Memorandum of Understanding
CONFIDENTIAL July 1, 2023 June 30, 2025
3 MEMORANDUM OF UNDERSTANDING
BETWEEN REPRESENTATIVES OF THE CITY OF CHINO, CALIFORNIA,
AND THE CHINO CITY HALL CONFIDENTIAL EMPLOYEE ASSOCIATION (A RECOGNIZED EMPLOYEE ASSOCIATION)
This Memorandum of Understanding (MOU) is entered into with references to the following facts:
A. The Chino City Hall CONFIDENTIAL Employee A ssociation, hereinafter referred to as the “CONFIDENTIAL,” is the recognized employ ee organization for all regular, full-time CONFIDENTIAL, non-management employees w ithin City Hall in the City of Chino, hereinafter referred to as the “City,” who ar e assigned to the City Manager’s office, Human Resources/Risk Management Department, Finance Department/Payroll Division, Administrative Secretaries reporting to a Department Director and all Management Assistants assigned to Finance, Community Services, Parks & Recreation and the Administration Departments. The positions in CONFIDENTI AL Association are designated as such in the City’s Classification and Compensation Schedule. Non-Management Positions.
Administrative Secretary – Community Services Department Administrative Secretary – Development Services Department Administrative Secretary – Finance Department
Administrative Secretary – Human Resources/Risk Management Department Deputy City Clerk – Administration Department
Executive Assistant to the City Council – Administration Department Human Resources Specialist – Human Resources/Risk Management Department Human Resources Technician – Human Resources/Risk Management Department Information Technology Specialist – Administration Department Management Assistant – Various Departments
Payroll Clerk – Finance Department
Payroll Supervisor – Finance Department
Payroll Technician – Finance Department
Records Technician – Administration Department
Secretary To The City Council – Administration Department
B. In the interest of maintaining harmonio us relations between the City and the CONFIDENTIAL, authorized representatives of the City and CONFIDENTIAL have met and conferred in good faith, exchanging various pr oposals concerning wages, hours, and other terms and conditions of employme nt of the employees which are within the scope of law for represented employees in CONFIDENTIAL.
C. The authorized representatives of the City and CONFIDENTIAL have reached mutual agreement on wages, hours and other terms and conditions of employment for these employees.
THEREFORE, the City and CONFIDENTIAL 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 Understanding apply only to those
Memorandum of Understanding
CONFIDENTIAL July 1, 2023 June 30, 2025
4 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 Pay after an employee has worked in a higher classification for 20 consecutive work days or for 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 5% above the employee’s current base sa lary rate or “A” Step of the Acting position Classification, whichever is greater, unless otherwise authorized by the City Manager.
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 da ys or 20 non-consecutive work days in a 90 calendar day period. The employee will receive Acting Pay re troactive to the first day of serving in the acting capacity.
2. ADDITIONAL 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 estab lished for CONFIDENTIAL business. Copies exceeding 250 per month will be paid to the C ity by CONFIDENTIAL at the current per-copy charge. Association members are provided 24 hours per fiscal year to be used to attend to training or other related business in the interest of CONFIDENTIAL, at times authorized by the City.
These hours do not accumulate or carry over from one fiscal year to the next.
CONFIDENTIAL is allowed to use City Hall as its corporate headquarters (mailing address and meetings). Permission must be obtained from the City Manager for any association fundraising activity conducted on City of Chino property.
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 no later than six (6) months (180 days ) prior to the expiration of the Memorandum of Understanding then in effect. A Decertificati on Petition must be filed by two (2) or more employees or their representativ e, or an employee or ganization, and will co ntain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete:
Memorandum of Understanding
CONFIDENTIAL July 1, 2023 June 30, 2025
5 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 one month (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.
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 depe ndents. The Benefit Bank total will be equal to the premium cost of HMO medical (at the rate e qual 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.
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 $100 Bilingual allowance per month (paid over 24 pay periods) for verbal fluency in any langua ge that the Department Direct or deems necessary other than English, 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
Memorandum of Understanding
CONFIDENTIAL July 1, 2023 June 30, 2025
6 Director will make his/her recommendation based on an asse ssment 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.
An additional $50 bilingual allowance per month may be granted if the employee’s Department Director determines that the employee uses bilingua l skills on an ongoing and consistent basis.
The Department Director makes this determination and there is no right of appeal.
8. COMPENSATORY TIME:
Employees may accrue a maximum of 40 hours of Compensatory T ime off. Each employee has the option of electing to convert any, or all, accrued Compensatory Time off hours to pay with the second paycheck in November of each year at the hourly rate existing at that time. Upon separation from this bargaining unit, accrued Compensatory T ime off will be converted to cash at the then existing base hourly rate.
Employees will only be eligible to earn Compen satory Time when working overtime in their regularly assigned assignment. All other overtime earned will be paid.
9. COMPUTER LOAN PROGRAM
Non-probationary employees are eligible to participate in a Computer Loan Program managed by the Finance Department.
10. 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.
11. DEATH BENEFIT:
Employees are provided with $100,000 in life insuran ce coverage, payable to beneficiary on file in the Human Resources/Risk Management Department at time of death.
In the event of an employee’s death, their benefi ciary 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 e ligible for retirement using the definition in CalPERS, Sick Leave will be paid to the empl oyee’s beneficiary(ies) at 100% cash out of the employee’s accrued Sick Leave on record.
Memorandum of Understanding
CONFIDENTIAL July 1, 2023 June 30, 2025
7 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.
12. 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 three (3) years of their planne d retirement date, may take advantage of the 457 Deferred Compensation Plan "Catch-up" provisions and allowances as defined in federal and state law.
To the extent allowed by fede ral and state law and the City 's deferred compensation plan administrator, the City will allow, during the three (3) years prior to an employee's planned retirement date, the conversion of accrued Si ck Leave/Vacation/Sick Leave Conversion/ Floating Holiday Compensatory Time leave 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 dist ributed over an employe e's last three (3) years prior to their planned 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 him/her, 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
Memorandum of Understanding
CONFIDENTIAL July 1, 2023 June 30, 2025
8 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 counted towards 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.
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). 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 Sick Leave hour s and/or accrued Va cation Leave hours to contribute this additional amount.
Contributions to deferred compensation progra m will be discontinued while an employee is receiving Workers’ Compensation payments.
13. DIRECT DEPOSIT
All employees will have funds dir ectly deposited into an account they established for deposit of their payroll checks.
14. 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
Memorandum of Understanding
CONFIDENTIAL July 1, 2023 June 30, 2025
9 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.
15. DISCIPLINARY APPEAL PROCEDURE:
Resolution 2003-11 will be amended to reflect that the City Manager will no longer serve as the Hearing Officer.
16. FLEXIBLE BENEFITS SPENDING PLAN:
A Section 125 - Flexible Benefits Spending Plan is available for employee contributions in accordance with IRS regulations.
17. 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 one 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 or 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.
18. 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
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 recognized 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.
Memorandum of Understanding
CONFIDENTIAL July 1, 2023 June 30, 2025
10 When a City-designated holiday is observed on an employee’s scheduled day off, holiday hours will be credited to the employee. The employee is required to initiate contact with their supervisor in writing to request authorization to utilize thes e banked holiday hours. The requested time off must be utilized within the equiva lent 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 restri ction, then the banked holiday hours will be stricken from the 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 ut ilization request is reje cted by a supervisor, then the above-described 90 day pe riod will be extended by 60 calendar days fr om the date that the 90
th day expired. In such case, the employee w ill make the request for holiday utilization as described above. Rejection by supervision during the 60 calendar days extension period described herein will result in additional 60 calendar days exte nsions 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 ha s 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 from City employm ent (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 exis ting 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:
a) Be paid holiday hours at straight time and bank hours worked as compensatory time at overtime rate.
b) Be paid holiday hours at straight time and be paid hours worked at overtime rate.
19. HOLIDAY CLOSURE:
The City reserves the right to close non-safety facilities 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 Vacation 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.
Memorandum of Understanding
CONFIDENTIAL July 1, 2023 June 30, 2025
11 20. 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.
21. LIFE INSURANCE:
Employees are provided with $100,000 in term life insurance coverage.
Also see Death Benefit Section in this MOU.
22. 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 receive a one-time payment of $2,000. Upon reaching their 35 year anniversary, employee would receive Longevity Pay of $2,500.
23. 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.
24. OVERTIME:
For purposes of overtime computations, Vacation, Sick Leave, Compensatory Time, and Holiday time taken in a workweek will be counted as hours worked. Overtime hours are paid at the rate of one and one-half (1-1/2) times the employee’s base rate of pay unless otherwise specified in this Memorandum of Understanding.
Employees working Household Hazardous Waste or another assignment outside of their regularly assigned Department must seek their supervisor’s approval prior to working the outside assignment; the employee may be paid for overtime or accrue compensatory time.
Also see Regular Rate of Pay Section in this MOU.
Memorandum of Understanding
CONFIDENTIAL July 1, 2023 June 30, 2025
12 25. RECRUITMENT INCENTIVE
For recommendation resulting in sworn Officer hire as follows:
$2,000 @ Hire + $500 @ completion of probation for entry level. $4,000 @ Hire + $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.
26. 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
Longevity
For purposes of determining the total hours actually worked in the work period, all hours taken as leave are deducted from total number of hours paid.
See also Overtime Section of this MOU.
27. REHIRE POLICY:
An employee who resigns from City employment and at the time of resignation is noted as being subject to rehire, a nd who is, in fact, rehired la ter 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.
28. 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
Memorandum of Understanding
CONFIDENTIAL July 1, 2023 June 30, 2025
13 the Director of Human Resources/Risk Management and an additional 30 days extension will be granted.
29. 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 55 Plan, with the singl e 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 55 Plan, with a 3-year average final compensation.
Employees hired on or after January 1, 2013, will be enrolled in the is 2% at age 62 (PEPRA) Plan with a 3-year average final compensation.
Member Contribution to CalPERS
Members will contribute the employee rate of c ontributions each payroll. All employee paid contributions to PERS will be made on a pre-tax basis, in accordance with IRS section 414 (h)(2) and PERS guidelines:
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.
30. 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.
31. SCHEDULE:
The City allows employees the ability to utilize a flexible time (flex time) work schedule.
Scheduling is developed/administer ed departmentally with the De partment Director serving as ultimate approver of schedules.
32. 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.
Memorandum of Understanding
CONFIDENTIAL July 1, 2023 June 30, 2025
14 33. 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 rece ived, the employee will not receive payment of any Sick Leave hours for time missed from work.
34. 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 sick leave hours at the amount proposed or greater.
35. 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
CONFIDENTIAL July 1, 2023 June 30, 2025
15 36. 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 th at is not used will be credited to Sick Leave at the end of a fiscal year if said credited hours do not exceed the 1,080 hours Sick Leave time.
37. SICK LEAVE PROGRAM:
Employees having in excess of 960 hours of accumulated sick Leave on the last pay period in June will be paid in the final paycheck of the fiscal year, an amount computed at the then existing hourly rate for each hour in excess of 960 hours, up to a maximum of 56 hours.
38. TUITIONADVANCE PROGRAM:
Full-time, non-probationary employees who desire to enroll in an accredited college/university degree program or professional de velopment course, are eligible for tuition advancement up to a maximum of $3,500 per fiscal year. A Tuition Advancement 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 authori zed to cover any amou nt 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 advanced 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.
Memorandum of Understanding
CONFIDENTIAL July 1, 2023 June 30, 2025
16 A college or university shall be defined as an institution accredited by the Western Association of Schools and Colleges Senior College and Univ ersity Commission (WASC), the Accrediting Commission of Community and Junior Colleges (ACCJC), Northwest Commission on Colleges and Universities (NWCCU), Southern Asso ciation of Colleges and Schools Commission on Colleges (SACSCOC), Middle State Commission on Higher Education (MSCHE), New England Association of Colleges and Schools (NEASC) or an instituti on listed on the Higher Learning Commission (HLC). Other accreditations may be eligible upon review by the Human Resources Department.
Advanceable expenses will include books, tuition, pa rking 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 instit ution 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 th e event that the educational institution attended does not provide the employee with verification of completion or grades or receipts within this 60 calendar days timeframe , the employee is responsible to notify the Dire ctor of Human Resources/Risk Management, in writing, of such and an additional 60 calendar days extension will be granted. In the event that an employee does not provide verification of completion of class(es), grade(s) and receipts for expenses at the end of ei ther the initial 60 calendar days or at the end of the extension of an additional 60 calendar days (to 120 calendar days total), the City will have the right to automatically make a payroll deduction from the employee's next regular payroll check in an amount equal to the amount of tuition funds advanced.
39. 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 year in order to verify the number of employees making application for the enhanced benefit. Employees must submit a tuition reimbursement invoice to the Human Resources/Risk Management Department no later than May 1 of each year in order to participate in this Enhanced Program.
It shall remain the individua l employee’s responsibility to apply for and receive written authorization to participate in a tuition reimbursable course prior to any such enrollment.
Memorandum of Understanding
CONFIDENTIAL July 1, 2023 June 30, 2025
17 40. 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 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 mos – 24 mos of service: 12 da ys p/year (10.0000 hours p/month) 25 mos – 48 mos of service: 15 da ys p/year (12.5000 hours p/month) 49 mos – 108 mos of service: 18 da ys p/year (15.0000 hours p/month) 109 mos – 120 mos of service: 19 da ys p/year (15.8333 hours p/month) 121 or more months of service: 20 da ys p/year (16.6666 hours p/month)
41. VACTION LEAVE BUY BACK
At separation or retirement, 100% of accrued V acation 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.
42. 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. Six (6) months prior to date of conversion, half the number of accrued leave hours requested, excluding Sick Leave, must have been taken as time off. 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 convers ion. Note: usage requirement waived for “activated” military personnel.
43. WORKERS’ COMPENSATION PROGRAM:
Whenever any employee of the City is disabled whether 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.
44. 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:
Memorandum of Understanding
CONFIDENTIAL July 1, 2023 June 30, 2025
18 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;
That the injured employee has diligently sought medical attention as prescribed by the treating physician(s) approved by the City; and
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.
45. 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 full force and effect. The City and CONFIDENTIAL will immediately commence to ne gotiate for the purpose of replacing any invalid or illegal provision. However, no such replacement is mandated.
46. 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 ag reed to the contrary by both the City and CONFIDENTIAL or determined by law and/or by a court of competent jurisdiction to be unlawful.
47. 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.
CONFIDENTIAL proposals for the next Agreement are requested to be served on the City by no later than April 15 of each year.
Signatures on following page.
Memorandum of Understanding
CONFIDENTIAL July 1, 2023 June 30, 2025
19 ________________________________________ _________________________ Elizabeth Espinoza, Employee Representative
CONFIDENTIAL
Linda Reich, City Manager
City of Chino
____________________ ____________________
Date Date
________________________________________ _________________________ Rosa Olguin, Employee Representative
CONFIDENTIAL
Geriann Kingslan
Director of Human Resources/
Risk Mana
gement
____________________ ____________________
Date Date