Agenda packet — Barstow City Council, January 6, 2026

BARSTOW CITY COUNCIL /

BARSTOW FIRE PROTECTION DISTRICT

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JANUARY 6, 2026
6:30 PM
(HANDICAPPED ACCESSIBLE)
AGENDA

JOINT SPECIAL MEETING
Agenda-January 6, 2026

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MAYOR
Timothy R. Silva

COUNCILMEMBERS
Carmen M. Hernandez
James M. Noble
Barbara Mae Rose
John “Tex” Williams

ELECTED CITY CLERK
Andrea Flores

ELECTED CITY TREASURER
Michael Lewis

PLANNING COMMISSIONERS
Juanantonio DeLucas
Paul Niemeyer
Andrew Ziemer
Beatrice Lint
Ted Weasma

BARSTOW FIRE PROTECTION

DISTRICT
A Subsidiary District of the City of
Barstow
Timothy R. Silva
Carmen M. Hernandez
James M. Noble
Barbara Mae Rose
John “Tex” Williams
CALL TO ORDER - CLOSED SESSION 6:30PM
PLEDGE OF ALLEGIANCE:

ROLL CALL:
 Council Member Carmen Hernandez
 Council Member James Noble
 Council Member John “Tex” Williams
 Mayor Pro Tem Barbara Rose
 Mayor Timothy Silva
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY

ITEM ON THE AGENDA, PLEASE SO INDICATE BY FILLING OUT A

SPEAKER REQUEST CARD AND HANDING IT TO THE CITY
CLERK PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF
SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS
NOTICE MUST BE GIVEN TO THE CITY CLERK.

CODE OF ETHICS: AS YOUR ELECTED GOVERNING BOARD WE
WILL REMEMBER THE "CODE OF ETHICS" THAT WE
VOLUNTARILY AND UNANIMOUSLY APPROVED. DURING THIS

MEETING WE WILL TREAT EACH OTHER AND THE PUBLIC WITH
PATIENCE, CIVILITY, AND COURTESY. THE DECISIONS MADE

TONIGHT WILL BE FOR THE BENEFIT OF THE BARSTOW
COMMUNITY AND NOT FOR PERSONAL GAIN.

Agenda-January 6, 2026

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PUBLIC COMMENT - CLOSED SESSION: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC

TO ADDRESS THE GOVERNING BOARD ON MATTERS ON THE CLOSED SESSION AGENDA AND WITHIN THE CITY’S JURISDICTION. SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

PUBLIC COMMENT - CLOSED SESSION:

CLOSED SESSION AGENDA ITEMS:

1. CONFERENCE WITH LABOR NEGOTIATORS
Conference with Labor Negotiators (Gov. Code § 54957.6) City & District Negotiators: City Manager/District Manager Rochelle Clayton Employee Organizations:

All Unrepresented Employees
REPORT OF CLOSED SESSION:

CALL TO ORDER - REGULAR MEETING 7:00 PM (or immediately following adjournment of Closed Session if adjourned after 7:00 PM):

INVOCATION:

PLEDGE OF ALLEGIANCE:

ANY ITEM ON THE CONSENT CALENDAR, PLEASE SO INDICATE BY FILLING OUT A SPEAKER REQUEST CARD AND HANDING IT TO THE CITY CLERK. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

CODE OF ETHICS: AS YOUR ELECTED GOVERNING BOARD WE WILL REMEMBER THE "CODE OF ETHICS" THAT WE VOLUNTARILY AND UNANIMOUSLY APPROVED. DURING THIS MEETING WE WILL TREAT EACH OTHER AND THE PUBLIC WITH PATIENCE, CIVILITY, AND COURTESY. THE DECISIONS

MADE TONIGHT WILL BE FOR THE BENEFIT OF THE BARSTOW COMMUNITY AND NOT FOR PERSONAL GAIN.

REVIEW AND APPROVAL OF AGENDA: THIS IS THE TIME FOR MEMBERS OF THE GOVERNING BOARD TO CALL FOR REARRANGING THE ORDER OF THE AGENDA; ADDING ITEMS TO OR REMOVING ITEMS FROM THE AGENDA; OR REMOVING ITEMS FROM THE CONSENT CALENDAR FOR DISCUSSION AND/OR SEPARATE ACTION. ITEMS MAY ONLY BE ADDED TO THE AGENDA AS ALLOWED BY STATE LAW, INCLUDING GOVERNMENT CODE SECTION 54954.2, SUBDIVISION (B),

ALLOWING EMERGENCY ITEMS TO BE ADDED BY MAJORITY VOTE AND ALLOWING ITEMS THAT AROSE TO THE CITY’S ATTENTION AFTER THE AGENDA POSTING DEADLINE, BUT WHICH REQUIRE

IMMEDIATE ACTION, TO BE ADDED BY A TWO-THIRDS VOTE OF THE COUNCIL MEMBERS PRESENT

AT THE MEETING, OR, IF LESS THAN TWO-THIRDS OF THE COUNCIL MEMBERS ARE PRESENT, A UNANIMOUS VOTE OF THOSE MEMBERS PRESENT.

Agenda-January 6, 2026

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PRESENTATIONS: NONE
GENERAL, NON-AGENDA PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL

PUBLIC TO ADDRESS THE GOVERNING BOARD ON MATTERS NOT ON THE AGENDA AND WITHIN THE CITY’S JURISDICTION. SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

PUBLIC HEARINGS: NONE
CONSENT CALENDAR PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE GOVERNING BOARD ON ALL MATTERS ON THE CONSENT CALENDAR.

SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS ON ALL CONSENT ITEMS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

MINUTES ALL AGENCIES:

2. MINUTES OF THE JOINT SPECIAL MEETING - DECEMBER 2, 2025 AT 6:00 P.M.

Recommended Action:

Approve minutes as presented.

ACCOUNTS PAYABLE ALL AGENCIES: NONE
CITY COUNCIL:

3. APPROVAL OF A LETTER OF SUPPORT FOR BARSTOW COMMUNITY COLLEGE’S

PARTICIPATION IN THE INLAND EMPIRE HIGH TECH COLLABORATIVE UNDER THE

CALIFORNIA JOBS FIRST REGIONAL INVESTMENT INITIATIVE
Recommended Action:

Approve and authorize the Mayor and City Manager to sign a Letter of Support on behalf of the City of Barstow in support of Barstow Community College’s participation in the Inland Empire High Tech Collaborative project cluster under the California Jobs First Regional Investment Initiative.

4. APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN BARSTOW POLICE OFFICERS' ASSOCIATION AND THE CITY OF BARSTOW FOR THE TERM OF JULY 1, 2025- JUNE 30, 2026
Recommended Action:

Staff recommends Council approve the Memorandum of Understanding between the City of Barstow and the Barstow Police Officers' Association for contract term 7/1/25-6/30/26, and authorize the City Manager to sign the clean copy of the Memorandum of Understanding.

5. ADDENDUM TO MEMORANDUM OF UNDERSTANDINGS- TEAMSTERS UNIT 1 & 2 FOR CONTRACT TERM 7/1/25-6/30/26 AND MANAGEMENT ASSOCIATION UNIT 6 CONTRACT TERM 7/1/22-6/30/25
Recommended Action:

Staff is requesting Council approve the addition of the classifications listed above, to be added to the MOU between the Management Association and the City of Barstow for the contract term of July 1, 2022 - June 30, 2025. Staff is also recommending Council approve the correction to Article 28: Uniforms, Safety Boots, and Safety Equipment for the MOU's Unit 1 & Unit 2 between Teamsters and the City of Barstow.

Agenda-January 6, 2026

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6. AMENDMENTS TO THE BARSTOW MANAGEMENT EMPLOYEES ASSOCIATION MEMORANDUM OF UNDERSTANDING 22/25, AND CORRECTION TO THE CITY OF

BARSTOW AND TEAMSTERS MEMORANDUM OF UNDERSTANDING FOR CONTRACT TERM 25/26
Recommended Action:

1. Staff is recommending Council approve to amend and add the classifications listed above and the language regarding the six percent for all employees hired prior to July 1, 2010 to the Memorandum of Understanding between The City of Barstow and The Barstow Management Employees' Association for contract term 22/26,

2. Staff is also recommending to amend the Memorandum of Understanding between The City of Barstow and Teamsters Local 1932 for the contract term of 25/26 by adding the language above to Article 28: UNIFORMS, SAFETY BOOTS, AND SAFETY EQUIPMENT.

DISCUSSION / ACTION ON DEFERRED ITEMS: (ITEMS PREVIOUSLY TABLED OR PULLED FROM THE

CONSENT CALENDAR BY THE COUNCIL WILL BE CONSIDERED BY THE GOVERNING BOARD AT THIS TIME).

BUSINESS / ACTION ITEMS:

7. DISCUSSION AND DIRECTION REGARDING A COMMUNITY CELEBRATION FOR THE BARSTOW AZTECS’ 2025 CIF STATE DIVISION 4AA FOOTBALL CHAMPIONSHIP AND

ADOPT A RESOLUTION TEMPORARILY CLOSING CERTAIN CITY STREETS TO FACILITATE A COMMUNITY CELEBRATION HONORING THE BARSTOW AZTECS’ 2025 CIF STATE DIVISION 4AA FOOTBALL CHAMPIONSHIP
Recommended Action:

1. Provide direction to staff regarding the format and scope of a community celebration recognizing the Barstow Aztecs’ 2025 CIF State Division 4AA Football Championship, and adopt a resolution authorizing the temporary closure of City streets for a parade route to be determined by the City Manager, in coordination with the Barstow Police Department and Public Works; and waive the full reading.

FIRE PUBLIC SAFETY UPDATE:

COUNCIL COMMITTEE REPORTS:

BUSINESS OF THE COUNCIL:

STAFF REPORTS:

CITY MANAGER UPDATES:

ADJOURNMENT:

Individuals electing to later challenge any items listed herein will be limited to addressing only those issues raised at any public hearing or in written correspondence received by the Governing Board prior to the meeting.

Materials related to an item on this Agenda submitted to the Governing Board after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 220 East Mountain View Ste. A, Barstow, CA 92311 during normal business hours.

The City of Barstow, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or participate in the City meeting due to disability, to please contact the City Clerk’s Office (760) 255-5122, at least one business day prior to the scheduled meeting to ensure that we may assist you.

Agenda-January 6, 2026

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I hereby certify, UNDER PENALTY OF PERJURY that this agenda has been posted 72 hours prior to the stated meeting in a place accessible to the public.

Posted on the 23RD day of December, 2025.

Approved:
________________________
Rochelle Clayton, City Manager
Joint Special Council/BFPD
01/6/26 06:30:PM
Maribel Hernandez
Doc ID: 6248

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LABOR NEGOTIATORS
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

RECOMMENDED ACTION:

Conference with Labor Negotiators (Gov. Code § 54957.6) City & District Negotiators: City Manager/District Manager Rochelle Clayton Employee Organizations:

All Unrepresented Employees
1 Packet Pg. 6
Joint Special Council/BFPD
01/6/26 06:30 PM
City Clerk / Records
Maria Chavez
Other
Doc ID: 6244

AGENDA ITEM
AGENDA MATTER:

MINUTES OF THE JOINT SPECIAL MEETING - DECEMBER 2, 2025 AT 6:00 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
2 Packet Pg. 7

BARSTOW CITY COUNCIL /

BARSTOW FIRE PROTECTION DISTRICT

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
DECEMBER 2, 2025
6:00 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

JOINT SPECIAL MEETING
Minutes-December 2, 2025

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CALL TO ORDER - CLOSED SESSION:

MAYOR SILVA called the closed session meeting to order at 6:00 PM.

PLEDGE OF ALLEGIANCE:

COUNCIL MEMBER NOBLE led in the Pledge of Allegiance.

ROLL CALL:

Attendee Name Title Status Arrived
James M. Noble Council Member Present
Barbara Mae Rose Mayor Pro Tem Present
John Williams Council Member Present
Carmen Hernandez Council Member Present
Timothy Silva Mayor Present
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA, PLEASE

SO INDICATE BY FILLING OUT A SPEAKER REQUEST CARD AND HANDING IT TO THE CITY CLERK PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

CODE OF ETHICS: AS YOUR ELECTED GOVERNING BOARD, WE WILL REMEMBER THE "CODE OF ETHICS" THAT WE VOLUNTARILY AND UNANIMOUSLY APPROVED. DURING THIS MEETING WE WILL TREAT EACH OTHER AND THE PUBLIC WITH PATIENCE, CIVILITY, AND COURTESY. THE DECISIONS

MADE TONIGHT WILL BE FOR THE BENEFIT OF THE BARSTOW COMMUNITY AND NOT FOR PERSONAL GAIN.

PUBLIC COMMENT - CLOSED SESSION: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC

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SPEAKERS:

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Commended staff for the lighting in front of City Hall.

MOTION TO GO INTO CLOSED SESSION:

RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Council Member
AYES: Noble, Rose, Williams, Hernandez, Silva
CLOSED SESSION AGENDA ITEMS:

1. CONFERENCE WITH LABOR NEGOTIATORS
Recommended Action:

Conference with Labor Negotiators (Gov. Code § 54957.6) City & District Negotiators: City Manager/District Manager Rochelle Clayton Employee Organizations:

Unit 3 - Barstow Police Officers’ Association
Unit 5 - Barstow Professional Firefighters Association
All Unrepresented Employees

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GOV. CODE § 54956.8) Recommended Action:

Conference with Real Property Negotiator (Gov. Code § 54956.8) Property: 555 Melissa Ave, Barstow, CA 92311
Agency Negotiators: Rochelle Clayton, City Manager
Negotiating Party: Barstow Senior Citizen Center
Under Negotiation: Price and Terms of Agreement
REPORT OF CLOSED SESSION:

CITY ATTORNEY MATTHEW SUMMERS reported the following:

The council met in closed session to discuss two items:
- Item 1: Conference with labor negotiators for Units 3, 5, and all unrepresented employees. Direction was provided to staff and counsel, with no reportable action taken. - Item 2: Conference with real property negotiators regarding the Barstow Senior Citizen Center.

Direction was provided to staff and counsel, with no reportable action taken.

INVOCATION:

PASTOR BOBBY BRATTON from GIDEONS gave the invocation
CALL TO ORDER - REGULAR MEETING 7:00 PM (or immediately following adjournment of Closed Session if adjourned after 7:00 PM):

MAYOR SILVA called the meeting to order at 7:00 PM
PLEDGE OF ALLEGIANCE:

BARSTOW HIGH SCHOOL STUDENTS SIERRA GUTIERREZ, RAYNA HILL, DELILAH ORTIZ, and ALLISON MOORMAN led in the Pledge of Allegiance

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Attachment: 12.02.2025 Minutes Final (6244 : Minutes of the Joint Special Meeting December 2, 2025 6:00 PM) Minutes-December 2, 2025

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ROLL CALL:

MADE TONIGHT WILL BE FOR THE BENEFIT OF THE BARSTOW COMMUNITY AND NOT FOR PERSONAL GAIN.

ALLOWING EMERGENCY ITEMS TO BE ADDED BY MAJORITY VOTE AND ALLOWING ITEMS THAT AROSE TO THE CITY’S ATTENTION AFTER THE AGENDA POSTING DEADLINE, BUT WHICH REQUIRE

IMMEDIATE ACTION, TO BE ADDED BY A TWO-THIRDS VOTE OF THE COUNCIL MEMBERS PRESENT

AT THE MEETING, OR, IF LESS THAN TWO-THIRDS OF THE COUNCIL MEMBERS ARE PRESENT, A UNANIMOUS VOTE OF THOSE MEMBERS PRESENT.

RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Council Member
AYES: Noble, Rose, Williams, Hernandez, Silva
PRESENTATIONS:

None.

GENERAL, NON-AGENDA PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL

JOHN GARNER, BARSTOW, CALIFORNIA
- Editor of the Barstow Citizens apologized for a post he made regarding the Christmas tree lighting event, which conflicts with the Barstow Football event scheduled for Friday, December 5, 2024.

THERESA TANK, BARSTOW, CALIFORNIA
- Requested clarification regarding the total cost of the animal shelter project.

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Attachment: 12.02.2025 Minutes Final (6244 : Minutes of the Joint Special Meeting December 2, 2025 6:00 PM) Minutes-December 2, 2025

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JESSE ELLEDGE, BARSTOW, CALIFORNIA
- Expressed concerns about the surveillance cameras being installed around town, noting that these were put up by a private company named Flock, and raised issues regarding the company's work ethics.

ET SNELL, BARSTOW, CALIFORNIA
- Spoke about code enforcement, stating that the department needs to be restructured, and expressed disagreement with Muslim ideals in America.

ANNA FUZIE, BARSTOW, CALIFORNIA
- Thanked the city of Barstow and all the volunteers for the Thanksgiving event, noting that they served about 200 meals, and mentioned that other organizations within the community also served meals. She highlighted that they delivered approximately 1,200 meals to people in need around town and planned to do the same for Christmas.

EUGENE BUTTICCI, BARSTOW, CALIFORNIA
- Wished everyone a Merry Christmas and a Happy New Year. - Reminded everyone that January 5th is the deadline for the public review period for the draft environmental impact report, encouraging the submission of comments and letters of support for the BIG project.

SONIA COMPTON, BARSTOW, CALIFORNIA
- Thanked the council and staff for their efforts to reschedule the Christmas event that conflicts with the Barstow Football event and congratulated the team on their accomplishments.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Asked when the city would hold a town hall meeting to provide updates and answer questions from the public regarding the BIG project.
- Expressed concerns about the comments made against the city manager regarding the Christmas tree lighting event.

JIM BROWN, BARSTOW, CALIFORNIA
- Thanked Chief Kirby and the Police Department for moving the RV from the church. - Raised concerns about potential illegal activities at the Desert Inn Motel. - Discussed the food pop-ups around town, stating that these need to be addressed.

JOHN WEAVER, BARSTOW, CALIFORNIA
- Requested an update on the incident involving his dogs.

MAYOR SILVA
- Stated that public comments are a form of free speech, and the comments made do not reflect the views of the City Council or the City of Barstow.

PUBLIC HEARINGS :

None.

CONSENT CALENDAR PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE GOVERNING BOARD ON ALL MATTERS ON THE CONSENT CALENDAR.

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Attachment: 12.02.2025 Minutes Final (6244 : Minutes of the Joint Special Meeting December 2, 2025 6:00 PM) Minutes-December 2, 2025

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MINUTES ALL AGENCIES:

None.

ACCOUNTS PAYABLE ALL AGENCIES:

None.

CITY COUNCIL:

3. REQUEST FOR PUBLIC HEARING - DELINQUENT TRASH AND SEWER ACCOUNTS Recommended Action:

Staff recommends the City Council:

Set the public hearing for delinquent sewer and trash (utility) accounts for Tuesday, January 20, 2026, at 7:00 p.m. in the Barstow Council Chambers located at 220 E. Mountain View St., Barstow, CA 92311.

ET SNELL, BARSTOW, CALIFORNIA
- Stated that there should be an investigation into why people are falling behind on their bills, and under special circumstances, Measure Q funds should be available to help residents who are struggling.

RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: John Williams, Council Member
AYES: Noble, Rose, Williams, Hernandez, Silva

4. CONSIDERATION OF CANCELING THE CITY COUNCIL MEETING SCHEDULED FOR JANUARY 6, 2026. AT THIS TIME, NO BUSINESS ITEMS ARE ANTICIPATED FOR THAT DATE. SHOULD AN URGENT MATTER ARISE REQUIRING COUNCIL ACTION, STAFF WILL BE AVAILABLE TO PREPARE AND PUBLISH AN AGENDA.

Recommended Action:

That Council, Cancel the January 6, 2026, City Council meeting.

RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: John Williams, Council Member
AYES: Noble, Rose, Williams, Hernandez, Silva
DISCUSSION / ACTION ON DEFERRED ITEMS: (ITEMS PREVIOUSLY TABLED OF PULLED FROM THE

CONSENT CALENDAR BY THE COUNCIL WILL BE CONSIDERED BY THE GOVERNING BOARD AT THIS TIME).

BUSINESS / ACTION ITEMS:

5. APPROVAL OF PROPOSED ELECTRICAL BOX MURAL IMAGE - BARSTOW HIGH SCHOOL

COMMUNITY, OPPORTUNITY & DIVERSITY
Recommended Action:

Approve the proposed Roadside Electrical Box Art Project located at 1st and Main St.

MAIN STREET MURALS DIRECTOR, JANE BROCKHURST
BARSTOW HIGH SCHOOL ART CLUB STUDENTS: SIERRA GUTIERREZ, RAYNA HILL, DELILAH ORTIZ, and ALLISON MOORMAN

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Attachment: 12.02.2025 Minutes Final (6244 : Minutes of the Joint Special Meeting December 2, 2025 6:00 PM) Minutes-December 2, 2025

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- Presented the report filed with the City Clerk's office.

COUNCIL MEMBER WILLIAMS
- Asked how many other designs were created besides the ones presented. - Inquired about the process, whether there were other people involved, and what the students learned throughout this experience.

MAIN STREET MURALS DIRECTOR, JANE BROCKHURST
- Stated that there were quite a few designs, but these four were chosen.

DELILAH ORTIZ
- Explained that initially, most students in the art class participated. They had discussions to determine what they wanted to represent for Barstow High School. - Noted that many drafts and different designs were created before selecting the best ones to present.

MAYOR PRO TEM ROSE
- Asked the students how they felt about presenting such amazing artwork. - Commended everyone who participated in this project, noting that they should be proud of the incredible work they presented.
- Inquired when the project would be completed if approved.

SIERRA GUTIERREZ
- Expressed that this project strengthened their teamwork skills and helped them feel more connected as a community.

COUNCIL MEMBER NOBLE
- Inaudible.
- Commended the team for their participation in this project.

COUNCIL MEMBER WILLIAMS
- Asked the team if they are planning to undertake more projects in the future.

MAIN STREET MURALS DIRECTOR, JANE BROCKHURST
- Mentioned that she will be working with Barstow High School on future projects.

MAYOR SILVA
- Stated that he and the city manager were discussing contacting Golden State Water about putting something on the water tower at the freeway on Barstow Road related to the High School CIF Championship, and invited the group to participate.

MAYOR PRO TEM ROSE
- Expressed her enthusiasm for the idea of featuring that image on the water tower on Barstow Road.

DISCUSSION:

MAYOR SILVA
- Thanked the team for their participation in this project.

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Attachment: 12.02.2025 Minutes Final (6244 : Minutes of the Joint Special Meeting December 2, 2025 6:00 PM) Minutes-December 2, 2025

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RESULT: APPROVED [UNANIMOUS]
MOVER: Carmen Hernandez, Council Member
SECONDER: James M. Noble, Council Member
AYES: Noble, Rose, Williams, Hernandez, Silva

6. MODIFICATION TO PLANNING COMMISSION INTERVIEW PANEL REPRESENTATION Recommended Action:

Staff recommends that the City Council:

1. Accept Council Member William’s request to step down from the interview panel for the Planning Commission recruitment; and

2. Appoint an alternate Council Member to serve on the interview panel.

CITY MANAGER ROCHELLE CLAYTON
- Presented the report submitted to the City Clerk's office.

MAYOR PRO TEM ROSE
- Asked whether Council Member Williams' stepping down would affect the scheduled interview process.

CITY MANAGER ROCHELLE CLAYTON
- Stated that she does not foresee this being an issue.

SPEAKERS

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Expressed disappointment when there is not a full quorum present at scheduled meetings and suggested taking measures to ensure that five members are consistently present rather than only three at times.

A motion was made by MAYOR PRO TEM ROSE and seconded by COUNCIL MEMBER NOBLE to accept COUNCIL MEMBER WILLIAMS’ withdrawal from the interview panel and appoint COUNCIL MEMBER HERNANDEZ to serve in his place.

DISCUSSION

MAYOR PRO TEM ROSE
- Mentioned that upon reviewing the applicants, she noted they all have equal opportunities to serve as commissioners without any bias, ensuring a fair process.

COUNCIL MEMBER NOBLE
- Stated that he has served on the Planning Commission for almost eight years.

RESULT: APPROVED [UNANIMOUS]
MOVER: Barbara Mae Rose, Mayor Pro Tem
SECONDER: James M. Noble, Council Member
AYES: Noble, Rose, Williams, Hernandez, Silva
PUBLIC SAFETY UPDATES:

FIRE CHIEF CORY CISNEROS
- Provided an update on incidents that occurred during the holidays, noting that it was a safe holiday season with very few incidents.

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Attachment: 12.02.2025 Minutes Final (6244 : Minutes of the Joint Special Meeting December 2, 2025 6:00 PM) Minutes-December 2, 2025

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POLICE CHIEF CHRISTOPHER KIRBY
- Congratulated the Barstow High School Aztec Football team for winning the CIF Division 7 Championship against Apple Valley High School last Friday. - Presented some safety tips for holiday shopping.

COUNCIL COMMITTEE REPORTS:

COUNCIL MEMBER HERNANDEZ
- Nothing to report.
- Reminded everyone to attend the Street Committee Meeting on December 3, 2025, at 5:00 PM. - Announced she will be attending the Southern California Association of Governments Meeting on December 4, 2025, at 9:30 AM.

COUNCIL MEMBER NOBLE
- Noted that the next Military Affairs Meeting will be held on December 9, 2025. - The next VVTA Meeting is scheduled for December 15, 2025, at 9:30 AM in Hesperia.

COUNCIL MEMBER WILLIAMS
- No updates to report.

MAYOR PRO TEM ROSE
- Deferred to the Mayor.

MAYOR SILVA
- Attended the SBCTA Mountain Desert Policy meeting on November 21, 2025, but noted there was a lack of quorum due to the majority attending the League of CA Cities conference.

BUSINESS OF THE COUNCIL:

COUNCIL MEMBER HERNANDEZ
- Stated that the holidays are a time for gratitude, expressing thanks to the community and the city - Congratulated the Barstow Aztec Football team.
- Announced that the city adjusted the Christmas tree lighting event, which will now start at 6 PM, allowing everyone the opportunity to enjoy both events. - Wished everyone Happy Holidays and encouraged all to embrace their differences while remaining united for the city of Barstow.

COUNCIL MEMBER NOBLE
- Thanked the community for their support at the Senior Citizen Center event on Thanksgiving. - Mentioned he had the opportunity to attend the Barstow Football game, noting it was a great game. - Expressed his concern regarding comments made by Mr. Garner and appreciated that he came to apologize for those comments.
- Commended the city manager for her work in the city.
- Suggested holding a town hall meeting for updates on the BIG project. - Encouraged everyone to enjoy the holiday season and spend time with their families.

COUNCIL MEMBER WILLIAMS
- Thanked the Police Chief for escorting the Barstow Aztec Football team. - Apologized to anyone who felt attacked by him in any way and addressed comments made to him regarding the Christmas tree lighting event.
- Motioned, seconded by COUNCIL MEMBER NOBLE to censure Mayor Pro Tem Rose. - Emphasized the importance of accountability within the council.

MAYOR PRO TEM ROSE
- Thanked Mr. Garner for his comments and addressed the article he wrote, clarifying statements she made to him.

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- Motioned to censure COUNCIL MEMBER WILLIAMS for threatening a police officer on Facebook.

The motion died for lack of a second.
- Noted that she received a courtesy phone call from the Mayor, who informed her that he would ask to place a selection for a new Mayor Pro Tem on the agenda for the upcoming meeting. - Expressed her pleasure at having served as Mayor Pro Tem over the past year and endorsed the idea of alternating appointments to give equal opportunities for council members to experience this role.
- Mentioned that the upcoming year will be significant for Barstow, and she looks forward to what is to come.
- Expressed disappointment that the Christmas Tree Lighting event was not rescheduled after learning that the Barstow High School Aztec Football team will be hosting the State Region Championship.
- Acknowledged the logistical challenges in wanting to cancel the tree lighting event, but stated that if the city truly wanted to cancel it, it could be done.
- Pointed out that not long ago, the city canceled the parade due to safety concerns over windy conditions.
- Conveyed her disagreement with the decision not to cancel the tree lighting event, noting that while she hopes everyone can attend both events, it is not possible, and recommended that people choose the football game over the tree lighting event.

MAYOR SILVA
- Mentioned that the city manager faced significant backlash on social media due to misinformation. - Noted that he met with the city manager first thing Monday morning to discuss all possible options, clarifying that cancelling was not an option.
- Emphasized that the parade is not a city event; it is hosted by the Kiwanis Club, and there are no vendors included in the parade.
- Highlighted that they utilized Google Maps to direct visiting teams and visitors for better traffic routing. Mentioning notices will be sent to the visiting teams regarding the recommended routes. - Discussed various options and noted that a decision was made to contact Golden State Water about putting a CIF banner on the water tower.
- Mentioned discussions regarding a parade, which needs coordination with the school district, and that conversations have begun with the superintendent of the school district. - Expressed the intention to acknowledge the accomplishments of the Barstow High School Aztec Football Team, noting this has not occurred since 1969. - Requested staff to look into the restoration of the Code Talkers mural. - Attended a Zoom conference on the High North Desert Energy Project and mentioned that he will relay any relevant information to the staff.
- Participated in a meeting with SENATOR ROSILICIE OCHOA BOGH. - Attended the "Together We Can" event, the Employee Luncheon, High School EXP Coaching, the “Tip a Cop event, and the Veterans' Birthday event at the Veterans Home. - Attended the IEHP Harvest Health Fair Event at Barstow Community Hospital. - Helped pack meals at the Barstow Senior Center alongside COUNCIL MEMBERS WILLIAMS and COUNCIL MEMBER NOBLE.

CITY ATTORNEY MATTHEW SUMMERS
- Spoke regarding the City's General Plan Update and the proposed Barstow International Gateway Project, along with the related Barstow International Gateway Specific Plan. - Noted that the city is currently in the Draft EIR comment period required under CEQA, which necessitates a written comment process. Comments are due by January 5, 2026. - Mentioned that comments can be submitted by mail, email, or through the city's website.

Additionally, hard copies of the Draft EIR are available at the City Hall front counter, Barstow Library, and the college library.
- Explained that the CEQA process will include the written public comments and written responses to every question and comments received.
- Mentioned that there will be a series of public hearings with the planning commission and city council following the comment period.

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- Noted that while CEQA does not allow for extra town halls during this process, the council and staff can share suggestions and create opportunities for public participation. - Acknowledged requests for a town hall meeting but emphasized that staff must adhere to CEQA requirements, focusing on written comments and responses. However, staff will explore options and will report back.

STAFF REPORTS:

CITY MANAGER UPDATES:

CITY MANAGER ROCHELLE CLAYTON
- Mentioned she attended the SENATOR ROSILICIE OCHOA BOGH holiday open house, which was a very nice event.
- Stated SENATOR OCHOA BOGH is looking for an office here in Barstow. - Congratulated the Barstow High School Aztec Football team for winning the CIF Division championship.
- Noted that city staff worked hard to make adjustments to avoid overlaps, and that the tree lighting event will be held from 5 to 8 P.M. The tree lighting has been moved to 6 P.M. - Mentioned staff will reach out to the other school regarding safe driving routes to avoid any road closures.

ADJOURNMENT:

By the consensus of the City Council and without objection, the Joint Special Meeting was adjourned at 8:27 P.M.

Respectfully Submitted: Approved:
_______________________________ _______________________________ Andrea Flores, City Clerk Timothy R. Silva, Mayor
Notice: Signed Minutes are filed with the City Clerk’s office

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Attachment: 12.02.2025 Minutes Final (6244 : Minutes of the Joint Special Meeting December 2, 2025 6:00 PM) Joint Special Council/BFPD
01/6/26 06:30 PM
City Manager Department
Kenneth D Chapa
Other
Doc ID: 6250

AGENDA ITEM
AGENDA MATTER:

APPROVAL OF A LETTER OF SUPPORT FOR BARSTOW COMMUNITY COLLEGE’S

PARTICIPATION IN THE INLAND EMPIRE HIGH TECH COLLABORATIVE UNDER THE CALIFORNIA

JOBS FIRST REGIONAL INVESTMENT INITIATIVE
EXECUTIVE SUMMARY:

Barstow Community College (BCC) is seeking funding through the California Jobs First Regional Investment Initiative (RII) as part of the Inland Empire High Tech Collaborative project cluster. A key component of this effort is the proposed High Tech Workforce Accelerator, which is designed to expand industry-aligned workforce training in advanced manufacturing, automation, unmanned systems, electromechanical technologies, and other emerging high-tech sectors.

Approval of the proposed Letter of Support affirms the City of Barstow’s commitment to regional workforce development, economic diversification, and equitable access to high-quality career pathways for residents of the North High Desert.

DISCUSSION:

The California Jobs First Regional Investment Initiative is a statewide economic development program focused on advancing inclusive, high-road economic growth through regional collaboration. The Inland Empire High Tech Collaborative brings together educational institutions, public agencies, and industry partners to strengthen workforce pipelines and position the region as a competitive hub for advanced and emerging industries.

Barstow Community College plays a critical role in extending high-skill technical education into the North High Desert, an area that has historically faced geographic barriers to participation in the Inland Empire’s growing high-tech economy.

The City of Barstow is currently experiencing significant investment momentum, including infrastructure, logistics, and clean-energy related development. While these investments present important economic opportunities, long-term regional resilience depends on cultivating a skilled, adaptable workforce capable of supporting multiple industry clusters.

The proposed High Tech Workforce Accelerator directly aligns with the City’s economic development priorities by:
 Expanding industry-aligned technical training capacity  Providing residents with transferable, in-demand skills 3 Packet Pg. 18
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Other
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AGENDA ITEM
 Advancing geographic equity by extending high-skill training into the North High Desert  Supporting employer attraction, retention, and expansion efforts In addition to workforce development benefits, the Accelerator is expected to serve as a catalyst for entrepreneurship, supplier development, and adaptive reuse of industrial facilities. A reliable pipeline of skilled workers strengthens Barstow’s value proposition as a community prepared to support innovation, defense-related industries, clean-tech supply chains, and long-term job creation.

If funding is awarded, the City of Barstow commits to continued collaboration with Barstow Community College and regional partners through alignment with City economic development strategies, participation in regional planning efforts, facilitation of employer connections, and support for outreach efforts that connect residents to training and career opportunities.

ATTACHMENTS

1. Letter of Support for Barstow Community College - Inland Empire High Tech Collaborative / California Jobs First Regional Investment Initiative
FISCAL IMPACT:

Approval of the Letter of Support carries no direct fiscal impact to the City’s General Fund or any other City funds.

RECOMMENDED ACTION:

CITY OF BARSTOW
Office of the City Manager
220 E. Mountain View Street, Suite A  Barstow, CA 92311 760-256-3531  BarstowCa.org January 7, 2026
Dee Dee Myers
Senior Advisor and Director
Governor’s Office of Business and Economic Development
1325 J Street, Suite 1800
Sacramento, CA 95814
Dear Director Myers,
On behalf of the City of Barstow, I am pleased to submit this Letter of Support for Barstow Community College (BCC) and its participation in the Inland Empire High Tech Collaborative project cluster under the California Jobs First Regional Investment Initiative (RII).

The City of Barstow strongly supports BCC’s proposed High Tech Workforce Accelerator, a critical component of a coordinated regional strategy to position the Inland Empire—and particularly the North High Desert—as a competitive hub for advanced manufacturing, automation, unmanned systems, electromechanical technologies, and emerging high-tech industries. This project directly aligns with the City’s long-term economic development objectives, which emphasize workforce readiness, economic diversification, and access to high-quality career pathways for local residents.

Barstow is currently experiencing significant investment momentum, including major infrastructure, logistics, and clean-energy related development activity. While these investments represent important opportunities for economic growth, the City recognizes that long-term regional resilience depends on cultivating a skilled, adaptable workforce capable of supporting multiple industry clusters. The High Tech Workforce Accelerator addresses this need by expanding industry-aligned training capacity and providing residents with transferable, in-demand skills that support both current and future employers.

The City views BCC’s role in this regional collaboration as essential. By extending high-skill technical training into the North High Desert, the High Tech Workforce Accelerator advances geographic equity and ensures that communities outside the region’s traditional employment centers can directly participate in—and benefit from—the Inland Empire’s emerging high-tech economy. The Accelerator also complements broader regional efforts focused on cybersecurity, artificial

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Attachment: Draft Letter of support BCC RII_CIty of Barstow 12_22_2025 (6250 : Approval of a Letter of Support for Barstow Community intelligence, data infrastructure, and advanced manufacturing by supplying jobready talent for employers seeking to locate or expand operations within the region.

Beyond workforce development, the City of Barstow recognizes the High Tech Workforce Accelerator as a catalyst for entrepreneurship, supplier development, and business attraction. A reliable pipeline of skilled technicians and operators is foundational to attracting private investment, supporting defense and cleantech supply chains, and enabling adaptive reuse of industrial facilities. This initiative strengthens Barstow’s value proposition as a community that is not only strategically located, but also prepared to support innovation and long-term job creation.

If funded, the City of Barstow commits to continued collaboration with Barstow Community College and regional partners to support implementation of the High Tech Workforce Accelerator. This includes alignment with City economic development priorities, participation in regional planning and coordination efforts, facilitation of connections with employers and industry stakeholders, and support for outreach efforts that connect local residents to training and career opportunities generated through this project.

The City of Barstow appreciates your consideration of this application and strongly supports the High Tech Workforce Accelerator as a strategic investment in workforce development, regional competitiveness, and a diversified, resilient Inland Empire economy.

Sincerely,
______________________________
Timothy R. Silva
Mayor
______________________________
Rochelle Clayton
City Manager
____________________________________________________________________________

CITY OF BARSTOW
Office of the City Manager
220 E. Mountain View Street, Suite A ♦ Barstow, CA 92311 ♦760-256-3531♦ BarstowCa.org

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Attachment: Draft Letter of support BCC RII_CIty of Barstow 12_22_2025 (6250 : Approval of a Letter of Support for Barstow Community Joint Special Council/BFPD
01/6/26 06:30 PM
Administrative Services
Kimberlie A. Turner
Contract
Doc ID: 6247

COUNCIL AGENDA ITEM
AGENDA MATTER:

APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN BARSTOW POLICE OFFICERS' ASSOCIATION AND THE CITY OF BARSTOW FOR THE TERM OF JULY 1, 2025-JUNE 30, 2026 EXECUTIVE SUMMARY:

DISCUSSION:

The City of Barstow Has Been Meeting with the Barstow Police Officers' Association (BPOA) Over the Last 9 Months. The City Has Carefully Evaluated It's Financial Position, Ongoing Operational and Competitive Recruitment Needs as Well as the Long Term Fiscal Sustainability. The Proposed MOU Demonstrates the City's Commitment to Supporting Our Police Department in a Sustainable and Equitable Manner.

The following are the proposals:

1. COLA: Effective July 1, 2025 all classifications in the bargaining unit to receive a six percent (6%) COLA.

Effective February 1, 2026, all classification in the bargaining unit to receive a two percent (2%) COLA
In addition, if City receives $25M in Permit and Development Fee revenue between July 1, 2025 through June 30, 2026, Association members shall receive a four percent (4%) base salary increase.

2. BILINGUAL SERVICES: Increase from $60 dollars per month to $100 per pay period.

3. HOLIDAYS: Winter Holiday Hours between 12/26-12/31 added. Holiday time will be paid based on hours Association member is scheduled to work on the holiday. Additional Holidays have no cash value.

4. CAFETERIA PLAN: Monthly allowance increase:
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Kimberlie A. Turner
Contract
Doc ID: 6247

COUNCIL AGENDA ITEM
Employee only coverage:$1000 monthly allowance (no increase) and will receive a one time payment in the amount of $500 upon ratification
Employee plus one: Increase from $1000 to $1500 per month Family Plan: Increase from $1000 to $1900 per month.

Association members who opt out of coverage will continue to receive $750 per month.

Association members hired after January 6, 2026 to receive $2000 annually (approx. $76.92 per pay period).

5. SPECIAL ASSIGNMENT PAY: Special Response Team (SRT) and Canine Officer added as Special Assignment Pay.

FISCAL IMPACT:

The FY impact for the term of this contract is $520,662 RECOMMENDED ACTION:

MEMORANDUM OF

UNDERSTANDING

BETWEEN

THE CITY OF BARSTOW

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AND
THE BARSTOW POLICE OFFICERS’ ASSOCIATION
UNIT 3
JULY 1, 2022 2025 – JUNE 30, 20252026
Table of Contents
SECTION 1 - GENERAL PROVISIONS 4
ARTICLE 1 – PREAMBLE 4
ARTICLE 2 - RECOGNITION AND SCOPE OF REPRESENTATION 4
ARTICLE 3 – MANAGEMENT RIGHTS 4
ARTICLE 4 - UNION ACTIVITIES 5
ARTICLE 5 – RULES GOVERNING REDUCTIONS 6
ARTICLE 6 – CONDITIONS OF EMPLOYMENT 7
ARTICLE 7- HOURS OF WORK
ARTICLE 8 - PUBLIC SAFETY OFFICERS PROCEDURAL BILL OF RIGHTS 7 ARTICLE 9 - GRIEVANCE PROCEDURES 7
ARTICLE 10 –FULL AGREEMENT 7
ARTICLE 11 - SEVERALBILITY 7
ARTICLE 12 - BULLETIN BOARDS 7
ARTICLE 13 – TERM OF AGREEMENT 7
ARTICLE 14 - HOURS OF WORK 8
ARTICLE 15 - SENIORITY REGARDING FORCE REDUCTION PROCEDURES 8 ARTICLE 16 - EMPLOYEE DISCIPLINE 9
ARTICLE 17 - APPEAL TO THE CITY COUNCIL 9
ARTICLE 18 - GRIEVANCE PROCEDURES 10
ARTICLE 19 - FULL AGREEMENT 13
ARTICLE 20 - NON-DISCRIMINATION 14
ARTICLE 21 – SEVERABILITY 14
ARTICLE 22 - AGREEMENT EFFECTIVE UPON APPROVAL BY BOTH PARTIES 14 ARTICLE 23 - TERM OF AGREEMENT 14
SECTION 2 - SALARIES AND OTHER PAY 14
ARTICLE 24 – WAGES 14
ARTICLE 25 - PERFORMANCE BONUS 15
ARTICLE 26 – OVERTIME 15
ARTICLE 27 - COMPENSATORY TIME 16
ARTICLE 28 - UNIFORMS, SAFETY BOOTS, AND SAFETY EQUIPMENT 16 ARTICLE 29 - HIGHER CLASSIFICATION PAY 18
ARTICLE 30 - DIFFERENTIAL PAY 18
ARTICLE 31 - STANDBY PAY 17
ARTICLE 32 - CALL-BACK PAY 18
ARTICLE 33 - INDUSTRIAL INJURY SUPPLEMENTAL PAY 19

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ARTICLE 34 - BILINGUAL SERVICES PAY 19
ARTICLE 35 - TUITION REIMBURSEMENT 19
ARTICLE 36 – RECLASSIFICATION 20
SECTION 3 –RETIREMENT 20
ARTICLE 37 - RETIREMENT BENEFIT 20
ARTICLE 38 - RETIREE MEDICAL BENEFIT 21
SECTION 4 - TIME-OFF PROVISIONS 24
ARTICLE 39 – HOLIDAYS 24
ARTICLE 40 –VACATION 25
ARTICLE 41 - SICK LEAVE 26
ARTICLE 42 - BEREAVEMENT LEAVE 26
ARTICLE 43 - JURY LEAVE 26
ARTICLE 44 - MILITARY LEAVE 26
SECTION 5 - INSURANCE 27
ARTICLE 45 - CAFETERIA PLAN 27
ARTICLE 46 - MEDICAL INSURANCE 27
ARTICLE 47 - DENTAL INSURANCE 27
ARTICLE 48 - VISION INSURANCE 27
ARTICLE 49 -LIFE INSURANCE 27
ARTICLE 50 - STATE DISABILITY INSURANCE 27
ARTICLE 51 -LONG TERM DISABILITY 27

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BARSTOW POLICE OFFICERS’ ASSOCIATION
UNIT 3

MEMORANDUM OF UNDERSTANDING
SECTION 1 – GENERAL PROVISIONS
ARTICLE 1 – PREAMBLE
This Memorandum of Understanding (Agreement) is made and entered into by and between the City of Barstow (City) and the Barstow Police Officers’ Association (Association), pursuant to the MeyersMilias-Brown Act of the State of California, the Barstow Municipal Code, and the Personnel Policies and Procedures of the City of Barstow.

It is the intent and purpose of this Agreement to set forth the understanding reached between the Association and the City as a result of meeting and conferring in good faith regarding, but not limited to, matters relating to the wages, hours, and terms and conditions of employment between employees represented by the Association and representatives of the City. The parties affirm their mutual commitment to the goals of respecting and valuing people, effective and efficient public service, sound and responsible management, and amicable employer-employee relations.

ARTICLE 2 – RECOGNITION AND SCOPE OF REPRESENTATION
During the term of this Agreement, the City recognizes that the following positions shall be represented by the Association:
 Police Officer Trainee
 Police Officer
 Police Detective
 Police Corporal
The Association's scope of representation shall include all matters pertaining to wages, hours, and other terms and conditions of employment.

ARTICLE 3 – MANAGEMENT RIGHTS
During the term of this Agreement, the Association recognizes that the City has and will continue to retain (whether exercised or not) the exclusive right to operate, administer, and manage its municipal services and work force performing those services in all respects subject to this agreement. The City Manager has (and will continue to retain) exclusive decision-making authority on matters not officially and expressly modified by specific provisions of this Agreement. Said decision-making shall not (in any way directly or indirectly) be subject to the City's grievance procedure.

The exclusive rights of the City shall include, but are not limited to: determine the organization of City government and the purpose / mission of its constituent divisions / departments; set standards of service to be offered to the public and to exercise control and discretion over its organization and

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operations; establish and effect administrative regulations and employment rules / regulations consistent with law; direct its employees; take disciplinary action for just cause; relieve its employees from duty because of lack of work or for other legitimate reasons; determine the procedures and standards of selection for employment and promotion; determine the content of job classifications; determine the methods, means, and personnel by which the City's services are to be provided; maintain the efficiency of governmental operations; and to otherwise act in the interest of efficient service to the community. The inclusion of such rights in a list of City rights, and the right of the City to act on such rights shall not be subject to grievance. However, such rights shall not abridge the right of an employeean Association member to file a grievance on the implementation of said rights.

ARTICLE 4 – ADMINISTRATIVE AUTHORITY
During the term of this Agreement, the City Council shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry. Neither the City Council, nor any members thereof, shall be allowed to give orders to any subordinates of the City Manager.

ARTICLE 5 – CONDITIONS OF EMPLOYMENT
Except as otherwise noted herein, the terms and conditions of employment for members of the Association shall be those prescribed in the existing Personnel Rules and Regulations manual of the City unless otherwise agreed to by the Association.

ARTICLE 6 – PAYROLL DEDUCTIONS
The City shall provide each Association member a maximum of two (2) payroll deductions per month upon receipt of a duly executed form properly signed by each employeemember. The City shall remit such deductions to the Association at the Association’s address of record.

Furthermore, the Association agrees to provide the City with the following:
 Written notice of its address of record.
 To indemnify, defend and hold the City and its officers, agents, and employees harmless against any claims made and any suit initiated against the City on account of Association deductions
 To refund to the City any amount paid to the Association in error upon presentation of supporting evidence.

ARTICLE 7 – RULES GOVERNING REDUCTIONS
During the term of this Agreement, no employee represented by the Association shall suffer a reduction in wages, hours, or other terms and conditions of employment, unless such reduction is proportional to that generally suffered by the other employees of the City as part of a general cost reduction program. However, this Article shall not apply to disciplinary actions or reclassifications taken pursuant to the Barstow Municipal Code and the Personnel Rules and Regulations of the City.

ARTICLE 8 – ASSOCIATION ACTIVITIES
The City shall provide Association representatives with a reasonable amount of time to address Association business without loss of pay or benefits. Before using this time, the Association representatives must notify the immediate supervisor that the employee Association member will be

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conducting Association business and advise the supervisor of where the employee member can be reached in case of an emergency. Further, time off for Association business shall be noted on the employee’s member’s time card. For the purposes of this Article, a reasonable amount of time shall not exceed one (1) hour during any seven-consecutive days.

ARTICLE 9 – GENERAL ASSOCIATION MEETINGS
The City shall grant release time for all Association members to conduct one special meeting each quarter, provided that the meeting time and place are agreed upon by the President of the Association and the Chief of Police. The City will also allow the Association use of City facilities and equipment for said Association meetings. In addition, on-duty officers shall be permitted to attend the meeting provided that the officer remains available for service calls.

ARTICLE 10 – UNIFORM REQUIREMENT
The wearing of a uniform shall place responsibility on the wearer to present an appearance which is representative of the stature and prestige of the Barstow Police Department. There may be certain types of functions for which the Chief of Police may require a specific uniform.

Association members assigned to the Uniform Bureau shall wear an approved uniform soft hat and necktie while in attendance at formal functions, including but not limited to parades, funerals, inspections, and other ceremonial occasions. This uniform requirement shall be suspended in those specific instances when decorum and / or etiquette demands removal of headgear.

In addition, Association members operating, as K-9 officers shall be permitted to wear a department approved baseball cap while on duty and in K-9 attire.

Furthermore, between May 1st and October 31st of each year, the approved apparel of officers assigned to the Detective Bureau shall be slacks and a sport shirt suitable for a business environment. Between November 1st and April 30th of each year, the approved apparel of officers assigned to the Detective Bureau shall be a business suit with a dress shirt and tie, or a sport coat and slacks with a dress shirt and tie. During cold weather, the foregoing apparel requirements may be supplemented with a sweater or coat so long as a professional business-like appearance is maintained. When required to appear in court, appropriate court apparel shall be worn. Exceptions to the aforementioned dress code will be allowed based on guidelines issued by the Chief of Police.

ARTICLE 11 – DESIGNATION OF INFORMAL RANK OF SENIOR OFFICER The City shall also provide the informal rank of “Senior Officer” to any Association member with seven (7) or more years of service with the Barstow Police Department. While obtaining this informal rank of “Senior Officer” shall not result in any additional pay or benefit enhancements, or any other change in the terms and conditions of employment, such individuals will be permitted to make the following modifications to their uniform:
 Officers who obtain the informal rank of “Senior Officer” may display the rank in the form of one chevron on their uniform.
 Officers who obtain the informal rank of “Senior Officer” and who have achieved a POST Intermediate certificate may display the rank in the form of one chevron and rocker stripe on their uniform.

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 Officers who obtain the informal rank of “Senior Officer and who have achieved a POST Advanced certificate may display the rank in the form of an insignia (star) in the center of a chevron and rocker stripe on their uniform.

ARTICLE 12 – SAFETY EQUIPMENT
The City shall furnish, replace, or repair safety equipment as necessary according to departmental specifications. Such equipment furnished by the City shall remain the property of the City and shall be properly cared for by Association members. The following safety equipment shall be furnished by the City:
 Ammunition for practice and on-duty service
for City approved .approved40 and .45
caliber[KAT1] handguns for use at the Barstow
Police Department range.
 Ammunition pouch
 Baton
 Baton ring
 Bullet-proof vest
 Flashlight
 Helmet
 Holster
 Four (4) keeper straps
 Key ring / leather guard
 Rain boots
 Rain coat
 Flashlight batteries / bulbs
 Handcuffs
 Handcuff case
 Sam Browne / Sally belt
 Service weapon
 Whistle
 Eye / Ear Protection
Association members may elect to use safety equipment other than that furnished by the City, provided that such other equipment is authorized for use by the Chief of Police. Additionally, Association members are authorized to wear while on duty, drop-down holsters, load-bearing vests, and/or nylon gear as outlined and specified in Police Department policy. In the event an employeea member elects to use authorized safety equipment other than that furnished by the City, the employee member shall bear the full cost of purchase, maintenance, repair, and replacement of such safety equipment, as well as any other costs incidental to the use thereof.

The City reserves the right to require the use of safety equipment supplied by the City, provided however, that the wearing of bullet-proof vests provided by the City shall only be required by a Police Detective as outlined in Department policy.

ARTICLE 13 – HOURS OF WORK
The average regular work week for full-time Association members shall be forty (40) hours. For all employees members with an average regular work week of forty (40) hours, the monthly rate shall be the hourly rate times 2,080 divided by 12.

In certain instances, alternatives to the traditional work schedule for the convenience of the employee Association member may be appropriate. Such schedules may be installed under the following guidelines:

1. The City or the employee member may initiate a request regarding such alternate work schedules.

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2. Alternate work schedules shall not reduce service to the public.

3. Such schedules may be revoked by either party upon notice to the other party.

4. Such schedules may continue by mutual agreement of both parties.

5. Employees Association members who perform authorized work in excess of the defined work day or work week and who are otherwise eligible for overtime pay shall be compensated for such work at the rate of one and one half (1 ½) times their regular hourly rate of pay.

6. Employees Association members may be assigned to or from an alternate work schedule only effective at the beginning of a biweekly pay period.

ARTICLE 14 – SHIFT SCHEDULE
In general, the work schedule for Association members shall be coordinated in a manner consistent with the parameters below:
 Officers shall work six (6) twelve (12) hour shifts and one (1) eight (8) hour shift each pay period with the pay period beginning on Sunday and ending on Saturday.  A shift rotation schedule shall be created by the Chief of Police for the Patrol Division.

Officers will bid on shifts based on seniority prior to the start of a calendar year. The officer will remain on the shift for three (3) months at which time the officer will rotate to a different shift as herein described. At the end of six (6) months, the officer will rebid for a shift in order of seniority and repeat the shift rotation herein described:
o Day Shift working weekdays rotates to Night Shift working weekends o Day Shift working weekends rotates to Night Shift working weekdays o Night Shift working weekdays rotates to Day Shift working weekends o Night Shift working weekends rotates to Day Shift working weekdays  The City reserves the right to modify schedules subject to the meet-and-confer process.  Officers Association members attending a college or university may arrange to exchange assigned schedules with a consenting officer on another shift to facilitate class attendance, provided the exchange is approved by the Chief of Police or his / hertheir designee, and lasts for the duration of the 112-day rotation period for which it is made. o The Association recognizes and agrees that the above provisions do not constitute a limitation or restriction on the Chief of Police’s right and authority to reassign or reschedule an employeea member’s shift, or to otherwise change hours of work, in order to meet Departmental needs. In the case of an employeea member temporarily reassigned to a different shift in order to meet Department needs, the employee member shall be entitled to return to the position on the shift from which the employee member was reassigned, as if the employee member had not left it, at the conclusion of the temporary reassignment.

ARTICLE 15 – TRAINING
The City agrees to provide each Association member with a minimum of forty eight (48 48hours) hours of in-service training during each fiscal year. Such training shall include twenty four (24) hours of firearms training and twenty four (24) hours of other training which shall include, but not be limited

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to, Code 3 Pursuit Driver Training at an approved academy. However, Code 3 Pursuit Driver Training need not be repeated once taken unless required by the City.

The City also agrees to provide POST approved Officer Survival training for those officers who actively participate in in-service training provided by the Department. Survival training shall be scheduled to ensure that all eligible officers, as determined by the City, are properly training during the term of this Agreement.

The City shall also make every effort to ensure that training programs are scheduled to coincide with either the first or last day of the employee’s member’s regularly scheduled days off. This means that to the extent possible, the City will not schedule or coordinate training to take place in the middle of ana employee’s member’s weekend.

ARTICLE 16 – OFFICER INVOLVED SHOOTING INCIDENTS
Any Association member involved in a shooting incident in the capacity of a City police officer shall be entitled, upon request, to a representative before being questioned regarding the incident.

Employees Association members will be advised of this right prior to any such questioning. Further, an a employee involvedmember involved in a shooting incident in the capacity of a City police officer shall be provided with psychological counseling as soon as it can be obtained immediately after the incident. The Chief of Police or his / her designee will not suspend peace officer powers or remove an employeea member’s badge, identification card, or gun on a routine basis following involvement in a shooting incident, but instead will continue to determine such matters in his / hertheir sole discretion based on the circumstances in each case as they relate to the best interests of the public and the Department.

ARTICLE 17 – PERSONNEL RECORDS
The City deems police officer personnel records, as defined in Penal Code Section 832.8, to be confidential and thus not subject to public or third-party disclosure without the employee’s member’s written consent, court order, or other basis permitted by law.

The City shall maintain its record-purging practices consistently with State and Federal laws, including California Penal Code Section 832.5, authorizing destruction of certain disciplinary records and shall purge those records upon the date of eligibility in accordance with Penal Code Section 832.5.

ARTICLE 18 – NON-DISCRIMINATION
It is agreed that both the City and the Association shall provide equal opportunity for all qualified persons, prohibit discrimination based on race, color, religion, sex, sexual orientation, age, disability, genetic information, or natural origin, or any other unlawful basis, and promote the full realization of equal opportunity through a positive and continuing program of affirmative action[KAT2].

It is further agreed that no employee Association member shall be interfered with, intimidated, restrained, coerced, or discriminated against by either the City or the Association because of membership or non-membership in the Association.

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ARTICLE 19 – USE OF AUTOMOBILES BY DETECTIVES
The duty detective assigned to standby shall be allowed the use of a City vehicle during off-duty time in order to respond to calls back to duty. Detectives not assigned to standby duty shall be allowed the use of City vehicles on off-duty time including but not limited to use in commuting to and from work, subject to the availability of City vehicles. It is the intent of the City to allow Detectives which are not assigned to standby duty the ability to use a City vehicle when there are sufficient City vehicles available without requiring the City to purchase additional vehicles for this new benefit.

ARTICLE 20 – DISCIPLINE SUBJECT TO HEARING PROCESS
Disciplinary action involving termination or unpaid suspensions of eighty (80) hours or more shall be subject to the process described herein.

Should an officer request a hearing over proposed discipline, the City and the officer’s representative will select a hearing officer form the list below. The parties shall take turns striking names from the list, beginning with the party who wins the coin toss, until one name remains, with that person then serving as the hearing officer. The selection shall be made from the following list:

Robert Bergeson
David Hart
Daniel Saling
Byron Berry
Sara Adler
Jon Monat
Each party shall bear their respective cost of the hearing except that the City shall pay the cost of the hearing officer in discipline actions described herein.

The hearing shall be recorded by a court reporter. The hearing officer shall issue a decision containing findings of fact, a discussion of the evidence as it pertains to the each allegation of misconduct or wrongdoing, and a determination of whether the penalty is appropriate. The hearing officer’s decision shall be final, except that either side may seek review of the hearing officer’s determinations pursuant to the Code of Civil Procedure section 1094.5.

If 1094.5 review is sought by either party, the hearing officer shall prepare the administrative record for review by the Superior Court. The parties shall bear their own cost.

ARTICLE 21 – PUBLIC SAFETY OFFICERS PROCEDURAL BILL OF RIGHTS The City shall comply with the Public Safety Officers Procedural Bill of Rights as set forth in California Government Code Section 3300 et seq.

ARTICLE 22 – GRIEVANCE PROCEDURES
The following guidelines govern the City’s grievance procedures.

1. Definition.

A grievance is an written allegation by an employee an Association member claiming violation of a specific express provision of this Agreement, the City’s Personnel Rules

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and Regulations, or written City policy, unless another specific method of review is provided (e.g., discipline or discrimination).

2. Procedure.
a. Informal Grievance Procedure
The grievant and the City’s representative shall make every effort to resolve the grievance at the lowest level of supervision. Thus, the grievant shall attempt to discuss the grievance with the immediate supervisor before resorting to the Formal Grievance Procedure, below. However, if the grievant is unable to resolve the grievance informally before the time period for filing a Formal Grievance expires (15 days from the date the grievance allegedly occurred), the grievant may proceed to the Formal Grievance Procedure in accordance with the time limits therein. b. Formal Grievance Procedure
i. First Level of Review.

The grievant shall present the formal grievance in writing to his / her their supervisor or to the immediate supervisor of the employee member who is the subject of the grievance being filed. The formal written grievance must be presented within fifteen (15) days from the alleged occurrence of the violation.

The written grievance shall contain the following information:

1. Name of grievant and job title;

2. Department / Division;

3. Clear and concise statement of the nature of the grievance including the circumstances and dates involved;

4. The specific provision(s) of this Agreement, the City’s Personnel Rules, or City policy alleged to have been violated;

5. Requested remedy;

6. Name of the grievant’s representative, if any;

7. Date and signature of the grievant.

The supervisor shall render a decision and comments in writing and return them to the grievant within fifteen (15) days after receiving the written grievance. If the grievant does not agree with his / hertheir supervisor’s decision or if no answer has been received within the specified time period, the grievant shall present the grievance in writing to the Department Head or the Department Head’s designee within fifteen (15) days of the date the supervisor’s decision is rendered or should have been rendered pursuant to the specified time period.
ii. Second Level – Department Review.

The Department Head or his / her designee shall discuss, upon request, the grievance with the grievant, the grievant’s representative, if any, and with other appropriate persons. The Department Head or designee shall render

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his / hertheir decision and comments in writing and return them to the grievant within fifteen (15) days after receiving the formal written grievance or after the meeting with the grievant, whichever is later. If the grievant does not agree with the decision reached or if no answer has been received within the specified time period, the grievant may appeal the formal grievance to the next level of the grievance procedure. In order to do so, the grievant must submit the grievance to the Personnel Officer, along with a written request that the grievance be considered at the Third Level, within fifteen (15) days of the date the Department Head’s decision is rendered, or should have been rendered, pursuant to the specified time period.
iii. Third Level – Advisory Arbitration.

To activate advisory arbitration, the grievant must, within time period specified above, present the grievance in writing to the Personnel Officer for further processing. Failure of the grievant to take this action will constitute a waiver and bar to further processing of the grievance.

1. The scope of advisory arbitration of grievances shall be limited to discharges, demotions, or reduction in pay, or suspensions of three (3) days or more without pay. The grievant may waive the right to go to advisory arbitration and instead go directly to the Fourth Level (City Manager). All other grievances shall bypass the third level of the grievance procedures and advance to the Fourth Level.

2. The Personnel Officer and the grievant shall request a list of five arbitrators from the California State Mediation and Conciliation Service.
a. By mutual agreement of the grievant and the City, advisory arbitration may be waived. In such case, the grievance shall be reviewed by City Manager in accordance with the
procedures outlined in Level 4.

3. An arbitrator shall be selected by the following procedure:
a. The grievant and / or a representative of the grievant, along with the City’s representative, shall select the arbitrator from the California State Conciliation Service list by eliminating names until one name remains. The one remaining name shall be the arbitrator. All grievances reaching the arbitration level shall be numbered consecutively for the current fiscal year.

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grievance in which the grievant has not adhered to such time limits.
d. Employees Association members called as witnesses shall be scheduled to be released from duty to testify at the hearings.

The parties recognize that due to the essential nature of the services performed by the employeesmembers, scheduling of time for each employee member to testify at arbitration shall be in such a manner so that normal operations are not disrupted. e. The jurisdiction of the arbitrator shall be confined to a determination of the facts and the interpretation of the provisions of the Memorandum of Understanding and / or the Personnel Rules and Regulations. The arbitrator will have no power to add to, subtract from, or modify the terms of any Agreement or the written policies, rules, regulations and procedures of the employer.
f. Within thirty (30) days after the conclusion of the hearing, the arbitrator shall render an advisory decision in writing to the parties (including the City Manager).
g. The arbitrator’s fees and expenses shall be paid by the City.

All other costs shall be borne by the party incurring such expenses.
iv. Fourth Level – City Manager.

If the grievance is submitted to the City Manager for review and settlement, the Personnel Officer, in non-arbitrable cases, may elect the methods he / shethey considers appropriate for the study of the issues and shall render a written decision to the parties within fifteen (15) days. Notwithstanding the above, upon the grievant’s request, the matter shall be submitted to mediation prior to the Personnel Officer’s determination.

1. For all cases involving advisory arbitration recommendations, the Personnel Officer shall review the entire matter within fifteen (15) days after receipt of arbitrator’s recommendations and render a decision.

2. The City Manager may amend, modify, or revoke the recommendation of the arbitrator. This includes, but is not limited to, the City Manager’s right to reduce or increase the degree and type of discipline imposed.

In all cases, the decision of the City Manager shall be final and binding. c. General Provisions
i. The grievant is entitled to representation of his / hertheir choice at any point in the grievance procedure.
ii. Failure by the grievant to meet any of the specified time lines shall constitute a withdrawal and waiver of the grievance. Failure by the City to meet any of the specified time lines shall entitle the grievant to appeal to the next level of review.

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iii. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level shall be considered as maximum, and every effort should be made to expedite the process. If the last day of the specified time period falls on the weekend or a City observed holiday, it shall be moved to the next working day. Otherwise, the time specified may be extended only by mutual written consent.
iv. Probationary employees may not grieve a rejection from probation. v. Employees Association members shall be assured freedom from reprisal for using the grievance procedures.
vi. The Personnel Office shall act as a central repository for all grievance records. vii. Any decision or finding involving an unbudgeted expenditure must be submitted to the City Council for ratification before that decision can become final and binding.
viii. Failure on the part of an Association member n employee or his / hertheir representative to appear in any case before an arbitrator without good cause shall result in forfeiture of the case and responsibility for payment for all associated costs by the employeemember.

ARTICLE 23 – FULL AGREEMENT
The City and the Association concur that this Agreement constitutes the entire contract between them governing wages, hours and conditions of employment of those employees in the bargaining unit during the term thereof and settles all demands and issues on all matters subject to the meet and confer process. City agrees to conduct a classification and compensation study at its own expense during the term of this Agreement.[KAT3]
Accordingly, both the City and the Association do hereby waive the right during the term of this Agreement to demand negotiation upon any subject matter, whether or not such subject matter has or has not been raised or discussed by either party during negotiations leading to the execution of this Agreement, except for the following provisions:
 Any item, provision, or subject that both the City and Association jointly agree to reopen for discussion.

ARTICLE 24 – SEVERABILITY
It is agreed that in the event a court order renders any Article of this Agreement null and void, said ruling shall negate only the applicable Article and the balance of the Agreement shall stand as written and remain in full force and effect for the duration of its term.

ARTICLE 25 – AGREEMENT EFFECTIVE UPON APPROVAL BY BOTH PARTIES This Agreement shall be effective once approved by the Barstow City Council and upon ratification and approval by a majority of the employees represented by the Association.

ARTICLE 26 – TERM OF AGREEMENT

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This Agreement shall take effect on July 1, 2022 2025 and shall remain in full force and effect until June 30, 20252026.

SECTION 2 – SALARIES AND OTHER PAY
ARTICLE 27 – GENERAL WAGES
Effective July 1, 2025, theall Association members shall receive a six percent (6%) COLA base salary increase.

Effective February 1, 2026, theall Association members shall receive an additional two percent (2%) base salary increase. To fund this two percent (2%) base salary increase, the Cafeteria Plan described in Article 52 shall be effective on January 6, 2026, and shall not be retroactive to July[KAT4] 1, 2025.

If City receives $25M in Permit and Development Fees revenue between July 1, 2025 and June 30, 2026, all Association members shall receive an additional four percent (4%) base salary increase effective the first full pay period following the City’s receipt of at least $25 million in permit and development fees.

If the $25M is not received prior to June 30, 2026, the City will agree to Meet and Confer regarding the four percent (4%).

Effective the first full pay period beginning in July for each of the respective years, all members of the Association shall receive the wage adjustments described below:

A. Year 1 of This MOU (2022-2023)
All unit members shall receive an 8.0% (eight percent) unadjusted base salary increase beginning July 1, 2022.

B. Year 2 of This MOU (2023-2024)
All unit members shall receive a 6.0% (six percent) unadjusted base salary increase beginning July 1, 2023.

C. Year 3 of this MOU (2024-2025)
All unit members shall receive a 2.0% (two percent) unadjusted base salary increase beginning July 1, 2024.

D. For all members hired prior to July 1, 2010:
(1) Effective January 15, 2017, all members hired prior to July 1, 2010 shall receive a salary adjustment of 6.0% (six percent) of the member’s base salary. The 6% salary adjustment

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does not apply to leave/holiday payouts. The 6% salary adjustment shall be effective until retirement or separation from employment by the employee, whichever comes first. (a) This 6.0% (six percent) benefit is not new, rather, it is included in this MOU to incorporate a previously implemented benefit that members of this bargaining unit[KAT5] have been receiving since January 15, 2017.

ARTICLE 28 – PERFORMANCE MERIT INCREASES & EVALUATIONS
Performance Merit Increase: Association members who have not reached the top step of their salary range or are y-rated, willshall be eligible annually to receive a five percent (5%) merit increase to their base salary. To qualify for the merit increase, the member must receive a performance evaluation that their performance meets or exceeds expectations. Association members who meet the qualification will receive the five percent (5%) merit[KAT6] increase. In the event that the member’s performance evaluation is not completed within 45 days of the member's performance evaluation date, the member shall automatically receive the five percent (5%) merit increase with an effective date of the member’s evaluation date. (A) Timeliness of Performance Evaluations
In the event that an employee’sAssociation member’s performance evaluation is not completed within forty five (45) days of the employee’s member’s performance evaluation date, the employee member shall automatically receive his/hertheir merit increase and any back pay owed for the time period that the evaluation was delayed. If the employee member is at the top-step of their salary range, the following performance bonus should be issued in accordance with the procedures outlined in subsection (B) below. (B) Performance Bonus
Association members who reach the top-step of their salary range or are y-rated will be eligible annually to receive a two percent (2%) performance bonus. To qualify for the performance bonus, the employee member must receive a performance evaluation rating of satisfactory or better. Association members who meet that qualification will receive the two percent (2%) performance bonus. The performance bonus will be calculated by multiplying 2% by the employee’s member’s base wage rateannual salary. The performance bonus will be distributed as a one-time bonus payment subject to all applicable[KAT7] state and federal tax rates and will not increase the employee’s member’s base wage rate. In the event that the employee’s member’s performance evaluation is not completed within 45 days of the employee’s member’s performance evaluation date, the employee member shall automatically receive the two percent (2%) performance bonus. Each employee member can receive the performance bonus on a payday of their choosing. However, the performance bonus must be paid out by the last complete payroll period of the fiscal year in which the performance bonus was awarded.

ARTICLE 29 – OVERTIME
Association members are considered non-exempt employees for purposes of the Fair Labor Standards Act of 1938 and its subsequent amendments (FLSA).

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It is the policy of the City to avoid overtime work whenever possible. In cases of emergency, however, or whenever public interest or necessity requires, any employee may be directed by proper authority, and in such cases, is expected to perform overtime work.

Overtime means all authorized hours worked by non-exempt employees in excess of his / hertheir normal work period, regular work week, work day, or shift, unless otherwise established in a manner consistent with law.

All non-exempt employees who perform authorized overtime work shall be compensated for such work at the rate of one and one-half (1½) times his / herthe regular hourly rate of pay multiplied by the number of overtime hours worked. For the purposes of calculating overtime, all hours in a paid status shall be counted as hours worked.

No overtime shall be recorded or reported for less than one-quarter (1/4) hour of work. All overtime work, except for emergency conditions, must have the approval of the appropriate supervisor prior to actual performance of the work. Failure to obtain such approval in advance may be justification for disapproval of any overtime compensation and / or discipline.

ARTICLE 30 – COMPENSATORY TIME
Association members may elect to take compensatory time in lieu of overtime pay. Compensatory time shall be administered based on the following provisions:
 Eligible employees members will accrue compensatory time at the rate of one and one-half (1½) times the actual number of hours worked for those hours worked in excess of the employee’s member’s normal work period, regular work week, work day, or shift.  Compensatory time shall be reported and recorded in one-quarter (1/4) hour increments.  Total accumulated compensatory time accrued shall not exceed one hundred sixty (160) hours. Employees Association members who have accumulated one hundred sixty (160) hours of compensatory time shall have overtime paid in cash until their accumulated compensatory hours fall under the one hundred sixty (160) hour limit.  Association members may elect to buy down any amount of accrued compensatory time by submitting a written request to the Finance Department.

ARTICLE 31– STAND BY COMPENSATION
Association members shall be eligible to receive stand-by compensation as defined in Section 206- 1 of the existing City Policies and Procedures Manual, as currently applied to Public Works Department employees.

ARTICLE 32 – SHIFT DIFFERENTIAL
Association members shall be eligible for a two and a half percent (2.5%) shift differential when assigned to work outside of the traditional hours between 7:00 AM to 5:00 PM and meet the following criteria.

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(2.5%) of the member’s regular hourly rate of pay multiplied by the number of hours worked for the member’s entire shift.

Members who are not assigned to work, as a part of their regular schedule, a majority of their assigned shift between the hours of 5:00 PM and 7:00 AM, are not eligible for shift differential for hours worked as overtime between the hours of 5:00 PM and 7:00 AM.

If an Association member is assigned to patrol duty work based on a 5/8 work schedule, shift differential compensation shall be paid according to the following schedule:
 Swing Shift: 2.5% increase over base wage rate

 Graveyard Shift: 5.0% increase over base wage rate
The parties agree that Shift Differential Pay is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4).

ARTICLE 33 – UNIFORM ALLOWANCE
Upon completion of the one-year probationary period as a Police Officer, the City agrees to provide each Association member assigned to the Uniform Bureau on a regular basis a uniform allowance of $1200 per year. This allowance should be paid annually during the first payroll period with a pay date in December. Should an employeea member terminate employment prior to the end of the fiscal year, a repayment of the uniform allowance will be required on a pro-rated basis.

Furthermore, every new Police Officer and Police Officer Trainee hired by the City shall receive $1200 per year for the purchase of uniforms and other official apparel. If the employee member leaves the employ of the City during the Academy or during the one-year probationary period, such employees members shall reimburse the City the $1200 uniform allowance on a pro-rata basis (i.e., $1200 times the fraction of the probationary year that the employee member fails to complete). The allowance provided for herein shall constitute the full uniform allowance available to an employeea member attending the Academy and during the probationary period.

In addition to the above, SRT- and CNT-assigned officers will receive an additional $500 annually for uniforms unique to this assignment.

The City shall report to the California Public Employees’ Retirement System (CalPERS) the uniform allowance for each sworn and civilian classification as special compensation in accordance with Title 2, California Code of Regulation, Section 571(a)(5). Notwithstanding the previous sentence, for “new members” as defined by the Public Employees’ Pension Reform Act of 2013, the uniform allowance will not be reported as compensation earnable to CalPERS.

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ARTICLE 34 – POST / EDUCATIONAL INCENTIVE
Upon the successful completion of the probationary period, the City agrees to provide Association members with educational incentive pay based on the following schedule:
 45 semester units or: $46 per month
68 quarterly units
 Associate of Arts / Science Degree or 5.0% increase over base wage rate POST Intermediate Certificate
 Bachelor of Arts / Science Degree or 7.5% increase over base wage rate POST Advanced Certificate
It is further agreed that educational incentive pay awards shall become effective on the first day of the payroll period following the day on which the application for incentive pay is approved by the Personnel Officer. In no event, however, shall an employee Association member be entitled to receive POST / educational incentive pay on a retroactive basis. All aspects of the incentive pay system shall be administered in accordance with provisions of the current City Personnel Policies and Procedures.

The parties agree that to the extent permitted by law, POST Certificate/Educational Incentive is special compensation as defined by CalPERS regulations and shall be reported as such to CalPERS pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2) as Peace Officer Standard Training (POST) Certificate Pay/Educational Incentive.

ARTICLE 35 – COURT TIME
Off-duty Association members who are subpoenaed and required to appear in court as a witness on a regularly scheduled day off, or who are placed on standby at their residence, or who are otherwise restricted in making use of non-working hours, shall receive a minimum of four (4) hours compensation at the Association member’s overtime rate, provided that such action is the direct result of the individual’s employment as a sworn member of the Barstow Police Department. In these instances, the calculation for overtime will begin at the Association member’s actual court appearance time, except under the following scenario:

Association members who work a graveyard shift and are subpoenaed and required to appear in court as a witness on the same day following the end of their graveyard shift shall be compensated as follows:

1. For Association members whose court appearance time is 8:30 a.m. or earlier, the Association member shall receive a minimum of four (4) hours of compensation at the overtime rate provided that such action is the direct result of the individual’s employment as a sworn member of the Barstow Police Department. In this instance, the calculation for overtime will begin immediately following the end of the Association member’s scheduled graveyard shift.

2. For Association members whose court appearance time is after 8:30 a.m., the Association member shall receive a minimum of four (4) hours of compensation at the overtime rate provided that such action is the direct result of the individual’s employment as a sworn member of the Barstow Police Department. In this instance, the calculation for overtime will begin at the Association member’s actual court appearance time.

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ARTICLE 36 – BILINGUAL SERVICES PAY
Association members hired prior to July 1, 2011 are eligible to receive a 5% increase over their base wage rate as bilingual services pay. To qualify for bilingual services pay, Association members must be proficient in the use of Spanish, sign language, or other language approved by the Personnel Officer. Association members shall be deemed proficient in Spanish, sign language, or other language approved by the Personnel Officer through a testing process established by the City.

Association members hired after July 1, 2011 will be eligible to receive $60 100 per month pay period as bilingual services pay. To qualify for bilingual services pay, bilingual services must be necessary for the member’s positiony., Association members must be also be proficient in the use of Spanish, sign language, or other language approved by the Personnel Officer. Association members shall be deemed proficient in Spanish, sign language, or other language approved by the Personnel Officer through a testing process established by the City.

The parties agree that the Bilingual Services Pay is special compensation and shall be reported as such to CaIPERS, to the extent legally permissible, pursuant to Title 2 CCR 571(a)(4) – Bilingual Premium.

ARTICLE 37 – FIELD TRAINING OFFICER
The City and the Association recognize the need for Field Training Officers. To ensure the assignment of high quality officers for field training purposes, the following guidelines shall be used in the assignment of employees members to field training duty:
 There will be a minimum of three (3) officers assigned to this duty. A list will be posted and circulated amongst the uniformed officers asking for the names of those officers volunteering for the field training assignment.
 Upon receipt of the list of officers volunteering for field training assignment, the individual officer's personnel file and training file will be reviewed by the staff of the Police Department, at which time the assignment of officers to field training duty will be made by the Chief of Police.
 Following assignment of officers to field training duty, such officers will be sent to a P.O.S.T. certified Field Training Officers course at a time convenient to the Department.  Employees Association members assigned to Field Training Officer status that are actually engaged in the training of another employee member shall receive a 5% increase over their base wage rate while so engaged.

ARTICLE 38 – ACTING WATCH COMMANDER PAY
The Chief of Police or his / her designee(s) may assign a member of the Association to serve as Acting Watch Commander. When assigned to serve in this capacity, that employee Association member shall receive a 5% increase over his / hertheir base wage rate for all time actually worked in the capacity of Acting Watch Commander.

The parties agree that Acting Watch Commander Pay is special compensation and shall be reported as such to CalPERS for “classic members”, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(3) Temporary Upgrade Pay.

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ARTICLE 39 – SPECIAL ASSIGNMENT PAY
Association members shall receive a five percent (5%) increase over their base wage rate when assigned to work as a Detective, Special Response Team (SRT), Canine Officer, or when assigned to the Crime Impact Team. If member is assigned to two (2) separate Special Assignments, the member would be eligible for both Special Assignment Pays under the same terms and conditions outlined in this Article.

Association members shall receive a five percent (5%) increase over the base wage rate when assigned as a School Resources Officer or Mall Officer. School Resource Officers shall continue to receive their special assignment throughout the entire calendar year and shall not lose their special assignment during school holidays and breaks.

However, assignments which are less than ninety (90) days in duration, or are otherwise of a temporary nature, shall not result in special assignment pay. For example, if an Association member who is not regularly assigned to a special assignment is temporarily assigned for one day or one week to work a special assignment, that employee member does not qualify for special assignment pay.

Special assignment pay is not available to members of the Association who are on injury duty leave in excess of sixty (60) days. Special assignment pay shall not be part of the calculation for paid vacation, holiday, sick, or other paid leave when such vacation or leave is taken after expiration of the special assignment.

The parties agree that Special Assignment Pay it is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4).

ARTICLE 40 – TUITION REIMBURSEMENT
Association members will be eligible for tuition reimbursement of up to $1,000 per fiscal year.

Reimbursable expenses must be approved by the City Manager and will include items such as registration, tuition, textbooks, and parking.

ARTICLE 41 – RECLASSIFICATION
During the term of this Agreement, should any employee member represented by the Association be reclassified to a position having a lower salary range, the employee Association member shall continue at their same salary and with the same merit salary increase eligibility date, provided such action does not result in a salary exceeding the maximum step of the salary range in which the new position is classified. Should the employee's member's current salary exceed the maximum step of the salary range in which the position is classified, the salary of such employee member shall be designated as “Y-rated” and shall not be increased through either general increase or merit increase until the maximum step of the salary range in which the position is classified exceeds the employee's member's actual salary.

ARTICLE 42 – SEVERANCE PROVISION IF SERVICES ARE CONTRACTED OUT

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During the term of this Agreement, should any position represented by the Association be eliminated as an economy measure due to the City exercising its management right to contract for services presently performed by a member of the Association (or for other reasons), the incumbent employeemembers, pursuant to a written severance agreement on a form approved by the City Attorney, may agree to voluntarily resign his / hertheir employment with the City and receive one month worth of severance pay for each full year of service with the City. Such severance pay will be capped at a maximum of six months’ worth of severance pay and shall constitute the sole compensation and damages for the terminated employeemember. No severance shall be owed in the absence of a signed severance agreement. Any affected employee member shall also receive the cash equivalent of his / hertheir accrued vacation, holiday leave, and compensatory time based upon his / hertheir base wage rate at the date of termination.

ARTICLE 43 –CANINE OFFICER PAY
On regularly scheduled workdays, canine officers will be permitted to arrive at work thirty (30) minutes late or leave work thirty (30) minutes early each day as compensation for off-duty time to maintain the dog. The time period will be determined by the Chief of Police, or his/her designee, based on the needs of the department.

Except as provided herein, canine officers, on regularly scheduled days off, shall be paid for thirty (30) minutes, at one-and-one-half (1 ½) times his/hertheir regular hourly rate of pay, for maintenance of the dog. When a canine handler is off duty (regular days off, vacation, sick, etc.) but is not caring for the canine due to the canine being in boarding (in the care of someone else other than the officer), then the officer will not be compensated for each day the canine is in boarding.

In the event that the canine handler is required to take the dog to a veterinarian for examination or treatment when the officer is off duty, the handler shall obtain supervisor approval prior to going to the veterinarian and shall be compensated for those additional maintenance activities above and beyond the normal care and maintenance of the animal.

The parties agree that Canine Officer / Animal Premium Pay it is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4[KAT9]).

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SECTION 3 – RETIREMENT
ARTICLE 44 – RETIREMENT BENEFIT
For all Association members, except those deemed “new members” within the meaning of the California Public Employees’ Pension Reform Act of 2013, the following shall apply:

Association members will be enrolled in the City’s retirement program through California Public Employees Retirement System (CalPERS). The City shall provide those employees with the CalPERS 3%@50 retirement plan, along with the following optional benefits:
 One-year final compensation.
 Credit for unused sick leave.
 Fourth Level of 1959 survivor benefit.
 Military service credit as public service.
 Employer paid member contributions converted to pay rate during the final compensation period.
 For all Association members hired by the City prior to July 1, 2010, the employee Association member shall pay a total of eight percent (8%) of the employee member portion of the retirement contribution to CalPERS. The City shall continue to pay one percent (1%) of the employee member’s portion of the retirement contribution to CalPERS.  For all Association members hired by the City between July 1, 2011 and December 31, 2012 and any employees members hired after December 31, 2012 who are not deemed “new members” as outlined below, the City shall not assume any of the cost of the employee member portion of the retirement contribution to CalPERS. Association members who fall into this category will be responsible for paying the full share of the employee member’s contribution rate. However, in no event shall the contribution cost exceed nine percent (9%).

For all employees Association members deemed “new members” within the meaning of the California Public Employees’ Pension Reform Act of 2013 (“PEPRA”), the following shall apply:
 CalPERS 2.7%@57 retirement plan.
 Three-year average compensation.
 Credit for unused sick leave.
 Fourth Level of 1959 survivor benefit.
 Military service credit as public service.
 Furthermore, for all Association members that are deemed “new members” within the meaning of PEPRA, those Association members will be required to pay for at least fifty percent (50%) of the total annual normal contribution cost for the pension benefit. However, in no event shall the contribution cost exceed twelve percent (12%).

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ARTICLE 45 – RETIREE MEDICAL BENEFIT
The following describes the retiree medical insurance benefit that will be provided by the City.

I. Retiree Medical Benefits Required by PEMHCA
The City shall offer participation in a medical insurance plan. Furthermore, all retirees vested in CalPERS shall be entitled to the benefits described in the Public Employees’ Medical and Hospital Care Act (PEMHCA) resolution that is in effect. Eligibility for these benefits shall follow the rules prescribed by PEMHCA. The PEMHCA contribution, paid directly to the California Public Employees’ System (CalPERS) by the City, shall be considered part of — not in addition to — any other City benefit (i.e., Cafeteria Plan), contribution or reimbursement offered under this MOU. Furthermore, should the City discontinue providing medical coverage through CalPERS, the PEMHCA required benefits will automatically be discontinued.

I. TIER I RETIREMENT HEALTH INSURANCE PROGRAM
Those Association members who have processed a bona fide retirement from the City on or before November 5, 2012, and who currently receive a City-funded retirement health insurance benefit amount, will continue to be eligible to participate in the City-funded Tier I Retirement Health Insurance Program (“Tier I”). Retirees who are eligible under the Tier I program and elect to not be covered under one of the CalPERS sponsored health insurance programs shall not be eligible for any type of contribution or reimbursement from the City.

Effective January 1, 2014, the tables below demonstrate the maximum contribution amount that the City will contribute (which includes the adopted Public Employee’s Medical and Hospital Care Act (PEMHCA) minimum) toward retiree health insurance premiums for those Association members who qualify for the Tier I Program and who are enrolled in either a CalPERS Basic Plan or CalPERS Supplemental / Managed Medicare Plan.

TIER I RETIREE MEDICAL PROGRAM

PLAN NAME
(Includes Basic Plans & Supplement /
Managed Medicare Plans)

MAXIMUM MONTHLY

CONTRIBUTION PAID BY
THE CITY *

MONTHLY PEMHCA

MINIMUM

CONTRIBUTION PAID

DIRECTLY TO CALPERS

MAXIMUM

REIMBURSEMENT AMOUNT

PAID DIRECTLY TO

RETIREE
PERS-Care (PC) PPO 90/10 Plan $514.00
To be determined based on
the updated CalPERS
PEMHCA Minimum
Employer Rate as
published by CalPERS.

Difference between the
Monthly Maximum
Contribution Paid by the City
less the Monthly PEMHCA
Minimum Contribution.

PERS-Choice (PCh) PPO 80/20 Plan $499.00
To be determined based on
the updated CalPERS
PEMHCA Minimum
Employer Rate as
published by CalPERS.

Difference between the
Monthly Maximum
Contribution Paid by the City
less the Monthly PEMHCA
Minimum Contribution.

PERS-Select PPO $454.10
To be determined based on
the updated CalPERS
PEMHCA Minimum
Employer Rate as
published by CalPERS.

Difference between the
Monthly Maximum
Contribution Paid by the City
less the Monthly PEMHCA
Minimum Contribution.

Continued on Next Page

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TIER I RETIREE MEDICAL PROGRAM (CONTINUED)

PLAN NAME
(Includes Basic Plans & Supplement /
Managed Medicare Plans)

MAXIMUM MONTHLY

CONTRIBUTION PAID BY
THE CITY *

MONTHLY PEMHCA

MINIMUM

CONTRIBUTION PAID

DIRECTLY TO CALPERS

MAXIMUM

REIMBURSEMENT AMOUNT

PAID DIRECTLY TO

RETIREE
PORAC PPO $429.27
To be determined based on
the updated CalPERS
PEMHCA Minimum
Employer Rate as
published by CalPERS.

Difference between the
Monthly Maximum
Contribution Paid by the City
less the Monthly PEMHCA
Minimum Contribution.

Blue Shield HMO $409.00
To be determined based on
the updated CalPERS
PEMHCA Minimum
Employer Rate as
published by CalPERS.

Difference between the
Monthly Maximum
Contribution Paid by the City
less the Monthly PEMHCA
Minimum Contribution.

Blue Shield Net Value HMO $419.52
To be determined based on
the updated CalPERS
PEMHCA Minimum
Employer Rate as
published by CalPERS.

Difference between the
Monthly Maximum
Contribution Paid by the City
less the Monthly PEMHCA
Minimum Contribution.

Kaiser HMO $428.57
To be determined based on
the updated CalPERS
PEMHCA Minimum
Employer Rate as
published by CalPERS.

Difference between the
Monthly Maximum
Contribution Paid by the City
less the Monthly PEMHCA
Minimum Contribution.

Anthem Select HMO $394.96
To be determined based on
the updated CalPERS
PEMHCA Minimum
Employer Rate as
published by CalPERS.

Difference between the
Monthly Maximum
Contribution Paid by the City
less the Monthly PEMHCA
Minimum Contribution.

Anthem Traditional HMO $456.30
To be determined based on
the updated CalPERS
PEMHCA Minimum
Employer Rate as
published by CalPERS.

Difference between the
Monthly Maximum
Contribution Paid by the City
less the Monthly PEMHCA
Minimum Contribution.

Health Net Smart Care $450.45
To be determined based on
the updated CalPERS
PEMHCA Minimum
Employer Rate as
published by CalPERS.

Difference between the
Monthly Maximum
Contribution Paid by the City
less the Monthly PEMHCA
Minimum Contribution.

Health Net Salud y Mas $353.12
To be determined based on
the updated CalPERS
PEMHCA Minimum
Employer Rate as
published by CalPERS.

Difference between the
Monthly Maximum
Contribution Paid by the City
less the Monthly PEMHCA
Minimum Contribution.

United Health Care $404.84
To be determined based on
the updated CalPERS
PEMHCA Minimum
Employer Rate as
published by CalPERS.

Difference between the
Monthly Maximum
Contribution Paid by the City
less the Monthly PEMHCA
Minimum Contribution.
*The maximum monthly contribution paid by the City shall be the based upon the plan each retiree is enrolled in. Should the monthly insurance premium of the selected plan be less than the maximum monthly contribution (as shown in the preceding table), the maximum monthly contribution that will be paid by the City will be the lesser of the two amounts. Furthermore, should future health insurance plans be added to the list of available plans, the maximum monthly City contribution amount towards those plans will be 83% of the monthly premium of the Basic Plan Employee Only coverage calculated in the plan’s inaugural year, or the actual premium amount, whichever is the lesser of the two amounts.

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For Tier I eligible Association members, reimbursement amounts will be determined based on the records available from CalPERS to verify retiree enrollment in health insurance and to ascertain the amount the City owes each retiree. Should the City be unable to obtain sufficient information from CalPERS to determine the enrollment and premium amounts, it may require retirees to provide appropriate proof of enrollment and premium payments.

For Tier I eligible Association members, commencing January 1, 2014, any reimbursement paid directly to the retiree will occur on the 1st of each month or the business day prior should the 1st of the month fall on a weekend or holiday. It will be the retiree’s responsibility to fund any premium costs in excess of the maximum contribution amount provided by the City:

II. TIER II RETIREMENT HEALTH INSURANCE PROGRAM
Any association member employed by the City on or before December 31, 2012 will be eligible to participate in the City-funded Tier II Retirement Health Insurance Program (“Tier II”), provided that the following provisions are met:

1. Completion of at least ten (10) years of employment with the City (whether or not the years of employment were in consecutive order).

2. Process a bona fide retirement from the City.

3. Be at least of retirement age for the employee’s member’s pension plan.

Effective January 1, 2014, the tables below demonstrates the maximum contribution amount that the City will contribute (which includes the adopted Public Employee’s Medical and Hospital Care Act (PEMHCA) minimum) to those Association members who meet the above listed Tier II eligibility requirements.

TIER II RETIREE MEDICAL PROGRAM

ELIGIBILITY STATUS

MAXIMUM MONTHLY

CONTRIBUTION PAID BY
THE CITY *

MONTHLY PEMHCA

MINIMUM

CONTRIBUTION PAID

DIRECTLY TO CALPERS

MAXIMUM

REIMBURSEMENT

AMOUNT PAID

DIRECTLY TO RETIREE
Prior to eligibility for Supplemental /
Managed Medicare Health Insurance $600.00
To be determined based
on the updated CalPERS
PEMHCA Minimum
Employer Rate as
published by CalPERS.

Difference between the
Monthly Maximum
Contribution Paid by the
City less the Monthly
PEMHCA Minimum
Contribution.

After eligibility for Supplemental /
Managed Medicare Health Insurance $550.00
To be determined based
on the updated CalPERS
PEMHCA Minimum
Employer Rate as
published by CalPERS.

Difference between the
Monthly Maximum
Contribution Paid by the
City less the Monthly
PEMHCA Minimum
Contribution.
* Should the monthly premium of the selected insurance program cost less than the maximum monthly contribution (as shown in the preceding table), the maximum monthly contribution paid by the City will be the lesser of the two amounts.

For Tier II eligible Association members, reimbursement amounts will be based on the records available from CalPERS to verify retiree enrollment in health insurance and to ascertain the amount it owes to each retiree. Should the City be unable to

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obtain sufficient information from CalPERS to determine the enrollment and premium amounts, it may require retirees to provide appropriate proof of enrollment and premium payments.

Retirees who are eligible under the Tier II program and elect to not be covered under one of the CalPERS sponsored health insurance programs shall not be eligible for any type of contribution or reimbursement from the City.

For Tier II eligible Association members, commencing January 1, 2014, any reimbursement paid directly to the retiree will occur on the 1st of each month or the business day prior should the 1st of the month fall on a weekend or holiday. It will be the retiree’s responsibility to fund any premium costs in excess of the maximum contribution amount provided by the City.

III. TIER III RETIREMENT HEALTH INSURANCE PROGRAM
Any association Association member employed by the City on or after January 1, 2013 will be eligible to participate in the City-funded Tier III Retirement Health Insurance Program (“Tier III”), provided that the following provisions are met:

1. Completion of at least ten (10) years of employment with the City (whether or not the years of employment were in consecutive order).

2. Process a bona fide retirement from the City.

3. Be at least of retirement age for the employee’s member’s pension plan.

Effective January 1, 2014, the table below demonstrates the maximum contribution amount that the City will contribute (which includes the adopted Public Employee’s Medical and Hospital Care Act (PEMHCA) minimum) to those Association members who meet the above listed Tier III eligibility requirements.

TIER III RETIREE MEDICAL PROGRAM

ELIGIBILITY STATUS

MAXIMUM MONTHLY

CONTRIBUTION PAID BY
THE CITY *

MONTHLY PEMHCA

MINIMUM

CONTRIBUTION PAID

DIRECTLY TO CALPERS

MAXIMUM

REIMBURSEMENT

AMOUNT PAID

DIRECTLY TO RETIREE
Prior to eligibility for Supplemental /
Managed Medicare Health Insurance $300.00
To be determined based
on the updated CalPERS
PEMHCA Minimum
Employer Rate as
published by CalPERS.

Difference between the
Monthly Maximum
Contribution Paid by the
City less the Monthly
PEMHCA Minimum
Contribution.

After eligibility for Supplemental /
Managed Medicare Health Insurance $0.00
To be determined based
on the updated CalPERS
PEMHCA Minimum
Employer Rate as
published by CalPERS.
$0.00
* Should the monthly premium of the selected insurance program cost less than the maximum monthly contribution (as shown in the preceding table), the maximum monthly contribution paid by the City will be the lesser of the two amounts.

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For Tier III eligible Association members, reimbursement amounts will be based on the records available from CalPERS to verify retiree enrollment in health insurance and to ascertain the amount it owes to each retiree. Should the City be unable to obtain sufficient information from CalPERS to determine the enrollment and premium amounts, it may require retirees to provide appropriate proof of enrollment and premium payments.

Retirees who are eligible under the Tier III program and elect to not be covered under one of the CalPERS sponsored health insurance programs shall not be eligible for any type of contribution or reimbursement from the City.

For Tier III eligible Association members, commencing January 1, 2014, any reimbursement paid directly to the retiree will occur on the 1st of each month or the business day prior should the 1st of the month fall on a weekend or holiday. It will be the retiree’s responsibility to fund any premium costs in excess of the maximum contribution amount provided by the City:

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SECTION 4 – TIME-OFF PROVISIONS
ARTICLE 46 – HOLIDAYS
During the term of this agreement, the City will create a Holiday Leave Bank for each Association member. On July 1st of each year, every employee’s member’s Holiday Leave Bank will be credited with 135 fifteen (15) days hours of holiday leave time. The 135 hours fifteen (15) days will be provided in recognition of the fifteen (15) paid holidays that the City recognizes annually, with each of those holidays being observed at the the rate of nine (9) hours per daymember’s assigned work scheduled hours. Any time not taken by the employee member at the end of each fiscal year will be paid out in cash (with the exception of the Winter Holiday Hours) during the last complete payroll period of June. The fifteen (15) holidays recognized by the City are as follows:

Holiday Day
New Year’s Day January 1st
Martin Luther King Day 3
rd Monday in January
Washington’s Birthday 3
rd Monday in February
Memorial Day Last Monday in May
Juneteenth June 19th
Independence Day July 4th
Labor Day 1
st Monday in September
Veteran’s Day As noted in the Government Code
Thanksgiving Day 4
th Thursday in November
Day after Thanksgiving Day after Thanksgiving
Christmas Eve December 24th
Christmas Day December 25th
New Year’s Eve Day December 31st
Floating Holiday As approved / scheduled
Employee’s Birthday As approved / scheduled
Effective July 1, 2025, the City and the Association mutually agree to the closure of the City for business during the winter holiday period as follows: December 24 through January 1 of each year.

In conjunction with the City paid holiday time (Christmas Eve, Christmas Day, New Year’s Eve and New Year’s Day) the Winter Holiday dates will be City paid holiday time for the member’s regular scheduled work hours and will have no cash value.

Winter Holiday Dates: December 26, December 29 and December 30, 2025.

In the event the Winter Holiday hours cannot be taken as time off, Association Member may bank the hours not used. The Winter Holiday bank shall not exceed a total of eight (8) days. Any hours above the eight (8) days, will be forfeited.

Holiday hours will be paid in accordance with the Association members assigned work schedule.

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of the Winter Holiday Hours) as of June 30th of each year shall be distributed to the employee member in cash on the first payroll period with a pay date in July.

ARTICLE 47 – VACATION
During the term of this Agreement, Association members shall accrue vacation leave according to the following schedule:

Years of Service
Hours
Accrued Per
Pay Period
Number of
Pay
Periods
Hours
Accrued Per
Year
1 through 4 4.70 26 122.2
5 through 9 5.30 26 137.8
10 through 14 6.20 26 161.2
15 through 19 6.80 26 176.8
20+ 8.00 26 208
The maximum number of vacation hours that can be accumulated and maintained in any individual employee's Association member’s vacation account shall be two (2) years’ worth of accrual.

Once a an employeemember has accrued two (2) years’ worth of vacation hours in their account, that employee member will be allowed to accrue a third (3rd) years’ worth of vacation hours for use during the fiscal year. Any unused vacation hours accrued during the third (3rd) year as of June 30th shall be distributed to the employee member in cash during the last complete payroll period of the fiscal year.

For members of the Association, each individual employee member shall also have the option of cashing out up to 50% of earned and accumulated vacation hours during the first payroll period with a pay date in January. In addition, each individual employee member shall have the option of cashing out up to fifty percent (50%) of earned and accumulated vacation hours during the last complete payroll period of the fiscal year.

ARTICLE 48 – SICK LEAVE
Association members shall accrue sick leave at the rate of four hours (4.0) hours per pay period.

There shall be no accrual limit for sick leave.

Upon bona fide retirement from the City through CalPERS, employees members may receive payment of accrued sick leave, up to a maximum of 600 hours. Payment shall be made at employee's member's rate of pay at the time of retirement. In addition, the City will offer employees members the option of converting up to one year’s worth of unused sick leave (2,080 hours) for credit as service time for retirement purposes based on the program details as defined by CalPERS.

Outside of the provisions listed above, the City shall not provide any other type of annual payout for accrued sick leave. In addition, outside of the provisions listed above, the City shall not provide any other form of compensation for accrued sick leave to an employee member who is separating employment with the City.

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ARTICLE 49 – BEREAVEMENT LEAVE
In the event of the death of a member of an employee’s immediate family (defined as a spouse, parent, stepparent, sibling, children, stepchildren, grandparent, father-in-law, mother-in-law, brotherin-law, sister-in-law, son-in-law, daughter-in-law, grandchild, domestic partner, or anyone who can be certified as having raised the employee Association member as a child), Association members will be entitled to five (5) paid days for bereavement leave.

Employees Association members may also take time off for bereavement situations for nonimmediate family members by utilizing accrued sick leave or vacation leave for such circumstance with the approval of the employee’s member’s immediate supervisor.

ARTICLE 50 – JURY LEAVE
An employeeAssociation members required to serve on a jury shall be entitled to regular compensation provided the employee member deposits fees for jury service, excluding mileage reimbursement, with the Finance Department.

An employeeA member serving more than five (5) hours of jury service in one day shall not be required to report for a regularly scheduled swing or graveyard shift assignment on the same day, provided the employee member notifies the immediate supervisor of the absence and the reason for that absence. In such cases, the memberemployee shall be deemed to have completed the employee's member's regularly scheduled shift assignment. Employees Association members are required to deliver to the City's payroll department a “Jury Duty Certification” form at the conclusion of jury service, verifying the employee's member's jury service.

ARTICLE 51 – MILITARY LEAVE
Military Leave will be granted in accordance with the requirements of applicable state and federal law.

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SECTION 5 – INSURANCE
ARTICLE 52 – CAFETERIA PLAN
Those Association members who elect to receive medical coverage through the City will receive $1,000 per montha monthly allowance based on the medical coverage selected, which may be used to enroll in any of the offered medical, dental, and vision plans. Any unused remainder may be taken as cash, put in the employee’s member’s deferred compensation account, or be used towards any additional City sponsored insurance programs.

Association members who elect the Employee only plan shall receive a one-time payment in the amount of five hundred dollars ($500), payable upon ratification and adoption by City Council.

Those Association members hired prior to January 6, 2026, who can provide proof of medical insurance coverage through an alternative source shall be eligible to receive $750 per month which can be taken as cash, put in the employee’s member’s deferred compensation account, or be used towards any additional City sponsored insurance programs.

Those Association members hired January 6, 2026 or later, who can provide proof of medical insurance coverage through an alternative source, shall be eligible to receive $2,000 annually (or approximately $76.92 per pay period) which can be taken as cash, put in the member’s deferred compensation account, or be used towards any additional City sponsored insurance programs.

ARTICLE 53 – MEDICAL INSURANCE
The City shall offer participation in a medical insurance plan.

ARTICLE 54 – DENTAL INSURANCE
The City shall offer participation in a dental insurance plan.

ARTICLE 55 – VISION INSURANCE
The City shall offer participation in a vision insurance plan.

ARTICLE 56 – LIFE INSURANCE
The City shall provide each Association member with a life insurance policy of $100,000.

ARTICLE 57 – STATE DISABILITY INSURANCE
During the term of this Agreement, the City shall assume the actual cost of State Disability Insurance (SDI) monthly premiums for Association members.

Employee only $1,000 per month
Employee plus one dependent $1,500 per month
Employee plus family $1,900 per month

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ARTICLE 58 – LONG TERM DISABILITY
The City shall provide a long term disability program for Association members which includes the following minimum benefit levels:
 60% of base pay
 Maximum benefit up to $6,000 per month
ARTICLE 59 – MEDICARE PARTICIPATION
During the term of this Agreement, should Federal Law require participation in Medicare or any similar program, the City agrees to assume the actual cost of such program(s) for Association members only.

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BARSTOW POLICE OFFICERS’

ASSOCIATION
BY:
________________________________

MATTHEW HELMSGEMMA DAY

PRESIDENT
DATE:
________________________________
BY:
________________________________

VICE PRESIDENT
DATE:
________________________________

CITY OF BARSTOW
BY:
________________________________
WILLIE A. HOPKINS, JR.ROCHELLE

CLAYTON

CITY MANAGER
DATE:
________________________________

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MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF BARSTOW
AND
THE BARSTOW POLICE OFFICERS’ ASSOCIATION
UNIT 3
JULY 1, 2025 – JUNE 30, 2026

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Table of Contents
SECTION 1 – GENERAL PROVISIONS..................................................................................................................3 Article 1 – Preamble......................................................................................................................................3 Article 2 – Recognition and Scope of Representation..................................................................................3 Article 3 – Management Rights.....................................................................................................................3 Article 4 – Administrative Authority.............................................................................................................4 Article 5 – Conditions of Employment..........................................................................................................4 Article 6 – Payroll Deductions.......................................................................................................................4 Article 7 – Rules Governing Reductions........................................................................................................4 Article 8 – Association Activities...................................................................................................................4 Article 9 – General Association Meetings.....................................................................................................5 Article 10 – Uniform Requirement ...............................................................................................................5 Article 11 – Designation of Informal Rank of Senior Officer........................................................................5 Article 12 – Safety Equipment ......................................................................................................................6 Article 13 – Hours of Work............................................................................................................................6 Article 14 – Shift Schedule ............................................................................................................................7 Article 15 – Training ......................................................................................................................................7 Article 16 – Officer Involved Shooting Incidents..........................................................................................8 Article 17 – Personnel Records.....................................................................................................................8 Article 18 – Non-Discrimination....................................................................................................................8 Article 19 – Use of Automobiles by Detectives............................................................................................8 Article 20 – Discipline Subject To Hearing Process.......................................................................................8 Article 21 – Public Safety Officers Procedural Bill of Rights ........................................................................9 Article 22 – Grievance Procedures................................................................................................................9 Article 23 – Full Agreement.........................................................................................................................13 Article 24 – Severability ..............................................................................................................................13 Article 25 – Agreement Effective Upon Approval by Both Parties............................................................13 Article 26 – Term of Agreement .................................................................................................................13 SECTION 2 – SALARIES AND OTHER PAY.........................................................................................................14 Article 27 – General Wages.........................................................................................................................14 Article 28 – Performance merit increases & Evaluations...........................................................................14 Article 29 – Overtime ..................................................................................................................................15 Article 30 – Compensatory Time.................................................................................................................15 Article 31– Stand by Compensation ...........................................................................................................15 Article 32 – Shift Differential ......................................................................................................................16

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Article 33 – Uniform Allowance..................................................................................................................16 Article 34 – POST / Educational Incentive..................................................................................................16 Article 35 – Court Time................................................................................................................................17 Article 36 – Bilingual Services Pay ..............................................................................................................17 Article 37 – Field Training Officer ...............................................................................................................18 Article 38 – Acting Watch Commander Pay................................................................................................18 Article 39 – Special Assignment Pay ...........................................................................................................18 Article 40 – Tuition Reimbursement...........................................................................................................19 Article 41 – Reclassification ........................................................................................................................19 Article 42 – Severance Provision if Services are Contracted Out ..............................................................19 Article 43 –Canine Officer Pay ....................................................................................................................19 SECTION 3 – RETIREMENT...............................................................................................................................21 Article 44 – Retirement Benefit..................................................................................................................21 Article 45 – Retiree Medical Benefit...........................................................................................................22 SECTION 4 – TIME-OFF PROVISIONS...............................................................................................................27 Article 46 – Holidays....................................................................................................................................27 Article 47 – Vacation ...................................................................................................................................28 Article 48 – Sick Leave.................................................................................................................................28 Article 49 – Bereavement Leave .................................................................................................................28 Article 50 – Jury Leave.................................................................................................................................29 Article 51 – Military Leave ..........................................................................................................................29 SECTION 5 – INSURANCE.................................................................................................................................30 Article 52 – Cafeteria Plan...........................................................................................................................30 Article 53 – Medical Insurance....................................................................................................................30 Article 54 – Dental Insurance......................................................................................................................30 Article 55 – Vision Insurance.......................................................................................................................30 Article 56 – Life Insurance...........................................................................................................................30 Article 57 – State Disability Insurance........................................................................................................30 Article 58 – Long Term Disability ................................................................................................................30 Article 59 – Medicare Participation............................................................................................................31

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BARSTOW POLICE OFFICERS’ ASSOCIATION
UNIT 3

MEMORANDUM OF UNDERSTANDING
SECTION 1 – GENERAL PROVISIONS
Article 1 – Preamble
This Memorandum of Understanding (Agreement) is made and entered into by and between the City of Barstow (City) and the Barstow Police Officers’ Association (Association), pursuant to the MeyersMilias-Brown Act of the State of California, the Barstow Municipal Code, and the Personnel Policies and Procedures of the City of Barstow.

Article 2 – Recognition and Scope of Representation
During the term of this Agreement, the City recognizes that the following positions shall be represented by the Association:
 Police Officer Trainee
 Police Officer
 Police Detective
 Police Corporal
The Association's scope of representation shall include all matters pertaining to wages, hours, and other terms and conditions of employment.

Article 3 – Management Rights
During the term of this Agreement, the Association recognizes that the City has and will continue to retain (whether exercised or not) the exclusive right to operate, administer, and manage its municipal services and work force performing those services in all respects subject to this agreement. The City Manager has (and will continue to retain) exclusive decision-making authority on matters not officially and expressly modified by specific provisions of this Agreement. Said decision-making shall not (in any way directly or indirectly) be subject to the City's grievance procedure.

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consistent with law; direct its employees; take disciplinary action for just cause; relieve its employees from duty because of lack of work or for other legitimate reasons; determine the procedures and standards of selection for employment and promotion; determine the content of job classifications; determine the methods, means, and personnel by which the City's services are to be provided; maintain the efficiency of governmental operations; and to otherwise act in the interest of efficient service to the community. The inclusion of such rights in a list of City rights, and the right of the City to act on such rights shall not be subject to grievance. However, such rights shall not abridge the right of an Association member to file a grievance on the implementation of said rights.

Article 4 – Administrative Authority
During the term of this Agreement, the City Council shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry. Neither the City Council, nor any members thereof, shall be allowed to give orders to any subordinates of the City Manager.

Article 5 – Conditions of Employment
Except as otherwise noted herein, the terms and conditions of employment for members of the Association shall be those prescribed in the existing Personnel Rules and Regulations manual of the City unless otherwise agreed to by the Association.

Article 6 – Payroll Deductions
The City shall provide each Association member a maximum of two (2) payroll deductions per month upon receipt of a duly executed form properly signed by each member. The City shall remit such deductions to the Association at the Association’s address of record.

Furthermore, the Association agrees to provide the City with the following:
 Written notice of its address of record
 To indemnify, defend and hold the City and its officers, agents, and employees harmless against any claims made and any suit initiated against the City on account of Association deductions
 To refund to the City any amount paid to the Association in error upon presentation of supporting evidence
Article 7 – Rules Governing Reductions
During the term of this Agreement, no employee represented by the Association shall suffer a reduction in wages, hours, or other terms and conditions of employment, unless such reduction is proportional to that generally suffered by the other employees of the City as part of a general cost reduction program. However, this Article shall not apply to disciplinary actions or reclassifications taken pursuant to the Barstow Municipal Code and the Personnel Rules and Regulations of the City.

Article 8 – Association Activities
The City shall provide Association representatives with a reasonable amount of time to address Association business without loss of pay or benefits. Before using this time, the Association representatives must notify the immediate supervisor that the Association member will be conducting Association business and advise the supervisor of where the member can be reached in case of an emergency. Further, time off for Association business shall be noted on the member’s time card.

For the purposes of this Article, a reasonable amount of time shall not exceed one (1) hour during any seven-consecutive days.

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Article 9 – General Association Meetings
The City shall grant release time for all Association members to conduct one special meeting each quarter, provided that the meeting time and place are agreed upon by the President of the Association and the Chief of Police. The City will also allow the Association use of City facilities and equipment for said Association meetings. In addition, on-duty officers shall be permitted to attend the meeting provided that the officer remains available for service calls.

Article 10 – Uniform Requirement
The wearing of a uniform shall place responsibility on the wearer to present an appearance which is representative of the stature and prestige of the Barstow Police Department. There may be certain types of functions for which the Chief of Police may require a specific uniform.

In addition, Association members operating, as K-9 officers shall be permitted to wear a department approved baseball cap while on duty and in K-9 attire.

Article 11 – Designation of Informal Rank of Senior Officer The City shall also provide the informal rank of “Senior Officer” to any Association member with seven (7) or more years of service with the Barstow Police Department. While obtaining this informal rank of “Senior Officer” shall not result in any additional pay or benefit enhancements, or any other change in the terms and conditions of employment, such individuals will be permitted to make the following modifications to their uniform:
 Officers who obtain the informal rank of “Senior Officer” may display the rank in the form of one chevron on their uniform.
 Officers who obtain the informal rank of “Senior Officer” and who have achieved a POST Intermediate certificate may display the rank in the form of one chevron and rocker stripe on their uniform.
 Officers who obtain the informal rank of “Senior Officer and who have achieved a POST Advanced certificate may display the rank in the form of an insignia (star) in the center of a chevron and rocker stripe on their uniform.

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Article 12 – Safety Equipment
The City shall furnish, replace, or repair safety equipment as necessary according to departmental specifications. Such equipment furnished by the City shall remain the property of the City and shall be properly cared for by Association members. The following safety equipment shall be furnished by the City:
 Ammunition for practice and on-duty service
for City approved handguns for use at the
Barstow Police Department range.
 Ammunition pouch
 Baton
 Baton ring
 Bullet-proof vest
 Flashlight
 Helmet
 Holster
 Four (4) keeper straps
 Key ring / leather guard
 Rain boots
 Rain coat
 Flashlight batteries / bulbs
 Handcuffs
 Handcuff case
 Sam Browne / Sally belt
 Service weapon
 Whistle
 Eye / Ear Protection
Association members may elect to use safety equipment other than that furnished by the City, provided that such other equipment is authorized for use by the Chief of Police. Additionally, Association members are authorized to wear while on duty, drop-down holsters, load-bearing vests, and/or nylon gear as outlined and specified in Police Department policy. In the event a member elects to use authorized safety equipment other than that furnished by the City, the member shall bear the full cost of purchase, maintenance, repair, and replacement of such safety equipment, as well as any other costs incidental to the use thereof.

Article 13 – Hours of Work
The average regular work week for full-time Association members shall be forty (40) hours. For all members with an average regular work week of forty (40) hours, the monthly rate shall be the hourly rate times 2,080 divided by 12.

In certain instances, alternatives to the traditional work schedule for the convenience of the Association member may be appropriate. Such schedules may be installed under the following guidelines:

1. The City or the member may initiate a request regarding such alternate work schedules.

2. Alternate work schedules shall not reduce service to the public.

3. Such schedules may be revoked by either party upon notice to the other party.

4. Such schedules may continue by mutual agreement of both parties.

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5. Association members who perform authorized work in excess of the defined work day or work week and who are otherwise eligible for overtime pay shall be compensated for such work at the rate of one and one half (1 ½) times their regular hourly rate of pay.

6. Association members may be assigned to or from an alternate work schedule only effective at the beginning of a biweekly pay period.

Article 14 – Shift Schedule
In general, the work schedule for Association members shall be coordinated in a manner consistent with the parameters below:
 Officers shall work six (6) twelve (12) hour shifts and one (1) eight (8) hour shift each pay period with the pay period beginning on Sunday and ending on Saturday.  A shift rotation schedule shall be created by the Chief of Police for the Patrol Division.

Officers will bid on shifts based on seniority prior to the start of a calendar year. The officer will remain on the shift for three (3) months at which time the officer will rotate to a different shift as herein described. At the end of six (6) months, the officer will rebid for a shift in order of seniority and repeat the shift rotation herein described:
o Day Shift working weekdays rotates to Night Shift working weekends o Day Shift working weekends rotates to Night Shift working weekdays o Night Shift working weekdays rotates to Day Shift working weekends o Night Shift working weekends rotates to Day Shift working weekdays  The City reserves the right to modify schedules subject to the meet-and-confer process.  Association members attending a college or university may arrange to exchange assigned schedules with a consenting officer on another shift to facilitate class attendance, provided the exchange is approved by the Chief of Police or their designee, and lasts for the duration of the 112-day rotation period for which it is made.
o The Association recognizes and agrees that the above provisions do not constitute a limitation or restriction on the Chief of Police’s right and authority to reassign or reschedule a member’s shift, or to otherwise change hours of work, in order to meet Departmental needs. In the case of a member temporarily reassigned to a different shift in order to meet Department needs, the member shall be entitled to return to the position on the shift from which the member was reassigned, as if the member had not left it, at the conclusion of the temporary reassignment.

Article 15 – Training
The City agrees to provide each Association member with a minimum of forty eight (48) hours of inservice training during each fiscal year. Such training shall include twenty four (24) hours of firearms training and twenty four (24) hours of other training which shall include, but not be limited to, Code 3 Pursuit Driver Training at an approved academy. However, Code 3 Pursuit Driver Training need not be repeated once taken unless required by the City.

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The City shall also make every effort to ensure that training programs are scheduled to coincide with either the first or last day of the member’s regularly scheduled days off. This means that to the extent possible, the City will not schedule or coordinate training to take place in the middle of a member’s weekend.

Article 16 – Officer Involved Shooting Incidents
Any Association member involved in a shooting incident in the capacity of a City police officer shall be entitled, upon request, to a representative before being questioned regarding the incident.

Association members will be advised of this right prior to any such questioning. Further, a member involved in a shooting incident in the capacity of a City police officer shall be provided with psychological counseling as soon as it can be obtained immediately after the incident. The Chief of Police or designee will not suspend peace officer powers or remove a member’s badge, identification card, or gun on a routine basis following involvement in a shooting incident, but instead will continue to determine such matters in their sole discretion based on the circumstances in each case as they relate to the best interests of the public and the Department.

Article 17 – Personnel Records
The City deems police officer personnel records, as defined in Penal Code Section 832.8, to be confidential and thus not subject to public or third-party disclosure without the member’s written consent, court order, or other basis permitted by law.

Article 18 – Non-Discrimination
It is agreed that both the City and the Association shall provide equal opportunity for all qualified persons, prohibit discrimination based on race, color, religion, sex, sexual orientation, age, disability, genetic information, or natural origin, or any other unlawful basis, and promote the full realization of equal opportunity through a positive and continuing program of affirmative action.

It is further agreed that no Association member shall be interfered with, intimidated, restrained, coerced, or discriminated against by either the City or the Association because of membership or non-membership in the Association.

Article 19 – Use of Automobiles by Detectives
The duty detective assigned to standby shall be allowed the use of a City vehicle during off-duty time in order to respond to calls back to duty. Detectives not assigned to standby duty shall be allowed the use of City vehicles on off-duty time including but not limited to use in commuting to and from work, subject to the availability of City vehicles. It is the intent of the City to allow Detectives which are not assigned to standby duty the ability to use a City vehicle when there are sufficient City vehicles available without requiring the City to purchase additional vehicles for this new benefit.

Article 20 – Discipline Subject To Hearing Process
Disciplinary action involving termination or unpaid suspensions of eighty (80) hours or more shall be subject to the process described herein.

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Should an officer request a hearing over proposed discipline, the City and the officer’s representative will select a hearing officer form the list below. The parties shall take turns striking names from the list, beginning with the party who wins the coin toss, until one name remains, with that person then serving as the hearing officer. The selection shall be made from the following list:

If 1094.5 review is sought by either party, the hearing officer shall prepare the administrative record for review by the Superior Court. The parties shall bear their own cost.

Article 21 – Public Safety Officers Procedural Bill of Rights The City shall comply with the Public Safety Officers Procedural Bill of Rights as set forth in California Government Code Section 3300 et seq.

Article 22 – Grievance Procedures
The following guidelines govern the City’s grievance procedures.

1. Definition.

A grievance is an written allegation by an Association member claiming violation of a specific express provision of this Agreement, the City’s Personnel Rules and Regulations, or written City policy, unless another specific method of review is provided (e.g., discipline or discrimination).

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i. First Level of Review.

The grievant shall present the formal grievance in writing to their supervisor or to the immediate supervisor of the member who is the subject of the grievance being filed. The formal written grievance must be presented within fifteen (15) days from the alleged occurrence of the violation. The written grievance shall contain the following information:

1. Name of grievant and job title;

2. Department / Division;

3. Clear and concise statement of the nature of the grievance including the circumstances and dates involved;

4. The specific provision(s) of this Agreement, the City’s Personnel Rules, or City policy alleged to have been violated;

5. Requested remedy;

6. Name of the grievant’s representative, if any;

7. Date and signature of the grievant.

The supervisor shall render a decision and comments in writing and return them to the grievant within fifteen (15) days after receiving the written grievance. If the grievant does not agree with their supervisor’s decision or if no answer has been received within the specified time period, the grievant shall present the grievance in writing to the Department Head or the Department Head’s designee within fifteen (15) days of the date the supervisor’s decision is rendered or should have been rendered pursuant to the specified time period.
ii. Second Level – Department Review.

The Department Head or designee shall discuss, upon request, the grievance with the grievant, the grievant’s representative, if any, and with other appropriate persons. The Department Head or designee shall render their decision and comments in writing and return them to the grievant within fifteen (15) days after receiving the formal written grievance or after the meeting with the grievant, whichever is later. If the grievant does not agree with the decision reached or if no answer has been received within the specified time period, the grievant may appeal the formal grievance to the next level of the grievance procedure. In order to do so, the grievant must submit the grievance to the Personnel Officer, along with a written request that the grievance be considered at the Third Level, within fifteen (15) days of the date the Department Head’s decision is rendered, or should have been rendered, pursuant to the specified time period.
iii. Third Level – Advisory Arbitration.

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The odd-numbered grievances will give the grievant first elimination; the even-numbered grievances will give the City first elimination.
b. Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. The technical rules of evidence shall not apply during the arbitration hearing. c. The arbitrator shall be strictly bound by the time limits set forth in the grievance procedure and shall not entertain any
grievance in which the grievant has not adhered to such time limits.
d. Association members called as witnesses shall be scheduled to be released from duty to testify at the hearings. The parties recognize that due to the essential nature of the services performed by the members, scheduling of time for each
member to testify at arbitration shall be in such a manner so that normal operations are not disrupted.
e. The jurisdiction of the arbitrator shall be confined to a determination of the facts and the interpretation of the provisions of the Memorandum of Understanding and / or the Personnel Rules and Regulations. The arbitrator will have no power to add to, subtract from, or modify the terms of any Agreement or the written policies, rules, regulations and procedures of the employer.

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f. Within thirty (30) days after the conclusion of the hearing, the arbitrator shall render an advisory decision in writing to the parties (including the City Manager).
g. The arbitrator’s fees and expenses shall be paid by the City.

All other costs shall be borne by the party incurring such expenses.
iv. Fourth Level – City Manager.

If the grievance is submitted to the City Manager for review and settlement, the Personnel Officer, in non-arbitrable cases, may elect the methods they consider appropriate for the study of the issues and shall render a written decision to the parties within fifteen (15) days. Notwithstanding the above, upon the grievant’s request, the matter shall be submitted to mediation prior to the Personnel Officer’s determination.

In all cases, the decision of the City Manager shall be final and binding. c. General Provisions
i. The grievant is entitled to representation of their choice at any point in the grievance procedure.
ii. Failure by the grievant to meet any of the specified time lines shall constitute a withdrawal and waiver of the grievance. Failure by the City to meet any of the specified time lines shall entitle the grievant to appeal to the next level of review.
iii. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level shall be considered as maximum, and every effort should be made to expedite the process. If the last day of the specified time period falls on the weekend or a City observed holiday, it shall be moved to the next working day. Otherwise, the time specified may be extended only by mutual written consent.
iv. Probationary employees may not grieve a rejection from probation. v. Association members shall be assured freedom from reprisal for using the grievance procedures.
vi. The Personnel Office shall act as a central repository for all grievance records. vii. Any decision or finding involving an unbudgeted expenditure must be submitted to the City Council for ratification before that decision can become final and binding.
viii. Failure on the part of an Association member or their representative to appear in any case before an arbitrator without good cause shall result in forfeiture of

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the case and responsibility for payment for all associated costs by the member.

Article 23 – Full Agreement
The City and the Association concur that this Agreement constitutes the entire contract between them governing wages, hours and conditions of employment of those employees in the bargaining unit during the term thereof and settles all demands and issues on all matters subject to the meet and confer process.

Accordingly, both the City and the Association do hereby waive the right during the term of this Agreement to demand negotiation upon any subject matter, whether or not such subject matter has or has not been raised or discussed by either party during negotiations leading to the execution of this Agreement, except for the following provisions:
 Any item, provision, or subject that both the City and Association jointly agree to reopen for discussion.

Article 24 – Severability
It is agreed that in the event a court order renders any Article of this Agreement null and void, said ruling shall negate only the applicable Article and the balance of the Agreement shall stand as written and remain in full force and effect for the duration of its term.

Article 25 – Agreement Effective Upon Approval by Both Parties This Agreement shall be effective once approved by the Barstow City Council and upon ratification and approval by a majority of the employees represented by the Association.

Article 26 – Term of Agreement
This Agreement shall take effect on July 1, 2025 and shall remain in full force and effect until June 30, 2026.

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SECTION 2 – SALARIES AND OTHER PAY
Article 27 – General Wages
Effective July 1, 2025, all Association members shall receive a six percent (6%) COLA base salary increase.

Effective February 1, 2026, all Association members shall receive an additional two percent (2%) base salary increase. To fund this two percent (2%) base salary increase, the Cafeteria Plan described in Article 52 shall be effective on January 6, 2026, and shall not be retroactive to July 1, 2025.

If the $25M is not received prior to June 30, 2026, the City will agree to Meet and Confer regarding the four percent (4%).

Article 28 – Performance merit increases & Evaluations
Performance Merit Increase: Association members who have not reached the top step of their salary range or are y-rated, shall be eligible annually to receive a five percent (5%) merit increase to their base salary. To qualify for the merit increase, the member must receive a performance evaluation that their performance meets or exceeds expectations. Association members who meet the qualification will receive the five percent (5%) merit increase. In the event that the member’s performance evaluation is not completed within 45 days of the member's performance evaluation date, the member shall automatically receive the five percent (5%) merit increase with an effective date of the member’s evaluation date.
(A) Timeliness of Performance Evaluations
In the event that Association member’s performance evaluation is not completed within forty five (45) days of the member’s performance evaluation date, the member shall automatically receive their merit increase and any back pay owed for the time period that the evaluation was delayed. If the member is at the top-step of their salary range, the following performance bonus should be issued in accordance with the procedures outlined in subsection (B) below. (B) Performance Bonus
Association members who reach the top-step of their salary range or are y-rated will be eligible annually to receive a two percent (2%) performance bonus. To qualify for the performance bonus, the member must receive a performance evaluation rating of satisfactory or better. Association members who meet that qualification will receive the two percent (2%) performance bonus. The performance bonus will be calculated by multiplying 2% by the member’s annual salary. The performance bonus will be distributed as a one-time bonus payment subject to all applicable state and federal tax rates and will not increase the member’s base wage rate. In the event that the member’s performance evaluation is not completed within 45 days of the member’s performance evaluation date, the member shall automatically receive the two percent (2%) performance bonus. Each member can receive

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the performance bonus on a payday of their choosing. However, the performance bonus must be paid out by the last complete payroll period of the fiscal year in which the performance bonus was awarded.

Article 29 – Overtime
Association members are considered non-exempt employees for purposes of the Fair Labor Standards Act of 1938 and its subsequent amendments (FLSA).

It is the policy of the City to avoid overtime work whenever possible. In cases of emergency, however, or whenever public interest or necessity requires, any employee may be directed by proper authority, and in such cases, is expected to perform overtime work.

Overtime means all authorized hours worked by non-exempt employees in excess of their normal work period, regular work week, work day, or shift, unless otherwise established in a manner consistent with law.

All non-exempt employees who perform authorized overtime work shall be compensated for such work at the rate of one and one-half (1½) times the regular hourly rate of pay multiplied by the number of overtime hours worked. For the purposes of calculating overtime, all hours in a paid status shall be counted as hours worked.

Article 30 – Compensatory Time
Association members may elect to take compensatory time in lieu of overtime pay. Compensatory time shall be administered based on the following provisions:
 Eligible members will accrue compensatory time at the rate of one and one-half (1½) times the actual number of hours worked for those hours worked in excess of the member’s normal work period, regular work week, work day, or shift.
 Compensatory time shall be reported and recorded in one-quarter (1/4) hour increments.  Total accumulated compensatory time accrued shall not exceed one hundred sixty (160) hours. Association members who have accumulated one hundred sixty (160) hours of compensatory time shall have overtime paid in cash until their accumulated compensatory hours fall under the one hundred sixty (160) hour limit.  Association members may elect to buy down any amount of accrued compensatory time by submitting a written request to the Finance Department.

Article 31– Stand by Compensation
Association members shall be eligible to receive stand-by compensation as defined in Section 206- 1 of the existing City Policies and Procedures Manual, as currently applied to Public Works Department employees.

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Article 32 – Shift Differential
Association members shall be eligible for a two and a half percent (2.5%) shift differential when assigned to work outside of the traditional hours between 7:00 AM to 5:00 PM and meet the following criteria.

Association members who are assigned to work a majority (51% or more) of their assigned shift between the hours of 5:00 PM and 7:00 AM shall be compensated for such work at the rate of two and a half percent (2.5%) of the member’s regular hourly rate of pay multiplied by the number of hours worked for the member’s entire shift.

The parties agree that Shift Differential Pay is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4).

Article 33 – Uniform Allowance
Upon completion of the one-year probationary period as a Police Officer, the City agrees to provide each Association member assigned to the Uniform Bureau on a regular basis a uniform allowance of $1200 per year. This allowance should be paid annually during the first payroll period with a pay date in December. Should a member terminate employment prior to the end of the fiscal year, a repayment of the uniform allowance will be required on a pro-rated basis.

Furthermore, every new Police Officer and Police Officer Trainee hired by the City shall receive $1200 per year for the purchase of uniforms and other official apparel. If the member leaves the employ of the City during the Academy or during the one-year probationary period, such members shall reimburse the City the $1200 uniform allowance on a pro-rata basis (i.e., $1200 times the fraction of the probationary year that the member fails to complete). The allowance provided for herein shall constitute the full uniform allowance available to a member attending the Academy and during the probationary period.

In addition to the above, SRT- and CNT-assigned officers will receive an additional $500 annually for uniforms unique to this assignment.

Article 34 – POST / Educational Incentive
Upon the successful completion of the probationary period, the City agrees to provide Association members with educational incentive pay based on the following schedule:
 45 semester units or: $46 per month
68 quarterly units
 Associate of Arts / Science Degree or 5.0% increase over base wage rate POST Intermediate Certificate

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 Bachelor of Arts / Science Degree or 7.5% increase over base wage rate POST Advanced Certificate
It is further agreed that educational incentive pay awards shall become effective on the first day of the payroll period following the day on which the application for incentive pay is approved by the Personnel Officer. In no event, however, shall an Association member be entitled to receive POST / educational incentive pay on a retroactive basis. All aspects of the incentive pay system shall be administered in accordance with provisions of the current City Personnel Policies and Procedures.

Article 35 – Court Time
Off-duty Association members who are subpoenaed and required to appear in court as a witness on a regularly scheduled day off, or who are placed on standby at their residence, or who are otherwise restricted in making use of non-working hours, shall receive a minimum of four (4) hours compensation at the Association member’s overtime rate, provided that such action is the direct result of the individual’s employment as a sworn member of the Barstow Police Department. In these instances, the calculation for overtime will begin at the Association member’s actual court appearance time, except under the following scenario:

Article 36 – Bilingual Services Pay
Association members hired prior to July 1, 2011 are eligible to receive a 5% increase over their base wage rate as bilingual services pay. To qualify for bilingual services pay, Association members must be proficient in the use of Spanish, sign language, or other language approved by the Personnel Officer. Association members shall be deemed proficient in Spanish, sign language, or other language approved by the Personnel Officer through a testing process established by the City.

Association members hired after July 1, 2011 will be eligible to receive $100 per pay period as bilingual services pay. To qualify for bilingual services pay, bilingual services must be necessary for

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the member’s position. Association members must also be proficient in the use of Spanish, sign language, or other language approved by the Personnel Officer. Association members shall be deemed proficient in Spanish, sign language, or other language approved by the Personnel Officer through a testing process established by the City.

Article 37 – Field Training Officer
The City and the Association recognize the need for Field Training Officers. To ensure the assignment of high quality officers for field training purposes, the following guidelines shall be used in the assignment of members to field training duty:
 There will be a minimum of three (3) officers assigned to this duty. A list will be posted and circulated amongst the uniformed officers asking for the names of those officers volunteering for the field training assignment.
 Upon receipt of the list of officers volunteering for field training assignment, the individual officer's personnel file and training file will be reviewed by the staff of the Police Department, at which time the assignment of officers to field training duty will be made by the Chief of Police.
 Following assignment of officers to field training duty, such officers will be sent to a P.O.S.T. certified Field Training Officers course at a time convenient to the Department.  Association members assigned to Field Training Officer status that are actually engaged in the training of another member shall receive a 5% increase over their base wage rate while so engaged.

Article 38 – Acting Watch Commander Pay
The Chief of Police or designee(s) may assign a member of the Association to serve as Acting Watch Commander. When assigned to serve in this capacity, that Association member shall receive a 5% increase over their base wage rate for all time actually worked in the capacity of Acting Watch Commander.

Article 39 – Special Assignment Pay
Association members shall receive a five percent (5%) increase over their base wage rate when assigned to work as a Detective, Special Response Team (SRT), Canine Officer, or when assigned to the Crime Impact Team. If member is assigned to two (2) separate Special Assignments, the member would be eligible for both Special Assignment Pays under the same terms and conditions outlined in this Article.

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However, assignments which are less than ninety (90) days in duration, or are otherwise of a temporary nature, shall not result in special assignment pay. For example, if an Association member who is not regularly assigned to a special assignment is temporarily assigned for one day or one week to work a special assignment, that member does not qualify for special assignment pay.

The parties agree that Special Assignment Pay it is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4).

Article 40 – Tuition Reimbursement
Association members will be eligible for tuition reimbursement of up to $1,000 per fiscal year.

Reimbursable expenses must be approved by the City Manager and will include items such as registration, tuition, textbooks, and parking.

Article 41 – Reclassification
During the term of this Agreement, should any member represented by the Association be reclassified to a position having a lower salary range, the Association member shall continue at their same salary and with the same merit salary increase eligibility date, provided such action does not result in a salary exceeding the maximum step of the salary range in which the new position is classified. Should the member's current salary exceed the maximum step of the salary range in which the position is classified, the salary of such member shall be designated as “Y-rated” and shall not be increased through either general increase or merit increase until the maximum step of the salary range in which the position is classified exceeds the member's actual salary.

Article 42 – Severance Provision if Services are Contracted Out During the term of this Agreement, should any position represented by the Association be eliminated as an economy measure due to the City exercising its management right to contract for services presently performed by a member of the Association (or for other reasons), the incumbent members, pursuant to a written severance agreement on a form approved by the City Attorney, may agree to voluntarily resign their employment with the City and receive one month worth of severance pay for each full year of service with the City. Such severance pay will be capped at a maximum of six months’ worth of severance pay and shall constitute the sole compensation and damages for the terminated member. No severance shall be owed in the absence of a signed severance agreement.

Any affected member shall also receive the cash equivalent of their accrued vacation, holiday leave, and compensatory time based upon their base wage rate at the date of termination.

Article 43 –Canine Officer Pay
On regularly scheduled workdays, canine officers will be permitted to arrive at work thirty (30) minutes late or leave work thirty (30) minutes early each day as compensation for off-duty time to maintain the dog. The time period will be determined by the Chief of Police, or designee, based on the needs of the department.

Except as provided herein, canine officers, on regularly scheduled days off, shall be paid for thirty (30) minutes, at one-and-one-half (1 ½) times their regular hourly rate of pay, for maintenance of the

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dog. When a canine handler is off duty (regular days off, vacation, sick, etc.) but is not caring for the canine due to the canine being in boarding (in the care of someone else other than the officer), then the officer will not be compensated for each day the canine is in boarding.

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SECTION 3 – RETIREMENT
Article 44 – Retirement Benefit
For all Association members, except those deemed “new members” within the meaning of the California Public Employees’ Pension Reform Act of 2013, the following shall apply:

Association members will be enrolled in the City’s retirement program through California Public Employees Retirement System (CalPERS). The City shall provide those employees with the CalPERS 3%@50 retirement plan, along with the following optional benefits:
 One-year final compensation.
 Credit for unused sick leave.
 Fourth Level of 1959 survivor benefit.
 Military service credit as public service.
 Employer paid member contributions converted to pay rate during the final compensation period.
 For all Association members hired by the City prior to July 1, 2010, the Association member shall pay a total of eight percent (8%) of the member portion of the retirement contribution to CalPERS. The City shall continue to pay one percent (1%) of the member’s portion of the retirement contribution to CalPERS.
 For all Association members hired by the City between July 1, 2011 and December 31, 2012 and any members hired after December 31, 2012 who are not deemed “new members” as outlined below, the City shall not assume any of the cost of the member portion of the retirement contribution to CalPERS. Association members who fall into this category will be responsible for paying the full share of the member’s contribution rate. However, in no event shall the contribution cost exceed nine percent (9%).

For all Association members deemed “new members” within the meaning of the California Public Employees’ Pension Reform Act of 2013 (“PEPRA”), the following shall apply:
 CalPERS 2.7%@57 retirement plan.
 Three-year average compensation.
 Credit for unused sick leave.
 Fourth Level of 1959 survivor benefit.
 Military service credit as public service.
 Furthermore, for all Association members that are deemed “new members” within the meaning of PEPRA, those Association members will be required to pay for at least fifty percent (50%) of the total annual normal contribution cost for the pension benefit. However, in no event shall the contribution cost exceed twelve percent (12%).

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Article 45 – Retiree Medical Benefit
The following describes the retiree medical insurance benefit that will be provided by the City.

TIER I RETIREE MEDICAL PROGRAM

PLAN NAME
(Includes Basic Plans & Supplement /
Managed Medicare Plans)

MAXIMUM MONTHLY

CONTRIBUTION PAID BY
THE CITY *

MONTHLY PEMHCA

MINIMUM

CONTRIBUTION PAID

DIRECTLY TO CALPERS

MAXIMUM

REIMBURSEMENT AMOUNT

PAID DIRECTLY TO

RETIREE
PERS-Care (PC) PPO 90/10 Plan $514.00
To be determined based on
the updated CalPERS
PEMHCA Minimum
Employer Rate as
published by CalPERS.

Difference between the
Monthly Maximum
Contribution Paid by the City
less the Monthly PEMHCA
Minimum Contribution.

PERS-Choice (PCh) PPO 80/20 Plan $499.00
To be determined based on
the updated CalPERS
PEMHCA Minimum
Employer Rate as
published by CalPERS.

Difference between the
Monthly Maximum
Contribution Paid by the City
less the Monthly PEMHCA
Minimum Contribution.

PERS-Select PPO $454.10
To be determined based on
the updated CalPERS
PEMHCA Minimum
Employer Rate as
published by CalPERS.

Difference between the
Monthly Maximum
Contribution Paid by the City
less the Monthly PEMHCA
Minimum Contribution.

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