MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF MERCED
AND THE
MERCED POLICE OFFICERS’ ASSOCIATION
August 5, 2024, through June 30, 2027
APPENDIX A
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Table of Contents
Page
Preamble ......................................................................................................................... 1 Article 1- Recognition ...................................................................................................... 1 Article 2- Association Rights ............................................................................................ 1
2.1. Text Dues ........................................................................................................... 1
2.2. Orientation .......................................................................................................... 1 Article 3- Hours of Work .................................................................................................. 2
3.1. FLSA Work Period ............................................................................................. 2
3.2. Workday ............................................................................................................. 2
3.3. Posting of Schedules ......................................................................................... 2
3.4. Shift Change ...................................................................................................... 2
3.5. Rest Periods ....................................................................................................... 2
3.6. Meal Period ........................................................................................................ 3 Article 4- Overtime........................................................................................................... 3
4.1. Overtime............................................................................................................. 3
4.2. Compensatory Time Off (CTO) Payout .............................................................. 3
4.3. Court Pay ........................................................................................................... 3
4.4. Call-Back ............................................................................................................ 3
4.5. Remote Response Pay ...................................................................................... 3
4.6. On-Call ............................................................................................................... 4 Article 5- Wages .............................................................................................................. 4
5.1. Salary Schedule ................................................................................................. 4
5.2. Salary Increases ................................................................................................ 4
5.3. Equity Adjustment ............................................................................................. 4
5.4. Longevity Pay ................................................................................................... 4 Article 6- Premium Pays .................................................................................................. 5
6.1. Peace Officers Standards and Training (POST) Incentive Pay .......................... 5
6.2. Education Pay .................................................................................................... 5
6.3. Bilingual Pay ...................................................................................................... 5
6.4. Shift Differential .................................................................................................. 5 Article 7- Special Assignments ........................................................................................ 6
7.1. Detective Premium ............................................................................................. 6
7.2. Field Training Officer (FTO) Pay ........................................................................ 6
7.3. Canine Pay ......................................................................................................... 6 Article 8- Insurances ........................................................................................................ 6
8.1. Benefits Provided and Required ......................................................................... 6
8.2. Plan Selection and Employee Benefit Committee .............................................. 7
8.3. Schedule of Allowances Per Pay Period ............................................................ 7 Article 9- Retiree Medical, Dental, and Vision ................................................................. 7
9.1. Eligibility ............................................................................................................. 7
9.2. Groups ............................................................................................................... 8
9.3. Benefits Provided Per Group .............................................................................. 8 Article 10- Retirement ...................................................................................................... 9
10.1. California Public Employees Retirement System (CalPERS) ......................... 9
10.2. Deferred Compensation Plan ........................................................................ 10
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Article 11- Leaves ......................................................................................................... 10
11.1. Vacation Leave ............................................................................................. 10
11.2. Maximum Vacation Accrual .......................................................................... 10
11.3. Vacation Cash Out ........................................................................................ 11
11.4. Holidays ........................................................................................................ 11
11.5. Holiday In Lieu .............................................................................................. 11
11.6. Sick Leave .................................................................................................... 11
11.7. Sick Leave Usage ......................................................................................... 12
11.8. Payment of Unused Sick Leave .................................................................... 12
11.9. Sick Leave Upon Retirement ........................................................................ 12
11.10. Bereavement Leave .................................................................................. 12 Article 12- Uniform Allowances ..................................................................................... 13
12.1. Uniform Allowance ........................................................................................ 13
12.2. Motorcycle Equipment Allowance ................................................................. 13 Article 13- Voluntary Resignation .................................................................................. 13 Article 14- Layoffs ......................................................................................................... 13 Article 15- Grievance Procedure ................................................................................... 14
15.1. Grievance Procedure .................................................................................... 14
15.2. Time Limit for Filing Grievance ..................................................................... 14
15.3. Procedure ..................................................................................................... 14
15.4. Step One ....................................................................................................... 15
15.5. Step Two ....................................................................................................... 15
15.6. Step Three .................................................................................................... 15
15.7. Step Four ...................................................................................................... 15
15.8. Effect of Time Limits ..................................................................................... 15 Article 16- No Strike ...................................................................................................... 16 Article 17- Severability ................................................................................................... 16 Article 18- Term ............................................................................................................. 16 Appendix “A” Salary Schedule ...................................................................................... 18
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Preamble
This Memorandum of Understanding (MOU) is between the City of Merced (City) and the Merced Police Officers’ Association (MPOA) for the purpose of establishing wages, hours, and other terms and conditions of employment.
Article 1- Recognition
The City recognizes the MPOA as the sole and exclusive representative for the Police Officer and Police Sergeant classifications fo r the purpose of meeting and conferring regarding wages, hours, and other terms and conditions of employment.
Article 2- Association Rights
2.1. Text Dues
Upon certification from the MPOA that an employee has signed an authorization for the deduction of dues, the City will make payroll deductions in an amount to be determined by the MPOA and communicat ed to the City annually in December. Changes in dues must be communicated to the City at least f our (4) weeks before the effective date. The City promptly remits deductions to the MP OA with a list of dues-paying members.
Employee requests to cancel membership dues deductions must be directed to the MPOA. Upon notification from the MPOA that an employee has canceled membership dues, the City will promptly c ease dues deductions from the employee’s paycheck. The MPOA will hold the City harmless from any and all claims and will indemnify it against any unusual costs in implementing these provisions and will indemnify the City for any claims made by the employee for deductions made in reliance on that certification, in accordance with Government Code §1157.12(a).
If the balance of an employee’s wages, after all other involuntary and insurance premium deductions are made in any one pay period, is insufficient to pay deductions required by this Section, no deduction will be made for that period.
2.2. Orientation
Employees will be allowed thirty (30) minutes to attend an MPOA orientation scheduled by MPOA within thirty (30) days of hire. On e (1) MPOA member is allowed thirty (30) minutes to conduct the orientation. Employees must notify their supervisor reasonably in advance to secure this paid release time. Release time shall not be unreasonably denied.
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Article 3- Hours of Work
3.1. FLSA Work Period
All safety employees, regardles s of rank, are subject to the Fair Labor Standards Act (FLSA) work period that is fourteen (14) days in length with an FLSA overtime threshold of 86 hours, pursuant to 29 U.S.C. section 207(k).
3.2. Workday
Depending on the assignment, the normal workday may be eight (8), ten (10), or twelve (12) hours.
3.3. Posting of Schedules
Schedules will be posted on the City Police Department bulletin board no less than thirty (30) days before the effective date of the schedule.
3.4. Shift Change
Shift changes are conducted twice annually: onc e on the first day of the pay period immediately following January 5th and again on the first day of the pay period immediately following July 5th.
Employees bid for shift assignments based on their classification seniority. Classification seniority is determined by time in the classi fication plus higher classification within the same series.
The Chief of Police determines the number of special assignment slots per shift.
Employees in special assignments bid based on their time in the unit.
3.5. Rest Periods
Employees may take a twenty (20) minute rest period during each four (4) hours of regular work. Rest periods may not be scheduled within one (1) hour of the beginning or the end of a work shift or lunch period.
The Department may make reasonable rules concerning rest period scheduling.
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3.6. Meal Period
Employees are normally allowed a paid meal per iod of not less than th irty (30) minutes nor more than one (1) hour that is scheduled generally in the middle of the work shift. The Department may make reasonable rules concerning meal period scheduling.
Article 4- Overtime
4.1. Overtime
Employees required to work in excess of ei ghty (80) hours in the work period receive overtime at one-and-a-half times the employee’s regular rate of pay. All paid time counts as hours worked towards the calculation of overtime.
4.2. Compensatory Time Off (CTO) Payout
Employees may not accrue CTO. However, em ployees who have CTO may use it or receive payment for it upon separation. U pon separation, CTO will be paid out at the employee's current regular rate pay or the average of the final three (3) years, whichever is greater.
4.3. Court Pay
Employees subpoenaed to appear in court in connection with their official duties outside of their regularly scheduled shift will receive a minimum of three (3) hours of pay at one- and-a-half times their regular rate of pay or th e actual amount of time that the employee is required to appear in court, whichever is greater. Any over time earned under this section does not count towards hours worked for the purpose of calculating overtime.
4.4. Call-Back
Employees who are required to return to a worksite by their Department Head or designee will be paid for a minimum of th ree (3) hours at the rate of one-and-a-half times their regular rate of pay for each call-back. If t he return to work is contiguous with the employee’s scheduled shift and the employee is provided with a minimum of four (4) hours advance notice, the employee will not be paid call-back pay.
4.5. Remote Response Pay
Employees who are not called in to work but who respond to a phone call or remotely connect to work systems will be compensated for a minimum of thirty (30) minutes of overtime per incident.
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4.6. On-Call
Employees who are required to be on-call by their department head or designee will receive one (1) hour of pay for each accumulated eight (8) hours on-call.
Article 5- Wages
5.1. Salary Schedule
The salary schedule consists of six (6) step s, with approximately five percent (5.0%) between steps.
5.2. Salary Increases
All classifications will receive a five percent (5.0%) increase effective August 5, 2024.
All classifications will receive a four percen t (4.0%) increase effective July 23, 2025.
All classifications will receive a four percen t (4.0%) increase effective July 22, 2026.
5.3. Equity Adjustment
All classifications will receive a three percent (3.0%) increase effective August 5, 2024.
This pay is additive with the wages specified above.
5.4. Longevity Pay
Employees receive longevity pay as follows:
Upon completion of ten (10) years of service with the City, employees receive two and a half percent (2.5%) of their base hourly rate of pay.
Upon completion of fifteen (15) years of se rvice with the City, employees receive an additional two and a half percent (2.5%) of their base hourly rate of pay.
Upon completion of twenty (20) years of se rvice with the City, employees receive an additional two and a half percent (2.5%) of their base hourly rate of pay.
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Article 6- Premium Pays
6.1. Peace Officers Standards and Training (POST) Incentive Pay Police Officers who possess a POST Intermedi ate Certificate receive POST Incentive Pay in the amount of two and a half percent (2.5%) of their base hourly rate of pay.
Employees who possess a POST Advanced Cert ificate receive POST Incentive Pay in the amount of two and a half percent (2.5%) of their base hourly rate of pay.
Employees who possess a POST Supervisory Certificate receive POST Incentive Pay in the amount of two and a half percent (2.5%) of their base hourly rate of pay.
6.2. Education Pay
Employees who possess a Bachelor's Degree will receive Education Pay in the amount of six percent (6.0%) of their base hourly rate of pay
6.3. Bilingual Pay
Employees who speak or wr ite Spanish, Amer ican Sign Language, or other approved languages other than English and who can do so fluently as determined by the City receive Bilingual Pay in the amount of one and a half percent (1.5%) of their base rate of pay.
6.4. Shift Differential
A. Swing Shift
Employees assigned to a scheduled shift where at least four (4) hours of the shift is between 1700 and 2400 will receive Shift Differential in the amount of one and a half percent (1.5%) of their base hourly rate of pay.
B. Graveyard Shift
Employees assigned to a scheduled shift where at least four (4) hours of the shift is between 2400 and 0600 will receive Shift Differential in the amount of three percent (3.0%) of their base hourly rate of pay.
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Article 7- Special Assignments
7.1. Detective Premium
Employees who are routinely and consistent ly assigned to detectives will receive detective premium in the amount of seven and a half percent (7.5%) of their base hourly rate of pay for the duration of the assignment.
7.2. Field Training Officer (FTO) Pay
Employees who are routinely and consistent ly assigned to train employees will receive Training Premium in the amount of five percent (5.0%) of their base hourly rate of pay for the duration of the assignment.
7.3. Canine Pay
Employees who are routinely and consistently assigned to handle, train, and board a canine will receive an additional three and a half (3.5) hours at one-and-a-half times their regular rate of pay per week for the duration of the assignment.
Article 8- Insurances
8.1. Benefits Provided and Required
The City provides employees with a "cafeteria" plan. Employees are required to enroll in each of the plans below:
Hospital/medical care plan,
Dental care plan,
Vision care plan,
Disability insurance plan,
Life insurance in the amount of $50,000.
Employees may request a waiver for medica l, dental, and/or vision coverage from the Support Services Department. Waivers may be granted only if the employee shows proof of other coverage through the employee's spouse or registered domestic partner. Should an employee who has obtained a waiver to this provision lose such alternative coverage, the employee must provide proof to the Su pport Services Department within five (5) business days and enroll in a City-provided insurance program.
Participation for the employee's dependents is optional.
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8.2. Plan Selection and Employee Benefit Committee
The City provides at least two (2) options each for medical, dental, vision, life insurance, and disability insurance plan. The plans will be selected solely by the City following review of proposals by the Employee Benefits Committee. The Employee Benefits Committee is advisory to the City Council. The Committee is comprised of representatives of each of the City's bargaining units and management.
8.3. Schedule of Allowances Per Pay Period
The City contributes an amount per bi-weekly pay period (based on twenty-six pay periods annually) as the Cafeteria Allowa nce. For medical employee only $269.70, employee plus one $551.67, employee plus tw o or more $810.96. For Dental, Vision, Disability, and lif e insurance employee only $33.86, employee plus one $50.77, and employs plus two or more $75.61.
The City will pay fifty-five percent (55%) of the sum of the core premium increases, which will be reflected in the Cafeteria Allowance.
The employee is responsible for the balance of the premiums, if any, beyond the Cafeteria Allowance. No employee will receive cash back for having waived required coverage, except that an employee who is married and whose spouse or domestic partner is also a current City of Merced employee, accepted fo r waiver of medical coverage, will receive cash back equal to twenty-five percent (25%) of the core medical premium for a single individual.
Article 9- Retiree Medical, Dental, and Vision
9.1. Eligibility
In accordance with Administrative Poli cy and Procedure No. P-17 the City provides a medical plan for eligible retirees. The medical care plan is selected solely by the City and provides essentially the same benefits to retirees as are provided to full-time employees.
An employee is considered a retiree of the Cit y if the employee retires in the California Public Employees' Retirement System and their last active place of full-time employment within the system was with the Cit y. Retirees must meet at least one (1) of the following criteria to enroll in the City's retiree medical plan:
The retiree is age 50 or over with at least ten (10) years of service with the City; or Retiree is retired because of a service-connected disability; or Retiree is retired because of a non-service connected disability with at least ten (10) years of service with the City.
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9.2. Groups
Employees in Group 1 consist of employees who retired between January 1, 1999, and January 1, 2007.
Employees in Group 2 consist of employees hired before December 31, 2002, and who retired between January 1, 2007, and June 30, 2024.
Employees in Group 3 consist of employees hired before December 31, 2002, and who retired after June 30, 2024.
Employees in Group 4 consist of employees hired after December 31, 2002.
9.3. Benefits Provided Per Group
Eligible Group 1 employees and their spouse or registered domestic partner and/or other dependents will continue to be cove red under the City's medical plan until the retired employee and their spouse or registered dome stic partner reach age 65. The City pays the premium for the retired employee, and the spouse/regist ered domestic partner and dependent(s) premium(s) are the responsibility of the retired employee. At the age of 65, the City's medical plan will be secondary to Medicare medi cal coverage or any other benefit coverage available to the retired em ployee and eligible s pouse or registered domestic partner. Retired employees, their spouse, registered dom estic partner and/or eligible dependents in Group 1 are eligible to continue dental and vision care coverage at the expense of the retired employee. Upon the death of the eligible employee, the City's dental and vision plans will no longer be availabl e to the retired employee and eligible spouse or registered domestic partner and/or dependents.
Eligible Group 2 employees receive a mont hly stipend of $455.54 monthly for retirees over 65 or $637.45 monthly for retirees under 65 towards the City’s medical plan. The retiree pays any amount over the stipend. Eligible empl oyees' spouse, registered domestic partner and/or eligib le dependents in Group 2 are elig ible to continue medical coverage at the expense of the retired employee. At the age of 65, the City's medical plan is secondary to Medicare medical coverage or any other benefit coverage available to the retired employee and eligible spouse or registered domestic partner. Retired employees, their spouse, registered domestic partner and/or eligible dependents in Group 2 are eligible to continue dental and vision care coverage at the expense of the retired employee. Upon the death of the eligible employee, the City's dental and vision plans will no longer be available to the retired employee and eligible spouse or registered domestic partner and/or dependents.
Eligible Group 3 employees receive a mont hly stipend of $390.55 monthly for retirees over 65 or $546.51 monthly for retirees under 65 towards the City’s medical plan. The retiree pays any amount over the stipend. Eligible empl oyees' spouse, registered domestic partner and/or eligib le dependents in Group 2 are elig ible to continue medical coverage at the expense of the retired employee. At the age of 65, the City's medical plan
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is secondary to Medicare medical coverage or any other benefit coverage available to the retired employee and eligible spouse or registered domestic partner. Retired employees, their spouse, registered domestic partner and/or eligible dependents in Group 2 are eligible to continue dental and vision care coverage at the expense of the retired employee. Upon the death of the eligible employee, the City's dental and vision plans will no longer be available to the retired employee and eligible spouse or registered domestic partner and/or dependents.
Eligible Group 4 employees ar e eligible to continue medical, dental, and vision care coverage at the expense of the retired em ployee. The spouse, registered domestic partner and/or eligible dependent s of eligible retirees may remain on the plan until the retiree is deceased provided the plan is paid for by the retired employee.
Article 10- Retirement
10.1. California Public Employees Retirement System (CalPERS) A. Employees hired before December 12, 2012, receive the 3% at 50 safety CalPERS formula with the three (3) year fi nal average compensat ion period. These employees pay the required nine percent (9%) member contribution, on a pre-tax basis.
B. Employees hired after December 11, 2012, who are not classified as new members will receive the 3% at 55 safety CalPERS formula with the three (3) year final average compensation period. Thes e employees pay the required nine percent (9%) member contribution on a pre-tax basis.
C. Employees hired after December 31, 2012, who are classified as new members will receive the 2.7% at 57 safety CalPERS formula (25443) with the three (3) year three-year final average compensation period. These employees pay one-half of the total normal cost as determined annually by CalPERS on a pre-tax basis.
D. All safety retirement formulas have the following optional CalPERS retirement benefits:
Social Security Coverage - Full
Non-Industrial Disability – Standard
Industrial Disability – Standard
Pre-Retirement Death Benefits
Special
Post-Retirement Death Benefits
Lump Sum $2,000
2% Retirement COLA
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10.2. Deferred Compensation Plan
Employees may contribute to the City’s Deferred Compensation Plan.
Article 11- Leaves
11.1. Vacation Leave
Employees earn vacation leave as follows.
During the first five (5) years of continuous service, full-time employees earn 4.696 hours of vacation leave each biweekly pay period of continuous service to a maximum of 192.00 hours.
After five (5) years of continuous servic e, full-time employ ees earn 5.616 hours of vacation leave each biweekly pay period of continuous service to a maximum of 240.00 hours.
After nine (9) years of continuous service, full-time employees earn 7.160 hours of vacation leave each biweekly pay period of continuous service to a maximum of 320.00 hours.
After fifteen (15) years of continuous servic e, full-time employees earn 7.928 hours of vacation leave each biweekly pay period of continuous service to a maximum of 360.00 hours.
After twenty (20) years of continuous servic e, full-time employees earn 8.696 hours of vacation leave each biweekly pay period of continuous service to a maximum of 400.00 hours.
After twenty-five (25) years of continuous service, full-time employees earn 10.232 hours of vacation leave each biweekly pay period of continuous service to a maximum of 480.00 hours.
Part-time employees earn vacation leave at a pro-rata rate.
11.2. Maximum Vacation Accrual
When an employee accumulates the maximum number of vacation hours, vacation ceases to accrue until the employee's accr ued hours fall below the cap. Employees are paid out for their accrued vacation upon separation at their straight-time rate of pay.
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11.3. Vacation Cash Out
By November 1 of each year, employees w ho have at least one hundred (100) hours of vacation may make an irrevocable election to cash out up to forty (40) hours of vacation that will accrue in the next calendar year. The employee will receive the cash out on the first paycheck in December of the following year.
11.4. Holidays
The City recognizes the following holidays:
New Year's Day
Martin Luther King Jr.'s Birthday
Cesar Chavez Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
December 24
th
December 25th
11.5. Holiday In Lieu
Employees are in positions t hat are scheduled to work wit hout regard for the holidays listed above. Employees receive holiday-in-lieu in the amount of three and a half percent (3.5%) of their base rate of pay in lieu of receiving any other form of holiday compensation.
11.6. Sick Leave
Full-time employees earn 3.696 hours of si ck leave each biweekly pay period of continuous service to a maximum of 1056.00 hours. When an employee accumulates the maximum number of sick leave hours, sick leav e ceases to accrue until they fall below the accrual cap. An employee who is separated from employment for reasons other than retirement forfeit all unused sick leave.
Part-time employees earn sick leave at a pro-rata.
Abuse of sick leave may be subject to disciplinary actions.
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11.7. Sick Leave Usage
Employees may use up to one-half of their annual accrued sick leave for the required care of a spouse, domestic partner, parent, child, sibling, grandparent, grandchildren, or domestic partner’s child who is ill as defined by statute. Leave fo r this purpose may not be taken until it has actually accrued.
11.8. Payment of Unused Sick Leave
Annually in January, employees who have sick leave hours over 960 as of the last pay period in the preceding December will receive payment for fifty percent (50%) of their sick leave hours over 960 at their straight-time hourly rate of pay, and the remaining fifty percent (50%) of hours above 960 will be forfeited.
11.9. Sick Leave Upon Retirement
Employees who retire concurrently from t he City and CalPERS will receive payment for fifty percent (50%) of their accrued sick leave at their straight-time hourly rate of pay, and the remaining hours will be forfeited.
11.10. Bereavement Leave
Employees who have been employed by the City for at least thirty (30) days are entitled to five (5) days of protect ed bereavement leave in the even t of the death of a “family member.” Employees will also receive twenty-four (24) hours of paid leave for the death of a family member who resides within the State or forty-eight (48) hours of paid leave for the death of a family member who resides out of the state that must be used concurrently with any bereavement leave taken. Employees must first utilize any available, unused vacation or sick leave for the remaining portion of any unpaid bereavement leave.
A “family member” means any parent, spouse, registered domestic partner, child, child of an employee’s registered domestic partner, grandchild, grandparent, brother, sister, mother-in-law, father-in-law, or the death of any child or cl ose relative who resided with the employee at the time of death.
An employee who utilizes ber eavement leave must notify their Department Head or designee of the intent to use such leav e. Employees may use such leave on a non- consecutive basis but must complete leave wit hin three (3) months of the date of death of a “family member.” The City may request an employee seeking bereavement leave to provide documentation to support the leave.
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Article 12- Uniform Allowances
12.1. Uniform Allowance
At the time of hire, new employees will be provided with two (2) uniform pants, two (2) short-sleeved shirts, two (2) long-sleeved shirts, and a jacket. After twelve (12) months of employment, employees will receive a bi-week ly uniform allowance of forty dollars and thirty-eight cents.
12.2. Motorcycle E quipment Allowance
Employees assigned to motorcycle duty will re ceive one (1) set of the required special equipment: helmet, boots, gloves, jacket, or riding suit, and tw o (2) pairs of pants. The equipment remains the property of the City. The employee is responsible for replacing worn or damaged equipment. Em ployees will receive one (1) additional pair of pants annually for the duration of the assignment.
Article 13- Voluntary Resignation
Employees absent without official leave for two (2) or more consecutive days or absent an aggregate of sixteen (16) hours in any ca lendar month without a satisfactory explanation will be deemed to have voluntarily resigned from the City of Merced.
Article 14- Layoffs
In lieu of being laid off, an employee may elect demotion (“bumping”) to:
A. Any class in the same class series with a lower maximum salary; B. A class in the same line of work (as det ermined by the City) as the class of layoff but of lesser responsibility and with substa ntially the same or a lower maximum salary.
To bump to a new classification, the em ployee must have more seniority than the employee who will be displaced.
The employee bumping to a new classification must have held that classification at some time in their career in the City of Merced.
Seniority is determined by the time in the class from which the employee is bumping plus time in any higher classification in the same series.
To be considered for a demotion in lieu of layoff, an employee must notify the Personnel Manager within five (5) days of receiving the notice of layoff.
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In cases where there are two (2) or more employees in a class from which the layoff is to be made, employees will be laid off in inverse order of seniority.
Employees bumping to a lower or similar class will be placed at the salary step representing the least loss of pay, without exceeding the employee’s current rate of pay.
The names of persons laid off or demoted will be placed on a re-employment list in the order of layoff.
The re-employment list expires after two (2) years, except that persons appointed to regular positions of the same or higher level will be removed from the list upon appointment.
Refusal of a person to accept the first offer of re-employment with the same classification or a classification at the same or higher range will result in the person being removed from the re-employment list. Failure of a person to respond within seven (7) workdays to the offer of re-employment is deemed a refusal.
Employees from other bargaining units may only bump into previously held classifications.
Article 15- Grievance Procedure
15.1. Grievance Procedure
Grievance. A claimed violation of a spec ific provision of this Memorandum of Understanding which adversely affects the grievant.
Grievant. An employee, group of employees, or the MPOA filing the grievance.
Workday. A day that the City’s main administrative office is open for business.
15.2. Time Limit for Filing Grievance
A grievance is barred and not considered if based upon a condition or event that occurred or existed more than ten (10) workdays i mmediately before the date on which the grievance is first presented.
15.3. Procedure
The following exclusive procedure of present ing and adjusting grievances must be processed in accordance with the following steps, time limits, and conditions.
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15.4. Step One
The grievant must discuss the matter with t he employee’s immediate supervisor. If the grievance is not settled within five (5) workda ys following this discussion, the grievance, within such time, must be r educed to writing on the form provided by the Personnel Department and submitted to t he grievant’s immediate super visor. Within five (5) workdays after receipt of the written griev ance, the immediate supervisor shall answer the grievance in writing.
15.5. Step Two
The answer from the immediat e supervisor is final unless the grievance is appealed in writing to the department head within five (5) wo rkdays from the date of the supervisor’s written answer. The department head will investigate and provide a written answer to the grievant within twenty (20) days.
15.6. Step Three
The answer from the department head is final unless the grievance is appealed in writing to the Director of Support Services or designee within five (5) workdays from the date of the department head’s written answer. The Director of Support Services or designee will discuss the grievance with the grievant at a time mutually agreeable to both parties. Within five (5) workdays after the discussion, the Director of Support Services or designee will provide a written answer.
15.7. Step Four
The answer from the Director of Support Se rvices or designee is final unless the grievance is appealed in writing to the Pe rsonnel Board chairperson within five (5) workdays after receipt of the Director of Su pport Services or designee’s written answer.
The Personnel Board will conduct a hearing and issue a written recommendation to the City Manager for final determination. The Cit y Manager will provide the grievant a final written determination within ten (10) workdays.
15.8. Effect of Time Limits
If, in any step, the city’s representative fails to give a written answer within the time limit therein set forth, the griev ance will automatically be transfe rred to the next step at the expiration of the time limit. Any grievance not moved by the grievant to the next step within the time limits provided following the city’s answer will be settled based on the city’s last answer.
City of Merced 16 MPOA MOU
Article 16- No Strike
The MPOA agrees that during the term of th is agreement, neither it nor its officers, employees, or members will engage in, encourage, sanction, support or suggest any strikes, work stoppages, boycotts, slowdow ns, mass absenteeism, picketing, sympathy strikes, sickouts or any other similar acti ons which would involve suspension of or interference with the normal work of the City. If any concerted action as described above occurs, the MPOA will notify its members that their activity is a violation of this Agreement, that the concerted action must cease, and that the members must return to work.
The MPOA must take whatever legal actions are necessary to see that its members return to work. Failure to do so may result in sanctions taken by the City against the MPOA.
Article 17- Severability
If any article or section of this Agreement is found invalid, unlawful, or unenforceable because of any existing or subsequent enacted legislation or by judicial authority, all other articles and sections of this Agreement rema in in full force and effect. In the event of invalidation of any provision, the City and the MPOA will meet within thirty (30) days to discuss the provision.
Article 18- Term
This Agreement supersedes all prior written agreements, memorandums of understanding, and side letters. It fully and completely incorpor ates the parties' understanding and constitutes the sole and entire understanding between the parties regarding the provisions contained in this Agreement. This Agreement is effective August 4, 2024, through June 30, 2027.
Date: ___________________ Date: _________________ _
City of Merced
__________________________
Scott McBride
City Manager
Merced Police Officers’ Association
__________________________
Jeff Horn
__________________________
Frank Quintero
Deputy City Manager
__________________________
Nate McKinnon
City of Merced 17 MPOA MOU
__________________________
Suzanne Fierro
Human Resources Manager
__________________________
Taylor Rocha
__________________________
Michael W. Jarvis
Liebert Cassidy Whitmore
__________________________
Matt Calcagno
__________________________
Lina Balciunas Cockrell
Messin
g Adam & Jasmine
City of Merced 18 MPOA MOU
Appendix “A” Salary Schedule
MPOA Wage Summary (Monthly)
EffectivePP17-8/5/24
Class Grade Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 PD 640 Police Office r $7,119 $7,474 $7,848 $8,241 $8,653 $9,085 PD 680 Police Sergeant $8,644 $9,077 $9,531 $10,007 $10,507 $11,033
MPOA Wage Summary (Monthly)
EffectivePP14-6/23/25
Class Grade Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 PD 640 Police Office r $7,403 $7,773 $8,162 $8,570 $8,999 $9,449 PD 680 Police Sergeant $8,990 $9,440 $9,912 $10,407 $10,928 $11,474
MPOA Wage Summary (Monthly)
EffectivePP14-6/22/24
Class Grade Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 PD 640 Police Office r $7,699 $8,084 $8,489 $8,913 $9,359 $9,827 PD 680 Police Sergeant $9,350 $9,817 $10,308 $10,824 $11,365 $11,933 All numbers have been rounded to the nearest $1.