TENTATIVE AGREEMENT BETWEEN CITY OF COTATI
AND COTATI POLICE MANAGEMENT ASSOCIATION (CPMA)
RE: 2024 SUCCESSOR MOU NEGOTIATIONS
The following document contains the Tentative Agreement between the City of Cotati (hereinafter called “City”) and the Cotati Police Management Association (“Association”) (hereinafter collectively called “the parties”) on wages, hours and terms and conditions of employment. The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City and the Association and will apply to all employees covered by the Memorandum of Understanding (MOU) between the City and the Association.
Upon ratification and approval, this Agreement will amend the MOU between the parties dated July 1, 2019 – June 30, 2024.
The amended MOU shall supersede all other Memoranda of Understanding and agreements between the parties. Language in the MOU between the parties not amended by this Tentative Agreement will remain unchanged. The parties agree that any and all Tentative Agreements are hereby incorporated. Any outstanding proposals not agreed to are hereby withdrawn by the parties.
This Tentative Agreement is subject to ratification by Association membership and approval by the City Council of Cotati.
FOR THE CITY FOR THE ASSOCIATION
Date: Date:
DocuSign Envelope ID: BD027A40-A59F-49A5-BEC2-CE2F4EA0D9EE July 2, 2024 July 2, 2024
MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF COTATI
AND THE
COTATI POLICE MANAGEMENT ASSOCIATION
EFFECTIVE
July 1, 2019 2024 through June 30, 20242029
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF COTATI AND THE COTATI POLICE
MANAGEMENT ASSOCIATION
ARTICLE 1: PREAMBLE......................................................................................................................................3 ARTICLE 2: SAVINGS CLAUSE..........................................................................................................................3 ARTICLE 3: MANAGEMENT RIGHTS ..............................................................................................................3 Section 3.01 ............................................................................................................................................................3 Section 3.02 ............................................................................................................................................................4 ARTICLE 4: ASSOCIATION RIGHTS ................................................................................................................4 Section 4.01 ............................................................................................................................................................4 Section 4.02 ............................................................................................................................................................4 Section 4.03 ............................................................................................................................................................4 Section 4.04 ............................................................................................................................................................4 Section 4.05 Personnel Files...................................................................................................................................5 ARTICLE 5: UNIT DESCRIPTION ......................................................................................................................5 ARTICLE 6: DUES DEDUCTION.........................................................................................................................5 ARTICLE 7: COMPENSATION............................................................................................................................5 Section 7.01. Wages................................................................................................................................................5 Section 7.02. Salary Advancement .........................................................................................................................6 Section 7.03. Longevity Pay ...................................................................................................................................6 Section 7.05. Uniform Program ..............................................................................................................................7 Section 7.06. Deferred Compensation Plan.............................................................................................................8 Section 7.07. Direct Deposit ...................................................................................................................................8 ARTICLE 8: INSURANCES...................................................................................................................................9 Section 8.07. Medicare.........................................................................................................................................11 ARTICLE 9: RETIREMENT ...............................................................................................................................11 Section 9.01. Public Employees’ Retirement System (PERS)..............................................................................11 Section 9.03. Impact of Government Regulations on Employee Benefits............................................................14 ARTICLE 10: PAID LEAVE ACCRUAL ..........................................................................................................14 ARTICLE 11: HOURS OF WORK, WORK PERIODS, AND PAY PERIODS ..............................................15 ARTICLE 12: OVERTIME...................................................................................................................................16 Section 12.01. Call Out Pay..................................................................................................................................16 Section 12.02. Overtime ............................................................................................................................................. 16 Section 12.03. Compensatory Time .....................................................................................................................17 ARTICLE 13: USE OF CITY OWNED VEHICLES..........................................................................................17 Section 13.01. Assigned City Vehicle...................................................................................................................17 Section 13.02. Use of City Vehicles......................................................................................................................17 ARTICLE 14 : WORK DISRUPTION................................................................................................................17 ARTICLE 15 : EFFECT OF AGREEMENT .....................................................................................................18 Section 15.01. Full Understanding........................................................................................................................18 Section 15.02. Waiver...........................................................................................................................................18 Section 15.03. Modifications................................................................................................................................18 Section 15.04. Future Enforcement.......................................................................................................................18 ARTICLE 16 : TERM............................................................................................................................................18
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF COTATI AND THE COTATI POLICE
MANAGEMENT ASSOCIATION
ARTICLE 1: PREAMBLE
It is the intent and purpose of this Memorandum of Understanding (MOU) to set forth the understanding of the parties reached as a result of meeting and conferring in good faith regarding, but not limited to, matters relating to the wages, hours, and terms and conditions of employment of employees represented by the Cotati Police Management Association (CPMA).
City representatives agree to recommend to the City Council of the City of Cotati that all terms of the MOU be adopted in full by Resolution of the City Council. Upon such adoption, all terms and conditions of this MOU shall then become effective without further action by either party.
ARTICLE 2: SAVINGS CLAUSE
If any section, subsection, subdivision, sentence, clause or phrase of this agreement is, for any reason, held to be illegal or unconstitutional, such decision shall not affect the validity of the remaining portions of this agreement.
ARTICLE 3: MANAGEMENT RIGHTS
Section 3.01
Except as otherwise specifically provided and subject to applicable laws, the City has, and retains, the sole and exclusive rights and functions of management, including, but not limited to, the following:
A. To determine the nature, standards, and extent of services to be performed, as well as the right to determine and implement its public function and responsibility.
B. To manage all facilities and operations of the City, including the methods, means, numbers and kinds of personnel by which the City operations are to be conducted.
C. To direct the work force, including the right to hire, assign, promote, demote, or transfer any employee.
D. To assign work to, and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments upon reasonable notice.
E. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable law.
F. To determine policies, procedures, and standards affecting the selection, training, and promotion of employees.
G. To establish, assess, and implement employee performance standards, including, but not limited to, quality and quantity standards; the assessment of employee performances; and the procedures for said assessment.
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF COTATI AND THE COTATI POLICE
MANAGEMENT ASSOCIATION
Section 3.02
The CPMA employees covered by this MOU recognize that the City has, and will continue to retain, whether exercised or not, the unilateral and exclusive right to operate, administer, and manage its municipal services and work force, performing those services in all respects subject to this Memorandum of Understanding.
ARTICLE 4: ASSOCIATION RIGHTS
Section 4.01 Right to Organization
The City of Cotati recognizes the employees' rights to self-organization and to be represented by employee organizations of their own choosing as set forth in Chapter 10, Division 4, of the Government Code of the State of California.
Section 4.02 Bulletin Boards
Cotati Police Management Association (CPMA) will be permitted to use non-public area bulletin boards on City property for the purpose of posting notices of meetings and other official CPMA business with the understanding that the material will not violate the law and the City policies, including policies prohibiting harassment and discrimination, and law prohibiting public agencies from supporting candidates for public office or ballot measures. All CPMA postings on City bulletin boards must be posted by an official CPMA representative for official CPMA business, as demonstrated by the signature of the CPMA official authorized to post the notice on behalf of the CPMA. This provision shall not apply to the City’s website or email system.
Section 4.03 Access to Work Locations
Reasonable access to employee work locations through public entrances shall be granted to nonemployee officers of the Association and their officially designated representatives, for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation. Such sergeants or representatives shall not enter any work location without the consent of the Chief of Police. Access shall be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements.
Solicitation of membership and activities concerned with the internal management of the Association, such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature shall not be conducted during duty time, unless approved in advance by the City Manager. The City's email system is for business purposes only, and may not be used for any Association purpose.
Section 4.04 Meeting Space
The Association, or their representatives may, with the prior approval of the City Manager or designee, be granted the use of City facilities during non-work hours for meetings of city employees and their representatives, provided space is available. All such requests shall be in writing and shall state the purpose or purposes of the meeting. The use of City equipment other than items normally used in the conduct of business meetings, such as desks, chairs, and blackboards, is strictly prohibited, the presence of such equipment in approved City facilities notwithstanding.
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF COTATI AND THE COTATI POLICE
MANAGEMENT ASSOCIATION
Section 4.05 Association Activity
Association activity and Association-related discussions among employees in the workplace shall not detract from performance of work duties and service to the public. Employees are required to comply with workplace conduct rules at all time, even when engaged in Association activity or Association-related discussion.
Section 4.06 Release Time for Association Representatives City employees who are official representatives of the Association shall be given reasonable time off with pay to attend meetings with management representatives to discuss matters within the scope of representation, or to be present at hearings where matters within the scope of representation or grievances are being considered. The use of duty time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City.
Preparations for negotiations shall not occur on duty time. Such employee representatives shall submit a written request for excused absence to the Chief, with an information copy to the City Manager, at least two (2) working days prior to the scheduled meeting whenever possible. Except by mutual agreement, the number of employees excused forsuch purposes shall not exceed one (1).
Association Board Members or others as designated in writing as official representatives by the Association Board, shall be allowed a reasonable period of time without loss of compensation for the sole and exclusive purpose of conducting transactions of the Association. Said amount of time shall not exceed two (2) hours per day for each Board member or designee and a combined aggregate not to exceed six (6) hours per fiscal year for all such Board members and others designated by the Board, provided every reasonable effort is made to conduct Association meetings and/or business on non-duty time. Permission to attend Association meetings on duty must by obtained forty-eight hours in advance from the Police Chief or designee. Permission to conduct Association business or attend Association meetings is conditioned upon field and/or assignment conditions and shall not interfere with the normal course of assigned job duties or department conditions.
ARTICLE 5: UNIT DESCRIPTION
The Cotati Police Management Association represents the following classifications:
Police Sergeant
ARTICLE 6: DUES DEDUCTION
City shall provide payroll deductions of membership dues for plans sponsored by CPMA/PORAC, upon receipt of written certification by the CPMA that it has and will maintain an authorization, signed by individual employees described in Article 5 above, from whose salary or wages the deduction or reduction is to be made. The providing of such service to CPMA by the City shall be contingent upon, and in accordance with, the provisions of the Government Code, City ordinances, resolutions, memoranda of understanding, and applicable administrative procedures. Such dues deductions shall continue so long as the Association remains the exclusive representative for the bargaining unit and so long as it has otherwise complied with this section in providing written
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF COTATI AND THE COTATI POLICE
MANAGEMENT ASSOCIATION
certification to the City. The CPMA shall certify to the City in writing any changes in the required payroll deduction.
The CPMA agrees that it will provide a copy of individual authorizations to the City should a dispute arise about the existence or terms of the authorization.
The CPMA shall indemnify the City and any department of the City and hold it harmless against any and all claims, demands, suits, or other forms of liability that may arise out of, or by reason of, any action taken by the City, or any department of the City, for the purpose of complying with payroll deduction provisions.
ARTICLE 7: COMPENSATION
Section 7.01. Wages
Effective the first full pay period following Association ratification and City Council adoption of a successor MOU in 2024 and sunseting on June 30, 2029, for retention, recruiting and career incentive purposes, the City shall maintain a fifteen percent (15%) difference in base salary between a top step Police Corporal and a top step Police Sergeant, not including incentive pay.
Accordingly, if at any point during the term of this MOU, the Top Step of the Police Sergeant salary schedule is less than fifteen percent (15%) above the Top Step of the Police Corporal salary schedule, Top Step of the Police Sergeant salary schedule shall be increased to fifteen percent (15%) above Top Step of the Police Corporal salary schedule.
A. Cost of Living Adjustments:
Effective the first full pay period following July 1, 2019, active employees represented by the CPMA will receive a cost of living increase in the amount of two and one half percent (2.5%).
Effective the first full pay period following July 1, 2020, active employees represented by the CPMA will receive a cost of living increase in the amount of two and one half percent (2.5%).
Effective the first full pay period following July 1, 2021, active employees represented by the CPMA will receive a cost of living increase in the amount of two and one half percent (2.5%).
Effective the first full pay period following July 1, 2022, active employees represented by the CPMA will receive a cost of living increase in the amount of two and one half percent (2.5%).
Effective the first full pay period following July 1, 2023, active employees represented by the CPMA will receive a cost of living increase in the amount of two and one half percent (2.5%).
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF COTATI AND THE COTATI POLICE
MANAGEMENT ASSOCIATION
B. Reopener
In the event the City’s sales tax measure (Measure G) is not renewed by the voters, the City and Association shall reopen the MOU to discuss 2022 and 2023 cost of living increases.
C. Compaction Adjustments:
Effective the first full pay period following July 1, 2019, active employees represented by the CPMA will receive a compaction increase in the amount of two and one-half percent (2.5%).
Effective the first full pay period following July 1, 2020, active employees represented by the CPMA will receive a compaction increase in the amount of one-half percent (0.5%).
Effective the first full pay period following July 1, 2021, active employees represented by the CPMA will receive a compaction increase in the amount of one-half percent (0.5%).
Effective the first full pay period following July 1, 2022, active employees represented by the CPMA will receive a compaction increase in the amount of one-half percent (0.5%).
Effective the first full pay period following July 1, 2023, active employees represented by the CPMA will receive a compaction increase in the amount of one-half percent (0.5%).
Section 7.02. Salary Advancement
Assigned salary ranges contain five (5) steps. Employees move through these steps on the basis of performance. Employees shall be eligible for salary advancement consideration as follows:
A. To the "B" step of the salary schedule after successful completion of twelve (12) months (2080 hours) at the "A" step. The date of this increase shall become the employee's pay review date for purposes of eligibility for future merit step increases.
B. To the "C" step after successful completion of one (1) year (2080 hours) at the "B" step.
C. To the "D" step after successful completion of one (1) year (2080 hours) at the "C" step.
D. To the "E" step after successful completion of one (1) year (2080 hours) at the "D" step.
When an employee is hired at a step other than Step "A" of the salary range assigned to the position, the employee shall be eligible for a step increase one (1) year (2080 hours) from the date of employment, and this date shall become the employee's pay review date for purposes of eligibility for future merit increases. Thereafter, the above merit pay procedure shall be followed.
Salary advancements are granted for continued meritorious and efficient service and after continued improvement in assigned tasks in conjunction with performance appraisal procedures.
Recommendations are initiated by immediate supervisors and are then forwarded to the concerned department head for approval. These, in turn, shall be transmitted to the Administrative Services
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF COTATI AND THE COTATI POLICE
MANAGEMENT ASSOCIATION
Department.
Salary step advancements are not guaranteed. When an employee is denied a merit increase, the employee shall be informed of such and the reasons therefore in writing. The employee shall be reconsidered for advancement within three (3) months and, if still denied, may be reconsidered for advancement at any subsequent time recommended by management of the concerned department.
Employees who have received internal promotions, if assigned to a salary step in the new classifications salary range offering a minimum five percent (5%) salary increase, shall be eligible for a step increase upon successful completion of one (1) year (2080 hours) in the new position.
If employees are placed on a higher step than this, based upon the recommendation of the department head and approval of the City Manager, they shall be eligible to advance to the next step of the new classifications salary range one (1) year (2080 hours) from the date of their promotion, and this date shall also become the employee's pay review date for purposes of eligibility for future merit step increases.
Section 7.03. Longevity Pay
An employee shall be eligible for salary advancement (longevity pay), subject to satisfactory review of performance, and achievement of the required certification for sworn employees, based on the following schedule:
A. Three (3) percent of base salary after eight and one half (8 ½) years (17,680 hours) B. Three (3) percent of base salary after thirteen and one half (13 ½) years (28,080 hours) C. Three (3) percent of base salary after eighteen and one half (18 ½) years (38,480 hours) Section 7.04. Professional and Education Incentives
Subject to the criteria specified below, the City will pay a monthly incentive to Police Sergeants who are employed full-time on a permanent or probationary basis for job related Police Officer Standards and Training (P.O.S.T.) Certificates which exceed the normal established job requirements. Eligible employees will be compensated a monthly amount as follows:
P.O.S.T. Intermediate Certificate 2 percent (2%) of base salary P.O.S.T. Advanced Certificate 3 percent (3%) of base salary An employee with both the P.O.S.T. Intermediate and Advanced Certificates therefore receives an incentive equal to five percent (5%) of base salary.
Section 7.05. Uniform Program
The purpose of the uniform program is twofold: (1) To identify City employees who have direct contact with the public on a regular basis and to enhance the image of City operations generally performed by City personnel in public view; and (2) To provide uniforms to those personnel who are required to perform duties that result in their clothing becoming excessively dirty or in duties that require identifying uniforms. All identifying patches, badges, etc., purchased by the City for an employee, must be returned to the City when an employee terminates City employment.
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF COTATI AND THE COTATI POLICE
MANAGEMENT ASSOCIATION
A. Police Sergeants
Police Sergeants shall receive a uniform allowance of eight hundred dollars ($800.00) payable in equal installments in each paycheck. Effective the first full pay period following Association ratification and City Council adoption of a successor MOU in 2024, or the first full pay period following July 1, 2024, whichever is later, the uniform allowance for sworn officers will be increased to one thousand dollars ($1,000) per year.
New employees shall receive their initial uniform allowance upon appointment. Beginning with the subsequent fiscal year, the employee shall receive uniform allowance payments in equal installments in each paycheck.
Employees promoted from within the Cotati Police Department who require a different uniform for their new job shall receive the full allowance for their new job. Beginning with the subsequent fiscal year, the employee shall receive uniform allowance payments in equal installments in each paycheck.
Section 7.06. Deferred Compensation Plan
A deferred compensation plan is available to all employees, providing tax-deferred savings and/or a retirement supplement. Employees may make contributions, through payroll deductions, into one or more savings vehicles, up to the legal maximum as defined by the law governing deferred compensation accounts. The City will contribute an equivalent of three percent (3%) of base salary per employee covered by this agreement into the deferred compensation program (amount shown in exhibit A).
Section 7.07. Direct Deposit
The City offers employees the option of direct deposit for their payment of semi-monthly payroll.
The employee will be given the option to select a banking institution to have their semi- monthly payroll directly deposited. The City cannot guarantee direct deposits, and employees will be responsible for following up with their banking institution when problems arise that are directly related to errors and/or omissions on the part of such banking institution.
Section 7.08 Holiday Pay
All full time permanent and probationary sworn employees are normally required to work on approved holidays because they work in positions that require scheduled staffing without regard to holidays, and therefore shall be paid for twelve and one half (12.5) ten (10) hour holidays per year which shall be payable in semi-annual installments based on the base rate of pay at the time of payment. The first installment shall be paid on the first pay period in December and represents six and one-half holidays (65 hours). The second payment shall be paid on the first pay period in June and represents six holidays (60 hours). Part-time permanent and new employees will receive a pro-rata portion based on holidays worked during that period.
Section 7.09 Field Training Officer
Police Sergeants who are routinely and consistently assigned by the Chief of Police to train employees,The City will pay sworn employees, who an assignment which requires that they have been designated as Field Training Officers by the Chief of Police and have P.O.S.T. Certification
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF COTATI AND THE COTATI POLICE
MANAGEMENT ASSOCIATION
as a qualified Field Training Officer qualified, shall receive a five percent (5%) of base salary special assignment pay for each full shift in which the employee actually performs all the responsibilities of a Field Training Officer as assigned by the Chief of Police for training both Regular Full Time and Reserve Officers.
Section 7.10 Off-Duty Telephone Calls
Employees who receive work-related calls during off-duty time will be compensated for the time worked as straight time. If the time worked results in the employee working in excess of forty (40) hours in a workweek, the time will be compensated at time and a half the employee’s regular rate of pay.
Compensation for such work will be a minimum of one (1) hour of pay for any and all telephone callsreceived or made within that one (1) hour period. In the event a later telephone call is received after the prior one (1) hour of telephone work time, and the call requires the employee to again resolve work related problems by telephone, the employee will be paid for an additional one (1) hour of pay for all telephone calls received within that next hour.
7.11 Shift Differential
Effective the first full pay period following Association ratification and City Council adoption of a successor MOU in 2024, or the first full pay period following July 1, 2024, whichever is later, Police Sergeants scheduled to work between the hours 7 pm to 7 am will receive shift differential of five percent (5%) for hours worked between the hours of 7 pm to 7 am.
The 5% Shift Differential applies only to regular hours worked; it does not apply to FLSA or contractual overtime hours worked.
For employees assigned to periodically cover a shift between 7 pm and 7 am which is not their regularly assigned shift, shift differential does not meet the criteria for reportable compensation for CalPERS purposes.
7.12 Bilingual Premium Pay
Effective the first full pay period following July 1, 2024 or the first full pay period following City Council approval of a successor MOU, whichever is later, employees will be eligible for bilingual pay as follows:
Proficiency Level: Job classifications that identify bilingual in Spanish as a desired job skill with proficient verbal bilingual skills in Spanish who are routinely and consistently assigned to positions requiring communication in Spanish will be eligible to receive a pay differential of $150 per month for the use of these skills in job duties arising during the normal course of work. To receive the Proficiency Level of Bilingual Premium Pay, the employee is required to receive advance Department Head approval, be verbally proficient in Spanish, and successfully pass a City provided proficiency examination in advance.
Advanced Level: Job classifications that identify bilingual in Spanish as a desired job skill with
MEMORANDUM OF UNDERSTANDING BETWEEN
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MANAGEMENT ASSOCIATION
advanced bilingual skills in Spanish (fluent in speaking and writing/reading) who are routinely and consistently assigned to positions requiring communication in Spanish during the normal course of work, will be eligible to receive a pay differential of $300 per month. To receive the Advanced Level of Bilingual Premium Pay, the employee is required to receive advance Department Head approval, be fluent in Spanish (speaking and writing/reading), and successfully pass a City provided fluency examination in advance.
Employees who accept the Advanced Level of Bilingual Premium Pay will be required to, when called upon, to translate citywide, be a spokesperson for the department when bilingual communications between the press and the department are needed, and as circumstances may require, assist in liaison efforts to advance bilingual communication with community members or organizations. Law enforcement personnel may also be required to assist in investigations where Spanish language skills are identified to assist in an active or ongoing investigation.
General: Bilingual skills shall not be a condition of employment except for employees who are hired specifically with that requirement. If an employee is hired under this provision, that requirement shall be included in the initial appointment letter. The City may require retesting at any time.
The City has the right to discontinue the bilingual premium pay at any time based on changes to the City’s business needs, provided that the City gives the exclusive representative ten (10) days’ notice prior to such revocation, in order to allow the opportunity for the parties to meet and confer.
Bilingual Premium Pay expires effective June 30, 2029, unless the parties mutually agree to continue the benefit.
ARTICLE 8: INSURANCES
The City makes available at its discretion subject to section 8.01 a choice of group medical, dental, life, and vision insurance programs for employees and their family members. The City does not make available any life insurance policy to employee’s eligible dependents under these plans.
Section 8.01 Health Insurance
A. Medical Insurance
The City offers a medical insurance directly and/or through the Redwood Empire Municipal Insurance Fund (REMIF). The City offers a choice of Kaiser Permanente or at least one other alternate form of medical insurance coverage. The policy shall be determined by the City, and shall be available for permanent or probationary full-time employees and their eligible dependents.
Employees will pay ten percent (10%) of the cost of medical insurance premiums.
B. Dental Insurance
The City offers dental insurance. The policy shall be determined by the City and shall be available for permanent or probationary full-time employees and their eligible dependents.
The City will pay one hundred percent (100%) of the premium.
MEMORANDUM OF UNDERSTANDING BETWEEN
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C. Vision Insurance
The City offers vision insurance. The policy shall be determined by the City and shall be available for permanent or probationary full-time employees and their eligible dependents.
The City will pay one hundred percent (100%) of the premium.
Section 8.02 Other Insurance
A. Life Insurance
The City shall provide life insurance coverage in the amount of one hundred thousand dollars ($100,000) for each employee. The policy shall be determined by the City and shall cover in the line of duty deaths/accidents. The City will pay one hundred percent (100%) of the premium.
B. Section 125 Plan
The City offers an IRS 125 plan. The plan allows employees to pay medical and childcare expenses with pre-tax dollars in accordance with IRS regulations. Any pre-tax dollars withheld, but not spent, during the plan’s fiscal year will be forfeited to the City except as precluded by federal law.
C. AFLAC
The City makes available to all permanent and probationary employees a group of supplemental insurance policies offered by AFLAC. Upon election, the employee shall pay policy premiums through payroll deduction.
D. Employee Assistance Program
The City provides and Employee Assistance Program for all employees, with premiums paid by the City.
E. Non-Industrial Leave
The City offers non-industrial disability insurance through PORAC at the “Gold” level for all full time permanent and probationary employees, as described in the current benefit summary, as may be updated from time to time. The City pays one hundred percent (100%) of the premium for PORAC non-industrial disability insurance.
Section 8.03 Retiree Health Insurance Benefits
Retired full-time permanent employees with fifteen (15) years or more of full-time permanent service and their spouses or registered domestic partners may participate, at their option, in a Cityprovided medical, dental and vision plan after the official date of retirement until the participant becomes eligible for SSI or Medicare, whichever is sooner. Retiree pays one hundred percent (100%) of the premium for themselves and their spouse or registered domestic partner (if applicable).
Section 8.04 Part-Time Employees
MEMORANDUM OF UNDERSTANDING BETWEEN
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MANAGEMENT ASSOCIATION
The City recognizes an obligation as a responsible employer to provide employment benefits that are offered to full-time permanent or probationary employees to part-time, permanent employees on a pro-rata basis. Due to policy limitations we are not able to provide long term disability. For part-time permanent employees employment benefits are calculated on actual assigned hours of work per week. For example, based on one-half time employment in the case of vision, life, medical and dental premiums, the City will contribute the following pro-rated benefits in the amount of :
Fifty percent (50%) of premium cost through payroll deduction.
Section 8.07. Medicare
In compliance with H.R. 3128, all full-time, part-time, temporary, and seasonal employees hired after March 31, 1986 must participate in the Medicare program pursuant to all applicable laws.
ARTICLE 9: RETIREMENT
Section 9.01. Public Employees’ Retirement System (PERS) The City of Cotati is a member of the Public Employees Retirement System (PERS). All permanent or probationary, full-time employees are required to become members. Permanent parttime employees are required to become members if they work more than one thousand (1,000) hours in any fiscal year.
A. Sworn Employees
1. Tier 1: Sworn Employees Hired Before July 1, 2011
Sworn safety employees hired before July 1, 2011 are covered under the three percent (3%) at age 50, average three (3) highest years' salaries formula. This plan provides for a retirement allowance at age 50 that is equal to the product of the number of years of service times .030 of the average monthly compensation earned during the average three highest paid years of service. Employees may retire at age 50, with five (5) or more years of PERS-credited service.
Effective July 1, 2012, Tier 1 sworn employees will pay three percent (3%) of the member contribution to CalPERS for pension. The City will pay the remaining six percent (6%) of the member contribution to CalPERS for pension.
2. Tier 2: Sworn Employees Hired On or After July 1, 2011(Exclusive of employees who become “new members” of CalPERS on or after January 1, 2013 as defined by PEPRA) Sworn safety employees hired on or after July 1, 2011, not including employees who become “new members” of CalPERS on or after January 1, 2013 as defined by PEPRA, will receive a CalPERS retirement benefits based on the two percent (2%) at 50 formula, as provided under California Public Employees Retirement Law, calculated
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on average income of the three highest years, and will pay the full CalPERS employee contribution.
Tier 2 sworn employees shall pay the full member contribution required by CalPERS.
3. Tier 3: Sworn Employees Hired On Or After January 1, 2013 And Considered New Members Of CalPERS (PEPRA Employees)
Qualifying employees hired on or after January 1, 2013 and considered new members of CalPERS as defined by the Public Employee Pension Reform Act (PEPRA) (“third tier employees”) will receive the 2% at age 50 increasing to 2.7% at age 57 retirement formula for sworn employees, and shall be subject to the provisions of PEPRA, including provisions governing reportable compensation.
B. All Sworn Employees
The City contracts with CalPERS to provide the following benefits as described under the California Public Employees’ Retirement Law:
- Government Code Section 20965 – Credit for Unused Sick Leave - Section 21022 – Public Service Credit for Periods of Layoffs - Section 21023.5 – Public Service Credit for Peace Corps or Americorps: Vista Service - Section 21024 – Military Service Credit as Public Service - Section 21027 – Military Service Credit for Retired Persons - Section 21548 – Pre-Retirement Option 2W Death Benefit Employees shall also receive the PERS Section 21382.4 Fourth Level of 1959 Survivor Benefits. This benefit costsfour dollars ($4) per month per employee. The City shall match two dollars ($2) per month of the cost with each employee. There will be a payroll deduction of one dollar ($1) per semi-monthly pay period.
Section 9.03. Impact of Government Regulations on Employee Benefits The value or availability of the benefits provided in the MOU as originally worded or as amended from time to time may depend on their tax treatment by the state or federal government or the decisions of other government agencies or departments, such as, but not limited to, the Public Employees Retirement System. The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City’s obligations under this MOU are limited to the direct cost of providing the salary and benefits as described in the MOU. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee.
The parties shall meet and confer in the event any statutory regulations are enacted that may
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF COTATI AND THE COTATI POLICE
MANAGEMENT ASSOCIATION
potentially impact employee benefits.
Additionally, the City and the Association have mutually agreed throughout this MOU on the reportability of various payments and stipends to CalPERS. Should CalPERS or a decision of another government agency or department, overturn or require a change in the reportability of such a payment to CalPERS, the City and the Association jointly agree to reopen the MOU and meet and confer on the limited issue of the impacts of this decision.
ARTICLE 10: PAID LEAVE ACCRUAL
A. Effective August 31, 2010, the Leave Bank policy described in Section 10 of the City Personnel Rules will no longer apply to employees represented by the Association, and employees will cease to accrue Leave Bank hours. Hours already accrued will not be reduced.
F.B. Each employee will have the option to request a cash-out of any unused, previously accrued leave bank hours up to two times a calendar year. A minimum of two (2) weeks written notice to the Administrative Services Department is required for all cash-out requests. In order to cash out leave bank hours, employees must make an irrevocable election in December for cash out in the following calendar year. Written irrevocable election to Human Resources is required for all cash-out requests. There will be no exceptions to this written irrevocable election requirement, unless provided otherwise in the Personnel Rules. Compensation for such cash-out of unused accrued leave hours will be based on the employee’s existing salary at the time payment is made.
B.C. For all employees, regardless of date of hire:
a.1.Up to one hundred (100) hours of Vacation Leave may be cashed out per calendar year as long as the employee maintains at least an 80-hour balance after the cash out. In order to cash out vacation hours, employees must make an irrevocable election in December for cash out of vacation to be earned in the following calendar year. Cash out of vacation hours will occur after the leave is earned. Written irrevocable election to Human Resources is required for all cash-out requests.
There will be no exceptions to this written irrevocable election requirement, unless provided otherwise in the Personnel Rules.
1.2.The employee must be in pay status or on an approved leave to exercise this option.
2.3.Sick leave may not be cashed out during employment or upon separation.
C.D. Effective September 1, 2010, Leave Accrual as provided by Section 10 of the City Personnel Rules will cease. In lieu of the Leave Bank, the City will provide vacation and sick leave as follows:For employees hired before July 1, 2010, employees shall accrue sick leave and vacation leave on a pay period basis, as follows:
MEMORANDUM OF UNDERSTANDING BETWEEN
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MANAGEMENT ASSOCIATION
Years of
Service
Sick Leave
Accrual Per
Year
Vacation
Accrual Per
Year
Vacation
Accrual Cap
One to Three 96 84 432
Four to Five 96 132 432
Six to Ten 96 156 432
More than 10 96 216 432
For employees hired on or after July 1, 2010, employeesshall accrue sick leave and vacation leave, and (effective the first full pay period following City Council approval of a successor MOU in 2024) floating holidays on a pay period basis, as follows:
Years of
Service
Sick Leave
Accrual Per
Year
Vacation
Accrual Per
Year
Vacation
Accrual Cap
Floating
Holiday Hours
One to Five 96 80 160 27
Six to Ten 96 120 240 27
More than 10 96 160 320 18
Effective the first full pay period following city Council approval of a successor MOU in 2024, employees hired on or after July 1, 2010 shall also receive floating “personal” holidays per fiscal year. The total number of floating “personal” holidays are indicated in the table above. Any unused balance of floating “personal” holiday leave available as of 12:00 midnight, June 30th, shall be forfeited. Accrued, unused floating holiday leave shall have no cash value and shall not be subject to cash out during or upon separation from employment. The Association expressly waives any rights to vested leave provided under California Labor Code section 227.3 for administrative leave provided under this section.
ARTICLE 11: HOURS OF WORK, WORK PERIODS, AND PAY PERIODS The standard workweek for employees assigned to a ten (10) hour workday shall be forty (40) hours. Presently the 7-day work period is 12:00a.m. (00:00) on Sunday and ending at 11:59 PM (23:59) the following Saturday. For employees working the thirty-six (36) hour/ forty-four (44)twelve (12) hour work shifts, the workweek shall start exactly our (4) hours after the start of his or hertheir eight (8) hour shift.
All hours shall be designated by the Chief of Police at his or her sole discretion with proper notice.
The standard work periodweek for employees assigned to a twelve (12) hour workdays shall consist of six (6) twelve (12) hour shifts and one (1) eight (8) hour shift in a fourteen (14) day 7(k) work period as recognized by the FLSA.thirty-six (36) hours during one workweek and fortyfour (44) hours during the other workweek. Both workweeks combined for a twelve (12) hour shift employee shall cover fourteen (14) days and consist of eighty (80) hours. Presently the work period is 12:00 a.m. on Sunday and ending at 11:59 p.m. the following Saturday.
MEMORANDUM OF UNDERSTANDING BETWEEN
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The regular work shift for sworn employees shall consist of ten (10) hours of work. An optional work shift for Sergeants can consist of a combination of twelve (12) hours of work and eight (8) hours of work for a total of six, twelve 12-hour and one, eight 8-hour shifts every fourteen (14) days, so long as all Sergeants elect to work the optional work shift.
For sworn employees working the optional work shift, the workweek shallstart exactly four hours after the start of his/hertheir eight-hour shift.
Prior to shift change, affected sworn employees shall select either a 10-hour workday or a 12- hour workday, which will remain in effect throughout the next 6-month scheduling period. The Chief of Police at his sole discretion and with proper notice shall designate all hours of work.
Except under exigent circumstances, no employee covered under this Agreement shall be required to work more than 16 hours on any given day.
The pay period for all employees shall be bi-weekly. If a payday falls on a holiday or weekend, payday will (if possible) be the last business day before the designated holiday or weekend.
Employees will receive a minimum of two (2) weeks’ notice for scheduled hours or shift changes, unless exigent circumstances exist. Scheduled changes will not affect the employee's normal consecutive days off unless exigent circumstances exist. "Exigent circumstances" mean an emergency situation which develops suddenly and unexpectedly and which demands immediate attention and action to preserve the peace and public safety or any circumstance the City cannot control in which the Police Department has three (3) days or less notice of a needed schedule change.
"Exigent circumstances" mean an emergency situation which develops suddenly and unexpectedly and which demands immediate attention and action to preserve the peace and public safety or any circumstance the City cannot control in which the Police Department has three days or less notice of a needed schedule change.
ARTICLE 12: OVERTIME
Section 12.01. Call Out Pay
In the event an FLSA non-exempt employee is called out for duty or Court appearances the employee will receive compensation at a rate of time and one half the employee’s regular hourly rate. Employees who are called out or required to appear in Court shall be compensated at a three (3) hour minimum at time and one half. Call out time shall be defined as time worked by the employee, in excess of their scheduled work hours in a workday or work week. If Court appearances are scheduled within two (2) hours before or two (2) hours after an employee’s regularly scheduled shift, they shall then be paid for actual time worked at a rate of time and one half their regular hourly rate.
Section 12.02. Overtime
MEMORANDUM OF UNDERSTANDING BETWEEN
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MANAGEMENT ASSOCIATION
It is the policy of the City to discourage overtime except when necessitated by abnormal or unanticipated workload situations. The City has the right to require overtime to be worked as necessary.
The City will compensate Sergeants for overtime worked at a rate of time and one half (1 ½) the employee’s regular hourly rate. The Support Services Supervisor position is FLSA exempt and therefore not eligible to earn overtime.
Compensation for overtime shall be in the form of cash payment or, if requested by the employee and approved by the department head, compensatory time off which shall also accrue at time-andone-half (1 ½) actual overtime hours worked. The City and the Association agree that employees in this Association are covered by the partial exemption set forth at 29 U.S.C. Section 207(k) for the FLSA.
Police Sergeants assigned to 12-hour shifts are covered by the 14-day work period/partial exemption set forth at 29 U.S.C. Section 207(k) of the FLSA. FLSA Overtime for Police Officers is defined as hours worked in excess of 171 in a 28-day work period, or hours worked in excess of 86 in a 14-day work period for Police Officers assigned to 12-hour shifts.
For employees assigned to a ten (10) hour shift schedule, contractual overtime shall be defined as all hours actually worked in excess of a regularly scheduled daily shift or forty (40) hours per week.
Employees assigned to a twelve (12) hour shift schedule will normally be scheduled to work six (6) twelve (12) hour shifts and one (1) eight (8) hour shift in a fourteen (14) day pay period.
Overtime for employees assigned to this schedule shall be defined as all hours actually worked in excess of a regularly scheduled daily work shift, or their regularly scheduled work week.
All work periods which define overtime based as other than time worked in excess of forty hours are established pursuant to 29 U.S.C. Section 207(k) of the FLSA.
Section 12.03. Compensatory Time
A maximum of one hundred (100) hours of compensatory time may be accrued by each employee.
Upon the request of the employee and approval of the appropriate department head or supervisor overtime shall be compensated with compensatory time off. Compensatory time off may be used by request filed twenty-one (21) days in advance with the appropriate supervisor; however, management cannot guarantee time off on short notice. Management will make every effort to comply with the time off wishes of the employee and shall not assign employees to compensatory time off.
Employees may reconvert compensatory time into paid overtime, subject to cash-out limits in place at the time. In order to cash out compensatory time hours, employees must make an irrevocable election in December for cash out of compensatory time to be earned in the following calendar year. Cash out of compensatory time will occur after the leave is earned. Written
MEMORANDUM OF UNDERSTANDING BETWEEN
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irrevocable election to Human Resources is required for all cash-out requests. There will be no exceptions to this written irrevocable election requirement, unless provided otherwise in the Personnel Rules. Compensatory time will be compensated at the rate of pay in effect at the time of payment.
ARTICLE 13: USE OF CITY OWNED VEHICLES
Section 13.01. Assigned City Vehicle
Take home vehicles will be assigned and determined by the Chief in accordance with operational needs.
Section 13.02. Use of City Vehicles
Employees are to use City vehicles for City work. City liability insurance coverage extends to include use of all City owned vehicles when the employee is driving the vehicle on City business.
Employees shall not use City vehicles for unauthorized purposes.
ARTICLE 14 : WORK DISRUPTION
It is agreed and understood that there will be no strike, work stoppage, slowdown, refusal or failure to fully and faithfully perform job functions and responsibilities, or other interference with the operations of the City by the Association or by its officers, agents, or members during the term of this MOU, including compliance with the request of other labor organizations to engage in such activity.
The Association recognizes the duties and obligations of its representatives to comply with the provisions of this MOU and to make every effort toward inducing employees to do so. In the event of a strike, work stoppage, slowdown, or other interference with the operation of the City or its agents by employees who are represented by the Association, the Association agreesin good faith to take all necessary steps to cease such employee action.
It is agreed and understood that any employee violating this article may be subject to discipline up to and including termination. It is agreed that the City shall institute no lockout of employees during the term of this MOU unless such work disruptions occur.
ARTICLE 15 : EFFECT OF AGREEMENT
Section 15.01. Full Understanding
This MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.
Section 15.02. Waiver
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF COTATI AND THE COTATI POLICE
MANAGEMENT ASSOCIATION
Except as specifically provided herein, it is agreed and understood that the CPMA voluntarily and unqualifiedly waivesits right to, and releases the City from, any obligation to meet and confer on any subject or matter contained herein.
Section 15.03. Modifications.
No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto, unless made and executed in writing by the parties hereto and, if required, approved and implemented by the City Council.
Section 15.04. Future Enforcement.
The waiver of any breach, term, or condition of this MOU by either party shall not constitute a precedent or waiver in the future enforcement of all or any of its terms and provisions.
ARTICLE 16: TERM
Except as indicated herein, this Memorandum of Understanding shall be effective upon ratification and adoption of this agreement), and expires on June 30, 20242029. It shall remain in effect until a successor agreement is negotiated or a party in negotiations for a successor agreement has declared impasse and the administrative impasse resolution procedures have been exhausted without an agreement being reached, no earlier than June 30, 20242029.
Negotiations for a successor agreement shall commence no sooner than March 20242029.
IN WITNESS THEREOF, this MOU is entered into this day of 2024, pursuant to the provisions of Government Code Section 3500 et seq.
COTATI POLICE MANAGEMENT ASSOCIATION
By:
By:
CITY OF COTATI
By:
Damien O'Bid
Dated: