MEMORANDUM OF
UNDERSTANDING
BETWEEN AND FOR THE
CITY OF FRESNO
AND
THE FRESNO CITY EMPLOYEES ASSOCIATION,
INC.
(Non-Supervisory White Collar - Unit 3)
June 17, 2024 – June 15, 2025
June 16, 2025 – December 27, 2026
MOU between City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page i
TABLE OF CONTENTS
ARTICLE I ....................................................................................................................... 1 PREAMBLE 1
A. PURPOSE ......................................................................................................... 1 B. DEFINITIONS .................................................................................................... 1 C. GOVERNING LAWS .......................................................................................... 1 ARTICLE II ...................................................................................................................... 2 EMPLOYEE RIGHTS 2
A. GENERAL .......................................................................................................... 2 B. NONDISCRIMINATION ..................................................................................... 2 C. REPRESENTATION OF EMPLOYEES ............................................................. 2 D. PERSONNEL FILES .......................................................................................... 3 ARTICLE III ..................................................................................................................... 5 CITY RIGHTS 5
A. GENERAL .......................................................................................................... 5 ARTICLE IV ..................................................................................................................... 7 RECOGNITION 7
A. ASSOCIATION RECOGNITION ........................................................................ 7 B. ASSOCIATION OFFICERS AND DIRECTORS ................................................. 7 C. ASSOCIATION BULLETIN BOARDS ................................................................ 7 D. REPRESENTATION .......................................................................................... 7 E. RECOGNITION OF UNIT DESCRIPTION ......................................................... 7 F. ASSOCIATION BY-LAWS ................................................................................. 8 G. CITY RECOGNITION ........................................................................................ 8 H. RECOGNITION OF MUTUAL OBLIGATION ..................................................... 8 I. LOCKOUT AND STRIKE ................................................................................... 8 ARTICLE V .................................................................................................................... 10 PERSONNEL PROCEDURES 10
A. CLASS REVIEWS............................................................................................ 10 B. REVISIONS TO CLASS SPECIFICATIONS .................................................... 10 C. RECLASSIFICATIONS .................................................................................... 10 D. REQUESTS FOR TRANSFER ........................................................................ 10 E. RETURN TO FORMER POSITION ................................................................. 11 F. FLEXIBLE STAFFING ..................................................................................... 11 G. TEMPORARY MODIFICATION OF WORK HOURS ....................................... 11 H. WORK SCHEDULES (General Provision) ....................................................... 12 I. PROBATIONARY PERIOD .............................................................................. 15 J. STEP INCREASES .......................................................................................... 16 K. MOVEMENT BETWEEN STEPS & EMPLOYEE PERFORMANCE
MOU between City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page ii
EVALUATIONS ....................................................................................................... 16 L. SAFETY ........................................................................................................... 18 M. EXCHANGE OF INFORMATION ..................................................................... 18 N. LAY-OFF PROCEDURES ............................................................................... 20 O. IN LIEU OF SUSPENSION FOR DISCIPLINARY ACTION ............................. 20 P. THIRD PARTY PLAN CHECK REVIEW AND CONTRACTING OF PLAN CHECK REVIEW .................................................................................................... 20 ARTICLE VI ................................................................................................................... 22 PROCEDURES FOR DISPUTE RESOLUTIONS 22
A. GRIEVANCE PROCEDURE ............................................................................ 22 B. ALTERNATIVE DISPUTE RESOLUTION PROCEDURE ................................ 25 C. PAST PRACTICE ............................................................................................ 26 D. USE OF HEARING OFFICER IN DISCIPLINARY ACTION INITIATED BY CITY 26 ARTICLE VII .................................................................................................................. 27 DUES DEDUCTION 27
A. DUES CHECK-OFF ......................................................................................... 27 B. EXCEPTIONS TO DUES DEDUCTION AUTHORIZATION ............................ 27 C. DUES DEDUCTION TRANSFER .................................................................... 27 ARTICLE VIII ................................................................................................................. 28 COMPENSATION AND BENEFITS 28
A. GENERAL ........................................................................................................ 28 B. SALARY SCHEDULE ...................................................................................... 28 C. FRESNO CITY EMPLOYEES HEALTH AND WELFARE TRUST ................... 28 D. WORKERS' COMPENSATION ........................................................................ 29 E. EDUCATION FOR CITY EMPLOYEES ........................................................... 31 F. USE OF PERSONAL VEHICLES .................................................................... 31 G. PREMIUM PAY ................................................................................................ 32 H. BILINGUAL CERTIFICATION PROGRAM ...................................................... 36 I. TEMPORARY ASSIGNMENT TO PERFORM DUTIES OF ABSENT
EMPLOYEES .......................................................................................................... 37 J. TEMPORARY ASSIGNMENT PAY ................................................................. 38 K. UNIFORM ALLOWANCE, SAFETY SHOES, & SAFETY GLASSES .............. 38 M. COURT TIME .................................................................................................. 41 N. OVERTIME (OT), COMPENSATORY TIME OFF (CTO), ON CALL/CALL BACK/STANDBY .................................................................................................... 41
2. CTO .............................................................................................................. 42
3. Call Back/Standby ......................................................................................... 42 O. SICK LEAVE AND ATTENDANCE .................................................................. 44 P. SUPPLEMENTAL SICK LEAVE ACCRUAL BANK.......................................... 47 MOU between City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page iii
Q. VACATION CASH-OUT ................................................................................... 47 R. BEREAVEMENT LEAVE ................................................................................. 48 S. VACATION LEAVE .......................................................................................... 49 T. HOLIDAY LEAVE ............................................................................................ 49 U. REST PERIODS .............................................................................................. 51 V. FAIR LABOR STANDARDS ACT .................................................................... 51 W. HEALTH REIMBURSEMENT ARRANGEMENT ............................................. 51 X. STATE DISABILITY INSURANCE (SDI)/PAID FAMILY LEAVE (PFL) ............ 53 Y. RETIREMENT ................................................................................................. 55 Z. CLASSIFICATION AND COMPENSATION STUDY ........................................ 55 AA. VOLUNTARY LEAVE TIME (VLT) PROGRAM ............................................... 55 ARTICLE IX ................................................................................................................... 59 BENEFITS FOR PERMANENT PART-TIME EMPLOYEES 59
A. VACATION ...................................................................................................... 59 B. SICK LEAVE .................................................................................................... 59 C. SUPPLEMENTAL SICK LEAVE ACCRUAL BANK.......................................... 59 D. OVERTIME ...................................................................................................... 60 E. PROBATIONARY PERIOD .............................................................................. 60 F. HEALTH AND WELFARE ................................................................................ 60 G. SOCIAL SECURITY BENEFITS ...................................................................... 60 H. WORKERS’ COMPENSATION ....................................................................... 60 I. JURY DUTY ..................................................................................................... 61 J. HOLIDAYS ....................................................................................................... 61 K. NIGHT-SHIFT DIFFERENTIAL ........................................................................ 61 L. SERVICE FEE ................................................................................................. 61 M. UNIFORM ALLOWANCE ................................................................................. 61 N. FULL TIME ...................................................................................................... 61 O. REST PERIODS .............................................................................................. 61 ARTICLE X .................................................................................................................... 62 SPECIAL RULES FOR EMPLOYEES ASSIGNED TO THE POLICE DEPARTMENT 62 A. SHIFTS/VACATION ......................................................................................... 62 B. ALTERNATIVE WORKWEEK WEEK SCHEDULES (Special Provisions) ....... 63 C. INVESTIGATIONS ........................................................................................... 69
1. Internal Investigations ................................................................................... 70 D. ABSENT WITH SUBSTITUTE (AWS) .............................................................. 72 E. COURT APPEARANCES ................................................................................ 73 F. FAMILY EVENTS............................................................................................. 75 G. EMERGENCY SERVICES DISPATCHERS .................................................... 76 H. RESOURCE OPTIMIZATION SYSTEM .......................................................... 76 I. CRITICAL INCIDENTS .................................................................................... 76 MOU between City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page iv
J. ESD TRAINING DIFFERENTIAL ..................................................................... 76 K. TEMPORARY ASSIGNMENT TO PERFORM DUTIES OF ABSENT
EMPLOYEES .......................................................................................................... 77 L. SHIFT DIFFERENTIAL – COMMUNICATIONS BUREAU ............................... 77 M. SPECIAL EVENTS AND CONTRACT LAW ENFORCEMENT SERVICES ..... 77 ARTICLE XI ................................................................................................................... 79 HEADINGS/REFERENCES/CITATIONS 79
A. HEADINGS ...................................................................................................... 79 B. REFERENCES/CITATIONS ............................................................................ 79 ARTICLE XII .................................................................................................................. 80 SAVING CLAUSE/FULL UNDERSTANDING 80
A. SAVING CLAUSE ............................................................................................ 80 B. FULL UNDERSTANDING ................................................................................ 80 ARTICLE XIII ................................................................................................................. 81 TERM 81
FCEA LEAVE OF ABSENCE POLICY - ADDENDUM I .............................................. 102 FCEA ATTENDANCE POLICY - ADDENDUM II ........................................................ 112
LEGEND
* * * = deleted old language
[§ deleted] = section/subsection deleted
[§§ deleted] = two or more sections/
subsections deleted
bold type = new language
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 1
ARTICLE I
PREAMBLE
A. PURPOSE
This Memorandum of Understanding (MOU), entered into between the City of Fresno, hereinafter referred to as the City, and the Fresno City Employees Association, Inc., hereinafter referred to as the Associatio n or unit, has as its purpose: the establishment of wages, hours, and other terms and conditions of employment.
B. DEFINITIONS
Unless the particular provision or the context otherwise requires, and, except to the extent that a particular word or phrase is otherwise specifically defined in this MOU, the definitions and provisions contained in Chapter 3 of the Fresno Municipal Code (FMC), Section 3- 101 of Article 1, Section 3- 201 and 3-202 of Article 2, Section 3-501 of Article 5 and Section 3-603 of Article 6, shall govern the construction, meaning, and application of words and phrases used herein.
The definition of each word or phr ase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.
C. GOVERNING LAWS
The employer-employee relationship between the City and its employees and the City and the Association is governed by Chapter 10 of Division 4 of Title I of the Government Code (Section 3500 et seq., commonly known as the Meyers - Milias-Brown Act), and Article 6 of Chapter 3 of the FMC as may be amended from time to time. In the event of any conflict between said laws and this MOU, said laws shall govern.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 2
ARTICLE II
EMPLOYEE RIGHTS
A. GENERAL
The rights of employees, except as expressly modified herein, are as set forth in Chapter 3, Article 6, Section 3-604 of the FMC. Execution of this MOU by the Association shall not be deemed a waiver of any Association or employee right unless the right is clearly or explicitly modified or restricted herein.
B. NONDISCRIMINATION
The provisions of this MOU shall apply equally to, and be exercised by, all employees consistent with state and federal nondiscrimination statutes and City policies.
C. REPRESENTATION OF EMPLOYEES
1. The City recognizes the right of employees in this Unit to be represented by the Association in their employer-employee relationship with the City.
An employee whose presence is requested by management to discuss or review an action of the employee has the right to be represented by an officer, director, or designee of the Association if it appears that the discussion or review may result in adverse action. Should an employee request such representation, no further discussion or review may occur until a representative is present, except that an unreasonable delay shall not result from such a request. The presence of a representative of the employee's own choosing, who is not an officer , director, or designee of the Association, shall satisfy the requirements of this section.
2. This Section does not apply to the normal ongoing employment relationship or supervisor/subordinate relationship between the City and its employees, when such matters as, including but not limited to, work direction, scheduling, and non- disciplinary couns eling or performance evaluation, are the subjects of the discussion or review.
3. The President, or acting President, of the Association shall be provided up to twenty-five percent (25%) release time when not engaged with the City in active successor MOU negotiations. Active successor MOU negotiations are defined as beginning six (6) months before the operating MOU expires until Council adopts the successor MOU. During active successor MOU negotiations with the City the amount of release time shall be (50%) for the President. The percentage of release time for the Association President shall be based on the full time equi valent of the permanent City position held by the President per fiscal year. Release time shall be reimbursed by the Association time bank set forth in Section C, subsection 4 below, to conduct routine Association business. The Vice MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 3 President and all other Association representatives shall be allowed, subject to the approval of the employee's respective supervisor and the needs of the City, release time to conduct Association business reimbursed by the Association time bank. Release time requests should be made by the President or designee through the Labor Relations Division. The President and Vice President may be allowed not more than forty (40) hours of Leave Without Pay per fiscal year, for the conduct of Association business. Approval by the supervisor shall not be unreasonably withheld. Leave taken under this section shall be reported through an approved payroll process for purposes of accounting for the hours taken.
4. The City shall provide the Association an account of the time bank balance on a monthly basis. When the time bank balance falls below two hundred fifty (250) hours, and upon written notification of the Association the City shall deduct one (1) hour from the Vacation Leave bank of all employees represented by the Association to be placed in the time bank, regardless of if there is sufficient Vacation Leave in the employee’s bank.
No more than two (2) time bank replenishments shall take place per fiscal year. It is agreed by the parties that once accrued V acation Leave is placed in the Association time bank, the City no longer has any obligation to compensate affected members, either in cash or equivalent time off.
5. Reasonable access to employee work locations shall be granted officers of the Association and their officially designated representatives, for the purpose of processing grievances or contacting members of their respective organizations concerning business within the scope of representation. Such officers or representatives shall not enter or be present at any work location without the consent of the department director or designee. Consent of the department director or designee may be given whenever the director or designee determines such access or presence will not interfere with the normal operations of the department or with established safety or security requirements. Solicitation of membership and activities concerned with the internal management of the Association, including but not limited to collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature, shall not be conducted during working hours.
D. PERSONNEL FILES
1. The Personnel Services Department, under the direction of the Director of the Personnel Services Department, shall maintain the official personnel file for each employee. Each employee may review, or authorize in writing, its review by a designated representative, subject to reasonable rul es and regulations, and receive a copy of all material placed in either their official file or departmental file. If an employee disagrees with the content of a document placed in either file, it shall be the right of the employee to submit a response to t he Director of the MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 4 Personnel Services Department to be attached to the document in question and included in the appropriate file. Personnel files are considered confidential and access shall be limited.
2. Documents, including performance evaluations, retained in the employee's departmental file shall be forwarded to the employee's new department in a confidential manner when the employee transfers, promotes, or demotes. The file shall be forwarded in a conf idential manner to the Personnel Services Department when the employee leaves City service.
3. Inquiries regarding employment references shall be administered in accordance with existing City policies.
4. Letters of Understanding shall not be placed in an employee’s Personnel File unless they are attached to a disciplinary action for the purpose of demonstrating prior direction or instruction.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 5
ARTICLE III
CITY RIGHTS
A. GENERAL
1. The Association and the City agree that the rights of the City are as set forth in Chapter 3, Article 6, Section 3-605 of the FMC:
a. The exclusive rights of the City include, but are not limited to, the right to
(1) determine the mission of its constituent departments, divisions, commissions, and boards;
(2) set standards of service and municipal fees and charges;
(3) determine the procedures and standards of selection for employment, assignment, transfer, and promotion;
(4) direct its employees;
(5) take disciplinary action;
(6) relieve its employees from duty because of lack of work or for other legitimate reasons;
(7) maintain the efficiency of governmental operations;
(8) determine the methods, means, and personnel by which government operations are to be conducted;
(9) determine the content of job classifications;
(10) take all necessary actions to carry out its mission in emergencies;
(11) exercise complete control and discretion over its
organization and the technology of performing its work."
b. All rights formerly or presently claimed by or vested in the City on the effective date of this Article and not mentioned in Subsection (a) are retained by the City unless explicitly waived by the City by resolution of the Council or by Council-approved MOU.
2. This MOU is not intended to restrict consultation in good faith with the Association regarding matters within the right of the City to determine.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 6
3. Nothing in this MOU shall be construed as delegating to others the authority conferred by law on the City, or in any way abridging or reducing such authority.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 7
ARTICLE IV
RECOGNITION
A. ASSOCIATION RECOGNITION
The City acknowledges the Association as the recognized employee organization representing the Non-Supervisory White Collar Unit, and therefore, the parties agree to meet and confer in good faith promptly upon request by either party and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals. In order that the meet and confer process may include adequate time for full consideration of the proposals of both parties and for resolution of any impasse, either party may open negotiations as early as five (5) months before the MOU expires.
B. ASSOCIATION OFFICERS AND DIRECTORS
A written list of the Officers of the Association and the Association Directors, with the specific areas they represent, shall be furnished to the City immediately after their designation and the Association shall notify the City promptly in writing of any changes of such Association Officers or Directors.
C. ASSOCIATION BULLETIN BOARDS
The City shall provide space, or access to space, for the exclusive use of the Association for bulletin boards. The space provided shall be no fewer than 24 x 36 inches. Bulletin boards may be placed by the Association in locations where there is representation by the Association, except that only one bulletin board shall be placed in a common area where several divisions are represented.
Where divisions are in separate physical locations, a bulletin board may be placed by the Association in each physical location of the division.
D. REPRESENTATION
The City will not interfere with, or discriminate in any way against, any employee by reason of their membership in the Association.
E. RECOGNITION OF UNIT DESCRIPTION
The Non- Supervisory White Collar Unit consists of all employees holding a permanent position, as defined in Chapter 3, Article 2, Section 3-202 of the FMC in the classes listed in Unit 3, Exhibit 3, of the current salary resolution, as such Unit may be amended from time to time pursuant to the provisions of the FMC.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 8 F. ASSOCIATION BY-LAWS
The Association will provide a copy of its By -Laws to the Labor Relations Division. An updated copy of the By -Laws will be provided to Labor Relations whenever the By-Laws are changed.
G. CITY RECOGNITION
The Association recognizes the City Manager of the City, or such other person as may be designated in writing, as the designated representative of the City, pursuant to Chapter 3, Article 6, Section 3-615 of the FMC, and agrees to meet and confer in good f aith promptly upon request by the City and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals.
H. RECOGNITION OF MUTUAL OBLIGATION
The Association and the City recognize and acknowledge their mutual obligation and responsibility to effectuate the purposes set forth in, and to adhere to the conditions and clauses set forth in, this MOU.
I. LOCKOUT AND STRIKE
1. No lockout of employees shall be instituted by the City during the term of this MOU.
2. No unlawful strike or work stoppage by City employees, as defined in Chapter 3, Article 6, Section 3-624 of the FMC, or State bargaining laws, shall be caused, instigated, encouraged, condoned, participated in, or honored by the Association or its members during the term of this MOU.
3. During the term of this MOU, the Association will not condone or support so- called “sympathy strikes” where a strike or work stoppage is declared by another union.
Nothing in this provision shall be construed to require Association members to cross a lawful primary picket line established by another labor organization when doing so would demonstrate risk to their personal safety or would otherwise violate the law.
This provision shall not interfere with any members’ individual legal right to engage in a sympathy strike, nor restrain any member from refusing to cross picket lines. All members, including Executive Board members, reserve their individual, legal right to sympathy strike.
J. ASSEMBLY BILL 2561
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 9 Assembly Bill 2561 adds Section 3502.3 to the Government Code to require all local public agencies, including special districts, to hold yearly public hearings on specified topics relating to recruitment and retention. The City and FCEA agree as follows:
1. Notice of time and date of hearing shall be given to FCEA ten (10) working days prior to the hearing, to allow for preparation of the union presentation. The notice shall include the right of the union to make a presentation at the hearing.
2. FCEA will respond within 7 working days of its intention to present at the hearing, and advise the city of the estimated time for the presentation.
3. FCEA will transmit Labor Relations and the City Clerk documents or other electronic media to be used in the
hearing in advance of the hearing as per City Clerk rules.
4. During the presentation, if any Councilperson has
questions that require further study to answer, FCEA will seek to provide answers after the presentation.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 10
ARTICLE V
PERSONNEL PROCEDURES
A. CLASS REVIEWS
If it is determined that a need exists for the establishment of any new classes, the City shall meet and confer with the Association on the base salary when the review is completed, but prior to any Council action.
B. REVISIONS TO CLASS SPECIFICATIONS
Proposed revisions to specifications for classes contained in the Unit shall be provided to the Association for review and comment prior to their adoption by the Director of Personnel Services.
C. RECLASSIFICATIONS
This provision shall apply solely to classifications represented by the Association and is not applicable to reclassifications which have the result of employees moving out of the FCEA unit. In the event of the reclassification of a position to a class of a higher level, the incumbent shall be granted the same status in the new class as they had in the former class, if the Director of Personnel Services finds that all the following conditions have been met:
1. That the reason for the reclassification of the position is the gradual accretion of new duties and responsibilities over a period of one (1) or more years immediately preceding the effective date of such reclassification.
2. That the accretion of duties has taken place during the incumbency of the present incumbent in such position.
3. That the added duties and responsibilities upon which reclassification is based have not been previously assigned to a class of the same or lower level.
4. All provisions of the FMC and Administrative Orders (AO) regarding reclassification not in conflict with this section remain in effect.
D. REQUESTS FOR TRANSFER
1. A permanent employee may request consideration for transfer to vacant positions in the same class by submitting a written request to the Director of Personnel Services . When vacancies occur in the class, names of employees requesting transfer shall be submitted for consideration concurrent with the certification of names from an eligible list. Transfers between departments require the approval of both appointing authorities.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 11 Approval of transfer shall not be unreasonably withheld by the appointing authority in the department from which transfer is sought.
2. The transfer of employees shall be governed by the provisions of the FMC Section 3-261 and 3-262.
3. Department management shall notify transfer applicants a minimum of twenty-four hours before the interview. Employees may agree to be interviewed sooner. Any transfer applicant who is offered a transfer shall have a minimum of twenty-four (24) hours to accept or reject the transfer.
4. Employees who wish to be considered for transfer to another position in the same class within their own Department may do so by submitting a written request to their appointing authority. The appointing authority shall give concurrent consideration to an employee who requests such a transfer.
5. The transfer of probationary employees shall be governed by FMC Section 3-274.
E. RETURN TO FORMER POSITION
Any member of this Unit who does not pass the required probationary period after being promoted or transferred to another position who returns to their former permanent position in the division/work unit from where the employee was initially promoted or tr ansferred, shall retain seniority in that division/work unit only for the purposes of bidding on vacation slots or shift assignments, if applicable. Such bidding rights shall not be applicable for any bidding process that is initiated and/or completed prior to the employee’s return to the unit.
F. FLEXIBLE STAFFING
Flexible staffing will be in accordance with AO 2- 10, Flexible Staffing, except that the probationary period for Emergency Services Dispatcher I and Fire Prevention Inspector I shall be up to eighteen (18) months at the discretion of management. Any contemplated addition or deletion of a flexibly staffed class shall be discussed with the Association, in a timely manner and prior to such action by the Director of the Personnel Services Department.
G. TEMPORARY MODIFICATION OF WORK HOURS
With seventy-two (72) hour notice to affected employees, departments/divisions may temporarily modify an employee's regular schedule to address backlog/workload concerns. This temporary modification shall not exceed one (1) month, unless mutually agreed to by the parties.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 12 H. WORK SCHEDULES (General Provision)
1. Department directors or their designees shall be solely responsible for determining and designating divisions, units, sections, specific job classes within their respective departments that may implement variations to the standard/normal/workweek work schedule. A minimum of thirty (30) calendar days’ written notice shall be provided to affected employees, FCEA and the Labor Relations Division.
2. Subject to meet and consult pursuant to the provisions of Chapter 3, Article 6, Section 3 -607 of the FMC prior to implementation of such changes, alternative workweek work schedules may be necessary in order to meet the service needs of the public/other City departments, and/or other operational efficiency requirements. It is expressly understood that position assignments by classification, staffing levels, workweek work schedules, and days off are determined solely by management, and are subject to change based on, including but not limited to, varying workload, the addition of authorized staffing, and departmental operational and service need.
a. If established, employees shall select a 5/8, 4/10 or 9/80 workweek work schedule according to department/division selection processes. Absent sufficient selections, management will assign employees to a 5/8 or 4/10 workweek work schedule, or combination thereof or to an established 9/80 workweek work schedule.
b. Except for emergencies, employees working a 4/10 schedule or who have days off other than Saturday and Sunday, will make every effort to schedule all medically -based appointments on off duty time.
3. The hours for employees working a 5/8 will consist of five (5) eight (8) hour days with two (2) consecutive days off. The hours for employees working a 4/10 will consist of four (4) ten (10) hour days with three (3) days off, of which two (2) of the days off will be consecutive. Each 9/80 work schedule will consist of eight 9-hour shifts, one 8-hour shift and one day off in addition to regular days off, per 14-day period broken down into two 40-hour per week Fair Labor Standards Act (FLSA) work weeks. All employees working a 9/80 work schedule shall have an FLSA work week which begins four (4) hours after the start time of the day of the week which constitutes the employee’s alternati ng day off. This shall be an 8-hour shift. The work week shall end exactly 168 hours later. The scheduled eight (8) hour work day/day off must be either a Monday or Friday if department operations are Monday through Friday and must be part of the employee’s consecutive days off. The workweek for each such position will be defined in writing. The original document will be maintained by the Department and a copy filed with the Personnel MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 13 Services Department and the Payroll Division of the Finance Department.
The work week for an established 9/80 work schedule will not be changed to accommodate temporary schedule changes. Scheduling of days off will be determined by management.
4. Departments/divisions may discontinue alternativ e workweek work schedules if it is determined by management that they detrimentally affect department/division operations and services. Thirty (30) days advance notice will be given in writing to affected employees, FCEA and the Labor Relations Division. If departments/divisions discontinue alternative workweek work schedules established under this provision, employees will revert to 5/8 standard/normal workweek work schedules as determined by management.
5. Flexible work schedules may be mutually agreed on if they do not exceed forty (40) hours of scheduled work in a defined Fair Labor Standards Act (FLSA) work week. These flexible work schedules shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency, increase overall costs to the City as determined by the Appointing Authority or designee, and must comply with wage/hour laws. Flexible work schedules must be documented on an Alternative Work Schedule Request form and be approved by the employee, their Supervisor, and the Appointing Authority. If approved by all parties, the original will go to the Personnel Services Department to be filed in their personnel file with a copy to City Payroll, the employee, and the Depart ment. An employee’s flexible work schedule may be revoked by either party upon thirty (30) calendar days’ written notice to the other party at which time the member will return to their prior regular schedule. If this occurs, City Payroll shall be notified of this change in writing as soon as possible. An employee’s flexible work schedule may continue only by mutual agreement of all parties. An employee working a flexible work schedule shall be paid overtime if the employee meets all two (2) conditions below:
a. The employee worked beyond their scheduled flexible work hours; and
b. The total hours worked exceeded forty (40) in the work week.
5 6. Except as detailed directly below, applicable Salary Resolution, FMC, and AO sections concerning 4/10 alternative workweek work schedules limitations on OT, holidays, leave accrual and usage, sick leave accrual and usage, and night shift premium pay will govern.
a. OT - Work in excess of ten (10) hours in one (1) day shall be compensated at one and one-half (1½) times the base rate of pay.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 14 All hours worked on either the first or second day off in a workweek shall be compensated at one and one- half (1 ½) times the base rate of pay.
Work on the third day off in a workweek, shall be compensated at two (2) times the base rate of pay.
If overtime continues past midnight and rolls into the following workday, the overtime will be paid at the rate effective at the start of the shift.
Employees who are assigned to work on a holiday will be paid in accordance with the provisions of Article VIII, Section T.
b. Holidays - Employees working a 4/10 shall receive twelve (12) holidays consisting of eight (8) hours each, and an additional eight (8) hours for the employee’s birthday. Employees who are off on a holiday which falls on a regular workday shall receive eight (8) hours base pay for the holiday, and may elect to take two (2) hours vacation, holiday or CTO to provide for a full ten (10) hours pay, or may elect to receive two (2) hours leave without pay.
c. Sick Leave - Employees working a 4/10 work schedule shall accumulate the same number of hours of sick leave per month as under the 5/8 standard.
d. Vacation - Employees working a 4/10 work schedule shall accumulate the same number of hours of vacation per month as under the 5/8 standard.
6 7. Except as detailed directly below, applicable Salary Resolution, FMC, and Administrative Order sections will govern concerning 9/80 alternative workweek work schedules, limitations on OT, holidays, leave accrual and usage, sick leave accrual and usage, and night shift premium pay will govern.
a. OT - Work in excess of nine (9) hours in one (1) day on scheduled nine (9) hour days and eight (8) hours on scheduled eight (8) hour days shall be compensated at one and one- half (1 ½) times the base rate of pay.
For periods when there are three (3) consecutive days off, all hours worked on either the first or second day off in a workweek shall be compensated at one and one- half (1 ½) times the base rate of pay. All hours worked on the third consecutive day off in a workweek shall be compensated at two (2) times the base rate of pay.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 15 For periods when there are two (2) consecutive days off, all hours worked on the first day off shall be compensated at the rate of one and one-half (1 ½) times the base rate of pay. All hours worked on the second day off in a workweek shall be compensated at two (2) times the base rate of pay.
If overtime continues past midnight and rolls into the following workday, the overtime will be paid at the rate effective at the start of the shift.
Employees who are assigned to work on a holiday will be paid in accordance with the provisions of Article VIII, Section T.
b. Holidays - Employees working a 9/80 shall receive twelve (12) holidays consisting of eight (8) hours each, and an additional eight (8) hours for the employee’s birthday. Employees who are off on a holiday which falls on a regularly scheduled workday shall receive eight (8) hours base pay for the holiday. Employees may elect to take one (1) hour vacation, holiday, or CTO to provide for a full nine (9) hours pay for a day which is regularly scheduled for nine (9) hours pay, or may elect to receive one (1) hour leave without pay.
c. Sick Leave - Employees working a 9/80 schedule shall accumulate the same number of sick leave hours per month as under the 5/8 standard work week.
d. Vacation - Employees working a 9/80 work schedule shall accumulate the same number of vacation hours per month as under the 5/8 standard work week.
I. PROBATIONARY PERIOD
1. Employees in classes designated as a flexibly staffed series (entry and journey levels) shall serve a total probationary period of twelve (12) months unless otherwise noted in the Salary Resolution.
2. The probationary period for Emergency Services Dispatcher I shall be up to eighteen (18) months, or after twelve (12) months of service if flexed to Emergency Services Dispatcher II.
3. The probationary period for Fire Prevention Inspector I shall be up to eighteen (18) months, or after twelve (12) months of service if flexed to Fire Prevention Inspector II.
4. Except for employees listed in subsections 2 and 3 above, the probationary period for all classes in this Unit shall be twelve (12) months.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 16
5. The probationary period shall be an essential part of the examination process and shall be used for the effective adjustment of the employee to meet the required standard of work. Time spent on any leave of absence, or time during which an employee is unable to perform the full range of duties due to injury or illness, whether or not job- related, shall not be considered as a part of any probationary period, and such time will be added to the probationary period. The City shall conduct employee evaluations during the probationary period pursuant to this MOU.
J. STEP INCREASES
Employees hired into classes, which have step increases, will move from Step “A” to Step “B” on the anniversary date, which is twelve (12) calendar months from the date the employee was appointed to the current class, subject to the provisions set forth in Section I, above.
Flex classes listed below remain eligible to flex to the journey level after six (6) months of satisfactory service for a total probationary period of twelve (12) months as outlined in AO 2-10. Those classes are:
Account Clerk I to II
Administrative Clerk I to II
Animal Care Specialist I to II
Animal Services Representative I to II
Call Center Representative I to II
Customer Services Clerk I to II
Engineering Aide I to II
Planner I to II
K. MOVEMENT BETWEEN STEPS & EMPLOYEE PE RFORMANCE
EVALUATIONS
1. Each City department shall conduct , at minimum, annual employee performance evaluations on a department -wide basis for all non- probationary employees which shall be the basis for movement to the next highest step for the class . Progression to successive steps in the class shall be automatic except that following an unsatisfactory performance evaluation, a step progression may be delayed by the appointing authority for not more than six (6) months.
2. Supervisors shall complete quarterly evaluations on probationary employees as follows: evaluations shall be completed at three- month, six- month, nine-month and twelve- month intervals.
3. Every rating of “Improvement Needed” shall contain the reason for the rating in the Supervisor comments and should include how to successfully overcome the deficiency.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 17
4. An employee who disagrees with the content of a performance evaluation which does not result in the denial of a step advancement may within fifteen (15) calendar days from the date of receipt of the performance evaluation:
a. Write a rebuttal statement for attachment to the performance evaluation form; and/or
b. Request further review with the supervisor of the reviewer, but in no case higher than the department head.
5. In the event a performance evaluation results in an employee being denied advancement to the next higher step, the employee may appeal the decision to a review committee by filing a written request with the department director within fifteen (15) calendar days from the date of receipt of the performance evaluation.
6. The department director shall convene a review committee within fifteen (15) calendar days following the receipt of the written appeal. The review committee shall be comprised of a representative selected by the employee, a representative selected by the department director, and a third member mutually agreed to by the first two. In the event an agreement cannot be reached concerning the third member of the committee, the Labor Relations Manager and the FCEA Business Agent shall select one by mutual agreement.
7. The employee shall present the reasons for the appeal on their own behalf, and the person who conducted the evaluation shall present the basis for the denial of the step advancement. In order to expedite the process, only oral and documentary information shall be presented. The deliberations of the committee shall be confidential and no other individuals shall be present. The committee's findings shall be issued at the conclusion of the hearing and shall be final and binding. In the event the committee rules in favor of the employee, the step advancement shall be implemented retroactive to the date the increase would have occurred.
8. An employee not receiving a step increase shall have an additional performance evaluation within six (6) months.
9. It is understood and agreed by the parties that if a performance evaluation is not presented to the employee within fifteen (15) calendar days following the date the step increase is to become effective, the employee will be considered to have met the performance requirements of the position during the preceding rating period.
10. In the event a performance evaluation contains an Overall Rating of “Unsatisfactory/Needs Improvement” the employee may , within fifteen MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 18 (15) calendar days from the date of receipt of the performance evaluation, appeal the decision to the department director. The department director’s decision shall be final and non-appealable.
11. Evaluations for non-probationary employees are not to take the place of disciplinary/corrective actions as outlined in AO 2-14.
12. Employee performance evaluations are not subject to the grievance procedure.
L. SAFETY
1. The City and the Association shall undertake to promote the realization of the responsibilities of the individual employee with regard to preventing accidents to themselves or to their fellow employees. In the event any safety or health hazard is detected, it shall be reported promptly to the appropriate supervisor. No employee shall be discharged or otherwise disciplined for bringing to the attention of their supervisor any unsafe condition.
1. Employees in the classes of Environmental Control Officer, Industrial Waste Inspector and Lab Technician who work at the Wastewater Treatment Plant, and Crime Scene Technicians I, II, and Senior have the option of seeing the City physician on an annual bas is, without charge, for the purpose of receiving a complete blood count, blood chemistry test, and a urinalysis.
2. The City will provide, at no cost, to all classes of Crime Scene Technicians who are identified as having an exposure to Hepatitis B, a Hep B Surface AB, Quantitative test to measure immunity effectiveness, and an annual Tuberculosis test. Employees will make every effort to schedule an appointment for testing to occur on their day of f. In no case will an employee be paid overtime compensation for attending the appointment.
M. EXCHANGE OF INFORMATION
On a timely basis, the City shall provide electronic copies via email notification to the Association of amendments to the City’s Administrative Orders (AO), new and amended Salary Resolutions, new and amended Position Authorization Resolutions, and job bulletins for classes in this Unit.
On a monthly basis, the City will send the Association a list of members who left the Unit during the previous month and the reason for leaving.
Employees New to Unit 3
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 19
1. The Personnel Services Department (PSD) provides a new employee orientation program to all new City employees (i.e., NEO). PSD will notify FCEA’s President and Employee Representative at least ten (10) days in advance of a scheduled NEO, and at the end of the work week immediately preceding the NEO if the NEO will include any individuals who will be represented by FCEA, unless the City is unable to reasonably do so because of an unforeseeable urgent need critical to City operations. Should this occur, the City will arrange, at FCEA’s request, 30 minutes of time during the employees ’ shift to meet with a representative of FCEA. Association representatives will be invited to the NEO meeting room immediately prior to the bargaining unit session and will be introduced by a City staff member. The session will be scheduled for thirty (30) minutes at the conclusion of the City’s presentation on the second day. This session will not be held if there are no new bargaining unit members attending the NEO or if Association representatives are not available.
2. The City agrees to notify FCEA’s President and Employee Representative of employees entering Unit 3 who are not subject to a New Employee Orientation. The City agrees to arrange for thirty (30) minutes of time, during the employees’ regular shift at their Department, to meet with an Association representative.
3. If Association representatives are on- duty City employees, release time will be granted pursuant to the FCEA Memorandum of Understanding MOU with the City and past practice.
Employee Information
1. The City will provide the employee information it has on file in compliance with AB 119 for all new hires in the bargaining unit within 30 days of hire, as well as unit employees represented by FCEA on a monthly basis.
2. Pursuant to Government Code §3558 (in AB 119), and County of Los Angeles v. Los Angeles County Employee Relations Com. (2013) 56 CAL. 4
th 905), employees may elect to withhold their personal addresses, personal phone numbers, and personal email addresses. The City shall not encourage employees to opt out of providing information to the Association, but will respond to inquiries regarding those who want to opt out and provide information as to how they can opt out or change an opt out to allow the City to pr ovide personal addresses and phone numbers to FCEA. Employees shall also be advised on how to opt back in to allowing personal addresses and phone numbers to FCEA.
3. The City shall also refer new employees who inquire about opting out of providing their personal contact information to FCEA and advise them that FCEA will discuss opting out of providing personal information at New Employee Orientation (NEO). FCEA will ad vise new employees of MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 20 their right to opt out. FCEA will collect written requests for opt out from new employees and will provide the written requests to the City. FCEA agrees to indemnify the City for any claims from employees in Unit 3 that they were not advised of their right to opt out of providing personal addresses and phone numbers.
N. LAY-OFF PROCEDURES
Layoff of employees shall be governed by Chapter 3, Article 2, Section 3-291 of the FMC. As all employees placed into the classifications of Community Revitalization Specialist and Senior Community Revitalization Specialist effective April 28, 2011 will have the same hire date, the City and FCEA agree that seniority for the purposes of layoff for these employees will be determined by the total number of continuous years of permanent City service. Should there continue to be a tie, the determination will be made by chance in a manner agreed to by the parties. This determination of seniority does not set precedent and shall not apply to other employees hired into these classifications.
O. IN LIEU OF SUSPENSION FOR DISCIPLINARY ACTION
By mutual agreement between the department director or designee and the employee, an employee suspended from duty without pay may be allowed to forfeit accumulated holiday, CTO, and/or vacation hours equal to the number of hours of suspension in lieu of leave without pay. If the suspension is reduced or reversed at the conclusion of the appeal process, the City shall reinstate the forfeited hours. This provision is not subject to the grievance process.
P. THIRD PARTY PLAN CHECK REVIEW AND CONTRACTING OF PLAN
CHECK REVIEW
1. Third Party Plan Check Review
A. Planning and Development (P & D) will institute a Third Party Plan Check Review program that will allow an applicant to select a City - approved pre- qualified firm, negotiate fees and timelines directly with that firm, and return a completed set of plan documents to the City to issue building permits.
B. The Third Party Plan Check Review program will not be utilized to privatize staff or work that could be done by employees. The City agrees that no elimination, defunding, or freezing of Unit 3 positions in P&D existing as of the effective date of this Agreement related to the Third Party Plan Check Review program will occur unless the Third Party Plan Check Review program has been discontinued for sixty (60) calendar days or more.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 21 C. Once discontinued, the Third Party Plan Review program will not be reinstituted unless there is mutual agreement between the City and the Association.
2. Contracting of Plan Check Review and Planning
A. P&D may also contract out Plan Check Review and Planning work under the same terms and conditions as provided for the Third Party Plan Check Review program above. The City agrees that no elimination, defunding, or freezing of Unit 3 positions in P&D existing as of the effective date of this Agreement related to contracting of Plan Check Review and Planning work will occur unless the Plan Check Review and Planning contract work has been discontinued for sixty (60) days or more.
B. Once discontinued, Plan Check Review and Planning will not be reinstituted unless there is mutual agreement between the City and the Association.
1. When vacancies occur in Unit 3 positions in P&D related to the Third Party Plan Check Review program and/or
contracting out work on Plan Check Review and Planning
while they are occurring, the City agrees the positions will remain funded and every reasonable effort will be made to recruit new employees to fill the vacancies.
2. The City agrees to meet with the Association annually to discuss the volume of activity and the benefit of contracting out work in meeting the needs of the community and staff meeting timelines for service delivery.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 22
ARTICLE VI
PROCEDURES FOR DISPUTE RESOLUTIONS
A. GRIEVANCE PROCEDURE
1 A grievance is a dispute concerning the interpretation or application of any existing City policy, written rule or regulation governing personnel practices or working conditions, including this MOU. A grievance involves the claimed misapplication or misinterpretation of a rule or regulation relating to an existing right or duty; it does not relate to the establishment or abolishment of a right or duty. This procedure shall not apply to any dispute for which there is another established resolution procedure, including but not limited to appeal to the Fresno Civil Service Board, Retirement Board, Public Employment Relations Board unfair practice charge, or fact-finding procedure, or as outlined below.
2. A written grievance must set forth the rule, regulation, policy, or specific section of the MOU claimed to have been violated, describe the specific incident or circumstances of the alleged violation, and specify the remedy sought. Any dispute between the parties as to the grievability of an issue or as to whether the requirements of this procedure have been met shall be presented to the Grievance Advisory Committee. The Grievance Advisory Committee shall rule on the dispute before proceeding with the hearing. The Grievance Advisory Committee will be bound by the agreement of the parties regarding timeliness.
3. At the request of the grievant, the Association may represent employees covered by this MOU on grievances under the grievance procedure.
4. The parties agree that it is in their mutual interest to resolve grievances at the earliest possible opport unity. In an effort to further this goal, Association Officers and Directors designated under this MOU shall be excused without loss of compensation from their regular duties for such time as is necessary to attend and represent the grievant at grievance hearings, beginning at the first level of supervision.
5. The procedure and sequence in filing and processing a grievance shall be as follows:
a. The employee and/or Association representative shall discuss the grievance with the grievant’s immediate supervisor before a written grievance may be filed.
(1) If the grievance is not settled through this discussion, it either may be discussed with the next highest supervisor or a written grievance may be filed with the grievant’s
immediate supervisor. A written grievance must be filed, MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 23 with a copy being sent to Labor Relations, within twenty - one (21) calendar days from the date the grievant becomes aware, or should have become aware of, the issue or
incident giving rise to the problem.
(2) Upon receipt of a written grievance, the immediate
supervisor shall give the grievant a written reply within ten (10) calendar days.
b. Should the grievant not be satisfied with the answer received from the grievant’s immediate supervisor, the grievant may, within ten (10) calendar days, file an appeal to the Department Head. The Department Head shall have ten (10) calendar days after rec eipt of the appeal to review the matter, investigate and provide a written answer to the appeal, explaining clearly the decision or proposed action and reasons thereof. The Department Head may confer with the grievant, the grievant’s representative and appropriate supervisors in an attempt to bring about a harmonious solution.
c. The City, the grievant and/or Association may mutually agree to waive steps one (1) and two (2) and proceed directly to hearing by the Grievance Advisory Committee when the issue is one over which the grievant’s supervisor or Department Head has no jurisdiction.
d. If the grievant is not satisfied with the decision of the Department Head, the grievant may, within ten (10) calendar days after receipt of the written reply, file a request for a review of the Department Head's decision to the Grievance Advisory Committee. The review/appeal to the Grievance Advisory Committee shall be reviewed by the Association before it is delivered to Labor Relations.
e. The City, the grievant and/or Association may agree to seek resolution of the grievance through mediation using the services of the State Mediation and Conciliation Service, prior to hearing by the Grievance Advisory Committee. Time limits for processing of the grievance are automatically extended for as long as mediation is in process.
f. The Grievance Advisory Committee shall be comprised of three (3) members: One selected by the Association, one selected by the City, and the Chairperson. The Chairperson may be chosen either by mutual agreement of the Association and the City, or by the "strike" method from a list of neutrals provided by the State Mediation and Conciliation Service. If the Chairperson is selected by the strike method from the list of neutrals provided by the State MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 24 Mediation and Conciliation Service, then the Grievance Advisory Committee shall be comprised exclusively of the selected neutral.
(1) Fees and expenses of the Chairperson shall be paid half by the City and half by the Association or the individual
grievant(s); provided, however, that the Grievance Advisory Committee may recommend that the City or the Association or the individual grievant(s) pay the total of such fees and expenses should it find that, but for the unreasonableness of that party's posture, the convening of the Committee would not have been necessary. The City and the
Association shall select a Chairperson within fourteen (14) calendar days of the receipt of a grievance requesting
review by a Grievance Advisory Committee by Labor
Relations.
(2) The neutral Grievance Advisory Committee shall be bound by the language of the MOU, City Administrative Orders , ordinances, rules, and regulations, and department rules and regulations consistent therewith in considering any issue properly before it . The neutral Grievance Advisory Committee shall be expressly confined to the precise
issues submitted and shall have no authority to consider any other issue not so submitted. The neutral Grievance Advisory Committee may not recommend changes in
established wa ges or benefits, nor recommend the
payment of back wages or benefits, prior to the date the grievance was timely filed.
g. A date for the Grievance Advisory Committee to convene will be set within thirty (30) calendar days from the date that a grievance reaches Labor Relations, provided it meets all criteria for the filing and processing of a grievance.
h. All time limits herein may be extended by mutual agreement of the parties.
i. The Grievance Advisory Committee shall conduct an evidentiary hearing, interview witnesses, and consider all relevant documents prior to submitting its conclusions and recommendations to the City Manager within thirty (30) calendar days of its last meeting.
j. The City Manager shall review the decision of the Department Head and recommendations of the Grievance Advisory
Committee, and shall render a written decision to the employee within fourteen (14) calendar days after receipt from the Grievance Advisory Committee.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 25 k. Failure of the grievant to file an appeal within the specified time limit shall constitute an abandonment of the grievance process.
Failure of the responsible supervisor or official of the City to render a decision within the specified time limit establi shed by this procedure shall automatically move the grievance to the next higher level for action, without action required of the grievant.
l. Written reprimands shall not be subject to the grievance procedure. However, a written letter of reprimand shall not be the basis for disciplinary action after three (3) years from the date the letter was issued to the employee.
B. ALTERNATIVE DISPUTE RESOLUTION PROCEDURE
The City and the Association agree that it is in their mutual interest to resolve disputes in the most expeditious and least expensive manner. In order to resolve certain disputes without resorting to litigation, the parties agree to pursue an alternative dispute resolution process in the form of mediation as set forth in this section.
1. Prior to the filing of an action in any court of competent jurisdiction challenging a decision of the Civil Service Board concerning Association matters or a decision of the City Manager concerning a grievance (as defined in this agreement), the party seeking to file such action (hereinafter the "moving party") must provide written notice to the other party.
2. Upon receipt of such written notice, the other party shall make a determination as to whether it wishes to pursue initiation of a mediation process to resolve the threatened litigation. If such party determines to pursue a mediation process, that party must notify the moving party in writing.
3. The parties shall jointly select a mediator and participate in the mediation so long as both parties consider it productive. Subject to their legal ability to do so, the parties shall agree that during the mediation process any statutory or legal deadlines for the filing of the subject litigation shall be waived.
4. Either party may file an action in court concerning the subject dispute under the following circumstances:
a. The mediation process is terminated by either party or upon mutual agreement.
b. The mediation process has not been concluded but failure to file the action shall prejudice the moving party's ability to file an action in the event the mediation process does not result in resolution.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 26
c. The mediation process has concluded without resolution of the dispute.
This alternative dispute resolution procedure shall also be utilized in the event either party decides to pursue an appeal of a court decision relating to an underlying decision of the Civil Service Board concerning Association matters or the City Manager concerning a grievance.
C. PAST PRACTICE
A past practice is defined as a course of conduct which by mutual agreement has been allowed to continue over a period of time. A past practice, which is inconsistent with any existing City policy, written rule or regulation governing personnel practices or working conditions, or the provisions of this MOU, shall be null and void and may be terminated upon written notice to the Association.
A past practice not covered by this MOU or City policies and procedures, which is within the scope of representation, may be terminated or altered only after the City has provided the Association with written notice and completed the meet and confer process consistent with the Meyers-Milias-Brown Act.
D. USE OF HEARING OFFICER IN DISCIPLINARY ACTION INITIATED BY CITY
Employees in this unit may select usage of a hearing officer instead of a hearing before the Civil Service Board for disciplinary actions. This usage shall be governed by the provisions of Chapter 3, Article 2, Section 3-283 of the FMC.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 27
ARTICLE VII
DUES DEDUCTION
A. DUES CHECK-OFF
1. The City shall deduct the dues or benefit premiums, or both, f ollowing receipt of notice from the Association that authorization has been provided to the Association by an employee in the Unit. The City shall stop dues deductions or benefit premium deductions, or both, upon receipt of notice from the Association that authorization has been provided to the Association by employees in the Unit. Should there be a dispute regarding the deduction of dues, the Association shall provide the City with a copy of the authorization(s) signed by the employee.
2. The Association, in consideration for and as a condition of the City withholding and transmitting payroll and benefit deductions authorized by this Section and in compliance with Government Code Section 1157.12, shall indemnify and hold harmless the City of Fresno, its officers, and employees from any liability that may result from making, canceling, or changing requested deductions.
3. Upon written authorization by a retired member of the Association, the City shall deduct credit union payments and Association dues and benefits from the retirement check of such retired member and forward same to the credit union or Association as designation in such authorization.
4. Except as authorized under sub- section 3. above, dues deductions will be discontinued when an employee leaves Unit 3.
B. EXCEPTIONS TO DUES DEDUCTION AUTHORIZATION
The earnings must be sufficient after other legal and required deductions are made to cover the amount of the authorized dues deduction. In the case of a member who is in a non-pay status, and whose salary is insufficient to cover other legal and required deductions, no dues deduction or deposit shall be made. At the request of the Association, the City shall deduct past Association dues from an employee entitled to back pay, provided the employee’s earnings are sufficient after other legal and required deductions are made to cover the amount in arrears.
C. DUES DEDUCTION TRANSFER
1. All such deductions shall be provided by electronic funds transfer to an account specified by the Association.
2. The deduction electronic funds transfer will be transmitted within fourteen (14) calendar days of each pay period end date.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 28
ARTICLE VIII
COMPENSATION AND BENEFITS
A. GENERAL
All economic benefits provided by Council ordinance or formal Council resolution and not otherwise clearly and explicitly modified or restricted in this MOU shall be continued without alteration during the term of this MOU. All economic benefit modifications in this MOU shall be effective the pay period after Council approval or June 17, 2024, whichever is later, unless explicitly stated otherwise in the MOU.
B. SALARY SCHEDULE
1. Effective December 30, 2024, the base rate of pay of all employees in this unit will be increased by two percent (2%) as reflected on Table II, attached hereto and incorporated by reference. The base rate of pay of all employees in this unit will be increased by five and one- quarter percent (5.25%) as reflected on Table I, attached hereto and incorporated by reference, effective the pay period after Council approval.
2. Permanent employees in this unit active as of the date of MOU implementation, after City Council approval and the expiration of the waiting period for the Mayor’s action provided in Charter Sections 605 and 609 shall receive a one-time lump sum payment equivalent to one percent (1%) of their annual base rate of pay as of June 16, 2024, to be paid in the pay period following Council approval. Temporary, limited and provisional employees in Unit 3 classifications are not eligible as well as any employees hired after June 16, 2024. The employee shall bear responsibility for any and all tax consequences resulting from this lump sum payment. The lump sum payment shall be compensable for retirement purposes.
C. FRESNO CITY EMPLOYEES HEALTH AND WELFARE TRUST
The City and the Association agree that the Fresno City Employees Health and Welfare Trust (“Trust”) has the authority to determine the benefits that will be provided during the term of this MOU. The sole responsibility of the City under this clause is to provide a set percentage of the total premium for such benefits to be contributed to the Trust by the City on behalf of the employees represented by the Association. The City contribution of the total premium shall be seventy percent (70%) and the employee share of the total premium shall be thirty percent (30%). Employees may opt to contribute the employee share through payroll deductions to make up the difference between the total premium and the City contribution to receive the maximum benefit coverage provided under the MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 29 Trust, or opt not to contribute the employee share and accept a reduced coverage option.
Should any other represented bargaining unit in the City negotiate a successor MOU, or extend the period of an MOU, or have terms imposed, any of which will result in a greater contribution by the City than that contributed for Unit 3 members during the term of this agreement or negotiations for successor agreement, the City will match the higher contribution at the Association’s written request.
The parties also agree to work collectively in conjunction with their Board representatives to research and recommend potential cost-saving measures for the Health & Welfare Trust, which may include a choice of health program options based on individual need or preference, including a reduced option equivalent to the City’s premium contribution, a separate rate for single employees with no dependents, or other flex plan programs; mandatory generic mail order drug maintenance for employees who require prescr iption drug therapy for any period of ninety (90) days or more; or other measures that may be identified as this work progresses.
D. WORKERS' COMPENSATION
1. Notwithstanding the provisions of Chapter 3, Article 1, Section 3- 118 of the FMC, the percentage of wages or salary received by employees holding a permanent position who suffers from an injury in the course and scope of City employment shall be the percentage established by the State of California workers’ compensation laws set forth in the California Labor Code.
Should the State mandated workers’ compensation rate of payment be adjusted, the City and the Association agree to a limited reopener, upon either party’s request, to meet and confer regarding adjustment of the rate herein stated.
Compensation for an accepted claim of a work related injury or illness shall begin following the first three (3) days after the employee leaves work as a result of the injury or illness. However, this three (3) day waiting period shall be waived and compensation shall begin on the first day of a work related injury or illness only if:
a. the employee is hospitalized as an inpatient for at least twenty - four (24) hours; or,
b. the employee is absent from work fourteen (14) days or more; or,
c. the employee is placed on light duty at any time during the first three (3) days.
2. Partial days of absence due to a work related injury or illness , including the day of injury or illness, shall be at full pay and shall not count toward MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 30 the three (3) day exclusion period; however, this time shall be recorded as injury absence.
3. At the employee's option, in the event the work related injury/illness pay is not provided during the first three (3) days of absence due to the work related injury or illness, the employee may, at the employee’s option, take sick leave, vacation, holiday , or compensatory time off (CTO), for that period.
4. If the employee opts to use sick leave, vacation, holiday, or CTO for the first three (3) days and it is later determined that work related injury/illness pay under paragraph 1., above, beginning on the first day of a work related injury/illness is appropriate, the leave time shall be restored to the employee and the employee’s pay or leave balance will be adjusted accordingly.
If the employee has been on leave without pay for the first three (3) days and it is later determined that pay is applicable from the first day, the employee shall be paid therefor.
5. If an employee is placed on sick leave, vacation, holiday, or CTO, pending determination as to whether the injury or illness is industrial, and the injury/illness is determined to be industrial, sick leave, vacation, holiday, or CTO, shall be restored within thirty (30) calendar days of such determination, and the employee placed on work related injury/illness leave as provided herein.
6. Retirement benefits shall not be reduced as a result of the level of compensation established herein. Changes in contribution by the City and employee shall be in accordance with applicable retirement code sections.
7. At the employee’s option, employees may elect to integrate their accrued leaves to supplement their workers’ compensation benefits during the first year of their workers’ compensation claim.
Employees with an approved workers’ compensation claim wishing to integrate their leaves must fill out a form made available by the City indicating the employee desires to integrate leave to supplement their workers’ compensation claim. If an employee has multiple workers’ compensation claims, an employee must fill out a form for each claim they wish to integrate leaves. Once the form is received by City Payroll, the integration will be effective at the beginning of the pay period in which the form is received.
Eligible employees who are absent from duty and are receiving workers’ compensation benefits who are eligible to use Sick Leave, Vacation Leave, Holiday Leave, Compensatory Time Off, or other available leave banks the employee is authorized to use, shall be MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 31 eligible to integrate a portion of their individual leave balances with workers’ compensation benefits as noted below.
Integrating leave balances is defined as the workers’ compensation benefit and the monetary value of the employee’s leave balances added together to provide a bi-weekly net income which shall be no more than one hundred percent (100%) of the employee’s normal bi- weekly gross wages (excluding overtime pay) immediately prior to the start of the workers’ compensation period.
Integrating leave balances with workers’ compensation benefits will continue only if leave balances are available and the employee remains eligible to receive workers’ compensation benefits.
An employee electing to integrate leave balances must first use available Sick Leave before integrating other eligible leave banks. If the employee chooses not to integrate leave or has no available balances, then the employee will only receive the workers’ compensation benefit.
Eligible permanent part-time and permanent intermittent employees shall be included in this program on a pro-rata basis.
If elected as described above, integration will end when their workers’ compensation benefits have terminated; the employee has exhausted all leave balances; the employee returned to work; the employee separated from City employment; or it is beyond one (1) year from the date of the workers’ compensation claim, whichever comes first in time.
In the event the City determines that legislative, administrative, or judicial determinations cause changes which in any way restricts, reduces, or prohibits any provision of this Agreement, the parties shall immediately meet to discuss necessary amendment s and/or modifications.
These changes shall be implemented within 90 days after ratification of the successor MOU.
E. EDUCATION FOR CITY EMPLOYEES
The City and FCEA agree to meet within the first two (2) weeks in January of each year to discuss the feasibility of reinstituting education benefits to employees in Unit 3.
F. USE OF PERSONAL VEHICLES
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 32
1. Employees may be required, at the discretion of the City, to use their personal vehicles on City business. Employees required to use their own vehicles on City business, other than traveling to and from work, shall be reimbursed in accordance with AO 2- 2, Transportation Allowance and Mileage Reimbursement Policy, and AO 8- 8, City Owned/Leased Vehicles-Acquisition, Assignment and Usage Policy. An employee shall not be required to use their personal vehicle unless the employee has been so authorized in accordance with the requirements set forth in this section. When use of a personal vehicle is required as a term and condition of employment for all positions in a class, such requirement shall be included in the specification for the class and the job bulletin. If the requirement is applicable only to certain posi tions in a class, employees, or potential employees, shall be notified of the requirement prior to appointment, transfer, or assignment, as appropriate.
2. The parking rates for employees in the downtown area shall be fifteen dollars ($15.00) per month for general parking and twenty dollars ($20.00) per month for an Official Vehicle Permit.
G. PREMIUM PAY
Premium pay will become effective on the first day of the pay period in which the employee submits the applicable new or renewal certificate to their department or the effective date of the new or renewal certificate, whichever is later. Upon expiration of the certificate(s) for which an employee is receiving certificate pay, certificate pay will be discontinued until such time the employee submits their renewal certificate to their department. Certificate pay will not be paid retroactively. Exceptions due to exigent circumstances, such as an error or delay on behalf of the organization issuing the certificate, may be considered on a case-by-case basis by the Director of Personnel Services or designee.
1. Permanent employees in the class of Planner II, who possess and maintain a valid State of California registration/license as a Civil Engineer, Structural Engineer, Electrical Engineer, Traffic Engineer, or Architect, shall be paid an additional five percent (5%) of their base rate of pay.
2. Permanent employees in the classes of Accountant -Auditor I/II, who possess and maintain a valid State of California license as a Certified Public Accountant, shall be paid an additional five percent (5%) of their base rate of pay.
3. Crime Scene Technician I/II/Sr.
a. Bachelor’s Degree Pay
Employees in the classes of Crime Scene Technician I/II /Sr. who possess a four (4) year college degree (Bachelor’s Degree) shall MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 33 be paid an additional three percent (3%) of their base rate of pay.
This pay is pensionable under the City of Fresno Retirement System.
b. POST Crime Scene Bureau Technician Course Pay
Employees in the classes of Crime Scene Technician I/II/Sr. who have at least five (5) years of consecutive permanent full- time service in any combination of the respective Crime Scene Technician classifications and have successfully completed either of the following POST Crime Scene Bureau Technician courses shall be paid an additional four percent (4%) of their base rate of pay:
• Basic POST Crime Scene Bureau Technician course
• Advanced POST Crime Scene Bureau Technician course
Premium pay for completion of more than one (1) course is not stackable, meaning an employee can only receive an additional four percent (4%) of their base rate of pay for POST Crime Scene Bureau Technician Course Pay regardless of the number of courses they complete. This pay is pensionable under the City of Fresno Retirement System.
c. International Association for Identification (IAI) Certificate Pay
Employees in the classes of Crime Scene Technician I/II/Sr. who possess any of the following IAI certificates shall be paid an additional four percent (4%) of their base rate of pay:
• IAI Latent Print Certificate
• IAI Crime Scene Certificate
• IAI Forensic Photography Certificate
IAI Certificate Pay for possession of more than one (1) IAI certificate is not stackable, meaning an employee can only receive an additional four percent (4%) of their base rate of pay for IAI Certificate Pay regardless of the number of IAI certificates they possess. The pay is pensionable under the City of Fresno Retirement System.
d. Bachelor’s Degree Pay, POST Crime Scene Bureau Technician Course Pay, and IAI Certificate Pay shall be stackable.
4. Permanent employees assigned to the Department of Public Utilities in the class of Environmental Control Officer who possess a valid Environmental Compliance Inspector Certificate issued by the California MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 34 Water Environment Association shall receive monthly certificate pay as follows:
Grade I $50/month
Grade II $75/month
Grade III $100/month
Grade IV $150/month
5. Permanent employees assigned to the Department of Public Utilities , in the class of Chemist or Laboratory Technician I/II/Senior, who possess a valid Laboratory Analyst Certificate issued by the California Water Environment Association shall receive monthly certificate pay as follows:
Grade I $50/month
Grade II $75/month
Grade III $100/month
Grade IV $150/month
6. Permanent employees assigned to the Department of Public Utilities’ Wastewater Division in the class of Water Systems Telemetry and Distributed Control Specialist/Senior who possess v alid Certificates as indicated will receive monthly payment as follows:
• Plant Maintenance Technologist Certificate issued by the California Water Environment Association
Grade I $50/month
• Electrical/Instrumentation Certificate issued by the California Water Environment Association
Grade I $50/month
Grade II $75/month
Grade III $100/month
Grace IV $150/month
• If an employee in thes e classes possess one of the certifications noted above and additionally holds a Water Treatment Operator Certificate (Grades I -IV) and/or Water Distribution Operator Certificate (Grades I-V) issued by the State Department of Health Services, the employee will receive an additional $100 per month.
7. Permanent employees assigned to the Department of Public Utilities’ Water Division in the class of Water Systems Telemetry and Distributed Control Specialist/Senior who possess valid Certificates as indicated will receive monthly certificate pay as follows:
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 35 • Plant Maintenance Technologist Certificate issued by the California Water Environment Association
Grade I $50/month
• Electrical/Instrumentation Certificate issued by the California Water Environment Association
Grade I $50/month
Grade II $75/month
Grade III $100/month
Grace IV $150/month
• Water Distribution Operator Certificate issued by the State Water Resources Control Board
DI $50/month
DII $100/month
DIII $150/month
DIV $200/month
• Water Treatment Operator Certificate issued by the State Water Resources Control Board
TI $100/month
TII $200/month
TIII $250/month
TIV $300/month
TV $300/month
• Employees who possess both a valid Water Distribution Operator Certificate and Water Treatment Operator Certificate will receive pay at the higher rate and $100/month for dual certification, except where the lower rate is less than $100/month.
8. Permanent employees assigned to the Department of Public Utilities in the class of Wastewater Reclamation Coordinator who possess valid Certificates as indicated will receive a monthly payment as follows:
• Biosolids Land Application Management Certificate issued by the California Water Environment Association - $50/month.
• Wastewater Treatment Plant Operator Certificate issued by the Department of Water Resources (in addition to the certificate above if applicable)
Grade I $50/month
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 36 Grade II $75/month
Grade III $100/month
Grade IV $150/month
Grade V $200/month
• If an employee in this class possesses one of the certifications above and additionally holds a valid Water Distribution Operator Certificate (DII or above) or Water Treatment Operator Certificate will receive an additional $100/month.
9. Permanent employees assigned to the Transportation Department in the class of Storeskeeper and Senior Storeskeeper who possess a valid P1 Medium Heavy Truck Parts Specialist certificate and a P2 Medium Heavy Trucks Specialist certificate issued by the Nati onal Institute for Automotive Service Excellence (NIASE) shall receive a certificate pay of fifty dollars ($50) per month.
10. Permanent employees in the class of Crime Specialist who possess and maintain a valid Certified Crime and Intelligence Analyst (CCIA) Certificate issued by an accredited college or university and recognized by the California Department of Justice shall receive a certificate pay of one hundred dollars ($100) per month.
911. All Premium Pay in this section is pensionable under the City of Fresno Retirement System.
1012. If during the term of this agreement, the Director of the Personnel Services Department determines that it is in the interest of the City to consider certificate pay for a position or positions represented by the Association, the parties shall meet to determine whether or not such certificate pay shall be provided.
H. BILINGUAL CERTIFICATION PROGRAM
1. The bilingual certification program consists of a City administered examination process whereby members of this Unit may apply for bilingual examination, and if certified by the examiner , receive bilingual premium pay for interpreting and translating.
2. The Bilingual certification examination will be conducted upon request.
Applications will be available at the Personnel Services Department and City department personnel units. Effective upon approval of this MOU, in order to remain eligible to receive bilingual premium pay, employees must take and pass the certification examination once every five (5) years.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 37 Department directors, or their designees, shall designate those positions or assignments for which bilingual skill is desired when an application is provided and annually. This may result in the loss of bilingual designation and pay.
3. Bilingual certification examinations are conducted for Armenian, Cambodian, Hindi, Hmong, Laotian, Punjabi, Sign, Spanish, and Vietnamese languages and any other languages outlined in the Salary Resolution.
4. The bilingual premium pay rate for certified permanent employees is one hundred dollars ($100) per month, regardless of how many languages for which an employee is certified. This pay is pensionable under the City of Fresno Retirement System.
a. Certified employees may interpret/translate for
departments/divisions they are not assigned to, provided the requesting department/division has a demonstrated customer service related need, and has obtained approval from the certified employee's supervisor.
b. Certified employees shall not refuse to interpret/translate while on paid status. Refusal may result in appropriate disciplinary action.
c. Except in the event of an emergency, bilingual employees who are not certified shall not be required to interpret/translate.
I. TEMPORARY ASSIGNMENT TO PERFORM DUTIES OF ABSENT
EMPLOYEES
1. In accordance with Chapter 3, Article 2, Section 3-260(c) of the FMC, an employee will neither be ordered, nor will be considered to be performing the duties of an absent employee unless prior written approval has been obtained, a copy of which will be given to the employee when ordered to perform the duties. In addition, when a position has been filled provisionally in accordance with the FMC, employees may be given a temporary assignment to perform the duties of the position upon the temporary absence of the provisional employee. All other provisions of the FMC, Chapter 3, Article 2, Section 3-260 and this Section shall apply.
2. After any permanent employee has completed forty (40) hours of service in a higher class pursuant to one (1) or more such assignments, which may be accumulated in half shift increments (e.g., 4 hours for 5/8 employees; 5 hours for 4/10 employees), the employee shall thereafter be paid at the rate of pay of t he higher class while so assigned for full days or shifts.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 38
3. Employees assigned in accordance with Section 1, above, are entitled to receive compensation attached to the higher position at the step closest to, but not less than three and one half percent (3.5%) above the employee’s current step placement. This pay is pensionable under the City of Fresno Retirement System.
J. TEMPORARY ASSIGNMENT PAY
1. Permanent employees in the class of Engineering Inspector II, whose assigned duties, related solely to a specific project, are of more than normal complexity or scope, may be paid at the comparable Associate Consultant I step level.
2. Permanent employees in the classes of Community Services Officer II (CSO) and Property and Evidence Technician (PET) assigned training functions and responsibilities shall be paid an additional five (5) percent of the employee’s base rate of pay for the actual time spent training.
Actual hours worked as a trainer in excess of eight (8) hours in a day, or forty (40) hours in a workweek, shall be paid at one and one- half (1 ½ ) times the CSO/PET training assignment rate of pay. CSOs and PETs may not elect to accrue CTO in lieu of cash payment for actual hours worked as a trainer in excess of eight (8) hours in a day, or forty (40) hours in a workweek. Receipt of this pay for functioning as a trainer is a temporary assignment, not a promotion. Training assi gnments, as well as the extension or expiration of such an assignment, are determined solely by the department. This pay is pensionable under the City of Fresno Retirement System.
3. Sr. CSOs may be assigned to train Police Cadets for the purpose of performing limited CSO functions and duties when the Department determines such assignment is necessary to meet the needs of the organization. Police Cadet training assignments for CSO IIs shall be on a voluntary basis.
K. UNIFORM ALLOWANCE, SAFETY SHOES, & SAFETY GLASSES
1. Except for employees listed in the subsections below, employees not covered by the City’s uniform program who are required to purchase, maintain, and wear a duty uniform shall receive a maintenance and replacement fee of thirty dollars ($30) per month to be prorated on a pay- period-by-pay-period basis.
2. Employees working in the below Class Series shall receive uniform allowances as follows:
a. Community Services Officer I/II/Senior, Park Ranger I/II/Senior, Animal Resource Officer I/II/Senior, Property and Evidence MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 39 Technicians, Crime Scene Technicians I/II/Senior, and Fire Prevention Inspector I/II/Senior
(1) New employees in these classifications who are required to purchase, maintain, and/or wear a uniform shall receive four hundred thirty -eight dollars ($438) in their first paycheck for the purpose of assisting in the purchase and maintenance of uniforms. Upon completion of the initial six (6) months of the probationary period, employees in these classes shall receive seventy-three dollars ($73) per month for uniform maintenance and replacement to be prorated
on a pay-period-by-pay period basis. In the event the new employee voluntarily leaves the position within the first six (6) months, the employee shall reimburse the City for one- sixth (1/6) of the four hundred thirty-eight dollars ($438) for each full calendar month to be prorated on a pay -period- by-pay-period basis.
(2) Employees in these classifications who have completed the required probationary period and who are required to
maintain and wear a uniform for four (4) months or more within any fiscal year shall receive seventy -three dollars ($73) per month, to be prorated on a pay -period-by-pay period basis.
(3) Employees in these classifications who are required to maintain and wear a uniform fewer than four (4) months
within any fiscal year shall receive twenty-four dollars ($24) per month, to be prorated on a pay -period-by-pay-period basis.
b. New Police Support Services Clerks/Technicians, Police Data Transcriptionists, and Rangemaster/Armorers, who are required to purchase, maintain, and/or wear a uniform shall receive two hundred seventy-six dollars ($276) in their first paycheck for the purpose of assisting in the purchase and maintenance of uniforms.
Upon completion of the initial six (6) months of the probationary period, employees in this class shall receive forty- six dollars ($46) per month for uniform maintenance and replacement to be prorated on a pay -period-by-pay-period basis. In the event the newly hired employee voluntarily leaves the position within the first six (6) months, the employee shall reimburse the City one sixth (1/6) of the two hundred seventy -six dollars ($276) for each full calendar month, to be prorated on a pay -period-by-pay period basis.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 40
3. Employees who receive a uniform allowance as set forth in any of the above provisions, and thereafter change classes, shall receive a prorated sum to compensate for any difference.
4. The City agrees to consult with the Association prior to the implementation of any change to the uniform policy and the City agrees to meet and confer with the Association before creating a uniform requirement for a new class or for employees in a class w hich currently is not required to wear a uniform.
5. Safety shoes for employees in Unit 3 shall be governed by the City of Fresno Illness and Injury Prevention Program (IIPP) and shall meet the CalOHSA General Industry Safety Order Foot Protection standards outlined in Title 8, Section 3385. The City will pr ovide a voucher for employees in this Unit who are authorized or required to wear safety shoes for two hundred and fifty dollars ($250) for the purchase of safety shoes, or the value of one (1) pair of approved shoes, whichever is less.
When management det ermines that duties assigned to an employee require shoes which exceed the requirements of the CalOSHA General Industry Safety Orders, management may authorize a voucher of up to three hundred dollars ($300). In either event, the employee shall pay any cost in excess of the amount of the voucher.
6. Employees who are required to wear prescription glasses and are required to wear protective eyewear in the performance of job duties pursuant to the City of Fresno IIPP shall be reimbursed for the purchase of prescription safety glasses up to one hundr ed twenty -five dollars ($125) annually.
Employees requesting reimbursement for the purchase of prescription safety glasses must complete a Travel and Expense Reimbursement form provided by the Finance Department, obtain signature of the appointing authority or designee, attach proof of payment of prescription safety glasses, and submit the form to their department within ten (10) calendar days of incurring the cost.
L. NIGHT-SHIFT DIFFERENTIAL
Each employee in this unit who is assigned to work a "swing or night shift" shall receive premium pay in addition to that set forth for their class in Subsection B of this Article. If half or more of an employee’s shift is between the hours of 5:00 p.m. and midnight, the swing shift premium will be $1. 45 per hour for all hours worked that shift. If half or more of an employee’s shift is between the hours of midnight and 8:00 a.m., the night shift premium will be $ 2.30 per hour for all hours worked that shift. The Night-Shift Differential will be paid only to an employee who is assigned to the night shift and actually works said shift.
If a
shift meets the definition of both swing shift and night shift, the night shift MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 41 differential will be paid. An additional shift differential for Emergency Service Dispatchers assigned to the Police Department is set forth in Article X, Section N. of this MOU. This pay is pensionable under the City of Fresno Retirement System.
M. COURT TIME
All Employees except those employees assigned to the Police Department, who, in their capacity as an employee of the City, are required by a superior officer, City Attorney, prosecuting attorney, whether or not by subpoena, or by direction of a court if by subpoena, to attend and does attend, during off -duty hours, any deposition or court proceeding as a witness, shall be allowed a minimum of two (2) hours overtime credit regardless of the time actually in attendance.
Jury Duty - Notwithstanding FMC Sections 3-109 and 3- 110, employees who are required to serve on a jury shall not be required to pay over to the C ity any fees received for mileage allowance.
N. OVERTIME (OT), COMPENSATORY TIME OFF (CTO), ON CALL/CALL
BACK/STANDBY
1. OT - Employees shall be paid for OT in accordance with Chapter 3, Article 1, Section 3 -117 of the FMC and as follows, except as may be modified by this MOU:
a. Work performed in excess of eight (8) hours on a regular workday shall be compensated at one and one- half (1 ½) times the applicable hourly rate.
b. Work performed on an employee’s first regularly scheduled day off in a workweek shall be compensated at one and one-half (1 ½) times the applicable hourly rate.
c. Work performed on an employee’s second regularly scheduled day off in a workweek shall be compensated at two (2) times the applicable hourly rate.
d. Employees on vacation may be permitted to work by notifying the department of their desire to work, and shall be compensated at the applicable overtime rate in addition to the employee’s vacation pay.
e. An employee working a flexible work schedule shall be paid overtime if the employee meets all two (2) conditions below:
(1) The employee worked beyond their scheduled flexible work hours; and
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 42
(2) The total hours worked exceeded forty (40) hours in the work week.
2. CTO - Employees may elect to accrue CTO in lieu of cash payment for OT hours worked. CTO is accumulated at the applicable straight time, time and one-half, or double time rate for the time worked. CTO is to be used for time off, and is subject to approval i n the same manner as vacation. Employees may accrue a CTO balance not to exceed eighty (80) hours. Employees who have reached the maximum balance shall be given cash payment for additional OT hours worked until such balance has been reduced below the maximum allowable amount, (i.e., 80 hours).
City may compensate by cash payment all CTO balances on the last pay period in each fiscal year at the base/straight time rate of pay, or in any given pay period at the employee’s request.
3. Call Back/Standby - It is expressly understood that department directors or designees shall determine and designate divisions/units/sections within their respective departments that may implement call back/standby provisions. Additionally, department directors or designees may determine and designate specific job classes assigned to divisions/units/sections within their respective departments to be solely eligible to receive call back/standby premium pay. Management retains the exclusive right to determine, designate, and assign call back/standby duty, withdraw such assignments, and develop and implement internal policies and procedures concerning the administration thereof.
a. Call Back includes all time spent by the employee from the time of reporting to the work site through completion of the task/problem, or any time responding to a request from the City to use City provided equipment to perform work without traveling to the work site, outside of an employee’s normal/regular work hours.
(1) Eligibility - An employee shall be eligible for call back premium pay when all of the following conditions are met:
1) The employee is ordered to return to work and does in fact return to work; 2) The order to return to work is given following termination of the employee’s normal/regular
work shift, and the employee has departed from the work site; and 3) The return to work occurs not less than two (2) hours prior to the established start time of the employee’s next shift. At the employee’s option the employee may be allowed to begin the normal/regular shift upon completion of the call back assignment. An employee shall also be eligible for call back premium pay when responding to a request from the City to use City provided equipment to MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 43 perform work, without traveling to the work site, outside of an employee’s normal/regular work hours.
(2) Compensation - Premium pay for call back assignments during each twenty-four (24) hour period (i.e., 12:01 a.m. to 12:00 a.m.) and during each twelve (12) hour period for Crime Scene Technicians assigned to the Police Crime
Scene Bureau, shall be a minimum of two (2) hours at time and one-half an employee’s base rate of pay. An employee assigned to two (2) regularly scheduled consecutive days off if called back to work on the employee’s second day off, or an employee assigned to three (3) regularly sc heduled days off on the employee’s third day off, shall receive premium pay at a minimum of two (2) hours at two times
the employee’s base rate of pay. There will be only one (1), two (2) hour minimum paid in each 24-hour period, and each twelve (12) hour period for Crime Scene Technicians.
If an employee is assigned standby duty, the standby
compensation shall stop once they report to work and
compensation for the call back assignment will begin,
pursuant to this section.
(3) Employees who respond to a request from the City to use City equipment and do not need to travel to the work site will receive a minimum of twelve (12) minutes of overt ime at time and a half, or double time where applicable, for each additional call back incident after the first two hour
minimum.
b. Standby duty is defined as all time outside of an employee’s normal/regular scheduled work shift where management requires an employee to be available to respond to work related problems.
An employee assigned standby duty will be required to carry a City pager, and/or City cell phone (if available), and shall not consume alcohol or consume any substance which may impair the
employee’s ability to perform all required duties. Employees on standby duty are required to respond, and shall report to the work site within one (1) hour, or longer with supervisor approval, of being paged/contacted.
(1) Compensation - Premium pay for standby duty from the end of the shift of the first day to the beginning of the next shift shall be $1.90 per hour. In the event an employee on standby duty is required to report to work, the employee will receive standby compensation until they report to work; thereafter, the employee will be compensated as provided in Article VIII, Section N., Subsection 3.a of this Agreement.
In the event an employee on standby duty is not required MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 44 to report to work, standby compensation will be in effect for the duration of their standby period. This pay is pensionable under the City of Fresno Retirement System.
(2) Time spent on standby duty shall not be considered hours worked.
O. SICK LEAVE AND ATTENDANCE
1. Sick Leave
a. Employees shall accrue Sick Leave at the rate of eight (8) hours for each completed calendar month of employment.
b. Sick Leave shall accrue during the probationary period but may not be used until the employee has completed ninety (90) days of employment.
b c. Employees may use sick leave upon the oral or written request of an employee, and may be used for diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member.
Family members include an employee’s parent, (a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), child (a child, which for
purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis – this definition of a child is applicable regardless of age or dependency status), spouse, r egistered domestic partner, sibling, grandparent, grandchild, or
designated person. Employees may use up to one- half of an employee’s annual Sick Leave accrual for purposes consistent with California Labor Code Sections 233 and 246. The designation of Sick Leave taken for purposes consistent with California Labor Code Sections 233 and 246 shall be made at the sole discretion of the employee.
Sick Leave, as described above, may be used for the following circumstances:
• Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee.
• Diagnosis, care or treatment of an existing health condition of, or preventative care for, an employee’s parent, (a biological, adoptive, or foster parent, stepparent, or legal guardian of an MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 45 employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), child (a child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in lo co parentis – this definition of a child is applicable regardless of age or dependency status), spouse, registered domestic partner, sibling, grandparent, or grandchild;
designated person or
• For an employee who is the victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code Section 230(c) and Labor Code Section 230.1(a).
c. Members of this Unit shall not be subject to the provisions of AOs 2-19 and 2- 20. Instead, FCEA Leave of Absence Policy,
Addendum I, incorporated into this MOU by this reference, shall apply.
d. Sick leave may also be used when an employee is a victim of domestic violence, sexual assault, or stalking. The City of Fresno may not discharge or in any manner discriminate or retaliate against an employee who is a victim of domestic violence or a victim of sexual assault for using sick leave or other leave balances to take time off from work to obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or his or her child.
f. An employee who has no leave balances will be granted Leave Without Pay in accordance with FMC 3-104.
f. An employer shall not require as a condition of using paid sick days that the employee search for or find a replacement worker to cover the days during which the employee uses paid sick days.
g. Employees who terminate City employment and return within one year of such termination will be entitled to reinstatement of their Sick Leave balances at the time of termination from City employment, up to a total of 48 hours.
h. Using or attempting to use Sick Leave for an unauthorized purpose, misrepresentation related to the use of Sick Leave, may result in corrective and/or disciplinary action, up to and including termination.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 46 The following requirements shall also apply to the use of Sick Leave:
a. Employee sick leave absences which exceed fifteen (15) calendar days shall require the employee to provide a
physician’s statement to their department no later than three (3) calendar days following the 15-day period. The physician’s statement shall verify the employee’s inability to work, the estimated period of further anticipated disability, and include a description of the employee’s limitations or restrictions which may be necessary for the Department/Division to
consider reasonable accommodation. If the length of absence exceeds the stated estimated period of disability, a new physician’s statement must be provided to the department within three (3) calendar days following the expiration of the original estimated date of return.
b. If eligible, an employee must use accumulated Sick Leave before leave without pay for illness will be granted.
c. In the event of a work stoppage in the form of a sick out as identified by the City Manager, it shall be the policy and procedure of all supervisors to require a physician’s
verification of all employees who claim to be ill or injured and request such leave. The City shall retain the discretion to allow or disallow paid Sick Leave and may request the employee to be examined by a physician of the City’s choosing. The
physician’s verification shall identify the name and address of the doctor, the period(s) of employee incapacity to work, and the date(s) examined by the physician.
The City of Fresno shall not deny an employee the right to use accrued sick days, discharge, threaten to discharge, demote, suspend, or in any manner discriminate through adverse action against an employee for using accrued sick days, attempting to exercise the right to use accrued sick days, filing a complaint with their department or the Personnel Services Department either themselves or through the Association alleging a violation of this article, cooperating in an investigation or prosecution of an alleged violation of this article or any applicable State or Federal laws, or opposing any policy or practice or act that is prohibited by this article.
There shall be a rebuttable presumption of unlawful retaliation if the City of Fresno denies an employee the right to use accrued sick days, discharges, threatens to discharge, demotes, suspends, or in any manner discriminates through adverse action against an employee within 30 days of any of the following:
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 47
A. The filing of a complaint by the employee or FCEA on behalf of the employee with the Labor Commissioner or City of Fresno alleging a violation of this article.
B. The cooperation of an employee with an investigation or prosecution of an alleged violation of this article.
C. Opposition by the employee to a policy, practice, or act that is prohibited by this article.
2. Attendance
a. Members of this Unit shall not be subject to the provisions of AOs 2-19 and 2-20. Instead, FCEA Attendance Policy, Addendum II, incorporated into this MOU by this reference, shall apply.
P. SUPPLEMENTAL SICK LEAVE ACCRUAL BANK
On July 1
st and each July thereafter of each fiscal year during the term of this MOU, employees in this Unit shall accrue an additional forty (40) hours Supplemental Sick Leave with an accrual limit of forty (40) hours per year and up to a total lifetime maximum of eighty (80) hours. Employees who have earned eighty (80) hours or more of supplemental sick leave shall retain those hours but shall not accrue any additional supplemental sick leave time. However, if an employee is absent from work on a leave without pay status on July 1 st, the
additional forty (40) hours shall be prorated and received upon the employee’s return to work. This supplemental sick leave accrual may only be utilized if the employee has exhausted all other sick leave accruals or as Protected Sick Leave as set forth in Article VIII, Subsection O.1.b above. Upon separation from City service the accrued hours will be:
1. Placed in a Health Reimbursement Arrangement (HRA) in accordance with Article VIII, Section X; or,
2. Cashed out at retirement or upon separation from the City if not eligible for participation in the HRA.
Accruals shall be prorated for employees hired after July 1 st. In the event the
employee transfers to another unit, the accrued hours shall remain in the Supplemental Sick Leave Accrual Bank until retirement or separation from City service, at which time the employee may elect one of the options above.
Q. VACATION CASH-OUT
If on October 31
st of each year, an employee has a balance of two hundred-forty (240) or more hours of sick leave, the employee may in November of that year, MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 48 request a cash payment from eight (8) to forty -eight (48) hours of any vacation accrual the employee has acquired prior to the December payroll period.
R. BEREAVEMENT LEAVE
Upon the death of a member of an employee’s immediate family as defined below, the employee shall be allowed to utilize Sick Leave, or other leaves if Sick Leave is not available, as is necessary to take care of funeral arrangements, or attend the funeral, but not to exceed five (5) days.
Immediate Family:
• Spouse or Domestic Partner
• Child (biological, adopted, foster, step, legal ward, child of domestic partner, or a person to whom the employee stands in loco parentis) • Parent (biological, foster, adoptive, in-law, step, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child)
• Sibling (person related to another person by blood, adoption, or affinity through a common legal or biological parent)
• Grandchild
• Grandparent
• Designated person (any individual related by blood or whose association with the employee is the equivalent of a family relationship)
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 49
S. VACATION LEAVE
Employees accrue vacation leave hours for each completed calendar month of employment as reflected in the table below. Employees with less than ten (10) years of continuous employment are allowed to accrue three hundred forty (340) hours of vacation leave, employees with ten (10) years or more of continuous employment but less than twenty (20) years of continuous employment are allowed to accrue four hundred twenty (420) hours of vacation leave, and employees with twenty (20) or more years of continuous employment are allowed to accrue 480 hours of Vacation Leave.
Years of Continuous
Employment
Accrual Rate
(Hrs./mo.)
Less than 5 8
More than 5
but
less than 8
10 More than 8
but
less than 14
11.33 More than 14 but less
than 20 13
More than 20 15
T. HOLIDAY LEAVE
1. Except as may be modified in this Section, Holidays shall be governed by Chapter 3, Article 1, Section 3-116 of the FMC:
•January 1
•The third Monday in January.
•The third Monday in February.
•The last Monday in May.
•July 4.
•The first Monday in September.
•November 11.
•Thanksgiving Day in November.
•The Friday after Thanksgiving Day in November.
•December 25.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 50 •Employee's Birthday (8 hrs. credited holiday balance on the first pay period following the employee’s birthday)
•Two (2) Personal Business Days (8 hours credited to Holiday Leave balance on July 1 and on January 1 of each year). •Any day or part of a day declared by the Council, by ordinance or resolution, to be a holiday.
2. If January 1st, July 4th, November 11th, or December 25th falls upon a Sunday, the Monday following will be observed as the holiday, in lieu of Sunday. For employees who are regularly scheduled to work on Sunday, the holiday shall be observed on Sunday for purposes of compensation pursuant to this section. Except as expressly stated otherwise in this Section, employees will be required to work their regular schedule on a holiday unless they have an approved leave of absence.
3. Effective October 3, 2016, employees had holiday accruals put in a special holiday leave bank. Employees may request payment and be compensated for up to forty-eight (48) hours or twenty-five percent (25%) of their special holiday leave balance, whichever is greater, each fiscal year between July 1 and December 31. All remaining balances in the special holiday leave bank shall be paid to employee upon separation from City service.
Any holiday leave accruals earned after October 3, 2016, will be placed into the employee’s regular holiday leave bank and may be cashed out at any time. Holiday leave will be accrued until it reaches forty-eight (48) hours, except for employees eligible for AWS (Absent with substitute) time, who may accrue up to ninety six (96) hours; Upon reaching the applicable holiday leave bank cap, all additional holiday leave earned will be cashed out unless and until the holiday leave bank balance falls below the cap. Any holiday leave balance for any employee leaving City service will be cashed out.
4. Employees whose regular work schedule falls on the holiday and who are assigned to work on the holiday will be paid for all hours worked. In addition, these employees who work the holiday as assigned may, at the employee's option, elect to receive up to eight (8) hours of holiday accrual, cash payment at straight time, or time added to the employee’s compensatory time bank in lieu of holiday pay that employees normally receive when their regular schedule falls on the holiday but are not assigned to work.
5. When a holiday falls on a regularly scheduled day off, an employee in this Unit shall be credited with eight (8) hours of holiday time.
6. In addition to the holiday credit in Subsection 5. above, employees who are called in or scheduled to work a holiday which is their regularly MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 51 scheduled day off, the employee will be entitled to one and one half (1 ½) times their regular rate of pay for all hours worked.
7. Employees scheduled to work on their birthday, who wish to take the day off shall submit a Request for Leave of Absence form for preauthorization and approval.
8. In addition to any other holiday leave which may be accrued, employees in this Unit in the classes of Emergency Services Dispatcher I, II, and III and Crime Scene Technician I/II/Senior shall receive 1.33 hours per month of Holiday leave.
9. Employees who are absent from duty on leave without pay or suspension without pay at the end of the employee’s shift before the recognized holiday will not receive compensation for the holiday, unless they actually work the holiday.
U. REST PERIODS
1. Employees shall be allowed a rest period not to exceed fifteen (15) minutes during each four (4) consecutive hours of work, without loss of compensation. Rest periods shall be scheduled by supervisors and consistent with the work load and in accordance with the requirements of the department. There shall be no disruption in the provision of service to the public to allow an employee to take a rest period. Any employee required to work four (4) or more hours overtime immediately before or after their shift shall be allowed not more than fifteen (15) minutes as a rest period during such overtime work period, and during any subsequent four (4) hour overtime work period.
2. Employees shall be entitled to a daily meal period of no less than thirty (30) uninterrupted minutes. In the event the employee is directed to work, thereby interrupting the meal period, the employee shall be allowed to take a full meal period prior to the end of the shift, or to be compensated at one and one-half times (1 ½) the base rate of pay for the missed meal period.
V. FAIR LABOR STANDARDS ACT
When, or if, the Department of Labor promulgates rules and regulations dealing with the FAIR LABOR STANDARDS ACT, the Association and the City agree to meet and confer on the impact of any changes in wages, hours or terms and conditions of employment required thereby.
W. HEALTH REIMBURSEMENT ARRANGEMENT
The City currently maintains a Health Reimbursement Arrangement (HRA) that qualifies as a “health reimbursement arrangement” as described in Internal MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 52 Revenue Service (IRS) Notice 2002- 45 and other guidance published by the IRS regarding HRA’s. The City agrees to maintain the HRA such that it will continue to qualify as a “health reimbursement arrangement” for the term of the MOU.
At service retirement, or at a disability retirement if the employee is otherwise eligible for service retirement, employees who have used eighty (80) hours or less of Sick Leave and/or Vacation Leave used for sick time (excluding only hours used for Workers’ Compensation benefits, Bereavement Leave, and/or protected leave such as Family & Medical Leave, and Protected Sick Leave) in the 24 months preceding their date of retirement, more than 100 hours of Sick Leave will be credited with an account for the employee under the HRA to be used to pay premiums for medical insurance (including COBRA premiums) and qualified medical expenses as defined in Internal Revenue Code Section 213(d), and further detailed in Internal Revenue Service Publication 502. In addition, at the employee’s option, any amount of accumulated Holiday Leave or Special Holiday Leave may be credited to an account for the employee under the HRA.
The “value” of the account shall be determined as
follows:
The number of all accumulated Sick Leave hours, other than sSupplemental sSick Leave, in excess of 240 100 hours at the time of retirement multiplied by eighty percent (80%) of the employee’s hourly base rate of pay.
The number of all Supplemental Sick Leave hours at the time of retirement multiplied by the employee’s hourly base rate of pay.
If the employee opts not to cash out all of the employee’s accumulated Holiday Leave or Special Holiday Leave hours at the time of retirement, the remaining accumulated Holiday Leave or Special Holiday Leave shall be credited into an HRA account for the employee at one hundred percent (100%) of the employee’s hourly base rate of pay.
The hourly base rate of pay shall be the equivalent of the monthly salary in the Salary Resolution for an employee as reflected in the salary tables Salary Resolution, multiplied by twelve (12) months then divided by 2,080 hours.
At the employer’s option, the HRA accounts may be book accounts only – no actual trust account must be established for any employee. Each HRA book account shall be credited on a monthly basis with a rate of earnings equal to the yield on the City’s Investment Portfolio (provided that such yield is positive).
The HRA accounts shall be used pursuant to the City of Fresno Retiree HRA Plan Document. Once a participant’s account under the HRA has been reduced to $0, no further benefits shall be payable by the HRA. If the participant, the MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 53 participant’s spouse, and the participant’s dependents die before the participant’s account under the HRA has been reduced to $0, no death benefit shall be payable to any person by the HRA.
While this provision is in effect, eligible employees shall not be allowed to cash out any accumulated or accrued Supplemental Sick Leave at retirement.
X. STATE DISABILITY INSURANCE (SDI)/PAID FAMILY LEAVE (PFL)
1. Employees who are in bargaining Unit 3, Non- Supervisory White Collar represented by the Fresno City Employees Association (FCEA), shall be enrolled in the State Disability Insurance (SDI/PFL) coverage plan.
Employees eligible for SDI benefits are those who are defined by Section 2601, et seq. of California Unemployment Insurance Code. (Click here to access the SDI website)
Eligible employees covered under the SDI program shall receive benefits pursuant to California Unemployment Insurance Code Section 2655.
2. Employees shall file claims in the same manner as required under the SDI/PFL Plan.
3. The City shall maintain SDI/PFL through employee payroll deductions to be funded by employee contributions.
4. All employees who file SDI/PFL claim must notify the City within fourteen (14) calendar days of their claim date and fill out a form made available by the City indicating whether or not the employee desires to integrate leave with the claim. Extension beyond fourteen (14) calendar days due to exigent circumstances, such as the employee being incapacitated, may be considered on a case-by-case basis by the Director of Personnel Services or designee. Employees who are absent from duty and are receiving SDI/PFL benefits who are eligible to use sick leave, vacation leave, holiday leave, or compensatory time off, shall be eligible to integrate the payment of SDI/PFL benefits with such City -paid leave benefits.
a. Integrating leave balances is defined as the use of appropriate accumulated leave, which, when added to the SDI/PFL benefits shall provide the employee up to 100 percent of their normal gross weekly wages (excluding overtime pay) immediately prior to the start of the disability or period of family care leave. Employees who elect to integrate must provide Payroll with a copy of the Notice of Computation within fourteen (14) calendar days of the issue date or mail date on the Notice of Computation and are required to authorize EDD to share benefit computations with the City on their initial claim forms. Extension beyond fourteen (14) calendar days MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 54 due to exigent circumstances, such as the employee being incapacitated, may be considered on a case-by-case basis by the Director of Personnel Services or designee.
b. An employee who has made a timely election to integrate leave with SDI/PFL benefits shall be paid a biweekly amount beginning on the claim effective date provided on the Notice of Computation excluding the waiting period.
c. If an employee does not provide the Notice of Computation within fourteen (14) calendar days of the issue date or mail date no retroactive integration will occur unless exigent circumstances apply. For employees who provide the Notice of Computation after fourteen (14) calendar days of the issue date or mail date, integration will begin in the pay period an employee provides the City with the Notice of Computation and a signed leave integration agreement.
d. Integrating leave balances with SDI/PFL benefits will continue only if leave balances are available and the employee remains eligible to receive SDI/PFL benefits. Once integration begins, it will continue as long as leave balances are available and SDI/PFL benefits continue.
5. While integrating SDI/PFL benefits, employees will be considered to be in paid status for the purpose of leave accruals, holiday benefits, step increases health insurance coverage and any other employee benefits received as a result of being in paid status.
An employee who is integrating leave and has exhausted all other leave balances may apply for donated time in accordance with City policies.
Use of donated time shall be in accordance with the provisions of this Section.
If the employee does not act to integrate benefits or exhausts their available leave balances, the employee will be in a Leave Without Pay (LWOP) status and be subject to applicable eligibility for COBRA medical coverage.
6. If elected as described above, integration will end upon notification from the employee that SDI/PFL benefits have terminated, the employee exhausts all leave balances and/or donated time resulting in leave without pay status, the employee’s return to work , or the employee’s separation from City employment; whichever comes first in time.
7. Service credits toward seniority, step increase eligibility, and probation periods shall be in accordance with the MOU and City
policies/procedures.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 55
8. The City shall continue contributions toward the employee’s health and welfare benefits and retirement contributions in accordance with established laws and practices during the pay periods that include leave payments by the City. The employee shall be responsible for payment of premiums required to maintain health and welfare benefits when City contributions cease in accordance with established laws, policies and practices.
9. In the event the City determines that legislative, administrative or judicial determinations cause changes which in any way restricts, reduces or prohibits any provision of this Agreement, the parties shall immediately meet to discuss necessary amendments and/or modifications.
Y. RETIREMENT
All employees in Unit 3 hired on or after October 3, 2016, shall make an additional contribution equal to one and one half percent (1.5%) of their pensionable compensation to the City of Fresno Employees System, reducing the City contribution by a corresponding amount. In accordance with Internal Revenue Code Section 414(h)(2) and related guidance, the City shall pick -up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Employees Retirement System. The employee shall have no option to receive the one and one half percent (1.5%) contribution in cash. The one and one half percent (1.5%) contribution paid by the employee will not be credited to an employee’s accumulated contribution account nor will it be deposited into a member’s Deferred Retirement Option Program (“DROP”) account. Employees hired by the City prior to October 3, 2016, who enter Unit 3 on or after the first pay period after City approval of this MOU and were paying an additional one and one half percent (1.5%) of their pensionable compensation immediately prior to entering Unit 3, shall continue to pay the additional one and one half percent (1.5%) of their pensionable compensation to the City of Fresno Employees Retirement System, reducing the City contribution by a corresponding amount.
The parties agree to a limited reopener of this provision in regard to the possible revision of Normal Contributions to the Employee Retirement System for those employees paying an additional one and one half percent (1.5%).
Z. CLASSIFICATION AND COMPENSATION STUDY
The City will fully realize the remaining equity increases to the classification and compensation study, completed in 2018, retroactively effective June 17, 2024, as reflected on Table I, attached hereto and incorporated by reference. Upon ratification of this MOU, the City agrees to work with FCEA to complete a new classification and compensation study before December 31 st of FY27.
AA. VOLUNTARY LEAVE TIME (VLT) PROGRAM
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 56
Voluntary Leave Time (VLT) is a program by which an employee, with appropriate approval, can take additional time off during the fiscal year through a corresponding adjustment in pay. Except as noted in Section 12 below, employees may be allowed to take up to ninety-six (96) hours of leave under this program. The program is intended to reduce City expenses by allowing employees to take additional leave time without being replaced. Employees would have regular adjustments to each paycheck. This program is not intended to increase City costs by offering an advantage to any employee at the City’s expense. Participation in the program is subject to the following guidelines:
1. Participation in this program is not available in work units which rely extensively on the use of wages/contract employees to meet ongoing operational requirements, as opposed to special or short-term projects.
2. Participation in the program is voluntary on the part of the employee and must be approved by the appointing authority. If more than one employee in a classification submits a Voluntary Leave Time Request Form for approval and they have overlapping period s of time which precludes the appointing authority from approving all of them, approvals will be made according to seniority in that classification. An employee denied because of this reason will be allowed to modify their VLTR Form and resubmit it.
3. The employee must complete and submit a Voluntary Leave Time Request Form to participate in the program. The form must be submitted to and approved by the appointing authority and must specify the dates and amount of time off the employee is requesting.
4. The appointing authority, after reviewing the proposed leave/work schedule, may either approve, disapprove, or decrease the number of hours proposed to be taken off depending upon the operating needs of the department. If an appointing authority reduces the number of hours proposed to be taken off, the employee may withdraw the request to participate in the program.
5. The department cannot fill behind an employee working a reduced work week with overtime, temporary help, acting pay (Municipal Code Section 3-260), or contract extra help.
6. Voluntary Leave Time cannot exceed ninety-six (96) hours in a fiscal year except as noted below in Section 13.
7. Credits toward Health and Welfare and retirement and leave accruals to which the employee is entitled, shall continue as though the employee was not on the voluntary leave time program. The employee will contribute to the Retirement System as if the employee were working full- time.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 57
8. This Voluntary Leave Time program shall:
a. Be available to employees who are otherwise available for the normal performance of their duties;
b. Be available only to employees who have been employed by the City for twelve (12) consecutive months and who are either in permanent positions with permanent status or are in established unclassified positions, except as noted in Section 2 above or when waived in accordance with Section 13 below;
c. Apply toward time in service for step advancement and toward seniority for purposes of layoff;
d. Be granted without requiring an employee to first use accumulated vacation, compensatory-time-off, or other paid leave time;
e. Not be available to an employee who is otherwise on a leave without pay status;
f. Not be available to an employee who is on paid leave which is being exhausted prior to commencing other leave without pay;
g. Be taken on a scheduled basis that is mutually agreed upon by the appointing authority and the employee; and,
h. Not be available to any employee who is being counseled or disciplined under the FMC, City administrative orders, and/or City policies, procedures, rules and regulations.
i. Not supersede any current departments’ vacation bidding process.
9. This program shall not result in overtime. However, an employee participating in this program, who is otherwise eligible for overtime, shall have overtime calculated on the basis of the MOU for the employee’s unit.
10. At the end of each fiscal year, the department and the City Manager’s Office will review the impact that the Voluntary Leave Time program has had on department operations and the City’s financial situation. The City, in its sole discretion, can discontinue the VLT program at any time, because of operating needs, or because the program no longer is beneficial to the City’s financial situation.
11. Withdrawal from the program or a change in the number of hours requested shall only be granted if Payroll has not yet processed the MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 58 request, or the appointing authority has decreased the number of hours requested, or the employee goes out on an extended medical leave of absence during the same fiscal year that the time off request was granted under this provision, or the employee is being disciplined under section 8(h) above. If the employee withdraws from the program after the beginning of the fiscal year and before completion of the 26 pay periods, appropriate adjustments will be made to the employee’s pay. If such adjustments require that an FLSA non- exempt employee reimburse the City, agreement must be reached on a repayment schedule. If an FLSA non-exempt employee’s employment with the City ceases prior to completion of the program, any amount due on the program will be taken from the employee’s final paycheck. If an employee does not withdraw from the program in accordance with these terms and agreed upon time is not taken, the time is forfeited, and no reimbursement will be made. If the City imposes an involuntary furlough, employees may have approved VLT applied toward the involuntary furlough.
12. This program is not equivalent to job sharing or to PI or PPT positions.
13. At the discretion of the City Manager, in response to fiscal needs, the VLT maximum hours can be increased and may be extended to employees otherwise excluded in Section 8.b. above.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 59
ARTICLE IX
BENEFITS FOR PERMANENT PART-TIME EMPLOYEES
Permanent Part-Time employees, employed in classes in this Unit, shall accumulate benefits during their employment with the City as follows:
A. VACATION
Permanent Part -Time employees shall accumulate vacation leave at a rate proportionate to a full-time employee in the class.
B. SICK LEAVE
1 . Permanent Part-Time employees shall accumulate sSick lLeave at a rate proportionate to a full-time employee in the class.
2. Refer to Article VIII, Section O. for further Sick Leave and Protected Sick Leave provisions that by this reference apply.
Permanent Part-Time employees shall be allowed use up to six months of the employee’s Sick Leave accrued and available per fiscal year for the purposes defined in California Labor Code sections 233 and 246 in accordance with applicable provisions of the MOU. The designation of Sick Leave taken for the purposes defined in California Labor Code sections 233 and 246 shall be made at the sole discretion of the employee.
C. SUPPLEMENTAL SICK LEAVE ACCRUAL BANK
1. On July 1
st, and each July thereafter of each fiscal year during the term of the MOU, Permanent Part-Time employees in this Unit shall accrue an additional forty (40) hours of Supplemental Sick Leave with a maximum accrual limit of eighty (80) hours. Employees who have earned eighty (80) hours or more prior to October 3, 2016, shall retain those hours but shall not accrue any additional time. However, if a Permanent Part-Time employee is absent from work on a leave without pay status on July 1 st,
the accrual shall be prorated upon the employee’s return to work.
2. This Supplemental Sick Leave accrual may only be utilized if the employee has completed six (6) months of employment and has exhausted all other sick leave accruals. Employees may use Supplemental Sick Leave for members of the employee’s immediate family in accordance with the terms of this Section and in accordance with provisions noted above in Article VIII, Section O.
3. Accruals shall be prorated for employees hired after July 1 st. In the event
the employee transfers to another unit, the accrued hours shall remain in the Supplemental Sick Leave Accrual Bank until separation from City MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 60 service.
4. Upon separation from City service any Supplemental Sick Leave balance will be:
a. Placed in a Health Reimbursement Arrangement (HRA) in accordance with Article XIII, Section X; or
b. Cashed out at retirement or upon separation from the City if not eligible for participation in the HRA.
D. OVERTIME
Permanent Part-Time employees shall receive overtime at the applicable hourly rate for work performed in excess of eight (8) hours in a day and/or forty (40) hours in a week, and work performed on a holiday.
E. PROBATIONARY PERIOD
The probationary period for Permanent Part -Time employees shall be 2,080 hours of non- overtime work performed, according to the class to which the employee is appointed.
F. HEALTH AND WELFARE
Permanent Part-Time employees shall receive Health and Welfare benefits as provided below:
The City shall contribute towards the health and welfare premium required by the Fresno City Employees Health and Welfare Trust in accordance with Article VIII, Section C. FRESNO CITY EMPLOYEES HEALTH AND WELFARE TRUST above.
G. SOCIAL SECURITY BENEFITS
Until the City of Fresno Employees Retirement Board acts upon the joint recommendation regarding retirement benefits applicable to Permanent Part - Time employees, and any ordinances or resolutions are adopted implementing that action, Permanent Part-Time employees shall not be in the City retirement system and shall be provided with Social Security benefits, except where an employee’s status as a Permanent Full-Time employee changes to Permanent Part-Time status. When such change occurs, the employee shall remain in the City retirement system.
H. WORKERS’ COMPENSATION
The percentage of wages or salary received by employees holding a permanent MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 61 position who suffers from an injury in the course and scope of City employment shall be the percentage established by the State of California workers' compensation laws set forth in the California Labor Code.
I. JURY DUTY
Permanent Part -Time employees shall be paid for jury duty attendance and court attendance in accordance with Chapter 3, Article 1, Sections 3-109 and 3- 110 of the FMC, with the exception that employees shall not be required to pay over to the City any fees received for mileage allowance.
J. HOLIDAYS
Permanent Part-Time employees shall receive paid leave for holidays at a rate proportionate to a full-time employee in the class.
K. NIGHT-SHIFT DIFFERENTIAL
Permanent Part -time employees shall receive night -shift differential in accordance with MOU Article VIII, Section L.
L. SERVICE FEE
MOU Article VII applies to Permanent Part-Time employees.
M. UNIFORM ALLOWANCE
Any Permanent Part -Time employee who is required to purchase and wear a uniform shall be paid the uniform allowance applicable to the class and as provided in Article VIII, Section K.
N. FULL TIME
Permanent Part-Time employees shall not be employed to reduce the number of Permanent Full-Time employees in the unit.
O. REST PERIODS
MOU Article VIII, Section U REST PERIODS, shall apply to Permanent Part - Time employees.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 62
ARTICLE X
SPECIAL RULES FOR EMPLOYEES ASSIGNED TO THE POLICE DEPARTMENT
A. SHIFTS/VACATION
1. Shift assignments shall be made according to the needs of the department, otherwise shift assignments shall be made based on seniority. Shift changes shall not be used as a method of administering discipline.
2. Vacation selection by division, section, unit/area, or shift, as determined by the department, shall be based upon, and determined by, seniority within the class, except for employees in the class of Emergency Services Dispatcher I/II/III which shall be based on date of hire.
3. Vacation Selection Process for Employees in the classes of Emergency Services Dispatcher I/II/III and Police Support Services Clerks/Technicians
a. Emergency Services Dispatchers I/II/III
During the month of February, all employees in the classes of Emergency Services Dispatcher I/II/III will sign up in rounds for vacation slots for the next fiscal year in an amount equal to the maximum Vacation Leave which would be accrued during the fiscal year for which the employee is scheduling vacation.
b. Police Support Services Clerks/Technicians Assigned to the Patrol Services Division:
During the month of November, employees in the classes of Police Support Services Clerk/Technician assigned to the Patrol Services Division will sign up in rounds for vacation slots for the next calendar year in an amount equal to the maximum Vacation Leave which would be accrued during the calendar year for which the employee is scheduling vacation.
c. Police Support Services Clerks/Technicians Assigned to the Records Bureau:
During the month of November, employees in the classes of Police Support Services Clerk/Technician assigned to the Records Bureau will sign up in rounds for vacation slots for the next calendar year in an amount equal to the maximum Vacation Leave MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 63 which would be accrued during the calendar year for which the employee is scheduling vacation.
d. The provisions of subsections 3.e. and 3.f. below apply to the vacation selection processes for ESDs and Police Support Services Clerks/Technicians in Patrol Services and Records Bureau.
e. Vacation selection shall occur in rounds with each round being complete after sign ups for open vacation slots have been rotated through to each employee. During the first four (4) rounds, employees must sign up for vacation slots in weekly intervals, up to a maximum of four (4) weeks of Vacation Leave. Following the first four (4) rounds of vacation selection, if an employee is unable to sign up for vacation slots equal to the maximum Vacation Leave which would be accrued during the year they are scheduling vacation, they may participate in additional rounds of vacation selection including less than one week intervals until they sign up for the maximum amount of Vacation Leave. The vacation
selection process will conclude once sufficient rounds have been completed for all employees to sign up for the maximum amount of Vacation Leave.
f. Employees who are absent during the vacation selection process may sign up by a proxy of their choosing upon notification to their supervisor. The proxy will be allowed to select vacation on the absent employee’s behalf during the absent employee’s turn in the process.
g. Probationary employees shall participate in the selection process and sign up for vacation slots that are available six (6) months following their date of appointment.
B. ALTERNATIVE WORKWEEK WEEK SCHEDULES (Special Provisions)
It is expressly understood that shift assignment and staffing levels are determined by management, and are subject to change based on varying workload, the addition of authorized staffing, and operational and service needs.
Alternative Workweek Work Schedules for the Police Department shall be as provided in Article V, Section H with the exception of specific classes to whom the following specific provisions shall apply:
1. Community Services Officer I/II/Senior (CSO) - Patrol Division
a. The number of shifts and hours of shifts shall be based upon the optimum deployment of personnel to handle calls for services as identified by department data, and pursuant to Chapter 3, Article MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 64 6, Section 3-605 of the FMC. It is agreed that the department may, in the future, utilize 24- hour scheduling of CSOs assigned to the Patrol Division.
b. After shifts are determined, they may be flexed by department management up to a maximum of two (2) hours over or under the base hours. Base hours are:
Watch Hours
Watch C I 0700 - 1700
Watch C II 1100 - 2100
Watch C III 1500 - 0100
It is agreed that shift base hours and number of shifts shall periodically be evaluated, and may be adjusted no more than twice annually based on calls for service load. The department agrees to include FCEA in the discussion, to allow input, suggestions, and participation in the drafting of base hours and/or shifts. It is agreed that in the event shifts and/or base hours are modified, a sign up will be held as provided in subsection 1.c. below.
The department may change shift (Watch) hours up to a maximum of four (4) times annually provided that all affected employees will receive at least two (2) weeks’ notice of any change. Adjustment may be made by area. The department will consider education schedules when flexing shifts on a semester basis.
c. CSOs assigned to the field will be allowed to sign up by seniority by class for shift, area, and/or days off once annually in December, and no later than fifteen (15) days prior to January 1. It is agreed that only one (1) Senior CSO will be allowed to sign up in each bureau to best provide lead direction and training for field CSOs.
d. CSOs Assigned to Patrol on a 4/10 Big Fresno Fair (Fair) Shift
(1) For employees occupying the classes of Community
Services Officer I/II/Senior (CSO) assigned to Patrol on a 4/10, Fair shift hours will be scheduled based on calls for service and/or other workload factors as determined by
department management. Any CSO who wishes to be on
unscheduled leave during the CSO’s Fair duty obligation will be responsible for finding a suitable replacement to work on the CSO’s scheduled days in accordance with
Section E. below.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 65 (2) For the purposes of shift trades during the Fair only, the replacement CSO may also be an on-duty CSO, as long as
the on-duty CSO is not also scheduled to work at the Fair at the same time, and provided that the on- duty
replacement is not leaving their shift assignment vacant.
CSOs wishing to provide a replacement for Fair
assignments will notify the department of the substitution prior to the beginning of the Fair assignment. Exceptions to the shift trade requirement must be approved by the
Chief of Police or designee.
(3) CSOs assigned to work traffic control at the Fair will not be scheduled to work traffic control more than four (4)
consecutive hours.
If the needs of the department require, the on duty CSO may have their shift extended. Overtime shall be paid
where applicable.
2. All CSOs who work a 4/10 schedule have daily 30- minute paid meal break instead of the two (2) fifteen minute paid rest breaks. Any CSO who fails to schedule and take their meal break will not be paid overtime for missing said meal break.
3. CSOs assigned to training can be scheduled for such training during an eight-hour, five- day workweek, or on an 8- hour shift basis. The department will make every effort to not schedule any CSO to training which will conclude immediately prior to the CSO’s four-day work period.
4. FCEA agrees that occasionally department CSOs may be assigned to other police-related duties or functions for periods of time, which could require temporary modification of shift hours, as determined by department management and need. A 5/8 shift structure may be implemented on a temporary basis for a specified need. Except in the event of an emergency, affected employees will receive two (2) weeks’ notice of the modification.
5. The department may discontinue the 4/10 workweek if it is determined by the department that it detrimentally impacts department operations and services. Thirty (30) days advance notice shall be given in writing to affected employees and the Labor Relations Division.
a. If the department discontinues the 4/10 workweek, the department shall revert to the standard workweek schedule that was in existence prior to the establishment of the 4/10 workweek.
6. Prosecution Liaison Unit (Community Services Officer) and Investigative Services Division.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 66
a. Community Services Officers may request to work a 4/10 workweek. Absent sufficient requests, the department head or designee may assign C SOs to a 4/10 workweek based on
operational needs.
b. The flexible/alternative workweek shift schedule will be composed of two (2) shifts of four (4) ten (10) hour days, with three (3) days off. Scheduling of days off shall be determined by the department head or designee. The hours for each shift shall consist of four (4) ten (10) hour days, plus a thirty (30) minute unpaid meal period.
The hours for each shift may be adjusted by management up or down by one-half hour based on operational and service delivery needs.
7. Communications Bureau - Emergency Services Dispatcher I/II/III
a. The flexible/alternative workweek shift schedule will be composed of four (4) consecutive work days, ten (10) hours each day.
b. Sign ups shall be by seniority, by classification. Seniority shall be determined by accumulated hours within the class. In addition:
(1) ESD III’s on a shift must sign up on the rotating days off schedule and may overlap. On the rotating days off
schedule, an ESD III may not sign up for identical days off with another ESD III. This is necessary to ensure sufficient ESD III coverage for vacations, illnesses, etc.
c. Trainees will not sign up for a shift. Trainees will be assigned by the department to a shift with a trainer, and will continue to be rotated between shifts for training purposes until certified and released from training.
d. Employees will be allowed to bid for new shift positions by seniority within the classification of the position assignment.
8. Management Support Bureau Personnel and Training Unit; Rangemaster/Armorer Class
a. The alternative workweek schedule option is necessary in order to provide the minimum staffing necessary to accommodate the various working schedules of staff using the range. It is expressly understood that position assignments by classification, staffi ng levels, workweek schedules, and days off are determined solely by management, and are subject to change based on varying workload, the addition of authorized staffing, and operational and service needs of the department.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 67
b. Staff may request to work a 5/8 or 4/10 workweek schedule, or a combination thereof. Absent sufficient requests, management will assign staff to a 5/8 or 4/10 workweek schedule, or a combination thereof. Staff wishing to change their workweek schedule w ill be required to give a two (2) week advance written notice to management. However, the frequency of such changes may be limited by management, if in their judgment, such limitation is in the best interest of the department.
c. It is expressly understood that workweek schedules are established by department/individual divisions based upon the service needs of the public/other city departments.
d. The hours for staff working a 5/8 will consist of five (5) eight (8) hour days with two (2) consecutive days off. The hours for staff working a 4/10 workweek option will consist of four (4) ten (10) hour days with three (3) days off. Scheduling of days off will be determined management.
(1) An example of a core 4/10 workweek schedule of hours and shift designations, which may be changed at
management’s discretion, is as follows:
Shifts Hours
1 0600 - 1600
2 0900 - 1900
3 1600 - 0200
e. All Rangemaster/Armorer (RA) staff who work a 5/8 or 4/10 schedule have a daily thirty (30) minute paid meal period instead of two (2) fifteen (15) minute paid rest periods. Any RA who fails to schedule and take their paid meal period will not be paid overtime for the missing said meal break.
9. Crime Scene Identification Section – Crime Scene Technician I/II/Senior
a. It is expressly understood that work assignments by classification, staffing levels, workweek schedules, and days off are determined solely by management, and are subject to change based on varying workload, the addition of authorized staffing, and operational and service needs of the department.
b. Crime Scene Technicians I/II/Senior will work either a 5/8 or 4/10 workweek schedule.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 68 (1) The hours for staff working a 5/8 workweek schedule will consist of five (5) eight (8) hour days with two (2)
consecutive days off and a thirty (30) minute unpaid meal break. Scheduling of days off will be determined by
management.
(2) The hours of staff working a 4/10 workweek option will consist of four (4) ten (10) hour days with three (3) days off and a thirty (30) minute unpaid meal break. Scheduling of days off will be determined by management.
c. Scheduling may consist of both fixed days on and off as well as rotation of days on and off. No Crime Scene Technician shall be scheduled to work for more than forty (40) hours in any workweek.
d. Shifts may be flexed as determined by management up to a maximum of two (2) hours over or under the base hours. An example of a core 5/8 and 4/10 workweek schedule of hours and shift designations, which may be changed at management’s discretion, are as follows:
5/8 shift(s) Hours
Day Shift A 0700-1530
4-10 shift(s) Hours
Day Shift B 0700-1730
Swing Shift 1500-0130
Midnight Shift 2100-0730
e. Beginning the last week in October each year, all Crime Scene Technicians II/Senior work assignments in the Crime Scene Identification Section will be open for sign ups by seniority in classification for the following year.
f. Any Crime Scene Technician II or Senior who is absent at the time of sign ups is solely responsible for obtaining and reviewing the sign up drafts and instructions and for securing a proxy to represent him/her during the sign up process. Any Crime Scene Technician II or Senior failing to sign up or failing to secure a proxy for sign-ups will be assigned to a work schedule by management.
g. Assignments as a result of annual sign-ups will begin on or about January 1
st of each year.
Immediately following the sign- ups for work assignments Crime Scene Technician I/II/Senior may bid to schedule, by seniority in MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 69 classification vacation in rounds, in an amount equal to the maximum vacation time accrued by the Crime Scene Technician for the calendar year during which the employee bids for vacation scheduling. Said vacation shall be scheduled to be taken between January 1
st following the bid and December 31st of each calendar year. The first two (2) rounds shall be limited to signups for consecutive weekly blocks. Rounds will continue until every member has had a chance to sign up for all eligible vacation hours.
h. Probationary Crime Scene Technician I’s may not be permitted to sign up for shifts but shall instead be assigned by the department to a shift and rotated between shifts for training purposes until promoted to the level of Crime Scene Technician II. Upon promotion, a Crime Scene Technician II may apply for vacant positions as set forth in sub-section (e), above.
i. Crime Scene Technician I’s with less than six (6) months of employment cannot use vacation time. However, Crime Scene Technician I’s may sign up for a vacation block that is after their six (6) month anniversary date.
j. Order back to work will continue to first be done on a voluntary basis. However, if there are no volunteers, management reserves the right to order back Crime Scene Technician(s) to meet operation and service needs of the department.
k. Crime Scene Technicians attending training can be scheduled for such training during an eight-hour, five-day workweek, or an eight- hour shift basis until training is completed.
l. This Alternative Workweek Schedule may be cancelled by the City following thirty (30) days written notice to the affected Crime Scene Technicians and the Labor Relations Division, at which time all employees will revert to the 5/8 workweek.
m. The decision to discontinue the 4/10 workweek and revert to the standard workweek and vacation scheduling that was in existence prior to the establishment of the 4/10 workweek, is not appealable or grievable.
10. Except for emergencies it is expressly understood that all medical and dental appointments will be scheduled on off-duty time if possible.
C. INVESTIGATIONS
When a police civilian employee is under investigation and subjected to interrogation by the department, which could lead to disciplinary action as MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 70 defined below, the interrogation shall be conducted under conditions listed hereunder.
1. Internal Investigations. Disciplinary action is defined as any action which may lead to dismissal, demotion, suspension, fine in- lieu of suspension, reduction in salary, written reprimand or transfer for the purposes of punishment. An oral reprimand is not within the meaning of disciplinary action.
a. Reasonable Hour . The interrogation shall be conducted at a reasonable hour, preferably at a time when the police civilian employee is on duty, unless the seriousness of the investigation requires otherwise.
b. Off-duty Compensation. The employee shall be compensated if the interrogation occurs off duty.
c. Names of Interrogators . The police civilian employee under investigation shall be informed prior to such interrogation of the rank, name and command of the officer in charge of the
interrogation and all others who will be present at the interrogation.
d. Nature of Interrogation. The police civilian employee under investigation shall be informed of the nature of the investigation prior to any interrogation.
e. Reasonable Period. The interrogation session shall be for a reasonable period, taking into consideration the gravity and complexity of the issue being investigated.
f. Personal Necessities . The person under interrogation shall be allowed to attend to their own personal, physical necessities.
g. Absence of Threats, Promises of Reward and Publicity. The police civilian employee under interrogation shall not be subjected to offensive language or threatened with disciplinary action.
However, a police civilian employee shall be informed that failure to answer questions directly related to the investigation or interrogation may result in disciplinary action. No promise of reward shall be made as an inducement to answering questions.
The employer shall not cause the police civilian employee under interrogation to be subjected to visits by the press or news media without the employee’s express consent, nor shall the employee’s home address or photographs be given to the press or news media without the employee’s express consent.
h. Record of Interrogation. The interrogation may be recorded, and if it is, the police civilian employee shall have access to the tape if MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 71 any further proceedings are contemplated or prior to any further interrogation at a subsequent time.
i. Own Recording. The police civilian employee being interrogated shall have the right to bring a recording device and record any and all aspects of the interrogation.
j. Notes of Stenographer . The police civilian employee shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those which are deemed by the investigating agency to be confidential. No notes or reports which are deemed to be confidential may be entered in the police civilian employee's personnel file.
k. Exclusions. Excluded from the above are discussions with police civilian employees in the normal course of duty, counseling, instruction, informal verbal admonishment, routine or unplanned contact with a supervisor. This Section shall not apply to a criminal investigation.
2. Rights of Representation Upon Request . Whenever an interrogation focuses on matters which are likely to result in disciplinary action against any police civilian employee, that employee, at the employee’s request, shall have the right to be represented by a representative of the employee’s choice who may be present at all times during such interrogation. The representative shall not be a person subject to the same investigation.
This Section shall not apply to any discussions with a police civilian employee in the normal course of duty, counseling, instruction, informal verbal admonishment, or other routine or unplanned contact with a supervisor or any other police civilian employ ee. This Section shall not apply to a criminal investigation.
3. Right of Privacy . No police civilian employee shall be required or requested for purposes of job assignment or other personnel action to disclose any item of the employee’s property income, assets, source of income, debts or personal or domestic expenditures (including t hose of any member of the employee’s family or household) unless such information is obtained or required under state law or proper legal procedure.
4. Right of Privacy Extended to Storage Space. No police civilian employee shall have the employee’s locker or other space for storage that may be assigned to the employee, searched except in the employee’s presence, or with the employee’s consent, or unless a valid search warrant has been obtained or where the employee has been notified that a search will MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 72 be conducted. This Section shall apply only to lockers or other space for storage that is owned or leased by the employing agency.
5. Language shall be included on oral reprimands which states that when signing, an employee makes no admission of guilt regarding the statements included in the reprimand. Oral reprimands will be retained only in the Police Department's divisional files. Employees are entitled to a copy of any oral reprimand they receive.
6. Article X, Section D. applies only to members of this Unit who are assigned to the Police Department and shall take precedence over any other conflicting section of this MOU.
D. ABSENT WITH SUBSTITUTE (AWS)
1. AWS With Trade - In accordance with Section 7(p)(3) of the Fair Labor Standards ACT (FLSA), as discussed in 29 CFR 553.31, Community Services Officers (CSO’s), Identification Technicians, Emergency Service Dispatchers, and Administrative Clerks assigned to the Records Bureau may substitute for one another when staffing levels do not permit these employees to take time off. Any employee in the classes noted above that seeks to have a substitute cover a shift will be responsible for finding an off-duty replacement to work the shift. The substitution must be during scheduled work hours and in the performance of work in the same capacity. The hours worked are excluded by the City in the calculation of the hours for which the substitute employee would otherwise be entitled to overtime compensation under the FLSA and under the overtime provisions of this MOU. When one employee substitutes for another, the employee being substituted for will be credited as if the employee had worked their normal schedule for that shift.
2. AWS With Compensation - When one employee substitutes for another, the employee being substituted for will be credited as if the employee had worked their normal schedule for that shift. If the substituting employee wishes to be compensated for the substitute shift worked at the base/straight time rate of pay, then the employee being substituted for shall transfer the applicable number of holiday leave, vacation, or CTO hours to the substituting employee’s “like” account. The employee being substituted for may only select one account from which to take hours for transfer, and those hours shall only be transferred to the volunteer substitute’s “like” account. If the substituting employee’s selected account is at the maximum allowable balance, the substituting employee shall be compensated at the base/straight time rate of pay from the transferred hours.
3. AWS Notification to Department - Employees wishing to provide a substitute must notify the department at least 24 hours in advance of the MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 73 substitution on a form provided for that purpose. The substitute must be satisfactory to the department. If the substitute is determined to not be a satisfactory substitute, the employee’s supervisor shall provide the reason(s) in writing within one hour of personal notification to the supervisor. The responsibility of seeking a suitable substitute remains with t he employee regardless of when an employee notifies the department of the substitute.
4. Employees on probation may utilize forty (40) hours of AWS to take time off during any calendar quarte r, with no restrictions on how many hours of AWS can be work ed during a calendar quarter. Probationary employees who desire to utilize more than forty (40) hours of AWS may do so with Commander approval.
Employees who have completed probation may utilize one hundred- twenty (120) hours of AWS to take time off during any calendar quarter, with no restriction on how many of hours of AWS can be worked during a calendar quarter. Non- probationary employees who desire to utilize more than one hundred- twenty (120) hours during a calendar quarter may do so with Commander approval.
5. Once an employee has agreed to substitute for another employee, and the substitution has rec eived supervisor approval, the substituting employee is responsible for work on the specified date and time of the traded shift or partial shift. In the event the substituting employee cannot work the shift or partial shift, the substituting employee is responsible for obtaining a replacement substitute. When no replacement substitute can be provided, and the initial substituting employee fails to work the shift or partial shift, holiday, CTO, or vacation leave shal l be charged to the account of the employee normally scheduled to work.
6. AWS provisions in department policies and procedures and/or Bureau Operation Manuals are not superseded by Section D.
E. COURT APPEARANCES
Notwithstanding the provisions of Chapter 3, Article 1, Section 3- 117 of the FMC, the following rules shall apply to court appearances.
Employee’s Regularly Scheduled Day Off:
1. If an employee receives a departmental notice or subpoena requiring a court appearance on the employee's regularly scheduled day off, or on vacation, or on a day off on compensatory time- off which has been approved prior to notice and/or the employee's receipt of a departmental notice or subpoena, and the employee has not been released by the Court Liaison Office (CLO) by 1700 hours of the day prior to the court MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 74 appearance, the employee shall have the following apply for their compensation:
a. Pay for court appearance standby duty shall be one hour at one and one-half (1 ½) times the employee’s base rate of pay which may be taken as CTO by the employee.
b. In the event an employee who is on court appearance standby duty at home, appears in court, the member shall be compensated for four (4) hours pay at one and one half (1 ½) times the rate of pay, or one and one half ( 1 ½) times the employees base rate of pay for the actual time of appearance, whichever is greater. This compensable time starts from the time the employee reports to the court at the directed appearance time through completion of the appearance.
Employee’s Regular Day of Work:
2. If an employee receives a departmental notice or subpoena requiring a court appearance on a regular day of work which falls outside of assigned work hours, and the employee has not been released by the Court Liaison Office (CLO) by 1700 hours of the day prior to the court appearance, the employee shall have the following apply for their compensation:
a. Pay for court appearance standby duty on a work day, as described above, shall be one (1) hour at one and one half (1 ½) times the employee’s base rate of pay.
b. In the event an employee who is on court appearance standby duty prior to or after their shift is required to appear in court, they shall also be compensated for a minimum of three (3) hours at one and one half (1 ½) times the employee’s base rate of pay, or at one and one and one half (1 ½) times their base rate of pay for the actual time of the appearance, whichever is greater. This compensable time starts from the time the member is ordered to report to the court through completion of the appearance.
c. If the court appearance falls during the shift and continues beyond the end of the shift, the employee shall be paid at the applicable hourly rate for the actual time spent in court.
d. In the event an employee’s appearance is required via telephone or other means of electronic communication in any judicial or administrative proceeding as a witness, the employee shall be compensated at a minimum of one (1) hour at one and one half (1 ½) times their base rate of pay, or at one and one half (1 ½) times MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 75 their base rate of pay for the actual time of the appearance, whichever is greater.
e. In the event a member is off on a regular day of work as a result of AWS, and is required to make a court appearance, the member shall be compensated for court time as if it was a regularly scheduled day off. Conversely, in the event a member is substituting as a result of AWS on a regularly scheduled day off/vacation/holiday/CTO/ EITO, the substituting employee shall be compensated as if it was a regularly scheduled day off.
3. Time spent on court appearance standby duty (i.e., at home) shall not be considered hours worked.
4. The provisions of Section E shall apply to employees who are required to appear in any judicial or administrative proceeding as a witness pursuant to subpoena, court order, or request of the District Attorney.
This provision shall apply to all judicial pr oceedings (civil, criminal, or administrative) and Civil Service proceedings in which an employee's presence is ordered, directed, or requested because of their employment.
5. The City and the Association agree to meet, as necessary, to discuss concerns involving the Court Liaison Program.
F. FAMILY EVENTS
In the event an employee requests paid time off (vacation, CTO, or holiday time), excluding those holidays as set forth in Article VIII, Section T of this MOU, not less than two (2) weeks in advance to attend a major family or social event, such as weddings, birthdays, graduations, etc., such request shall only be denied in an emergency. An emergency is defined as circumstances beyond the control of the City and not having been known in advance of the circumstance creating the emergency. An employee may be granted one (1) family event for a period no longer than a single work shift, with a total of two (2) family events per fiscal year until January 1, 2025, after which the number of family events per fiscal year will increase to three (3). Approval will be limited to one (1) employee per shift for Dispatch. When more than one Dispatcher is requesting time off for a non-city holiday on the same day, the employee who is granted time off shall be selected using a lottery system. The department shall have two (2) lotteries, one for Shifts A, B, and C, and one for Shifts D, E, and F. Both a winner and a runner- up shall be drawn in each lottery. Lottery winners will be required to take the requested shift off and may not trade or use AWS during that shift. Should the lottery winner cancel their time off for a family event more than 48 hours prior to the scheduled day off, the runner-up will be offered the opportunity to take time off for a family event that day. If the runner-up does not accept the time off for a family event that day, the department will not offer that day to any other employee for a family event . Approval will be limited to one (1) employee per MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 76 shift for the Crime Scene Bureau. Time off pursuant to this section shall not include leaves protected by state of federal statutes. Employees taking time off pursuant to statutory leaves may do so consistent with City policy and law, and shall not be subject to the lottery system described herein for such protected absences.
G. EMERGENCY SERVICES DISPATCHERS
1. The probationary period for employees in the Emergency Services Dispatcher I class assigned to the Police Communications Bureau shall be up to eighteen (18) months, at the discretion of management.
2. Emergency Services Dispatchers who are placed on sick leave verification will not be acceptable as a replacement for purposes of available overtime, with the exception of order back.
3. Any ESD III who voluntarily demotes shall retain seniority earned as a III in addition to time in the lower classifications for the purposes of bidding on vacation slots or shift assignments. Bidding rights for vacation slots or shift assignments shall not be applicable for any bidding process that is initiated and/or completed prior to the employee’s return to the lower classification.
H. RESOURCE OPTIMIZATION SYSTEM
The Department may utilize a resource optimization system to determine the number and scheduling of shifts, the number and configuration of policing areas, the number of employees assigned to each shift, and the day off configuration and/or rotation of days off.
I. CRITICAL INCIDENTS
Upon ratification and approval of this Agreement, the City’s Police Department agrees to include the Association in any employee committees or labor management discussions related to developing policies, procedures and subsequent implementation for critical incidents for Emergency Services Dispatchers and Crime Scene Technicians.
J. ESD TRAINING DIFFERENTIAL
Employees occupying the Emergency Services Dispatcher II class and assigned to train newly hired Emergency Services Dispatcher Is in the Police Department Communications Bureau shall receive a 5% salary differential for all hours assigned to train. This pay is pensionable under the City of Fresno Retirement System.
Prior to receiving such an assignment, the ESD II must first successfully complete the ESD III testing process and remain assigned to their current shift.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 77 The employee shall maintain the status of an ESD II for all purposes, including bidding for positions and maintaining the employee’s seniority level.
K. TEMPORARY ASSIGNMENT TO PERFORM DUTIES OF ABSENT
EMPLOYEES
Employees in the Records Division and Communications Bureau shall be paid for all assigned hours when assigned Acting in accordance with the provisions of Article VIII., Section I and when such assignments are given f or a minimum of one (1) hour.
L. SHIFT DIFFERENTIAL – COMMUNICATIONS BUREAU
Emergency Service Dispatchers I/II/III who are assigned to work a shift commencing at 3:30 a.m. shall receive a premium pay of one dollar ($1.00) per hour for all hours worked that shift. This shift differential will only be paid to an employee who is assigned to a shift commencing at 3:30 a.m. and ac tually works said shift. Emergency Service Dispatchers assigned other shifts shall receive shift differential in accordance with the provisions of Article VIII., Section L.
M. SPECIAL EVENTS AND CONTRACT LAW ENFORCEMENT SERVICES
1. All special events and contract law enforcement services (CLES), as determined by the Chief of Police or designee, shall be considered special detail assignments and compensation for hours worked shall be at one and one half (1 ½) times the applicable bas e rate of pay for the class. Such pay shall not be credited towards years of service for retirement benefits or regular overtime.
2. All special assignments shall be on a volunteer basis, except exterior Fair, Fair Crime Prevention, and Chukchansi Park Stadium assignments.
The number of CSO’s assigned to special events shall be determined by the Chief of Police or designee.
3. An assignment list shall be the basis for all CSO assignments. CSO’s who desire to be placed on the assignment list shall notify the Chief’s designated representative. All CSO’s on the assignment list shall be notified by voice mail when policing special events and/or contract law enforcement services positions are available. Positions shall be filled using the following process:
a. The Chief’s designated representative will sequentially number the calls, starting with the first CSO responding from the assignment list, and so on. The designated representative will then use computer spreadsheet software programmed to select a random number drawn from the sequential numbers assigned to the responding CSO’s. The random number selected will be the MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 78 starting point for making assignments, and for filling the positions.
If the positions are not filled after going through the entire list of numbers, the designated representative will continue through the list again, and so on, until all the positions are assigned or a subsequent notification is issued.
b. CSO’s who desire to be placed on the assignment list must have completed their probation. CSO’s on sick leave, industrial injury leave, “temporary light duty,” or unpaid leave shall not be eligible.
4. Any CSO who fails to appear for an assignment or fails to notify the designated representative of the inability to work the assignment 24 hours prior to the beginning of the assignment schedule shall be removed from the assignment list. Any CSO who is removed from the assignment list shall not be eligible for reinstatement to the assignment list for a period of six (6) months. Removal from the assignment list shall not be deemed a disciplinary action pursuant to Civil Service Board rules and is not appealable or grievable.
a. CSO’s performing special events/contract law enforcement services assignments shall be subject to all rules, orders, and procedures of the Police Department.
b. In no event shall a CSO performing special events/contract law enforcement services work be assigned to a job site where a labor union picket line has been established.
5. Compensation
a. CSO’s shall receive one and one half (1 ½) times their base rate of pay for special events and CLES. The parties agree that for the purpose of FLSA regulations, compensation paid for working special events and CLES is at the applicable overtime rate, and shall not be compensation for pension plan benefits calculations or regular overtime.
b. A CSO reporting to an assignment site shall receive a minimum of four (4) hours pay regardless of actual time worked. Employment of more than four (4) hours shall be paid to the nearest tenth of an hour for the actual time worked.
c. Any accident, illness or injury which arises out of, or occurs in the course of employment for special events or CLES shall be covered under the City’s workers compensation plan pursuant to this MOU.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 79
ARTICLE XI
HEADINGS/REFERENCES/CITATIONS
A. HEADINGS
MOU article, provision, and paragraph headings (includes exhibits, addendums, attachments, agreements and side letters) contained herein are solely for the purpose of convenience, and shall not affect the construction or interpretation of any of the language of this MOU.
B. REFERENCES/CITATIONS
References/citations in this MOU (including exhibits, addendums, attachments, agreements, and side letters) to any existing federal, state, or city ordinances, rules, regulations, policies, AO, Salary Resolution sections and subsections thereof, and side letters in no way incorporates said references/citations into this MOU unless so noted.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 80
ARTICLE XII
SAVING CLAUSE/FULL UNDERSTANDING
A. SAVING CLAUSE
In the event any article, section, or portion of this MOU should be held invalid and unenforceable in any court of competent jurisdiction, such decision shall apply only to the specific article, section, or portion thereof specifically specified in the court's decision, and upon issuance of such a decision, the City and the Association agree to immediately meet and confer upon a substitute for the invalidated article, section, or portion thereof.
B. FULL UNDERSTANDING
It is intended that this MOU sets forth the full and entire understanding of the parties, and any previous understanding or agreements by the parties regarding any such matters are hereby superseded and terminated in their entirety. With respect to side l etter agreements, any not attached to this MOU are hereby terminated in their entirety. Side letter agreements attached to this MOU shall continue in force subject to the terms contained therein, or in the absence of specified terms the side letter agreements shall terminate upon the expiration of this MOU. Any side letter agreements entered into during the term of the MOU shall be attached to this MOU and continue in force subject to the terms and conditions set forth in each side letter. Further, neither party shall be bound by any promise or assurance that is not explicitly covered in this MOU, or in a side letter agreement signed by both parties. This paragraph is not intended to prevent either party from relying on discussions which occurred during the meet and confer process for the purpose of clarifying the meaning of this MOU.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 81
ARTICLE XIII
TERM
This MOU shall be in full force and effect from June 17, 2024 June 16, 2025 through June 15, 2025 December 27, 2026, subject to the Sections (A., B. and C.) below.
A. This MOU shall become effective only after ratification by the members of the Association, followed by City Council approval and the expiration of the waiting period for the Mayor's action provided in Charter sections 605 and 609, and after all parties named on the signature page of this MOU have signed the MOU, and shall remain in full force and effect through June 15, 2025 December 27, 2026.
B. During the life of this MOU, should either party desire to modify its terms or to meet and confer as to matters within the scope of representation not addressed in this MOU, the party requesting such modification shall request in writing to meet and confer on the item, which item shall be specified in writing.
C. During the life of this MOU, either party may refuse such request without explanation if the item is directly related to or is an item directly considered herein, or if the specific item was included in a written proposal of the party making the request during the meet and confer process which led to this MOU.
It is agreed by the parties that the City may request to meet and confer on amendments to this Article during the life of this MOU. Further, the parties agree that, if no agreement is reached on amendments to this Article, neither party may take action on such amendment(s) without the consent of the other party.
It is further agreed, however, that this Article shall not prohibit the parties from requesting to meet and confer on changes to federal or state statutes, or City AO, policies and procedures referred to or cited in this MOU, and which affect the implementation of this MOU, in which case the request to meet and confer shall not be refused.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 82 IN WITNESS WHEREOF, the parties hereto have set their hands this _____ day of _______________ , 2025.
FOR THE FRESNO CITY EMPLOYEES
ASSOCIATION:
_______________________________
TONY SILVA
Labor Representative
FOR THE CITY OF FRESNO:
_______________________________
SUMEET MALHI
Director of Personnel Services
APPROVED AS TO FORM
CITY ATTORNEY’S OFFICE
BY: _______________________
Assistant City Attorney
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 83
SALARY SCHEDULE
TABLE I
SALARIES EFFECTIVE JUNE 17, 2024
CLASS TITLE A B C D E
Account Clerk I 3014 3151 3293 3446 3610
Account Clerk II 3332 3485 3651 3816 3992
Accountant-Auditor I 4875 5099 5335 5594 5856
Accountant-Auditor II 5343 5590 5861 6140 6431
Accounting Technician 4022 4211 4409 4612 4831
Administrative Clerk I 2797 2927 3057 3198 3343
Administrative Clerk II 3343 3496 3655 3826 4001
Airports Credentialing Technician 3894 4075 4264 4467 4677 Airports Operations Officer I 4879 5119 5365 5634 5915
Airports Operations Officer II 5365 5634 5915 6211 6522 Animal Care Specialist I 3293 3458 3631 3812 4003
Animal Care Specialist II 3623 3804 3994 4194 4404
Animal Resource Officer I 4024 4207 4402 4606 4820
Animal Resource Officer II 4415 4620 4835 5064 5303
Animal Services Representative I 3361 3513 3673 3844 4024 Animal Services Representative II 3671 3842 4023 4205 4398 Associate Electrical Safety
Consultant I 6092 6381 6688 7003 7341
Associate Electrical Safety
Consultant II 6711 7033 7366 7720 8095
Associate Environmental & Safety
Consultant I 6092 6381 6688 7003 7341
Associate Environmental & Safety
Consultant II 6711 7033 7366 7720 8095
Associate Plumbing & Mechanical
Consultant I 6092 6381 6688 7003 7341
Associate Plumbing & Mechanical
Consultant II 6711 7033 7366 7720 8095
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 84
TABLE I
SALARIES EFFECTIVE JUNE 17, 2024
CLASS TITLE A B C D E
Billing System Specialist 4429 4638 4857 5076 5313
Budget Technician 4023 4208 4406 4613 4831
Building Inspector I 5569 5833 6109 6404 6706
Building Inspector II 6092 6381 6688 7003 7341
Building Inspector III 6711 7033 7366 7720 8095
Call Center Representative I 3671 3841 4030 4205 4399
Call Center Representative II 4036 4218 4413 4621 4837 Central Printing Clerk 3342 3495 3654 3826 4001
Chemist 5305 5562 5824 6103 6394
City Records Specialist 4009 4195 4391 4597 4816
Commercial Building Inspector 6092 6381 6688 7003 7341 Community Recreation Assistant 4063 4245 4421 4600 4800 Community Revitalization Specialist 5435 5696 5969 6295 6557 Community Revitalization
Technician 3781 3957 4141 4337 4541
Community Services Officer I 4024 4207 4402 4606 4820
Community Services Officer II 4415 4620 4835 5064 5303
Computer Systems Specialist I 5636 5897 6178 6475 6781 Computer Systems Specialist II 6178 6471 6779 7102 7447 Computer Systems Specialist III 6781 7106 7449 7805 8184 Construction Compliance Specialist 4659 4872 5105 5348 5598 Crime Scene Technician I 4460 4668 4889 5121 5364
Crime Scene Technician II 4889 5121 5364 5618 5889
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 85
TABLE I
SALARIES EFFECTIVE JUNE 17, 2024
CLASS TITLE A B C D E
Crime Specialist 5593 5857 6138 6431 6743
Customer Services Clerk I 3361 3513 3673 3844 4024
Customer Services Clerk II 3671 3842 4023 4205 4398
Cybersecurity Analyst 6781 7106 7449 7805 8184
Deputy City Clerk 3665 3835 4012 4200 4392
Development Services Coordinator 5702 6015 6308 6609 6926 Digital Forensics Analyst 7398 7770 8157 8565 8993
Emergency Services Call Taker 5000 5227 5420 5668 5907
Emergency Services Dispatcher I 5000 5227 5420 5668 5907 Emergency Services Dispatcher II 5410 5662 5931 6210 6496 Emergency Services Dispatcher III 5948 6220 6521 6800 7145 Engineer I 7081 7435 7806 8196 8606
Engineer II 7991 8392 8811 9251 9713
Engineering Aide I 3488 3643 3809 3987 4177
Engineering Aide II 4144 4339 4534 4745 4976
Engineering Inspector I 5574 5857 6121 6410 6721
Engineering Inspector II 6102 6390 6698 7018 7356
Engineering Technician I 4098 4289 4496 4696 4918
Engineering Technician II 5012 5257 5499 5755 6031
Environmental Control Officer 5233 5484 5737 6010 6293
Facilities Construction Specialist 5348 5596 5863 6142 6438 Fire Prevention Inspector I 4726 4948 5173 5427 5685
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 86
TABLE I
SALARIES EFFECTIVE JUNE 17, 2024
CLASS TITLE A B C D E
Fire Prevention Inspector II 5448 5696 5969 6262 6557
Fleet Operations Specialist 4998 5230 5483 5741 6017
Geographic Information System
(GIS) Specialist 6781 7106 7449 7805 8184
Geographic Information System
(GIS) Technician I 5632 5894 6173 6470 6776
Geographic Information System
(GIS) Technician II 6178 6469 6779 7102 7447
Graphics Technician 4397 4609 4832 5068 5315
Helicopter Pilot 6666 6991 7333 7693 8072
Housing Rehabilitation Specialist 5417 5681 5962 6254 6557 Industrial/Commercial Water
Conservation Representative 5242 5492 5747 6021 6305
Interpreter/Translator 5788 6106 6403 6709 7030
Laboratory Assistant 3659 3833 4010 4197 4391
Laboratory Technician I 4399 4605 4821 5046 5282
Laboratory Technician II 4831 5056 5295 5548 5812
Landscape Water Conservation
Specialist 5227 5476 5737 6008 6293
Law Office Assistant 4394 4609 4833 5068 5313
Network Systems Specialist 6781 7106 7449 7805 8184
PAR Program Specialist 3781 3957 4141 4337 4541
Paratransit Specialist 4027 4217 4416 4615 4831
Park Ranger I 4024 4207 4402 4606 4820
Park Ranger II 4415 4620 4835 5064 5303
Parking Enforcement Officer I 3541 3687 3839 3990 4159
Parking Enforcement Officer II 3879 4044 4211 4381 4577 MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 87
TABLE I
SALARIES EFFECTIVE JUNE 17, 2024
CLASS TITLE A B C D E
Parking Enforcement Officer III 4271 4444 4643 4833 5041 Phlebotomist 3659 3833 4010 4197 4391
Planner I 5338 5578 5845 6126 6420
Planner II 5790 6108 6406 6710 7032
Plans Examiner 5843 6106 6400 6713 7029
Plans and Permit Technician 5325 5574 5827 6113 6404
Police Data Transcriptionist 4273 4470 4678 4895 5125
Police Support Services Clerk 3547 3711 3882 4062 4250
Police Support Services Technician 3894 4075 4264 4467 4677 Principal Account Clerk 4022 4211 4409 4612 4831
Procurement Specialist 5051 5293 5542 5806 6083
Program Compliance Officer 4319 4532 4753 4984 5227
Programmer/Analyst I 5639 5902 6182 6480 6785
Programmer/Analyst II 6178 6471 6779 7102 7447
Programmer/Analyst III 6781 7106 7449 7805 8184
Programmer/Analyst IV 7448 7810 8189 8578 8992
Property & Evidence Technician 4394 4600 4816 5043 5281 Property Specialist I 5221 5473 5732 6001 6292
Property Specialist II 6050 6338 6644 6959 7296
Radio Dispatcher 3711 3878 4040 4218 4391
Radio Frequency (RF) Network
Engineer I 6178 6471 6779 7102 7447
Radio Frequency (RF) Network
Engineer II 6781 7106 7449 7805 8184
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 88
TABLE I
SALARIES EFFECTIVE JUNE 17, 2024
CLASS TITLE A B C D E
Rangemaster/Armorer 5122 5365 5619 5890 6169
Real Estate Finance Specialist I 4233 4431 4632 4854 5083 Real Estate Finance Specialist II 5536 5797 6074 6360 6661 Recreation Specialist 4367 4568 4783 5008 5242
Retirement Counselor I 4021 4210 4408 4614 4831
Retirement Counselor II 4420 4626 4844 5073 5313
Safety and Training Specialist 4720 4949 5193 5446 5713 Secretary 4039 4227 4424 4628 4847
Senior Account Clerk 3664 3830 4006 4195 4392
Senior Administrative Clerk 3675 3846 4023 4210 4407
Senior Animal Care Specialist 3985 4184 4393 4613 4844
Senior Animal Resource Officer 4866 5095 5333 5580 5845 Senior Animal Services
Representative 4482 4683 4900 5130 5371
Senior Call Center Representative 4405 4617 4840 5075 5321 Senior Commercial Building
Inspector 6711 7033 7366 7720 8095
Senior Community Revitalization
Specialist 6092 6378 6675 6998 7337
Senior Community Services Officer 4866 5095 5333 5580 5845 Senior Crime Scene Technician 5122 5365 5619 5890 6169
Senior Customer Services Clerk 4482 4683 4900 5130 5371 Senior Cybersecurity Analyst 7446 7808 8186 8576 8990
Senior Deputy City Clerk 4022 4207 4406 4612 4831
Senior Engineering Technician 5519 5781 6052 6343 6635
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 89
TABLE I
SALARIES EFFECTIVE JUNE 17, 2024
CLASS TITLE A B C D E
Senior Fire Prevention Inspector 6092 6378 6675 6998 7337 Senior Laboratory Technician 5385 5643 5912 6193 6488
Senior Network Systems Specialist 7446 7808 8186 8576 8990 Senior Park Ranger 4866 5095 5333 5580 5845
Senior Plans Examiner 6417 6717 7030 7371 7730
Senior Procurement Specialist 5542 5806 6083 6374 6676
Senior Property & Evidence
Technician 4831 5059 5298 5545 5810
Senior Radio Frequency (RF)
Network Engineer 7446 7808 8186 8576 8990
Senior Records Clerk 3664 3833 4011 4198 4391
Senior Secretary 4022 4207 4406 4612 4831
Senior Storeskeeper 4394 4600 4816 5043 5281
Senior Utility Service
Representative 4418 4625 4844 5071 5313
Senior Water Systems Telemetry &
Distributed Control Specialist 7446 7808 8186 8576 8990 Staff Assistant 4028 4217 4417 4616 4832
Storeskeeper 3992 4179 4372 4577 4792
Survey Party Technician 5012 5257 5499 5755 6031
Tax/Permit Inspector 4726 4949 5175 5430 5686
Traffic Signal Operations Specialist 6773 7096 7439 7793 8174 Transit Scheduler 6773 7096 7439 7793 8174
Tree Program Specialist 4997 5232 5485 5745 6017
Utility Service Representative I 3663 3832 4009 4197 4391 Utility Service Representative II 4021 4210 4406 4613 4830 Wastewater Reclamation
Coordinator 5221 5473 5732 6001 6292
Water Conservation Representative 3780 3957 4141 4335 4540 Water Systems Telemetry &
Distributed Control Specialist 6165 6457 6766 7089 7430 MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 90
TABLE I
SALARIES EFFECTIVE JUNE 16, 2025
CLASS TITLE A B C D E
Account Clerk I 3237 3384 3536 3700 3877
Account Clerk II 3578 3742 3921 4098 4286
Accountant-Auditor I 5235 5475 5728 6006 6288
Accountant-Auditor II 5737 6002 6293 6592 6905
Accounting Technician 4319 4522 4735 4953 5187
Administrative Clerk I 3011 3143 3283 3434 3590
Administrative Clerk II 3590 3754 3925 4108 4297
Airports Credentialing Technician 4181 4376 4579 4797 5022 Airports Operations Officer I 5239 5497 5761 6049 6351
Airports Operations Officer II 5761 6049 6351 6669 7003 Airports Public Safety Agent I 4321 4518 4727 4946 5176 Airports Public Safety Agent II 4741 4961 5191 5438 5695 Animal Care Specialist I 3536 3714 3899 4094 4299
Animal Care Specialist II 3891 4085 4288 4503 4729
Animal Resource Officer I 4321 4518 4727 4946 5176
Animal Resource Officer II 4741 4961 5191 5438 5695
Animal Services Rep I 3610 3773 3944 4127 4321
Animal Services Rep II 3942 4125 4320 4516 4722
Associate Electrical Safety
Consultant I 6541 6851 7181 7520 7882
Associate Electrical Safety
Consultant II 7206 7551 7909 8289 8691
Associate Environmental & Safety
Consultant I 6541 6851 7181 7520 7882
Associate Environmental & Safety
Consultant II 7206 7551 7909 8289 8691
Associate Plumbing & Mechanical
Consultant I 6541 6851 7181 7520 7882
Associate Plumbing & Mechanical
Consultant II 7206 7551 7909 8289 8691
Billing System Specialist 4756 4980 5216 5450 5705
Budget Technician 4320 4519 4731 4954 5187
Building Inspector I 5980 6263 6560 6876 7201
Building Inspector II 6541 6851 7181 7520 7882
Building Inspector III 7206 7551 7909 8289 8691
Call Center Representative I 3942 4124 4327 4516 4723
Call Center Representative II 4334 4529 4739 4962 5194
Central Printing Clerk 3588 3753 3924 4108 4297
Chemist 5697 5972 6253 6553 6865
City Records Specialist 4305 4504 4715 4936 5171
Commercial Building Inspector 6541 6851 7181 7520 7882
Community Recreation Assistant 4363 4558 4747 4939 5154 MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 91
TABLE I
SALARIES EFFECTIVE JUNE 16, 2025
CLASS TITLE A B C D E
Community Revitalization
Specialist 5836 6116 6409 6759 7041
Community Revitalization
Technician 4060 4249 4446 4657 4876
Community Services Officer I 4321 4518 4727 4946 5176
Community Services Officer II 4741 4961 5191 5438 5695
Computer Systems Specialist I 6051 6331 6633 6952 7281
Computer Systems Specialist II 6633 6948 7279 7626 7995 Computer Systems Specialist III 7281 7630 7997 8381 8787 Construction Compliance
Specialist 5003 5231 5482 5742 6010
Crime Scene Technician I 4789 5013 5249 5499 5760
Crime Scene Technician II 5249 5499 5760 6032 6323
Crime Specialist 6005 6289 6590 6905 7240
Customer Services Clerk I 3610 3773 3944 4127 4321
Customer Services Clerk II 3942 4125 4320 4516 4722
Cybersecurity Analyst 7281 7630 7997 8381 8787
Deputy City Clerk 3936 4118 4308 4509 4716
Development Services
Coordinator 6123 6459 6773 7096 7436
Digital Forensics Analyst 7943 8343 8758 9196 9655
Emergency Services Call Taker 5368 5612 5820 6086 6343
Emergency Services Dispatcher I 5368 5612 5820 6086 6343 Emergency Services Dispatcher II 5809 6080 6368 6668 6974 Emergency Services Dispatcher III 6386 6679 7002 7301 7671 Engineer I 7603 7983 8382 8799 9240
Engineer II 8579 9010 9460 9933 10429
Engineering Aide I 3745 3912 4091 4281 4485
Engineering Aide II 4449 4659 4868 5095 5343
Engineering Inspector I 5985 6289 6572 6883 7216
Engineering Inspector II 6552 6861 7191 7535 7898
Engineering Technician I 4400 4605 4827 5042 5281
Engineering Technician II 5382 5645 5904 6180 6475
Environmental Control Officer 5619 5888 6160 6453 6756
Facilities Construction Specialist 5742 6008 6296 6594 6912 Fire Prevention Inspector I 5075 5312 5555 5827 6104
Fire Prevention Inspector II 5849 6116 6409 6724 7041
Firearms & Digital Forensics
Technician 5500 5761 6033 6324 6624
Fleet Operations Specialist 5366 5616 5887 6164 6461
Geographic Information System
(GIS) Specialist 7281 7630 7997 8381 8787
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 92
TABLE I
SALARIES EFFECTIVE JUNE 16, 2025
CLASS TITLE A B C D E
Geographic Information System
Tech I 6047 6328 6628 6947 7275
Geographic Information System
Tech II 6633 6946 7279 7626 7995
Graphics Technician 4721 4949 5188 5442 5707
Helicopter Pilot 7157 7506 7873 8259 8667
Housing Rehabilitation Specialist 5817 6100 6402 6715 7041 Industrial/Commercial Water
Conservation Representative 5628 5897 6170 6465 6770
Interpreter/Translator 6214 6557 6875 7204 7548
Laboratory Assistant 3929 4116 4306 4506 4715
Laboratory Technician I 4723 4945 5177 5418 5671
Laboratory Technician II 5187 5429 5685 5957 6241
Landscape Water Conservation
Specialist 5612 5880 6160 6451 6756
Law Office Assistant 4718 4949 5189 5442 5705
Network Systems Specialist 7281 7630 7997 8381 8787
PAR Program Specialist 4060 4249 4446 4657 4876
Paratransit Specialist 4324 4528 4742 4956 5187
Park Ranger I 4321 4518 4727 4946 5176
Park Ranger II 4741 4961 5191 5438 5695
Parking Enforcement Officer I 3802 3959 4122 4284 4466
Parking Enforcement Officer II 4165 4342 4522 4704 4915 Parking Enforcement Officer III 4586 4771 4985 5189 5412 Phlebotomist 3929 4116 4306 4506 4715
Planner I 5731 5989 6276 6578 6893
Planner II 6217 6559 6879 7205 7550
Plans Examiner 6273 6557 6871 7208 7547
Plans and Permit Technician 5718 5985 6257 6564 6876
Police Data Transcriptionist 4588 4800 5023 5256 5503
Police Support Services Clerk 3808 3985 4168 4362 4563
Police Support Services
Technician 4181 4376 4579 4797 5022
Principal Account Clerk 4319 4522 4735 4953 5187
Procurement Specialist 5424 5683 5950 6234 6531
Program Compliance Officer 4638 4866 5104 5351 5612
Programmer/Analyst I 6054 6338 6638 6958 7285
Programmer/Analyst II 6633 6948 7279 7626 7995
Programmer/Analyst III 7281 7630 7997 8381 8787
Programmer/Analyst IV 7996 8386 8792 9210 9654
Property & Evidence Technician 4718 4939 5171 5415 5670 Property Specialist I 5606 5877 6154 6444 6755
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 93
TABLE I
SALARIES EFFECTIVE JUNE 16, 2025
CLASS TITLE A B C D E
Property Specialist II 6495 6805 7133 7472 7833
Radio Dispatcher 3985 4164 4338 4529 4715
Radio Frequency Network Eng I 6633 6948 7279 7626 7995
Radio Frequency Network Eng II 7281 7630 7997 8381 8787 Rangemaster/Armorer 5500 5761 6033 6324 6624
Real Estate Finance Specialist I 4545 4758 4974 5212 5458 Real Estate Finance Specialist II 5944 6224 6522 6829 7152 Recreation Specialist 4689 4905 5136 5378 5628
Retirement Counselor I 4318 4521 4734 4955 5187
Retirement Counselor II 4746 4967 5201 5447 5705
Safety and Training Specialist 5068 5314 5576 5847 6134 Senior Account Clerk 3935 4113 4302 4504 4716
Senior Administrative Clerk 3946 4129 4320 4521 4733
Senior Airports Public Safety
Agent 5225 5470 5726 5991 6276
Senior Animal Care Specialist 4279 4493 4717 4954 5201
Senior Animal Resource Officer 5225 5470 5726 5991 6276 Senior Animal Services Rep 4813 5028 5261 5508 5767
Senior Call Center Representative 4730 4958 5197 5449 5713 Senior Commercial Building
Inspector 7206 7551 7909 8289 8691
Senior Community Revitalization
Specialist 6541 6848 7167 7513 7877
Senior Community Services
Officer 5225 5470 5726 5991 6276
Senior Crime Scene Technician 5500 5761 6033 6324 6624
Senior Customer Services Clerk 4813 5028 5261 5508 5767 Senior Cybersecurity Analyst 7994 8384 8789 9208 9652
Senior Deputy City Clerk 4319 4518 4731 4953 5187
Senior Engineering Technician 5926 6207 6499 6810 7124
Senior Fire Prevention Inspector 6541 6848 7167 7513 7877 Senior Laboratory Technician 5782 6059 6348 6649 6966
Senior Network Systems
Specialist 7994 8384 8789 9208 9652
Senior Park Ranger 5225 5470 5726 5991 6276
Senior Plans Examiner 6890 7212 7548 7914 8299
Senior Procurement Specialist 5950 6234 6531 6844 7168
Senior Property & Evidence
Technician 5187 5432 5688 5953 6239
Senior Records Clerk 3935 4116 4307 4507 4715
Senior Secretary 4337 4539 4750 4969 5204
Senior Storeskeeper 4718 4939 5171 5415 5670
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 94
TABLE I
SALARIES EFFECTIVE JUNE 16, 2025
CLASS TITLE A B C D E
Senior Utility Service
Representative 4744 4966 5201 5445 5705
Senior Water Systems Telemetry
& Distributed Control Specialist 7994 8384 8789 9208 9652 Sr Radio Frequency Network Eng 7994 8384 8789 9208 9652 Staff Assistant 4337 4539 4750 4969 5204
Storeskeeper 4286 4487 4695 4915 5145
Survey Party Technician 5382 5645 5904 6180 6475
Tax/Permit Inspector 5075 5314 5557 5830 6105
Traffic Signal Operations
Specialist 7272 7618 7987 8367 8776
Transit Scheduler 7272 7618 7987 8367 8776
Tree Program Specialist 5365 5618 5889 6168 6461
Utility Service Representative I 3934 4115 4305 4506 4715 Utility Service Representative II 4318 4521 4731 4954 5186 Wastewater Reclamation
Coordinator 5606 5877 6154 6444 6755
Water Conservation
Representative 4059 4249 4446 4655 4875
Water Systems Telemetry &
Distributed Control Specialist 6620 6933 7265 7611 7977 MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 95
TABLE II
SALARIES EFFECTIVE DECEMBER 30, 2024
CLASS TITLE A B C D E
Account Clerk I 3075 3215 3359 3515 3683
Account Clerk II 3399 3555 3725 3893 4072
Accountant-Auditor I 4973 5201 5442 5706 5974
Accountant-Auditor II 5450 5702 5979 6263 6560
Accounting Technician 4103 4296 4498 4705 4928
Administrative Clerk I 2853 2986 3119 3262 3410
Administrative Clerk II 3410 3566 3729 3903 4082
Airports Credentialing Technician 3972 4157 4350 4557 4771 Airports Operations Officer I 4977 5222 5473 5747 6034
Airports Operations Officer II 5473 5747 6034 6336 6653 Animal Care Specialist I 3359 3528 3704 3889 4084
Animal Care Specialist II 3696 3881 4074 4278 4493
Animal Resource Officer I 4105 4292 4491 4699 4917
Animal Resource Officer II 4504 4713 4932 5166 5410
Animal Services Representative I 3429 3584 3747 3921 4105 Animal Services Representative II 3745 3919 4104 4290 4486 Associate Electrical Safety
Consultant I 6214 6509 6822 7144 7488
Associate Electrical Safety
Consultant II 6846 7174 7514 7875 8257
Associate Environmental & Safety
Consultant I 6214 6509 6822 7144 7488
Associate Environmental & Safety
Consultant II 6846 7174 7514 7875 8257
Associate Plumbing & Mechanical
Consultant I 6214 6509 6822 7144 7488
Associate Plumbing & Mechanical
Consultant II 6846 7174 7514 7875 8257
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 96
TABLE II
SALARIES EFFECTIVE DECEMBER 30, 2024
CLASS TITLE A B C D E
Billing System Specialist 4518 4731 4955 5178 5420
Budget Technician 4104 4293 4495 4706 4928
Building Inspector I 5681 5950 6232 6533 6841
Building Inspector II 6214 6509 6822 7144 7488
Building Inspector III 6846 7174 7514 7875 8257
Call Center Representative I 3745 3918 4111 4290 4487
Call Center Representative II 4117 4303 4502 4714 4934 Central Printing Clerk 3409 3565 3728 3903 4082
Chemist 5412 5674 5941 6226 6522
City Records Specialist 4090 4279 4479 4689 4913
Commercial Building Inspector 6214 6509 6822 7144 7488 Community Recreation Assistant 4145 4330 4510 4692 4896 Community Revitalization Specialist 5544 5810 6089 6421 6689 Community Revitalization
Technician 3857 4037 4224 4424 4632
Community Services Officer I 4105 4292 4491 4699 4917
Community Services Officer II 4504 4713 4932 5166 5410
Computer Systems Specialist I 5749 6015 6302 6605 6917 Computer Systems Specialist II 6302 6601 6915 7245 7596 Computer Systems Specialist III 6917 7249 7598 7962 8348 Construction Compliance Specialist 4753 4970 5208 5455 5710 Crime Scene Technician I 4550 4762 4987 5224 5472
Crime Scene Technician II 4987 5224 5472 5731 6007
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 97
TABLE II
SALARIES EFFECTIVE DECEMBER 30, 2024
CLASS TITLE A B C D E
Crime Specialist 5705 5975 6261 6560 6878
Customer Services Clerk I 3429 3584 3747 3921 4105
Customer Services Clerk II 3745 3919 4104 4290 4486
Cybersecurity Analyst 6917 7249 7598 7962 8348
Deputy City Clerk 3739 3912 4093 4284 4480
Development Services Coordinator 5817 6136 6435 6742 7065 Digital Forensics Analyst 7546 7926 8321 8737 9173
Emergency Services Call Taker 5100 5332 5529 5782 6026
Emergency Services Dispatcher I 5100 5332 5529 5782 6026 Emergency Services Dispatcher II 5519 5776 6050 6335 6626 Emergency Services Dispatcher III 6067 6345 6652 6936 7288 Engineer I 7223 7584 7963 8360 8779
Engineer II 8151 8560 8988 9437 9908
Engineering Aide I 3558 3716 3886 4067 4261
Engineering Aide II 4227 4426 4625 4840 5076
Engineering Inspector I 5686 5975 6244 6539 6856
Engineering Inspector II 6225 6518 6832 7159 7504
Engineering Technician I 4180 4375 4586 4790 5017
Engineering Technician II 5113 5363 5609 5871 6152
Environmental Control Officer 5338 5594 5852 6131 6419
Facilities Construction Specialist 5455 5708 5981 6265 6567 Fire Prevention Inspector I 4821 5047 5277 5536 5799
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 98
TABLE II
SALARIES EFFECTIVE DECEMBER 30, 2024
CLASS TITLE A B C D E
Fire Prevention Inspector II 5557 5810 6089 6388 6689
Fleet Operations Specialist 5098 5335 5593 5856 6138
Geographic Information System
(GIS) Specialist 6917 7249 7598 7962 8348
Geographic Information System
(GIS) Technician I 5745 6012 6297 6600 6912
Geographic Information System
(GIS) Technician II 6302 6599 6915 7245 7596
Graphics Technician 4485 4702 4929 5170 5422
Helicopter Pilot 6800 7131 7480 7847 8234
Housing Rehabilitation Specialist 5526 5795 6082 6380 6689 Industrial/Commercial Water
Conservation Representative 5347 5602 5862 6142 6432
Interpreter/Translator 5904 6229 6532 6844 7171
Laboratory Assistant 3733 3910 4091 4281 4479
Laboratory Technician I 4487 4698 4918 5147 5388
Laboratory Technician II 4928 5158 5401 5659 5929
Landscape Water Conservation
Specialist 5332 5586 5852 6129 6419
Law Office Assistant 4482 4702 4930 5170 5420
Network Systems Specialist 6917 7249 7598 7962 8348
PAR Program Specialist 3857 4037 4224 4424 4632
Paratransit Specialist 4108 4302 4505 4708 4928
Park Ranger I 4105 4292 4491 4699 4917
Park Ranger II 4504 4713 4932 5166 5410
Parking Enforcement Officer I 3612 3761 3916 4070 4243
Parking Enforcement Officer II 3957 4125 4296 4469 4669 MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 99
TABLE II
SALARIES EFFECTIVE DECEMBER 30, 2024
CLASS TITLE A B C D E
Parking Enforcement Officer III 4357 4533 4736 4930 5142 Phlebotomist 3733 3910 4091 4281 4479
Planner I 5445 5690 5962 6249 6549
Planner II 5906 6231 6535 6845 7173
Plans Examiner 5960 6229 6528 6848 7170
Plans and Permit Technician 5432 5686 5944 6236 6533
Police Data Transcriptionist 4359 4560 4772 4993 5228
Police Support Services Clerk 3618 3786 3960 4144 4335
Police Support Services Technician 3972 4157 4350 4557 4771 Principal Account Clerk 4103 4296 4498 4705 4928
Procurement Specialist 5153 5399 5653 5923 6205
Program Compliance Officer 4406 4623 4849 5084 5332
Programmer/Analyst I 5752 6021 6306 6610 6921
Programmer/Analyst II 6302 6601 6915 7245 7596
Programmer/Analyst III 6917 7249 7598 7962 8348
Programmer/Analyst IV 7597 7967 8353 8750 9172
Property & Evidence Technician 4482 4692 4913 5144 5387 Property Specialist I 5326 5583 5847 6122 6418
Property Specialist II 6171 6465 6777 7099 7442
Radio Dispatcher 3786 3956 4121 4303 4479
Radio Frequency (RF) Network
Engineer I 6302 6601 6915 7245 7596
Radio Frequency (RF) Network
Engineer II 6917 7249 7598 7962 8348
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 100
TABLE II
SALARIES EFFECTIVE DECEMBER 30, 2024
CLASS TITLE A B C D E
Rangemaster/Armorer 5225 5473 5732 6008 6293
Real Estate Finance Specialist I 4318 4520 4725 4952 5185 Real Estate Finance Specialist II 5647 5913 6196 6488 6795 Recreation Specialist 4455 4660 4879 5109 5347
Retirement Counselor I 4102 4295 4497 4707 4928
Retirement Counselor II 4509 4719 4941 5175 5420
Safety and Training Specialist 4815 5048 5297 5555 5828 Secretary 4120 4312 4513 4721 4944
Senior Account Clerk 3738 3907 4087 4279 4480
Senior Administrative Clerk 3749 3923 4104 4295 4496
Senior Animal Care Specialist 4065 4268 4481 4706 4941
Senior Animal Resource Officer 4964 5197 5440 5692 5962 Senior Animal Services
Representative 4572 4777 4998 5233 5479
Senior Call Center Representative 4494 4710 4937 5177 5428 Senior Commercial Building
Inspector 6846 7174 7514 7875 8257
Senior Community Revitalization
Specialist 6214 6506 6809 7138 7484
Senior Community Services Officer 4964 5197 5440 5692 5962 Senior Crime Scene Technician 5225 5473 5732 6008 6293
Senior Customer Services Clerk 4572 4777 4998 5233 5479 Senior Cybersecurity Analyst 7595 7965 8350 8748 9170
Senior Deputy City Clerk 4103 4292 4495 4705 4928
Senior Engineering Technician 5630 5897 6174 6470 6768
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 101
TABLE II
SALARIES EFFECTIVE DECEMBER 30, 2024
CLASS TITLE A B C D E
Senior Fire Prevention Inspector 6214 6506 6809 7138 7484 Senior Laboratory Technician 5493 5756 6031 6317 6618
Senior Network Systems Specialist 7595 7965 8350 8748 9170 Senior Park Ranger 4964 5197 5440 5692 5962
Senior Plans Examiner 6546 6852 7171 7519 7885
Senior Procurement Specialist 5653 5923 6205 6502 6810
Senior Property & Evidence
Technician 4928 5161 5404 5656 5927
Senior Radio Frequency (RF)
Network Engineer 7595 7965 8350 8748 9170
Senior Records Clerk 3738 3910 4092 4282 4479
Senior Secretary 4103 4292 4495 4705 4928
Senior Storeskeeper 4482 4692 4913 5144 5387
Senior Utility Service
Representative 4507 4718 4941 5173 5420
Senior Water Systems Telemetry &
Distributed Control Specialist 7595 7965 8350 8748 9170 Staff Assistant 4109 4302 4506 4709 4929
Storeskeeper 4072 4263 4460 4669 4888
Survey Party Technician 5113 5363 5609 5871 6152
Tax/Permit Inspector 4821 5048 5279 5539 5800
Traffic Signal Operations Specialist 6909 7238 7588 7949 8338 Transit Scheduler 6909 7238 7588 7949 8338
Tree Program Specialist 5097 5337 5595 5860 6138
Utility Service Representative I 3737 3909 4090 4281 4479 Utility Service Representative II 4102 4295 4495 4706 4927 Wastewater Reclamation
Coordinator 5326 5583 5847 6122 6418
Water Conservation Representative 3856 4037 4224 4422 4631 Water Systems Telemetry &
Distributed Control Specialist 6289 6587 6902 7231 7579
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 102
TABLE I
SALARIES EFFECTIVE OCTOBER 20, 2025
CLASS TITLE A B C D E
Account Clerk I 3237 3384 3536 3700 3877
Account Clerk II 3578 3742 3921 4098 4286
Accountant-Auditor I 5235 5475 5728 6006 6288
Accountant-Auditor II 5737 6002 6293 6592 6905
Accounting Technician 4319 4522 4735 4953 5187
Administrative Clerk I 3011 3143 3283 3434 3590
Administrative Clerk II 3590 3754 3925 4108 4297
Airports Credentialing
Technician 4181 4376 4579 4797 5022
Airports Operations Officer I 5239 5497 5761 6049 6351
Airports Operations Officer II 5761 6049 6351 6669 7003 Airports Public Safety Agent I 4321 4518 4727 4946 5176 Airports Public Safety Agent II 4741 4961 5191 5438 5695 Animal Care Specialist I 3536 3714 3899 4094 4299
Animal Care Specialist II 3891 4085 4288 4503 4729
Animal Resource Officer I 4321 4518 4727 4946 5176
Animal Resource Officer II 4741 4961 5191 5438 5695
Animal Services Rep I 3610 3773 3944 4127 4321
Animal Services Rep II 3942 4125 4320 4516 4722
Associate Electrical Safety
Consultant I 6541 6851 7181 7520 7882
Associate Electrical Safety
Consultant II 7206 7551 7909 8289 8691
Associate Environmental &
Safety Consultant I 6541 6851 7181 7520 7882
Associate Environmental &
Safety Consultant II 7206 7551 7909 8289 8691
Associate Plumbing &
Mechanical Consultant I 6541 6851 7181 7520 7882
Associate Plumbing &
Mechanical Consultant II 7206 7551 7909 8289 8691
Billing System Specialist 4756 4980 5216 5450 5705
Budget Technician 4320 4519 4731 4954 5187
Building Inspector I 5980 6263 6560 6876 7201
Building Inspector II 6541 6851 7181 7520 7882
Building Inspector III 7206 7551 7909 8289 8691
Call Center Representative I 3942 4124 4327 4516 4723
Call Center Representative II 4334 4529 4739 4962 5194
Central Printing Clerk 3588 3753 3924 4108 4297
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 103
TABLE I
SALARIES EFFECTIVE OCTOBER 20, 2025
CLASS TITLE A B C D E
Chemist 5697 5972 6253 6553 6865
City Records Specialist 4305 4504 4715 4936 5171
Commercial Building Inspector 6541 6851 7181 7520 7882
Community Recreation Assistant 4363 4558 4747 4939 5154 Community Revitalization
Specialist 5836 6116 6409 6759 7041
Community Revitalization
Technician 4060 4249 4446 4657 4876
Community Services Officer I 4321 4518 4727 4946 5176
Community Services Officer II 4741 4961 5191 5438 5695
Computer Systems Specialist I 6051 6331 6633 6952 7281
Computer Systems Specialist II 6633 6948 7279 7626 7995 Computer Systems Specialist III 7281 7630 7997 8381 8787 Construction Compliance
Specialist 5003 5231 5482 5742 6010
Crime Scene Technician I 4789 5013 5249 5499 5760
Crime Scene Technician II 5249 5499 5760 6032 6323
Crime Specialist 6005 6289 6590 6905 7240
Customer Services Clerk I 3610 3773 3944 4127 4321
Customer Services Clerk II 3942 4125 4320 4516 4722
Cybersecurity Analyst 7281 7630 7997 8381 8787
Deputy City Clerk 3936 4118 4308 4509 4716
Development Services
Coordinator 6123 6459 6773 7096 7436
Digital Forensics Analyst 7943 8343 8758 9196 9655
Emergency Services Call Taker 5368 5612 5820 6086 6343
Emergency Services Dispatcher I 5368 5612 5820 6086 6343 Emergency Services Dispatcher
II 5809 6080 6368 6668 6974
Emergency Services Dispatcher
III 6386 6679 7002 7301 7671
Engineer I 7603 7983 8382 8799 9240
Engineer II 8579 9010 9460 9933 10429
Engineering Aide I 3745 3912 4091 4281 4485
Engineering Aide II 4449 4659 4868 5095 5343
Engineering Inspector I 5985 6289 6572 6883 7216
Engineering Inspector II 6552 6861 7191 7535 7898
Engineering Technician I 4400 4605 4827 5042 5281
Engineering Technician II 5382 5645 5904 6180 6475
Environmental Control Officer 5619 5888 6160 6453 6756
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 104
TABLE I
SALARIES EFFECTIVE OCTOBER 20, 2025
CLASS TITLE A B C D E
Facilities Construction Specialist 5742 6008 6296 6594 6912 Fire Prevention Inspector I 5075 5312 5555 5827 6104
Fire Prevention Inspector II 5849 6116 6409 6724 7041
Firearms & Digital Forensics
Technician 5500 5761 6033 6324 6624
Fleet Operations Specialist 5366 5616 5887 6164 6461
Geographic Information System
(GIS) Specialist 7281 7630 7997 8381 8787
Geographic Information System
Tech I 6047 6328 6628 6947 7275
Geographic Information System
Tech II 6633 6946 7279 7626 7995
Graphics Technician 4721 4949 5188 5442 5707
Helicopter Pilot 7157 7506 7873 8259 8667
Housing Rehabilitation Specialist 5817 6100 6402 6715 7041 Industrial/Commercial Water
Conservation Representative 5628 5897 6170 6465 6770
Interpreter/Translator 6214 6557 6875 7204 7548
Laboratory Assistant 3929 4116 4306 4506 4715
Laboratory Technician I 4723 4945 5177 5418 5671
Laboratory Technician II 5187 5429 5685 5957 6241
Landscape Water Conservation
Specialist 5612 5880 6160 6451 6756
Law Office Assistant 4718 4949 5189 5442 5705
Network Systems Specialist 7281 7630 7997 8381 8787
PAR Program Specialist 4060 4249 4446 4657 4876
Paratransit Specialist 4324 4528 4742 4956 5187
Park Ranger I 4321 4518 4727 4946 5176
Park Ranger II 4741 4961 5191 5438 5695
Parking Enforcement Officer I 3802 3959 4122 4284 4466
Parking Enforcement Officer II 4165 4342 4522 4704 4915 Parking Enforcement Officer III 4586 4771 4985 5189 5412 Phlebotomist 3929 4116 4306 4506 4715
Planner I 5731 5989 6276 6578 6893
Planner II 6217 6559 6879 7205 7550
Plans Examiner 6273 6557 6871 7208 7547
Plans and Permit Technician 5718 5985 6257 6564 6876
Police Data Transcriptionist 4588 4800 5023 5256 5503
Police Support Services Clerk 3808 3985 4168 4362 4563
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 105
TABLE I
SALARIES EFFECTIVE OCTOBER 20, 2025
CLASS TITLE A B C D E
Police Support Services
Technician 4181 4376 4579 4797 5022
Principal Account Clerk 4319 4522 4735 4953 5187
Procurement Specialist 5424 5683 5950 6234 6531
Program Compliance Officer 4638 4866 5104 5351 5612
Programmer/Analyst I 6054 6338 6638 6958 7285
Programmer/Analyst II 6633 6948 7279 7626 7995
Programmer/Analyst III 7281 7630 7997 8381 8787
Programmer/Analyst IV 7996 8386 8792 9210 9654
Property & Evidence Technician 4718 4939 5171 5415 5670 Property Specialist I 5606 5877 6154 6444 6755
Property Specialist II 6495 6805 7133 7472 7833
Radio Dispatcher 3985 4164 4338 4529 4715
Radio Frequency Network Eng I 6633 6948 7279 7626 7995
Radio Frequency Network Eng II 7281 7630 7997 8381 8787 Rangemaster/Armorer 5500 5761 6033 6324 6624
Real Estate Finance Specialist I 4545 4758 4974 5212 5458 Real Estate Finance Specialist II 5944 6224 6522 6829 7152 Recreation Specialist 4689 4905 5136 5378 5628
Retirement Counselor I 4318 4521 4734 4955 5187
Retirement Counselor II 4746 4967 5201 5447 5705
Safety and Training Specialist 5068 5314 5576 5847 6134 Senior Account Clerk 3935 4113 4302 4504 4716
Senior Administrative Clerk 3946 4129 4320 4521 4733
Senior Airports Public Safety
Agent 5225 5470 5726 5991 6276
Senior Animal Care Specialist 4279 4493 4717 4954 5201
Senior Animal Resource Officer 5225 5470 5726 5991 6276 Senior Animal Services Rep 4813 5028 5261 5508 5767
Senior Call Center
Representative 4730 4958 5197 5449 5713
Senior Commercial Building
Inspector 7206 7551 7909 8289 8691
Senior Community Revitalization
Specialist 6541 6848 7167 7513 7877
Senior Community Services
Officer 5225 5470 5726 5991 6276
Senior Crime Scene Technician 5500 5761 6033 6324 6624
Senior Customer Services Clerk 4813 5028 5261 5508 5767 Senior Cybersecurity Analyst 7994 8384 8789 9208 9652
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 106
TABLE I
SALARIES EFFECTIVE OCTOBER 20, 2025
CLASS TITLE A B C D E
Senior Deputy City Clerk 4319 4518 4731 4953 5187
Senior Engineering Technician 5926 6207 6499 6810 7124
Senior Fire Prevention Inspector 6541 6848 7167 7513 7877 Senior Laboratory Technician 5782 6059 6348 6649 6966
Senior Network Systems
Specialist 7994 8384 8789 9208 9652
Senior Park Ranger 5225 5470 5726 5991 6276
Senior Plans Examiner 6890 7212 7548 7914 8299
Senior Procurement Specialist 5950 6234 6531 6844 7168
Senior Property & Evidence
Technician 5187 5432 5688 5953 6239
Senior Records Clerk 3935 4116 4307 4507 4715
Senior Secretary 4337 4539 4750 4969 5204
Senior Storeskeeper 4718 4939 5171 5415 5670
Senior Utility Service
Representative 4744 4966 5201 5445 5705
Senior Water Systems Telemetry
& Distributed Control Specialist 7994 8384 8789 9208 9652 Sr Radio Frequency Network Eng 7994 8384 8789 9208 9652 Staff Assistant 4337 4539 4750 4969 5204
Storeskeeper 4286 4487 4695 4915 5145
Survey Party Technician 5382 5645 5904 6180 6475
Tax/Permit Inspector 5075 5314 5557 5830 6105
Traffic Signal Operations
Specialist 7272 7618 7987 8367 8776
Transit Scheduler 7272 7618 7987 8367 8776
Tree Program Specialist 5365 5618 5889 6168 6461
Utility Service Representative I 3934 4115 4305 4506 4715 Utility Service Representative II 4318 4521 4731 4954 5186 Wastewater Reclamation
Coordinator 5606 5877 6154 6444 6755
Water Conservation
Representative 4059 4249 4446 4655 4875
Water Systems Telemetry &
Distributed Control Specialist 6620 6933 7265 7611 7977
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 107
FCEA LEAVE OF ABSENCE POLICY - Addendum I
GENERAL PROVISIONS
Employees shall complete an Employee Request for Leave of Absence Form Leave Request no less than 48 hours in advance of the leave. Such leaves shall be approved by the employee’s supervisor or departmental designee with due regard to the needs of the City and the desire of the employee. Emergency leaves or leaves that result from injury or illness that could not have been reasonably anticipated or predicted shall constitute an exception to the procedure mandating prior notice of the need for leave.
SICK LEAVE and Special LEAVE [for absences other than FMLA/CFRA related]
1. Members of this Unit shall not be subject to the provisions of Administrative Orders (AO) 2-19, 2-19.1 or 2-20, however,
a. Sick Leave and Special Leave shall be administered in accordance with the provisions of FMC Section 3-107.
b. The use of Sick Leave and Special Leave is a benefit provided to the employee under FMC Section 3- 107 and therefore is a privilege and not a right, and is intended to be used for the purposes consistent with California Labor Code Sections 233 and 246. It is the employee’s responsibility to ensure observance of the provisions of FMC Section 3-107.
c. Sick Leave shall be administered in accordance with the provisions of FMC Section 3- 107, Sick Leave and Special Leave. Sick Leave shall be accumulated at the rate of one working day for each completed calendar month of employment. Sick Leave shall accumulate during the probationary period but may not be used until the employee has completed ninety days of employment.
d. All other applicable provisions of the FMC shall apply.
2. The following requirements shall apply to the use of Sick Leave:
a. A supervisor may require a physician’s verification of illness for any employee who is absent from work for more than five (5) consecutive working days. Departments/Divisions may establish practices requiring employees to present medical verification regarding the employee’s ability to resume work after a medical absence.
b. Employee sick leave absences which exceed fifteen (15) calendar days shall require the employee to provide a physician’s statement to their department no later than three (3) calendar days following the 15- day
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 108
period. The physician’s statement shall verify the employee’s inability to work, the estimated period of further anticipated disability, and include a description of the employee’s limitations or restrictions which may be necessary for the Department/Division to consider reasonable accommodation. If the length of absence exceeds the stated estimated period of disability, a new physician’s statement must be provided to the department within three (3) calendar days following the expiration of the original estimated date of return.
c. If eligible, an employee must use accumulated Sick Leave before leave without pay for illness will be granted.
d. In the event of a work stoppage in the form of a sick out as identified by the City Manager, it shall be the policy and procedure of all supervisors to require a physician’s verification of all employees who claim to be ill or injured and request such leave. The City shall retain the discretion to allow or disallow paid Sick Leave and may request the employee to be examined by a physician of the City’s choosing. The physician’s verification shall identify the name and address of the doctor, the period(s) of employee incapacity to work, and the date(s) examined by the physician.
SPECIAL SICK LEAVE
1. Where Special Leave charged against Sick Leave accumulation is used during the hospitalization of a member of the immediate family, as outlined in FMC Section 3-107(d), verification by the attending physician that the member’s presence was required shall be presented to the Department/Division immediately upon return to work by the employee.
f. It is the department/division’s responsibility to ensure the implementation of FMC Section 3-107, and to take appropriate action when necessary as set forth in AO 2-14.
VACATION LEAVE
1. Vacation shall be accumulated and administered in accordance with FMC Section 3-108. The use of vacation is discretionary and must be approved by the appointing authority, or their designee, prior to the taking of the leave. Vacation Leave shall be approved by the employee’s supervisor or designated representative with due regard to the needs of the City and the desire of the employee. Emergency leaves or leaves that result from injury or illness that could not have been reasonably anticipated or predicted shall constitute an exception to the procedure mandating prior notice of the need for leave.
2. Employees who have an accumulated vacation balance, but have been denied the use of such leave by the appointing authority or designee, may be subject to Leave without Pay unless other leaves are available and approved.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 109
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 110
MILITARY LEAVE
Military Leave shall be administered in accordance with Administrative Order 2-19.
1. Section 3-111 of the Fresno Municipal Code states that every employee shall be entitled to military leave of absence as provided for in the Military and Veterans Code of California, Division 2, Part 1, Chapter 7.
2. The following requirements apply to military leave:
a. A completed City of Fresno “Request for Leave of Absence” form shall be submitted to, and signed by, the department director.
b. Formal active duty orders shall be attached to the form. Formal orders are those orders directed to the employee that state type of duty, reporting date, length of duty, duty station, and permanent order numbers, and that bear an authorized signature.
c. A military memorandum addressed “To Whom It May Concern” and signed by or for the commander, will allow an employee to commence military leave. However formal orders must be submitted within thirty days (30) after such leave is taken. Failure to so submit formal orders shall cause such leave to be converted to vacation leave, or to be taken without pay, unless extenuating circumstances cause the formal orders to be unavailable within the 30-day limit, and an explanatory letter signed by or for the comm ander is submitted to, and approved by the City Manager.
3. Ongoing resolutions provide continuing Salary Differential to City employees on active duty as a result of the ongoing Middle Eastern conflict. The employee is eligible to receive the difference between his/her City salary and Military pay as well as the continuation of Health and Welfare benefits upon submission of military orders and military pay statements.
4. For purposes of determining a public employee’s right to a paid military leave of absence, all prior military service will be counted as public agency service when calculating if the employee has been employed by the public agency for a minimum of one year at the time of taking the military leave. To provide documentation regarding this prior service, the employee must submit a Form DD 214, Certificate of Release or Discharge from Active Duty showing the dates of prior service.
5. Employees returning from active military leave will be allowed to commence a Leave without Pay for a period of time as specified by the Military and Veterans Code before resuming City employment.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 111
LEAVE OF ABSENCE WITHOUT PAY
Department directors are authorized to grant leave of absence without pay for periods of ten consecutive working days or less. Leave of absence without pay is otherwise administered in accordance with Section 3-104 of the Fresno Municipal Code. Employees exempt from overtime shall not be subject to deductions of Leave without Pay in increments of less than a work day or shift. Employees with medical restrictions may be placed on a part -time basis and will receive the pro- rated salary during the time of restriction.
OTHER TYPES OF LEAVES
All other types of leaves not specifically mentioned above will be administered according to the appropriate section under Article 1 of the Fresno Municipal Code, or pursuant to applicable provisions within the MOU.
UNAUTHORIZED ABSENCE AS RESIGNATION
In accordance with Fresno Municipal Code Section 3- 115, an employee who, without prior authorization, is absent or fails to discharge their regularly assigned duty for three consecutive days, or two shifts in the case of a member of the City fire-fighting force, shall be deemed to have resigned effective as of the end of the day on which he last performed any of the duties of the position. The employee shall not be deemed to have so resigned if he renews the performance of their regularly assigned duties at the commencement of their next regular working day or on-duty shift following the expiration of the aforementioned period of absence or failure to discharge duties. Upon written request of the employee, the appointing authority may reinstate the employee upon finding there is good cause for absence or failure to perform duties, such as bona fide illness, injury, or circumstances beyond the control of the employee, and that the employee is ready and able to resume discharge of their duties.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 112
FCEA ATTENDANCE POLICY - Addendum II
POLICY
A primary requirement for continued employment is regular and timely attendance. While the City recognizes some absences and tardiness may be unavoidable, City departments and the employees have an obligation to the public that demands regular and prompt attendance.
Although it is recognized that excessive absenteeism and tardiness is a proper reason for corrective action, it is the policy of the City to identify problem areas by keeping proper records, exploring avenues of available assistance, and encouraging compliance with attendance standards.
Statutorily protected leaves are outside the scope of this Attendance Policy.
It is the employee’s responsibility to observe the established rules and regulations and the terms of this M.O.U. in relation to attendance being tardy.
It is a supervisor’s responsibility to ensure the implementation of Administrative Order 2-14 (AO), Guide to Corrective Action, and the applicable provisions of the Fresno Municipal Code (FMC) and to take appropriate action when necessary.
DEFINITIONS AND PROCEDURES
1. An approved leave is defined as scheduled leave time prearranged, approved, and authorized. An approved leave must be documented by a Request for Leave of Absence Form submitted and approved Leave Request in the manner required by the Department and/or workgroup prior to commencement of the leave and signed by the employee and appropriate appointing authority.
2. An employee’s use of Sick and Special Leave shall be administered pursuant to “FCEA Leave of Absence Policy”, Addendum I Article VIII, Section O, of this M.O.U.
3. A tardy is defined as any failure to show up for work at the scheduled time. If you are going to be late for work, you must call your supervisor or their designated representative as soon as possible. Excessive tardiness for purposes of this shall be defined as three (3) or more tardies within a one-month period.
4. Absence without leave is defined as any employee who does not report to work in person or by telephone pursuant to the applicable provisions of the Fresno Municipal Code.
5. The City reserves the right to require an employee to report to work for the balance of the day on which tardiness occurs. Failure by the employee to report to work or
MOU between the City and FCEA 06/17/2024 – 06/15/2025 6/16/2025 – 12/27/2026 Page 113
remain at work for the balance of the day as directed by a supervisor or their designated representative, may be cause for corrective action, which may result in disciplinary action.
6. Excessive absenteeism shall be defined as more than 96 hours of Sick Leave used in a fiscal year, not approved in advance or covered under FMLA/CFRA. Excessive absenteeism shall be evaluated on a case-by-case basis.
DISCIPLINE LEVELS
1. Unauthorized absenteeism and eExcessive tardiness may subject an employee to corrective action as outlined in AO 2- 14, which may result in progressive disciplinary action should the behavior continue uncorrected.
2. Any employee who does not report to work in person or by telephone without a valid reason such as incapacitation, will be considered absent without leave, and subject to corrective action as outlined in AO 2 -14, which may result in disciplinary action.
3. Should a pattern of Sick Leave usage exist, which can be defined as more than twelve (12) occasions in any fiscal year of using one (1) or more days of Sick Leave that was not approved in advance nor covered under FMLA/CFRA, prior to/or after a holiday or other scheduled time off, prior to/or after the employee’s regularly scheduled days off, or consistently on the same day of the week, an employee may be subject to disciplinary action as outlined in AO 2-14.
43. All progressive discipline resulting from unauthorized or excessive absenteeism or excessive tardiness shall be reviewed by the Personnel Services Department prior to issuance.