Greenfield City Council
July 22, 2025

Please note, pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory. While the City has submitted an electronic version of the sites inventory, if changes occur, any future adopted version of the element must also submit the electronic version of the sites inventory. The City can reach out to HCD at [email protected] for technical assistance.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities programs, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Land Use and Climate Innovation at:
https://www.lci.ca.gov/planning/general-plan/guidelines.html.

HCD appreciates the hard work and dedication of the City of Greenfield in preparation of the City’s housing element and looks forward to receiving the City’s adopted housing element. If you have any questions or need additional technical assistance, please contact Clare Blackwell, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager
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July 1, 2025
Greenfield Planning Commission
City of Greenfield
599 El Camino Real
Greenfield, CA 93927
RE: Item H-1: Housing Element
Adoption
Dear Planning Commission:

Monterey-Salinas Transit District (MST) provides public transportation throughout Monterey County and currently operates a local circulator service (Line 33) and commuter fixed-route and express service (Lines 23 and 23X) within the City of Greenfield. MST congratulates the city on receiving approval of its 6
th Cycle Housing Element (HE) by the California Department of Housing and Community (HCD). MST has reviewed the staff report Item H-1 and would like to make the following comments for your consideration:

The certified HE reflects the City’s commitment to equitable growth, improved quality of life, and expanded access to opportunity. It also creates an opportunity to incorporate transit-oriented development (TOD) into new planning efforts. TOD reduces reliance on single-occupancy vehicles and promotes access to essential services for current and future generations.

MST recently collaborated with the City to design and implement the Line 33 circulator to provide frequent and reliable transportation service within Greenfield. Given that low-income communities often rely on public transit, MST supports locating affordable housing near existing transit services. MST applauds the redesignation and rezoning Assessor Parcel Number (APN) 109-221-027 from Neighborhood Commercial (CN) Designation to Medium Density Residential (R-M). MST also supports the Elm Terrace Affordable Housing development on APN 024-261- 001.

Regarding the Walnut Avenue Pedestrian Bikeway Project Program: MST supports improvements that make it easier for people to walk and bike to bus stops. We look forward to the city’s future road project, which will allow us to install a safe and accessible bus stop at the Rancho San Miguel shopping center. These public right-of-way improvements ensure that Greenfield residents have safe access to high quality public transportation. 238
Thank you for considering these comments. If you have any questions about the above comments, please do not hesitate to contact me at [email protected] or 831-264-5877.

Sincerely,
Michelle Overmeyer
Director of Planning and Innovation
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City Council Memorandum 599 El Camino Real, Greenfield CA 93927, 831-674-5591 www.ci.greenfield.ca.us
DATE: July 10, 2025
AGENDA DATE: July 22, 2025
TO: Mayor and City Council
PREPARED BY: Paul Mugan, Community Development Director Imani Harrigan, Management Analyst
Brent Slama, AICP, Planning Consultant
TITLE: RECEIVE REPORT ON STATUS OF GENERAL PLAN UPDATE
Background
After completion of the City’s 6th Cycle Housing Element, the City is moving forward on a comprehensive General Plan Update. Unlike Housing Elements which are highly regulated by the State Department of Housing and Community Development (State HCD) and are required to be updated and certified by the State every eight years, the remainder of the General Plan has a 20-year horizon or more and specific state review and approval of other elements is not required.

Cities have more flexibility as to the contents of the General Plan, although there are numerous statutory requirements requiring certain items that must be included in the Plan. These statutes and guidelines related to General Plans are found through the Governor’s Office of Planning and Research (OPR). Last done in 2005, the City of Greenfield General Plan Update will outline local priorities, setting for the community's vision for the future of Greenfield and the means to accomplish that vision. It is anticipated that given changes in technology, land use patterns, climate and political preferences, there will be significant changes throughout the various elements. Public participation and input will be vital in shaping the future of Greenfield over the next twenty years. The General Plan Update will address all other required elements, including new elements that were not in the 2005 General Plan, but are now required by State law. It is anticipated that the General Plan Update will take approximately 24-30 months to complete.

The mandatory elements of the General Plan are Land Use, Circulation, Housing, Conservation, Open Space, Noise and Safety. In addition, in response to changes in State law, the City will 240
include an Environmental Justice and Air Quality element in its General Plan Update. The City may also include any number of optional elements in the General Plan. In 2005, the City had a Growth Management Element, an Economic Development Element, a Recreation Element, and a Health Element. It is proposed that all these elements be continued into the General Plan Update.

Analysis
The City has recently begun initial phases of outreach for the General Plan Update, with initial focus on the Land Use Element. This is a fundamental part of the General Plan, in determining what should be allowed in which areas of the City based on existing conditions, natural resources, and existing and proposed infrastructure. The creation of the Land Use Map sets policy on which other elements may move forward with in-depth planning. In order to best plan for the updated Land Use Element, current activities of the City staff have included the mailing of letters and meetings with property owners of vacant and underutilized parcels within the City limits as well as within the Sphere of Influence. The City has met with multiple landowners already, and will continue to hold meetings as needed. Staff will take that input into account when considering possible changes to the Land Use Map that governs future zoning decisions in the City of Greenfield.

In order to better understand the issues related to the Land Use Element, City Staff has attached an Accomplishment Report that highlights the main activities since adoption of the 2005 General Plan, and the major issues to consider in this Update. In summary, those few key items are as follows:
• Policy 2.1.14 – Encourage projects to utilize Traditional Neighborhood Development (TND) and New Urbanist design principles when such projects would provide tangible public benefit.

Issue: Concerns expressed over narrow streets and limited on-street parking in subdivisions causing street congestion, including impacts of new ADU’s. • Program 2.2.B – Within one (1) year following the adoption of the General Plan, revise and adopt residential subdivision and multi-family housing design guidelines (Residential Design Guidelines).

Issue: The City has yet to approve Design Guidelines for residential development. In addition, HCD has expressed concern about the Design Review process as an impediment to the construction of housing.
• Program 2.3.A – Periodically review the commercial land use designations within the General Plan Land Use Diagram to ensure that there is an adequate mix of parcel sizes, zoning, and infrastructure to accommodate new commercial development. 241
Issue: There is a significant overabundance of Regional Commercial designated land that was not developed in the previous General Plan cycle that will need to be evaluated.

In addition, the City may wish to review the land use assumptions within the Yanks development, the Walnut Avenue Specific Plan, and the South End site. • Program 2.3.B – Add a zoning classification of “Professional Office” in the City’s Zoning Ordinance to accommodate and encourage the development of professional office space.

Issue: The major office development during the General Plan was the construction of the City Hall and Police Department in 2012. Plans to build a branch Courthouse in Greenfield were publicly announced and then pulled back. No other office development has occurred in this zone and the rise of remote work as a consequence of the COVID pandemic has had significant negative impacts on office vacancy rates and the planned future development of offices.
• Program 2.3.C – Within one (1) year, prepare and adopt design guidelines requiring design standards for different scales of commercial development including regional commercial centers, highway commercial, neighborhood commercial centers, professional office, and downtown commercial. The design standards shall provide for the inclusion of residential uses in areas with Mixed-Use overlays.

Issue: The City has yet to adopt Commercial Design guidelines outside the Downtown Design Guidelines, which date to 2001.
• Policy 2.4.3 – Encourage existing industries to remain, expand and if necessary relocate within Greenfield.

Issue: The City has a number of industrial automotive uses within the Downtown that are legal non-conforming and would be better relocated to other locations. The City also has constraints regarding available industrial space for larger facilities. • Program 2.4.A – Periodically review the industrial land use designations within the General Plan Land Use Diagram to ensure that there is an adequate mix of parcel sizes, zoning and infrastructure to accommodate new industrial development.

Issue: This needs to be reviewed in light of the emergence of Cannabis in the previous General Plan cycle.
• Policy 2.6.5 – Utilize the Artisan Agriculture/Visitor Serving land use designation as a tool to retain agriculture and viticulture within the City, maintain the City’s agrarian character, create jobs, and to serve as a transitional land use between urban areas and intensive agriculture.
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Issue: This designation is not actively being used and no AA/VS facilities were constructed during the last General Plan. Consideration should be given to redefining or eliminating this land use and zoning designation.
• Policy 2.6.6 – Promote agritourism, the local wine industry and capitalize on the established wine road as an economic opportunity.

Issue: With the decline in area tasting rooms, does this continue to be a priority for the City and region?
• Program 2.6.C – Land designated on the Land Use Map as “Residential Reserve” and in agricultural production shall not be converted to residential uses until the following findings are made: 1) that the development of the land will contribute to the establishment of a stable urban limit, and 2) that 80% of the land designated in the City for residential uses has been developed or has been approved for such development.

Issue: The City did not complete development of a number of developments within the 2005 General Plan and did not need to consider utilizing the Residential Reserve properties. With a lower forecast for housing, the City will need to consider if a Residential Reserve policy is needed for the upcoming General Plan. • Program 2.6.E – Within fifteen (15) years for the adoption of the General Plan, update and revise the City’s Sphere of Influence Study.

Issue: The City will determine if it desires to amend the Sphere of Influence for the next General Plan.
• Policy 2.7.4 - Encourage new development to incorporate trails, bicycle paths, pedestrian crosswalks, and active and passive open space into site design.

Issue: While significant investment has been made into sidewalks, the City may wish to further prioritize trails and bicycle paths in the upcoming General Plan. • Policy 2.8.2 – Encourage continued downtown redevelopment, consistent with the adopted design guidelines, streetscape plans and the redevelopment plan.

Issue: The City should ensure its ability to enforce design guidelines and finance public improvements prior to making significant commitments in the upcoming General Plan. • Program 2.8.A – Require future development to employ planning principles (including but not limited to Traditional Neighborhood Design and New Urbanist design) that enhance community character is project design such as, but not limited to, creating distinct neighborhoods with schools, parks, and commercial services within walking distance, promoting bicycling and walking by creating pedestrian and bicycle friendly streets and trails, and minimizing vehicle trips.
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Issue: The City will need to consider how to move forward, given the recent history of TND in Greenfield. With the increase in ADU’s and more specifically garage conversions, many concerns have been expressed about the lack of open space, parking, and the width of streets.
• Program 2.8.C –Implement regulations requiring pedestrian-friendly design in the downtown such as attractive storefront display windows, sidewalk cafes, exterior seating, and pedestrian-scale signage.

Issue: The City has had varied levels of enforcement concerning these types of issues and the needs of downtown business owners. The City should consider how to implement or amend this program in the upcoming General Plan.

The City is also actively working on the Recreation and Open Space Element, in conjunction with the Parks Master Plan process that is currently ongoing with the Parks & Recreation Department. The Master Plan will fit into the updated General Plan by updating policies and plans related to future growth within Greenfield as it relates to the maintenance, improvement of existing policies and construction of new park facilities throughout the City.

In addition, the City has been working on outreach activities related to the General Plan in coordination with the Community Engagement Department, including the launch of the project website, attendance at public events such as the Teen Summitt and Senior Social. It is anticipated that there will be many opportunities over the next two years to offer input and comment on the General Plan. The presentation will discuss more outreach opportunities coming up over the next few months.

Timeline
The General Plan Update is intended to take approximately two years to complete in order complete sufficient public outreach, to modify all elements, and write new ones. Other tasks required to be completed include a number of technical studies that will need to be contracted for such as traffic studies and a Climate Action Plan, and the General Plan will require an comprehensive Environmental Impact Report under the California Environmental Quality Act (CEQA).

Recommendation
It is recommended that the City Council receive the report regarding the General Plan Update and provide any desired feedback. No formal action is needed at this time. There will be multiple opportunities to comment on the project as it progresses.

Attachment
2005 General Plan Accomplishment Report – Land Use Element 244
2005 Greenfield General Plan Accomplishment Report – Land Use Element The Land Use Element is the core of the General Plan and is typically the element most frequently consulted. The Land Use Diagram designates land uses for all lands within the City and its future growth area and visually depicts the community’s intended physical form and areas for growth.

The Land Use Diagram is supported by text that describes building intensity, popula�on density, and development expecta�ons of the Greenfield community. The framework of Goals and Policies will guide the community's decision making throughout the term of the General Plan. The element also iden�fies implementa�on ac�ons that will be required to bring about the development envisioned in the Land Use Plan.

Overview of Major Land Use Issues from 2005 & Summary of Accomplishments • Con�nue efforts to redevelop the downtown area, including the establishment of a museum and park, to create a sense of place for the City. - The City has recently been ac�ve in developing the Tom Rogers Visitors Center project, acquiring a mobile building to the site.
- The City has con�nued to engage on downtown development, working on developing the El Camino Real Streetscape Plan in the early 2010’s. With the loss of Redevelopment Agencies, funding was pulled for the construc�on of the project.
- The City has held mul�ple events, including Farmers Markets at the Village Green park south of Elm Avenue.
- A number of projects developed on previously vacant parcels during the General Plan (El Camino Wash & Dry Building, O’Reilly Auto Parts, Dollar General) • Maintain and enhance architecturally significant, landmark, and historic buildings. - The City con�nues to work on this project to maintain and enhance exis�ng significant buildings and is currently working with the owners of the Beyer Building on the corner of Oak Avenue and El Camino Real on these items. • Create atrac�ve “gateways” to the community, including signs incorpora�ng Greenfield’s logo, at entrances to the City.
- The City completed installa�on of the new entrance signs in 2024. • Con�nue efforts to improve the jobs/housing balance by encouraging the expansion of exis�ng businesses and industries and the loca�on of new businesses to create more jobs in a greater variety of employment opportuni�es.
- During the implementa�on of the General Plan, the cannabis industry added mul�ple facili�es within the City, adding addi�onal manufacturing space and crea�ng numerous jobs in the community.
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- The City brought in an expanded grocery store (Rancho San Miguel) and has added a number of smaller retail outlets, including in the downtown area and along both sides of the Walnut Avenue corridor.
• Con�nue efforts to provide affordable housing, including the adop�on of an inclusionary housing ordinance.
- The City adopted the Inclusionary Housing Ordinance in 2006 in response to the significant building of single-family homes in that �me period. - The City has met its RHNA targets by significant margins for the 4th and 5th Cycle, and will likely hit its targets for the 6th cycle with the comple�on of current affordable housing projects in the pipeline.
• Develop market-rate “move-up” housing and an area for “residen�al estates” to encourage families to stay in Greenfield.
- The City approved the Vines residen�al project south of Greenfield High School, that contained a larger lot component. Due to current market condi�ons, the project has been revised and yet to be developed. The area designated Residen�al Estate was not developed or en�tled during the General Plan period. • Enhance the character of the community by developing vibrant neighborhoods with housing and neighborhood commercial centers that complement the City’s agricultural heritage.
- Significant single-family neighborhood residen�al growth occurred on the east side of US 101, along with a number of mul�-family complexes on the west side of US 101. Iden�fied neighborhood commercial zoning districts were not developed during the General Plan �meline.
• Encourage the redevelopment of sub-standard and underu�lized exis�ng facili�es and sites in areas designated for commercial and industrial use. - Exis�ng commercial and industrial spaces have typically remained mostly occupied with limited vacancies. The largest redevelopment project of exis�ng space was the renova�on of the Rancho San Miguel grocery store at the Santa Lucia Square, which was a complete remodel of the former Nob Hill / SuperMax store site, and included the expansion of an addi�onal 10,000 adjacent square feet that was a former furniture store.
• Create more open space, recrea�onal facili�es, parks, and a citywide trail system and integrate these facili�es into new development.
- The City doubled the size of Patriot Park in 2011 by purchasing 20-acres of adjacent land from Scheid Vineyards for the development of soccer fields - Through State Proposi�on 84 funds, the City built the new Greenfield Community Park on the corner of 3rd Street and Apple Avenue.
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- The City received a grant from State Proposi�on 68 to construct a Recrea�on Center on the northwest corner of Apple Avenue and 12th Street. • Encourage regional commercial development consistent with design standards appropriate to the City’s character.
- The Walnut Avenue Specific Plan was approved in 2012 in advance of the first development in the area with specific design guidelines. Projects in the plan area developed in the last twenty years included the first phase of The Vines in Greenfield, the Chevron Travel Center, and the Avila Housing Project. • Adopt policies to require compact city growth to minimize conversion of agricultural land.

Require buffers between residen�al development and adjacent agricultural uses. - Residen�al areas developed adjacent to agricultural areas require buffers in coordina�on with Monterey County LAFCo and the Monterey County Agricultural Commissioner. This is most evident from construc�on of the 2nd Street buffer between Oak and Walnut Avenues.
• Use “reserve” designa�ons on land adjacent to the Planning Area boundaries and require the development of the majority of non-reserve land in the same land use designa�on prior to development of “reserve” areas.
- Given the lower rate of development over the last 15 years of the General Plan cycle, the City did not take ac�on to develop reserve areas within the Land Use Element. Sufficient non-reserve land remains available for development in the upcoming General Plan cycle.

SPECIAL PLANNING AREAS
The City recognizes that certain geographic areas within and surrounding the City merit special considera�on. The following Special Planning Areas were established in the 2005 General Plan to iden�fy the opportuni�es and constraints unique to these areas and to provide further direc�on regarding the City’s expecta�ons for development in these areas.

Thorne Road AA/VS Planning Area
Descrip�on: The Thorne Road Planning Area encompassed approximately 300 acres of land located south of Thorne Road and East of 3rd Street. Adjacent exis�ng land uses include agriculture (row crops and vineyards), residen�al, and industrial uses. Back in 2005 and even now in 2025, most of the Thorne Road Special Planning Area is currently in agricultural produc�on.

The Thorne Road Planning Area concept was to promote agricultural tourism. The land use designa�on has allowed for the con�nued use of the land for vineyards and crop produc�on with small-scale organic farming would be encouraged. These agricultural uses would provide educa�onal and interes�ng ac�vi�es for tourists, school groups, and local residents. Organic produc�on would be required in order to minimize impacts from pes�cides and herbicides on 247
visitor serving uses. Types of crops envisioned include vineyards, heirloom fruits and vegetables, herbs, flowers, ornamental plants, orchards, and similar uses. In addi�on, kennels and hatcheries would be permited. Along with the agricultural uses, visitor serving uses such as bed and breakfasts, inns, and other lodging would be allowed. Small cafes, delis, retail facili�es, and mixed-use home-based businesses would also be appropriate uses. Both the agricultural uses and the visitor serving uses within this designa�on would provide entry-level employment. In addi�on, the designa�on also provides for home-based and other small-scale business development opportuni�es.

Result: Upon review of the previous General Plan cycle, it is apparent that none of these envisioned opportuni�es came to frui�on. One of the ques�ons for the City to decide is whether it should con�nue to promote this form of agritourism and the land use designa�on and just as importantly what zoning alterna�ves should be considered for the land. Given the rate of development over the past 20 years, the City may perhaps want to consider removing it from the upcoming General Plan en�rely.

Industrial Park Planning Area
The Industrial Park designa�on was designed as an overlay for light industrial areas. This special planning area is located along both sides of El Camino Real a few blocks south of the northern entrance to Greenfield. While there is an exis�ng industrial park located in the southeast part of the City, this area was not included within this special planning area. The intent of the overlay was to provide an area in the City for light industrial uses where development occurs in a cohesive manner using appropriate design, signage, and landscaping guidelines. Among appropriate uses for this designa�on are research and development facili�es, light manufacturing and assembly, high-tech and precision fabrica�on, and similar businesses. By crea�ng a loca�on for business atrac�on, the City hopes to generate needed job crea�on opportuni�es in the community. In addi�on, the guidelines to be associated with this overlay would result in a more atrac�ve entrance to the City’s downtown area.

Result: The most significant development in the Industrial Park Planning Area was during the period where the City approved mul�ple licenses related to the Cannabis industry. While the majority of parcels in the area had plans for development of cannabis-related facili�es, one site of significance in the Industrial Area is located on Cherry Avenue, adjacent to the Greenfield Memorial Hall.

Mixed-Use Planning Areas
Downtown Mixed-Use
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The Downtown Mixed-Use Planning Area encompasses the area from mid-block between Pine Avenue and Cherry Avenue south to Elm Avenue along both sides of El Camino Real. The underlying General Plan designa�ons are Downtown Commercial and Professional Office. The Mixed-Use overlay is intended to encourage the development of residen�al units on upper floors.

The City supports an intensifica�on of both commercial and residen�al uses within the Downtown Mixed-Use Area. Projects that combine residen�al and commercial uses have the advantage of presen�ng street level shopping and services, while increasing the general ac�vity in the downtown through upstairs residences. Design guidelines for the downtown have already been adopted. Other mixed-use development requirements will be adopted when the zoning ordinance is updated.

Result: Development in this zone was generally limited to new projects on vacant lots, such as McDonalds, Dollar General and O’Reilly Auto Parts. The new Civic Center was also constructed in this zone. No new residen�al construc�on or mixed-use development occurred over the last twenty years in this area. One of the biggest policy deterrents to allowing mixed-use development was the requirement of 3,500 square feet of commercial per residen�al unit.

St. Charles Place Mixed-Use
The St. Charles Place development is located on the southern end of the City, between El Camino Real and Highway 101. The site is bounded by Espinosa Road to the south and Elm Street to the north.

The proposed development includes a mix of apartments and higher density residen�al units as well as space for commercial uses fron�ng El Camino Real and other key loca�ons. The purpose of providing mixed use development is to create an opportunity for affordable housing, combined with appropriate business and commercial uses, in an integrated neighborhood. As part of the St.

Charles Place development, design guidelines and other requirements have been imposed on both the site plan and construc�on. These guidelines address exterior appearance, landscaping, signage, and other criteria. The Land Use designa�on for this part of the St. Charles Place development, located along El Camino Real, is downtown commercial. The area just south of Elm Street is designated with a “mixed-use” overlay. A “Gateway” overlay is designated on property immediately south of this area, along El Camino Real at the southern entrance to the City.

Result: This area has been mostly developed, with a few vacant single-home sites and two vacant pads s�ll remaining. While all of the mul�-family mixed-use project was built, the owners had significant difficul�es atrac�ng commercial tenants to fill the commercial space in the project, especially in the areas behind the Village Green park off of El Camino Real. These spaces were converted into ground floor apartments.
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Ar�san Agriculture/Visitor Serving
As described previously, an area on the north side of the City is designated as Ar�san Agriculture/Visitor Serving. This designa�on, with a 5-acre minimum parcel size, encourages and protects small-scale farming as the primary land use. However, compa�ble visitor serving uses such as bou�que wineries, tas�ng rooms, lodging, cafes, and recrea�onal facili�es are also permited. Residen�al units may also be permited in this designa�on. Specific criteria for AA/VS residen�al units will be included in the update of the zoning ordinance following the adop�on of the City’s General Plan update. Generally, a unit for an owner, manager, or caretaker is permited.

Units that provide space for home-based services and businesses are also encouraged. The purpose of these live/work units is to encourage small-scale business development while providing affordable housing opportuni�es. The live/work units will provide a residence joined with space for a home-based cra� or business, such as ar�sts’ studios, specialty foods, woodworking, custom handiwork, and other cotage industries.

Result: Upon review of the previous General Plan cycle, it is apparent that none of these envisioned opportuni�es came to frui�on. One of the ques�ons for the City to decide is whether it should con�nue to promote this form of agritourism and the land use designa�on and just as importantly what zoning alterna�ves should be considered for the land. Given the rate of development over the past 20 years, the City may perhaps want to consider removing it from the upcoming General Plan en�rely.

Gateway Planning Areas
Crea�ng atrac�ve entries to the City and to its major residen�al and commercial developments will enhance Greenfield’s sense of place. In addi�on, these entries can provide a transi�on between the surrounding fields and vineyards and the City. Gateway areas should create visual interest and emphasize dis�nc�ons between the City’s commercial and industrial areas and residen�al neighborhoods. A Gateway overlay designa�on is provided for areas at the north and south entrances to the community. The standards for development within the Gateway overlay will require aten�on to aesthe�cs, landscaping, and signage to ensure that those entering the City of Greenfield are provided with an atrac�ve view that reinforces the character of the community. Gateways signs, within the Gateway overlay areas and at entry points to the City along major roadways, will help to create an iden�ty for Greenfield.

Result: No development in Gateway zones occurred on either the north or south entry points for the City during the General Plan horizon.

Yanks Air Museum Project
Within the Gateway Overlay area north of Thorne Road is the planned Yanks Air Museum project.

This 111-acre area has been planned for a combina�on of uses including an air museum, runway 250
and hanger facili�es, hotel/motel, winery and tas�ng room, and commercial uses including restaurants and gasoline service sta�ons. An EIR was prepared in 1997 and the County of Monterey subsequently approved the project. The City of Greenfield applied for and Monterey County LAFCO approved a Sphere of Influence Amendment to bring the project area within the City’s SOI. This ac�on was completed to facilitate the extension of City Services (sewer and water) to the site, and to set the stage for eventual annexa�on of the Yanks Air Museum project into the City of Greenfield. A Memorandum of Understanding between the County of Monterey and the City of Greenfield documents the future use, vision and annexa�on procedures for this property.

The Yanks Air Museum project is an�cipated as the primary use within this Gateway Overlay area north of Thorne Road. The General Plan (and EIR) has assumed the Yanks project within the General Plan’s development assump�ons. As such, any applica�on to construct the site as originally proposed and to annex the site into the City as originally intended would be considered consistent with the General Plan Land Use Element. This recogni�on of the Yanks project is part of the City’s land use program, despite the fact that the uses proposed assume more development than would normally be allowed by the underlying AAVS land use designa�on. As a Gateway Planning Area, any proposal for this loca�on (Yanks Air Museum or other) would be subject to specific design guidelines that require aten�on to aesthe�cs, landscaping and signage to recognize the loca�on as an important point of entry into the City of Greenfield.

Result: The property was annexed into the City and a Development Agreement with the City and Yanks was executed. The Yanks RV Park was developed in 2013 and addi�onal infrastructure for following phases was installed in 2018. No addi�onal development has occurred since that �me.

Review of Adopted Goals, Policies & Programs
In the Land Use Element, there are 9 Goals, 57 Policies, and 39 Programs listed that cover mul�ple subjects. This is a summary of accomplishments and items for considera�on during the General Plan period.

Goal 2.1 General - Ensure that redevelopment and new development is designed, sited, and constructed in a manner that creates a balanced and desirable city, maintains and enhances the character and best quali�es of the community, and ensures that Greenfield remains economically viable.

Major Accomplishments
Program 2.1.A – The City completed a comprehensive revision of the Zoning Code following adop�on of the General Plan in 2007. The updated code established zoning districts and overlays, revised the zoning map, adopted requirements for Specific Plan (SP) and Planned Unit 251
Development (PUD) submitals and processing, and adopted appropriate regula�ons for all new General Plan designa�ons and overlays.

Items for Future Considera�on
Policy 2.1.6 – Limit intensive commercial and industrial development to the industrial park on the north side of the City and areas east of Highway 101.

Issue: A few industrial parcels in the north of the City were developed for Cannabis purposes, no expansion occurred in the east or south industrial area.

Policy 2.1.11 – The City shall encourage industrial and large-scale commercial uses in areas designated as such and shall discourage such uses in close proximity to residen�al areas, schools or other incompa�ble use.

Issue: There are exis�ng parcels for industrial and commercial that are located in close proximity to residen�al uses.

Policy 2.1.14 – Encourage projects to u�lize Tradi�onal Neighborhood Development (TND) and New Urbanist design principles when such projects would provide tangible public benefit.

Issue: Concerns expressed over narrow streets and limited on-street parking in subdivisions causing street conges�on, including impacts of new ADU’s.

Program 2.1.B – The City shall complete a comprehensive revision of the Subdivision Ordinance following adop�on of the General Plan to establish consistency with the updated General Plan.

Issue: This was not completed and has not been updated since 1966. While an update is warranted, City resources are somewhat limited.

Program 2.1.C – A fiscal impact analysis shall be required as part of applica�on submissions for projects with the poten�al for significant fiscal impacts. The City shall adopt appropriate standards and requirements for the fiscal impact analysis.

Issue: The City has yet to adopt standards and requirements for fiscal impact analysis.

Goal 2.2 Residen�al - Create new residen�al neighborhoods and preserve exis�ng neighborhoods to improve quality of life in Greenfield.

Major Accomplishments
Many major single-family residen�al projects were built during the General Plan cycle by a number of major builders, including Creekbridge, Harrod, Standard Pacific, and Nino Homes.

Affordable Housing providers like CHISPA were also ac�ve during this �me period. Over 1,500 housing units were built in Greenfield since 2005.
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Items for Future Considera�on
Program 2.2.B – Within one (1) year following the adop�on of the General Plan, revise and adopt residen�al subdivision and mul�-family housing design guidelines (Residen�al Design Guidelines).

Issue: The City has yet to approve Design Guidelines for residen�al development. In addi�on, HCD has expressed concern about the Design Review process as an impediment to the construc�on of housing.

Program 2.2.C – Establish policies and standards that facilitate compliance with the Americans with Disabili�es Act (ADA).

Issue: The City has been proac�ve on ADA compliance for sidewalks, etc. and a comprehensive Citywide ADA Transi�on Plan would assist in that effort.

Goal 2.3 Commercial – Support the reten�on and expansion of exis�ng commercial centers and establishments, and encourage new, high-quality commercial development in the City to meet growing needs.

Major Accomplishments
Policy 2.3.6 – A number of commercial businesses came into the City of Greenfield over the past twenty years, and the City completed the Walnut Avenue Specific Plan in 2013, which sparked the development of The Vines at Greenfield project and the Greenfield Travel Center. Addi�onal projects along the Walnut Avenue corridor are in various stages of planning approvals.

Future Issues for Considera�on
Policy 2.3.6 – Encourage the loca�on of highway commercial uses, such as gas sta�ons, convenience stores, and restaurants, in areas convenient to regional travelers.

Issue: The City should review the defini�ons of “service sta�ons without vehicle service” and the CUP that allows gas sta�ons in Retail business (C-H) areas or downtown on ECR and Oak in the Zoning Code.

Program 2.3.A – Periodically review the commercial land use designa�ons within the General Plan Land Use Diagram to ensure that there is an adequate mix of parcel sizes, zoning, and infrastructure to accommodate new commercial development.

Issue: There is a significant overabundance of Regional Commercial designated land that was not developed in the previous General Plan cycle that will need to be evaluated. In addi�on, the City may wish to review the land use assump�ons within the Yanks development, the Walnut Avenue Specific Plan, and the South End site.
253
Program 2.3.B – Add a zoning classifica�on of “Professional Office” in the City’s Zoning Ordinance to accommodate and encourage the development of professional office space.

Issue: The major office development during the General Plan was the construc�on of the City Hall and Police Department in 2012. Plans to build a branch Courthouse in Greenfield were publicly announced and then pulled back. No other office development has occurred in this zone and the rise of remote work as a consequence of the COVID pandemic has had significant nega�ve impacts on office vacancy rates and the planned future development of offices.

Program 2.3.C – Within one (1) year, prepare and adopt design guidelines requiring design standards for different scales of commercial development including regional commercial centers, highway commercial, neighborhood commercial centers, professional office, and downtown commercial. The design standards shall provide for the inclusion of residen�al uses in areas with Mixed-Use overlays.

Issue: The City has yet to adopt Commercial Design guidelines outside the Downtown Design Guidelines, which date to 2001.

Program 2.3.D – Apply the Regional Commercial Center Overlay to lands that are annexed for regional Highway Commercial development.

Issue: The City may wish to review the Regional Commercial Center Overlay designa�on.

Goal 2.4 Industrial – Provide land with available infrastructure to atract light and heavy industrial uses suitable to Greenfield to help achieve an appropriate jobs/ housing balance.

Major Accomplishments
The City atracted a number of cannabis firms to the City of Greenfield on industrial zoned proper�es to increase jobs and local revenue.

Issues for Future Considera�on
Policy 2.4.3 – Encourage exis�ng industries to remain, expand and if necessary relocate within Greenfield.

Issue: The City has a number of industrial automo�ve uses within the Downtown that are legal non-conforming and would be beter relocated to other loca�ons. The City also has constraints regarding available industrial space for larger facili�es.

Program 2.4.A – Periodically review the industrial land use designa�ons within the General Plan Land Use Diagram to ensure that there is an adequate mix of parcel sizes, zoning and infrastructure to accommodate new industrial development. 254
Issue: This needs to be reviewed in light of the emergence of Cannabis in the previous General Plan cycle.

Program 2.4.B – Within two (2) years, establish an industrial business reten�on and atrac�on program to encourage exis�ng businesses to remain and expand within the Greenfield Planning area.

Issue: This program was not completed during the previous General Plan. The City should evaluate op�ons based on its resources and land use constraints.

Program 2.4.C – Within two (2) years, develop design guidelines and performance standards for the construc�on, development, and opera�on of industrial uses (Light industrial, Industrial Park, and Heavy Industrial). The performance standards shall address noise, odor, vibra�on, visual impacts, and similar poten�al impacts.

Issue: The City has yet to adopt Industrial Design Guidelines.

Goal 2.5 Historic Resources – Encourage the protec�on of historic, landmark or other structures significant to the City.

Items For Future Considera�on
Policy 2.5.4 – Consider reducing or waiving certain development requirements (where public safety and the general welfare is not impaired) to encourage the reuse of exis�ng significant or historic structures.

Program 2.5.B – Support and facilitate grant applica�ons for inventorying, renova�ng, and restoring significant and historic commercial and residen�al throughout the City.

Issue: The City should review the possibility of using this policy to apply for historical building protec�ons, preserva�ons, and rehabilita�on grants for historic structures.

Program 2.5.C – Create and periodically update the City’s inventory of historic resources.

Issue: The City has not created an inventory of historic resources. The City will need to determine if this is a priority for the next General Plan.

Goal 2.6 Agricultural Resources - Preserve and protect the viability of agricultural areas surrounding Greenfield and within the Planning Area while promo�ng planned, sustainable growth.

Major Accomplishments
255
The City of Greenfield made a comprehensive update to its Sphere of Influence in 2007, adding in a majority of new land into the Sphere that was designated for development in the 2005 General Plan.

The City also adopted a Memorandum of Agreement with Monterey County and Monterey County LAFCo in 2013, which among other things ensured policies and procedures to ensure the viability of agriculture adjacent to the City Limits through the use of buffers and strategically plan preserva�on of the most prime farmland and establish policies for annexa�on of areas of importance to the City.

Items for Future Considera�on
Policy 2.6.5 – U�lize the Ar�san Agriculture/Visitor Serving land use designa�on as a tool to retain agriculture and vi�culture within the City, maintain the City’s agrarian character, create jobs, and to serve as a transi�onal land use between urban areas and intensive agriculture.

Issue: This designa�on is not ac�vely being used and no AA/VS facili�es were constructed during the last General Plan. Considera�on should be given to redefining or elimina�ng this land use and zoning designa�on.

Policy 2.6.6 – Promote agritourism, the local wine industry and capitalize on the established wine road as an economic opportunity.

Issue: With the decline in area tas�ng rooms, does this con�nue to be a priority for the City and region?
Program 2.6.A – Develop and adopt local standards for the conversion of agricultural land or changes in the designa�on of agriculturally-designated lands.

Issue: In 2024, LAFCo adopted a policy on this issue. The City is commited to pursuing a regional policy, but consensus has not been reached to date on this mater.

Program 2.6.C – Land designated on the Land Use Map as “Residen�al Reserve” and in agricultural produc�on shall not be converted to residen�al uses un�l the following findings are made: 1) that the development of the land will contribute to the establishment of a stable urban limit, and 2) that 80% of the land designated in the City for residen�al uses has been developed or has been approved for such development.

Issue: The City did not complete development of a number of developments within the 2005 General Plan and did not need to consider u�lizing the Residen�al Reserve proper�es. With a 256
lower forecast for housing, the City will need to consider if a Residen�al Reserve policy is needed for the upcoming General Plan.

Program 2.6.E – Within fi�een (15) years for the adop�on of the General Plan, update and revise the City’s Sphere of Influence Study.

Issue: The City will determine if it desires to amend the Sphere of Influence for the next General Plan.

Program 2.6.F – Produce and release promo�onal materials in consulta�on with the Chamber of Commerce or other specific to the winery, tourism and agritourism opportuni�es in Greenfield.

Issue: Given the difficul�es in maintaining an ac�ve Chamber of Commerce and developing regional tourism, the City will determine if this approach will con�nue into the upcoming General Plan.

Goal 2.7 Parks & Recrea�on – Provide a variety of parks, recrea�onal facili�es, open space, and system of trails to ensure residents have adequate public and private recrea�onal and alterna�ve transporta�on opportuni�es.

Major Accomplishments
The City of Greenfield added a number of park facili�es during the General Plan cycle, including a number of mini-parks within new residen�al subdivisions, the 20-acre expansion of Patriot Park in 2011 to accommodate new soccer fields, and the development of the Greenfield Community Park completed in 2017 the first community park on the east side of US 101.

In addi�on, significant improvements were made to Patriot Park, including the construc�on of a Community Center, new basketball courts, a regula�on Litle League field with lights, new so�ball field, and improved Junior League baseball field.

Items for Future Considera�on
Policy 2.7.4 - Encourage new development to incorporate trails, bicycle paths, pedestrian crosswalks, and ac�ve and passive open space into site design.

Issue: While significant investment has been made into sidewalks, the City may wish to further priori�ze trails and bicycle paths in the upcoming General Plan.

Goal 2.8 Community Character and Design – Improve the community’s physical appearance through crea�ve planning, redevelopment and design of new development areas.

Major Accomplishments
257
The City implemented a number of Tradi�onal Neighborhood Design and New Urbanist projects, such as Lexington, Tradi�ons, and St. Charles Place. In addi�on, the “Green Building” as encouraged in the 2005 General Plan were codified as part of the California Building Code.

Items for Future Considera�on
Policy 2.8.2 – Encourage con�nued downtown redevelopment, consistent with the adopted design guidelines, streetscape plans and the redevelopment plan.

Issue: The City should ensure its ability to enforce design guidelines and finance public improvements prior to making significant commitments in the upcoming General Plan.

Policy 2.8.3 – Encourage the plan�ng of street trees in downtown and throughout the City to provide shade and visual interest.

Issue: The City has many areas that lack plan�ng with street trees. The City should consider areas of priority should it pursue this program in the future, with considera�on given to the prevailing winds.

Policy 2.8.4 – Encourage trails, bicycle paths, and Americans with Disabili�es Act (ADA) accessible sidewalks in street improvement programs.

Issue: The City should consider how to increase funding and resources as it considers con�nuing to plan for complete streets.

Program 2.8.A – Require future development to employ planning principles (including but not limited to Tradi�onal Neighborhood Design and New Urbanist design) that enhance community character is project design such as, but not limited to, crea�ng dis�nct neighborhoods with schools, parks, and commercial services within walking distance, promo�ng bicycling and walking by crea�ng pedestrian and bicycle friendly streets and trails, and minimizing vehicle trips.

Issue: The City will need to consider how to move forward, given the recent history of TND in Greenfield. With the increase in ADU’s and more specifically garage conversions, many concerns have been expressed about the lack of open space, parking, and the width of streets.

Program 2.8.B –Pursue State, Federal, and other poten�al funding sources to implement the con�nued redevelopment and visual enhancement of the downtown area.

Issue: The City has typically had limited staff to pursue these types of programs and should consider if this program should be priori�zed.

Program 2.8.C –Implement regula�ons requiring pedestrian-friendly design in the downtown such as atrac�ve storefront display windows, sidewalk cafes, exterior sea�ng, and pedestrianscale signage. 258
Issue: The City has had varied levels of enforcement concerning these types of issues and the needs of downtown business owners. The City should consider how to implement or amend this program in the upcoming General Plan.

Goal 2.9 Signage and Monumenta�on - Establish a sense of community character through the use of consistent sign regula�ons and design standards.

Major Accomplishments
In 2024, the City installed new gateway freeway signs at each end of the City on US 101. The signs, which were designed to mimic previously exis�ng signs that had fallen down a number of years ago.

Items for Future Considera�on
Program 2.9.A – Adopt sign regula�ons to provide for consistency in signage throughout the City to enhance rural community character.

Issue: The City will need to consider if it is a priority to establish new sign regula�ons or consider any significant changes to exis�ng sign policy.
259
1 City Council Memorandum 599 El Camino Real Greenfield CA 93937 831-674-5591 www.ci.greenfield.ca.us
MEMORANDUM: 06/27/2025
AGENDA DATE: 07/08/2025
TO: Mayor and City Council
FROM: Guillermo Mixer, Director of Public Safety
TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF GREENFIELD ACCEPTING AND
APPROPRIATING FUNDS IN FISCAL YEAR 2025/2026
IN THE AMOUNT OF $73,003.32 FROM THE UNITED

STATES DEPARTMENT OF JUSTICE EQUITABLE
SHARING PROGRAM.

BACKGROUND
The Greenfield Police Department is proud to maintain strong, collaborative partnerships with our federal law enforcement counterparts, working together to investigate and disrupt criminal organizations that positively impact our community and region. Through these joint efforts, we participate in federally coordinated investigations that target serious crimes, including narcotics trafficking, violent offenses, and organized criminal enterprises. As part of this collaboration, the Greenfield Police Department is eligible to receive funds through the United States Department of Justice Equitable Sharing Program (Program), which allows local agencies to share in the proceeds of asset forfeitures resulting from successful federal investigations. These resources are vital in supporting our mission to protect the community and enhance public safety.

DISCUSSION
Two federal cases have adjudicated, and the Greenfield Police Department has received two deposits – 1) $63,643.32 on June 13, 2025, and 2) $9,360.00 on June 16, 2025, as a result our work on these federal cases.

The United States Department of Justice and the Department of the Treasury set the policies for the Equitable Sharing Program. Attached is the Guide to Equitable Sharing.

In short, the guide states, “Agencies may use equitably shared funds only for law enforcement purposes that directly supplement the agency’s appropriated resources. State, local, or tribal law enforcement agencies will not receive equitable sharing if the governing body or state, local, or tribal law, regulation, or policy requires or directs (1) specific expenditures of shared funds, (2) the transfer of federal equitable sharing funds to non-participating law enforcement agencies, or (3) expenditures for non-law enforcement purposes. 260
2 In addition, the funds cannot be used to supplant resources, but instead, must be used to supplement or increase frontline law enforcement efforts.

Staff will be using the funds to purchase a police vehicle, training, and improvement projects that directly benefit frontline law enforcement efforts.

If accepted, the funds will be deposited into the Asset Forfeiture and Equitable Sharing Account 100-43694.000 and encumbered in the DOJ Asset Forfeiture and Equitable Sharing Expenditure Account 100-215-74100.000.

FINANCIAL IMPACT
None.

PROPOSED MOTION
I MOVE TO APPROVE RESOLUTION #2025-69, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF GREENFIELD ACCEPTING AND
APPROPRIATING FUNDS IN FISCAL YEAR 2025/2026 IN THE AMOUNT OF $73,003.32 FROM THE UNITED STATES DEPARTMENT OF JUSTICE EQUITABLE SHARING PROGRAM.

Attachments:
a) Resolution
b) DOJ Guide to Equitable Sharing
261
RESOLUTION NO. 2025-69

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GREENFIELD ACCEPTING AND APPROPRIATING FUNDS IN FISCAL
YEAR 2025/2026 IN THE AMOUNT OF $73,003.32 FROM THE UNITED

STATES DEPARTMENT OF JUSTICE EQUITABLE SHARING

PROGRAM
WHEREAS, the United States Department of Justice and the Department of the Treasury implemented the Asset Forfeiture and Equitable Sharing Program for State, Local, and Tribal Law Enforcement Agencies to supplement front-line law enforcement purposes; and WHEREAS, the Greenfield Police Department, through collaborative investigative efforts, is eligible to receive asset forfeiture funds from federal cases; and WHEREAS, the United States Department of Justice and the Department of the Treasury outline this money be spent for front line law enforcement purposes and may not be used to supplant any existing law enforcement services provided by the City or intermingled with General Fund dollars.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Greenfield to accept and appropriate $73,003.32 to the following Asset Forfeiture and Equitable Sharing Fund Accounts:

1. Accept into Asset Forfeiture and Equitable Sharing Account 100-43694.000 and transfer to DOJ Asset Forfeiture and Equitable Sharing Expenditure Account 100-215-74100.000.

PASSED AND ADOPTED by the City Council of the City of Greenfield, at a regular meeting of the City Council held on the 22nd day of July 2025, by the following vote:

AYES, and all in favor, therefore, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:
_______________________________
Robert White, Mayor
Attest:
___________________________
Ann F. Rathbun, City Clerk
262
Guide to Equitable Sharing
for State, Local, and Tribal
Law Enforcement Agencies
March 2024
263
264
Guide to Equitable Sharing | i

CONTENTS CONTENTS
Foreword.................................................................................................................................... iii I. Asset Forfeiture Programs and Equitable Sharing Overview.................................................1 A. Department of Justice Asset Forfeiture Program..........................................................................1 B. Department of the Treasury Asset Forfeiture Program ...............................................................2 C. Equitable Sharing Program...............................................................................................................3 II. Which Agencies May Participate in the Equitable Sharing Program? .................................5 A. Eligible Agencies.................................................................................................................................5

1. State, Local, or Tribal Law Enforcement Agencies....................................................5

2. State and Local Prosecutorial Agencies.......................................................................5

3. State National Guard Counterdrug Unit.....................................................................6 B. Ineligible Agencies..............................................................................................................................6

1. Task Forces......................................................................................................................6

2. Federal Agencies ............................................................................................................7

3. Non-Governmental Entities.........................................................................................7 III. How Do Agencies Participate in the Equitable Sharing Program? .....................................8 A. Joining the Equitable Sharing Program..........................................................................................8 B. Compliance..........................................................................................................................................8

1. ESAC Compliance..........................................................................................................8

2. Civil Rights Compliance ...............................................................................................9 C. Participating in a Federal Forfeiture................................................................................................9 IV. What Is the Process to Apply for and Receive a Share? ......................................................10 A. Requesting an Equitable Share.......................................................................................................10

1. Department of Justice-Led Investigations................................................................10

2. Department of the Treasury-Led Investigations......................................................10 B. Calculating Shares.............................................................................................................................11

1. Federal Contribution...................................................................................................12

2. State, Local, and Tribal Contribution........................................................................12

3. Task Force Contribution .............................................................................................12

4. Spin-off Investigations.................................................................................................13

5. Distribution Cap ..........................................................................................................13 265
ii | Guide to Equitable Sharing
C. Department of Justice Equitable Sharing Deciding Authorities..............................................13

1. Federal Investigative Agency ......................................................................................13

2. United States Attorney.................................................................................................13

3. Department of Justice, Criminal Division................................................................13 D. Department of the Treasury Equitable Sharing Deciding Authorities...................................14

1. Federal Investigative Agency ......................................................................................14

2. Department of the Treasury, Treasury Executive Office for Asset Forfeiture......14 E. Common Causes of Sharing Payment Delay...............................................................................14 F. Sharing Is Always Based on Net Proceeds....................................................................................15 V. What Are the Uses of Equitably Shared Funds? ..................................................................16 A. General Guidance on Supplantation and Budgeting .................................................................16

1. Supplantation................................................................................................................16

2. Anticipated equitably shared funds should not be budgeted.................................16 B. Use of Shared Funds.........................................................................................................................17

1. Permissible Uses...........................................................................................................17

2. Impermissible Uses......................................................................................................20 C. Return of Equitably Shared Funds ................................................................................................22 D. Treasury Offset Program.................................................................................................................22 VI. What Are the Accounting Procedures and Requirements for Shared Proceeds? .............23 A. Bookkeeping Procedures and Internal Controls........................................................................23 VII. What Are the Reporting and Audit Requirements? ........................................................25 A. Agency Status....................................................................................................................................25 B. Equitable Sharing Agreement and Certification (ESAC) ..........................................................25 C. Extinguishment of Funds................................................................................................................26 D. Audit Requirements.........................................................................................................................26 E. Record Retention..............................................................................................................................26 F. Program and Policy Changes..........................................................................................................27 VIII. How Does an Agency Terminate Program Participation? .............................................28 IX. What If Agencies Do Not Comply with Program Requirements? ....................................29 266
Guide to Equitable Sharing | iii
Program Overview
Foreword
This Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies (Guide) applies to equitable sharing through both the Department of Justice and the Department of the Treasury’s Asset Forfeiture Programs (collectively, the Equitable Sharing Program).

This Guide replaces and supersedes all previous versions of the Guide and other previously issued guidance.

The Department of Justice and the Department of the Treasury may make further decisions and issue guidance independent of this Guide to ensure the integrity of the Program. In addition to the Guide and other guidance issued by the Department of Justice and Department of the Treasury, the Equitable Sharing Program is subject to other applicable federal laws, rules, regulations, and Executive Orders.

The Guide sets forth the Department of Justice and Department of the Treasury policies applicable to the Equitable Sharing Program. It does not, however, create or confer any legal rights, privileges, or benefits that may be enforced in any way by private parties. See United States v. Caceres, 440 U.S. 741 (1979). 267
268
Guide to Equitable Sharing | 1
Program Overview
I. Asset Forfeiture Programs and Equitable Sharing Overview Asset forfeiture is the taking of property by the government without compensation because of the property’s connection to criminal activity. It is a legal tool that enables the federal government to recover property that can be used to compensate victims of the crime underlying the forfeiture, among other important law enforcement interests.

A. Department of Justice Asset Forfeiture Program
The Department of Justice’s (Justice) Asset Forfeiture Program encompasses the seizure, forfeiture, and disposition of assets that represent the proceeds of, or were used to facilitate, federal crimes. The Attorney General exercises statutory authority to manage the Program. See 28 U.S.C. § 524(c)(1) (establishing the Justice Assets Forfeiture Fund (AFF), managed by the Attorney General).

The Asset Forfeiture Program has four primary goals:

1. To punish and deter criminal activity by depriving criminals of property used in or acquired through illegal activities.

2. To promote and enhance cooperation among federal, state, local, tribal, and foreign law enforcement agencies.

3. To recover assets that may be used to compensate victims when authorized under federal law.

4. To ensure the Program is administered professionally, lawfully, and in a manner consistent with sound public policy.

See Department of Justice, The Attorney General’s Guidelines on the Asset Forfeiture Program (July 2018) (Attorney General’s Guidelines)
The AFF receives the proceeds of forfeiture made pursuant to laws enforced or administered by members of Justice’s Asset Forfeiture Program. Thirteen agencies, including Justice agencies and components as well as non-Justice agencies, comprise the Asset Forfeiture Program’s membership:
• Asset Forfeiture Management Staff, Justice Management Division • Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) • Drug Enforcement Administration (DEA)
• Federal Bureau of Investigation (FBI)
• Money Laundering and Asset Recovery Section (MLARS), Criminal Division • Organized Crime Drug Enforcement Task Forces (OCDETF) • U.S. Attorney’s Offices (USAO)
• U.S. Marshals Service (USMS)
• U.S. Department of Agriculture – Office of Inspector General (USDA-OIG) • U.S. Department of Defense – Defense Criminal Investigative Service (DCIS) 269
2 | Guide to Equitable Sharing
• U.S. Department of State – Bureau of Diplomatic Security (DSS) • U.S. Food and Drug Administration – Office of Criminal Investigations (FDA-OCI) • U.S. Postal Inspection Service (USPIS)1
B. Department of the Treasury Asset Forfeiture Program
By separate statutory authority, the Department of the Treasury (Treasury) manages the Treasury Asset Forfeiture Program. See 31 U.S.C. § 9705(a) (establishing the Treasury Forfeiture Fund (TFF), managed by the Secretary of the Treasury). Like Justice’s Asset Forfeiture Program, the Treasury Asset Forfeiture Program also has four priorities:

1. To administer and manage the Treasury Forfeiture Fund (TFF) program in a fiscally responsible manner that seeks to minimize administrative costs and maximize the benefits for law enforcement and the compensation of eligible victims;

2. To ensure program policies protect due process rights of individuals;

3. To focus resources on strategic cases and investigations that result in actions against high profile criminals and criminal enterprises to affect the greatest financial damage to criminal organizations; and

4. To foster a strong working relationship between federal and state or local law enforcement agencies.

See Department of the Treasury, Treasury Executive Office for Asset Forfeiture (TEOAF).

The TFF receives the proceeds of forfeitures made pursuant to laws enforced or administered by Treasury and Department of Homeland Security law enforcement agencies. TFF member agencies are:
• U.S. Immigration and Customs Enforcement – Homeland Security Investigations (HSI) • Internal Revenue Service – Criminal Investigation (IRS-CI) • U.S. Secret Service (USSS)
• U.S. Customs and Border Protection (CBP)
• U.S. Coast Guard (USCG)
• Other agencies as defined by statute. See 31 U.S.C. § 9705(o) 1 Participation in an investigation led by the U.S. Postal Inspection Service may result in equitable sharing that is paid from the U.S. Postal Inspection Service Forfeiture Fund. These payments are considered Justice equitable sharing funds for the purpose of this Guide. 270
Guide to Equitable Sharing | 3
Program Overview
C. Equitable Sharing Program
One of the ancillary benefits of asset forfeiture is the potential to share federal forfeiture proceeds in appropriate cases with cooperating state, local, and tribal law enforcement agencies through equitable sharing. Through equitable sharing, any state, local, or tribal law enforcement agency that directly participates in a law enforcement effort that results in a federal forfeiture may request an equitable share of the net proceeds of the forfeiture.2
The Equitable Sharing Program (Program)3 is an important aspect of the Justice and Treasury Asset Forfeiture Programs. Federal law authorizes the Attorney General and the Secretary of the Treasury to share federally forfeited assets with participating law enforcement agencies.4 The exercise of this authority is discretionary and limited by statute. The Attorney General and the Secretary of the Treasury are not required to share assets in any case. Participation in an investigation with a member of the Justice Asset Forfeiture Program may result in equitable sharing paid from Justice’s AFF, while participation in an investigation with a Treasury Asset Forfeiture Program member agency may result in equitable sharing paid from Treasury’s TFF.

The Program enhances cooperation among federal, state, local, and tribal law enforcement by providing valuable additional resources to state, local, and tribal law enforcement agencies assisting with investigations into violations of federal laws. However, the Program is designed to supplement and enhance, not supplant, appropriated agency resources.

In addition, by statute, the Attorney General and the Secretary of the Treasury must also ensure that any asset transferred to a participating agency through the Program:
(A)has a value that bears a reasonable relationship to the degree of direct participation of the state or local agency in the law enforcement effort resulting in the forfeiture, taking into account the total value of all property forfeited and the total law enforcement effort as a whole; and with respect to the violation of law on which the forfeiture is based; and (B) will serve to encourage further cooperation between the recipient state or local agency and federal law enforcement agencies.5
2 By policy change in early 2023, both the Justice and Treasury Programs no longer allow tangible or real property to be directly shared with or transferred to a state or local law enforcement agency. This includes but is not limited to vehicles, vessels, computers, electronic equipment, and real property. 3 In this Guide, “Program” refers to both the Department of Justice and the Department of the Treasury Equitable Sharing Programs collectively, unless otherwise noted. 4 21 U.S.C. § 881(e)(1)(A) & (3), 18 U.S.C. § 981(e)(2), and 19 U.S.C. § 1616a; 31 U.S.C. § 9705(b)(4)(A) and (b)(4)(B). See also Attorney General’s Guidelines, Sec. V.G. (authorizing equitable sharing with state, local, and tribal law enforcement agencies). 5 21 U.S.C. § 881(e)(3). 271
4 | Guide to Equitable Sharing
Not all law enforcement efforts will result in equitable sharing. Distributions to owners, lienholders, federal financial institution regulatory agencies, and victims, and federal retention, take precedence over equitable sharing. See Attorney General’s Guidelines, Sec. V.G. and Guidelines for TFF Agencies on Processing Refunds, Sec. V.A. at 6. In addition, domestic equitable sharing can occur only after victims have been compensated in full, and after any international sharing is completed. See Justice, Asset Forfeiture Policy Manual (2023) (Policy Manual), Chap. 8, Sec. X, and Guidelines for TFF Agencies on Processing Refunds, Sec. II at 2.
272
Guide to Equitable Sharing | 5
Program Overview
II. Which Agencies May Participate in the Equitable Sharing Program? A. Eligible Agencies
Determinations of agency eligibility to participate in the Program lie solely within the discretion of Justice and Treasury.

1. State, Local, or Tribal Law Enforcement Agencies
Only state, local, or tribal law enforcement agencies may participate in the Program. For purposes of the Program:
• A law enforcement agency means a state, local, or tribal government agency authorized to engage as its primary function in the investigation, apprehension, or prosecution of individuals suspected or convicted of offenses against the criminal laws of the United States or of any state, county, municipality, or territory of the United States.6 • A primary function means one that: (1) occupies a clear majority of the agency’s working time over a typical work cycle; and (2) is performed on a regular and recurring basis by the agency and a majority of its officers, employees, and agents. Functions that are of an emergency, incidental, or temporary nature are not considered primary even if they amount to a majority of an agency’s working time.

Furthermore, a law enforcement agency is primarily composed of, or employs, individuals designated or qualified under state statutes as peace officers tasked with the prevention, investigation, or prosecution of criminal violations and the apprehension of suspects. These officers exercise full police powers and perform full police duties, such as investigating and making arrests for all types of criminal activity, seizing property, executing warrants and court orders, serving subpoenas, and carrying firearms.

Traditional law enforcement agencies generally include city, district, local, county, state, or tribal police, sheriff, or highway patrol departments, and state or local prosecutors’ offices.

Agencies that have limited or specialized law enforcement duties generally do not qualify. For example, an agency such as a comptroller’s office, fire marshal, or regulatory or licensing agency whose primary mission is not law enforcement but has a unit that primarily investigates specific types of criminal activities does not qualify as a law enforcement agency for purposes of the Program. Likewise, governmental entities that do not employ their own police departments, such as those that obtain police services through a contract with another agency, do not meet the definition of a law enforcement agency.

2. State and Local Prosecutorial Agencies
State and local prosecutorial agencies are eligible to receive equitable sharing for assistance they provide in federal forfeiture cases based on the level of contribution to the total law enforcement effort. In addition, an agency may be eligible for sharing if it cross-designated a state or local attorney as a Special Assistant U.S. Attorney (SAUSA) to handle the federal forfeiture or related criminal cases in federal court.
6 For the purposes of this provision, prosecutors and members of the National Guard are considered sworn law enforcement personnel. 273
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3. State National Guard Counterdrug Unit
A state National Guard generally does not meet the criteria for participation in the Program as a law enforcement agency because its primary mission serves a military or other non-law enforcement purpose. An individual National Guard Counterdrug Unit, however, may be eligible to participate in the Program if it is a distinct unit of a state National Guard that has counterdrug activities as its primary mission and it receives funding solely for this purpose. To be eligible, the unit must report to a State’s or Territory’s jurisdiction when not federalized.

Justice and Treasury determine whether individual National Guard units are eligible to participate in the Program on a case-by-case basis. Once Justice or Treasury determines that a state National Guard unit is eligible, the state National Guard unit participates in the Program in the same manner as any other state, local, or tribal law enforcement agency.

B. Ineligible Agencies

1. Task Forces
Task forces are not eligible to participate as Program members because they are not separate law enforcement agencies. However, equitable sharing based on a task force’s participation in an investigation that resulted in a forfeiture may be awarded in one of two ways:
a. Payment to a Fiduciary Agency: Agencies participating in task forces may designate one task force member agency to serve as the fiduciary agency for the task force. The fiduciary agency must be a Program participant, must be compliant with the Program guidelines and reporting requirements, and must be an active participating member of the task force. Funds awarded directly to the fiduciary agency constitute the fiduciary agency’s funds and must be maintained by the fiduciary agency’s jurisdiction. The fiduciary agency may earmark funds for use in support of the task force’s operations, but may not distribute equitably shared funds to individual task force member agencies, including upon dissolution of the task force. b. Payment to Individual Task Force Agencies: Compliant state, local, and tribal law enforcement agencies participating in task forces may request and receive equitable sharing payments under their individual NCIC codes by filing an individual Justice DAG-71 or Treasury TD F form.

The task force fiduciary agencies or any task force member agencies may purchase or lease equipment and other tangible items as well as pay direct operational expenses such as leases, utilities, and cell phones for the benefit of the task force. However, agencies may not transfer shared funds to task forces or pay for unspecified or impermissible operational expenses such as overtime or travel and per diem for personnel from other agencies on the task force. All limitations in Section V.B.2. apply. The agency expending funds must report the expenditure and maintain ownership and control of any tangible items. Should the task force dissolve or the fiduciary withdraw, all equipment must be returned to the purchasing agency.

This ensures that audit and regulatory requirements are met under the Single Audit Act Amendments of 1996 and Office of Management and Budget (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
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2. Federal Agencies
Federal agencies are not eligible to receive equitable sharing funds. However, federal agencies that (1) are participating members of the Justice or Treasury Asset Forfeiture Programs and (2) contribute with state, local, or tribal law enforcement agencies to a federal forfeiture action may be eligible to seek a “federal contribution” to the agency’s forfeiture fund. The federal contribution is a percentage of the total forfeiture representative of the federal agency’s contribution to the law enforcement action.

Federal agency participants in the Justice or Treasury Asset Forfeiture Programs must seek a federal contribution via submission of the Federal Contribution Form (FCF), and must follow their agency policy regarding that submission. The percentage awarded will be based on work hours and qualitative contributions for efforts leading to the forfeiture. Any award will be made to the participating agency’s forfeiture fund (i.e., the AFF or the TFF), and not the agency directly. See Policy Manual, Chap. 15.

In no instance will any persons from a federal agency maintain control of shared funds, direct or approve the use of shared funds, sign as the Agency Head or the Governing Body Head on an Equitable Sharing Agreement and Certification (ESAC), or certify a DAG-71 or TD F.

3. Non-Governmental Entities
Non-governmental entities, including non-profit organizations and public or private corporations or institutions, are not eligible to participate in the Program. 275
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III. How Do Agencies Participate in the Equitable Sharing Program? A. Joining the Equitable Sharing Program
To become a Program participant, agencies must submit an ESAC and affidavit to the Money Laundering and Asset Recovery Section (MLARS). Agencies must also ensure individuals involved in the administration of Program funds complete training. Once agencies have attended training and MLARS reviews and accepts the ESAC, the agency is placed into compliance.

All participating agencies must submit an Automated Clearing House (ACH) Vendor form to Justice and to Treasury per instructions on each Program’s ACH form. Separate accounts or account codes must be established for Justice and Treasury funds; therefore, agencies must send a separate ACH form to Justice and to Treasury. ACH forms are available on Justice’s and Treasury’s respective websites. If an agency’s banking information changes, it must submit an updated ACH form to Justice and to Treasury.

Agencies may only include account and routing information for accounts assigned to their agency.

Agencies must also be registered in the federal government’s System for Award Management (SAM.gov).

SAM.gov assigns the agency a Unique Entity Identification (UEI) number that must be included on the ACH forms. Equitable sharing distributions cannot be processed without a correct SAM UEI on file with Justice or Treasury.

Agencies with law enforcement functions but not typically identified as traditional law enforcement agencies are subject to a separate review to determine their eligibility to participate in the Program. These agencies must demonstrate that they fall within the definition of a law enforcement agency, as defined in Section II.A.1.

B. Compliance
Compliance with state, local, or tribal legislation addressing federal equitable sharing is the responsibility of the Program participant. Justice and Treasury may suspend agencies where compliance with state, local, and tribal laws and Program guidelines is not possible.

1. ESAC Compliance
To participate in the Program, eligible agencies must first submit, and annually resubmit, an ESAC signed by both the head of the law enforcement agency and the head of the governing body with budgetary authority over the law enforcement agency. By signing the ESAC, the signatories agree to be bound by, and comply with, the federal statutes and Justice and Treasury policies—including policies on the appropriate law enforcement purposes and functions of forfeiture—governing the Program. See Section VII.A.

Any breach of the ESAC agreement by a state, local, or tribal law enforcement agency may render it noncompliant or ineligible to receive equitable sharing payments. Participation may be barred on either a temporary or permanent basis, and in some cases, an agency’s pending equitable sharing distributions may be permanently extinguished where a requesting agency has failed timely to submit an ESAC or ACH form or has failed to meet any other requirements as set forth in this Guide. See Section VII. While federal investigative agencies and U.S. Attorney’s Offices have no affirmative obligation to monitor an agency’s eligibility, they are obliged promptly to report to MLARS any information that might affect an agency’s eligibility to participate in the Program.

To remain compliant, agencies must file the ESAC annually, even if agencies do not receive sharing during that particular reporting period.
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2. Civil Rights Compliance
Agencies must comply with the applicable nondiscrimination requirements of the following laws and their implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), and the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.). These prohibit discrimination on the basis of race, color, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity.

Agencies must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency, consistent with Justice and Treasury requirements. Agencies also must agree to comply with all federal statutes and regulations permitting federal investigators access to records and any other sources of information as may be necessary to determine compliance with civil rights and other applicable statutes and regulations. Further, agencies are required to collect race and ethnicity data as required by 28 C.F.R. § 42.106(b) and 31 C.F.R. § 22.6(b).

C. Participating in a Federal Forfeiture
To receive an equitable share, an agency must assist in the law enforcement effort resulting in federal forfeiture. Generally, if a criminal prosecution and forfeiture is legally possible in the jurisdiction processing the prosecution, the forfeiture action should follow the criminal prosecution, whether state or federal. See Policy Manual, Chap. 3; Chap. 5. The federal government should pursue federal administrative or judicial forfeiture where there is a pending federal criminal investigation or prosecution.

Under certain circumstances, however, a state, local, or tribal law enforcement agency may seize property under state law, without federal oversight or involvement, and a federal agency later takes the seized property into its custody and uses a federal forfeiture proceeding to forfeiture the property. This is known as an “adopted” forfeiture, or an adoption. See Policy Manual, Chap. 3, for a discussion of the policies governing adoptions. A state or local law enforcement agency transferring property to the federal government for forfeiture must comply with all applicable state laws and regulations pertaining to the turnover of assets for adoption or the release of assets from state jurisdiction.

Net equity and value thresholds apply to assets seized for federal forfeiture. See Policy Manual, Chap. 1.

State, local, or tribal law enforcement agencies should consult the federal seizing agency for any agencyspecific minimum monetary or equity thresholds and seizure planning requirements. 277
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IV. What Is the Process to Apply for and Receive a Share? A. Requesting an Equitable Share

1. Department of Justice-Led Investigations
If state law permits, a participating state, local, or tribal law enforcement agency may request a share of federally forfeited assets by electronically submitting a DAG-71 to the federal seizing agency through Justice’s eShare Portal. The requesting agency must complete a separate DAG-71 for each asset for which it requests sharing. An agency may not file a DAG-71 on behalf of another agency.

Agencies may submit sharing requests at any time following the seizure, but no later than 45 days after forfeiture. Agencies must include a waiver request with any sharing requests submitted after 45 days following the forfeiture. The lead agency for forfeiture determines whether to grant the waiver.

The agency must include in its DAG-71 both work hours contributed and a detailed narrative of the agency’s contribution to the law enforcement effort resulting in federal forfeiture of the asset. The agency is responsible for providing the decision maker enough information to adequately evaluate the qualitative and quantitative contributions. The decision maker may request additional information or clarification from the requesting agency. Without adequate information to describe the requesting agency’s contribution to the forfeiture, the decision maker may not award a share that fully captures the requesting agency’s contributions, or may deny the request.

A task force fiduciary agency may submit one DAG-71under its NCIC code on behalf of a task force that participated in a seizure resulting in federal forfeiture of the asset. The fiduciary agency’s DAG-71 must include the total work-hour and qualitative contributions of all task force member agencies in the investigation. The fiduciary must also submit any memorandum of understanding (MOU) or task force agreement governing task force members’ pre-arranged sharing agreements. See Section II.B.1.

Agencies must certify that the information they provide on the DAG-71 is true and accurate. Providing falsified information on the DAG-71 could, among other things, result in the agency’s suspension or expulsion from the Program.

No sharing decisions will be made until after the forfeiture is complete. No sharing request will be accepted and processed after a sharing decision has been made by the decision maker.

2. Department of the Treasury-Led Investigations
If state law permits, a participating state, local, or tribal law enforcement agency may request a share of federally forfeited assets by submitting a TD F form to the federal agency processing the forfeiture. An agency may not file a TD F on behalf of another agency.

If multiple assets are seized in a single investigation, a requesting agency may file one TD F with an attached listing of all the assets for which the agency requests a share.

Agencies may submit sharing requests at any time following the seizure, but no later than 45 days after forfeiture. Agencies must include a waiver request with any sharing requests submitted after 45 days following the forfeiture. The lead agency for forfeiture determines whether to grant the waiver.

The agency must include in its TD F both work hours contributed and a detailed narrative of the agency’s contribution to the law enforcement effort resulting in federal forfeiture of the asset. The agency is 278
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Program Overview
responsible for providing the decision maker enough information to adequately evaluate the qualitative and quantitative contributions. The decision maker may request additional information or clarification from the requesting agency. Without adequate information to describe the requesting agency’s contribution to the forfeiture, the decision maker may not award a share that fully captures the requesting agency’s contributions, or may deny the request.

A fiduciary agency may submit one TD F under its NCIC code on behalf of a task force that participated in a seizure resulting in federal forfeiture of the asset. The TD F must include the total workhour and qualitative contributions of all task force member agencies in the investigation. The fiduciary must also submit any memorandum of understanding (MOU) or task force agreement governing task force members’ pre-arranged sharing agreements. Shared funds will be awarded to the fiduciary agency.

Funds awarded directly to the fiduciary agency constitute the fiduciary agency’s funds and must be maintained by the fiduciary agency’s jurisdiction. The fiduciary agency may earmark funds for use in support of the task force’s operations but may not distribute equitably shared funds to individual task force member agencies. If a fiduciary agency submits a TD F on behalf of a task force, task force member agencies may not submit individual sharing requests.

Agencies must certify that the information they provide on the TD F is a true and accurate statement of the agency’s activities. Providing falsified information on the TD F could, among other things, result in the agency’s suspension or expulsion from the Program.

No sharing decisions will be made until after the forfeiture is complete. No sharing request will be accepted and processed after a sharing decision has been made by the decision maker.

B. Calculating Shares
Percentages allocated to a law enforcement agency must bear a reasonable relationship to the agency’s direct participation in the law enforcement effort resulting in the federal forfeiture. The decision maker ordinarily determines percentages by comparing the number of work hours expended by each agency participating in the federal forfeiture, including all federal, state, local, and tribal agency contributions.

Where the work hours alone do not reflect the contribution of a law enforcement agency, the decision maker considers qualitative factors in making adjustments to the sharing percentage. The decision maker may consider:
• the inherent importance of the contributing activity; • whether the agency otherwise entitled to an adjustment would already receive a comparatively large share based on reported work hours;
• whether the agency originated the investigation or information leading to the seizure; • whether the agency provided and articulated specific unique or indispensable assistance; or • whether the agency seized one or more assets that were forfeited in non-federal proceedings during the same investigation.

Any of these qualitative factors may warrant an increase or decrease in the percentage awarded to an agency. The decision maker has discretion to determine on a case-by-case basis whether and how much to adjust the sharing allocation.
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No sharing request or recommendation, including shares negotiated in a task force MOU or other agreement, is final until the federal decision maker approves it. The decision maker may consider an agency’s contribution in comparison to hours expended by all investigative agencies, regardless of their Program participation. Sharing for non-participating agencies is retained in Justice’s AFF or Treasury’s TFF.

1. Federal Contribution
All forfeitures that result in proceeds available for equitable sharing have federal involvement. The decision maker must obtain and review the work hours and qualitative contributions of all federal agency participants when determining the appropriate amount to retain in the AFF or TFF for equitable sharing.

The decision maker will evaluate federal participation in the same manner as state, local, and tribal participation, using work hours and qualitative contributions to determine the appropriate federal share.

The decision maker may also consider federal prosecutorial contributions when evaluating the federal share.

The minimum federal share is 20 percent. In most cases, particularly in federally led investigations, the federal share will exceed 20 percent. The decision maker or federal agency leading the investigation may have more restrictive internal guidelines on the minimum federal share.

2. State, Local, and Tribal Contribution
The decision maker must review the reported work hours and qualitative contributions of all participating state, local, and tribal agencies and determine the appropriate share to award to each agency after considering all federal, state, local, and tribal agency contributions to the law enforcement effort resulting in federal forfeiture.

3. Task Force Contribution
Many task forces involving federal, state, local, and tribal law enforcement agencies have pre-arranged, written equitable sharing MOUs or agreements based upon relative numbers of personnel and other contributions to the task force operation.

Justice and Treasury will generally honor written sharing MOUs or agreements that were in place prior to the onset of the law enforcement effort resulting in federal forfeiture. The agreement must be current, in writing, and signed by the head of each agency that participates in the task force, and must contain the pre-arranged sharing percentages that reflect overall agency investigative, financial, or administrative contributions to the task force. The decision maker will not honor any verbal sharing agreements. If an agency requests sharing pursuant to a task force agreement or MOU, the agreement must be submitted to the decision maker along with the DAG-71 or TD F. Approved sharing will be disbursed directly to the member agencies unless the task force has appointed a fiduciary agency. If the task force has appointed a fiduciary agency, approved sharing will be disbursed directly to the fiduciary agency.

Funds awarded directly to the fiduciary agency constitute the fiduciary agency’s funds and must be maintained by the fiduciary agency’s jurisdiction. The fiduciary agency may earmark funds for use in support of the task force’s operations but may not distribute equitably shared funds to individual task force member agencies. If a fiduciary agency submits a DAG-71 on behalf of a task force, task force member agencies may not submit individual sharing requests. 280
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The decision maker may allocate percentages to the individual member agencies based on the agencies’ participation in the task force rather than any specific officer’s participation in the law enforcement effort leading to forfeiture. Funds awarded to each individual agency will be the individual agency’s funds and must be maintained by the individual agency’s jurisdictions.

If a federal law enforcement agency is a member of a task force, and the task force chooses to include the federal agency in its pre-arranged sharing percentages, the MOU must reflect the work hours and contributions of the federal agency and the federal share. Regardless of whether any federal agency is included in pre-arranged sharing percentages, the minimum federal share is 20 percent.

4. Spin-off Investigations
Agencies may share intelligence information that leads to spin-off investigations and additional federal forfeitures. In limited instances, on a case-by-case basis, the decision maker may approve sharing to an agency that provided critical intelligence information essential to that forfeiture but did not actively participate in the subsequent law enforcement effort resulting in federal forfeiture.

5. Distribution Cap
An agency may receive up to $10 million in Justice funds and $10 million in Treasury funds each federal government fiscal year. Calculated sharing in excess of this cap will remain in the appropriate federal forfeiture fund to support nationwide law enforcement efforts.

C. Department of Justice Equitable Sharing Deciding Authorities All decision makers must exercise due diligence when reviewing and considering work hours and qualitative factors to ensure consistency and uniformity Program-wide when determining shares.

1. Federal Investigative Agency
If the total appraised value of all the assets forfeited in a single administrative declaration of forfeiture is less than $1 million, the investigative agency determines the appropriate equitable share for each asset and requesting agency.

2. United States Attorney
If the total appraised value of all the assets forfeited in a single judicial forfeiture order is less than $1 million, the United States Attorney, or a designee, determines the appropriate equitable share for each asset and requesting agency.

3. Department of Justice, Criminal Division
In multi-district cases or cases where the total appraised value of all the assets forfeited in a single administrative or judicial forfeiture is equal to or greater than $1 million, the Criminal Division determines the appropriate equitable share of each asset. Property forfeited under a single judicial order cannot be split up or separated for sharing decisions. This means, for example, it is not permissible that only those individual assets with values equal to or greater than $1 million are sent to the Criminal Division for sharing decisions. See Policy Manual, Chap. 15. 281
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D. Department of the Treasury Equitable Sharing Deciding Authorities

1. Federal Investigative Agency
In all forfeiture cases, whether judicial or administrative, where the total appraised value of the assets in a single forfeiture order or declaration is less than $1 million, the federal investigative agency exercises the authority to approve equitable sharing.

Forfeited assets valued at less than $1 million that involve foreign sharing require approval from the Director of the Treasury Executive Office for Asset Forfeiture (TEOAF).

2. Department of the Treasury, Treasury Executive Office for Asset Forfeiture Where the total appraised value of all assets contained in a single forfeiture order or declaration is equal to or greater than $1 million, the Director of TEOAF must approve the amount of the equitable share.

In all judicial forfeitures, regardless of value, the United States Attorney’s Office pursuing the forfeiture shall be given the opportunity to provide input on all recommendations for equitable sharing.

E. Common Causes of Sharing Payment Delay
Equitable sharing occurs only after the federal forfeiture has been completed, the United States has taken clear title to the property, the property has been sold or otherwise disposed of as provided by law, third parties and victims have been fully compensated, any international sharing has been approved, and a final sharing decision has been made by the appropriate decision maker. Certain factors may delay sharing:

1. If the agency submits an incomplete or deficient DAG-71 or TD F, the agency must provide the missing or additional information before the decision maker renders a decision on sharing. The decision maker cannot evaluate the sharing request without adequate information.

2. If the agency is not registered in SAM.gov, or if the agency has incomplete or incorrect banking information on file with Justice or Treasury, Justice and Treasury cannot process sharing payments.

3. If the agency is required to certify it is eligible to receive a federal equitable sharing payment and fails to certify, Justice and Treasury cannot process the sharing payment.

4. Distribution in equitable sharing cases involving forfeited assets with a total value of $1 million or more requires the approval of the Criminal Division for Justice forfeitures or TEOAF for Treasury forfeitures. These additional levels of approval extend the review time. 282
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Using Shared Funds
F. Sharing Is Always Based on Net Proceeds
Equitable sharing is always based on the net proceeds of the forfeiture. Certain amounts must be deducted from the gross receipts to calculate net proceeds:

Gross Receipts From forfeiture or the sale of forfeited property Less Qualified third-party interests (e.g., valid liens or mortgages) Payments to victims
Federal case-related expenses (e.g., advertising costs, out-of-pocket investigative or litigation expenses)
Federal property management and disposition expenses (e.g., appraisal, storage, security, sale)
Awards paid to federal informants
Payments for the services of experts and consultants hired to assist in asset identification, seizure, management, forfeiture, or disposition International sharing
Reimbursements relating to the seizure from the Justice Assets Forfeiture Fund or the Treasury Forfeiture Fund to the requesting agency (e.g., overtime, leased space)
Equals Net proceeds of the forfeiture
Federal law provides that sharing is discretionary. Therefore, any equitable sharing payments to be disbursed to state, local, or tribal law enforcement agencies that would amount to less than $500 will be extinguished and the funds will remain in the appropriate forfeiture fund.

In addition, federal budgetary constraints such as sequestration and rescissions may affect equitable sharing disbursements, regardless of any calculation of net proceeds or sharing percentages of a specific forfeiture.
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V. What Are the Uses of Equitably Shared Funds?
Equitable sharing can provide valuable resources that may not have otherwise been available to state, local, and tribal law enforcement agencies. Equitably shared funds must be used in accordance with governing law and policy, this Guide, and all applicable federal laws, rules, regulations, and Executive Orders. Agencies may use equitably shared funds only for law enforcement purposes that directly supplement the agency’s appropriated resources. State, local, or tribal law enforcement agencies will not receive equitable sharing if the governing body or state, local, or tribal law, regulation, or policy requires or directs (1) specific expenditures of shared funds, (2) the transfer of federal equitable sharing funds to non-participating law enforcement agencies, or (3) expenditures for non-law enforcement purposes.

Equitably shared funds constitute federal financial assistance and are subject to the provisions of the Code of Federal Regulations (CFR) applicable to a Direct Payment for Specified Use. Agencies must use equitable sharing funds in a reasonable and necessary manner, and must not create the appearance of or actual waste, extravagance, or impropriety.

To avoid a conflict of interest or the appearance of a conflict of interest, no jurisdiction or agency, or personnel of the jurisdiction or agency or immediate family members of such personnel, may purchase, either directly or indirectly, federally forfeited property if the jurisdiction, agency, or personnel were involved in a law enforcement effort that led to the forfeiture of the property.

A. General Guidance on Supplantation and Budgeting

1. Supplantation
Equitably shared funds must be used to increase or supplement the resources of the receiving state, local, or tribal law enforcement agency. Shared funds shall not be used to replace or supplant the agency’s appropriated resources. The recipient agency must benefit directly from the sharing. In determining whether supplantation has occurred or could occur, Justice or Treasury will examine the law enforcement agency’s budget as a whole and allow agencies to use equitable sharing funds for any permissible purpose as long as shared funds increase the entire law enforcement budget. Justice or Treasury may terminate sharing with law enforcement agencies that are not permitted by their governing body to benefit directly from equitable sharing.

Example of Improper Supplantation: A police department receives $100,000 in federal equitable sharing only to have its budget cut $100,000 by the city council. In this instance, the police department has received no direct benefit from equitable sharing whatsoever. Rather, the city as a whole has received the benefit of the sharing.

2. Anticipated equitably shared funds should not be budgeted Agencies should not obligate or budget anticipated equitable sharing receipts. Agencies may not commit to spending shared funds in advance. For example, if a local law enforcement agency files a DAG-71 or TD F and anticipates a 50 percent share of $100,000, the anticipated $50,000 should not be obligated or budgeted. Reasons for this include litigation and policy uncertainties, such as: (1) whether the forfeiture will be perfected; (2) what amount of equitable sharing the decision maker will approve, if any; and (3) when the forfeiture, decision, and ultimate payment will occur. In contrast, agencies may earmark, create spending plans for, and budget equitable sharing funds already received. 284
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Using Shared Funds
B. Use of Shared Funds
Except as noted in this Guide, Program participants shall use equitably shared funds for law enforcement purposes only (“permissible uses”). If an agency is unsure whether a proposed expenditure is permissible, it should email [email protected] for Justice fund expenditures or [email protected] for Treasury fund expenditures.

Agencies may use equitably shared funds for any permissible agency expenditure, and both sworn and non-sworn law enforcement personnel may use them. The fact that equitable sharing derives from property forfeited by a particular agency unit or as a result of a particular federal violation does not limit its use to purchases only for that unit or to further investigations only for that particular federal violation. If an agency wishes to support a multi-agency expenditure, such as a new payroll system or city municipal building, with a non-law enforcement agency, the law enforcement agency’s costs based on its use may be calculated on a pro rata basis.

1. Permissible Uses
a. Law enforcement administrative costs—Administrative costs that further the agency’s law enforcement goals or missions. Examples include recruitment and advertisement costs, agency accreditation, banking and equitable sharing account maintenance fees, or agency membership dues. Memberships and dues for an individual are impermissible. See Section V.B.2.d.
b. Law enforcement training and education—Training of agency personnel, including investigators, prosecutors, and sworn and non-sworn law enforcement personnel, in any area necessary to perform official law enforcement duties, provided that the employees’ regular duties require knowledge of these topics. Examples include training and conference registration fees, tuition, speaker fees, or costs to produce training curricula on topics such as serving as a canine handler, narcotics detection, defensive tactics, criminal justice, languages, constitutional law, accounting and finance, or forensics. Agencies may not pay for training expenses of non-agency personnel. See Section V.B.2.i.

Agencies may not donate or transfer funds to associations or organizations providing training. c. Law enforcement, public safety, and detention facilities—Purchase, lease, or operation of law enforcement, public safety, or detention facilities used or managed by the recipient agency.

Examples include the costs of leasing, furnishing, and paying utilities for law enforcement facilities.

Treasury shared funds may also be used to pay costs associated with the construction, expansion, or improvement of law enforcement facilities, regardless of the size or scope of the project. Examples include new HVAC equipment, paving projects, security fencing, paint and carpeting, or construction materials related to construction projects.

Justice shared funds may NOT be used to pay costs associated with the construction, expansion, or improvement of law enforcement facilities, regardless of the size or scope of the project. See Section V.B.2.m.
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d. Law enforcement equipment—Costs associated with the purchase, lease, maintenance (including repairs or service agreements), or operation of law enforcement equipment for use by law enforcement personnel that supports law enforcement activities. Examples include furniture, audio-visual equipment, office supplies, telecommunications equipment, copiers, safes, fitness equipment, computers, computer accessories and software, body armor, bodyworn cameras, cloud data storage, uniforms, firearms and related equipment, ammunition, radios, cellular telephones, electronic surveillance equipment, vehicles (e.g., patrol and unmarked vehicles), and animals and animal-care-related expenses. e. Joint law enforcement and public safety operations—Costs associated with the purchase of multi-use equipment and operations used by both law enforcement and non-law enforcement personnel. Examples include 911 call center equipment, defibrillators, Naloxone, search and rescue boats, aircraft, and diving equipment. These expenditures are exempt from the pro-rata calculation of law‑enforcement‑related costs. There must be a law enforcement use; the equipment cannot be solely for non-law enforcement operations, such as fire and EMS vehicles.
f. Contracts for services—Costs associated with a contract for a specific service that supports or enhances law enforcement. Examples include translation and language assistance services, outsourced laboratory testing, staffing and feasibility studies, auditing of equitable sharing funds, Employee Assistance Program services, subject matter expert consultations, grant writing, or software development.

Employment-related contracts or contracts involving inherently law enforcement functions are prohibited. Examples include hiring an attorney, investigator, or civilian personnel to perform tasks typically or previously performed by agency or jurisdiction personnel.

Under no circumstances should any agency enter a contract that bases payment on a percentage of the seizures and forfeitures of the law enforcement agency. g. Law enforcement travel and per diem—Costs associated with travel and transportation for law enforcement agency personnel to perform or support law enforcement duties and activities. Travel and per diem for personnel from other agencies is not permitted. All related costs must be in accordance with the jurisdiction’s travel and per diem policies and must not create actual or the appearance of extravagance, waste, or impropriety. h. Law enforcement awards and memorials—Costs associated with the purchase of plaques, certificates, commemorative badges, and challenge coins in recognition of a law enforcement achievement, activity, or training. Shared funds may not be used to pay monetary awards in any form, including cash, cash equivalents, or stored value cards.

Shared funds may be used to pay the costs for commemorative plaques, displays, or memorials on law enforcement property to recognize or memorialize a law enforcement officer’s contributions, such as a memorial plaque or stone in honor of an agency’s officers killed in the line of duty. The plaque, display, or memorial must not create actual or the appearance of extravagance, waste, or impropriety. Justice shared funds may not be used for memorials involving construction. See Section V.B.2.m.
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Reporting/Compliance
i. Drug, gang, and other prevention or awareness programs—Costs associated with conducting law enforcement agency awareness programs. Examples include public service announcements, meeting costs, motivational speakers, and items used or distributed by the agency such as child identification kits and anti-crime items, literature, or software. j. Law enforcement initiatives that further investigations—Costs associated with furthering law enforcement investigations. Examples include reward money paid by the agency or a crime tip organization for information on a completed crime or annual dues paid to a crime tip organization (informant payments excluded, see Section V.B.2.o.), victim or witness expenses (travel or temporary housing), or reimbursement to the jurisdiction for buy-back programs. Agencies are prohibited from having direct access to funds. See Section V.B.2.g.

Equitable sharing funds may not directly fund petty cash or secondary accounts, or any other financial instruments to which officers and employees have direct access. k. Overtime—Costs for overtime and related benefits of current sworn and non-sworn law enforcement agency personnel performing official law enforcement duties. Overtime for personnel from other agencies is not permitted.
l. Salaries—Payment of salary and benefits of a new officer hired to replace an officer assigned to a federal task force or school resource or drug abuse resistance education officer with certain pre-approvals as detailed below. To protect the integrity of the Asset Forfeiture and Equitable Sharing Programs so that the prospect of receiving equitable sharing funds does not influence or appear to influence law enforcement decisions, equitable sharing funds may not be used to pay the salaries and benefits of sworn or non-sworn law enforcement personnel except in these limited situations:

Type Justice Program Funds Treasury Program Funds
Task Force Replacement Officer7
Permissible, with annual
pre-approval
Impermissible
School Resource Officer (SRO)
or Drug Abuse Resistance
Education (DARE) Officer8
Permissible, with annual
pre-approval
Permissible
To obtain approval to pay the salaries of task force replacement and SRO or DARE officers with Justice equitable sharing funds, agencies must obtain approval annually from MLARS prior to the commencement of the fiscal year in which the salary will be paid. To obtain approval, agencies must submit to MLARS:
7 The replacement officer cannot engage in any duties related to the seizure or forfeiture of assets. 8 DARE and SRO officer positions can only be funded for the time performing those duties. For example, if an SRO only performs those duties nine months of the year, only the time performing that function may be paid with shared funds. 287
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• Description of position to be paid with Justice equitable sharing funds, estimated cost of position, and proof of staffing levels;
• Documentation demonstrating sufficient Justice equitable sharing funds on hand to pay the estimated annual costs;
• If task force replacement officer: Documentation demonstrating sufficient alternate funds to support the replacement position or a commitment to terminate the replacement position should the TFO leave the federal task force and return to his or her agency;
• If DARE or SRO officer: Documentation demonstrating sufficient alternate funds to support the SRO or DARE officer if the officer does not perform these specialized duties for all 12 months of the year;
• Certification that the agency agrees to abide by all Guide provisions and other applicable policies and guidance related to payment of salaries with shared funds.

Failure to receive approval as detailed above prior to the use of these salary provisions will result in the repayment of funds and denial of any future requests to pay salaries of a DARE, SRO, or task force replacement officer with Justice shared funds.

2. Impermissible Uses
a. Use of forfeited property by non-law enforcement personnel—Personnel from non-law enforcement agencies may not use items purchased with shared funds unless the property is purchased for joint law enforcement and public safety use. See Sections V.B.1.c. and V.B.1.e. for joint public safety facilities and equipment.
b. Creation of endowments, scholarships, or grants—Shared funds may not be used to create or establish endowments, scholarships, or grants.
c. Uses contrary to state, local, or tribal laws—Shared funds and property may not be used for any purpose that would constitute an illegal or improper use of state, local, or tribal law enforcement funds or property under the laws, rules, regulations, and orders of the state, local, or tribal jurisdiction of which the agency is a part. Statutes, policies, and regulations applicable to state forfeiture or sharing do not apply to federal forfeiture or sharing. d. Personal or political use of shared assets—Shared funds may not be used for any purpose that creates the appearance that shared funds are being used for political gain or personal benefit. Examples include campaign advertisement or paraphernalia, gym memberships, personal professional liability insurance, commercial driver’s licenses, passports, non-uniform clothing, and bar, union, or other individual dues or membership fees. e. Purchase of food and beverages—Shared funds may not be used to pay for food and beverages (alcoholic and non-alcoholic) except for meals for officers engaged in local emergency operations such as during an earthquake or hurricane. This does not apply to food and beverage included in per diem for official travel. See Section V.B.1.g. 288
Guide to Equitable Sharing | 21
Reporting/Compliance
f. Extravagant or wasteful expenditures and entertainment—Shared funds must be used prudently and in a manner that avoids any actual or appearance of extravagance, waste, or impropriety. In addition, shared funds may not be used for entertainment expenditures.

Examples include tickets to social events, hospitality suites at conferences, entertainers, or meals or travel in excess of per diem.
g. Cash on hand, secondary accounts, and stored value cards—Agencies are prohibited from having access to funds or maintaining cash on-hand. Agencies may not maintain shared funds in multiple accounts, including separate investment or petty cash accounts; purchase prepaid credit cards, stored value cards, or other financial instruments; or engage in any transaction where expenditures are not managed or monitored by the jurisdiction and tracked to ensure permissibility in accordance with this Guide. See Section VI.A.1. h. Transfers to other agencies—Shared funds may not be transferred to any another agency. i. Purchase of items for other agencies—Agencies may not use shared funds to purchase equipment or pay other permissible costs for other agencies. The purchasing agency must retain title to and maintain in its inventory any equipment purchased for use by officers assigned to a task force. See Section II.B.1. for task force operations. j. Payment of expenses for employees of other agencies—Agencies may not use shared funds to pay expenses for permissible costs for employees of other agencies. Examples include overtime, travel and per diem, and other non-tangible expenses. k. Costs related to lawsuits—Shared funds may not be used to pay attorneys’ fees, settlement payments, or any other related costs of lawsuits involving the agency, its governing body, or its employees.
l. Loans and reimbursements—Shared funds may not be used as advance payment for expenditures being reimbursed or paid by other funds, or to reimburse the jurisdiction for expenses already purchased with general funds. Examples include task force overtime reimbursements or reimbursements for items purchased or paid for with appropriated funds before the agency received sharing funds. If an agency receives an unanticipated reimbursement, such as a rebate or unexpected grant, please consult MLARS or TEOAF for reporting guidance.
m. Construction projects—Justice sharing funds may not be used to pay costs associated with the construction, expansion, or improvement of law enforcement facilities, regardless of the size or scope of the project. Examples include new HVAC equipment, paving projects, security fencing, paint and carpeting, firing ranges, or construction materials related to construction projects. See Section V.B.1.c. for the use of Treasury funds for construction, expansion, or improvement of law enforcement facilities. n. Donations to community-based organizations—Shared funds may not be donated to or used to purchase items for community-based organizations. 289
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o. Buy or flash money and informant payments—Shared funds may not be used to pay informants or for flash or buy money. Reward money other than informant payments and payments to Crime Stoppers organizations are permitted. See Section V.B.1.j. p. Money laundering operations—Shared funds may not be used to support state, local, or tribal undercover money laundering operations that are not part of an approved federal undercover money laundering investigation.
q. Salaries—Shared funds may not be used to pay the salaries and benefits of sworn or nonsworn law enforcement personnel, except as noted in Sections V.B.1.k. or V.B.1.l.

C. Return of Equitably Shared Funds
On occasion, a criminal conviction or forfeiture order may be vacated, or victims and third parties—who must be paid in full prior to any equitable sharing—may be identified after equitable sharing payments have been disbursed. In those instances, MLARS and TEOAF require agencies to return previously disbursed equitable sharing. If the agency has approved sharing that has not yet been disbursed, MLARS or TEOAF may permit the agency to offset the amount due against future sharing.

D. Treasury Offset Program
The Treasury Offset Program (TOP) offsets and levies federal payments, including equitable sharing payments, to collect delinquent debts owed to the United States and to states as required by the Debt Collection Improvement Act of 1996 and other laws. On occasion, a Program participant may have one or more equitable sharing payments offset to satisfy a debt owed by them or by another entity within its jurisdiction sharing its Tax Identification Number (TIN). Agencies whose funds have been offset should first contact the USMS or Treasury to determine the TIN that was offset. Next, agencies should contact the TOP call center at 800-304-3107 to determine the amount of and reason for the debt. Agencies with offset funds should seek reimbursement from the delinquent entity within the jurisdiction responsible for the debt, not from the AFF or the TFF, to ensure that funds are used for law enforcement purposes in accordance with this Guide. Any unreimbursed offset funds must be reported on the ESAC as a noncategorized expenditure. 290
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Reporting/Compliance
VI. What Are the Accounting Procedures and Requirements for Shared Proceeds? All participating state, local, and tribal law enforcement agencies must implement standard accounting procedures and internal controls that are consistent with this Guide to track equitably shared funds and items purchased with shared funds. At any time, Justice or Treasury may request documents related to equitable sharing, conduct an audit or compliance review, or implement additional reporting requirements and spending plans. Agencies must track and maintain separately equitable sharing funds received from Justice and Treasury.

A. Bookkeeping Procedures and Internal Controls
A state, local, or tribal Program participant must:

1. Maintaining and Administering Funds: Maintain equitable sharing funds with the jurisdiction and administer funds in the same manner as the jurisdiction’s appropriated funds. Funds must follow all jurisdiction policies and procedures regarding procurement and approvals. The jurisdiction must administer and maintain bank accounts, accounting codes, and other financial documents in the same manner as appropriated funds. Agencies are prohibited from maintaining or having direct access to federally shared funds.

2. Accounts/Accounting Codes: Establish separate Justice and Treasury accounts or accounting codes within the jurisdiction’s financial management system to track both revenues and expenditures, and interest if interest-bearing, for each respective Program. No other funds may be commingled in these accounts or with these accounting codes.

3. Procurement: Process all expenditures and payments in the same manner as appropriated funds, including procurement and payment transactions.

4. Interest Income: Deposit all interest earned on equitable sharing funds into the respective account or accounting code. All interest is subject to the same use restrictions as equitable sharing funds. Losses to funds maintained in investment accounts in accordance with the jurisdiction’s policies may not be allocated to or deducted from the equitable sharing account.

5. Standard Operating Procedures: Maintain and follow written policies for accounting, bookkeeping, inventory control, and procurement that comply with the applicable provisions of the OMB Uniform Administrative Requirements, Costs, Principles, and Audit Requirements for Federal Awards or any subsequent updates and jurisdiction policies. Ensure distribution of relevant policies to all appropriate personnel.

6. Inventory Tracking: Inventory and track all items purchased with equitable sharing funds.

All items with serial numbers must be tracked, regardless of jurisdiction value thresholds for inventory tracking. Property purchased by fiduciary agencies for a task force remains the purchasing agency’s equipment and must be tracked in the purchasing agency’s inventory management system.

7. Records: Maintain records of all revenue and expenditures posted to the account or accounting code, including bank and ledger statements, invoices, receipts, required jurisdiction approvals, or any other documents used or created during the procurement process. 291
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8. Agency Approvals: Ensure the law enforcement agency head, or designee, authorizes all expenditures from the sharing accounts.

9. Jurisdiction Approvals: Obtain approval for expenditures from the governing body, such as the board of commissioners or city council, in accordance with jurisdiction policy.

10. ESAC Reporting: Record and report all transactions consistent with the jurisdiction’s reporting methods, whether reporting as cash, accrual, or modified accrual-based accounting.

11. Disposal and Sales Proceeds: Dispose of items purchased with shared funds in accordance with the agency’s disposal policies. To the extent practicable and if consistent with the agency’s procurement and disposal policies, deposit proceeds or insurance reimbursements from the sale or disposal of such property into the agency’s sharing account or accounting code.

12. Vendor Registration: Ensure vendors for all qualified purchases are registered in SAM.gov and are not suspended or debarred.

13. Agency Registration: Maintain an active registration in SAM.gov.

14. Banking Information: Ensure bank account information on file with USMS and TEOAF remains current.
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Guide to Equitable Sharing | 25
Reporting/Compliance
VII. What Are the Reporting and Audit Requirements?
To ensure effective management, promote public confidence in the integrity of the Program, and protect the Justice and Treasury Asset Forfeiture Programs against potential waste, fraud, and abuse, Justice and Treasury have established reporting requirements that include the annual submission of the ESAC.

The ESAC includes the agency’s annual affidavit and details an agency’s receipts and expenditures of equitably shared funds for the Program. In addition to complying with other governing law, regulation, and policy, a state, local, or tribal law enforcement agency must be compliant with the use and reporting requirements set forth in this Guide to receive any distribution of funds. An agency is considered compliant once MLARS receives, reviews, and approves the ESAC. Because the ESAC captures both Justice and Treasury equitable sharing receipts and expenditures, submission of the ESAC to MLARS constitutes submission to both Justice and Treasury.

The eShare Portal is a Justice online tool that allows agencies to obtain information regarding equitable sharing requests and distributions made by Justice. This information assists with reconciling deposits to the agency’s Justice equitable sharing account, as well as tracking and obtaining the status of pending Justice sharing requests. At this time, Treasury does not have a similar online tool; however, distribution reports are available by contacting TEOAF.

A. Agency Status
Agencies may be designated as compliant, non-compliant, or ineligible to participate in the Program.

The determination of an agency’s status is at the discretion of MLARS and TEOAF.

Compliant: Compliant agencies may receive shared funds and submit requests for future sharing.

Non-Compliant: Non-compliant agencies may not receive funds, but they may submit requests for future sharing. Shared funds pending distribution may be retained in the AFF or TFF until such time as the agency returns to compliance.

Ineligible: Ineligible agencies may not receive funds nor submit requests for future sharing. Shared funds pending distribution will be extinguished and not paid should the agency return to compliance.

B. Equitable Sharing Agreement and Certification (ESAC)

1. When ESACs are Required: Agencies receiving, expending, or maintaining shared funds during the fiscal year or with pending sharing must annually submit an ESAC in the eShare portal to remain compliant. If an agency did not receive, expend, or maintain funds in the prior fiscal year, an ESAC is not required to be submitted. However, if the agency does not have a current ESAC on file it will no longer be a compliant Program participant.

2. Who Must Approve ESACs: The head of the law enforcement agency and a designated official of the governing body must review and approve the ESAC prior to submission. For the purposes of the Program, the governing body is the governmental entity that allocates appropriated funding to the law enforcement agency. In no instance can any individual from the law enforcement agency sign as the governing body head. By approving the ESAC, the signatories agree to be bound by the statutes, regulations, policies, and guidelines that regulate the Program and certify that the law enforcement agency will comply with these guidelines and statutes.
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3. ESAC Submission Deadline: Agencies must submit the ESAC within two months after the end of their fiscal year. No extensions to this deadline will be granted. MLARS reviews ESACs in the order received, and agencies will remain non-compliant until MLARS approves the ESAC. For example, if the agency’s fiscal year ends September 30, the ESAC must be filed, reviewed, and accepted by November 30 for the agency to remain compliant.

Agencies should ensure all agency and jurisdiction finance personnel contact information remains current. If an agency’s administrator to the eShare portal will no longer serve in that capacity, the administrator should appoint a new administrator prior to departure. Agency and jurisdiction finance contact information may be updated at any time in the eShare portal.

C. Extinguishment of Funds
An agency that remains non-compliant for more than one year, or for more than six months with a balance of $500,000 or more, will be deemed ineligible and MLARS will extinguish all approved sharing pending disbursement. Extinguishments are final and the previously approved funds will remain in the AFF or TFF. Additionally, if an agency required to certify it can receive sharing payments fails to certify, the sharing payment will be extinguished.

D. Audit Requirements
State, local, and tribal law enforcement agencies that receive equitable sharing must comply with the applicable Single Audit Act Amendments of 1996 and OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, any subsequent updates to this guidance, and other applicable regulations. Per those guidelines, state, local, or tribal governments that expend more than the applicable threshold in federal funds (e.g., Justice or Treasury equitable sharing funds, grants, cooperative agreements) per fiscal year are required to conduct an independent audit.

Justice and Treasury equitable sharing funds are direct payments for specified use. Auditors should consult the Assistance Listing number 16.922 for Justice equitable sharing funds and 21.016 for Treasury equitable sharing funds to determine applicable audit guidance. Expenditures of these funds must be included on the jurisdiction’s Schedule of Expenditures of Federal Awards (SEFA) as federal financial assistance.

On occasion, agencies may be selected by the Justice or Treasury Office of Inspector General, MLARS, TEOAF, or other federal entities, to undergo an audit or other form of review. Agencies must comply with all requests for documents and information. Failure to comply with these requests or failure to implement corrective measures resulting from an audit or other review, may result in temporary or permanent exclusion from the Program.

E. Record Retention
State, local, and tribal law enforcement agencies must retain all documents and records pertaining to their participation in the Program for a period of at least five years. This includes receipts and procurement documentation for all expenditures of shared funds, bank statements, Forms DAG-71 and TD F, ESACs, accounting and bookkeeping documents, logs and records, bank records and statements, and audit reports.

All records may be subject to release under applicable federal, state, and local Freedom of Information Act laws and regulations.
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Reporting/Compliance
F. Program and Policy Changes
When policies affecting the Program change, MLARS will notify each agency. TEOAF will post Program or policy changes on its website.
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VIII. How Does an Agency Terminate Program Participation? When an agency decides to end its participation in the Program, it must notify MLARS and TEOAF of its decision. MLARS and TEOAF will coordinate with the agency on the disbursement of the agency’s remaining funds, if any. The agency will be required to file a final ESAC showing a zero balance. Any pending sharing requests will be extinguished, and those funds will be retained by Justice or Treasury in the AFF or the TFF. If the agency chooses not to spend its remaining funds, the funds must be returned to the AFF or TFF. Funds shall not be transferred to any other entity or agency. 296
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Reporting/Compliance
IX. What If Agencies Do Not Comply with Program Requirements? In addition to laws, regulations, and other policies, this Guide is binding upon all state, local, or tribal agencies participating in the Program. No equitable sharing funds or property will be distributed to any state, local, or tribal law enforcement agency that is not a compliant Program participant.

Failure to comply with governing laws, regulations, and policies may subject recipient agencies to consequences such as:

1. Denial or extinguishment of sharing requests,

2. Temporary or permanent exclusion from the Program,

3. Freeze on receipt or expenditure of shared funds,

4. Return of shared funds,

5. Federal civil enforcement actions; or

6. Federal criminal prosecution for false statements under 18 U.S.C. § 1001, fraud involving theft of federal program funds under 18 U.S.C. § 666, or other federal criminal statutes, as applicable.

MLARS or TEOAF exercises discretion as to the appropriate consequences based on the violation and circumstances of the violation.

An agency or governing body head, or designee, is required to immediately notify MLARS and TEOAF of any allegations of theft, fraud, waste, or abuse involving the seizure or forfeiture of assets or federal equitable sharing funds.
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1 City Council Memorandum 599 El Camino Real Greenfield CA 93937 831-674-5591 www.ci.greenfield.ca.us
MEMORANDUM: 07/15/2025
AGENDA DATE: 07/22/2025
TO: Mayor and City Council
FROM: Guillermo Mixer, Director of Public Safety
TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF GREENFIELD AWARDING A PURCHASING

CONTRACT FOR THE FIRE COMMAND VEHICLE TO

WINNER CHEVROLET AND TRANSFER FUNDS
FROM CSA-74 FUND TO THE FIRE COMMAND

VEHICLE REPLACEMENT ACCOUNT FOR THE
PURCHASE OF THE FIRE COMMAND VEHICLE.

BACKGROUND
The Greenfield Fire Department currently has two command vehicles that are either at the end of their lifespan or unusable for fire department needs. The first, a 2014 Chevrolet Tahoe was purchased used in 2022 and has over 120,000 miles; the second, a 2023 Ford Explorer was purchased in 2023 but is not used due to its small size.

The command vehicle is a specialized vehicle used by fire departments to manage and coordinate emergency incidents. The command vehicle is equipped with multiple communications systems, a mobile command center, computers, and equipment storage.

In addition to facilitating incident command and multi-agency coordination, the command vehicle allows the fire captain to arrive on the scene quickly, assess the emergency, and direct resources to a specific location to minimize response time.

The 2014 Chevrolet Tahoe currently used has reached the end of its life span for everyday emergency duties and needs to be replaced. Likewise, the 2023 Ford Explorer, while not suitable for a command vehicle, is a Police Interceptor with only 9,000 miles, and would immediately fill the need for a PD vehicle.

On June 24, 2025, the Greenfield Police Department released a Request for Bids (RFB) pursuant to the City’s Purchasing Policy GMC § 3.12.020, for one 2025 Chevrolet 2500 Crew Cab 4wd Truck or Equal.
298
2 Four bids were received, and the winning bid came from Winner Chevrolet, Colfax, CA at $53,209.33 for a 2026 Chevrolet 2500 4wd Crew Cab Truck.

FISCAL IMPACT
There is no financial impact to the City’s budget.

The Fire Department receives yearly funds from County Services Area 74 (CSA-74) fund. The CSA-74 fund was established by Monterey County to supplement emergency services, equipment, and training to emergency service providers by levying a $12 per unit parcel tax. The Monterey County Emergency Medical Services Agency (EMS) distributes the funds to emergency services providers, such as the Greenfield Fire Department.

To date, the funds have accumulated to $82,298.30.

RECOMMENDATION
1) Staff are requesting the Council to award the purchasing contract to Winner Chevrolet in the amount of $53,209.33 for the 2026 Chevrolet 2500 4wd Crew Cab Truck. 2) Staff are requesting the transfer of 82,298.30 from CSA-74 fund 202-11101 to fund 380-390- 81541 Fire Command Vehicle Replacement.

The additional funds will allow for the outfitting and customization of the Fire Command Vehicle to department specifications with our current outfitter.

PROPOSED MOTION
I MOVE TO ADOPT RESOLUTION #2025-70, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF GREENFIELD AWARDING A PURCHASING

CONTRACT FOR THE FIRE COMMAND VEHICLE TO WINNER CHEVROLET AND TRANSFER FUNDS FROM CSA-74 FUND TO THE FIRE COMMAND VEHICLE

REPLACEMENT ACCOUNT FOR THE PURCHASE OF THE FIRE COMMAND VEHICLE.
299
RESOLUTION NO. 2025-70

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GREENFIELD AWARDING A PURCHASING CONTRACT FOR THE

FIRE COMMAND VEHICLE TO WINNER CHEVROLET AND
TRANSFER FUNDS FROM CSA-74 FUND TO THE FIRE COMMAND

VEHICLE REPLACEMENT ACCOUNT FOR THE PURCHASE OF THE

FIRE COMMAND VEHICLE
WHEREAS, the Greenfield Fire Department released a Request for Bids (RFB) on June 24, 2025, for one Chevrolet 2500 Crew Cab 4wd or Equal; and WHEREAS, the RFB was advertised in the Salinas Valley Tribune, the City webpage, and public websites; and
WHEREAS, the City received four bids, and the winner of the bid being Winner Chevrolet in Colfax, CA; and
WHEREAS, City Staff requests a transfer of funds from CSA-74 account 202-11101 to account 380-390-81541 Fire Command Vehicle Replacement; and NOW, THEREFORE, BE IT RESOLVED, that the City of Greenfield City Council award the purchasing contract to Winner Chevrolet for the Fire Department Command Vehicle; and transfer $82,209.33 from CSA Fund 202-11101 to account 380-390-81541 Fire Command Vehicle Replacement.

PASSED AND ADOPTED by the City Council of the City of Greenfield, at a regular meeting of the City Council held on the 22nd day of July 2025, by the following vote:

AYES, and all in favor, therefore, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

Robert White, Mayor
Attest:

Ann F. Rathbun, City Clerk
300
AGENDA DATE: July 18, 2025
MEETING DATE: July 22, 2025
TO: Mayor and Councilmembers
FROM: City Attorney
TITLE: ADOPT A RESOLUTION TO FLY THE PRIDE FLAG AT CITY

HALL IN JUNE ANNUALLY AND ADOPT A RESOLUTION TO

AMEND THE CITY OF GREENFIELD FLAG DISPLAY POLICY

BACKGROUND
At the June 24, 2025, City of Greenfield (“City”) Council meeting, the Mayor Pro Tempore asked for direction regarding flying the Pride flag annually during Pride month. The City of Greenfield Flag Display Policy (“Flag Policy”) sets forth the procedural guidance to fly commemorative flags on City flag poles. Further, the Flag Policy ensures that the City’s flag poles are not public forums, subject to broad First Amendment speech protections.

DISCUSSION
The Flag Policy outlines that the City Council may consider displaying commemorative flags if the request is made by a member of the City Council and another Councilmember agrees to place the discussion to authorize such display on the agenda for a regular or special City Council meeting. At a noticed and agenized City Council meeting, a majority of City Councilmembers must agree to display the commemorative flag. Commemorative flags shall be displayed for a period set by the City Council and cannot be longer than thirty-one (31) continuous days. Also, commemorative flags must be at least three (3) feet wide by five (5) feet long and cannot be larger than the United States flag flown by the City.

City Council Memorandum
599 El Camino Real Greenfield CA 93937 831-6745591
www.ci.greenfield.ca.us
301
- 2 -
A commemorative flag cannot be of a political party or advocate an election result, be inappropriate, offensive, or support discrimination, prejudice, or religious movements.

If the City Council opts to fly the Pride flag annually for the month of June, City staff request the Flag Policy be updated to add the annual display. While the current policy provides commemorative flags shall be displayed for a period set by the City Council, the policy also specifies that a commemorative flag cannot be displayed longer than thirty-one (31) continuous days. The language of the Flag Policy could be updated to state: “Commemorative flags shall be displayed for a period set by the City Council and flags cannot be displayed longer than thirty-one (31) continuous days annually.” (Additions are in italics.) The Flag Policy is also silent regarding how the commemorative flag is to be purchased or acquired. While commemorative flags often recognize a particular group within the community, the display of a flag is only considered if the request is made by a Councilmember not a community member directly. This procedural step ensures that any commemorative flag is an expression of the City Council’s official views and not a public forum. If the City Council would like to amend this section to include how commemorative flags are to be obtained, it is important to retain clarity that the decision to fly a commemorative flag is solely that of the City Council and is not based on the request from a third party or an expression of a third party.

FISCAL IMPACT
N/A

RECOMMENDATIONS
Adopt a resolution to annually display the Pride flag and amend the Flag Policy to clarify the City Council’s ability to establish an annual display period.

ATTACHMENTS

1. Resolution to Annually Display Pride Flag

2. Resolution to Amend Flag Display Policy

3. Flag Display Policy
302
RESOLUTION NO. 2025-71

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD

TO DISPLAY THE PRIDE FLAG
WHEREAS, the month of June is LGBTQ+ Pride month dedicated to the celebration and commemoration of lesbian, gay, bisexual, transgender, and queer (“LGBTQ+”) pride recognized by the federal government, beginning in 1999 and continuing through today; and WHEREAS, the City of Greenfield (“City”) Council wishes to express support for all members of the LGBTQ+ community who identify with this flag; and WHEREAS, the first Pride flag was created by American artist and gay rights activist Gilbert Baker in 1978 to be a symbol for the LGBT community; and WHEREAS, the City Council may display commemorative flags recognized under the City of Greenfield Flag Display Policy, Resolution No. 2021-68; and WHEREAS, the Flag Display Policy states that the City Council may consider authorizing the display of a commemorative flag if the request is made by a member of the City Council and another Councilmember agrees to place the discussion to authorize such display on the agenda for a City Council meeting; and
WHEREAS, the City Council finds that the Pride flag does not convey any of the prohibited messages, and that this Resolution substantially conforms to all the requirements of the Flag Display Policy; and
WHEREAS, the City Council finds that the Pride flag is government speech in that the history and symbolism of the flag as described above constitute a message that the City desires to convey on behalf of its residents; and
WHEREAS, the City Council wishes to display the Pride flag annually during the month of June to celebrate LGBTQ+ Pride Month in support for all members of the LGBTQ+ community.

NOW THEREFORE, BE IT RESOLVED, that the City Council resolves that:

1. The Recitals set forth above are true and correct.

2. The Pride flag will be flown in support of the LGBTQ+ community at 599 El Camino Real, Greenfield, California.

3. The Pride flag will be flown annually from June 1 until June 30. //
303
//
PASSED AND ADOPTED by the City Council of the City of Greenfield on this 22nd day of July 2025, by the following vote:

AYES, and all in favor, thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
__________________________
Robert White, Mayor
ATTEST:
__________________________
Ann F. Rathbun, Clerk
304
RESOLUTION NO. 2025-72

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD

TO AMEND THE CITY OF GREENFILED FLAG DISPLAY POLICY
WHEREAS, the City of Greenfield (“City”) displays the United States flag, the California State flag, and commemorative flags at City Hall; and WHEREAS, the City established the City of Greenfield Flag Display Policy, Resolution No. 2021-68, which provides guidance and standards for the outdoor display of flags at City Hall, including the United States flag, the California State flag, and commemorative flags at City Hall; and
WHEREAS, the City Council wishes to clarify the timeframe commemorative flags may be displayed; and
WHEREAS, rather than using City Council meeting time and resources every year to reauthorize commemorative flags, the City Council wishes to clarify their ability to authorize that commemorative flags may be flown annually; and
WHEREAS, the City Council desires to amend the City of Greenfield Flag Display Policy to reflect that timeframe clarification to allow for an annual display.

NOW THEREFORE, BE IT RESOLVED, that the City Council resolves that:

1. The Recitals set forth above are true and correct.

2. The Flag Display Policy attached hereto as Attachment A is approved and adopted.

PASSED AND ADOPTED by the City Council of the City of Greenfield on this 22nd day of July 2025, by the following vote:

AYES, and all in favor, thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
__________________________
Robert White, Mayor
ATTEST:
__________________________
Ann F. Rathbun, Clerk
305

ATTACHMENT A
City Council of the City of Greenfield
Flag Display Policy
Background:

The City of Greenfield desires to establish a policy regarding the outdoor display of the United States fFlag, the California State fFlag, the City of Greenfield fFlag, or commemorative flags at City Hall.

In adopting this policy, the City Council declares that the City’s flagpoles do not constitute an open forum for public expression. The flagpoles are only meant to display Federal, State, and City Flags, and any commemorative flags as may be authorized by the City Council as an expression of the City Council’s official views.

The City Council will not display a commemorative flag based on a request from a third party, nor will the City Council use City Hall flagpoles to sponsor the expressions of a third party.

Purpose:

The City of Greenfield Flag Display Policy is meant to provide procedural guidance for the display of flags on City Hall outdoor flagpoles.

Policy:

I. Standards
Flags shall be displayed in accordance with Federal and State statutes, including, but not limited to, Title 4, Chapter 1 of the United States Code and Sections 430 through 439 of the California Government Code, and this policy.

II. Procedure
A. United States fFlag, California State fFlag, and City of Greenfield fFlag

1. No flag shall be placed above the United States fFlag and no other flag shall be larger than the United States Flag.

2. Flags should be hoisted briskly and lowered ceremoniously. . The United States fFlag should be hoisted first and lowered last.

3. Flags may be displayed during operating hours on all days in which the City is open for business, and on national and state holidays. Flags may be displayed twenty-four (24) hours a day as long as they are illuminated during darkness.

4. Flags shall not be displayed during inclement weather. However, all-weather flags may 306

ATTACHMENT A
be displayed twenty-four (24) hours a day.

5. When flags are displayed on a single pole, the order from top to bottom shall be:

United States fFlag, California State fFlag, the City of Greenfield fFlag (if applicable), and if displayed, any commemorative flag.

6. When flags are flown from adjacent flag poles, the United States Flag shall be flown at the highest point of honor, which is the furthest point to the left from the standpoint of the observer (“the flag’s right”). The California State fFlag shall be placed in the second position of honor. The City of Greenfield fFlag, if displayed, shall be placed in the third position of honor and any commemorative flag, if displayed, shall be placed in the fourth position of honor.

B. Commemorative Flags

1. The City’s flagpoles are not intended to serve as a forum for free expression by the public. The City, acting only under the specific authorization of City Council, may allow the raising of a commemorative flags at City Hall to honor a special event or occasion.

2. A “commemorative flag” for purposes of this policy shall mean a flag that honors or identifies an event, cause, nation, or group of people, that the Council chooses to honor as consistent with the City’s mission.

3. The Council shall only consider authorizing the display of a commemorative flag if the request is made by a member of the Greenfield City Council and another Councilmember agrees to place the discussion to authorize such display on the agenda for a regular or special City Council meeting. . RequestRequests by constituents, members of the public, or any other persons will not be considered.

4. At a noticed and agenized City Council meeting, a majority of Council members must agree to display the commemorative flag.

5. Commemorative flags displayed at Greenfield City Hall shall be displayed in the last position of honor beneath the City fFlag, unless otherwise directed by the City Council and to the extent such display does not conflict with federal law, state law, or this policy.

Flag Display Rules:

1. At no time will the City of Greenfield display flags deemed to be inappropriate or offensive in nature or those supporting discrimination, prejudice, or religious movements.

2. At no time will the City of Greenfield display flags of a political party or advocating for an election result.

3. Flag raisings must occur on business days, generally between the hours of 9:00 am and 5:00 pm.
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ATTACHMENT A

4. Commemorative flags shall be displayed for a period set by Council and flags shall not be displayed longer than thirty-one (31) continuous days annually.

5. All flag raising events must be open to members of the public. Guests must adhere to the City of Greenfield policy not to discriminate on the basis of sex, race, religion, etc.

6. A commemorative flag must be clean and serviceable with dimensions no less than 3 feet wide by 5 feet long and no greater than United States Flag flown by the City of Greenfield.

7. If ordered, flags may be lowered to comply with the U.S. Flag Code. If the Governor or other appropriate authority orders that the U.S. Flag be flown at half-staff, no other flag may be flown higher than the U.S. Flag.
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1 AGENDA DATE: July 18, 2025
MEETING DATE: July 22, 2025
TO: Mayor and City Council
FROM: Paul Wood, City Manager
TITLE: APPROVE THE MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF GREENFIELD AND THE SERVICE
EMPLOYEES’ INTERNATIONAL UNION LOCAL 521, CTW/CLC

BACKGROUND AND DISCUSSION
The current memorandum of understanding (“MOU”) between the City of Greenfield (“City”) and the Service Employees’ International Union Local 521, CTW/CLC (“SEIU”) expired on June 30, 2025. The City and SEIU have negotiated in good faith to amend and extend the term of the MOU to June 30, 2026. Below is a summary of the changes.

ARTICLE VII. DIGNITY AND PROFESSIONALISM
This Article was added to underscore the City’s commitment to providing a workplace where all persons are treated with dignity, respect, and in a professional manner, including with clear communication of performance expectations, while supporting employees’ opportunities for growth and input into bargaining unit decisions.

ARTICLE VIII. SALARY
For 2025-2026, employees will not receive an increase to base salary.

ARTICLE VIII. SALARY – SECTION E. LONGEVITY PAY
Updated wording was provided to clarify that employees will get a one-time lump sum payment of three percent (3%) of their annual compensation for each ten (10) years of continuous service occurring after July 2025. Previously, Section E provided a lump sum payment for employees with ten (10) years of service beginning June 30, 2015. Going forward, employees will receive three percent (3%) of their annual compensation for every ten (10) years of continuous service, not just after the first ten (10) years. This benefit is only available going forward.

City Council Memorandum
599 El Camino Real Greenfield CA 93937 831-6745591
www.ci.greenfield.ca.us
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2 ARTICLE X. UNIFORM
SEIU and the City have gone through the process to identify and approve uniforms, so language describing the approval process has been removed. The City will provide four (4) rather than two (2) caps per fiscal year for each Public Works employee. Also, the City will now provide a jacket with the City logo to office staff every two (2) years.

Section C regarding police department staff uniforms has been removed because non-sworn police department employees are no longer members of SEIU.

ARTICLE XI. MISCELLANEOUS – SECTION B. SICK LEAVE – NUMBER 4

BEREAVEMENT
Foster child, child of eligible domestic partner, stepbrother, and stepsister have been added as relatives eligible for bereavement leave.

ARTICLE XI. MISCELLANEOUS – SECTION I. INJURY ILLNESS AND PREVENTION

PROGRAM
The Safety and Health Compliance Committee (“Committee”) will now be composed of one (1) member of administration and two (2) members of the Public Works Department. Previously, the Committee was composed of one (1) member each from administration, the Police Association, and the Public Works Department. Non-sworn police department employees are no longer members of SEIU, so they have been removed from this language.

EXHIBIT B
This reflects that Police Services Technician I and II are no longer part of SEIU.

FISCAL IMPACT
There is a minimal fiscal impact for the additional jackets, hats, and longevity pay.

RECOMMENDATION
It is recommended the City Council adopt Resolution #2025-73, A Resolution of the City of Greenfield Approving the MOU between the City of Greenfield and the Service Employees’ International Union Local 521, CTW/CLC.

ATTACHMENTS

1. Resolution

2. MOU – Redline

3. MOU – Clean
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RESOLUTION NO. 2025-73

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD

APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF

GREENFIELD AND THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 521, CTW/CLC
WHEREAS, the Service Employees International Union, Local 521 (“SEIU”) and City of Greenfield (“City) have met and conferred in good faith; and WHEREAS, the City and SEIU have agreed on a Memorandum of Understanding.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Greenfield as follows:

1. The Memorandum of Understanding attached as Exhibit “A” hereto is approved.

PASSED AND ADOPTED by the City Council of the City of Greenfield, at a regularly scheduled meeting of the City Council held on the 22nd day of July, 2025 by the following vote:

AYES, and all in favor, therefore, Councilmembers:

NOES, Councilmembers:

ABSTAIN, Councilmembers:

ABSENT, Councilmembers:

_________________________________
Robert White, Mayor
Attest:
______________________________
Ann F. Rathbun, City Clerk
311
City of Greenfield
Memorandum
Of
Understanding
Between the

CITY OF GREENFIELD
And
THE SERVICE EMPLOYEES’ INTERNATIONAL UNION
LOCAL 521, CTW/CLC
Representing the
City of Greenfield General Unit
July 1, 20252 – June 30, 20265
SEIU 521
334 Monterey Street
Salinas, CA 93901
(831) 784-2560
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Table of Contents
Article I. Preamble....................................................................................4 Article II. No Discrimination………………………………………..….………4
Article III. Recognition………………………………………….………..……..4
Article IV. Prevailing Rights……………………………………….….….…….4
Article V. City Rights……………………………………………….…….…….5
Article VI. Union Rights…………………………………………….….……….6
Article VII. Dignity and Professionalism
Article VIII. Salary………………………………………………….…….…..….10
A. Bilingual (Spanish) Incentive Pay………………….…………….…..11 B. Overtime Pay………………………………………….…………....….11
C. On-Call Pay………………………………………………………….…11
D. Call Back Pay…………………………………………………………..12
E. Longevity Pay…………………………………………….…………….12
F. Classification Study Requests…………………………….………….12
G. Educational Reimbursement…………………………….……………12
H. Working Out of Class Pay…………………………………….……....13
I. Temporary Special Assignment Pay…………………….………...…13
J. Certificate Pay…………………………………………………………..14
K. Layoff Procedure……………………………………………….………13
Article IXVIII. Benefits……………………………………………………….……..16
A. Employee’s Portion of P.E.R.S………………………………….……16
B. Health, Vision and Dental Insurance………………………………...16 C. Life, Accidental Death and Dismemberment Insurance……….…..17 D. Long Term Disability Insurance……………………………….……...17
Article IX. Uniform Program………………………………………….………..17
A. Office Staff………………………………………………….…………...18
B. Public Works Maintenance Staff………………………….………..…19
C. Police Department Staff…………………………………………….…19
Article XI. Holidays……………………………………………………………..19
Article XII. Miscellaneous………………………………………………….…...19
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A. Vacation………………………………………………………….……...19
B. Sick Leave……………………………………………………….………21
C. Catastrophic Leave Program……………………………….…………23
D. Leave Donation……………………………………………….………...24
E. Probationary Period………………………………………….…………25
F. Residency Requirement…………………………………….……….…26
G. Drug Testing………………………………………………….………….26
H. Performance Evaluation………………………………….…………….27
I. Injury Illness and Prevention Program………………….…………….29 Article XIII. Grievance Procedure………………………………….……………30
Article XIVII. Disciplinary Procedure………………………………….…………..38 Article XIV. Term………………………………………………….…………….…44
Article XVI. Separability………………………………………………..………….44
FULL UNDERSTANDING MODIFICATION, WAIVER……………..……………44
Appendix A FY 2016 Monthly Salary Schedule ………………….….…………47 Appendix B Recognized Employee Classifications …………………….………48 314
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MEMORANDUM OF UNDERSTANDING
Between the City of Greenfield and the
Service Employee’s International Union
Local 521, CTW/CLC
July 1, 202519 – June 30, 20262
Article I. Preamble
This Memorandum of Understanding is entered into by the City of Greenfield, (hereinafter referred to as the City), and the Service Employee’s International Union Local 521, CTWCLC (hereinafter referred to as the “Union”) and pursuant to California Government Code Section 3500 et seq.

It is agreed by and between the parties that any provision of this agreement requiring legislative action to permit its implementation shall not become effective until the date of action by the City Council.

Article II. No Discrimination
The City and the Union will cooperate in pursuing the policy of no discrimination pursuant to federal and State law.

The parties further agree not to discriminate against any union member for his or her membership or non-membership with the union.

Article III. Recognition
Pursuant to California Government Code Section 3500 et seq., the City certifies the Union as the sole and exclusive bargaining agent for any and all classifications listed within Appendix A of this MOU.

Article IV. Prevailing Rights
The City agrees that any written right or working condition within the scope of representation shall remain in full force and effect except those rights modified by this Memorandum of Understanding during the term of this Memorandum of Understanding, or those modified by the parties after meeting and conferring on the subject. 315
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The article included in this Memorandum of Understanding constitutes a full and complete understanding between the City and the Union on all matters within the scope of representation for the period stated of this Memorandum of Understanding.

Article V. City Rights
Nothing in this Agreement shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy which include, but are not limited to:
1) The exclusive rights to determine the mission of its constituent departments, commissions and boards;
2) Set standards and levels of service:
3) Determine the procedures and standards of selection of employment, and promotions
4) Direct its employees;
5) Establish and enforce dress and grooming standards;
6) Relieve its employees from duty because of lack of work or other lawful reasons in accordance with the layoff provisions of this MOU;
7) Maintain the efficiency of government operations;
8) Determine the methods, means and numbers of personnel by which government operations are implemented;
9) Determine methods of financing;
10)Determine type(s) of City-issued apparel, equipment and/or technology to be used; 11)Determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted 12)Determine and change the number of locations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or sub-contract any work or operation of the City unless altered by the provisions of this Memorandum of Understanding. 316
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13)To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and temporarily change work schedules and assignments upon reasonable notice;
14)Establish and modify productivity and performance programs and standards; 15)To hire, promote, or transfer employees;
16)Discharge, suspend, demote, reprimand, withhold salary increases and/or benefits, or otherwise discipline employees for just cause, in accordance with applicable law and all relevant provisions of this Memorandum of Understanding; 17)Establish employee performance standards including, but not limited to, quality and quantity standards, and to require compliance therewith; This Agreement is not intended to restrict the right of the City to consult with the Union regarding matters within this Article. However, the parties understand that such consultation shall not create any obligation to meet and confer over issues not within the scope of representation.

Pursuant to MMBA Section 3504, the scope of representation shall include all matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order.

Article VI. Union Rights
A. Recognition
The City has certified the Union as the exclusive bargaining representative of the unit consisting of regular employees in the classifications listed in Appendix B. The Union shall have the right to represent said employees in all matters relating to employment conditions and employer-employee relations, including, but not limited to wages, hours and other terms and conditions of employment.

B. No Discrimination
An employee shall have the right to form, join and participate in the activities of employee organizations of the employee's own choosing for the purpose of representation on all matters of employer-employee relations including wages, hours, and other terms and conditions of employment. No such employee shall be 317
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interfered with, restrained, coerced or discriminated against by the City or the Union because of his/her exercise of the rights established by law.

C. Duty of Fair Representation
The Union, as the exclusive representative, has the duty to provide fair and nondiscriminatory representation to all workers covered by this MOU, regardless of whether they are members of the Union.

D. Dues Collection
The City agrees to continue to allow dues and other mutually agreed upon payroll deductions, including voluntary COPE contributions, to be deducted from the pay of employees who authorized such deductions in writing on a form provided by the Union and approved by the City. Such deductions shall be collected bi-weekly and remitted in a lump sum on a bi-weekly basis to the Union. The City may from time to time adopt rules and regulations relating to administration of this dues collection provision. The City shall not deny consent for reasonable payroll deductions, nor shall Union unreasonably request payroll deductions.

Deduction Report:

A deduction report with an alphabetical listing of dues deducted for Union represented workers shall be forwarded electronically to the Union on a bi-weekly basis. This deduction report shall be submitted in an electronic format for importing and posting purposes. The report shall list the following:
• Employee Identification Number
• Employee’s name (last, first)
• Home address
• Home phone number
• Cell phone number (if on file)
• Representation Unit
• Department
• Classification
• Hourly Rate/base pay on which deductions were calculated, • Hours worked in the pay period
• Amount deducted in current pay period,
• COPE deduction
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Authorization:

The Employer shall accept authorization(s) of dues deduction, Union membership, and COPE deduction that bear a hand-written signature, a web-based/online signature, an electronically-recorded voice authorization, or another means of authorization acceptable to the Union and allowable under the state and federal law. Requests to authorize deductions shall be directed to the Union rather than the City. Requests to revoke or change an authorization shall also be directed to the Union rather than the City. The Union shall be responsible for processing these requests and notifying the City immediately of any change.

Custodian of Record:

Upon receipt by the Employer of an email or report that an employee(s) has authorized Union membership dues, agency shop fees, voluntary COPE checkoff, and any other payroll deduction, the Employer shall honor that submission.

The Union agrees to submit electronic reports to the Employer listing any new or changed authorizations.

The Employer agrees to promptly deliver to the Union any authorizations for membership, payroll deductions, voluntary COPE check off, and/or other deductions within five (5) business days from date of employer receipt.

Voluntary COPE Check-Off Authorization:

Any member who chooses to contribute to the COPE fund may do so by submitting a voluntary COPE Check-Off authorization to the Union specifying the amount they choose to have deducted each pay period. The Employer shall continue to deduct each paycheck a worker’s voluntary COPE check-off authorization until notified by the Union.

Promotion/Change in Job Title/Reinstatement from Wrongful Termination/Re-Entry/ Department Change:

Upon promotion, any change in job title/classification, any change in department, any change in temporary or permanent status, reinstatement, return from an unpaid leave of absence, or recall from layoff, the employee shall have his/her deductions continued the first pay period based on the same status they had previously.

If a current employee is promoted, demoted or transferred into a position in another SEIU represented bargaining unit, the employee’s current deduction status will continue.
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Indemnification:

The Union shall indemnify and defend and hold the City harmless against any claims made, and against any suit instituted against the City, arising out of or related to the collection of Union dues and other mutually agreed upon payroll deductions. In addition, the Union shall refund to the City of Greenfield any amounts paid to the Union in error upon presentation of supporting evidence.

E. Union Access
The City agrees to allow an official business representative of the Union to visit City facilities, where represented members are working, provided that such visit does not in any manner interfere with the City's business or operations; the representative has given advance notice of the visit and the purpose of such visit; and has received authorization for such visit from the appropriate City management personnel.

F. Union Representation
The City agrees to provide for paid release time for up to two (2) official representatives of the Union for the sole purpose of meeting and conferring with representatives of the City.

When a person is hired in one of the classifications represented by the Union, the City shall notify that person that the Union is the exclusive bargaining representative for that classification.

G. Stewards and Official Union Representatives
The Union shall be authorized to designate one steward and one alternate steward for the limited purpose of the processing and investigating of grievances. Stewards shall be allowed a reasonable amount of paid time off for this purpose as long as there is no disruption of work. The Union shall notify the City in writing of the individuals selected as soon as possible.

A steward must first obtain permission through the steward’s immediate supervisor or normal supervisory channels before leaving their work or work location. It is further agreed that the City shall not pay stewards for time spent in handling grievances when they are not regularly scheduled to work.

The City agrees to provide paid release time for Union representatives to attend mutually agreed meetings. The Union agrees, in so far as possible, to notify Management at least 24 hours, in advance of the request for release time, excluding weekends and holidays, the name(s) of the Union representative(s) to be released. Management agrees to arrange/notify for release time with 320
10 SEIU MOU 07.01.2022 – 06.30.20252025-6.30.2026
appropriate supervisor(s). Release time arrangements shall include a reasonable amount of travel time.

The City shall allow Stewards eight (8) hours each per year without loss of compensation or other benefits to attend a shop steward training course or to attend other trainings sponsored by the Union, provided that such leave will not result in a disruption to the City’s operations.

H. Public Documents
Upon written request, the City shall provide to the Union, as required under the “Public Records Act”; copies of unprivileged and non-confidential documents relating to matters within the scope of representation.

I. Use of Bulletin Boards
The City will provide the Union with reasonable bulletin board space at reasonable locations. Bulletin boards may be used solely for the purpose of posting or distributing notices or announcements for such things as social events, recreational events, and Union meetings, results of Union elections and reports of Union minutes. All materials must identify the Union and be approved by the City Manager for posting.

J. Union Orientation
The City shall allow a Union Representative thirty (30) minutes of release time to meet with any new employee for the purpose of union orientation. The thirty minutes shall be contiguous with the new employee’s orientation provided by the City. The City will notify the union representative of record, within 24 hours of the new employee’s acceptance of the conditional offer, of the employee’s start date, and of the date and time of the scheduled orientation, as soon as practicable, but no later than two (2) weeks in advance of the scheduled orientation. If the City is unable to notify the Union Representative as outlined, the City will provide release time for the new employee and the Union Representative to complete the union orientation at a later scheduled date and time.

Article VII. Dignity and Professionalism
The City is committed to providing a workplace where all persons employed by the City of Greenfield, regardless of their classification or pay status are treated with dignity, respect and in a professional manner, by all other persons employed by the City of Greenfield, regardless of their classification or pay status. All City staff shall treat one another in the ways we want to be treated ourselves, including clear communications of expectations regarding performance, support of individual opportunities for growth, and provide opportunities for input into decisions when they impact bargaining unit employees directly.

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Article VIII. Salary
Effective with the signing of this Agreement, the City shall implement the follow the salary schedule/steps as set forth in Appendix A:

A. For FY 20252-20263 all employees shall receive a 04% increase to base salary. effective July 1, 2022.

B. For FY 2023-2024 all employees shall receive a 4% increase to base salary effective July 1, 2023.

C. For FY 2024-2025 all employees shall receive a 4% increase to base salary effective July 1, 2024.

A. Bilingual (Spanish) Incentive Pay
All SEIU represented employees that utilize a second language in the normal course and scope of their employment shall receive $130.00 of additional pay each month. To be eligible for consideration, employees must be in a position in which they use their bilingual skills in the normal course and scope of their employment as approved by the City Manager. To receive bilingual pay, employees must take and pass a proficiency test.

B. Overtime Pay
Overtime pay is calculated in terms of work period-not a pay period. Employees will be paid one and one-half (1 ½) times their regular rate for any hours worked over eight hours per day or forty (40) hours per workweek.

If in the judgment of an appointing authority, extra hours are required to be worked by an employee for the accomplishment of City business, the appointing authority may authorize and require the performance of said extra hours.

For the purposes of this section the hours and corresponding dollar values associated with a City holiday (whether actually worked or not), shall be considered as hours worked for the purpose of calculating overtime.

Except as otherwise provided herein, employees in overtime eligible classes shall be compensated for overtime authorized by their Appointing Authority by either 1) compensatory time off at the rate of one and one-half (1-1/2) hours credit for each hour of overtime, or 2) in cash at the rate of one and one-half (1-1/2) times the employee’s regular rate of pay.

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The method of compensation shall be determined by the Appointing Authority after consulting the affected employee as long as the employee’s compensatory time off accrual balance is no more than forty (40) hours.

If an employee has a compensatory time off accrual balance of at least forty (40) hours but no more than eighty (80) hours, the employee shall have the choice of compensation for overtime by either compensatory time off or cash.

An employee shall not be allowed to accumulate more than eighty (80) hours of compensatory time off, above which maximum all overtime compensation shall be paid in cash.

C. On-Call Pay
Public works On-Call Pay shall be one hundred eighty dollars ($180.00) per assignment period (one week Tuesday to Tuesday) plus one and one-half times (1½) times’ compensation for hours worked. On-Call employees must provide the City with a contact number which dispatch can call for service.

No employee will be required to accept an On-Call duty assignment unless the City is unable to obtain a volunteer. Employees selected for On-Call duty will be selected from a list of available and willing employees.

D. Call Back Pay
Public Works employees shall be guaranteed at least one (1) hour of pay at 1.5 times base hourly rate on call backs that are less than one (1) hour of work.

E. Longevity Pay
In recognition of an employee’s years of public service to the community, employees with ten (10) years of continuous service shall receive a one-time lump sum payment equal to three percent (3%) of their annual base compensation for each ten (10) years of continuous service beginning occurring after Julyne 30, 202515, payable in the first pay period of July.

F. Classification Study Requests
The Union and City shall conduct an informal Compensation and Classification study and shall define the relevant labor market, comparable positions to be included in the study and acceptable methodology for determining classification and compensation adjustment.

G. Educational Reimbursement
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To qualify for educational reimbursement, the employee must be a full-time employee and the course selected must prepare the employee for future promotional opportunities and enhance their value to the City.

Each employee desiring to receive an educational reimbursement must attend the course on the employee’s own time; complete the course satisfactorily with a passing grade of “C” or its numerical equivalent or better. The City shall pay for the first test or examination for job requirements and/or job-related exams as approved by the City Manager or department head. If the exam is not passed on the first try, the employee shall be responsible for all further fees.

H. Working Out of Class Pay
A temporary five percent (5%) premium will be paid for services performed outside of employee’s job classification lasting more than ten (10) working days.

Employees performing approved additional services less than ten (10) working days shall not be eligible for the five percent (5%) premium.

Should an approved additional service last more than ten (10) working days, affected employees shall be paid the five percent (5%) bonus retroactively to the first day of the assignment.

For purposes of this provision, prior approval shall be required from both the department head and City Manager. The City Manager may apply the premium retroactively without prior approval.

This temporary payment shall terminate after ninety (90) calendar days unless an extension is specifically approved by the City Manager.

In determining whether an employee is working out of their position classification, the City will consider the distinguishing features of that classification, essential functions of the position and the required knowledge, skills and abilities needed to perform the additional assignments. Request for premium pay shall be denied if the assignment or duties are not considered outside the parameters of the job classification or exceed the minimum experience and education requirements of the job classification.

I. Temporary Special Assignment Pay
Employees temporarily assigned by a manager to perform the duties of a higher classification or skill level beyond the regular scope of their classifications shall 324
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receive, in addition to their regular rate of pay, a temporary special assignment pay of no less than five percent (5%).

An employee given a Temporary Special Assignment to a higher classification must possess the minimum educational/experience qualifications for the classification and must be performing the full range of duties of another position classification or skill level to be eligible for Temporary Special Assignment pay.

Temporary Special Assignments are an administrative tool that provide a vehicle for ensuring that appropriate and necessary staffing levels are maintained during employee absences and certain approved administrative actions. To be eligible for Temporary Special Assignment pay, an employee must perform, on a full-time basis, all of the significant duties and responsibilities of a higher classification.

A Temporary Special Assignment may be approved when any of the following apply:
• An employee performs all of the significant duties of a vacant position in a higher classification.

Temporary Special Reassignment shall not exceed 180 days unless specifically approved by the City Manager and are not intended to resolve long-term or permanent staffing issues. To the extent applicable, Temporary Special Reassignments shall also be in accordance with CalPERS rules and regulations for out-of-class work.

J. Certificate Pay
Full Time Employees are entitled to additional pay of $50.00 per certificate up to a maximum of five (5) certificates. Certificates must be in addition to those certifications already required for the Employee’s specific job classification in the following areas.
• Pesticide Application System Cross Connection
• Wastewater Treatment Plant Operator – Grade I, II, III, IV • Water Treatment Operator – T1, T2, T3, T4, & T5
• Water Distribution Operator – D1, D2, D3, D4 & D5
• Back-flow Prevention General Test
• Cross-Connection Specialist
• Qualified Application Certificate – QAC
• Heavy Equipment Operator - Certified
• General Irrigation & Landscaping Certificate
• AA Degree
• Class A Commercial Driver’s License
K. Layoff Procedure
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Section 1: Layoff Due to Lack of Work, Funds or Other Reasons The City shall notify the Union and all affected Employees in writing of potential layoffs, including the reasons for the layoffs, no less than forty-five (45) calendar days before any layoffs are scheduled to take effect. Once the Employees and Union have been notified of potential layoffs, the timeline for the layoff and/or reduction in force process shall commence and follow the below listed steps:

1. Upon notice from the City of proposed layoffs, the parties shall have fifteen (15) calendar days to meet and confer over alternatives to layoffs and or reduction(s) in force.

2. If, after the fifteen (15) day timeline, the Union and City cannot identify a viable alternative to layoffs, the City may issue layoff notifications thirty (30) days in advance of the effective layoff/reduction in force date.

3. Upon the thirty (30) day layoff/reduction in force notification, the employee(s) shall have the choice to either work the remaining thirty (30) days or receive thirty (30) days’ pay and full benefits in-lieu of time worked.

In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by City personnel policies. If an employee is laid off from their job with the City, for economic reasons, the City will grant severance pay, in addition to any “pay in lieu of time worked” (as outlined in item #3 above), in an amount equal to two (2) weeks of pay for every full year of continuous employment service up to eight (8) weeks of pay.

Layoffs and Reduction in Force (RIF) includes:
• Temporary Reduction: Recall to work is expected within twelve (12) months.
• Permanent Reduction: Recall to work is not expected because the position has been eliminated, the contract has expired, the department has closed, or the reduction in force is due to budgetary constraints.

Should layoffs and or a reduction in force be enacted, the Union shall retain all rights to meet and confer over any and all ensuing impacts and effects.

Section 2: Order of Layoffs
The order of such layoffs should be based on seniority with the least senior employees in the classification being laid off first, unless it can be demonstrated that an employee possesses special skills, training and/or abilities necessary to maintain the daily operations of the City. Reinstatement shall be in the reverse order of lay-offs.
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When one or more employees assigned to the same classification within a department are to be laid off, the order of lay-offs shall be as follows:

1. Temporary

2. Probationary

3. Regular
In the event of a reduction in force (RIF), or the reduction or elimination of a particular classification, there shall be no bumping into positions in which the employee does not qualify.

Article IXVIII. Benefits
A. Health, Vision and Dental Insurance
Health Care

The City will provide basic and major medical, vision and dental care plan for all employees and their dependents subject to the following provisions:

1. Employees shall contribute $135.00 per month toward medical coverage depending on the plan selected by the City

2. In addition to the $135.00, employees shall pay twenty-five percent (25%) of the premium cost for dependent care coverage, (25% per dependent up to 3 three dependents and 1 spouse or partner).

3. Dental insurance reimbursement will be annually capped not to exceed $2,500.

The parties recognize that certain State and Federal laws, programs and regulations, including the Affordable Care Act, may impact future medical plan offerings. In the event reform measures alter healthcare coverage options, cost, or other elements of healthcare services that materially alter the provisions of this MOU, either party may request to reopen Section 4(a)(2) regarding medical insurance for the purpose of discussing alternative approaches and proposals to providing healthcare coverage. In addition, should State or Federal laws concerning taxation of healthcare benefits change, the parties agree to meet and confer to discuss the impacts of such change.
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Health Insurance Review Committee:

A Health Insurance Review Committee shall be composed of representative from the City and duly designated bargaining units as follows:

1. SEIU 521

2. City HR/Admin

3. GPOA/GPSA
SEIU 521 representatives will include up to two (2) members, in addition to one (1) staff representative.

The Committee will meet once a quarter to review and consider alternative plans and/or plan modifications.

In the event the Health Insurance Review Committee recommends plan modification to the City and the Parties agree on the modifications, the parties (i.e. Union and City) will reopen this Article of this Agreement to allow implementation of the agreed upon modifications.

In the event that this committee is unable to agree to modifications nothing in this Article shall obligate the City to assume additional health care cost that exceed the total aggregate cost for current bargaining members as outlined in Appendix G.

This Committee will remain in effect and will follow the same procedure and timeline listed above for each subsequent fiscal year during the term of this agreement.

B. Life, Accidental Death and Dismemberment Insurance
The City shall pay for the premium of a fifty-thousand-dollar ($50,000.00) term life and accidental death and dismemberment policy sponsored by the City, for all unit employees.

C. Long Term Disability Insurance
The City shall pay for the premium for a long-term disability plan for employees as implemented in the Standard Insurance Long Term Disability Plan.

D. Labor Management Committee
The parties will establish a labor-management committee that will meet on an “As Needed Basis” up to four (4) times a year to discuss issues of concern to the bargaining unit employees.

Article IX. Uniform Program
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The purpose of the City Uniform Program is to maximize safe working conditions, reflect good appearance and to provide ease of recognition, and/or identification for employees by the public. All City issued uniforms and all other related dressing accessories are to be kept well maintained and may not be used for recreation or off duty purposes. No employee shall affix, adorn or otherwise alter any department provided uniform by adding patches, emblems, pins, etc., unless such items and/or alterations are legally protected as Union rights, or issued, authorized, or provided by the department. Employees are prohibited from wearing their City issued shirts or uniforms at bars, night clubs or any other places that would bring discredit to the City (during non-working hours). In exercising legally protected Union rights, the Union acknowledges that the City has a legitimate business interest in maintaining a professional image for its public employees, and a cornerstone of this image is its requirement that all employees dress in professional attire and project a positive image to the public.

Before implementation of the Uniform Program, the Union and the City shall form a committee to include the City Manager and two (2) Union members to identify appropriate uniform options. Upon consensus within the committee, the committee shall present the proposed uniforms to the membership for a final vote of approval. Should the members reject the proposed uniforms the committee shall reconvene to explore alternative uniforms.

Employees are liable for issued uniform items that have been lost, stolen or damaged beyond economic repair, except if the damage is due to the nature of the job. If a uniform has been damaged as a result of the nature of the job or extenuating circumstances, employees are required to report and request a replacement form their direct supervisors.

The City will provide each employee required to wear safety boots with a reimbursement of up to $200 for the purchase of safety boots at the beginning of each fiscal year. All eligible employees under this MOU shall submit receipts for the purchase of safety boots prior to and as a condition of reimbursement. The City will also provide 2 safety jackets and 2 4 caps per fiscal year for each Public Works employee.

A. Office Staff
The City will annually provide each employee in the unit eight (8) dress shirts with the City logo and a jacket with the City logo every two (2) years. City issued uniforms must be worn during their hours of employment. The City reserves the right to prescribe the casual wear days and community events wherein uniforms will be worn. Maintenance of such uniforms shall be at the employee’s expense. Replacement uniforms shall only be for on-duty damage.

B. Public Works Maintenance Staff
Employees will be provided (11) uniforms which will be worn while performing their work duties. The City will incur the costs for cleaning such uniforms on a weekly basis.
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Employees must return all uniforms and any City issued property to the City upon separation of employment. Failure to do so will result in deduction from final check for missing uniforms or property.

C. Police Department Staff
Employees will be provided two (2) uniforms per fiscal year.

Employees are responsible for returning issued uniform items in a clean and serviceable condition by the end of their employment term with the City.

D.C. Taxes on Uniforms
Per IRS guidelines, uniforms or clothing, provided by the employer or provided through an allowance to the employee, are excludable from taxable wages of the employee if they are specifically required as a condition of employment and are not worn or adaptable for general use as ordinary clothing. Uniforms or clothing, provided by City of provided through an allowance to the employee, are includable in taxable wages of an employee if they do not qualify for all the relevant IRS exclusions.

Article XI. Holidays
The City shall provide fourteen (14) paid holidays and they are specified as follows:

• January 1st
• The third Monday in January, observed as Martin Luther King Jr. Day • The third Monday in February, observed as President’s Day • The last Monday in March, observed as Cesar Chavez’ Day • The last Monday in May, observed as Memorial Day
• July 4th
• The first Monday in September, observed as Labor Day
• The second Monday in October, observed as Columbus Day • November 11th, observed as Veteran’s Day
• The fourth Thursday in November, observed as Thanksgiving Days • The day subsequent to the fourth Thursday in November • December 24th, observed as Christmas Eve
• December 25th, observed as Christmas Day
• A personal holiday approved by the employee’s supervisor Employees required to work on a holiday shall receive paid compensation at a rate of one and one-half (1 ½) times the employees’ regular rate of pay plus receive the employees’ regular paid compensation for the holiday.

Article XII. Miscellaneous
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A. Vacation

1. Vacation Policy
The purpose of annual vacation leave is to enable each eligible employee to take a break from his work and return mentally refreshed.

For this reason, it is the intention of the City that vacations are taken, insofar as possible, in period of one week or more.

2. Vacation Accrual
All full-time employees shall be credited with vacation time related to years of continuous service in accordance with the following schedule:
a. Less Than Five (5) Years. For employees completing less than five (5) years of continuous service, six and two-thirds (6 2/3) hours for each month of service – ten (10) working days per year. No more than 240 hours may be accrued at one
time.
b. Five (5) or More Years. For employees completing five (5) or more years of continuous service, ten (10) hours each month of service – fifteen (15) working days per year. No more than 360 hours may be accrued at one time.
c. Fifteen (15) or More Years. For employees completing fifteen (15) or more years of continuous service, fourteen (14) hours for each month of service – twenty-one (21) working days per year. No more than 504 hours may be accrued at one time. d. Any further changes in vacation time will be set by resolution by the City Council.

Vacation shall be credited on a prorated basis of the amount of time in which the employee is in pay status during that month. Vacation time shall be credited at the end of each month of service.

Employees must use one week of accumulated vacation time each year and may not accumulate more than the maximum accruals specified above based on years of service with the City, without approval of the City Manager. Once the maximum accrual has been reached, the employee shall cease to accrue additional vacation until the balance is reduced below the maximum. Employees shall be paid for accumulated 331
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vacation time upon termination of employment. Vacation requests will be approved or denied within seven (7) calendar days from when the request was submitted.

3. Use of Vacation
Employees shall complete six (6) months of continuous service before becoming eligible to use accrued vacation leave unless the City Manager shall authorize the utilization of accrued vacation prior to the completion of this period. The scheduling of and duration of an employee’s use of accrued vacation leave shall be approved by the department head. Employees shall not work for the City during their vacation in order to earn double compensation. Maximum vacation accrual shall be in accordance with City Rule 20.

In the absence of a departmental policy approved by the City Manager, employees shall apply for vacation at least seven (7) calendar days before the requested effective date of vacation. Should the requests of two employees’ conflict, the supervisor may recommend to the Department Director changes to best accommodate all employees.

Important criteria to be considered by the supervisor are the classification and seniority of the employees, the dates on which the vacation requests were submitted and workload requirements.

4. Compensation in Lieu of Time Off
Each year an employee may request that the City purchase accrued vacation hours in excess of 80 hours. All vacation hours purchased shall be approved by the City Manager. All requests that the City purchase accrued vacation must be made by November 15th and will be paid by December 1st of each year. Payment of vacation hours shall be subject to the availability of funds as determined by the City Manager.

5. Holiday Falling During Vacation
In the event a City holiday falls within an employee’s vacation period which would have excused the employee from work and for which no other compensation is made, such holiday shall not be charged as a vacation day.

6. Vacation at Termination
Employees shall be paid for accumulated vacation time upon termination of employment..

7. Military Service – Vacation Pay-Off Exception
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An employee who interrupts his municipal service because of extended military leave shall, upon the employee’s request, be compensated for accrued vacation at the time the leave becomes effective.

B. Sick Leave

1. Statement of Policy
The purpose of sick leave is to provide an employee time off without loss of pay due to illness.

Sick leave shall be allowed and used only in the case of necessity and actual personal sickness or disability, medical or dental treatment, or in the case of an emergency illness in the immediate family. Immediate family shall mean the spouse, parent, child, brother, sister, or a close relative residing in the household of the employer.

2. Eligibility
In order to receive compensation while absent on sick leave, the employee shall notify the head of the department prior to the first day of absence. Notification shall be at least two (2) hours prior to the time set for the beginning of said employee’s work shift. Department heads may, at their discretion, reduce the time period required for notification prior to absence and may grant exceptions to the notification requirement if an unreasonable hardship would be imposed on the employee.

When an employee is absent due to illness or injury for more than three (3) days, a physician’s certificate shall be required stating the cause of the absence and attesting to the employee’s ability to resume work. Five (5) days of sick leave shall be permitted in case of death of an immediate family (Spouse, parent, child, brother, sister or a close relative residing in the household of the employee)

3. Sick Accrual
Sick leave shall be accrued monthly, beginning with the first month of employment, provided the employee has been in pay status for fifty (50) percent or more of the first or any month thereafter. Sick leave shall be added to the employee’s sick leave accumulation account upon completion of each calendar month with no credit applied during the progress of the month for portion of the month during which the employee terminates his/her City service. Sick leave shall be accrued at the rate of eight (8) hours per month for all City employees; an employee may only accumulate 650 hours of sick leave.

4. Bereavement Leave
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Five working days of sick leave, per occurrence, shall be permitted in case of death of a relative, defined as follows: Parent, Stepparent, Spouse, Domestic Partner, Child, Grandchild, Grandparent, Brother, Sister, Stepchild, Mother-in-law, Father-in-law, Daughter-in-law, Son-inlaw, Sister-in-law, Brother-in-law, Aunt, Uncle, Niece, Nephew, immediate family members of Domestic Partner or any person residing in the immediate householdparent, stepparent, brother, sister, spouse, eligible domestic partner, child, foster child, child of eligible domestic partner, step child, grandparent, grandchild, father-in-law, mother-inlaw, daughter-in-law, son-in-law, step brother or step sister, sister-inlaw, brother-in-law, aunt, uncle, niece, nephew, immediate family member of eligible domestic partner and any person residing in the immediate household.

5. Deductions
Sick leave pay shall be granted on an hour-for-hour basis. Calls for medical, dental or other similar practitioner’s office which are made during working hours for other than job-related injuries shall be considered sick leave if they are longer than one (1) hour.

6. Incentives
As an incentive to discourage misuse and encourage long term honorable active service, an employee who retires and/or resigns in good standing shall receive payment in direction proportion to the increments and percentages provided in the following formula:

A. After five (5) years of continuous service and separation in good standing, ten (10%) percent of accumulated sick leave.

B. After ten (10) years of continuous service and separation in good standing, twenty (20%) percent of accumulated sick leave.

C. After fifteen (15) years of continuous service and separation in good standing, thirty (30%) percent of accumulated sick leave.

D. After twenty (20) years of continuous service and separation in good standing, forty (40%) percent of accumulated sick leave.

C. Catastrophic Leave Program
The Catastrophic Leave Program allows permanent employees (those who have successfully completed their probationary period) under specified conditions to receive donated vacation leave from their co-workers when they 334
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are unable to work and are experiencing financial hardship as the result of a catastrophic illness or injury.

Eligibility
To qualify for participation in the program, employees suffering a catastrophic illness or injury must have an approved absence and expect to exhaust all paid leave credits. Paid leave credits include all sick leave, vacation, personal holiday credits, and compensatory time off.

A catastrophic illness or injury is defined as a severe illness or injury that incapacitates an employee and creates a financial hardship once the employee has exhausted all paid time off.

Procedure for Participation
Only full-time employees with a minimum of one year of employment at the time of the leave are eligible to participate in the program. Employees who wish to receive benefits from the program must submit to Human Resources or their designee, a request to participate in the catastrophic leave program. The request will be reviewed to ensure that it meets the established criteria of the program. All requests for participation in the program must include:
• Name and work location of employee;
• Reason for the request and a physician’s verification of the illness or injury of the employee or family member;
• Dates of absence;
• Specific date when leave credits are expected to be exhausted:

Human Resources will review the following factors and submit to the City Manager for final approval:
• Length of permanent employment.
• The amount of time already used for this specific situation. • Patterns of sick leave previously use for this specific situation. • Eligibility for long-term disability insurance.
• The employee’s work record and job performance.

The City Manager shall have sole and final discretion in the authorization of the vacation leave transfer. If approved by the City Manager, an announcement soliciting voluntary vacation leave donations will be sent to all employees of the City for requests that have been approved and meet the established criteria of the program.

D. Leave Donation
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Employees desiring to donate vacation leave credits are required to sign an authorization form indicating the amount of leave donated and the number of hours. Only vacation leave credits are eligible for donation. A minimum donation of one hour is required to a maximum of eight hours per employee.

The contributing employee will be notified when the vacation leave is deducted from his/her account. A maximum combined contribution of 160 hours will be transferred into the employee’s sick leave record. Any unused portion of the donated sick leave will remain in the contributing employee’s record.

Contributions in excess of 160 hours will be kept on file in the event the requesting employee had need beyond the initial request.

The City will transfer vacation leave credits, hour for hour, from the leave records of donating employees to the recipient’s leave record. Donations will be credited to the recipient’s record, and will be available for use, once all leave credits have been exhausted.

Employees who receive donated credits through this program will be required to use any leave credits they continue to accrue on a monthly basis prior to receiving credit from donations. At no time may a recipient receive more than 100% of their current salary while on leave. The City will not disclose the identities of the donors to the recipient. The use of donations for catastrophic illness or injury will be limited to a maximum of twelve continuous months for each occurrence.

E. Probationary Period

1. Objective of the Probationary Period
The probationary period shall be regarded as part of the examination process. It shall be utilized for closely observing the employee’s work and for securing the most effective adjustment of a new employee to the new position.

2. Probationary Period: Regular Appointment
All original and promotional appointments to the classified service positions shall be subject to probationary period of six (6) months for all non-safety employees.

The City Council may, by resolution, establish a different probationary period for specified classes either directly or by approval of an employment contract.

3. Notification and Retention of Probationer
The Personnel officer shall notify the department head of any probationer one month in advance of the completion of any probationary period. The department head shall recommend in writing to the Personnel Officer 336
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whether the employee should be retained beyond their probationary period.

The City Manager shall make the final determination whether or not to retain the probationer.

4. Rejection of Probationer
During the probationary period an employee may be suspended, demoted or terminated at any time by the department head with the approval of the City Manager without cause and without the right of appeal or to submit a grievance. Notification of rejection in writing shall be served on a probationer and a copy filed with the Personnel Officer.

5. Rejection Following Promotion
An employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which that employee was promoted, unless that employee is discharged from the classified service in the manner provided in these rules and regulations.

6. Promotion during Probationary Period
An employee promoted to a position with greater maximum rate of pay than that of the employee’s original appointment shall be deemed a new probationary employee and will commence the probationary period on the effective date of said promotional appointment.

7. Reappointments
Reappointments after termination will be considered as new employment except for reappointment from a re-employment list where the reappointed employee had previously completed the probationary period in the position from which they were laid off.

F. Residency Requirement
All public works employee will be required to establish and maintain continuous residence in a location which permits them to respond in a reasonable time to an emergency call. This requirement will be met so long as the employee lives within thirty (30) () air-miles of the Greenfield Corporation Yard. Employees are required to be in compliance with this requirement on or before the completion of their probationary period. Based on a documented hardship, the City Manager may modify or waive this requirement in any manner that is in the best interest of the City. The decision to waive or modify this requirement by the City Manager is not subject to appeal or arbitration.

G. Drug Testing
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All City employees are expected, as a condition of employment, to remain free of drugs or alcohol in the workplace. The City will not tolerate the use of illegal drugs by its employees, nor will it tolerate the use of any drug or alcohol which may imperil the health, safety, or well-being of its employees or the public. The City provides an Employee Assistance Program (EAP) to help employees and their families who suffer from alcohol and drug abuse, stress, or other mental or health problems. It is the personal responsibility of each employee to seek assistance from the EAP before drug abuse and alcohol problems lead to disciplinary action or interfere with job performance. Management may refer employees to the EAP at such time as they perceive an employee’s job performance or attendance is deteriorating.

Pursuant to Federal Drug-Free Workplace Action of 1990, the City of Greenfield has adopted a policy setting forth the terms and conditions to establish and maintain a drug-free workplace. The policy, entitled “City of Greenfield DrugFree Workplace,” is incorporated in Personnel Rule 17, Section 6, Attachment A.

Post-Crash Testing – Employees will be subject to alcohol and drug testing when:

1. The employee contributes to or is responsible for an on-the-job preventable vehicular Crash or;

2. Any time the driver receives a citation under state or local laws, or;

3. Personal injury or death involved, or;

4. One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicles.

If it is not feasible to move an injured employee from a treating facility, specimens may be obtained at the treating facility following the procedures set forth by the approved laboratory and transported to an approved laboratory.

Any employee subject to post-crash testing who leaves the scene of an accident (unless it is prudent to do so for medical or notification purposes, or permission is granted by a supervisor or management) before testing is administered, drinks alcohol within eight (8) hours following the accident without first being tested, or fails to remain available for testing, will be deemed by the City to have refused to submit to testing. Such refusal will be treated as if the employee had received a verified positive for controlled substances or has an alcohol test result of .04 or greater.

H. Performance Evaluation
Written performance evaluations shall be conducted annually and serve the following purposes:
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1. To promote communication between employee and supervisor about the employee’s work performance and means by which that performance might be enhanced;

2. To establish goals and expectations for the coming year;

3. To identify and encourage ways in which the employee can develop his/her skills;

4. To provide justification along with other relevant information and the recommendation for salary increase;

5. To assist supervisors in determining the overall performance rating and assist the employee and supervisor in attaining the highest level of performance;

6. To record how an employee’s performance meets the requirements of their job;

7. To identify employee strengths and areas for enhancement; and to

8. Assist employees with planning and implementing programs to meet improvement and/or career development needs.

The Salary Step Plan is merit-based and is subject to the following provisions:

1. Each employee shall receive a performance evaluation at the time of their Anniversary employment date or as soon thereafter as is reasonably practical. Each employee receiving a satisfactory performance evaluation shall receive a step increase on the Salary Step Plan, which will take effect on their respective Anniversary date of initial employment. An employee who has not received a performance evaluation within thirty (30) days of his/her Anniversary employment date will be treated as having a satisfactory performance evaluation review for purposes of this Section H.

2. New employees will generally start their employment at Step 1, unless the City Manager, determines that a new employee’s job experience and education justify beginning that employee at a higher Step. This determination is based solely on the judgment and approval of the City Manager.

Every effort shall be made to include substantiated information within an employee’s performance evaluation.

An employee may appeal an annual performance feedback appraisal with his or her immediate supervisor where it is believed that the overall rating or individual performance factor ratings do not represent a true evaluation of the 339
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employee’s work performance during the appraisal period. The written appeal must contain the following information:
• The specific performance factor being contested;
• The rating the employee proposes for each factor being appealed; • The specific facts to support each of the performance factors being appealed.

If the discussion with the immediate supervisor does not resolve the appeal to the satisfaction of the employee, the employee may then file a written request to meet with the Department Director.

Upon receipt of the written request, the Department Director shall meet with the employee within ten (10) working days or respond in writing to the employee.

Should the Department Director fail to meet with the employee or provide a written response, the employee may request a meeting with the City Manager within five (5) working days. If no such request is timely received, the proposed change(s) to the written performance evaluation shall be deemed rejected and the evaluation will be considered final.

An employee may submit a written response to their evaluation that shall be placed in their personnel file with the evaluation.

I. Injury Illness and Prevention Program
The purpose of the City’s Injury and Illness Prevention Program as contained in the Personnel Policy is to encourage employees to report unsafe conditions with accordance that City Management will take appropriate action(s). In correcting such conditions, the City displays a commitment to the safety and health of its employees.

The person responsible and with authority to manage the City’s Injury/Illness Prevention Program will be the City Manager.

The safety and Health Compliance Committee shall be composed of the following:

One Member – Administration

One Member – Police Association
One Two Members – Public Works Department

The committee shall meet on a monthly basis and not less than on a quarterly basis with the City Manager.
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J. Rest Period: A full-time workday is eight (8) sequential hours of work exclusive of a meal period of at least thirty (30) minutes. There will be a rest period of 15 minutes at approximately each half-shift of more than four hours.

A rest period is City paid time and considered hours worked for pay purposes.

It is the responsibility of each employee to take a rest period.

Rest periods may be suspended when unusual emergency conditions require continuous performance of duties in order to protect or preserve life or property.

Rest periods may be suspended for up to five (5) continuous days when short term staffing shortages or workload demands require continuous work in order to provide essential services.

Article XIII. Grievance Procedure
Grievance Defined
Grievance is defined as a complaint by an employee or a group of employees based on alleged violation, misinterpretation or unequal application of the provisions this Memorandum of Understanding by an employee or group of employees adversely affected thereby, but shall not include the following:

A. Disciplinary actions as defined herein which shall be subject to appeal through the procedure Contained in this Agreement for the appeal of disciplinary actions;
B. Complaints regarding Affirmative Action, Occupational Health and Safety, Workers’ Compensations or discrimination complaints based on age, race, color, religion, sex, national origin, marital status, ancestry, handicap or sexual orientation or the applicable procedures for such complaints; C. The exercise of any City rights as specifies in this Memorandum, so long as the exercise of such rights does not conflict with other provisions of this Agreement;
D. Any impasse or dispute in the meeting and conferring process, or any matter within the scope of representation;
E. Any matter for which a different appeals procedure is provided either by statutes, ordinances, resolutions, or agreements.
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The Union may file a grievance on its own behalf only on those matters which pertain to the rights of the Union as an organization as specified in Article 5 of this Agreement.

No employee or group of employees may refuse to follow direction pending the outcome of a grievance. Employees will follow all lawful directives, even if such directives are perceived as being in conflict with the provisions of this Agreement. Compliance with such directives will not in any way prejudice the employee’s rights to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance.

Nothing in this Article or elsewhere in this agreement shall be construed to permit the Union to process a grievance on behalf of an employee without his consent.

An employee covered by this Agreement shall have the right to be represented or refrain from exercising the right to be represented in the determination of grievances arising under the terms and conditions of employment covered by this Agreement. If an employee desires Union representation in presenting a written grievance, he/she shall not be required to discuss the written grievance if a Union representative is not present. Nothing in this section shall be construed to prevent any employee from presenting, at any time; his/her own grievances, and having such grievances adjusted without the intervention of the bargaining agent. The City will notify the Union of grievances that have been adjusted without Union representation and results thereof.

Limited Grievance Procedure Application
An employee shall be entitled to file a grievance which alleges that the City has failed to provide a specific condition of employment which is established by the Personnel Policies provided that the enjoyment of such right is not made subject to the discretion of the department head or the City and provided further that the condition of employment which is the subject matter of grievance is a matter within the scope of representation as defined in California Government Code Section 3504.

No Discrimination
There shall be no restraint, interference, coercion, discrimination or reprisal against any employee for exercising any rights under the grievance procedure.

Time Limits
The time limits set forth herein are essential to the grievance procedure and shall be strictly observed. The time limits may be extended by agreement of the parties; however, any such extension must be confirmed in writing or email.

The grievant has the right to promptly proceed to the next step within the prescribed time limits if the appropriate management representative fails to respond within the time limit specified.
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Failure of the aggrieved employee to file an appeal within the prescribed time limits for any step of the procedure shall constitute abandonment of the grievance.

One steward or one Union officer shall be allowed reasonable time off without loss of pay during his regular shift hours or investigating, presenting, and appealing grievances up to and including Step 3 of this procedure. The performance of this function by the Union representative shall in no way interrupt the normal functioning of the department. The Union agrees to guard against the use of excessive time or such activities which are authorized by this Agreement.

The City and the Union agree that maintenance of superior service and adherence to schedules are compelling commitments which may at time create delays and necessitate postponements which will automatically extend the time limits or the duration of the postponement. The steward will provide advance notice to supervision to allow planning arrangements to enable the representative time to investigative activity. When a steward desires to contact an employee who has a complaint, he/she shall first obtain oral permission from his supervisor and the aggrieved employee’s supervisor. If permission must be denied at that particular time, the steward will be informed of the reason for the denial and when he/she can reasonably expect to contact the employee concerned. The steward will notify his supervisor upon his return to work.

A grievance not submitted within the time limits as prescribed for every step shall be considered untimely and deemed null and void. A grievance not answered within the time limits prescribed for the appropriate management representative at each step shall entitle the employee or the Union to advance the grievance to the next step. Time limits at any steps of the procedure may be extended by written mutual consent of the parties.

Grievance Procedure Steps
Step 1 – Discussion with Immediate Supervisor
The grievant shall first discuss the grievance with his/her immediate supervisor, or in his/her absence, the supervisor’s designee. The Union or grievant will present the grievance in writing to the employee’s immediate supervisor and/or division head (where applicable and determined by the department director) and a copy to the City Manager.

The discussion shall be held within fifteen (15) working days of the action causing the grievance or of the date the action reasonably could have been expected to be known to the grievant. Where mutually agreed by the City and the Union, grievances involving more than one grievant may be filed directly at Step 2.

Every reasonable effort shall be made to resolve the grievance at this level. The immediate supervisor shall respond to the grievant in writing within five (5) working days of the informal discussion between the grievant and supervisor.

Step 2 – Department Director
A. In the event the employee believes the grievance has not been satisfactorily resolved, the employee or the union representative shall submit the grievance 343
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in writing to the department head within ten (10) working days after receipt of the immediate supervisor’s written response. One (1) copy of the grievance shall be filed with the City Manager. Such written grievance shall:

1. Fully describe the grievance and how the employee(s) was/were adversely affected;

2. Set forth the section(s) of the Memorandum of Understanding, allegedly violated:

3. Indicate the date(s) of the incident(s) grieved;

4. Specify the remedy or solution to the grievance sought by the employee(s)

5. Identify the grievant and be signed by the grievant and/or the union representative;

6. Identify the person, if any, chosen by the grievant to be his/her representative.

B. No modifications in the basic violation being alleged pursuant to this grievance procedure shall be made subsequent to filing of a grievance unless mutually agreed to by both the City and the grievant. The department head or his/her designee shall hold a meeting with the grievant within seven (7) working days of the receipt of the appeal. The department head or his/her designee shall deliver his/her written decision to the grievant and/or his/her representative with three (3) working days of the date of the grievance meeting. The department head’s or his/her designee’s decision shall include the reasons on which the decision is based and the remedy or correction which has been offered, if any, to the grievant.

Step 3 – City Manager
A. If a grievance is not settled at Step 2 of the procedure, the grievance may be appealed, in writing to the City Manager, or his/her designee within ten (10) working days from the receipt of the department heads or his/her designee’s written decision. Said grievance appeal must specifically set forth the reason the answer(s) previously provided by management is/are not satisfactory.

B. The City Manager or his/her designee shall hold a meeting with the grievant within seven (15) working days of the receipt of the appeal. 344
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C. The City Manager of his/her designee shall deliver his/her written decision within ten (10) working days of the date of the meeting.

D. If the grievant is not satisfied with the disposition of the grievance at Step 3, the grievance may be submitted to expedited arbitration, as determined by the Union or the City. If an appeal for arbitration is not filed within fifteen (15) working days of receipt of the City Manager’s written decision, the grievance shall be considered settled on the basis of the City Manager’s decision.

Step 4 – Expedited Arbitration (Pilot Program)
The City and the Union (collectively, “the Parties”) agree to participate in a pilot program or an expedited arbitration process. The pilot program shall terminate with the expiration of the MOU, unless extended by mutual agreement.

A. The grievance/disciplinary appeals to be referred to this process shall be determined by mutual agreement only. The Parties agree that this process shall be reserved for those cases of limited scope and limited impact.

B. The arbitrator shall mutually be selected by the Parties. If the Parties cannot agree upon an arbitrator, the Parties shall request the State Mediation and Conciliation Service to furnish a list of seven (7) arbitrators. Any fee for the list will be shared equally by the Parties. The Parties shall alternately strike names until one (1) arbitrator remains.

PROCEDURES
The expedited arbitration hearing shall be conducted according to the following procedures, and the arbitrator will be responsible for enforcing them:

1. The agenda of grievances/disciplinary appeals to be heard by the arbitrator shall be determined by mutual agreement of the Parties in advance of the hearing. On the day of the hearing, the arbitrator will hear and decide as many grievances/disciplinary appeals on the agenda as can be reasonably presented in a normal workday.

2. Prior to the hearing, the Parties must mutually agree to a statement of each issue that will be decided by the arbitrator, or the case will not proceed through this process.

3. The grievant/appellant and his/her union steward will attend the hearing and will not incur any loss of wages for attending.

4. Informal rules of evidence, with Parties stipulating to admission of three (3) exhibits from each side [a single “exhibit” may include or consist of multiple attachments, if the original did, or a series of copies reflecting the exhaustion of a remedy, e.g., a grievance from, plus Step 2 and 3 response letters, and an appeal letter]. 345
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5. Each part shall have one official representative, who shall not be an attorney, to give the opening and closing statements, and request a “point of order” if necessary. A “point of order” may be requested on occasion to clarify procedure, or to refresh a witness’ memory. Each party may give short opening and closing statements (not to exceed 5 minutes for each).

6. One witness shall be allowed to testify for each party, limiting the presentation to 15-20 minutes for each side (not including response to the arbitrator’s question).

No direct or cross-examination will be permitted, but the arbitrator may ask questions at any time.

7. After each side has “rested” (i.e. concluded its presentation), the arbitrator shall be given time for deliberation and a closer reading of the exhibits, for approximately 20 minutes. The arbitrator will then announce a bench decision, with any qualifications or explanations. Each party’s representative may ask up to two (2) short, follow-up questions to understand the arbitrator’s rationale for the decision.

Then the room will promptly clear in preparation for the next hearing.

8. The bench decision of the arbitrator shall be final and binding but shall have no precedential value whatsoever. At the request of either party, the arbitrator may provide a one (1) page written decision within 30 days of the hearing.

9. There shall be no stenographic record, transcripts or recording of the hearing.

10.Pre and post hearing briefs are not allowed.

11.The arbitrator shall have not authority to add to, delete, or alter any provisions of the MOU or any supplementary agreements thereto, but shall limit the decision to the application of the MOU to the facts and circumstances at hand.

12.The arbitrator’s fee will be evenly split between the Parties.

Step 5 – Arbitration
After receipt of the appeal to arbitration, the parties shall meet to select an arbitrator. If no agreement can be reached, the parties shall jointly request the Federal Mediation and Conciliation Service to furnish a list of five (5) arbitrators. Each party shall have the right to unilaterally reject one list of arbitrators. Thereafter a list may only be rejected by mutual consent of the parties. Both the City and the Union shall have the right to strike two (2) names from the panel. The parties shall meet and alternately cross out name son the list.

Lot chance shall determine who shall cross out first. The remaining person shall be the arbitrator. The arbitrator shall be notified of his selection within five (5) working days by a joint letter from the City and the Union requesting that he set a time and place subject to the availability of the City and Union representative.
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A. The hearing on the grievance shall be informal and the rules of evidence shall not apply.

B. The arbitrator shall not have the power to add to, subtract from, modify or alter the terms or a collective bargaining Agreement in arriving at a decision of the issue or issues presented, and shall confine his decision solely to the interpretation or application of the Agreement. The arbitrator shall not have authority to determine any other issues not submitted to him.

C. The arbitrator shall be requested to render his decision as quickly as possible.

D. The arbitrator’s decision shall be binding for the life of the Agreement. Neither the City nor the Union will be permitted to introduce any grounds or evidence to the arbitrator which was not previously disclosed to the other party.

E. Should either party request a transcript of the proceedings, that party shall bear the full cost of the transcripts. If the arbitrator requests a copy, the costs shall be shared equally.

F. The arbitrator’s fee and expenses shall be shared equally by the City and Union.

G. Each party shall bear the full cost of its legal representation at all levels of the grievance procedure. The City shall not pay any off-duty City employee covered by this Agreement for time spent in attendance at the arbitration hearing on behalf of the Union or grievant.

H. In case of a grievance involving any continuing or other money claim against the employer, no award shall allow any alleged accruals for more than one (1) pay period prior to the date when such grievance shall be submitted in writing.

I. In settlement of any grievance resulting in retroactive adjustment of pay and/or benefits, such adjustment shall be limited to a nine-month period beginning with the date of the issuance of the appeal of arbitration.

Notice of Meetings
The city shall be responsible for giving notice of meetings and conferences to all parties at least twenty-four (24) hours prior to any meeting regarding a grievance whenever possible.

Representation
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1. The employee has the right to the assistance of one recognized Union Steward or union staff representative of the Union in the preparation and/or presentation of his/her grievance in Step 1 through 3 of this procedure.

2. An employee is also entitled to represent him/herself individual at any step of the grievance procedure, except in the arbitration procedure outlined in this Agreement.

Only the Union may file for arbitration of a grievance.

1. A grievant may not change his/her designation of representative organization during the processing of a grievance, except by mutual agreement or the parties.

2. If the employee is represented in a formal grievance meeting, the department may also designate a management representative to be present in such meeting.

3. The grievant(s) shall be allowed reasonable time to meet with a designated representative before and after a grievance meeting.

Grievance Withdrawal
The grievant may withdraw the grievance at any stage of the grievance procedure by giving written notice to the City representative who last took action on the grievance, with a copy to the Human Resources Division.

Grievance Resolution
If a grievance is resolved at Step 2 or 3 in the procedure as provided herein, the grievant concerned shall indicate acceptance of the resolution by affixing his/her signature in the appropriate space indicated. If the employee has been represented by the Union at the Step of the procedure at which a resolution is reached, the Union representative shall also sign the appropriate document acknowledging that the employee has accepted the resolution.

Decisions on grievances where an employee represents him/herself shall not be considered precedent setting or binding with regard to any future grievances filed with respect to the same or similar matters.

Consolidation
The City may consolidate grievances, where, in its discretion, the grievances present substantially similar issues.

The Union may file group grievances at the second step of the grievance procedure within fifteen (15) working days of the action causing the grievance or of the date the action 348
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reasonably could have been expected to be known to the grievant by listing each person who claims to be adversely affected and all other data required in this article.

If the grievant involves multiple employees within the dame unit/department with the same supervisor, the grievance shall start at step one (1).

Processing Grievances
The grievant and union representative (Steward) shall be granted reasonable time off without pay from regularly scheduled duty hours to process a grievance, provided that the time off will be devoted to the prompt and efficient investigation and handling, subject to the following:

A. The grievant shall not suffer any loss of pay for attending any regularly scheduled grievance hearing required by the procedure herein set forth.

B. In no event shall a grievant be represented by more than one City employee at the grievance hearings. The Union may have an additional Steward in training present.

C. Grievances may, by mutual agreement, be referred back for further consideration or discussion at a prior step or be advanced to a higher step of the grievance procedure.

XIVII. Disciplinary Procedure
The purpose of discipline is to improve employee performance. It is the policy of the city that discipline should be characterized as corrective rather than punitive. Accordingly, any necessary discipline shall be approached positively and in a spirit of fairness and equal treatment. Disciplinary actions should be utilized as an element of an overall program to educate employees and promote proper employee conduct. When circumstances permit, Department Directors are encouraged to pursue a philosophy of “progressive discipline” by administering and gradually increasing disciplinary actions for each successive instance of employee misconduct. Each level of progressive discipline, from the written reprimand through dismissal, shall be consistent from division to division and shall follow a logical series of progressive steps, each step documented by supervisor’s notes in an employee’s personnel. Although internal consistency in administering discipline is desirable, numerous factors should be considered in determining the appropriate level of discipline to be assessed at each successive step. Some of the factors involved included, but are not limited to, the employee’s length of service, time interval between offenses, effectiveness of prior disciplinary actions, willingness to improve, overall work performance, job attitude, and disciplinary actions previously administered to other comparable employees for similar offenses. A repetition of the same offense or other serious offenses indicates that more severe disciplinary measures should be considered.

This disciplinary action should reflect the totality of violations in considering the appropriate extent or degree of disciplinary action. When imposing disciplinary measures on a current charge, supervisors will not take into consideration prior infractions of the City or departmental rules and regulations which occurred more than two years 349
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previously. The parties agree that certain offenses of such a serious nature that immediate discharge upon first offense is appropriate.

The City Manager or his/her designee may take disciplinary action against any employee in the service of the City provided that the rules and regulations prescribed herein are followed and that any permanent employee who is not on any form of probationary status has the right to appeal pursuant to this section, except as herein provided. All employees involved in an administrative investigation, whether as the accused or as a witness, have an obligation to be honest and truthful. Refusal to cooperate fully in any administrative and/or non-criminal work-related investigation is a violation of City personnel standards.

An employee has the right to Union representation in investigatory interviews where a supervisor or management official asks those questions about a matter that the employee believes could lead toward disciplinary action. An investigatory interview occurs when a supervisor questions an employee to obtain information that could be used as a basis for discipline or asks an employee to defend his or her conduct. Employees do not have the right to union representation if the meeting is only to tell them about discipline that has already been decided or to give other direction. As used in this section, “disciplinary action” shall mean written reprimand, suspension, disciplinary demotion, involuntary leave, and dismissal.

A. Progressive Discipline - If it is necessary to take corrective action in regard to an employee’s performance or conduct, the City agrees to use progressive discipline and to work with Union to develop a specific code of conduct. Constructive efforts will be made by management toward helping employees fully achieve satisfactory standards or conduct and job performance. Notwithstanding any other term of this subdivision A, where the City Manager, in his/her discretion, has determined that an employee has engaged in serious misconduct based on the potential harm to fellow employees, City or private property, public trust, or other similar factors, disciplinary action of greater severity, including termination of employment, may be taken without observance of progressive discipline.

B. Counseling and Guidance – Counseling is not a form of discipline. In the event that employee’s performance or conduct is unsatisfactory or needs improvement, verbal or written counseling shall be provided, which shall come from a supervisor or manager in the employee’s chain of command. Counseling is separate from ongoing worksite dialogue and should address specific performance or conduct which, if not improved, may result in further disciplinary action. Documentation of such counseling shall be given to the employee at the time of the counseling. When appropriate, verbal counseling shall precede written counseling, which shall precede more serious disciplinary action. The purpose of guidance and counseling is to encourage employees to improve their job performance, work habits, attitudes, or behavior. In issuing counseling and guidance, the employee’s immediate supervisor shall identify and define the area in need of improvement and inform the employee how such improvement can be realistically achieved. A 350
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record of the discussion must be given to an employee in memo form. Such counseling and guidance is not to be constructed as a written reprimand nor will it be issued on a disciplinary form.

Notice of Proposed Disciplinary Action
In order to institute disciplinary action, the employee’s immediate supervisor or his/her designee shall serve notice of disciplinary action in accordance with the following procedures.

Except as otherwise provided herein or when emergency or other special circumstances require immediate action a notice of disciplinary action (other than for written reprimands) shall be provided to the employee, no less than five (5) calendar days prior to the effective date of any punitive action against the employee.

The notice of proposed disciplinary action shall include the following:

A. The nature of the disciplinary action;
B. The effective date of action;
C. The causes for the action in ordinary, concise language with the dates and places thereof, when known;
D. A statement that identifies the material upon which the action is based and states that it is available for inspection; and
E. A statement advising the employee of his/her right to respond either verbally or in writing to the appointing authority or his/her designee imposing the disciplinary action prior to the effective date, the right to be represented in that response, and that members of the bargaining unit are represented by SEIU Local 521, and the address and telephone number of the union office at 334 Monterey Street Salinas, CA 93901
The employee has the right to the assistance of a union steward in addition to a staff representative of the Union in the preparation of his/her response to the notice of disciplinary action. Preparation of a response to the proposed disciplinary action shall not be done while on duty nor in a manner which promotes a hostile work environment for other employees.

Notice of Implementation of Discipline
To implement the proposed disciplinary action or a lesser disciplinary action based on the same cause(s), a notice of disciplinary action shall be provided to the employee, on or before the effective date of the disciplinary action.
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The notice of disciplinary action shall contain the information in items A, B, C and D of above and, in addition, shall include a statement as to the right of appeal and representation by a party of his/her own choice and shall include a referral to the section of this Agreement concerning appeals from disciplinary action. City employees are expected to abide by and may be disciplined for violation of either City or departmental rules and regulations. Recognizing that each instance of misconduct differs in many respects from somewhat similar actions, the City retains the right to treat each occurrence on an individual basis without creating a precedent for other cases which may arise in the future. Examples given in any rules do not limit the generality of the rules. The Union and the City agree the Code of Conduct jointly development will provide recommended progressive penalties to apply for specific offenses; however, the recommended penalties may be modified by management including a lesser or more severe penalty when extenuating circumstances are found. The City Manager shall appoint and, when deemed necessary for the good of the City shall suspend or remove any City employee.

Written Reprimand
An appointing authority or his/her designee may reprimand an employee by furnishing the employee with a statement, in writing, of the specific reasons for such reprimand.

Supervisors shall inform employees promptly and specifically whenever their performance, attitude, work habits, or personal conduct, at any time, falls below a desirable level. In situations where guidance and counseling has not resulted in the expected improvement, or when an employee commits an offense requiring formal supervisory acknowledgement, an employee Disciplinary Action form must be issued specifically defining the nature of the infraction under the Code of Conduct. The information should include a complete description of the incident of misconduct and refer to specific time, dates, locations, personnel involved, and rules violated. A copy of notice of the reprimand shall be given to the Human Resources for inclusion in the employee’s personnel file and shall be subject to limited appeal. The employee and/or his/her representative shall have the right to discuss the reprimand with the appointing authority or his/her designee. The appointing authority or his/her designee may correct the notice of reprimand, at his/her discretion. The employee may submit a written response that shall be placed in his/her personnel file.

The Performance Improvement Plan (“PIP”) is intended to give the employee an opportunity to improve performance and shall be in effect for a specified period of time, from one week to six months, but not to exceed six (6) months for each such instance, with the understanding that should the causes for such action not be satisfactorily corrected or remedied during the period, disciplinary action may be taken. However, the City retains the right to take appropriate disciplinary action against an employee during the term of his or her PIP for misconduct unrelated to the PIP, or if it becomes evident that the employee is not complying with the PIP and will not satisfactorily complete it.

Suspension
The City Manager may suspend an employee without pay. Documents related to a suspension become part of the employee’s permanent work record. An employee subject to suspension will receive prior written notice and the right to appeal any suspension. 352
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Suspensions shall be issued on a consecutive workday basis. Suspension for two or more offenses must be cumulative and cannot be served concurrently.

Administrative Leave
The City Manager may place an employee on administrative leave from his/her position at any time for reasons of investigation for disciplinary action. Such administrative leave shall be with pay. Written notice of such administrative leave shall be given to the employee as soon as possible but not later than seventy-two (72) hours after such action is taken. Such administrative leave is not a disciplinary action shall not be subject to appeal.

Demotion
The City Manager may demote an employee, for disciplinary reasons, to any position with a lower salary range, provided the employee meets minimum qualifications for the lowerlevel position. Such demoted employee shall not be eligible for promotion for a period of six (6) calendar months.

Dismissal
The continued tenure of each employee who has permanent status shall be subject to his/her satisfactory conduct and the rendering of efficient service. Should the cause for disciplinary action so warrant an employee may be dismissed.

Absence without Leave Separation
An employee’s absence from duty for a period which exceeds three (3) working days without authorized leave shall be considered to have abandoned his/her position and to have automatically resigned.

Nothing herein shall preclude the City from disciplining an employee for cause, which consists of a course of conduct or history of performance.

Appeal of Disciplinary Action
Only full-time employees, who are not on probation, shall have the right to appeal from disciplinary actions. Appeals shall be governed by Personnel Rule 12 and the terms of this MOU.

In such cases the employee must, at the time of filing of the initial appeal, indicate which appeal procedure he/she is filing under. The designation of appeal procedure at the time of filing shall constitute a binding election of that appeals procedure and an irrevocable waiver and forfeiture of any and all rights of appeal procedure.

The written notice of appeal must:
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A. State the basis of the appeal.

B. Be filed with the City’s Human Resources designated office.

C. Indicate which of the available appeal procedures the appeal is being requested.

Appeals to arbitration shall only be filed by the Union.

Failure to appeal within the time limit set forth in this section shall constitute an irrevocable waiver of the right to process the appeal to arbitration.

Within ninety (90) calendar days of the receipt of the appeal to the City and the Union shall agree upon an arbitration hearing date. The parties shall select a mutually acceptable arbitrator. If the parties cannot agree on an arbitrator, they shall request a list of arbitrators from the California State Mediation and Conciliation Service. The arbitrator shall not have the power to add to, subtract from, modify or alter the terms of a collective bargaining agreement in arriving at a decision of the issue or issues presented, and shall confine his decision solely to the interpretation or application of the agreement. The arbitrator shall not have the authority to determine any other issues not submitted to him.

Processing Disciplinary Appeals
An employee acting in the capacity of union representative (Steward) shall be granted reasonable time off, no more than six (6) hours per month, with pay from regularly scheduled duty hours when:

1. Formally meeting and conferring with representatives of the City on matters within the scope of representation.

2. Testifying or appearing as the designated representative of the Union in conferences, hearings, or other proceedings before the Public Employment Relations Board, or an agent thereof, in matters relating to a charge filed against the City or by the City against the Union.

3. Testifying or appearing as the designated representative of the Union in matters before a personnel or merit commission.
a. The Union shall provide reasonable notification to the City requesting a leave of absence without loss of compensation.
b. For the purposes of this section, “designated representative” means an officer of the employee organization or a member serving in proxy of the employee organization.

If on-duty personnel are subpoenaed to the arbitration hearing, they will be released from duty only for the time required to testify, providing the employee returns to work upon conclusion of his/her testimony. Under the provision no more than one employee will be released from duty at a time. Any additional arbitration cost caused by this provision will be paid by the City. No off-duty employee who is grievant or subpoenaed by the grievant against the City shall be compensated under this section. Arbitration proceedings will be held on City property, as mutually agreed.
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Personnel Records
Employees shall have the right to inspect and review any official record relating to his/her performance as an employee which is kept or maintained by the City. When any comment adverse to an employee’s interest is entered into his/her official personnel record, the employee shall have the opportunity to read the adverse entry and provide a written response for inclusion in the record.

An employee, or representative of the Union, with prior written consent of the employee may, upon written request inspect and/or obtain a copy of any document within the employee’s file during regular business hours.

Any disciplinary and/or adverse records within an employee’s personnel file shall cease to be considered for purposes of progressive discipline after two (2) years. At the request of the employee, materials relating to disciplinary actions which are two (2) or more years old shall be removed provided there has been no reoccurrence of the conduct on which the original discipline was based. Performance evaluations shall be excluded from this provision.

Materials relating to disciplinary actions for misappropriation of public funds or property; misuse or destruction of public property; the use or being under the influence of drugs or alcohol at work; acts which would constitute a felony; acts which present an immediate danger to the public health and safety; or acts of harassment or discrimination based on protected status which have been in the employee’s personnel file for five (5) years or more shall not be used. At the request of the employee, material relating to such disciplinary actions which are five (5) or more years old shall be removed, provided there has been no recurrence of the conduct on which the discipline was based.

Article XIV. Term
The term of this Memorandum of Understanding shall commence from July 1, 20252, to June 30, 20265, when said Memorandum shall expire and be of no further force or effect.

Article XVI. Separability
If any article or section of this Memorandum of Understanding should be found invalid unlawful, or unenforceable, by reason of existing or subsequent enacted legislation or by judicial authority, all other articles and sections of this Memorandum shall remain in full force and effect for the duration of this Memorandum. In the event of invalidation of any article or section, the City and the Union agree to meet within thirty (30) days, for the purpose of meeting and conferring upon said article or section.

FULL UNDERSTANDING MODIFICATION, WAIVER
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It is intended that this Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding, agreements or past practice by the parties, whether formal or informal, in writing or verbal, regarding any such matters hereby superseded or terminated in their entirety.

Existing matters within the scope of representation which are not referenced in the Memorandum of Understanding and which are subject to the meet and confer process shall continue without charge unless modified subject to the meet and confer process.

The City assures the Union that unless changes are warranted by operational or financial necessity it does not intend, nor does it anticipate, during the term of this Memorandum of Understanding any change, modification or cancellation of wages, hours, and working conditions which are subject to meet and confer and contained in this Memorandum.

Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required, although they may mutually agree otherwise, to negotiate with respect to any subject or matter covered herein within the scope of negotiations, during the term of this Agreement.

Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Manager, or if appropriate, the City Council.

The waiver of any breach, term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its term and provisions.

If, during the term of this Agreement, and impasse is reached during the course of negotiations over wages, hours, or other terms and conditions of employment and the Union may request that the disputed differences be submitted to a fact-finding panel. At the end of the fact-finding process, the City may impose its last, best, and final offer but only after holding a public hearing.

Date: Date:

SERVICE EMPLOYEES CITY OF GREENFIELD

INTERNATIONAL UNION
LOCAL 521
Jay Donato Paul Wood
Internal Organizer City Manager
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Alex LanderosLeopoldo Trujillo Ann F. Rathbun
Bargaining Team Member City Clerk
___________________________
Bargaining Team Member Jennifer Thompson
City Attorney

Formatted: Indent: Left: 3", First line: 0.5"
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Appendix A
Salary Schedule/Steps

Effective 07/01/2022
Position Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Assistant Fleet Mechanic $ 24.73 $ 25.72 $ 26.75 $ 27.82 $ 28.93 $ 30.09 $ 31.29 $ 32.54 $ 33.84 Custodial Technician $ 15.98 $ 16.62 $ 17.28 $ 17.98 $ 18.69 $ 19.44 $ 20.22 $ 21.03 $ 21.87 Customer Service Assistant $ 20.81 $ 21.64 $ 22.51 $ 23.41 $ 24.34 $ 25.32 $ 26.33 $ 27.38 $ 28.48 Finance Technician $ 26.64 $ 27.71 $ 28.81 $ 29.97 $ 31.17 $ 32.41 $ 33.71 $ 35.06 $ 36.46 Management Analyst - Planning/Building $ 27.64 $ 28.75 $ 29.90 $ 31.09 $ 32.33 $ 33.63 $ 34.97 $ 36.37 $ 37.83 Planning/Building Permit Technician $ 26.34 $ 27.39 $ 28.49 $ 29.63 $ 30.81 $ 32.05 $ 33.33 $ 34.66 $ 36.05 Police Services Technician $ 23.53 $ 24.47 $ 25.45 $ 26.47 $ 27.53 $ 28.63 $ 29.77 $ 30.96 $ 32.20 Public Works Maintenance Worker I $ 24.73 $ 25.72 $ 26.75 $ 27.82 $ 28.93 $ 30.09 $ 31.29 $ 32.54 $ 33.84 Public Works Maintenance Worker II $ 26.01 $ 27.05 $ 28.13 $ 29.26 $ 30.43 $ 31.65 $ 32.91 $ 34.23 $ 35.60 Public Works Parks Maintenance Worker $ 24.73 $ 25.72 $ 26.75 $ 27.82 $ 28.93 $ 30.09 $ 31.29 $ 32.54 $ 33.84 Public Works Water Technician $ 24.73 $ 25.72 $ 26.75 $ 27.82 $ 28.93 $ 30.09 $ 31.29 $ 32.54 $ 33.84 Public Works Water Technician II $ 28.09 $ 29.21 $ 30.38 $ 31.60 $ 32.86 $ 34.18 $ 35.54 $ 36.96 $ 38.44 Recreation Activities Leader $ 18.66 $ 19.41 $ 20.18 $ 20.99 $ 21.83 $ 22.70 $ 23.61 $ 24.56 $ 25.54 Recreation Office Clerk $ 20.81 $ 21.64 $ 22.51 $ 23.41 $ 24.34 $ 25.32 $ 26.33 $ 27.38 $ 28.48 Utilities System Operator $ 29.42 $ 30.59 $ 31.82 $ 33.09 $ 34.41 $ 35.79 $ 37.22 $ 38.71 $ 40.26 Utilities System Shift Operator $ 30.29 $ 31.50 $ 32.76 $ 34.07 $ 35.43 $ 36.85 $ 38.32 $ 39.86 $ 41.45 Utilities System Shift Operator Trainee $ 23.65 $ 24.60 $ 25.58 $ 26.61 $ 27.67 $ 28.78 $ 29.93 $ 31.12 $ 32.37 Utility Billing Technician $ 30.83 $ 32.06 $ 33.35 $ 34.68 $ 36.07 $ 37.51 $ 39.01 $ 40.57 $ 42.19 Effective 07/01/2022
City Council Adopted
FY 22-23 Cola of 4%

SEIU EMPLOYEES
Effective 07/01/2023
Position Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Assistant Fleet Mechanic $ 25.72 $ 26.75 $ 27.82 $ 28.93 $ 30.09 $ 31.29 $ 32.54 $ 33.85 $ 35.20 Custodial Technician $ 16.62 $ 17.28 $ 17.98 $ 18.70 $ 19.44 $ 20.22 $ 21.03 $ 21.87 $ 22.75 Customer Service Assistant $ 21.64 $ 22.51 $ 23.41 $ 24.34 $ 25.32 $ 26.33 $ 27.38 $ 28.48 $ 29.62 Finance Technician $ 27.71 $ 28.82 $ 29.97 $ 31.17 $ 32.42 $ 33.71 $ 35.06 $ 36.46 $ 37.92 Management Analyst - Planning/Building $ 28.75 $ 29.90 $ 31.10 $ 32.34 $ 33.63 $ 34.98 $ 36.38 $ 37.83 $ 39.35 Planning/Building Permit Technician $ 27.39 $ 28.49 $ 29.63 $ 30.81 $ 32.04 $ 33.32 $ 34.66 $ 36.04 $ 37.49 Police Services Technician $ 24.47 $ 25.45 $ 26.47 $ 27.53 $ 28.63 $ 29.77 $ 30.96 $ 32.20 $ 33.49 Public Works Maintenance Worker I $ 25.72 $ 26.75 $ 27.82 $ 28.93 $ 30.09 $ 31.29 $ 32.54 $ 33.85 $ 35.20 Public Works Maintenance Worker II $ 27.05 $ 28.13 $ 29.26 $ 30.43 $ 31.64 $ 32.91 $ 34.23 $ 35.60 $ 37.02 Public Works Parks Maintenance Worker $ 25.72 $ 26.75 $ 27.82 $ 28.93 $ 30.09 $ 31.29 $ 32.54 $ 33.85 $ 35.20 Public Works Water Technician $ 25.72 $ 26.75 $ 27.82 $ 28.93 $ 30.09 $ 31.29 $ 32.54 $ 33.85 $ 35.20 Public Works Water Technician II $ 29.21 $ 30.38 $ 31.59 $ 32.86 $ 34.17 $ 35.54 $ 36.96 $ 38.44 $ 39.98 Recreation Activities Leader $ 19.41 $ 20.19 $ 20.99 $ 21.83 $ 22.71 $ 23.62 $ 24.56 $ 25.54 $ 26.56 Recreation Office Clerk $ 21.64 $ 22.51 $ 23.41 $ 24.34 $ 25.32 $ 26.33 $ 27.38 $ 28.48 $ 29.62 Utilities System Operator $ 30.59 $ 31.81 $ 33.09 $ 34.41 $ 35.79 $ 37.22 $ 38.71 $ 40.25 $ 41.86 Utilities System Shift Operator $ 31.50 $ 32.76 $ 34.07 $ 35.43 $ 36.85 $ 38.32 $ 39.86 $ 41.45 $ 43.11 Utilities System Shift Operator Trainee $ 24.60 $ 25.58 $ 26.61 $ 27.67 $ 28.78 $ 29.93 $ 31.13 $ 32.37 $ 33.67 Utility Billing Technician $ 32.06 $ 33.34 $ 34.68 $ 36.06 $ 37.51 $ 39.01 $ 40.57 $ 42.19 $ 43.88 Effective 07/01/2023
City Council Adopted
FY 23-24 Cola of 4%
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Utilities Salary Adjustment FY 22.23

SEIU EMPLOYEES - UTILITY SYSTEM OPERATORS
16% INCREASE
Effective 07/01/2022
Position Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Utilities System Operator $ 29.42 $ 30.59 $ 31.82 $ 33.09 $ 34.41 $ 35.79 $ 37.22 $ 38.71 $ 40.26 Utilities System Shift Operator $ 30.29 $ 31.50 $ 32.76 $ 34.07 $ 35.43 $ 36.85 $ 38.32 $ 39.86 $ 41.45 Utilities System Shift Operator Trainee $ 23.65 $ 24.60 $ 25.58 $ 26.61 $ 27.67 $ 28.78 $ 29.93 $ 31.12 $ 32.37 Effective 07/01/2022
City Council Adopted

SEIU EMPLOYEES
Effective 07/01/2024
Position Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Assistant Fleet Mechanic $ 26.75 $ 27.82 $ 28.93 $ 30.09 $ 31.29 $ 32.55 $ 33.85 $ 35.20 $ 36.61 Custodial Technician $ 17.28 $ 17.97 $ 18.69 $ 19.44 $ 20.22 $ 21.02 $ 21.86 $ 22.74 $ 23.65 Customer Service Assistant $ 22.51 $ 23.41 $ 24.35 $ 25.32 $ 26.33 $ 27.39 $ 28.48 $ 29.62 $ 30.81 Finance Technician $ 28.82 $ 29.97 $ 31.17 $ 32.42 $ 33.72 $ 35.06 $ 36.47 $ 37.93 $ 39.44 Management Analyst - Planning/Building $ 29.90 $ 31.10 $ 32.34 $ 33.63 $ 34.98 $ 36.38 $ 37.83 $ 39.35 $ 40.92 Planning/Building Permit Technician $ 28.49 $ 29.63 $ 30.81 $ 32.05 $ 33.33 $ 34.66 $ 36.05 $ 37.49 $ 38.99 Police Services Technician $ 25.45 $ 26.47 $ 27.53 $ 28.63 $ 29.77 $ 30.96 $ 32.20 $ 33.49 $ 34.83 Public Works Maintenance Worker I $ 26.75 $ 27.82 $ 28.93 $ 30.09 $ 31.29 $ 32.55 $ 33.85 $ 35.20 $ 36.61 Public Works Maintenance Worker II $ 28.13 $ 29.26 $ 30.43 $ 31.64 $ 32.91 $ 34.22 $ 35.59 $ 37.02 $ 38.50 Public Works Parks Maintenance Worker $ 26.75 $ 27.82 $ 28.93 $ 30.09 $ 31.29 $ 32.55 $ 33.85 $ 35.20 $ 36.61 Public Works Water Technician $ 26.75 $ 27.82 $ 28.93 $ 30.09 $ 31.29 $ 32.55 $ 33.85 $ 35.20 $ 36.61 Public Works Water Technician II $ 30.38 $ 31.60 $ 32.86 $ 34.17 $ 35.54 $ 36.96 $ 38.44 $ 39.98 $ 41.58 Recreation Activities Leader $ 20.19 $ 21.00 $ 21.84 $ 22.71 $ 23.62 $ 24.56 $ 25.55 $ 26.57 $ 27.63 Recreation Office Clerk $ 22.51 $ 23.41 $ 24.35 $ 25.32 $ 26.33 $ 27.39 $ 28.48 $ 29.62 $ 30.81 Utilities System Operator $ 31.81 $ 33.08 $ 34.41 $ 35.78 $ 37.21 $ 38.70 $ 40.25 $ 41.86 $ 43.53 Utilities System Shift Operator $ 32.76 $ 34.07 $ 35.43 $ 36.85 $ 38.32 $ 39.86 $ 41.45 $ 43.11 $ 44.83 Utilities System Shift Operator Trainee $ 25.58 $ 26.60 $ 27.67 $ 28.77 $ 29.92 $ 31.12 $ 32.37 $ 33.66 $ 35.01 Utility Billing Technician $ 33.34 $ 34.67 $ 36.06 $ 37.50 $ 39.00 $ 40.56 $ 42.19 $ 43.87 $ 45.63 Effective 07/01/2024
City Council Adopted
FY 24 -25 Cola of 4%
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Appendix B
Recognized Employee Classifications
Pursuant to Sections 3500-3510 of the Government Code and City Resolution #74-44, the City certifies the Union as the recognized employee organization for a unit consisting of the following classifications:
• Customer Service Assistant
• Finance Technician
• Assistant Fleet Mechanic
• Management Analyst
• Building/Planning Permit Technician
• Police Services Technician I, II
• Public Works Maintenance Worker I, II
• Utilities System Shift Operator
• Utilities System Operator (Water/Wastewater)
• Public Works Water Technician
• Public Works Parks Maintenance Worker
• Utility Billing Technician
• Recreation Activities Leader
• Recreation Office Clerk
• Custodial Technician
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City of Greenfield
Memorandum
Of
Understanding
Between the

CITY OF GREENFIELD
And
THE SERVICE EMPLOYEES’ INTERNATIONAL UNION
LOCAL 521, CTW/CLC
Representing the
City of Greenfield General Unit
July 1, 2025 – June 30, 2026
SEIU 521
334 Monterey Street
Salinas, CA 93901
(831) 784-2560
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Table of Contents
Article I. Preamble....................................................................................4 Article II. No Discrimination………………………………………..….………4
Article III. Recognition………………………………………….………..……..4
Article IV. Prevailing Rights……………………………………….….….…….4
Article V. City Rights……………………………………………….…….…….5
Article VI. Union Rights…………………………………………….….……….6
Article VII. Dignity and Professionalism
Article VIII. Salary………………………………………………….…….…..….10
A. Bilingual (Spanish) Incentive Pay………………….…………….…..11 B. Overtime Pay………………………………………….…………....….11
C. On-Call Pay………………………………………………………….…11
D. Call Back Pay…………………………………………………………..12
E. Longevity Pay…………………………………………….…………….12
F. Classification Study Requests…………………………….………….12
G. Educational Reimbursement…………………………….……………12
H. Working Out of Class Pay…………………………………….……....13
I. Temporary Special Assignment Pay…………………….………...…13
J. Certificate Pay…………………………………………………………..14
K. Layoff Procedure……………………………………………….………13
Article IX Benefits……………………………………………………….……..16
A. Employee’s Portion of P.E.R.S………………………………….……16
B. Health, Vision and Dental Insurance………………………………...16 C. Life, Accidental Death and Dismemberment Insurance……….…..17 D. Long Term Disability Insurance……………………………….……...17
Article X. Uniform Program………………………………………….………..17
A. Office Staff………………………………………………….…………...18
B. Public Works Maintenance Staff………………………….………..…19
Article XI. Holidays……………………………………………………………..19
Article XII. Miscellaneous………………………………………………….…...19
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A. Vacation………………………………………………………….……...19
B. Sick Leave……………………………………………………….………21
C. Catastrophic Leave Program……………………………….…………23
D. Leave Donation……………………………………………….………...24
E. Probationary Period………………………………………….…………25
F. Residency Requirement…………………………………….……….…26
G. Drug Testing………………………………………………….………….26
H. Performance Evaluation………………………………….…………….27
I. Injury Illness and Prevention Program………………….…………….29 Article XIII. Grievance Procedure………………………………….……………30
Article XIV. Disciplinary Procedure………………………………….…………..38 Article XV. Term………………………………………………….…………….…44
Article XVI. Separability………………………………………………..………….44
FULL UNDERSTANDING MODIFICATION, WAIVER……………..……………44
Appendix A FY 2016 Monthly Salary Schedule ………………….….…………47 Appendix B Recognized Employee Classifications …………………….………48 363
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MEMORANDUM OF UNDERSTANDING
Between the City of Greenfield and the
Service Employee’s International Union
Local 521, CTW/CLC
July 1, 2025 – June 30, 2026
Article I. Preamble
This Memorandum of Understanding is entered into by the City of Greenfield, (hereinafter referred to as the City), and the Service Employee’s International Union Local 521, CTWCLC (hereinafter referred to as the “Union”) and pursuant to California Government Code Section 3500 et seq.

It is agreed by and between the parties that any provision of this agreement requiring legislative action to permit its implementation shall not become effective until the date of action by the City Council.

Article II. No Discrimination
The City and the Union will cooperate in pursuing the policy of no discrimination pursuant to federal and State law.

The parties further agree not to discriminate against any union member for his or her membership or non-membership with the union.

Article III. Recognition
Pursuant to California Government Code Section 3500 et seq., the City certifies the Union as the sole and exclusive bargaining agent for any and all classifications listed within Appendix A of this MOU.

Article IV. Prevailing Rights
The City agrees that any written right or working condition within the scope of representation shall remain in full force and effect except those rights modified by this Memorandum of Understanding during the term of this Memorandum of Understanding, or those modified by the parties after meeting and conferring on the subject. 364
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The article included in this Memorandum of Understanding constitutes a full and complete understanding between the City and the Union on all matters within the scope of representation for the period stated of this Memorandum of Understanding.

Article V. City Rights
Nothing in this Agreement shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy which include, but are not limited to:
1) The exclusive rights to determine the mission of its constituent departments, commissions and boards;
2) Set standards and levels of service:
3) Determine the procedures and standards of selection of employment, and promotions
4) Direct its employees;
5) Establish and enforce dress and grooming standards;
6) Relieve its employees from duty because of lack of work or other lawful reasons in accordance with the layoff provisions of this MOU;
7) Maintain the efficiency of government operations;
8) Determine the methods, means and numbers of personnel by which government operations are implemented;
9) Determine methods of financing;
10)Determine type(s) of City-issued apparel, equipment and/or technology to be used; 11)Determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted 12)Determine and change the number of locations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or sub-contract any work or operation of the City unless altered by the provisions of this Memorandum of Understanding. 365
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13)To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and temporarily change work schedules and assignments upon reasonable notice;
14)Establish and modify productivity and performance programs and standards; 15)To hire, promote, or transfer employees;
16)Discharge, suspend, demote, reprimand, withhold salary increases and/or benefits, or otherwise discipline employees for just cause, in accordance with applicable law and all relevant provisions of this Memorandum of Understanding; 17)Establish employee performance standards including, but not limited to, quality and quantity standards, and to require compliance therewith; This Agreement is not intended to restrict the right of the City to consult with the Union regarding matters within this Article. However, the parties understand that such consultation shall not create any obligation to meet and confer over issues not within the scope of representation.

Pursuant to MMBA Section 3504, the scope of representation shall include all matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order.

Article VI. Union Rights
A. Recognition
The City has certified the Union as the exclusive bargaining representative of the unit consisting of regular employees in the classifications listed in Appendix B. The Union shall have the right to represent said employees in all matters relating to employment conditions and employer-employee relations, including, but not limited to wages, hours and other terms and conditions of employment.

B. No Discrimination
An employee shall have the right to form, join and participate in the activities of employee organizations of the employee's own choosing for the purpose of representation on all matters of employer-employee relations including wages, hours, and other terms and conditions of employment. No such employee shall be 366
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interfered with, restrained, coerced or discriminated against by the City or the Union because of his/her exercise of the rights established by law.

C. Duty of Fair Representation
The Union, as the exclusive representative, has the duty to provide fair and nondiscriminatory representation to all workers covered by this MOU, regardless of whether they are members of the Union.

D. Dues Collection
The City agrees to continue to allow dues and other mutually agreed upon payroll deductions, including voluntary COPE contributions, to be deducted from the pay of employees who authorized such deductions in writing on a form provided by the Union and approved by the City. Such deductions shall be collected bi-weekly and remitted in a lump sum on a bi-weekly basis to the Union. The City may from time to time adopt rules and regulations relating to administration of this dues collection provision. The City shall not deny consent for reasonable payroll deductions, nor shall Union unreasonably request payroll deductions.

Deduction Report:

A deduction report with an alphabetical listing of dues deducted for Union represented workers shall be forwarded electronically to the Union on a bi-weekly basis. This deduction report shall be submitted in an electronic format for importing and posting purposes. The report shall list the following:
• Employee Identification Number
• Employee’s name (last, first)
• Home address
• Home phone number
• Cell phone number (if on file)
• Representation Unit
• Department
• Classification
• Hourly Rate/base pay on which deductions were calculated, • Hours worked in the pay period
• Amount deducted in current pay period,
• COPE deduction
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Authorization:

The Employer shall accept authorization(s) of dues deduction, Union membership, and COPE deduction that bear a hand-written signature, a web-based/online signature, an electronically-recorded voice authorization, or another means of authorization acceptable to the Union and allowable under the state and federal law. Requests to authorize deductions shall be directed to the Union rather than the City. Requests to revoke or change an authorization shall also be directed to the Union rather than the City. The Union shall be responsible for processing these requests and notifying the City immediately of any change.

Custodian of Record:

Upon receipt by the Employer of an email or report that an employee(s) has authorized Union membership dues, agency shop fees, voluntary COPE checkoff, and any other payroll deduction, the Employer shall honor that submission.

The Union agrees to submit electronic reports to the Employer listing any new or changed authorizations.

The Employer agrees to promptly deliver to the Union any authorizations for membership, payroll deductions, voluntary COPE check off, and/or other deductions within five (5) business days from date of employer receipt.

Voluntary COPE Check-Off Authorization:

Any member who chooses to contribute to the COPE fund may do so by submitting a voluntary COPE Check-Off authorization to the Union specifying the amount they choose to have deducted each pay period. The Employer shall continue to deduct each paycheck a worker’s voluntary COPE check-off authorization until notified by the Union.

Promotion/Change in Job Title/Reinstatement from Wrongful Termination/Re-Entry/ Department Change:

Upon promotion, any change in job title/classification, any change in department, any change in temporary or permanent status, reinstatement, return from an unpaid leave of absence, or recall from layoff, the employee shall have his/her deductions continued the first pay period based on the same status they had previously.

If a current employee is promoted, demoted or transferred into a position in another SEIU represented bargaining unit, the employee’s current deduction status will continue.
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Indemnification:

The Union shall indemnify and defend and hold the City harmless against any claims made, and against any suit instituted against the City, arising out of or related to the collection of Union dues and other mutually agreed upon payroll deductions. In addition, the Union shall refund to the City of Greenfield any amounts paid to the Union in error upon presentation of supporting evidence.

E. Union Access
The City agrees to allow an official business representative of the Union to visit City facilities, where represented members are working, provided that such visit does not in any manner interfere with the City's business or operations; the representative has given advance notice of the visit and the purpose of such visit; and has received authorization for such visit from the appropriate City management personnel.

F. Union Representation
The City agrees to provide for paid release time for up to two (2) official representatives of the Union for the sole purpose of meeting and conferring with representatives of the City.

When a person is hired in one of the classifications represented by the Union, the City shall notify that person that the Union is the exclusive bargaining representative for that classification.

G. Stewards and Official Union Representatives
The Union shall be authorized to designate one steward and one alternate steward for the limited purpose of the processing and investigating of grievances. Stewards shall be allowed a reasonable amount of paid time off for this purpose as long as there is no disruption of work. The Union shall notify the City in writing of the individuals selected as soon as possible.

A steward must first obtain permission through the steward’s immediate supervisor or normal supervisory channels before leaving their work or work location. It is further agreed that the City shall not pay stewards for time spent in handling grievances when they are not regularly scheduled to work.

The City agrees to provide paid release time for Union representatives to attend mutually agreed meetings. The Union agrees, in so far as possible, to notify Management at least 24 hours, in advance of the request for release time, excluding weekends and holidays, the name(s) of the Union representative(s) to be released. Management agrees to arrange/notify for release time with 369
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appropriate supervisor(s). Release time arrangements shall include a reasonable amount of travel time.

The City shall allow Stewards eight (8) hours each per year without loss of compensation or other benefits to attend a shop steward training course or to attend other trainings sponsored by the Union, provided that such leave will not result in a disruption to the City’s operations.

H. Public Documents
Upon written request, the City shall provide to the Union, as required under the “Public Records Act”; copies of unprivileged and non-confidential documents relating to matters within the scope of representation.

I. Use of Bulletin Boards
The City will provide the Union with reasonable bulletin board space at reasonable locations. Bulletin boards may be used solely for the purpose of posting or distributing notices or announcements for such things as social events, recreational events, and Union meetings, results of Union elections and reports of Union minutes. All materials must identify the Union and be approved by the City Manager for posting.

J. Union Orientation
The City shall allow a Union Representative thirty (30) minutes of release time to meet with any new employee for the purpose of union orientation. The thirty minutes shall be contiguous with the new employee’s orientation provided by the City. The City will notify the union representative of record, within 24 hours of the new employee’s acceptance of the conditional offer, of the employee’s start date, and of the date and time of the scheduled orientation, as soon as practicable, but no later than two (2) weeks in advance of the scheduled orientation. If the City is unable to notify the Union Representative as outlined, the City will provide release time for the new employee and the Union Representative to complete the union orientation at a later scheduled date and time.

Article VII. Dignity and Professionalism
The City is committed to providing a workplace where all persons employed by the City of Greenfield, regardless of their classification or pay status are treated with dignity, respect and in a professional manner, by all other persons employed by the City of Greenfield, regardless of their classification or pay status. All City staff shall treat one another in the ways we want to be treated ourselves, including clear communications of expectations regarding performance, support of individual opportunities for growth, and provide opportunities for input into decisions when they impact bargaining unit employees directly.
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Article VIII. Salary
Effective with the signing of this Agreement, the City shall implement the follow the salary schedule/steps as set forth in Appendix A:

For FY 2025-2026 all employees shall receive a 0% increase to base salary.

A. Bilingual (Spanish) Incentive Pay
All SEIU represented employees that utilize a second language in the normal course and scope of their employment shall receive $130.00 of additional pay each month. To be eligible for consideration, employees must be in a position in which they use their bilingual skills in the normal course and scope of their employment as approved by the City Manager. To receive bilingual pay, employees must take and pass a proficiency test.

B. Overtime Pay
Overtime pay is calculated in terms of work period-not a pay period. Employees will be paid one and one-half (1 ½) times their regular rate for any hours worked over eight hours per day or forty (40) hours per workweek.

If in the judgment of an appointing authority, extra hours are required to be worked by an employee for the accomplishment of City business, the appointing authority may authorize and require the performance of said extra hours.

For the purposes of this section the hours and corresponding dollar values associated with a City holiday (whether actually worked or not), shall be considered as hours worked for the purpose of calculating overtime.

Except as otherwise provided herein, employees in overtime eligible classes shall be compensated for overtime authorized by their Appointing Authority by either 1) compensatory time off at the rate of one and one-half (1-1/2) hours credit for each hour of overtime, or 2) in cash at the rate of one and one-half (1-1/2) times the employee’s regular rate of pay.

The method of compensation shall be determined by the Appointing Authority after consulting the affected employee as long as the employee’s compensatory time off accrual balance is no more than forty (40) hours.

If an employee has a compensatory time off accrual balance of at least forty (40) hours but no more than eighty (80) hours, the employee shall have the 371
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choice of compensation for overtime by either compensatory time off or cash.

An employee shall not be allowed to accumulate more than eighty (80) hours of compensatory time off, above which maximum all overtime compensation shall be paid in cash.

C. On-Call Pay
Public works On-Call Pay shall be one hundred eighty dollars ($180.00) per assignment period (one week Tuesday to Tuesday) plus one and one-half times (1½) times’ compensation for hours worked. On-Call employees must provide the City with a contact number which dispatch can call for service.

No employee will be required to accept an On-Call duty assignment unless the City is unable to obtain a volunteer. Employees selected for On-Call duty will be selected from a list of available and willing employees.

D. Call Back Pay
Public Works employees shall be guaranteed at least one (1) hour of pay at 1.5 times base hourly rate on call backs that are less than one (1) hour of work.

E. Longevity Pay
In recognition of an employee’s years of public service to the community, employees shall receive a one-time lump sum payment equal to three percent (3%) of their annual base compensation for each ten (10) years of continuous service occurring after July, 2025, payable in the first pay period of July.

F. Classification Study Requests
The Union and City shall conduct an informal Compensation and Classification study and shall define the relevant labor market, comparable positions to be included in the study and acceptable methodology for determining classification and compensation adjustment.

G. Educational Reimbursement
To qualify for educational reimbursement, the employee must be a full-time employee and the course selected must prepare the employee for future promotional opportunities and enhance their value to the City.

Each employee desiring to receive an educational reimbursement must attend the course on the employee’s own time; complete the course satisfactorily with 372
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a passing grade of “C” or its numerical equivalent or better. The City shall pay for the first test or examination for job requirements and/or job-related exams as approved by the City Manager or department head. If the exam is not passed on the first try, the employee shall be responsible for all further fees.

H. Working Out of Class Pay
A temporary five percent (5%) premium will be paid for services performed outside of employee’s job classification lasting more than ten (10) working days.

Employees performing approved additional services less than ten (10) working days shall not be eligible for the five percent (5%) premium.

Should an approved additional service last more than ten (10) working days, affected employees shall be paid the five percent (5%) bonus retroactively to the first day of the assignment.

For purposes of this provision, prior approval shall be required from both the department head and City Manager. The City Manager may apply the premium retroactively without prior approval.

This temporary payment shall terminate after ninety (90) calendar days unless an extension is specifically approved by the City Manager.

In determining whether an employee is working out of their position classification, the City will consider the distinguishing features of that classification, essential functions of the position and the required knowledge, skills and abilities needed to perform the additional assignments. Request for premium pay shall be denied if the assignment or duties are not considered outside the parameters of the job classification or exceed the minimum experience and education requirements of the job classification.

I. Temporary Special Assignment Pay
Employees temporarily assigned by a manager to perform the duties of a higher classification or skill level beyond the regular scope of their classifications shall receive, in addition to their regular rate of pay, a temporary special assignment pay of no less than five percent (5%).

An employee given a Temporary Special Assignment to a higher classification must possess the minimum educational/experience qualifications for the classification and must be performing the full range of duties of another position 373
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classification or skill level to be eligible for Temporary Special Assignment pay.

Temporary Special Assignments are an administrative tool that provide a vehicle for ensuring that appropriate and necessary staffing levels are maintained during employee absences and certain approved administrative actions. To be eligible for Temporary Special Assignment pay, an employee must perform, on a full-time basis, all of the significant duties and responsibilities of a higher classification.

A Temporary Special Assignment may be approved when any of the following apply:
• An employee performs all of the significant duties of a vacant position in a higher classification.

Temporary Special Reassignment shall not exceed 180 days unless specifically approved by the City Manager and are not intended to resolve long-term or permanent staffing issues. To the extent applicable, Temporary Special Reassignments shall also be in accordance with CalPERS rules and regulations for out-of-class work.

J. Certificate Pay
Full Time Employees are entitled to additional pay of $50.00 per certificate up to a maximum of five (5) certificates. Certificates must be in addition to those certifications already required for the Employee’s specific job classification in the following areas.
• Pesticide Application System Cross Connection
• Wastewater Treatment Plant Operator – Grade I, II, III, IV • Water Treatment Operator – T1, T2, T3, T4, & T5
• Water Distribution Operator – D1, D2, D3, D4 & D5
• Back-flow Prevention General Test
• Cross-Connection Specialist
• Qualified Application Certificate – QAC
• Heavy Equipment Operator - Certified
• General Irrigation & Landscaping Certificate
• AA Degree
• Class A Commercial Driver’s License
K. Layoff Procedure
Section 1: Layoff Due to Lack of Work, Funds or Other Reasons The City shall notify the Union and all affected Employees in writing of potential layoffs, including the reasons for the layoffs, no less than forty-five (45) calendar days before any layoffs are scheduled to take effect. Once the 374
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Employees and Union have been notified of potential layoffs, the timeline for the layoff and/or reduction in force process shall commence and follow the below listed steps:

1. Upon notice from the City of proposed layoffs, the parties shall have fifteen (15) calendar days to meet and confer over alternatives to layoffs and or reduction(s) in force.

2. If, after the fifteen (15) day timeline, the Union and City cannot identify a viable alternative to layoffs, the City may issue layoff notifications thirty (30) days in advance of the effective layoff/reduction in force date.

3. Upon the thirty (30) day layoff/reduction in force notification, the employee(s) shall have the choice to either work the remaining thirty (30) days or receive thirty (30) days’ pay and full benefits in-lieu of time worked.

In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by City personnel policies. If an employee is laid off from their job with the City, for economic reasons, the City will grant severance pay, in addition to any “pay in lieu of time worked” (as outlined in item #3 above), in an amount equal to two (2) weeks of pay for every full year of continuous employment service up to eight (8) weeks of pay.

Layoffs and Reduction in Force (RIF) includes:
• Temporary Reduction: Recall to work is expected within twelve (12) months.
• Permanent Reduction: Recall to work is not expected because the position has been eliminated, the contract has expired, the department has closed, or the reduction in force is due to budgetary constraints.

Should layoffs and or a reduction in force be enacted, the Union shall retain all rights to meet and confer over any and all ensuing impacts and effects.

Section 2: Order of Layoffs
The order of such layoffs should be based on seniority with the least senior employees in the classification being laid off first, unless it can be demonstrated that an employee possesses special skills, training and/or abilities necessary to maintain the daily operations of the City. Reinstatement shall be in the reverse order of lay-offs.

When one or more employees assigned to the same classification within a department are to be laid off, the order of lay-offs shall be as follows:

1. Temporary
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2. Probationary

3. Regular
In the event of a reduction in force (RIF), or the reduction or elimination of a particular classification, there shall be no bumping into positions in which the employee does not qualify.

Article IX. Benefits
A. Health, Vision and Dental Insurance
Health Care

The City will provide basic and major medical, vision and dental care plan for all employees and their dependents subject to the following provisions:

1. Employees shall contribute $135.00 per month toward medical coverage depending on the plan selected by the City

2. In addition to the $135.00, employees shall pay twenty-five percent (25%) of the premium cost for dependent care coverage, (25% per dependent up to 3 three dependents and 1 spouse or partner).

3. Dental insurance reimbursement will be annually capped not to exceed $2,500.

The parties recognize that certain State and Federal laws, programs and regulations, including the Affordable Care Act, may impact future medical plan offerings. In the event reform measures alter healthcare coverage options, cost, or other elements of healthcare services that materially alter the provisions of this MOU, either party may request to reopen Section 4(a)(2) regarding medical insurance for the purpose of discussing alternative approaches and proposals to providing healthcare coverage. In addition, should State or Federal laws concerning taxation of healthcare benefits change, the parties agree to meet and confer to discuss the impacts of such change.

Health Insurance Review Committee:

A Health Insurance Review Committee shall be composed of representative from the City and duly designated bargaining units as follows:

1. SEIU 521
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2. City HR/Admin

3. GPOA/GPSA
SEIU 521 representatives will include up to two (2) members, in addition to one (1) staff representative.

The Committee will meet once a quarter to review and consider alternative plans and/or plan modifications.

In the event the Health Insurance Review Committee recommends plan modification to the City and the Parties agree on the modifications, the parties (i.e. Union and City) will reopen this Article of this Agreement to allow implementation of the agreed upon modifications.

In the event that this committee is unable to agree to modifications nothing in this Article shall obligate the City to assume additional health care cost that exceed the total aggregate cost for current bargaining members as outlined in Appendix G.

This Committee will remain in effect and will follow the same procedure and timeline listed above for each subsequent fiscal year during the term of this agreement.

B. Life, Accidental Death and Dismemberment Insurance
The City shall pay for the premium of a fifty-thousand-dollar ($50,000.00) term life and accidental death and dismemberment policy sponsored by the City, for all unit employees.

C. Long Term Disability Insurance
The City shall pay for the premium for a long-term disability plan for employees as implemented in the Standard Insurance Long Term Disability Plan.

D. Labor Management Committee
The parties will establish a labor-management committee that will meet on an “As Needed Basis” up to four (4) times a year to discuss issues of concern to the bargaining unit employees.

Article X. Uniform Program
The purpose of the City Uniform Program is to maximize safe working conditions, reflect good appearance and to provide ease of recognition, and/or identification for employees by the public. All City issued uniforms and all other related dressing accessories are to be kept well maintained and may not be used for recreation or off duty purposes. No employee shall affix, adorn or otherwise alter any department provided uniform by adding patches, emblems, pins, etc., unless such items and/or alterations are legally protected 377
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as Union rights, or issued, authorized, or provided by the department. Employees are prohibited from wearing their City issued shirts or uniforms at bars, night clubs or any other places that would bring discredit to the City (during non-working hours). In exercising legally protected Union rights, the Union acknowledges that the City has a legitimate business interest in maintaining a professional image for its public employees, and a cornerstone of this image is its requirement that all employees dress in professional attire and project a positive image to the public.

Employees are liable for issued uniform items that have been lost, stolen or damaged beyond economic repair, except if the damage is due to the nature of the job. If a uniform has been damaged as a result of the nature of the job or extenuating circumstances, employees are required to report and request a replacement form their direct supervisors.

The City will provide each employee required to wear safety boots with a reimbursement of up to $200 for the purchase of safety boots at the beginning of each fiscal year. All eligible employees under this MOU shall submit receipts for the purchase of safety boots prior to and as a condition of reimbursement. The City will also provide 2 safety jackets and 4 caps per fiscal year for each Public Works employee.

A. Office Staff
The City will annually provide each employee in the unit eight (8) dress shirts with the City logo and a jacket with the City logo every two (2) years. City issued uniforms must be worn during their hours of employment. The City reserves the right to prescribe the casual wear days and community events wherein uniforms will be worn. Maintenance of such uniforms shall be at the employee’s expense. Replacement uniforms shall only be for on-duty damage.

B. Public Works Maintenance Staff
Employees will be provided (11) uniforms which will be worn while performing their work duties. The City will incur the costs for cleaning such uniforms on a weekly basis.

Employees must return all uniforms and any City issued property to the City upon separation of employment. Failure to do so will result in deduction from final check for missing uniforms or property.

C. Taxes on Uniforms
Per IRS guidelines, uniforms or clothing, provided by the employer or provided through an allowance to the employee, are excludable from taxable wages of the employee if they are specifically required as a condition of employment and are not worn or adaptable for general use as ordinary clothing. Uniforms or clothing, provided by City of provided through an allowance to the employee, 378
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are includable in taxable wages of an employee if they do not qualify for all the relevant IRS exclusions.

Article XI. Holidays
The City shall provide fourteen (14) paid holidays and they are specified as follows:

• January 1st
• The third Monday in January, observed as Martin Luther King Jr. Day • The third Monday in February, observed as President’s Day • The last Monday in March, observed as Cesar Chavez’ Day • The last Monday in May, observed as Memorial Day
• July 4th
• The first Monday in September, observed as Labor Day
• The second Monday in October, observed as Columbus Day • November 11th, observed as Veteran’s Day
• The fourth Thursday in November, observed as Thanksgiving Days • The day subsequent to the fourth Thursday in November • December 24th, observed as Christmas Eve
• December 25th, observed as Christmas Day
• A personal holiday approved by the employee’s supervisor Employees required to work on a holiday shall receive paid compensation at a rate of one and one-half (1 ½) times the employees’ regular rate of pay plus receive the employees’ regular paid compensation for the holiday.

Article XII. Miscellaneous
A. Vacation

1. Vacation Policy
The purpose of annual vacation leave is to enable each eligible employee to take a break from his work and return mentally refreshed.

For this reason, it is the intention of the City that vacations are taken, insofar as possible, in period of one week or more.

2. Vacation Accrual
All full-time employees shall be credited with vacation time related to years of continuous service in accordance with the following schedule:
a. Less Than Five (5) Years. For employees completing less than five (5) years of continuous service, six and two-thirds (6 379
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2/3) hours for each month of service – ten (10) working days per year. No more than 240 hours may be accrued at one
time.
b. Five (5) or More Years. For employees completing five (5) or more years of continuous service, ten (10) hours each month of service – fifteen (15) working days per year. No more than 360 hours may be accrued at one time.
c. Fifteen (15) or More Years. For employees completing fifteen (15) or more years of continuous service, fourteen (14) hours for each month of service – twenty-one (21) working days per year. No more than 504 hours may be accrued at one time. d. Any further changes in vacation time will be set by resolution by the City Council.

Vacation shall be credited on a prorated basis of the amount of time in which the employee is in pay status during that month. Vacation time shall be credited at the end of each month of service.

Employees must use one week of accumulated vacation time each year and may not accumulate more than the maximum accruals specified above based on years of service with the City, without approval of the City Manager. Once the maximum accrual has been reached, the employee shall cease to accrue additional vacation until the balance is reduced below the maximum. Employees shall be paid for accumulated vacation time upon termination of employment. Vacation requests will be approved or denied within seven (7) calendar days from when the request was submitted.

3. Use of Vacation
Employees shall complete six (6) months of continuous service before becoming eligible to use accrued vacation leave unless the City Manager shall authorize the utilization of accrued vacation prior to the completion of this period. The scheduling of and duration of an employee’s use of accrued vacation leave shall be approved by the department head. Employees shall not work for the City during their vacation in order to earn double compensation. Maximum vacation accrual shall be in accordance with City Rule 20.

In the absence of a departmental policy approved by the City Manager, employees shall apply for vacation at least seven (7) calendar days 380
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before the requested effective date of vacation. Should the requests of two employees’ conflict, the supervisor may recommend to the Department Director changes to best accommodate all employees.

Important criteria to be considered by the supervisor are the classification and seniority of the employees, the dates on which the vacation requests were submitted and workload requirements.

4. Compensation in Lieu of Time Off
Each year an employee may request that the City purchase accrued vacation hours in excess of 80 hours. All vacation hours purchased shall be approved by the City Manager. All requests that the City purchase accrued vacation must be made by November 15th and will be paid by December 1st of each year. Payment of vacation hours shall be subject to the availability of funds as determined by the City Manager.

5. Holiday Falling During Vacation
In the event a City holiday falls within an employee’s vacation period which would have excused the employee from work and for which no other compensation is made, such holiday shall not be charged as a vacation day.

6. Vacation at Termination
Employees shall be paid for accumulated vacation time upon termination of employment..

7. Military Service – Vacation Pay-Off Exception
An employee who interrupts his municipal service because of extended military leave shall, upon the employee’s request, be compensated for accrued vacation at the time the leave becomes effective.

B. Sick Leave

1. Statement of Policy
The purpose of sick leave is to provide an employee time off without loss of pay due to illness.

Sick leave shall be allowed and used only in the case of necessity and actual personal sickness or disability, medical or dental treatment, or in the case of an emergency illness in the immediate family. Immediate family shall mean the spouse, parent, child, brother, sister, or a close relative residing in the household of the employer.

2. Eligibility
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In order to receive compensation while absent on sick leave, the employee shall notify the head of the department prior to the first day of absence. Notification shall be at least two (2) hours prior to the time set for the beginning of said employee’s work shift. Department heads may, at their discretion, reduce the time period required for notification prior to absence and may grant exceptions to the notification requirement if an unreasonable hardship would be imposed on the employee.

When an employee is absent due to illness or injury for more than three (3) days, a physician’s certificate shall be required stating the cause of the absence and attesting to the employee’s ability to resume work. Five (5) days of sick leave shall be permitted in case of death of an immediate family (Spouse, parent, child, brother, sister or a close relative residing in the household of the employee)

3. Sick Accrual
Sick leave shall be accrued monthly, beginning with the first month of employment, provided the employee has been in pay status for fifty (50) percent or more of the first or any month thereafter. Sick leave shall be added to the employee’s sick leave accumulation account upon completion of each calendar month with no credit applied during the progress of the month for portion of the month during which the employee terminates his/her City service. Sick leave shall be accrued at the rate of eight (8) hours per month for all City employees; an employee may only accumulate 650 hours of sick leave.

4. Bereavement Leave
Five working days of sick leave, per occurrence, shall be permitted in case of death of a relative, defined as follows: parent, stepparent, brother, sister, spouse, eligible domestic partner, child, foster child, child of eligible domestic partner, step child, grandparent, grandchild, fatherin-law, mother-in-law, daughter-in-law, son-in-law, step brother or step sister, sister-in-law, brother-in-law, aunt, uncle, niece, nephew, immediate family member of eligible domestic partner and any person residing in the immediate household.

5. Deductions
Sick leave pay shall be granted on an hour-for-hour basis. Calls for medical, dental or other similar practitioner’s office which are made during working hours for other than job-related injuries shall be considered sick leave if they are longer than one (1) hour.

6. Incentives
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As an incentive to discourage misuse and encourage long term honorable active service, an employee who retires and/or resigns in good standing shall receive payment in direction proportion to the increments and percentages provided in the following formula:

A. After five (5) years of continuous service and separation in good standing, ten (10%) percent of accumulated sick leave.

B. After ten (10) years of continuous service and separation in good standing, twenty (20%) percent of accumulated sick leave.

C. After fifteen (15) years of continuous service and separation in good standing, thirty (30%) percent of accumulated sick leave.

D. After twenty (20) years of continuous service and separation in good standing, forty (40%) percent of accumulated sick leave.

C. Catastrophic Leave Program
The Catastrophic Leave Program allows permanent employees (those who have successfully completed their probationary period) under specified conditions to receive donated vacation leave from their co-workers when they are unable to work and are experiencing financial hardship as the result of a catastrophic illness or injury.

Eligibility

To qualify for participation in the program, employees suffering a catastrophic illness or injury must have an approved absence and expect to exhaust all paid leave credits. Paid leave credits include all sick leave, vacation, personal holiday credits, and compensatory time off.

A catastrophic illness or injury is defined as a severe illness or injury that incapacitates an employee and creates a financial hardship once the employee has exhausted all paid time off.

Procedure for Participation

Only full-time employees with a minimum of one year of employment at the time of the leave are eligible to participate in the program. Employees who wish to receive benefits from the program must submit to Human Resources or their designee, a request to participate in the catastrophic leave program. The request will be reviewed to ensure that it meets the established criteria of the program. All requests for participation in the program must include:

• Name and work location of employee;
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• Reason for the request and a physician’s verification of the illness or injury of the employee or family member;
• Dates of absence;
• Specific date when leave credits are expected to be exhausted:

Human Resources will review the following factors and submit to the City Manager for final approval:
• Length of permanent employment.
• The amount of time already used for this specific situation. • Patterns of sick leave previously use for this specific situation. • Eligibility for long-term disability insurance.
• The employee’s work record and job performance.

The City Manager shall have sole and final discretion in the authorization of the vacation leave transfer. If approved by the City Manager, an announcement soliciting voluntary vacation leave donations will be sent to all employees of the City for requests that have been approved and meet the established criteria of the program.

D. Leave Donation
Employees desiring to donate vacation leave credits are required to sign an authorization form indicating the amount of leave donated and the number of hours. Only vacation leave credits are eligible for donation. A minimum donation of one hour is required to a maximum of eight hours per employee.

The contributing employee will be notified when the vacation leave is deducted from his/her account. A maximum combined contribution of 160 hours will be transferred into the employee’s sick leave record. Any unused portion of the donated sick leave will remain in the contributing employee’s record.

Contributions in excess of 160 hours will be kept on file in the event the requesting employee had need beyond the initial request.

The City will transfer vacation leave credits, hour for hour, from the leave records of donating employees to the recipient’s leave record. Donations will be credited to the recipient’s record, and will be available for use, once all leave credits have been exhausted.

Employees who receive donated credits through this program will be required to use any leave credits they continue to accrue on a monthly basis prior to receiving credit from donations. At no time may a recipient receive more than 100% of their current salary while on leave. The City will not disclose the identities of the donors to the recipient. The use of donations for catastrophic illness or injury will be limited to a maximum of twelve continuous months for each occurrence.

E. Probationary Period
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1. Objective of the Probationary Period
The probationary period shall be regarded as part of the examination process. It shall be utilized for closely observing the employee’s work and for securing the most effective adjustment of a new employee to the new position.

2. Probationary Period: Regular Appointment
All original and promotional appointments to the classified service positions shall be subject to probationary period of six (6) months for all non-safety employees.

The City Council may, by resolution, establish a different probationary period for specified classes either directly or by approval of an employment contract.

3. Notification and Retention of Probationer
The Personnel officer shall notify the department head of any probationer one month in advance of the completion of any probationary period. The department head shall recommend in writing to the Personnel Officer whether the employee should be retained beyond their probationary period.

The City Manager shall make the final determination whether or not to retain the probationer.

4. Rejection of Probationer
During the probationary period an employee may be suspended, demoted or terminated at any time by the department head with the approval of the City Manager without cause and without the right of appeal or to submit a grievance. Notification of rejection in writing shall be served on a probationer and a copy filed with the Personnel Officer.

5. Rejection Following Promotion
An employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which that employee was promoted, unless that employee is discharged from the classified service in the manner provided in these rules and regulations.

6. Promotion during Probationary Period
An employee promoted to a position with greater maximum rate of pay than that of the employee’s original appointment shall be deemed a new probationary employee and will commence the probationary period on the effective date of said promotional appointment.
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7. Reappointments
Reappointments after termination will be considered as new employment except for reappointment from a re-employment list where the reappointed employee had previously completed the probationary period in the position from which they were laid off.

F. Residency Requirement
All public works employee will be required to establish and maintain continuous residence in a location which permits them to respond in a reasonable time to an emergency call. This requirement will be met so long as the employee lives within thirty (30) () air-miles of the Greenfield Corporation Yard. Employees are required to be in compliance with this requirement on or before the completion of their probationary period. Based on a documented hardship, the City Manager may modify or waive this requirement in any manner that is in the best interest of the City. The decision to waive or modify this requirement by the City Manager is not subject to appeal or arbitration.

G. Drug Testing
All City employees are expected, as a condition of employment, to remain free of drugs or alcohol in the workplace. The City will not tolerate the use of illegal drugs by its employees, nor will it tolerate the use of any drug or alcohol which may imperil the health, safety, or well-being of its employees or the public. The City provides an Employee Assistance Program (EAP) to help employees and their families who suffer from alcohol and drug abuse, stress, or other mental or health problems. It is the personal responsibility of each employee to seek assistance from the EAP before drug abuse and alcohol problems lead to disciplinary action or interfere with job performance. Management may refer employees to the EAP at such time as they perceive an employee’s job performance or attendance is deteriorating.

Pursuant to Federal Drug-Free Workplace Action of 1990, the City of Greenfield has adopted a policy setting forth the terms and conditions to establish and maintain a drug-free workplace. The policy, entitled “City of Greenfield DrugFree Workplace,” is incorporated in Personnel Rule 17, Section 6, Attachment A.

Post-Crash Testing – Employees will be subject to alcohol and drug testing when:

1. The employee contributes to or is responsible for an on-the-job preventable vehicular Crash or;

2. Any time the driver receives a citation under state or local laws, or;

3. Personal injury or death involved, or;
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4. One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicles.

If it is not feasible to move an injured employee from a treating facility, specimens may be obtained at the treating facility following the procedures set forth by the approved laboratory and transported to an approved laboratory.

Any employee subject to post-crash testing who leaves the scene of an accident (unless it is prudent to do so for medical or notification purposes, or permission is granted by a supervisor or management) before testing is administered, drinks alcohol within eight (8) hours following the accident without first being tested, or fails to remain available for testing, will be deemed by the City to have refused to submit to testing. Such refusal will be treated as if the employee had received a verified positive for controlled substances or has an alcohol test result of .04 or greater.

H. Performance Evaluation
Written performance evaluations shall be conducted annually and serve the following purposes:

1. To promote communication between employee and supervisor about the employee’s work performance and means by which that performance might be enhanced;

2. To establish goals and expectations for the coming year;

3. To identify and encourage ways in which the employee can develop his/her skills;

4. To provide justification along with other relevant information and the recommendation for salary increase;

5. To assist supervisors in determining the overall performance rating and assist the employee and supervisor in attaining the highest level of performance;

6. To record how an employee’s performance meets the requirements of their job;

7. To identify employee strengths and areas for enhancement; and to

8. Assist employees with planning and implementing programs to meet improvement and/or career development needs.

The Salary Step Plan is merit-based and is subject to the following provisions:
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1. Each employee shall receive a performance evaluation at the time of their Anniversary employment date or as soon thereafter as is reasonably practical. Each employee receiving a satisfactory performance evaluation shall receive a step increase on the Salary Step Plan, which will take effect on their respective Anniversary date of initial employment. An employee who has not received a performance evaluation within thirty (30) days of his/her Anniversary employment date will be treated as having a satisfactory performance evaluation review for purposes of this Section H.

2. New employees will generally start their employment at Step 1, unless the City Manager, determines that a new employee’s job experience and education justify beginning that employee at a higher Step. This determination is based solely on the judgment and approval of the City Manager.

Every effort shall be made to include substantiated information within an employee’s performance evaluation.

An employee may appeal an annual performance feedback appraisal with his or her immediate supervisor where it is believed that the overall rating or individual performance factor ratings do not represent a true evaluation of the employee’s work performance during the appraisal period. The written appeal must contain the following information:
• The specific performance factor being contested;
• The rating the employee proposes for each factor being appealed; • The specific facts to support each of the performance factors being appealed.

If the discussion with the immediate supervisor does not resolve the appeal to the satisfaction of the employee, the employee may then file a written request to meet with the Department Director.

Upon receipt of the written request, the Department Director shall meet with the employee within ten (10) working days or respond in writing to the employee.

Should the Department Director fail to meet with the employee or provide a written response, the employee may request a meeting with the City Manager within five (5) working days. If no such request is timely received, the proposed change(s) to the written performance evaluation shall be deemed rejected and the evaluation will be considered final.

An employee may submit a written response to their evaluation that shall be placed in their personnel file with the evaluation.

I. Injury Illness and Prevention Program
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The purpose of the City’s Injury and Illness Prevention Program as contained in the Personnel Policy is to encourage employees to report unsafe conditions with accordance that City Management will take appropriate action(s). In correcting such conditions, the City displays a commitment to the safety and health of its employees.

The person responsible and with authority to manage the City’s Injury/Illness Prevention Program will be the City Manager.

The safety and Health Compliance Committee shall be composed of the following:

One Member – Administration

Two Members – Public Works Department

The committee shall meet on a monthly basis and not less than on a quarterly basis with the City Manager.

J. Rest Period: A full-time workday is eight (8) sequential hours of work exclusive of a meal period of at least thirty (30) minutes. There will be a rest period of 15 minutes at approximately each half-shift of more than four hours.

A rest period is City paid time and considered hours worked for pay purposes.

It is the responsibility of each employee to take a rest period.

Rest periods may be suspended when unusual emergency conditions require continuous performance of duties in order to protect or preserve life or property.

Rest periods may be suspended for up to five (5) continuous days when short term staffing shortages or workload demands require continuous work in order to provide essential services.

Article XIII. Grievance Procedure
Grievance Defined
Grievance is defined as a complaint by an employee or a group of employees based on alleged violation, misinterpretation or unequal application of the provisions this Memorandum of Understanding by an employee or group of employees adversely affected thereby, but shall not include the following:
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A. Disciplinary actions as defined herein which shall be subject to appeal through the procedure Contained in this Agreement for the appeal of disciplinary actions;
B. Complaints regarding Affirmative Action, Occupational Health and Safety, Workers’ Compensations or discrimination complaints based on age, race, color, religion, sex, national origin, marital status, ancestry, handicap or sexual orientation or the applicable procedures for such complaints; C. The exercise of any City rights as specifies in this Memorandum, so long as the exercise of such rights does not conflict with other provisions of this Agreement;
D. Any impasse or dispute in the meeting and conferring process, or any matter within the scope of representation;
E. Any matter for which a different appeals procedure is provided either by statutes, ordinances, resolutions, or agreements.

The Union may file a grievance on its own behalf only on those matters which pertain to the rights of the Union as an organization as specified in Article 5 of this Agreement.

No employee or group of employees may refuse to follow direction pending the outcome of a grievance. Employees will follow all lawful directives, even if such directives are perceived as being in conflict with the provisions of this Agreement. Compliance with such directives will not in any way prejudice the employee’s rights to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance.

Nothing in this Article or elsewhere in this agreement shall be construed to permit the Union to process a grievance on behalf of an employee without his consent.

An employee covered by this Agreement shall have the right to be represented or refrain from exercising the right to be represented in the determination of grievances arising under the terms and conditions of employment covered by this Agreement. If an employee desires Union representation in presenting a written grievance, he/she shall not be required to discuss the written grievance if a Union representative is not present. Nothing in this section shall be construed to prevent any employee from presenting, at any time; his/her own grievances, and having such grievances adjusted without the intervention of the bargaining agent. The City will notify the Union of grievances that have been adjusted without Union representation and results thereof.

Limited Grievance Procedure Application
An employee shall be entitled to file a grievance which alleges that the City has failed to provide a specific condition of employment which is established by the Personnel Policies 390
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provided that the enjoyment of such right is not made subject to the discretion of the department head or the City and provided further that the condition of employment which is the subject matter of grievance is a matter within the scope of representation as defined in California Government Code Section 3504.

No Discrimination
There shall be no restraint, interference, coercion, discrimination or reprisal against any employee for exercising any rights under the grievance procedure.

Time Limits
The time limits set forth herein are essential to the grievance procedure and shall be strictly observed. The time limits may be extended by agreement of the parties; however, any such extension must be confirmed in writing or email.

The grievant has the right to promptly proceed to the next step within the prescribed time limits if the appropriate management representative fails to respond within the time limit specified.

Failure of the aggrieved employee to file an appeal within the prescribed time limits for any step of the procedure shall constitute abandonment of the grievance.

One steward or one Union officer shall be allowed reasonable time off without loss of pay during his regular shift hours or investigating, presenting, and appealing grievances up to and including Step 3 of this procedure. The performance of this function by the Union representative shall in no way interrupt the normal functioning of the department. The Union agrees to guard against the use of excessive time or such activities which are authorized by this Agreement.

The City and the Union agree that maintenance of superior service and adherence to schedules are compelling commitments which may at time create delays and necessitate postponements which will automatically extend the time limits or the duration of the postponement. The steward will provide advance notice to supervision to allow planning arrangements to enable the representative time to investigative activity. When a steward desires to contact an employee who has a complaint, he/she shall first obtain oral permission from his supervisor and the aggrieved employee’s supervisor. If permission must be denied at that particular time, the steward will be informed of the reason for the denial and when he/she can reasonably expect to contact the employee concerned. The steward will notify his supervisor upon his return to work.

A grievance not submitted within the time limits as prescribed for every step shall be considered untimely and deemed null and void. A grievance not answered within the time limits prescribed for the appropriate management representative at each step shall entitle the employee or the Union to advance the grievance to the next step. Time limits at any steps of the procedure may be extended by written mutual consent of the parties. 391
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Grievance Procedure Steps
Step 1 – Discussion with Immediate Supervisor
The grievant shall first discuss the grievance with his/her immediate supervisor, or in his/her absence, the supervisor’s designee. The Union or grievant will present the grievance in writing to the employee’s immediate supervisor and/or division head (where applicable and determined by the department director) and a copy to the City Manager.

The discussion shall be held within fifteen (15) working days of the action causing the grievance or of the date the action reasonably could have been expected to be known to the grievant. Where mutually agreed by the City and the Union, grievances involving more than one grievant may be filed directly at Step 2.

Every reasonable effort shall be made to resolve the grievance at this level. The immediate supervisor shall respond to the grievant in writing within five (5) working days of the informal discussion between the grievant and supervisor.

Step 2 – Department Director
A. In the event the employee believes the grievance has not been satisfactorily resolved, the employee or the union representative shall submit the grievance in writing to the department head within ten (10) working days after receipt of the immediate supervisor’s written response. One (1) copy of the grievance shall be filed with the City Manager. Such written grievance shall:

1. Fully describe the grievance and how the employee(s) was/were adversely affected;

2. Set forth the section(s) of the Memorandum of Understanding, allegedly violated:

3. Indicate the date(s) of the incident(s) grieved;

4. Specify the remedy or solution to the grievance sought by the employee(s)

5. Identify the grievant and be signed by the grievant and/or the union representative;

6. Identify the person, if any, chosen by the grievant to be his/her representative.

B. No modifications in the basic violation being alleged pursuant to this grievance procedure shall be made subsequent to filing of a grievance unless mutually 392
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agreed to by both the City and the grievant. The department head or his/her designee shall hold a meeting with the grievant within seven (7) working days of the receipt of the appeal. The department head or his/her designee shall deliver his/her written decision to the grievant and/or his/her representative with three (3) working days of the date of the grievance meeting. The department head’s or his/her designee’s decision shall include the reasons on which the decision is based and the remedy or correction which has been offered, if any, to the grievant.

Step 3 – City Manager
A. If a grievance is not settled at Step 2 of the procedure, the grievance may be appealed, in writing to the City Manager, or his/her designee within ten (10) working days from the receipt of the department heads or his/her designee’s written decision. Said grievance appeal must specifically set forth the reason the answer(s) previously provided by management is/are not satisfactory.

B. The City Manager or his/her designee shall hold a meeting with the grievant within seven (15) working days of the receipt of the appeal.

C. The City Manager of his/her designee shall deliver his/her written decision within ten (10) working days of the date of the meeting.

D. If the grievant is not satisfied with the disposition of the grievance at Step 3, the grievance may be submitted to expedited arbitration, as determined by the Union or the City. If an appeal for arbitration is not filed within fifteen (15) working days of receipt of the City Manager’s written decision, the grievance shall be considered settled on the basis of the City Manager’s decision.

Step 4 – Expedited Arbitration (Pilot Program)
The City and the Union (collectively, “the Parties”) agree to participate in a pilot program or an expedited arbitration process. The pilot program shall terminate with the expiration of the MOU, unless extended by mutual agreement.

A. The grievance/disciplinary appeals to be referred to this process shall be determined by mutual agreement only. The Parties agree that this process shall be reserved for those cases of limited scope and limited impact.

B. The arbitrator shall mutually be selected by the Parties. If the Parties cannot agree upon an arbitrator, the Parties shall request the State Mediation and Conciliation Service to furnish a list of seven (7) arbitrators. Any fee for the list will be shared equally by the Parties. The Parties shall alternately strike names until one (1) arbitrator remains.

PROCEDURES
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The expedited arbitration hearing shall be conducted according to the following procedures, and the arbitrator will be responsible for enforcing them:

1. The agenda of grievances/disciplinary appeals to be heard by the arbitrator shall be determined by mutual agreement of the Parties in advance of the hearing. On the day of the hearing, the arbitrator will hear and decide as many grievances/disciplinary appeals on the agenda as can be reasonably presented in a normal workday.

2. Prior to the hearing, the Parties must mutually agree to a statement of each issue that will be decided by the arbitrator, or the case will not proceed through this process.

3. The grievant/appellant and his/her union steward will attend the hearing and will not incur any loss of wages for attending.

4. Informal rules of evidence, with Parties stipulating to admission of three (3) exhibits from each side [a single “exhibit” may include or consist of multiple attachments, if the original did, or a series of copies reflecting the exhaustion of a remedy, e.g., a grievance from, plus Step 2 and 3 response letters, and an appeal letter].

5. Each part shall have one official representative, who shall not be an attorney, to give the opening and closing statements, and request a “point of order” if necessary. A “point of order” may be requested on occasion to clarify procedure, or to refresh a witness’ memory. Each party may give short opening and closing statements (not to exceed 5 minutes for each).

6. One witness shall be allowed to testify for each party, limiting the presentation to 15-20 minutes for each side (not including response to the arbitrator’s question).

No direct or cross-examination will be permitted, but the arbitrator may ask questions at any time.

7. After each side has “rested” (i.e. concluded its presentation), the arbitrator shall be given time for deliberation and a closer reading of the exhibits, for approximately 20 minutes. The arbitrator will then announce a bench decision, with any qualifications or explanations. Each party’s representative may ask up to two (2) short, follow-up questions to understand the arbitrator’s rationale for the decision.

Then the room will promptly clear in preparation for the next hearing.

8. The bench decision of the arbitrator shall be final and binding but shall have no precedential value whatsoever. At the request of either party, the arbitrator may provide a one (1) page written decision within 30 days of the hearing.

9. There shall be no stenographic record, transcripts or recording of the hearing.

10.Pre and post hearing briefs are not allowed.
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11.The arbitrator shall have not authority to add to, delete, or alter any provisions of the MOU or any supplementary agreements thereto, but shall limit the decision to the application of the MOU to the facts and circumstances at hand.

12.The arbitrator’s fee will be evenly split between the Parties.

Step 5 – Arbitration
After receipt of the appeal to arbitration, the parties shall meet to select an arbitrator. If no agreement can be reached, the parties shall jointly request the Federal Mediation and Conciliation Service to furnish a list of five (5) arbitrators. Each party shall have the right to unilaterally reject one list of arbitrators. Thereafter a list may only be rejected by mutual consent of the parties. Both the City and the Union shall have the right to strike two (2) names from the panel. The parties shall meet and alternately cross out name son the list.

Lot chance shall determine who shall cross out first. The remaining person shall be the arbitrator. The arbitrator shall be notified of his selection within five (5) working days by a joint letter from the City and the Union requesting that he set a time and place subject to the availability of the City and Union representative.

A. The hearing on the grievance shall be informal and the rules of evidence shall not apply.

B. The arbitrator shall not have the power to add to, subtract from, modify or alter the terms or a collective bargaining Agreement in arriving at a decision of the issue or issues presented, and shall confine his decision solely to the interpretation or application of the Agreement. The arbitrator shall not have authority to determine any other issues not submitted to him.

C. The arbitrator shall be requested to render his decision as quickly as possible.

D. The arbitrator’s decision shall be binding for the life of the Agreement. Neither the City nor the Union will be permitted to introduce any grounds or evidence to the arbitrator which was not previously disclosed to the other party.

E. Should either party request a transcript of the proceedings, that party shall bear the full cost of the transcripts. If the arbitrator requests a copy, the costs shall be shared equally.

F. The arbitrator’s fee and expenses shall be shared equally by the City and Union.

G. Each party shall bear the full cost of its legal representation at all levels of the grievance procedure. The City shall not pay any off-duty City employee covered by this Agreement for time spent in attendance at the arbitration hearing on behalf of the Union or grievant.
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H. In case of a grievance involving any continuing or other money claim against the employer, no award shall allow any alleged accruals for more than one (1) pay period prior to the date when such grievance shall be submitted in writing.

I. In settlement of any grievance resulting in retroactive adjustment of pay and/or benefits, such adjustment shall be limited to a nine-month period beginning with the date of the issuance of the appeal of arbitration.

Notice of Meetings
The city shall be responsible for giving notice of meetings and conferences to all parties at least twenty-four (24) hours prior to any meeting regarding a grievance whenever possible.

Representation

1. The employee has the right to the assistance of one recognized Union Steward or union staff representative of the Union in the preparation and/or presentation of his/her grievance in Step 1 through 3 of this procedure.

2. An employee is also entitled to represent him/herself individual at any step of the grievance procedure, except in the arbitration procedure outlined in this Agreement.

Only the Union may file for arbitration of a grievance.

1. A grievant may not change his/her designation of representative organization during the processing of a grievance, except by mutual agreement or the parties.

2. If the employee is represented in a formal grievance meeting, the department may also designate a management representative to be present in such meeting.

3. The grievant(s) shall be allowed reasonable time to meet with a designated representative before and after a grievance meeting.

Grievance Withdrawal
The grievant may withdraw the grievance at any stage of the grievance procedure by giving written notice to the City representative who last took action on the grievance, with a copy to the Human Resources Division.

Grievance Resolution
If a grievance is resolved at Step 2 or 3 in the procedure as provided herein, the grievant concerned shall indicate acceptance of the resolution by affixing his/her signature in the 396
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appropriate space indicated. If the employee has been represented by the Union at the Step of the procedure at which a resolution is reached, the Union representative shall also sign the appropriate document acknowledging that the employee has accepted the resolution.

Decisions on grievances where an employee represents him/herself shall not be considered precedent setting or binding with regard to any future grievances filed with respect to the same or similar matters.

Consolidation
The City may consolidate grievances, where, in its discretion, the grievances present substantially similar issues.

The Union may file group grievances at the second step of the grievance procedure within fifteen (15) working days of the action causing the grievance or of the date the action reasonably could have been expected to be known to the grievant by listing each person who claims to be adversely affected and all other data required in this article.

If the grievant involves multiple employees within the dame unit/department with the same supervisor, the grievance shall start at step one (1).

Processing Grievances
The grievant and union representative (Steward) shall be granted reasonable time off without pay from regularly scheduled duty hours to process a grievance, provided that the time off will be devoted to the prompt and efficient investigation and handling, subject to the following:

A. The grievant shall not suffer any loss of pay for attending any regularly scheduled grievance hearing required by the procedure herein set forth.

B. In no event shall a grievant be represented by more than one City employee at the grievance hearings. The Union may have an additional Steward in training present.

C. Grievances may, by mutual agreement, be referred back for further consideration or discussion at a prior step or be advanced to a higher step of the grievance procedure.

XIV. Disciplinary Procedure
The purpose of discipline is to improve employee performance. It is the policy of the city that discipline should be characterized as corrective rather than punitive. Accordingly, any necessary discipline shall be approached positively and in a spirit of fairness and equal treatment. Disciplinary actions should be utilized as an element of an overall program to educate employees and promote proper employee conduct. When circumstances permit, Department Directors are encouraged to pursue a philosophy of “progressive discipline” 397
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by administering and gradually increasing disciplinary actions for each successive instance of employee misconduct. Each level of progressive discipline, from the written reprimand through dismissal, shall be consistent from division to division and shall follow a logical series of progressive steps, each step documented by supervisor’s notes in an employee’s personnel. Although internal consistency in administering discipline is desirable, numerous factors should be considered in determining the appropriate level of discipline to be assessed at each successive step. Some of the factors involved included, but are not limited to, the employee’s length of service, time interval between offenses, effectiveness of prior disciplinary actions, willingness to improve, overall work performance, job attitude, and disciplinary actions previously administered to other comparable employees for similar offenses. A repetition of the same offense or other serious offenses indicates that more severe disciplinary measures should be considered.

This disciplinary action should reflect the totality of violations in considering the appropriate extent or degree of disciplinary action. When imposing disciplinary measures on a current charge, supervisors will not take into consideration prior infractions of the City or departmental rules and regulations which occurred more than two years previously. The parties agree that certain offenses of such a serious nature that immediate discharge upon first offense is appropriate.

The City Manager or his/her designee may take disciplinary action against any employee in the service of the City provided that the rules and regulations prescribed herein are followed and that any permanent employee who is not on any form of probationary status has the right to appeal pursuant to this section, except as herein provided. All employees involved in an administrative investigation, whether as the accused or as a witness, have an obligation to be honest and truthful. Refusal to cooperate fully in any administrative and/or non-criminal work-related investigation is a violation of City personnel standards.

An employee has the right to Union representation in investigatory interviews where a supervisor or management official asks those questions about a matter that the employee believes could lead toward disciplinary action. An investigatory interview occurs when a supervisor questions an employee to obtain information that could be used as a basis for discipline or asks an employee to defend his or her conduct. Employees do not have the right to union representation if the meeting is only to tell them about discipline that has already been decided or to give other direction. As used in this section, “disciplinary action” shall mean written reprimand, suspension, disciplinary demotion, involuntary leave, and dismissal.

A. Progressive Discipline - If it is necessary to take corrective action in regard to an employee’s performance or conduct, the City agrees to use progressive discipline and to work with Union to develop a specific code of conduct. Constructive efforts will be made by management toward helping employees fully achieve satisfactory standards or conduct and job performance. Notwithstanding any other term of this subdivision A, where the City Manager, in his/her discretion, has determined that an employee has engaged in serious misconduct based on the potential harm to fellow employees, City or private property, public trust, or other similar factors, disciplinary action of greater severity, including termination of employment, may be taken without observance of progressive discipline.
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B. Counseling and Guidance – Counseling is not a form of discipline. In the event that employee’s performance or conduct is unsatisfactory or needs improvement, verbal or written counseling shall be provided, which shall come from a supervisor or manager in the employee’s chain of command. Counseling is separate from ongoing worksite dialogue and should address specific performance or conduct which, if not improved, may result in further disciplinary action. Documentation of such counseling shall be given to the employee at the time of the counseling. When appropriate, verbal counseling shall precede written counseling, which shall precede more serious disciplinary action. The purpose of guidance and counseling is to encourage employees to improve their job performance, work habits, attitudes, or behavior. In issuing counseling and guidance, the employee’s immediate supervisor shall identify and define the area in need of improvement and inform the employee how such improvement can be realistically achieved. A record of the discussion must be given to an employee in memo form. Such counseling and guidance is not to be constructed as a written reprimand nor will it be issued on a disciplinary form.

Notice of Proposed Disciplinary Action
In order to institute disciplinary action, the employee’s immediate supervisor or his/her designee shall serve notice of disciplinary action in accordance with the following procedures.

Except as otherwise provided herein or when emergency or other special circumstances require immediate action a notice of disciplinary action (other than for written reprimands) shall be provided to the employee, no less than five (5) calendar days prior to the effective date of any punitive action against the employee.

The notice of proposed disciplinary action shall include the following:

A. The nature of the disciplinary action;
B. The effective date of action;
C. The causes for the action in ordinary, concise language with the dates and places thereof, when known;
D. A statement that identifies the material upon which the action is based and states that it is available for inspection; and
E. A statement advising the employee of his/her right to respond either verbally or in writing to the appointing authority or his/her designee imposing the disciplinary action prior to the effective date, the right to be represented in that response, and that members of the bargaining unit are represented by SEIU Local 521, and the 399
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address and telephone number of the union office at 334 Monterey Street Salinas, CA 93901
The employee has the right to the assistance of a union steward in addition to a staff representative of the Union in the preparation of his/her response to the notice of disciplinary action. Preparation of a response to the proposed disciplinary action shall not be done while on duty nor in a manner which promotes a hostile work environment for other employees.

Notice of Implementation of Discipline
To implement the proposed disciplinary action or a lesser disciplinary action based on the same cause(s), a notice of disciplinary action shall be provided to the employee, on or before the effective date of the disciplinary action.

The notice of disciplinary action shall contain the information in items A, B, C and D of above and, in addition, shall include a statement as to the right of appeal and representation by a party of his/her own choice and shall include a referral to the section of this Agreement concerning appeals from disciplinary action. City employees are expected to abide by and may be disciplined for violation of either City or departmental rules and regulations. Recognizing that each instance of misconduct differs in many respects from somewhat similar actions, the City retains the right to treat each occurrence on an individual basis without creating a precedent for other cases which may arise in the future. Examples given in any rules do not limit the generality of the rules. The Union and the City agree the Code of Conduct jointly development will provide recommended progressive penalties to apply for specific offenses; however, the recommended penalties may be modified by management including a lesser or more severe penalty when extenuating circumstances are found. The City Manager shall appoint and, when deemed necessary for the good of the City shall suspend or remove any City employee.

Written Reprimand
An appointing authority or his/her designee may reprimand an employee by furnishing the employee with a statement, in writing, of the specific reasons for such reprimand.

Supervisors shall inform employees promptly and specifically whenever their performance, attitude, work habits, or personal conduct, at any time, falls below a desirable level. In situations where guidance and counseling has not resulted in the expected improvement, or when an employee commits an offense requiring formal supervisory acknowledgement, an employee Disciplinary Action form must be issued specifically defining the nature of the infraction under the Code of Conduct. The information should include a complete description of the incident of misconduct and refer to specific time, dates, locations, personnel involved, and rules violated. A copy of notice of the reprimand shall be given to the Human Resources for inclusion in the employee’s personnel file and shall be subject to limited appeal. The employee and/or his/her representative shall have the right to discuss the reprimand with the appointing authority or his/her designee. The appointing authority or his/her designee may correct the notice 400
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of reprimand, at his/her discretion. The employee may submit a written response that shall be placed in his/her personnel file.

The Performance Improvement Plan (“PIP”) is intended to give the employee an opportunity to improve performance and shall be in effect for a specified period of time, from one week to six months, but not to exceed six (6) months for each such instance, with the understanding that should the causes for such action not be satisfactorily corrected or remedied during the period, disciplinary action may be taken. However, the City retains the right to take appropriate disciplinary action against an employee during the term of his or her PIP for misconduct unrelated to the PIP, or if it becomes evident that the employee is not complying with the PIP and will not satisfactorily complete it.

Suspension
The City Manager may suspend an employee without pay. Documents related to a suspension become part of the employee’s permanent work record. An employee subject to suspension will receive prior written notice and the right to appeal any suspension.

Suspensions shall be issued on a consecutive workday basis. Suspension for two or more offenses must be cumulative and cannot be served concurrently.

Administrative Leave
The City Manager may place an employee on administrative leave from his/her position at any time for reasons of investigation for disciplinary action. Such administrative leave shall be with pay. Written notice of such administrative leave shall be given to the employee as soon as possible but not later than seventy-two (72) hours after such action is taken. Such administrative leave is not a disciplinary action shall not be subject to appeal.

Demotion
The City Manager may demote an employee, for disciplinary reasons, to any position with a lower salary range, provided the employee meets minimum qualifications for the lowerlevel position. Such demoted employee shall not be eligible for promotion for a period of six (6) calendar months.

Dismissal
The continued tenure of each employee who has permanent status shall be subject to his/her satisfactory conduct and the rendering of efficient service. Should the cause for disciplinary action so warrant an employee may be dismissed.

Absence without Leave Separation
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An employee’s absence from duty for a period which exceeds three (3) working days without authorized leave shall be considered to have abandoned his/her position and to have automatically resigned.

Nothing herein shall preclude the City from disciplining an employee for cause, which consists of a course of conduct or history of performance.

Appeal of Disciplinary Action
Only full-time employees, who are not on probation, shall have the right to appeal from disciplinary actions. Appeals shall be governed by Personnel Rule 12 and the terms of this MOU.

In such cases the employee must, at the time of filing of the initial appeal, indicate which appeal procedure he/she is filing under. The designation of appeal procedure at the time of filing shall constitute a binding election of that appeals procedure and an irrevocable waiver and forfeiture of any and all rights of appeal procedure.

The written notice of appeal must:

A. State the basis of the appeal.

B. Be filed with the City’s Human Resources designated office.

C. Indicate which of the available appeal procedures the appeal is being requested.

Appeals to arbitration shall only be filed by the Union.

Failure to appeal within the time limit set forth in this section shall constitute an irrevocable waiver of the right to process the appeal to arbitration.

Within ninety (90) calendar days of the receipt of the appeal to the City and the Union shall agree upon an arbitration hearing date. The parties shall select a mutually acceptable arbitrator. If the parties cannot agree on an arbitrator, they shall request a list of arbitrators from the California State Mediation and Conciliation Service. The arbitrator shall not have the power to add to, subtract from, modify or alter the terms of a collective bargaining agreement in arriving at a decision of the issue or issues presented, and shall confine his decision solely to the interpretation or application of the agreement. The arbitrator shall not have the authority to determine any other issues not submitted to him.

Processing Disciplinary Appeals
An employee acting in the capacity of union representative (Steward) shall be granted reasonable time off, no more than six (6) hours per month, with pay from regularly scheduled duty hours when:

1. Formally meeting and conferring with representatives of the City on matters within the scope of representation.
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2. Testifying or appearing as the designated representative of the Union in conferences, hearings, or other proceedings before the Public Employment Relations Board, or an agent thereof, in matters relating to a charge filed against the City or by the City against the Union.

3. Testifying or appearing as the designated representative of the Union in matters before a personnel or merit commission.
a. The Union shall provide reasonable notification to the City requesting a leave of absence without loss of compensation.
b. For the purposes of this section, “designated representative” means an officer of the employee organization or a member serving in proxy of the employee organization.

If on-duty personnel are subpoenaed to the arbitration hearing, they will be released from duty only for the time required to testify, providing the employee returns to work upon conclusion of his/her testimony. Under the provision no more than one employee will be released from duty at a time. Any additional arbitration cost caused by this provision will be paid by the City. No off-duty employee who is grievant or subpoenaed by the grievant against the City shall be compensated under this section. Arbitration proceedings will be held on City property, as mutually agreed.

Personnel Records
Employees shall have the right to inspect and review any official record relating to his/her performance as an employee which is kept or maintained by the City. When any comment adverse to an employee’s interest is entered into his/her official personnel record, the employee shall have the opportunity to read the adverse entry and provide a written response for inclusion in the record.

An employee, or representative of the Union, with prior written consent of the employee may, upon written request inspect and/or obtain a copy of any document within the employee’s file during regular business hours.

Any disciplinary and/or adverse records within an employee’s personnel file shall cease to be considered for purposes of progressive discipline after two (2) years. At the request of the employee, materials relating to disciplinary actions which are two (2) or more years old shall be removed provided there has been no reoccurrence of the conduct on which the original discipline was based. Performance evaluations shall be excluded from this provision.

Materials relating to disciplinary actions for misappropriation of public funds or property; misuse or destruction of public property; the use or being under the influence of drugs or alcohol at work; acts which would constitute a felony; acts which present an immediate danger to the public health and safety; or acts of harassment or discrimination based on protected status which have been in the employee’s personnel file for five (5) years or more shall not be used. At the request of the employee, material relating to such 403
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disciplinary actions which are five (5) or more years old shall be removed, provided there has been no recurrence of the conduct on which the discipline was based.

Article XV. Term
The term of this Memorandum of Understanding shall commence from July 1, 2025, to June 30, 2026, when said Memorandum shall expire and be of no further force or effect.

Article XVI. Separability
If any article or section of this Memorandum of Understanding should be found invalid unlawful, or unenforceable, by reason of existing or subsequent enacted legislation or by judicial authority, all other articles and sections of this Memorandum shall remain in full force and effect for the duration of this Memorandum. In the event of invalidation of any article or section, the City and the Union agree to meet within thirty (30) days, for the purpose of meeting and conferring upon said article or section.

FULL UNDERSTANDING MODIFICATION, WAIVER
It is intended that this Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding, agreements or past practice by the parties, whether formal or informal, in writing or verbal, regarding any such matters hereby superseded or terminated in their entirety.

Existing matters within the scope of representation which are not referenced in the Memorandum of Understanding and which are subject to the meet and confer process shall continue without charge unless modified subject to the meet and confer process.

The City assures the Union that unless changes are warranted by operational or financial necessity it does not intend, nor does it anticipate, during the term of this Memorandum of Understanding any change, modification or cancellation of wages, hours, and working conditions which are subject to meet and confer and contained in this Memorandum.

Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required, although they may mutually agree otherwise, to negotiate with respect to any subject or matter covered herein within the scope of negotiations, during the term of this Agreement.

Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Manager, or if appropriate, the City Council. 404
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The waiver of any breach, term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its term and provisions.

If, during the term of this Agreement, and impasse is reached during the course of negotiations over wages, hours, or other terms and conditions of employment and the Union may request that the disputed differences be submitted to a fact-finding panel. At the end of the fact-finding process, the City may impose its last, best, and final offer but only after holding a public hearing.

Date: Date:

SERVICE EMPLOYEES CITY OF GREENFIELD

INTERNATIONAL UNION
LOCAL 521

Jay Donato Paul Wood
Internal Organizer City Manager

Leopoldo Trujillo Ann F. Rathbun
Bargaining Team Member City Clerk
___________________________
Bargaining Team Member Jennifer Thompson
City Attorney

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Appendix A
Salary Schedule/Steps

Effective 07/01/2022
Position Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Assistant Fleet Mechanic $ 24.73 $ 25.72 $ 26.75 $ 27.82 $ 28.93 $ 30.09 $ 31.29 $ 32.54 $ 33.84 Custodial Technician $ 15.98 $ 16.62 $ 17.28 $ 17.98 $ 18.69 $ 19.44 $ 20.22 $ 21.03 $ 21.87 Customer Service Assistant $ 20.81 $ 21.64 $ 22.51 $ 23.41 $ 24.34 $ 25.32 $ 26.33 $ 27.38 $ 28.48 Finance Technician $ 26.64 $ 27.71 $ 28.81 $ 29.97 $ 31.17 $ 32.41 $ 33.71 $ 35.06 $ 36.46 Management Analyst - Planning/Building $ 27.64 $ 28.75 $ 29.90 $ 31.09 $ 32.33 $ 33.63 $ 34.97 $ 36.37 $ 37.83 Planning/Building Permit Technician $ 26.34 $ 27.39 $ 28.49 $ 29.63 $ 30.81 $ 32.05 $ 33.33 $ 34.66 $ 36.05 Police Services Technician $ 23.53 $ 24.47 $ 25.45 $ 26.47 $ 27.53 $ 28.63 $ 29.77 $ 30.96 $ 32.20 Public Works Maintenance Worker I $ 24.73 $ 25.72 $ 26.75 $ 27.82 $ 28.93 $ 30.09 $ 31.29 $ 32.54 $ 33.84 Public Works Maintenance Worker II $ 26.01 $ 27.05 $ 28.13 $ 29.26 $ 30.43 $ 31.65 $ 32.91 $ 34.23 $ 35.60 Public Works Parks Maintenance Worker $ 24.73 $ 25.72 $ 26.75 $ 27.82 $ 28.93 $ 30.09 $ 31.29 $ 32.54 $ 33.84 Public Works Water Technician $ 24.73 $ 25.72 $ 26.75 $ 27.82 $ 28.93 $ 30.09 $ 31.29 $ 32.54 $ 33.84 Public Works Water Technician II $ 28.09 $ 29.21 $ 30.38 $ 31.60 $ 32.86 $ 34.18 $ 35.54 $ 36.96 $ 38.44 Recreation Activities Leader $ 18.66 $ 19.41 $ 20.18 $ 20.99 $ 21.83 $ 22.70 $ 23.61 $ 24.56 $ 25.54 Recreation Office Clerk $ 20.81 $ 21.64 $ 22.51 $ 23.41 $ 24.34 $ 25.32 $ 26.33 $ 27.38 $ 28.48 Utilities System Operator $ 29.42 $ 30.59 $ 31.82 $ 33.09 $ 34.41 $ 35.79 $ 37.22 $ 38.71 $ 40.26 Utilities System Shift Operator $ 30.29 $ 31.50 $ 32.76 $ 34.07 $ 35.43 $ 36.85 $ 38.32 $ 39.86 $ 41.45 Utilities System Shift Operator Trainee $ 23.65 $ 24.60 $ 25.58 $ 26.61 $ 27.67 $ 28.78 $ 29.93 $ 31.12 $ 32.37 Utility Billing Technician $ 30.83 $ 32.06 $ 33.35 $ 34.68 $ 36.07 $ 37.51 $ 39.01 $ 40.57 $ 42.19 Effective 07/01/2022
City Council Adopted
FY 22-23 Cola of 4%

SEIU EMPLOYEES
Effective 07/01/2023
Position Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Assistant Fleet Mechanic $ 25.72 $ 26.75 $ 27.82 $ 28.93 $ 30.09 $ 31.29 $ 32.54 $ 33.85 $ 35.20 Custodial Technician $ 16.62 $ 17.28 $ 17.98 $ 18.70 $ 19.44 $ 20.22 $ 21.03 $ 21.87 $ 22.75 Customer Service Assistant $ 21.64 $ 22.51 $ 23.41 $ 24.34 $ 25.32 $ 26.33 $ 27.38 $ 28.48 $ 29.62 Finance Technician $ 27.71 $ 28.82 $ 29.97 $ 31.17 $ 32.42 $ 33.71 $ 35.06 $ 36.46 $ 37.92 Management Analyst - Planning/Building $ 28.75 $ 29.90 $ 31.10 $ 32.34 $ 33.63 $ 34.98 $ 36.38 $ 37.83 $ 39.35 Planning/Building Permit Technician $ 27.39 $ 28.49 $ 29.63 $ 30.81 $ 32.04 $ 33.32 $ 34.66 $ 36.04 $ 37.49 Police Services Technician $ 24.47 $ 25.45 $ 26.47 $ 27.53 $ 28.63 $ 29.77 $ 30.96 $ 32.20 $ 33.49 Public Works Maintenance Worker I $ 25.72 $ 26.75 $ 27.82 $ 28.93 $ 30.09 $ 31.29 $ 32.54 $ 33.85 $ 35.20 Public Works Maintenance Worker II $ 27.05 $ 28.13 $ 29.26 $ 30.43 $ 31.64 $ 32.91 $ 34.23 $ 35.60 $ 37.02 Public Works Parks Maintenance Worker $ 25.72 $ 26.75 $ 27.82 $ 28.93 $ 30.09 $ 31.29 $ 32.54 $ 33.85 $ 35.20 Public Works Water Technician $ 25.72 $ 26.75 $ 27.82 $ 28.93 $ 30.09 $ 31.29 $ 32.54 $ 33.85 $ 35.20 Public Works Water Technician II $ 29.21 $ 30.38 $ 31.59 $ 32.86 $ 34.17 $ 35.54 $ 36.96 $ 38.44 $ 39.98 Recreation Activities Leader $ 19.41 $ 20.19 $ 20.99 $ 21.83 $ 22.71 $ 23.62 $ 24.56 $ 25.54 $ 26.56 Recreation Office Clerk $ 21.64 $ 22.51 $ 23.41 $ 24.34 $ 25.32 $ 26.33 $ 27.38 $ 28.48 $ 29.62 Utilities System Operator $ 30.59 $ 31.81 $ 33.09 $ 34.41 $ 35.79 $ 37.22 $ 38.71 $ 40.25 $ 41.86 Utilities System Shift Operator $ 31.50 $ 32.76 $ 34.07 $ 35.43 $ 36.85 $ 38.32 $ 39.86 $ 41.45 $ 43.11 Utilities System Shift Operator Trainee $ 24.60 $ 25.58 $ 26.61 $ 27.67 $ 28.78 $ 29.93 $ 31.13 $ 32.37 $ 33.67 Utility Billing Technician $ 32.06 $ 33.34 $ 34.68 $ 36.06 $ 37.51 $ 39.01 $ 40.57 $ 42.19 $ 43.88 Effective 07/01/2023
City Council Adopted
FY 23-24 Cola of 4%
406
47 SEIU MOU 07.01.2025-6.30.2026
Utilities Salary Adjustment FY 22.23

SEIU EMPLOYEES - UTILITY SYSTEM OPERATORS
16% INCREASE
Effective 07/01/2022
Position Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Utilities System Operator $ 29.42 $ 30.59 $ 31.82 $ 33.09 $ 34.41 $ 35.79 $ 37.22 $ 38.71 $ 40.26 Utilities System Shift Operator $ 30.29 $ 31.50 $ 32.76 $ 34.07 $ 35.43 $ 36.85 $ 38.32 $ 39.86 $ 41.45 Utilities System Shift Operator Trainee $ 23.65 $ 24.60 $ 25.58 $ 26.61 $ 27.67 $ 28.78 $ 29.93 $ 31.12 $ 32.37 Effective 07/01/2022
City Council Adopted

SEIU EMPLOYEES
Effective 07/01/2024
Position Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Assistant Fleet Mechanic $ 26.75 $ 27.82 $ 28.93 $ 30.09 $ 31.29 $ 32.55 $ 33.85 $ 35.20 $ 36.61 Custodial Technician $ 17.28 $ 17.97 $ 18.69 $ 19.44 $ 20.22 $ 21.02 $ 21.86 $ 22.74 $ 23.65 Customer Service Assistant $ 22.51 $ 23.41 $ 24.35 $ 25.32 $ 26.33 $ 27.39 $ 28.48 $ 29.62 $ 30.81 Finance Technician $ 28.82 $ 29.97 $ 31.17 $ 32.42 $ 33.72 $ 35.06 $ 36.47 $ 37.93 $ 39.44 Management Analyst - Planning/Building $ 29.90 $ 31.10 $ 32.34 $ 33.63 $ 34.98 $ 36.38 $ 37.83 $ 39.35 $ 40.92 Planning/Building Permit Technician $ 28.49 $ 29.63 $ 30.81 $ 32.05 $ 33.33 $ 34.66 $ 36.05 $ 37.49 $ 38.99 Police Services Technician $ 25.45 $ 26.47 $ 27.53 $ 28.63 $ 29.77 $ 30.96 $ 32.20 $ 33.49 $ 34.83 Public Works Maintenance Worker I $ 26.75 $ 27.82 $ 28.93 $ 30.09 $ 31.29 $ 32.55 $ 33.85 $ 35.20 $ 36.61 Public Works Maintenance Worker II $ 28.13 $ 29.26 $ 30.43 $ 31.64 $ 32.91 $ 34.22 $ 35.59 $ 37.02 $ 38.50 Public Works Parks Maintenance Worker $ 26.75 $ 27.82 $ 28.93 $ 30.09 $ 31.29 $ 32.55 $ 33.85 $ 35.20 $ 36.61 Public Works Water Technician $ 26.75 $ 27.82 $ 28.93 $ 30.09 $ 31.29 $ 32.55 $ 33.85 $ 35.20 $ 36.61 Public Works Water Technician II $ 30.38 $ 31.60 $ 32.86 $ 34.17 $ 35.54 $ 36.96 $ 38.44 $ 39.98 $ 41.58 Recreation Activities Leader $ 20.19 $ 21.00 $ 21.84 $ 22.71 $ 23.62 $ 24.56 $ 25.55 $ 26.57 $ 27.63 Recreation Office Clerk $ 22.51 $ 23.41 $ 24.35 $ 25.32 $ 26.33 $ 27.39 $ 28.48 $ 29.62 $ 30.81 Utilities System Operator $ 31.81 $ 33.08 $ 34.41 $ 35.78 $ 37.21 $ 38.70 $ 40.25 $ 41.86 $ 43.53 Utilities System Shift Operator $ 32.76 $ 34.07 $ 35.43 $ 36.85 $ 38.32 $ 39.86 $ 41.45 $ 43.11 $ 44.83 Utilities System Shift Operator Trainee $ 25.58 $ 26.60 $ 27.67 $ 28.77 $ 29.92 $ 31.12 $ 32.37 $ 33.66 $ 35.01 Utility Billing Technician $ 33.34 $ 34.67 $ 36.06 $ 37.50 $ 39.00 $ 40.56 $ 42.19 $ 43.87 $ 45.63 Effective 07/01/2024
City Council Adopted
FY 24 -25 Cola of 4%
407
48 SEIU MOU 07.01.2025-6.30.2026
Appendix B
Recognized Employee Classifications
Pursuant to Sections 3500-3510 of the Government Code and City Resolution #74-44, the City certifies the Union as the recognized employee organization for a unit consisting of the following classifications:
• Customer Service Assistant
• Finance Technician
• Assistant Fleet Mechanic
• Management Analyst
• Building/Planning Permit Technician
• Public Works Maintenance Worker I, II
• Utilities System Shift Operator
• Utilities System Operator (Water/Wastewater)
• Public Works Water Technician
• Public Works Parks Maintenance Worker
• Utility Billing Technician
• Recreation Activities Leader
• Recreation Office Clerk
• Custodial Technician
408
DATE: July 14, 2025
AGENDA DATE: July 22, 2025
TO: Mayor and City Council
PREPARED BY: Paul Wood, City Manager
TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GREENFIELD ESTABLISHING THE POSITIONS OF PARKS

AND RECREATION DIRECTOR AND COMMUNITY

ENGAGEMENT MANAGER
RECOMMENDATION #1
It is recommended that the City Council:

1. Approve the creation of a new Parks and Recreation Director position as a department head-level classification within the City’s organizational structure and its related salary schedule; and

2. Acknowledge and support the promotion of the current Recreation Manager, Jesus Perez, to the newly established position of Parks and Recreation Director, effective July 1, 2025.

BACKGROUND AND DISCUSSION
Over the past several years, the City of Greenfield has experienced significant growth in population and community demand for high-quality parks, open spaces, and recreational programming. The Recreation Division has expanded its offerings for youth, adults, and seniors, while also initiating capital improvement projects in our parks system and expanding seasonal and special events.

City Council Memorandum
599 El Camino Real Greenfield CA 93937 831-6745591
www.ci.greenfield.ca.us
409
As part of the City’s long-term strategic plan and FY 2025–2026 organizational review, staff identified the need for a dedicated leadership role to oversee not only recreation services but also long-range planning, capital improvement planning, inter-agency coordination, parks operations, and grant management.

The proposed Parks and Recreation Director position will formalize these responsibilities at a department head level and enable stronger leadership, fiscal oversight, and alignment with City Council priorities related to community health, livability, and open space management.

ESTABLISHMENT OF POSITION
The Parks and Recreation Director will report directly to the City Manager and assume full administrative responsibility for the operations, planning, staffing, budgeting, and policy implementation of the City’s Parks and Recreation Department.

This position will provide:
• Oversight of all recreation programs, staff, and contractors • Direction and management of park operations and improvement projects • Coordination with schools, community organizations, and funding agencies • Development and implementation of a Parks and Recreation Master Plan • Leadership in grant acquisition and capital project delivery The classification has been reviewed and aligned with similar roles in comparable jurisdictions and has been included in the FY 2025–2026 budget with no additional appropriation required.

ESTABLISHMENT OF SALARY RANGE
The salary schedule is as follows (hourly rates):

Job Title Department Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Parks & Recreation
Director
Parks and
Recreation $61.31 $64.38 $67.59 $70.97 $74.52 $78.25
410

PROMOTION ANNOUNCEMENT
Following internal review and consideration of proven leadership, performance, and qualifications, the City is pleased to announce the promotion of Jesus Perez, current Recreation Manager, to the position of Director of Parks and Recreation.

Since joining the City as Recreation Manager in 2018, Jesus has successfully expanded programming, secured external funding, and built strong community relationships. Key accomplishments include:
• Leading the design and implementation of new youth and senior programming • Coordinating successful citywide events and recreational partnerships • Securing grant awards for park improvements and staffing support, playing a critical role in the securing of $8.5M CA Parks grant for the new Recreation Center • Recently completed application for additional $6M parks grant for the new Recreation Center
• Has been the person responsible for the development of virtually all recreation programs for the last 7 years
• Increasing program participation and public satisfaction metrics year over year • Attended parks management educational courses to facilitate his directing the parks program
• Worked with outside consultants in developing an overall parks strategic plan including metrics for maintenance, play structure enhancement and replacement, safety enhancements, ADA compliance, etc.

Jesus has demonstrated leadership and deep understanding of the community, making him the ideal candidate to lead the newly formed department.

FISCAL IMPACT
The Parks and Recreation Director position has been incorporated into the approved FY 2025– 2026 budget and will be funded through the General Fund and existing grant allocations. No additional budget amendment is required.

CONCLUSION
The creation of the Parks and Recreation Director position reflects the City’s commitment to investing in quality of life, community wellness, and strategic management of public amenities.

The promotion of Jesus Perez to this new role will provide continuity, leadership, and innovation as the City of Greenfield continues to grow and evolve. 411
RECOMMENDATION #2
It is recommended that the City Council:

1. Approve the creation of a new Community Engagement Manager position as a department head-level classification within the City’s organizational structure and its related salary schedule; and

2. Acknowledge and support the promotion of the current Community Engagement Coordinator, Fabiola Lopez, to the newly established position of Community Engagement Manager, effective July 1, 2025.

BACKGROUND AND DISCUSSION
As the City of Greenfield continues to prioritize inclusive public engagement and holistic community support, the need for a dedicated leadership position within the Community Engagement Department has become evident. The City’s current Community Engagement Coordinator has effectively developed and expanded outreach strategies and community programs that go far beyond traditional communication roles.

In response to the evolving scope and critical role of the department, staff recommends establishing a Community Engagement Manager position to reflect the comprehensive nature of this leadership role, which now includes program oversight, community partnerships, interdepartmental collaboration, and strategic planning.

ESTABLISHMENT OF POSITION
The Community Engagement Manager will report directly to the City Manager and assume full administrative responsibility for the operations, planning, staffing, budgeting, and policy implementation of the City’s Community Engagement Department.

This position will provide:
• Strategic leadership for department staff in planning and delivering programs that serve youth, young adults, and seniors.
• Oversight and expansion of partnerships with schools, nonprofit organizations, and local service providers to strengthen community ties.
• Directions for the development and facilitation of educational workshops, civic engagement initiatives, and leadership training opportunities. • Coordination of grant identification, writing, and management to enhance the department’s ability to support community needs.
• Support for residents in accessing programs and resources that promote family stability, well-being, and long-term resilience.
412
• Guidance on inclusive communication strategies that ensure all community members feel informed, engaged, and heard.

The classification has been reviewed and aligned with similar roles in comparable jurisdictions and has been included in the FY 2025–2026 budget with no additional appropriation required.

ESTABLISHMENT OF SALARY RANGE
Please see attached schedule for salary range.

Job Title Department Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Comm Engagement Mgr Comm Engagement $43.42 $45.15 $46.96 $48.84 $50.80 $52.83

PROMOTION ANNOUNCEMENT
In alignment with the establishment of the Community Engagement Manager position, staff is pleased to announce the promotion of Fabiola Lopez, who currently serves as the Community Engagement Coordinator. Effective July 1st, 20225, Fabila Lopez will assume the role of Community Engagement Manager within the City of Greenfield.

Fabiola Lopez has consistently demonstrated strong leadership, innovation, and a deep commitment to community-focused service. Under her direction, the Community Engagement Department has expanded its program offerings, strengthened partnerships with local organizations, increased youth and senior engagement, and secured key grant funding to support citywide initiatives.

Key accomplishments include:
• Implementing the foundational structure for the expanding Community Engagement Department, significantly increasing outreach efforts. • Establishing an active and growing Youth Council, fostering civic engagement and leadership development among local youth.
• Developing a successful internship program that supports local youth with employment training. 48+ young adults served so far.
• Building active partnerships to bring senior programs to Greenfield that support mental, emotional, and physical well-being for senior residents. • Securing over $3.5M in grant funding, enabling the expansion of programs and services to better address community needs like the Deposit Assistance Programs, 413
Emergency Shelter Program, and supporting the acquisition of funds for the Citywide Backup Generators.

This promotion acknowledges the significant contributions Fabiola Lopez has made to the City of Greenfield and affirms her continued leadership in advancing inclusive, high-impact engagement strategies that benefit all residents. The City looks forward to supporting Fabiola Lopez in this expanded role and the continued growth of the department under their management.

FISCAL IMPACT
The Community Engagement Manager position has been incorporated into the approved FY 2025–2026 budget and will be funded through the General Fund and existing grant allocations.

No additional budget amendment is required.

CONCLUSION
Establishing the Community Engagement Manager position reflects the City of Greenfield’s continued investment in public trust, civic participation, and community well-being. Promoting Fabiola Lopez to this newly defined role ensures consistent leadership and reinforces our commitment to delivering meaningful, responsive programs that help all residents thrive. 414
RESOLUTION NO. 2025-74

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD ESTABLISHING THE

POSITIONS OF PARKS AND RECREATION DIRECTOR AND COMMUNITY ENGAGEMENT

MANAGER
WHEREAS, over the past several years, the City of Greenfield has experienced significant growth in population and community demand for high-quality parks, open spaces, and recreational programming; and WHEREAS, as part of the City’s long-term strategic plan and Fiscal Year 2025–2026 organizational review, staff identified the need for a dedicated leadership role to oversee not only recreation services but also long-range planning, capital improvement planning, inter-agency coordination, parks operations, and grant management and the Parks and Recreation Director position will formalize these responsibilities.

WHEREAS, as the City of Greenfield continues to prioritize inclusive public engagement and holistic community support, the need for a dedicated leadership position within the Community Engagement Department has become evident; and
WHEREAS, establishing a Community Engagement Manager position to reflect the comprehensive nature of this leadership role, which now includes program oversight, community partnerships, interdepartmental collaboration, and strategic planning will formalize these responsibilities.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Greenfield that the City Council approves the establishment of the Parks and Recreation Director and Community Engagement Manager and amends the salary schedule as follows:

Parks and Recreation Director - Hourly
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
$61.31 $64.38 $67.59 $70.97 $74.52 $78.25
Community Engagement Manager - Hourly
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
$43.42 $45.15 $46.96 $48.84 $50.80 $52.83
PASSED AND ADOPTED by the City Council of the City of Greenfield, at a regularly scheduled meeting of the City Council held on the 22nd day of July, 2025, by the following vote:

AYES, and all in favor, therefore, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

Robert White, Mayor
Attest:

Ann F. Rathbun, City Clerk
415
MEMORANDUM: July 17, 2025
AGENDA DATE: July 22, 2025
TO: Mayor and City Council
FROM: Jamie Tugel, Public Works Director
TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD

TO APPROVE TWO NEW FULL TIME EMPLOYMENT POSITIONS FOR

THE WASTEWATER DIVISION AND A SUPPLEMENTAL
APPROPRIATION TO FY 25/26 BUDGET TO FUND THE POSITIONS, AS FOLLOWS:

1. UTILITY SYSTEM OPERATOR – FTE

2. MAINTENANCE WORKER I (WWTP) – FTE

3. SUPPLEMENTAL APPROPRIATION OF $152,000.00
BACKGROUND:

The Public Works Department, Wastewater Division, is in dire need of two full time employees (FTEs) to be added to the Wastewater Division, a 7 day a week operation from 6:00am – 6:00pm.

There is currently four full-time staff working these hours and rotating weekends. The current Wastewater Division staff is overworked and fatigued due to the long days and weekends.

The Wastewater Division currently has 5 FTE positions:
2 Utility System Shift Operator’s; 1 of which is vacant, currently accepting applications 2 Utility System Operator
1 Maintenance Worker
This request is to add 2 FTE positions immediately to assist in keeping the WWTP functioning to the City’s best abilities possible in preparation for the New MBR Treatment Plant when constructed. These positions are crucial as the Wastewater Division is currently being supplemented by the Water Division staff and Parks/Streets staff daily, which in turn provides for a deficit of staffing in those divisions.

If approved, the two new FTE position recruitments would take place immediately and have a short application window to expedite the hiring process, given applicants meet the minimum qualifications of the job description.

City Council Memorandum
599 El Camino Real Greenfield CA 93927 (831) 674-5591
www.ci.greenfield.ca.us
416
BUDGET AND FINANCIAL IMPACT:

If approved, the $9,000 supplemental appropriation would accommodate wages, uniforms, safety gear, and benefits for the remainder of the fiscal year. This amount would be from the Sewer Enterprise Fund.

RECOMMENDATION:

Staff recommends the City Council adopt the proposed Resolution to approve two new full time employment positions for the Wastewater Division and make a supplemental appropriation of $152,000.00 to the 2025/2026 fiscal year budget to fund said positions.

POTENTIAL MOTION:

I MOVE TO ADOPT A RESOLUTION #2025-75, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF GREENFIELD TO APPROVE TWO NEW FULL TIME EMPLOYMENT POSITIONS FOR THE WASTEWATER DIVISION AND A SUPPLEMENTAL APPROPRIATION TO FY 25/26 BUDGET TO FUND THE POSITIONS, AS FOLLOWS:

1. UTILITY SYSTEM OPERATOR – 1 FTE

2. MAINTENANCE WORKER I (WWTP) – 1 FTE

3. SUPPLEMENTAL APPROPRIATION OF $152,000.00
417
RESOLUTION #2025-75

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD TO APPROVE

TWO NEW FULL TIME EMPLOYMENT POSITIONS FOR THE WASTEWATER DIVISION AND A SUPPLEMENTAL APPROPRIATION TO FISCAL YEAR 2025/2026 BUDGET TO FUND THE POSITIONS, AS FOLLOWS: UTILITY SYSTEM OPERATOR – 1 FTE; MAINTENANCE WORKER I (WWTP) – 1 FTE AND SUPPLEMENTAL APPROPRIATION OF $152,000.00 FROM THE WASTEWATER ENTERPRISE FUND
WHEREAS, the Public Works Department, Wastewater Division, is in dire need of two new FTE positions to be added to the Wastewater Division; and WHEREAS, the Wastewater Division currently has 5 full time positions, including 1 vacancy currently in recruitment; and
WHEREAS, this request is to add 2 full-time positions immediately to assist in keeping the WWTP functioning to the City’s best abilities possible in preparation for the New MBR Treatment Plant when constructed; and
WHEREAS, currently there are 5 full-time positions for the wastewater division, all working long hours and up to 7 days a week; and
WHEREAS, City Staff recommend the City Council approve the two new full-time positions and supplementally appropriate $152,000.00 for FY 25/26, as indicated in the staff report; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Greenfield that:

1. The requested 2 full time positions of Utility System Operator and Maintenance Worker I (WWTP) are approved and that $152,000.00 be supplementally appropriated from the Sewer Enterprise Fund for wages, uniforms, safety gear, and benefits for the remainder of Fiscal Year 2025/2026.

PASSED AND ADOPTED by the City Council of the City of Greenfield, at a regularly scheduled meeting of the City Council held on the 22nd day of July, 2025, by the following vote:

AYES, and all in favor, therefore, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:
`
Robert White, Mayor
Attest:

Ann F. Rathbun, City Clerk
418