AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN REPRESENTATIVES OF THE CITY OF CHINO, CALIFORNIA, AND THE CHINO POLICE OFFICERS ASSOCIATION July 1, 2025 – June 30, 2027
This Amendment No. 1 to the Memorandum of Understanding between representatives of the City of Chino, California, and the Chino Police Officers Association covering the period of July 1, 2025 through June 30, 2027 (“CPOA MOU 2025-27”), is entered into by and between the City of Chino (“City”) and the Chino Police Officers Association (“CPOA”).
RECITALS:
WHEREAS, CPOA is the recognized employee organization for all regular full-time, non-management sworn Police Department employees in the City of Chino as identified in the CPOA MOU 2025-27; and WHEREAS, to fulfill its obligation under the CPOA MOU 2025-27, the City is committed to maintaining sworn classifications at no lower than the number three (3) ranking in total compensation among the survey cities, excluding the Benefit Bank, used in the 2022 Total Compensation Survey and a total compensation survey has been completed to determine the cost of living wage adjustments needed to maintain sworn personnel at the number three (3) ranking; and WHEREAS, the labor representatives of the City and CPOA have determined that revising the language of Article 15 on cost of living wage adjustments in the CPOA MOU 2025-27 would be in the best interests of the City and the parties for maintaining sworn personnel at number three (3) among the Council-approved comparison agencies and have met and conferred on this proposed modification and reached a tentative agreement which requires a formal amendment to the CPOA MOU 2025-27, signed by the parties and ratified by the union, and approved and adopted by resolution of the City Council before becoming effective; and WHEREAS, the labor representatives of the City and CPOA have also determined that revising the language of Article 19 on deferred compensation in the CPOA MOU 2025-27 would be in the best interests of the City and the parties to increase the City’s deferred compensation contribution and have met and conferred on this proposed modification and reached a tentative agreement which requires a formal amendment to the CPOA MOU 2025-27, signed by the parties and ratified by the union, and approved and adopted by resolution of the City Council before becoming effective; and WHEREAS, the labor representatives of the City and CPOA have also determined that combining and updating the language of Articles 29, 44, and 45 on the Fair Labor Standard Act and Overtime Compensation in the CPOA MOU 2025-27 would be in the best interests of the City and the parties to provide clarification on the calculation of overtime and have met and conferred on this proposed modification and reached a tentative agreement which requires a formal amendment to the CPOA MOU 2025-27, signed by the parties and ratified by the union, and approved and adopted by resolution of the City Council before becoming effective; and WHEREAS, the labor representatives of the City and CPOA have also determined that revising the language of Article 50 on recruitment incentive in the CPOA MOU 2025-27 would be in the best interests of the City and the parties to correct the recruitment incentive amounts for lateral sworn hires and have met and conferred on this proposed modification and reached a tentative agreement which requires a formal amendment to the CPOA MOU 2025-27, signed by the parties and ratified by the union, and approved and adopted by resolution of the City Council before becoming effective; and WHEREAS, the labor representatives of the City and CPOA have also determined that updating the language of Article 52 on the retention of documents in the CPOA MOU 2025-27 would be in the best interests of the City and the parties so that applicable documents in an employee’s personnel file and other City files will be purged in accordance with the City’s Retention Policy and the minimum requirements of the California Penal Code and any other applicable state or federal law and have met and conferred on this proposed modification and reached a tentative agreement which requires a formal amendment to the CPOA MOU 2025-27, signed by the parties and ratified by the union, and approved and adopted by resolution of the City Council before becoming effective; and WHEREAS, the labor representatives of the City and CPOA have further determined that revising the language of Article 68 on uniform cleaning/clothing allowance in the CPOA MOU 2025-27 would be in the best interests of the City and the parties to update the payment method for uniform cleaning/clothing allowance and address reporting requirements to CalPERS and have met and conferred on this proposed modification and reached a tentative agreement which requires a formal amendment to the CPOA MOU 2025-27, signed by the parties and ratified by the union, and approved and adopted by resolution of the City Council before becoming effective; and THEREFORE, in consideration of the mutual covenants contained herein, and subject to City Council approval and adoption of this Amendment No. 1 to the CPOA MOU 2025-27, the parties hereto agree to the following updates and/or amendments made to the current/existing language in the CPOA MOU 2025-27 and where there is duplicative language or provisions this Amendment No. 1 language supersedes and governs.
ARTICLE 15. COST OF LIVING ADJUSMENT
Currently reads as follows:
A Total Compensation Survey will be conducted in August 2025 using the same criteria and survey cities used in the 2022 Total Compensation Survey. The City agrees to maintain sworn classifications at no lower than the number three (3) ranking in total compensation among the survey cities, excluding the Benefit Bank. Any adjustments necessary to meet that benchmark will be retroactive to the pay period that includes July 1, 2025.
The same process will apply every August with any necessary adjustments to retain sworn classifications in the top 3 ranking being retroactive to the pay period that includes July 1. Benefit Bank updates for the next year will be implemented in December of the year they are released.
Definition of Total Compensation
For purposes of this Article, total compensation shall consist of the following elements:
Base salary
Uniform allowance
Shift differential (graveyard shift)
Advanced POST pay
City-paid Deferred Compensation contribution
City-paid Retiree Health Savings (RHS) contribution
Employer-paid healthcare contribution
Longevity pay ($500 at 5 years = $8.33 monthly value)
Minus the employee-paid PERS PEPRA contribution rate
Effective upon approval of the City Council, this Article shall be modified as follows:
Increase to employee’s base wages/salary ranges will be as follows:
Effective the beginning of the pay period including July 1, 2025: Three percent (3%) Definition of Total Compensation
For purposes of this Article, total compensation shall consist of the following elements:
Base salary
Uniform allowance
Shift differential (graveyard shift)
Advanced POST pay
City-paid Deferred Compensation contribution
City-paid Retiree Health Savings (RHS) contribution
Employer-paid healthcare contribution
Longevity pay ($1,500 at 15 years = $8.33 monthly value) Minus the employee-paid PERS PEPRA contribution rate
ARTICLE 19. DEFERRED COMPENSATION
Currently reads as follows:
A deferred compensation plan, 457(b) and/or 401(a), is available to all employees, providing tax-deferred savings to serve as a retirement supplement. 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.
City Contribution
Employees will receive a two hundred and fifty dollar ($250) per month City contribution to their City Deferred Compensation account, 401(a). “Catch-up” Provision
Pursuant to federal and state law, employees attaining the minimum age of 47, who are within three (3) years of their planned 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 federal 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 sick/vacation leave hours to cash contribution at the employee's base rate of pay in effect at the time of conversion. Sick/vacation leave conversion contributions for the "457 catch-up" shall normally be distributed over an employee's last three (3) years prior to his/her 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 his/her 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 advance 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 eligible to receive 100% Sick Leave 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.
To participate, the employee will select the amount of sick leave he/she wants 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 select the amount of Vacation Leave he/she wants 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 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 his/her 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. “Age 50+ Catch-up”
In the calendar year you attain age 50 (or older), you 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 hours and/or accrued Vacation Leave hours to contribute this additional amount. This provision may be used regardless of the amount of deferrals the employee currently contributes.
Contributions to deferred compensation will be discontinued while an employee is receiving Workers’ Compensation payments.
Effective upon approval of the City Council, this Article shall be modified as follows:
City Contribution
Employees will receive a three hundred and fifty dollar ($350) per month City contribution to their City Deferred Compensation account, 401(a).
ARTICLE 29. FAIR LABOR STANDARDS ACT
Currently reads as follows:
In accord with the FLSA, the City will pay all CPOA members at the overtime rate as mandated by the FLSA, and with regard to “law enforcement personnel” as that term is defined in the FLSA. Such FLSA mandated overtime rate will be paid for all hours worked in excess of 171 in a designated 28-day period as required by 29 USC Section 207(k).
In connection with “law enforcement personnel”, the City will designate thirteen (13), twenty-eight (28) day periods for each calendar year. In determining the quantity of “hours worked”, as that term is defined in the FLSA, time for which persons are compensated, but do not actually work, will not be counted as “hours worked” for purposes of making FLSA computations. Such paid leave hours which will be excluded from the computation of “hours worked” as set forth in the FLSA, are sick leave, holiday pay, vacation pay, personal holiday pay, military leave, bereavement leave, jury duty pay, civic responsibility leave, long term disability leave, industrial leave such as set forth in California Labor Code Section 4850, and police CPOA board hours.
However, this section will not diminish or alter any provision of EMPLOYEE COMPENSATION RESOLUTION 85-54, which provided for overtime pay, call-back pay, court appearance pay, court stand-by pay and other forms of premium compensation. Thus, such overtime and premium compensation computations will continue to include the above-described paid leave hours in computing overtime and premium compensation payments other than those regulated by the FLSA. For example, if an employee actually works 75 hours in any two (2) consecutive work weeks and utilizes ten (10) hours of sick leave in said time period, then the employee will receive five (5) hours of overtime at one and one-half (1 ½) times the employee’s hourly rate (Article IV, Section 1, 2 of Resolution 85-54). However, such paid leave of absence will not be utilized in determining the employee’s post 171- hour entitlement to FLSA computation at the regular rate of pay.
Further, if, during the term of this Agreement, the Fair Labor Standards Act is either legislatively, administratively or judicially held inapplicable to any or all CPOA members then this section will be null and void except for those provisions which perpetuate overtime and premium compensation provisions as set forth in EMPLOYEE COMPENSATION RESOLUTION 85-54, and its successor (which will not alter counterpart overtime and premium compensation provisions of Resolution 85-54). Additionally, and to the extent that the Memorandum of Understanding, the Employee Compensation Resolution, and other City rules and regulations have been altered in response to the FLSA, the status quo preceding this Memorandum of Understanding will be restored upon any described determination that the FLSA is no longer applicable to CPOA membership.
ARTICLE 44. OVERTIME
Overtime for employees will be broken into three sections:
Mandatory overtime will be all overtime which is assigned, and employees will receive pay or compensatory time off.
Ordered mandatory overtime occurs when an employee is contacted and ordered to report to work immediately. An employee will receive a minimum of two (2) hours overtime pay starting from the time the employee is contacted and ordered to report to work immediately.
Voluntary overtime will be limited to employees signing up for overtime to fill vacancies within the Department for the following reasons: Vacation relief, Compensatory time off, or position vacancy due to termination. Employees working voluntary overtime within their assigned bureau will receive pay or compensatory time off. Employees working voluntary overtime outside of their assigned bureau or at an event where an outside vendor is contracting with the City for Police services will receive pay (e.g. Concert at Prado Park, Grant funded operation).
Overtime earned shall be calculated based on the following:
1.5 times the employee’s base hourly rate,
Plus any applicable Specialty Pay (e.g., bilingual, other assignment-specific pays), Plus Hazard Pay, where applicable,
Plus P.O.S.T. Certificate pay.
ARTICLE 45. OVERTIME COMPENSATION - NON-PATROL
Effective July 1, 1987, employees who work beyond sixteen (16) consecutive hours within a 24-hour period will be compensated at two (2) times the employee’s regular base rate of pay commencing on the 17th consecutive hour of work.
Effective upon approval of the City Council, the Article shall be modified as follows (Combines and replaces entirely current CPOA MOU Articles 29, 44, and 45):
FLSA/Overtime Acknowledgement and Implementation
The City of Chino and the Chino Police Officers Association (CPOA) acknowledge that the Fair Labor Standards Act (FLSA) requires overtime pay (time-and-a-half) for public safety employees after 40 hours a week, but a special Section 7(k) exemption allows for extended work periods, such as 7 to 28 days, for law enforcement personnel. Under the 7(k) exemption, overtime is calculated based on a set number of hours worked within the specified work period, not just a 40-hour work week. Public agencies can also use compensatory time off (comp time) in lieu of cash overtime at a rate of 1.5 hours of comp time for every overtime hour worked, with specific accrual limits.
The City has established a specific work period under §207(k) for CPOA represented public safety employees of 28 days, with overtime triggered only after 171 hours worked in that work period. In connection therewith, the City will designate thirteen (13), twenty eight (28) day periods for each calendar year.
The parties also recognize that this MOU provides a separate and more generous benefit referred to as “contractual overtime” which does not require employees to meet the FLSA twenty eight (28) day/171-hour threshold to be entitled to contractual overtime pay as further defined and explained below.
Pursuant to this MOU, hours of paid leave (vacation, compensatory time, holiday time) shall count as hours worked when determining contractual overtime eligibility under this section. Such leave hours shall not count as hours worked for purposes of meeting the FLSA §207(k) threshold.
Time Accrual
Employees may elect to accrue compensatory time off in lieu of cash overtime, at 1.5 hours for each hour worked, subject to supervisory approval and accrual limits under Article 13. Certain duties, meetings, trainings, or tasks may be offered as “comp time only” and must be clearly identified as such before the employee accepts the assignment. Acceptance of such assignment is voluntary.
Contractual Overtime Defined
Employees will receive paid overtime for hours worked beyond their scheduled daily hours or beyond forty (40) hours in a Monday-Sunday workweek. Voluntary schedule adjustments for trainings or travel do not qualify for overtime unless they results in more than forty (40) hours worked in the Monday-Sunday workweek. Contract overtime will be paid at one and one half times (1.5x) the employee’s contractual overtime rate.
Example: A Patrol Officer scheduled for 11.5 hours who works 15 hours will receive 3.5 hours of contractual overtime.
Two-Hour Minimum for Call-In Overtime
Except as otherwise noted in this MOU, if an employee is contacted and ordered to report to work immediately outside of their regularly scheduled shift, they will receive a minimum of two (2) hours of contract overtime pay starting from the time of contact.
Double Time Compensation
Employees who work in excess of sixteen (16) consecutive hours within a twenty-four (24) hour period will be compensated at two (2) times the employee’s contractual overtime rate, beginning with the seventeenth (17th) consecutive hour of work.
For purposes of this section, the “contractual overtime rate” shall have the same definition as provided in Section F of this Article and shall include base hourly pay, P.O.S.T. certificate pay, specialty/assignment/hazard pay, and bilingual pay, calculated on a forty (40) hour work week.
Contractual Overtime Rate Defined
For purposes of contract overtime calculations, the “contractual overtime rate” shall include only the following:
Base hourly pay;
All P.O.S.T. certificate pay(s) calculated as an hourly rate based on a 40-hour work week; Specialty/assignment/hazard pay calculated as an hourly rate based on a 40-hour work week; and Bilingual pay calculated as an hourly rate based on a 40-hour work week.
The total of these pays will be multiplied by 1.5 to determine the employee’s “contractual overtime rate”.
FLSA Compliance
At the end of each 28-day work period, the City will confirm that all hours over the §207(k) 171-hour threshold have been compensated at not less than one and one half times (1.5x) the contractual overtime rate as defined above.
Contract overtime payments made during the work period shall be credited toward satisfying the City’s FLSA overtime obligations for that period, provided they equal to or exceed the amount owed under the FLSA calculation.
If the contract overtime calculation results in an amount lower than the FLSA requirement for that period, the City will issue a supplemental payment covering the difference.
No offsets will be made between work periods.
Controlling Provisions
If any provision of this section conflicts with the FLSA’s minimum requirements, the City will apply the standard that results in the greater overtime benefit to the employee. This MOU will take precedence over any conflict with any prior enacted MOU or City Resolution covering the same subject matter. This section shall not be unilaterally modified or interpreted in a manner that reduces overtime benefits provided by this MOU.
ARTICLE 50. RECRUITMENT INCENTIVE FOR RECOMMENDATION RESULTING IN SWORN HIRE AS FOLLOWS Currently reads as follows:
$2,000 @ hire + $500 @ completion of probation for Police Recruits (entry level). $4,000 @ hire + $1,000 @ completion of probation for lateral Police Officers.
To qualify for this incentive, an employee’s name must be listed as the referral source on the sworn, new-hire’s original employment application and be verified by Human Resources. If more than one employee’s name is listed on the application as a referral source, the incentive will be split accordingly.
Note: Any Police Department Personnel who are assigned to the Training/Background Unit or who are given any work responsibility related to the recruitment and hiring of employees are not eligible for this benefit unless contact has been made solely and entirely outside of work hours.
Effective upon approval of the City Council, this Article shall be modified by wholly replacing the above with the following:
To support recruitment efforts and encourage referrals while maintaining fiscal accountability, the City shall offer a recruitment incentive for sworn hires as follows:
Police Recruits (Entry Level):
$500 upon hire
$2,000 upon successful completion of probation
Lateral Police Officers:
$1,000 upon hire
$4,000 upon successful completion of probation
To qualify for this incentive, the referring employee’s name must be listed on the new hire’s original employment application and be verified by the Human Resources/Risk Management Department. If more than one (1) employee is listed as a referral source, the incentive will be split equally.
Employees assigned to the Training/Background Unit, or those responsible for any part of the recruitment and hiring process, are not eligible for this benefit unless the referral contact occurred solely and entirely outside of work hours.
ARTICLE 52. RETENTION OF DOCUMENTS
Currently reads as follows:
All written discipline, internal affairs investigations, and citizen complaints, five (5) years or older from the date complaint was received/discovered, will be purged from employees’ Personnel Files and other City files. All Job Performance Evaluations will be purged from the employee’s Personnel Files and other City files five (5) years after the date of the end of the Job Performance Evaluation Period. This stipulation affects all active employees only; records will not be tracked or purged for inactive/former employees.
Effective upon approval of the City Council, this Article shall be modified by wholly replacing the above with the following:
All written discipline, internal affairs investigations, and citizen complaints will be purged from an employee’s Personnel File and other City files in accordance with the City’s Retention Policy and the minimum requirements of the California Penal Code and any other applicable state or federal law. All Job Performance Evaluations will be purged from the employee’s Personnel File and other City files five (5) years after the date of the end of the Job Performance evaluation period unless a longer retention period is required by the City’s Retention Policy and/or state or federal law. This stipulation affects all active employees only; records will not be tracked or purged for inactive/former employees.
ARTICLE 68. UNIFORM CLEANING/CLOTHING ALLOWANCE
Currently reads as follows:
Effective January 1, 2005, employees receive an annual allowance of seven hundred and seventy dollars ($770). Employees will receive payment for their Cleaning/Clothing Allowance one (1) time per year. This payment will be in a check 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. To comply with PERS regulations, this special compensation will be reported to PERS as it is earned.
At the employee’s option, the annual allowance may be used toward the purchase of new Police Department uniforms in an amount to be determined individually by each employee.
Effective upon approval of the City Council, this Article shall be modified with the additional language as follows:
Effective August 1, 2026, employees receive an annual allowance of seven hundred and seventy dollars ($770). The City agrees to pay the uniform cleaning/clothing allowance of thirty-two dollars and eight cents ($32.08) per 24 pay periods. For CalPERS Classic employees, the City shall report to CalPERS the monetary value of uniforms in the amount of thirty-two dollars and eight cents ($32.08) per pay period.
At the employee’s option, the annual allowance may be used toward the purchase of new Police Department uniforms in an amount to be determined individually by each employee.
Except as expressly provided for in this Amendment No. 1 to the CPOA MOU 2025-27, all other provisions of the CPOA MOU 2025-27 shall remain in full force and effect. The parties also acknowledge that this Amendment No. 1 to the CPOA MOU 2025-27 shall not be in full force and effect until adopted by resolution by the City Council of the City of Chino. _________________________________ ______________________________ Alex Wright, President Linda Reich, City Manager
Chino Police Officers Association City of Chino
_________________________________ ______________________________ Date Date
______________________________
Terry Doyle, Director of Human
Resources/Risk Management
City of Chino
______________________________
Date
2 Chino Police Officers Association
Amendment No. 1 to Memorandum of Understanding
July 1, 2025 – June 30, 2027