Agenda packet — Livingston City Council, January 20, 2026 (part 1 of 2)

CITY COUNCIL SPECIAL AND REGULAR

MEETING AGENDA
JANUARY 20, 2026
SPECIAL MEETING: 6:00 P.M. – 7:00 P.M
REGULAR MEETING: 7:00 P.M.

WE ENCOURAGE ALL MEMBERS OF THE PUBLIC TO PARTICIPATE IN THE MEETING VIA TELECONFERENCE BY CALLING (520) 525-8911. ANY MEMBER OF THE PUBLIC

PARTICIPATING VIA TELECONFERENCE WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.

ADDITIONALLY, THE REGULAR MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg Notice is hereby given that the City Council will hold a Special and Regular Meeting on January 20, 2026, at the City Council Chambers, 663 Main Street, Livingston, California. Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection by email if requested. Public comments can be submitted via emailed at [email protected]. Comments must be received by 2:00 p.m. on the day of the City Council meeting in order for them to be distributed to the Council prior to consideration of the matter. You will need to provide: Meeting date, item number, name, email and comment (please limit to 300 words or 3 minutes). Please include: PUBLIC COMMENT in the subject for the email. Written comments will not be read aloud at the meeting, but will be reported as received for the record. If you do not receive an acknowledgement of receipt by 4:00 p.m., please call the City Clerk’s Office at (209) 394-8041, Ext. 121 (Note: This technology is not a guaranteed method).

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SPECIAL MEETING

1. Call to Order

2. Roll Call

3. Pledge of Allegiance.

4. Moment of Silence – First Responders and Military Members.

5. Citizen Comments

CLOSED SESSION
A “Closed” or “Executive” Session of the City Council or the Successor Agency to the Redevelopment Agency of the City of Livingston may be held in accordance with state law which may include, but is not limited to, the following types of items:
personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 663 Main Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session.

Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 633 Main Street, Livingston, California.

6. Conference with Labor Negotiator (Government Code Section 54957.6) Labor Negotiator: Jose Antonio Ramirez, City Manager
Employee Organizations:

OE3- Clerical Bargaining Unit
OE3 - Police Supervisory Employees Association
OE3 - Management/Confidential Bargaining Unit
OE3 - Livingston Police Officer Association
AFSCME- Public Works and Parks Unit

7. Conference With Legal Counsel – Anticipated Litigation - Initiation Of Litigation Pursuant to Government Code § 54956.9(D)(4) (2 Matters).

8. Conference with Legal Counsel – Significant Exposure to Litigation pursuant to Government Code Section 54956.9, subdivisions (d)(2) and (e)(3): One (1) Matter (FR102723-0002 - Manuel Ramos Rivera).

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REGULAR MEETING

CALL TO ORDER
Pledge of Allegiance.

Moment of Silence – First Responders and Military Members.

Roll Call.

Closed Session Announcement
Changes to the Agenda.

CITIZEN COMMENTS
This section of the agenda allows members of the public to address the City Council on any item NOT on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening.

COUNTY SUPERVISOR’S ANNOUNCEMENTS AND REPORTS
Supervisor Jim Pacheco Announcements and Reports.

ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.

City Manager Announcements and Reports.

CONFLICT OF INTEREST DECLARATION
Members of the City Council will declare an actual or apparent conflict of interest before discussions or decisions about any matters in which they or anyone with whom they have a close personal relationship could directly or indirectly benefit or where such a benefit could be perceived.

CONSENT AGENDA
Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by a member of the public, the City Manager or City Council Member.

There will be no separate discussion of these items unless members of the public, City Council or City Manager request that specific items be removed. Public comment on consent agenda items shall be limited to three (3) minutes per-person regardless of the number of items contained within the consent agenda

1. Ratify Warrants Register Dated January 13, 2026.

2. Resolution Ratifying The Memorandum Of Understanding Between The City Of Livingston And the Management And Confidential Employees’ Association For The Period of July 1, 2025, Through June

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30, 2028, And Adopting A Revised Comprehensive Pay Schedule.

3. Resolution Approving the New Resident Fire Fighter, Fire Engineer, Fire Lieutenant, And Fire Captain Job Descriptions and The Comprehensive Pay Schedule.

4. Resolution Calling For A Municipal Election To Be Consolidated With The Statewide General Election On November 3, 2026, Seeking Voter Approval To Convert The Office Of City Clerk To An Appointed Office, Setting Dates For The Submission Of Arguments In Favor Of Or Against The Ballot Measure, And Requesting The Assistance Of The County Of Merced In Connection With That Election.

5. Resolution Calling For A Municipal Election To Be Consolidated With The Statewide General Election On November 3, 2026, Seeking Voter Approval To Convert The Office Of City Treasurer To An Appointed Office, Setting Dates For The Submission Of Arguments In Favor Of Or Against The Ballot Measure, And Requesting The Assistance Of The County Of Merced In Connection With That Election.

6. Resolution Authorizing Implementation of Health Reimbursement Account (HRA) Program.

DISCUSSION AND POTENTIAL ACTION ITEMS

7. Resolution (1) Approving The Revised Measure V Regional Project Application Changes, (2) Authorizing The City To Apply 10% Leveraging Funds To The North Main Street Rehabilitation And Main & Davis St Traffic Signal Reconfiguration Funding Applications, And (3) Authorizing Staff To Submit The Revised Applications To MCAG For Programming.

8. Resolution to Provide Direction for the Type of 4th of July Festival the City Council Wants Held in July 2026.

9. Annual Discussion on Council Appointments to Boards, Commissions, and Committees and Give Direction on Whether Council Wants to Keep Current Appointments.

ANNOUNCEMENTS AND REPORTS
City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

Robert Wallis
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board –Robert Wallis, Representative and Japjeet Uppal, Alternative.
• City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.
• Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.

Jason Roth
• Merced County Local Agency Formation Commission (LAFCO) Jason Roth, Representative. • Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.

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Japjeet Uppal
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Robert Wallis, Representative and Japjeet Uppal, Alternative. • City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.
• Merced Integrated Regional Water Management Plan (MIRWMA) – Japjeet Uppal, Representative and Robert Wallis, Alternate Representative. • Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.

Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.

Jose Moran
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS

ADJOURNMENT

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AGENDA ITEM: Warrant Register January 13, 2026

MEETING DATE: January 20, 2026

PREPARED BY: Laurie Carvalho, Accountant I
REVIEWED BY: Happy Bains, Finance Director
RECOMMENDATION:

Ratify the warrant register dated January 13, 2026.

DISCUSSION:

Government Code sections 37208(b) and 37209 provide that accounts payable warrants or checks drawn in payment of demands certified or approved by the finance director as conforming to a budget approved by ordinance or resolution of the legislative body need not be audited by the legislative body prior to payment.

In addition, Government Code section 37208(a) provides that payroll warrants or checks need not be audited by the legislative body prior to payment. Payrolls shall be presented to the legislative body for ratification and approval at the first meeting after delivery of the payroll warrants or checks. The sum of any payroll checks issued within the week prior to the date of the check register is also noted on the accompanying check register.

The following checks have been certified to be in accordance with the City’s approved budget.

The checks have been issued, and the check register is presented to the City Council for ratification:

December 13, 2025- January 13,2025

GENERAL WARRANTS……………………. $ 2,005,525.14 14889-15042
PAYROLL/WIRE WARRANTS……….……. $ 494,808.88 3948-3973
ACH WARRANTS…………………………… $ 0.00
TOTAL WARRANTS………………………… $ 1,363,706.74

ATTACHMENTS:

Warrant Register (detailed by date and check number)

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Accounts Payable
User:

Printed:
[email protected]
1/13/2026 5:11 PM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
14889 251 ABS Direct, Inc. 12/18/2025 2,167.23
14890 1307 Amazon Capital Services 12/18/2025 1,679.19
14891 529 American Legal Publishing 12/18/2025 500.00
14892 162 Steve Bassi 12/18/2025 25.00
14893 193 BSK Associates 12/18/2025 2,057.73
14894 1787 Burke,Williams & Sorensen, LLP 12/18/2025 840.74 14895 192 Cal Traffic 12/18/2025 222.10
14896 1693 California Consulting, Inc 12/18/2025 4,750.00 14897 909 Canon Financial Services, Inc. 12/18/2025 31.05 14898 272 Charter Communications Holdings, LLC 12/18/2025 135.00 14899 508 City of Livingston (Petty Cash) 12/18/2025 870.42 14900 1239 Clark Pest Control of Stockton, Inc. 12/18/2025 54.00 14901 283 CoreLogic Solutions, LLC 12/18/2025 200.00
14902 1308 CSG Consultants, Inc. 12/18/2025 18,636.00
14903 787 Custom Weed Control Inc. 12/18/2025 400.00
14904 1734 Dana Safety Supply, Inc 12/18/2025 18,238.40 14905 163 EZ Auto Supply 12/18/2025 595.55
14906 1479 Ferguson Waterworks #2777 12/18/2025 4,974.11 14907 1410 FFP Fund VII TEI Partnership 1, LLC 12/18/2025 4,329.28 14908 1151 Jose Flores 12/18/2025 25.00
14909 322 Fresno City College 12/18/2025 84.00
14910 1314 Fresno Police Department Regional Training Center 12/18/2025 115.00 14911 188 Frontier 12/18/2025 413.15
14912 1758 Garda CL West, Inc. Lockbox #233209 12/18/2025 376.70 14913 262 Gilton Solid Waste 12/18/2025 193,730.11
14914 356 Gouveia Engineering, Inc. 12/18/2025 23,851.98 14915 501 Hunt & Sons, LLC 12/18/2025 5,457.04
14916 388 Interstate Battery System of Fresno 12/18/2025 318.22 14917 165 J L Analytical Services, Inc. 12/18/2025 34.00 14918 1551 Mohinder Kanda 12/18/2025 25.00
14919 276 Livingston True Value Hardware, Inc. 12/18/2025 34.64 14920 1723 Jatinder Mann 12/18/2025 25.00
14921 615 McClatchy Company LLC 12/18/2025 861.08
14922 1671 Merced County Auditor/Controller's Office 12/18/2025 347.50 14923 389 Mid Valley IT 12/18/2025 11,864.24
14924 180 Mission Linen Service 12/18/2025 521.42
14925 194 Modesto Welding Products 12/18/2025 24.00
14926 302 Office Depot, Inc./ODP Business Solutions, LLC 12/18/2025 340.33 14927 203 PG&E 12/18/2025 7.63
14928 1735 BlueTriton Brands, Inc Primo Brands 12/18/2025 243.72 14929 364 Jose Antonio Ramirez 12/18/2025 573.48
14930 561 Safe-T-Lite of Modesto, Inc. 12/18/2025 743.95 14931 1330 James D Sanders 12/18/2025 950.00
14932 307 Shred-It, C/O Stericycle, Inc. 12/18/2025 65.52 14933 989 Jasneil Singh 12/18/2025 25.00
14934 671 Natalie Sobalvarro 12/18/2025 250.00
14935 309 St. Francis Electric 12/18/2025 400.00
AP Checks by Date - Summary by Check Date (1/13/2026 5:11 PM) Page 1 (irty o,f Uving1sto1n
1416 C Stroot
Livingston, CA 95334

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Check No Vendor No Vendor Name Check Date Check Amount
14936 271 State Water Resources Control Board 12/18/2025 116,299.38 14937 836 State Water Resources Control Board 12/18/2025 28,485.66 14938 1405 Taylor Backhoe Service, Inc. 12/18/2025 258,835.86 14939 284 Trans Union LLC 12/18/2025 262.56
14940 277 Valley Farm Supply Stores, Inc. 12/18/2025 6.50 14941 296 Visual Edge IT, Inc 12/18/2025 877.03
14942 818 Renee Waite-Mendonca 12/18/2025 25.00
14943 409 Willdan Financial Services 12/18/2025 9,925.00 14944 597 Work Wellness 12/18/2025 162.00
Total for 12/18/2025: 717,292.50
14945 1238 Alert-All Corp. 12/29/2025 1,192.99
14946 1307 Amazon Capital Services 12/29/2025 468.80
14947 472 Aqua-Metric Sales Company 12/29/2025 1,103.90 14948 282 AT&T Mobility 12/29/2025 2,400.06
14949 UB*02154 CHRISTOPHER BAUTISTA 12/29/2025 188.00
14950 546 Bogie's Pump Systems 12/29/2025 5,827.63
14951 1031 Bonander Truck 12/29/2025 92.04
14952 193 BSK Associates 12/29/2025 5,530.95
14953 682 Card Integrators Corporation 12/29/2025 1,798.23 14954 1765 Nino Dimas 12/29/2025 306.00
14955 387 Frontier Communications Corp Frontier Comm of Global Valley 12/29/2025 152.76 14956 1603 Melanie Garcia 12/29/2025 540.00
14957 262 Gilton Solid Waste 12/29/2025 6,159.50
14958 482 Hi-Tech EVS, Inc, 12/29/2025 576,280.00
14959 1033 Independent Investigations LLC 12/29/2025 1,234.30 14960 520 Interstate Truck Center 12/29/2025 477.65
14961 464 Johnson Controls Fire Protection LP 12/29/2025 98.96 14962 524 Merced Chevrolet 12/29/2025 314.44
14963 1676 Merced County Fire Department 12/29/2025 196,875.00 14964 269 Merced Pest Control 12/29/2025 85.00
14965 180 Mission Linen Service 12/29/2025 765.51
14966 2 Angelita Moran 12/29/2025 351.00
14967 197 N & S Tractor 12/29/2025 292.21
14968 199 Northstar Chemical 12/29/2025 1,438.34
14969 302 Office Depot, Inc./ODP Business Solutions, LLC 12/29/2025 932.66 14970 201 O'reilly Automotive, Inc. 12/29/2025 900.95
14971 305 Platt 12/29/2025 50.27
14972 1735 BlueTriton Brands, Inc Primo Brands 12/29/2025 316.91 14973 UB*02155 JASWINDER SANGHERA 12/29/2025 214.07
14974 875 Taylor ER Veterinary Emergency Hospital 12/29/2025 672.16 14975 1803 Toshiba Financial Services 12/29/2025 3,340.08 14976 313 U.S. Bank Equipment Finance 12/29/2025 453.17 14977 367 Verizon Wireless 12/29/2025 1,575.77
Total for 12/29/2025: 812,429.31
14978 251 ABS Direct, Inc. 12/30/2025 129.28
14979 434 AFSCME District Council 57 12/30/2025 889.35
14980 290 All-Phase Electric Supply Co. 12/30/2025 805.44 14981 1307 Amazon Capital Services 12/30/2025 877.46
14982 396 American Fidelity Assurance 12/30/2025 3,504.66 14983 397 American Fidelity Assurance Company 12/30/2025 1,225.78 14984 393 California State Disbursement Unit 12/30/2025 1,159.37 14985 418 Central Valley Concrete 12/30/2025 3,681.06
14986 1239 Clark Pest Control of Stockton, Inc. 12/30/2025 245.00 AP Checks by Date - Summary by Check Date (1/13/2026 5:11 PM) Page 2

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Check No Vendor No Vendor Name Check Date Check Amount
14987 260 First Communications, LLC 12/30/2025 12.72
14988 188 Frontier 12/30/2025 2,482.99
14989 795 Maria G. Guillen 12/30/2025 150.00
14990 359 Hinderliter, de Llamas & Associates 12/30/2025 2,168.06 14991 267 Hoffman Security 12/30/2025 197.95
14992 501 Hunt & Sons, LLC 12/30/2025 5,066.19
14993 612 Livingston Peace Officers Association 12/30/2025 1,608.50 14994 276 Livingston True Value Hardware, Inc. 12/30/2025 592.12 14995 1170 Martin Marietta Materials, Inc. 12/30/2025 658.00 14996 278 Merced Irrigation District 12/30/2025 82,596.07 14997 389 Mid Valley IT 12/30/2025 11,257.80
14998 180 Mission Linen Service 12/30/2025 94.37
14999 437 Operating Engineers Local 3 12/30/2025 424.00 15000 438 Operating Engineers Local Union No.3 12/30/2025 560.00 15001 203 PG&E 12/30/2025 61,149.57
15002 430 Quadient Finance USA, Inc. 12/30/2025 551.88
15003 739 Self- Help Enterprises 12/30/2025 221.73
15004 307 Shred-It, C/O Stericycle, Inc. 12/30/2025 298.13 15005 1805 Sound Contracting, Inc. 12/30/2025 350.00
15006 1284 State of California 12/30/2025 65.08
15007 1606 SVA Architects, Inc. 12/30/2025 120,000.00
15008 564 Texas Life Insurance 12/30/2025 277.86
15009 1803 Toshiba Financial Services 12/30/2025 1,632.54 15010 366 USABlueBook 12/30/2025 267.08
15011 409 Willdan Financial Services 12/30/2025 11,978.60 Total for 12/30/2025: 317,178.64
15012 747 All Star Elite Sports 01/13/2026 3,784.30
15013 1680 Alumichem USA. Inc. 01/13/2026 6,653.33
15014 193 BSK Associates 01/13/2026 2,999.11
15015 1693 California Consulting, Inc 01/13/2026 4,750.00 15016 909 Canon Financial Services, Inc. 01/13/2026 334.64 15017 272 Charter Communications Holdings, LLC 01/13/2026 233.48 15018 1315 Custom Threads, Inc. 01/13/2026 877.09
15019 547 Don's Mobile Glass 01/13/2026 560.00
15020 163 EZ Auto Supply 01/13/2026 17.12
15021 188 Frontier 01/13/2026 1,432.00
15022 266 Hilmar Lumber 01/13/2026 623.18
15023 267 Hoffman Security 01/13/2026 38.95
15024 501 Hunt & Sons, LLC 01/13/2026 3,646.25
15025 1033 Independent Investigations LLC 01/13/2026 2,441.30 15026 1726 International Tele-Path 01/13/2026 1,935.00
15027 686 JJC Security System Solutions 01/13/2026 5,601.25 15028 268 Language Line Services, Inc. 01/13/2026 266.96 15029 276 Livingston True Value Hardware, Inc. 01/13/2026 10.86 15030 524 Merced Chevrolet 01/13/2026 151.19
15031 1286 MISCOwater 01/13/2026 2,576.16
15032 1252 National Auto Fleet Group 01/13/2026 50,683.13 15033 199 Northstar Chemical 01/13/2026 8,690.18
15034 302 Office Depot, Inc./ODP Business Solutions, LLC 01/13/2026 694.13 15035 201 O'reilly Automotive, Inc. 01/13/2026 281.17
15036 203 PG&E 01/13/2026 51,724.81
15037 307 Shred-It, C/O Stericycle, Inc. 01/13/2026 653.76 15038 1777 Super Bright LEDs 01/13/2026 2,859.71
15039 875 Taylor ER Veterinary Emergency Hospital 01/13/2026 361.25 15040 314 Valley Coffee & Water 01/13/2026 74.95
AP Checks by Date - Summary by Check Date (1/13/2026 5:11 PM) Page 3

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Check No Vendor No Vendor Name Check Date Check Amount
15041 277 Valley Farm Supply Stores, Inc. 01/13/2026 729.21 15042 210 WGR Southwest, Inc. 01/13/2026 2,940.22
Total for 1/13/2026: 158,624.69
Report Total (154 checks): 2,005,525.14
AP Checks by Date - Summary by Check Date (1/13/2026 5:11 PM) Page 4

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To Accounts Payable
(Nancy Fuentes)
Date: 12/23/2025
~-------------------------
PP 12/07/2025 - 12/20/2025 Payroll Cycle
Check#: 3948 Thru 3962
Total $ (Gross) $ 294,339.25

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To Accounts Payable
(Nancy Fuentes)
Date: 1/6/2026
PP 12/21/2025 - 01/03/2026 Payroll Cycle
----------------------------
Check#: 3963 Thru 3973
Total $ (Gross) $ 200,469.63

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STAFF REPORT
AGENDA ITEM: Resolution Ratifying The Memorandum Of Understanding Between The City Of Livingston And The Management And Confidential Employees’ Association For The Period Of July 1, 2025, Through June 30, 2028, And Adopting A Revised Comprehensive Pay Schedule.

MEETING DATE: January 20, 2026
PREPARED BY: Arcelia Cruz, Human Resources Coordinator
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution ratifying the Memorandum of Understanding between the City of Livingston and the Management and Confidential Employees Association for the term of July 1, 2025, through June 30, 2028, and adopting a revised Comprehensive Pay Schedule.

BACKGROUND:

The current Memorandum of Understanding (MOU) between the City of Livingston (City) and the Management and Confidential Employees Association (Association) covering the period July 1, 2024, through June 30, 2025 (MCEA MOU 2024-2) expired on June 30, 2025. The City started its labor negotiation meetings on June 5, 2025. The City Manager has negotiated additional compensation in the direction of City Council, and the bargaining unit known as the Management and Confidential Employees Association has accepted and agreed to the proposed terms. The MOU is retroactive to July 1, 2025, and will be in effect through June 30, 2028.

DISCUSSION
Terms negotiated include the following:

1. Term of MOU Section 26
The City proposes a 3-year term. Update current Section 26 to July 1, 2025, through June 30, 2028.

2. Base Salary Increase MOU Section 6.7 Salary Plan
The City proposes to delete Section 6.1.

The City further proposes to update Section 6.7 to delete old MOU increases and insert the following new language:

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Effective retroactively to July 1, 2025, and a reasonable period after City Council approval of this successor MOU, the City shall provide a three percent (3%) base pay increase to the pay ranges for all Association represented classifications with individual members maintaining their respective steps within those adjusted pay ranges.

Effective July 1, 2026, the City shall provide a three percent (3%) base pay increase to the pay ranges for all Association represented classifications with individual members maintaining their respective steps within those adjusted pay ranges.

Effective July 1, 2027, the City shall provide a three percent (3%) base pay increase to the pay ranges for all Association represented classifications with individual members maintaining their respective steps within
those adjusted pay ranges.

3. Health and Welfare Plans MOU Section 17.1
The first sentence of the fourth paragraph in Section 17.1 is proposed to be updated to read as follows:

Bargaining unit members who opt out of participating in the group medical plans sponsored by the City, and who provide proof of their medical coverage in a group plan, will receive $600 per month, and allow payment in cash paid monthly or which part must be used in a deferred compensation plan of the employee’s choice.

4. Administrative Leave/Overtime/CTO MOU Section 12.2
The City proposes to update Section 12.2 to read as follows:

All employees represented in this bargaining group shall receive Administrative Leave days in lieu of compensatory time to reward them for their hours of service in excess of forty hours per week as follows:

POSITION
HOURS
(PER FISCAL YEAR)
Management & Confidential (Non- Department
Heads)
64 Department Heads & Executive
Assistant/Deputy City Clerk
110
The City proposes to update the table in Section 12.2 to change the words “Management & Confidential” to Management and Confidential-Non-Department Heads” and to delete the words “Executive Assistant/Deputy City Clerk.”

5. Career Service Pay MOU Section 15.5.1
The City proposes to update Section 15.5.1 increase the Career Service Pay as provided in Paragraph 15.5.1 as follows:

Upon reaching such career milestones with the City of Livingston members of the

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Management and Confidential Employees Unit will receive a one-time payment as listed below at the end of such completed year of service.
5 years $100.00
10 years $200.00
15 years $300.00
20 years $400.00
25 years $500.00
It will now be replaced with these amounts:
5 years $300.00
10 years $400.00
15 years $500.00
20 years $600.00
25 years $700.00

6. Employee Recognition MOU Section 1.1
The City proposes to revise Section 1.1 starting with the second paragraph, to read as follows:

The classification of the Confidential and Management employees shall include the following:

Management:

Accountant I
Accountant II
Public Works Superintendent
Recreation Superintendent
Water/Wastewater Manager
Confidential:

Assistant to the City Manager/Deputy City Clerk
Communications/Records Manager
Human Resources Coordinator
Police Support Operations Manager
Senior Accountant

7. Vacation Allowance MOU Section 15.2
The City proposes to revise the last paragraph of Section 15.2 to read as follows:

Employee will have the option to sell back unused vacation up to 80 hours twice in a fiscal year in December and/or June for a total of 160 hours.

8. Incentive Pay MOU Section 13
The City proposes to update Section 13 to read as follows:

Full-time Management and Confidential employees are urged to continue their in service formal education. The City Manager may authorize reimbursement of 50% of the cost of

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such education. Cost of such education shall only include tuition, books and supplies, not to exceed $500 expense to the City per year per employee Proposed language:

Full-time Management and Confidential employees are urged to continue their in service formal education. The City Manager may authorize reimbursement of $1,000.00 for the cost of such education to only include tuition, books and supplies per year per employee.

FISCAL IMPACT:

No Fiscal Impact.

ATTACHMENTS:

1. Resolution 2026-___, of the City Council of the City of Livingston approving a successor Memorandum of Understanding (MOU) between the City of Livingston and the Management and Confidential Employees Association

2. Management and Confidential Employees Association MOU – Redline

3. Revised Comprehensive Pay Schedule

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RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON RATIFYING THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LIVINGSTON AND THE MANAGEMENT AND CONFIDENTIAL EMPLOYEES’ ASSOCIATION FOR THE PERIOD OF JULY 1, 2025, THROUGH JUNE 30, 2028, AND ADOPTING A REVISED

COMPREHENSIVE PAY SCHEDULE
WHEREAS, the City of Livingston, through its City Manager, has negotiated new terms which will alter or change the existing Memorandum of Understanding (MOU), as it applies to the Management and Confidential Employees Association; and
WHEREAS, the City Council desires now to ratify those changes in the MOU as negotiated and approved by the parties; and
WHEREAS, the term of this MOU becomes effective July 1, 2025, and continue in effect until June 30, 2028, unless modified, changed, or otherwise altered by force or law or by mutual agreement between the parties of this agreement; and
WHEREAS, the MOU has been updated to reflect all the negotiated terms of the agreement (EXHIBIT A); and
WHEREAS, the Comprehensive Pay Schedule (Exhibit B) has been updated to reflect a three percent (3%) base pay increase to the pay ranges for all Association represented classifications with individual members maintaining their respective steps within those adjusted pay ranges

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston that I hereby:

1. Approve a Successor Memorandum of Understanding between the City of Livingston and the Management and Confidential Employees Association, in a form approved by the City Attorney, and consistent with the terms included in the agreement attached hereto as Exhibit A, for the period of July 1, 2025, through June 30, 2028.

2. Adopt a revised Comprehensive Pay Schedule as shown in Exhibit B attached hereto and incorporated by this reference.

3. The above recitals are true and correct.

4. Authorize the City Manager to execute the Successor Memorandum of Understanding.

5. This resolution is effective immediately upon adoption.

I hereby certify that the foregoing Resolution No. 2026-___ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 20th day of January 2026, by the vote recorded as follows:

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AYES:

NOES:

ABSENT:

ABSTAIN:

By: ______________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
____________________________________
Marc Barraza Tran, City Attorney

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CITY OF LIVINGSTON

MANAGEMENT AND CONFIDENTIAL EMPLOYEES

ASSOCIATION
JULY 1, 2025 – JUNE 30, 2028

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TABLE OF CONTENTS

SECTION TITLE PAGE
1 Recognition 6

1.1 Employee Recognition 6

1.2 Association Recognition 6

1.3 Dues Deduction 6
2 City Rights 7
3 Employee Responsibilities 7
4 Employee Rights/Official Representation 7

4.1 No Discrimination 7

4.2 Access to Personnel Files 7

4.3 Communication with Employees 7

4.4 Official Representation 8

4.5 Advance Notice 8

4.6 Employee Classification Inclusion/Exclusion 8
5 Conflict of Memorandum and Resolution 8
6 Salary Plan 8

6.1 Increases During Term of this M.O.U. 8

6.2 Salary Plan Administration 8

6.3 Salary Plan Administration, Advancement 9
Within Salary Range

6.4 Salary Plan Administration, Salary Step 9
After Promotion/Demotion

6.5 Temporary Upgrading 9

6.6 Salary Plan, Pay Periods 9

6.7 Increases During Term of this MOU 9

6.8 Salary Adjustment for the Following Positions 9
7 Probation Period 10
8 Seniority 10
9 Transfers and Promotions Lists 10

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9.1 Transfer 10

9.2 Promotion 10

9.3 Time Off for Examination 10
10 Evaluations and Job Descriptions 10

10.1 Evaluations 10

10.2 Job Descriptions 10
11 Layoffs and Outside Employment 10

11.1 Layoff 10

11.2 Order of Layoff 11

11.3 Notice of Layoff 11

11.4 Recall 11

11.5 Outside Employment 11

11.6 Resignation 11

11.7 Reinstatement 11
12 Hours of Work, Overtime, Premium Pay 12

12.1 Hours of Work 12

12.2 Administrative Leave/ Overtime/ C.T.O. 12

12.3 Breaks 12

12.4 Attendance 12

12.5 Mileage Allowance 12
13 Incentive Pay 13

13.1 Deferred Compensation 13

13.2 Computer Purchase Program 13

13.3 Bilingual Pay 13
14 Holidays 13

14.1 Holiday Pay 13

14.2 Recognized Holidays 14

14.3 Work Performed on a Holiday 14

14.4 Holidays During Vacation 14
15 Vacation 14

15.1 Vacation Leave 14

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15.2 Vacation Allowance 15

15.3 Pay Upon Termination 15

15.4 Accrual 15

15.5 Longevity Incentive 15

15.5.1 Career Service Pay 16

15.6 Seniority 16
16 Leave Provisions 16

16.1 Sick Leave 16

16.2 Industrial Disability Leave 17

16.3 Limited Duty 17

16.4 Funeral Leave 18

16.5 Leave of Absence 18

16.6 Maternity Leave 18

16.7 Military Leave 19

16.8 State Disability Insurance 19
17 Health and Welfare Plans 19

17.1 Medical-Dental-Life Insurance 19

17.2 Medical Examinations 20

17.3 Retirement – Classic Members 20

17.3.1 Retirement – Classic Members 21

17.3.2 Retirement – New Members 21

17.4 Post Retirement Benefits 22

17.5 False Arrest Insurance/Police Mgmt. 22

17.6 Long-Term Disability Insurance 22

17.7 American with Disabilities Act 22
18 Safety 23

18.1 Observance of Safety Rules and Regulations 23
Public Service Employees

18.2 Safety Program 23

18.3 Safety Equipment 24
19 Discipline and Discharge 24

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20 Grievance Procedure 24
21 Modification of Agreement 24
22 New Work 24
23 Past Practices and Existing M.O.U. 24
24 Resolution of Impasse 25
25 Separability of Provisions 25
26 Term of Memorandum 25

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SECTION 1. RECOGNITION

1.1 Employee Recognition
It is recognized that within the various departments of the City, there are employees that are classified as Confidential and Management employees. It is further recognized that due to the diversity of the job descriptions within the Confidential and Management classifications, the employees who are presently labeled as Confidential and Management, need further descriptive terminology, so that they shall be classified appropriately.

The classification of the Confidential and Management employees shall include the following:

Management: Accountant I
Accountant II
Public Works Superintendent
Recreation Superintendent
Water/Wastewater Manager
Confidential: Assistant to the City Manager/Deputy City Clerk
Communications / Records Manager
Human Resources Coordinator
Police Support Operations Manager
Senior Accountant

1.2 Association Recognition
It is understood that within the Management and Confidential classifications there are employees who have the intent of forming a recognized Employee Association pursuant to the City’s Personnel Rules and Regulations. It is further understood that said employees shall not be started until mutual agreement is established on the terms of this contract and both the City and the Management and Confidential Employees, or their representative, have signed this document.

1.3 Dues Deduction
The Association may have the regular dues of its members within the representation unit deducted from the employees’ paychecks under procedures prescribed by the City for such deductions. Dues deducted shall be made only upon signed authorization from the employee.

In the event that some form of Association security other than that provided above shall become permissive for public employees under competent enabling

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legislation, the parties shall then meet and confer with respect to the provisions of this subsection.

SECTION 2. CITY RIGHTS
It is understood and agreed that the City retains its powers and authority to direct, manage and control all affairs of the City to the full extent of the law.

It is agreed that this Memorandum of Understanding is not in force or effect until ratified and approved by resolution adopted by the City Council of the City of Livingston.

SECTION 3. EMPLOYEE RESPONSIBILITIES
The employer-employee relationship created mutual responsibilities. Reasonable rules and regulations are necessary to the proper functioning of any city. Observance of all rules, regulations and this Memorandum is essential.

SECTION 4. EMPLOYEE RIGHTS/OFFICIAL REPRESENTATION

4.1 No Discrimination
The City agrees not to discriminate against any employee because of membership in the Association. The Association agrees not to discriminate against any employee for non-membership in the Association. Association activities shall not interfere with the normal operation of the City. See Section 4.1 of Personnel Rules and Regulations.

4.2 Access to Personnel Files
An employee or an employee’s representative both upon written authorization from the employee shall have access to the employee’s personnel file. Nothing shall be placed in an employee’s personnel file until he/she has seen it.

4.3 Communication with Employees
The Association shall be provided suitable space on bulletin boards at each work location for posting notices concerning official Association business.

4.4 Official Representation
The Association shall be entitled to two representatives for the employees, who shall restrict their activities to the handling of grievances, and shall be allowed a reasonable amount of time for this purpose. The City Manager will be notified in writing of the names of the persons so designated.

4.5 Advance Notice

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The Association shall be given reasonable advance written notice of any ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to meet and confer with the City manager prior to adoption.

4.6 Employee Classification Inclusion/Exclusion
It is recognized that the employees that are within the Management and Confidential categories have different job classification and functions. It is further recognized that each employee in his/her classification must comply with his/her assigned department rules, regulations and needs and, therefore, all items regulatory as well as beneficiary, do nor and should not affect all employees the same. Because of the diversity, whenever there is a need to show separation of classification for proper and fair employee rights, the section in question shall show the classification inclusion or exclusion within the section.

SECTION 5. CONFLICT OF MEMORANDUM AND RESOLUTION
It is understood and agreed that there exists within the City, Personnel Rules and Regulations.

SECTION 6. SALARY PLAN

6.1 Increases During Term of this Memorandum of Understanding During the term of this agreement, both the City and the bargaining unit agree to a opener for COLA’s as follows: To use the Merced County CPI to determine any COLA’s. Future COLA’s will be subject to the meet and confer process annually only after the State of California has adopted its budget.

6.2 Salary Plan Administration
See Section 3 of Personnel Rules and Regulations.

6.3 Salary Plan Administration, Advancement Within Salary Range See Section 3 of Personnel Rules and Regulations.

6.4 Salary Plan Administration, Salary Step After Promotion/Demotion See Section 3 of Personnel Rules and Regulations.

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6.5 Temporary Upgrading
An employee assigned by the City Manager or his/her designee to perform the duties of a higher-paid classification shall receive an increase of five percent (5%) starting on the first day of such assignment. The rate paid shall not exceed the top step of the assigned classification and not be less than the first step of the classification.

6.6 Salary Plan, Pay Periods
See Section 3.3 of Personnel Rules and Regulations.

6.7 Increases During Term of this Memorandum of Understanding Effective retroactively to July 1, 2025 and a reasonable period after City Council approval of this successor MOU, the City shall provide a three percent (3%) base pay increase to the pay ranges for all Association represented classifications with individual members maintaining their respective steps within those adjusted pay ranges.

SECTION 7. PROBATION PERIOD
See Section 5.5 of Personnel Rules and Regulations.

SECTION 8. SENIORITY
See Section 6.3 of Personnel Rules and Regulations.

SECTION 9. TRANSFER AND PROMOTION LISTS

9.1 Transfer
See Section 3.10 of Personnel Rules and Regulations.

9.2 Promotion

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See Sections 5.3 and 5.4 of Personnel Rules and Regulations.

9.3 Time Off for Examination
Promotional examinations scheduled by the City during an employee’s regular working hours may be taken without any loss in compensation.

SECTION 10. EVALUATION AND JOB DESCRIPTIONS

10.1 Evaluations
See Section 8.1 of Personnel Rules and Regulations.

10.2 Job Descriptions
The City will meet and confer with the Unit in order to develop job descriptions to the classifications in this Unit if there are significant changes.

SECTION 11. LAYOFFS AND OUTSIDE EMPLOYMENT

11.1 Layoff
When it becomes necessary to reduce the City’s work force, employees shall be “laid off” on the basis of their seniority within the classification. See Section 6.1 of Personnel Rules and Regulations.

11.2 Order of Layoff
See Section 6.1 of Personnel Rules and Regulations.

11.3 Notice of Layoff
Before an employee is laid off, the employee and the Association shall be notified in writing of such contemplated layoff at least thirty (30) working days prior to the effective date of the layoff.

11.4 Recall
See Section 6.2 of Personnel Rules and Regulations.

11.5 Outside Employment
See Section 14.1 of Personnel Rules and Regulations.

Off-duty employment will be approved subject to:

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A. An absence of interference with the full and efficient performance of duty at all times.

B. The absence of a demonstrative conflict of interest between outside employment and City employment.

C. Outside employment must be covered under State Workers’ Compensation Insurance or a comparable insurance policy covering industrial accidents and injuries, said coverage to be approved by the City Manager.

D. Outside employment will not create any liability against the City of Livingston.

11.6 Resignation
See Section 7.1 of Personnel Rules and Regulations.

11.7 Reinstatement
A permanent employee who has resigned in good standing will be considered for reinstatement to a vacant position of the same classification as the previous position within a period of two (2) years from the effective date of resignation.

Reinstatement shall be made at the salary step last received by the returning employee.

SECTION 12. HOURS OF WORK, OVERTIME, PREMIUM PAY

12.1 Hours of Work
Hours of work shall be determined by the employee’s Department Head according to the work load and the requirements of the employee’s assigned department. All employees shall be scheduled to work on a regular work day and each work day shall have a regular starting and quitting time. The work week shall consist of 40 hours in any seven (7) day period, unless the employee’s classification within his/her department necessitates the employee working a special shift.

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12.2 Administrative Leave/Overtime/C.T.O.

POSITION
HOURS
(PER FISCAL YEAR)
Management & Confidential (NonDepartment Heads)64
Department Heads 110
Accrued Administrative Leave must be used within the fiscal year earned.

12.3 Breaks
Employees are entitled to two fifteen (15) minute breaks per work day. The breaks may be taken during the first four hours and second four hours of the work day. In addition, each employee is entitled to one (1) hour lunch break during his/her work day.

12.4 Attendance
Employees shall be required to contact their Department Head or his/her designee sixty (60) minutes in advance of being late and explain the reason for the tardiness and what time he/she expects to arrive. If an employee is to absent, he/she must call or discuss the reason beforehand with the Department Head. The employee is responsible for being ready for his/her assigned duty at the start of his/her shift and continue through the shift to the quitting time of the shift in the same state.

12.5 Mileage Allowance
An employee who is required to provide transportation for the performance of his/her job shall be compensated at a rate set by the City Council for all City employees.

An exception to this would be if an employee attended a work oriented function that was reimbursable at a higher rate under another authority. An example of the above would be POST reimbursable conferences and training schools. Mileage allowance would not be reimbursable at any rate unless prior approval was given to the employee by his/her Department Head.

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SECTION 13. INCENTIVE PAY
Full-time Management and Confidential employees are urged to continue their in service formal education. The City Manager may authorize reimbursement of $1,000.00 for the cost of such education to only include tuition, books and supplies per year per employee.

13.1 Deferred Compensation
Effective January 1, 1998, City will pay up to $100.00 per month per employee in deferred compensation matching an equal amount contributed by the employee.

The City’s match to deferred compensation is limited to a one year period beginning January 1 of the effective year. Employees must have five (5) years continued service, effective December 31, 1997, to qualify for this benefit.

Members not currently eligible to receive this benefit shall do so upon their fifth anniversary and enjoy the City match for a one year period effective January 1 following their anniversary date.

13.2 Computer Purchase Program
The City will implement an interest free loan to assist Association members with the purchase of personal computers and software as approved by the City.

13.3 Bilingual Pay
Based on Department’s needs and at Department Head or designee’s approval, all individuals, who after having passed a verbal and/or written test, are determined to be bilingual will receive a monthly stipend of $50. An additional monthly stipend of $50 will be paid for biliterate skills.

SECTION 14. HOLIDAYS

14.1 Holiday Pay
Regular full-time employees shall be entitled to observe all authorized holidays at full pay, not to exceed eight (8) hours for any one (1) day.

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14.2 Recognized Holidays
If a holiday falls on a Sunday, the following Monday shall be observed and when a holiday falls on a Saturday, the preceding Friday shall be observed.

A. Day Before New Year’s Day
B. New Year’s Day – January 1st
C. Martin Luther King’s Birthday
D. Washington’s Birthday – Third Monday in February
E. Memorial Day – Last Monday in May
F. Independence Day – July 4th
G. Labor Day – First Monday in September
H. Veteran’s Day – November 11th
I. Thanksgiving Day – Fourth Thursday in November
J. Day After Thanksgiving
K. Day Before Christmas Day
L. Christmas Day – December 25th
M. Floating Holiday – (2)

14.3 Work Performed on a Holiday
Any regular full-time non-management employee who is required to work on any of the holidays specified in Subsection 14.2, shall receive regular pay for holidays plus one and one-half (1 ½) times regular pay for hours worked on a holiday.

14.4 Holidays During Vacation
In the event any of the holidays specified in Subsection 14.2 occur while an employee is on vacation, the holiday shall not be charged to vacation.

SECTION 15. VACATION

15.1 Vacation Leave
Annual vacation leave is to enable each eligible employee to return to his/her job mentally refreshed. The purpose of vacation is to insure the employee’s continued efficiency by allowing periods of rest and relaxation. Therefore, vacation shall be taken in units of one week or more except that the Department Head may allow an employee to take vacation in units of less than one (1) week when he deems it to be in the best interest of the City. Vacation shall only be allowed in increments of one (1) or more whole days. Only one week of an employee’s vacation may be split.

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15.2 Vacation Allowance
Vacation shall vest upon the first day of employment. Thereafter, in accordance with the following schedule:

Length of Service Vacation Earned
1-2 years 10 days
3-4 years 15 days
5-14 years 20 days
After 15 years 25 days
Employee will have the option to sell back unused vacation up to 80 hours twice in a fiscal year in December and/or June for a total of 160 hours.

15.3 Pay Upon Termination
An employee shall be paid for any unused vacation time on the termination of his/her employment. The employee shall be paid at the rate of pay in effect at the time of his/her termination.

15.4 Accrual
Employees may accrue a maximum of 300 hours of vacation allowance.

Employees will not receive any compensation for vacation hours in excess of 300 hours unless employee has requested and has been refused a vacation 30 day prior to exceeding 300 hours accumulated vacation. If the employee has been refused a vacation, he/she must schedule a vacation as soon as working conditions will allow.

15.5 Longevity Incentive
Employees shall be eligible for additional weeks of vacation based on longevity.

The time shown shall be for one additional week in each of the mentioned years only: Completion of employee’s 10th, 20th, 25th and 30th year.

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15.5.1 Career Service Pay
Upon reaching such career milestones with the City of Livingston members of the Management and Confidential Employees Unit will receive a one-time payment of as listed below at the end of such completed year of service. 5 years $300.00
10 years $400.00
15 years $500.00
20 years $600.00
25 years $700.00

15.6 Seniority
In the selection of vacation time, preference shall be given to senior employees where vacation requests of employees conflict.

SECTION 16. LEAVE PROVISIONS

16.1 Sick Leave
Sick leave accumulation shall commence the first day of employment at a rate of one day per month. The taking of sick leave shall commence upon the completion of one month of employment. Sick leave may be accumulated without limit. Upon retirement each employee shall receive 100% of unused sick leave in cash.

When absence is for more that three (3) working days, the employee shall file a physician’s certificate or personal affidavit with the immediate supervisor stating the cause and reason for the absence. The City may request a physician’s verification of illness before paying any sick leave.

Unused sick leave shall be accumulated at the rate of ninety-six (96) hours a year.

An employee shall be able to use sick leave with pay when illness of a member of the employee’s immediate household necessitates such absence. Some verification of personal sick leave is required. If an employee is absent on paid sick leave and a holiday occurs during such absence, the employee shall receive holiday pay for such holiday and such pay shall not be charged against the employee’s sick leave credit.

In the event an employee terminates employment with the City, fifty percent (50%) of unused sick leave shall be paid upon termination of employment.

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Sick leave shall be accumulated to a limit of 1560 hours for cash out purposes only. Sick leave accumulated in excess of 1560 hours may be utilized for retirement credit. Any employee whose accumulated sick leave total exceeded 1560 hours as of July 1, 1992, shall be exempt from the cash out limitation.

In the event that Workers’ Compensation payments cover all or part of the period during which sick leave is paid, the sum of the two shall not exceed the sick leave benefit payable for said period, and the unused portion of accumulated sick leave will continue to be credited to the employee.

16.2 Industrial Disability Leave
Any permanent employee of the City who has suffered any disability arising out of and in the course of employment, as defined by the Workers’ Compensation Laws of the State of California, shall be entitled to disability leave while so disabled without a loss of compensation for the period of such disability to a maximum of sixty (60) days. Such disability leave with pay shall be renewable in sixty (60) day increments by the City Manager for a period of one (1) year, subject to examination confirmation of the continuing disability by a physician selected by the City every sixty (60) days.

During the period the employee is paid by the City, the employee shall assign or endorse to the City any benefits received as a result of Workers’ Compensation Insurance coverage. The City reserves the right to withhold payment of any disability benefits until such time as it is determined whether or not the illness or injury is covered by Workers’ Compensation.

The benefits of Sick Leave and Disability Leave shall be mutually exclusive at any one time, and no Disability Leave may be used for the purposes specified under Subsection 16.1, Sick Leave, and no sick leave benefits may be used for the purposes specified under this Subsection 16.2, Disability Leave.

Employees shall accrue vacation credit during an Industrial Disability Leave which does not exceed thirty (30) days of absence. Employees shall not accrue vacation credit after they have been on Industrial Disability Leave for a total of thirty (30) days in one (1) year, unless the disability is incurred pursuant to the employee’s job performance.

16.3 Limited Duty
Upon the advice of his/her physician, an employee may request and may be granted transfer to less strenuous or hazardous duties within their classification which the employee is qualified to perform for a period not to exceed one (1) year for non-work related injuries or illnesses, or in the case of work related injuries or illnesses, for the full recover or rehabilitation period.

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16.4 Funeral Leave
Employee shall be allowed a leave of absence with full pay for up to 40 hours (5) work days due to the death of a member of employee’s immediate family. For purposes of this provision, immediate family shall include spouse, domestic partner, child (including legally adopted child), parent, grandparent, grandchild, step-parent, stepchild, sibling, step-sibling, father-in-law, mother-in-law, sister-inlaw, brother-in-law, son-in-law or daughter-in-law of the eligible employee.

Requests for bereavement leave for persons not listed above may be granted at the discretion of the City Manager of his/her designee. Time off for funeral or bereavement leave must be taken within time of service of the immediate family member.

16.5 Leave of Absence
The City Manager may grant a permanent employee a leave of absence without pay or benefits not to exceed one (1) year. Request for such leave shall be in writing and may be approved by the City Manager in writing.

16.6 Maternity Leave
A pregnant employee holding a permanent position shall be entitled to a leave of absence for up to one hundred twenty (120) days. This leave shall commence upon certification from the employee’s attending physician that she is no longer capable of performing the duties of her position.

Upon the advice of her physician, the employee may request a temporary transfer to a less strenuous or hazardous position carrying the same or lower salary which she is qualified to perform. However, nothing herein shall result in the displacement or transfer of other employees in permanent positions or the performance of unnecessary work.

Where it is the opinion of the Department Head that the employee should be placed on leave sooner that prescribed by her physician due to her inability to effectively or safely perform the duties of her regular position or of one to which she has been, or could otherwise be, temporarily transferred, the employee may be required to undergo examination by a second physician. The cost of this examination shall be paid by the City and shall not be ordered without prior approval of the City Manager.

During the first six (6) weeks of any such leave, the employee shall be entitled to utilize accrued sick leave benefits on the same basis as other employees who are temporarily disabled due to a non-industrial illness or injury.

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After the first six (6) weeks of such leave, the employee shall be entitled to utilize accrued vacation. While the pregnant employee is on a paid leave status, service credits shall continue to accrue and the City shall continue payments toward group insurance and retirement coverage.

Upon expiration of the approved leave, the employee shall be reinstated to her former position. Prior to the employee being reinstated, the Department Head may require a statement from the attending physician that the employee is physically capable of resuming the regular duties of her position.

An employee may, based upon medical factors, request that her leave be extended beyond one hundred twenty (120) days and shall submit a supporting statement from her physician. The Department Head, with the approval of the appointing authority, may extend the leave for up to an additional thirty (30) days.

16.7 Military Leave
Military leave shall be granted in accordance with the provisions of State Law.

All employees entitled to military leave shall give the City Manager an opportunity within the limits of military regulations to determine when such leave shall be taken.

16.8 State Disability Insurance
Employee shall pay full premium for State Disability Insurance.

SECTION 17. HEALTH AND WELFARE PLANS

17.1 Medical-Dental-Vision-Long Term Disability and Life Insurance Effective February 1, 2006, for those employees known as the Livingston Management and Confidential Employees Association, the City of Livingston will pay all premiums associated with the cost of providing medical, dental, vision, long term disability and life insurance for full-time employees and their eligible dependents.

Also effective February 1, 2006, the City of Livingston will assume full control over the benefit plans offered to the employees, including the selection and retention of any and all agencies involved in providing and maintaining medical, dental, vision, long term disability and life insurance benefits. The City agrees to continue to provide comparable or better benefit plans for the employees as long as the financial condition of the City is such that it can afford to cover the cost of providing the benefits.

Effective upon ratification of the MOU and through the term of the agreement, medical premiums will be split 80% employer-paid and 20% employee-paid.

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Bargaining unit members who opt out of participating in the group medical plans sponsored by the City, and who provide proof of their medical coverage in a group plan, will receive $600 per month, and allow payment in cash paid monthly or which part must be used in a deferred compensation plan of the employee’s choice. This benefit will be effective upon final ratification by both parties (unit and City) for those that qualify. Any Federal/State laws/policies/guidelines conflicting with this incentive program should supersede this section of the MOU and incentive may be subject to termination.

17.2 Medical Examinations
The City, at its option, may require a physical examination of each employee upon his/her entry into employment and of each employee at least once a year during the term of this agreement. Annual physical examinations shall be normally held on the anniversary date of an employee’s entry into employment.

Standards of each examination shall be the same for all employees. Any expense in connection with the physical examination will be borne by the City. However, this is not to be considered as meaning that the City will pay for the treatment of any physical ailments which may be discovered by such examination.

Examinations must be conducted at a location chosen by the City.

17.3 Retirement - Classic Members
The benefit contract in effect between the City of Livingston and Public Employees’ Retirement System (PERS) in behalf of eligible permanent full-time employees of this Unit as of July 1, 1989, shall be continued during the term of this Memorandum of Understanding.

The City will contribute the employees’ seven percent (7%) payment to PERS.

The payment made by the City on behalf of the employee will remain in the employees’ account and may be withdrawn by the employee at such time as the employee terminates from participation in PERS or retires. However, money contributed by the City on behalf of the employees will be considered taxable income during the year in which it is withdrawn. The City will furnish all employees an annual statement of the monies deposited in PERS on their behalf.

The City of Livingston shall amend the City’s contract with the Public Employees’ Retirement System (PERS) to provide the following additional benefit as provided by Section 20042 of the Government Code for the Local Miscellaneous Employees Group only:

The period for determining the average monthly pay rate when calculating retirement benefits will change from the 36 highest paid consecutive months to the 12 highest paid consecutive months. (Applicable only to

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members retiring or whose death occurs after the effective date of the contract amendment.)

17.3.1 Retirement – Classic Members
Effective upon execution of this agreement, Management and Confidential Employees Association, Classic members will pay one percent (1%) of the Employee contribution to PERS.

Effective July 1, 2019, Management and Confidential Employees Association, Classic members will pay an additional one percent (1%) of the Employee contribution to PERS.

Effective July 1, 2020, Management and Confidential Employees Association, Classic members will pay an additional one percent (1%) of the Employee contribution to PERS.

17.3.2 Retirement – New Members
All employees hired on or after January 1, 2013, who are considered “new members” under the Public Employees Pension Reform Act (PEPRA) will be provided a CalPERS benefit formula of 2% at 62 for Miscellaneous and 2% at 57 for Safety.

In addition, “new members” shall be subject to the contribution requirements in Section 7522.30(a) and (c) of the PEPRA, and the City shall not pay any of the required employee contribution for “new members.”

17.4 Post Retirement Benefits
For all employees employed by the City as of July 1, 1989 only who retire from the City’s employment under the Public Employees’ Retirement System currently in effect other than disability retirement, the City will continue to pay the premiums for health and dental care coverage in an amount equal to the amount paid if the employee was still employed by the City.

In disability cases, dependent medical and dental coverage will continue until death of the retired employee or until dependents no longer are qualified as dependents under the current medical and dental plan.

17.5 False Arrest Insurance/Police Management
The City will provide the Chief of Police with False Arrest Insurance in conjunction with the City’s General Liability policies. ---

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17.6 Long-Term Disability
City will provide each employee covered under this Memorandum of Understanding with Long-Term Disability coverage at the City’s expense.

17.7 American with Disabilities Act
Because the ADA required accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual, case by case basis, the parties agree that the provisions of the Agreement may be disregarded in order for he City to avoid discrimination relative to hiring, promotion, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment.

The Association recognizes that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The Association will be notified of these proposed accommodations prior to implementation by the City.

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

Prior to disregarding any provision of this Agreement in order to undertake required accommodations for an individual protected by the Act, the City will provide the Association with written notice of its intent to disregard the provision, and will allow the Association the opportunity to discuss options to disregarding the Agreement. However, as the City has a legal obligation to undertake required accommodations such action shall not be subject to bargaining with the Association.

SECTION 18. SAFETY

18.1 Observance of Safety Rules and Regulations/Public Service Employees Both the City and the Association shall expend every effort to ensure that work is performed with a maximum degree of safety consistent with the requirement to conduct efficient operations.

Each employee covered by this Memorandum agrees to comply with all safety rules and regulations in effect and any subsequent rules and regulations that may be adopted. Employees further agree that they will report all accidents and safety hazards to the appropriate management official immediately. Any employee

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having knowledge of, or who is a witness to an accident shall, if requested, give full and truthful testimony as to same.

An employee may refuse a dangerous work assignment if one or all of the following conditions exist and he/she immediately notifies his/her supervisor of the condition(s):

1. He/she has a reasonable belief, based on what he/she knows at the time, at the time, that there is a real imminent danger of death or serious physical injury. If he/she has good reasons that other reasonable people would recognize,
he/she may refuse the task even if it is later found that there was no imminent danger.

2. If he/she has asked his/her employer to eliminate the danger and the employer has failed to do so.

3. The danger is so imminent that it cannot be eliminated quickly enough through normal OSHA enforcement
procedures.

18.2 Safety Program
The Management-Confidential Safety Committee shall consist of three (3) representatives of the Management-Confidential Unit.

18.3 Safety Equipment
Protective clothing or any type of protective device required in employee’s work will be furnished to the employee by the City at not cost to the employee. All employees shall use City supplied safety equipment only for the purpose and use specified under applicable safety rules and regulations.

The City agrees to purchase one (1) pair of Red Wing work boots with steel shanks through a purchase order not to exceed $170.00 once a year for the Public Works Superintendent. The city will provide one (1) new jacket for the Public Works Superintendent during the term of this agreement.

SECTION 19. DISCIPLINE AND DISCHARGE
See Section 9 of Personnel Rules and Regulations.

SECTION 20. GRIEVANCE PROCEDURE
See Section 10 of Personnel Rules and Regulations.

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SECTION 21. MODIFICATION OF AGREEMENT
No changes in this Memorandum of Understanding or interpretations thereof will be recognized, unless agreed to by the City Manager and the Association unless a financial disaster results in a significant loss of revenue to the City which shall allow the City to open the contract unilaterally.

SECTION 22. NEW WORK
In the event the City introduces new work which the Association believes does not fall within any of the existing classifications, the City and the Association shall, upon written request, meet and confer with respect to the assignment or classification of such work.

SECTION 23. PAST PRACTICES AND EXISTING MEMORANDA OF

UNDERSTANDING
This Memorandum of Understanding shall supersede all existing and prior Memoranda of Understanding between the City and the Association, resolutions and ordinances which are in conflict with this agreement.

SECTION 24. RESOLUTION OF IMPASSE
See Section 11.6 of Personnel Rules and Regulations.

SECTION 25. SEPARABILITY OF PROVISIONS
Should any section, clause or provision of the Memorandum of Understanding be declared illegal and unenforceable by a final judgment of a Court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this Memorandum of Understanding. In the event of such invalidation, the parties agree to meet and confer immediately concerning substitute provisions for the provisions rendered, or declared illegal.

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SECTION 26. TERM OF MEMORANDUM
This Memorandum of Understanding entered into on the 1
st day of July, 2025 shall, upon
approval of the City Council, remain in effect for those employees in the classifications which comprise the Association Bargaining Unit for the period from July 1, 2025 to and including June 30, 2028. The City may unilaterally open this agreement in the event a financial disaster results in a significant loss to the City.

Ninety (90) days prior to the termination of this Memorandum of Understanding, the Association will notify the City if it wishes to modify the agreement. In the event that such notice is given, negotiations shall begin as soon as possible after the notice. This agreement shall remain in full force and be effective during the periods of negotiations and until Notice of Termination of this agreement is provided to the other party.

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CITY OF LIVINGSTON

MANAGEMENT AND CONFIDENTIAL EMPLOYEES

ASSOCIATION
JULY 1, 2025 – JUNE 30, 2028
Deleted: 4
Deleted: 5

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TABLE OF CONTENTS

SECTION TITLE PAGE
1 Recognition 6

1.1 Employee Recognition 6

1.2 Association Recognition 6

1.3 Dues Deduction 6
2 City Rights 7
3 Employee Responsibilities 7
4 Employee Rights/Official Representation 7

4.1 No Discrimination 7

4.2 Access to Personnel Files 7

4.3 Communication with Employees 7

4.4 Official Representation 8

4.5 Advance Notice 8

4.6 Employee Classification Inclusion/Exclusion 8
5 Conflict of Memorandum and Resolution 8
6 Salary Plan 8

6.1 Increases During Term of this M.O.U. 8

6.2 Salary Plan Administration 8

6.3 Salary Plan Administration, Advancement 9
Within Salary Range

6.4 Salary Plan Administration, Salary Step 9
After Promotion/Demotion

6.5 Temporary Upgrading 9

6.6 Salary Plan, Pay Periods 9

6.7 Increases During Term of this MOU 9

6.8 Salary Adjustment for the Following Positions 9
7 Probation Period 10
8 Seniority 10
9 Transfers and Promotions Lists 10

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9.1 Transfer 10

9.2 Promotion 10

9.3 Time Off for Examination 10
10 Evaluations and Job Descriptions 10

10.1 Evaluations 10

10.2 Job Descriptions 10
11 Layoffs and Outside Employment 10

11.1 Layoff 10

11.2 Order of Layoff 11

11.3 Notice of Layoff 11

11.4 Recall 11

11.5 Outside Employment 11

11.6 Resignation 11

11.7 Reinstatement 11
12 Hours of Work, Overtime, Premium Pay 12

12.1 Hours of Work 12

12.2 Administrative Leave/ Overtime/ C.T.O. 12

12.3 Breaks 12

12.4 Attendance 12

12.5 Mileage Allowance 12
13 Incentive Pay 13

13.1 Deferred Compensation 13

13.2 Computer Purchase Program 13

13.3 Bilingual Pay 13
14 Holidays 13

14.1 Holiday Pay 13

14.2 Recognized Holidays 14

14.3 Work Performed on a Holiday 14

14.4 Holidays During Vacation 14
15 Vacation 14

15.1 Vacation Leave 14
Deleted: 12.6 Clothing Allowance 13¶

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15.2 Vacation Allowance 15

15.3 Pay Upon Termination 15

15.4 Accrual 15

15.5 Longevity Incentive 15

15.5.1 Career Service Pay 16

15.6 Seniority 16
16 Leave Provisions 16

16.1 Sick Leave 16

16.2 Industrial Disability Leave 17

16.3 Limited Duty 17

16.4 Funeral Leave 18

16.5 Leave of Absence 18

16.6 Maternity Leave 18

16.7 Military Leave 19

16.8 State Disability Insurance 19
17 Health and Welfare Plans 19

17.1 Medical-Dental-Life Insurance 19

17.2 Medical Examinations 20

17.3 Retirement – Classic Members 20

17.3.1 Retirement – Classic Members 21

17.3.2 Retirement – New Members 21

17.4 Post Retirement Benefits 22

17.5 False Arrest Insurance/Police Mgmt. 22

17.6 Long-Term Disability Insurance 22

17.7 American with Disabilities Act 22
18 Safety 23

18.1 Observance of Safety Rules and Regulations 23
Public Service Employees

18.2 Safety Program 23

18.3 Safety Equipment 24
19 Discipline and Discharge 24

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SECTION 1. RECOGNITION

The classification of the Confidential and Management employees shall include the following:

In the event that some form of Association security other than that provided above shall become permissive for public employees under competent enabling Deleted: Commander¶
Community Development Director¶
Deleted: Public Works Technician¶
Deleted: Street Supervisor¶
Deleted: W
Deleted: Supervisor
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Deleted: Administrative Services
Deleted: Executive Assistant/Deputy City Clerk¶
Deleted: Human Resources Coordinator
◄
=~ l -
~ .
~

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legislation, the parties shall then meet and confer with respect to the provisions of this subsection.

SECTION 2. CITY RIGHTS
It is understood and agreed that the City retains its powers and authority to direct, manage and control all affairs of the City to the full extent of the law.

It is agreed that this Memorandum of Understanding is not in force or effect until ratified and approved by resolution adopted by the City Council of the City of Livingston.

SECTION 4. EMPLOYEE RIGHTS/OFFICIAL REPRESENTATION

4.3 Communication with Employees
The Association shall be provided suitable space on bulletin boards at each work location for posting notices concerning official Association business.

4.5 Advance Notice

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SECTION 5. CONFLICT OF MEMORANDUM AND RESOLUTION
It is understood and agreed that there exists within the City, Personnel Rules and Regulations.

SECTION 6. SALARY PLAN

6.2 Salary Plan Administration
See Section 3 of Personnel Rules and Regulations.

6.3 Salary Plan Administration, Advancement Within Salary Range See Section 3 of Personnel Rules and Regulations.

6.4 Salary Plan Administration, Salary Step After Promotion/Demotion See Section 3 of Personnel Rules and Regulations.

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6.6 Salary Plan, Pay Periods
See Section 3.3 of Personnel Rules and Regulations.

SECTION 7. PROBATION PERIOD
See Section 5.5 of Personnel Rules and Regulations.

SECTION 8. SENIORITY
See Section 6.3 of Personnel Rules and Regulations.

SECTION 9. TRANSFER AND PROMOTION LISTS

9.1 Transfer
See Section 3.10 of Personnel Rules and Regulations.

9.2 Promotion
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Deleted: Effective retroactively to July 1, 2024 and a reasonable period after City Council ¶
approval of this successor MOU, the City shall provide a four percent (4%) base ¶
pay increase to the pay ranges for all Association represented classifications with ¶
individual members maintaining their respective steps within those adjusted pay ¶
ranges. ¶
approval of this successor MOU, the City shall provide a four percent (4%) base ¶
pay increase to the pay ranges for all Association represented classifications with ¶
individual members maintaining their respective steps within those adjusted pay ¶
ranges. ¶
pay increase to the pay ranges for all Association represented classifications with ¶
individual members maintaining their respective steps within those adjusted pay ¶
ranges. ¶
individual members maintaining their respective steps within those adjusted pay ¶
ranges. ¶
ranges. ¶
¶
If a represented bargaining unit receives a higher percentage base pay increase ¶
for FY 2024-25 to their pay ranges published by the City during the term of this ¶
MOU, then the City will provide the difference in base pay increase to the ¶
Association represented employees starting from the date the other represented ¶
bargaining unit receives their higher base pay increase.¶ 1/ ◄
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See Sections 5.3 and 5.4 of Personnel Rules and Regulations.

9.3 Time Off for Examination
Promotional examinations scheduled by the City during an employee’s regular working hours may be taken without any loss in compensation.

SECTION 10. EVALUATION AND JOB DESCRIPTIONS

10.1 Evaluations
See Section 8.1 of Personnel Rules and Regulations.

10.2 Job Descriptions
The City will meet and confer with the Unit in order to develop job descriptions to the classifications in this Unit if there are significant changes.

SECTION 11. LAYOFFS AND OUTSIDE EMPLOYMENT

11.2 Order of Layoff
See Section 6.1 of Personnel Rules and Regulations.

11.4 Recall
See Section 6.2 of Personnel Rules and Regulations.

11.5 Outside Employment
See Section 14.1 of Personnel Rules and Regulations.

Off-duty employment will be approved subject to:

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A. An absence of interference with the full and efficient performance of duty at all times.

B. The absence of a demonstrative conflict of interest between outside employment and City employment.

D. Outside employment will not create any liability against the City of Livingston.

11.6 Resignation
See Section 7.1 of Personnel Rules and Regulations.

Reinstatement shall be made at the salary step last received by the returning employee.

SECTION 12. HOURS OF WORK, OVERTIME, PREMIUM PAY

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12.2 Administrative Leave/Overtime/C.T.O.

POSITION
HOURS
(PER FISCAL YEAR)
Management & Confidential (NonDepartment Heads)64
Department Heads 110
Accrued Administrative Leave must be used within the fiscal year earned.

12.5 Mileage Allowance
An employee who is required to provide transportation for the performance of his/her job shall be compensated at a rate set by the City Council for all City employees.

Deleted: & Executive Assistant/Deputy City Clerk

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12.6 SECTION 13. INCENTIVE PAY
Full-time Management and Confidential employees are urged to continue their in service formal education. The City Manager may authorize reimbursement of $1,000.00 for the cost of such education to only include tuition, books and supplies per year per employee.

13.1 Deferred Compensation
Effective January 1, 1998, City will pay up to $100.00 per month per employee in deferred compensation matching an equal amount contributed by the employee.

Members not currently eligible to receive this benefit shall do so upon their fifth anniversary and enjoy the City match for a one year period effective January 1 following their anniversary date.

13.2 Computer Purchase Program
The City will implement an interest free loan to assist Association members with the purchase of personal computers and software as approved by the City.

SECTION 14. HOLIDAYS

14.1 Holiday Pay
Regular full-time employees shall be entitled to observe all authorized holidays at full pay, not to exceed eight (8) hours for any one (1) day.

Deleted: Clothing Allowance¶
<#>¶
<#>¶
<#>The Police Chief and Commander shall receive $800.00 per year, paid $200 quarterly, for the maintenance and purchase of uniforms.¶
Deleted: ¶
Deleted: Full-time Management and Confidential employees are urged to continue their in service formal education. The City Manager may authorize reimbursement of 50% of the cost of such education. Cost of such education shall only include tuition, books and supplies, not to exceed $500expense to the City per year per employee.…
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14.2 Recognized Holidays
If a holiday falls on a Sunday, the following Monday shall be observed and when a holiday falls on a Saturday, the preceding Friday shall be observed.

14.4 Holidays During Vacation
In the event any of the holidays specified in Subsection 14.2 occur while an employee is on vacation, the holiday shall not be charged to vacation.

SECTION 15. VACATION

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15.2 Vacation Allowance
Vacation shall vest upon the first day of employment. Thereafter, in accordance with the following schedule:

15.4 Accrual
Employees may accrue a maximum of 300 hours of vacation allowance.

15.5 Longevity Incentive
Employees shall be eligible for additional weeks of vacation based on longevity.

The time shown shall be for one additional week in each of the mentioned years only: Completion of employee’s 10th, 20th, 25th and 30th year.

Deleted:

Formatted: Indent: First line: 0.5"
Deleted: total of unused vacation either in
Deleted: annually.

Deleted: , with the exception of the Commander this position may accrue a maximum vacation allowance of 400 hours…
Deleted: The same applies to the Commander position with vacation hours in excess of 400 hours.…
~
, ~
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15.6 Seniority
In the selection of vacation time, preference shall be given to senior employees where vacation requests of employees conflict.

SECTION 16. LEAVE PROVISIONS

Unused sick leave shall be accumulated at the rate of ninety-six (96) hours a year.

In the event an employee terminates employment with the City, fifty percent (50%) of unused sick leave shall be paid upon termination of employment.

Deleted: 1
Deleted: 2
Deleted: 3
Deleted: 4
Deleted: 5
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16.7 Military Leave
Military leave shall be granted in accordance with the provisions of State Law.

All employees entitled to military leave shall give the City Manager an opportunity within the limits of military regulations to determine when such leave shall be taken.

16.8 State Disability Insurance
Employee shall pay full premium for State Disability Insurance.

SECTION 17. HEALTH AND WELFARE PLANS

Effective upon ratification of the MOU and through the term of the agreement, medical premiums will be split 80% employer-paid and 20% employee-paid.

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Examinations must be conducted at a location chosen by the City.

The City will contribute the employees’ seven percent (7%) payment to PERS.

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members retiring or whose death occurs after the effective date of the contract amendment.)

Effective July 1, 2019, Management and Confidential Employees Association, Classic members will pay an additional one percent (1%) of the Employee contribution to PERS.

Effective July 1, 2020, Management and Confidential Employees Association, Classic members will pay an additional one percent (1%) of the Employee contribution to PERS.

17.5 False Arrest Insurance/Police Management
The City will provide the Chief of Police with False Arrest Insurance in conjunction with the City’s General Liability policies. --

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17.6 Long-Term Disability
City will provide each employee covered under this Memorandum of Understanding with Long-Term Disability coverage at the City’s expense.

SECTION 18. SAFETY

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having knowledge of, or who is a witness to an accident shall, if requested, give full and truthful testimony as to same.

An employee may refuse a dangerous work assignment if one or all of the following conditions exist and he/she immediately notifies his/her supervisor of the condition(s):

2. If he/she has asked his/her employer to eliminate the danger and the employer has failed to do so.

3. The danger is so imminent that it cannot be eliminated quickly enough through normal OSHA enforcement
procedures.

18.2 Safety Program
The Management-Confidential Safety Committee shall consist of three (3) representatives of the Management-Confidential Unit.

SECTION 19. DISCIPLINE AND DISCHARGE
See Section 9 of Personnel Rules and Regulations.

SECTION 20. GRIEVANCE PROCEDURE
See Section 10 of Personnel Rules and Regulations.

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SECTION 23. PAST PRACTICES AND EXISTING MEMORANDA OF

SECTION 24. RESOLUTION OF IMPASSE
See Section 11.6 of Personnel Rules and Regulations.

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Management and Confidential City of Livingston
Employees Association
Alvaro Pacheco Representative Date Jose Antonio Ramirez, City Manager
_____________________________ _____________________________ Deanna Soria Representative Date Date
_____________________________
Allen Dunbar Date
Business Representative
Deleted: 4
Deleted: 4
Deleted: 5
Deleted: Erica Valencia
Deleted: Christopher Lopez
Deleted: Interim
Deleted: Jesus Chavez
-------
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Approved by Council on 12/2/2025
CLASSIFICATION Bargaining Group Type A B C D E F
Hourly 18.25 19.16 20.12 21.13 22.18 23.29
Monthly 3,163.34 3,321.50 3,487.58 3,661.96 3,845.06 4,037.31 Annually 37,960.06 39,858.06 41,850.96 43,943.51 46,140.69 48,447.72 Hourly 30.25 31.76 33.35 35.02 36.77
Monthly 5,243.21 5,505.37 5,780.64 6,069.67 6,373.15
Annually 62,918.52 66,064.44 69,367.67 72,836.05 76,477.85 Hourly 35.01 36.77 38.60 40.53 42.56
Monthly 6,069.15 6,372.61 6,691.24 7,025.80 7,377.09
Annually 72,829.80 76,471.30 80,294.86 84,309.60 88,525.08 Hourly 21.69 22.77 23.91 25.11 26.36 27.68
Monthly 3,759.05 3,947.00 4,144.35 4,351.57 4,569.14 4,797.60 Annually 45,108.56 47,363.99 49,732.18 52,218.79 54,829.73 57,571.22 Hourly 25.77 27.06 28.41 29.83 31.33 32.89
Monthly 4,467.24 4,690.60 4,925.13 5,171.39 5,429.96 5,701.46 Annually 53,606.87 56,287.22 59,101.58 62,056.65 65,159.49 68,417.46 Hourly 25.77 27.06 28.41 29.83 31.33 32.89
Monthly 4,467.24 4,690.60 4,925.13 5,171.39 5,429.96 5,701.46 Annually 53,606.87 56,287.22 59,101.58 62,056.65 65,159.49 68,417.46 Hourly 22.23 23.34 24.51 25.73 27.02 28.37
Monthly 3,853.17 4,045.82 4,248.12 4,460.52 4,683.55 4,917.72 Annually 46,237.99 48,549.89 50,977.39 53,526.26 56,202.57 59,012.70 Hourly 24.05 25.25 26.52 27.84 29.23
Monthly 4,168.75 4,377.19 4,596.05 4,825.85 5,067.14
Annually 50,025.00 52,526.25 55,152.56 57,910.19 60,805.70 Assistant to the City Manager/Deputy City Clerk Hourly 45.53 47.80 50.19 52.70 55.34 Mgmt./Confidential Monthly 7,891.17 8,285.73 8,700.02 9,135.02 9,591.77 Annually 94,694.08 99,428.78 104,400.22 109,620.23 115,101.25 Hourly 20.56 21.59 22.67 23.81 25.00
Monthly 3,564.48 3,742.70 3,929.84 4,126.33 4,332.65
Annually 42,773.76 44,912.45 47,158.07 49,515.97 51,991.77 Hourly 64.53 67.76 71.15 74.71 78.44
Monthly 11,185.89 11,745.18 12,332.44 12,949.07 13,596.52 Annually 134,230.68 140,942.21 147,989.32 155,388.79 163,158.23 Hourly
Monthly 100.00
Annually
Hourly
Monthly 300.00
Annually
Hourly 72.30 76.10 80.11 84.32 88.76
Monthly 12,531.18 13,190.71 13,884.96 14,615.75 15,385.00 Annually 150,374.14 158,288.57 166,619.55 175,389.00 184,620.00 Hourly
Monthly 60.00
Annually
Hourly 25.91 27.20 28.56 29.99 31.49
Monthly 4,490.47 4,714.99 4,950.74 5,198.28 5,458.19
Annually 53,885.64 56,579.93 59,408.92 62,379.37 65,498.34 Hourly 56.12 58.93 61.88 64.97 68.22
Monthly 9,727.92 10,214.31 10,725.03 11,261.28 11,824.34 Annually 116,735.00 122,571.75 128,700.34 135,135.35 141,892.12 Hourly 27.85 29.24 30.70 32.24 33.85
Monthly 4,826.76 5,068.10 5,321.51 5,587.58 5,866.96
Annually 57,921.18 60,817.24 63,858.10 67,051.00 70,403.55 Hourly 19.57 20.55 21.58 22.66 23.79
Monthly 3,392.92 3,562.57 3,740.69 3,927.73 4,124.12
Annually 40,715.04 42,750.79 44,888.33 47,132.75 49,489.39 Hourly 16.90 17.75 18.63 19.56 20.54
Monthly 2,929.34 3,075.81 3,229.60 3,391.08 3,560.63
Annually 35,152.08 36,909.68 38,755.17 40,692.93 42,727.57 Hourly 19.09 20.04 21.04 22.10 23.20
Monthly 3,308.56 3,473.98 3,647.68 3,830.07 4,021.57
Annually 39,702.67 41,687.80 43,772.19 45,960.80 48,258.84 Hourly 54.37 57.09 59.94 62.94 66.09
Monthly 9,424.37 9,895.59 10,390.37 10,909.89 11,455.38 Annually 113,092.43 118,747.05 124,684.40 130,918.63 137,464.56 Hourly 28.92 30.36 31.88 33.47 35.15
Monthly 5,012.21 5,262.82 5,525.96 5,802.25 6,092.37
Annually 60,146.47 63,153.79 66,311.48 69,627.06 73,108.41 Hourly 61.51 64.58 67.81 71.20 74.76
Monthly 10,661.36 11,194.42 11,754.14 12,341.85 12,958.94 Annually 127,936.26 134,333.08 141,049.73 148,102.22 155,507.33 Hourly 34.21 35.92 37.72 39.60 41.58
Monthly 5,929.90 6,226.40 6,537.72 6,864.60 7,207.83
Annually 71,158.81 74,716.75 78,452.59 82,375.22 86,493.98 Hourly 26.32 27.64 29.02 30.47 31.99
Monthly 4,562.27 4,790.38 5,029.90 5,281.39 5,545.46
Annually 54,747.19 57,484.55 60,358.78 63,376.72 66,545.55 Account Clerk Clerical
Accountant I Mgmt./Confidential
Administrative Analyst PW Clerical
Administrative Assistant Clerical
Accountant II Mgmt./Confidential
Accounting Technician Clerical
Administrative Analyst Clerical
City Clerk Elected
City Council Elected
City Manager Unrepresented
Assistant Planner Unrepresented
Building Official Unrepresented
Chief of Police Unrepresented
Communications/Records Manager Mgmt./Confidential
Community Service Officer Unrepresented
Custodian I AFSCME/Public Works
City Treasurer Elected
Code Compliance Officer LPOA
Community Development Director Mgmt./Confidential
Finance Director/Assistant City Manager Unrepresented
Human Resources Coordinator Mgmt./Confidential
Custodian II AFSCME/Public Works
Director of Public Works Unrepresented
Executive Assistant to the City Manager Mgmt./Confidential Lead Maintenance Worker AFSCME/Public Works

COMPREHENSIVE PAY SCHEDULE
Effective: January 6, 2026
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Hourly 26.32 27.64 29.02 30.47 31.99
Monthly 4,562.27 4,790.38 5,029.90 5,281.39 5,545.46
Annually 54,747.19 57,484.55 60,358.78 63,376.72 66,545.55 Hourly 25.10 26.36 27.68 29.06 30.51
Monthly 4,351.41 4,568.98 4,797.43 5,037.31 5,289.17
Annually 52,216.97 54,827.81 57,569.20 60,447.66 63,470.05 Hourly 20.11 21.11 22.17 23.28 24.44
Monthly 3,485.45 3,659.72 3,842.71 4,034.84 4,236.59
Annually 41,825.39 43,916.66 46,112.50 48,418.12 50,839.03 Hourly 23.28 24.45 25.67 26.95 28.30
Monthly 4,035.53 4,237.31 4,449.17 4,671.63 4,905.21
Annually 48,426.37 50,847.69 53,390.07 56,059.58 58,862.55 Hourly 16.90 17.75 18.63 19.56 20.54 21.57
Monthly 2,929.34 3,075.81 3,229.60 3,391.08 3,560.63 3,738.66 Annually 35,152.08 36,909.68 38,755.17 40,692.93 42,727.57 44,863.95 Hourly 62.27 65.38 68.65 72.08 75.68
Monthly 10,792.73 11,332.37 11,898.99 12,493.94 13,118.63 Annually 129,512.80 135,988.44 142,787.86 149,927.26 157,423.62 Hourly 38.04 39.94 41.94 44.04 46.24
Monthly 6,593.93 6,923.63 7,269.81 7,633.30 8,014.97
Annually 79,127.21 83,083.58 87,237.75 91,599.64 96,179.62 Hourly 36.13 37.94 39.84 41.83 43.92
Monthly 6,263.38 6,576.55 6,905.38 7,250.65 7,613.18
Annually 75,160.59 78,918.62 82,864.55 87,007.77 91,358.16 Hourly 37.96 39.86 41.85 43.95 46.14
Monthly 6,580.22 6,909.23 7,254.69 7,617.43 7,998.30
Annually 78,962.65 82,910.78 87,056.32 91,409.13 95,979.59 Hourly 21.05 22.10 23.21 24.37 25.58
Monthly 3,648.30 3,830.72 4,022.25 4,223.36 4,434.53
Annually 43,779.61 45,968.59 48,267.02 50,680.37 53,214.39 Hourly 18.80 19.74 20.73 21.77 22.86
Monthly 3,259.24 3,422.20 3,593.31 3,772.98 3,961.63
Annually 39,110.90 41,066.45 43,119.77 45,275.76 47,539.55 Hourly 28.31 29.73 31.21 32.78 34.41
Monthly 4,907.50 5,152.88 5,410.52 5,681.05 5,965.10
Annually 58,890.00 61,834.50 64,926.23 68,172.54 71,581.17 Hourly 29.74 31.23 32.79 34.43 36.15
Monthly 5,155.61 5,413.39 5,684.06 5,968.27 6,266.68
Annually 61,867.35 64,960.72 68,208.76 71,619.19 75,200.15 Hourly 18.62 19.55 20.53 21.56 22.64
Monthly 3,227.79 3,389.18 3,558.64 3,736.57 3,923.40
Annually 38,733.49 40,670.17 42,703.67 44,838.86 47,080.80 Hourly 17.16 18.02 18.92 19.86 20.86
Monthly 2,974.40 3,123.12 3,279.28 3,443.24 3,615.40
Annually 35,692.80 37,477.44 39,351.31 41,318.88 43,384.82 Hourly 46.44 48.76 51.20 53.76 56.45
Monthly 8,049.38 8,451.85 8,874.44 9,318.16 9,784.07
Annually 96,592.52 101,422.15 106,493.25 111,817.92 117,408.81 Hourly 48.79 51.23 53.79 56.48 59.30
Monthly 8,456.22 8,879.03 9,322.98 9,789.13 10,278.59
Annually 101,474.65 106,548.38 111,875.80 117,469.59 123,343.07 Hourly 53.27 55.93 58.73 61.66 64.75
Police Support Operations Manager Mgmt./Confidential Monthly 9,233.11 9,694.77 10,179.51 10,688.48 11,222.90 Annually 110,797.34 116,337.20 122,154.06 128,261.77 134,674.86 Hourly 21.05 22.10 23.21 24.37 25.58
Monthly 3,648.30 3,830.72 4,022.25 4,223.36 4,434.53
Annually 43,779.61 45,968.59 48,267.02 50,680.37 53,214.39 Hourly 26.38 27.70 29.08 30.53 32.06
Monthly 4,571.88 4,800.48 5,040.50 5,292.53 5,557.15
Annually 54,862.59 57,605.72 60,486.00 63,510.30 66,685.82 Hourly 30.25 31.77 33.35 35.02 36.77
Monthly 5,243.97 5,506.17 5,781.48 6,070.55 6,374.08
Annually 62,927.65 66,074.03 69,377.73 72,846.62 76,488.95 Hourly 40.34 42.36 44.47 46.70 49.03
Monthly 6,992.01 7,341.61 7,708.69 8,094.13 8,498.83
Annually 83,904.13 88,099.34 92,504.30 97,129.52 101,985.99 Hourly 31.67 33.26 34.92 36.66 38.50
Monthly 5,489.78 5,764.27 6,052.48 6,355.11 6,672.86
Annually 65,877.38 69,171.25 72,629.81 76,261.30 80,074.37 Hourly 16.90 17.75 18.63 19.56 20.54 21.57
Monthly 2,929.34 3,075.81 3,229.60 3,391.08 3,560.63 3,738.66 Annually 35,152.08 36,909.68 38,755.17 40,692.93 42,727.57 44,863.95 Hourly 18.24 19.16 20.11 21.12 22.17 23.28
Monthly 3,162.19 3,320.30 3,486.31 3,660.63 3,843.66 4,035.85 Annually 37,946.28 39,843.60 41,835.78 43,927.57 46,123.94 48,430.14 Hourly 26.09 27.39 28.76 30.20 31.71
Monthly 4,522.02 4,748.12 4,985.52 5,234.80 5,496.54
Annually 54,264.21 56,977.42 59,826.29 62,817.61 65,958.49 Hourly 21.16 22.22 23.33 24.50 25.72 27.01
Monthly 3,668.37 3,851.79 4,044.38 4,246.60 4,458.93 4,681.87 Annually 44,020.44 46,221.46 48,532.54 50,959.16 53,507.12 56,182.48 Hourly 48.40 50.82 53.36 56.03 58.83
Monthly 8,388.95 8,808.40 9,248.82 9,711.26 10,196.82
Maintenance Worker I AFSCME/Public Works
Maintenance Worker II AFSCME/Public Works
Office Assistant I Clerical
Lead Parks/landscape Worker AFSCME/Public Works
Maintenance Mechanic AFSCME/Public Works
Police Corporal w/Degree LPOA
Police Dispatcher LPOA
Police Office Assistant II LPOA
Police Lieutenant Supervisory
Police Commander Supervisory
Police Corporal LPOA
Police Records Assistant LPOA
Police Sergeant Supervisory
Police Sergeant w/Degree Supervisory
Police Officer LPOA
Police Officer w/Degree LPOA
Police Public Assistant LPOA
Public Works Superintendent Mgmt./Confidential
Public Works Supervisor Water Division Mgmt./Confidential Recreation Coordinator Clerical
Public Services Officer LPOA
Public Works Lead AFSCME/Public Works
Public Works Street Supervisor Mgmt./Confidential
Mgmt./Confidential
Recreation Specialist Clerical
Recreation Superintendent Mgmt./Confidential
Senior Account Clerk Clerical
Senior Accountant

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Annually 100,667.38 105,700.75 110,985.79 116,535.08 122,361.83 Hourly 28.45 29.88 31.37 32.94 34.59 36.32
Monthly 4,932.10 5,178.70 5,437.64 5,709.52 5,995.00 6,294.75 Annually 59,185.18 62,144.44 65,251.66 68,514.25 71,939.96 75,536.96 Hourly 30.01 31.51 33.09 34.74 36.48 38.30
Monthly 5,201.83 5,461.92 5,735.02 6,021.77 6,322.86 6,639.00 Annually 62,421.98 65,543.08 68,820.23 72,261.24 75,874.31 79,668.02 Hourly 16.90 17.75 18.63 19.56 20.54 21.57
Monthly 2,929.34 3,075.81 3,229.60 3,391.08 3,560.63 3,738.66 Annually 35,152.08 36,909.68 38,755.17 40,692.93 42,727.57 44,863.95 Hourly 37.03 38.88 40.82 42.86 45.01
Monthly 6,418.01 6,738.91 7,075.86 7,429.65 7,801.13
Annually 77,016.14 80,866.94 84,910.29 89,155.81 93,613.60 Hourly 21.64 22.72 23.85 25.05 26.30
Monthly 3,750.24 3,937.75 4,134.64 4,341.37 4,558.44
Annually 45,002.87 47,253.01 49,615.66 52,096.45 54,701.27 Hourly 22.74 23.87 25.07 26.32 27.64
Monthly 3,941.16 4,138.22 4,345.13 4,562.39 4,790.51
Annually 47,293.92 49,658.62 52,141.55 54,748.63 57,486.06 Hourly 25.10 26.36 27.68 29.06 30.51
Monthly 4,351.41 4,568.98 4,797.43 5,037.31 5,289.17
Annually 52,216.97 54,827.81 57,569.20 60,447.66 63,470.05 Hourly 30.52 32.05 33.65 35.33 37.10
Monthly 5,290.11 5,554.62 5,832.35 6,123.96 6,430.16
Annually 63,481.32 66,655.39 69,988.15 73,487.56 77,161.94 Hourly 34.60 36.33 38.15 40.06 42.06
Monthly 5,998.11 6,298.02 6,612.92 6,943.56 7,290.74
Annually 71,977.32 75,576.18 79,354.99 83,322.74 87,488.88 Hourly 38.75 40.69 42.72 44.86 47.10
Monthly 6,716.34 7,052.15 7,404.76 7,775.00 8,163.75
Annually 80,596.05 84,625.85 88,857.14 93,300.00 97,965.00 Hourly 42.18 44.28 46.50 48.82 51.26
Monthly 7,310.42 7,675.94 8,059.74 8,462.73 8,885.86
Annually 87,725.05 92,111.30 96,716.86 101,552.71 106,630.34 Transitional Phase for Water/Wastewater Operators
Hourly 25.07 26.33 27.64 29.02 30.47 32.00
Monthly 4,345.73 4,563.02 4,791.17 5,030.73 5,282.26 5,546.38 Annually 52,148.78 54,756.22 57,494.03 60,368.73 63,387.17 66,556.52 * Degree includes: AA, BA, Intermediate or Advanced Post Certificates. No compounding for multiple degrees or certificates as stated in the MOU's.

Classification of Office Assistant I, Office Assistant II, Administrative Assistant, Recreation Specialist, Recreation Coordinator, Administrative Analyst and Sr. Administrative Analyst positions are not specific to one department. Their positions can be used in any of the City's various departments and/or may be used by multiple departments as determined by the City Manager.

Positions are filled on a full-time or part-time basis as determined by the City Manager.

CLASSIFICATION STEP

A B C D E
Administrative Analyst 19.38 20.35 21.37 22.44 23.56
Administrative Assistant 16.72 17.55 18.43 19.35 20.32
Building Maintenance Worker 16.90 17.75 18.63 19.56 20.54 Code Compliance Officer 25.91 27.20 28.56 29.99 31.49
Grants Analyst 26.00 27.30 28.67 30.10 31.60
Lifeguard 16.90 17.90 18.80 19.73 20.72
Maintenance Specialist 19.10 20.06 21.06 22.11 23.22
Maintenance Worker I 16.90 17.75 18.63 19.56 20.54
Office Assistant I 16.90 17.75 18.63 19.56 20.54
Office Assistant II 16.90 17.75 18.63 19.56 20.54
Police Dispatcher 17.05 17.90 18.79 19.73 20.72
Police Records Assistant 16.90 17.75 18.63 19.56 20.54
Recreation Leader 16.90 17.75 18.63 19.56 20.54
Recreation Specialist 16.90 17.75 18.63 19.56 20.54
Reserve Police Officer 25.75 27.04 28.39 29.81 31.30
Sr. Administrative Analyst 21.40 22.47 23.60 24.78 26.02 *Part-Time Classifications State Minimum Wage Increase are effective 1/1/2025 Approved Revision by Council on 1/21/2025 - Added ATCM removed Executive Assistant/Deputy City Clerk

1.30.2025 - Adding 4% to SEA/LPOA Classifications - Approved 2/4/2025

3.18.2025 -Added Police Support Operations Manager removed Administrative Services Manager

4.1.2025 - Updated Salary Range for Public Works Superintendent Added Maintenance Specialist Part-Time Classification - Approved by Resolution on 7/15/2025

11.4.2025 - Approved Code Compliance Officer PT Position

12.2.2025 - Approved updated State Minimum Wage effective 1/1/2026 Mgmt./Confidential
Senior Administrative Analyst Clerical
Senior Administrative Analyst/Comm. Develop. Clerical
Water/Wastewater Operator OIT (in training) AFSCME/Public Works

PART-TIME COMPREHENSIVE PAY SCHEDULE
Water/Wastewater Operator II AFSCME/Public Works
Water/Wastewater Operator III AFSCME/Public Works
Water/Wastewater Manager Mgmt./Confidential
Utility Worker I AFSCME/Public Works
Utility Worker II AFSCME/Public Works
Water/Wastewater Operator I AFSCME/Public Works
Senior Office Assistant Clerical
Senior Planner Mgmt./Confidential
Street Sweeper Operator AFSCME/Public Works
Senior Accountant

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STAFF REPORT
AGENDA ITEM: Resolution Of The City Council Of The City Of Livingston Authorizing And Approving The New Resident Fire Fighter, Fire Engineer, Fire Lieutenant, And Fire Captain Job Descriptions And The Comprehensive Pay Schedule
MEETING DATE: January 20, 2025
PREPARED BY: Arcelia Cruz, Human Resources Coordinator
REVIEWED BY: Jose Ramirez, City Manager
________________________________________________________________________________ RECOMMENDATION:

Staff is requesting that the City Council to approve a Resolution Of The City Council Of The City Of Livingston Authorizing And Approving The New Resident Fire Fighter, Fire Engineer, Fire Lieutenant, And Fire Captain Job Descriptions And The Comprehensive Pay Schedule.

BACKGROUND AND DISCUSSION:

As a result of multiple actions taken by the City Council during 2024 and 2025 concerning the future delivery of fire services, the City, through the City Manager’s Office, engaged Fire Services Consultants to evaluate existing conditions, service demands, and long-term operational requirements. This work was conducted at the direction of the City Council following the County’s decision to terminate fire services in Livingston and subsequent Council actions to ensure continuity of service while transition options were evaluated.

Based on this analysis, the Fire Services Consultants recommended establishing four (4) fire classifications as a foundational step toward achieving the baseline staffing levels necessary to support safe, reliable, and effective emergency response. These positions are intended to reduce reliance on overtime, enhance firefighter safety, and ensure consistent apparatus of staffing in accordance with industry standards.

The recommended classifications are part of a broader effort to establish a municipal fire department, inclusive of associated operational, equipment, and contracted service costs.

Funding for these positions would be considered as part of the adoption of the FY 2026–27 budget, concurrent with City Council consideration of the formal establishment of the Livingston Fire Department and its associated expenses.

At the direction of the City Council, staff is requesting approval of the aforementioned classifications to support upcoming policy discussions and budget planning related to the fire services transition and the long-term delivery of fire protection services.

The proposed salary schedule for the following Fire positions is as follows:

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CLASSIFICATION
Bargaining
Group Type A B C D E
Fire Captain TBD
Hourly 34.20 37.71 41.58 45.84

50.53 Monthly 5,928.83 6,536.54 7,206.53 7,945.20 8,759.00 Annually 71,146.00 78,438.47 86,478.41 95,342.44 105,108.00 Fire Engineer TBD
Hourly 28.19 31.08 34.26 37.77

41.58 Monthly 4,885.67 5,386.45 5,938.56 6,547.26 7,207.83 Annually 58,628.00 64,637.37 71,262.70 78,567.13 86,494.00 Fire Lieutenant TBD
Hourly 31.04 34.22 37.73 41.60 45.81
Monthly 5,380.67 5,932.19 6,540.23 7,210.61 7,941.17
Annually 64,568.00 71,186.22 78,482.81 86,527.30 95,294.00 Resident
Firefighter TBD Daily 400.00 420.00
FISCAL IMPACT:

None at this time. Staff will include the necessary funds to allocate these positions in the FY 2026/27 budget with the establishment of the Fire Department.

ATTACHMENTS:

1. Resolution

2. Fire Department Job Descriptions

3. Comprehensive Pay Schedule – Fire Services

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RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AUTHORIZING

AND APPROVING THE NEW RESIDENT FIRE FIGHTER, FIRE ENGINEER, FIRE

LIEUTENANT, AND FIRE CAPTAIN JOB DESCRIPTIONS AND THE COMPREHENSIVE PAY

SCHEDULE
WHEREAS, Staff recommends that the City Council approve the new Resident Fire Fighter, Fire Engineer, Fire Lieutenant, and Fire Captain job descriptions and the proposed salary ranges as outlined in the Comprehensive Pay Schedule; and WHEREAS, following actions taken by the City Council during 2024 and 2025 regarding the future delivery of fire services, the City engaged Fire Services Consultants, through the City Manager’s Office, to evaluate service demands, operational needs, and staffing requirements necessary to ensure safe, reliable, and sustainable fire protection for the City of Livingston; and WHEREAS, based on the consultants’ analysis and recommendations, the addition of four (4) fire positions is necessary to achieve baseline staffing levels, improve firefighter safety, reduce reliance on overtime, and support the City’s transition toward a locally controlled fire service delivery model; and
WHEREAS, the City Council has directed staff to bring forward the recommended fire positions for consideration, and to include the allocation of these positions as part of the FY 2026–27 budget.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston hereby as follows:

Section 1. Approves and adopts the Resident Fire Fighter, Fire Engineer Lieutenant, and Fire Captain job descriptions and the Comprehensive Pay Schedule.

Section 2. This resolution will become effective immediately.

Exhibit(s):
• Resident Fire Fighter, Fire Engineer, Fire Lieutenant, and Fire Captain Job Description • Comprehensive Pay Schedule
I hereby certify that the foregoing Resolution No. 2026-_ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 20th day of January 2026, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By: _____________________________
Jose A. Moran, Mayor
of the City of Livingston

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ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk

APPROVED AS TO LEGAL FORM
____________________________________
Marc Barraza Tran, City Attorney

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Fire Captain Page 1 of 3

Job Description

Title: Fire Captain FLSA Status: Non-Exempt Created: 1/9/2026 Supervisor: Fire Battalion Chief Supervises: Fire Lieutenants, Firefighters, extra-help or volunteer
personnel as assigned.

Revised:

Job Family: Fire Services Bargaining Unit: TBD Approved:

JOB SUMMARY:

Under general direction, the Fire Captain commands a fire station during an assigned shift; supervises, plans, and participates in fire suppression, emergency medical response, rescue, and fire prevention activities; provides leadership and training to assigned personnel; and performs specialized administrative, training, or fire prevention assignments in support of overall Fire Department objectives.

Distinguishing Characteristics
The Fire Captain is a supervisory classification within the fire service career series. Incumbents serve as incident commanders during emergency operations and are responsible for the day-to-day maintenance, operation, and readiness of assigned stations, apparatus, and personnel. Fire Captains ensure compliance with City policies, departmental procedures, and applicable laws and regulations.

Some positions may include administrative staff assignments such as Training Officer or Fire Prevention Officer. Assignments may require a standard 40-hour workweek or a scheduled shift assignment.

ESSENTIAL DUTIES AND RESPONSIBILITIES:

Duties may include, but are not limited to, the following:
• Plan, organize, direct, and participate in fire suppression, rescue, emergency medical, and fire prevention activities during assigned shifts.
• Respond to fire, medical, rescue, and other emergency incidents; assume command and direct incident operations in accordance with the Incident Command System (ICS). • Supervise station personnel and oversee fire apparatus, tools, and equipment to ensure operational readiness.
• Operate fire apparatus and emergency equipment; assist in fire suppression, emergency medical care, and protection of life, property, and the environment. • Conduct residential and commercial fire inspections to identify and mitigate fire hazards. • Provide public education in fire prevention, emergency preparedness, and life safety. • Train, mentor, and evaluate fire personnel; assist in developing and delivering training programs and drills.
• Ensure adherence to established safety standards, policies, and procedures. • Maintain records and prepare reports related to incidents, personnel, training, inspections, and operations.
• Oversee maintenance of fire stations, grounds, and equipment.

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Fire Captain Page 2 of 3
• Conduct preliminary fire investigations; document findings and, when required, collect and preserve evidence for legal proceedings.
• Assist in budget preparation and expenditure monitoring as assigned. • Serve as Acting Fire Chief when assigned.

Other duties may be assigned that are consistent with this classification.

Minimum Qualifications
To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill and/or ability required. The work environment characteristics and physical demands described here are representative of those an employee encounters while performing the essential functions of this job.

Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Knowledge of:
• Fire suppression and prevention methods, including the Incident Command System. • Operation, use, and maintenance of fire apparatus and firefighting equipment. • Principles of fire prevention, including building construction, fire inspections, and pre-fire planning.
• Mechanical principles related to fire apparatus and equipment. • First aid, CPR, and emergency medical response techniques. • Principles and practices of supervision, training, and fire service administration.

Ability to:
• Plan, direct, and coordinate fire suppression and emergency response activities. • Effectively supervise, train, and evaluate fire personnel. • Make sound decisions and exercise good judgment under emergency conditions. • Analyze situations quickly and adopt effective courses of action. • Communicate clearly and effectively, both orally and in writing. • Establish and maintain effective working relationships with staff, other agencies, and the public. • Prepare accurate reports and maintain operational records. • Operate modern office equipment and fire communications systems Education and Experience:

Licenses and Certifications
Required at time of appointment and to be maintained throughout employment:

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Fire Captain Page 3 of 3
• Valid California driver’s license with appropriate firefighter endorsement. • Emergency Medical Technician (EMT) certification (minimum EMT-B). • Professional Rescuer CPR/AED certification.
• Hazardous Materials First Responder Operations certification (Title 8 CCR compliant). • Incident Command System ICS 300 certification.

Desirable Qualifications
• Associate’s degree or higher in fire science, fire administration, or a related field. • California State Fire Training Company Officer or Fire Officer certification. • State Fire Training Driver/Operator 1A/1B certification. • Fire Investigator, Safety Officer, or Hazardous Materials Incident Commander certifications.

Physical and Working Conditions
• Ability to perform physically demanding work under emergency conditions, including lifting, climbing, and exposure to heat, smoke, and hazardous environments. • Availability for shift work, nights, weekends, holidays, and emergency call-back as required.

This job description is intended to describe the general nature and level of work performed and is not an exhaustive list of all duties, responsibilities, or qualifications The information contained in thisjob description isfor compliance with the Americans with Disabilities Act (AD.A.) and is not an exhaustive list of the duties performed.

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Fire Engineer Page 1 of 3

Job Description

Title: Fire Engineer FLSA Status: Non-Exempt Created: 1/9/2026 Supervisor: Fire Lieutenant,
Fire Captain, or higher-level
Fire Department Staff.

Supervises: May provide indirect
supervision or lead direction to
firefighters and extra-help personnel
in the absence of a Fire Officer.

Revised:

Job Family: Fire Services Bargaining Unit: TBD Approved:

JOB SUMMARY:

Under general supervision, the Fire Engineer drives and operates assigned fire engines and other emergency apparatus in response to fire, medical, rescue, and other emergency calls; performs firefighting, emergency medical, and fire prevention activities; and assists Fire Officers with tactical operations, training, and station maintenance
Distinguishing Characteristics
The Fire Engineer is the first-level full-time driver/operator classification within the Fire Department.

Incumbents are responsible for the safe and efficient operation of fire apparatus and associated mechanical equipment during emergency and non-emergency operations. Employees may serve as relief engineers and may be assigned to various stations or shifts to cover absences due to vacation, training, or other operational needs
ESSENTIAL DUTIES AND RESPONSIBILITIES:

Duties may include, but are not limited to, the following:
• Respond to fire, medical, rescue, and other emergency alarms by driving and operating assigned fire apparatus.
• Operate pumps, ladders, generators, and other mechanical firefighting and rescue equipment. • Assist in fire suppression, emergency medical care, rescue operations, and protection of life, property, and the environment.
• Perform routine inspections, servicing, and minor repairs of fire apparatus, equipment, and tools. • Assist Fire Officers with tactical incident management and direct activities of firefighters until relieved by a Fire Officer.
• Participate in residential and commercial fire inspections to identify and eliminate potential fire hazards.
• Assist in providing public education related to fire prevention and life safety. • Support Fire Officers in training activities, drills, and skill development programs for fire personnel.
• Maintain fire stations, grounds, and equipment to ensure operational readiness. • Prepare and maintain records and reports related to apparatus operation, incidents, and maintenance.
• Ensure compliance with established safety standards, policies, and procedures. • Attend required training sessions, drills, and continuing education programs.

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Fire Engineer Page 2 of 3
• Assist in fire investigations and origin-and-cause determinations as assigned. • Administer emergency medical care within the scope of certification.

Other duties may be assigned that are consistent with this classification.

Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Knowledge of:
• Fire suppression and fire prevention methods, including use of the Incident Command System (ICS).
• Operation, use, and maintenance of fire engines and firefighting apparatus. • Basic principles of fire prevention, building construction, fire inspections, and pre-fire planning. • Mechanical principles related to fire apparatus and allied equipment. • Emergency medical response, including EMT, CPR, and AED procedures Ability to:
• Safely and effectively operate fire apparatus under emergency conditions. • Apply fire suppression and prevention techniques.
• Analyze emergency situations quickly and take appropriate action. • Follow oral and written instructions and communicate clearly. • Work effectively with diverse populations, coworkers, and other agencies. • Maintain accurate records and prepare clear, concise reports. • Operate radio communication and modern office equipment.

Education and Experience:

Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities is:
• Equivalent to completion of the twelfth (12th) grade. • Fire service experience sufficient to demonstrate competency as a Fire Engineer, as determined by the City.

Licenses and Certifications
Required at time of appointment and to be maintained throughout employment:
• Valid California driver’s license.
• Emergency Medical Technician (EMT-B) certification.
• Professional Rescuer CPR/AED certification.
• California State Fire Training Firefighter I certification. • Valid CPAT certificate at time of appointment.

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Fire Engineer Page 3 of 3
Additional certifications may be required to be obtained within specified timeframes pursuant to City policy
Desirable Qualifications
• Vocational Certificate or coursework in Fire Technology. • Firefighter II certification.
• State Fire Training Driver/Operator 1A and 1B certifications. • Rescue Systems, RIC Operations, Low Angle Rescue, Confined Space Rescue, or Firefighter Survival certifications.

Physical and Working Conditions
• Ability to perform strenuous physical activity under hazardous and emergency conditions, including lifting, climbing, bending, and working in extreme heat, smoke, and adverse environments.
• Required to work rotating shifts, nights, weekends, holidays, and emergency call-back assignments.

This job description is intended to describe the general nature and level of work performed and does not list every duty or qualification. Duties and requirements may be modified consistent with City needs and applicable laws.

The information contained in thisjob description isfor compliance with the Americans with Disabilities Act (AD.A.) and is not an exhaustive list of the duties performed.

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Fire Lieutenant Page 1 of 3

Job Description

Title: Fire Lieutenant FLSA Status: Non-Exempt Created: 1/9/2026 Supervisor: Fire Captain or
higher-level Fire Department
Staff
Supervises: Fire Apparatus
Engineers, Firefighters, and extrahelp or volunteer personnel as assigned.

Revised:

Job Family: Fire Services Bargaining Unit: TBD Approved:

JOB SUMMARY:

Under general supervision, the Fire Lieutenant performs the full range of firefighting duties and supervises personnel and operations during an assigned shift. In the absence of a Fire Captain, the Fire Lieutenant assumes responsibility for station operations and incident command. The position participates in fire suppression, emergency medical response, rescue, and fire prevention activities, and provides leadership, training, and direction to assigned staff.

Distinguishing Characteristics
The Fire Lieutenant is a first-line supervisory classification within the Fire Department. Incumbents are responsible for shift supervision, tactical incident management, and day-to-day oversight of fire company operations. Fire Lieutenants provide direct supervision to Fire Apparatus Engineers, Firefighters, and extrahelp personnel, and serve as acting station supervisors when higher-ranking officers are absent.

ESSENTIAL DUTIES AND RESPONSIBILITIES:

Duties may include, but are not limited to, the following:
• Respond to fire, medical, rescue, and other emergency alarms and participate in emergency response operations.
• Perform tactical incident management and direct the activities of fire personnel until relieved by a senior officer.
• Supervise fire company personnel during assigned shifts, including scheduling, work assignments, and performance oversight.
• Drive and operate fire apparatus; operate pumps, ladders, and other firefighting and rescue equipment as required.
• Assist in fire suppression, emergency medical care, rescue operations, and protection of life, property, and the environment.
• Conduct or assist in residential and commercial fire inspections to identify and eliminate fire hazards.
• Provide public education in fire prevention and life safety practices. • Assist in planning, conducting, and evaluating training programs and drills for fire personnel. • Ensure fire stations, apparatus, and equipment are adequately maintained and operationally ready. • Prepare and maintain reports, records, and documentation related to incidents, personnel, training, and inspections.
• Ensure compliance with departmental policies, procedures, safety standards, and applicable laws.

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Fire Lieutenant Page 2 of 3
• Assist in fire investigations and determination of fire origin and cause as assigned. • Administer emergency medical care within the scope of certification.

Other duties may be assigned that are consistent with this classification.

Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Knowledge of:
• Fire prevention and suppression methods, including use of the Incident Command System (ICS). • Operation, use, and maintenance of firefighting apparatus and equipment. • Principles of fire prevention, building construction, fire inspections, and pre-fire planning. • Mechanical principles related to fire apparatus and allied equipment. • First aid, CPR, and emergency medical response techniques. • Firefighter Procedural Bill of Rights (FBOR).
• Fire Department policies and procedures.

Ability to:
• Supervise, train, and direct fire personnel during routine and emergency operations. • Plan, prioritize, and manage daily shift activities.
• Analyze emergency situations quickly and adopt effective courses of action. • Make sound decisions under stressful and time-sensitive conditions. • Communicate clearly and effectively, both orally and in writing. • Establish and maintain effective working relationships with coworkers, other agencies, and the public.
• Prepare accurate and concise reports and maintain operational records. • Operate radio communications and modern office equipment. • Delegate tasks appropriately and provide leadership and mentorship to subordinates.

Education and Experience:

Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities is:
• Equivalent to completion of the twelfth (12th) grade. • Two (2) years of full-time fire suppression and prevention experience, including at least one (1) year at the driver/operator or equivalent level, and completion of an Acting Company Officer task book or equivalent, as determined by the City
Licenses and Certifications
Required at time of appointment and to be maintained throughout employment:

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Fire Lieutenant Page 3 of 3
• Valid California driver’s license with appropriate firefighter endorsement. • Emergency Medical Technician (EMT-I or EMT-B) certification. • Professional Rescuer CPR/AED certification.
• Hazardous Materials Incident Commander or equivalent certification.

Additional certifications may be required pursuant to City or departmental policy.

Desirable Qualifications
• Associate degree or higher in Fire Technology, Fire Science, Public Administration, or a related field.
• California State Fire Marshal Company Officer certification.

Physical and Working Conditions
• Ability to perform physically demanding work under emergency conditions, including lifting, climbing, bending, and working in hazardous and extreme environments. • Required to work rotating shifts, nights, weekends, holidays, and emergency call-back assignments.

This job description is intended to describe the general nature and level of work performed and is not intended to be an exhaustive list of duties, responsibilities, or qualifications. Duties and requirements may be modified consistent with City needs and applicable laws.

The information contained in thisjob description isfor compliance with the Americans with Disabilities Act (AD.A.) and is not an exhaustive list of the duties performed.

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Resident Firefighter Page 1 of 3

Job Description

Title: Resident Firefighter FLSA Status: Non-Exempt Created: 1/9/2026 Supervisor: Fire Crew Leader,
Fire Lieutenant, or assigned Fire
Officer.

Supervises: N/A Revised:

Job Family: Fire Services Bargaining Unit: TBD Approved:

JOB SUMMARY:

Under general supervision, the Resident Firefighter performs firefighting, fire prevention, fuel-reduction, and emergency-response duties as a member of a fire suppression crew. Incumbents assist with wildfire and all-risk emergency operations, station and equipment maintenance, and community fire prevention activities while residing at a City-designated fire facility in accordance with program guidelines Distinguishing Characteristics
The Resident Firefighter classification is an entry-level fire service position designed to support departmental operations while providing training and experience in fire suppression and prevention. Unlike seasonal or extra-help classifications, Resident Firefighters are assigned to a designated fire station or facility and may be required to reside on-site as part of the program. Duties emphasize wildland fire suppression, fuel mitigation, and operational readiness under the direct supervision of Fire Officers.

ESSENTIAL DUTIES AND RESPONSIBILITIES:

Duties may include, but are not limited to, the following:
• Assist in firefighting operations for wildland, urban interface, and other emergency incidents. • Respond to alarms as a member of a fire suppression crew and enter active fire environments as directed.
• Participate in fuel reduction and fire prevention activities, including cutting, piling, chipping, burning, and maintaining fuel breaks, roads, and trails. • Perform fireline construction activities such as digging, raking, pruning, and chainsaw operations. • Operate and maintain hand tools, power tools, and firefighting equipment. • Assist in operating and maintaining fire apparatus and related equipment. • Perform heavy manual labor related to maintenance, construction, clean-up, and emergency operations.
• Participate in regular training, drills, and fire prevention activities. • Assist with fire station, building, grounds, and equipment maintenance. • Inspect, clean, and perform minor repairs on tools and equipment. • Perform general housekeeping duties within fire facilities. • Maintain physical fitness necessary to perform firefighting duties. • Other duties may be assigned that are consistent with this classification.

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Resident Firefighter Page 2 of 3
Minimum Qualifications
To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill and/or ability required. The work environment characteristics and physical demands described here are representative of those an employee encounters while performing the essential functions of this job.

Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Knowledge of:
• Basic maintenance principles and safe work practices. • Use of hand tools, power tools, and firefighting equipment. • Basic mathematical concepts
Ability to:
• Learn firefighting and emergency response techniques through training and observation. • Perform strenuous physical labor in hazardous and outdoor environments. • Follow oral and written instructions quickly, particularly during emergency situations. • Operate tools and equipment safely and effectively.
• Communicate and work effectively with coworkers, supervisors, and the public. • Maintain good physical conditioning and fitness.

Education and Experience:

Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities is:
• Education: Equivalent to completion of the twelfth (12th) grade. • Experience: Experience sufficient to successfully perform the essential duties of the position. • Age Requirement: Must be at least eighteen (18) years of age.

Licenses and Certifications
Required at time of appointment and to be maintained throughout employment:
• Valid California Class C driver’s license.

Desirable Qualifications
• S-130 Firefighter Training certification.
• S-190 Introduction to Wildland Fire Behavior certification. • S-212 Wildland Fire Chainsaws certification.
• AHA or ARC Professional Rescuer CPR and First Aid certification.

Physical and Working Conditions
• Ability to perform physically demanding work, including hiking over uneven terrain, lifting, carrying heavy equipment, and working in extreme weather, heat, smoke, and hazardous conditions.

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Resident Firefighter Page 3 of 3
• May be required to reside at a designated City fire facility and comply with resident program requirements.
• Work schedule may include nights, weekends, holidays, and emergency call-outs.

Conditions of Employment
• Successful completion of a pre-employment drug and alcohol screening. • Background investigation and medical evaluation may be required.

This job description is intended to describe the general nature and level of work performed and is not an exhaustive list of duties, responsibilities, or qualifications. Duties and requirements may be modified consistent with City needs and applicable laws.

The information contained in thisjob description isfor compliance with the Americans with Disabilities Act (AD.A.) and is not an exhaustive list of the duties performed.

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Approved by Council on 12/2/2025
CLASSIFICATION Bargaining Group Type A B C D E F
Hourly 18.25 19.16 20.12 21.13 22.18 23.29
Monthly 3,163.34 3,321.50 3,487.58 3,661.96 3,845.06 4,037.31 Annually 37,960.06 39,858.06 41,850.96 43,943.51 46,140.69 48,447.72 Hourly 29.37 30.84 32.38 34.00 35.70
Monthly 5,090.49 5,345.02 5,612.27 5,892.88 6,187.53
Annually 61,085.94 64,140.24 67,347.25 70,714.61 74,250.34 Hourly 33.99 35.69 37.48 39.35 41.32
Monthly 5,892.38 6,187.00 6,496.35 6,821.17 7,162.22
Annually 70,708.55 74,243.98 77,956.17 81,853.98 85,946.68 Hourly 21.69 22.77 23.91 25.11 26.36 27.68
Monthly 3,759.05 3,947.00 4,144.35 4,351.57 4,569.14 4,797.60 Annually 45,108.56 47,363.99 49,732.18 52,218.79 54,829.73 57,571.22 Hourly 25.77 27.06 28.41 29.83 31.33 32.89
Monthly 4,467.24 4,690.60 4,925.13 5,171.39 5,429.96 5,701.46 Annually 53,606.87 56,287.22 59,101.58 62,056.65 65,159.49 68,417.46 Hourly 25.77 27.06 28.41 29.83 31.33 32.89
Monthly 4,467.24 4,690.60 4,925.13 5,171.39 5,429.96 5,701.46 Annually 53,606.87 56,287.22 59,101.58 62,056.65 65,159.49 68,417.46 Hourly 22.23 23.34 24.51 25.73 27.02 28.37
Monthly 3,853.17 4,045.82 4,248.12 4,460.52 4,683.55 4,917.72 Annually 46,237.99 48,549.89 50,977.39 53,526.26 56,202.57 59,012.70 Hourly 24.05 25.25 26.52 27.84 29.23
Monthly 4,168.75 4,377.19 4,596.05 4,825.85 5,067.14
Annually 50,025.00 52,526.25 55,152.56 57,910.19 60,805.70 Assistant to the City Manager/Deputy City Clerk Mgmt./Confidential Hourly 44.20 46.41 48.73 51.17 53.73 Monthly 7,661.33 8,044.40 8,446.62 8,868.95 9,312.40
Annually 91,936.00 96,532.80 101,359.44 106,427.41 111,748.78 Hourly 20.56 21.59 22.67 23.81 25.00
Monthly 3,564.48 3,742.70 3,929.84 4,126.33 4,332.65
Annually 42,773.76 44,912.45 47,158.07 49,515.97 51,991.77 Hourly 64.53 67.76 71.15 74.71 78.44
Monthly 11,185.89 11,745.18 12,332.44 12,949.07 13,596.52 Annually 134,230.68 140,942.21 147,989.32 155,388.79 163,158.23 Hourly
Monthly 100.00
Annually
Hourly
Monthly 300.00
Annually
Hourly 72.30 76.10 80.11 84.32 88.76
Monthly 12,531.18 13,190.71 13,884.96 14,615.75 15,385.00 Annually 150,374.14 158,288.57 166,619.55 175,389.00 184,620.00 Hourly
Monthly 60.00
Annually
Hourly 25.91 27.20 28.56 29.99 31.49
Monthly 4,490.47 4,714.99 4,950.74 5,198.28 5,458.19
Annually 53,885.64 56,579.93 59,408.92 62,379.37 65,498.34 Hourly 54.49 57.21 60.07 63.08 66.23
Monthly 9,444.58 9,916.81 10,412.65 10,933.28 11,479.95 Annually 113,334.95 119,001.70 124,951.78 131,199.37 137,759.34 Hourly 27.04 28.39 29.81 31.30 32.86
Monthly 4,686.18 4,920.49 5,166.51 5,424.84 5,696.08
Annually 56,234.15 59,045.86 61,998.15 65,098.06 68,352.96 Hourly 19.57 20.55 21.58 22.66 23.79
Monthly 3,392.92 3,562.57 3,740.69 3,927.73 4,124.12
Annually 40,715.04 42,750.79 44,888.33 47,132.75 49,489.39 Hourly 16.90 17.75 18.63 19.56 20.54
Monthly 2,929.34 3,075.81 3,229.60 3,391.08 3,560.63
Annually 35,152.08 36,909.68 38,755.17 40,692.93 42,727.57 Hourly 19.09 20.04 21.04 22.10 23.20
Monthly 3,308.56 3,473.98 3,647.68 3,830.07 4,021.57
Annually 39,702.67 41,687.80 43,772.19 45,960.80 48,258.84 Hourly 52.79 55.43 58.20 61.11 64.16
Monthly 9,149.87 9,607.37 10,087.74 10,592.12 11,121.73 Annually 109,798.48 115,288.40 121,052.82 127,105.46 133,460.73 Hourly 28.07 29.48 30.95 32.50 34.12
Monthly 4,866.22 5,109.53 5,365.01 5,633.26 5,914.92
Annually 58,394.63 61,314.36 64,380.08 67,599.09 70,979.04 Hourly 59.72 62.70 65.84 69.13 72.59
Monthly 10,350.83 10,868.37 11,411.79 11,982.38 12,581.50 Annually 124,209.96 130,420.46 136,941.48 143,788.56 150,977.99 Hourly 33.21 34.88 36.62 38.45 40.37
Monthly 5,757.19 6,045.04 6,347.30 6,664.66 6,997.89
Annually 69,086.22 72,540.53 76,167.56 79,975.94 83,974.73 Hourly 26.32 27.64 29.02 30.47 31.99
Monthly 4,562.27 4,790.38 5,029.90 5,281.39 5,545.46
Annually 54,747.19 57,484.55 60,358.78 63,376.72 66,545.55 Assistant Planner Unrepresented
Building Official Unrepresented
Chief of Police Unrepresented
Account Clerk Clerical
Accountant I Mgmt./Confidential
Administrative Analyst PW Clerical
Administrative Assistant Clerical
Accountant II Mgmt./Confidential
Accounting Technician Clerical
Administrative Analyst Clerical
City Treasurer Elected
Code Compliance Officer LPOA
Community Development Director Mgmt./Confidential
City Clerk Elected
City Council Elected
City Manager Unrepresented
Custodian II AFSCME/Public Works
Director of Public Works Unrepresented
Executive Assistant to the City Manager Mgmt./Confidential Communications/Records Manager Mgmt./Confidential
Community Service Officer Unrepresented
Custodian I AFSCME/Public Works
Lead Maintenance Worker AFSCME/Public Works
Finance Director/Assistant City Manager Unrepresented
Human Resources Coordinator Mgmt./Confidential

COMPREHENSIVE PAY SCHEDULE
Effective: January 1, 2026
- ■
-

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Hourly 26.32 27.64 29.02 30.47 31.99
Monthly 4,562.27 4,790.38 5,029.90 5,281.39 5,545.46
Annually 54,747.19 57,484.55 60,358.78 63,376.72 66,545.55 Hourly 25.10 26.36 27.68 29.06 30.51
Monthly 4,351.41 4,568.98 4,797.43 5,037.31 5,289.17
Annually 52,216.97 54,827.81 57,569.20 60,447.66 63,470.05 Hourly 20.11 21.11 22.17 23.28 24.44
Monthly 3,485.45 3,659.72 3,842.71 4,034.84 4,236.59
Annually 41,825.39 43,916.66 46,112.50 48,418.12 50,839.03 Hourly 23.28 24.45 25.67 26.95 28.30
Monthly 4,035.53 4,237.31 4,449.17 4,671.63 4,905.21
Annually 48,426.37 50,847.69 53,390.07 56,059.58 58,862.55 Hourly 16.90 17.75 18.63 19.56 20.54 21.57
Monthly 2,929.34 3,075.81 3,229.60 3,391.08 3,560.63 3,738.66 Annually 35,152.08 36,909.68 38,755.17 40,692.93 42,727.57 44,863.95 Hourly 62.27 65.38 68.65 72.08 75.68
Monthly 10,792.73 11,332.37 11,898.99 12,493.94 13,118.63 Annually 129,512.80 135,988.44 142,787.86 149,927.26 157,423.62 Hourly 38.04 39.94 41.94 44.04 46.24
Monthly 6,593.93 6,923.63 7,269.81 7,633.30 8,014.97
Annually 79,127.21 83,083.58 87,237.75 91,599.64 96,179.62 Hourly 36.13 37.94 39.84 41.83 43.92
Monthly 6,263.38 6,576.55 6,905.38 7,250.65 7,613.18
Annually 75,160.59 78,918.62 82,864.55 87,007.77 91,358.16 Hourly 37.96 39.86 41.85 43.95 46.14
Monthly 6,580.22 6,909.23 7,254.69 7,617.43 7,998.30
Annually 78,962.65 82,910.78 87,056.32 91,409.13 95,979.59 Hourly 21.05 22.10 23.21 24.37 25.58
Monthly 3,648.30 3,830.72 4,022.25 4,223.36 4,434.53
Annually 43,779.61 45,968.59 48,267.02 50,680.37 53,214.39 Hourly 18.80 19.74 20.73 21.77 22.86
Monthly 3,259.24 3,422.20 3,593.31 3,772.98 3,961.63
Annually 39,110.90 41,066.45 43,119.77 45,275.76 47,539.55 Hourly 28.31 29.73 31.21 32.78 34.41
Monthly 4,907.50 5,152.88 5,410.52 5,681.05 5,965.10
Annually 58,890.00 61,834.50 64,926.23 68,172.54 71,581.17 Hourly 29.74 31.23 32.79 34.43 36.15
Monthly 5,155.61 5,413.39 5,684.06 5,968.27 6,266.68
Annually 61,867.35 64,960.72 68,208.76 71,619.19 75,200.15 Hourly 18.62 19.55 20.53 21.56 22.64
Monthly 3,227.79 3,389.18 3,558.64 3,736.57 3,923.40
Annually 38,733.49 40,670.17 42,703.67 44,838.86 47,080.80 Hourly 17.16 18.02 18.92 19.86 20.86
Monthly 2,974.40 3,123.12 3,279.28 3,443.24 3,615.40
Annually 35,692.80 37,477.44 39,351.31 41,318.88 43,384.82 Hourly 46.44 48.76 51.20 53.76 56.45
Monthly 8,049.38 8,451.85 8,874.44 9,318.16 9,784.07
Annually 96,592.52 101,422.15 106,493.25 111,817.92 117,408.81 Hourly 48.79 51.23 53.79 56.48 59.30
Monthly 8,456.22 8,879.03 9,322.98 9,789.13 10,278.59
Annually 101,474.65 106,548.38 111,875.80 117,469.59 123,343.07 Hourly 51.72 54.30 57.02 59.87 62.86
Police Support Operations Manager Mgmt./Confidential Monthly 8,964.19 9,412.40 9,883.01 10,377.17 10,896.02 Annually 107,570.23 112,948.74 118,596.18 124,525.99 130,752.29 Hourly 21.05 22.10 23.21 24.37 25.58
Monthly 3,648.30 3,830.72 4,022.25 4,223.36 4,434.53
Annually 43,779.61 45,968.59 48,267.02 50,680.37 53,214.39 Hourly 26.38 27.70 29.08 30.53 32.06
Monthly 4,571.88 4,800.48 5,040.50 5,292.53 5,557.15
Annually 54,862.59 57,605.72 60,486.00 63,510.30 66,685.82 Hourly 29.37 30.84 32.38 34.00 35.70
Monthly 5,091.23 5,345.80 5,613.09 5,893.74 6,188.43
Annually 61,094.80 64,149.54 67,357.02 70,724.87 74,261.12 Hourly 39.16 41.12 43.18 45.34 47.60
Monthly 6,788.36 7,127.78 7,484.17 7,858.38 8,251.29
Annually 81,460.32 85,533.34 89,810.00 94,300.50 99,015.53 Hourly 30.75 32.29 33.90 35.60 37.38
Monthly 5,329.89 5,596.38 5,876.20 6,170.01 6,478.51
Annually 63,958.62 67,156.55 70,514.38 74,040.10 77,742.11 Hourly 16.90 17.75 18.63 19.56 20.54 21.57
Monthly 2,929.34 3,075.81 3,229.60 3,391.08 3,560.63 3,738.66 Annually 35,152.08 36,909.68 38,755.17 40,692.93 42,727.57 44,863.95 Hourly 18.24 19.16 20.11 21.12 22.17 23.28
Monthly 3,162.19 3,320.30 3,486.31 3,660.63 3,843.66 4,035.85 Annually 37,946.28 39,843.60 41,835.78 43,927.57 46,123.94 48,430.14 Hourly 25.33 26.60 27.92 29.32 30.79
Monthly 4,390.31 4,609.82 4,840.31 5,082.33 5,336.45
Annually 52,683.70 55,317.88 58,083.78 60,987.97 64,037.37 Hourly 21.16 22.22 23.33 24.50 25.72 27.01
Monthly 3,668.37 3,851.79 4,044.38 4,246.60 4,458.93 4,681.87 Annually 44,020.44 46,221.46 48,532.54 50,959.16 53,507.12 56,182.48 Hourly 46.99 49.34 51.80 54.39 57.11
Monthly 8,144.61 8,551.84 8,979.43 9,428.40 9,899.82
Lead Parks/landscape Worker AFSCME/Public Works
Maintenance Mechanic AFSCME/Public Works
Police Lieutenant Supervisory
Police Commander Supervisory
Police Corporal LPOA
Maintenance Worker I AFSCME/Public Works
Maintenance Worker II AFSCME/Public Works
Office Assistant I Clerical
Police Officer LPOA
Police Officer w/Degree LPOA
Police Public Assistant LPOA
Police Corporal w/Degree LPOA
Police Dispatcher LPOA
Police Office Assistant II LPOA
Public Services Officer LPOA
Public Works Lead AFSCME/Public Works
Public Works Street Supervisor Mgmt./Confidential
Police Records Assistant LPOA
Police Sergeant Supervisory
Police Sergeant w/Degree Supervisory
Clerical
Recreation Superintendent Mgmt./Confidential
Senior Account Clerk Clerical
Public Works Superintendent Mgmt./Confidential
Public Works Supervisor Water Division Mgmt./Confidential Recreation Coordinator Clerical
Senior Accountant Mgmt./Confidential
Recreation Specialist

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Annually 97,735.32 102,622.09 107,753.19 113,140.85 118,797.89 Hourly 28.45 29.88 31.37 32.94 34.59 36.32
Monthly 4,932.10 5,178.70 5,437.64 5,709.52 5,995.00 6,294.75 Annually 59,185.18 62,144.44 65,251.66 68,514.25 71,939.96 75,536.96 Hourly 30.01 31.51 33.09 34.74 36.48 38.30
Monthly 5,201.83 5,461.92 5,735.02 6,021.77 6,322.86 6,639.00 Annually 62,421.98 65,543.08 68,820.23 72,261.24 75,874.31 79,668.02 Hourly 16.90 17.75 18.63 19.56 20.54 21.57
Monthly 2,929.34 3,075.81 3,229.60 3,391.08 3,560.63 3,738.66 Annually 35,152.08 36,909.68 38,755.17 40,692.93 42,727.57 44,863.95 Hourly 35.95 37.75 39.63 41.61 43.70
Monthly 6,231.08 6,542.63 6,869.76 7,213.25 7,573.92
Annually 74,772.95 78,511.60 82,437.18 86,559.03 90,886.99 Hourly 21.64 22.72 23.85 25.05 26.30
Monthly 3,750.24 3,937.75 4,134.64 4,341.37 4,558.44
Annually 45,002.87 47,253.01 49,615.66 52,096.45 54,701.27 Hourly 22.74 23.87 25.07 26.32 27.64
Monthly 3,941.16 4,138.22 4,345.13 4,562.39 4,790.51
Annually 47,293.92 49,658.62 52,141.55 54,748.63 57,486.06 Hourly 25.10 26.36 27.68 29.06 30.51
Monthly 4,351.41 4,568.98 4,797.43 5,037.31 5,289.17
Annually 52,216.97 54,827.81 57,569.20 60,447.66 63,470.05 Hourly 30.52 32.05 33.65 35.33 37.10
Monthly 5,290.11 5,554.62 5,832.35 6,123.96 6,430.16
Annually 63,481.32 66,655.39 69,988.15 73,487.56 77,161.94 Hourly 34.60 36.33 38.15 40.06 42.06
Monthly 5,998.11 6,298.02 6,612.92 6,943.56 7,290.74
Annually 71,977.32 75,576.18 79,354.99 83,322.74 87,488.88 Hourly 38.75 40.69 42.72 44.86 47.10
Monthly 6,716.34 7,052.15 7,404.76 7,775.00 8,163.75
Annually 80,596.05 84,625.85 88,857.14 93,300.00 97,965.00 Hourly 40.95 42.99 45.14 47.40 49.77
Monthly 7,097.50 7,452.37 7,824.99 8,216.24 8,627.05
Annually 85,169.95 89,428.45 93,899.87 98,594.86 103,524.60 Transitional Phase for Water/Wastewater Operators
Hourly 25.07 26.33 27.64 29.02 30.47 32.00
Monthly 4,345.73 4,563.02 4,791.17 5,030.73 5,282.26 5,546.38 Annually 52,148.78 54,756.22 57,494.03 60,368.73 63,387.17 66,556.52 CLASSIFICATION Bargaining Group Type A B C D E F
Hourly 34.20 37.71 41.58 45.84 50.53
Monthly 5,928.83 6,536.54 7,206.53 7,945.20 8,759.00
Annually 71,146.00 78,438.47 86,478.41 95,342.44 105,108.00 Hourly 28.19 31.08 34.26 37.77 41.58
Monthly 4,885.67 5,386.45 5,938.56 6,547.26 7,207.83
Annually 58,628.00 64,637.37 71,262.70 78,567.13 86,494.00 Hourly 31.04 34.22 37.73 41.60 45.81
Monthly 5,380.67 5,932.19 6,540.23 7,210.61 7,941.17
Annually 64,568.00 71,186.22 78,482.81 86,527.30 95,294.00 Resident Firefighter TBD Daily 400.00 420.00
* Degree includes: AA, BA, Intermediate or Advanced Post Certificates. No compounding for multiple degrees or certificates as stated in the MOU's.

Positions are filled on a full-time or part-time basis as determined by the City Manager.

CLASSIFICATION STEP

PART-TIME COMPREHENSIVE PAY SCHEDULE
Water/Wastewater Operator II AFSCME/Public Works
Water/Wastewater Operator III AFSCME/Public Works
Water/Wastewater Manager Mgmt./Confidential
Utility Worker I AFSCME/Public Works
Utility Worker II AFSCME/Public Works
Water/Wastewater Operator I AFSCME/Public Works
Fire Captain TBD
Fire Engineer TBD
Fire Lieutenant TBD

FIRE SERVICES COMPREHENSIVE PAY SCHEDULE
Water/Wastewater Operator OIT (in training) AFSCME/Public Works Senior Office Assistant Clerical
Senior Planner Mgmt./Confidential
Street Sweeper Operator AFSCME/Public Works
Senior Accountant Mgmt./Confidential
Senior Administrative Analyst Clerical
Senior Administrative Analyst/Comm. Develop. Clerical

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Police Records Assistant 16.90 17.75 18.63 19.56 20.54
Recreation Leader 16.90 17.75 18.63 19.56 20.54
Recreation Specialist 16.90 17.75 18.63 19.56 20.54
Reserve Police Officer 25.75 27.04 28.39 29.81 31.30
Sr. Administrative Analyst 21.40 22.47 23.60 24.78 26.02 *Part-Time Classifications State Minimum Wage Increase are effective 1/1/2025 Approved Revision by Council on 1/21/2025 - Added ATCM removed Executive Assistant/Deputy City Clerk

1.30.2025 - Adding 4% to SEA/LPOA Classifications - Approved 2/4/2025

3.18.2025 -Added Police Support Operations Manager removed Administrative Services Manager

4.1.2025 - Updated Salary Range for Public Works Superintendent Added Maintenance Specialist Part-Time Classification - Approved by Resolution on 7/15/2025

11.4.2025 - Approved Code Compliance Officer PT Position

12.2.2025 - Approved updated State Minimum Wage effective 1/1/2026

I I I I

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STAFF REPORT
AGENDA ITEM: Resolution Calling For A General Municipal Election For The Submission Of A Proposed Ballot Measure To Change The Position Of The City Clerk From An Elected Position To An Appointed Position, And Requesting The Board Of Supervisors Of Merced County To Consolidate The General Municipal Election With The Statewide General Election, To Be Held November 3, 2026.

MEETING DATE: January 20, 2026
PREPARED BY: Marc Tran, City Attorney

REVIEWED BY: Jose Antonio Ramirez, City Manager

RECOMMENDATION:

Adopt a resolution calling for a general municipal election for the submission of a proposed ballot measure to change the position of the City Clerk from an elected position to an appointed position, and requesting the Board of Supervisors of Merced County to consolidate the general municipal election with the statewide general election, to be held November 3, 2026.

BACKGROUND:

The City Clerk position is currently an elected position in the City of Livingston ("City"). Robert Wallis was elected to the office on November 5, 2024, but was subsequently appointed to fill a vacancy on the City Council on February 4, 2025. By operation of law, upon appointment to the office of City Councilmember, Mr. Wallis vacated the office of City Clerk. On April 1, 2025, Katherine Schell Rodriguez was appointed City Clerk for a two (2) year term, which will expire on November 3, 2026.

Monica Cisneros currently serves as Deputy City Clerk and manages the day-to-day responsibilities associated with the City Clerk. At the December 2, 2025, meeting, the Livingston City Council expressed interest in submitting a ballot measure to the voters to change the City Clerk position from an elected position to an appointed one.

DISCUSSION:

State law requires all general law cities, such as the City of Livingston, to have a City Clerk, who may be appointed or elected.1 The basic duties of the City Clerk are to take minutes of City Council meetings, serve as the custodian of City records and serve as the City's elections official.2 Currently, the City Clerk is elected every four years as provided by state law. The last election was in 2024, and the current term expires in 2028. 1 See Gov. Code, §§ 36501, 36508. 2 See Gov. Code, § 40801 et seq.; Elec. Code, § 320.

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The office of the City Clerk has evolved over the years, requiring a number of specific skills and an understanding of the law in order to fully perform the responsibilities of the position. The City Clerk serves as an elections official in the context of administering federal, state, and local procedures through which government representatives are selected. The City Clerk is responsible for assisting candidates for office in meeting their legal responsibilities both before, during and after an election. The City Clerk also takes a lead role in agenda preparation, posting of notices and agendas, and records the decisions of the City Council. This includes the preparation of minutes, ordinances, proclamations, and resolutions. The City Clerk acts as Records Manager in the oversight of the preservation and protection of public records. This requires knowledge of the California Public Records Act and records retention laws.

The only qualifications in state law for an elected city clerk are that the individual must be over the age of 18, a Livingston resident, and a registered voter in Livingston.3 If voters approve making the City Clerk an appointed position, the City Council would have the authority to establish additional qualifications for the City Clerk, such as education and experience requirements, and to appoint the person they find best qualified regardless of that person’s place of residence. The appointed City Clerk will serve at the pleasure of the City Council.4

Ballot Procedure
If the City Council wants to change the City Clerk position from elected to appointed, the City Council must adopt a resolution submitting to the voters a ballot measure to the City voters in 2026 asking whether the City Clerk should be an appointed position ("Ballot Measure").5 This is accomplished by adopting a resolution that submits the proposed ballot measure wording to the Merced County Clerk/Registrar of Voters and directs the City Attorney to prepare an impartial analysis of the measure. The proposed resolution is attached hereto.

If the City Council approves putting the measure on the ballot, any member of the City Council authorized by the City Council, may file a written argument for or against any city measure.

Arguments of not more than three hundred (300) words each for and against any ballot measure will then be included in the voter information guide.6
A qualified rebuttal argument may not
exceed two hundred fifty (250) words.7

The City Clerk generally must fix a date fourteen (14) days from the calling of the election (the date of adoption of the attached resolution) as a deadline, after which no arguments for or against a city measure may be submitted for printing and distribution to the voters.8 However, when the election is consolidated with another election, as is the case here, the requirement for submitting argument for inclusion with the voter information guide materials within fourteen (14) 3 See Gov. Code § 36502.
4 Gov. Code, § 36510. 5 See Gov. Code, § 36508.
6 See Elections Code § 9282(b). 7 See Elections Code § 9285. 8 See Elections Code § 9286(a).

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days from the calling of the election does not apply. 9 The City Clerk may fix a date exceeding fourteen (14) days from the date of the adoption of this resolution for the submission of arguments in favor or opposed to the ballot measure.

Only one argument for and one against each ballot measure will be accepted by City Clerk and provides for an orderly process in determining who is eligible to submit a statement. If more than one argument for or more than one argument against the measure is received by the deadline, the City Clerk must select only one argument for and against, giving preference and priority pursuant to the following order:

1. The legislative body, or member or members of the legislative body authorized by that body.

2. The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure.

3. Bona fide associations of citizens.

4. Individual voters who are eligible to vote on the measure.10 In the event the City Council decides to author an argument as a whole body, this could be accomplished in several ways in compliance with the Brown Act. The Council could write the argument in open session or delegate up to two (2) Council members to prepare the argument and present the draft to the whole Council for approval in an open session. Alternatively, the City Council could authorize up to two (2) Council Members to author and sign the argument either with the Council’s consent to include the name and title of the non-authoring members of the City Council or without any such inclusion. If this last option is adopted, the Council should be fully aware that it is delegating the authorship of the argument entirely and there would be no opportunity to amend the argument once delegated
Election Outcome
If a majority of the voters answer "yes" to the question, then the City Clerk position will be an appointed position and the City Council can appoint a person to the City Clerk office at the expiration of the current City Clerk’s term, or upon a vacancy in the office, on an ongoing basis.11 Absent a vacancy, the City Clerk position will not become appointive until the expiration of the City Clerk’s term of office on November 7, 2028.

Of note, Government Code section 36510 permits the City Council, by ordinance, to vest in the City Manager its authority to appoint the City Clerk. Whether this occurs or not is a question to be resolved after the election. Because the question to be put on the ballot used at the election is dictated with precise language, the City Council may not deviate from the language set forth in that section.12 The issue of whether the power to appoint shall be delegated to the City Manager, either with or without Council authority to ratify any such appointment, can be resolved after the election.
9 See Elections Code § 9286(b). 10 See Elections Code § 9287. 11 See Gov. Code, § 36510. 12 See Gov. Code, § 36509.

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If the majority of voters vote "no" on the question then the position will remain elected, and the City cannot submit the Ballot Measure again to the voters for eleven (11) months.13 The City Council must hold an election to fill the City Clerk position at the end of each term.14 Staff recommends that the City Council submit the Ballot Measure to change the City Clerk position from an elected position to an appointed position at the next general municipal election, since doing so would be more economical than holding a special election. The next general municipal election is on November 3, 2026, the first Tuesday after the first Monday in November in an even-numbered year.
15 The City Council can consolidate the Ballot Measure
election with the statewide general election. Doing so would allow the Ballot Measure to appear on the general election ballot.16
If consolidated, Merced County ("County") will conduct the election on the City's behalf.17 The proposed resolution requests a consolidated election and must be adopted at least eighty eight (88) days prior to the date of the statewide general election.18 Once adopted it must be filed with the Merced County Board of Supervisors and the Merced Registrar of Voters.19 Staff recommends that the City Council authorize the City Attorney to prepare an impartial analysis and authorize a subcommittee of two members of the City Council to submit arguments in support of the measure. Staff also recommends that the City Council authorize a subcommittee of two members of the City Council to submit rebuttal arguments to respond to arguments submitted against the Ballot Measure.20
FISCAL IMPACТ:

The fiscal impact associated with submitting the ballot measure to the voters will depend on the costs the County will incur to conduct the election, since the City must reimburse the County for the costs of conducting the election.21 The costs of having the election, however, will be offset by the savings the City will receive from avoiding the costs of holding an election for the City Clerk position in the future.

OPTIONS:

1. The City Council may adopt the proposed resolution, calling a general municipal election for the submission of a proposed ballot measure to change the position of the City Clerk from an elected position to an appointed position, and requesting that the Merced Board of Supervisors 13 See Gov. Code, § 36508, 36510.
14 See Gov. Code, § 36503. 15 See Livingston Municipal Code §1-5-3. 16 See Elec. Code, § 10403. 17 See Elec. Code, § 10403, 10418. 18 Elec. Code, § 10403. 19 See ibid. 20 See Elec. Code, § 9280, 9282. 21 See Elec. Code, § 10002.

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consolidate the general municipal election with the statewide general election, to be conducted on November 3, 2026.

2. The City Council may choose to reject the proposed resolution.

3. The City Council may continue the item and request additional information and analysis from staff. Since the City must adopt the resolution at least eighty-eight (88) days prior to the election, this option may delay the City from submitting the proposed Ballot Measure to the County. The deadline to request consolidation with the general election is Friday, August 7, 2026.

ATTACHMENTS:

1. Resolution

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RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON,

CALIFORNIA, CALLING FOR A MUNICIPAL ELECTION TO BE

CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION ON
NOVEMBER 3, 2026, SEEKING VOTER APPROVAL TO CONVERT THE

OFFICE OF CITY CLERK TO AN APPOINTED OFFICE, SETTING DATES FOR

THE SUBMISSION OF ARGUMENTS IN FAVOR OF OR AGAINST THE

BALLOT MEASURE, AND REQUESTING THE ASSISTANCE OF THE

COUNTY OF MERCED IN CONNECTION WITH THAT ELECTION
WHEREAS, the City Council desires to submit to the voters of the City of Livingston at a General Municipal Election to be consolidated with the Statewide General Election on November 3, 2026, a question relating to the City Clerk position; and, WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the Registrar of Voters Office of the County of Merced canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and, WHEREAS, Livingston’s elected City Clerk position was established in or around 1922; and,
WHEREAS, over time, the duties and requirements of this position have evolved; and, WHEREAS, in a majority of California cities this position is appointed, not elected; and, WHEREAS, Government Code section 36508 provides that the City Council may submit a measure to the voters asking if the City Clerk position should be an appointive office.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON, CALIFORNIA, DOES RESOLVE AS FOLLOWS:

SECTION 1. That the City Council, pursuant to its right and authority and to the requirements of the State of California, does call a General Municipal Election to be held and consolidated with the Statewide General Election scheduled for Tuesday, November 3, 2026, and orders submitted to the voters at the General Municipal Election the following question:

MEASURE # ____: APPOINTIVE CITY
CLERK
Shall the office of the City Clerk be
appointive?
YES
NO

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SECTION 2. That the proposed measure submitted to the voters shall read:

The City Clerk shall no longer be an elective official in the City of Livingston. From and after November 2028, or upon earlier vacancy in the office of City Clerk, the City Clerk shall be appointed by the City Council. The City Clerk so appointed shall hold office at the pleasure of the City Council and, notwithstanding California Government Code section 36502 to the contrary, is not required to be a resident or elector in the City. The City Council may by Ordinance vest in the City Manager its authority to appoint the City Clerk and City Treasurer.

SECTION 3. If the voters approve converting this elected office into an appointed position, the proposition is adopted, and the City Council shall appoint such officer. The appointment becomes effective upon the earlier of either a vacancy or the end of the current term of office (i.e., November 2028).

SECTION 4. That the City Council may by ordinance vest in the City Manager its authority to appoint such officer.

SECTION 5. The ballots to be used at the election shall be in the form and content as required by law.

SECTION 6. That pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of the County of Merced is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 3, 2026.

SECTION 7. That the Board of Supervisors of the County of Merced is requested to issue instructions to the Registrar of Voters Office to take any and all steps necessary for the holding of the consolidated election.

SECTION 8. That the Registrar of Voters of the County of Merced is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide/general election.

SECTION 9. That the City of Livingston recognizes that additional costs will be incurred by the County of Merced by reason of this consolidation and agrees to reimburse the County for any costs.

SECTION 10. The election on this measure shall be held, voting precincts designated, ballots be printed, polls opened and closed, ballots counted and returned, returns canvassed, the returns made, and result ascertained and determined, and all other proceedings conducted in connection with the election, under the regulations of the Registrar of Voters of Merced County, in accordance with the provisions of the law governing general municipal elections in general law cities.

SECTION 11. The City Council authorizes all members of the City Council to file written argument(s) In Favor of or Against the measure described in Section 1 above, not exceeding 300 words, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California.

SECTION 12. An argument for or against the measure shall not exceed 300 words in length. If more than one argument is submitted for the measure or more than one argument against the measure, the City Clerk shall select the argument to be included with the ballot materials. The arguments may be changed or withdrawn until and including the date fixed by the

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City Clerk, after which no arguments for or against the measure may be submitted to the City Clerk.

SECTION 13. The primary arguments for and against the measure shall be submitted to the City Clerk by five p.m. on August 10, 2026, to meet the deadline established by the Merced County Registrar of Voters for primary arguments. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement to Be Filed by Author(s) of the Argument to be provided by the City Clerk.

SECTION 14. In accordance with Elections Code section 9285(b), the City of Livingston hereby authorizes the filing of rebuttal arguments as set forth below and in accordance with state law.

The elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments.

The author, or a majority of the authors, of any argument relating to the measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument.

A rebuttal argument may not be signed by more than five authors.

The rebuttal arguments shall be filed with the City Clerk, signed with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers, by five p.m. on August 17, 2026, to meet the deadline established by the Merced County Registrar of Voters for rebuttal arguments. The rebuttal arguments shall be accompanied by the Form of Statement to be provided by the City Clerk and to be filed by the author(s) of the argument.

Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

SECTION 15. The City Attorney shall prepare an impartial analysis of the measure.

SECTION 16. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 17. If, at the election, a majority (50% plus 1) of the votes cast on the measure are in favor of the measure, then the measure shall be deemed to have been accepted and approved by the votes upon the date that the City of Livingston declares the vote and shall go into effect ten (10) days after that date, pursuant to Section 9217 of the Elections Code.

SECTION 18. That notice of the time and place of holding the election is given, and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election in time, form, and manner as required by law.

SECTION 19. That the City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original Resolutions.

I hereby certify that the foregoing Resolution No. 2026- is a full, true and correct copy of a resolution duly passed and adopted by City Council of the City of Livingston at a regular meeting

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thereof duly held on 20th day of January 2026, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By: ______________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
____________________________________
Marc Tran, City Attorney

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STAFF REPORT
AGENDA ITEM: Resolution Calling For A General Municipal Election For The Submission Of A Proposed Ballot Measure To Change The Position Of The City Treasurer From An Elected Position To An Appointed Position, And Requesting The Board Of Supervisors Of Merced County To Consolidate The General Municipal Election With The Statewide General Election, To Be Held November 3, 2026.

MEETING DATE: January 20, 2026

PREPARED BY: Marc Tran, City Attorney

REVIEWED BY: Jose Antonio Ramirez, City Manager

RECOMMENDATION:

Adopt a resolution calling for a general municipal election for the submission of a proposed ballot measure to change the position of the City Treasurer from an elected position to an appointed position and requesting the Board of Supervisors of Merced County to consolidate the general municipal election with the statewide general election, to be held November 3, 2026.

BACKGROUND:

The City Treasurer position is currently an elected position in the City of Livingston ("City"). On February 4, 2025, Parwinder Uppal was appointed City Treasurer for a two (2) Year Term. At the December 2, 2025, meeting, the Livingston City Council expressed interest in submitting a ballot measure to the voters to change the City Treasurer from an elected position to an appointed position. Treasurer Uppal will hold the position until November 2026, at which point a candidate may be elected to fill the vacancy and shall hold office for the unexpired balance of the term of office, or November 2028.1
DISCUSSION:

State law requires all general law cities, such as the City of Livingston, to have a City Treasurer, who may be appointed or elected.2 The basic duties of the City Treasurer are to assure the proper handling of all municipal funds and oversee the investment of these funds, to comply with all laws governing depositing and securing public funds; to pay money on properly executed warrants and to submit monthly written reports and accounting of receipts.3 Currently, the City Treasurer is elected every four years as provided by state law. The current term of the city treasurer expires in 2028.
1 See, Gov. Code § 36512.
2 See Gov. Code, §§ 36501, 36508. 3 See Gov. Code, §§ 41001 - 41005.

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There were no candidates for City Treasurer in the November 5, 2024, election. Due to the difficulty in filling the position through the process of election, and the specific skills required to fully perform the responsibilities of the position, staff believes that it would be more appropriate to designate the position as an appointed one.

The only qualifications in state law for an elected city treasurer are that the individual must be over the age of 18, a Livingston resident, and a registered voter in Livingston.4 If voters approve making the City Treasurer an appointed position, the City Council would have the authority to establish additional qualifications for the City Treasurer, such as education and experience requirements, and to appoint the person they find best qualified regardless of that person’s place of residence. The appointed City Treasurer will serve at the pleasure of the City Council.5

Ballot Procedure
If the City Council wants to change the City Treasurer position from elected to appointed, the City Council must adopt a resolution submitting to the voters a ballot measure to the City voters in 2026 asking whether the City Treasurer should be an appointed position ("Ballot Measure").6 This is accomplished by adopting a resolution that submits the proposed ballot measure wording to the Merced County Clerk/Registrar of Voters and directs the City Attorney to prepare an impartial analysis of the measure. The proposed resolution is attached hereto.

If the City Council approves putting the measure on the ballot, any member of the City Council authorized by the City Council, may file a written argument for or against any city measure.

Arguments of not more than three hundred (300) words each for and against any ballot measure will then be included in the voter information guide.7
A qualified rebuttal argument may not
exceed two hundred fifty (250) words.8

The City Clerk generally must fix a date fourteen (14) days from the calling of the election (the date of adoption of the attached resolution) as a deadline, after which no arguments for or against a city measure may be submitted for printing and distribution to the voters.9 However, when the election is consolidated with another election, as is the case here, the requirement for submitting argument for inclusion with the voter information guide materials within fourteen (14) days from the calling of the election does not apply. 10 The City Clerk may fix a date exceeding fourteen (14) days from the date of the adoption of this resolution for the submission of arguments in favor or opposed to the ballot measure.

Only one argument for and one against each ballot measure will be accepted by City Clerk and provides for an orderly process in determining who is eligible to submit a statement. If more than one argument for or more than one argument against the measure is received by the deadline, 4 See Gov. Code § 36502.
5 Gov. Code, § 36510. 6 See Gov. Code, § 36508.
7 See Elections Code § 9282(b). 8 See Elections Code § 9285. 9 See Elections Code § 9286(a). 10 See Elections Code § 9286(b).

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the City Clerk must select only one argument for and against, giving preference and priority pursuant to the following order:

1. The legislative body, or member or members of the legislative body authorized by that body.

2. The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure.

3. Bona fide associations of citizens.

4. Individual voters who are eligible to vote on the measure.11 In the event the City Council decides to author an argument as a whole body, this could be accomplished in several ways in compliance with the Brown Act. The Council could write the argument in open session or delegate up to two (2) Council members to prepare the argument and present the draft to the whole Council for approval in an open session. Alternately, the City Council could authorize up to two (2) Council Members to author and sign the argument either with the Council’s consent to include the name and title of the non-authoring members of the City Council or without any such inclusion. If this last option is adopted, the Council should be fully aware that it is delegating the authorship of the argument entirely and there would be no opportunity to amend the argument once delegated
Election Outcome
If a majority of the voters answer "yes" to the question, then the City Treasurer position will be an appointed position and the City Council can appoint a person to the City Treasurer office at the expiration of the current City Treasurer’s term, or upon a vacancy in the office, on an ongoing basis.12 Absent a vacancy, the City Treasurer position will not become appointive until the expiration of the City Treasurer’s term of office on November 3, 2026.

Of note, Government Code section 36510 permits the City Council, by ordinance, to vest in the City Manager its authority to appoint the City Treasurer . Whether this occurs or not is a question to be resolved after the election. Because the question to be put on the ballot used at the election is dictated with precise language, the City Council may not deviate from the language set forth in that section.13 The issue of whether the power to appoint shall be delegated to the City Manager, either with or without Council authority to ratify any such appointment, can be resolved after the election.

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since doing so would be more economical than holding a special election. The next general municipal election is on November 3, 2026, the first Tuesday after the first Monday in November in an even-numbered year.
16 The City Council can consolidate the Ballot Measure
election with the statewide general election. Doing so would allow the Ballot Measure to appear on the general election ballot.17
If consolidated, Merced County ("County") will conduct the election on the City's behalf.18 The proposed resolution requests a consolidated election and must be adopted at least eighty eight (88) days prior to the date of the statewide general election.19 Once adopted it must be filed with the Merced County Board of Supervisors and the Merced Registrar of Voters.20 Staff recommends that the City Council authorize the City Attorney to prepare an impartial analysis and authorize a subcommittee of two members of the City Council to submit arguments in support of the measure. Staff also recommends that the City Council authorize a subcommittee of two members of the City Council to submit rebuttal arguments to respond to arguments submitted against the Ballot Measure.21
FISCAL IMPACТ:

The fiscal impact associated with submitting the ballot measure to the voters will depend on the costs the County will incur to conduct the election, since the City must reimburse the County for the costs of conducting the election.22 The costs of having the election, however, will be offset by the savings the City will receive from avoiding the costs of holding an election for the City Treasurer position in the future.

OPTIONS:

1. The City Council may adopt the proposed resolution, calling a general municipal election for the submission of a proposed ballot measure to change the position of the City Treasurer from an elected position to an appointed position, and requesting that the Merced Board of Supervisors consolidate the general municipal election with the statewide general election, to be conducted on November 3, 2026.

2. The City Council may choose to reject the proposed resolution.

3. The City Council may continue the item and request additional information and analysis from staff. Since the City must adopt the resolution at least eighty-eight (88) days prior to the 16 See Livingston Municipal Code §1-5-3. 17 See Elec. Code, § 10403. 18 See Elec. Code, § 10403, 10418. 19 Elec. Code, § 10403. 20 See ibid. 21 See Elec. Code, § 9280, 9282. 22 See Elec. Code, § 10002.

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election, this option may delay the City from submitting the proposed Ballot Measure to the County. The deadline to request consolidation with the general election is Friday, August 7, 2026.

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RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON,

CALIFORNIA, CALLING FOR A MUNICIPAL ELECTION TO BE

CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION ON
NOVEMBER 3, 2026, SEEKING VOTER APPROVAL TO CONVERT THE

OFFICE OF CITY TREASURER TO AN APPOINTED OFFICE, SETTING

DATES FOR THE SUBMISSION OF ARGUMENTS IN FAVOR OF OR

AGAINST THE BALLOT MEASURE, AND REQUESTING THE ASSISTANCE

OF THE COUNTY OF MERCED IN CONNECTION WITH THAT ELECTION WHEREAS, the City Council desires to submit to the voters of the City of Livingston at a General Municipal Election to be consolidated with the Statewide General Election on November 3, 2026, a question relating to the City Treasurer position; and, WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the Registrar of Voters Office of the County of Merced canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and, WHEREAS, Livingston’s elected City Treasurer position was established in or around 1922; and,
WHEREAS, over time, the duties and requirements of this position have changed; and, WHEREAS, in a majority of California cities this position is appointed, not elected; and, WHEREAS, Government Code section 36508 provides that the City Council may submit a measure to the voters asking if the City Treasurer position should be an appointive office.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON, CALIFORNIA, DOES RESOLVE AS FOLLOWS:

SECTION 2. That the proposed measure submitted to the voters shall read:

The City Treasurer shall no longer be an elective official in the City of Livingston. From and after November 2028, or upon earlier vacancy in the office of City Treasurer, the City Treasurer shall be appointed by the City Council. The City Treasurer so appointed shall hold office at the pleasure of the City Council and, notwithstanding California Government Code NO
MEASURE # __: APPOINTIVE CITY CLERK YES
Shall the office of the City Treasurer be appointive?
I I

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section 36502 to the contrary, is not required to be a resident or elector in the City. The City Council may by Ordinance vest in the City Manager its authority to appoint the City Treasurer.

SECTION 4. That the City Council may by ordinance vest in the City Manager its authority to appoint such officer.

SECTION 5. The ballots to be used at the election shall be in the form and content as required by law.

SECTION 9. That the City of Livingston recognizes that additional costs will be incurred by the County of Merced by reason of this consolidation and agrees to reimburse the County for any costs.

SECTION 11. The City Council authorizes all members of the City Council to file

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written argument(s) In Favor of or Against the measure described in Section 1 above, not exceeding 300 words, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California.

SECTION 14. In accordance with Elections Code section 9285(b), the City of Livingston hereby authorizes the filing of rebuttal arguments as set forth below and in accordance with state law.

A rebuttal argument may not be signed by more than five authors.

Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

SECTION 15. The City Attorney shall prepare an impartial analysis of the measure.

SECTION 16. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 18. That notice of the time and place of holding the election is given, and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election

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in time, form, and manner as required by law.

SECTION 19. That the City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original Resolutions.

I hereby certify that the foregoing Resolution No. 2026- is a full, true and correct copy of a resolution duly passed and adopted by City Council of the City of Livingston at a regular meeting thereof duly held on 20th day of January 2026, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By: ______________________________
Jose A. Moran, Mayor
of the City of Livingston

ATTEST:

___________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM

____________________________________
Marc Tran, City Attorney

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STAFF REPORT
AGENDA ITEM: Resolution Authorizing Implementation Of A Health Reimbursement Account (HRA) Program
MEETING DATE: January 20, 2025
PREPARED BY: Arcelia Cruz, Human Resources Coordinator
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff recommends that the City Council approve Resolution Authorizing Implementation of a Health Reimbursement Account (HRA) Program.

BACKGROUND AND DISCUSSION:

On July 15, 2025, the City of Livingston received communication from Public Agency Coalition Enterprise (PACE) Management and Executive Committee that retirees aged 65 and older are not eligible for medical coverage under the PACE medical plan. The Committee approved continued medical coverage through January 31, 2026, contingent upon the City reimbursing a portion of claims costs.

As an alternative solution to continue to afford retirees and eligible dependents who have been identified and have been impacted by loss of medical coverage beyond January 31, 2026, the City will roll out an HRA program that will provide reimbursement to retirees and covered dependents for the Supplemental Medicare Plan F or Plan G in addition to the Plan D Rx prescription plan.

DISCUSSION:
• Program Overview:

The Proposed HRA Program would be funded entirely by the City with an annual allocation of $60,000.00. Currently we have seven (7) eligible retirees over the age of 65 and six (6) eligible dependents.
• Eligibility:

Post Retirees of age 65 plus employed by the City as of July 1, 1989. • Administration:

The program would be administered by Keenan, the City's health benefit/insurance brokerage firm, ensuring compliance with IRS regulations. • Benefits:

Provide HRA to cover the associated cost for supplemental Medicare coverage Plan F and/or Plan G to identified/eligible retirees and covered dependents in addition to Plan D Rx plan.

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Implementation Plan:
• Meeting with third-party administrator (TPA)
• Establish reimbursement limits
• Communicate program details to eligible/identified retirees • Launch target date: February 18, 2026
FISCAL IMPACT:

No fiscal impact on the FY2025/2026 adopted budget.

ATTACHMENTS:

1. Resolution

2. HRA Service Agreement

3. Health Reimbursement Arrangements – Implementation Book

4. Sample Communication Materials

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RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AUTHORIZING

IMPLEMENTATION OF HEALTH REIMBURSEMENT ACCOUNT (HRA) PROGRAM WHEREAS, Staff recommends that the City Council approve the implementation of Health Reimbursement Account (HRA) program for identified retirees and eligible dependents, authorize the City Manager to execute necessary agreements, and direct staff to proceed with program rollout; and
WHEREAS, on July 15, 2025, the City of Livingston received communications from Public Agency Coalition Enterprise ( PACE) Management and Executive Committee that retirees aged 65 and older are not eligible for medical coverage under the PACE medical plan. The Committee approved continuation of medical coverage through January 31, 2026, contingent upon the City reimbursing a portion of claims costs; and WHEREAS, as an alternative solution to continue to afford retirees and eligible dependents who have been identified and have been impacted by loss of medical coverage beyond January 31, 2026, the City will roll out an HRA program that will provide reimbursement to retirees and covered dependents for the Supplemental Medicare Plan F or Plan G in addition to the Plan D Rx prescription plan; and
WHEREAS, the City of Livingston desires to use Keenan as the plan administration of HRA program ensuring compliance with IRS regulations; and
WHEREAS, such HRA established by the City of Livingston will be administered in accordance with the Plan documents provided in the service agreements; and WHEREAS, implementation of the HRA Program will have no fiscal impact to the adopted FY20256/2026 budget.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston that I hereby:

1. Authorizes the City Manager to execute necessary documents, and direct staff to proceed with program rollout.

2. Funds the HRA Program with Employer contributions in the amounts determined by plan documents.

3. Finds the above recitals are true and correct.

4. Give authorization to the Finance Department to create a new HRA Account.

5. This resolution is effective immediately upon adoption.

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AYES:

NOES:

ABSENT:

ABSTAIN:

By: ______________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
____________________________________
Marc Barraza Tran, City Attorney

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SERVICE AGREEMENT

HEALTH REIMBURSEMENT ARRANGEMENT
This Service Agreement (“Agreement”) is made and entered into by and between City of Livingston (“Employer”) and Keenan & Associates (“Keenan”), as of January 1, 2026(“Effective Date”).

RECITALS
WHEREAS. Employer seeks to establish a Health Reimbursement Arrangement (“HRA”); WHEREAS, Keenan provides certain services to employers seeking to establish HRAs and acts as broker of record for annuities purchased for HRAs; and
WHEREAS, MidAmerica Administrative Solutions, Inc. (“MidAmerica”), is a provider of administrative services and technical support for HRAs and WHEREAS, Employer desires to utilize the services of Keenan and MidAmerica for its HRA.

THEREFORE, IN CONSIDERATION OF the mutual covenants herein contained and for other good and valuable consideration the receipt and sufficiency is hereby acknowledged, it is mutually agreed as follows:

AGREEMENT

1. TERM
This Agreement shall be for an initial term of three years (the “Initial Term”), beginning with the Effective Date of this Agreement and expiring on December 31, 2029. Upon expiration of the Initial term, the Agreement shall automatically renew for successive one (1) year terms (each renewal year a “Successive Term” and, collectively with the Initial Term, the “Term”), provided that either party may terminate the Agreement at any time without cause or penalty upon no less than ninety (90) days written notice to the other.

2. KEENAN SERVICES AND RELATIONSHIP OF THE PARTIES
A. Employer elects and Keenan shall provide the services indicated in Exhibit A attached hereto and incorporated herein (“Services”).

B. The relationship of Keenan and Employer shall be that of an independent contractor and Keenan shall at all times remain responsible for its own operational and personnel expenses. Under no circumstance shall any employee of one party look to the other party for any payment or the provision of any benefit, including without exception, workers’ compensation coverage. Except as may be expressly set forth in or contemplated by this Agreement, neither party shall have the right to act on behalf of the other, or to bind the other to any contract or other obligation.

C. In providing the Services, Keenan shall act exclusively in an advisory and consultative capacity. Employer shall at all times have the right to determine whether to act on or

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implement the information, recommendations, and suggestions provided by Keenan, and the manner by which any such action or implementation shall be undertaken.

Except for Keenan’s responsibilities with respect to funds obtained from or on behalf of Employer, Keenan shall not be a fiduciary of Employer.

D. Keenan shall not provide any legal, tax, or accounting service, advice, or opinion, and the Services shall not be interpreted as representing any such service, advice or opinion.

Employers shall consult its own attorney on all legal issues and its own tax and accounting experts on all tax, accounting, and financial matters relating to its operations, including without limitation, the establishment, implementation and operation of the HRA.

E. In providing its Services, Keenan shall comply with all applicable state and federal laws and regulations, and obtain and maintain all necessary licenses, registrations, and/or permits necessary for the performance of its duties under this Agreement.

F. The Services provided to Employer are non-exclusive and Keenan reserves the right to provide the same or similar services to other Employers who may be in the same industry, business, or service as Employer.

3. EMPLOYER’S DUTIES AND RESPONSIBILITIES
A. Employer shall retain decision-making authority for its HRA, and shall manage the dayto-day activities of the HRA, except for those duties and/or functions expressly assigned to Keenan under this Agreement or to MidAmerica under the Administrative Services Agreement executed contemporaneously herewith.

B. Employer shall provide Keenan with timely access to such information and individuals, including its outside advisors and consultants, as may be necessary for Keenan to perform the Services. Keenan shall not be responsible for any delay in its performance that results from the failure of Employer, or any person acting on behalf of Employer, to make available any information or individual in a timely manner.

C. All information provided to Keenan, either in anticipation of or during the term of this Agreement, shall be complete and accurate, and that Keenan may rely upon such information.

D. Employer shall execute the Broker of Record Designation attached hereto as Exhibit B.

4. COMPENSATION
A. Keenan shall receive compensation for the Services as set forth on Exhibit C.

B. Keenan shall comply with all applicable state and/or federal laws and regulations regarding disclosure of compensation. We embrace industry efforts for transparency and believe it is important that Employers have access to information that may be relevant to their choice of insurance products, including the cost of such insurance and services, and, the compensation that may be directly or indirectly paid to Keenan in connection

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with the products or services that are selected. If you have questions regarding any of these items or desire additional information, you may contact your Keenan account representative to discuss this matter in more detail.

5. INSURANCE
Keenan shall procure and maintain during the term of this Agreement the following insurance coverages and shall provide certificates of insurance to Client upon Client’s request.
(1) Workers’ Compensation. Workers’ Compensation Insurance in conformance with the laws of the State of California and applicable federal laws. (2) General Liability Insurance. General Liability Insurance with a Two Million Dollar ($2,000,000) limit of liability for each occurrence and a Two Million Dollar ($2,000,000) aggregate limit of liability.
(3) Automobile Liability Insurance. Automobile Liability Insurance with a Two Million Dollar ($2,000,000) limit of liability for each occurrence and a Two Million Dollar ($2,000,000) aggregate limit of liability.
(4) Professional Liability Insurance. Professional Liability Insurance with a Two Million Dollar ($2,000,000) limit of liability for each claim and a Two Million Dollar ($2,000,000) aggregate limit of liability.

(5) Cyber Liability/Privacy Insurance. Cyber Liability Insurance with a Two Million Dollar ($2,000,000) limit of liability for each claim and a Two Million Dollar ($2,000,000) aggregate limit of liability.

6. INDEMNIFICATION
If either party breaches this Agreement, then the breaching party shall defend, indemnify the non-breaching party, its officers, agents and employees against all claims, losses, demands, actions, liabilities, and costs (including, without limitation, reasonable attorneys’ fees and expenses) arising from such breach. In addition, if Keenan (i) becomes the subject of a subpoena or is otherwise compelled to testify or (ii) becomes the subject of a claim, demand, action or liability brought or asserted by any individual or entity other than the Client (“Third-Party Demand”) relating to the Services and such Third-Party Demand is not a direct result of Keenan’s negligence or willful misconduct, then Client shall defend, indemnify Keenan from all losses, payments, and expenses incurred by Keenan in resolving such Third-Party Demand.

Notwithstanding the foregoing, as a condition precedent to the indemnification of attorney fees and/or legal expenses, the indemnifying party shall select and approve the work of outside counsel for which the indemnified party seeks indemnification. Alternatively, a party may select and direct the work of its own legal counsel without prior notice to or approval of the other, except that there will be no indemnification for any attorney fees and/or legal expenses so incurred by such party.

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7. LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in this Agreement, in no event shall either party be liable for any punitive damages, fines, penalties, taxes or any indirect, incidental damages incurred by the other party, its officers, employees, agents, contractors or consultants whether or not foreseeable and whether or not based in contract or tort claims or otherwise, arising out of or in connection with this Agreement even if advised of the possibility of such damage. Keenan’s liability under this Agreement shall further be limited to, and shall not exceed, the amount of its available insurance coverage, but not exceeding the limits of coverage outlined in Section 5.

8. DISPUTE RESOLUTION
A. In the event of any dispute arising out of or relating to this Agreement, such dispute shall be resolved by submission to binding arbitration before Judicial Arbitration & Mediation Services (“JAMS”) or ADR Services, at the claimant's choice, in Los Angeles County, California, before a retired judge or justice. If the parties are unable to agree on a retired judge or justice, the selected arbitration service (JAMS or ADR Services) will select the arbitrator.

B. In any such arbitration, the parties shall be entitled to take discovery in accordance with the provisions of the California Code of Civil Procedure, but either party may request that the arbitrator limit the amount or scope of such discovery, and in determining whether to do so, the arbitrator shall balance the need for the discovery against the parties’ mutual desire to resolve disputes expeditiously and inexpensively.

C. The prevailing party in any action, arbitration, or proceeding arising out of or to enforce any provision of this Agreement will be awarded reasonable attorneys’ fees and costs incurred in that action, arbitration, or proceeding, or in the enforcement of any judgment or award rendered.

9. TERMINATION
A. This Agreement may be terminated upon the occurrence of any of the following events:

i. By either party upon the dissolution or insolvency of a party to this Agreement; ii. By either party following the filing of a bankruptcy petition by or against either party (if the petition is not dismissed within sixty (60) days in the case of an involuntary bankruptcy petition);
iii. If the application of any law, rule, regulation, or court or administrative decision prohibits the continuation of this Agreement or would cause a penalty to either party if the Agreement is continued, and if the Agreement cannot be amended to conform to such law, rule, regulation, or court or administrative decision in a manner that would preserve the original intent of the parties with respect to their rights and duties under this Agreement; or

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iv. By the non-breaching party if a breach of this Agreement is not cured within thirty (30) days following receipt of written notice of the breach from the nonbreaching party.

B. Termination of this Agreement shall terminate the Administrative Services Agreement entered into between Employer and MidAmerica. Neither Keenan nor MidAmerica (except as specifically provided for under the Administrative Services Agreement) shall be obligated to provide any further service to the HRA as of the termination date of this Agreement. It shall be the sole responsibility of the Employer to provide, directly or through an alternate service provider. Additionally, the termination of this Agreement and the subsequent termination of MidAmerica Administrative Services Agreement may result in the termination of the group annuity contract purchased for the HRA. In such event, HRA assets may be subject to surrender charges if so stated in the carrier’s group annuity contract.

10. GENERAL
A. This Agreement, its recitals and all exhibits attached to the Agreement contain the entire understanding of the parties related to the subject matter covered by this Agreement and supersede all prior and collateral statements, presentations, communications, reports, agreements or understandings, if any, related to such matter(s).

B. This Agreement is made for the benefit of the parties and is not intended to confer any third-party benefit or right. The enforcement of any remedy for a breach of this Agreement or claim related to the Services may only be pursued by the parties to this Agreement.

C. No modification or amendment to this Agreement shall be binding unless it is in writing and signed by authorized representatives from both parties. Any waiver or delay by a party in enforcing this Agreement shall not deprive that party of the right to take appropriate action at a later time or due to another breach. This Agreement shall be interpreted as if written jointly by the parties.

D. Any provision determined by a court of competent jurisdiction to be partially or wholly invalid or unenforceable shall be severed from this Agreement and replaced by a valid and enforceable provision that most closely expresses the intention of the invalid or unenforceable provision. The severance of any such provision shall not affect the validity of the remaining provisions of this Agreement.

E. Neither party shall be liable or deemed to be in default for any delay or failure in performance under this Agreement resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, power outages, failure of computer systems, machinery or supplies, vandalism, strikes, or other work interruptions, or any similar or other cause that is beyond the reasonable control of either party. Each party shall make a good faith effort to perform under this Agreement in the event of any such circumstances, and shall resume full performance once the cause of the delay has abated.

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F. All notices hereunder shall be in writing and sent to the parties at the addresses as set forth below, or to such other individual or address as a party may later designate. Notices shall be sent via personal delivery, courier service, United States mail (postage pre-paid, return receipt requested), or express mail service. Notice shall be effective when delivered, or if refused, when delivery is attempted. Notices delivered during nonworking hours shall be deemed to be effective as of the next business day.

If the notice relates to a legal matter or dispute, a copy shall be sent to:

Keenan and Associates
2355 Crenshaw Blvd., Ste. 200
Torrance, CA 90501
Attn: Legal Department
A courtesy copy, not sufficient notice by itself, is hereby requested to the fax number and/or email referenced below.

G. Neither this Agreement nor Keenan’s duties hereunder may be assigned without the prior written approval of Employer.

H. This Agreement may be executed in counterparts and by fax signatures and each shall be deemed to be an original.

I. Each person signing this Agreement on behalf of a party represents and warrants that he or she has the necessary authority to bind such party and that this Agreement is binding on and enforceable against such party.

City of Livingston Keenan & Associates
Signature: Signature:

By: Jose Antonio Ramirez By: J. Daniel Keenan
Title: City Manager Title: Senior Vice President
Signature: Address 2355 Crenshaw Blvd., Ste. 200
Torrance, CA 90501
By: Maria S. Sullivan Phone 310-212-0363
Title: Deputy City Attorney Fax: 310-328-6793
Address 1416 C Street
Livingston, CA 95334
Attention: J. Daniel Keenan
Phone: 209-394-8041 E-mail: [email protected]
Fax:

Attention: Jose Antonio Ramirez
E-mail: [email protected]

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EXHIBIT A
Keenan’s Services
Keenan shall:

1. With respect to Plan Design Consulting & Oversight:
a) Determine Plan Provisions
b) Plan Setup Assistance

2. Select vendors to provide products and services to the program (“Vendors”).

3. Evaluate and review the performance of the Vendors.

4. In its discretion, remove, replace or change Vendors.

5. Act as liaison between Employer and the Vendors.

6. Act as Broker in securing one or more group annuity contracts for Employer’s HRA.

7. Conduct periodic meetings with Employer to review the status of its HRA

8. Inform Employer of any changes affecting the program, including, without limitation, any change in Vendors.

9. Coordinate the services of the Vendors.

10. Assist Employer in the implementing of the HRA.

11. Provide ongoing consultation to Employer with respect to the HRA.

12. Work with the Vendors to resolve any customer service issues

13. Review communication, sales, marketing and customer service materials prepared by Vendors.

14. Assist Employer in informing its employees about the availability of the HRA.

15. Assist Employer in providing educational programs about the HRA to employees.

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EXHIBIT B
Broker of Record Designation
This letter confirms that as of January 1, 2026, the organization listed below (“Employer”) has appointed Keenan & Associates (“Keenan”) as the Broker of Record for the group annuity contract(s) to be issued in conjunction with Employer’s HRA.

It is understood and agreed that American United Life Insurance Company (“AUL”) is currently Keenan’s exclusive provider of group annuity products for HRAs.

Employer shall not seek to acquire annuity products directly from any insurance carrier or through any other broker for its HRA.

Keenan is authorized to provide a copy of this letter to AUL, and/or any subsequent HRA annuity provider, to demonstrate Keenan’s authority to obtain one or more annuities for Employer’s HRA.

This appointment rescinds any and all previous appointments Employer may have made with respect to the HRA, and shall remain in full force and effect until Employer terminates its Service Agreement with Keenan.

Employer authorizes Keenan to provide representatives of prospective insurers and other coverage providers with all information regarding Employer, its operations, employees, and financial status as may be necessary for AUL, and/or any subsequent group annuity provider, to issue the group annuity contract to Employer.

Acknowledged and agreed to by:

City of Livingston Keenan & Associates
Signature: Signature:

By: Jose Antonio Ramirez By: J. Daniel Keenan
Title: City Manager Title: Senior Vice President
Signature:

Date:

By: Maria S. Sullivan
Title: Deputy City Attorney
Date:

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Exhibit C
Compensation

Client shall pay Keenan a one-time consulting fee of N/A($0). This fee is due during the first year of the contract. Payment will be due in full thirty (30) days following receipt of Keenan’s invoice. Keenan shall have the right to suspend performance of its Services if any payment remains unpaid for more than thirty (30) days from the due date.

In exchange for the administrative and other services provided by Keenan to MidAmerica and the carrier(s) providing annuities for the HRA program, Keenan shall receive certain fees and/or commissions from MidAmerica and such carrier(s). Keenan shall receive $3 per employee of the Administrative Fee collected by Mid America as specified in the agreement executed between the Client and MidAmerica. Notwithstanding the foregoing, Client shall pay a minimum monthly Administrative Fee of $75.00 per month. Of the monthly minimum MidAmerica shall receive $50.00 and Keenan will receive $25.00 for their respective services.

If Keenan receives any commissions from the sale of annuities, such commissions will be as provided for under a separate agreement between Keenan and the applicable carrier(s).

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0 HRA Information Form.doc Page 1 of 1
Information Form
Please complete this first page and the information provided will appear where applicable throughout the remaining documents. Not every space will be filled in, so please review the documents. If there is a space for you to complete, you may type directly in that area or click on the boxes that pertain to your plan.

Employer Name:

Street Address:

City: State: Zip:

Employer Phone:

Employer Fax:

Tax ID Number:

Effective Date:

Plan Year End:

Employer Contact for Plan Document & Compliance Updates (Signee):

Contact Name & Title:

Contact Phone Number:

Contact Email Address:

Employer Contact for Payroll (Contributions, Data Requirements and Billing) Contact Name & Title:

Contact Phone Number:

Contact Email Address:

Employer Contact for Protected Health Information (HRA & FSA Only) Contact Name & Title:

Contact Phone Number:

Contact Email Address:

Does Employer sponsor a FSA plan?
If yes, please provide FSA Plan Administrator Contact Information below.

FSA Administrator Name:

FSA Administrator Address:

FSA Administrator Phone:

FSA Administrator Contact:

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HRAImplRev 6.2.2011
2855 Interstate Drive, Suite 115, Lakeland, FL 33805
863.688.4500 / (FAX) 863.686.9557 / 800.430.7999
www.mymidamerica.com
Health Reimbursement Arrangement

I M P L E M E N T A T I O N B O O K

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Health Reimbursement Arrangement
Table of Contents
Table of Contents
Tab
Overview ....................................................................................................................................................... 1 Sample Employer Resolution ....................................................................................................................... 1 Adoption Agreement* ................................................................................................................................... 2 Plan Document .............................................................................................................................................. 3 Trust Adoption Agreement* ......................................................................................................................... 4 Trust Document* .......................................................................................................................................... 5 Service Agreement* ...................................................................................................................................... 6 HIPAA Business Associate Addendum* ...................................................................................................... 6 New Business Agreement* ........................................................................................................................... 7 GWN Investment Disclosure Form (variable business only)* ..................................................................... 7 GWN Client Account Form (variable business only)* ................................................................................. 7 *Requires employer signature(s)

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Health Reimbursement Arrangement for Retirees

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Health Reimbursement Arrangement for Retirees

ADOPTION AGREEMENT
for
Employer Address:

Employer Telephone Number:

Employer Identification Number:
    
The undersigned Employer, by executing this Adoption Agreement, hereby adopts and implements the Health Reimbursement Arrangement for Retirees (hereinafter referred to as the “Plan” or the “HRA”) and agrees to abide by the terms of the Plan. With this Adoption Agreement, and by its authorized signature below, the Employer hereby makes the following designations.

Effective Date. The Plan’s Original Effective Date is . The Plan’s Restated Effective Date is . The Plan is available to Retirees of the Employer effective .

Plan Year. The Plan Year ends on .

Eligible Classes. The class or classes of Retirees covered by this Plan are: (See attached Class Specifications.) Class RetA: Class RetB:

Class RetC: Class RetD:

Class RetE: Class RetF:

Designation of Plan Administrator. The Employer hereby designates the following initial Plan Administrator: MidAmerica Administrative & Retirement Solutions, Inc.

Designation of Individuals to Have Access to Protected Health Information (“PHI”). The following Employees, classes of Employees, or other persons shall be given access to the PHI to be disclosed:

The Employer hereby agrees to the provisions of the Plan and has executed this Adoption Agreement on this day of , 20 .

Name of Employer:

Signature:

Print Name:

Title:

Employer CONTACT (print):

Title:

E-Mail:

Telephone: Ext.

Fax:

IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action.

Retiree HRA Adoption Agreement – Rev. 07.2015

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Health Reimbursement Arrangement for Retirees

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Employer Representations
 The Employer intends to reduce its Retirees' medical expenses by providing reimbursement of such expenses, in a limited capacity.
 The Employer may allow Retirees to participate in both the HRA and the Special Pay Plan (403(b)).  Retirees are not permitted to make any election or choice between cash, the HRA, and/or the Special Pay Plan, or any other tax deferred program.
 The Employer will base HRA allocations on its estimates of the costs required to provide a certain amount of medical reimbursements to its Retiree population as that population approaches Medicare age.  The Employer has discretion in determining classes of Employees eligible to participate in the Retiree HRA. Once determined, Retirees in the class shall be treated uniformly and be provided a uniform allocation to the HRA. Such class shall remain in effect for the Employer's entire fiscal year for all affected Retirees in such year and for all future contributions to such class. Each year, the Employer may reevaluate allocations and classes for new Retirees only.  The Employer may gather information from the Retiree to determine the appropriate allocation to the HRA, but individual Participants are not allowed to elect or to determine their allocation.  The Employer will monitor all rehires to ensure that less than two employees are in the Retiree HRA Plan.  The Employer acknowledges that it has received the Plan document for the HRA and agrees with all the terms therein.  The Employer understands that whether a contribution to the HRA is non-elective for tax purposes is a facts and circumstances determination, and the Employer is responsible for whether the contribution is truly non-elective or not. The Employer understands that MidAmerica Administrative & Retirement Solutions, Inc. and its agents and employees are not tax or legal advisors. They may provide general information regarding the tax treatment of health reimbursement arrangements, but the Employer should consult with its own tax or legal advisors as to how tax and other rules may apply to its own facts and circumstances.
 The Employer will not provide any information or forms or enter into any contracts inconsistent with the preceding.

Effective Date Employer Initials
Retiree HRA Adoption Agreement – Rev. 07.2015

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Health Reimbursement Arrangement for Retirees

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Eligible Class RetA:

Defined as:

Employment Status Upon the initial contribution to the Plan, Participant employment status shall be:

Retiree Active with no access to benefit until retirement or separation of service Contribution Types All funds for the Plan shall come exclusively from the Employer and shall be determined in accordance with the following formula:

Dollar Amount Percentage of Compensation or Retirement Pay Contribution Frequency
One Time Annually Quarterly
Semi-Annually Monthly Other
Vesting Schedule Participants shall own their account balance in accordance with the following vesting schedule:
100% Immediate
100% upon Retirement, meeting the Employer’s eligible requirements for retirement 100% upon Separation of Service
Other
100% upon death (can be selected in addition to “other” above) Forfeitures Employees who are not 100% vested under the Vesting Schedule at the time of termination shall forfeit their unvested funds. In the event of the death of the Participant, the Participant’s spouse, and all of the Participant's qualifying dependents, any vested funds remaining in the account shall be forfeited. In the event that the Participant opts out of participation in the Plan, all vested and unvested funds shall be forfeited. Forfeitures shall:

Reduce future Employer contributions
Be redistributed pro-rata at the end of each Plan Year to all Plan Participants who are actively employed as of the end of the Plan Year Run-off Times Participants will be allowed 0 (zero) days to continue incurring expenses after the date that their Participation in the Plan ends. The Run-off time for Participants to submit claims for reimbursement from funds that shall be forfeited will be 90 (ninety) days. The Run-off time for funds that shall be forfeited due to death will be one year.

Reimbursements Reimbursements shall be for:

All eligible Medical Expenses specified in section 213(d) of the Internal Revenue Code Limited Purpose
Post Deductible
Premium Only Medical Expenses
HRA/FSA Ordering
The Employer maintains a Flexible Spending Account (FSA) plan in which Participants may elect to participate.

The Plan permits reimbursements for expenses eligible to be reimbursed by the FSA plan and therefore the HRA shall not reimburse before expenses exceeding the dollar amount of any FSA have been paid.

The Plan permits reimbursements for Limited Purpose, Deductible or Premium Only expenses which are not eligible to be reimbursed by the FSA plan and therefore the HRA shall reimburse before the Participant’s FSA account is exhausted.

Administration Fees: Administrative Fees are paid by the Employer. ____________________________________________________________________________________________________________________ Manual Claim Fees: Not Applicable.

Reimbursement Eligibility A Participant shall be eligible for reimbursement of medical expenses at the time selected below.

Immediate
Upon becoming 100% vested
Upon Retirement or Separation of Service
Investment Selection Investment Provider:

Type of Investment: Fixed annuity only Variable annuities – Default Forfeiture Default Employer directed
Participant directed; restrictions are:

None
100% vested
At Retirement
Account balance in excess of $
Other
Funds limited (see attachment)
Effective Date Employer Initials
Retiree HRA Adoption Agreement – Rev. 07.2015

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Health Reimbursement Arrangement for Retirees

PLAN DOCUMENT
The Plan’s Original Effective Date is . The Plan’s Restated Effective Date is . The Plan is available to Employees of the Employer effective .

HRA for Retirees – Rev. 01.2021

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Plan Document Table of Contents
Page
Introduction.................................................................................................................................................. 3 Legal Status.................................................................................................................................................. 3 Participation................................................................................................................................................. 3 Participant Opt Out...................................................................................................................................... 3 Benefits and Eligibility for Benefits............................................................................................................ 4 Funding ........................................................................................................................................................ 4 Interest Credit............................................................................................................................................... 5 Vesting .......................................................................................................................................................... 5 Continuation Coverage ................................................................................................................................ 5 Plan Investments.......................................................................................................................................... 5 Plan Administrator....................................................................................................................................... 5 Administrative Fees...................................................................................................................................... 5 Administration.............................................................................................................................................. 6 Death Benefit................................................................................................................................................ 6 Plan Amendments........................................................................................................................................ 7 Involuntary Access to Funds....................................................................................................................... 7 Plan Termination......................................................................................................................................... 7 HIPAA Compliance ..................................................................................................................................... 7 Claims Procedure......................................................................................................................................... 9

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Introduction
The Employer has established and adopted the MidAmerica Administrative & Retirement Solutions, Inc.

Health Reimbursement Arrangement for Retirees (the “Plan”) to enable eligible former employees and their dependents to be reimbursed tax-free for eligible medical and dental expenses. Contributions to the Plan shall be made by the Employer and credited to Participants' accounts. Claims for reimbursement shall be processed and reimbursements paid out on a tax-free basis for medical expenses in accordance with Internal Revenue Service Guidelines for Health Reimbursement Agreements, IRS Publication 502, Internal Revenue Code (the "Code") Sections 213(d), 105 and 106 as described in Revenue Ruling 2002-41 and IRS Notice 2002-45.

Legal Status
This Plan is intended to qualify as an employer-provided medical reimbursement plan under Code Sections 105 and 106 and regulations issued thereunder, as a health reimbursement arrangement as described in IRS Notice 2002-45 and Revenue Ruling 2002-41, and to comply with IRS Notice 2013-54 and shall be interpreted to accomplish those objectives. The expenses reimbursed under the Plan are intended to be eligible for exclusion from Participants' gross income under Code Section 105(b).

Notwithstanding anything to the contrary, the portion of the Plan that reimburses Highly Compensated Individuals, as defined in Code Section 105(h), for premiums paid under an insured plan shall be treated as a separate plan that is not subject to the requirements of Code Section 105(h), pursuant to Treasury Regulation Section 1.105-11(b)(2).

Participation
Eligible former employees of the class or classes set forth by the Employer in the Plan Adoption Agreement will be Participants in the Plan. Notwithstanding any election in the Plan Adoption Agreement to the contrary, eligible former employees of the class or classes set forth by the Employer in the Plan Adoption Agreement who are Highly Compensated Individuals, as defined in Code Section 105(h), and whose benefits exceed those of other Plan Participants, will be Participants only in that portion of the Plan that reimburses Participants for "premium only medical expenses," as described below. Under no circumstances are such individuals eligible for reimbursements of any medical and dental expenses other than premium expenses. For purpose of this section, a retiree who was a Highly Compensated Individual prior to his or her retirement from the Employer shall be treated as a Highly Compensated Individual thereafter and during retirement.

Participation Opt Out
At least once per Plan Year, Participants shall be entitled to permanently opt out of participation in the Plan.

Any such opt out will result in the forfeiture of the Participant’s account balance, including any vested funds, and the waiver of any future reimbursements from the Plan. The Participant may, however, continue to submit claims for reimbursement of expenses incurred prior to the opt out date, pursuant to the Run-Off Times section of the Plan Adoption Agreement. Any forfeited amount shall be applied as elected by the Employer in the Plan Adoption Agreement.

In the event that the Participant is reemployed as an active employee of the Employer and terminates employment with the Employer, the Participant shall be entitled to permanently opt out of participation in the Plan at the time of termination. In addition to the forfeiture of unvested funds as provided for in the Forfeiture section of the Plan Adoption Agreement, any such opt out will result in the forfeiture of any vested funds and the waiver of any future reimbursements from the Plan. The Participant may, however, continue to submit claims for reimbursement of expenses incurred prior to the opt out date, pursuant to the Run-Off Times section of the Plan Adoption Agreement. Any forfeited amount shall be applied as elected by the Employer in the Plan Adoption Agreement.

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Benefits and Eligibility for Benefits
A Participant shall be entitled to reimbursements of eligible medical and dental expenses upon the occurrence of the event selected in the Plan Adoption Agreement, but in no event until after expenses exceeding the dollar amount of any flexible spending arrangement ("FSA") in which the Participant shall also participate have been paid, or, if the medical or dental expense is reimbursable from a health savings account ("HSA"), amounts shall only be available from this Plan in accordance with paragraph 9 of the Administration section herein.

If the Employer indicates in the Adoption Agreement that Reimbursements shall be for "all eligible section 213(d) medical expenses," eligible medical and dental expenses for purposes of this Plan are those expenses that are:
a. incurred by the Participant, spouse or tax dependent (as defined in paragraph 9 of the “Administration” section);
b. incurred for Medical Care - "Medical Care" shall have the same meaning as in section 213(d) of the Code, and shall include all amounts paid for the diagnosis, cure, mitigation, treatment, or prevention of disease, or for the purpose of affecting any structure or function of the body, as interpreted from time to time through regulations and guidance released by the Internal Revenue Service and other applicable regulatory authorities. For purposes of the Plan, Medical Care may include premiums for medical and dental coverage, including premiums under part B and part D of title XVIII of the Social Security Act (relating to supplementary medical insurance for the aged and prescription drug coverage, respectively); and c. not compensated through insurance and not paid for with a tax-free distribution from a Medical Savings Account (MSA), Health Savings Account (HSA), or Health Flexible Spending Arrangement and not attributable to a deduction allowed under Code section 213(d) for any prior taxable year.

If the Employer indicates in the Adoption Agreement that reimbursements shall be for "premium only medical expenses," eligible medical and dental expenses for purposes of this Plan are those expenses that are:
a. incurred by the Participant, spouse or tax dependent (as defined in paragraph 9 of the “Administration” section);
b. premiums for medical and dental coverage, including premiums under part B and part D of title XVIII of the Social Security Act (relating to supplementary medical insurance for the aged and prescription drug coverage, respectively); and c. not paid for with a tax-free distribution from a Medical Savings Account (MSA) or Health Savings Account (HSA) and not attributable to a deduction allowed under Code section 213(d) for any prior taxable year.

Funding
All funds for the Plan shall come exclusively from the Employer and shall constitute either a specified dollar amount and/or a specific percentage of the former employees’ compensation or retirement pay as the Employer shall from time to time determine. The amount or percentage to be determined by the Employer shall be subject to, and not in contravention of, the Employer’s obligations to its former employees. Subject to any vesting schedule which may be elected in the Plan Adoption Agreement, all funds in the Plan belong to the individual Participants as allocated to their accounts. Also subject to any vesting schedule which may be elected in the Plan Adoption Agreement, once funds are allocated to the Plan, the Employer relinquishes all right, title, control, and interest to such funds.

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Interest Credit
Interest shall be credited on a daily basis to Participant accounts based on the rate credited by the underlying AUL fixed annuity investment option. If variable annuity investments are allowed pursuant to the Adoption Agreement, earnings and losses shall be credited on a daily basis based on the investment funds selected.

Vesting
Funds in a Participant’s account shall vest and be available to pay eligible medical expenses in accordance with the vesting schedule elected by the Employer in the Plan Adoption Agreement. If a Participant is not fully vested in his account balance when participation hereunder of the Participant and his surviving spouse and/or dependents ends as described in the section hereof entitled “Death Benefit,” any forfeited amount shall be applied as elected by the Employer in the Plan Adoption Agreement.

Continuation Coverage
COBRA continuation coverage (“COBRA coverage”). COBRA coverage shall be available on the same terms and conditions as described herein with respect to Participants upon payment of the applicable COBRA premium. Each qualified beneficiary (i.e., the Participant’s former spouse and former eligible dependents) shall be entitled to COBRA coverage for a period of 36 months upon the qualifying events of death of Participant, divorce from Participant, or a dependent reaching an age under which he/she is ineligible under the terms of the Plan. The level of coverage will be the Participant’s account balance at the time of the qualifying event (adjusted for investment earnings and losses), plus Employer contributions, and minus reimbursements for claims paid from the account. Contributions shall be made at the same times as they are made for similarly situated Participants who have not experienced a qualifying event. The balance of the Participant’s account shall be available to all qualified beneficiaries electing continuation coverage on an aggregate basis.

The COBRA premium shall be a single premium regardless of the number of qualified beneficiaries electing COBRA coverage. That premium shall be as determined annually by the Employer. The Employer shall have no obligation to pay any portion of the COBRA premium.

Coverage in lieu of COBRA. As an alternative to COBRA continuation coverage, qualified beneficiaries may choose to continue to access the Participant’s account via coverage in lieu of COBRA. No additional contributions will be made to the Participant’s account during the coverage in lieu of COBRA period and no premium will be charged for the coverage. Administrative fees as indicated herein will be applied. The balance of the Participant’s account shall be available to all qualified beneficiaries electing coverage in lieu of COBRA on an aggregate basis. Furthermore, if some qualified beneficiaries elect COBRA and others select coverage in lieu of COBRA, all qualified beneficiaries will have access to the Participant’s account on an aggregate basis.

Plan Investments
Plan investments will be made in accordance with the Employer’s elections in the Plan Adoption Agreement, and will consist of investments in either fixed or variable annuities.

Plan Administrator
The Employer designates as the initial Plan Administrator the entity named in the Plan Adoption Agreement.

The initial Plan Administrator shall serve as Plan Administrator until such time as a new Plan Administrator is appointed.

Administrative Fees
An administration fee shall be payable by the Employer. Participants may be charged a distribution fee by the Plan’s administrative services provider in such amount as shall be agreed to by the Employer.

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Administration

1. Health reimbursement requests may be made monthly with no minimum reimbursement dollar amount for recurring claims. There is a $100 minimum claim amount for all other claims unless the participant account balance is less than $100. Additionally, a reimbursement request can only be made for expenses incurred subsequent to the date the Participant first becomes enrolled in the Plan.

2. Participants are entitled to request reimbursements from their accounts as soon as the accounts are funded by the Employer, but only for medical expenses incurred subsequent to the date the Participant first becomes enrolled in the Plan. Hardship withdrawals or loans are not permitted under this Plan and Plan funds may only be used to reimburse Participants and their dependents for qualified medical expenses.

3. In order to receive reimbursement for eligible medical expenses, Participants shall provide the Plan Administrator with whatever information is reasonably required. This Plan shall not and cannot reimburse for any claims other than those allowed under Code Section 213(d) and the regulations thereunder, as generally described in IRS Publication 502.

4. When a request is approved it shall be scheduled for disbursement. Disbursements shall be made not later than the fifteenth (15th) day of each month for all reimbursement requests received by the Plan Administrator prior to the end of the preceding month.

5. Subject to the Claims Procedures rules below, decisions of the Plan Administrator shall be final on the issue of eligible expenditures and such decisions shall be based on Code Section 213(d) and the regulations thereunder, as interpreted by the IRS or court rulings or directives concerning the deductibility of medical expenses for Federal Income Tax purposes, which interpretations shall be controlling for purposes of determining reimbursement eligibility under this Plan.

6. Other than establishing this Plan and providing funding for the Plan, the Employer does not assume any responsibility for any aspect of any Participant's health care. Participant questions shall be directed to the Plan Administrator.

7. Each Participant shall be notified by the Plan Administrator of his or her account balance at the time a deposit is made to his or her account. The Plan Administrator shall provide each Participant with a quarterly statement setting forth the Participant's account balance and earnings and disbursements for the quarter. Additionally, the Plan Administrator shall provide a Participant with a statement of account balance in conjunction with each reimbursement distribution.

8. Funds in a Participant's account at the end of each year shall be rolled into the following year.

9. Reimbursement is available for the Participant, the Participant's spouse, the Participant's tax dependents as defined in Internal Revenue Code Section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof, and any child (as defined in Code Section 152(f)(1)) of the Participant who as of the end of the taxable year has not attained age twentyseven (27). For purposes of this Plan, such qualified tax dependents and children shall collectively be referred to as "dependents." Submission of a request for reimbursement on behalf of someone other than the Participant shall be deemed a representation by the Participant that the request for reimbursement is made on behalf of a spouse or dependent.

Death Benefit
If a Participant dies prior to exhausting his vested account balance, the Participant's surviving spouse and/or dependents are eligible to be reimbursed under this Plan for their eligible medical expenses until the vested account balance is exhausted. In the event of the death of the Participant, the Participant’s spouse, and all of

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the Participant's qualifying dependents, any funds remaining in the account shall be forfeited. Forfeitures shall be applied as elected by the Employer in the Plan Adoption Agreement.

Plan Amendments
The Employer has the authority to amend this Plan at any time, in whole or in part. Participants will be notified of any Plan changes. Any amendment to the Plan shall not adversely affect the rights of existing Participants.

Changes imposed by the Internal Revenue Service, either by law change, regulations, or rulings, will be effective immediately and without notice.

Involuntary Access to Funds
Funds in a Participant's Plan account are not assignable by a Participant, either in law or in equity, or subject to estate tax, or to execution, levy, attachment, garnishment, or any other legal processes.

Plan Termination
In the event the Employer elects to terminate this Plan, which it may do, in its sole discretion, at any time and for any reason, amounts credited to Participants’ accounts will remain in the Participants’ accounts and Participants will continue to utilize their accounts as set forth in this Plan Document until their accounts are exhausted.

HIPAA Compliance

1. Disclosure of Summary Health Information to the Employer In accordance with the Standards for Privacy of Individually Identifiable Health Information (the “Privacy Standards”) issued and pursuant to the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”), the Plan may disclose Summary Health Information to the Employer, if the Employer requests the Summary Health Information for the purpose of (a) obtaining premium bids from health plans for providing health insurance coverage under this Plan or (b) modifying, amending or terminating the Plan.
"Summary Health Information" may be individually identifiable health information and it summarizes the claims history, claims expenses or the type of claims experienced by individuals in the Plan, but it excludes all identifiers that must be removed for the information to be de-identified, except that it may contain geographic information to the extent that it is aggregated by five-digit zip code.

2. Disclosure of Protected Health Information ("PHI") to the Employer for Plan Administration Purposes In order that the Employer may receive and use a Participant’s individually identifiable health information or PHI (including electronic PHI) for “Plan Administration” purposes, the Employer agrees to:
a. Not use or further disclose PHI other than as permitted or required by the Plan Documents or as Required by Law (as defined in the Privacy Standards); b. Ensure that any agents, including a subcontractor, to whom the Employer provides PHI received from the Plan agree to the same restrictions and conditions that apply to the Employer with respect to such PHI;
c. Not use or disclose PHI for employment-related actions and decisions or in connection with any other benefit or employee benefit plan of the Employer, except pursuant to an authorization which meets the requirements of the Privacy Standards;

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d. Report to the Plan any PHI use or disclosure that is inconsistent with the uses or disclosures provided for of which the Employer becomes aware, including any security incident or actual or suspected breach that may compromise PHI.;
e. Make available PHI in accordance with Section 164.524 of the Privacy Standards (45 CFR 164.524);
f. Make available PHI for amendment and incorporate any amendments to PHI in accordance with Section 164.526 of the Privacy Standards (45 CFR 164.526); g. Make available the information required to provide an accounting of disclosures in accordance with Section 164.528 of the Privacy Standards (45 CFR 164.528); h. Make its internal practices, books and records relating to the use and disclosure of PHI received from the Plan available to the Secretary of the U.S. Department of Health and Human Services ("HHS"), or any other officer or employee of HHS to whom the authority involved has been delegated, for purposes of determining compliance by the Plan with Part 164, Subpart E, of the Privacy Standards (45 CFR 164.500 et seq); i. Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of PHI; j. If feasible, return or destroy all PHI received from the Plan that the Employer still maintains in any form and retain no copies of such PHI when no longer needed for the purpose for which disclosure was made, except that, if such return or destruction is not feasible, limit further uses and disclosures to those purposes that make the return or destruction of the PHI infeasible; and
k. Ensure that adequate separation between the Plan and the Employer, as required in Section 164.504(f)(2)(iii) of the Privacy Standards (45 CFR 164.504(f)(2)(iii)), is established as follows:
i. The employees, or classes of employees, or other persons under control of the Employer who are identified in the Plan Adoption Agreement, shall be given access to the PHI to be disclosed.
ii. The access to and use of PHI by the individuals described in subsection (i) above shall be restricted to the Plan Administration functions that the Employer performs for the Plan.
iii. In the event any of the individuals described in subsection (i) above do not comply with the provisions of the Plan Documents relating to use and disclosure of PHI, the Plan Administrator shall impose reasonable sanctions as necessary, in its discretion, to ensure that no further non-compliance occurs. Such sanctions shall be imposed progressively (for example, an oral warning, a written warning, time off without pay and termination), if appropriate, and shall be imposed so that they are commensurate with the severity of the violation.
"Plan Administration" activities are limited to activities that would meet the definition of payment or health care operations, but do not include functions to modify, amend or terminate the Plan or solicit bids from prospective issuers. "Plan Administration" functions include quality assurance, claims processing, auditing, monitoring and management of carve-out plans, such as vision and dental. It does not include any employment-related functions or functions in connection with any other benefit or benefit plans.

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3. Disclosure of Certain Enrollment Information to the Employer Pursuant to Section 164.504(f)(l)(iii) of the Privacy Standards (45 CFR 164.504(f)(l)(iii)), the Plan may disclose to the Employer information on whether an individual is participating in the Plan or is enrolled in or has disenrolled from a health insurance issuer or health maintenance organization offered by the Plan to the Employer.

4. Disclosure of PHI to Obtain Stop-loss or Excess Loss Coverage The Employer hereby authorizes and directs the Plan, through the Plan Administrator or its third party administrator, to disclose PHI to stop-loss carriers, excess loss carriers or managing general underwriters (MGUs) as directed by the Employer for underwriting and other purposes in order to obtain and maintain stop-loss or excess loss coverage related to benefit claims under the Plan, provided that genetic information will not be used for underwriting purposes Such disclosures shall be made in accordance with the Privacy Standards. The Employer certifies that such disclosures are for Plan administration purposes and that any third party to whom the Employer directs disclosure from the Plan has agreed to also comply with this amendment, as set out in Section 2.b.

5. Other Disclosures and Uses of PHI
With respect to all other uses and disclosures of PHI, the Plan shall comply with the Privacy Standards.

Claims Procedure
A Participant, spouse or dependent (the "Claimant") shall apply for Plan benefits in writing on a form provided by the Plan Administrator, or in such other manner as prescribed by the Plan Administrator. A communication regarding benefits that is not made in accordance with these procedures will not be treated as a claim under these procedures. Claims shall be evaluated by the Plan Administrator or such other person or entity designated by the Plan Administrator and shall be approved or denied in accordance with the terms of the Plan and Plan Adoption Agreement. All references to the Plan Administrator shall include any such delegate. No Claimant shall be entitled to benefits unless the Plan Administrator or its delegate determines in its discretion that the Claimant is entitled to benefits.

1. Claims
The Plan Administrator shall make a determination within a reasonable period of time, but not later than 30 days after receipt of the claim. This period may be extended one time by the Plan for up to 15 days, provided that the Plan Administrator both determines that such an extension is necessary due to matters beyond the control of the Plan and notifies the Claimant, prior to the expiration of the initial 30-day period, of the circumstances requiring the extension of time and the date by which the Plan expects to render a decision. If such an extension is necessary due to a failure of the Claimant to submit the information necessary to decide the claim, the notice of extension shall specifically describe the required information, and the Claimant shall be afforded at least 45 days from receipt of the notice within which to provide the specified information and the period for making the benefit determination shall be tolled from the date on which the notice of extension is sent to the Claimant until the date on which the Claimant responds to the request for additional information, or the deadline to submit the additional information, if earlier.

2. Notice of Denial
If the claim is denied in whole or in part, the Claimant will receive a written notice that includes:
a. The specific reason or reasons for the denial;

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b. Reference to the specific Plan provision(s) on which the denial is based; c. A description of any additional material or information needed from the Claimant in connection with the claim and the reason such material or information is needed; d. An explanation of the claims review procedures and the applicable time limits, including a statement concerning the Claimant's right to bring a civil action following an adverse determination on review;
e. A statement regarding any internal rule, guideline, protocol or other criterion that was relied upon in making the adverse determination (or a statement that a copy will be provided free upon request);
f. If the denial is based on a medical necessity or experimental treatment or similar exclusion or limit, an explanation of the scientific or clinical judgment that led to this determination (or a statement that a copy will be provided free upon request); g. Any other information required by law.

3. Right to Request Review: Internal Appeal
The Claimant must make a written request for review to the Plan Administrator within 180 days of the initial denial of the claim. If a written request for review is not made within such 180- day period, the Claimant shall forfeit his or her right to review. The Claimant’s written request for review may (but is not required to) include issues, comments, documents, and other records the Claimant wants considered in the review. All the information the Claimant submits will be taken into account on review, even if it was not reviewed as part of the initial decision. The appeal will be conducted by a person different from the person who made the initial decision. No deference will be given to the initial decision. The Claimant may ask to examine or receive free copies of Plan documents, records, and other information relevant to the claim by asking the Plan Administrator.

The Claimant will be given the identity of medical or vocational experts if requested, whose advice was obtained by the Plan in connection with the Claimant’s initial claim denial, if any, even if their advice was not relied upon in making the initial decision. Where an adverse determination is based in whole or in part on a medical judgment, including determinations with regard to whether a particular treatment, drug or other item is experimental, investigational, or not medically necessary or appropriate, the Plan will consult with a health care professional who has experience in the field of medicine involved in the medical judgment to decide the Claimant’s appeal. The Plan Administrator reserves the right to delegate its authority to make decisions.

4. Decision Upon Review: Internal Appeal
The Plan Administrator shall make a determination within a reasonable period of time, but not later than 60 days after receipt by the Plan of the Claimant's request for review of adverse determination.

5. Notice of Denial of Internal Appeal
If the decision on the appeal is denied, the Claimant will receive a written notice that includes:
a. The specific reason or reasons for the denial;
b. Reference to the specific Plan provisions on which the denial is based;

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c. A statement that the Claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records and other information relevant to the Claimant’s claim for benefits;
d. A statement explaining any voluntary appeal procedures offered by the Plan and the Claimant's right to bring a civil action;
e. A statement regarding any internal rule, guideline, protocol or other criterion that was relied upon in making the adverse determination (or a statement that a copy will be provided free upon request);
f. If the denial is based on a medical necessity or experimental treatment or similar exclusion or limit, an explanation of the scientific or clinical judgment that led to this determination (or a statement that a copy will be provided free upon request); g. Any other information required by law.

6. External Appeal Process
Where required by law, a Claimant may be able to file an external appeal with an independent review organization. The independent review organization may overturn the Plan’s decision, and the independent review organization’s decision will be binding on the Plan. A Claimant must file a claim for external review within four (4) months of the date the Claimant receives the internal appeal denial notice. Filing a request for external review will not affect a Claimant’s ability to bring a legal claim in court. When a Claimant files a request for external review, the Claimant will be required to authorize release of any medical records that may be required to be reviewed for the purpose of reaching a decision on the external review. Additional information on the external review process, where applicable, will be included in the internal appeal determination notice, or the Claimant may contact the Plan Administrator to request such additional information.

IN WITNESS WHEREOF, this Plan has been executed this ____day of _________, 20___, by MidAmerica Administrative & Retirement Solutions, Inc.

MIDAMERICA ADMINISTRATIVE &
RETIREMENT SOLUTIONS, INC.

By:

Its: Managing Partner
IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action.

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Livingston City CouncilJanuary 20, 2026

Livingston City Council
January 20, 2026