Memorandum of Understanding
CPPEA July 1, 2023 – June 30, 2025
3 MEMORANDUM OF UNDERSTANDING
BETWEEN REPRESENTATIVES OF THE CITY OF CHINO, CALIFORNIA,
AND THE CHINO POLICE PROFESSIONAL EMPLOYEES ASSOCIATION (CPPEA) (A RECOGNIZED EMPLOYEE ASSOCIATION)
This Memorandum of Understanding (MOU) is entered into with references to the following facts:
A. The Chino Police Professional Employees Association, hereinafter referred to as “CPPEA”, is the recognized employee organization for all regular, non-sworn, full-time Chino Police employees in the City of Chino, hereinafter re ferred to as the “City”. These employees are collectively referred to as the “employees”. The current positions of CPPEA can be found in the current Classification and Compensation Schedule – Non-Management Positions.
Crime Analyst
Crime Prevention & Community Outreach Specialist
Police Records Technician
Police Service Officer
Police Services Administrative Secretary
Police Services Clerk Typist I/II
Property and Evidence Technician
Public Safety Dispatcher I/II
Senior Police Records Technician
B. In the interest of maintaining harmonious re lations between the Ci ty and the employees, authorized representatives of the City and CPPEA have met and conferred in good faith, exchanging various proposals concerning wages, hours, and other terms and conditions of employment of the employees which are within the scope of law for represented employees in CPPEA.
C. The authorized representatives of the City and CPPEA have reached mutual agreement on wages, hours and other terms and conditions of employment for these employees.
THEREFORE, the City and the CPPEA agree that wages, hours, and terms and conditions of employment will be applied as follows for the period of July 1, 2023 through and including June 30, 2025. (Note: The provisions of this Memorandum of Unders tanding apply only to those individuals who are employed with the City of Chino on the day following the adoption of a formal resolution by City Council approving this MOU.)
1. ACTING PAY:
The City will grant Acting after an employee has worked in a higher classification for 20 consecutive work days or 20 non-consecutive work days in a 90 calendar day period. To receive Acting Pay, an employee must be fo rmally assigned the duties of the higher classification. This assignment must be confirmed by the processing of a Personnel Action Form (PAF). Acting Pay will be five percent (5%) above the employee’s current base salary rate or Step “A” of the Acting position Classification, whichever is greater, unless otherwise authorized by the City Manager.
Memorandum of Understanding
CPPEA July 1, 2023 – June 30, 2025
4 Subject to the conditions noted above, qualifyin g employees will receive Acting Pay for all days worked in an Acting position, i.e., after 20 consecutive work days or twenty (20) non-consecutive work days in a ninety (90) calendar day period. The employee will receive Acting Pay retroactive to the first day of serving in the acting capacity.
2. ADDITONAL DUTY PAY:
Afforded to an employee who ta kes on a significant number of extra assignments in an area different than their regularly assigned responsibilities. An employee performing this type of work for a period of time greater than two (2) weeks may be afforded a percentage increase in salary to compensate for performing dual functions at the discretion of the Department Director.
3. ASSOCIATION MATTERS:
A 250 copy per month photocopy account is establ ished for association business. Copies exceeding 250 per month will be paid to the City at the current per-copy charge. Association members are provided with 24 hours per fiscal year to attend to training or other related business in the interest of the CPPEA, when authorized by the City and the CPPEA. The hours do not accumulate or carry over from fiscal year to fiscal year.
4. ASSOCIATION REPRESENTATION - REQUEST FOR DECERTIFICATION:
The City amends its language as found in Resolution 85-53 to read as follows:
A Decertification petition alleging that the incumbent recognized employee organization no longer represents a majority of employees in the recognized unit must be filed with the Director of Human Resources/Risk Management no later than six (6) months (180 days) prior to the expiration of the Memorandum of Understanding then in effect. A Decertification Petition must be filed by two (2) or more employees or their re presentative, or an employee organization, and will contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete:
a) The name, address and telephone number of the petitioner(s) and a designated representative authorized to receive notices or requests for further information. b) The name of the established represented unit and the incumben t recognized employee organization sought to be decertified as the representative of that unit. c) Proof that the incumbent recognized employee organization no longer represents more than fifty percent (50%) of the empl oyees in the represented unit, and any other relevant and material facts, including verification that more than fifty percent (50%) of the represented unit no longer desire to be represented by the recognized employee organization.
Such proof will be submitted for verification to the Director of Human Resources/Risk Management. All signatures on the Decertification Petition will indicate the date when signed by the employees. All signatures on the Petition will be obtained within 30 days prior to filing the Decertification Petition with the Director of Human Resources/Risk Management.
If an accompanying Request for Recognition is filed, and decertification of the incumbent recognized employee organization is made, such documentation will also determine the wishes of employees as to the question of representation.
Memorandum of Understanding
CPPEA July 1, 2023 – June 30, 2025
5 5. BENEFIT BANK:
Employees are provided with a Be nefit Bank for the purchase of medical, dental and/or vision insurance for themselves and their eligible dependents. The Benefit Bank total will be equal to the premium cost of HMO medical (at the rate equal to Kaiser), dental and vision coverage for family coverage. Benefit bank change will become effective December 1, 2023. The Benefit Bank amount will be adjusted when new rates become effective December 1, 2024. Unused portions of the Benefit Bank will be paid out in the employee's regular paychecks as earned.
See also Regular Rate of Pay Section of this MOU.
6. BEREAVEMENT LEAVE:
The City will provide a non-accruin g bank of five (5) days (50 hour s) for the bereavement of an immediate family member. An “immediate family member” is defined as a spouse; domestic partner; parent; sibling; child; step-child; mothe r-in-law; father-in-law; brother-in-law; sister-in- law; daughter-in-law; son-in-law; grandparent or grandchild.
7. BILINGUAL PAY:
Employees are eligible to receive a $240 per month (paid over 24 pay periods) for verbal fluency is provided to employees if they de monstrate their conversational sk ill in any language other than English the Department Direct or deems necessary, including sign language, under the following conditions:
a. Certification: A competency examination wi ll be developed and administered by the Human Resources/Risk Management Departme nt to determine employees’ proficiency.
Testing and its frequency are at the discreti on of the City. An employee must pass the City’s competency examination to be eligible for bilingual pay. b. Department Director Approval: To be eligible to take the City’s competency examination, an employee must be recommended by their Department Director. Eligibility for the opportunity to test for bilingual pay is sole ly at the employee’s Department Director’s discretion and is not subject to administra tive appeal or challe nge. The Department Director will make their recommendation ba sed on an assessment of the need for the employee to use bilingual skills on-the-job. In the event that an employee is approved for bilingual pay, then later changes assignment, classification, job duties, or is transferred or promoted, in any manner, a determination ma y be made by the employee’s Department Director that bilingual skills are no longer required for use on-the-job and this benefit will be removed from the employee with no right of appeal.
8. BREAKS AND LUNCH FOR CRIME ANALYSTS, POLICE RECORDS
TECHNICIAN, POLICE SERVICE O FFICER, PROPERTY AND EVIDENCE TECHNICIAN, AND PUBLIC SAFETY DISPATCHER I AND II:
Public Safety Dispatchers I and II, Crime Analysts when assigned to the Real Time Crime Center and Police Service Officers will be provided with a 45 minute pa id meal period within a 10-12 hour shift. For remaini ng classifications, this be nefit will only apply to employees hired on or before July 1, 1998.
Memorandum of Understanding
CPPEA July 1, 2023 – June 30, 2025
6 Employees will be provided with a 20-minute paid break time during any period of overtime worked in which between a minimum of five (5) consecutive hours and up to a maximum of seven (7) consecutive hours are worked. Any member working an overtime shift of seven (7) consecutive hours or more is entitled to receive one (1) 45-minute meal pe riod. The meal period is paid for Public Safety Dispatchers I and II, Police Servic e Officers, Crime Analysts when assigned to the Real Time Crime Center and those employees hired on or before July 1, 1998 .
During each of these paid leave times Public Safety Dispatchers I and II assigned to the Communications Center, Crime Analysts when assigned to the Real Time Crime Center and Police Service Officers will remain on an on-call status.
9. CALL BACK PAY:
Employees who are not on stand- by and who are called back to work during their off-duty hours will receive two (2) hours minimum pay at one and one-half (1 ½) times their regular rate.
10. COMPENSATORY TIME:
Administrative Secretary and Clerk Typist:
Employees may accrue a maximum of 40 hours of Compensato ry Time off, w ith the exception noted below. Each employee has the option of electing to convert any, or all, accrued Compensatory Time off hours to pa y at the hourly rate existing at the time of distribution.
Compensatory Time converted will be paid with the second paycheck in November of each year.
Upon separation from employment, accrued Compensatory Time off will be converted to cash at the then existing base hourly rate.
All positions not listed above – Two (2) Compensatory Time banks, each consisting of 80 hours, are established:
Compensation Bank No. 1: This bank provides for the accrual of 80 hours of Compensatory Time to be paid out only upon separation from employment. The first 80 hours of Compensatory Time earned by an em ployee are recorded in this account. No annual buy back of this time is provided.
Compensation Bank No. 2: This bank provide s for the accrual of up to 80 hours of Compensatory Time for use as time off only. This time may not be sold back to the City.
Overtime hours in excess of 80 in this account will be paid to employees in salary at one and one-half (1 ½) times the employee’s regular rate of pay.
11. COMPUTER LOAN PROGRAM
Non-probationary employees are eligible to participate in a Computer Loan Program managed by the Finance Department.
12. COST OF LIVING ADJUSTMENT:
Increases to employees’ base wages/salary ranges for any represented positions are as follows:
Effective the beginning of the pay period including July 1, 2023: 4% Effective the beginning of the pay period including July 1, 2024: 4%
For any part-time position that receives a mandated wage increase (due to the minimum wage law), the full-time position will receive the same increase.
Memorandum of Understanding
CPPEA July 1, 2023 – June 30, 2025
7 13. COURT APPEARANCE COMPENSATION:
Employees who are subpoenaed to appear in court during their off-duty hours are compensated at one and one-half (1-½) times their hourly rate of pay with a 2-hour minimum guarantee.
Employees who receive two (2) separate subpoena s to appear for the morning and afternoon sessions on the same day will receive two (2), 2-hour minimum guarantees. Time spent during all courtroom recesses, including cour t lunch recesses will be consid ered time worked for purposes of computing compensation. Hours spent in cour t beyond the two (2), 2- hour guarantees will be compensated on an hour-per-hour basis with the exception of travel time. Employees who do not exercise the option to verify that a case is scheduled and who report to the court will be compensated for their appearance.
14. COURT STAND-BY COMPENSATION:
Off duty personnel who are placed on stand-by for a possible court appearance will be paid at their straight time rate for two (2) hours per day.
15. COURT TRAVEL:
Employees who are subpoenaed to and appear in a court outside the local area (the local area being defined as Pomona and Rancho Cucamonga) during off duty hours will be paid, at a straight time rate, compensatory time off for tr avel time. The travel time is to be calculated from the Chino Police Department to the court and return.
16. DEATH BENEFIT:
Employees are provided with $100,000 in life insurance coverage, payable to beneficiary(ies) on file in Human Resources/Risk Management at time of death.
In the event of an employee’s death, their beneficiary(ies) will receive payment of all unused Leave Time at 100% except Sick Leave. Sick Leave Time will be paid out at the rate established by years of service. If the employee would have been eligible for re tirement using the definition in CalPERS, then Sick Leave Time will be paid to the employees’ beneficiary(ies) at 100% cash out of the accrued Sick Leave on record.
In the event of an employee’s death where such death is defined by the Workers’ Compensation system as an industrial death, the employee’s bene ficiary(ies) will receive 100% cash-out of the employee’s accrued Sick Leave on record.
17. DEFERRED COMPENSATION PLAN:
A deferred compensation plan is available to all employees, providing ta x-deferred savings to serve as a retirement suppl ement. An employee may contribute to the City's designated deferred compensation plan up to the maximum annual amount allowed by federal and state law through a payroll deduction program.
“Catch-up” Provision
Pursuant to federal and state law, employees attaining the minimum age of 47, who are within 3 years of their planned retirement date, may take advantage of the 457 Deferred Compensation Plan "catch-up" provisions and allowances as de fined in federal and state law. To the extent Memorandum of Understanding
CPPEA July 1, 2023 – June 30, 2025
8 allowed by federal and state law and the City's deferred compensation plan administrator, the City will allow, during the three (3) years prio r to an employee's planned retirement date, the conversion of accrued Sick Leave, Vacation, Floating Holiday, Sick Leave Conversion, Compensatory Time hours to cash contribution at the employee's base rate of pay in effect at the time of conversion. Leave conversion contributions for the "457 catch-up" shall normally be distributed over an employee's last three (3) years prior to their planne d retirement date.
However, based on the total amount of "457 catch-up" contributions available to the employee, accumulated Sick Leave hours, and the employee's designated retirement date, "457 catch-up" contributions may occur over a shorter period of time prior to retirement. To be eligible to participate, the employee must be within three (3) years of their planned retirement date, have "457 catch-up" privileges available to them, and be enrolled in the City-sponsored 457 Deferred Compensation Plan.
“Catch-up” - Sick Leave
Employees are not entitled to 100% cash-out of Sick Leave until completion of five (5) years of service with the City as the final employer and either a qualified service or disability retirement. The City will adva nce employees 47 years of age or older a cash-out of their accrued Sick Leave up to the indexed amount if they choose to utilize the “Catch Up” provision provided through the City’s 457 plan.
In the event an employee separates for any reason other than service or disability retirement from the City prior to being elig ible to receive 100% Sick Leav e pay, said employee will be required to reimburse the excess amount of Sick Leave previously paid out. The reimbursement will be deducted by the City from any or all earned funds available to the employee on separation, without it being necessary for the City to seek a civil judgment for the monies.
In order to participate, the employee will select the amount of Sick Leave they want transferred into deferred compensation at the beginning of each of the three (3) years. The amount can be a selected number of hours or a percentage of Sick Leave remaining at the end of the year. The employee’s Sick Leave balance would then decrease commensurately with the amount of funds withdrawn.
The employee will continue to accrue Sick Leave hours at the normal rate while participating in this program.
“Catch-up” hours advanced will be added back to the employee’s Sick Leave bank for the Sick Leave Program calculation.
“Catch-up”– Vacation Leave
In order to participate, the employee will se lect the amount of Vacation Leave they want transferred into deferred compensation at the be ginning of each of the three (3) years. The amount can be a selected number of hours or a percentage of Vacation Leave remaining at the end of the year. The employee’s Vacation Leave balance would then decrease commensurately with the amount of funds withdrawn.
Memorandum of Understanding
CPPEA July 1, 2023 – June 30, 2025
9 The employee maintaining their Vacation Leave maximum would still be eligible for Vacation Leave incentives, such as Vacation Leave Conversion. The employee will continue to accrue Vacation Leave hours at the normal rate while participating in this program.
“Catch-up”– Other Leave Banks
In order to participate, the employee will select the amount of other leave (this may be Floating Holiday, Sick Leave Conversion and/or Compensato ry Leave) to be transferred into deferred compensation at the beginning of each of the three (3) years. The amount must be a selected number of hours of leave. The employee’s leave balance would then decrease commensurately with the amount of funds withdrawn.
“Age 50+ Catch-up”
In the calendar year an employee reaches age 50 (or older), they may contribute an additional amount over the normal maximum contribution limit (per the IRS limit). The “Age 50 Catch- up” and “Pre-Retirement Catch-up” provisions may not both be used in the same calendar year.
Employees may use accrued Si ck, Floating Holiday, Sick Leave Conversion, Compensatory Time and/or accrued Vacation Leave to contribute this additional amount.
Contributions to the deferred compensation plan will be discontinued while an employee is receiving Workers’ Compensation payments.
18. DIRECT DEPOSIT:
All employees will be required to have funds direc tly deposited into an account they established for deposit of their payroll checks.
19. DISABILITY:
Full-time, non-probationary employees are eligible for a City-f unded Short/Long-term disability plan which provides for salary continuation effective on the 41 st consecutive calendar day of
disability at a rate of 100% of the employee’s base salary, with a provision to continue regular benefits and benefit accruals. On the 61st consecutive calendar day of disability, salary continuation is paid at a rate of up to 66-2/3% of salary at time of disability. The entire benefit period will not exceed five (5) years.
20. DISCIPLINARY APPEAL PROCEDURE:
Resolution 2003-11 will be amended to reflect that the City Manager will no longer serve as the Hearing Officer.
21. EMOTIONAL SUPPORT CANINE HANDLER:
Provide handler for emotional support canine, four (4) work hours per week for the dedicated care and maintenance of canine.
22. FLEXIBLE BENEFITS SPENDING PLAN:
A Section 125 - Flexible Benefits Spending Plan is available for employee contributions in accordance with IRS regulations.
Memorandum of Understanding
CPPEA July 1, 2023 – June 30, 2025
10 23. FLOATING HOLIDAY TIME:
Employees are provided with 35 hours of Floating Holiday Time in July of each year (prorated for new hires following completion of six (6) months of full-time/continuous service). This time off is used by the employee with the approval of their supervisor.
Employees may cash-out up to 35 hours of Floating Holiday Time, one time per fiscal year, in a set number of hours, payable at th e employee’s existing base rate of pay at the time of request.
Payment will be made with the regular payroll check run nearest the request of the cash-out (requires minimum of 10 working days prior to request). Any remaining Floating Holiday Time will be paid out in the final payroll check of each fiscal year.
Except for employees retiring from the City, employees resigning/separating from employment will have Floating Holiday Time credited on a prorated basis (2.916 hours per month), and amounts used/cashed out in excess of those they qualify for are owed back to the City upon separation. The difference will be deducted from the employee’s final check(s), or in the event that sufficient funds are not available, the employee wi ll be responsible to pay back the City within 14 calendar days from the date of separation.
24. HIRING INCENTIVE
Per Resolution 2022-40, the City will pay new-hire lateral Dispatchers (non-entry level) an incentive of $5,000 upon hire, and an additiona l $5,000 upon successfully passing the probation period.
25. HOLIDAYS:
The City has designated 12 ten-hour holidays as follows:
New Year’s Day Martin Luther King
Presidents Day Memorial Day
Independence Day Labor Day
Veterans Day Thanksgiving Day
Day following Thanksgiving Christmas Eve
Christmas Day New Year’s Eve
a) Pertaining to Administrative Secretary and Clerk Typist:
When a holiday falls on a Saturday, the preceding Friday will be recognized as the holiday.
When a holiday falls on a Sunday, the following Monday will be recogni zed as the holiday.
Employees must be paid for the regularly scheduled workda y which immediately follows a holiday in order to receive pay for that holiday.
In any instance where a City-designated holiday is observed on an employee’s scheduled day off, then said holiday hours will be deposited within an account in the employee’s name. The employee is required to initiate contact with their supervisor in writing to request authorization to utilize these banked holiday hours. The requested time off must be utilized within the equivalent of 90 days after said hours appear in the employees’ leave bank.
If the employee fails to make a written request to utilize the banked holiday hours in accordance with the 90 days’ time restrict ion, then the banked holiday hour s will be stricken from the Memorandum of Understanding
CPPEA July 1, 2023 – June 30, 2025
11 employee’s account and the employee will be entitled to no cash or other compensation in lieu thereof.
However, if the above-described written holiday utilization request is rejected by a supervisor, then the above-described 90 day period will be extended by 60 calendar days from the date that the 90
th day expired. In such case, the empl oyee will make the request for holiday utilization as described above. Rejection by supervision during the 60 calendar days extension period described herein will result in additiona l 60 calendar day’s extension until use of the holiday time is either granted and utilized, or stricken from the employee’s account as authorized herein.
However, in any instance where the employee has made a proper and timely written request to utilize a holiday, with said request being denied as described herein, the employee will not be compelled by supervision to utilize the holiday on a day which is unacceptable to the employee.
When an employee separates fr om City employment (for any reason) and has one or more accumulated holidays on account on the effective date of the separation the accumulated holiday will be converted to cash at the hourly rate existing at the time of separation and in an amount equivalent to the number of hours constituting a “workday” at the time of separation.
In any instance where an employee works on a holiday, the employee may:
i. Be paid holiday hours at straight time and bank hours worked as compensatory time at overtime hours.
ii. Be paid holiday hours at straight time and be paid hours worked at overtime rate.
b) Pertaining to all positions other than those li sted in paragraph (a) herein – Employees are credited with 155 holiday hours (observed City holidays plus Floating Holiday Time) at the beginning of each fiscal year. Employees have the option of converting Holiday Time to cash or to accumulated time off. Holiday time converted to cash pursuant to exercise of the above option, will be compensated at the current ba se hourly rate. Any holidays converted to accumulated time off must be utilized during the fiscal year, and there will be no option to carry unused accumulated holiday time from one fiscal year to another. Employees who have unused holiday hours for the period of July 1 through June 30 of any fiscal year will be paid, on the last payday of the fiscal year, for all remaining hours calculated at the base hourly rate for each hour of unused holiday time.
Employees may receive payment for holidays in one lump sum, in a check separate from their regular payroll check, upon written request to the City’s Finance Department, at any time throughout the year. Requests submitted with time sheets will be paid with the next regular payroll check distribution. Holiday pay will be cal culated at the pay rate at the time of cash out.
Special compensation will be reported according to PERS requirements and guidelines.
Except for employees retiring from the City, employees who use or receive pay for observed City holidays and subsequently terminate their empl oyment with the City, w ill be responsible to reimburse the City for hours used beyond those which would have normally accrued during that period of time in the fiscal year.
Memorandum of Understanding
CPPEA July 1, 2023 – June 30, 2025
12 26. HOLIDAY CLOSURE:
Pertaining to Administrative Secretary and Clerk Typist:
The City reserves the right to close non-safety fac ilities between Christmas Eve and New Year's Day.
Employees may use accrued Vacation, Floating Holidays, Compensatory Time, Sick Leave Conversion or remain in an unpaid leave status during this period.
The City shall have the discretion to advance Vaca tion time, which will be earned by the employee in the future, to those employees who request it and who do not have any current Vacation, Floating Holiday, Compensatory Time, or Sick Leave Conversion and do not wish to be in an unpaid leave status during the closure.
Based on the organizational needs, certain classifications may be required to work during the holiday closure. This determination will be made by the Department Director.
27. JURY DUTY:
Employees are compensated for jury service of 10 work days per fiscal year. A “work day” will be defined as a regularly scheduled day of work for the employee.
For all jury service, employees ar e required to deliver a jury duty certification form at the end of the required jury duty to verify such service. Employees required to serve on a jury must report to work before and after jury duty provided there is an opportunity for at least one (1) hour of actual work time.
28. LEAVE APPROVAL:
Employees are guaranteed to receiv e approval from supervisor(s) fo r paid leave of not less than 80 hours non-consecutive Vacation, Floating Holiday or Compensatory Time each fiscal year to be deducted from the employee’s accrued leave time on record.
29. LIFE INSURANCE:
Employees are provided with $100,000 in life insurance coverage.
See also Death Benefit Section of this MOU.
30. LONGEVITY PAY:
Employees are eligible for longevity pay as a one-time lump sum payout as follows:
20 years of service - $1,000 paid in a lump sum at time of anniversary. 25 years of service - $1,500 paid in a lump sum at time of anniversary. 30 years of service - $2,000 paid in a lump sum at time of anniversary. 35 years of service - $2,500 paid in a lump sum at time of anniversary. 40 years of service - $3,000 paid in a lump sum at time of anniversary. 45 years of service - $3,500 paid in a lump sum at time of anniversary.
Employees will receive a one-time payment upon adoption of this Memorandum of Understanding if having already reached one of the anniversaries above. For example, if an employee has worked for the City for 31 years, employee would r eceive a one-time payment of $2,000. Upon reaching their 35 year anniversary, employee would receive Longevity Pay of $2,500.
Memorandum of Understanding
CPPEA July 1, 2023 – June 30, 2025
13 31. MILEAGE REIMBURSEMENT:
Only employees authorized by their Department Director and who have provided the required vehicle insurance verification are eligible to receive mileage reim bursement. The City uses the standard rate established by the Internal Revenue Service to calculate reimbursement for mileage.
32. ON-CALL PAY
See Standby Pay section of this MOU.
33. OVERTIME:
For purposes of overtime computations, Vacation, Sick Leave, Compensatory Time, and Holiday time taken in a work week will be counted as hours worked. Overti me hours are paid at the rate of one and one-half (1-½) times the employee’s base rate of pay unless otherwise specified in this Memorandum of Understanding.
See also Regular Rate of Pay Section of this MOU.
34. OVERTIME COMPENSATION:
Mandatory overtime will be all overtime which is as signed; this rate will be at one and one-half (1-½) times the employee’s hourly rate. Employees who work beyond two (2) consecutive shifts within a 24 hour period will be comp ensated at two (2) times the employee’s regular base rate of pay commencing on the 17th consecutive hour of work.
See also Regular Rate of Pay Section of this MOU.
35. PRISONER TRANSPORTATION PAY:
See Special Assignment Pay section of this MOU.
36. RECRUITMENT INCENTIVE
For recommendation resulting in sworn Officer hire as follows:
$2,000 @ Hire plus $500 @ completion of probation for entry level $4,000 @ Hire plus $1,000 @ completion of probation for lateral.
For recommendation resulting in hire of Public Safety Dispatcher or Public Safety Dispatch Supervisor:
$2,000 at hire + $500 at time of completion of probation.
37. REGULAR RATE OF PAY:
For purposes of determining the “regular rate” of pay in calculating Fair Labor Standards Act (“FLSA”) overtime, the “regular rate” of pay includes “all remuneration for employment paid to, or on behalf of, the employee” except payments specifically excluded under the FLSA (29 USC Section 207(e)). In addition to the base salary rate, compensation earned by the employee during the seven (7) day work period pursuant to th e following provisions of this Memorandum of Understanding (“MOU”) will be included for purposes of determining the “regular rate” of pay:
Acting Pay
Additional Duty Pay
Unused portions of the Benefit Bank actually received as cash Bilingual Pay
Memorandum of Understanding
CPPEA July 1, 2023 – June 30, 2025
14 Longevity Pay
Special Assignment/Pay
Standby Pay
Training Pay
Uniform Cleaning Allowance
For purposes of calculating the total hours actually worked in the work period, all hours taken as leave during the work period will continue to be deducted from total number of hours actually paid.
See also Overtime and Overtime Compensation Sections in this MOU.
38. REHIRE POLICY:
An employee who resigns from City employment and at the time of resignation is noted as being subject to rehire, and who is in fact, rehired late r than six (6) months after the effective date of resignation and then employed in their former classification, or in a position within the classification series held at the time of resignation and in a comparable or lower rank, will serve the same probationary pe riod that any new hire would otherwise serve and will be otherwise subject to all terms and conditions of employment applicable to any newly hired employee. The only exception will be that any employee rehired will have their seniority level and leave accrual rates set based upon the number of years of service with the City of Chino prior to their resignation.
Employees rehired by the City under the City’s Rehire Policy will be allowed to buy back any time cashed out at time of separation. Said buy back will be at the hourly ra te existing upon rehire.
Sick Leave on record at the time of separation that was not compensated for, will be reinstated.
39. RESPONSE TO DOCUMENTS PLACED IN EMPLOYEE PERSONNEL FILE:
An employee is limited to 30 calendar days from service of an adverse document in which to respond to said document placed in their Perso nnel File. If the empl oyee, or the employee’s representative, requires additional time to prepare a response, either party may, in writing, notify the Director of Human Resources/Risk Management and an additional 30 days extension will be granted.
40. RETIREMENT:
Retirement Plans – The City has a three-tier retirement plan as follows:
A. Employees hired before the contract amendment with CalPERS effective October 16, 2011 will continue to be eligible for the 2.7% at age 55 Plan, with the single highest year final compensation.
B. Employees hired on or after the contract amendment with CalPERS effective October 16, 2011 will be enrolled in the 2% at age 55 Plan, with a 3-year average final compensation.
C. Employees hired on or after January 1, 2013, will be enrolled in the 2% at age 62 (PEPRA) Plan, with a 3-year average final compensation.
Member Contribution to PERS
Members will contribute the employee rate of contributions each payroll. All employee paid contributions to CalPERS will be made on a pre-tax basis, in accordance with IRS section 414 (h)(2) and PERS guidelines:
Memorandum of Understanding
CPPEA July 1, 2023 – June 30, 2025
15 A. 2.7% at 55, if hired before October 16, 2011:
1) Employee contribution rate – 8% of reportable compensation.
B. 2% at 55, if hired on or after October 16, 2011:
1) Employee contribution rate – 7% of reportable compensation.
C. 2% at age 62 (PEPRA) if entering CalPERS membership on or after January 1, 2013 1) Employee contribution rate – 7.25% of reportable compen sation (subject to change).
Fourth Level 1959 Survivor Benefit – The City will pay all costs associated with this benefit.
32. SALARY ADJUSTMENT:
All adjustments to an employee’s salary will be ma de at the start of the pay period in which the salary adjustment becomes effective.
Public Safety Dispatcher – will receive a one-time adjustment to current base salary range in order to place this classification in line with the number three (3) position among the salary survey cities.
42. SCHEDULE
A. CHANGING OF DAYS OFF FOR TRAINING PURPOSES:
Employees will not be subjected to non-voluntary splitting of their days off to accommodate departmental training needs.
B. EMERGENCY SCHEDULE:
The City reserves the right to waive the seniority criteria and determine shift work scheduling and vacations as is necessary and desirable for the needs of the service, under emergency and/or temporary situations. (Refer to Seniority section)
C. FLEXIBLE TIME SCHEDULING:
The City allows employees the ability to utilize a flexible time (flex time) work schedule.
Scheduling is developed/administered departmentally with the department director serving as ultimate approver of schedules.
34. SENIORITY:
The City and non-sworn employees of the Chino Police Department agree to use seniority as the method of determining shift work schedules and vacation.
Seniority will be determined by hire date with Chino Police Department. If two (2) new personnel (any job class or rank) are hired at the same time, at the same step, for the same position, then City payroll numbers (determined alphabetically) will determine seniority with the lowest number being senior.
For added clarification, the City reserves the right to waive the seniority criteria and determine shift work scheduling and vacations as is necessa ry and desirable for the needs of the service, under emergency and/or temporary situations.
Memorandum of Understanding
CPPEA July 1, 2023 – June 30, 2025
16 35. SEPARATION FROM CITY:
At the discretion and approval of the Department Director, empl oyees may be allowed to extend their last day of employment through the use of leave time one (1) pay period beyond that day on which the employee actually reports to work.
36. SICK LEAVE:
Upon hire, employees will be credited with 30 hours or three (3) days of Sick Leave, whichever is greater, which can be used following the comp letion of 90 days of continuous full-time employment. Following the 90
th day of employment, for each calendar month in which the employee is paid for more than two-thirds (2/3) of the working days in such month, employees accrue 10 hours of Sick Leave per month up to a maximum accrual of 1,080 hours.
If an employee changes status (e.g. changes from full-time to part-time employment), or separates from this bargaining group, the employee will be subject to the new bargaining group’s MOU or Summary of Benefits.
Upon notice of resignation or retirement from the City, any Sick Leave usage requested will require a doctor’s note or certification. If documentation is not received, the employee will not receive payment for any Sick Leave hours for time missed from work.
37. SICK LEAVE HIRING INCENTIVE:
For difficult to fill positions, a new employee may be credited with up to 200 hours of Sick Leave so long as the prior employer did not compensate the employee for these Sick Leave hours at this amount or greater.
38. SICK LEAVE BUY-BACK:
At separation of employment the City will buy back a percentage of the employee’s accrued Sick Leave hours, at the hourly base rate of pay at th e time of separation. This benefit is contingent upon non-retirement, non-disc iplinary separation, and completion of five (5) years of full-time City service. The percentage of Sick Leave Buy Back is:
Completed Years of Service % of Sick Leave Converted to Compensation 5 years 30%
10 years 35%
15 years 40%
20 or more years 45%
The City will buy-back Sick Leave at 100% for any service or disability retirement following five (5) years of continuous full-time service with the City as the final employer.
Memorandum of Understanding
CPPEA July 1, 2023 – June 30, 2025
17 39. SICK LEAVE CONVERSION TO PERSONAL LEAVE:
For employees who have earned Sick Leave accrual benefits for one (1) full fiscal year, Sick Leave may be converted to Personal Leave in accordance with the following schedule:
A
Sick Leave
Days (10 hours)
Earned
B
Annual Sick
Leave Days
(10 hours) Used
C
Personal Leave
Days (8 hours)
Conversion
D
Up to 56 hours of Sick
Leave in excess of 960
Hours limit converted
To Pay
12 days (120 hrs) 0 8 da ys (64 hrs) 0+64+56 = 120 hrs
11 days (110 hrs) 1 da y (10 hrs) 7 da ys (56 hrs) 10+56+54 = 120 hrs 10 days (100 hrs) 2 da ys (20 hrs) 6 da ys (48 hrs) 20+48+52 = 120 hrs 9 days (90 hrs) 3 da ys (30 hrs) 5 da ys (40 hrs) 30+40+50 = 120 hrs 8 days (80 hrs) 4 da ys (40 hrs) 4 da ys (32 hrs) 40+32+48 = 120 hrs 7 days (70 hrs) 5 da ys (50 hrs) 3 da ys (24 hrs) 50+24+46 = 120 hrs 6 days (60 hrs) 6 da ys (60 hrs) 2 da ys (16 hrs) 60+16+44 = 120 hrs Personal Leave must be taken as time off with Department Director approval and may not be carried from one fiscal year to another. Personal Leave that is not used will be credited to Sick Leave at the end of the fiscal year if said credited hours do not exceed the 1,080 hours Sick Leave limit.
40. SICK LEAVE PROGRAM
Employees with a Sick Leave accumulation in excess of 960 hours on the last pay period in June, may convert up to 56 hours of sick leave to cash. Payment shall be calcu lated at the employee’s hourly base rate and paid in the final payroll check of each fiscal year.
41. SPECIAL ASSIGNMENTS:
Employees will be subject to mandatory transf ers into “Special Assignments” to meet the operational needs of the City. Trai ning will be provided, as needed, to assist in the transition of acquiring new duties and responsibi lities. If an employee has a sp ecific concern relative to the “Special Assignment” they have been chosen to fill, a discussion will be held that may include the affected employee, their representative, the Director of Human Resources/Risk Management and any other relevant party.
An employee will experience no ch ange in compensation if the “Special Assignment” is deemed to be set at a lower pay grade than the employee is currently earning. If an employee is placed in a position at a higher pay grade than the employee is currently earning, this will be deemed to be “Acting Duty” and will be compensated in accord ance with the City’s Rules regarding “Acting Duty” status. The period over which “Acting Duty ” can be continued will not be limited by the timeline set in the Personnel Rules. An employee on “Special Assignment” will not be placed on probationary status. The length of time to be wo rked in “Special Assignment” is undetermined; however, an employee, or their representative, may periodically request a status report as to the anticipated continuation of their “Special Assignment” job.
An employee demonstrating a bonafide inability to perform the duties of the “Special Assignment” (i.e., not performing at a satisfactory level or bette r) will not be subject to termination if said substandard performance is based on a lack of job skill or a disability.
Memorandum of Understanding
CPPEA July 1, 2023 – June 30, 2025
18 42. SPECIAL ASSIGNMENT PAY:
An additional $100 per month (paid over 24 pay peri ods) will be paid to Police Service Officers whose additional duties include prisoner transportation.
43. STANDBY PAY:
Two (2) hours for each day of the week, including weekends and holidays, will be paid at straight time, in pay or Compensatory Time off at the em ployee’s option, to employees required to be on Standby duty as authorized by the Department Director or a designated representative.
44. TRAINING PAY
Employees holding the position classification of Crime Analyst, Crime Prevention & Community Outreach Specialist, Police Records Technician, Sr. Police Records Technician, Police Service Officer, Property and Evidence Technician and P ublic Safety Dispatcher I/II who are formally designated to act as a Training Officer, actually supervising a trainee, and doing so for no less than 50% of the Training Officer’s regularly scheduled shift, will earn one and 1/2 (1 ½ ) hours of pay for each shift served as a Training Officer. This pay will have no limiting effect on the receipt of overtime by the training employee when overtime is authorized by the supervisor.
45. TUITIONADVANCE PROGRAM:
Full-time, non-probationary employees who desire to enroll in an accredited college/university degree program or professional development course, are eligible for tuition advancement up to a maximum of $3,500 per fiscal year. A Tuition A dvancement Form must be received by the Human Resources/Risk Management Department for review and approval before and advance will be provided. Budgeted funds must be available to cover tuition advance and no expenditure beyond the approved budget allocation will be authorized to cover any amount of any employee’s educational expenses.
The non-probationary status requirement does not pertain to those employees who are considered to hold probationary status due to a promotion into a new position in the City. Affected employees are required to complete one year of service with the City from the date of completion of course work to be eligible for this benefit. Indivi duals voluntarily separating from the City prior to completion of one year of service with the City from date of completion of course work will be required to reimburse the City for funds adva nced to them under this program. Said reimbursement shall be deducted from any separation check to be distributed to the employee, no matter what the nature of the funds, without the necessity of a judgement being mandated on behalf of the City.
A college or university shall be defined as an institution accredited by the Western Association of Schools and Colleges Senior College and University Commission (WASC), the Accrediting Commission of Community and Junior Colleges (ACCJC), Northwest Commission on Colleges and Universities (NWCCU), Southern Association of Co lleges and Schools Commission on Colleges (SACSCOC), Middle State Commission on Higher Education (MSCHE), New England Association of Colleges and School s (NEASC) or an institution listed on the Higher Learning Memorandum of Understanding
CPPEA July 1, 2023 – June 30, 2025
19 Commission (HLC). Other accreditations may be eligible upon review by the Human Resources Department.
Advanceable expenses will include books, tuition, parking and registration/enrollment fees. All required fees such as health-related fees, “gym” fees and other miscellaneous fees, whether billed as “tuition” or otherwise required of the institu tion are eligible. Items such as paper, pens, notebooks, and printing fees will not be eligible.
Employees agree that upon accepting a tuition advance from the City, the employee is responsible to provide the City with verification of completion of class(es), grade(s) and receipts for expenses within 60 calendar days from the date of final course work (as indicated on the request for tuition advance form submitted by the employee). In the event that the e ducational institution attended does not provide the employee with verification of completion or grad es or receipts within this 60 calendar days timeframe, th e employee is responsible to notify the Director of Human Resources/Risk Management, in writing, of such and an additional 60 calendar days extension will be granted. In the event that an employ ee does not provide verification of completion of class(es), grade(s) and receipts for expenses at the end of either the initial 60 calendar days or at the end of the extension of an additional 60 cale ndar days (to 120 calendar days total), the City will have the right to automatically make a pa yroll deduction from the employee's next regular payroll check in an amount equal to the amount of tuition funds advanced.
46. TUITION REIMBURSEMENT – ENHANCED PROGRAM
Employees who have incurred otherwise reimbursable tuition cost in an amount greater than the maximum amount available shall be eligible to receive additional reimbursement to the extent that tuition reimbursement funds are available at the end of each fiscal year. No such distribution will be made until the conclusion of the fiscal y ear in order to verify the number of employees making application for the enhan ced benefit. Employees must submit a tuition reimbursement invoice to the Human Resources Department/Risk Management no later than May 1 of each year in order to participate in this Enhanced Program.
It shall remain the in dividual employee’s responsibility to apply for and receive written authorization to participate in a tuition reimbursable course prior to any such enrollment.
47. UNIFORM CLEANING ALLOWANCE:
Employees holding the position classification of Crime Prev ention & Community Outreach Specialist, Crime Analyst, Poli ce Records Technician, Sr. Polic e Records Technician, Police Service Officer, Property and Evidence Technician, and Public Safety Dispatcher I and II will be provided with a uniform cleanin g allowance of $770 per year. Payment for the total uniform cleaning allowance will be made one (1) time per year. This payment may be in a deposit separate from the employee’s regular paycheck and will be provided at the time of distribution of the second payroll check in August of each year. If assignment is made to a non-uniformed unit prior to the end of the fiscal year, the employee will be resp onsible to reimburse to the City on a pro-rated basis such amount which he/she is no longer eligible to receive.
48. VACATION LEAVE:
Maximum accrual of Vacation is 400 hours. U pon separation from City employment, accrued Vacation will be paid at the employee’s then existing hourly rate of pay. New employees with less Memorandum of Understanding
CPPEA July 1, 2023 – June 30, 2025
20 than six (6) months of City service are ineligible to receive Vacation Leave Conversion. It is the responsibility of employees to schedule Vacation ti me off for rest and rec uperation in order that earned Vacation time in excess of 400 hours will not be removed from the records.
Months of Completed Service Annual Vacation Accrual
6-24 12 Da ys (120 hours)
25-48 15 Da ys (150 hours)
49-108 18 Da ys (180 hours)
109-120 19 Da ys (190 hours)
121 + 20 Da ys (200 hours)
49. VACATION LEAVE BUY-BACK:
At separation or retirement, 100% of accrued Vacation Leave, to a maximum of 400 hours, will be paid at the employee’s existing base rate of pay. New employees with less than six (6) months of service are ineligible to receive Vacation Leave Buy Back.
50. VACATION LEAVE CONVERSION:
Employees who have accrued a minimum of 120 hours of Vacation Leave may convert a maximum of 80 hours of Vacation Leave to pay per fiscal year. Employees may convert leave to pay in April and/or November of each year, calculated at the employee’s hourly base rate of pay at the time of conversion. Six (6) months prior to date of conversion, half the numbe r of accrued leave hours requested, excluding Sick Leave, must have been taken as time off. Usage requirement waived for “activated” military personnel.
51. WORKERS’ COMPENSATION PROGRAM:
Whenever an employee of the City is disabled wh ether temporarily or permanently by injury or illness arising out of, and in the course of their duties, the employee will be compensated as follows: On the first, second, and third day of the injury, employees will use accrued Sick Leave, Vacation Leave, Floating Holiday Leave, and/ or Compensatory Time off for full salary continuance.
Commencing the fourth day of the injury, the City will continue the employee’s salary at a rate of 66-2/3% of the current m onthly salary, less any a pplicable deductions (i.e ., credit union, health insurance coverage), for a period not to exceed 12 months. If the disability extends for a period beyond 14 calendar days, the City will credit the employee for the first three (3) days of Sick Leave used. If hospitalization is requir ed, the first, second, and third da ys’ salary is paid by the City through the Workers’ Compensation program.
52. WORKERS’ COMPENSATION PREMIUM PAYMENT:
In the event that a work-related illness or injury results in a permanent disability settlement, the City will provide a ten percent (10%) premium benefit payment provided the following occurs:
That the Workers’ Compensation Appeals Board approves the total settlement, including the 10% premium benefit;
That neither a “Notice of Cla im” nor “Application for Adjudi cation of Claim” will have been filed or served against the City of Chino;
Memorandum of Understanding
CPPEA July 1, 2023 – June 30, 2025
21 That the injured employee has diligently sought medical attention as prescribed by the treating physician(s) approved by the City;
That the injured employee and the City have employed the guidance of the State Department of Industrial Rela tions Office of Information a nd Assistance to resolve any outstanding issues or misunderstandings.
Representation is a legal right recognized by statutory law. Nothing precludes an employee from retaining legal counsel or repres entation; however, the premium benefit offered is only available in cases handled without the involvement of legal counsel. This is done in recognition of the cost savings that result in non-litigated cases that can be passed on to the ill or injured worker.
53. SAVINGS CLAUSE:
Should any clause in this Memorandum of Understanding be held invalid by law and/or a court of competent jurisdiction, then only that clause will be stricken and the remainder of the Memorandum of Understanding will remain in fu ll force and effect. Th e City and CPPEA will immediately commence to negotiate for the purpose of replacing any invalid or illegal provision.
However, no such replacement is mandated.
54. MAINTENANCE OF EXISTING BENEFITS:
All wages, hours and other terms and conditions of employment no t specifically altered by this Agreement and presently enjoyed by the employees will remain in full force and effect during the term of this Agreement unless mutually agreed to the contrary by both the City and CPPEA or determined by law and/or by a court of competent jurisdiction to be unlawful.
55. IMPLEMENTATION:
The terms of this Memorandum of Understanding are subject to consideration and approval by the City Manager of the City of Chino and will only be implemented up on adoption by the City Council.
CPPEA proposals for the next Agreement are due to the City no later than April 15 of each year.
Signatures on following page.
Memorandum of Understanding
CPPEA July 1, 2023 – June 30, 2025
22 Leah Green, Employee Representative Linda Reich City Manager Chino Police Professional Employees City of Chino
Association (CPPEA)
D a t e D a t e
Fernando Pelaez, Employee Representative Geriann Kingslan, Director of Human Chino Police Professional Employees Resources/Risk Management Association (CPPEA) City of Chino
D a t e D a t e