005828.00026
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF BARSTOW
AND
THE BARSTOW POLICE DEPARTMENT MANAGEMENT ASSOCIATION
UNIT 8
JULY 1, 2026– JUNE 30, 2027
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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 – Rules Governing Reductions.........................................................................................................4 Article 6 – Conditions of Employment...........................................................................................................4 Article 7 – Hours of Work...............................................................................................................................4 Article 8 – Public Safety Officers Procedural Bill of Rights.............................................................................5 Article 9 – Grievance Procedures...................................................................................................................5 Article 10 – Disciplinary Appeal Procedures..................................................................................................8 Article 11 – Full Agreement .........................................................................................................................10 Article 12 – Severability ...............................................................................................................................10 Article 13 – Agreement Effective Upon Approval by Both Parties ..............................................................10 Article 14 – Term of Agreement ..................................................................................................................10 SECTION 2 – SALARIES AND OTHER PAY..........................................................................................................11 Article 15 – General Wages..........................................................................................................................11 Article 16 – Performance Bonus..................................................................................................................11 Article 17 – Overtime...................................................................................................................................11 Article 18 – Compensatory Time..................................................................................................................12 Article 19 – Stand by Compensation............................................................................................................12 Article 20 – Longevity...................................................................................................................................13 Article 21– Special Pay .................................................................................................................................13 Article 22 – Shift Differential........................................................................................................................14 Article 23 – Uniform Allowance ...................................................................................................................14 Article 24 – POST / Educational Incentive....................................................................................................14 Article 25– Court Time .................................................................................................................................15 Article 26– Bilingual Services Pay.................................................................................................................16 Article 27 – Deferred Compensation Plan ...................................................................................................16 Article 28 – Tuition Reimbursement............................................................................................................16 Article 29 – Reclassification .........................................................................................................................16 Article 30 – Severance Provision if Services are Contracted Out ................................................................17 Article 31 – Parity Clause .............................................................................................................................17 SECTION 3 – RETIREMENT................................................................................................................................18
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Article 32 – Retirement Benefit...................................................................................................................18 Article 33 – Retirement Medical Trust........................................................................................................19 Article 34 – Retiree Medical Benefit............................................................................................................19 SECTION 4 – TIME-OFF PROVISIONS................................................................................................................25 Article 35 – Holidays ....................................................................................................................................25 Article 36 – Vacation....................................................................................................................................25 Article 37 – Sick Leave..................................................................................................................................26 Article 38 – Special Leave.............................................................................................................................27 Article 39– Bereavement Leave...................................................................................................................27 Article 40 – Jury Leave .................................................................................................................................27 Article 41– Military Leave ............................................................................................................................27 SECTION 5 – INSURANCE..................................................................................................................................28 Article 42 – Cafeteria Plan............................................................................................................................28 Article 43– Medical Insurance .....................................................................................................................28 Article 44 – Dental Insurance.......................................................................................................................28 Article 45 – Vision Insurance........................................................................................................................28 Article 46 – Life Insurance............................................................................................................................28 Article 47 – State Disability Insurance .........................................................................................................29 Article 48 – Long Term Disability .................................................................................................................29 Article 49– Medicare Participation ..............................................................................................................29
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BARSTOW POLICE DEPARTMENT MANAGEMENT ASSOCIATION
UNIT 8
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 Department Management Association (Association), pursuant to the Meyers-Milias-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 Association member 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 Captain
Police Lieutenant
Police Sergeant
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 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
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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 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 – Rules Governing Reductions
During the term of this Agreement, no Association member 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 6 – 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 7 – Hours of Work
The average regular work week for full-time FLSA Non-Exempt Association members shall be forty (40) hours. For all Association members with an average regular work week of forty (40) hours, the monthly rate shall be the hourly rate, 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 Association 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.
5. Association members who perform authorized work in excess of the defined alternate workday 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 approved by the Chief of Police or designee.
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Article 8 – 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.
Article 9 – Grievance Procedures
The following guidelines govern the City’s grievance procedures.
1. Definition.
A grievance is a 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).
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 either to their supervisor or to the immediate supervisor of the Association 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.
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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 the 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 the 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
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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.
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 member, 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.
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 / she 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.
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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 their choice at any point in the grievance procedure.
ii. Failure by the grievant to meet any of the specified timelines shall constitute a withdrawal and waiver of the grievance. Failure by the City to meet any of the specified timelines 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 the case and responsibility for payment for all associated costs by the member.
Article 10 – Disciplinary Appeal Procedures
Appeal of Suspension of Eighty (80) Hours or Less or Written Reprimand The Personnel Policies and Procedures Manual shall be followed in imposing discipline on Association members.
Within fifteen (15) calendar days of the imposition of an unpaid suspension of eighty (80) hours or less, or a written reprimand, the employee may appeal the discipline to the City Manager. The member must submit the appeal in writing to the City Manager. The member’s written appeal shall include all known reasons or grounds, and the supporting facts upon which the member is basing such appeal. Failure of the member to take this action within the fifteen (15) calendar day period will constitute a waiver to appeal of the discipline.
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The City Manager or designee shall respond in writing to the employee’s written appeal within fifteen (15) calendar days following the employee's appeal — or within fifteen (15) calendar days following the Department Head’s response, if one is submitted — by sustaining, reducing or removing the unpaid suspension of eighty (80) hours or less, or written reprimand. The City Manager or designee’s decision shall be final and binding, and their decision shall be submitted to the member and the Department Head.
The Personnel Policies and Procedures Manual shall be followed in imposing discipline on Association members.
Appeal of Disciplinary Demotion, Reduction in Salary, Suspension of More Than eighty (80) Hours, or Termination of Employment
Within fifteen (15) calendar days of the imposition of a disciplinary demotion, reduction in salary, suspension of more than eighty (80) hours, or termination of employment, the employee may appeal the discipline to advisory arbitration. The member must submit the appeal in writing to the City Clerk for processing. Failure of the member to take this action within fifteen (15) calendar days will constitute a waiver and bar to appeal the discipline.
Upon receiving a timely appeal, the City Manager or designee shall obtain a list of five (5) arbitrators from the State Mediation and Conciliation Service. The parties shall take turns striking names from the list, beginning with the party who wins a coin toss, until one remains. Each party shall pay fifty percent (50%) of the cost of arbitration. The remaining named person shall be the arbitrator in the matter, and their decision shall be advisory only and submitted to the City, the employee, and the City Manager. 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. Each party shall pay fifty percent (50%) of the cost of arbitration.
The arbitrator shall be strictly bound by the time limits set forth in the appeal procedure and shall not entertain any appeal in which the employee has not adhered to such time limits.
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 employees, scheduling of time for each member to testify at arbitration shall be in such a manner so that normal operations are not disrupted.
Within thirty (30) days after the conclusion of the hearing, the arbitrator shall render an advisory decision in writing to the parties. The City Manager shall review the entire matter within fifteen (15) days after receipt of the arbitrator’s recommendations and render a decision. 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 City Manager’s decision shall be final and binding.
By mutual agreement of the member and the City, advisory arbitration may be waived. In such case, the City Manager 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. The City Manager may amend, modify, or revoke the discipline. 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 City Manager’s decision shall be final and binding.
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Article 11 – 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 Association members in the bargaining unit during the term thereof and settles all demands and issues on all matter 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 12 – 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 13 – 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 Association member represented by the Association who are present at a meeting convened for the specific purpose of ratifying this Agreement.
Article 14 – Term of Agreement
This Agreement shall take effect on July 1, 2026, and shall remain in full force and effect until June 30, 2027.
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SECTION 2 – SALARIES AND OTHER PAY
Article 15 – General Wages
Effective July 1, 2026, the Association members shall receive a four percent (4%) base salary increase.
The City agrees to meet and confer with the Association in January 2027 to discuss the potential for an additional Cost-of-Living Adjustment (COLA). The parties acknowledge that this provision does not guarantee or obligate the City to provide an additional COLA. Any adjustment shall be subject to the City’s financial condition, mutual agreement between the parties, and approval by City Council.
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 six percent (6.0%) of the member’s base salary. The six percent (6%) salary adjustment shall be effective until retirement or separation from employment by the member, whichever comes first.
(a) This six percent (6.0%) benefit is not new, rather, it is included in this MOU to incorporate a previously implemented benefit that members of this bargaining unit have been receiving since January 15, 2017.
Article 16 – Performance Bonus
Performance Bonuses shall be suspended during the term of this contract.
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 base wage rate. 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 forty-five (45) days of the member’s performance evaluation date, the member’s shall automatically receive the two percent (2%) performance bonus. Each Association 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 17 – Overtime
Police Sergeants are considered non-exempt Association member’s for purposes of the Fair Labor Standards Act of 1938 and its subsequent amendments (FLSA).
Police Lieutenants and Police Captains are considered exempt employees for purposes of the 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 member may be directed by proper authority, and in such cases, is expected to perform overtime work.
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Overtime means all authorized hours worked by non-exempt Association members in excess of their normal work period, regular work week, workday, or shift, unless otherwise established in a manner consistent with law.
All non-exempt Association members who perform authorized overtime work shall be compensated for such work at the rate of one and one-half (1½) times their 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 18 – Compensatory Time
Police Sergeants, but not other members of Association, may elect to take compensatory time in lieu of overtime pay. Compensatory time shall be administered based on the following provisions:
Eligible Association 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, workday, 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 19 – Stand by Compensation
Association members classified as Police Sergeants and Police Lieutenants shall be eligible to receive stand-by compensation.
Definition
Standby duty (also referred to as on-call duty) is a designated period, which consists of seven (7) consecutive days, Monday through Monday, outside an employee’s work schedule during which the employee is required to remain available to respond to work assignments.
Association members classified as Police Sergeants and Police Lieutenants shall be eligible to receive stand-by compensation.
Association members assigned to standby duty shall, for the entirety of the designated standby period:
1. Be fit for duty and able to perform assigned work;
2. Always remain reachable by telephone or other designated communication device;
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3. Respond to a phone call within fifteen (15) minutes;
4. Report to the designated work location within ninety (90) minutes if required;
5. Remain in a condition to safely and effectively perform assigned duties; and,
6. Refrain from the use of alcohol or substances that impair ability to respond.
Association members assigned to a full standby assignment shall receive compensation equivalent to twenty (20) hours of base rate standby pay.
If a member becomes unavailable to fulfill any portion of the assigned standby period due to an unforeseen emergency, illness, or other approved circumstance, the member shall notify their supervisor as soon as practicable. The Police Chief or designee may assign another qualified member to complete the remaining standby assignment. In such cases, standby compensation shall be prorated based on the portion of the standby assignment completed by each member, unless otherwise approved by the Police Chief or designee.
Standby assignments must be recorded in the City timekeeping system and approved by the member’s supervisor.
Article 20 – Longevity
Association members shall be eligible to receive longevity pay in recognition of their collective service with the City of Barstow. A member’s eligibility is based upon their total cumulative years of services with the City of Barstow. All qualifying years of service completed with the city shall be counted toward longevity eligibility, Longevity pay shall be calculated as a percentage of the member’s base salary and shall be paid for each pay period. Longevity pay shall be effective at the beginning of the first full pay period following attainment of the qualifying service milestone with the city.
Association members who have completed ten (10) years shall receive two percent (2%) longevity pay increase to their base salary.
Association members who have completed fifteen (15) years shall receive two percent (2%) increase to their base salary.
Association members who have completed twenty (20) years of service shall receive two percent (2%) increase to their base salary.
Association members who have completed twenty-five (25) years of service shall receive two percent (2%) increase to their base salary.
Association members who have completed thirty (30) years of service shall receive two percent (2%) increase to their base salary.
Longevity pay is cumulative and based on members’ collective years of service with the City.
Article 21– Special Pay
POLICE SERGEANTS AND LIEUTENANT
Police Sergeants and Police Lieutenant positions shall receive a five percent (5%) increase over their base wage rate when assigned to Administrative Sergeant, Detective Sergeant, Special Response Team (SRT) or the Crisis Negotiation Team (CNT).
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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. Special Assignment Pay shall not exceed a total of ten percent (10%).
If any additional Special Assignment Pays are established with BPOA, and a Police Sergeant or Lieutenant is assigned to the same special team, the member would also receive that Special Assignment Pay as the BPOA member.
Article 22 – Shift Differential
POLICE SERGEANTS
Police Sergeants 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.
If a Police Sergeant is assigned to patrol duty work based on a 5/8 work schedule, shift differential compensation shall be paid to the Police Sergeant. Only Police Sergeants assigned to patrol duty work shall receive shift differential pay. Shift differential compensation shall not be available to Detectives, Crime Impact Team Members, or School Resource Officers.
Shift differential compensation shall be paid based on the following schedule:
Swing Shift: 2.5% increase over base wage rate
Graveyard Shift: 5.0% increase over base wage rate
Article 23 – Uniform Allowance
I. All Association members shall receive a uniform allowance in the amount of $1600 per year.
Eight hundred ($800) will be issued in January of each year. The second payment of eight hundred ($800) will be issued during the last pay period of the FY. Should a member terminate employment prior to the end of the fiscal year, they shall reimburse the uniform allowance to the City on a prorated basis.
II. In addition to the above, Association members assigned to SRT and CNT will receive an additional three hundred ($300) twice per year. Three hundred ($300) will be issued in January of each year. The second payment of three hundred ($300) will be issued during the last pay period of the FY. ($600.00 annually) for uniforms unique to this assignment.
Article 24 – POST / Educational Incentive
The City agrees to provide Association members with educational incentive pay. Association members appointed to a position on a lateral basis, who possess a qualifying POST certificate recognized by the Department, shall be eligible to receive the applicable POST/Educational Incentive compensation upon hire. The members must provide satisfactory proof of the certificate, and the POST/Educational Incentive shall become effective at the start of the first full pay period
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following verification of the certificate. The POST/Educational incentive compensation is based on the following schedule:
45 semester units or: 2.5% increase over base wage rate 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
In addition to the above referenced educational incentive pay, the City will also compensate Association members who earn either a POST Regular Supervisory Certificate or POST Specialized Supervisory Certificate with an additional two and a half percent (2.5%) increase over their base wage rate. To qualify for this additional Post Supervisory incentive pay, Association members must meet the following eligibility requirements:
Meet POST eligibility requirements for either the POST Regular Supervisory Certificate or POST Specialized Supervisory Certificate.
Serve as a Police Sergeant. for two (2) years.
Furthermore, in addition to the above referenced educational incentive pay, and POST Supervisory incentive pay, the City will also compensate Police Lieutenants and Police Captains who earn a POST Regular Management Certificate or a POST Specialized Management Certificate with an additional two and a half percent (2.5%) increase over their base wage rate. To qualify for this additional POST Management incentive pay, Police Lieutenants and Police Captains must meet the following eligibility requirements:
Meet POST eligibility requirement for either the POST Regular Management Certificate or the POST Specialized Management Certificate.
Serve as a Police Lieutenant for two years.
Article 25– Court Time
Off-duty Police Sergeants, but not other members of the Association, 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 nonworking 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:
Police Sergeants, but not other members of the Association, 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:
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1. For Association members whose court appearance time is 8:30 a.m. or earlier, the Association member shall receive a minimum of four 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.
Article 26– Bilingual Services Pay
Association members hired prior to July 1, 2011, are eligible to receive a five percent (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 per month 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.
Article 27 – Deferred Compensation Plan
The City will set-up a deferred compensation account for all Association members and contribute one percent (1%) of each member’s base wage rate into that deferred compensation account.
Article 28 – Tuition Reimbursement
Association members will be eligible for tuition reimbursement of up to $1,000 per fiscal year for coursework that is directly related to the employee’s current position with the City, as determined by the City Manager. Reimbursable expenses must be approved by the City Manager and will include items such as registration, tuition, textbooks, and parking.
If the member separates employment three (3) years following receipt of tuition reimbursement, the member will be required to reimburse the City for such funds. The member’s check may be deducted equal to the total prorated funds that the member received for the preceding three (3) year period.
Article 29 – Reclassification
During the term of this Agreement, should any Association member represented by the Association be reclassified to a position having a lower salary range, the 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
38650819.1
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 30 – Severance Provision if Services are Contracted Out During the term of this Agreement, should the position of a Police Lieutenant, Police Sergeant or Police Captain be eliminated as an economic 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 Association members, pursuant to a written severance agreement on a form approved by the City Attorney, may agree to voluntarily resign from their employment with the City and receive one (1) 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 (6) 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, special leave, and compensatory time based upon their base wage rate at the date of termination.
Article 31 – Parity Clause
If any other City-recognized bargaining group receives an across-the-board compensation increase (meaning an increase that is equally applicable to all bargaining unit members) greater than that contracted by the Association during the term of this MOU, all members represented by the Association shall be provided with that same across-the-board compensation increase which was provided to the other represented bargaining group.
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SECTION 3 – RETIREMENT
Article 32 – Retirement Benefit
All Association members hired by the City on or before December 31, 2012. will be enrolled in the City’s retirement program through California Public Employees Retirement System (CalPERS). For those Association members hired on or before December 31, 2012, the City shall provide those Association members 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 member shall assume the following cost of the member portion of the retirement contribution to CalPERS on the following schedule:
- Eight percent (8%) of the member portion of the retirement contribution to CalPERS beginning with the first full pay period in July 2017 City shall assume the remaining cost of the member portion of the retirement contribution to CalPERS, as follows:
- One percent (1%) of the member portion of the retirement contribution to CalPERS beginning with the first full pay period in July 2017 For all Association members hired by the City on or after July 1, 2011, 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 contribution rate. However, in no event shall the contribution cost exceed nine percent (9%).
For all Association members hired by the City after December 31, 2012, the following retirement benefit will be provided:
CalPERS 2.7% @57 retirement plan.
Three-year average compensation.
Credit for unused sick leave.
Fourth Level of 1959 survivor benefit.
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Military service credit as public service.
Furthermore, for all Association members hired by the City after December 31, 2012, 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%).
Article 33 – Retirement Medical Trust
The City agrees to establish a Voluntary Retiree Medical Trust (VRMT) for eligible members covered by this bargaining unit. The purpose of the trust is to provide members with a tax-advantage to accumulate funds for qualified retiree medical expenses in accordance with applicable federal and state laws.
Participation in the trust shall be voluntary. Members may elect to participate and make contributions through mechanisms authorized by trust and applicable law. The City and Association agree to meet and confer within 90 days of contract ratification regarding the implementation, administration, and enrollment procedures necessary to establish the trust with the intent of implementing the VRMT by January 1, 2027.
Article 34 – 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.
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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.
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.
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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.
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
Health Net Salud y Más $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.
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
38650819.1
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 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 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.
38650819.1
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 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 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 years (10) 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 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
$0.00
38650819.1
Rate as published by
CalPERS.
* 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 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:
38650819.1
SECTION 4 – TIME-OFF PROVISIONS
Article 35 – 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 member’s Holiday Leave Bank will be credited with seventeen (17) of holiday leave time. The seventeen (17) days will be provided in recognition of the seventeen (17) paid holidays that the City recognizes annually, with each of those holidays being observed at the members assigned work schedule. Any time not taken by the member at the end of each fiscal year, with the exception of the Winter Holiday Hours, will be paid out in cash during the last complete payroll period of June. The seventeen (17) holidays recognized by the City are as follows:
Holiday Day
New Year’s Day January 1st
Martin Luther King Day 3rd Monday in January
Washington’s Birthday 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth June 19th
Independence Day July 4th
Labor Day 1st Monday in September
Veteran’s Day As noted in the Government Code
Thanksgiving Day 4th 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
Winter Holiday (2)_ As approved/scheduled
Employee’s Birthday As approved / scheduled
Each member will receive two (2) Winter Holiday days each fiscal year. In the event the Winter Holiday hours cannot be taken as time off, the 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. Winter holiday will have no cash value.
Association members shall also have the option of cashing out fifty percent (50%) of the unused time in their Holiday Leave Bank, (with the exception of the Winter Holiday Hours) during the first payroll period with a pay date in January. Any unused / undistributed holiday hours remaining as of June 30th of each year shall be distributed to the member in cash on the first pay period of the fiscal year.
Article 36 – Vacation
During the term of this Agreement, Association members shall accrue vacation leave according to the following schedule:
38650819.1
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 member's vacation account shall be two (2) years’ worth of accrual.
Once an Association member has accrued two (2) years’ worth of vacation hours in their account, that 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 member in cash during the last complete payroll period of the fiscal year.
For members of the Association, each individual 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 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 37 – Sick Leave
Association members shall accrue sick leave at the rate of four (4.0) hours per pay period. There shall be no accrual limit for sick leave.
Upon bona fide retirement from the City through CalPERS, members may receive payment of accrued sick leave, up to a maximum of 600 hours. Payment shall be made at member's rate of pay at the time of retirement. In addition, the City will offer 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.
In addition, for those members who became a member of the Association prior to July 1, 2003, ten percent (10%) of accrued sick leave shall be vested for each full year of service. Upon completion of ten (10) full years of service, eligible members shall own 100% of their sick leave. Upon the termination and / or retirement of any such Association member, the City shall pay the member an amount equivalent to the vested accrued sick leave at their final rate of pay.
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 a member who is separating employment with the City.
38650819.1
Article 38 – Special Leave
Effective July 1 of each year, all Association members except the Police Captain and Police Lieutenant, shall be granted one hundred and twenty (120) hours of special leave, which may be used at any time during the fiscal year.
Ninety (90) hours of the special leave have a cash value. On the last complete payroll period of each fiscal year, members shall be paid in cash for special leave days above thirty (30) hours granted but not taken during the fiscal year. In no instance shall any management leave days not taken in one fiscal year be carried over to the next fiscal year. During the term of this Agreement, if any Association member terminates employment, said member shall be entitled to receive a pro-rated payment.
Police Captain / Police Lieutenant
Effective July 1, 2026, Police Captain and the Police Lieutenant positions shall be granted one hundred and thirty hours of special leave (130). One hundred hours (100) of special leave will have cash value. On the last complete payroll period of each fiscal year, members shall be paid in cash for special leave days above thirty (30) hours granted but not taken during the fiscal year. In no instance shall any special leave hours not taken in one fiscal year be carried over to the next fiscal year. During the term of this Agreement, if any Association member terminates employment, said member shall be entitled to receive a pro-rated payment of special leave hours, Article 39– Bereavement Leave
In the event of the death of a member of an Association member’s immediate family (defined as a spouse, parent, stepparent, sibling, children, stepchildren, grandparent, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandchild, domestic partner, child of a domestic partner or anyone who can be certified as having raised the member as a child), Association members will be entitled to five (5) paid days for bereavement leave, per bereavement occurrence.
Association members may also take time off for bereavement situations for non-immediate family members by utilizing accrued sick leave or vacation leave for such circumstance with the approval of the member’s immediate supervisor.
Article 40 – Jury Leave
An Association member who is required to serve on a jury shall be entitled to regular compensation provided the member deposits fees for jury service with the Finance Department.
A 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 member notifies the immediate supervisor of the absence and the reason for that absence. In such cases, the member shall be deemed to have completed the member's regularly scheduled shift assignment. 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 member's jury service.
Article 41– Military Leave
Military Leave will be granted in accordance with the requirements of applicable state and federal law.
38650819.1
SECTION 5 – INSURANCE
Article 42 – Cafeteria Plan
Those Association members who elect to receive medical coverage through the City will receive $1,000 per month 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 member’s deferred compensation account, or be used towards any additional City sponsored insurance programs.
Effective January 1, 2027, those Association members who elect to receive medical coverage through the City will receive a 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 members’ deferred compensation account, or be used towards any additional City sponsored insurance programs.
Those Association members hired prior to July 21, 2025, 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 member’s deferred compensation account, or be used towards any additional City sponsored insurance programs.
Association members hired July 1, 2025, or later, who can provide proof of medical insurance coverage through an alternative source shall be eligible to receive $2000 annually (approx. $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 43– Medical Insurance
The City shall offer participation in a medical insurance plan. Furthermore, all Association members 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 Employee’s 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.
Article 44 – Dental Insurance
The City shall offer participation in a dental insurance plan.
Article 45 – Vision Insurance
The City shall offer participation in a vision insurance plan.
Article 46 – Life Insurance
The City shall provide each Association member with a life insurance policy of $100,000.
Employee only $1,200 per month
Employee plus one dependent $1600 per month
Employee plus family $2000 per month
38650819.1
Article 47 – 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.
Article 48 – Long Term Disability
The City shall provide a long term disability program for Association members which include the following minimum benefit levels:
60% of base pay
Maximum benefit up to $6,000 per month
Article 49– 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.
BARSTOW POLICE DEPARTMENT
MANAGEMENT ASSOCIATION
BY:
________________________________
PRESIDENT
DATE:
_______________________________
BY:
________________________________
ASSOCIATION REPRESENTATIVE
APPROVED BY CITY COUNCIL
DATE:
________________________________
CITY OF BARSTOW
BY:
________________________________
ROCHELLE CLAYTON
CITY MANAGER
DATE:
________________________________