City Council - Successor Agency - Housing Authority
July 18, 2023

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX

AGREEMENT

BETWEEN THE CITY OF FULLERTON AND

THE FULLERTON MUNICIPAL EMPLOYEES FEDERATION
FOR THE PERIOD JULY 1, 2021 2023 THROUGH JUNE 30, 2023 2027

ARTICLE 1: INTRODUCTION

This Agreement is made and entered into by the City of Fullerton (hereinafter referred to as the “City”) and the Fullerton Municipal Employees Federation (herein after referred to as the “Federation” “FMEF”). The Fullerton Municipal Employees FederationFMEF is the recognized majority representative of t he General Employee bar gaining unit (i.e., employees in classifications listed on Appendix A, hereinafter collectively referred to as affected employees).

Pursuant to City Council Resolution 5145 (which pertains to employer-employee relations) and California Government Code §3500, et seq., authorized representatives of the City and the Federation FMEF have met and conferred in good faith concerning compensation, hours and other terms and c onditions of employment of affected employees, and have reached an Agreement which shall be submitted to the City Council for approval. Following approval, it shall be implemented by action of the Council or City Manager by appropriate ordinances, resolutions, or other directives.

Therefore, the City and the Federation FMEF agree that upon approv al by the City Council, the compensation, hours and other terms and condi tions of employment for affected employees shall be as follows:

ARTICLE 2: MANAGEMENT RIGHTS

The City retains all rights of management incl uding but not limited to the exclusive right to determine the mission of its constituent departments, commissions and boards; to contract and subcontract; set standards of services; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficien cy of governmental operations; determine the methods, means and personnel by which gover nment operations are to be conducted; determine the content of job cl assifications; take all necessa ry actions to carry out its mission in emergencies; and exercise co mplete control and discretion over its organization and the technology of performing its work; provided, however, that the exercise of such City rights shall not conf lict with the express provisions of this Agreement.

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX
ARTICLE 3: PEACEFUL PERFORMANCE

The parties recognize the obligation of the a ffected employees to continue to faithfully perform their duties for the City in accordan ce with the highest professional standards.

No affected employee shall engage in, induce, or encourage any concerted action against the City including, but not limited to, strikes, work stoppages, slowdowns, speedups, “sick- ins”, “sick-outs”, or withholding of services to the City.

The Federation FMEF agrees that neither it , nor any of its officers or agents will call, institute, authorize, participate in, sanction, or ratify any concerted action against the City as specified above. In th e event of any concerted ac tion as enumerated above, the FederationFMEF, its officers, agents, and representatives shall do everything within their power to end or avert same.

ARTICLE 4: FEDERATIONFMEF – CITY MEETINGS

A. The City Manager and the Director of Human Resources shall meet with the FederationFMEF President and at least two FederationFMEF representatives on a semiannual basis. Other persons may attend these meetings if both parties consent. More frequent meetings may be held by mutual agreement.

B. The basic purpose of these meetings is to discuss issues of common interest and to solve mutual problems in a constructive fashion.

C. Grievances or disciplinary actions in progress may be discussed at these meetings only by mutual consent, and discussion of such topics does not preclude subsequent resolution via the grievance procedure.

D. Meet-and-confer subjects may be discussed by mutual consent, but this does not preclude exercise of further meet-and-confer options by either party.

ARTICLE 4.1: RECRUITMENT AND RETENTION WORKING GROUP

The Parties agree to meet quarterly in a Recruitment and Retent ion Working Group to discuss recruitment and retention strategies. The Parties acknowledge that this provision shall not constitute a formal reopener of this MOA.

ARTICLE 5: TERM - EFFECTIVE DATES

The term of this Agreement shall be from July 1, 2021 2023 to through June 30, 2023 2027.

The effective date of each Article is July 1, 2021 2023 unless otherwise stated herein.

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX

ARTICLE 6: MAINTENANCE OF EXISTING BENEFITS

Except as provided herein, all compensati on, hours and other terms and conditions of employment within the lawful scope of representation of the FederationFMEF presently enjoyed by affected employees shall remain in full force and effect during the term of this Agreement.

ARTICLE 7: SUCCESSOR AGREEMENT

Either party may initiate negotiations for a successor agreement by serving a written request to bargain on the other party no sooner than February 1, 2023 2027, but no later than April 30, 2023 2027. The parties agree to meet within the thirty days after receipt of an initial request to bargain.

ARTICLE 8: SEPARABILITY

If any part or provision of th is Agreement is rendered or declared invalid by any existing or subsequently enacted state or federal legislation, or by any decree of any court of competent jurisdiction, the remaining portions shall continue in full force and effect.

ARTICLE 9: CITY REVENUES

The FederationFMEF shall encourage its members to s hop in Fullerton in an effort to increase the revenue available to the City.

ARTICLE 10: REASONABLE TIME OFF TO MEET AND CONFER

The Federation FMEF may select no more than six employee members to attend scheduled meetings with the City on subjects within the scope of r epresentation during regular City Hall business hours without loss of compensation. None of these employee members shall be from the same budget division. The FederationFMEF shall, whenever practicable, submit the names of all such employee representatives to the City in writing at least two working days in advance of such meetings. It is further provided:

A. That no employee represent ative shall leave his/her duty or workstation or assignment without approval of his/her department head or other authorized City management official.

B. That any such meeting is subject to scheduling by City management in a manner consistent with operating needs and work schedules.

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX
Nothing provided herein, however, shall limit or restrict City management from scheduling such meetings before or after regul ar duty or work hours under appropriate circumstances.

ARTICLE 11: ACCESS TO WORK LOCATIONS

Officers of the FederationFMEF and their officially designated representatives shall be granted reasonable access to employee work locations for the pur pose of processing grievances or contacting members of the organization concerning business within the scope of representation. Such non-employee officers or representatives shall not enter any work location without the consent of the department head or the City Manager.

Access may be restricted so as not to in terfere 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 FederationFMEF, such as collecting dues, holding me mbership meetings, campaigning for office, conducting elections and distri buting literature, will not be permitted during working hours without prior approval by t he City Manager or designee. Such approval shall not be unreasonably withheld.

ARTICLE 12: USE OF CITY FACILITIES

A. The Federation FMEF may, with the prior approval of the City Manager or designee, use City facilities for meetings. All such requests shall be in writing and shall state the purposes of the meeting. The City rese rves the right to assess reasonable charges for the use of such facilities.

B. The use of City equipment other than items normally used in the conduct of business meetings (e.g., desks, chairs, an d writing boards) is strictly prohibited, the presence of such equipment in approved City facilities notwithstanding.

C. The FederationFMEF may, with the prior approval of the City Manager, continue to use the City mail and e-mail service for the distribution of a regularly published employee newsletter.

ARTICLE 13: USE OF BULLETIN BOARDS

The Federation FMEF may use portions of City bulle tin boards under the following conditions:

A. All materials must receive the approval of the Director of Human Resources or designee.

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX
B. All materials must be dated and must identify the Federation FMEF as the publisher.

C. The actual posting of materials will be done as soon as possi ble after they have been approved. Unless special arrangements are made, materials posted will be removed 31 days after the publication date.

D. The City reserves the right to determine where bulletin boards shall be placed and what portion of them is to be allocated to FederationFMEF materials.

ARTICLE 14: ALLOCATION OF CLASSES TO SALARY RANGES

A. The allocation of classes to salary ranges is contained in Appendix A.

B. The City shall extend the opportunity to meet concerning the pay level of new classifications no later than seven calendar days before Staff's recommendation is considered by the City Council. If the Federation FMEF does not accept this invitation within four calendar days, the opportunity to meet will be waived.

ARTICLE 15: BASE SALARY RATES

The schedule of base salary rates is contained in Appendix A.

Effective the first pay period after ratification and approval of this Agreement, the base salary rates shall be adjusted by an across-the-board increase of 5.25%. Base salary rates shall be adjusted by across-the-board increases according to the following schedule:

Eight percent (8%) base salary increase effective the first full pay period after July 18, 2023.

Four percent (4%) base salary increase e ffective the first full pay period after July 1, 2024.

Four percent (4%) base salary increase e ffective the first full pay period after July 1, 2025.

Three percent (3%) base salary increase e ffective the first full pay period after July 1, 2026.

ARTICLE 16: INCREMENT PAY

A. Shift Differential Pay

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX

1. Non-Library Employees

With the exception of Library pers onnel, an employee shall receive Shift Differential Pay in the amount shown if the requirements of the following schedule are met:

a. Swing Shift - 50% of the working Two and one-half percent hours per pay period are between (2.5%) of his/her base 3:00 p.m. and 11:00 p.m. salary rate

b. Graveyard Shift - 50% of the Five percent (5%) of
working hours per pay period his/her base salary rate
are between 11:00 p.m. and
7:00 a.m.

c. Non-Day Shift - when neither a. Two and one-half percent nor b. above apply, but 50% of (2.5%) of his/her base the working hours per pay period salary rate
occur in a combination of the Swing
and Graveyard shifts.

2. Library Employees

a. An eligible Library employee shall receive, in addition to regular pay, Shift Differential Pay equal to five percent (5%) of his/her base hourly rate for any hours work ed after 5:00 p.m., exc ept that no one shall receive shift differential solely because he/she is on an alternate work schedule and works after 5:00 p.m.

b. Library shift pay is a vest ed benefit for employees regularly appointed to any Library position effective on or before June 30, 1984 as well as for those regularly appoi nted to any full-time Library position after that date. A pers on regularly appointed to a Library position on less than a full-time basis effective on or after July 1, 1984 shall not be eligible for this benefit, except that if he/ she converts to full-time for a minimum of ten consecutive workdays, he/she shall be eligible to receive Library shift pa y for the duration of that full-time status.

B. Bilingual Pay

An employee shall be eligible to rece ive an additional $60 per pay period if the following conditions are met:

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX

1. The employee must on a frequent and recurring basis speak and/or translate by reading/writing one or more languages other than English in the performance of his/her public contact duties with the City.

2. The employee must pass a language ski lls test approved or administered by the City.

C. Night Emergency Response Pay

An employee permanently assigned to t he Night Emergency Response Unit shall receive an additional two and one-half percent ( 2.5%) of his/her base salary. An employee assigned to this Unit on an acting basis shall receive this additional pay beginning after 80 consecutive working hours of such assignment.

D. Special Class Driver’s License Pay

Effective the first full pay period afte r July 18, 2023, an employee who possesses a Valid California Commercial Class A or Class B driver’s license shall receive $50 per pay period. Eligibility for this S pecial Class Driver’s License Pay shall be contingent upon the employee participating in the City’s United States Department of Transportation (D.O.T.) testing pr ogram, and executing an agreement authorizing the repayment of any overpay ment of the Special Class Driver’s License Pay via payroll deduction.

ARTICLE 16.1: RETENTION PAY BONUS

Effective January 1, 2024 and through the remainder of the term of this MOA, the City shall provide a retention pay bonus in the form of a one-time gross lump sum payment when an employee achieves any of the following milestones of completed regular service with the City:

15 years: $3,000

20 years: $4,500

Effective on the pay date of January 12, 2024, eligible employees will receive the gross lump sum payment for the milestone that they most recently passed.

Subsequent retention pay bonus payments to FMEF members shall be made as soon as practicable based on confirmation by Human Resources that members have reached an eligible retention pay milestone.

This provision shall automatically expire at the end of the term of this MOA. The City shall no longer have an obligation to make re tention payments unle ss negotiated in a successor MOA.

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX

ARTICLE 17: OVERTIME PAY

A. FLSA exempt c Classifications which are exempt from the Fair Labor Standards Act (FLSA) are designated in Appendix A with an “X”. All other affected employees are designated non-exempt for purposes of the Fair Labor Standards Act (FLSA).

B. Work Period

For employees on the standard Traditional workweek, the FLSA work period shall be seven days in length commencing at 12:01 a.m. each Saturday. For employees on an alternate work schedule (e.g., a 9/ 80 work schedule), the City shall adjust the FLSA work period to ensure the employee’s regular schedule does not exceed 40 hours of work in any seven-day work period. (See Appendix C.)

C. Time Worked

In determining eligibility for overtime, pai d leaves of absence shall be regarded as time worked and shall be included in calc ulating the total hours worked. Paid leaves of absence include, but are not limited to the following:

1. Vacation 6. Workers’ Compensation Leave

2. Holiday Leave 7. Jury Duty

3. Sick Leave 8. Bereavement Leave

4. Administrative Leave 9. Military Leave

5. Compensatory Time off

In calculating hours actually worked for overtime purposes, the following time will be excluded:

1. Voluntary non-pay time

2. Leaves of absence without pay

3. Suspensions with and without pay

4. Standby Duty

There shall be no pyramiding of overtime . Hours worked by an employee in any workday, workweek or payroll period on which premium rates have once been allowed shall not be used again in any other overtime computation. For example, if an employee receives overtime compens ation for work performed in excess of the employee’s regularly scheduled workday, those hours paid at the overtime rate will not be counted in determining overti me compensation for hours in excess of 40 hours in a workweek.

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX
D. Payment - Non-Exempt Employees

1. Each non-exempt employee (includi ng those employed part-time) required to work in excess of 40 hours in a work period shall receive compensation at the premium rate of time and one-half his/her regular rate of pay for the excess hours, except that Police Depar tment employees shall be paid at the premium rate for work performed in excess of the employee’s regularly scheduled workday or regularly scheduled workweek.

2. The regular rate of pay shall incl ude those items of compensation required to be included under the FLSA, includi ng but not limited to the following types of pay in addition to base salary:

a. Increment Pay, as set forth in Article 16.

E. Payment-Exempt Employees

Each exempt employee required to work in excess of his/her regular work schedule in a work period shall be paid at his/her stra ight time base sala ry rate or receive compensatory time off at straight time for the excess hours.

F. Compensatory Time

Compensatory Time

Employees working overtime shall receive either pay or compensatory time at the department head’s discretion. Employees can accumulate up to 160 hours of compensatory time. Once an empl oyee has 160 hours of accumulated compensatory time, he/she cannot accumulate any additional compensatory time until his/her bank is below 160 hours.

Compensatory Time Usage

The time during which an employee ma y use accrued compensatory time is subject to approval by the department head or his/her designee with due regard for the wishes of the employee and the ne ed to provide service. However, an employee wishing to use his/her accrued compensatory time shall provide the City with reasonable notice of such request. If reasonable notice is provided, the employee’s request may not be denied unless it is unduly disruptive to the department to grant the request. A reques t to use compensatory time without reasonable notice may still be granted within the discreti on of the supervisor or manager responsible for considering the request.

Compensatory Time Payoff

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX
All compensatory time on the books at t he end of each payroll year shall be paid off unless used by the end of the followi ng March in accordance with established practice. In addition, compensatory time balances shall be paid in full prior to the effective date of any across-the-board sa lary increase. At the time an employee separates from employment, the employee will be cashed out of any accumulated compensatory time at their current regular rate of pay or their average regular rate of pay during their last th ree years of employment wit h the City, whichever is greater.

G. Authorization for Overtime

All overtime requests shall have the autho rization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorizati on must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. Dispatched calls beyond the end of duty time are considered as authorized.

An employee who performs overtime work without obtaining prior written approval or explicit verbal authorization followed by written authorization may be subject to discipline.

H. Clothes Changing

Employees are not authorized to wear t heir uniforms or any part thereof that is distinguishable as such unless on-duty. Employees may be provided with a locker for his/her own personal conveni ence. An employee may or may not utilize the locker for storage and changing purposes at his/her own discretion.

Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her residence to work.

Time spent in changing clothes before or after a shift, or during lunch, is not considered time worked and is not compensable in any manner whatsoever.

I. Shift Trades

The practice of shift trading shall be voluntary on behalf of each employee involved in the trade. The trade must be due to the employee’s desire or need to attend to a personal matter, and not due to the depa rtment's operations. The employee providing the trade shall not have his/her compensable hours increased as a result of the trade; nor shall the employee receiving the trade have his/her compensable hours decreased as a result of the trade. Neither employee involved shall be entitled to the other employee's increment pay, if any. Any hours worked beyond the normal work shift will be credited to the individual actually doing the work.

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX
“Paybacks” of shift trades are the obligation of the employees involved in the trade.

Paybacks are to be completed within one cal endar year of the date of the initial shift trade. Any dispute as to payba cks is to be resolved by the involved employees, and under no circumstances will the City be obligated for any further compensation whatsoever to any of th e involved employees. The City is not responsible in any manner for hours owed to employees by other employees who leave the employment of the City or are assigned other duties.

If one individual fails to appear for t he other, the person who has assumed responsibility for the duty assignment will either be charged with a paid leave of absence as appropriate or will be listed as absent without leave and may be subject to discipline.

J. Early Relief

The practice of early shift relief sha ll be voluntary on behalf of each employee involved in the relief. The employee providing the early relief shall not have his/her compensable hours increased as a result of the early relief; nor shall the employee relieved early have his/her compensable hours decreased as a result of the early relief. “Paybacks” of early relief hours are the sole obligation of the two employees involved in the early relief. Any dispute is to be resolved by the involved employees, and under no circumstances will the City be obligated for any further compensation whatsoever to any of th e involved employees. The City is not responsible in any manner for hours owed to employees by other employees who leave City employment or are assigned other duties.

K. Training Time

Training time outside normally scheduled work hours shall be compensated pursuant to applicable law.

L. Travel Time

Travel time outside normally scheduled work hours shall be compensated pursuant to applicable law.

M. Athletic Activity

The City provides a gym facility for the vo luntary use of certain employees during their off-duty hours. Time spent by employees in work ing out at the gym facility and any other off-duty athletic activity shall not be considered time worked and shall not be compensated in any manner.

N. Call-Back Pay

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX
Call-back duty occurs when an employee is ordered to return to duty on a non- regularly scheduled work shift. Call-ba ck does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift. Call-back duty does not apply to prescheduled work during employee’s regular time off.

1. When required to return to work on other than a regular work schedule, employees (except as noted in Secti on 3 below) shall be compensated at the overtime rate or in compensatory time, as determined by the employee as follows:

a. If the actual hours worked after reporting to the place of duty is 2.67 or less, the employee shall be credited with a minimum of 2.67 hours.

b. If the actual hours worked, after r eporting to the place of duty, is more than 2.67 hours the employ ee shall be credited for all actual time worked.

c. The employee shall be compensated for all travel time to the location of the call-back duty beginning from the time the employee leaves his/her home or other location up through the time the employee arrives at the site of the call-back duty. Travel time from the location of the call-back duty back to the employee’s home or other non-work location shall not be compensated.

2. An employee shall be credited with not more than one minimum 2.67 hour guarantee for work performed during any four consecutive hour period.

3. Police Department empl oyees shall receive call-back pay in cash, at the time and one-half rate, with a two-hour minimum.

4. Call-back pay shall apply regardle ss of the number of hours worked by the employee in the affected work period. Call-back pay shall not be granted to employees who continue on duty for their regular work shift.

This provision is to be distinguished from “Court Appearance” pay in subparagraph Q, which is to be used when an employee is called back to court.

O. Standby Pay

An employee assigned to standby duty during the employee’s regular time off shall be compensated in the following manner:

1. 1.5 hours straight time for weekdays from end of regular shift to start of next regular shift or any part thereof.

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Resolution No. 2022 2023-30XX

2. 3 hours straight time for Saturday, S unday or Holiday, 7:00 a.m. - 7:00 a.m. or any part thereof.

Standby duty requires the employee to:

1. Leave a telephone number wher e he/she can be contacted;

2. Answer his/her telephone when it rings;

3. Be ready to respond immediately to calls for service;

4. Respond immediately when called;

5. Remain within a reasonable commuting distance from the workstation; and

6. Refrain from activities which might impair his/her ability to respond or perform assigned duties in a satisfactory manner.

The City will provide cellphones and will make standby assignments voluntary when possible.

P. Court Standby Pay

An off-duty employee may leave a telephone number where he/she may be reached while on court standby. Such time is not considered time worked under the FLSA and will not be compensated, except as set forth below:

An employee who is required by the City, or other lawful autho rity, to remain on “standby” while otherwise off duty pursuant to a lawful subpoena relating to events occurring during the course and scope of his/her employment, shall be paid therefore based upon an hourly rate equal to the then-current minimum wage as established by the FLSA. Effective De cember 2, 2006, th is amount shall be increased by $.50 per hour. In the event any such employee is required to appear in court at a time when he/she has been in such “standby” status, and actually does appear in court while otherwise off duty on that day, the employee shall not receive Court Standby Pay but shall be entitled to Court Appearance Pay for such actual attendance in court while off dut y. The court meal period shall be considered time worked for purposes of this paragraph only if the employee is on standby from the morning court session to the afternoon court session.

This payment is made pursuant to this Agreement, not pursuant to the FLSA. Time compensated in the above manner shall not constitute time worked for purposes of the FLSA. Police Depar tment employees do not have the option of taking compensatory time off for court standby.

Q. Court Appearance Pay
Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX

For court appearances while off-duty pursuant to a lawful subpoena relating to events occurring during the course and scope of an employee’s employment, an employee shall be credited on an hour-for-hour basis for the time actually spent in court.

An employee shall be credited with a minimum of two hours for the court appearance. Where two or more court appearances ar e required on the same date for different cases and are separated by a period of at least two hours, a two- hour minimum payment shall apply to eac h such court appearance. The court meal period shall not be considered time worked for purposes of this paragraph unless the court is actually in session during the meal period. Travel time shall not be considered time worked and shal l not be compensated in any manner whatsoever, except that Police Department employees shall be paid for travel time for cases involving all civil subpoenas and criminal appearances outside of Orange County.

Police Department employees do not have the option of taking compensatory time off for court appearances.

R. Facility Dog Handler Assignment

The Facility Dog Handler shall be compensated at the rate of 30 minutes for each calendar day for the care, feeding, grooming, exercise, training and companionship of his/her assigned dog. The compensation shall be in the form of a workday reduced by 30 minutes at t he beginning or end of the shift, as determined by the City. For example, a Fac ility Dog Handler who works a 4/10 schedule will work four shifts of 9.5 hours each per week and, when used, paid leave for said employee will be charged at the rate of 9.5 hours per shift. On non-workdays, dog handlers shall be paid for 30 minutes of time for the care, feeding, grooming, exercise, training and companionship of hi s/her assigned dog at a rate equal to two/thirds (2/3) of his/her regular rate of pay. This payment shall be made at time and one-half. If the FLSA is invalidated, set aside or otherwise held inapplicable to local governments, the overtime pr ovisions contained in the paragraph above shall be null and void. Employees assign ed to Facility Dog duty shall not be compensated in any manner whatsoever for time spent traveling to and from work because they have been provided a City vehicle.

ARTICLE 18: ACTING PAY

The pay provisions of the Cit y’s Acting Pay program (contained in Resolution 8485) are modified for FMEF employees as follows: to provide that an employee 1) shall receive Acting Pay beginning at the st art of the first full shift following 80 consecutive hours actually worked (not paid leave) of an Acting assignment, and 2) shall be paid for all time served in a subsequent Acting position if t he employee has received Acting Pay for the Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX
same temporary classification within the preceding 12 months, and there are at least 40 consecutive hours actually worked (not paid leave) in the second Acting assignment.

1. An employee in an acting assignment s hall receive Acting Pay in the form of one additional step in the salary range of the employee’s regular classification or that same step of the salary range of the classification of the acting assignment, which ever amount is higher.

2. Acting Pay shall begin at the start of the first full shift following 80 consecutive hours actually worked in an acting assignment.

3. Acting Pay shall be paid for all time se rved in a subsequent acting assignment if the employee has received acting pay in that same classification within the preceding 12 months, and the employee has worked at least 40 consecutive hours in the subsequent acting assignment.

4. An acting assignment in a classifica tion represented by anot her bargaining unit other than the FMEF shall not otherwise impact any benefits to which the employee is entitled to under this MOA.

5. While in an acting assignment, an employee will continue to accrue and have recorded, general, special, or normal salary step in creases in the employee’s regular classification. However, such increases will be paid only to maintain at least a five percent (5%) differential abov e the salary to which an employee is entitled to in their regular classification.

6. The Acting Pay rate shall be applied to all hours worked in the acting assignment, including Standby Pay.

ARTICLE 19: EXCEPTIONAL PERFORMANCE PAY

All affected employees are eligible for the City’s Exceptional Performance Pay program, as set forth in Appendix B.

ARTICLE 20: TUITION REIMBURSEMENT

A. Objective

The tuition reimbursement program is designed to encourage employees to continue their self-development by enrolling in approved classroom courses which will:

1. Educate them in new concepts and me thods in their occupational field and prepare them to meet the changing demands of their job.

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2. Help prepare them for advancement to positions of greater responsibility with the City.

B. General Guidelines

The Director of Human Resources or his/her appointed representative shall:

1. Review written pre-enrollment app lications submitted by employees through their department heads and render a decision within 60 days of receipt thereof by Human Resources.

2. Consult with department heads and school authorities on the development and establishment of crit eria and standards to determine the acceptability of majors, courses and expenditures which will qualify the employee for tuition reimbursement.

3. Render a decision on tuition re imbursement request forms within 60 days of receipt by Human Resources.

C. Eligibility

1. All regularly appointed employees w ho have passed their initial probation period are eligible to receive tuit ion reimbursement. Courses must commence after the employee passes t he initial probation period; be in excess of the educational standards for the classification (as noted in the class specification); and not be taken to acquire skills, knowledge and abilities which the employee was deemed to have when appointed to the classification. An example of this would be job-related college or university courses when the specification for t he classification calls for high school graduation.

2. Courses must be (except where noted below in paragraphs (C)(6) and (C)(7)) approved by one of the regional accreditation associations recognized by the Council for Higher Education Accreditation (CHEA).

Credits given for non-classroom assi gnments such as life experience, military training, and professional training are not reimbursable.

3. Courses must be: 1) related to the employee’s current occupation; 2) related to a City classification to which the employee may reasonably expect promotion within five years of completi on of his/her educat ional objective; or 3) required for the completion of the pre-approved job-related major. An example of the third requirement would be general education or elective requirements for the major as stated in the school catalog.

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Resolution No. 2022 2023-30XX

4. Courses shall not duplicate training which the employee has already had or which is to be provided in-house unl ess approval has been granted by the department head and the Human Resources Department.

5. Completed engineering review courses taken at accredited institutions for which an academic grade or units of academic credit are not given are eligible for reimbursement. These c ourses must prepare candidates for a certificate, license or registration i ssued by the California Board of Registration for Professional Engineer s. The employee must receive the certificate or license from this Board to be eligible for reimbursement, which will be granted for a maximum of two c ourses per certificate, license or registration.

6. Courses needed to maintain or leadi ng to a City-approved certificate, license or registration are eligible for reimbursement, as are any examination fees required to successfully maintain or obtain the certificate, license or registration. Reimbursement for eligible expenses will be made after obtaining or proof of renewal of the license, certificate or registration.

7. Courses related to the use of City-approved com puter equipment purchased by the employee ma y be authorized under the tuition reimbursement program.

8. Courses cannot be taken on City time. The employee must certify that all courses submitted for approval were taken on his/her off-duty time.

9. To certify eligibility, a fully comp leted pre-approval form shall be submitted to the department head and to Human Resources before the course begins.

D. Reimbursement

1. A tuition reimbursement request fo rm must be submitted within three months of the completion of the approved course(s). A minimum final grade of “C” or its equivalent is required for reimbursement. A pass in a pass/fail course will be considered equivalent to a “C” for reimbursement purposes only. No reimbursement shall be made for audited or incomplete courses.

2. Employees shall be reimbursed for tuition and any fees and reading materials required by the academic instit ution for the eligible course(s).

Expenses for parking, travel, lodging, meals, transcript fees, materials and any other costs are not reimbursable.

3. Employees shall be reimbursed up to the dollar amount charged for the same number of units per term by California State University, Fullerton, with a maximum of $2,500 per fiscal year fo r courses taken during that fiscal year. The difference between the Cit y’s maximum obligation during any Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX
fiscal year and the total amount of ac tual reimbursement received by the employee during that fiscal year shall not be carried over or be available for use by the employee in any subsequent fiscal year.

4. Employees must submit a bona fide ce rtification of major, fees paid and grade achieved from the attendant institution in order to have their request for reimbursement considered. T hese documents must accompany the reimbursement request form in order to be processed.

5. Upon separation from employment, em ployees shall reimburse the City for any funds received under this program for courses completed during the last 12 months of employment. Th is payback provision does not apply to employees who receive a service or di sability retirement (as defined in Article 27(B)), who are laid off by the City, or who separate as a result of a City/departmental reorganization.

ARTICLE 21: UNIFORMS

A. Police Employees

1. For Police employees required to wear and maintain uniforms, the City shall determine and provide the “first issue” of uniforms upon initial appointment, as well as a biweekly allowance of $17.32.

2. Employees shall return to the City the same amount of uniforms initially received when they separate from the City.

B. Field Maintenance Employees

1. Field Maintenance employees who ar e required to wear a City uniform on the job shall be eligible to receive six sets of the shirt/pant uniforms from the City for wear on the job and to and fr om the job. Employees shall be responsible for laundering such uniforms.

2. Employees in the classifications listed here shall have the option of choosing eleven sets of the shirt/pant uniform or eleven sets of cloth coveralls. The City will provide laundr y services for either option. An employee who wears a City T-shirt shall be responsible for laundering such shirts.

Equipment Mechanic Lead Worker
Equipment Service Worker
Fleet Maintenance Technician
Mechanic I, II, III

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3. The Director of Public Works ma y issue cloth coveralls on an as-needed basis to other maintenance employees fo r their occasional daily use. The City will launder coveralls used under such circumstances.

C. Work Boots

1. City-approved work boots shall be worn by field employees of the Airport and Public Works Department/Maintenance Services division, each of whom shall receive $7.70 $9.62 biweekly toward the purchase thereof.

Effective the first pay period afte r ratification and approval of this Agreement, the biweekly rate will increase to $9.62.

2. Each Building Inspector Trainee, I, II, and III, Construction Inspector, Construction Inspector – Water, and Housing and Community Rehabilitation Inspector shall wear City-approved work boots. The City may make exceptions to this rule for employees who request it for bona fide safety or medical reasons. Such dec isions shall be made annually. Said employees shall receive $7.70 $9.62 biweekly toward the purchase thereof.

Effective the first pay period afte r ratification and approval of this Agreement, the biweekly rate will increase to $9.62.

3. If steel-toed work boots are required for the employee’s assignment, they shall comply with Cal-OSHA General Industry Safety orders Orders, Section 2285 3385 , and American National Safety Standard (ANSI) Z 41 1991 Society for Testing and Materials (ASTM) F 2412-18 and ASTM F 2413- X18.

If steel-toed work boots are not requir ed for the employee’s assignment, they shall be of a style and constr uction approved by the City for the assigned duties.

4. The City may determine which, if any, positions should receive an additional allowance.

D. The City may, at its sole discretion, convert the existing uniform purchase and allowance program to an al ternative program such as , but not limited to, the provision of all uniforms or a vouc her system. The uni form purchase and allowance program shall cont inue on a pro-rata basis until the effective date of such change.

ARTICLE 22: TOOL ALLOWANCES / REIMBURSEMENTS

A. Allowances

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Employees in the classifications listed bel ow shall receive an allowance for tools used in the course of City employment in accordance with directives established by the City.

Payment shall be made in the following biweekly amounts:
$20.00 - Equipment Mechanic Lead Worker, Mechanic III, and Mechanic II. $13.50 - Mechanic I
$ 7.00 - Equipment Service Worker

B. Reimbursements

Employees in the classifications listed below shall be reimbursed up to $20 per biweekly pay period for the cost of tools broken or damaged in the course of City employment:

Electrician
Maintenance Electrician
Electrical and HVAC Lead Worker

ARTICLE 23: SURVEYS

In determining what is adequate compensation, the parties shall use as a guideline the compensation provided to comparable employ ees in the following jurisdictions or any other jurisdictions deemed appropriate: A naheim, Buena Park, Costa Mesa, Garden Grove, Huntington Beach, Newport Beach, Orange and Santa Ana.

ARTICLE 24:

CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CalPERS)

A. The City’s contract with CalPERS fo r affected employees shall include the following options:

1. One-Year Highest Compensation (C al. Gov. Code §20042) for employees hired by the City on or before December 22, 2012. For all other employees, including “new members” as defined by the Public Employees’ Pension Reform Act of 2013 (PEPRA), the final compensation is calculated based on the average of their highest paid 36 consecutive months.

2. Post-Retirement Survivor Allo wance (Cal. Gov. Code §§21624, 21626).

3. Fourth Level of 1959 Survivor Benefits (Cal. Gov. Code §21574).

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4. Military Service Credit as Public Service (Cal. Gov. Code §21024), in which the employee pays the entire cost.

5. 2% @ 55 – Full Formula (Cal. Gov. Code §21354) for employees who are not “new members” as defined by PEPRA. 2% @ 62 formula (Cal. Gov.

Code §7522.20) for employees who ar e “new members” as defined by PEPRA.

6. Pre-Retirement Optional Settlement 2 Death Benefit (Cal. Gov. Code §21548).

7. Credit for Unused Sick Leave (Cal. Gov. Code §20965). An employee who retires on or after October 1, 2011 who is not eligible for benefits under Article 38(F) Payment for Unused Sick Leave upon Separation shall receive additional service credit for his/her unused sick leave upon retirement from the City, converted per the terms of the CalPERS contract.

B. Employer-Paid Member Contributions (EPMC) – Employees Who Are Not “New Members”

For employees who are not “new members” as defined by PEPRA, the City shall pay the CalPERS normal member cont ribution (as defined in §20677 of the California Government Code) into eac h employee's CalPERS account, pursuant to §20691 of the California Government Code. This payment will be included within the employee’s compensation earnable that is reported to CalPERS, pursuant to §20636(c)(4) of the California Government Code.

1. Effective the first full pay period that includes July 1, 2024, whichever date is later, the City’s EPMC contribution shall be reduced by one and one-half percent (1.5%), with one and one-half percent (1.5%) of the normal member contribution paid by the employee.

2. Effective the first full pay period that includes July 1, 2025 the City’s EPMC contribution shall be reduced by an additional one and one-half percent (1.5%), with three percent (3.0%) of the normal member contribution paid by the employee.

3. Effective the first full pay period that includes July 1, 2026 the City’s EPMC contribution shall be reduced by an additional two percent (2.0%), with five percent (5.0%) of the normal member contribution paid by the employee.

4. Effective the first full pay period that includes January 1, 2027 the City’s EPMC contribution shall be reduced by an additional two percent (2.0%), with seven percent (7.0%) of the norma l member contribution paid by the employee.

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This employer-paid member contribution EPMC shall not be considered base salary, and is not taxable income, pursuant to §414(h)(2) of the Internal Revenue Code. However, should any state or f ederal agency alter the current income tax treatment of such payment , the consequences of such action shall be the sole responsibility of the affected employees, and shall in no way alter any obligation of the City toward such employees.

“New members” as defined by PEPRA are not eligible for this benefit.

C. Employee Cost Sharing of Employer Contribution Rate – Employees Who Are Not “New Members”

Effective October 29, 2011, employees who are not “new members” as defined by PEPRA shall contribute seven percent ( 7%) of their compens ation earnable (as defined in Government Code §20636) toward the employer contribution rate (“cost- sharing”). Effective December 23, 2012, the City amended its contract with CalPERS to implement the provisions of California Government Code 20516(a) to provide that a portion of the seven percent ( 7%) contribution shall be made pursuant to Government Code Secti on §20516(a), with t he balance of the seven percent (7%) contribution made pursuant to Government Code Section §20516(f).

In the event of a change in the law or legal determinat ion that any portion of the seven percent ( 7%) employee contribution toward the employer rate is not allowable as agreed, the employer-paid member contributions shall be reduced by whatever portion is not allowable and t he parties shall meet and confer to determine the appropriate modifications of benefits to offset this change.

1. Effective the first full pay period that includes July 1, 2024, the Employee cost-sharing contribution shall be reduced by one and one-half percent (1.5%).

2. Effective the first full pay period that includes July 1, 2025, the Employee cost-sharing contribution shall be reduced by an additional one and one-half percent (1.5%), for a total of three percent (3.0%).

3. Effective the first full pay period that includes July 1, 2026, the Employee cost-sharing contribution shall be reduced by an additional two percent (2.0%), for a total of five percent (5.0%).

4. Effective the first full pay peri od that includes January 1, 2027, the Employee cost-sharing cont ribution shall be reduc ed by an additional two percent (2.0%), for a total of seven percent (7.0%).

It is further provided that should legi slation be enacted that requires employees pay any portion of the required member contribution, then the City shall take whatever action is necessary to reduce the amount of the employee pick-up of the employer contribution by the amount of the required payment by the employee of the member contribution.

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ARTICLE 25: SOCIAL SECURITY

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

ARTICLE 26: MEDICARE

Employees hired by the City on or after April 1, 1986 shall pay the designated employee contribution to participate in the Medi care Program and the City shall be under no obligation to pay or “pick up” any such contributions.

ARTICLE 27: HEALTH INSURANCE

A. City Contributions - Employees

1. The City shall contribute the follo wing monthly amounts toward the payment of premiums for employees and their dependents under the existing programs (or a new program providing substantially similar coverage and benefits mutually agreed upon between the City and the FederationFMEF):

For employees enrolled in the Kaiser HMO plan:

Single $460
Two-Party $920
Family $1,300

For employees hired on or after June 29, 1996 enrolled in the HSA PPO plan:

Single $460
Two-Party $920
Family $1,300

For employees enrolled in CIGNA HMO plans and employees hired before June 9, 1996 enrolled in the HSA PPO plan:

Single $500
Two-Party $1,050
Family $1,500

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Any increases to these monthly contri butions shall be subject to future negotiations.

2. If at any time during the term of th is agreement, it is determined that the City’s contribution toward medical in surance is less than required for minimum affordable coverage under the Affordable Care Act, the City shall, at its own discretion, increase any contribution by the amount necessary to meet the affordability requirements.

B. City Contributions - Retirees

For each person regularly employed for 20 cu mulative calendar years or more who retires from the City subsequent to September 30, 1995 the City shall pay the same contribution provided to active employ ees for employee-only coverage under the City health plan chosen by the retiree, provided, however, for persons hired by the City on or after January 1, 2012, the maximum monthly contribution paid under this paragraph shall be Two Hundred Dollar s ($200.00). With respect to any such employee who retired between June 28, 1986 and September 30, 1995 the City shall pay 100% of the employee-only premium.

For each person regularly employed for ten or more cumulative calendar years but less than 20, and who retires subsequent to September 30, 1995 the City shall pay 50% of the contribution provided to active employees for employee-only coverage under the City health plan chosen by the retiree, provided, however, for persons hired by the City on or after January 1, 2012, the maximum monthly contribution paid under this paragraph shall be One Hu ndred Dollars ($100.00). With respect to any such employee who retired between June 28, 1986 and September 30, 1995 the City shall pay 50% of the employee-only premium.

A “retiree” shall mean only those fo rmer employees who receive a CalPERS retirement allowance that has been in effect since the day after official separation from City of Fullerton employment.

This obligation to pay health insurance premiums shall end at such time as the retiree reaches age 65 or becomes eligible to enroll, automatically or voluntarily, in Medi-Cal or Medicare, whichever occurs first. Prior to such time, this obligation shall be suspended for any period during which the retiree is receiving or is eligible to receive similar health insurance cove rage at the expense of another employer (either public or private). The City shal l have the right to require any retiree covered by this paragraph to certify annually that he /she is not receiving nor is eligible to receive any such paid health insurance benefits from another employer.

A retiree desiring to have health insurance coverage for dependents shall remit to the City a check for the am ount of dependent coverage no later than the 15th of the month preceding the effective month of coverage.

C. Opt-Out
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1. An employee may “opt-out” of t he City's medical plan under these conditions:

a. The employee is not receiving Medicare or Medi-Cal.

b. The employee must sign a document stating his/her desire to waive medical insurance.

c. The employee must provide proof of other group health insurance coverage that is compliant with the Affordable Care Act, which shall be confirmed by the City each year prior to open enrollment.

d. The employee may only re-enr oll during 1) annual open enrollment, or 2) upon loss of coverage in accordance with the underwriting guidelines for each of the City's health plans.

2. Payment

a. Full-time employees shall rece ive a cash payment of $50 per pay period.
b. Part-time employees shall receive a cash payment as follows:

Cumulative Hours Worked Payment Per Pay Period
< 3,120 $0
≥ 3,120 $30.00

D. Flex Credit Program

The City will implement a “flex credit” credit contribution in the amount of $50 per month paid in $25 increments for the first two pay periods of each month beginning January 2021. These “flex credits” shall be paid through a revised Section 125 Plan. The City and the FMEF will meet and agree regarding the scope of the Section 125 Plan options for employee use of the “flex credits.”

For those employees enrolled in the City’s medical program, the City will implement a “flex credit” contribution in the amount of $50 per month paid in $25 increments for the first two pay periods of each month. These “flex credits” shall be paid through a revised Section 125 Plan.

Effective January 1, 2024 (implemented on the second pay date in the prior December), the City will increase the flex benefit contribution for those employees enrolled in the City’s medical program by an additional $300 (a total of $350 per month) paid in $175 increments for the first two pay periods of each month.

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Further, effective January 1, 2025, the “flex credits” for those enrolled in the City’s medical program shall be provided in three tiers based on their particular enrollment: Employee, Employee + 1, or Family. The “flex credits” will be adjusted annually in the amount of 50% of the premium increase for each applicable tier in the Kaiser HMO plan. If the premium goes down, there shall be no adjustment to the flex credits for that year.

Flex credits may be appli ed to the City’s health insu rance, dental, and vision premiums. Flex credits shall be applied in the following order: health insurance (first); dental insurance (second), and vision insurance (third). Any remaining flex credits after application to the City’s health, dental, and vision premiums shall be forfeited.

For those employees who are not enrolled in City’s medical plan, they shall receive a contribution to a Flexible Spending Account (“FSA”) in the amount of $50 per month paid in $25 increments for the firs t two pay periods of each month (see Article 28).

The flex credits afforded under Article 27( D) shall in no way impact the City’s separate obligation to provide a medical contribution to retirees under Article 27(B).

The provision of flex credits to active employees under Article 27(D) does not constitute a “contribution” owed to retirees under Article 27(B).

If the City transitions to obtaining medical benefits through CalPERS during the term of this MOA, the parties will reopen Ar ticle 27 to meet and confer over flex credits and City medical contributions.

E. Voluntary Benefits Plan

Effective April 1, 2020, or as soon thereafter as practical, the City willThe City has implemented a voluntary benefits plan through The Standard Insurance Company.

Employees may opt in to plans provid ing supplemental benefits for Accident, Hospital and Critical Illness covered incidents. Premiums for employee selections shall be deducted from the employee’s pay on a post-tax basis.

ARTICLE 28: REIMBURSEMENT FLEXIBLE SPENDING ACCOUNT PROGRAM

The City’s Reimbursement Flexible Spending Account (FSA) Program shall be made available to affected employees.

Pursuant to said program, an employee may request that eligible expenses be paid or reimbursed by the City out of his/her account, with the employee’s base salary being reduced by the amount of any such payments or reimbursements.

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Each employee with a payroll deduction for medical and dental insurance premiums shall have his/her salary reduced by the amount of those deductions, on a before-tax basis.

ARTICLE 29: LONG-TERM DISABILITY INSURANCE

A. The City shall pay 100% of the premium for a Cit y-owned Long-Term Disability insurance policy affording coverage to each active employee.

B. The policy shall have an elimination per iod of 55 calendar days of continuous disability. Anytime after the expiration of the elimination period, the employee may apply for Long-Term Disability insurance or may continue to use accrued leave pursuant to the City’s policy thereon.

C. The maximum benefit shall be 50% of the eligible employ ee’s PRE-DISABILITY EARNINGS as defined in the policy document, or $6,000 per month, whichever is less. This maximum benefit shall be calculated in accordance with policy definitions.

ARTICLE 30: LIFE INSURANCE

The City shall provide $25,000 group term life insurance for affected employees. In compliance with the City’s current life insurance contract, employees at age 70 shall have benefits reduced by 35%, and employees at age 75 shall have benefits reduced by 50%.

Each employee may purchase additional City group term life insurance.

ARTICLE 31: DENTAL INSURANCE

The City shall pay the employee-only premium (but no more than $25 per month) under any group dental insurance plan administered or approved by the City.

A retiree (as defined in Article 27(B)) and his/her eligible dependents may subscribe to a City dental plan by paying the full premium for the coverage chosen.

ARTICLE 32: VISION INSURANCE

The City shall provide vision care insurance to employees on the City sponsored Cigna medical plans and pay an amount equal to t he employee-only premium in effect on January 1, 1991, i.e., $7.30 per month. Employees enrolled in the City sponsored Kaiser medical plan shall be enrolled in the vision plan with the same City contribution for employee-only coverage.

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Employees eligible for vision insurance may enroll eligible family members in the City sponsored vision plan at their own option and cost, payable through a payroll deduction.

Eligibility and enrollment of such family members is subject to the standard plan rules.

ARTICLE 33: SELF-INSURANCE/OTHER

The City shall have the right to provide all or any portion of the benefits presently available under any existing health, long-term disabili ty, dental, or vision plan through a self- insurance program or, in the case of vision insurance, via a contract with a direct provider; however, the election of such option shall not cause affected employees to suffer any loss of benefits or coverage.

A medical advisory committee, to include representatives of the four major employee organizations, has been established. The committee shall meet with City representatives at least four times per year . This committee’s functions shall include analysis of plan coverage and cost containment opportunities, the review of alternative approaches to medical insurance, and communications to and from employees for the purpose of providing reasonably priced medical care. Committee recommendations shall be developed with a view toward including them in this Agreement.

ARTICLE 34: CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT

Employees who are allowed to remain on a City health or dental insurance plan following separation from employment pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) may be charged the maximum rate permissible by law for such coverage (presently 102% of the premium for an active employee.)

ARTICLE 35: DISCRETIONARY PERSONAL LEAVE

Discretionary personal leave accumulated and not used prior to the term of this Agreement will be available for employee use until such time as the employee separates from the City. This discretionary personal leave will have no cash value and its use must be approved by the Department Head and not require overtime backfill. Employees on discretionary personal leave will be on paid status. No additional Discretionary Personal Leave will be provided during the term of this Agreement. This leave is separate and distinct from Discretionary Holiday Leave referenced in Article 36.

ARTICLE 36: HOLIDAY LEAVE PROGRAM

A. The following days shall be recogniz ed Holidays for employees of this unit:

1. January 1, New Year’s Day
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2. The third Monday in February, Presidents’ Day

3. The last Monday in May, Memorial Day

4. July 4, Independence Day

5. The first Monday in September, Labor Day

6. November 11, Veteran’s Day

7. Thanksgiving Day

8. The Friday following Thanksgiving Day

9. December 24, Christmas Eve

10. December 25, Christmas Day

11. December 31, New Year’s Eve

B. No other day shall be such a holiday unless it is a non-recurring holiday designated specifically by the President of the United States and/or the Governor of California, and approved by the City Council.

If any other bargaining unit receives Martin Luther King, Jr. Day as a holiday during the term of this MOA, FMEF members shall also receive the holiday.

C. For employees working with regard to holidays:

1. An employee who works with regard to holidays will receive holiday leave time in the amount of 9 hours or the l ength of the employee’s work shift, whichever is less, to be used when a designated City holiday occurs and employee works in a location, facility or program that is closed on the holiday, and the holiday falls on the em ployee’s regular work day, and the employee is not required to work. The hours will be paid on the day the holiday occurs except as provided in Article 36, (C). (2) and Article 36(C)(3) below. There shall be no additional cash value for holiday leave hours.

2. An employee who works with regard to holidays and is required to work on a holiday will receive in addition to his/her normal pay for the day, holiday discretionary paid leave time in the amount of 9 hours or the length of the employee’s work shift, whichever is less, to be used at a later time in accordance with rules set forth herein.

3. An employee who works with regar d to holidays will receive holiday discretionary paid leave time in the amount of 9 hours or the length of the employee’s work shift, whichever is less, when a City designated holiday falls on a day that is not a regular work day for the employee. These hours may be used at a later time in accordance with rules set forth herein.

D. For employees working without regard to holidays:

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1. Employees who are assigned to a divi sion that operates without regard to holidays (e.g., Police Records Division and Airport) shall be entitled to be paid eight hours at their regular rate of pay for each recognized holiday.

2. As an alternative to receiving hol iday pay as the holidays occur, an employee who works without regard to holidays may elect, at the beginning of each payroll year, to defer receipt of holiday pay until the end of that payroll year. Each employee who defers cash payment for holidays shall accrue holiday leave on a biweekly bas is. These hours shall be available for employee use for paid time off subject to the same rules a vacation hours. At the end of each payroll year , any remaining holiday hours shall be converted into a cash payment at the base salary rate then in effect.

3. In addition to the 88 hours of ho liday pay an employee working without regard to holidays is entitled to receive in accordance with D.(1). and D(2). above, the employee shall receive 11 hour s of holiday discretionary leave to be used at a later time in accordance with rules set forth herein.

E. Holiday discretionary leave time receiv ed under this Article must be used during the fiscal year in which it is received. Hours not used will expire. There will be no cash value associated with the holiday discretionary leave hours received under this provision.

ARTICLE 37: VACATION

A. Accrual

1. Each employee shall accrue vacation credit with pay in accordance with the following table:

Number of Hours
Amount of Current Serv ice Annually Biweekly

< 5 years 104 4.00
≥ 5 years 120 4.62
≥ 10 years 128 4.93
≥ 11 years 136 5.24
≥ 12 years 144 5.54
≥ 13 years 152 5.85
≥ 14 years 160 6.16

2. Vacation credit shall accrue each pay period in which the employee has worked or used paid leave except sick leave for at least one full regular work shift. An employee absent on sick leave or unpaid leave of absence for an entire pay period shall not receive vacation credit for that pay period.

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B. Usage

1. First Vacation: A new employee’s first vacation may not be taken until he/she has worked for 13 pay periods. Absences such as sick leave or unpaid leave for an entire pay period shall not be considered time worked for this purpose.

2. Employees hired on or after June 1, 1981 shall accrue, but not be paid for, unused vacation credits until completion of their initial probation period with the City.

3. Department Head Approval: No vacation absence with pay may be taken without approval by the department head or designee. The department head shall schedule and approve vacation for his/her employees as requested or at such other time as will achieve the most efficient functioning of the department and to avoid any lo ss of vacation by reason of the accumulation limit provided herein.

4. Vacation may not be used when an em ployee is absent for personal medical reasons and has sick leave available.

C. Accumulation Limit

An employee may accumulate vacation credits in an amount up to twice his/her annual vacation allowance. Vacati on credit earned beyond the maximum is forfeited, with the following exception:

When any written request by an employee to take a vacation is refused or not acted upon by the department head, and the employee is not allowed other vacation time off to prevent a loss of va cation credits, the employee shall then be paid at the straight time salary rate then in effect not only for the time worked, but also for the vacation time that would have been credited to him/her for so working were it not for said accumulation limit. This payment shall continue until such time as the employee is permitted to take a vacation.

D. Annual Conversion

1. At the end of each payroll year, an e ligible employee may convert up to 40 hours of unused vacation time into cash, payable at the base salary rate in effect at the time of conversion. Such conversions shall be made concurrently with the annual conversion of sick leave.

2. To be eligible, an employee must hav e completed his/her initial probation period; must have actually taken (not converted) at least 80 hours of vacation in the preceding payroll year ; and must have at least 80 hours of vacation remaining after such conversion.

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E. Separation From Employment

An employee, except one on his/her init ial probation period with the City, who separates from employment by resignation, layoff, or otherwise, shall be paid the balance of his/her accumulated vacation credits at the base salary rate in effect on the date of separation. In the case of t he employee’s death, the balance shall be paid to the employee’s designee or, if no designee, to the employee’s estate.

ARTICLE 38: SICK LEAVE

A. Each regular full-time employee (40 hours per workweek) shall earn and accumulate 3.69 hours of sick leave for each pay period in which the employee has worked at least one full regular work shift. An employee absent on vacation shall receive sick leave credit, but an employee absent on sick leave or unpaid leave of absence for an entire pay period shall not receive sick leave credit for that pay period.

Each employee regularly scheduled to wo rk less than 40 hours per workweek shall accrue sick leave at the rate of thr ee hours per pay period, up to a maximum accrual of 48 hours at any one time. For em ployees who were eligible to accrue sick leave without limit prior to July 1, 2015, the 48 hour cap shall not apply. Any employee who converts from a regular forty-hour workweek to a workweek of less than forty hours, shall retain for use all of his/her accrued sick leave balances at the time of the workweek reduction.

B. Sick Leave Usage

Sick leave is provided so that empl oyees will not suffer financially because of inability to work due to bona fide illness or injury. The City may compel an employee who is unable to perform the dutie s of his/her position to submit to a medical examination on City time and at the City’s expense.

An employee shall be allowed to use his/her accumulated sick leave as follows:

1. Absences relating to the health or welfare of the employee:

a. Personal illness or physical incapacity;

b. Medical or dent al appointments;

c. Forced quarantine in acco rdance with community health regulations.

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d. For the purposes under Labor Code section 230 and section 230.1 to make necessary arrangements for the safety and welfare of the employee in cases of domestic violence, sexual assault or stalking.

2. Absences relating to the health of the employee’s family:

a. Health conditions of or m edical or dental appointments for the employee’s family members as required by law in a total amount not to exceed 48 hours in a payroll year.

b. The care of an employee’s newbor n child/children or the placement with an employee of a son or daught er for adoption or foster care within the first 12 months after birth or placement, for up to 96 hours.

c. The serious health condition of a family member which qualifies under the Family and Medical Leave Act ( FMLA), provided that the employee has submitted all necessary documentation to the Human Resources Department certifying the condition qualifies for FMLA.

In no event shall the total time taken pursuant to 2(a), 2(b) and 2(c) exceed 480 hours in any 12-month period. This maximum limit of 480 hours shall be reduced by any time taken purs uant to the employee’s own FMLA qualifying condition(s) within such rolling 12-month period except as otherwise required by law.

C. Approval of Sick Leave

1. Sick leave may be taken only when an employee has sick leave credits.

The first sick leave with pay may not be taken until the 90th day of City employment. No payment for sick leave shall be made without the approval of the department head.

2. Appointments for medical, dental or vision care shall be made on the employee’s day off when practicable. Sick leave shall only be authorized for such purposes when an employee is unable to take care of such appointments on his/her day off.

3. Prior to resuming work after taking three or more consecutive shifts of sick leave, an employee shall s ubmit a physician’s written certification of the medical necessity for his/her absence from work and a written release stating that he/she is able to perform his/her normal or modified job duties.

For example, an employee absent on Monday, Tuesday and Wednesday must provide this release before resuming work on Thursday.

If the absence of three or more cons ecutive shifts is for family illness (See B(2) above), the employee shall submit certification from the family Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX
member’s attending physician of the medical condition during the length of absence for which paid leave is request ed. The physician’s certification shall verify that the family member had an illness, injury or medical procedure during the period of time fo r which paid leave is requested.

However, the certification shall not be required to include a diagnosis or description of injury or treatment.

D. Bereavement Leave

The death of a member of the employee’s immediate family shall entitle the affected employee to be absent for three shifts (not to exceed 27 hours) and such absence shall not be charged to sick leave. An employee may also use two shifts (not to exceed 18 hours) of accumulated sick leave per incident for bereavement purposes, and the City Manager may authorize up to an additional five shifts (not to exceed 45 hours) of sick leave usage for bereavement purposes when appropriate.

The definition of “immediate family” for the purpose of bereavement leave shall include the employee’s spouse, parents, children, stepchi ldren, brother, sister, mother-in-law, father-in-law, grandparen t, grandchild, stepparent, legal guardian and others as required by law.

E. Annual Optional Conversion of Sick Leave

Employees hired on or after June 29, 1996 are not eligible fo r this conversion program.

1. A person who has been r egularly employed by the City for the full preceding calendar year and has at least 24 hours of unused sick leave remaining from the preceding payroll year, ma y convert a fixed percentage of the unused portion of those credits to either of the following:

a. Up to 50% to vacation credits; or

b. Up to 50% to cash to be paid at the employee’s base salary rate.

2. An eligible employee who does not use sick leave during the preceding payroll year may convert up to 60% to cash or up to 50% vacation and up to 10% cash to be paid at the employee's base salary rate.

F. Payment for Unused Sick Leave Upon Separation

Payment for unused sick leave upon separati on shall be paid to persons regularly appointed to any City classification on or before August 31, 1983 and employed continuously thereafter. All others are ineligible for this benefit.

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX

1. If an eligible employee dies or re tires, 55% of the unused sick leave credits accumulated will be paid to the employee or, in the case of the employee's death, to the employee's designee or, if no designee, to the employee's estate. Such payment will be at the base salary rate in effect at the time of such separation.

2. An eligible employee who separates after ten years of continuous service for any reason other than death or retirement shall be compensated for 50% of the unused balance of all accumulated sick leave credits in excess of 960 hours, to be paid at the base salary rate in effect at the time of such separation.

G. All sick leave credits not taken as sick leave or otherwise converted shall remain within the employee's accumulated sick leave credits.

ARTICLE 39: CATASTROPHIC ILLNESS LEAVE BANK

The City shall maintain its Catastrophic Illness Leave Bank, as provided in Administrative Policy No. 104.

ARTICLE 40: WORKERS’ COMPENSATION PROGRAM

A. Supplemental Pay

1. Unless employment is terminated, a regular full-time employee absent due to illness or injury resulting from his/her City employment, for which the employee received temporary total di sability payments under California Workers’ Compensation laws, shall be paid his/her full salary only for the first 1,040 cumulative hours of each abs ence. This salary payment period shall not extend beyond the date temp orary disability payments are terminated. The employee’s salary shall be reduced by the total amount the employee receives as temporary total disability payments, and such supplemental pay shall not be charged against his/her sick leave credits.

Persons employed on a 3/4-time basis shall receive a cumulative total of 780 hours, and persons employed on a ha lf-time basis shall receive a cumulative total of 520 hours.

2. A full-time employee who suffers a tem porary disability as a result of what is interpreted under state Workers’ Compensation laws as a separate illness or injury, regardless of whether the ill ness or injury is to the same or a different part of the body, shall be entitled to an additional 1,040 hours cumulative time of supplemental pay (pro rata time if a part-time employee) for each such separate illness or injury.

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX

3. Once the employee has exhausted all of the benefits described in subparagraphs sections 1. and 2. above, the employee shall be entitled, at his/her request, to use any accumula ted sick leave credits to pay the difference between his/her full salary and any amounts paid him/her under said Workers’ Compensation laws until his/her accumulated sick leave credits are exhausted.

4. Employees on injured-on-duty status shall charge absences for doctor, therapy or follow-up visits which occur after July 24, 1995 to injury-on-duty leave - (i.e., the supplemental pay program described in this Article).

5. The City may deny supplemental pay during the first three shifts of temporary disability leave to any employee who, in management’s opinion, abuses sick leave. In such circumstances, the employee may elect to use sick leave, vacation or leave without pay. The grievance procedure in such cases shall end with the City Manager.

B. The anniversary date of any employee who is absent from work as a result of an illness or injury resulting from the performa nce of duties in the course of his/her employment, shall not be affected as long as he/she is receiving an amount equal to his/her full pay. During such time , the employee shall continue to accrue vacation and sick leave benefits in the sa me manner as though he/she were not absent.

C. Employees shall return to the City a ll City-funded payments whose value exceeds the employee's regular base salary.

ARTICLE 41: JURY DUTY

When an employee is duly summoned to jury dut y, he/she shall receive her/his regular pay for any regularly scheduled working hour s spent in actual performance of such service. If the employee receives $50 or more for such service, the employee shall remit to the City, all fees and allowances pay able for such service less reimbursements from the court for meals, travel or lodging.

The schedule of an employee w hose regular shift is not 8: 00 a.m. - 5:00 p.m. shall be considered to be 8:00 a.m. - 5:00 p.m. for each day such an employee is required to attend jury duty. An employee who serves le ss than seven hours of jury duty on any given day may be required to return to work to complete an eight-hour shift.

Employees who have the option to request call-in juror status shall exercise that option.

ARTICLE 42: WORK SCHEDULES

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX
A. Time Worked

Each full-time employee shall work or be on approved leave 40 hours during each FLSA work period, and 80 hours during each City pay period. Part-time employees shall work between 20-39 hours per FLSA wo rk period. Employees shall work such additional time as may, from time to time, be required in the judgment of the City to serve the citizens of the city.

B. Work Schedules

The work schedules currently in use ar e generally as shown on Appendix C. The actual schedule worked by an employee, group of employees, work unit, office, division or department is determined by t he City, and is subject to change or adjustment according to each department’s business needs.

1. An employee’s schedule may be c hanged at any time by the City with 14 days notice, except that any change in the work schedule for the year-end holidays (i.e., Winter Closure) shall be announced before Thanksgiving.

2. During an urgent situation (as dete rmined by the department head or his/her designee), the City may direct the employee to temporarily work a different schedule on a 12-hour notice.

3. An employee who believes that hardship will result from his/her assignment to a particular schedule may appeal to the department head.

C. Alternate Work Schedules

For employees on a work schedule othe r than the Traditional schedule (see Appendix C), all existing personnel policies, rules and regulations shall continue to apply, except as provided below. If any co nflict or problem results from applying these exceptions, the existing policie s, rules and regulations as described elsewhere in this Agreement shall prevail.

1. Paid Leave

Employees shall continue to accrue vacation and sick leave in accordance with the current accrual ra tes. When vacation or sick leave is used the employee shall be charged based on actual time taken, calculated hour-for- hour.

2. Overtime

a. The parties intend that implement ation of an alternate work schedule does not create any additional ov ertime obligation under this Agreement or the FLSA.

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX

b. For employees who work without regard to holidays for CalPERS purposes, all briefings, meal periods and breaks are included within the work shift, and are considered time worked for the purpose of calculating eligibility for overtime compensation. Any such employee shall not be entitled to overtime co mpensation if his/her duties or responsibilities preclude him/her from taking a meal period or break.

3. Training Conference Leave

a. When an employee attends a seminar, conference or training which requires less time than normally wo rked (e.g., an employee whose shift is nine hours attends a training seminar of eight hours duration) the additional time away from t he City shall be charged to the employee’s vacation or comp time account or to unpaid leave if no paid leave is available. Altern atively, the employee and his/her supervisor may make a schedul e adjustment to ensure no compensation is lost. Travel time shall be compensated pursuant to applicable law.

b. When an employee is scheduled to attend a conference or training program Monday through Friday, his/her work hours will be 8:00 a.m. to 5:00 p.m., Monday through Friday, so there is no issue that he/she is eligible for overtime while attending the conference or training.

4. Military Leave

An employee granted military leave s hall not be granted overtime when such leave extends beyond the empl oyee’s regularly scheduled workdays per week to his/her regular day off.

5. Jury Duty

An employee granted jury duty leave s hall not be granted overtime when such leave extends beyond the empl oyee’s regularly scheduled workdays per week to his/her regular day off.

6. Injury on Duty

While an employee is on injury on duty status, his/her work hours will be 8:00 a. m. to 5:00 p. m. , Monday through Friday, so there is no issue that he/she is eligible for overtime while receiving treatment or keeping doctor’s appointments.

7. Employees shall schedul e all nonemergency, nonurgent medical and dental appointments on the employee’s regular day off when practicable.

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX

8. Effective March 24, 2007, eEmployees assigned to the Downtown Cleanup crew who work a 9/80 work schedule and begin their regular workday at 3:00 a.m. shall be entitled to receive Graveyard Shift differential pay as specified in Article 16: Increment Pay, paragraph section (A).(1).(b).

D. Daylight Savings Time

The City shall adjust work schedules to avoid any loss or gain in compensation which may result from changing to or from Daylight Savings Time.

ARTICLE 43: WORK SCHEDULE REDUCTION

Where service to the public permits a full-time employee may reduce his/her work schedule. Such reductions must result in cost savings to the City and are subject to approval by the City Manager, the Director of Human Resources, and the affected department head.

A work schedule reduction can take either of two forms:

1. The policy regarding time off will be re laxed to allow employees to take unpaid time off in lieu of vacation; insurance, increment pay, leave accruals and retirement will not be affected. This will be subject to the following:

a. Unpaid time must not exceed 10% of any pay period.

b. An employee will not be allowed to exceed his/her vacation maximum. In other words, when the employee is at or near the vacation accumulation limit, vacation must be used and unpaid time will not be authorized.

c. Taking unpaid time shall not resu lt in overtime pay or comp time.

2. When an employee wants to take o ff more than 10% of the time, he/she may, at the discretion of the City, reduce his/her schedule to three quarter time or half time. In this category, there is no reduction in insurance benefits but paid leave accruals, increment pay and tuition reimbursement are reduced to three-quarter or half-time and CalPERS service credit is reduced accordingly. Sick leave accrual shall be at the rate applicable to less-than- full-time employees under Article 39, Section A 38(A) during the work reduction.

3. To be eligible for this program , an employee must ha ve passed his/her original probation period.

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX

ARTICLE 44: TEMPORARY EMPLOYEES

Persons temporarily hired into classifications represented by the FederationFMEF who work equal to or in excess of 80 hours per pay period for six consecutive months shall be converted to regular employee status.

ARTICLE 45: BENEFITS FOR PART-TIME EMPLOYEES

A. Persons appointed on a part-time basis after June 30, 1989 shall receive only the benefits listed below:

Event Benefit

Upon appointment Elig ible for the following on a basis proportionate to hours worked - i.e., 50% or 75% of the full-time
rate – under the same rules and practices which
apply to full-time employees:

a. Increment Pay
b. Tuition Reimbursement
c. Uniform Allowance
d. Jury Duty Pay
e. Tool Allow ance/Reimbursement

Eligible to accrue and use vacation credit in
accordance with the following table and existing
rules and practices:

Number of Hours – Biweekly
Amount of 50% 75%
Current Service Employee Employee

< 5 years 2.000 3.000
≥ 5 years 2.310 3.460
≥ 10 years 2.465 3.698
≥ 11 years 2.620 3.930
≥ 12 years 2.770 4.155
≥ 13 years 2.925 4.387
≥ 14 years 3.080 4.620

Vacation credits may be used in accordance with
the provisions of Article 37 sections (A)(2), (B)(1),
(B)(3), (C) and (E).

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX
Sick leave shall accrue at the rate applic able to less-than-full-time employees under Article 38, Section (A).

Employees who regularly work 30 or mo re hours per week or assigned to a City position requiring coverage under the Affo rdable Care Act, shall be eligible to receive the same contribution to the Cit y’s health insurance plan as the City contributes for full-time employees.

The City shall have the option to provide greater benefits or to provide the above benefits at an earlier date to a person employed in an FLSA exempt classification, as listed in Appendix A.

B. If a part-time employee becomes full-time , the time served as a part-time employee shall be counted for purposes of vacation accrual.

ARTICLE 46: PAYROLL SYSTEM

The City shall utilize the biweekly pay syst em. Pay periods sha ll begin at 12:01 a.m. every other Saturday, and end at midnight on the second Friday (i.e., 14 calendar days later) thereafter. Paydays shall occur on the Friday following the conclusion of each pay period. The one exception to this is when that Friday is a City holiday, the payday shall fall on the preceding business day.

Each affected employee shall participate in the City’s direct deposit payroll program.

The payroll year begins on the first day of th e biweekly pay period that is paid in a new calendar year and ends on the la st day of the pay period that is paid within the same calendar year.

ARTICLE 47: VENDING MACHINES

The FederationFMEF may use City property and utilities to provide vending machines for use by affected employees, and the FederationFMEF shall receive the profits therefrom.

The City retains the right to approve any changes in location or number of vending machines.

The FederationFMEF shall hold the City harmless from the existence of any and all such vending machines and from the use and operation thereof; from the consumption of any product dispensed thereby; and from any malf unction, personal injury, property damage or accidents resulting from the existence, use or operation thereof.

ARTICLE 48: UNIT MEMBERSHIP

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX
A. Dues Check-off

1. FederationFMEF membership dues or service fees shall be deducted by the City from each employee’s paycheck. The City shall promptly transmit the dues and fees so deducted to the FederationFMEF. There shall be only one FederationFMEF deduction per pay period per employee.

2. The FederationFMEF shall notify the City, in wr iting, as to the amount of dues and fees required of all employees. Once per fiscal year, the City will, upon written request of the Federation FMEF, change the amount of the FederationFMEF deduction to reflect any change in FederationFMEF dues or fees. Any other changes in the FederationFMEF deduction amount(s) shall be made only upon written reques t of the employee via the City- authorized payroll deduction card.

3. Whenever the Federation FMEF notifies the City t hat there has been a change in the amount required to be deducted for dues or fees, the FederationFMEF shall provide certification that the employees have been notified of such change.

4. The City assumes no responsibilit y for keeping itemized records of deductions.

5. The City shall provide the Federation FMEF a monthly list of regular employees newly hired into cl assifications represented by the FederationFMEF.

6. When a prospective employee whose position is represented by the FederationFMEF is checked in by the Hu man Resources Department, he/she will be given an information packet concerning FederationFMEF membership. The FederationFMEF will provide this packet to the City. The design and packaging of the information are subject to City approval.

B. New Employee Orientation

The parties acknowledge that the City provides new employee orientation (onboarding) to each new employee hired by the City. The FMEF will be provided with not less than 10 calendar days’ advanced notice of the time, date, and location of the onboarding of any new employee represented by the FMEF. The FMEF will be given 15 minutes at the end of t he new employee onboarding in a room designated by the City for no more than o ne (1) FMEF representative to present FMEF membership information to the onboarding employee or employees. Human Resources staff will not be present during the FMEF portion of the onboarding. For the purpose of training, the FMEF may have two (2) representatives participate in the orientation process with prior approval of the City.

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX
The FMEF will maintain a Membership Commi ttee comprised of representatives authorized by the FMEF to present the membership information to new employees.

Employees eligible to serve as committ ee members shall be working in positions that allow the employee to leave his/her workstation for the purpose of participating in the onboarding without disruption or stoppage of Cit y business or without creating a need to reassign or reschedule a City work crew. The FMEF shall notify of the City of employees appointed to the Membership Committee.

The City will provide a ppropriate Release Time, not to exceed 30 minutes , to the FMEF Membership Committee representative presenting the FMEF membership information during a scheduled onboarding. Upon assignment of a member to an onboarding event, the FMEF shall advise the Membership Committee member’s immediate supervisor at least five (5) days prior to the onboarding. The FMEF Membership Committee member shall be released for this purpose unless unusual operational needs interfere with such release in which case the FMEF representative’s immediate supervisor will provide a wr itten explanation of why release could not be approved. If the FMEF Membersh ip Committee member is not released due to department operationa l needs and no other Membership Committee member is available for t he onboarding, the FMEF Membership Committee member may arra nge an alternative date and time to meet with the newly hired employee within the first two (2) weeks of employment, subject to the 30-minutes onboarding and FMEF Release Time requirements as stipulated above.

C. Employee Contact Information

The City shall provide the FMEF with City maintained information concerning new employee name, job title, department, work location, work telephone number, home telephone number, personal cellular telephone number, personal email address, and home address within 30 days of hire.

In addition, on a quarterly basis, the City will provide the FMEF with a digital file containing the same information for all employees in FMEF represented classifications.

D. Indemnification

The FederationFMEF shall indemnify, defend and hold harmless the City and its officials, representatives and agents against any liability or claim of liability that arises or is claimed to arise out of or by reason of action taken or not taken by the City in complying with the provisions of this Article.

ARTICLE 49: PERSONNEL FILES

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX
A. Each department shall keep a personnel fi le for each affected employee within that department.

B. An employee shall have the right to in spect and review his/her file at reasonable intervals.

C. A copy of any commendations, written wa rnings or reprimands, disciplinary action, personnel action forms and performance re views placed into the employee's personnel file shall be provided to the employee.

D. An employee shall have the right to res pond in writing to any information contained in his/her file. This reply shall become a permanent part of the file.

E. Upon written request from the employee, any adverse material and references thereto which resulted in non-Skelly disciplin e (i.e., letters of reprimand, letters of counseling and supervisor action reports, but not performance re views) shall be removed from the file under these conditions:

1. There has been no recurrence of si milar conduct or other documented unacceptable conduct within the subsequent five years.

2. There is no discipli ne currently pending and the employee is not on notice to improve.

ARTICLE 50: SUBSTANCE ABUSE

A. It is the responsibility of all affected employees to cooperate to protect the lives, personal safety and property of coworkers and fellow citizens. The parties hereto and all affected employees shall take a ll reasonable steps to accomplish these goals and to minimize potential dangers.

B. It is in the best interest of the City, the FederationFMEF, affected employees, and the public to ensure that affected em ployees do not appear for work under the influence of drugs or alcohol or possess illegal substances or alcohol while at work, because such conduct is likely to result in reduced productivity, an unsafe working environment, poor morale and increased potent ial liability to the City. “Under the influence of drugs” means t he use of any illegal subs tance or misuse of a prescribed drug in a manner and to a degr ee that impairs the employee’s work performance or the ability to use City property or equipment safely.

C. The City pays for a counseling servic e for employees who have problems with drugs and/or alcohol. The City and the FederationFMEF agree that every effort shall be made by the City and the FederationFMEF to refer employees who have such problems to this counseling service for assistance.

Fullerton Municipal Employees Federation FMEF

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D. The City may compel an employee who is unable to perform the duties of his/her position to submit to a medical examination on City time and at the City's expense.

E. In addition to the policy described above, a substance screen shall be administered when an employee takes a medical exam fo r the Department of Motor Vehicles operator’s license. This exam is currently required of employees who must have a Class A, B California Commercial Class A or Class B driver’s license, or a Class C driver’s license with a Hazardous Materials Endorsement, or a Class C driver’s license with Special Certificates.

F. The City shall have the right to implement the U.S. Department of Transportation D.O.T. regulations for random drug and alcohol testing of employees who are subject to these regulations.

ARTICLE 51: USE OF TOBACCO

In addition to the policy set forth in City directives, affected employees shall not use tobacco products in any form inside City build ings, structures, vehicles, and/or in plain view of the public while on duty.

ARTICLE 52: CONTRACTING OUT

The City shall meet -and-confer with the Federation FMEF on the potential impact on affected employees of a “Cit y decision” to “contract out” when such a decision would affect the wages, hours or working cond itions of affected employees in budgeted positions. The meet-and-confer process shall commence at such time as the City Council receives a study on the advisability of going out to bid for this purpose. The study shall be submitted to the FMEF president within 48 hours of Council’s receipt of the study.

This provision shall in no way diminish the City’s right to c ontract and sub-contract as provided in Article 2.

ARTICLE 53: LAYOFFS

If the City decides layoffs are necessary, t he parties shall meet- and-confer to discuss alternatives to layoffs.

Should layoffs cause bumping, the reverse order of the normal line of promotion may be used for the bumping process. The normal line of promot ion is the normal upward promotional path from one position to the next. See “Normal Line of Promotion” Human Resources Department Policy/Procedure, No. 061, which augments the City’s Personnel Rules contained in Resolutions 8485 and 8521.

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX
The City will meet informally with FMEF as early as possible to discuss potential layoffs, prior to making any decision to lay off employees. FMEF agrees that this/these meeting(s) are not formal negotiations and are not subject to impasse procedures or any of the other requirements of the Meyers-Mi lias-Brown Act (Gov. Code section 3500, et seq.). The parties further agree that if the City decides to lay off employees, the terms of Article 53 shall apply. The parties further agr ee that Article 54 remains in full force and effect and nothing in this agreement impacts or limits Article 54 in any way whatsoever.

ARTICLE 54: DISCIPLINARY ACTION

In addition to the procedures set forth in cu rrent policy and practice, an employee may elect, when offered by the City, to reduce his/her vacation balance in lieu of suspension.

There shall be no reference to sick leave use in unrelated discipline cases.

Appeals:

A. When an employee seeks to appeal discipl inary action (following the provision of all procedural safeguards required to be provided pr ior to the imposition of discipline) he/she shall initiate the forma l Grievance Procedure by filing a written grievance at the level of the authority which has effectively imposed the discipline.

This appeal must be received by said authority within 14 calendar days after the employee's receipt of the document which imposes such discipline.

B. Should an employee wish to appeal the consequences of disciplinary action beyond the City Manager stage, he/she shall submit his/ her written request for arbitration to the City's Human Resources Director within 14 calendar days following receipt of the City Manager's written decision.

C. The only discipline cases that ca n go beyond the City M anager level are appeals from disciplinary action where the Ske lly procedure was utilized. Performance appraisals shall not be appealed beyond the City Manager level.

D. Appeals of disciplinary action may be filed only by an employee or the FederationFMEF with the employee’s written consent.

ARTICLE 55: GRIEVANCES

A. Purpose: To provide a means by which employee grievances may be considered, discussed and resolved at the closest possible level to the point of origin.

B. A grievance is any dispute concerning the interpretation or application of this Memorandum of Agreement, the City’s Personnel Rules, or of departmental rules or regulations governing personnel practi ces or working conditions, or of the Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX
practical consequences of a City rights decision on wages, hours and other terms and conditions of employment.

A grievant is an employee or the FederationFMEF. An employee may proceed with or without his/her FederationFMEF representative.

Grievances shall be presented in accor dance with the procedures set forth below and as provided in paragraph E. Grievances shall be waived for all purposes if not presented to the supervisor within 14 cal endar days from the date the aggrieved employee knew, or by reasonable diligence could have known, of the occurrence of the act or omission on which the grievance is based.

C. Informal procedure: A grievant shall first discuss the issue with the employee’s immediate supervisor without delay. If the problem is not resolved to the grievant’s satisfaction, he/she shall have the right to discuss the grievance with the supervisor's immediate superior. Every effort shall be made to resolve the problem in this manner.

D. Formal procedure: If informal efforts have not been successful in resolving the grievance, the grievant may submit an appeal in writing within seven calendar days of the response given in the informal procedure.

To the best of the employee’s abilit y, the written appeal shall contain an explanation of the issue(s) in dispute as well as a proposed remedy. The appeal shall set forth the date of the informal discussion.

1. First level of appeal: The appeal sha ll be submitted to the grievant’s immediate supervisor, who shall render a decision and comments in writing within seven calendar days of receipt of the appeal.

Failure of the employee to take furt her action within seven calendar days after receipt of the first level decision or within a total of 14 calendar days if no decision is rendered will bar further consideration.

2. Department review: Upon receip t of the appeal, t he department head should discuss the grievance with the grievant, his/her r epresentative, if any, the supervisor and the Director of Human Resources. The department head shall render his/her decision and comments in writing and return them to the grievant within seven calendar days after receiving or hearing the appeal, whichever occurs later.

If the grievant does not agree with the decision reached, or if no answer has been received within seven calendar days, he/she may present the appeal in writing to the City Manager. Failure of the employee to take further action within seven calendar days after receipt of the decision, or within a total of Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX
14 calendar days if no decision is rendered will bar further consideration of the appeal.

3. City Manager review: The City Manager shall discuss the grievance with the employee, his/her representative, if any, and with other appropriate persons. The City Manager may designate a committee or officer not in the employee’s normal line of supervision to advise him concerning the appeal.

The City Manager shall render a decision in writing to the employee within 14 calendar days after receiving or hearing the appeal, whichever occurs later.

4. Grievance Mediation : - This procedure is availabl e after the City Manager level of the grievance procedure is completed.

a. Either party not satisfied with the City Manager’s decision may, within 14 calendar days following receipt of the City Manager’s decision, submit a written request to the ot her party for mediation of the dispute. Mediation shall be voluntary by both the City and the grievant.

b. Grievance mediation is a supplement to, and not a substitute for, the steps of the grievance procedure out lined in this Article. Any deadlines for the grievance procedure shall be tolled to permit the grievance to proceed to arbi tration should mediation be unsuccessful.

c. If the parties agree to mediation, a request shall be submitted to the California State Mediation and C onciliation Service (“CSMCS”) in writing. If the CSMCS is unable to serve in a timely manner, the parties shall agree on another mediator . Any costs of the mediator or the mediation process shall be divided equally between the City and the grievant.

d. The function of the mediator sha ll be to attempt to assist the parties to achieve a mutually satisfactory resolution of the dispute. The mediator has no authority to compel resolution of the grievance.

e. Proceedings before t he mediator shall be in formal and the Rules of Evidence shall not apply. No record, stenographic or tape recordings of the meetings will be made. The mediator’s notes are confidential and their content shall not be revealed. Nothing said or done by the parties or the mediator during th e grievance mediation session can be attributed to the other party in any subsequent arbitration, court or government agency proceeding.

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f. The mediator may conduct the conference utilizing all of the customary techniques associated wit h mediation, including the use of separate caucuses.

g. In the event that no settlement is reached during the mediation process, the mediator may provide the parties, either in separate or joint session, with an oral advisory opinion unless both parties agree that no such opinion is necessary.

h. If a satisfactory resolution of the dispute is achieved, the parties shall sign a written statement to that effect and thus waive the right of either party to any further appeal

i. If either party does not accept t he mediator’s opinion, the matter may then proceed to an arbitrator in the manner and form provided in this Article. Such arbitration hearings will be held as if the grievance mediation had not taken place. T he mediator may not serve as the arbitrator.

5. Arbitration : - iIf either party (subject to the provisions of (E)(6) below) so requests, a professional arbitrator shall hear the grievance on its merits for the purpose of attempting to resolve t he dispute in a satisfactory manner.

Such requests for arbitration must be filed in writing wit h the Director of Human Resources within 14 calendar days following receipt of the City Manager’s written decision. Failure to do so will bar cons ideration by an arbitrator. Selection of the arbitrator shall be in accordance with procedures acceptable to both parties.

This paragraph shall not diminish the Cit y Council’s authority to review the arbitration decision.

The City Council shall have the right to refuse arbitration if, in its judgment, the issue to be submitted to arbitrat ion has recently been reviewed by a professional arbitrator.

6. The arbitrator, after hearing all pertinent evidence and testimony, shall make recommendations to the City Manager and the parties involved.

The arbitrator shall limit his/her findings and recommendations strictly to the interpretation or application of this Agreement or of Rules and Regulations governing personnel practices or worki ng conditions, or the practicable consequences of a City rights decis ion on wages, hours and other terms and conditions of employment, and shall make no recommendation:

a. Contrary, or inconsistent with or modifying or varying in any way the provisions of the Employer-Employee Relations Resolution.

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX
b. Inconsistent with the City’s duties, responsibilities, or obligations as provided by law.

c. Recommending any wage increase or decrease.

d. Recommending the payment of back wages for more than 14 calendar days prior to the date th e grievant knew, or by reasonable diligence could have known, of the occurrence of the act or omission on which the grievance is based.

The arbitrator shall make no recomm endation reversing, overruling, or otherwise modifying any City decision or omission except after finding 1) the City decision violated some express provision of the Resolution or 2) the City decision or omi ssion was, under the circ umstances, arbitrary, capricious, discriminatory, or otherwise unreasonable.

7. If either party is still in disagreem ent, it may request that the City Council decide the matter. Such requests must be filed in writing with the Human Resources Director within 35 calendar days from the date that party was served with the arbitrator’s recommendations.

The City Council shall be guided by the arbitrator’s recommendations in reaching its decision. The Council shall act upon the arbitrator’s recommendations within 91 calendar days of the Director of Human Resource’s receipt of a request for it to do so. The City shall notify the employee of the Council’s action by first class mail. Such notice shall be postmarked no later than three calendar days after the Council action.

E. Conduct of Grievance Procedure:

1. The time limits specified above ma y be extended to a specified date by mutual written agreement of the parti es concerned. Unless so extended, failure to timely process a grievance shall bar further processing of such grievance.

2. The employee may request the assistanc e of another person of his/her own choosing in preparing and presenting his/her appeal at any level of review.

3. The grievant and/or his/her representative ma y use a reasonable amount of work time as determined by t he appropriate supervisor or department head in conferring on and presenting the appeal. Ho wever, no employee shall absent him/herself without first being excused by his/her supervisor.

4. Employees shall be assured freedom fr om reprisal for using the grievance procedure.

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Resolution No. 2022 2023-30XX

5. The settlement terms of a grievanc e which is processed by an employee individually or by an informally recognized employee organization shall not conflict with the express provisions of this Agreement.

6. With the exception of any arbitrat or, administrative, and court reporter’s appearance fees and the costs of transcriptions, the expenses of arbitration shall be borne equally by the City and the FederationFMEF. With regard to the arbitrator, administrative, and court reporter appearance fees and the costs of transcriptions, the City shall pay these expenses if the arbitrator sustains the grievance; however, if the arbitrator denies the grievance, the FederationFMEF shall pay these expenses. In the event there is no prevailing party, the parties shall bear these specific expenses equally.

The parties recognize that pursuant to Jones v. Omnitrans (2004) 125 Cal.

App.4th 273; 22 Cal. Rptr.3 rd 706 only the Federation FMEF may pursue arbitration on behalf of an employee. As such, the Federation FMEF is responsible for the costs of the arbitrator, not the individual employee. (The parties recognize that the case of Flor io v. City of Ontario (2005) 130 Cal.

App. 4 th 1462; 30 Cal. Rptr. 3 rd 841 does not apply to this cost sharing provision.)

7. For purposes of this Article, “receipt ” shall be defined as personal delivery or seven days after deposit in the U.S. mail certified.

ARTICLE 56: PERSONNEL RULES

The City’s Personnel Rules (currently contained in Resolution No. 8485) shall be have been modified as follows, for employees appointed on or after October 12, 2002:

Section 12.A: Probationary Period – Duration

Original: 12 months
Promotional: 6 months
Lateral: N/A

Rehire: 3 months
Extension #1: 2 months
Extension #2: 2 months
Maximum: 16 months

Section 15.C: Advancement of Base Salary Step

A newly appointed employee may be incr eased to the next step upon successful completion of the probation period.

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX

ARTICLE 56.1: RECLASSIFICATION

Employees seeking a classification study of their specific position may request a study through FMEF. FMEF may request that the Human Resources Department conduct up to seven (7) such studies per fiscal year. FMEF shall submit a completed Position Description Questionnaire provided by Human Resources, as well as a summary that provides the bas is for the study. The Human Resources Department will conduct the study and endeavor to meet with FMEF regarding its findings within 90 days of the submissi on of the questionnaire form. The City’s findings shall not be subject to appeal or challenge through the grievance procedure. Implementation of any re classification recommendation may be subject to approval of the City Manager and/or City Council.

ARTICLE 57: SAFETY REST PERIOD

A. An employee shall be gr anted an authorized safety rest period after being on duty sixteen (16) or more consecutive hours, excluding meal time breaks, if the employee so requests such a rest period.

1. An employee who takes an authorized safety rest period during hours that would be part of his/her regularly schedul ed work shift shall be allowed, at his/her option to go on authorized unpai d status or use accrued vacation leave or compensatory time off for the rest period hours that overlap with the employee’s regular work shift.

2. If the employee is a Commercial Class A or Class B licensed driver, the rest period shall be at least 10 hours.

3. If such an authorized safety rest per iod overlaps an employee’s regular work shift, the rest period must be structured such that it encompasses the balance of the impacted work shift, or with management approval, returns the employee to work at for least four hours of the regular work shift.

4. When possible and upon mutual agr eement, an employee may be allowed to alter his/her impacted work shift to begin later in the day, thus eliminating or reducing the impact of the authorized safety rest period.

B. Effective July 1, 2013, aAn employee may be required to take a safety rest period under any of the following circumstances:

1. If deemed necessary to ensure adequate staffing levels for regular work shifts.

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Resolution No. 2022 2023-30XX

2. If deemed necessary to ensure availability of Commercial Class A or Class B licensed drivers.

3. If deemed necessary to protect the heal th and safety of the employee or his/her coworkers.

4. As required by law, statut e, ordinance, or regulation.

If an employee is required to take a safety rest period during hours that are part of his/her regularly scheduled work shift, he/she shall be paid at his/her regular rate of pay for those hours of the required safety rest period that overlap his/her regularly scheduled work shift.

Appendix A: FederationFMEF Salary Schedule
Appendix B: Exceptional Performance Pay Policy Section 053 Appendix C: FederationFMEF Work Schedules

Fullerton Municipal Employees Federation FMEF

Resolution No. 2022 2023-30XX
DATE: March 8, 2022 July XX, 2023

FOR THE FULLERTON MUNICIPAL FOR THE CITY OF FULLERTON

EMPLOYEES FEDERATION

________________________________
Ed Bargas Eddie Manfro
FMEF President Director of Human Resources

________________________________
Jose Perez Ellis Chang
FMEF 1st Vice President Direc tor of Administrative Services

________________________________
Matt Esqueda
FMEF 2nd Vice President

Pete Acosta
Member at Large

Kerensa Schupmann
OCEA Representative

________________________________
Veronica Rodarte
OCEA Representative, Lead Negotiator