated by any regular full - time employee who has completed his/her initial City probationary period.

b. Time donated will be converted from vacation or compensatory time to sick leave hours and credited to the receiving employee's sick leave balance on an hour for hour basis and shall be paid at the rate of pay of the receiving employee.

c. The total amount of time donated to one employee by another employee shall not exceed forty (40) hours. The total leave credits received by the employee shall not exceed three months; however, the Human Resources Director may approve an extension to six months total time.

d. Initial leave time donations must be a minimum of one work shift. An employee cannot donate leave hours that would reduce his/her vacation balance to less than one week.

e. The use of donated leave hours will be in consecutive one-shift increments.

f. While an employee is on leave using donated leave hours, no vacation or sick leave hours will accrue.

g. Under all circumstances, time donations received for the employee are forfeited once made by the employee making the donation. In the event that the receiving employee does not use all transferred leave for the catastrophic illness/injury, any balance will remain with that employee until that employee's separation from City service.

h. Taxability of leave donated or received under this program will be governed by Internal Revenue Service guidelines.

i. For the purpose of the Section, "immediate family member" as referenced under

23 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027)

j. Under extenuating and extraordinary circumstances and upon recommendation of the Human Resources Director the City Manager may grant exceptions on a case-by-case basis. Such exceptions shall not establish practice or precedence.

It is further understood that Catastrophic Leave will not apply to employees receiving Workers Compensation or SDI benefits. These issues are under legal review and may require further explanation and amendment.

19.8 Incentive Program for Employees Not Using Sick Time Effective July 1, 2025, the Sick Leave Incentive Program will be discontinued.

Members who have not used sick time between January 1, 2025, and June 30, 2025, shall be granted 20 hours of “leave time” in July 2025. Leave hours provided must be used no later than the last pay date in December 2025 or they will be forfeited.

19.9 Administrative Leave Bank Benefit

APMA members will receive 123.5 hours of “Administrative Leave” to be used during the calendar year. These hours cannot be carried over from year to year. Any hours not used within the calendar year will be lost and cannot be cashed out. 61.75 hours will be placed in each member’s Administrative Leave Bank on January 1 st and July 1 st of each year and illustrated on their paystub.

This provision replaces the previous Holiday Leave Bank benefit in previous MOUs.

Section 20. Probationary Period

All original and promotional appointments shall be subject to a probationary period. The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work for securing the most effective adjustment of a new employee to his or her position and for rejecting any probationary employee whose performance does not meet the required standards of work.

The probationary period is twelve (12) months. Six months if a promotional appointment.

Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which he or she was promoted, unless he or she is discharged.

Section 21. Layoff and Reemployment -- Furloughs

In reduction of forces, the last employee hired shall be the first employee laid off, and in rehiring, the last employee laid off shall be the first employee rehired until the list of former employees is exhausted; provided that the employee retained or rehired is capable, in the opinion of the City, to perform the work required. An employee laid off from City service prior to being rehired must pass the physical examination administered by a City -appointed physician and must pass the background check administered by the Police Department. The names of employees laid off shall be placed on a Reemployment Eligible List as hereinafter specified.

24 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027)

Layoffs shall be made in the inverse order of Department seniority. When a promotional reduction is made in the Police Department, demotions shall be made in the inverse order of seniority in classification. An employee being demoted shall be placed in the classification he or she last held prior to the classification from which he or she is being demoted. Time spent in the higher classification shall be treated as seniority time in the lower classification to which the employee is demoted for purposes of calculating seniority in that lower classification.

The Reemployment Eligible List shall consist of the names of employees and former employees having probationary or permanent status who were laid off in that classification. The rank order on such list shall be determined by relative seniority as specified above. Such list shall take precedence over all other eligible lists in making appointments to the classification in which the employee worked.

The name of any person laid off shall continue on the appropriate Reemployment Eligible List for a period of three (3) years after it is placed thereon. The names of any eligible employees on a Reemployment Eligible List shall be automatically removed from said list at the expiration of the appropriate period of eligibility.

Service with the City shall be terminated by discharge, resignation, or twelve (12) consecutive months of unemployment with the City.

An employee who is laid off shall not accrue or be eligible for any benefits, including but not limited to vacation, sick leave, holidays, medical, dental, life insurance, retirement contributions and uniforms. Any employee reemployed after a layoff shall retain all vacation and sick leave accruals that the employee did not receive compensation for at the time of layoff.

Section 22. Discharge or Discipline

22.1 Right of Discharge or Discipline
The City shall have the right to discharge or discipline any employee for dishonesty, insubordination, drunkenness, incompetence, willful negligence, failure to perform work as required or to observe the Department's safety and house rules and regulations which must be conspicuously posted and not in derogation of the Memorandum of Understanding, or for engaging in strikes, individual or group slowdowns or work stoppages, or refusal to accept overtime, or for violating or ordering the violation of the Memorandum of Understanding.

22.2 Appeals
If an employee feels he or she has been unjustly discharged, he or she shall have the right to appeal his or her case through the appropriate procedure (Section 24.5). Such appeal must be filed with the City Manager or the Civil Service Board by the employee in writing within five (5) working days from the date of discharge and unless so filed the right of appeal is lost.

Any discharged employee shall be furnished the reason for his or her discharge in writing.

Section 23. Personnel Files

An employee or his or her representative, on presentation of written authorization from the employee, shall have access to the employee's personnel file on request. The City shall furnish

25 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027) the employee copies of all performance evaluation reports and letters of reprimand or warning prior to placement of such documents into the employee's personnel file. The employee may be required to acknowledge the receipt of any document entered into his or her personnel file without prejudice to subsequent arguments concerning the contents of such documents.

Section 24. Grievance Procedure

A grievance shall be defined as any dispute arising during the term of the Memorandum of Understanding which involves the interpretation or application of any provision of this Memorandum of Understanding during its terms, excluding all ordinances, resolutions, rules and regulations, the subject of which is not specifically covered by the provisions of this Memorandum.

Such excluded ordinances, resolutions, rules and regulations shall not be subject to the Grievance Procedure.

24.1 Initial Discussions
Any employee who believes that he or she has a grievance may discuss his or her complaint with the top management official in the Police Department or with such subordinate management official as the Chief of Police may designate. If the issue is not resolved within five (5) working days in the Department, or if the employee elects to submit his or her grievance directly to an official of the employee organization which is formally recognized as the representative of the classification to which he or she is assigned, the procedures hereafter specified may be invoked.

24.2 Referral to City Manager
Any employee or any official of the employee organization which has been formally recognized by the City and which has jurisdiction over any position directly affected by the grievance may notify the City Manager and Chief of Police in writing that a grievance exists, and in such notification, state the particulars of the grievance and, if possible, the nature of the determination which is desired. No grievance may be processed under subsection 24.3 below which has not first been heard and investigated in pursuance of subsection 24.1. A grievance which remains unresolved thirty (30) calendar days after it has been submitted in writing may be referred to the Adjustment board.

Any time limit may be extended to a definite date by mutual agreement of the Association and the appropriate management representative.

24.3 Adjustment Board
In the event the Association and the City are unable to reach a mutually satisfactory accord on any grievance (as the term "grievance" is hereinabove defined) which arises and is presented during the term of the Memorandum of Understanding, such grievance shall be submitted to an Adjustment board comprised of three (3) employee representatives, and three (3) representatives of the City. The Association shall be an indispensable party to any grievance which is submitted to the Adjustment Board. Any party desiring an official transcript of the Adjustment Board hearing shall bear the cost of same.

If an Adjustment Board is unable to arrive at a majority decision, either the grievant, the Association or the City may request that the grievance be referred to the City Manager, or arbitration.

No Adjustment Board of Arbitrator shall entertain, hear, decided or make recommendations on

26 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027) any dispute involving a position over which a recognized employee organization has jurisdiction unless such dispute falls within the definition of a grievance as hereinabove set forth in the first paragraph of this section.

Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be grievable and no proposal to modify, amend or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposal, may be referred for grievance under this Section; and no Adjustment Board or Arbitration shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.

No changes in the Memorandum of Understanding or interpretations thereof will be recognized unless agreed to by the City Manager and the Association.

24.4 City Manager and Arbitration
If the grievance is not resolved at the previous step, the grievant, the Association, or the City may, after completion of the previous step in the grievance procedure, submit the grievance directly to the City Manager or may request arbitration. If arbitration is requested, representatives of the City and the Association shall meet promptly to select a mutually acceptable arbitrator. A hearing before the arbitrator shall be held as soon as practical, and the arbitrator shall render a decision which shall be advisory to the City Manager. If the City Manager declines to follow the arbitrator's decision, he or she shall state his or her reasons for doing so in writing. The cost of arbitration shall be borne equally by the City and the Association.

24.5 Matters excluded from the Grievance Procedure of the Memorandum of Understanding Employee disciplinary matters, and in those cases where the matter concerns any rule or policy or administrative procedure of the City contained in the City Charter, the Civil Service Ordinance, or the Civil Service Rules and Regulations which are adopted pursuant to the City Charter, which provisions pertain to discharge, discipline, and examination and promotion procedures, the appeal procedures contained therein shall be utilized.

24.6 Disciplinary Action
No grievance involving the discharge or suspension of an employee will be entertained unless it is filed in writing by the employee with the City Manager or Civil Service Board within five (5) working days from the date of the notification of the action.

24.7 Pay Claims
All complaints involving or concerning payment of compensation shall be filed in writing and no adjustments shall be retroactive for more than thirty (30) days from the date of filing.

Section 25. Outside Employment

No full -time employee shall engage in employment that constitutes a conflict of interest for the employee or the City. No employee shall engage in outside employment during his/her regular working hours. No uniform, emblem, badge or other employee identification shall be worn by any person while in the employment of someone other than the City. All requests by the employee for permission to engage in outside employment shall be made on a form provided by the City. No employee shall accept or continue employment from other than the City of Alameda without the

27 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027) approval of the City Manager.

Section 26. Miscellaneous

26.1 Residence
Employees may reside within the City, or within a geographical area located in and limited to an area which permits a time of response, using the most direct and feasible surface route in compliance with the legal vehicular speed limits, from place of residence to place of work not exceeding fifty (50) minutes.

26.2 Compensation of Property Damaged in the Course of Employment The City shall compensate an employee up to $100 per year for the repair or replacement of a watch damaged in the course of the performance of the employee's duties with the City of Alameda and replace in kind an employee's glasses damaged or broken in the course of the performance of the employee's duties with the City of Alameda and shall abide by General Order 80-40 (Reimbursement For Damaged Items In Line of Duty).

26.3 Safety Glasses
The City policy of paying for the tempering of lenses when officers are required to wear prescription eyeglasses in accordance with State Law is modified to provide that this policy shall apply to one pair of regular eyeglasses and one pair of prescription sunglasses, and that additional payment for tempering shall be made whenever lenses must be replaced, due to their being damaged in a job connected activity, or any prescription changes.

26.4 Safety Equipment
The initial safety equipment allowance granted a newly hired safety officer will be $750 to include firearm, holster and leather gear, and Department required regulation rain gear, and flashlight.

If an employee leaves Police Department sworn employment during the first year, the employee shall reimburse the City $500, during the second year $250.

The City shall provide at City expense to every officer a soft body armor vest. Every officer while assigned to uniformed patrol/operations shall as a condition of employment wear such vest.

City will replace soft body armor vests based upon manufacturing recommendations and range master approval.

26.5 Drug Free Work Place
The parties agree to the City's Drug Free Work Place Policy.

26.6 Seat Belts
The parties agree that during the course of their employment employees will wear seat belts.

26.7 Desirable Qualifications for Promotion
The parties agree that the following are desirable qualifications for promotion:

Sergeant Associate degree or 60 units
toward a Bachelor degree

28 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027) Lieutenant Bachelor degree

Captain Bachelor degree

Chief Advanced degree and graduation
from POST Command College

26.8 Bilingual Pay
In accordance with the City's Bilingual Pay Policy, the Police Department will designate the languages to which the pay will apply and assign employe es accordingly. The Bilingual Pay differential is 100 per month.

26.9 “Exclusive Use” City Vehicles
Effective upon ratification, as of January 1, 2013, all APMA members will be assigned an “Exclusive Use” City vehicle in accordance with Administrative Policies and Procedures regarding “Vehicle and Equipment Use Maintenance Policy.” The use of these vehicles includes necessary service, maintenance, and City gasoline for City business use subject to City policies and practices. These vehicles will be marked.

The members will comply with the City’s Vehicle Use Policy, which will be updated and amended.

The vehicle use policy will reflect the following three points:

1. The cars will be used exclusively for official City business. The cars may be used while off- duty, if the member is in an on-call capacity and is subject to be recalled to work at any moment. Members are cautioned that under federal and local tax rules, personal use of a City vehicle may create an income tax liability for the member. Questions regarding tax rules should be directed to the member’s tax advisor.

2. Employees issued vehicles will keep a mileage log that can be audited at any time by the Chief of their respective division or by the City Manager or his or her designee.

3. An unexcused violation of the Vehicle Use Policy will result in disciplinary action, up to and including termination.

Section 27. Separability of Provisions

Should any section, clause or provision of this Memorandum of Understanding be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this Memorandum of Understanding. Upon such invalidation the parties agree to meet and confer concerning substitute provisions rendered or declared illegal.

Section 28. Past Practices an Existing Memoranda of Understanding

28.1 Continuance of working conditions and practices not specifically authorized by ordinance or resolution of the City Council is not guaranteed by this Memorandum of Understanding.

28.2 This Memorandum of Understanding shall supersede all existing Memoranda of Understanding between the City and the Association.

29 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027)

SIGNATURE PAGE

MEMORANDUM OF UNDERSTANDING

Between

CITY OF ALAMEDA
And

ALAMEDA POLICE MANAGERS ASSOCIATION

July 1, 2025 – June 30, 2027

ALAMEDA POLICE

MANAGERS ASSOCIATION CITY OF ALAMEDA

By _________________________ By ___________________________ Joshua Crossley
Jennifer Ott,
City Manager

By_________________________
Brian Foster
APPROVED AS TO FORM:

By___________________________
Douglas W. McManaway
Assistant City Attorney I

30 MOU-City of Alameda & Alameda Police Managers Association (7-1-2025 to 6-30-2027)

APPENDIX “A” – SALARY SCHEDULE

APPENDIX B

APPENDIX B

APPENDIX B

APPENDIX B

APPENDIX B