Agenda packet — Costa Mesa City Council, September 16, 2025 (part 3 of 5)

also resulted in a parking surplus at the site, therefore increasing flexibility at the sites for future uses.

Benefits of a More Accurate Shared Parking Table

Updating the Shared Parking Requirements ensures that parking supply in Costa Mesa meets parking demand and aligns with current development patterns, supports economic vitality, and promotes efficient land use. Key benefits include:

• Maximized efficiency – Aligns parking supply with actual demand, reducing overbuilt parking while accommodating peak use periods. • Optimized land use – Frees property area for revenue-generating uses, public amenities, or landscaping.
• Economic development – Expands the variety of businesses that can operate without costly parking deviations, fostering a business-friendly environment. • Data-driven decisions – Uses current, industry-standard data to provide predictable, transparent parking requirements for applicants and staff. • Cost savings – Lowers maintenance and construction costs for parking infrastructure.
• Support for mixed-use and adaptive reuse – Facilitates redevelopment and revitalization of existing properties in line with General Plan goals.

GENERAL PLAN CONFORMANCE

The proposed amendments are in conformance with the City’s General Plan, including:

• The Land Use Element identifies shared parking as a manner in which the City can more productively use space, conserve land resources, and allow other uses for that space which add vitality to our urban areas (LU-16 Mixed-Use Districts).

• Policy LU-6.2 “Continue to promote and support the vitality of commercial uses to meet the needs of residents and that support regional -serving commercial centers.” General Plan specifically states that shared parking supports the vitality of commercial properties by conserving land resources by reducing the space required for parking.

• Policy LU-6.7 “Encourage new and retain existing businesses that provide local shopping and services.” If space within a property does not need to be used for 454
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parking they it may be leveraged to provide additional space for commerce or uses that attract commerce.

• Policy LU-6.19 “ Provide flexibility and support for development of residential, office, small retail centers, and similar uses that would serve residents and would also benefit from the high visibility along major corridors outside of significant commercial or industrial nodes.” Providing a more accurate shared parking requirements table allows for more flexibility on how any property might be developed and updating the shared parking table further supports not only mixed-use development but also adaptive reuse of existing centers.

The proposed shared parking requirements would continue to allow for orderly, high- quality development within Costa Mesa and encourage economic growth in the community. The updated requirements also provide allowances for the development and redevelopment of properties to encourage new and existing businesses to operate within Costa Mesa.

ENVIRONMENTAL DETERMINATION

The proposed amendment has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff recommends that the updated shared parking data be found exempt from the provisions of CEQA under Section 15061(b)(3) Common Sense Exemption, which applies when it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment. The proposed amendment qualifies for this exemption because;

The proposed amendment does not establish any new regulatory framework. The shared parking table already exists in the City’s Municipal Code and is a long-standing tool used to calculate parking demand. The update simply refines the existing table by revising the hourly distribution of parking demand and expanding the list of uses to reflect current development practices. These refinements improve the accuracy of parking demand calculations without altering the underlying methodology.

By increasing accuracy, the amendment reduces the risk of either underestimating or overestimating parking needs, thereby minimizing the chance of indirect impacts such as spillover parking, unnecessary construction of surplus parking, or related transportation and greenhouse gas concerns. Importantly, the amendment does not change what land uses are permitted, the allowable floor area, or the required parking ratios. Development potential continues to be constrained by existing Floor Area Ratio standards a nd the City’s Land Use Matrix. Furthermore, the parking ratios are not relaxed but only change the distribution of demand. Thus , the maximum parking ratios remain unchanged .

Therefore, there is no new construction or physical change to the environment resulting from this amendment.
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Because the amendment only improves the precision of an existing analytical tool without expanding development capacity or creating new physical impacts, the amendments will reduce potential impacts compared to the existing table. This includes fewer unnecessary surface lots, which means less impervious surface, stormwater runoff, and heat island effect. There would also be fewer spillover parking issues in neighborhoods due to less traffic circulation and emissions from providing a more efficient supply of parking that also allows for more space for the potential of pedestrian or bicycle paths of travel, or increases in landscape area. This is all substantiated by the case studies we provide within the analysis.

Based on this evidence, it can be seen with certainty that there is no possibility that the amendments may have a significant effect on the environment, and therefore, is exempt from further review under CEQA Section 15061(b)(3).

ALTERNATIVES

The Planning Commission has the following alternatives:

1. Recommend City Council approval with modifications. The Planning Commission may recommend approval with modifications to the amended Shared Parking Requirements. Modifications would be forwarded to City Council for consideration.

2. Recommend that the City Council not adopt the updated Shared Parking Requirements. The Planning Commission may recommend that the City Council not adopt the proposed amendments to the Shared Parking Requirements. If the proposed amendment is not supported the existing shared parking requirements table will continue to be used with its current use offerings and hourly distributions.

3. Continue the Item. The Planning Commission may continue the item to a date certain with direction for staff to return with additional information, changes and/or clarifications for Planning Commission consideration. If the item is continued, it will not continue to the City Council with the other technical code clean-up items which are scheduled for the regular City Council meeting of September 16, 2025.

NOTICE

Pursuant to G overnment Code Section 65854(a), a 1/8th page public notice was published once in the Daily Pilot newspaper no less than 20 days before the July 28, 2025, public hearing for the technical code update, which the shared parking requirements update was item 11 of 11. As the Shared Parking Requirements were continued to a date certain, August 25, 2025, on July 28, 2025, during the Planning Commission hearing, additional public notice was not necessary. 456
-11-

CONCLUSION

The updated Shared Parking Requirements provide updated data to reflect current parking trends to improve the accuracy of parking demand projections. These updates are intended to maximize parking efficiency, improve land utilization, attract new businesses to the City, streamline review processes, and encourage new development and revitalization of existing development in the City.

ATTACHMENTS

1. Draft Planning Commission Resolution

2. Draft City Council Resolution

3. Existing Shared Parking Requirements

4. Proposed Shared Parking Requirements
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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-438 Meeting Date: 9/16/2025
TITLE:

ADOPTION OF AN ORDINANCE ADDING CHAPTER XVI (PROHIBITION ON SALE OR DISTRIBUTION OF NITROUS OXIDE) TO TITLE 11 (OFFENSES-MISCELLANEOUS) OF THE

COSTA MESA MUNICIPAL CODE TO ESTABLISH REGULATIONS PROHIBITING THE

UNLAWFUL SALE OR DISTRIBUTION OF NITROUS OXIDE IN THE CITY DEPARTMENT: POLICE DEPARTMENT
PRESENTED BY: JASON CHAMNESS, CAPTAIN
CONTACT INFORMATION: JASON CHAMNESS 714-754-5272
RECOMMENDATION:

Staff recommends the City Council adopt Ordinance No. 2025-xx, adding Chapter XVI (Prohibition on Sale or Distribution of Nitrous Oxide) to Title 11 (Offenses-Miscellaneous) of the Costa Mesa Municipal Code to establish regulations prohibiting the unlawful sale or distribution of nitrous oxide in the City.

BACKGROUND:

The City of Costa Mesa Municipal Code does not currently have an ordinance that would prohibit the sale and distribution of Nitrous Oxide.

On September 2, 2025, a first reading of a proposed ordinance adding Chapter XVI (Prohibition on Sale or Distribution of Nitrous Oxide) to Title 11 (Offenses-Miscellaneous) were presented to City Council. City Council approved moving the ordinance forward by a vote of 7-0 with no amendments.

ANALYSIS:

This ordinance is being presented for final adoption.

The proposed ordinance would add a new Chapter XVI (Prohibition on Sale or Distribution of Nitrous Oxide) to Title 11 (Offenses - Miscellaneous) of the Costa Mesa Municipal Code. The proposed ordinance makes it unlawful for any person to sell, attempt to sell, offer, distribute, or otherwise provide to any person nitrous oxide, a device to dispense or administer Nitrous oxide, or any device that contains any quantity of nitrous oxide. This ordinance does not apply to those exceptions identified in 11-406 (Exceptions to Prohibition).

Costa Mesa needs this ordinance to preserve the safety and well-being of our most vulnerable

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File #: 25-438 Meeting Date: 9/16/2025
Costa Mesa needs this ordinance to preserve the safety and well-being of our most vulnerable community members (youth). This ordinance is a preventative measure that targets the root causes of a growing problem, while maintaining legitimate access for medical, industrial, and commercial use.

ALTERNATIVES:

City Council could elect not to pass the proposed ordinance, leaving law enforcement with fewer options to combat the growing trend of the illegal distribution and recreational use of nitrous oxide, absent future changes to State law.

FISCAL REVIEW:

There is no fiscal impact to the City for the approval of the recommended action..

LEGAL REVIEW:

The City Attorney’s Office has reviewed this report and approved it as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the City Council Goal: Strengthen the public’ssafety and improve the quality of life.

CONCLUSION:

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460

AN ORDINANCE OF THE CITY CO UNCIL OF THE CITY OF COSTA

MESA, CALIFORNIA, ADDING CHAPTER XVI (PROHIBITION ON SALE OR DISTRIBUTION OF NITROUS OXIDE) TO TITLE 11 (OFFENSES—

MISCELLANEOUS) OF THE COSTA MESA MUNICIPAL CODE TO ESTABLISH

REGULATIONS PROHIBITING THE UNLAWFUL SALE OR DISTRIBUTION OF NITROUS OXIDE IN THE CITY.

WHEREAS, the City of Costa Mesa (City) is empowered pursuant to California Constitution, article XI, section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, Nitrous Oxide is an odorless, colorless chemical that can be inhaled for legitimate purposes associated with medical or dental procedures in a clinical setting, and is legitimately used for industrial purposes and as a propellant for food products; and
WHEREAS, Nitrous Oxide is also subject to recreational misuse and abuse, in part, because it is easy to purchase from retail vendors and relatively inexpensive; and WHEREAS, the recreational misuse and abuse of Nitrous Oxide can cause permanent vitamin deficiencies in the blood, and can cause long-term neurological effects, including paralysis and death; and
WHEREAS, the incidence of Nitrous Oxide recreational misuse and abuse has been on the rise both within the City and internationally over the past decade, with multiple medical studies noting significant increases in recreational misuse in the past five years, as well as a broader medical understanding of the long-term hematological and neurological impacts of Nitrous Oxide misuse and abuse; and WHEREAS, the City does not currently regulate the sale of Nitrous Oxide and finds and declares that in the absence of local regulation, Nitrous Oxide remains subject to significant risk of misuse and abuse through sale to individuals who intend to misuse or abuse the product; and
WHEREAS, the City desires to regulate the sale of Nitrous Oxide in order to preserve and protect public health and to dissuade sellers of Nitrous Oxide products from selling to individuals which they know or have reason to know intend to use the products for illegal purposes (i.e., recreational ingestion and/or inhalation).

WHEREAS, on February 25, 2025, the County of Orange Board of Supervisors adopted Ordinance No. 25-004, adding Division 19 to Title 3 of the Codified Ordinances of the County of Orange to prohibit the sale of nitrous oxide in the county, except when sold for culinary use, wholesale, for use in a vehicle, for the purpose of providing medical or dental care, or by a pharmacist. The ordinance was supported by the Orange County District Attorney, the Orange County Sheriff’s Department, and the Costa Mesa Police Department; and
WHEREAS, the City of Costa Mesa, pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (California Public Resources Code Section 21000 et ATTACHMENT 1
461
seq.) and State CEQA guidelines (Sections 15000 et seq.) has determined that the ordinance is not a “project” and further, that it is exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (because it can be seen with certainty that the adoption of this Ordinance will not have an effect on the environment) such that no environmental review under CEQA is required; and
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES ORDAIN AS FOLLOWS:

Section 1. Recitals. The City Council finds that all the recitals, facts and conclusions set forth above in the preamble of this Ordinance are true and correct.

Section 2. Chapter XVI (Prohibition on Sale or Distribution of Nitrous Oxide) of Title 11 (Offenses – Miscellaneous) of the Costa Mesa Municipal Code is hereby added as follows:

Chapter XVI. PROHIBITION ON SALE OR DISTRIBUTION OF NITROUS OXIDE 11-404. Definitions.

For purposes of this article, the following definitions apply.

A. "Device" means any cartridge, compressed gas cylinder, apparatus, container, balloon, attachment, nozzle, or other object used to contain, dispense or administer nitrous oxide.

B. "Nitrous oxide" means the colorless nonflammable gas sometimes identified as N2O, which is sometimes used in aerosols and sometimes used as an anesthetic, and which, when inhaled, produces loss of sensibility to pain, often preceded by exhilaration and laughter and often used as an anesthetic in dentistry. Nitrous oxide is often informally or colloquially referred to as "laughing gas," "NOX," "galaxy gas," "whippits," amongst others.

C. "Person" means any individual or legal entity however constituted or organized.

D. "Wholesale capacity" means sale of or distribution of nitrous oxide or a device to dispense nitrous oxide to a person that will use nitrous oxide or the device in service or products for resale. Examples include, but are not limited to, commercial sale of dentistry supplies to dentists or dentistry offices, commercial sale of devices for the use in food production or in a commercial kitchen, and/or commercial sale of nitrous oxide for the purpose of producing food products for commercial sale (e.g., whipped cream canisters). 11-405. Prohibition on Sale or Distribution of Nitrous Oxide Except as otherwise authorized by law or allowed under this article, it is unlawful for any person to sell, attempt to sell, offer, distribute or otherwise provide to any person nitrous 462
oxide, a device to dispense or administer nitrous oxide, or any device that contains any quantity of nitrous oxide.
11-406. Exceptions to Prohibition.

This article does not apply to the sale, attempt to sell, distribution, or other manner of providing nitrous oxide, or a device containing nitrous oxide, in the following exempt circumstances:

A. If the nitrous oxide is contained in a food product for use as a propellant.

B. If the nitrous oxide or device is being sold, attempted to be sold, offered, or distributed in a wholesale capacity, for uses similar to those described in subsection (D) section 11-404. This exemption only applies if the wholesaler does not know or have reason to know that the recipient intends to use the nitrous oxide or device in violation of section 11-405.

C. If the nitrous oxide or device that is being sold, attempted to be sold, offered, or distributed is specifically designed for use in a vehicle to enhance the performance of the vehicle, sold by a licensed retailer, and is flavorless.

D. If the nitrous oxide is being sold, attempted to be sold, offered, or distributed specifically for the purpose of providing medical or dental care, by or at the direction and under the supervision of, a medical or dental practitioner licensed by the State of California and in accordance with all applicable rules and regulations.

E. If the nitrous oxide or device is being sold, attempted to be sold, offered, distributed, or dispensed by a pharmacist, pharmacist intern, or pharmacy as defined by California Business & Professions Code§§ 4030, 4036, and 4037, as may be amended, in the course of their duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy.

F. Or any other circumstances exempted under law.

Any sales or distributions of Nitrous Oxide contemplated under this section shall comply with all documentation requirements set forth in California Penal Code §381e. 11-407. Violations and Penalties.
a. Any person who violates this chapter is guilty of a misdemeanor and upon conviction thereof may be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the County Jail for a period of not more than six (6) months or by both such fine and imprisonment. Each day any violation of any said provision of th is chapter shall continue shall constitute a separate offense.
b. Alternatively, violations may be addressed through the use of civil citations as set forth in Title 1, Chapter II (Civil Citations), Sections 1-34 et seq. 463
c. Use of criminal enforcement and/or administrative citations shall not prevent or preclude the City from seeking injunctive relief and civil penalties in court for violation of this article. This section shall not serve to limit any other legal remedies or actions that the City may have to address violations of this chapter.

A violation of this chapter is grounds for a revocation of a business license, if applicable, pursuant to Section 9-119 of the Costa Mesa Municipal Code.

Section 3. Environmental Compliance . Pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (California Public Resources Code Section 21000 et seq.) and State CEQA guidelines (Sections 15000 et seq.) the ordinance is not a “project” and further, that it can be seen with certainty that there is no possibility that the ordinance in question may have a significant effect on the environment, either directly or indirectly, and that therefore no environmental review under CEQA is required , pursuant to CEQA Guidelines Section 15061(b)(3).

Section 4. Inconsistencies. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies and no further, are repealed or modified to that extent necessary to affect the provisions of this Ordinance.

Section 5. Severability. If any chapter, article, section, subsection , subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each ch apter, article, section, subsection, subdivision, sentence, clause, phrase, word , or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional.

No portion of this Ordinance shall supersede any local, State, or Federal law, regulation, or codes dealing with life safety factors.

Section 6. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.

Section 7. Certification. The City Clerk shall certify the passage and adoption of th is Ordinance and shall cause the same to be posted or published in the manner as required by law.

PASSED AND ADOPTED this ___ day of _________, 2025.

_____________________________
John Stephens, Mayor

464

ATTEST: APPROVED AS TO FORM:

__________________________ ____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney

465

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-437 Meeting Date: 9/16/2025
TITLE:

RESOLUTION FOR EXCEPTION TO THE 180-DAY WAIT PERIOD PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21224, FOR THE REHIRE OF BATTALION

CHIEF WILLIAM KERSHAW
DEPARTMENT: CITY MANAGER’S OFFICE/HUMAN RESOURCES
PRESENTED BY: KASAMA LEE, HUMAN RESOURCES MANAGER
CONTACT INFORMATION: KASAMA LEE, HUMAN RESOURCES MANAGER (714) 754- 5169
RECOMMENDATION:

Staff recommends the City Council adopt by resolution the exception to the 180-Day Wait Period pursuant to Government Code Sections 7522.56 and 21224 (Attachment 1) to retain the services of retired Battalion Chief William Kershaw.

BACKGROUND:

William Kershaw retired from the position of Battalion Chief with the City of Costa Mesa effective September 9, 2025, after 37 years of service with the City. His continued services are necessary to carry out critical project needs related to the Fire Department’s operations.

ANALYSIS:

In anticipation of potential retirements, the Human Resources Division conducted a promotional recruitment to establish an eligibility list for the position of Battalion Chief. Battalion Chief Chris Coates retired in May, and a candidate was selected for the position in July. Another candidate was selected to replace Battalion Chief Kershaw and will start in September.

In addition to the retirements of both Chief Coates and Chief Kershaw, the Department is also preparing for the departure of Assistant Fire Chief Jonathan Neal in September. Battalion Chief Kershaw’scontinued services are needed to assist with the immediate and urgent need for project support at the management level.

Specifically, Battalion Chief Kershaw will assist with the following projects: Computer Aided Dispatch (CAD)/Records Management System (RMS) integration and updates including the recent changes to National Fire Incident Reporting System (NFIRS) & National Emergency Response Information System (NERIS), the Fire & Rescue Department’s Accreditation Process with Center for Public Safety Excellence (CPSE)/Commission on Fire Accreditation International (CFAI), radio frequency templates and programming support and the Emergency Communications Center (ECC/Dispatch)

Page 1 of 2 ends

466
File #: 25-437 Meeting Date: 9/16/2025
transition/integration in collaboration with the Costa Mesa Police Department.

Section 7522.56 of the Government Code requires that post-retirement employment commence no earlier than 180 days after the retirement date, but a public agency may hire a retired annuitant prior to the expiration of the 180 days following his/her retirement, if the nature of the employment and the appointment is necessary to fill a critically needed position before 180 days have passed.

This appointment is limited to 960 hours per fiscal year and the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties. This appointment does not include any other benefit, incentive, or compensation in lieu of benefit or other form of compensation in addition to an hourly rate. The temporary appointment is expected to end at the completion of 960 hours in the current fiscal year, completion of the aforementioned special projects, or end of Fiscal Year 2025-26, whichever is earlier.

This temporary assignment complies with the CalPERS guidelines regarding retired annuitants.

ALTERNATIVES:

Do not approve the recommendation action(s) and direct staff accordingly.

FISCAL REVIEW:

The hourly rate paid will be $94.72 (40-hour rate). No other benefits will be provided. The salary falls within the base salary range for the position of Battalion Chief and complies with the CalPERS guidelines regarding retired annuitants. It is anticipated that Chief Kershaw will work 20-30 hours per week, but not greater than 960 hours per fiscal year. Should he work up to the 960-hour limitation during the fiscal year, his maximum earnings would be $90,931. Funding for this position will come from salary savings in the Fire and Rescue Department in the General Fund (Fund 101).

LEGAL REVIEW:

The attached resolution has been reviewed by the City Attorney’s Office and approved as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the City’s Strategic Plan Goals to Recruit and Retain High Quality Employees.

CONCLUSION:

Staff recommends the City Council adopt resolution No. 2025-XX, granting an exception to the 180- day wait period pursuant to Government Code Sections 7522.56 and 21224.

Page 2 of 2 ends

467
Res
olution No. 2025-xx Page 1 of 4
RESOLUTION NO. 2025-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FOR AN EXCEPTION TO THE 180-DAY WAIT PERIOD PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21224
T

HE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY FINDS AND DECLARES AS FOLLOWS:

WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the Public Employees’ Retirement Law, the City Council of the City of Costa Mesa must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; and
WHEREAS, William H. Kershaw (SSN XXX- XX-XXXX) retired from the City of Costa Mesa in the position of Battalion Chief effective September 9, 2025; and WHEREAS, Gov. Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is March 8, 2026, without this certification resolution; and
WHEREAS, Gov. Code section 7522.56 provides that this exception to the 180 day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the City Council, the City o f Costa Mesa and William H. Kershaw certify that William H. Kershaw has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, the City Council hereby appoints William H. Kershaw as an extra help retired annuitant to perform the duties of the Battalion Chief for the City of Costa Mesa under Gov. Code section 21224 effective September 21, 2025; and WHEREAS, the entire employment agreement, contract or appointment document between William H. Kershaw and the City of Costa Mesa has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
Attachment 1
468

Resolution No. 2025-xx Page 2 of 4

WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum base salary for this position is $16,418 per month and the hourly equivalent is $94.72, and the minimum base salary for this position is $12,251 per month and the hourly equivalent is $70.68; and
WHEREAS, the hourly rate paid to William H. Kershaw will be $94.72; and WHEREAS, William H. Kershaw has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES as follows:

SECTION 1. The City Council of the City of Costa Mesa hereby certifies the nature of the appointment of William H. Kershaw as described herein and detailed in the attached employment agreement /contract/appointment document and that this appointment is necessary to fill the critically needed position of Battalion Chief for the City of Costa Mesa by September 21, 2025 because of critical needs related to the City Fire and Rescue Department’s Computer Aided Dispatch (CAD)/Records Management System (RMS) integration and updates, accreditation processes, radio frequency templates and programming support and the Emergency Communications Center (ECC/Dispatch) transition and integration.

PASSED AND ADOPTED this 16th day of September, 2025.

_____________________________
John Stephens, Mayor

469

Resolution No. 2025-xx Page 3 of 4

ATTEST: APPROVED AS TO FORM:

________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney

470

Resolution No. 2025-xx Page 4 of 4

THIS PAGE IS RESERVED FOR THE CITY CLERK’S OFFICE.

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )

I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2025-xx and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 16th day of September, 2025, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 17
th day of September, 2025.

___________________________
Brenda Green, City Clerk

471
September 2, 2025
D
ear William Kershaw,
I
am happy to confirm the City of Costa Mesa’s conditional job offer as a Retired Annuitant in the position of Battalion Chief. This offer is conditional upon City Council approval.

Y
our agreed upon salary is $94.72 per hour. This is a non-benefitted part-time position. As a CalPERS retired annuitant, you are limited to working 960 hours in a fiscal year. Your temporary employment will commence on September 21, 2025 and end at the earliest of:
• End of fiscal year 2025/2026 (may be extended upon Department needs) • Your completion of 960 hours in a fiscal year
• The completion of special projects in the Fire Department including:
• Assisting with the Computer Aided Dispatch (CAD)/Records Management System (RMS) integration and updates including the recent changes to National Fire Incident Reporting System (NFIRS) & National Emergency Response Informati on S
ystem (NERIS)
• Assisting with the Fire & Rescue Department’s Accreditation Process with Center for Public Safety Excellence (CPSE)/Commission on Fire Accreditation International (CFAI)
• Assisting with radio frequency templates and programming support • Assisting with the Emergency Communications Center (ECC/Dispatch) transition/integration in collaboration with the Costa Mesa Police Department • Assisting with related specialist projects as needed
I
f you have any questions about the above, please feel free to contact me at (714) 754-5169.

Si
ncerely,
K
asama Lee
Human Resources Manager
I
acknowledge receipt of the above and agree to its terms. ____
________________________ ________________________
William Kershaw Date
c. Da
niel Stefano, Fire Chief
Attachment 2
472

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-444 Meeting Date: 9/16/2025
TITLE:

ADOPTION OF THE MEMORANDA OF UNDERSTANDING (MOU) BETWEEN THE CITY OF

COSTA MESA (CITY) AND THE COSTA MESA POLICE ASSOCIATION (CMPA), THE COSTA

MESA POLICE MANAGEMENT ASSOCIATION (CMPMA), THE COSTA MESA FIREFIGHTERS ASSOCIATION (CMFA) AND THE COSTA MESA FIRE MANAGEMENT ASSOCIATION.

DEPARTMENT: CITY MANAGER’S OFFICE- HUMAN RESOURCES DIVISION PRESENTED BY: KASAMA LEE, HUMAN RESOURCES MANAGER
CONTACT INFORMATION: KASAMA LEE, HUMAN RESOURCES MANAGER (714) 754-5169
RECOMMENDATION:

Staff recommends the City Council:

1. Approve and adopt the Memorandum of Understanding between the City of Costa Mesa and CMPA (Attachment 1).

2. Approve and adopt the Memorandum of Understanding between the City of Costa Mesa and CMPMA (Attachment 2).

3. Approve and adopt the revised Memorandum of Understanding between the City of Costa Mesa and CMFA (Attachment 3).

4. Approve and adopt the revised Memorandum of Understanding between the City of Costa Mesa and CMFMA (Attachment 4).

5. Authorize the Interim City Manager and members of the City’s Negotiation Team to execute the MOUs.

BACKGROUND:

The current Memoranda of Understanding (MOU) for CMFA and CMFMA were approved by the City Council on February 20, 2024 and are scheduled to expire on June 30, 2027. The current Agreements for a Successor MOU for CMPA and CMPMA were approved by the City Council on June 17, 2025 and the MOUs are scheduled to expire on June 30, 2026.

Each MOU/Agreement includes language stating “the parties agree that either side can propose MOU language to clean up provisions which are either outdated or in need of modification. Any language changes must be mutually agreeable.”
The MOUs required some language updates to provide additional clarity and to comply with Public

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File #: 25-444 Meeting Date: 9/16/2025
The MOUs required some language updates to provide additional clarity and to comply with Public Employees’ Retirement Law (PERL), Public Employees’ Pension Reform Act of 2013 (PEPRA), Government Code and Title 2 of the California Code of Regulations (CCR).

The Human Resources Division collaborated with each unit’snegotiation team regarding updated language, which resulted in new Memoranda of Understanding (Attachments I and II) for CMPA and CMPMA, which incorporated the provisions of the Agreement for Successor MOU and applicable existing language from the prior MOU and side letters and updated Memoranda of Understanding (Attachments III and IV) for CMFA and CMFMA.

ANALYSIS:

Pursuant to Government Code (Gov.) section 20636 “compensationearnable”for CalPERS “Classic Members” is defined as the pay rate and special compensation of the member. Government Code section 20636(c) further specifies that special compensation includes any payment received for special skills, knowledge, abilities, work assignment, workdays or hours, or other work conditions.

Gov Code section 7522.34 and CCR section 571.1 define “pensionablecompensation”for CalPERS “New (PEPRA) Members.”
CCR section 571 also requires all items of special compensation be contained in a written labor policy or agreement that has been adopted by the employer’s governing body and includes the conditions for payment for the special compensation item and cannot reference another document in lieu of disclosing the item of special compensation. Examples of “specialcompensation”include, but are not limited to, special assignment pay, holiday pay, bilingual pay, recruitment and retention incentive pay, and certification and education pay.

Employees who are planning to retire often submit formal requests for a retirement estimate through CalPERS. During this process, CalPERS often conducts a compensation/compliance review and will notify the employee and employer of any special compensation items that the employer has reported to CalPERS during the employee’sfinal compensation period that CalPERS believes does not meet the criteria per CCR section 571. This provides the employer with an opportunity to submit additional or updated language to CalPERS for additional consideration prior to the employee’s official retirement. Once an employee officially retires, CalPERS performs another compensation/compliance review and will notify the retiree and employer if any reported compensation does not meet the criteria per CCR section 571. The employer/retiree would then need to officially file an appeal for reconsideration. If, during the appeal process, it is determined that the special compensation did not meet the criteria, then the special compensation is removed from the retiree’s retirement benefit.

Special compensation has been negotiated in good faith with the City’sbargaining units. To avoid special compensation from being removed from an employee’s retirement benefit, the City has updated language in the MOUs to ensure compliance with the applicable PERL, PEPRA and CCR sections.

Additional language updates were made to clean up provisions that were outdated and/or needed modification with agreement from the associations.

New and revised MOUs and resolutions for the non-safety bargaining units including Costa Mesa

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File #: 25-444 Meeting Date: 9/16/2025
New and revised MOUs and resolutions for the non-safety bargaining units including Costa Mesa City Employees Association (CMCEA), Costa Mesa Division Managers Association (CMDMA) and the non-represented groups will be brought forth for City Council approval and adoption at an October City Council meeting.

ALTERNATIVES:

The parties to these agreements considered a variety of issues in the context of good faith negotiations in accordance with Government Code section 3500, et seq. (Meyer-Milias-Brown Act).

These agreements represent the successful conclusion of labor negotiations in addition to updating language for required compliance with the PERL, PEPRA, Gov. Code and CCR, and alternatives need not be considered as a result of collaborative efforts expended.

FISCAL REVIEW:

There is no additional fiscal impact as the language updates are administrative in nature.

LEGAL REVIEW:

The City’s special counsel, Liebert Cassidy Whitmore (LCW) and City Attorney’s Office have reviewed the agreements and this report and approved them as to form.

CITY COUNCIL GOALS AND PRIORITIES:

The proposed Agreements support the City’sStrategic Plan Goals to Recruit and Retain High Quality Staff and Strengthen the Public’s Safety and Improve the Quality of Life.

CONCLUSION:

Staff recommends that the City Council:

1. Approve and adopt the Memorandum of Understanding between the City of Costa Mesa and CMPA (Attachment 1)

2. Approve and adopt the Memorandum of Understanding between the City of Costa Mesa and CMPMA (Attachment 2)

3. Approve and adopt the revised Memorandum of Understanding between the City of Costa Mesa and CMFA (Attachment 3)

4. Approve and adopt the revised Memorandum of Understanding between the City of Costa Mesa and CMFMA (Attachment 4)

5. Authorize the Interim City Manager and members of the City’sNegotiation Team to execute the MOUs

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MEMORANDUM

OF UNDERSTANDING
B
etween The Representatives
Of The Costa Mesa Police Association
And The City of Costa Mesa
2025
2026
ATTACHMENT 1
476

TABLE OF CONTENTS PAGE

ARTICLE 1 RECOGNITION/PREAMBLE 3
ARTICLE 2 TERM OF AGREEMENT 4
ARTICLE 3 BASIC SALARIES AND WAGES 4
ARTICLE 4 DEFERRED COMPENSATION 4
ARTICLE 5 HEALTH INSURANCE 4
ARTICLE 6 RETIREMENT 5
ARTICLE 7 RETIREE MEDICAL 7
ARTICLE 8 BENEFIT REVIEW COMMITTEE 8
ARTICLE 9 DRUG AND ALCOHOL TESTING POLICY 8
ARTICLE 10 P.O.S.T. INCENTIVE PROGRAM 8
ARTICLE 11 TUITION REIMBURSEMENT 9
ARTICLE 12 OVERTIME PAY 9
ARTICLE 13 SPECIALTY ASSIGNMENT PAY 11
ARTICLE 14 RECRUITMENT AND RETENTION INCENTIVE PAY 14 ARTICLE 15 VACATION LEAVE 14
ARTICLE 16 SICK LEAVE 16
ARTICLE 17 BEREAVEMENT LEAVE 17
ARTICLE 18 LONG TERM DISABILITY 17
ARTICLE 19 LAYOFF PROCEDURES 17
ARTICLE 20 DISCIPLINE 17
ARTICLE 21 GRIEVANCE PROCEDURES 25
ARTICLE 22 SENIOR POLICE OFFICER CLASSIFICATION 28
ARTICLE 23 HOLIDAY PAY 28
ARTICLE 24 UNIFORM MAINTENANCE ALLOWANCE 29
ARTICLE 25 SENIORITY 30
ARTICLE 26 WORK SCHEDULES 30
ARTICLE 27 SCHEDULING 30
ARTICLE 28 PROHIBITION OF TOBACCO 31
ARTICLE 29 RETURN TO WORK 31
APPENDIX A ADMINISTRATIVE REGULATION 2.5 - TEMPORARY LIMITED/ 33

MODIFIED DUTY

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ARTICLE 1 - RECOGNITION/PREAMBLE

1.1 By resolution of the City Council of the City of Costa Mesa, and pursuant to the provisions of the Meyers-Milias-Brown Act, California Government Code Section 3500, et seq., the City of Costa Mesa (hereinafter referred to as “City”) recognizes the Costa Mesa Police Association (hereinafter referred to as “Association” or “CMPA”) as the exclusive representative and the agent for collective bargaining purposes of the sworn police officers employed in the Costa Mesa Police Department in the job classifications set forth below, excluding all non-sworn employees of said Police Department.

1.2 This Memorandum of Understanding (“ MOU”) has been prepared by representatives of the City and representatives of the Association who have met and conferred in good faith, examining a number of proposals and counter proposals concerning wages, hours of employment, working conditions, fringe benefits and other terms and conditions of employment for the sworn officers of the Costa Mesa Police Department as defined herein. The Parties to this MOU are the City and the Association, which are jointly recognized and referred to herein below as the “Parties.”

1.3 It is the mutual understanding of the City and the Association that this MOU shall be submitted to the Costa Mesa City Council upon the joint recommendations of the Parties that this MOU be adopted, the City Council will consider the MOU in accordance with Ordinance 12- 7, the COIN Ordinance and thereafter will take such action as may be needed to implement this agreement and its provisions.

1.4 The City and the Association hereby acknowledge that the terms of this MOU may not cover all terms of employment relating to wages, hours and conditions of employment at the City of Costa Mesa.

These parties further acknowledge that any term or condition of employment which is not expressly covered herein, but is expressly covered by existing ordinances, resolutions, policies and regulations of the City, including the Personnel Rules and Regulations presently in effect, shall be controlled by the existi ng provisions of said ordinances, resolutions, policies, and regulations to the extent that said policies and regulations do not change, abrogate, modify or amend any express term of this MOU All other terms and conditions of employment in effect at the time of execution of this MOU shall remain status quo during the term hereof, unless such a term or condition is excepted from collective bargaining and the scope of representation as set forth in California Government Code 3504 or constitutes an emergency matter as set forth in California Government Code 3504.5.

The remainder of this MOU shall continue in full force and effect, and shall be enforced through the term of the agreement pursuant to Government Code Section 3500, et seq.

1.6 For the term of this MOU neither the City nor the Association shall be compelled t o meet and confer with the other concerning any issue which is expressly agreed to herein. Each Party to the MOU. hereby expressly waives its right to demand that the other Party meet and confer concerning any issue expressly agreed to herein. However, nothing in this MOU shall prohibit these Parties from meeting and conferring over any expressly agreed issue herein, if, and only if, both Parties hereto mutually agree to do so.

1.7 Continuous, uninterrupted and efficient service to the community by the City and its employees, and orderly employer -employee relations are essential considerations of this MOU. Accordingly, the Association agrees, on behalf of itself and its members, individually and collectively, that there shall not be any strikes, “sick -outs,” non-informational picketing, boycotting, work stoppages, slow -down strikes, or 478

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any other concerted job action or refusal to render services, including overtime or any other curtailment or restriction of work and service at any time during the term of this MOU.

1.8 The Association recognizes its duty and obligation to comply with the provisions of Section 1.8 of this MOU, and shall make every reasonable effort to assure that all employees covered by this MOU similarly do so. In the event of any concerted activity by employees in contravention to the provisions or intent of Section 1. 6, the Association hereby agrees to direct its members to cease any such actions or activities forthwith. No employee covered by this MOU shall be entitled to any benefits or wages whatsoever while engaged in any activities or actions prohibited by Section 1.8 of the MOU.

1.9 During the term of this MOU, the parties agree either side can propose MOU language to clean up provisions which are either outdated or in need of modification. Any language changes must be mutually agreeable.

ARTICLE 2 - TERM OF AGREEMENT

2.1 The term of this MOU will commence on July 1, 2025 , and expire in the pay period that includes June 30, 2026.

ARTICLE 3 - BASIC SALARIES AND WAGES

3.1. BASE SALARY - Employees covered by this MOU shall be compensated at the monthly base salary rates established for their classification under the Basic Pay Schedule per City Council resolution.

An employee occupying a position in the classified service shall be compensated within the range established for his or her position as provided in Rule 6 of the Personnel Rules and Regulations. The minimum rate for the class generally shall apply to an employee upon his or her original appointment.

Employees who are re-employed shall receive a rate within the range established for the class and agreed upon by the appointing authority and the employee prior to appointment.

Effective the pay period that includes July 1, 2025, four percent (4.0%) increase for all classifications subject to this MOU.

ARTICLE 4 - DEFERRED COMPENSATION

4.1 DEFERRED COMPENSATION - Effective the first full pay period beginning after July 1, 2024, the City will make a contribution to the City’s 457(b) provider that will equal one half of one percent (0.5%) of each employee’s base salary. Employees are responsible for tracking contrib utions to ensure that total contributions made by the City and employee do not exceed the maximum allowable contributions as per the IRS. City contributions are per year only. As such, they expire on the last payroll of the calendar year.

ARTICLE 5 - HEALTH INSURANCE

5.1 IRS SECTION 125 BENEFIT PLAN - The City shall provide the amount listed below toward the payment of premiums under an IRS Section 125 Benefit Plan. The City may also offer other pre-tax benefits.

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5.2 PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT - The City contracts with the California Public Employees’ Retirement System (“CalPERS”) for medical insurance pursuant to the Public Employees’ Medical and Hospital Care Act (“PEMHCA”). The City will contribute the annual CalPERS statutory minimum on behalf of each participant in the program, which is included in the amount of the City’s contribution to the flexible benefit account (i.e., the Section 125 Benefit Plan) described below.

Eligible employees may select any of the medical insurance plans offered by CalPERS.

5.3 MANDATORY BENEFITS - Employees must use a portion of the City contribution to pay for life insurance and long term disability. Employees also must enroll in medical insurance unless the employee meets the eligible opt out requirements to receive cash in lieu.

5.4 QUALIFICATION FOR FLEX CONTRIBUTION - Employees must receive compensation for the entire pay period to receive the flexible benefit contribution amount. Use of accrued leave qualifies as compensation for this purpose. Employees will be ineligible for the flexible benefit contribution if the employee records absence without pay hours within the pay period except for the following reasons:

• If an employee exhausts his/her accrued leaves prior to the end of the pay period, he/she shall receive the flex contribution for that pay period.
• Disciplinary actions will not apply to this article/qualification i.e., suspensions without pay.

5.5. CONTRIBUTION AMOUNT - Effective the pay period that includes July 1, 2025, for those employees who enroll in City offered coverage, the City’s contribution towards each employee’s flexible benefit account is $2,419 per month. This amount is inclusive of the CalPERS statutory minimum amount for each month. An employee who selects benefits which cost less than the dollars contributed by the City (which also requires the employee to select life insurance and long term disability per Article 5.3 ) shall receive the remainder of the flexible benefit contribution in cash up to a maximum of eight hundred and forty-six dollars ($846) per month. Effective July 1, 2019, this amount is increased to one thousand and sixty dollars ($1,060.00) per month.

5.6 WAIVER OF INSURANCE - An employee may opt out of medical coverage offered by the City and receive cash in lieu only if the employee provides before the start of each plan year, an attestation that the employee and his or her tax family have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year. The City will not pay cash in lieu if the City knows or has reason to know that the employee or a n individual in the employee’s tax family does not have the required alternative coverage.

Any employee in the unit who meets the requirements to opt out of medical coverage can receive eight hundred and forty-six dollars ($846.00) per month as cash subject to tax withholdings. Effective July 1, 2019, the amount is increased to one thousand and sixty dollars ($1,060.00) per month. Those employees who meet the requirements and opt out of medical coverage will stil l receive an employer contribution to cover the mandatory life and disability insurance benefits.

ARTICLE 6 - RETIREMENT

6.1 CALPERS - The City contracts with CalPERS for retirement benefits.

A. Employees Who Are Not “New Members” as Defined by Government Code Section 7522.04(f) – i.e., “Classic Members”

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1. Retirement Formula: The City contracts with CalPERS to provide the 3% at 50 retirement formula as set forth in California Government Code Section 21362.2 for all employees covered by this MOU hired before December 31, 2012, or lateral employees hired after that date who qualify as “classic members” under the Public Employees’ Pension Reform Act of 2013 (“PEPRA”).

2. Retirement Benefit Calculation Period: The City's contract with CalPERS provides for the "Single Highest Year" retirement benefit for these employees per Government Code section 20042. The retirement benefit is based on the highest annual compensation for the twelve (12) consecutive months selected by the employee or not selected, the employee’s last twelve (12) months of employment.

3. Payment of Employee/Member Contribution:

a. Employees Subject to the 3%@50 formula: These employees will pay the full CalPERS member contribution equal to nine percent (9%) of compensation earnable towards their CalPERS member contribution. As a result, t he City pays and reports zero percent (0%) of compensation earnable as an Employer Paid Member Contribution (EPMC) under Government Code section 20636(c)(4) pursuant to section 20691.

4. Cost Sharing: Classic member employees subject to the 3%@50 formula currently pay an additional five percent (5%) of compensation earnable as cost sharing into their employee account with CalPERS in accordance with Government Code section 20516(a).

Effective the pay period that includes July 1, 2023, for Classic member employees subject to the 3%@50 formula, cost sharing per Government Code section 20516(a) will be reduced by one and one quarter percent (1.25%) for a net contribution of three and thr ee quarters’ percent (3.75%) per Government Code section 20516(a). When this three and three quarters’ percent (3.75%) is added to the employees’ payment of nine percent (9%) towards their member contribution, employees shall pay twelve and three quarters’ percent (12.75%) compensation earnable towards their pension.

B. For “New Member” Employees

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

2. Retirement Benefit Calculation Period: These employees’ final compensation will be based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or her retirement or any other three consecutive year p eriod chosen by the employee as set forth in Government Code section 7522.32(a).

7 CMPA MOU
Effective the pay period that includes July 1, 2023, for new member employees subject to the 2.7%@57 formula, if one-half of the CalPERS’ annual normal cost rate goes below 12.75% (and it is rounded by CalPERS to the nearest one-quarter of a percent), new member employees subject to the 2.7%@57 formula shall pay the difference between the one -half of the total normal cost rate and twelve and three-quarters’ percent (12.75%) of compensation earnable as cost sharing pursuant to Government Code section 20516(f).

Effective the pay period that includes July 1, 2023, for new member employees subject to the 2.7%@57 formula, if one-half of the CalPERS’ annual normal cost rate exceeds 12.75% (and it is rounded by CalPERS to the nearest one -quarter of a percent), the City will contribute the amount a bove 12.75% to the deferred compensation account (per IRS Code section 457(b)) of each new member.

C. Adoption of the IRS Code section 414(h)(2) Resolution: 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.

6.2 CALPERS CONTRACT - The City will continue to provide pension benefits to represented employees in accordance with the CalPERS contract in effect on the effective date of this MOU. The City's contract with CalPERS for employees covered by this MOU includes the following options:

• Section 20042 (One Year Final Compensation, only applies to classic member employees) • Section 20516 (Employee Cost Share, only applies to classic member employees) • Section 20965 (Credit for Unused Sick Leave)
• Sections 21624/ (Post-Retirement Survivor Allowance, only applies classic member 21626 employees)
• Section 21620 (Retired Death Benefit of $500)
• Section 21329 (COLA of 2%)
• Section 21362.2 (3% @ 50 Benefit Formula, only applies to classic member employees) • Section 20903 (Two Years Additional Service – Golden Handshake) • Section 21635 (Post-Retirement Survivor Allowance Continues After Remarriage) • Section 21573 (Third Level of 1959 Survivor Benefits) • Section 21551 (Death Benefit Continues After Remarriage) • Section 20055 (Credit for Service Before CalPERS Contract) • Section 20938 (Limited Prior Service Credit to Employees on Contract Date) • Section 21536 (Local System Service Credit for Basic Death Benefit) • Section 20481 (Transfer of Local System Assets to CalPERS) • Section 21024 (Military Stats 76)
• Section 21023.5 (Peace Corps/AmeriCorps Service)
• Section 21027 (Military Retiree)
• IRC 414(h)(2) (Pre-tax payroll deduction plan for member contributions and service credit purchase)

ARTICLE 7 - RETIREE MEDICAL

7.1 The Defined Contribution Retirement Health Savings Plan (“Plan”) went into effect January 1, 2004, and payments made by the City were suspended in 2010. The purpose of the Plan was to establish a tax protected savings program for every full-time employee that will:
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• Provide a retiree medical benefit for employees who were hired after January 1, 2004, who will not be eligible for the health insurance contribution under the Council Policy 300-1. • Provided a supplemental benefit to the City contribution under Council Policy 300- 1 f or employees hired before January 1, 2004.

The program require s mandatory participation by all full-time employees. Employees make a monthly contribution to the plan equal to 1% of their base monthly salary. Effective the pay period that includes July 1, 2022, the City will match the 1% monthly contribution into each employees’ account. The account assets that accumulate, plus investment earnings, will be used in retirement to pay health insurance premiums and other eligible out-of-pocket medical expenses such as deductibles, co-payments, vision care or dental care. Employee contributions plus vested employer contributions are portable if an employee should leave employment with Costa Mesa prior to retirement.

For all employees in the unit, the City will pay the CalPERS statutory minimum for each member of the bargaining unit for retiree medical benefits.

ARTICLE 8 - BENEFIT REVIEW COMMITTEE

8.1 The Association shall maintain two (2) representatives on the City’s Benefit Review Committee.

The Committee continually evaluates the City’s benefit programs and makes recommendations on plan changes, benefit levels, payroll deductions and the addition or deletion of plans.

ARTICLE 9 - DRUG AND ALCOHOL TESTING POLICY

9.1 The Costa Mesa Police Department Drug and Alcohol Testing Policy applies to employees represented by the Association. The Policy permits reasonable suspicion drug and alcohol testing for permanent staff and random testing for probationary employees. The Policy is incorporated into this MOU by reference.

ARTICLE 10 - P.O.S.T. INCENTIVE PROGRAM

10.1 PAY FOR CERTIFICATIONS ISSUED BY THE STATE OF CALIFORNIA COMMISSION ON POLICE OFFICER STANDARDS AND TRAINING (“POST”). – Employees in the Association who have passed their initial City probation shall be eligible for additional pay as follows:

A. Intermediate Certificate

Employees shall receive five percent (5%) of base pay for earning a POST Intermediate Certificate.

B. Advanced Certificate

Employees shall receive ten percent (10%) of base pay for earning a POST Advanced Certificate.

The POST Certificate pays do not stack. An employee who receives Advanced Certificate Pay of ten percent (10%) no longer receives the five percent (5%) for the Intermediate Certificate. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be 483

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reported as such pursuant to Title 2 CCR, Section 571(a)(2) Peace Officer Standard Training (POST) Certificate Pay.

ARTICLE 11 - TUITION REIMBURSEMENT

11.1 Tuition and/or textbook costs required to complete job-related educational courses which are taken by an employee, and which pertain directly to his or her City employment, may be reimbursed to the employee if reimbursement is recommended by the employee's department director and approved by the Assistant City Manager. An employee requesting tuition reimbursement must obtain prior approval before enrollment per Administrative Regulation 2.1. The employee participating must achieve a passing grade of a “C” or better, Credit/No Credit or a Certificate of Completion and should see that the Human Resources Manager receives a copy, where appropriate, of the employee’s grade(s) before any reimbursement is provided.

11.2 The City will reimburse up to a maximum of $1,250 per fiscal year for qualifying tuition and/or textbook costs . It is the intent of the parties that any units/degrees submitted are accredited by Western Association of Schools and Colleges (WASC, www.wascweb.org), Council for Higher Education Accreditation (CHEA, www.chea.org/directories), or pre-approved by the Chief of Police and Assistant City Manager.

ARTICLE 12 - OVERTIME

12.1 Employees in the unit may earn overtime as provided by the Fair Labor Standards Act (FLSA) or per this MOU.

The City has adopted the 14 day FLSA work period (per Section 7(k) of the FLSA) for employees scheduled to work the 4/10 work schedule and the 28 day FLSA work period for employees scheduled to work the 3/12.5 work schedule. FLSA overtime is defined as overtime earned for actually working in excess of 86 hours in the 14 day FLSA work period (for employees scheduled to work the 4/10 work schedule ) or for working in excess of 171 hours in the 28 day FLSA work period ( for employees scheduled to work the 3/12.5 work schedule). Both of these work periods were established per Section 207(k) of the FLSA.

MOU overtime is overtime earned per this MOU in excess of the requirements of the FLSA. Employees earn MOU overtime when working outside of their regular hours except that employees will not be eligible for MOU overtime during the same 24-hour day in which they have taken or utilized paid leave time (i.e., vacation, sick, holiday, compensatory time) unless the employee receives prior approval from the Department director or designee. If an employee has utilized less than a full shift of paid leave time, t he employee will only be compensated for overtime pay (1.5) when they exceed their regularly scheduled hours during that work day or shift. MOU overtime is paid at the employee’s base rate of pay.

12.2 Employees will be compensated only for overtime authorized in advance by an appropriate supervisor. Generally, overtime shall be discouraged unless absolutely necessary. An employee may, with the Chief of Police's (or designee’s) approval, accumulate compensatory time to be taken during subsequent pay periods, with departmental approval, up to a maximum accumulation of eighty (80) hours for each employee. Compensatory time off will be granted upon a reasonable request of the employee, and pursuant to the provisions of Police Manual Section 175 et. al. If reasonable notice is provided it will be granted unless to do so is unduly disruptive as defined by the law. No more than 40 hours of compensatory time may be taken at any one time.

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An employee may cash out up to 40 hours of compensatory time on any given pay period except during the month of December . On the first pay day of December each year, employees will be cashed out of all accrued compensatory time which they have on the books.

12.3 Employees will not be eligible for overtime compensation during the same 24- hour day in which they have taken or utilized paid leave time ( i.e., vacation, sick, holiday, compensatory time) unless the employee receives prior approval from the Department director or designee. If an employee has utilized less than a full shift of paid leave time, the employee will only be compensated for overtime pay (1.5) when he/she exceeds his/her regularly scheduled hours during that work day or shift.

12.4 The Chief of Police has discretion over the establishment of an overtime policy and procedure that will be implemented if compensatory time off requests reduce staffing below minimum staffing levels. The Chief agrees to meet and consult with CMPA before implementing this overtime policy and procedure.

12.5 A written request for Compensatory Time Off (CTO) shall be made and approved no later than 24 hours prior to the requested time off. The Watch Commander/Team Sergeant of the individual requesting C.T.O. shall approve or deny the request. This policy is subject to suspension in emergency situations or at the discretion of the Chief of Police or his/her designee. Employees assigned to rotating shifts may not submit a CTO request more than 30 calendar days in advance of the shift rotation in which t he CTO day off would fall.

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

The trade must be due to the employee’s desire or need to attend to a personal matter and not due to the department’s operations. The employee providing t he trade shall not have his/her compensable hours increased as a result of the trade; nor shall the employee receiving the trade have his/her compensable hours decreased as a result of the trade. Any hours worked beyond the normal workday will be credited to the individual actually doing the work. “Paybacks” of shift trades are the obligation of the two employees involved in the trade. Paybacks are to be completed within the shift deployment of the initial shift trade.

Any dispute as to paybacks is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees.

The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties. Shift trades are not subject to the grievance procedure. If one individual fails to appear for the other (regardless of the reason), the person who was “traded in” will be listed as absent without leave and may be subject to disciplinary action. A record of all initial shift trades and “paybacks” shall be maintained by the involved employees on forms provided by the department (“Shift Trade Log”).

12.7 Fills for overtime shifts shall first be available to full- time members of the Division having the overtime and within the same classification, Police Officer for Police Officer (includes: Police Officer, and Senior Police Officer) and Sergeant for Serg eant. Superior ranking officers may fill a lower ranking position if it has not been filled a minimum of 48 hours prior to the start of the scheduled shift, or if it is the only available means of filling the vacancy. Superior ranking employees may only voluntarily fill an overtime shift vacancy in their immediate subordinate rank (e.g., Sergeant may fill for an Officer vacancy).

12.8 Members of the Department may sign up for overtime outside their Division; however, they may be bumped out of the overtime assignment up to forty-eight (48) hours before the shift begins by a full-time member of the Division with the need for the overtime.

12.9 A bumping employee shall attempt to notify the bumped employee by telephone, and he or she shall also provide a written memo to the bumped employee’s Department mailbox or office. The bumping employee shall also notify and provide a copy of the written memo to the acting Watch Commander or 485

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Bureau Commander. The acting Watch Commander or Bureau Commander shall make a notation of the bump in the respective schedule books and retain a copy of the written memo.

12.10 Employees who sign up for overtime outside their Division shall contact the acting Watch Commander or Bureau Commander within twenty- four (24) hours prior to the commencement of the overtime shift which they have signed up for to determine if they have been bumped.

12.11 All overtime which exceeds forty (40) hours shall be posted on the overtime board appropriate for the Division/Bureau. The overtime will be available to be filled based on the above defined process.

12.12 Once an employee has signed up to work an overtime shift, it is that employee’s responsibility to ensure the shift is filled. Employees may only remove their name from a shift they have volunteered to work if they have found a replacement, or they receive prior approval from a ranking supervisor.

ARTICLE 13 - SPECIALTY ASSIGNMENT PAY

13.1 The City and Association recognize that special assignments out of the scope of the covered classifications of Police Officer, Senior Police Officer, and Police Sergeant will at times be required for the efficient operation of the department, and therefore these special assignments and their associated specialty assignment compensation are listed below. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571.

13.2 FIELD TRAINING OFFICER PAY - Employees who meet the Department established standards and are routinely and consistently assigned as a Field Training Officer (FTO) shall receive 12.5% of base salary while so assigned. Employees who take leave time off are not eligible for Field Training Officer Pay while off on leave. The parties agree, to the extent permitted by law, the compensation when routinely and consistently assigned is special compensation and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.

Employees who are not routinely and consistently assigned as a Field Training Officer (FTO) but are asked to fill in on a sporadic basis shall receive 12.5% of base salary for the shifts in which they are working as an FTO. The parties agree, to the extent permitted by law, the compensation for the temporary assignment is not special compensation and will not be reported as such.

13.3 PATROL ASSIGNMENT PAY - Employees routinely and consistently assigned to patrol shall receive two and one-half percent (2.5%) of base salary while so assigned. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.

13.4 MOTORCYCLE ASSIGNMENT PAY - Employees routinely and consistently assigned to motorcycle duty shall receive five percent ( 5%) of base salary while on duty. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.

Additionally, one motorcycle trainer shall receive five percent (5%) of base salary while in temporary assignment to perform routine safety checks. The parties agree, to the extent permitted by law, the compensation for the temporary assignment is not special compensation and will not be reported as such.

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Each employee assigned to motorcycle duty shall maintain his or her motorcycle in an acceptable state as determined by Police Management and will be compensated three hours at time and a half at the top step base salary for the Senior Police Officer classi fication each pay period for the motorcycle maintenance.

This pay is for the off-duty motorcycle maintenance. The parties agree, to the extent permitted by law, the compensation for the off-duty maintenance is not special compensation and will not be reported as such.

13.5 CANINE ASSIGNMENT - Employees routinely and consistently assigned as a Canine Officers shall receive 11.31% of base salary while on duty. The parties agree, to the extent permitted by law, this compensation is special compensation and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571 and 571.1

The Canine Officers shall also receive pay at the rate of $15.00 per hour paid at time and one half (1.5) for seven hours per pay period for all off duty hours spent caring, grooming, feeding and otherwise maintaining their canine. The parties agree, to the extent permitted by law, the compensation for the off -duty maintenance is not special compensation and will not be reported as such.

The City and officers understand and agree that this additional compensation is intended to compensate canine officers for all off duty hours spent caring, grooming, feeding and otherwi se maintaining their canine, in compliance with the FLSA and interpretive cases and rulings.

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

13.6 DETECTIVE / GANG UNIT / TRAFFIC INVESTIGATOR PAY - Effective the pay period that includes the pay date of January 6, 2023, employees routinely and consistently assigned as either an Investigative Services Bureau or Special Investigations Unit Detective, Gang Unit Investigator or Traffic Investigator shall receive seven and one-half percent (7.5%) of base salary while so assigned. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.

13.7 POLICE LIAISON / ADMINISTRATION OFFICER PAY - Effective the pay period th at includes the pay date of January 6, 2023, employees routinely and consistently assigned in any of the following liaison between special groups or police administration special assignments shall receive seven and one -half percent (7.5%) of base salary while so assigned: 1) School Resources Unit; 2) Police Administration Training/Recruitment Unit; 3) South Coast Plaza Unit; 4) Community Policing Unit; and, 5) Police Administration Professional Standards Unit. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.

13.8 BILINGUAL PAY - Employees who meet the Department/City established standards and are routinely and consistently assigned to communicate in Spanish, Vietnamese, American Sign Language (ASL) and any other language approved by the City Manager shall receive two and one-half percent (2.5%) or five percent (5%) of the top step base salary for the Senior Police Officer classification depending on level of proficiency. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.
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A. The following standard of spoken Spanish, Vietnamese, or American Sign Language is followed for the 2 ½% Certification:

1. The applicant has the ability to create with language, recombining and adapting learned material to express personal meaning and can handle simple situations and transactions in the course of his/her work such as explanation of procedures, obtaining personal information, instructions to victims and onlookers, among others.

2. The applicant is able to maintain simple face -to-face conversations, asking and answering questions regarding everyday survival on topics most related to self and immediate work environment; courtesy requirements, and personal needs during the course of routine calls not likely to be of a life-or-death nature.

3. The applicant can be understood with some repetition by a sympathetic native speaker.

4. The applicant demonstrates mastery of work-related vocabulary including: time, days of the week, months, family members, parts of the body, motions and states, greetings, home and community, food and beverages, alphabet and numbers, vehicles, simple commands, interrogatory words, etc.

5. Accuracy is required in the present tense and gender distinctions.

6. Core vocabulary of 300-600 words.

B. The 5% Certification requires:

1. Accuracy in present and past tenses.

2. Core vocabulary of 600-1200 words.

3. Exhibits good pronunciation, stress, and intonation skills as judged by the ability to be understood with little repetition or confusion by native speaker.

4. Ability to interview the victim of a crime or accident or other situation involving a native speaker of Spanish and conduct simple interrogations and investigations which could be of a life-or-death nature.

5. Ability to understand description, narration, main ideas and details on a variety of topics beyond the immediate situation.

13.9 HAZARD PAY - $100 per month hazard pay shall be applicable to each of two (2) officers who are routinely and consistently exposed to hazardous substances and undertake hazardous materials duty.

The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.

13.10 The City will continue payment of the assignment of special pay as set forth in Articles 13.2 through

13.9 above in the event of an industrial injury in accordance with the City's Personnel Rules and Regulations.

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ARTICLE 14 – RECRUITMENT AND RETENTION INCENTIVE PAY

14.1 RECRUITMENT AND RETENTION INCENTIVE PAY - Effective the pay period that includes July 1, 2025, employees in this bargaining unit who have been employed in a full-time sworn law enforcement position (as defined by California Penal Code sections 830.1, 830.2, 830.32 and 830.33 or the out-of-state equivalent as determined by the Chief of Police) for twenty-five (25) years or more shall receive recruitment and retention incentive pay of twelve and one-half percent (12.5%) of employee’s base salary.

Effective the pay period that includes July 1, 2025, employees in this bargaining unit who have been employed in a full -time sworn law enforcement position (as defined by California Penal Code sections 830.1, 830.2, 830.32 and 830.33 or the out -of-state equivalent as determined by the Chief of Police) for twenty (20) years or more shall receive recruitment and retention incentive pay of ten percent (10%) of employee’s base salary.

Effective the pay period that includes July 1, 2025, employees in this bargaining unit who have been employed in a full -time sworn law enforcement position (as defined by California Penal Code sections 830.1, 830.2, 830.32 and 830.33 or the out -of-state equivalent as determined by the Chief of Police) for fifteen (15) years or more shall receive recruitment and retention incentive pay of seven and one -half percent (7.5%) of employee’s base salary.

Effective the pay period that includes July 1, 2025, employees in this bargaining unit who have been employed in a full -time sworn law enforcement position (as defined by California Penal Code sections 830.1, 830.2, 830.32 and 830.33 or the out-of-state equivalent as determined by the Chief of Police) for ten (10) years or more shall receive recruitment and retention incentive pay of five percent (5%) of employee’s base salary.

Other civilian service will not count towards full-time sworn law enforcement service for this purpose.

The above recruitment and retention incentive pays are not cumulative. Once an employee becomes eligible for the next level of recruitment and retention incentive pay, they shall qualify for that level and no longer receive the prior level of pay ( i.e., the maximum total incentive pay an employee can receive is a total of

12.5% for 25 or more years of sworn law enforcement service).

ARTICLE 15 - VACATION LEAVE

15.1 VACATIONS - Vacation Leave is to enable employees to spend a reasonable amount of time away from their job and to return to work refreshed. Employees accrue vacation when in paid status. If an employee is absent without pay for an entire pay period, he/she will not accrue vacation for that pay period.

15.2 ACCRUAL OF VACATION LEAVE

A. Employees shall accrue vacation leave as follows (“Tier 1”):

1. Upon completion of one (1) year continuous full -time service but less than three (3) years of continuous full-time service an employee shall accrue ninety-two (92) hours per year that are accrued each pay period.

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2. Upon completion of three (3) years of continuous full -time service, but less than five (5) years of continuous full-time service, an employee shall accrue one hundred sixteen (116) hours per year that are accrued each pay period.

3. Upon completion of five (5) years of continuous full -time service, but less than ten (10) years of continuous full-time service, an employee shall accrue one hundred forty (140) hours per year that are accrued each pay period.

4. Upon completion of ten (10) years of continuous full-time service, but less than fifteen (15) years of continuous full-time service, an employee shall accrue one hundred sixty- four (164) hours per year that are accrued each pay period.

5. Upon completion of fifteen (15) years of continuous full -time service but less than twenty (20) years of continuous full -time service, an employee shall accrue one hundred eighty-eight (188) hours per year that are accrued each pay period.

6. Upon completion of twenty (20) years or more of continuous full -time service, an employee shall accrue two hundred twelve (212) working hours per year that are accrued each pay period.

B. Vacation Accrual Implementation and Ceiling - The accrual of vacation hours is be capped at the following maximum levels based upon an employee’s years of service as follows:

Tier 1

Years of Service Annual Accrual Maximum Accrual
1-2 92.0 184.0
3-4 116.0 232.0
5-9 140.0 280.0
10-14 164.0 320.0
15-19 188.0 320.0
20+ 212.0 320.0

C. Scheduling of Vacation Leave - Employees must submit vacation requests in a timely manner to ensure that requests are granted. Vacation requests will be evaluated based on the Department’s Operational needs taking into consideration the employee’s specific requested time off.

D. Departmental Needs & Exception - When an employee submits a timely vacation leave request and the Supervisor and/or the Chief of Police must deny it due to the operational needs of the City and/or Department, an exception may be granted by the Chief of Police with a written explanation from the employee’s supervisor and advance approval from the Chief Executive Officer. If such an exception is granted, the employee will be paid cash for any vacation time which would accrue in excess of the maximum amount a llowed to be accrued. The payment will be processed for the pay period in question. There will be no approvals for vacation leave accrual beyond the maximum accrual level.

Should a scheduled Vacation Leave have to be cancelled by the Chief of Police due to the operational needs of the City/Department, and the cancellation would cause the employee to accrue above the maximum vacation accrual, an exception for a “Cash -Out” may be granted by the Chief of Police with a written explanation from the employee’s supervisor 490

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and advance approval from the Chief Executive Officer. If such an exception is granted, the employee will be paid cash for any vacation time which would accrue in excess of the maximum amount allowed to be accrued.

15.3 VACATION LEAVE CASH OUT

A. Vacation Leave Cash Out for 2019 and Thereafter – On or before the pay period which includes December 15 of each calendar year (which includes December 15, 2018) , an employee may make an irrevocable election to cash out up to one hundred and twenty (120) hours of vacation leave which will be earned in the following calendar year at the employee’s base rate of pay as follows:

An employee can cash out vacation during any quarter of the following year as long as on the date(s) chosen for cash out the employee has earned at least the amount of vacation he/she chooses to cash out. In other words, employees who made an irrevocable election to cash out vacation (up to a maximum of 120 hours for the year) shall choose to be paid out during one or more of the following payroll periods:

• Payroll period which includes April 1
st
• Payroll period which includes July 1st
• Payroll period which includes October 1st
• Final Payroll period of the calendar year.

Employees will notify the Human Resources Division of which quarter(s) they wish their cash outs to be paid by the payroll deadlines as set by the Finance Department and Human Resources Division. Any remaining elected vacation hours that have not been previously paid out during the year will be paid out on the final payroll period of the calendar year.

15.4 VACATION DONATION TO BANK - Employees may voluntarily donate vacation hours to a vacation bank (which the City will maintain) but which is administered by the CMPA Board of Directors.

ARTICLE 16 - SICK LEAVE

16.1 ACCRUAL OF SICK LEAVE - Employees in the Association accrue 3.69 hours of sick leave per pay period up to a maximum of 192 hours in their SICK LEAVE BANK. Upon reaching the maximum level, the biweekly benefit of 3.69 sick leave hours may be cashed out at 100% of the employee’s base rate of pay.

16.2 PRIMARY AND SECONDARY SICK LEAVE BANKS - Prior to the current MOU, employees were able to accrue sick leave banks entitled the primary and secondary sick leave banks. The sick leave in these banks can still be used as sick leave when employees are sick but no sick leave is accrued in these banks and the sick leave contained in the banks have no cash value. Effective on the first day of the pay period following City Council approval of this MOU, the sick leave in the primary bank shall be transferred to the secondary bank so that there is just one additional sick leave bank for employees who have accrued sick leave in either bank. It shall be called the Secondary Sick Leave Bank.

At the time of retirement from the City (defined as having applied for retirement benefits from CalPERS) an employee with sick leave in the Secondary Sick Leave Bank can convert that sick leave to service credit at the rate of 1 day = 0.004 years of service credit.
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16.3 LATERAL EMPLOYEES - L ateral employees hired , on or after October 3, 2006, will be immediately credited with up to 80 hours in their Sick Leave Bank. Upon being hired by the City, and provided the lateral employees had sick leave accruals (that were not cashed out) at the time of leaving their former agency, the lateral employees will be credited with the corresponding sick leave accruals, up to a maximum of 80 hours. For example, if a lateral employee had 20 sick leave hours on the books at his/her former agency, he/she would be immediately credited with 20 hours at Costa Mesa.

ARTICLE 17 - BEREAVEMENT LEAVE

17.1 Whenever an employee is compelled to be absent from duty by reason of a death or critical illness where death appears imminent of grandparent, father, mother, brother, sister, (this includes step brothers and sisters) wife, husband, or child of employee, spouse, or domestic partner such employee shall, upon approval of their department director, be entitled to charge such absence as “bereavement leave” to a maximum of three (3) days of paid leave per occurrence. This leave may also be used in the case of a miscarriage by a female employee and/or employee whose spouse or registered domestic partner suffers a miscarriage. This would also apply in the case of a miscarriage by a surrogate. Any additional time that may be required must be approved by the Police Chief (and will be approved if required by law) and will be charged first to sick leave, then the employee can choose between vacation, compensatory time off or floating holiday leave. If all such leaves are exhausted it will be charged to unpaid leave if t he employee does not have accrued sick leave, vacation compensatory time off or floating holiday leave. The City Manager or designee, upon written request, may grant bereavement leave to an employee for persons in other relationships to the employee than are listed above.

ARTICLE 18 - LONG TERM DISABILITY

18.1 An employee is eligible for Long Term Disability (“LTD”) benefits after thirty (30) calendar days.

Pursuant to the terms and conditions of the LTD Plan once eligible for LTD, an employee may exercise the option of using accumulated vacation, CTO, holiday hours and sick leave to supplement LTD payments up to an amount not to exceed 100% of monthly salary.

ARTICLE 19 - LAYOFF PROCEDURES

19.1 Because of material change in duties or organization of the Costa Mesa Police Department , or shortage of work or funds, positions represented by the Association and covered by this MOU may be subject to lay off. Thirty (30) calendar days before the effective date of a layoff, the Chief of Police shall notify the Assistant City Manager and employee subject to layoff of the layoff decision. The City’s Personnel Rules and Regulations provide the policies and procedures related to the layoff of City employees.

ARTICLE 20 - DISCIPLINE

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unless and until the employee has been given opportunities for improvement which have not been successful. Misconduct based discipline will generally use a progressive discipline approach (i.e., using discipline to modify behavior which gets progressively more severe if there is a continuation of the misconduct). However, depending on the severity of the particular misconduct, an employee could be subject to any of the various types of discipline from a warning to dismissal.

20.2 TYPES OF DISCIPLINE - Represented employees are subject to the types of discipline set forth below. The Chief of Police or his/her designee shall inform an employee of any proposed discipline in writing and allow the employee a reasonable opportunity to respond to the proposed discipline before being imposed.

All proposed discipline will set forth the alleged facts upon which the discipline is based, the specific expectations of change or improvement to be demonstrated by the employee, and notice that additional discipline could be imposed against the employee in the event a change in the employee's conduc t or performance does not occur.

Any written documentation regarding discipline which is imposed on the employee will be entered into the employee’s personnel file. An employee may be placed on administrative leave with pay pending pre - disciplinary procedures.

The following are the applicable types of discipline:

A. Written Warning

B. Written Reprimand

C. Suspension: Unless extended by approval of the City Manager or Assistant City Manager on written recommendation of the Chief of Police, the maximum period of suspension is thirty (30) calendar days.

D. Demotion: A demotion is defined a reduction in the employee’s rank.

E. Reduction in Pay

F. Dismissal

20.3 NOTICE OF PROPOSED DISCIPLINE - Employees subject to proposed discipline will be provided with pre-deprivation procedural due process. The Notice of Proposed Discipline will set forth the alleged facts upon which the proposed discipline is based, and the employee will be provided with all documents upon which the City relied in issuing the Notice. The employee will also be notified that he or she has the right to respond to the discipline either orally or in writing and the employee has the right to be represented during any meetings (by a representative of his/her choice per Government Code section 3303(i)) at which the proposed discipline will be discussed with the employee. However, the right to respond is up the employee. The employee has the right not to respond if he/she chooses. However, if that occurs, if the Chief of Police or his/her designee imposes the proposed discipline it will be without the employee’s input or response.

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the employee raises doubts as to the accuracy of the information leading to the proposed discipline further investigation may be initiated to determine if the proposed discipline is warranted.

The Chief of Police will evaluate the proposed discipline in light of the employee’s response, if any. Within five (5) working days of the employee's response, or other deadline for response established by the parties, the decision of the Chief of Police or designee will be transmitted in writing to the employee.

20.4 APPEAL PROCEDURES - Employees have the right to appeal discipline which qualifies as “punitive action” under the Public Safety Officers’ Procedural Bill of Rights Act (“Act”). The Parties agree to the following appeal procedures:

A. Appeal Process for Reductions i n Pay, Demotion, Suspension in Excess of 20 Hours or Dismissal

An employee desiring to appeal the Chief of Police’s decision shall have ten (10) calendar days after receipt of the response to file an appeal. The employee's request for appeal must be communicated to the Assistant City Manager within the 10-day period.

If, within the 10-day appeal period, the employee involved does not file an appeal, unless good cause for the failure is shown, the action of the Chief of Police shall be considered conclusive and shall take effect as prescribed. If, within the 10 -day appeal period, the employee files such notice of appeal an advisory arbitration appeal hearing shall be established as follows:

1. A list of registered arbitrators will be certified by the parties. CMPMA and the City shall each submit the names of five (5) arbitrators to complete a listing of ten (10) arbitrators. The arbitrators shall be registered with the American Arbitration Association, California State Mediation and Conciliation Service or some other agreed upon recognized reputable source. Within seven (7) calendar days of the employee's request for an arbitration appeals hearing, each party may strike three or less names from the established list. If the employee or the Association fails to strike within thirty (30) calendar days, the employee is considered to have abandoned the appeal. If a mutual agreement cannot be reached between the parties as to the selection of an arbi trator from the remaining names, the matter will be heard by the listed arbitrator who is first available to hear the matter within the time frames of the process. The party to have the first opportunity to strike a name from the list of ten arbitrators shall be determined by a coin toss.

2. The selected arbitrator shall serve as the hearing officer.

3. Where practicable, the date for a hearing shall not be less than 20 calendar days, nor more than 90 calendar days, from the date of the filing of the appeal with the Assistant City Manager. The parties may however stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing and the identity of the hearing officer to whom the matter has been assigned.

4. All hearings shall be private; however, the employee may request to open the hearing to the public.

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5. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of either party to the Hearing Officer, not less than seven (7) calendar days, prior to the commencement of such hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the hearing officer.

6. The hearing need not be conducted in accordance with technical rules relating to evidence, civil procedure and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.

The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission or exclusion of evidence.

7. Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the employee does not testify in his/her own behalf, he/she may be called and examined by an opposing party, as if under cross-examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee representative) mutually agree that it is not necessary.

8. The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs:

a. The party imposing discipline shall be permitted to make an opening statement;

b. The appealing employee shall then be permitted to make an opening statement;

c. The City shall produce the evidence on its part; the City bears the burden of proof and burden of producing evidence;

d. The employee appealing the disciplinary action may then open his/her defense and offer his/her evidence in support thereof. The employee bears the burden of producing evidence for any affirmative defenses asserted;

e. The parties may then, in order, respectively offer rebutting evidence, unless the hearing officer for good reason permits them to offer evidence upon their original case;

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f. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the hearing officer.

9. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence. He/she shall base his/her findings on a preponderance of evidence presented. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, in his/her discretion, for good cause, otherwise directs. The hearing officer, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and proper decision. The hearing officer shall render his/her opinion as soon after the conclusion of the hearing as possible and in no event later than 30 days after conclusion of the hearing, absent a stipulation from the parties that a longer per iod of time is warranted. His/her decision shall set forth which charges, if any, are sustained and the reasons therefor. The opinion shall set forth findings of fact and conclusions.

10. The hearing officer may recommend sustaining or rejecting any or all of the charges filed against the employee. He/she may recommend sustaining, rejecting, or modifying the disciplinary action invoked against the employee. He/she may not recommend discipline more stringent than that issued by the Chief of Police.

11. The hearing officer's opinion and recommendation shall be filed with the City Manager or designee, with a copy sent to the appealing employee, and the Assistant City Manager and shall set forth his/her findings and recommendations. If it is a dismissal hearing and a dismissal is not the hearing officer's recommendation, the opinion shall set forth the date the employee is recommended to be reinstated and/or other recommended action. The reinstatement date, if appropriate, may be any time on or after the date of disciplinary action.

12. The City Manager or designee shall then review the hearing officer’s opinion and recommendation and render a decision on the appeal within thirty (30) days of the filing of the opinion and recommendation. The decision of the City Manager or designee shall be final and conclusive. Copies of the City Manager's or designee’s decision, including the hearing officer’s recommendation(s) shall be filed where appropriate, including the employee's personnel file, unless no discipline is upheld by the City Manager or designee. A copy of said decision shall also be served upon the parties and the employee.

13. Each party shall bear the cost of its own witness and attorney fees. The costs of the hearing and the court reporter shall be shared by the parties. If either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in a fee charged by the hearing officer or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee.

This process may not apply to mutual settlements by the parties which result in an arbitration fee.

14. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the City Manager or designee, the time of such discipline shall relate back to the date the employee was disciplined or after delivery of the City Manager’s or designee’s decision if discipline was stayed pending the arbitration hearing. If the City Manager’s or designee’s decision results in a reduction or elimination of a 496

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loss of pay which was previously recommended by the Chief of Police, the pay loss shall be restored to the employee.

15. The provisions of Sections 1094.5 and 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under this section, including the appeal of the City Manager’s or designee’s final determination into the California court system, which must be made in accordance with the time standards and procedures established by Section1094.6 of California's Code of Civil Procedure.

B. Appeal Process for Lower Level Discipline

The following appeal process is established pursuant to Government Code § 3304.5.

A permanent employee shall have the right to appeal suspensions of 20 hours or less, written warnings, or written reprimands in the following manner:

1. The Police Chief shall cause to be served on the employee a statement signed by the Police Chief of the specific action against the employee. This statement shall inform the employee that he/she has the right, within five (5) working days after receipt of this notice, to request an informal hearing on the action by filing the request with the Assistant City Manager.

2. If within the five (5) day appeal period the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the City shall be considered conclusive and shall take effect as prescribed.

3. If within the five (5) day appeal period the employee involved files a written notice of appeal with the Assistant City Manager a time for an appeal hearing before the City Manager or designee shall be established. The date for a hearing shall not be less than ten (10) days, nor more than thirty (30) days, from the date of the filing of the appeal, unless the parties stipulate to a different date. The employee shall be notified in writing of the date, time, and place of the hearing at least seven (7) calendar days prior to the hearing.

4. The City Manager or designee shall conduct an informal hearing on the appeal.

Each party shall have the opportunity to present all relevant information in support of its respective position. These proceedings may be electronically recorded and either party shall have the right to cause them to be reported by a certified shorthand reporter at the party's expense.

a. If the action involves charges of misconduct, (i.e., allegations that the employee has violated one or more laws, regulations, procedures, or rules), the City shall have the burden of proving by a preponderance of the evidence the facts which form the basis for the charge of misconduct and the burden of persuasion that the punitive action was reasonable under the circumstances.

5. Within ten (10) days after the conclusion of the hearing, the City Manager or designee shall deliver to the employee a final written decision, and, which shall either: (a) affirm the decision; (b) modify it by: (1) holding that certain charges were not established by a preponderance of the evidence, and/or (2) reducing the penalty, or (3) overturn the decision in its entirety. The decision shall be final and 497

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binding on the parties and the employee, subject to their right to seek judicial review pursuant to 1094.5 and 1094.6 of the California Code of Civil Procedure.

20.5 BASIS FOR DISCIPLINARY ACTION - The tenure of every City employee shall be based on reasonable standards of personal conduct and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action, which shall be commensurate with the seriousness of t he offense and with consideration of the employee's prior performance record. Disciplinary action shall be based upon any of the following grounds:

A. Fraud in securing employment or making a materially false statement on an application for employment or on any supporting documents furnished with or made a part of any application.

B. Incompetence such as failure to comply with the minimum standards for an employee's position for a significant period of time.

C. Neglect of duty, such as failure to perform the duties required of an employee’s position.

D. Willful disobedience and insubordination such as a willful failure to submit to duly appointed and acting supervision or to conform to duly established orders or directions of persons in a supervisory position.

E. Dishonesty involving or affecting employment.

F. Being under the influence of alcohol or intoxicating drugs while on duty without a prescription. Unauthorized use of alcohol or any intoxicating drugs while on duty, or bringing alcohol or controlled substances onto any City work area, including work areas which are located away from the City Hall or Police Headquarters if the employee is on duty, without authorization from management.

G. Abuse of alcoholic beverages, narcotics or any habit forming drug, in violation of the City's drug testing policy.

H. Inexcusable absence without leave.

I. Conviction of a felony or conviction of a misdemeanor. A plea or verdict of guilty, or a conviction following a plea of nolo contenders, to a charge of a felony or misdemeanor is deemed to be a conviction within the meaning of this section.

J. Discourteous treatment of the public.

K. Improper or unauthorized use of City property.

L. Violation of the rules and regulations of the Police Department.

M. Any act or conduct undertaken which is of such a nature that it causes discredit to fall upon the City, the employee's department or division, whether during or outside of duty hours.

N. Failure to maintain proper conduct during working hours causing discredit to the employee's department or division.

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O. Fighting, threats of bodily harm or causing an assault on a fellow worker without justification.

P. Misuse of City records or information obtained for use outside the scope of their employment.

Q. Falsification of City records, including the intentional omission of relevant or required information.

R. Willful destruction of City property

S. Abuse of sick leave.

T. Knowingly failing to follow the procedures governing grievances when pursuing a grievance.

U. Inattention to duty, tardiness, carelessness or negligence in the care and handling of City property, private property in their care or Departmental business.

V. The employee's failure to resolve a physical or mental infirmity(s) or defect(s), when it is within the capacity of the employee to do so and when so directed by his/her supervisor.

W. Outside employment, which conflicts with the employee's position or the mission of the Department, and is not specifically authorized by the Chief of Police.

X. Acceptance from any source of a reward, gift or other form of remuneration in addition to the employee's regular compensation, as a personal benefit to the employee for actions performed in the normal course of the employee's assigned duties. This does no t include items of recognition, such as commendation, certificates and other such incidents of office which may be presented to officers in recognition of superior performance or a job well done, so long as the presentation does not include any sort of payment or compensation for the performance of the officer's duty.

Y. Falsification of any City report or record, or of any report or record required to be, or, filed by the employee or which the employee causes to be filed.

Z. Violation of any of the provisions of the City Code, ordinances, resolutions, or any rules, regulations or policies which may be prescribed by the City Council, Chief Executive Officer, department manager or supervisor.

AA. Engaging in political activities precluded by State or Federal law.

BB. Other acts which are incompatible with service to the public.

CC. Violation of the City’s harassment policy.

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ARTICLE 21 - GRIEVANCE PROCEDURES

21.1 DEFINITION - A "grievance" is a formal, written allegation by a n employee or the Association (referred to as “grievant”) that there has been a violation, misinterpretation or misapplication of th is Memorandum of Understanding and/or provisions of the Personnel Rules and Regulations. The grievance procedure is the sole and exclusive method to resolve any grievance as defined herein.

21.2 PROCEDURE

A. Informal Resolution: Every effort shall be made to resolve a grievance through discussion between the employee and his/her immediate supervisor. It is the spirit and intent of this procedure that all grievances are settled quickly and fairly without any discrimination against employees who may seek to resolve a grievance by invoking this procedure. Every effort should be made to find an acceptable solution at the lowest level of supervision.

Within fifteen (15) calendar days after a grievant (either an e mployee or the Association) knew, or by reasonable diligence should have known, of the condition upon which a grievance may be based, the grievant shall attempt to resolve it by an informal meeting with the grievant’s immediate supervisor. The supervisor shall respond with a decision within ten (10) calendar days after meeting with grievant.

B. If the problem cannot be resolved between the employee and the supervisor, the employee may, within seven (7) calendar days from the date of receiving the answer from his/her supervisor, may request and be granted an interview with the division manager, if one exists, in order to further discuss the grievance. The division manager shall respond with a decision within ten (10) calendar days after meeting with grievant.

C. If the grievant and the division head cannot reach a solution to the grievance, the grievant may, within seven (7) calendar days from the date of receiving the answer from the division manager, request, in writing, and be granted an interview with the Chief of Police within seven (7) calendar days of the grievant’s request to discuss the grievance to try and reach a resolution which is satisfactory to the grievant. The Chief of Police shall meet with the employee within seven (7) calendar days unless the date is mutually extended between the Chief and the grievant. If the grievant and Chief of Police cannot satisfactorily resolve the grievance, the Chief of Police will issue a written decision regarding the grievance within fifteen (15) calendar days after meeting with the grievant.

D. The grievant may, within ten (10) calendar days from the date of the decision by the Chief of Police, submit a written request with the Human Resources Department requesting advisory arbitration.

E. A list of registered arbitrators will be certified by the Parties. CMPA and the City shall each submit the names of five (5) arbitrators to complete a listing of ten (10) arbitrators.

The arbitrators shall be registered with the American Arbitration Association, California State Mediation and Conciliation Service or some other agreed upon recognized reputable source. Within seven (7) calendar days of the employee's request for an arbitration appeals hearing, each party may strike up to three names from the established list. If the employee or CMPA fails to strike within thirty (30) calendar days, the employee is considered to have abandoned the appeal. If a mutual agreement cannot be reached between the parties as to the selection of an arbitrator from the remaining names, the matter will be heard by the listed arbitrator who is first available to hear the matter within the time frames of the 500

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process. The party to have the first opportunity to strike a name from the list of ten arbitrators shall be determined by a coin toss.

F. The selected arbitrator shall serve as the hearing officer.

G. Where practicable, the date for a hearing shall not be less than 20 calendar days, nor more than 90 calendar days, from the date of the filing of the appeal with the Assistant City Manager. The parties may however stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing and the identity of the hearing officer to whom the matter has been assigned.

H. All hearings shall be private; however, the employee may request that the hearing be open to the public.

I. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of either party to the Hearing Officer, not less than seven (7) calendar days prior to the commencement of such hearing. After the commencement of such hearing, sub poenas shall be issued only at the discretion of the hearing officer.

J. The hearing need not be conducted in accordance with technical rules relating to evidence, civil procedure and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the condu ct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission or exclusion of evidence.

K. Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross- examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee representative) mutually agree that same is not necessary.

L. The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs:

1. The grievant shall be permitted to make an opening statement;

2. The City’s representative shall then be permitted to make an opening statement;

3. The grievant shall produce the evidence on his/her part; the employee bears the burden of proof and burden of producing evidence;

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4. The City’s representative may then open his/her defense and offer his/her evidence in support thereof;

5. The parties may then, in order, respectively offer rebutting evidence, unless the hearing officer for good reason, permits them to offer evidence upon their original case;

6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the hearing officer.

M. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence. He/she shall base his/her findings on a preponderance of evidence presented.

During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, in his/her discretion, for good cause, otherwise directs. The hearing officer, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and proper decision. The hearing officer shall render his/her opinion as soon after the conclusion of the hearing as possible and in no event later than 30 days after the conclusion of the hearing, absent a stipulation from the parties that a longer period of time is warranted. His/her advisory decision shall set forth why the grievance should or should not be sustained based on the evidence presented.

N. The City Manager or designee shall then review the hearing officer’s advisory opinion and recommendation and render a decision on the appeal within thirty days of the filing of said opinion and recommendation. The decision of the City Manager or designee shall be final and conclusive subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5. Copies of the City Manager’s or designee’s decision, including the hearing officer’s recommendation(s) and a copy of said decision shall also be served upon the parties and the employee by first class mail.

O. Each party shall bear equally the cost of facilities, fees and expenses of the hearing officer if the officer is not an employee of the City. These fees also include the fee of the court reporter and the costs of preparing the transcripts of the hearing. Each party shall bear the cost of its own witness and attorney fees. If either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in a fee charged by the hearing officer or court reporter, then the party responsible for the ca ncellation or postponement shall be solely responsible for payment of that fee. This process shall not apply to mutual settlements by the parties which result in an arbitration fee.

P. If the time limits for processing the employee’s grievance at any step defined above should elapse, the grievance shall be considered withdrawn. Time limits may be extended by mutual consent. If the City fails to respond within the prescribed time limits, the grievance will be deemed to have been denied and the employee may go to the next step. If the City Manager or designee fails to respond within the prescribed time limit, the grievance will be deemed to have been denied and the employee will be deemed to have exhausted his/her administrative remedy.

Q. The employee and/or his/her representative may use a reasonable amount of work time as determined by the appropriate supervisor or Chief of Police in presenting the grievance .

However, no employee shall absent himself/herself without first being excused by his/her supervisor.
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R. Employees shall be assured freedom from reprisal for using the grievance procedures by both the City and CMPA.

S. The settlement terms of a grievance which is processed by the Association shall not conflict with the express provisions of this MOU.

T. A group grievance may be filed when one (1) set of circumstances or occurrences affects more than one (1) employee in the same manner or to the same extent. The group may file one (1) document which all members of the group have read and signed. Members of the group shall be limited to those who have signed the grievance. The resolution of a group grievance may not be consistent among all employees in the group grievance due to differences in the circumstances or occurrences that brought about the grievance.

ARTICLE 22 - SENIOR POLICE OFFICER CLASSIFICATION

22.1 Senior Police Officers will retain the classification of Senior Police Officer until promotion, demotion or retirement. It is the intent of the parties that the classification of Senior Police Officer will be phased out and the parties agree that no promotions will be made into this classification.

ARTICLE 23 - HOLIDAY PAY

23.1 The following Holiday Pay provisions are effective May 1, 2023.

23.2 DESIGNATED HOLIDAYS - The following are the City designated holidays for employees covered by this agreement:

New Year’s Day
January 1
st
Juneteenth
June 19th
Thanksgiving Day
4th Thursday in November
Martin Luther King, Jr.
3rd Monday in January
Independence Day
July 4th
Day after Thanksgiving
4th Friday in November
President’s Day
3rd Monday in February
Labor Day
1st Monday in September
Christmas Day
December 25th
Memorial Day
Last Monday in May
Veteran’s Day
November 11th

23.3 In the event any of the above holidays fall on Saturday, the preceding Friday will be observed. In the event any of the above holidays fall on Sunday, the following Monday will be observed. All employees covered by this agreement work in positions that require scheduled staffing without regard to holidays.

23.4 Prior to the beginning of each calendar year, employees must irrevocably elect for the next year to either receive holiday leave (in which case they will receive 11.818 hours for each holiday for a total of 130 503

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hours of holiday leave which they can use either on the actual holiday or work on the holiday and use at another time) or cash out for the holidays (in which case they will receive 9.454 hours for each holiday for a total 104 hours of holiday pay.

23.5 Employees who irrevocably elect (prior to the end of the calendar year for the following calendar year) the cash out option will receive a holiday pay bank of 96 hours beginning the first pay period for the new payroll year. This holiday pay bank may be cashed out at any time during the year. At the end of the payroll year any remaining holiday pay will be cashed out. Throughout the payroll year, if an employee, who has selected holiday pay, decides to take a holiday off, he/she must use either vacation or comp time, to cover the leave since he/she received holiday pay . Holiday pay cannot be converted into leave or compensatory time off. For employees defined as “ Classic Members”, t he parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571. For employees defined as “New Members”, the parties agree, to the extent permitted by law, the compensation in this section is not special compensation and will not be reported as such.

23.6 Employees who irrevocably elect (prior to the end of the calendar year for the following calendar year) to earn holiday leave rather than holiday pay will receive a bank of 120 hours. The hours will be available the first pay period of the new payroll year. Employees will have holiday leave available to use during the year, including (assuming if the employee requests and is approved for taking a holiday off, an actual holiday). However, employees must make a request to use holiday leave at least four ( 4) working days prior to the requested time off. Approval of the time off request will be based upon available staffing needs and the needs of the employee. At the end of the payroll calendar year, any remaining holiday hours will be cashed out on the last payroll of the payroll calendar year.

23.7 If an employee separates from the service of the City and has used or been paid for holiday pay in advance of the date(s) or day(s) the holidays actually occurred, the City will deduct the cash value for holiday benefits already paid, but unearned at the time of separation from employee’s the final paycheck.

23.8 Employees are only eligible for holiday pay for the designated holidays that occur during the term of their employment (e.g., an employee hired on January 10, will not be eligible for holiday pay for New Years Day for the calendar year of their hire, but would be eligible for Martin Luther King Day and any further designated holidays which fall during their employment).

23.9 ADDITIONAL HOLIDAY - If the City provides an additional holiday to any other employee group during the term of this contract, the City will also provide that additional holiday to employees covered by this agreement.

ARTICLE 24 - UNIFORM MAINTENANCE ALLOWANCE

24.1 The City provides uniforms or uniform allowance for employees represented by the Association.

The City will continue to replace, repair and maintain uniforms worn in the line of duty. The average cost of the uniforms/uniform allowances are reported as $17 per pay period. The parties agree, to the extent permitted by law, this compensation is special compensation for “Classic Employees” and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571

24.2 Officers not currently assigned to the Operation Division will have a complete uniform for duty wear. The officers may replace worn equipment or uniforms in the same manner as officers assigned to the Operation Division in addition to the $500.00 annual clothing allowance currently paid to employees 504

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working plain clothes assignments. The parties agree, to the extent permitted by law, this compensation is special compensation for “Classic Employees” and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571

ARTICLE 25 - SENIORITY

25.1 Seniority is determined by length of continuous and uninterrupted service in each employee’s respective classification. For seniority calculations for layoffs, time in recruit status is also considered as part of the employee’s total service. Seniority is used for shift selection and selection of vacation. Seniority for purposes of layoff is addressed in the Personnel Rules and Regulations.

ARTICLE 26 - WORK SCHEDULES

26.1 The Chief of Police with the approval of the City Manager shall have the ability to implement alternate regular work schedules, provided that the Chief of Police and the CMPA mutually agree upon such schedule. If no agreement can be made between CMPA and the Chief, then the existing four-day work week, ten-hour day (4-10) remains in effect. Seniority will determine the order in which employees select their yearly work schedules.

ARTICLE 27 - SCHEDULING

27.1 The annual selection of schedules and shifts/watch (watch is synonymous with shift) for Patrol and Traffic personnel shall begin upon the completion of the rotation selection and shall conclude as soon as practical, preceding the January starting date of the new shifts. All classifications represented by this MOU will make a selection as soon as practical, but in no case to exceed 24 hours after a request by the supervisor(s) overseeing the process. If a published schedule requires modification during the initial selection process, then the entire selection process will be repeated. Bo th parties acknowledge the provisions identified in this article are not all inclusive and Management retains the right to establish any other rules for the selection of work schedules not identified within this MOU.

27.2 Seniority rights in each job classification determine the order of annual shift, schedule and vacation selection. Employees who elect to make an approved shift or schedule trade with another employee assume the seniority of the employee with whom they traded, for shift purposes only, for the length of the trade.

27.3 Priority for vacation selection is based upon the employee’s seniority on the watch ( i.e., AM/Days/PM/Relief) in which the vacation will occur. Management retains the right to determine the number of personnel that may be allowed on vacation on any particular shift or assignment.

27.4 Any new work schedule(s) or shift introduced into an existing schedule during the year, will be available for selection by those working in that same assignment in order of seniority. A “new” work schedule or shift as defined in this section shall not include “short shift” positions that exist within an existing schedule that may have not been filled initially, but became available during the calendar year due to increased staffing. Assignments are defined as the Bureau, Detail, or Patrol Area in which the new work schedule was introduced. Any subsequent vacancies that occur due to this selection process will also be made available in order of seniority within the same assignment in which the vacancy occurs. Management retains the right to assign the least senior employee to any shift left vacant by the selection process .

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27.5 If a mid -shift vacancy occurs within an existing work schedule, management retains the right to assign personnel as needed. A “short shift” position that existed within an existing schedule that was not filled initially, but became available during the calendar year due to increased staffing is considered a mid- shift vacancy. At the next scheduled rotation any such vacancy, which remains available for selection will be made available to personnel in the same Patrol Area (if the vacancy is in Patrol) and on the same shift (i.e., AM/Day/PM/Relief) for all uniform personnel.

27.6 In the case of a mid-shift vacancy due to a promotion, the following rules will apply:

• Patrol Sergeant: The vacated work schedule (and any subsequent vacancies created by this process) will be available for selection by any other sergeant on that shift (i.e., AM/Day/PM) in order of seniority.

27.7 Management retains the right to assign the least senior Sergeant to any work schedule left vacant by the above selection process. Refer to Police Department Policy Manual Section 1988 for mid -year vacancies involving a one for one planned rotation exchange.

27.8 Management retains the right to determine what work schedules will be made available for selection based upon available staffing levels. Management also retains the right to assign personnel, in recognition of their respective seniority, to vacant work schedules as necessary to fill staffing needs.

27.9 No employee will be forced to work the A.M. shift for a full calendar year. If the selection process creates this situation, then management retains the right to adjust schedule selections as necessary based upon seniority.

27.10 All personnel in the represented classifications are subject to overtime draft as needed.

27.11 Employees who work the PM and AM shifts which overlap during a scheduled shift change, will be compensated for each full shift as scheduled, (at straight time). If an employee is approved to take time- off on either or both of these shifts, they shall use the same numbers of leave hours as they would have been compensated for. An employee may use Z -Time to account for the time taken off during the overlapping hours.

27.12 Employees whose work shift is affected by the change of Day Light Savings Time or Standard Time changes or shift changes, will be compensated for the full shift as scheduled. If hours worked are in excess of the scheduled shift, they will be compensated for actual hours worked.

ARTICLE 28 - PROHIBITION OF TOBACCO

28.1 The on- duty use of tobacco in any form (cigarettes, cigars, e -cigarettes [“vaping”] and related tobacco products and technologies) is prohibited for all represented employees in the bargaining unit. This provision applies to employees hired after the approval of the MOU dated September 1, 2004.

ARTICLE 29 - RETURN TO WORK POLICY

29.1 PHYSICIAN RELEASE - The City has implemented through an Administrative Regulation a “Return to Work Policy” for employees who are released by their physician(s) to return to work for full duty in the manner set forth in Appendix A.

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REPRESENTATIVES OF THE REPRESENTATIVES OF THE

COSTA MESA POLICE ASSOCIATION CITY OF COSTA MESA

VIJAY CHAWLA CECILIA GALLARDO DALY
CMPA President Interim City Manager

JAMES BROWN ALMA L. REYES
CMPA Negotiations Team Member Acting Assistant City Manager

JESSE CHARTIER CAROL MOLINA
CMPA Negotiations Team Member Finance Director

GUYON FOXWELL KASAMA LEE
CMPA Negotiations Team Member Human Resources Manager

JONATHAN TRIPP CATHLEEN SERRANO
CMPA Negotiations Team Member Acting Senior Budget Analyst

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APPENDIX A

ADMINISTRATIVE REGULATION A. R. 2.5

CITY OF COSTA MESA
July 1, 2000 (Revised)

Page 1 of 2 ends

TEMPORARY LIMITED/MODIFIED DUTY
I. Purpose

The purpose of this Administrative Regulation is to establish a uniform procedure for utilizing employees who have been released to return to work with temporary work limitations or restrictions by a licensed physician due to occupational or non- occupational injuries or illnesses; to promote effective use of valuable employee resources to maintain departmental productivity at the highest levels possible and to reduce the cost of employee absences.

II. Policy

Departments are encouraged to provide suitable temporary modified duty assignments in accordance with a doctor’s work release instructions, whenever meaningful and/or needed work can be performed by the recuperating employee.

III. Procedures

A. An employee, who is off work on personal leave, or industrial accident leave, is to notify his/her department immediately when any type of limited/modified duty work release has been obtained from his/her doctor. A sample “Medical/Return to Work Release” form is attached and may be considered for use by departments. Fire Department employees will use the form only to verify that the job description was reviewed by the treating physician.

B. The department should evaluate the nature of the work limitations or restrictions imposed, review the work needs of the department, and identify a suitable assignment. The temporary assignment may be in the same, equal, or lower job classification. Risk Management should be consulted on all cases involving work -related injuries or illnesses before instituting the modified duty assignment.

C. In cases of industrial accident leave, if the employee’s own department does not have suitable modified duty to offer, Risk Management may arrange for a temporary alternate assignment to be provided within another City department. Sworn Police Officers will not be placed in a temporary alternate assignment outside of the Police Department.

D. A temporary limited/modified duty assignment should not be altered, nor an employee returned to full and unrestricted duty, without the appropriate written medical clearance to do so.

E. Employees off work on industrial accident leave who fail to notify their departments when given any type of a work release, may be subject to disciplinary action.

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ADMINISTRATIVE REGULATION A. R. 2.5

CITY OF COSTA MESA
July 1, 2000 (Revised)

Page 2 of 2 ends

IV. Effective Date

The effective date of this revised Administrative Regulation is September 3, 1971, and subsequently revised on July 30, 2000.

STEVEN E. HAYMAN

ADMINISTRATIVE SERVICES DIRECTOR

ALLAN L. ROEDER

CITY MANAGER
509

MEMORANDUM

OF UNDERSTANDING

Between The Representatives of
The Costa Mesa Police Management Association
And the City of Costa Mesa
2025
2026

ATTACHMENT 2

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2 TABLE OF CONTENTS PAGE

ARTICLE 1 RECOGNITION/PREAMBLE 3
ARTICLE 2 TERM OF AGREEMENT 4
ARTICLE 3 BASIC SALARIES AND WAGES 4
ARTICLE 4 HEALTH INSURANCE 4
ARTICLE 5 RETIREMENT 5
ARTICLE 6 RETIREE MEDICAL & 401(a) DEFERRED COMPENSATION PLAN 7 ARTICLE 7 BENEFIT REVIEW COMMITTEE 8
ARTICLE 8 DRUG AND ALCOHOL TESTING POLICY 8
ARTICLE 9 CERTIFICATION/EDUCATIONAL PAY 8
ARTICLE 10 TUITION REIMBURSEMENT & PROFESSIONAL DEVELOPMENT 9 ARTICLE 11 EXECUTIVE LEAVE AND OVERTIME 9
ARTICLE 12 AUTOMOBILE AVAILABILITY 9
ARTICLE 13 SPECIALTY ASSIGNMENT PAY 10
ARTICLE 14 RECRUITMENT AND RETENTION INCENTIVE PAY 11
ARTICLE 15 VACATION LEAVE 12
ARTICLE 16 SICK LEAVE 14
ARTICLE 17 BEREAVEMENT LEAVE 15
ARTICLE 18 LONG TERM DISABILITY 16
ARTICLE 19 LAYOFF PROCEDURES 16
ARTICLE 20 DISCIPLINE 16
ARTICLE 21 GRIEVANCE PROCEDURE 23
ARTICLE 22 HOLIDAY PAY 26
ARTICLE 23 UNIFORM MAINTENANCE ALLOWANCE 26
ARTICLE 24 SENIORITY 27
ARTICLE 25 WORK SCHEDULES 27
ARTICLE 26 PROHIBITION OF TOBACCO 27
APPENDIX A VEHICLE USE POLICY (ADMINISTRATIVE REGULATION 5.5 ) 28

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3 ARTICLE 1 - RECOGNITION/PREAMBLE

1.1 By resolution of the City Council of the City of Costa Mesa, and pursuant to the provisions of the Meyers-Milias-Brown Act, California Government Code Section 3500, et seq., the City of Costa Mesa (hereinafter referred to as “City”) recognizes the Costa Mesa Police Management Association (hereinafter referred to as “A ssociation” or “CMPMA”) as the exclusive representative and the agent for collective bargaining purposes of sworn Police Captains and Police Lieu tenants employed in the Costa Mesa Police Department.

1.2 This Memorandum of Understanding (“ MOU”) has been prepared by representatives of the City and representatives of the Association who have met and conferred in good faith, examining a number of proposals and count er proposals concerning wages, hours of employment, working conditions, fringe benefits and other terms and conditions of employment for the sworn officers of the Costa Mesa Police Department as defined herein. The Parties to this MOU are t he Cit y and the Association, which are jointly recognized and referred to herein below as the “Parties.”

The City Council will take such action as may be needed to implement this MOU.

1.4 The City and the Association hereby acknowledge that the terms of this MOU may not cover all terms of employment relat ing to wages, hours and conditions of employment at the City of Costa Mesa.

These parties further acknowledge that any term or condition of employment which is not expressly covered herein, but is expressly covered by existing ordinances, resolutions, policies and regulations of the City, including the Personnel Rules and Regulations presently in effect, shall be controlled by the existing provisions of said ordinances, resolutions, policies, and regulations to the extent that said policies and regulations do not change, abrogate, modify or amend any express term of this MOU. All other terms and conditions of employment in effect at the time of execution of this MOU shall remain status quo during the term hereof, unless such a term or condition is excepted from collect ive bargaining and the scope of representation as set forth in California Government Co de 3504 or constitutes an emergency matter as set forth in California Government Code 3504.5.

1.5 If any portion of this MOU is found to be unlawful, in conflict or inconsistent with existing laws, regulations, or ordinances; or determined to be invalid or unenforceable by an administrative or judicial tribunal with competent jurisdiction, such portion or part of th is MOU shall be superseded and not enforced. The remain der of this MOU shall continue in full force and effect, and shall be enforced through the term of the agreement pursuant to Government Code Section 3500, et seq.

1.6 Continuous, uninterrupted and efficient service to the community by the City and its employees, and orderly employer -employee relations are essential considerations of this MOU. Accordingly, the Association agrees, on behalf of itself and its members, individually and collectively, that there shall not be any strikes, non- informational picketing, boycotting, work stoppages, slow -down strikes, or any other concerted job action or refusal to render services, including overtime or any other curtailment or restriction of work and service at any time during the term of this MOU.

1.7 T he Association recognizes its duty and obligation to comply with the provisions of Section 1. 6 of this MOU and shall make every reasonable effort to assure that all employees covered by this MOU similarly do so. In the event of any concerted activity by employees in contravention to the provisions or intent of Section 1.6 , the Association hereby agrees to direct its members to cease any such actions or 512

CMPMA MOU
4 activities forthwith. No employee covered by this MOU shall be entitled to any benefits or wages whatsoever while engaged in any activities or actions prohibited by Section 1.6 of the MOU.

1.8 During the term of this MOU, the parties agree either side can propose MOU language to clean up provisions which are either outdated or in need of modification. Any language cha nges must be mutually agreeable.

ARTICLE 2 - TERM OF AGREEMENT

2.1 The term of this MOU will commence on July 1, 20 25, and expire in the pay period which includes June 30, 2026.

ARTICLE 3 - BASIC SALARIES AND WAGES

3.1 BASE SALARY - Employees covered by this MOU shall be compensated at the established monthly base salary rates under the Basic Pay Schedule for covered employees.

Effective the pay period that includes July 1, 2025, four percent (4.0%) increase for all classifications subject to this MOU.

ARTICLE 4 - HEALTH INSURANCE

4.1 IRS SECTION 125 BENEFIT PLAN - The City shall provide the amount listed below toward the payment of premiums under an IRS Section 125 Benefit Plan. The City may also offer other pre -tax benefits.

4.2 PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT - The City contracts with the California Public Employees’ Retirement System (“CalPERS”) for medical insurance pursuant to the Public Employees’ Medical and Hospital Care Act (“PEMHCA”). The City will contribute the annu al CalPERS statutory minimum on behalf of each participant in the program, which is included in the amount of the City’s contribution to the flexible benefit account (i.e., the Section 125 Benefit Plan) described below. Eligible employees may select any of the medical insurance plans offered by CalPERS.

4.3 MANDATORY BENEFITS - Employees must use a portion of the City contribution to pay for life insurance and long term disability. Employees also must enroll in medical insurance unless the employee meets the eligible opt out requirements to receive cash in lieu.

4.4 QUALIFICATION FOR FLEX CONTRIBUTION - Employees must receive compensation for the entire pay period to receive the flexible benefit contribution amount. Use of accrued leave qualifies as compensation for this purpose. Employees will be ineligible for the flexible benefit contribution if the employee records absence without pay hours within the pay period except for the following reasons:

• If an employee exhausts his/her accrued leaves prior to the end of the pay period, he/she shall receive the flex contribution for that pay period.

• Disciplinary actions will not apply to this article/qualification i.e., suspensions without pay.

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5 4.5 CONTRIBUTION AMOUNT - Effective the pay period that includes July 1, 2025, for those employees who enroll in City offered coverage, the City’s contribution towards each employee ’s flexible benefit account is $2,419 per month. This amount is inclusive of the CalPERS statutory minimum amount for each month. An employee who selects benefits which cost less than the dollars contributed by the City (which also requires the employee to select life insurance and long term disability per Article 4.3) shall receive the remainder of the flexible benefit contribu tion in cash up to a maximum of one thousand and sixty dollars ($1,060.00) per month.

4.6 WAIVER OF INSURANCE - An employee may opt out of medical coverage offered by the City and receive cash in lieu only if the employee provides before the start of each plan year, an attestation that the employee and his or her tax family have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year. The City will not pay cash in lieu if the City knows or has reason to know that the employee or an individual in the employee’s tax family does not have the required alternative coverage.

Any employee in the unit who meets the requirements to opt out of medical covera ge can r eceive one thousand and sixty dollars ($1,060.00) per month. Those employees who meet the requirements and opt out of medical coverage will still receive an employer contribution to cover the mandatory life and disability insurance benefits.

ARTICLE 5 - RETIREMENT

5.1 CALPERS - The City contracts with CalPERS for retirement benefits.

A. Employees Who Are Not “New Members” as Defined by Government Code Section 7522.04(f) – i.e., “Classic Members”

1. Retirement Formula - The City contracts with CalPER S t o provide the 3% at 50 retirement formula as set forth in California Government Code Section 21362.2 for all employees covered by this MOU hi red before December 31, 2012, or lateral employees hired after that date who qualify as “classic memb ers” under the Public Employees’ Pension Reform Act of 2013 (“PEPRA”).

2. Retirement Benefit Calculation Period - The City's contract with CalPERS provides for the "Single Highest Year" retirement benefit for these employees per Government Code section 20042. The retirement benefit is based on the highest annual compensation for the twelve (12) consecutive months selected by the employee or not selected, the employee’s last twelve (12) months of employment.

3. Payment of Employee/Member Contribution:

a. Effective at the beginning of the pay period following City Council approval of this MOU, these employees will pay three percent (3.0%) compensation earnable towards their CalPERS member contribution. The City pays and reports six percent (6.0%) as an Employer Paid Member Contribution (EPMC) under Government Code section 20636(c)(4) pursuant to section 20691.

b. Effective at the beginning of the pay period wh ich includes July 1, 2019, these employees will pay six percent (6.0%) compensation earnable towards their CalPERS member contribution. The City pays and reports three percent (3.0%) 514

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6 as an Employer Paid Member Contribution (EPMC) under Government Code section 20636(c)(4) pursuant to section 20691.

c. Effective at the beginning of the pay period which includes July 1, 2020, these employees will pay the full nine CalPERS member contribution of nine percent (9%) of compensation earnable towards their CalPERS me mber contribution.

The City shall pay and report zero percent (0%) of compensation earnable as an Employer Paid Member Contribution (EPMC) under Government Code section 20636(c)(4) pursuant to section 20691.

4. Cost Sharing:

a. Classic member employees subject to the 3%@50 formula pay an additional three and three quarters’ percent (3.75%) compensation earnable as cost sharing into their employee account with CalPERS in accordance with Government Code section 20516(a). When this three and three quarters’ percent (3.75%) is added to the employees’ payment of nine percent (9%) towards their member contribution, employees shall pay twelve and three quarters’ percent (12.75%) compensation earnable towards their pension.

B. For “New Member” Employees

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

2. Retirement Benefit Calculation Period - These employees’ final compensation will be based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or her 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 Co ntribution - 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 will be determined by CalPERS in the future.

Effective the pay period that includes July 1, 2023, for new member employees subject to the 2.7%@57 formula, if one-half of the CalPERS’ annual normal cost rate goes below 12.75% (and it is rounded by CalPERS to the nearest one -quarter of a percent), new membe r e mployees subject to the 2.7%@57 formula shall pay the difference between the one -half of the total normal cost rate and twelve and three- quarters percent (12.75%) of compensation earnable as cost sharing pursuant to Government Code section 20516(f).

Effective the pay period that includes July 1, 2023, for new member employees subject to the 2.7%@57 formula, if one-half of the CalPERS’ annual normal cost rate exceeds 12.75% (and it is rounded by CalPERS to the nearest one -quarter of a percent), the Ci ty will contribute the amount above 12.75% to the deferred compensation account (per IRS Code section 457(b)) of each new member.

C. Adoption of the IRS Code section 414(h)(2) Resolution 515

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7 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.

5.2 CALPERS CONTRACT - The City will continue to provide pension benefits to represented employees in accordance with the CalPERS contract in effect on the effect ive date of this MOU. The City's contract with CalPERS for employees covered by this MOU includes the following options:

• Section 20042 (One Year Final Compensation, only applies to classic member employees)
• Section 20516 (Employee Cost Share, only applies to classic member employees) • Section 20965 (Credit for Unused Sick Leave)
• Sections 21624/ (Post-Retirement Survivor Allowance, only applies classic member 21626 employees)
• Section 21620 (Retired Death Benefit of $500)
• Section 21329 (COLA of 2%)
• Section 21362.2 (3% @ 50 Benefit Formula, only applies to classic member employees) • Section 20903 (Two Years Additional Service – Golden Handshake) • Section 21635 (Post-Retirement Survivor Allowance Continues After Remarriage) • Section 21573 (Third Level of 1959 Survivor Benefits) • Section 21551 (Death Benefit Continues After Remarriage) • Section 20055 (Credit for Service Before CalPERS Contract) • Section 20938 (Limited Prior Service Credit to Employees on Contract Date) • Section 21536 (Local System Service Credit for Basic Death Benefit) • Section 20481 (Transfer of Local System Assets to CalPERS) • Section 21024 (Military Stats 76)
• Section 21023.5 (Peace Corps/AmeriCorps Service)
• Section 21027 (Military Retiree)
• IRC 414(h)(2) (Pre-tax payroll deduction plan for member contributions and service credit purchase)

ARTICLE 6 - RETIREE MEDICAL & 401(a) DEFERRED COMPENSATION PLAN

6.1 RETIREE MEDICAL - The Defined Contribution Retirement Health Savings Plan ( Plan) went into effect on January 1, 2004, and payments made by the City were suspended in 2010. The purpose of the Plan was to establish a tax protected savings program for every full-time employee that:

• Provided a retiree medical benefit for employees who were hired after January 1, 2004, who will not be eligible for the health insurance contribution under the Council Policy 300-1.

• Provided a supplemental benefit to the City contribution under Council Policy 300- 1 for employees hired before January 1, 2004.

The program requires mandatory participation by all full-time employees. Effective the pay period which includes January 1, 2021, employees will resume a 1% monthly employee contribution to the plan equal to 1% of their base salary. Effective the pay period which includes July 1, 2022, the City will match the 1% monthly contribution into the employees’ accounts . The ac count assets that accumulate, plus investment earnings, will be used in retirement to pay health insurance premiums and other eligible out - of-pocket medical expenses such as deductib les, co -payments, vision care or dental care. Employee 516

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8 contributions plus vested employer contributions are portable if an employee should leave employment with Costa Mesa prior to retirement.

For all employees in the unit, the City will pay the CalPERS statutory minimum for each member of the bargaining unit for retiree medical benefits.

6.2 401(a) DEFERRED COMPENSATION PLAN FOR POLICE CAPTAINS - The 401(a) deferred compensation plan provides Police Captains with a tax -deferred savings plan for future financial planning. The City provides a one half of one percent (0.5%) per pay period contribution for each Police Captain in the Association into the employee’s account in the 401(a) plan.

ARTICLE 7 - BENEFIT REVIEW COMMITTEE

7.1 CMPMA shall maintain one representative on the City’s Benefit Review Committee. The Committee continually evaluates the City’s benefit programs and makes recommendations on plan changes, benefit levels, payroll deductions and the addition or deletion of plans.

ARTICLE 8 - DRUG AND ALCOHOL TESTING POLICY

8.1 The Costa Mesa Police Department Drug and Alcohol Testing Policy applies to employees represented by the Association. The Policy permits reasonable suspicion drug and alcohol testing . The Policy is incorporated into this MOU by reference.

ARTICLE 9 - CERTIFICATION/EDUCATIONAL PAY

9.1 PAY FOR CERTIFICATIONS /COURSES ISSUED BY THE STATE OF CALIFORNIA COMMISSION ON POLICE OFFICER STANDARDS AND TRAINING (“POST”) - Effective the pay period that includes July 1, 2025, e mployees in the Association shall be eligible for additional pay as follows:

A. POST Certificate/Courses - Police Lieutenant

Employees at the rank of Police Lieutenant shall receive:
• Ten percent (10%) of base pay for receipt of a POST Advanced Certificate.

• Five (5%) of base pay for receipt of a POST Supervisory Certificate or for having completed the POST Management Course.

Employees must present the Certificate to the City to receive the pay. Police Captains are not eligible for this pay.

B. POST Certificate - Police Captain

Employees at the rank of Police Captain shall receive fi fteen percent (15%) of base pay for receipt of a POST Management Certificate.

Employees must present the Certificate to the City to receive the pay. Police Lieutenants are not eligible for this pay.

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9 The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Peace Officer Standard Training (POST) Certificate Pay.

ARTICLE 10 - TUITION REIMBURSEMENT & PROFESSIONAL DEVELOPMENT

10.1 TUITION REIMBURSEMENT - Tuition and/or textbook costs required to complete job- related educational courses which are taken by an employee, and which pertain directly to his or her City employment, may be r eimbursed to the employee if reimbursement is recommended by the Chief of Police and approved by the Assistant City Manager. An employee requesting tuition reimbursement must obtain prior approval before enrollment per Administrative Regulation 2.1. The employee participating must achieve a passing grade of a “C” or better, Credit/No Credit or a Certificate of Completion and should see that the Human Resources Manager receives a copy, where appropriate, of the employee’s grade(s) before any reimbursement is provided.

The City will reimburse up to a maximum of $1,250 per fiscal year for qualifying tuition, textbook costs, and/or class material costs. It is the intent of the parties that any units/degrees submitted are accredited by Western Association of Schools and Colleges (WASC, www.wascweb.org), Council for Higher Education Accreditation (CHEA, www.chea.org/directories), or pre-approved by the Police Chief and Assistant City Manager.

10.2 PROFESSIONAL DEVELOPMENT - The City agrees to reimburse Police Captains and Police Lieutenants up to $1,000 per fiscal year for activities, materials, equipment or fees that will aid in their individual professional development. The reimbursement options include: education fees th at exceed the City’s annual $1,250 tuition reimbursement limit.

10.3 TECHNOLOGY ALLOWANCE - E mployees covered by this MOU shall be provided with a $75 monthly technology allowance.

ARTICLE 11 - EXECUTIVE LEAVE AND OVERTIME

11.1 Pursuant to Section 13(a)(1) of the Fair Labor Standards Act, it is mutually agreed that Polic e Lieutenants and Police Captains are exempt from both the minimum wage and overtime provisions of the Fair Labor Standards Act. Due to the additional hours (above their regularly s cheduled 40 hours per week) that Police Lieutenants and Police Captains work, these employees wi ll receive 80 hours of Executive Leave each calendar year. As permitted by California Labor Code section 227.3, any Executive Leave not used in the calendar year in which it is received will be lost. Executive Leave has no cash value and cannot be cashed out. The Executive Leave hours are subject to the same carry forward limitations and benefit provisions as detailed in Administrative Regulation 2.19.

The Ci ty Manager may temporarily approve overtime for Po lice Lieutenants when necessary due to Department needs related to staffing challenges, vacancies, and critical incidents. Overtime will be pai d on a straight time basis.

ARTICLE 12 - AUTOMOBILE AVAILABILTY

12.1 T he City agrees that there will be automobiles available for Po lice Captains and Police Lieutenants within the Police Depar tment vehicle fleet. Use of the vehicles will comply with the City’s Vehicle Use Policy (Administrative Regulation 5.5) attached to this MOU as Appendix A.

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10 ARTICLE 13 - SPECIALTY ASSIGNMENT PAY

13.1 SPECIALTY ASSIGNMENT PAY - Employees routinely and consistently assigned to patrol/field operations , detectives, accident investigations, or Administration shall receive special assignment pay (2.5% of base salary). The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.

13.2 BILINGUAL PAY – Employees who meet the Department /City established standards and are routinely and consistently assigned to communicate in Spanish, V ietnamese, American Sign Language (ASL) and any other language approved by the City M anager shall receive two and one- half percent (2.5%) or five percent (5 %) of the top step base salary for Senior Police Of ficer classification depending on level or proficiency. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.

A. The following standard of spoken Spanish , Vietnamese, or American Sign Language is followed for the 2.5% Certification:

2. The applicant is ab le to maintain simple face -to-face conversatio ns, asking and answering questions regarding everyday survival on topics most related to self and immediate work env ironment; courtesy requirements, and personal needs during the course of routine calls not likely to be of a life-or-death nature.

3. The applicant can be understood with some repetition by a sympathetic native speaker.

5. Accuracy is required in the present tense and gender distinctions.

6. Core vocabulary of 300-600 words.

B. The 5% Certification requires:

1. Accuracy in present and past tenses.

2. Core vocabulary of 600-1200 words.

3. Exhibits good pronunciation, stress, and intonation skills as judged by the ability to be understood with little repetition or confusion by native speaker.

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11 4. Ability to interview the victim of a crime or accident or other situation involving a native speaker and conduct simple interrogations and investigation s which could be of a life-or-death nature.

5. Ability to understand description, narratio n, main ideas and details on a variety of topics beyond the immediate situation.

The City will continue payment of bilingual pay in the event of an industrial injury in accordance with the City's Personnel Rules and Regulations.

ARTICLE 14 - RECRUITMENT AND RETENTION INCENTIVE PAY

14.1 RECRUITMENT AND RETENTION INCENTIVE PAY - Recruitment and Retention Incentive Pay is compensation to incentivize Police Department sworn employees to remain with the City of Costa Mesa.

Effective the pay period that includes July 1, 2025, employees in this bargaining unit who have been employed in a full -time sworn law enforcement position (as defined by California Penal Code sections 830.1, 830.2, 830.32 and 830.33 or the out -of-state equivalent as determined by the Chief o f Police) for twenty-five (25) years or more shall receive recruitment and retention incentive pay of twelve and one- half percent (12.5%) of employee’s base salary.

Effective the pay period that includes July 1, 2025, employees in this bargaining unit who have been employed in a full -time sworn law enforcement position (as defined by California Penal Code sections 830.1, 830.2, 830.32 and 830.33 or the out -of-state equivalent as determined by the Chief of Police) for twenty (20) years or more shall receive recruitment and retent ion incentive pay of ten per cent (10%) of employee’s base salary.

Effective t he pay period that includes July 1, 2025, employees in this bargaining unit who have been employed in a full -time sworn law enforcement position (as defined by Cal ifornia Penal Code sections 830.1, 830.2, 830.32 and 830.33 or the out -of-state equivalent as determined by the Chief of Police) for fifteen (15) years or more shall r eceive recruitment and retention incentive pay of seven and one -half percent (7.5%) of employee’s base salary.

Effective t he pay period that includes July 1, 2025, employees in this bargaining unit who have been employed in a full -time sworn law enforcement position (as defined by California Penal Code sections 830.1, 830.2, 830.32 and 830.33 or the out -of-state equivalent as determined by the Ch ief of Police) for ten (10) years or more shall receive recruitment and retention incentive pay of five percen t (5%) of employee’s base salary.

Other civilian service will not count towards full-time sworn law enforcement service for this purpose.

The above recruitment and retenti on incentive pays are not cumulative. Once an employee becomes eligible for the next level of recruitment and retention incentive pay, they shall qualify for that level and no longer receive the prior level of pay ( i.e., the maximum total incentive pay an employee can receive is a total of 12.5% for 25 or more years of sworn law enforcement service).

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12 ARTICLE 15 - VACATION LEAVE

15.1 The purpose of annual vacation leave is to enable each eligible employee to spend a reasonable amount of time away from his or her job and to return to work refreshed. Any leave of absence without pay shall not accrue vacation leave for each full pay period of such absence.

15.2 Regular full-time employees in the classified services with an average workweek of forty (40) hours shall receive annual vacation with pay in accordance with the following provisions:

A. After continuous full-time service amounting to one (1) year or more, an employee shall have earned paid vacation at the rate of ninety-two (92) working hours per year.

B. Upon completion of three (3) ye ars of continuous full-time service, but less than five (5) years of continuous full-time service, such employee shall earn one hundred sixteen (116) working hours per year.

C. Upon completion of five (5) years of continuous full-time service, but less than ten (1 0) years of continuous full -time service, such employee shall earn one hundred forty (140) working hours per year.

D. Upon completion of ten (10) years of continuous full -time service, but less than fifteen (15) years of continuous full -time service, such employee shall earn one hundred sixty- four (164) working hours per year.

E. Upon completion of fifteen (15) years of continuous full-time service but less than twenty (20) years of continuous full -time service, such employee shall earn one hundred eighty- eight (188) working hours per year.

F. Upon completion of twenty (20) years of continuous full -time service, such employee shall earn two hundred twelve (212) working hours per year (effective September 1, 2009).

G. Employees shall be allowed to accrue a maximum of 424 hours of Vacation time. If an employee’s vacation hours reach this maximum, his/her accrual will be frozen until such time that his/her accrual drops below the maximum. There will be no pa yoff for vacation hours beyond the employee’s current accrual maximum.

15.3 ACCUMULATION OF VACATION LEAVE - Accumulation of vacation leave in excess of that earned in a calendar year is allowable upon approval of the department director as authorized by the City Manager by means of an A dministrative Regulation. The current provisions of Administrative Regulation 2.22 will remain in effect until September 1, 2009.

A. Vacation Accrual Ceiling - Effective with the pay period that begins on September 1, 2009, the accrual of vacation hours will be capped at the following maximum leve ls based upon an employee’s years of service as follows:

Years of Service Annual Accrual 40-Hour Maximum Accrual 40-Hour 1- 2 92.0 184.0
3-4 116.0 232.0
5-9 140.0 280.0
10-14 164.0 328.0
15-19 188.0 376.0
20+ 212.0 424.0
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13 Once the maximum accrual is reached, the employee w ill stop accruing additional Vacation Leave. Annual vacation accruals will re- commence in t he next pay period following the use of vacation leave which reduces the ba lance below the maximum allowed. It is the responsibility of the employee to manage accrued vacation time off to not exceed the cap or maximum amount allowed per the chart above.

B. Scheduling of Vacation Leave - It is the employee’s responsibility to request, schedule and use vacation ti me to av oid exceeding the maximums. Howe ver, in the event the maximum is reached, the City has the right to schedule the employee off in order to reduce the accrued hours to be within the cap.

Employees must submit vaca tion requests in a timely m anner in accordance with the Department requirement and as appropriate for the employee’s Departmental operational needs.

Departments which have 24 hours a day/7 days a week operations have established request procedures that require significant advance notice so all vacation requests may be coordinated as fairly as possible based upon the operational needs of the Department and or Division.

C. Departmental Needs & Exception - When an employee submits a timely vacation leave request and the Supervisor and/or the Chief of Police must deny it due to the operational needs of the City and/or Department, an exception may be granted by the Chief of Police with a written explanation from the emp loyee’s supervisor and advance approval from the City Manager . If such an e xception is granted, a cash -out of the ex cess, accrued vacation time in excess of the maximum amount allowed will be processed for the pay period in question. There will be no approvals for Vacation Leave Accrual beyond the Maximum Accrual Level.

Should a scheduled Vacation Leave have to be cancelled by the Chief of Police due to the operational needs of the City/Department, an exception for a “Cash- Out” may be granted by the Chie f of with a written explanation from the employee’s supervisor and advance approval from the City Manager.

All employees who are at the Maximum Accrual Level or who may reach the Maximum Accrual Level shall utilize the “C ash-Out” and/or “Vacation Leave” options so as to NOT exceed the Vacation A ccrual Ceiling. Other than exceptions granted based upon City and/or Departmental needs as approved by both the Department Director and the City Manager, there will no other cash-out of Vacation Leave time beyond the Maximum Accrual rates that have been established.

15.4 VACATION LEAVE CASH OUT

A. Vacation Leave Cash Outs through Decem ber 31, 2018 - Employees will have the following cash-out options: 1) One eighty (80) hour cash- out any time during the fiscal year, regardless of the employee’s maximum accrual and regardless of the employ ee’s Vacation Leave usage; and, 2) Up to four cash- outs per fiscal year, any time during the fiscal year (irrespective of quarter), based on a “2 for 1” usage ratio, up to a maximum of 80-hours for each cash out. For example, if an employee uses 10 hours of Vacat ion Leave, the employee could cash out up to 20 hours of Vacation Leave; in order for an 522

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14 employee to cash -out the maximum of 80- hours Vacation Leave, the employee would need to use 40 hours of Vacation Leave.

All employees who are at the Maximum Accrual Level or who may reach the Maximum Accrual Level shall utilize the “Cash -Out” and/or “Vacation Leave” options so as to NOT exceed the Vacation Accrual Ceiling. Other than exceptions granted based upon City and/or Departmental needs as approved by both the C hief of Police and the City Manager, there will no other cash -out of Vacation Leave time beyond the Maximum Accrual rates that have been established.

This subsection (a) shall end on December 31, 2018.

B. Vacation Leave Cash Out for 2019 and There after - On or before the pay period which includes December 15 of each calendar year (which includes December 15, 2018) , an employee may make an irrevocable election to cash out up to one hundred and twenty (120) hours of vacation leave which will be earned in the following calendar year at the employee’s base rate of pay as follows:

An employee can cash out vacation during any quarter of the following year as long as on the date(s) chosen for cash out the employee has earned at least the amount of vacatio n he/she chooses to cash out. In other words, employees who made an irrevocable election to cash out vacation (up to a maximum of 120 hours for the year) shall choose to be paid out during one or more of the following payroll periods:

• Payroll period which includes April 1st
• Payroll period which includes July 1st
• Payroll period which includes October 1
st
• Final Payroll period of the calendar year.

ARTICLE 16 - SICK LEAVE

16.1 ACCRUAL OF SICK LEAVE - E mployees in the Association accrue four (4) hours of sick leave per pay period into a Primary Sick Leave Bank.

16.2 MAXIMUM ACCRUAL IN THE PRIMARY SICK LEAVE BANK - Employees may accrue up to 480 hours of sick leave credit in a Primary Sick Leave Bank.

16.3 OPTIONS WHEN AN EMPLOYEE REACHES THE MAXIMUM ACCRUAL OF SICK LEAVE IN THE PRIMARY SICK LEAVE BANK - When an employee has 480 hours of sick leave in his/her Primary Sick Leave Bank, his/her pay period accrual will be distributed in the following manner:

A. At the employee's option, one- half of the benefit will be:

1. Paid as monetary compensation to the employee at the employee's then current hourly base rate of pay or,
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15 2. Converted into vacation hours. If this option is chosen, the employee cannot accrue more than the maximum vacation hours as provided in the vacation hours article of this MOU.

B. The remaining one -half benefit will be placed in the employee's Secondary Sick Leave Bank.

16.4 USE OF PRIMARY SICK LEAVE BANK - Hours in this bank may be used if an employee is sick or as otherwise provided by law.

16.5 SECONDARY SICK LEAVE BANK - In the past, there was no cap on the accrual o f sick leave. As provided above, the parties agreed to place a cap on the accrual of sick leave in the Primary Sick Leave Bank and create a Secondary Sick Leave Bank. This bank includes sick leave previously earned and as well as sick leav e deposited into the bank when an employee reaches their max imum accrual in the Primary Sick Leave Bank as provided for in Article 16.1.

If an employee has a Secondary Sick Leave Bank, the first 40 hours of sick leave used per calendar year must be from this bank. Hours in this bank may also be used in the event of a verified non-industrial disability which has resulted in an absence from duty of at least 60 consecutive calendar days. In this event, sick leave in the Secondary Sick Leave Bank may be use d for additional consecutive absences resulting from the disability; or it m ay be used to supplement LTD payments (so that the employ ee receives his/her full compensation) should the employee qu alify for long term disability benefits.

Additionally, an amount of sick leave equal to the hours used from the Primary Bank f or said disability (i.e., if an employee is out for at least 60 days) may be transferred from the Secondary Bank to the Primary Bank provided that such transfer shall not result in there being in excess of 480 hours in the Primary Bank.

16.6 At the time of separation from the City, (unless terminated for cause) with a minimum of 20 years of continuous service , including if separati on is by retirement (defined as having applied for retirement benefits from CalPERS), the employee shall have the option of:

A. Being paid at his/her then current hourly rate for one -half of the sick leave accrued in both his/her Primary Sick Leave Bank, and Secondary Sick Leave Bank, or,

B. The employee can choose to apply all credited time (both Banks) towards his or her service credit.

ARTICLE 17 - BEREAVEMENT LEAVE

17.1 Whenever an employee is compelled to be absent from duty by reason of a death or critical illness where death appears imminent of grandparent, father, mother, brother, sister, (this includes step brothers and sisters) wife, husband, or child of employee, spouse, or domestic partner such employee shall, upon approval of their department director, be entitled to charge such absence as “bereavement leave” to a maximum of three (3) days of paid leave per occurrence. This leave may also be used in the case of a miscarriage by a female employee and/or employee whose spouse or registered domestic partner suffers a miscarriage. This would also apply in the case of a miscarriage by a surrogate. Any additional time that may be required must be approved by the Police Chief (and will be approved if required by law) and will be charged first to sick leave, then the employee can choose between vacation, compensator y time off or floating holiday leave. If all such leaves are ex hausted it will be charged to unpaid leave if t he employee does not have accrued sick leave, vacation compensatory time off or floating holiday leave. The City 524

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16 Manager or designee, upon written request, may grant bereavement leave to an employee for persons in other relationships to the employee than are listed above.

ARTICLE 18 - LONG TERM DISABILITY

18.1 An employee is eligible for Long Term Disability (“LTD”) benefits. The premium for the Plan is paid for by each employee. Employees are eligible for benefits under the current plan for disabilities as defined by the plan and per the provisions of the plan after a 60-day elimination period. Once eligible for LTD, an employee may exercise the option of using accumulated vacation and sick leave in his or her Primary or Secondary Sick Leave Bank to supplement LTD pay ments up to an amount not to exceed 100% of monthly salary.

ARTICLE 19 - LAYOFF PROCEDURES

19.1 Because of material change in duties or organization of the Costa Mesa Police Department , or shortage of work or funds, positions represente d by the Association and covered by this MOU may be subject to lay off. Thirty (30) calendar days before the effective date of a layoff, the Chief of Police shall notify the Assistant City Manager and employee subject to layoff of the layoff decision. The City’s Personnel Rules and Regulations provide the policies and procedures related to the layoff of City employees.

ARTICLE 20 - DISCIPLINE

20.1 DISCIPLINE GENERALLY - Represented employees are sworn employees who are covered by Public Safety Officer s’ Procedural Bill of Rights Act. The provisions provided in this article are intended to comply with that law. Employees may be subject to discipline if they engage in misconduct or if they have any of the performance deficiencies which are set forth below in Article 19 .5 which have not been addressed through performance management. Generally, performance based disciplin e will not occur unless and until the employee has been given opportunities for improvement which have not been successful. Misconduct based discipline will generally use a progressive discipline approach (i.e., using discipline to modify behavior which gets progressively more severe if there is a continuation of the misconduct). However, depending on the severity of the particular misconduct, an employee could be subject to any of the various types of discipline from a warning to dismissal.

All proposed discipline will set forth the alleged facts upon which the discipline is based, the s pecific expectations of change or improvement to be demonstrated by the employee, and notice that additi onal discipline could be imposed against the employee in the event a change in the employee's conduct or performance does not occur.

The following are the applicable types of discipline:
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17 A. Written Warning

B. Written Reprimand
C. Suspension: Unless extended by approval of the City Manager or Assistant City Manager on written recommendation of the Chief of Police, the maximum period of suspension is thirty (30) calendar days.

D. Demotion: A demotion is defined a reduction in the employee’s rank.

E. Reduction in Pay

F. Dismissal

20.3 NOTICE OF PROPOSED DISCIPLINE - Employees subject to proposed discipline will be provided with pre -deprivation procedural due process. The Notice of Proposed Discipline will set forth the alleged facts upon which the proposed discipline is based and the employee will be provided w ith all documents upon which the City relied in issuing the Notice. The employee will also be notified that he or she has the right to respond to the discipline either orally or in writing and the employee has the right to be represented during any meetings (by a representative of his/her choice per Government Code section 3303(i) at which the proposed discipline will be discusse d with the employee. However, the right to respond is up the employee. The employee has the right not to respond if he/she chooses. However, if that occurs, if the Chief of Police or his/her designee impo ses the proposed discipline it will be without the employee’s input or response.

An employee's opportunity to respond to the proposed discipline is not intended to be an evidentiary hearing. It is a meeting to give the employee an opportunity to respond to the proposed discipline. If, as a result of the meeting, the Chief of Police or his/her designee determines that the information provided by the employee raises doubts as to the accuracy of the information leading to the proposed discipline further investigation may be initiated to determine if the proposed discipline is warranted.

The Chief of Police will evaluate the proposed discipline in light of the employee’s response, if any.

Within five (5) working days of the employee's response, or other deadline for response established by the parties, the decision of the Chief of Police or designee will be transmitted in writing to the employee.

20.4 APPEAL PROCEDURES - Employees have the right to appeal discipline which qualifies as “punitive action” under the Public Safety Offic ers’ Procedural Bill of Rights Act (“Act”). The Parties agree to the following appeal procedures:

A. Appeal Process for Reductions in Pay, Demotion, Suspension in Excess o f 20 Hours or Dismissal

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18 1. A list of registered arbitrators will be certifi ed by the parties. CMPM A and the City shall each submit the names of five (5) arbitrators to complete a listing of ten (10) arbitrators. The arbitrators shall be registered with the American Arbitration Association, California State Mediation and Conciliation Service or some other agreed upon recognized reputable source. Within seven (7) calendar days of the employee's request for an arbitration appeals hearing, each party may strike three or less names from the established list. If the employee or the Association fails to strike within thirty (30) calendar days, the employee is considered to have abandone d the appeal. If a mutual agree ment cannot be reached between the parties as to the selection of an arbitrator from the remaining names, the matter will be heard by the listed arbitrator who is first available to hear the matter within the time frames of the process. The party to have the first opportunity to strike a name from the list of ten arbitrators shall be determined by a coin toss.

2. The selected arbitrator shall serve as the hearing officer.

3. Where practicable, the date for a hearing shall not be less than 20 calendar days, nor more than 90 calendar days, from the date of the filing of the appeal with the Assistant City Manager. The parties may however stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, ti me, and place of hearing and the identity of the hearing officer to whom the matter has been assigned.

4. All hearings shall be private; however, the employee may request to open the hearing to the public.

5. Subpoenas and subpoenas duces tec um pertaining to a hearing shall be issued at the request of either party to the Hearing Officer, not less than seven (7) calendar days, prior to the commencement of such hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the hearing officer.

6. The hearing need not be conducted in accordance with technical rules relating to evidence, civil procedure and witnesses. Any relevant evidence shall be admitted if it is the sort of evi dence on which reasonable perso ns are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplemen ting or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.

The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission or exclusion of evidence.

7. Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to ca ll and examine witnesses; to in troduce evidence; to cross - examine opposing witnesses on any matter relev ant to the issues even though t hat matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the employee does not testify in his/her own behalf, he/she may be called and examined by a n opposing party, as if under cross -examination. Oral evidence 527

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19 shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee representative) mutually agree that it is not necessary.

8. The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs:

a. The party imposing discipline shall be permitted to make an opening statement;

b. The appealing employee shall then be permitted to make an opening statement;

c. The City shall produce the evidence on its part; the City bears the burden o f proof and burden of producing evidence;

d. The employee appealing the disciplin ary action may then open his/he r defense and offer his/her evidence in support thereof. The employee bears the burden of producing evidence for any affirmative defenses asserted;

e. The parties may then, in order, respectively offer rebutting evidence, unless the hearing officer for good reason permits them to offer evidence upon their original case;

f. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the hearing officer.

9. The hearing officer shall determine relevancy, weight, and credibility of te stimony and evidence. He/she shall base his/her findings on a preponderance of evidence presented. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, in his/her discretion, for good cause, otherwise directs. The hearing officer, prior to or during a hearing, may grant a continuan ce for any reason he/she believes to be important to reaching a fair and proper decision. The hearing o fficer shall render his/her opi nion as soon after the conclusion of the hearing as possible and in no event later than 30 days after conclusion of the hearing, absent a stipulation from the parties that a longer period of time is warranted. His/her decision shall set forth which charges, if any, are sustained and the reasons therefor. The opinion shall set forth findings of fact and conclusions.

10. The hearing officer may recomme nd sustaining or rejecting any or all of the charges filed against the employee. He/she may recommend sustain ing, rejecting, or modifying the disciplinary action invoked against the employee. He/she may not recommend discipline more stringent than that issued by the Chief of Police.

11. The hearing officer's opinion and recommendation shall be filed with the City Manager or designee, with a copy sent to the appealing employee, and the Assistant City Manager and shall set forth his/he r findings and recommenda tions. If it is a dismissal hearing and a dismissal is not the hearing officer 's recommendation, the opinion shall set forth the date the employee is recommended to be reinstated and/or other recommended action. The reinstatement date, if appropriate, may be any time on or after the date of disciplinary action.

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20 12. The City Manager or designee shall then review the hearing officer’s opinion and recommendation and render a decision on the appeal within thirty (30) days of the filing o f the opinion and recomme ndation. The decision of the City Manager or designee shall be final and conclusive. Copies of the City Manage r's or designee’s decision, including the hearing officer’s recommendation(s) shall be filed where appropriate, including the employee's personnel file, unless no discipline is upheld by the City Manager or designee. A copy of said decision shall also be served upon the parties and the employee.

13. Each party shall bear the cost of its own witness and attorney fees. The cos ts of the hearing and the court reporter shall be shared by the parties. If either party unilaterally c ancels or postpones a scheduled hearing, thereby resulting in a fee charged by the hearing officer or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee.

This process may not apply to mutual settlements by the parties which result in an arbitration fee.

14. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the City Manager or designee, the time of such discipline shall relate back to the date the employee was disciplined or a fter delivery of the City Manager’s or designee’s decision if discipline was stayed pending the arbitration hearing. If the City Manager’s or designee’s decision results in a reduction or elimination of a loss of pay which was previously recommended by the Chief of Police, the pay loss shall be restored to the employee.

15. The provisions of Sections 1094.5 and 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under this section, including the appeal of t he City Manager’s or designee’s f inal determination into the California court system, which must be made in accordance with the time standards and procedures established by Section1094.6 of California's Code of Civil Procedure.

B. Appeal Process for Lower Level Discipline

The following appeal process is established pursuant to Government Code § 3304.5.

A permanent Police Lieutenant or Police Captain s hall have the right to a ppeal suspensions of 20 hours or less, written warnings, or written reprimands in the following manner:

2. If within the five (5) day appeal pe riod the employee involved does not file said appeal, unless good cause for the failure is shown, the action o f the City shall be considered conclusive and shall take effect as prescribed.

CMPMA MOU
21 less than ten (10) days, nor more than thirty (30) days, from the date of the filing of the appeal, unless the parties stipulate to a different date. The employee shall be notified in writing of the date, time, and place of the hearing at least seven (7) calendar days prior to the hearing.

4. The City Manager or designee shall conduct an informal hearing on the appeal. Each party shall have the opportunity to present all relevant information in support of its respective position. These proceedings may be electronically recorded and either party shall have the right to cause them t o be reported by a certified shorthand reporter at the party's expense.

5. Within ten (10) days after the conclusion of the he aring, the City Manager or designee shall deliver to the employee a final writt en decision, and, which shall either: (a) affirm the decision; (b) modify it by: (1) holding that certain charges were not established by a preponderance of the evidence, and/or (2) reducing the penalty, or (3) overturn the decision in its entirety. The decision shall be final and binding on the parties and the employee, subject to their right to seek judicial review pursuant to 1094.5 and 1094.6 of the California Code of Civil Procedure.

20.5 BASIS FOR DISCIPLINARY ACTION - The tenure of every City employee shall be based on reasonable standards of personal conduct and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action, which shall be commensurate with the seriousness of the offense and with consideration of the employee's prior performance record. Dis ciplinary action shall be based upon any of the following grounds:

A. Fraud in securing employment or making a materially false statement on an application for employment or on any supporting documents furnished with or made a part of any application.

B. Incompetence such as failure to comply with the minimum standards for an employee's position for a significant period of time.

C. Neglect of duty, such as failure to perform the duties required of an employee’s position.

E. Dishonesty involving or affecting employment.

F. Being under the infl uence of al cohol or intoxicating drugs while on duty without a prescription. Unauthorized use of alcohol or any intoxicating drugs while on duty, or bringing alcohol or controlled substances onto any City work area, including work areas which are located away from the City Hall or Police Headquarters if the employee is on duty, without authorization from management.

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22 G. Abuse of alcoholic beverages, n arcotics or an y habit forming drug, in violation of the City's drug testing policy.

H. Inexcusable absence without leave.

J. Discourteous treatment of the public.

K. Improper or unauthorized use of City property.

L. Violation of the rules and regulations of the Police Department.

M. Any act or conduct undertaken which is of such a nature that it causes di scredit to fall upon the City, th e employee's department or division, whether during or outside of duty hours.

N. Failure to maintain proper conduct during working hours causing discredit to the employee's department or division.

O. Fighting, threats of bodily harm or causing an assault on a fellow worker w ithout justification.

P. Misuse of City records or information obtained for use outside the scope of their employment.

Q. Falsification of City re cords, including the intentional omission of relevant or required information.

R. Willful destruction of City property

S. Abuse of sick leave.

T. Knowingly failing to follow the procedures governing grievances when pursuing a grievance.

U. Inattention to duty, tardiness, carelessness or negligence in the care and handling of City property, private property in their care or Departmental business.

V. The employee's failure to resolve a physical or mental infirmity(s) or defect(s), when it is within the capacity of the employee to do so and when so directed by his/her supervisor.

W. Outside employment, which confl icts with the employee's position or the mission of the Department, and is not specifically authorized by the Chief of Police.

X. Acceptance from any source of a reward, gift or other form of remuneration in addition to the employee's regular compensation, as a personal bene fit to the employee for actions performed in the normal course of the employee's assigned duties. This does not include items o f recognition, such as commendation, certificates and other such incidents of office which may be presented to officers in recognition of superior performance or a job 531

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23 well done, so long as the presentation does not include any sort of payment or compensation for the performance of the officer's duty.

Y. Falsification of any City report or record, or of any report or record required to be, or, filed by the employee or which the employee causes to be filed.

Z. Violation of any of the provisions of the City Code, ordinances , resolutions, or any rules, regulations or policies which may be prescribed by the City Council , City Manager, department manager or supervisor.

AA. Engaging in political activities precluded by State or Federal law.

BB. Other acts which are incompatible with service to the public.

CC. Violation of the City’s harassment policy.

ARTICLE 21 - GRIEVANCE PROCEDURE

21.1 DEFINITION - A "grievance" is a formal, written allegation by an employee or the Association (referred to as “grievant”) that there has been a violation, misinterpretation or misapplication of this MOU and/or pro visions of the Personnel Rules an d Regulations. The grievance procedure is the sole and exclusive method to resolve any grievance as defined herein.

21.2 PROCEDURE

A. Informal Resolution: Every effort shall be made to resolve a grievance through discussion between the employee and his/her immediate supervisor. It is the spirit and intent of this procedure that all grievances are settled quickly and fairly without any discriminat ion against employees who may seek to resolve a grievance by invoking this proc edure.

Every effort should be ma de to find an acceptable solution at the lowest level of supervision. Within fifteen (15) calendar days after a grievant (either an employee or the Association) knew, or by reasonable diligence should have known, of the condition upon which a grievance may be based, the grievant shall attempt to resolve it by an informal meeting with the grievant’s immediate supervisor. The supervisor shall respond with a decision within ten (10) calendar days after meeting with grievant.

B. If the problem cannot be resolv ed between the employee and the supervisor, the employee may, within seven (7) calendar days from the date of receiving the answer from his/her supervisor, the grievant may request and be granted an interview with the division manager, if one exists, in order to further discuss the grievance. The division manager shall respond with a decision within ten (10) calendar days after meeting with grievant.

C. If the grievant and the division manager cannot reach a resolution to the grievance, the employee may, within seven (7) calendar days from the date of receiving the answer from the, request, in writing, and be granted an interview with the Chief of Police within seven (7) calendar days of the grievant’s request to discuss the grievance to try and reach a resolution which is satisfactory to the grievant. The Chief of Police shal l meet with the employee within seven (7) calendar days unless the date is mutually extended between the Chief and the grievant. If the grievant and Chief of Police cannot satisfactorily resolve the grievance, the Chief of Police will issue a written decision regarding the grievance within fifteen (15) calendar days after meeting with the grievant. 532

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24 D. The grievant may, within ten (10) calendar days from the date of the decision by the Chief of Police, submit a written request with the Human Resources Division requesting for advisory arbitration.

E. A list of registered arbitrator s will be certified by the Parties . CMPMA and the City shall each submit the n ames of five (5) arbitrators to complete a listing of ten (10) arbitrators. The arbitrators shall be registered with the American Arbitration Association, California State Mediation and Conciliation Service or some other agreed upon recognized reputable sour ce. Within seven (7) calendar days of the employee's request for an arbitration appeals hearing, each party may strike up to three names from the established list. If the employee or CMPMA fails to strike within thirty (30) calendar days, the employee is considered to have abandone d the appeal. If a mutual agreement cannot be reached between the parties as to the selection of an arbitrator from the remaining names, the matter will be heard by the listed arbitrator who is first available to hear the matter within the time frames of the process. The party to have the first opportunity to strike a name from t he list of ten arbitrators shall be determined by a coin toss.

F. The selected arbitrator shall serve as the hearing officer.

G. Where practicable, the date for a hearing shall not be less than 20 calendar days, nor more than 90 calendar days, from the date of the filing of the appeal with the Assistant City Manager. The parties may however stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing a nd the identity of the hearing officer to whom the matter has been assigned.

H. All hearings shall be private; however, the employee may request that t he hearing be open to the public.

I. Subpoenas and subpoenas duces tecums pertaining to a hearing shall be issued at the request of either party to the Hea ring Officer, not less than seven (7) calendar days, prior to the commencement of such hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the hearing officer.

Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The ru les of privilege shall be effec tive to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repet itious evidence shall be excluded. The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission or exclusion of evidence.

CMPMA MOU
25 covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee represe ntative) mutually agree that same is not necessary.

L. The hearing shall proceed in the following order, unless th e hearing officer, for special reason, otherwise directs:

1. The grievant shall be permitted to make an opening statement;

2. The City’s representative shall then be permitted to make an opening statement;

3. The grievant shall produce the evidence on his/her part; the employee bears the burden of proof and burden of producing evidence;

4. The City’s representative may then open his/her defense and offer his/her evidence in support thereof;

5. The parties may then, in orde r, respectively offer rebutting evidence, unless the hearing officer for good reason, permits them to offer evidence upon their original case;

6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the hearing officer.

M. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence. H e/she shall base his/her findings on a preponderance of evidence prese nted.

During the examination of a wit ness, all other witnesses, except the par ties, shall be excluded from the hearing unless the hearing officer, in his/her discretion, for good cause, otherwise directs. The hearing officer, pr ior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reac hing a fair and proper decision. The hearing officer shall render his/her opinion as soon after the conclusion of the hearing as possible and in no event later than 30 days after the conclusion of the hearing, absent a stipulation from the parties that a longer period of time is war ranted.

His/her advisory decision shall set forth why the grievance should or should not be sustained based on the evidence presented.

N. The City Manager or designee shall then review the hearing officer’s advisory opinion and recommendation and render a decision on the appeal within thirty days of the filing of said opinion and recommendation. The decision of the City Manager or designee shall be final and conclusive. Copies of the City Manager's or designee’s decision, including the hearing offi cer’s recommendation(s) shall be served upon the parties and the employee by first class mail.

O. Each party shall bear equally the cost of facilities, fees and expenses of the hearing officer if the officer is not an employee of the City. These fees also, include the fee of the court reporter and the costs of preparing the tra nscripts of the hearing. Each party shall bear the cost of its own wi tness and attorney fees. If either party unilaterally cancels or postpones a s cheduled hearing, thereby resul ting in a fee charged by the hearing officer or court reporter, then the party responsible for the cancellation or 534

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26 postponement shall be solely responsible for payment of that fee. This process shall not apply to mutual settlements by the parties, which result in an arbitration fee.

P. If the time limits for processing the employee’s grievance at any step defined above should elapse, the grievan ce shall be considered withdrawn. Tim e limits may be extended by mutual consent. If the City fails to respond within the prescribed time limits, the grievance will be deemed to have been denied and the employee may go to the next step. If the City Manager or designee fails to respond within the prescribed time limit, the grievance wi ll be deemed to have been denied and the employee will be deemed to have exhausted his/her administrative remedy.

Q. The employee and/or his/her representative may use a reasonable amount of work time as determined by the Chief of Police in presentin g the grievance. However, no e mployee shall absent himself/herself without first being excused by the Chief of Police.

R. Employees shall be assured freedom from reprisal for using the grievance procedures by both the City and CMPMA.

S. The settlement terms of a grievance, which is processed by an employee individually or by the Association shall not conflict with the express provisions of this MOU

T. A group grievance may be filed when one (1) set of circumstan ces or occurrences affects more than one (1) employee in the same manner or to the same extent. The group may file one (1) document, which all members of the group have read and signed. Member s of the group shall be limited to those who have signed the grievance. The resolution of a group grievance may not be consistent among all employees in the group grievance due to differences in the circumstances or occurrences that brought about the grievance.

ARTICLE 22 - HOLIDAY PAY

22.1 Effective the pay period that includes July 1, 2025, employees will no longer be eligible for holiday pay or holiday hours. Employees who wish to take holidays off will be required to utilize personal leave.

ARTICLE 23 - UNIFORM MAINTENANCE ALLOWANCE

23.1 The City provides uniforms or uniform allowance for employees represented by the Association.

The City will continue to replace, repair and maintain uniforms worn in the line of duty. The average cost of the uniforms/uniform allowances are reported as special compensation (for those employees defined as “classic employees” by the Public Emp loyees’ Pension Reform Act of 2013 for retirement calculation purposes and is currently reported as $17 per pay period. The parties agree, to the extent permitted by law, this compensation is special compensation for “Classic Employees” and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571.

23.2 Lieutenants not currently assigned to the Field Operations Division and Captains will have a complete uniform for duty wear. These Lieutenant and Captains may replace worn equipment or uniforms in the same manner as officers assigned to the Field Operations Division in addition to the $500.00 annual clothing allowance currently paid to employees working plain- clothes assignments. The parties agree, to the extent permitted by law, this compensation is special compensation for “Classic Employees” and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571. 535

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27 ARTICLE 24 - SENIORITY

24.1 Seniority is determined by length of continuous and uninterr upted service in each employee’s respective classification. Seniority is used for shift selection and selection of vacation . Seniority for purposes of layoff is addressed in the Personnel Rules and Regulations.

ARTICLE 25 - WORK SCHEDULES

25.1 The current work schedule for Lieutenants and Captains is the four-day workweek, ten-hour day, (4/10). This schedule will be in effect for the duration of the M.O.U. unless mutually modified pursuant to the Meet and Confer process. Seniority based on time in grade will determine the order in which employees select their yearly work schedules.

25.2 The annual selection of schedules and shifts/watch (watch synonymous with shift) for Patrol and Traffic personnel shall begin upon the completion of the rotation selection and shall conclude as soon as practical but before the January starting dates of the new shifts.

ARTICLE 26 - PROHIBITION OF TOBACCO

26.1 The on- duty use of tobacco in any form (cigarettes, cigars e-cigarettes [“ vaping”] and related tobacco products and technologies) is prohibited for all employees in the Association.

REPRESENTATIVES OF THE REPRESENTATIVES OF THE

COSTA MESA POLICE MANAGEMENT ASSOCIATION CITY OF COSTA MESA

BRYAN T. WADKINS CECILIA GALLARDO DALY
CMPMA President Interim City Manager

JASON CHAMNESS ALMA L. REYES
CMPMA Negotiations Team Member Acting Assistant City Manager

CARLOS A. DIAZ CAROL MOLINA
CMPMA Negotiations Team Member Finance Director

SCOTT STAFFORD KASAMA LEE
CMPMA Negotiations Team Member Human Resources Manager

CATHLEEN SERRANO
Acting Senior Budget Analyst
536

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28 537

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29 538

CMPMA MOU
30 539

REVISED 9/16/25

MEMORANDUM
OF

UNDERSTANDING

Between The Representatives Of The
Costa Mesa Firefighters Association
And The City of Costa Mesa

2024
2027

ATTACHMENT 3
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TABLE OF CONTENTS

PAGE
ARTICLE 1 RECOGNITION/PREAMBLE 3
ARTICLE 2 TERM OF AGREEMENT 4
ARTICLE 3 BASIC SALARIES AND WAGES 4
ARTICLE 4 PROMOTIONS 4
ARTICLE 5 HEALTH INSURANCE 5
ARTICLE 6 RETIREMENT 5
ARTICLE 7 RETIREE MEDICAL PROGRAMS 8
ARTICLE 8 HOLIDAY PAY BANK 8
ARTICLE 9 BILINGUAL PAY 9
ARTICLE 10 LEAVE REPLACEMENT AND OVERTIME PAY 10
ARTICLE 11 U NIFORM MAINTENANCE ALLOWANCE 11
ARTICLE 12 STAFFING LEVELS AND WORK SCHEDULE 11
ARTICLE 13 BENEFIT REVIEW COMMITTEE 11
ARTICLE 14 LABOR/MANAGEMENT MEETINGS 11
ARTICLE 15 HOURS POOL RECONCILIATION 11
ARTICLE 16 TUITION REIMBURSEMENT 12
ARTICLE 17 SPECIALTY ASSIGNMENT PAY 12
ARTICLE 18 RECRUITMENT AND RETENTION INCENTIVE PAY 13
ARTICLE 19 FIRE ADMINISTRATION ASSIGNMENT 13
ARTICLE 20 ASSOCIATION VACATION BANK 14
ARTICLE 21 SICK LEAVE INCENTIVE PROGRAM 14
ARTICLE 22 LONG TERM DISABILITY 15
ARTCILE 23 EDUCATION PAY 15
ARTICLE 24 CERTIFICATION PROGRAM 15
ARTICLE 25 LAYOFF PROCEDURES 18
ARTICLE 26 LEAVES OF ABSENCE 18
ARTICLE 27 FITNESS ANALYSIS TESTING 20
ARTICLE 28
DISABILITY DISCRIMINATION 22
ARTICLE 29 COMPUTER AND INTERNET USE 22
ARTICLE 30 DRUG TESTING FOR FIRE ENGINEERS 22
ARTICLE 31 GRIEVANCE PROCEDURES 22
ARTICLE 32 DISCIPLINARY PROCEDURES 24
ARTICLE 33 RETURN TO WORK POLICY 30
ARTICLE 34 MAXIMUM AGE FOR PUBLIC SAFETY EMPLOYEES 30
ARTICLE 35 MEET AND CONFER IN GOOD FAITH 30

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ARTICLE 1 - RECOGNITION/PREAMBLE

1.1 By resolution of the City Council of the City of Costa Mesa and pursuant to the provisions of the Meyers-Milias-Brown Act, Section 3500 et. seq. of the California Government Code, the City of Costa Mesa (hereinafter called the "City") has recognized the Costa Mesa Fire Association (hereinafter called the "Association" or “CMFA”) as the exclusive representative and agent for collective bargaining of the sworn members of the City of Costa Mesa Fire Department (hereinafter "Department" or "Fire Department") in the unit of representation consisting of the job classifications of Firefighter, Fire Engineer and Fire Captain, excluding all non-sworn Fire Department employees. The Association and the City are the Parties to this agreement and are jointly recognized herein as "The Parties."

1.2 This Memorandum of Understanding (MOU) has been prepared by representatives of the City and representatives of the Association who have met and conferred in good faith, examining a number of proposals and counter proposals concerning wages, hours of employment, fringe benefits and other terms and conditions of employment for the said sworn employees of the Fire Department defined in Section 1.1.

1.3 It is the mutual understanding of the City and Association that this MOU shall be submitted to the Costa Mesa City Council with the joint recommendation of the parties that the terms of this MOU be adopted, and that said City Council will take such other action as may be needed to implement its provisions.

1.4 The City and the Association hereby acknowledge that the terms and conditions of this MOU may not cover all of the terms and conditions of employment applicable to a member of the unit of representation covered by this MOU. These parties further acknowledge that any term or condition of employment which is not expressly covered herein, but is covered by existing ordinances, resolutions, policies and regulations of the City, including the Personnel Rules and Regulations presently in effect shall be controlled by the existing provisions of said ordinances, resolutions, policies and regulations to the extent that said policies and regulations do not change, abrogate, modify or amend any express term of this MOU.

1.5 The wages, hours and other terms and conditions of employment currently in effect for the job classifications covered herein shall remain in effect unless modified, amended or deleted by this MOU or subsequent MOUs, or unless a tribunal of competent jurisdiction holds that any part of this MOU is found to be insufficient, in conflict or inconsistent with other laws or contractual obligations of the Parties, or otherwise held to be invalid, unlawful or unenforceable, in which case such part or provision, and only such part or provision, shall be severed from this MOU or shall be suspended or superseded by such applicable laws and regulations. If such legal severance invalidates a benefit defined herein, said benefit shall be replaced by an item or alternative benefit of comparable value to the extent allowed by law. The Parties shall meet and confer in good faith to determine the replacement, or if any replacement is possible.

1.6 The Parties hereby agree that all of the material terms and conditions of previous MOUs are hereby superseded by the adoption of this MOU.

1.7. For the term of this MOU, neither party shall be compelled to meet and confer with the other concerning any issue within the scope of representation of the Association. Each Party to this MOU hereby expressly waives its right to demand that the other Party meet and confer concerning any issue within the scope of representation of the Association. However, nothing in this MOU shall prohibit these Parties from exploring the possibility of amending this agreement over any issue within the scope of representation of the Association, if, and only if, both Parties hereto mutually agree to do so.

1.8 Continuous uninterrupted and efficient service to the community of Costa Mesa by the City and its employees, and orderly employer-employee relations are essential considerations of this MOU. Accordingly, the Association agrees on behalf of itself and its members, individually and collectively, that there shall not be any strikes, non- informational picketing, boycotting, work stoppages, slow- down strikes or any other 542

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concerted job actions constituting refusal to render services, including overtime or any other curtailment or restriction of work and services at any time during the term of this MOU.

1.9 The Association recognizes its duty and obligation to comply with the provisions of Section 1.8 of this MOU and to make every reasonable effort to assure that all employees covered by this MOU similarly do so. In the event of any concerted activity by employees in violation of the provisions of Section 1.8, the Association hereby agrees to direct its members to cease said action or conduct forthwith. No employee covered by this MOU shall be entitled to any benefits or wages whatsoever while engaged in activities prohibited by Section 1.8 of this MOU.

1.10 Except as modified by this agreement, all rights to manage, organize, direct and control the City's Fire Department are retained exclusively by the City and its management personnel.

1.11 During the term of this MOU, the parties agree either side can propose MOU language to clean up provisions which are either outdated or in need of modification. Any language changes must be mutually agreeable.

ARTICLE 2 - TERM OF AGREEMENT

2.1 TERM - The MOU will commence on July 1, 2024, and will expire on June 30, 2027.

ARTICLE 3 - BASIC SALARIES AND WAGES

3.1 COMPENSATION - Employees covered by this Agreement shall be compensated at the established monthly base salary rates under the Basic Pay Schedule for sworn fire personnel. All positions under this Schedule shall be assigned a range number established by the City Council resolution.

3.2 SALARY ADJUSTMENTS - Salary adjustments for each classification will be implemented as follows:

Increase of 5% effective the payroll that includes July 1, 2024 Increase of 3.75% effective the payroll that includes July 1, 2025 Increase of 3.75% effective the payroll that includes July 1, 2026

3.3 MANDATORY DIRECT DEPOSIT - All association employees shall be required to enroll in payroll direct deposit. Paychecks will be electronically paid to an employee’s bank account. Upon separation, employees will be paid with a physical paycheck that will be held in the Human Resources Division.

ARTICLE 4 - PROMOTIONS

4.1 RATE OF PAY - Current administrative regulations provide that when an employee is promoted that the promotee shall be placed at a step within the appropriate salary range for the new classification that pays at least 5% higher than the rate of pay earned prior to the promotion, provided that the promotee's new rate of compensation does not exceed the top step of the new position's appropriate salary range. In making this determination, “the rate of pay earned prior to the promotion” shall include any paramedic assignment payments to any Firefighter who is receiving such assignment pay and who is promoted to Fire Engineer.

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ARTICLE 5 - HEALTH INSURANCE

5.1 IRS SECTION 125 BENEFIT PLAN - The City shall provide the amount listed below toward the payment of premiums under an IRS Section 125 Benefit Plan. Core benefits include life and long term disability insurance. Medical insurance is a required core benefit which a City employee is required to carry if a City employee is not covered by another medical insurance plan with comparable coverage at the end of the open enrollment period.

5.2 PEMHCA - The City contracts with the California Public Employees’ Retirement System (“PERS”) for medical insurance. The City will contribute the PERS statutory minimum on behalf of each participant in the program, which is included in the City’s Contribution to the flexible benefit account described below. Eligible employees may select any of the medical insurance plans offered by CalPERS.

5.3 CONTRIBUTION AMOUNT - The City’s contribution towards each employee’s flexible benefit account is as follows: Effective on the first day of the month following City Council approval of this MOU – two thousand one hundred and nineteen dollars ($2,119.00) per month. This amount is inclusive of the CalPERS statutory minimum amount for each year.

5.4 WAIVER OF INSURANCE/ CASH BACK FROM THE CITY - An employee who elects to opt out of medical coverage offered by the City must be able to provide proof of minimum essential coverage ("MEC") through another source (other than coverage in the individual market, whether or not obtained through Covered California).

Any employee in the unit who either opts out of health insurance or selects benefits which cost less than the dollars contributed by the City to each employee for flexible benefits as provided in Article 5.3 above ($2,119 per month) can receive up to a maximum of one thousand and sixty dollars ($1,060) as cash.

5.5 QUALIFICATION FOR FLEX CONTRIBUTION - Employees must receive compensation for the entire pay period to receive the flexible benefit contribution amount. Use of accrued leave qualifies as compensation for this purpose. Employees will be ineligible for the flexible benefit contribution if the employee records absence without pay hours within the pay period. Catastrophic illness leave donations to employees will not meet the qualifications for the flex contribution. Disciplinary actions will not disqualify an employee from receiving the flex contribution. This provision shall not apply to a pay period during which an employee has exhausted all paid leave benefits. Its application shall take effect the following pay period.

ARTICLE 6 - RETIREMENT

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

A. For “Classic Member” Employees

1. Retirement Formula: The City contracts with CalPERS to provide the 3% at 50 retirement formula (Tier 1) for all employees hired before December 31, 2012, as set forth in California Government Code Section 21362.2. For employees hired on or after December 31, 2012, who are classic members as defined, the City contracts with CalPERS to provide the 2% at 50 retirement formula (Tier 2) as set forth in California Government Code Section 21362.

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2. Retirement Benefit Calculation Period: The City's contract with CalPERS provides for the "Single Highest Year" retirement benefit for which “classic member” employees hired prior to December 31, 2012, in the unit are included per Government Code section 20042.

The retirement benefit is based on the highest annual compensation for the one year during the employee's membership in CalPERS. For employees hired on or after December 31, 2012, who are classic members as defined, final compensation will be based on the 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 20037.

3. Payment of Employee/Member Contribution:

a. Tier 1 Employees Subject to the 3%@50 formula:

Employees will pay the full nine percent (9%) CalPERS member contribution as compensation earnable towards their CalPERS member contribution. The City shall pay and report zero percent (0%) as an Employer Paid Member Contribution (EPMC) under Government Code section 20636(c)(4) pursuant to section 20691.

b. Tier 2 Employees Subject to the 2%@50 formula:

Employees pay the full nine percent (9%) CalPERS Member Contribution. The City pays and reports zero percent (0%) as an Employer Paid Member Contribution (EPMC) under Government Code section 20636(c)(4) pursuant to section 20691.

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:

a. Effective at the beginning of the pay period which includes July 1, 2024, employees in tier 1 subject to the 3%@50 formula pay an additional five percent (5%) for cost sharing into their employee account with PERS in accordance with Government Code section 20516(a). When this five percent (5%) is added to the employees’ payment of nine percent (9%) towards their member contribution, employees shall pay fourteen percent (14%) compensation earnable towards their pension.

b. Effective at the beginning of the pay period which includes July 1, 2024, employees in tier 2 subject to the 2%@50 formula pay additional an additional five percent (5%) for cost sharing into their employee account with PERS in accordance with Government Code section 20516(a). When this five percent (5%) is added to the employees’ payment of nine percent (9%) towards their member contribution, employees shall pay fourteen percent (14%) compensation earnable towards their pension.

B. For “New Members” (Tier 3) As Defined By the Public Employees’ Pension Reform Act of 2013 (PEPRA)

2. Retirement Benefit Calculation Period: For unit members defined as “new members” under the PEPRA such employees’ final compensation will be based on the highest 545

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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 will be determined by CalPERS in the future. 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:

a. Employees who are defined as “New Members” by the PEPRA and who subject to the 2.7%@57 will pay one quarter percent ( 0.25%) compensation earnable as cost sharing in accordance with Government Code section 20516(f).

Notwithstanding the above, subsequent to July 1, 2024, the cost share payment for PEPRA employees will fluctuate if the normal cost rate changes. If the half the normal cost rate reduces below thirteen and three quarters percent (13.75%), the cost share (per Government Code section 20516(f) will go up so that when combined with the half the normal cost rate, the employee is paying a total of fourteen percent (14%) for retirement. If the half the normal cost rate increases above thirteen and three quarters percent (13.75%), the cost share (per Government Code section 20516(f) will go down so that when combined with the half the normal cost rate, the employee is paying a total of fourteen percent (14% ) for retirement. If the half the normal cost rate goes above fourteen percent (14%), there will be no cost share payment due from the PEPRA new member (Tier 3) employees. Rather, the employee will just pay the applicable half the normal cost rate as determined by CalPERS.

If one-half the normal cost rate exceeds fourteen percent (14%) (and it is rounded by CalPERS to the nearest one -quarter of a percent), the City will contribute the amount above fourteen percent (14%) to the deferred compensation account (per IRS Code section 457(b)) of each new member.

6.2 CalPERS CONTRACT - The City will continue to provide pension benefits to represented employees in accordance with the CalPERS contract in effect on the effective date of this MOU. The City's contract with CalPERS for fire safety employees includes the following options:

• Section 20037 (Three Year Final Compensation, only applies to Tier 2) • Section 20042 (One Year Final Compensation, only applies to Tier 1) • Section 20516 (Employee Cost Share, only applies to Tier 1) • Section 20965 (Credit for Unused Sick Leave)
• Sections 21624/21626 (Post-Retirement Survivor Allowance, only applies to Tier 1) • Section 21620 (Retired Death Benefit of $500)
• Section 21329 (COLA of 2%)
• Section 21362.2 (3% @ 50 Benefit Formula, only applies to Tier 1) • Section 21362 (2% @ 50 Benefit Formula, only applies to Tier 2) • Section 20903 (Two Years Additional Service – Golden Handshake) 546

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• Section 21635 (Post-Retirement Survivor Allowance Continues After Remarriage) • Section 21573 (Third Level of 1959 Survivor Benefits) • Section 21551 (Death Benefit Continues After Remarriage) • Section 20055 (Credit for Service Before CalPERS Contract) • Section 20938 (Limited Prior Service Credit to Employees on Contract Date) • Section 21536 (Local System Service Credit for Basic Death Benefit) • Section 20481 (Transfer of Local System Assets to CalPERS) • Section 21427 (Disability Retirement - Maximum 50% of Final Compensation) • Section 21024 (Military Stats 76)
• Section 21023.5 (Peace Corps/AmeriCorps Service)
• Section 21022 (Public Service Layoff)
• Section 21548 (Pre-Retirement Option 2W)
• Section 21027 (Military Retiree)
• IRC 414(h)(2) (Pre-tax payroll deduction plan for member contributions and service credit purchase)

ARTICLE 7 - RETIREE MEDICAL PROGRAMS

7.1 RETIRED EMPLOYEES’ MEDICAL PROGRAM - The City shall continue to provide life and medical insurance for retired employees of the City as defined in Council Policy 300-1 for employees hired before January 2, 2004. Employees hired after January 1, 2004, who have funds on deposit in the Retirement Health Savings plan (contributions to which have been suspended) will maintain those funds.

ARTICLE 8 - HOLIDAY PAY BANK

8.1 The following Holiday Pay provisions are effective May 1, 2023.

8.2 DESIGNATED HOLIDAYS - The following are the City designated holidays for employees covered by this agreement:

New Year’s Day
January 1st
Juneteenth
June 19th
Thanksgiving Day
4th Thursday in November
Martin Luther King, Jr.
3rd Monday in January
Independence Day
July 4th
Day after Thanksgiving
4th Friday in November
President’s Day
3rd Monday in February
Labor Day
1st Monday in September
Christmas Day
December 25th
Memorial Day
Last Monday in May
Veteran’s Day
November 11th

8.3 In the event any of the above holidays fall on Saturday, the preceding Friday will be observed. In the event any of the above holidays fall on Sunday, the following Monday will be observed. All employees covered by this agreement work in positions that require scheduled staffing without regard to holidays.

8.4 56-HOUR EMPLOYEE (13.2364 hours per holiday) - At the end of any pay period during the payroll calendar year, employees may elect to receive a cash payment for earned holiday pay benefits of

13.2364 hours for each holiday for a total of 145.6 hours. At the end of the payroll calendar year, any 547

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remaining holiday hours will be cashed out on the last payroll of the payroll calendar year. Holiday pay cannot be converted into leave or compensatory time off.

8.5 40-HOUR EMPLOYEE (9.455 hours per holiday) - At the end of any pay period during the payroll calendar year, employees may elect to receive a cash payment for earned holiday pay benefits of

9.455 hours for each holiday for a total of 104 hours. At the end of the payroll calendar year, any remaining holiday hours will be cashed out on the last payroll of the payroll calendar year. Holiday pay cannot be converted into leave or compensatory time off.

8.6 Holiday pay will be paid at the employee’s base rate of pay plus applicable paramedic pay per Article 17.1.

8.7 If an employee separates from the service of the City and has used or been paid for holiday pay in advance of the date(s) or day(s) the holidays actually occurred, the City will deduct the cash value for holiday benefits already paid, but unearned at the time of separation from the employee’s final paycheck.

8.8 Employees are only eligible for holiday pay for the designated holidays that occur during the term of their employment (e.g., an employee hired on January 10, will not be eligible for holiday pay for New Years Day for the calendar year of their hire, but would be eligible for Martin Luther King Day and any further designated holidays which fall during their employment).

8.9 ADDITIONAL HOLIDAY - If the City provides an additional holiday to any other employee group during the term of this contract, the City will also provide the cash value of that additional holiday to employees covered by this agreement.

8.10 The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.

ARTICLE 9 - BILINGUAL PAY

9.1 BILINGUAL CERTIFICATION - Employees who meet the Department/City established standards and are routinely and consistently assigned to communicate in Spanish, Vietnamese, American Sign Language (ASL) and any other language approved by the City Manager shall receive two and one - half percent (2.5%) or five percent (5%) of the top step base salary for the Fire Engineer classification depending on level of proficiency. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 California Co de of Regulations, Section 571 and 571.1.

9.3 QUALIFICATION FOR 2.5% CERTIFICATION - The following standard of spoken Spanish, Vietnamese, or American Sign Language is followed for the 2.5% Certification:

A. The applicant has the ability to create with language, recombining and adapting learned material to express personal meaning and can handle simple situations and transactions in the course of their work such as paramedic calls, explanation of procedures, obtaining personal information, symptoms and health history, instructions to victims and onlookers, among others.

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B. The applicant is able to maintain simple face-to-face conversations, asking and answering questions regarding everyday survival on topics most related to self and immediate work environment; courtesy requirements, and personal needs during the course of routine calls not likely to be of a life-or-death nature.

C. The applicant can be understood with some repetition by a sympathetic native speaker.

D. The applicant demonstrates mastery of work -related vocabulary including: time, days of the week, months, family members, parts of the body, motions and states, greetings, home and community, food and beverages, alphabet and numbers, vehicles, simple commands, interrogatory words, etc.

E. Accuracy is required in the present tense and gender distinctions.

F. Core vocabulary of 300-600 words.

9.4 QUALIFICATIONS FOR 5% CERTIFICATION - In addition to Article 9.3 above, the 5% Certification requires:

A. Accuracy in present and past tenses.

B. Core vocabulary of 600-1200 words.

C. Exhibits good pronunciation, stress, and intonation skills as judged by the ability to be understood with little repetition or confusion by native speaker.

D. Ability to interview the victim of an accident, fire, or other situation involving a native speaker of Spanish and the conduct simple interrogations and investigations which could be of a life or death nature.

E. Ability to understand description, narration, main ideas and details on a variety of topics beyond the immediate situation.

ARTICLE 10 - LEAVE REPLACEMENT AND OVERTIME PAY

10. 1 FLSA WORK PERIOD - The parties acknowledge and agree to document that the City has adopted a work period pursuant to 29 U.S.C. section 207(k) and 29 C.F.R. section 553.230(a) for CMFA members and that the work period is fourteen (14) days. Members will not be entitled to overtime under the Fair Labor Standards Act until they have worked more than 106 hours in this work period. Firefighters on light duty are not subject to this work period.

10.2 OVERTIME COMPENSATION - Neither sick leave, vacation leave nor hours off of work on leave in accordance with Labor Code section 4850 shall be regarded as hours worked for FLSA accounting purposes.

10.3 OVERTIME IF AN EMPLOYEE IS FORCE HIRED - Notwithstanding Articles 10.1.and 10.2, the parties agree that an employee who is force hired (i.e., when an employee without availability is required (forced) to work) to work an overtime shift shall be entitled to receive overtime compensation at time and a half at the regular rate of pay for the force hired hours.

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10.4 CALL-BACK - Anytime an off duty employee is required to report for duty for staffing level requirements, emergencies, disasters, fire investigation responsibilities, or other department-related needs, that employee shall receive a minimum of two (2) hours at one and a half times the employee’s base salary rate. This does not apply to early reporting or “hold-overs”.

ARTICLE 11 – UNIFORM MAINTENANCE ALLOWANCE

11.1 The City provides uniforms for employees represented by the Association. The City will continue to replace, repair and maintain uniforms worn in the line of duty. The average cost of the uniforms/uniform allowances are reported as $17 per pay period. The parties agree, to the extent permitted by law, this compensation is special compensation for “Classic Employees” and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571

ARTICLE 12 - STAFFING LEVELS AND WORK SCHEDULE

12.1 STAFFING - Any and/or all provisions of department staffing levels shall be subject to change based upon concurrence of the Fire Chief and the City Manager. Although the Fire Chief and/or City Manager shall solicit and consider Association perspectives regarding any such contemplated change, the solicitation and consideration of Association perspectives shall not be governed by the requirements of Government Code § 3500 et seq ., the Meyers -Milias-Brown Act. Therefore, the Association clearly, knowingly, and unequivocally waives its rights to engage in the meet and confer process as a condition precedent to any changes.

ARTICLE 13- BENEFIT REVIEW COMMITTEE

13.1 BENEFIT REVIEW COMMITTEE - CMFA shall maintain two representatives on the City’s Benefit Review Committee. The Committee continually evaluates the City’s benefit programs and makes recommendations on plan changes, benefit levels, payroll deductions and the addition or deletion of plans.

Participation on the Benefit Review Committee meets the City’s obligation to negotiate with CMFA on changes to the City’s group benefit plans unless CMFA determines that such changes are detrimental to the interest of its members.

ARTICLE 14 - LABOR/MANAGEMENT MEETINGS

14.1 TWICE PER YEAR - The City and CMFA agree to meet as needed not more than twice in a calendar year to discuss issues of mutual interest.

ARTICLE 15- HOURS POOL RECONCILIATION

15.1 ZEROING OF HOURS - The Association agrees to the current status of the hours pool figures upon verification and acknowledges its obligation and responsibility in maintaining accurate reporting and documentation. The zeroing of the hours pool shall occur annually from the members’ vacation bank hours.

This zeroing shall occur at the end of the pay period in which all three (3) shifts normally reach zero in alignment with department shift movement due to shift bid process, followed by annual zeroing out one year from shift bid movement (on a date agreed to by the association and Fire administration). For “Exchanges of Time”; there will be an upper and lower threshold range of 96 hours up and 96 hours down for “open ended trades.” Should an employee be “outside” of this range, their ability to trade will be suspended until their 550

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trade status is back within range. Three times per year (one month prior to the zero out dates) there will be a report generated to ensure that no employee is outside of this range. This report will be given to the Battalion Chief or their designee to ensure compliance. Open ended is defined as no payback day is scheduled.

ARTICLE 16 - TUITION REIMBURSEMENT

16.1 PASSING GRADE - Tuition, certification fees, and textbook costs involved in educational courses which may be taken by an employee, and which pertain to their City employment, shall be reimbursed to said employee by the City. The employee participating must achieve a passing grade of a “C” or better, Credit/No Credit or a Certificate of Completion and should see that the Human Resources Manager receives a copy, where appropriate, of the employee’s grade(s) before any reimbursement.

16.2 REIMBURSEMENT AMOUNT - The City will reimburse up to a maximum of $1,500 per fiscal year for qualifying expenses.

16.3 ELIGIBLE CLASSES - Eligible classes that pertain to an individual’s City employment will include those that are job-related or those needed to complete a degree program. All courses or seminars related to any of the approved categories in the Certification Program are eligible for reimbursement.

16.4 REQUIRED APPROVAL - All claims for tuition reimbursement require the approval of Fire Administration before receiving the funds.

ARTICLE 17 – SPECIALTY ASSIGNMENT PAY

17.1 PARAMEDIC PAY - Applicable to Fire Department personnel who obtain and maintain Paramedic certification and are routinely and consistently assigned to the Mobile Intensive Care Division as follows:

• 10.00% above the base salary of Firefighter when first assigned • 11.25% above the base salary of Firefighter after the first license renewal as a City employee • 12.50% above the base salary of Firefighter after the second license renewal as a City employee • 13.75% above the base salary of Firefighter after the third license renewal as a City employee

State Mandated Change - Any employee receiving Paramedic certification pay will not be adversely affected should the State mandate a change in the duration of the license renewal period. Paramedics will receive the same incremental increases for license renewals.

Bonus - The City will pay a $500 bonus for the fourth and each and every subsequent license renewal.

The parties agree, to the extent permitted by law, this compensation is special compensation for “Classic Employees” and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.

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ARTICLE 18 - RECRUITMENT AND RETENTION INCENTIVE PAY

18.1 RECRUITMENT AND RETENTION INCENTIVE PAY - Recruitment and Retention Incentive Pay is compensation to incentivize Fire Department sworn employees to remain with the City of Costa Mesa. Recruitment and Retention Incentive Pay shall be paid on a biweekly basis.

Employees in this bargaining unit who have been employed in a full -time equivalent sworn firefighting position (as defined in Government Code Section 3251 or the out-of-state equivalent as determined by the Fire Chief) in a municipal, state or federal fire department or other agency (as determined by the Fire Chief) for twenty-five (25) years or more shall receive recruitment and retention incentive pay of ten percent (10%) of employee’s base salary plus paramedic pay per Article 17.1.

Effective the payroll that includes July 1, 2024, employees in this bargaining unit who have been employed in a full-time equivalent sworn firefighting position (as defined in Government Code Section 3251 or the out-of-state equivalent as determined by the Fire Chief) in a municipal, state or federal fire department or other agency (as determined by the Fire Chief) for twenty (20) years or more shall receive recruitment and retention incentive pay of seven and a half percent (7.5%) of employee’s base salary plus paramedic pay per Article 17.1.

Effective the payroll that includes July 1, 2025, employees in this bargaining unit who have been employed in a full-time equivalent sworn firefighting position (as defined in Government Code Section 3251 or the out-of-state equivalent as determined by the Fire Chief) in a municipal, state or federal fire department or other agency (as determined by the Fire Chief) for fifteen (15) years or more shall receive recruitment and retention incentive pay of five percent (5%) of employee’s base salary plus paramedic pay per Article 17.1.

Effective the payroll that includes January 1, 2026, employees in this bargaining unit who have been employed in a full -time equivalent sworn firefighting position (as defined in Government Code Section 3251 or the out -of-state equivalent as determined by the Fire Chief) in a municipal, state or federal fire department or other agency (as determined by the Fire Chief) for ten (10) years or more shall receive recruitment and retention incentive pay of two and a half percent (2.5%) of employee’s base salary plus paramedic pay per Article 17.1.

Service in any classification other than a sworn firefighting classification will not count towards this purpose.

ARTICLE 19 - FIRE ADMINISTRATION ASSIGNMENT

19.1 PAY FOR ASSIGNMENT - An employee in the job classification of Firefighter, Fire Engineer and Fire Captain shall be entitled to compensation in the amount of ten percent ( 10%) of base salary for their classification when routinely and consistently assigned by the Fire Chief to perform administrative work in the Training, Safety and Professional Standards Manager position. An employee in the job classification of Fire Engineer or Fire Captain shall be entitled to compensation in the amount of ten percent (10%) of base salary for their classification routinely and consistently assigned by the Fire Chief to perform administrative work in the Emergency Medical Services Manager position and shall also be entitled to additional compensation in the amount of ten percent (10%) over the base rate for their classification for maintaining their paramedic certification . Only one employee may be assigned to the Training, Safety and Professional Standards Manager and Emergency Medical Services Manager positions (two employees total) at a time.

Employees assigned to these positions will be placed on a forty (40) hour administrative a ssignment 552

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workweek. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.

ARTICLE 20 - ASSOCIATION VACATION BANK

20.1 CMFA HOURS BANK - The City agrees to maintain a vacation bank to be administered by the CMFA Board of Directors. The bank will be comprised of hours voluntarily donated by Association members. The City will notify CMFA when this bank reaches a positive balance in excess of $30,000.00 or a negative balance of $5,000.00 so donations can be appropriately adjusted.

ARTICLE 21 - SICK LEAVE INCENTIVE PROGRAM

21.1 ACCUMULATION LIMITS - Employees may accumulate up to a maximum of 672 hours of sick leave credit in a Primary Sick Leave Bank for each employee covered hereunder. Upon reaching this maximum number of accumulated sick leave hours, the employee's biweekly benefit of 6.72 hours will be distributed in the following manner:

a. At the employee’s option, one-half of the benefit will be:

1. Paid to the employee at the employee’s then current hourly base rate of pay.

2. Converted into vacation hours.

b. The remaining one-half benefit will be placed in a Secondary Sick Leave Bank for the employee.

21.2 PRIMARY SICK LEAVE BANK - Hours in this bank may be used in accordance with the rules regarding sick leave use in general as defined in the City's Personnel Rules and Regulations.

21.3 SECONDARY SICK LEAVE BANK - If an employee has a Secondary Sick Leave Bank, hours in that bank will be used first in accordance with the rules regarding sick leave use. Hours in this bank may also be used in the event of a verified non-industrial disability which has resulted in an absence of 60 consecutive calendar days. In this event, sick leave in the Secondary Sick Leave Bank may be used for additional consecutive absences resulting from the disability; or it may be used to supplement LTD should that event occur. Additionally, an amount of sick leave equal to the hours used from an employee's Primary Bank for said disability may be transferred from the employee's secondary Bank to the Primary, provided that such transfer does not result in an excess of 672 hours in the employee's Primary Bank.

21.4 SEPARATION FROM CITY - Upon either separation from the City of Costa Mesa, with a minimum of 20 years of continuous honorable service; or eligibility for retirement benefits, (as defined in the benefit Plan applied for) the employee shall have the option of:

a. Being paid at their current hourly base rate for one-half of the sick leave in their Primary Sick Leave Bank. There shall be no cash payment for sick leave in the Secondary Sick Leave Bank, or

b. Alternatively, the employee can choose to apply all credited time in both their Primary and Secondary Sick Leave Banks toward service credit. In addition, if this alternative is selected, then the payoff indicated in 19.4a above becomes a survivor benefit, to be paid to their designated beneficiary.
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ARTICLE 22 - LONG TERM DISABILITY

22.1 ELIGIBILITY - An employee is eligible for Long Term Disability (LTD) after thirty (30) calendar days. Once eligible for LTD pursuant to the terms and conditions of the LTD Plan, an employee may exercise the option of using accumulated vacation and sick leave in their Primary and Secondary Sick Leave Bank to supplement LTD payments up to an amount not to exceed 100% of monthly salary.

22.2 MEDICAL RETIREMENT - A permanent separation from service for disability shall be termed a “medical retirement” whether or not such separated employee receives benefits from either the Retirement Plan or LTD Plan.

ARTICLE 23 – EDUCATION PAY

23.1. EDUCATION PAY – Employees employed in the job classifications of Firefighter, Fire Engineer and Fire Captain shall be entitled to compensation in the amount of two and a half percent (2.5%) of top step base salary for the Fire Captain classification for completion of a Bachelor’s degree. It is the intent of the parties that any degrees submitted are accredited by Western Association of Schools and Colleges, Council for Higher Education Accreditation, or pre-approved by the Fire Chief or designee. Payment for Associate’s and Master’s degree and unit equivalents are included in Article 24.

Effective the pay period that includes July 1, 2024, compensation for completion of a Bachelor’s degree or 120 units will no longer be part of the certification program or subject to the certification program maximum compensation per Article 24.

Employees who are receiving certification pay for completion of 120 units as of July 1, 2008, will continue to receive $180 per month. No new employees will receive education pay for completion of 120 units.

Employees who are currently receiving certification pay for completion of 120 units and subsequently complete their Bachelor’s degree will be eligible for two and a half percent ( 2.5%) education pay and no longer receive compensation for 120 units.

ARTICLE 24 - CERTIFICATION PROGRAM

24.1 ELIGIBILITY - Employees employed in the classifications of Firefighter, Fire Engineer and Fire Captain will be eligible to participate in the Certification Program, based upon the following achievements and criteria.

24.2 CRITERIA

a. To become eligible for the Certification Program, employees must possess the Firefighter II certification.

b. The pays employees are eligible to obtain are based on top step base salary for the Fire Captain classification and shall be cumulative provided the total maximum monthly award payable to any employee shall not exceed seven and a half percent (7.5%) of the top step base salary for the Fire Engineer classification (for employees who do not possess a degree) and seven and a half percent (7.5%) of the top step base salary for the Fire Captain classification (for employees that possess 554

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a degree). Employees may not receive certification pays for both a degree and their unit equivalencies (i.e., employee cannot receive pay for both 60 units and an Associate’s Degree).

c. The parties recognize that this program needs to be reviewed and updated on a periodic basis to ensure its vitality and relevance including reviewing any revisions to the California State Fire Training (SFT) course matriculation plans.

d. Potential certification equivalencies (i.e., FEMA, NWCG, etc.) will be considered and approved by the Fire Chief on a case-by-case basis.

e. Employees who possess a certification for a promotional classification are eligible for move-up assignments and pay.

f. For all certifications that have an SFT task book, employees will be required to complete the SFT task book or department specific task book as determined by the Fire Chief.

g. Employees must submit official documentation/transcripts/completed task books to Fire Administration confirming that they are in possession of the required certifications and degrees prior to receiving an award.

h. Fire Administration will be responsible for notifying the Human Resources Division of the award qualification, upon verification that an employee has met the required criteria. The effective date of the certification pay will be the 1
st day of the payroll in which Fire
Administration received the official documentation. Should there be a delay in the receipt of a certification due to SFT, the effective date of the certification pay may be applied retroactively by the Fire Chief on a case-by-case basis.

i. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.

j. It is the intent of the parties that any units/degrees submitted are accredited by Western Association of Schools and Colleges, Council for Higher Education Accreditation, or pre - approved by the Fire Chief or designee.

24.3 MONTHLY AWARDS – The monthly awards are listed in the following chart.

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Classification Certification/Degree Monthly Award
Firefighter
Fire Engineer
Fire Captain
Fire Investigator (eff 7/1/24)
Investigator II (prior to 7/1/24) 0.75%
Fire & Emergency Services Instructor 2 (eff 7/1/24)
Instructor II (prior to 7/1/24) 0.75%
Fire & Emergency Services Instructor 3 (eff 7/1/24)
Instructor III (prior to 7/1/24) 0.75%
Fire Inspector I (eff 7/1/24)
Prevention Officer II/Fire Inspector I (prior to 7/1/24) 0.75% Fire Inspector II (eff 7/1/24)
Prevention Officer III/Fire Inspector II (prior to 7/1/24) 0.75% Fire & Life Safety Educator (eff 7/1/24)
Public Education Officer (prior to 7/1/24) 0.75%
CMFR Certified Engineer (eff 7/1/24)
Driver/Operator I (prior to 7/1/24)
(Pump Apparatus – classes only, eff 7/1/24)
(Fire Apparatus/Operator Pump – classes only prior to 7/1/24)

1.25%

0.75%
(DOI)
Structural Collapse Specialist I (eff 7/1/24)
Rescue Specialist (Rescue Systems I & II prior to 7/1/24) 0.75% Confined Space Operational Technician
(Confined Space Rescue Technician & Trench Rescue Technician eff 7/1/24) (Confined Space Operational Trench Shoring prior to 7/1/24)

0.75%
Specialized Rescue Technician
(Common Passenger Vehicle Extrication, River & Flood Rescue Technician Haz Mat First Responder, ICS-200 eff 7/1/24)
(Vehicle Extrication, Swift Water Operational Technician, Haz Mat First Responder, ICS-200 prior to 7/1/24)

0.75%
Firing Operations (CA 219 or S219) (eff 7/1/24) 0.50%
Field Observer (S244) (eff 7/1/24) 0.50%
Safety Officer (S404) (eff 7/1/24) 0.50%
Firefighter Rescue and RIC Operations / Firefighter Survival (eff 7/1/24) 0.50% Fire Control III (eff 7/1/24) 0.50%
Structural Collapse Specialist II (eff 7/1/24) 0.50%
Firefighter II (prior to 7/1/08) $70
Company Officer (SFT Certified or CMFR Certified Captain) (eff 7/1/24) Fire Officer Certification/Company Officer (prior to 7/1/24) 1.75% Fire Captain Chief Fire Officer (SFT Certified or CMFR Certified) (eff 7/1/24) Chief Officer/Chief Fire Officer (prior to 7/1/24) 1.75% Firefighter Tiller 0.75%
Firefighter
Fire Engineer
Fire Captain
60 units $120
120 units (see Article 23) N/A
180 units $180
AS/AA Degree 1.75%
BS/BA Degree (see Article 23) N/A
MS/MA Degree 2.25%
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ARTICLE 25 - LAYOFF PROCEDURES

25.1 THIRTY (30) CALENDAR DAYS - In the event of a material change in the duties, mission or organization of the Costa Mesa Fire Department, or if a shortage of work or funds to operate the Fire Department develops, employees in the classified service may be laid off. Thirty (30) calendar days before the effective date of such a layoff, the appointing authority shall notify the Personnel Officer of the intended layoff, identifying any employee to be laid off and articulate the reasons therefore. Said employee shall be considered for re-employment as provided by the Personnel Rules and Regulations. If these layoff procedures result in the demotion of employees in rank (through bumping down), the last employee promoted shall be the first employee demoted. If position in rank becomes reinstated after demotion(s), then the last demoted will be the first promoted.

ARTICLE 26 - LEAVES OF ABSENCE

26.1 LEAVES OF ABSENCE ENTITLEMENT - For the purpose of computing entitlement to leaves of absence, an employee's continuous service shall be based on the effective date of initial probationary employment in the City service. Such date shall be the employee's anniversary date for vacation and sick leave purposes subject to the provisions contained herein.

26.2 VACATIONS - The purpose of annual vacation leave is to enable each eligible employee annually to return to their work mentally refreshed. Any leave of absence without pay shall not accrue vacation leave for each full pay period of such absence.

a. Regular full-time employees in the classified service with an average work -week of fifty-six (56) hours shall accrue an annual vacation with pay in accordance with following provisions:

1. For one (1) year or more of continuous full-time service, such employee shall have accrued one hundred twenty-eight point eight (128.8) working hours per year.

2. Upon completion of three (3) years of but less than five (5) years of continuous full- time service, such employee shall accrue one hundred sixty -two point four (162.4) working hours per year.

3. Upon completion of five (5) years, but less than ten (10) years of continuous full -time service, such employee shall accrue one hundred ninety-six (196) working hours per year.

4. Upon completion of ten (10) years, but less than fifteen (15) years of continuous full-time service, such employee shall accrue two hundred twenty -nine point six (229.6) working hours per year.

5. Upon completion of fifteen (15) years, but less than (20) years of continuous full -time service, such employee shall accrue two hundred sixty -three point two (263.2) working hours per year.

6. Upon completion of twenty (20) years of continuous full-time service, such employee shall accrue two hundred ninety-six point eight (296.8) working hours per year.

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b. Maximum Accumulation of Vacation Leave

For employees assigned to the 56-hour suppression schedule

Years of Service Annual 56-hour Accrual Maximum Accrual 0-2 128.8 257.6
3-4 162.4 324.8
5-9 196 392
10-14 229.6 448
15-19 263.2 448
20+ 296.8 448

For employees assigned to the 40-hour schedule

Years of Service Annual 40-hour Accrual Maximum Accrual 0-2 92 184
3-4 116 232
5-9 140 280
10-14 164 320
15-19 188 320
20+ 212 320

c. Vacation Leave Cash Outs

On or before the pay period which includes December 15 of each calendar year , an employee may make an irrevocable election to cash out up to one hundred and twelve (112) hours of accrued vacation (in whole hour increments) which will be earned in the following calendar year at the employee’s base rate of pay. On the pay day for the pay period which includes Thanksgiving in the following year, the employee will receive cash for the amount of vacation the employee irrevocably elected to cash out in the prior year. However, if the employee’s vacation leave balance is less than the amo unt the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of leave the employee has accrued at the time of the cash out.

d. Vacation Leave – Vacation will be used in accordance with current accepted Fire Department procedures.

e. Terminal Vacation Pay - Upon termination, a permanent employee will receive compensation at their current rate for all unused earned vacation up to and including the date of termination.

26.3 SICK LEAVE - Sick leave shall be used in case of a bona fide illness of the employee upon approval. Sick leave may also be used for serious illness or emergency of their child, parent, spouse , registered domestic partner, grandchild, grandparent , sibling or designated person who is incapacitated and/or requires the service of a physician, and when the presence of the employee is required. The maximum number of hours that may be used for serious illness or emergency of their child, parent, spouse registered domestic partner, grandchild, grandparent, sibling or designated person is half of the employee’s annual accrual pursuant to Labor Code Section 233. At the conclusion of the emergency, said employee shall return to work as soon as possible. The employee taking such sick leave shall notify their immediate supervisor prior to or within one-half (1/2) hour after the time set for the beginning of their daily duties, or 558

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as otherwise specified by the department. When absence for illness is for more than two (2) consecutive work shifts, the employee may be required to present a physician's certificate verifying the illness or a personal letter of explanation for verification purposes to the on-duty Battalion Chief indicating fitness to return to duty. The Battalion Chief shall then forward the certificate or verification to Fire Administration.

a. Sick Leave Eligibility - Fire Department Members having a regular or probationary appointment shall accrue sick leave credit at the rate of twenty six percent (26%) of the standard average work-week for each full month of continuous service if the employee has worked or has been on authorized leave of absence with pay. Any leave of absence without pay shall not accrue sick leave for each full pay period of such absence.

b. Accumulation Of Sick Leave - Sick leave may be accumulated to a maximum of 672 hours in the primary sick leave bank. The secondary sick leave bank has no maximum accrual. If the primary sick leave bank credit accumulation is at the maximum, the biweekly amount of sick leave accumulation credit the employee earns during that pay period will be calculated and the employee will be granted pay or additional vacation accumulation in an amount equal to one - half (1/2) of this differential credit. The remaining one- half (1/2) accumulation shall be credited to the secondary sick leave bank.

26.4 BEREAVEMENT LEAVE - Whenever an employee is compelled to be absent from duty by reason of a death or critical illness where death appears imminent of grandparent, father, mother, brother, sister, (this includes step brothers and sisters) wife, husband, or child of employee, spouse, or domestic partner such employee shall, upon approval of their department director, be entitled to charge such absence as “bereavement leave” to a maximum of three (3) consecutive work shifts per occurrence. This leave may also be used in the case of a miscarriage by a female employee and/or employee whose spouse or registered domestic partner suffers a miscarriage. This would also apply in the case of a miscarriage by a surrogate.

Any additional time that may be required must be approved by the Fire Chief (and will be approved if required by law) and will be charged first to sick leave, then the employee can choose between vacation, compensatory time off or floating holiday leave. If all such leaves are exhausted it will be charged to unpaid leave if the employee does not have accrued sick leave, vacation compensatory time off or floating holiday leave. The City Manager or designee, upon written request, may grant bereavement leave to an employee for persons in other relationships to the employee than are listed above.

26.5 LEAVE OF ABSENCE WITHOUT PAY - All paid leave must be exhausted prior to being granted leave without pay unless the employee is concurrently on a Family Care and Medical Leave or has reached the threshold for LTD eligibility. All paid leave must be exhausted prior to an employee being able to use catastrophic illness leave donations. Employees will not receive additional leave accruals while using catastrophic illness leave donations.

ARTICLE 27 - FITNESS ANALYSIS TESTING

27.1 MANDATORY TESTING - The City has a mandatory testing program for all employees represented by the Association with the exception of those members that may be on modified duty or are excused for medical reasons. Personnel on modified duty or excused for medical purposes shall be required to submit to the testing as soon as they are released to full duty. Failure to submit to the testing will be considered a failure. All members will be required to choose which of the below two options they will be participating in for that calendar year at a predetermined date. A member will not be allowed to change their selection until the following year.

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Option One – Participate in the Santa Ana College Fitness Analysis: When a member chooses this option, they must pass the treadmill component with a minimum time of 10 minutes. Any member falling below the standard will immediately be subject to the provisions for test failure set forth below in Section 27.7.

Option Two - Participate in the Santa Ana College Physical Abilities Test: When a member chooses this option, they must complete the abilities test within 12 minutes. Any member with a time greater than 12 minutes will immediately be subject to the provisions for test failure set forth below in Section 27.7.

In cases where Santa Ana College refuses to test an employee, a letter from a testing facility/physician stating that the employee completed the required evaluation or test at a passing percentage for the physical fitness evaluation will be the required method of documentation.

27.2 PROGRESS TRACKED - The company officers, or a member designated by Fire Administration, shall track the progress of each member of their crew. Battalion Chiefs, or a member designated by Fire Administration, shall document the progress of each Captain under their command. Information regarding performance should be noted in annual performance reviews.

27.3 DOCUMENTATION METHOD - A letter from the testing facility stating that the member completed the evaluation or test at a certain percent for the physical fitness evaluation will be the method of documentation. No other information from the member shall be required by the City as proof.

27.4 START DATE - January 1 of each year will be the start date for that year’s program.

27.5 CITY COST - The City will pay for the cost of options one and two, and whenever operationally feasible, provide time on duty to be tested. If the member elects to be tested off-duty, the member will not be paid overtime for that time.

27.6 WORKERS’ COMP - The City will provide worker’s compensation coverage for all on-duty and off-duty testing.

27.7 TEST FAILURE - The following process exists for failure of the Santa Ana College Fitness Analysis or Physical Ability Test:

First Failure - After the first failure, an expert in exercise (possibly an exercise physiologist) will design a six -month mandatory program to assist the individual in successfully attaining the minimum standard. A Captain or Battalion Chief will supervise this exercise program.

Second Failure - After the second consecutive failure, there will be another six -month mandatory supervised period.

Third Failure - After the third consecutive failure of the Santa Ana College Fitness Analysis or Physical Abilities test, the employee will be sent for a medical Fitness for Duty Exam paid by the City. Should the employee pass the Fitness for Duty Exam, the employee will continue in the mandatory supervised program for that year until such time that the employee passes the Santa Ana College Fitness Analysis or Physical Ability Test. Employees in this third situation will only be required to test on an annual basis. If the employee does not pass the Medical Fitness for Duty, the appropriate process will be initiated.

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ARTICLE 28 - DISABILITY DISCRIMINATION

28.1 DISCRIMINATION AVOIDANCE - Because the Americans with Disabilities Act (“ADA”) and the California Fair Employment and Housing Act (“FEHA”) require accommodations for individuals protected under the ADA, and because these accommodations must be determined on an individual case-by- case basis, the parties agree that the provisions of this agreement may be disregarded in order for the City to avoid discrimination under ADA or FEHA relative to hiring, promotion, granting permanency, promotions, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment.

28.2 INTERACTIVE PARTICIPATION - The Association recognizes that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The Association will be notified of any proposed accommodations prior to implementation.

28.3 PAST PRACTICE - Any accommodation provided to an individual protected by the ADA or the FEHA, which are pursuant to ADA or FEHA, shall not establish a past practice, nor be cited or used as evidence of a past practice in any grievance/arbitration procedure.

ARTICLE 29 - COMPUTER AND INTERNET USE

29.1 CITY POLICY - Members of the Association agree to adhere to the City’s Computer Use and Internet Authorization Policies. The City will continue to maintain an Intranet bulletin board for Association use.

29.2 ASSOCIATION-PAID LINES - The City agrees that Association-paid phone lines, cable lines or other means paid for by the Association in fire stations can be used by members to gain Internet access with the understanding that such usage will be in a responsible, ethical and legal manner.

ARTICLE 30 - DRUG TESTING FOR FIRE ENGINEERS

30.1 REASONABLE SUSPICION - The City will conduct reasonable suspicion drug testing for Fire Engineers and random testing for entry- level probationary employees per the City’s Drug and Alcohol Policy Pursuant to the Department of Transportation Regulations.

ARTICLE 31 - GRIEVANCE PROCEDURES

31.1 SUPERCEDE RULES AND REGULATIONS -The following guidelines supersede Sections 3 and 4 of Rule 25, Grievance Procedure, of the City's Personnel Rules and Regulations.

31.2 DEFINITION - A "grievance" is a formal, written allegation by an aggrieved employee or the Costa Mesa Firefighters’ Association that an employee has been adversely affected in the terms and conditions of their employment by violation, misinterpretation or misapplication of the specific provisions of the Memorandum of Understanding, department rules, standard operating procedures and/or provisions of the Personnel Rules and Regulations. Other matters for which a special method of review is provided by law, ordinance, resolution, or by administrative regulations and procedures of the City, are not within the scope of this procedure. This procedure is not to be used in lieu of the Discipline Appeals Procedure.

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31.3 PROCEDURE

a. Informal Resolution: Every effort shall be made to resolve a grievance through discussion between the employee and their immediate supervisor. It is the spirit and intent of this procedure that all grievances are settled quickly and fairly without subsequent discrimination against employees who may seek to adjust a grievance. Every effort should be made to find an acceptable solution at the lowest level of supervision. Within fifteen (15) calendar days after a grievant knew, or by reasonable diligence sh ould have known, of the condition upon which a grievance may be based, the grievant shall attempt to resolve it by an informal conference with the grievant’s immediate supervisor.

b. The supervisor must respond with the answer within (14) calendar days of the meeting.

c. If the supervisor’s response does not result in an acceptable solution, the grievant and/or the Association may exercise its right to either proceed with the steps in this Grievance Procedure or waive the additional grievance steps and institute judicial proceedings.

d. Within fourteen (14) calendar days from the date of receiving the answer from their supervisor, the grievant may request and be granted an interview with the Deputy Chief or designee , in order to discuss the grievance further.

e. The Deputy Chief or designee must respond with the answer in writing within (14) calendar days of the meeting. Within seven (7) calendar days from the date of receiving the answer from the division manager, the grievant may request, in writing, and be granted an interview with the Fire Chief or designee.

f. The Fire Chief or designee shall render their decision in writing within fifteen (15) calendar days of receiving the grievance. If the Fire Chief or designee and employee are unable to arrive at a satisfactory solution, the employee may, within ten (10) calendar days from the date of the decision by the department director, submit a written request with the City Manager or designee.

g. The City Manager or designee shall review the grievance and respond to the employee within twenty (20) calendar days of receiving the appeal. The City Manager or designee shall have the option of scheduling a meeting to hear the grievance, or a response shall be provided in writing. This will be considered an expression of management's viewpoint, and shall be the final administrative review.

h. If the time limits for further processing the employees' grievance at any step defined above should elapse, the grievance shall be considered withdrawn. Time limits may be extended by mutual consent.

i. The employee may request the assistance of another person of their own choosing in preparing and presenting their appeal at any level of review. In the event the employee desires the presence of a representative who is an employee of the City, they shall make such request through the supervisor and the supervisor shall make the necessary arrangements for the employee representative to be present.

j. The employee and/or their representative may use a reasonable amount of work time as determined by the appropriate supervisor or department director in presenting the appeal.

However, no employee shall absent themself without first being excused by their supervisor.

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k. No employee shall be required to be represented by an employee organization in processing a grievance.

l. Employees shall be assured freedom from reprisal for using the grievance procedures by both the City and the employee organization.

m. The settlement terms of a grievance that is processed by an employee individually or by an informally recognized employee representative shall not conflict with the express provisions of a Memorandum of Understanding between the City and the formally recognized employee organization for such unit, if any.

n. A group grievance may be filed when one (1) set of circumstances or occurrences affects more than one (1) employee in the same manner or to the same extent. The group may file one (1) document that all members of the group have read and signed. Members of the group shall be limited to those who have signed the grievance. The resolution of a group grievance may not be consistent among all employees in the group grievance due to differences in the circumstances or occurrences that brought about the grievance.

o. In the case of an alleged contract violation where the Association has been unsuccessful in its attempts to resolve the matter with authorized representatives of the City, the Association may exercise its right to institute judicial proceedings, and its fa ilure to pursue this grievance procedure shall not be regarded as a failure to exhaust administrative remedies.

ARTICLE 32 - DISCIPLINARY PROCEDURES

32.1 SUPERCEDE RULES AND REGULATIONS - Any conflict or discrepancy between this Article and Rule 26 of the Personnel Rules and Regulations shall be clarified in accordance with this Article.

32.2 BASIS FOR DISCIPLINARY ACTION - The tenure of every City employee shall be based on reasonable standards of personal conduct and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action, which. shall be commensurate with the seriousness of t he offense and with consideration of the employee’s prior performance record. Disciplinary action shall be based upon any of the following grounds:

a. Fraud in securing employment or making a materially false statement on an application for employment or on any supporting documents furnished with or made a part of any application.

b. Incompetency such as failure to comply with the minimum standards for an employee's position for a significant period of time.

c. Neglect of duty, such as failure to perform the duties required of an employee's position.

d. Willful disobedience and insubordination such as a willful failure to submit to duly appointed and acting supervision or to conform to duly established orders or directions of persons in a supervisory position.

e. Dishonesty involving employment.

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f. Being under the influence of alcohol or intoxicating drugs while on duty without a prescription.

g. Abuse of alcoholic beverages, narcotics or any habit -forming drug, in violation of the City’s drug testing policy.

h. Inexcusable absence without leave.

i. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. A plea or verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any offense involving moral turpitude is deemed to be a convictio n within the meaning of this section.

j. Discourteous treatment of the public.

k. Improper or unauthorized use of City property.

l. Violation of the rules and regulations of any department.

m. Any act of conduct undertaken which, either during or outside of duty hours, is of such a nature that it causes discredit to fall upon the City, the employee's department or division.

n. Failure to maintain proper conduct during working hours causing discredit to the employee's department or division.

o. Abuse of sick leave.

p. Inattention to duty, tardiness, indolence, carelessness or negligence in the care and handling of City property.

q. Outside employment which conflicts with the employee's position and is not specifically authorized by the department head.

r. Acceptance from any source of any emolument, reward, gift or other form of remuneration in addition to the employee's regular compensation, as a personal benefit to the employee for actions performed in the normal course of the employee's assigned duties.

s. Falsification of any City report or record, or of any report or record required to be, or filed by the employee.

t. Violation of any of the provisions of the City Code, ordinances, resolutions, or any rules, regulations or policies which may be prescribed by the City Council, City Manager, department manager or supervisor.

u. Political activities precluded by Local, State or Federal law.

v. Other acts which are incompatible with service to the public.

32.3 TYPES OF DISCIPLINE - The following procedures shall be followed when, in the judgment of the Fire Chief or designee, an employee has committed an act or omission that justifies disciplinary action.

Except for written warnings/reprimands, the Fire Chief or designee shall advise employees of contemplated 564

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disciplinary actions in writing and allow the employee reasonable opportunity to respond to such charges prior to taking action.

When life, or employee safety, is endangered, or the self -control of an employee is questionable, a supervisor shall take immediate action to reduce or eliminate the danger or to establish control. In case of an emergency, an employee shall have all of th e rights set forth herein except that in the discretion of the appointing authority, an employee may be placed on administrative leave with pay pending pre-disciplinary procedures. The City Manager or designee must be contacted immediately.

a. Warning/Reprimand - If the warning/reprimand is in writing, the Fire Chief or designee shall give the employee a copy and forward a copy to the City Manager or designee for review and retention in the employee's personal history file. A written warning/reprimand shall contain a description of the events which necessitated the action, specific expectations of change or improvement to be demonstrated by the employee, and notice of further action in the event a change by the employee does not occur. An employee shall have the right to attach a written rebuttal to this warning/reprimand.

b. Suspension - The Fire Chief or designee may suspend an employee with or without pay from their position. The appointing authority shall advise the City Manager or designee in writing of such intended action and shall give a copy of such statement to the employee.

The written statement shall be accompanied by copies of all materials relating to the subject of the proposed discipline and shall contain a description of the events which necessitated the suspension, a statement of the charges, the right of the employee to meet with the appointing authority and/or to respond in writing within a reasonable time frame to the charges, and notice of further action in the event a change by the employee does not occur.

Unless extended by approval of the City Manager or designee on written recommendation of the Fire Chief or designee , the maximum period of suspension shall be thirty (30) calendar days.

c. Demotion or Reduction in Pay - The Fire Chief or designee shall advise the City Manager or designee in writing of their intention to demote or reduce the salary of an employee prior to taking such action. In demoting an employee or reducing their salary, the department director shall make a written notice and shall give a copy of said notice for demotion or reduction in pay to the employee and forward a copy to the City Manager or designee for review and retention in the employee’s personal history file. The written statement shall be accompanied by copies of all materials relating to the subject of the proposed discipline and shall contain a description of the events which necessitated the demotion, a statement of the charges, the right of the employee to meet with the appointing authority and/or respond in writing within a reasonable time frame to the charges, and notice of possible further action in the event a change or improvement by the employee does not occur.

d. Dismissal - The Fire Chief or designee shall advise the City Manager or designee in writing of their intention to dismiss an employee before taking such action. In dismissing an employee, the department director shall make a written notice and shall give a copy of said notice of dismissal to the employee and forward a copy to the City Manager or designee for review and retention in the employee's personal history file. The written statement shall be accompanied by copies of all materials relating to the subject of the proposed discipline and shall contain a description of the events which necessitated the dismissal, a statement of the charges, and the right of the employee to meet with the appointing authority and/or respond in writing within a reasonable time frame to giving the employee notice of the charges.

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Costa Mesa City CouncilSeptember 16, 2025

Costa Mesa City Council
September 16, 2025