ATTACHMENT 1
CITY OF MANTECA, CALIFORNIA
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF MANTECA
AND
THE MANTECA POLICE EMPLOYEES' ASSOCIATION
July 1, 20232026 – June 30, 20262029
ATTACHMENT 1
1 Table of Contents
I. TERM, RECOGNITION AND RIGHTS
1. TERM OF AGREEMENT .............................................................................................................. 3
2. INTENT AND PURPOSES ............................................................................................................ 3
3. RECOGNITION AND NON-DISCRIMINATION ........................................................................ 3
4. MANAGEMENT RIGHTS ............................................................................................................ 4
5. MANAGEMENT OBLIGATION ................................................................................................... 5
6. ASSOCIATION RIGHTS .............................................................................................................. 5
7. UNION SECURITY ...................................................................................................................... 6
8. ASSOCIATION CTO BANK ......................................................................................................... 6 II. COMPENSATION
9. SALARY ........................................................................................................................................ 7
10. SIGNING BONUS ....................................................................................................................... 7
11. OVERTIME ................................................................................................................................ 7
12. COMPENSATORY TIME OFF (CTO) ........................................................................................ 8
13. DEFERRED COMPENSATION ................................................................................................. 8
14. UNIFORM ALLOWANCE .......................................................................................................... 8
15. HOLIDAY PAY ........................................................................................................................... 8
16. FLOATING HOLIDAY ............................................................................................................... 9
17. LONGEVITY PAY .................................................................................................................... 10
18. BILINGUAL PAY ..................................................................................................................... 10
19. EDUCATIONAL INCENTIVE PAY .......................................................................................... 10
20. SPECIALIZED ASSIGNMENT PAY ........................................................................................ 11
21. CALL BACK PAY ..................................................................................................................... 11
22. OUT-OF-CLASS PAY ............................................................................................................... 12
23. JURY DUTY ............................................................................................................................. 12
24. RANDOM TIME OFF .............................................................................................................. 12
25. RELIEF SHIFT COMPENSATION .......................................................................................... 12
26. SHIFT DIFFERENTIAL PAY ................................................................................................... 13
III LEAVES
27. VACATION ............................................................................................................................... 13
28. WELLNESS DAYS .................................................................................................................... 13
29. SICK LEAVE ............................................................................................................................ 14 ATTACHMENT 1
2 30. SICK LEAVE/VACATION/CTO BANK .................................................................................... 15
31. BEREAVEMENT LEAVE ......................................................................................................... 15 IV. INSURANCE
32. HEALTH BENEFITS ................................................................................................................ 16
33. DENTAL INSURANCE ……….………………………………………………………………………..15
34. VISION..…………………………………………………………………………………………………..15
35. PSYCHOLOGICAL COUNSELING PROGRAM ..................................................................... 17
36. SHORT TERM/LONG TERM DISABILITY INSURANCE ....................................................... 17
37. LIFE INSURANCE COVERAGE ............................................................................................. 18 V. RETIREMENT
38. RETIREMENT .......................................................................................................................... 18
39. PERS SICK LEAVE CONVERSION UPON RETIREMENT .................................................... 20
40. RETIREE HEALTH .................................................................................................................. 21 VI. DISCIPLINE
41. EMPLOYEE RIGHTS ............................................................................................................... 21
42. TRAINING ................................................................................................................................ 22
43. SHIFT SEPARATION ............................................................................................................... 22
44. SENIORITY .............................................................................................................................. 24
45. EMPLOYMENT OF RELATIVES ............................................................................................ 25
46. LIGHT DUTY ASSIGNMENTS ................................................................................................ 25
47. PEACEFUL PERFORMANCE ................................................................................................ 25
48. SEPARABILITY OF PROVISIONS .......................................................................................... 26 APPENDIX A -SALARY SCHEDULES ………………………………………………………………….
49. REOPENER .............................................................................................................................. 26
50. SIGNATURES ........................................................................................................................... 28 ATTACHMENT 1
3 This Memorandum of Understanding, by and between the CITY OF MANTECA, hereinafter referred to as the "City" and the MANTECA POLICE EMPLOYEE’S ASSOCIATION, hereinafter referred to as the "Association."
I. TERM, RECOGNITION AND RIGHTS
1. TERM OF AGREEMENT
This agreement shall be effective as of July 1, 20236, and shall remain in full force and effect until June 30, 20269.
2. INTENT AND PURPOSES
It is the purpose of this Agreement to assure the efficient and economical operation of the City, to secure and sustain maximum work effort of each employee covered by this Agreement; maintain a harmonious relationship between the employees in the bargaining unit and the City; to establish wages, hours, and working conditions; and, further, to set forth the entire Agreement between the City, and the Association, and the employees covered by this Agreement concerning wages, hours, and other conditions of employment to be observed by the parties hereto.
3. RECOGNITION AND NON-DISCRIMINATION
Recognition
The City hereby recognizes the Association as the exclusive collective bargaining representative with respect to wages, hours of employment, and other working conditions, of all regular full-time employees assigned to the Manteca Police Employee’s unit of the Police Department as enumerated as follows:
Animal Services Officer
Animal Services Supervisor
Booking Officer
Code Enforcement Officer
Community Services Officer I/II
Crime Analyst
Police Officer Trainee
Police Records Clerk I/II
Police Records Clerk Supervisor
Property and Evidence Officer
Public Safety Dispatcher I/II
Public Safety Dispatch Supervisor
Non-Discrimination
ATTACHMENT 1
4 The City and the Association agree that there will be no discrimination against any employee because of race, color, ancestry, national origin, religion, creed, sex (including pregnancy, childbirth, breastfeeding or related medical conditions), gender, disability (physical or mental) , age (over 40), genetic information, marital status, sexual orientation, gender identity and gender expression, medical conditions, and military or veteran status.
4. MANAGEMENT RIGHTS
The City retains all its exclusive rights and authority under state law (and charter) and expressly and exclusively retains its management rights, which include, but are not limited to:
the exclusive right to determine the mission of its constituent departments, commissions, boards;
set standards and levels of service;
determine the procedures and standards of selection for employment and promotions;
direct its employees;
establish and enforce dress and grooming standards;
determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons;
maintain the efficiency of governmental operations;
determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted;
determine the content and intent of job classifications; determine methods of financing;
determine style and/or types of City-issued wearing apparel, equipment or technology to be used;
determine and/or change the facilities, methods, technology, means organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted; determine and change the number of locations, relocations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operations of the City;
to assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice;
establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable law;
establish employee performance standards including, but not limited to, quality and quantity standards, and to require compliance therewith; take all necessary actions to carry out its mission in emergencies; ATTACHMENT 1
5 exercise complete control and discretion over its organization and the technology of performing its work.
The Association recognizes that the City has and will continue to retain, whether exercised or not, the unilateral and exclusive right to operate, administer and manage its municipal services and work force performing those services in all respects subject to this Memorandum.
The City Manager and Department Managers have and will continue to retain exclusive decision-making authority on matters not officially and expressly modified by specific provisions of the Memorandum.
The exclusive rights of the City shall include, but not be limited to, the right to determine the organization of City government and the purpose and mission of its constituent agencies, to set standards of service to be offered to the public, and through its management officials to exercise control and discretion over its organization and operations, to establish and effect Administrative regulations and Employment Rules and Regulations consistent with law and the specific provisions of the Memorandum to direct its employees, to take disciplinary action for just cause, to relieve its employees from duty because of lack of work or for other legitimate reasons, to determine whether goods or services shall be made, purchased or contracted for, to determine the methods, means and personnel by which the City's services are to be provided, including the right to schedule and assign work and overtime, and to otherwise act in the interest of efficient service to the community.
5. MANAGEMENT OBLIGATION
Within sixty (60) days of the signing of this Memorandum of Understanding, the City shall provide the following materials to the Association President. He/she shall be responsible for duplicating said document and distributing it to Association members.
A copy of all currently effective general orders (refer to Employee Rights/Discipline/paragraph B, of this agreement), special orders, and Rules and Regulations, both City and Departmental. Furthermore, as soon as any such orders are amended, modified or revoked, such will be made available to employees by the City. Upon receipt of said documents, the employee shall sign off that he/she has received and reviewed said documents. A copy of the Memorandum of Understanding. The costs of the printing and distributing these materials shall be borne by the City.
6. ASSOCIATION RIGHTS
Up to three (3) Association representatives shall be allowed to participate in meet and confer and/or grievance or discipline sessions with the City with no loss of regular pay and benefits. Reasonable notice shall be provided to the Association Representatives' supervisors.
ATTACHMENT 1
6 The City agrees to provide the Association's negotiating team, to be comprised of no more than three (3) members, to spend the total of three (3) hours each for preparation for meet and confer sessions with the City without loss of pay or other benefits, when such preparation is necessarily conducted during said employees' regular working hours, however, said preparation shall not interfere with the carrying out of regular employment duties as defined by the Chief of Police.
7. UNION SECURITY
During the term of this agreement, members of the Association shall be allowed to voluntarily sign release forms furnished by the City authorizing the City to deduct Association dues from the employee’s regular paycheck. The employee’s earnings must be sufficient after the other legal and required deductions are made to cover the amount of the dues authorized. When an employee is in a non-pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an employee who is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. All other legal and required deductions (including health care deductions) have priority over association dues.
It shall be the sole responsibility of the Association to procure and enforce payroll deduction of dues.
Hold Harmless: The Association shall indemnify, defend and hold harmless the City, its employees and agents acting on its behalf from and against any and all losses, damages, costs, expenses, claims, demands, actions, suits, judgments and other forms of liability arising out of the application or enforcement of this section.
In no event shall the City be required to pay from its own funds Association dues that the employee was obligated to pay, but failed to pay regardless of the reasons.
Any Association member who notifies the City of their desire to discontinue dues or otherwise withdraw from the Association membership shall be referred back to the Association. The City agrees to continue all dues deductions until notified of a deduction change by the Association.
The City shall notify the Association of all new employee start dates and anytime there is a change in the pay status of a member.
Each year, during the month of December, the Association will certify to the Finance Department the amount of the Associations monthly dues. If the Association changes the amount of dues, each such change must be certified to the City in a timely manner.
8. ASSOCIATION CTO BANK
ATTACHMENT 1
7 The City shall permit a voluntary donation of a maximum eight (8) hours of CTO per member per calendar year to be credited to an account that may be drawn upon by the Association for use in Association business. An employee must sign a release form allowing the Human Resources Department to transfer his/her CTO to this account.
II. COMPENSATION
9. SALARY
2% cost of living increase eEffective July 1, 2026, or on the first pay period following contract ratification and approval by City Council, whichever is later, employees shall receive salary adjustments according to the salary matrices listed under Appendix A. with no retroactive payment.
2% July 1, 2024
3% July 1, 2025
Refer to Salary Matrix published by the Human Resources Department for salary range and corresponding salary steps within that range.
Salary Smoothing
Base salaries and relevant incentive pays will be paid on a semi-monthly basis (24 pay periods per year), consisting of 2,080 hours per year and approximately 86.67 hours per pay period. Salary smoothing will be implemented effective on the December 16, 2026, pay period start date (paycheck date January 7, 2027).
10. SIGNING BONUS
All members of this association on payroll at time of contract ratification shall receive a one-time non-PERSable stipend of $52,000 payable on the first pay period following Council adoption. Employees acknowledge that the lump sum payment will be subject to applicable federal, state and other taxes as required by law.
11. WORK PERIOD AND OVERTIME
Employees of this unit are assigned to a 4/10 work schedule consisting of 10-hour workdays for four days out of the designated seven-day work period/work week, which runs from 12:01 a.m. Sunday through 12:00 a.m. Saturday.
Overtime shall be paid at one and one-half times (1.5x) pay for hours worked in excess of the employee’s normal work shift. The general overtime shall include extension of the normal work shift as well as shift replacement work.
ATTACHMENT 1
8 Assignment of Last Minute Overtime
Last minute overtime is overtime caused by a vacancy created with less than twentyfour (24) hours’ notice to the employer.
By seniority, on-duty personnel may volunteer for any overtime created by a last minute vacancy.
If there are no volunteers, management should hold over the on-duty employee who has the least amount of seniority. Supervisors deviating from this policy must submit a memo to the Chief of Police with an explanation.
Employees who are currently in training are exempt
12. COMPENSATORY TIME OFF (CTO)
Employees in this unit shall not be allowed to accumulate compensatory time off (CTO). CTO can be utilized as defined in Section 24. Cash payment for all accrued, but unused, CTO to only occur upon separation from City service.
13. DEFERRED COMPENSATION
Effective July 1, 2020 the City will contribute an additional 4% of base salary to the deferred compensation plan for all members.
14. UNIFORM ALLOWANCE
Employees shall receive an annual uniform allowance of $750900.00 dollars (to be paid on the first payday each fiscal year, which is July 7th).
New employees hired between July 1st and December 31st shall receive a one-time payment of $900 on their first paycheck.
New employees hired between January 1st and June 31st shall receive a one-time payment of $450 on their first paycheck.
The uniform allowance shall be used for the purchase of maintenance of required clothing in the Police Department. The uniform allowance shall be reportable to CalPERS as special compensation for Classic Members only. New employees who fail probation within six months or resign within six months of receipt of their uniform allowance will return the uniform allowance or the uniforms to the City before receiving their final paycheck.
15. HOLIDAY PAY
For each City observed holiday listed in this section, the employee shall receive holiday pay for hours equivalent to their regular shift (i.e. 8 hour normal work shift – 8 hours additional straight time pay, 9 hour normal work shift – 9 hours additional ATTACHMENT 1
9 straight time pay, (10 hour normal work shift – 10 hours additional straight time pay).
Any employee in this unit who actually works on a designated holiday shall receive in addition to the regular working hours of pay for that holiday normally given, compensation at the rate of one and one-half (1.5) times the number of hours worked. Total payment double time and one-half (2.5x).
Observance of Holidays
The following enumerated holidays will be observed:
New Year's Day (January 1)
Martin Luther King Jr. 's birthday Day (Third Monday in January) President’s Day (3rd Third Monday in February)
Cesar Chavez Day Farmworkers Day (March 31)
Memorial Day (lLast Monday in May)
Independence Day (July 4)
Labor Day (1st First Monday in September)
Veterans' Day (November 11)
Thanksgiving Day (4th Fourth Thursday in November)
Day after Thanksgiving Day (4th Fourth Friday in November) Christmas Eve (December 24)
Christmas Day (December 25)
Employees, who actually work on Christmas, Thanksgiving, or July 4th, shall be compensated with double time in addition to the regular work hours of pay for those holidays normally given. Total payment triple time (3x).
Hours worked by the employee beyond 10 hour shift are considered Overtime, and are not reportable to PERS as Holiday Pay but will be paid at the same rate as the preceding 10 hours.
The members who work Animal Control Services, Communications, CSO(s), and Booking Officer(s) will observe the holiday on the actual calendar date, for example, Veterans’ Day, which occurs on November 11th.
The members who work Records Department, Property/Evidence, Code Enforcement and Crime Analyst will recognize all holidays listed in section 15 as the following:
When a holiday falls on Sunday, the following Monday shall be observed.
When a holiday falls on a Saturday, it shall be observed on the preceding Friday.
If the employee is regularly scheduled off on the designated holiday, the employee will be compensated with their equivalent regular working hours of straight time pay.
ATTACHMENT 1
10 16. FLOATING HOLIDAY
Members of this unit will receive three (3) Floating Holidays as of July each year.
The maximum number of floating holidays per fiscal year for each employee will be
3. Employees who are employed by the City prior to September 1 shall be eligible for three (3) floating holidays. Employees who are employed by the City prior to December 31 shall be eligible for two (2) floating holidays. Employees hired after December 31 shall be eligible for one (1) floating holiday. Employees hired after March 31 will not be eligible to receive a floating holiday for that fiscal year.
A “floating holiday” may be taken at any time throughout the fiscal year, with the approval of a supervisor/department manager. Floating Holidays must be utilized in full day increments. Employees will not be allowed to carryover the floating holiday. If the time has not been taken by June 30, the employee will lose the day off unless previous requests, submitted prior to June 15, to take the floating holiday were denied. If previous requests to take the floating holiday have been denied, the holiday will carry over to the next fiscal year and the employee will be allowed to take it during that year. Floating holidays are non-compensable at the time of separation.
17. LONGEVITY PAY
Members with over ten years of continuous employment with the City of Manteca shall receive a longevity incentive pay of 1.75% calculated on base pay each pay period; the effective date for newly eligible employees shall be the first pay period following ten years of continuous employment. one longevity bonus per year of twenty percent (20%) of one month's base monthly salary. This bonus will be given on the employee's anniversary date of employment and paid on the pay period following the anniversary date.
18. BILINGUAL PAY
Members who speak Spanish, Portuguese, Tagalog, Vietnamese, Chinese, Thai, Laotian, Arabic, Assyrian, Punjabi, Farsi, Cambodian or American Sign Language (ASL) are eligible to receive 5% of their monthly base pay in addition to their base rate of pay. An employee is entitled to receive bilingual pay provided that the employee has passed the listening and speaking proficiency examination as determined by the Director of Human Resources and is assigned to provide translation services on a consistent and routine basis.
19. EDUCATIONAL INCENTIVE PAY
Each member of the bargaining unit shall receive 2.5% of the monthly base rate of pay per month upon the presentation of satisfactory proof that the employee has been awarded a Dispatcher Intermediate POST Certificate by the Commission of Pease ATTACHMENT 1
11 Officers Standards and Training (POST) (Dispatcher Classifications Only), or an AA degree.
Each member of the bargaining unit shall receive an additional 2.5% of the monthly base rate of pay per month upon the presentation of satisfactory proof that the employee has been awarded a Dispatcher Advanced POST Certificate by the Commission of Pease Officers Standards and Training (POST) (Dispatcher Classifications Only), or a Bachelor’s degree.
In addition, if a member has a Bachelor’s degree (and did not receive an AA degree prior to receiving a Bachelor’s degree), the member shall be entitled to 5% of the monthly base rate of pay per month upon presentation of satisfactory proof of degree.
To be clear, under this section, the maximum benefit shall not exceed 5%. Payment shall occur on the first day of the pay period following presentation of eligibility.
20. SPECIALIZED ASSIGNMENT PAY
Training Premium Pay
The City will recognize a Training position when the employee is assigned to train and the time is approved by the Supervisor and will agree to pay five-percent (5%) additional pay for actual time spent providing formalized training to a new employee by an employee not already required to conduct employee training as part of the identified job duties. The parties understand that time spent providing informal, on the job training to a new employee is not subject to additional compensation.
This additional compensation for Training Premium is reportable to PERS (CCR 571 (a)(5)).
K-9 Unit Assignment – Narcotics Canine Handler
There may be no more than two members from the MPEA assigned to the K-9 unit at any given time. They may hold the position of Narcotics Canine handler and must follow the selection process defined in the department policy manual to be eligible.
Narcotics Canine handlers will not receive special assignment pay, but the City will pay to board the dog for up to two weeks that coincide with its handler's annual vacation use. In addition, each handler will receive an additional five and one-half (5.5) hours of pay per month for feeding, exercising and clean-up of the dog.
Cumulative Benefits
Nothing in this section shall prohibit an employee from receiving more than one (1) specialty pay providing that he/she is assigned to more than one (1) specialty position.
21. CALL BACK PAY
ATTACHMENT 1
12 Minimum Callback Time:
Employees of this unit who are called back to duty for court or any other reason shall receive a minimum call back pay of three (3) hours at the rate of time and one-half (1 1/2).
22. TEMPORARY UPGRADE/OUT-OF-CLASS PAY
The City agrees to provide out-of-class compensation at the rate of 5% whenever an employee is working out-of-class. The City, however, does not encourage the practice of working out-of-class, but will not arbitrarily or capriciously transfer employees from working in-class and out-of-class to avoid payment of this benefit to affected employees. Out-of-Class work shall be defined as those tasks and assignments made by the Chief of Police, a majority of which are different from existing work tasks and a majority of the duties of the higher position.
Gender-Specific Searches
Due to the nature of duties that may be required for performing gender-specific searches (related to Police Officer duties), employees who perform these duties in accordance with the SOP Lexipol 902 shall be paid in 15-minute increments for outof-class pay (5%). Job classifications included in the SOP as of the date of this MOU are Community Service Officer I/II, Property & Evidence Officer, Public Safety Dispatcher I/II, Police Records Clerk I/II.
An Out-Of-Class work record form must be completed and submitted to Human Resources each pay period or submitted through Telestaff. Upgrade pay shall be reported to CalPERS as special compensation in accordance with applicable regulations and shall only apply to hours which the employee is performing the upgraded duties. In cases where such assignments are performed on an intermittent basis, only the actual hours worked in the higher classification shall be eligible for upgrade pay and reported accordingly.
23. JURY DUTY
If a member of this unit serves jury duty during the day for duration of 8 hours, they will be excused from their regular scheduled shift for that day (swing or graveyard).
24. RANDOM TIME OFF
The number of allowable randomly scheduled vacation/CTO days shall be six (6) days per year (July 1 through June 30).
25. RELIEF SHIFT COMPENSATION
Employees assigned to work the "relief shift" shall receive an additional five (5%) percent pay supplement over his/her regular base rate of pay.
ATTACHMENT 1
13 Relief Shift is defined as a shift wherein the employee is assigned to work two different shift time periods within the rotation period, equally divided between the two shifts.
26. SHIFT DIFFERENTIAL PAY
Employees assigned to work the graveyard shift shall receive an additional 1.5% pay supplement over his/her regular base rate of pay.
III. LEAVES
27. VACATION
The maximum vacation accrual limit shall be 3 times the annual accrual rate with no cash out provision, excluding separation from employment. Once the vacation cap is reached, no additional accruals of vacation will be made until the reduction is at least equal to the monthly accrual.
Vacation Accrual Rate
The vacation accrual rate for employees of this bargaining unit shall be as follows:
1- 48 months of full & continuous service (1 - 4 years) 80 hours annually 49 - 96 months of full & continuous service (5 - 8 years) 120.00 hours annually 97 - 144 months of full & continuous service (9 - 12 years) 152 hours annually 145 + months of full & continuous service (13 years +) 184 hours annually Rank and/or Seniority
Vacation shall be scheduled on the basis of "rank and/or seniority."
28. WELLNESS DAYS
Each employee shall receive wWellness Time hours equivalent to three working days of leave annually on July 1. Hours will be based on the employee’s designated work shift as follows:
8 hour normal work shift – 24 wellness hours
9 hour normal work shift – 27 wellness hours
10 hour normal work shift – 30 wellness hours
If a new employee is hired after July 1, the amount of leave provided will be prorated commensurate with the date of hire. This leave shall be used each fiscal year or forfeited, and the use of wellness days shall not create overtime. Wellness leave shall be forfeited upon separation of employment.
ATTACHMENT 1
14 In addition to the hours above all members will receive 41.6 hours of Wellness RO Leave on July 1. An employee hired after July 1 will not be eligible for the additional hours until after they have completed six (6) months of employment; at that point, the amount of additional wellness leave will be prorated commensurate with that six (6) month date. The additional 41.6 hours of Wellness must be used or cashed out by June 30 of each year and the use of these hours shall not create overtime. Wellness RO leave hours that are cashed out will be paid at the employee's current base rate of pay only with no additional pays included. An employee who voluntarily resigns may submit the cashout form to Payroll prior to termination date in order to receive the cashout at the time of separation.
29. SICK LEAVE
Sick leave with pay shall be administered in accordance with the City's Rules and Regulations and the City’s Sick Leave Monitoring Administrative Policy and Procedure. It shall not be considered an earned right to time off from work at the employee’s discretion but shall only be allowed in cases of actual necessity caused by personal illness, disability or preventive medical, dental, or optical care.
Employees shall accrue 96 hours of sick leave annually for each full month of continuous service. There shall be no maximum accumulation limit on sick leave accrual.
Employees may utilize up to 80 hours of accrued sick leave per calendar year for illness, disability or preventative medical, dental or optical care for members of the employee’s immediate family.
If an employee has a serious health condition (non-work related and off work three consecutive shifts or more), the employee will be required to submit a health certification /doctor’s note pursuant to the City’s Family Care and Medical Leave Act Policy.
For the purpose of this section, the immediate family shall be restricted to a child, which for purposes of this provision means a biological, adopted, or foster child stepchild, child of a registered domestic partner, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status..
A parent is defined as biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.; A spouse.; A registered domestic partner.; A grandparent.; A grandchild.; A sibling.father, step father, father-in-law, mother, step mother, mother-in-law, spouse/registered domestic partner, child, step-child, brother and sister of the employee, and grandparents. A; or designated person as defined under AB 1041.
ATTACHMENT 1
15 Sick leave may be used to obtain any relief or services related to being a victim of domestic violence, sexual assault, or stalking including the following with appropriate certification of the need for such services:
A temporary restraining order or restraining order.
Other injunctive relief to help ensure the health, safety or welfare of themselves or their children.
To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault or stalking. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.
30. SICK LEAVE/VACATION/CTO BANK
The employees in this unit may donate sick leave, vacation, and/or CTO to another employee for the use of another employee when he/she is off work on non-work related injuries.
When an employee donates time to another employee, a release form must be signed permitting the City to transfer time from his/her account to another employee's account. Release forms shall be provided to Human Resources/Risk Management.
Each pay period the Human Resources/Risk Management Department will transfer time from the donating employee's account, based on the date received and the amount of leave needed by the injured employee. If the time donated is not needed, the release form will be returned to the donating employee.
This provision does not permit employees leaving city employment to donate any of their unused sick leave. Employees donating time must be employed by the City when the donated time is used.
31. BEREAVEMENT LEAVE
In the event of a death in the immediate family of an employee, he/she shall, upon request, be granted up to three (3) days of bereavement leave with pay without charge to his/her accumulated sick leave credits or accrued vacation. The City may will grant an additional two (2) days of bereavement leave, upon request, which shall be charged against the employee’s accumulated sick leave credits in cases where extensive travel is required to attend the funeral or where the employee is responsible for completing funeral arrangements for the family member. Employees are not ATTACHMENT 1
16 required to take the five days consecutively but must complete all leave during the three (3) months after the death of the covered family member.
For the purpose of this section, “immediate family” shall be defined as the employee’s spouse/registered domestic partner, children/stepchildren, siblings, parents (including foster and step), parents of the employee’s spouse/registered domestic partner (including foster and step), grandparents and grandchildren of the employee or employee’s spouse/registered domestic partner or other individuals whose relationship to the employee is that of a dependent. The City reserves the right to require an employee to establish to the City’s satisfaction the dependent relationship.
In the event of the death of a relative other than those defined above as immediate family, the employee may be granted up to one (1) day of bereavement leave upon request which shall be charged against the employee’s accumulated sick leave credits. Any additional leave required under circumstances of bereavement for the purpose of funeral arrangements, estate matters, or additional travel time will be charged against the employee’s accrued vacation or compensatory time off.
The City may require evidence of attendance of the funeraldocumentation of the death of a family member. This may include a death certificate, obituary, or written verification of death, burial, or memorial service from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency.
IV. INSURANCE
32. HEALTH BENEFITS
Active Employees
A health care plan will be provided for all employees. The city will make the Minimum Employer Contribution (MEC) each month to CalPERS on behalf of each employee opting into the health care program. The city will also pay an additional stipend for those opting into the CalPERS health program to apply to their medical premiums. Regardless of the amount of the MEC, the maximum benefit paid by the city will be as follows:
Single $8501,050.00
Employee +1 $16002,000.00
Family $21002,700.00
If an employee chooses to decline health insurance coverage by completing a waiver form, the City will contribute to the employee’s deferred compensation account or cash in lieu of deferred compensation of $600800.00 each month.
If the City paid cap exceeds the cost of the medical insurance premium, no monetary value will result for the employee regardless of the medical insurance option they ATTACHMENT 1
17 chose. Any unused cap dollars will be maintained by the City and no additional compensation will be afforded the employee.
If the employee currently contributes the maximum allowed amount to deferred compensation, that contribution must be reduced by the amount exceeding the maximum contribution to enable the City to make the in-lieu of contribution. In this case, the employee will net the difference in their paycheck.
The employee will be required to sign a waiver when canceling coverage. Reenrollment to CalPERS plans can only be made during the open enrollment period unless criteria for re-enrollment are met as defined by CalPERS.
Retirees
See Section V Retirement for retiree health benefits.
33. DENTAL INSURANCE
Dental coverage will include 100% of diagnostic/preventive work up to an annual maximum of $1,500 per covered person (total). The deductible will be waived for diagnostic/preventive work. Orthodontia coverage at the rate of 50% with a $1,500 lifetime cap for each covered person is part of the dental insurance plan.
The City shall pay the entire premium for dental care for employees and their dependents for the duration of this agreement.
34. VISION INSURANCE
The City shall pay the entire premium for vision care for employees and their dependents for the duration of this agreement.
35. PSYCHOLOGICAL COUNSELING PROGRAM
The City shall provide all members in the Bargaining Unit access to the City's Employee Assistance Program ("EAP"), which includes access to counseling services.
36. SHORT TERM/LONG TERM DISABILITY INSURANCE
The City shall provide all members of this bargaining unit with a long term disability insurance plan. The plan shall provide a maximum monthly income benefit of equal to 66 2/3% of the first $3,000 of employee’s basic monthly earnings up to a maximum of $5,000 per month. The maximum benefit paid shall not exceed $2,000 per month and the minimum benefit shall not be less than $50.00 per month.
ATTACHMENT 1
18 Benefits of the plan shall not be paid until all compensatory time credits and 50 percent of accrued sick leave has been exhausted or until the 30th day following the onset of disability, whichever is longer under long term disability plan shall not begin until the completion of a 90 day elimination period following the onset of disability. During the initial period of disability, employees may be eligible for benefits under the City’s short term disability plan, which includes a 29 day elimination period. There is no benefit waiting period if you are confined in a hospital. The cost of the short term and long term disability insurance plan shall be borne equally between by the City and members of this bargaining unit.
37. LIFE INSURANCE COVERAGE
Employees shall receive $8,500 of group life insurance coverage upon being employed one full calendar month. Employees with more than five years of service with the City of Manteca shall receive $10,000 of group term life insurance coverage. The City shall continue to pay all premium costs for life insurance coverage for employees.
V. RETIREMENT
38. RETIREMENT
State Retirement Program
Employees of this unit shall be members of the California Public Employees' Retirement System (CalPERS). Any contract with CalPERS currently in effect, shall remain in effect as they may apply to the members of this unit. Retirement benefits shall be consistent with to the laws of the State of California and the United States.
Definitions
Retired Employee is defined as follows:
An employee who retires from the City of Manteca under the provisions of the California Public Employees’ Retirement System.
New Member is defined as follows:
1. A unit member who becomes a member of CalPERS for the first time on or after January 1, 2013 and who was not a member of any other public retirement system prior to that date;
2. A unit member who becomes a member of CalPERS for the first time on or after January 1, 2013 and who was a member of another public retirement system prior to that date, but who was not subject to reciprocity under Gov.
Code §7522.02(c) and related CalPERS reciprocity requirements; or
3. A unit member who was an active member in CalPERS with another employer and who, after a break in service of more than six (6) months, returned to active membership in CalPERS with the City.
Classic Member is defined as follows:
ATTACHMENT 1
19 A unit member who entered into membership with a qualifying public retirement system on or before December 31, 2012 who does not meet the definition of “New Member” under Government Code §7522.04(f) and related CalPERS membership requirements.
Status as either a New Member or Classic Member shall be determined by CalPERS.
Retirement Benefits:
Classic Tier 1: Retirement plan for employees hired with the City of Manteca on or before May 31, 2012.
Classic Tier 1 members shall receive the 2.7% at 55 retirement formula. For purposes of determining a retirement benefit, final compensation for these employees shall mean the single highest year of pensionable compensation.
Classic Tier 1 members shall pay through payroll deduction, 100% of the CalPERS established employee contribution, which is eight percent (8%).
Additionally, Classic Tier 1 members shall pay through payroll deduction an additional 11% toward the employer contribution for a total of 19%.
Classic Tier 2: Retirement plan for employees hired with the City of Manteca on or after June 1, 2012 and meet the definition of a Classic member as defined by CalPERS.
Classic Tier 2 members shall receive the 2.0% at 60 retirement formula. For purposes of determining a retirement benefit, final compensation for these employees shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service.
Classic Tier 2 members shall pay through payroll deduction, 100% of the CalPERS established employee contribution, which is seven percent (7%).
Additionally, Classic Tier 2 members shall pay through payroll deduction an additional 11% toward the employer contribution for a total of 18%.
PEPRA: Retirement plan for employees hired with the City of Manteca on or after January 1, 2013, and meet the definition of a new member as defined by CalPERS.
PEPRA members shall receive the 2.0% at 62 retirement benefit. For purposes of determining a retirement benefit, final compensation for these employees shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service.
As required by Government code §7522.04(g), PEPRA members shall pay, through payroll deduction, fifty percent (50%) of the total normal cost of their retirement plan as determined annually by CalPERS.
ATTACHMENT 1
20 Additionally, PEPRA members shall pay through payroll deduction an additional 11% toward the employer contribution for a total of 11% plus 50% of normal cost.
CALPERS COST-SHARING
The parties acknowledge that CalPERS mandates an election of unit members, separate from MOU ratification, to provide for cost-sharing pursuant to Government Code Section 20516(b)-CalPERS Contract Amendment Method.
As soon as practicable after the ratification of this side letter agreement, the City will initiate a The City completed the contract amendment process for the cost-sharing of the additional 11% contribution (Classic Tier I; Classic Tier II; and PEPRA members), effective May 1, 2026.
Contract Amendment Method (Government Code Section 20516(b)) Cost-sharing under the contract amendment method cannot exceed the employer’s normal cost contribution, which is subject to change each fiscal year. Under the contract amendment method, the 11% cost-sharing shall be paid by employees on a pre-tax basis and will be credited as a member contribution to CalPERS.
Cost-Share Cap Agreement
If the 11% The cost-share amount ever exceeds will be capped at the employer’s normal cost contribution in any given fiscal year based on the City’s CalPERS actuarial annual valuation report, in the event it is under 11%; for example, beginning July 1, 2026, the normal cost share is 10.96%, and therefore the employee’s cost-share contribution will be limited to this amount. If any subsequent fiscal years of this MOU the normal cost-share is changed from
10.96%, that shall require a side letter agreement to amend this MOU section.the difference of the 11% minus the normal cost contribution will be paid by employees on a post-tax basis and only under the MOU Method (therefore not credited as a member contribution to CalPERS). The cost-share would not exceed 11%.
MOU Method (Government Code Section 20516(f))
If the contract amendment method for cost-sharing vote is not passed by members, the 11% cost-sharing will be contributed under the MOU Method under Government Code Section 20516(f) and shall be paid on a post-tax basis.
39. PERS SICK LEAVE CONVERSION UPON RETIREMENT
The City implemented the sick leave pay off provision of the Public Employees' Retirement System (PERS). This shall result in unused sick leave being credited towards retirement. Employees may choose to convert 100% of sick leave towards retirement up to one full year of additional service credit; or convert 50% of sick leave towards retirement and be paid the balance on your final paycheck.
ATTACHMENT 1
21 40. RETIREE HEALTH BENEFIT
All members hired prior to December 31, 2011 will receive a $675 monthly contribution, which includes the Minimum Employer Contribution (MEC) as established annually by CALPERS. At the time of retirement, an employee must take an irrevocable election to continue enrollment in CalPERS medical in order to be eligible for this benefit. The City will provide a monthly health reimbursement arrangement (HRA) contribution into an account with the City’s HRA Administrator, to receive the monthly contribution.
If a retiree is enrolled in a plan in which the premium cost less than $675 per month (e.g. Medicare Supplemental Plan), the City shall make the HRA contribution equal to that cost only; the maximum contribution shall not exceed $675 per month.
The maximum benefit provided to retirees under this section shall be $675.00.
All members hired after December 31, 2011 will receive the Minimum Employer Contribution (MEC) as established annually by CALPERS.
VI. DISCIPLINE
41. EMPLOYEE RIGHTS
Right of Access
Any employee in this bargaining unit may examine the entire contents of his/her personnel file or any other record, of whatever nature, maintained for any personnel use, or any file relating to any investigation of employee at any time, during regular business hours of the City's Human Resources/Risk Management Department or Police Department. The employee, however, must provide the City with reasonable advance notice in order to provide office personnel an opportunity to schedule an appointment. Advance notice will insure the normal work flow is not disrupted. The right of access shall not apply to information gathered for a pre-employment background check.
The above provision shall not apply to files involving a criminal investigation of any employee when the nature of the investigation requires confidentiality, however, no portion of said file shall be used in any disciplinary or administrative action of whatever nature until the employee affected has been allowed to review the entire file and given the opportunity to attach explanatory mitigating comments deemed necessary by the employee.
The employee may be accompanied by a representative of his/her choice in examining files and may delegate the right of access to his/her selected representative by written notice to the City. However, all personnel files must remain under the observation of the Administrative Services Department.
ATTACHMENT 1
22 Discipline
The City agrees that no bargaining unit member shall be reduced from a permanent position, suspended, terminated, reprimanded, or subject to any disciplinary action without cause.
The City will provide the Association President, and supervisors with copies of Lexipol Policies. It will be the supervisor's responsibility for keeping their personnel advised to any changes in the Lexipol Policies. The City and Police Department management will endeavor to review any proposed changes in work rules and regulations, general or special orders and policies as may be suggested by the Association. The City welcomes all suggestions that can be provided by the Association to improve the overall efficiency and effectiveness of Police Operations. However, the City reserves the right to make the final decision on any rules/regulations, general or special orders and policies relating to the operation of the Police Department. The Chief of Police will identify all persons with authority to issue enforceable rules and regulations for the operation and functioning of the Police Department.
The City agrees with the concept of progressive disciplinary action. The language in the Peace Officer Bill of Rights will be afforded to employees in the Booking Officer position solely. The remaining employees within the Bargaining Unit will be afforded all disciplinary rights under the City's Personnel Policies.
VII. MISCELLANEOUS
42. TRAINING
The City agrees that well trained employees are of the utmost importance to the citizens of the City. The City agrees that it will distribute training in a fair and equitable manner and that, subject to approval by the Chief of Police and the Director of Human Resources/Risk Management, employees will be sent to schools of their choice which will enhance their training and benefit the City.
43. SHIFT SEPARATION
The following shall pertain to shift separation procedures applicable to members of the bargaining unit:
Notice
Twenty-four (24) hours advance notice shall be given to each employee whose regular hours of work are being changed. Notification shall be in person and not by note or scheduled notation. Such notice shall not be required if a change is required due to sick leave, court appearance, or other significant event which occurrence ATTACHMENT 1
23 would not provide the City sufficient time to give the required notice. Regular hours of work is defined as the pre-scheduled shift assignment.
Shift Separation
Every employee in this bargaining unit shall receive time off between shifts equal toof no less than twenty-four (24) hours less the lengtheight (8) hours, of the employee’s regular shift. with the exception of special assignment duties.
No employee of this bargaining unit shall be assigned to work more than the number of consecutive days per week that are normally assigned on the employee's regular work schedule.
Multiple Shifts
Employees working shifts which are determined by bid shall bid for such shifts based upon seniority.
No employee shall be assigned to work more than three (3) days in any time period other than their regular time period in any sixty (60) day period.
The City shall not change an employee’s work schedule to avoid the payment of overtime.
In the event of an emergency caused by long-term illness or injury, or by the resignation or termination of an employee, which requires the reassignment of an employee to maintain minimum staffing levels on a shift, such reassignment can be made. Long- term illness or injury shall be defined as exceeding twenty eight (28) calendar days. Selection of the employee to be reassigned shall be done by first soliciting for voluntary reassignment, then, if no volunteers are forthcoming, by seniority. Voluntary shall be defined as the initiation of the employee, and not by acquiescence to a request or demand of the Department. When such emergency situation is no longer in place, either by the return of the absent employee or the filling of the vacancy, the reassigned employee shall be given the option of returning to his/her previous shift assignment or remaining in the present position. If an opportunity to bid for shifts occurs during the emergency reassignment of the employee, said employee will be allowed to bid for shift as his/her seniority allows.
Days Off
Each employee shall receive twenty four (24) hours off for each scheduled day off.
Exceptions
Employees required to work in conflict with the above conditions, except as noted, shall be compensated at the rate of one and one-half (1 1/2) times their hourly rate for the entire shift worked.
Conflicts resulting from a voluntary change of shift or work hours by the employee as a result of bidding for shift assignment shall be exempt from this provision.
ATTACHMENT 1
24 Conflicts resulting from assignment to training or schools of three (3) days or more shall be exempt, providing that the employee does not lose any days off as a result of the change and that adequate allowance for travel is made.
Conflicts resulting from necessary and reasonable scheduling of employees in training in the FTO (Field Training Officer) program for newly hired employees shall be exempt.
Waiver of Extra Compensation
An employee may waive extra compensation voluntarily if desired. No employee shall receive extra compensation if the conflict is at the employee's own request.
Voluntary shall be defined as the initiation of the employee, and not by acquiescence to a request or demand by the Department.
A minimum rest period of 8 hours will be provided to the employee. If the employee is required to work overtime causing less than an 8 hour rest period, the city will allow the employee to modify their schedule to allow for the 8 hour rest period, with no charge to the employee's time off bank.
44. SENIORITY
In addition to City Ordinance 248.130, Section 3 of the Municipal Code, the following seniority provisions will be incorporated into the Memorandum of Understanding:
Departmental Seniority
Employees shall be placed on a seniority list in accordance with the date they were first hired by the City of Manteca. After January 1, 2007, when two (2) or more employees are assigned to the payroll on the same day, preference in placement on the list shall be given based on the original time and date of the employment application.
Placement on the Seniority List
Shall not be affected by authorized leaves of absence, including injured-on-duty time where such medical disability was incurred in the course and scope of the employee's duties.
Seniority List Placement Qualifies an Employee for
1. Order of layoff, which is the dismissal of at least one (1) employee due to lack of work, lack of funds, abolishment of position.
2. Vacation preference.
3. Shift assignment preference.
4. Days off preference.
ATTACHMENT 1
25 With regard to 2, 3, and 4 above, seniority shall prevail unless the needs of the department reasonably require otherwise.
45. EMPLOYMENT OF RELATIVES
For purposes of clarification and interpreting the City’s Employment of Relatives rule, members of this association shall not be considered as having sole authority to make assignments and, thus, do not fall within the supervisory conflict of interest relationship. However, should a relationship as defined in the rule occur, for purposes of morale, separate shift assignments might be required to ensure a conflict of interest violation does not occur.
46. LIGHT DUTY ASSIGNMENTS
The City agrees that they shall endeavor to provide light duty assignment in a nondiscriminatory manner to persons injured either on or off the job. Such assignments shall be based upon the needs of the department and shall be within the medical limits set by the employee's treating physician.
The City will endeavor to place injured employees in light duty assignments comparable to their regular duty assignments preferably within their department.
47. PEACEFUL PERFORMANCE
The parties to this Memorandum of Understanding recognize and acknowledge that the services performed by the City employees covered by this Agreement are essential to the public health, safety and general welfare of the residents of the City of Manteca. Association agrees that the Association will not permit its members to participate in, nor will any member of the bargaining unit take part in, ANY strike, sit-down, stay-in, sick-out, slow-down, or picketing, (hereinafter collectively referred to as work-stoppage), in any office or department of the City or interfere with any operation of the City during the term of this Agreement (excluding any unilateral extensions of the term of this Agreement by the City). In the event of any such work-stoppage by any member of the bargaining unit, the City shall not be required to negotiate on the merits of any dispute which may have given rise to such workstoppage until said work-stoppage has ceased.
In the event of any work-stoppage during the term of this Memorandum of Understanding (excluding any unilateral extensions of the term of this Agreement), whether by the Association or by any member of the bargaining unit, the Association, by its officers, shall immediately declare in writing and publicize that such work-stoppage is illegal and unauthorized and further direct its members in writing to cease the said conduct and resume work. Copies of such written notice shall be served upon the City. If in the event of any work-stoppage, the Association promptly and in good faith performs the obligations of this paragraph, and providing the Association had not otherwise authorized such work-stoppage, the Association shall not be liable for any damages caused by the violation of this provision.
ATTACHMENT 1
26 However, the City shall have the right to discipline, to include discharge, any employee who participates in any work-stoppage activity herein prohibited, and the City shall also have the right to seek full legal redress, including damages, as against any such employee.
48. SEPARABILITY OF PROVISIONS
Should any section, clause or provision of this Agreement be declared illegal by final judgment by a court of competent jurisdiction, such invalidation of said section, clause or provisions shall not invalidate the remaining portions hereof and such remaining portions shall continue in full force and effect. In the event of such invalidation, the parties agree to meet and confer concerning substitute provisions for any part of this Agreement rendered or declared illegal.
49. REOPENER
On or about March 1, 2025, and each year thereafter for term of the contract, the City and the Union/Association will discuss the financial position of the City’s Sales Tax.
At that if there is an increase of 5% Sales Tax from previous fiscal year of the City, the parties agree to open the contract on matters pertaining to wage for the purpose of negotiating changes for the remainder of this contract consistent with the financial needs of the City.
Any agreement(s) reached as a result of such reopening shall become effective at a date mutually agreed upon by the City and association.
APPENDIX A
ATTACHMENT 1
27 This Memorandum of Understanding shall remain in full force and effect until a successor MOU is signed by the parties herein.
Executed this _________ day of ____________, 2026.
For the City of Manteca:
________________________________
Jose Jasso, Assistant City Manager
________________________________
For MPEA:
_____________________________
Cecilia Liles, President
________________________________
ATTACHMENT 1
28 Stephanie Van Steyn, Director of Human
Resources
Amber Hoiska, Labor Relations Consultant
Mastagni Holstedt
50. SIGNATURES
Executed this ____ day of ______________, 2023
MANTECA POLICE EMPLOYEES ASSOCIATION CITY OF MANTECA
David Jones, President Jose Jasso, Assistant City Manager ATTACHMENT 1
29 Cecilia Liles, Vice President Tricia Cobey, Acting Human Resources Manager
Mark Bartley, Labor Consultant
Mastagni Holstedt