Cities Index.
Agenda packet, regular meeting, first session

Colton City Council
October 6, 2026

Document
Agenda packet, regular meeting, first session
Meeting
October 6, 2026
Body
Colton City Council
Pages
534
Original file
23.3 MB
Text extracted from the city's file for reading and search. Open the original on coltonca.api.civicclerk.com. That file is the official record.
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Shop Stewards are also permitted to be released from work if they receive permission from their supervisor for the purpose of representing a member in the processing of (discussing, planning, preparing and participating in meetings with City representatives) grievances. Only one Shop Steward is permitted to participate in one of these types of meetings.

If a Union representative, including a Shop Steward, wants to meet with members of the Union for any other purpose, such meeting must take place during off duty hours or while the employee and if the representative is an employee, is on their lunch break.

ARTICLE II

COMPENSATION
SECTION 1: SALARY
All employees in the above-represented classifications shall receive a base salary as set forth in the Pay and Classification Plan for the City of Colton.

Effective the first full pay period after July 1, 2026, employees in the above represented classifications shall receive a three percent (3%) across the board salary increase for all unit members.

Effective the first full pay period after July 1, 2027, employees in the above represented classifications shall receive a three and one-half percent (3.5%) across the board salary increase for all unit members.

Effective the first full pay period after July 1, 2028, employees shall receive a four percent (4%) across the board salary increase for all unit members.

SECTION 2: OVERTIME

1. Rest Period
A. An employee who works sixteen (16) consecutive hours shall earn an eight (8) hour rest period.

B. An employee shall be compensated at their regular rate of pay for all regularly scheduled work time, which falls while that employee is off on their rest period.

2. Overtime Pay
All employees required to work in excess of 40 hours in a seven (7) day work period shall receive compensation at the rate of one and one-half (1.5) their regular rate of pay.

The City will pay overtime worked by employees in the unit at the rate of 1.5 (one and onehalf) with a $1.00 differential for overtime worked between the hours of 10 p.m. and 4 a.m.

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In determining an employee’s eligibility for overtime, paid leaves of absences shall be included in the total hours worked. There shall be no pyramiding of overtime. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked.

Overtime shall be recorded and paid in minimum increments of 15 minutes.

3. Compensatory Time Off
Effective the first full pay period after City Council approval of the MOU, in lieu of receiving overtime pay pursuant to Section 4.2 above, full-time employees may elect to accrue up to 120 hours during the calendar year on a premium rate basis. Employees may bank up to 120 hours accrued and may cash out up to 40 hours once per calendar year.

All hours in excess of the maximum number accruable shall be paid at one and one-half (1.5) the regular rate of pay.

An employee may use such compensatory time within a reasonable period after making the request if the use of compensatory time does not unduly disrupt the operations of the department.

4. Compensatory Time Cashout
Employees may bank up to the 120 hours accrued and may cash out up to 40 hours once per calendar year subject to the following provisions to address the IRS concept of Constructive Receipt:

Employees may make a written election to cash out some or all of the leave pay that the employee will accrue in the following year, subject to the provisions/limitations for cashouts/buy backs in this MOU. Such election to cash out leave pay must be made by the employee on or before December 31st of the year prior to the employee’s payout date for the leave pay being cashed out/bought back. Such election will be irrevocable once made.

The payout date for the cashed out/buy back leave pay will be in the first full pay period after December 1 of each year, and must be a date by which the employee will have accrued in such payroll year leave pay which equals or exceeds the amount of leave pay which the employee has elected to cash out.

5. Overtime Authorization
All overtime requests must have the authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Calls for service beyond the end of duty time are considered as authorized.

An employee’s failure to obtain prior approval may result in the denial of the overtime request.

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6. Training And Travel Time
Training time outside normally scheduled work hours shall be compensated pursuant to the Code of Federal Regulations 29 CFR.

Travel time outside normally scheduled work hours shall be compensated pursuant to the Code of Federal Regulations. When feasible, the department will adjust the employee’s work schedule to minimize the impact of travel and training time.

7. City Vehicle Use
Employees who are provided with a City vehicle to travel to and from their regular work site shall not be compensated in any manner whatsoever for such travel time in the City vehicle.

No employee other than those on authorized standby duty will be allowed to take a City vehicle home if the distance is greater than 15 miles one way.

City vehicles are an extension of City buildings. There is no smoking allowed in City buildings, or in City-owned vehicles. The employee is also required to wear a seat belt when driving and/or riding in City-owned vehicles, and follow all laws of the road.

8. Call Back Pay
Call back duty occurs when a full-time employee is ordered to return to duty on a non-regularly scheduled work shift. Call back does not occur when an employee is held over from the prior shift or is working prior to their regularly scheduled shift on a preplanned basis. An employee called back to duty shall be credited with two (2) hours in addition to actual time worked.

Actual time shall be calculated from the time employee arrives at work site until completion of work. An employee will also be credited with a total of one (1) hour at one and one-half (1.5) to cover travel to and from the work site.

An employee on call back shall not be eligible for an additional call back bonus of two (2) hours if the employee is dispatched to another call prior to returning to their residence.

9. Standby Pay
Effective the first full pay period after City Council approval of the MOU, a full-time employee on standby will be provided with a City cell phone to be reached while on standby. An employee shall respond within 30 minutes, and report to the incident at the City within one (1) hour.

Standby pay shall be earned by each full-time employee working regularly scheduled ten (10) hour days from Thursday at the end of the working day, for a period not to exceed seven (7) days unless extended by a holiday. The City shall pay an employee on standby two (2) hours straight time of compensatory time off for each day they are on standby, not to exceed seven (7) days unless by a holiday, for a maximum of fourteen (14) hours of standby pay. When a City recognized holiday falls during the standby week, the employee shall earn an additional

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ten (10) hours straight time of compensatory time off. Such compensatory time off shall be used according to Section 3 above.

SECTION 3: ACTING PAY
Any employee assigned to work in a higher classification for a period of 39 consecutive work hours or more, shall receive compensation from the first hour at equal step of the pay range of the acting position or five percent (5%), whichever is higher. Regularly scheduled holidays shall be counted as “work hours” for the purpose of qualifying for acting pay only. All other leaves’ hours shall not count as “work hours” for the purpose of qualifying for acting pay. No increase in benefits is to be provided to an employee in acting pay status. Duration of assignment shall not exceed six (6) months. This may be extended for an additional six (6) month period upon mutual agreement between the employee and City, and only due to extenuating circumstances. Employees in a probationary status shall not be eligible to be assigned to acting assignments.

The City agrees that represented employees working out-of-class shall be properly trained prior to out of class assignment.

Acting appointments shall be made based on the needs of the City. Appointees shall meet the minimum qualifications for the position whenever possible. Eligible employees’ experience and job knowledge shall be given major consideration before an appointment is made. Employees working out-of-class in a position outside of the Teamsters General Unit, may only be made by the Department Head or designee and; when the higher-level position is vacant, or due to vacations.

Eligible employees’ experience and job knowledge shall be given major consideration before an appointment is made. Employees in a probationary status shall not be eligible to be assigned to acting assignments.

Duration of an assignment not to exceed one calendar year except with a written agreement between the employee and Department Head may extend additional six (6) months.

The Department Director shall post a notice on bulletin boards which employees have access to of the intent to make such an appointment at least one week prior to making an acting appointment.

Employees shall advise the Department Director in writing if they are interested in being considered for such an appointment. The Department Director shall be under no obligation to interview all such employees prior to making an acting appointment; however, if interviews are held, all interested employees who meet the minimum qualifications shall be interviewed. This provision shall not apply in cases of emergency.

SECTION 4: LONGEVITY PAY
Employees who have three years and six months (3 ½), years of City service and who have been at “E” Step for two years (five years and six months (5 ½) years minimum) and have received satisfactory performance evaluations for both years at “E” Step shall receive a one-time two percent (2%) longevity adjustment.

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Any employee who is promoted, transferred, and/or demoted within the General Unit will retain the two percent (2%) longevity pay that is earned in a prior position with the City. If an employee is promoted, transferred, and/or demoted outside of the General Unit they will no longer receive the two percent (2%) longevity pay.

SECTION 5: EDUCATION & CERTIFICATE INCENTIVE PAY
Effective the first full pay period after July 1, 2021, the City agrees to pay an additional five percent (5%) of base pay (non-cumulative) for one (1) of the following:
• Any certificate from an accredited college or university above or beyond that which is required as part of the minimum requirements for the job when it enhances an employee’s ability to perform the normal job functions of their position. The incentive pay must be tied to the job description and is subject to confirmation by the City that the education enhances an employee’s ability to perform the normal job functions of their position; or
• Any Associate of Arts degree, Bachelor’s degree, or Master’s degree from an accredited college or university above or beyond that which is required as part of the minimum requirements for the job when it enhances an employee’s ability to perform the normal job functions of their position. The incentive pay must be tied to the job description and is subject to confirmation by the City that the education enhances an employee’s ability to perform the normal job functions of their position; or • Any license (generally accepted within the respective field) above or beyond that which is required as part of the minimum requirements for the job. The incentive pay must be tied to the job description and is subject to recommendation by the Department Director with approval by the Human Resources Director or designee and the City Manager.

For example: the Accountant position in the City requires a higher education degree, preferably a bachelor’s degree. If an Accountant obtains a certificate in accounting (usually 12 units) this would not qualify for the incentive pay as the education component is already inherent within the job requirements. However, if an Accounting Technician I were to receive a generally accepted accounting certificate from a college or university, the incentive pay may be considered as appropriate since an education preference is not inherent within the job requirements and would enhance an employee’s ability to perform their normal job functions.

To the extent that compensation for a degree or certificate qualifies as “educational incentive” special compensation under Title 2 California Code of Regulations sections 571 and 571.1 of the Public Employees’ Retirement Law, it shall be reported to CalPERS as additional compensation for use in retirement calculations. However, any compensation paid to an employee that is related to any license pay as described in the paragraph above shall not be reported as additional compensation to CalPERS, since it does not meet the definition of “educational incentive.” Incentive Pay is non-cumulative and the maximum compensation an employee is eligible to receive is five percent (5%).

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SECTION 6: SPECIAL ASSIGNMENT COMPENSATION
Employees who have been given a temporary assignment involving the performance of more difficult duties and requiring a greater level of skill(s) or duties outside of their classification may be granted additional compensation.

The duration of such assignments is not intended to exceed one (1) year. This provision shall not be used to circumvent the merit system of promotions or the provisions for reclassification. The specific, temporary assignment duties must be identified in writing prior to the start of the assignment.

Special Assignment Compensation shall be awarded in pay period increments and in the form of a specified percentage of the employee’s base pay. The Human Resources Director will determine the amount in increments of one percent (1%) from a minimum of two percent (2%) up to a maximum of five percent (5%).

The additional compensation will be computed at the specified percentage of the current base pay of the employee for each pay period. Such increases in pay shall not affect an employee’s step advancement in the base range.

Requests for Special Assignment Compensation may be initiated by the City or by the employee via their supervisor.

The City bears the responsibility for initiating the compensation request in a timely manner and adhering to the compensation provisions defined in this Article. The employee’s supervisor shall review and approve the request in advance of the date the employee begins the assignment. A special assignment will only begin with the Human Resources Director’s signed approval, written description of the assignment, agreement of the amount of additional compensation, anticipated duration of assignment and signed acceptance by the employee.

SECTION 7: BILINGUAL PAY
The City agrees to pay $100 per month ($50 to be paid on the first two pay periods of the month) to employees who successfully complete a bilingual examination. Eligible employees recommended and approved by the Department Director and the Human Resources Director.

When the skill is no longer needed or the employee is not required to use it or ceases to possess it, the Department Director shall terminate the bilingual compensation by written notice to the Human Resources Director. The bilingual pay is tied to the classification rather than the individual employee and will terminate if the employee moves to a new classification.

SECTION 8: PROMOTIONS
Bargaining unit employees promoted pursuant to a promotional examination, as defined by Rule VI, Section 2 of the City’s Personnel System Rules and Regulations, to a higher class within the General or Mid Manager bargaining units shall be placed at a step in the new position’s pay range

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that is at least ten percent (10%) higher than their salary or wage in the prior position, not to exceed top step of the new position.

SECTION 9: WORK PERFORMANCE EVALUATIONS
Employees shall be evaluated on an annual basis and receive merit increases if eligible and upon satisfactory performance or meets standard evaluation. If an employee’s performance evaluation (EVAL) is not completed within sixty (60) calendar days of the employee’s annual EVAL date, the employee shall receive their merit increase automatically on the next pay period following the sixty (60) days so long as the employee has completed their EVAL self-assessment. The 60-day period begins either on the employee’s evaluation anniversary date or the date of completion of their employee EVAL self-assessment, whichever is later.

SECTION 10: UTILITY CREDIT
All General Unit employees who reside within the City of Colton limits shall receive $100 per month per employee household as a credit against the cost of electric and water service during the time the employee(s) reside in the City. To qualify for the credit the employee must present proof of residency and the utility bills must be under their name. The employee(s) must recertify every year.

The method of receiving the credit will be through payroll deduction as taxable earnings.

SECTION 11: HAZARD PAY
If the City seeks or applies for any federal, state, county, or grant funding related to services for the unhoused or homeless population, it shall review all available grant opportunities to determine whether the grant authorizes or provides funding for hazard pay for employees assigned to the cleanup of homeless encampments or other areas requiring cleanup associated with unhoused or homeless individuals. If such grant funding is available and awarded, the City agrees to meet with Teamsters Local 1932 regarding the implementation of any hazard pay authorized under the grant, consistent with the terms and conditions of the grant and applicable law.

SECTION 12: RETROACTIVE PAY CALCULATIONS
Retroactive pay calculations are paid on the base rate of pay as of the effective date of the increase.

However, the City and Association have agreed to a one-time bonus payment in lieu of retroactive payments for all Association members. It is agreed and understood that the one-time bonus payment shall be taxed but shall not be reported to CalPERS for retirement calculations or any other purposes. It is also agreed and understood that the one-time bonus payment is intended to avoid the tedious task of calculating each individual member’s retroactive pay effective July 1, 2026. It is further agreed and understood that no employee in this bargaining unit will receive a separate retroactive payment concerning any of the salary and/or incentive pay increases in this MOU effective July 1, 2026, including but not limited to, retroactive payments for any overtime worked between July 1, 2026 and the implementation date of this MOU is expected to be the first

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full pay period after City Council approval on October 6, 2026. The following one-time bonus amount has been agreed to with the understanding that this MOU will be reviewed and approved by City Council on October 6, 2026 and the MOU terms will be implemented the first full pay period after City Council approval: all Association members in this bargaining shall receive a onetime bonus of two thousand three hundred dollars ($2,300).

ARTICLE III

FRINGE BENEFITS
SECTION 1: HEALTH INSURANCE
The City participates in a Section 125 Cafeteria Plan from which employees can choose medical, dental and/or vision insurance. In addition, supplemental insurance opportunities will be provided, in order for employees to purchase supplemental medical insurance and childcare coverage.

Effective the first full pay period after the MOU is approved by City Council, the monthly cafeteria benefit will increase to $1,800 per month.

Effective January 1, 2027, the monthly cafeteria benefit will increase to $1,900 per month.

Effective January 1, 2028, the monthly cafeteria benefit will increase to $2,000 per month.

EMPLOYEES HIRED BEFORE MAY 1, 2018
For employees hired on or before May 1, 2018, employees who provide the City with satisfactory proof of alternate group health coverage comparable to the City’s offered health insurance plans can decline, in writing, coverage on the City’s medical insurance plans. The alternative health coverage must meet all requirements of the Affordable Care Act (ACA) and related regulations for an eligible Opt-Out Arrangement. In those instances, where the employee’s medical insurance premium is less than the City’s monthly contribution, the difference between said cafeteria dollar amounts shall be provided in the form of bi-monthly cash disbursements (payable 24 times per year). Cash disbursements to the employee are subject to being taxed, pursuant to the appropriate tax codes.

EMPLOYEES HIRED AFTER MAY 1, 2018
Employees hired on or after May 1, 2018, shall have a maximum cap of $500 for cash-in-lieu or for the difference between the medical insurance premium and the cafeteria dollar amount.

SECTION 2: RETIREMENT
The City shall provide retirement benefits through the California Public Employee Retirement System (CalPERS) as follows:

1. “Classic” employees shall pay the eight percent (8%) of employee/member portion of the required PERS retirement contributions. “New” members shall pay the amount set by PERS as their share of the normal cost.

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2. Any unit member that established CalPERS membership prior to the implementation of the Public Employees’ Pension Reform Act of 2013 (PEPRA) in connection with City employment or that otherwise establishes “classic member” status, as defined in Section 579.1 of the California Code of Regulations, shall be subject to one of the following prePEPRA retirement formulas:

A. Employees hired prior to June 1, 2012: 2.7% at 55.

B. Employees hired on or after June 1, 2012: 2.5% at 55.

3. Any unit member who is considered a “new member” hired on or after January 1, 2013, as defined in PEPRA shall be subject to the PEPRA retirement formula for miscellaneous members, which is 2% at 62.

SECTION 3: PERS 4

TH LEVEL SURVIVOR BENEFIT
The City will provide CalPERS 4th Level Survivor benefits to all Unit employees.

SECTION 4: RETIREES’ HEALTH INSURANCE PARTICIPATION
EMPLOYEES HIRED PRIOR TO DECEMBER 31, 2013
Members of this unit who retire from the City, may enroll in the City-provided health insurance plan of the employee’s choice. Employees who retire with the City shall be eligible to have their premiums paid for by the City up to Medicare age up to the applicable maximum cafeteria benefit set forth below (and no greater than $1,225). After the retiree reaches Medicare age, the retiree can maintain health insurance with the City, but the retiree must pay the premiums. If the retiree is ineligible for Medicare benefits, the City will continue to pay the premiums, as long as the employee remains insurable. For all other employees and their spouses’ all premiums required by their participation in such health insurance plan shall be paid by the employee. Participation in any health insurance plan is contingent upon the health insurance carrier approving the enrollment of a retired employee or spouse.

Employees will have the option to choose the City’s provided health insurance plan using the graduated scale below.

Years of
Service
Percentage of Cafeteria
Dollars
Years of
Service
Percentage of Cafeteria
Dollars
5 30% 18 56%
6 32% 19 58%
7 34% 20 60%
8 36% 21 62%
9 38% 22 64%
10 40% 23 66%
11 42% 24 68%
12 44% 25 70%
13 46% 26 72%

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Years of
Service
Percentage of Cafeteria
Dollars
Years of
Service
Percentage of Cafeteria
Dollars
14 48% 27 74%
15 50% 28 76%
16 52% 29 78%
17 54% 30 80%
The retiree may use the allotted dollar amount to purchase medical insurance for themselves and dependents. The percentage is based on the monthly Cafeteria Plan allowance for active City employees. The dollar amount may fluctuate in future years based on the Cafeteria Plan allowance determined by City Council. However, the dollar amount will never go below the amount the employee will receive when the employee retires. The dollar amount will be no greater than $1,225 per month.

The City will provide the retiree’s health insurance benefit through City provided medical insurance as described above, to retirees who move outside of California and enroll in a City provided health insurance plan. The City will reimburse the retiree monthly allowance as stated above.

If the premium cost is less than the amount allocated by the formula, the retiree does not receive the difference. Additionally, there is no opt-out money paid to the retiree.

The retiree will provide CalPERS with all documentation required for any qualifying event within the time limits governed by CalPERS.

FOR ALL EMPLOYEES HIRED ON OR AFTER DECEMBER 31, 2013
For employees hired on or after December 31, 2013, the City’s contribution for employees will be capped at $500.00 per month upon retirement.

ALL EMPLOYEES HIRED ON OR AFTER MAY 1, 2018
For employees who are hired on or after May 1, 2018; the City shall contribute the mandated minimum sum as required per month toward the payment of premiums for retiree medical health insurance under the PEMHCA program. As the mandated minimum is increased, the City shall make the required adjustments.

SECTION 5: TERM LIFE INSURANCE
The City shall provide a total of $50,000 term life insurance for each represented full-time employee effective the first of the month following the date of hire.

SECTION 6: SHORT AND LONG TERM DISABILITY

SHORT TERM DISABILITY
The City shall provide to each represented full-time employee a short-term disability program. The terms of the plan shall be more fully set forth in the plan documents. The elimination period is defined as the first continuous 30 calendar days of each period of total disability. The disability

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shall be provided for up to six (6) months of coverage at 66 2/3% of the amount allowed by law and contract with provider of the employee’s weekly pre-disability earnings, reduced by any deductible income. The employee may choose to supplement the disability allowance with accumulated paid leave up to a maximum of 100% of base salary including the disability allowance.

LONG TERM DISABILITY
The City shall provide to each represented full-time employee a long-term disability program. The terms of the plan shall be more fully set forth in the plan documents; however, it shall provide coverage at 66 2/3% of the amount allowed by law and contract provider of the employee’s monthly pre-disability earnings, reduced by any deductible income. The elimination period is defined as the first 180 calendar days of each period of total disability. The employee may choose to supplement the disability allowance with accumulated paid leave up to a maximum of 100% of base salary including the disability allowance.

SECTION 7: TUITION REIMBURSEMENT

ALL NON-PROBATIONARY EMPLOYEES
The City shall reimburse employees up to $2,500 per employee, per fiscal year, for 100% of costs for tuition and books incurred for job-related education. The Department shall budget all necessary expenses to fund tuition reimbursements for the General Unit. Such expenditure must enhance the furtherance of City or continuing educational goals. Requests for such reimbursement must be submitted after successful completion of the course(s) and must be approved first by the Department Director, then by the Human Resources Director. Employee initiated educational or area development shall not be considered as time actually worked for purposes of computing overtime and normally shall not occur during regular work hours. Administration Policy 4.05.310 shall be the procedure utilized during the term of this contract. This section shall not be construed to eliminate employer sponsored training for the maintenance of certifications required by the City or any other jurisdiction.

SECTION 8: UNIFORMS
When the City furnishes uniforms to employees, such uniforms shall be worn at all times during working hours.

1. Boots:

The City will furnish safety work boots/shoes to each affected employee for whom safety work boots/shoes are required, to be determined by the Department.

The City will provide an annual allowance of four hundred dollars ($400) to each Teamsters Local 1932 unit member for whom safety boots/shoes are required. Payout will be under separate check to each employee.

2. Uniform Replacement:

The City will furnish to each affected employee five (5) uniforms each year. The uniforms

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shall be replaced during the year for damage occurring in the line of duty, with approval of the Department Director. Uniforms will not be worn while off duty.

3. Color:

Streets/Parks Divisions
Shirts: International Orange Pants: Brown
Auto Shop and Divisions
Shirts: Light Blue Pants: Blue
Building Maintenance Division
Shirts: Dark Blue Pants: Dark Blue

4. Style
Shirts - short sleeve or long sleeve option of the employee unless required by rule, ordinance or State and Federal laws.

5. Uniform Allowance
In lieu of the annual uniform allocation, affected employees shall receive upon request, a uniform allowance equal to the cost for allowed uniforms as set forth in the Uniform Replacement Section above. This allowance shall be used for the purchase of new uniforms, as required, and/or approved uniform accessories as follows:

A. Jacket: light weight or heavy weight with City of Colton logo.

B. Cap: color coordinated with uniform with City of Colton logo.

C. Footwear: boot or work shoe.

D. T-shirts: colors as set forth by the Department Director.

6. Uniform Allowance
The monetary value for the rental, purchase, and maintenance of the uniforms provided shall be reported to CalPERS as compensation. Government Code Section 20636 and CCR Section 571 require that the monetary value for the purchase, rental, and/or maintenance of required uniforms be reported as special compensation for classic members. For applicable positions requiring uniforms, the value of the uniform shall be reported to CalPERS on behalf of eligible employees at $15.38 per pay period in accordance with applicable CalPERS requirements and pursuant to the Public Employees’ Pension Reform Act (PEPRA).

7. Partial Reimbursement of Prescription Glasses
The City will reimburse, up to $200 maximum, all members who are required to wear safety

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glasses and/or shields by the City if they damage their prescription glasses while utilizing the required safety glasses and/or shield to cover to assist with the replacement of prescription glasses.

SECTION 9: SOCIAL SECURITY
The City no longer participates in the Federal Social Security Program as of December 31, 1979.

In the event the City and its employees are required to participate in the Federal Social Security Program, the contribution designated by law to be the responsibility of the employee shall be paid in full by the employee and the City shall not be obligated to pay or “pick up” any portion thereof.

Nothing herein shall prevent Teamsters Local 1932 from requesting the City to meet and confer on the possible “pick up” of the employees’ contribution. Upon such request by the Union, the City agrees to meet and confer with Teamsters Local 1932.

SECTION 10: MEDICARE
Employees hired by the City on or after April 1, 1986, shall be required to pay the designated employee contribution to participate in the Medicare Program, and the City shall be under no obligation to pay or “pick up” any such contributions.

ARTICLE IV
LEAVES
SECTION 1: VACATION

1. Accrual
All full-time employees shall accrue vacation time in accordance with the following:

During Years of
Continuous
Service
Hours of Accrual
Per Month of
Service
Annual
Accrual
Maximum Accrual
Accumulation
0 months-5 6-2/3 80 160
6-10 10 120 240
11 10-2/3 128 256
12 11-1/3 136 272
13 12 144 288
14 12-2/3 152 304
15+ 13-1/3 160 320
Accruals shall be on a monthly basis in accordance with the above chart. Vacation leave accrual ceases when maximum accrual is reached. Vacation accrual may be accumulated to

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not more than the appropriate maximum accumulation except upon written request of the affected employee and approval of the City Manager. In this event, an employee may be permitted to exceed the maximum accumulation by an amount not in excess of the accrual for a four-month period.

Effective the first full pay period after City Council approval of this MOU, a new employee with previous public sector Agency or County employment periods, during which vacation was accrued, will be considered as continuous service for the purpose of computing the vacation rate upon hire.

2. Use
It is the intent that vacation time be used in time increments sufficiently long enough to permit the employee an adequate period of rest. The use of vacation time in less than weekly increments is to be discouraged. In no event may vacation be taken in increments of less than one hour nor for a period exceeding the number of accrued whole days, except upon the recommendation of the Department Director. The City Manager may authorize an eligible employee to incur a negative vacation balance of up to 40 hours. Vacation shall not be taken during the first six months of service.

Vacations shall be taken at times determined by the Department Director with due regard for the wishes of the employee and for the needs of the City.

No person shall be permitted to work for compensation for the City during vacation except with prior approval of the City Manager.

3. Vacation Sell Back
Effective July 1, 2026, any employee with an accrued vacation balance in excess of one hundred twenty (120) hours, shall be allowed to sell back up to eighty (80) hours of accrued vacation subject to the following provisions to address the IRS concept of Constructive Receipt:

Employees may make a written election to cash out some or all of the leave pay that the employee will accrue in the following year, subject to the provisions/limitations for cashouts/buy backs in this MOU. Such election to cash out leave pay must be made by the employee on or before December 31st of the year prior to the employee’s payout date for the leave pay being cashed out/bought back. Such election will be irrevocable once made.

The payout date for the cashed out/buy back leave pay will be in the first full pay period after December 1 of each year, and must be a date by which the employee will have accrued in such payroll year leave pay which equals or exceeds the amount of leave pay which the employee has elected to cash out.

4. Accumulated Hours At Termination
An employee who terminates employment shall be paid for all credited or accrued vacation.

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SECTION 2: HOLIDAYS

1. City Observed Holidays
Each full-time unit member working regularly scheduled 8-hour days shall receive the following 8-hour holidays off unless otherwise noted:

New Year’s Day
Martin Luther King’s Birthday
Lincoln’s Birthday (to be observed as the Friday preceding Presidents’ Day) Presidents’ Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans’ Day (to be observed as the second Monday in November) Thanksgiving Day
Day after Thanksgiving
Christmas Eve (10 hours)
Christmas Day
New Year’s Eve (10 hours)
Sixteen (16) Floating Holiday hours accrued each July 1st Each full-time unit member working a 4/10 schedule shall receive the following 10-hour holidays off:

New Year’s Day
Martin Luther King’s Birthday
Presidents’ Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans’ Day (to be observed as the second Monday in November) Thanksgiving Day
Christmas Eve
Christmas Day
New Year’s Eve
Twenty (20) Floating Holiday hours accrued each July 1st Floating Holiday hours that are not used by the end of each fiscal year will be cashed out in the first pay period following June 30 (at end of fiscal year). The cash value shall be computed as the hourly equivalent of the employee’s base salary at the time of cash-out.

When one of the above holidays employees on a 4/10 workweek have falls on Friday, the preceding Thursday shall be treated as a paid holiday. When a holiday falls on a Saturday, 10

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hours shall be added to the employee’s floating holiday bank. When a holiday falls on Sunday, the following Monday shall be treated as a paid holiday.

Employees working regularly scheduled 8-hour days will receive 8 hours pay when taking Christmas Eve or New Year’s Eve off and 2 hours will be added to their floating holiday bank to be used the same as stated above. If Christmas Eve or New Year’s Eve fall on a regularly scheduled day off, 10 hours shall be added to the floating holiday bank to be used the same as stated above.

SECTION 3: SICK LEAVE
A. Accrual
Sick leave with pay shall be granted by the appointing authority at the rate of eight hours for each calendar month of service to all full-time employees. Sick leave shall not be considered as a privilege that an employee may use at his/her discretion, but shall be allowed only in case of necessity and actual sickness or disability. Unused sick leave shall be accumulated at the rate of 96 hours a year for full-time employees. There shall be no limit on the amount that can be accumulated.

B. Sick Leave Sell Back
The City agrees to sell back up to eighty (80) hours per year of sick leave at 110% of the regular rate of pay per calendar year. Employees must have used less than 49 hours of sick leave during the prior calendar year. Employees must have a minimum remaining balance of forty (40) hours of sick leave to be eligible for this benefit subject to the following provisions to address the IRS concept of Constructive Receipt:

Employees may make a written election to cash out some or all of the leave pay that the employee will accrue in the following year, subject to the provisions/limitations for cashouts/buy backs in this MOU. Such election to cash out leave pay must be made by the employee on or before December 31st of the year prior to the employee’s payout date for the leave pay being cashed out/bought back. Such election will be irrevocable once made.

The payout date for the cashed out/buy back leave pay will be in the first full pay period after December 1 of each year, and must be a date by which the employee will have accrued in such payroll year leave pay which equals or exceeds the amount of leave pay which the employee has elected to cash out.

C. Sick Leave Reports
In order to receive compensation while absent on sick leave, the employee will phone within one (1) hour (60 minutes) with personal contact to the supervisor or department contact; if no response from either, voice mail will be allowed. The employee will leave a phone number where he/she can be called (in case of a medical emergency, the name of the hospital will suffice). When absence is for more than three workdays, the employee shall file a

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physician’s certificate or a personal affidavit with Human Resources stating the cause of the absence. The supervisor will notify Human Resources of employees who have been absent for three (3) consecutive days.

D. Family Attendance
Employees shall have the option of using sick leave for attendance to family members, or the employee may elect to take leave without pay for attendance to family members. Family members include employee’s father, stepfather, father-in-law, mother, stepmother, motherin-law, brother, sister, wife, husband, child, stepchild, grandparent, grandchild.

E. Accumulated Hours At Termination
Except as set forth below, all accrued sick leave is lost when an employee is terminated for cause. In no event shall employees who have not worked for the City as regular full-time employees for more than five (5) continuous years be entitled to use sick leave to defer termination of their employment by the City, nor shall they be compensated for sick leave upon such termination for any reason including but not limited to retirement.

Notwithstanding the above, bargaining unit members with more than five (5) consecutive years of City employment who separate or are terminated for any reason other than a “for cause” termination shall be compensated for their accumulated, unused sick leave by payment in a lump sum. That sum is determined by the following formula:

The number of hours of sick leave accrued and unused, multiplied by their hourly earnings at the time of termination, multiplied by a percentage as follows:

If employed more than five (5) years, but less than ten (10): 10% If employed ten (10) years, but less than fifteen (15): 25% If employed fifteen (15) years, but less than twenty (20): 50% If employed twenty (20) years or more: 75%
“Years” as used above means continuous years of employment with the City.

The cash value shall be computed at the employee’s hourly rate in existence at the time the monies are disbursed.

Bargaining unit members terminated for cause shall not be entitled to cash out any accumulated, unused sick leave.

SECTION 4: BEREAVEMENT LEAVE
A total of 80 hours of bereavement leave to be used as follows:

Up to 40 hours per occurrence, two occurrences each fiscal year, may be taken by full-time employees with pay as bereavement leave in the case of the death of the eligible employee’s father,

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stepfather, mother, stepmother, brother, stepbrother, sister, stepsister, wife, husband, domestic partner (so long as required by law), child, stepchild, foster child or ward of the court, grandchild, grandparent, and reproductive loss. These hours shall not be eligible to be carried forward beyond the fiscal year. The City reserves the right to require reasonable verification of the need for such leave.

Up to 20 hours per occurrence, up to four occurrences each fiscal year, (not to exceed 80 hours) each fiscal year, may be taken by full-time employees with pay as bereavement leave in the case of the death of the eligible employee’s father-in-law, mother-in-law, brother-in-law, sister-in-law, or grandparent of spouse, uncle, aunt or uncle and aunt of spouse, niece, nephew.

SECTION 5: MEDICAL LEAVE OF ABSENCE
A medical leave of absence is defined as an approved medical leave (i.e., FMLA, CFRA, ADA, etc.) for regular full-time employees. A medical leave of absence without pay is defined as employees who have exhausted all accrued leaves and requested leave of absence without pay.

Employees on an approved medical leave of absence shall continue to receive City paid health, dental, vision, life and long-term disability insurance provided they remain in paid status for a minimum of 80 hours in each calendar month. Any combination of accumulated vacation, holiday, administrative leave, sick, or compensatory time may be utilized in order to achieve the 80-hour requirement. Accrual of leave while on medical leave of absence shall be pro-rated based on the number of compensable hours paid during each pay period. Workers’ compensation and disability payments may not be applied towards this 80-hour minimum.

No Cafeteria Plan will be paid to an employee while on medical leave of absence after the employee exhausts all accrued leaves and is in “medical leave of absence without pay” status.

If an employee on medical leave of absence is not in paid status for at least 80 hours in any month, City contribution towards the above-mentioned benefit programs will be suspended beginning the following month for the duration of the leave of absence. In this case, the employee may continue coverage under the City sponsored programs by making the full premium payments to CalPERS or third-party administrator for COBRA benefits. In no event will insurance premiums be pro-rated.

SECTION 6: INDUSTRIAL INJURY LEAVE/INSURANCE PREMIUMS
The City will pay the insurance premiums for employees on leave of absence due to industrial injury. Payment of insurance premiums will include health, dental, life and optical.

ARTICLE V

WORKING CONDITIONS
SECTION 1: WORK HOURS
The ability to “trade” Fridays worked will be available subject to the following conditions:

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The practice of shift trading shall be voluntary on behalf of each employee involved in the trade.

An employee must have supervisory approval prior to being allowed to trade shifts. The trade must be due to the employee’s desire or need to attend to a personal matter and not due to the department’s operations. The employee providing the trade shall not have his/her compensable hours increased as a result of the trade; nor shall the employee receiving the trade have his/her compensable hours decreased as a result of the trade. Any hours worked beyond the normal workday will be credited to the individual actually doing the work. “Paybacks” of shift trades are the obligation of the two employees involved in the trade. Any dispute as to the paybacks is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties. If one individual fails to appear for the other (regardless of reason), the person who “traded in” will be listed as absent without leave and may be subject to disciplinary action.

SECTION 2: SHIFT CHANGE
Employees shall be given a minimum of two (2) weeks’ advance notice of a shift change, except in case of emergency. Department Directors shall consider the needs of the City and the employee in making assignments.

SECTION 3: EMERGENCY MEAL PERIODS
The City agrees that employees of this unit who are required to work in other than normal tour of duty situations will have consideration given to meal periods after 4 to 5 hours of work. It is recognized that the employees will not be able to leave a bona fide emergency situation and that the final determination of this fact will be made by the supervisor in charge of the particular activity.

SECTION 4: MECHANICS’ TOOLS
Full-time City employees are not required to furnish their own tools; however, if they choose to use their own tools, the City shall pay the required property tax. Employees who choose to use their own tools will not hold the City responsible for loss or damage to their tools.

SECTION 5: NEPOTISM POLICY
This policy applies to all City employees, appointed officials, and elected officials and includes any relative defined as father, father-in-law, stepfather, mother, mother-in-law, stepmother, foster parent, grandparent, grandchild, brother, brother-in-law, stepbrother, sister, sister-in-law, stepsister, wife, husband, domestic partner, child, stepchild, foster child, adopted children, son-inlaw, daughter-in-law, first cousin, niece, nephew, aunt, uncle, and other relatives or employees living in the same household.

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For purposes of this policy, “immediate family” includes the applicant’s or employee’s spouse and any lineal descendants of the applicant or employee or of the applicant’s or employee’s spouse, whether natural or legally adopted.

This policy shall not affect employees employed by the City in the positions held as of the effective date of this MOU. Applicants will not be hired and employees will not be promoted into any position where the result would be that one person would:

1. Be supervised by or be in the chain of command of a relative.

2. Participate in making, or advising on, employment decisions concerning a relative.

For purposes of this policy, employment decisions shall be defined as those affecting hiring, promotion or discipline.

1. Be employed in the same department as a relative if, for reasons of supervision, morale, safety or security, it is determined that the work involves potential conflicts of interest.

2. Be in one of the following or have a member of the applicant’s or the employee’s immediate family in one of the following positions: City Manager, Department Director or member of the City Council.

If permanent full-time employee is denied a promotion or transfer under this policy, the employee may appeal such action to the City Manager within three (3) business days of the date the employee receives written notification of said action. Such appeal shall be submitted in writing, stating the reason(s) that the employment decision should be rescinded. The parties shall select and utilize an arbitrator. The arbitrator’s decision shall be considered final and binding with no further administrative appeal rights.

SECTION 6: LAYOFF POLICY

1. General Provisions:

A. Definition: A layoff is the involuntary separation or reduction of a regular employee to a position in a lower classification without fault of the employee. Layoff applies only to full-time positions. A layoff occurs only when a position is deleted from the authorized budget or when funds are withdrawn from a previously funded position.

B. Short-term Furlough: Furloughs for periods not to exceed 40 consecutive work hours may be made in any order for reasons approved by the City Manager. Such furloughs shall not exceed 80 hours per employee per fiscal year and every consideration will be given to seniority where appropriate. Employees who are furloughed shall be granted a leave without pay with the right to return to classification.

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2. Notification:

Whenever a Department Director believes that a layoff will be necessary, the Department Director will submit a layoff plan to the City Manager for approval. The layoff plan shall include the anticipated number, and job title(s) of employee(s) to be laid off and seniority list by classification of all affected employees. The affected employees and the employee Union shall be provided with a copy of the approved layoff plan at least two weeks prior to its effective date.

3. Order Of Layoff:

A. Layoffs shall be made on the basis of seniority determined by the employee’s hire date of continuous service in a full-time position. In the event of a tie in total time of continuous service between two or more employees, the order of layoff shall be determined at the discretion of the City Manager.

B. Before any reduction in the work force of full-time employees occurs, all temporary parttime, provisional, probationary, contract or other individuals without regular status in the affected classifications shall be terminated.

C. Probationary employees and employees in acting appointments, who have regular status in another classification, shall be returned to their former classification where they will be subject to layoff under provisions applicable to other employees in that classification.

D. If a regular employee to be separated has regular status in a lower classification, reduction in classification (bumping) within the City shall be approved. For purposes of bumping, the number of positions filled by the least senior employees in the affected classification(s) equal to the number of positions being deleted from the classification shall be identified. Additionally, all vacant positions in the affected classification shall be made available to the affected employees. This collective group of positions shall then be subject to the bumping process.

E. Regular employees whose positions have been deleted shall be allowed to exercise their options, based on seniority, to select either a vacant position or to bump into any one of the filled junior positions within their current classification. An employee who elects not to bump into any position within the collective group of vacant and filled junior positions, thereby retaining their existing classification, shall be provided the opportunity to select from those options identified in Section G of this policy.

If an employee is authorized to bump, they will occupy the position held by the least senior employee on the priority list for that classification.

If an employee accepts a lower paying or less than full-time position, the employee does not waive recall rights to the former position pursuant to Section 5 below.

F. Reductions in classification shall only be approved when the employee has previously passed probation in the lower classification. Reductions in classification shall first be

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made to the next lower classification in which the employee has regular status. The employee being reduced may only replace a junior employee, or be placed in a vacant position, in the classification identified pursuant to Section D above. The junior employee being bumped will be separated or reduced in classification. If the employee does not have seniority in the classification to which they are first considered for reduction, reduction shall then be made to the next lower classification in which the employee has previously achieved permanent status. This procedure shall continue until all reductions in classification and the ultimate separations are completed.

An employee may bump to a lower classification within a series in which they achieved permanent status. Example:

Employee “A” is hired as a Customer Service Representative II and achieves permanent status; however never worked as a Customer Service Representative I.

Employee “A” may bump employee “B” in the lower classification of Customer Service Representative I if employee “A” has more seniority.

G. If bumping results in an assignment which the employee considers to be undesirable, such employee may request:
i. a voluntary demotion to any vacant position in the City; or ii. a lateral transfer to a position in which they have previously held regular status and have seniority over the incumbent.

H. If a classification title is changed due to a reclassification, the employee shall retain bumping rights to the previous classification and series.

Any of these options requires the approval of the City Manager.

4. Exception To Order Of Layoff:

Whenever a Department Director believes that the best interest of the City requires the retention of an employee with special qualifications, characteristics, and fitness for the work, the Department Director may request that such employee be exempted from the bumping procedures. Such requests must be in writing and approved by the City Manager. If approved the affected employee’s labor representative shall be immediately provided with a copy of the request. Generally, requests for exception to order of layoff will be limited to those employees who possess specific licenses and certificates, or other special qualifications which were identified during the recruitment for that particular position.

5. Employee’s Rights While On Layoff:

During the twelve months following a layoff, laid-off employees shall be assured of the right to reinstate into their former position.

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6. Retraining:

The City will make reasonable efforts to provide retraining opportunities to laid-off employees that will qualify them in classifications not related to their former classification and will attempt to place said laid-off employees in vacant positions in the City for which they are qualified.

During the twelve months following a layoff, laid-off employees shall be eligible to compete for in-house promotional examinations for positions for which they qualify.

SECTION 7: REASONABLE SUSPICION DRUG/ALCOHOL TESTING POLICY

1. Policy On Drug And Alcohol-Free Workplace
It is the policy of the City of Colton to foster and provide a drug and alcohol-free workplace for all employees while protecting the employees’ rights and privacy. A drug and alcoholfree workplace protects the safety of the public as well as the City’s valuable employee resources. In furtherance of a drug and alcohol-free workplace, the City and Union have agreed to implementation of this Reasonable Suspicion Drug and Alcohol Testing Policy (Policy).

A. COMMITMENT
The City believes that education and training of all employees in the effects and treatment of substance abuse will contribute to a safer and more efficient workplace for everyone.

The City is committed to eliminating the effects of substance abuse in the workplace. All employees are prohibited from using, possessing, buying, providing or selling unlawful drugs, controlled substances or alcohol in the workplace, and are prohibited from reporting to work or being subject to work (specifically, on call, breaks, and meal periods) with prohibited drugs, controlled substances or alcohol in their systems, from being under the influence of or impaired for the performance of duty because of drugs, controlled substances or alcohol.

The substance abuse policy will be strictly enforced. Violation of its requirements will be cause for discipline, up to and including termination of employment.

The City is committed to helping employees with admitted substance abuse problems overcome those problems, and encourages use of the voluntary rehabilitation option, as described later in this Policy.

B. PURPOSE
The purpose of the substance abuse policy is:
i. To implement a fair and balanced approach to eliminating substance abuse and its effects on the job;
ii. To protect the public and employees; and

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iii. To provide a strong incentive for voluntary rehabilitation.

C. RULES
Employees shall comply with the following rules:
i. Employees shall not report for work or be subject to work while under the influence of, impaired for the performance of duty or while they have alcohol or any drug, medication or other substance in their system, including those prescribed by a doctor or dentist, that will in any way adversely affect their alertness, coordination, reaction, response, or safety.
ii. The manufacture, use, sale, purchase, distribution, provision or possession of an illegal drug or controlled substance by any employee in the workplace or during work time is prohibited.

No employee shall report for duty or remain on duty when his/her alcohol concentration is

0.04% or greater. However, an employee with less than this amount of alcohol concentration may still be in violation of this policy, if the employee is under the influence of alcohol or is impaired for the performance of duty.

D. The use or possession of alcohol while at work, including meal periods and breaks, or in the workplace or during work hours is prohibited.

E. Employees who appear to be impaired or affected on the job by a drug, controlled substance or alcohol shall be relieved of duty and shall be required to submit to drug or alcohol testing.

F. No employee shall report for duty while under the influence of or while impaired for duty because of a lawfully prescribed or over-the-counter medication. If any employee is taking medication which he/she knows or reasonably should know the medication may interfere with performance of duty, such employee shall inform the immediate supervisor. An employee lawfully under the influence of prescribed or over-the-counter medication is not in violation of this policy.

G. All employees shall be subject to reasonable suspicion, return-to-duty, follow-up and postaccident drug and alcohol testing.

H. If an employee refuses an order to submit to testing or fails to cooperate fully with testing procedures, the employee will be immediately subject to appropriate disciplinary action up to and including termination. Refusal to submit to testing or failure to cooperate fully with testing when ordered shall be treated as insubordination.

Refusal to submit to or cooperate fully with a drug or alcohol test includes but is not necessarily limited to:
i. failure to provide a proper and adequate sample without a valid medical reason; ii. providing false information in connection with a test;

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iii. attempting to falsify test results through tampering, adulteration or substitution; iv. eating or drinking before the sample is collected when instructed not to do so; v. failure to complete required forms.

I. Employees are encouraged to volunteer to use the services of the City’s Employee Assistance Program (EAP) for any drug or alcohol use or dependence before it affects job performance. However, voluntary self-referral after notification of a required test will not eliminate the requirement to take a test. Further, an employee found to be in violation of any provision of Section 1.C. of this policy shall not necessarily be relieved of possible disciplinary action by requesting to use the EAP or to seek rehabilitation.

J. All testing will be done on an on-duty basis and the employee will be compensated under regular established procedures.

2. Categories And Methods Of Testing
The City of Colton may conduct the following types of Drug/Alcohol tests pursuant to this Policy:
• Reasonable Suspicion
• Return-to-duty
• Follow-up
• Post-Accident
The City of Colton may conduct urine tests for illegal drugs or controlled substances and alcohol. Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and using techniques, equipment, and laboratory facilities which have been approved by the National Institute on Drug Abuse (NIDA). For drug testing, an initial FDA approved immunoassay drug screen will be conducted on each specimen. For those specimens that are not negative, a confirmative Gas Chromatography/Mass Spectrometry (GC/MS) test will be performed. A positive test result above the minimum threshold established in this policy will be reviewed by the Medical Review Officer (MRO) prior to reporting the result to the Human Resources Director.

All drug testing will be subject to a chain of custody as defined in Attachment A. Any violation of the chain of custody could affect the integrity of the sample and invalidate the test. If the test is invalidated, a new sample must be obtained.

Tests for alcohol concentration will be conducted utilizing a National Highway Traffic Safety Administration (NHTSA) approved evidential breath testing device (EBT) operated by a trained, certified breath alcohol technician (BAT). If the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed to confirm the results of the initial test. A confirmed alcohol concentration of 0.04 or greater will be considered a positive

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alcohol test and will result in disciplinary action for violation of this policy. All alcohol testing will be conducted according to the procedures.

All testing will be conducted in a manner that protects individual dignity, privacy and confidentiality throughout the testing process.

3. Employees Subject To Testing
All employees are subject to reasonable suspicion, post-accident, and follow-up drug and alcohol testing.

4. Substances For Which Testing Will Occur
Testing will include screening for the following substances: alcohol, marijuana (THC), cocaine, phencyclidine (PCP), opiates, and amphetamines. Testing may be conducted for any other prohibited substance with reasonable suspicion.

A test result indicative of any level of alcohol or drug(s) shall authorize the City to address said finding as described in this Policy.

Positive test results will be reported to the Human Resources Director only after the confirmation testing.

5. Substance Testing Procedures
A. Reasonable Suspicion Testing:

The City of Colton shall require a drug test for the listed drugs and substances when a supervisor has reasonable suspicion to believe that an employee has used a prohibited drug and/or is impaired or under the influence and shall require an alcohol test when the supervisor has reasonable suspicion to believe that an employee is impaired by or is under the influence of alcohol.

A determination that reasonable suspicion exists for drug and alcohol testing must be based on specific, contemporaneous, articulable observations of the employee, made by a supervisor qualified to detect the signs and symptoms of such use. The documentation of the employee’s behavior/conduct shall be prepared and signed by the supervisor utilizing the Reasonable Suspicion Checklist within 24 hours of the observed behavior or before the results of the test are released, whichever is earlier. Prior to requesting an employee to submit to a drug and/or alcohol test, the observations noted by the supervisor must be confirmed by a second supervisor.

Employees must submit to tests for alcohol and/or for illegal and controlled drugs when the employee is reasonably suspected of being impaired or affected by drug or alcohol use.

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i. Reasonable cause for testing means suspicion based on specific personal observation of two or more supervisors. The observing supervisors must be trained in the detection of drugs and alcohol. Such supervisors shall describe and document:
a. Specific, personal and articulable observations concerning the appearance, behavior, speech, body odors or performance of the employee; or
b. Violation of a safety rule, or other unsafe work incident, which, after further investigation of the employee’s behavior or appearance, leads the supervisors to believe that drug or alcohol use may be a contributing factor. ii. Suspicion is not reasonable and is not a basis for testing, unless based on firsthand observation of the person reporting same. However, suspicion based on hearsay reports may be the basis for further investigation or for action to protect the safety of employees or the public, such as ordering the employee to stop work. Safety sensitive employees shall be relieved from performance of safety sensitive functions while the supervisor is completing his/her determination regarding whether a reasonable cause test is warranted.
iii. When a supervisor suspects that an employee is impaired or affected by drug or alcohol use, the supervisor shall follow the reasonable suspicion procedure to determine whether drug and/or alcohol testing is appropriate, and, if so, to initiate the testing. The supervisor will:
a. order the employee to stop work;
b. order the employee to submit to a urine drug and/or alcohol test after approval of the Department Director or designee; and,
c. inform the employee that a positive test will result in the employee being evaluated for disciplinary action.

A supervisor will then transport the employee to the collection site and will arrange for the employee’s transport home.

B. Return-to-Duty Testing:

Employees who violate this Policy and are accepted into Return-to-Duty and Follow-up status must have a negative drug and/or alcohol test. Employees who return to duty are subject to follow-up testing and/or rehabilitation programs.

C. Follow-up Testing:

Follow-up testing shall be as follows:
i. Following completion of return-to-duty testing, employees will be subject to periodic, accounted and unaccounted drug and alcohol testing as part of the return to work or aftercare plan.

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ii. Any employee who tests positive on a breath alcohol test and/or drug test and is permitted to return to work will be required to comply with return-to-work conditions, as established by the City’s Substance Abuse Professional (SAP), which shall include the requirement to submit to and pass, announced and unannounced drug and alcohol testing. The frequency and duration of follow-up drug and/or alcohol tests shall be determined by the SAP. There shall be a minimum of six (6) unannounced tests in the first twelve (12) months following the return to duty.
iii. Any employee whose tests results show any amount of drugs or alcohol during the return to work and follow-up testing will be subject to discipline up to and including termination.

D. Post-Accident Testing:

Employees involved in a serious traffic accident while on duty are subject to drug testing.

A serious traffic accident is defined as follows:
• If there is a fatality.
• If the accident results in bodily injury to a person who immediately receives medical treatment away from the accident site and the driver receives a citation under State or Local law for a moving violation.
• If one of the vehicles is towed from the scene and the driver receives a citation under State or Local law for a moving traffic violation.

6. Rehabilitation Program
A. The SAP may recommend an appropriate treatment or rehabilitation program for an employee as a condition for returning to work after having violated this Policy.

B. The employee shall be placed in a medically supervised Rehabilitation Program, which may include in-patient hospital, residential care, day treatment or outpatient care, provided by a City approved Rehabilitation Facility.

C. If the Rehabilitation Program provider certifies that the employee has successfully completed the Rehabilitation Program, during which time the employee will be subject to announced and unannounced periodic drug and/or alcohol tests, the terms and conditions of the aftercare program will be determined on an individual case-by-case basis, and the employee will be required to sign a Return-to-Work agreement acknowledging that he or she will abide by those terms and conditions.

D. The Return-to-Work Agreement will stipulate that the employee will be subject to announced and unannounced drug and alcohol tests the frequency and duration of which will be determined by the SAP.

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E. If recommended by the SAP, the employee will be permitted to return to work in his/her classification during the aftercare or during any other outpatient program, providing the employee tested negative for drugs and alcohol in a Return-to-Work test.

F. The employee must successfully adhere to the terms and conditions of the rehabilitation and aftercare programs. If the employee violates the terms and conditions of the rehabilitation or aftercare program, the employee will be subject to appropriate disciplinary action up to and including termination.

7. Disciplinary Action
The City may take appropriate disciplinary action, subject to all prescribed appeal rights, against any employee who violates any rules listed in this Policy.

8. Management/Supervisory Responsibilities
Managers and supervisors shall be responsible to:

A. Be fully conversant with the policies and procedures set forth herein; B. Ensure that his or her employees are properly trained in the policies and procedures, and in the dangers of substance abuse;
C. Be knowledgeable about the City’s Employee Assistance Plan for substance abuse; D. Be aware of substance abuse indicators, and encourage employees who are suspected of substance abuse to refer themselves voluntarily to the SAP; E. Conduct investigations promptly and properly when he or she suspects that an employee may be impaired or affected by drug or alcohol use;
Initiate investigations promptly and properly when he or she suspects the presence or use of drugs, controlled substances or alcohol in the workplace or during work time, including meal periods or breaks. Steps to initiate an investigation may include arranging for the confiscation of any unauthorized drugs, alcohol, or related paraphernalia in the workplace or on City property or premises.

F. When a supervisor suspects an employee is impaired or affected by drugs, controlled substances or alcohol use, follow the reasonable cause procedure to determine whether drug and/or alcohol testing is appropriate and if so, initiate testing after reporting to and securing approval of the Department Director or the Department Director’s designee.

G. The Department Director will be responsible for ensuring that all supervisors receive training in the implementation of this Policy, including drug recognition.

9. Substance Abuse Professional
A Substance Abuse Professional (SAP) means a non-City employee who is a licensed

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physician (medical doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Union of Alcoholism and Drug Abuse Counselors Certification Commission), with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug related disorders.

10. Medical Review Officer
A. Only a qualified Medical Review Officer (MRO) will receive laboratory results generated by pre-employment, reasonable cause, return-to-duty or follow-up testing.

B. When a confirmed positive test is reported from the testing laboratory, it is the responsibility of the MRO to:
i. Review the individual’s medical history, including any medical records and biomedical information provided.
ii. Contact the employee and afford the employee an opportunity to discuss the test results with him/her within five (5) days of notification of the results. iii. Determine whether there is a legitimate medical explanation for the result, including legally prescribed medication.

C. The MRO shall not convey test results to the City until the MRO has made a definite decision that the test result was positive or negative.

D. The MRO may request the laboratory to analyze the original sample again in order to verify the accuracy of the test result to the MRO. The MRO may terminate processing, if he determines that the test result was caused by the appropriate use of medication or factors other than the employee’s use of the substance found.

11. Employee Status
An employee to be tested for “critical incident” or reasonable suspicion drug and/or alcohol tests shall be transported to and from the testing site by a supervisor. He/she may be accompanied by a Union representative, provided this does not cause any undue delay (one hour). An employee shall be driven home by another employee or a supervisor at the conclusion of the test, or other arrangements may be made by the supervisor. The tested employee shall not be allowed to drive home unless a breath alcohol only test was conducted and was negative.

An employee shall be considered “on duty” until the conclusion of the drug or alcohol test and return to the work site. The tested employee shall then be placed on paid administrative leave until a determination is made by the MRO and reported to the City regarding the results of drug or alcohol tests. Negative tests shall result in the employee being “made whole.”

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12. Retests
A pre-employment candidate who does not pass a pre-employment drug test may request that the original urine split sample be analyzed again by a laboratory of his/her choosing at the candidate’s expense. This option does not apply in breath alcohol testing.

An employee who does not pass a drug test, may request that the original urine sample split be reanalyzed by a different NIDA approve laboratory/facility at the employee’s expense.

13. Confidentiality
The City shall not release information pertaining to an individual employee that is contained in City and/or department drug/alcohol records without express written authorization of the tested individual except when (1) required by law, such as a court ordered subpoena, or (2) in connection with a City disciplinary, grievance, arbitration, lawsuit or other proceeding initiated by or on behalf of the individual and arising from the results of a drug or alcohol test.

Urine samples may not be used for any purpose other than as described in this Policy.

14. Training
A. The City will develop and conduct training sessions and materials for all employees concerning this Policy, the SAP, and the personal safety and work effects of drug and alcohol use through the Drug and Alcohol-Free Workplace Awareness Program.

B. Every supervisor will receive at least a four-hour Drug and Alcohol Awareness Training.

15. Right Of Association Participation
This Policy was developed and implemented by the City after review and approval by the Union. At any time, the Union, upon request, will have the right to inspect and observe any aspect of the drug-testing program with the exception of individual test results. The Union may inspect individual test results if the release of this information is authorized by the employee involved.

16. Severability
If any court should hold any part of this Policy invalid, such decision shall not invalidate any other part of this Policy.

17. Revisions To The Policy
This Policy is subject to revision if mutually agreed upon by the Union and the City.

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SECTION 8: SAFETY REVIEW COMMITTEE
The City agrees to the formation of a joint Labor/Management committee to review safety concerns in all areas involving employees in this unit. The committee will be comprised of two members appointed by Labor, two members appointed by Management. The committee shall meet at times specified by the Human Resources Department. The Human Resources Director will be responsible for assigning staff to lead the committee. Employees are encouraged to identify safety issues and/or concerns through their chain of command.

SECTION 9: BENEFITS REVIEW COMMITTEE
The City agrees to the formation of a joint Labor/Management committee to review possible improvements in all areas of health, dental, life, disability, and vision benefits currently or potentially available to employees in this unit. The committee will be comprised of two members appointed by Labor and two members appointed by Management. The committee shall meet within ten (10) days after receiving the rates for health, dental, disability, and vision benefits. The Human Resources Director will be responsible for assigning staff to lead the committee.

ARTICLE VI

GENERAL PROVISIONS
SECTION 1: CLASSIFICATION STUDIES
The City agrees to conduct classification studies at any time provided that such requests cannot be made more than once a year unless there is a promotion or transfer.

1. An employee or Department Director shall submit a completed “Request for Classification Study form” to Human Resources Department and it will be date stamped upon receipt.

2. The Human Resources Director will review the form.

A. If the Human Resources Director determines a classification study is not warranted, the employee may file an appeal with the City Manager within five (5) working days of receipt of the denial.

B. If the reasons for the request appear to be justified, the Position Classification Questionnaire will be sent to the employee.

C. The employee will complete page 1 through 8 of the Questionnaire and forward it to his/her immediate supervisor within ten (10) working days.

D. The immediate supervisor will complete Section II of the Questionnaire, complete number 12 on page 11, sign, and forward the Questionnaire to the Human Resources Director within ten (10) working days.

E. The Human Resources Director will review the completed Questionnaire and submit a

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recommendation to the City Manager. The City Manager may choose to have a consultant perform the classification study in lieu of Human Resources. The employee Union will be informed of the City Manager’s choice of consultant prior to that selection becoming final.

If any employee Union has concerns over the consultant selected, the Human Resources Director shall meet with representatives of that Union to discuss those concerns.

F. The consultant and/or Human Resources Director will submit a recommendation to the City Manager. The Human Resources Director will notify the employee of the City Manager’s approval or denial of the request for reclassification within 2 ½, months after initial receipt of the request. If the reclassification is denied the employee may appeal to the City Manager for a hearing within five (5) working days.

The reclassification shall take effect the first full pay period of the fifth (5th) month after the classification is received. (See Administrative Policy 4.05.330 for further details.) SECTION 2: SAVINGS CLAUSE
Should any provision of this MOU be held invalid by a court of competent jurisdiction, then the remaining provisions shall remain in full force and effect.

SECTION 3: CONCLUSIVENESS OF MEMORANDUM OF UNDERSTANDING The parties acknowledge that during the negotiations, which resulted in this MOU, each had the right and opportunity to make demands and proposals with respect to subjects within the scope of representation. The understandings arrived at after the exercise of that right are set forth in this MOU and constitute the complete and total contract between the City and the Teamsters Local 1932 with respect to wages, hours, and other terms and conditions of employment. Accordingly, all wages, hours, and terms and conditions of employment in this MOU and in the consolidated MOU shall remain in full force and effect for the term of this MOU, provided, however, that the parties may, upon mutual agreement, re-negotiate any part or provisions of this MOU during its term. All practices enjoyed by the employees at the present time, which are not included in, or specifically changed by or contradictory to this MOU are subject to meet and confer prior to implementing any proposed change.

Any prior or existing Memoranda of Understanding between the parties regarding matters within the scope of representation are hereby superseded and terminated in their entirety. Moreover, all “side letter” agreements between the parties that have been entered into prior to the adoption of this MOU by the City Council shall automatically expire on the date this MOU is adopted. Any increases in compensation and/or benefits that were delayed, postponed, or provided by those side letter agreements are hereby waived.

SECTION 4: TERM OF AGREEMENT
The term of this agreement shall begin July 1, 2026 and end on June 30, 2029.

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SECTION 5: COUNCIL ADOPTION
If this MOU is acceptable to City Council, then the City Council may adopt the MOU by appropriate action following the signing of a tentative agreement between the City and the Union.

FOR CITY OF COLTON: FOR TEAMSTERS LOCAL 1932 -
GENERAL EMPLOYEES:

Frank J. Navarro, Mayor Carlos Gonzales, Business Agent Dated Dated

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MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF COLTON
AND
TEAMSTERS LOCAL 1932

MID-MANAGER EMPLOYEES UNIT
TERM
JULY 1, 2026 – JUNE 30, 2029

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TABLE OF CONTENTS
ARTICLE I: EMPLOYER-EMPLOYEE RELATIONS________________________5 SECTION 1: RECOGNITION ............................................................................................5 SECTION 2: SCOPE OF REPRESENTATION .................................................................6 SECTION 3: UNION MEMBERSHIP................................................................................7 SECTION 4: UNION AND CITY PROPOSALS...............................................................7 SECTION 5: GRIEVANCE PROCEDURE........................................................................7

1. STATEMENT OF PURPOSE................................................................................7

2. DEFINITIONS........................................................................................................7

3. PROCEDURE.........................................................................................................8

4. APPEAL OF CITY MANAGER’S DECISION.....................................................9

5. REPRESENTATION..............................................................................................9

6. SELF REPRESENTATION ...................................................................................10

7. FREEDOM FROM REPRISAL .............................................................................10

8. TIME LIMITS ........................................................................................................10

9. DISCIPLINARY ACTION APPEAL PROCESS ..................................................11 SECTION 6: CONTRACT BAR.........................................................................................12 SECTION 7: MANAGEMENT RIGHTS ...........................................................................12 SECTION 8: NEW EMPLOYEE ORIENTATION............................................................12 SECTION 9: SHOP STEWARDS.......................................................................................13 ARTICLE II: COMPENSATION ___________________________________________14 SECTION 1 SALARY ........................................................................................................14 SECTION 2 OVERTIME....................................................................................................15 SECTION 3 COMPENSATORY TIME.............................................................................15 SECTION 4 REST PERIODS.............................................................................................16 SECTION 5 ACTING PAY ................................................................................................17 SECTION 6 BILINGUAL PAY..........................................................................................17 SECTION 7 SPECIAL ASSIGNMENT COMPENSATION.............................................18 SECTION 8 LONGEVITY PAY ........................................................................................18 SECTION 9 PROMOTIONS ..............................................................................................19 SECTION 10 UTILITY CREDIT .........................................................................................19 SECTION 11 VOLUNTARY DEDUCTION FOR D.R.I.V.E. PROGRAM .......................19 SECTION 12 EDUCATION & CERTIFICATE INCENTIVE PAY...................................19 SECTION 13 EMERGENCY MEAL PERIODS .................................................................20 SECTION 14 STANDBY PAY ............................................................................................21 SECTION 15 MERIT INCREASE .......................................................................................21 SECTION 16 RETROACTIVE PAY CALCULATIONS....................................................22 ARTICLE III: FRINGE BENEFITS _________________________________________22 SECTION 1 HEALTH INSURANCE................................................................................22 SECTION 2 RETIREES’ HEALTH INSURANCE PARTICIPATION ...........................23 SECTION 3 RETIREMENT ..............................................................................................24 SECTION 4 PERS 4TH LEVEL SURVIVOR BENEFITS.................................................25 SECTION 5 TERM LIFE INSURANCE...........................................................................25

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SECTION 6 SHORT-LONG TERM DISABILITY ..........................................................25 SECTION 7 TUITION REIMBURSEMENT....................................................................25 SECTION 8 UNIFORMS...................................................................................................26 SECTION 9 BOOT ALLOWANCE ..................................................................................26 SECTION 10 EMPLOYEE BENEFIT COMMITTEE........................................................26 SECTION 11 SOCIAL SECURITY.....................................................................................27 SECTION 12 MEDICARE...................................................................................................27 ARTICLE IV: LEAVES____________________________________________________27 SECTION 1: ADMINISTRATIVE LEAVE .......................................................................27 SECTION 2: VACATION...................................................................................................27

1. ACCRUAL...............................................................................................................27

2. USE ..........................................................................................................................28

3. VACATION SELL BACK ......................................................................................28

4. ACCUMULATED HOURS AT TERMINATION..................................................29 SECTION 3: HOLIDAYS ...................................................................................................29 SECTION 4: SICK LEAVE .................................................................................................30

1. DEFINITION OF FAMILY MEMBERS...............................................................30

2. ACCRUAL. ............................................................................................................30

3. SICK LEAVE BUY BACK....................................................................................30

4. SICK LEAVE REPORTS.......................................................................................31

5. FAMILY ATTENDANCE .....................................................................................31

6. RIGHTS OF VICTIMS OF DOMESTIC VIOLENCE..........................................31

7. ACCUMULATED HOURS AT TERMINATION ................................................31 SECTION 5: BEREAVEMENT LEAVE............................................................................32 SECTION 6: MEDICAL LEAVE OF ABSENCE ..............................................................32 SECTION 7: INDUSTRIAL INJURY LEAVE/INSURANCE PREMIUMS .....................33 ARTICLE V: WORKING CONDITIONS ____________________________________33 SECTION 1: WORK HOURS.............................................................................................33 SECTION 2: WORK SCHEDULE .....................................................................................33 SECTION 3: NEPOTISM POLICY ....................................................................................33 SECTION 4: LAYOFF POLICY.........................................................................................34

1. GENERAL PROVISIONS .....................................................................................34

2. NOTIFICATION ....................................................................................................34

3. ORDER OF LAYOFF ............................................................................................35

4. EXCEPTION TO ORDER OF LAYOFF...............................................................36

5. EMPLOYEE’S RIGHTS WHILE ON LAYOFF...................................................36

6. RETRAINING ........................................................................................................36 SECTION 5: REASONABLE SUSPICION DRUG/ALCOHOL TESTING POLICY......37

1. POLICY ON DRUG AND ALCOHOL-FREE WORKPLACE ............................37

2. CATEGORIES AND METHODS OF TESTING..................................................39

3. EMPLOYEES SUBJECT TO TESTING ...............................................................39

4. SUBSTANCES FOR WHICH TESTING WILL OCCUR. ...................................40

5. SUBSTANCE TESTING PROCEDURES.............................................................40

6. REHABILITATION PROGRAM ..........................................................................42

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7. DISCIPLINARY ACTION.....................................................................................42

8. MANAGEMENT/SUPERVISORY RESPONSIBILITIES ...................................42

9. SUBSTANCE ABUSE PROFESSIONAL.............................................................43

10. MEDICAL REVIEW OFFICER ............................................................................43

11. EMPLOYEE STATUS ...........................................................................................44

12. RETEST..................................................................................................................44

13. CONFIDENTIALITY.............................................................................................44

14. TRAINING .............................................................................................................44

15. RIGHT OF UNION PARTICIPATION .................................................................45

16. SEVERABILITY....................................................................................................45

17. REVISIONS TO THE POLICY .............................................................................45 SECTION 6: RECLASSIFICATION..................................................................................45 SECTION 7: CLASSIFICATION STUDIES......................................................................45 SECTION 8: CITY VEHICLE USE....................................................................................46 ARTICLE VI: GENERAL PROVISIONS_____________________________________46 SECTION 1: SAVINGS CLAUSE......................................................................................46 SECTION 2: TERM OF AGREEMENT.............................................................................46 SECTION 3: CONCLUSIVENESS OF MEMORANDUM OF UNDERSTANDING......46 SECTION 4: COUNCIL ADOPTION ................................................................................47

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ARTICLE I

EMPLOYER-EMPLOYEE RELATIONS
SECTION 1: RECOGNITION
The City of Colton (known as “City”) hereby recognizes the Teamsters Local 1932 Mid-Manager Unit (known as the “Union”) as the representatives of employees in this Union, which encompasses all full-time positions in the City in the following classifications:

CURRENT RECOGNIZED POSITION LIST
Position-Title FLSA Status
Administrative Analyst I & II Exempt
Associate Engineer Exempt
Associate Planner Exempt
Building Maintenance Supervisor Non-exempt
Building Official Exempt
Business License/Collections Officer Exempt
Capital Project Manager Exempt
Collection System Maintenance Supervisor Non-exempt
Customer Service Manager Exempt
Customer Service Supervisor Exempt
Early Care & Education Program Director Exempt
Early Care & Education Site Supervisor Non-exempt
Economic Development Manager Exempt
Economic Development Project Manager I & II Exempt
Electric Utility System Designer Exempt
Electrical System Planning Engineer Exempt
Energy Services Specialist Exempt
Engineering Assistant Exempt
Environmental & Conservation Supervisor Exempt
Executive Assistant Exempt
Executive Assistant to Police Chief Exempt
Information Services Manager Exempt
Information Technology Coordinator Exempt
Library Manager Exempt
Planning Manager Exempt
Police Records Supervisor Exempt
Police Support Services Manager Exempt
Public Works & Water/Wastewater Administrative Manager Exempt Public Works Supervisor Non-Exempt
Purchasing Manager Exempt
Recreation Services Manager Exempt
Recreation Services Supervisor Exempt
Senior Accountant Exempt

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Senior Energy Services Specialist Exempt
Senior Information System Coordinator Exempt
Senior Planner Exempt
Substation Superintendent Exempt
Utilities Business Systems Analyst Exempt
Utilities Executive Assistant Exempt
Utilities Engineer Exempt
Utilities Planning Manager Exempt
Utilities Resource Analyst Exempt
Warehouse Supervisor Non-exempt
Wastewater Utility Supervisor Non-exempt
Water & Wastewater Operations Manager Exempt
Water Distribution Supervisor Non-exempt
Water Production Supervisor Non-exempt

INACTIVE POSITIONS LIST
Accounting Manager Exempt
Electric Utility Integrated Resource Coordinator Exempt Electrical Systems Engineer/GIS Project Manager Exempt
Engineering Manager Exempt
Equipment Maintenance Manager Exempt
Family Services Supervisor Non-exempt
Library Administrative Coordinator Exempt
Literacy Coordinator/Branch Supervisor Exempt
Principal Librarian Exempt
Production Supervisor Non-exempt
Public Works & Water/Wastewater Superintendent Exempt
Public Works Superintendent Exempt
Redevelopment Manager Exempt
Senior Economic Development Project Manager Exempt
Senior Utilities Financial Analyst Exempt
Transmission/Distribution Superintendent Exempt
Utilities Financial Analyst Exempt
Utilities Plans Examiner Exempt
Wastewater Utility Manager Exempt
Water Utilities Manager Exempt
SECTION 2: SCOPE OF REPRESENTATION
Scope of representation shall include all matters pertaining to wages, hours and other terms and conditions of employment.

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SECTION 3: UNIONMEMBERSHIP
Upon being notified by Teamsters Local 1932, the City shall, on behalf of the Bargaining Unit, deduct monthly Bargaining Unit dues from the members’ salaries The Bargaining Unit agrees to indemnify the City and to hold the City harmless against any and all claims, demands, suits or other forms of liability that may arise out of, or by reason of, any action taken by the City for the purposes of complying with the provisions of this article.

SECTION 4: UNION AND CITY PROPOSALS
Due date for Union and City proposals will be 90 days prior to the expiration of the MOU.

SECTION 5: GRIEVANCEPROCEDURE

1. Statement Of Purpose
The purpose and objectives of the grievance procedure are to:

A. Ensure fair and equitable treatment of all employees and promote harmonious relations among employees and their supervisors.

B. Afford employees a written and simple means of obtaining consideration of their grievance by informal means at the supervisory level and review of the supervisor’s decisions.

C. Resolve grievances as quickly as possible and correct, if possible, the causes of grievances, thereby reducing the number of grievances and future similar complaints.

2. Definitions
A. Day: A workday unless otherwise stated. A workday is a day in which City Hall is open for business for its full normal working hours.

B. Binding Arbitration: To place the findings of the Arbitrator under legal obligation by contract or oath.

C. Grievant: An employee in the Mid-Management Unit. The Union may file a grievance on behalf of itself or its members.

D. Grievance: An alleged violation or non-compliance with the provisions of this MOU, any supplemental MOU, City of Colton’s written or unwritten personnel rules and regulations.

E. Arbitration: Method of resolving disputes between an employer and employee organization by submitting the dispute to a neutral third-party.

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F. Arbitrator: A person chosen to arbitrate a dispute between parties as opposed to a court of law.

G. Representative: A person who, at the request of the employee or supervisor, is invited to participate in the grievance or conferences.

H. Immediate Supervisor: The person having evaluation responsibility for the grievant.

I. Class Grievance:
1) Each employee must submit their grievance in writing. Individual grievances may be treated as a single grievance or as a class at the discretion of the parties. 2) Resolution of a class grievance may not be consistent among all grievants in the class grievance due to differences in circumstances or occurrences which brought about the grievance.
3) Any grievants unsatisfied with the decision at any procedural step shall retain their individual rights to appeal to the next step in the grievance procedure.

J. Answer: An answer is the response to the grievance at any of Step A through F in Part

3. All answers must be written. If an answer does not resolve the grievance to the grievant’s satisfaction, the answer will inform the grievant of the next step in the grievance procedure, and the time deadline for processing.

3. Procedure
A. Informal Resolution: Within ten (10) business days after a grievant knew, or by reasonable diligence should have known, of the condition upon which a grievance may be based, the grievant shall attempt to resolve it by an informal conference with the grievant’s immediate supervisor. This step will be deemed waived if the immediate supervisor or the immediate supervisor’s action is the subject of the grievance.

Every effort shall be made to resolve a grievance through discussion between the employee and the employee’s immediate supervisor. It is the spirit and intent of this procedure that all grievances are settled quietly and fairly without any subsequent discrimination against employees who may seek to adjust a grievance. Every effort shall be made to find an acceptable solution at the lowest level of supervision.

The supervisor will answer the grievance, in writing, within ten (10) business days of presentation by the employee.

B. If the problem cannot be resolved between the employee and the immediate supervisor, the employee may within ten (10) business days from the date of receiving the written answer from their supervisor, request an interview with the division head, if one exists, in order to discuss the grievance. The meeting with the division head will be held within ten (10) business days of the employee submitting the request for the meeting.

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The division head will answer within ten (10) business days of meeting with the grievant(s).

C. If the division head and the employee cannot reach a solution to the grievance, the employee may, within ten (10) business days from the date of receiving the answer from the division head, request in writing and be granted an interview with the Department Director. The interview will be scheduled within ten (10) business days of the employee submitting the request.

The Department Director shall render an answer within ten (10) business days of meeting with the grievant.

D. If the Department Director and employee are unable to arrive at a satisfactory solution, the employee may, within ten (10) business days from the date of the decision by the Department Director, submit a written appeal to the City Manager. The City Manager shall schedule a meeting with the grievant within ten (10) business days of receiving the appeal. The City Manager shall meet with the grievant and review the grievance and shall answer within ten (10) business days of discussing the grievance.

4. Appeal of City Manager’s Decision
A. If the grievant is not satisfied with the decision of the City Manager, the employer, the Union may, within ten (10) business days from the date of receiving the decision of the City Manager, submit a written request to the City Manager for the grievance to be heard by an Arbitrator.

B. Selection of Arbitrator: If the parties are unable to mutually select an Arbitrator, the State Arbitration and Conciliation Service shall be requested to select an Arbitrator.

C. Private Hearing: Arbitration hearing shall be private.

D. Cost and Expenses: Each party shall bear equally the cost of the fees and expenses of the Arbitrator, if any. Each party shall bear its own witness and attorney fees.

The Arbitrator shall render a decision in writing, within thirty (30) calendar days of the close of the hearing or of receipt of closing briefs, whichever is later. The decision of the Arbitrator is final and binding and is not subject to any administrative or judicial review except pursuant to the Civil Code Procedure.

5. Representation
A. An employee may request representation of their choice at any stage of the grievance procedure.

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B. The grievant and designated representative shall receive release time for the purpose of representing the grievant at any step. For purposes of this section, representation includes reasonable preparation and consultation.

C. The only limit on the grievant’s representation is that there may be only one other person from the bargaining unit on paid status. Representation shall not inordinately interfere with the normal course of City business.

6. Self-Representation
A. In the event a grievant elects to exercise the right to self-representation, and objects to the attendance of a Union or Business Representative, such individuals shall be excluded; provided, however, representatives of the Union will have certain rights of access to the records of the grievance proceeding. This right of access is provided in recognition of the Union’s interest in effective representation of its members.

B. Accordingly, the City of Colton shall provide the Union access to:
1) Information concerning the nature of the grievance.
2) Any procedures utilized during the course of the grievance proceeding. 3) The results of the grievance proceeding, including any discipline imposed.

C. However, in order to recognize the personal privacy interests of employees, the City shall delete from the grievance record:
1) The name of the employee filing the grievance.
2) The employee’s social security number, address, and telephone number. 3) Any other personal information protected under right of privacy.

7. Freedom From Reprisal
No grievant shall be subject to coercion, discrimination, reprisal, or disciplinary action for discussing a complaint or grievance with their immediate supervisor, or for the good faith filing of a grievance.

8. Time Limits
A. Failure by a grievant to meet a deadline set in this procedure shall terminate the grievance, and the grievant shall not have a right to refile on the same set of facts, unless good cause is shown for the delay, or if the City waives thedeadline.

B. Failure by the City to meet a deadline shall give the grievant the right to proceed to the next step.

C. Time limits in this procedure may be extended by mutual written agreement between the parties.

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9. Disciplinary Action Appeal Process
The disciplinary action appeal process is to allow employees who are dissatisfied with management action to have the following forms of recourse:

A. WRITTEN REPRIMANDS: An employee who receives a written reprimand may appeal such action to the City Manager. The written reprimand will include a notice of appeal rights. Such appeal shall be made in the form of a memorandum or letter to the City Manager from the authorized Union representative within three (3) business days of receiving the reprimand. The City Manager shall have five (5) business days to meet with the employee and five (5) business days to issue a written determination following such meeting.

The determination of the City Manager shall be final and binding, and shall not be subject to further appeal.

B. DISCIPLINE APPEAL PROCEDURE (DISCIPLINARY SUSPENSIONS, DEMOTIONS AND DISMISSALS): The City shall comply with Administrative Policy No. 4.05.250, thus ensuring that employees are afforded “due process.” A permanent employee who is suspended, demoted or dismissed shall have the right to appeal to an Arbitrator. Such appeal should be made in the form of a memorandum or letter to the City Manager from an authorized Union representative within ten (10) business days of receiving the “Order of Disciplinary Action.” The disciplinary appeals process is as follows:

A. Selection of Arbitrator: If the parties are unable to mutually select an Arbitrator, the State Arbitration and Conciliation Service shall submit a list of persons qualified to act as Arbitrators. Within five (5) business days following receipt of the list of Arbitrators, the parties shall select an Arbitrator. Unless the parties agree to another method of selecting the Arbitrator, the parties shall alternately strike one name from the list until one name remains. The right to strike the first name is determined by coin toss.

B. Private Hearing: Discipline appeal Arbitration hearing shall be private unless appellant wishes the hearing to be open.

C. Costs and Expenses: Each party shall bear equally the cost of the fees and expenses of the Arbitrator and court reporter, if any. Each party shall bear its own witness and attorney fees.

The Arbitrators shall render a decision in writing within thirty (30) business days of the close of the hearing or of their receipt of closing briefs, whichever is later. The decision of the Arbitrator is final and binding and is not subject to any administrative or judicial review except pursuant to the Code of Civil Procedure.

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SECTION 6: CONTRACT BAR
It is understood that this MOU shall constitute a bar to any petition or request for recognition in any unit which includes classifications of employees covered by this MOU where such petition or request seeks to represent such employees at any time prior to the expiration of this MOU.

SECTION 7: MANAGEMENT RIGHTS
It is understood and agreed that the City retains all of its powers and authority to direct, manage, and control to the full extent of the law. Included in, but not limited, to those duties and powers are the rights to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the level, means, and kinds of services to be provided; establish its policies, goals, and objectives; determine staffing patterns; determine the number and kinds of personnel required; contract out work, transfer work out of the unit, maintain the efficiency of City operations, build, move, or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue and take action on any matter in the event of an emergency. Emergency is a sudden, generally unexpected, occurrence or occasion requiring immediate action which affects City facilities or equipment or otherwise involves an Act of God or specific governmental order requiring the City to take certain action or refrain from taking certain action. In addition, the City retains the right to hire, classify, assign, evaluate, promote, discipline and terminate employees for just cause.

It is expressly agreed by both parties that the City’s determination to exercise those rights described herein shall not be subject to the meet and confer process. However, the impact of exercising said rights is subject to the meet and confer process.

It shall be the policy of the City that no employee shall be interfered with, intimidated, restrained, coerced, or discriminated against in matters of employment, appointments, promotions, or other actions requiring the application of the merit principle. The City’s actions in exercising the rights described herein shall be based on merit and fitness, free of favoritism and personal and political considerations.

SECTION 8: NEW EMPLOYEE ORIENTATION
New employee orientation means an “in person” meeting designated as such and scheduled with representatives of the City of Colton to advise and inform new employees of their employment benefits, responsibilities, City Rules, and other similar related matters. Currently, the City performs new employee orientations on the first day of work, typically at the beginning of a pay period (Monday at 8 a.m.). However, there may be instances where orientations are held on a different date and/or time following their actual start date due to business needs. Typically, the orientation process lasts one (1) to two (2) hours.

The City of Colton will make every effort to provide written notice (by email, letter, or text) to the Union of all new employee orientations, which they represent, at least fifteen (15) calendar days, no less than ten (10), prior to the scheduled orientation. The new employee orientation notice provided to the Union shall include the date, time, and location of the orientation. This

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will allow for proper scheduling to ensure that representative(s) from the Union are available to meet with the employee prior to or following the orientation session. If the Union or its representative is not available on the day or time the City has scheduled its orientation, the City will allow the Union to meet with the new employee within a week of hire.

Teamsters Local 1932 will be provided the opportunity to have up to two (2) representatives to meet with the new employee for up to 45 minutes of uninterrupted private time prior to or following of the new employee orientation. The Union may provide written materials, including a packet of information, to the new employee(s). The Union agrees in its portion of the orientation not to engage in speech that could cause substantial disruption or material interference with City business and activities and to comply with all City policies and procedures.

The Union’s presentation will be conducted during paid City time as a regular part of the new employee orientation. One (1) of the two Union representatives will be the Business Agent and the other may be a Bargaining Unit member (City employee). Approval from the Department Director shall be authorized prior to a Bargaining Unit member attending the new employee orientation. At no time shall the Bargaining Unit member (acting as a Union representative) meeting with the new employee result in any overtime or additional costs to the City. A Bargaining Unit member attending the orientation as a Union representative shall do so during their regular working hours so asto not incur additional costs to the City. The Union will provide the Human Resources Director, at least 48 working hours in advance, notice of the name(s) of the Bargaining Unit member(s) who they wish to attend the orientation.

During the new employee orientation, the City shall make every effort to provide a written statement, obtained from the Union, to each new employee hired into a position/classification represented by the Teamsters Local 1932 Bargaining Unit, that the employee’s position is represented by the Union. To properly identify current leaders, the Union will provide a roster of representative(s) to the City prior to such orientation.

Within 30 days of hire or by the first pay period of the month following hire, the City of Colton shall provide Teamsters Local 1932 with the name, job title, department, work location, work, home and personal cellular telephone numbers, personal email addresses on file with the employer, as well as home address of all newly hired employees. While AB119 requires that the City of Colton provide the Union with this information for all employees in the Bargaining Unit at least every 120 days, Teamsters Local 1932 agrees to receive this information twice a year on July 1st and January 1st, except asspecified.

Employees who choose not to have their personal information (home address, home telephone number, personal cellular number, or personal email address) released to the Union can sign a Waiver of Informational Release form.

SECTION 9: SHOP STEWARDS
Employees who are appointed as Shop Stewards by the Union must be identified to the Human Resources Director.

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The City recognizes the right of Teamsters Local 1932 to designate Shop Stewards and alternates from the Colton Mid-Management Bargaining Unit. The duties and activities of Shop Stewards and alternates so designated by Teamsters Local 1932 shall be but not limited to:

A. The investigation and presentation of grievances with the City of the designated City representative in accordance with the provisions of the MOU and the laws governing the State of California. Only one (1) Shop Steward is permitted to participate in these types of meetings.

B. The Shop Steward or the designated alternate shall be permitted reasonable time to investigate, present and process grievances. Upon notice and approval of the supervisor, a Shop Steward shall be afforded the right to leave their work area for a reasonable period to investigate grievances or potential grievances. Requests can be postponed in the event of natural disaster or an unforeseen emergency.

C. Shop Stewards shall be granted leave time to attend trainings, activities and/or conventions.

The Shop Stewards shall be permitted to attend the designated monthly training at Teamsters Local 1932. Shop Stewards shall be granted a total of sixty (60) hours per fiscal year to be used amongst all four (4) Shop Stewards. The City is not required to pay for leave time exceeding more than four (4) hours in a day.

D. TIME-OFF FOR MEETING AND CONFERRING. The City shall provide reasonable time off to a reasonable number, not to exceed four (4) duly authorized Union representatives for the purpose of meeting and conferring with City representatives.

E. However, in no case shall more than two (2) employees from any one division be simultaneously present at meet and confer sessions. The Union shall provide the City with a list of said authorized personnel at the beginning of each fiscal year (no later than July 10). No Union representative shall be compensated by payment of overtime for participation in any meet and confer session. Such designated Union representatives shall be released for engaging in the meet and confer process one (1) hour before the scheduled time for commencement of the meeting and shall return to the performance of their duties not later than one (1) hour after conclusion of the meet and confer session.

F. If a union representative (including a Shop Steward) wants to meet with members of the Union for any other purpose, such meeting must take place during off duty hours or while the employee (and if the representative is an employee, the representative themselves) is on their lunch break.

ARTICLE II

COMPENSATION
SECTION 1: SALARY
All employees in the above-represented classifications shall receive a base salary as set forth in the Pay and Classification Plan for the City of Colton.

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Effective the first full pay period after July 1, 2026, employees in the above represented classifications shall receive a three percent (3%) across the board salary increase. Effective the first full pay period after July 1, 2027, employees in the above represented classifications shall receive a three and one-half (3.5 %) across the board salary increase. Effective the first full pay period after July 1, 2028, employees in the above represented classifications shall receive a four percent (4%) across the board salary increase.

For purposes of salary surveys, the survey cities are: Banning, Montclair, Moreno Valley, Redlands, Rialto, and San Bernardino. No cities shall be added to or removed from this list during the term of the MOU.

SECTION 2: OVERTIME
The following classifications are designated as non-exempt: Building Maintenance Supervisor, Collection System Maintenance Supervisor, Early Care & Education Site Supervisor, Public Works Supervisor, Warehouse Supervisor, Wastewater Utility Supervisor, Water Distribution Supervisor, and Water Production Supervisor.

All non-exempt employees required to work in excess of 40 hours in a seven-day cycle shall receive compensation at the rate of one and one-half (1 ½) times their regular rate of pay.

The City agrees to provide a minimum of two (2) hours work time for each employee if they physically report for scheduled overtime and that overtime is thereafter canceled for any reason.

In determining an employee’s eligibility for overtime, paid leaves of absences shall be included in the total hours worked.

There shall be no pyramiding of overtime or other premiums. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked.

Overtime shall be recorded and paid in minimum increments of 15 minutes.

Planned overtime shall be divided as equitably as possible among available and qualified personnel and within each classification. Management reserves the right to make the final determination in all overtime scheduling.

SECTION 3: COMPENSATORY TIME
In lieu of receiving overtime pay pursuant to the Section above, an employee may elect to receive compensatory time at the rate of one and one-half (1 ½) times the actual hours worked, including travel time from and to the employee’s residence.

Compensatory Time Cashout:

Employees shall be allowed to sell back up to forty (40) hours accrued compensatory time once

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per calendar year subject to the following provisions to address the IRS concept of Constructive Receipt:
a. Employees may make a written election to cash out some or all of the leave pay that the employee will accrue in the following year, subject to the provisions/limitations for cashouts/buy backs in this MOU. Such election to cash out leave pay must be made by the employee on or before December 31st of the year prior to the employee’s payout date for the leave pay being cashed out/bought back. Such election will be irrevocable once made. b. The payout date for the cashed out/buy back leave pay will be in the first full pay period after December 1 of each year, and must be a date by which the employee will have accrued in such payroll year leave pay which equals or exceeds the amount of leave pay which the employee has elected to cash out.

SECTION 4: REST PERIODS
A. An employee who works sixteen (16) consecutive hours shall earn a rest period as follows:

1. Collection System Maintenance Supervisor, Wastewater Utility Supervisor, Water Distribution Supervisor and Water Production Supervisor shall earn a ten (10) hour rest period.

2. All other non-exempt classifications shall earn an eight (8) hour rest period. A rest period of at least the lengths of time stated in “A” above (either 10 or 8 hours) shall be considered an interruption of consecutive hours worked.

B. Rest periods of less than the lengths stated in “A” above (either 10 or 8 hours) shall be counted as time worked but not paid.

C. Employees shall be compensated at their regular rate of pay for all regularly scheduled work time that falls while that employee is off on their earned rest period.

D. Employees directed to return to work while on a rest period shall be compensated at the applicable overtime rate of pay for their classification for all time worked until the appropriate rest period is completed. Such overtime pay shall be in lieu of, and not in addition to, pay received under the provisions listed above.

E. Time paid for meals not taken shall not count towards earning a rest period. A paid mealtime taken shall count towards earning a rest period.

F. When the rest period extends into a regularly scheduled workday the employee may elect to use vacation time, compensatory time, floating holiday time, or leave without pay for the remainder of the workday for any hours after the paid rest period has ended.

G. For the purpose of the rest period eligibility, Sundays and holidays will be treated as a normal workday.

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SECTION 5: ACTING PAY
Any employee assigned to work in a higher classification for a period of 39 consecutive work hours or more, shall receive compensation from the first hour at 5% above the employee’s current pay range, or Step “A” of the acting positions pay range; whichever is greater; except that in no case will an employee be compensated at higher than “E” Step of the acting salary range.

Regularly, scheduled holidays shall be counted as “work hours” for the purpose of qualifying for acting pay only. All other leave hours shall not count as “work hours” for the purpose of qualifying for acting pay. No increase in benefits is to be provided to an employee in acting pay status.

Duration of assignment shall not exceed six (6) months. This may be extended for an additional six (6) month period upon mutual agreement between the employee and City, and only due to extenuating circumstances. Employees in a probationary status shall not be eligible to be assigned to acting assignments.

The City agrees that represented employees working out-of-class shall be properly trained prior to out-of-class assignment. Employees in a probationary status will not be assigned to perform higher-level duties or serve in an “acting” capacity.

Acting appointments shall be made based on the needs of the City. Appointees shall meet the minimum qualifications for the position whenever possible. Eligible employees’ experience and job knowledge shall be given major consideration before an appointment is made. Employees working out-of-class in a position outside of the Teamsters Mid-Manager Unit, may only be made by the Department Director or designee and; when the higher-level position is vacant, or due to vacations. Eligible employees’ experience and job knowledge shall be given major consideration before an appointment is made.

The Department Director shall post a notice on bulletin boards (which employees have access to) and email employees of the intent to make such an appointment at least one week prior to making an acting appointment. Employees shall advise the Department Director in writing if they are interested in being considered for such an appointment. The Department Director shall be under no obligation to interview all such employees prior to making an acting appointment; however, if interviews are held, all interested employees who meet the minimum qualifications shall be interviewed. This provision shall not apply in cases of emergency.

SECTION 6: BILINGUAL PAY
The City agrees to pay $50.00 per pay period (except the 3rd pay period of the month), $100 per month to employees who successfully complete a bilingual examination and who have been recommended by the Department Director and approved by the Human Resources Director. The bilingual pay is tied to the classification rather than the individual employee and will terminate if the employee moves to a new classification.

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SECTION 7: SPECIAL ASSIGNMENT COMPENSATION
Employees who have been given the temporary assignment involving the performance of more difficult duties and requiring a greater level of skills(s) or duties outside of their classification, may be granted additional compensation.

The duration of such assignments is not intended to exceed one (1) year. This provision shall not be used to circumvent the merit system of promotion or the provisions for reclassification. The specific, temporary assignment duties must be identified in writing prior to the start of the assignment.

Special Assignment Compensation shall be awarded in pay period increments and in the form of a specified percentage of the employee’s base pay. The Human Resources Director will determine the amount in increments of one percent (1%) from a minimum of two percent (2%) up to a maximum of five percent (5%).

The additional compensation will be computed at the specified percentage of the current base pay of the employee for each pay period. Such increases in pay shall not affect an employee’s step advancement in the base range. Requests for Special Assignment Compensation may be initiated by the City or by an employee via their supervisor.

The City bears the responsibility for initiating the compensation request in a timely manner and adhering to the compensation provisions defined in this article. The employee’s supervisor shall obtain review and approval of the request in advance of the date the employee begins the assignment.

A special assignment will only begin with the Human Resources Director’s signed approval, written description of the assignment, agreement of the amount of additional compensation, anticipated duration of assignment and signed acceptance by the employee.

SECTION 8: LONGEVITY PAY
Effective the first full pay period after July 1, 2026, eligible employees shall receive a monthly longevity stipend as follows (Non-Stackable). Payment of the longevity stipend shall be issued on a bi-weekly schedule (26 payments per year) totaling the following amounts:

1. Upon completion of ten (10) years of City Service - $100 per month.

2. Upon completion of fifteen (15) years of City Service - $200 per month.

3. Upon completion of twenty (20) years of City Service - $300 per month.

4. Upon completion of twenty-five (25) years of City Service - $400 per month.

Eligible employees shall only receive one monthly longevity stipend. Longevity stipends shall not be cumulative.

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SECTION 9: PROMOTIONS
Bargaining unit employees promoted to another classification within the Mid-Manager unit shall be placed at a step in the new position’s pay range that is at least ten percent (10%) higher than their salary or wage in the prior position, not to exceed top step of the new position.

SECTION 10: UTILITY CREDIT
All Mid Manager Unit employees who reside within the City of Colton limits and receive services through Colton Utility, shall receive $100.00 per month per employee household as a credit against the cost of electric and water service during the time the employee(s) resides in the City. To qualify for the credit, the employee must present proof of residency and the utility bills must be under their name. The employee(s) must recertify every year.

The method of receiving the credit will be through payroll deduction as taxable earnings.

The effective date of the Utility Bill Credit is January 1, 2019.

SECTION 11: VOLUNTARY DEDUCTION FOR D.R.I.V.E. PROGRAM
Effective 90 days after adoption of this MOU after January 1, 2021, the City will facilitate a voluntary payroll deduction to allow employees to contribute to the Teamsters D.R.I.V.E. program.

SECTION 12: EDUCATION & CERTIFICATE INCENTIVE PAY
Effective the first full pay period after July 1, 2021, the City agrees to pay an additional five percent (5%) of base pay (non-cumulative) for one (1) of the following:
• Any certificate from an accredited college or university above or beyond that which is required as part of the minimum requirements for the job when it enhances an employee’s ability to perform the normal job functions of their position. The incentive pay must be tied to the job description and is subject to confirmation by the City that the education enhances an employee’s ability to perform the normal job functions of their position; or
• Any Associate of Arts degree, Bachelor’s degree, or Master’s degree from an accredited college or university above or beyond that which is required as part of the minimum requirements for the job when it enhances an employee’s ability to perform the normal job functions of their position. The incentive pay must be tied to the job description and is subject to confirmation by the City that the education enhances an employee’s ability to perform the normal job functions of their position; or
• Any license (generally accepted within the respective field) above or beyond that which is required as part of the minimum requirements for the job. The incentive

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pay must be tied to the job description and is subject to recommendation by the Department Director with approval by the Human Resources Director or designee and the City Manager.

For example: the Accountant position in the City requires a higher education degree, preferably a bachelor’s degree. If an Accountant obtains a certificate in accounting (usually 12 units) this would not qualify for the incentive pay as the education component is already inherent within the job requirements. However, if an Accounting Technician I were to receive a generally accepted accounting certificate from a college or university, the incentive pay may be considered as appropriate since an education preference is not inherent within the job requirements and would enhance an employee’s ability to perform their normal job functions.

To the extent that compensation for a degree or certificate qualifies as “educational incentive” special compensation under Title 2 California Code of Regulations sections 571 and 571.1 of the Public Employees’ Retirement Law, it shall be reported to CalPERS as additional compensation for use in retirement calculations. However, any compensation paid to an employee that is related to any license pay as described in the paragraph above shall not be reported as additional compensation to CalPERS, since it does not meet the definition of “educational incentive.” Incentive Pay is non-cumulative and the maximum compensation an employee is eligible to receive is five percent (5%).

SECTION 13: EMERGENCY MEAL PERIODS
The following classifications shall earn meals at fixed intervals during periods of call-out overtime, planned overtime, and during an extension of the regular or planned workday:

Collection System Maintenance Supervisor
Wastewater Utility Supervisor
Water Distribution Supervisor
Water Production Supervisor
During call-out or planned overtime, one paid forty-five (45) minute meal period and one meal compensation of $15.00 will be earned for each four (4) consecutive hours of paid overtime completed.

During extension of the regular workday, one paid forty-five (45) minute meal period and one meal compensation of $15.00 will be earned after working a minimum of one and one-half (1 ½) consecutive hours of paid overtime completed; thereafter, meals will be earned after completion of each four (4) consecutive hour intervals as described above.

Employees that work one and one-half (1 ½) consecutive hours or more immediately prior to the beginning of a regular or planned overtime shift will earn a forty-five (45) minute meal period and a meal compensation of $15.00.

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Employees called back within one and one-half (1 ½) hours after the end of their shift shall earn a forty-five (45) minute paid meal period and a meal compensation of $15.00. Paid meal periods will not count as hours worked.

It is recognized that employees may not be able to leave an emergency situation and that the final determination of this fact shall be made by the supervisor in charge of the particular activity. In the event that emergency circumstances prevent employees from leaving to take a meal break for at least six (6) hours, the City shall arrange to have meals brought to the job site and employees may eat as circumstances permit.

Employees shall receive pay for earned meal periods and meal compensation regardless of whether the meal period or meal is actually utilized. All meal periods will be paid at the applicable overtime rate for the employee.

The City shall not change schedules for the sole purpose of avoiding overtime.

SECTION 14: STANDBY PAY

STANDBY PAY FOR NON-EXEMPT CLASSIFICATIONS
An employee in a non-exempt classification may earn Standby Pay upon approval of the Director of their Department. An employee on standby may leave a telephone number where they may be reached while on standby. An employee shall be able to respond from such phone number within 60 minutes of being contacted for City business.

Standby pay shall be earned in the amount of ten (10) hours straight time of compensatory time off by each full-time employee working regularly scheduled ten (10) hour days from Thursday at the end of the working day, for a period not to exceed seven (7) days unless extended by a holiday.

When a City recognized holiday falls during the standby week, the City shall pay an employee on standby ten (10) hours straight time of compensatory time per holiday. Such compensatory time shall be used in accordance with Article II, Section 5: Compensatory Time.

SECTION 15: MERIT INCREASE
Employees shall be evaluated on an annual basis and receive merit increases if eligible and upon satisfactory performance with a minimum of a “meets standard” evaluation. If an employee’s performance evaluation (“EVAL”) is not completed within sixty (60) calendar days of the employee’s annual EVAL date, the employee may request a reason for the delay from the Human Resources Department. The City may delay completion of the EVAL for legitimate business purposed (e.g., employee has a pending investigation, employee has not yet completed their EVAL self-assessment, etc.) Absent a legitimate business purpose for not completing the EVAL within sixty (60) calendar days of the employee’s annual EVAL date and the employee is entitled to an annual merit step increase, the merit step increase shall be implemented, effective the anniversary date of the employee, on the sixty-first (61st) day after the employee’s EVAL date or the date of completion of their employee EVAL self-assessment, whichever is later.

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SECTION 16: RETROACTIVE PAY CALCULATIONS
Retroactive pay calculations are paid on the base rate of pay as of the effective date of the increase.

However, the City and Union have agreed to a one-time bonus payment in lieu of retroactive payments for all Association members. It is agreed and understood that the one-time bonus payment shall be taxed but shall not be reported to CalPERS for retirement calculations or any other purposes. It is also agreed and understood that this one-time bonus payment is intended to avoid the tedious task of calculating each individual member’s retroactive pay effective July 1, 2026 and shall only apply to the retroactive payments for all Union members as a result of the implementation of this MOU for the period of July 1, 2026, until the first full pay period after City Council approval of this MOU. It is further agreed and understood that no employee in this Bargaining Unit will receive a separate retroactive payment concerning any of the salary and/or incentive pay increases in this MOU effective July 1, 2026, including but not limited to, retroactive payments for any overtime worked between July 1, 2026 and the implementation date of this MOU is expected to be the first full pay period after City Council approval on October 6, 2026. The following one-time bonus amount has been agreed to with the understanding that this MOU will be reviewed and approved by City Council on October 6, 2026 and the MOU terms will be implemented the first full pay period after City Council approval: all Association members in this bargaining shall receive a one-time bonus of two thousand seven hundred and fifty dollars ($2,750).

ARTICLE III

FRINGE BENEFITS
SECTION 1: HEALTH INSURANCE
The City participates in a Section 125 Cafeteria Plan. Under the cafeteria plan, all participating bargaining unit employees will receive the following monthly allowance from which employees can choose medical, dental and/or vision insurance; additionally, supplemental insurance opportunities will be provided, in order for employees to purchase supplemental medical insurance and childcare coverage:
• Effective the first full month after City Council approval of the MOU – $1,800.00 per month.
• Effective the first full pay period after January 1, 2027: $1,900.00 per month. • Effective the first full pay period after January 1, 2028: $2,000.00 per month.

The City will adhere to the Cafeteria Plan requirements for all bargaining groups. Should the monthly allowance change, the City and Union agree to meet and confer to discuss the impact of any changes.

EMPLOYEES HIRED BEFORE MAY 1, 2018
Employees who provide the City with satisfactory proof of alternate group health coverage comparable to the City’s offered health insurance plans can decline, in writing, coverage on the City’s medical insurance plans. The alternative health coverage must meet all requirements of the

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Affordable Care Act (ACA) and related regulations for an eligible Opt-Out Arrangement. In those instances, where the employee’s medical insurance premium is less than the City’s monthly contribution, the difference between said cafeteria dollar amounts shall be provided in the form of bi-monthly cash disbursements (payable 24 times per year). Cash disbursements to the employee are subject to being taxed, pursuant to the appropriate tax codes.

EMPLOYEES HIRED AFTER MAY 1, 2018
Employees hired on or after May 1, 2018, shall have a cap of $500 per month for cash-in-lieu for the difference between the medical insurance premium and the cafeteria dollar amount.

SECTION 2: RETIREES’ HEALTH INSURANCE PARTICIPATION
Mid-manager employees who retire from the City may, choose to enroll in City-provided health insurance plan. Employees who retire shall be eligible for City-paid medical insurance coverage until eligible for Medicare based on the formula set forth below. Upon becoming eligible for Medicare, the employee may maintain medical insurance with the City by paying one hundred percent (100%) of their premium and any dependents premium. If the retiree is ineligible for Medicare benefits, the City will continue to pay the premiums under the formula set forth below, provided the employee remains eligible for coverage under the City-provided health insurance plan. The retiree is responsible for any portion of the health care premium (including any applicable spouse or dependent coverage) not covered by this formula. Participation in any health insurance plan, whether at the City’s or the employee’s expense is subject to any rules and conditions imposed by the carrier as well as contingent upon the carrier’s approval of the enrollment of the retiree and any applicable spouse or dependent. Further, the retiree, spouse or dependent shall be financially responsible for complying with any carrier-imposed rule or condition. Retirees shall receive premium dollars based on the following:

Years of Service
with Colton
Percentage of
Cafeteria Dollars
Years of Service
with Colton
Percentage of
Cafeteria Dollars
5 40% 18 66%
6 42% 19 68%
7 44% 20 70%
8 46% 21 72%
9 48% 22 74%
10 50% 23 76%
11 52% 24 78%
12 54% 25 80%
13 56% 26 82%
14 58% 27 84%
15 60% 28 86%
16 62% 29 88%
17 64% 30 90%
The retiree may use the allotted dollar amount to purchase medical insurance for themselves and their legal dependents. The percentage is based on the monthly Cafeteria Plan allowance for active City employees. The dollar amount may fluctuate in future years based on the Cafeteria Plan

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allowance determined by City Council. However, the dollar amount will never go below the amount the employee will receive when they retire.

In the event the retiree and/or dependent premiums exceed the allowance amount per the above schedule/formula, the retiree shall pay the excess/difference on a monthly basis.

In the event the retiree moves out of state to an area where the City’s health insurance carriers do not provide coverage, the retiree must show proof of health insurance coverage and payment of monthly premiums before reimbursement, subject to the aforementioned formula limits.

If the premium cost is less than the amount allocated by the formula, the retiree does not receive the difference. Additionally, there is no opt-out money paid to the retiree.

In the event that the City reduces the Cafeteria Plan allowance, retirees will not receive an amount of premium dollars that is less than their allowance at the time of the reduction.

The retiree will provide CalPERS with all documentation required for any qualifying event, within the time limits governed by CalPERS.

ALL EMPLOYEES HIRED BEFORE MAY 1, 2018
Effective July 1, 2023, City’s contribution for Retiree Health Insurance Benefits will be capped at the current maximum monthly contribution rate as set forth above with an eventual cap of $1,225 per month, subject to the sliding scale of years of service and percentages set forth in this Article.

Any employee who retires before July 1, 2023, shall not be impacted by the establishment of the cap in this provision.

ALL EMPLOYEES HIRED ON OR AFTER MAY 1, 2018
Employees hired on or after May 1, 2018; City’s contribution for Retiree Health Insurance Benefits will be capped at $500 per month.

Dental and vision coverage are not paid by the City on an ongoing basis after an employee retires (service or disability retirement) from City service. The retiree shall be offered COBRA dental and vision coverage, which ends at a designated time. Once COBRA benefits expire, retirees must seek coverage of their own.

SECTION 3: RETIREMENT
Each employee shall pay the full amount of the normal member contribution. Any Unit member that established CalPERS membership prior to the implementation of the Public Employees’ Pension Reform Act of 2013 (PEPRA) in connection with City employment or that otherwise establishes “classic member” status, as defined in Section 579.1 of the California Code of Regulations, shall be subject to one of the following pre-PEPRA retirement formulas determined on the basis of their original date of hire:

Employees hired prior to June 1, 2012: 2.7% at 55
Employees hired on or after June 1, 2012: 2.5% at 55

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The normal member contribution applicable to members participating in these retirement formulas continues to be 8%. Any Unit member that is considered a “new member” hired on or after January 1, 2013, as defined in PEPRA shall be subject to the PEPRA retirement formula for miscellaneous members which is 2% at 62. The normal member contribution for “new members” will be determined by CalPERS in accordance with PEPRA.

SECTION 4: PERS4
th LEVELSURVIVOR BENEFIT
The City will provide CalPERS 4th Level Survivor benefits to all Mid-Managers Unit employees.

SECTION 5: TERM LIFEINSURANCE
The City shall provide a total of $50,000 term life insurance for each represented full-time employee.

SECTION 6: SHORT AND LONG TERMDISABILITY

SHORT TERM DISABILITY
The City shall provide to each represented full-time employee a short-term disability program. The terms of the plan shall be more fully set forth in the plan documents. The elimination period is defined as the first continuous 30 calendar days of each period of disability. The employee may choose to supplement the disability allowance with accumulated paid leave up to a maximum of 100% of base salary including the disability allowance. However, should the employee elect to use sick leave, the equivalent dollar value shall be deducted from the disability allowance.

LONG TERM DISABILITY
The City shall provide to each represented full-time employee a long-term disability program. The terms of the plan shall be more fully set forth in the plan documents; however, it shall provide coverage at 66-2/3% of the first $15,750 of the employee’s monthly pre-disability earnings, reduced by any deductible income. The elimination period is defined as the first 180 calendar days of each period of total disability. The employee may choose to supplement the disability allowance with accumulated paid leave up to a maximum of 100% of base salary including the disability allowance.

SECTION 7: TUITION REIMBURSEMENT
ALL NON-PROBATIONARY EMPLOYEES:

The City agrees to reimburse employees up to $2,500 per employee, per fiscal year, so long as funds are available, for 100% of costs for tuition and books incurred for job-related education.

Such expenditure must enhance the furtherance of City or continuing educational goals. Requests for such reimbursement must be submitted after successful completion of the course(s) and must be approved first by the Department Director, then by the Human Resources Director. Employee initiated educational or area development shall not be considered as time actually worked for purposes of computing overtime and normally shall not occur during regular work hours.

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City Administrative Policy #4.05.310 shall be the procedure utilized during the term of this contract. This section shall not be construed to eliminate employer sponsored training for the maintenance of certifications required by the City or any other jurisdiction.

SECTION 8: UNIFORMS
The monetary value for the rental, purchase, and maintenance of the uniforms provided shall be reported to CalPERS as compensation. Government Code Section 20636 and CCR Section 571 require that the monetary value for the purchase, rental, and/or maintenance of required uniforms be reported as special compensation for classic members. For applicable positions requiring uniforms, the value of the uniform shall be reported to CalPERS on behalf of eligible employees at $15.38 per pay period in accordance with applicable CalPERS requirements and pursuant to the Public Employees’ Pension Reform Act (PEPRA). Uniform amount will be adjusted annually based on the invoice paid by the City.

When the City requires employees to wear uniforms, such City required uniforms shall be worn at all times during working hours. Supervisors are not required to wear a uniform when engaged in duties away from their regular work crew or when acting on behalf of their immediate supervisor or designee.

The uniforms shall be replaced during the year for damage occurring in the line of duty, with approval of the Department Director. Uniforms will not be worn while off duty.

The following positions are required to wear a uniform:

Building Maintenance Supervisor
Early Care & Education Site Supervisor
Executive Assistant (Fire Department)
Warehouse Supervisor
SECTION 9: BOOT ALLOWANCE
The City will provide an annual allowance of $200.00 to each unit member for whom work/safety boots or shoes are required (applicable to field personnel who wear certain shoes for safety purposes). Said boot allowance will be provided as a separate check, to eligible employees on or about July 1 of each fiscal year.

SECTION 10: EMPLOYEE BENEFIT COMMITTEE
The City and Teamsters Local 1932 will create and maintain an Employee Benefit Cooperation Committee. The City’s team shall consist of, at minimum, the City appointed Chairperson Representative from the City’s Human Resources Department. Teamsters Local 1932 shall provide two (2) members from the Mid-Managers’ unit, to represent the Mid-Manager bargaining group on the committee. The committee shall meet with the City’s appointed Chairperson, two months prior to open enrollment. The committee shall meet to discuss all potential changes,

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offerings, annual premium changes, and modifications to any and all fringe benefits that are offered to employees through the Mid Manager Memorandum of Understanding.

These meetings are considered informational in nature; changes to fringe benefits that require the City to engage in the meet and confer process will be discussed in this forum. Both the City and/or Teamsters Local 1932 can request to meet and confer over the impacts of the changes to fringe benefits offered.

SECTION 11: SOCIAL SECURITY
The City no longer participates in the Social Security Administration as of December 31, 1979.

However, in the event the City and its employees are required to participate in the Federal Social Security Program, the contribution designated by law to be the responsibility of the employee shall be paid in full by the employee and the City shall not be obligated to pay or “pick up” any portion thereof.

Nothing herein shall prevent the Union from requesting the City to meet and confer on the possible “pick up” of the employees’ contribution. Upon such request by the Union, the City agrees to meet and confer with the Union.

SECTION 12: MEDICARE
Employees hired by the City on or after April 1, 1986, shall be required to pay the designated employee contribution to participate in the Medicare Program, and the City shall be under no obligation to pay or “pick up” any such contributions.

ARTICLE IV
LEAVES
SECTION 1: ADMINISTRATIVE LEAVE
All classifications represented within this unit that are considered “Exempt” under the FLSA designation, are exempt from overtime and shall receive 80 hours (with the availability of 40 hours pay in lieu of time off buy back once per fiscal year) of administrative leave per fiscal year pursuant to Administrative Policy No. 4.05.140 in lieu of any overtime compensation.

SECTION 2: VACATION

1. ACCRUAL
All full-time employees shall accrue vacation time in accordance with the following:

During Years of
Continuous Service
Hours of Accrual
Per Month of
Service
Annual
Accrual
Maximum Accrual
Accumulation
0 months-5 6-2/3 80 160
6-10 10 120 240

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During Years of
Continuous Service
Hours of Accrual
Per Month of
Service
Annual
Accrual
Maximum Accrual
Accumulation
11 10-2/3 128 256
12 11-1/3 136 272
13 12 144 288
14 12-2/3 152 304
15+ 13-1/3 160 320
Accruals shall be on a monthly basis in accordance with the above chart. Vacation leave accrual ceases when maximum accrual is reached. Vacation accrual may be accumulated to not more than the appropriate maximum accumulation except upon written request of the affected employee and approval of the City Manager. In this event, an employee may be permitted to exceed the maximum accumulation by an amount not in excess of the accrual for a four-month period.

Previous City employment periods, during which vacation was accrued, may be considered as continuous service for the purpose of computing vacation rate upon the written request of the Department Director and approval of the City Manager.

2. USE
It is the intent that vacation time be used in time increments sufficiently long enough to permit the employee an adequate period of rest. The use of vacation time in less than weekly increments is to be discouraged. In no event may vacation be taken in increments of less than one hour nor for a period exceeding the number of accrued whole days, except upon the recommendation of the Department Director. The City Manager may authorize an eligible employee to incur a negative vacation balance of up to 40 hours. Vacation shall not be taken during the first six months of service.

Vacations shall be taken at times determined by the Department Director with due regard for the wishes of the employee and for the needs of the service.

In the event one or more City holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave.

No person shall be permitted to work for compensation for the City during vacation except with prior approval of the City Manager.

3. VACATION SELL-BACK
Effective July 1, 2026, any employee with an accrued vacation balance in excess of one hundred twenty (120) hours, shall be allowed to sell back up to eighty (80) hours of accrued vacation time subject to the following provision to address the IRS concept of Constructive Receipt:

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a. Employees may make a written election to cash out some or all of the leave pay that the employee will accrue in the following year, subject to the provisions/limitations for cashouts/buy backs in this MOU. Such election to cash out leave pay must be made by the employee on or before December 31st of the year prior to the employee’s payout date for the leave pay being cashed out/bought back. Such election will be irrevocable once made.
b. The payout date for the cashed out/buy back leave pay will be in the first full pay period after December 1 of each year, and must be a date by which the employee will have accrued in such payroll year leave pay which equals or exceeds the amount of leave pay which the employee has elected to cash out.

4. ACCUMULATED HOURS AT TERMINATION
An employee who terminates employment shall be paid for all credited or accrued vacation.

SECTION 3: HOLIDAYS
Each full-time unit member working regularly scheduled 5/8-hour days shall receive the following 8-hour holidays off:

New Year’s Day
Martin Luther King’s Birthday
Lincoln’s Birthday (to be observed as the Friday preceding Presidents’ Day) Presidents’ Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans’ Day (to be observed as the second Monday in November) Thanksgiving Day
Day after Thanksgiving
Christmas Eve (10 hours)
Christmas Day
New Year’s Eve (10 hours)
16 Floating Holiday hours accrued each July 1st
Each full-time unit member working a 4/10 schedule shall receive the following 10-hour holidays off:

New Year’s Day
Martin Luther King’s Birthday
Presidents’ Day
Memorial Day
Independence Day
Labor Day
Columbus Day

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Veterans’ Day (to be observed as the second Monday in November) Thanksgiving Day
Christmas Eve
Christmas Day
New Year’s Eve
20 Floating Holiday hours accrued each July 1st
Floating Holiday hours that are not used by the end of each fiscal year will be cashed out in the first pay period following June 30, at end of fiscal year.

When one of the fixed holidays falls on a Friday for employees on a 4/10 work week, the preceding Thursday shall be treated as a paid holiday. When a holiday falls on a Saturday, 10 hours shall be added to the employee’s floating holiday bank. When a holiday falls on Sunday, the following Monday shall be treated as a paid holiday.

Employees working regularly scheduled 5/8-hour days will receive 8 hours pay when taking Christmas Eve or New Year’s Eve off and 2 hours will be added to their floating holiday bank to be used the same as stated above.

SECTION 4: SICK LEAVE

1. DEFINITION OF FAMILY MEMBERS
Family members include the employee’s parent (adoptive, biological, foster, stepparent, or legal guardian), child (adopted, biological, stepchild, legal ward, or child to whom employee stands in loco parentis), spouse, registered domestic partner, grandparent, grandchild, and sibling. Preventive care would include but are not limited to annual physicals or flu shots.

2. ACCRUAL
Sick leave with pay shall be granted by the appointing authority at the rate of eight (8) hours for each calendar month of service. Sick leave shall not be considered as a privilege which an employee may use at his/her discretion, but shall be allowed only in case of necessity and actual sickness or disability. Unused sick leave shall be accumulated at the rate of 96 hours a year for full-time employees. There shall be no limit on the amount which can be accumulated.

3. SICK LEAVE BUY BACK
The City agrees to buy back up to 80 hours per year of sick leave at 110% of the regular rate of pay per calendar year. Employees must have used less than 49 hours of sick leave during the prior calendar year. Employees must have a minimum balance of forty (40) hours of sick leave to be eligible for this benefit subject to the following provision to address the IRS concept of Constructive Receipt:
a. Employees may make a written election to cash out some or all of the leave pay that the employee will accrue in the following year, subject to the provisions/limitations for cashouts/buy backs in this MOU. Such election to cash out leave pay must be made by

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the employee on or before December 31st of the year prior to the employee’s payout date for the leave pay being cashed out/bought back. Such election will be irrevocable once made.
b. The payout date for the cashed out/buy back leave pay will be in the first full pay period after December 1 of each year, and must be a date by which the employee will have accrued in such payroll year leave pay which equals or exceeds the amount of leave pay which the employee has elected to cash out.

4. SICK LEAVE REPORTS
In order to receive compensation while absent on sick leave, the employee shall notify their immediate supervisor or the Department Director prior to or within four (4) hours after the time set for beginning daily duties, or as otherwise specified by the Department Director.

When absence is for more than three (3) workdays, the employee shall file a physician’s certificate or a personal affidavit with the Human Resources office, stating the cause of the absence.

5. FAMILY ATTENDANCE
Employees shall have the option of using sick leave for attendance to family members, or the employee may elect to take leave without pay for attendance to family members. Family members are defined in Section 1.

6. RIGHTS OF VICTIMS OF DOMESTIC VIOLENCE
Employees are eligible to take time off and use their accrued sick leave if they are a victim of domestic violence, sexual assault, stalking, a crime that caused physical injury or mental injury, or a crime involving threat of physical injury; or are someone whose immediate family member is deceased as a direct result of a crime; to obtain relief from a court, including obtaining a restraining order, to protect you and your children’s health, safety or welfare. In general, employees do not have to give employer proof to use leave for these reasons. However, employees should tell the City before taking time off. In some instances, the City may request proof, and in those instances, employees will not be disciplined if explaining the reason for your absence within a reasonable time. Proof can be a police report, a court order, a document from a licensed medical professional, a victim advocate, a licensed health care provider, or counselor showing that you were undergoing treatment for domestic violence related trauma, or a written statement signed by you, or an individual acting on your behalf, certifying that the absence is for an authorized purpose. Employees are encouraged to speak with Human Resources staff if or when the need arises. HR Staff will provide discretion and confidentiality to employees that need help.

7. ACCUMULATED HOURS AT TERMINATION
Except as set forth below, all accrued sick leave is lost when an employee is terminated for cause. In no event shall employees who have not worked for the City as regular full-time employee for more than five (5) continuous years be entitled to use sick leave to defer termination of their employment by the City, nor shall they be compensated for sick leave upon such termination for any reason including but not limited to retirement.

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Notwithstanding the above, bargaining unit members with more than five (5) years of City employment who separate or are terminated for any reason other than a “for cause” termination shall be compensated for their accumulated, unused sick leave by payment in a lump sum. That sum is determined by the following formula:

The number of hours of sick leave accrued and unused, multiplied by their hourly rate at the time of termination, multiplied by a percentage as follows:

If employed more than five (5) years, but less than ten (10): 10% If employed ten (10) years, but less than fifteen (15): 25% If employed fifteen (15) years, but less than twenty (20): 50% If employed twenty (20) years or more: 75%
The cash value shall be computed at the employee’s hourly rate in existence at the time the monies are disbursed.

Bargaining Unit members terminated for cause shall not be entitled to cash out any accumulated, unused sick leave.

Retiring employees may be eligible to convert 100% of their accumulated sick leave to CalPERS service credit. Employees interested in electing this benefit shall submit a written request to Human Resources prior to his or her last date of employment. Eligibility for this benefit is determined by the City’s CalPERS contract and applicable CalPERS rules and regulations.

The cash value shall be computed at the employee’s hourly rate in existence at the time the monies are disbursed.

SECTION 5: BEREAVEMENT LEAVE
Up to 40 hours per occurrence, two occurrences each fiscal year, may be taken by full-time employees with pay as bereavement leave in the case of the death of the eligible employee’s father, stepfather, father-in-law, mother, stepmother, mother-in-law, brother, brother-in-law, sister, sisterin-law, wife, husband, domestic partner, child, stepchild, grandchild, grandparent or grandparent of spouse, and reproductive loss. These hours shall not be eligible to be carried forward beyond the fiscal year. The City reserves the right to require reasonable verification of the need for such leave.

SECTION 6: MEDICAL LEAVE OF ABSENCE
A medical leave of absence is defined as an approved medical leave (i.e., FMLA, CFRA, ADA, etc.) for regular full-time employees. A medical leave of absence without pay is defined as employees who have exhausted all accrued leaves and have requested leave of absence without pay. Employees on an approved medical leave of absence shall continue to receive City paid health, dental, vision; life and long-term disability insurance provided they remain on paid status for a minimum of 80 hours in each calendar month. Any combination of accumulated vacation,

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holiday, sick, administrative leave, or compensatory time may be utilized in order to achieve the 80-hour requirement. Accrual of leave while on medical leave of absence shall be pro-rated based on the number of compensable hours paid during each pay period. Disability payments may not be applied towards this 80-hour minimum.

No Cafeteria Plan contributions will be paid to an employee while on medical leave of absence after the employee exhausts all accrued leaves and is on “medical leave of absence without pay” status.

If an employee on medical leave of absence is not on paid status for at least 80 hours in any month, City contribution towards the above-mentioned benefit programs will be suspended beginning the following month for the duration of the leave of absence. In this case, the employee may continue coverage under the City sponsored programs by making the full premium payments to CalPERS or third-party administrator for COBRA benefits. In no event will insurance premiums be pro-rated.

SECTION 7: INDUSTRIAL INJURY LEAVE/INSURANCE PREMIUMS
The City will pay the insurance premiums for full-time employees on leave of absence due to industrial injury. Payment of insurance premiums will include health, dental, life and optical.

ARTICLE V

WORKING CONDITIONS
SECTION 1: WORK HOURS
All unit members shall return to a regular forty (40) hour schedule, effective January 4, 2014. The start time of each respective employee shall be determined by the employees Department Director.

SECTION 2: WORKSCHEDULE
Should the City opt to change the Monday-Thursday work schedule, both the City and Teamsters Local 1932 Mid-Managers Unit shall meet and confer before implementation of any proposed change.

SECTION 3: NEPOTISM POLICY
This policy applies to all City employees, appointed officials, and elected officials and includes any relative defined as father, father-in-law, stepfather, mother, mother-in-law, stepmother, foster parent, grandparent, grandchild, brother, brother-in-law, stepbrother, sister, sister-in-law, stepsister, wife, husband, domestic partner, child, stepchild, foster child, adopted children, sonin-law, daughter-in-law, first cousin, niece, nephew, aunt, uncle and other relatives or employees living in the same household.

For purposes of this policy, “immediate family” includes the applicant’s or employee’s spouse and any lineal descendants of the applicant or employee or of the applicant’s or employee’s spouse, whether natural or legally adopted.

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This policy shall not affect employees employed by the City in the positions held as of the effective date of this MOU.

Applicants will not be hired and employees will not be promoted into any position where the result would be that one person would:

1. Be supervised byor be in the chain of command of a relative.

2. Participate in making, or advising on, employment decisions concerning a relative. For purposes of this policy, employment decisions shall be defined as those affecting hiring, promotion or discipline.

3. Be employed in the same department as a relative if, for reasons of supervision, morale, safety or security, it is determined that the work involves potential conflicts of interest.

4. Be in one of the following, or have a member of the applicant’s or the employee’s immediate family in one of the following positions: City Manager, Department Director or member of the City Council. If a permanent full-time employee is denied a promotion or transfer under this policy, the employee may appeal such action to the City Manager within three (3) business days of the date the employee receives written notification of said action. Such appeal shall be submitted in writing, stating the reason(s) that the employment decision should be rescinded. The parties shall select and utilize an arbitrator. The arbitrator’s decision shall be considered final and binding with no further administrative appeal rights.

SECTION 4: LAYOFF POLICY
The Union agrees to meet and confer with the City if layoffs are anticipated at any time during the terms of the agreement.

1. GENERAL PROVISIONS
A. Definition: A layoff is the involuntary separation or reduction of a regular employee to a position in a lower classification without fault of the employee. Layoff applies only to fulltime positions. A layoff occurs only when a position is deleted from the authorized budget or when funds are withdrawn from a previously funded position.

B. Short-term Furlough: Furloughs for periods not to exceed 40 consecutive work hours may be made in any order for reasons approved by the City Manager. Such furloughs shall not exceed 80 hours per employee per fiscal year and every consideration will be given to seniority where appropriate. Employees who are furloughed shall be granted a leave without pay with the right to return to classification.

2. NOTIFICATION
Whenever a Department Director believes that a layoff will be necessary, the Department Director will submit a layoff plan to the City Manager for approval. The layoff plan shall

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include the anticipated number, and job title(s) of employee(s) to be laid off and seniority list by classification of all affected employees. The affected employees and the employee Union shall be provided with a copy of the approved layoff plan at least two (2) weeks prior to its effective date.

3. ORDER OF LAYOFF
A. Layoffs shall be made on the basis of seniority determined by the employee’s hire date of continuous service in a full-time position. In the event of a tie in total time of continuous service between two or more employees, the order of layoff shall be determined at the discretion of the City Manager.

B. Before any reduction in the work force of full-time employees occurs, all temporary parttime, provisional, probationary, contract or other individuals without regular status in the affected classifications shall be terminated.

C. Probationary employees and employees in acting appointments, who have regular status in another classification, shall be returned to their former classification where they will be subject to layoff under provisions applicable to other employees in that classification.

D. If a regular employee to be separated has regular status in a lower classification, reduction in classification (bumping) within the City shall be approved. For purposes of bumping, the number of positions filled by the least senior employees in the affected classification(s) equal to the number of positions being deleted from the classification shall be identified.

Additionally, all vacant positions in the affected classification shall be made available to the affected employees. This collective group of positions shall then be subject to the bumping process.

E. Regular employees whose positions have been deleted shall be allowed to exercise their options, based on seniority, to select either a vacant position or to bump into any one of the filled junior positions within their current classification. An employee who elects not to bump into any position within the collective group of vacant and filled junior positions, thereby retaining their existing classification, shall be provided the opportunity to select from those options identified in (G) of this policy.

If an employee accepts a lower paying or less than full-time position, the employee does not waive recall rights to the former position pursuant to Section 5 below.

F. Reductions in classification shall only be approved when the employee has previously passed probation in the lower classification. Reductions in classification shall first be made to the next lower classification in which the employee has regular status. The employee being reduced may only replace a junior employee, or be placed in a vacant position, in the classification identified pursuant to Section D above. The junior employee being bumped will be separated or reduced in classification. If the employee does not have seniority in the classification to which they are first considered for reduction, reduction shall then be made to the next lower classification in which the employee has previously achieved

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permanent status. This procedure shall continue until all reductions in classifications and the ultimate separations are completed.

An employee may bump to a lower classification within a series in which they have achieved permanent status. Example:

Employee “A” is hired as a Customer Service Representative II and achieves permanent status; however never worked as a Customer Service Representative I.

Employee “A” may bump employee “B” in the lower classification of Customer Service Representative I if employee “A” has more seniority.

G. If bumping results in an assignment which the employee considers to be undesirable, such employee may request:

1. A voluntary demotion to any vacant position in the City; or a lateral transfer to a position in which they have previously held regular status and have seniority over the incumbent.

H. If a classification title is changed due to a reclassification, the employee shall retain bumping rights to the previous classification and series.

Any of these options require the approval of the City Manager.

4. EXCEPTION TO ORDER OF LAYOFF
Whenever a Department Director believes that the best interest of the service requires the retention of an employee with special qualifications, characteristics, and fitness for the work, the Department Director may request that such employee be exempted from the bumping procedures. Such requests must be in writing and approved by the City Manager. If approved the affected employee’s labor representative shall be immediately provided with a copy of the request. Generally, requests for exception to order of layoff will be limited to those employees who possess specific licenses and certificates, or other special qualifications which was identified during the recruitment for that particular position.

5. EMPLOYEE’S RIGHTS WHILE ON LAYOFF
During the twelve (12) months following a layoff, laid-off employees shall be assured the right to reinstate into their former position.

6. RETRAINING
The City will make reasonable efforts to provide retraining opportunities for laid-off employees that will qualify them in classifications not related to their former classification, and will attempt to place said laid-off employees in vacant positions in the City for which they are qualified.

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During the twelve (12) months following a layoff, laid-off employees shall be eligible to compete for in-house promotional examinations for positions for which they qualify.

SECTION 5: REASONABLE SUSPICION DRUG/ALCOHOL TESTING POLICY

1. POLICY ON DRUG AND ALCOHOL-FREE WORKPLACE
It is the policy of the City of Colton to foster and provide a drug and alcohol-free workplace for all employees while protecting the employees’ rights and privacy. A drug and alcohol-free workplace protects the safety of the public as well as the City’s valuable employee resources.

In furtherance of a drug and alcohol-free workplace, the City and Union have agreed to implementation of this Reasonable Suspicion Drug and Alcohol Testing Policy (Policy).

A. COMMITMENT
The City believes that education and training of all employees in the effects and treatment of substance abuse will contribute to a safer and more efficient workplace for everyone.

The City is committed to eliminating the effects of substance abuse in the workplace. All employees are prohibited from using, possessing, buying, providing or selling unlawful drugs, controlled substances or alcohol in the workplace, and are prohibited from reporting to work or being subject to work (specifically, on call, breaks, and meal periods) with prohibited drugs, controlled substances or alcohol in their systems, from being under the influence of or impaired for the performance of duty because of drugs, controlled substances or alcohol.

The substance abuse policy will be strictly enforced. Violation of its requirements will be cause for discipline, up to and including termination of employment.

The City is committed to helping employees with admitted substance abuse problems overcome those problems, and encourages use of the voluntary rehabilitation option, as described later in this Policy.

B. PURPOSE
The purpose of the substance abuse policy is:
1) To implement a fair and balanced approach to eliminating substance abuse and its effects on the job;
2) To protect the public and employees; and
3) To provide a strong incentive for voluntary rehabilitation.

C. RULES
Employees shall comply to the following rules:
1) Employees shall not report for work or be subject to work while under the influence of, impaired for the performance of duty or while they have alcohol or any drug, medication or other substance in their system, including those prescribed by a doctor

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or dentist, that will in any way adversely affect their alertness, coordination, reaction, response, or safety.
2) The manufacture, use, sale, purchase, distribution, provision or possession of an illegal drug or controlled substance by any employee in the workplace or during work time is prohibited.
3) No employee shall report for duty or remain on duty when his/her alcohol concentration is 0.04% or greater. However, an employee with less than this amount of alcohol concentration may still be in violation of this policy, if the employee is under the influence of alcohol or is impaired for the performance of duty.

D. The use or possession of alcohol while at work, including meal periods and breaks, or in the workplace or during work hours is prohibited.

E. Employees who appear to be impaired or affected on the job by a drug, controlled substance or alcohol shall be relieved of duty and shall be required to submit to drug or alcohol testing.

F. No employee shall report for duty while under the influence of or while impaired for duty because of a lawfully prescribed or over-the-counter medication. If any employee is taking medication which he/she knows or reasonably should know the medication may interfere with performance of duty, such employee shall inform the immediate supervisor. An employee lawfully under the influence of prescribed or over-the-counter medication is not in violation of this policy.

G. All employees shall be subject to reasonable suspicion, return-to-duty, follow-up and postaccident drug and alcohol testing.

H. If an employee refuses an order to submit to testing or fails to cooperate fully with testing procedures, the employee will be immediately subject to appropriate disciplinary action up to and including termination. Refusal to submit to testing or failure to cooperate fully with testing when ordered shall be treated as insubordination.

Refusal to submit to or cooperate fully with a drug or alcohol test includes but is not necessarily limited to:
1) Failure to provide a proper and adequate sample without a valid medical reason; 2) Providing false information in connection with a test; 3) Attempting to falsify test results through tampering, adulteration or substitution; 4) Eating or drinking before the sample is collected when instructed not to do so; 5) Failure to complete required forms.

I. Employees are encouraged to volunteer to use the services of the City’s Employee Assistance Program (EAP) for any drug or alcohol use or dependence before it affects job performance. However, voluntary self-referral after notification of a required test will not

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eliminate the requirement to take a test. Further, an employee found to be in violation of any provision of section 1, subsection C of this policy shall not necessarily be relieved of possible disciplinary action by requesting to use the EAP or to seek rehabilitation.

J. All testing will be done on an on-duty basis and the employee will be compensated under regular established procedures.

2. CATEGORIES AND METHODS OF TESTING
The City of Colton may conduct the following types of Drug/Alcohol tests pursuant to this Policy:
• Reasonable Suspicion
• Return-to-duty
• Follow-up
• Post-Accident
The City of Colton may conduct urine tests for illegal drugs or controlled substances and alcohol. Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and using techniques, equipment, and laboratory facilities which have been approved by the National Institute on Drug Abuse (NIDA). For drug testing, an initial FDA approved immunoassay drug screen will be conducted on each specimen. For those specimens that are not negative, a confirmative Gas Chromatography/Mass Spectrometry (GC/MS) test will be performed. A positive test result above the minimum threshold established in this policy will be reviewed by the Medical Review Officer (MRO) prior to reporting the result to the Human Resources Director.

All drug testing will be subject to a chain of custody as defined in Attachment A. Any violation of the chain of custody could affect the integrity of the sample and invalidate the test. If the test is invalidated, a new sample must be obtained.

Tests for alcohol concentration will be conducted utilizing a National Highway Traffic Safety Administration (NHTSA) approved evidential breath testing device (EBT) operated by a trained, certified breath alcohol technician (BAT). If the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed to confirm the results of the initial test. A confirmed alcohol concentration of 0.04 or greater will be considered a positive alcohol test and will result in disciplinary action for violation of this policy. All alcohol testing will be conducted according to the procedures in Attachment B.

All testing will be conducted in a manner that protects individual dignity, privacy and confidentiality throughout the testing process.

3. EMPLOYEES SUBJECT TO TESTING
All employees are subject to reasonable suspicion, post-accident, and follow-up drug and alcohol testing.

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4. SUBSTANCES FOR WHICH TESTING WILL OCCUR
Testing will include screening for the following substances: alcohol, marijuana (THC), cocaine, phencyclidine (PCP), opiates, and amphetamines. Testing may be conducted for any other prohibited substance with reasonable suspicion.

A test result indicative of any level of alcohol or drug(s) shall authorize the City to address said finding as described in this Policy.

Positive test results will be reported to the Human Resources Director only after the confirmation testing.

5. SUBSTANCE TESTING PROCEDURES
A. Reasonable Suspicion Testing
The City of Colton shall require a drug test for the listed drugs and substances when a supervisor has reasonable suspicion to believe that an employee has used a prohibited drug and/or is impaired or under the influence and shall require an alcohol test when the supervisor has reasonable suspicion to believe that an employee is impaired by or is under the influence of alcohol.

B. A determination that reasonable suspicion exists for drug and alcohol testing must be based on specific, contemporaneous, articulable observations of the employee, made by a supervisor qualified to detect the signs and symptoms of such use. The documentation of the employee’s behavior/conduct shall be prepared and signed by the supervisor utilizing the Reasonable Suspicion Checklist within 24 hours of the observed behavior or before the results of the test are released, whichever is earlier. Prior to requesting an employee to submit to a drug and/or alcohol test, the observations noted by the supervisor must be confirmed by a second supervisor.

Employees must submit to tests for alcohol and/or for illegal and controlled drugs when the employee is reasonably suspected of being impaired or affected by drug or alcohol use. 1) Reasonable cause for testing means suspicion based on specific personal observation of two or more supervisors. The observing supervisors must be trained in the detection of drugs and alcohol. Such supervisors shall describe and document:
a. Specific, personal and articulable observations concerning the appearance, behavior, speech, body odors or performance of the employee; or b. Violation of a safety rule, or other unsafe work incident which, after further investigation of the employee’s behavior or appearance, leads the supervisors to believe that drug or alcohol use may be a contributing factor. 2) Suspicion is not reasonable and is not a basis for testing, unless based on firsthand observation of the person reporting same. However, suspicion based on hearsay reports may be the basis for further investigation or for action to protect the safety of employees or the public, such as ordering the employee to stop work. Safety sensitive employees shall be relieved from performance of safety sensitive functions while the supervisor is

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completing his/her determination regarding whether a reasonable cause test is warranted.
3) When a supervisor suspects that an employee is impaired or affected by drug or alcohol use, the supervisor shall follow the reasonable suspicion procedure to determine whether drug and/or alcohol testing is appropriate, and, if so, to initiate the testing. The supervisor will:
a. order the employee to stop work;
b. order the employee to submit to a urine drug and/or alcohol test after approval of the Department Director or designee; and
c. inform the employee that a positive test will result in the employee being evaluated for disciplinary action.

A supervisor will then transport the employee to the collection site and will arrange for the employee’s transport home.

C. Return-to-Duty Testing
Employees who violate this Policy and are accepted into Return-to-Duty and Follow-up status must have a negative drug and/or alcohol test. Employees who return to duty are subject to follow-up testing and/or rehabilitation programs.

D. Follow-up Testing
Follow-up testing shall be as follows:
1) Following completion of return-to-duty testing, employees will be subject to periodic, accounted and unaccounted drug and alcohol testing as part of the return to work or aftercare plan.
2) Any employee who tests positive on a breath alcohol test and/or drug test and is permitted to return to work will be required to comply with return-to-work conditions, as established by the City’s Substance Abuse Professional (SAP), which shall include the requirement to submit to and pass, announced and unannounced drug and alcohol testing. The frequency and duration of follow-up drug and/or alcohol tests shall be determined by the SAP. There shall be a minimum of six (6) unannounced tests in the first twelve (12) months following the return to duty.
3) Any employee whose tests results show any amount of drugs or alcohol during the return to work and follow-up testing will be subject to discipline up to and including termination.

E. Post-Accident Testing
Employees involved in a serious traffic accident while on duty are subject to drug testing.

A serious traffic accident is defined as follows:
1) A traffic collision in which great bodily injury occurs or where there are other articulable facts which indicate that the employee was driving while under the influence of a prohibited substance.

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2) “Great bodily injury” is defined as any injury in which death or extended hospitalization are significant possibilities. The supervisor will make the determination on when/if testing will occur with the above circumstances.

6. REHABILITATION PROGRAM
A. The SAP may recommend an appropriate treatment or rehabilitation program for an employee as a condition for returning to work after having violated this Policy.

B. The employee shall be placed in a medically supervised Rehabilitation Program, which may include in-patient hospital, residential care, day treatment or out-patient care, provided by a City approved Rehabilitation Facility.

C. If the Rehabilitation Program provider certifies that the employee has successfully completed the Rehabilitation Program, during which time the employee will be subject to announced and unannounced periodic drug and/or alcohol tests, the terms and conditions of the aftercare program will be determined on an individual case-by-case basis, and the employee will be required to sign a Return-to-Work agreement acknowledging that he or she will abide by those terms and conditions.

E. The Return-to-Work Agreement will stipulate that the employee will be subject to announced and unannounced drug and alcohol tests the frequency and duration of which will be determined by the SAP.

F. If recommended by the SAP, the employee will be permitted to return to work in his/her classification during the aftercare or during any other outpatient program, providing the employee tested negative for drugs and alcohol in a Return-to-Work test.

G. The employee must successfully adhere to the terms and conditions of the rehabilitation and aftercare programs. If the employee violates the terms and conditions of the rehabilitation or aftercare program, the employee will be subject to appropriate disciplinary action up to and including termination.

7. DISCIPLINARY ACTION
The City may take appropriate disciplinary action, subject to all prescribed appeal rights, against any employee who violates any rules listed in this Policy.

8. MANAGEMENT/SUPERVISORY RESPONSIBILITIES
Managers and supervisors shall be responsible to:

A. Be fully conversant with the policies and procedures set forth herein; B. Ensure that his or her employees are properly trained in the policies and procedures, and in the dangers of substance abuse;
C. Be knowledgeable about the City’s Employee Assistance Plan for substance abuse;

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D. Be aware of substance abuse indicators, and encourage employees who are suspected of substance abuse to refer themselves voluntarily to the SAP; E. Conduct investigations promptly and properly when he or she suspects that an employee may be impaired or affected by drug or alcohol use;
F. Initiate investigations promptly and properly when he or she suspects the presence or use of drugs, controlled substances or alcohol in the workplace or during work time, including meal periods or breaks. Steps to initiate an investigation may include arranging for the confiscation of any unauthorized drugs, alcohol, or related paraphernalia in the workplace or on City property or premises.

G. When a supervisor suspects an employee is impaired or affected by drugs, controlled substances or alcohol use, follow the reasonable cause procedure to determine whether drug and/or alcohol testing is appropriate and if so, initiate testing after reporting to and securing approval of the Department Director or the Department Director’s designee.

H. The Department Director will be responsible for ensuring that all supervisors receive training in the implementation of this Policy, including drug recognition.

9. SUBSTANCE ABUSE PROFESSIONAL
A Substance Abuse Professional (SAP) means a non-City employee who is a licensed physician (medical doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Union of Alcoholism and Drug Abuse Counselors Certification Commission), with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug related disorders.

10. MEDICAL REVIEW OFFICER
A. Only a qualified Medical Review Officer (MRO) will receive laboratory results generated by pre-employment, reasonable cause, return to duty or follow-up testing.

B. When a confirmed position test is reported from the testing laboratory, it is the responsibility of the MRO to:
1) Review the individual’s medical history, including any medical records and biomedical information provided.
2) Contact the employee and afford the employee an opportunity to discuss the test results with him/her within five days of notification of the results. 3) Determine whether there is a legitimate medical explanation for the result, including legally prescribed medication.

C. The MRO shall not convey test results to the City until the MRO has made a definite decision that the test result was positive or negative.

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D. The MRO may request the laboratory to analyze the original sample again in order to verify the accuracy of the test result to the MRO. The MRO may terminate processing, if he determines that the test result was caused by the appropriate use of medication or factors other than the employee’s use of the substance found.

11. EMPLOYEE STATUS
An employee to be tested for “critical incident” or reasonable suspicion drug and/or alcohol tests shall be transported to and from the testing site by a supervisor. He/she may be accompanied by a Union representative, provided this does not cause any undue delay (one hour). An employee shall be driven home by another employee or a supervisor at the conclusion of the test, or other arrangements may be made by the supervisor. The tested employee shall not be allowed to drive home unless a breath alcohol only test way conducted and was negative.

An employee shall be considered “on duty” until the conclusion of the drug or alcohol test and return to the work site. The tested employee shall then be placed on paid administrative leave until a determination is made by the MRO and reported to the City regarding the results of drug or alcohol tests. Negative tests shall result in the employee being “made whole.”

12. RETEST
A pre-employment candidate who does not pass a pre-employment drug test may request that the original urine split sample be analyzed again by a laboratory of his/her choosing at the candidate’s expense. This option does not apply in breath alcohol testing.

An employee who does not pass a drug test, may request that the original urine sample split be reanalyzed by a different NIDA approve laboratory/facility at the employee’s expense.

13. CONFIDENTIALITY
The City shall not release information pertaining to an individual employee that is contained in City and/or department drug/alcohol records without express written authorization of the tested individual except when (1) required by law, such as a court ordered subpoena, or (2) in connection with a City disciplinary, grievance, arbitration, lawsuit or other proceeding initiated by or on behalf of the individual and arising from the results of a drug or alcohol test.

Urine samples may not be used for any purpose other than as described in this Policy.

14. TRAINING
A. The City will develop and conduct training sessions and materials for all employees concerning this Policy, the SAP, and the personal safety and work effects of drug and alcohol use through the Drug and Alcohol-Free Workplace Awareness Program.

B. Every employee will receive at least a three-hour orientation program.

C. Every supervisor will receive at least a four-hour Drug and Alcohol Awareness Training Program.

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15. RIGHT OF UNION PARTICIPATION
This Policy was developed and implemented by the City after review and approval by the Union. At any time, the Union, upon request, will have the right to inspect and observe any aspect of the drug testing program with the exception of individual test results. The Union may inspect individual test results if the release of this information is authorized by the employee involved.

16. SEVERABILITY
If any court should hold any part of this Policy invalid, such decision shall not invalidate any other part of this Policy.

17. REVISIONS TO THE POLICY
This Policy is subject to revision if mutually agreed upon by the Union and the City.

SECTION 6: RECLASSIFICATION
Positions, the duties of which have changed materially so as to necessitate reclassification, shall be allocated by the Human Resources Director to a more class, whether new or already created, in the same manner as originally classified and allocated. Reclassifications shall not be used for the purpose of avoiding restrictions surrounding demotions and promotions.

SECTION 7: CLASSIFICATION STUDIES
The City agrees to conduct classification studies at any time provided that such requests cannot be made more than once a year unless there is a promotion or transfer.

1. An employee or Department Director shall submit a completed “Request for Classification Study form” to the Human Resources Department and it will be date stamped upon receipt.

2. The Human Resources Director will review the form.

A. If the Human Resources Director determines a classification study is not warranted the employee may file an appeal with the City Manager within five (5) working days of receipt of the denial.

B. If the reasons for the request appear to be justified, the Position Classification Questionnaire will be sent to the employee.

3. The employee will complete page 1 through 8 of the Questionnaire and forward it to his/her immediate supervisor within ten (10) working days.

4. The immediate supervisor will complete Section II of the Questionnaire, complete number 12 on page 11, sign, and forward the Questionnaire to the Human Resources Director within ten (10) working days.

5. The Human Resources Director will review the completed Questionnaire and submit a recommendation to the City Manager. The City Manager may choose to have a consultant

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perform the classification study in lieu of the Human Resource Department. The employee Union will be informed of the City Manager’s choice of consultant prior to that selection becoming final. If any employee Union has concerns over the consultant selected, the Human Resources Director shall meet with representatives of that Union to discuss those concerns.

6. The consultant and/or Human Resource Director will submit a recommendation to the City Manager. The Human Resources Director will notify the employee of the City Manager’s approval or denial of the request for reclassification within 2 months after initial receipt of the request. If the reclassification is denied the employee may appeal to the City Manager for a hearing within five (5) working days.

The reclassification shall take effect the first full pay period of the fifth (5th) month after the classification is received (see Administrative Policy 4.05.330 for further details).

SECTION 8: CITY VEHICLE USE
Employees who are provided with a City vehicle to travel to and from work, shall not be compensated in any manner whatsoever for such travel time in the City vehicle, except for those non-exempt employees in the unit responding to a call back. No employee other than those that can be called back for duty will be allowed to take a City vehicle home if the distance is greater than 15 miles one way.

City vehicles are an extension of City buildings. There is no smoking allowed in City buildings, or in City-owned vehicles. The employee is also required to wear a seat belt when driving and/or riding in City-owned vehicles. Employees must obey all Traffic Laws. Any moving traffic violation is subject to disciplinary action up to and including termination.

ARTICLE VI

GENERAL PROVISIONS
SECTION 1: SAVINGS CLAUSE
Should any provision of this MOU be held invalid by a court of competent jurisdiction, then the remaining provisions shall remain in full force and effect.

SECTION 2: TERM OF AGREEMENT
The term of this agreement is July 1, 2026 and ending midnight on June 30, 2029.

SECTION 3: CONCLUSIVENESS OF MEMORANDUM OF UNDERSTANDING The parties acknowledge that during the negotiations which resulted in this MOU, each had the right and opportunity to make demands and proposals with respect to subjects within the scope of representation. The understandings arrived at after the exercise of that right are set forth in this MOU and constitute the complete and total contract between the City and the Teamsters Local 1932 with respect to wages, hours, and other terms and conditions of employment. Accordingly,

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all wages, hours, and terms and conditions of employment in this MOU and in the consolidated MOU shall remain in full force and effect for the term of this MOU, provided, however, that the parties may, upon mutual agreement, re-negotiate any part or provisions of this MOU during its term. All practices enjoyed by the employees at the present time, which are not included in, or specifically changed by or contradictory to this MOU are subject to meet and confer prior to implementing any proposed change.

Any prior or existing Memoranda of Understanding between the parties regarding matters within the scope of representation are hereby superseded and terminated in their entirety. Moreover, all “side letter” agreements between the parties that have been entered into prior to the adoption of this MOU by the City Council shall automatically expire on the date this MOU is adopted. Any increases in compensation and/or benefits that were delayed, postponed, or provided by those side letter agreements are hereby waived.

SECTION 4: COUNCIL ADOPTION
If this MOU is acceptable to City Council, then the City Council may adopt the MOU by appropriate action following the signing of a tentative agreement between the City and the Union.

FOR CITY OF COLTON: FOR TEAMSTERS LOCAL 1932 MIDMANAGERS:

Frank J. Navarro, Mayor Juan Delgado, Business Agent

DATED DATED

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MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF COLTON
AND

COLTON POLICE CIVILIAN EMPLOYEES ASSOCIATION
TERM
JULY 1, 2026 THROUGH JUNE 30, 2029

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INDEX

ARTICLE I
EMPLOYER-EMPLOYEE RELATIONS............................................................................5 SECTION 1: RECOGNITION..............................................................................................5 SECTION 2: SCOPE OF REPRESENTATION ..................................................................5 SECTION 3: ASSOCIATION MEMBERSHIP AND DEDUCTIONS..............................5 SECTION 4: UNION AND CITY PROPOSALS ................................................................5 SECTION 5: GRIEVANCE PROCEDURE.........................................................................5

1. Statement Of Purpose ................................................................................................5

2. Definitions..................................................................................................................6

3. Informal resolution steps ...........................................................................................7

4. Formal resolution steps..............................................................................................7

5. Arbitration..................................................................................................................8

6. Representation..........................................................................................................10

7. Time Limits..............................................................................................................11

8. Withdrawal...............................................................................................................11

9. Freedom From Reprisal ..........................................................................................11 SECTION 6: MANAGEMENT RIGHTS ..........................................................................11 SECTION 7: NEW EMPLOYEE ORIENTATION ...........................................................12 SECTION 8: ASSOCIATION REPRESENTATION .......................................................13

ARTICLE II
COMPENSATION ................................................................................................................14 SECTION 1: SALARY.......................................................................................................14 SECTION 2: .OVERTIME...................................................................................................14

1. Rest Period...................................................................................................................14

2. Overtime Pay ...............................................................................................................14

3. Shift Differential Pay ..................................................................................................15

4. Compensatory Time Off ..............................................................................................15

5. Cash Out ......................................................................................................................15

6. Overtime Authorization ...............................................................................................15

7. Training And Travel Time ...........................................................................................16

8. City Vehicle Use ..........................................................................................................16

9. Call Back Pay...............................................................................................................16

10. Standby Pay .................................................................................................................16 SECTION 3: ACTING PAY...............................................................................................17 SECTION 4: LONGEVITY PAY.......................................................................................17 SECTION 5: EDUCATION INCENTIVE PAY ................................................................18 SECTION 6: SPECIAL ASSIGNMENT COMPENSATION............................................19 SECTION 7: BILINGUAL PAY ........................................................................................19 SECTION 8: PROMOTIONS.............................................................................................20 SECTION 9: WORK PERFORMANCE EVALUATIONS .............................................. 20 SECTION 10: UTILITY CREDIT ....................................................................................... 20 SECTION 11: RETROACTIVE PAY CALCULATIONS .................................................. 20

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ARTICLE III
FRINGE BENEFITS:.............................................................................................................21 SECTION 1: HEALTH INSURANCE .................................................................................21 SECTION 2: RETIREMENT ...............................................................................................21 SECTION 3: PERS 4TH LEVEL SURVIVOR BENEFIT ...................................................22 SECTION 4: RETIREES' HEALTH INSURANCE PARTICIPATION .............................22 SECTION 5: TERM LIFE INSURANCE.............................................................................23 SECTION 6: SHORT-LONG TERM DISABILITY............................................................23 SECTION 7: TUITION REIMBURSEMENT......................................................................24 SECTION 8: UNIFORMS ....................................................................................................24 SECTION 9: SOCIAL SECURITY .....................................................................................25 SECTION 10: MEDICARE....................................................................................................25

ARTICLE IV
LEAVES...................................................................................................................................25 SECTION 1: VACATION.....................................................................................................25

1. Accrual..........................................................................................................................25

2. Use ................................................................................................................................26

3. Vacation Sell Back........................................................................................................26

4. Accumulated Hours at Termination..............................................................................27 SECTION 2: HOLIDAYS.....................................................................................................27 SECTION 3: SICK LEAVE..................................................................................................27

1. Sick Usage.............................................................................................................................. 27

2. Accrual..........................................................................................................................28

3. Sick Leave Sell Back ....................................................................................................28

4. Sick Leave Reports.......................................................................................................29

5. Family Attendance ........................................................................................................29

6. Rights of Victims of Domestic Violence ........................................................................... 29

7. Accumulated Hours at Termination..............................................................................29 SECTION 4: BEREAVEMENT LEAVE.............................................................................30 SECTION 5: MEDICAL LEAVE OF ABSENCE ...............................................................30 SECTION 6: INDUSTRIAL INJURY LEAVE/INSURANCE PREMIUMS......................31

ARTICLE V
WORKING CONDITIONS...................................................................................................31 SECTION 1: WORK HOURS ..............................................................................................31 SECTION 2: SHIFT CHANGE ............................................................................................31 SECTION 3: EMERGENCY MEAL PERIODS ..................................................................31 SECTION 4: NEPOTISM POLICY......................................................................................32 SECTION 5: LAYOFF POLICY..........................................................................................32

1. General Provisions........................................................................................................32

2. Notification ...................................................................................................................32

3. Order of Layoff.............................................................................................................32

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4. Exception To Order of Layoff ......................................................................................34

5. Employee's Rights While on Layoff.............................................................................34

6. Retraining......................................................................................................................34 SECTION 7: BENEFITS REVIEW COMMITTEE.............................................................34

ARTICLE VI
GENERAL PROVISIONS.....................................................................................................35 SECTION 1: SAVINGS CLAUSE ......................................................................................35 SECTION 2: CONCLUSIVENESS OF MEMORANDUM OF UNDERSTANDING ......35 SECTION 3: TERM OF AGREEMENT .............................................................................36 SECTION 4: COUNCIL ADOPTION.................................................................................36

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ARTICLE I

EMPLOYER-EMPLOYEE RELATIONS
SECTION 1: RECOGNITION
The City hereby recognizes the Colton Police Civilian Employees Association (CPCEA, known as “Association”) as the representatives of employees in this group, which encompasses all full-time positions with the City of Colton (known as “City”) fin the following classifications:

Animal Services Officer
Code Compliance Officer
Community Service Officer
Crime Analyst
Lead Code Compliance Officer
Police Services Clerk I
Police Services Clerk II
Senior Police Service Clerk
SECTION 2: SCOPE OF REPRESENTATION
Scope of representation shall include all matters pertaining to wages, hours and other terms and conditions of employment.

SECTION 3: ASSOCIATION MEMBERSHIP AND DEDUCTIONS
Upon being notified by CPCEA the City shall, on behalf of the Association, deduct voluntary monthly dues from the Members' salary. The Association agrees to indemnify the City and to hold the City harmless against any and all claims, demands, suits or other forms of liability that may arise out of, or by reason of, any action taken by the City for the purposes of complying with the provisions of this article.

SECTION 4: UNION AND CITY PROPOSALS
The Association and City proposals will be 90 days prior to the expiration of the MOU.

SECTION 5: GRIEVANCE PROCEDURE
A. STATEMENT OF PURPOSE
The purpose and objectives of the grievance procedure are to:

1. Ensure fair and equitable treatment of all employees and to promote harmonious relations among employees and their supervisors.

2. Afford employees a simple means of obtaining consideration of their grievance by informal means at the supervisory level and review of the supervisor's decisions.

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3. Resolve grievances as quickly as possible and to correct, if possible, the causes of grievances, thereby reducing the number of grievances and future similar complaints.

It is the spirit and intent of this procedure that all grievances be settled quietly and fairly without any subsequent discrimination against employees who may seek to adjust a grievance. Every effort shall be made to find an acceptable solution at the lowest level of supervision.

B. DEFINITIONS
For purposes of this procedure, the following definitions shall apply:

1. Day: A workday, except where otherwise stated. A workday is a day on which City Hall is open for business for its full normal working hours.

2. Grievant: A current full-time member or former member of the bargaining unit employed by the City. An Association may file a grievance on behalf of itself or its members.

3. Grievance: An alleged violation or non-compliance with the provisions of this MOU, any supplemental MOU, the City of Colton's personnel rules and regulations, departmental rules and regulations, and other policies and practices.

Only the following major disciplinary actions taken against permanent employees are appealable under this grievance procedure:
a. Suspensions in excess of 3 days;
b. Disciplinary salary reductions;
c. Demotions; and,
d. Discharges.

Any appeal of the above disciplinary actions shall be initiated Grievance Step Four.

4. Representative: A person who, at the request of the employee or supervisor, is invited to participate in the grievance or conferences.

5. Immediate Supervisor: The person having evaluation responsibility for the grievant.

6. Association: The legal entity elected to be the exclusive representative of the employee group.

7. Class Grievance: A grievance involving more than one employee. a. Each employee must submit their grievance in writing. Individual grievances may be treated as a single grievance or as a class at the discretion of the City. b. Resolution of a class grievance may not be consistent among all grievants in the class grievance due to differences in circumstances or occurrences which brought about the grievance.
c. Any grievant not satisfied with the decision at any procedural step shall retain their individual right to appeal to the next step in the grievance procedure.

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8. Answer: The response to the grievance at Steps One, Two, and/or Three as outlined in this procedure. All answers shall be written. If an answer does not resolve the grievance to the grievant's satisfaction, the answer will inform the grievant of the next step in the grievance procedure, and the deadline by which the grievant must request the next Step.

C. INFORMAL RESOLUTION STEPS

1. STEP ONE: Immediate Supervisor
Within ten (10) business days after a grievant knew, or by reasonable diligence should have known, of the act or omission upon which a grievance may be based, the grievant shall request an informal resolution meeting with their immediate supervisor. Every effort shall be made to resolve a grievance through discussion between the grievant and the grievant's immediate supervisor. This step will be deemed waived if the immediate supervisor, or the immediate supervisor's action, is the subject of the grievance.

The supervisor shall prepare a written answer to the grievance within ten (10) business days after the informal resolution meeting.

D. FORMAL RESOLUTION STEPS

1. STEP TWO: Appeal to Division Head or Designee
If the grievance is not resolved at Step One, the employee may request a meeting to discuss the grievance with the division head, if one exists, or designee. The meeting must be requested in writing within ten (10) business days after the Step One decision has been rendered.

The meeting will be scheduled within ten (10) business days of receipt of the grievant's written request for the meeting. The division head or designee shall prepare a written answer within ten (10) business days after meeting with the grievant.

If no division head exists, the grievant may proceed directly to Step Three.

2. STEP THREE: Appeal to the Police Chief or designee
If the grievance is not resolved at Step Two, the employee may request a meeting to discuss the grievance with the Police Chief, or designee. The meeting must be requested in writing within ten (10) business days after the Step Two decision has been rendered.

The meeting will be scheduled within ten (10) business days of the employee submitting the request for the meeting. The Police Chief or designee shall render an answer within ten (10) business days of meeting with the grievant.

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3. STEP FOUR: Appeal to the City Manager
If the grievant is not satisfied at Step Three, the employee may request an appeal meeting to discuss the grievance with the City Manager. The meeting must be requested in writing within ten (10) business days after the Step Three decision has been rendered.

The City Manager shall schedule a meeting with the grievant within ten (10) business days of receiving the appeal. The City Manager shall meet with the grievant and review the grievance and shall answer within ten (10) business days of discussing the grievance.

4. STEP FIVE: Appeal to Arbitrator
If the grievance is not resolved at Step Four, the grievant may submit a written request to the City Manager for the grievance to be heard by an arbitrator, as outlined in more detail in Section E of this procedure. This written request must be submitted within ten (10) business days after the Step Four decision has been rendered.

In the case where a grievance is an appeal of major disciplinary action, the written request must be submitted within ten (10) business days after the employee has been notified of the final decision to impose disciplinary action.

E. ARBITRATION

1. Written Request for Arbitration
To request a Step Five appeal to an arbitrator, a grievant must timely submit a written request to the City Manager. The request shall be considered timely only if the City Manager receives it no later than ten (10) business days after the Step Four decision has been rendered. Such request may be in the form of a memorandum or letter to the City Manager from the employee or an authorized union representative, and must clearly state the provisions of the MOU and/or rules, regulations, past practices or procedures, which have allegedly been violated.

2. Private Hearing
Grievance arbitration hearings shall be private.

3. Selection of Arbitrator
Unless the parties agree to another method of selecting an arbitrator, following method shall apply:

The State Mediation and Conciliation Service shall be asked to submit a list of seven (7) persons qualified to act as arbitrators. Within five (5) business days following receipt of the list of arbitrators, the parties shall select an arbitrator. The parties shall alternately strike one name from the list until no name remains. The right to strike the first name is determined by coin toss.

4. Costs of Arbitration
To the extent permitted by applicable law, each party shall bear equally the cost of

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the fees and expenses of the arbitrator and court reporter, if any. Each party shall bear its own witness and attorney fees.

5. Demand for Exchange of Evidence
Upon written request by either of the opposing parties in a pending hearing given at least twenty (20) calendar days prior to the scheduled hearing date, each party shall supply to the other party copies of all documentary evidence to be used by that party at the hearing. Such evidence shall be provided no later than five (5) calendar days prior to the scheduled hearing date. Any evidence not so provided may not be admitted or offered as evidence at the subsequent hearing except that any such documentary evidence discovered by a party after such a request for copies but not soon enough to comply with the above time limits may be admitted providing it could not have been discovered sooner by reasonable means and provided further that a copy or copies of such evidence be afforded the requesting party as soon as practicable after such discovery. Nothing contained herein shall operate to prevent either party from presenting additional documents by way of rebuttal.

6. Presentation of Evidence
At the arbitration hearing, both the grievant and the City shall have the right to be heard and to present evidence. The following rules shall apply:
a. Oral evidence shall be taken only on oath or affirmation. b. Each party shall have these rights: to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called the witness to testify, and to rebut the evidence against the witness. If the employee does not testify on their own behalf, the employee may be called and examined as if under cross-examination. c. The arbitration hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to relying on the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might have made improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding, unless the arbitrator finds that it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they know or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.

7. Time for Arbitrator to Render Decision
The arbitrator shall render a decision, in writing, within thirty (30) calendar days of the close of the hearing or of the arbitrator's receipt of closing briefs, whichever is later.

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8. Finding of Fact and Remedies for Disciplinary Appeal An arbitrator may sustain, modify, or rescind an appealed disciplinary action as follows and subject to the following restrictions:
a. For any type of disciplinary arbitration: If the arbitrator finds that a disciplinary action was taken for reasonable cause, the arbitrator shall sustain the action. b. For appeals of suspensions and reductions in class or salary: If the disciplinary action is modified or rescinded by the arbitrator, the grievant shall be entitled to restoration of pay and/or fringe benefits in a manner consistent with the arbitrator's decision.
c. For discharges:
i. If the arbitrator finds that the order of discharge should be modified to another form of discipline, the grievant shall be restored to a position in their former class subject to forfeiture of pay and fringe benefits for all or a portion of the period of time the grievant was removed from duty, as determined by the arbitrator.
ii. If the arbitrator finds that the order of discharge should be rescinded and no discipline imposed, the grievant shall be reinstated in a position of their former class and shall receive pay and fringe benefits for all of the period of time the employee was removed from duty.
d. Restrictions on remedies:
i. The City shall not be liable for restoring pay and fringe benefits for any period(s) of time the grievant was reduced or removed from duty which results from the appealing party's request for written briefs and/or a transcript of the arbitration proceedings or from any unreasonable delay in the issuance of the arbitrator's award.
ii. Restoration of pay and benefits shall be subject to deduction of all unemployment insurance payments received. Outside earnings received since the date of discharge which grievant would not likely have earned but for the discharge shall also be deducted.

9. Arbitration Final and Binding
The decision by the arbitrator shall be final and binding and not subject to any administrative or judicial appeal or review of any kind except pursuant to California Code of Civil Procedure Section 1286.2.

F. REPRESENTATION

1. An employee may request representation of their choice and at their expense at any stage of the grievance procedure.

2. The grievant and designated representative, if any, shall receive release time for the purpose of representing the grievant at any step. For purposes of this section, representation includes reasonable preparation and consultation.

3. Only the grievant and one other person from the bargaining unit may be on paid

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status while engaging in tasks related to the representation. Representation shall not unduly interfere with the normal course of City business.

G. TIME LIMITS

1. Failure by a grievant to meet any deadline set in this procedure shall terminate the grievance. The grievant shall not have a right to refile on the same set of facts, unless good cause is shown for the delay or the City notifies the grievant in writing that it will waive the deadline.

2. Failure by the City to meet a deadline set forth in this procedure shall give the grievant the right to proceed to the next Step.

3. Time limits in this procedure may be extended by mutual written agreement between the parties.

4. The grievant and designated representative, if any, will be given at least ten (10) business days written notice of any meeting scheduled pursuant to any Formal Resolution Step. This provision may be waived by mutual written agreement between the parties.

H. WITHDRAWAL
Any grievance may be withdrawn by the grievant at any time. Withdrawal of a grievance will be with prejudice and shall remove the right of the grievant to refile on the same set of facts.

I. FREEDOM FROM REPRISAL
No grievant shall be subject to coercion, discrimination, reprisal, or disciplinary action for discussing a complaint or grievance with their immediate supervisor, or for the good faith filing of a grievance.

SECTION 6: MANAGEMENT RIGHTS
It is understood and agreed that the City retains all of its powers and authority to direct, manage, and control to the full extent of the law. Included in, but not limited, to those duties and powers are the rights to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the level, means, and kinds of services to be provided; establish its policies, goals, and objectives; determine staffing patterns; determine the number and kinds of personnel required; contract out work, transfer work out of the association, maintain the efficiency of City operations, build, move, or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue and take action on any matter in the event of an emergency. Emergency is a sudden, generally unexpected, occurrence or occasion requiring immediate action which affects City facilities or equipment or otherwise involves an Act of God or specific governmental order requiring the City to take certain action or refrain from

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taking certain action. In addition, the City retains the right to hire, classify, assign, evaluate, promote, discipline, and terminate employees.

It is expressly agreed by both parties that the City's determination to exercise those rights described herein, shall not be subject to the meet and confer process. However, the impact of exercising said rights is subject to the meet and confer process.

It shall be the policy of the City that no employee shall be interfered with, intimidated, restrained, coerced, or discriminated against in matters of employment, appointments, promotions, or other actions requiring the application of the merit principle. The City's actions in exercising the rights described herein shall be based on merit and fitness, free of favoritism and personal and political considerations.

SECTION 7: NEW EMPLOYEE ORIENTATION
New employee orientation means an "in person" meeting designated as such and scheduled with representatives of the City of Colton to advise and inform new employees of their employment benefits, responsibilities, City Rules, and other similar related matters. Currently, the City performs new employee orientations on the first day of work, typically at the beginning of a pay period, Monday at 8am. However, there may be instances where orientations are held on a different date and/or time following their actual start date due to business needs. Typically, the orientation process lasts one (1) to two (2) hours.

Notice Requirements:

The City of Colton will make every effort to provide written notice, by email, letter, or text, to the Association of all new employee orientations, which they represent, at least fifteen (15) calendar days, no less than ten (10), prior to the scheduled orientation. The new employee orientation notice provided to the Association shall include the date, time, and location of the orientation. This will allow for proper scheduling to ensure that representative(s) from the Association are available to meet with the employee prior to or following the orientation session. If the Association or its representative is not available on the day or time the City has scheduled its orientation, the City will allow the Association to meet with the new employee within a week of hire.

Colton Police Civilian Employee Association will be provided the opportunity to have up to two (2) representatives to meet with the new employee for up to 45 minutes of uninterrupted private time prior to or following the new employee orientation. The Association may provide written materials, including a packet of information, to the new employee(s). The Association agrees in its portion of the orientation not to engage in speech that could cause substantial disruption or material interference with City business and activities and to comply with all City policies and procedures.

The Association's presentation will be conducted during paid City time as part of the new employee orientation. One (1) of the two Association representatives will be the Representative and the other may be a bargaining unit member (City employee). Approval from the Department Director shall be authorized prior to a bargaining unit member attending the new employee orientation. At no time shall the bargaining unit member (acting as an Association representative) meet with the new

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employee result in any overtime or additional costs to the City. A bargaining unit member attending the orientation as an Association representative shall do so during their regular working hours so as to not incur additional costs to the City. The Association will provide the Human Resources Director, at least 48 hours in advance notice, of the name(s) of the bargaining unit member(s) who they wish to attend the orientation.

During the new employee orientation, the City shall make every effort to provide a written statement, obtained from the Association, to each new employee hired into a position/classification represented by the CPCEA bargaining unit, that the employee's position is represented by the Association. To properly identify current leaders, the Association will provide a roster of representative(s) to the City prior to such orientation.

Within 30 days of hire or by the first pay period of the month following hire, the City of Colton shall provide CPCEA with the name, job title, department, work location, work, home and personal cellular telephone numbers, personal email addresses on file with the employer, as well as home address of all newly hired employees. While AB119 requires that the City of Colton provide the Association with this information for all employees in the bargaining unit at least every 120 days, CPCEA agrees to receive this information twice a year on July 1st and January 1st, except as specified.

Employees who choose not to have their personal information (home address, home telephone number, personal cellular number, or personal email address) released to the Association can sign a Waiver of Informational Release form.

SECTION 8: ASSOCIATION REPRESENTATIVE
Employees who have been appointed as Union Representatives by the Association must be identified to the Human Resources Director.

TIME-OFF FOR MEETING AND CONFERRING. The City shall provide reasonable time off to a reasonable number, not to exceed two (2) duly authorized Association representatives for the purpose of meeting and conferring with City representatives, except when bargaining for a successor MOU, in which case up to three (3) duly authorized Associations representatives shall be provided reasonable time off
However, in no case shall more than three (3) employees from the association be simultaneously present at meet and confer sessions. The Association shall provide the City with a list of said authorized personnel at the beginning of the election year. Any release from duty for said purpose shall have prior approval of the Police Chief or supervisor. No Representative shall be compensated by payment of overtime for participation in any meet and confer session. Such designated Representatives shall be released for engaging in the meet and confer process one (1) hour before the scheduled time for commencement of the meeting and shall return to the performance of their duties not later than one (1) hour after conclusion of the meet and confer session.

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Association representatives are also permitted to be released from work if they received permission from their supervisor for the purpose of representing a member in the processing of (discussing, planning, preparing and participating in meetings with City representatives) grievances. Only one Representative is permitted to participate in one of these types of meetings.

If a Representative wants to meet with members of the Association for any other purpose, such meeting must take place during off duty hours or while the employee (and if the representative is an employee, the representative themselves) is on lunch break.

ARTICLE II

COMPENSATION
SECTION 1: SALARY
All employees in the above-represented classifications shall receive a base salary as set forth in the Pay and Classification Plan for the City of Colton.

Effective the first full pay period after City Council approval, employees in the above represented classifications shall receive a three percent (3%) across the board salary increase.

Effective the first full pay period after July 1, 2027, employees in the above represented classifications shall receive a three and one-half percent (3.5%) across the board salary increase.

Effective the first full pay period after July 1, 2028, employees in the above represented classifications shall receive a four percent (4%) across the board salary increase.

SECTION 2: OVERTIME

1. Rest Period
A. An employee who works sixteen (16) consecutive hours shall earn an eight (8) hour rest period.

B. An employee shall be compensated at their regular rate of pay for all regularly scheduled work time, which falls while that employee is off on their rest period.

2. Overtime Pay
All employees required to work in excess of 40 hours in a seven (7) day work period shall receive compensation at the rate of time and one-half their regular rate of pay.

The City will pay overtime worked by employees in the unit at the rate of 1.5 (time and onehalf) with a $1.50 differential for overtime worked between the hours of 10 p.m. and 4 a.m.

In determining an employee’s eligibility for overtime, paid leaves of absences shall be included in the total hours worked. There shall be no pyramiding of overtime. Hours worked by an

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employee on any workday or workweek on which premium rates were once allowed shall not be used again in any other overtime calculation other than computing total actual hours worked.

Overtime shall be recorded and paid in minimum increments of 15 minutes.

3. Shift Differential Pay
The City will pay $1.50 differential pay for all hours worked between the hours of 10:00 p.m. and 4:00 a.m.

4. Compensatory Time Off
In lieu of receiving overtime pay pursuant to Section 4.2 above, full-time employees may elect to accrue up to 100 hours during the fiscal year on a premium rate basis. Employees may bank up to 100 hours of accrued compensatory time off. All hours in excess of the maximum number accruable shall be paid at a time and one-half the regular rate of pay.

An employee may use such compensatory time within a reasonable period after making the request, and approval of the supervisor, if the use of compensatory time does not unduly disrupt the operations of the department.

5. Cash out
Employees may cash out up to 40 hours once per calendar year subject to the following provisions:

Employees may make a written election to cash out some or all of the leave pay that the employee will accrue in the following year, subject to the provisions/limitations for cashouts/buy backs in this MOU. Such election to cashout leave pay must be made by the employee on or before December 31st of the year prior to the employee’s payout date for the leave pay being cashed out/bought back. Such election will be irrevocable once made.

The payout date for the cashed-out/buy back leave pay will be in the first full pay period after December 1 of each year, and must be a date by which the employee will have accrued in such payroll year leave pay which equals or exceeds the amount of leave pay which the employee has elected to cash out.

6. Overtime Authorization
All overtime requests must have the authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Calls for service beyond the end of duty time are considered as authorized.

An employee's failure to obtain prior approval may result in the denial of the overtime request and disciplinary action.

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7. Training And Travel Time
Training time outside normally scheduled work hours shall be compensated pursuant to the Code of Federal Regulations 29 CFR.

Travel time outside normally scheduled work hours shall be compensated pursuant to the Code of Federal Regulations. When feasible, the department will adjust the employee's work schedule to minimize the impact of travel and training time.

8. City Vehicle Use
Employees who are provided with a City vehicle to travel to and from their regular work site shall not be compensated in any manner, whatsoever for such travel time in the City vehicle.

No employee other than those on authorized standby duty will be allowed to take a City vehicle home if the distance is greater than 15 miles one way.

This provision also applies in those situations where the radio must be left on and monitored.

City vehicles are an extension of City buildings. There is no smoking allowed in City buildings, or in City-owned vehicles. The employee is also required to wear a seat belt when driving and/or riding in City-owned vehicles, and follow all laws of the road.

9. Call Back Pay
Call back duty occurs when a full-time employee is ordered to return to duty on a non-regularly scheduled work shift. Call back does not occur when an employee is held over from prior shift or is working prior to regularly scheduled shift on a preplanned basis. An employee called back to duty shall be credited with two (2) hours in addition to actual time worked. Actual time shall be calculated from the time employee arrives at work site until completion of work. An employee will also be credited with a total of one (1) hour at time and one-half (1.5) to cover travel to and from the work site.

An employee on call back shall not be eligible for an additional call back bonus of two (2) hours if dispatched to another call prior to returning to their residence.

10. Standby Pay
A full-time employee on standby will be provided with a city cell phone to be reached while on standby. An employee shall respond within 30 minutes, and report to the incident at the City within one (1) hour.

Standby pay shall be earned by each full-time employee working regularly scheduled ten (10) hour days from Thursday at the end of the working day, for a period not to exceed seven days unless extended by a holiday. The City shall pay an employee on standby ten (10) hours straight time of compensatory time off. When a City recognized holiday falls during the standby week, the employee shall earn an additional ten (10) hours straight time of compensatory time off.

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Such compensatory time off shall be used according to Section 3 above.

SECTION 3: ACTING PAY
Any employee assigned to work in a higher classification for a period of 39 consecutive work hours or more, shall receive compensation from the first hour at equal step of the pay range of the acting position or five percent (5%), whichever is higher. Regularly scheduled holidays shall be counted as "work hours" for the purpose of qualifying for acting pay only. All other leaves' hours shall not count as "work hours" for the purpose of qualifying for acting pay. Administrative Policy

4.05.170 shall be followed with only the proscribed pay increase and no increase in benefits provided to an employee in acting pay status. Duration of assignment shall not exceed six (6) months. This may be extended for an additional six (6) month period upon mutual agreement between the employee and City, and only due to extenuating circumstances. Employees in a probationary status shall not be eligible to be assigned to acting assignments.

The City agrees that represented employees working out of class shall be properly trained prior to out of class assignment.

Acting appointments shall be made based on the needs of the City. Appointees shall meet the minimum qualifications for the position whenever possible. If they do not, it will be clearly noted on their Personnel Action Form (PAF) that their acting appointment does not automatically qualify them for any future recruitment to fill such position on a regular basis. Eligible employees' experience and job knowledge shall be given major consideration before an appointment is made.

Employees in a probationary status shall not be eligible to be assigned to acting assignments.

Duration of an assignment not to exceed one calendar year except with a written agreement between the employee and Department Head may extend additional six (6) months.

Acting appointments shall be made based on the needs of the City. Appointees shall meet the minimum qualifications for the position whenever possible. Eligible employees' experience and job knowledge shall be given major consideration before an appointment is made. Employees working out-of-class in a position outside of the CPCEA, may only be made by the Department Head or designee and; when the higher-level position is vacant, or due to vacations.

This provision shall not apply in cases of emergency.

SECTION 4: LONGEVITY PAY
Effective the first full month after City Council approval, eligible employees shall receive a monthly longevity stipend as follows (Non-Stackable). Payment of the longevity stipend shall be issued on a bi-weekly schedule (26 payments per year) totaling the following amounts:
• Upon completion of ten (10) years of City Service - $100 per month. • Upon completion of fifteen (15) years of City Service -$200 per month. • Upon completion of twenty (20) years of City Service - $300 per month. • Upon completion of twenty-five (25) years of City Service - $400 per month.

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Eligible employees shall only receive one monthly longevity stipend. Longevity stipends shall not be cumulative.

For purposes of determining eligibility for the longevity stipend, the following shall qualify as “years of service”:

1. Total years of service with the City of Colton.

2. Total years of employment with another public agency while working in a similar public safety job classification.

SECTION 5: EDUCATION INCENTIVE PAY
The City agrees to pay an additional five percent (5%) of base pay for any certificate or Associate of Arts degree, Bachelor’s degree, or Master’s degree from an accredited college or university above or beyond that which is required as part of the minimum requirements for the job when it enhances an employee’s ability to perform the normal job functions of their position. The incentive pay must be tied to the job description and is subject to confirmation by the City that the education enhances an employee’s ability to perform the normal job functions of their position.

For example: the Accountant position in the City requires a higher education degree, preferably a bachelor's degree. If an Accountant obtains a certificate in accounting (usually 12 units) this would not qualify for the incentive pay as the education component is already inherent within the job requirements. However, if an Accounting Technician I were to receive a generally accepted accounting certificate from a college or university, the incentive pay may be considered as appropriate since an education preference is not inherent within the job requirements and would enhance an employee’s ability to perform their normal job functions.

In lieu of the above Educational Incentive Pay, the City agrees to pay an additional five percent (5%) of base pay for any license (generally accepted within the respective field) above or beyond that which is required as part of the minimum requirements for the job. The incentive pay must be tied to the job description and is subject to recommendation by the Department Director with approval by the Human Resources Director or designee and the City Manager.

To the extent that compensation for a degree or certificate qualifies as “educational incentive” special compensation under Title 2 California Code of Regulations sections 571 and 571.1 of the Public Employees’ Retirement Law, it shall be reported to CalPERS as additional compensation for use in retirement calculations. However, any compensation paid to an employee that is related to any license pay as described in the paragraph above shall not be reported as additional compensation to CalPERS, since it does not meet the definition of “educational incentive.” Incentive Pay is non-cumulative and the maximum compensation an employee is eligible to receive is five percent (5%).

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SECTION 6: SPECIAL ASSIGNMENT COMPENSATION
Employees who have been given the temporary assignment involving the performance of more difficult duties and requiring a greater level of skill(s) or duties outside of their classification may be granted additional compensation.

The duration of such assignments is not intended to exceed one (1) year. This provision shall not be used to circumvent the merit system of promotion or the provisions for reclassification. The specific, temporary assignment duties must be identified in writing prior to the start of the assignment.

Special Assignment Compensation shall be awarded in pay period increments and in the form of a specified percentage of the employee's base pay. The Human Resources Director will determine the amount in increments of one percent (1%) from a minimum of two percent (2%) up to a maximum of five percent (5%).

The additional compensation will be computed at the specified percentage of the current base pay of the employee for each pay period. Such increases in pay shall not affect an employee's step advancement in the base range.

Requests for Special Assignment Compensation may be initiated by the City or by an employee via their supervisor.

The City bears the responsibility for initiating the compensation request in a timely manner and adhering to the compensation provisions defined in this Section. The employee's supervisor shall review and approve the request in advance of the date the employee begins the assignment. A special assignment will only begin with the Department Director approval and Human Resources Director’s signed approval, written description of the assignment, agreement of the amount of additional compensation, anticipated duration of assignment and signed acceptance by the employee.

SECTION 7: BILINGUAL PAY
The City agrees to pay $200 per month ($100 to be paid on the first two pay periods of the month) to employees who successfully complete a bilingual examination. Employees eligible shall be recommended and approved by the Police Chief and the Human Resources Director.

When the skill is no longer needed or the employee is not required to use it or ceases to possess it, the Police Chief shall terminate the bilingual compensation by written notice to the Human Resources Director. The bilingual pay is tied to the person rather than the classification and will not terminate if the employee moves to a new classification.

For additional requirements, see City Administrative Policy #4.05.440.

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SECTION 8: PROMOTIONS
Association employees promoted pursuant to a promotional examination, as defined by Rule VI, Section 2 of the City’s Personnel System Rules and Regulations, to a higher class within the CPCEA shall be placed at a step in the new position’s pay range that is at least ten percent (10%) higher than their salary or wage in the prior position, not to exceed top step of the new position.

SECTION 9: WORK PERFORMANCE EVALUATIONS
Employees shall be evaluated on an annual basis and receive merit increases, if eligible, and upon satisfactory performance or meets standard evaluation. If an employee’s performance evaluation is not completed within sixty (60) calendar days of the employee’s annual date, the employee shall receive their merit increase automatically on the next pay period following the sixty (60) days so long as the employee has completed their performance evaluation self-assessment. The 60-day period begins either on the employee’s evaluation anniversary date or the date of completion of their employee EVAL self-assessment, whichever is later.

SECTION 10: UTILITY CREDIT
All CPCEA Unit employees who reside within the City of Colton limits shall receive $100 per month per employee household as a credit against the cost of electric and water service during the time the employee(s) reside in the City. To qualify for the credit the employee must present proof of residency, and the utility bills must be under their name. The employee(s) must recertify every year.

The method of receiving the credit will be through payroll deduction as taxable earnings.

SECTION 11: RETROACTIVE PAY CALCULATIONS
Retroactive pay calculations are paid on the base rate of pay as of the effective date of the increase.

However, the City and Association have agreed to a one-time bonus payment in lieu of retroactive payments for all Association members. It is agreed and understood that the one-time bonus payment shall be taxed but shall not be reported to CalPERS for retirement calculations or any other purposes. It is also agreed and understood that the one-time bonus payment is intended to avoid the tedious task of calculating each individual member’s retroactive pay effective July 1, 2026. It is further agreed and understood that no employee in this bargaining unit will receive a separate retroactive payment concerning any of the salary and/or incentive pay increases in this MOU effective July 1, 2026, including but not limited to, retroactive payments for any overtime worked between July 1, 2026 and the implementation date of this MOU is expected to be the first full pay period after City Council approval on October 6, 2026. The following one-time bonus amount has been agreed to with the understanding that this MOU will be reviewed and approved by City Council on October 6, 2026 and the MOU terms will be implemented the first full pay period after City Council approval: all Association members in this bargaining shall receive a onetime bonus of two thousand three hundred dollars ($2,300).

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ARTICLE III

FRINGE BENEFITS
SECTION 1: HEALTH INSURANCE
The City participates in a Section 125 Cafeteria Plan. Under the cafeteria plan, all participating bargaining unit employees will receive the following monthly allowance.

Effective the first full pay period after City Council approval, under the cafeteria plan, all participating bargaining units employees will receive a monthly allowance of $1,800 per month from which employees can choose medical, dental and/or vision insurance. In addition, supplemental insurance opportunities will be provided, in order for employees to purchase supplemental medical insurance and childcare coverage.

Effective January 1, 2027, the monthly cafeteria benefit will increase to $1,900 per month.

Effective January 1, 2028, the monthly cafeteria benefits will increase to $2,000 per month.

EMPLOYEES HIRED BEFORE MAY 1, 2018
For employees hired on or before May 1, 2018, employees who provide the City with satisfactory proof of alternate group health coverage comparable to the City's offered health insurance plans can decline, in writing, coverage on the City's medical insurance plans. The alternative health coverage must meet all requirements of the Affordable Care Act (ACA) and related regulations for an eligible Opt-Out Arrangement.

Employees hired on or before May 1, 2018, where the employee's medical insurance premium is less than the City's monthly contribution, the difference between said cafeteria dollar amounts shall be provided in the form of bi-monthly cash disbursements (payable 24 times per year). Cash disbursements to the employee are subject to being taxed, pursuant to the appropriate tax codes.

EMPLOYEES HIRED AFTER MAY 1, 2018
Employees hired on or after May 1, 2018, shall have a maximum cap of $500 for cash-in-lieu or for the difference between the medical insurance premium and the cafeteria dollar amount.

SECTION 2: RETIREMENT
The City shall provide retirement benefits through the California Public Employee Retirement System (CalPERS). Each employee shall pay the full amount of the normal member contributions.

Any Unit member that established CalPERS membership prior to the implementation of the Public Employees’ Pension Reform Act of 2013 (PEPRA) in connection with City employment or that otherwise establishes “classic member” status, as defined in Section 579.1 of the California Code of Regulations, shall be subject to one of the following pre-PEPRA retirement formulas determined on the basis of their original date of hire employees hired prior to June 1, 2012 is at

2.7% at 55, employees hired on or after June 1, 2012 is at 2.5% at 55. The normal member contribution applicable to members participating in these retirement formulas continue to be eight

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percent (8%) of employee/member portion of the required PERS retirement contributions. Any Unit member who is considered a “new member” hired on or after January 1, 2013, as defined in PEPRA shall be subject to the PEPRA retirement formula for miscellaneous members, which is 2% at 62.
“New” members shall pay the amount set by PERS as their share of the normal cost.

SECTION 3: PERS 4TH LEVEL SURVIVOR BENEFIT
The City will provide CalPERS 4th Level 1959 Survivor benefits to all employees in the Association.

SECTION 4: RETIREES' HEALTH INSURANCE PARTICIPATION
Employees hired prior to December 31, 2013, members of this unit who retire from the City may enroll in the City-provided health insurance plan of the employee's choice. Employees who retire with the City shall be eligible to have their premiums paid for by the City up to Medicare age up to the applicable maximum cafeteria benefit set forth below (and no greater than $1,225). After the retiree reaches Medicare age, the retiree can maintain health insurance with the City, but the retiree must pay the premiums. If the retiree is ineligible for Medicare benefits, the City will continue to pay the premiums, as long as the employee remains insurable. For all other employees their spouse's all premiums required by their participation in such health insurance plan shall be paid by the employee. Participation in any health insurance plan is contingent upon the health insurance carrier approving the enrollment of a retired employee or spouse.

Employees will have the option to choose the City's provided health insurance plan using the graduated scale below:

Years of
Service
Percentage of Cafeteria
Dollars
Years of
Service
Percentage of Cafeteria
Dollars
5 30% 18 56%
6 32% 19 58%
7 34% 20 60%
8 36% 21 62%
9 38% 22 64%
10 40% 23 66%
11 42% 24 68%
12 44% 25 70%
13 46% 26 72%
14 48% 27 74%
15 50% 28 76%
16 52% 29 78%
17 54% 30 80%

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The retiree may use the allotted dollar amount to purchase medical insurance for themselves and dependents. The percentage is based on the monthly Cafeteria Plan allowance for active City employees. The dollar amount may fluctuate in future years based on the Cafeteria Plan allowance determined by City Council. However, the dollar amount will never go below the amount the employee will receive when retires. The dollar amount will be no greater than $1,225 per month.

The City will provide the retiree’s health insurance benefit through City provided medical insurance as described above, to retirees who move outside of California and enroll in a City provided health insurance plan. The city will reimburse the retiree monthly allowance as stated above.

If the premium cost is less than the amount allocated by the formula, the retiree does not receive the difference. Additionally, there is no opt-out money paid to the retiree.

The retiree will provide CalPERS with all documentation required for any qualifying event within the time limits governed by CalPERS.

FOR ALL EMPLOYEES HIRED ON OR AFTER DECEMBER 31, 2013
Employees hired on or after December 31, 2013, upon retirement, the City's contribution for employees will be capped at $500.00 per month.

FOR ALL EMPLOYEES HIRED ON OR AFTER MAY 1, 2018
For employees who are hired on or after May 1, 2018; the City shall contribute the mandated minimum sum as required per month toward the payment of premiums for retiree medical health insurance under the PEMHCA program. As the mandated minimum is increased, the City shall make the required adjustments.

SECTION 5: TERM LIFE INSURANCE
The City shall provide a total of $50,000 term life insurance for each represented full-time employee effective the first of the month following their date of hire.

SECTION 6: SHORT AND LONG-TERM DISABILITY

SHORT-TERM DISABILITY
The City shall provide to each represented full-time employee a short-term disability program. The terms of the plan shall be more fully set forth in the plan documents. The elimination period is defined as the first continuous 30 calendar days of each period of total disability. The disability shall be provided for up to six (6) months of coverage at 66 2/3% of the first $2,425 of the employee’s weekly pre-disability earnings, reduced by any deductible income. The employee may choose to supplement the disability allowance with accumulated paid leave up to a maximum of 100% of base salary including the disability allowance.

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LONG-TERM DISABILITY
The City shall provide to each represented full-time employee a long-term disability program. The terms of the plan shall be more fully set forth in the plan documents; however, it shall provide coverage at 66 2/3% of the first $15,750 of the employee's monthly pre-disability earnings, reduced by any deductible income. The elimination period is defined as the first 180 calendar days of each period of total disability. The employee may choose to supplement the disability allowance with accumulated paid leave up to a maximum of 100% of base salary including the disability allowance.

SECTION 7: TUITION REIMBURSEMENT

ALL NON-PROBATIONARY EMPLOYEES
The City shall reimburse employees up to $2,500 per employee, per fiscal year, for 100% of costs for tuition and books incurred for job-related education. The City shall budget all necessary expenses to fund tuition reimbursements for the Unit. Such expenditure must enhance the furtherance of City of continuing educational goals. Requests for such reimbursements must be submitted after successful completion of the course(s) and must be approved by the Human Resources Director, then by the Department Director and City Manager. Employee initiated educational or area development shall not be considered as time actually worked for purposes of computing overtime and normally shall not occur during regular work hours. Administration Policy 4.05.310 shall be the procedure utilized during the term of this contract. This Article shall not be construed to eliminate employer sponsored training for the maintenance of certifications required by the City or any other jurisdiction.

SECTION 8: UNIFORMS
When the City furnishes uniforms to new employees, such uniforms shall be worn at all times during working hours. New employees shall be provided with:
• Cap,
• Footwear,
• T-Shirt,
• Belt, and
• Jacket or Sweater (employee’s option)

1. Boots:

The City will furnish safety work boots/shoes to each affected employee for whom safety work boots/shoes are required, to be determined by the Department.

The City will provide a fiscal year allowance of $200 to each association member for whom safety boots/shoes are required, to be paid out at the end of the fiscal year.

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2. Uniform Allowance
For all classifications, each represented employee shall receive $70.00 per month for the uniform allowance. Such allowance shall be paid on the last pay period in June. Such payment shall be for the prior year and shall be prorated for employees not working the full year. This item will be paid under separate check to each employee.

SECTION 9: SOCIAL SECURITY
The City no longer participates in the Federal Social Security Program as of December 31, 1979.

In the event the City and its employees are required to participate in the Federal Social Security Program, the contribution designated by law to be the responsibility of the employee shall be paid in full by the employee and the City shall not be obligated to pay or "pick up" any portion thereof.

Nothing herein shall prevent the CPCEA from requesting the City to meet and confer on the possible "pick up" of the employees' contribution. Upon such request by the Union, the City agrees to meet and confer with CPCEA.

SECTION 10: MEDICARE
Employees hired by the City on or after April 1, 1986, shall be required to pay the designated employee contribution to participate in the Medicare Program, and the City shall be under no obligation to pay or "pick up" any such contributions.

ARTICLE IV
LEAVES
SECTION 1: VACATION

1. Accrual
All full-time employees shall accrue vacation time in accordance with the following:

During Years of
Continuous
Service
Hours of Accrual
Per Month of
Service
Annual
Accrual
Maximum Accrual
Accumulation
0 mo-5 6-2/3 80 160
6-10 10 120 240
11 10-2/3 128 256
12 11-1/3 136 272
13 12 144 288
14 12-2/3 152 304
15+ 13-1/3 160 320

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Accruals shall be on a monthly basis in accordance with the above chart. Vacation leave accrual ceases when maximum accrual is reached. Vacation accrual may be accumulated to not more than the appropriate maximum accumulation except upon written request of the affected employee and approval of the City Manager. In this event, an employee may be permitted to exceed the maximum accumulation by an amount not in excess of the accrual for a four-month period.

Previous City employment periods, during which vacation was accrued, may be considered as continuous service for the purpose of computing vacation rate upon the written request of the Police Chief and approval of the City Manager.

2. Use
It is the intent that vacation time be used in time increments sufficiently long enough to permit the employee an adequate period of rest. The use of vacation time in less than weekly increments is to be discouraged. In no event may vacation be taken in increments of less than one-hour nor for a period exceeding the number of accrued whole days, except upon the recommendation of the Police Chief. The City Manager may authorize an eligible employee to incur a negative vacation balance of up to 40 hours. Vacation shall not be taken during the first six (6) months of service.

Vacations shall be taken at times determined by the Police Chief with due regard for the wishes of the employee and for the needs of the City.

No person shall be permitted to work for compensation for the City during vacation except with prior approval of the City Manager.

3. Vacation Sell Back
Effective (new date of new MOU), any employee with an accrued vacation balance in excess of one hundred twenty (120) hours, shall be allowed to sell back up to eighty (80) hours of accrued vacation, subject to the following provisions:

Employees may make a written election to cash out some or all of the leave pay that the employee will accrue in the following year, subject to the provisions/limitations for cashouts/buy backs in this MOU. Such election to cashout leave pay must be made by the employee on or before December 31st of the year prior to the employee’s payout date for the leave pay being cashed out/bought back. Such election will be irrevocable once made.

The payout date for the cashed-out/buy back leave pay will be in the first full pay period after December 1 of each year, and must be a date by which the employee will have accrued in such payroll year leave pay which equals or exceeds the amount of leave pay which the employee has elected to cash out.

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4. Accumulated Hours at Termination
An employee who terminates employment shall be paid for all credited or accrued vacation.

SECTION 2: HOLIDAYS
Each full-time unit member shall receive the following 10-hour holidays off:

New Year's Day
Martin Luther King's Birthday
Presidents' Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans' Day (to be observed as the second Monday in November) Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Eve
Twenty (20) Floating Holiday hours accrued each July 1st Floating Holiday hours that are not used by the end of each fiscal year will be cashed out in the first pay period following June 30, at end of fiscal year. The cash value shall be computed as the hourly equivalent of the employee’s base salary at the time of cash-out.

When one of the above holidays falls on Friday, the preceding Thursday shall be treated as a paid holiday. When a holiday falls on a Saturday, 10 hours shall be added to the employee's floating holiday bank. When a holiday falls on Sunday, the following Monday shall be treated as a paid holiday.

For CSO's who are required to work on holidays, they shall have the option of banking the holiday time in their floating holiday bank.

SECTION 3: SICK LEAVE
Sick leave shall be used in cases of actual sickness or disability when the employee is unable to perform their normal work assignment or as otherwise allowed in this section.

1. Sick Leave Usage
In order to receive compensation while absent from duty on sick leave, the employee must notify or cause to be notified, their immediate supervisor prior to the time set for the beginning of the employee's regular daily duties. Physician's certificate or work release form may be requested by the immediate supervisor if a potential sick leave abuse pattern appears to be developing. In this situation, the City may ask for a physician’s certificate for sick leave

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absences of any duration. Employees may use their accumulated sick leave for absence due to the following specified reasons:
• Illness or injury to the employee.
• A family member for preventive care or care of an existing health condition. • Exposure of the employee to a contagious disease.
• For specified purposes if they are a victim of domestic violence, sexual assault or stalking.
• To maintain a full paycheck while the employee is receiving temporary total disability Workers’ Compensation benefits, after 4850 has been exhausted. • Other reasons as approved by the City Manager or designee.

Family members include the employee's parent (adoptive, biological, foster, stepparent, or legal guardian), child (adopted, biological, stepchild, legal ward, or child to whom employee stands in loco parentis), spouse, registered domestic partner, grandparent, grandchild, and sibling. Preventive care would include but are not limited to annual physicals or flu shots.

When absent for more than three (3) consecutively scheduled workdays, the employee may file a physician's certificate or work release indicating the employee was unable to perform their duties during their absence. Failure to file the necessary documents within two (2) days following the return to work will be cause for such absence to be charged as leave without pay.

Physician's certificate or work release form may be requested by the immediate supervisor if a potential sick leave abuse pattern appears to be developing. On a case-by-case basis, if an employee called out sick, and does not have enough accrual leave time in their sick leave bank, they will not be charged to any other accrual bank and be without pay. This does not apply to an employee on protective leave (i.e. workers’ comp, FMLA/CFRA, etc.)

2. Accrual
Sick leave shall be accrued at the rate of eight (8) hours for each calendar month of service for all full-time employees. Unused sick leave shall be accumulated at the rate of 96 hours a year for full-time employees. There shall be no limit on the amount that can be accumulated.

3. Sick Leave Sell Back
The City agrees to sell back up to eighty (80) hours per year of sick leave at 110% of the regular rate of pay per calendar year. Employees must have used less than 49 hours of sick leave during the prior calendar year. Employees must have a minimum remaining balance of forty (40) hours of sick leave to be eligible for this benefit subject to the following provision:

Employees may make a written election to cash out some or all of the leave pay that the employee will accrue in the following year, subject to the provisions/limitations for cashouts/buy backs in this MOU. Such election to cashout leave pay must be made by the employee on or before December 31st of the year prior to the employee’s payout date for the leave pay being cashed out/bought back. Such election will be irrevocable once made.

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The payout date for the cashed-out/buy back leave pay will be in the first full pay period after December 1 of each year, and must be a date by which the employee will have accrued in such payroll year leave pay which equals or exceeds the amount of leave pay which the employee has elected to cash out.

4. Sick Leave Reports
In order to receive compensation while absent on sick leave, the employee will phone within one (1) hour (60 minutes) with personal contact with the supervisor; if no response from either, voice mail will be allowed. The employee will leave a phone number where they can be called. When absence is for more than three workdays, the employee shall file a physician's certificate or a personal affidavit with the Human Resources Department. The supervisor will notify Human Resources of employees who have been absent for three (3) consecutive days.

5. Family Attendance
Employees shall have the option of using sick leave for attendance to family members, or the employee may elect to take leave without pay for attendance to family members. Family members are defined in Section A above.

6. Rights of Victims of Domestic Violence
Employees are eligible to take time off and use their accrued sick leave if they are a victim of domestic violence, sexual assault, stalking, a crime that caused physical injury or mental injury, or a crime involving threat of physical injury; or are someone whose immediate family member is deceased as a direct result of a crime; to obtain relief from a court, including obtaining a restraining order, to protect you and your children’s health, safety or welfare. In general, employees do not have to give employer proof to use leave for these reasons.

However, employees should tell the City before taking time off. In some instances, the City may request proof, and in those instances employees will not be disciplined if explaining the reason for your absence within a reasonable time. Proof can be a police report, a court order, a document from a licensed medical professional, a victim advocate, a licensed health care provider, or counselor showing that you were undergoing treatment for domestic violence related trauma, or a written statement signed by you, or an individual acting on your behalf, certifying that the absence is for an authorized purpose. Employees are encouraged to speak with Human Resources staff if or when the need arises. HR Staff will provide discretion and confidentiality to employees that need help.

7. Accumulated Hours at Termination
Except as set forth below, all accrued sick leave is lost when an employee is terminated for cause. In no event shall employees who have not worked for the City as regular full­time employee for more than five (5) continuous years be entitled to use sick leave to defer termination of their employment by the City, nor shall they be compensated for sick leave upon such termination for any reason including but not limited to retirement.

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Notwithstanding the above, bargaining unit members with more than five (5) consecutive years of City employment who separate or are terminated for any reason, other than a “for cause” termination, shall be compensated for accumulated, unused sick leave by payment in a lump sum. That sum is determined by the following formula:

The number of hours of sick leave accrued and unused, multiplied by gross hourly earnings at the time of termination, multiplied by a percentage as follows:

If employed more than five (5) years, but less than ten (10): 10% If employed ten (10) years, but less than fifteen (15): 25% If employed fifteen (15) years, but less than twenty (20): 50% If employed twenty (20) years or more: 75%
“Years” as used above means continuous years of employment with the City.

The cash value shall be computed at the employee's hourly rate in existence at the time the monies are disbursed.

Bargaining unit members terminated for cause shall not be entitled to cash out any accumulated, unused sick leave.

SECTION 4: BEREAVEMENT LEAVE
A total of 80 hours of bereavement leave to be used as follows:

Up to 40 hours per occurrence, two occurrences each fiscal year, may be taken by full-time employees with pay as bereavement leave in the case of the death of the eligible employee's father, stepfather, father-in-law, mother, stepmother, mother-in-law, brother, stepbrother, sister, stepsister, wife, husband, domestic partner (so long as required by law), child, stepchild, foster child or ward of the court, grandchild, grandparent, and reproductive loss. These hours shall not be eligible to be carried forward beyond the fiscal year. The City reserves the right to require reasonable verification of the need for such leave.

Up to 20 hours per occurrence, up to four occurrences each fiscal year, (not to exceed 80 hours) each fiscal year, may be taken by full-time employees with pay as bereavement leave in the case of the death of the eligible employee's brother-in-law, sister-in-law, or grandparent of spouse, uncle, aunt or uncle and aunt of spouse, niece, nephew.

Employees may request up to an additional 40 hours of bereavement leave from accrued vacation. compensatory time, or administrative leave, subject to supervisor approval which shall not be unreasonably denied.

SECTION 5: MEDICAL LEAVE OF ABSENCE
A medical leave of absence is defined as an approved medical leave (i.e., FMLA, CFRA, ADA, etc.) for regular full-time employees. A medical leave of absence without pay is defined as

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employees who have exhausted all accrued leaves and requested leave of absence without pay.

Employees on an approved medical leave of absence shall continue to receive City paid health, dental, vision, life and long-term disability insurance provided they remain in paid status for a minimum of 80 hours in each calendar month. Any combination of accumulated vacation, holiday, administrative leave, sick, or compensatory time may be utilized in order to achieve the 80-hour requirement. Accrual of leave while on medical leave of absence shall be pro-rated based on the number of compensable hours paid during each pay period. Workers' compensation and disability payments may not be applied towards this 80-hour minimum.

No Cafeteria Plan will be paid to an employee while on medical leave of absence after the employee exhausts all accrued leaves and is in “medical leave of absence without pay” status.

If an employee on medical leave of absence is not in paid status for at least 80 hours in any month, City contribution towards the above-mentioned benefit programs will be suspended beginning the following month for the duration of the leave of absence. In this case, the employee may continue coverage under the City sponsored programs by making the full premium payments to CalPERS or third party administrator for COBRA benefits. In no event will insurance premiums be pro­rated.

SECTION 6: INDUSTRIAL INJURY LEAVE/INSURANCE PREMIUMS
The City will pay the insurance premiums for employees on leave of absence due to industrial injury. Payment of insurance premiums will include health, dental, life and vision.

ARTICLE V

WORKING CONDITIONS
SECTION 1: WORK HOURS
All unit members shall work a forty (40) hour work schedule, in a seven (7) day work period. The start time of each respective employee shall be determined by the Police Chief.

SECTION 2: SHIFT CHANGE
Employees shall be given a minimum of two (2) weeks’ advance notice of a shift change, except in case of emergency. The Police Chief shall consider the needs of the City and the employee in making assignments.

SECTION 3: EMERGENCY MEAL PERIODS
The City agrees that employees of this unit who are required to work in other than normal tour of duty situations, will have consideration given to meal periods after 4 to 5 hours of work. It is recognized that the employees will not be able to leave a bona fide emergency situation and that the final determination of this fact will be made by the supervisor in charge of the particular activity.

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