09/09/2025 Item No.11.
The City shall also provide an initial report of contact information for all contributing Employees to the Trust Office, in a format reasonably requested by the Trust, and shall send updates to this information to the Trust Office whenever the City has notice of changes to the information.
The Trust Office will provide a secure data transfer platform or process for transmission of this employee information to the Trust Office.
G. Modification of Employee Contributions. The City and the SAFF, Local 522 agree that the SAFF, Local 522 has the right, subject to approval of its members according to the SAFF, Local 522’s internal rules, to prospectively modify the amount of the mandatory employee monthly contribution (Section C), or to include the mandatory transfer of employee leave for which the Employee is eligible to receive monetary compensation during the course of this Agreement, as long as the modification is mandatory for all employees in the Defined Class.
H. Indemnification. The SAFF, Local 522 agrees to indemnify and hold the City harmless from any liabilities of any nature which may arise as a result of the operations of the Trust, except for the obligation of the City to make and report on the non -elective transfer of contributions as described in this Section.
ARTICLE X
ALLOWANCES AND REIMBURSEMENTS
1. Uniform Allowance
A. Effective the first full pay period starting July 2023, t The City agrees to pay employees the sum of one thousand two hundred fifty dollars ($1,250.00) per year for the purchase of approved on duty uniforms and attire. All uniforms purchased shall comply with the most current regulations and specifications as identified in the Standard Operating Procedures (SOP).
1) Payment of the annual uniform allowance shall be made on or about July
20. Employees with less than six (6) months service by July 1 of a given year shall not be granted a uniform allowance.
2) On initial employment, the City agrees to purchase new employees all uniform components noted below:
• Two (2) class B shirts – Workrite, navy blue Nomex@ (short sleeve) • One (1) class B long sleeve shirt – Workrite, navy blue Nomex@ Formatted: Font: Times New Roman, Underline
Formatted: List Paragraph, Indent: Left: 0"
Formatted: None
09/09/2025 Item No.11.
• One (1) tie and tie clip
• Three (3) class B pants – Workrite, nave blue Nomex@
• One (1) pair O.S.H.A. approved safety boots, 8” high lace type, zipper optional, with toe protection and sole penetration protection. • One (1) class B jacket – 511 Chameleon brand dark navy jacket with name tape
• One (1) belt-black, basket weave, 1 ¾" width, chrome buckle, open slot chambers style
• Six (6) class C tee shirts – 100% cotton, navy blue, crew neck • Two (2) pair shorts – l00% cotton, navy blue
• One (1) baseball cap
2. Uniforms - Class A
The City will continue to provide a Class "A" uniform for all full-time personnel after their probation period has ended. This will include one (1) dress jacket, one (1) dress pant, one (1) tie , one long sleeve white shirt, one (1) dress shoes, and one (1) uniform cap as identified in the most current Fire Department Standard Operating Procedures.
3. Mileage Reimbursement
Employees shall be reimbursed for the use of their personal vehicle, at the IRS approved rate, for all miles driven at the direction of the City.
4. Tuition/Books Reimbursement
Employees who attend job related classes/training provided by either recognized college or Fire Certification (State Fire Marshal) programs that are approved by the department shall be entitled to reimbursement of costs for books tuition, and lodging (pursuant to the City’s lodging reimbursement schedule) and tuition up to two thousand five hundred dollars ($2,500) per fiscal year with a maximum reimbursement window of up to two (2) years per class, after the date of completion of the designated class(es) . one thousand five hundred dollars ($ 1,500.00) per fiscal year. The Fire Chief may authorize additional employee reimbursement costs above this limit, when requested by the employee, should said request not exceed the budgeted amount of the department for this program.
A request for reimbursement must be submitted in writing and approved in writing.
Approval shall be given in writing by the department Training Officer prior to the beginning of the class/training program. The City shall implement a procedure that allows for payment of an authorized class up front when requested by the employee.
An employee may repeat a job -related course to maintain or upgrade his/her knowledge, skills and abilities.
09/09/2025 Item No.11.
Attendance in job related classes/training programs will be non-mandatory and will not include overtime payment or reimbursement for costs of transportation, meals, or other incidental expenditures, unless otherwise specified prior to the course and approved by the department.
Employees who fail to attend or satisfactorily complete a job-related class/training program shall reimburse the department for all costs incurred by the City. The City shall deduct the total amount of monies spent by the department from the employee’s pay check over the next four (4) pay periods.
A. Eligibility
When an employee attends a recognized college or university for job related training, such institutions of higher learning shall be accredited by one or more of the United States regional accrediting bodies.
5. Compensation for Training
Training for programs authorized or required by the City shall be financed by the City except as otherwise specified by the City Manager or department head prior to the participation in such training. Such compensation is separate and distinct from the compensation offered for the position and classification involved in training. Subject to approval by the department head or City Manager, employees may be authorized to attend training programs during regular working hours. When the needs of the City serv ice so require, the department head may direct any employee to attend a meeting or conference as part of the vocational training required for the position. In such case, attendance may be mandatory and reasonable compensation for meals, lodging, travel and associated expenses shall be allowed. Travel to and from such training shall be provided by the City or at City expense, however, no overtime will be paid for the time required to travel to and from such meetings, nor the conference or training attendan ce hours beyond normal working hours.
6. Replacement of Damaged Personal Property
When an employee damages his/her personal property during the normal performance of his/her duties, the employee may submit a claim for reimbursement with the City. The City shall investigate such claims and may reimburse the employee for all or part of the damaged personal property. The City shall respond to the employee within thirty (30) days after submission of the claim. The final decision to reimburse an employee for damaged personal property shall rest with the City.
Leather structure helmets and leather structure boots approved for use by the City of Folsom Fire Department and purchased by members of the bargaining unit will not be covered by this provision.
09/09/2025 Item No.11.
7. SCBA Optics Reimbursement
Optical wear (lenses) suitable for insertion into SCBA mask are reimbursable by the City.
Employees should use the claim reimbursement form and submit it within thirty (30) days using the chain of command.
ARTICLE XI
EMPLOYEE DISCIPLINE
1. Employee Discipline
A. Policy:
It is the policy of the City that discipline of City employees is imposed on an appropriate and consistent basis. When an employee engages in misconduct or when job performance is unsatisfactory in the judgment of the City, disciplinary action may be initiated. This article modifies disciplinary procedures identified in City Personnel Rules and shall be in accordance with California Government Code Sections 3250 through 3262, Firefighters Procedural Bill of Rights Act (FBOR).
B. Definitions:
As used herein, "disciplinary action" means written reprimand, suspension without pay, reduction in salary, demotion, dismissal or transfer for purposes of punishment.
As used herein, “corrective action” means counseling memorandum, letter of instruction or similar action shall not be considered disciplinary action.
C. Persons Authorized to Initiate Disciplinary Action:
Discipline may be initiated by those authorized in the City Personnel Rules.
D. Employment Status and Application of Appeal Procedure:
1) Permanent Status: This article shall only apply to employees with permanent status with the City.
2) Probationary Status: An employee in probationary status shall have no right to grieve, arbitrate or appeal release from probationary appointment.
3) Temporary Employee: An employee in a temporary position shall have no Formatted: None
09/09/2025 Item No.11.
right to grieve, arbitrate or appeal release from temporary appointment.
4) Temporary Upgrade (Out of Class): An employee in a temporary upgrade status shall have no right to grieve, arbitrate or appeal release from temporary upgrade status.
E. Cause for Disciplinary Action:
1) Discipline shall be for cause. Examples of conduct or performance deficiencies that may warrant discipline include, but are not limited to (more examples can be found in the City Personnel Rules):
a. Misstatement of facts during the hiring process
b. Falsification of an entry on a City document (e.g., time card, expense report)
c. Disclosure of confidential information
d. Insubordination or willful disobedience
e. Incompetence, inefficiency or unsatisfactory job performance f. Discriminatory, discourteous, or unbecoming behavior g. Theft, misuse or unauthorized use or possession of City property h. Dishonesty
i. Misconduct, i.e., any behavior that brings harm or discredit to the City
j. Being under the influence of illegal drugs, alcohol, or possessing illegal drugs while on City property or on official business. This subsection shall not apply to an off duty individual engaged in otherwise legal activities at a City facility (park, walkway, or similar City owned facility)
k. Conviction of a felony or misdemeanor that involves moral turpitude, or any other conviction or pleas of nolo contendere (no contest) or diversion for such offense, which adversely affects, or brings discredit to, the City
l. Excessive absence or tardiness
m. Absence without approved leave
n. Violation of a City rule, policy, or procedure
o. Soliciting outside work for personal gain during the conduct of City business; engaging in outside employment for any business under contract by the City; participating in any outside employment that adversely affects the employee's City work performance; and
09/09/2025 Item No.11.
engaging in unauthorized outside employment
p. Loss or failure to maintain any license, certification, and/or clearance which is required as a minimum qualification or condition of employment for the employee's position.
F. Investigation and Interrogation Rights:
Firefighters, Engineers, or Captains under investigation or subject to interrogation shall be afforded the following rights:
1) Interrogation must occur at a reasonable hour on duty and if conducted off- duty, the employee must be compensated for that time in accordance with adopted City policy and cannot be punished for missing work due to the interrogation;
2) Prior notification of name, rank and command of the person in charge of the interrogation and the nature of the investigation must be given;
3) Interrogation must be for a reasonable time period with reasonable breaks to attend to any physical needs and must be void of offensive language or threats of punitive action or promise of reward in exchange for information;
4) Statements made under duress , coercion, or threat of punitive action are prohibited from being admissible in a subsequent judicial proceeding, subject to certain exceptions under Government Code Section 3253(f);
5) Interrogations may be recorded and the firefighter or EMT-P must be provided access to the recording, if any further proceedings are contemplated or prior to any further interrogation at a subsequent time. The employee is entitled to a transcribed copy of the notes made by a stenographer or any reports or complaints made, except those required by law to be kept confidential. Confidential notes cannot be entered into the firefighter’s personnel file;
6) The employee shall be informed of his/her constitutional rights if it becomes apparent that he/she may be charged with a criminal offense;
7) Upon the filing of a formal written statement or charges, or whenever an interrogation focuses on matters that may result in punitive action against any employee, that employee has the right, at his or her request, to have a representative of his or her choice present during the interro gation at all times, except that the representative shall not be a person subject to the same investigation.
09/09/2025 Item No.11.
G. Corrective Action:
1) If the City decides to administer corrective action, all Letters of Instruction it shall include a Behavior Modification Plan with actions and timelines designed to assist the employee in meeting the intent of the City’s Rules and Regulations, Fire Department Policies and Procedures, as well as the provisions contained within this MOU.
1)
2) Any action described in this subsection shall not be placed in the City’s employee's personnel file.
3)2) A corrective action may not be appealed beyond the Fire Chief,
H. Preliminary Notice of Disciplinary Action:
1) If the City decides intends to impose discipline, the Fire Department employee shall be notified in writing the decision to impose discipline within thirty (30) calendar days of its preliminary decision., but not less than forty-eight (48) hours prior to imposing the discipline. 1)
2) A copy of the preliminary notice of disciplinary action shall be served upon the employee either personally, by email, or by first class mail and certified mail, return receipt requested, to the last known address of the employee.
The last known address shall be deemed to be the address that is within the employee's official personnel file. If notice is provided by mail only, the employee should be deemed to have received notice fifteenfive (15) calendar days after the date of mailing.
3) The Preliminary Notice shall include:
a. A statement of the nature of the disciplinary action; a.
b. The effective date of the disciplinary action;
c.b. A statement of the reasons for the disciplinary action citing the item(s) under Section E of this Article, department orders, or the Personnel Rules, which have been violated;
d.c. Any supporting material or documentation;
e.d. A statement advising the employee of the right to appeal the action, the manner and time of which the appeal must be made, and the required content of the appeal; and
f.e. The name and address of the person to whom all written Formatted: Indent: Left: 1", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.75" + Tab after: 1" + Indent at: 1", Widow/Orphan control, Tab stops: 1.5", List tab + Not at 1"
Formatted: Indent: Left: 1", First line: 0"
Formatted: Indent: Left: 1", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.75" + Tab after: 1" + Indent at: 1", Widow/Orphan control, Tab stops: 1.5", List tab + Not at 1"
Formatted: Indent: Left: 1.5", Hanging: 0.5", Numbered + Level: 2 + Numbering Style: a, b, c, … + Start at: 1 +
Alignment: Left + Aligned at: 1.25" + Indent at: 1.5"
09/09/2025 Item No.11.
communication regarding this appeal shall be sent.
I. Skelly Meeting:
1) An employee who is subject to disciplinary action shall have the right, within fifteen seven (715) calendar days after receiving a Proposed Preliminary Notice of Disciplinary Action to request a Skelly Meeting by filing a written request for a meeting signed by the employee or the employee's representative with the employee's consent with the City Human Resources Director.
2) Failure to respond or inaction within the specified time will result in the waiver of the right to a Skelly meeting and the proposed discipline becoming final.
3) Upon a written request for a Skelly meeting, the City shall appoint a "Skelly Officer". The Skelly Officer will meet with the employee, listen to arguments and receive documents presented by the employee. Within a reasonable time and in writing, tThe Skelly Officer shall respond prepare a written response within a reasonable time and provide it to Human Resources. to the employee and the employee's representative, if applicable.
The Skelly Officer may dismiss, modify, or sustain the proposed discipline.
4) If the proposed discipline is sustained or modified by the Skelly Officer, the disciplinary action shall be implemented. A Final Notice of Disciplinary Action shall be served in the same manner as the Preliminary Notice of Disciplinary Action and shall include the Skelly Officer’s findings.
Employees may not appeal a Written Reprimand beyond a Skelly hearing.
J. Arbitration Hearing Process:
1) Within fifteen (15) calendar days after receipt of the Final Notice of Disciplinary Action, disciplinary actions may be appealed to arbitration the employee may appeal to arbitration. Notice of the appeal must be filed with the Human Resources Director. If the employee fails to file a notice of appeal within this time period, the disciplinary action shall become final and there shall be no further appeal.
2) Appeals of disciplinary actions to arbitration shall be pursuant to Government Code Section 3254.5.
3) AnThe appeal of a disciplinary action is a complaint of a permanent employee ofwill determine whether there wasis cause for the disciplinary action taken against the employee.
09/09/2025 Item No.11.
4) The parties to the disciplin eary appeal hearing and to the selection of the shall mutually select an arbitrator. The parties to the disciplinary appeal shall be: the City and the employee., who The employee may be represented by the SAFF Local 522, self -represented, or independent counsel., and the City.
5) The employee shall be entitled to appear personally at the hearing and produce evidence.
6) The fees and expenses of the arbitrator, a court reporter and transcript if required by the arbitrator, shall be shared equally by the parties. For employees not represented by SAFF Local 522, the City shall pay the full cost of the arbitrator and a court reporter and transcript if required by the arbitrator.
7) The decision of the arbitrator shall be final and binding on the parties. No appeal or review of the arbitrator's decision by Writ or other mechanism before any court, administrative tribunal or any other forum on any legal theory or basis shall be possible.
2. Performance Evaluations
A. Performance evaluations which result in the denial of an employee's step increase may be grieved up to and including binding arbitration in accordance with Article XII, Grievance Procedure.
B. The City agrees to meet with the SAFF, Local 522 in order to review and propose changes to existing employee evaluation system.
3. Personnel Files
The City and the SAFF, Local 522 agree that there is only one official personnel file for each employee. The employee's official personnel file is private and confidential, subject only to review by the employee, the employee's representative with written authorization, or authorized City representatives.
The City shall allow every employee the opportunity to review their personnel file at any reasonable time upon request, and to obtain a copy of any needed document in the file. The official personnel file shall remain under the control of the City and shal l be the only personnel file admissible as evidence in any disciplinary matter. There shall be no documents placed in the official personnel file without the employee's knowledge. If, upon examination of the personnel file, the employee discovers any docum ents placed there without the employee's knowledge, the City shall, upon written request of the employee, investigate the allegation and remove any such document placed there in violation of this Section.
09/09/2025 Item No.11.
The City and the SAFF, Local 522 recognize the Department’s use of a “rotating employee file” (REF) for the preceding twelve ( 12) months, for the purposes of employee performance evaluations, and that the file may be included with the City’s official personnel file and incorporated into the employee performance review process and/or other related employee matters.
4. Purging Personnel Files
Counseling memorandums are not disciplinary and shall not be placed in the employee's personnel file. Employees shall be offered the opportunity to sign and be provided with a copy of any disciplinary written material before it is placed in the employee's personnel file. The employee shall be given an opportunity during regularly scheduled working hours to prepare a written response to such materials. The written response must be submitted within fifteen (15) days of the notice to place the disciplinary do cuments in the personnel file.
If the employee was not allowed the opportunity to sign the documents prior to placement within the personnel file, the employee shall have the right at any time to attach a written response to the material. Any person who places any written material in an employee's file shall sign and date the material , signifying when it was placed in the employee's file and by whom.
Disciplinary actions and corrective action shall be purged (at the request of the employee) from the employee's personnel file following the schedule below in accordance with the City's records retention policy:
Written reprimands: Eighteen (18) months
Other disciplinary actions (i.e., suspensions, reductions in pay, and demotions:
Five (5) years
ARTICLE XII
GRIEVANCE PROCEDURE
1. Grievance Procedure
A. Definition. The term "Grievance" as used in this Agreement is limited to a complaint or request of an employee, group of employees, or the SAFF, Local 522 which involves the interpretation or application of, or compliance with the provisions of this Agreement, City Rules or Regulations, or directives of the Fire Department including, but not limited to, the imposition of discipline.
Formatted: None
Formatted: None
09/09/2025 Item No.11.
B. Time Limits. Grievances not presented within the time limits established for each step of this procedure shall not be considered. Should the City fail to answer within the established time limits, the grievance may be processed to the next level and the failure to answer shall be given the appropriate weight by the arbitrator.
When days are used in this article for the purpose of establishing time limits, those limits will be presumed to have been met when the appropriate forms are either personally delivered to the affected party or deposited in the U.S. mail, as evidenced by the appropriate postmark.
Time limits may be waived by mutual agreement between the parties. As referred to in this article, all "days" are "calendar days."
C. Presentation. An employee and/or a SAFF, Local 522 representative may present a grievance while on duty, provided such presentations and discussions do not disrupt City operations and are kept to a reasonable minimum.
D. Procedure. All grievances as defined herein shall be processed in accordance with this procedure. All grievances, beginning at Step 2 shall be filed on forms provided by the City for that purpose. The SAFF, Local 522 may refuse to represent a grievant and the City may refuse to consider a grievance in those circumstances where the aggrieved party has not followed this procedure.
1) STEP 1. Within fifteen (15) days of the act(s) and/or omission(s) giving rise to the grievance or within fifteen (15) days of the time the employee of the SAFF, Local 522 should reasonably have been aware of said act(s) and/or omission(s), the grievance shall be discussed informally with the person or persons most directly responsible for the circumstances which gave rise to the grievance. If the grievance is not resolved within fifteen (15) days of the date on which it is first presented at Step 1, the g rievant may proceed to Step 2.
2) STEP 2. Within fifteen (15) days of receipt of the Step 1 answer, or if no answer is given, within thirty (30) days of the Step 1 meeting, the grievant, if still dissatisfied, shall file with the Fire Chief, a formal written grievance.
Within fifteen (15) days of the receipt of the formal grievance the Fire Chief or designee shall meet with the grievant to discuss the matter. The Fire Chief or designee shall respond to the grievant, in writing, within fifteen (15) days of the Step 2 meeting. The Step 2 response shall include the position of the Fire Department and the reasons therefore, as related to the grievance.
3) STEP 3. Within fifteen (15) days of the Step 2 response or, if no Step 2 response is received, within thirty (30) days of the Step 2 meeting, the grievance may be presented in writing to the City's Employee Relations
09/09/2025 Item No.11.
Officer. The Employee Relations Officer shall conduct such investigation as is deemed appropriate and shall issue a written determination within thirty (30) days of the date on which the grievance is first presented at Step
3. If the Employee Relations Of ficer fails to issue a written determination within the prescribed period of time or if the determination is not satisfactory to the grievant, the grievant may request that the matter be submitted to binding arbitration. Matters of grievance which are not disciplinary in nature shall only be submitted to Step 4 by the SAFF, Local 522. Employees may, if they so desire, individually submit matters of discipline to arbitration subject to the employee paying one half the costs as defined in Step 4.
4) STEP 4. A request for binding arbitration shall be made in writing to the Employee Relations Officer within fifteen (15) days of the date which the grievant received a copy of the written determination of Step 3, or in the event that no Step 3 answer is r eceived, within forty-five (45) days of the date of the Step 3 meeting.
An arbitrator may be selected by mutual agreement between the parties. However, should the parties fail to voluntarily agree upon an arbitrator, the parties shall make a joint request to the American Arbitration Association or the Mediation and Conciliation Service of the State of California. The parties shall request a list of five (5) qualified arbitrators. Each party shall alternately strike one name from the list and the last remaining name shall serve as arbitrator. The first party to strike a name shall be determined by the toss of a coin.
The arbitrator's decision shall be final and binding on the City, SAFF, Local 522, and the grievant. The arbitrator shall have no authority to add to or delete from the terms of this Agreement, City rules or regulations, or directives of the Fire Department. All fees and costs of the arbitrator and court reporter, if any, sha ll be borne equally by the parties. In matters of discipline which have not been submitted to arbitration by the SAFF, Local 522, all costs will be split between the parties to the arbitration and shall not include the SAFF, Local 522.
ARTICLE XIII
MISCELLANEOUS
1. Fitness for Duty
The City may require an employee to submit to a medical examination by a physician, designated by the City, to evaluate the capacity of the employee to perform the work of the employee's position. The decision to require an employee to submit to such medi cal examination shall be based upon reasonable cause to believe, by the employee's department Formatted: Normal
09/09/2025 Item No.11.
head, or designee, that the employee is unable to perform the work of the employee's position. The examination cost shall be paid by the City.
The physician shall make a written report to the City and the employee. Information provided by the City's physician shall be kept confidential by the City and shall contain no medical report except to note whether the employee is fit to work. After consid eration of the report and other pertinent information, if the City concludes that the employee is unable to perform the work of their present position, the City may demote or transfer an employee to an appropriate position, including one of less than full time. If it is concluded that the employee is unable to perform the duties of his/her position and the employee cannot be demoted or transferred to another position, the employee's employment may be terminated.
An employee who is terminated because of medical inability to perform the duties of their position shall be placed on paid administrative leave until the date of separation.
An employee evaluated pursuant to this section, who is in disagreement with the findings of the City's physician may elect, at the employee's cost, to have an examination by a physician of the employee's choosing. If the employee's physician finds the empl oyee fit to perform their job duties the employee shall have the right to submit the matter to binding arbitration in accordance with Article XII, Grievance Procedure, of this Agreement.
This section shall not supersede any rights and/or remedies the parties may have pursuant to the California Workers Compensation system and Labor Code.
2. Fitness Evaluation (Wellness)
The City and the SAFF, Local 522 agree to work cooperatively during the term of this MOU to implement and maintain a long-term Wellness-Fitness Program for all uniformed personnel. The Wellness-Fitness Program shall be generally consistent with the guidelines recommended by the third edition of the Fire Service Joint Labor-Management Wellness- Fitness Initiative, and as approved by the Fire Chief.
The City and the SAFF, Local 522 agree to support a comprehensive, mandatory annual medical examination for all uniformed employees represented by the SAFF, Local 522, as a component of the Wellness-Fitness Program. The medical examination shall be generally consistent with the guidelines recommended by the third edition of the Fire Service Joint Labor-Management Wellness-Fitness Initiative, and as approved by the Fire Chief.
All members may participate in the annual personal fitness evaluations. After the annual personal fitness evaluations, any member that successfully completes the Folsom Fire Physical Ability Test (entry level combat challenge) in the time from the table below, shall receive a one -time payment of $750 per calendar year as a fitness incentive. Program, testing procedures and grading will be established by the City with no appeal.
Age Range Time Limit
30 yrs. and Under 2 minutes and 45 seconds (2:45)
09/09/2025 Item No.11.
31 yrs. – 40 yrs. 3 minutes and 15 seconds (3:15)
41 yrs. – 50 yrs. 3 minutes and 45 seconds (3:45)
Over 50 yrs. 4 minutes and 15 seconds (4:15)
3. Modified Duty Assignments
The City and the SAFF, Local 522 agree to jointly develop and implement a modified duty assignment program for the department. The intent of this program is to develop policies and procedures to be used by the department that would identify the appropriate temporary assignment for employees who are injured or ill that limit their ability to serve in their normal assignment. Changes shall be subject to Article I, Section 4 , Meeting and Conferring During the Term of the MOU, of this MOU.
4. Fire Job Classification
A. The City recognizes that the SAFF, Local 522 has a vital interest in the content of the fire job specifications, including minimum qualifications and promotional patterns, for classifications represented by the SAFF, Local 522.
B. The City and the SAFF, Local 522 agree that changes to job specifications, minimum qualifications, promotional testing processes, scheduling and similar areas of concern related to classifications represented by the SAFF, Local 522 shall be subject to meet and confer and that all changes recommended by that group shall be subject to Article I, Section 4, Meeting and Conferring During the Term of the MOU, of this MOU.
C. The City agrees to notify the SAFF, Local 522 anytime the City proposes to recruit and examine for, or to modify, fire job classifications represented the SAFF, Local 522. The City agrees to meet and confer with the SAFF, Local 522 over such proposed changes if the SAFF, Local 522 so requests.
D. On its own initiative, the SAFF, Local 522 may at any time notify the City Human Resources Director that the SAFF, Local 522 requests to meet and confer with the City over the SAFF, Local 522 proposed modifications to the recruitment and examination procedure, and/or job specifications for fire classifications represented by the SAFF, Local 522 . The City shall schedule a meet and confer session in response to such request.
E. Nothing in this provision shall be construed as to require the City to divulge information or change procedures that in any way would compromise the integrity of the City's merit system.
5. Promotional Test Scheduling
Formatted: None
09/09/2025 Item No.11.
A. The eligibility list generated from a promotional examination will have a two-year life unless it is reduced to three or fewer eligible candidates; at which time the City may give an examination and create a new list, or the Fire Chief shall have the option of promoting from the list. At the end of the two years, a new examination shall be required, and the current list shall expire. If a new list is not generated prior to the expiration, the Fire Chief may extend the list by no more than six (6) months until a new examination is administered.
B. Temporary appointments and short-term vacancy assignments (acting time) may be made from the current eligibility list, or most -recent eligibility list if a current eligibility list does not exist.
6. Paycheck Distribution
The City agrees to submit paychecks to employees in the Fire Department no later than 0830 hours each payday, for the off-going shift.
If it becomes feasible during the term of this MOU, this provision will be applied to all employees.
The parties recognize that patience and tolerance will be exercised in the execution of this provision. Any discrepancies will be rectified within a reasonable period of time.
Reasonable period of time is defined to mean two (2) normal working days.
7. Labor/Management Team
A. The City and the SAFF, Local 522 agree to establish a joint labor - management team to meet and confer on matters raised by either party.
B. The Labor-Management team will determine the frequency of meetings and the number of representatives in attendance from the bargaining group.
8. Department Bulletins
Department Bulletins will be given an expiration date at the time they are published.
9. Program Coordinator/Technician
The Program Coordinator/Technician plan used by the Department shall be voluntary in nature and shall not require participation by employees. Employees who volunteer, except as noted in Subsection 10 of this article, shall not be negatively affected in th eir annual evaluation for performance as a Program Manager. The employee may be removed from the program if the City sees fit either due to lack of need for the program or other reason as set forth by the City.
09/09/2025 Item No.11.
10. Program Incentive Pay
A. Employees designated by the Fire Chief to perform Program Coordinator tasks associated with one of the following program areas shall receive a two hundred dollars ($200) per month incentive pay allowance:
1) PPE Program Coordinator (1 Person Total)
2) SCBA Program Coordinator (1 Person Total)
3) Pre-Plan Program Coordinator (1 Person Total)
4) Volunteer Services (CERT) Program Coordinator (1 Person Total) 5) CAD Program Coordinator (1 Person Total)
6) Radio Program Coordinator (1 Person Total)
7) SRT:/ Program Coordinator (1Person Total)
7)8) Boat Program Coordinator (1 Person Total)
8)9) PIO Coordinator (1 Person Total)
Any of the above (Section A) Program Coordinator positions require a minimum of a two (2) year up to four (4) year time commitment. Members may re -apply for the applicable program coordinator position upon the conclusion of the required time commitment.
B. Employees designated by the Fire Chief to perform Program Manager or Technician tasks associated with one of the following program areas shall receive a one hundred dollars ($100) per month incentive pay allowance:
1) Self-Contained Breathing Apparatus (SCBA) Technician (1 Person per Shift)
2) Fire Investigator (3 Persons Total)
3) ACLS/PALS Instructor (1 Person per Shift)
4) ITLS Instructor (1 Person per Shift)
5) CPR Instructor (1 Person per Shift)
6) Fire Hose Program Manager (1 Person Total)
7) Fire Tools and Equipment Manager (3 Persons Total)
8) Extrication Program Manager (1 Person Total)
9) Fitness and Wellness Program Manager (1 Person Total) 10) Wildland / Single Resource Manager (1 Person Total)
Any of the above (Section B) Program Manager or Technician positions require a minimum of a two (2) year up to four (4) year time commitment. Members may re-apply for the applicable program coordinator position upon the conclusion of the required time commitment.
C. Employees who hold a valid certificate in the Program areas below shall receive a one hundred dollars ($100) per month incentive pay allowance:
09/09/2025 Item No.11.
1) Swiftwater Rescue Technician Certificate
2) Confined Space Technical Rescue Certificate
3) RS1 and RS2 Certificates
D. Members receiving incentive pay allowance in section A shall be limited to a maximum combined allowance in sections A, B, and/or C of six hundred dollars ($600) per month per employee.
E. Members receiving incentive pay allowance in section B, shall be limited to a maximum combined allowance in sections B and C of five hundred dollars ($500) per month per employee.
Employees shall maintain the necessary training and certification standards established by the Department in Sections A, B and C to continue to receive this pay allowance. All employees receiving program incentive pay shall have their performance in the program included as part of the employees City performance evaluation. Performance that falls below “meets expectations” may subject the employee to removal from the program and loss of incentive pay as determined by the Fire Chief.
11. Medic Unit Incentive Pay
A. All members may participate in the annual medic unit incentive pay based on hours worked on a medic unit. Annually, an hour’s report, inclusive of regular duty and overtime hours, will be examined for each employee working a medic unit for a one-time annual payment based on the following:
1) 2200 hours worked – member receives $1,000
2) 2500 hours worked – member receives $1,250
3) 2800 hours worked – member receives $1,500
12. Strike Team - Assignments
A. For strike team and overhead assignment requests, Labor/Management will collaboratively develop a voluntary strike team list specific for TeleStaff use.
1) For “initial attack” deployment dispatches, apparatus and crew will be dispatched directly from their normal assigned station from duties by Fire Dispatch and shall not be delayed to any degree.
2) For “immediate need” deployment dispatches, the on -duty personnel assigned to the strike team station that day will be the personnel assigned to the strike team to minimize delay in response. Any on-duty personnel crew member not wishing to be dispatched to fill a strike team request may find their own voluntary qualified replacement within the same rank to fill the Formatted: None
09/09/2025 Item No.11.
request shall arrange for coverage to occur prior to the beginning of their shift and then notify his/her immediate supervisor of the arrangement. At no time will this cause a delay of more than thirty (30) minutes in the response.
3) For “planned” need deployment dispatches or crew rotations, the voluntary shift strike team TeleStaff list will be utilized to fill the request. In the event that the request is not filled using the voluntary strike team TeleStaff list, the on-duty personnel assigned to the strike team station the day of the planned need or crew rotation will be the personnel assigned to the strike team. Employee’s not wishing to be assigned to the strike team may find their own voluntary qualified replacement within the same rank to fill the request and then notify his /her immediate supervisor of the arrangement The Duty Chief may re-assign station staffing to accommodate arrangement requests.
4) When a member accepts any request from the voluntary strike team Telestaff list, their name will rotate to the bottom of the list provided that he/she was deployed for a minimum of twelve (12) hours.
B. When working a strike team deployment of more than forty -eight (48) hours, an employee returning from a strike team on their normal duty day shall be released from duty on paid administration leave for a rest period until the beginning of the next work day . For example; an employee returning from a strike team on their regular duty day would be released and paid administration leave until 0800 hours the following day.
C. A good faith effort shall be made by the City to relieve crew s on a strike team assignment on the fourteenth (14 th) day if the assignment is within the State of California and the twenty -first (21st) day if the assignment is outside the State of California. Crews may request to be relieved if cooperating agencies in the Sacramento Region are replacing their crews before the fourteenth (14th) or twenty- first (21st) days.
D. During a strike team deployment when the incident does not provide hotel/motel accommodations, but hotel/motel accommodations are available to the strike team, at the individual’s engine company’s expense, the City will pay for the hotel/motel accommodation. Nothing in the section shall negatively impact the strike team availability or response to the incident mission. The Strike Team Leader will make the decision whether the entire strike team will exercise the option for the hotel/motel accommodation.
13. Probationary Period, Seniority, Demotion and Layoffs
09/09/2025 Item No.11.
A. To provide means by which employees are to be demoted or laid off in the event a reduction in work force occurs.
B. When determining “Seniority” or “Time in Grade” the following criteria shall be used:
1) Seniority is defined as regular full time City employment in the fire department regardless of rank.
2) If two or more people are hired on the same date, the seniority ranking will be in accordance with the employee’s ranking at the conclusion of the recruit firefighter academy.
3) Time in grade shall be the method used to determine seniority by rank. If two or more employees in the same rank have the same promotion dates , the employee’s position on the eligibility list for the employee’s job classification will determine seniority in that rank.
4) Military leave of absence shall not be deducted from time in grade or from total time in the fire department.
5) The probationary period for new hires may be extended for any leave time in excess of 240 hours (cumulative) within the probationary period. The extension specific to this section will be equal to the leave time used in excess of 240 hours.
6) Probationary period extensions for performance -based issues shall be reflected in “Seniority” calculations for new hires.
7) The probationary period for Engineers and Captains may be extended for prolonged absences, with the exception of military leave and/or a workplace injury, during the probationary period. The extension specific to this section will be equal to the leave time used in excess of 240 hours.
8) Probationary period extensions for performance -based issues shall be reflected in “Time in Grade” calculations for Engineers and Captains.
C. Layoff or Non-Disciplinary Demotions.
1) Reductions in the ranks of Captain or Fire Engineer shall be made by the least senior employee in regular full time, time in grade, including probationary time.
2) Individuals affected by being demoted shall have the right to “bump” downward to the next lower rank formerly held by the affected employee.
09/09/2025 Item No.11.
3) Layoffs, reductions, or demotions in the rank of Firefighter shall be by the least senior employee in regular full time City employment in accordance with the Personnel Rules, Section 2.04.030E.
D. Reemployment and Seniority
1) When an employee is laid off and is reemployed within two (2) years of said employee’s termination date, the employee shall receive the benefits as described in the Personnel Rules, Section 2.04.030J upon return to service.
2) When the period of absence exceeds two (2) years, no benefits are retained and the employee is treated as a new employee for all purposes, unless they are vested by a third party (e.g. PERS credit).
3) When an employee resigns from the department and then wishes to return, they may do so through the application and testing process when a vacancy occurs. Seniority shall be based on section B above.
E. The City shall give the SAFF Local 522 Unit Representative 30 days’ notice prior to the effective date of any layoff or a non -disciplinary demotion along with a seniority list with all the member’s names, their hire date, and their time in grade.
13. Lateral Hires
Any decision to hire above the entry -level salary step (Step 1) will be based on the Fire Chief’s final recommendation with the concurrence of the City Manager. Such recommendation shall be based on the Fire Chief’s evaluation of the candidate’s background and experience.
14. Personnel Rules
The City agrees to notify the SAFF, Local 522 of proposed changes to City personnel rules, and to meet and confer in good faith over the impact of such changes prior to implementation.
15. Staffing
The purpose of this Article is to provide an agreed upon staffing level which supports firefighter safety and adequate personnel for workload distribution.
The City maintains the right to assign work and schedule employees in accordance with requirements as determined by the City. In the regular course of operations circumstances such as cross-staffing apparatus, participating in special training assignments, provisions to assist employees found in Article VIII, Section 8, Emergency Leave and other needs of the City will cause the need to deviate from this staffing level. With this understanding, Formatted: None
09/09/2025 Item No.11.
the City agrees that it shall maintain on a daily basis, minimum apparatus staffing level as follows:
A. In-service Engine Company – three (3) persons; (one (1) Captain, one (1) Engineer and one (1) Firefighter; or the equivalent thereof)
B. In-service Truck Company – four (4) persons; (one (1) Captain, one (1) Engineer and two (2) Firefighters; or the equivalent thereof)
C. In-service ALS Medic – two (2) firefighters or paramedics; or the equivalent thereof.
16. Bilingual Pay
1. The Fire Chief may designate up to (2) employees per shift, if at least two employees on the shift qualify, to receive a $100 per month Bilingual Pay differential. Such assignment shall be in writing and must be renewed on an annual basis.
2. To be eligible for Bilingual Pay, an employee must (1) speak a foreign language as identified by the City; (2) agree to utilize his/her bilingual ability on the job; (3) demonstrate bilingual proficiency satisfactory to the Director of Human Resources; and (4) agree to maintain the necessary training and certification standards established by the City to continue to receive bilingual pay.
3. All employees receiving bilingual pay shall have their bilingual performance included as part of the employee’s City performance evaluation. Performance that falls below “meets expectations” may subject the employee to loss of bilingual pay.
Formatted: None
09/09/2025 Item No.11.
ARTICLE XIV
SIGNATURE CLAUSE
1. Signature Clause
This agreement shall remain in full force and effect from July 1, 20252, through June 30, 20285. The parties agree to begin negotiations on a successor Memorandum of Understanding no later than 120 calendar days prior to expiration of this Memorandum of Understanding.
City of Folsom Sacramento Area Firefighters, Local 522, IAFF
Elaine AndersenBryan Whitemyer Trevor Jamison
City Manager President, Local 522
John W. SpittlerAllison Garcia Jeff CarterLarry Menth
Human Resources DirectorAdvisor Representative for SAFF, Local 522SAFF, Local 522 Representative
Ken Cusano Brian BeckDaniel Carson
Fire Chief SAFF, Local 522 Representative
Allison GarciaVance Piggott Tracy C. RandallRobert Byrne Human Resources DirectorCity Representative SAFF, Local 522 Representative
Dennis BatchelderDoris Valencia Brent CramerJacob Bisetti City RepresentativeSenior Human Resources Analyst SAFF, Local 522 Representative
Daniel CarsonTyler Smith
SAFF, Local 522 Representative
Robert ByrneRoy Griffith
SAFF, Local 522 Representative
Formatted: None
Formatted: Font: Not Bold, No underline
Formatted: Heading 1, None, Indent: Left: 0", First line: 0" Formatted: None
Formatted: Level 1, Tab stops: Not at 2"
09/09/2025 Item No.11.
Brent Cramer
SAFF, Local 522 Representative
09/09/2025 Item No.11.
Appendix A
Salary Schedule
09/09/2025 Item No.11.
Folsom City Council
Staff Report
1 MEETING DATE:
9/9/2025
AGENDA SECTION:
New Business
SUBJECT: Resolution No. 11459 - A Resolution Authorizing the City Manager to Execute a Memorandum of Understanding between the City of Folsom and the International Union of Operating Engineers, Local 39
FROM: Human Resources Department
RECOMMENDATION / CITY COUNCIL ACTION
The Human Resources Director recommends that the City Council pass and adopt Resolution No. 11459 - A Resolution Authorizing the City Manager to Execute a Memorandum of Understanding between the City of Folsom and the International Union of Operating Engineers, Local 39.
BACKGROUND / ISSUE
The existing Memorandum of Understanding (MOU) between the City of Folsom and the International Union of Operating Engineers, Local 39 expired on June 30, 2025. The parties began negotiations on a new MOU on April 4, 2025, and reached a tentative agreement on August 14, 202 5. Local 39 ratified the tentative agreement on August 28, 202 5. The new proposed successor MOU is being presented to the City Council on September 9, 2025 , for consideration and approval.
POLICY / RULE
Government Code Title 1, Division 4, Chapter 10 commonly known as the Meyers -Milias- Brown Act requires that representatives of the Governing Body of a public agency shall meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. Both parties shall endeavor to reach a tentative agreement within the scope of representation, and, if a tentative agreement is reached and ratified by the respective parties, they shall prepare a written memorandum of understanding.
09/09/2025 Item No.12.
2 ANALYSIS and FINANCIAL IMPACT
A tentative agreement was reached by the parties and the proposed successor Memorandum of Understanding, which will be effective July 1, 2025, contains the following changes that have some economic impact, as outlined below. The changed provisions are as follows:
1. The MOU term will be for three (3) years: July 1, 2025, through June 30, 2028.
2. A cost-of-living adjustment (COLA) is provided for each year of the agreement:
o Year 1: Effective July 1, 2025
3% for all classifications
The cost for the first year of the COLA will increase salary and benefits approximately $757,674.
1) General Fund (010) - $389,536
2) Water (520) - $118,390
3) Sewer (530) - $71,715
4) Solid Waste (540)- $173,929
5) Tree Rep (226) - $4,104
o Year 2: Effective July 1, 2026
3% for all classifications
The cost for the second year of the COLA will increase salary and benefits approximately $795,141.
1) General Fund (010) - $407,602
2) Water (520) - $124,376
3) Sewer (530) - $73,865
4) Solid Waste (540) - $185,071
5) Tree Rep (226) - $4,227
o Year 3: Effective July 1, 2027
3% for all classifications
The cost for the third year of the COLA will increase salary and benefits approximately $818,995.
1) General Fund (010) - $419,830
2) Water (520) – $128,107
3) Sewer (530) - $76,081
4) Solid Waste (540) - $190,623
5) Tree Rep (226) -$4,354
3. Effective July 1, 202 5, the following classifications shall be increased to the salary range which is closest to 5% above the current salary range:
a. Electrical and Instrument Technician
b. Fleet Operations Coordinator
c. Inventory Clerk
d. Lead Sr. Mechanic
e. Mechanic I/II
f. Senior Building Tradesworker
g. Senior Equipment Mechanic
09/09/2025 Item No.12.
3 h. Traffic Control Device Technician
i. Traffic and Control Lighting Tech I/II/Sr.
j. Lead Plant Mechanic
k. Wastewater Collection Technician I/II/III/Sr.
l. Water Distribution Operator I/II/III
m. Water Distribution Chief Operator
n. Water Treatment Plant Mechanic
o. Water Treatment Plant Operator I/II/III (shift and non-shift) p. Water Treatment Plant Chief Operator
q. Water Quality Technician
r. Water Utility Worker I/II/III/Sr.
Effective the first full pay period following July 1, 2025, the salary range for the Refuse Driver and Senior Refuse Driver classification shall be increased to the salary range closest to 2.5% above the current salary range.
The cost of the special salary increase will be approximately $442,123 in the first year in salary and benefits.
General Fund (010) - $71,797
Water (520) - $155,120
Sewer (530) - $84,576
Solid Waste (540) - $110,630
4. Uniform/Boot Allowance
o New employees required to wear a uniform and/or boots will be entitled to a pro-rated amount of the allowance based on the number of full months remaining in the fiscal year.
5. Annual Leave Cash out
o Eligible employees may cash out up to 60 hours of annual leave (currently 40 hours) per fiscal year, only if they have used at least 40 hours of annual leave during the year.
6. A variety of non-economic and clarification language changes were also agreed upon.
ATTACHMENTS
1. Resolution No. 11459 - A R esolution Authorizing the City Manager to Execute a Memorandum of Understanding between the City of Folsom and the International Union of Operating Engineers, Local 39.
2. Proposed Memorandum of Understanding between the City of Fol som and the International Union of Operating Engineers, Local 39 for the term of July 1, 2025, through June 30, 2028.
Submitted,
Allison Garcia
Human Resources Director
09/09/2025 Item No.12.
Attachment 1
09/09/2025 Item No.12.
Resolution No. 11459
RESOLUTION NO. 11459
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FOLSOM AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 39
WHEREAS, the City of Folsom and the International Union of Operating Engineers (IUOE), Local 39 have met and conferred in good faith since April 4, 2025; and
WHEREAS, the parties reached a tentative agreement on August 14, 2025; and
WHEREAS, the members of IUOE 39 ratified the tentative agreement on August 28, 2025; and
WHEREAS, the City Manager and the City’s negotiation team recommend the City Council adopt the agreement
NOW, THEREFORE, BE IT RESOLVED that the City Council adopts the agreement between the City of Folsom and the International Union of Operating Engineers, Local 39 for the period of July 1, 2025, to June 30, 2028; and
BE IT FURTHER RESOLVED, that the City Council of the City of Folsom author izes the City Manager to execute a Memorandum of Understanding between the City of Folsom and the International Union of Operating Engineers, Local 39.
PASSED AND ADOPTED this 9th day of September, 2025, by the following roll -call vote:
AYES: Councilmember(s):
NOES: Councilmember(s):
ABSENT: Councilmember(s):
ABSTAIN: Councilmember(s):
__________________________________
Sarah Aquino, MAYOR
ATTEST:
______________________________
Christa Freemantle, CITY CLERK
09/09/2025 Item No.12.
Attachment 2
09/09/2025 Item No.12.
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF FOLSOM
AND
INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL 39
July 1, 20225 – June 30, 20258
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 2 07/01/225 to 06/30/258
Table of Contents
Article I. RECOGNITION AND COVERAGE ................................................................ 95
1. Recognition ......................................................................................................................... 95
2. Total Agreement .................................................................................................................. 95
3. Severability of Provisions .................................................................................................... 95 Article II. EQUAL EMPLOYMENT ............................................................................... 106
1. Equal Employment ............................................................................................................ 106
2. Discriminatory Prohibitions ................................................................................................ 106 Article III. MANAGEMENT RIGHTS ............................................................................. 117 Article IV. NO STRIKE OR LOCKOUT ......................................................................... 128
1. No Strike ............................................................................................................................ 128
2. Lockout .............................................................................................................................. 128 Article V. UNION RIGHTS ............................................................................................ 139
1. Payroll Deductions ............................................................................................................ 139
2. Bulletin Boards .................................................................................................................. 139
3. List of Employees .............................................................................................................. 139
4. Notice ................................................................................................................................ 139
5. New Employee Orientation ............................................................................................... 139 Article VI. COMPENSATION ...................................................................................... 1410
1. Salary Increases.............................................................................................................. 1410
2. Salary Ranges ................................................................................................................. 1410
3. Salary Range Adjustments .............................................................................................. 1410
4. Longevity Pay .................................................................................................................. 1511
5. Recruitment and Retention Pay ...................................................................................... 1511
6. Standby Duty ................................................................................................................... 1612
7. Monitoring Pay ................................................................................................................ 1612
8. GIS Stipend ..................................................................................................................... 1612
9. Special Skill Certification/License Pay and Education Incentive Pay ............................. 1612
10. Callback ........................................................................................................................... 1915
11. Overtime and Holiday Work ............................................................................................ 2016
12. Payment for Scheduled Hours ........................................................................................ 2016
13. Compensation During Work Disability............................................................................. 2016
14. Compensation Upon Service Separation ........................................................................ 2117
15. Salary on Status Changes .............................................................................................. 2117
16. Uniform Allowance .......................................................................................................... 2319
17. Mechanics Tool Allowance .............................................................................................. 2420
18. Reimbursement for Use of Personal Vehicle .................................................................. 2420
19. Cell Phone ....................................................................................................................... 2420
20. Night Shift Differential ..................................................................................................... 2521
21. Bilingual Pay .................................................................................................................... 2521
22. Market Survey ................................................................................................................. 2621
23. Deferred Compensation .................................................................................................. 2622
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 3 07/01/225 to 06/30/258
Article VII. RETIREMENT ............................................................................................. 2722
1. Public Employees Retirement System (PERS) ............................................................... 2722
2. Retirement Optional Settlement 2W Death Benefit (Survivors) ...................................... 2823
3. Use of Accrued Leave Time Pending Retirement ........................................................... 2823
4. Retiree Health Insurance ................................................................................................ 2823
5. Retiree Dental and Vision Insurance............................................................................... 2925
6. Out of Area Health Plan .................................................................................................. 3025 Article VIII. INSURANCE .......................................................................................... 3126
1. Health Insurance ............................................................................................................. 3126
2. High Deductible Health Plans ......................................................................................... 3327
3. Health Insurance – Cash Back ........................................................................................ 3327
4. Dental Insurance ............................................................................................................. 3428
5. Vision Insurance .............................................................................................................. 3428
6. Life Insurance .................................................................................................................. 3428
7. Short Term Disability Insurance ...................................................................................... 3428
8. Long Term Disability Insurance ....................................................................................... 3528
9. Domestic Partner............................................................................................................. 3529
10. Health Benefits Labor-Management Committee ............................................................. 3529 Article IX. HOURS, HOLIDAYS AND LEAVES.......................................................... 3529
1. General Hours of Work ................................................................................................... 3529
2. Accrued Furlough Leave ................................................................................................. 3629
3. Flexible Schedules .......................................................................................................... 3630
4. Alternative Work Schedule .............................................................................................. 3630
5. Report to Duty Station ..................................................................................................... 3730
6. Unauthorized Absence from Work .................................................................................. 3730
7. Meal Periods ................................................................................................................... 3731
8. Rest Periods .................................................................................................................... 3731
9. Emergency Work Hours and Duty Assignments ............................................................. 3831
10. Annual Leave Program ................................................................................................... 3832
11. Sick Leave ....................................................................................................................... 3933
12. Illness/Injury During Vacation Leave ............................................................................... 3933
13. Holidays During Annual Leave, Sick Leave or Disability ................................................ 4033
14. Annual Leave for Immediate Family Care ....................................................................... 4033
15. Funeral Leave ................................................................................................................. 4033
16. Bereavement Leave ........................................................................................................ 4034
17. Disability Leave ............................................................................................................... 4034
18. Fitness for Duty ............................................................................................................... 4135
19. Maternity Leave ............................................................................................................... 4235
20. Jury Duty Leave .............................................................................................................. 4337
21. Leaves of Absence .......................................................................................................... 4437
22. Catastrophic Time Donation ............................................................................................ 4438
23. Holidays ........................................................................................................................... 4539
24. Federal and State Family and Medical Leave Acts ......................................................... 4640
25. Personal Leave Time ...................................................................................................... 4640 Article X. TRANSFER AND PROMOTION ................................................................ 4740
1. Transfer ........................................................................................................................... 4740
2. Worksite and Shift Transfer ............................................................................................. 4741
3. Voluntary Position Transfer ............................................................................................. 4741
4. Promotion ........................................................................................................................ 4841
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 4 07/01/225 to 06/30/258
Article XI. SHIFT EMPLOYEES .................................................................................. 4842 Article XII. TRAINING AND SAFETY .......................................................................... 5245
1. Training ........................................................................................................................... 5245
2. Safety .............................................................................................................................. 5245
3. Tuition Reimbursement Policy ........................................................................................ 5246 Article XIII. SEPARATION FROM SERVICE ........................................................... 5447
1. Layoff ............................................................................................................................... 5447 Article XIV. MISCELLANEOUS ............................................................................... 5750
1. Permanent Part-Time Employees ................................................................................... 5750
2. Replacement of Damaged Personal Property ................................................................ 5750
3. Bi-Weekly Pay Schedule/Alternate Work Schedules ...................................................... 5851
4. Repetitive Motion Study .................................................................................................. 5851
5. Probationary Period ........................................................................................................ 5851
6. Refuse Driver Route Selection ........................................................................................ 5851 Article XV. PERFORMANCE EVALUATIONS ........................................................ 5952
1. Performance Evaluation .................................................................................................. 5952
2. Authority to Prepare Reports ........................................................................................... 5952
3. Frequency and Distribution of Reports............................................................................ 5952
4. Review with the Employee .............................................................................................. 6053
5. Purging of Personnel Files .............................................................................................. 6053 Article XVI. EMPLOYEE DISCIPLINE ..................................................................... 6053
1. Policy ............................................................................................................................... 6053
2. Definition ......................................................................................................................... 6154
3. Persons Authorized to Initiate Disciplinary Action ........................................................... 6154
4. Application ....................................................................................................................... 6154
5. Cause for Disciplinary Action .......................................................................................... 6154
6. Preliminary Notice of Disciplinary Action ........................................................................ 6255
7. Skelly Meeting ................................................................................................................. 6356
8. Appeal of Disciplinary Action ........................................................................................... 6457 Article XVII. GRIEVANCE PROCEDURE ................................................................ 6558 Article XVIII. TERM OF AGREEMENT .................................................................... 6659
1. Appendix A – List of Classes in Bargaining Unit ............................................................. 7062
2. Appendix B – Recognized Certifications/Licenses .......................................................... 7264
3. Appendix C – New Salary Range.................................................................................... 7466 Article I. RECOGNITION AND COVERAGE ...................................................... 5
1. Recognition ............................................................................................................... 5
2. Total Agreement ....................................................................................................... 5
3. Severability of Provisions .......................................................................................... 5 Article II. EQUAL EMPLOYMENT....................................................................... 6
1. Equal Employment .................................................................................................... 6
2. Discriminatory Prohibitions ....................................................................................... 6
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 5 07/01/225 to 06/30/258
Article III. MANAGEMENT RIGHTS ..................................................................... 7 Article IV. ........................................................................... NO STRIKE OR LOCKOUT 8 1. No Strike ................................................................................................................... 8
2. Lockout ...................................................................................................................... 8 Article V. UNION RIGHTS ................................................................................... 9
1. Payroll Deductions .................................................................................................... 9
2. Bulletin Boards .......................................................................................................... 9
3. List of Employees ...................................................................................................... 9
4. Notice ........................................................................................................................ 9 Article VI. ............................................................................................ COMPENSATION 9 1. Salary Increases ....................................................................................................... 9
2. Salary Ranges ........................................................................................................ 10
3. Salary Range Adjustments ..................................................................................... 10
4. Longevity Pay ......................................................................................................... 10
5. Recruitment and Retention Pay .............................................................................. 10
6. Standby Duty........................................................................................................... 11
7. Monitoring Pay ........................................................................................................ 11
8. GIS Stipend ............................................................................................................. 11
9. Special Skill Certification/License Pay and Education Incentive Pay .................... 11
10. Callback .................................................................................................................. 14
11. Overtime and Holiday Work .................................................................................... 15
12. Payment for Scheduled Hours ................................................................................ 15
13. Compensation During Work Disability .................................................................... 15
14. Compensation Upon Service Separation ............................................................... 16
15. Salary on Status Changes ...................................................................................... 16
16. Uniform Allowance .................................................................................................. 18
17. Mechanics Tool Allowance ..................................................................................... 18
18. Reimbursement for Use of Personal Vehicle ......................................................... 19
19. Cell Phone ............................................................................................................... 19
20. Night Shift Differential ............................................................................................. 20
21. Bi-Lingual Pay ......................................................................................................... 20
22. Classification Survey .............................................................................................. 20
23. Market Survey ......................................................................................................... 20
24. Deferred Compensation .......................................................................................... 21 Article VII. ................................................................................................. RETIREMENT 21 1. Public Employees Retirement System (PERS) ...................................................... 21
2. Retirement Optional Settlement 2W Death Benefit (Survivors) ............................. 22
3. Use of Accrued Leave Time Pending Retirement .................................................. 22
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 6 07/01/225 to 06/30/258
4. Retiree Health Insurance ........................................................................................ 22
5. Retiree Dental and Vision Insurance ...................................................................... 23
6. Out of Area Health Premium Plan .......................................................................... 24 Article VIII. INSURANCE .................................................................................. 25
1. Health Insurance ..................................................................................................... 25
2. High Deductible Health Plans ................................................................................. 26
3. Health Insurance – Cash Back ............................................................................... 27
4. Dental Insurance ..................................................................................................... 27
5. Vision Insurance ..................................................................................................... 27
6. Life Insurance ......................................................................................................... 27
7. Short Term Disability Insurance ............................................................................. 28
8. Long Term Disability Insurance .............................................................................. 28
9. Domestic Partner .................................................................................................... 28
10. Health Benefits Labor-Management Committee .................................................... 28 Article IX. ............................................................ HOURS, HOLIDAYS AND LEAVES 29 1. General Hours of Work ........................................................................................... 29
2. Accrued Furlough Leave ......................................................................................... 29
3. Flexible Schedules .................................................................................................. 29
4. 9/80 Work Schedule ............................................................................................... 29
5. Report to Duty Station ............................................................................................ 30
6. Unauthorized Absence from Work ......................................................................... 30
7. Meal Periods ........................................................................................................... 30
8. Rest Periods............................................................................................................ 31
9. Emergency Work Hours and Duty Assignments .................................................... 31
10. Annual Leave Program ........................................................................................... 31
11. Sick Leave ............................................................................................................... 32
12. Illness/Injury During Vacation Leave ...................................................................... 32
13. Holidays During Annual Leave, Sick Leave or Disability ....................................... 33
14. Annual Leave for Immediate Family Care .............................................................. 33
15. Funeral Leave ......................................................................................................... 33
16. Bereavement Leave ................................................................................................ 33
17. Disability Leave ....................................................................................................... 33
18. Fitness for Duty ....................................................................................................... 34
19. Maternity Leave ...................................................................................................... 35
20. Jury Duty Leave ...................................................................................................... 36
21. Leaves of Absence ................................................................................................. 37
22. Catastrophic Time Donation ................................................................................... 37
23. Holidays .................................................................................................................. 38
24. Federal and State Family and Medical Leave Acts ................................................ 39
25. Personal Leave Time .............................................................................................. 39 Article X. TRANSFER AND PROMOTION ........................................................ 40
1. Transfer ................................................................................................................... 40
2. Worksite and Shift Transfer .................................................................................... 40
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 7 07/01/225 to 06/30/258
3. Voluntary Position Transfer .................................................................................... 40
4. Promotion ................................................................................................................ 41 Article XI. ....................................................................... POSITION CLASSIFICATION 41 1. Employee Classification Study Requests ............................................................... 41 Article XII. ............................................................................. TRAINING AND SAFETY 42 1. Training ................................................................................................................... 42
2. Safety ...................................................................................................................... 42
3. Tuition Reimbursement Policy ................................................................................ 42 Article XIII. SEPARATION FROM SERVICE .................................................... 43
1. Layoff....................................................................................................................... 43
2. Check Out Upon Separation ................................................................................... 46 Article XIV. MISCELLANEOUS ........................................................................ 47
1. Permanent Part-Time Employees .......................................................................... 47
2. Replacement of Damaged Personal Property ........................................................ 47
3. Bi-Weekly Pay Schedule/Alternate Work Schedules ............................................. 47
4. Repetitive Motion Study .......................................................................................... 47 Article XV. PERFORMANCE EVALUATIONS ................................................. 48
1. Performance Evaluation ......................................................................................... 48
2. Authority to Prepare Reports .................................................................................. 48
3. Frequency and Distribution of Reports ................................................................... 48
4. Review with the Employee...................................................................................... 49
5. Purging of Personnel Files...................................................................................... 49 Article XVI. EMPLOYEE DISCIPLINE .............................................................. 49
1. Policy ....................................................................................................................... 49
2. Definition ................................................................................................................. 49
3. Persons Authorized to Initiate Disciplinary Action .................................................. 50
4. Application ............................................................................................................... 50
5. Cause for Disciplinary Action .................................................................................. 50
6. Preliminary Notice of Disciplinary Action ................................................................ 51
7. Skelly Meeting ......................................................................................................... 52
8. Appeal of Disciplinary Action .................................................................................. 53 Article XVII. GRIEVANCE PROCEDURE ......................................................... 54 Article XVIII. TERM OF AGREEMENT ............................................................. 55
1. Appendix A – List of Classes in Bargaining Unit .................................................... 58
2. Appendix B – Recognized Certifications/Licenses ................................................. 59
3. Appendix C – New 9-Step Salary Range ............................................................... 60
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 8 07/01/225 to 06/30/258
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 9 07/01/225 to 06/30/258
PREAMBLE
This Memorandum of Understanding, hereinafter referred to as "the agreement," entered into by the City of Folsom, hereinafter referred to as "the City," or "the employer," pursuant to Section 3500 et, seq. of the Government Code of the State of California and the International Union of Operating Engineers - Stationary Engineers Local 39, AFL-CIO, hereinafter referred to as "Local 39," has as its purpose the promotion of harmonious labor relations between the City and Local 39; establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, hours of work, and other terms and conditions of employment.
It is understood and agreed that this agreement supersedes and replaces all prior agreements between the City and Local 39 covering the matters contained herein. Where ordinances and policies conflict with this Memorandum of Understanding, the Memorandum of Understanding shall prevail.
The term "Agreement" or “Memorandum of Understanding” as used herein means the written agreement provided under Section 3505.1 of the Government Code.
Article I. RECOGNITION AND COVERAGE
1. Recognition
The International Union of Operating Engineers, Stationary Local 39 is recognized as the exclusive representative, as provided in the City's Employer-Employee Relations Rules for all employees in the Miscellaneous Bargaining Unit (unit). Appendix "A" is a list of all job classifications in this bargaining unit.
2. Total Agreement
This Memorandum of Understanding (MOU) constitutes a full and complete agreement by the parties and contains all of the matters upon which the parties reached agreement.
Therefore, except as provided herein, the City and Local 39, for the duration of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other should not be obligated to meet and confer with respect to any subject or matter whether or not referred to or covered in this agreement.
3. Severability of Provisions
Should any section, clause or provision of this Agreement be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this Agreement. In the event of such invalidation, the parties agree to meet and confer concerning substitute provisions for provisions rendered or declared illegal.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 10 07/01/225 to 06/30/258
Article II. EQUAL EMPLOYMENT
1. Equal Employment
It is the policy of the City of Folsom to create an environment, in which all people, regardless of race, creed, color, national origin, age, sex, handicap, or political or religious affiliation, may live, work, enjoy leisure, learn and prosper in harmony with all other persons of the community.
The City recognizes the need to ensure the achievement of equal employment opportunity as a means of reinforcing the principles of a merit system of employment, whereby employment decisions are made equally of all persons on the basis of open competition and advancement according to relative ability.
The City agrees as follows:
• In establishing qualifications for employment in the classified service, no provision or requirement shall be adopted which would be discriminatory on the basis of race, creed, color, national origin, age, sex, handicap or political or religious affiliation (Protected Characteristics), except where a bona fide occupational qualification exists.
• No questions in any examination, application form, or other personnel proceeding, shall be so framed as to elicit information concerning protected characteristics from an applicant, eligible candidates, or employee.
• No appointment to, or removal from, a position in the classified service shall be affected in any manner by the person's protected characteristics; and further that it shall be the responsibility of all employees to abide by and carry out these provisions.
2. Discriminatory Prohibitions
It is prohibited for the City to refuse to hire, train or promote any employee or applicant, or to discipline or dismiss an employee without just cause on the basis of such person's race, color, creed, national origin, age, sex, marital status, religious beliefs, or disability; except where the doctrine of business necessity or a bona fide occupational qualification can reasonably be established.
It shall further be prohibited for any employee, contractor, or other agent of the City to engage in all forms of discriminatory conduct, including the following:
A. Race, Color, Creed and Religion
Making statements, jokes or acts regarding a particular race, color, ancestry, or religion that are regarded as offensive, prejudicial or harassing.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 11 07/01/225 to 06/30/258
B. Sex/Sexual Harassment/Marital Status
Intimidating or interfering with an employee's work or work environment through unwelcome, offensive or harassing sexual comments, questions or acts (implicitly or explicitly), including prejudicial statements or acts regarding pregnancy or marital status.
Article III. MANAGEMENT RIGHTS
To ensure that the City is able to carry out its statutory functions and responsibilities, nothing contained in this article shall be construed to require the City to negotiate on matters, which are solely a function of management, or not otherwise assigned as an employee right, including the following:
1. To manage the City generally and to determine issues of policy.
2. To determine the existence of facts, which are the basis of management decisions.
3. To determine the necessity for, and organization of, any service or activity conducted by the City, and to expand or diminish services.
4. To determine the nature, manner, means, technology, and extent of services to be provided to the public.
5. To determine methods of financing.
6. To determine types of equipment or technology to be used.
7. To determine and/or change the facilities, methods, technology, means, organizational structure, and size and composition of the work force, and to allocate and assign the work by which the City operations are to be conducted.
8. 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 of the City, except where such contracts for service would be for the purpose of workforce reductions.
9. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments upon reasonable notice and good faith meet and confer.
10. To lay off employees from duties because of lack of work or funds or under conditions where continued work would be ineffective or non -productive.
11. To establish and modify productivity and performance programs and standards.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 12 07/01/225 to 06/30/258
12. To dismiss, suspend without pay, demote, reprimand, withhold salary step increases, or otherwise discipline employees for cause.
13. To determine minimum qualifications, skills, abilities, knowledge, selection procedures and standards, and job classifications, and to reclassify employees.
14. To hire, transfer, promote, and demote employees for non -disciplinary reasons.
15. To determine policies, procedures, and standards for selection, training, and promotion of employees.
16. To establish reasonable employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith.
17. To maintain order and efficiency in City facilities and operations.
18. To establish, publish, and/or modify rules and regulations to maintain order and safety and health in the City. The City agrees to meet and confer on any items that fall within the scope of Government Code Section 3500 et, seq.
19. To restrict the activity of an employee organization on the municipal property and on municipal time except as set forth in the City's Personnel Rules and Regulations.
20. To take any and all necessary action to carry out the mission of the City in emergencies.
Article IV. NO STRIKE OR LOCKOUT
1. No Strike
IUOE agrees that during the term of this Agreement, neither it nor its officers, employees, representatives, or members will engage in, encourage, sanction, support or suggest any strikes, work stoppages, boycotts, slow downs, mass resignations, mass absenteeism, picketing or any other similar actions which would involve suspension of, or interference with, the normal work of the City of Folsom. In the event that IUOE, Local 39 members participate in such activities in violation of this provision, IUOE, Local 39 shall notify those members so engaged to cease and desist from such activities and shall instruct the members to return to their normal duties.
2. Lockout
No lockout of employees shall be instituted by the City during the term of this MOU.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 13 07/01/225 to 06/30/258
Article V. UNION RIGHTS
1. Payroll Deductions
In addition to continuing existing payroll deductions for group insurance plans to which the City is or shall hereafter be a contracting party, the City agrees to establish payroll deductions for: (1) the normal and regular monthly Union membership dues and assessments; and (2) the insurance premiums for City and Union plans.
2. Bulletin Boards
The Union shall be entitled to reasonable use of bulletin boards at all offices and work locations where they are established. Local 39 may request permission from the City to install “Local 39 exclusive” bulletin boards. If such a request is granted, the Union shall pay for the cost of the bulletin board and its installation.
3. List of Employees
On a monthly basis the City shall provide IUOE with a list of city employees except safety, management, confidential, and middle management employees by class, name, hourly wage, step placement, anniversary date, employment status (permanent, full -time, part- time, or temporary), and IUOE membership status. The City agrees to notify IUOE whenever a class is created, deleted, or modified.
4. Notice
The City agrees to give reasonable notice to IUOE of any change directly relating to wages, hours, and working conditions and to provide the IUOE the opportunity to meet and confer over the impact of such changes prior to their implementation.
5. New Employee Orientation
The City shall provide up to thirty (30) minutes for the Union’s business representative, or designated shop steward, to attend new hire orientation to meet with new bargaining unit employees for the purpose of explaining union contract orientation and enrollment. The City will provide the Union with one week notice, when possible, of new hire orientations that include bargaining unit employees.
Shop stewards designated by the Union to attend new hire orientations shall be released by the City without loss of pay or benefits for up to one (1) hour. The steward shall be paid on City-paid Union release time for up to one (1) hour of regular time when performed during their normal work schedule; release time shall not create an overtime obligation. The Union is permitted to have one (1) shop steward attend orientation at a time, so long as their absence from their assignment does not unduly disrupt the operation of the City.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 14 07/01/225 to 06/30/258
Article VI. COMPENSATION
1. Salary Increases
A. Effective the first full pay period of July 1, 20225, all employees shall receive a salary increase of 3%.
B. Effective the first full pay period in July 202 36, all employees shall receive a salary increase of 3%.
C. Effective the first full pay period in July 202 47, all employees shall receive a salary increase of 3%.
2. Salary Ranges
A. Effective July 1, 2022, all job classifications shall have one salary range. Salary Range A and B shall no longer exist.
B. Effective July 1, 2022, Appendix C, shows the new nine-step salary ranges for each job classification. Salary range steps shall be approximately 3% between steps. The range and steps include any salary increase received pursuant to Article VI, Section
1. C. Employees will be moved to the new salary range step that is closest to their current salary (salary as of June 30, 2022) without being lower.
Procedures for step advancement, promotion, demotion, transfer, and layoff as set forth in City of Folsom Personnel Rules and Regulations, and the MOU shall apply. Anniversary dates shall remain the same.
3. Salary Range Adjustments
A. Effective the first full pay period following July 1, 20225, the salary ranges for the following classifications shall be increased to the salary range which is closest toby 5% above the current salary range.:
a. Electrical and Instrument Technician
b. Fleet Operations Coordinator
c. Inventory Clerk
d. Lead Sr. Mechanic
e. Mechanic I/II
f. Senior Building Tradesworker
g. Senior Equipment Mechanic
h. Traffic Control Device Technician
i. Traffic and Control Lighting Tech I/II/Sr.
j. Lead Plant Mechanic
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 15 07/01/225 to 06/30/258
k. Wastewater Collection Technician I/II/III/Sr.
l. Water Distribution Operator I/II/III
m. Water Distribution Chief Operator
n. Water Treatment Plant Mechanic
o. Water Treatment Plant Operator I/II/III (shift and non -shift) p. Water Treatment Plant Chief Operator
q. Water Quality Technician
r. Water Utility Worker I/II/III/Sr.
a. Mechanic I/II/Senior
b. Lead Plant Mechanic
c. Refuse Driver
d. Maintenance Worker I/II/Senior
e. Maintenance Specialist
f. Traffic Control & Lighting Technician I/II
g. Senior Traffic Signal Technician
h. Lead Senior Mechanic (Combined Shifts)
i. Electrical & Instrument Technician
B. Effective the first full pay period following July 1, 2025, the salary range for the Refuse Driver and Senior Refuse Driver classification shall be increased to the salary range closest to 2.5% above the current salary range.
C. Effective July 1, 2025, clarification of Water Treatment Plant Operator III shall be:
Water Treatment Plant Operator III (Non-Shift): M55
Water Treatment Plant Operator III (Shift): M58
Chief Water Treatment Plant Operator (Shift): M60
Movement to the salary ranges shall occur prior to the cost -of-living adjustment and salary range adjustment pursuant to Article VI, Sections 1 and 3.
4. Longevity Pay
A. Subject to subsection B below, employees in the IUOE bargaining unit shall be eligible to receive Longevity Pay beginning with ten (10) or more years of City service. The Longevity Pay formula is based on 2 ½% increments and is as follows:
• 2½% after ten (10) years of City service;
• an additional 2½% for a total of 5% after fifteen (15) years of City service; • an additional 2½% for a total of 7½% after twenty (20) years of City service.
B. Employees hired after July 1, 2010, shall not be eligible to receive Longevity Pay.
5. Recruitment and Retention Pay
A. Subject to subsection B. below, employees in the IUOE bargaining unit shall be eligible to receive Recruitment and Retention Pay beginning with ten (10) or more
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 16 07/01/225 to 06/30/258
years of continuous City service.
B. Recruitment and Retention Pay shall be 2 ½% of the employee’s base salary.
C. Employees receiving Longevity Pay (Article VI, Section 4) shall not be eligible to receive Recruitment and Retention Pay.
All special pay in this Section (Article VI, Section 5) shall be deemed Longevity Pay and reported to CalPERS as special compensation pursuant to C.C.R. Section 571.
6. Standby Duty
When the City places an employee on Standby Duty, the City agrees to assign twelve (12) hours of Standby Duty per week ; except that when one of the following holidays occur during the period of Standby Duty the City will assign fifteen (15) hours of standby:
Christmas Day, New Year’s Day, Thanksgiving, and July 4th. Standby Duty shall be assigned on a rotating basis. Compensation for Standby Duty shall be at one and one-half times the employee's hourly rate of pay.
A. Standby duty requires the employee so assigned:
i. To be ready to respond immediately to calls for service; ii. To be reachable by telephone/pager;
iii. To remain within a reasonable distance of the work location; and; iv. To refrain from activities which might impair their ability to perform assigned duties.
7. Monitoring Pay
When a department head or designee requires an employee to monitor a City operation from the employee’s residence during non-work hours, the employee will receive 1.5 hours of overtime for each 8 hour assignment period, or portion thereof.
8. GIS Stipend
An employee receiving the $150 per month GIS Stipend as of June 30, 2019, shall continue to receive the stipend until the employee leaves his/her current job classification. No additional employees shall be paid the GIS Stipend.
9. Special Skill Certification/License Pay and Education Incentive Pay
A. Special Skill Certification/License Pay
i. Additional salary may be paid to miscellaneous employees for special skill certification(s)/licenses. To qualify for additional salary, such certification(s) shall meet the following criteria:
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 17 07/01/225 to 06/30/258
a. Certification/license is for duties required by the City and approved by the employee’s department head and the City Human Resources Department.
b. Certification/license is for duties not specified in the employee’s job classification.
c. Certification/license must be renewable.
d. Certification/license duties that are not already identified for additional compensation in the current Memorandum of
Understanding between IUOE and the City.
ii. Recognized certifications/licenses and assigned salary differentials are listed on Appendix “B”.
iii. Maximum Special Skill Certification/License Pay shall not exceed $3,600 per year ($300 per month) in combination with Educational Incentive Pay .
iv. Employees with Special Skill Certification/License Pay, except for select classifications in Environmental and Water Resources (EWR), as outlined in subparagraph v. below, will have their percent incentive converted to the dollar amount value as of June 30, 2019. This dollar amount will be frozen as of June 30, 2019 , and will not increase with future increases to base pay. New certifications may be added with an associated pay increase per Appendix “B” only if the total incentive amount falls below the $3,600 annual cap ($300 per month). Any additional pay is subject to the $300 per month total cap for the combination of Special Skill/Certification License Pay and Education Incentive Pay.
v. EWR employees in the following classifications are limited to certification/license pay as outlined in Appendix “B.” Classification descriptions will be revised to reflect the requirements of a Class B drivers’ license and Herbicide & Pesticide Applicator’s Certificate per the list below. Select salary range adjustments will be made as indicated. These adjustments are designed to address market pay inequities and additional certification requirements.
Employees will move to the step in the new range closest to but not lower than their existing pay as outlined in Article VI, Section 15. The effective date of change will be the first pay period following City Council approval of the MOU.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 18 07/01/225 to 06/30/258
EWR Classifications:
Current
Range
New
Range
Range
Increase
(Max Step)
Advanced
State
Cert
Required
Class B
License
Required
Pesticide
Applicator
Cert
Required
Water Management Coordinator M58 M60 5.0%
Senior Water Utility Worker M55 M58 7.6% D4 Yes
Water Treatment Plant Chief Operator M55 M58 7.6% T4 Yes Water Distribution Chief Operator M55 M58 7.6% D4 Yes
Sr. Wastewater Collection Technician M55 M58 7.6% G3 Yes Water Treatment Plant Operator III M51 M55 10.2% T3 Yes Yes Water Utility Worker III M51 M55 10.2% D3 Yes Yes
Water Distribution Operator III M51 M55 10.2% D3 Yes Yes Wasterwater Collection Technician III M51 M55 10.2% G3 Yes Yes Water Quality Technician M51 M55 10.2% D3 Yes Yes
Water Utility Worker II M47 M51 10.3% D2 Yes Yes
Water Treatment Plant Operator II M47 M51 10.3% T2 Yes Yes Water Distribution Operator II M47 M51 10.3% D2 Yes Yes Wastewater Collection Technician II M47 M51 10.3% G2 Yes Yes Water Management Specialist M43 M49 15.8% D1 & CLIA Yes Water Utility Worker I M45 M45 0.0% D1 Yes Yes
Water Treatment Plant Operator I M45 M45 0.0% T1 Yes Yes Water Distribution Operator I M45 M45 0.0% D1 Yes Yes Wasterwater Collection Technician I M45 M45 0.0% G1 Yes Yes
vi. In addition to EWR classifications listed in Section 9A(v) above, the following classifications will have the requirements of Class B drivers’ license and Herbicide & Pesticide Applicator’s Certificate added to their classification descriptions. Employees’ existing certification pay will be frozen as outlined in Section 9A(iv).
• Maintenance Specialist
• Sr. Maintenance Specialist
• Maintenance Worker I/II
• Sr. Maintenance Worker
B. Education Incentive Pay
i. For employees hired before July 1, 2019, except for select classifications listed in Section 9A(v) above, educational incentive pay is frozen at the dollar amount paid effective June 30, 2019. No increase in this dollar amount occurs unless this amount is less than the amount listed in subparagraph ii. below, at which point the amount is adjusted to the higher level.
ii. For employees hired on July 1, 2019, or later, education incentive pay is limited to
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 19 07/01/225 to 06/30/258
job related degrees not required in their classification description and approved by the employee’s department head and the City’s Human Resources Director. The incentives listed below are non-cumulative and paid at the highest rate. • Associate’s degree: $150.00/month
• Bachelor’s degree: $250.00/month
• Master’s degree: $250.00/month
• Bachelor’s/Master’s (in unrelated field): $150.00/month
iii. Payment of education incentive will begin effective the first pay period after the employee provides the Human Resources Department with the appropriate documentation, which includes a copy of transcripts or diploma. It is the responsibility of each employee to notify the Human Resources Department of his/her eligibility for education incentive and to provide the appropriate documentation.
iv. Employees who qualify for the education incentive and who received City paid tuition reimbursement will not receive education incentive pay until they have reimbursed the City for the cost of the tuition reimbursement. Once payment is made in full for tuition reimbursement, the education incentive will start and be paid directly to the employee. Reimbursing the City will consist of delaying the incentive pay until an amount equivalent to the tuition reimbursement has been withheld. For example, if any employee qualified for $100 per month in educational incentive payment, but had received $1,000 in tuition reimbursement, the employee’s educational incentive payment would be delayed 10 months from the educational incentive effective date.
C. Compensation
With the exception of employees with incentive pay frozen at a set dollar amount as of June 30, 2019 , no employee who qualifies for both Special Skill Certification/License Pay and/or Education Incentive Pay shall receive additional salary of more than $300 per month.
D. Dispute Resolution
Disagreements over the application of this section shall be submitted to the City Human Resources Department for resolution. This section shall not be subject to the Grievance/Arbitration provisions of this Agreement.
10. Callback
A. When an employee is called back to work after he/she has completed an assigned shift and left the work site, the employee shall receive a minimum of three (3) hours of call-back pay at one and one-half times employee's base hourly rate of pay.
B. Time worked, for which the employee is entitled to compensation, shall include reasonable travel to and from the employee's residence via the shortest commonly traveled route.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 20 07/01/225 to 06/30/258
11. Overtime and Holiday Work
A. Employees may be required to work overtime when a department head or designee determines it to be in the best interest of the City. Taking into account operational needs, employees shall be afforded equitable opportunity for overtime.Employees will be compensated only for overtime ordered or authorized by des ignated supervisory personnel.
B. Overtime will be paid in excess of an employee’s normally scheduled work shift.
C. The overtime rate of pay shall be either one and one-half (1½) times the base hourly rate of salary with respect to cash payment; or one and one-half (1½) hours for each hour worked with respect to compensatory time off (CTO). Overtime shall be compensable in increments of fifteen (15) minutes. Subject to subparagraph D below, o vertime shall be paid in cash, unless payment in the form of CTO is requested by the employee. Such requests are subject to the approval of the employee’s department head or designee.
D. CTO may be accrued in lieu of overtime pay in accordance with the schedule below.
Employees may request to take CTO off at the convenience of the City and upon approval of the employee’s department head or designee.
Zero to five years of City employment 80 hours
Five years to ten years of City employment 120 hours
After ten years of City employment 160 hours
E. Any permanent full time or permanent part-time employee who is required to work on any City observed holiday shall be entitled to equivalent time off, or pay in lieu of equivalent time off at their rate of pay plus time and one -half the employee's base hourly rate (for the actual number of hours worked on the holiday) . The choice of which shall be made by the employee with the department head's approval in advance of such work. Employees who opt to take the equivalent time off shall be entitled to take such equivalent time off in conjunction with regular days off.
12. Payment for Scheduled Hours
Scheduled hours of standby duty and scheduled hours of overtime will be compensated in the pay period it is worked. Any overpayment of standby duty and/or scheduled overtime will be immediately corrected the following pay period, or as soon as possible, by payroll deduction. It will be the responsibility of the department and employee to track and audit hours appropriately. Unscheduled overtime may be paid in the following pay period to facilitate the processing of payroll.
13. Compensation During Work Disability
A. Employees may be eligible for compensation for work related injuries pursuant to the circumstances, terms, and conditions prescribed under State Workers'
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 21 07/01/225 to 06/30/258
Compensation Law.
B. The City, or its insurance carrier, may not be liable for the payment of workers' compensation benefits for any injury which arises out of an employee's voluntary participation in any off-duty recreational, social or athletic activity which is not a part of the employee's work-related duties.
14. Compensation Upon Service Separation
Probationary employees in the classified service who separate from city service shall be entitled to payment for accrued annual leave and holiday hours earned on a pro-rata basis up to the date of separation.
Regular full-time employees in the classified service, regardless of service length, shall be entitled to payment for annual leave, holiday and compensatory time up to their date of separation. Payment shall be made on an hour -for-hour basis at the employee’s regular straight-time hourly rate of pay.
15. Salary on Status Changes
A. Promotion: An employee who is promoted to a position in a classification with a higher salary range shall be placed in the step in the new higher range which is no less than 5% over the step held in the former range in the basic salary schedule. An employee thus promoted is therefore assigned a new salary anniversary date effective of the date of promotion.
An employee who is promoted to a higher class effective within thirty (30) calendar days of a step increase within the lower class range shall be eligible first to receive the within range increase and then the higher step as provided in this section, providing that the employee's performance was satisfactory for salary advancement in the lower class and that the higher class is reasonably within the career path of the lower class which shall be determined by the City Manager.
B. Demotion: Employees may only be demoted for purposes of employee discipline or layoff. An employee who is demoted to a position in a class with a lower salary range shall be reduced in salary to the step in the lower-class salary range as follows:
i. Disciplinary demotions may be assigned to any salary step in the lower-class range which is at least one (1) step less than that received in the class from which demoted. A new anniversary date shall be established on the effective date of the demotion.
C. Transfer: An employee who is transferred from one position to another position in the same class, or to another position in a class having the same salary range and substantially similar duties, shall be compensated at the same step in the salary range as previously received without a change in the anniversary date.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 22 07/01/225 to 06/30/258
D. Reinstatement/Reemployment: An employee who is reinstated or reemployed in a position previously occupied pursuant to the City's Personnel Rules and Regulations shall receive not more than the step in the salary range received prior to separation, and a new anniversary date shall be assigned based on the reinstatement or reemployment date.
E. Range Assignment Change
i. Whenever a class is reassigned to either a higher or lower salary range by the City Council, the salary of each incumbent in such class on the effective date of the reassignment shall be adjusted accordingly. If the position is reassigned or reclassified to a higher range, and the incumbent is appointed to the position, the incumbent’s salary shall be the step in the new range that is closest to their current salary without being lower and the same anniversary date shall be retained. If the position is reassigned to a class having a lower salary range, the salary and anniversary date of the employee shall not change, and the salary of the employee shall be designated as a "Y" rate and shall not change during continuous regular service until the salary of the new position exceeds the employee's present salary.
ii. When a salary range reassignment becomes effective within thirty (30) calendar days of an employee's salary anniversary date, the employee shall first receive the within range step increase and then receive the corresponding step adjustment, provided that the employee's performance was satisfactory for salary advancement upon eligibility for step increases.
F. Compensation Upon Reclassification: The salary of an employee in a position that is reclassified shall be determined as follows:
i. If the position is reclassified to a class with the same salary range as the previous class, and if the incumbent is appointed to the reclassified position, the salary rate shall apply to a change of class title.
ii. If the position is reclassified to a class with a higher salary range , and the incumbent is appointed to the position, the incumbent’s salary shall be the step in the new range that is closest to their current salary without being lower as of the date upon which the reclassification becomes effective. The employee shall receive a new anniversary date upon reclassification in this manner.
iii. If the position is reclassified to a class with a lower salary range than the previous class, and if the incumbent is appointed to the reclassified position, the employee's salary shall not change. If the employee's salary is greater than the maximum step of the lower salary range, the employee's salary shall be "Y" rated until such time as any general cost -of-living increase, inequity adjustment, or other salary increase results in a monthly salary appropriate for the class. The employee's salary anniversary date shall not
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 23 07/01/225 to 06/30/258
change and shall not require a new probationary period.
G. Compensation for Working in A Higher Classification ( Acting Pay)
i. On occasion an employee may be required to perform duties of another classification with a higher salary range because of a temporary vacancy in that position. In such cases, the employee’s salary will be adjusted to compensate for the higher level of duties.
In order to receive adjusted compensation for working in a higher classification the employee must be assigned in writing by the department head, assume and perform substantially all the duties and responsibilities of the position, and perform them for at least one week (five consecutive working days).
Compensation for working in a higher classification shall consist of a flat five percent (5%) incr ease above the employee’s current salary or the lowest salary within the higher salary range, whichever is greater, but not to exceed the maximum of the range established for the higher classification.
ii. Work periods in higher-class assignments shall not apply toward seniority or time-in-class consideration for promotional or layoff purposes as regard the higher class.
iii. If an employee and his/her department head agree that the employee be assigned on a temporary basis for training purposes, no compensation will be due the temporarily assigned employee. In no case shall such training be for more than thirty (30) calendar days. After two (2) weeks a progress report will be given to the employee in order to evaluate the employee's success in the training program.
16. Uniform Allowance
A. Effective the first full pay period starting July 2023, payment of the annual uniform and boot allowance shall be made on or about July 20.
B. When the City requires employees to wear uniforms, the City agrees to provide employees with an annual uniform allowance of $3 50.00.
C. When the City requires employees to wear work boots, the City will provide employees with an annual boot allowance of $325.00.
D. Nothing in this section shall prohibit the City from providing uniforms and/or work boots for employees at City expense.
D.E. A new employee who is required to wear a uniform and/or boots will be entitled to a pro-rated amount of the uniform and/or boot allowance based on the number of full months remaining in the fiscal year. This payment will be made within one month of
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 24 07/01/225 to 06/30/258
the employee’s date of hire.
E.F. This section shall be administered pursuant to procedures established by the Cit y Human Resources Department.
17. Mechanics Tool Allowance
Permanent City employees in the class of Mechanic shall receive an annual tool allowance of $1,000. The purpose of this tool allowance is to reimburse Mechanics for expenses incurred in the purchase, upgrade and maintenance of personal hand tools.
A. Each Mechanic shall maintain a set of adequate and appropriate hand tools to be used in the performance of his/her duties as a Mechanic with the City. Such tools are and shall remain the property of each Mechanic.
i. At least once each year, each Mechanic shall submit an inventory of personal hand tools (Tool List) to the City. The Tool List shall identify all hand tools used by the employee in the performance of his/her duties as a Mechanic with the City.
ii. When a Mechanic purchases new hand tools, it is the responsibility of the Mechanic to update his/her Tool List and submit it to the City.
iii. The parties agree to form a joint labor-management committee to advise the City on tools to be purchased and maintained by mechanics and tools to be purchased and maintained by the City.
B. Damaged individual tools not covered by manufacturer’s warranty will be reimbursed by the City up to $300 per fiscal year per Mechanic; provided, however, that the Tool List for the Mechanic requesting reimbursement describes in sufficient detail each tool for which reimbursement is claimed.
C. Mechanics may submit claims for the replacement of tools lost due to a catastrophic event such as fire or flood, or for the theft of their entire toolbox, pursuant to Article XIV, Section 2.
D. The annual tool allowance shall be paid at the same time that Uniform Allowance is paid.
18. Reimbursement for Use of Personal Vehicle
When the City requires an employee to use his/her personal vehicle on City business, the employee shall be reimbursed at the Internal Revenue Service (IRS) rate.
19. Cell Phone
A department head, with City Manager approval, may approve the issuance of a city cell
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 25 07/01/225 to 06/30/258
phone or may authorize the use of the employee’s personal cell phone for work purposes. If an employee opts to use his/her personal phone for work purposes the City will provide employee with a monthly cell phone stipend of $50.00. The monthly stipend shall cover expenses, charges, maintenance and replacement of the employee’s phone including damage, loss, theft or other operational issues affecting the phone during private use or during the course and scope of employment. If an employee opts to use his/her personal cell phone, employee will provide the cellular phone record of business calls during work hours upon request of the City.
20. Night Shift Differential
The City agrees to meet and confer with the Union at such time that a second shift is added to the Sewer, Water, Fleet, or Streets Divisions. The goal is to implement a night shift differential with terms acceptable to both IUOE and the City.
21. Bil-Lingual Pay
A. The City may authorize bilingual pay when it is determined to be appropriate for its operation. The City shall determine what languages are appropriate for such pay and the number of employees to be certified. To be eligible for bilingual pay the employee must be determined to be verbally proficient, and if necessary for the assignment, proficient in the written language. The City will select employees who may be eligible for bilingual pay for certification and testing as it deems appropriate.
B. To qualify, the employee must agree to utilize their bilingual ability whenever the City determines doing so will facilitate the City's operation. Such agreement will be in writing.
The City may terminate the assignment at any time, with or without cause. Employees directed to utilize their bilingual skills, but have not been selected for bilingual pay or have had their bilingual pay terminated, may refuse to provide bilingual services. Any disagreement over decisions made by the City under this section shall be submitted to Human Resources. The decision of Human Resources shall be final. However, disagreements over payment or non-payments of bilingual pay to employees on a bilingual pay assignment pursuant to this section are subject to the grievance procedure contained herein.
C. Employees selected for bilingual pay will receive Bilingual Pay in the amount of $100 (one hundred dollars) per month starting the first full pay period after the City receives the certification.
The parties agree during the term of this Agreement to set up a process whereby employees may track the use of bilingual skills, and to meet and confer if the use of bilingual skills become a regular (defined as daily use) part of the employee’s duties and responsibilities.
22. Classification Survey
A. The City agrees to conduct a classification survey of benchmark classes represented by IUOE. The classification survey shall be concluded not later than
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 26 07/01/225 to 06/30/258
180 days prior to the expiration of this MOU. The parties agree to meet to determine benchmark classes to be surveyed.
B. The purpose of the classification survey is to identify the duties and responsibilities of each benchmark classification, and the skills, abilities, education and experience necessary to perform the job. The parties intend to address the need for a Street Maintenance Worker classification series and the corresponding job descriptions as part of this classification study.
23.22. Market Survey
A. The cCity agrees to conduct a market survey of agreed upon benchmark classes as determined by the parties in 2025IUOE, Local 39, and the City of Folsom in Article VI, Section 22, Item A above. The market survey shall be concluded not later than 120 days prior to the expiration of this MOU. The City will conduct its market survey on the benchmark classifications which were not included in the City’s 2025 market survey.
B. The purpose of the market survey is to determine the relationship of the total compensation for employees in the benchmark job classifications identified in Article VI, Section 22, Item A above when compared to comparable job classifications in the following agencies: City of Vacaville, City of Fairfield, City of Rocklin, City of Roseville, City of Sacramento, City of West Sacramento, and County of Sacramento.
C. Compensation, for purposes of this survey, shall constitute the following elements:
a. Monthly base salary (top step in the salary range)
b. Maximum monthly contribution to health insurance (medical, dental, and vision)
c. Uniform Allowance, broken into monthly equivalents.
d.c. Employere monthly payment of employee share of retirement. e.d. Maximum Education/Certification Incentive Pay, broken into monthly equivalents.
e. Any significant special pays, broken into monthly equivalents. f. The City’s contribution towards employee Social Security. g. Maximum longevity pay.
f.h. Maximum employer contribution to deferred compensation.
D. Items e & f in Section 23, Subsection C above are is for informational purposes only, not to be used in the calculation of total compensation. Survey results will identify the mean (average) median and relative ranking of the base salary and total compensation, by classification, comparing the City of Folsom to those agencies identified in Article VI, Section 2 3, Item B above. The parties agree to meet and confer over survey results.
24.23. Deferred Compensation
For employees participating in the City’s deferred compensation program, the City agrees to
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 27 07/01/225 to 06/30/258
make a matching contribution up to a maximum of $100.00 per month.
Article VII. RETIREMENT
1. Public Employees Retirement System (PERS)
A. Retirement Formula
i. All mMiscellaneous employees hired by the City of Folsom on or prior to June May 1630, 20101, shall receive the retirement benefit of
2.7%@55. All mMiscellaneous employees designated by CalPERS as Classic members hired by the City of Folsom on or after July May 17, 20101, but prior to January 1, 2013 ,who qualify as CalPERS Classic members, shall receive the retirement benefit of 2%@55. All Miscellaneous employees brought into CalPERS membership for the first timehired by the City of Folsom on or after January 1, 2013, who are CalPERS PEPRA members, shall receive the retirement benefit of 2%@62 or as specified in the California Public Employee's Pension Reform Act of 2013 (PEPRA).
ii. All Miscellaneous employees hired by the City of Folsom on or prior to June 30, 2010May 16, 2011, shall receive the retirement benefit based on the single highest twelve (12) months of compensation. All Miscellaneous employees hired by the City of Folsom on or after July 1, 2010May 17, 2011, shall receive the retirement benefit based on the employee's highest average monthly compensation during thirty- six (36) consecutive months of employment as provided in state law pertaining to CalPERS.
B. Retirement Contributions
i. All mMiscellaneous employees hired by the City of Folsom on or prior to May 16, 2011, shall pay 8% of the employee share of retirement.
i.ii. Miscellaneous employees hired by the City of Folsom on or after May 17, 2011, who qualify as CalPERS Classic members, shall pay 7% of the employee share of retirement.
ii.iii. Miscellaneous Eemployees who are CalPERS PEPRA members hired under the 2%@62 formula shall pay the employee share of retirement as specified and adjusted by PEPRACalPERS.
C. EPMC
Pursuant to Government Code section 20691, the City agrees to include the amount
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 28 07/01/225 to 06/30/258
of the City’s payment of the employee’s final year of compensation for PERS retirement computation purposes.
2. Retirement Optional Settlement 2W Death Benefit (Survivors)
The City agrees to continue to provide the Pre-Retirement Optional Settlement 2W Death Benefit pursuant to Government Code Section 21548.
3. Use of Accrued Leave Time Pending Retirement
A. With prior approval of the City Manager or designee, employees who have declared their intention to retire from employment with the City of Folsom may use accrued Annual Leave or CTO to extend their retirement da te beyond the last day worked.
B. Notwithstanding any other provision of this Memorandum of Understanding, accrued Annual Leave or CTO used to extend a retirement date shall not result in the accrual of additional leave time.
C. Requests to extend a retirement date pursuant to this section shall be submitted to the City Human Resources Department. This provision shall be administered pursuant to procedures established by the City Human Resources De partment.
4. Retiree Health Insurance
A. Employees hired on or prior to May 8, 2007 , who retire 1 from City service may participate in City health insurance plans made available by the City for active employees until age 65 . At age 65, retirees are required to move to a Medicare Advantage Plan per Article VII, S ection 4.A.ii.b. to continue participation in the retiree health insurance program. The amount of the City’s monthly contribution shall be determined as set forth below. Any costs that exceed the maximum paid by the City towards retiree health insurance costs shall be borne by the retiree.
i. Employees who retire with less than 5 years of service shall not be eligible to receive any City contribution toward the cost of retiree health insurance.
ii. Employees who retire with more than 5 years of service2 shall qualify for a monthly City retiree health insurance contribution.
a. Subject to the maximum set forth in Item A(iii) below, the City retiree health insurance contribution shall be as follows:
• Retiree only – an amount equal to the City’s contribution
1 “Existing employees” are exclusively permanent and/or probationary employees of the City of Folsom hired on or before May 8, 2007. “Retire” or “retiree” is defined as any classified City employee who (1) applies for retirement with the Public Employees’ Retirement System (PERS) within ninety (90) days after terminating employment with the City; and (2) receives a PERS retirement benefit. 2 “Service” is defined as full time (or equivalent) continuous permanent and/or probationary employment status with the City of Folsom.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 29 07/01/225 to 06/30/258
towards active employee health insurance for the category of “employee only.”
• Retiree and one dependent – an amount equal to the City’s contribution towards active employee health insurance for the category of “employee plus one.”
• Retiree and two or more dependents – an amount equal to the City’s contribution towards active employee health
insurance for the category of “employee plus two or more” until the retiree reaches age 55. Thereafter, the City’s contribution towards a retiree with two or more dependents shall be an amount equal to the City’s contribution towards active employee health insurance for the category of
“employee plus one” plus $100.
b. Retirees and their covered family members who are Medicare eligible must move to an offered Medicare Advantage Plan option when they reach Medicare eligibility. These plans require that they enroll and pay for Medicare parts A and B. Retirees are responsible for showing proof of Medicare enrollment as required by the carrier.
Medicare eligible retirees will be dropped from the City’s non - Medicare plan upon Medicare eligibility and/or charged any additional costs associated for noncompliance by the plan carrier.
iii. Effective January 1, 2012, the City’s monthly contribution toward the cost of retiree health insurance shall not exceed the maximum monthly contribution paid by the City to active employee health insurance for the categories of employee only (for retiree only), employee plus one (for retiree plus one dependent), and employee plus two or more until age 55 and employee plus one plus $100 after age 55 (for retiree plus two or more dependents).
a. The January 1, 2012, cap for each category shall be adjusted each January thereafter by an amount not t o exceed 3%, depending on the percent increase in the Consumer Price Index (CPI), U.S. Department of Labor, for November – November of the previous year, Index CPI -W, Urban Wage Earners and Clerical Workers, Series #CWUR0400SA0, United States. (Example, if the cost of living for the specified period increases by 2%, the cap shall be increased by 2%. If the cost of living for the specified period increases by 4%, the cap shall be increased by 3% [cost of living increases in the cap shall be rounded to the nearest tenth ]).
B. The City shall contribute $25 per pay period into the HRA for each probationary/permanent employee hired after May 8, 2007.
5. Retiree Dental and Vision Insurance
Effective September 1, 2019, employees who retire from City service must have at least 120 months of continuous service as a City employee to qualify for dental and vision insurance
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 30 07/01/225 to 06/30/258
benefits provided to active employees. The City shall contribute 5% of the premium per year of City service, up to an 80% City contribution.
6. Out of Area Health Premium Plan
A. OAHPP shall work in conjunction with the Health Retirement Reimbursement Account Arrangement (HRA) provided by the City to active employees. Each OAHPP retiree will obtain a participant account.
B. Only retirees who (a) are not eligible for Medicare who reside live outside of the service are as defied by the City health insurance carriers plan area; (b) qualify for rRetiree health cCoverage pursuant to Article VII, Section 4; and (c) agree to disenroll from the current group medical benefit plan for retiree health coverage may participate in OAHPP.
C. Once a retiree opts to participate in OAHPP, the retiree shall thereafter be prohibited from returning to retiree health coverage.
D. The City will contribute to the retiree’s participant account on a monthly basis in an amount equal to the amount of the City’s contribution for employee only or employee plus one (1) coverage, based on the retiree’s marital status at the time of OAHP P election. Spouses may not be added later Eligible dependents not covered at the time of election will not be added at a later date. Annual confirmation of dependent eligibility will be required. The City’s contribution would be used for premiums to obtain health coverage and other qualified out-of-pocket medical expenses. Under no circumstances shall the contribution be higher than the City paid premiums for similarly situated in -area employees. The retiree shall be responsible for administrative costs established by the HRA plan administrator.
E. Upon the death of, or martial dissolution from, the retiree’s spouse on record at the time of election to participate in the OAHP P, the funding level will be adjusted to employee only. Subsequent spouse(s) from any subsequent marriage(s) (i.e. post initial OAHPP election) shall not be eligible to participate and funding will remain at employee only. In the event of the retiree’s death, surviving spousal benefits will conform to City practices applicable to employees participating in City plans. Should the retiree obtain coverage from another source (e.g. coverage by spouse), the funding will cease and will not be reinstated.
F. Rules and procedures governing OAHPP shall be determined and administered by the City’s Human Resources Department. Disputes regarding the OAHPP shall be appealed to the City Manager or designee and shall not be subject to arbitration.
G.
H. As an option to the OAHP P, retiree s who qualify for retiree health coverage pursuant to Article VII, Section 4, may elect the Aetna PPO plan during annual enrollment and prior to moving out of state. The retiree must then keep Aetna as their provider until such time as they move back into the regions covered by whoever are the City health providers at the time, and may elect another provider during the next open enrollment. It is understood by both parties that this option is
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 31 07/01/225 to 06/30/258
available only in accordance with the rules and procedures of Aetna and only as long as Aetna chooses to be a provider for the City.
I.F.
Article VIII. INSURANCE
The City’s obligation for health, dental, vision, life and disability insurance coverage is limited to plan contribution. Plan content , including eligibility criteria, is determined by the respective carriers.
1. Health Insurance
A. The City’s maximum monthly contribution for active employee health coverage for the year 2025 is as follows:
Employee only: $754
Employee plus one: $1,506
Employee plus family: $1,955
B. The City’s maximum monthly contribution for active employee health insurance will be adjusted annually. If there is an increase in the Kaiser HMO monthly premium, the City will cover 50% of the increase, adding it to the previous year’s contribution for employee-only, employee plus one, and employee plus two or more coverage levels. The final amount will be rounded to the next whole number. The employee is responsible for the difference between the applicable premium and the City’s contribution. If there is no premium increase, the City’s contribution remains unchanged.
Example:
If the previous year’s City contribution for the employee -only coverage was $500 and the Kaiser HMO premium increased by $20, the new City contribution would be:
$500 + (50% of $20) = $500 + $10 = $510
Effective March 1, 2011, as demonstrated in the example below, the City’s maximum monthly contribution for active employee health insurance coverage shall be adjusted annually to an amount equal to 50% of the increase, if any, above the prior year’s Kaiser monthly premium rate combined with the City’s prior year contribution amount for employee only, employee plus 1, and employee plus 2 or more (rounded to the next whole number). The employee is responsible for the difference between the applicable premium and the City’s contribution.
Example:
Employee only category: The 2010 monthly premium for Kaiser employee only is $507.89 and the City’s maximum monthly contribution is $486.00. If this premium
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 32 07/01/225 to 06/30/258
increases by 10% for 2011, or to $558.68, the City’s contribution for 2011 for the employee only category would be computed as follows: $558.68 - $507.89 = $50.79, $50.79 x 50% = $23.40, $486.00 + $23.40 = $509.40. After rounding to the next whole number, the City’s maximum contribution for health insurance for the employee only category would be $509 per month. If the premium increases by 10% for 2012, or to $614.55, the City’s contribution for 2012 for the employee only category would be computed as follows: $614.55 - $558.68 = $55.87, $55.87 x 50% = $27.93, $509.00 + $27.93 = $536.93. After rounding to the next whole number, the City’s maximum contribution for health insurance for the employee only category would be $537 per month.
Employee plus 1 category: The 2010 monthly premium for Kaiser employee plus 1 is $1,015.78 and the City’s maximum monthly contribution is $972.00. If this premium increases by 10% for 2011, or to $1,117.36, the City’s contribution for 2011 for the employee plus 1 category would be computed as follows: $1,117.36 - $1,015.78 = $101.58, $101.58 x 50% = $50.79, $972.00 + $50.79. = $1,022.79. After rounding to the next whole number, the City’s maximum contribution for health insurance for the employee plus 1 category would be $1,023 per month. If the premium increases by 10% for 2012, or to $1,229.10, the City’s contribution for 2012 for the employee plus 1 category would be computed as follows: $1,229.10 - $1,117.36 = $111.74, $111.74 x 50% = $55.87, $1,023.00 + $55.87. = $1,078.87. After rounding to the next whole number, the City’s maximum contribution for health insurance for the employee plus 1 category would be $1,079 per month.
Employee plus 2 or more category: The 2010 monthly premium for Kaiser employee plus 2 or more is $1,320.52 and the City’s maximum monthly contribution is $1,263.00. If this premium increases by 10% for 2011, or to $1,452.57, the City’s contribution for 2011 for the employee plus 2 or more category would be computed as follows: $1,452.57 - $1,320.00 = $132.57, $132.57 x 50% = $66.29, $1,263 + $66.29 = $1,329.29. After rounding to the next whole number, the City’s maximum contribution for health insurance for the employee plus 2 or more category would be $1,329 per month. If the premium increases by 10% for 2012, or to $1,597.83, the City’s contribution for 2012 for the employee plus 2 or more category would be computed as follows: $1,597.83 - $1,452.57 = $145.26, $145.26 x 50% = $72.63, $1,329 + $72.63 = $1,401.63. After rounding to the next whole number, the City’s maximum contribution for health insurance for the employee plus 2 or more category would be $1,402 per month.
A. Employees who select a health plan with higher monthly premiums than the maximum monthly premium paid by the City (Section A above) shall pay the difference through payroll deduction. Should employees select a health plan with lower monthly premiums than the ma ximum monthly premium paid the City, the City’s contribution shall be limited to the cost of the monthly premium.
B.C. Notwithstanding Section 1, Item A, the City's maximum monthly contribution for active employee health insurance coverage shall not be reduced more than eighty percent (80%) of the Kaiser premium cost for the employee only category, employee plus 1 category, or employee plus 2 or more category. Employees who enroll in a
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 33 07/01/225 to 06/30/258
health plan with a higher monthly premium than the City’s maximum monthly contribution as established under part A and B above shall pay the difference between the maximum contribution amount and the cost of the premium through payroll deductions.
C.D. The City will maintain an IRS 125 Dependent & Medical Reimbursement Account.
Employees may participate in the account pursuant to administrative procedures established by the City.
D.E. Employees who retire from City service must have at least 120 months of continuous service as a City employee to qualify for the dental and vision benefits provided to active employees.
2. High Deductible Health Plans
A. The City agrees to offer two High Deduct ible Health Benefit Plans offered by the health benefit plan carriers.
B. The City agrees to make available a Health Savings Account (HSA) to eligible active employees who select either of the High Deductible Health Benefit Plans.
C. Fifty percent (50%) of the difference between the City's monthly contribution towards the cost of the Kaiser HMO Health plan premiums as set forth in Article VIII, Section 1 of the MOU and the monthly premium for a High Deductible Health Plan shall be contributed into the employee's HSA. The City shall make this contribution through June 30, 2022, after which this Section shall sunset.
D. Tax status of contributions, contribution amounts, and use of HSA funds shall be in accordance with federal and state law.
3. Health Insurance – Cash Back
A. Probationary or permanent employees, who certify to the Human Resources Department that they have group health insurance coverage with comparable benefits to health plans offered by City, may decline to participate in Ci ty health insurance coverage.
B. Employees who decline to participate in City health insurance coverage shall receive a cash back payment from the City of $250 per month for each month the employee does not participate in City health insurance coverage.
C. Employees who have declined to participate in City health plan coverage pursuant to this section may enroll in City health plan coverage only during the annual open enrollment period.
D. This section shall be administered pursuant to procedures established by the Ci ty Human Resources Department.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 34 07/01/225 to 06/30/258
E. Employees who decline health insurance coverage shall continue to be eligible to participate in the City’s vision and dental plans.
F. An employee whose spouse is employed by the City and receives health insurance is also eligible to receive the cash back payment.
4. Dental Insurance
Dental insurance will be provided by Delta Dental. The City will contribute 80% of the monthly premium for an employee, employee and dependent, or employee and family as set forth in the plan document. Employees will contribute 20% of the monthly premium . The Plan will provide maximum coverage of $1,750 per year for employees/dependents who patronize Preferred Provider Program participating dentists. Employees/ dependents that choose non -participating dentists shall have a coverag e maximum of $1,500 per year .
Otherwise, the City’s obligation for dental insurance coverage is limited to dental plan contributions. Delta Dental Services, Inc. shall determine dental plan coverage.
5. Vision Insurance
Vision coverage will be provided by Vision Services Plan (VSP). The City will contribute 80% of the monthly premium for an employee, employee and dependent, or employee and family as set forth in the plan document. Employees will contribute 20% of the monthly premium. Otherwise, The following elements shall provide the basis of VSP coverage:
One eye exam every 12 months;
One set of lenses every 12 months;
$150 allowance/wholesale basis for frames; and the City’s obligation for vision insurance coverage is limited to plan contributions. VSP shall determine Vision insurance coverage.
A. A co-pay of $5.00 per visit.
6. Life Insurance
The City agrees to provide 100% of the monthly premium rate for $60,000 Life Insurance and Accidental Death and Dismemberment (A D & D) coverage for employees represented by the Local 39, and $2,000 for each eligible dependent as provided in the plan document.
7. Short Term Disability Insurance
The City agrees to provide a Short -Term Disability Insurance Program as provided in the plan document, with the City paying 100% of the monthly premium rate for the weekly indemnity insurance program (short term disability) of up to 60% of salary for 26 weeks.
The maximum payment is subject to plan agreement. The waiting period for initiation of benefits under the plan shall be 12 calendar days. Any change in the Short-Term Disability Insurance plan that results in changes to the disability benefit is subject to meeting and conferring with IUOE.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 35 07/01/225 to 06/30/258
8. Long Term Disability Insurance
The City agrees to provide a long -term disability program for employees in the Miscellaneous Unit as provided in the plan document. The plan shall provide for a maximum benefit of 60% of salary, up to age 65. The maximum payment on this plan is subject to plan agreement. Any change in the Long Term Disability Insurance plan that results in changes to the disability benefit is subject to meeting and conferring with IUOE.
9. Domestic Partner
For purposes of insurance coverage, “dependent” shall include a domestic partner who has been certified by the Secretary of State’s Office pursuant to Family Code sections 297 et seq.
10. Health Benefits Labor-Management Committee
A. The parties agree to participate in a joint Health Benefits Labor -Management Committee to review existing health benefit programs, including, but not limited to, cost containment, direct contracting for health benefit plans, creation of a health benefits cafeteria plan (Section 125), and creation of an out of area health premium plan. The Health Benefits Labor -Management Committee shall be open to all employee organizations representing City employees. IUOE may select up to two City employees to participate in Committee meetings. Employees who participate in Committee meetings shall do so without loss of compensation.
B.
C. The parties agree to convene the City -Wide Health Benefits Committee no later than March 31, 2023, to discuss modifying the current healthcare formula.
D.A.
Article IX. HOURS, HOLIDAYS AND LEAVES
1. General Hours of Work
The City Manager, upon consultation with affected department heads, shall be responsible for assigning or modifying the work schedules. Unless otherwise prescribed in writing by the City Manager, the workday, work shift, workweek, and work schedule for each position shall be as follows:
A. Workday for full -time positions shall be eight (8) hours except as otherwise approved by the City Manager.
B. Work week for full-time positions shall be forty (40) hours except those employees working under an approved flexible schedule (subparagraph 3 and 4 below).
C. Work schedules for each position shall be as established by the department head that may change such schedules from time to time based on the needs of
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 36 07/01/225 to 06/30/258
departmental operations and approval of the City Manager. A department head, with seven (7) days prior notice, may require an employee to work an unscheduled day/shift and receive an otherwise scheduled workday/shift off in which case the day/shift worked shall not be considered compensable at the overtime rate of pay.
2. Accrued Furlough Leave
Any furlough time earned by employees and still remaining on the books may be used by employees for time off on an hour for hour basis until the employee has exhausted the bank.
Furlough time shall have no cash value and may not be cashed out. If an employee separates from employment with the City, any furlough time remaining in the bank shall be surrendered with no value to the employee.
3. Flexible Schedules
Employees may request to adjust their work schedule up to eight (8) hours within a workweek. For purposes of this section, “workweek” is defined as Sunday through Saturday for forty hours. Schedule adjustments are subject to prior notice and approval of the employee’s supervisor and must not adversely impact department operations. Time worked in excess of normally scheduled department hours in a day that is for the express purpose of making up time shall not count towards daily overtime calculation. It is understood that if an employee works less than forty hours in the workweek, their leave balances may be reduced accordingly.
4. 9/80 Alternative Work Schedule
A. Alternative work schedules can include a 9/80 or 4/10 work schedule. A 9/80 work schedule is a schedule where an employee is scheduled to work four nine-hour work shifts for a total of thirty -six hours during one work week, and four nine -hour work shifts and one eight -hour work shift d uring the following work week. A 4/10 work schedule is a schedule where an employee is scheduled to work four ten-hour work shifts during one work week.
B. Implementation of an alternative 9/80 work schedule shall be at the sole discretion of the City Manager. An alternative 9/80 work schedule must not adversely impact the operations of City government, to and including impairment of City services to the public, incurring additional overtime or other costs to City government, proper supervision and training of employees, and the efficient use of City facilities.
C. Local 39 employees may request in writing to work a n alternative 9/80 work schedule on a form provided by the City. The City will respond in writing to the request with an approval or disapproval and explanation within 30 calendar days of the request.
D. This section may not be grieved beyond the City Manager or designee and is not subject to arbitration.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 37 07/01/225 to 06/30/258
5. Report to Duty Station
Employees are expected and required to report to their prescribed work location at the designated time work activities are scheduled to commence. Tardiness, unexcused absence and failure to report as described in the City's Personnel Rules and Regulations may be grounds for disciplinary action. In the event an employee cannot report to work at his/her scheduled start time, the employee shall notify the immediate supervisor as soon as possible and at least forty -five (45) minutes prior to the start of a shift , or not later than fifteen minutes after the start of the day's/shift's work at which time the employee shall give reason for the absence and return date.
6. Unauthorized Absence from Work
Employees who are absent from assigned workstations and schedules for three (3) consecutive workdays, without official leave approval, shall be considered absent without leave. In such cases the department head shall give notice in person or by mail to the absent employee by first class mail to the employee's last known address, notifying the employee to report to work or give good reason why work cannot be resumed by the next workday/shift after receipt of such notice. Should the employee fail to respond by the next workday/shift after notice, or should such notice be returned to the City as undeliverable, such employee shall be deemed to have abandoned his/her position. Conversely, should such employee return to work following an unauthorized absence, the employee may be subject to disciplinary action.
7. Meal Periods
A. Employees who work an (8) hour workday or more may be allowed an unpaid meal period of not less than 30 minutes nor more than 60 minutes which shall be scheduled by the City as near as possible to the middle of the work shift. Meal periods may be cancelled if there is an emergency or other operating need. When an employee's meal period is cancelled, the cancelled employee's meal period shall be added to the employee's normal workday and the employee shall be paid overtime pursuant to the overtime provisions contained in this Memorandum of Understanding for the cancelled meal period.
B. It shall be the responsibility of each employee to be at the work site and prepared to begin work at the conclusion of the meal period.
C. All permanent employees required to work a minimum of two hours prior to or after their normal work shift shall be provided an additional overtime meal period or, at the City’s discretion, the City shall provide a meal for the employee at the employee’s assigned work site. Consistent with this section, additional overtime meal periods or meals shall be provided every four hours thereafter as needed.
8. Rest Periods
A. Employees shall be allowed rest periods not to exceed fifteen minutes generally in
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 38 07/01/225 to 06/30/258
the middle of each four consecutive hours of work. Rest periods may be cancelled by the City if there is an emergency or other operating need.
B. The City shall determine when the rest period is to be taken. Except with the consent of the City, an employee shall not leave his or her assigned work location.
C. Rest periods shall be considered hours worked. Rest periods not taken shall not be accumulated or used for overtime purposes.
9. Emergency Work Hours and Duty Assignments
A. Many classes of employment in City service are subject to routine or periodic emergency callback work as an inherent and integral part of their assigned job responsibilities in order to provide continuous public services deemed to be necessary and appropriate by the City Manager. Classes and positions in City service subject to emergency work hours shall be designated by the City Manager.
B. Employees who occupy positions designated for emergency work hours, including call-back, shall be required to keep the City apprised of a current telephone number where they can be normally reached during off -duty hours, and such employees shall be required to respond to such emergency work calls by the City within a reasonable amount of time, unless the employee is incapacitated or can give other just cause for not responding. Standby requirements shall be consistent with the Fair Labor Standards Act (FLSA).
10. Annual Leave Program
A. Employees shall receive the following Annual Leave credits:
Length of Service Annual Leave Allowance
0 – 5 years 16 hours per month
5 –10 years 18.68 hours per month
10-15 years 21.34 hours per month
15+ years 24 hours per month
B. Except as specified in Article IX, Section D below, employees shall not accrue sick leave. However, employees who have accumulated sick leave hours shall retain such hours and may use such leave credits pursuant to Article IX, Section 11, Sick Leave, of this MOU.
C. Annual leave credits may be used for any approved absence, including vacation and illness or injury. When annual leave is used for vacation, it will be scheduled pursuant to City Personnel Rules; however, total class seniority shall be considered as one (1) of the factors by supervisors in resolving conflicts in scheduling of vacation requests. When annual leave is used for illness or injury leave (e.g., sick leave) purposes, it will be taken pursuant to Article IX, Section 11, Sick Leave, of the MOU.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 39 07/01/225 to 06/30/258
D. There shall be an annual leave cap of 320 hours .
i. In the event the City does not approve annual leave for an employee in an amount sufficient to reduce accumulated annual leave to 320 hours, the number of hours that exceed 320 hours shall be rolled over into sick leave until the annual leave balance is reduced to the 320-hour cap.
E. Non-shift Eemployees may cash out up to 640 hours of annual leave per fiscal year.
Shift employees may cash out up to 76 hours of annual leave per fiscal year.
a. Annual leave shall be cashed out pursuant to procedures established by the City’s Human Resources Department. The request to cash out annual leave must be in the form of an irrevocable election to receive such payment by foregoing the same number of annual leave hours in the calendar year following election. The irrevocable election request must be submitted to the Human Resources Department prior to December 31st to be paid out the first pay period in December of the subsequent calendar year.
a.b. An employee will only receive the cash out amount if they have used at least 40 hours of annual leave during the calendar year in which the election is made.
F. Accrued annual leave shall be cashed out upon separation of employment with the City on an hour for hour basis.
11. Sick Leave
A. Sick leave may be used by employees for purposes enumerated in City Personnel Rules.
B. Consistent with PERS law, the City agrees to request that CalPERS amend the City's contract with CalPERS to permit sick leave to be converted to service credit for purposes of retirement (Government Code section 20965).
C. Accrued sick leave shall not be cashed out.
D. There shall be no maximum on the number of hours of sick leave an employee may accrue (bank).
12. Illness/Injury During Vacation Leave
An employee who becomes ill or injured while on vacation may have such period of illness/injury charged to the employee's accumulated sick leave rather than annual leave provided that, immediately upon return to duty, the employee submits to the department head a written request for sick leave accompanied by a signed statement from the employee's attending physician describing the types and dates of such illness/injury.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 40 07/01/225 to 06/30/258
13. Holidays During Annual Leave, Sick Leave or Disability
Observed holidays occurring during sick leave shall not be counted as a day of annual leave, sick leave, or disability, but shall be regarded as the taking of a holiday.
14. Annual Leave for Immediate Family Care
Classified employees may use their annual leave for the required care of immediate family members who are ill, injured, or have a pregnancy related medical need. The City may predicate the approval of such leave time on physician verification.
15. Funeral Leave
Classified full -time or promotional probationary employees may be granted use of a maximum of 24 hours from their annual leave bank for each such instance to attend the funeral of the employee's brother-in-law, sister-in-law, son-in-law, or daughter-in-law.
16. Bereavement Leave
Classified regular full-time or promotional probationary eEmployees may be granted use of a maximum of 40 hours of paid leave from their leave time bank s to deal with matters related to the death, or critical illness where death appears imminent, of any member of the employee's immediate family for each such instance. An immediate family member means spouse, domestic partner, cohabitant, child, stepchild, grandchild, parent, step parent, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, great grandparent, brother, sister, half-brother, half-sister, stepsibling, brother-in-law, sister-in-law, aunt, uncle, niece, nephew, or first cousin (that is, a child of an aunt or uncle). Additional time off for bereavement may be approved by the City Manager.
17. Disability Leave
Employee may be granted paid disability leave based on the following circumstances, terms, and conditions. The purpose of providing these programs of paid disability leave is to ensure that regular full -time employees have reasonable and equitable provisions concerning their job and economic security.
A. If a regular full-time employee is temporarily disabled by injury or illness arising out of and in the course of performing assigned job duties, the employee shall become entitled to a leave of absence while so disabled without loss of salary, less workers' compensation disability payments, for up to ninety (90) calendar days, commencing upon the third (3rd) calendar day after the injured employee leaves work as a result of the injury. However, if the disability necessitates hospitalization or the disability continues more than three (3) days, the aforesaid ninety (90) day leave of absence shall commence from the first (1 st) day the injured employee leaves work or is hospitalized as a result of the injury.
Employees injured on the job who are absent from work due to such disability for
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 41 07/01/225 to 06/30/258
less than three (3) days may utilize accrued annual leave or sick leave during such absence.
B. Following the initial ninety (90) day period of temporary disability, an eligible employee may elect to receive either workers’ compensation disability payments or full salary by supplementing their workers' compensation disability payment by use of accrued leave time on an hour-for-hour basis. Upon utilization of all accrued leave credits, the employee injured in the performance of assigned duties and who is entitled to compensation under the Workers' Compensation Insurance Act shall be continued on the rolls of the City without pay until workers' compensation is discontinued, or the employee reached permanent and stationary status, provided that the disability was not the result of the employee's willful violation of safety rules or negligent behavior.
C. Employees who are found to abuse or fraudulently use the privilege and benefits of the temporary disability program as prescribed shall be subject to disciplinary action, including termination from City service. The employee exercising these temporary disability provisions shall be required to provide the department head with a copy of the attending physician's report, which shall contain a description of the nature and anticipated duration of the disability and the employee shall keep the department head apprised of the medical condition at intervals prescribed.
18. Fitness for Duty
A. The City may require an employee to submit to a medical examination by a physician designated by the City to evaluate the capacity of the employee to perform the work of the employee's position. The cost of such an examination shall be paid by the City.
The physician shall make a written report to the City. Information provided by the City's physician shall be kept confidential. A copy of the physician's report shall be given to the employee.
After consideration of the report and other pertinent information, the City will take steps in accordance with State and Federal law regarding disabilities. If the City concludes the employee is unable to perform the work of his/her present position, the City may demote or transfer the employee to an appropriate position, including one of less than full time. If it is concluded that the employee is unable to perform the duties of his/her position and the employee cannot be demoted or transferred to another position, the employee's employment with the City may be terminated. Any such action shall be considered non -disciplinary. An employee who is terminated because he/she is unable to perform the duties of his/her position shall be placed on paid administrative leave until the date of separation.
An employee terminated pursuant to this section may elect, at the employee's cost, an examination by a physician of the employee's choice. If the employee's physician finds the employee fit to perform his/her job duties, the employee shall have the right to submit the matter to binding arbitration, pursuant to Article XVII, 4D of this MOU.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 42 07/01/225 to 06/30/258
After weighing the evidence submitted by both parties, the employee may be reinstated if the arbitrator determines that the employee is fit to perform the duties of his/her former position. Reinstatement shall not require current eligibility on any city employment list. The arbitrator may elect to pay the employee for some or all of the time between the termination date and the date of the arbitrator's award.
B. This section shall not supersede any rights and/or remedies the parties may have pursuant to the California Workers Compensation system and Labor Code.
C. The parties agree to meet during the term of this agreement to review policies and statutes that govern Fitness for Duty and ensure compliance with state law.
19. Maternity Leave
A. Employees are entitled to the following three types of leave during their pregnancy provided they meet the eligibility requirements for each leave. All of the following leaves may be taken incrementally. Leaves are taken consistent with state or federal law and this section is not intended to expand or reduce benefits provided in those statutes.
i. Pregnancy Disability Leave (PDL)
Duration: Up to four months (pro rata for part-time employees).
Eligibility: Requires that an employee be disabled due to pregnancy, childbirth, or related medical conditions. A physician must verify any pregnancy-related disability.
ii. Family Medical Leave Act (FMLA)
Duration: Up to twelve weeks in a twelve-month period.
Eligibility: Requires 12 months of employment and 1250 hours of service during the 12-month period immediately preceding the commencement of the leave.
iii. California Family Rights Act (CFRA)
Duration: Up to twelve weeks in a twelve-month period.
Eligibility: As provided in state law. CFRA leave can be taken all at once or incrementally for up t o one year after the birth of a child in two -week increments.
B. Reasonable Accommodation
An employee is entitled to a reasonable accommodation for pregnancy, childbirth, or related medical conditions if she requests such an accommodation and provides the City with medical certification from her health care provider. In addition to other forms of reasonable accommodation, a pregnant employee may request to transfer temporarily to a less strenuous or hazardous position or to less hazardous or strenuous duties . Such a request shall also be supported by proper medical certification and is contingent on the transfer being reasonably accommodated.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 43 07/01/225 to 06/30/258
C. Substitution of Paid Leave for Pregnancy-Related Disability Leave
An employee taking pregnancy-related disability leave may supplement her disability payments by integrating her leave balances. Integration of leave balances does not extend the total duration of the leave to which an employee is entitled.
D. Leaves Effect on Benefits
If an employee taking a pregnancy-related disability leave also is eligible for Family and Medical Leave, the employee is entitled to the City’s continuation of benefits up to a maximum of twelve (12) weeks in a 12 -month period.
E. Other Terms and Conditions of Pregnancy -Related Disability Leaves.
The provisions of the City’s “Family Care and Medical Leave” policy regarding the leave’s effect on pay, notice requirements and medical certification requirements also apply to all pregnancy-related disability leaves.
F. Return to Work
As a condition of an employee’s return to work from pregnancy disability leave, the City may require the employee to obtain a release to return to work from the employee’s health care provider. Employees who return to work from pregnancy - related disability leaves shall be reinstated to their former positions.
20. Jury Duty Leave
A. Employees who have been summoned or subsequently selected to serve on a jury shall receive their regular rate of compensation by the City for normal work hours and days or shifts during such absence from work, provided the employee endorses to the City that compensation received by the employee for jury duty service.
B. Employees will be allowed to retain any mileage compensation granted to them by the respective court jurisdiction to which they were summoned or selected for jury duty.
C. Employees summoned to jury duty must provide evidence of such summons and subsequent jury duty days away from work through their respective department heads to the City Manager.
D. Employees compensated by the summoning court jurisdiction for jury duty shall endorse such payments to the City in the same pay period the payment is received by the employee, in order to receive full City compensation as prescribed in "A" of this section. This payment endorsement is to be forwarded directly to the Finance Director by the employee.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 44 07/01/225 to 06/30/258
21. Leaves of Absence
A. Department heads may grant a regular full -time employee a leave of absence without pay or benefits related to employment for a period not to exceed one (1) calendar week. Such leaves shall be reported in writing to the City Manager.
B. Leaves of absence without pay or benefits related to employment for a period not to exceed three (3) consecutive months may be granted to regular full-time employees upon recommendation of the department head and approval of the City Manager.
Following the initial three (3) months, the leave of absence may be extended for a maximum of an additional six (6) months if recommended by the department head with approval by the City Manager. However, no such leave shall be granted except upon written request of the employee, setting forth the reason(s), circumstances and length of the requested leave.
C. Upon expiration of an approved leave of absence, the employee may be reinstated in the position held at the time leave was granted. Failure on the part of the employee on leave of absence to report for work promptly at the expiration of leave, or within a reasonable time after notice to return to duty, shall be cause for dismissal and the employee shall automatically waive all rights under these rules. The depositing of a first-class letter of notification to return to duty in the U.S. Postal Service addressed to the employee's last known address shall constitute reasonable notice.
i. The granting of any leave of absence without pay or benefits related to employment for any period exceeding one (1) full pay period shall result in setting of a new salary anniversary date for the employee. Such date shall be based on the employee's original salary date advanced by the number of calendar days leave in excess of one (1) full pay period.
D. Temporary Leave Pending Disciplinary Action: Notwithstanding the provisions of the aforementioned sections, upon the recommendation of the department head, the City Manager may approve the temporary assignment of an employee to a status of leave with pay, pending conduct or completion of such investigations or hearing as may be required to determine if disciplinary action is to be taken.
22. Catastrophic Time Donation
The purpose of the catastrophic time bank is to enable employees to receive and donate accrued annual leave, and compensating time off (CTO) credits, to assist employees who have no leave and who will suffer a financial hardship due to a prolonged illness or injury to themselves or a member of the immediate family as defined in Article VIII. The following conditions shall apply:
A. Individuals who request donated leave must do so in writing and have proper certification of need on file with Human Resources.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 45 07/01/225 to 06/30/258
B. Catastrophic Leave will be available only to employees who are unable to work due to a prolonged catastrophic non-industrial illness or injury which is estimated to last for at least thirty (30) calendar days and have exhausted all of their own paid leave through a bona fide serious illness or injury.
C. The time bank shall be administered by the City.
D. An employee may be on disability insurance and use the time bank credits in the same manner that annual leave is used to supplement disability insurance benefits.
E. All donations are to be confidential between the donating employee and the City.
F. Donations are limited to annual leave and compensatory time. Sick leave may not be donated under this plan. Employees donating to the time bank must have eighty (80) hours of annual leave available after making a donation. Donations are capped at no more than 320 hours total per calendar year to the individual requesting donations. Distribution will be on a payroll-to-payroll basis.
G. Donations should be a minimum of four (4) hours per each donation form submitted.
H. Donating employees must sign an authorization form (prepared by the City) and specify the number of hours and type of leave donated to the catastrophic leave bank. These hours are allocated to employees as needed, subject to the cap.
Employees who donate leave cannot designate which co-worker should receive the donated hours. Employees relinquish all rights and claims to hours donated.
I. Hours of donated leave shall be valued at the recipient’s regular base wage.
J. Donations shall be subject to applicable tax laws. An employee donating accrued leave or an employee receiving donated leave shall waive all tax liability of the City through the establishment of the catastrophic time donation program.
K. Availability of catastrophic leave time shall not delay or prevent the City from taking action to medically separate or disability retire an employee.
L. The City may require a physician's statement stating that the presence of the employee who is requesting catastrophic leave time to care for an ill or injured immediate family member is necessary.
23. Holidays
I. The following holidays shall be observed by the City with respect to all employees, except shift employees. City offices shall be closed on these days except as otherwise provided by the Department Head.
▪ New Year's Day (January 1)
▪ Martin Luther King Day
▪ President's Day (Washington's Birthday)
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 46 07/01/225 to 06/30/258
▪ Memorial Day
▪ Independence Day
▪ Labor Day
▪ Veterans Day
▪ Thanksgiving Day
▪ Friday following Thanksgiving Day
▪ December 24
▪ Christmas Day
▪ December 31
▪ One personal holiday
II. If any holiday falls on a Saturday, the preceding Friday shall be observed as the holiday; and if any such holiday falls on a Sunday, the following Monday shall be observed as the holiday.
III. If a holiday occurs on the employee's first normal day off, the employee shall take the preceding day as the holiday; however, if the holiday occurs on the employee's second consecutive normal day off, the employee shall take the following day as the holiday. This policy shall be adhered to where practical and may be modified only by written consent to other conditions by the department head with approval of the City Manager.
IV. Notwithstanding the above, eligible employees who are not able to take a designated holiday day off shall be credited with one (1) additional day of annual leave (8 hours) for each holiday not taken.
V. Employees shall be entitled to one (1) personal holiday (8 hours) per calendar year.
The personal holiday shall be taken in the same manner and under the same rules as compensating time, except that employees who have not completed their initial probationary period may not take their personal holiday until they have completed the probationary period.
VI. The following classifications Maintenance workers in the Solid Waste Division shall accrue 4 hours of compensating time off (CTO) on April 1 of each year : Refuse Driver, Senior Refuse Driver, Senior Maintenance Worker .
VII. No holiday pay shall be accrued when an employee has been off work for an unpaid status more than 90 days.
24. Federal and State Family and Medical Leave Acts
The City agrees to comply with the Federal and State Family and Medical Leave Acts.
25. Personal Leave Time
A. Any Personal Leave Time (PLT) earned by employees and still remaining on the books may be used by employees for time off on an hour -for-hour basis until the employee has exhausted the bank. Use of PLT time shall be subject to the following:
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 47 07/01/225 to 06/30/258
i. Use of PLT shall be subject to the operating needs of the City. ii. Use of PLT shall not cause the City to backfill behind an employee using PLT.
iii. PLT shall have no cash value and may not be cashed out. If an employee terminates employment with the City or retires, any PLT remaining in the bank shall be surrendered with no value to the employee.
Article X. TRANSFER AND PROMOTION
1. Transfer
A. The City reserves the right to transfer employees in accordance with the needs of the City.
B. No bargaining unit employee shall be transferred as a punitive measure.
2. Worksite and Shift Transfer
A. No bargaining unit employee shall be permanently transferred between work sites without ten (10) days prior written notice.
B. No bargaining unit employee shall be temporarily transferred without notice at least one day prior to said transfer, except in case of emergency.
C. Temporary work site transfers shall be for a period not to exceed thirty (30) working days.
3. Voluntary Position Transfer
"Voluntary position transfer" for this section shall mean a change of employment from one position to another in the same classification in the same or a different department.
A. Employees may apply to transfer into vacant positions that occur in the City.
Employees desiring voluntary transfer may notify the Human Resources Director, which will keep a file of employees requesting transfers. When vacancies occur for which employees on the transfer request list qualify, the Human Resources Director will notify the employees of such vacancy and the employee may apply.
B. Qualified applicants from within the bargaining unit shall be interviewed before other applicants. The appointing authority shall consider transfer applicants and decide whether or not to fill the vacant position from among the transfer applicants prior to proceeding to interview the other applicants.
C. The City agrees that it is desirable to offer transfer opportunities to qualified applicants from within the bargaining unit.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 48 07/01/225 to 06/30/258
D. The City shall provide the Union with recruitment notices.
4. Promotion
A. Employees in the bargaining unit shall be considered for job vacancies within the bargaining unit, which can be considered a promotion, providing they stand within the group included on the certification list for final consideration and are qualified by virtue of successful examination.
Employees must file a city employment application form for such vacancy within the specified filing period.
i. A notice of job vacancy will be provided to the Union.
ii. The City agrees that it is desirable to offer promotional opportunities to qualified applicants from within the bargaining unit.
Article XI. POSITION CLASSIFICATIONSHIFT EMPLOYEES
1. Employee Classification Study Requests
The following provisions apply only to employees in the classification of Water Treatment Plant Operator III who are assigned to work 24 -hour shifts. With respect to those employees, if the provisions of this Article conflict with or provide a different benefit or obligation than any other provision of this MOU, this Article shall apply. All other provisions of this MOU apply.
A. General – Water Treatment Plant - 24 Hour Shifts
Water Treatment Plant Operator IIIs may regularly, periodically, or on a temporary or substitution basis be assigned to work 24-hour shifts at the Water Treatment Plant (WTP). When working a 24-hour shift the operator is referred to as a Shift Operator with specific work shift requirements and compensation considerations as defined below. The proposed shift schedule will provide for a two-day on and a four-day off work schedule – 56 hour workweek / 2912 hours per year.
B. Overtime - Water Treatment Plant - Shift Operators
Overtime work may be required of any employee in order to meet special or unusual needs of service beneficial to the City. Overtime is defined as the paid time in excess, and as an extension, of the normal schedule of work hours as illustrated below:
I. Employees in the Water Treatment Plant who work a twenty-four (24) hour shift shall be compensated as follows for overtime worked:
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 49 07/01/225 to 06/30/258
a. Overtime Rate: Overtime shall be compensated at one and one-half (1.5) the employee's normal hourly rate. Overtime is defined to include all extra shift assignments, special assignments and other assignments not specifically mentioned as defined by the department.
b. Shift Extension: If an employee is called to work early or is worked beyond their normal work shift, compensation for overtime shall be compensable in fifteen (15) minute increments.
C. Sleep Shift – Water Treatment Plant - Shift Operators
I. During each 24-hour shift, Shift Operators shall have an eight -hour period designated as sleep time. Except as provided herein, this sleep time shall be considered uncompensated and not counted as “hours worked” for purposes of calculating overtime pay.
II. During each 24-hour shift, Shift Operators shall be entitled to meal periods as follows: Forty-five (45) minutes for breakfast, one (1) hour for lunch and one (1) hour for dinner. Each such period shall be compensated and be counted as “hours worked” for purposes of calculating pay and overtime pay.
Shift Operators are obligated to respond to work situations during meal periods without additional compensation.
III. Shift Operators shall make daily written reports of periods when their sleep periods are interrupted by emergencies or other work requirements. When sleep periods are interrupted, the Shift Operator shall be entitled to a minimum of two (2) hours, regardless if the hours actually worked are less than two (2) hours. Multiple interruptions shall not entitle the Shift Operator to more than two (2) hours Sleep Shift Overtime (SSOT), unless the actual time worked exceeds two (2) hours, provided, however, that per Fair Labor Standards Act (FLSA) regulations if any Shift Operator is unable to get five (5) hours of total sleep within a 24 - hour shift, (consecutive sleep not required) then the entire eight (8) hour period shall be counted as hours worked. The daily reports shall be provided to the Shift Operator’s supervisor at the end of each work shift.
IV. When Shift Operators work three shifts (72 hours in a week) the City shall count eight (8) of the twenty-four (24) hours of sleep as “hours worked” for purposes of calculating overtime. For overtime calculations pursuant to this section, “hours worked” shall not include paid time status, but only actual time worked.
D. Holiday Pay – Water Treatment Plant - Shift Operators
Shift employees shall receive a 5% Holiday Pay differential. Holiday Pay shall be multiplied by the employee’s salary step. Employees with accrued Holiday Leave
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 50 07/01/225 to 06/30/258
credits on the books may take such time off in the same manner as Annual Leave.
Holiday Pay shall be compensable for retirement (PERS) purposes.
E. Leave Accrual – Water Treatment Plant - Shift Operators
I. Shift Operators shall receive the following Annual Leave credits:
Shift personnel (56-hour work week):
Length of Service Annual Leave Allowance
0 - 5 years 22.40 hours per month
5 – 10 years 23.35 hours per month
10 – 15 years 29.87 hours per month
15+ years 33.60 hours per month
The annual leave cap for 24-hour shift employees shall be 448 hours.
II. To avoid exceeding the maximum of 320 hours for non -shift/448 hours for shift of accumulated annual leave, the city may direct an employee to take time off on annual leave. However, in the event the City does not approve annual leave for an employee in an amount sufficient to reduce accumulated annual leave to 320/448 hours, the number of hours that exceed 320/448 hours shall be rolled over into sick leave until the annual leave balance is reduced to the cap.
III. Shift employees may cash out up to 76 hours of annual leave per fiscal year.
a. Annual leave shall be cashed out pursuant to procedures established by the City’s Human Resources Department. The request to cash out annual leave must be in the form of an irrevocable election to receive such payment by foregoing the same number of annual leave hours in the calendar year following election. The irrevocable election request must be submitted to the Human Resources Department prior to December 31 st to be paid out the first pay period in December of the subsequent calendar year.
b. An employee will only receive the cash out amount if they have used at least 40 hours of annual leave during the calendar year in which the election is made.
IV. Leave Usage: A Shift Operator using annual leave, sick leave, or other paid leave for an entire shift shall have his/her leave balance debited by twenty- four hours. A Shift Operator taking paid leave in other than a twenty-four- hour increment shall have his/her leave balance debited for the amount of time taken.
V. Annual leave shall be paid at a Shift Operator’s straight time rate of pay; i.e.
Annual leave shall not be paid at the overtime rate.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 51 07/01/225 to 06/30/258
VI. Shift Operators who go off shift for more than one pay period (e.g. for modified duty, extended leave, etc.) shall have accruals converted to the non-shift schedule as provided in Article IX, Section 10.
F. Meal Per Diem - Water Treatment Plant - Shift Operators
I. Meal Per Diem: Shift Operators who are assigned to work an unplanned 24- hour overtime shift will be entitled to $30.00 for the 24-hour overtime shift for meals. The per diem is not included in calculating the overtime rate and it is not PERS-able.
G. Extra Shifts Worked – Water Treatment Plant – Shift Operators
I. Fatigue Evaluation: If a Shift Operator is working two or more shifts in a row and did not obtain the minimum amount of sleep required under FLSA regulations during the first shift completed, whether the Shift Operator is fatigued and should be sent home will be determined by the supervisor in consultation with the Shift Operator. Should the Shift Operator be determined to be fatigued, the appropriate rest period spent at home is uncompensated and not considered time worked .
II. Emergency Coverage: All Shift Operator, non-shift Water Treatment Plant Operator II or III, or Chief Water Treatment Plant Operator staff may have a notice of shift change without advanced notice due to emergency or immediate 24-hour coverage purposes. The ten (10) day notice of shift change in the current MOU does not apply to these operators for emergency or immediate 24 hour shift change needs as determined by the the Department Head or designee. Whenever possible, a volunteer will be solicited to provide the coverage. Further schedule adjustments, following the immediate change, may be made to minimize fatigue and/or excessive overtime costs.
III. Call Back Minimum: Shift Operators called into work during their normally scheduled time off to cover a partial shift due to an emergency or illness requiring the regularly scheduled Shift Operator to leave the treatment plant, shall be compensated for actual time worked, except that compensation for the additional shift shall not be less than three (3) hours.
H. Sunset / FLSA Compliance – Water Treatment Plant – Shift Operators
This Article is to be construed in accordance with the Fair Labor Standards Act and all other applicable laws.
A. IUOE may request that a position classification study of a position in the IUOE bargaining unit be conducted by the City Human Resources Department. IUOE may make up to three requests for fiscal year 2020 -2021, and three requests for fiscal year 2021-2022.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 52 07/01/225 to 06/30/258
i. Classification study requests shall be submitted in writing to the Human Resources Department.
ii. The Human Resources Department will conduct a classification review of the position identified for study by IUOE to determine if the position is properly classified and/or if the class specification is in need of revision. iii. The City agrees to notify IUOE of classification study results and to meet with IUOE upon request to share and discuss study findings. iv. Disputes regarding the findings of the Human Resources Department on IUOE position classification study requests may be appealed to the City Manager or designee. The City Manager or designee’s decision shall be final.
Article XII. TRAINING AND SAFETY
1. Training
The City encourages and provides vocational and safety training for all employees in order to maintain efficient, effective, and safe working conditions. Such training programs may include lecture courses, demonstrations, assignment of reading materials, or such other devices as may be advisable for improving the effectiveness and broadening the knowledge of City employees in the performance of their respective duties.
Responsibility for vocational training and observance of safe work practices shall be shared equally by each employee. In this regard, employees shall be responsible for attending, learning, and applying the information provided by in -service training, and shall be responsible for self -initiation of that training outside the work environment that could reasonably lead to, or be required by, the standards for promotional employment opportunities.
2. Safety
It is the policy of the City to provide for the continuous development, implementation and maintenance of a safety program that will enhance a safe and healthy work environment for all employees. Likewise, employees are expected to observe the highest possible standards of safety in the performance of service and execution of all assigned duties.
3. Tuition Reimbursement Policy
With the advance written approval of an employee's department director and the Human Resources Director, and upon satisfactory completion with a grade “C” or better, the City shall reimburse an eligible, permanent unit member for the cost of tuition from a recognized college or university (on a course-by-course basis) for courses having a strong nexus to the employee's job classification and will benefit the City. All classes will be taken on the employee’s own time.
A. Eligibility:
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 53 07/01/225 to 06/30/258
i. In order to qualify for tuition reimbursement, an employee shall have attained permanent status (successfully completed entry -level probation).No reimbursement will be made for classes taken during the eligibility period or prior to attaining permanent status. Classes successfully challenged will not be eligible for reimbursement.
ii. Recognized colleges or universities are those institutions of higher learning accredited by one or more of the following accrediting organizations: Middle States Association of Colleges and Schools, New England Association of Schools and Colleges, Higher Learning Commission, North Central Association of Colleges and Schools, Northwest Commission on Colleges and Universities, Southern Association of Colleges and Schools, and Western Association of Schools and Colleges.
B. Tuition shall be reimbursed as follows:
i. Fifty percent (50%) of the cost of tuition, up to a maximum of $1,000 per calendar year for employees attending community college.
ii. Fifty percent (50%) of the cost of tuition, up to a maximum of $2,000 per calendar year for employees working towards a Bachelor of Arts, Bachelor of Science, Masters of Arts, or Masters of Science degree at an accredited college or university.
C. Approval of a claim for tuition reimbursement shall be as follows:
i. Claims for tuition reimbursement will be denied for any course or class that has not received prior written approval by the employee's department director and City.
ii. Tuition reimbursement shall be on a course-by-course basis by the employee’s Department Head and Human Resources Director and should have a strong nexus to the employee’s job classification .
iii. All requests for tuition reimbursement are subject to available funds as determined by the City. Approval for any program does not guarantee approval or available funds for any subsequent class.
iv. Reimbursement requests and grade reports must be turned in to the Department and the Human Resources Department within ninety (90) days of course completion.
v. Any employee voluntarily terminating their employment within twenty -four (24) months of receiving reimbursement under this section will be responsible for repaying the City of Folsom the full amount of the reimbursement received. An employee involuntarily separated (termination, lay-off or industrial disability retirement) will not be required to reimburse the
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 54 07/01/225 to 06/30/258
City.
vi. Part-time permanent employees working twenty (20) or more hours a week shall be eligible to receive reimbursement pursuant to the above policy on a 50% basis.
Article XIII. SEPARATION FROM SERVICE
1. Layoff
A. Non-Discrimination in Work Force Reduction : Layoffs and demotions which result from a reduction in force shall be made without regard to an employee's race, color, creed, national origin, religion, sex, age, or physical handicap.
B. Layoff Plan : In the interest of employees who may be adversely affected by a general layoff arising from the need to reduce the work force, the City may first solicit volunteers for alternative measures, such as early retirement, demotion, job sharing, reduced work hours and the like, in order to reduce the impact upon employees, so long as it is in the City's best interest to take such measures.
C. Abolition of Positions : The City Council may abolish any position in City service when, in Council's judgment, such action becomes necessary. Employees transferred, demoted or laid off because of abolition of positions shall receive written notice of such fact but shall not have the right of appeal in such cases. When a position is abolished, every effort will be made to transfer the affected employee to a comparable class and to follow the layoff procedures.
D. Layoff Area and Priority : The City Manager, in consultation with the City Council, shall determine the area(s) and positions in which layoffs may occur, including the identification of the department, division, work unit, class, and specific position.
When a list of the affected areas and/or positions has been prepared, the City will give notice to IUOE prior to implementation of the layoff, and upon request, shall consult with IUOE in good faith regarding the impact of the layoff . Unless agreed otherwise, the following layoff procedures shall be followed:
i. Employees holding temporary, seasonal, part -time, probationary, or provisional appointments and any other non -permanent positions that conduct a majority of the duties as those in the identified classes, shall be released or laid off first. Employees serving in a regular part-time position shall be laid off second. Employees in classified service who have completed probation (i.e. regular classified employees) shall be laid off last.
ii. Should it become necessary to lay off regular classified employees, the person(s) laid off shall be those with the least service credit within an identified position in the affected department. If two (2) or more
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 55 07/01/225 to 06/30/258
employees in this circumstance possess essentially the same amount of service credit, the City Manager shall determine which person shall be laid off on the basis of efficiency and effectiveness.
E. Service Credit: Service credit shall be determined and defined as follows:
i. Continuous Service in the Classification, including successful completion of the probationary period, shall be the basis for receiving one (1) point for each year of service in the current classification, or fraction thereof for each full month of service in the current classification.
ii. Continuous City Service, including successfully completed probationary periods, shall be the basis for receiving additional service credit as follows:
1. One (1) point for each service, or fraction thereof, for each full month of service, in lower classes of work within the same department; or
2. One-half (½) point for each year of service, or fraction thereof, for each full month of service, in another class of work in a different department than the one in which currently
employed.
iii. Exam Placement : The lowest score in the exam taken for the position identified shall be released first. Thereafter, if there are identical scores, the release shall be based on the best interests of the City.
iv. Performance Evaluation : Based upon the employee's last two (2) ratings shall be the basis of receiving additional service credits; each rating shall be valued as follows:
Superior + 2 points
Satisfactory + 1 point
Below Satisfactory - 2 points
F. Layoff Notification: The City Manager shall give notice personally or in writing to the last known address to each employee affected by a layoff at least fifteen (15) calendar days prior to the effective date of such action. The notice shall include:
i. The reason(s) for layoff;
ii. Classes or positions to which the employees may transfer or demote within the department, if any;
iii. Effective date of the action;
iv. Service credit of the employee based on the formula rating specified herein; v. Rules regarding waiver of reinstatement and voluntary withdrawal from the reinstatement list; and
vi. Appeal right of the employee; excluding layoff resulting from abolition of the position.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 56 07/01/225 to 06/30/258
G. Bumping: An employee designated to be laid off may bump into any vacant position in the same class elsewhere in the City, or into any position of the same class held by an employee with lesser service credit elsewhere in the City. If no such position exists, the employee may bump into the next lower classification within the same department, provided that the employee has previously held regular full-time status in such classification with the City and possesses greater service credit than another employee in the lower class. Thereafter, an employee may bump into any previously held regular full-time position in the City, provided that the occupant of such position has lesser credit than the employee being laid off. An employee who bumped shall be laid off in the same manner as an employee whose position is abolished.
H. Layoff of Bumped Employee : The employee laid off as a result of a displaced employee's reversion to a lower classification shall receive written notice of layoff not less than ten (10) calendar days prior to the effective date of the layoff.
The names of regular full-time classified employees who have been laid off due to reduction in force shall be placed on an appropriate reinstatement list according to the date of separation on the following basis : last employee laid off is the first employee on the list with other employees eligible in sequential order thereafter.
Such list shall be used by the appointing authority when a vacancy for that class is to be filled before certification of any other employment list.
I. Reinstatement Lists: The eligibility of individuals on Reinstatement Lists shall extend for a period of two (2) years from the date of layoff. Eligible employees not responding to written notification of an opening within ten (10) working days shall have their names removed from the Reinstatement Lists.
J. Notice of Recall from Layoff: Notice shall be given by Return Receipt Requested Mail and shall specify the date for reporting to work, which shall be not more than two (2) weeks from the date the notice is received. Notice shall be deemed to have been received when sent to the last known address on file with the City, and attempted delivery or actual delivery is certified by the Postal Service. Upon receiving notice, the person on layoff shall have five (5) days to accept or decline the recall opportunity.
An employee who fails to respond in writing within the five (5) days, refuses recall, or fails to report on the prescribed date within the two (2) week maximum, thereby waives all further right to recall and reinstatement as an employee. When recall is declined, the City will proceed to the next person on the reinstatement list and follow the same notice and response procedure. This process will continue through the list until recall needs are met or until the list exhausted. Reinstated persons shall receive the following upon return to service:
i. Retention of regular full-time service length accrued as of date of layoff. ii. The salary for the classification in effect as of the date of return, at the same step level as the date of layoff, not to exceed the top step. iii. The accrual rate of vacation and sick leave in effect for the employee's service length and class at the time of rehire, but insurance contributions
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 57 07/01/225 to 06/30/258
shall be at the level of a new employee serving the obligatory probation period of at least six (6) months if on layoff for more than one (1) year. iv. All other benefits or programs in effect at the time of layoff shall be forfeited unless they are still applied to the classification or salary range at the time of rehire, or provided to new hires as of that date.
K. Resignation in Lieu of Recall: An employee who elects to resign in lieu of layoff or while laid off shall forfeit all rights to reinstatement and shall be entitled only to those rights under normal separation from service.
2. Check Out Upon Separation
Any employee who is laid off, terminated, retired, or who separates from City service for any reason shall not receive a final paycheck until all City-owned equipment has been turned in to the Supervisor, including the City identification card and any clothing, tools, or other working materials that have been provided by the City, and until the employee has competed all exit interviews and forms which may be required by the City Manager or department head.
Article XIV. MISCELLANEOUS
1. Permanent Part-Time Employees
A. Permanent part-time employees are employees hired off an eligible list and who work at least 20 hours per week and not more than 39 hours per week.
B. The City agrees to provide the same health, dental, and vision insurance contributions for the employee -only category for permanent part -time employees that it provides permanent full -time employees . Permanent part -time employees shall have the option to purchase employee plus 1 or employee plus 2 or more coverage through the City at rates established by the City's health, dental, and vision insurance carriers. When a permanent part -time employee purchases dependent coverage, the employee shall pay the difference between the amount paid by the City for employee -only coverage and the cost of the dependent coverage.
C. Other benefits provided in the MOU between the City and IUOE shall be allocated to permanent part-time employees on a pro-rata basis.
2. Replacement of Damaged Personal Property
When an employee damages his/her personal property during the normal performance of his/her duties, the employee may submit a claim for reimbursement with the City. The City shall investigate such claims and may reimburse the employee for all or part of the damaged personal property. The City shall respond to the employee within thirty (30) days after submission of the claim. The final decision to reimburse an employee for damaged
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 58 07/01/225 to 06/30/258
personal property shall rest with the City.
3. Bi-Weekly Pay Schedule/Alternate Work Schedules
Should the City decide to implement a bi-weekly pay schedule (26 pay periods per year) in lieu of the current bi -monthly pay schedule (24 pay periods per year), the City agrees to notify IUOE and meet and confer with IUOE on the impact on employees in the Miscellaneous Bargaining Unit.
4. Repetitive Motion Study
Employees who work in office locations may request that the City conduct a Repetitive Motion Study. Such requests shall be submitted in writing to the Human Resources Department.
5. Probationary Period
A. All original appointments shall be tentative and subject to a probationary period of twelve (12) months commencing with the date of hire. Upon approval of the City Manager, the probationary period may be extended for any employee for up to ninety (90) days. Upon completion of the twelve (12) month period, employees will achieve permanent status. Part-time employees shall serve a probationary period of 2080 working hours prior to eligibility for permanent status.
B. The probationary period for all promotional candidates in the bargaining unit who have achieved permanent status shall be six (6) months. Upon approval of the City Manager, the promotional probationary period may be extended for any employee for up to ninety (90) days. Upon completion of the six (6) month promotional probationary period, employees will achieve permanent status in the promotional classification. If a promotional candidate is rejected during probation, said employee shall be returned to the same classification, salary range, step and to the actual position previously held.
6. Refuse Driver Route Selection
A. Every other September, the Solid Waste Division will post Division routes for bidding by permanent employees. The routes which will be pos ted for bidding will be: commercial routes, residential routes, bulky waste tractor, and bulky rear loader. New route assignments shall become effective October 1.
B. When more than one driver bids for the same route, the most senior employee will be assigned the route. Seniority is defined as total City service as a permanent employee within the Refuse Driver series.
C. When a route subject to bidding is permanently vacated in between bids, the City will offer the open route to eligible permanent employees based on seniority.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 59 07/01/225 to 06/30/258
D. Notwithstanding the above, the City may at any time assign drivers to specific routes for any duration when it is in the City’s best interest to do so. The City will prioritize seniority when reassigning drivers from bid routes.
Article XV. PERFORMANCE EVALUATIONS
1. Performance Evaluation
A. Employees will be evaluated in accordance with City Personnel Rules. It is agreed that regular reports be made as to the efficiency, competence, conduct, and merit of City employees. The preparation and use of employee performance evaluations are for the mutual benefit of the City and the effective development of the employee to achieve desired job or career goals. Performance evaluation reports should not be used for disciplinary purposes but rather to identify specific strengths and weaknesses in the employee's job-related performance; to acknowledge the merit of above-standard performance; and to prescribe the means and methods of upgrading deficiencies to a required or desired level of performance. However, performance evaluations may be cited as evidence in support of conduct that is the subject of a disciplinary action.
B. Employees shall receive their scheduled step increase unless Human Resources and the employee are notified that the employee will receive an unsatisfactory performance evaluation within 30 calendar days of the employee's scheduled step increase date. When an employee’s scheduled step increase is withheld due to unsatisfactory performance, the employee shall retain his/her salary anniversary date. Denial of a step increase may be appealed to the City Human Resources Department. This section shall not be subject to the Grievance and Arbitration provisions of this MOU.
2. Authority to Prepare Reports
The department head shall prepare or delegate the preparation of performance evaluation reports to subordinate supervisors who are most familiar with the work of the employee to be evaluated. The department head shall review and approve all performance evaluations of departmental personnel prior to review with the affected employee.
3. Frequency and Distribution of Reports
A. Employee performance evaluation reports shall be prepared for probationary employees as prescribed in City Personnel Rules. For regular full-time employees, a report shall be submitted within ten (10) calendar days prior to the salary anniversary date each year. In addition, an evaluation report may be prepared at any time by the reasonable request of the employee or at the discretion of the employee's supervisor, when it is deemed to be necessary and appropriate.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 60 07/01/225 to 06/30/258
B. Reports shall be prepared with a copy to the employee and the department's working file. The original shall be forwarded to the Human Resources Director for review and retention in the employee's official personnel file.
4. Review with the Employee
Each performance evaluation shall be thoroughly discussed with the employee to point out areas of successful performance and areas that need improvement or are unacceptable.
Employees shall also be encouraged to comment about their work performance, either in a written statement attached to the report or verbally. The employee shall sign the performance report to acknowledge awareness of its contents and discussion of the report with the evaluator. The employee's signature does not necessarily mean that the employee fully agrees with the contents of the report and may so state on the report before signing.
5. Purging of Personnel Files
Counseling memorandums are not disciplinary and shall not be placed in the employee's personnel file. Employees shall be offered the opportunity to sign and be provided with a copy of any disciplinary written material before it is placed in the employee's personnel file.
The employee shall be given an opportunity during regularly scheduled working hours to prepare a written response to such materials. The written response must be submitted within fifteen (15) days of the notice to place the disciplinary documents in the personnel file.
If the employee was not allowed the opportunity to sign the documents prior to placement within the personnel file, the employee shall have the right at any time to attach a written response to the material. Any person who places any written material in an employee's file shall sign and date the material, signifying when it was placed in the employee's file and by whom.
Disciplinary actions shall be purged (at the request of the employees) from the employee's personnel file following the schedule below in accordance with the City's records retention policy:
• Written reprimands: 24 months
• Other disciplinary actions (i.e., suspension, reductions in pay, and demotions): five (5) years (sixty months).
Article XVI. EMPLOYEE DISCIPLINE
1. Policy
It is the policy of the City that discipline of City employees be imposed on an appropriate and consistent basis. When an employee engages in misconduct or when job performance is unsatisfactory in the judgment of the City, disciplinary action may be initiated. This article modifies disciplinary procedures identified in the City Personnel Rules.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 61 07/01/225 to 06/30/258
2. Definition
As used herein, "disciplinary action" means written reprimand, suspension without pay, reduction in pay, demotion, or dismissal (reference City Personnel Rules).
3. Persons Authorized to Initiate Disciplinary Action
Discipline may be initiated by those authorized in the Personnel Rules.
4. Application
A. Permanent Status: This article shall only apply to employees with permanent status with the City.
B. Probationary Status: An employee in probationary status shall have no right to grieve or arbitrate release from probationary appointment.
C. Temporary Employee: An employee in a temporary position shall have no right to grieve or arbitrate release from temporary appointment.
D. Temporary Upgrade (Out of Class): An employee in a temporary upgrade status shall have no right to grieve or arbitrate release from temporary upgrade status.
E. A written reprimand shall be appealable only to the City Manager or his/her designee with the right to present the employee’s position and supporting evidence, but no right to present evidence or confront or cross examine witnesses. The decision of the City Manager of designee shall be final.
F. Upon the request of an employee, a written reprimand shall be removed from an employee’s personnel file after two (2) years from the original date of issuance; provided, however, that the employee has not be en subject to formal disciplinary action during the two (2) year period.
G. A counseling memo or letter of instruction shall not be considered disciplinary action and shall not be appealable.
5. Cause for Disciplinary Action
A. Discipline shall be for cause. Examples of conduct or performance deficiencies that may warrant discipline include, but are not limited to (more examples can be found in the City Personnel Rules):
i. Misstatement of facts during the hiring process
ii. Falsification of an entry on a City document (e.g., timecard, expense report)
iii. Disclosure of confidential information
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 62 07/01/225 to 06/30/258
iv. Insubordination or willful disobedience
v. Incompetence, inefficiency or unsatisfactory job performance
vi. Discriminatory, discourteous, or unbecoming behavior
vii. Theft, misuse or unauthorized use or possession of City property
viii. Dishonesty
ix. Misconduct, i.e., any behavior that brings harm or discredit to the City
x. Being under the influence of illegal drugs or alcohol or possessing illegal drugs while on City property or on official business
xi. Possession of a firearm, weapon, or hazardous or dangerous device while on City property or on official business
xii. Conviction of a felony or misdemeanor that involves moral turpitude, or any other conviction or pleas of nolo contendere (no contest) or diversion for such offense, which adversely affects, or brings discredit to, the City
xiii. Excessive absence or tardiness
xiv. Absence without approved leave
xv. Violation of a City rule, policy, or procedure
xvi. Soliciting outside work for personal gain during the conduct of City business; engaging in outside employment for any business under contract by the City; participating in any outside employment that adversely affects the employee’s City work performance; and engaging in unauthorized outside employment
xvii. Loss or failure to maintain any license, certification, and/or clearance which is required as a minimum qualification or condition of employment for the employee’s position
xviii. Abusive conduct or “bullying” that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. This may include repeated infliction of verbal abuse such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating or humiliating, or the gratuitous sabotage or undermining of a person’s work performance.
6. Preliminary Notice of Disciplinary Action
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 63 07/01/225 to 06/30/258
A. Prior to taking disciplinary action with a regular employee to suspend without pay, reduce pay, demote (except for demotion in lieu of layoff), or dismiss, the Department Head will provide the employee with a written preliminary notice of disciplinary action which shall contain the charges, the specific factual basis for the charges, and the nature of the proposed disciplinary action . A copy of the preliminary notice of disciplinary action shall be served upon the employee either personally, or by first class mail and certified mail, return receipt requested, to the last known address of the employee. The last known address shall be deemed to be the address that is within the employee’s official personnel file. If notice is provided by mail, the employee should be deemed to have received notice ten (10) workdays after the date of mailing.
B. The Preliminary Notice of Disciplinary Action shall include:
i. A statement of the nature of the disciplinary action;
ii. The effective date of the disciplinary action;
iii. A statement of the reasons for the disciplinary action citing the item(s) under Section 5a, the Personnel Rules, City policies, or state or federal law which have been violated;
iv. Any supporting material or documentation;
v. A statement advising the employee of the right to request a Skelly Meeting, the manner and time in which the request for a Skelly Meeting must be made, and the required content of the request for a Skelly Meeting; and
vi. The name and address of the person to whom all written communication regarding this Skelly Meeting shall be sent.
7. Skelly Meeting
A. An employee who is subject to disciplinary action of suspension without pay, reduction in pay, demotion, or dismissal, as outlined in Section 6.A., shall have the right, within five (5 ) workdays after receiving a Pr eliminary Notice of Disciplinary Action to request a Skelly Meeting by filing a written request for a meeting signed by the employee or the employee's representative with the employee's consent with the City Human Resources Director.
i. The right to request a Skelly Meeting does not apply to a Written Reprimand.
An employee who is subject to disciplinary action of a Written Reprimand and disagrees with the discipline is encouraged to discuss with their Department Manager. The employee may also, within five (5) days after receiving a Written Reprimand, request a meeting with the City Manager or designee by filing a written request with the Human Resources Director.
ii. The City Manager or designee shall have final authority to sustain, modify, or
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 64 07/01/225 to 06/30/258
dismiss the Written Reprimand. This decision may be communicated orally or in writing. As stated in Section 4 .E., a Written Reprimand is not appealable beyond the City Manager or designee whose decision is final. In addition, a Written Reprimand may be removed from the employee’s personnel file after two (2) years per Section 4.F. if subsequent disciplinary action has not occurred within that timeframe.
B. Failure to respond or inaction within the specified time will result in the waiver of the right to a Skelly meeting, or, in the case of a Written Reprimand, a meeting with the City Manager or designee, and the proposed discipline becoming final.
C. Upon a written request for a Skelly meeting, the City shall appoint a “Skelly Officer”.
The Skelly Officer will meet with the employee, listen to arguments, and receive documents presented by the employee. Within a reasonable time and in writing, the Skelly Officer shall respond to the City, with a copy to the employee and the employee’s representative, if applicable. The Skelly Officer may recommend that the City dismiss, modify, or sustain the proposed discipline.
D. If the proposed discipline is sustained or modified by the City after the Skelly Meeting, the disciplinary action shall be implemented. A Final Notice of Disciplinary Action shall be served in the same manner as the Preliminary Notice of Disciplinary Action, except that the Final Notice of Disciplinary Action shall include a statement advising the employee of the right to appeal the action, the manner and time in which the appeal must be made, the required content of the appeal, and name and address of the person to whom all communication regarding the appeal shall be sent.
8. Appeal of Disciplinary Action
A. Within ten (10) workdays after receipt of the Final Notice of Disciplinary Action, disciplinary actions may be appealed to arbitration. Notice of the appeal must be filed with the Human Resources Director. If the employee fails to file a notice of appeal within this time period, the disciplinary action shall become final and there shall be no further appeal.
B. The decision of the arbitrator shall be final and binding on the parties. No appeal or review of the arbitrator’s decision by Writ or other mechanism before any court, administrative tribunal or any other forum on any legal theory or basis shall be possible.
C. Appeals of disciplinary actions to arbitration shall be pursuant to Article XVI l (Grievance Procedure) of this Agreement, except that on disciplinary appeals:
i. An appeal of a disciplinary action is a complaint of a permanent employee of whether there was cause for the disciplinary action taken against the employee.
ii. The parties to the discipline hearing and to the selection of the arbitrator
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 65 07/01/225 to 06/30/258
shall be the employee, who may be represented by Local 39, self - represented, or independent counsel, and the City who may be represented by the Human Resources Department or counsel.
iii. The employee shall be entitled to appear personally at the hearing and produce evidence.
iv. The fees and expenses of the arbitrator, a court reporter and transcript if required by the arbitrator, shall be shared equally by the parties.
Article XVII. GRIEVANCE PROCEDURE
1. Definition: A grievance is a complaint of an affected employee, a group of employees, or Local 39 resulting from interpretation or application of this Agreement, or the City rules or regulations governing personnel practices or working conditions.
2. Time Limits: Grievances not presented within the time limits established for each step of this procedure shall not be considered. Should the City fail to answer within the established time limits, the grievance may be appealed to the next step of the grievance procedure.
When days are used in this article for the purpose of establishing time limits, those limits will be presumed to have been met when the appropriate forms are either personally delivered to the affected party or deposited in the U.S. mail, as evidenced by the appropriate postmark.
Time limits may be waived or extended by mutual agreement between the parties.
As referred to in this article, all "days" are "workdays."
3. Presentation: An employee and/or IUOE representative may present a grievance during work time provided such presentations and discussions do not disrupt City operations and are kept to a reasonable minimum.
4. Procedure: All grievances as defined herein shall be processed in accordance with this procedure. All grievances, beginning at Step 1 shall be filed on a form provided by the City for that purpose. IUOE may refuse to represent a grievant and the City may refuse to consider a grievance where the aggrieved party has not followed this procedure.
A. INFORMAL STEP. Within fifteen (15) days of the event or circumstance giving rise to the grievance or within fifteen (15) days of the time the affected employee or IUOE should reasonably have been aware of the event or circumstance, the grievance shall be discussed informally with the person or persons most directly responsible for the event or circumstances which gave rise to the grievance. If the grievance is not resolved within five (5) days of the date on which it is first presented at the Informal Step, the grievant may proceed to Step 1 and file a formal grievance.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 66 07/01/225 to 06/30/258
B. STEP 1. A formal grievance shall be presented in writing to the grievant’s department head. The department head shall conduct such investigation as is deemed appropriate and shall issue a written determination within ten (10) days of the date on which the grievance was appealed to the department head.
C. STEP 2. Within five (5) days of the Step 1 response or, if no Step 1 response is received, within twenty (20) days of the date of the Step 1 appeal, the grievance may be appealed to the City Manager or designee.
The City Manager or designee shall conduct such investigation as is deemed appropriate and shall issue a written determination within ten (10) days of the date on which the grievance is first presented at Step 2. If the City Manager or designee fails to issue a written determination within the prescribed period of time or if the determination is not satisfactory to the grievant, only IUOE may request that the matter be submitted to binding arbitration. Individual employees may not submit grievances to binding arbitration.
D. STEP 3. A request for binding arbitration shall be made in writing to the City Manager within fifteen (15) days of the date which the grievant received a copy of the written determination of Step 2, or in the event that no Step 2 answer is received, within twenty (20) days of the date of the Step 2 appeal.
An arbitrator may be selected by mutual agreement between the parties.
However, should the parties fail to voluntarily agree upon an arbitrator, the parties shall make a joint request to the California State Mediation and Conciliation Service. The parties shall request a list of five (5) qualified arbitrators. Each party shall alternately strike one name from the list and the last remaining name shall serve as arbitrator. The first party to strike a name shall be determined by the toss of a coin.
The arbitrator's decision shall be final and binding on the City, IUOE, and the grievant(s). The arbitrator shall have no authority to add to or delete from the terms of this Agreement, or City Personnel Rules. All fees and costs of the arbitrator and court reporter, if any, shall be borne equally by the parties.
Article XVIII. TERM OF AGREEMENT
Term
This agreement shall remain in full force and effec t from July 1, 20225, through June 30, 20258. The parties agree to begin negotiations on a successor Memorandum of Understanding no later than 120 calendar days prior to expiration of this Memorandum of Understanding.
Existing Benefits and Practices
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 67 07/01/225 to 06/30/258
The parties recognize that there are existing ordinances, resolutions, and policies regarding benefits and other terms and conditions of employment and the same remain in full force and effect except as modified by this Agreement.
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 68 07/01/225 to 06/30/258
Signatures
This Memorandum of Understanding is hereby executed this day of , 20 , by the employer/employee representatives whose signatures appear below on behalf of their respective organizations.
For the City: For Local 39:
Elaine AndersenBryan Whitemyer
City Manager
Bart Florence
Business Manager
John SpittlerAllison Garcia
Human Resources AdvisorDirector
Jeff Gladieux
President
Dennis BatchelderVance Piggott
City Representative
Brandy Johnson
Director of Public Employees
Gabriela L. Cousineau Allison Garcia
Sr. Human Resources
DirectorAnalyst
Chuck ThielStephen Hatch
Business Representative
Macy Sherman
Business Representative
Don Brown
Bargaining Team Member
Aaron ArmstrongTodd Morine
Bargaining Team Member
Tony Servin
Bargaining Team Member
Michelle Walker
Bargaining Team Member
Joe Nerwinski
Bargaining Team Member
Lee Cordaway
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 69 07/01/225 to 06/30/258
Bargaining Team Member
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 70 07/01/225 to 06/30/258
1. Appendix A – List of Classes in Bargaining Unit
Account Clerk
Accounting Technician I/II
Administrative Assistant
Administrative Technician
Arborist
Assistant City Clerk
Assistant Civil Engineer
Assistant Planner
Assistant Zookeeper/Zookeeper I
Associate Planner
Building Inspector I/II
Building Plans Checker I/II
Building Plans Coordinator
Building Technician I/II
Building Tradesworker I/II
Circulation Coordinator
City Clerk Technician I/II
City Clerk Specialist
Code Enforcement Officer I/II
Code Enforcement Technician
Communications & Marketing
Specialist
Construction Inspector I/II
Development Services Specialist
Digital Communications & Marketing
Specialist
Disbursements Specialist
Disbursements Technician
Electrical & Instrument Technician
Engineering Technician I/II
Environmental Specialist
Fire Prevention Officer
Fleet Operations Coordinator
GIS Specialist
GIS Technician I/II
Hazmat Coordinator
Information Systems Analyst
Information Systems Technician I/II
Inventory Clerk
Irrigation Systems Coordinator
Lead Plant Mechanic
Lead Senior Mechanic (Combined
Shifts)
Lead Senior Zookeeper
Lead Senior Librarian
Librarian
Library Assistant
Library Technician
Maintenance Specialist
Maintenance Worker I/II
Marketing and Graphics Coordinator
Mechanic I
Mechanic II
Office Assistant I/II
Park Planner I/II
Planner I/II
Planning Technician I/II
Process Improvement Specialist
Public Works Maintenance Worker
I/II
Recreation Coordinator I
Recreation Coordinator II
Refuse Driver
Revenue Technician I/II
Senior Building Inspector
Senior Building Tradesworker
Senior Communications & Marketing
Specialist
Senior Construction Inspector
Senior Environmental Specialist
Senior Equipment Mechanic
Senior Librarian
Senior Maintenance Worker
Senior Maintenance Specialist
Senior Office Assistant
Senior Recreation Coordinator
Senior Refuse Driver
Senior Revenue Technician
Senior Traffic Signal Technician
Senior Wastewater Collection
Technician
Senior Water Treatment Plant
Operator
Senior Water Utility Worker
Senior Zookeeper
Traffic Control Device Technician
Traffic Control & Lighting Technician
I/II
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 71 07/01/225 to 06/30/258
Wastewater Collection Technician
I/II
Wastewater Collection Technician III
Water Distribution Chief Operator
Water Distribution Operator I/II
Water Distribution Operator III
Water Management Coordinator
Water Management Specialist
Water Quality Technician
Water Treatment Plant Chief
Operator
Water Treatment Plant Operator I/II
Water Treatment Plant Operator III
Water Utility Worker I/II
Water Utility Worker III
Zookeeper II
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 72 07/01/225 to 06/30/258
2. 3.2. Appendix B – Recognized Certifications/Licenses
Per Article VI, Section 9, when management requires a special skill certification, and it is not listed in the classification description as a necessary qualification, the employee in the listed job classification should be paid special skill certification/license pay as listed in the table below. In no instance shall this pay, in combination with any educational incentive pay, exceed $300.00 per month.
Classification License/Certification Incentive
Building Inspector
− Certified Combination Inspector
− Certified Electrical Inspector
− Certified Mechanical Inspector
− Certified Plumbing Inspector
− Uniform Fire Code Certificate
− ADA Specialist Certificate
$50.00
$50.00
$50.00
$50.00
$50.00
$50.00
Clerical − Notary Public Commission $50.00
Code Enforcement Technician − Certified Code Enforcement Officer $100.00 Construction Inspector − Registered Public Works Inspector $200.00 Engineering Technician − Licensed Land Surveyor $200.00 Information Systems Technician or Analyst − Microsoft
− Cisco
$75.00
$75.00
Lead Plant Mechanic
− Class “A” License
− ASE Certificates
− ASE Master
− Automatic Transmission
− Brakes (Air & Hydraulic)
$150.00
$50.00
$50.00
$50.00
$50.00
Lead Senior Mechanic (Combined Shifts) − Class “A” License $150.00 Maintenance I, II, Lead − Class “A” License $150.00
Mechanic − ASE Certificates $50.00
Mechanic I/II/Senior − Class “A” License $150.00
Mechanic/Welder
− ASE Master
− Automatic Transmission
− Brakes (Air & Hydraulic)
− Electrical Systems
− Engine Performance
− Heating & Air Conditioning
− Manual Transmission
− Refrigerant License
− Smog Certificate License
− Suspension & Steering
$200.00
$50.00
$50.00
$50.00
$50.00
$50.00
$50.00
$50.00
$50.00
$50.00
Park Maintenance Worker I/II
− Certified Playground Safety Inspector
− Certified Pool Operator
− Certified Landscape Irrigation Auditor
− Certified Landscape Technician
− Certified Irrigation Contractor
$100.00
$100.00
$50.00
$50.00
$50.00
Park Planner/Assoc. Planner − Certified Irrigation Designer $50.00 Plan Checker
− Certified Building Inspector
− Certified Electrical Inspector
− Certified Plumbing Inspector
− Certified Mechanical Inspector
− Uniform Fire Code Certificate
− ADA Specialist Certificate
$50.00
$50.00
$50.00
$50.00
$50.00
$50.00
Traffic Control/Lighting Tech I/II
− International Municipal Signal (IMSA) Traffic Signal
Technician I/II/III (level above job)
− International Municipal Signal Association (IMSA)
Roadway Lighting Certification
− Fiber Optics Installation Certification
$50.00
$50.00
$50.00
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 73 07/01/225 to 06/30/258
Water Utility Worker I/II/III/Sr., Water Treatment
Plant Operator I/II/III/Sr., Water Distribution
Operator I/II/III/Chief, Wastewater Collection
Technician I/II/II/Sr., Water Management Specialist,
Water Quality Technician, Water Management
Coordinator
− Advanced State Certification for D5, T5 or G4 only (in field, not required in classification, and approved by
Director and HR)
− Advanced State Certification for D4, T4 or G3 only (in field, not required in classification, and approved by
Director and HR)
− Class “A” License
$300.00
$200.00
$150.00
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 74
07/01/225 to 06/30/285
4.3. Appendix C – New 9-Step Salary Range
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 75
07/01/225 to 06/30/285
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 76
07/01/225 to 06/30/285
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 77
07/01/225 to 06/30/285
09/09/2025 Item No.12.
IUOE Memorandum of Understanding Page 78
07/01/225 to 06/30/285
09/09/2025 Item No.12.
Folsom City Council
Staff Report
1 MEETING DATE:
9/9/2025
AGENDA SECTION:
New Business
SUBJECT: Resolution No. 11460– A Resolution Approving the Formation of the Fire Services Exploratory Committee and Appointing Two Members of the City Council to Serve on the Committee
FROM: City Manager's Office
RECOMMENDATION / CITY COUNCIL ACTION
Staff recommends that the City Council:
1) Adopt Resolution No. 11460 - A Resolution Approving the Formation of the Fire Services Exploratory Committee and Appointing Two Members of the City Council to Serve on the Committee
BACKGROUND / ISSUE
The City of Folsom currently operates its own Fire Department, providing essential fire protection, emergency medical response, and related public safety services to the community.
As the region continues to grow and evolve, there may be opportunities to enhance service delivery, improve operational efficiency, and ensure long-term fiscal sustainability through strategic partnerships with regional agencies.
On August 8, 2025, SacMetro Fire Chief Adam House and Folsom City Manager Bryan Whitemyer met in order to have preliminary discussions regarding the potential for increased collaboration. It was determined that the appropriate next step would be to ask the Folsom City Council and the SacMetro Fire Board if they would be amenable to forming a joint exploratory committee. The purpose of this committee would allow both agencies to engage in a structured, transparent, and productive review of possible partnership models, including but not limited to shared services, operational integration, or contractual arrangements.
09/09/2025 Item No.13.
2 POLICY / RULE
Pursuant to Folsom Municipal Code Section 2.04(G), ad hoc committees shall be established by the Mayor subject to the approval of the City Council. No such committee shall exist for more than 1 year.
DISCUSSION
The proposed Fire Services Exploratory Committee would include the following composition:
Two members from the Folsom City Council
Two members from the SacMetro Fire Board of Directors The committee will meet periodically over the coming months to:
Assess existing fire service delivery models in both agencies Identify opportunities for collaboration or integration Review fiscal, operational, and governance implications of potential partnership models
Provide periodic updates to the full City Council and SacMetro Fire Board This committee will serve in an advisory and exploratory capacity only, with no authority to make binding decisions. Any future recommendations would be brought back for full consideration by the respective governing bodies.
FINANCIAL IMPACT
There is no direct financial impact associated with forming the committee. Should any partnership proposals emerge from the committee’s work, detailed fiscal analysis will be conducted at that time.
ENVIRONMENTAL REVIEW
This action is exempt from environmental review under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines because the proposed action has no potential to cause significant effects on the environment.
09/09/2025 Item No.13.
3 ATTACHMENT
Resolution No. 11460 - A Resolution Approving the Formation of the Fire Services Exploratory Committee and Appointing Two Members of the City Council to Serve on the Committee
Submitted,
Bryan Whitemyer, City Manager
09/09/2025 Item No.13.
Attachment 1
09/09/2025 Item No.13.
Resolution No. 11460
RESOLUTION NO. 11460
A RESOLUTION APPROVING THE FORMATION OF A FIRE SERVICES
EXPLORATORY COMMITTEE AND APPOINTING TWO MEMBERS OF THE CITY
COUNCIL TO SERVE ON THE COMMITTEE
WHEREAS, the City of Folsom provides fire protection and emergency response services to the residents and businesses within its jurisdiction; and WHEREAS, the Sacramento Metropolitan Fire District (SacMetro Fire) is a neighboring fire agency providing services to multiple communities within the Sacramento region; and WHEREAS, the City of Folsom and SacMetro Fire share a mutual interest in exploring opportunities for regional collaboration and potential partnership models for fire service delivery; and
WHEREAS, the City Council desires to form a Fire Services Exploratory Committee comprised of two members of the Folsom City Council and two members of the SacMetro Fire Board of Directors to evaluate and discuss various fire service partnership options; and WHEREAS, this committee shall serve in an advisory and fact-finding capacity only and shall provide updates and recommendations, if any, to the full City Council and the SacMetro Fire Board of Directors.
WHEREAS, it is expected staff members from the City of Folsom as well as the SacMetro Fire Department will attend these committee meetings in addition to the two City Council members and the two SacMetro Fire Board members.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Folsom that the formation of an ad hoc committee under Section 2.04(G) of the Folsom Municipal Code, known as the Fire Services Exploratory Committee, is hereby approved.
BE IT FURTHER RESOLVED that the Fire Services Exploratory Committee shall not exist for more than one year, and that the membership of said Committee shall be composed of:
Two members of the Folsom City Council; and
Two members of the SacMetro Fire Board of Directors.
The following City Councilmembers are hereby appointed to serve on the Fire Services Exploratory Committee:
Councilmember [Insert Name]
Councilmember [Insert Name]
09/09/2025 Item No.13.
Resolution No. 11460
BE IT FURTHER RESOLVED that the purpose of the Fire Services Exploratory Committee shall be to review and evaluate potential partnership models between the City of Folsom and SacMetro Fire, including but not limited to operational integration, shared services, or contractual arrangements.
This resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this 9th day of September 2025, by the following roll-call vote:
AYES: Councilmember(s):
NOES: Councilmember(s):
ABSENT: Councilmember(s):
ABSTAIN: Councilmember(s):
___________________________________
Sarah Aquino, MAYOR
ATTEST:
____________________________________
Christa Freemantle, CITY CLERK
09/09/2025 Item No.13.