3 - Labor Negotiations — Colma City Council, June 11, 2025

Staff Report - MOU Updating Subchapter 3.02 Page 1 of 4

STAFF REPORT

TO: Mayor and Members of the City Council
FROM: Daniel Barros, City Manager
MEETING DATE: June 11, 2025
SUBJECT: Adopt Resolutions Approving Memorandums of Understanding, Amending the Colma Administrative Code Subchapter 3.02 Relating to Compensatory Time Off and Retention Pay, and Ordinance Amending the Municipal Code relating to Town Holidays

RECOMMENDATION
Staff recommends that the City Council:

1. Adopt the following resolutions:

RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN

OF COLMA AND THE COLMA PEACE OFFICERS ASSOCIATION FOR THE PERIOD OF JULY 1, 2025 THROUGH JUNE 30, 2027 PURSUANT TO CEQA GUIDELINE 15378

RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN

OF COLMA AND THE COLMA POLICE COMMUNICATION/RECORDS ASSOCIATION FOR THE PERIOD OF JULY 1, 2025 THROUGH JUNE 30, 2027 PURSUANT TO CEQA GUIDELINE 15378
RESOLUTION AMENDING COLMA ADMINISTRATIVE CODE SECTIONS 3.02.290 AND

3.02.305 REGARDING COMPENSATORY TIME OFF AND RETENTION PAY PURSUANT TO CEQA GUIDELINE 15378

2. Introduce the following ordinance

ORDINANCE AMENDING SECTION 1.01.050 OF THE COLMA MUNICIPAL CODE RELATING TO TOWN HOLIDAYS PURSUANT TO CEQA GUIDELINE 15378 AND WAIVE

FURTHER READING

Staff Report - MOU Updating Subchapter 3.02 Page 2 of 4

COUNCIL ADOPTED VALUES

The Staff recommendation is consistent with the Council adopted values of:
• Responsibility: Making decisions after prudent consideration of their financial impact, taking into account the long-term financial needs of the agency. • Fairness: Treat all persons, claims and transactions in a fair and equitable manner.

BACKGROUND
The Town’s MOUs with the Peace Officers Association (POA) and the Dispatch/Records Association (DRA) will expire on June 30, 2026. Per Article 8 – Duration and Renewal of the MOU’s, parties agreed to commence negotiations on March 1, 2025, to discuss the following items: Retention Pay, Bilingual Assessment, Shift Differential, Crisis Intervention Training Pay, Motorcycle Officer, and Compensatory Time Maximum. Upon direction from the City Council, the City Manager and the Town’s labor negotiator were directed to begin labor negotiations.

Due to both sides working diligently together, updated labor agreement terms have been reached between both sides.

In addition to the negotiations held for the POA and DRA, changes to the Colma Administrative Code were negotiated with specific unrepresented employees as it relates to Compensatory Time Off and Retention Pay.

The results of those negotiations are now being formally presented to Council for final approval.

ANALYSIS
Living and working in the Bay Area has become increasingly challenging over the past several years, and recruiting and retaining employees has been difficult with inflation continuing to rise in San Francisco/Bay Area. Because of this, the City Council directed staff to begin labor negotiations prior to the expiration of the existing contract. The City Council wanted to address concerns over existing employees’ ability to make a living wage for their family and in an effort to retain employees for their commitment to the Town.

Through the course of negotiations, the City Council came to the following agreements with the employee associations:

Peace Officer Association (POA):

Effective as of July 1, 2025 through June 30, 2027, the following changes will go into effect

1. The Town’s Retention Pay will change to 2.5% for every 5 years of continuous service.

The maximum retention pay will be 10% for 20 years of continuous service with the Town of Colma. Retention Pay shall be calculated on base pay (not including incentive pay or any other differential pay).

2. Change City Holidays by deleting Columbus Day in exchange for New Year’s Eve.

3. Increase the maximum balance for Compensatory Time Off bank from eighty hours to one hundred twenty hours.

Staff Report - MOU Updating Subchapter 3.02 Page 3 of 4 The parties agree to commence negotiations for a new MoU on or about March 1, 2026. The items to be discussed are the following:
• Cost of Living Adjustment
Dispatch/Records Association (DRA):

The DRA will receive the same negotiated benefits as indicated above for the POA with nothing additional and/or separate.

Unrepresented Employees:

The unrepresented employees are not members of any employee association. The Town has had an informal policy for some time that the unrepresented employees should be treated similarly to the POA and Dispatch Association. As a result, the City Council authorized the City Manager to provide the same increases/changes to the unrepresented employees.

Colma Administrative Code (CAC):

The following changes to Chapter 3 of the CAC as it relates to Compensatory Time Off and Retention Pay will apply to unrepresented employees Effective July 1, 2025.

1. 3.02.290 Compensatory Time Off:
(a) The City Manager may allow an employee to take compensatory time off instead of receiving overtime pay for overtime work, as provided herein. (b) Compensatory time off is earned at the same rate as overtime pay. (c) Compensatory time off may be accumulated to a maximum of 48 88 hours to be used by the employee at a later time upon approval of the City Manager except as otherwise defined in any applicable Memorandum of Understanding.
(d) At any time, an employee may request that all or any part of his or her bank of compensatory time off hours be converted to the equivalent in pay.

2. 3.02.305 Retention Pay:

Effective in the first pay period after April 10, 2019 July 1, 2025, employees will be eligible for retention pay as follows:
(a) F ull- time employees will be eligible for retention pay in the amount of 2.5% for continuous ten (10) years of Town of Colma service, and an additional 2.5% for twenty (20) years of continuous Town of Colma service, to a combined maximum of 5% retention pay. The percentage of retention pay shall be calculated on the employee’s base pay (not including incentive pay or any other differential pay). After the effective date above, employees are eligible for retention pay beginning in the first pay period following their anniversary date in which the employee meets the 10 year or 20 year of continuous Town service. For purposes of this section, “continuous” service shall include vacation, sick leave, other paid time off, as well as Town-approved leaves of absence and other leaves required by law.

Staff Report - MOU Updating Subchapter 3.02 Page 4 of 4 (a) Full-time employees will be eligible for retention pay in the amount of 2.5% for continuous 5 years of Town of Colma service, an additional 2.5% for a continuous 10 years of Town of Colma service, an additional 2.5% for continuous 15 years of Town of Colma service and an additional

2.5% for 20 years of continuous Town of Colma service, to a combined maximum of 10% retention pay. The percentage of retention pay shall be calculated on the Members base pay (not including incentive pay or any other differential pay). After the effective date above, Members are eligible for retention pay beginning in the first pay period following their anniversary date in which the employee meets its 5 year, 10 year, 15 year or 20 year of continuous Town service.

For purposes of this section, “continuous” service shall include Town-approved leaves of absence and other leaves required by law.

FISCAL IMPACT
The approval of the attached resolutions will increase Town salaries and benefits by a cost of approximately $297,941 over the life of the MOUs. This amount has been calculated into the Town’s long-term financial forecast and can be accommodated. As for the administrative changes to Chapters 3, it will increase the General Fund Reserve Budget for Accrued Leave Payouts by approximately 3% $20,173 per year.

ALTERNATIVES
The City Council could choose to not adopt the resolutions approving the MOUs and updates to the CAC, or could chose to direct Staff to renegotiate any items within the MOUs. Doing so is not recommended, however, as that action could be construed as bad-faith bargaining and could create the potential for an unfair labor practices charge.

CONCLUSION
Staff recommends that the City Council adopt the resolutions and introduce the ordinance...

ATTACHMENTS
A. Resolution Approving Memorandum of Understanding Between the Town of Colma and the Colma Police Officers Association for the Period of July 1, 2025 to June 30, 2027 B. Memorandum of Understanding Between the Town of Colma and the Colma Police Officers Association for the Period of July 1, 2025 to June 30, 2027 C. Resolution Approving Memorandum of Understanding Between the Town of Colma and the Colma Police Communications/Records Association for the period of July 1, 2025 to June 30, 2027
D. Memorandum of Understanding Between the Town of Colma and the Colma Police Communications/Records Association for the period of July 1, 2025 to June 30, 2027 E. Resolution Amending Colma Administrative Code Subchapter 3.02.290 and 3.02.305 Regarding Compensatory Time Off and Retention Pay
F. Ordinance Amending Section 1.01.050 of the Colma Municipal Code Relating to Town Holidays
Res 2025-__, Approving POA MOU 2025-2027 Page 1 of 2
RESOLUTION 2025-__

OF THE CITY COUNCIL OF THE TOWN OF COLMA

RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING

BETWEEN THE TOWN OF COLMA AND THE COLMA PEACE OFFICERS ASSOCIATION FOR THE PERIOD OF JULY 1, 2025 THROUGH JUNE 30, 2027 PURSUANT TO CEQA GUIDELINE 15378
T
he City Council of the Town of Colma does hereby resolve as follows:
1 . Background.
(
a) The Town’s MOU with the Peace Officers Association will expire on June 30, 202 6. Per Article 8 – Duration and Renewal of the MOU, parties agreed to commence negotiations on March 1, 2025, to discuss the following items: Retention Pay, Bilingual Assessment, Shift Differential, Crisis Intervention Training Pay, Motorcycle Pay, and Compensatory Time Maximum.
(b) Upon direction from the City Council, the City Manager and the Town’s labor negotiator began labor negotiations. Due to both sides working diligently together, updated labor agreement terms have been reached between both sides.
(
c) Staff is now presenting the formal MOU detailing the conclusion of the labor negotiation terms for City Council consideration and approval.
2 . Order.
(
a) The City Council hereby approves the Memorandum of Understanding between the Town of Colma and the Colma Peace Officers Association for the time period of July 1, 202 5 through June 30, 202 7, which is attached hereto as Exhibit A. This MOU shall supersede the prior MOU upon its execution. (b) The Mayor shall be, and hereby is, authorized to execute the Memorandum of Understanding, subject to any changes in form or technical language approved by the City Manager and City Attorney.
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ATTACHMENT A
Res 2025-__, Approving POA MOU 2025-2027 Page 2 of 2
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Certification of Adoption

I certify that the foregoing Resolution No. 202 5-__ was duly adopted at a regular meeting of said City Council held June 11, 2025 by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Ken Gonzalez, Mayor

Carrie Slaughter, Vice Mayor

Helen Fisicaro, Councilmember

Joanne F. del Rosario,
Councilmember

Thomas Walsh,
Councilmember

Voting Tally

Dated ______________________ ___________________________________ Ken Gonzalez, Mayor

Attest: ____________________________
Michelle Estabillo, City Clerk

DocuSign Envelope ID: 50B39089-C29E-463C-AF55-A616294B701D

MEMORANDUM OF UNDERSTANDING
BE
TWEEN
T

HE TOWN OF COLMA
AND

THE COLMA PEACE OFFICERS ASSOCIATION
Jul
y 1, 2025 to June 30, 2027

ATTACHMENT B
DocuSign Envelope ID: 50B39089-C29E-463C-AF55-A616294B701D

TABLE OF CONTENTS
ARTICLE 1 - PURPOSE AND INTENT .................................................................................. 3 ARTICLE 2 - REPRESENTATION................................................................................................... 3 ARTICLE 3 - RIGHTS RESERVED ................................................................................................. 3 ARTICLE 4 - MANAGEMENT OBLIGATIONS ................................................................................. 4 ARTICLE 5 - SEVERABILITY ......................................................................................................... 4 ARTICLE 6 - WAIVER ................................................................................................................... 4 ARTICLE 7 - MAINTENANCE OF BENEFITS ................................................................................. 5 ARTICLE 8 - DURATION AND RENEWAL ..................................................................................... 5 ARTICLE 9 - WORK PERIOD AND HOURS ................................................................................... 5 ARTICLE 10 - STAFFING LEVELS ................................................................................................. 6 ARTICLE 11 - SHIFT SELECTION ................................................................................................. 6 ARTICLE 12 - SHIFT EXCHANGE .................................................................................................. 6 ARTICLE 13 - SALARIES ............................................................................................................... 6 ARTICLE 14 - OVERTIME AND COMPENSATORY PAY ................................................................. 9 ARTICLE 15 - HOLIDAY PAY ...................................................................................................... 10 ARTICLE 16 - LEAVES ..................................................................................................... 11 ARTICLE 17 - REIMBURSEMENTS .............................................................................................. 12 ARTICLE 18 - RETIREMENT, HEALTH AND WELFARE BENEFITS ........... Error! Bookmark not defined.4
ARTICLE 19 - PAYROLL ERRORS ............................................................................................... 20 ARTICLE 20 - GRIEVANCE PROCEDURE .................................... 21Error! Bookmark not defined.

ARTICLE 21 - SAFETY VESTS..................................................................................................... 21 ARTICLE 22 - DEFINITIONS ...................................................................................................... 21 ARTICLE 23 - TRANSITION ........................................................................................................ 22

Peace Officers Association MOU 2025-27 Page 3

MEMORANDUM OF UNDERSTANDING
[See Article 22 for definitions]
ARTICLE 1 - PURPOSE AND INTENT
A. It is the intent and purpose of the parties that this Memorandum of Understanding shall set forth rules of pay, hours of work, and other terms and conditions of employment to be observed by the parties in connection with the Peace Officers Unit. The provisions of this Memorandum of Understanding shall apply only to the Members of the Peace Officers Unit (Member) and shall in no way establish terms and conditions of employment of other employees of the Town of Colma who are not Members of that Unit. The classifications included in that Unit are all sworn officers of the Colma Police Department except Reserve Police Officers, Police Recruits, the Commander, and the Police Chief.

This agreement has been developed in the interest of promoting and improving employee relations between the Town of Colma (hereinafter referred to as the Town) and the Colma Peace Officers Association (hereinafter referred to as the Association).

B. This Memorandum is entered into pursuant to the Meyers-Milias-Brown Act (GOVERNMENT CODE sections 3500, et seq.) and Subchapter 3.09 of the Administrative Code of the Town.

ARTICLE 2 - REPRESENTATION
A. The Town hereby recognizes the Association as the Recognized Employee Organization to act as bargaining agent for the Peace Officers Unit.

B. The Town shall deduct the Association dues from the Members’ pay checks and transmit such monies to the duly authorized and designated employee organization representative or by direct deposit to the Association’s bank account.

ARTICLE 3 - RIGHTS RESERVED
A. The Association recognizes that the Town has and will continue to retain, whether exercised or not, the unilateral and exclusive right to operate, administer and manage its municipal services and work force performing those services in all respects subject to this Memorandum.

B. The City Manager and Police Chief have and will continue to retain exclusive decision- making authority on matters not officially and expressly modified by specific provisions of this Memorandum and such decision-making shall not be subject in any way, directly or indirectly, to the grievance procedure contained herein.

Peace Officers Association MOU 2025-27 Page 4

C. The exclusive rights of the Town shall include, but not be limited to, the right to determine the organization of Town government and the purpose and mission of its constituent agencies, to set standards of service to be offered to the public, and through its management officials to exercise control and discretion over its organization and operations, to establish and effect Administrative Regulations and Employment Rules and Regulations consistent with law and the specific provisions of this Memorandum to direct its employees, to take disciplinary action for just cause, to relieve its employees from duty because of lack of work or for other legitimate reasons, to determine whether goods or services shall be made, purchased or contracted for, to determine the methods, means and personnel by which the Town’s services are to be provided, including the right to schedule and assign work and overtime, and to otherwise act in the interest of efficient service to the community.

ARTICLE 4 - MANAGEMENT OBLIGATIONS
The Town shall, at its own expense, provide to every Member a copy of this Memorandum and all rules, regulations, general and special orders.

ARTICLE 5 - SEVERABILITY
If any article or section of this Memorandum of Understanding or if any chapter or section of the Town’s Personnel Policies referred to in this Memorandum should be found invalid, unlawful, or unenforceable by reason of any existing or subsequent enacted legislation by a court of competent jurisdiction, all other articles and sections of this Memorandum shall remain in full force and effect for the duration of this Memorandum. In the event of invalidation of any article or section, the Town and Association may negotiate regarding that section or article on the anniversary of this Memorandum as provided by Article 8. However, in the event the legislation or decision referred to above affects wages, hours or working conditions, the Town and Association agree to meet and confer within sixty days of the effective date of the legislation or decision to renegotiate said article or section.

ARTICLE 6 - WAIVER
The parties acknowledge that, during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this agreement. Therefore, the Town and the Association, for the life of this agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this agreement (except as provided in Article 5), even though such subject or matter may not have been within the knowledge and contemplation of either or both parties at the time they negotiated or signed this agreement. However, in the event the Police Chief, the City Manager or the City Council imposes a change in policy regarding the Association which substantially affects wages, hours or other terms and conditions of Peace Officers Association MOU 2025-27 Page 5

employment not covered by this Memorandum of Understanding, the Association may request that the Town meet and confer regarding that change.

ARTICLE 7 - MAINTENANCE OF BENEFITS
A. The status of all existing benefits and conditions of employment now enjoyed by classifications represented by the Association shall not be deemed affected by this agreement, except as specifically modified by provisions of this Memorandum.

B. Except as expressly stated in this Memorandum, where this Memorandum refers to a benefit in the Town’s Personnel Policies, that benefit may only be modified by the Town after meeting and conferring with the Association.

ARTICLE 8 - DURATION AND RENEWAL
Unless otherwise specifically provided herein, this Memorandum of Understanding shall run from July 1, 2025 to June 30, 2027. It shall be automatically renewed from year to year thereafter, with no scheduled salary increases, unless either party shall have notified the other, in writing, at least sixty days prior to the expiration date that it desires to modify the Memorandum of Understanding. In the event that such notice is given, negotiations shall begin within thirty days of delivery of the notice of intent to modify the Memorandum of Understanding.

The parties agree to commence negotiations for a new MoU on or about March 1, 2026.

ARTICLE 9 - WORK PERIOD AND HOURS
A. The work period established for Members is a regularly recurring period of eighty- four (84) hours in fourteen consecutive days. The Police Chief may, in writing, establish the beginning and ending day and time of a work period.

B. Except as provided in paragraph 9.C, all Members will be on the same fourteen-day work period and will be scheduled to work up to eighty-four (84) hours in fourteen consecutive workdays. Members may be assigned to a team concept, working three days one week and four days the following week.

C. The work schedule shall include paid time for meal breaks, except for Members attending training classes and Members attending court sessions, in which case meal breaks shall not be compensable time.

D. Daylight Savings-Standard Time Transition

(1) In the spring when transitioning to Daylight Savings Time, Members working during the one hour transition from Standard Time to Daylight Savings Time will be paid for actual hours worked. Members working on a shift that includes the one hour transition may be granted an option by the Chief to Peace Officers Association MOU 2025-27 Page 6

work an additional hour at his or her base hourly rate or use compensatory time or vacation time to make up for the lost work hour.

(2) In the fall when transitioning to Standard Time, Members working during the one-hour transition from Daylight Savings Time to Standard Time will be paid for actual hours worked and overtime pay, if actual hours worked or counted as worked in that work period exceed eighty-four (84) hours in a work period.

ARTICLE 10 - STAFFING LEVELS
The Police Chief shall maintain a minimum of two sworn employees on each shift for patrol purposes.

ARTICLE 11 - SHIFT SELECTION
Members will sign up for shifts by seniority in 6-month increments, for a one-year time frame (January through December). Shifts will rotate in January and July of every year, and each Member must work six consecutive months on an alternative shift every two years. The police Chief or his designee may assign a Member to an alternate shift at any time for the good of the organization. Members who have not rotated after eighteen months will be assigned to an alternative shift by the Chief or his or her designee.

ARTICLE 12 - SHIFT EXCHANGE
A. All Members may be permitted to substitute for another of equal rank during scheduled work hours, as herein provided. Any Member requesting a trade shall submit a written request to the Police Chief or designee seven days prior to the first day of the trade. No trade shall be made unless the Police Chief or designee approves the trade in writing. The traded shift shall be paid back within the same fourteen-day work period. This shift trading is strictly voluntary on the part of Members and is for their benefit, not the benefit of the Town. The Town shall exclude the hours worked as a trade in calculating overtime.

B. Once the exchange has been signed by both Members and approved by the Police Chief or his or her designee, it will be the responsibility of the person agreeing to work the shift to cover that shift.

ARTICLE 13 - SALARIES
A. Effective in the first pay period beginning after the Council ratifies this MOU, the Town shall pay each Member an amount determined by multiplying the number of hours worked in a pay period by the applicable hourly base rate of pay shown for the Member in Appendix A.

Peace Officers Association MOU 2025-27 Page 7

B. FICA and PERS Member Contributions

Each Member shall pay the employee share of FICA (Social Security and Medicare) taxes and the employee's contributions to the Public Employees Retirement System (PERS).

C. Educational Incentive Program

(1) Except as provided in this section, there are no incentive pays.

(2) This Program is adopted for the benefit of the Members in recognition of certain specified educational achievements. Eligible Members shall receive the specified additional compensation only under one of the formulas:

(a) A four percent increase of his or her hourly base rate shall be provided to Members who possess an Associates of Arts Degree in Administration of Justice, Police Science, or a related field, or an Intermediate POST Certificate. Members with this incentive shall be classified as Police Officer 2 or Police Sergeant 2 and compensated according to Appendix A. Once this salary increase is awarded it shall continue regardless of future promotions to higher non-management positions. However, it shall not be added to the incentive paid for more advanced degrees provided in subsections (b) and (c) below.

(b) A six percent increase of his or her hourly base rate shall be provided to Members who possess a Baccalaureate Degree in Administration of Justice, Police Science, or a related field, or an Advanced POST Certificate. Members with this incentive shall be classified as Police Officer 3 or Police Sergeant 3 and compensated according to Appendix A. Once this salary increase is awarded it shall continue regardless of future promotions to higher non-management positions.

However, it shall not be added to the incentive paid for a more advanced degree provided in subsection (c) below.

(3) The following Members are eligible for Education Incentive Pay:

(a) A Member who is a regular, non-probationary employee of the Town and has had at least twelve months of sworn law enforcement experience in a municipal law enforcement agency; or

(b) A lateral hire with five years of law enforcement experience when the Police Chief has determined in his or her discretion to grant Education Incentive prior to the conclusion of the Member’s probationary period.

Peace Officers Association MOU 2025-27 Page 8

(4) Documentation must be provided in order to receive the incentive. It is the Member’s responsibility to forward to the Police Chief the documents which certify eligibility for educational incentives. The incentive will commence on the first day of the pay period following the award date of the degree and/or certificate.

D. Field Training Officer

A Member assigned to serve as a Field Training Officer will receive a five percent differential of his or her base rate as shown in salary tables above for actual hours worked as Field Training Officer, which may be less than an entire shift.

E. Detective

A Member assigned to serve as a Detective will receive a five percent differential of his or her base rate as shown in salary tables above for all hours compensated during the assignment.

F. Officer in Charge

A Police Officer assigned to serve as Officer in Charge will receive a five percent differential of his or her base rate as shown in salary tables above for actual hours worked, which may be less than an entire shift. The Officer in Charge (OIC) assignment and duration is made at the discretion of the Police Chief. Members who are currently under a performance improvement plan, received a sub-standard rating in one or more categories on his or her most recent annual evaluation, or received a written reprimand or more serious discipline within six months from assignment may be restricted from applying for the OIC assignment . A minimum of
at least two years of sworn Police Officer experience with the Colma Police Department is preferred.

G. Retention Pay

Effective on the first pay period after July 1, 2025, eligible Members may begin to receive Retention Pay in the amount of 2.5% for continuous 5 years of Town of Colma service, an additional 2.5% for a continuous 10 years of Town of Colma service, an additional 2.5% for continuous 15 years of Town of Colma service and an additional 2.5% for 20 years of continuous Town of Colma service, to a combined maximum of 10% Retention Pay. The percentage of Retention Pay shall be calculated on the Members base pay (not including incentive pay or any other differential pay). After the effective date above, Members are eligible for Retention Pay beginning in the first pay period following their anniversary date in which the employee meets its 5 year, 10 year, 15 year or 20 year of continuous Town service.

For purposes of this section, “continuous” service shall include Town-approved leaves of absence and other leaves required by law.

Peace Officers Association MOU 2025-27 Page 9

ARTICLE 14 - OVERTIME AND COMPENSATORY PAY
A. Members will be routinely scheduled to work eighty-four (84) hours in a fourteen- day work period. Members will receive overtime when a Member has worked in excess of eighty- four (84) hours during the fourteen-day work period, subject to the provisions below. For purposes of this section, vacation leave that was scheduled and approved at least twenty-eight (28) days prior to the date taken off, sick leave, bereavement leave and training hours will count towards hours worked.

Vacation leave not scheduled and approved at least twenty-eight (28) days prior to the date taken off, administrative leave and compensatory time used will not count as hours worked for purposes of this section.

(1) Overtime must be approved in advance by the Police Chief or Designee.

(2) The overtime pay rate will be paid as defined in the FLSA.

(3) All overtime worked which is less than one-hour increments in a work shift shall be compensated in fifteen-minute increments.

B. Notwithstanding the foregoing, the Member may, in his or her sole discretion, take or bank Compensatory Time Off at the rate of one and one-half hours for each hour of overtime worked. A Member’s Compensatory Time Leave Bank will be established with a maximum leave balance of eighty-one hundred twenty hours.

C. A Member who is subpoenaed to testify on his or her day off at any judicial, civil or administrative hearing, including but not limited to Superior Court, Municipal Court, Traffic Court, DMV hearing, civil deposition or parole hearing, on a matter arising out of the Member's course and scope of employment, shall earn overtime as follows:

(1) While at the place of the hearing, the Member shall earn overtime from the time first required to be there until the time released, except for meal breaks. The Member will be paid for only one block of time in a day, regardless of the number of matters that may require the Member's appearance. Except for the circumstances described in paragraphs (2) and (3), the Member will earn a minimum of four hours of overtime for the day.

(2) If placed on telephone standby by the District Attorney, the Member shall earn two hours of overtime for all time on standby. If the Member is called to court, he or she will receive overtime from the time first required to be there until the time released, except for meal breaks. The Member called to court will receive court overtime in lieu of standby overtime. In all cases, Members must have authorization from a supervisor prior to accepting the telephone standby.

Peace Officers Association MOU 2025-27 Page 10

(3) When a Member is required to be at the place of the hearing within four hours prior to his or her shift, the Member shall earn overtime from the time first required to be at the hearing until the beginning of his or her scheduled shift, except for meal breaks. When a Member is required to be at the place of the hearing within one hour after his or her shift, the Member shall earn overtime from the end of his or her shift until the time released, except for meal breaks.

(4) While testifying by telephone, Members shall earn overtime for the time the Member is required to be on the telephone.

D. A Member who is called to work within four hours of the start of his or her shift will receive at least one hour of regular pay, if actual time worked is less than one hour, and overtime pay, if actual hours worked or counted as worked in a work period exceed eighty-four (84) hours.

E. A Member, who is called to work on his or her day off, or after having been relieved of duty for the day at least one hour prior, shall earn overtime for the time the Member is called back, with a minimum of four hours of overtime. If the callback shift exceeds four hours, the Member will be compensated overtime on an hour for hour basis after the first four hours.

F. All training scheduled on a Member’s day off will be compensated on an hour-for- hour basis and overtime pay, if actual hours worked or counted as worked in a work period exceed eighty-four (84) hours. Firearms training will normally be conducted while the Member is on duty. If the Member must attend the range while off duty, he or she will be limited to two hours per quarter and will be compensated on an hour-for-hour basis and overtime pay as required by FLSA. The first quarter begins in January of every year.

G. K-9 handlers will receive seven hours of overtime pay per pay period to compensate for any work after scheduled hours that may be required to feed and care for the canine unit in Member’s charge.

ARTICLE 15 - HOLIDAY PAY
A. In lieu of holiday pay, Members will be paid additional compensation at the rate of five percent of his or her base hourly rate of pay according to his or her classification as shown in salary tables above for all hours except overtime. Said compensation shall be paid at the same time and manner as the Member is usually paid his or her salary, without regard for the number of holidays occurring or worked during the pay period and will be included in the FLSA overtime calculation.

This policy is in lieu of the holiday schedule and holiday leave policy set forth in the Town’s Personnel Policies.

Peace Officers Association MOU 2025-27 Page 11

B. Notwithstanding the above, Members who work on designated significant holiday shifts will be compensated at one and a half (1.5) times his/her base rate as defined in the salary tables. The designated significant holiday shifts are 6:00pm to 6:00am on Thanksgiving, December 24 and December 31 and 6:00am to 6:00pm on Thanksgiving, December 25 and January 1.

Change City Holidays by deleting Lincoln’s Birthday for Juneteenth.

ARTICLE 16 - LEAVES
A. Vacation Leave

(1) Sign up for vacation periods for the upcoming calendar year shall be completed by December 31. Any Member who has not signed up for all vacation time he or she is entitled to by midnight on December 31 shall lose all priority he or she is entitled to because of higher seniority.

(2) A Member may accrue unused vacation time up to two times the number of hours the Member may earn in one year. For example, a Member with two years of service may accrue up to one hundred-sixty (160) hours of unused vacation time while a Member with more than fifteen years of service may accrue up to four hundred (400) hours.

(3) Once a Member has accrued the maximum number of unused vacation hours set forth in Article 16A(2) above, the Member shall not earn any additional vacation hours until vacation is utilized to bring the amount of accrued vacation below the applicable cap or vacation is cashed out as permitted by this policy.
(4) A Member may cash out a portion of his/her accrued vacation hours in accordance with Town’s Personnel Policies.

B. Personnel Leave

Notwithstanding the provisions of the Town’s Personnel Policies regarding Leaves:

(1) A Member shall accrue personal leave (as defined in the Town's Personnel Policies) while on disability leave of absence under Labor Code section 4850.

(2) Members will accrue sick leave at a rate of eight hours per month.

Peace Officers Association MOU 2025-27 Page 12

(3) Upon separation of employment with the Town, a Member is not entitled to be paid for his or her accrued and unused sick leave except as follows:

(a) a Member hired prior to or on July 1, 2019 who is eligible for and who has applied for retirement under the California Public Employees Retirement System within sixty (60) days of separation from the Town may, at the Member's option, convert unused and accrued sick leave to additional PERS service credit or be paid for unused and accrued sick leave, provided that the number of hours to be converted or paid shall not exceed 1,092 hours.

(b) a Member hired after July 1, 2019 who is eligible for and who has applied for retirement under the California Public Employees Retirement System within sixty (60) days of separation from the Town may, at the Member's option, convert unused and accrued sick leave to additional PERS service credit provided that the number of hours to be converted shall not exceed 1,092 hours.

Accrued but unused sick leave shall have no cash value at separation for such Members.

(4) Nothing herein shall prevent a Member from accruing sick leave beyond 1,092 hours and, while employed, taking paid sick leave from the total amount of accrued sick leave in accordance with the Town’s Sick Leave Policy.

C. The Town will administer Family Leave in accordance with state and federal law.

ARTICLE 17 - REIMBURSEMENTS
A. Uniform and Equipment Allowance

(1) The Town agrees to pay to full-time Members a uniform allowance. The amount of the annual allowance shall be one thousand and twenty-five dollars ($1,025). Payment of the uniform allowance shall be paid a pro-rata amount on each paycheck (for example $1,025 divided by 26 = $39.43 per pay period). A one-time payment shall be issued on the next regular pay period after ratification of this MOU which shall equal to amounts earned March 1, 2016 to the date of contract ratification. This uniform allowance is not CalPERS reportable compensation for Members hired on or after January 1, 2013, who were never members of a public employee retirement system or who had a break in service of more than six months.

Peace Officers Association MOU 2025-27 Page 13

(2) A Member shall not be required to purchase any item that the Town is required by law to provide to peace officers.

(3) The service weapon for new Members or for current Members who need to replace their existing personal weapon, shall be the service weapon provided and maintained by the Town at the Town’s own expense, or a weapon provided and maintained by the Member which the Police Chief has approved. Upon termination of employment for any reason, a Member using a service weapon provided by the Town shall return the weapon to the department.

(4) The Town shall provide, at the Town’s own expense, new full-time Members an initial uniform consisting of the items determined by the Chief and approved by the City Manager.

B. Damage to Personal Property and Uniforms

(1) The Town shall reimburse a Member for damage to uniforms that are damaged during duty hours or while stored in their locker at a Town facility, providing that the Member made a reasonable effort to safeguard the uniform. This reimbursement shall be made on approval of the Police Chief.

(2) The Town shall reimburse a Member for damage of personal property in the performance of his/her duty, subject to the following restrictions:

(a) The maximum reimbursement for items of personal property necessity such as eyeglasses and hearing aids shall be two hundred dollars ($200.00).

(b) The maximum reimbursement for the damage of all other personal property shall be fifty dollars ($50.00).
(c) Requests for reimbursement for the damage of personal property must be made within the shift in which the damage occurs. (d) Reimbursement of damaged property must be approved by the Police Chief.

C. Tuition Reimbursement

Regular, full-time Members shall be entitled to the Tuition Reimbursement benefits as described in the Town’s Personnel Policies.

Peace Officers Association MOU 2025-27 Page 14

ARTICLE 18 - RETIREMENT, HEALTH AND WELFARE BENEFITS
A. PERS Retirement

(1) Classic – Tier One Hired before August 1, 2012

Members hired before August 1, 2012, that are enrolled in the California Public Employees Retirement System (PERS) shall receive a retirement allowance under the “3% at 50 Modified," formula, One-Year Final Compensation retirement plan, to the extent provided by law.

(2) Classic – Tier Two Hired on or after August 1, 2012

Members hired on or after August 1, 2012, including Members hired on or after January 1, 2013 who are not classified as “new members” (as defined in Gov’t Code 7522.04(f)) under Public Employees’ Pension Reform Act (PEPRA), that are enrolled in PERS shall receive a retirement allowance under the “3% at 55 Modified” formula, Three-Year Final Compensation retirement plan, to the extent provided by law.

(3) PEPRA - Hired on or after January 1, 2013

Members hired on or after January 1, 2013, who are classified as “new members” (as defined in Gov’t Code 7522.04(f)) under PEPRA, that are enrolled in PERS shall receive a retirement allowance under the “2.7% @ 57 formula”, Three-Year Final Compensation retirement plan, to the extent provided by law.

Each Member shall contribute to PERS the employee’s rate of contribution required by law relevant to his/her retirement formula, as may be amended from time to time by the State of California. The Member does not have the right to directly receive the Member’s PERS contribution in lieu of payment to PERS. The Town shall contribute all other costs and contributions necessary to implement this plan.

If the Employer’s contribution required by PERS increases over the present contribution, the Town shall pay the increase; if the Employer’s contribution decreases, the Town shall keep the savings.

Peace Officers Association MOU 2025-27 Page 15

B. Deferred Compensation Plan

As to any Member who participates in the Town’s deferred compensation plan, the Town will pay a sum equal to the amount withheld from salary by the Member and contributed to the Plan, up to one hundred dollars ($100) per month. The City Manager may establish reasonable rules and procedures for implementing this plan.

If the additional sum contributed by the Town causes the Member’s contribution to exceed the maximum amount allowed under federal law as deferred compensation, then such sum shall be reported as taxable income of the Member.

C. Dental, Vision, and Life Insurances

Dental, vision, and life insurance are as provided in the Town’s Personnel Policies, except that Members hired on or after January 1, 2008, will not receive Town-paid dental benefits upon retirement. Members hired prior to January 1, 2008, will continue to receive Town-paid dental benefits upon retirement to the same extent as other miscellaneous Town employees.

D. Medical Insurance

(1) PEMHCA Minimum Contribution

The Town shall revise its current PEMHCA contract with CalPERS through the adoption of a new PEMHCA resolution to provide that the Town shall pay to PERS, on behalf of each eligible active Member and each retired Member who qualifies for retiree medical benefits, a monthly employer contribution equal to the minimum contribution required under Section 22892(b)(2) of PEMHCA (PEMHCA Minimum). This amount is established by CalPERS and may change annually.

Pursuant to PEMHCA and relevant PERS regulations, a retired Member will qualify for retiree medical benefits if his or her retirement from the Town is effective within 120 days of his or her separation from employment with the Town and the retired Member receives a retirement allowance from CalPERS resulting from his or her service with the Town (Annuitant).

Annuitants are eligible to continue health coverage under PEMHCA. An Annuitant will receive the PEMHCA Minimum regardless of hire date.

Supplemental benefits will be provided to Active Members and Annuitants in accordance with the terms set forth in Sections (2), (3) and (4) below.

Peace Officers Association MOU 2025-27 Page 16

(2) Supplemental Benefit for Active Members

The Town offers an Internal Revenue Code Section 125 Plan (Plan) which contains premium conversion, health care reimbursement and dependent care reimbursement as available benefits. The availability of the Plan is contingent on compliance with State and Federal rules and regulations. The Town and Association agree to meet and confer if any part of the Plan is found to be noncompliant regarding a replacement provision. In addition to the PEMHCA Minimum, the Town contributes for eligible Active Members an additional amount to be used to pay for premiums for Health Insurance Coverage through the Plan. The amount of the additional monthly contribution for each Active Member’s PERS health insurance premium is based on the date of hire. An Active Member may not use the contribution for other reasons.

(i) Active Members Hired Prior to June 1, 2008 (Tier A)

Active Members hired prior to June 1, 2008, will receive a contribution under the Plan equal to the full cost of the PERS health plan selected, for which he or she and his or her dependents are eligible and enrolled, minus the PEMHCA minimum contribution.

The Town may not require Tier A Active Members to pay or contribute premiums for medical or hospital insurance unless the Town has first met with and obtained the agreement of the Association.

(ii) Active Members Hired on or after June 1, 2008 but on or before June 30, 2012 (Tier B)

Active Members hired on or after June 1, 2008 and on or before June 30, 2012, will receive a contribution under the Plan equal to the cost of the PERS health plan in which he or she and his or her dependents are eligible and enrolled but not to exceed the cost of second most costly plan offered by CalPERS, minus the PEMHCA Minimum. Members may select enrollment in a plan that exceeds the maximum Employer contribution and the difference in cost will be paid by the Member through payroll deductions.

(iii) Active Members Hired on or after July 1, 2012 but on or before December 31, 2016 (Tier C) Active Members hired on or after July 1, 2012 and on or before December 31, 2016, will receive a contribution under the Plan in the same amount and manner as Active Members described in Tier B (section ii) above.

Peace Officers Association MOU 2025-27 Page 17

(iv) Active Members Hired on or after January 1, 2017 (Tier D)

Active Members hired on or after January 1, 2017, will receive a contribution under the Plan in the same amount and manner as Active Members described in Tier B (section ii) above.

(3) Supplemental Benefit for Annuitants Originally Hired Before January 1, 2017

(i) Annuitants Who Were Originally Hired Prior to June 1, 2008 (Tier A)

Annuitants hired by the Town prior to June 1, 2008, will receive a monthly HRA contribution equal to the monthly cost of the PERS health plan selected, for which he or she and his or her dependents are eligible and enrolled, minus the PEMHCA Minimum.

The Town may not require Tier A Annuitants to pay or contribute premiums for medical or hospital insurance unless the Town has first met with and obtained the agreement of the Association.

(ii) Annuitants Who Were Originally Hired on or after June 1, 2008, but on or before June 30, 2012 (Tier B)

Annuitants hired by the Town on or after June 1, 2008, but on or before June 30, 2012, will receive an HRA contribution equal to the cost of the PERS health plan in which he or she and his or her dependents are eligible and enrolled but not to exceed the cost of second most costly plan offered by CalPERS, minus the PEMHCA Minimum.

(iii) Annuitants Who Were Originally Hired on or after July 1, 2012 but on or before December 31, 2016 (Tier C)

Annuitants hired by the Town on or after July 1, 2012, but on or before December 31, 2016, who have five years of service with the Town and at least ten years of total PERS service credit, will receive an HRA contribution equal to the “applicable percentage” of the cost of the PERS health plan in which he or she and his or her dependents are eligible and enrolled but not to exceed the cost of Peace Officers Association MOU 2025-27 Page 18

the second most costly plan offered by PERS, as adjusted by the “applicable percentage”, minus the PEMHCA Minimum.

The “applicable percentage” shall be determined on the basis of the Annuitant’s years of service (with a minimum of five years of service with the Town) pursuant to the following vesting schedule:

Notwithstanding the preceding service requirement, the contribution payable by the Town shall be equal to 100 percent of the cost of the PERS health plan in which he or she and his or her dependents are eligible and enrolled but not to exceed the cost of second most costly plan offered by CalPERS, minus the PEMHCA Minimum, on behalf of any annuitant who retired for industrial disability.

CREDITED YEARS OF

SERVICE

APPLICABLE

PERCENTAGE
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 or More 100%
Peace Officers Association MOU 2025-27 Page 19

(iv) Retiree Health Benefit Preserved in Event of Reinstatement and Subsequent Retirement
In accordance with AB 410 (2013), as codified in Government Code Section 22838, an Annuitant eligible for retiree health benefits pursuant to Section (D)(3)(i), (ii) or (iii) who reinstates from retirement may, upon his or her subsequent retirement, elect to enroll in a health benefit plan approved or maintained by CalPERS as an annuitant of the Town and receive the applicable benefit under Section (D)(3)(i), (ii) or (iii), if all of the following apply:

(a) The subsequent retirement occurs on or after January 1, 2014; (b) The Annuitant is eligible for retiree health coverage through the Town prior to reinstatement from retirement;

(c) The subsequent retirement occurs within 120 days of separation; and
(d) The retiree health contribution available from the Town is higher than the retiree health contribution from the employer through which the subsequent retirement occurs.

To the extent that the Town’s conversion to the PEMHCA Minimum causes the requirement at (d) above to fail and, as a result, the Annuitant enrolls in a PERS health benefit plan through the subsequent employer, the Town shall cause the difference between the total benefit described in Section (D)(3)(i), (ii) or (iii), as applicable, and the retiree health benefit to which he or she is entitled under the subsequent employer, to be paid to the Annuitant in the form of a reimbursement under the HRA of substantiated expenses for a PERS health insurance plan in which he or she has enrolled.

(4) Retirement Health Savings Program (RHSP)

(i) Mandatory Participation - Members Hired on or after January 1, 2017

Members hired on or after January 1, 2017 receive a monthly Employer contribution to an individual account under the RHSP. The Town shall contribute to the Member’s individual RHSP account an amount equivalent to two- and one-half percent (2.5%) of the Member’s monthly base salary as shown in the Town’s adopted Peace Officers Association MOU 2025-27 Page 20

salary schedule. The base salary for the initial month of service and final month of service shall be prorated based on actual base salary paid in those months.

The member shall contribute to the Member’s individual RHSP account an amount equivalent to one- and one-half percent (1.5%) of the Member’s monthly base salary as shown in the Town’s adopted salary schedule. The base salary for the initial month of service and final month of service shall be prorated based on actual base salary paid in those months.

(ii) Optional Participation - Members Hired Prior to January 1, 2017

Members hired prior to January 1, 2017 may exercise a one-time irrevocable election and waiver as defined in the RHSP Plan Document. Any Member who elects to receive the RHSP benefit shall receive the same benefit as described in Section (D)(4)(i) above and will no longer receive the benefits in Section (D)(3) above.

E. Health Club Membership

Health Club Membership benefits are as provided in the Town’s Personnel Policies.

F. Funeral Expenses

The Town shall pay fifteen thousand dollars ($15,000) to the executor, administrator or personal representative of the estate of, or to the trustee authorized to pay funeral expenses for, any Member killed in the line of duty.

ARTICLE 19 - PAYROLL ERRORS
A. To ensure that system or other errors which affect a Members pay are processed in an efficient and effective manner, the Town shall notice the affected Member as soon as practicable.

B. Payroll errors detected by a Member shall, as soon as practicable, be communicated to the City Manager, or his or her designee. In the case of under payment, the City Manager or his or her designee will process the appropriate adjustments as soon as practicable.

C. Payroll errors identified by the City Manager or his or her designee will be communicated to the Member either directly or through the Police Chief.

Peace Officers Association MOU 2025-27 Page 21

D. Under payments will be processed as soon as practicable.

E. In the event of an overpayment, the City Manager or his or her designee will determine a reasonable repayment schedule and inform the Member of the schedule directly or through the Police Chief. The affected Member shall be given an opportunity to discuss the repayment schedule and, if necessary, to request a reasonable adjustment to it. Factors considered in determining a reasonable adjustment to the repayment schedule include but are not limited to, the Member’s normal salary, and other financial obligations of the Member. The Town and the Association agree that the Town will use any and all legal remedies to recover any salary overpayment made to the Member from the Member’s wages in the event that (1) the Member does not respond within five working days of being notified of the overpayment or (2) mutual agreement on the repayment schedule is not achieved within ten working days of the Member being notified of the overpayment.

ARTICLE 20 - GRIEVANCE PROCEDURE
Grievance procedures are provided as stated in the Town’s Personnel Policies.

ARTICLE 21 - SAFETY VESTS
The parties have met and conferred and agreed to the Town’s Safety Vest Policy.

ARTICLE 22 - DEFINITIONS
As used in this Memorandum:

“Base rate” means the hourly rate of pay, by each job classification shown in the tables in Appendix A of this Memorandum.

“Personnel Policies” means the provisions, policies and regulations adopted by the City Council as Chapter Three of the Colma Administrative Code, or its successor, and the procedures and regulations adopted by the City Manager to implement the provisions of Chapter Three of the Colma Administrative Code or its successor.

“Designated Significant Holiday Shifts” are defined in paragraph 15.B.

Peace Officers Association MOU 2025-27 Page 22

ARTICLE 23 - TRANSITION
A. Upon execution, this Memorandum of Understanding will supersede the Memorandum of Understanding between the parties and for the period from July 1, 2025 to June 30, 2027.

Peace Officers Association MOU 2025-27 Page 23

Appendix A – Salaries
June 22, 2025 – an across the board wage increase of 2% (Pay date 7/11/2025) December 21, 2025 – an across the board wage increase of 2% (Pay date 1/09/2026)

Res 2025-__, Approving Dispatch MOU 2025-2027 Page 1 of 2 RESOLUTION 2025-__

OF THE CITY COUNCIL OF THE TOWN OF COLMA

RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING

BETWEEN THE TOWN OF COLMA AND THE COLMA POLICE
COMMUNICATION/RECORDS ASSOCIATION FOR THE PERIOD OF JULY 1, 2025 THROUGH JUNE 30, 2027 PURSUANT TO CEQA GUIDELINE 15378
The City Council of the Town of Colma does hereby resolve as follows:
1 . Background.
(
a) The Town’s MOU with the Dispatch/Re cords Association will expire on June 30, 202 6.

Per Article 8 – Duration and Renewal of the MOU, parties agreed to commence negotiations on March 1, 2025, to discuss the following items: Retention Pay, Bilingual Assessment, Shift Differential, Crisis Intervention Training Pay, and Compensatory Time Maximum. (b) Upon direction from the City Council, the City Manager and the Town’s labor negotiator began labor negotiations. Due to both sides working diligently together, updated labor agreement terms have been reached between both sides.
(
c) Staff is now presenting the formal MOU detailing the conclusion of the labor negotiation terms for City Council consideration and approval.
2 . Order.
(
a) The City Council hereby approves the Memorandum of Understanding between the Town of Colma and the Colma Police Communication/Records Association (Dispatch) for the time period of July 1, 2025 through June 30, 2027, which is attached hereto a s Exhibit A. This MOU shall supersede the prior MOU upon its execution.
(b) The Mayor shall be, and hereby is, authorized to execute the Memorandum of Understanding, subject to any changes in form or technical language approved by the City Manager and City Attorney.
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ATTACHMENT C
Res 2025-__, Approving Dispatch MOU 2025-2027 Page 2 of 2

Certification of Adoption

I certify that the foregoing Resolution No. 202 5-__ was duly adopted at a regular meeting of said City Council held June 11, 2025 by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Ken Gonzalez, Mayor

Carrie Slaughter, Vice Mayor

Helen Fisicaro, Councilmember

Joanne F. del Rosario,
Councilmember

Thomas Walsh,
Councilmember

Voting Tally

Dated ______________________ ___________________________________ Ken Gonzalez, Mayor

Attest: ____________________________
Michelle Estabillo, City Clerk
Police Communications/Records Association MOU 2025-2027 Page 1

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE TOWN OF COLMA
AND

THE COLMA POLICE COMMUNICATIONS/RECORDS

ASSOCIATION
July 1, 2025 - June 30, 2027

ATTACHMENT D
Police Communications/Records Association MOU 2025-2027 Page 2

TABLE OF CONTENTS
Page
ARTICLE 1 - PURPOSE AND INTENT .............................................................................................. 2 ARTICLE 2 - REPRESENTATION ................................................................................................... 2 ARTICLE 3 - RIGHTS RESERVED .................................................................................................. 2 ARTICLE 4 - MANAGEMENT OBLIGATIONS ..................................................................................... 3 ARTICLE 5 - SEVERABILITY ........................................................................................................ 3 ARTICLE 6 - WAIVER ................................................................................................................. 3 ARTICLE 7 - MAINTENANCE OF BENEFITS ..................................................................................... 3 ARTICLE 8 - DURATION AND RENEWAL ....................................................................................... 4 ARTICLE 9 - WORK PERIOD AND HOURS ...................................................................................... 4 ARTICLE 10 - STAFFING LEVELS .................................................................................................. 4 ARTICLE 11 - SHIFT SELECTION ................................................................................................. 4 ARTICLE 12 - SHIFT EXCHANGE .................................................................................................. 5 ARTICLE 13 - SALARIES .............................................................................................................. 5 ARTICLE 14 - OVERTIME AND COMPENSATORY PAY ....................................................................... 6 ARTICLE 15 - HOLIDAY PAY ........................................................................................................ 7 ARTICLE 16 - LEAVES ................................................................................................................. 8 ARTICLE 17 - REIMBURSEMENTS ................................................................................................ 9 ARTICLE 18 - RETIREMENT, HEALTH AND WELFARE BENEFITS ..................................................... 10 ARTICLE 19 - PAYROLL ERRORS ................................................................................................. 16 ARTICLE 20 - GRIEVANCE PROCEDURE ....................................................................................... 16 ARTICLE 21 - SAFETY VESTS ..................................................................................................... 16 ARTICLE 22 - DEFINITIONS ...................................................................................................... 16 ARTICLE 23 - TRANSITION ....................................................................................................... 17 Police Communications/Records Association MOU 2025-2027 Page 3

MEMORANDUM OF UNDERSTANDING
[See Article 22 for definitions]

ARTICLE 1 - PURPOSE AND INTENT

A. It is the intent and purpose of the parties that this Memorandum of Understanding shall set forth rules of pay, hours of work, and other terms and conditions of employment to be observed by the parties in connection with the Police Clerical/Dispatching Employees Unit. The provisions of this Memorandum of Understanding shall apply only to the Members of the Police Clerical/Dispatching Employees Unit (Member) and shall in no way establish terms and conditions of employment of other employees of the Town of Colma who are not Members of that Unit. The classifications included in that Unit are Police Dispatcher/Clerk and Police Dispatch/Records Supervisor. This agreement has been developed in the interest of promoting and improving employee relations between the Town of Colma (hereinafter referred to as the Town) and the Colma Police Communications/Records Association (hereinafter referred to as the Association).

B. This Memorandum is entered into pursuant to the Meyers-Milias-Brown Act (GOVERNMENT CODE sections 3500, et seq.) and Subchapter 3.09 of the Administrative Code of the Town.

ARTICLE 2 - REPRESENTATION

A. The Town hereby recognizes the Association as the Recognized Employee Organization to act as bargaining agent for the Police Clerical/Dispatching Employees Unit.

B. The Town shall deduct the Association dues from the Members' pay checks and transmit such monies to the duly authorized and designated employee organization representative or by direct deposit to the Association's bank account.

ARTICLE 3 - RIGHTS RESERVED

A. The Association recognizes that the Town has and will continue to retain, whether exercised or not, the unilateral and exclusive right to operate, administer and manage its municipal services and work force performing those services in all respects subject to this Memorandum.

Police Communications/Records Association MOU 2025-2027 Page 4

The exclusive rights of the Town shall include, but not be limited to, the right to determine the organization of Town government and the purpose and mission of its constituent agencies, to set standards of service to be offered to the public, and through its management officials to exercise control and discretion over its organization and operations, to establish and effect Administrative Regulations and Employment Rules and Regulations consistent with law and the specific provisions of this Memorandum to direct its employees, to take disciplinary action for just cause, to relieve its employees from duty because of lack of work or for other legitimate reasons, to determine whether goods or services shall be made, purchased or contracted for, to determine the methods, means and personnel by which the Town's services are to be provided, including the right to schedule and assign work and overtime, and to otherwise act in the interest of efficient service to the community.

ARTICLE 4 - MANAGEMENT OBLIGATIONS

The Town shall, at its own expense, provide to every Member a copy of this Memorandum and all rules, regulations, general and special orders.

ARTICLE 5 - SEVERABILITY

If any article or section of this Memorandum of Understanding or if any chapter or section of the Town's Personnel Policies referred to in this Memorandum should be found invalid, unlawful, or unenforceable by reason of any existing or subsequent enacted legislation by a court of competent jurisdiction, all other articles and sections of this Memorandum shall remain in full force and effect for the duration of this Memorandum. In the event of invalidation of any article or section, the Town and Association may negotiate regarding that section or article on the anniversary of this Memorandum as provided by Article 8. However, in the event the legislation or decision referred to above affects wages, hours or working conditions, the Town and Association agree to meet and confer within sixty days of the effective date of the legislation or decision to renegotiate said article or section.

ARTICLE 6 - WAIVER

The parties acknowledge that, during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this agreement. Therefore, the Town and the Association, for the life of this agreement, each voluntarily and unqualifiedly waives the right and ea ch agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this agreement (except as provided in Article 5), even though such subject or matter may not have been within the knowle dge and contemplation of either or both parties at the time they negotiated or signed this agreement. However, in the event the Police Chief, the City Manager or the City Council imposes a change in policy regarding the Association Police Communications/Records Association MOU 2025-2027 Page 5

which substantially affects wages, hours or other terms and conditions of employment not covered by this Memorandum of Understanding, the Association may request that the Town meet and confer regarding that change.

ARTICLE 7 - MAINTENANCE OF BENEFITS

A. The status of all existing benefits and conditions of employment now enjoyed by classifications represented by the Association shall not be deemed affected by this agreement, except as specifically modified by provisions of this Memorandum.

B. Except as expressly stated in this Memorandum, where this Memorandum refers to a benefit in the Town's Personnel Policies,, that benefit may only be modified by the Town after meeting and conferring with the Association.

ARTICLE 8 - DURATION AND RENEWAL

Unless otherwise specifically provided herein, this Memorandum of Understanding shall run from July 1, 2025, to June 30, 2027. It shall be automatically renewed from year to year thereafter, with no scheduled salary increases, unless either party shall have notified the other, in writing, at least sixty days prior to the expiration date that it desires to modify the Memorandum of Understanding. In the event that such notice is given, negotiations shall begin within thirty days of delivery of the notice of intent to modify the Memorandum of Understanding.

The parties agree to commence negotiations for a new MoU on or about March 1, 2026.

ARTICLE 9 -WORK PERIOD AND HOURS

The work period established for Members is a regularly recurring period of forty hours in seven consecutive days beginning at 00:01 each Sunday and ending at 24:00 the following Saturday.

ARTICLE 10 - STAFFING LEVELS

A. The Police Chief shall determine the minimum staffing levels on each work shift.

B. Open shifts may or may not be filled, depending on the ongoing safety of department personnel. If the Police Chief or his/her designee decides to fill the open shift, this will be implemented without the use of overtime, whenever possible. This may include altering the normal work shift of Members to reduce or eliminate the need for overtime. When overtime must be used to fill an open shift, it will be filled by seniority, with the first choice going to the senior Member of the Association. '

(1) Open shifts are designated as any/all hours which need coverage by an employee due to sick leave, vacation, CTO, LOA, paid family leave, training and any other open hours.

(2) Open shifts are defined as the normally scheduled hours for the shift had the Member on leave actually worked it.

Police Communications/Records Association MOU 2025-2027 Page 6

ARTICLE 11 - SHIFT SELECTION

A. Members will sign up for shifts by seniority for a one year time frame (January through December). The Police Chief or his designee may assign a Member to an alternate shift at any time for the good of the organization.

In order to avoid miscommunication, the Police Dispatch/Records Supervisor will notify the Police Dispatcher/Clerk in person, by phone, or by official schedule change form to be initialed by employee, of changes they feel are necessary in the hours of the monthly schedule. (Days off will not be changed unless an emergency exists, or unless the employee volunteers to make changes.) Every effort will be made to notify the employee as soon as the need is recognized for a shift change. Messages left on answering devices or notes left in Member's boxes shall not be considered adequate by themselves.

B. In the interests of Supervisor-Member relations all attempts will be made to seek volunteers when changes in the schedule are necessary.

C. Changes in a Member's schedule shall not be used as a disciplinary action, bonus or an incentive. However, if after a sustained personnel investigation it is determined that a change in the schedule is necessary, that change can be made at the discretion of the Police Chief.

ARTICLE 12 - SHIFT EXCHANGE

A. All Members may be permitted to substitute for another during scheduled work hours, as herein provided. Trading shall be limited to one shift in any consecutive thirty days and any Member requesting a trade shall submit a written request to the Chief or designee seven days prior to the first day of the trade. No trade shall be made unless the Chief or designee approves the trade in writing. The traded shift shall be paid back within the same thirty days.

This shift trading is strictly voluntary on the part of Members and is for their benefit, not the benefit of the Town. The Town shall exclude the hours worked as a substitute in calculating overtime.

ARTICLE 13 - SALARIES

A. Effective in the first pay period beginning after the Council ratifies this MOU, the Town shall pay each Member an amount determined by multiplying the number of hours worked in a pay period by the applicable hourly base rate of pay shown for the Member in Appendix A.

B. FICA and PERS Member Contributions

Each Member shall pay the employee share of FICA (Social Security and Medicare) taxes and the employee's contributions to the Public Employees Retirement System (PERS).

Police Communications/Records Association MOU 2025-2027 Page 7

C. Training Differential

(1) The Town shall pay a Member who is assigned to train new clerk/dispatchers, Officers or per diem employees an additional five percent differential of his or her base rate as shown in Appendix A for actual hours worked as a Trainer in one-half hour increments.

(2) Members may be required to provide orientation for new employees provided that such orientation responsibilities do not exceed one hour per day. No additional compensation shall be paid for performing orientation duties under this paragraph.

(3) The Police Chief or his or her designee shall have discretion to make all training assignments.

D. CAD Administration Incentive

(1) The Town shall pay a Member who is assigned duties of CAD system administration an additional five percent (5%) of his or her base pay as shown in Appendix A and shall pay the Member who is assigned backup CAD system administration duties an additional two and one half percent (2.5%) of his or her base pay.

(2) The Police Chief or his or her designee shall have discretion to make CAD system administration assignments.

E. Retention Pay

Effective on the first pay period after July 1, 2025, eligible Members may begin to receive Retention Pay in the amount of 2.5% for continuous 5 years of Town of Colma service, an additional 2.5% for a continuous 10 years of Town of Colma service, an addit ional 2.5% for continuous 15 years of Town of Colma service and an additional 2.5% for 20 years of continuous Town of Colma service, to a combined maximum of 10% Retention Pay. The percentage of Retention Pay shall be calculated on the Members base pay (not including incentive pay or any other differential pay). After the effective date above, Members are eligible for Retention Pay beginning in the first pay period following their anniversary date in which the employee meets its 5 year, 10 year, 15 year or 20 year of continuous Town service. For purposes of this section, “continuous” service shall include Town-approved leaves of absence and other leaves required by law.

ARTICLE 14 - OVERTIME AND COMPENSATORY PAY

A. Members will be routinely scheduled to work forty hours in a seven-day work period.

Members will receive overtime when a Member has worked in excess of forty hours during the seven-day work period, subject to the provisions below. For purposes of this section, holiday as listed under Article l6 (B), vacation leave that was scheduled and approved at least twenty- eight (28) days prior to the date taken off, sick leave, bereavement leave and training hours will count towards hours worked. Vacation leave not scheduled and approved at least twenty-eight (28) days prior to the date taken off, administrative leave and compensatory time used will not count as hours worked for purposes of this section.

Police Communications/Records Association MOU 2025-2027 Page 8

(1) Overtime must be approved in advance by the Police Chief or Designee.

(2) .The overtime pay rate will be paid as defined in the FLSA.

(3) All overtime worked which is less than one hour increments in a work shift shall be compensated in fifteen-minute increments.

B. Notwithstanding the foregoing, the Member may, in his or her sole discretion, take or bank Compensatory Time Off at the rate of one and one-half hours for each hour of overtime worked. A Member's Compensatory Time Leave Bank will be established with a maximum leave balance of one hundred and twenty hours.

(4) While testifying by telephone, Members shall earn overtime for the time the Member is required to be on the telephone.

Police Communications/Records Association MOU 2025-2027 Page 9

F. All training scheduled on a Member's day off will be compensated on an hour for hour basis and overtime pay, if actual hours worked or counted as worked in a work period exceed forty hours.

ARTICLE 15 - HOLIDAY PAY

In lieu of holiday pay, Members will be paid additional compensation at the rate of five percent of his or her base hourly rate of pay according to his or her classification as shown in salary tables above for all hours except overtime. Said compensation shall be paid at the same time and manner as the Member is usually paid his or her salary, without regard for the number of holidays occurring or worked during the pay period and will be included in the FLSA overtime calculation.

This policy is in lieu of the holiday schedule and holiday leave policy set forth in the Town's Personnel Policies.

Notwithstanding the above, Members who work on designated significant holiday shifts will be compensated at one and a half (1.5) times his/her base rate as defined in the salary tables.

The designated significant holiday shifts are 7:00pm to 7:00am on Thanksgiving, December 24 and December 31 and 7:00am to 7:00pm on Thanksgiving, December 25 and January 1

Change City Holidays by deleting Lincoln’s Birthday for Juneteenth

ARTICLE 16 - LEAVES

A. Vacation Leave

4) A Member may cash out a portion of his/her accrued vacation hours in accordance with Town's Personnel Policies.

B. Personnel Leave

Notwithstanding the provisions of the Town's Personnel Policies regarding Leaves:

(1) Members will accrue sick leave at a rate of eight hours per month.

Police Communications/Records Association MOU 2025-2027 Page 10

(2) Upon separation of employment with the Town, a Member is not entitled to be paid for his or her accrued and unused sick leave except as follows:

a. a Member hired prior to or on July 1, 2019 who is eligible for and who has applied for retirement under the California Public Employees Retirement System within sixty days of separation from the Town may, at the Member's option, convert unused and accrued sick leave to additional PERS service credit or be paid for unused and accrued sick leave, provided that the number of hours to be converted or paid shall not exceed one thousand forty (1,040) hours.

b. a Member hired after July 1, 2019 who is eligible for and who has applied for retirement under the California Public Employees Retirement System within sixty (60) days of separation from the Town may, at the Member's option, convert unused and accrued sick leave to additional PERS service credit provided that the number of hours to be converted shall not exceed 1,040 hours. Accrued but unused sick leave shall have no cash value at separation for such Members.

(3) Nothing herein shall prevent a Member from accruing sick leave beyond one thousand forty (1,040) hours and, while employed, taking paid sick from the total amount of accrued sick leave in accordance with the Town's Sick Leave Policy.

C. The Town will administer Family Leave in accordance with state and federal law.

ARTICLE 17 - REIMBURSEMENTS

A. Uniform and Equipment Allowance

(1) The Town agrees to pay to full-time Members a uniform allowance. The amount of the annual allowance shall be seven hundred, seventy-four dollars and seventy-three cents ($774.73). Payment of the uniform allowance shall be paid a pro-rata amount on each paycheck (for example $774.73 divided by 26 = $29.80 per pay period). A one- time payment shall be issued on the next regular pay period after ratification of this MOU which shall equal to amounts earned March 1, 2016 to the date of contract ratification. This uniform allowance is not CalPERS reportable compensation for Members hired on or after January 1, 2013, who were never members of a public employee retirement system or who had a break in service of more than six months. (2) The Town shall provide, at the Town's own expense, new full-time Members an initial uniform consisting of the items determined by the Chief and approved by the City Manager.

B. Damage to Personal Property and Uniforms

Police Communications/Records Association MOU 2025-2027 Page 11

(2) The Town shall reimburse a Member for damage of personal property in the performance of his/her duty, subject to the following restrictions:

(a) The maximum reimbursement for items of personal property necessity such as eye glasses and hearing aids shall be two hundred dollars ($200.00).

(b) The maximum reimbursement for the damage of all other personal property shall be fifty dollars ($50.00).

(c) Requests for reimbursement for the damage of personal property must be made within the shift in which the damage occurs.

(d) Reimbursement of damaged property must be approved by the Police Chief.

C. Tuition Reimbursement

Regular, full-time Members shall be entitled to the Tuition Reimbursement benefits as described in the Town's Personnel Policies.

ARTICLE 18 - RETIREMENT, HEALTH AND WELFARE BENEFITS

A. PERS Retirement

(1) Classic - Tier One Hired before August 1, 2012
Members hired before August 1, 2012, that are enrolled in the California Public Employees Retirement System (PERS) shall receive a retirement allowance under the "2.5% at 55 Modified," formula, One-Year Final Compensation retirement plan, to the extent provided by law.
(2) Classic - Tier Two Hired on or after August 1, 2012

Members hired on or after August 1, 2012, including Members hired on or after January 1, 2013 who are not classified as "new members" (as defined in Gov't Code 7522.04(f)) under Public Employees' Pension Reform Act (PEPRA), that are enrolled in PERS shall receive a retirement allowance under the "2% at 60 Modified" formula, Three-Year Final Compensation retirement plan, to the extent provided by law.

(3) PEPRA - Hired on or after January 1, 2013

Members hired on or after January 1, 2013, who are classified as "new members" (as defined in Gov't Code 7522.04(f)) under PEPRA, that are enrolled in PERS shall receive a retirement allowance under the "2% @ 62 formula", Three-Year Final Compensation retirement plan, to the extent provided by law.

(4) Each Member shall contribute to PERS the employee's rate of contribution required by law relevant to his/her retirement formula, as may be amended from time to time by the State of California. The Member does not have the right to directly receive the Member's PERS contribution in lieu of payment to PERS. The Town shall contribute Police Communications/Records Association MOU 2025-2027 Page 12

all other costs and contributions necessary to implement this plan. If the Employer's contribution required by PERS increases over the present contribution, the Town shall pay the increase; if the Employer's contribution decreases, the Town shall keep the savings.

B. Deferred Compensation Plan

As to any Member who participates in the Town's deferred compensation plan, the Town will pay a sum equal to the amount withheld from salary by the Member and contributed to the Plan, up to one hundred dollars ($100) per month. The City Manager may establish reasonable rules and procedures for implementing this plan. If the additional sum contributed by the Town causes the Member's contribution to exceed the maximum amount allowed under federal law as deferred compensation, then such sum shall be reported as taxable income of the Member.

C. Dental, Vision, and Life Insurances

Dental, vision, and life insurance are as provided in the Town's Personnel Policies, except that:

(1) Members hired on or after January 1, 2010, will not receive Town-paid dental benefits upon retirement. Members hired prior to January 1, 2010, will continue to receive Town-paid dental benefits upon retirement to the same extent as other miscellaneous Town employees.

D. Medical Insurance

(1) PEMHCA Minimum Contribution

The Town contracts with PERS pursuant to the Public Employees Medical and Hospital Care Act (PEMHCA) for the purpose of providing eligible Members, dependents and annuitants with access to medical insurance. The Town shall revise its current PEMHCA contract with CalPERS through the adoption of a new PEMHCA resolution to provide that the Town shall pay to PERS, on behalf of each eligible active Member and each retired Member who qualifies for retiree medical benefits, a monthly employer contribution equal to the minimum contribution required under Section 22892(b)(2) of PEMHCA (PEMHCA Minimum). This amount is established by CalPERS and may change annually.

An Annuitant will receive the PEMHCA Minimum regardless of hire date.

Supplemental benefits will be provided to Active Members and Annuitants in accordance with the terms set forth in Sections (2), (3) and (4) below.

Police Communications/Records Association MOU 2025-2027 Page 13

(2) Supplemental Benefit Active Members

The Town offers an Internal Revenue Code Section 125 Plan (Plan) which contains premium conversion, health care reimbursement and dependent care reimbursement as available benefits. The availability of the Plan is contingent on compliance with State and Federal rules and regulations. The Town and Association agree to meet and confer if any part of the Plan is found to be noncompliant regarding a replacement provision. In addition to the PEMHCA Minimum, the Town contributes for eligible Active Members an additional amount to be used to pay for premiums for Health Insurance Coverage through the Plan. The amount of the additional monthly contribution for each Active Member's PERS health insurance premium is based on the date of hire. An Active Member may not use the contribution for other reasons.

(i) Active Members Hired Prior to June 1, 2010 (Tier A)

Active Members hired prior to June 1, 2010, will receive a contribution under the Plan equal to the full cost of the PERS health plan selected, for which he or she and his or her dependents are eligible and enrolled, minus the PEMHCA minimum contribution.

The Town may not require Tier A Active Members to pay or contribute premiums for medical or hospital insurance unless the Town has first met with and obtained the agreement of the Association.
(ii) Active Members Hired on or after June 1, 2010 but on or before June 30, 2012 (Tier B)
Active Members hired on or after June 1, 2010 and on or before June 30, 2012, will receive a contribution under the Plan equal to the cost of the PERS health plan in which he or she and his or her dependents are eligible and enrolled but not to exceed the cost of second most costly plan offered by CalPERS, minus the PEMHCA Minimum. Members may select enrollment in a plan that exceeds the maximum Employer contribution and the difference in cost will be paid by the Member through payroll deductions.

(iii) Active Members Hired on or after July 1, 2012 but on or before December 31, 2016 (Tier C)
Active Members hired on or after July 1, 2012 and on or before December 31, 2016, will receive a contribution under the Plan in the same amount and manner as Active Members described in Tier B (section ii) above. (iv) Active Members Hired on or after January 1, 2017 (Tier D) Police Communications/Records Association MOU 2025-2027 Page 14

Active Members hired on or after January 1, 2017, will receive a contribution under the Plan in the same amount and manner as Active Members described in Tier B (section ii) above.
(3) Supplemental Benefit for Annuitants Originally Hired Before January 1. 2017

In addition to the PEMHCA Minimum, each Annuitant hired by the Town on or before December 31, 2016 is eligible for an Employer contribution, as set forth below, to be used for reimbursement of additional medical costs under a Retiree Health Reimbursement Arrangement (HRA) established by the Employer. Receipt of Reimbursements may be made through a third-party administrator and subject to administrative requirements.
(i) Annuitants Who Were Originally Hired Prior to June 1, 2010 (Tier A) Annuitants hired by the Town prior to June 1, 2010, will receive a monthly HRA contribution equal to the monthly cost of the PERS health plan selected, for which he or she and his or her dependents are eligible and enrolled, minus the PEMHCA Minimum.

The Town may not require Tier A Annuitants to pay or contribute premiums for medical or hospital insurance unless the Town has first met with and obtained the agreement of the Association.
(ii) Annuitants Who Were Originally Hired on or after June 1, 2010, but on or before June 30, 2012 (Tier B)
Annuitants hired by the Town on or after June 1, 2010, but on or before June 30, 2012, will receive an HRA contribution equal to the cost of the PERS health plan in which he or she and his or her dependents are eligible and enrolled but not to exceed the cost of second most costly plan offered by CalPERS, minus the PEMHCA Minimum.
(iii) Annuitants Who Were Originally Hired on or after July 1, 2012 but on or before December 31, 2016 (Tier C)
Annuitants hired by the Town on or after July 1, 2012, but on or before December 31, 2016, who have five years of service with the Town and at least ten years of total PERS service credit, will receive an HRA contribution equal to the "applicable percentage" of the cost of the PERS health plan in which he or she and his or her dependents are eligible and enrolled but not to exceed the cost of the second most costly plan offered by PERS, as adjusted by the "applicable percentage", minus the PEMHCA Minimum.

Police Communications/Records Association MOU 2025-2027 Page 15

The "applicable percentage" shall be determined on the basis of the Annuitant's years of service (with a minimum of five years of service with the Town) pursuant to the following vesting schedule:

CREDITED YEARS OF

SERVICE

APPLICABLE PERCENTAGE
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 or More 100%

This benefit is structured in accordance with the PERS statutory vesting schedule in Government Code Section 22893 such that Tier C Annuitants will receive retiree medical benefits calculated in accordance with the statutory vesting schedule and related provisions of Section 22893, as it may from time to time be amended, provided that only the PEMHCA Minimum will be paid directly to CalPERS and the remaining amount, as described in the first paragraph of this Section (D)(3)(iii), will be provided to Tier C Annuitants in the form of a reimbursement under the terms of the HRA.
(iv) Retiree Health Benefit Preserved in Event of Reinstatement and Subsequent Retirement
In accordance with AB 410 (2013), as codified in Government Code Section 22838, an Annuitant eligible for retiree health benefits pursuant to Section (D)(3)(i), (ii) or (iii) who reinstates from retirement may, upon his or her subsequent retirement, elect to enroll in a health benefit plan approved or maintained by CalPERS as an annuitant of the Town and receive the applicable benefit under Section (D)(3)(i), (ii) or
(iii), if all of the following apply:
(a) The subsequent retirement occurs on or after January 1, 2014; Police Communications/Records Association MOU 2025-2027 Page 16

(b) The Annuitant is eligible for retiree health coverage through the Town prior to reinstatement from retirement;
(c) The subsequent retirement occurs within 120 days of separation; and
(d) The retiree health contribution available from the Town is higher than the retiree health contribution from the employer through which the subsequent retirement occurs.

To the extent that the Town's conversion to the PEMHCA Minimum causes the requirement at (d) above to fail and, as a result, the Annuitant enrolls in a PERS health benefit plan through the subsequent employer, the Town shall cause the difference between the total benefit described in Section (D)(3)(i), (ii) or (iii), as applicable, and the retiree health benefit to which he or she is entitled under the subsequent employer, to be paid to the Annuitant in the form of a reimbursement under the HRA of substantiated expenses for a PERS health insurance plan in which he or she has enrolled.
(4) Retirement Health Savings Program (RHSP)

As soon as administratively possible, the Town will establish a Retirement Health Savings Program (RHSP). The RHSP will use a third-party administrator selected by the town. The design of the RHSP is intended to be a tax advantaged savings plan to be used exclusively for qualifying medical expenses during retirement. (i) Mandatory Participation - Members Hired on or after January 1, 2017 Members hired on or after January 1, 2017 receive a monthly Employer contribution to an individual account under the RHSP. The Town shall contribute to the Member’s individual RHSP account an amount equivalent to two- and one- half percent (2.5%) of the Member’s monthly base salary as shown in the Town’s adopted salary schedule. The base salary for the initial month of service and final month of service shall be prorated based on actual base salary paid in those months.

The member shall contribute to the Member’s individual RHSP account an amount equivalent to two- and one-half percent (2.5%) of the Member’s monthly base salary as shown in the Town’s adopted salary schedule. The base salary for the initial month of service and final month of service shall be prorated based on actual base salary paid in those months.

D. Health Club Membership

Health Club Membership benefits are as provided in the Town's Personnel Policies.

Police Communications/Records Association MOU 2025-2027 Page 17

E. Funeral Expenses

ARTICLE 19- PAYROLL ERRORS

A. To ensure that system or other errors which affect a Members pay are processed in an efficient and effective manner, the Town shall notice the affected Member as soon as practicable.

C. Payroll errors identified by the City Manager or his or her designee will be communicated to the Member either directly or through the Police Chief.

D. Under payments will be processed as soon as practicable.

E. In the event of an overpayment, the City Manager or his or her designee will determine a reasonable repayment schedule and inform the Member of the schedule directly or through the Police Chief. The affected Member shall be given an opportunity to discuss the repayment schedule and, if necessary, to request a reasonable adjustment to it. Factors considered in determining a reasonable adjustment to the repayment schedule include but are not limited to, the Member's normal salary, and other financial obligations of the Member. The Town and the Association agree that the Town will use any and all legal remedies to recover any salary overpayment made to the Member from the Member's wages in the event that (1) the Member does not respond within five working days of being notified of the overpayment or (2) mutual agreement on the repayment schedule is not achieved within ten working days of the Member being notified of the overpayment.

ARTICLE 20 - GRIEVANCE PROCEDURE

Grievance procedures are provided as stated in the Town's Personnel Policies.

ARTICLE 21 - SAFETY VESTS

The parties have met and conferred and agreed to the Town's Safety Vest Policy.

ARTICLE 22 - DEFINITIONS

As used in this Memorandum:

"Base rate" means the hourly rate of pay, by each job classification shown in the tables in Police Communications/Records Association MOU 2025-2027 Page 18

Appendix A of this Memorandum.

Police Communications/Records Association MOU 2025-2027 Page 19

"Personnel Policies" means the provisions, policies and regulations adopted by the City Council as Chapter Three of the Colma Administrative Code, or its successor, and the procedures and regulations adopted by the City Manager to implement the provisions of Chapter Three of the Colma Administrative Code or its successor.

ARTICLE 23 - TRANSITION
A. Upon execution, this Memorandum of Understanding will supersede the Memorandum of Understanding between the parties and for the period from July 1, 2025 through June 30, 2027.

Ill Ill
Ill Ill
IN WITNESS WHEREOF:
12/15/2021
Dated _

DocuSign Envelope ID: E20911B2-2B95-4EEE-8869-26905436F107

Appendix A

June 22, 2025 – an across- the-board wage increase of 2% (Pay date 7/11/2025)
December 21, 2025 – an across-the-board wage increase of 2% (Pay date 1/09/2026)

Res. 2025-__ - CAC Subchapter 3.02 Regarding Compensatory Time Off and Retention Pay Pag e 1 of 3
RESOLUTION NO. 2025-__

OF THE CITY COUNCIL OF THE TOWN OF COLMA
RESOLUTION AMENDING COLMA ADMINISTRATIVE CODE SECTIONS 3.02.290 AND

3.02.305 REGARDING COMPENSATORY TIME OFF AND RETENTION PAY PURSUANT TO CEQA GUIDELINE 15378
The C
ity Council of the Town of Colma hereby resolves:

ARTICLE 1. COLMA ADMINISTRATIVE CODE SUBCHAPTER 3.02 AMENDED Section 3.02.290, of Subchapter 3.02, shall be and hereby is amended to read as follows1:

3.02.290 Compensatory Time Off
(a) The City Manager may allow an employee to take compensatory time off instead of receiving o
vertime pay for overtime work, as provided herein.
(b) Compensatory time off is earned at the same rate as overtime pay. (c) Compensatory time off may be accumulated to a maximum of 48 88 hours to be used by the employee at a later time upon approval of the City Manager except as otherwise defined in any applicable Memorandum of Understanding.
(d) A t any time, an employee may request that all or any part of his or her bank of compensatory time off hours be converted to the equivalent in pay. [History: Res 2025-__, 6/11/25]
ARTICLE 2. COLMA ADMINISTRATIVE CODE SUBCHAPTER 3.02 AMENDED Section 3.02.305, of Subchapter 3.02, shall be and hereby is amended to read as follows:

3.02.305 Retention Pay
Effective in the first pay period after April 10, 2019 July 1, 2025, employees will be eligible for retention pay as follows:

Full-time employees will be eligible for retention pay in the amount of 2.5% for continuous ten (10) years of Town of Colma service, and an additional 2.5% for twenty (20) years of continuous Town of Colma service, to a combined maximum of 5% retention pay. The percentage of retention pay shall be calculated on the employee’s base pay (not including incentive pay or any other differential pay). After the effective date above, employees are eligible for retention pay beginning in the first pay period following their anniversary date in which the employee meets the 10 year or 20 year of continuous Town service. For purposes of this section, “continuous” service shall 1 New language is displayed in underline format and any deletions of existing language are shown in strikethrough.

ATTACHMENT E
Res. 2025-__ - CAC Subchapter 3.02 Regarding Compensatory Time Off and Retention Pay

Page 2 of 3 ends

include vacation, sick leave, other paid time off, as well as Town-approved leaves of absence and other leaves required by law.
(a) Full-time employees will be eligible for retention pay in the amount of 2.5% for continuous 5 years of Town of Colma service, an additional 2.5% for a continuous 10 years of Town of Colma service, an additional 2.5% for continuous 15 years of Town of Colma service and an additional 2.5% for 20 years of continuous Town of Colma service, to a combined maximum of 10% retention pay. The percentage of retention pay shall be calculated on the Members base pay (not including incentive pay or any other differential pay). After the effective date above, Members are eligible for retention pay beginning in the first pay period following their anniversary date in which the employee meets its 5 year, 10 year, 15 year or 20 year of continuous Town service. For purposes of this section, “continuous” service shall include Town- approved leaves of absence and other leaves required by law. (b) Part-time employees will be eligible for retention based on actual hours worked. Once a part-time employee has worked 2,080 hours, the part-time employee will be credited with one year of service credit for purposes of determining eligibility for retention pay. For purposes of applying this provision, “part-time employee” means an employee who normally works a schedule of less than 40 hours per week whether classified as “part-time” or “casual.” For purposes of this section, “continuous” service shall include vacation, sick leave, other paid time off, as well as Town-approved leaves of absence and other leaves required by law. When applying service credit for any approved leaves of absence for part-time and casual employees, only the employee’s anticipated scheduled hours will be credited. For casual employees who work intermittently, any period of the year when work is not assigned will not be counted. [History: Adopted by Res 2019-17, 4/10/19; Reso 2025- , 6/11/25]

ARTICLE 3. SEVERABILITY.

Each of the provisions of this resolution is severable from all other provisions. If any article, section, subsection, paragraph, sentence, clause or phrase of this resolution is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this resolution. The City Council hereby declares that it intended do and would have adopted each and every provision of this resolution independent of any other provision of this resolution.

ARTICLE 4. N
OT A CEQA PROJECT.

The City Council finds that adoption of this resolution is not a "project," as defined in the California Environmental Quality Act (CEQA) because it is more akin to an administrative activity under CEQA Guideline 15378 and does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and concerns general policy and procedure making.

ARTICLE 5. E
FFECTIVE DATE.

This resolution shall be effective upon its adoption by the City Council.

Res. 2025-__ - CAC Subchapter 3.02 Regarding Compensatory Time Off and Retention Pay

Page 3 of 3 ends

//
//
//
Certification of Adoption

I certify that the foregoing Resolution No. 2025-__ was duly adopted at a regular meeting of said City Council held June 11, 2025 by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Ken Gonzalez, Mayor

Carrie Slaughter, Vice Mayor

Helen Fisicaro, Councilmember

Joanne F. del Rosario,
Councilmember

Thomas Walsh,
Councilmember

Voting Tally

Dated ______________________ ___________________________________ Ken Gonzalez, Mayor

Attest: ____________________________
Michelle Estabillo, City Clerk

Ord. No. ___- CMC Section 1.01.050 Regarding Town Holidays Page 1 of 2 ORDINANCE NO.

OF THE CITY COUNCIL OF THE TOWN OF COLMA
O
RDINANCE AMENDING SECTION 1.01.050 OF THE COLMA MUNICIPAL CODE RELATING TO TOWN HOLIDAYS PURSUANT TO CEQA GUIDELINE 15378 The City Council of the Town of Colma does ordain as follows:

ARTICLE 1. CMC SUBCHAPTER 1.01 AMENDED
S
ection 1.01.050 is hereby amended to read as follows1:
1 .01.050 Holidays
(
a) The Town observes and will be closed for business on the following holidays, except for the continuance of essential public services such as police services:
(
1) New Year’s Day,
(2) Martin Luther King, Jr. Day,
(3) President’s Day,
(4) Memorial Day,
(5) Juneteenth
(
6) Independence Day,
(7) Labor Day,
(8) Columbus Day,
(8) V eteran’s Day,
(9) T
hanksgiving Day,
(10) Day After Thanksgiving,
(11) December 24,
(
12) December 25,
(13) New Year’s Eve, and
(14) Any day specially proclaimed by the City Council as a city holiday. (b)
If any of the foregoing holidays except a special holiday proclaimed by the City Council falls on a Saturday, the Town will observe and be closed for business on the preceding Friday. (c
) If any of the foregoing holidays except a special holiday proclaimed by the City Council falls on a Sunday, the Town will observe and be closed for business on the following Monday. [
Reference: Gov't Code § 6700 et seq.] [History: Re-numbered as 1.01.100 by ORD. 643, 4/12/2006, ORD. 653, 2/21/07; ORD. ____, 9/__/24, ORD. ____, 6/11/25] A
RTICLE 2. EFFECTIVE DATE.
1 New language is displayed in underline format and any deletions of existing language are shown in strikethrough.

ATTACHMENT F
Ord. No. ___- CMC Section 1.01.050 Regarding Town Holidays Page 2 of 2 This ordinance, or a summary thereof prepared by the City Attorney, shall be posted on the three (3) official bulletin boards of the Town of Colma within 15 days of its passage and is to take force and effect thirty (30) days after its passage.

ARTICLE 3. SEVERABILITY.

If any provision of this o rdinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of this ordinance that can be given effect without the invalid provision or application and, to this extent, the provisions of this ordinance are hereby declared to be severable.

ARTICLE 4. NOT A CEQA PROJECT.

The City Council’s introduction and adoption of any ordinance is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) as the action does not meet the definition of a “project” under CEQA pursuant to CEQA Guideline 15 378 as it is more akin to an organizational or administrative activity of the Town that will not result in direct or indirect physical changes in the environment.

Certification of Adoption
I certify that the foregoing Ordinance No. ___ was duly introduced at a regular meeting of the City Council of the Town of Colma held on June 11, 2025, and adopted at a regular meeting of the City Council of the Town of Colma held on ________________, 2025, by the following vote:

Name Voting Present, Not Voting Absent
A ye No Abstain Not Participating
Ken Gonzalez, Mayor
Carrie Slaughter, Vice Mayor
Helen Fisicaro, Councilmember
Joanne F. del Rosario,
Councilmember
Thomas Walsh,
Councilmember
Voting Tally
D
ated: ____________________ _____________________________________ Ken Gonzalez, Mayor
At
test: ______________________________
Michelle Estabillo, City Clerk

Colma City CouncilJune 11, 2025

Colma City Council
June 11, 2025