CITY OF MANTECA, CALIFORNIA
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE MANAGEMENT REPRESENTATIVES OF THE
CITY OF MANTECA
AND
THE EMPLOYEE REPRESENTATIVES OF
THE
MANTECA POLICE OFFICERS’ ASSOCIATION
July 1, 2026 – June 30, 2029
TABLE OF CONTENTS
TOC \O "1-2" \U I. TERM, RECOGNITION AND RIGHTS PAGEREF _TOC142227472 \H 5
1. TERM OF AGREEMENT PAGEREF _TOC142227473 \H 5
2. INTENT AND PURPOSES PAGEREF _TOC142227474 \H 5
3. RECOGNITION AND NON-DISCRIMINATION PAGEREF _TOC142227475 \H 5
4. MANAGEMENT RIGHTS PAGEREF _TOC142227476 \H 6
5. MANAGEMENT OBLIGATION PAGEREF _TOC142227477 \H 7
6. ASSOCIATION RIGHTS PAGEREF _TOC142227478 \H 7
7. UNION SECURITY PAGEREF _TOC142227479 \H 8
8. ASSOCIATION TIME BANK 8
II. COMPENSATION PAGEREF _TOC142227481 \H 9
9. SALARY PAGEREF _TOC142227482 \H 9
10. WORK PERIOD AND OVERTIME………………………………………………………………………………9
11. COMPENSATORY TIME OFF (CTO) ……………………...…………………………………………………10
12. DEFERRED COMPENSATION ……………………………………...………………………………………...11
13. UNIFORM ALLOWANCE PAGEREF _TOC142227484 \H 11
14. HOLIDAY PAY PAGEREF _TOC142227485 \H 11
15. FLOATING HOLIDAY 11
16. LONGEVITY PAY PAGEREF _TOC142227487 \H 12
17. SHIFT DIFFERENTIAL PAY 12
18. BILINGUAL 12
19. EDUCATIONAL INCENTIVE PAY PAGEREF _TOC142227490 \H 13
20. SPECIALIZED ASSIGNMENTS PAGEREF _TOC142227491 \H 13 TRAFFIC UNIT ASSIGNMENT 13
K-9 UNIT ASSIGNMENT 13
TRAINING OFFICER 13
HOSTAGE NEGOTIATION TEAM (H.N.T.) PAGEREF _TOC142227495 \H 14 POLICE ADMINISTRATIVE OFFICER ASSIGNMENT…………………………………………………………………………………….14 CUMULATIVE BENEFITS 14
MUTUAL AID ASSIGNMENTS 15
21. CALLBACK PAY 15
22. OUT-OF-CLASS PAY PAGEREF _TOC142227500 \H 15
23. STAND BY PAY 15
III. LEAVE PAGEREF _TOC142227502 \H 16
24. VACATION PAGEREF _TOC142227503 \H 16
25. WELLNESS DAYS PAGEREF _TOC142227504 \H 17
26. SICK LEAVE... 17
27. SICK LEAVE/VACATION/CTO BANK 17
28. BEREAVEMENT LEAVE………………….……………………………………………………………………18 IV. HEALTH 19
29. HEALTH BENEFITS 19
30. DENTAL INSURANCE 20
31. VISION INSURANCE 20
32. LIFE INSURANCE 20
33. PSYCHOLOGICAL COUNSELING PROGRAM 20
V. RETIREMENT 20
34. RETIREMENT 20
35. SICK LEAVE PAY OFF OR CONVERSION UPON RETIREMENT PAGEREF _TOC142227515 \H 23
36. RETIREE HEALTH 23
37. SPECIAL ON-DUTY DEATH BENEFIT 23
VI. DISCIPLINE 23
38. EMPLOYEE RIGHTS 23
39. GRIEVANCE PROCEDURE 25
VII. MISCELLANEOUS 27
40. TRAINING 27
41. SHIFT SEPARATION 27
42. SENIORITY 29
43. EMPLOYMENT OF RELATIVES 29
44. LIGHT DUTY ASSIGNMENTS 30
45. NO SMOKING PROVISION 30
46. PEACEFUL PERFORMANCE 30
47. SEPARABILITY 30
48. SIGNATURES 32
This Memorandum of Understanding, by and between the CITY OF MANTECA, hereinafter referred to as the "City" and the MANTECA POLICE OFFICERS’ 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, 2026, and shall remain in full force and effect until June 30, 2029. During the final year of this MOU, and prior to April 1, the Association shall submit a written request to begin negotiations for a successor MOU to the City. Failure to provide notice shall result in the extension of this MOU for one (1) additional year on the same terms and conditions as contained therein.
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 of the Police Department as enumerated as follows:
Police Sergeant
Police Officer
All job duties and assignments currently held by the above classifications shall be performed exclusively by full-time members.
Non-Discrimination
The City and the Association agree that there will be no discrimination against any employee because of race, color, ancestry, national origin, religion, sex (including pregnancy, childbirth, breastfeeding or related medical conditions), gender, disability, age(over 40), genetic information, marital status, sexual orientation, gender identity and gender expression, medical condition, political activities or affiliations, military or veteran status and status as a victim of domestic violence, assault or stalking.
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; and exercise complete control and discretion over its organization and the technology of performing its work.
The Union 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 the 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, who 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 they have 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.
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
Employees may sign up for payroll deductions of Association dues with the Association. The Association will certify to the City any new members of the Association.
City agrees to deduct dues as established by the Association and premiums for approved insurance programs from the salaries of the Association members. The sum so withheld shall be remitted by the City, without delay, directly to the Association along with a list of employees who have had such amounts deducted. Association agrees to provide a listing of all additions or deletions of membership or requested changes to establish payroll deductions of its members to the City.
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 healthcare 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 officers, employees and agents acting on its behalf from and against any and all losses, damages, costs, expenses, claims, demands, actions, suits, judgements 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 members, who notify the City of his/her 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.
8. ASSOCIATION TIME BANK
An Association Time Bank (ATB) has been established for the purpose of allowing MPOA members to request paid time off for Association business, including participation in Association sponsored training, conferences and workshops. Any request of ATB time shall require the approval of the President prior to submission.
ATB requests shall follow the same policy for approval as vacation time. ATB time requests shall be approved unless staffing is required on an overtime basis in order for the request to be approved. The Chief reserves the right to approve ATB requests that incur overtime costs. ATB time shall not supersede previously approved vacation requests of other Chief’s personnel.
Upon ratification each employee covered by this bargaining unit shall contribute two and a half (2.5) hours of vacation leave to the ATB. During the first full pay period that begins January of each year, each employee covered by this MOU shall contribute two and a half (2.5) hours of vacation leave to the ATB. This time, if not utilized by the Association within the year it is contributed, shall not be returned to the contributing members, nor shall this time be subject to cash out, but rolled over to the next year’s ATB. This time shall become property of the MPOA and shall be banked. Contributions to the ATB shall be done on an hour for hour basis.
II. COMPENSATION
9. SALARY
Refer to Salary Matrix published by the Human Resources Department for salary range and corresponding salary steps within that range.
General Salary Increases
Effective July 1, 2026, or upon the first full pay period following ratification of this MOU by MPOA and approval by the City Council, employees will receive a 4% base salary increase.
Effective July 1, 2027, employees will receive a 3% base salary increase.
Effective July 1, 2028, employees will receive a 2% base salary increase.
10. WORK PERIOD AND OVERTIME
WORK PERIOD
Employees of this unit are assigned to the 4/10 work schedule consisting of 10- hour workdays for four days out of the designated seven-day work period/work week. The seven-day work period under Section 7(k) of the FLSA shall run from 12:01 a.m. Monday through 12:00 a.m. Sunday.
OVERTIME PAYMENT
Pursuant to this MOU, overtime shall be paid at one and a half times (1.5X) the employee’s regular rate of pay for all hours worked in excess of their normal work shift. All paid time including leave hours taken shall count as “time worked” for the purpose of calculating overtime.
Expressly excluded from “time worked” for purposes of earning overtime is time spent by an employee while participating in their own grievance under the grievance procedures in Section 12 of the City’s Rules and Regulations; however, if the city orders an officer/grievant to attend or testify at a hearing or they are subpoenaed by the city, and only the city, for a disciplinary hearing, the employee will be in a paid status; if a grievant is requested to participate on behalf of the their attorney, no additional compensation will be granted. Witness officers called by the grievant’s representative shall be in paid status, however, the grievant’s representative and the City’s representative shall communicate their witness schedule for efficiency purposes and in an effort to minimize the City’s financial liability. The Department shall not deny an officer’s request for reasonable time off to attend their own grievance and/or discipline hearing(s).
The department shall not change an officer’s work schedule in the same pay period to avoid the payment of overtime. With the exception of School Resource Officers (SRO), changes to an officer’s work schedule shall be done by mutual agreement only. The department may alter SRO schedules as needed during times when school is not in session for two or more consecutive days. The department may flex an officer’s days off once per calendar year for a POST training course.
Assignment of Last Minute Overtime In Patrol
Last minute overtime is overtime caused by a vacancy created with less than twenty-four (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 field training are exempt from Section 10.
11. COMPENSATORY TIME OFF (CTO)
Compensatory time off (CTO) may be accrued in lieu of overtime pay to a maximum of eighty (80) hours. CTO shall be accrued at a rate of one and one-half (1.5) hours for each overtime hour worked. Employees shall be allowed to cash out up to a maximum of 40 hours of earned compensatory time off twice per year, on the June 7th and December 7th paycheck dates. CTO hours that are cashed out are paid out at the employee’s regular rate of pay pursuant to the FLSA.
Employees shall be permitted to use accrued CTO within a reasonable period after making a request, provided the use of CTO does not create a need to fill the resulting vacancy with overtime in order to meet minimum staffing requirements. Employees must have sufficient hours available in the CTO bank when the CTO request is submitted.
CTO time currently on the books prior to July 1, 2026, may remain at current balance levels and may be used or cashed out at the employee’s discretion; the 80 hour maximum as stated above does not apply until such time the employee uses or cashes out hours bringing the balance at or below 80 hours.
12. DEFERRED COMPENSATION
The City will contribute an additional 1% of base salary directly to the 457 deferred compensation plan for all members.
13. UNIFORM ALLOWANCE
Employees shall receive an annual uniform allowance as follows, for the purchase of required police uniform clothing:
Each July 1 - $1,200 per year (to be paid on the first payday each fiscal year) For classic members, uniform allowance will be reported to CalPERS as special compensation as earned each pay period, as it is excluded for PEPRA members.
The uniform allowance excludes items that are solely for personal health and safety such as protective vests, pistols, bullets, and safety shoes.
14. HOLIDAY PAY
Holiday in Lieu Pay
Employees shall be paid Holiday in lieu differential pay, in the amount of 5% of base pay; this is additional compensation for employees who are normally required to work on an employer approved holiday because they work in positions that require staffing without regard to holidays. In lieu of receiving holidays off, employees are paid over and above their normal monthly salary for approved holidays, the additional compensation is holiday pay and reportable to PERS (CCR 571(a)(5)).
Holiday in lieu shall be included in the employee’s regular rate of pay.
15. 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 July 1 and prior to September 1 shall be eligible for three (3) floating holidays. Employees who are employed by the City between September 1 and December 31 shall be eligible for two (2) floating holidays. Employees hired between January 1 and March 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.
This leave shall also not create overtime in any way for the City of Manteca and/or the Manteca Police Department
16. LONGEVITY PAY
All employees are eligible for longevity pay under this Section based on the following:
Employees with ten years (10) of continuous employment shall receive an additional one percent (1%) of base pay.
Employees with fifteen years (15) of continuous employment shall receive an additional three percent (3%) of base pay.
Employees with twenty years (20) of continuous employment shall receive an additional five percent (5%) of base pay.
All employees hired prior to December 31, 2011, for purposes of this section, the effective date of their longevity shall be the contract hire date or previously hired city appointment date. All employees hired after December 31, 2011 it shall be the City appointment date. Breaks in service of less than a year shall not constitute an interruption of continuous service for this section.
The maximum benefit under this section shall be 9%.
17. SHIFT DIFFERENTIAL PAY
Employees assigned to work the graveyard shift shall receive an additional 1.5% pay supplement over their regular base rate of pay. Only members working Patrol are eligible.
18. BILINGUAL
Persons 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 rate of pay per month in addition to their base rate of pay. An employee is entitled to receive bilingual pay provided that employee has passed a proficiency examination as determined by the City.
19. EDUCATIONAL INCENTIVE PAY
All members of this bargaining unit shall receive 5% of the monthly base rate of pay per month upon the presentation of satisfactory proof that the employee has been awarded a regular Intermediate POST Certificate by the Commission on Peace Officers Standards and Training (POST), or an AA degree, Each member of this bargaining unit shall receive an additional 5% of the monthly base rate of pay per month upon presentation of satisfactory proof that the employee has been awarded a regular Advance POST Certificate by the Commission of Peace Officer Standards and Training (POST), or a Bachelor’s degree.
The maximum benefit shall not exceed 10%. Payment shall accrue on the first day of the pay period following the presentation of eligibility.
20. SPECIALIZED ASSIGNMENTS
Selection Process for Specialized Assignments
Applications for special assignments shall be made on a department application for Special Assignment form. The standard selection process consists of a supervisor’s appraisal, written problem or practical exercise, appraisal panel, and final recommendation to the Police Chief by the supervisor and Division Commander. The Police Chief shall appoint an employee for the special assignment position from the top three applicants on the eligibility list.
Traffic Unit Assignment
All members assigned to the traffic unit shall receive 5% of their monthly base rate of pay per month in addition to their base rate of pay for all such periods of assignment.
K-9 Unit Assignment
All members assigned to the Police Department's K-9 Unit shall receive 5% of their monthly base rate of pay per month in addition to their base rate of pay for all such periods of assignment. In addition, the City will pay to board the dog for two weeks per year to coincide with annual vacation weeks; and each member will receive an additional 66 hours of pay annually payable each pay period, for feeding, exercising, and cleanup of the dogs.
Training Officer
Three (3) training officers will be assigned on a rotating basis as determined by the Chief of Police. These training officers will be responsible for training new Police Officers, as well as, being responsible for training current staff on a quarterly basis in specialized areas, and updating departmental training as required.
If more than three (3) new Police Officers are receiving their initial training period, upon recommendation of the Chief of Police and approval of the City Manager, additional Training Officers may be assigned on a temporary basis for the 8-12 week initial training period. No more than one Training Officer per new Police Officer will be assigned.
Compensation for Training Officers and the FTO Coordinator will be 5% of their monthly base rate of pay per month in addition to their base rate of pay for all such periods of assignment.
Hostage Negotiation Team (H.N.T.)
The City shall pay directly for the annual membership dues for California Association of Hostage Negotiators (CAHN) on behalf of H.N.T. members.
All members assigned to work in the specialized assignments below by the Chief of Police for a period to be determined by the Chief, shall receive 5% of their monthly base rate of pay in addition to their base rate of pay for all such periods of the assignment:
Auto Theft Investigator (DeltaRATT)
AB 109 Detective
Community Resource Officer (CRO)
Detectives
DUI Officer
Explosive Ordinance Device (E.O.D)
Organized Retail Crime (ORC)
Street Crime Unit (S.C.U.)
Specialized Weapons and Tactics Team (SWAT)
Police Administrative Officer Assignment
Members assigned as a Police Administrative Officer will provide support directly to the Police Chief and command staff. Assignment duties include administrative support in the operation of the police department, which may include, but are not limited to the following duties: professional standards oversight training and development; policy development and review; public information officer responsibilities; and community engagement. Member shall receive 5% of their monthly base rate of pay per month in addition to their base rate of pay for all such periods of assignment.
Cumulative Benefits
The maximum cumulative Special Assignment Pay shall be 7.5% of the monthly base rate of pay Mutual Aid Assignments
All personnel assigned by the Chief of Police to provide Mutual Aid to another public agency will be compensated (portal to portal) from time of assignment to their return to the police headquarters. While on Mutual Aid Assignment, personnel will be compensated at their regular rate of pay during their normally assigned shifts. Personnel assigned to work on days off shall be compensated at the overtime rate. Specific policies and procedures applicable to Mutual Aid Assignments shall be determined by the department.
21. CALLBACK PAY
Minimum Callback Time:
Employees of this unit who are called back to duty for court or any other reason shall receive a minimum callback pay of three (3) hours at the rate of time and one-half (1 1/2).
22. 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.
23. STAND BY PAY
Represented employees who are assigned to investigative duties may be placed on standby by the Chief of Police subject to the following:
Standby assignments normally shall be for one (1) week beginning and ending at 0730 hours on a Tuesday.
Officers assigned to standby duties may not consume alcoholic beverages and must otherwise maintain their fitness for duty at all times so assigned.
Officers assigned to standby duties must carry a departmental cell phone and shall normally respond to texts, telephone calls, voicemail messages, etc., within ten (10) minutes.
Officers assigned to standby duties must remain within such proximity to the City of Manteca so as to be able to arrive on the scene of a call-out within one hour of notification.
Officers assigned to standby duties may drive a city vehicle home while so assigned subject to the provisions of the department’s take-home vehicle policy. The mileage restriction for the assignment of take home vehicles does not apply to officers on standby.
Officers assigned to standby shall be compensated with ten (10) hours of overtime pay for each full week of standby. Standby pay may be taken as pay or compensatory time off at the employee’s option, subject to the compensatory time off accrual limitations contained elsewhere in this Agreement.
Take Home Vehicles: The radius for take home vehicles shall a maximum of 30 miles.
III. LEAVE
24. VACATION
Annual Vacation
Annual Vacation picks shall be based on classification seniority and shall occur once a year in February and be completed prior to the last day of the month. Employees may elect to take two blocks of forty (40) hours or greater of continuous time off. The Chief of Police or designee shall approve the request for Annual Vacation as long as minimum staffing is reached and regardless of maximum enforcement days. Notice shall be provided to the requesting employee within thirty (30) days of submittal.
Requests for Additional Vacation Time
Requests for additional vacation time off shall be done in the following manner:
Employees may request time-off up to ninety (90) days in advance of the date(s) being requested off. The Department shall respond to requests for time off within thirty (30) days of the requested day off. The Department shall not unreasonably deny requests for time off.
Requests for time off, as described here, are approved in the order they are received.
Vacation Accumulation
Earned vacation time may be accumulated, but the employee shall not be allowed to bank more than 3 times the annual accrual at any time without prior approval of the Police Chief, Director of Human Resources and the City Manager. When an employee reaches the maximum allowable vacation credit, no additional vacation credit will be accrued until the vacation balance is below the maximum. Vacation shall be cashed out at the employee’s current rate of pay upon separation of employment.
Employees who are within forty (40) hours of reaching their maximum accrual limit may appeal in writing to the City Manager or designee for a one-time increase (not to exceed a maximum of one year’s accrual) to their accrual cap based on the circumstances involved. Decisions made by the City Manager or designee under this section are not grievable by the Association or employee.
Vacation Accrual Rate
The vacation accrual rate for employees of this bargaining unit shall be as follows and pro rated per pay period:
1 - 48 months of full & continuous service 80 hours annually 49 - 96 months of full & continuous service 120 hours annually 97 - 144 months of full & continuous service 152 hours annually 145 + months of full & continuous service 184 hours annually Employees hired that have 49 months/more than 4 years regular status (non-probationary) experience as a Police Officer or equivalent position, shall earn vacation leave at the rate of 120 hours annually shown in the above table (subject to the same 3 times annual maximum accrual). In order to receive this accrual, a form must be completed by the employee and approved by the Director of Human Resources. After the completion of 96 months at the City of Manteca, the accrual rate will increase in accordance with the table above.
25. WELLNESS LEAVE
All members shall receive forty (40) hours of leave annually on July 1 of each year. Employees may elect to use as leave, cash out or deposit into a deferred compensation account as stated below:
An employee hired after July 1 will not be eligible to cash out wellness leave until after they have completed six (6) months of employment. All forty (40) hours of wellness leave or any increment thereof shall only be used in the fiscal year it was earned as time-off (the use of wellness leave shall not create overtime), deferred compensation or cashed out by June 30th of each year. The cash out or deferred compensation will be an annual option. Any unused wellness leave hours still on the books as of June 30th will be automatically cashed out. Wellness Leave hours not available for cash out shall be forfeited upon separation of employment. 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.
26. SICK LEAVE
Employees shall accrue 4 hours of sick leave per pay period (96 hours of sick leave per year). There shall be no maximum accumulation limit on sick leave accrual.
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. Sick leave may be used for personal illness, health appointments, or to care for a covered family member as defined by California Labor Code 245.5.
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.
27. SICK LEAVE/VACATION/CTO BANK
The employees in this unit may donate sick leave, vacation, and/or CTO to another employee for that employee's use when employee 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 the Human Resources Department. Each pay period the Human Resources 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.
28. BEREAVEMENT LEAVE
In the event of a death in the immediate family of an employee, employee shall, upon request be granted up to five days bereavement leave. Three days bereavement leave may be taken with pay without charge to employees accumulated leave banks. The additional two (2) days bereavement leave shall be charged against the employee’s leave bank of choice. Leave does not have to be taken all at once, but must be taken during the three (3) months following the death, unless otherwise approved by the Chief of Police.
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 the 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 credits.
The City may require evidence of attendance of the funeral.
IV. HEALTH
29. HEALTH BENEFITS
Active Employees
A health care plan will be provided for all employees in accordance with the Citywide Medical Contribution Policy. 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 benefit paid by the city will be as follows Effective January 1, 2026:
Single $ 1,050.00
Employee +1 $2,000.00
Family $2,700.00
If a member chooses to decline health insurance coverage, the City will issue a non-PERS stipend of $ $800.00 in lieu of medical coverage, provided proof of coverage is obtained.
If medical contribution provided to members warrant an increase as per the Citywide Medical Coverage Policy, the specific details of any increase(s) will be provided in a separate document in advance of implementation.
If the City paid total contribution exceeds the cost of the health care coverage, no cash payment shall be made to the employee regardless of the level of coverage they choose (including no coverage). If the cost of coverage exceeds the City’s contribution, the remaining amount will be deducted from the employee’s pay. The employee can elect to have this deduction made on a nontaxable basis.
Under the plan, employees, elect coverage on an annual basis and can only change their coverage during the year if there is a change in status such as marriage, birth of a child, etc. In the event of termination of employment, the plan provides the option of COBRA coverage.
If a member chooses the stipend in lieu of coverage, the stipend can be used toward deferred compensation or taken as a cash payment. The employee shall notify Finance if they want the stipend in lieu of deferred compensation by February of each year. Failure to notify Finance will result in continuation of the previous year's option.
If the member 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.
The member will be required to sign a waiver when canceling coverage. Re-enrollment to CalPERS plans can only be made during the open enrollment period unless criteria for re-enrollment are met as defined by CalPERS. 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.
Retirees
See Section V Retirement for retiree health benefits
30. DENTAL INSURANCE
The City shall pay the entire premium for dental coverage. 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 as part of the dental insurance plan.
31. VISION INSURANCE
The City shall pay the entire premium for vision coverage. The benefit has a $25 co-payment, in-network coverage and dependent coverage.
32. LIFE INSURANCE
Employees shall receive $8,500 of group life insurance coverage upon being employed one full calendar month. The City shall continue to pay all premium costs for life insurance coverage.
33. PSYCHOLOGICAL COUNSELING PROGRAM
The City shall provide members access to the City's Employee Assistance Program, including psychological counseling services, at the City's expense. If, during the term of this contract, law enforcement specific psychological counseling services become available and are offered at a similar cost, the parties shall meet and discuss the City switching to the newly identified services.
V. RETIREMENT
34. 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. All employee contributions to the below retirement plans shall be paid on a pre-tax basis in accordance with the provisions of the Internal Revenue Code 414 (h) (2) – Employee Pick-Up. Retirement benefits shall be consistent with 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:
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; 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 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:
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 30, 2012.
Classic Tier 1 members shall receive the 3% at 50 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 nine percent (9%).
Additionally, Classic Tier 1 members shall pay through payroll deduction an additional nine percent (9%) toward the cost of pension benefits, for a total of eighteen percent (18%), as permitted by Government Code Section 20516(b)-Contract Amendment Method. Under the contract amendment method, the 9% cost-sharing shall be paid by employees on a pre-tax basis and will be credited as a member contribution.
Classic Tier 2: Retirement plan for employees hired with the City 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 3% at 55 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 nine percent (9%).
Additionally, Classic Tier 2 members shall pay through payroll deduction an additional nine percent (9%) toward the cost of pension benefits, for a total of eighteen percent (18%), as permitted by Government Code Section 20516. The parties acknowledge that CalPERS mandates an election of unit members, separate from ratification of this MOU, to provide for this cost sharing pursuant to Government Code Section 20516(b)- Contract Amendment Method. Under the contract amendment method, the 9% cost-sharing shall be paid by employees on a pre-tax basis and will be credited as a member contribution.
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 2.7% at 57 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.
As required by Government code §7522.04(g), unit members covered by this Section shall pay, through payroll deduction, fifty percent (50%) of the total normal cost of their retirement plan as determined annually by CalPERS.
PEPRA members shall only pay half the normal cost as determined annually by CalPERS.
Under no circumstances shall PEPRA members pay less than half the normal cost as determined annually by CalPERS.
35. SICK LEAVE PAY OFF OR CONVERSION UPON RETIREMENT
All members retiring with CalPERS have the option to either: 1) receive cash payment of fifty percent (50%) for all unused sick leave, and the remaining unused sick leave hours will be reported to CalPERS as service credit up to one year, pursuant to government code section 20965 which is included as an optional benefit in the City’s CalPERS contract; or 2) elect to have 100% of sick leave credited towards service credit in accordance with the CalPERS Sick Leave Conversion upon Retirement, for a maximum of one year service credit. For purposes of this section, cash payment shall be defined as:
a payment in the form of a check
contributions being made to the deferred compensation plan Eligibility for such payment will occur only in the event of CalPERS normal service retirement, industrial disability retirement, disability retirement, or early retirement (excluding deferred retirement) from City service.
36. RETIREE HEALTH
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.
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.
37. SPECIAL ON-DUTY DEATH BENEFIT
In the unfortunate event that an officer dies while on duty, the City will provide a $25,000 death benefit paid immediately to the officer’s beneficiary.
VI. DISCIPLINE
38. EMPLOYEE RIGHTS
Right of Access:
Any employee in this bargaining unit may examine the entire contents of their 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 Human Resources Office of the City or Police Department. The employee, however, must provide the City or Police Department with reasonable advance notice in order to provide office personnel an opportunity to schedule an appointment. Advance notice will insure the normal workflow 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.
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 agrees with the concept of progressive disciplinary action.
Investigation of Employees:
The City agrees that, except in those cases of criminal conduct, an employee shall be notified within a reasonable time frame, in writing, of the initiation of any investigation by the City or Department regarding alleged misconduct. The employee shall be advised of the nature of the complaint and will be told of what the disposition of the case is, in writing, by the Chief of Police or designee. Except in cases of extreme complexity, no investigation shall continue beyond sixty (60) days without further notifying the employee involved of the reasons for the continuation of the investigation. The investigation can be continued for an additional fifteen (15) days up to a maximum of ninety (90) days. At the conclusion of ninety (90) days, the disposition of the case must be decided, unless criminal proceedings take precedent. The parties agree to meet and confer during the term of this MOU to discuss Government Code Section 3304 application and any changes necessary to this section will result in a side letter agreement at a later date.
Polygraph:
The City and the Association agree that an employee shall not be compelled to submit to a polygraph examination or voice stress analysis against their will. No disciplinary action or other recrimination shall be taken against an employee refusing to submit to these tests, nor shall any testimony or evidence be admissible at a subsequent hearing, trial, or proceeding, judicial or administrative, to the effect that the employee refused to take these tests.
Locker Search:
The City and the Association agree that the City shall have the right to search an employee's locker or other space provided to them by the City for storage. No search shall take place unless it is in the employee's presence or with their consent or unless the employee has received notice that the search will be conducted and chooses not to be present.
39. GRIEVANCE PROCEDURE
Definition of a Grievance
The term “Grievance” shall mean any dispute between the City and an employee or employees, or between the City and the Association concerning the interpretation, application, breach, or violation of any provisions of the Memoranda of Understanding, Personnel Rules, Council Policy, or other City Policy and Procedures, City Ordinances, resolution of the Council, or Administrative Procedures dealing with personnel matters which have been adopted. Exceptions that have been specifically prescribed in this MOU or in the City’s Rules and Regulations are not subject to the grievance procedure. Suspension, dismissal, demotion, or reduction in step within a range are not subject to the grievance procedure.
The grievance procedure is not to be used to request changes in wages, hours, or working conditions; to challenge the content of employee evaluation or performance reviews; to challenge a reclassification, layoff, transfer, or denial of reinstatement, and any disciplinary action.
The employee retains all rights conferred by Sections 3500 et. seq., of the Government Code or Rules and Regulations of the City unless waived by such employee.
Other Definitions
As used in this procedure, the term “party” means an employee, the Association, the City, or their authorized representatives.
As used in this procedure, the term “supervisor” means the individual who assigns, reviews, and directs the work of an employee.
Reporting Time Limitation
An employee who wishes to initiate the grievance process must bring the grievance to the attention of his/her supervisor within fifteen (15) calendar days after the grievant knew, or reasonably should have known, of the circumstances which form the basis for the grievance. Failure to do so will render the grievance null and void.
If the City fails to respond to a grievance within the time limits specified for that step, the grievant shall have the right to appeal to the next step.
Any timeline provided for this procedure may be extended upon the mutual written consent of the parties.
Any step of this grievance procedure may be skipped upon the mutual written consent of the parties.
Presentation of the Grievance
An employee may present a grievance while on duty, provided such use of on-duty time is kept to a reasonable minimum as determined by the City Manager. The written grievance shall set forth the specific factual and other basis for the employee’s complaint and shall identify the rule or issue allegedly being violated by the City. It shall also provide an acceptable remedy to resolve the grievance.
Employee Representation
At any step in the grievance procedure, the employee concerned may choose to represent himself/herself; or by that certified employee organization that has been recognized by the City for that representation unit to which the employee’s classification is assigned; or by legal counsel. The employee concerned shall be personally present at all stages of unless that employee specifically waives the right in writing. Grievances filed by the Association on behalf of the entire membership are exempt from this requirement.
Copy of Decision
At each step of the formal grievance procedure, a copy of the decision shall be sent to the Association at the same time as the decision is sent to the grievant.
Grievance Resolution– First Step/Informal Resolution
To initiate informal discussion of a grievance, the employee shall provide their immediate supervisor with a written description of the circumstances causing the grievance within the timeframe provided above. Within fifteen (15) calendar days after the receipt of the grievance, the supervisor and the employee shall discuss the grievance collaboratively and attempt to mutually identify a resolution of the problem. Within fifteen (15) calendar days after the meeting, the supervisor shall provide the grievant with a written memorandum of the meeting, stating the resolution identified, if any. Employees must complete the informal resolution process prior to submitting a formal grievance.
Grievance Resolution – Second Step/Formal Resolution
If a grievance is not resolved at Step One to the satisfaction of the grievant, the grievant may appeal the grievance to the Chief of Police or designee. The Step Two grievance shall be initiated within fifteen (15) calendar days of the decision rendered at Step One of the grievance procedure. A formal written grievance shall state the date and nature of the grievance, and shall state all specific facts or omissions upon which the grievance is based. It shall include an acceptable remedy to resolve the grievance. The formal grievance shall be filed with the Chief of Police or designee. Within fifteen (15) calendar days after the filing of the formal grievance, the Chief of Police or designee shall give his or her decision in writing to the grievant.
Grievance Resolution – Third Step/City Manager Appeal
If the grievant is not satisfied with the decision rendered by the Chief of Police or designee, the grievant may appeal the decision in writing within fifteen (15) calendar days to the City Manager or designee. The appeal shall state the date and nature of the grievance, and shall state all specific facts or omissions upon which the appeal is based. It shall also include an acceptable remedy to resolve the grievance. If no appeal has been submitted within fifteen (15) calendar days from the date of receiving the formal decision, the Chief of Police or designee’s formal decision shall be considered as final.
City Manager Decision
Upon receipt of an appeal of a formal grievance, the City Manager or designee shall discuss the grievance with the grieving party; the supervisor, Chief of Police or designee; and any other involved parties, if any. The City Manager or designee shall render a formal decision in writing to the employee within fifteen (15) calendar days after receipt of the appeal. The decision of the City Manager is final.
VII. MISCELLANEOUS
40. TRAINING
The City agrees that well trained officers 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 City Personnel Officer, officers will be sent to schools of their choice that will enhance their training and benefit the City.
In Service Training:
All members in this bargaining unit shall receive POST approved formal training at least once a year and shall receive POST approved Advanced Officer's Training at least once every two years.
All members shall receive target ammunition at open range and quarterly range training.
41. 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 schedule notation. Such notice shall not be required if a change is required due to sick leave, court appearance, or other significant event which occurrence would not provide the City sufficient time to give the required notice. Regular hours of work are defined as the pre-scheduled shift assignment.
Shift Separation:
Every employee in this bargaining unit shall receive time off between shifts equal to twenty-four (24) hours less the length of the employee's regular shift.
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. 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 all such hours 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.
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.
42. 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 the classification seniority list in accordance with the date they were first placed on the payroll of the Police Department as full-time sworn officers. 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 on the employment application for employees hired after January 1, 2007.
Seniority List Placement for Police Sergeants:
Shall be the date of rank.
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:
Order of layoff, which is the dismissal of at least one (1) employee due to lack of work, lack of funds, abolishment of position.
Vacation preference.
Shift assignment preference.
Days off preference.
Selection of patrol beat and vehicle assignment on a per-shift basis.
With regard to 2, 3, 4, and 5 above, seniority shall prevail unless the needs of the department, as determined by a lieutenant or above, reasonably require otherwise.
43. EMPLOYMENT OF RELATIVES
For purposes of clarification and interpreting the City’s Employment of Relatives rule, police officers 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.
44. LIGHT DUTY ASSIGNMENTS
The City agrees that they shall endeavor to provide light duty assignment in a non-discriminatory 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.
45. NO SMOKING PROVISION
A Police Officer employed after June 1, 1984, as a condition of employment shall refrain from smoking tobacco or any substance. Police Officers employed after June 1, 1984, will be required to sign a "No Smoking Agreement".
46. 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 work-stoppage 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. 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.
47. SEPARABILITY
Every clause of this agreement shall be deemed separable from every other clause of this agreement and in the event that any clause or clauses shall be finally determined to be in violation of any law by judgment or decree of any court of competent jurisdiction, then any such clause or clauses, only to the extent that they may be in violation, shall be deemed unenforceable without impairing the validity and enforceability of the remainder of this agreement.
SIGNATURES
Executed this ____ day of ______________, 2026
MANTECA POLICE OFFICERS ASSOCIATION
CITY OF MANTECA
Mike Wise, President
Jose Jasso, Assistant City Manager
Matthew Smith, Vice President
Stephanie Van Steyn, `Director of Human Resources
Leticia Ruano, Labor Relations Consultant
Mastagni Holstedt
ATTACHMENT 7
PAGE \* MERGEFORMAT 1