Agenda packet — Clovis City Council, July 5, 2022 (part 1 of 3)

July 5, 2022 - 1 - 3:40 PM A G E N D A • C I T Y C O U N C I L M E E T I N G

July 5, 2022 6:00 PM Council Chamber

In compliance with the Americans with Disabilities Act, if you need special assistance to access the City Council Chamber to participate at this meeting, please contact the City Clerk or General Services Director at (559) 324 -2060 (TTY – 711). Notificatio n 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the Council Chamber.

The Clovis City Council meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings: you are able to attend in person; you may submit written comments as described below; you may participate by calling in by phone (see “Verbal Comments” below); and you may view the meeting which is webcast and acces sed at www.cityofclovis.com/agendas.

Written Comments

 Members of the public are encouraged to submit written comments at:
www.cityofclovis.com/agendas at least two (2) hours before the meeting (4:00 p.m.). You will be prompted to provide:

 Council Meeting Date
 Item Number
 Name
 Email
 Comment

 Please submit a separate form for each item you are commenting on.

 A copy of your written comment will be provided to the City Council noting the item number.

If you wish to make a verbal comment, please see instructions below.

 Please be aware that any written comments received that do not specify a particular agenda item will be marked for the general public comment portion of the agenda.

 If a written comment is received after 4:00 p.m. on the day of the meeting, efforts will be made to provide the comment to the City Council during the meeting. However, staff cannot guarantee that written comments received after 4:00 p.m. will be provided to City Council during the meeting. All written comments received prior to the end of the meeting will be made part of the record of proceedings.

Council Chamber, 1033 Fifth Street, Clovis, CA 93612 (559) 324-2060 www.cityofclovis.com
1 July 05, 2022 - 2 - 3:40 PM Verbal Comments

 If you wish to speak to the Council on an item by telephone, you should contact the City Clerk at (559) 324-2060 no later than 4:00 p.m. the day of the meeting.

 You will be asked to provide your name, phone number, and your email. You will be emailed instructions to log into Webex to participate in the meeting. Staff recommends participants log into the Webex at 5:30 p.m. the day of the meeting to perform an audio check.

 All callers will be placed on mute, and at the appropriate time for your comment your microphone will be unmuted.

 In order for everyone to be heard, please limit your commen ts to 5 minutes or less, or 10 minutes per topic

Webex Participation

 Reasonable efforts will be made to allow written and verbal comment from a participant communicating with the host of the virtual meeting. To do so, a participant will need to chat with the host and request to make a written or verbal comment. The host w ill make reasonable efforts to make written and verbal comments available to the City Council. Due to the new untested format of these meetings, the City cannot guarantee that these written and verbal comments initiated via chat will occur. Participants desiring to make a verbal comment via chat will need to ensure that they accessed the meeting with audio transmission capabilities.

CALL TO ORDER

FLAG SALUTE - Councilmember Mouanoutoua

ROLL CALL

PRESENTATIONS/PROCLAMATIONS

1. Presentation Recognizing the Achievements of Multi-Emmy Award Winner Jeff Aiello.

2. Presentation of Proclamation Declaring July as Parks and Recreation Month.

PUBLIC COMMENTS - This is an opportunity for the members of the public to address the City Council on any matter within the City Council’s jurisdiction that is not listed on the Agenda. In order for everyone to be heard, please limit your comments to 5 minutes or less, or 10 minutes per topic. Anyone wishing to be placed on the Agenda for a specific topic should contact the City Manager’s office and submit correspondence at least 10 days before the desired date of appearance.

ORDINANCES AND RESOLUTIONS - With respect to the approval of resolutions and ordinances, the reading of the title shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Councilmember that the resolution or ordinance be read in full, further reading of the reso lution or ordinance shall be deemed waived by unanimous consent of the Council.
2 July 05, 2022 - 3 - 3:40 PM CONSENT CALENDAR - Items considered routine in nature are to be placed upon the Consent Calendar. They will all be considered and voted upon in one vote as one item unless a Councilmember requests individual consideration. A Councilmember’s vote in favor of the Consent Calendar is considered and recorded as a separate affirmative vote in favor of each action listed. Motions in favor of adoption of the Consent Calendar are dee med to include a motion to waive the reading of any ordinance or resolution on the Consent Calendar. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.

3. Administration - Approval - Minutes from the June 20, 2022, Council Meeting.

4. General Services – Approval – Res. 22 -___, Approval of a Memorandum of Understanding between the City of Clovis and the Clovis Employees Association.

5. General Services – Approval – Res. 22 -___, Approval of a Memorandum of Understanding between the City of Clovis and the Clovis Firefighters Association.

6. General Services – Approval – Res. 22 -___, Approval of a Memorandum of Understanding between the City of Clovis and the Clovis Public Safety Employees Association.

7. General Services – Approval – Res. 22-___, Approval of a Memorandum of Understanding between the City of Clovis and the Clovis Professional and Technical Association.

8. General Services – Approval – Res. 22 -___, Approval of a Memorand um of Understanding between the City of Clovis and the Clovis Public Works Employees Association.

9. General Services – Approval – Res. 22 -___, Approval of a Memorandum of Understanding between the City of Clovis and the Confidential Technical and Financial Professionals.

10. General Services – Approval – Res. 22 -___, Approval of a Memorandum of Understanding between the City of Clovis and the Transit Employees Bargaining Unit.

11. General Services – Approval – Res. 22 -___, Authorizing COVID Premium Pay for Unrepresented Extra Help Employees.

12. General Services – Approval – Res. 22-___, Adopting Wage and Benefit Changes for City of Clovis Unrepresented Management Employees for FY2022 -2023, FY 2023 - 2024, FY 2024 -2025, and COVID Premium Pay for Unrepresented Management Employees.

13. General Services – Approval – Selection of Urban Transportation Associates for Transit Automated Passenger Counters and Authorize City Manager to Execute the Contract.

14. General Services – Approval – Res. 22 -___, Authorizing Amendments to the Fire Inspector I and Fire Inspector II Classifications in the Fire Department.

15. General Services – Approval – Res. 22____, Amending the City’s FY 22 -23 Position Allocation Plan by deleting one (1) Staff Analyst position and adding one (1) Management Analyst position within the Planning and Development Services Department.

16. General Services – Approval – Res. 22-___, Amending the City’s FY 22 -23 Position Allocation Plan by adding one (1) Senior Planner position within the Planning and Development Services Department.

17. General Services – Approval - Claim Rejection of the General Liability Claim on behalf of Marvanett Hodges.
3 July 05, 2022 - 4 - 3:40 PM

18. Planning and Development Services – Approval – Bid Award for CIP 21-02 Loma Vista Village Green; and construction management services contract award for CIP 21 -02 Loma Vista Village Green; and Authorize the City Manager to Execute the Contracts on behalf of the City.

19. Planning and Development Services - Approval – Res. 22-___, Final Map Tract 6404, located in the northwest area of Shaw and Highland Avenues (BN 6304 LP (Bonadelle Homes)).

20. Planning and Developme nt Services - Approval – Res. 22 -___, Annexation of Proposed Tract 6404, located in the northwest area of Shaw and Highland Avenues to the Landscape Maintenance District No. 1 of the City of Clovis (BN 6304 LP (Bonadelle Homes)).

PUBLIC HEARINGS - A public hearing is an open consideration within a regular or special meeting of the City Council, for which special notice has been given and may be required. When a public hearing is continued, noticing of the adjourned item is required as per Government Code 54955.1.

21. Consider Approval – Res. 22-___, Adoption of a Resolution Amending the 2019-2020 Action Plan and the 2016-2020 Consolidated Plan; and Consider Approval – Res. 22- ___, Amending the FY 2022 -2023 Housing and Community Development Budget, to increase funding by $201,848 for the expenditure of Community Development Block Grant – Coronavirus (CDBG-CV) funds.

Staff: Claudia Cazares, Management Analyst
Recommendation: Approve

22. Conduct a Public Hearing and Consider Approval - Res. 22 -___, A Resolution Declaring the Results of the Property Owner Protest Balloting Proceedings and Approving the Engineer’s Report for Assessmen t District 95 -1 (Blackhorse Estates) Confirming the Assessments for the 2022-23 Fiscal Year.

Staff: Sean Smith, Supervising Civil Engineer
Recommendation: Approve

23. Consider Introduction – Ord. 22-___, R2008-007A3, A request to amend the Loma Vista Community Centers North and South Master Plan to remove the planned local street identified as Marengo Avenue within Planning Area 1 and Planning Area 2 and to adjust the underlying R-3 Zone District to reflect the modified circulation layout. AP Multifamily, LP, property owner; Wathen Castanos Homes, applicant; Precision Civil Engineering, representative. (Continued from the June 20, 2022 council meeting.)

Staff: Dave Merchen, City Planner
Recommendation: Approve

ADMINISTRATIVE ITEMS - Administrative Items are matters on the regular City Council Agenda other than Public Hearings.

24. Receive and File - 2020-21 Single Audit and Independent Auditors’ Reports.

Staff: Jay Schengel, Finance Director / Andrew Haussler, Assistant City Manager Recommendation: Receive and File
4 July 05, 2022 - 5 - 3:40 PM

COUNCIL ITEMS

25. Consider – Authorize Submittal of Argument in S upport of Transient Occupancy Tax Increase Measure to the Fresno County Clerk/Registrar of Voters for the Voter Information Guide for the November 8, 2022, Municipal Election.

Staff: Karey Cha, City Clerk
Recommendation: Consider

26. Consider Approval – Change of Council Meeting Schedule.

Staff: John Holt, City Manager
Recommendation: Approve

CITY MANAGER COMMENTS

COUNCIL COMMENTS

ADJOURNMENT

MEETINGS AND KEY ISSUES

Regular City Council Meetings are held at 6:00 P.M. in the Council Chamber. The following are future meeting dates:

July 11, 2022 (Mon.) (To Be Cancelled)
July 18, 2022 (Mon.)
Aug. 1, 2022 (Mon.)
Aug. 2 (Mon.) - Sep. 5 (Mon.) Summer Recess

5 6
AGENDA ITEM NO. 2.

PRELIMINARY - SUBJECT TO APPROVAL

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CLOVIS CITY COUNCIL MEETING

June 20, 2022 6:00 P.M. Council Chamber

Meeting called to order by Mayor Flores at 6:03
Flag Salute led by Tarpey Elementary Student Council Members

Roll Call: Present: Councilmembers Ashbeck, Bessinger, Mouanoutoua, Whalen Mayor Flores

PRESENTATION – 6:04

6:04 - ITEM 1 - PRESENTATION OF PROCLAMATION RECOGNIZING TARPEY ELEMENTARY

STUDENT COUNCIL FOR RECEIVING THE CIVIC LEARNING AWARD OF EXCELLENCE.

The City Council presented a proclamation of recognition and certificates of excellence to the Tarpey Elementary Student Council.

6:15 - ITEM 2 - PRESENTATION – UPDATE ON ACTIVITY AT CLOVIS CULINARY CENTER.

Tina Sumner and Shawn Miller presented an update on activities and programs that the Clovis Culinary Center hosted throughout the COVID-19 pandemic.

6:25 - ITEM 3 - PRESENTATION – UPDATE ON ACTIVITY FROM F RESNO/CLOVIS CONVENTION AND VISITORS BUREAU.

Lisa Oliveira, President/CEO of Fresno/Clovis Convention & Visitors Bureau, provided visitor activity to the City Council and shared upcoming goals.

PUBLIC COMMENTS – 6:30

Neil Stellar, resident, shared concerns regarding safety for churches.

CONSENT CALENDAR – 6:35

Motion by Councilmember Ashbeck, seconded by Councilmember Bessinger, that the items on the Consent Calendar be approved, including the waiver of the reading of the ordinance. Motion carried by unaminous vote.

4. Administration - Approved - Minutes from the June 13, 2022, Council Meeting.

5. Administration - Adopted - Ord. 22-05, An ordinance amending section 3.3.403 of the Clovis Municipal Code pertaining to the increase of the Transient Occupancy Tax rate. (Vote: 5-0) 7 AGENDA ITEM NO. 3.

PRELIMINARY - SUBJECT TO APPROVAL

Page 2 of 5 ends

6. Administration – Approved – Award the Affordable Housing Rehabilitation Programs – Inspection and Construction Management Services contracts to Habitat for Humanity Greater Fresno Area and Self -Help Enterprises; and Authorize the City Manager to execute the contract on behalf of the City.

7. General Services – Approved – Res. 22-55, Approval of a Memorandum of Understanding between the City of Clovis and the Clovis Police Officers’ Association.

8. General Services - Approved – Res. 22 -56, Adopting the FY2022 - 2023 Consolidated Transportation Service Agency (CTSA) Operations and Program Budget for Roundup Transit Services.

9. General Services – Approved – Res. 22 -57, Authorizing Amendments to the Planning Technician I, Planning Technician II, Assistant Planner, and Associate Planner Classifications in the Planning and Development Services Department.

10. General Services – Approved – Res. 22 -58, Authorizing Amendments to the Information Technology Technician, Information Technology Special ist, Senior Information Technology Specialist, Information Technology Analyst, and Senior Information Technology Analyst Classifications in the Information Technology Division.

11. Planning and Development Services – Received and Filed – Annual Department Newsletter.

12. Planning and Development Services - Approved – Res. 22-59, Final Map Tract 6377, located at the southeast area of Leonard Avenue and Shaw Avenue (DYP 6377, LP).

13. Planning and Development Services – Approved – Res. 22 -60, Annexation of Pr oposed Tract 6377, located at the Southeast area of Leonard Avenue and Shaw Avenue to the Landscape Maintenance District No. 1 of the City of Clovis (DYP 6377, LP).

14. Planning and Development Services – Approved – Consultant List from which Professional Consultants shall be selected for the FY 2022-2023.

15. Planning and Development Services – Approved – Waive Formal Bidding Requirements and Authorize the Purchase of new Surveying Equipment from California Surveying and Drafting Supply.

16. Police – Approved – Purchase of Unmanned Aerial Vehicle DJI-M30T (Drone) in Accordance with Clovis Police Department Military Equipment Use Policy 706.

17. Public Utilities – Approved – Final Acceptance for CIP 21-09, SWTP 2.5 MG Water Storage Reservoir Coating Project.

18. Public Utilities – Approved – Award Non -Exclusive Franchise Agreements for Hauling of Construction and Demolition Debris, and Update the City’s Approved Hauler List.

PUBLIC HEARINGS – 6:36

6:36 – ITEM 19 – CONTINUED – ORD. 22-XX, R2008-007A3, A REQU EST TO AMEND THE

LOMA VISTA COMMUNITY CENTERS NORTH AND SOUTH MASTER PLAN TO REMOVE

THE PLANNED LOCAL ST REET IDENTIFIED AS M ARENGO AVENUE WITHIN PLANNING AREA 1 AND PLANNING AREA 2 AND TO ADJUST THE UNDERL YING R-3 ZONE DISTRICT TO REF LECT THE MODIFIED CIRC ULATION LAYOUT. AP MULTIFAMILY, LP, PRO PERTY OWNER; WATHEN CASTANOS HOMES, APPL ICANT; PRECISION CIVIL ENGI NEERING, REPRESENTAT IVE. (TO BE CONTINUE D TO THE JULY 5, 2022 COUNCIL MEETING)

Motion for approval to continue this item to the J uly 5, 2022, City Council meeting by Councilmember Ashbeck, seconded by Councilmember Bessinger. Motion carried by unanimous vote.
8 AGENDA ITEM NO. 3.

PRELIMINARY - SUBJECT TO APPROVAL

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6:38 – ITEM 20 - APPROVED – RES. 22-61, APPROVING VARIOUS ACTIONS REQUIRED TO CONDUCT THE NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION:

20A. CALLING AND GIVING N OTICE OF THE NOVEMBE R 8, 2022, GENERAL MUNICIPAL ELECTION F OR THE PURPOSE OF EL ECTING THREE (3) MEMBERS OF THE CITY COUNCIL FOR THE TERM S OF FOUR (4) YEARS THROUGH NOVEMBER 2026; AND

20B. REQUESTING TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERA L ELECTION; AND AUTH ORIZING THE FRESNO COUNTY ELECTIONS DIV ISION TO CONDUCT THE NOVEMBER 2022 ELECTION; AND

20C. ESTABLISHING CONDITI ONS FOR THE FILING O F CANDIDATES’ STATEMENTS.

Motion for approval by Councilmember Ashbeck, seconded by Councilmember Mouanoutoua. Motion carried by unanimous vote.

6:43 – ITEM 21 - APPROVED – VARIOUS ITEMS ASSOCIATED WITH VARIOUS FEES UNDER THE PLANNING AND DEVELOPMENT SERVICES DEPARTMENT:

John Bon adelle, Bonadelle Neighborhoods representative, commented on Bonadelle Neighborhoods not supporting increasing the development impact fees according to staff’s study and recommendation. Should Council move forward with considering fee increases, he supports the CCI method. He also commented on the impacts to the home prices should the fees be increased.

Brandon De Young, De Young Properties representative, commented on De Young Properties support in utilizing the CCI method to increase development impact fees. He also commented on the economic impacts to the building industry and how it would impact affordability for home buyers in Clovis.

Goldie Louis, Wilson Homes representative, shared concerns regarding increasing the development fees and would support CCI method. She also commented on Wilson Homes commitment to work with staff to continue to review the fees.

Arakel Arisian, developer representative, commented on process of reviewing the development fees. He shared challenges that the BIA are faced with regarding increasing the fees and the high fees they are already paying.

9 AGENDA ITEM NO. 3.

PRELIMINARY - SUBJECT TO APPROVAL

Page 4 of 5 ends

Darius Assemi, Granville Homes representative, commented on the building industry’s experience with the slow down of of the economy and how increasing the development fees is a late response to the already deflating home sales.

Mike Prandini, President of the Building Industry Association (BIA), commented on the process of reviewing the development fees. He supports what the prior speakers have said and encouraged the Council to postpone consideration of the impact fees . Should the Council want to move forward with consideration, he supports the CCI method.

ITEM 21A – APPROVED WITH MODIFICATIONS – RES. 22 -62, A RESOLUTION

REVISING THE MASTER DEVELOPMENT FEE SCHE DULE AND PROVIDING A DESCRIPTION OF FEES TO BE REQUESTED FOR COUNTY ADOPTION; AND

Motion for approval of Resolution 22 -62, to apply a full implementation of the Master Development Fee schedule with the exception of the Sewer, Water, and Streets categories where the fee charges will be increased by 15 percent (15%) from the current fee a s determined by staff’s study and review in accordance with CMC 3.10.02. Motioned by Councilmember Whalen, seconded by Councilmember Bessinger. Motion carried 3-2, with Councilmembers Ashbeck and Mouanoutoua voting no.

ITEM 21B - APPROVED – RES. 22 -63, A RESOLUTION AMENDI NG PLAN CHECK,

INSPECTION SERVICES, ENCROACHMENT PERMIT S AND COMMUNITY INVESTMENT PROGRAM RATES; AND

Motion for approval by Councilmember Whalen, seconded by Councilmember Ashbeck.

Motion carried by unanimous vote.

ITEM 21C - APPROVED – RES. 22-64, A REQUEST TO APPROVE THE 2022 CITY OF CLOVIS PLANNING DIVISION FEE SCHEDULE.

Motion for approval by Councilmember Whalen, seconded by Councilmember Ashbeck.

Motion carried by unanimous vote.

ADMINISTRATIVE ITEMS – 9:18

9:18 – ITEM 22 - RECEIVED AND FILE D – UPDATE ON THE STA TE WATER BOARD’S

EMERGENCY RESOLUTION TO REDUCE WATER DEM AND AND IMPROVE WATE R CONSERVATION.

CITY MANAGER COMMENTS – 9:36

COUNCIL COMMENTS – 9:37

10 AGENDA ITEM NO. 3.

PRELIMINARY - SUBJECT TO APPROVAL

Page 5 of 5 ends

CLOSED SESSION – 9:37

ITEM 23 – GOVERNMENT CODE SECT ION 54957.6 CONFERENCE WITH LABO R NEGOTIATORS AGENCY DESIGNATED RE PRESENTATIVES: JOHN HOLT, ANDREW HAUSSLER, JEFFREY BLANKS, SHONNA HALTERMAN, LORI SHIVELY, SCOTT G. CROSS, MARY LERNER, JOHN BI NASKI, CURT FLEMING. EMPLOYEE ORGANIZATIO N: CLOVIS

POLICE OFFICERS ASSO CIATION, CLOVIS FIREFIGHT ERS ASSOCIATION, CLO VIS

EMPLOYEES ASSOCIATION, CLOVIS PUBLIC WORKS EMPLOYEES ASSOCIATION, CLOVIS

PUBLIC SAFETY EMPLOY EES ASSOCIATION, CLO VIS PROFESSIONAL AND TECHNICAL

EMPLOYEES ASSOCIATIO N, CLOVIS TRANSIT EM PLOYEES BARGAINING U NIT,

CONFIDENTIAL TECHNICAL AND FINANCIAL PROFES SIONALS, AND UNREPRE SENTED EMPLOYEE: MANAGEMENT EMPLOYEES

Mayor Flores adjourned the meeting of the Council to July 5, 2022

Meeting adjourned: 10:05 p.m.

______________________________ ________________________________ Mayor City Clerk
11 AGENDA ITEM NO. 3.

TO: Mayor and City Council
FROM: General Services
DATE: July 5, 2022
SUBJECT: General Services – Approval – Res. 22-___, Approval of a Memorandum of Understanding between the City of Clovis and the Clovis Employees Association.

ATTACHMENTS: 1. Res. 22-___, and MOU

CONFLICT OF INTEREST
None

RECOMMENDATION
For the City Council to approve a r esolution authorizing a successor Memorandum of Understanding (MOU) between the City of Clovis and the Clovis Employees Association (CEA) bargaining unit, for the term of July 1, 2022, through June 30, 2025.

EXECUTIVE SUMMARY
City negotiators have recently conclude d the meet and confer process with representatives of the CEA bargaining unit for a successor MOU. Council authorization is required to implement the proposed amendments to the CEA MOU.

BACKGROUND
The 2019-2022 MOU between the City and CEA expires June 30, 2022. The City’s negotiating team and CEA representatives have recently concluded negotiations for a successor MOU. A summary of the changes in the proposed MOU is below.

 Salary increases as follows:
o FY 2022-23: 5.0% wage increase
o FY 2023-24: 3.0% wage increase
o FY 2024-25: 3.0% wage increase.
 In addition to the wage increase above, the following positions will receive equity increases as follows:
o Staff Analyst: 5.23%
o Administrative Assistant: 5.23%
12 AGENDA ITEM NO. 4.
 Recreation Leader salary to increase from $3,189 -$3,876 to $3,557-$4,324 plus the 5% wage increase effective July 1, 2022.
 Revised Notary Public incentive of $100 to be valid in all departments.  Eliminated attendance incentive and added Service Recognition allowing employees to receive cash increase of a gift for 5-year increment service awards.  Side letter for COVID Premium Pay up to $4,000 per employees who worked during the City emergency order.

The CEA membership ratified the terms of the proposed MOU on or about June 20, 2022.

FISCAL IMPACT
The proposed amendments to the CEA MOU will result in approximate increased costs for salary, incentives, and COVID premium pay of approximately $506,800 over the next three (3) years, which will be budgeted during the term of the agreement.

REASON FOR RECOMMENDATION
The proposed 2022 -2025 MOU between the City and CEA maintains reasonable wages and working conditions related to the labor market for employees in the CEA bargaining unit. Prior to its implementation, the proposed MOU must be approved by City Council resolution. The proposed amendments are within the financial parameters authorized by City Council and will preserve the City’s ability to attract and retain qualified personnel.

ACTIONS FOLLOWING APPROVAL
City staff and CEA representatives will sign the proposed 2022 -2025 MOU and any side letter agreements. Staff will implement the modifications within the new MOU.

Prepared by: Shonna Halterman, General Services Director

Reviewed by: City Manager _AH__

13 AGENDA ITEM NO. 4.

RESOLUTION 22-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS ADOPTING A

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CLOVIS AND THE

CLOVIS EMPLOYEES ASSOCIATION BARGAINING UNIT

WHEREAS, a Memorandum of Understanding exists between the City of Clovis and the Clovis Employees Association (the Parties); and

WHEREAS, the Memorandum of Understanding expires on June 30, 2022; and

WHEREAS, an agreement has been reached between the Parties for a successor Memorandum of Understanding; and

WHEREAS, the proposed C EA Memorandum of Understanding 2022 -2025 and side letters are attached as Attachment A.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Clovis hereby adopts the Memorandum of Understanding between the City of Clovis and the Clovis Employees Association bargaining unit for the term of July 1, 2022, through June 30, 2025.

* * * * * *

The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on July 5, 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: July 5, 2022

___________________________ __________________________ Mayor City Clerk

Attachment 1 14
AGENDA ITEM NO. 4.

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF CLOVIS AND

THE CLOVIS EMPLOYEES ASSOCIATION

July 1, 2022 through June 30, 2025

ATTACHMENT A

15 AGENDA ITEM NO. 4.

TABLE OF CONTENTS

Section Title Page

Introduction ............................................................................................ 1

1. Unit Description ..................................................................................... 1

2. Purpose ................................................................................................. 2

3. City Rights ............................................................................................. 2

4. Employee Rights.................................................................................... 2

5. Dues Deduction ..................................................................................... 3

6. Union Access ......................................................................................... 3

7. Non-Discrimination ................................................................................ 4

8. Wage Scale and Retirement Contributions ............................................ 4

9. Health, Life and Dental Insurance Compensation.................................. 6

10. Holidays ................................................................................................. 8

11. Sick Leave ............................................................................................. 9

12. Family Illness Leave ............................................................................ 10

13. Vacation ............................................................................................... 11

14. Overtime .............................................................................................. 11

15. Specialty Pay ....................................................................................... 11

16. Compensatory Time ............................................................................ 12

17. Bereavement Leave ............................................................................. 12

18. Leave of Absence Without Pay ............................................................ 12

19. Minimum Callback Pay ........................................................................ 13

20. Mileage ................................................................................................ 13

21. Jury Duty ............................................................................................. 13

22. Service Recognition ............................................................................. 13

23. Grievance Procedures ......................................................................... 14

24. Lay-Off ................................................................................................. 17

25. Fitness for Duty Examinations ............................................................. 19

26. Uniforms .............................................................................................. 19

27. Military Leave ...................................................................................... 19

28. Professional Development ................................................................... 20

29. Time Bank ........................................................................................... 21

30. Workweek ............................................................................................ 22

31. Flexible Work Schedules ..................................................................... 22

32. Maintenance of Operations .................................................................. 22

33. Conclusively ........................................................................................ 22

34. Past Practices ...................................................................................... 23

35. Designation of Confidential Employees ............................................... 23

36. Release Time ...................................................................................... 24

37. Sole Agreement ................................................................................... 24

38. Term of Memorandum of Understanding ............................................. 24

16 AGENDA ITEM NO. 4.
1 Introduction

The representatives of the City of Clovis (City), and the representatives of the Clovis Employees Association (CEA), having met and conferred in good faith, have mutually agreed to recommend to the City Council of the City of Clovis and to the general membership of the bargaining unit that the following Memorandum of Understanding (MOU) be adopted and that the wages, h ours, and other terms and conditions of employment in this exclusive agreement be implemented.

1. Unit Description

1. Recognition of Exclusive Representative: The City agrees to acknowl edge, pursuant to Sections 3500 et seq. of the California Government Code, CEA as the exclusive recognized employee organiza tion representing regular non-management, clerical, and service, full-time permanent and probationary employees as listed below, until such time as CEA fails to obtain a majority of the vote of the employees in that bargaining unit during a decertification election. As the exclusive recognized employee organization, CEA shall have the right and obligation to meet and confer and reach agreement with the City regarding the determination of wages, hours, and other terms and conditions of employment for employees represented by the CEA organization.

Nothing in this article shall be construed as violative of any requirement or provision of the Meyers-Milias-Brown Act.

2. Description of the Bargaining Unit . The unit shall consist of all full-time regular permanent and probationary employees in the following classifications:

1. Principal Office Assistant 6. Recreation Specialist

2. Administrative Assistant 7. Principal Account Clerk

3. Staff Analyst 8. Senior Center Nutritional Services Worker

4. Custodian 9. Senior Custodian

5. Recreation Leader

3. New classifications approved by the City Council and determined to be appropriately placed within this unit shall automatically become part of this unit upon such determination and shall immediately be covered by the terms of this MOU. The City shall notify CEA in writing whenever new classifications are assigned to the CEA bargaining unit. Such notification shall be provided prior to Council adoption of a new classification.

4. (1) Classification Review. An employee may request classification review of the employee’s position by submitting such a request, in writing, to the Department Head. Such request shall set forth the specific reasons for the classification review.

(2) If the Department Head agrees that a classification review is appropriate, the Department Head shall require the employee to complete a classification review questionnaire. The completed questionnaire will be reviewed by the employee’s 17 AGENDA ITEM NO. 4.
2 supervisor and Department Head for completeness and accuracy before transmitting to the Personnel/Risk Manager to conduct the classification review and submit a report of findings and recom mendations to the Department Head and City Manager. The classification review will be completed, and the employee notified of the findings in writing within ninety (90) days of receipt of the completed classification review questionnaire, except in unusual circumstances. When unusual circumstances arise, the City and the employee will establish a mutually acceptable completion date for the classification review.

2. Purpose

It is the purpose of this MOU to provide for a harmonious relationship between the City and the employees covered by this MOU, and to provide an orderly and equitable method of resolving any differences which may arise regarding wages, hours and other terms and conditions of employment. Nothing in this MOU shall preclude the City from recognizing in accordance with City policy any employee whose performance is determined by the City to be outstanding.

3. City Rights

Notwithstanding any of the items agreed to herein, nothing in this MOU is intended to limit the management rights of the City, including the following specific rights:

1. Direct the work of its employees.

2. Hire, promote, demote, transfer, assign and classify employees within the City, and to determine the mission of its divisions and departments, and its budget, organization, and number of employees.

3. Discipline employees according to applicable regulations and MOU provisions.

4. Take actions as may be necessary to carry out the mission of the agency in emergencies.

5. Determine the methods, means and personnel by which operations are to be carried on.

6. Determine its budget, organization, merits, necessity and level of any activity or service provided to the public.

4. Employee Rights

Employees of the City of Clovis shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer -employee relations. Employees of the City shall also have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City.

18 AGENDA ITEM NO. 4.
3 5. Dues Deduction

Payroll deductions/dues shall be in accordance with applicable law.

6. Union Access
The City and the Association agree on the procedures for administering Assembly Bill 119 (AB 119) Union Access for the Associations represented employees that are newly hired and for existing employees.

Access to employee new hire orientations:
o At least ten days prior to the new hire orientation the Union President will receive an e-mail notification of the orientation date and time. Only one notification will be sent out. The Union will be responsible for attending the orientation. Personnel will not follow up after the first notification. o The amount of Union Representatives present during the orientation is limited to two representatives.
o Time allotted for union access during the orientation will be 15 minutes.

The total time that the Union representative spends away from work shall not exceed 45 minutes.
o Orientations are usually on the 1st and 16th of the month. If the 1st or 16th is on a weekend or a holiday the orientation will be on the first working day after the 1st or 16th.
o The City will reserve the right to hold the orientations on different days in case of an unusual situation.
o If mutually agreed upon the ten day notification can be reduced to allow the new hire an earlier start date.
o Orientation time may vary depending on staffing levels and number of employees attending the orientation.

Access to new hire employee personal information:

Personal information on new hires will be distributed to the Union President within 30 days after date of hire as required by the law. The Union President will pick up the personal information and sign for it. Only one e-mail notification will be sent out to the Union President. The Union President will be responsible for picking up the personal information.

Access to current employee personal information:

Both the City and the Association agree to waive the personal information requirement on current employees that is required to be distributed every 120 days by AB 119.

Personal information will be distributed to the Association once a year. The personal information will be distribu ted to the Union President once per calendar year by the 15th of January.

The Union President will pick up the personal information and sign for it. Only one e - mail notification will be sent out to the Union President. The Union President will be 19 AGENDA ITEM NO. 4.
4 responsible for picking up the personal information. The personal information distributed will be the information that is required by AB 119.

Opt-Out Provision:

If the employee opts out and does not want their personal information distributed, the City will send the Association the employee’s name, work phone, job title, and work location.

7. Non-Discrimination

The City and CEA agree not to discriminate against any employee in accordance with applicable laws.

8. Wage Scale and Retirement Contributions

A. Wage Scale - The City will implement the following wage increases during the term of this agreement:

1. Fiscal Year 2022-2023:
 All positions shall receive a 5.0% wage increase. The wage increase shall become effective on the first day of the first payroll period following CEA ratification and City Council approval of this MOU.  Staff Analyst classification shall receive a 5.23% equity adjustment for a total adjustment of 10.23%.
 Administrative Assistant shall receive a 5.23% equity adjustment due to compaction for a total adjustment of 10.23%.
 Recreation Leader salary schedule will be increased to be equal to that of Sr. Center Nutrition Services Worker, including the 2022-2023 wage increase noted above.

2. Fiscal Year 2023-2024:
 Effective July 1, 2023, all positions shall receive a 3.0% wage increase.

3. Fiscal Year 2024-2025:
 Effective July 1, 2024, all positions shall receive a 3.0% wage increase.

B. Step Increases - The City shall maintain its current five (5) step salary plan during the term of this MOU.

C. Retirement
20 AGENDA ITEM NO. 4.
5 1. The City shall, during the term of this agreement, pay the rate prescribed for employer contributions into the PERS fund in accordance with the rules and regulations governing such employer contributions, and as provided below. All references to PEPRA shall mean the Public Employees’ Pension Retirement Act as enacted in 2013.

2. Employee Paid PERS Member Contributions

PERS Classic Employees (per 2013 PEPRA regulations)

Employee Paid Member Contribution 8.0%
Employee Cost Share of City’s PERS Cost 8.4%
TOTAL PERS COSTS PAID BY EMPLOYEE: 16.4%

PERS New Members (per 2013 PEPRA regulations)

Employee Paid Member Contribution 6.75%*
Employee Cost Share of City PERS Cost 8.40%
TOTAL PERS COSTS PAID BY EMPLOYEE: 15.15%

*Pursuant to PEPRA regulations, the PERS New Member Employee Paid Member Contribution (EPMC) is subject to change and may increase. If such changes occur, the City will notify CEA prior to implementation of any rate changes to New Employee EPMC.

3. The Employee Cos t-Sharing amounts specified in 8 .C.2 above shall apply to employees classified as “PERS Classic Employees” and to employees classified as “PERS New Members”, as defined by 2013 PEPRA regulations.

4. For all employees classified as “PERS Classic Employees” (per 2013 PEPRA regulations) the City will continu e to provide the benefit known as “PERS single Highest Year Benefit” throughout the term of this agreement.

5. For all employees classified as “PERS New Members” (per 2013 PEPRA regulations), the City will continue to provide the benefit known as “PERS 3 Year Final Compensation”.

D. Credit for Unused Sick Leave

1. The City shall continue to provide the PERS benefit known as “PERS Credit for Unused Sick Leave (Govt. Code Section 20965).

E. Deferred Compensation

21 AGENDA ITEM NO. 4.
6 Unit members who have completed their initial probationary period may elect to participate in a deferred compensation program that includes a City matching contribution. However, unit employees may participate in the deferred compensation program without the City matching cont ribution at any time during employment. The deferred compensation program is subject to I. R. S. Section 457 program rules.

Enrollment in the program shall become effective in the pay period following the submittal of an enrollment request. The provisio ns of the deferred compensation program are as follows:

City’s Matching Maximum City Payment
Contribution/Payment

(City/Employee)

1:1 3%

If the maximum dollars available for the contributory deferred compensation program for this unit are not utilized in any fiscal year, the remaining dollars shall be applied to health insurance rates for this unit only. The total unit wage subject to the deferred compensation matching program will be compared to the actual dollars spent by the City on the program to determine any unspent dollars available during the preceding fiscal year.

9. Health, Life, and Dental Insurance Compensation

A. The City and CEA agree that the City’s Health Benefits Committee (HBC) shall be the exclusive representative body for the purposes of all mandatory meet and confer issues that are related to the City’s health benefit plan (medical, dental, pharmacy, vision, and life insurance coverages) inclusively.

The HBC shall be convened by the City at least once each quarter to review the City’s health benefit plan. The HBC shall include a member and an alternate from each of the represented City bargaining units. The represented members shall determine their own voting and conflict resolving procedures so that they can present (whenever possible) a single proposal for all their represented employees. Sufficient management staff will represent the City on the HBC as determined by the City. The City or HBC may also request to convene at other times to meet and confer as prov ided for in this agreement.

If any bargaining unit represented by the HBC is not in agreement with the position of the HBC as demonstrated by a negative vote of their respective affiliation membership, such bargaining unit and their designated representative(s) will meet and confer with the City to impasse prior to the implementation of any meet and confer proposals made in accordance with this agreement. The City’s health benefit plan structure shall be determined through the meet and confer process betw een the HBC 22 AGENDA ITEM NO. 4.
7 and the City. The City’s health benefit plan structure is defined as the type and level of benefits.

The benefits provided under this section shall be at the minimum type and level of benefits that is no less than the minimum benefit offered by any of the program providers as listed on the 1995 Health Program Benefits Sheet distributed on February 1, 1995, provided that the benefit is competitively available in the local market. The City will select the health benefit plan vendors and set the health benefit plan rates.

The City will meet and confer with the HBC regarding the impacts of vendor selection, rates, rate structure, and other plan change impacts.

The employee contribution rate will remain at 10% of the total cost of the lowest cost plan as determined by the City for the various employee, employee/family, and other tier groups as proposed. Increases or decreases in the year to year premium will be shared in the same 10% employee, 90% employer ratio for the term of this MOU unless otherwise changed through the meet and confer process with the HBC.

B. Health Premium Waiver Incentive

1. Employees who waive City medical, prescription, dental , and vision coverages will receive a waiver incentive of $420.00 per month.

2. Employees who waive medical and prescription drug coverages will receive a waiver incentive based on the following employee coverage tiers:

 Employee Only $362.00
 Employee + Child(ren) $322.00
 Employee + Spouse $309.00
 Employee + Spouse + Child(ren) $265.00

Employees who choose to discontinue health coverages through the City shall continue to receive City -provided life insurance coverage and employee assistance program (E.A.P.) benefits. To be eligible for this incentive, employees must: (1) notify the City’s Perso nnel Division of their decision to discontinue health coverage during the City’s annual health insurance open enrollment period; (2) verify in writing that they have group medical coverage from another source; and (3) verify to the City that discontinuance of health coverage does not constitute a violation of any court order or other legal obligation to which the employee may be subject. In the event that an employee who has opted -out of the City’s health coverage subsequently loses their alternate medical coverage due to a life changing event as defined by the Consolidated Omnibus Budget Reconciliation Act (COBRA), the employee may re-enroll in the City’s health coverage program. It shall be the responsibility of the employee to notify the City’s Personnel Division of such a life changing event within 30 days of the event.

Any Changes in ACA regulations that affect cash -in-lieu benefits will require a reopener on the cash-in-lieu benefit.

23 AGENDA ITEM NO. 4.
8 C. Supplemental Life Insurance
Throughout the term of this agreemen t, the City shall make available to employees in this unit supplemental life insurance coverage. It is understood and agreed that the premiums for such coverage shall be paid for exclusively by the employees who elect the supplemental life insurance cover age. Payment of the premiums for this coverage shall be made through employee payroll deductions.

The City shall be responsible for selecting the life insurance provider. Prior to selecting a provider, the City shall consult with CEA representatives.

D. State Disability Insurance
The members of CEA agree to pay for State Disability Insurance premiums for a minimum of two calendar years in accordance with the State Unemployment Insurance Code Rules and Regulations. It is further understood by CEA that the City allows State Disability as a non -vested benefit to be available to CEA members provided the City does not incur a contribution obligation.

10. Holidays

A. The holidays listed below will be recognized as eight (8) hour holidays during the existence of this MOU, except for Subdivision 10, which will be recognized as a four (4) hour holiday:

1. New Year's Day (January 1)

2. Martin Luther King Jr. Day (3rd Monday in January)

3. All President's Day (3rd Monday in February)

4. Memorial Day (last Monday in May)

5. Independence Day (July 4)

6. Labor Day (1st Monday in September)

7. Veteran's Day (November 11)

8. Thanksgiving Day (as declared in November)

9. Friday after Thanksgiving Day

10. The latter four (4) hours of one workday between December 24 and December 31. In order to maintain operations, Department Heads shall have discretion over scheduling which day employees select.

11. Christmas Day (December 25)

12. One (1) floating day to be used for employee birthday or any other work day selected by mutual agreement of the employee and the employer.

Floating holiday hours may accrue without limit.

B. Whenever any such above -described recognized holiday falls on a Saturday, the preceding Friday shall be consid ered a holiday. Whenever any such above described recognized holiday falls on a Sunday, the following Monday shall be considered a holiday.

24 AGENDA ITEM NO. 4.
9 C. Employees may request and may receive Good Friday off provided they have either adequate compensatory time off accrued or accrued vacation time, or are granted leave without pay per the City’s Personnel Rules and Regulations.

D. An employee shall be paid for each of the above holidays only when the employee is on a paid status the work day prior to and the work day immediately after the holiday. Paid status shall mean the employee is on approved vacation leave, sick leave, holiday, compensatory time off, bereavement leave, jury duty or actually at work.

E. Whenever an employee is required to work on a recognized holiday, the employee shall be paid at straight time, plus one and one-half times their rate of pay for every hour actually worked with a two (2) hour minimum.

11. Sick Leave

A. Employees will receive eight (8) hour's sick or accident allowance for each full month of employment (based on date of hire) up to a total of ninety-six (96) hours allowance per calendar year.

Such allowance is cumulative from year to year.

Sickness or accident benefit payments, including workers' compensation payments, for any work week shall not exceed an employee's normal straight time weekly earnings.

Sick Leave benefits are payable only for an employee's regularly scheduled work days on which the employee is unable to work as a result of the employee’s illness or accident.

The employee may be required to furnish a doctor's certificate or other satisfactory proof of illness or accident when absent one (1) or more full days.

After an employee in this unit accumulate s 192 hours of unused sick leave, the employee may receive a cash payback of a portion of the unused sick leave accumulated during the previous 12 month period. The payment shall be paid once a year, on the first paycheck after November 16 , and the hours available for payback shall be based on the following schedule:

Number of Sick Leave Hours
Used During Preceding Number of Cash-out Percent of
12 Month Period Hours Available Cash-Out
0 96 50%
0+ to 8 88 45%
8+ to 16 80 40%
16+ to 24 64 35%
24+ to 32 56 30%
32+ to 40 48 25%
25 AGENDA ITEM NO. 4.
10 ___________________________________________________________________ The remaining portion of unused sick leave hours shall continue to accumulate.

B. Medical Appointments

Employees may use earned sick leave days for medical, chiropractic, dental and therapy appointments with the approval of the Department Head or the Department Head’s designee.

C. Sick Leave Cash-Out at Time of Retirement

Employees who retire from the City on the regular PERS service retirement benefit may elect to receive a lump sum cash -out of up to 25% of their accrued sick leave balance as calculated at the time of retirement. This benefit is not applicable to employees who leave City service under any other conditions, including employees who retire under PERS disability retirements. Appropriate federal/state tax withholding will be made at the time of cash-out.

Accrued sick -leave hours that remain following cash -out will be certified to PERS for the benefit known as “Credit for Unused Sick Leave.”

12. Family Illness

A. An employee shall be entitled to twenty-four (24) work hours with pay in any one (1) calendar year for the purpose of providing personal care, attendance and compassion to a member of the employee's immediate family who is suffering from an injury or illness. An employee shall be entitled to up to forty (40) work hours with pay in any one (1) calendar year if travel is required outside of California. However, the necessity for the employee's presence may, in the discre tion of the City Manager or the City Manager’s authorized agent, be required to be verified by a doctor's certificate.

For the purposes of this Section, “immediate family” shall include the husband, wife, mother/step, father/step, mother-in-law, father -in-law, brother/step, sister/step, child/step, grandparent, grandchildren, brother/sister-in-laws, son/daughter-in-laws, or legal dependent of the employee , and registered domestic partner as defined by the State of California.

B. Family Illness Leave Act - The City and CEA agree to comply with the legal requirements of “The Family and Medical Leave Act of 1993” (FMLA), as amended and “The California Family Rights Act of 1991” (CFRA), as amended (collectively referred to as the “ACTS”) and detailed in the City of Clovis Administrative Memo 94 -2, as amended.

C. All unit members have been properly noticed concerning their rights and the City’s policy regarding their entitlements under the ACTS by provision of a copy of Administrative Memo 94-2 as amended and that all time off for reasons covered under 26 AGENDA ITEM NO. 4.
11 the ACTS (including workers’ compensation absences) is designated FMLA/CFRA leave and counts towards their entitlement under both ACTS.

D. Employees who take leave under the ACTS on an Intermittent or Reduced Leave Schedule when their available paid leave balances have been exhausted will receive their negotiated benefits on a proportionate basis, based on the average number of hours they worked in a pay period compared to the number of hours not worked. For example, an employee who works 40 hours in an 80 hour pay period, will receive 50% accrual of sick leave and vacation time, and will be paid for one -half of a day for any holidays during that pay period.

13. Vacation

Employees in this unit shall earn vacation credit on the following basis:

Years of Service Accrual
1 through end of year 7 5 hours posted on each pay period to a maximum of 280 hours 8 through end of year 14 6 hours posted on each pay period to a maximum of 328 hours 15 through end of year 19 6.667 hours posted each pay period to a maximum of 360 hours 20 Years or more 8 hours posted on each pay period to a maximum of 360 hours

The time at which the employee shall be granted a vacation is at the discretion of the Department Head. Employee sen iority, as defined in Section 24, shall govern selection of vacation time unless the needs of the City require a deviation from this procedure.

14. Overtime

Overtime must be authorized by a supervisor and will be paid at the rate of one and one-half times the normal rate of pay for all hours actually worked in excess of eight (8) hours in a day. Employees who work an alternate work schedule, (i.e., “4-10” or “9 -80”) shall earn overtime for hours actually worked in exce ss of their normal schedule.

15. Specialty Pay

A. Employees in this Unit shall receive a salary increase equivalent to “A” step of the position being filled or a 5% salary increase, whichever is greater, above their regular salary when they are assigned by their supervisor to perform the majority of the duties of a supervisory position for at least forty (40) working hours within a seven (7) day period. All out-of-class work assignments, including the length of the assignment, shall be in accordance with CalPERS rules and regulations.

B. Employee(s) who maintain a Notary Public certification that is determined to be of a benefit to the City shall receive a monthly premium of $100.00. 27 AGENDA ITEM NO. 4.
12 C. CEA members who possess non -English language skills that have been identified by the Department Head as beneficial to the Department shall receive a maximum of one hundred dollars ($100.00) per month in addition to the employee’s base salary. The city shall determine if employees qualify for the bilingual pay and the standards of proficiency that an employee must possess in order to receive bilingual pay.

D. Cell Phone Stipend – Employees who are required by management to use a City issued cell phone, outside of shared and pooled phones, will have the option to receive a $25.00 monthly stipend in lieu of using the City issued cell phone. To participate in this program the employee must pro vide their cell phone number to the Department. This method of notification replaces the method of the City providing a cell phone. Employee cell phones must be able to function locally and have text messaging service and the ability to send or receive pic tures in addition to phone service. The stipend is provided in recognition of the City using this method to notify employees of overtime, emergency recall, social media, and to contact the employee during the course of work.

16. Compensatory Time-Off

The City may allow compensatory time off (CTO) in lieu of overtime. The City shall have the choice in the manner of compensation, i.e., cash or CTO. The number of CTO hours an employee may accumulate shall be at the discretion of the employee’s Department Head.

Employees shall be allowed to cash -out up to 80 hours of their accumulated CTO during the first pay check after November 16 . Employees wishing to cash -out CTO must notify the Finance Department in writing by November 15 of their desire to cash-out CTO and how many hours they wish to cash-out.

17. Bereavement Leave

An employee shall be entitled to forty (40) excused hours with pay on an annual basis to attend the funeral of any member of the employee's immediate family. For the purpose of this Section, the term "immediate family" shall include the husband, wife, father/step, mother/step, brother/step, sister/step, child/step, grandchild/step, mother- in-law, father -in-law, grandparents , brother/sister -in-laws, son/daughter -in-laws, or legal dependents of such employee, and registered domestic partner as defined by the State of California. The City will take all reasonable steps to accommodate an employee’s work schedule so the employee may attend the funeral of an immediate family member.

18. Leave of Absence Without Pay

A. The City Manager may grant a permanent or probationary employee a leave of absence without pay or accrual of seniority for a period not to exceed three (3) 28 AGENDA ITEM NO. 4.
13 months. Leaves of absence without pay may be extended at three (3) month intervals (up to a maximum of nine (9) months) upon the mutual agreement of the City and the employee involved. No such leave shall be granted except upon written request of the employee setting forth the reason for the request , and the approval will be in writing.

Upon expiration of the regularly approved leave, or within a reasonable period of time after notice to return to duty, the employee may be reinstated in the position held at the time leave was granted. Failure on the part of the employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty shall be cause for discharge, in the discretion of the City Manager.

B. The Department Head may grant a permanent or probationary employee a leave of absence without pay for a period not to exceed one (1) calendar week. Such leave shall be reported to the City Manager or the City Manager’s authorized representative.

19. Minimum Callback Pay

An employee in this unit who is call ed back to work outside of the employee’s regularly scheduled shift shall be paid a minimum of three (3) hours at the employee’s overtime rate. The employee shall have the option of choosing overtime pay or CTO as compensation for callback duty.

20. Mileage

The City shall pay the current City standard mileage reimbursement rate, as determined by the Internal Revenue Services, for use of an employee’s vehicle for authorized City business. Such use shall be in conformance with City practices and policies.

21. Jury Duty

The provisions of the City’s Personnel Rules and Regulations, which pertain to Jury Duty, shall be applicable to employees covered by this MOU. While serving on jury duty, employees will continue to be paid by the City on the bas is of a forty (40) hour work week, at their normal rate of pay, on condition that any compensation (in excess of mileage expenses) received by the employee from the court be turned over to the City.

22. Service Recognition

Service awards are given to employees when they reach 5-year increment milestones of employment with the City of Clovis. (e.g., 5 years, 10, years, 15 years, etc.) The City shall allow employees in this unit the option to either accept the service award gi ft or collect the cash value of the gift. Employees will be notified when they are eligible for 29 AGENDA ITEM NO. 4.
14 a service award, the cash value of the award, and will be provided a form to opt for either the gift or the cash equivalent.

Cash in lieu of a service award gi ft will be on an employee’s regular check and is subject to regular payroll taxes.

23. Grievance Procedure

The City and CEA agree that all parties shall utilize the existing appeals mechanism provided for within the City’s Personnel Rules and Regulations for all cases regarding discharge or suspension , unless and until appropriately modified at the initiation of the City.

Policy Statement

CEA employees herein are encouraged to solve difficulties and problems within their department. In the event that a difficulty or grievance cannot be settled within the department, the employee is encouraged to bring the matter to the attention of the Personnel Officer.

Purpose

The purpose of this grievance procedure is to secure, at the lowest possible administrative or supervisory level, proper and equitable solutions to grievances, and to guarantee orderly succession of procedures within which solutions may be pursued.

It shall be incumbent upon all City employees to follow these procedures to settle their grievances.

Definition of Terms: As used in this Section, the following words shall have the designated meanings:

1. Grievance: A grievance is a good faith complaint of one or a group of employees or a dispute involving the interpretation, application, or enforcement of the express terms of this MOU and all other terms and working conditions of employment.

2. Conferee: A conferee is an individual who, at the request of the employee, is invited to participate in a grievance conference.

3. Aggrieved Party: Aggrieved party is the employee or group of employees or City making the claim.

4. Days: The term “days” shall, except when otherwise indicated, mean calendar days when the City offices are open.

Implementation Procedures: Any grievance of a disciplinary matter may be brought before the Personnel Commission according to the manner and procedures 30 AGENDA ITEM NO. 4.
15 specified in the City’s Personnel Rules and Regulations and shall proceed according to the below-described manner and procedure:

a. Level One - Oral Discussion With Immediate Supervisor: An aggrieved party shall orally present his grievance to the employee’s immediate supervisor within fifteen (15) days of the occurrence of the event being grieved, or within fifteen (15) days after the employee becomes aware of the event being grieved. The aggrieved party and the immediate supervisor should make every effort to resolve the difficulty in this manner.

b. Level Two - Personal Conference Upon Written Claim With Immediate Supervisor: An aggrieved party may then submit their claim in writing to their supervisor. The written claim must be submitted to the immediate supervisor no more than fifteen (15) days past the date of the Level One discussion. This fifteen (15) day time period does not begin to run against an employee who is off duty on an approved absence, until that employee returns to duty. The parties should make every effort to resolve the difficulty in this manner. The conciliatory efforts of conferees may be utilized at th is stage as a substitute for or in conjunction with the aggrieved party. The aggrieved party’s written claim should state their position clearly, and the background and reasons and the following items must be included:

(1) A statement of the steps initiated by the aggrieved party to resolve the problem by informal means.

(2) A description of the general and specific grounds for the grievance.

(3) A listing of the specific actions and events alleged to be in violation (including witnesses).

(4) A statement of the reasons why the specific actions identified above are in violation of this Section.

(5) A listing of the specific actions which the aggrieved employee believes would best remedy their grievance.

Upon receiving the written cla im, the immediate supervisor shall schedule a personal conference with the aggrieved party to resolve the grievance. If the aggrieved party is not satisfied with the results of this personal conference with the aggrieved party’s immediate supervisor, which must be announced within fifteen (15) days, they must then file a written complaint with his department head within fifteen (15) days of receiving the notice from their immediate supervisor.

c. Level Three - Personal Conference With Department Head : An aggrieved party may appeal the Level Two decision to their department head by filing a written complaint. Said complaint shall contain the same information as described above for the Level Two claim. It shall not be necessary to rewrite the above information. Upon receipt of the complaint, the department head shall schedule a personal conference 31 AGENDA ITEM NO. 4.
16 with the aggrieved. At this conference, the attending aggrieved party and department head should make every effort to resolve the matter. If the aggrieved p arty is not satisfied with the results of this personal conference with this department head, which results must be announced within fifteen (15) days of the conference, the employee must then file a written appeal as provided for in Level Four.

(1) The request shall be in writing and shall include the same information as described in the previous claim in Level Two. This shall be in the form of a separate written request, and said request shall be accompanied by a copy of the written claim filed at Level Two and Level Three.

(2) The Board of Review or Assistant City Manager shall have available to it all documents relating to the complaint and any City records that would be helpful in resolving the problem.

(3) After studying the documentary evidence, the Board of Review shall conduct such hearings as it deemed necessary. At least two (2) days’ notice of any scheduled hearing should be given.

(4) Within a reasonable time after the conclusion of the hearing, the Board of Review or the Assistant City Manager shall submit the written findings of facts and written decision to both the City and the Aggrieved Party.

(5) The Board of review shall be made up of three members, one selected by the Aggrieved Party, one selected by the City and the third selected by the first two from among those individuals currently serving on the City’s Personnel Commission.

Level Five - City Manager’s Decision: After receipt of the advisory findings of fact and advisory decision from the Level Four Board of Review, the City Manager shall investigate and confer with the parties involved. The Aggrieved Party, at the aggrieved party’s discretion, may bring in their conferee. The City Manager shall thereafter communicate a final and conclusive decision in writing together with supporting reasons, to the Aggrieved Party, within twenty (20) days of concluding the investigation of the matter.

General Provisions: To facilitate this procedure, the following provisions shall apply:

(1) Any party to a grievance may, at any point i n the process outlined, have a conferee.

32 AGENDA ITEM NO. 4.
17 (2) Any employee may serve as a conferee without fear of prejudice or reprisal of any kind being taken against such employee.

(3) Grievance adjustment should be more concerned with “what is right” and less concerned with “who is right”. Effective adjustme nt of grievances requires that all parties involved conduct themselves with decorum and restraint, and that commonly accepted principles of ethical conduct be observed at all times.

(4) All proceedings, at any level, shall be kept private and confidential, and any disposition of the case will not be made public without the prior joint and mutual agree ment of the aggrieved party and the City Manager. An aggrieved party who makes any proceeding or disposition public without said prior joint and mutual agreement shall be held to have thereby waived his grievance. This shall not apply when the Aggrieved Party requests an opportunity to address the Council. Decisions that have City -wide implications shall be communicated to all certifi ed personnel in an objective and impersonal manner.

(5) The City shall keep a written record of all proceedings beginning w ith Level One. The parties involved shall initial a nd date the records at each Level, indicating their knowledge of the contents, before the grievance shall proceed to the next Level. Such signing shall not necessary indicate agreement to the factual content.

(6) Any costs of operating the grievance procedure shall be borne jointly by the City and the Aggrieved Party.

(7) By mutual written agreement, the time limit at any Level may be extended.

(8) The conferee shall conduct all applicable duties, whenever possible, during “non-working” hours. The conferee shall only be allowed to conduct said duties during working hours if (1) t here is no interference with any other employee’s job performance and ( 2) the conferee received no overtime compensation by the City for time so spent.

24. Lay-Off

A. The provisions of this article shall apply when the City institutes lay -off of bargaining unit employees pursuant to the City’s Personnel Rules and Regulations.

B. Statement of Intent : In the event the City should anticipate a lay -off of employees covered by this MOU, the City will notify CEA of its intention to make lay - offs. Within ten (10) days of this notice, either party may agree to reopen this MOU to meet and confer on the topic of cost savings in an effort to avoid a lay-off. Nothing in this section relinquishes the City's right to lay -off employees in the unit if the MOU is reopened and the parties fail to reach a mutually acceptable agreement to avoid a lay- off.
33 AGENDA ITEM NO. 4.
18 C. Notification: Employees to be laid -off shall be given at least thirty (30) calendar day’s prior notice. Prior to lay -off, the City shall issue a statement to the affected employee concerning the performance of the employee. If the performance of the affected employee has been certified as “sa tisfactory” or better, based on the employee’s last two performance evaluations, the name of the laid-off employee shall be placed on the appropriate reemployment list. If the performance of the laid -off employee is certified as not being “satisfactory” o r better, the affected employee’s name shall not be placed on a reemployment list.

D. Order of Layoff : Employees shall be laid -off in the inverse order of their seniority with the City, within the classifications subject to lay-off(s). The City Manager shall determine in which classifications the lay -off(s) shall occur, based on the needs of the City. Seniority shall be determined based upon date of hire to a permanent, full- time position with the City. Within each classification, employees shall be laid -off in the following order:

1. Temporary Employees

2. Contractual Employees

3. Permanent Part-Time Employees

4. Probationary Employees

5. Permanent Employees

E. In cases where there are two or more employees in the classification from which the lay-off is to be made who have the same seniority date, such employees shall be laid-off on the basis of the last evaluation rating in the classification, provided that such rating has been on file at least thirty (30) days and no more than twenty-four (24) months prior to lay- off. In such cases, the employee(s) with the lower evaluation rating will be laid-off first.

F. Bumping: An employee designated to be laid -off may bump into the next lower classification within their classification series, provided t hat they have seniority over the person being bumped. An employee who is bumped shall be laid -off in the same manner as an employee whose position is abolished.

G. Reemployment List : Employees who are laid -off and who have been certified by the City as providing “satisfactory” performance or better, shall have their names placed on a reemployment list. Vacant positions in the bargaining unit shall be offered to qualified employees on the reemployment list by order of seniority, with the most senior -qualified employee recalled first. Seniority shall be determined by the length of time an employee worked for the City in a permanent, full-time position.

Names shall be maintained on the reemployment list for a period of two (2) years.

Persons who decline a reemployment offer to any permanent position for which they are qualified shall be stricken from the reemployment list.

A laid-off employee who is reemployed to a position in which the employee had regular status shall not be required to serve a new probationary period but shall be required to 34 AGENDA ITEM NO. 4.
19 meet minimum standards for the position. A laid-off employee who is reemployed to a position in which the employee did not have regular status shall be required to serve a new probationary period and meet the minimum standards of the position. Employees who do not pass the requisite probation in another class will be returned to the reemployment list for the class from which they were laid-off. They will be returned to the same position on the reemployment list they occupied at the time of lay-off.

H. Non-Discrimination: The City agrees that lay -offs shall be accomplished without regard to an otherwise -qualified employee’s race, color, national origin, religion, sex, or physical disability and any other protected classes as defined by law.

25. Fitness for Duty Examinations

A. In the event the Department Head has reason to believe that an employee is not physically and/or mentally capable of performing the full duties of the employee’s position, or that the employee’s condition represents a danger to self, other employees or the public, the Department Head may immediately place that employee on sick leave, or other accrued leave, or personal leave without pay if accrued leave is exhausted, or if already on sick leave, require the employee to remain off work until cleared for full duty by the City physician or another physician designated by the City.

B. If the employee so requests, the Department Head shall, prior to implementing a decision, present the reasons for taking such action to the employee and, if the employee desires, a representative of the employee's choice.

26. Uniforms

The City shall provide uniforms to all employees who are required to wear uniforms. The City shall determine the uniform design and composition. Employees will be provided with a minimum of four (4) uniforms annually. Additional uniforms may be provided if necessary, due to wear / tear, as determined by the employee’s supervisor. Employees are responsible for maintaining their uniforms in a reasonable manner, ensuring a clean and professional appearance. Uniforms are property of the City and must be returned upon separation from the City.

35 AGENDA ITEM NO. 4.
20 27. Military Leave

Military leave shall be granted in accordance with the provisions of federal and state law. All employees entitled to military leave shall give the City Manager and/or the City Manager’s authorized agent an opportunity, within the limits of military regulations, to determine when such leave shall be taken.

Employees shall be paid their regular salary for the first 30 days of active duty within a fiscal year. Starting on the 31 st day of active duty, employees will receive the difference between their military base pay and their City of Clovis pay. Military orders and wage statements will be required. See the Leave Guide for more details.

28. Professional Development

The City shall reimburse employees in the Unit for the cost of tuition, required fees (such as a health fee), required textbooks or e -books, for job-related courses leading to a college degree. To be eligible for reimbursement, the course must be related t o job duties or related to a position to which an employee might reasonably aspire.

The maximum reimbursement rate will be calculated September 1 of each year as the total of eight (8) semesters full -time undergraduate tuition, including required fees, a t California State University Fresno. A total of $2,000 for required textbooks or e-books will be added to the tuition fees noted above for a grand total maximum reimbursement.

Expenses for courses which began prior to July 1, 2019 will not be included in the maximum lifetime allocation.

Reimbursement under this Section shall be made under the following conditions:

A. Employees must have completed their initial probationary period with the City.

B. By February 28 of each year, employees must submit a written r equest to participate in the Educational Incentive Program including an estimate of costs to be incurred during the following fiscal year.

C. Course work must be for an accredited college or university degree program, and have the prior approval of the Department Head. Accreditation shall be through the U.S. Department of Education unless otherwise approved by the Department Head.

D. An employee will be eligible for reimbursement of approved expenses for either an Associates, Bachelor’s or Master’s degree. Fees for any combination of these degrees may be reimbursed as long as they do not exceed the employee’s maximum allocation for the Educational Incentive Program.

E. Course work must be work-related and determined by the Department Head to be of benefit to the City. Required course work as part of an approved undergraduate or master’s degree program is eligible for reimbursement. 36 AGENDA ITEM NO. 4.
21 F. Reimbursement of approved course work and related expenses shall be contingent upon the attainment of a letter grade of “C” or be tter, or “Pass” in a course with Pass/Fail grading. Reimbursement shall be made after the employee submits expense receipts and proof of letter grade.

G. Fees not required for enrollment such as parking, graduation related expenses, or travel will not be reimbursed.

H. All courses for which reimbursement is sought shall be taken while off duty and not in paid status.

29. Time Bank

During the time of this agreement, employee donations to the CEA Time Bank will be suspended . Any remaining hours in the time bank may be utilized by CEA elected officers and committee members to attend to CEA business and educational activities. The City Finance Department will maintain records of all hours donated annually to the Time Bank. Upon request, the City Finance Department will provide CEA with quarterly information regarding the available balance in the Time Bank and hours utilized.

The CEA President shall authorize the use of Time Bank hours for the elected officers and committee members of CEA. Hours utilized under this section shall be in minimum amounts of two (2) hour increments. For scheduled trainings, schools, etc ., that occur off City property or out of town, the CEA President shall provide the appropriate Department Head or designee with a minimum of fourteen (14) days’ notice prior to requesting the use of Time Bank hours.

For CEA business meetings, consultations, and trainings that occur on City premises, the CEA President shall obtain reasonable advanced approval from the appropriate Department Head or designee for use of Time Bank hours. The use of Time Bank hours that impacts assigned schedules shall be subject to the approval of the affected Department Head(s).

CEA agrees to indemnify and hold harmless the City of Clovis, its offic ers, agents and employees from any claims or liability arising from the use of the Time Bank, including any legal or other actions taken to protest the application of this provision. It is agreed that CEA personnel utilizing Time Bank hours shall be representing CEA and not the City of Clovis during the time that Time Bank hours are being utilized. It is further understood that the use of Time Bank hours shall not constitute “time worked” for the purposes o f computing overtime or any other payroll or employee benefit, including workers’ compensation benefits.

37 AGENDA ITEM NO. 4.
22 30. Workweek

A. The workweek for all unit members shall be 168 consecutive regularly recurring hours.

B. For employees assigned to a “5 / 8” or “4 / 10” work schedule, the workweek shall begin at 0700 hours on Sunday and end at 0700 hours on the following Sunday.

C. For employees assigned to a “9 / 80” work schedule, each employee’s designated FLSA workweek (i.e., 168 regularly recurring h ours) shall begin exactly four (4) hours after the start time of the employee’s eight (8) hour shift on the weekday that corresponds with the employee’s regular alternating day off.

31. Flexible Work Schedules

Unit members in Recreation classifications assigned to work on weekends may have their day(s) off scheduled during Monday – Friday.

The City will analyze and respond within ninety (90) days to written proposals from CEA regarding alternative employee wo rk schedules. Such proposals shall be designed with the primary concerns of saving operating costs and enhancing City service levels.

32. Maintenance of Operations

CEA agrees that for the term of this MOU neither CEA nor any person acting on its behalf will cause, authorize, engage in, sanction, nor will any of the members of the bargaining unit take part in a strike against the City, a work stoppage, slow -down, picketing or the concerted failure to report for duty, or unauthorized absence or abstinence from the full and faithful performance of their duties of employment, including the compliance with the request of other labor organizations or bargaining units to engage in such activities.

33. Conclusively

It is understood and agreed to that all documents including but not limited to written ordinances, resolutions, policies and procedures, employee rules and merit system rules and regulations which relate to wages, hours, and other terms and conditions of employment which are presently in effect are made part of this MOU by reference. Those items set forth specifically in this MOU may be altered, changed, added to, deleted from or modified only through the voluntary, mutual consent of CEA and the City in a written and signed amendment to this Agreement. 38 AGENDA ITEM NO. 4.
23 CEA and the City agree that during the negotiations which resulted in this MOU, each party had an unlimited right and opportunity to make demands and proposals with respect to any subject or matter within t he scope of representation . Therefore, during the term of this Agreement, neither the City or CEA shall be obligated to meet and confer on any matter:

1. Whether or not specifically referred to in this MOU;

2. Whether or not the matter was within the knowledge or contemplation of either party at the time of negotiations;

3. Whether or not the matters were proposed and later withdrawn during negotiations.

Except That: The City may change a written policy affecting wages, hours, and other terms and conditions of employment, which are incorporated by reference in this MOU. The City shall notify CEA in writing of its intention to do so. If CEA does not respond within ten (10) calendar days from the date of mailing of such notification, the City shall assume CEA does not wish to meet and consult on the change in policy. In an emergency, the City retains the right to take such action immediately. CEA will be offered the opportunity to meet and consult as soon as practicable.

34. Past Practices

Nothing contained in this MOU shall be interpreted as to imply or permit the invocation of past practice, or tradition, or accumulation vesting of any employee rights or privileges other than those expressly stated herein.

35. Designation of Confidential Employees

A. In order to implement the provisions of State law on the designation of confidential employees, the following rule shall be incorporated into the City’s Personnel Rules and Regulations:

In accordance with State law, the City Manager may designate as "confidential" those employees who are required to develop or present management positions with respect to employer -employee relations or whose duties normally require access to confidential information contributing significantly to the develo pment of management positions. Such designation shall be at the discretion of the City Manager after consultation with the affected recognized employee organization, if any.

B. The City shall, as changes occur , provide to CEA a written list of unit positions designated as confidential.

39 AGENDA ITEM NO. 4.
24 Those unit positions designated as confidential will continue to be represented by this bargaining unit and may be members in and hold office in the bargaining unit.

However, pursuant to law, such designated positions may not represent the bargaining unit, which represents other employees of the City, on matters within the scope of representation.

36. Release Time

Authorized CEA representatives shall receive reasonable release time for the purposes of collective bargaining, the processing of grievances, joint problem -solving meetings between the City and CEA , and disciplinary representation. As soon as practicable prior to the release from duties, the designated representatives shall submit a written request for release to their supervisor(s).

37. Sole Agreement

The policies collected in this MOU constitute the entirety of the policies which are subject to the meet and confer obligation as agreed to by the parties. To the extent that any other agreement should be in conflict with these policies', these policies shall prevail.

If, during its term, the parties hereto should mutually agree to modify, amend, or alter the provisions of this MOU in any respect any such change shall be effective only if and when redu ced to writing and executed by the authorized representatives of the City and the Affiliation. Any such changes validly made shall become a part of this MOU and subject to its terms.

The waiver of any breach or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all terms and conditions herein.

In the event that any of the policies contained in this MOU should be declared by a court of competent jurisdiction to be unenforceable or illegal that policy or set of policies shall be declared void. However, this action shall in no way invalidate the remaining policies contained in this MOU.

38. Term of Memorandum of Understanding

This MOU shall remain in effect for the period of July 1, 2022 through June 30, 2025. The provisions of this MOU shall not, however, take effect until ratified by both the City Council of the City of Clovis and the general membership of the bargaining unit. The City and CEA acknowledge that all provisions of this agreement, toget her with those other matters within the scope of representation, are subject to renegotiating upon the expiration of this agreement to the extent provided by law.

40 AGENDA ITEM NO. 4.
25 CEA membership has ratified the contents of this MOU, by their affirmative vote, on or about June 20, 2022.

The City Council approved the provisions of this MOU on July 5, 2022.

For the CITY: For CEA:

______________________________ _________________________________ John Holt, City Manager Moniqua Randolph, CEA President

______________________________ _________________________________ Shonna Halterman, Lead City Negotiator Aaron La Mattina, CEA Negotiator

______________________________
Lori Shively, City Negotiator

______________________________
Jeff Blanks, City Negotiator

______________________________
Kathleen Newberry, City Negotiator

ATTEST: ______________________
Karey Cha, City Clerk

Date: _________________________

41 AGENDA ITEM NO. 4.
26 Side Letter Agreement between the City of Clovis
and Clovis Employees Association (CEA)

COVID Premium Pay

As an acknowledgement for employees who worked during the City of Clovis declared COVID-19 emergency order from March 16, 2020 through March 14, 2022, the City will provide COVID Premium Pay as follows:

A. For the time period from March 16, 2020 through March 15, 2021, Employees will receive up to $2,000, prorated to be equivalent to their actual regular hours worked, not including overtime. Regular hours is defined as hours calculated on the employee’s timesheet in payroll codes: 3001, 3003, 3005, and 3159.

B. For the time period from March 16, 2021 through March 14, 2022, Employees will receive up to $2,000, prorated to be equivalent to their actual regular hours worked, not including overtime. Regular hours is defined as hours calculated on the employee’s timesheet in payroll codes: 3001, 3003, 3005, and 3159.

The COVID Premium Pay, as described A and B above, will be paid to only current employees, and payment will be made in one lump sum within 30 days following bargaining unit ratification and City Council approval of a new three -year MOU with a term of July 1, 2022 through June 30, 2025. “Current employee” is defined as an active employee of the City of Clovis on the day this side letter is approved by City Council.

Employees may voluntarily choose to divert some or all of the COVID Premium P ay funds into their Deferred Compensation 457 plan with the following requirements:
 The employee’s 457 plan contributions must be below the annual cap (including both City and employee contributions).
 No later than one full pay period prior to the COVID Premium Pay cash out, the employee must complete a form in Personnel changing the amount of deferred comp contribution.
 No later than the date of the COVID Premium Pay cash out, the employee must complete another form in Personnel returning their deductions to their prior level for following pay periods.

Any funds paid directly to employees will be subject to standard payroll deductions.

For the City of Clovis: For CEA:

_______________________________ _____________________________ Shonna Halterman, Lead City Negotiator Moniqua Randolph, CEA President

42 AGENDA ITEM NO. 4.
27 _______________________________ _____________________________ Lori Shively, City Negotiator Aaron La Mattina, CEA Negotiator

_______________________________
Jeff Blanks, City Negotiator

Attest: _____________________ Date:______________
Karey Cha, City Clerk

43 AGENDA ITEM NO. 4.
28 Side Letter Agreement between the City of Clovis and CEA To 2022-2025 MOU

After July 1, 20 22, the City agrees to meet and discuss CEA job classifications and their requirements as discussed during labor negotiations in April through June, 2022.

CEA representative(s) will be responsible for contacting the General Services Director, or Personnel/Risk Manager to schedule a meeting prior to November 1, 2022.

For the City of Clovis: For CEA:

_______________________________ _____________________________ Shonna Halterman, Lead City Negotiator Moniqua Randolph, CEA President

_______________________________ _____________________________ Lori Shively, City Negotiator Aaron La Mattina, CEA Negotiator

_______________________________
Jeff Blanks, City Negotiator

Attest: _____________________ Date:______________
Karey Cha, City Clerk
44 AGENDA ITEM NO. 4.

ATTACHMENTS: 1. Res. 22-___, and MOU

CONFLICT OF INTEREST
None.

RECOMMENDATION
For the City Council to approve a r esolution authorizing a successor Memorandum of Understanding (MOU) between the City of Clovis and the Clovis Firefighters Association (CFFA) bargaining unit, for the term of July 1, 2022, through June 30, 2025.

EXECUTIVE SUMMARY
City negotiators have recently conc luded the meet and confer process with representatives of the CFFA bargaining unit for a successor MOU. Council authorization is required to implement the proposed amendments to the CFFA MOU.

BACKGROUND
The 2019-2022 MOU between the City and CFFA expires June 30, 2022. The City’s negotiating team and CFFA representatives have recently concluded negotiations for a successor MOU. A summary of significant changes in the proposed MOU is below.

 Salary increases as follows:
o FY 2022-23: 5.0% wage increase
o FY 2023-24: 3.0% wage increase
o FY 2024-25: 3.0% wage increase.
 Incorporated a previous side letter regarding Training Captain and Prevention Captain assignments into the 2022-2025 MOU.
 Allowed for one (1) hour of overtime for travel time from home when an employee is recalled back to work for immediate need backfill. This does not apply to out -of-county assignments unless the in-service engine has already responded to the incident. 45 AGENDA ITEM NO. 5.
 Increased “Acting” pay to the following: 7.5% for Firefighters acting as Fire Engineers, 10% for Firefighters or Fire Engineers acting as Fire Captains, and 10% for Fire Captains acting as Fire Battalion Chiefs.
 Employees who are called back to work for adminis trative or operational duties, but the meeting, training or other purpose for the call back is cancelled , postponed, or rescheduled without advance notice of at least one hour, the employee will receive the greater of 60-minute minimum pay or actual time s pent traveling from their primary residence.
 Add grievance procedures to the MOU.
 Incorporated seniority language from an existing side letter in MOU.  Side letter for COVID Premium Pay up to $ 5,824 per employees who worked during the City emergency order.

The CFFA membership ratified the terms of the proposed MOU on or about June 26, 2022.

FISCAL IMPACT
The proposed amendments to the CFA MOU will result in approximate increased costs for salary, incentives, and COVID premium pay of approximately $1,026,900 over the next three (3) years, which will be budgeted during the term of the agreement.

REASON FOR RECOMMENDATION
The proposed 2022-2025 MOU between the City and CFFA maintains reasonable wages and working conditions related to the labor market for employees in the CFFA bargaining unit. Prior to its implementation, the proposed MOU must be approved by City Council resolution. The proposed amendments are within the financial parameters authorized by City Council and will preserve the City’s ability to attract and retain qualified personnel.

ACTIONS FOLLOWING APPROVAL
City staff and CFFA representatives will sign the proposed 2022-2025 MOU and any side letter agreements. Staff will implement the modifications within the new MOU.

Prepared by: Shonna Halterman, General Services Director

Reviewed by: City Manager _AH_

46 AGENDA ITEM NO. 5.

RESOLUTION 22-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS ADOPTING A

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CLOVIS AND

THE CLOVIS FIREFIGHTERS ASSOCIATION (CFFA)

WHEREAS, a Memorandum of Understanding exists between the City of Clovis and the Clovis Firefighters Association (the Parties); and

WHEREAS, the Memorandum of Understanding expires on June 30, 2022; and

WHEREAS, an agreement has been reached between the Parties for a successor Memorandum of Understanding; and

WHEREAS, the proposed CFFA Memorandum of Understanding 2022 -2025 and side letters are attached as Attachment A.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Clovis hereby adopts the Memorandum of Understanding between the City of Clovis and the Clovis Firefighters Association bargaining unit for the term of July 1, 2022, through June 30, 2025.

* * * * * *

The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on July 5, 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: July 5, 2022

___________________________ __________________________ Mayor City Clerk

Attachment 1 47
AGENDA ITEM NO. 5.

MEMORANDUM OF UNDERSTANDING

between

THE CITY OF CLOVIS

AND

CLOVIS FIREFIGHTERS’ ASSOCIATION

July 1, 2022 through June 30, 2025

ATTACHMENT A

48 AGENDA ITEM NO. 5.

TABLE OF CONTENTS
Article Title Page

1. Introduction ......................................................................................1

2. City Rights .......................................................................................1

3. Strikes and Lockouts........................................................................1

4. Employee Rights ..............................................................................2

5. Nondiscrimination ............................................................................2

6. Unit Recognition ..............................................................................2

7. Payroll Deductions/Union Access ....................................................3

8. Definitions ........................................................................................4

9. Salary Schedules .............................................................................5

10. Retirement .......................................................................................7

11. PERS Survivors Benefit ...................................................................8

12. Work Schedule ................................................................................9

13. Overtime ........................................................................................ 11

14. Compensatory Time Off ................................................................. 12

15. Acting Status Pay .......................................................................... 13

16. Minimum Call-Back Pay ................................................................. 13

17. Vacation ......................................................................................... 14

18. Holidays ......................................................................................... 15

19. Shift Relief .................................................................................. 16

20. Health, Life and Dental Insurance Benefits .................................... 16

21. Military Leave ................................................................................. 17

22. Leave of Absence Without Pay ...................................................... 18

23. Employee Sick Leave .................................................................... 18

24. Sick Leave Incentive ...................................................................... 19

25. Sick Leave Cash-Out at Retirement .............................................. 19

26. Bereavement Leave ....................................................................... 20

27. Jury Duty ........................................................................................ 20

28. Uniforms ........................................................................................ 20

29. Job-Related Injury or Sickness ...................................................... 21

30. Professional Development Program .............................................. 21

31. Health Maintenance and Physical Fitness ..................................... 24

32. Emergency Medical Services ......................................................... 26

33. Grievance Procedure ..................................................................... 26

34. Loss/Damage of Property .............................................................. 28

35. Layoff ............................................................................................. 29

36. Station and Yard Maintenance ....................................................... 31

37. Association Release Time Bank .................................................... 31

38. Sole Agreement ............................................................................. 32

39. Term .............................................................................................. 32 49 AGENDA ITEM NO. 5.
1 Article 1. INTRODUCTION

1.1 This Memorandum of Understanding (MOU) is made and entered into between the Clovis Firefighters, Incorporated, hereinafter referred to as "Association" and the City of Clovis, hereinafter referred to as "City", pursuant to California Government Code, Section 3500 et seq. as their exclusive and mutual agreement.

1.2 The representatives for the City of Clovis and the Association having reached agreement as hereinafter set forth, this MOU shall be submitted to the City Council with the joint recommendation that that body adopt this MOU as its policies for the period of time specified in Article 39, unless these policies are otherwise changed by the appropriate meet and confer processes.

1.3 The purpose of the MOU is to promote harmonious relations between the City and the employees covered herein so as to promote employer -employee relations by providing a written document enumerating the entire agreement between the employer and employees pursuant to the purpose and intent of the California Government Code, Section 3500.

Article 2. CITY RIGHTS

2.1 The City retains the exclusive right, subject to and in accordance with appli cable laws and the provisions of this MOU, (a) to direct employees in the performance of their duties; (b) to hire, promote, transfer, assign and discipline employees; (c) to dismiss employees for reasonable cause pur suant to procedures outlined herein; (d) to determine the mission of its divisions and departments, and its budget, organization, number of employees and the number s, types, descriptions and grades of positions or employees assigned to an organiza tional unit, and the methods and technology of performing its work; and (e) to take whatever action may be appropriate to carry out its mission in situations of emergency.

2.2 In addition, the City retains all the exclusive rights, subject only to the specific provisions of this MOU, and pursuant to State law, to take whatever actions and set whatever policies it deems appropriate.

Article 3. STRIKES AND LOCKOUTS

3.1 The Association, its members and all employees within the employee bargaining unit represented herein, hereby agree that it shall not call, sanction, or engage in any primary strike, sympathetic strike, boycott, slowdown, suspension or stoppage of work for the duration of this MOU and for the period of time necessary to conclude a successor Agreement to this MOU.

50 AGENDA ITEM NO. 5.
2 3.2 The City agrees that it shall not cause or engage in any lockout, for the duration of this MOU.

3.3 If the Association or any of its me mbers or any employee it represents herein should breach this agreement, then the City retains, as one of its alternative remedial actions, the right to terminate the employment of said employee and/or member.

Article 4. EMPLOYEE RIGHTS

4.1 Employees of the City shall have the right to form, join and par ticipate in the activities of employee organizations of their own choosing for the purpose of representation on all matters pursuant to law concerning employer -employee relations. Employees of the Ci ty shall also have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City.

4.2 Nothing in this MOU is intended to deprive an employee of the employee’s rights under applicable law.

Article 5. NONDISCRIMINATION

5.1 The City and the Association agree not to discriminate against any employees in accordance with applicable laws.

Article 6. UNIT RECOGNITION

6.1 The City agrees to acknowledge, pursuant to Sections 3500 et.seq of the California Government Code, the Clovis Firefighters Association, Local 1695 ( Association) as the exclusive recognized employee organization representing the fire service employees in the listed Subsection 6.2 below, until such time as the Association fails to obtain a majority of the vote of the employees in that bargaining unit during a decertification election. As the exclusive recognized employee organization, the Association shall have the right and obligation to meet and confer and reach agreement with the City regarding the determination of wages, hours, and other terms and conditions of employment for employees represented by the Association. Nothing in this article shall be cons trued as violative of any requirement or provision of the Myers-Milias-Brown Act.

6.2 This Association shall consist of all full-time permanent and probationary employees in the following classifications:

51 AGENDA ITEM NO. 5.
3 Fire Captain
Fire Engineer
Firefighter
Firefighter/Paramedic

6.3 New classifications approved by the City Council and determined to be appropriately placed within this unit shall automatically become part of this unit upon such determination and shall immediately be covered by the terms of this MOU.

6.4 For all purposes, Fire Department Volunteers, Reserves and/or Explorers are not considered employees and are not subject to the provisions of this MOU. In addition, the City and Association recognize that Volunteers, Reserves an d/or Explorers will not be used to replace full time regular or probationary employees.

6.5 Fire Captains shall not be required to work in the Fire Engineer classification except for emergency recall situations, or for temporary assignments of less than five (5) hours in duration.

6.6 Fire Engineers shall not be required to work in the Firefighter classification except for emergency recall situations, or for temporary assignments of less than five (5) hours in duration.

Article 7. PAYROLL DEDUCTIONS/UNION ACCESS

7.1 Payroll deductions shall be in accordance with applicable law. The Association shall indemnify, save harmless and defend the City and its officers, agents and employees, for any liability the City should incur as a result of this service.

7.2 Union Access
The City and the Association agree on the procedures for administering Assembly Bill 119 (AB 119) Union Access for the Association represented employees that are newly hired and for existing employees.

a. Access to employee new hire orientations
The Association and the City agree to waive the 10 day notice for new hire orientation as required by AB 119. The City will agree to allow the Association a time slot to attend the Firefighter training academy to educate the new hires regarding the Union benefits that the Association provides to its members.

b. Access to new hire employee personal information
Both the City and the Association agree to waive the personal information requirement on new hires that is distributed within 30 days after date of hire as required by the law. Personal information will be distributed to the Association once a year as stated below.
52 AGENDA ITEM NO. 5.
4 c. Access to current employee personal information
Both the City and the Association agree to waive the personal informatio n requirement on current employees that is required to be distributed every 120 days by AB 119. Personal information will be distributed to the Association once a year. The personal information will be distributed to the Union President once per calendar year by the 15th of January.

The Union President will pick up the personal information and sign for it. Only one e -mail notification will be sent out to the Union President. The Union President will be responsible for picking up the personal information. The personal information distributed will be the information that is required by AB 119.

d. Opt-Out Provision
If the employee opts out and does not want their personal information distributed, the City will send the Association the employee’s na me, work phone, job title, and work location.

Article 8. DEFINITIONS

8.1 Department
“Department” shall mean the Fire Department.

8.2 Association
“Association” shall mean the Clovis Firefighters’ Association.

8.3 Emergency
The term “emergency” used in this MOU means a circumstance requiring immediate action; a sudden, unexpected happening; an unforeseen occurrence or condition.

8.4 Employee
The use of the word “employee” or “employees” in the MOU shall be construed as meaning those Firefighters, En gineers, and Captains of the Clovis Fire Department, as represented by the Association. This definition is not intended to limit the City’s rights under Section 2.1 of this MOU.

8.5 Shift
Shift shall mean a twenty-four (24) hour period starting at 0800 and ending at 0800 the following day.

8.6 Work Day
Except where otherwise specifically defined, “work day” for shift employees shall be defined as a twenty-four (24) hour period for employees assigned to a 56 hour 53 AGENDA ITEM NO. 5.
5 (average) work week, or an eight (8), nin e (9), or ten (10) hour period for employees assigned to a forty (40) hour work week.

8.7 Emergency Call Back
A request or order back to work for an urgent need, usually to maintain minimum staffing, provide additional operational capacity during an emer gency recall, or a critical administrative need. All Urgent Call Back requests must be authorized by a Chief Officer.

8.8 Non-Emergency Call Back
A request to work for a non -urgent need, will be voluntary and administrative in nature. If the request is for operational needs, it will be voluntary and 72 hours advanced notice will be provided. All Non -Urgent Call Back requests must be authorized by a Chief Officer.

8.9 Mandated Return to Work
An order to return to work by the Fire Chief or designee.

Article 9. SALARY SCHEDULES

9.1 Fiscal Year 2022 – 2023. All positions shall receive a 5.0% wage increase. The wage increase shall become effective on the first day of the first payroll period following the Association ratification and City Council approval of this MOU.

9.2 Fiscal Year 2023 – 2024. Effective July 1, 2023, all positions shall receive a 3.0% wage increase

9.3 Fiscal Year 2024 – 2025. Effective July 1, 2024, all positions shall receive a 3.0% wage increase.

9.4 Members of the following Special Response Teams shall receive additional compensation (incentive pay).

a. Hazardous Materials Response Team
b. Technical Rescue Team
c. Fire Investigators Team
d. EMS Paramedic ALS Service

9.5 Special Response Team Incentive:

Members of a Special Response Team shall receive an additional three hundred dollars ($300.00) added to their base salary each month.

Special Response Team Incentive for Team Leaders:
54 AGENDA ITEM NO. 5.
6 Special Response Team Members designated by the Fire Chief as a Team Leader shall receive three-hundred and fifty dollars ($350.00) added to their base salary each month.

9.6 Multi-Team Involvement:

Association members will receive Special Response Team incentive pay for only one team, regardless if they serve on multiple special response teams. There will be no “pyramiding” of the Special Response Team Incentive.

9.7 The City will pay the premiums for an additional $225,000 supplemental term life insurance policy for members of the following Special Teams:
 Hazardous Materials Team
 Technical Rescue Team
 Fire Investigators

This amount will be in addition to the standard issue $25,000 life insurance received by City employees. This benefit will be subject to the employee(s) meeting the underwriting criteria by the insurance provider. If, duri ng the term of this agreement, the City selects a new life insurance vendor for this coverage, the City shall make reasonable efforts to maintain all coverage limits and terms as presently contracted. If the City is unable to do so, the City and the Association shall meet and confer over such terms and the impact upon the supplemental coverage for the Special Team members. The City shall provide evidence of coverage to all affected employees.

9.8 Appointment to Special Teams:

Appointment to Special Teams shall be subject to the approval of the Fire Chief.

9.9 Cell Phone Stipend:

The City will provide a stipend of $30.00 per month to shift employees; and, a stipend of $50.00 per month to employees regularly assigned to Fire Training Officer and Deput y Fire Marshal positions, who choose to participate in the cell phone notification program in lieu of a cell phone provided by the City. Employees assigned to the Fire Training Officer and Deputy Fire Marshal positions must utilize their personal cell pho nes for Fire Department business. To participate in this program the employee must provide their cell phone number to the Department.

This method of notification replaces the method of contacting personnel by fire apparatus phones. This does not restrict the movement of types of activities of off- duty personnel. Employee cell phones must be able to function locally and have text messaging service in addition to phone service. The stipend is provided in recognition of the City using this method to notify em ployees of overtime and emergency recall.

9.10 Bilingual Pay:

Association members who demonstrate fluency in Spanish or American Sign Language, or any language deemed operationally necessary by the Fire Chief, 55 AGENDA ITEM NO. 5.
7 shall receive one hundred dollars ($100.00) per month in addition to their base salary. The City shall determine if employees qualify for the bilingual pay and the standards of proficiency that an employee must possess in order to receive bilingual pay. Association members must pass a biennial recertification to maintain this pay.

Article 10. RETIREMENT

10.1 The City shall continue to make employer contributions to the Public Employee’s Retirement System for the “single highest year” benefit (Government Code Section 20024.2) for employees covered by this MOU who are classified as “Classic Employees” pursuant to PEPRA regulations.

10.2 The City shall continue to make employer contributions to the Public Employee’s Retirement System for the “3 Year Final Compensation” benefit for employees covered by this MOU who are classified as “New Employees” pursuant to PEPRA regulations.

10.3 The City shall continue to make employer contributions to the Public Employee’s Retirement System for the “credit for unused sick leave” benefit (Government Code Section 20965) for employees covered by this MOU.

10.4 The City shall continue to make the employer contribution for each eligible employee for the PERS safety retirement benefit known as “3% at 50” for employees covered by this MOU who are classified as “Classic Employees” pursuant to PEPRA regulations.

10.5 The City shall continue to make the employer contribution for each eligible employee for the PERS safety retirement benefit known as “Safety 2.7% at Age 57” for employees covered by this MOU who are classified as “New Employees” pursuant to PEPRA regulations.

10.6 The City shall, during the term of this agreement, pay the above described employer contribution(s) into the PERS fund in accordance with th e rules and regulations governing such employer contributions.

10.7 Each employee classified as a “Classic Employee” and each employee classified as a “New Employee” pursuant to PEPRA shall pay, via payroll deduction, the amount prescribed by the rate established for each employee’s contribution into the PERS fund. It is recognized that the employee rate established by PERS for employees classified as “New Employees” may be subject to change. If such change occurs, the City will notify the Association of the change prior to its implementation.

56 AGENDA ITEM NO. 5.
8 10.8 The City will permit employee pension contributions to be made on a pre-tax basis whenever possible, as long as no additional cost to the City is involved.

10.9 Employee Cost-Sharing of PERS Contributions

a. Each Association “Classic” and “New Employee” shall pay 8.0% of City PERS contributions (cost -sharing). Each employee authorizes the City to make appropriate deductions and/or withholdings to accomplish such cost-sharing.

b. For employees classified as “Classic Employees ” pursuant to PEPRA, the current 9.0% of the Employe e Paid Member Contribution is calculated on all PERSable compensation. The additional 8.0% cumulative PERS cost -sharing amount described in 10.9 a. will be calculated on the same basis.

c. For employees classified as “New Employees” pursuant to PEPRA, the current Employee Paid Member Contribution as determined by PERS is calculated on all PERSable compensation. The additional 8.0% cumulative PERS cost - sharing amount described in 10.9 a. will be calculated on the same basis.

10.10 Unit members hired aft er January 1, 2013 and who are considered “New” employees under PEPRA regulations may elect to participate in a deferred compensation program that includes a City matching contribution once they have completed their initial probationary period. However, al l unit employees may participate in the deferred compensation program without the City matching contribution at any time during employment. The deferred contribution program is subject to IRS Section 457 program rules. Enrollment in the program shall become effective in the pay period following the submittal of an enrollment request. The provisions of the deferred compensation program are as follows:

City’s Matching
Contribution/Payment Maximum City Payment

City/”New” PEPRA Employee
1:1 3% of monthly base salary

Employees who are considered “Classic” employees with CalPERS are not eligible for the match.

Article 11. PERS SURVIVORS BENEFIT

11.1 The City shall maintain the PERS Level 4 Survivors Benefit for all unit members during the term of this agreement.

57 AGENDA ITEM NO. 5.
9 Article 12. WORK SCHEDULE

12.1 Fire Department personnel covered by this MOU shall work either the cycle defined in Subsection 12.2 or 12.3:

12.2 Employees that work a 56 hour work week shall work a shift schedule commonly referred to as the 2/4 schedule. This schedule has an annualized average work week of 56 hours and shall consist of each shift (A, B or C) working eight (8) twenty- four (24) hour shifts in a twenty -four (24) day work period. This schedule shall consist of (2) 24-hour shifts/contiguous forty-eight (48) hours on duty, followed by ninety-six (96) hours off duty. The work schedule is illustrated as follows with X = on duty and O = off duty: X-X-O-O-O-O-X-X-O-O-O-O-X-X-O-O-O-O-X-X-O-O-O- O. This schedule shall be on-going and repeat on a fixed and regular basis.

12.3 A 40 hour work week shall consist of five (5) consecutive eight hour days each week. When new personnel are assigned or bid into a 40 hour assignment an alternate work week of either Monday through Thursday or Tuesday through Friday at 10 hours per day may be agreed upon by the Fire Chief and the affected employee. The Fire Chief may assign the start and end time of these shifts to meet operational needs.

12.4 When shift reassignment occurs at the direction of the Fire Chief, a minimum of 72 hours of time-off shall be provided between the old shift assignment and the new shift assignment (56 hour work week). Whenever a shift transfer/reassignment is made, the employee shall receive that same minimum “actual hours worked” which would have resulted if a shift reassignment had not occurred.

Employees moving from a voluntary 40 hour assignment or IOD will receive a minimum of 48 hours of time-off (starting at 08:00 hours) between the assignments from a 56 hour work week to a 40 hour work week; and, from a 40 hour work week to a 56 hour work week.

Shift movement at the direction of the Fire Chief includes movement created by new hires, promotions, employee performance improvement, long -term interim appointments, or special work assignments.

Shift movement created at the employee’s request such as the “Station Bid Selection”, employees requesting “light-duty” for off-duty injury/illness, and mutually requested shift transfer between employees shall not b e subject to any minimum time-off pursuant to this provision.

With the exception of Deputy Fire Marshal, l arge-scale transfer is defined as periodic (every 2 years) movement where personnel, program assignment, and specialized team assignments are subject to changes that include shift and program assignment transfers. Every 2 years employees will participate in a 58 AGENDA ITEM NO. 5.
10 department-wide fire station and shift selectio n process, effective January 2019.

This process shall be known as the “Station Bid Selection”. Provisions of the “Station Bid Selection” shall be mutually agreed upon as specified in Policy.

12.5 Personnel may be temporarily assigned to a 40 -hour work week. When qualified personnel are assigned temporarily to a 40 -hour work week, they will be given a minimum of two weeks advance notice. Those assigned to a 40 -hour work week shall receive an additional 7.5% increase in base salary. The Fire Chief will request qualified volunteers prior to making any 40 -hour work week assignments.

Individuals temporarily assigned to a 40 -hour work week will perform that assignment for a period of three months, or less, in any one year period, unless mutually agreed for a longer period. Individuals performing in a temporary or permanent 40-hour assignment shall not negatively impact the bargaining units’ available time off (i.e., vacation, holidays, schooling/training).

12.6 In order to uniformly convert time between 40 and 56 hour work weeks, one-fifth of the employee’s work week shall be used. The conversion factor for calculating the time is 1.4, i.e., when an employee moves from 56 to 40 hours per week, the employee’s accumulated vacation, CTO and HTO hours will be divided by the factor 1.4. When an employee moves from 40 to 56 hours per week, the employee’s accumulated vacation, CTO and HTO hours will be multiplied by the factor 1.4.

12.7 The Fire Chief may make 40 -hour work week assignments to fill the duties of Prevention Captain (Fire Captain) and/or Training Captain(s) (Fire Captain).

The Training Captain and Prevention Captain assignments shall be a two (2) year assignment and shall either 1) rotate to other Fire Captains as set forth below, or 2) the incumbent’s assignment may be extended for up to an additional two (2) year cycle. The extension of time shall be upon the mutual consent of the Fire Chief and the incumbent. The assignment of Training Captain (Fire Captain) shall follow the “Station Bid S election” as described in Article 12, with the rotation schedule beginning January 2019.

If no eligible employees volunteer for the Training Captain or Prevention Captain assignments the Fire Chief may reassign the least senior, non -probationary Fire Captain(s) to the 40 -hour assignment following a two (2) year assignment by the least senior, non-probationary Fire Captain who is not willing to extend their assignment. In such cases, the Fire Chief may reassign the next least senior, non- probationary Captain if no Captain volunteers for the assignment.

If a vacancy occurs in the Prevention Captain or Training Captain positions, volunteers shall be requested first from all current Fire Captains.

Those assigned to a 40 hour rotational assignment as Prevention Captain or Training Captain under this provision shall receive an additional 7.5 % increase in 59 AGENDA ITEM NO. 5.
11 base pay; and the use of a City vehicle for the duration of said assignment, subject to the approval of the Fire Chief based upon the City’s need to use such vehicle on a day to day basis.

12.8 For employees that are candidates for promotional testing for the positions of Fire Engineer, Fire Captain and Battalion Chief, and on-duty during the testing process; the City shall provide a release from duty at least (2) hours prior to the candidate’s appointed time, and (1) hour after completion of the candidate’s portion of the test.

The employee will not be required to utilize any personal leave banks for this period.

Article 13. OVERTIME

13.1 The City will compensate the employees described in Article 6 for overtime pay at one and one -half (1 -1/2) times the regular rate of pay for all time in excess of scheduled hours. For the purposes of calculating overtime pay the use of any paid leave shall be recognized as compensable when calculating o vertime, which exceeds the requirements of the FLSA 7K exemption.

13.2 Employees assigned to a forty (40) hour work week who are mandated back to work on any holiday shall be paid double time for all hours worked on that day. “Double time” shall be defin ed as two -times the employees’ regular rate of pay. 40-Hour employees who are mandated to come back into work will receive “Double Time” after accounting for their regular required work hours. 40 -Hour employees who volunteer for shift coverage or to work will be compensated at time and a half for all hours worked beyond their required work hours. Additional information concerning Holiday time is specified in Section 18.3.

13.3 The City shall have the right to require employees to work in order to maintain minimum staffing, provide City coverage during emergency situations, provide special event/assignment coverage and/or maintain licenses/certifications. The assignment of overtime shall be in conformance with existing procedures.

13.4 When an employee is mandated to work overtime in order to maintain staffing levels due to a lack of volunteers, that employee shall be selected by using the “TeleStaff Picklist” method as follows : The employee with the least amount of overtime and is assigned permanently to the off going shift shall be required to work said overtime. In the case of two (2) employees having the same amount of overtime, the employee with the least amount of seniority shall be required to work said overtime. In the case where all employees working in the rank of the pending overtime are not permanently assigned to the off going shift, the employee with the least amount of overtime shall be required to work said overtime.

13.5 Employees may be required to holdover for up to two (2) hours in order to maintain staffing levels for unplanned time off only. Employees may also holdover to attend 60 AGENDA ITEM NO. 5.
12 meetings/training. Employees held in excess of two (2) hours will receive a minimum of three (3) hours at the overtime rate, or actual hours worked, whichever is greater.

13.6 Employees who are scheduled at least 24 hours in advance to provide early relief within one (1) hour of their scheduled work day will be compensated at the overtime rate for the actual hours worked if the work is contiguous with the employees’ scheduled work shift.

13.7 At no time shall the City be held responsible to pay an employee at the overtime rate for duty arising as a result of a shift trade requested or consented to by the employee, except in cases of illness or other bona fide absence in which case the overtime rate for callback duty will apply.

13.8 Employees who, while off duty, stop to render aid at accident scenes, fires, medical emergencies or other emergency situations, where the employee takes any physical action (stops bleeding, rescues from harm, controls traffic, etc.) shall be eligible for overtime. Pay will be in 15 minute increments with a 30 minute minimum. The involved employee shall, as soon as reasonably possible, contact the Duty Chief to provide notification to the Department, plus fill out an incident report documenting their actions to be completed by the employee’s next duty day.

13.9 Employees can be recalled back to work for immediate need backfill at all times of the day. When an employee is recalled back to work for immediate need backfill, the employee will be compensated, at the overtime rate described in section 13.1, for up to one (1) hour prior to arriving at the assigned fire station for travel time from home. The one (1) hour does not apply to out-of-county assignments unless the in -service engine has already responded to the incident. However, out -of- county backfill for the individual(s) coming back to work will reflect the times on the F-42. The one (1) hour of overtime compensation for travel to the fire station cannot result in the recalled employee being paid for more hours than the scheduled hours which they were recalled for.

Article 14. COMPENSATORY TIME OFF

14.1 The City may allow compensatory time off (CTO) in lieu of overtime or callback monetary compensation. The City shall have the choice in the manner of compen- sation.

14.2 Employees described in Article 6 shall be allowed to accumulate a maximum of 96 hours of unused CTO. CTO may not be used to take time off if it unduly disrupts operations.

14.3 Employees shall have the following option concerning cash out of CTO hours:

61 AGENDA ITEM NO. 5.
13 Twice each fiscal year each bargaining unit member may receiv e cash out up to 96 hours of his or her CTO. CTO payout will occur the first full pay period in July and January. Request for CTO cash out must occur 30 days prior.

Article 15. "ACTING" STATUS PAY

15.1 The City shall provide “Acting” status pay differential of at least 7.5% for Firefighters acting as Fire Engineers, 10% for Firefighters or Fire Engineers acting as Fire Captains, and 10% for Fire Captains acting as Fire Battalion Chiefs computed on the salary matrix, or Step 1 of the higher classification, whichever is greater, when the employee has been assigned to work in a higher classification regardless of time. These higher classifications shall be defined as: Acting Engineer, Acting Captain or Acti ng Battalion Chief. The employee shall receive the highest pay rate provided by this Section.

15.2 The Fire Chief shall develop criteria for all positions where personnel may be assigned to an" acting" position. The determination of who is qualified for, and formally assigned to, "Acting" status shall remain the discretion of the Fire Chief.

Individuals performing an acting Battalion Chief position shall not negatively impact the bargaining units available time off (i.e., vacation, holiday, schooling/training).

Article 16. MINIMUM CALL-BACK PAY

16.1 It is the purpose of this section to describe how employees will be compensated when they are called back to work outside of their regularly scheduled shift. It is the intent of this section to provide financial rewards and incentives for employees to respond to orders and requests for callbacks to work outside of their regularly scheduled shift.

16.2 Any employee called back to work (Urgent) for administrative or operational duties shall be paid a minimum of three (3) hours at the overtime rate. Employees who are required to provide relief that begins before 0800 and ends after 0800 on the same date will receive the minimum of three (3) hours at the overtime rate or actual hours worked, whichever is greater.

When an employee is called back to work for administrative or operational duties and the reason for the call -back (meeting, training, etc.) is cancelled, postponed, or rescheduled without advance notice to the employee, the employee will be paid a 60 minute minimum or actual time spent traveling from their primary place of residence (whichever is greater), if they arrive at work to cover their travel time and costs. Advanced notice shall be defined as no less than one (1) hour prior to the scheduled start time causing the employee to be called back to work.

62 AGENDA ITEM NO. 5.
14 16.3 Emergency Call Back. Any employee called back to work in the event of a major emergency incident shall be paid a minimum of five (5) hours at the overtime rate.

A major emergency incident is defined as any emergency incident in which the incident commander has determined that the on -duty fire suppression personnel will not be capable of handling the emergency incident and providing station coverage for the entire City without supplemental personnel.

All Non-Emergency Call Backs will be paid hour-for-hour.

Overtime starts when employee arrives at their work site (fire station, fire scene, etc.) and ends when the assignment is complete and the employee is rele ased from work.

16.4 The City will provide notification to employees who are subject to call back for public information / promotional events at least fourteen (14) calendar days in advance.

Article 17. VACATION

17.1 Employees described in Article 6 shall earn annual vacation credit on the following basis:

Years of Service 40 Hour Week Employees 56 Hour Week Employees

a. Year 1 Thru End 5 hours posted on each pay 7 hours posted on each pay Of Year 7 period to a maximum of 280 period to a maximum of 392

b. Year 8 Thru End 6 hours posted on each pay 8.4 hours posted on each pay Of Year 14 period to a maximum of 328 period to a maximum of 459.2

c. Year 15 Thru End 6.7 hours posted on each pay 9.333 hours posted on each pay Of Year 19 period to a maximum of 360 period to a maximum of 504

d. 20+ years 8 hours posted on each pay 11.2 hours posted on each pay period to a maximum of 360 period to a maximum of 504

17.2 The time at which the employee shall be granted a vacation is at the sole discretion of the Fire Chief. The predominant factor to be considered shall be the need of the City and will not be unreasonably denied.

17.3 Employees who terminate employment shall be paid for all unused vacation leave accumulated as of the date of separation.
63 AGENDA ITEM NO. 5.
15 Article 18. HOLIDAYS

18.1 Each regular employee described in Article 6 shall be entitled to time off in lieu of holidays computed at the rate of 200 hours of time off for twelve (12) months of service. Holiday time shall be credited, in advance, to all personnel on July 1 of each year and not credited on a monthly basis.

18.2 After completing their probationary period, employees may choose to cash out up to 200 hours of unused annual Holiday Time off (HTO) in July of each year. Such requests shall be submitted by June 1 for the ensuing budget year. Holiday time will be cashed out at the employee’s straight time rate. The annual HTO cash out shall be acknowledged as “compensation” within the meaning of the Public Employees Retirement Law (Section 20000 et seq.). In recognition of and consistent with the PERS requirement to report compensation as earned, holiday time that is cashed out will be reported to PERS on a pro-rata basis per pay period over the course of the fiscal year.

18.3 40-Hour Light Duty or Staff employees must work assigned holidays voluntarily, complete 40 hours per week for each week during the pay period the holiday falls in (i.e., flex a Monday for a Friday if working a 4 / 10 schedule if completed within the same workweek), or the employee may use a leave bank such as HTO, VAC, or CTO to cover hours not worked on a holiday.

18.4 If an employee terminates employment w ith the City prior to June 30, pro -rated holiday time used in excess of 16.67 hours per month will be deducted from his/her final paycheck. If an employee terminates employment prior to June 30, all unused holiday time earned that does not exceed 16.67 ho urs per month on a pro -rata basis will be cashed out.

18.5 Employees shall be allowed to accumulate a maximum of 296 hours of unused holiday time. If an individual has 296 hours of unused holiday time on July 1, then receives an additional 200 hours for the current fiscal year, the 200 hours above the maximum limit (296 hours) must be cashed out at the employee’s straight time rate.

18.6 The Fire Chief may authorize a carryover of holiday time in excess of the maximum hours for extenuating circumstance s. Within the last quarter of the fiscal year individuals who have excess holiday time must submit written justification to the Fire Chief for consideration and review.

64 AGENDA ITEM NO. 5.
16 Article 19. SHIFT RELIEF

19.1 The City will allow three (3) personnel off using HTO / VAC leave per shift. Shift Battalion Chiefs will not impact bargaining unit members’ vacation and/or holiday time off.

All requests for time off such as HTO/VAC/CTO/CTN shall be a minimum of three (3) hours, unless that time off is for early relief and the employee filling the vacancy is volunteering to work and therefore will be compensated hour for hour and does not qualify for “minimum call-back pay” as outlined in section 16.2.

Article 20. HEALTH, LIFE AND DENTAL INSURANCE BENEFITS

20.1 The City and the Association agree that the City’s Health Benefits Committee (HBC) shall be the exclusive representative body for the purposes of all mandatory meet and confer issues that are related to the City’s health benefit plan (medical, dental, pharmacy, vision, and life insurance coverages) inclusively.

20.2 The HBC shall be convened by the City at least once each quarter to review the City’s health benefit plan. The HBC shall include a member and an alternate from each of th e represented City bargaining units. The represented members shall determine their own voting and conflict resolving procedures so that they can present (whenever possible) a single proposal for all their represented employees.

Sufficient management staff will represent the City on the HBC as determined by the City. The City or HBC may also request to convene at other times to meet and confer as provided for in this agreement.

20.3 If any bargaining unit represented by the HBC is not in agreement with the position of the HBC as demonstrated by a negative vote of their respective affiliation membership, such bargaining unit and their designated representative(s) will meet and confer with the City to impasse prior to the implementation of any meet and confer proposals made in accordance with this agreement.

20.4 The City’s health benefit plan structure shall be determined through the meet and confer process between the HBC and the City. The City’s health benefit plan structure is defined as the type and level of benefits.

20.5 The benefits provided under this Article shall be at the minimum type and level of benefits that is no less than the minimum benefit offered by any of the program providers as listed on the 1995 Health Program Benefits Sheet distrib uted on February 1, 1995, provided that the benefit is competitively available in the local market. The City will select the health benefit plan vendors and set the health benefit plan rates. The City will meet and confer with the HBC regarding the impacts of vendor selection, rates, rate structure, and other plan change impacts.

65 AGENDA ITEM NO. 5.
17 20.6 The employee contribution rate will remain at 10% of the total cost of the lowest cost plan as determined by the City for the various employee, employee/family, and other t ier groups as proposed. Increases or decreases in the year to year premium will be shared in the same 10% employee, 90% employer ratio for the term of this MOU unless otherwise changed through the meet and confer process with the HBC.

20.7 Health Premium Waiver Incentive

a. Employees who waive City medical, prescription, dental and vision coverages will receive a waiver incentive of $420.00 per month.

b. Employees who waive medical and prescription drug coverages will receive a waiver incentive based on the following employee coverage tiers:

 Employee Only $362.00
 Employee + Child(ren) $322.00
 Employee + Spouse $309.00
 Employee + Spouse + Child(ren) $265.00
c. Employees who choose to discontinue health coverages through the City shall continue to receive City -provided life insurance coverage and employee assistance program (E.A.P.) benefits. To be eligible for this incentive, employees must: (1) notify the City’s Personnel Division of their decision to discontinue health coverage during the City’s annual health insurance open enrollment period; (2) verify in writing that they have group medical coverage from another source; and (3) verify to the City that discontinuance of health coverage does not constitute a violation of any court order or other legal obligation to which the employee may be subject. In the event that an employee who has opted -out of the City’s health coverage subsequently loses his/her alternate medical coverage due to a life changing event as defined by the Consolidated Omnibus Budget Reconciliation Act (COBRA), the employee may re-enroll in the City’s health coverage program.

It shall be the responsibility of the employee to notify the City’s Personnel Division of such a life changing event within 30 days of the event.

d. Any Changes in ACA regulations that affect cash -in-lieu benefits will require a reopener on the cash-in-lieu benefit.

Article 21. MILITARY LEAVE

21.1 Military leave shall be granted in accordance with the provisions of federal and state law. All employees entitled to military leave shall give the City Manager and/or his/her authorized agent an opportunity, within the limits of military regulations, to determine when such leave shall be taken.

66 AGENDA ITEM NO. 5.
18 21.2 Employees shall be paid their regular salary for the first 30 days of active duty within a fiscal year. Starting on the 31 st day of active duty, employees will receive the difference between their military base pay and their City of Clovis pay. Military orders and wage statements will be required.

Article 22. LEAVE OF ABSENCE WITHOUT PAY

22.1 The City Manager may grant a permanent or probationary employee a leave of absence without pay or seniority for a period not to exceed three (3) months, upon written request of the employee, setting forth the reason for the request, and the approval, if granted, will be in writing.

22.2 Upon expiration of the regularly approved leave or within a reasonable period of time after notice to return to duty, the employee may be reinstated in the posi tion held at the time le ave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after said expiration, may be cause for discharge, in the discretion of the City Manager.

22.3 The Fire Chief may grant a per manent or probationary employee a leave of absence without pay for not to exceed one (1) calendar week. Such leaves shall be reported to the City's Personnel Officer.

Article 23. EMPLOYEES’ SICK LEAVE

23.1 Shift employees will receive twelve (12) hours of sick/accident allowance leave for each full month of employment, up to a total of 144 hours per calendar year.

Employees assigned to a forty (40) hour work week will receive 8.57 hours of sick/accident allowance leave for each full month of employment, up to a total of 102.82 hours per calendar year. All unused sick leave hours shall continue to accrue.

23.2 Sickness or accident benefit payments, including Workers' Compensation payments, for any work week shall not exceed an employee's normal straight-time weekly earnings.

23.3 Sick leave benefits are payable only for an employee's regularly sched uled workdays on which he/she is off as a result of the employee's illness or accident.

23.4 The employee may be required to furnish a doctor's certificate or other satisfactory proof of illness or accident when absent one (1) or more full shifts. The City Manager or his/her authorized representative may terminate and/or withhold said benefits upon the employee's failure to furnish satisfactory and non-falsified proof of illness or accident.
67 AGENDA ITEM NO. 5.
19 23.5 Unused sick leave may be applied in situations of illness or accident of an employee's immediate family. The employee may be required to furnish a doctor's certificate or other satisfactory proof of illness or accident when requesting the use of personal sick leave for family members.

23.6 For the purpose of this Article, a "member of the employee's immediate family" shall include the husband, wife, registered domestic partner as defined by state law, mother/step, father/step, sister/step, brother/step, child/step, grandparent and legal dependents of the employee.

23.7 For purposes of sick leave retirement credit, sick leave balances will be calculated on the basis at which the hours were earned, i.e., 11.2 hours or 12.0 hours.

Article 24. SICK LEAVE INCENTIVE

24.1 To be eligible for any sick leave incentive pay, an employee must have accumulated a minimum of 480 unused sick leave hours at the time payment is made.

24.2 Thirty-three percent (33%) of annually earned and unused sick leave shall be paid to employees on the first paycheck after November 16. For purposes of computing sick leave incentive pay, sick leave is earned during the period of December 1 of one year through November 30 of the next year.

24.3 Employees may, at their option, receive the sick leave incentive payment in cash or have an equal number of hours added to their annual vacation. Employees may also elect to have an amount equivalent to their sick leave incentive deducted from their paychecks and deposited in their deferred compensation account.

24.4 Employees who do not wish to participate in the sick leave incentive program must notify the Finance Department between November 1 through November 15 of each year.

Article 25. SICK LEAVE CASH-OUT AT RETIREMENT

25.1 Employees who retire from the City on the regular PERS service retirement benefit may elect to receive a lump sum cash-out of up to 25% of their accrued sick leave balance as calculated at the time of retirement. This benefit is not applicable to employees who leave City service under any other conditions, including employees who retire under PERS disability retirements. Appropriate federal/state tax withholding will be made at the time of cash out. Employees wishing to participate in this benefit shall notify the Personnel Division of their intentions within 68 AGENDA ITEM NO. 5.
20 thirty (30) days of their retirement date by completing a Sic k Leave Cash Out Benefit form.

25.2 Unused sick leave hour s will be cashed out as noted above. All sick leave hours that remain after the cash out will be certified to PERS for the benefit known as “Credit For Unused Sick Leave” as allowed by PERS.

Article 26. BEREAVEMENT LEAVE

26.1 In the event of a death in the immediate family of an employee or a member of the employee's immediate household, employees shall be granted time off for bereavement purposes. Employees assigned to a 40 -hour shift will receive up to 40 hours, and employees assigned to a 56-hour shift will receive up to 72 hours of bereavement leave per calendar year. Employees who have exhausted their bereavement leave benefit will be allowed to use up to twenty-four (24) hours of accrued vacation, HTO or CTO leave per year to supplement this benefit. Under extenuating circumstances, employee may use other accrued time at the discretion of the Fire Chief.

26.2 For the purposes of this Section, the term “immediate family” shall includ e the husband, wife, father/step, mother/step, brother/step, sister/step, child/step, grandparent, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter- in-law, son-in-law, legal dependents, registered domestic partner as defined by state law, and grandchildren of the employee.

Article 27. JURY DUTY

27.1 Employees are encouraged to serve on jury duty. While so serving, they will still be paid by the City on the basis of a 56-hour week, at their normal rate of pay, for a maximum of six (6) weeks (i.e., 30 workdays) per calendar year, on condition that any compensation (in excess of mileage expenses) received from court be turned over to the City. Compensation for jury duty in excess of six (6) weeks per calendar year may be considered on a case by case basis.

Article 28. UNIFORMS

28.1 To increase professionalism in the Department, employee uniform allowances will be as follows:

28.2 The City shall provide each employee with a uniform allowance in the amount of one thousand five hundred dollars ($1,500.00) per fiscal year, payable per pay period. This allowance is to cover all department approved uniforms, station and 69 AGENDA ITEM NO. 5.
21 wildland boots, and any other voluntary purchase of equipment such as BDU wildland pants not issued as part of the department’s PPE inventory.

28.3 The City shall provide Association members, who voluntarily choose to participate, with an interest free, 24 month loan for the purpose of purchasing an approved Class A dress uniform as defined in the Department’s Unif orm Manual.

Repayment of the loan shall be accomplished through automatic payroll deduction each pay period. Proof of purchase (copies of receipts and/or invoices) shall be submitted to the City in order for Association members to qualify and participate in this program.

28.4 These allowances cover the cost of all uniform purchases. Employees are also required to maintain their uniforms consistent with professional cleaning standards.

28.5 The Department will meet and confer before making a substantial change in the uniforms. Such changes will be implemented at the beginning of the fiscal year, unless another date is selected by mutual agreement, at which time the employees will be paid the entire uniform allowance in a lump sum.

Article 29. JOB RELATED INJURY OR SICKNESS

29.1 For employees absent from work due to an on -the-job related injury or sick ness, the City agrees to provide (for a period of up to one (1) year) compensation equal to the difference between the employee's regular daily, weekly o r monthly base pay, and the amount granted by the Workers’ Compensation carrier, but in no case to exceed the employee’s regular daily, weekly or monthly regular salary including educational incentive pay. Under these circumstances the City reserves the r ight to require that the employee perform light duty assignments consistent with the employee's medical clearance.

Article 30. PROFESSIONAL DEVELOPMENT PROGRAM

30.1 The purpose of the Professional Development Program is to increase and maintain high levels of professionalism among employees in order to obtain a superior quality of service for the community. The program is intended to encourage and assist employees to prepare for and to cope with the changing role of a firefighter, today and in the future, by broadening educational background and experience.

30.2 Employees Hired On or After July 1, 2016: Employees who have completed their initial probationary period with the City shall be eligible to earn the professional development pay listed in Article 30.

70 AGENDA ITEM NO. 5.
22 Employees Hired Prior to July 1, 2016 : Employees who have already earned professional development pay prior to July 1, 2016, and employees who are working towards completing professional development pay requirements and will complete the req uirements by December 31, 2017, will receive professional development pay pursuant to the prior professional development pay criteria as specified in the 2014 – 2016 MOU.

Additional professional development pay may be earned as follows:

a. A 2.5% salary increase added to their base pay upon completion of an A.A. or A.S. degree from an accredited college or university. To be eligible for payment, employees must present proper documentation of coursework completion.

b. Upon completing the requirements set forth in 30.2, an additional 2.5% (5.0% total) salary increase will be added to their base pay upon completion of a B.A. or B.S. Degree from an accredited college or university. To be eligible for payment, employees must present proper documentation of coursework completion.

c. Monthly Professional De velopment Certification Incentives (i.e., certification incentives) for rank specific qualifications and certifications are available. The certification incentives are rank specific and will not compound as employees change rank. To qualify for a certification incentive, proof of completion of the requirements must be provided to the Fire Chief in writing confirming the following:

i. Firefighters will receive a certification incentive of $100.00 per month upon successful completion of CSFM Driver Operato r 1A and 1B certification course work; certification from California State Fire Training as a Fire Apparatus Driver/Operator Pump (2015) or Driver Operator 1 (prior to 2015); the successful completion of the Clovis Fire Department acting Engineer Task Book for Engine and Truck operations; and, completion of the probationary period.

ii. Engineers will receive a certification incentive of $125.00 per month upon successful completion of a CSFM Company Officer or Fire Officer Certification course work; certification from California State Fire Training as a Company Officer (2014) or Fire Officer (prior to 2014); and the successful completion of the City of Clovis acting Captain Task book. Firefighters who have completed the certifications in Article 30.2.(c.i) will also be eligible for this incentive upon meeting the requirements of Article 30.2.(c.ii) above.

iii. Captains will receive a certification incentive of $150.00 per month upon successful completion of the CSFM Chief Officer or Chief Fire Officer 71 AGENDA ITEM NO. 5.
23 certification course work; or certification from California State Fire Training as a Chief Fire Officer (2014) or Chief Officer (prior to 2014).

30.3 The City shall reimburse employees in the Unit for the cost of tuition, required fees (such as a health fee), required textbooks or e -books, for job -related courses leading to a college degree or State/National Fire Service certifications. To be eligible for reimbursement, the course must be related to job duties or related to a position to which an employee might reasonably aspire.

The maximum reimbursement rate will be calculated September 1 of each year as the total of eight (8) semesters full -time undergraduate tuition, including required fees, at California State University Fresno. A total of $2,000 for required textbooks or e-books will be added to the tuition fees noted above for a grand total maximum reimbursement. Expenses for courses which began prior to July 1, 2019 will not be included in the maximum lifetime allocation.

Reimbursement under this Section shall be made under the following conditions:

a. Employees must have completed their initial probationary period with the City.

b. By February 28 of each year, employees must submit a written request to participate in the Educational Incentive Program including an estimate of costs to be incurred during the following fiscal year.

c. Course work must be for an accredited college or university degree program, and have the prior approval of the Fire Chief. Accreditation shall be through the U.S. Department of Education unless otherwise approved by the Fire Chief.

d. An employee will be eligible for reimbursement of approved expenses for either an Associate’s, Bachelor’s, or Master’s degree. Fees for any combination of these degrees may be reimbursed as long as they do not exceed the employee’s maximum allocation for the Educational Incentive Program.

e. Course work must be work -related and determined by the Fire Chief to be of benefit to the City. Required course work as part of an approved undergraduate or Master’s degree program is eligible for reimbursement.

f. Reimbursement of approved course work and related expenses shall be contingent upon the attainment of a letter grade of “C” or better , or “Pass” in a course with Pass/Fail grading . Reimbursement shall be m ade after the employee submits expense receipts and proof of letter grade.

g. Fees not required for enrollment such as parking, graduation related expenses, or travel will not be reimbursed.

72 AGENDA ITEM NO. 5.
24 h. All courses for which reimbursement is sought shall be taken while off duty and not in paid status, except for on -line courses which may be taken on duty as long as it does not interfere with Department operations.

i. State/National Fire Science certification shall include the following certifications: Chief Fire Officer, Company Officer, Executive Fire Officer, Prevention Education, Driver -Operator certifications, or other certifications approved by the Fire Chief.

Article 31. HEALTH MAINTENANCE AND PHYSICAL FITNESS

31.1 a. The City and the Association agree to develop programs to promote “employee wellness," and ensure employee health, during the course of employment with the City of Clovis.

b. It is the intent of the City to provide all shift personnel with sufficient time to exercise on duty in order to meet hea lth and physical fitness maintenance testing criteria. A one hour period will be available each day for physical fitness training.

c. The City shall provide fitness equipment designed to assist employees to meet fitness test criteria. The types of equipment provided by the City shall be determined by the Fire Chief, based on the recommendations of the Joint Committee on Health Standards.

31.2 Employee Health Program

a. Employee health information shall, be kept confidential. Data will be used, however, to compile a survey on the types of programs that are needed in order to improve employees' overall health, and the programs most desired by employees.

b. The City and the Association shall work cooperatively, through a Joint Committee, to develop an ongoing program for "employee health" and health maintenance.

31.3. The health testing will cover the following areas:

1. Physical Exam

2. Hearing exam

3. Biometric Testing (height, weight, BP, and BMI)

4. Lab testing (PSA, CBC, Lipid, UA, AND CA125)

5. TB Testing

6. Treadmill EKG Testing

7. Immunizations (Hepatitis, MMR, Influenza and TDaP)
73 AGENDA ITEM NO. 5.
25 31.4 An ongoing Joint Committee on Health Standards (the "Committee") shall be established to: study methods of testing and the frequency of such testing (not less than annually).

31.5 The Joint Committee will be comprised of an equal number of employee and City representatives.

31.6 Smoking and Tobacco Product Use Policy

a. Ban on Workplace Smoking and Tobacco Product Use

The City thinks it is important for the health and fitness of all employees to maintain a tobacco free environment. Accordingly, the City hereby declares a hiring policy which disqualifies smokers and users of to bacco products from eligibility for employment. Employees hired after October 1, 1989 will not be permitted to smoke any tobacco products. Employees hired after July 1, 2004 will not be permitted to smoke or use any tobacco products. Failure to observe this policy may lead to disciplinary action, up to and including dismissal.

b. Employees hired prior to July 1, 2004 will be permitted to use smokeless tobacco products in a manner that is not offensive to other employees or the public and which does not inter fere with the proper operations of the City or violate any restrictions established by State law. The Association shall be responsible to monitor and police its own unit members to insure appropriate conduct in this respect.

31.7 Health Maintenance

All employees will be given one (1) opportunity to participate in annual Health testing. The City will schedule three (3) Health test dates once per fiscal year, i.e., one test on each shift . Employees may attend any of the three scheduled shift dates to complete the volunteer health testing.

Health testing is voluntary; employees will not be compensated for time spent taking the test unless they are already on paid work status.

Annually, after testing has been completed, the Joint Health Committee shall meet to review the test results to determine if the revised health testing protocol is effective in identifying underlying medical problems and staying within budget limits for the program.

Effective the first day of the first pay period following the association ratification and City Council approval of this MOU, as part of replacing the physical fitness testing with a health test the City will raise the first step of all ranks by $ 41.67 per month.
74 AGENDA ITEM NO. 5.
26 Article 32. EMERGENCY MEDICAL SERVICES

32.1 The City and the Association agree that the level of service that Clovis Firefighters should be providing is EMT. All non -probationary employees must be certified at this level.

32.2 Implementation of any Paramedic or advanced EMT program. The terms outlined in the Side Letter Agreement dated December 11, 2017 have been agreed upon covering impact to bid, pay scale for firefighter/paramedics, training and other items related to if or when the City chooses to implement Advance Life Support or paramedic services. (The Side Letter Agreement is attached hereto Exhibit A.) Any impacts not covered by the existing side letter agreement will follow the City meet and confer process on the impact to unit members' duties and workload.

Article 33. GRIEVANCE PROCEDURE

33.1 The City and the Association agree that all parties shall utilize the existing appeals mechanism provided for within the City of Clovis' Personnel Rules and Regulations for all cases regarding discharge or suspension, unless and until this Resolution is appropriately modified at the initiation of the City.

33.2 Purpose

a. The purpose of the grievance procedures is to promote improved employer - employee relations by establishing grievance procedures and to afford employees individually or through qualified employee organizations, collectively hereinafter referred to throughout this rule as “employee”, a systematic means of obtaining further considerations of problems after every reasonable effort has failed to resolve them through discussions. b. Additionally, the procedure provides a mechanism that allows grievances to be settled as near as possible to the point of origin and to provide that appeals shall be conducted as informally as possible.

33.3 Definition of Terms

a. Grievance: A good faith complaint of one or a group of employees involving the interpretation, application, or enforcement of the expressed terms of this Memorandum of Understanding and working conditions of employment. b. Days: The term “days” shall, except when otherwise indicated, mean calendar days when the City offices are open.

75 AGENDA ITEM NO. 5.
27 33.4 Matters Subject to Grievance Procedures

a. Any employee in the competitive service shall have the right to grieve, under this rule, a deci sion affecting their employment over which the Appointing Authority has partial or complete jurisdiction and for which appeal is not provided by other regulations or is not prohibited. The grievance procedures in this chapter do not apply to disciplinary a ctions, the determination of the contents of a job classification or a decision to reclassify a position, the determination of procedures and standards of selection for employment and promotion, the evaluation process, the contents of an evaluation, items which require capital expenditures, items subject to the meet -and-confer process as defined in the California Government Code, and all City rights reserved in the City's employer-employee relations resolution.

33.5 Informal Grievance Procedures

a. An employee who has a problem or complaint shall first try to get it settled through discussion with his/her immediate supervisor within fifteen (15) days of the event being grieved, or within fifteen (15) days after the employee becomes aware of the event being griev ed. Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. If the employee is not in agreement with the decision reached by discussion, he/she shall then have the right to file a formal ap peal in writing within ten (10) calendar days after receiving the informal decision of his/her immediate superior.

33.6 Formal Grievance Procedure

a. An employee (the grievant) shall present his/her grievance in writing to the department head. The department head, assistant city manager, or personnel officer shall respond in writing. The written claim should state his/her position clearly, background, and reasons must be included. The following items must be included.

1. A statement of the steps initiated to resolve the issue by informal means.

2. A description of the general complaint and specific grounds for the grievance.

3. A list of the specific actions and events alleged to be in violation.

4. A statement of the reasons why the specific actions identified above are in violation of this Article.

5. A listing of the specific action the employee or bargaining group believes would be the best remedy for his/her grievance

b. First Level of Review - Department Head : The grievant shall present the department head a written gr ievance as stated in a) above. The department head shall render his/her decision and comments in writing to the employee within fifteen (15) calendar days after receiving the formal grievance. The 76 AGENDA ITEM NO. 5.
28 department head shall confer with the grievant, the supervisor, and such other persons as may be necessary to gather all the facts and to find a solution. If the employee does not agree with the department head’s decision, the employee may present the appeal in writing to the assistant city manager.

Failure of the employee to take further action within ten (10) calendar days after receipt of the written decision from the department head, will constitute a dropping of the appeal.

c. Second Level of Review - Assistant City Manager: After receiving the appeal, the assistant city manager should discuss the grievance with the employee, his representative, if any, the department head, and with other appro priate persons. The assistant city manager shall render his/her decision and comments in writing and return them to the employee within fifteen (15) calendar days after receiving the appeal. If the employee does not agree with the decision reached, or if no answer had been receiving within fifteen (15) calendar days, he/she may present the appeal in writing to the appo inting power. Failure of the employee to take further action within ten (10) calendar days after receipt of the decision, or within a total of twenty -five (25) calendar days if no decision is rendered, will constitute a dropping of the appeal.

d. Third Level of Review - City Manager/Personnel Officer/Appointing Authority:

After receiving the appeal, the city manager should discuss the grievance with the employee, his representative, if any, and with other appro priate persons.

The city manager may design ate a fact-finding committee or an officer not in the normal line of supervision to advise him/her concerning the appeal. The city manager shall render a decision in writing to the employee within twenty (20) calendar days after receiving the appeal.

33.7 Conduct of Grievance Procedure
a. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned.
b. The employee may request the assistance of another person of his own choosing in preparing and presenting his appeal at any level of review.

Article 34. LOSS/DAMAGE OF PROPERTY

34.1 When in the course and scope of employment, without fault of the unit member, a unit member’s prescription eyeglasses, contact lenses or watch is/are broken, damaged or destroyed, the City shall, subject to proof and the terms below, reimburse the unit member for the cost of said damage up to two hundred dollars ($200.00) per incident.

a. The City shall have reimbursement rights under any claim made to any insurance carriers, to the extent of the City’s payment. The unit member shall 77 AGENDA ITEM NO. 5.
29 cooperate with the City in obtaining payment/reimbursement from any insurance company. The unit member shall provide the City with copies of claim forms tendered to insurance companies.

b. All claims for reimbursement shall be filed with the City within five (5) working days after the incident or loss.

c. Nothing in this article shall require the City to replace an item which can be repaired to be in at least as good a condition as it was prior to the loss/damage.

Article 35. LAYOFF

35.1 The provisions of this article shall apply when the City institutes layoff of bargaining unit employees pursuant to Section 2 of the City Personnel Resolution.

35.2 Order of Layoff

a. The City agrees that, in the event a layoff is instituted pursuant to Section 35.1., the reduction in force shall be accomplished in the following order:

1. Temporary employees

2. Contractual employees

3. Permanent Part-time employees

4. New probationary employees

5. Permanent employees

b. The City Manager and the Fire Chief shall determine in which bargaining unit classifications the layoffs shall occur based on the needs of the City.

35.3 Demotion to Vacancies

a. Whenever a layoff is instituted pursuant to Section 35.1, and at the time of the layoff, there are vacant positions within the bargaining unit, the employee(s) affected by the layoff may demote to a vacant position for which the employee is qualified. If two employees seek to demote to the same position, the more senior employee shall assume the position. Seniority shall be defined as the employee with the longest uninterrupted period of service with the City of Clovis Fire Department.

35.4 Bumping/Seniority Rights

a. Where a layoff is instituted in accordance with Section 35.1, and no bargaining unit positions are vacant at the time of the layoff, employees in the classification subject to layoff shall be laid off as follows: Employees with the least 78 AGENDA ITEM NO. 5.
30 uninterrupted period of continuous City service within the classification shall be laid off first. If two employees have the same amount of uninterrupted service the layoff will be determined by seniority in the classification being reduced.

b. For employees who are initiall y hired with the City of Clovis with multiple employees within the same job classification and the same date of hire, department seniority will be based on the employee’s score on the established eligibility list for the position classifications. For promo tional opportunities where employees were selected from the same eligibility list and promoted on the same date, their seniority will be based on the employee’s final score on the established eligibility list (highest score receiving the highest seniority) . In case of tie score on the eligibility list, the employee’s date of hire with the department will determine the seniority within the promoted rank (aka “Time in Grade”). Any confidentiality of employee placement on an eligibility list will be waived for the verification of seniority.

c. Employees laid off pursuant to this paragraph shall have the right to bump less senior employees in any unit position for which the laid -off employee is qualified.

d. The Department Head has the ability to select from an established eligibility list using the Rule of the List method, which is the Department Head can select any person on the eligibility list.

35.5 Reemployment List

a. Employees who are laid off as a result of City action shall have their names placed on a reemployment list. Vacant positions in the bargaining unit shall be offered to qualified employees on the reemployment list by order of seniority, with the most senior-qualified employee recalled first.

b. Names shall be maintained on the reemploymen t list for a period of two (2) years. Persons who decline a reemployment offer to any permanent position for which they are qualified shall be stricken from the reemployment list.

35.6 Reemployment

a. A laid -off employee who is recalled to a position in which she/he had permanency shall not be required to serve a new probationary period. For purposes of reemployment, an employee shall be required to meet the minimum standards required of the employee at the time of layoff. Upon reemployment, a laid-off employee shall be restored sick leave and holiday time off, pro rata, which has not been paid to or on behalf of the employee at the time of layoff.

79 AGENDA ITEM NO. 5.
31 b. Upon recall, the City will allow the recalled employee a reasonable period of time in which to reinsta te certifications that may have lapsed during the employee’s layoff.

35.7 Non-Discrimination

The City agrees that layoffs shall be accomplished without regard to an otherwise- qualified employee’s race, color, national origin, religion, sex, age, or p hysical disability and any other protected class as defined by law ; and, pursuant to all applicable federal and California state laws.

Article 36. STATION AND YARD MAINTENANCE

36.1 Yard maintenance shall be limited to fire stations staffed with Fire Dep artment personnel. Station house maintenance shall not include installation of infrastructure, painting (except for touch -up painting consisting of less than one interior wall), new building construction, electrical, cement/masonry, or roof repair.

Article 37. ASSOCIATION RELEASE TIME BANK

37.1 Effective July 1st of each fiscal year, each employee shall donate six (6) hours from one of the following:
a. Accrued Vacation Time
b. Accrued Compensatory Time
c. Accrued Holiday Time

Should an employee fail to designate a specific source, such donation shall be made from the employee’s Holiday Time by default.

37.2 The hours donated to the Time Bank may be utilized by the Clovis Firefighters Association’s elected officers for any Association matter. Release Tim e Bank hours may be used by any other Association member for any Association matter with the prior approval of the Fire Chief and Association President. The City Finance Department will maintain records of all hours donated annually to the Release Time Bank. Upon request, the City Finance Department will provide the Association with quarterly information regarding the available balance in the Release Time Bank and hours utilized.

37.3 The Association President shall authorize the use of the Release Time Bank hours for the elected officers of the Association or other Association members so authorized by the Association President. Hours utilized under this section shall be in minimum amounts of three (3) hour increments, and hour-for-hour after the three (3) hour minimum. The Association President shall provide the Fire Chief or his/her designee with a minimum of twenty-four (24) hours’ notice prior to requesting the use of Release Time Bank hours The use of Release Time Bank hours that impacts 80 AGENDA ITEM NO. 5.
32 departmental operations/budget shall be subject to the approval of the Fire Chief or his/her designee.

37.4 The Association agrees to indemnify and hold harmless the City of Clovis, its officers, agents and employees from any claims or liability arising from the us e of the Release Time Bank, including any legal or other actions taken to protest the application of this provision. It is agreed that Association personnel utilizing Release Time Bank hours shall be representing the Association and not the City of Clovis during the time that Release Time Bank hours are being utilized. It is further understood that the use of the Release Time Bank hours shall not constitute “time worked” for the purpose of computing overtime or any other payroll or employee benefit, including workers’ compensation benefits.

Article 38. SOLE AGREEMENT

38.1 To the extent that any other agreement should be in conflict with the policies set forth in this MOU, these policies shall prevail.

38.2 If during its term, the parties hereto shou ld mutually agree to modify, amend or alter the provisions of the MOU in any respect, any such change shall be effective only if and when reduced to writing and executed by the authorized representatives of the City and the Association. Any such changes v alidly made shall become a part of this MOU and subject to its terms.

38.3 The waiver of any breach or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all terms and conditions herein.

38.4 In the event that any of the policies contained in this MOU should be declared by a court of competent jurisdiction to be unenforceable or illegal, that policy or set of policies shall be declared void. However, this action shall in no way invalidate the remaining policies contained in this MOU.

38.5 Written benefits or policies currently in effect which are within the scope of representation and are not expressly covered by this MOU are not intended to be eliminated, diminished or affected in any way.

Article 39. TERM

39.1 This MOU shall remain in effect for a period commencing July 1, 2022 and ending on June 30, 2025.

39.2 The Association membership has ratified the contents of this MOU, by their affirmative vote on or about, June 26, 2022.

81 AGENDA ITEM NO. 5.
33 39.3 The City Council voted to approve the contents of this MOU on July 5, 2022.

For the CITY: For the ASSOCIATION:

______________________________________________________________________ John Holt, City Manager Trenton McGill, CFFA President

______________________________________________________________________ Shonna Halterman, City Negotiator Jack Jones, CFFA Negotiator

______________________________________________________________________ Jason Ralls, City Negotiator Chris Bridger, CFFA Negotiator

______________________________________________________________________ Chris Ekk, City Negotiator Rob Wright, CFFA Negotiator

_____________________________________________________________________ Lori Shively, City Negotiator Tom Sharpe, Attorney for CFFA

________________________________
Mary Lerner, Attorney for City

ATTEST: _________________________ ____________________
Karey Cha, City Clerk Date

82 AGENDA ITEM NO. 5.
34 Side Letter Agreement to the 2022-2025 Memorandum of Understanding Between the City of Clovis and CFFA

Lateral Firefighters

During the term of the 2022 -2025 MOU between the City of Clovis and CFFA, lateral firefighter candidates who have a minimum of five (5) or more years as a full -time sworn firefighter will receive the following upon hire:

Credit for time served at former agency(ies) toward Years of Service accrual for vacation time. Credited time is calculated per complete month at former employer.

Per the CFFA MOU, vacation increases as per the following:

Years of Service 40 Hour Week Employees 56 Hour Week Employees

Year 1 Thru End 5 hours posted on each pay 7 hours posted on each pay Of Year 7 period to a maximum of 280 period to a maximum of 392

Year 8 Thru End 6 hours posted on each pay 8.4 hours posted on each pay Of Year 14 period to a maximum of 328 period to a maximum of 459.2

Year 15 Thru End 6.7 hours posted on each pay 9.333 hours posted on each pay Of Year 19 period to a maximum of 360 period to a maximum of 504

20+ years 8 hours posted on each pay 11.2 hours posted on each pay period to a maximum of 360 period to a maximum of 504

For the CITY: For the ASSOCIATION:

___________________________ _____________________________ John Holt, City Manager Trenton McGill, CFFA President

Date: _______________ Date: __________________

ATTEST: ________________________
Karey Cha, City Clerk

DATE: __________________________

83 AGENDA ITEM NO. 5.
35 Side Letter Agreement between the City of Clovis
and Clovis Firefighters Association (CFFA)

COVID Premium Pay

A. For the time period from March 16, 2020 through March 15, 2021, Employees will receive $1.00 per actual regular hour worked, based on 2,912 annual hours, not including overtime. Regular hours is defined as hours calculated on the employee’s timesheet in payroll codes: 3001, 3003, 3005, or 3159.

B. For the time period from March 16, 2021 through March 14, 2022, Employees will receive $1.00 per actual regular hour worked, based on 2,912 annual hours, not including overtime. Regular hours is defined as hours calculated on the employee’s timesheet in payroll codes: 3001, 3003, 3005, or 3159.

The COVID Premium Pay, as described A and B above, will be paid to only current employees, and payment will be made in one lump sum within 30 days following bargaining unit ratification and City Council approval of a new three-year MOU with a term of July 1, 2022 through June 30, 2025. “Current employee” is defined as an active employee of the City of Clovis on the day this side letter is approved by City Council.

Employees may voluntarily choose to divert some or all of the COVID Premium Pay funds into their Deferred Compensation 457 plan with the following requirements:
 The employee’s 457 plan contributions must be below the annual cap (including both City and employee contributions).
 No later than one full pay period prior to the COVID Premium Pay cash out, the employee must complete a form in Personnel changing the amount of deferred comp contribution.
 No later than the date of the COVID Premium Pay cash out, the employee must complete another form in Personnel returning their deductions to their prior level for following pay periods.

Any funds paid directly to employees will be subject to standard payroll deductions.

For the City of Clovis: For CFFA:

_______________________________ _____________________________ Shonna Halterman, Lead City Negotiator Trenton McGill, CFFA President

_______________________________ _____________________________ Chris Ekk, City Negotiator Rob Wright, CFFA Negotiator 84 AGENDA ITEM NO. 5.
36 _______________________________ _____________________________ Jason Ralls, City Negotiator Chris Bridger, CFFA Negotiator

_______________________________ _____________________________ Lori Shively, City Negotiator Jack Jones, CFFA Negotiator

_______________________________ _____________________________ Mary Lerner, Attorney for the City of Clovis Tom Sharpe, Attorney for CFFA

Attest: _____________________ Date:______________
Karey Cha, City Clerk

85 AGENDA ITEM NO. 5.

ATTACHMENTS: 1. Res. 22-___, and MOU

CONFLICT OF INTEREST
None.

RECOMMENDATION
For the City Council to approve a r esolution authorizing a successor Memorandum of Understanding (MOU) between the City of Clovis and the Clovis Public Safety Employees Association (CPSEA) bargaining unit, for the term of July 1, 2022, through June 30, 2025.

EXECUTIVE SUMMARY
City negotiators have recently concluded the meet and confer process with representatives of the CPSEA bargaining unit for a successor MOU. Council authorization is required to implement the proposed amendments to the CPSEA MOU.

BACKGROUND
The 2019 -2022 MOU between th e City and CPSEA expires June 30, 2022. The City’s negotiating team and CPSEA representatives have recently concluded negotiations for a successor MOU. A summary of the changes in the proposed MOU is below.

 Salary increases as follows:
o FY 2022-23: 5.0% wage increase
o FY 2023-24: 3.0% wage increase
o FY 2024-25: 3.0% wage increase.
 In addition to the wage increase above, the following positions will receive equity increases as follows:
o Property and Evidence Technician: 3.78%
o Public Safety Dispatcher & Police Services Officer: 2.33% o Fire Inspector I: 3.74%
86 AGENDA ITEM NO. 6.
o Senior Property & Evidence Technician: 3.78%
 Animal Control Officer to increase from $ 4,407-$5,356 to $ 4,943-$6,009 plus the 5% wage increase in year 1 above.
 Flex positions Fire Inspector I to II
 Increase firearm pay from $100 to $200 per month.
 Added Fire Life Safety Specialist, Fire Inspectors I and II to boot and uniform allowance.  Shift differential of 3% for graveyard shift.
 Premium pay of 7.5% for Community Service Officers, Police Service Officers, Pu blic Safety Dispatchers, and Animal Control Officers who serve as trainers for two consecutive hours or more.
 Clarified court appearance compensation and requirements.  Revised overtime to be over 40 hours in a work week instead of per working day.  Side letter for COVID Premium Pay up to $4,000 per employees who worked during the City emergency order.

The CPSEA membership ratified the terms of the proposed MOU on or about June 28, 2022.

FISCAL IMPACT
The proposed amendments to the CPSEA MOU will result in approximate increased costs for salary, incentives, and COVID premium pay of approximately $835,800 over the next three (3) years, which will be budgeted during the term of the agreement.

REASON FOR RECOMMENDATION
The proposed 2022-2025 MOU between the City and CPSEA maintains reasonable wages and working conditions related to the labor market for employees in the CPSEA bargaining unit. Prior to its implementation, the proposed MOU must be approved by City Council resolution. The proposed amendments are within the financial parameters authorized by City Council and will preserve the City’s ability to attract and retain qualified personnel.

ACTIONS FOLLOWING APPROVAL
City staff and CPSEA representatives will sign the proposed 2022-2025 MOU and any side letter agreements. Staff will implement the modifications within the new MOU.

Prepared by: Shonna Halterman, General Services Director

Reviewed by: City Manager _AH__

87 AGENDA ITEM NO. 6.

RESOLUTION 22-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS ADOPTING A

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CLOVIS AND THE

CLOVIS PUBLIC SAFETY EMPLOYEES ASSOCIATION (CPSEA)

WHEREAS, a Memorandum of Understanding exists between the City of Clovis and the Clovis Public Safety Employees Association (the Parties); and

WHEREAS, the Memorandum of Understanding expires on June 30, 2022; and

WHEREAS, an agreement has been reached between the Parties for a successor Memorandum of Understanding; and

WHEREAS, the proposed CPSEA Memorandum of Understanding 2022-2025 and side letters are attached as Attachment A.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Clovis hereby adopts the Memorandum of Understanding between the City of Clovis and the Clovis Public Safety Employees Association bargaining unit for the term of July 1, 2022, through June 30, 2025.

* * * * * *

The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on July 5, 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: July 5, 2022

___________________________ __________________________ Mayor City Clerk

Attachment 1 88
AGENDA ITEM NO. 6.

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF CLOVIS AND

THE CLOVIS PUBLIC SAFETY EMPLOYEES

ASSOCIATION

July 1, 2022 through June 30, 2025

ATTACHMENT A

89 AGENDA ITEM NO. 6.

TABLE OF CONTENTS

Section Title Page

Introduction ............................................................................................ 1

1. Unit Description ..................................................................................... 1

2. Purpose ................................................................................................. 2

3. City Rights ............................................................................................. 2

4. Employee Rights.................................................................................... 2

5. Dues Deduction ..................................................................................... 2