RESOLUTION NO. 26-4908
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MURRIETA, CA LIFORNIA, APPROVING , ADOPTING AND
IMPLEMENTING A SUCCESSOR MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF MURRIETA AND THE
MURRIETA POLICE MANAGEMENT ASSOCIATION FOR THE
PERIOD JULY 1, 2023, THROUGH JUNE 30, 2026
WHEREAS, the City of Murrieta (“City”) endeavors to recruit and retain the most qualified and talented employees to serve its citizens; and
WHEREAS, the compensation and benefits offered by the City to its employees are designed to aid in the City’s employee recruitment and retention efforts; and
WHEREAS, Section 36506 of the California Government Code requires that the City Council of the City fix the compensation of all appointive officers and employees by resolution or ordinance; and
WHEREAS, the most recent Memorandum of Understanding (“MOU”) between the City and the Murrieta Police Management Association (“MPMA”), adopted by City Council Resolution No. 21-4444 covering the period July 1, 2021 through June 30, 2023 (“MPMA MOU 2021-23”) expired June 30, 2023; and
WHEREAS, the City and MPMA met and conferred in good faith and reached a Tentative Agreement on a fair and equitable package of total compensation for a successor MPMA MOU for the period July 1, 202 3 through June 30, 202 6 (“Tentative Agreement”) , pursuant to the Meyers-Milias-Brown Act (“MMBA”) (Government Code sections 3500 -3511) and the City’s Employer-Employee Relations Resolution No. 93-214; and
WHEREAS, the members of the MPMA voted to ratify the Tentative Agreement, and the labor representatives of the City and the MPMA executed the Tentative Agreement for a successor MPMA MOU 2023-26; and
WHEREAS, the City Council approved the Tentative Agreement for a successor MPMA MOU 2023-26 between the City and the MPMA on June 20, 2023, through adopting Resolution No. 2 3-4674, which provided for changes to employee compensation and benefits pending drafting, approval, and adoption of a successor MPMA MOU; and
WHEREAS, the City and MPMA met and conferred in good faith pursuant to the terms of the Tentative Agreement and Resolution No. 2 3-4674 regarding drafting the successor MPMA MOU for the period July 1, 2023, through June 30, 2026, pursuant to MMBA Section 3505.1 and the City’s Employer-Employee Relations Resolution No. 93-214; and
Resolution No. 26-4908
WHEREAS, the City and MPMA have prepared and executed the successor MPMA MOU for the period July 1, 2023, through June 30, 2026, subject to City Council approval, adoption, and implementation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The recitals set forth above are true and correct and incorporated herein by this reference.
Section 2. The successor MPMA MOU for the period July 1, 2023 – June 30, 2026, a fully executed copy of which is attached hereto as Exhibit A, is approved, adopted, and implemented effective February 3, 2026.
Section 3. The City Manager is hereby authorized and directed to implement the provisions of the MPMA MOU for the period July 1, 2023 – June 30, 2026, including the resulting changes to employee compensation and benefits not previously implemented by the Tentative Agreement.
Section 4. The City Clerk shall certify the adoption of this resolution effective February 3, 2026.
PASSED, APPROVED, AND ADOPTED this 3rd day of February 2026 by the City Council of the City of Murrieta, State of California.
Jon Levell, Mayor
ATTEST:
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
Tiffany Israel, City Attorney
Resolution No. 26-4908
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 25-4908 was duly adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 3rd day of February 2026, and was signed by the Mayor of said City, and that the same was passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cristal McDonald, City Clerk
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF MURRIETA
AND
THE MURRIETA POLICE MANAGEMENT
ASSOCIATION
JULY 1, 2023 through JUNE 30, 2026
1 MEMORANDUM OF UNDERSTANDING
THE CITY OF MURRIETA AND
THE MURRIETA POLICE MANAGEMENT ASSOCIATION
FOR THE PERIOD: JULY 1, 2023 – JUNE 30, 2026
SECTION I ADMINISTRATION ....................................................................................... 2 ARTICLE 1.01 PARTIES TO THIS MEMORANDUM .......................................................... 2 ARTICLE 1.02 PREVAILING CONDITIONS ....................................................................... 2 ARTICLE 1.03 REPRESENTED POSITIONS ..................................................................... 2 ARTICLE 1.04 BARGAINING WAIVER ............................................................................... 2 ARTICLE 1.05 MAINTENANCE OF EXISTING BENEFITS ................................................ 2 ARTICLE 1.06 SEVERABILITY ........................................................................................... 2 ARTICLE 1.07 TERM .......................................................................................................... 2 ARTICLE 1.08 CITY RIGHTS ............................................................................................. 3 SECTION II COMPENSATION ....................................................................................... 3 ARTICLE 2.01 SALARIES. ................................................................................................. 3 ARTICLE 2.02 OTHER COMPENSATION .......................................................................... 4 ARTICLE 2.03 TOTAL COMPENSATION ........................................................................... 6 ARTICLE 2.04 UNIFORM ALLOWANCE ............................................................................ 6 ARTICLE 2.05 INSURANCE ............................................................................................... 6 ARTICLE 2.06 DEFERRED COMPENSATION ................................................................... 8 ARTICLE 2.08 TUITION REIMBURSEMENT ...................................................................... 8 ARTICLE 2.09 RETIREMENT ............................................................................................. 9 ARTICLE 2.10 PROFESSIONAL ORGANIZATION MEMBERSHIP ...................................10 ARTICLE 2.11 COMPUTER UPGRADE REIMBURSEMENT ............................................10 SECTION III HOURS .................................................................................................... 11 ARTICLE 3.01 ANNUAL LEAVE ........................................................................................11 ARTICLE 3.02 SICK LEAVE BANK....................................................................................13 ARTICLE 3.03 HOLIDAY LEAVE. ......................................................................................14 ARTICLE 3.04 PERSONAL LEAVE ...................................................................................16 ARTICLE 3.05 BEREAVEMENT LEAVE ............................................................................17 SECTION IV WORKING CONDITIONS ........................................................................ 18 ARTICLE 4.01 EXEMPT EMPLOYEES .............................................................................18 ARTICLE 4.02 PROBATIONARY PERIOD ........................................................................18 ARTICLE 4.03 ANNIVERSARY DATE ...............................................................................18 ARTICLE 4.04 DEMOTIONS .............................................................................................18 ARTICLE 4.05 SUBSTANCE ABUSE POLICY ..................................................................18 ARTICLE 4.06 VOLUNTARY DEDUCTIONS .....................................................................18 ARTICLE 4.07 NO STRIKE PROVISIONS .........................................................................18 ARTICLE 4.08 LAYOFF PROCEDURES ...........................................................................19 ARTICLE 4.09 GRIEVANCE PROCEDURES ....................................................................19 ARTICLE 4.10 DISCIPLINARY AND APPEALS PROCEDURES .......................................20 ARTICLE 4.11 OTHER ITEMS ...........................................................................................25 ARTICLE 4.12 RE-OPENERS ...........................................................................................25 APPROVALS ................................................................................................................ 26
2 SECTION I ADMINISTRATION
ARTICLE 1.01 PARTIES TO THIS MEMORANDUM
This Memorandum of Understanding ("MOU" or "Agreement") is made and entered into by and between the City of Murrieta, a municipal corporation ("CITY"), and the Murrieta Police Management Association ("Association") pursuant to California Government Code Section 3500 et seq.
ARTICLE 1.02 PREVAILING CONDITIONS
This MOU, and any and all side letters to this Agreement, sets forth the entire agreement between the parties hereto, and all negotiated benefits in this Agreement shall remain in full force and effect, unchanged during the term of this Agreement unless altered by mutual written agreement.
This MOU, having been agreed to in good faith by the parties hereto, shall prevail in the event of a conflict between its terms and the terms of any federal, state, or local rules and regulations.
ARTICLE 1.03 REPRESENTED POSITIONS
The following positions are covered by this Agreement: Police Lieutenant and Police Captain.
ARTICLE 1.04 BARGAINING WAIVER
The parties acknowledge that, during the negotiations that resulted in this Agreement, each party had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining regarding the employees covered by this Agreement and that the understandings and agreements arrived at by the parties hereto after the exercise of that right and opportunity are fully set forth in this Agreement.
ARTICLE 1.05 MAINTENANCE OF EXISTING BENEFITS
During the term of this MOU, the specifications included within this specific MOU shall remain unchanged unless and until modified by mutual agreement between the parties. Therefore, any matters within the scope of representation that are not specifically p rovided for in this particular MOU shall be subject to modification or elimination during and/or after the term of this MOU, upon either mutual agreement of the parties or by means of unilateral action taken by the City Council, but only after completion of the meet and confer process and any applicable impasse procedure having been previously implemented by the City.
ARTICLE 1.06 SEVERABILITY
Should any portion of this Agreement be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the duration of this MOU.
ARTICLE 1.07 TERM
This Agreement shall become effective July 1, 2023, and shall remain in effect until June 30, 2026.
3 ARTICLE 1.08 CITY RIGHTS
The rights of the CITY include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing the work; and all the rights, powers and authority exercised or held by it prior to this MOU, except as expressly limited by this Agreement.
SECTION II COMPENSATION
ARTICLE 2.01 SALARIES.
A. Salary/Pay Schedules. Police Lieutenant base monthly salary /pay range and Police Captain base monthly salary/pay range will be maintained with five (5) pay steps titled "A" step through "E" step. Each pay step up to step "E" will be five percent (5%) greater than the previous step.
Effective with the first full pay period in July 2023, the base pay and salary range for Police Lieutenant and Police Captain classifications will be increased by a cost -of-living- adjustment (COLA) of four percent (4.0%). In addition, the base pay and salary range for Police Lieutenant and Police Captain classifications will be increased by a market compensation equity adjustment of five percent (5%). These two adjustments shall not be compounded and represent a total nine percent (9%) base pay and salary range increase.
Effective the first full pay -period in July 2024, the base pay and salary range for Police Lieutenant and Police Captain classifications will be increased by a cost -of-living- adjustment (COLA) of four percent (4.0%). If revenues fall by more than 5% below FY 2023-24 budget, the City can reopen the MOU to discuss modifications to the COLA.
Effective the first full pay -period in July 2025, the base pay and salary range for Police Lieutenant and Police Captain classifications will be increased by a cost -of-living- adjustment (COLA) of four percent (4.0%). If revenues fall by more than 5% below FY 2024-25 budget, the City can reopen the MOU to discuss modifications to the COLA.
The salary ranges for Police Lieutenant and Police Captain shall be adjusted, as necessary, so that the bottom step base salary for Police Lieutenant shall always remain five percent (5%) greater than the top step base salary for Police Sergeant and the salary range for Police Captain shall be adjusted, as necessary, so that the bottom step base salary shall remain five percent (5%) greater than the top step base salary for Police Lieutenant.
In the event that the Murrieta Police Officers’ Association receives an increase in benefits at any time prior to the expiration of this Agreement, the same increase in benefits shall apply to employees subject to this Agreement.
4 B. Appointment and Advancement. Step A is the normal starting base rate of pay. An employee shall serve six months in this step before becoming eligible for advancement to Step B. Thereafter, the employee shall serve one year in a step prior to eligibility for advancement to the next step.
In exceptional circumstances, a newly hired/promoted employee may be appointed at a higher step, in which case the employee must serve one year before becoming eligible for a step advancement.
Step advancements shall be granted only for meritorious service. The employee's supervisor and the Police Chief shall file with the City Manager the prescribed form of employee evaluation along with a recommendation to approve, deny , or delay a step advancement. The City Manager may approve or modify this recommendation.
When a normal step advance is denied, it may be reconsidered at any time, and if advancement occurs, the employee shall serve one year in the new step before becoming eligible for advancement to the next step.
ARTICLE 2.02 OTHER COMPENSATION
A. Bilingual Pay. The CITY has established a bilingual program that will provide an additional two and one- half percent (2.5%) of base pay for eligible members of the Association who are fluent in the Spanish language. The 2.5% bilingual pay shall be calculated on base salary/pay. The number of members to be eligible shall be determined by the CITY. To become qualified, an employee must be certified by the City Manager or their designee after the employee successfully passes a verbal conversation examination established by the CITY in cooperation with the Association.
B. Administrative On-Call Pay. Association members function as department managers and are required to be available, on and off duty, to give direction to their assigned teams and divisions. In order to compensate members for off -duty managerial responsibilities, on-call pay has been established. All represented employees shall be compensated an additional four percent (4%), calculated on their base salary/pay.
C. Night Premium Pay. Employees assigned to the night shift during the shift selection process (July and January of each year or as determined by police management) shall be paid night shift premium pay of five percent (5%) of the employee’s base salary/pay for the duration of the night shift rotation.
Employees assigned to night shift by police management for operational reasons will be eligible for nightshift premium pay for the duration of their night shift assignment.
Night shift premium pay of 5% of base salary/pay is authorized only through a Personnel Action Form, which will be finalized by the Human Resources Department. Employees assigned to the night shift shall not use any paid shift overtime codes as the 5% base salary/pay will be added automatically to those hours.
D. Promotions. The CITY agrees that all promotions in rank shall result in an increase of at least five percent (5%) over the employee's previous salary , which includes base salary pay and any compensation additives (i.e., Bilingual Pay, Administrative On-Call Pay, Longevity Pay, Educational Achievement Pay ). Temporary Assignment Pay will not be part of this calculation.
5 E. Temporary Assignment Pay. As a result of vacancies, leaves of absence, or other reasons, it may be necessary to reassign an authorized employee to serve in a higher - ranking position. Since such assignments require the employee to assume additional responsibilities and perform duties that are outside the scope of the employee's regular assignment, the employee shall be entitled to a salary adjustment to reflect the new position duties. The following shall apply in these instances:
1. Approval Required. Upon the recommendation of the Police Chief and with the approval of the City Manager, an employee may temporarily be assigned to a higher level classification provided that:
a. The higher-level position is vacant and is approved by the City Manager for new or continued staffing.
b. The employee is called upon to serve in the higher -level position by the City Manager and the Police Chief.
c. The employee possesses the minimum qualifications to perform the work of the higher-level position.
2. Salary. The employee in such a temporary assignment shall be entitled to a salary adjustment of at least five percent (5%) over the employee's previous salary, which includes base salary and any special assignment pay or the "A" Step of the higher level position, whichever is greater, for the duration of the temporary assignment.
3. All applicable leave accruals, except holiday leave (i.e., annual) are calculated and credited to each employee based upon an eight (8) hour workday. All leave hours taken shall be based upon the length of a given employee's workday (i.e., 8 hrs., 9 hrs., 10 hrs., 12 hrs.) and charged against the applicable accrued leave balance.
F. Longevity Pay . Effective the first full pay -period in July 2023, the base pay of all represented employees with fifteen (15) full years of Murrieta sworn service shall receive a two percent (2%) base salary increase and those with twenty (20) full years shall receive an additional three percent (3%) base salary increase (for a combined total of 5%).
G. Educational Achievement Pay
Employees who qualify by attaining appropriate educational or professional qualifications not specifically required for their position shall be paid a sum in addition to their base pay in the following amounts:
Police Lieutenants having a Supervisory
certificate 5% monthly
OR, BUT NOT BOTH,
A Police Captain having a POST
Management certificate 5% monthly
Police Lieutenants and Captains having in addition to the above POST certificates, a Masters' Degree from an accredited college or university, OR having successfully completed the California
6 Post Command College, or having graduated from the FBI National Academy, shall receive an additional 5% monthly sum in addition to their base pay (i.e., a C aptain with both a POST supervisory and management certificate and a Masters' Degree, receives a total 10% monthly allowance.) The certificate pay is non -cumulative. An eligible employee receives compensation for one or the other of the certificates.
Degrees must be directly related to the performance of the duties associated with the classification.
ARTICLE 2.03 TOTAL COMPENSATION
The parties agree to meet and confer to update the definition of total compensation categories and comparable cities during the term of the MOU for purposes of successor MOU negotiations.
ARTICLE 2.04 UNIFORM ALLOWANCE
Represented employees shall be paid an allowance of $1,800 per calendar year for the purposes of acquiring and maintaining prescribed uniforms and equipment required for the performance of their duties, except badges and patches, which are to be provided by the CITY. The allowance will be paid equally across all twenty-six (26) payroll periods in the calendar year and reported to the California Public Employees' Retirement System ( “CalPERS”) as an aggregate amount for each pay period per CalPERS Circular Letter 200 -050-19 dated October 30, 2019. It is agreed that $10 of this amount shall be considered as a “ safety allowance” which is to be used for the purchase of safety equipment such as bulletproof vests, firearms, ammunition, and safety shoes.
The safety allowance is not reportable to CalPERS as a uniform allowance.
Uniform Allowance will be reported to CalPERS as pensionable compensation to the extent allowable under the provisions of pension law. Actual compensability will be determined by the extent to which such compensation is permitted by law pursuant to Title 2 CCR, Sections 571 and 571.1, and any other applicable provisions of State or federal law. Pursuant to subdivision (c)(7) of Gov ernment Code section 7522.34, all employer -provided allowances, reimbursements, or payments made for uniforms are not reportable for “new members” as defined and limited by the Public Employees' Pension Reform Act of 2013 (“PEPRA”) and related legislation and regulations.
ARTICLE 2.05 INSURANCE
A. Cafeteria Plan Effective. The City shall provide funding for medical and related expenditures as follows. The City of Murrieta is a contracting agency for participation in the Public Employees' Medical and Hospital Care Act (“PEMHCA”). Government Code § 22892 provides for the minimum employer contributions to allow enrollment in PEMHCA.
The City contribution for health insurance for purposes of PEMHCA shall be the minimum monthly contribution required by PEMHCA, and shall be adjusted to correspond with changes in the minimum employer contribution requirements. The minimum mandated employer contribution (“MEC”) under PEMHCA changes from time to time pursuant to the Government Code; currently $157 for 2024 and $158 for 2025.) The City shall fund a Section 125 cafeteria plan on behalf of each employee in the amount of two thousand dollars ($2,000. 0) per month, which includes the MEC amount with the following restrictions:
7 1. Up to $933.43 of the Cafeteria Plan may be utilized only for medical insurance premiums. The remaining amount may be used for other allowable "Cafeteria Plan" expenditures, such as medical premiums, and Flexible Spending Account contributions.
2. Cash-in-lieu is not permitted.
3. Deferred Compensation contributions are not permitted.
Continuation upon Retirement
1. Employees hired prior to January 1, 2008 - eligible retirees shall receive the monthly MEC to participate in PEMHCA ($133.00 per month for calendar year 2018) and a $700.33 monthly contribution to a Retirement Health Savings Plan (“RHS”). The total monthly expenditure for pre- January 1, 2008, employees who thereafter retire shall remain fixed at a maximum $833.43 (consisting of the MEC to participate in PEMHCA, as from time to time changes, and the RHS contribution.)
2. January 1, 2008 and later employees (10 complete years of City service) - Employees hired on and after January 1, 2008 and who thereafter retire from City service with a minimum ten (10) complete years of service with the City, shall receive City-funded medical insurance for the retiree and eligible dependents, in an amount not to exceed $360.00 per month up to the date of eligibility to receive Medicare. (The $360.00 maximum amount is computed by adding the MEC, to an RHS contribution, which shall , when to taled, equal $360.00 per month.) Upon employee eligibility for Medicare, the City contribution to medical insurance shall be in the MEC.
3. January 1, 2008 and later employees (less than 10 complete years of City service) - For those employees hired on and after January 1, 2008, who then retire from City service with less than ten (10) full years of City service, the City medical insurance contribution shall be equivalent to the MEC.
B. Dental and Orthodontic. The City agrees to provide a dental and orthodontic benefit plan.
The City also agrees to pay the monthly premiums for each employee and the employee's dependents.
C. Vision Plan. The City agrees to provide a vision plan for all employees and their dependents. The City also agrees to pay the monthly premiums for each employee and the employee's dependents.
D. Life Insurance. The City agrees to provide a life insurance policy in an amount equal to one year of base salary /pay to a maximum of $150,000.00. The City shall select the insurance company. The City shall pay all monthly premiums. When available through the City, employees may purchase additional life insurance at their own cost.
E. Long Term Disability. The City agrees to provide long term disability insurance. The City shall pay the full premium for this insurance.
8 F. Short Term Disability. The City agrees to provide short-term disability insurance. The City shall pay the full premium for this insurance.
G. Flexible Spending Accounts. The City agrees to put in place a Cafeteria Plan to allow employees to make pretax deductions from their earnings for the purpose of being reimbursed by a third party administrator for eligible health and dependent care expenses.
The City will pay all administrative costs for this program.
H. Health Care Reopener.
The City may reopen negotiations on the issue of health insurance benefits or cafeteria plan (including, as to both, but not limited to, plan benefits or structure, City or employee contributions and/or opt-out amount or requirements) in order to avoid penalties or taxes under the federal Affordable Care Act (“ACA”) or other statutory schemes that may result from an interpretation of the ACA or other statutory scheme by the Internal Revenue Service or other federal agency (including, but not limited to, a revenue ruling, regulation or other guidance) or state agency, or a ruling by a court of competent jurisdiction.
ARTICLE 2.06 DEFERRED COMPENSATION
For those employees participating in a CITY -sponsored deferred compensation program, the CITY shall contribute a matching amount to the employee's account on a dollar -for-dollar basis according to the following schedule:
Not to exceed $2,400.00 per year.
ARTICLE 2.08 TUITION REIMBURSEMENT
The CITY has previously adopted a tuition reimbursement policy under the CITY's personnel rules (Resolution 91-64 approved November 12, 1991). Under this MOU, the maximum reimbursable amount for eligible expenses shall be $3,450 per employee per fiscal year for those in a traditional college curriculum up to the maximum allowed per employee. In consideration for those employees registered in an accredited accelerated academic program, the maximum reimbursable amount of eligible expenses for a fiscal year shall be $13,800 per employee in an accredited accelerated academic program up to the maximum allowed per employee for the full course of employment ($13,800).
A. Eligibility. After twelve (12) months of full -time employment with the CITY, regular full - time employees shall be eligible to receive financial assistance for approved courses completed at an accredited educational institution, provided:
1. Courses are satisfactorily completed with a grade of C or higher.
2. Appropriate proof of successful completion is submitted to the Personnel Officer.
3. Courses of instruction will enable the employee to perform present duties more effectively or prepare them for future opportunities into which they could reasonably expect promotion or transfer to with the CITY.
4. The hours of instruction for the course do not conflict with the employee's regularly scheduled workday.
9 5. Reimbursement is limited to a maximum of $13,800 per employee during the course of their employment. Any reimbursements made after July 1, 2007 will apply to the $13,800 maximum.
For purposes of this policy, an accredited educational institution shall be defined as any technical, vocational, college, university, business or high school that has been accredited by a recognized governmental or professional accrediting body and has been approved by the Personnel Officer.
Employees shall obtain approval of the course from their immediate supervisor and the Personnel Officer in advance of taking course to be eligible for reimbursement. Once completed, reimbursement may be requested by filing the appropriate CITY provided form along with a copy of the final grade report.
B. Eligible Costs. Employees shall be eligible for reimbursement of tuition, textbooks, registration fees , and laboratory fees related to an approved course of instruction.
Ineligible for reimbursement are late registration penalties or fees, transportation costs, parking, interest, or any other charge not specified in this Article.
C. Reimbursement. As part of the tuition reimbursement request, employees shall agree that upon voluntary termination of employment within thirty -six ( 36) months following receipt of a tuition reimbursement, there shall be a deduction from their final pay check in an amount equal to the tuition reimbursement prorated over the portion of the thirty-six (36) month period remaining to be completed.
ARTICLE 2.09 RETIREMENT
A. California Public Employees Retirement System. The CITY provides to its classic safety employees (i.e., those who do not qualify as a “new” member under the California Public Employees’ Pension Reform Act (“PEPRA”) the "3% at 50" CalPERS retirement option for those employees hired on or before December 31, 2012 (“Tier 1”). The CITY shall pay the full 9% statutory employee contribution on behalf of all Tier 1 classic members. For classic members hired after December 31, 2012, the CITY shall provide the CalPERS retirement formula of 3% @ 55, plus a final compensa tion period of thirty-six (36) months (Tier 2”). The CITY shall pay 3.34% of the statutory 9% employee contribution on behalf of Tier 2 classic members. For “ new members” under PEPRA, the CITY shall provide the CalPERS retirement formula of 2.7% @ 57, and the thirty-six (36) month final pensionable compensation period, both as mandated by PEPRA (“Tier 3”). The CITY shall not pay any portion of the mandated employee contribution for Tier 3 “new members.” The CITY’s payment of statutory employee contributions for Tier 1 and Tier 2 classic members shall be reported as compensation earnable to CalPERS by resolution.
B. CalPERS 1959 Survivor Benefit. The CITY provides the CalPERS Fourth Level 1959 Survivor Benefit to employees. The CITY shall pay the employer's administrative costs for said benefit, and the employee shall pay their share of the monthly cost for said program.
C. Employee Payment of Employer Contributions (Cost Sharing).
Tier 1 and Tier 2 classic members shall pay 5.66% of their compensation earnable in the form of payroll deductions as cost sharing of the CITY’s employer rate to CalPERS.
These contributions are made pursuant to Government Code section 20516(a) and are
10 considered to be employer contributions by CalPERS. They will be treated by the CITY as being pre-income tax to the extent allowed by law. Tier 3 “new members” shall not have any cost-sharing amounts withheld for their payroll.
D. The CITY has amended its contract with CalPERS to provide Military Service Credit as Public Service (CalPERS Section 21024).
ARTICLE 2.10 PROFESSIONAL ORGANIZATION MEMBERSHIP
CITY shall pay for all unit members the annual membership fee in either the Peace Officers Research Association of California ( “PORAC”) and in the PORAC legal defense fund, or in the alternative, and at the individual employee's discretion, the counterpart fees in the California Peace Officers Association. The CITY ’s expenditure shall not exceed $515 annually per unit member.
ARTICLE 2.11 COMPUTER UPGRADE REIMBURSEMENT
Employees who have taken advantage of the computer equipment reimbursement program (Section XVIII of Resolution No. 91 -64), and have had the original reimbursement completely forgiven, will be eligible to receive a one- time computer "upgrade" loan for the purchase of authorized computer equipment and/or software up to $500 as funds permit. Participation in the computer upgrade program must be recommended by the Police Chief and approved by the City Manager. Reimbursement of the loan shall occur over the twelve (12) months following payment to the employee. This additional contribution of funds will be deducted from the employee's paycheck each pay period over a period of time not to exceed twelve (12) months or twenty-six (26) pay periods. If the employee who has received a computer upgrade loan leaves the employment of the CITY prior to the expiration of the loan period, the loan balance will be deducted from the employee's final paycheck.
11 SECTION III HOURS
ARTICLE 3.01 ANNUAL LEAVE
Annual leave is a modified combination of the leave time previously classified as vacation leave and sick leave.
A. Annual Leave Accrual. Employees covered by the terms and conditions of this Memorandum shall accrue annual leave per the following schedule:
Years of Service Annual Accrual Maximum Accrual 1 to 3 years
4 to 6 years
7 to 10 years
11 to 15 years
16+ years
168 hours per year (21 days x 8 hrs.)
192 hours per year (24 days x 8 hrs.)
216 hours per year (27 days x 8 hrs.)
232 hours per year (29 days X 8 hrs.)
272 hours per year (34 days X 8 hrs.)
644 hours
644 hours
644 hours
644 hours
644 hours
B. Annual Leave Scheduling. The maximum amount of scheduled annual leave time which may be taken shall be thirty (30) working days in a calendar year, unless used for sick leave purposes. Additional annual leave for exceptional situations may be granted on a case-by-case basis by the City Manager or their designee. Use of annual leave in excess of thirty (30) working days in a calendar year will require the City Manager's approval , except for usage as qualified sick leave. Use of annual leave in excess of eighty (80) consecutive hours, excluding usage for qualified sick leave, will require the City Manager's approval or designee.
C. Annual Leave Minimum Use. A minimum of eighty (80) hours of annual leave should be used each calendar year by the employee.
D. Annual Leave Accrual Cap. Annual leave may be accrued up to a maximum of six hundred and forty-four (644) hours. When this maximum amount is reached the employee will no longer accrue additional annual leave. Annual leave accruals will re-commence in the next pay period following the use of annual leave which reduces this balance below the maximum allowed. It is incumbent upon the employee to manage their accrued annual time off so as not to exceed the maximum amount of six hundred and forty -four (644) hours.
E. Annual Leave Use in First Year. Earned and accrued annual leave may be taken before the completion of the first year of service with the approval of the City Manager or their designee. Annual leave may be taken for the purpose of sick leave after completion of ninety (90) days of CITY service and does not require City Manager approval.
F. Vacation Postponement. If an employee does not utilize their annual leave for the purposes of vacation in any calendar year, the employee may, subject to the approval of the City Manager, be allowed such vacation leave during the succeeding calendar year.
In no event, however, shall any employee's vacation leave with pay exceed thirty (30) working days in any calendar year.
12 G. Holidays Within Vacation Period. Holidays falling within the scheduled vacation leave period shall not be considered as part of an employee's vacation. Should a holiday be declared during an employee's vacation leave period, an equivalent number of hours for the applicable holiday shall be credited back to the employee's annual leave balance.
Illness occurring during a scheduled vacation period shall not be considered unscheduled (sick) leave.
H. Unused Annual Leave. Any employee who is eligible for annual leave benefits and terminates their employment with the CITY will be paid for any unused annual leave hours.
I. Annual Leave for Illness or Health Reason . When an employee is absent from work due to illness or a health-related reason, said leave periods shall utilize annual leave with pay. In the event of absences due to illness or injury, the Police Chief, in consultation with the Human Resources Manager, may require a physician's statement indicating the employee's fitness to return to work, when the sick leave absence due to personal illness or injury exceeds three (3) consecutive workdays.
J. Annual Leave Calendar Year Cash -Out. Four times each fiscal year , during payroll periods as determined by the employee, those individuals may request a cash payout of annual leave. S tarting calendar year 2024, employees shall be limited to cash -outs of leave twice yearly, provided the employee irrevocably designates in writing the amount of leave to be cashed out in the year preceding the cash-out. Cash-out is at the employee’s rate of pay at the time paid. Human Resources and/or Finance will supply the irrevocable designation form upon request. This payment can be made in cash and is taxable or can be used as a contribution to a retirement savings plan. Annual leave cash-outs shall be calculated, including the value of the Education Achievement amount received by the employee. The singular limit on the amount of payout is that no distribution shall result in a total of 299 or fewer annual hours remaining in the accrued annual leave bank after the distribution is made. To the extent allowed by Federal/State law, distributions may be utilized to fund deferred compensation or retirement -related accounts. The CITY makes no representation as to the legality and/or tax consequences of such conversion to cash, and the Association and its members release the CITY from any liability that may arise from an individual's exercise of discretion regarding use of payouts for deferred compensation or other account funding. This provision shall be applicable to SICK LEAVE CASH OUT, as well.
K. Use of Annual Leave as Sick Leave.
1. Personal Sick Leave:
When an employee is absent from work due to personal illness, injury, a health related reason (such as the diagnosis, care or treatment of a health condition), or preventive care, said leave time shall be taken and paid from accrued Annual Leave and/or the employee’s Sick Leave Bank (if any frozen sick leave hours are in the Sick Leave Bank).
2. Family Sick Leave:
When an employee is absent from work, or needs a leave of absence, due to the illness or injury of health related reason (such as the diagnosis, care or treatment of a health condition), or preventive care of a qualified family member, said leave
13 time shall be taken and paid from accrued Annual Leave and/or the employee’s Sick Leave Bank (if any frozen sick leave hours are in the Sick Leave Bank).
For the purpose of Family Sick Leave, a qualified family member means the employee’s: child (includes any age or dependency status, or for whom the employee is a legal ward of stands in loco parentis), parent (includes person who stood in loco parentis of the employee as a child), parent-in-law, spouse, registered domestic partner, grandparent, grandchild, or sibling.
3. Other Statutory Use:
Leave time shall be taken and paid from accrued Annual Leave and/or the employee’s Sick Leave Bank (if any frozen sick leave hours are in the Sick Leave Bank) to cover an absence for an employee who is a victim of domestic violence, sexual assault, or stalking to:
a. Obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health, safety, or welfare of the employee or their child(ren).
b. Obtain medical attention or psychological counseling services from a shelter, program, or crisis center , or participate in safety planning or other actions to increase safety.
ARTICLE 3.02 SICK LEAVE BANK
A. Sick Leave Bank.
1. All sick leave balances accumulated since the employee’s date of hire up to and including the pay period ending July 6, 1996, are not added to annual leave, but are frozen and placed in a sick leave bank for the respective employee. In an effort to reduce the financial liability to the CITY of an employee’s bank of unused sick time prior to retirement or other separation from employment, the employee may use sick leave time as time off for non-illness-related reasons.
2. At the time of an employee’s resignation or retirement from the CITY, employees with continuous CITY employment of five (5) years or more shall be eligible to receive a payment of twenty-five percent (25%) of the unused sick leave in the sick leave bank at the employee’s then rate of compensation. Employees with continuous CITY employment of ten (10) years or more shall be eligible to receive payment for fifty percent ( 50%) of the unused sick leave in the sick leave bank.
Employees with continuous CITY employment of fifteen (15) years or more shall be eligible to receive payment for seventy -five (75%) of the unused sick leave in the sick leave bank.
14 B. Sick Leave Bank Cash Out.
1. Four times each fiscal year during payroll periods as determined by the employee, those individuals may request a cash payout or deferral to a Deferred Compensation or Retiree Healthcare Trust Plan of unused sick leave in their frozen sick leave bank accounts on the books in excess of four hundred eighty (480) hours subject to the following schedule:
Years of Service Cash Out Available *
1-5 No cash out during the first five years
6-10 # of excess hours x base hourly rate x .25
11 -15 # of excess hours x base hourly rate x .50
16+ # of excess hours x base hourly rate x .75
*Sick leave bank cash outs shall be calculated to include the Education Achievement Pay received by the employee.
2. When cashing out sick leave bank time, a balance of at least four hundred eighty (480) hours of sick leave shall be maintained at all times.
3. Starting calendar year 2024, employees shall be limited to cash-outs of sick leave twice yearly, provided the employee irrevocably designates in writing the amount of leave to be cashed out in the year preceding the cash -out. Cash-out is at the employee’s rate of pay at the time paid. Human Resources and/or Finance will supply the irrevocable designation form upon request.
ARTICLE 3.03 HOLIDAY LEAVE.
A. The approved CITY holidays shall be as follows:
1. January 1st
2. Dr. Martin Luther King Day (January)
3. The third Monday in February, known as "Presidents' Day"
4. The last Monday in May, known as "Memorial Day"
5. July 4th, "Independence Day"
6. The first Monday in September, known as "Labor Day"
7. November 11th, known as "Veterans' Day"
8. Thanksgiving Day
9. The day after Thanksgiving
10. December 25th
11. Employee's Birthday "(Floating Holiday)
12. Christmas Eve Day (1/2 day holiday)
13. New Year’s Eve Day (1/2 day holiday)
Any day declared to be a holiday by proclamation of the Mayor.
B. CITY employees shall receive ten (10) hours of holiday pay for each holiday except for Christmas Eve Day and New Year’s Eve Day for which employees shall receive five (5) hours of holiday pay.
15 C. Holiday Leave Bank:
CITY will provide a holiday leave bank of one hundred twenty (120) hours at the beginning of each fiscal year. Holiday hours are earned once the recognized holidays occur.
Represented employees are required to use holiday leave on recognized holidays unless scheduled to work. Holiday hours and Floating Holiday hours are paid using the base hourly pay rate at the time they are used.
D. Employees Required to Work on Holiday:
1. Represented employees are normally required to work on approved holidays because they work in positions that require scheduled staffing without regard to holidays, they accrue holiday “bank hours” or “credits” to be used at a later date, and they are permi tted under this MOU to cash out any unused holiday “bank hours” or “credits” accrued. Accordingly, the City shall report such cash-outs under these circumstances and meeting these criteria as reportable compensation to CalPERS to the extent that CalPERS permits it. [See CalPERS Circular Letter 200- 064-14 and CalPERS Circular Letter 200 -019-20, interpreting Rule 571 and the Government Code.]
2. Employees who work on the actual or observed holidays listed in Article 2.14(B) shall not have their holiday bank hours reduced and shall be paid at the rate of time and one -half for all hours actually worked on those holidays , using the employee’s regular rate of pay . Employees who work a partial day, defined as fewer hours than the employee’s normal workday, shall be paid at the rate of time and one-half for all hours actually worked on those holidays and shall have their holiday bank reduced by the number of hours necessary to cover the difference in the number of hours of their regular shift , if any. The City shall report such time worked under these circumstances as reportable compensation to CalPERS to the extent that CalPERS permits it.
E. Holiday Leave Cash-Out:
At the end of the Fiscal Year, remaining holiday leave hours cannot be used after June 1st and will be cashed out on the second payday in June. The cash-out is paid at straight time and calculated using the employee's regular rate of pay. The regular rate of pay for purposes of the holiday leave cash-out includes base pay plus the hourly equivalent of the following eligible special compensation for the employee at the time paid: Bilingual Pay, Administrative On -Call Pay , Night Premium Pay, Longevity Pay, and Educational Achievement Pay.
F. CalPERS Treatment of Holiday Pay as Special Compensation:
The parties intend to create holiday pay and leave cash- out language that meets the CalPERS criteria for Special Compensation pursuant to Government Code Section 20636.
These payments shall be only for working holidays as part of an employee’s normal duties, not just for unused time off . The cash- out must be done at least annually and paid periodically, consistent with past practice, demonstrating that it's earned regularly . The City is currently working with CalPERS for approval of the necessary language. In the event CalPERS requires additional language changes or does not approve holiday pay as
16 special compensation under this MOU, then the parties agree to reopen this Article 3. 03 to meet and confer over the impacts of CalPERS’ decision.
ARTICLE 3.04 PERSONAL LEAVE
A. Administrative Leave. Represented employees shall be granted administrative leave according to the following schedule:
60 hours/year
These hours shall be credited at the beginning of each fiscal year and unused administrative leave shall be compensated at the end of each fiscal year. However, if an employee separates from employment prior to June 30 of any fiscal year, the distribution of remaining administrative leave shall be made on the basis of 1/12 of the total hours multiplied by the number of full months of service completed in the fiscal year. Maintaining employment for fifteen (15) calendar days, shall be deemed completion of the entire month for distribution purposes only.
B. Leave of Absence.
1. Leave Without Pay. An employee may be allowed a leave of absence without pay by submitting a written request to the City Manager, provided the Police Chief has approved the submittal. The City Manager may grant an employee a leave of absence without pay for a period not to exceed six (6) months. During such leave without pay, annual leave, and holiday credits will not be accrued and the employee will be excluded from all other compensation and fringe b enefits.
However, the employee, at their discretion and cost, may take advantage of the Consolidated Omnibus Budget Reconciliation Act (“COBRA”) program so that applicable benefits may continue.
2. Pregnancy and Confinement . The Association agrees to abide by the City-wide Family and Medical Leave Policy that has been established separately from this MOU through the meet and confer process.
C. Jury Leave. Employees who are called for jury service in any court in the State of California or in the United States shall be granted a paid leave of absence to serve as a juror. An employee summoned to and serving on jury duty shall submit evidence of the summons to the Human Resources Office and may be absent from duty with full pay. The employee shall be entitled to retain the pay received for jury duty as partial or full reimbursement for the additional expenses associated with jury duty with no additional reimbursement by the CITY.
D. Military Leave. Military leaves of absence shall be governed by the provisions of Sections 395 et seq. of the Military and Veterans Code.
E. Family Illness Leave. When employees need a leave of absence due to a family illness, said leave time shall be taken and paid from accrued annual leave.
17 ARTICLE 3.05 BEREAVEMENT LEAVE
A. Immediate Family . For purposes of determining Bereavement Leave, the term “immediate family” is defined as spouse, domestic partner, child, parent, sibling, and grandparents; the aforementioned either natural, legally adopted, step or in- law, or any person over whom the employee acts as legal guardian, or a verifiable current member of the employee's immediate household. The CITY and the Association further agree that the definition of immediate family shall include an ex-spouse if the employee is escorting dependent children to the funeral of an ex-spouse who was the parent of the dependent child or children.
B. Travel Less Than 300 Miles. Upon the death of an immediate family member whose memorial/burial services occur within less than 300 miles from the CITY, an employee may use up to three (3) work shifts of paid Bereavement Leave not chargeable to any other leave and an additional two (2) work shifts of any other leave or of unpaid leave for a total of five (5) work shifts.
C. Travel More Than 300 Miles. Upon the death of an immediate family member whose memorial/burial services occur 300 miles or more from the CITY, an employee may use up to five (5) work shifts of paid Bereavement Leave not chargeable to any other leave.
D. Other Terms and Conditions of Use. Bereavement Leave must be completed within three (3) months of the immediate family member’s death and may be intermittent leave and is not required to be used in consecutive amounts. Intermittent leave shall equate to the number of equivalent hours as constitute the employee’s normal work shifts as of the date Bereavement Leave is first requested. Employees are required to provide documentation to the CITY of the immediate family member’s death within thirty (30) days of the first day of use of Bereavement Leave. “Documentation” includes, but is not limited to, a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency. The CITY shall maintain the confidentiality of any employee requesting leave under this section. Any documentation provided to the CITY regarding this leave shall be maintained as confidential and shal l not be disclosed except to internal personnel or counsel, as necessary, or as required by law.
18 SECTION IV WORKING CONDITIONS
ARTICLE 4.01 EXEMPT EMPLOYEES
It is acknowledged that the employees subject to this MOU are exempt employees under the Federal Fair Labor Standards Act (“FLSA”).
ARTICLE 4.02 PROBATIONARY PERIOD
All employees appointed to a position represented by the Association shall serve a twelve ( 12) month probationary period. The probation period shall be considered a part of the examination and selection process and shall not include the time served under any limited service or provisional appointment, but shall date from the time of appointment to a regular position. All such employees shall receive performance evaluations no less than at the end of the sixth (6th) and twelfth (12th) month of the probationary period.
ARTICLE 4.03 ANNIVERSARY DATE
An employee's anniversary date shall be the date of the most recent hire by the CITY.
An employee who is involuntarily terminated by the CITY but who is ordered reinstated by a court or other reviewing body shall be restored to their former seniority with the appropriate benefit accrual formula.
ARTICLE 4.04 DEMOTIONS
A represented employee who does not successfully complete probation and receive a permanent appointment to a position to which the employee was promoted shall be permitted to return to the position and status held prior to promotion.
ARTICLE 4.05 SUBSTANCE ABUSE POLICY
It is the responsibility of all affected employees to cooperate to protect lives, personal safety and property of co -workers and fellow citizens. All employees shall take all reasonable steps to accomplish these goals and to minimize potential dangers. Tow ards this goal, employees will follow the CITY's drug free workplace policy as described in the Employee Handbook.
ARTICLE 4.06 VOLUNTARY DEDUCTIONS
As a convenience to employees, the CITY will, upon submission to the Finance Department of written authorization by the employee, make voluntary payroll deductions for Association dues and will remit these deductions to the Association. Any voluntary deduction authorization may be revoked at any time by the employee by submitting to the Finance Department a written request to cancel any such deduction.
ARTICLE 4.07 NO STRIKE PROVISIONS
The Association, its officers, agents, representatives and/or members agree on behalf of themselves and the employees in the bargaining unit that they will not cause or condone any strike, walkout and work stoppage while this Agreement is in effect.
19 Any employee who participates in any of the conduct prohibited by this Article shall be subject to discipline up to and including termination by the CITY.
In the event of such activities, the Association shall immediately instruct any persons covered by this MOU who are engaging in such conduct that they are violating this Agreement and to resume the performance of their job duties.
ARTICLE 4.08 LAYOFF PROCEDURES
In the event of a reduction in the workforce, the employee in the classification being reduced with the least seniority in that class shall be laid off first.
No new employee shall be hired into the classification reduced within two (2) years of the layoff until all employees on layoff from the classification have been given the opportunity to return to work. Such employees shall be rehired to the classification held at the time of the separation and in reverse order of their layoff or demotion.
Seniority shall not accrue during periods of layoff.
Employees to be laid off shall be provided twenty-one (21) days advance written notice of the pending action.
ARTICLE 4.09 GRIEVANCE PROCEDURES
A. Matters Subject to the Grievance Procedures. A grievanc e is a complaint by an employee or the A ssociation that the employee has been adversely affected due to a misinterpretation or misapplication of this Agreement, any other work rules, conditions of employment, or regulations of the CITY or department , or actions of management regarding employee relations. Disciplinary actions are subject only to the provisions of the disciplinary procedures section of this Agreement and are not subject to the procedures of this Article.
1. No punitive action will be assessed against an employee for utilizing the grievance procedure.
2. In a hearing or meeting wi th the supervisor, department head or City Manager called to resolve a grievance, a maximum of two employees, or Association representatives, who may or may not include the grievant, may be excused from work, with the exception of those called as witnesses when both parties agree they are necessary to determine certain facts.
3. The preparation of grievances shall not unreasonably interfere with the employee's regularly assigned duties.
4. At any stage of the grievance process, both parties are entitled to representation.
B. Informal Grievance Procedures. Every effort shall be made to resolve a grievance through discussion between the e mployee, and/or the employee's designated representative and the employee's immediate supervisor . If, after such discussion, the employee does not feel the grievance has been satisfactorily resolved, the employee shall have the right to discuss the matter with the supervisor's su perior within the department.
20 The discussion with the immediate supervisor shall occur not later than ten (10) calendar days after the employee knew or reasonably should have known of the occurrence of a grievable event. The discussion with the supervisor's superior shall occur not later than ten (10) calendar days after notice is provided of the immediate supervisor's decision.
C. Formal Grievance Procedures. If the employee is not in agreement with the decision rendered in the informal grievance procedure, an employee shall have the right to present a formal grievance in writing to the Police Chief within fourteen ( 14) calendar days after receipt of the decis ion at the informal grievance step. The Chief shall meet with the employee and/or the employee's designated representative within seven (7) calendar days after receipt of the written grievance. The Chief shall review the grievance and render a decision in writing and return it to the employee and/or the employee's designated representative within seven (7) calendar days after meeting with the employee.
D. Appeal Procedures. If the employee disagrees with the decision reached by the Police Chief, the employee may present an appeal in writing to the City Manager within fourteen (14) calendar days after the employee's rec eipt of the Police Chief's decision. The City Manager shall set a meeting with the employee and/or the employee's designated representative to discuss the grievance within fourteen (14) calendar days. Within ten (10) calendar days following the meeting, the City Manager shall deliver a copy of the decision to the employee and/or the employee's designated representative.
E. Binding Arbitration. If the employee disagrees with the decision reached by the City Manager, they may submit a written request to the Human Resources Department within ten (10) calendar days from the date the decision was rendered. The CITY and the Association agree to select a list of arbitrators that can be alternatively used when called on. Arbitrators may be added or deleted from the list only by mutual agreement of the CITY and the Association. Arbitration decisions shall be binding.
The expense of the arbitrator shall be shared equally by the parties. Any costs associated with a request for transcripts of the arbitration proceedings will be pai d for by the requesting party. Each party is responsible for making arrangements and for paying any expenses of any witness that may be called on to testify. Employees of the CITY will be released from work without loss of compensation to attend the arbitration hearing.
The arbitrator shall not decide on any issue that has not already been submitted within the statement of issues as presented p reviously. This includes issues that have not been raised and considered at the earlier steps of the grievance.
Any remedy recommended by an arbitrator may not conflict with the provisions contained within this Agreement or CITY policy.
F. Extension of Time Limits. All time limitations imposed by the grievance procedures described in this section may be extended only by mutual written agreement between the CITY and the employee. Failure to strictly comply with any of the time limits described herein shall be a bar to further processing of the grievance.
ARTICLE 4.10 DISCIPLINARY AND APPEALS PROCEDURES
A. Standards of Conduct. All employees are expected to adhere to standards of reasonable and prudent conduct.
21 B. Applicability of Discipline. Disciplinary action may be taken against any non- elected employee of the CITY. Employees represented by the Association shall have rights to the notice and hearing requirements set forth in this section.
C. Discretion in Disciplinary Action. The City Manager and Poli ce Chief may exercise their discretion in applying discipline appropriate to the employee's offense(s) and work record.
D. Personnel record. No employee shall have any comment adverse to their interest entered in their official personnel file, without the employee having first read and signed the document containing the adverse comment indicating they are aware of such comment. If after reading the document the employee refuses to sign it, that fact shall be noted on that document, and signed or initialed by the employee and the document will be placed in the personnel file.
E. Permitted Disciplinary Action. Any one or combination of the following disciplinary actions may be taken against any employee for offenses stated in this section or for any other just cause:
Oral admonishment
Directive Memorandum
Corrective Memorandum
Written reprimand
Suspension
Reduction in salary
Demotion
Dismissal
F. Oral Admonishment. Oral admonishments should be given in private. The supervisor shall include in the admonishment a review of appropriate departmental standards and policies, employee performance expected in the future and the likely consequences of failure to correct performance or behavior. Oral admonishments shall be memorialized in writing.
G. Directive Memorandum. When oral communication has not been sufficient, a directive memorandum can be issued to inform and direct the employee in writing how to complete a task and perform it correctly in the future. It may also be used to give general direction to one or more employees.
H. Corrective Counseling/Memorandum. A pre -disciplinary formal counseling process includes a dialogue between the supervisor and the employee that results in a corrective memorandum issued to the employee which informs the employee that even after previous direction, a task is still being completed incorrectly. This is a warning that future occurrences may result in disciplinary action and is the last pre -disciplinary step. The memorandum requires the correction of performance.
I. Written Reprimand. A written reprimand shall be prepared for the con tinued or more serious offense. The reprimand shall take the form of a memorandum, including a full, accurate, and factual statement of the reason for the reprimand. The memorandum shall be given to the employee in private. The supervisor shall explain appropriate departmental standards and policies, employee performance expected in the future, and likely
22 consequences of failure to correct performance or behavior. A copy of the memorandum shall be placed in t he employee's personnel folder. The employee may respond to the memorandum in writing within thirty (30) calendar days and have such response placed in the employee's personnel folder. A dated copy of the written reprimand shall be released to the employee.
J. Suspension Without Pay. When the employee's undesirable conduct has been continuous, repeated, or is deemed by management to be of such severity that lesser penalties are inadequate or have proved ineffective; the Police Chief may impose suspension without pay. Such suspension shall occur only after the notice procedures specified in subsection N have been complied with and shall be subject to appeal in accordance with this Article.
K. Reduction in Salary. In lieu of, or in addition to other forms of discipline, when facts justify, the Police Chief may impose a reduction in salary upon the employee to a lower step on the present salary range or to a lower salary range, as may be appropriate. The reduction may be for a limited period or permanent, as specified by the Police Chief. Any reduction in salary shall be subject to the notice procedures specified in subsection N and shall be subject to appeal in accordance with this Article.
L. Dismissal. When the employee's conduct has been of a continuous nature, uncorrected by previous discipline, or is of such a nature as to make further employment not in the CITY's interests, or for other good cause, the Police Chief shall have the r ight to dismiss the employee. Dismissal shall be the final termination of the employee's employment. Any action of dismissal shall be taken only in compliance with the notice procedures specified in subsection N. and shall be subject to appeal in accordance with this section.
M. Pre-disciplinary Procedures. An employee being considered for any discipline involving loss of time or wages shall be insured due process through pre- disciplinary measures described in this Article.
N. Written Notice. Written notice of any proposed disciplinary action shall be given to the employee in private. This notice shall include the proposed action, the intended effective date, and the spe cific reasons for such action. A written copy of the allegations of misconduct and the grounds for such allegations shall also be included, along with a copy of all supporting documentation upon which the department expects to rely. The employee is entitled to copies of all materials on which the allegations are based, if there are any.
The employee's right to respond orally or in writing , the right to respond in person or through a designated representative, the time in which the response should be made, and to whom and where it should be made shall be specified in the notice of intended discipline.
O. Employee Response. An employee is entitled to a reasonable time, not to exceed fourteen (14) calendar days, to answer a notice of proposed discipline. The Police Chief may grant an extension of the response period if the employee can demonstrate the need.
Should an employee respond, the Police Chief shall consider the response in reaching a decision or disciplinary action. The employee is entitled to respond in writing or orally, personally or through a designated representative, or any combination thereof. If the employee requests a meeting to present a response, the meeting shall not be conducted as an adversarial hearing.
23 The employee may not cross -examine the department's witnesses nor present a formal case to support the response. The employee shall be given the opportunity to make any representations the employee believes might aff ect the disciplinary decision. Any time extensions shall be permitted only with the consent of the Police Chief. If the employee fails to respond within the time specified, the Police Chief may proceed with a decision.
The Police Chief has the right to conduct further investigations. If new charges result from this investigation, the employee shall be given formal written notice of the same and another opportunity to respond in accordance with this Article.
P. Police Chief Response. The Police Chief shall provide a written answer to an employee's response at the earliest practical date, not to exceed fourteen (14) calendar days following the response of the employee. The Police Chief shall deliver the notice of decision to the employee at or before the time when the action will be effective. The answer shall be dated and signed by the Police Chief. The answer shall inform the employee which of the reasons and grounds in the notice of proposed d iscipline have been sustained. The answer shall include a statement of the employee's right to appeal, as provided herein.
Additionally, the time limit for an appeal and the specific discipline to be imposed or the decision not to impose discipline shall be detailed in the answer. The effective date of discipline shall be included in the answer. Any time extensions shall be permitted only with the consent of the Police Chief.
If the pre-disciplinary meeting with the Police Chief results in a decision that discipline is appropriate, the disciplinary action shall be immediately implemented, with restitution/reinstatement if any, being made following conclusion of either arbitration or the City Manager level appeal, whichever is applicable.
Q. Appeal of Disciplinary Actions by Association through Binding Arbitration . The Association may appeal the imposition of discipline on a represented employee within fourteen (14) calendar days after the receipt by the employee of the Police Chief's answer.
Appeals from discipline shall be in writing, signed by the appellant or t he appellant's representative, and delivered to the Human Resources Department , with a copy to the Police Chief. The CITY and Association agree to select a list of arbitrators that can be alternatively used when called on. Arbitrators may be added or deleted from the list only by mutual agreement of the CITY and the Association. Arbitration decisions shal l be binding.
The expense of the arbitrator shall be shared equally by the parties. Any costs associated with a request for transcripts of the arbitration proceedings will be paid for by the requesting party. Each party is responsible for making arrangements and for pay ing any expenses of any witness that may be called on to testify. Employees of the CITY will be released from work without loss of compensation to attend the arbitration hearing. The arbitrator shall not decide on any issue that has not already been submit ted within the statement of issues as presented previously. This includes issues that have not been raised and considered at the earlier steps of the disciplinary process.
Any remedy issued by an arbitrator may not conflict with the provisions contained within this Agreement or CITY policy.
R. Appeal of Disciplinary Actions by Employee without Association Support. In the event that the Association does not support a represented employee’s disciplinary appeal
24 and/or pay half the costs of any proposed arbitration, then the employee shall have the right to appeal the Police Chief’s decision to the City Manager within fourteen (14) calendar days after the receipt by the employee of the Police Chief ’s answer. Appeals from discipline shall be in writing, signed by the appellant , and delivered to the City Manager, who shall set a time for a hearing by the City Manager and/or their designee. The hearing shall be held within thirty (30) calendar days after receipt of the appeal letter. The City Manager shall give not less than seven (7) calendar day's written notice to the affected employee of the time and place of such hearing. The hearing may be open to the public or closed at the employee's option. The appealing employee may appear personally and represent themself or be represented by another of the employee's choosing or by legal counsel.
1. During the examination of witnesses, all other witnesses, except the parties, shall be excluded from the hearing, unless the City Manager, in their discretion and for good cause, otherwise directs.
2. No photography, still or motion shall be taken in the hearing room during the hearing.
3. The City Manager, prior to or during a hearing, may grant a continuance for any reason deemed to be important to the City Manager in reaching a fair and proper decision.
4. The City Manager shall give all parties to the action a reasonable opportunity to be heard on relevant issues. The police department's representative shall first present an opening statement and oral and/or documentary evidence in support of the department's position. The affected employee may present oral or documentary evidence and may cross-examine any witness called by the department. The appellant may make an opening statement on the employee's behalf. The department's representative may cross -examine any witness called by the employee. Both the department and the appellant may present rebuttal evidence. The department may then make a closing statement, followed by the employee's closing statement.
5. The City Manager shall not be bound by technical rules of evidence.
6. The City Manager may, at the City Manager's discretion, appoint a hearing officer to conduct the hearing on the City M anager's behalf and to report findings and recommendations to the City Manager for final decision. In this case, a copy of the hearing officer's report shall be provided to the employee.
7. The employee shall be entitled to copies of any relevant material used in the disciplinary decision- making process , and the CITY shall pay the costs of any recording or reporting, including transcripts, of the hearing. Each party shall bear their own attorney fees and associated costs.
8. The City Manager shall, within fourteen (14) calendar days after the conclusion of the hearing, cause findings and a decision to be prepared in writing. The City Manager shall determine whether the proposed action of the Chief of Police is supported by the evidence. Should the City Manager find that none of the charges are supported by the evidence presented, the decision shall be that no disciplinary action shall be taken. A decision not to impose discipline shall be accompanied by a directive from the City Manager to delete all references to the appealed action from the employee's personnel file. Should the City Manager find that any or all of the charges are supported, the
25 manager shall affirm, overrule, or modify in whole or in part the disciplinary action imposed by the Chief of Police. The City Manager shall cause a copy of the findings and decision to be delivered to the affected employee. The decision shall indicate the effective date of any discipline imposed. The decision of the City Manager is final with no other or further right of internal administrative appeal.
S. Employee Status During Pre-Discipline Period. Except as otherwise provided an employee against who disciplinary action is proposed is entitled to be retained in an active status during the pre -disciplinary period. When circumstances are such that retention of the employee on active status may result in damage to the CITY property or may be detrimental to the interests of the CITY or injurious to the employee, fellow employees, or the public, the Police Chief may following discussion with the employee or at the employee's option, temporarily assign the employee to duties in which these conditions do not exist or place the employee on paid suspension until pre-disciplinary proceedings are concluded or circumstances causing the suspension change. Such action shall not be inconsistent with Section 3303 of the California Government Code.
T. Time Limits. All time limitations of this Article may be extended or shortened only by mutual agreement of the parties.
U. Meet and Confer Regarding Written Reprimand Appeals. The parties agree to continue to meet and confer to clarify the appeal process for letters of reprimand, either by adopting a new Departmental policy and placing it in the PD Policy Manual or adding provisions to this MOU.
ARTICLE 4.11 OTHER ITEMS
Items not specifically addressed in the Compensation Plan shall continue to be addressed in Personnel Resolution, No. 91-64, the Employee Relations Resolution, No. 93-214.
ARTICLE 4.12 RE-OPENERS
The parties agree to meet and confer to discuss draft provisions to address SB 2, either by adopting a new Departmental policy and placing it in the PD Policy Manual or adding provisions to the MOU, including a survey of what other cities are doing. This meet and confer is to take place before 2026 . The parties further agree to meet and confer during the term of this MOU regarding the following matters:
A. Update to CITY’s Employer-Employee Relations Resolution and/or local labor relations rules and procedures.
B. Update Personnel Rules and PD Manual.
C. Update the definition of total compensation categories and comparable cities during the term of the MOU for purposes of successor MOU negotiations as identified in Article 2.03.
26 APPROVALS
CITY OF MURRIETA MURRIETA POLICE
MANAGEMENT ASSOCIATION
By: _________________________________ By: _______________________________ Justin Clifton Spencer Parker
City Manager President
By: _________________________________ By: _______________________________ Diego Chavez Jeremy Durant
Administrative Services Director Treasurer
By: _______________________________
Brendon Carney
Secretary