Agenda packet, regular meeting — Cypress City Council, August 28, 2023 (part 2 of 2)

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS

AND THE

CYPRESS POLICE MANAGEMENT ASSOCIATION

ARTICLE I - RECOGNITION
Section 1. Pursuant to the Provisions of the Employer-Employee Relations Resolution No. 970, as amended, the City of Cypress (hereinafter called the "City" and/or "Employer" interchangeably) has recognized the Cypress Police Management Association (hereinafter called "Association") as the representative of the employees in the classifications of Police Captain and Police Lieutenant.

Section 2. The City shall recognize the Association as the representative of the employees in the classifications set forth in Section 1 above for the purpose of meeting its obligation under this Memorandum of Understanding or the Meyers-Milias-Brown Act, Government Code §3500, et. seq., when City Rules, Regulations or laws affecting wages, hours and/or other terms and conditions of employment are amended or changed.

Section 3. Recognizing the above-mentioned body, the City encourages open and good faith negotiations between the City and its employees through their Employees' Association representatives.

ARTICLE II - NON-DISCRIMINATION
Section 1. The City and the Association agree that they shall not discriminate against any employee because of any legally protected classification recognized by state or federal law, including, but not limited to: race, color, sex, age, national origin, disability, political or religious opinions or affiliations. The City and the Association shall reopen any provision of this Agreement for the purpose of complying with any final order of the state or federal agency or court of competent jurisdiction requiring a modification or change in any provision of this Agreement in compliance with state or federal anti-discrimination laws.

Section 2. Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA). To comply with federal and state law, the language below shall apply, unless modified by federal or state law as applicable:

A. The Americans with Disabilities Acts (ADA) and California Fair Employment and Housing Act (FEHA) requires reasonable accommodations for individuals protected under the ADA/FEHA, and because reasonable accommodations must be determined on an individual, case-by-case basis, exceptions to the provisions of this Agreement may be required for the City to avoid discrimination in the hiring, promotion, granting of permanency, 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.

B. Any accommodation provided to an individual protected by the ADA/FEHA shall not establish a past practice, nor shall it be cited or be used as evidence of a past practice in the grievance, discipline, or other legal procedure.

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Section 3. Whenever the masculine gender is used in this Memorandum of Understanding, it shall be understood to also include the feminine gender.

ARTICLE III - COMPENSATION PLAN
Section 1. Basic Compensation Plan
A. All employees covered by this Agreement shall be included under the Basic Compensation Plan. Every position under this Plan shall be assigned a range established by the City Council by resolution. All changes shall be at the beginning of the next closest pay period, except as otherwise approved by the Personnel Officer where there is a special justification.

B. The beginning salary is a minimum rate and is normally the hiring rate for the class. An employee may be assigned, upon appointment, to other than the normal entering salary upon the recommendation of the department head and the approval of the City Manager or his designee when it is decided that such action is in the best interest of the City.

C. Employees' salaries shall be adjusted annually by the applicable percentage adjustment for their range. Additionally, at the time of the annual range adjustment, employees shall be evaluated annually for a merit increase. Each merit adjustment shall be made only if recommended by the Chief of Police and if approved by the Personnel Officer.

D. All rates shown are in full payment for services rendered and covers full payment for the number of hours now being regularly performed in each class.

Section 2. Initial Compensation
All new employees appointed to a position in the competitive service shall be paid a salary within the established range for the position. The initial employment shall generally be at the minimum rate for the class. However, the appointing power may, with approval of the City Manager or his designee, when circumstances warrant it, appoint at other than the minimum salary.

Section 3. Evaluation Dates Shall Be Established As Follows:

A. Employees appointed, promoted or reinstated on or between the first and the fifteenth day of the month inclusive shall have the first day of that same month as their evaluation date.

B. Employees appointed, promoted or reinstated on or between the sixteenth and the last day of the month inclusive shall have the first day of the month immediately following, as their evaluation date.

C. Evaluation dates shall change upon promotion or reclassification. Evaluation dates shall not change following demotions or transfers.

Section 4. Advancement Within Salary Range.

A. In order to properly compensate an employee, advancement in salary shall be based on merit.

B. Advancements in salary shall not be automatic, but shall depend upon the results of an

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employee’s performance evaluation completed by the immediate supervisor.

C. The Chief of Police and/or the employee's immediate supervisor shall be responsible to evaluate employees fairly in an unbiased fashion for the determination of job performance.

Advancement shall be made only upon recommendation of the Chief of Police with approval of the Personnel Officer or his designee.

D. An employee’s job performance must be evaluated at least once every 12 months from the effective date of his last merit increase, special performance advancement, or promotion. Nothing contained herein shall restrict the Chief of Police from denying the increase after evaluation, nor shall it prevent him from recommending a special performance advancement in salary at any time when unusual or outstanding achievement has been demonstrated.

E. It shall be the responsibility of each supervisor to establish realistic achievement levels to merit an increase within a salary range. Achievement levels may be formal or informal and shall be reviewed by the Chief of Police for the purpose of maintaining uniformity of standards throughout the department.

F. Employees who are not at the top of the pay range shall receive minimum annual merit increases as follows:

Outstanding (or equivalent to highest rating) – 3%
Above Standard (or equivalent) – 2%
Meets Standard (or equivalent) – 1%
City management reserves the right to deviate from the established minimums during identified periods of financial instability or when determined to be in the best interests of the City.

Section 5. Salary Increases Following Promotion
When an employee in the Police Department is promoted to a position with a higher salary range, such employee shall automatically be entitled to a salary in the higher salary range that would be a salary increase of at least 5% over the salary received immediately prior to the promotion.

Section 6. Salary Decreases Following Demotion
In the case of a demotion of an employee in the department to a class with a lower maximum salary, such employee shall be assigned to the appropriate salary step in the new class as recommended by the Chief of Police and approved by the City Manager or his designee. The employee shall retain his previous evaluation date.

Section 7. Adjustment of Salary Ranges
A. When a salary range for a given classification is revised upward or downward, the incumbents of the classifications affected shall have their existing salary adjusted to the same relative position in the new salary range and their evaluation date shall not be changed.

B. Clarification of Salary Range Movement - The placement in the range is based on merit achievement or lack of achievement and the movement of the range is based on cost of living adjustments. The changes will occur as follows:

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1. Upon appointment or promotion, an employee is initially placed in the range to the point that there is a fair increase in pay (minimum of 5% above their previous salary). The employee will remain at that point (the same percentage from the top) in the range until there is an evaluation with a recommendation/approval for movement in the range (up or down based on positive or negative performance).

2. If the range is changed (increased or decreased), then the employee will move with the range to remain at the same location or point in the range (e.g., if the employee is at the midpoint in the range prior to the adjustment, then the employee's rate of pay will be the new midpoint of the range). However, in the event of a reduction of salary during the term of this agreement, the City will open discussions with the Association and, if necessary, meet and confer regarding said issue.

Section 8. Salary and Benefits on Suspension
During suspension from City service for disciplinary cause, an employee shall forfeit all rights, privileges and salary, except he shall not forfeit his medical health plan, dental insurance plan, vision insurance plan, retirement plan, disability insurance or life insurance plan, unless specific exclusions prevent such coverage continuation. Should such suspension be later modified or revoked, the employee shall be entitled to receive payment to compensate for loss of income during the period of suspension. Any disruption in coverage continuation shall be reinstated upon return to active duty in accordance with policy eligibility requirements.

Section 9. Salary Adjustments During Term of Memorandum of Understanding A. Attached hereto and incorporated herein is Exhibit "A". Said Exhibit affects base salary adjustments for represented classifications.

B. Salary increases for all represented classifications will be implemented at the beginning of the pay period as follows:

Effective July 7, 2023, an 11% range adjustment.

Effective July 5, 2024, a 4.5% range adjustment.

Effective July 4, 2025, a 4.5% range adjustment.

Effective July 3, 2026, based upon the May CPI-U for Los Angeles-Long Beach-Anaheim, a minimum 2% to a maximum 3% range adjustment.

Section 10. Payroll Schedule and Direct Deposit
The City’s payroll is based on a bi-weekly pay schedule with the pay day occurring every other Friday following the end of a pay period. All employees are required to participate in the City’s direct deposit payroll program.

ARTICLE IV - HOURS OF WORK
All employees of the department shall be subject to be called for service at any time to meet any and all operational needs, emergencies or unusual conditions which, in the opinion of the Chief of Police or designee in charge of the department at the time, may require such service from any of said

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employees.

Section 1. Work Schedules
A. As agreed to by the Association and with approval, and with continued approval from the Chief of Police, the following modified work schedule applies:

1. 4/10 Plan - Employee works 4/10 hour shifts in a 7-day work period. The pay cycle for the employee starts Friday Noon and continues for 14 days until Friday Noon. When an employee is off on a scheduled work day under this Plan, then 10 hours of leave per work day shall be charged. All leaves shall continue under the current accrual, eligibility, request and approval requirements.

B. Upon mutual agreement between the Association and the Chief of Police the following modified work schedule may be implemented:

1. 9/80 Plan - Employee works nine days for 80 hours in a two-week pay period by working eight days (Monday through Thursday) at nine hours and working one Friday for eight hours, totaling 40 hours per work week. All leave hours shall comply with the current accrual, eligibility, request and approval requirements as specified in this MOU or as approved by the Personnel Officer.

ARTICLE V - SPECIAL PAY AND BENEFIT PROVISIONS
Section 1. Performance-Based Police Management Incentive Pay Beginning with the start of the first pay period immediately following adoption of the MOU, employees who receive a minimum “Meets Standards” on the annual performance review shall receive a $700 per month Police Management Incentive Pay. Pay will be suspended if an employee is off work for more than 30 consecutive days for any reason, except as provided by State and Federal law, or if placed on administrative leave for a disciplinary-related matter. The parties agree this is not pensionable compensation. The monthly amount will increase to $750 effective the first full pay period in July 2026.

The Police Management Incentive Pay is intended to reward employees that are performing satisfactorily and to incentivize continued performance after an employee has reached the top of the pay range. If an employee receives an overall performance rating below “Meets Standards”, pay will be discontinued starting the pay period following the issuance of the performance evaluation.

Section 2. Vehicle Usage
The City will provide vehicles to the Police Captains and Police Lieutenants under terms and conditions of which to be determined by the Chief of Police and the City Manager.

Section 3. Uniform Allowance and Safety Equipment
A. All employees shall receive a uniform allowance bi-annual payment. The payment schedule is as follows:

Bi-Annual Payment Date Paid Coverage Period
$500 June of each year January to June

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$500 December of each year July to December
Uniform Allowance is reported to CalPERS on a per pay period basis for Classic CalPERS members.

B. All uniforms and utility equipment shall be purchased by the employee with the uniform allowance. The City shall continue to provide bulletproof vests, safety helmets, oleoresin capsicum (OC) and such other safety equipment as required by law or that the City deems necessary.

ARTICLE VI - HOLIDAYS
Section 1. Recognized Holidays
A. For pay purposes, the following holidays are recognized as municipal holidays for permanent employees. Said employees shall receive these holidays off with pay: New Year's Day, Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday following Thanksgiving Day, Christmas Eve Day and Christmas Day.

B. Beginning the first pay period of the payroll year, current employees shall be credited with one floating holiday (eight working hours). Employees hired after the beginning of the payroll year, but before September 1 of the payroll year, will be credited with one floating holiday. Floating holiday may be taken subject to approval of the Chief of Police after consideration of the department workload and other staffing considerations such as, but not limited to, leave schedules of other employees already approved, sick leave and position vacancies. Floating holiday must be taken in the payroll year of crediting. There shall be no cash payment for unused floating holiday.

C. When any holiday, recognized by the City, falls on a Sunday, the following Monday shall be considered the holiday; when any day, recognized by the City as a holiday, falls on a Saturday, the preceding Friday shall be considered the holiday.

D. Request for a religious holiday shall be made in writing to the Chief of Police. If approved, such time shall be charged against floating holiday, or vacation.

Section 2. Holidays Falling During Approved Leaves of Absence Without Regular Pay A. Any employee on an approved leave of absence without regular pay, having the holiday fall during the period of such leave of absence without regular pay, shall be eligible for such holiday pay only in those instances where said employee has worked either the day before or the day immediately following said holiday.

B. An employee who separates from the City who has taken credited but unearned holiday hours, is responsible for reimbursing the City for the time taken at the rate of pay in effect on the date the time was taken. Whenever possible, the City will make the appropriate deduction from the employee’s final paycheck.

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ARTICLE VII - PROBATIONARY PERIOD
Section 1. Appointments Following Probationary Period
A. The original appointment of every employee shall be tentative and subject to a probationary period of 12 months of service.

B. The promotional appointment of every regular employee shall be tentative and subject to a probationary period of 12 months.

C. If the service of the employee during probation has been satisfactory, the Chief of Police shall file with Human Resources a statement, in writing, to such effect stating that the retention of such employee in the service or promotional appointment is desired. No actions changing an employee's status from probationary to regular shall be made or become effective until approved by the Personnel Officer.

Section 2. Objective of Probationary Period
The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to his position, and for rejecting any probationary employee whose performance does not meet the required standards of work.

Section 3. Employee Performance Reports
Each probationary employee shall have his performance evaluated at the end of each three months of service or at a more frequent interval when deemed necessary by the appointing power.

Regular employees shall have their performance evaluated annually or at more frequent intervals when deemed necessary by the appointing power. Such evaluations shall be reported in writing and in a form approved by the Personnel Officer.

Section 4. Rejection of a Probationary Employee
During the probationary period, an employee may be suspended, demoted or rejected any time by the Chief of Police, with approval of the Personnel Officer, without cause and without right of appeal. Notification of rejection, in writing, shall be served on the probationary employee and a copy filed with Human Resources.

ARTICLE VIII - VACATION
Section 1. Eligibility
All regular, full-time employees, having completed a minimum of six months continuous service with the City, and annually, thereafter, shall be eligible for a paid vacation at his then current rate of pay. Recognizing that it is preferred that the full vacation be taken at one time, the employee may, nevertheless, request a modification of this preference. Upon recommendation of the Chief of Police and approval of the City Manager, appropriate modifications may be allowed.

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Section 2. Vacation Accrual
Each full-time regular and probationary employee shall accrue vacation leave by the following formula:

Hours/Month Year of Employment Annual Amount (Hours)

1. 6.6670 1st year 80 hours

2. 7.3334 2nd year 88 hours

3. 8.0000 3rd year 96 hours

4. 8.6667 4th year 104 hours

5. 9.3334 5th year 112 hours

6. 10.0000 6th year 120 hours

7. 10.6667 7th year 128 hours

8. 11.3334 8th year 136 hours

9. 12.0000 9th year 144 hours

10. 12.6667 10th year 152 hours

11. 13.3334 11th year 160 hours, and each month
thereafter.

Section 3. Anniversary Date
A. Employees hired on or before the first and the fifteenth day of the month shall have the first day of that same month as their anniversary date.

B. Employees hired on or before the sixteenth and the last day of the month shall have the first day of the following month as their anniversary date.

C. Annual adjustments to an employee’s accrual rate are based on the anniversary date.

Section 4. Maximum Accrual
An employee may accumulate unused vacation to a maximum of the amount accrued in the 24 months immediately preceding the employee's anniversary date of employment. The accrual of vacation hours shall cease when an employee's accumulated vacation is at the maximum provided in this Section and the value of all hours accrued in excess of the maximum amount allowed will be deposited into a Retiree Health Savings (RHS) account. Additional vacation hours shall begin accruing when the employee’s vacation balance falls below the maximum.

Section 5. Use of Vacation
A. The time at which an employee's vacation is to occur shall be determined by the Chief of Police with due regard for the wishes of the employee and particular regard for the needs of the service.

B. An employee who has completed five years or more of continuous service and who has taken 40 cumulative hours of vacation in his current anniversary year may elect to be paid for up to a maximum of 80 hours of accrued vacation in the following calendar year. To request payment of up to 80 hours, the employee must submit an irrevocable election form to Human Resources by December 15 of the prior calendar year. For example, if an employee submits a payout request of 80 hours prior to December 15, 2023 and is deemed eligible to receive a payout, the employee will be paid for 80

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hours in 2024. Vacation balances rolled over from prior calendar years are not eligible for cash out.

Regardless of the number of hours irrevocably elected for cash out, the cash out will only be made from hours accrued during the calendar year and not used for time off or otherwise by the employee at the time of the cash out. Cash outs shall be paid in the pay period following: 1) the employee’s anniversary date or 2) the accrual of hours requested to be paid out; whichever comes later.

Employees who do not submit an irrevocable election form by December 15th will be deemed as foregoing participation in the optional annual leave cash-out program for that following calendar year.

Section 6. Vacation Payment at Termination
Employees terminating employment shall be paid in a lump sum for all accrued vacation leave.

Section 7. Holidays Falling During Vacation Leave
In the event one or more municipal holidays fall within an annual vacation leave, such holiday shall not be charged as vacation leave and the vacation leave shall be extended accordingly.

Section 8. Vacation Earned During Leave of Absence
No vacation leave shall be earned during any leave of absence without regular pay for each thirty (30) day period of such leave, except for employees on Labor Code Section 4850 leave.

Section 9. Vacation - Miscellaneous
Employees shall not perform work for the City during their vacation and, thereby, receive double compensation from the City.

ARTICLE IX - LEAVES OF ABSENCE
Section 1. Authorized Leave of Absence Without Regular Pay A. Excluding leave which may fall under the Federal Medical Leave Act (FMLA) or the California Family Rights Act (CFRA), upon recommendation from the Chief of Police, with approval of the City Manager, a regular employee may be granted a leave of absence without pay in cases of emergency or where such absence would not be contrary to the best interest of the City, for a period not to exceed one year. Approval of such leave shall be in writing and a copy filed with the Personnel Officer.

B. At the expiration of the approved leave, within a reasonable period of time after notice from the Chief of Police to return to duty, the employee shall be reinstated to the position held at the time leave was granted. Failure on the part of the employee on leave to report promptly at such leave's expiration shall be cause for discharge.

During such leave, an employee shall remain responsible for contributing his cost for dependent

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coverage as applicable to medical and dental insurance coverage. An employee who receives approval for such leave that is greater than 30 days, shall be subject to the Consolidated Omnibus Budget Reconciliation Act (COBRA) provisions for the continuation of coverage for medical, dental and vision insurance for himself and if applicable, for his dependent(s). Employees on unpaid leave of absence do not accrue vacation or sick leave and are not eligible for any other paid leave.

Section 2. Bereavement Leave
Regular and probationary full-time employees may be granted a bereavement leave of absence by reason of death in the immediate family which shall be restricted and limited to father, mother, brother, sister, spouse, registered domestic partner, child, grandchild, grandmother, grandfather, mother-in-law, or father-in-law. Upon approval, the employee shall be allowed five days of leave up to a maximum of 40 hours.

Section 3. Military Leave of Absence
A. Military leave shall be granted in accordance with the provisions of state and federal law.

All employees entitled to military leave shall give the Chief of Police an opportunity within the limits of military regulations, to determine when such leave shall be taken. Whenever possible, the employee involved shall notify the Chief of Police of such leave request at least 10 working days in advance of the beginning date of such leave.

B. In addition to the provisions of state and federal law, the City shall continue to provide to said employee the current health benefits (medical, dental, vision, disability and life insurance, and retirement subject to insurance eligibility requirements) for the first six months of military leave.

During said period, the employee shall be required to pay to the City the same contribution amounts for dependent coverage as required of other employees in the same bargaining unit. After the first six months of military leave, the employee may continue said health benefits at his cost and subject to the Uniformed Services Employment and Reemployment Rights Act for medical, dental and vision insurance continuation for himself and covered dependent(s).

Section 4. Unauthorized Leave of Absence
Unauthorized leave of absence shall be considered as days, or portions of days, not worked which are normal working days and will cause the deduction from the employee's pay of an amount equivalent to the time absent. Employees taking unauthorized leaves of absence may be subject to disciplinary action, up to and including termination of employment.

ARTICLE X - TEMPORARY ASSIGNMENT AND APPOINTMENT
Section 1. In special circumstances, when in the best interest of the City, the City Manager or his designee may approve a temporary assignment of a probationary or regular employee to a higherlevel classification.

Section 2. In such temporary assignments lasting 30 consecutive calendar days or more, the employee shall be entitled to be compensated at a salary in the higher salary range that would be a salary increase of at least 5% over the salary received immediately prior to the temporary assignment.

If the assignment is initially projected to last 30 consecutive calendar days or more, the salary increase will take place on the first day of the assignment. Approval of the City Manager must be received prior to the commencement of the temporary assignment. The probationary or regular

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employee must be qualified for the higher-level classification following the guidelines of the classification specification as approved by the City Council, and must assume the full duties of the position.

Section 3. Temporary assignments shall not be compensated at increased compensation where the temporary assignment is a replacement of an employee on vacation, training, or other paid leave, except as noted below. Temporary assignments shall be eligible to be compensated at increased compensation when the temporary assignment is to fill a vacancy due to a termination of employment or to an industrial or non-industrial unpaid medical leave of absence. In special circumstances, the City Manager may approve increased compensation for a temporary assignment to fill a vacancy due to an industrial medical leave of absence in which the absent employee is being paid under Labor Code Section 4850.

Section 4. A temporary assignment shall not exceed 960 hours in a fiscal year.

ARTICLE XI - SICK LEAVE
Section 1. General Sick Leave Provisions
A. Sick leave shall be used for the diagnosis, care, or treatment of an existing health condition or preventative care for an employee or as authorized by the Personnel Officer under the provisions of the Federal Family Medical Leave Act, the California Family Rights Act, California Labor Code Section 233 (use of sick leave) or the Healthy Workplace, Healthy Family Act of 2014.

B. The employee may use up to 48 hours of sick leave per year for the following purposes:

1. For the diagnosis, care, or treatment of an existing health condition, or preventative care for, any of the following of the employee’s family members: child of any age or dependency status; parent; parent-in-law; spouse, registered domestic partner, grandparent; grandchild; or sibling.

2. For the employee who is a victim of domestic violence, sexual assault, or stalking: (a) to obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health, safety, or welfare of the employee or his or her child; or (b) to obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety.

Section 2. Eligibility
All employees covered by this Agreement shall be eligible to accrue sick leave.

Section 3. Accrual
Sick leave shall be accrued at the rate of eight (8) hours per calendar month for each calendar month that an employee has worked regularly scheduled hours and/or has been on authorized leave which provides for regular pay, for at least fifteen (15) working days in that month.

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hours of accumulated sick leave on record on December 1st, and opt to receive payment, during the subsequent December on a date determined by Human Resources at a rate of 50% of current salary for one-half (1/2) of their annual unused sick leave.

B. Payment of accumulated sick leave shall be granted on an annual basis to all employees covered by this Memorandum of Understanding who have a minimum of 240 hours of accumulated sick leave on record on December 1st, and opt to receive payment, during the subsequent December on a date determined by Human Resources, at a rate of 100% of current salary for one-half (1/2) of their annual unused sick leave.

C. Employees wishing to cash out sick leave as described in Section 4. (A) and (B) above, must submit an irrevocable election form to Human Resources by December 15 for payment in the subsequent December’s special payroll. For example, if an employee submits a payout request for the maximum of 48 hours prior to December 15, 2023, payment will be issued in December 2024 (if eligible). The maximum number of hours eligible for payout in December 2024 will be based on the sick leave hours used in the 2023 payroll year and may be less than the maximum requested. The sick leave hours for which the employee receives payment shall be deducted from his sick leave balance. Employees who do not submit an irrevocable election form by December 15 will be deemed as foregoing participation in the optional annual leave cash-out program for that following year.

D. In accordance with the annual conversion policy set forth in Section 4 (A), (B) and (C) above, an employee shall have the option of depositing their sick leave payment in a City deferred compensation program instead of receiving payment in cash. All deposits made into the deferred compensation program shall be made in accordance with any and all regulations governing the deferred compensation program.

E. Upon death, service retirement, non-service retirement, separation or termination of an employee covered by this Memorandum of Understanding, with a minimum of 60 days or 480 hours of sick leave accumulation, said employee (or the employee’s estate) is entitled to receive 50% compensation for that accumulated sick leave.

F. Upon death, service retirement, non-service retirement, separation of termination of an employee covered by this Agreement, with a minimum of five years of service and with between 240 hours and 480 hours of sick leave accumulation, said employee (or the employee’s estate) shall receive payment for the difference between that amount of sick leave and 240 hours at 50% compensation.

G. Upon a service retirement of any employee promoted from the Cypress Police Officers’ Association (CPOA) to the Police Management Association after September 1, 2016, said employee will be entitled to receive an additional payment of sick leave accumulation not to exceed 50% of said employee’s sick leave hours accumulated as listed on Exhibit D of the CPOA MOU (July 1, 2013 – June 30, 2016). Current Association members for which this provision applies and their respective hours are:

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H. Unit members agree that upon separation, termination or retirement, 50% of the value of all sick leave hours eligible for cash out will be deposited into a Retiree Health Savings account.

Section 5. Use
A. The employee requesting sick leave shall notify his immediate supervisor or Chief of Police prior to the time set for reporting to work. Sick leave with or without pay shall not be used by employees as a form of illegal strike activity against the City. After the employee has used 24 hours, or three days, whichever is greater, of sick leave for any of the purposes stated in Section 1, sick leave with pay shall not be allowed unless the employee has met and complied with the provisions of this Memorandum of Understanding, and the Chief of Police or the Personnel Officer has approved such payment.

B. Employees may be required to provide a physician's certification for any sick leave absence that occurs after the employee has used 24 hours, or three days, whichever is greater, that involves the illness of the employee or family member.

C. The Chief of Police or the Personnel Officer may require medical certification that the employee is capable of and released to return to the performance of all the duties of his position.

D. Sick leave may be requested and used as approved by the Chief of Police or the Personnel Officer. Payment for approved sick leave shall be authorized until the employee's accumulated total of sick leave hours has been exhausted and at such time the employee shall receive no further payment for sick leave. An employee shall have his accumulated sick leave balance reduced by an amount equal to the number of hours of sick leave for which he receives payment.

E. Unless otherwise approved by the Personnel Officer, sick leave shall not be granted for disability arising from any sickness or injury purposely self-inflicted or caused by an employee's own willful misconduct or for work-related illnesses or injuries.

Section 6. Sick Leave During Vacation
An employee who becomes ill while on vacation may have such period of illness charged to his accumulated sick leave provided that immediately upon return to duty, the employee submits a written request to the Chief of Police for sick leave and a written statement signed by his physician verifying the temporary illness and dates of illness (where authorized under section 5(b) above); and the Chief of Police recommends and the Personnel Officer approves granting of such sick leave. The employee may request an extension of vacation due to illness, subject to the approval of the department head.

Section 7. Extended Sick Leave
A. In the event of an employee's continuing illness which results in depletion of sick leave accumulation and/or is not subject to the Federal Medical Leave Act or California Family Rights Act, the employee may request, in writing, to the Chief of Police and City Manager, a leave of absence without regular pay for the purpose of recovering from an illness, provided:

1. The employee has used all of his accumulated sick leave.

2. The employee presents to the Chief of Police for referral to and consideration by the

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Personnel Officer, a written statement verifying the employee's need for extended sick leave and an estimate of the time needed for recovery signed by the employee's physician.

3. Prior to resuming his duties, the employee may be required to take a medical examination at the City’s expense and provide a medical release to return to work from the employee's physician as prescribed by the Personnel Officer. The results of such examination shall be considered by the Personnel Officer in determining the employee's fitness to return to work.

Section 8. Federal Medical Leave Act and the California Family Rights Act The City shall comply with the Federal Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). Where there are differences between similar provisions of the Acts, the City shall comply with the provision which gives the employee the greater rights.

Section 9. On-the-job Injury. Employees who are disabled by injury or illness arising out of and in the course of their duties as employees of the City, shall be entitled to the benefits and privileges of California Labor Code Section 4850 as the Section now exists or is hereinafter amended.

Any payment made pursuant to this Section shall not be charged as sick leave. Sick leave and vacation benefits shall accrue during the period of disability pursuant to the provisions of California Labor Code Section 4850.

Section 10. Off-the-job Injury. An employee injured outside of his service with the City may request sick leave and may apply for benefits under the disability insurance plan provided by the City in the event of extended medical disability. Continuation of health insurance coverage shall also apply as specified in Article IX - Leaves of Absence, Section 1(D).

Section 11. Continuation of Health Coverage During Temporary Disability For the duration of a temporary disability, the City shall continue to pay for the employee’s medical, dental, vision, retirement, and disability and life insurance coverage subject to insurance eligibility requirements. During said period of temporary disability, the employee shall be required to pay to the City the same contribution amounts for dependent coverage as required of other employees. City paid coverage shall continue for the first 30 days and may be extended up to one year subject to City Council approval. City Council may grant such approval in increments of 90 calendar days.

ARTICLE XII - FRINGE BENEFIT ADMINISTRATION
Section 1. Administration. The City reserves the right to select the insurance carrier or administer any fringe benefit programs that now exist or may exist in the future during the term of this Memorandum of Understanding.

Section 2. Selection and Funding. In the administration of the fringe benefit programs, the City shall have the right to select any insurance carrier or other method of providing coverage to fund the benefits included under the terms of this Memorandum of Understanding, provided that the benefits of the employees shall be no less than those in existence as of implementation of this Agreement.

Section 3. Changes. If, during the term of this Memorandum of Understanding, any change of insurance carrier or method of funding for any benefit provided hereunder occurs, the City shall notify

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the Association prior to any change of insurance carrier or method of funding the coverage.

ARTICLE XIII - HEALTH, LIFE, DENTAL, DISABILITY AND VISION INSURANCE Section 1. Health Insurance Plan.

Flexible Benefit Plan: The City shall maintain a benefit plan which will allow employees to utilize pre-tax dollars for health contributions and will provide additional contributions above the "PERS Health Coverage" for health insurance as noted below.

PERS Health Coverage: Pursuant to Government Code Section 22892 the City shall continue to pay the minimum monthly payment to PERS for all those employees and retirees choosing the PERS Health Plan, and shall pay any adjustments to this amount pursuant to PERS law. An employee and retiree may choose any plan offered by PERS that said employee or retiree is eligible to receive. Employees eligible for this plan may choose, depending on their family status (single, one dependent or more), any medical plan offered by PERS (as eligible) and the following monthly City maximum contribution and employee minimum contribution benefit shall apply:

The following monthly City maximum contribution and employee minimum contribution benefit shall apply for the period July 1, 2023 through December 31, 2023:
*City *Employee
Status Maximum Minimum
Employee Only $1575 $ 0
Employee + 1 $1575 $ 5
Employee + Family $1575 $10
The following monthly City maximum contribution and employee minimum contribution benefit shall apply for the period January 1, 2024 through December 31, 2024:
*City *Employee
Status Maximum Minimum
Employee Only $1700 $ 0
Employee + 1 $1700 $ 5
Employee + Family $1700 $10
The following monthly City maximum contribution and employee minimum contribution benefit shall apply for the period January 1, 2025 through December 31 2025:
*City *Employee
Status Maximum Minimum
Employee Only $1800 $ 0
Employee + 1 $1800 $ 5
Employee + Family $1800 $10

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The following monthly City maximum contribution and employee minimum contribution benefit shall apply for the period January 1, 2026 through June 30, 2027:
*City *Employee
Status Maximum Minimum
Employee Only $1850 $ 0
Employee + 1 $1850 $ 5
Employee + Family $1850 $10
*The City will only pay up to the maximum contribution (City Maximum) or the premium of the health plan selected by the employee, whichever is lower. The employee must pay either the cost of the premium not covered by the City Maximum or the minimum contribution (Employee Minimum) as stated above, whichever is higher. This payment inclusive of the City’s statutory minimum PEMHCA contribution.

PERS Health Plan Deletion: An employee cannot be enrolled in the PERS health plan if a spouse is enrolled in the same agency or enrolled in an agency with PERS health, unless the employee (or the spouse) is enrolled without being covered as a family member. Additionally, an employee may choose to not be enrolled in the PERS health plan. If an employee chooses to delete the health plan coverage, the City shall pay a cash allowance of $400 per month to eligible employees. [The same concept is applied to Dental at $5 per month]. In order to receive the deletion payment, the employee must annually certify that he has medical insurance coverage in a group plan (other than Covered California) that provides minimum essential coverage under the Affordable Care Act for the employee and all members of his tax family.

Section 2. Affordable Care Act Reopener
The City may reopen negotiations on the issue of health insurance during the term of this Agreement if the health insurance benefits and/or contributions provided by the City or any other aspect of Article XIV need to be modified in order to limit or eliminate penalties or taxes under the Patient Protection and Affordable Care Act (ACA).

Section 3. Supplemental Health Care Benefit - Eligible Retirees (Hired Before July 1, 2009) A. Employees hired prior to 7/1/09 who retire from the City under a PERS service retirement, with at least 10 years of continuous service and elected to be grandfathered into this benefit (versus enrolling in the Retiree Health Savings Plan) may be eligible for supplemental health care benefits effective on the date of retirement. The employee's service retirement date must immediately follow the employment separation date for the employee to be eligible to receive the supplemental health care benefit.

B. The retiree may receive a payment for this benefit in the amount of $300/month after 10 years of continuous service. Effective January 2024, the benefit amount will increase to $350/month.

C. The monthly payment amount set forth in B above, can be used by the retiree to either continue his health care benefits as may be available through the PERS Health Plan or use the monthly payment amount to purchase alternative health care benefits. This monthly payment shall be sent to the eligible retiree by direct deposit.

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D. If the retiree chooses to participate in a plan other than the PERS Health plan, the retiree must provide the City with verification, as determined by the Personnel Officer, that the City payment is being used to secure alternative health care benefits. Verification must be submitted to Human Resources on an annual basis. Payments will only be issued if a current verification is on file during the month covered by the payment.

E. The above City payment will terminate on the date that the retiree reaches age 65 or on the date that the retiree becomes eligible for Medicare, whichever comes first.

F. This provision does not relate to the minimum payment to PERS for employees and retirees selecting the PERS Health Plan. Therefore, if a retiree eligible for the above supplemental health care benefit selects the PERS Health Plan coverage, then the retiree would be eligible for the above City payment and the minimum payment to PERS by the City.

G If an employee elects to remain in the Supplemental Health Care Benefit Program described above, he is not eligible to participate in the Retiree Health Savings Plan described in Section 4 below.

Section 4. Retiree Health Savings Plan
A. Employees hired on or after 7/1/09 are required to participate in the Retiree Health Savings plan.

B. The City will contribute $185 per month for each employee participating in the Retiree Health Savings Plan.

C. Full-time sworn employees hired by the City of Cypress prior to 7/1/09 who subsequently promote to the Association will have the option of remaining in the existing Supplemental Health Care Benefit Program, or participating in the Retiree Health Savings Plan.

D. Once an employee hired prior to 7/1/09 selects one of the two options (i.e. remain in the Supplemental Health Care Benefit Program or enroll in the Retirement Health Savings Plan), the decision is final and permanent. At no time will an employee be allowed to participate in both the Supplemental Health Care Benefit Program and receive the monthly contribution to the Retiree Health Savings Plan.

Section 5. Dental Insurance Plan
A. The City shall pay 100% of the employee’s premium to a dental insurance plan.

B. Payment for dependent coverage in the dental insurance plan shall be the responsibility of the employee.

C. The City will pick up the cost of rate increases that occur within the Dental Plan for the duration of the current MOU contract, through 6/30/2027.

Section 6. Vision Plan. The City shall pay 100% of the employee's and dependent's premium to a vision insurance plan.

A. The City will pick up the cost of rate increases that occur within the Vision Plan for the

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duration of the current MOU contract, through 6/30/2027.

Section 7. Life Insurance Plan. The City shall pay 100% of the premium for a term life insurance policy for each eligible employee in the amount of $50,000.

A. The City will pick up the cost of rate increases that occur within the Life Insurance Plan for the duration of the current MOU contract, through 6/30/2027.

Section 8. Disability Insurance Plan
The City shall provide a short-term and long-term disability insurance plan for all employees covered by this Memorandum of Understanding. The City shall pay 100% of the premium for the employee's short-term and long-term disability insurance plan. Modifications to the plan shall be made only after the City has met and consulted with the Association.

ARTICLE XIV – RETIREMENT
Section 1. The City shall continue to make contributions for eligible public safety personnel to the CalPERS plan known as 3% @ 50 with the CalPERS retirement survivor continuance option (Section 21263 and 21263.1), 1959 Survivors Benefit (Level 4), and one-year highest compensation (Section 20024.2).

Section 2. The City shall pay the Classic employees' statutory member contribution to their retirement plan subject to Section 3, and place it in the employees' individual CalPERS retirement accounts.

Section 3.

A. Employees hired prior to January 1, 2013, or employees hired after January 1, 2013 and are determined to be Classic CalPERS members, shall pay 12% towards their retirement benefits with CalPERS.

These contribution amounts are cost-sharing contributions under Government Code Section 20516(f) and shall be reported to CalPERS as employer contributions. The City will continue paying Classic members’ 9% statutory contributions as Employer Paid Member Contributions (EPMC), which shall not be reported as special compensation. It is the parties’ intent that if the MOU expires with no successor MOU in place, the 12% cost sharing contributions shall continue unless and until the parties agree to revise it as part of a successor MOU.

B. Employees hired after January 1, 2013 and are new to the California Public Employees’ Retirement System (CalPERS), have had a six (6) month or more break in service and have not previously worked as a safety employee for the City, or otherwise do not qualify as Classic CalPERS members, are subject to all laws, statutes, rules and regulations of the Public Employees’ Pension Reform Act (PEPRA) applicable to “new members”. The retirement formula for PEPRA members is

2.7% @ 57.

Section 4. In the event the City and its employees are required to participate in the Federal Social Security program, the contribution designated by law to be the responsibility of the employee shall be paid in full by the employee, and the City shall not be obligated to pay or “pick up” any portion thereof.

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ARTICLE XV - EMPLOYEE TRAINING AND EDUCATION PROGRAMS
Section 1. Tuition Reimbursement
A. Employees who meet the requirements of the plan and who secure at least a passing grade ("C"), shall receive up $1,200 per fiscal year reimbursement for the cost of tuition, mandatory fees and required textbooks to attend accredited colleges taking courses pursuant to the employees' training and education programs.

B. An additional accelerated master degree (“AMD”) tuition reimbursement program shall be implemented for PMA members. The AMD tuition reimbursement program shall be limited to the Master of Science Degree in Emergency Services Management, Criminal Justice or Organizational Development at California State University, Long Beach (CSULB), Chapman University, or an equivalent college/university approved in advance of enrollment by the Personnel Office. While an employee may choose to attend either CSULB, Chapman University, or an equivalent college or university approved by the Personnel Office, the City’s reimbursable maximum amounts (as noted below) will be based upon the CSULB tuition rates. The City will reimburse participating employees on a “pay as you go basis” 50% of the cost of tuition, books and any materials directly related to the course(s) which are required by the course instructor (“Eligible Costs”). The remaining 50% of costs will be borne by the employee. In no event will the City’s reimbursement for Eligible Costs exceed $2,500 in a twelve month period. The total amount of the City’s reimbursements for Eligible Costs shall not exceed $5,000 per employee.

C. In the event that (1) an employee who has received reimbursement under the AMD tuition reimbursement program terminates their employment, and (2) the employee has received reimbursements under the AMD tuition reimbursement program in an amount greater than what the employee was entitled to receive (on a fiscal year basis) under the City’s standard tuition reimbursement plan as described in Section A. above commencing at the time the employee entered the AMD program and ending at the time of separation of employment, the employee will be required to reimburse the City for the difference. For the purpose of calculating any balance that may be due, the City’s standard tuition reimbursement plan as described in Section A. above will be allocated on a monthly basis ($100 per month). By way of example, assuming an employee receives a total of $4,800 in reimbursement payments from July 1, 2023 to June 30 2025, and the employee terminates in September of 2026, the employee would required to reimburse the City $900. However, if the employee terminates after July 1, 2027, no reimbursement would be due to the City.

ARTICLE XVI - SAFETY AND HEALTH
Section 1. The City and the employees of the City agree to comply with all applicable Federal and State laws which relate to health and safety.

ARTICLE XVII - LAYOFF PROCEDURES
Section 1. Policy
A. Whenever there shall be need for layoff, employees within the class(es) of position(s) involved shall be separated by layoff in the following order: emergency, provisional, temporary, probationary, regular. The order of layoff of regular employees shall be based upon recommendation of the department head. The department head shall take into consideration such things as tenure and job performance. Regular employees, subsequently laid off, shall be given 10 working days' notice, and written notice of the reasons for such action. Regular employees in good standing (those

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deemed to have produced satisfactory service) shall be placed on appropriate employment lists and will have precedence for employment over persons whose names appear on employment lists for the same class of position.

B. An employee may be separated by layoff by the Chief of Police when deemed necessary or convenient as a result of substantial changes in duties or organization, abolition of position, shortages of work funds, or completion of work for which employment was made. Such termination shall not be subject to appeal.

ARTICLE XVIII - REINSTATEMENT
Section 1. Policy.

A. Regular employees who have been laid off shall be entitled to reinstatement to positions in the same class where such positions are to be refilled during the period of their eligibility on the layoff employment list. Any employees so reinstated shall retain all benefits accrued in prior service with the City. During such layoff, no benefits shall accrue and the anniversary date shall be adjusted, if such layoff times exceeds 30 consecutive days.

B. Any regular employee who has resigned from the City's service in good standing may, upon written request and approval of the Chief of Police and the Personnel Officer, be considered for reinstatement to a position in the same or similar class in the classified service within two years of such termination. Such reinstatement shall be made without benefit of additional examination and may take precedence over employment lists, but in no way shall it be mandatory for the Chief of Police to reappoint a former employee should he desire not to do so. Appointment shall otherwise be made in the manner as for original employment.

C. Upon reinstatement, any employee so appointed shall be considered a new appointee and shall have no vested interest in or be entitled to any benefits accrued during any previous employment with the City.

ARTICLE XIX - PROMOTION AND DEMOTION
Section 1. Promotion
A. Insofar as practicable and consistent with the best interests of the service, all vacancies in the competitive service shall be filled by promotion from within the competitive service, after a promotional examination has been given and a promotional list established. To be eligible to compete in a promotional examination, an employee must have City experience in a lower classification in the same occupational field performing work that is sufficiently preparatory for the work of the promotional classification. The Personnel Officer shall determine the appropriate positions from which employees may be drawn to compete in a promotional examination.

B. If, in the opinion of the Chief of Police, a vacancy in the department could be filled better by an open, competitive examination, then the department head may instruct the Personnel Officer to call for applications for the vacancy and arrange for an open, competitive examination and for the preparation and certification of an employment list. Regular employees who meet the requirements of the position will be eligible to compete in the open, competitive examination.

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C. Promotion shall be accomplished insofar as practicable and consistent with the best interests of the service.

Section 2. Demotion
A. The Chief of Police, with approval of the City Manager and subject to any due process rights of the employee, may demote an employee for any of the following reasons or conditions:

1. An employee whose ability to perform his required duties falls below acceptable standards.

2. For disciplinary reasons set forth in Chapter 11.03 of the Personnel Rules and Regulations of the City of Cypress.

3. When the need for a position which an employee fills no longer exists.

4. When an employee requests such demotion and has the consent of the prospective supervising official.

5. For any other reasonable grounds as approved by the Personnel Officer.

B. No employee shall be demoted to a classification for which he does not possess the minimum qualifications. Written notice shall be given an employee at least 10 working days before the effective date of the demotion and complete information regarding such change shall be reported to the Personnel Officer.

ARTICLE XX - NO STRIKE - NO LOCKOUT
Section 1. Prohibited Conduct
A. The Association, its officers, agents, representatives and/or members agree that during the term of this Agreement, they will not cause or condone any strike, walkout, slowdown, sickout or any other job action by withholding or refusing to perform services.

B. The City agrees that it shall not lock out its employees during the term of this Agreement.

The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall, or failure to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this Agreement or applicable ordinance or law.

C. Any employee who participates in any conduct prohibited in Section A above may be subject to termination by the City.

D. In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities listed below in Section 2, "Association Responsibility;" the City may suspend any and all of the rights, privileges, accorded to the Association under the Employee Relations Resolution or in this Memorandum of Understanding, including, but not limited to, suspension of recognition of the Association, grievance procedures, right of access, check off, the use of the City's bulletin boards and facilities.

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Section 2. Association Responsibility
A. In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 1(A), "Prohibited Conduct," the Association or its duly authorized representatives shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Memorandum of Understanding and unlawful, and they should immediately cease engaging in conduct prohibited in Section 1(A), "Prohibited Conduct," and return to work.

B. If the Association performs all of the responsibilities set forth in Section 1 herein, its officers, agents and representatives shall not be liable for damages for prohibited conduct performed by employees who are covered by this Agreement in violation of Section 1 "Prohibited Conduct." ARTICLE XXI – NO SMOKING POLICY
Section 1. Pursuant to California Government Code § 7596 through 7597, employees shall not smoke any tobacco product inside a public building, or in an outdoor area within 20 feet of a main exit, entrance, or operable window of a public building, or in a passenger vehicle, as defined by Vehicle Code § 465, owned by the state.

Section 2. Employees shall not smoke or use tobacco products at any time in any City vehicle.

Section 3. Employees shall not smoke or use tobacco products at any time in public view on any City property.

Section 4. Employees hired after July 1, 2000, must refrain from smoking tobacco or using any other tobacco substances at any time on or off duty as a condition of continued employment.

Violation of this condition of employment shall be deemed good cause for discipline, up to and including dismissal.

Section 5. Violation of this Article may result in appropriate disciplinary action.

ARTICLE XXII - ENTIRE MEMORANDUM OF UNDERSTANDING
Section 1. It is the intent of the parties hereto that the provisions of this Memorandum of Understanding shall supersede all prior agreements and memoranda of agreement, or memoranda of understanding, or contrary salary and/or personnel resolutions or administrative codes, provisions of the City, oral and written, expressed or implied, between the parties, and shall govern the entire relationship, and shall be the sole source of any and all rights which may be asserted hereunder.

This Memorandum of Understanding is not intended to conflict with Federal or State law.

Section 2. Notwithstanding the provisions of Section 1, there exists within the City certain personnel rules and regulations. To the extent that this Agreement does not specifically contradict these personnel rules and regulations or departmental rules and regulations or City ordinances, they shall continue subject to being changed by the City in accordance with the exercise of City rights under this Agreement and applicable State law.

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ARTICLE XXIII - WAIVER OF BARGAINING DURING TERM OF THIS MEMORANDUM OF

UNDERSTANDING
Section 1. Except where required by the terms of this Agreement, during the term of this Memorandum of Understanding, the parties mutually agree that they will not seek to negotiate or bargain with regard to wages, hours and terms and conditions of employment, whether or not covered by this Memorandum of Understanding or in the negotiations leading thereto, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this Memorandum of Understanding. Regardless of the waiver contained in this Article, the parties may; however, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this Memorandum of Understanding.

Section 2. During the term of this Agreement, the Association agrees to review proposed changes to the City Personnel Rules and Regulations including but not limited to, clean-up of outdated language, clarifying rules regarding employees on extended leaves of absence, updates to the harassment policy and adding a procedure for administrative appeal hearings under the POBOR.

ARTICLE XXIV - CITY RIGHTS
Section 1. The City reserves, retains and is vested with, solely and exclusively, all rights of management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights:

A. To manage the City generally and to determine the issues of policy.

B. To determine the existence or non-existence of facts which are the basis of the management decision.

C. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish service.

D. To determine the nature, manner, means, and technology and extent of services to be provided to the public.

E. Methods of financing.

F. Types of equipment or technology to be used.

G. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted.

H. To determine and change the number of locations, relocations and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or sub-contract any work or operation.

I. 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.

J. To relieve employees from duties for lack of work or similar non-disciplinary reasons.

K. To establish and modify productivity and performance programs and standards.

L. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in departmental disciplinary procedures.

M. To determine job classification and to reclassify employees.

N. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the Memorandum of Understanding.

O. To determine policies, procedures and the standards for selection, training and promotion

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of employees.

P. To establish employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith.

Q. To maintain order and efficiency in its facilities and operations.

R. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement.

S. To take any and all necessary action to carry out the mission of the City in emergencies.

Section 2. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of management's rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding.

ARTICLE XXV - EMERGENCY WAIVER PROVISION
Section 1. In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this Memorandum of Understanding or the Personnel Rules and Regulations of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is over, the Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of these provisions in the Memorandum of Understanding and any Personnel Rules and Regulations.

ARTICLE XXVI - SEPARABILITY
Section 1. Should any provision of this Memorandum of Understanding be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this Memorandum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding.

ARTICLE XXVII - TERM OF MEMORANDUM OF UNDERSTANDING
Section 1. Except as otherwise stated in this agreement, the term of this Memorandum of Understanding shall commence on July 1, 2023 and shall continue in full force and effect until June 30, 2027.

ARTICLE XXIII - RATIFICATION AND EXECUTION
Section 1. The City and the Association acknowledge that this Memorandum of Understanding shall not be in full force and effect until ratified by the Association and adopted by the City Council of the City of Cypress. Subject to the foregoing, this Memorandum of Understanding is hereby executed by the authorized representatives of the City.

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EXHIBIT "A"
Cypress Police Management Association
Effective July 7, 2023
CLASS TITLE SALARY RANGES (Per Month)
Police Captain $14,762 - $17,721
Police Lieutenant $13,359 - $16,034
Cypress Police Management Association
Effective July 5, 2024
CLASS TITLE SALARY RANGES (Per Month)
Police Captain $15,426 - $18,518
Police Lieutenant $13,960 - $16,756
Cypress Police Management Association
Effective July 4, 2025
CLASS TITLE SALARY RANGES (Per Month)
Police Captain $16,120 - $19,351
Police Lieutenant $14,588 - $17,510
Effective July 3, 2026, a minimum 2% to a maximum 3% based upon the CPI-U for Los AngelesLong Beach-Anaheim for the 12-month period ending May 2026.

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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS

AND THE

CYPRESS POLICE MANAGEMENT ASSOCIATION

Section 3. Recognizing the above-mentioned body, the City encourages open and good faith negotiations between the City and its employees through their Employees' Association representatives.

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Section 3. Whenever the masculine gender is used in this Memorandum of Understanding, it shall be understood to also include the feminine gender.

D. All rates shown are in full payment for services rendered and covers full payment for the number of hours now being regularly performed in each class.

Section 3. Evaluation Dates Shall Be Established As Follows:

A. Employees appointed, promoted or reinstated on or between the first and the fifteenth day of the month inclusive shall have the first day of that same month as their evaluation date.

C. Evaluation dates shall change upon promotion or reclassification. Evaluation dates shall not change following demotions or transfers.

Section 4. Advancement Within Salary Range.

A. In order to properly compensate an employee, advancement in salary shall be based on merit.

B. Advancements in salary shall not be automatic, but shall depend upon the results of an

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employee’s performance evaluation completed by the immediate supervisor.

C. The Chief of Police and/or the employee's immediate supervisor shall be responsible to evaluate employees fairly in an unbiased fashion for the determination of job performance.

Advancement shall be made only upon recommendation of the Chief of Police with approval of the Personnel Officer or his designee.

D. An employee’s job performance must be evaluated at least once every twelve (12) months from the effective date of his last merit increase, special performance advancement, or promotion.

Nothing contained herein shall restrict the Chief of Police from denying the increase after evaluation, nor shall it prevent him from recommending a special performance advancement in salary at any time when unusual or outstanding achievement has been demonstrated.

F. Employees who are not at the top of the pay range shall receive minimum annual merit increases as follows:

Section 5. Salary Increases Following Promotion
When an employee in the Police Department is promoted to a position with a higher salary range, such employee shall automatically be entitled to a salary in the higher salary range that would be a salary increase of at least five percent (5%) over the salary received immediately prior to the promotion.

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B. Salary increases for all represented classifications will be implemented at the beginning of the pay period as follows:

Effective July 7, 2023, an 11% range adjustment.

Effective July 5, 2024, a 4.5% range adjustment.

Effective July 4, 2025, a 4.5% range adjustment.

Effective July 3, 2026, based upon the May CPI-U for Los Angeles-Long Beach-Anaheim, a minimum 2% to a maximum 3% range adjustment.

Effective July 9, 2021, a 3% range adjustment.

Effective July 8, 2022, based upon the May CPI-U for Los Angeles-Long Beach-Anaheim, a minimum 1.5% to a maximum 2.5% range adjustment.

Section 10. One-Time Payment
All members who remain employed through June 30, 2021, will receive a one-time nonPERSable gross payment of $6,000.

Where eligible and in accordance with the Department of Treasury’s final guidelines, these one-

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time payments will be deemed “premium pay” under the American Rescue Plan Act and are intended to recognize and compensate eligible workers on the frontline, working in the field during the COVID19 pandemic. Any one-time payment determined ineligible for premium pay classification under the American Rescue Plan Act will be paid with other available City resources. Payment will be included in a regular payroll within 40 days of ratification of this agreement.

The parties agree and stipulate that these payments shall not be deemed to be salary or performance-based compensation, shall not be considered special compensation or incentive pay and therefore, shall not be deemed in law to be reportable compensation to CalPERS. The gross distribution of each Retention Stimulus shall be subject to all mandated state/federal withholdings and shall not be deemed an adjustment to any recipient’s base salary or salary range.

Section 101. Payroll Schedule and Direct Deposit
The City’s payroll is based on a bi-weekly pay schedule with the pay day occurring every other Friday following the end of a pay period. All employees are required to participate in the City’s direct deposit payroll program.

Section 1. Work Schedules
A. As agreed to by the Association and with approval, and with continued approval from the Chief of Police, the following modified work schedule applies:

B. Upon mutual agreement between the Association and the Chief of Police the following modified work schedule may be implemented:

1. 9/80 Plan - Employee works nine (9) days for eighty (80) hours in a two-week pay period by working eight (8) days (Monday through Thursday) at nine (9) hours and working one Friday for eight (8) hours, totaling forty (40) hours per work week. All leave hours shall comply with the current accrual, eligibility, request and approval requirements as specified in this MOU or as approved by the Personnel Officer.

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receive a $700 per month Police Management Incentive Pay. Pay will be suspended if an employee is off work for more than 30 consecutive days for any reason, except as provided by State and Federal law, or if placed on administrative leave for a disciplinary-related matter. The parties agree this is not pensionable compensation. The monthly amount will increase to $750 effective the first full pay period in July 2026.

Section 21. Vehicle Usage
The City will provide vehicles to the Police Captains and Police Lieutenants under terms and conditions of which to be determined by the Chief of Police and the City Manager.

Section 32. Uniform Allowance and Safety Equipment
A. All employees shall receive a uniform allowance bi-annual payment. The payment schedule is as follows:

Bi-Annual Payment Date Paid Coverage Period
$500 June of each year January to June
$500 December of each year July to December
Uniform Allowance is reported to CalPERS on a per pay period basis for Classic CalPERS members.

B. Beginning the first pay period of the payroll year, current employees shall be credited with one floating holiday (eight8 working hours). Employees hired after the beginning of the payroll year, but before September 1 of the payroll year, will be credited with one floating holiday. Floating holiday may be taken subject to approval of the Chief of Police after consideration of the department workload and other staffing considerations such as, but not limited to, leave schedules of other employees already approved, sick leave and position vacancies. Floating holiday must be taken in the payroll

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year of crediting. There shall be no cash payment for unused floating holiday.

D. Request for a religious holiday shall be made in writing to the Chief of Police. If approved, such time shall be charged against floating holiday, or vacation.

B. The promotional appointment of every regular employee shall be tentative and subject to a probationary period of twelve (12) months.

Section 3. Employee Performance Reports
A. Each probationary employee shall have his performance evaluated at the end of each three (3) months of service or at a more frequent interval when deemed necessary by the appointing power. Regular employees shall have their performance evaluated annually or at more frequent intervals when deemed necessary by the appointing power. Such evaluations shall be reported in

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writing and in a form approved by the Personnel Officer.

B. The written report of an employee's performance evaluation shall be filed in triplicate, the original to be filed with the Personnel Officer and made a part of the employee's personnel records, one copy to be retained by the department, and one copy to be given to the employee.

ARTICLE VIII - VACATION
Section 1. Eligibility
All regular, full-time employees, having completed a minimum of six (6) months continuous service with the City, and annually, thereafter, shall be eligible for a paid vacation at his then current rate of pay. Recognizing that it is preferred that the full vacation be taken at one time, the employee may, nevertheless, request a modification of this preference. Upon recommendation of the Chief of Police and approval of the City Manager, appropriate modifications may be allowed.

Section 2. Vacation Accrual
Each full-time regular and probationary employee shall accrue vacation leave by the following formula:

Hours/Month Year of Employment Annual Amount (Hours)

1. 6.6670 1st year 80 hours

2. 7.3334 2nd year 88 hours

3. 8.0000 3rd year 96 hours

4. 8.6667 4th year 104 hours

5. 9.3334 5th year 112 hours

6. 10.0000 6th year 120 hours

7. 10.6667 7th year 128 hours

8. 11.3334 8th year 136 hours

9. 12.0000 9th year 144 hours

10. 12.6667 10th year 152 hours

11. 13.3334 11th year 160 hours, and each month
thereafter.

Section 3. Anniversary Date
A. Employees hired on or before the first and the fifteenth day of the month shall have the first day of that same month as their anniversary date.

B. Employees hired on or before the sixteenth and the last day of the month shall have the first day of the following month as their anniversary date.

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C. Annual adjustments to an employee’s accrual rate are based on the anniversary date.

Section 4. Maximum Accrual
An employee may accumulate unused vacation to a maximum of the amount accrued in the twenty-four (24) months immediately preceding the employee's anniversary date of employment. The accrual of vacation hours shall cease when an employee's accumulated vacation is at the maximum provided in this Section and the value of all hours accrued in excess of the maximum amount allowed will be deposited into a Retiree Health Savings (RHS) account. Additional vacation hours shall begin accruing when the employee’s vacation balance falls below the maximum.

B. An employee who has completed five (5) years or more of continuous service and who has taken forty (40) cumulative hours of vacation in his current anniversary year may elect to be paid for up to a maximum of eighty (80) hours of accrued vacation in the following calendar year. To rRequest for payment of up to eighty (80) hours, the employee shall be made in writingmust submit an irrevocable election form to Human Resources by December 15 of the prior calendar year for the requested payment on the employee’s anniversary date. For example, if an employee with an anniversary date of April 1 submits a payout request of 80 hours prior to December 15, 20230 and is deemed eligible to receive a payout, the employee will be paid for 80 hours in April 20241. Vacation balances rolled over from prior calendar years are not eligible for cash out. Regardless of the number of hours irrevocably elected for cash out, the cash out will only be made from hours accrued during the calendar year and not used for time off or otherwise by the employee at the time of the cash out.

Cash outs shall be paid in the pay period following: 1) the employee’s anniversary date or 2) the accrual of hours requested to be paid out; whichever comes later.

Employees who do not submit an irrevocable election form by December 15th will be deemed as foregoing participation in the optional annual leave cash-out program for that following calendar year.

Section 6. Vacation Payment at Termination
Employees terminating employment shall be paid in a lump sum for all accrued vacation leave.

Section 9. Vacation - Miscellaneous

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Employees shall not perform work for the City during their vacation and, thereby, receive double compensation from the City.

ARTICLE IX - LEAVES OF ABSENCE
Section 1. Authorized Leave of Absence Without Regular Pay A. Excluding leave which may fall under the Federal Medical Leave Act (FMLA) or the California Family Rights Act (CFRA), upon recommendation from the Chief of Police, with approval of the City Manager, a regular employee may be granted a leave of absence without pay in cases of emergency or where such absence would not be contrary to the best interest of the City, for a period not to exceed one (1) year. Approval of such leave shall be in writing and a copy filed with the Personnel Officer.

C. During any authorized leave of absence without regular pay, an employee shall not be eligible to accumulate or receive fringe benefits coverage except as specifically provided for in this Memorandum of Understanding or insurance eligibility requirements. The City shall contribute to an employee's medical health plan, dental insurance plan, vision plan, disability insurance plan, life insurance plan and retirement plan for the first thirty (30) days of an employee's authorized leave of absence. During such leave, an employee shall remain responsible for contributing his cost for dependent coverage as applicable to medical and dental insurance coverage. An employee who receives approval for such leave that is greater than thirty (30) days, shall be subject to the Consolidated Omnibus Budget Reconciliation Act (COBRA) provisions for the continuation of coverage for medical, dental and vision insurance for himself and if applicable, for his dependent(s).

Employees on unpaid leave of absence do not accrue vacation or sick leave and are not eligible for any other paid leave.

Section 2. Bereavement Leave
Regular and probationary full-time employees may be granted a bereavement leave of absence by reason of death in the immediate family which shall be restricted and limited to father, mother, brother, sister, spouse, registered domestic partner, child, grandchild, grandmother, grandfather, mother-in-law, or father-in-law. Upon approval of said leave, the employee shall be allowed a maximum of five days of leave up to a maximum of 40 hoursfive (5) working days.

Employees shall receive eight (8) hours of pay for each day lost from work due to bereavement leave they are entitled to as set forth above.

Section 3. Military Leave of Absence
A. Military leave shall be granted in accordance with the provisions of state and federal law.

All employees entitled to military leave shall give the Chief of Police an opportunity within the limits of military regulations, to determine when such leave shall be taken. Whenever possible, the employee involved shall notify the Chief of Police of such leave request at least ten (10) working days in advance of the beginning date of such leave.

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During said period, the employee shall be required to pay to the City the same contribution amounts for dependent coverage as required of other employees in the same bargaining unit. After the first six (6) months of military leave, the employee may continue said health benefits at his cost and subject to the Uniformed Services Employment and Reemployment Rights Act for medical, dental and vision insurance continuation for himself and covered dependent(s).

Section 2. In such temporary assignments lasting thirty (30) consecutive calendar days or more, the employee shall be entitled to be compensated at a salary in the higher salary range that would be a salary increase of at least five percent (5%) over the salary received immediately prior to the temporary assignment. If the assignment is initially projected to last thirty (30) consecutive calendar days or more, the salary increase will take place on the first day of the assignment. Approval of the City Manager must be received prior to the commencement of the temporary assignment. The probationary or regular employee must be qualified for the higher-level classification following the guidelines of the classification specification as approved by the City Council, and must assume the full duties of the position.

Section 4. A temporary assignment shall not exceed 960 hours in a fiscal year.

ARTICLE XI - SICK LEAVE
Section 1. General Sick Leave Provisions
A. Sick leave shall be used for the diagnosis, care, or treatment of an existing health condition

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or preventative care for an employee or as authorized by the Personnel Officer under the provisions of the Federal Family Medical Leave Act, the California Family Rights Act, California Labor Code Section 233 (use of sick leave) or the Healthy Workplace, Healthy Family Act of 2014.

B. The employee may use up to 48 hours of sick leave per year for the following purposes:

Section 2. Eligibility
All employees covered by this Agreement shall be eligible to accrue sick leave.

Section 4. Accumulation and Payment Plan
A. Accrued sick leave may be accumulated without limit, except that payment of accumulated sick leave shall be granted on an annual basis to all regular employees who have a minimum of one hundred twenty (120) hours of accumulated sick leave on record on December 1st, and opt to receive payment, during the subsequent December on a date determined by Human Resources at a rate of fifty percent (50%) of current salary for one-half (1/2) of their annual unused sick leave.

B. Payment of accumulated sick leave shall be granted on an annual basis to all employees covered by this Memorandum of Understanding who have a minimum of two hundred forty (240) hours of accumulated sick leave on record on December 1st, and opt to receive payment, during the subsequent December on a date determined by Human Resources, at a rate of one hundred percent (100%) of current salary for one-half (1/2) of their annual unused sick leave.

C. Employees wishing to cash out sick leave as described in Section 4. (A) and (B) above, must notify submit an irrevocable election form to Human Resources in writing by December 15 for payment in the subsequent December’s special payroll. For example, if an employee submits a payout request for the maximum of 48 hours prior to December 15, 20230, payment will be issued in December 20241 (if eligible). The maximum number of hours eligible for payout in December 20241 will be based on the sick leave hours used in the 20231 payroll year and may be less than the maximum requested. The sick leave hours for which the employee receives payment shall be deducted from his sick leave balance. Employees who do not submit an irrevocable election form by December 15 will be deemed as foregoing participation in the optional annual leave cash-out program for that following year.

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E. Upon death, service retirement, non-service retirement, separation or termination of an employee covered by this Memorandum of Understanding, with a minimum of sixty (60) days or four hundred eighty (480) hours of sick leave accumulation, said employee (or the employee’s estate) is entitled to receive fifty percent (50%) compensation for that accumulated sick leave.

F. Upon death, service retirement, non-service retirement, separation of termination of an employee covered by this Agreement, with a minimum of five (5) years of service and with between two hundred forty (240) hours and four hundred eighty (480) hours of sick leave accumulation, said employee (or the employee’s estate) is entitled to shall receive payment for the difference between that amount of sick leave and two hundred forty (240) hours at fifty percent (50%) compensation.

G. Upon a service retirement from the City, an employee appointed to the Association prior to September 1, 2016, is entitled to one-hundred percent (100%) of accumulated sick leave hours paid at the employee’s base hourly rate on his last day of actual work, regardless of effective date of service retirement. An employee’s eligibility for such payment shall apply to employees who service retire, which is not surrounded by discipline, and has maintained an acceptable job performance record during his years of service with the City. Payment shall be made by the City when the City receives “Notice of Placement on Retirement Roll” from the retirement system confirming a service retirement.

GH. Upon a service retirement of any employee promoted from the Cypress Police Officers’ Association (CPOA) to the Police Management Association after September 1, 2016, said employee will be entitled to receive an additional payment of sick leave accumulation not to exceed fifty percent (50%) of said employee’s sick leave hours accumulated as listed on Exhibit D of the CPOA MOU (July 1, 2013 – June 30, 2016). Current Association members for which this provision applies and their respective hours are:

EMPLOYEE SICK LEAVE BALANCE AS
OF 9/30/2013
Maximum Sick Leave Hours Payable in
accordance with Article 13, Section 4E
Ausmus, Scott 715.50 357.75
Pinvidic, Dean 769.75 384.88
Timney, Matthew 1449.50 724.75
I. H. Unit members agree that upon separation, termination or retirement, 50% of the value of all sick leave hours eligible for cash out will be deposited into a Retiree Health Savings account.

J. In accordance with the payment plan set forth in Section 4 (E), (F), (G) and (H) above, upon separation, termination or retirement of an employee covered by this Agreement, said employee shall have the option of depositing their sick leave payment in a City deferred compensation program, instead of receiving payment in cash. All deposits made into the deferred compensation program shall be made in accordance with any and all regulations governing the deferred compensation program.

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C. The Chief of Police or the Personnel Officer may require medical certification that the employee is capable of and released to return to the performance of all the duties of his position.

1. The employee has used all of his accumulated sick leave.

2. The employee presents to the Chief of Police for referral to and consideration by the Personnel Officer, a written statement verifying the employee's need for extended sick leave and an estimate of the time needed for recovery signed by the employee's physician.

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Section 11. Continuation of Health Coverage During Temporary Disability For the duration of a temporary disability, the City shall continue to pay for the employee’s medical, dental, vision, retirement, and disability and life insurance coverage subject to insurance eligibility requirements. During said period of temporary disability, the employee shall be required to pay to the City the same contribution amounts for dependent coverage as required of other employees. City paid coverage shall continue for the first thirty (30) days and may be extended up to one (1) year subject to City Council approval. City Council may grant such approval in increments of ninety (90) calendar days.

Section 3. Changes. If, during the term of this Memorandum of Understanding, any change of insurance carrier or method of funding for any benefit provided hereunder occurs, the City shall notify the Association prior to any change of insurance carrier or method of funding the coverage.

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ARTICLE XIII - HEALTH, LIFE, DENTAL, DISABILITY AND VISION INSURANCE Section 1. Health Insurance Plan.

The following monthly City maximum contribution and employee minimum contribution benefit shall apply for the period July 1, 20231 through December 31, 20231:
*City *Employee
Status Maximum Minimum
Employee Only $15751425 $ 0
Employee + 1 $15751425 $ 5
Employee + Family $15751425 $10
The following monthly City maximum contribution and employee minimum contribution benefit shall apply for the period January 1, 20242 through December 31, 20242:
*City *Employee
Status Maximum Minimum
Employee Only $17001500 $ 0
Employee + 1 $17001500 $ 5
Employee + Family $17001500 $10
The following monthly City maximum contribution and employee minimum contribution benefit shall apply for the period January 1, 20253 through December 31June 30, 20253:
*City *Employee
Status Maximum Minimum
Employee Only $18001575 $ 0
Employee + 1 $18001575 $ 5
Employee + Family $18001575 $10
The following monthly City maximum contribution and employee minimum contribution benefit shall apply for the period January 1, 2026 through June 30, 2027:

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*City *Employee
Status Maximum Minimum
Employee Only $1850 $ 0
Employee + 1 $1850 $ 5
Employee + Family $1850 $10
*The City will only pay up to the maximum contribution (City Maximum) or the premium of the health plan selected by the employee, whichever is lower. The employee must pay either the cost of the premium not covered by the City Maximum or the minimum contribution (Employee Minimum) as stated above, whichever is higher. This payment inclusive of the City’s statutory minimum PEMHCA contribution.

PERS Health Plan Deletion: An employee cannot be enrolled in the PERS health plan if a spouse is enrolled in the same agency or enrolled in an agency with PERS health, unless the employee (or the spouse) is enrolled without being covered as a family member. Additionally, an employee may choose to not be enrolled in the PERS health plan. If an employee chooses to delete the health plan coverage, the City, after determining that a minimum amount of health coverage is provided to the employee (by their spouse or other coverage), the City shall pay a cash allowance of $400 per month to eligible employees. [The same concept is applied to Dental at $5 per month]. ].

To be eligible for this "deletion" payment, the employee must provide proof of alternate group coverage, as determined by the Personnel Officer, that comparable medical insurance is in full force and effect. In the event the employee loses eligibility (with documentation) then the employee may reenroll in the plan pursuant to the PERS health plan rules. In order to receive the deletion payment, the employee must annually certify that he/she has medical insurance coverage in a group plan (other than Covered California) that provides minimum essential coverage under the Affordable Care Act for the employee and all members of his/her tax family.

Section 3. Supplemental Health Care Benefit - Eligible Retirees (Hired Before July 1, 2009) A. Employees hired prior to 7/1/09 who retire from the City under a PERS service retirement, with at least ten (10) years of continuous service and elected to be grandfathered into this benefit (versus enrolling in the Retiree Health Savings Plan) may be eligible for supplemental health care benefits effective on the date of retirement. The employee's service retirement date must immediately follow the employment separation date for the employee to be eligible to receive the supplemental health care benefit.

B. The retiree may receive a payment for this benefit in the amount of $300/month after 10 years of continuous service. Effective January 2024, the benefit amount will increase to $350/month.

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E. The above City payment will terminate on the date that the retiree reaches age 65 or on the date that the retiree becomes eligible for Medicare, whichever comes first.

G If an employee elects to remain in the Supplemental Health Care Benefit Program described above, he is not eligible to participate in the Retiree Health Savings Plan described in Section 4 below.

Section 4. Retiree Health Savings Plan
A. Employees hired on or after 7/1/09 are required to participate in the Retiree Health Savings plan.

B. The City will contribute $185 per month for each employee participating in the Retiree Health Savings Plan.

Section 5. Dental Insurance Plan
A. The City shall pay one hundred percent (100%) of the employee’s premium to a dental insurance plan.

B. Payment for dependent coverage in the dental insurance plan shall be the responsibility of the employee.

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C. The City will pick up the cost of rate increases that occur within the Dental Plan for the duration of the current MOU contract, through 6/30/20273.

Section 6. Vision Plan. The City shall pay one hundred percent (100%) of the employee's and dependent's premium to a vision insurance plan.

A. The City will pick up the cost of rate increases that occur within the Vision Plan for the duration of the current MOU contract, through 6/30/20273.

Section 7. Life Insurance Plan. The City shall pay one hundred percent (100%) of the premium for a term life insurance policy for each eligible employee in the amount of $50,000.

A. The City will pick up the cost of rate increases that occur within the Life Insurance Plan for the duration of the current MOU contract, through 6/30/20273.

Section 8. Disability Insurance Plan
The City shall provide a short-term and long-term disability insurance plan for all employees covered by this Memorandum of Understanding. The City shall pay one hundred percent (100%) of the premium for the employee's short-term and long-term disability insurance plan. Modifications to the plan shall be made only after the City has met and consulted with the Association.

ARTICLE XIV – RETIREMENT
Section 1. The City shall continue to make contributions for eligible public safety personnel to the CalPERS plan known as three percent (3%) @at fifty (50) with the CalPERS retirement survivor continuance option (Section 21263 and 21263.1), 1959 Survivors Benefit (Level 4), and one-year highest compensation (Section 20024.2).

Section 3.

A. Employees hired prior to January 1, 2013, or employees hired after January 1, 2013 and are determined to be Classic CalPERS members, shall pay 12% the following towards their retirement benefits with CalPERS.

Effective July 9, 2021, employees will contribute an additional 1% of compensation earnable for a total contribution of 12%.

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2.7% @ 57.

ARTICLE XV - EMPLOYEE TRAINING AND EDUCATION PROGRAMS
Section 1. Tuition Reimbursement
A. Employees who meet the requirements of the plan and who secure at least a passing grade ("C"), shall receive up to one thousand and two hundred dollars ($1,200) per fiscal year reimbursement for the cost of tuition, mandatory fees and required textbooks to attend accredited colleges taking courses pursuant to the employees' training and education programs.

C. In the event that (1) an employee who has received reimbursement under the AMD tuition reimbursement program terminates their employment, and (2) the employee has received reimbursements under the AMD tuition reimbursement program in an amount greater than what the employee was entitled to receive (on a fiscal year basis) under the City’s standard tuition reimbursement plan as described in Section A. above commencing at the time the employee entered the AMD program and ending at the time of separation of employment, the employee will be required to reimburse the City for the difference. For the purpose of calculating any balance that may be due, the City’s standard tuition reimbursement plan as described in Section A. above will be allocated on a monthly basis ($100 per month). By way of example, assuming an employee receives a total of $4,800 in reimbursement payments from July 1, 20230 to June 30 20252, and the employee terminates in September of 20263, the employee would required to reimburse the City $900.

However, if the employee terminates after July 1, 20274, no reimbursement would be due to the City.

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Section 2. Education Requirement for Police Lieutenant
A. Employees appointed to the classification of Police Lieutenant who do not possess a Bachelor’s degree will be required to obtain a Bachelor’s degree from an accredited college or university within two academic years from the date of appointment (e.g, If appointed on July 1, 2020, must obtain a degree by the end of the Fall Quarter/Semester in 2022). Employees must be enrolled in a Bachelor’s program within 60 days of appointment and must submit proof of academic progress to the Human Resources Office on a quarterly/semester basis.

Merit increases shall be withheld should the employee fail to provide proof of sufficient progress towards attaining their degree during this period. As with any college-level education program, coursework must be completed on personal time and not during work hours.

B. Outside of extenuating circumstances, approved by both the Chief of Police and Personnel Officer, failure to obtain a Bachelor’s degree within the specific timeframe will result in demotion to Police Sergeant. The employee’s rate of pay will be adjusted to the highest step in the Police Sergeant range should demotion occur.

ARTICLE XVI - SAFETY AND HEALTH
Section 1. The City and the employees of the City agree to comply with all applicable Federal and State laws which relate to health and safety.

ARTICLE XVII - LAYOFF PROCEDURES
Section 1. Policy
A. Whenever there shall be need for layoff, employees within the class(es) of position(s) involved shall be separated by layoff in the following order: emergency, provisional, temporary, probationary, regular. The order of layoff of regular employees shall be based upon recommendation of the department head. The department head shall take into consideration such things as tenure and job performance. Regular employees, subsequently laid off, shall be given ten (10) working days' notice, and written notice of the reasons for such action. Regular employees in good standing (those deemed to have produced satisfactory service) shall be placed on appropriate employment lists and will have precedence for employment over persons whose names appear on employment lists for the same class of position.

ARTICLE XVIII - REINSTATEMENT
Section 1. Policy.

A. Regular employees who have been laid off shall be entitled to reinstatement to positions in

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the same class where such positions are to be refilled during the period of their eligibility on the layoff employment list. Any employees so reinstated shall retain all benefits accrued in prior service with the City. During such layoff, no benefits shall accrue and the anniversary date shall be adjusted, if such layoff times exceeds thirty (30) consecutive days.

B. Any regular employee who has resigned from the City's service in good standing may, upon written request and approval of the Chief of Police and the Personnel Officer, be considered for reinstatement to a position in the same or similar class in the classified service within two (2) years of such termination. Such reinstatement shall be made without benefit of additional examination and may take precedence over employment lists, but in no way shall it be mandatory for the Chief of Police to reappoint a former employee should he desire not to do so. Appointment shall otherwise be made in the manner as for original employment.

C. Promotion shall be accomplished insofar as practicable and consistent with the best interests of the service.

1. An employee whose ability to perform his required duties falls below acceptable standards.

2. For disciplinary reasons set forth in Chapter 11.03 of the Personnel Rules and Regulations of the City of Cypress.

3. When the need for a position which an employee fills no longer exists.

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4. When an employee requests such demotion and has the consent of the prospective supervising official.

5. For any other reasonable grounds as approved by the Personnel Officer.

B. No employee shall be demoted to a classification for which he does not possess the minimum qualifications. Written notice shall be given an employee at least ten (10) working days before the effective date of the demotion and complete information regarding such change shall be reported to the Personnel Officer.

B. The City agrees that it shall not lock out its employees during the term of this Agreement.

C. Any employee who participates in any conduct prohibited in Section A above may be subject to termination by the City.

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Vehicle Code § 465, owned by the state.

Section 2. Employees shall not smoke or use tobacco products at any time in any City vehicle.

Section 3. Employees shall not smoke or use tobacco products at any time in public view on any City property.

Section 4. Employees hired after July 1, 2000, must refrain from smoking tobacco or using any other tobacco substances at any time on or off duty as a condition of continued employment.

Violation of this condition of employment shall be deemed good cause for discipline, up to and including dismissal.

Section 5. Violation of this Article may result in appropriate disciplinary action.

This Memorandum of Understanding is not intended to conflict with Federal or State law.

ARTICLE XXIII - WAIVER OF BARGAINING DURING TERM OF THIS MEMORANDUM OF

ARTICLE XXIV - CITY RIGHTS

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Section 1. The City reserves, retains and is vested with, solely and exclusively, all rights of management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights:

A. To manage the City generally and to determine the issues of policy.

B. To determine the existence or non-existence of facts which are the basis of the management decision.

C. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish service.

D. To determine the nature, manner, means, and technology and extent of services to be provided to the public.

E. Methods of financing.

F. Types of equipment or technology to be used.

G. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted.

I. 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.

J. To relieve employees from duties for lack of work or similar non-disciplinary reasons.

K. To establish and modify productivity and performance programs and standards.

L. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in departmental disciplinary procedures.

M. To determine job classification and to reclassify employees.

N. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the Memorandum of Understanding.

O. To determine policies, procedures and the standards for selection, training and promotion of employees.

P. To establish employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith.

Q. To maintain order and efficiency in its facilities and operations.

R. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement.

S. To take any and all necessary action to carry out the mission of the City in emergencies.

ARTICLE XXV - EMERGENCY WAIVER PROVISION
Section 1. In the event of circumstances beyond the control of the City, such as acts of God,

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fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this Memorandum of Understanding or the Personnel Rules and Regulations of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is over, the Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of these provisions in the Memorandum of Understanding and any Personnel Rules and Regulations.

ARTICLE XXVII - TERM OF MEMORANDUM OF UNDERSTANDING
Section 1. Except as otherwise stated in this agreement, the term of this Memorandum of Understanding shall commence on July 1, 20231 and shall continue in full force and effect until June 30, 20273.

CITY OF CYPRESS CYPRESS POLICE MANAGEMENT

ASSOCIATION
By:_____________________Date:_________ By:_____________________Date:__________ Matt Burton, Director of Finance and Administrative Services Christopher Revere, Association Member By:_____________________Date:_________ By:_____________________Date:__________ Regina Nguyen, Human Resources Manager Scott Ausmus, Association Member By:_____________________Date:__________
Dean Pinvidic, Association Member
By:_____________________Date:__________
Matthew Timney, Association Member

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EXHIBIT "A"
Cypress Police Management Association
Effective July 7, 2023
CLASS TITLE SALARY RANGES (Per Month)

Police Captain $14,762 - $17,721
Police Lieutenant $13,359 - $16,034

Cypress Police Management Association
Effective July 5, 2024
CLASS TITLE SALARY RANGES (Per Month)

Police Captain $15,426 - $18,518
Police Lieutenant $13,960 - $16,756

Cypress Police Management Association
Effective July 4, 2025
CLASS TITLE SALARY RANGES (Per Month)

Police Captain $16,120 - $19,351
Police Lieutenant $14,588 - $17,510

Effective July 3, 2026, a minimum 2% to a maximum 3% based upon the CPI-U for Los AngelesLong Beach-Anaheim for the 12-month period ending May 2026.

CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 12.

FROM: Mark Lauderback, Chief of Police
DATE: 08/28/2023
SUBJECT: Receive an Update on the Police Department Strategic Plan

RECOMMENDATION
Receive an update on the Police Department Strategic Plan.

DISCUSSION
The Police department held a Strategic Planning workshop in April 2022 and identified and established goals and strategies for 2022 - 2025. The plan was presented to the City Council in July 2022 with the following goals:

Create a Succession Plan
Enhance Workplace Procedures to Improve Teamwork, Trust, and Transparency Enhance the Department Technology Plan
Improve Internal and External Communication.

The Police Chief will provide an update on the status of the Strategic Plan.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 13.

FROM: Alisha Farnell, City Clerk
DATE: 08/28/2023
SUBJECT: Designate Voting Delegate for the 2023 League of California Cities Annual Conference

RECOMMENDATION
Designate a voting delegate and up to two alternates for the 2023 League of California Cities Annual Conference.

DISCUSSION
The League of California Cities (Cal Cities) will hold its 2023 Annual Conference and Expo on September 20-22 in Sacramento. Cal Cities considers and takes action on resolutions establishing policy at the conference and requests City Councils designate a voting delegate and up to two alternates.

Mayor Mallari and Mayor Pro Tem Minkikus currently serve as the League of California Cities General Assembly delegate and alternate, respectively. However, only Council Members Burke and Marquez are currently registered to attend the 2023 Annual Conference at which voting will occur. It is recommended that the City Council designate a voting delegate and up to two alternates from the Council Members planning to attend the conference.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager

Cypress City CouncilAugust 28, 2023

Cypress City Council
August 28, 2023