4909-6787-4960 v1
City of Cathedral City
MEMORANDUM OF
UNDERSTANDING
THE AMERICAN FEDERATION OF
STATE, COUNTY AND MUNICIPAL
EMPLOYEES (AFSCME)
JANUARY 1, 2026 – DECEMBER 31, 2028
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Table of Contents
ARTICLE 1: MAINTENANCE OF MEMBERSHIP; CONTRACT BAR; PETITIONS FOR DECERTIFICATION; DUES AND OTHER DEDUCTIONS.................................................................................................................................5
1.1 Maintenance of Membership; Contract Bar; Petitions for Decertification ...............................5
1.2 Dues and Other Deductions........................................................................................................6 ARTICLE 2: SEVERABILITY ..................................................................................................................................6 ARTICLE 3: STRIKES AND/OR JOB ACTIONS.......................................................................................................6 ARTICLE 4: TERM ...............................................................................................................................................7 ARTICLE 5: GENERAL PROVISIONS ....................................................................................................................7
5.1 Safety and Health........................................................................................................................7
5.2 Employee Activities.....................................................................................................................7
5.3 Inconsistent Employee Activities................................................................................................8
5.4 Improper Use of City Equipment Prohibited..............................................................................8
5.5 Political Activity. ..........................................................................................................................8
5.6 Board Release Time ....................................................................................................................9 ARTICLE 6: MANAGEMENT RIGHTS ................................................................................................................10
6.1 Exclusive Control of Certain Aspects. .......................................................................................10
6.2 Not Subject to Grievance Procedure........................................................................................11
6.3 Meet and Confer.......................................................................................................................11 ARTICLE 7: COMPENSATION ...........................................................................................................................11
7.1 Salary Schedule Adjustments....................................................................................................11
7.2 Salary Advancement - Full-time Employees.............................................................................11
7.3 Salary on Promotion. ................................................................................................................13
7.4 Salary on Demotion...................................................................................................................13
7.5 Salary on Reinstatement...........................................................................................................14
7.6 Salary on Transfer. ....................................................................................................................14
7.7 Salary on Position Reclassification............................................................................................14
7.8 Special Salary Adjustments. ......................................................................................................14
7.9 Overtime. ..................................................................................................................................14
7.10 Standby Pay...............................................................................................................................15
7.11 Call-Out Pay...............................................................................................................................15
7.12 Compensation for Layoff. .........................................................................................................15
7.13 Compensation during Suspension. ...........................................................................................15
7.14 Salary on Voluntary Demotion..................................................................................................15
7.15 Bilingual Pay. .............................................................................................................................16
7.16 Acting Appointments. ...............................................................................................................16
7.17 Shift Differential. .......................................................................................................................17
7.18 Public Safety Dispatcher II Training Incentive. .........................................................................17
7.19 Compensation for Vehicle Use. ................................................................................................17 AFSCME | January 1, 2026 – December 31, 2028 3 | P a g e 4909-6787-4960 v1
7.20 Restitution.................................................................................................................................17
7.21 Error in Determination of Correct Salary Rate. ........................................................................17
7.22 Specialized Licenses. .................................................................................................................18
7.23 Re-opener (Dispatch EMD ) ......................................................................................................18 ARTICLE 8: RECRUITMENT AND SELECTION ...................................................................................................18
8.1 Physical Requirements..............................................................................................................18
8.2 Separation. ................................................................................................................................18
8.3 Voluntary Demotion. ................................................................................................................19
8.4 Transfer. ....................................................................................................................................19 ARTICLE 9: PROBATION ...................................................................................................................................19
9.1 General Unit Employees. ..........................................................................................................19
9.2 Probationary Period - Public Safety Dispatchers and Ambulance Operators..........................19
9.3 Probation on Promotion or Reinstatement. ............................................................................19
9.4 Objective of Probationary Period. ............................................................................................20
9.5 Satisfactory Completion of Probation Period...........................................................................20
9.6 Unsuccessful Probation Period.................................................................................................20
9.7 Probation Following Layoff. ......................................................................................................20
9.8 Voluntary Probation..................................................................................................................20 ARTICLE 10: EMPLOYEE LAYOFF PROCEDURES ..................................................Error! Bookmark not defined.
10.1 Purpose for Layoffs. ..................................................................................................................21
10.2 Bargaining Unit Notification. ....................................................................................................21
10.3 Order of Layoff..........................................................................................................................21
10.4 Layoff and Seniority. .................................................................................................................21
10.5 Layoff Notice. ............................................................................................................................21
10.6 Reassignment............................................................................................................................22
10.7 Reinstatement List. ...................................................................................................................22 ARTICLE 11: CONDUCT AND DISCIPLINE.........................................................................................................22
11.1 Standards of Conduct. ..............................................................................................................22
11.2 Improper Employee Conduct. ..................................................................................................22
11.3 Disciplinary Action.....................................................................................................................24
11.4 Hearings Appeals and Grievances. ...........................................................................................27 ARTICLE 12: ATTENDANCE AND LEAVES.........................................................................................................29
12.1 Attendance at Work; Absence without Leave..........................................................................29
12.2 Automatic Resignation..............................................................................................................29
12.3 Hours of Work...........................................................................................................................30
12.4 Work Week. ..............................................................................................................................30
12.5 Leave of Absence. .....................................................................................................................32
12.6 Vacation Leave. .........................................................................................................................33
12.7 Discretionary Time Off..............................................................................................................34
12.8 Compensatory Time..................................................................................................................34
12.9 Holidays.....................................................................................................................................34 AFSCME | January 1, 2026 – December 31, 2028 4 | P a g e 4909-6787-4960 v1
12.10 Sick Leave. .................................................................................................................................36
12.11 Unauthorized Leave. .................................................................................................................38
12.12 Catastrophic Leave Donation....................................................................................................38 ARTICLE 13: GRIEVANCE PROCEDURES ..........................................................................................................39
13.1 Matters Subject to Grievance Procedures. ..............................................................................39
13.2 Informal Grievance Procedure. ................................................................................................39
13.3 Formal Grievance Procedure....................................................................................................40
13.4 Appeal to the City Manager......................................................................................................40
13.5 Extension of Time Limitations. .................................................................................................40
13.6 The City and AFSCME agreed to remove several articles from the MOU ...............................40 ARTICLE 14: EMPLOYEE REPORTS AND RECORDS ..........................................................................................40
14.1 Personnel File............................................................................................................................40
14.2 Disclosure of Information. ........................................................................................................41 ARTICLE 15: EDUCATIONAL INCENTIVE ..........................................................................................................41 ARTICLE 16: FRINGE BENEFITS ........................................................................................................................41
16.1 Enrollment in Group Insurance Plans.......................................................................................41
16.2 Public Employees Retirement System......................................................................................44
16.3 Uniform and Equipment Allowances........................................................................................44
16.4 Deferred Compensation. ..........................................................................................................45
16.5 Short Term and Long-Term Disability.......................................................................................45
16.6 Wellness Program. ....................................................................................................................45
16.7 AOs Re-certification and Re-licensure......................................................................................45
16.8. The City and Union agree to meet and confer to develop an AO advancement policy..........46 ARTICLE 17: AGREEMENT ALL INCLUSIVE.......................................................................................................46 AFSCME | January 1, 2026 – December 31, 2028 4 | P a g e 4909-6787-4960 v1
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Memorandum of Understanding between the City of Cathedral City and the American Federation of State, County and Municipal Employees, Local 3961 (AFSCME) Relating to General Employees.
(January 1, 2026 – December 31, 2028).
This Memorandum of Understanding is entered into with reference to the following facts:
A. The Cathedral City Local of the American Federation of State, County and Municipal Employees, Local 3961, is recognized under the provisions of the Meyers-Milias-Brown Act of the State of California as the majority representative of the following employees:
All full-time employees of the City of Cathedral City, except sworn firefighters, sworn police officers, executive,
administration, management, professional and confidential employees, as defined in City Resolution 82-84 Sections E and G, Administrative support in the City Manager’s office and to the City Council, City Clerk and any staff member assigned in Human Resources, and confidential Administrative Assistants to Department Heads.
B. The Cathedral City Local of the American Federation of State, County and Municipal Employees (hereinafter sometimes referred to as "AFSCME") and representatives of the Municipal Employee Relations Representative of the City of Cathedral City (hereinafter sometimes referred to as the "City") have met and conferred in good faith on wages, hours, and other terms and conditions of employment for the employees represented by AFSCME in the bargaining unit listed above, and have reached agreements which are set forth in this Memorandum of Understanding (hereinafter sometimes referred to as the "MOU" or "Agreement").
C. This Memorandum of Understanding is established in accordance with the provisions of the Meyers-Milias-Brown Act (Government Code §3500, et seq.), effective only upon ratification by the City Council of the City of Cathedral City.
D. The City will comply with Section 104 of the City Charter.
Subject to the foregoing limitations, AFSCME and the City of Cathedral City agree as follows:
ARTICLE 1: MAINTENANCE OF MEMBERSHIP; CONTRACT BAR; PETITIONS FOR DECERTIFICATION; DUES AND OTHER DEDUCTIONS
1.1 Maintenance of Membership; Contract Bar; Petitions for Decertification. All general employees of the City of Cathedral City who are covered by this Agreement and who are members of AFSCME shall continue and maintain their membership in AFSCME for the duration of this Agreement, except as follows: any AFSCME member may withdraw from membership during the first five (5) working days of July. Employees withdrawing from AFSCME must submit their request to the City and AFSCME in writing.
AFSCME agrees to enforce this provision and to indemnify and hold harmless the City, its AFSCME | January 1, 2026 – December 31, 2028 6 | P a g e 4909-6787-4960 v1
officers and employees, from all liabilities and/or damages arising from the operation of this Article. This Memorandum of Understanding shall further constitute a bar to the implementation of section 11(A)(2) of City Resolution 82-84, except that the City shall accept a petition for decertification of AFSCME only during the 30-60-day period prior to the expiration of this Agreement.
1.2 Dues and Other Deductions.
The Association will maintain records of employee authorizations for dues deductions and shall provide the City with information regarding the amount of dues deductions and the list of Association members who have authorized dues deductions. To the extent required by the Government Code, the City shall rely on the information provided by AFSCME and deduct those authorized dues.
The employee’s earnings must be sufficient after other legal and required deductions are made to cover the amount of the dues. When an employee is in a non-pay status for an entire pay period, no deduction will be made to cover the pay period. In the case of an employee who is in a non-pay status during part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this circumstance, all other legal and required deductions (including health care deductions) have priority over Association dues.
AFSCME agrees to enforce this provision and to indemnify and hold harmless the City, its officers and employees, from all liabilities and/or damages of any nature arising from the application of this section.
ARTICLE 2: SEVERABILITY
It is understood and agreed by the parties that this MOU is subject to all present and future applicable Federal and State laws and regulations, and the provisions hereof shall be effective and implemented only to the extent permitted by such laws and regulations. The parties hereto have bargained with regards to some provisions which are covered by the Fair Labor Standards Act, and, to the extent that the Fair Labor Standards Act permits employers and employee groups to contract for modification of the procedures otherwise utilized under the Fair Labor Standards Act, and to the extent that such modification is authorized by Federal law, the parties intend that this contract shall take precedence over the provisions of the Fair Labor Standards Act. If any part of this Agreement is in conflict or is found to be inconsistent with such applicable provisions of State or Federal law or regulation, or otherwise found to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended, and the provisions of the applicable laws and regulations shall prevail; in such event, however, the remainder of this MOU shall not be affected thereby and shall remain in full force and effect.
ARTICLE 3: STRIKES AND/OR JOB ACTIONS
AFSCME, on behalf of all of its members, agrees that neither AFSCME, nor its representatives, nor members of the Cathedral City Chapter of AFSCME, shall engage in, cause, instigate, encourage, or condone a strike or job action of any kind during the term of this Agreement.
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ARTICLE 4: TERM
This Agreement shall be in effect beginning January 1, 2026, and shall continue in full force and effect until December 31, 2028.
ARTICLE 5: GENERAL PROVISIONS
5.1 Safety and Health. The City and its’ employees shall comply with CAL/OSHA safety laws, rules and regulations. The City shall provide training, equipment and compliant facilities in order to allow employees to follow safe practices. All employees shall follow safe practices as trained, use personal protective equipment as required, render every possible aid to safe operations, and report all unsafe conditions or practices. Special equipment, if it is required, shall be provided by the City.
5.1.1 Impairment. No employee shall work, or be permitted to work, at any time when his or her ability to work is visibly impaired by alcohol, intoxicating liquors, controlled substances, drugs (legal or otherwise), or any other substance which renders the employee's condition hazardous to himself/herself or to others. No employee shall have in his or her possession any intoxicating substance, illegal drugs or controlled substances while on duty. An employee may have in their possession a medication for which she/he holds a valid prescription.
5.1.2 Safety Equipment. Any safety equipment required by the City or by OSHA regulations shall be provided and replaced by the City; an employee will be responsible for replacement of equipment damaged through abuse. Winter jackets will be provided once every three years for Public Works, Building Inspectors, Senior Facilities Workers. Facilities Maintenance Workers 1 & 2, Assistant Engineers, Junior Engineers, and Permit Technicians. The employees will be consulted as a group to gain consensus about which jackets to purchase. All jackets will be the same and jackets that are damaged in the course of employment will be replaced. All boots that are damaged in the course of employment will be replaced.
5.1.3 In order to improve standards regarding updating Health and Safety procedures, address Health and Safety issues by department, the Union and the employer shall convene as a Health and Safety Committee quarterly to begin no later than the 90 th day from the ratification of this agreement. The committee shall be comprised of two designated members from the Union and two employer representatives.
5.2 Employee Activities. During the employee's workday, they is expected to devote their full time in the performance of their assigned duties as a City employee. No employee shall engage in any outside employment, enterprise, or remunerated activity without the prior approval of their department head or appointing power. At no time shall any such outside employment or activity be conducted on City time. No employee shall engage in any employment, outside activity or enterprise which is inconsistent, incompatible, in conflict with, or interferes with their ability to perform the duties, functions or AFSCME | January 1, 2026 – December 31, 2028 8 | P a g e 4909-6787-4960 v1
responsibilities of their position as a City employee, nor shall they engage in any outside activity which will directly or indirectly contribute to the lessening of their effectiveness as a City employee. No employee shall engage in any type of activity relating to an employee organization during such time as employee is on duty, except as expressly permitted by the City Manager or designee, State and Federal laws, MOU, or Council resolution.
5.3 Inconsistent Employee Activities. In making a determination as to the consistency or inconsistency of outside activities, the department head or appointing power shall consider, among other pertinent factors, whether the activity:
A. Involves receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course of their City employment as a part of their duties as a City employee; or,
B. Involves conditions or factors which would be incompatible or in conflict with the duties, functions or responsibilities of the employee in their regular City employment; or,
C. Involves the performance of an act in other than their capacity as a local agency officer or employee which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement of any other officer or employee or the agency by which they is employed; or,
D. Involves such time demands as would render performance of their duties as a local agency officer or employee less efficient; or,
E. Involves the use for private gain or advantage of City time, facilities, equipment and supplies, prestige, influence, or confidential information of one's City office or employment; or,
F. Involves the solicitation of future employment with a business having business transactions with the City over which the employee has some control or influence in their official capacity at the time of the transaction.
5.4 Improper Use of City Equipment Prohibited. No City-owned equipment, autos, trucks, instruments, tools, supplies, machines, badges, identification cards, or other items which are the property of the City shall be used by an employee except upon prior approval of the employee's department head or appointing power or designee duly authorized to give such approval.
5.5 Political Activity. Except as necessary to meet State or Federal law requirements, no restrictions shall be placed on the political activities of any officer or employee of the City of Cathedral City other than the following:
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A. Use of office, authority or influence to obtain change in position or compensation. No employee shall directly or indirectly use, promise, threaten or attempt to use their office, authority or influence, to secure, or to obstruct or prevent another person from securing, any position, nomination, confirmation, promotion, or change in compensation or position within the City, upon the condition that their vote or another's vote, influence or action shall be given or used on behalf of, or withheld from, any candidate, officer, or party, or upon any other corrupt condition or consideration. (Government Code §3204) B. Soliciting political funds or contributions from other officers or employees. No employee shall directly or indirectly solicit political funds or contributions from other employees of the City. The employee, however, is not prohibited from communicating through the mail or by other means, requests for political funds or contributions to a significant segment of the public which may include officers or employees of the City. (Government Code §3205)
C. No employee shall engage in political activity during working hours nor engage in political activities on City premises. (Government Code §3207) D. No employee of the City may engage, during their working hours, in the solicitation or receipt of political funds or contributions to promote the passage or defeat of a ballot measure which would affect the rate of pay, hours of work, retirement, civil service or other working conditions of the employees of the City; nor shall entry be permitted into the workplace during working hours for those purposes. (Government Code §3209)
5.6 Board Release Time
A. Up to six (6) AFSCME Board Members shall be afforded a combined total of up to 120 hours per calendar year to use for union related business and training.
B. No individual AFSCME Board Member shall take more than 60 hours of release time in any one calendar year.
C. AFSCME Board Members shall provide reasonable advance notice, to their supervisor, for release time and obtain prior approval. If a Board Member provides less than 72 hours’ notice to their supervisor, the Board Member will be solely responsible for obtaining coverage for their shift, in order to take the release time.
D. Release time is not considered time worked for the purposes of calculating overtime.
E. Release time has no cash value and any unused time expires at the end of the calendar year and does not carry over into the next calendar year.
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ARTICLE 6: MANAGEMENT RIGHTS
6.1 Exclusive Control of Certain Aspects. The City of Cathedral City retains all its exclusive rights and authority under State law, and expressly and exclusively retains its management rights, which include, but are not limited to:
A. the exclusive right to determine the mission of its constituent departments, commissions, boards;
B. set standards and levels of service;
C. determine the procedures and standards of selection for employment and promotions;
D. direct its employees;
E. establish and enforce dress and grooming standards;
F. determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons;
G. maintain the efficiency of governmental operations;
H. determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted;
I. determine the content and intent of job classifications; J. determine methods of financing;
K. determine style and/or types of City-issued wearing apparel, equipment or technology to be used;
L. determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted; M. determine and change the number of locations, relocations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operations of the City;
N. assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice;
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O. establish and modify productivity and performance programs and standards; P. discharge, suspend, demote, reprimand, withhold salary increases and benefits or otherwise discipline employees in accordance with applicable law; Q. establish employee performance standards including, but not limited to, quality and quantity standards, and to require compliance therewith; take all necessary actions to carry out its mission in emergencies; and
R. exercise complete control and discretion over its organization and the technology of performing its work.
6.2 Not Subject to Grievance Procedure. The exercise by the City through its City Council and management representatives of its management rights as set forth above shall not in any way, directly or indirectly, be subject to the grievance procedure unless the matter is covered in this MOU.
6.3 Meet and Confer. Notwithstanding section 6.1, except in emergencies, whenever the exercise of management’s rights shall impact employee members of AFSCME, the City agrees to meet and confer with representatives of AFSCME regarding the impact of the exercise of such rights, unless the matter of the exercise of such rights is provided for in this MOU or in the Personnel Rules and Regulations, Safety Resolutions and Municipal Code which are incorporated herein by reference in this MOU. By agreeing to meet and confer with AFSCME as to the impact of the exercise of any of the foregoing City rights, management’s discretion in the exercise of these rights shall not be diminished.
ARTICLE 7: COMPENSATION
7.1 Salary Schedule Adjustments. Salaries will be increased by the following amounts on the first full pay period following the effective date:
A. 3% effective the first pay period following ratification B. 3% effective the first pay period following January 1, 2027 C. 3% effective the first pay period following January 1, 2028
7.2 Salary Advancement - Full-time Employees. Except as otherwise provided in this Article, full-time employees may be considered for an increase in salary according to the following rules:
7.2.1 Merit Increase Advancement. Advancement to the next higher merit increase step shall be automatic, on the employee’s review date, unless an employee receives an overall below standard rating, prior to such review date.
When an employee is denied an increase, they may be reconsidered for such advancement at any subsequent time with a satisfactory performance evaluation.
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7.2.2 Advancement Schedule.
A. Merit Steps 1 through 5: Advancement to a next higher merit increase step may be made after a twelve (12)-month interval from the hire date or the date of the last merit increase, whichever is most recent, for continued satisfactory services. Steps 2 through 5 shall be compensated approximately 5% higher than the prior Step.
B. Merit Steps 6 through 8: Advance may occur after two (2) years satisfactory service in the next preceding step in the respective salary range. These steps shall be compensated approximately 2.5% higher than the prior Step.
C. Series Advancement. For employees who occupy the beginning classification within a classification series (i.e. Maintenance Worker I, Office Assistant I, Building Inspector I, etc.), the yearly evaluation of the employee shall indicate whether the employee is eligible for series advancement or not. If the employee is determined to be ineligible for advancement, the evaluator shall indicate in writing the areas of improvement, knowledge and experience desired in order to be considered for advancement during the next evaluation period.
Employees shall be provided reasonable opportunity during the next evaluation year to experience assignments that have been deemed necessary to fulfill advancement requirements conditional on operation needs and if practical.
7.2.2.1 Advancement Schedule – Ambulance Operators.
City and Association agree to modify current Pay Schedule for AO’s by getting rid of Step 1 for both the paramedic and EMT classifications. New employees will start at the new Step 1 (former step 2) and longevity will only apply after Step 6 as follows:
A. Merit Steps 1 through 5: Advancement to a next higher merit increase step may be made after a twelve (12)-month
interval from the hire date or the date of the last merit increase, whichever is most recent, for continued
satisfactory services.
B. Merit Steps 6 through 7: Advance may occur after two (2) years satisfactory service in the next preceding step in the respective salary range.
7.2.3 Performance Evaluation Grievance. A performance evaluation which recommends against timely implementation of the next scheduled merit increase or which reasonably indicates future denial is likely, shall be subject to grievance under the grievance procedures specified in Article 13. Even without resort to AFSCME | January 1, 2026 – December 31, 2028 13 | P a g e 4909-6787-4960 v1
the grievance procedure, the employee shall in any event have the right to attach a written rebuttal to the performance report, and the rebuttal shall become part of the City's personnel records on that employee.
7.2.4 Longevity Increments.
A. Employees will be provided with an additional salary increment after fifteen (15) years of employment with the City. This increment shall be compensated at 7.5% higher than their current pay for CalPERS Level One employees (as defined in Section 16.1.4.a) and 2.5% higher for CalPERS Level Two Classic and PEPRA/New employees.
B. Employees will be provided with an additional salary increment after twenty (20) years of employment with the City. This increment shall be compensated 5% higher than the first longevity increment for CalPERS Level One employees and 2.5% higher for CalPERS Level Two Classic and PEPRA/new employees.
C. Employees will be provided an additional salary increment after twenty- five (25) years of employment with the City. This increment shall be compensated 2.5% higher than the previous longevity increment. This section only applies for Employees hired prior to November 25, 2012.
7.3 Salary on Promotion. Any employee who is promoted to an open position in a class with a higher salary range shall be placed on Step 1 in the new higher range or placed at the step which provides at least a minimum 5% base salary increase for the employee, not to exceed the highest merit increase step of the new range. The employee's merit review date shall change to the effective date of the promotion for consideration in subsequent years.
When economic conditions, unusual employment conditions or exceptional qualifications of a candidate for promotion indicate that a higher merit increase step would be in the City's best interests, upon written recommendation of the department head, the City Manager may authorize payment of salary at a higher merit increase step in the salary range.
7.4 Salary on Demotion. Any employee who is demoted may be placed at a lower step or may be placed at a step in a lower range or may be placed at step "Y" which is equal to the employee's current salary step. The employee's merit review date shall not change.
An employee receiving Step "Y" shall remain in the Step "Y" until such time as the position is assigned to a salary range in which the last step is equivalent to or higher than the Step "Y", at which time the employee shall be placed in the next highest step. Such employee shall not receive salary adjustments until such time as Step "Y" is equivalent to or less than the highest merit increase step of the salary range of the employee's position.
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7.5 Salary on Reinstatement. An employee who resigned in good standing may, within one (1) year of such resignation and upon recommendation of the department head and approval of the City Manager, be reinstated in a position in the class in which the employee had previously served, subject to an available budgeted position. Upon such reinstatement, the employee shall not receive a salary higher than the step in the salary range the employee previously received prior to the employee's separation. The em- ployee shall be given a new merit review date, as if a new hire.
7.6 Salary on Transfer. Any employee who is transferred from one position to another position in the same class, or to another position in a classification having the same salary range, shall be compensated at the same step in the salary range as the employee previously received. The employee's merit review date shall not change.
7.7 Salary on Position Reclassification. When an employee in the classified service is reclassified to a lower classification, the employee shall retain their rate of pay and their merit review date or shall be placed in the step of the lower salary range closest to the employee's salary rate. If the last step of the salary range of the lower job class is lower than the employee's salary rate, the current salary step shall be identified as Step "Y" because of a downward reclassification, and the employee shall remain in the Step "Y" until such time as their job is assigned to a salary range in which the highest step is equivalent to or higher than the Step "Y", at which time the employee shall be placed in the next higher step. Such employee shall not receive annual or other periodic salary adjustments until such time as Step "Y" is equivalent to or less than the highest step of the salary range of the employee's reclassified position. When an employee is reclassified to an equivalent classification, the employee shall retain their salary rate and merit review date. When an employee is reclassified to a higher classification, the employee shall be placed on Step 1 in the new higher range or placed at the step which is a minimum 5% base salary increase for the employee, not to exceed the highest merit increase step of the new range. The employee's merit review date shall change to the effective date of the reclassification for consideration in subsequent years.
7.8 Special Salary Adjustments. A department head may recommend in writing to raise an employee's salary step to a higher merit increase step prior to the eligibility times specified in this Article so as to recognize meritorious service, advanced educational achievements or other extraordinary attributes related to the employee's public service.
Such increased compensation is subject to the approval of the City Manager and the availability of budgeted funds. The employee's merit review date shall change to the effective date of the special increase.
7.9 Overtime. A department head may require an employee to work beyond the employee's regular hours of employment. If the employee works in excess of forty (40) hours in a work week, such employee shall be paid at one and one-half (1-1/2) times the employee's regular rate of pay, or receive compensatory time at one and one-half (1-1/2) times hours worked. Paid time off (vacation leave, sick leave, comp time, float, etc.) is not considered time worked for purposes of calculating overtime, except that holidays shall be considered time worked.
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7.10 Standby Pay. A department head may designate any number of persons for standby assignment on “regularly scheduled days off a normal work week”, subject to approval of the City Manager. Pay for designated standby shall be dependent on an employee’s shift (For example, 8 hour employees get 8 hours of standby time, 10 hour employees get 10 hours of standby time, and 12 hour employees get 12 hours of standby time regular pay per scheduled days off period, regardless of duration). Assignments will be on a rotating basis, where possible, and the designee will be provided with a means of communication.
7.11 Call-Out Pay. The City shall pay a minimum of four (4) hours at time and one-half for any call-out during any “regularly scheduled days off a normal work week” or after hours call-out if the employee had been released from work on a normal business day. Call-Out pay is not considered time worked for purposes of calculating overtime. However, any actual time that an employee is called in to work will be considered time worked for purposes of calculating overtime.
a. When an employee is required to attend a court hearing on behalf of the city on their day off, they shall be entitled to a minimum of two (2) hours pay.
7.12 Compensation for Layoff. An employee who is terminated from the classified service of the City as a result of a layoff shall be paid for accrued vacation and accrued Comp Time. Payment shall also be made under the provisions of Section 12.10, if a laid off employee has three (3) or more years of employment with the City. Accrued sick leave shall be restored to an employee if the employee is reemployed within one (1) year.
Should an employee be reemployed in the formerly held position, the employee shall be placed at the same salary step as when the layoff occurred. No credit shall be received toward a step increase or seniority during the period of layoff.
Employees who have attained regular status at the time of layoff and who are reemployed within a period of one (1) year shall retain their assigned merit review dates.
Regular employees who are reemployed after a period of one (1) year will be assigned a new merit review date.
7.13 Compensation during Suspension. An employee who is suspended with pay under the disciplinary procedures of Article 11 shall be paid that salary the employee was entitled to prior to the suspension. An employee who is suspended without pay under the disciplinary procedures of Article 11 shall not be paid for those specific days of suspension. Additionally, an employee suspended without pay shall not accrue sick leave, vacation, seniority or other benefits during a suspension of more than fifteen (15) working days, except that health and life insurance benefits will be maintained.
7.14 Salary on Voluntary Demotion. At the discretion of the City Manager, any employee who elects to take a voluntary demotion may be placed at a lower step, or may be placed at a step in a lower range or may be placed at Step "Y" which is equal to the employee's current salary step. The employee's merit review date shall not change.
An employee receiving Step "Y" shall remain in the Step "Y" until such time as the position is assigned to a salary range in which the highest merit increase step is equivalent to or AFSCME | January 1, 2026 – December 31, 2028 16 | P a g e 4909-6787-4960 v1
higher than the Step "Y" at which time the employee shall be placed in the next higher merit increase step. Such employee shall not receive salary adjustments until such time as Step "Y" is equivalent to or less than the highest step of the salary range of the employee's position.
7.15 Bilingual Pay.
A. Employees who have the ability to fluently converse in Spanish or a City- Manager-approved second language may be designated as a bilingual employee required to use their skills as a part of their City employment. This designation must be made by the appropriate department head and approved by the City Manager or designee in writing. Designated employees shall receive a stipend of $100 per pay period. Eligible employees must successfully complete an initial assessment test to receive such designation. An employee who fails the assessment test may re-take the test every six (6) months. Changes to the assessment process are subject to meet and confer.
B. Emergency Services Personnel shall receive a stipend of $125 per pay period in accordance with eligibility requirements in 7.15.A
C. An employee’s refusal to use bilingual skills will result in the elimination of the bilingual pay. However, an employee who expressed their reasonable concern about accurately interpreting for a given situation shall not be considered refusing to use said skill. Employees on any form of leave time in excess of (1) month shall be ineligible to receive bilingual pay until the employee returns to duty. The parties agree that bilingual pay shall be reported to CalPERS. CalPERS shall determine whether it is pensionable under the law.
7.16 Acting Appointments. In the event an employee is temporarily assigned to a higher classification by a department head, after receiving the approval of the City Manager, the City shall grant the employee a five percent (5%) stipend of their base rate of salary, for working in an assignment in a higher classification. Working at a higher classification shall mean that the employee is performing a significant part of the duties of a position in a higher salary range. Employees will begin to receive the adjusted compensation on the first day they work in a higher classification.
Generally, employees may not be assigned to work in a higher classification for longer than six (6) months. However, an extension of this time may be approved in writing with the concurrence of the Department Head and the Human Resources Manager for up to an additional six (6) months, for a total term of twelve (12) months.
To the extent permitted by law (2 CCR section 571), compensation for working at a higher assignment shall be reported to CalPERS as a special compensation for Classic CalPERS members.
Compensation for temporary assignment to a higher classification does not extend to cash outs, as this is a stipend.
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7.17 Shift Differential. Employees covered by this agreement, except Ambulance Operators, shall receive a shift differential of 5% of salary, over and above the regularly established salary for the job performed, for the hours worked between 6:00 pm and 6:00 am.
7.18 Public Safety Dispatcher II Training Incentive. When an employee in the classification Public Safety Dispatcher II is requested to train an employee, he or she shall receive a five percent (5%) stipend during the period of time he or she is required to provide such training.
For the purposes of this section, training is formal instruction: on how to take calls, on how to dispatch an appropriate response, on making entries into NLETS, on fielding calls and on protocols at a dispatcher console.
7.19 Compensation for Vehicle Use. Compensation for an employee’s use of their personal vehicle shall be in accordance with the City’s Travel Expenses Policy.
7.20 Restitution. An employee may be required in a manner approved by the City Manager to provide restitution to the City of Cathedral City for willful, reckless, wanton or malicious destruction of City property.
7.21 Error in Determination of Correct Salary Rate. Should an employee be advanced to a higher step in the salary range for their class than that for which they were recommended, or receive additional pay than that authorized, or accrue leaves or receive other benefits through error, such error shall be corrected immediately following its discovery. Reimbursement to the City by the employee of the overpayment caused by said error shall be made by one of the following methods or a combination thereof:
A. Application of accrued equivalent time off for overtime service; B. Application of equivalent time off for overtime service earned during the time immediately following the date of the discovery of said error; C. Application of the increase in the employee's salary following their next merit or longevity merit salary increase; or
D. Any other method mutually agreed to.
Determination of which one or combination of the above methods of reimbursement should be used shall be made by the department head subject to the approval of the City Manager, subject to the grievance procedures of Article 13. Should the employee terminate before full reimbursement to the City has been made the money required to complete reimbursement shall be deducted from their last paycheck, if authorized by law.
However, the City shall not collect for any period earlier than an overpayment for the preceding twelve (12) months from discovery. Other salary overpayments shall be reimbursable under the procedures and guidelines set forth in this Section.
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7.22 Specialized Licenses. When an employee is directed to utilize a certificate or specialized license, he or she shall receive a five percent (5%) stipend, in hourly increments during the time it is being utilized.
When an employee is required by Management to maintain a Class A Driver’s License, the employee shall receive $100 per month in compensation for maintaining the license. He or she shall also receive an additional five percent (5%) of their base rate, in hourly increments during the time it is being utilized. This is inclusive of employees required to participate in the City mandated screening programs.
City shall bear the cost of obtaining certificates and licenses. The City shall also bear the cost of maintaining all certificates and licenses except Class A licenses, per above.
7.23 Re-opener (Dispatch EMD )
The City and Association agree that in December of 2023, the parties will re-open the contract for the following purposes related to the Dispatch EMD:
a) To evaluate and determine if there are any additional job duties b) To review the City’s job description
c) To determine what, if any, stipend should accompany the Dispatch EMD certificate
ARTICLE 8: RECRUITMENT AND SELECTION
8.1 Physical Requirements. The City Manager may require that all employees be able to perform the essential duties of their jobs, with or without reasonable accommodation, and without creating unreasonable risk to their own health and safety or that of others.
No employee shall hold any position in a classification in which s/he cannot perform all the essential functions thereof, with or without reasonable accommodation, and without creating unreasonable risk to their own health and safety or that of others. Within the limitations indicated, the City's policy shall be to make such efforts as are consistent with the provisions of this Agreement to place physically disabled employees in such positions as are available in the City service for which they are qualified, where their disabilities will not substantially affect their performance of duties. Except as otherwise required by the U.S. Americans with Disabilities Act or the California Fair Employment and Housing Act, the employee's qualifications, length of service, nature of past performance and the availability of openings may be considered in placing disabled employees.
8.2 Separation. An employee in the classified service may be separated from employment with the City through retirement, resignation, probationary failure, death, dismissal, layoff, or where the employee, because of disability, cannot perform the essential functions of her/his job, including but not limited to other positions for which the employee may be minimally qualified, where no reasonable accommodation is available or where the employee would create unreasonable risk to their health and safety or that of others. An employee wishing to resign shall file with the employee's supervisor a written resignation stating the effective date. Such resignation shall be presented at least two (2) weeks before leaving the service. The resignation shall be immediately reported AFSCME | January 1, 2026 – December 31, 2028 19 | P a g e 4909-6787-4960 v1
to the Personnel Officer. The other forms of separation described above are explained elsewhere in this Memorandum of Understanding. Prior to separation, an employee must return all City items issued to him/her in order to receive final compensation, failing which the City may withhold from final compensation, to the extent permitted by law, the reasonable value of unreturned property.
8.3 Voluntary Demotion. An employee may request a voluntary demotion under the procedures of Article 7.14 or for reasons stated in a special request to the City Manager.
8.4 Transfer. An employee may be transferred at any time from one position to another position in the same classification. The City Manager may order a transfer for the purposes of economy, efficiency or for reasons related to the best interests of the City.
A request for transfer to a vacant position may be initiated by an employee or the employee's department head. The transfer of an employee from one department to another shall require the approval of the head of the department to which the employee is transferring as well as the Personnel Officer. A department head may consider requests for transfers concurrently with appropriate employment, reemployment, promotion or reinstatement lists. No examination is required of an employee requesting a transfer; however, the employee must possess the qualifications required for the position sought.
ARTICLE 9: PROBATION
9.1 General Unit Employees. For all general unit employees hired after the effective date of this MOU, the first 1040 working hours after a classified service full-time employee has been appointed shall be a probationary period.
9.2 Probationary Period - Public Safety Dispatchers and Ambulance Operators.
Public Safety Dispatcher I shall serve a probationary period of eighteen (18) months, or 3120 working hours, whichever is greater. The 18-month probation can be reduced after 12 months upon recommendation of Department Head to the City Manager or their designee and the approval of the City Manager or their designee.
Public Safety Dispatcher II shall serve a probationary period of twelve (12) months, or 2080 working hours, whichever is greater.
Ambulance Operators hired after the ratification of this agreement shall serve a probationary period of twelve (12) months, or 2080 working hours, whichever is greater.
No current employee, as of the date of ratification of this agreement, shall have their probationary status increased as a result of this article.
9.3 Probation on Promotion or Reinstatement. Except as otherwise provided, upon accepting a reinstatement or an appointment to a different classification, an employee serves a new probationary period of 1040 working hours. Employees assigned to a new classification title resulting from a classification survey, shall not be subject to any new or additional probationary period. Promotions or reinstatements will not be permanent until the successful completion of this probationary period.
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If a probationary employee's performance following a promotion or reinstatement has not been satisfactory, it shall be so stated in a Personnel Action Form. In cases involving a promotion, if a vacancy is available, and if the reason for dissatisfaction does not render the employee unsatisfactory for the former position, the employee shall be returned to a position in the class from which the employee was promoted. If the employee would not be satisfactory in the former position, disciplinary action shall be taken to dismiss the employee, rather than use of "unsatisfactory probation" procedures. If no vacancy exists in such position, the employee shall be placed on a reinstatement list in accordance with Section 10.7. In cases arising from reinstatement, the City Manager, upon receipt of a Personnel Action Form, may authorize the dismissal of the employee for failure to successfully complete probation.
9.4 Objective of Probationary Period. The work and conduct of probationary employees shall be subject to close scrutiny and evaluation. The probationary period shall be regarded as a part of the training and examination process and shall be used for securing the most effective adjustment of a new employee to a position. Individuals employed under City public employment programs, specially funded programs or contracts shall be subject to the probationary provisions of these Rules should they be appointed to a position in the classified service.
9.5 Satisfactory Completion of Probation Period. If a probationary employee's probation period has been satisfactory, and advancement to regular status is warranted, the department head shall so recommend on a Personnel Action Form together with a performance evaluation submitted to the Personnel Officer. The City Manager, upon receipt of these documents, may authorize the end of the employee's probationary period by the execution of a Personnel Action Form. The employee shall only then be advanced to regular status upon completion of the probationary period.
9.6 Unsuccessful Probation Period. If a probationary employee's initial probation period has not been satisfactory, it shall be so stated in a Personnel Action Form. The City Manager, by signing the Personnel Action Form, may authorize the dismissal of the employee. A probationary employee may be dismissed at any time without cause and without the right of appeal or grievance unless otherwise required by law. Notification of dismissal shall be in writing and shall be given to the probationary employee prior to the dismissal unless otherwise required by law.
9.7 Probation Following Layoff. Employees laid off while on probation must serve a new probationary period upon reemployment.
9.8 Voluntary Probation. By mutual written agreement between the City and the employee, approved by AFSCME in writing, a new or additional probationary period may be established for any employee. Such agreement shall not be effective without AFSCME approval.
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ARTICLE 10: EMPLOYEE LAYOFF PROCEDURES
10.1 Purpose for Layoffs. For reasons of economy, of efficiency, or in the interest or mandate of the public, reductions or curtailments of the City services may be required.
Whenever, in the judgment of the City Council, it becomes necessary, the City Council may abolish any position or employment and the employee holding such position or employment may be laid off.
10.2 Bargaining Unit Notification. When a layoff is to occur, the City will notify the designated bargaining unit representative at least sixty (60) calendar days prior to the effective date of layoff. It is understood that, during this period, bargaining unit representatives may submit recommendations regarding layoff alternatives, such as reductions in hours, freezing merit pay increases or other similar programs which will result in a reduction of the City's labor costs.
The notice provided to the bargaining unit representative shall contain reason(s) for the reduction, a listing of departments that are affected, the specific City classifications and numbers within each classification that shall be reduced, and opportunities for placement of affected employees.
The bargaining unit representative shall respond to the City within fifteen (15) days following notice. Should the City and the bargaining unit representative not agree to an alternative to the proposed layoff within this period, the City may proceed to provide a minimum thirty (30) calendar day layoff notice to the affected employees.
10.3 Order of Layoff. Layoff shall be made by classification within the Department. The order of layoff within classification shall be as follows:
1) Temporary (as-needed) employees
2) Probationary employees
3) Individual independent contractors performing the work of the affected classification.
4) Regular employees as defined in section 10.4 below.
10.4 Layoff and Seniority. Affected regular employees shall be laid off in inverse order of seniority. Seniority for regular employees is defined as the length of current continuous permanent service within the employee's classification in the same City department.
Seniority shall be retained, but shall not accrue, during any period of authorized leave of absence (as defined in 12.5).
10.5 Layoff Notice. A written layoff notice shall be sent to the employee at least thirty (30) calendar days prior to the effective date of the layoff. The notice will inform the employee of the following:
1) The reason for the layoff
2) The effective date of the layoff
3) The opportunity to meet with a City representative
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4) The conditions governing reemployment
5) Unemployment Insurance
The layoff notice described above shall not preclude the City from holding individual or group meetings with affected employees to explain the layoff process and employee rights and responsibilities. The bargaining unit representative will be notified three (3) business days prior to any such meetings. The bargaining unit representative will notify the City of any representative or designee that will be present at such meetings.
10.6 Reassignment. A laid off employee shall have reassignment (bumping) rights, based on seniority as defined above, to the most recent, previously held classification in which the employee held permanent status, provided the employee meets the current bona fide occupational qualifications (BFOQ’ s) for the position, and the employee has held permanent status in the position within the last five (5) years. Employees must exercise these rights by notifying Human Resources, in writing, within seven (7) calendar days after receiving written notification of the layoff. For purposes of this section, BFOQ’s shall mean the skills, knowledge and abilities required to perform successfully the duties of the affected position.
10.7 Reinstatement List. In the event of layoff, permanent employees shall be placed on a reinstatement list for the classification from which laid off for up to one (1) year.
Placement on the reinstatement list shall be in order of seniority.
An employee who is about to be laid off may apply promotionally for any vacant position for which they qualifies. An employee who is laid off, or who voluntarily resigns or retires in good standing, may be reinstated for a period up to 36 months. An employee who is reinstated into a new position other than their last position shall serve an initial probationary period as specified in Section 9.3.
ARTICLE 11: CONDUCT AND DISCIPLINE
11.1 Standards of Conduct. It is expected that all City employees shall render the best possible service and reflect credit on the City, and therefore high standards of conduct are essential.
11.2 Improper Employee Conduct. Improper conduct may be cause for disciplinary action up to and including termination of employment. The term "improper conduct" means not only any improper action by an employee in the employee's official capacity, but also conduct by an employee not connected with the employee's official duties that affects the employee's ability to perform official duties, and any improper use of the position as an employee for personal advantage. In addition, improper conduct includes, but is not limited to, the following:
11.2.1 Using, possessing, dealing, distributing, or being under the influence of intoxicating beverages, alcohol, controlled substances, unlawful drugs, or prescribed medication which impairs the employee's ability to perform their work; unprescribed medication, narcotics or unlawful drugs while on duty or at work locations, or reporting to work or operating City vehicles, equipment or AFSCME | January 1, 2026 – December 31, 2028 23 | P a g e 4909-6787-4960 v1
performing their duties under the influence of alcohol, controlled substances, or any unlawful or unprescribed drugs. Notwithstanding the above, an employee may have in their possession a medication for which they holds a valid prescription.
11.2.2 Violation of any Federal, State, or local law directly impacting the employee's fitness for employment.
11.2.3 Unauthorized sleeping while on duty.
11.2.4 Disorderly conduct: fighting, threatening, attempting to inflict bodily injury on another; engaging in dangerous horseplay.
11.2.5 Failure or refusal to comply with a lawful order or to accept a reasonable and proper assignment from an authorized supervisor or City management official.
11.2.6 Inefficiency, incompetence, carelessness, or negligence in performance of duties.
11.2.7 Sexual harassment or other unlawful harassment of another employee or member of the public.
11.2.8 Chronic or excessive absenteeism, whether excused or unexcused, or inconsistent attendance.
11.2.9 Rude or discourteous treatment of other employees or the public.
11.2.10 Dishonesty.
11.2.11 Political activity in violation of the law.
11.2.12 Gambling or promotion of gambling on City premises or while on duty.
11.2.13 Endangering the safety or causing injury to any employee including himself/herself or the public.
11.2.14 Unauthorized disclosure of confidential information as defined by law or by written directive of the City or respective department.
11.2.15 Using the position for financial gain; using the position to solicit work for private business or personal acquaintance or solicitation of work for private business or personal acquaintance while on duty or in uniform.
11.2.16 Failure to perform duties; insubordination.
11.2.17 Inattention to duty, tardiness, carelessness or negligence in the care and handling of City property.
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11.2.18 Loss or misuse of City funds.
11.2.19 Covering up or attempting to conceal defective work, removing or destroying same without permission.
11.2.20 Improper or unauthorized use of City vehicles or equipment or misappropriation of supplies.
11.2.21 Damage to public property or waste of public supplies through misconduct or negligence.
11.2.22 Misuse of sick leave, including using sick leave under false pretenses.
11.2.23 Furnishing false information to secure appointment, or falsification of timecards or other records and reports.
11.2.24 Absence from duty without authorized leave, failure to report after leave of absence has expired or after such leave of absence has been disapproved, revoked, or canceled.
11.2.25 Violation of the provisions of these rules and regulations, departmental rules and policies, or any written policies that may be prescribed by the City.
11.2.26 Acceptance by an employee of any bribe, gratuity, kickback, or other item of value when such is given in the hope or expectation of receiving preferential treatment.
11.2.27 Outside work that creates a conflict of interest with City work or detracts from the efficiency of the employee in the effective performance of City functions.
11.2.28 Failure to obtain or maintain necessary qualification, certificate, or license, which is required as a condition of employment.
11.2.29 Possession of an unsafe driving record for those employees required to operate City vehicles.
11.2.30 Conduct which discredits the City or City personnel.
11.2.31 Or other just cause.
11.3 Disciplinary Action. The purpose of disciplinary action is to correct deficiencies in employee performance, to seek improvement to meet appropriate standards, and/or to correct for violation of City policies. The disciplinary process outlined below has been established to provide general guidelines for a fair method for disciplining employees.
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11.3.1 Types of Discipline. Discipline may be initiated for various reasons, including, but not limited to, violations of City work rules, insubordination or poor job performance. The severity of the action depends on the nature of the offense and an employee's record, and may range from verbal counseling to immediate dismissal.
The normal progressive discipline procedure consists of:
11.3.1.1 Verbal Counseling: An opportunity to communicate in a non- disciplinary fashion that a problem is perceived and that the supervisor is available to help solve it. (Not appealable)
11.3.1.2 Verbal Reprimand: To communicate to the employee that a repeat action may result in more serious disciplinary action. (Not appealable)
11.3.1.3 Written Reprimand: The reprimand shall take the form of a memorandum to the employee including a full, accurate and factual statement of the reason for the reprimand. The reprimand shall be given to the employee. The supervisor shall explain appropriate department standards and policies, employee performance expected in the future and consequences for failure to correct performance or behavior. A copy of the reprimand shall be sent to the human Resources Manager to be placed in the employee’s personnel folder. The employee may respond to the reprimand in writing within ten (10) business days and have such response placed in the employee’s personnel folder. The employee shall have no further right of response or appeal.
11.3.1.4 Suspension: Temporary removal of an employee from their duties without pay for misconduct. Employees may be suspended on the spot when there is a clear threat to the safety of other employees or the public. (Managers must notify the Personnel Director when instituting an on-the-spot suspension as soon as it is practical.)
11.3.1.5 Demotion: In lieu of, or in addition to, other forms of discipline, when facts justify a department head may demote an employee to a lower classification, or pay step. The demotion shall be subject to the notice procedures specified in Section 11.4.1 and shall be subject to appeal in accordance with Section 11.4.
11.3.1.6 Dismissal: The final step in the disciplinary process. When the employee’s conduct has been of a serious nature, uncorrected by previous discipline, or is of such a nature as to render further employment not in the City’s interests, or for other justifiable cause, the department head shall have the right to dismiss the employee. Dismissal shall be final termination of the employee’s employment. Any action of dismissal shall be taken only in AFSCME | January 1, 2026 – December 31, 2028 26 | P a g e 4909-6787-4960 v1
compliance with the notice procedures specified in Section 11.4.1 and shall be subject to appeal in accordance with Section 11.4.
11.3.2 Order of Discipline. Although one or more of these steps may be taken in connection with a particular employee, no formal order or system is necessary.
The City reserves the right to deviate from this policy when it feels that circumstances warrant such a deviation. The City Manager or designee is vested with the authority to determine the appropriate course of action.
11.3.3 Most Severe Discipline. Further steps in the discipline involving suspension, demotion or dismissal should not be taken without consulting the department head and the Human Resources Manager.
11.3.4 Discipline and Probation. An employee serving any probationary period may be discharged without application of the disciplinary process and with no rights of appeal.
11.3.5 Non-Consideration of Outdated Negative Materials. Except for materials related to sustained appealable disciplinary action, in considering any current disciplinary action, the supervisor or department head shall not consider or be influenced by any negative materials in an employee's personnel file if such materials were prepared prior to the employee's most recent performance evaluation, unless the materials were made a part of a personnel evaluation and attached to it. Any materials prepared subsequent to the most recent personnel evaluation are not affected by this provision.
11.3.6 Suspension, Demotion, Dismissal. Subject to the Hearings and Appeals Procedures specified in Section 11.4.2 the City may:
11.3.6.1 Impose a suspension without pay upon an employee when, in their judgment, such action will best serve the interests of the City. Such suspension shall, however, not exceed a period of thirty (30) working days except that if the suspension is imposed because of an employee's trial by a court of law, the suspension may extend to such time as that court has rendered its decision.
Suspension of less than two (2) days is subject to appeal to the City Manager or City Manager designee mutually agreeable to
employee and City Manager within five (5) working days. The City Manager or designee will render a decision within thirty (30) calendar days and said decision shall be final. The employee may respond in writing within ten (10) working days and have the response attached to the notice of suspension.
11.3.6.2 Demote a regular employee to a position in a lower class with an appropriate reduction in pay or a reduction in pay step, for reasons including, but not limited to, unsatisfactory performance.
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11.3.6.3 Dismiss for cause any regular employee.
11.3.6.4 Only discipline involving suspension, demotion, or dismissal is subject to an appeal.
11.4 Hearings Appeals and Grievances.
11.4.1 Pre-Discipline Meeting Procedures.
11.4.1.1 Prior to undertaking any of the personnel actions set forth in Section 11, the department head, or designee shall first provide the employee with a written specification of reasons for the proposed action and all documents relied on to support the action being taken. The statement shall either be delivered personally to the employee or sent by Certified Mail, Return Receipt Requested, and shall notify the employee of their right to request a meeting with the department head. The employee may, accordingly, request a meeting to determine if there is cause for the proposed personnel action. A request for a meeting must be in writing and must be delivered to the department head on or before five (5) working days after the employee's receipt of notice of intended action.
11.4.1.2 Upon receipt of the Request for Meeting, the department head shall notify the employee of the time and place for a meeting to be held not later than ten (10) working days after receipt of the request therefore. The employee shall be entitled to be present at such meeting together with an attorney and/or designed
representative. The meeting is to be conducted by the department head or designee and shall provide the employee with the opportunity to refute, explain, or otherwise address the proposed statement of charges. All decisions of the department head or designee shall be rendered within ten (10) working days after conclusion of the meeting, and shall be final unless timely appealed by the employee as provided in the section entitled, "Appeals Procedures."
11.4.2 Appeals Procedures.
11.4.2.1 Any regular employee subjected to any disciplinary action set forth herein (suspension, demotion, or dismissal) may appeal any decision of the department head or designee by filing a written Notice of Appeal with the City Manager or designee within five (5) working days after their receipt of the decision. The employee's appeal shall be heard by an impartial hearing officer selected in a manner mutually agreeable to the City Manager and the employee; if no agreement is reached the hearing officer shall be selected from a list of advisory arbitrators from the California State AFSCME | January 1, 2026 – December 31, 2028 28 | P a g e 4909-6787-4960 v1
Mediation Conciliation Service or from a list agreed to between the City Manager and the employee.
11.4.2.2 The employee may be represented by their Association/Union representative, any other regular employee of the City; or their attorney.
11.4.2.3 The Hearing Officer shall issue subpoenas to compel the attendance of witnesses, if such be necessary at the request of either party.
11.4.2.4 The hearing shall be recorded by a certified shorthand reporter.
Expenses for such recording services shall be borne equally by the City and the Union, provided, however, that each party shall be responsible for any specialized or extraordinary services they might individually request.
11.4.2.5 The expenses for the hearing officer shall be borne equally by the City and Union, and each party shall be responsible for expenses they incur.
11.4.2.6 After the close of the hearing the Hearing Officer shall prepare written findings of fact and conclusions of law based on the evidence presented at the hearing and shall present their findings to the City Manager and the employee within thirty (30) calendar days. In rendering a recommendation, the Hearing Officer shall be limited to the express terms of this document and shall not have the power to modify, amend, or delete any terms or provisions of this document. Failure of either party to insist upon compliance with any provision of this document at any given time or times under any given set or sets of circumstances shall not operate to waive or modify such provision, or in any manner whatsoever to render it unenforceable, as to any other time or times or as to any other occurrence or occurrences, whether the circumstances are, or are not, the same.
11.4.2.7 At the hearing, both the appealing employee and the City shall have the right to be heard and to present evidence.
11.4.2.8 Oral evidence shall be taken only on oath or affirmation.
11.4.2.9 Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issue even though the matter was not covered in the direct examination, to impeach any witness regardless of which party first called him/her to testify, and to rebut the evidence against him/her. If the respondent does not testify in their own behalf, they may be called and examined as if under cross-examination.
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11.4.2.10 The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules that might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.
11.4.2.11 The City Manager or designee may, if they deems appropriate, review the Hearing Officer's recommendation but shall not be bound thereby. If the City Manager makes a decision not to follow the Hearing Officer's recommendation, the City Manager shall notify the employee in writing of that decision, and the employee shall have the right to schedule a meeting with the City Manager to persuade the City Manager to following the Hearing Officer's recommendations. The employee must submit a written request to meet with the City Manager within five (5) working days of receipt of the City Manager’s decision. The City Manager shall render a decision in writing within ten (10) working days of the meeting or ten (10) working days of the opportunity to meet. The City Manager's decision shall be final and binding, subject only to review by the courts under the procedures set forth in Code of Civil Procedure §1094.5 (writ of mandate).
ARTICLE 12: ATTENDANCE AND LEAVES
12.1 Attendance at Work; Absence without Leave. Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leaves. All hours worked must be accurately recorded. Failure on the part of an employee, absent without leave, to return to duty within forty-eight (48) hours after a due notice to return to work has been delivered shall be cause for immediate dismissal. A certified letter mailed by U.S. mail to the employee's last known address without regard to whether delivery is accepted, combined with a letter by ordinary mail, first class postage prepaid thereon, shall constitute reasonable notice. This requires both methods of mailing.
12.2 Automatic Resignation. Absence without leave, whether voluntary or involuntary, for five (5) consecutive working days, is an automatic resignation from City employment, as of the last date on which the employee worked. Any employee who fails to report for work within forty-eight (48) hours after delivery of a notice as specified in Section 12.1, who by the expiration of the forty-eight (48) hours has missed or will have missed five (5) AFSCME | January 1, 2026 – December 31, 2028 30 | P a g e 4909-6787-4960 v1
or more consecutive working days, shall also be deemed to have resigned from City employment, as of the last date on which the employee worked. Upon a determination by the department head or Personnel Officer that such an absence has occurred, and that the employee has resigned, notice of the deemed automatic resignation and of the employee's right to request reinstatement for good cause must be submitted in writing within five (5) working days of the city’s notice to the employee of said automatic resignation, which shall be sent by ordinary first class mail, postage prepaid thereon, or by certified mail, or both, to the employee at his or her last known address. An employee who has been deemed to have automatically resigned in accordance with the terms of this Section shall have fifteen (15) days after the date of mailing of such notice within which to request reinstatement. Any request for reinstatement must be made in writing and must be received by the City within fifteen (15) days of the date of mailing of the notice. Request for reinstatement may be made within ninety (90) days after the effective date of the deemed resignation if the notice specified above was not sent to the employee in the manner specified in this Section. Reinstatement shall be granted only if the employee makes a satisfactory explanation to the department head as to the cause of his or her absence and as to the reason for his or her failure to obtain leave therefore.
Evidence that the employee reasonably believed leave had been granted shall justify reinstatement. The department head, to order reinstatement, shall find that the employee is ready, able and willing to resume the discharge of the duties of the employee's former position or, if not then able to immediately resume such duties, the department head may consent to a leave of absence to commence upon reinstatement.
An employee so reinstated shall not be paid salary for the period of his or her absence or separation or any portion thereof. Denial of reinstatement shall be subject to appeal under the procedures specified in Section 11.4.2. In determining the employee's rights under all the circumstances, the City Manager or hearing officer shall be guided by Government Code §19996.2 and case law related thereto, including, Phillips v. California State Personnel Board (1986) 184 Cal. App. 3d 651, 229 Cal. Rptr. 502, and in such appeal the City shall have the burden to establish that the absence was in fact unauthorized and that the department head reasonably believed the employee had abandoned his or her employment.
12.3 Hours of Work. Daily hours of work (or shifts) for employees within departments shall be assigned by department heads as required to meet the operational requirements of said department. Any foreseeable absence or deviation from regularly scheduled working hours desired by an employee shall be cleared in advance through the employee's department head, and such absences shall be noted on the employee's time sheet.
Unless otherwise authorized by the City Manager, the City offices shall be kept open for regular business on all days of the year except Saturday, Sunday and holidays approved by Council. Employees for whom necessity requires a different regular work schedule than that generally applied, shall work according to a work schedule approved by the employee's department head.
12.4 Work Week. The work week shall consist of forty (40) hours of work within a period of seven (7) consecutive days beginning at 12:01 a.m. Sunday and ending at Midnight the following Saturday.
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12.4.1 Work Scheduling; Shift Selection.
12.4.1.1 Work Schedule – The dispatch work schedule will be based upon a 3/12 or 4/10 plan or as modified due to the operational needs of the department. The twelve-hour shifts shall be scheduled as 0600 to 1800 (a.m.) and 1800 to 0600 (p.m.), with the provision that the start/end time for the a.m. shift can fluctuate within two hours and the start/end time for the p.m. shift can fluctuate within four hours, depending on operational needs.
12.4.1.2 Longevity Pool – A longevity pool shall be established which shall give experienced unit members (within their own department, division or unit as appropriate) on the basis of seniority, priority in shift selection. In order to be placed in the longevity pool an employee must have been employed by their department in the same classification for at least three (3) years.
In the Dispatch Department, a Police Dispatcher Trainer or Police Dispatcher II will be assigned to each shift/watch. A probationary employee may not serve as Dispatch Trainer. Employees shall meet the department requirements for Dispatch Trainers.
12.4.1.3 Shift Selection by Seniority – Based on the operational needs of the Departments, AFSCME agrees to support shift scheduling by seniority within the longevity pool whereby after two consecutive rotations the unit members (within their department, division, or unit as appropriate) by seniority, will select another shift. Following two (2) consecutive rotations, unit members may, for one additional shift, elect to enter into a personal trade for shift scheduling. Thereafter, following three (3) consecutive rotations, unit members who wish to enter into trades to remain on a particular shift must have the advanced approval of the unit member’s department or division Supervisor. Unit members who have not been placed in the longevity pool may not trade shifts. Any shift trade may be rejected for substantial performance reasons, which shall be communicated in writing to the affected employee.
The departments will post shift assignments for sign-up sixty (60) days prior to the shift with assignments to be finalized twenty (20) days prior to the shift starting. Unit members not selecting shifts within the sign-up period will have shifts assigned by the unit member's department or division Supervisor. Shift rotation will be based on four (4) month tours: January-April, May-August, September-December or other rotations as assigned.
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12.4.2 Reasonable Notice on Change of Shift and Requests for Time Off. The immediate supervisor may change the work schedules for shift work employees whenever needed for coverage or other department needs. Whenever such a change is made to an employee’s work schedule on a non-emergency basis, the affected employee shall be provided with reasonable notice of (7) seven calendar days. In the event the (7) seven days’ notice is not given, the employee shall receive three hours pay at the rate of time and one half their regular salary rate, or the equivalent time off. For purposes of this paragraph, emergency shall include circumstances such as increased calls for service or disaster alert, but shall not include substitution for last minute illness.
All employees shall request vacation or other non-emergency time off at least 14 calendar days in advance. The employee shall be notified of the approval or disapproval of the time in writing according to the following schedule: requests received one calendar quarter in advance shall be approved or disapproved within 7 calendar days; requests received two calendar quarters in advance shall be approved or disapproved within 14 calendar days; requests received three calendar quarters in advance shall be approved or disapproved within 14 calendar days; requests received four calendar quarters in advance shall be approved or disapproved within 30 calendar days. Requests that are not responded to within these timelines may be resubmitted to the next higher supervisor for immediate action.
12.5 Leave of Absence. The City Manager, with the concurrence of the affected department head, may grant a regular employee a leave of absence for a period not to exceed one year. No such leave shall be granted except upon written request of the employee setting forth the reason for the request. Approval shall be in writing.
Upon expiration of an approved leave, the employee shall be reinstated in the position held at the time leave was granted, subject to the conditions of the leave or as provided by State and/or Federal laws. Failure on the part of an employee on leave to report promptly at its expiration shall be cause for dismissal. The depositing in the U.S. mail of a certified letter, addressed to the employee's last known place of address shall be reasonable notice of dismissal for failure to return to work. Any employee dismissed under these provisions may apply for reinstatement within the time specified and under the procedure specified in Section 12.2.
Such a leave shall generally be without pay, provided that the City Manager shall have discretion to grant pay for the first fifteen (15) consecutive workdays. Any employee on an approved leave of absence shall receive no vacation benefits and no sick leave after fifteen (15) consecutive workdays. City contributions to retirement, health and medical plans shall be suspended until the employee is reinstated. An employee who is on leave of absence shall be responsible for reimbursing the City for any payroll deductions that the employee has authorized. An employee reinstated after a leave of absence shall receive the same step in the salary range the employee received when the leave of absence began. Time spent on such leave shall not count towards service for increases within the salary range or benefit accruals. The employee's merit review date shall be set forward in time one month for each thirty (30) consecutive calendar days taken. The AFSCME | January 1, 2026 – December 31, 2028 33 | P a g e 4909-6787-4960 v1
employee shall retain accumulated vacation credits, sick leave credits, and other similar credits; however, such credits or seniority shall not accrue to a person granted such leave during the period of absence. When an employee is granted a leave of absence without pay, the City shall discontinue payment of medical, health and other similar insurance premiums for the employee and dependents. At the time the employee requests a leave of absence, the employee may pre-pay the insurance premiums by depositing funds with the Finance Department prior to the expiration of coverage, provided that such a continuation of coverage is authorized by the City's contract for medical insurance.
12.6 Vacation Leave.
12.6.1 Vacations. All employees shall accrue vacation credits according to the following schedule:
Hrs./Pay Period Hrs./Year
Less than 2 years 4.62 120
2 to 5 years 5.54 144
6 to 9 years 6.46 168
10 years or more 8.31 216
12.6.2 Vacation Accumulation. Employees are encouraged to use their accrued vacation time annually. Earned vacation credits shall be accumulated. Employees may, however, carry over unused vacation credits to succeeding calendar years.
Except upon written approval by the City Manager, accumulated vacation credits shall not exceed the employee's two (2) year maximum rate of accrual. Excess hours are calculated approximately December 1 of each year and paid during December.
Upon a four (4) week prior written request, one (1) time per calendar year, each employee may receive pay for up to one-half (1/2) of the employee's annual accrual rate for unused vacation time; provided, however, that a minimum of at least once per calendar year, fifty-six (56) hours of vacation leave is taken off of which forty (40) hours of vacation leave must be taken off consecutively which guarantees a minimum of one work week off. Such time may be used in conjunction with holidays. The City Manager may approve exceptions to this provision based on extenuating circumstances.
12.6.3 Holidays or Illness within Vacation Period. Holidays falling within the vacation period shall not be considered as part of the employee's vacation and shall not be charged against vacation credits. Illness during a vacation period shall not be considered as sick leave, unless confirmed by a physician's statement and approved by the Personnel Officer.
12.6.4 Vacation Credits When Employment Terminates. Upon termination of employment, an employee shall be paid for unused vacation credits.
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unless such absences exceed one (1) month, in which case the time over the month of said absence shall be excluded from computation and no vacation leave will accrue.
12.7 Discretionary Time Off. The City Manager may grant discretionary time off to any City employee in unique situations where actions of the employee are over and above the call of duty and clearly merit such consideration.
12.8 Compensatory Time. Any employee who is a member of the bargaining unit represented by AFSCME shall be authorized to accumulate, to the extent allowed by the Fair Labor Standards Act, up to one-hundred (100) hours of compensatory time, which shall be credited at the rate of one and one-half hours of "comp" time for all over-time hours worked. The accumulation of such hours shall be at the discretion of the employee, who shall have the right to elect whether to accept compensation or compensatory time off. If an employee has more than one-hundred (100)hours of "comp" time on the books, over-time work shall be paid. At the end of the fiscal year, unless requested otherwise in writing by the employee, all unused "comp" time on the City's records shall be cashed out. Only if the time is carried over beyond the current pay period, shall time and one- half computation occur. The Federal Fair Labor Standards Act intends that hours accumulated as compensatory time off shall actually be used, and shall not be accumulated for later pay. The City recognizes the vested nature of such accumulated hours. The use of compensatory time off shall be taken by the employee, if the employee so elects, only at a time satisfactory to the department head. In addition to the above, “Comp” time may be cashed out once more per year by the employee if the employee provides 30 days’ written notice.
12.9 Holidays
Holidays: The public offices of the City of City shall be closed on the dates set forth in the approved Annual Holiday Council Resolution. The Annual Holiday Council Resolution cannot exceed 11 designated days prior to the parties meeting and conferring.
12.9.1 Floating Holiday. In addition, to the holidays, employees shall be credited with floating holiday hours with the remaining holiday hours twice a year on January 1, and July 1, to bring the total combined holiday hours and float hours to 144 per year for all employees.
Ambulance Operators shall be credited 12-hours per designated holiday with any balance going to Float time. The total holiday time shall be 144 hours.
12.9.2 Holidays - Time Off or Extra Pay. Employees shall be allowed time off with pay for one work shift at the employee’s straight time hourly rate for any holiday unless required by the department head or City Manager to work in order to maintain City services. Employees who are required to work and do so on a recognized holiday shall receive additional compensation at one and one half (1-1/2) times the employee’s hourly rate for the holiday hours worked.
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12.9.3 Holiday Compensation for Shift Work Employees. Employees that are assigned to a shift schedule that does not allow holiday time off shall receive compensation for the holiday in the following manner:
A. When the holiday falls outside the employee’s scheduled shift, the employee shall receive holiday pay for one (1) full shift or the equivalent time off. In the event an employee chooses to take the equivalent time off, such time off shall be administered in the same manner as a floating holiday. under section 12.9.6 of this Agreement.
B. When the holiday falls fully or partially within the employee’s scheduled work shift the employee shall receive holiday pay for one full shift plus time and one-half their regular rate of pay for all hours worked during the holiday, provided that the employee shall receive no less than four hours pay, at the rate of time and one half, for the hours worked.
12.9.4 Other Employees. Employees not working shift schedules, who are required to work and do so on a recognized holiday (other than the "floating" holiday) shall receive compensation at one and one half (1-1/2) times the employee's hourly rate for the hours so worked.
12.9.5 Floating Holiday Waiver. Employees are allowed to accumulate floating holiday hours during a given fiscal year; however, the float hours shall not be carried over into subsequent fiscal year. Any float hours remaining, in excess of 20- hours, in an employee’s bank shall be cashed out through payroll processing in the second paycheck of June of each year.
12.9.6 Jury Duty. An employee summoned to and serving on jury duty shall submit evidence of the Summons to the department head. The employee may be absent from duty with pay for time required to be away from the employee's regularly scheduled work hours. An employee who is released by the court from jury duty on any regularly scheduled workday shall return to work to complete any remaining portion of regularly scheduled work hours unless otherwise excused by the department head. The employee shall be entitled to retain juror fees as reimbursement for expenses associated with jury duty.
Those employees who work shifts slightly off the normal jury duty scheduled will have their shifts adjusted to match that of jury duty.
A. Fatigue Time: Shift employees will have a maximum of six (6) hours to rest between Court-documented time of being excused from jury duty and when they must report to work. If any of those hours include their regular work schedule, they shall be paid as if they worked that time.
B. Court Overtime: When employees are compelled to attend court outside of their regular work schedule for reasons related to City business, they shall be paid at the overtime rate for all hours worked that exceed forty (40) hours per week as per the Fair Labor Standards Act, except in those cases where the employee is a plaintiff or petitioner in the lawsuit.
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12.9.7 Bereavement Leave. In accordance with AB 1949, California Government Code §12945.7, an employee is entitled to a leave of absence on account of the death of a member of their immediate family, not to exceed five (5) days.. Days may be taken non-consecutively. No deduction shall be made from the salary of such employee nor shall such leave be deducted from leave granted by other provisions of this Agreement for three (3) of the bereavement days. Employees may use any other leave for compensation for the additional two (2) days.
A. An employee’s immediate family shall consist of the employee’s spouse/registered domestic partner, children, the employee’s or spouse’s/registered domestic partner’s mother, father, brother, sister, grandparents, grandchildren and legal guardians. (Domestic partnership as defined by State law.)
B. Employees may use up to three (3) days of sick leave due to the death of a family member not defined above.
C. Additionally, employees may utilize sick leave or vacation leave if additional leave is needed due to the death of a family member as defined under Section A above.
12.10 Sick Leave. An employee may use accrued sick leave for illness of the employee or physical incapacity of the employee due to illness or injury, or for physical examinations, including eyes, dentist appointments or other commonly accepted health related matters.
All regular full-time employees shall be credited with sick leave at the rate of 3.69 hours per pay period or major fraction thereof. An employee who is absent because of illness and seeks to use accrued sick leave may be required to state the reason for the absence on the approved form. If an absence because of illness or disability extends beyond three (3) consecutive workdays or the employee has had more than four (4) unverified sick days in a 12-month period, the employee may be required to submit a physician’s written certification (release to return to work) to the department head before the employee is eligible to receive sick leave pay.
Observed holidays occurring during sick leave shall not be charged against an employee's accrued sick leave.
An employee may be required to take a physical examination while on sick leave without a physician’s order or when on Worker’s Compensation leave, by a physician designated and paid for by the City.
In the event that an employee uses all the sick leave they have accrued, they then shall have the vacation days they has accrued deducted for each day they is absent due to illness. Vacation days shall continue to be deducted until the employee either returns to work or all of accrued vacation days are used. The employee may apply to receive a leave of absence without pay if the employee does not have any accrued vacation or sick days.
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12.10.1 Sick Leave Accrual Limit, Payoff, and Cash-Out for Employees Hired on or Before June 30, 2014. Any unused portion of accumulated sick leave shall be carried over into the next calendar year; provided however, that an employee’s accumulated sick leave may not exceed nine hundred sixty (960) hours of unused sick leave. Further accumulation shall not be allowed. However, to encourage attendance at work and discourage the frivolous use of excess sick leave, employees with continuous employment of five (5) years or more shall receive a payment in cash of 25% of unused sick leave when they resign or retire. Employees with continuous employment over nine (9) years shall receive in cash 50% of the unused sick leave when they resign or retire. This compensation in cash shall be at straight time rate.
Upon four (4) weeks advance notice, one (1) time in any fiscal year, an employee is entitled upon request to payment for accumulated sick leave in excess of three hundred eighty (380) hours at the following rate:
Continuous Service Cash-Out Rate
5 years 2 hours to 1 hour
10 years 1 hour to 1 hour
Employees hired on or after November 1, 2020. There shall be no limit on the number of sick leave hours employees may accrue. Upon separation, with completion of five (5) years of service with the City, employees may cash out up to 25% of sick leave hours. Payment shall be at base salary rate. Such employees, upon retirement from the City, may apply all accrued sick leave hours to CalPERS service credit conversion, or may cash out up to 25% of sick leave hours.
12.10.2 Sick Leave Conversion to Vacation Leave for Employees Hired On or Before June 30, 2014.
A. Employees with at least two (2) years’ employment with the City may, at their option, convert accrued sick leave in excess of one hundred sixty (160) hours to vacation hours according to the following schedule:
Continuous Employment Sick Leave to Vacation Conversion 2 years 4 hours to 1 hour
5 years 2 hours to 1 hour
10 years 1 hour to 1 hour
B. Employees may convert accrued, unused sick leave hours to PERS service credit upon retirement from the City.
12.10.3 Sick Leave Accrual, Limit and Disposition for Employees Hired between July 1, 2014, and October 31, 2020. Employees may accrue unlimited sick leave hours without the ability to convert or cash out such leave. All accrued, unused sick leave may be converted to PERS service credit upon retirement from the City.
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12.10.4 Effect of Absence on Sick Leave. Absence due to sick leave or other approved leave of absence will not affect computations of sick leave unless such absence exceeds one (1) month, in which case the time over the month of said absence shall be excluded from computation and no vacation leave will accrue.
12.11 Unauthorized Leave. Any employee who is absent from work without approved leave shall be subject to discipline, or may be deemed to have automatically resigned if the absence is for five (5) or more consecutive workdays (Section 12.2).
12.12 Catastrophic Leave Donation. Circumstances may arise where an employee or the employee's immediate family may suffer an unforeseen event, which may have a catastrophic effect on the employee and/or the employee's family. Under such a circumstance the employee may request leave donation from fellow employees under the following procedures:
12.12.1 Employee's Own Personal Extended Illness. An employee who is suffering from a serious illness or a serious accident may have sick leave and vacation leave donated to cover the difference between payments received from disability insurance and the employee’s full salary, and to cover the cost of any insurance plan provided by the City.
12.12.2 Serious Illness or Injury of a Member of the Employee's Immediate Family. An employee whose immediate family member is suffering from a serious illness or injury may have leave donated to provide him/her time off from work to care for that family member. Said donated leave will be used to continue the employee on payroll until said leave is exhausted.
12.12.3 Leave Donation Eligibility Procedures.
12.12.3.1 The employee seeking leave donation must have exhausted all available leave, sick leave, vacation leave and compensatory leave.
12.12.3.2 The employee must submit a request for leave donation to the Personnel Department for review and approval of the City Manager. The employee will be required to provide medical documentation for the need of this leave donation.
12.12.4 Leave Donation Procedure.
12.12.4.1 The donation of leave is voluntary and is irrevocable once donated.
12.12.4.2 Employees wishing to donate leave will submit to the Personnel Department an authorization for transfer of leave form.
12.12.4.3 Employees may donate accrued sick leave in excess of 96 hours with a maximum donation of eight (8) hours of sick leave.
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12.12.4.4 Employee may donate a maximum of eight (8) hours of accrued vacation leave.
12.12.4.5 The donated leave will be put in to a "Catastrophic Leave" account and can only be used to continue an employee on payroll who is caring for a member of the employee’s immediate family or to cover the difference between the payments received from the disability insurance company and the employee’s full salary and to cover the cost of insurance offered by the City for those persons suffering from a personal illness for which the leave was donated.
12.12.4.6 Donated leave will be credited to the "Catastrophic Leave" account on an hour-for-hour basis (i.e., 10 hours donated becomes 10 hours of sick leave at the receiving employee’s rate of pay). In no case shall the total amount of leave donated exceed eight (8) hours of sick leave and eight (8) hours vacation leave per donor.
12.12.4.7 Any time remaining in the employees "Catastrophic Leave" account upon return to work will be transferred to a "Catastrophic Leave Bank" for use by other employees who qualify under the provisions of this Article. The Catastrophic Leave Bank" will have a cap of 320 hours. Any remaining leave in excess of 320 hours will be converted to a cash value and placed in a fund for an employees’ program to be determined at a later date.
12.12.4.8 In no case will an employee be able to convert the donated leave to cash or be paid for any remaining balance of donated leave.
12.12.4.9 All donations will be maintained as confidential information.
12.12.5 The City and AFSCME agree that AFSCME will receive a quarterly accounting of the catastrophic leave bank hours.
ARTICLE 13: GRIEVANCE PROCEDURES
13.1 Matters Subject to Grievance Procedures. A grievance is a complaint by an employee that the employee has been adversely affected due to a misinterpretation or misapplication of this Memorandum of Understanding. Any such complaint may be reviewed in accordance with this Article.
13.2 Informal Grievance Procedure. The employee shall initiate the grievance process by an informal meeting and discussion with his or her supervisor, unless the grievable issue is with the direct supervisor at which the grievance will be initiated to the next level. Every effort shall be made to resolve a grievance through discussion between the employee, and/or the employee's designated representative, and the employee's immediate supervisor. If, after such discussion, the employee does not feel that the grievance has been satisfactorily resolved, the employee shall have the right to discuss the matter with AFSCME | January 1, 2026 – December 31, 2028 40 | P a g e 4909-6787-4960 v1
the supervisor's superior, if any, within the department organization. Otherwise, the employee shall have the right to discuss the matter with the department head.
13.3 Formal Grievance Procedure. If the employee is not in agreement with the decision rendered in the informal grievance procedure, an employee shall have the right to present a formal grievance in writing to the department head within ten (10) regularly scheduled working days after the occurrence of the incident giving rise to the grievance.
The department head shall meet with the employee and/or the employee's designated representative within ten (10) working days after the department head's receipt of the written grievance. The department head shall review the grievance and render a decision in writing and return it to the employee and/or the employee's designated representative within five (5) working days after meeting with the employee.
13.4 Appeal to the City Manager. If the employee does not agree with the decision reached by the department head, the employee may present an appeal in writing to the City Manager within ten (10) working days after the employee's receipt of the department head's decision. The appeal shall be signed and delivered to the City Clerk who shall set a meeting within ten (10) working days with the City Manager and the employee and/or the employee's representative to discuss the grievance. Within seven (7) working days the City Manager shall deliver a copy of the decision to the employee and/or the employee's representative and the department head. The decision of the City Manager shall be final, and shall not be appealable to the City Council.
13.5 Extension of Time Limitations. All time limitations mentioned in the Grievance Procedure may be extended by mutual written agreement between the City and the employee. Any failure by the City to act within the time limits set forth in this Article shall give the Union the option to advance the grievance to the next level of the grievance procedure.
13.6 The City and AFSCME agreed to remove several articles from the MOU as part of the 2022 negotiations. Those items are listed below and are currently in the City’s personnel rules. The City and AFSCME agree that despite their removal from the MOU, AFSCME members shall be able to grieve those items, as if they were in the MOU. The City and AFSCME further agree that any modification to the personnel rules that cover these items is subject to the meet and confer process. The items are:
5.1 – Equal Employment Opportunity
5.7 – Criminal Conviction
12.6 – Military Duty
12.12 – Family Illness Leave
12.15 – Family/Medical Leave
ARTICLE 14: EMPLOYEE REPORTS AND RECORDS
14.1 Personnel File. The Personnel Officer shall maintain a personnel file for each employee of the City. Employees have the right to inspect the contents of their respective personnel files during a scheduled appointment.
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14.2 Disclosure of Information. No information shall be disclosed from the personnel file of an employee other than the employee's job title, work location, work phone number, salary verification (with written employee authorization only) and departmental assignment, to any person other than the City Manager, City Attorney or their designated representatives. An employee may request or authorize the disclosure of other information from his or her file by written authorization. Nothing herein shall preclude the use of any information in an employee's personnel file in any phase of a disciplinary or probationary action. The City shall not be prevented from releasing other information under subpoena or under the Public Records Act when a proper request therefore is submitted, if the City Attorney advises that the requested information must be released.
ARTICLE 15: EDUCATIONAL INCENTIVE
A. Educational Assistance. The City shall adopt procedures under which an employee may be reimbursed for educational assistance in an amount not to exceed $4,000 in any one fiscal year with a lifetime total accumulation of such assistance not to exceed $8,000. Reimbursement shall be based upon the City reimbursing to the employee 80% of the reasonably incurred cost of education, including tuition, fees and books.
Education covered by this provision must be job related and taken at a licensed public or private school or college, or a recognized training program leading to a job or professional certification, and shall include both academic and professional certification programs. Post-graduate programs (Master’s degree programs or higher) are not covered without a determination that the program has a relationship to the job performed by the employee, or preparation for a promotional opportunity within the City's employment. Reimbursement shall be made at the conclusion of a course, upon presentation of evidence of satisfactory completion thereof (grade "C" or better, certificate of completion,), department head review and approval of the City Manager.
If an employee voluntary resigns their employment with the City or is terminated for disciplinary reasons within six (6) months after receiving reimbursement under these provisions, employee shall reimburse the City for all monies paid him/her for educational reimbursement received dating back six (6) months from their termination date.
B. Degree Incentive. The City will offer a degree incentive for employees. Employees who successfully complete a bachelor’s degree shall receive a $110/month stipend.
To be eligible for this stipend, the degree must be job related and approved by the City Manager or the City Manager’s designee.
ARTICLE 16: FRINGE BENEFITS
16.1 Enrollment in Group Insurance Plans. City agrees to continue to enroll with and subscribe to the Public Employees’ Retirement Health Care Plan pursuant to the Public Employees’ Hospital and Medical Care Act (PEHMCA), Government Code Sections 22751 et seq., for the provision of health insurance for members of the unit. The health AFSCME | January 1, 2026 – December 31, 2028 42 | P a g e 4909-6787-4960 v1
insurance benefit provided through PEMHCA shall be part of the cafeteria plan in accordance with IRS Code Section 125.
Basic City Contribution. For all bargaining unit employees and retirees, the City pays the PEMHCA statutory minimum as determined by CalPERS under Government code Section 22892.
Supplemental City Contribution. In addition to the basic City contribution, the City shall contribute a supplemental amount toward group insurance plan premiums to active employees and certain retirees as described below.
The City shall offer a cafeteria plan for health, dental, and vision.. Employees may choose a medical plan less expensive than the maximum City contribution and may use the remaining balance to pay for dental, and/or vision coverage. Employees selecting plans and coverage levels with premiums that exceed the City’s maximum contribution are responsible for paying the difference through automatic bi-weekly payroll deduction. Any amount remaining stays with the City.
The City’s maximum contribution toward group insurance plans, inclusive of the CalPERS statutory minimum for health insurance shall be:
Flat Dollar Amount effective January 1, 2026
Category Maximum City Contribution
Unit Member Only $1,100.00
Unit Member +1 $2,100.00
Family $2,850.00
Unit members who elect to purchase health insurance independent of the Plan, may withdraw from or decline to participate in the Plan by executing, in writing, an election to withdraw from, a declination to participate in, and/or a waiver of benefits (as appropriate) on such form as may be required by City. For medical coverage, if an employee elects to opt out of coverage offered by the City, they must provide proof of “minimum essential coverage” (as defined by the Affordable Care Act) through another source (other than coverage in the individual market, whether or not obtained through Covered California). Unit members who elect not to participate in the Plan will be reimbursed the sum of $250.00 per month as an in-lieu payment.
Should such other coverage subsequently be unavailable to the employee, the employee shall have the right to seek reinstatement to coverage under the City’s policy upon written request. In such case, the City shall reinstate the employee’s coverage and cancel the in- lieu payment if reinstatement is permitted under the provisions for reinstatement then in effect with the City’s health insurance provider.
16.1.4 Group Health Plan Continuation upon Retirement. An employee retiring from the City, who takes a qualified retirement under the Public Employees Retirement System (PERS), may continue their PERS health insurance benefit enrollment upon retirement, provided the employee’s effective date of retirement is within 120 days of separation. For those retirees, except as may AFSCME | January 1, 2026 – December 31, 2028 43 | P a g e 4909-6787-4960 v1
be provided below, the City will only contribute the mandatory statutory minimum monthly premium employer contribution (i.e., the statutory minimum) as may be required by CalPERS for the particular calendar year.
All retirees will be required to comply with any of the requirements of CalPERS as provided by PEMHCA. This may include, but not limited to, enrolling in Medicare when age appropriate and becoming eligible to receive Medicare.
The City will not pay for the cost of Medicare enrollment as it will continue to pay the CalPERS statutory minimum for all retired annuitants.
A. Employees hired prior to November 25, 2012: All such retired employees covered by these Regulations shall be eligible for a supplemental City-paid contribution equivalent to the current amount provided to active employees – to include dental and vision.
In the event of the employee’s death, the City’s obligation to continue making dental and vision contributions will end. The surviving spouse/domestic partner may remain on the dental and vision plans as a retiree at their own expense, without a City contribution to the premium.
B. Employees Hired between November 25, 2012 and October 31, 2020: After five (5) years of service with the City, the percentage of employer contribution payable for retirement health benefits only (no dental or vision contribution) shall be consistent with the following table:
Credit Years of
CalPERS Service
Percentage of
Employer Contribution
5-10 PEMHCA Minimum
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 or more 100%
Retiring employees may, at their own expense, continue in the City’s dental and vision insurance program. The retiree shall bear the full cost.
C. Effective November 1, 2020: For all employees hired by the City on or after November 1, 2020 there will be no supplemental City contribution for retiree health benefits.
The City shall contribute only the CalPERS statutory minimum. The City will, for these employees, make a $165.00 per month contribution to an employee Health AFSCME | January 1, 2026 – December 31, 2028 44 | P a g e 4909-6787-4960 v1
Reimbursement Arrangement (HRA) and associated fixed dollar cost of administration.
This contribution is for active employees only and shall cease when the employee leaves City employment.
16.2 Public Employees Retirement System. All general unit employees of the City are automatically covered by the City's contract with the Public Employees Retirement System. Membership shall commence immediately upon employment.
A. Tier One Employees: The City provides the 2% @ 55 retirement benefit formula with single highest year compensation consideration for all unit members hired prior to November 25, 2012.
1. Commencing July 8, 2012 members shall contribute 3.5% Employer Paid Member Contribution (EPMC).
2. Commencing January 6, 2013 members shall contribute an additional 3.5% EPMC at which time there shall no longer be EPMC. Rather, employees shall make their full member contribution thereafter.
3. Employees who are Classic members of CalPERS shall participate in a cost sharing arrangement in which the City pays the 7%-member contribution (Employer Paid Member Contribution) and reports this contribution to CalPERS as compensation earned. In addition, each employee in said group agrees to pay 9% of their pre- tax wages as cost sharing.
B. Tier Two/Classic Employees: Except as set forth in paragraph (c) below, the City provides the 2% @ 60 retirement benefit formula with three-year average compensation consideration for all unit members hired on or after November 25, 2012.
1. For all employees hired on or after November 25, 2012 who are Classic Members under PEPRA, there shall no longer be EPMC. Rather, employees shall make their full member contribution, plus any other provisions implemented for Tier One employees.
C. New PERS Members: Any employee who is a “new member” as defined in Government Code Section 7522.04(f) will be placed in the defined benefit plan required by Government Code Section 7522.15.
16.3 Uniform and Equipment Allowances. Allowances or reimbursements relative to laundry, cleaning, maintenance and repair of uniforms and equipment shall be as follows:
16.3.1 Police Department. For non-sworn personnel who are required to wear a uniform on a daily basis, the City shall provide a standard $75.00 per month uniform allowance. If a uniform is required for other personnel, but not on a daily basis, the City shall reimburse any employee so required to wear a uniform on occasion at the rate of $30.00 per month.
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16.3.2 Public Works/Facilities. For any employee of the public works division and facilities who is required to wear a uniform, the City shall provide eleven uniform sets at no cost to the employee and shall provide regular cleaning and repair service for such uniforms.
16.3.3 Code compliance and Fire personnel who are required to wear a uniform on a daily basis will be given $100.00 per month as a uniform and said uniform allowance is for the purchase, laundry, cleaning, maintenance and repair of uniforms and equipment.
16.4 Deferred Compensation. All employees covered by this Agreement shall be eligible to participate in the City's deferred compensation program, upon request. The City will match $65.00 per pay period.
16.5 Short Term and Long-Term Disability.
A.Long-Term Disability. All employees covered by this Agreement shall be included in the City’s long-term disability program providing partial coverage for disabling injuries and illness non-industrial in nature (not covered by worker’s compensation), and including accidental death and dismemberment benefits.
B.Short-Term Disability. The City offers short-term disability (STD) to regular eligible employees. STD is designed to provide a weekly benefit in the event the employee is unable to work due to disabling injuries and illnesses that are non-industrial in nature (not covered by worker’s compensation. The City bears the full cost of this benefit without employee contributions.
16.6 Wellness Program. Employees shall be permitted to participate in a Wellness Program intended to reduce job-related stress and improve general physical and mental health.
You can be reimbursed up to $600 per payroll year. This amount is considered taxable income. You forfeit any amount you do not use by the end of the payroll year. The program shall be in accordance with administrative regulations approved by the Human Resources Manager.
16.7 AOs Re-certification and Re-licensure. The City shall reimburse reasonable AOs recertification fees and costs upon presentation of the renewed certificate and receipt(s) for proof of payment. AOs shall be required to take any necessary classes in-house, if offered. If any class or training needs to occur during non-work hours or not in-house, the AO shall obtain prior written permission as set forth below:
A. AOs attending during their regular scheduled shift must obtain written permission from the Fire Chief prior to attending and qualifying for reimbursement. AOs will be required to return to work to complete their scheduled shift after completion of class.
B. AOs attending while off duty must obtain written permission from the Fire Chief, prior to attending and qualifying for reimbursement.
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C. The City and Union further agree that if classes are offered in house the AO must make every effort to take the class in-house otherwise, the cost of the class will not be considered reasonable.
D. AOs whose required license, certificate, and/or accreditation expires shall be placed on unpaid administrative leave and receive a written warning. Failure to obtain the required license, certificate, and/or accreditation within thirty (30) days shall be cause for separation from employment. AOs whose state or local license is temporarily suspended by a state or local agency shall be placed on unpaid administrative leave for a maximum of ninety (90) days. AOs shall be required to have all licenses, certifications, and/or accreditations up to date at the conclusion of the suspension. Failure to maintain such licenses, certifications, and/or accreditations shall be cause for separation from employment. AOs on approved leaves of absence shall be required to have all licenses, certifications, and/or accreditations up to date prior to returning from leave. Failure to maintain such licenses, certifications, and/or accreditations shall be cause for separation from employment.
The Chief may, under unforeseen and/or extenuating circumstances, grant an extension allowing more time to obtain re-certification and or re-licensure, subject to pertinent rules, regulations and requirements by certifying and licensing authorities.
16.8. The City and Union agree to meet and confer to develop an AO advancement policy by June 30, 2023.
ARTICLE 17: AGREEMENT ALL INCLUSIVE
The parties hereto acknowledge that they have engaged in extended negotiations of any and all issues either party has desired to have included in this Memorandum of Understanding. The parties recognize that, in the give and take of bargaining, some items sought by the employer have not been agreed upon, and some items sought by AFSCME have not been agreed upon. This Agreement constitutes a compromise upon which each party agrees. The parties agree that this Memorandum of Understanding is all-inclusive and that no other agreements, undertakings or understandings have been made outside of the specific terms of this Agreement relating to wages, hours or terms or conditions of employment of the employees covered by this Agreement, with the exception of duly negotiated and mutually agreed upon Letter(s) of Agreement. This Memorandum of Understanding may be reopened at any time upon mutual consent of both parties. All of the agreements of the parties are evidenced herein. The absence of reference to any topic shall be deemed as proof that no agreement was reached thereon, and any claim based thereon shall be null and void and of no effect. Each party has had every opportunity during the course of these negotiations to bring up any new or additional topics it desired to have considered as part of this Agreement, and, for the duration of this Agreement, no additional topics shall be added thereto, except upon specific mutual agreement of the parties evidenced in writing.
Pursuant to Government Code §3505.1, this MOU has been jointly prepared by the representatives of the City of Cathedral City and of AFSCME who agree that it shall be presented to the City Council of the City of Cathedral City for its consideration. We recognize that this MOU AFSCME | January 1, 2026 – December 31, 2028 47 | P a g e 4909-6787-4960 v1
is not binding unless and until it has been approved by the City Council of the City of Cathedral City. Execution by the AFSCME representative evidences the General Employee Unit's ratification of the Agreement.
Article 18: MISCELLANEOUS PROVISIONS
The parties agree that for the January 2026 - December 2028 contract, the following MOU provisions will be retroactive to January 1, 2026:
7.15: Bilingual pay: The increase in amounts
7.11: Call Out Pay: The 4hr minimum for work and 2hr minimum for Court appearance
16.1: Enrollment in Group Health Insurance Plans: The changes made to flat dollar amounts for health
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APPROVED BY THE CITY COUNCIL
Executed this _______ day of _______________________, 2026.
ATTEST:
__________________________________
Christina Burton
City Clerk
AMERICAN FEDERATION OF STATE,
CITY OF CATHEDRAL CITY COUNTY AND MUNICIPAL EMPLOYEES _________________________________
Andrew Firestine
City Manager
____________________________________
Corey Cordova
AFSCME Representative
___________________________________
Asusena Soren
Human Resources Manager
____________________________________
Roberto Ambriz, President
AFSCME Local 3961
_________________________________
Al Ford
Burke, Williams & Sorensen, LLP