Exhibit 5 - CPSA MOU - Redline Version — Corona City Council, March 2, 2022

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CPSA MOU – February 21, 2022

CORONA POLICE

SUPERVISORS

ASSOCIATION

MEMORANDUM
of

UNDERSTANDING
JanuaryJul
y 1, 202218
through
DecemberJune 310, 20241
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TABLE OF CONTENTS
ARTICLE I RECOGNITION ...................................................................................................................4 ARTICLE II ASSOCIATION ACTIVITIES .............................................................................................4 SECTION 2.1 CHECK-OFF AND HOLD HARMLESS CLAUSE ......................................................................................4 SECTION 2.2 USE OF CITY EQUIPMENT AND FACILITIES...........................................................................................4 SECTION 2.3 GRIEVANCES...............................................................................................................................................4 SECTION 2.4 TIME BANK ..................................................................................................................................................4 ARTICLE III BENEFITS..........................................................................................................................5 SECTION 3.1 BANKING PRIVILEGES...............................................................................................................................5 SECTION 3.2 FLEXIBLE BENEFIT ALLOWANCE ............................................................................................................5 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 ................................................. 6

3.3.4 Medical Insurance............................................................................................................. 6

3.3.5 Medical Insurance Opt Out ............................................................................................... 9

3.3.6 Retirement Healthcare Savings Account ......................................................................... 10

3.3.7 Retiree Medical Insurance ............................................................................................... 10

3.3.8 Retiree Health Alternative ................................................................................................ 11

3.3.9 Retiree Life Insurance...................................................................................................... 11

3.3.10 Employee Assistance Program (EAP) ........................................................................... 11

3.3.11 Medicare Contribution.................................................................................................... 11 SECTION 3.4 P.E.R.S........................................................................................................................11

3.4.1 CalPERS “Classic” Members:.......................................................................................... 11

3.4.1 CalPERS “New” Members: .............................................................................................. 12 SECTION 3.5 TUITION REIMBURSEMENT..................................................................................................................... 13

3.5.1 Pre-Approval .................................................................................................................... 13

3.5.2 Reimbursable Costs......................................................................................................... 13

3.5.3 Administration .................................................................................................................. 13

3.5.4 Procedure......................................................................................................................... 13 SECTION 3.6 UNIFORM ALLOWANCE ............................................................................................................................14 SECTION 3.7 SPECIAL PROVISIONS............................................................................................................................. 15

3.7.1 Take Home Vehicles and Auto Allowance....................................................................... 15 SECTION 3.8 DEFERRED COMPENSATION.................................................................................................................. 16

3.8.1 Participant Loans ............................................................................................................. 16

3.8.2 Tier I Police Captains....................................................................................................... 16

3.8.3 Tier II, III & IV Police Captains ......................................................................................... 16 ARTICLE IV EXTENSION OF PROBATION PERIOD..........................................................................17 ARTICLE V HOLIDAYS........................................................................................................................ 17 SECTION 5.1 HOLIDAY SCHEDULE .............................................................................................................................. 17 SECTION 5.2 HOLIDAY ACCRUAL FOR MEMBERS OTHER THAN POLICE CAPTAINS .........................................17 SECTION 5.3 HOLIDAY ACCRUAL FOR POLICE CAPTAINS.......................................................................................18 ARTICLE VI LEAVES............................................................................................................................18 SECTION 6.1 ANNUAL LEAVE.........................................................................................................................................18

6.1.1 Accrual of Annual Leave Hours .......................................................................................18 DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2

6.1.2 Separation........................................................................................................................ 20

6.1.3 Unpaid Leave ................................................................................................................... 20

6.1.4 Maximum Accumulation................................................................................................... 20

6.1.5 Annual Leave Usage........................................................................................................ 20

6.1.6 Annual Leave - Workers' Compensation.......................................................................... 21

6.1.7 Pay in Lieu of Annual Leave (Buy-Back) ......................................................................... 21

6.1.8 Frozen Sick Leave at Separation..................................................................................... 22

6.1.9 Annual Leave Accrual Rates for Holidays........................................................................ 22 SECTION 6.2 TERMINATION OR LEAVE NOTIFICATION............................................................................................. 22 SECTION 6.3 FAMILY MEDICAL LEAVE ACT................................................................................................................22 SECTION 6.4 EXECUTIVE LEAVE....................................................................................................................................22 ARTICLE VII NO SMOKING POLICY...................................................................................................23 ARTICLE VIII NO STRIKE CLAUSE.....................................................................................................23 ARTICLE IX OVERTIME .......................................................................................................................23 SECTION 9.1 OVERTIME AUTHORIZATION .................................................................................................................. 23 SECTION 9.2 "COMPENSATORY TIME".................................................................................................23 ARTICLE X SALARY ............................................................................................................................24 SECTION 10.1 BASE RATE SCHEDULE........................................................................................................................ 24 SECTION 10.2 COMPARABLE CITIES ADJUSTMENTS ............................................................................................... 24 SECTION 10.3 COMPACTION ADJUSTMENTS............................................................................................................. 25 SECTION 10.4 PROMOTIONS ......................................................................................................................................... 25 ARTICLE XI SPECIAL COMPENSATION............................................................................................25 SECTION 11.1 HAZARD AND ASSIGNMENT PAY ........................................................................................................ 25 SECTION 11.2 COURT ASSIGNMENT ........................................................................................................................... 26 SECTION 11.3 LONGEVITY PAY .................................................................................................................................... 26 SECTION 11.4 MARKSMANSHIP PROFICIENCY.......................................................................................................... 27 SECTION 11.5 P.O.S.T CERTIFICATION PAY............................................................................................................ 27 SECTION 11.6 SPANISH LANGUAGE AND BILINGUAL PAY .......................................................................................... 27 SECTION 11.7 WORKING OUT OF CLASS ................................................................................................................... 28 ARTICLE XII COMPRESSED WORK WEEK SCHEDULE ..................................................................28 ARTICLE XIII NOTICE REGARDING LAYOFFS..................................................................................28 ARTICLE XIV PRIOR AND EXISTING CONDITIONS..........................................................................29 ARTICLE XV BEGINNING OF NEGOTIATIONS..................................................................................29 ARTICLE XVI AGREEMENT TO MAINTAIN A “LIVING DOCUMENT”..............................................29 ARTICLE XVII MANAGEMENT RIGHTS..............................................................................................30 SIGNATURES........................................................................................................................................31 DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2

PREAMBLE
The City of Corona (hereinafter referred to as “City”), and the Corona Police Supervisors Association, (hereinafter referred to as “CPSA” or Association), a recognized supervisory Association that represents employees (who within this MOU shall be referred to as “Employees” or “Members”) in the classifications of Police Sergeant, Police Lieutenant, and Police Captain, 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 CPSA 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 I RECOGNITION:

WHEREAS, the City of Corona, California, represented by its Management Negotiator (hereinafter referred to as the City), and the Corona Police Supervisors Association, represented by themselves (hereinafter referred to as CPSA), 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 CPSA, 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 CPSA 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 CPSA jointly submit the following:

ARTICLE II ASSOCIATION ACTIVITIES:

SECTION 2.1 ASSOCIATION DUESCHECK-OFF AND HOLD HARMLESS CLAUSE:

The City will deduct dues from members of the Association and will remit it to the Association. It is the Association’s responsibility to inform the City’s Human Resources Department as to which members of the bargaining unit are members of the Association. The Association shall inform the Human Resources Department in writing of any changes in the membership status of any Association members. If authorized in writing by a member by unrevoked assignment on file with the Administrative Services Director of the City, the City will deduct from the member's biweekly wages a sum equal to the member's dues or service charge and insurance premiums.

The amount to be deducted shall be certified to the Administrative Services Director of the City thirty (30) days prior to the effective date by the exclusive representative. No deductions will be made when the salary, after taxes, retirement, garnishments, or other deductions authorized by the member or required by law is insufficient to pay the said dues, etc. The Associationexclusive representative agrees to defend, indemnify, and hold the City harmless against any and all claims, suits, orders, or judgments brought or issued against the City under this Sectionprovision.

SECTION 2.2 USE OF CITY EQUIPMENT AND FACILITIES:

CPSA is authorized to use City copying machines for CPSA business, subject to reasonable approval of the ERO, and shall be billed monthly for actual costs. Additionally, CPSA may use City meeting rooms for membership meetings, as available.

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SECTION 2.3 TIME TO PROCESS GRIEVANCES:

Members of the CPSA Board of Directors and its officers, not to exceed three, may be allowed reasonable time away from their City duties (by use of time from the time bank provided for in Section

2.4) to expeditiously investigate and assist in the process of grievances without loss of pay. A list of the three members shall be updated and maintained in the Human Resources Department. One member at a time (of the three identified members) shall be permitted to use time from the time bank to process grievances.

SECTION 2.4 TIME BANK:

The City shall agrees to establish a "Time Bank” for use by members of the CPOSA 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 members for any lawful activity, including, but not limited to, of CPSA to attendance at seminars, classes, and conferences related to the meet- and-confer-process, .

Additionally, any member of the Association may receive time off for the welfare of officers, 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 CPSA Board. 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 BANKING PRIVILEGES:

The City shall no longer provide free money orders, cashier's checks or traveler's checks for members nor shall it provide free safe deposit boxes for employees hired after Oct. 1, 1987.

SECTION 3.1 – TIERS FOR CERTAIN BENEFITS IN THIS MOU:

Some of the benefits in 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, 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 3.28 DEFERRED COMPENSATION:

All employees in the unit may open a deferred compensation account (per IRS Code section 457) or Roth IRA and make pre-tax contributions into it up the maximum permitted by law based on their age.

Employees may also make contributions to a Roth IRA. Except for Police Captains as provided below, 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.

3.8.1 Participant Loans:

Members may take out loans against their Deferred Compensation account subject to the following terms and conditions:

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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 only one 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 principal residence 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 the date 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.

3.2.1 Tier I Police Captains:

At the end of each quarter the City shall deposit into the deferred compensation plan account of each Police Captain who is a Tier I Employee an amount equal to that deposited by the employee, not to exceed nineteen hundred dollars ($1,900.00) per year. The match shall be applied to a single provider selected by the employee. For Tier I Police Captains who set up a deferred compensation account, the City shall make a matching contribution into their deferred compensation account at the end of each quarter in an amount equal to that deposited by the employee, but not to exceed $1,900.00 per calendar year. Employees who do not open a deferred compensation account will not receive a city contribution.

Tier II, III & IV Police Captains:

At the end of each quarter the City shall deposit into the deferred compensation plan account of each Police Captain who is a Tier II Employee, a Tier III Employee or a Tier IV Employee an amount equal to that deposited by the employee, not to exceed nineteen hundred dollars ($1,900.00) per year. The match shall be applied to a single provider selected by the employee.

Police Captains who are Tier II Employees or Tier III Employees shall also receive an additional payment into their deferred compensation plan account equal to one hundred and fifty dollars ($150.00) per quarter. The employee must select one provider for this payment.

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: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
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 that are members of the CPSA (“Member”) may purchase nontaxable benefits and/or taxable 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.

This allowance is to be used for the purchase of nontaxable benefits and/or taxable benefits offered under the Cafeteria Plan. Benefits available under the Cafeteria Plan are as follows:
 Health, dental or vision insurance
 Reimbursement of eligible medical expenses
 Reimbursement of eligible dependent care expenses
 Taxable cash payment
Police Captains hired by the City on or after January 1, 1999 will not receive this benefit.

SECTION 3.4 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 $149.00/month for calendar year 2022 and a yet to be determined amount for subsequent calendar years).

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

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

If the City desires to change dental or vision carriers, the Association agrees that it will meet promptly 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) $773.17 per month for Members electing Employee only coverage; (2) $1,546.10 per month for Members electing Employee plus one dependent coverage; or (3) $2,048.39 per month for Members electing Employee plus two or more dependents coverage.

The City’s provision of funds for health insurance is provided through the Cafeteria Plan. If a Member enrolls in health benefits that cost more than provided above, they will be responsible for payment of any additional dollars for the benefits chosen.

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4. Medical Insurance
(A) 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 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 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) Tier II Employees: The City agrees to provide a Medical Allowance to Members hired on or after to 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:
(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. 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 to 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 theMedical 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
DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
(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 amount equal to the difference between the Base Contribution Rate and the actual monthly premium for the lowest cost PERS family plan. The MedicalAllowance 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.
(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 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) 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 DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
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. (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.

The City will provide an annual allowance in the amount of fifteen hundred dollars ($1,500.00) to Police Captains who were hired by the City prior to January 1, 1999 if and when they retire from the City. This allowance is to be used for the purchase of nontaxable benefits and/or taxable benefits offered under the Cafeteria Plan. Benefits available under the Cafeteria Plan are as follows:
 Health, dental or vision insurance
 Reimbursement of eligible medical expenses
 Reimbursement of eligible dependent care expensesTaxable cash payment Police Captains hired by the City on or after January 1, 1999 will not receive this benefit.

3.43.25 Medical Insurance Opt Out:

Eligible Opt-Out Arrangement: Effective March 12, 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 DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
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.

Effective March 12, 2022, employees who opt out of will receive the following Annual Leave through December 29, 2023:

For Sergeants, for Employee Only – 1.77 hours per pay period, for Employee + 1 dependent – 2.50 hours per pay period. For Employee + 2 or more dependents –

2.88 hours per pay period.

For Lieutenants, for Employee Only – 1.46 hours per pay period, for Employee + 1 dependent – 2.08 hours per pay period. For Employee + 2 or more dependents –

2.39 hours per pay period.

For Captains, for Employee Only – 1.23 hours per pay period, for Employee + 1 dependent – 1.77 hours per pay period. For Employee + 2 or more dependents –

2.00 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 3.4.2 (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 employerprovided health coverage and receive cash in lieu:

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 DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
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 reenrollment will be subjectto 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 cost employee only plan coverage, as determined by the City. This default allocation shall not be subject to change.

3.3.5 Medical Insurance Opt Out:

Subject to meeting the requirements set forth below, and in lieu of receiving the Medical Allowance and the 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. Sign a waiver of City offered health insurance coverage and an agreement to hold the City harmless for any consequences, whatsoever, that result from the waiver of City offered health insurance coverage; and

3. Sign a statement acknowledging that the Member and the Member’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 subjectto 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 a member who is currently Opting Out fails to make an election for Opt Out during Open Enrollment, the employee will be enrolled in a health insurance plan, employee only coverage, as determined by the City. This default allocation shall not be subject to change.

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: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
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 that cannot 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 Employee and 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.

3.3.6 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 I Lifetime Health Benefit by implementing and 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 and 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.

3.5.1 Retiree Health Alternative:

In lieu of receiving the City’s retiree medical benefit in Section 3.5 abovePremium Payment, a Tier I Retiree shall have the option of receiving an annual $6,000 contribution, at a rate of $500 per DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
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 (other than Police Captains).

T ier II, III and IV Police Captains: The City shall deposit into the Retirement Healthcare Savings Account of each Police Captain who is a Tier II Employee, Tier III Employee or Tier IV Employee one hundred and fifty dollars ($150.00) per quarter. Employees may elect either the ICMA VantageCare Plan or the Nationwide PEHP.

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 pre-disability earnings 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 gross compensation prior to the disability.

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.

3.3.1 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.

Discretionary Authority: For the following two items, it should be noted that, in making any benefits determination under the policy, the carrier shall have the discretionary authority both DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
to determine eligibility for benefits and to construe the terms of the policy SECTION 3.8 – LONG-TERM DISABILITY PLAN

3.8.1 Police Sergeants and Police Lieutenants
The City shall provide the California Law Enforcement Association Group Long Term Disability Insurance Plan A (hereinafter Plan A) for Police Sergeants and Police Lieutenants in the unit. The specific details, benefits and plan documents are on file in the City’s Human Resources Department.

If the City’s pro-rata premium cost for providing Plan A for Police Sergeants and Police Lieutenants is less than the pro-rata premium cost of providing Long-Term Disability insurance to all other City employees, the savings will be distributed to Police Sergeants and Police Lieutenants pro-rata in a lump sum payment, less applicable deductions in the final pay period of each applicable year. The payment shall be calculated by dividing the actual number of Police Sergeants and Police Lieutenants in the last pay period into the actual savings in premium cost by providing Plan A instead of the Long-Term Disability Insurance provided to all other City employees.

3.8.2 Police Captains
The City shall provide a long-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 insurance plan shall contain the following provisions:
 Benefit level shall be 66 2/3% of pre-disability earnings as defined by the carrier;  Monthly maximum benefit of $10,000.00
 Elimination Period (Waiting period): 90 days
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 gross compensation prior to the disability.

Any disputes regarding eligibility for benefits shall be dealt with between the employee and the carrier.

SECTION 3.3 INSURANCE:

3.3.2 Long-Term Disability Insurance:
(A) Members Other Than Police Captains: The City shall provide long-term disability insurance benefits in accordance with the California Law Enforcement Association (“CLEA”) Group Long Term Disability Insurance Plan A (hereinafter “Plan A”). The specific details, benefits and plan documents are on file in the City’s Human Resources Division.

It is anticipated that the City’s premium cost for providing Plan A to CPSA 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 Long-Term Disability benefits to the CPSA 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 CPSA members pro-rata in a lump sum payment, less applicable deductions in the final pay period of each applicable year. Said payment shall be calculated by dividing the actual number of employees in the CPSA in the last pay period into the actual savings in premium cost 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.

Discretionary Authority: For the items in this section, 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. (B) Police Captains: Effective January 1, 2012, the City shall provide a long-term disability insurance plan to each Police Captain, who for reasons of their own medical disability commences a medical leave of absence. This insurance plan shall contain of the following DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
provisions:
 Benefit level shall be 66 2/3% of basic monthly earnings;  Monthly maximum benefit of $10,000.00
 Elimination Period (Waiting period): 90 days
 Ability to utilize annual leave or frozen sick leave to supplement disability payments.

Discretionary Authority: For this item, 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 3.9 – 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 base pay up to a maximum of $750,000.

The City shall provide unit members with an accidental death and dismemberment policy in an amount equal to five and one-half times the member's annual base pay to a maximum of $750,000.

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.

3.3.3 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.

3.9.1Retiree 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.

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 to 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 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:

DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
Medicare Contribution:

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

SECTION 3.13 – RETIREMENT:

The City contracts with CalPERS for retirement benefits.

A. For “Classic Member” Employees

1. Retirement Formula: 3% at 50 retirement formula set forth in California Government Code Section 21362.2.

2. Single Highest Year: "Single Highest Year" retirement benefit per Government Code section 20042.

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.

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

1. Retirement Formula: 2.7% at 57 formula per Government Code section 7522.25(d).

2. Retirement Benefit Calculation Period: Highest 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.

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 DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
21329.

5. Retiree 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.

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.

SECTION 3.4 P.E.R.S.:

3.4.1 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 3.4.2. “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");
§ 21362. 3% at Age 50 Benefit Formula—Patrol of Local Safety Member § 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.

3.4.2 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 DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
Safety Member
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 (3) year average of pensionable compensation.

1. Pre-Retirement Option 2W Death Benefit

2. 1959 Survivor Allowance – Third Level

3. 21624, 21626, 21626.5 and 21628: Post-Retirement Survivor Allowance-Specified State or Local Members.

4. 22892: Employer Contribution (Government Code Medical Contribution for Retirees).

SECTION 3.145 TUITION REIMBURSEMENT:

The City recognizes the value of an educated workforce and encourages employees to pursue higher education. This section provides reimbursement to unit members for tuition, e-books and textbooks for college courses leading to a job-related degree or certificate. Employees shall use their off-duty hours in the pursuit of education.

Subject to satisfaction of all criteria set forth in this Section 3.14 for education plans approved in writing by the City after October 17, 2018, the City shall reimburse Members for the costs described in Section 3.14.2 up to a lifetime maximum amount of $10,000 per employee. For education plans approved in writing by the City on or before October 17, 2018, the lifetime maximum shall not apply.

3.14.1 Pre-Approval:

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.

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.

3.14.2 Administration:

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

3.14.3 Procedure:

1. 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 shall 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 DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
and its decision shall be final.)

2. Subject to the lifetime maximum, the City will reimburse eligible employees for completion of formal education leading to a work-related degree or certificate at a rate equivalent to the California State University fee schedule for tuition.

3. An employee receiving funds for tuition and books, e-books 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.

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.

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.

6. City vehicles shall not be used for transportation to and from courses, unless incidental to the employee’s regular commute.

The City of Corona recognizes the value of an educated workforce and encourages employees to pursue the goal of higher education. The City has adopted a plan to provide financial reimbursement for tuition 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 an appropriate degree or certificate.

Employees are to use their off-duty hours in the pursuit of highereducation.

Subject to satisfaction of all criteria set forth in this Section 3.6, for education plans approved in writing by the City after October 17, 2018, the City shall reimburse Members for the costs described in Section 3.5.2 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 Lifetime Maximum shall not apply.

Pre-Approval:

CPSA members must apply for and receive written approval from their supervisor and Human Resources prior to enrolling in classes at an 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.

Reimbursable Costs:

The costs eligible for reimbursement are limited to tuition and books . 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.

Administration:

This policy will be administered by the Human Resources Department.

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

Procedure:

DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2

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 will be submitted through the employee’s Department Head for recommendation and to the Human Resources Director for approval. The Human Resources Director shall review and pre-approve requests for job relatedness and his/her decision shall be final.)

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

3. Subject to the Fiscal Year Maximum and the Lifetime Maximum, the City will reimburse eligible employees for completion of job-related formal education leading to a 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, subject to the Fiscal Year Maximum and the Lifetime Maximum.

4. An employee receiving funds for tuition and books 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. 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 of the request in the Finance Department.

6. 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.

7. City vehicles will not be authorized for transportation to and from courses. Additionally, there will be no reimbursement for mileage accumulated on an employee’s personal vehicle for transportation to and from these courses.

Police Captains:

Notwithstanding anything in this Section 3.5 to the contrary, the financial reimbursement for tuition and textbooks for job related college courses applicable to Police Captains shall be subject to the terms and conditions set forth in City Administrative Policy 01400.012 (Tuition Reimbursement), which is subject to City Council budgetary discretion and which the City may amend in its sole discretion. For Police Captains, City Administrative Policy 01400.012 (Tuition Reimbursement) shall control over any conflicting provision in this MOU.

SECTION 3.6 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 entitledto 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 DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
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:

3.7.1 Take Home Vehicles and Auto Allowance:

Members Other Than Police Captains: Members Employees in the following assignments and Police Captainsclassifications shall be provided with allowed to take a City a take home vehicle home under this provision:
▪ Traffic Sergeant
▪ Sergeant assigned to ISD
▪ Lieutenant assigned to ISD
▪ Police Captain
The vehicle is assigned to the member in the particular classification and not to the individual. Therefore, when If an employee member is no longer assigned to one of the above assignmentsseparates 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.

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.

Police Captains: The City Manager shall have the authority, but not the obligation, in his or her sole discretion, to provide an auto allowance or City-assigned vehicle to Police Captains.

Auto Allowance. In no event shall an auto allowance exceed three hundred and fifty ($350) per month.
(1) City-Assigned Vehicle. If the City Manager chooses to provide a City vehicle for the exclusive use of a Police Captain, the City will maintain and provide fuel for the vehicle at the City’s facilities. The vehicle shall not be operated by persons other than the assigned employee, except that other employees of the City may use the vehicle for official City business with the consent of the assigned employee. The City understands that sSince the Police Captains employee will remain on-call at all times, the take home vehicle may be used for personal as well as official business; provided, however, the vehicle shall never be used for personal use outside of the seven Southern California counties consisting of San Bernardino, Riverside, Orange, Los Angeles, San Diego, Ventura and Santa Barbara.
(2) Mileage Reimbursement. If the City Manager chooses not to provide an auto allowance or assigned vehicle to a Police Captain, the employee may submit reimbursement requests for mileage used in a personal vehicle for official City DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
business. The reimbursement rate shall be the I.R.S. allowable rate, and all reimbursements and documentation supporting the same shall be in accordance with City policy.

SECTION 3.17 MEAL PERIOD / CODE 7 TIME
Employees receive a paid meal period 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 promoted to a higher classification shall be subject to a six-month probationary period. If an employee is rejected from probation 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 during probation. 2) The employee was unable to work due to an 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.

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 HOLIDAY SCHEDULE:

SECTION 5.1 – HOLIDAYS:

The following Holidays are established and shall be observed by all unit members:

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

3. Third Monday in February, President's Day

4. Last Monday in May, Memorial Day

4.5. Juneteenth, June 19th

5.6. July 4, Independence Day

6.7.First Monday in September, Labor Day
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7.8. November 11, Veterans Day

8.9.Fourth Thursday in November, Thanksgiving Day

9.10. Friday immediately after Thanksgiving Day

10.11. December 24, Christmas Eve

11.12. December 25, Christmas Day

12.13. December 31, New Year’s Eve

13.14. Every day appointed by the President, or 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.

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

SECTION 5.2 HOLIDAY ACCRUAL FOR MEMBERS OTHER THAN POLICE CAPTAINS:PAYMENT AND/OR ACCRUAL OF ANNUAL LEAVE FOR

CERTAIN HOLIDAYS FOR POLICE SERGEANTS AND LIEUTENANTS
On the holidays listed above, 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). 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 will receive holiday pay for the shift and may use annual leave or compensatory time to cover any hours scheduled above ten (10) for the shift.

Except for the six holidays listed below, if the employee works on the holiday, and it is their regularly scheduled day to work 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 the employee works on the holiday and it is their regularly scheduled day off, they shall be compensated with time and one half for actual hours worked and accrue Annual Leave up to a maximum of ten (10) hours.

If an employee does not work on the holiday, and it is their regularly scheduled day off they shall accrue Annual Leave for the number of hours of their regular work shift up to a maximum of ten (10) hours.

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. 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.

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 regularly scheduled work shift begins on one of these holidays, the employee shall be paid time and one-half (1.5) for the hours worked on that entire shift.

B. If an employee’s regularly scheduled work shift begins before one of these holidays, but that same shift continues into the holiday, the employee 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 is not regularly scheduled to work on the holiday, but is called in, agrees to work for another employee, is held over or otherwise ordered to work a shift that begins on one of these holidays, the employee shall be paid double time for the hours worked on that entire shift.

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D. If an employee is not regularly scheduled to work on the holiday, but is called in, agrees to work for another employee, is held over or otherwise ordered to work a shift that begins before one of these holidays, but that same shift continues into the holiday, the employee 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.

The City will account for holiday usage in accordance with the following:

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.

Employees of the unit shall be paid premium pay (time and one-half) for all hours worked on the Christmas Day and Thanksgiving Day Holidays. 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.

If a Member’s regularly scheduled work shift begins on one of the designated holidays listed below, the Member shall be paid time and one-half (1.5) for the hours worked on that entire shift. If a Member’s regularly scheduled work shift begins before one of the designated holidays listed below, but that same shift continues into the designated holiday, the Member shall be paid time and onehalf (1.5) only for the hours worked on that holiday. If a Member is not scheduled to work, but is called in, agrees to work for another Member, or is held over or otherwise ordered to work a shift that begins on one of the designated holidays listed below, the Member shall be paid double time for the hours worked on that entire shift. If a Member is not regularly scheduled to work, but is called in, agrees to work for another Member, or is held over or otherwise ordered to work a shift that begins before one of the designated holidays listed below, but that same shift continues into the designated holiday, the Member shall be paid double time only for the hours worked on that holiday.

January 1st, New Year’s Day July 4th, Independence Day
Fourth Thursday in November, Thanksgiving Day December 24th, Christmas Eve December 25th, Christmas Day December 31st, New Year’s Eve SECTION 5.3 HOLIDAYS ACCRUAL FOR POLICE CAPTAINS:

For all of the holidays, Police Captains shall either observe the holiday by not working (if the holiday falls on a regular workday), or shall accrue teneight (108) hours of Annual Leave if the holiday falls on a regularly scheduled non-work day. For pay and accrual purposes, a “holiday” for Police Captains is eight (8) hours. Police Captains who work on holidays shall be paid for the workday are compensated for the holiday and also accrue teneight (108) hours of Annual Leave.

ARTICLE __ – COMPASSIONATE LEAVE
Compassionate Leave: Paid leave for up to (5) days, not to exceed 40 hours, 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 ACCRUAL OF ANNUAL LEAVEANNUAL LEAVE:

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.

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6.1.1 Accrual of Annual Leave Hours:

A nnual Leave Accrual Rate: Each biweekly pay period, prorated Annual Leave hours earned are posted to each eligible employee's account 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 2.4.

Police Sergeants: Effective the first full pay period following November 6, 2019, CPSA members employed in the position of Police Sergeants shall accrue Annual Leave as follows:
based on the following formula:

YEARS OF

SERVICE

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
Police Lieutenants: Effective the first full pay period following November 6, 2019, CPSA members employed in the position of Police Lieutenants shall accrue Annual Leave as followsbased on the following formula:

YEARS OF

SERVICE

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
210-254 210 hrs 8.07
More than 25+ 190 hrs 7.29
Police Captains: Effective the first full pay period following November 6, 2019, CPSA members employed in the position of Police Captains shall accrue Annual Leave as followsbased on the following formula:

YEARS OF

SERVICE

WITH THE
CITY

ANNUAL ACCRUAL ACCRUAL

PER PAY PERIOD
1-5 years 216 hrs 8.31
6-8 years 232 hrs 8.92
9-15 years 256 hrs 9.84
16 -2019 years 296 hrs 11.38
210-254 years 236 hrs 9.07
More than 25+ years 216 hrs 8.30
The above charts 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 DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
on leave
(A) H ours 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. (B) Former Sick Leave Accounts (Frozen Sick Leave): These accounts are frozen and heldin 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.

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 80 hours or less; or b. The unit member has been off “sick” for more than four (4) consecutive workdays or 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 the employee has. If the unit member has used a total of 75 hours of Annual Leave within the proceed 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.

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

SECTION 6.2 – EMPLOYEES ON INITIAL PROBATION:

Annual Leave During 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 full-time 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 onehalf 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.

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SECTION 6.3 – USE OF ANNUAL LEAVE:
a. 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 a supervisor that the employee will not be coming to work that day. If the employee is unable to reach a supervisor by phone, the employee may contact dispatch who shall create a call and send it to the on-duty Watch Commander.
b. 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 an employee exhausts 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. c. 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.

6.4.1 Maximum Accrual of Annual Leave – Conversion above 624 Hours or Deferred Compensation:

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) or Roth IRA, 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.

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 or Roth IRA. Contributions of Annual Leave to the 457(b) plan may not cause the employee to exceed the maximum annual deferral DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
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 must make this election by November 15, 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 pay period that includes December 15th.

In addition to the above, starting in calendar year 2022, 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 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.

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

6.4.5 Option to Use Annual Leave at Retirement
An employee who has informed the City of their retirement has the option to delay the 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..

6.1.2 Separation:

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

Alternatively, employees 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 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 457(b) limitations will be paid to the employee in cash.

6.1.3 Unpaid Leave:

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

6.1.4 Maximum Accumulation:

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Each year, as of the end of the pay period which includes December 31st, an employee, other than Police Captains, shall have no more than a maximum of 624 hours in his or her Annual Leave account. Police Captains shall have no more than a maximum of 584 hours in his or her Annual Leave account.

Accumulated Annual Leave in excess of 624 hours, or 584 hours for Police Captains, in an employee’s account at the end of the 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.

6.1.5 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.

6.1.6 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.

6.1.7 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 anAnnual LeaveBuy-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.

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
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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 last full pay period of the BuyBack 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 buyback payment.

For example, if an employee submits an Annual Leave Buy-Back Request 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 buyback 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 Buy-Back 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 Buy-Back Period.

6.1.8 Frozen Sick Leave at Separation:

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

Police Captains who resign from the City with a minimum of twenty (20) years of service with the City shall be eligible to receive three percent (3%) of the Frozen Sick Leave for each year of service with the City. Payment shall be calculated at the employee's hourly base pay 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. Police Captains who leave City service for any reason with a minimum of twenty-five (25) years of service with the City shall be eligible to receive one hundred percent (100%) of their Frozen Sick Leave account.

An employee has the option of cash payment or delay of date of retirement as the method of receiving unused Annual Leave and/or Frozen Sick Leave.

6.1.9 Annual Leave Accrual Rates for Holidays:

Police supervisors who work on holidays are compensated for the holiday at their rate of pay per MOU and will accrue Annual Leave equal to the number of hours according to their schedule.

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

SECTION 6.2 TERMINATION OR LEAVE NOTIFICATION:

The City Human Resources Department will notify the unit upon a member's termination or leave of absence.

SECTION 6.3 FAMILY MEDICAL LEAVE ACT:

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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 EXECUTIVE LEAVE:

SECTION 6.4 EXECUTIVE LEAVE:

Police Captains who are exempt from overtime under the Fair Labor Standards Act (FLSA) shall have the ability to use Executive Leave.

SECTION 7.1 ACCRUAL OF EXECUTIVE LEAVE
Accrual of Executive Leave: Police Captains accrue Executive Leave accrue twenty-seven (27) hours of Executive Leave per quarter (July 1 – September 30, October 1 – December 31, January 1 – March 31 and April 1 – June 30) based on a fiscal year. Up to eighty (80) hours of Executive Leave not used by the last day of the last pay period ending in June or scheduled to be used (by that same date) by June 30 of each fiscal year will carry over to the next fiscal year. As permitted by Labor Code section 227.3, any Executive Leave in excess of eighty (80) hours (i.e., since employees can accrue twentyseven (27) hours per quarter, they accrue 104 hours per fiscal year) not used by the last day of the last pay period ending in June or scheduled to be used (by that same date) by June 30 of each fiscal year will not carry over to the next fiscal year and will be lost as part of the last payroll period of the fiscal year. Employees will start each new fiscal year with a new accrual of 27 hours of Executive Leave as well as any Executive Leave hours (up to 80 hours) carried over from the prior fiscal year.

Executive Leave cannot be cashed out, as it has no cash value.

Employees who become eligible for Executive Leave in the middle of a quarter (i.e., they are hired or promoted into CPSA in the middle of a quarter) shall earn 4.16 hours of Executive Leave per pay period until the end of the quarter. At the beginning of the next quarter, they shall accrue 27 hours of Executive Leave.

SECTION 7.2 USE OF EXECUTIVE LEAVE
A. Executive Leave must be used in one (1) hour increments. Police Captains must request and obtain approval from the Chief of Police to use Executive Leave as they would request Annual Leave. Requests will be approved if the department’s schedule can accommodate the request.

B. Police Captains shall only use Executive Leave hours that have been previously accrued during the fiscal year. Police Captains shall not be permitted to have a negative balance in their Executive Leave hour balance or use Executive Leave they have not yet accrued.

C. Executive Leave cannot be donated to another employee.

D. Police Captains cannot use unused Executive Leave upon separation from employment or retirement, in order to extend the employee’s date of separation or date of retirement.

The City will provide executive leave for Police Captains in lieu of other compensation for overtime. Effective April 1, 2016, Police Captains shall be granted Executive Leave of one hundred eight (108) hours during any fiscal year regardless of the employee’s particular work schedule. Employees who become entitled to Executive Leave in the middle of a fiscal year shall begranted a pro-rated amount of hours. Executive Leave has no cash value at any time and any Executive Leave which is unused as of the last payroll period of any fiscal year does not carry over to the next fiscal year. The City Manager shall approve and issue an administrative policy that sets forth, in a manner that implements the purpose of Executive Leave while valuing DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
public resources, the details on the accrual rate for Executive Leave and the guidelines for using accrued Executive Leave.

ARTICLE VIII NO SMOKING POLICYOR VAPING:

Employees are prohibited from smoking tobacco products or vaping on duty or in City facilities and vehicles at any time. .The City and CPSA 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 Chapter

8.02. ARTICLE IXVIII NO STRIKE CLAUSE/CONCERTED ACTIVITIES:

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.

During the life of this MOU, CPSA will not cause, authorize, advise or encourage any interruption of work.

The term "interruption of work" shall mean any work stoppage or strike. (including economic and unfair labor practice strikes) or any intentional slowdown of work. The term "other concerted action" includes picketing or boycott activities by CPSA.

There shall be no refusal to work on, handle, or produce any materials or equipment because of a labor dispute. In the event of an interruption of work, CPSA agrees to immediately advise all of its members not to participate.

Any employee found to have engaged in any action prohibited by this article should be subject to immediate discharge or such other discipline as the City may access. Such discharge or discipline shall not be reviewable through any grievance procedure.

The City and CPSA agree that the City may withdraw any rights or privileges provided by the City to CPSA in the event this provision is violated.

ARTICLE IX OVERTIME:

SECTION 10.1 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 to Police Sergeants and Police Lieutenants per the provisions of this Article of the MOU
SECTION 10.2 WORK SCHEDULES:

Employees in the CPSA shall work a 4/10 work schedule, except Sergeants assigned to Patrol, who shall work a 3/12.5 work schedule.

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.

Sergeants assigned to a 3/12.5 work schedule shall work three consecutive shifts of 12.5 consecutive hours each (inclusive of a paid 45-minute meal period and paid breaks) each week 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 shifts. This will ensure that DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
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.

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 10.3 CALCULATION OF OVERTIME FOR POLICE SERGEANTS AND POLICE LIEUTENANTS:

Police Sergeants and Police Lieutenants are non-exempt employees entitled to receive overtime.

However, per this MOU they qualify for MOU overtime. Police Captains are also exempt employees.

They are not entitled to either receive overtime, but do receive Executive Leave per this MOU.

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 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 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.

SECTION 9.1 OVERTIME AUTHORIZATION:

The City will pay time and one-half for overtime authorized when any member of the unit works over 40 hours per week, when that additional time is for replacement of another sergeant or lieutenant who is on Annual Leave, or on a required training status. Annual Leave and Holidays are considered hours worked. 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 10.49.2 "COMPENSATORY TIME":

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10.4.1 Earning Compensatory Time Off:

Police Sergeants and Police Lieutenants working overtime shall receive either pay or compensatory time off (CTO), at the employee’s option. 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, shall be paid in cash at the applicable overtime rate.

10.4.2 Using Compensatory Time Off:

A Police Sergeant and Police Lieutenant 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”. 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.

10.4.3 Cashing Out Compensatory Time Off:

Police Sergeants and Police Lieutenants 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.

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 up to 160 hours of accrued compensatory time off 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 total amount the employee elected to cash out 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.

Police Sergeants and Police Lieutenants 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.

SECTION 10.5 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 10.6 – ACCRUATELY REPORTING TIME WORKED:

Employees are required to accurately report all time worked on their time sheets. Police Sergeants and Police Lieutenants 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. 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:
0-7 Minutes = No additional time should be recorded
8-22 Minutes = one quarter of an hour
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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.

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.

ARTICLE XI COMPENSATIONSALARY:

SECTION 110.1 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 classification shall be assigned a salary range. An employee may advance annually within the salary range. An employee whose overall performance rating is “Satisfactory“ or better shall be advanced one or more steps 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 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.

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Each position shall be assigned a salary range. An employee may advance annually within the salary range. An employee who receives an overall performance rating of “satisfactory” or better from his/her supervisor shall be advanced a minimum of 5%, up to top of the range.

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 CPSA 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 CPSA 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 positions in the CPSA 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 CPSA 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 CPSA 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 CPSA 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 ADJUSTMENTS:

Historically, adjustments have been made with the intent of keeping CPSA’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 Corona Police Supervisors 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 CPSA agree to meet and collect total compensation data within 60 days prior to the end of this agreement. The City and CPSA agree that total compensation shall consist of the following categories: wages, any social security (FICA) benefits (including Medicare) which would normally be the responsibility of the employee, retirement benefits, health care premiums (including medical, dental, optical, or other), reimbursement programs for medical expenses deferred compensation amounts paid by the City longevity payments, and any other payments made by the City which may be agreed to at a later date by the City and CPSA.

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 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 parties agree to meet and confer over the results of thesurvey.

SECTION 110.23 COMPACTION ADJUSTMENTS:

The parties agree that the top of the base salary range of Police Sergeant shall be at least twenty percent (20%) higher than the top of the base salary range of The City will assure CPSA that the salary range for sergeants will at all times be greater than the highest paid non-supervisory sworn classificationpersonnel within the Police Department (currently the classification of Police Detective). by at least 20 % exclusive of assignment compensation. The parties agree that the top of the base salary range of Police Lieutenant shall be at least twenty percent (20%) higher than the top of the base salary range of Police Sergeant. In evaluating compaction, only the top step of the base salary range will be evaluated, no additional forms of compensation. The salary range for lieutenants will DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
at all times be greater than the sergeant position by at least 20 %. Adjustments to accommodate this agreement will effect only those employees directly involved, e.g., should it be necessary to restore the minimum differential for the sergeant over the highest paid non-CPSA member, all CPSA members in the supervisory ladder in the Police Department would be adjusted accordingly in the same pay period in which the non-CPSA member’s salary change occurred.

If at any time in the future, the City agrees to provide an increase to the highest paid non-supervisory sworn classification within the Police Department (currently the classification of Police Detective), if the increase results in the differential between that classification and Police Sergeant (at top step base salary) being less than twenty percent (20%), at the same time the increase is provided to that classification, the Police Sergeant will receive a base salary increase so that the differential is exactly twenty percent (20%). Similarly, if at any time in the future, the classification of Police Sergeant receives an increase in base salary such that the differential between the top step base salary of Police Sergeant is less than from the top step of Police Lieutenant, at the same time the increase is provided to that the Police Sergeant, the classification of Police Lieutenant will receive a base salary increase so that the differential is exactly twenty percent (20%). Compaction adjustments will be granted at the time compaction occurs (not including retroactivity) and shall be part of the next agreed-to increase in the event compaction occurs prior to a date of an agreed-to increase for police supervisors.

Compaction will not result from certification bonuses, educational bonuses, assignment pay, or anything other than base pay. Base pay is defined as the rate of pay for a classification as provided for in the City's Salary Range Schedule.

SECTION 110.34 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 “1” step or higher) in the salary range of the new classification. The step shall result in an increase of at least five percent (5%) to the employee.

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 12.1 (as well as any additional assignment pays to which the parties agree) with the following exceptions:
 D. Field Training Officer pay;, F.
 Investigative Unit assignments that are not continuous and/or are designed to last one year or less; and in duration, and any
 tTemporary assignment pay for duties that are not continuous and are under designed to last one year in duration or less.

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 assignments listed in Article XI SPECIAL COMPENSATION, Section 11.1.

In no case will the employee’s salary step placement pay 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.

ARTICLE XII ADDITIONALSPECIAL COMPENSATION:

SECTION 121.1 HAZARD AND ASSIGNMENT PAY FOR POLICE SERGEANTS:

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 DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
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. In maintaining consistency with Article XI Section 11.1 of the CPE Memorandum of Understanding, Tthe City shall agrees to pay an additional five percent (5%) above of base pay to non-probationary sergeants assigned to work in the following assignmentscapacities:

A. Any employee assigned to a task force or specialized team assigned by the Chief of Police B. Relief Watch Commander
C. Traffic Division
D. FLEXSpecial Enforcement Team
E. Investigative Services Division
F. Professional Standards Unit
G.FSD Captain’s Adjutant
H. Personnel and Training Sergeant
SECTION 121.2 COURT ASSIGNMENT PAY:

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 his or her employment, overtime compensation, in either cash or compensatory time off at the employee’s option for time spent in attendance, with a minimum compensation payment of four (4) hours. For the purpose of this section a member is considered in attendance when he or she is en route to court. Officers 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, a member contacts the district attorney, the subpoena clerk, or police department supervision, and his/her immediate attendance in court is not requested; 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 standby pay, to receive compensatory time off (CTO) 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.

Employees who are required to appear and/or testify in connection with work-related matters outside of their scheduled work hours, (pursuant to a lawful subpoena relating to events occurring during the course and scope of their employment), shall receive overtime compensation for the actual time of their appearance, with a minimum of four (4) hours of overtime. Employees may choose to be paid or receive CTO. A member is considered in attendance when they are enroute to and from court.

Employees will be paid based on actual travel time to and from 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 contacts (or is contacted by) the district attorney, the subpoena clerk, or police department supervision, and their immediate attendance in court is not requested; they 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 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 DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
session.

SECTION 121.3 LONGEVITY PAY:

In recognition of unit 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 members employees who qualify under the following schedule will receive one twenty-sixth (1/26th) of the following amounts paid biweekly as part of the regular payrollas of September 1st of each year:

Police Sergeants:

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: $7,041.00
After twenty-five (25) years of service: $8,371.00
Police Lieutenants:

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: $8,216.00
After twenty-five (25) years of service: $9,840.00
Police Captains:

After five (5) years of service: $2,600.00
After ten (10) years of service: $4,000.00
After fifteen (15) years of service: $5,400.00
After twenty (20) years of service: $7,715.00
After twenty-five (25) years of service: $9,620.00
It is agreed that longevity pay 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 121.4 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 provided to the Human Resources Department each quarterlisting 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 Compensatory Time Off, Administrative Leave or Wworkers’ Ccompensation 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.

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SECTION 121.5 P.O.S.T. CERTIFICATION PAY:

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

1. For Police Sergeants and Police Lieutenants, three percent (3%) of base pay for earning an Intermediate POST Certificate.

2. For Police Sergeants and Police Lieutenants, eight percent (8%) of base pay for earning an Advanced POST Certificate. POST certificates are not cumulative. The employee shall receive the highest pay for which they are qualified.

3. For Police Captains, three percent (3%) of base pay for earning a Supervisory level POST Certificate.

4. For Police Captains, eight percent (8%) of base pay for having earned a Management level POST Certificate. The two POST certificates are not cumulative. The employee shall receive the highest pay for which they are qualified.

The City will provide an increase of 5% (five percent) of base pay for those members, other than Police Captains, who obtain a P.O.S.T. Advance Certificate.

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

The City will provide an increase of five percent (5%) of base pay for Police Captains who obtain a management level P.O.S.T. certificate. Effective July 2007, the City will also provide an increase of three percent (3%) of base pay for Police Captains who obtain a supervisory level P.O.S.T. certificate.

SECTION 121.6 SPANISH LANGUAGE AND BILINGUAL PAY:

The City shall pay four percent (4%) of base pay to employees 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 who demonstrateing the ability to both understand and effectively communicate in Spanish Spanish or American Sign or another language other than English that the City ManagerPolice Chief has determined is appropriate. necessary for the effective or efficient operation of the City. 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.

The bilingual pay program provides an increase of 4.0% for Police Captains who are able to demonstrate the ability to both understand and effectively communicate in a language other than English that the City Manager has determined is necessary for the effective or efficient operation of the City. For a given language, the number of employees necessary for the effective and efficient operation of the City and thus eligible to receive bilingual pay will be determined by the City Manager or his or her designee. To be considered eligible for bilingual pay, a Police Captain must be certified by the Administrative Services Director after successfully passing an oral conversational and a written test established by the City Manager or his or her designee.

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 12.7 ACTING PAY:

An employee assigned to act in higher classification (one with a higher top step base salary) shall DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
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 a Police Sergeant assigned to act is currently receiving any pays provided for in Section 12.1, 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 121.87 PAY FOR POLICE CAPTAINS ASSIGNED AS ACTING OR INTERIM CHIEF OF POLICEWORKING OUT OF CLASS:

Police Captains who are assigned as the Acting or Interim Chief of Police, when assigned to perform the tasks of the Chief of Police for more than 40 shall be paid the higher of the first step of the salary range of the Chief of Police or seven and one half percent (7.5%) more than their current base salary. , when assigned to perform the tasks of a higher level position for more than forty (40) hours, not necessarily consecutively, shall be paid at the "first" step of the higher position's salary range or seven and one-half percent (7.5%) more than their current base salary, whichever is greater, for the entire time served in the higher position, except that in no case shall the salary paid to the employee working out of class be higher than "top" step of the position being worked. Employees whose job description duties state that they “act” in the absence of their supervisor do not qualify to receive out of class pay, unless that position is vacant and/or it is a long-term assignment in the discretion of the employee’s supervisor and the City Manager. In such a case, the employee should be placed in the position in an “acting” capacity by memo and not be paid out of class.

SECTION 123.97 UNIFORM ALLOWANCE AND BALLISTIC SAFETY VEST:
1)(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) Employees must have worked at least one day during the pay period in which Uniform Allowance is paid and must be on the City payroll (or on Annual Leave, Compensatory Time Off, Administrative Leave or Workers’ Compensation status) on the day Uniform Allowance is paid in order to receive it.

An employee shall not be paid their uniform allowance if on an unpaid (i.e., did not use Annual Leave) leave of absence that is non-industrial for the entire pay period and do not work during that pay period. Employees who resign, retire, or otherwise terminate employment prior to the date the uniform allowance is paid will not be entitled to a prorated payment. 2) 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 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 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 uniform allowancebenefit is paid will not be entitled to a prorated payment. 3)(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 COMPRESSED WORK WEEK SCHEDULE:

The City and CPSA 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, DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
however, that the City agrees to meet and confer with CPSA 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 CPSA 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 SEVERABILITYPRIOR AND EXISTING CONDITIONS:

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.

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.

Except as herein modified, there shall be no change in wages, hours, working conditions, or previously DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
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 held 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 not be affected thereby and the parties shall enter into immediate negotiations for the purposes 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 may seek 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 remaining period of this MOU, 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, and the provisions of this MOU shall remain in force until the successor MOU is approved.

ARTICLE XV BEGINNING OF NEGOTIATIONS:

The City and the members of the Corona Police Supervisors 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 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; DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2

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 re-opener 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:

CPSA 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 the work force performing those services in all respects subject to this MOU.

The City Manager and department heads have and will continue to retain exclusive decision making authority on matters not specifically and expressly modified by specific provisions of this Memorandum, and such decision making shall not be in any way, directly or indirectly, subject to the grievance procedure.

The exclusive rights of the City shall include, but are not 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.

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 CPESA 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.

2. Step One (Department) – Employee or Association
a. The grievant or their representative shall present the grievance in writing to the Police Chief within sixty (60) calendar days of the occurrence giving rise to the grievance or the time within which the grievant (either the employee or CPESA) knew or should have known of the occurrence.

The grievance must state the Article and Section of the MOU alleged to be DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
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.
b. Within seven (7) calendar days of the submission of the grievance, the Police Chief, or designee, shall meet with the grievant and the grievant's representative, if any. Within seven (7) days of the meeting, the Police Chief or designee shall provide a written decision regarding the grievance and send it to the grievant.

3. Step Two - Chief Talent Officer
a. If the grievant is not satisfied that the grievance was resolved at step 2, the grievant or their representative shall present the grievance in writing to the Chief Talent Officer within ten (10) calendar days of the response from the 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 representative 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.

4. Step Three (Advisory 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 Officer in writing within fifteen (15) calendar days following receipt of the written decision from the Chief Talent Officer that the matter is being appealed to advisory arbitration.
b. The Chief Talent Officer, within ten (10) 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 make the first strike. .
c. The arbitrator will conduct an arbitration in such manner as they deem appropriate, provided however, each party shall have the right to make opening statements, examine and cross examine witnesses and introduce evidence.
d. Within 45 calendar days of conclusion of the arbitration, the arbitrator will issue an advisory recommendation to the City Manager, and the parties.

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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. 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. A 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 deadlines of a timely filed grievance, it shall be deemed abandoned.

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.

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

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.

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

2. 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:

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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. 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. Written warnings shall be discarded at the end of 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.

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
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, be transferred for purposes of punishment, demoted or discharged, the employee shall:

1. Receive written notice of the intended action at least ten (10) 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 DocuSign Envelope ID: 5D452345-787F-4D39-9DF8-D30EAE8BFA31 CA\JR\09000.20700\10228438.2
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.

5. Be given the written decision of the Police Chief 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 Not Covered by the 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 arbitrator to hear the appeal. 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’ representatives
c. The Arbitrator’s Decision: The arbitrator shall issue their advisory recommendation within thirty (30) calendar days from the conclusion of the hearing. d. The City Manager’s Role: Within thirty-five calendar 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.
e. Right to File In Court: The employee 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.

3. Appeals Procedures Informal Process
The Informal Hearing Procedure, as opposed to the formal procedures, will be used for written reprimands.
a. Appeal to the Police Chief
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(1) An employee who receives a written reprimand may appeal the action to the Police Chief . The appeal is an opportunity for the employee to present information and arguments why a punitive action should not occur or offer alternatives to the action. (2) Notice of Appeal: Within ten (10) calendar days of receipt by an employee of the reprimand, the employee shall notify the Police Chief in writing that they intend to appeal the punitive action. .
(3) Hearing Officer: The Police Chief 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 shall serve as the hearing officer. The hearing shall take place within twenty (20) calendar days of the date the employee 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 rules of privilege shall be observed.
(2) The parties may present arguments through documents and statements. (3) Following the presentation of material and statements, the involved parties may submit closing arguments orally for consideration by the hearing officer. (4) 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:

Date:
11/23/2019
11/27/2019
Jason Perez
Association President
Jim Auck
Unit Negotiator

Corona City CouncilMarch 2, 2022

Corona City Council
March 2, 2022