Exhibit 3 - CPEA MOU - Redline Version — Corona City Council, March 2, 2022

DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
Draft Tentative Agreement – January 29, 2022

CORONA POLICE

EMPLOYEES

ASSOCIATION

MEMORANDUM
of

UNDERSTANDING
January
July 1,
202218
through
DecemberJune 310,
20241
DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2

TABLE OF CONTENTS
ARTICLE I RECOGNITION ...................................................................................................................4 ARTICLE II ASSOCIATION ACTIVITIES..............................................................................................4 SECTION 2.1 TIME BANK ..............................................................................................................4 ARTICLE III BENEFITS.........................................................................................................................4 SECTION 3.1 BANKING PRIVILEGES...........................................................................................4 SECTION 3.2 FLEXIBLE BENEFIT ALLOWANCE.........................................................................4 SECTION 3.3 INSURANCE ............................................................................................................5

3.3.1 Short-Term Disability Insurance....................................................................................... 5

3.3.2 Long-Term Disability Insurance ....................................................................................... 5

3.3.3 Life Insurance & Accidental Death and Dismemberment ................................................ 5

3.3.4 Medical Insurance............................................................................................................ 5

3.3.5 Medical Insurance Opt Out ..............................................................................................8

3.3.6 Retirement Healthcare Savings Account ......................................................................... 9

3.3.7 Retiree Medical Insurance ............................................................................................... 9

3.3.8 Retiree Health Alternative ................................................................................................ 10

3.3.9 Retiree Life Insurance...................................................................................................... 10

3.3.10 Employee Assistance Program (EAP) ........................................................................... 10

3.3.11 Medicare Contribution....................................................................................................10 SECTION 3.5 P.E.R.S.....................................................................................................................11

3.5.1 CalPERS “Classic” Members ........................................................................................... 11

3.5.1 CalPERS “New” Members ............................................................................................... 11 SECTION 3.6 TUITION REIMBURSEMENT...................................................................................12

3.6.1 Pre-Approval .................................................................................................................... 12

3.6.2 Reimbursable Costs.........................................................................................................12

3.6.3 Administration .................................................................................................................. 14

3.6.4 Procedure......................................................................................................................... 12 SECTION 3.7 UNIFORM ALLOWANCE .........................................................................................13 SECTION 3.8 SPECIAL PROVISIONS...........................................................................................14

3.8.1 Take Home Vehicles ........................................................................................................ 14 SECTION 3.9 DEFERRED COMPENSATION................................................................................14 ARTICLE IV EXTENSION OF PROBATION PERIOD..........................................................................15 ARTICLE V HOLIDAYS.........................................................................................................................15 ARTICLE VI LEAVES............................................................................................................................16 SECTION 6.1 ANNUAL LEAVE - DEFINITION...............................................................................16

6.1.1 Accrual of Annual Leave Hours........................................................................................ 16

6.1.2 Hours Accumulated During Leave ................................................................................... 16

6.1.3 Annual Leave During the First Year................................................................................. 17

6.1.4 Unpaid Leave ...................................................................................................................17

6.1.5 Maximum Accumulation................................................................................................... 17

6.1.6 Annual Leave Usage........................................................................................................ 17

6.1.7 Annual Leave - Workers' Compensation.......................................................................... 17

6.1.8 Separation........................................................................................................................ 18

6.1.9 Pay in Lieu of Annual Leave (Buy-Back).......................................................................... 18

6.1.10 Annual Leave Accrual Rates for Holidays...................................................................... 19 DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
SECTION 6.2 FROZEN SICK LEAVE (FORMER SICK LEAVE ACCOUNTS) ..............................19

6.2.1 Frozen Sick Leave – Definition ........................................................................................ 19

6.2.2 Use of Frozen Sick Leave Hours ..................................................................................... 19

6.2.3 Frozen Sick Leave - Leave Donation............................................................................... 19

6.2.4 Frozen Sick Leave at Retirement..................................................................................... 19 SECTION 6.3 FAMILY MEDICAL LEAVE ACT...............................................................................20 ARTICLE VII NO SMOKING POLICY ...................................................................................................20 ARTICLE VIII NO STRIKE CLAUSE.....................................................................................................20 ARTICLE IX OVERTIME .......................................................................................................................20 SECTION 9.1 TIME AND ONE-HALF AND DOUBLE TIME ...........................................................20 SECTION 9.2 "COMPENSATORY TIME".......................................................................................20 ARTICLE X SALARY ............................................................................................................................21 SECTION 10.1 BASE RATE SCHEDULE.......................................................................................21 SECTION 10.2 COMPARABLE CITIES/BENCHMARK..................................................................21 SECTION 10.3 PROMOTIONS.......................................................................................................22 SECTION 10.4 POLICE OFFICER I TO POLICE OFFICER II PROMOTIONS..............................22 ARTICLE XI SPECIAL COMPENSATION ............................................................................................22 SECTION 11.1 HAZARD AND ASSIGNMENT PAY .......................................................................22 SECTION 11.2 COURT ASSIGNMENT..........................................................................................23 SECTION 11.3 LONGEVITY PAY...................................................................................................23 SECTION 11.4 MARKSMANSHIP PROFICIENCY.........................................................................24 SECTION 11.5 P.O.S.T. CERTIFICATE PAY.................................................................................24 SECTION 11.6 SPANISH LANGUAGE PAY...................................................................................24 ARTICLE XII WORK SCHEDULE.........................................................................................................24 SECTION 12.1 COMPRESSED WORK WEEK SCHEDULE..........................................................24 ARTICLE XIII NOTICE REGARDING LAYOFFS..................................................................................25 ARTICLE XIV PRIOR AND EXISTING CONDITIONS..........................................................................25 ARTICLE XV BEGINNING OF NEGOTIATIONS..................................................................................26 ARTICLE XVI AGREEMENT TO MAINTAIN A “LIVING DOCUMENT” .............................................. 26 ARTICLE XVII MANAGEMENT RIGHTS..............................................................................................26 SIGNATURES........................................................................................................................................27 DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
ARTICLE I PREAMBLERECOGNITION:

WHEREAS, the City of Corona, California, represented by its Management negotiators (hereinafter referred to as City), and the Corona Police Employees Association, a recognized non-supervisory unit, represented by themselves (hereinafter referred to as CPEA), have met and conferred in good faith regarding those matters provided for in Section 3500 et. Seq. of the California Government Code; and WHEREAS, the City and CPEA, as a result of meetings and discussions, have reached an understanding concerning certain of said matters and have prepared a written memorandum of understanding (MOU) for submission to the City Council of the City of Corona for its determination.

The CPEA members and the City agree to enter into this MOU effective October 17, 2018. In the event agreement is not made for a new MOU prior to June 30, 2021, the provisions of this MOU shall remain in force until the successor MOU is approved.

NOW, THEREFORE, THE CITY AND CPEA jointly submit the following:

The City of Corona (hereinafter referred to as “City”), and the Corona Police Employees Association, (hereinafter referred to as “CPEA” or Association), a recognized non-supervisory Association that represents employees (who within this MOU shall be referred to as “Employees” or “Members”) in the classifications of Police Officer, Corporal and Detective have met and conferred in good faith regarding those matters provided for in Section 3500 et seq. of the California Government Code.

ARTICLE I – TERM OF THE MEMORANDUM OF UNDERSTANDING
The City and CPEA agree that the term of this Memorandum of Understanding (“MOU”) shall be from January 1, 2022 to December 31, 2024. In the event agreement is not made for a new MOU prior to December 31, 2024, the provisions of this MOU shall remain in force until the successor MOU is approved.

ARTICLE II ASSOCIATION ACTIVITIES:

SECTION 2.1 TIME BANK:

The City shallagrees to establish a "Time Bank” for use by members of the CPEA for the purposes and subject to the restrictions provided herein. Association members The City shall annually contribute the dollar value of a total of three (3) hours of annual leave for each unit member to the Time Bank one time a year on or about in the first pay period in August.

The Time Bank is for use by unit members for any lawful activity, including, but not limited to, of CPEA to attendance at seminars, classes, and and conferences, related to the meet- and-confer - process, . Additionally, any member of the Association may receive time off as well as for the welfare of officers and, for community service, and any lawful activity. of the Association with pay drawn from the Time Bank, provided that said To use the Time Bank, employees mustfirst receivegains approval for said use from the Association., The use must also be approved and subject to the approval of the by the Chief of Police or designee to ensure it is consistent with the operational needs of the police dDepartment. Access to the Time Bank shall be determined by CPEA's Board of Directors. An employee who uses the Time Bank shall use the appropriate Time Bank payroll code in recording their time.

ARTICLE III BENEFITS:

SECTION 3.1 – TIERS FOR CERTAIN BENEFITS IN THIS ARTICLE:

Some of the benefits in this Article (and in other articles of this MOU) are provided per a tiered structure based on date of hire. There are four (4) tiers. Whenever there is a reference to a tier in this MOU, DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
the particular tier is defined as follows:

Tier I – Employees hired before January 1, 2000
Tier II – Employees hired on or after January 1, 2000 through October 12, 2007 Tier III – Employees hired on or after October 13, 2007 through December 31, 2012 Tier IV – Employees hired on or after January 1, 2013
SECTION 3.29 DEFERRED COMPENSATION:

All employees in the unit may open a deferred compensation account (per IRS Code section 457) and make pre-tax contributions into it up the maximum permitted by law based on their age. Deferred compensation is employee (not City) funded. Loans to employees from their deferred compensation accounts shall be regulated by applicable laws and pursuant to the rules and regulations of the deferred compensation plan administrator.

Members may take out loans against their Deferred Compensation account subject to the following terms and conditions:
(A) Loans shall be made pursuant to a written, enforceable loan agreement. (B) Loans shall be available for all purposes. Loans shall not exceed the lesser of(i) $50,000, or (ii) the greater of 1/2 of the employee’s account balance or $10,000. The minimum loan amount available shall be $1,000.00.
(C) Employees may receive one loan per calendar year and may have onlyone outstanding loan at a time.
(D) Loans shall be repaid in substantially equal installments of principal and interest, at least quarterly, over no more than 5 years; provided that loans for a principalresidence shall be repaid in substantially equal installments of principal and interest, at least monthly, over no more than 15 years.
(E) Loans shall be made at a reasonable interest rate.
(F) Employees shall repay loans directly to the employee’s deferred compensation plan provider. Loans will be in default if any payment is not made within 60 days of thedate it is due or as otherwise provided in the loan agreement.
(G) If there is a default or the loan does not meet the requirements outlined above, the outstanding loan balance will be reported as a taxable distribution in addition to the amount of cash distributed from the plan, and may be subject to additional taxes for early withdrawal.

Arrangements for such loans must be initiated by the employee and made directly with their deferred compensation provider.

SECTION 3.1 BANKING PRIVILEGES:

The City shall provide through its contracted bank free money orders, cashier's checks, traveler's checks or standard-size safe deposit box (1 per employee) for employees hired before October 1, 1987.

SECTION 3.3 - IRS SECTION 125 CAFETERIA PLAN WITH FLEXIBLE SPENDING

ACCOUNTS
Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as dependent care and medical expenses through flexible spending accounts (“FSAs”). The City has enabled employees to participate in a health care flexible spending account (“Health FSA”) (which qualifies as a self-insured medical reimbursement plan under IRC section 105) and a dependent care flexible spending account under IRC section 129 (“Dependent Care FSA”). Employees are not required to participate in either FSA, but the City has provided employees with an opportunity to do so. A unit member who participates in either FSA, may submit claims for eligible medical or eligible dependent care expenses, accordingly, to be paid or reimbursed on a pre-tax basis. The taxable salary of the employee will be reduced by the amount an employee DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
elects to direct to their Health Care FSA and/or Dependent Care FSA, up to the maximum limits permitted by law.

An employee will have the opportunity to make such elections during open enrollment each year.

SECTION 3.2 FLEXIBLE BENEFIT ALLOWANCE:

Active employees who are members of the CPEA (“Member”) may purchase nontaxable benefits offered under the City of Corona Section 125 Cafeteria Plan (“Cafeteria Plan”). The Member shall have the opportunity to make an election as to which benefits to purchase during Open Enrollment for the upcoming plan year.

Upon the conclusion of the Open Enrollment period, the Member’s election shall not be subject to change during the plan year. Any amounts remaining in the reimbursement accounts after the expiration of the reimbursement periods shall be forfeited. Please see the Cafeteria Plan for further details.

SECTION 3.43 HEALTH INSURANCE:

The City contracts with the California Public Employees’ Retirement System (CalPERS) for the provision of medical insurance. All employees in the bargaining unit shall receive the CalPERS statutory minimum (i.e., the amount required under the Public Employees’ Medical and Hospital Care Act (PEMHCA) which is $143.00/month for calendar year 2021 and a yet to be determined amount for subsequent calendar years).

The City contracts with Delta Dental to provide Dental Insurance (currently with Delta Dental) with both an HMO and PPO plan option available for employees to choose.

The City contracts with EyeMed to provide Vision Insurance (currently with EyeMed) for employees to choose.

If the City desires to change dental or vision carriers, the Association agrees that it will meet promptly (i.e., within seven (7) calendar days) with the City to meet and confer regarding such changes.

All employees in the bargaining unit shall receive the amounts below for the purchase of health insurance.

This includes medical, dental and vision insurance. These amounts include the CalPERS statutory minimum as well as an additional amount provided under the City’s Section 125 Cafeteria Plan. (1) $773601.1742 per month for Members electing Employee only coverage; (2) $1,546202.1083 per month for Members electing Employee plus one dependent coverage; or
(3) $2,0481,563.3967 per month for Members electing Employee plus two or more dependents coverage.

The City’s provision of funds for health insurance is provided Medical Allowance will be made available through the Cafeteria Plan. If a Member enrolls in a health benefitsplan that costs more than provided abovethe Medical Allowance, theyhe or she will be responsible for payment of any additional dollars for the benefits chosenany premium in excess of the Medical Allowance.

3.3.1 Medical Insurance:
(B) Tier I Employees: The City agrees to provide a monthly medical insurance allowance (“Medical Allowance”) to Members hired prior to January 1, 2000 (“Tier I Employee”) to be used for the purpose of purchasing mandatory health coverage offered through the CalPERS Health Program as governed by the Public Employees’ Medical & Hospital Care Act (“PEMHCA”) for the Member and his or her eligible dependents. Effective the first full pay period following October 17, 2018, the Medical Allowance shall consist of the following: (1) a base contribution rate according to the current CalPERS schedule (“Base Contribution Rate”), plus (2) an amount DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
equal to the difference between the Base Contribution Rate and the following amounts, as applicable:
(1) $601.42 per month for Members electing Employee only coverage; (2) $1,202.83 per month for Members electing Employee plus one dependent coverage; or (3) $1,563.67 per month for Members electing Employee plus two or more dependents coverage.

The Medical Allowance will be made available through the Cafeteria Plan. If a Memberenrolls in a health plan that costs more than the Medical Allowance, he or she will be responsible for payment of any premium in excess of the Medical Allowance.

Tier II Employees: The City agrees to provide a Medical Allowance to Members hired on or after January 1, 2000 (“Tier II Employee”) to be used for the purpose of purchasing mandatory health coverage under PEMHCA for the Member and his or her eligible dependents. Effective the first full pay period following October 17, 2018, the Medical Allowance shall consist of the following: (1) the Base Contribution Rate, plus (2) an amount equal to the difference between the Base Contribution Rate and the following amounts, as applicable:
$601.42 per month for Members electing Employee only coverage; $1,202.83 per month for Members electing Employee plus one dependent coverage; or $1,563.67 per month for Members electing Employee plus two or more dependents coverage.

The Medical Allowance will be made available through the Cafeteria Plan.

Subject to the limitations set forth below, the excess of the Medical Allowance remaining after purchase of mandatory health coverage under PEMHCA (“Medical Difference”), if any, may be allocated toward the purchase of other Cafeteria Plan benefits or may be taken as a taxable cash payment, in accordance with the terms of the Cafeteria Plan. The maximum Medical Difference to which an employee is entitled shall be $950 per month. If a Member enrolls in a health plan that costs more than the Medical Allowance, he or she will be responsible for payment of any premium in excess of the Medical Allowance.
(C) Tier III Employees. The City agrees to provide a Medical Allowance to Members hired on or after October 13, 2007 and to Members hired on or after January 1, 2013 who qualify for the designation of a Classic CalPERS member (“Tier III Employee”) to be used for the purpose of purchasing mandatory health coverage under PEMHCA for the Member and his or her eligible dependents. Effective the first full pay period following October 17, 2018, the Medical Allowance shall consist of:
(1) For Members hired on or after October 13, 2007, but before January 1, 2013 the Medical Allowance shall consist of the following: (1) the Base Contribution Rate, plus (2) an amount equal to the difference between the Base Contribution Rate and the following amounts, as applicable:
(a) $601.42 per month for Members electing Employee only coverage; (b) $1,202.83 per month for Members electing Employee plus one dependent coverage; or (c) $1,563.67 per month for Members electing Employee plus two or more dependents coverage.

The Medical Allowance will be made available through the Cafeteria Plan. The Medical Difference, if any, may NOT be allocated toward the purchase of other Cafeteria Plan benefits and may NOT be taken as a taxable cash payment. If a Member enrolls in a health plan that costs more than the Medical Allowance, he or she will be responsible for payment of any premium in excess of the Medical Allowance.
(2) For Members hired on or after January 1, 2013 who qualify for the designation of a Classic CalPERS member, the Medical Allowance shall consist of:
(a) Before the Member’s “Fifth Reciprocal Benefit Year” (as defined below), the Medical Allowance shall consist of the following: (1) the Base Contribution Rate, plus (2) an DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
amount equal to the difference between the Base Contribution Rate and the actual monthly premium for the lowest cost PERS family plan. The Medical Allowance will be made available through the Cafeteria Plan. The excess of the Medical Allowance remaining after purchase of mandatory health coverage through PEMHCA, if any, may NOT be allocated toward the purchase of other Cafeteria Plan benefits and may NOT be taken as a taxable cash payment. If a Member enrolls in a health plan that costs more than the Medical Allowance, he or she will be responsible for payment of any premium in excess of the Medical Allowance. (b) From and after the Member’s “Fifth Reciprocal Benefit Year” (as defined below), the Medical Allowance shall consist of the following: (1) the Base Contribution Rate, plus (2) an amount equal to the difference between the Base Contribution Rate and the and the following amounts, as applicable:
(i) $601.42 per month for Members electing Employee only coverage; (ii) $1,202.83 per month for Members electing Employee plus one dependent coverage; or
(iii) $1,563.67 per month for Members electing Employee plus two or more dependents coverage.

As used herein, “Fifth Reciprocal Benefit Year” shall mean the calendar year during which a Member completes either: (1) five (5) full years of employment as a full-time sworn peace officer with the City; or (2) five (5) full years of combined employment as a full-time sworn peace officer with the City and one or more other organizations. By way of example, if a Member has not previously worked as a sworn peace officer for another organization and is first hired by the City as a full-time sworn peace officer in July of 2013, the Member’s Fifth Reciprocal Benefit Year would be calendar year 2018 (assuming continuous employment). Accordingly, the Member would be eligible to utilize the Medical Allowance calculated in 3.3.4(C)(2)(b) above when the City’s open enrollment occurs in 2017 for calendar year 2018. Members with combined employment with another agency shall receive a full month’s credit for each month, or portion thereof, worked as a sworn peace officer for the other agency. By way of additional example, therefore, if a Member has previously worked thirteen (13) months as a sworn peace officer for another organization and is first hired by the City as a full-time sworn peace officer in July of 2013, the Member’s Fifth Reciprocal Benefit Year would be calendar year 2017 (assuming continuous employment). Accordingly, the Member would be eligible to utilize the Medical Allowance calculated in 3.3.4(C)(2)(b) above when the City’s open enrollment occurs in 2016 for calendar year 2017. In order to get credit for employment with another organization, on or before the Member’s initial employment date with the City, the Member must provide verifiable written work history as a full-time sworn peace officer in a previous organization (D) Tier IV Employees: The City agrees to provide a Medical Allowance to Members hired on or after January 1, 2013 who do not qualify for the designation of a Classic CalPERS member (“Tier IV Employee”) to be used for the purpose of purchasing mandatory health coverage under PEMHCA for the Member and his or her eligible dependents. Effective the first full pay period following October 17, 2018, the Medical Allowance shall consist of the following:
(1) Before the Member’s “Fifth Benefit Year” (as defined below), the Medical Allowance shall consist of the following: (1) the Base Contribution Rate, plus (2) an amount equal to the difference between the Base Contribution Rate and the actual monthly premium for the lowest cost PERS family plan. The Medical Allowance will be made available through the Cafeteria Plan. The Medical Difference, if any, may NOT be allocated toward the purchase of other Cafeteria Plan benefits and may NOT be taken as a taxable cash payment. If a Member enrolls in a health plan that costs more than the Medical Allowance, he or she will be responsible for payment of any premium in excess of the Medical Allowance.

DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
(2) From and after the Member’s “Fifth Benefit Year” (as defined below), the Medical Allowance shall consist of the following: (1) the Base Contribution Rate, plus (2) an amount equal to the difference between the Base Contribution Rate and the following amounts, as applicable:
(a) $601.42 per month for Members electing Employee only coverage; (b) $1,202.83 per month for Members electing Employee plus one dependent coverage; or
(c) $1,563.67 per month for Members electing Employee plus two or more dependents coverage.

As used herein, “Fifth Benefit Year” shall mean the calendar year during which a Member completes five (5) full years of employment as a full-time sworn peace officer with the City.

By way of example, if a Member is first hired by the City as a full-time sworn peace officer in July of 2013, the Member’s Fifth Benefit Year would be calendar year 2018 (assuming continuous employment). Accordingly, the Member would be eligible to utilize the Medical Allowance calculated in 3.3.4(D)(2) above when the City’s open enrollment occurs in 2017 for calendar year 2018.

3.45.1 Medical Insurance Opt Out:

Eligible Opt-Out Arrangement: Effective February 26, 2022, upon providing reasonable evidence of alternative coverage as required by the ACA’s Eligible Opt-Out Arrangement rules (below), employees shall be entitled to the following dollars in the first two pay periods each month in taxable cash, in lieu of the amount provided in Section 3.4 above:
(a) $300.00 ($600 per month) for Employee + 2 or more dependents (b) $200.00 ($400 per month) for Employee + 1 dependent (c) $100.00 ($200 per month) for Employee Only
This leave shall be kept in a separate Annual Leave bank. For calendar year 2022, any leave remaining as of December 16, 2022 will be cashed out on the pay day that occurs on December 22, 2022. For calendar year 2023, any leave remaining as of December 29, 2023 will be cashed out on the pay day that occurs on January 5, 2024.

Employees who opt out of will receive the following Annual Leave through December 29, 2023:

For Employee only = 2.38 hours per pay period. For Employee + 1 dependent – 3.38 hours per pay period. For Employee + 2 or more dependents – 3.85 hours per pay period.

An employee who opts out will not receive the City’s health insurance contribution in Section

3.4, but those employees who satisfy the Eligible Opt-Out Arrangement rules, will receive the amount in Section 3.4.1 (a), (b), or (c), as applicable based on an Employees number of dependents (“Opt-Out Amount”). The employee may choose to allocate any portion of the Opt-Out Amount toward dental and/or vision insurance premiums for enrollment in a City dental and/or vision plan, or take the Opt-Out Amount or any portion thereof in taxable cash.

If the employee uses any portion of the Opt-Out Amount toward the City’s dental and/or vision insurance, such payment will be pre-tax.

Pursuant to the Affordable Care Act (ACA) Employer Mandate “affordability” determination, an Eligible Opt-Out Arrangement requires the following for employees who opt-out of employer-provided health coverage and receive cash in lieu:

DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2

1. Employee must provide reasonable evidence that the employee and each member of the employee’s expected tax family (individuals the employee expects to claim personal exemption deduction) have or will have minimum essential coverage (other than coverage in the individual market, whether or not obtained through Covered California) during the period of coverage to which the opt-out arrangement applies;

2. The opt-out payment may not be made if the employer knows or has reason to know that the employee or any other member of the employee’s expected tax family does not have or will not have the alternative coverage;

3. The evidence of alternative coverage must be provided every plan year to which the eligible opt-out arrangement applies; and

4. The reasonable evidence will be an attestation signed by the employee, attesting to the above, and must be provided no earlier than a reasonable period of time before each plan year begins.

Subject to meeting the requirements set forth below, and in lieu of receiving the Medical Allowance and Medical Difference (if applicable), a Member may elect to receive a monthly allocation to the Cafeteria Plan according to the following schedule, which shall be effective beginning the first full pay period following October 17, 2018:
(a) $1,000.00 for Employee + 2 or more dependents
(b) $750.00 for Employee + 1 dependent
(c) $450.00 for Employee Only
The amount of the monthly allocation shall be based on the alternative coverage in which the Member is enrolled. Said amount may be allocated toward the purchase of other Cafeteria Plan benefits or may be taken as a taxable cash payment, in accordance with the terms of the Cafeteria Plan. In order to qualify for this election, the Member must meet all of the following requirements:

1. Provide satisfactory written proof of health insurance coverage for the Member and the Member’s eligible dependents, if any;

2.1.An employee who opts out of medical insurance must sSign a waiver of City offered medicalhealth insurance coverage and an agreement to hold the City harmless for any consequences, whatsoever, that result from the waiver of City offered medical health insurance coverage; and

3.2.Sign a statement acknowledging that the EmployeeMember and the Employee’sMember’s eligible dependents will not be allowed to re-enroll in the health insurance coverage offered by the City until the next open enrollment period, and that re-enrollment will be subject to all conditions imposed by the insurance provider at the time of re-enrollment. However, in the event of a HIPAA or COBRA “qualifying event” such Member would be allowed to re-enroll in health insurance effective the beginning of the following month without having to wait for the next open enrollment period.

If an employee member who is currently oOpting oOut fails to make an election for oOpt oOut during oOpen eEnrollment, the employee will be enrolled in a medicalhealth insurance plan, lowest highest cost employee only plan coverage that does not result in an out-of- pocket cost, as determined by the City. This default allocation shall not be subject to change.

Discretionary Authority: For the items in this Section 3.3, it should be noted that, in making any benefits determination under the policy, the carrier shall have the discretionary authority both to determine eligibility for benefits and to construe the terms of the policy.

SECTION 3.5 – RETIREE MEDICAL INSURANCE:

A. Tier I Retirees: For Tier I Retirees the City shall pay a medical insurance premium equal to or less than the monthly premium for the second highest (in cost) PERS family plan at the PERS-designated DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
classification for Riverside County (currently Region 3) and the Medicare Part B cost once enrolled in Medicare (which is done by CalPERS at age 65). The payment for medical is actually deducted from the employee’s retirement check and the City then reimburses the employee for the cost.

If a Tier I retiree enrolls in the highest cost medical plan, they will be responsible for payment of the premium between the second highest and highest cost plan.

The City affirms the above Tier 1 Lifetime Health Benefit by agreeing this is a vested benefit implementing an employee and retiree medical insurance premium contributions agreement to provide a mechanism that provides additional assurance that Tier 1 lifetime health benefits that will cannot not be revoked or negotiated away by future members of management, City Councils, and/or union representatives. The right to receive the above Tier 1 Lifetime Health Benefit is a vested benefit for each Tier I Retiree. The inclusion of this vesting language is to comply with the United States Supreme Court’s decision in M&G Polymers v. Tackett, (2015) 135 S.Ct. 926, requiring the intent to vest a benefit be explicitly set forth.

B. Tier II, III and IV Retirees: These employees who retire from the City of Corona and enroll in a medical plan offered through PEMHCA shall have the City pay the CalPERS annual statutory minimum (toward their retiree medical benefit). These employees will be responsible for paying the remainder of any premiums for medical plans to which such employees (who will then be retirees) enroll. The City will not reimburse Tier II, III and IV Retirees for premiums paid to Social Security for health insurance through Medicare.

3.3.2 Retiree Medical Insurance:
(A) Tier I Retirees: The City agrees to provide a monthly medical insurance premium payment (“Premium Payment”) to Members hired prior to January 1, 2000, who retire from the City of Corona under the CalPERS system (“Tier I Retiree”) for the purpose of purchasing health coverage under PEMHCA for the Tier I Retiree and his or her eligible dependents. The Premium Payment shall be payable in the following form: (1) Base Contribution Rate payable to CalPERS, and (2) a reimbursement to the Tier I Retiree of the monthly premium for the medical insurance plan actually paid by the Tier I Retiree (“Reimbursement”). The Reimbursement shall include reimbursement for premiums paid to Social Security for health insurance through Medicare once a year at the end of the year. Notwithstanding the preceding, Tier I Retirees that retire on or after January 1, 2006 shall only be entitled to a Premium Payment which is equal to or less than the monthly premium for the second highest PERS family plan at the PERS-designated classification for Riverside County (currently the “Other Southern California Counties” rate) and the Medicare reimbursement. If a retiree enrolls in a more expensive plan, he or she will be responsible for payment of any premium in excess of the capped amount.

The City affirms the Tier 1 Lifetime Health Benefit by implementing an employee and retiree medical insurance premium contributions agreement to provide a mechanism that provides additional assurance that Tier 1 lifetime health benefits will not be revoked or negotiated away by future members of management, City Councils, and or union representatives. The right to receive the above Tier 1 Lifetime Health Benefit is a vested benefit for each Tier I Retiree. The inclusion of this vesting language is to comply with the United States Supreme Court’s decision in M&G Polymers v. Tackett, (2015) 135 S.Ct. 926, requiring the intent to vest a benefit be explicitly set forth.
(B) Tier II, III, and IV Retirees: Members hired on or after January 1, 2000, who retire from the City of Corona under the CALPERS system (“Tier II, III, IV Retiree”), shall be entitled to a partial payment of the premium for the health insurance plan in which they are enrolled payable by the City of Corona to CalPERS in the amount equal to the Base Contribution Rate only. Tier II, III and IV Retirees shall not be reimbursed or otherwise receive payment from the City for health insurance premiums in excess of said Base Contribution Rate. The City will not reimburse Tier II, III and IV Retirees for premiums paid to Social Security for health insurance through Medicare.

3.3.3 Retirement Healthcare Savings Account:

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Tier II, III and Tier IV Employees: Employees hired on or after October 13, 2007, shall receive $5,000 annually, paid at $1,250 per quarter, deposited into a Retirement Healthcare Savings Account. The employee must choose a single provider for this benefit. The City and CPEA agree to meet and confer in good faith to negotiate a side letter or other agreement to eliminate the $5,000 contribution to a Retirement Healthcare Savings Account set forth in this section and to instead provide for the same contribution to the PORAC Retiree Medical Trust on behalf of each Tier II, III or IV employee.

3.5.1 Retiree Health Alternative:

In lieu of receiving the City’s retiree medical benefit in Section 3.5 above, Premium Payment, a Tier I Retiree shall have the option of receiving an annual $6,000 contribution, at a rate of $500 per month, paid to a City-provided health care reimbursement plan on behalf of such Tier I Retiree for the purpose of receiving reimbursements of qualifying health care expenses under Sections 105(b) and 213(d) of the Internal Revenue Code. To receive this benefit, a Tier I Retiree must forfeit participating in any of the health benefit plans available to retirees of the City of Corona for the plan year in which such Tier I Retiree elects to receive the contribution. Tier I Retirees needing to re-enroll as a result of a COBRA or HIPPA “qualifying event” may do so on the first day of the month following that event, while those choosing to re-enroll in the absence of a HIPPA “qualifying event” may re-enroll during the next open enrollment period, unless the Tier I Retiree has never participated in a CalPERS health plan. Tier II, III, IV Retirees shall not be eligible for thisalternative.

SECTION 3.6 – RETIREMENT HEALTHCARE SAVINGS ACCOUNT:

Tier II, III and Tier IV Employees: Employees hired on or after October 13, 2007, Unit members in Tiers II, III and IV shall receive $5,000 annually, paid at $1,250 per quarter, deposited into a Retirement Healthcare Savings Account. The employee must choose a single provider for this benefit. The City and CPEA agree to meet and confer in good faith to negotiate a side letter or other agreement to eliminate the $5,000 contribution to a Retirement Healthcare Savings Account set forth in this section and to instead provide for the same contribution to the PORAC Retiree Medical Trust on behalf of each Tier II, III or IV employee.

SECTION 3.7 – SHORT-TERM DISABILITY PLAN:

The City shall provide a short-term disability insurance plan (provided by an outside carrier) to each employee in the unit who, due a medical condition, qualifies for benefits under the plan. This plan shall contain the following provisions:
 Benefit level shall be 55% of base monthlypre-disability earnings (i.e., each month the employee shall earn 55% of their base hourly rate for all hours scheduled in the month) as determined by the carrier.
 90-calendar day benefit period (Includes 7-calendar day benefit waiting period before benefits are provided).
 Monthly maximum benefit of $10,000.00
Employees may use accrued Annual Leave or Compensatory Time to supplement payments received by the plan. However, employees may not receive more than 100% of their regular wagesgross compensation prior to the disability..

The carrier shall have the discretionary authority both to determine eligibility for benefits and to construe the terms of the policy. Any disputes regarding eligibility for benefits shall be dealt with between the employee and the carrier.

To the extent that an employee’s leave of absence while receiving short-term disability insurance also qualifies as qualifying leave per the Family and Medical Care Leave Act, the California Family Rights Act or per the California Pregnancy Disability Leave Act, the leave will run concurrently with those Acts and employees will receive the benefits of those Acts.

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3.3.4 Short-Term Disability Insurance:

The City shall provide a short-term disability insurance plan to each association member, who for reasons of their own medical disability commences an authorized leave of absences. This insurance plan shall contain the following provisions:
▪ Benefit level shall be 55% of basic monthly earnings less other income benefits. 7 day benefit waiting period.
▪ Monthly maximum benefit of $10,000.
▪ 90 day benefit period.
▪ Ability to utilize annual leave or frozen sick leave to supplement disability payments.

SECTION 3.8 – LONG-TERM DISABILITY PLAN

3.3.5 Long-Term Disability Insurance:

The City shall provide Long-Term Disability Insurance benefits in accordance with the California Law Enforcement Association Group Long Term Disability Insurance Plan A (hereinafter Plan A) to each employee in the unit. The specific details, benefits and plan documents are on file in the City’s Human Resources Departmentivision.

If It is anticipated that the City’s premium cost for providing Plan A to the CPEA Members will be less than the City’s premium cost for providing Long-Term Disability Insurance for all other City employees. If, in future years, the City’s pro-rata premium cost for providing Plan A to the CPEA Members is less than the pro-rata premium cost of providing Long-Term Disability insurance to all other City employees, the actual savings will be distributed to unitCPEA members pro-rata in a lump sum payment, less applicable deductions in the final pay period of each applicable year. Said The payment shall be calculated by dividing the actual number of employees in the unitCPEA in the last pay period into the actual savings in premium cost by realized by the City as a result of providing Plan A instead of the Long-Term Disability Insurance that is provided to all other City employees.

SECTION 3.9 – LIFE INSURANCE & ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE PLANS:

The City shall provide life insurance coverage for unit members equal to five and one-half times the member's annual basic base pay earnings up to a maximum of $750,000.

The City shall provide unit members with an accidental death and dismemberment policy in an amount equal up to the member’s’ (potential) life insurance benefit - five and one-half times the member's annual basicbase pay earnings to a maximum of $750,000.

The carrier shall have the discretionary authority both to determine eligibility for benefits and to construe the terms of both the life insurance and accidental death and dismemberment policy. If an employee has any dispute regarding the benefits of what the plan provides, the employee shall contact the carrier to address their dispute since the carrier provides the policy but does not administer it.

3.3.6 Life Insurance & Accidental Death and Dismemberment:

The City shall provide Life and Accidental Death and Dismemberment insurance coverage for Unit members equal to five and one-half times the member's annual base pay to a maximum of $750,000.00.

3.9.1 Retiree Life Insurance:

The City shall provide a Life Insurance policy in the amount of $50,000.00 to all members who retire from the City of Corona. This Life Insurance pPolicy shall remain in force until the retiree reaches the age of 70.

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SECTION 3.10 – EMPLOYEE ASSISTANCE PROGRAM (EAP):

3.3.7 Employee Assistance Program (EAP):

The City will provide an Employee Assistance Program to all employees free of charge. This counseling service will provide immediate 24-hour assistance in crisis situations, as well as counseling and referral services for employees and immediate family members who are experiencing personal, marriage, family, work, substance abuse, or financial problems.

The City will provide members and their dependents an additional enhanced Employee Assistance Program through The Counseling Team. This service will cover a wide range of mental health and substance abuse care, from individual counseling to comprehensive and group therapy.

SECTION 3.11 – FITNESS FOR DUTY EXAMINATIONS:

An employee may be required to participate in a fitness for duty medical examination with a City physician if a determination is made that the examination is job-related and consistent with business necessity. The examination may only be requested by the Chief of Police, with the approval of the Human Resources Department. Such an examination will only be required if it is determined based on objective evidence that the employee is having difficulty performing their job is suffering from an injury or illness that may be rendering them unable to perform the essential functions of their job.

SECTION 3.12 – MEDICARE CONTRIBUTION:

3.3.8 Medicare Contribution:

The City shall agrees to pay the employee’s portion of the mandatory Medicare contribution of 1.45% for all those CPE employees hired after January 1, 1986.

FIRST-TIER EMPLOYEES: In addition, the City will reimburse First-Tier Employees for yearly Medicare premiums once a retiree and spouse enroll in Medicare at age 65.

SECTION 3.13 – RETIREMENT:

The City contracts with CalPERS for retirement benefits. The definitions of “new member” and “classic member” are set forth below.

A. For “Classic Member” Employees

1. Retirement Formula: The City contracts with CalPERS to provide the 3% at 50 retirement formula set forth in California Government Code Section 21362.2.

2. Single Highest Year: The City's contract with CalPERS provides for the "Single Highest Year" retirement benefit for miscellaneous employees of which “classic member” employees in the unit are included per Government Code section 20042.

The retirement benefit is based on the highest annual compensation for the one year during the employee's membership in CalPERS.

4.3.Payment of Employee/Member Contribution: Classic Members pay nine percent (9%) compensation earnable as their Member Contribution. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.

4. Cost Sharing – Classic member employees pay an additional one and one half percent (1.5%) compensation earnable for their retirement contribution as cost sharing in accordance with Government Code section 20516(f). The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee cost-sharing contribution is made on a pre-tax basis.

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B. For “New Members” As Defined By the Public Employees’ Pension Reform Act of 2013 (PEPRA)

1. Retirement Formula: Unit members who are defined as “new members” under the PEPRA, are covered by the 2.7% at 57 formula provided for by the Public Employees’ Retirement Law at per Government Code section 7522.25(d).

2. Retirement Benefit Calculation Period: For unit members defined as “new members” under the PEPRA such employees’ final compensation will be based on the hHighest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of their retirement or any other three consecutive year period chosen by the employee as set forth in Government Code section 7522.32(a).

3. Payment of Employee/Member Contribution: New member employees are responsible for paying the employee contribution of one-half of the total normal cost of the plan, as defined by CalPERS, through a payroll deduction. This amount is determined by CalPERS each year in its annual valuation. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.

C. Additional Optional Benefits for All Employees
The following list of optional benefits is listed here in the MOU for the convenience of the parties to reflect what is currently in the City’s contract with CalPERS. It is the City’s contract with CalPERS and the Public Employees’ Retirement Law that determines the application of these benefits to members of the Association.

1. 1959 Survivor's Benefit: The City’s contract with CalPERS provides Level 3 coverage under the 1959 Survivor's Benefit per Government Code section 21573.

2. Pre-Retirement Option 2W Benefit: The City’s contract with CalPERS provides for PreRetirement Optional 2W Benefit as set forth in Government Code Section 21548.

3. Military Service Credit: The City’s contract with CalPERS provides the Military Service Credit option set forth in Government Code section 21024.

4. Cost of Living Allowance: The City’s contract with CalPERS provides the benefit known as the 2% Cost of Living Allowance Increase as set forth in Government Code section 21329.

5. Retirede Death Benefit: The City’s contract with CalPERS provides the $500 Retired Death benefit as set forth in Government Code section 21620.

6. Two Years Additional Service Credit: The City’s contract with CalPERS provides the Additional Service Credit (Golden Handshake) – Two Years Additional Service Credit as set forth in Government Code section 20903.

7. Two Years Additional Service Credit: The City’s contract with CalPERS provides the Public Service” – Layoff Period – as set forth in Government Code section 21022. (All associated costs are borne by the member electing to purchase the service credit)

8. Post Retirement Survivor Allowance: The City’s contract with CalPERS provides the Post Retirement Survivor Allowance as set forth in Government Code sections 21624, 21626, and 21628.

9. Post Retirement Survivor Allowance to Continue after Remarriage: The City’s contract with CalPERS provides the Post Retirement Survivor Allowance as set forth in Government Code section 21635.

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10. Pre-Retirement Death Benefits to Continue after Remarriage of Survivor: The City’s contract with CalPERS provides the Pre-Retirement Death Benefits to Continue after Remarriage of Survivor as set forth in Government Code sections 21551.

11. Prior Service: The City’s contract with CalPERS provides the prior service benefit as set forth in Government Code section 20055.

Definitions of “New Member” and “Classic Member per the Public Employees’ Pension Reform Act of 2013 – PEPRA
The parties acknowledge that the PEPRA controls over definitions such as “new member” and “classic member” and put their understanding of the definitions in their MOU for informational purposes so that employees understand their retirement benefits.

New Member
Government Code section 7522.04(f) defines “new member” as follows:
(f) "New member" means any of the following:

An individual who becomes a member of any public retirement system for the first time on or after January 1, 2013, and who was not a member of any other public retirement system prior to that date.

An individual who becomes a member of a public retirement system for the first time on or after January 1, 2013, and who was a member of another public retirement system prior to that date, but who was not subject to reciprocity under subdivision (c) of Section 7522.02.

An individual who was an active member in a retirement system and who, after a break in service of more than six months, returned to active membership in that system with a new employer.

Classic Member
CalPERS refers to all members who do not fit the definition of new member as a classic member.

SECTION 3.5 P.E.R.S.:

3.5.1 CalPERS “Classic” Members:

An employee shall be considered a “Classic” member of CalPERS if the employee does not meet the definition of “New” Member, as defined in Section 3.5.2. “Classic” members of CalPERS shall pay both of the following: (1) the nine percent (9%) normal member CalPERS contribution; and (2) one and one-half percent (1.5%) towards the City’s employer CalPERS costs.

The City has contracted with PERS to provide the following benefits to “Classic” members of CalPERS as follows:
§ 20042 “Final compensation”—One Year—Local Member (Determined by "Highest Single Year of Service");
§20636(c)(4) Special reporting of Employer Paid Member Contributions (Until October 18, 2013; thereafter this benefit shall terminate as noted in Section 3.5.1 above, and thus the City will no longer pay any EPMC and will no longer report EPMC as additional compensation for retirement purposes, and the preceding language shall be treated as deleted in its entirety and not made a part of this MOU);
§ 21362 3% at Age 50 Benefit Formula—Local Safety Member DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
§ 21548 Pre-Retirement Option 2W Death Benefit
§ 21573 1959 Survivor Allowance—Third Level);
§ 22892 Employer Contribution (Government Code Medical Contribution for Retirees); and
§ 21624, 21626, 21626.5, and 21628: Post-Retirement Survivor Allowance—Specified State or Local Members.

3.5.2 CalPERS “New” Members:

An employee shall be considered a “New” member of CalPERS if the employee: (1) is hired by the City on or after January 1, 2013 and has never been a member of any public retirement system; or (2) is hired by the City on or after January 1, 2013 and was a member of another public retirement system prior to January 1, 2013 that was not subject to reciprocity; or (3) is hired by the City on or after January 1, 2013 and was a member of CalPERS prior to January 1, 2013 but had a break in service in excess of six months.

Formula for CalPERS New Members: 2.7% at age 57 CalPERS Benefit Formula – Local Safety Members.
.

Mandatory Employee Contribution: CalPERS New Members are required to pay for a portion of the normal cost of the 2.7 percent at 57 retirement formula. This mandatory employee contribution is not a fixed amount. Rather, it will be set by CalPERS based on the following formula. The mandatory employee contribution will be equal to the greater of fifty (50%) percent of the total normal costs attributable to the 2.7 percent at 57 benefit plan, rounded to the nearest quarter of 1 percent, or the current contribution rate of similarly situated employees. The City will inform CalPERS New Members of the actual mandatory employee contribution when CalPERS informs the City of the rate. This mandatory employee contribution will be deducted from the employee’s paycheck.

Pensionable Compensation Limit: As established and adjusted by CalPERS on an annual basis.

Final Compensation Formula: Final Compensation will be determined using the highest three year average of pensionable compensation.

Pre-Retirement Option 2W Death Benefit
1959 Survivor Allowance – Third Level
21624, 21626, 21626.5 and 21628: Post-Retirement Survivor Allowance-Specified State or Local Members.
22892: Employer Contribution (Government Code Medical Contribution for Retirees).

SECTION 3.146 TUITION REIMBURSEMENT:

The City of Corona recognizes the value of an educated workforce and encourages employees to pursue the goal of higher education. This section The City has adopted a plan to provides financial reimbursement to unit members for tuition, e-books and textbooks for job-related college courses. It is a plan wherein the City participates with the employee in financing specific job-related courses leading to a job-related an appropriate degree or certificate. Tuition reimbursement may also be used for non-college level courses that are law enforcement related and need not be subject to pre-approval under Section 3.14.4, or the accreditation standards in Section 3.14.1, below. Employees shallare to use their off-duty hours in the pursuit of higher education.

Subject to satisfaction of all criteria set forth in this Section 3.146, for education plans approved in writing by the City after October 17, 2018, the City shall reimburse Members for the costs described in Section 3.146.2 up to a maximum amount of $2,500 per employee per fiscal year (“Fiscal Year Maximum”) and a lifetime maximum amount of $10,000 per employee (“Lifetime Maximum”). For education plans approved in writing by the City on or before October 17, 2018, the Fiscal Year Maximum and the lLifetime mMaximum shall not apply.

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3.14.1 Pre-Approval:

CPEA Unit members must apply for and receive written approval from their supervisor and Human Resources prior to enrolling in classes at an approved accredited educational institution with full accreditation status granted by an institutional or specialized accrediting body recognized by the U.S.

Department of Education or the Council for Higher Education Accreditation.

3.14.2 Reimbursable Costs:

The costs eligible for reimbursement are limited to tuition and books, e-books required for the course.

The time invested in the pursuit of education is the employee’s responsibility and the City shall not be responsible for any compensation or reimbursement not delineated in this policy. Supplies, optional textbooks, mileage on the employee’s car, parking fees, lab fees, student fees, health fees, all other fees and costs are not reimbursable.

3.14.3 Administration:

This policy will be administered by the Human Resources Department.

A unit membern employee who voluntarily leaves employment with the City of Corona within one year of receiving a reimbursement per this Section under this policy shall be required to repay the City for any reimbursement all amounts received for Tuition Reimbursement during the 12 months preceding the employee’s termination date.

3.14.4 Procedure:

1. Reimbursement will be for formal education completed through an accredited college or university, which leads to a job-related degree or certificate. Prior approval must be obtained by completing the College Tuition & Textbook Reimbursement Request available from the Human Resources Department, and a plan indicating the requisite course work leading to the degree or certificate approved by the educational institution. (The request shallwill be submitted through the employee’s Department Head for recommendation and to the Human Resources Department for approval. The Human Resources Department shall review and pre-approve requests for job relatedness and itshis/her decision shall be final.)

2. Only those employees currently employed will be reimbursed under this policy.

3.2. Subject to the Fiscal Year Maximum and the lLifetime mMaximum, the City will reimburse eligible employees for completion of job related formal education leading to a work-related job related degree or certificate at a rate equivalent to the California State University fee schedule for tuition. The cost of required textbooks will be reimbursed, also subject to the Fiscal Year Maximum and the Lifetime Maximum.

4.3. An employee receiving funds for tuition and books, e-books and non-discretionary fees or materials paid for from other sources, including, but not limited to,: grants, scholarships, and veteran's educational benefits, shall first apply [deduct] the amount of those funds to the amount being reimbursed by the City. Supplies, optional textbooks, parking fees, lab fees, student fees, health fees, and all other fees are not reimbursable under this policy.

5.4. Upon satisfactory completion of the course, the employee must attach an official grade report and relevant receipts/bills to the request and submit it to the Human Resources Department for approval. Reimbursement will be made as soon as practical following receipt to the request in the Finance Department.

6.5. Employees must attain a grade of "C” or better for undergraduate courses and a grade of "B” or better for graduate courses. Those undergraduate courses taken for "credit" will be reimbursed so long as units are accrued at the rate of a "C" grade for undergraduate courses.

Classes where the employee receives a grade of pass or fail will not be reimbursed.

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7.6. City vehicles shall will not be used authorized for transportation to and from courses, unless incidental to the employee’s regular commute. Additionally, there will be no reimbursement for mileage accumulated on an employee’s personal vehicle for transportation to and from these courses.

SECTION 3.7 UNIFORM ALLOWANCE:
(A) The City will pay members a quarterly Uniform Allowance of $860.00. Employees must have worked at least one day during the quarter in which Uniform Allowance is paid and must be on the City payroll (or Annual Leave or Administrative Leave or Workers’ Compensation status) on the day Uniform Allowance is paid in order to receive this benefit. If an employee is on a personal or medical leave of absence that is non- industrial for the entire quarter and does not work during that quarter, the benefit will not be received. Employees who resign, retire, or otherwise terminate employment prior to the date the benefit is paid will not be entitled to a prorated payment. (B) The City will reimburse members for the cost of a ballistic safety vest up to $1,150.00 every five (5) years. Members due a vest replacement will be notified by the Personnel and Training division that they are due for replacement. Members will be given the option of being given a voucher or being reimbursed by receipt for a replacement vest which meets department protection standards.

The department will maintain a list of manufacturers providing the appropriate level vest in the established price range. Any upgrade beyond the approved amount will be the financial responsibility of the member.

SECTION 3.158 FALLEN OR RETIRED OFFICERSSPECIAL PROVISIONS:

The City will provide the surviving family members of any unit memberCorona Police Officerkilled in the line of duty the costs of travel and lodging for attendance at the State Peace Officer Memorial and National Peace Officer Memorial when honored.

The City will provide the family of a unit member who retired fromofficer of the Corona Police Department a six-member honor guard, chosen by the CPEA Board of Directors, and a department vehicle to attend the funeral and/or memorial service of thesaid retired member. Use of department vehicle is limited to services in Southern California.

SECTION 3.16 TAKE HOME VEHICLES:

3.8.1 Take Home Vehicles:

Detectives, as well as Mmembers in the following assignments as well as Detectivesclassifications shall be allowed to take a City vehicle home. under this provision:
▪ Motor Officer
▪ Accident Investigator
▪ Commercial Officer
▪ Traffic Corporal
▪ Detective
▪ School Resource Officer
▪ Canine Officer
▪ An Officer or Corporal assigned to a Task Force
The vehicle is assigned to the member in the particular classification and not to the individual. Therefore, when If a member is no longer assigned to one of the above assignments or is no longer a Detectiveseparates from that classification, they will no longer be provided with access to a take-home vehicle will cease.

The Chief of Police may determine that additional employeesindividuals, or additional classifications (those in assignments not listed above), can have access to a take-home vehicles without gaining a property interest. Use of those vehicles is solely at the discretion of the Chief of Police and the employee’s ability to take them home can be revoked at any time.

Department members authorized to take home vehicles must adhere to the guidelines detailed in Corona Police Policy Manual Section 704 (specifically 704.7) and Section 706, Vehicle Use and Maintenance.

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SECTION 3.17 MEAL PERIOD / CODE 7 TIME
Employees receive a paid meal period (aka “Code Seven” time)within their assigned work shift. By being paid for a meal period, each employee in the unit must be available to respond to any work-related request, emergency or call for service during their meal period.

ARTICLE IV EXTENSION OF PROBATIONARY PERIOD:

SECTION 4.1 – LENGTH OF PROBATIONARY PERIOD:

The initial-hire probationary period for all positions in the bargaining unit shall be one year. Employees on their initial-hire probationary period are at-will employees. If an employee passes their probationary period, they shall become regular employees. If an employee is rejected from probation, they are not entitled to due process to challenge the decision to reject them from probation.

Employees promoted to a higher classification within CPEA shall be subject to another one-year a six-month probationary period. If an employee is rejected from probation having previously passed probation in the classification from which they promoted, they shall be entitled to return to their prior position.

SECTION 4.2 – EXTENSION OF PROBATION:

An employee’s probationary period can be extended for three reasons provided the employee is provided written notice of the extension prior to the original expiration date of their probation:
1) The employee was on a leave of absence without pay for any workdays during probation. The employee’s probationary period shall be extended for the number of workdays the employee was on the leave of absence without pay.
2) The employee was unable to work due to an industrially caused injury or illness. The employee’s probationary period shall be extended for the number of workdays the employee was unable to work due to the industrially caused injury or illness.
3) Based on the discretion of Chief of Police with the approval of the Human Resources Department, the employee’s probationary period may be extended up to six (6) months in three month increments. If this decision is made, the City will inform the probationary employee in writing that their probation has been extended prior to any extension and will inform the employee of the new date upon which their probationary period will end.

The City agrees to modify its one-year probation for members who are on leave without pay during this period. Per Municipal Code Section 2.40.080, the probationary period shall be extended for the number of days that a member is on approved unpaid leave of absence or unable to work due to an on-the-job injury.

Per Municipal Code Section 2.40.080, a six (6) month extension to the probationary period may be granted to an employee at the discretion of the Chief of Police and the Human Resources Department.

ARTICLE V HOLIDAYS:

SECTION 5.1 – HOLIDAYS:

Holidays are established and shall be observed by all officers and employees of the City of Corona as follows:

The following are holidays for employees in the unit:

1. January 1st, , New Year’s Day

2. Third Monday in January, Martin Luther King Day
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3. Third Monday in February, President's Day

4. Last Monday in May, Memorial Day

5. Juneteenth, June 19th

5.6. July 4th, Independence Day

6.7. First Monday in September, Labor Day

7.8. November 11th, Veterans Day

8.9. Fourth Thursday in November, Thanksgiving Day

9.10. Friday immediately after Thanksgiving Day

10.11. December 24th, Christmas Eve

11.12. December 25th, Christmas Day

12.13. December 31st, New Year’s Eve

13.14.Every day appointed by the President, Governor or Mayor as a holiday, with the consent of the City Council, except for every day on which an election is held throughout the State.

For all City holidays, employees will either work (because it is their regularly scheduled workday or because they are working an additional shift) or be off work (because the holiday falls on their regular day off). Employees who are scheduled to work on a City holiday may request the day off and such request is subject to supervisor approval. If approved, the employee must use annual leave to cover the hours they were scheduled to work.

If a holiday falls on a Sunday, the Monday following is the observed day. If a holiday falls on a Saturday, the preceding Friday is the observed day.

The City will account for holiday usage in accordance with thefollowing:

SECTION 5.2 – PAYMENT AND/OR ACCRUAL OF ANNUAL LEAVE FOR CERTAIN HOLIDAYS:

On the holidays listed below, employees will either work (because it is their regularly scheduled workday or because they are working an additional shift) or be off work (because the holiday will fall on their day off or they are using leave for the day). If the employee works on the holiday, they shall receive their regular wages for the day (including any overtime if applicable) and accrue Annual Leave for the number of hours of their regular work shift up to a maximum of ten (10) hours. If an employee does not work on the holiday, they shall accrue Annual Leave for the number of hours of their regular work shift up to a maximum of ten (10) hours.

1. Third Monday in January, Martin Luther King Day

2. Third Monday in February, President's Day

3. Last Monday in May, Memorial Day

4. Juneteenth – June 19

5. First Monday in September, Labor Day

6. November 11th, Veterans Day

7. Friday immediately after Thanksgiving Day

8. Every day appointed by the President, Governor or Mayor as a holiday, with the consent of the City Council, except for every day on which an election is held throughout the State.

For employees who work schedules in excess of ten (10) hours per day, they can use annual leave or accrued compensatory time to be paid for the hours above ten (10) hours on a holiday. Employees without such leave will only be paid for ten hours for the holiday.

A holiday, for pay purposes, is defined to begin at 12:00 am on the day of the holiday and end at 11:59 pm on that same day, and shall be calculated using the actual hours worked on that holiday. If a holiday falls on a regularly scheduled day off, the amount of time will be considered accumulated Annual Leave, to a maximum of ten (10) hours for any one holiday, depending on the employee’s normal work schedule, to be used in accordance with the City’s Annual Leave policy.

For the six holidays listed below, employees shall receive pay for work shifts that begin on a holiday or for work shifts that begin before a holiday (holidays begin at 12:00 a.m. on the day of a holiday) but continue into the holiday, as described below the list of holidays. For all six (6) of these holidays, regardless of whether an employee works any part of the holiday, they shall also accrue Annual Leave for the number of hours of their regular work shift up to a maximum of ten (10) hours.

For employees who work schedules in excess of ten (10) hours per day, they can use annual leave or DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
accrued compensatory time to be paid for the hours above ten (10) hours on a holiday. Employees without such leave will only be paid for ten hours for the holiday.

1. January 1st,, New Year’s Day

2. July 4th, Independence Day

3. Fourth Thursday in November, Thanksgiving Day

4. December 24th, Christmas Eve

5. December 25th, Christmas Day

6. December 31st, New Year’s Eve
A. If an employee’s Member’s regularly scheduled work shift begins on one of these designated holidays listed below, the employeeMember shall be paid time and one-half (1.5) for the hours worked on that entire shift.

B. If an employee’s Member’s regularly scheduled work shift begins before one of these designated holidays listed below, but that same shift continues into the designated holiday, the employeeMember shall be paid time and one-half (1.5) only for the hours worked on that holiday. The hours worked before the holiday begins (at 12:00 a.m.) shall be paid as regular work hours.

C. If an employee Member is notregularly scheduled to work on the holiday, but is called in, agrees to work for another employeeMember, or is held over or otherwise ordered to work a shift that begins on one of the these designated holidays listed below, the employee Member shall be paid double time for the hours worked on that entire shift.

D. If an employeeMember is not regularly scheduled to work on the holiday, but is called in, agrees to work for another employeeMember, or is held over or otherwise ordered to work a shift that begins before one of these designated holidays listed below, but that same shift continues into the designated holiday, the employeeMember shall be paid double time only for the hours worked on that holiday. The hours worked before the holiday begins (at 12:00 a.m.) shall be paid as regular work hours (including any overtime if applicable).

E. Employees on Labor Code § 4850 leave shall be credited with 10 hours of Annual Leave for all holidays that occur while the employee is out on leave.

ARTICLE __ – COMPASSIONATE LEAVE
Compassionate Leave: Paid leave for up to (5) days, not to exceed 40 hours, may shall be granted upon request to a regular employee in the case of death in their family. For the purposes of clarification, family is defined as: spouse, parents (natural, adopted or step), legal guardians, siblings, children (natural, adopted or step), grandparents, grandchildren, current in-laws (brother, sister, mother, father, son, daughter or grandparents).

ARTICLE VI ANNUAL LEAVES:

SECTION 6.1 ANNUAL LEAVE -– ACCRUAL OF ANNUAL LEAVEDEFINITION:

Annual Leave is compensated absence, which replaces former Vacation and Sick Leave plans, for those eligible employees who are absent from duty because of illness, injury, medical or dental care appointments, or personal vacation.

6.1.1 Accrual of Annual Leave Hours:

Full-Time Employees: Each biweekly pay period, prorated Annual Leave hours earned are posted to the account of each eligible employee as follows: based on the hours worked during each pay period.

Association members shall receive three (3) hours of annual leave one time a year on or about the first pay period in August to be deposited into the Association time bank in accordance with section 2.1.

DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
Effective the first full pay period following November 6, 2019, employees shall accrue Annual Leave based on the following formula:

YEARS OF

SERVICE

WITH THE
CITY

ANNUAL ACCRUAL ACCRUAL

PER PAY PERIOD
1-5 210 hrs 8.08
6-8 226 hrs 8.69
9-15 250 hrs 9.62
16 -2019 290 hrs 11.15
210-254 207 hrs 7.97
More than 25+ 187 hrs 7.17
DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
The above chart shall be interpreted as follows: completion of one year of service to completion of five years of service is the first level. Beginning of the sixth year to completion of the eighth year is the second level. Beginning of the ninth year to completion of the fifteenth year is the third level.

Beginning of the sixteenth year to completion of the twentieth year is the fourth level. Beginning of the twenty-first year to completion of the twenty-fifth year is the fifth level. The sixth level starts at the beginning of the employee’s twenty-sixth year.

Annual Leave credits will continue to be added to the employee's account while the employee is on leave

6.1.2 Hours Accumulated During Leave:

Total Annual Leave granted may not exceed the amount posted to an employee's account as of the last day worked preceding leave. Annual Leave credits will continue to be added to the employee's account while the employee is on leave.

SECTION 6.2 – EMPLOYEES ON INITIAL PROBATION
Annual Leave During the First Year:

Probationary employees employed less than one full year shall accrue Probationary Sick Leave, at one-half the rate of Annual Leave accrual for a 1-5 year full time regular employee. Such accrued time may be used only for illness or medical reasons for the member or the member’s immediate family. After six (6) months, an employee may use up to one week of “Advanced Annual Leave” for vacation purposes with the permission of his or her supervisor.

Holiday Leave Hours earned during the first year of employment are available to be used for any purpose.

Notwithstanding the above, upon completion of the probationary period and obtaining status of a fulltime regular employee, an employee shall have credited to his/her Annual Leave account all unused accrued hours at the 1-5 year employee rate.

For probationary employees employed less than one full year they shall accrue Annual Leave as follows:

During their probationary period, they shall accrue Annual Leave as Probationary Sick Leave at one-half the rate of a 1-5 year full time regular employee.

At six (6) months, the probationary employee may request up to one week of “Advanced Annual Leave” for vacation purposes with the permission of their supervisor.

When the employee completes one year of service, the employee will be credited with 210 hours of Annual Leave minus any hours used for Probationary Sick Leave or Advanced Annual Leave used during their probationary period.

If an employee’s probation is extended, even though still on probation, once they are employed for one year they will accrue Annual Leave per the chart above as an employee who has completed one year of service.

6.1.3 Unpaid Leave:

Annual Leave hours are not accrued or earned during periods of unpaid leave.

Maximum Accumulation:

Each year, as of the end of the pay period which includes December 31, an employee shall have no more than a maximum of 624 hours in his or her Annual Leave account.

Accumulated Annual Leave in excess of 624 hours in an employee’s account at the end of the DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
pay period which includes December 31st shall have the regular rate dollar value of excess Annual Leave remaining in the employees Annual Leave bank contributed to the Retirement Healthcare Savings Account of the employee’s choice (either ICMA or Nationwide). The employee must choose a single provider for this benefit.

SECTION 6.3 – USE OF ANNUAL LEAVE:
a. Employees must use at least forty (40) hours of Annual Leave during each calendar year. b. Annual Leave used as Vvacation Leave for 3/12.5 Patrol: Employees schedule Annual Leave for themselves by submitting requests to use their Annual LeaveEmployees assigned to working a 3/12.5 shift in patrol bid the use of annual leave as vacation leave by seniority. according to the existing practices, which consist of There are semi-annual bids and up to two (2) employees in the unit CPE ranks may be off on vacation leave per shift. Once the vacation bid process for these employees is complete, additional requests for time off must be approved by Tthe Chief of Police or designees, whoresponsible for approving Annual Leave being requested in advance (as opposed to it being used for illness and injury where advance notice is not possible) shall determine if the request is operationally feasible (i.e., services can still be provided without the employee) to be granted. Selection Competing requests for of annual leave used as vacation leave following each bid process (i.e., when employees can use Annual Leave for vacation) shall be approved based who submitted the request first. made using a process that is fair to the employees. This can include seniority or some other equitable method. In the event a request is denied, the employee may secure their own replacement and the request shall be approved. c. Employees who use Annual Leave time for illness or injury (i.e., like sick leave) are required to call into their supervisor at least 30 minutes prior to the start of their shift to inform the a supervisor that the employee will not be coming to work that day. If the employee is unable to reach their a supervisor by phone, the employee may contact dispatch who shall create a call and send it to the on-duty sergeants. is required to send a text message or email to the supervisor that they are using Annual Leave as sick. The Chief of Police or designee may require the employee to furnish satisfactory evidence justifying the use of Annual Leave used as sick leave. This may, for example, include a doctor’s note.
a.d. An employee who files a workers’ compensation claim where the question of industrial causation is delayed or the claim is not accepted by the City, may use their Annual Leave for the time they are unable to work because of their injury or illness. If the claim is accepted the employee’s annual leave will be returned to their account. If and an employee exhausts leave per Labor Code section 4850 benefits but remains off work, an employee may supplement their total temporary disability payments with Annual Leave to receive up to 100% of their base salary.
b.e. An employee may not use more Annual Leave than they have accrued on the day prior to its first use. Employees will continue to accrue Annual Leave while the employee is on any paid leave in a pay period, but do not accrue Annual Leave if on an unpaid leave for the entire pay period.

SECTION 6.4 – CASH OUT OR CONVERSION OF THE VALUE OF ANNUAL LEAVE Cash Out/conversion of annual leave is permitted under the three scenarios, below. The cash out or conversion of annual leave as either payment into deferred compensation, retiree health savings plan or taxable cash shall be at the employee’s regular rate of pay, minus the medical insurance opt out/cash back.:There are three situations described below when an employee may have their Annual Leave cashed out or converted to deferred compensation or their Retirement Health Savings Account (RHS) by the City. All Annual Leave cashed out or converted to deferred compensation or RHS in this section will be valued at employees’ base hourly rate of pay for employees in Tiers II, III and IV, and base hourly rate of pay plus the 3% Longevity Pay for employees in Tier I.

DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2

6.4.1 Maximum Accrual of Annual Leave – Conversion above 624 Hours to RHS:

At the end of the last day of the last pay period that ends in each calendar year, if an employee has accrued more than 624 hours of Annual Leave, the Annual Leave hours in excess of 624 hours will be converted to the monetary equivalent at the employee’s regular rate of pay and the employee shall have the following choice:
1) to have the dollar value placed in the Nationwide Retirement Healthcare Savings Account on the employee’s behalf; or
2) to have the dollar value placed in the employee’s deferred compensation account (set up per IRS code section 457) up to the maximum permitted by law. Any employee who chooses this option must advise Human Resources no later than December 1 each year. If the employee does not advise the City of this option by December 1, the value of the excess Annual Leave will be placed in the employee’s RHS account.

For employees who have informed the City that they will be retiring at the end of the calendar year, they will have the option to allow the hours above 624 to be converted to the RHS or have the hours above 624 subject to section 6.4.2.

6.4.2 Separation from the City:

Employees separating from the City have the following options regarding their accrued Annual Leave.

1. Employees can be paid (as taxable wages) for their accrued Annual Leave as described in Section 6.4.

2. Employees may make an irrevocable election prior to the first day of the month of separation to contribute accrued Annual Leave to the employee’s account provided under the City’s 457(b) deferred compensation plan. Contributions of Annual Leave to the 457(b) plan may not cause the employee to exceed the maximum annual deferral limitation for the year in which the contribution is made. If an employee chooses this option, any accrued Annual Leave that exceeds the maximum annual deferral limitations will be paid to the employee as a taxable cash payment.

3. Employees may also receive any amount of the value of their accrued Annual Leave as taxable cash with the remainder going into their deferred compensation account, up the maximum amount permitted under the IRS Code.

6.4.3 Annual Leave Cash Out:

For Fiscal Year 21-22 employees will be able to cash out leave as provided for in the parties’ prior MOU. For the period of July 1, 2022 through December 31, 2022, employees may cash out Annual Leave that will be earned between July 1, 2022 and December 31, 2022. The employee can elect to receive the cash out one week after the pay day for the pay period that includes December 1.

On or before the pay period which includes December 15 (the first year being 2022) of each calendar year, an employee may make an irrevocable election to cash out Annual Leave that will be earned in the following calendar year. The employee can elect to receive the cash out in the one week after the pay day for the pay period that includes December 15th.

In addition to the above, starting in calendar year 2023, an employee who has an “unforeseen emergency” (defined as an unanticipated emergency that is caused by an event beyond the control of the employee and that would result in severe financial hardship to the employee if early withdrawal were not permitted) shall be entitled to make a request to the Chief Talent Officer for a payoff of DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
accrued flex leave. The amount of Annual Leave which may be cashed out is limited to the amount necessary to meet the emergency. If there is an unforeseen emergency, an employee can cash out Annual Leave earlier in the year than described above.

6.4.3 Annual Leave Usage:

Employees must use at least 40 hours of Annual Leave during each calendar year. Department heads are responsible for arranging leave schedules so that adequate personnel are available to carry on necessary City work. When practicable, employees should be permitted to schedule Annual Leave at times most acceptable to the employee. In large departments the choice of vacation times should be arranged according to seniority or some other equitable method.

Employees desiring to use Annual Leave time, which has not been previously scheduled, for illness or family emergency, shall report to their department to obtain authorization for the absence. The department head or designate may require the employee to furnish satisfactory evidence justifying any such request.

Medical examination by the City's examining physician may be requested by the department head, with the approval of the Human Resources Department after prolonged, serious, or repetitious illness, injury, or major surgery. An employee's return to duty following illness or injury is subject to the approval of the Human Resources Department based on medical information supplied by the employee's physician and/or the City's examining physician.

6.4.4 Annual Leave - Workers' Compensation:

In the event that an employee files a Workers’ Compensation claim that is in dispute and not accepted, that employee may access their available Annual Leave for the time they are disabled from duty.

In the event that the LC 4850 time is exhausted in an accepted Workers’ Compensation claim, the disabled employee may use their available Annual Leave or Sick Leave to supplement the Total Temporary Disability payments made according to the Labor Code.

6.4.5 Separation:

Employees separating from the City service shall receive payment for 100% of accrued Annual Leave.

Alternatively, an employee separating from City service for any reason (including retirement) may make an irrevocable advance election before the first day of the month of separation to contribute accrued Annual Leave remaining at separation to the employee’s account provided under the City’s 457(b) deferred compensation plan. Contributions of Annual Leave to the 457(b) plan may not cause the employee to exceed the maximum annual deferral limitation for the year in which the contribution is made, which amount is established each year by the Internal Revenue Service. If an employee elects to contribute Annual Leave to the 457(b) plan, any Annual Leave that exceeds the maximum annual deferral limitations will be paid to the employee as a taxable cash payment.

6.4.6 Pay in Lieu of Annual Leave (Buy-Back):

Buy-Back Guidelines:

Members may make an advance irrevocable election each year to buy back Annual Leave that will be accrued in the following 12 month period (commencing with the first full pay period of the fiscal year and ending with the last full pay period of that fiscal year) (“Buy-Back Period”) by submitting an Annual Leave Buy-Back Request form during the last 15 days of June. Annual Leave buy back payments will be calculated at the Association member’s regular rate as of the last full pay period of the Buy-Back Period. Frozen Sick Leave accounts are not available for buy-back.

DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
Upon the employee’s submission of an Annual Leave Buy-Back Request, the City will buy back Annual Leave after the close of the Buy-Back Period from the employee’s account subject to the following criteria:

Annual Leave Used Min. Annual Maximum
During The
Buy-Back Period
Leave Remaining
After Buy-Back
Buy-Back
DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
40 Hours 80 Hours 120 Hours
60 Hours 80 Hours 140 Hours
80 Hours 80 Hours 160 Hours
Note: If an employee is out on extended Military Leave, the City will buy back up to 160 hours without the usual requirement that the employee have used Annual Leave hours during the BuyBack Period.Payment shall be made on the Friday after the pay day for the first full pay period of the Buy- Back Period. If an employee does not meet the requirements for a buy-back as outlined above as of the end of the Buy-Back Period, no buy-back payment will be made, provided that an employee meeting the requirements for a lower buy-back amount than elected by the employee will have his or her election automatically adjusted and will receive the corresponding lower buy-back payment. For example, if an employee submits an Annual Leave Buy-BackRequest to buy back 140 hours of Annual Leave, but has only used 40 hours of Annual Leave during the Buy-Back Period, the employee’s election will be automatically adjusted to request a buy- back of 120 hours. Employees may not elect to buy back Annual Leave that has accrued during a previous Buy-Back Period. Employees must submit a new Annual Leave BuyBack Request for each Buy-Back Period and failure to submit an Annual Leave Buy-Back Request will result in the employee being prohibited from buying back Annual Leave for that BuyBackPeriod.

6.4.7 Annual Leave Accrual Rates for Holidays:

Unit members who work on holidays are compensated for the holiday at their rate of pay per Article IX Overtime Section 9.1 Time and One Half and will accrue Annual Leave equal to the number of hours according to their schedule.

Unit members who do not work on holidays are compensated for holidays at their current rate of pay, but do not accrue Annual Leave hours.

6.4.4 Donating Annual Leave
Employees may donate annual leave to their fellow employees per requirements of the City’s Voluntary Donation of Annual Leave Policy.

SECTION 6.2 FROZEN SICK LEAVE (FORMER SICK LEAVE ACCOUNTS):

The following guidelines apply to Association members who have Frozen Sick Leave account balances:

6.2.1 Frozen Sick Leave – Definition:

Frozen Sick Leave is former Sick Leave account balances that have been frozen and held in a separate account, called "Frozen Sick Leave." Frozen Sick Leave is not to be added to active Annual Leave, but is held constant until retirement.

6.2.2 Use of Frozen Sick Leave Hours:

Any time off based on a verified “on-the-job” injury shall be an eligible use of the Frozen Sick Leave account irrespective of the number of hours of accrued Annual Leave that the injured employee has.

In the case of illness, an employee may use their Frozen Sick Leave under any of the following provisions:
a. The Unit member’s Annual Leave balance is reduced to eighty (80) hours or less; or b. The Unit member has been off “sick” for more than four (4) consecutive workdays or DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
forty (40) hours, and has a written confirmation from the Unit member’s physician. The Unit member shall be eligible to use their Frozen Sick Leave account for those days beyond the fourth (4th) consecutive work day (or 40 hours) the employee misses from work irrespective of the number of hours of Accrued Annual leave that the employee has. If the Unit member has used a total of seventy-five (75) hours of Annual Leave within the preceding 12-month period and has obtained written confirmation from the Unit member’s physician of an illness, Frozen Sick Leave may also be used for the first four days.

6.2.3 Frozen Sick Leave - Leave Donation:

Frozen Sick Leave may not be used to donate hours to other City employees.

6.2.4 Frozen Sick Leave at Retirement:

Members who retire, retire due to disability, or are deceased prior to retirement, after a minimum of fifteen (15) years of regular employment, will be paid three percent (3%) of their unused Frozen Sick Leave for each year of service. Payment shall be calculated at the employee's hourly rate in effect at the time of separation. Under no circumstances shall the amount paid exceed the value of the total unused Frozen Sick Leave balance in the employee’s account.

Members who retire, retire due to disability, or are deceased prior to retirement after a minimum of 25 (twenty-five) years of regular employment shall be paid 100% of their unused Frozen Sick Leave effective Payroll 1, 2004. Payment shall be calculated at the employee's hourly rate in effect at the time of separation.

6.4.5 Using Leave Prior to Retirement
An employee who has informed the City of their retirement has the option of cash payment or to delay the of date of their retirement by up to a maximum of two months (i.e., they can use up to two months of their Annual Leave) and cash out any remaining accrued Annual Leave.as the method of receiving unused Annual Leave and/or Frozen Sick Leave.

SECTION 6.3 FAMILY MEDICAL LEAVE ACT:

Employees seeking leave for birth, adoption, and family care, medical care of family members, disability or other medical or personal reasons are advised to check with Human Resources for an explanation of their rights under the federal Family Medical Leave Act (FMLA), the California Family Rights Act of 1991.

ARTICLE VII NO SMOKING OR VAPINGOR USE OF TOBACCO
PRODUCTSPOLICY:

Employees are prohibited from to using tobacco products (including e-cigarettes or vaping) or smoking cigars tobacco products or vaping on duty or in City facilities and vehicles at any time. The City and CPEA agree to the implementation of a "No Smoking" policy, which shall prohibit members from smoking within City facilities and/or vehicles per City of Corona Municipal Code Chapter8.02.

ARTICLE VIII NO STRIKE/CONCERTED ACTIVITIES CLAUSE:

The parties to this MOU recognize their mutual responsibility to provide the citizens uninterrupted public safety services.

During the term of the MOU, no employee of the Unit shall engage in any form of concerted action to withhold service from the City.

A strike is never permitted since members of the unit are not permitted to strike per the law.

DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
During the life of this MOU, CPEA will not cause, authorize, advisce, or encourage the interruption of work. The term "interruption of work" shall mean any concerted work stoppage or strike.

ARTICLE IX WORK SCHEDULES AND OVERTIME:

SECTION 9.1 THE DEFINED FLSA WORK PERIOD:

The City has adopted the 28-day work period in in accordance with Section 7(k) of the Fair Labor Standards Act (FLSA). Notwithstanding the City’s adoption of this work period (which is adopted to set forth the City’s obligation under the FLSA), the City pays overtime per the provisions of this Article of the MOU.

SECTION 9.2 WORK SCHEDULES:

With the exception of employees in Field Operations, Employees in the CPEA shall work a 4/10 work schedule, except employees assigned to . For employees who work in Field Operations (“i.e., Patrol, who which ) they shall work a 3/12.5 work schedule and employees who are assigned to work as School Resource Officers who shall work a 5/8 schedule.

A 5/8 schedule shall consist of five consecutive work days of eight consecutive hours each (inclusive of a paid 45-minute meal period and paid breaks). This schedule may be modified to a 4/10 during times of school closure.

A 4/10 work schedule consists of a weekly work schedule of four (4) consecutive workdays of 10 consecutive hours each, inclusive of a paid 45-minute meal period and paid breaks.

Employees assigned to a 3/12.5 work schedule shall work three consecutive 12.5 hour shifts (on three consecutive days) of 12.5 consecutive hours each (inclusive of a paid 45-minute meal period and paid breaks) each week and, during each of the four calendar weeks of a 28-day FLSA work period. In addition, the employee shall work one additional shift of ten (10) consecutive hours (inclusive of a paid 45-minute meal period and paid breaks) during the same work period that is adjacent to one of the employee’s first or last “Monday” or “Friday” shifts. This will ensure that these employees are scheduled to work 160 hours (an average of 40 hours per week) during the 28-day work period.

The ten (10) hour shift will be bid by each member during the shift bid process for each six-month shift rotation.

If an employee does not work their ten (10) hours shift for any reason, they will need to use leave (i.e., Annual Leave or CTO) to cover the shift.

Even though employees scheduled to work a 3/12.5 will be scheduled to work 75 hours in one pay period and 85 hours in the other pay period, they will receive 80 hours per pay period for their regularly scheduled hours.

If the Chief of Police determines that Field Operations should go back to a 4/10 work schedule, the parties shall meet and confer over that decision. However, if the Chief of Police determines that based on an emergency (which shall be articulated) there is a need to suspend the 3/12.5 work schedule, employees will be provided with a minimum of two pay periods’ notice SECTION 9.31 CALCULATION OF OVERTIME TIME AND ONE-HALF AND DOUBLE TIME:

There are two types of overtime provided by the City. 1) Overtime paid for hours actually worked in excess 40 hours in a workweek, and 2) Overtime paid when an employee’s actual hours worked are less than 40 hours in a workweek, but their use of paid leave in the same workweek results in them being in paid status for more than 40 hours in the workweek. For example, an employee who uses two shifts of Annual Leave in the workweek and works one additional shift not on a DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
regularly scheduled workday in the same workweek.

Overtime earned for actually working more than 40 hours in a week shall be paid at the regular rate of pay as defined by the Fair Labor Standards Act (FLSA).

Overtime earned when an employee’s hours worked are less than 40 hours in a workweek, but their use of paid leave in the same workweek results in them being in paid status for more than 40 hours in the workweek, is calculated in the same manner as overtime earned for actually working more than 40 hours in a week, except that the rate at which it is calculated does not include any dollars an employee may receive from opting out of health insurance.

Notwithstanding the parties’ agreement to pay overtime in excess of the requirements of the FLSA, the parties agree that the City has adopted the 28-day FLSA work period in accordance with section 7(k) of the FLSA. This means that actual FLSA overtime is owed for actual hours worked in excess of 171 in the 28-day FLSA work period. The parties agree that the above agreement in which overtime is paid exceeds the requirements of the FLSA.

The regular rate of pay is determined by dividing the employee’s total remuneration earned each week by 40. The MOU overtime rate is determined by dividing the employee’s total remuneration earned each week by 40, but does not include any sums an employee may receive for opting out of health insurance.

Time and one-half will be paid for overtime authorized whenever an officer works any time over 40 hours per week including replacement due to Probationary Sick Leave, scheduled Annual Leave, special assignments, call-back, court time, or any other time in which an officer is authorized to work in addition to his/her regularly scheduled shift. Annual Leave, Probationary Sick Leave, and holiday leaves are considered hours worked for purposes of overtime computation. Time and one- half and double time will also be paid on those six (6) holidays provided for in Article V of this MOU.

SECTION 9.42 "COMPENSATORY TIME":

9.4.1 Earning Compensatory Time Off:

Employees working overtime shall receive either pay or compensatory time off (CTO), at the employee’s option. Employees can request to receive either overtime pay or accrue compensatory time off. Employees can accumulate up to 480 hours of compensatory time. Since CTO is earned at 1.5 hours for each hour of overtime worked, 480 hours of CTO equates to 320 hours of overtime worked. Once an employee has 480 hours of accumulated CTO, they cannot accumulate any additional CTO until their bank is below 480 hours. Any overtime worked when an employee has 480 hours of accumulated CTO will be paid to the employee, not banked as CTOshall be paid in cash at the applicable overtime rate.

9.4.2 Using Compensatory Time Off:

An employee wishing to use their accumulated CTO must provide reasonable notice (i.e., 10 days) to their supervisor. If reasonable notice is provided, the request will only be denied if the request is unduly disruptive to the operations of the employee’s department. The requirement to backfill at overtime rates is not considered “unduly disruptive”.Reasonable notice is defined as at least two calendar weeks. The first two (2) employees per shift shall be permitted to use CTO and the Department shall secure a replacement. Any other employees will be required to secure their own replacement. If an employee wishes to use compensatory time without providing reasonable notice, the decision to grant or deny that request will be at the discretion of the employee’s supervisor.

9.4.3 Cashing Out Compensatory Time Off:

Employees may, at their option, be paid for their compensatory time off. Payment when requested under this section shall be at the employee’s regular rate of pay in effect at the time the request is made.

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On or before the beginning of the pay period which includes December 15 of each calendar year, an employee may make an irrevocable election to cash out (in between the regular pay days in November) up to 160 hours of accrued compensatory time off (up to 160 hours) which will be earned in the following calendar year. The payout shall be between the first two regular pay days in November. If the employee’s compensatory time off leave balance (in between the regular pay days in November) is less than (the balance of) the total amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of leave the employee has accrued at the time of the cash out. Compensatory time off which is cashed out will be paid at the employee’s regular rate of pay.

Employees will be cashed out of any accumulated when they leave employment with the City, or if they are promoted into a classification in the City that does not have CTO.

Members of the unit may elect, in lieu of overtime payment, to receive compensatory time off (CTO).

CTO will be calculated by the Finance Department at the applicable rate of one and one half hours, or two hours for each hour for which overtime compensation is required.

Unit members may accrue up to 480 hours of CTO (320 hours actually worked), at which time they will receive overtime compensation for any additional hours of work beyond the allowedaccrual.

If compensation is paid to a Unit member for accrued compensatory time off, such compensation shall be paid at the regular rate earned by the employee at the time the employee receives the payment. A member of the Unit may, at his/her election, buy back a maximum of 160 hours of accrued compensatory time on a designated date in November of each year. No minimum amount of hours shall be required to remain in the CTO bank.

A member of the Unit who has accrued CTO authorized to be provided shall, upon termination of employment, be paid for the unused CTO at the regular rate earned by the employee at the time the employee receives the payment.

A member of the Unit who has requested use of CTO shall be permitted to use such time within the same guidelines used for other approved leaves and/or absences by the department with the exception that a request for leave shall be made at least five days prior to the days to be used.

Members may also elect to convert Court Assignment pay to compensatory time as stipulated in Section 11.2 of this MOU.

SECTION 9.5 CLOTHES CHANGING AND BRIEFINGS:

Clothes changing - Time spent in changing clothes before or after a shift is not hours worked and is not compensable. The parties recognize that such time is not compensable because employees have the option per Department Policy to don and doff their uniform and protective gear at home whether they do so or not.

Briefings begin 15 minutes after the start of shift, to permit employees to prepare their assigned vehicles and equipment.

SECTION 9.6 – ACCURATELY REPORTING TIME WORKED
Employees are required to accurately report all time worked on their time sheets. Employees may not work any time in addition to their regular work hours before or after work without first receiving approval in advance from their supervisor. Thus, all overtime requires advanced approval. In addition, since no supervisor is permitted to require an employee to work overtime without it being reported on their time sheet, if an employee works such time it will be recorded.

Unit members shall record hours worked in one-quarter (1/4) of an hour increments of time. This is illustrated by the following:

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0-7 Minutes = No additional time should be recorded
8-22 Minutes = one quarter of an hour
23-37 Minutes = one-half of an hour
38-52 Minutes = three quarters of an hour
53 Minutes – 1 hour and 7 Minutes = one-hour
For example, if an employee whose work schedule is 7:30 a.m. to 5:30 p.m. works until 5:38 p.m., they would record 10.25 hours for the day.

ARTICLE X COMPENSATIONSALARY:

SECTION 10.1 BASE RATE SCHEDULE:

Effective the beginning of the pay period following City Council approval of this MOU, the City agrees to increase the base rate of pay for each member of the bargaining unit 3.24%.

Effective the beginning of the pay period following January 1, 2023, the City agrees to increase the base rate of pay for each member of the bargaining unit 3.24%.

Effective the beginning of the pay period following January 1, 2024, the City agrees to increase the base rate of pay for each member of the bargaining unit 2.50%.

Each classificationposition shall be assigned a salary range. An employee may advance annually within the salary range. An employee whose received an overall performance rating isof “Satisfactory“ or better from his/her supervisor shall be advanced one or more steps a minimum of 5% up to the top of the classification’s range. An employee who does not receive an evaluation within thirty (30) days of the date the evaluation is due will receive their merit step increase effective the pay period including the employee’s performance evaluation date regardless of the evaluation rating on an evaluation if received after that date. If the evaluation is provided within thirty (30) days of the employee’s performance evaluation date, and if it is “Satisfactory” or better, the merit increase will be effective the pay period including the employee’s performance evaluation date. If the overall performance evaluation rating on a timely-provided evaluation is less than “Satisfactory”, the employee will not receive a merit increase.

Effective for employees promoted after City Council approval of this 2022-2024 MOU, an employee who is promoted within or out of the bargaining unit to a classification with a higher top of salary range, upon promotion, their performance evaluation date (i.e., the date they may be eligible for a merit increase) shall change to the effective date of the promotion.

Effective the first full pay period following October 17, 2018, the base rate of pay for all Members shall be increased by approximately one percent (1.0%) by moving each employee’s base pay two steps up on the City’s salary grid. The salary ranges for all positions in the CPEA will be updated accordingly in the City’s Position Library and Compensation Plan.

Effective the first full pay period following July 1, 2019, the base rate of pay for all Members shall be increased by approximately one percent (1.0%) by moving each employee’s base pay two (2) steps up on the City’s salary grid. The salary ranges for all positions in the CPEA will be updated accordingly in the City’s Position Library and Compensation Plan.

To ensure that the bottom step of the salary range for Detectives will be two and one-half percent (2.5%) greater than the top step of the salary range for Corporals, effective the first full pay period following October 17, 2018, the base rate of pay for Detectives shall be increased by approximately one-half of one percent (0.5%) by moving the base pay for Detectives one (1) step up on the City’s salary grid. The salary ranges for Detectives will be updated accordingly in the City’s Position Library and Compensation Plan.

Effective the first full pay period following November 6, 2019, the top step of the salary range for all DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
positions in the CPEA shall be increased by approximately five percent (5%) by moving the maximum step for each position ten (10) steps up on the City’s salary grid. The salary ranges for all positions in the CPEA will be updated accordingly in the City’s Position Library and Compensation Plan.

Effective the first full pay period following November 6, 2019, the base pay for all CPEA Members who have been at the top step of the salary range for their position since November 6, 2018 or earlier shall be increased by five percent (5%) by moving the employee’s base pay ten (10) steps up on the City’s salary grid. All other CPEA Members who are not currently at the top step of the salary range for their position or who were advanced to the top step of the salary range after November 6, 2018 may advance annually within the salary range provided the employee receives an overall performance rating of “satisfactory” or better from his/her supervisor in accordance with this Section

10.1. SECTION 10.2 COMPARABLE CITIES/BENCHMARK
Historically, adjustments have been made with the intent of keeping CPEA's total compensation at a position equal to, but not more than, the average total compensation of the top two comparable cities.

The purpose of these adjustments has been to ensure that members of the Unit retain a competitive position in the labor market. It continues to be the goal of the City and the CPEA that its police officers receive a competitive level of total compensation. However, any adjustments based on the results of the comparable city survey must be agreed to by both parties.

Accordingly, the City and the CPEA agree to meet and collect total compensation data within 60 days prior to the end of this agreement. The City and CPEA agree that total compensation shall consist of the following categories: top step base salary, Employee pickup of retirement costs, and wages, any social security (FICA) benefits (including Medicare) which would normally be the responsibility of the employee, retirement benefits, maximum City contribution to health care premiums (including medical, dental, optical, and lifeor other), reimbursement programs for medical expenses, City-paid deferred compensation amounts paid by the City, insurance premiums, holidays, uniform allowances, educational incentives at the Bachelor’s Degree level, Advanced POST certificate pay (include lower levels if stacked), bilingual pay, longevity payments for 10 years of service., and any other payments made by the City which may be agreed to at a later date by the City and CPEA.

Those cities surveyed shall be: Chino, Colton, Fontana, Ontario, Redlands, Riverside, San Bernardino, and Upland. It is further agreed that the data collected from the eight comparable cities be based upon an employee with over five (5) years of service, and that the comparisons between the City and comparable cities shall be maximum amounts, in each enumerated category, available to either group of employees. The City and CPEA agree to meet and confer over the results of the survey.

SECTION 10.23 PROMOTIONS:

An employee who is promoted (moved to a classification with a salary range whose top step is higher than the top step of the employee’s current classification) will, upon promotion, be placed at a step (which may be the “A” step or higher) in the salary range of the new classification. The step shall result in an which provides an increase of at least five percent (5%) to the employee’s overall total compensation.

In determining whether the employee has received at least a five percent (5%) increase, the City will include the employee’s base pay plus pays the employee has been receiving in the classification from which they promoted that are set forth in Section 11.1 (as well as any additional assignment pays to which the parties agree) with the following exceptions:

D. Field Training Officer, F. Investigative Unit assignments that are not continuous and are one year or less in duration, and any temporary assignment pay for duties that are not continuous and are under one year in duration. It is agreed that all promotions are intended to increase promoted employee’s salary into the “A” step of the new salary range. The City agrees that all promotions in rank shall result in an increase of five percent (5%) in the new salary range over the employee’s previous salary range which includes base salary plus special compensation.

Special compensation, for purposes of promotional salary increases, will be defined as those DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
assignments listed in Article XI SPECIAL COMPENSATION, Section 11.1 with the exclusion of: D. Field Training Officer, and F. Investigative Unit assignments that are not continuous and are one year or less in duration.

In no case will the employee’s salary step placementpay rate exceed the top step of the new classification’s position pay salary range. Temporary assignment pay for duties that are not continuous and are under one year in duration and other special compensation not stipulated above will not be included as part of this calculation.

An employee who is promoted within or out of the bargaining unit to a classification with a higher top of salary range, upon promotion, their performance evaluation date (i.e., the date they may be eligible for a merit increase) shall NOT change, and shall continue to be based on the employee’s hire date.

SECTION 10.34 POLICE OFFICER I TO POLICE OFFICER II PROMOTIONS:

Notwithstanding stipulations listed in Article X, Section 10.3 Promotions, the City agrees that officers, who hold status as a Police Officer I, after successfully completing identified skill competencies, will be promoted to a Police Officer II position. The City, in consultation with the Police Chief, will authorize an additional 5% salary increase, for those officers who promote from a Police Officer I to a Police Officer II position which would result in an overall salary increase of 10%.

This section of the MOU sunsets on the first of the pay period following City Council approval of the MOU At that time, employees who are at the Police Officer I classification who are being moved to the Police Officer classification will go to the step in the Police Officer range that is closest to, but not less than their current base salary, and will not have their anniversary date changed.

SECTION 10.5 DEFINITION OF RATES OF PAY
As used herein, when “base pay” or “base rate” is used, it shall refer to the employee’s base salary only.

As used herein, when “regular rate” or “regular rate of pay” is used it shall refer to the product of the employee’s FLSA recognized elements of pay (i.e., weekly base pay, longevity pay, education pay, POST pay, assignment pay(s), uniform allowance, shooting incentive, Medical opt-out/cash back, and bilingual pay) divided by the employee’s regularly scheduled hours each week (i.e., 40 hours).

ARTICLE XI ADDITIONALSPECIAL COMPENSATION:

SECTION 11.1 HAZARD AND ASSIGNMENT PAY:

The Chief of Police has the shall have full authority and discretion to assign employeesmembers to the below listed assignments. If the Chief of Police creates any additional assignments during the term of this MOU, the Association agrees that if they have any impacts over the creation of the assignment, it will identify them promptly so that the assignment can be promptly filled. The City shall agrees to pay such employees an additional five percent (5%) of above base pay to nonprobationary Police Officer I’s, II’s, Detectives, and Corporals for being assigned to these assignmentsworking in the following capacities as designated by the Chief of Police.

A. Any member employee assigned to a task force or team comprised of personnel from multiple agencies
B. Canine Officer, Canine Detective (See Section 11.7 re pay for off-duty activities) C. Domestic Violence Response Team
D. Field Training Officer /Corporal
E. Special Enforcement FLEX Team Officer / Corporal
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F. Investigative Unit (Police Officers I and II who are temporarily assigned to the Employees in the classification of Police Officer classifications assigned to the Investigative Services Division (ISD) as well as within the Detective Bureau or assigned to a Task Force) and employees in the classifications of Police Officers or Police Corporals any classification assigned to in ISD assignments outside of the detective bureau.

F.G. Motor Officer, Accident Investigator, Commercial Enforcement Officer, or Corporal in the Traffic Division (understood to be “hazard pay”). Employees Motor Officers are not expected to perform any work related to their Motor while off duty.

G.H. School Resources Officer
H.I. Personnel and Training Officer / Corporal
I.J. Professional Standards Unit Detective
K. Youth Diversion Team Detective
L. H.O.P.E. Team (Homeless Outreach & Psychological Evaluation) M. Tactical Flight Officer
The City agrees to pay an additional five percent (5%) of above base pay to non-probationary Detectives working as a in the following capacityA. Senior Detective. To become a Senior Detective an employee must work for five (5) years as a Detective and meet competency standards as determined by the Chief of Police. Employees who have been a detective for 5 years shall be deemed a “Senior Detective”.

Any employees assigned to an assignment as set forth in A-M above, (excluding Senior Detective) following January 1, 2022, shall only be eligible to receive one five percent (5%) assignment pay.

This does not apply to employees who were receiving more than one five percent (5%) assignment pay prior to January 1, 2022.

SECTION 11.2 COURT ASSIGNMENT PAY:

Employees who are required to appear in court appear and/or testify in connection with work-related matters The City shall provide to each member who is required to attend court, outside of their scheduled work hours, (pursuant to a lawful subpoena relating to events occurring during the course and scope of theirhis or her employment), shall receive overtime compensation , in either cash or compensatory time off at the employee’s option for time spent in attendance. , with Employees shall for the actual time of their appearance, with a receive a minimum compensation payment of four (4) hours of overtime. E and employees may choose to be paid or bank the hours as compensatory time off receive CTO. For the purpose of this section aA member is considered in attendance when they arehe or she is en route to court. EmployeesOfficers will be paid based on actual travel time to any courthouse from their residence, as long as the travel time does not exceed what would be travel time from the station to the court in which they attend. For example, travel time from the station to Riverside Court is 30 minutes.

When, prior to leaving for court, an employee member contacts (or is contacted by) the district attorney, the subpoena clerk, or police department supervision, and theirhis/her immediate attendance in court is not requested; they he or she can be put on "stand-by" and their time off is restricted. The member will be compensated two hours of straight time for the morning. Should the condition continue into the afternoon, the member will be compensated another two hours straight time for the afternoon. Members may elect, in lieu of stand-by pay, to receive compensatory time off (CTO). If an employee on standby reports to court prior to the start of their shift and the time in court continues into the start of the employee’s shift, the employee shall be paid for the actual time in court (plus travel) at time and one half.

If the employee is called to court in the morning/afternoon, they shall receive the four-hour minimum as described in the paragraph above and shall not receive court standby for the morning/afternoon.

Standby pay for the morning/afternoon will only be paid if the employee does not need to report to court in the morning/afternoon. An employee on standby for the morning court session and who is DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
subsequently called to court during the afternoon session, shall receive standby pay (2 hrs.) for the morning session and court appearance pay for the afternoon session. This would apply equally for an employee who appears in court in the morning and is told to remain on standby for the afternoon session. Court assignment pay will not be added to or replace compensation for scheduled work shifts. There will be no overlapping payment for court assignment hours when working a scheduled work shift.

SECTION 11.3 LONGEVITY PAY:

In recognition of an employee’sUnit member’s length of full-time service to the City of Corona, effective the first full pay period following November 6, 2019, an annual payment will be paid to employeesmembers who qualify under the following schedule will receive one twenty-sixth (1/26th) of the following amounts paid biweekly as part of the regular payroll, as of September 1, of each year:

Police Officer I:

After five (5) years of service: $2,320.00
After ten (10) years of service: $3,720.00
After fifteen (15) years of service: $5,120.00
After twenty (20) years of service: $5,290.00
After twenty-five (25) years of service: $6,183.00
Police Officer II:
▪ After five (5) years of service: $2,320.00
▪ After ten (10) years of service: $3,720.00
▪ After fifteen (15) years of service: $5,120.00
▪ After twenty (20) years of service: $5,645.00
▪ After twenty-five (25) years of service: $6,627.00
Corporal:
▪ After five (5) years of service: $2,320.00
▪ After ten (10) years of service: $3,720.00
▪ After fifteen (15) years of service: $5,120.00
▪ After twenty (20) years of service: $5,846.00
▪ After twenty-five (25) years of service: $6,877.00
Detective:
▪ After five (5) years of service: $2,320.00
▪ After ten (10) years of service: $3,720.00
▪ After fifteen (15) years of service: $5,120.00
▪ After twenty (20) years of service: $5,950.00
▪ After twenty-five (25) years of service: $7,008.00
Years of full-time service are measured as of September 1 of each year.

It is agreed that Longevity Pay at the five-year level shall be included within the formula utilized for the purposes of calculating total compensation.

Payment shall be made on a non-regular payroll day, when feasible, during the first half of the month of September and in all cases prior to the end of September.

SECTION 11.4 MARKSMANSHIP PROFICIENCY PAY:

Employees shall be paid The City will pay police employee members $16.15105.00 per pay periodquarter, supplemental pay, for meeting the marksmanship proficiency standards established by the police department. A list will be providedto the HumanResources Department each quarterlisting DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
those employeesunit members failing to meet the standards required to receive this benefit.

Employees must have worked at least one day during the pay periodquarter during which the marksmanship proficiency pay is to be issued (or were on Annual Leave, or Administrative Leave or workers’ compensation leavestatus) to in order to receive the paybenefit. If an employee, due to an accepted industrial injury, an employee is unable to participate in the marksmanship proficiency testing, an extension of up to twenty-sixfour (264) pay periodsquarters, to include the first pay periodquarter in which the employeean officer is unable to test, will be granted. Once an extension has been approved the employee will continue to receive the marksmanship proficiency pay until such time they are returned to duty and are able to test or the 26 pay period four (4) quarter extension has been exhausted. Once the 26 pay period four (4) quarter extension is exhausted, the employee will be required to test only if medically able or will not be eligible to receive the supplemental pay.

Beginning as of December 2009, the fourth (4th) Quarter, in which marksmanship proficiency pay will be issued for the year, eEmployees unable to test due to an industrial injury are eligible to request a 26 pay period four (4) quarter extension. Employees who separate fromresign, retire, or otherwise terminate employment prior to the date the benefit is paid each pay period will not be entitled to a prorated payment.

SECTION 11.5 P.O.S.T. CERTIFICATE PAY:

Employees shall receive the following for earning a certificate from the Commission on Peace Officers Standards and Training (POST)

1. Three percent (3%) of base pay for earning an Intermediate POST Certificate;

2. Eight percent (8%) of base pay for earning an Advanced POST Certificate.

3. The two POST certificates pay are not cumulative and the employee shall receive the highest pay for which they are qualified. . An employee earning an Advanced POST will receive eight percent (8%) and not any additional compensation for first having earned an Intermediate POST Certificate.

The City will provide an increase of 5% (five percent) of base pay for those members who earn a P.O.S.T. Advance Certificate.

The City will provide an increase of 3% (three percent) of base pay for those members who earn a P.O.S.T. Intermediate Certificate.

SECTION 11.6 BILINGUALSPANISH LANGUAGE PAY:

The City shall pay four percent (4%) of base pay to employees who approved to receive bilingual pay. The Spanish language pay program provides an increase of 4.0% for those To receive this pay, employees must members demonstrateing the ability to both understand and effectively communicate in Spanish or American Sign or another language other than English that the Police Chief deems appropriate. that the City Manager has determined is necessary for the effective or efficient operation of the City Spanish. The City maintains the right to determine tThe number of employees to be eligible to receive this pay. will be determined by Management, and Tto become qualified to receive this pay, an employee must be certified by the Human Resources Department after passing a certification test (an oral conversational test) established by the Human Resources Department. Employees who first become eligible for bilingual pay on or after January 1, 2022, must re-certify every three (3) years to continue to receive bilingual pay by passing the certification test. Effective July 1, 2021, employees must re-certify every three (3) years to be eligible to receive bilingual pay by passing the certification test.

Employees receiving this pay are required to speak the second language in the course and scope of their employment when it is necessary and may be asked to assist in translating.

SECTION 11.7 CANINE OFFICER PAY:

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The City shall provide to each member who is assigned canine responsibilities one and three-quarters (1.75) hours of overtime or compensatory time off (CTO) compensation per week to compensate the member for canine handling duties not directly related to law enforcement, including but not limited to, feeding, grooming, training, exercising, transporting, obtaining veterinary care, and purchasing food and supplies for the canine.”
Each employee performing the assignment of Canine Officer or Canine Detective will receive one and three-quarters (1.75) hours of overtime compensation or 2.625 hours of compensatory time off (CTO) per week which is considered compensation for hours worked under the FLSA for the time spent at their residence related to their assigned canine and equipment during regular days off and during leaves of absencein the off-duty care and maintenance of the canine.

The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine duties, entitles the parties to agree to a reasonable number of hours for the performance of off duty canine duties. The hours derived at in this agreement were determined after an actual inquiry of the employees assigned as Canine Officer or Canine Detective as addressed by Leever v. City of Carson City, 360 F.3d 1014 (9th Cir. 2004). It is the intent of the parties through the provisions of this section to fully comply with the requirements of the FLSA. In addition, both parties believe that this section of the MOU does comply with the requirements of the FLSA.

The City and the Association understand and agree that this additional compensation is intended to compensate Canine Officers or Canine Detectives for all off duty hours spent caring, grooming, feeding, exercising, transporting, obtaining veterinary care, purchasing food and supplies for the canine and otherwise maintaining their assigned canine unit. in compliance with the FLSA and interpretive cases and rulings. Unless otherwise authorized by a supervisor, employees in these assignments shall not work in excess of 1.75 hours per week performing their off-duty canine duties. because they are being paid for 1.75 hours of work per week.

SECTION 11.8 SCHOOL RESOURCE OFFICER PAY:

The City shall provide to each member who is assigned as a School Resource Officer three (3) hours of overtime compensation in (paid as four and one half (4.5) hours of compensatory time off (CTO) per week, pursuant to Section 9.2 of this MOU to each employee assigned as a School Resource Officer. This pay is for the additional hours a School Resources Officer works each week at the school.

SECTION 11.9 ACTING PAY:

An employee assigned to act in higher classification (one with a higher top step base salary) shall be paid at the higher of the bottom step of the higher classification or a step that is at least five percent (5%) higher than their base salary. If the employee assigned to act is currently receiving any pays provided for in Section 11.1, if they will not be performing the duties of the assignment while acting, the step at which they shall be placed will be the higher of the bottom step of the higher classification or a step that is at least ten percent (10%) higher than their base salary.

SECTION 113.107 UNIFORM ALLOWANCE AND BALLISTIC SAFETY VEST:
(A) Employees shall receive a uniform allowance of one hundred and thirty two dollars and thirty one cents ($132.31) per pay period. These employees are required to use their uniform allowance to maintain their uniforms and purchase new uniforms.
(B) The City will pay members a quarterly Uniform Allowance of $860.00. Employees must have worked at least one day during the pay period quarter in which Uniform Allowance is paid and must be on the City payroll (or on Annual Leave, or Administrative Leave or Workers’ Compensation status) on the day Uniform Allowance is paid in order to receive itthis benefit. If aAn employee shall not be paid their uniform allowance if employee is on an unpaid (i.e., did not use Annual Leave) a personal or medical leave of absence that is non- industrial for the entire pay periodquarter and does not work during that pay periodquarter, the benefit will not be received. Employees who resign, retire, or otherwise terminate employment prior to the date the uniform allowancebenefit is paid will not be entitled to a prorated payment.

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(C) The City will reimburse members for the cost of a ballistic safety vest up to $1,150.00 once every five (5) years. Members due a vest replacement will be notified by the Personnel and Training division that they are due for replacement. Members will be given the option of being given a voucher or being reimbursed by receipt for a replacement vest thatwhich meets department protection standards. The department will maintain a list of manufacturers providing the appropriate level vest in the established price range. Any upgrade beyond the approved amount will be the financial responsibility of the member.

ARTICLE XII WORK SCHEDULE:

SECTION 12.1 COMPRESSED WORK WEEK SCHEDULE:

The City and CPEA agree to maintain the existing 3-12 ½ work schedule for Field Operations at the discretion, and as determined by the Chief of Police. This plan may be suspended at any time during this agreement by the Chief of Police resulting in the units return to the 4-10 plan work schedule; provided, however, that the City agrees to meet and confer with CPEA prior to the termination of the 3-12 ½ work schedule. Excluding a state of emergency situation, Members will be given notice a minimum of two pay periods prior to the suspension of the 3-12 ½ work schedule.

Members assigned to Field Operations will be required to work a 28 day/160 hour payroll cycle.

Members will work 37 ½ hours per week during the payroll cycle, but will be compensated for 40 hours. This practice will result in the advance of 2 ½ hours of “paid, not worked each week, for a total of 10 hours of “paid, not worked” during the payroll cycle. The 10 hours owed back to the City during the payroll cycle will be worked on a pre-designated, regularly scheduled day that coincides with the member’s workweek; meaning that the payback day shall immediately follow the last workday or immediately precede the first workday. The payback day will not be routinely scheduled on a designated holiday, but there may be times it will be required to insure appropriate field coverage. If an employee’s payback day is scheduled during a Holiday, it will require approval at the Lieutenant level or above. A detailed calendar shall be prepared by the employer for each six month shift rotation specifying the schedule of make-up days for each member. The 10 hour payback day must, in all cases, be worked in the same payroll cycle; it cannot be carried over. If, for any reason, the 10 hour payback day is not worked in the same payroll cycle, it will be changed to Annual Leave or Compensatory Time as determined by the member.

Holiday time will be paid and accrues at a rate of 10 hours worked for each holiday according to the terms of the existing MOU. As a result, members working the 3/12 ½ work schedule who take a holiday off will be short 2 ½ hours. These shortages may be mitigated by: making up the 2 ½ hours with annual leave or compensatory time or working an additional 2 ½ hours during the same seven day week or, taking 2 ½ hours leave without pay.

ARTICLE XIII NOTICE REGARDING LAYOFFS:

Before the City provides written notification to any employee that they arehe or she is being laid-off, the City shall provide advance notice to the CPEA Board of its intent to lay-off employees. It is expressly understood that, by providing such notice, the City is not in any way changing, limiting, or impeding its management rights, as discussed in Article XVII of this MOU, including its right to effectuate lay-offs in its sole and absolute discretion. This section applies only to those situations where the City is contemplating laying-off one or more employees due to economic, operational, or other reasons, and does not apply to the termination of one or more employees for a disciplinary or otherreason.

ARTICLE XIV CLOSED SEVERABILITYPRIOR AND EXISTING
CONDITIONS:

Section 14.1 - Entire Agreement:

This MOU supersedes all prior agreements, whether written or oral, unless expressly stated to the DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
contrary herein, and constitutes the complete and entire agreement between the parties, and concludes collective bargaining for its term unless otherwise expressly provided herein.

The City and the CPEA, for the duration of this MOU, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter covered in this MOU, including the impact of the City’s exercise of its rights as set forth herein on wages, hours or terms and conditions of employment. The parties acknowledge that there may be terms and conditions of employment not specifically included in this MOU, that may qualify as a past practice. If such past practices exist, they cannot be changed without completing the meet and confer process. This section does not waive the right to bargain over any subject or matter not covered in this MOU which is a mandatory subject of bargaining.
1 If any provision of this MOU is deemed by a court of competent jurisdiction to be illegal or otherwise unenforceable, the remaining provisions of this MOU shall remain in full force and effect. In the event of such invalidation, the City and the Association shall meet and confer in good faith concerning such invalidation for the purpose of arriving at a mutually satisfactory replacement.

Except as herein modified, there shall be no change in wages, hours, working conditions, or previously agreed to rights, obligations, and relationships expressed in any previous MOU and all rights, privileges, benefits, and terms and conditions of employment and the obligations between the parties as of the date of this MOU which are not specifically set forth shall remain in full force, unchanged, and unaffected, during the term of this agreement unless changed by mutual consent.

If any Article or Section of this agreement, or any addition thereto, should be invalid by operation of law, or by any tribunal or office of competent jurisdiction, or if compliance with or enforcement of any Article or Section should be restrained by such tribunal or office, the remainder of this agreement shall be affected thereby and the parties shall enter into immediate negotiations for the purpose of arriving at a mutually satisfactory replacement for such Article or Section.

The parties agree that each has had full and unrestricted right and opportunity to make, advance and, discuss all matters properly within the province of meeting and conferring. This MOU constitutes the full and complete agreement of the parties and there are no others, oral or written, except as herein contained.

However, each party mayseek the mutual cooperation of the other party in meeting and conferring on working conditions that will improve departmental efficiency and for which there is negligible or no cost; and during the ensuing 18 month period from the signing date of this MOU the City and the Unit may bring forward and correct "errors and omissions,” i.e., items which were inadvertently overlooked during the compilation of this MOU for inclusion into this document. The matters contained within this MOU will be effective upon acceptance by the City Council unless otherwise noted herein.

ARTICLE XV BEGINNING OF NEGOTIATIONS:

The City and the members of the Corona Police Employees bargaining unit agree to meet and confer in good faith for the purposes of beginning negotiations no later than six months prior to the expiration of this Memorandum of Understanding.

ARTICLE XVI AGREEMENT TO MAINTAIN A “LIVING DOCUMENT”:

The parties recognize that revisions to this MOU may be desirable during the term of the MOU.

Accordingly, upon mutual agreement, in writing, the parties may revise the MOU as provided herein. The City Manager may approve revisions to the MOU on behalf of the City in the areas specified below, provided that any funds required to implement the revision(s) are within existing budget allocations. All other revisions must be approved by the City Council.

1. Access to, and use of, City facilities to the extent such use or access is consistent with the City DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
Manager's general authority to grant access or use to City facilities;

2. Disciplinary and grievance procedures, so long as the revisions are consistent with the disciplinary and grievance procedures set forth in the Municipal Code or in resolutions or other documents approved by the City Council;

3. Employee Training, excluding adjustments in the amount of hours available for association training;

4. Tuition Reimbursement policies, excluding changes to the Plan approved by the City Council or to the maximum allowable reimbursement amount;

5. Layoff procedures, excluding the establishment of, or changes in existing provisions for, severance pay and benefits;

6. Determination of classifications eligible for shift differential pay, stand by pay, hazard pay, call out pay, assignment pay, uniform allowance and other special or premium pay components (note that this excludes adjustments to pay amounts, accrual amounts, usage requirements, and buyback or cash-out amounts);

7. Changes in classifications, including reclassifications;

8. Procedures and standards for performance evaluations; and,

9. Out-of-class assignments.

The parties agree that revisions made under this section do not signify a reopener of the MOU, nor do they require a formal meet and confer process. In addition, the parties agree that nothing stated herein shall be used to limit or diminish the City's management rights as otherwise stated in this MOU, the municipal code, or other relevant provisions of state or local laws, rules or regulations.

ARTICLE XVII MANAGEMENT RIGHTS:

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

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

Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the exercise of management's rights shall impact on members of CPEA in their wages, hours, or other conditions or employment, the City agrees to meet and confer with representatives of CPEA regarding the impact of the exercise of such rights, unless the matter of the exercise of such rights is provided for in this MOU or in personnel rules and salary resolutions. By agreeing to meet and confer with CPEA as to the impact of the exercise and of the foregoing City rights, management's discretion in the exercise of these rights shall not be diminished.

Article X – NON-DISCRIMINATION
The parties mutually reaffirm their respective policies of non-discrimination in the treatment of any employee because of race, religion, sexual orientation, medical condition, gender, gender identity, DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
gender expression, color, sex, age, disability, national origin, ancestry, or any other protected classification recognized by the law.

ARTICLE __GRIEVANCE PROCEDURE
The Grievance Procedure is established to provide a consistent process for the fair and expeditious resolution of grievances.

A. Definition of a Grievance: A Grievance is an allegation by one or more an employee or the CPEA that there has been a misinterpretation, misapplication or violation of the MOU.

B. Steps in the Grievance Process

1. Informal: Any party believing it has a grievance is encouraged to attempt to resolve the matter by informal discussion through the chain of command or by bringing the matter to the attention of the designated supervisor or department representative. Step One (Immediate Supervisor) – Informal Resolution If Filed By Employee
a. An employee(s) who believes that they have grievance related to their rights under the MOU must present the grievance to their immediate supervisor, orally. If the Association is the grievant, it shall submit the grievance at step 2 as provided below in step 2.

The grievance must be presented to the supervisor within five (5) workdays of the occurrence giving rise to the grievance or the time within which the grievant knew or should have known of the occurrence. Employees may present grievances informally at step 1 without a CPEA representative.

The supervisor will investigate the employee's alleged grievance, and attempt to resolve it and respond to the employee within three (3) of the employee’s workdays.

2. Step Two One (Department) – Employee or Association
a. If theThe grievant is an employee and is not satisfied that the grievance was resolved at step 1 the employee or their representative shall present the grievance in writing to the Fire Police Chief within five (5)sixty ninety (690) work calendar days of the occurrence giving rise to the grievance or the time within which the grievant (either the employee or CPEA) knew or should have known of the occurrence. of the response from the supervisor at step 1of the event giving rise to the grievance or within ninety (90) days of the employee actually discovering the event giving rise to grievance, if not discernable through the exercise of reasonable diligence. If the supervisor (at step 1) does not respond to the employee within three (3) of the employee’s workdays, the employee must present their grievance within eight (8) workdays of the meeting with their supervisor.

The grievance must state the Article and Section of the MOU alleged to be violated and provide as much narrative as possible as to why the employee believes their rights (under the MOU) have been violated. The grievance is not required to be submitted on any particular form.

DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
b. If the Association is the grievant, the written grievance must be submitted within five (5) workdays of the date of the occurrence giving rise to the grievance or the time within which the Association knew or should have known of the occurrence.
c.b. Within seven (7) calendar days of the submission of the grievance, the Police Fire Chief, or designee, shall meet with the grievant and the grievant's representative, if any. Within seven (7) days of the meeting, the Fire Police Chief or designee shall provide a written decision regarding the grievance and send it to the grievant.

3. Step TwoThree - Chief Talent Officer
a. If the grievant is not satisfied that the grievance was resolved at step 2, the employee grievant or their representative shall present the grievance in writing to the Chief Talent Officer within five (5) workdays ten (10) calendar days of the response from the Fire Police Chief at step 2. b. Within ten (10) calendar days of the presentation of the grievance at step 3, the Chief Talent Officer and, if necessary, other City representatives, will meet with the grievant and the grievant’s representatives to discuss the grievance. The meeting will take place during regular City Hall business hours at a mutually agreeable time.
c. If the grievance is not resolved at the meeting at step 3, the Chief Talent Officer shall, within ten (10) calendar days, provide a written decision regarding the grievance and send it to the grievant
c. 4. Step Four - City Manager
d. If the grievant is not satisfied that the grievance was resolved at step 3, the employee or their representative shall present the grievance in writing to the City Manager within five (5) workdays of the response from the Department Head at step 3. e. Within ten (10) calendar days of the presentation of the grievance at step 4, the City Manager or their designee and, if necessary, other City representatives, will meet with the grievant and the grievant’s representatives to discuss the grievance. The meeting will take place during regular City Hall business hours at a mutually agreeable time. f.d. If the grievance is not resolved at the meeting at step 4, the City Manager or their designee shall, within ten (10) calendar days provide a written decision regarding the grievance and send it to the grievant.

45. Step ThreeFourive (City CouncilAdvisory Binding Arbitration) a. If the grievance has not been resolved in the foregoing steps, the grievant or the grievant's representative shall advise the Chief Talent OfficerCity Manager in writing within fifteen (15) calendar days following receipt of the written decision from the Chief Talent Officer following receipt of his disposition and advise the City Clerk that the matter is being referred to the City Councilthat the matter is being appealed to advisory arbitration.

DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
b. The Chief Talent OfficerCity Manager, within ten (10) 5 calendar days, will request a list of seven arbitrators from the office of State Mediation and Conciliation and the parties will either mutually select an arbitrator or exercise an alternate striking process of the names on the list provided by SMCS with the parties flipping a coin as to which party will makeCity making the first strike. Clerk will set the matter for hearing before City Council or its Hearing Officer not less than ten or more than thirty calendar days with representatives of the union .
c. The decision of the City Council will be forwarded to the grievant within ten days of the conclusion of the hearing.The arbitrator will conduct an arbitration in such manner as theyhe or she deems appropriate, provided however, each party shall have the right to make opening statements, examine and cross examine witnesses and introduce evidence.
d. Upon Within 45 calendar days of conclusion of the arbitration, the arbitrator will issue an advisory recommendation to the City Manager written decision, which shall be served upon and the parties within 45 days of the conclusion of the hearing, including closing briefs, if any.
e. The City and the grievant shall share equally the costs of the arbitrator and the court reporter. Each party shall bear their own costs of representation and shall pay the cost of transcripts, if desired.
f. The City Manager will issue their final decision on the grievance within twenty (20) days of receipt of the advisory recommendation of the arbitrator. c.g. The grievant has the right to appeal the City Manager’s decision in accordance with California Code of Civil Procedure section 1094.6 that provides a 90-day statute of limitations.

C. Rules regarding the Grievance Procedure

1. No employee shall be subject to any adverse actions or consequences filing of a grievance in good faith.

2. An employee employee grievant is entitled to representation in the preparation and presentation of a grievance at any step in the grievance procedure.

3. - Grievances must be filed as described in the steps. Unless there is an agreement in writing to extend any of the time timedeadlines of a timely filed grievance, if the grievance is not timely filed, it shall be deemed to be either untimely or abandoned; provided, however, prior to declaring a timely filed grievance abandoned the City shall provide the grievant and representatives a notice that the grievance will be deemed abandoned if an appeal is not received within 48 hours of the deadline and no grievance shall be deemed to exist.

4. Grievances involving the same or similar issues may be consolidated for presentation at the discretion of the City.

5. Any grievance may be withdrawn by the grievant at any time..

DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2

6. Any step or steps in this grievance procedure can be waived by agreement between the grievant and the City Manager or their designee.

7. This grievance procedure is the sole and exclusive method for alleging a violation, misinterpretation or misapplication of any provision of this MOU.

Section 6.2 Construction
This Policy shall be administered and construed as follows:

A Nothing in this Policy shall be construed to deny to any person, employee, organization, the City or any authorized officer, body or other representative of the City, the rights, powers and authority granted by federal or state law.

B. This Policy shall be interpreted so as to carry out its purposes as set forth in Article I.

B. Nothing in this Policy shall be construed as making the provisions of California Labor Code Section 923 applicable to City employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, cooperate or encourage, directly or indirectly, any strike, sickout, other total or partial stoppage or slowdown of work, or any unlawful concerted action whatsoever. In the event employees engage in such actions, they shall subject themselves to discipline up to and including termination and may be deemed to have abandoned their employment; and employee organizations may thereby forfeit all rights accorded them under this Policy and other City law for a period up to one year from commencement of such activity.

ARTICLE ___ - DISCIPLINE
Section __.1 - Disciplinary Actions Defined:

1. Oral/Written Warning
The use of an oral or written warning shall be used as a tool by supervisors to address performance problems or minor instances of misconduct and may be initiated at any time. Only if it qualifies as punitive action under the Public Safety Officers’ Procedural Bill of Rights Act, will the employee be entitled to an administrative appeal per the informal process below. The supervisor or manager will review with the employee both the specific deficiencies in question and the City’s standards.

The cause(s) of the deficiency will be identified along with specific improvement needed. The employee should be advised of the action that will be taken should they fail to achieve the improvement outlined within the time period specified. Any written warnings will be kept in the supervisory file, not the official personnel file, and a copy given to the employee. The employee may attach a written rebuttal if desired. The supervisory file is intended to be a temporary file to record performance, both positive and negative, throughout the performance year. Once the performance evaluation is completed for the year, all items in the file should be referenced in the performance evaluation if appropriate, andWritten warnings shall be discarded at the end of the performance one year or sooner.

2. Written Reprimand
A Written Reprimand generally is appropriate to correct instances of more serious circumstances or employee misconduct which do not warrant suspension or discharge, repeated instances of minor misconduct or identified performance problems. The purpose of a Written Reprimand is to put the employee on notice that the City will take other disciplinary action unless immediate, real and consistent improvement in performance is demonstrated. The supervisor or manager issuing the Written Reprimand shall meet with the employee to discuss specific improvements required within a defined time period to avoid further disciplinary action. A copy of the Written Reprimand will be placed in the employee’s official personnel file.

DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2

3. Transfer for purpose of punishment
The transfer of an employee’s work assignment or to a different schedule, with or without loss of pay, for the purpose of punishment.

4. Suspension
Suspension is the temporary removal of employees from their duties without pay.

5. Reduction in Pay
Upon agreement of the City and an employee, a suspension may be served by a temporary reduction in pay. A Reduction in Pay is a reduction in hourly salary for a limited and defined period of time, and does not result in any classification change. The employee continues to report to work for the duration of the Reduction in. . If the employee accepts the reduction in pay and agrees to waive the right to appeal, the employee shall have the option to use accrued leaves (with the exception of sick leave) for all or part of time of reduction in pay.

6. Demotion
Demotion is the movement of an employee from the current classification to a new classification having a lower top step salary.

7. Discharge
A discharge is a termination from employment.

Section __.2 – Pre-Disciplinary Procedure:

If an employee is to be suspended, receive a reduction in pay, bebe transferred for purposes of punishment, demoted or discharged, the employee shall:

1. Receive written notice of the intended action at least seven ten (710) calendar days before the date it is intended to become effective, stating the specific grounds and the particular facts upon which the action is based.

2. Receive copies of any known materials, reports or other documents upon which the intended action is based, including all documents, statements, transcripts and other materials produced during the investigation of the underlying misconduct.

3. Be accorded the right to respond in writing within a reasonable period of time to the intended charges.

4. Be accorded the right to meet within a reasonable period of time with the Police Chief or a Police Captain. If the Captain hears the Skelly, her or she shall make the final determination on the disciplineor designee who has the authority to modify or eliminate the intended disciplinary action.

5. Be given the written decision of the Police Chief(Captain) prior to the effective date of the disciplinary action.

Section __.3 - Disciplinary Appeals Procedure:

The following appeals procedures are adopted by the parties pursuant to Government Code § 3304.5 of the Public Safety Officers’ Procedural Bill of Rights Act.

1. Punitive Action - The term “punitive action” means any action defined by Government Code § 3303, i.e., “any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.”

2. Formal Appeals Procedures – For Punitive Action Causing a Loss of Pay Not Covered by the DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
Informal Hearing Process
a. Filing the appeal: If an employee desires to appeal a disciplinary action not covered by the informal process, they (or their representative) shall submit a written notice of appeal. A representative of the City shall contact either the employee or their identified representative within ten (10) calendar days of receipt of the notice of appeal to determine whether the parties can agree on an advisory arbitrator to hear the appeal. If the parties can agree, the representative for the City shall contact the agreed upon arbitrator to determine their availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Chief Talent Officer or designee will send a letter to the State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing.
b. Hearing Process: During the hearing, the formal rules of evidence do not apply. The cost of the list of arbitrators, the arbitrator themselves, and the court reporter shall be split between the City and the Association unless the Association is not financially supporting the appeal by providing representation for the employee. Once the arbitrator issues their advisory recommendation, they will submit it to the City Manager as well as both parties’ representativesrepresentatives.
c. The Arbitrator’s Decision: The arbitrator shall issue their advisory recommendation render a decision provide copies to both parties’ representatives. Wwithin tenthirty (130) calendar days from the conclusion of the hearing. receipt of the advisory arbitration's recommendation, both parties’ representatives may submit to the City Manager a brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the advisory arbitrator's recommendation is correct or not and why. Within thirty-five (35) days of receipt of the advisory arbitrator's recommendation, the City Manager shall issue and send their final written decision to the parties
The City Manager’s Role: Within thirty-five days of receipt of the advisory arbitrator’s recommendation the City Manager shall issue and send their final written decision to the parties. The City Manager may accept, reject or modify the advisory arbitrator's recommendation or any part thereof. In no case, however, may the City Manager increase the penalty above that imposed by the department head. The City Manager's decision shall be final and binding. In reaching their decision, the City Manager shall review the advisory arbitrator's recommendation and the evidence, both documentary and testimonial, and arguments presented to the advisory arbitration.
a.d.Right to File In Court: The employeeEither party has the right to appeal the City Manager’s decision in accordance with CCP §1286 California Code of Civil Procedure section 1094.6 that provides a 90-day statute of limitations.

3. Appeals Procedures Informal Process
The Informal Hearing Procedure, as opposed to the formal procedures, will be used for disciplinary action imposed on an employee that does not involve termination from employment, demotion, suspension without pay or reduction in pay for more than three (3) working dayswritten repirmandsreprimands.
a. Appeal to the Police Chief or Designee
(1) An employee who receives notice of a punitive action shall be entitled to a written reprimand may appeal the action to the Police Chief prior to the effective date of the punitive action. The appeal is an opportunity for the employee to present written material information and arguments why a punitive action should not occur or offer alternatives to the action.
(2) Notice of Appeal: Within seven ten (107) calendar days of receipt by an employee of notification of a punitive actionthe reprimand, the employee shall notify the Police Chief in DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
writing that they intend to appeal the punitive action. The notice of appeal shall specify the action being appealed and the substantive and procedural grounds for the appeal.

Nothing in this section shall limit the right of the Department to institute disciplinary action, notwithstanding that an appeal may be pending.
(3) Hearing Officer: The Police Chief or designee shall act as the hearing officer. If the Police Chief cannot serve as the hearing officer because they are a material witness or are otherwise conflicted, then the City Manager or designee shall serve as the hearing officer.

The hearing shall take place within thirty twenty ten (3210) calendar days of the date the employee was notified about the punitive action (e.g. received a written reprimand) filed the appeal or such other time as may be agreeable by the parties. b. Burden of Proof: The City shall bear the burden of proof at the hearing.

The Department shall have the burden of proving by a preponderance of the evidence the facts which form the basis for the charge(s) and that punitive action was reasonable under the circumstances.
c. Conduct of Hearing:
(1) The formal rules of evidence do not apply, although the Hearing Officer shall have discretion to exclude evidence which is incompetent, not relevant or cumulative, or the presentation of which will otherwise consume undue time. The rules of privilege shall be observed.
(2) The parties may present arguments through documents and statements. (3) If the punitive action being appealed is a counseling memo or written reprimand, the parties will not be entitled to confront and cross-examine witnesses. (4) Following the presentation of written material and statements, the involved parties may submit closing arguments orally or in writing for consideration by the hearing officer. (5) Representation: The employee may be represented by an Association representative or attorney of their choice.
d. Decision:

After the hearing, a decision will be submitted in writing within thirty (30) calendar days and provided to the employee. The decision shall advise the employee that the time within which judicial review of the decision may be sought is governed by Code of Civil Procedure § 1094.5.

SIGNATURES:

Date: 11/19/2019
Mitch Lansdell
Employee Relations Officer
Interim City Manager
Date:
11/23/2019
Jason Perez
Association President
Date:

DocuSign Envelope ID: BF366015-AC31-4444-8B60-1540690BF323 CA\JR\09000.20650\10228441.2
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Corona City CouncilMarch 2, 2022

Corona City Council
March 2, 2022