Mayor
Chris Canning
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Gary Kraus
Donald Williams
AGENDA
City Council - Regular Meeting
Tuesday, December 20, 2022 - 6:00 PM
Calistoga Community Center
1307 Washington Street, Calistoga, CA 94515
Hybrid
* COVID-19 NOTICE *
This Meeting Will Be Conducted Pursuant To The Provisions Of Government Code Section 54953 (As Amended By AB 361) Which Authorizes Teleconferenced Meetings Under The Brown Act During Certain Proclaimed States Of Emergency. The Governor Of California Proclaimed A State Of Emergency Related to COVID-19 On March 4, 2020. This Teleconferenced Meeting Is Necessary So That The City Can Conduct Essential Business And Is Permitted Under Government Code 54953 In Order To Protect Public Health And Safety Of Attendees.
City Councilmembers and staff essential to this meeting will be present at the meeting or may teleconference into the meeting.
Below is information on how the public may observe and participate in the meeting. The City recognizes that not all residents have the same ways to stay engaged, so several alternatives are offered as shown below:
1. Watch on your TV – Napa Valley TV Channel 28 (call your cable provider to ensure you have a City of Calistoga coded cable box)
2. Listen or participate via your phone – dial 1-669-900-6833, enter webinar ID: 829-0729-5419, password: 123201
3. Watch or participate online via Zoom - click this link and enter password: 123201
4. Watch online via YouTube Live at youtube.com/cityofcalistoga COMMENT ON THIS MATTER DURING THE MEETING: Please participate in the meeting by providing public comment on any item on the agenda or any item of municipal concern. In Person: Fill out a Speaker Card and provide to the City Clerk before the meeting begins. Virtual (Zoom): click the "Raise Your Hand" button to request to speak when Public Comment is being taken on the Agenda item. You will be unmuted when it is your turn to make your comment for up to 3 minutes. After allotted time, you will be re-muted. Instructions for how to "Raise Your Hand" are available at: https://support.zoom.us/hc/en-us/articles/205566129-Raise-HandIn-Webinar.
WRITTEN COMMENTS: Alternatively, you may provide public comment on any item on the agenda or of municipal concern via email. Please submit your comment, limited to 350 words or less, via email to [email protected]. Written public comments submitted by email should clearly indicate the Agenda Item No. or Specify “Oral Communications” in the Subject Line for items not on the agenda and are requested to include the submitter’s full name. To ensure the City Council receives your written comments prior to taking action, they must be received by 2:00 p.m. on the day of the meeting. All written comments received by this deadline will be provided to the City Council and posted online in advance of the meeting. Comments received after the 2:00 p.m. deadline will be provided to the City Council and included with Supplemental materials after the meeting. No written comments will be read verbally at the meeting. The City of Calistoga thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. Note: The methods of observing or listening to the meeting or providing public comments may be altered or the meeting may be canceled, if needed, due to certain technical disruptions.
Page
1. CALL TO ORDER – ROLL CALL - SALUTE TO THE FLAG
2. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS This time is set aside to receive comments from the public regarding matters on the Consent Calendar or matters of municipal concern not on the agenda.
Pursuant to Government Code section 54954.3 (the Brown Act), however, the Council cannot consider any issues or take action on any requests during this comment period. Speakers are encouraged to limit their comments to 3 minutes maximum so that all speakers have an opportunity to address the City Council.
3. ADOPTION OF MEETING AGENDA
4. CITY MANAGER’S REPORT
5. PROCLAMATIONS/PRESENTATIONS/ AWARDS
5.1. Proclamation in Honor of Teresa Coppock.
6. CONSENT CALENDAR
6.1. Consider adopting a Resolution that approving the successor collective bargaining agreements which have been ratified by the Calistoga Public Employees’ Association (CPEA), the Calistoga Police Officers Association (CPOA) and/or the Calistoga Professional Firefighters’ Association (CPFA) for the term of January 1, 2023 through December 31, 2025.
Recommended Action: Adopt a Resolution approving the successor collective bargaining agreement between the City and each of the three employee associations, following receipt of ratified and signed collective bargaining agreements from the CPEA, the CPOA, and/or the CPFA.
Staff Report - Approving the Successor Collective Bargaining Agreements between the City and the Calistoga Public Employees’ Association (CPEA), the C - Pdf
Resolution Adopting Represented Employees MOUs
Addendum to City Council MOUs Approval
CPEA MOU
CPFA MOU
CPOA MOU
4 - 92
6.2. Consider adopting a Resolution Accepting the Final Results of the November 8, 2022, General Municipal Election determining the electors to the Mayor's seat and two Council Member seats as reported by the Napa County Registrar of Voters.
Recommended Action: Adopt the Resolution accepting the certification of the results.
Staff Report - Resolution Accepting Certification of the Results by the Napa County Registrar of Voters regarding the Canvass of the Returns and Resul - Pdf
93 - 99
7. GENERAL GOVERNMENT
7.1. Recognition of Outgoing Councilmember Gary Kraus.
7.2. Recognition of Outgoing Mayor Chris Canning.
7.3. Oath of Office administered to Mayor-Elect Donald Williams, Councilmember-Elect Scott Cooper and Councilmember-Elect Kevin Eisenberg by the City Clerk.
7.4. Consider adopting a Resolution Selecting a Councilmember to serve as the Vice Mayor.
Recommended Action: After a majority vote, adopt a Resolution confirming the selection of a Vice Mayor.
Staff Report - Select a Councilmember to serve as Vice Mayor - Pdf 100 - 102
7.5. Consider adopting a Resolution accepting the 2023 City Council Meeting Schedule.
Recommended Action: Adopt Resolution
Staff Report - Resolution Accepting the 2023 City Council Meeting Schedule - Pdf
103 - 105
8. COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
9. ADJOURNMENT
NOTICE: If you challenge a city’s zoning, planning, or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Judicial review of any City administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period for Litigation, in certain cases 30 days following the date of final decision.
Pursuant to GC §54957.5 any writings/documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection on the City website at www.ci.calistoga.ca.us.
SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA:
Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, will be available for public review in the City Clerk’s Office located at 1232 Washington Street, Calistoga, California, during normal business hours and by appointment. In addition, such writings or documents will be made available on the City’s website.
AMERICANS WITH DISABILITIES ACT: The City can provide special assistance for persons with disabilities to participate in public meetings. To make a request for disability-related modification or accommodation please contact the City Clerk at [email protected] or (707) 942-2807. If you need assistance or accommodation, please provide notice at least 48 hours prior to the meeting. For TTY/ Speech-to-Speech users, dial 7-1-1 for the California Relay Service, offering free text-to-speech, speechto-speech, and Spanish language services 24 hours a day, 7 days a week.
Se les pide por favor que avise con 48 horas de anticipación cuando haga un pedido para asistencia. Esto les da suficiente tiempo antes de la junta para permitir que la ciudad tome medidas razonables.
POSTING: I declare a copy of this agenda was posted at City Hall, 1232 Washington Street, Calistoga, among other locations in the city limits of Calistoga, on December 14, 2022, by 4:30 p.m. *This agenda was reposted with revised attachments on Item 6.1 on December 19, 2022, by 4:00 p.m.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Marc Fox, Acting Administrative Services Director Meeting: City Council - Dec 20 2022
Subject: Approving the Successor Collective Bargaining Agreements between the City and the Calistoga Public Employees’ Association (CPEA), the Calistoga Police Officers Association (CPOA) and/or the Calistoga Professional Firefighters’ Association (CPFA).
DESCRIPTION:
Consider adopting a Resolution that approving the successor collective bargaining agreements which have been ratified by the Calistoga Public Employees’ Association (CPEA), the Calistoga Police Officers Association (CPOA) and/or the Calistoga Professional Firefighters’ Association (CPFA) for the term of January 1, 2023 through December 31, 2025.
RECOMMENDATION:
Adopt a Resolution approving the successor collective bargaining agreement between the City and each of the three employee associations, following receipt of ratified and signed collective bargaining agreements from the CPEA, the CPOA, and/or the CPFA.
BACKGROUND/SUMMARY:
Employees represented by an employee association have a collective bargaining agreement through either the Calistoga Professional Employees’ Association (CPEA), the Calistoga Police Officers Association (CPOA), or the Calistoga Professional Firefighters’ Association (CPFA). The current collective bargaining agreements between the City and each of these three employee associations expire on December 31, 2022.
Representatives from the City and from the CPEA, the CPOA, and the CPFA have met and conferred in good faith regarding the terms for successor collective bargaining agreements between the City and each of these employee associations. The City and each employee association reached a total tentative agreement for the successor collective bargaining agreement, for a term of January 1, 2023 through December 31, 2025.
Each of the CPEA, the CPOA, and the CPFA are holding meetings with their respective membership during the week of December 12, 2022, for ratification of the total tentative agreement. It is expected that following the ratification of the successor collective bargaining agreement that the employee association will submit on Friday, December 16, 2022, a signed collective bargaining agreement. The final step following receipt of the association’s signed collective bargaining agreement is approval by the City Council.
City staff will have available at the City Council meeting a summary of each successor collective bargaining agreement that has been ratified, signed and returned to the City Manager’s Office.
Item #6.1.
Approval by the City Council at the December 20, 2022 meeting ensures that those agreements ratified by an employee association go into effect on January 1, 2023.
CEQA STATUS:
None.
FINANCIAL IMPACT:
The fiscal impact of these changes will be included with the summary of each collective bargaining agreement that has been ratified, signed and returned to the City.
APPROVAL(S):
Nitish Sharma Approved - Dec 14 2022
Laura Snideman, City Manager Approved - Dec 14 2022
Marni Rittburg, City Clerk Approved - Dec 14 2022
Item #6.1.
RESOLUTION NO. 2022-____
RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA ADOPTING SUCCESSOR COLLECTIVE
BARGAINING AGREEMENTS WITH THE CALISTOGA PROFESSIONAL
EMPLOYEES’ ASSOCIATION (CPEA), WITH THE CALISTOGA POLICE OFFICERS
ASSOCIATION (CPOA), AND WITH THE CALISTOGA PROFESSIONAL FIREFIGHTERS’ ASSOCIATION (CPFA)
WHEREAS, the collective bargaining agreement between the City of Calistoga (City) and the Calistoga Professional Employees’ Association (CPEA) expires on December 31, 2022, the collective bargaining agreement between the City and the Calistoga Police Officers Association (CPOA) expires on December 31, 2022, and between the City and the Calistoga Professional Firefighters’ Association (CPFA) expires on December 31, 2022; and
WHEREAS, the City and the CPEA are required under the Meyers-Milias-Brown Act to meet and confer in good faith regarding wages, hours and other terms and conditions of employment and, having met and conferred in good faith reached a total tentative agreement on a successor collective bargaining agreement of which has been ratified by the membership of the CPEA; and
WHEREAS, the City and the CPOA are required under the Meyers-Milias-Brown Act to meet and confer in good faith regarding wages, hours and other terms and conditions of employment and, having met and conferred in good faith reached a total tentative agreement on a successor collective bargaining agreement of which has been ratified by the membership of the CPOA; and
WHEREAS, the City and the CPFA are required under the Meyers-Milias-Brown Act to meet and confer in good faith regarding wages, hours and other terms and conditions of employment and, having met and conferred in good faith reached a total tentative agreement on a successor collective bargaining agreement of which has been ratified by the membership of the CPFA; and
WHEREAS, the City Council is required to ratify a successor collective bargaining agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Calistoga hereby approves the successor collective bargaining agreement with the CPEA, approves the successor collective bargaining agreement with the CPOA, approves the successor collective bargaining agreement with the CPFA, and authorizes the City Manager with City Attorney concurrence to make any technical corrections.
Item #6.1.
PASSED, APPROVED AND ADOPTED this 20th day of December 2022. I,
MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
______________________________ ______________________________ Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #6.1.
Addendum to City Council Item 6.1
Consider adopting Resolution approving successor collective bargaining agreements December 20, 2022
Summary of Collective Bargaining Agreements’ Recommended Changes Term
The City’s collective bargaining agreements with the Calistoga Public Employees’ Association (CPEA), the Calistoga Police Officers Association (CPOA), and the Calistoga Professional Firefighters’ Association (CPFA) each expires on December 31, 2022. The successor collective bargaining agreement with each of CPEA, CPOA and CPFA has a term of January 1, 2023 through December 31, 2025 (3 years).
Wages
Effective January 1, 2023, wages for each represented classification increase by 6%, matching the area’s Consumer Price Index (CPI), except Police Officer and Police Sergeant increase by 5.5% (and not 6%).
Additionally, based on a review of the City’s comparative cities, an adjustment is made to the City’s Plant Operator series, Permit Technician, Recreation Coordinator, and Senior Maintenance Technician.
Effective January 1, 2024, the wages will increase based on the area’s CPI with a minimum increase of 2% and a maximum increase of 5%.
Effective January 1, 2025, the wages will increase based on the area’s CPI with a minimum increase of 2% and a maximum increase of 5%.
There is a lump sum payment to each employee, which is in recognition of each bargaining unit’s ratification of the successor collective bargaining unit and return of the signed agreement by specific dates of noon of December 16 ($1,000), December 30 ($600), or January 17 ($300).
Pay Periods and Pay Dates
Beginning October 1, 2023, the City will move from semi-monthly pay periods and pay dates to biweekly pay periods and pay dates. There is a $1,500 short-term loan to employees to assist in the transition from semi-monthly to bi-weekly pay.
Assignment or Educational Incentive Pay
Upon assignment by the Police Chief, with concurrence of the City Manager, an employee assigned as a School Resource Officer, Defensive Tactics Instructor, or Firearms Instructors receives $206 per month. (This Assignment Pay corresponds with the reduction from 6% to 5.5% in safety police employees’ January 2023 wage increase.)
An employee within the Fire Department who possesses either an associate’s or bachelor’s degree in fire science, fire technology or a fire-related program will receive 2.5% additional pay. The City and CPFA will have a single topic reopener for the purpose of meeting and conferring on educational incentive pay.
Health Insurance
The City’s Share the Savings program provides a financial incentive to an employee who waives participation in the City’s health insurance because the employee documents coverage elsewhere (e.g., Item #6.1.
coverage through a spouse). As example, the City’s cost for Kaiser health insurance, employee only, is $822.37 per month. The Share the Savings incentive will increase from $300 to $400 per month beginning January 2023.
Medical Examinations
For employees represented by CPEA and CPFA, the City will provide an annual reimbursement for an employee’s out-of-pocket costs for an annual physical exam and/or cancer screening to an aggregate of $250.
Grievance Review Process
A grievance is an allegation that the City has incorrectly followed established policies and/or procedures.
The grievance review process is amended to provide for advisory arbitration following the individual staff review steps. Following the advisory arbitration, the City Manager may accept or reject the arbitrator’s recommended decision.
Miscellaneous
• Updating employee associations’ dues provisions
• Increased the annual Police Department uniform allowance by $100 • Identifying specific family members for use of the City’s sick leave and bereavement leave programs
• Ensuring any annual payout of sick leave or vacation conforms with the Internal Revenue Service’s constructive receipt principles
• Establishing a joint labor-management committee within the Police Department and within the Fire Department
Fiscal Impact
The fiscal impact of these changes is projected to increase General Fund costs in FY 2022/23 by $264,943 and in future years based on the CPI range of 2% to 5% by $458,464 - $533,435 in FY 2023/24, by $5569,489 - $783,270 in FY 2024/25, and by $609,384 - $908,008 in FY 2025/26. Costs for the current fiscal year will be reviewed as part of any mid-year budget adjustments and staff currently anticipates there are sufficient financial resources to cover the fiscal impact. Costs in future fiscal years will be incorporated in the proposed budgets.
Enclosures
• Resolution approving successor collective bargaining agreements • Memorandum of Understanding between the City of Calistoga and the Calistoga Public Employees’ Association
• Memorandum of Understanding between the City of Calistoga and the Calistoga Police Officers Association
• Memorandum of Understanding between the City of Calistoga and the Calistoga Professional Firefighters’ Association
Item #6.1.
City of Calistoga
MEMORANDUM OF UNDERSTANDING
Between
CITY OF CALISTOGA
And
CALISTOGA PUBLIC EMPLOYEES' ASSOCIATION
JANUARY 1, 2023 THROUGH DECEMBER 31, 2025
Item #6.1.
Article
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 CPEA 2023
2023- MOU
City of Calistoga/CPEA
TABLE OF CONTENTS
Page
Recognition .. ........................ ..................................................................................................... ...... 1 City Rights ... .......................... ............. .. ..................... ............................ ........................................... 2 Employee/ Association Rights ..................................................... ......... .............................. .. ............ 3 Access of Facilities .......................................... ........................................... ...................................... 3 No Discrimination ..................................................................................................................... ....... 3 Dues ............................................................................................ ......................... ................... .. ....... 3 Severability ...................................... ...... .................... ...................................................................... 6 Term ................................................................................................................................................ 6 Successor MOU ..................................................................................... ..................... .... ............... .. 6 MOU, Modifications and Waivers ............. ................................................ .. .................................... 6 Authorized Agents .................... ... ....... ........................... .. ........................................................... ..... 6 Concerted Activities ... ...................... .......... ................ ....... .. ................ .................. .. ............ ............ 7 Salary Adjustments .............. ................... ..................... ............................. ....................................... 7 Service Longevity Pay ........ ............... .. ...................................................... ................ ....................... 8 Incentive Pays .............................. ..... .................................................... ........ ................................... 8 Work Schedules ............... ................................................................................. ........ ....................... 9 Stand-By ..................................................................................................................................... ..... 9 Holidays ........................................................................ ..... ............ ........ ................... ..................... 10 Vacation Leave .................................................... ............... ........................... ................... .. ........... 11 Sick Leave ............................... ........... ......... ...... ............................ ........ ........... .............................. 11 Bereavement Leave ........................................ ....... ............................... ......................................... 13 Family and Medical Leave ............................................................................................................. 13 Unauthorized Leave ................................................................................... ............. .......... ............ 13 Overtime ........................................................................................... ...................... ...................... 14 Compensatory Time Off ....... ........... ............ .............. ..... ............................................................... 14 Military Leave .......................................................... .............................. ....................... ................. 14 Medical Examination ...................... ............................................................................................. .. 14 Retirement ............................................................................................... .. .............. ..................... 15 Medical Benefits ........ ........................................................ ................................... ......................... 15 Dental, Vision and Other Benefits ................................................................................................. 16 Life Insurance .................................... ............................................................................................ 17 Uniforms and Equipment .............................................................................................................. 17 Tuition Reimbursement ........................... ................ .............................. ..................... ............... .. .. 18 Grievance Procedures .................. ... ......... ........ ......................................................... .................... 19 Probationary Period ........... .. .................................... ..................................................................... 21 Layoff and Abolition of Position .. .................................................................................................. 22 Personnel Rules and Regulations ........... ........ ............... ...................................................... .......... 23 Labor/Management Committee ............................ ................................... .... ................................ 23 Signatures ..................... .............................................................. ................................................ .. . 23 Appendix A .................................................................................................................. ............... ... 24 Side Letter of Agreement re: Biweekly Pay ................................................. .................................. 26 Side Letter of Agreement re: Lump Sum Payment for Early Settlement ....................................... 27
Item #6.1.
MEMORANDUM OF UNDERSTANDING
Between
CITY OF CALISTOGA
AND
CALISTOGA PUBLIC EMPLOYEES ASSOCIATION
This Memorandum of Understanding is made and entered into between the CITY OF CALISTOGA, hereinafter referred to as "CITY" and CALISTOGA PUBLIC EMPLOYEES' ASSOCIATION, hereinafter referred to as "ASSOCIATION", an unaffiliated, independent and formally recognized employee ASSOCIATION, pursuant to the provisions of the Meyer-Milias-Brown Act (Government Code Section 3500 et seq.).
The parties agree that this Memorandum of Understanding (MOU) shall be submitted to the City Council of the City of Calistoga with the joint recommendation of the designated representatives of the parties that body resolve to accept its terms and conditions and take such other and additional action as may be necessary to implement the provisions.
CITY agrees to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with ASSOCIATION, and shall consider fully such presentations as are made by ASSOCIATION on behalf of its members prior to arriving at a determination of policy or course of action.
The parties have met and conferred in good faith through their designated representatives concerning those matters set forth in Government Code Section 3504 and have reached an agreement thereon as set forth below.
The parties agree as follows:
Article 1 - Recognition
The CITY recognizes the ASSOCIATION as the exclusive representative on behalf of employees occupying the following full time job classifications:
CPEA 2023
Accounting Assistant
Administrative Assistant
Administrative Services Technician
Assistant Engineer
Assistant Planner
Associate Planner
Building Inspector
Chief Plant Operator (Water and Waste Water)
Maintenance Technician I
Maintenance Technician II
Permit Technician
Plant Operator I
Plant Operator II
Recreation Coordinator
Senior Accounting Assistant
Senior Maintenance Technician
Senior Plant Operator
Water Conservation Technician
Item #6.1.
Such representation being subject to and qualified by employee rights under applicable State and Federal law.
Article 2 - City Rights
Except as limited by the specific and express terms of this MOU, CITY hereby retains and reserves unto itself all rights, powers, authority, duty and responsibilities confirmed on and vested in it by the laws and Constitution of the State of California, the Municipal Code of the City of Calistoga, and/or the laws and Constitution of the United States of America . Regardless of any provision contained in the MOU or which may be implied from this MOU, CITY shall retain and shall have the right to exercise the following exclusive rights, which include but are not limited to the following:
CPEA 2023
A. Hire and Fire;
B. Determine the mission of its constituent departments, divisions, or commissions, and boards;
C. Set standards of service and municipal fees and charges; D. Determine the procedures and standards of selection for employment, assignment, transfer and promotion of applicants and employees, provided in the case of employees that the exercise of such right shall not infringe on any rights employees have under this MOU; E. Direct its employees;
F. Discharge or suspend employees for just cause and take other disciplinary actions against its employees as set forth herein;
G. Relieve its employees from duty because of lack of work or other legitimate reasons; H. Maintain the efficiency of governmental operations;
I. Determine the methods, means and personnel by which governmental operations are to be conducted;
J. Determine and re-determine job content and job classifications; K. Contract out any work which is now being performed by employees of the CITY or which shall be performed in the future by employees of CITY, provided this only occurs in those situations where the tasks cannot be accomplished by current ASSOCIATION members as efficiently, economically, and expediently as can be achieved by such contracting out, provided that CITY shall make every reasonable effort to place service requiring similar skills as the work performed by the employee when displaced by the contracting out and which requires minimal training to afford the employee opportunity to adequately perform the new position;
L. Take all necessary actions to carry out the mission of the CITY, its constituent departments, divisions, or commissions and boards in cases of emergencies; M. Exercise complete control and discretion over its organization and the technology of performing its work.
Item #6.1.
Article 3 - Employee/Association Rights
Employees of the CITY shall have the right to form, join and participate in the activities of the recognized employee organization for the purpose of representation on matters of employer-employee relations including, but not limited to wages, hours, and other terms and conditions of employment. Employees of CITY shall also have the right to refuse to join or participate in the activities of the recognized employee.
Employees designated as confidential may not be officers of the Association. Further, ASSOCIATION members shall not ask a designated confidential employee for information deemed confidential by the CITY.
The CITY will grant to designated employees release time to participate in the Labor/Management Committee meetings, Association activities in accordance with law or Association activities with the approval of the City Manager.
Article 4 - Access of Facilities
All ASSOCIATION business will be conducted by employees and ASSOCIATION representatives outside of established working hours, and CITY facilities will not be used for t he conduct of ASSOCIATION business, unless permission is granted before in writing by the City Manager. Nothing herein shall be construed to prevent an ASSOCIATION representative or an employee from contacting the City Manager or other management representatives regarding personnel related matters during working hours.
The authorized ASSOCIATION Business Agent shall be given access to work locations during working hours, provided that prior to visiting any work location the ASSOCIATION representative notifies CITY.
Article 5 - No Discrimination
There shall be no discrimination based on race, creed, color, national origin, sex, ancestry, marital status, pregnancy, sexual orientation, or legitimate Association activities against any employee or applicant for employment by the ASSOCIATION or by the CITY or by anyone employed by the CITY; to the extent prohibited by applicable state and federal law, there shall be no discrimination because of age. There shall be no discrimination against any disabled person solely because of such disability; however the disabled person must be able to perform the essential functions established for the classification.
Article 6 - Dues
Employees may sign up for Payroll Deduction of Association Dues with the ASSOCIATION. The ASSOCIATION will certify changes or new authorizations for dues deductions from members of the ASSOCIATION in an electronic data file to be transmitted to the CITY's Administrative Services Department - payroll unit. If an employee opt for such deduction, it is understood that the dues will be deducted starting from the first day of the pay period following receipt of the certification and shall continue until:
1. The last day of the last pay period following the transfer, promotion or demotion of the employee to a different bargaining unit; or
CPEA 2023 Page 4
Item #6.1.
2. Until the end of the pay period following notification from the ASSOCIATION to the CITY to cease deducting dues, or a later date as specified by the ASSOCIATION (to coincide with the end of a pay period).
3. The employee's earnings must be sufficient after the other legal and required deductions are made to cover the amount of the dues or fees authorized. When an employee is in a non-pay status for the entire pay period, no withholding wil l be made to cover the pay period from future earnings. In the case of an employee who is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other legal and required deductions (including health care deductions) have priority over dues
4. The ASSOCIATION, in consideration for and as a condition of the CITY withholding and transmitting payroll and benefit deductions authorized by this Section and in compliance with SB866 shall hold harmless and indemnify the City of Calistoga, its officers and employees from any liability that may arise from making, canceling or changing requested deductions.
5. Employee Orientation: City shall provide a written statement to each new bargaining unit employee that the classification is part of a bargaining unit represented by an Association, and the name of a representative of the Association. City will provide the ASSOCIATION President not less than ten (10) days notice of the onboarding orientation meeting held between CITY's human resources representative(s) and new bargaining unit employees, including the date, time and location of the orientation meeting. If a bargaining unit employee's first day of work begins less than ten (10) days after the date the employee is hired, the 10-day notice requirement may be reduced, and City will instead provide as much advance notice as reasonably possible of the orientation meeting.
CPEA 2023
The City will allow a Business Representative of the ASSOCIATION and/or outside labor representative to spend up to fifteen (15) minutes with the new unit member at the end of the onboarding orientation meeting in order to provide information and materials about the MOU and related matters. A bargaining unit member attending the onboarding orientation meeting as the ASSOCIATION representative shall be given paid release time sufficient to cover the ASSOCIATION's presentation and related travel time. The ASSOCIATION will provide the human resources representative with the name(s) of any bargaining unit members who they request to be released for this purpose as soon as reasonably possible, and at least 48 hours before the meeting.
To the extent required by Government Code Section 3558, CITY shall provide the ASSOCIATION President with a list of names and contact information (listed below) for any newly hired unit member within thirty (30) days of the date of hire or by the first pay period of the month following hire. CITY shall also provide the ASSOCIATION a list of all unit member names and contact information on the last working day of September, January, and May. The information shall include the following information except for any information subject to exclusion pursuant to Government Code Section 6254.3(c):
• Employee name,
• Job title,
• Department,
• Work location,
• Home address, and
Item #6.1.
• Work, home and personal telephone numbers and personal emai l addresses on file with the City.
Article 7 - Severability
If any provisions of the application or any provisions of this MOU as implemented should be rendered or declared invalid by any final court action or decree, or by reason of any preemptive legislation, the remaining sections of this MOU shall remain in full force and effect for the duration of said MOU.
This MOU is subject to all current and future applicable Federal, State and local laws.
All CITY ordinances, rules and regulations and policies shall be subject to the appropriate revisions, amendments, and deletions necessary to conform to the purpose, intent and application of the Articles of this MOU.
Article 8-Term
This Memorandum of Understanding shall be in effect the later of January 1, 2023 or on the date it is adopted by the City Council, except those provisions of this Memorandum of Understanding which have been assigned other effective dates, and shall remain in full force and effect up to and including December 31, 2025.
Article 9 - Successor MOU
The parties agree to begin successor MOU negotiations one hundred fifty (150) to one hundred eighty (180) days prior to the expiration of the current MOU.
Article 10- MOU, Modifications and Waivers
This MOU sets forth the full and entire MOU of the parties regarding the matters set forth herein, and any other prior or existing understanding or MOU, or side letter agreement over these matters between the parties, whether formal or informal, are hereby superseded or terminated in their entirety.
Except as specifically provided herein, it is agreed and understood that the parties hereto shall not be required, but do reserve the right upon mut ual agreement, to negotiate with respect to any subject or matter covered herein or with respect to any other matters within the scope of representation, during the term of this MOU.
No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed by all parties hereto.
The waiver of any breach, term or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.
Article 11 - Authorized Agents
For the purposes of administering the terms and provisions of this MOU:
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A. CITY'S principal authorized representative shall be the City Manager or his/her duly authorized representative.
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B. The Association's principal authorized agent shall be the President of the Calistoga Public Employees' Association.
Article 12- Concerted Activities
It is agreed that there will be no strike, work stoppage, slowdown, picketing or refusal or failure to fully and faithfully perform job functions and responsibilities, or other interference with the operations of the CITY by the ASSOCIATION or by its officers, agents, or members during the term of this MOU, including the recognition of picket lines or additional compliance with the request of other labor organizations to engage in such activity.
ASSOCIATION recognizes the duty and obligation of its representatives to comply with the provisions of this MOU and to make every effort toward inducing all employees to do so.
In the event of a strike, work stoppage, slowdown, or other interference with the operation of the CITY by employees who are represented by the ASSOCIATION, the ASSOCIATION agrees in good faith to take all necessary steps to cause those employees to cease such action.
It is agreed that any employee violating this Article may be subject to discipline up to and including termination by the CITY.
Article 13 - Salary Adjustments
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A. Monthly salaries shall be provided in accordance with ranges established for each position listed in Appendix A.
B. An employee who is demoted to a position in a class having a salary range lower than the class or position from which he/she was demoted from shall receive the highest salary step in the new classification that does not exceed his/her rate of pay immediately prior to the demotion. The employee shall retain the same anniversary date.
C. Employees may "flex" to the next higher level upon approval by the City Manager based upon demonstrated work performance and enhanced value to the organization and as provided by meeting all of the following criteria : 1) the department head must provide written recommendation for progression to the next higher level; 2) employee must meet the minimum qualification as established for the higher level; 3) the employee must have a current performance evaluation satisfactory rating in the current position and must not have been on a performance improvement plan within the prior 24 months or have a record of employee discipline in the prior 24 months; and 4) the City Manager must make a determination that the current year budget has provided funds to cover the increased cost of upgrading this position.
If an employee is granted a higher level position within this flexible staffing provision, within a six (6) months' probation period an employee may be demoted to their former range and step as provided in the Personnel Manual Section 8.07 if the employee is not performing at the higher level as determined by the Department Head or by mutual agreement to return to their former position.
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Article 14 - Service Longevity Pay
The CITY shall provide a lump sum Service Longevity Pay in the following manner.
A. On the completion of five (5) years of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a one-time lump sum Service Longevity Pay equivalent to 1.5% of the employee's annual base salary.
B. On the completion of ten (10) years of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a one-time lump sum Service Longevity Pay equivalent to 2% of the employee's annual base salary.
C. On the completion of fifteen (15) years of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a one-time lump sum Service Longevity Pay equivalent to 2% of the employee's annual base salary.
D. On the completion of twenty {20) yea rs of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a one-t ime lump sum Service Longevity Pay equivalent to 2.5% of the employee's annual base salary.
E. On the completion of twenty five (25) years of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a one-time lump sum Service Longevity Pay equivalent to 2.5% of the employee's annual base salary.
F. After the twenty-fifth (25th) year of service with the City, and upon completion of each fifth year of continuous service from the initial anniversary date with the City, the City shall provide the employee with a one-time lump sum Service Longevity Pay equivalent to 2.5% of the employee's annual base salary.
G. Continuous service is defined as years from the anniversary date of initial full-time hire of the employee.
Article 15 - Incentive Pays
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A. The CITY will provide a $100.00 per month differential to employees in a position approved by the City Manager and who have passed the CITY selected proficiency test for their use of Spanish on behalf of the CITY.
B. For Plant Operator I, II and Ill and Maintenance Technician I, II and Ill positions within water treatment, wastewater treatment, and water distribution, the City shall provide a 2.5% of base salary incentive for each approved Water or Wastewater Operator's certification and, effective January 1, 2016, Water Distribution certification obtained that are above the minimum required for each position. The maximum shall be 5% of base pay.
C. Any employee currently receiving certification pay that is not required by the State or required as a condition of City employment shall suffer no loss. Effective January 1, 2016 employees not required by the State or required to obtain a certification as a condition of City employment shall not be eligible for certification pay.
For example, a Plant Operator II is required to have a minimum certification of a Water II and Wastewater II. If the Plant Operator II has a Water Ill Certification,
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he/she will receive a 2.5% incentive and an additional 2.5% for a Wastewater Ill Certification. Eligibility for this incentive pay shall be determined by the Director of Public Works and approved by the City Manager.
D. The CITY will provide a $150.00 month differential to employees who obtain and maintain an Applicator's License, Class A License, or a Lab Analyst Certification. Employees must actively use this license or certificate in the course of work and shall have a direct benefit to the CITY. Only one employee as determined by the department head may receive the certification pay for each of the different licenses.
If a Senior Plant Operator chooses to obtain a Lab Analyst certification, he/she may be eligible for a $150.00 monthly differential at the Department Head's discretion.
Article 16 - Work Schedule
A. This Article is intended to define the normal hours of work and shall not be construed as a guarantee of work per day or per week, or of days of work per week.
B. Workday: The normal workday shall be eight (8) hours of work in a twenty-four consecutive hour period except in case of emergencies. Approved alternative schedules may deviate from this standard.
C. Work shift: Employees shall be scheduled to work on regular work shifts having regular starting and quitting time. Call-outs or overtime does not constitute a change in work shift.
D. Workweek: For existing bargaining unit employees, Monday is recognized as the first day of a normal workweek except in cases of emergencies or at the specific request of an employee and upon approval of the employee's direct supervisor and department head.
Nothing herein shall be construed to eliminate currently established irregular work schedules of any permanent full-time positions. Employees who are assigned weekend shift work (Saturday, Sunday, or both) shall receive Overtime for any time worked in excess of 40 hours in a week.
E. Workweek: For bargaining unit employees hired after January 1, 2016, the normal workweek shall be five (5) workdays and two (2) consecutive days of rest in a seven (7) consecutive day period. This may include working on weekends if deemed necessary for proper operations of City facilities and programs as determined by the City Manager and approved by the department head. Employees who are assigned weekend shift work (Saturday, Sunday or both), shall receive a five {5%) shift differential to the base pay for each day worked.
F. Administrative Relief: Changes in the work schedule may be made on an individual basis for each employee, but must be mutually agreed upon by the employee, the employee's direct supervisor and department head.
Article 17- Stand-By
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A. Should CITY call back any full-time employee, after his normal working hours to perform work, CITY shall pay the employee time and one-half (1-1/2) for all hours actually worked, but in no event shall employee receive less than a minimum of two (2) hours' time and onePage 9 Item #6.1.
half pay regardless of time actually worked as a result of being called back to perform services for CITY.
B. Stand-by shall be mandatory for all qualified personnel.
C. Stand-by scheduling may be modified by the department head to accommodate personnel availability and departmental needs.
D. Stand-by employees shall receive a minimum compensation for being on stand-by, even when not required to perform work as a result thereof. Such compensation shall be straight-time wages in the amount of one {1) hour per workday, three {3) hours for Fridays, effective upon adoption of this memorandum of understanding, and four {4) hours per weekend day or holiday.
E. Plant Operators who are on stand-by will receive one hour of pay for any wake up or any call even if they did not need to respond. If there is a second call during that one (1) hour period no additional premium would be due. If, in the event there are five {5) calls and they are {only an example) one and one half hours apart, there shall be a premium call out for each one. This will not have any impact on the compensation the on-call person receives for being on stand-by.
Article 18 - Holidays
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A. Each employee in a classification represented by this MOU shall be allowed the following holidays with full pay:
New Year's Day
Martin Luther King's Birthday
Presidents Day
Memorial Day
Juneteenth Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Eve
Christmas Day
January 1
Third Monday in January
Third Monday in February
Last Monday in May
June 19
July 4
First Monday in September
November 11
Fourth Thursday in November
Friday after Thanksgiving
December 24
December 25
B. Whenever New Year's Day, Independence Day, Christmas Eve or Christmas Day falls on a Saturday or Sunday, the Friday preceding or the Monday following, respectively, shall be a holiday.
C. Holiday pay shall be at the rate of one and one-half {1-1/2) times the hourly base rate of pay, or time and one-half {1-1/2) compensatory time off, for those employees who work a normal work day on any of the normal recognized holidays. It will be the employee's option to receive pay or compensatory time off.
D. Employees shall be granted two (2) floating holidays per year, which may be taken at a time mutually agreeable to the employee and supervisor. unused holiday time may not be carried over into the following year. Employees hired between May 1 and August 31 will be
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credited with 12 hours of holiday time for that year and employees hired between September 1 and December 31 will be credited with 8 hours of holiday time. Employees leaving CITY service between January 1 and April 30 will be required to repay the CITY for 12 hours and those leaving CITY service between May 1 and August 31 will be required to repay the CITY for 8 hours.
Article 19 - Vacation Leave
A. Every full-time permanent employee represented by this MOU shall accumulate vacation as follows:
Year 1 through Year 3
Beginning Year 4 through Year 6
Year 7 and thereafter
10 Days {80 Hours)
15 Days (120 Hours)
20 days (160 Hours)
B. Vacation earned during the first six (6) months of employment cannot be taken until completion of probationary period.
C. Employees shall not earn vacation once their accrued vacation balance has reached three (3) times their annual maximum vacation accumulation.
D. Employees who have exceeded the maximum shall again begin to earn vacation when their balance is reduced below their maximum.
E. No employee shall be permitted to work for compensation for CITY in any capacity during the time of his paid vacation from City services.
F. Bargaining unit employees who separate from City employment, unless discharged from City services during their first six months of employment shall be granted all accumulated vacation or shall be paid at his/her rate of compensation applicable at the time of separation. Because employees seldom terminate on the final day of a month, the following method will provide for equitable payment for vacation earned during the month of termination. If an employee terminates on a day falling on the first through the fifteenth day of a month the employee shall receive credit for one-half the month's accrual; if an employee terminates on a day falling on the sixteenth through thirty-first day of the month, the employee shall receive full credit for the vacation accrual for the month.
G. Employee requests for vacation leave shall be submitted to Department Head or City Manager at least thirty {30) days in advance of the starting day of requested leave.
H. Each employee shall receive monthly a copy of his/her compensatory time, sick leave, and vacation leave, both accrued and used.
Article 20 - Sick Leave
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A. Every full-time employee represented by this MOU shall earn sick leave on the basis of one (1) eight-hour day for each month of service, with unlimited accumulation thereof.
1. Following the completion of the fifth (5th ) year of City service and prior to the beginning of each calendar year, an employee wishing to cash out sick leave may make such a request before the end of the current calendar year. The maximum cash out of sick
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leave is the lesser of ninety-six (96) hours or the employee's projected December 31st sick leave balance less one hundred twenty (120) hours (December 31st of the same calendar year as the submittal for the sick leave cash out). This election shall be irrevocable. Payment will be made before December 31st of the next calendar year, but no sooner than at the time the employee has accrued the number of sick leave hours requested to be cashed out at the rate of twenty-five percent {25%) of the covered employee's then existing wage.
2. Employees who are absent without pay for any reason for more than ten {10) working days during a calendar month shall not accumulate sick leave for that month.
3. If an employee's employment is terminated for any reason, there will be deducted from the final check the amount of sick leave taken during employment with CITY in excess of the amount accrued.
B. Sick leave means authorized absence from duty of an employee because of illness, injury, and exposure to contagious disease, or hospitalization. Although normal pregnancy and confinement is not to be construed as a reason for sick leave, pregnancy related illnesses or pregnancy related illness hospitalization shall be treated as any other illness or confinement.
C. A former full-time employee who is reappointed to CITY service shall not be entitled to have restored to his/her credit any sick leave balance remaining at the time of his/her separation from CITY service.
D. Up to forty-eight (48) hours of sick leave may be used per calendar year to care for members of the employee's immediate family who are ill or injured. Immediate family means:
• Father
• Mother
• Father in-law
• Mother in-law
• Stepparent where there is a child rearing relationship • Grandparent
• Brother
• Sister
• Brother in-law
• Sister in-law
• Spouse
• Domestic partner
• Child
• Employee is a parent in a child rearing relationship
• Stepchild where there is a child rearing relationship • Grandchild
E. Any employee requesting sick leave shall furnish a certificate issued by a licensed physician, or other satisfactory proof of eligibility for sick leave, upon the request of the Department Head. Further, any earned sick day taken on either side of a holiday, or for more than three {3) consecutive days, will require a medical certificate in support thereof, and employee shall supply such certificate upon return to work, unless, at the discretion of the Department Head, such certificate is waived prior to the employee's return to work.
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F. Upon retirement, CITY will buy back any remaining unused days at the following rate: all such accumulated days shall be multiplied by twenty-five percent {25%} of the employee's then existing daily wage rate.
G. CITY will provide sickness and disability insurance for each full-time employee covered by this MOU, enabling those employees who qualify to receive payments of up to One Thousand Dollars ($1,000) per week for a period of up to one hundred eighty days (180).
H. No employee shall feign illness or injury for the purpose of remaining away from scheduled duty assignments. Should such feigning of illness or injury occur, disciplinary action would be taken, up to and including dismissal from CITY employment.
Article 21- Bereavement Leave
A. In the event of a death in the immediate family of an employee, the employee shall, on request, be granted time off with pay as necessary to make arrangements for the funeral and attend same, not to exceed three work days. Such bereavement leave shall not be deducted from any accrued leaves including vacation, compensatory time off and sick leave.
The employee may use five (5) days of sick leave (if available; otherwise vacation if available then compensatory time off) in addition to bereavement leave, consistent with the time limitations for sick leave in the event of the death of an immediate family member.
B. For purposes of this provision, the immediate family shall mean:
• Father
• Mother
• Father in-law
• Mother in-law
• Stepparent where there is a child rearing relationship • Grandparent
• Brother
• Sister
• Brother in-law
• Sister in-law
• Spouse
• Domestic partner
• Child
• Child where the employee is a parent in a child rearing relationship • Stepchild where there is a child rearing relationship • Grandchild
C. The Employee may be required to submit proof ofthe relative's death before the final approval of leave with pay is granted.
Article 22 - Family and Medical Leave
Please see Section 10.06 of the CITY's Personnel Rules and Regulations.
Article 23 - Unauthorized Leave
Unauthorized leave of absence is cause for immediate dismissal, in accordance with law.
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Article 24 - Overtime
A. All FLSA non-exempt employees shall receive overtime pay computed at one and one-half {1.5) their regular rate for all hours worked by the employee in excess of amounts in a designated work period as specified by the FLSA. Overtime hours shall be paid to the nearest quarter hour of time worked. Official City holidays shall be considered as actual hours worked for purposes of computing overtime eligibility. Vacation, sick, compensatory time shall not count as actual hours worked for computing overtime. Except in case of emergency, overtime must be preauthorized by the City.,_ B. FLSA exempt employees are not covered by the overtime provisions and are not eligible for overtime pay.
C. FLSA non-exempt employees that are required to work in excess of a full-time employee's normal work day (e.g., 8, 10, 12 hours per work day) will be entitled to overtime at one and onehalf {1.5) their regular rate for all hours worked in excess of that full-time employee's normal work day.
Article 25 - Compensatory Time Off
A. Employees eligible for overtime pay may elect to receive compensatory time off {CTO) at the rate of time and one-half {1-1/2) in lieu of overtime pay.
B. Employees may have a maximum CTO credit of eighty {80) hours in any fiscal year period of July 1st through June 30th.
C. Employees shall be allowed to carry over a maximum of 40 hours of Compensatory Time Off {CTO) into the following fiscal year. The remaining compensatory time off accruals shall be paid out at the employee's current hourly rate of pay at the end of the fiscal year.
Article 26 - Military Leave
Full-time employees shall receive military leave benefits in accordance with State law.
Article 27 - Medical Examination
A. Any applicant being considered for appointment as a full-time probationary employee shall, prior to such appointment, undergo a physical examination performed deemed by the City to be appropriate for the job classification, with such medical examination by a licensed physician at City's expense.
Each calendar year the City will reimburse an employee for out-of-pocket costs of an annual physical examination and/or cancer screening up to an aggregate of two hundred fifty dollars ($250).
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Article 28 - Retirement
A. Employees Hired Before May 1. 2012
For employees hired before May 1, 2012 only, the CITY shall provide employees with retirement coverage through the Public Employees' Retirement System (PERS) including the following:
1. Government Code Section 20965, Sick Leave Service Credit, and
2. Government Code Section 21354.4 2.5%@ 55 Full and Modified Formula B. Employees Hired on or After May 1, 2012 and Before January 1. 2013, or Employees Who Qualify for Pension Reciprocity
For employees hired on or after May 1, 2012 and before January 1, 2013, as well as for employees who qualify for pension reciprocity pursuant to Government Code Section 7522.02 (c) and any related reciprocity requirements established by PERS, the City shall provide retirement coverage through the PERS retirement formula under Government Code Section 21353 (2% @ 60). The formula shall be based upon a 3 year average salary. The City also shall provide credit for unused sick leave pursuant to Government Code Section 20965.
C. Employees Hired on or After January 1,2013
For employees hired on or after January 1, 2013 who do not qualify for pension reciprocity pursuant to Government Code Section 7522.02 (c), the City shall provide retirement coverage through the PERS retirement formula under Government Code Section 7522.20 (2% @ 62). This formula shall be based upon a 3 year average salary. The City also shall provide credit for unused sick leave pursuant to Government Code Section 20965.
D. Employee Contributions
All employees shall pay the full employees' share of Public Employees' Retirement employee contribution as determined by PERS; the City shall not pick up any portion of the required employee contribution.
Article 29 - Medical Benefits
Regular or probationary full time employees are members of the Public Employees Medical and Hospital Care Act ("PERS Health") insurance program. The CITY's monthly contribution to provide health insurance benefits for the individual employee and the employee's eligible dependents shall be the minimum payment required by the Public Employees Medical and Hospital Care Act.
Flexible Benefits Plan - Regular or probationary full-time employees may participate in the flexible benefits plan. The City shall offer an Internal Revenue Code Section 125 Plan, which contains the components of premium conversion, health care reimbursement account, and dependent care reimbursement account
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A. Effective January 1, 2012, the CITY shall contribute the below-listed amount per month toward each employee's Section 125 Plan components:
1. 100% of the Dental Plan monthly premium amount, less the 10% employee
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contribution, paid through a payroll deduction.
2. 100% of the Medical Plan monthly premium amount for any eligible Cal PERS plan, less the minimum premium payment required by PERS and less the 10% employee contribution, paid through a payroll deduction.
3. 100% of the Vision Plan monthly premium amount, less the 10% employee contribution, paid through a payroll deduction. Mandatory for all employees and is effective March 1, 2022.
B. An employee may use any and all CITY contributions to Section 125 Plan toward the cost of employer-provided PERS Medical health insurance and Dental insurance for the employee and eligible dependents. An employee may not use funds for other reasons.
C. Share the Savings Program
The CITY shall provide four hundred dollars ($400.00) per month to any employee who meets the following criteria:
1. Declines the CITY sponsored Medical Coverage and
2. Provide the CITY with acceptable evidence of Medical Insurance from an alternate provider.
D. The CITY shall advise the Association prior to any change of the insurance carrier or method of funding coverage for any fringe benefits granted pursuant to this provision.
E. Affordable Care Act
At such time as regulations are issued implementing the Affordable Care Act ("ACA"). The City and the CPEA will meet to discuss the impact, if any, of such regulations on any benefit plan offered by the City. If modifications to the benefits, eligibility for coverage, employer or employee contributions to the cost of insurance or any other provisions of the benefits plans covered by this MOU will be modified by the ACA during the term of this agreement, it is agreed that the City and the CPEA will reopen the contract to meet and confer and determine how such mandated changes will be implemented.
Article 30 - Dental, Vision and Other Benefits
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A. The CITY shall provide continued dental coverage for employees and qualified dependents, the entire premium to be paid in accordance with Article 28 during the term of this MOU.
B. The CITY shall make available a vision care plan for its employees and qualified dependents.
The entire premium to be paid in accordance with Article 28 during the term of this MOU.
The CITY has the option of changing plans or providers, however, prior to making any such change, the CITY shall notify the ASSOCIATION and discuss the reasons for the change.
C. The CITY shall make available an orthodontist plan for its employees and dependents. The CITY shall not contribute to the premium for this coverage. This plan is provided as an employee option.
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D. The CITY shall advise the Association prior to any change of the insurance carrier or method of funding coverage for any fringe benefits granted pursuant to this provision.
Article 31- Life Insurance
CITY shall provide life insurance coverage for each employee covered by this MOU at a minimum amount of Fifty Thousand Dollars ($50,000), or one year's base salary whichever is greater to include a double indemnity provision.
Article 32 - Uniforms and Equipment
A. All full-time maintenance and plant personnel shall be issued, at CITY's expense, the CPEA 2023
following items:
4 shirts and nametags (**)
4 trousers(***)
1 safety helmet (hat)
2 pair safety boots or shoes
1 seasonal jacket with removable liner
1 set rain gear (tops and bottoms)
1 pair rain boots and/or hip boots
1 coverall
1 pair work gloves
**In place of 4 button-down shirts, 8 T-shirts (not to exceed $175) may be purchased.
***To allow flexibility, instead of 4 trousers and one pair of coveralls, the employee may choose to have 5 trousers and no coveralls. Treatment plant operators may have two additional trousers.
B. Uniform Cleaning and Replacement
1. Employees shall bear cost of cleaning and maintaining items issued, except as otherwise required by law. CITY shall bear cost of issued items for replacement, subject to authorization by the Department Head.
2. Cost of replacement or repair of issued items as a result of employee neglect shall be borne by the employee.
3. Every employee subject to this MOU shall return to the Department Head, on termination of employment, all items issued.
4. The Department Head may issue items to any or all employees covered by this MOU, when it is found that the employee's safety or health is being compromised .
5. The Department Head may add or subtract items and quantity issued, when it is found that the job classification warrants.
6. The Department Head shall select uniform design, color and uniform patches, nametags, or other means of identification.
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Article 33 -Tuition Reimbursement
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A. The tuition reimbursement program is intended to:
• Encourage Employees to continue their education in order to meet present and future needs of City service.
• Increase effective work performance and Employee efficiency. • Facilitate promotion from within .
• Attract to city service persons of superior ability and potential for advancement.
B. Eligible courses. Courses must relate to the Employee's job assignment or be job-oriented, and must be offered by a qualified training institution. In general, qualified training institutions are those colleges or universities which offer accredited coursework transferable to other academic institutions. However, professional skills-building workshops, institutions, or seminars which are not usually transferable will be covered if they provide continuing education units or are offered by an institution recognized by a specialized accrediting body in a professional field. Any other professional training not offered by an accepted accredited or licensed agency must be offered by or under the direction of a recognized professional organization in the applicant's occupational field.
Training programs, such as workshops, institutes, seminars, and symposia which do not meet the above criteria and which are not intended for academic advancement are not covered under the program. These courses may be attended on City time at the discretion of the Department Head, and at City expense, which is budgeted for and administered by the employee's department.
C. Courses must be taken on the Employee's own time unless otherwise authorized by the Department Head and the City Administrator.
D. Each employee shall be eligible for a maximum reimbursement each year from a budgeted Citywide fund, subject to availability of monies remaining in said City-wide fund. The individual employee yearly maximum shall be $250.00.
E. Reimbursement will be made in the following manner:
• Prior to enrolling in a course, an Employee must secure Department Head approval that the course work is job-related and submit to the department a proposed estimated expenditure request. If the Department Head denies an Employee request, the Employee may appeal the denial to the City Administrator. • Upon conclusion of the course work, the Employee must submit proof of a "C," "pass" or other appropriate notice of successful course completion to his/her Department Head along with an expenditure claim for tuition, books, or other required course materials.
F. This program is not intended to reimburse expenses that are provided through any other job relate training program for which other reimbursement is provided.
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Article 34 - Grievance Procedures
A. Grievances: An allegation by any regular employee that the employee has been adversely affected by a violation of a specific provision of the MOU, Department Policies and Procedures, Personnel Rules and Regulations and/or established procedures.
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B. Grievant: Is the Association or any regular employee adversely affected by a violation of a specific provision of the MOU, Department Policies and Procedures, Personnel Rules and Regulations and/or established procedures.
C. Personnel Director: The Personnel Director shall be the City Manager or his/her designee.
1. General Provisions
a. Time limits may be waived by mutual written agreement of the parties. b. If the City does not meet the time limits, the grievance may be advanced to the next step at the option of the party waiting for the response. c. A grievant may be represented by a representative of his/her own choice at any step in the presentation of his/her grievance.
d. No reprisal shall be taken against any employee for the legitimate use of this procedure.
e. Any grievance not timely filed or appealed within specified time limits, shall be null and void.
2. Procedure
The following procedure shall be followed in presenting a grievance:
a. The timelines set forth hereinabove are mandatory. Failure to comply with such timelines, as set forth herein shall terminate the rights granted hereunder. b. Within twenty-one (21) calendar days of the occurrence or within twenty-one (21) calendar days of when the employee should have reasonably known of the eventgiving raise to the grievance, the employee shall discuss the grievance with the immediate supervisor.
c. If, after discussing the grievance with the supervisor, the employee is still dissatisfied, the employee may file a written grievance with the Department Head, provided such written grievance is filed within fourteen (14) calendar days of the meeting referred to in Article 34.C. 2.b.
d. The written grievance shall set forth a clear statement of the grievance, the circumstances involved, the decision rendered at the informal conference, and the specific remedy sought.
e. A written decision within fourteen (14) calendar days shall be communicated to the employee. If the response is not made within the time limits, or if the employee is
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still dissatisfied, the employee may appeal in writing to the City Manager or designee.
f. An employee appealing to the City Manager or designee shall file a written appeal within fourteen (14} calendar days of notice of the decision referred to in Article 34.2.e. within fourteen (14) calendar days of the lapse of the time limits within which the written decision was required. The City Manager may also set the matter for a grievance hearing. The City Manager or designee shall communicate his decision in writing within fourteen (14) calendar days of receiving or the holding of a grievance hearing, whichever is longer.
g. If the employee believes that the grievance has not been resolved through the appeal to the City Manager/designee, the employee may appeal the grievance to a hearing before a third party, neutral arbitrator for advisory arbitration. Such appeal shall be concurrently filed by the employee to the City's City Manager and the Association's President.
Within fourteen (14) calendar days following receipt of the appeal for advisory arbitration, either the City Manager/designee or Association President/designee shall request a list of seven (7} arbitrators to be supplied by the State of California Mediation and Conciliation Service. The City Manager/designee or Association President/designee may mutually select one (1) arbitrator from the said supplied list or shall select one from the list by, after a toss of a coin (with the winner of the coin toss to decide which party shall move first), alternately striking names until one name remains. That person remaining shall serve as the arbitrator.
The fees of the arbitrator and of a court reporter, if any, shall be shared equally by the City and the employee. Each party shall be responsible for its own costs, including the costs of their advocates.
A hearing before the arbitrator shall be held within sixty (60) calendar days of the selection of the arbitrator, unless the selected arbitrator's schedule does not so permit. If the selected arbitrator's schedule does not so permit, either the parties shall mutually agree to extend the date of the hearing or, absent such mutual agreement, the selected arbitrator shall be the individual last struck before the arbitrator who is not timely available. This process shall continue until either a) the arbitrator is available to hold the hearing timely; orb} the parties mutually agree to a time extension; or c) none of the seven arbitrators are timely available and, if so, then the first arbitrator (i.e., the arbitrator whose name was not stricken from the listing of seven and thus contacted first) shall be the arbitrator (and notwithstanding the arbitrator's inability to hold the hearing within sixty calendar days).
The arbitrator's recommended decision shall be concurrently filed with the City Manager/designee, Association President/designee and the employee. h. Following the grievance arbitration hearing, the City Manager shall have thirty (30) calendar days following receipt to accept or reject the arbitrator's recommended decision. If the City manager does not act within the thirty (30) calendar days then the arbitrator's recommended decision is deemed adopted. In the event the City Manager rejects the arbitrator's recommended decision, then the decision of the City Manager shall be final and the City shall pay one hundred percent (100%) of the
Item #6.1.
fees of the arbitrator and court reporter (i.e., fees of the arbitrator and court reporter are no longer equally shared between the City and the employee}.
Article 35 - Probationary Period
The probationary period shall be regarded as part of the selection process and shall be utilized for the purpose of determining the Employee's ability to perform satisfactorily the duties prescribed for the position and determining the Employee's ability to work with other employees.
CPEA 2023
A. Length of Probation: All initial and promotional appointments shall be tentative and subject to a probationary period of actual City service. The probationary period shall not include time served under any temporary appointment. The length of the probationary period for employees shall be twelve (12) months.
B. The City Manager may establish probationary periods of longer term by class, by department, or City-wide. Such longer-term probationary periods shall be based on the needs to adequately assess an Employee's on-the-job performance following of an orientation and/or training period.
C. Extension of Probation: the probationary period of an individual employee may be extended by the City Manger, upon the request of the Department Head, for a period not to exceed an additional six {6} months. Approval of such extension by the City Manager shall be in writing with notification to the Employee involved prior to the end of the probationary period.
D. Reiection During Probation: During the probationary period, an Employee may be rejected at any time by the Department Head without cause and without the right of appeal. The Department Head shall notify the City Manager in writing of the intention to reject an Employee during probation. Upon approval, the Department Head shall provide prompt notification to the Employee involved.
E. Reiection Following Promotion: An Employee rejected during the probationary period following a promotional appointment shall be reinstated to a position in a former classification from which the Employee was promoted. However, if the cause for not passing probation was sufficient grounds for termination, the Employee shall be subject to termination without reinstatement to the lower position. Such termination shall be subject to the disciplinary procedures.
F. Promotion During Probation: While serving a probationary period, an Employee may be promoted to a position in a higher class provided the Employee is certified from the appropriate Eligible List in accordance with the Personnel Rules. If an Employee is promoted during the probationary period, the Employee shall serve a new complete probationary period for the new class beginning with the date of appointment to the new class.
G. Leaving During Probation: In the event probationary Employee takes an approved unpaid leave of absence of thirty {30} or more calendar days during his or her probationary period, the City Manager may, upon the recommendation of the Employee's Department Head, extend the probationary period for an equivalent period.
H. Completion of Probationary Period: Prior to the completion of the probationary period, the Employee's Supervisor shall complete, and the Department Head shall review and approve,
Item #6.1.
a performance evaluation to ascertain whether the probationary employee may become a regular Employee of the City.
Article 36 - Layoff and Abolition of Position
A. Authorization: The City Manager may lay off, without prejudice, any regular Employee because of lack of appropriate funds, curtailment or lack of work, or other reasons. Such layoff shall take effect five (5) days after the receipt by the Employee of a notice in writing of the proposed layoff action.
CPEA 2023
B. Order of Layoff.
1. Layoff shall mean a termination of employment resulting from changes in duties or organization, abolition of position, shortage of work or funds, or reorganization.
2. The appointing authority may lay off employees for any reason stated in Paragraph A hereinabove, which requires the reduction of the work force of the City. The name of any employee so released shall be placed on an appropriate re-employment eligibility list. The City Manager or designee shall notify the employee affected by the intended action, at least fourteen (14) calendar days before the effective date. Employees laid off pursuant to this section shall have the right of appeal.
3. Order of Layoff. In each classification in which a layoff is to occur, employees shall be laid off in the following order:
l. All temporary employees
2. All part-time employees
3. All probationary employees
4. Regular employees
Order of layoff shall not be based in any manner upon seniority, but rather upon merit as evidenced by evaluations and subject to meet and confer between City and Association.
4. The City Council may abolish for cause any position of employment by amendment of the appropriate schedules of positions and employments. Employees transferred, demoted or laid off because of the abolishment of positions shall have the right of appeal.
5. The effective date of abolishment of the position occupied by an employee shall be at least thirty (30) days after the act of abolishment. The City Council may, by declaration of an emergency, modify the effective date.
6. At least fourteen (14) calendar days prior to the effective date of such abolishment, the City Manager or designee shall notify the employee affected of the intended action and the effective date.
7. When reduction of personnel is generally indicated, positions shall be vacated on decision of the City Manager, who shall take into consideration the administrative needs of the City, as well as maintenance of the public peace, health, safety and welfare.
Item #6.1.
C. Return to Former Closs~ In the event of a layoff, Employees who have been promoted during their service with the City may brnnp back one classification in their t ar,eer series to a position they formerly held if there ls an Employee in the lower classification with :less senior'ity than the Employee who wants to bump,
D. Seniority Defined: For purposes of this provision, seniority sha'II be defined a.s the number of months of paid serv1,ce .since the Employee's most recent hire dat·e w:ith the City ..
E. Order of Reemployment: .Employees on a layoff re-employment list shall have preference over new hires. Employees on a layoff shall be offered re-employment in the inverse order of layoff, provided no intervening factors have occurred which essent ially change the ability ofthe Employee to perform 1he offered employment.
F. Notice of Reemployment: The City shall give the Employee reasonable :advance notice of the opportunity for re-employment. Employ.ee.s recalled to work shall .return to work at the time .specified by the City. ,Any laid off Employee who refuses an offer o-f employment to the classificatlon from which they were laid off or who fails to r eport to work shall be considered as havlrig resigned. Upon re-employment the employee shall return 'to the benefit accrual level at time of layoff.
Article 37 - Personnel .Rules and Regulations
The Articles ofthis MOU are also covered 1n the CfTY Personnel Rules and Regulations. It is the intent of the parties that the provisions in both the CITY Personnel Rules and Regulations and the MOU be the same. If there is conflict between the two, the provisions of this MOU .shall prevail over the CITY 'Personnel Rules and Regulations.
Any specific reference to a section of the CITY Personnel Rules and Regulations in this MOU is subject to re\i'iew under Article 33 Grievance Procedures and may not be modified without mutual agreement of the ASSOCIATION except as may be permitted by law (e.g., following collective .barga.ining impasse; to meet the requirement under law or a court/adjud,tation body o'f competent jurisdiction) .
Article 38- Labor/Management Committee
The Labor/Management Committee will consist of two (2) repre.sentatives selected by the CITY and two (2) representatives selected by th·e ASSOCIATION . The Labor/Management Committee shall meet, as necessary, to d1scoss issues regarding the Labor/Management relationship and working conditions.
Article 39 - Signatures
In witness w't1ereof, the parties have cau.sed their authorized representatives to execute this MOU a·s a mutual recommendation to the City Council of the City of Calistoga this _ _ ________ _
CITY OF CALISTOGA
Laura Snideman
City Manager
CPEA20.23
,, CALISTOGA PUBLIC EMPL ·VHS' ASSOCIATJON
Travis Bounsall
President
Qjj ~ ~ ~ 1~\11,J~1.
Richard Reed \\: 5, • ~
Labor Negotiator
Item #6.1.
Appendix A
Salary Schedule
Calistoga Professional Employees' Association (CPEA)
Monthly
1. The present monthly pay rate for represented classifications are:
Classification Monthly-1 Monthly-2 Monthly-3 Monthly-4
Accounting Assistant $4,637 $4,869 $5,112 $5,368
Administrative Assistant 4,991 5,240 5,502 5,777
Administrative Services Technician 5,368 5,636 5,918 6,214 Assistant Engineer 7,194 7,553 7,931 8,328
Assistant Planner 7,126 7,481 7,855 8,248
Associate Planner 7,855 8,248 8,661 9,094
Building Inspector 6,370 6,688 7,022 7,373
Chief Plant Operator (Water & Wastewater) 7,668 8,052 8,454 8,877 Maintenance Technician I 4,637 4,869 5,112 5,368
Maintenance Technician II 5,112 5,368 5,636 5,918
Permit Technician 5,112 5,368 5,636 5,918
Plant Operator I 5,450 5,722 6,008 6,309
Plant Operator II 6,155 6,463 6,786 7,125
Recreation Coordinator 4,484 4,708 4,943 5,190
Senior Accounting Assistant 5,240 5,502 5,777 6,066
Senior Maintenance Technician 5,777 6,066 6,370 6,688
Senior Plant Operator 6,370 6,686 7,022 7,373
Water Conservation Technician 4,637 4,869 5,112 5,368
Monthly-5 FLSA
$5,636 Non-Exempt
6,066 Non-Exempt
6,525 Non-Exempt
8,744 Non-Exempt
8,661 Non-Exempt
9,548 Non-Exempt
7,742 Non-Exempt
9,321 Non-Exempt
5,636 Non-Exempt
6,214 Non-Exempt
6,214 Non-Exempt
6,624 Non-Exempt
7,481 Non-Exempt
5,450 Non-Exempt
6,370 Non-Exempt
7,022 Non-Exempt
7,742 Non-Exempt
5,638 Non-Exempt
2. Effective the later of the beginning of the first full pay period following the City Council's adoption of the collective bargaining agreement or January 1, 2023, the base wages set forth in this Appendix A, paragraph 1, above, will be increased by six percent (6%).
3. Effective the later of the beginning of the first full pay period following the City Council's adoption of the collective bargaining agreement or January 1, 2023, the base wages of the following classifications shall be increased by the base wages set forth in this Appendix A, paragraph 1, above, by an additional percentage as stated below, and said percentage shall be additive (and not compounded) by the percentage specified in this Appendix A, paragraph 2. • Plant Operator I 8.91%
• Plant Operator II 8.91%
• Senior Plant Operator 15.77%
• Chief Water Plant Operator 5.77%
• Permit Technician 5.00%
• Recreation Coordinator 8.00%
• Senior Maintenance Technician 5.00%
4. Effective the beginning of the pay period which includes January 1, 2024, the base wages set forth in this Appendix A, paragraph 3, above, and for all other classifications not listed in Appendix A, paragraph 3, the base wages set forth in this Appendix A, paragraph 2, above, will CPEA 2023 Page 24
Item #6.1.
be increased by the San Francisco-Oakland-Hayward Consumer Price Index, all urban consumers (CPI-U) for the October 2023 twelve-month increase with such wage increase to be a minimum of two percent (2%) and a maximum of five percent (5%).
5. Effective the beginning of the pay period which includes January 1, 2025, the base wages set forth in this Appendix A, paragraph 4, above, will be increased by the San Francisco-OaklandHayward Consumer Price Index, all urban consumers (CPI-U) for the October 2024 twelve-month increase with such wage increase to be a minimum of two percent (2%) and a maximum of five percent (5%).
6. The hourly rate is calculated by multiplying the monthly pay rate by twelve (12) months and dividing that value by two thousand eighty (2,080) hours.
CPEA 2023 Page 25
Item #6.1.
SIDE LETTER OF AGREEMENT
To the Memorandum of Understanding
Between the City of Calistoga and the Calistoga Public Employees' Association Regarding Biweekly Pay Periods
This will confirm an understanding reached between the City of Calistoga (hereinafter referred to as the "CITY") and the Calistoga Public Employees' Association (hereinafter to as the "ASSOCIATION").
Collectively, CITY and ASSOCIATION are hereinafter referred to as "the parties." WHEREAS, employees are presently paid bimonthly (twice monthly) with the first pay period of the first of the month through the fifteenth (employees paid on approximately the fifteenth) and the second pay period from the sixteenth through the end of the month (employees paid on approximately the last day of the month); and
WHEREAS, every pay period employees need to estimate the hours worked from the due date of timesheets (typically four days prior to the end of the pay period) and such estimations may be inaccurate due to additional hours worked or the use of paid time off (e.g., using vacation, sick leave, compensatory time off); and
WHEREAS, the CITY wishes to pay employees on a biweekly (every other week) basis, subject to the agreement between all of the City's represented employee associations.
Now, therefore, the parties agree as follows, effective October 1, 2023:
• Timesheets and paychecks will be on a biweekly basis and no longer on bimonthly basis. • Employees shall be paid on the Friday following the close of the pay period (i.e., first paycheck will be October 20, 2023 and then every two weeks thereafter). • As a transition from bimonthly to biweekly paychecks, an employee may borrow one thousand five hundred dollars ($1,500.00) payable through the City's accounts payable process, with employee repayment of five hundred dollars ($500) as a payroll deduction taken over the second paycheck in October 2023, the fist paycheck in November 2023, and the second paycheck in November 2023. An employee who participates with this transition loan shall sign a promissory note which shall include repayment from the employee's accrued leave payouts should the employee separate from CITY employment prior to full repayment of the transition loan.
• The annual leave accruals (e.g., sick leave, vacation) will be maintained at the same annual amounts and will be recalculated from based on 24 bimonthly accruals to based on 26 biweekly accruals.
• The City may elect to not implement this Side Letter Agreement if all three of the CITY's bargaining units have not agreed to the change of biweekly timesheets and paychecks.
For the CITY
Laura Snideman, City Manager
CPEA 2023
For the ASSOCIATION
Travis Bounsall, CPEA President
Richard Reed
Labor Negotiator
Item #6.1.
SIDE LETTER OF AGREEMENT
To the Memorandum of Understanding
Between the City of Calistoga and the Calistoga Public Employees' Association Regarding Lump Sum Payment for Early Settlement
This will confirm an understanding reached between the City of Calistoga (hereinafter referred to as the "CITY") and the Calistoga Public Employees' Association (hereinafter to as the "ASSOCIATION").
Collectively, CITY and ASSOCIATION are hereinafter referred to as "the parties." To encourage the early settlement of the successor collective bargaining agreement, upon the City's receipt of the signed, ratified Memorandum of Understanding, employees as of December 1, 2022 shall receive the following lump sum payment within three pay periods following the CITY's said receipt. • If the ASSOCIATION returns the signed, ratified Memorandum of Understanding to the Director of Administrative Services on or before noon of December 16, 2022, then the employees shall receive a lump sum payment of one thousand dollars ($1,000}. • If the ASSOCIATION returns the signed, ratified Memorandum of Understanding to the Director of Administrative Services after noon of December 16, 2022 but on or before December 30, 2022, then employees shall receive a lump sum payment of six hundred dollars ($600). • If the ASSOCIATION returns the signed, ratified Memorandum of Understanding to the Director of Administrative Services after December 30, 2022 but on or before January 17, 2023, then employees shall receive a lump sum payment of three hundred dollars ($300). • If the ASSOCIATION returns the signed, ratified Memorandum of Understanding to the Director of Administrative Services after January 17, 2023, then there shall be no supplemental payment to the employees under this Side Letter Agreement.
• It is the parties intent that there shall be only one (1) lump sum payment dependent on the soonest date the signed, ratified Memorandum of Understanding is returned to the Director of Administrative Services.
• The parties intend that the lump sum payment is not subject to Cal PERS reporting of benefits. • A part-time employee shall receive a pro-rata amount based on the employee's full-time equivalence. Temporary employees do not qualify for any lump sum payment.
For the CITY
Laura Snideman, City Manager
CPEA 2023
For the ASSOCIATION
Travis Bounsall, CPEA President
Richard Reed
Labor Negotiator
Item #6.1.
CPFA 2023
CITY OF CALISTOGA
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CALISTOGA
AND
CALISTOGA PROFESSIONAL
FIREFIGHTERS' ASSOCIATION
JANUARY 1, 2023 THROUGH DECEMBER 31, 2025
Item #6.1.
Article
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 2023 - MOU CITY OF CALISTOGA/CPFA
TABLE OF CONTENTS
Page
Recognition ..................................................................................................................................... 3 City Rights ........................................................................................................................................ 3 Employee Rights .............................................................................................................................. 4 Access of Facilities ..................................................................................... .. .. ....... ........................... 4 Dues ................................................................................................................................................. 4 No Discrimination ............................................................................................................................ 7 Grievance Procedures ..................................................................................................................... 7 Probationary Period ........................................................................................................................ 9 Sick Leave ...................................................................................................................................... 10 Vacation Leave .............................................................................................................................. 12 Holidays ......................................................................................................................................... 13 Compensatory Time Off ................................................................................................................ 13 Unauthorized (Unpaid) Leave ....................................................................................................... 13 Wages ................................................................................ ..................... ....................................... 14 Call Back ........................................................................................................................................ 14 Standby ........................................................... ............................................................................... 15 Differential and Bilingual Pay ........................................................................................................ 15 Medical Benefits ............................................................................................................................ 15 Dental and Vision lnsurance .......................................................................................................... 16 Life Insurance ................................................................................................................................ 16 Bereavement Leave ............................... .......................................................................... ............. . 16 Medical examination ................................................................................................................. .... 17 Service Longevity Pay ............................................................................................... ..................... 17 Educational Pay .................................................................................................... ......................... 18 Retirement .................................................................................................................................... 18 Uniforms ............................................................................ ............................................................ 20 Equipment ............................................................................................................ ..... .................... 21 Alcohol and Controlled Substance Abuse ..................................................................................... 21 Personnel Rules and Regulations ........................ .......................................... ................................ 21 Provisions of Law ........................................................................................................................... 21 Work Schedule .............................................................................................................................. 21 Successor MOU ............................................................................................. ................. ............... 22 Term .............................................................................................................................................. 22 Appendix A ....................................................................................................... .. ......... .................. 23 Side Letter Agreement re: Biweekly Pay Periods .......................................................................... 24 Side Letter Agreement re: Lump Sum Payment for Early Settlement.. ....... .................................. 26 Side Letter Agreement re: Joint Labor-Management Committee ................................................. 27 CPFA 2023 Page 2
Item #6.1.
MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF CALISTOGA AND CALISTOGA PROFESSIONAL FIREFIGHTERS' ASSOCIATION This Memorandum of Understanding (MOU) is made and entered into between the CITY OF CALISTOGA, hereinafter referred to as CITY and CALISTOGA PROFESSIONAL FIREFIGHTERS' ASSOCIATION, hereinafter referred to as ASSOCIATION, a recognized employee organization pursuant to the provision of the Meyers-Milias-Brown Act (Government Code Section 3500 et seq.).
The parties agree that this Memorandum of Understanding shall be submitted to the City Council of the City of Calistoga with the joint recommendation of the designated representatives of the parties that the City Council resolve to adopt its terms and conditions and take such other and additional action as may be necessary to implement its provisions.
CITY agrees to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with ASSOCIATION, and shall consider fully such presentations as are made by ASSOCIATION on behalf of its members prior to arriving at a determination of policy or course of action.
The parties have met and conferred in good faith through their designated representatives concerning those matters set forth in Government Code Section 3504 and have reached an agreement thereon as set forth below.
The parties agree as follows:
Article 1. Recognition
CITY recognizes the ASSOCIATION as the exclusive representative on behalf of all employees in the bargaining unit represented by the Calistoga Professional Firefighters' Association In the following classifications:
Firefighters
Fire Engineers
Fire Captain
Such representation being subject to and qualified by employee rights under applicable local, State and Federal law to be represented by the organization of their choice.
Article 2. CITY Rights
A. Except as limited by the specific and express terms of the Agreement, CITY hereby retains and reserves unto itself all rights, powers authority, duty and responsibilities confirmed on and vested in it by the laws and the Constitution of the State of California, the Municipal Code of the CITY of Calistoga, and/or the laws and Constitute of the United States of America.
CPFA 2023 Page 3
Item #6.1.
B. The CITY shall retain and shall have the right to exercise the following rights, which include but are not limited to the following:
1. The right to hire and fire;
2. The right to determine the mission of its constituent departments, divisions or commissions, and boards;
3. The right to set standards of service and municipal fees and charges;
4. The right to determine the procedures and standards of selection for employment, assignment, transfer and promotion of applicants and employees, provided in the case of employees that the Exercise of such right shall not infringe on any rights employee has under this MOU and/or statue;
CPFA 2023
5. The right to direct its employees;
6. The right to discharge or suspend employees for just cause and to take other disciplinary actions against its employees as set forth herein;
7. The right to relieve its employees from duty because of lack of work or other legitimate reasons;
8. The right to maintain the efficiency of governmental operations;
9. The right to determine, the methods, means and personnel by which governmental operations are to be conducted;
10. The right to determine job content and job classifications and meet and confer when applicable;
11. The City reserves the right to contract out work, subject to meeting and conferring with the Association regarding the impact of the decision on the bargaining unit which is now being performed by the bargaining unit or which shall be performed in the future by the bargaining unit, provided this only occurs in those situations where the tasks cannot be accomplished by current association members as efficiently, economically, and expediently as can be achieved by such contracting out, provided that CITY shall make every reasonable effort to place service requiring similar skills as the work performed by the employee when displaced by the contracting out and which requires minimal training to afford the employee opportunity to adequately perform the new position.
12. The right to take all necessary actions to carry out the mission of the CITY, its constituent departments, divisions, or commissions and boards in cases of emergencies; and
Item #6.1.
13. The right to exercise control and discretion over its organization and the technology of performing its work.
Article 3. Employee Rights
Employees of the CITY shall have the right to form, join and participate in the activities of the recognized employee organization for the purpose of representation on matters of employer-employee relations including, but not limited to wages, hours, and other terms and conditions of employment. Employees of CITY shall also have the right to refuse to join or participate in the activities of the recognized employee organization.
Article 4. Access of Facilities
A. All ASSOCIATION business will be conducted by employees and ASSOCIATION representatives outside of established working hours, and CITY facilities will not be used for the conduct of ASSOCIATION business, unless permission is granted therefore in writing. Nothing herein shall be construed to prevent an ASSOCIATION representative or an employee from contacting the CITY Manager or other management representatives regarding personnel related matters during working hours.
B. The authorized ASSOCIATION Business Agent shall be given access to work locations during working hours, provided that prior to visiting any work location the ASSOCIATION representative notifies the CITY.
Article 5. Dues
Employees may sign up for Payroll Deduction of Association Dues with the ASSOCIATION. The ASSOCIATION will certify changes or new authorizations for dues deductions from members of the ASSOCIATION in an electronic data file to be transmitted to the CITY's Administrative Services Department - payroll unit. If an employee opts for such deduction, it is understood that the dues will be deducted starting from the first day of the pay period following receipt of the certification and shall continue until:
1. The last day of the last pay period following the transfer, promotion or demotion of the employee to a different bargaining unit; or
2. Until the end of the pay period following notification from the ASSOCIATION to the CITY to cease deducting dues, or a later date as specified by the ASSOCIATION (to coincide with the end of a pay period).
3. The employee's earnings must be sufficient after the other legal and required deductions are made to cover the amount of the dues or fees authorized. When an employee is in a non-pay status for the entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an employee who is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be CPFA 2023 Page 5
Item #6.1.
II
II
II
made. In this connection, all other legal and required deductions (including health care deductions) have priority over dues
4. The ASSOCIATION, in consideration for and as a condition of the CITY withholding and transmitting payroll and benefit deductions authorized by this Section and in compliance with SB866 shall hold harmless and indemnify the City of Calistoga, its officers and employees from any liability that may arise from making, canceling or changing requested deductions~
5. Employee Orientation: City shall provide a written statement to each new bargaining unit employee that the classification is part of a bargaining unit represented by an Association, and the name of a representative of the Association. City will provide the ASSOCIATION President not less than ten (10) days notice of the onboarding orientation meeting held between CITY's human resources representative(s) and new bargaining unit employees, including the date, time and location of the orientation meeting. If a bargaining unit employee's first day of work begins less than ten (10) days after the date the employee is hired, the 10-day notice requirement may be reduced, and City will instead provide as much advance notice as reasonably possible of the orientation meeting.
The City will allow a Business Representative of the ASSOCIATION and/or outside labor representative to spend up to fifteen (15) minutes with the new unit member at the end of the onboarding orientation meeting in order to provide information and materials about the MOU and related matters. A bargaining unit member attending the onboarding orientation meeting as the ASSOCIATION representative shall be given paid release time sufficient to cover the ASSOCIATION's presentation and related travel time. The ASSOCIATION will provide the human resources representative with the name(s) of any bargaining unit members who they request to be released for this purpose as soon as reasonably possible, and at least 48 hours before the meeting.
To the extent required by Government Code Section 3558, CITY shall provide the ASSOCIATION President with a list of names and contact information (listed below) for any newly hired unit member within thirty (30) days of the date of hire or by the first pay period of the month following hire. CITY shall also provide the ASSOCIATION a list of all unit member names and contact information on the last working day of September, January, and May. The information shall include the following information except for any information subject to exclusion pursuant to Government Code Section 6254.3(c):
• Employee name,
• Job title,
• Department,
• Work location,
• Home address, and
• Work, home and personal telephone numbers and personal email addresses on file with the City.
CPFA 2023 Page 6
Item #6.1.
Article 6. No Discrimination
There shall be no discrimination based on race, creed, color, national origin, sex, ancestry, marital status, pregnancy, sexual orientation, or legitimate union activities against any employee or applicant for employment by the ASSOCIATION or by the CITY or by anyone employed by the CITY; to the extent prohibited by applicable state and federa l law, there shall be no discrimination because of age. There shall be no discrimination against any disabled person solely because of such disability; however, the disabled person must be able to perform the essential functions established for the classification.
Article 7. Grievance Procedures
A. Grievances: An allegation by any regular employee that the employee has been adversely affected by a violation of a specific provision of the MOU, Department Policies and Procedures, Personnel Rules and Regulations and/or established procedures.
B. Grievant: Is the Association or any regular employee adversely affected by a violation of a specific provision of the MOU, Department Policies and Procedures, Personnel Rules and Regulations and/or established procedures.
C. Personnel Director: The Personnel Director shall be the City Manager or his/her designee.
CPFA 2023
1. General Provisions
a. Time limits may be waived by mutual written agreement of the parties. b. If the City does not meet the time limits, the grievance may be advanced to the next step at the option of the party waiting for the response. c. A grievant may be represented by a representative of his/her own choice at any step in the presentation of his/her grievance.
d. No reprisal shall be taken against any employee for the legitimate use of this procedure.
e. Any grievance not timely fi led or appealed within specified time limits, shall be null and void.
2. Procedure
The following procedure shall be followed in presenting a grievance:
a.
b.
The timelines set forth hereinabove are mandatory. Failure to comply with such timelines, as set forth herein shall terminate the rights granted hereunder.
Within twenty-one (21) calendar days of the occurrence or within twenty-one (21) calendar days of when the employee should have reasonably known of the
Item #6.1.
CPFA 2023
event-giving raise to the grievance, the employee shall discuss the grievance with the immediate supervisor.
c. If, after discussing the grievance with the supervisor, the employee is still dissatisfied, the employee may file a written grievance with the Department Head, provided such written grievance is filed within fourteen (14) calendar days of the meeting referred to in Article 7.D. 2.b.
d. The written grievance shall set forth a clear statement of the grievance, the circumstances involved, the decision rendered at the informal conference, and the specific remedy sought.
e. A written decision within fourteen (14) calendar days shall be communicated to the employee. lfthe response is not made within the time limits, or if the employee is still dissatisfied, the employee may appeal in writing to the City Manager or designee.
f. An employee appealing to the City Manager or designee shall file a written appeal within fourteen (14) calendar days workdays of notice of the decision referred to in Article 7.2.e within fourteen (14) calendar days of the time limits within which the decision was required. The City Manager may also set the matter for grievance hearing. The City Manager or designee shall communicate his decision in writing within fourteen (14) calendar days of receiving or holding of a grievance hearing, whichever is longer.
g. If the employee believes that the grievance has not been resolved through the appeal to the City Manager/designee, the employee may appeal the grievance to a hearing before a third party, neutral arbitrator for advisory arbitration.
Such appeal shall be concurrently filed by the employee to the City's City Manager and the Association's President.
Within fourteen (14) calendar days following receipt of the appeal for advisory arbitration, either the City Manager/designee or Association President/designee shall request a list of seven (7) arbitrators to be supplied by the State of California Mediation and Conciliation Service. The City Manager/designee or Association President/designee may mutually select one (1) arbitrator from the said supplied list or shall select one from the list by, after a toss of a coin (with the winner of the coin toss to decide which party shall move first), alternately striking names until one name remains. That person remaining shall serve as the arbitrator.
The fees of the arbitrator and of a court reporter, if any, shall be shared equally by the City and the employee. Each party shall be responsible for its own costs, including the costs of their advocates.
Item #6.1.
A hearing before the arbitrator shall be held within sixty (60) calendar days of the selection of the arbitrator, unless the selected arbitrator's schedule does not so permit. If the selected arbitrator's schedule does not so permit, either the parties shall mutually agree to extend the date of the hearing or, absent such mutual agreement, the selected arbitrator shall be the individual last struck before the arbitrator who is not timely available. This process shall continue until either a) the arbitrator is available to hold the hearing timely; or b) the parties mutually agree to a time extension; or c) none of the seven arbitrators are timely available and, if so, then the first arbitrator (i.e., the arbitrator whose name was not stricken from the listing of seven and thus contacted first) shall be the arbitrator (and notwithstanding the arbitrator's inability to hold the hearing within sixty calendar days).
The arbitrator's recommended decision shall be concurrently filed with the City Manager/designee, Association President/designee and the employee. h. Following the grievance arbitration hearing, the City Manager shall have thirty (30} calendar days following receipt to accept or reject the arbitrator's recommended decision. If the City manager does not act within the thirty {30) calendar days then the arbitrator's recommended decision is deemed adopted.
In the event the City Manager rejects the arbitrator's recommended decision, then the decision of the City Manager shall be final and the City shall pay one hundred percent {100%) of the fees of the arbitrator and court reporter (i.e., fees of the arbitrator and court reporter are no longer equally shared between the City and the employee).
Article 8. Probationary Period
The first six (6) months (or longer period as determined by the City Manager) of an Employee's service in a promotional position.
A. Objective. The probationary period shall be regarded as a part of the selection process and shall be utilized for the purpose of determining the Employee's ability to perform satisfactorily the duties prescribed for the position and determining the Employee's ability to work with other Employees.
B. Length of Probation. All initial and promotional appointments shall be tentative and subject to a probationary period of actual City service. The probationary period shall not include time served under any temporary appointment. The length of the probationary period for safety employees shall be twelve (12) months.
C. The City Manager may establish probationary periods of longer term by class, by department, or City-wide. Such longer-term probationary periods shall be based on the need to adequately assess an Employee's on-the-job performance following the completion of an orientation and/or a training period.
CPFA 2023 Page 9
Item #6.1.
D. Extension of Probation. The probationary period of an individual employee may be extended by the City Manager, upon the request of the Department Head, for a period not to exceed an additional six (6) months. Approval of such extension by the City Manager shall be in writing with notification to the Employee involved prior to the end of the probationary period.
E. Rejection During Probation. During the probationary period, an Employee may be rejected at any time by the Department Head without cause and without the right of appeal. The Department Head shall notify the City Manager in writing of the intention to reject an Employee during probation. Upon approval, the Department Head shall provide prompt notification to the Employee involved.
F. Rejection Following Promotion. An Employee rejected during the probationary period following a promotional appointment shall be reinstated to a position in a former classification from which the Employee was promoted. However, if the cause for not passing probation was sufficient grounds for termination, the Employee shall be subject to termination without reinstatement to the lower position. Such termination shall be subject to the Discipline Procedures as contained in this manual.
G. Promotion During Probation. While serving a probationary period, an Employee may be promoted to a position in a higher class provided the Employee is certified from the appropriate Eligible List in accordance with these rules. If an Employee is promoted during a probationary period, the Employee shall serve a new complete probationary period for the new class beginning with the date of appointment to the new class.
H. Leaving During Probation. In the event probationary Employee takes an approved unpaid leave of absence of thirty (30} or more calendar days during his or her probationary period, the City Manager may, upon the recommendation of the Employee's Department Head, extend the probationary period for an equivalent period.
I. Completion of Probationary Period. Prior to the completion of the probationary period, the Employee's Supervisor shall complete, and the Department Head shall review and approve, a performance evaluation to ascertain whether the probationary employee may become a regular Employee of the City.
Article 9. Sick Leave
A. Sick leave shall be accrued at the rate of eleven point two (11.2} hours for each full calendar month of service with unlimited accumulation thereof.
B. Following the completion of the fifth (5th ) year of City service and prior to the beginning of each calendar year, an employee wishing to cash out sick leave may make such a request before the end of the current calendar year. The maximum cash out of sick leave is the lesser of one hundred thirty-four and four-tenths (134.4} hours or the employee's projected December 31st sick leave balance less one hundred twenty (120} hours (December 31st of the same calendar year as the submittal for the sick leave cash out). This election shall be irrevocable. Payment will be made before December 3pt of the next calendar year, but no sooner than at the time the CPFA 2023 Page 10
Item #6.1.
employee has accrued the number of sick leave hours requested to be cashed out at the rate of twenty-five percent (25%) of the covered employee's then existing wage.
C. Employees who are absent without pay for any reason for more than four (4) working days during a calendar month shall not accumulate sick leave for that month.
D. If an employee's employment is terminated for any reason, there will be deducted from the final check the amount of sick leave taken during employment with CITY in excess of the amount accrued.
E. Sick leave means authorized absence from duty of an employee because of illness, injury, and exposure to contagious disease, or hospitalization. Although normal pregnancy and confinement is not to be construed as a reason for sick leave, pregnancy related illnesses or pregnancy related illness hospitalization shall be treated as any other illness or confinement.
F. A former full-time employee who is reappointed to CITY service shall not be entitled to have restored to his/her credit any sick leave balance remaining at the time of his/her separation from CITY service.
G. Up to forty-eight (48) hours of sick leave may be used per calendar year to care for members of the employee's immediate family who are ill or injured. Immediate family means:
• Father
• Mother
• Father in-law
• Mother in-law
• Stepparent where there is a child rearing relationship • Grandparent
• Brother
• Sister
• Brother in-law
• Sister in-law
• Spouse
• Domestic partner
• Child
• Employee is a parent in a child rearing relationship
• Stepchild where there is a child rearing relationship • Grandchild
H. Any employee requesting sick leave shall furnish a certificate issued by a licensed physician, or other satisfactory proof of eligibility for sick leave, upon the request of the Department Head.
Further, any earned sick day taken on either side of a holiday, or for more than three (3) consecutive days, will require a medical certificate in support thereof, and employee shall supply such certificate upon return to work, unless, at the discretion of the Department Head, such certificate is waived prior to the employee's return to work.
CPFA 2023 Page 11
Item #6.1.
I. Upon retirement, CITY will buy back any remaining unused days at the following rate: all such accumulated days shall be multiplied by twenty-five percent (25%) of the employee's then existing daily wage rate.
J. CITY will provide sickness and disability insurance for each full-time employee covered by this MOU, enabling those employees who qualify to receive payments of up to One Thousand Dollars ($1,000) per week for a period of up to one hundred eighty days (180).
K. No employee shall feign illness or injury for the purpose of remaining away from scheduled duty assignments. Should such feigning of illness or injury occur, disciplinary action would be taken, up to and including dismissal from CITY employment.
Article 10. Vacation Leave
A. Regular full-time employees shall accumulate vacation over 26 payroll periods as follows:
Pa~ Period Annual Cap
Year 1 through Year 3 4.31 hrs 112 hrs 336 hrs
Beginning Year 4 through Year 7 5.38 hrs 140 hrs 420 hrs 7 Complete Years and thereafter 8.62 hrs 224 hrs 672 hrs No vacation shall accumulate until completion of probationary period. At the successful completion of the probationary period, a regular full-time employee's vacation balance shall be credited with 112 hours of vacation credit.
Employees shall not earn vacation once their accrued vacation balance has reached three (3) times their annual maximum vacation accumulation.
Employees who have exceeded the maximum shall again begin to earn vacation when their balance is reduced below their maximum.
B. Vacation Sell Back (effective January 1,2019) Prior to the beginning of next calendar year and at the City Manager's discretion, an employee wishing to cash out vacation accruals may make such a request before the end of the current calendar year. The election is irrevocable. Payment will be made upon the employee's request, before December 31 of the next calendar year, but no sooner than at the time the employee has accrued the number of vacation hours requested to be cashed out. Vacation cash out is limited to forty (40) hours for employees with one through three years of service, sixty (60) hours for employees with four through six years of service, eighty (80) hours for employees wit h seven through ten years of service, and one hundred (100) hours for employees with eleven or more years of service.
II
II
II
II
CPFA 2023 Page 12
Item #6.1.
Article 11. Holidays
A. The following are CITY recognized Holidays:
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Admission Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
January 1
3rd Monday in January
3rd Monday in February
Last Monday in May
June 19
July 4
1st Monday in September
September 9
November 11
4th Thursday in November
Friday after Thanksgiving
December 24
December 25
B. If an employee does not work on a City recognized holiday, the employee shall receive ten (10) hours straight-time pay or ten (10) hours compensatory time off for each of the recognized CITY holidays. If an employee works on a recognized holiday, the employee shall receive fifteen (15) hours' straight-time pay or fifteen (15) hours compensatory time off in addition to the employee's normal pay for that day. It is the employee's option to receive pay or compensatory time off.
C. The fire captain/engineers/firefighters and the City have agreed to average the one hundred and twenty (130) hours of holiday pay over the 24 pay periods.
Article 12. Compensatory Time Off
Employees eligible for overtime pay may elect or receive compensatory time off (CTO) at time and onehalf (1-1/2) in lieu of overtime pay. Employees may accrue and have a maximum current credit of eighty {80) hours of CTO. Sworn employees may accrue CTO on a fiscal year basis. CTO must be used by t he Employee by the end of the fiscal year; otherwise, Employee will receive overtime pay in lieu of CTO.
Article 13. Unauthorized (Unpaid) Leave
A. An Employee may be granted up to thirty {30) days of unpaid leave of absence at the sole discretion of the City. Unpaid leave shall be granted only for compelling reasons if operational requirements permit such absence. Leave without pay shall not be granted unless the Employee has already used all appropriate paid leave.
B. An unpaid leave may be extended beyond thirty (30) days with the approval of the department Head or City Manager.
CPFA 2023 Page 13
Item #6.1.
C. Employees who are absent without authorization for three (3) consecutive working days and have not contacted their Supervisor will be assumed to have voluntarily resigned from City employment as of the end of the third day of absence.
Article 14. Wages
Monthly salaries shall be provided for the employee classifications in accordance with the salary schedule in Appendix A.
A. Shift Supervisor Designation
The Fire Engineers work a 2x4 (two on and four off) 56 hour schedule and it may be necessary for Fire Engineers to work out of class as a shift supervisor when the Fire Chief is on vacation, emergency calls such as, multi-vehicle accidents, structure fires, vegetation fires, Haz Mat incidents or complex incidents as determined by the Fire Chief that the Fire Chief is not available to manage the incident. If the Fire Engineers are required to perform as a shift supervisor during any of these incidents or while the Fire Chief is on vacation they shall receive a 5% out of class differential to their pay rate for the actual time spent during the incident or Fire Chief vacation.
This time shall be recorded on the Fire Engineer's time sheet and designated as Shift Supervisor on the submitted time sheet. This designation and hours worked in this capacity shall be verified by the Fire Chief.
B. Cal OES Fire Engineer/Firefighter Strike Team Reimbursement In the event that a full-time Fire Captain/Engineer/Firefighter is dispatched from the city to serve as a strike team member in or out of the State of California reimbursement for time served on the strike team shall be paid as follows:
1. The Captain/Engineer/Firefighter strike team reimbursements shall commence upon leaving the Calistoga Fire Station and conclude when all department equipment is returned back into service to the Calistoga Fire Station.
2. The Captains/Engineers/ Firefighters performing strike team work during the employees regular work shift shall be compensated at their regular hourly rate of pay for all hours worked. Employees performing strike team work outside of the employees regular shift shall be compensated at time and one-half (1-1/2) of their regular hourly rate of pay for all hours committed to the incident.
Article 15. Call Back
Should the City call back any full-time employee on stand-by, after his/her normal working hours to perform work, the City shall pay the employee time and one-half (1-1/2) for all hours actually worked, CPFA 2023 Page 14
Item #6.1.
but in no event shall the employee receive less that a minimum of two (2) hours at time and one-half pay regardless of time actually worked as a result of being called back to perform services for the City.
Article 16. Standby
Should the City call back any ful l-time employee on stand-by, after his normal working hours to perform work, the City shall pay the employee time and one-half (11/2) for all hours actually worked, but in no event shall employee receive less than a minimum of two (2) hours' time and one-half regardless of time actually worked as a result of being called back to perform services for City.
Article 17. Differential and Bilingual Pay
The City may require from time-to-time, the services of employees who are bilingual to provide translation for non-English speaking citizens. The Fire Chief will establish the requirements, standards, any testing procedures and documentation necessary to determine the competency necessary to qualify for bilingual pay.
Employees who are determined by the Fire Chief to be designated department translators will receive a
1.0% salary incentive for intermediate skills and 5% for fluent competency of such services. The language designated for bilingual pay shall be Spanish. Additional languages may be added to the provisions of this section based on City needs.
Article 18. Medical Benefits
A. Regular or probationary full-time employees are members of the Public Employees Medical and Hospital Care Act ("PERS Health") insurance program. The City's monthly contribution to provide health insurance benefits for the individual employee and the employee's eligible dependents shall be the minimum payment required by the Public Employees Medical and Hospital Care Act.
CPFA 2023
1. Effective July 1, 2011, the City shall contribute the below-listed amount per month toward each employee's premium:
a.
b.
c.
100% of the Dental Plan monthly premium amount, less the 10% employee contribution, paid through a payroll deduction.
100% of the Medical Plan monthly premium amount as provided by Cal PERS, less the 10% employee contribution, paid through a payroll deduction 100% of the Vision Plan (effective March 1, 2022) monthly premium amount, less the 10% employee contribution, paid through a payroll deduction.
Mandatory for all employees and is effective March 1, 2022.
Item #6.1.
An employee may use any and all contributions to a Section 125 Plan toward the cost of employer-provided PERS Medical health insurance and Dental insurance for the employee and eligible dependents. An employee may not use funds for other reasons.
B. Share the Savings Program
The City shall provide four hundred dollars ($400.00) per month to any employee who meets the following criteria:
1. Declines the City sponsored Medical Coverage and
2. Provides the City with acceptable evidence of Medical Insurance from an alternate provider.
C. Affordable Care Act
At such time as regulations are issued implementing the Affordable Care Act ("ACA"), the City and the CPFA will meet to discuss the impact, if any, of such regulations on any benefit plans offered by the City. If modifications to the benefits, eligibility for coverage, employer or employee contribution to the cost of insurance or any other provisions of the benefits plans covered by this MOU will be modified by the ACA during the term of this agreement, it is agreed that the City and the CPFA will reopen the contract to meet and confer and determine how such mandated changes will be implemented.
Article 19. Dental and Vision Insurance
A. The CITY shall provide dental and vision coverage for employees and qualified dependents, the premium to be paid in accordance with Article 18 during the term of this Agreement.
B. The CITY reserves the right to select, change, administer or fund any insurance that now exists or may exist in the future, during the term of this Agreement.
C. The CITY shall advise ASSOCIATION prior to any change of insurance carrier or method of funding coverage for any benefits for employees as required by State law.
Article 20. Life Insurance
The CITY shall provide life insurance and accidental death and dismemberment coverage for each employee covered by the MOU in the amount of at least $50,000, or one year's base salary, whichever is greater, to include a double indemnity provision.
Article 21. Bereavement Leave
A. In the event of a death in the immediate family of an employee, the employee shall, on request, be granted time off with pay as necessary to make arrangements for the funeral and attend same, not to exceed three work days. Such bereavement leave shall not be deducted from any CPFA 2023 Page 16
Item #6.1.
accrued leaves including vacation, compensatory time off and sick leave. The employee may use five (5) days of sick leave (if available; otherwise vacation if available then compensatory time off) in addition to bereavement leave, consistent with the time limitations for sick leave in the event of the death of an immediate family member.
B. For purposes of this provision, the immediate family shall mean:
• Father
• Mother
• Father in-law
• Mother in-law
• Stepparent where there is a child rearing relationship • Grandparent
• Brother
• Sister
• Brother in-law
• Sister in-law
• Spouse
• Domestic partner
• Child
• Child where the employee is a parent in a child rearing relationship • Stepchild where there is a child rearing relationship • Grandchild
C. The Employee may be required to submit proof of the relative's death before the final approval of leave with pay is granted.
Article 22. Medical Examination
Each calendar year the City will reimburse an employee for out-of-pocket costs of an annual physical examination and/or cancer screening up to an aggregate of two hundred fifty dollars {$250).
Article 23. Service Longevity Pay
A. Effective upon the adoption of the MOU the CITY shall provide a lump sum Service Bonus in the following manner:
CPFA 2023
1. On the completion of five (5) years of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a onetime lump sum Service Longevity Pay equivalent to 1.5% of the employee's annual base salary.
2. On the completion of ten (10) years of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a onetime lump sum Service Longevity Pay equivalent to 2.0% of the employee's annual base salary.
Item #6.1.
3. On the completion of fifteen (15) years of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a onetime lump sum Service Longevity Pay equivalent to 2.0% of the employee's annual base salary.
4. On the completion of twenty (20) years of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a onetime lump sum Service Longevity Pay equivalent to 2.5% of the employee's annual base salary.
5. On the completion of twenty-five {25) years of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a onetime lump sum Service Longevity Pay equivalent to 2.5% of the employee's annual base salary.
6. After the twenty-fifth (25th) year of service with the City, and upon completion of each fifth year of continuous service from the initial anniversary date with the City, the City shall provide the employee with a one-time lump sum Service Longevity Pay equivalent to 2.5% of the employee's annual base salary.
B. Continuous service is defined as full-time years from the anniversary date of initial hire of the employee.
Article 24. Educational Pay
An employee who possesses an Associate's or a Bachelor's degree in fire science, fire technology, or firerelated program receives two and one-half percent (2.5%) educational pay based on the employee's base wages.
The parties agree to a single-topic reopener of this 2022-2025 collective bargaining agreement for the purpose of meeting and conferring on Educational Pay, with the reopener to commence in July 2023.
Article 25. Retirement
A.
II
II
II
II
CPFA 2023
Employees Hired Before May 1, 2012
For employees hired before May 1, 2012 only, the CITY shall provide employees with retirement coverage through the Public Employees' Retirement System (PERS) including the following:
1. Government Code Section 20965, Sick Leave Service Credit, and
2. Government Code Section 21354.4 3%@ 55 Full and Modified Formula.
Item #6.1.
B.
C.
D.
E.
Employees Hired On Or After May 1, 2012 And Before January 1, 2013, Or Employees Who Qualify For Pension Reciprocity
For employees hired on or after May 1, 2012 and before January 1, 2013, as well as for employees who qualify for pension reciprocity pursuant to Government Code Section 7522.02 (c) and any related reciprocity requirements established by PERS, the City shall provide retirement coverage through the PERS retirement formula under Government Code Section 21369 (2% @ 55) for safety employees and Government Code Section 21353 (2% @ 60) for NonSafety employees. The formula shal l be based upon a 3 year average salary. The City also shall provide credit for unused sick leave pursuant to Government Code Section 20965.
Employees Hired On Or After January 1, 2013
For employees hired on or after January 1, 2013 who do not qualify for pension reciprocity pursuant to Government Code Section 7522.02 (c), the City shall provide retirement coverage through the PERS retirement formula under Government Code Section 7522.25 (2.0%@ 57) for Safety employees and Government Code section 7522.20 {2% @ 62) for Non-Safety employees.
This formula shall be based upon a 3 year average salary. The City also shall provide credit for unused sick leave pursuant to Government Code Section 20965.
Employee Contributions
All employees shall pay the full employees' share of Public Employees' Retirement employee contribution as determined by PERS; the City shall not pick up any portion of the required employee contribution.
401 (a) Money Purchase Plan - City Contribution to Regular Full-Time PEPRA and Regular FullTime Classic Tier II Sworn Safety Employees Effective July 1, 2021, the City shall make a five percent (5%) of pre-tax base salary contribution to each regular full-time and regular part-time PEPRA and regular full-time and regular part-time Classic Tier II sworn safety employee's Calistoga 401(a) Money Purchase Plan account, up to the annual limit under IRC §415(c), which is equal to the lesser of (i) one hundred percent {100%) of each regular full-time and regular part-time PEPRA and regular full-time and regular part-time Classic Tier II safety employee's IRC §415 compensation or (ii) the dollar limit in effect for the year. The dollar limit for 2021 is $58,000 and $61,000 for 2022). These contribution limits may adjust annually.
1. These contribution limits are inclusive of the contributions of City, which also includes any contributions of City or employee to any other 401{a) accounts the regular fulltime and regular part-time PEPRA and regular full-time and regular part-time Classic Tier II sworn safety employee holds with City or other entities related to the City that meet the controlled group rules under IRC §414{b), the common control rules under IRC §414(c), or the affiliated service group rules under IRC §414(m) as set forth in the Internal Revenue Code.
CPFA 2023 Page 19
Item #6.1.
2. The City's pre-tax contribution to each regular full-time or regular part-time PEPRA and regular full-time and regular part-time Classic Tier II sworn safety employee's Calistoga 401(a) Money Purchase Plan account will be retroactive to July 1, 2021.
3. No interest will be paid on the retroactive pre-tax contribution.
4. Because the City contribution is derived from base salary, the City's dollar contribution to each regular full-time or regular part-time PEPRA and regular full-time and regular part-time Classic Tier II sworn safety employee's Calistoga 401(a) Money Purchase Plan account shall increase with any increase to the regular full-time or regular parttime PEPRA and regular full-time and regular part-time Classic Tier II sworn safety employee's base salary, subject to the contribution limits set forth above.
5. In no event will the City contribution exceed 5% of the full-time or regular part-time PEPRA or regular full-time and regular part-time Classic Tier II sworn safety employee's pre-tax base salary.
6. No employee contribution will be permitted to the employee's Calistoga 401(a) Money Purchase Plan account.
F. Provision
The retirement provision of the MOU shall be construed and enforced to the extent permitted bylaw.
Article 26. Uniforms
A. The CITY shall provide and maintain all uniforms prescribed by law or specified by the Fire Chief for the performance of the services, functions, and duties assigned on an annual basis.
B. Uniform.
CPFA 2023
1. All full-time Fire Captains/Engineers/ Firefighters shall be issued, at the City's expense, the following items
a.
b.
C.
d.
e.
f.
g.
h.
5 Tops Nomex shirts with white buttons, badge tab on the left side and Nomex labels removed, including CFD shoulder patches
5 pair Topps Nomex Pants (
Dutyman basket weave belt
1 Lion brand duty jacket with removable liner including CFD shoulder patches
1 pair 8" black leather Red Wing safety boots
1 Fire Department issued badge
1 name tag
Item #6.1.
2. The City shall provide all personal protective equipment (P.P.E.) as required by C.C.R. regulations. This includes all equipment specific to wild land firefighting, structural firefighting and EMS responses.
C. Uniform Cleaning and Replacement
The City will establish accounts at local cleaners and uniform supply stores for Fire Employees.
The City will bear all costs of cleaning uniforms. The City will bear all reasonable repair and replacement costs of uniforms subject to authorization by the Fire Chief.
Article 27. Equipment
The City shall furnish and maintain all safety equipment prescribed by law and/or specified by the Fire Chief for the performance of services, functions, and duties assigned.
The City shall provide (respirator) fit testing for all Captains, Engineers and Firefighters, annually.
Article 28. Alcohol and Controlled Substance Abuse
Employees are subject to Drug Testing in accordance with Section 3.08 Alcohol and Controlled Substance Abuse of the City of Calistoga Personnel Rules and Regulations Manual and the Department of Transportation Rules and Regulations.
Article 29. Personnel Rules and Regulations
The Articles of this Agreement may also be covered in the CITY Personnel Rules and Regulations. If there is a conflict between the two, the provisions of this Agreement shall prevail over the Personnel Rules and Regulations.
Any specific reference of/to a section of the City's Personnel Rules and Regulations in this MOU is subject to review under the City of Calistoga Grievance Procedure.
Article 30. Provisions of Law
If any provision of the application or any provision of this MOU as implemented should be rendered or declared invalid by any final court action or decree, or by reason of any preemptive legislation, the remaining sections of this MOU shall remain in full force and effect for the duration of said MOU.
Article 31. Work Schedule
The Fire Captain/Engineers/Firefighters work a traditional fire captain/engineer/firefighter work schedule known as the 48/96 schedule. There will be three (3) platoons known as A, B & C shifts. Each shift will work forty-eight (48} hours on duty with the next ninety-six (96} hours off duty. (Example AABBCC) "Shift" means twenty-four (24) hours and "tour" means forty-eight (48) hours.
CPFA 2023 Page 21
Item #6.1.
A tour of duty will commence at 0800 hours and terminate forty-eight (48) hours later at 0800. A tour of duty will consist of two (2) twenty-four (24) hour continuous shifts.
A three (3) platoon shift schedule shall be employed using the 7(k) criteria under the Fair Labor Standards Act (FLSA).
"Workweek" means a workweek that repeats and recurs on a multiple of between 7 and 28 days (7(k) exemption under the FLSA applies).
It is understood by all parties that the fire engineers/firefighters can be ordered back on duty or mandated back to work in the case of an emergency or the vacancy of another fire engineer/firefighter.
The qualifications for the part time fire engineers/firefighters shall be those set and approved by the Fire Chief.
Article 32. Successor MOU
The parties agree to begin successor MOU negotiations one hundred fifty (150) to one hundred eighty (180) days prior to the expiration of the current MOU.
Article 33. Term
This Memorandum of Understanding shall be in effect the later of January 1, 2023 or on the date it is adopted by the City Council, except those provisions of this Memorandum of Understanding which have been assigned other effective dates and shall remain in full force and effect up to and including December 31, 2025.
Executed this _______ 2022
CITY OF CALISTOGA
Laura Snideman
City Manager
CPFA 2023
CALISTOGA FIRE FIGHTERS' ASSOCIATION
Jason Tamagni
President
Richard Reed
Labor Consultant
Item #6.1.
A:rtkle 3:1, Wor.kSrbeduJr:
The Fire CnptainEnginee:rs :Firefighters wo_rk a trnd:itfottnl fin.· cnptai11 engineer firefi€,hter -wnrk schedule k1mwn flS the 4.8 96 sc'heclule. There \\jiJ be lhret l~) plntoo1ts knuwn as A, B & C s}1His.
Each shin will '\\.otk for-ty-eiglil (.:rs1 homrs on duty w1th .the m.·xt ninery·-si:-: 1 %) hour_ off duty. JE:xample AABBCO '"Shi:ft'· means twenly•four 12:J J hours m.id ··tour"' mea11s forty-eig.bt {4.8) hours.
A tour -of dnt)' \\,ill c--ommem:e n1 m.:oo hours and terminate for1y- •eigh1 !4'8 l hours lute.r al 0.800. A to:nr,of duty will-consist of,two {2) J·wem-y~four C:'.?4'\ hour ·conhntmus shifts ..
A three {~') p.latcion S:hift :;c:heuule shalJ be emplop:-d u:sin_g the 7fk l criteria undei· the Fair Labor .Stai1dards A-cl fFLSA). "Work" eek"' me:uns a ,,·otkweek that rep.er.ts m1d :rec11Js on a multi;p1-e ofbetw~en 7 and 2.:i: days {1{k) exemption under ·the ELSA appliesl
It :is m1de.rstood by all parties !]rnl the fire engineer-" firefighters can be nrdered bnck on duty or munclnied bm::k lei ,work an fhe ,case of an emergency or lfa: , m::ancy of another fire ·1::n-g:ineer ifir.efig)1ter.
The ,qunlifkt1ticins for .the part fane fire engineers firefighters -shall he those set and appro, ed by the Fire C'hjef.
Article 3l. Sm.·t·essor· MOl~
The parties agree to begin sL1ccessor :\10U negotiations one hundred fifty ! 1.50') 10 one hundred eig11ty ( 180) <lays prior to 1J1e expiration of tbe crtrre111 MO . .
This Memornndtnn of Un:der.slanc1 ing shal l be in r.:ffec;,t the la1er ·o'.f Jauua1-y l. :W.'.!3 or cm fbe date it is adopted by the City Cm:mdl. ,ex-cepl l'bclse ptovi·sions of this \\'fomorandutn ofUnder.s1a1;din:g ·w:hich h~n e been assign.:d other effec1i,-e dates and .shall remain in f·ulJ forc-~ -and .:ffocl up to and .im:lmling Decemb~-:r 3] . ::W25 ..
Execul•ed IJl:is ________ )([!1
CITY OF CALISTOGA
ASSOCIATION
CALJSTOGA FlR1E fJGHTERY
Laura S·nideman Ja:.,;;cm T:m1ng:ni
City Manager President'
Rkh:ml R't.'ed '
Labor Consuh:1111
APPENDIX. A
Item #6.1.
APPENDIX A
1. The present monthly pay rate for represented classifications are:
Classification
Fire Captain
Fire Engineer
Firefighter
Monthly-1
$8,053
7,303
6,624
Monthly-2
$8,455
7,668
6,956
Monthly-3
$8,878
8,052
7,303
Monthly-4
$9,322
8,454
7,668
Monthly-5
$9,788
8,877
8,052
2. Effective the later of the beginning of the first full pay period following the City Council's adoption of the collective bargaining agreement or January 1, 2023, the base wages set forth in this Appendix A, paragraph 1, above, will be increased by six percent {6%).
3. Effective the beginning of the pay period which includes January 1, 2024, the base wages set forth in this Appendix A, paragraph 2, above, will be increased by the San FranciscoOakland-Hayward Consumer Price Index, all urban consumers (CPI-U) for the October 2023 twelve-month increase with such wage increase to be a minimum of two percent {2%) and a maximum of five percent {5%).
4. Effective the beginning of the pay period wich includes January 1, 2025, the base wages set forth in this Appendix A, paragraph 3, above, will be increased by the San FranciscoOakland-Hayward Consumer Price Index, all urban consumers {CPI-U) for the October 2024 twelve-month increase with such wage increase to be a minimum of two percent {2%) and a maximum of five percent (5%).
FLSA
Non-Exempt
Non-Exempt
Non-Exempt
5. Monthly Salary above are based on 2,763 straight time hours and 157 Overtime hours per year for a total of 2,920 hours.
CPFA 2023 Page 23
Item #6.1.
SIDE LETTER OF AGREEMENT
To the M~morandum of Understanding
8t!tween the Oty of canstoga and the CaHstop Professional Firefighters' Association Regardlnt Biweekly Pay Periods
This will confirm -an understanding reached between the City of Calistoga (hereinafter referred to as the "Citv") and the Calistoga Professional Flreflghters' Association (hereinafter to as the "ASSOCIATION"). Collectiv@IV, CITY and ASSOCIATION are hereinafter referred to as "the parties." WHEREAS, employees are presently paid bimonthly (twice monthly) with the first pay period of the fir.st of the month through the fifteenth (employees paid on approximately the fifteenth) and the second pay period from the sixteenth through the end of the month (employees paid on approximately the last day of the month}; and
WHEREAS, every pay period employees need to estimate the hours worked from the due date of timesheets (typically four days ptfot to the end of the pay period) and such estimations may be inaccurate due to additional hours worked or the use of paid tlm~ off (e.g., using vacation, sick leave, compensatory time off); and
WHEREAS, the CITY wishes to pay employees on a biweekly (every other week) basis; .subjei::t to the agreement between ali of the City's represented amployee associat1ons.
Now, therefore, the partles agree as follows, effective October 1, 2023:
• Timesheets and paychecks will be on a biweekly basis and no longer on bimonthly basis. • Employees shall be paid on the Friday following the close of the pay period (i.e,; first paycheck will be October 20, 2023 and then every two weeks thereafter). • ihe work period for fire safety employees is defined as the Fl.SA fire safety 7k exemption of one hundred six (106) hours in fourteen (14) days.
• ilie annual leave accruals (e.g., s1ck leav~, vacation) will be maintained at the same annual amounts and will be recalculated from based on 24 bimonthly accruals to based on 26 biweekly accruals.
• As a transition from bimonthly to biweekly paychecks, an employee may borrow one thousand five hundred dollars ($1,500.00) payable through the Citts accounts payable process, with employee repayment of fNe hundred dollars ($500) as a payroll deduction taken over the second paycheck in October 2023, ihe fist paycheck in November 2023, and the second paycheck in November 2023. An employee who participates with this transition loan shall sign a promissory note which shall include repayment from the employee's accrued leave payouts should the employee separate from CITY employment prior to full repayment of the transition loan,
CPFAiciE
Item #6.1.
• 'Die City may elect to not implement this Side Letter Agreement I all three of the CITY' s bargaining units have not agreed ta die change of biweekly timesheets and paychecks.
For the an'
Laura Snide man, City Manager
CPfA.2023
For the ASSOCIATION
~ . ~ r_~ . 1-i/1t1/--z-z...
Jason Tamagni, CPFA President
Q~ ~ <lt,J l'th-.\"'-
Richard Reed
Labor Consultant
(h~"' '\,\~<. ,at,\
?age 2S
Item #6.1.
SIDE LmER OF AGREEMENT
To the Memorandum of Understanding
Between the City of Calistoga and the Calistoga ProfesSional Firefighters' Association Regarding lump Sum Payment for Early Settlt?ment
This wilt confirm an understanding reached between the City of talistoga {hereinafter referred to as the "CilY"} and the Calistoga Professional Firefighters' Association {hereinafter to as the "ASSOCIAflON"). Collectively, CITY and ASSOCIATION are hereinafter referred to as "the parties." To entourage the early settlement of the successor c;ollective bar:ga,ning agreement, upon the City's receipt of the signed, ratified Memorandum of Understanding, employees as of December 1, 2022 shall rece'ive the following lump sum payment within three pay periods following the CllY'.s said receipt.
• If the ASSOCIATION returns the signed, ratified Memorandum of -Understanding to the Director of Administrative Services on or befo.re noon of Dec~rnber 1~, 2022, then the employees shall receive a lump sum payment of one thousand dollars ($1,000). • If the ASSOCIATION returns the signed, ratified Memorandum of Understanding to the Director of Administrative Services after noon of December 16, 2022 but on or before Dec~mber 30, 202.2, then employees shall rece.ive a lump sum payment of six hundred dollars ($600). • If the ASSOCIATION returns the signed, ratified Memorandum of lJJ'lderstanding to the Director of Administrative Services after December 30, 202i but on or before January ii\ 2023, then employees shall receive a lump sum payment of three hundred dollars {$300). • If the ASSOCIATION returns the signed; ratified Memorandum of Understanding to the Director of Administrative Services after January 17, 20i3, then there shall be no supplementai payment to the employees under this Side Letter Agreement.
• It is the parties intent that there shall be only one (1} lump sum payment dependent on the soonest date the signed, ratified Memorandum of Understanding is returned to the Director of Administrative Sel'\rices .
., The parties intend that the lump sum payment is not subject to CalPERS reporting cf benefits. • A part-time employee shall receive a pro-.tata amount based on the employee's full-time equivalence, Temporary employees do not qualify for any Jump sum payment.
For the CITY
Laura Snideman; City Manager
CPFA20Z3
For the ASSOCIATiON
\\~ ~- <\"-"l "~btJ "'""
Richard Reed
Labor Consultant
~,~ ... ~\~~-. .,\,\
Page26
Item #6.1.
SfOE LETTER OF AGREfMENi
To the Memorandum of Understanding
Between the City tJf ralistoga and the Calistog:i Professional Firefighters' Association Regardll'I! Joint Labor-Maflagement Committee
This will confirm an understanding reached between the City of Calistoga (hereinafter referred to as the "'CITV"J and the Ca1istoga Professional Firefighters' Association (hereinafter t-0 as the 0ASSOCIATION,,). Collectively, CITY and ASSOCIATION are hereinafter referred to as "the parties."
The parties agree to form a joint labor-management committee within OM (i) month foHowing adoption of the suee~ssor coAective bargaining agteement, and m~t starting within thirty {30) days tonowing formation,
Membership of the Job labor-management committee will be the fire Chief (who wm serve as Committee Co-chair), one person designated by the Fire Chief, and two repr-esentatives oftbe ASSOCIATION (of whom one will serve as Committee Co<hair).
The Committee has the defined purpose to review the tire t>epartment pmtocois on overtime •gnments (e.g., mandated overtime, vo.lunteers,; eligibility for overtime., etc.) and to make recommendations for any proposed departmental policy and/ot operational changes which ate within the Fire Chiefs authority to implement
fortheCllY
laura Snldeman~ City Manager
·CPFA2023
for the ASSOCIATIO.N
4<::-
~
. .-.-- I l~ --' ·z... '~t i:zJason Tar:nagnl,CPAPtesident Q~~"{l.~ ,~, .. ,~
Richard Reed
Labor Consultant
~~~ '- &\!i.l.'l)t~-a '( tS
Page27
Item #6.1.
Memorandum of Understanding
Between
City of Calistoga
And
Calistoga Police Officers Association
January 1, 2023 - December 31, 2025
2023 MOU City of Calistoga/CPOA
Item #6.1.
Calistoga Police Officers Association
Memorandum of Understanding
January 1, 2023 - December 31, 2025
Table of Contents Page
1 City Rights ....... .. ........ ........... ....................... ............................... ....................... ... ..................... ....... 3 2 Employee Rights .................................................................................................. ............................ 4 3 Recognition ................................................................................................................................... ... 4 4 Access of Facilities ........................................................................................................................... 4 5 Dues ............. .......... ............................. .................... .................................................................. ....... 5 6 No Discrimination .................................................... ........................................................................ 5 7 Term ..................................................................................................... ..................... ....................... 6 8 Grievance Procedure .................... ....................................... .......................... .. ................................ 6 9 Probationary Period ............................. .. .......................................................................................... 8 10 Sick Leave ......................................................................................................................................... 8 11 Family and Medical Leave ................................ ................................................... ........................ .... 8 12 Vacation Leave ................................................... .............................................................................. 8 13 Holidays .......................................................................... ................................................................. 9 14 Salary on Reduction Promotion ................. ....................................................... .................... .. ....... 10 15 Wages and Benefits ........................ ...................................................... ............ ... .......................... 10 16 Uniforms and Equipment .............................................................................................................. 11 17 Field Training Officers ... ................................................... ......... ......... .................. ........................ .. 12 18 Assignment Pay ..................................................................................................... ......................... 12 19 Retirement ..................................................................................................................................... 12 20 Work Schedule ............................................................................................................................... 14 21 Overtime ....................................... ..................................... ............................................... ............. 14 22 Special Compensation ....... ... ...................................................................................... ................... 15 23 Definitions ...................................................................................................................................... 16 24 Differential Pay and Bilingual Pay .. ................................................................................................ 16 25 Police Corporal .............. .... .... ................ .......... ........... ........ ............................................................ 17 26 Educational Incentive .................................................................................................................... 18 27 Life Insurance ................................................................................................................................. 18 28 Longevity Pay ................................................................................................................................. 19 29 Military Leave .. ................................................. ...... ....................................................................... 20 30 Medical Examinations .................................................................................................................... 20 31 Provisions of Law ......................................................................... ................................................. . 20 32 No Strike ........................................................................................................................................ 20 33 Layoff ......... .................................................................................................................................... 20 34 Personnel Rules and Regulations .............................. ...... ............. ................................................. 20 35 Successor MOU .............................. ........................ ........................... ............................................. 21 36 Unauthorized Leave ....................................................................................................................... 21 37 Full Understanding, Modificaitons and Waiver ...................................................... ....................... 21 Appendix A - Salary Schedule ................................................. ...................................................... 23 Side Letter of Agreement re: Biweekly Pay ................................................................................... 24 Side Letter of Agreement re: Lump Sum Payment for Early Settlement.. ................. ............ ........ 26 Side Letter of Agreement re: Joint Labor-Management Committee ............................................ 27 CPOA 2023 MOU Page 2
Item #6.1.
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CALISTOGA
AND
CALISTOGA POLICE OFFICERS ASSOCIATION
This Memorandum of Understanding {MOU) is made and entered into between the CITY OF CALISTOGA, hereinafter referred to as CITY and CALISTOGA POLICE OFFICERS ASSOCIATION, hereinafter referred to as ASSOCIATION, a formally recognized employee organization pursuant to the provision of the Meyers-Milias-Brown Act (Government Code Section 3500 et seq.).
The parties agree that this Memorandum of Understanding shall be submitted to the City Council of the City of Calistoga with the joint recommendation of the designated representatives of the parties that the City Council resolve to adopt its terms and conditions and take such other and additional action as may be necessary to implement its provisions.
CITY agrees to meet and confer in good fa ith regarding wages, hours, and other terms and conditions of employment with ASSOCIATION, and shall consider fully such presentations as are made by ASSOCIATION on behalf of its members prior to arriving at a determination of policy or course of action.
The parties have met and conferred in good fa ith through their designated representatives concerning those matters set forth in Government Code Section 3504 and have reached an agreement thereon as set forth below.
The parties agree as follows :
Article 1 - City Rights
A. Except as limited by the specific and express terms of the Agreement, CITY hereby retains and reserves unto itself all rights, powers authority, duty and responsibilities confirmed on and vested in it by the laws and the Constitution of the State of California, the Municipal Code of the City of Calistoga, and/or the laws and Constitute of the United States of America.
B. Regardless of any provision contained in the MOU or which may be implied from this MOU, CITY shall retain and shall have the right to exercise the following exclusive rights, which include but are not limited to the following:
1. the right to hire and fire;
2. the right to determine the mission of its constituent departments, divisions or commissions, and boards;
3. the right to set standards of service and municipal fees and charges;
4. the right to determine the procedures and standards of selection for employment, assignment, transfer and promotion of appl icants and employees, provided in the case of employees that the exercise of such right shall not infringe on any rights employee has under this MOU;
5. the right to direct its employees;
CPOA 2023 MOU Page 3
Item #6.1.
6. the right to discharge or suspend employees for just cause and take other disciplinary actions against its employees as set forth herein;
7. the right to relieve its employees from duty because of lack of work or other legitimate reasons;
8. the right to maintain the efficiency of governmental operations;
9. the right to determine the methods, means and personnel by which governmental operations are to be conducted;
10. the right to determine and re-determine job content and job classifications;
11. the right to contract out any work which is now being performed by employees of the CITY or which shall be performed in the future by employees of CITY, provided this only occurs in those situations where the tasks cannot be accomplished by current association members as efficiently, economically, and expediently as can be achieved by such contracting out, provided that CITY shall make every reasonable effort to place service requiring similar skills as the work performed by the employee when displaced by the contracting out and which requires minimal training to afford the employee opportunity to adequately perform the new position;
12. the right to take all necessary actions to carry out the mission of the CITY, its constituent departments, divisions, or commissions and boards in cases of emergencies; and
13. the right to exercise complete control and discretion over its organization and the technology of performing its work.
Article 2 - Employee Rights
Employees of the CITY shall have the right to form, join and participate in the activities of the recognized employee organization for the purpose of representation on matters of employeremployee relations including, but not limited to wages, hours, and other terms and conditions of employment. Employees of CITY shall also have the right to refuse to join or participate in the activities of the recognized employee organization.
Article 3 - Recognition
A. CITY recognizes the ASSOCIATION as the exclusive representative on behalf of employees occupying the full-time job classifications of:
Police Officer
Police Sergeant
Public Safety Community Service Officer
Public Safety Dispatcher
Public Safety Dispatch Supervisor
Article 4 - Access of Facilities
A. All ASSOCIATION business will be conducted by employees and ASSOCIATION representatives outside of established working hours, and CITY facilities will not be used for the conduct of ASSOCIATION business, unless permission is granted therefore in writing. Nothing herein shall be construed to prevent an ASSOCIATION CPOA 2023 MOU Page 4
Item #6.1.
representative or an employee from contacting the City Manager or other management representatives regarding personnel related matters during working hours.
B. The authorized ASSOCIATION Business Agent shall be given access to work locations during working hours, provided that prior to visiting any work location the ASSOCIATION representative notifies the CITY.
Article 5 - Dues
Employees may sign up for Payroll Deductions of Association Dues with the ASSOCIATION. The ASSOCIATION will certify changes or new authorizations for dues deductions from members of the ASSOCIATION in an electronic data file to be transmitted to the CITY's Administrative Services Department - payroll unit. If an employee opts for such deduction, it is understood that the dues will be deducted starting from the first day of the pay period following receipt of the certification and shall continue until:
1. The last day of the last pay period following the transfer, promotion, or demotion of the employee to a different bargaining unit; or
2. Until the end of the pay period following notification from the ASSOCIATION to the CITY to cease deduction dues, or a later data as specified by the ASSOCIATION (to coincide with the end of a pay period).
3. The employee's earnings must be sufficient after the other legal and required deductions are made to cover the amount of the dues or fees authorized.
When an employee is in a non-pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an employee who is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other legal and required deductions (including health care deductions) have priority over dues.
4. The ASSOCIATION, in consideration for and as a condition of the CITY withholding and transmitting payroll and benefit deductions authorized by this Section and in compliance with SB 866 shall hold harmless and indemnify the City of Calistoga, its officers, and employees from any liability that may result from making, canceling or changing requested deductions.
Article 6 - No Discrimination
There shall be no discrimination based on race, creed, color, national origin, sex, ancestry, marital status, pregnancy, sexual orientation, or legitimate union activities against any employee or applicant for employment by the ASSOCIATION or by the CITY or by anyone employed by the CITY; to the extent prohibited by applicable State and Federal law, there shall be no discrimination because of age. There shall be no discrimination against any disabled person CPOA 2023 MOU Page 5
Item #6.1.
solely because of such disability, however the disabled person must be able to perform the essential functions established for the classification.
Article 7 - Term
This MOU becomes effective upon ratification by the City Council and shall remain in force and effect from January 1, 2023, through December 31, 2025.
Article 8 - Grievance Procedures
A. Definition of Grievance: A grievance is an alleged violation, misinterpretation or misapplication of a specific provision of this Memorandum of Understanding or City/Department policies or procedures.
B. Statement of Grievance: The statement of grievance shall contain the approximate date of the incident giving rise to the grievance, the specific Memorandum of Understanding Article or City/Department policy or procedure in question, a brief narrative of the facts of the concern and the proposed resolution the grievant is seeking.
C. Timelines:
D.
1. Fa ilure of the City to comply with the time limits of the grievance procedures allows the grievant to appeal to the next level of review.
2. Failure of the grievant to comply with the time limits of the grievance procedures constitutes settlement and resolution of the grievance on the basis of the last disposition.
3. the parties may extend time limits by mutual written agreement in advance of a deadline.
4. Any grievance not timely filed or appealed within specific time limits may be rejected as untimely.
Grievance Procedures:
1. Step 1-Informal Resolution with Supervisor: The employee must first work in good faith to resolve the grievance informally through discussion with his/her immediate supervisor n later than thirty (30) calendar days after the grievant first became aware of the facts or circumstances resulting in the filing of the grievance.
2. Step 2 - Chief of Police: If the employee believes that the grievance has not been resolved in Step 1 (Informal Resolution with Supervisor), the employee may submit a written Statement of Grievance to the Chief of Police. The employee must submit the Statement of Grievance within thirty (30) calendar days after the grievant and his/her Supervisor were unable to resolve the grievance. The Chief of Police shall consider, discuss the grievance with the grievant (and his/her representative, if any) and/or investigate as the Chief of Police deems appropriate, and shall, within twenty-one (21) calendar days of CPOA 2023 MOU Page 6
Item #6.1.
the written Statement of Grievance, submit his/her decision in writing to the grievant.
3. Step 3 - Personnel Officer or Designee: If the employee believes that the grievance has not been resolved through Step 2 (Chief of Police), the employee may appeal the grievance decision of the Chief of Police to the Personnel Officer. Such appeal must be filed within fourteen (14) calendar dates of the date of the Chief of Police's written decision. The Personnel Officer/designee shall consider, discuss the grievance with the grievant (and his/her representative, if any) and/or investigate as the Personnel Officer/designee deems appropriate, and shall, within twenty-one (21) calendar days of receipt of the written Statement of Grievance, submit his/her decision in writing to the grievant.
4. Step 4 -Advisory Arbitration: If the employee believes that the grievance has not been resolved through Step 3 (Personnel Officer or Designee), the employee may appeal the grievance decision of the Personnel Officer/Designee to a hearing before a third party, neutral arbitrator. Such appeal shall be concurrently filed by the grievant to the City's City Manager and the Association's President.
CPOA 2023 MOU
Within fourteen (14) calendar days following receipt of the appeal to Advisory Arbitration, either the City Manager/designee or Association President/designee shall request a list of seven (7) arbitrators to be supplied by the State of California Mediation and Conciliation Service. The City Manager/designee or Association President/designee may mutually select one (1) arbitrator from the said supplied list or shall select one from the list by, after a toss of a coin (with the winner of the coin toss to decide which party shall move first), alternately striking names until one name remains. That person remaining shall serve as the arbitrator.
The fees of the arbitrator and of a court reporter, if any, shall be shared equally by the City and the grievant. Each party shall be responsible for its own costs, including the costs of their advocates.
A hearing before the arbitrator shall be held within sixty (60) calendar days of the selection of the arbitrator, unless the selected arbitrator's schedule does not so permit. If the selected arbitrator's schedule does not so permit, either the parties shall mutually agree to extend the date of the hearing or, absent such mutual agreement, the selected arbitrator shall be the individually last struck before the arbitrator who is not timely avai lable. This process shall continue until either a) the arbitrator is available to hold the hearing timely; or b) the parties mutually agree to a time extension; or c) none of the seven arbitrators are timely available and, if so, then the first arbitrator (i.e., the arbitrator whose name was not stricken from the listing of seven and thus contacted first) shall be the arbitrator (and notwithstanding the arbitrator's inability to hold the hearing within sixty calendar days).
Item #6.1.
The arbitrator's recommended decision shall be concurrently filed with the City Manager/designee, Association President/designee and the grievant.
5. Step 5 - Following the Grievance Hearing: The City Manager shall have thirty (30) calendar days following receipt to accept or reject the arbitrator's recommended decision. If the City Manager does not act within the thirty (30) calendar days then the arbitrator's recommended decision is deemed adopted.
In the event the City Manager rejects the arbitrator's recommended decision, then the decision of the City Manager shall be final and the City shall pay one hundred percent (100%) of the fees of the arbitrator and court reporter (i.e., fees of the arbitrator and court reporter are no longer equally shared between the City and the grievant).
Article 9 - Probationary Period
A. The probationary period is part of the examination process. It is a work test period during which the employee's performance and conduct on the job are evaluated to determine whether or not the employee is fully qualified for permanent appointment.
B. During the probationary period, a probationer may be released, or demoted if permanent status is held in a lower classification, without the right of appeal.
C. Individuals hired, rehired (except as a result of a disciplinary action appeal decision), promoted, demoted, transferred or placed within the bargaining unit shall serve a probationary period of one (1) year following said date of hire, rehire, promotion, transfer or placement within the bargaining unit.
D. The granting of any leave of absence with or without pay, military leave of absence or jury duty exceeding seven (7) consecutive calendar days shall cause such employee's probationary period to be extended by the number of calendar day(s) for which such leave of absence has been granted, and shall require adjustment of such employee's anniversary date, pursuant to the formula set forth hereinabove.
Article 10 - Sick Leave
Please see Section 10.2 of the CITY's Personnel Rules and Regulations.
Article 11 -Family and Medical Leave
Please see Section 10.06 of the CITY's Personnel Rules and Regulations.
Article 12 - Vacation Leave
A. Every full-time regular employee represented by this MOU shall accumulate vacation based on year of service as follows:
Year 1 through Year 3
Beginning Year 4 through Year 6
CPOA 2023 M OU
80 hours annually
100 hours annually
Item #6.1.
Beginning Year 7 through and up 160 hours annually
B. Employees shall not earn vacation once their accrued vacation balance has reached 480 hours. An extension of vacation limits may be granted by the City Manager. The CITY encourages employees to use vacation annually.
C. No employee shall be permitted to work for compensation for CITY in any capacity during the time of his/her paid vacation from CITY service, upon termination, vacation used shall be pro-rated against vacation earned.
D. Every CITY employee who leaves CITY employment, unless discharged from CITY service during probation, shall be granted the use of all accumulated vacation or shall be paid at the current rate of compensation applicable at the time of separation. Because employees seldom terminate on the final day of a month, the following method will provide for equitable payment of vacation earned during the month of termination. If an employee terminates on a day falling on the first through the fifteenth day of a month, the employee shall receive credit for one- half the month's accrual; if an employee terminates on a day falling on the sixteenth through thirty-first day of the month, the employee shall receive full credit of the vacation accrual for the month.
E. Employee requests for vacation leave shall be submitted to their supervisor or the Chief of Police at least thirty (30) days in advance of the starting day of requested leave.
Article 13 - Holidays
A. The following holidays are recognized by the City as the holidays the employees are entitled to be compensated for, pursuant to PERS rules, to make them persable compensation for retirement purposes. Each day is valued at 12 hours or the assigned shift hours depending on the employee's schedule.
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Admission's Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
January 1
3rd Monday in January
3rd Monday in February
Last Monday in May
June 19
July 4
1st Monday in September
September 9
November 11
4th Thursday in November
Friday after Thanksgiving
December 24
December 25
B. If an employee is scheduled to work a normal workday on a recognized holiday, the employee shall receive one and one-half (1.5) times the hours of assigned shift at straight time pay or one and one-half (1.5) times the hours of assigned shift of CPOA 2023 MOU Page 9
Item #6.1.
compensatory time off. It will be the employee's option to receive pay or compensato ry time off.
Article 14 - Salary on Reduction/Demotion
Any employee who is demoted to a position in a class having a salary range lower than the class or position from which he/she was demoted from sha ll receive the highest salary step in the new classification that does not exceed his/her rate immediately prior to the demotion. In such cases, the employee shall retain the same anniversary date.
Article 15 - Wages and Benefits
A. Monthly salaries shall be provided for the employee classifications in accordance with the salary schedule in Appendix A.
B. Medical, Vision and Dental Benefits
Regular or probationary full-time employees are members of the Public Employees Medical and Hospital Care Act ("PERS Health") insurance program. The CITY's monthly contribution to provide health insurance benefits for the individual employee and the employee's eligible dependents shall be the minimum payment required by the Public Employees Medical and Hospital Care Act.
1. In addition, effective January 1, 2022, the CITY shall contribute the entire cost of the following insurances, except for employee contributions below:
a. 10% of the Dental Plan monthly premium amount, paid through a payroll deduction.
b. 10% of the Medical Plan monthly premium amount for any el igible CalPERS medical plan, paid through a payroll deduction. c. 10% of the Vision Plan monthly premium amount, paid through a payroll deduction, effective March 1, 2022. Enrollment is mandatory for all employees.
An employee may use any contributions to a Section 125 Plan toward the cost of employer-provided PERS Medical health insurance, Vision insurance and Dental insurance for the employee and eligible dependents. An employee may not use funds for other reasons.
2. Share the Savings Program -
CPOA 2023 MOU
The CITY shall provide four hundred dollars ($400.00) per month to any employee who meets the following criteria:
a. Declines the CITY sponsored Medical Coverage
Item #6.1.
b. Provide the CITY with acceptable evidence of Medical Insurance from an alternative provider.
c. An employee may accept or decline dental coverage without affecting the Share the Savings Program.
C. Affordable Care Act
At such time as regulations are issued implementing the Affordable Care Act ("ACA"), the City and the CPOA will meet to discuss the impact, if any of such regulations on any benefit plans offered by the City. If modifications to the benefits, eligibility for coverage, employer or employee contribution to the cost of insurance or any other provisions of the benefit plans covered by this MOU will be modified by the ACA during the term of this agreement, it is agreed that the City and the CPOA will reopen the contract to meet and confer and determine how such mandated changes will be implemented.
Article 16 - Uniforms and Equipment
A. Uniform and Equipment Issuance:
1. At initial full-time employment employees in recognized classifications shall be issued, at the CITY's expense, the following items:
3 shirts with patches
3 trousers/skirts
ltie
1 tie bar
1 pair uniform shoes
1 belt, trouser type
The City will pay each year a stipend for cleaning and purchase of the uniform and equipment items listed above to employees in each of the listed positions by the first pay period in July, as follows: sworn peace officers: $900 and non-safety employees:
$600. Effective the first pay period in July 2023 the sworn peace officer uniform allowance is increased from nine hundred dollars ($900) to one thousand dollars ($1,000) and the non-safety employees uniform allowance is increased from six hundred dollars {$600} to seven hundred dollars ($700}. However, new employees shall only receive the July stipend on a pro rata basis from the date of hire to the end of the fiscal year. Subsequently, they are entitled to the same stipend on a full annual basis as other employees.
B. All full-time sworn peace officers shall be issued, at CITY's expense, the following:
CPOA 2023 MOU
Sam Browne belt
4 Keeper straps
Baton
Baton ring
Handcuffs with case
Duty handgun with holster
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Ammunition pouch
Protective vest*
*Any vest issued will be considered having a life of five (5} years.
C. For employees hired before January 1, 2013, the CITY shall report the value of uniform cleaning and replacement to PERS as follows:
• Sworn Peace Officers is $900 per year, increased to $1,000 effective July 1, 2023
• Non-safety employees is $600 per year, increased to $700 effective July 1, 2023
Article 17 - Field Training Officers
A. Field Training Officers (FTO's} will receive $25.00 per shift while assigned to training an officer.
B. Training dispatchers will receive $25.00 per shift while assigned to training duties.
Article 18 - Assignment Pay
A. Upon assignment by the Chief of Police, with concurrence of the City Manager, an employee assigned as a School Resource Officer, Defensive Tactics Instructor, or Firearms Instructor shall receive two hundred six dollars per month, divided and paid in equal amounts for each pay period (e.g., one hundred three dollars if paid semi-monthly and ninety-five dollars and eight cents if paid biweekly).
Article 19 - Retirement
A. Employees Hired Before May 1, 2012
For employees hired before May 1, 2012 only, the CITY shall provide safety employees with retirement coverage through the Public Employees' Retirement System (PERS} under 3% at 55 Local Safety plan. CITY shall provide all current non-safety employees (i.e., miscellaneous employees) with retirement coverage through the Public Employees' Retirement System (PERS) under the 2.5% at 55 miscellaneous plans. Additional PERS Retirement Benefits for employees hired before May 1, 2012 are as follows:
1. Credit for unused Sick Leave (Government Code Section 20965}, and
2. Single Highest Year (Government Code Section 20042}.
B. Employees Hired On Or After May 1, 2012 And Before January 1, 2013, Or Employees Who Qualify For Pension Reciprocity
For employees hired on or after May 1, 2012, and before January 1, 2013, as well as for employees who qualify for pension reciprocity pursuant to Government Code Section CPOA 2023 MOU Page 12
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7522.02 (c) and any related reciprocity requirements established by PERS, the City shall provide retirement coverage through the PERS retirement formula under Government Code Section 21369 (2% @ 55) for Safety employees and Government Code Section 21353 (2% @ 60) for Non-Safety employees. These formulas shall be based upon a 3-year average salary. The City also shall provide credit for unused sick leave pursuant to Government Code Section 20965.
C. Employees Hired On Or After January 1, 2013
For employees hired on or after January 1, 2013 who do not qualify for pension reciprocity pursuant to Government Code Section 7522.02 (c), the City shall provide retirement coverage through the PERS retirement formula under Government Code Section 7522.25 (b) (the Basic Safety Plan - 2%@ 57) for Safety employees and through the PERS retirement formula under Government Code Section 7522.20 {2% @ 62) for Non-Safety employees. These formulas shall be based upon a 3-year average salary.
The City also shall provide credit for unused sick leave pursuant to Government Code Section 20965.
D. Employee Contributions
All employees shall pay the full employees' share of Publ ic Employees' Retirement employee contribution as determined by PERS; the City shall not pick up any portion of the required employee contribution.
E. 401 (a) Money Purchase Plan - City Contribution to Regular Full-Time PEPRA and Regular Full-Time Classic Tier II Sworn Safety Employees Effective July 1, 2021, the City shall make a five percent (5%) of pre-tax base salary contribution to each regular full-time PEPRA and regular full-time Classic Tier II sworn safety employee's Calistoga 401(a) Money Purchase Plan account, up to the annual limit under IRC §41S(c), which is equal to the lesser of (i) one hundred percent {100%) of each regular full-time PEPRA and regular full-time Classic Tier II safety employee's IRC §415 compensation or (ii) the dollar limit in effect for the year. The dollar limit for 2021 is $58,000 and $61,000 for 2022. These contribution limits may adjust annually.
1. These contribution limits are inclusive of the contributions of City, which also includes contributions of City and employee to any other 401(a) accounts the regular full-time PEPRA and regular full-time Classic Tier II sworn safety employee holds with City or any other entities related to the City that meet the controlled group rules under IRC §414(b), the common control rules under IRC §414(c), or the affiliated service group rules under IRC §414(m) as set forth in the Internal Revenue Code.
2. The City's contribution to each regular full-time PEPRA and regular full-time Classic Tier II sworn safety employee's Calistoga 401{a) Money Purchase Plan account will be retroactive to July 1, 2021.
3. No interest will be paid on the retroactive contribution .
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4. Because the City contribution is derived from base salary, the City's dollar contribution to each regular fu ll-time PEPRA and regular full-time Classic Tier II sworn safety employee's Calistoga 401(a) Money Purchase Plan account shall increase with any increase to the regular full-time PEPRA and regular full-time Classic Tier II sworn safety employee's base sa lary, subject to the contribution limits set forth above.
5. In no event will the City contribution exceed 5% of the full-time time PEPRA or regular full-time Classic Tier II sworn safety employee's pre-tax base salary.
6. No employee contribution will be permitted to the employee's Calistoga 401(a) Money Purchase Plan account.
Article 20 - Work Schedule
A. Work Period: The work period for full-time personnel will be defined by the FSLA public safety definition, recognized to cover employees who will work 171 hours in a 28 day period. The shift hours for employees presently consists of twelve (12) hours of work inclusive of a thirty (30) minute lunch break and two (2) fifteen (15) minute rest periods for employee classifications in this agreement. The CITY may explore alternate schedules to meet the operating needs of the Department.
B. Normal Work Day: As assigned by the Chief of Police, either twelve (12) consecutive hours of work in a twenty-four hour period; ten (10) consecutive hours of work in a twenty-four (24) hour period; or eight (8) consecutive hours of work in a twenty-four (24) hour period. The definition of workday for the purposes of computing accumulation of use of sick or vacation, is eight (8) hours.
C. Work Shift: Specific time during a twenty-four (24) hour period at which an employee's normal work day regularly begins and ends, to be established by the Chief of Police.
D. Work Schedule: Specifically named days of the week which comprise an employees' normal workweek, to be established by the Chief of Police. The Work Schedule should be posted at least fourteen (14) days in advance of its effective date.
E. Employment other than that employment pursuant to this MOU shall be restricted according to law.
Article 21 - Overtime
A. All FLSA non-exempt employees shall receive overtime pay computed at one and onehalf (1.5) their regular rate for all hours worked by the employee in excess of amounts in a designated work period as specified by the FLSA. Overtime hours shall be paid to the nearest quarter hour of time worked. Official City holidays shall be considered as actual hours worked for purposes of computing overtime eligibility. Vacation, sick, compensatory time shal l not count as actual hours worked for computing overtime.
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B. Employees eligible for overtime pay may elect to received Compensatory Time Off (CTO) at time and one-half (1.5) in lieu of overtime pay. Employees may accrue and have a maximum current credit of eighty (80) hours of CTO. Employees represented by the bargaining unit may accrue CTO on a fiscal year basis. CTO must be used by the employee by the end of the fiscal year; otherwise, the employee will receive overtime pay in lieu of CTO.
C. FLSA exempt employees are not covered by the overtime provisions and are not eligible for overtime pay.
D. FLSA non-exempt employees that are required to work in excess of a full-time employee's normal work day (e.g., 8, 10, 12 hours per work day) will be entitled to overtime at one and one-half (1.5) their regular rate for all hours worked in excess of that full-time employee's normal work day.
Article 22 - Special Compensation
A. Should the CITY call back or recall any full-time employee after his/her normal working hours or assigned schedule to perform work, CITY shall pay said employee applicable time at one and one-half (11/2) for all hours actually worked, but in no event shall employee receive less than a minimum of two (2) hours, regardless of time actually worked as a result of being called back to perform services for the CITY.
B. Should the City or other entity require an employee to be subject to court time or court standby time during a time other than the employee's assigned work shift schedule said employee's applicable time will be paid at the rate of one and one-half (1 ½) for all hours actually worked . Employee shall be allowed travel time, to court from home or station, whichever is closer in addition to the amount of time spent in the court time appearance. In no event shall employee receive less than a minimum payment of three (3) hours, regardless of time actually worked as a result of being in court. Court standby time shall be limited to a maximum of four hours of pay per day.
C. All overtime, extended shift work, special detail work, training, authorized training, in excess of the established maximum hours in a work period as defined by the Fair Labor Standards Act shall be compensated by payment at the rate of one and one-half (1 ½) times the applicable hourly base rate of pay of the employee, or at the determination of the employee by compensatory time off.
D. For non-court regular standby, employees shall be afforded one hours pay for every eight hours on standby.
E. Any employee who has received a subpoena to appear in court or OMV Hearings and is cancelled for such appearance with less than forty-eight (48) hours advance notice shall receive a minimum of two (2) hours pay at her/his hourly base rate.
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Article 23 - Definitions
A. Overtime: Overtime for employees on a forty (40) hour work week schedule is authorized time worked in excess of forty (40) hours in a work week. Overtime for employees on twelve hour shifts is authorized time worked in excess of 171 hours in a 28 day period. Such overtime shall exclude shift changes.
B. Recall Work/Call Back: Work performed by off-duty employee ordered to work.
C. Extended Shift Work: Time worked by employees beyond their normal assigned work shift.
D. Special Detail Work: Work performed by an employee during off-duty hours involving duty at parades and other public or civic events, or a private contract employment when assigned by the Chief of Police.
E. Training: Time spent by employees during off-duty hours attending required training.
F. Authorized Training: Training authorized by the Chief of Police, which is not required .
G. Court Time: Time required of an employee in attendance at court in response to a subpoena, a coroner's inquest, a hearing, or trial in a civil or criminal case, during a time other than the employee's assigned work shift schedule, for the purpose of testifying respecting knowledge acquired or claimed to have been acquired by such employee in the course of employment with CITY.
H. Court Standby Time: Time required by an off-duty employee, authorized to the tribunal ordering the appearance, to remain available at a location other than the location specified in the Subpoena.
I. Employee(s): Individuals hired into a regular position from which the classification is represented under this collective bargaining agreement.
J. Sworn Personnel: Employees who are Peace Officers in accordance with Penal Code Section 830.l.
K. Regular Standby: Employees placed on standby in appropriate circumstances when an employee is scheduled for, in an emergency or natural disaster.
L. Compensating Time Off: Please see Section 9.02 C of the CITY's Personnel Rules and Regulations.
Article 24 - Differential and Bilingual Pay
A. Employees who work a shift which consists of one-half (1/2) the hours actually worked between 12:00 midnight and 8:00 a.m. shall receive a four per cent (4%) of base salary graveyard differential for such shift actually worked.
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B. Employees who work the shift described in Section A of this article in excess of eight (8) consecutive months shall receive an additional two percent (2%) for a total of six percent (6%) of base salary graveyard differential for such shift actually worked.
C. Employees who qualify shall receive five per cent (5%) of base salary as bilingual differential. An employee shall be deemed qualified who is determined by the CITY to be fluent in a language or enrolled in a class to learn that language. The CITY shall consult with the ASSOCIATION prior to establishing fluency standards.
Article 25 - Police Corporal
A. Definition: The Corporal position is a specialty assignment made by the Chief of Police and not a permanent assignment or promotion. Corporals will provide input in the evaluation process of staff under their functional supervision but the responsibility of performance evaluations will be the assigned patrol sergeant or supervisor. The Corporal specialty assignment is an annual assignment to be reviewed annually and may be extended based upon an annual review by the Sergeant with a recommendation to the Chief of Police. The position is primarily a graveyard shift generally working 6:00 p.m. - 6:00 a.m. on a designated patrol team.
B. Scope: This is a sworn lead-level law enforcement position that performs all law enforcement activities found in a municipal police department, and provides lead supervision and direction to Police Officers on an assigned shift. Corporals are required to be armed while on duty and may be assigned to work in uniform or plain clothes.
Shift schedules and job assignments may be changed periodically to assure the maximum delivery of effective police service. The position is distinguished from Police Sergeant in that the latter is the full supervisor position and exercises direct and general supervision over Police Officers, Police Corporals, and other non-safety staff. Corporals will provide input in the evaluation process of staff under their functional supervision but the responsibility of performance evaluations will be assigned patrol Sergeant or supervisor. The approval of overtime by the Corporal position is limited to providing shift coverage for immediate unanticipated vacancies (i.e., sick) in dispatch or patrol and for completion of reports. Corporals may sign up for Sergeant patrol overtime if a Sergeant is not available to work the post assignment.
C. Compensation: A Police Officer assigned by the Chief of Police as a Corporal shall receive additional compensation in the amount of five percent (5%) of the employee's base pay per pay period. 1
D. Selection Process: The selection process will minimally be a letter of interest submitted by the applicant candidate and an oral board selection with a recommendation to the Chief of Police. The Chief of Police has the duty to make the appointment. The oral board will minimally be two Pol ice Sergeants and the Public Safety Dispatch Supervisor.
As an illustrative example: The Police Officer's monthly base salary is $1,000 per month (e.g., Police Officer salary schedule, step 5) and the Police Officer receives 2.5% ($250) for the possession of a specific POST ce1tificate or college units/degree. The 5% Corporal assignment compensation is based on $1 ,000 and is not based on $1,250.
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If there is only one candidate who meets the qualification criteria, the Chief of Pol ice may conduct the selection interview and solicit recommendations by the Police Sergeants and Public Safety Dispatch Supervisor. In the event of more than one Corporal, seniority between the Corporals will be based on the individuals' dates of hire with the City.
Article 26 - Educational Incentive
A. As an incentive to recruit and/or retain employees who have pursued and completed higher education and professional training referenced herein, CITY shall pay:
1. To all full-time employees in the classifications of Police Officer, Police Corporal and Police Sergeant that possess the following:
a. POST Intermediate Certificate, an Associate Degree or 60 units of college credit an additional two and one half percent (2.5%) of base salary.
b. POST Advanced Certificate, a Bachelor Degree or 120 units of college credit an additional two and one half percent (2.5%) of base salary.
2. To all full-time employees in the classifications of Community Service Officer, Police Dispatcher or Police Dispatch Supervisor that possess the following:
a. POST Complaint Dispatch Certificate an additional two and one ha lf percent (2.5%) of base salary.
b. POST Public Safety Dispatcher Certificate, a Bachelor Degree or 120 units of college credit, an additional two and one half percent (2.5%) of base salary.
B. In no case shall an employee receive more than five percent (5%) of base salary for educational incentive.
C. Current employees and new hires must have a degree that is field related . In order to be a qualifying educational degree, an Associates, Bachelor's or Master's degree must be related to the work of the employee's position, career development or occupation in such fashion as will offer substantial benefit to the City and must have been conferred by a college or university accredited by the Western Association of Schools and Colleges or by a national accreditation agency.
Article 27 - Life Insurance
A. CITY shall provide life insurance coverage for each employee covered by the MOU in the amount of fifty thousand dollars ($50,000}, or one year's base salary, whichever is greater, to include a double indemnity provision.
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Article 28 - Longevity Pay
A. The CITY shall provide pensionable Longevity Pay in the following manner.
1. On the completion of five (5) years of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a onetime lump sum equivalent to 1.5% of the employee's annual base salary.
2. On the completion of ten (10) of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a one-time lump sum equivalent to 2% of the employee's annual base salary.
3. On the completion of fifteen {15) years of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a onetime lump sum equivalent to 2% of the employee's annual base salary.
4. On the completion of twenty (20) years of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a onetime lump sum equivalent to 2.5% of the employee's annual base salary.
5. After the twenty-fifth year of service with the City, upon completion of each fifth year of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a one-time lump sum equivalent to
2.5% the employee's annual base salary.
B. Effective the later of the date of the City Council's adoption of the collective bargaining agreement or January 1, 2023 the Article 27, Longevity Pay, paragraph A is deleted in its entirety and replaced as follows:
1. On the completion of four (4) years of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a onetime lump sum equivalent to two percent (2%) of the employee's annual base salary.
2. On the completion of eight (8) years of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a onetime lump sum equivalent to two and one-half percent {2.5%) of the employee's annual base salary.
3. On the completion of twelve (12) years of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a onetime lump sum equivalent to three percent (3%) of the employee's annual base salary.
4. On the completion of sixteen (16) years of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a onetime lump sum equivalent to three and one-half percent (3.5%) of the employee's annual base salary.
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5. On the completion of twenty (20) years of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a onetime lump sum equivalent to four percent (4%) of the employee's annual base salary.
Article 29 - Military Leave
Please see Section 10.08 of the CITY's Personnel Rules and Regulations.
Article 30 - Medical Examinations
A. Any applicant being considered for appointment as a full-time probationary employee shal l, prior to such appointment, undergo a physical examination performed by a licensed physician at CITY's expense.
B. Any applicant being considered for appointment as a full-time probationary employee shall, prior to such appointment, undergo a psychological examination at CITY's expense.
Article 31 - Provisions of Law
If any provision of the application or any provision of this MOU as implemented should be rendered or declared invalid by any final court action or decree, or by reason of any preemptive legislation, the remaining sections of this MOU shall remain in full force and effect for the duration of said MOU.
Article 32 - No Strike
The ASSOCIATION agrees that there will be no strike, work stoppage, slowdown, 'sick-in', sit down, refusal to perform work, or other interference with operations, nor any picketing or refusal to enter upon CITY's premises on any account, or in connection with any grievance or dispute, and CITY agrees that it will engage in no lockouts during the term of this MOU.
Article 33 - Layoff
In the event of employee layoffs, seniority shall be the basis for layoffs undertaken for economic reasons. Non-economic layoffs such as reorganization or restructuring need not be based on seniority, but shall be based primarily on merit, as reflected in the most recent two employee evaluations. Such layoffs shall be subject to the grievance procedure.
Article 34 - Personnel Rules and Regulations
Some of the articles of this Agreement are also covered in the CITY Personnel Manual. It is the intent of the parties that t he provisions in both the Personnel Manual and the Agreement be the same. If there is a conflict between the two, the provisions of this Agreement shall prevail over the Personnel Manual.
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Any specific reference to a section of the City of Calistoga Personnel Rules and Regulations in this MOU is subject to review under the Grievance Procedure of this Agreement and may not be modified without mutual agreement of the CPOA except during MOU negotiations.
Article 35 - Successor MOU
The parties agree to begin successor MOU negotiations one hundred fifty (150) to one hundred eighty (180} day prior to the expiration of the current MOU.
Article 36 - Unauthorized Leave
An employee is deemed to have resigned from his/her position if the employee is absent for three (3) or more consecutive scheduled work days/shifts without prior authorization and without notification during the period of the absence. The employee will be given written notice, at the employee's address of record, of the circumstances of the job abandonment, and given an opportunity to provide an explanation of his or her unauthorized absence. An employee who promptly responds to the City's written notice, within the timeframe set forth in the written notice, can arrange for an appointment with the Chief of Police (or designee) before final action is taken, to explain the unauthorized absence and failure of timely notification. An employee separated for unauthorized leave or job abandonment will be reinstated upon proof of justification for such absence, such as severe accident, severe illness, false arrest, or mental or physical impairment which prevented notification. No employee separated for unauthorized leave or job abandonment has the right to a post-separation appeal.
Article 37 - Full Understanding, Modification and Waiver This agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.
It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein.
It is further agreed and understood that, except in cases of emergency, the City shall not implement any changes to any matter within scope, as defined by the Meyers-Milias-Brown Act, as amended, not covered herein without first having met and conferred with the Association to the extent required by law. For purposes of the Agreement, emergency means any sudden and unforeseeable incident or occurrence.
No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved by the City, and ratified by the membership of the Association.
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CITY OF CALISTOGA
City Manager
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APPENDIX A
Salary Schedule
Calistoga Police Officers Association (CPOA)
Monthly
1. The present approximate monthly pay rate for represented classifications are:
Classification Monthly-1 Monthly-2. Monthly-3 Monthly-4 Monthly-5 Police Officer $6,786 $7,1256 $7,481 $7,855 $8,248
Public Safety Community Services Officer 5,318 5,582 5,862 6,156 6,462 Public Safety Dispatch Supervisor 6,156 6,462 6,786 7,125 7,481 Public Safety Dispatcher 5,320 5,582 5,862 6,156 6,462
Sergeant 8,051 8,455 8,876 9,322 9,788
FLSA
Non-Exempt
Non-Exempt
Non-Exempt
Non-Exempt
Non-Exempt
2. Effective the later of the beginning of the first full pay period following the City Council's adoption of the collective bargaining agreement or January 1, 2023, the base wages set forth in this Appendix A, paragraph 1, above, will be increased by five and one-half percent (5.5%) for Police Officer and Sergeant and by six percent (6%) for the other listed classifications.
3. Effective the beginning of the pay period which includes January 1, 2024, the base wages set forth in this Appendix A, paragraph 2, above will be increased by the San Francisco-Oakland-Hayward Consumer Price Index, all urban consumers (CPI-U) for the October 2023 twelve-month increase with such wage increase to be a minimum of two percent (2%) and a maximum of five percent (5%).
4. Effective the beginning of the pay period which includes January 1, 2025, the base wages set forth in this Appendix A, paragraph 3, above will be increased by the San Francisco-Oakland-Hayward Consumer Price Index, all urban consumers (CPI-U) for the October 2024 twelve-month increase with such wage increase to be a minimum of two percent (2%) and a maximum of five percent (5%).
5. The hourly rate is calculated by multiplying the monthly pay rate by twelve (12) months and dividing that value by two thousand eighty (2,080) hours.
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SIDE LETTER OF AGREEMENT
To the Memorandum of Understanding
Between the City of Calistoga and the Calistoga Police Officers Association Regarding Biweekly Pay Periods
This will confirm an understanding reached between the City of Calistoga (hereinafter referred to as the "CITY11) and the Cal istoga Police Officers Association (hereinafter to as the "ASSOCIATION"). Collectively, CITY and ASSOCIATION are hereinafter referred to as "the parties."
WHEREAS, employees are presently paid bimonthly (twice monthly) with the first pay period of the first of the month through the fifteenth (employees paid on approximately the fifteenth) and the second pay period from the sixteenth through the end of the month (employees paid on approximately the last day of the month); and WHEREAS, every pay period employees need to estimate the hours worked from the due date of timesheets (typically four days prior to the end of the pay period) and such estimations may be inaccurate due to additional hours worked or the use of paid time off (e.g., using vacation, sick leave, compensatory time off); and WHEREAS, the CITY wishes to pay employees on a biweekly (every other week) basis, subject to the agreement between all of the City's represented employee associations.
Now, therefore, the parties agree as follows, effective October 1, 2023:
• Timesheets and paychecks will be on a biweekly basis and no longer on bimonthly basis. • Employees shall be pa id on the Friday following the close of the pay period (i.e., first paycheck will be October 20, 2023 and then every two weeks thereafter). • Section 19, Work Schedule, paragraph A, Work Period, is amended by deleting "The work period for full-time personnel will be defined by the FLSA public safety definition, recognized to cover employees who will work 171 hours in a 28 day cycle" and replaced with "The work period for police safety employees is defined as t he FLSA police safety 7k exemption of eighty-six (86) hours in fourteen (14) days." • As a transition from bimonthly to biweekly paychecks, an employee may borrow one thousand five hundred dollars ($1,500.00) payable through the City's accounts payable process, with employee repayment of five hundred dollars ($500) as a payroll deduction taken over the second paycheck in October 2023, the fist paycheck in November 2023, and the second paycheck in November 2023. An employee who participates with this transition loan shall sign a promissory note which shall include repayment from the employee's accrued leave payouts should the employee separate from CITY employment prior to full repayment of the transition loan.
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• The City may elect to not implement this Side Letter Agreement if all three of the CITY's bargaining units have not agreed to the change of biweekly timesheets and paychecks.
For the CITY For the ASSOCIATION
Laura Snideman, City Manager
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SIDE LETTER OF AGREEMENT
To the Memorandum of Understanding
Between the City of Calistoga and the Calistoga Police Officers Association Regarding Lump Sum Payment for Early Settlement
This will confirm an understanding reached between the City of Calistoga (hereinafter referred to as the "CITY") and the Calistoga Police Officers Association (hereinafter to as the "ASSOCIATION"). Collectively, CITY and ASSOCIATION are hereinafter referred to as "the parties."
To encourage the early settlement of the successor collective bargaining agreement, upon the City's receipt of the signed, ratified Memorandum of Understanding, employees as of December 1, 2022 shall receive the following lump sum payment within three pay periods following the CITY's said receipt.
• If the ASSOCIATION returns the signed, ratified Memorandum of Understanding to the Director of Administrative Services on or before noon of December 16, 2022, then the employees shall receive a lump sum payment of one thousand dollars ($1,000). • If the ASSOCIATION returns the signed, ratified Memorandum of Understanding to the Director of Administrative Services after noon of December 16, 2022 but on or before December 30, 2022, then employees shall receive a lump sum payment of six hundred dollars ($600).
• If the ASSOCIATION returns the signed, ratified Memorandum of Understanding to the Director of Administrative Services after December 30, 2022 but on or before January 17, 2023, then employees shall receive a lump sum payment of three hundred dollars ($300).
• If the ASSOCIATION returns the signed, ratified Memorandum of Understanding to the Director of Administrative Services after January 17, 2023, then there shall be no supplemental payment to the employees under this Side Letter Agreement. • It is the parties intent that there shall be only one (1) lump sum payment dependent on the soonest date the signed, ratified Memorandum of Understanding is returned to the Director of Administrative Services.
• The parties intend that the lump sum payment is not subject to CalPERS reporting of benefits.
• A part-time employee shall receive a pro-rata amount based on the employee's full-time equivalence. Temporary employees do not qualify for any lump sum payment.
For the CITY For the ASSOCIATION
Laura Snideman, City Manager
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SIDE LETTER OF AGREEMENT
To the Memorandum of Understanding
Between the City of Calistoga and the Calistoga Police Officers Association Regarding Joint Labor-Management Committee
This will confirm an understanding reached between the City of Calistoga (hereinafter referred to as the "CITY") and the Calistoga Police Officers Association (hereinafter to as the "ASSOCIATION"). Collectively, CITY and ASSOCIATION are hereinafter referred to as "the parties."
The parties will form a joint labor-management committee, within one (1) month following adoption of the successor collective bargaining agreement, and meet within thirty (30) days following formation. Membership of the joint labor management committee will be the Police Chief (who will serve as Committee Co-chair), one person designated by the Police Chief, and two representatives designated by the Association (of whom one will serve as Committee Co-chair). The Committee has the following defined purpose:
• Collect calendar year 2022 data on the number of police safety employees on duty by day and sh ift;
• Collect other relevant data as determined by the Committee, which may include (as illustrative examples only):
o In instances where one (1) Association-represented police safety employee was on duty, identify the type(s) of calls for service the employee received, initiated, and/or responded to;
o Compa re 2023 data related to instances where one (1) Associationrepresented police safety employee was on duty to 2022 data and identify, to the extent possible or practical, the reason(s) for the difference(s); • Make recommendation(s) to the Police Chief for any proposed departmental policy and/or operational changes which are within the Police Chief's authority to implement.
The joint labor management committee should strive to complete any data collection, review and recommendations within six (6) months of the committee's formation .
For the CITY For the ASSOCIATION
Laura Snideman, City Manager
CPOA 2023 MOU Page 27
Item #6.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Marni Rittburg, City Clerk
Meeting: City Council - Dec 20 2022
Subject: Resolution Accepting Certification of the Results by the Napa County Registrar of Voters regarding the Canvass of the Returns and Results of the General Municipal Election held on November 8, 2022.
DESCRIPTION:
Consider adopting a Resolution Accepting the Final Results of the November 8, 2022, General Municipal Election determining the electors to the Mayor's seat and two Council Member seats as reported by the Napa County Registrar of Voters.
RECOMMENDATION:
Adopt the Resolution accepting the certification of the results.
BACKGROUND/SUMMARY:
The City Council adopted Resolution 2022-044 on June 21, 2022, calling and giving notice of a General Municipal Election to be held on November 8, 2022, for the purpose of electing a Mayor to a full term of two (2) years and two (2) Members of the City Council to a full term of four (4) years.
On December 2, 2022, the Napa County Registrar of Voters canvassed the vote and certified the final count, the results are attached as Exhibit A to the Resolution.
Per Election Code 10263(b), the City Council must adopt a Resolution declaring the results of the election and install the newly elected Mayor and Council Members.
CEQA STATUS:
This item is exempt.
FINANCIAL IMPACT:
There are no funds requested for this item.
ATTACHMENT(S):
Reso Declaring the Results of the General Municipal Election Exhibit A - 11-8-2022 ELECTION CERTIFICATION
City of Calistoga-Mayor and Council
APPROVAL(S):
Item #6.2.
Nitish Sharma Approved - Dec 13 2022
Laura Snideman, City Manager Approved - Dec 14 2022
Marni Rittburg, City Clerk Approved - Dec 14 2022
Item #6.2.
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,
COUNTY OF NAPA, STATE OF CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON TUSEDAY, NOVEMBER 8, 2022,
DECLARING THE RESULTS AND SUCH MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted by the City of Calistoga, California, on Tuesday, November 8, 2022, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were property established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and
WHEREAS, the Napa County Election Department has canvassed the returns of the election and has certified the results to this City Council, the results are received, attached, and made part hereof as “Exhibit A”.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the whole number of ballots cast in the precincts in the City was 2,701.
Section 2. That the names of person voted for at the election for Mayor are as follows:
• Gary W. Kraus
• Donald Williams
That the names of person voted for at the election for Member of the City Council are as follows:
• Scott Cooper
• Kevin Eisenberg
• Curt Winslow
Section 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were listed in Exhibit “A” attached.
Section 4. The City Council does declare and determine that: Donald Williams was elected as Mayor for the full term of two years; Scott Cooper was elected as Member of the City Council for the full term of four years; Kevin Eisenberg was elected as Member of the City Council for the full term of four years.
Section 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election showing: (1) the whole number of ballots cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted for; (4) The Item #6.2.
Resolution No. 2022-xxx
number of votes given at each precinct to each person; (5) The total number of votes given to each person.
Section 6. That the City Clerk shall administer to each person elected the Oath of Office prescribed in the Constitution of the State of Califonria and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.
Section 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED this 20th day of December 2022. I,
MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
____________________________ _____________________________ Marni Rittburg, City Clerk Chris Canning, Mayor
Item #6.2.
Exhibit A Item #6.2.
Mayor City of Calistoga (Vote for 1)
Precinct
Registered VotersTotal Ballots CastTurnoutTotal VotesDONALD WILLIAMSGARY W. KRAUS 3830770 997 607 61% 591 287 304
3830771 417 271 65% 253 129 124
3830772 466 322 69% 312 125 187
3830773 400 227 57% 218 118 100
3830774 421 295 70% 281 182 99
Countywide Total 2,701 1,722 64% 1,655 841 814
4th Congressional District 2,701 1,722 64% 1,655 841 814 4th Assembly District 2,701 1,722 64% 1,655 841 814
3rd Senate District 2,701 1,722 64% 1,655 841 814
2nd Dist, Board of Equalization 2,701 1,722 64% 1,655 841 814 3rd Supervisor District 2,701 1,722 64% 1,655 841 814
City of Calistoga 2,701 1,722 64% 1,655 841 814
Napa County Statement of Vote
November 8, 2022
Item #6.2.
Napa County Statement of Vote
November 8, 2022
City Council City of Calistoga (Vote for 2)
Precinct
Registered VotersTotal Ballots CastTurnoutTotal VotesSCOTT COOPERKEVIN EISENBERGCURT WINSLOW 3830770 997 607 61% 920 349 428 143
3830771 417 271 65% 369 139 170 60
3830772 466 322 69% 471 186 206 79
3830773 400 227 57% 342 121 169 52
3830774 421 295 70% 392 136 187 69
Countywide Total 2,701 1,722 64% 2,494 931 1,160 403
4th Congressional District 2,701 1,722 64% 2,494 931 1,160 403 4th Assembly District 2,701 1,722 64% 2,494 931 1,160 403 3rd Senate District 2,701 1,722 64% 2,494 931 1,160 403 2nd Dist, Board of Equalization 2,701 1,722 64% 2,494 931 1,160 403 3rd Supervisor District 2,701 1,722 64% 2,494 931 1,160 403 City of Calistoga 2,701 1,722 64% 2,494 931 1,160 403
Item #6.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Marni Rittburg, City Clerk
Meeting: City Council - Dec 20 2022
Subject: Select a Councilmember to serve as Vice Mayor
DESCRIPTION:
Consider adopting a Resolution Selecting a Councilmember to serve as the Vice Mayor.
RECOMMENDATION:
After a majority vote, adopt a Resolution confirming the selection of a Vice Mayor.
BACKGROUND/SUMMARY:
In accordance with Calistoga Municipal Code § 2.06.010 which adopts by reference California Government Code § 36801, the Council must select from its members the Vice Mayor by a majority vote after nominations are offered. This selection must be done at the regularly scheduled meeting following the declaration of the election results and the installation of elected officials. Councilmember Irais Lopez-Ortega has served as Vice Mayor since December 2020.
The position of the Vice Mayor is created in California pursuant to Government Code § 36802. In an instance when the Mayor is absent or unable to act, the Vice Mayor carries out the Mayor’s duties until the Mayor returns or is able to act. The term is for two (2) years.
While the Mayor and the Vice Mayor have some additional ceremonial and administrative responsibilities, in the establishment of policies, voting and in other significant areas, all members of the City Council are equal. Other than the Mayor, any Councilmember may be selected by majority vote to be Vice Mayor. In the past the Mayor has made the nomination for Council consideration.
CEQA STATUS:
This item is exempt.
FINANCIAL IMPACT:
None
ATTACHMENT(S):
Reso Vice Mayor Selection
APPROVAL(S):
Nitish Sharma Approved - Dec 14 2022
Item #7.4.
Laura Snideman, City Manager Approved - Dec 14 2022
Marni Rittburg, City Clerk Approved - Dec 14 2022
Item #7.4.
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY
OF NAPA, STATE OF CALIFORNIA AUTHORIZING THE SELECTION OF A
VICE MAYOR
WHEREAS, Government Code section 34905 provides for the selection of a Vice Mayor; and
WHEREAS, Councilmember Lopez-Ortega has served as Vice Mayor since December 2020; and
WHEREAS, Councilmember ___________ was nominated to be the Vice Mayor of the City of Calistoga; and
WHEREAS, the City Council concurred with this nomination by the vote as recorded below.
NOW, THEREFORE, BE RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF CALISTOGA DOES RESOLVE, DECLARE, DETERMINE, AND ORDERS that Councilmember _____________ is hereby selected as Vice Mayor for the City of Calistoga.
PASSED, APPROVED AND ADOPTED this 20th day of December 2022. I,
MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
__________________________ __________________________
Marni Rittburg, CMC, City Clerk Donald Williams, Mayor
Item #7.4.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Marni Rittburg, City Clerk
Meeting: City Council - Dec 20 2022
Subject: Resolution Accepting the 2023 City Council Meeting Schedule DESCRIPTION:
Consider adopting a Resolution accepting the 2023 City Council Meeting Schedule.
RECOMMENDATION:
Adopt Resolution
BACKGROUND/SUMMARY:
City Council meets regularly two times per month on the first and third Tuesday, at 6:00 P.M. and wishes to establish this schedule for their regular meeting schedule for the 2023 Calendar Year.
However, there are a few dates that are not conducive to holding a regular meeting. Due to the proximity of the New Year’s holiday, the meeting of January 3, 2023, will not be held; and due to the March 7, 2022, Special Election, the meeting of March 7, 2023, will not be held in order to allow citizens to vote and for the Community Center to be used as a vote center; and due to the Independence Day Holiday falling on a regular meeting day, the meeting of July 4, 2022, will not be held; and due to the proximity of the Labor Day holiday, the meeting of September 4, 2023, will not be held; and due to the proximity of the Thanksgiving holidays, the meeting of November 21, 2023, will not be held.
January 17, 2022 July 18, 2022
February 7, 2022 August 1, 2022
February 21, 2022 August 15, 2022
March 21, 2022 September 19, 2022
April 4, 2022 October 3, 2022
April 18, 2022 October 17, 2022
May 2, 2022 November 7, 2022
May 16, 2022 December 5, 2022
June 6, 2022 December 19, 2022
June 20, 2022
CEQA STATUS:
This item is exempt.
FINANCIAL IMPACT:
None
Item #7.5.
ATTACHMENT(S):
Reso 2023 City Council Meeting Schedule
APPROVAL(S):
Nitish Sharma Approved - Dec 14 2022
Laura Snideman, City Manager Approved - Dec 14 2022
Marni Rittburg, City Clerk Approved - Dec 14 2022
Item #7.5.
RESOLUTION NO. 2022-xxx
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA, ESTABLISHING THE 2023 CALISTOGA CITY COUNCIL
REGULAR MEETING SCHEDULE
WHEREAS, the Calistoga City Council holds regular meetings two times per month at 6:00 p.m.; and
WHEREAS, the Calistoga City Council wishes to schedule their regular meeting schedule for the year 2023.
WHEREAS, in 2023, there are a few dates that are not conducive to holding a regular meeting. Due to the proximity of the New Year’s holiday, the meeting of January 3, 2023, will not be held; and due to the March 7, 2022 Special Election, the meeting of March 7, 2023, will not be held in order to allow citizens to vote and for the Community Center to be used as a vote center; and due to the Independence Day Holiday falling on a regular meeting day, the meeting of July 4, 2022, will not be held; and due to the proximity of the Labor Day holiday, the meeting of September 4, 2023, will not be held; and due to the proximity of the Thanksgiving holidays, the meeting of November 21, 2023, will not be held;.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Calistoga shall meet in regular session at 6:00 P.M. on the following dates:
January 17, 2022 July 18, 2022
February 7, 2022 August 1, 2022
February 21, 2022 August 15, 2022
March 21, 2022 September 19, 2022
April 4, 2022 October 3, 2022
April 18, 2022 October 17, 2022
May 2, 2022 November 7, 2022
May 16, 2022 December 5, 2022
June 6, 2022 December 19, 2022
June 20, 2022
PASSED, APPROVED AND ADOPTED this 20th day of December 2022. I, MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
__________________________ __________________________
Marni Rittburg, CMC, City Clerk Donald Williams, Mayor
Item #7.5.